Senate File 540 - Introduced SENATE FILE 540 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1216) A BILL FOR An Act relating to and making appropriations to designated 1 state departments, agencies, funds, and certain other 2 entities, providing for regulatory authority, and other 3 properly related matters, and including effective date and 4 contingent retroactive applicability date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2818SV (4) 84 rn/tm
S.F. 540 DIVISION I 1 ADMINISTRATION AND REGULATION 2 FY 2011-2012 3 Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES. 4 1. There is appropriated from the general fund of the state 5 to the department of administrative services for the fiscal 6 year beginning July 1, 2011, and ending June 30, 2012, the 7 following amounts, or so much thereof as is necessary, to be 8 used for the purposes designated, and for not more than the 9 following full-time equivalent positions: 10 a. For salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,020,344 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 84.18 14 b. For the payment of utility costs: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,704,460 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 17 Notwithstanding section 8.33, any excess funds appropriated 18 for utility costs in this lettered paragraph shall not revert 19 to the general fund of the state at the end of the fiscal year 20 but shall remain available for expenditure for the purposes of 21 this lettered paragraph during the succeeding fiscal year. 22 c. For Terrace Hill operations: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,914 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.88 25 d. For the I3 distribution account: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,277,946 27 e. For operations and maintenance of the Iowa building: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 995,535 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 30 2. Members of the general assembly serving as members of 31 the deferred compensation advisory board shall be entitled 32 to receive per diem and necessary travel and actual expenses 33 pursuant to section 2.10, subsection 5, while carrying out 34 their official duties as members of the board. 35 -1- LSB 2818SV (4) 84 rn/tm 1/ 62
S.F. 540 3. Any funds and premiums collected by the department for 1 workers’ compensation shall be segregated into a separate 2 workers’ compensation fund in the state treasury to be used 3 for payment of state employees’ workers’ compensation claims 4 and administrative costs. Notwithstanding section 8.33, 5 unencumbered or unobligated moneys remaining in this workers’ 6 compensation fund at the end of the fiscal year shall not 7 revert but shall be available for expenditure for purposes of 8 the fund for subsequent fiscal years. 9 Sec. 2. LEASING AUTHORITY IMPLEMENTATION. 10 1. A state agency that has entered into a lease for any 11 buildings or office space shall forward a copy of each such 12 existing lease to the department of administrative services for 13 review prior to July 1, 2011. 14 2. A state agency that is in the process of entering into or 15 renewing a lease for any building or office space shall contact 16 the department of administrative services prior to finalizing 17 such lease. Such lease shall not be entered into or renewed 18 without the approval of the department. 19 3. The department shall provide space management services 20 and begin to lease all buildings and office space wherever 21 located throughout the state as provided in section 8A.321, 22 as amended by this Act, as soon as practicable, but by 23 no later than December 1, 2011. Prior to assuming those 24 responsibilities, the department shall review and approve 25 leases under subsection 2 unless, in the department’s 26 discretion, it is determined that entering into or renewing 27 such lease would not be in the best interests of the state. 28 4. The department is authorized to assess a fee to a state 29 agency for which a lease is negotiated or renewed pursuant 30 to this Act sufficient to cover the department’s costs in 31 providing space management services under this Act. 32 Sec. 3. TRAVEL REIMBURSEMENT IMPLEMENTATION. 33 1. If this Act is approved by the governor prior to July 1, 34 2011, the electronic online travel authorization form provided 35 -2- LSB 2818SV (4) 84 rn/tm 2/ 62
S.F. 540 for in section 8A.512A, if enacted, shall be developed on or 1 before July 1, 2011, and executive branch employees subject 2 to that section traveling out of state on behalf of the state 3 shall utilize the form on and after that date. 4 2. The database to be made available by the department of 5 administrative services as provided in section 8A.512A, if 6 enacted, shall be developed and available for public access on 7 or before January 1, 2012. 8 3. The department shall develop a plan for converting 9 the existing reimbursement process to a paperless process, 10 including implementation steps, a timeline, and an estimated 11 budget. The plan shall be submitted to the governor by no 12 later than January 1, 2012. 13 Sec. 4. REVOLVING FUNDS. There is appropriated to the 14 department of administrative services for the fiscal year 15 beginning July 1, 2011, and ending June 30, 2012, from the 16 revolving funds designated in chapter 8A and from internal 17 service funds created by the department such amounts as the 18 department deems necessary for the operation of the department 19 consistent with the requirements of chapter 8A. 20 Sec. 5. FUNDING FOR IOWACCESS. 21 1. Notwithstanding section 321A.3, subsection 1, for the 22 fiscal year beginning July 1, 2011, and ending June 30, 2012, 23 the first $750,000 collected and transferred by the department 24 of transportation to the treasurer of state with respect to the 25 fees for transactions involving the furnishing of a certified 26 abstract of a vehicle operating record under section 321A.3, 27 subsection 1, shall be transferred to the IowAccess revolving 28 fund for the purposes of developing, implementing, maintaining, 29 and expanding electronic access to government records as 30 provided by law. 31 2. All fees collected with respect to transactions 32 involving IowAccess shall be deposited in the IowAccess 33 revolving fund and shall be used only for the support of 34 IowAccess projects. 35 -3- LSB 2818SV (4) 84 rn/tm 3/ 62
S.F. 540 3. For the fiscal year beginning July 1, 2011, and ending 1 June 30, 2012, there is appropriated from the IowAccess 2 revolving fund, to the office of the secretary of state $75,000 3 for costs associated with decennial redistricting. 4 Sec. 6. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION 5 CHARGE. For the fiscal year beginning July 1, 2011, and ending 6 June 30, 2012, the monthly per contract administrative charge 7 which may be assessed by the department of administrative 8 services shall be $2 per contract on all health insurance plans 9 administered by the department. 10 Sec. 7. AUDITOR OF STATE. 11 1. There is appropriated from the general fund of the state 12 to the office of the auditor of state for the fiscal year 13 beginning July 1, 2011, and ending June 30, 2012, the following 14 amount, or so much thereof as is necessary, to be used for 15 the purposes designated, and for not more than the following 16 full-time equivalent positions: 17 For salaries, support, maintenance, and miscellaneous 18 purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 814,921 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00 21 2. The auditor of state may retain additional full-time 22 equivalent positions as is reasonable and necessary to 23 perform governmental subdivision audits which are reimbursable 24 pursuant to section 11.20 or 11.21, to perform audits which are 25 requested by and reimbursable from the federal government, and 26 to perform work requested by and reimbursable from departments 27 or agencies pursuant to section 11.5A or 11.5B. The auditor 28 of state shall notify the department of management, the 29 legislative fiscal committee, and the legislative services 30 agency of the additional full-time equivalent positions 31 retained. 32 3. The auditor of state shall allocate resources from the 33 appropriation in this section solely for audit work related to 34 the comprehensive annual financial report, federally required 35 -4- LSB 2818SV (4) 84 rn/tm 4/ 62
S.F. 540 audits, and investigations of embezzlement, theft, or other 1 significant financial irregularities until the audit of the 2 comprehensive annual financial report is complete. 3 Sec. 8. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 4 is appropriated from the general fund of the state to the 5 Iowa ethics and campaign disclosure board for the fiscal year 6 beginning July 1, 2011, and ending June 30, 2012, the following 7 amount, or so much thereof as is necessary, for the purposes 8 designated: 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 14 Sec. 9. DEPARTMENT OF COMMERCE. 15 1. There is appropriated from the general fund of the 16 state to the department of commerce for the fiscal year 17 beginning July 1, 2011, and ending June 30, 2012, the following 18 amounts, or so much thereof as is necessary, for the purposes 19 designated: 20 a. ALCOHOLIC BEVERAGES DIVISION 21 (1) For salaries, support, maintenance, and miscellaneous 22 purposes, and for not more than the following full-time 23 equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,220,391 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00 26 (2) Of the funds appropriated pursuant to this paragraph, up 27 to $60,000 shall be used to establish and implement a web-based 28 alcohol compliance employee training program for alcoholic 29 beverage sales personnel. 30 b. PROFESSIONAL LICENSING AND REGULATION BUREAU 31 For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,353 35 -5- LSB 2818SV (4) 84 rn/tm 5/ 62
S.F. 540 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 1 2. There is appropriated from the department of commerce 2 revolving fund created in section 546.12 to the department of 3 commerce for the fiscal year beginning July 1, 2011, and ending 4 June 30, 2012, the following amounts, or so much thereof as is 5 necessary, for the purposes designated: 6 a. BANKING DIVISION 7 For salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,851,670 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 80.00 12 b. CREDIT UNION DIVISION 13 For salaries, support, maintenance, and miscellaneous 14 purposes, and for not more than the following full-time 15 equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,727,995 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 19.00 18 c. INSURANCE DIVISION 19 (1) For salaries, support, maintenance, and miscellaneous 20 purposes, and for not more than the following full-time 21 equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,983,244 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 106.50 24 (2) The insurance division may reallocate authorized 25 full-time equivalent positions as necessary to respond to 26 accreditation recommendations or requirements. The insurance 27 division expenditures for examination purposes may exceed the 28 projected receipts, refunds, and reimbursements, estimated 29 pursuant to section 505.7, subsection 7, including the 30 expenditures for retention of additional personnel, if the 31 expenditures are fully reimbursable and the division first does 32 both of the following: 33 (a) Notifies the department of management, the legislative 34 services agency, and the legislative fiscal committee of the 35 -6- LSB 2818SV (4) 84 rn/tm 6/ 62
S.F. 540 need for the expenditures. 1 (b) Files with each of the entities named in subparagraph 2 division (a) the legislative and regulatory justification for 3 the expenditures, along with an estimate of the expenditures. 4 d. UTILITIES DIVISION 5 (1) For salaries, support, maintenance, and miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,173,069 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 79.00 10 (2) The utilities division may expend additional funds, 11 including funds for additional personnel, if those additional 12 expenditures are actual expenses which exceed the funds 13 budgeted for utility regulation and the expenditures are fully 14 reimbursable. Before the division expends or encumbers an 15 amount in excess of the funds budgeted for regulation, the 16 division shall first do both of the following: 17 (a) Notify the department of management, the legislative 18 services agency, and the legislative fiscal committee of the 19 need for the expenditures. 20 (b) File with each of the entities named in subparagraph 21 division (a) the legislative and regulatory justification for 22 the expenditures, along with an estimate of the expenditures. 23 (3) Notwithstanding sections 8.33 and 476.10 or any other 24 provisions to the contrary, any unencumbered or unobligated 25 balance of the appropriation made in this paragraph for the 26 utilities division or any other operational appropriation made 27 for the fiscal year beginning July 1, 2011, and ending June 28 30, 2012, that remains unused, unencumbered, or unobligated at 29 the close of the fiscal year shall not revert but shall remain 30 available to be used for purposes of the energy-efficient 31 building project authorized under section 476.10B, or for 32 relocation costs in succeeding fiscal years. 33 3. CHARGES. Each division and the office of consumer 34 advocate shall include in its charges assessed or revenues 35 -7- LSB 2818SV (4) 84 rn/tm 7/ 62
S.F. 540 generated an amount sufficient to cover the amount stated 1 in its appropriation and any state-assessed indirect costs 2 determined by the department of administrative services. 3 Sec. 10. DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING 4 AND REGULATION BUREAU. There is appropriated from the housing 5 trust fund of the Iowa finance authority created in section 6 16.181, to the bureau of professional licensing and regulation 7 of the banking division of the department of commerce for the 8 fiscal year beginning July 1, 2011, and ending June 30, 2012, 9 the following amount, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 For salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,317 14 Sec. 11. GOVERNOR AND LIEUTENANT GOVERNOR. There is 15 appropriated from the general fund of the state to the offices 16 of the governor and the lieutenant governor for the fiscal year 17 beginning July 1, 2011, and ending June 30, 2012, the following 18 amounts, or so much thereof as is necessary, to be used for the 19 purposes designated: 20 For salaries, support, maintenance, and miscellaneous 21 purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,299,068 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.88 24 Sec. 12. DEPARTMENT OF HUMAN RIGHTS. There is appropriated 25 from the general fund of the state to the department of human 26 rights for the fiscal year beginning July 1, 2011, and ending 27 June 30, 2012, the following amounts, or so much thereof as is 28 necessary, to be used for the purposes designated: 29 1. CENTRAL ADMINISTRATION DIVISION 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 206,103 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 35 -8- LSB 2818SV (4) 84 rn/tm 8/ 62
S.F. 540 2. COMMUNITY ADVOCACY AND SERVICES DIVISION 1 For salaries, support, maintenance, and miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,056,792 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00 6 3. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 7 For salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,073,892 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 12 The criminal and juvenile justice planning advisory council 13 and the juvenile justice advisory council shall coordinate 14 their efforts in carrying out their respective duties relative 15 to juvenile justice. 16 Sec. 13. DEPARTMENT OF INSPECTIONS AND APPEALS. There 17 is appropriated from the general fund of the state to the 18 department of inspections and appeals for the fiscal year 19 beginning July 1, 2011, and ending June 30, 2012, the following 20 amounts, or so much thereof as is necessary, for the purposes 21 designated: 22 1. ADMINISTRATION DIVISION 23 For salaries, support, maintenance, and miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,527,740 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.40 28 2. ADMINISTRATIVE HEARINGS DIVISION 29 For salaries, support, maintenance, and miscellaneous 30 purposes, and for not more than the following full-time 31 equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 553,973 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00 34 3. INVESTIGATIONS DIVISION 35 -9- LSB 2818SV (4) 84 rn/tm 9/ 62
S.F. 540 a. For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,168,639 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 58.50 5 b. The department, in coordination with the investigations 6 division, shall provide a report to the general assembly by 7 January 10, 2012, concerning the fiscal impact of additional 8 full-time equivalent positions on the department’s efforts 9 relative to the Medicaid divestiture program under chapter 10 249F. 11 4. HEALTH FACILITIES DIVISION 12 a. For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,562,739 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 134.75 17 b. The department shall, in coordination with the health 18 facilities division, make the following information available 19 to the public in a timely manner, to include providing the 20 information on the department’s internet website, during the 21 fiscal year beginning July 1, 2011, and ending June 30, 2012: 22 (1) The number of inspections conducted by the division 23 annually by type of service provider and type of inspection. 24 (2) The total annual operations budget for the division, 25 including general fund appropriations and federal contract 26 dollars received by type of service provider inspected. 27 (3) The total number of full-time equivalent positions in 28 the division, to include the number of full-time equivalent 29 positions serving in a supervisory capacity, and serving as 30 surveyors, inspectors, or monitors in the field by type of 31 service provider inspected. 32 (4) Identification of state and federal survey trends, 33 cited regulations, the scope and severity of deficiencies 34 identified, and federal and state fines assessed and collected 35 -10- LSB 2818SV (4) 84 rn/tm 10/ 62
S.F. 540 concerning nursing and assisted living facilities and programs. 1 c. It is the intent of the general assembly that the 2 department and division continuously solicit input from 3 facilities regulated by the division to assess and improve 4 the division’s level of collaboration and to identify new 5 opportunities for cooperation. 6 5. EMPLOYMENT APPEAL BOARD 7 a. For salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,215 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 12 b. The employment appeal board shall be reimbursed by 13 the labor services division of the department of workforce 14 development for all costs associated with hearings conducted 15 under chapter 91C, related to contractor registration. The 16 board may expend, in addition to the amount appropriated under 17 this subsection, additional amounts as are directly billable 18 to the labor services division under this subsection and to 19 retain the additional full-time equivalent positions as needed 20 to conduct hearings required pursuant to chapter 91C. 21 6. CHILD ADVOCACY BOARD 22 a. For foster care review and the court appointed special 23 advocate program, including salaries, support, maintenance, and 24 miscellaneous purposes, and for not more than the following 25 full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,794,473 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.80 28 b. The department of human services, in coordination with 29 the child advocacy board and the department of inspections and 30 appeals, shall submit an application for funding available 31 pursuant to Tit. IV-E of the federal Social Security Act for 32 claims for child advocacy board administrative review costs. 33 c. The court appointed special advocate program shall 34 investigate and develop opportunities for expanding 35 -11- LSB 2818SV (4) 84 rn/tm 11/ 62
S.F. 540 fund-raising for the program. 1 d. Administrative costs charged by the department of 2 inspections and appeals for items funded under this subsection 3 shall not exceed 4 percent of the amount appropriated in this 4 subsection. 5 Sec. 14. DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL 6 CORPORATION FOOD INSPECTIONS. For the fiscal year beginning 7 July 1, 2011, and ending June 30, 2012, the department of 8 inspections and appeals shall retain any license fees generated 9 during the fiscal year as a result of actions under section 10 137F.3A occurring during the period beginning July 1, 2009, 11 and ending June 30, 2011, for the purpose of enforcing the 12 provisions of chapters 137C, 137D, and 137F. 13 Sec. 15. DEPARTMENT OF INSPECTIONS AND APPEALS —— 14 HEALTH CARE FACILITIES INSPECTIONS. Notwithstanding any 15 provision of section 135C.16 to the contrary, inspections of 16 health care facilities that are only state-licensed and not 17 certified under the Medicare or Medicaid programs shall not be 18 inspected by the department of inspections and appeals every 19 thirty months, but only as provided pursuant to sections 135C.9 20 and 135C.38. 21 Sec. 16. DEPARTMENT OF INSPECTIONS AND APPEALS —— GENERAL 22 SUPPORT —— MEDICAID FRAUD FUND APPROPRIATION. There is 23 appropriated from the Medicaid fraud fund created in section 24 249.7 to the health facilities division of the department of 25 inspections and appeals for the fiscal year beginning July 26 1, 2011, and ending June 30, 2012, the following amount, or 27 so much thereof as is necessary, to be used for the purposes 28 designated: 29 For additional health facility surveyors, compliance 30 officers, and residential care facility surveyors: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 32 Sec. 17. DEPARTMENT OF INSPECTIONS AND APPEALS —— STATE 33 MATCH REQUIREMENTS —— MEDICAID FRAUD FUND APPROPRIATION. There 34 is appropriated from the Medicaid fraud fund created in section 35 -12- LSB 2818SV (4) 84 rn/tm 12/ 62
S.F. 540 249A.7 to the department of inspections and appeals for the 1 fiscal year beginning July 1, 2011, and ending June 30, 2012, 2 the amounts necessary for the purposes designated: 3 1. To cover the cost of any state match to draw down 4 matching federal funds through the department of human services 5 for additional full-time equivalent positions for conducting 6 investigations of alleged fraud and overpayments of food 7 assistance benefits through electronic benefits transfer. 8 2. For the state financial match requirement for meeting 9 the federal mandates connected with the department’s Medicaid 10 fraud and abuse activities, and the amount necessary to cover 11 costs incurred by the department or other agencies in providing 12 regulation, responding to allegations, or other activity 13 involving chapter 135O. 14 Sec. 18. DEPARTMENT OF INSPECTIONS AND APPEALS 15 —— LEGISLATIVE IMPLEMENTATION —— MEDICAID FRAUD FUND 16 APPROPRIATION. There is appropriated from the Medicaid fraud 17 fund created in section 249A.7 to the department of inspections 18 and appeals for the fiscal year beginning July 1, 2011, and 19 ending June 30, 2012, the following amount, or so much thereof 20 as is necessary, to be used for the purposes designated: 21 For salaries, support, maintenance, miscellaneous purposes, 22 administration, and other costs associated with implementation 23 of 2010 Iowa Acts, chapter 1177: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 25 Sec. 19. RACING AND GAMING COMMISSION. 26 1. RACETRACK REGULATION 27 There is appropriated from the gaming regulatory revolving 28 fund established in section 99F.20 to the racing and gaming 29 commission of the department of inspections and appeals for the 30 fiscal year beginning July 1, 2011, and ending June 30, 2012, 31 the following amount, or so much thereof as is necessary, to be 32 used for the purposes designated: 33 For salaries, support, maintenance, and miscellaneous 34 purposes for the regulation of pari-mutuel racetracks, and for 35 -13- LSB 2818SV (4) 84 rn/tm 13/ 62
S.F. 540 not more than the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,511,440 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.53 3 2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION 4 There is appropriated from the gaming regulatory revolving 5 fund established in section 99F.20 to the racing and gaming 6 commission of the department of inspections and appeals for the 7 fiscal year beginning July 1, 2011, and ending June 30, 2012, 8 the following amount, or so much thereof as is necessary, to be 9 used for the purposes designated: 10 For salaries, support, maintenance, and miscellaneous 11 purposes for administration and enforcement of the excursion 12 boat gambling and gambling structure laws, and for not more 13 than the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,078,100 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 44.22 16 Sec. 20. ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF 17 INSPECTIONS AND APPEALS. There is appropriated from the road 18 use tax fund created in section 312.1 to the administrative 19 hearings division of the department of inspections and appeals 20 for the fiscal year beginning July 1, 2011, and ending June 30, 21 2012, the following amount, or so much thereof as is necessary, 22 for the purposes designated: 23 For salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,623,897 26 Sec. 21. DEPARTMENT OF MANAGEMENT. 27 1. There is appropriated from the general fund of the state 28 to the department of management for the fiscal year beginning 29 July 1, 2011, and ending June 30, 2012, the following amounts, 30 or so much thereof as is necessary, to be used for the purposes 31 designated: 32 For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -14- LSB 2818SV (4) 84 rn/tm 14/ 62
S.F. 540 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,423,998 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 2 2. Of the moneys appropriated in this section, the 3 department shall use a portion for enterprise resource 4 planning, providing for a salary model administrator, 5 conducting performance audits, and for the department’s LEAN 6 process. 7 Sec. 22. ROAD USE TAX APPROPRIATION —— DEPARTMENT OF 8 MANAGEMENT. There is appropriated from the road use tax fund 9 created in section 312.1 to the department of management for 10 the fiscal year beginning July 1, 2011, and ending June 30, 11 2012, the following amount, or so much thereof as is necessary, 12 to be used for the purposes designated: 13 For salaries, support, maintenance, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,000 16 Sec. 23. DEPARTMENT OF REVENUE. 17 1. There is appropriated from the general fund of the state 18 to the department of revenue for the fiscal year beginning July 19 1, 2011, and ending June 30, 2012, the following amounts, or 20 so much thereof as is necessary, to be used for the purposes 21 designated: 22 For salaries, support, maintenance, and miscellaneous 23 purposes, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,705,459 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 303.48 27 2. Of the funds appropriated pursuant to this section, 28 $400,000 shall be used to pay the direct costs of compliance 29 related to the collection and distribution of local sales and 30 services taxes imposed pursuant to chapters 423B and 423E. 31 3. The director of revenue shall prepare and issue a state 32 appraisal manual and the revisions to the state appraisal 33 manual as provided in section 421.17, subsection 17, without 34 cost to a city or county. 35 -15- LSB 2818SV (4) 84 rn/tm 15/ 62
S.F. 540 Sec. 24. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 1 appropriated from the motor fuel tax fund created by section 2 452A.77 to the department of revenue for the fiscal year 3 beginning July 1, 2011, and ending June 30, 2012, the following 4 amount, or so much thereof as is necessary, to be used for the 5 purposes designated: 6 For salaries, support, maintenance, miscellaneous purposes, 7 and for administration and enforcement of the provisions of 8 chapter 452A and the motor vehicle use tax program: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,305,775 10 Sec. 25. SECRETARY OF STATE. 11 1. There is appropriated from the general fund of the state 12 to the office of the secretary of state for the fiscal year 13 beginning July 1, 2011, and ending June 30, 2012, the following 14 amounts, or so much thereof as is necessary, to be used for the 15 purposes designated: 16 For salaries, support, maintenance, and miscellaneous 17 purposes, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,860,585 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 45.00 21 2. The state department or state agency which provides 22 data processing services to support voter registration file 23 maintenance and storage shall provide those services without 24 charge. 25 Sec. 26. SECRETARY OF STATE FILING FEES REFUND. 26 Notwithstanding the obligation to collect fees pursuant to the 27 provisions of section 490.122, subsection 1, paragraphs “a” and 28 “s”, and section 504.113, subsection 1, paragraphs “a”, “c”, 29 “d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July 30 1, 2011, the secretary of state may refund these fees to the 31 filer pursuant to rules established by the secretary of state. 32 The decision of the secretary of state not to issue a refund 33 under rules established by the secretary of state is final and 34 not subject to review pursuant to chapter 17A. 35 -16- LSB 2818SV (4) 84 rn/tm 16/ 62
S.F. 540 Sec. 27. TREASURER. 1 1. There is appropriated from the general fund of the 2 state to the office of treasurer of state for the fiscal year 3 beginning July 1, 2011, and ending June 30, 2012, the following 4 amount, or so much thereof as is necessary, to be used for the 5 purposes designated: 6 For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 854,289 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.80 11 2. The office of treasurer of state shall supply clerical 12 and secretarial support for the executive council. 13 Sec. 28. ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER 14 OF STATE. There is appropriated from the road use tax fund 15 created in section 312.1 to the office of treasurer of state 16 for the fiscal year beginning July 1, 2011, and ending June 30, 17 2012, the following amount, or so much thereof as is necessary, 18 to be used for the purposes designated: 19 For enterprise resource management costs related to the 20 distribution of road use tax funds: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 93,148 22 Sec. 29. IPERS —— GENERAL OFFICE. There is appropriated 23 from the Iowa public employees’ retirement system fund to the 24 Iowa public employees’ retirement system for the fiscal year 25 beginning July 1, 2011, and ending June 30, 2012, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 For salaries, support, maintenance, and other operational 29 purposes to pay the costs of the Iowa public employees’ 30 retirement system, and for not more than the following 31 full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,686,968 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 90.13 34 Sec. 30. STATE CAPITOL SIDEWALK HEATING —— 35 -17- LSB 2818SV (4) 84 rn/tm 17/ 62
S.F. 540 DISCONNECTION. The department of administrative services 1 shall disconnect electricity to the heated sidewalk installed 2 in the entry walkway on the East side of the state capitol 3 building, and shall not reconnect the electricity without the 4 authorization of the general assembly. 5 Sec. 31. Section 8A.111, subsection 4, Code 2011, is amended 6 by striking the subsection. 7 Sec. 32. Section 8A.311, subsection 15, Code 2011, is 8 amended to read as follows: 9 15. a. A bidder awarded , to be considered for an award 10 of a state construction contract , shall disclose to the state 11 agency awarding the contract the names of all subcontractors , 12 and suppliers who will work on the project being bid , within 13 forty-eight hours after the award of the contract published 14 date and time by which bids must submitted . 15 b. A bidder shall not replace a subcontractor or supplier 16 disclosed under paragraph “a” without the approval of the state 17 agency awarding the contract. 18 c. A bidder, prior to an award or who is awarded a state 19 construction contract, shall disclose all of the following, as 20 applicable: 21 b. (1) If a subcontractor named or supplier disclosed under 22 paragraph “a” by a bidder awarded a state construction contract 23 is replaced, or if the reason for replacement and the name of 24 the new subcontractor or supplier. 25 (2) If the cost of work to be done by a subcontractor or 26 supplier is reduced, the bidder shall disclose the name of 27 the new subcontractor or changed or if the replacement of a 28 subcontractor or supplier results in a change in the cost, the 29 amount of the reduced change in cost. 30 Sec. 33. Section 8A.315, subsection 1, paragraph d, Code 31 2011, is amended by striking the paragraph. 32 Sec. 34. Section 8A.321, subsection 6, Code 2011, is amended 33 to read as follows: 34 6. a. Lease all buildings and office space necessary to 35 -18- LSB 2818SV (4) 84 rn/tm 18/ 62
S.F. 540 carry out the provisions of this subchapter or necessary for 1 the proper functioning of any state agency at the seat of 2 government wherever located throughout the state . For state 3 agencies at the seat of government, the director may lease 4 buildings and office space in Polk county or in a county 5 contiguous to Polk county. If no specific appropriation 6 has been made, the proposed lease shall be submitted to the 7 executive council for approval. The cost of any lease for 8 which no specific appropriation has been made shall be paid 9 from the fund provided in section 7D.29 . Additionally, the 10 director shall also develop cooperative relationships with the 11 state board of regents in order to promote colocation of state 12 agencies. 13 b. When the general assembly is not in session, the director 14 may request moneys from the executive council for moving 15 state agencies located at the seat of government from one 16 location to another. The request may include moving costs, 17 telecommunications costs, repair costs, or any other costs 18 relating to the move. The executive council may approve and 19 shall pay the costs from funds provided in section 7D.29 if it 20 determines the agency or department has no available funds for 21 these expenses. 22 c. Coordinate the leasing of buildings and office space by 23 state agencies throughout the state and develop cooperative 24 relationships with the state board of regents in order to 25 promote the colocation of state agencies. 26 Sec. 35. Section 8A.327, subsection 1, Code 2011, is amended 27 to read as follows: 28 1. A rent revolving fund is created in the state treasury 29 under the control of the department to be used by the 30 department to pay the lease or rental costs of all buildings 31 and office space necessary for the proper functioning of any 32 state agency at the seat of state government wherever located 33 throughout the state as provided in section 8A.321, subsection 34 6 , except that this fund shall not be used to pay the rental 35 -19- LSB 2818SV (4) 84 rn/tm 19/ 62
S.F. 540 or lease costs of a state agency which has not received funds 1 budgeted for rental or lease purposes. 2 Sec. 36. Section 8A.361, Code 2011, is amended to read as 3 follows: 4 8A.361 Vehicle assignment —— authority in department. 5 The department shall provide for the assignment of all 6 state-owned motor vehicles to utilized by all state officers 7 and employees, and to by all state offices, departments, 8 bureaus, and commissions, except the state department of 9 transportation, institutions under the control of the state 10 board of regents, the department for the blind, and any other 11 agencies exempted by law. 12 Sec. 37. Section 8A.362, subsection 4, paragraphs a through 13 c, Code 2011, are amended to read as follows: 14 a. The director shall provide for the purchase of all motor 15 vehicles for all branches of the state government, except the 16 state department of transportation, institutions under the 17 control of the state board of regents, the department for the 18 blind, and any other state agency exempted by law , which are 19 not rented or leased pursuant to section 8A.367 . The director 20 shall purchase new vehicles in accordance with competitive 21 bidding procedures for items or services as provided in 22 this subchapter . The director may purchase used or preowned 23 vehicles at governmental or dealer auctions if the purchase is 24 determined to be in the best interests of the state. 25 b. The director, and any other state agency, which for 26 purposes of this subsection includes but is not limited to 27 community colleges and institutions under the control of the 28 state board of regents, or local governmental subdivisions 29 purchasing new motor vehicles, shall purchase new passenger 30 motor vehicles and light trucks , which are not rented or leased 31 pursuant to section 8A.367, so that the average fuel efficiency 32 for the fleet of new passenger vehicles and light trucks 33 purchased in that year equals or exceeds the average fuel 34 economy standard for the vehicles’ model year as established by 35 -20- LSB 2818SV (4) 84 rn/tm 20/ 62
S.F. 540 the United States secretary of transportation under 15 U.S.C. 1 § 2002. This paragraph does not apply to vehicles purchased 2 for law enforcement purposes or used for off-road maintenance 3 work, or work vehicles used to pull loaded trailers. 4 c. Not later than June 15 of each year, the director 5 shall report compliance with the corporate average fuel 6 economy standards published by the United States secretary 7 of transportation for new assigned motor vehicles, other 8 than motor vehicles purchased by the state department of 9 transportation, institutions under the control of the state 10 board of regents, the department for the blind, and any other 11 state agency exempted from the requirements of this subsection . 12 The report of compliance shall classify the vehicles purchased 13 assigned for the current vehicle model year using the following 14 categories: passenger automobiles, enforcement automobiles, 15 vans, and light trucks. The director shall deliver a copy 16 of the report to the office of energy independence. As used 17 in this paragraph, “corporate average fuel economy” means the 18 corporate average fuel economy as defined in 49 C.F.R. § 533.5. 19 Sec. 38. Section 8A.362, subsection 5, Code 2011, is amended 20 by striking the subsection. 21 Sec. 39. Section 8A.362, subsections 7 through 9, Code 2011, 22 are amended to read as follows: 23 7. The director may authorize the establishment of motor 24 pools consisting of a number of state-owned state-assigned 25 motor vehicles under the director’s supervision. The director 26 may store the motor vehicles in a public or private garage. If 27 the director establishes a motor pool, any state officer or 28 employee desiring the use of a state-owned state-assigned motor 29 vehicle on state business shall notify the director of the need 30 for a vehicle within a reasonable time prior to actual use of 31 the motor vehicle. The director may assign a motor vehicle 32 from the motor pool to the state officer or employee , or from 33 the vendor awarded a contract pursuant to section 8A.367 . If 34 two or more state officers or employees desire the use of a 35 -21- LSB 2818SV (4) 84 rn/tm 21/ 62
S.F. 540 state-owned state-assigned motor vehicle for a trip to the 1 same destination for the same length of time, the director may 2 assign one vehicle to make the trip. 3 8. The director shall require that a sign be placed on 4 each state-owned motor vehicle in a conspicuous place which 5 indicates its ownership by the state. This requirement 6 shall not apply to motor vehicles requested to be exempt by 7 the director or by the commissioner of public safety. All 8 state-owned motor vehicles shall display registration plates 9 bearing the word “official” except motor vehicles requested to 10 be furnished with ordinary plates by the director or by the 11 commissioner of public safety pursuant to section 321.19 . The 12 director shall keep an accurate record of the registration 13 plates used on all state-owned motor vehicles. This subsection 14 shall not apply to an assigned vehicle rented or leased 15 pursuant to section 8A.367. 16 9. All fuel used in state-owned state-assigned automobiles 17 shall be purchased at cost from the various installations 18 or garages of the state department of transportation, state 19 board of regents, department of human services, or state motor 20 pools throughout the state, unless the state-owned sources 21 for the purchase of fuel are not reasonably accessible. If 22 the director determines that state-owned sources for the 23 purchase of fuel are not reasonably accessible, the director 24 shall authorize the purchase of fuel from other sources. The 25 director may prescribe a manner, other than the use of the 26 revolving fund, in which the purchase of fuel from state-owned 27 sources is charged to the state agency responsible for the 28 use of the motor vehicle. The director shall prescribe the 29 manner in which oil and other normal motor vehicle maintenance 30 for state-owned motor vehicles may be purchased from private 31 sources, if they cannot be reasonably obtained from a state 32 motor pool. The director may advertise for bids and award 33 contracts in accordance with competitive bidding procedures 34 for items and services as provided in this subchapter for 35 -22- LSB 2818SV (4) 84 rn/tm 22/ 62
S.F. 540 furnishing fuel, oil, grease, and vehicle replacement parts for 1 all state-owned motor vehicles. The director and other state 2 agencies, when advertising for bids for gasoline, shall also 3 seek bids for ethanol blended gasoline. 4 Sec. 40. Section 8A.363, subsection 1, Code 2011, is amended 5 to read as follows: 6 1. A state officer or employee shall not use a state-owned 7 state-assigned motor vehicle for personal private use. A 8 state officer or employee shall not be compensated for driving 9 a privately owned motor vehicle unless it is done on state 10 business with the approval of the director. In that case 11 the state officer or employee shall receive an amount to be 12 determined by the director. The amount shall not exceed 13 the maximum allowable under the federal internal revenue 14 service rules per mile, notwithstanding established mileage 15 requirements or depreciation allowances. However, the director 16 may authorize private motor vehicle rates in excess of the 17 rate allowed under the federal internal revenue service rules 18 for state business use of substantially modified or specially 19 equipped privately owned vehicles required by persons with 20 disabilities. A statutory provision establishing reimbursement 21 for necessary mileage, travel, or actual expenses to a state 22 officer falls under the private motor vehicle mileage rate 23 limitation provided in this section unless specifically 24 provided otherwise. Any peace officer employed by the state 25 as defined in section 801.4 who is required to use a private 26 motor vehicle in the performance of official duties shall 27 receive the private vehicle mileage rate at the rate provided 28 in this section . However, the director may delegate authority 29 to officials of the state, and department heads, for the 30 use of private vehicles on state business up to a yearly 31 mileage figure established by the director. If a state motor 32 vehicle has been assigned to a state officer or employee, the 33 officer or employee shall not collect mileage for the use of a 34 privately owned motor vehicle unless the state motor vehicle 35 -23- LSB 2818SV (4) 84 rn/tm 23/ 62
S.F. 540 assigned is not usable. 1 Sec. 41. NEW SECTION . 8A.367 State-owned passenger vehicles 2 —— disposition and sale —— fleet privatization. 3 1. For purposes of this section, “passenger vehicles” 4 means United States environmental protection agency designated 5 compact sedans, compact wagon, midsize sedans, midsize wagons, 6 full-size sedans, and passenger minivans, and additional 7 vehicle classes determined by the department to be able to be 8 reasonably supported by a private entity for rental or leasing. 9 “Passenger vehicles” does not mean utility vehicles, vans other 10 than passenger minivans, fire trucks, ambulances, motor homes, 11 buses, medium-duty and heavy-duty trucks, heavy construction 12 equipment, and other highway maintenance vehicles, vehicles 13 assigned for law enforcement purposes, and any other classes of 14 vehicles of limited application approved by the director of the 15 department of administrative services. 16 2. On or before September 30, 2011, the department shall 17 implement a request for proposal process to enter into a 18 contract for the purpose of state passenger vehicle rental or 19 leasing from a private entity. Prior to awarding a contract, a 20 private entity shall demonstrate the following: 21 a. Existence of sufficient inventory of passenger vehicles 22 within this state to accommodate the needs of the state in 23 assigning passenger vehicles. 24 b. Existence of adequate personnel in any county within 25 the state where rental and leasing activity can be supported 26 to satisfy the terms of the contract in renting or leasing 27 state-assigned vehicles. 28 c. Existence of adequate personnel to facilitate the 29 sale and disposition of the existing state-owned passenger 30 vehicles returned to the department pursuant to subsection 3 or 31 otherwise under the control of the department. Notwithstanding 32 the provisions of section 8A.364 to the contrary, proceeds from 33 the sale of motor vehicles as provided by this subsection shall 34 be credited to the fund from which the motor vehicles were 35 -24- LSB 2818SV (4) 84 rn/tm 24/ 62
S.F. 540 purchased. 1 3. By March 1, 2012, the department shall award a vehicle 2 rental or leasing contract to a private entity, and shall 3 assign passenger vehicles for rental or lease pursuant to that 4 contract, to the extent the department determines doing so 5 would be economically feasible and financially advantageous. 6 By March 1, 2012, all state-assigned passenger vehicles 7 designated for use by multiple drivers, and located in any 8 county of this state which can support the operation of a 9 private entity for rental and leasing purposes, which the 10 department determines would be suitable for rental or leasing 11 shall be returned to the department for use and disposition as 12 provided in this section. 13 4. Notwithstanding any other provision of state law to the 14 contrary, a private entity awarded a contract pursuant to this 15 section shall not be required to indemnify or hold harmless the 16 state for any liability the state might have to any third party 17 due to the negligence of the state or any of its employees. 18 5. The department shall conduct an ongoing evaluation 19 regarding the economic advantages of renting or leasing 20 state-assigned vehicles versus state ownership of such 21 vehicles, and shall accordingly adjust the number of vehicles 22 subject to the rental and leasing contract pursuant to this 23 section at intervals specified in the contract. 24 Sec. 42. Section 8A.512, subsection 2, Code 2011, is amended 25 by striking the subsection. 26 Sec. 43. NEW SECTION . 8A.512A Executive branch employee 27 travel —— information and database. 28 1. The department shall develop and maintain the following: 29 a. An electronic travel authorization form to be used 30 for any executive branch employee’s out-of-state travel, 31 conference, or related expenditures associated with 32 the employee’s official duties. The electronic travel 33 authorization form shall include all of the following: 34 (1) The identification of the employee, the employee’s 35 -25- LSB 2818SV (4) 84 rn/tm 25/ 62
S.F. 540 title, and the employee’s department or agency. 1 (2) The travel departure point and destination point. 2 (3) The reason for the travel. 3 (4) The estimated reimbursable expenses. 4 (5) The date or dates upon which the travel is to occur. 5 b. A searchable database available on the department’s 6 internet site containing information related to all executive 7 branch employee travel that includes all of the following: 8 (1) The identification of the employee who engaged in the 9 travel, the employee’s department or agency, and the employee’s 10 title. 11 (2) The travel departure point and destination point. 12 (3) The reason for the travel. 13 (4) The actual amount of expenses reimbursed. 14 (5) The date or dates upon which the travel occurred. 15 c. Notwithstanding paragraph “b” of this subsection, the 16 searchable database shall not include information regarding 17 travel by officers and employees of the department of 18 public safety occurring in relation to or during the course 19 of criminal investigations, including but not limited to 20 undercover operations. 21 2. A claim for reimbursement for any out-of-state travel, 22 conference, or related expenditures shall only be allowed after 23 the occurrence of both of the following: 24 a. The electronic travel authorization form is approved by 25 the head of the employee’s department. 26 b. The request for reimbursement is submitted by the 27 employee on the appropriate form with required approvals. 28 3. For purposes of this section, “executive branch employee” 29 means an employee of the executive branch as defined in section 30 7E.2, other than a member or employee of the state board of 31 regents and institutions under the control of the state board 32 of regents. 33 Sec. 44. Section 22.3A, subsection 1, paragraph e, Code 34 2011, is amended to read as follows: 35 -26- LSB 2818SV (4) 84 rn/tm 26/ 62
S.F. 540 e. “Data processing software” means an ordered set of 1 instructions or statements that, when executed by a computer, 2 causes the computer to process data, and includes any program 3 or set of programs, procedures, or routines used to employ 4 and control capabilities of computer hardware. As used in 5 this paragraph “data processing software” includes but is not 6 limited to an operating system, compiler, assembler, utility, 7 library resource, maintenance routine, application, or computer 8 networking program , or the associated documentation . 9 Sec. 45. Section 80E.1, Code 2011, is amended to read as 10 follows: 11 80E.1 Drug policy coordinator. Duties. 12 1. A drug policy coordinator shall be appointed by the 13 governor, subject to confirmation by the senate, and shall 14 serve at the pleasure of the governor. The governor shall fill 15 a vacancy in the office in the same manner as the original 16 appointment was made. The coordinator shall be selected 17 primarily for administrative ability. The coordinator shall 18 not be selected on the basis of political affiliation and shall 19 not engage in political activity while holding the office. The 20 salary of the coordinator shall be fixed by the governor. 21 2. 1. The coordinator department of public safety, in 22 coordination with the Iowa department of public health, shall: 23 a. Direct the governor’s office of drug control policy, 24 and coordinate Coordinate and monitor all statewide narcotics 25 enforcement efforts, coordinate and monitor all state and 26 federal substance abuse treatment grants and programs, 27 coordinate and monitor all statewide substance abuse prevention 28 and education programs in communities and schools, and engage 29 in such other related activities as required by law. In 30 carrying out these responsibilities, the department shall 31 be primarily responsible for drug enforcement efforts and 32 activities, and the Iowa department of public health shall be 33 primarily responsible for drug abuse prevention and treatment 34 efforts and activities. The coordinator departments shall work 35 -27- LSB 2818SV (4) 84 rn/tm 27/ 62
S.F. 540 in coordinating the their efforts of the with the department of 1 corrections, the department of education, the Iowa department 2 of public health, the department of public safety, and the 3 department of human services. The coordinator departments 4 shall assist in the development and implementation of local and 5 community strategies to fight substance abuse, including local 6 law enforcement, education, and treatment activities. 7 b. Submit an annual report to the governor and general 8 assembly by November 1 of each year concerning the activities 9 and programs of the coordinator departments and other 10 departments related to drug enforcement, substance abuse 11 treatment programs, and substance abuse prevention and 12 education programs. The report shall include an assessment 13 of needs with respect to programs related to substance abuse 14 treatment and narcotics enforcement. 15 c. Submit an advisory budget recommendation to the governor 16 and general assembly concerning enforcement programs, treatment 17 programs, and education programs related to drugs within the 18 various departments. The coordinator departments shall work 19 with these departments in developing the departmental budget 20 requests to be submitted to the legislative services agency and 21 the general assembly. 22 Sec. 46. Section 80E.2, subsection 1, paragraphs a and e, 23 Code 2011, are amended to read as follows: 24 a. The drug policy coordinator commissioner , who shall serve 25 as chairperson of the council. 26 e. The A member jointly designated by the commissioner of 27 public safety , or the commissioner’s designee and the director 28 of the Iowa department of public health . 29 Sec. 47. Section 99D.14, subsection 2, Code 2011, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . c. Notwithstanding sections 8.60 and 99D.17, 32 the portion of the fee paid pursuant to paragraph “a” relating 33 to the costs of the commission, shall not be deposited in the 34 general fund of the state but instead shall be deposited into 35 -28- LSB 2818SV (4) 84 rn/tm 28/ 62
S.F. 540 the gaming regulatory revolving fund established in section 1 99F.20. 2 Sec. 48. Section 99F.10, subsection 4, Code 2011, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . c. Notwithstanding sections 8.60 and 99F.4, 5 the portion of the fee paid pursuant to paragraph “a” relating 6 to the costs of the commission, shall not be deposited in the 7 general fund of the state but instead shall be deposited into 8 the gaming regulatory revolving fund established in section 9 99F.20. 10 Sec. 49. NEW SECTION . 99F.20 Gaming regulatory revolving 11 fund. 12 1. A gaming regulatory revolving fund is created in 13 the state treasury under the control of the department of 14 inspections and appeals. The fund shall consist of fees 15 collected and deposited into the fund paid by licensees 16 pursuant to section 99D.14, subsection 2, paragraph “c” , and 17 fees paid by licensees pursuant to section 99F.10, subsection 18 4, paragraph “c” . All costs relating to racetrack, excursion 19 boat, and gambling structure regulation shall be paid from the 20 fund as provided in appropriations made for this purpose by 21 the general assembly. The department shall provide quarterly 22 reports to the department of management and the legislative 23 services agency specifying revenues billed and collected and 24 expenditures from the fund in a format as determined by the 25 department of management in consultation with the legislative 26 services agency. 27 2. To meet the department’s cash flow needs, the department 28 may temporarily use funds from the general fund of the state 29 to pay expenses in excess of moneys available in the revolving 30 fund if those additional expenditures are fully reimbursable 31 and the department reimburses the general fund of the state 32 and ensures all moneys are repaid in full by the close of the 33 fiscal year. Notwithstanding any provision to the contrary, 34 the department shall, to the fullest extent possible, make 35 -29- LSB 2818SV (4) 84 rn/tm 29/ 62
S.F. 540 an estimate of billings and make such billings as early as 1 possible in each fiscal year, so that the need for the use of 2 general fund moneys is minimized to the lowest extent possible. 3 Periodic billings shall be deemed sufficient to satisfy this 4 requirement. Because any general fund moneys used shall be 5 fully reimbursed, such temporary use of funds from the general 6 fund of the state shall not constitute an appropriation for 7 purposes of calculating the state general fund expenditure 8 limitation pursuant to section 8.54. 9 3. Section 8.33 does not apply to any moneys credited or 10 appropriated to the revolving fund from any other fund. 11 4. The establishment of the revolving fund pursuant to this 12 section shall not be interpreted in any manner to compromise 13 or impact the accountability of, or limit authority with 14 respect to, the department under state law. Any provision 15 applicable to, or responsibility of, the department shall not 16 be altered or impacted by the existence of the fund and shall 17 remain applicable to the same extent as if the department were 18 receiving moneys pursuant to a general fund appropriation. 19 The department shall comply with directions by the governor 20 to executive branch departments regarding restrictions on 21 out-of-state travel, hiring justifications, association 22 memberships, equipment purchases, consulting contracts, and 23 any other expenditure efficiencies that the governor deems 24 appropriate. 25 Sec. 50. Section 124.101, subsection 21, Code 2011, is 26 amended by striking the subsection. 27 Sec. 51. Section 124.212A, subsection 5, Code 2011, is 28 amended to read as follows: 29 5. Enter the purchaser’s name, address, date of purchase, 30 time of purchase, name of the pseudoephedrine product 31 purchased, and the quantity sold in the electronic logbook. If 32 the electronic logbook is unavailable, an alternative record 33 shall be kept that complies with the rules adopted by both the 34 office department and the board. 35 -30- LSB 2818SV (4) 84 rn/tm 30/ 62
S.F. 540 Sec. 52. Section 124.212B, subsections 1, 5, 8, and 9, Code 1 2011, are amended to read as follows: 2 1. The office department shall establish a real-time 3 electronic repository to monitor and control the sale of 4 schedule V products containing any detectable amount of 5 pseudoephedrine, its salts, or optical isomers, or salts 6 of optical isomers; ephedrine; or phenylpropanolamine. A 7 pharmacy dispensing such products shall report all such sales 8 electronically to a central repository under the control of the 9 office department . 10 5. If the electronic logbook is unavailable for use, a 11 paper record for each sale shall be maintained including 12 the purchaser’s signature. Any paper record maintained by 13 the pharmacy shall be provided to the office department for 14 inclusion in the electronic real-time central repository as 15 soon as practicable. 16 8. Both the office department and the board shall adopt 17 rules to administer this section . 18 9. The office department shall report to the board on 19 an annual basis, beginning January 1, 2010, regarding the 20 repository, including the effectiveness of the repository in 21 discovering unlawful sales of pseudoephedrine products. 22 Sec. 53. Section 124.212C, subsections 1, 2, and 4, Code 23 2011, are amended to read as follows: 24 1. The office department shall establish a pseudoephedrine 25 advisory council to provide input and advise the office 26 department regarding the implementation and maintenance of 27 the statewide real-time central repository established under 28 section 124.212B to monitor sales of pseudoephedrine. The 29 office department shall specify the duties, responsibilities, 30 and other related matters of the advisory council. 31 2. a. The council shall consist of four licensed 32 pharmacists. The office department shall solicit 33 recommendations for membership on the council from the Iowa 34 pharmacy association and Iowa retail federation, and shall 35 -31- LSB 2818SV (4) 84 rn/tm 31/ 62
S.F. 540 appoint members from the recommendations. The council shall 1 include a member from an independent pharmacy, a member from 2 a regional chain pharmacy, and a member from a national chain 3 pharmacy. The license of any member must be current and not 4 subject to disciplinary sanctions. 5 b. The council shall also consist of four members of the 6 general assembly serving as ex officio, nonvoting members, one 7 representative to be appointed by the speaker of the house of 8 representatives, one representative to be appointed by the 9 minority leader of the house of representatives, one senator 10 to be appointed by the majority leader of the senate after 11 consultation with the president of the senate, and one senator 12 to be appointed by the minority leader of the senate. 13 4. The council shall do the following: 14 a. Assist the office department in implementing and 15 maintaining the statewide real-time central repository 16 monitoring system. 17 b. Assist the office department in developing utilization 18 guidance related to the statewide real-time central repository 19 monitoring system and disseminating such guidance. 20 c. Assist the office department in developing guidelines 21 to ensure patient confidentiality and the integrity of the 22 relationship established by the patient and the patient’s 23 health care provider. 24 Sec. 54. Section 135.130, subsection 2, Code 2011, is 25 amended to read as follows: 26 2. A substance abuse treatment facility advisory council 27 is established within the department to advise and make 28 recommendations to the director regarding the establishment 29 and operation of a facility for persons with a substance 30 abuse problem who are on probation and to assist with the 31 implementation of treatment programs that are proven to 32 be effective for offenders. The substance abuse treatment 33 facility advisory council shall consist of the directors of the 34 eight judicial district departments of correctional services 35 -32- LSB 2818SV (4) 84 rn/tm 32/ 62
S.F. 540 and one representative each from the judicial branch, the Iowa 1 department of public health, the department of corrections, 2 and the governor’s office of drug control policy department of 3 public safety . 4 Sec. 55. Section 216A.132, subsection 1, Code 2011, is 5 amended to read as follows: 6 1. A criminal and juvenile justice planning advisory 7 council is established consisting of twenty-three members who 8 shall all reside in the state. 9 a. The governor shall appoint seven eight members each for 10 a four-year term beginning and ending as provided in section 11 69.19 and subject to confirmation by the senate as follows: 12 (1) Three persons, each of whom is a county supervisor, 13 county sheriff, mayor, nonsupervisory police officer, or a 14 chief of police of a department with less than eleven police 15 officers. 16 (2) Two persons who are knowledgeable about Iowa’s juvenile 17 justice system. 18 (3) One person Two persons who represents represent the 19 general public and is are not employed in any law enforcement, 20 judicial, or corrections capacity. 21 (4) One person who is either a crime victim, or who 22 represents a crime victim organization. 23 b. The departments of human services, corrections, and 24 public safety, the office on the status of African Americans, 25 the department of public health, the chairperson of the board 26 of parole, the attorney general, and the state public defender , 27 and the governor’s office of drug control policy shall each 28 designate a person to serve on the council. 29 c. The chief justice of the supreme court shall designate 30 one member who is a district judge and one member who is 31 either a district associate judge or associate juvenile judge. 32 The chairperson and ranking member of the senate committee 33 on judiciary shall be members. In alternating four-year 34 intervals, the chairperson and ranking member of the house 35 -33- LSB 2818SV (4) 84 rn/tm 33/ 62
S.F. 540 committee on judiciary or of the house committee on public 1 safety shall be members, with the chairperson and ranking 2 member of the house committee on public safety serving during 3 the initial interval. Nonlegislative members appointed 4 pursuant to this paragraph shall serve for four-year terms 5 beginning and ending as provided in section 69.19 unless the 6 member ceases to serve as a district court judge. 7 d. The Iowa county attorneys association shall designate a 8 person to serve on the council. 9 Sec. 56. Section 216A.140, subsection 5, Code 2011, is 10 amended to read as follows: 11 5. Membership. The youth development council membership 12 shall be determined by the council itself and shall include the 13 directors or chief administrators, or their designees, from the 14 following state agencies and programs: 15 a. Child advocacy board. 16 b. Iowa commission on volunteer service in the office of 17 the governor. 18 c. Department of education. 19 d. Department of human rights. 20 e. Department of human services. 21 f. Department of public health. 22 g. Department of public safety. 23 g. h. Department of workforce development. 24 h. Governor’s office of drug control policy. 25 i. Iowa cooperative extension service in agriculture and 26 home economics. 27 j. Early childhood Iowa office in the department of 28 management. 29 Sec. 57. Section 217.20, Code 2011, is amended by striking 30 the section. 31 Sec. 58. Section 249A.7, subsection 3, as amended by 2011 32 Iowa Acts, House File 389, section 1, is amended by striking 33 the subsection and inserting in lieu thereof the following: 34 3. a. A Medicaid fraud fund is created in the state 35 -34- LSB 2818SV (4) 84 rn/tm 34/ 62
S.F. 540 treasury under the authority of the department of inspections 1 and appeals. Moneys from penalties, investigative costs 2 recouped by the Medicaid fraud control unit, and other amounts 3 received as a result of prosecutions involving the department 4 of inspections and appeals investigations and audits to ensure 5 compliance with the medical assistance program that are not 6 credited to the program shall be credited to the fund. 7 b. Notwithstanding section 8.33, moneys credited to the 8 fund from any other account or fund shall not revert to the 9 other account or fund. Moneys in the fund shall only be used as 10 provided in appropriations from the fund and shall be used in 11 accordance with applicable laws, regulations, and the policies 12 of the office of inspector general of the United States 13 department of health and human services. 14 c. For the purposes of this subsection, “investigative 15 costs” means the reasonable value of a Medicaid fraud control 16 unit investigator’s, auditor’s or employee’s time, any moneys 17 expended by the Medicaid fraud control unit, and the reasonable 18 fair market value of resources used or expended by the Medicaid 19 fraud control unit in a case resulting in a criminal conviction 20 of a provider under this chapter or chapter 714 or 715A. 21 Sec. 59. Section 542.3, subsection 1, paragraph a, 22 subparagraph (3), Code 2011, is amended to read as follows: 23 (3) An examination of prospective financial information Any 24 engagement to be performed in accordance with the statements on 25 standards for attestation engagements. 26 Sec. 60. Section 546.12, Code 2011, is amended to read as 27 follows: 28 546.12 Department of commerce revolving fund. 29 1. A department of commerce revolving fund is created in 30 the state treasury. The fund shall consist of moneys collected 31 by the banking division; credit union division; utilities 32 division, including moneys collected on behalf of the office 33 of consumer advocate established in section 475A.3 ; and the 34 insurance division of the department; and deposited into an 35 -35- LSB 2818SV (4) 84 rn/tm 35/ 62
S.F. 540 account for that division or office within the fund on a 1 monthly basis. Except as otherwise provided by statute, all 2 costs for operating the office of consumer advocate and the 3 banking division, the credit union division, the utilities 4 division, and the insurance division of the department shall be 5 paid from the division’s accounts within the fund, subject to 6 appropriation by the general assembly. The insurance division 7 shall administer the fund and all other divisions shall work 8 with the insurance division to make sure the fund is properly 9 accounted and reported to the department of management and the 10 department of administrative services. The divisions shall 11 provide quarterly reports to the department of management 12 and the legislative services agency on revenues billed and 13 collected and expenditures from the fund in a format as 14 determined by the department of management in consultation with 15 the legislative services agency. 16 2. To meet cash flow needs for the office of consumer 17 advocate and the banking division, credit union division, 18 utilities division, or the insurance division of the 19 department, the administrative head of that division or 20 office may temporarily use funds from the general fund of the 21 state to pay expenses in excess of moneys available in the 22 revolving fund for that division or office if those additional 23 expenditures are fully reimbursable and the division or office 24 reimburses the general fund of the state and ensures all 25 moneys are repaid in full by the close of the fiscal year. 26 Notwithstanding any provision to the contrary, the divisions 27 shall, to the fullest extent possible, make an estimate 28 of billings and make such billings as early as possible in 29 each fiscal year, so that the need for the use of general 30 fund moneys is minimized to the lowest extent possible. 31 Periodic billings shall be deemed sufficient to satisfy this 32 requirement. Because any general fund moneys used shall be 33 fully reimbursed, such temporary use of funds from the general 34 fund of the state shall not constitute an appropriation for 35 -36- LSB 2818SV (4) 84 rn/tm 36/ 62
S.F. 540 purposes of calculating the state general fund expenditure 1 limitation pursuant to section 8.54 . 2 3. Section 8.33 does not apply to any moneys credited or 3 appropriated to the revolving fund from any other fund. 4 4. The establishment of the revolving fund pursuant 5 to this section shall not be interpreted in any manner to 6 compromise or impact the accountability of, or limit authority 7 with respect to, an agency or entity under state law. Any 8 provision applicable to, or responsibility of, a division or 9 office collecting moneys for deposit into the fund established 10 pursuant to this section shall not be altered or impacted by 11 the existence of the fund and shall remain applicable to the 12 same extent as if the division or office were receiving moneys 13 pursuant to a general fund appropriation. Appropriations from 14 the revolving fund shall not be subject to the provisions of 15 section 8.31, subsection 5. The divisions of the department 16 of commerce shall comply with directions by the governor 17 to executive branch departments regarding restrictions on 18 out-of-state travel, hiring justifications, association 19 memberships, equipment purchases, consulting contracts, and 20 any other expenditure efficiencies that the governor deems 21 appropriate. 22 Sec. 61. Section 602.8108, subsection 4, Code 2011, is 23 amended to read as follows: 24 4. The clerk of the district court shall remit all moneys 25 collected from the drug abuse resistance education surcharge 26 provided in section 911.2 to the state court administrator 27 for deposit in the general fund of the state and the amount 28 deposited is appropriated to the governor’s office of drug 29 control policy department of public safety for use by the drug 30 abuse resistance education program and other programs directed 31 for a similar purpose. 32 Sec. 62. Section 715C.2, subsection 1, Code 2011, is amended 33 to read as follows: 34 1. Any person who owns or licenses computerized data that 35 -37- LSB 2818SV (4) 84 rn/tm 37/ 62
S.F. 540 includes a consumer’s personal information that is used in 1 the course of the person’s business, vocation, occupation, 2 or volunteer activities and that was subject to a breach 3 of security shall give notice of the breach of security 4 following discovery of such breach of security, or receipt 5 of notification under subsection 2 , to any consumer whose 6 personal information was included in the information that was 7 breached. The consumer notification shall be made in the most 8 expeditious manner possible and without unreasonable delay, 9 consistent with the legitimate needs of law enforcement as 10 provided in subsection 3 , and consistent with any measures 11 necessary to sufficiently determine contact information for 12 the affected consumers, determine the scope of the breach, and 13 restore the reasonable integrity, security, and confidentiality 14 of the data. A person required to provide notice of a breach 15 of security under this section shall also notify the attorney 16 general as to the timing, content, and distribution of the 17 notice to consumers and an approximate number of affected 18 consumers. 19 Sec. 63. Section 904.114, Code 2011, is amended to read as 20 follows: 21 904.114 Travel expenses. 22 The director, staff members, assistants, and employees, in 23 addition to salary, shall receive their necessary traveling 24 expenses by the nearest practicable route, when engaged in 25 the performance of official business. Permission shall not 26 be granted to any person to travel to another state except by 27 approval of the board and the executive council . 28 Sec. 64. 2009 Iowa Acts, chapter 169, section 4, subsection 29 2, is amended to read as follows: 30 2. From the moneys appropriated in this section, there 31 is transferred to the department of human rights two 32 hundred fifty thousand dollars for deposit in the individual 33 development account state match fund created in section 541A.7. 34 Notwithstanding other provisions to the contrary in section 35 -38- LSB 2818SV (4) 84 rn/tm 38/ 62
S.F. 540 541A.3, subsection 1, moneys appropriated to the individual 1 development account state match fund under this subsection 2 shall may be used to provide the state match to account holders 3 affected by a natural disaster occurring in 2008 for which the 4 president of the United States declared a disaster area, and 5 who have a household income that is equal to or less than three 6 hundred percent of the federal poverty level as defined by the 7 most recently revised poverty income guidelines published by 8 the United States department of health and human services. 9 Sec. 65. 2010 Iowa Acts, chapter 1193, section 29, is 10 amended to read as follows: 11 SEC. 29. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 12 INFORMATION TECHNOLOGY. 13 1. There is appropriated from the general fund of the state 14 to the department of administrative services for the fiscal 15 year beginning July 1, 2010, and ending June 30, 2011, the 16 following amount, or so much thereof as is necessary, to be 17 used for the purposes designated: 18 For implementing 2010 Iowa Acts, Senate File 2088, division 19 I, including salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 22 2. Notwithstanding section 8.33, moneys appropriated in 23 this section that remain unencumbered or unobligated at the 24 close of the fiscal year ending June 30, 2011, shall not revert 25 but shall remain available for expenditure for the purposes 26 designated until the close of the fiscal year ending June 30, 27 2012. 28 Sec. 66. 2011 Iowa Acts, House File 45, section 8, is 29 amended to read as follows: 30 SEC. 8. SALE OR LEASE OF IOWA COMMUNICATIONS NETWORK. The 31 Iowa telecommunications and technology commission shall 32 implement a request for proposals process to sell or lease 33 the Iowa communications network. The request for proposals 34 shall provide for the sale to be concluded or the lease 35 -39- LSB 2818SV (4) 84 rn/tm 39/ 62
S.F. 540 to commence during the fiscal year beginning July 1, 2011 1 2012 . The commission shall condition the sale or lease of 2 the Iowa communications network with terms that will allow 3 existing authorized users of the network to continue such 4 use at a lower overall long-term cost when compared to the 5 anticipated operation and maintenance costs if state ownership 6 and control were to continue. Public funds shall not be used 7 to secure the purchase of the network. The commission shall 8 submit periodic status reports to the general assembly at 9 three-month intervals, beginning on October 1, 2011, regarding 10 progress made toward selling or leasing the network. The prior 11 authorization and approval requirements specified in section 12 8D.12 shall be complied with prior to a sale or lease of the 13 network pursuant to this section. 14 Sec. 67. REPEAL. 2009 Iowa Acts, chapter 179, section 146, 15 is repealed. 16 Sec. 68. CODE EDITOR DIRECTIVE. The Code editor is directed 17 to change the words “state-owned” to “state-assigned”, to the 18 extent not otherwise changed pursuant to this Act, in Code 19 sections 8A.362, 8A.363, 8A.364, and 8A.366. 20 Sec. 69. MEDICAID FRAUD FUND TRANSITION. 21 1. Unencumbered and unobligated moneys in and moneys 22 reverting to the Medicaid fraud account created in section 23 249A.7, Code 2011, on or after June 30, 2011, shall be credited 24 to the Medicaid fraud fund created in section 249A.7, by this 25 division of this Act. 26 2. The appropriations made from the Medicaid fraud account 27 for the fiscal years beginning July 1, 2011, and July 1, 2012, 28 shall instead be charged to the Medicaid fraud fund created in 29 section 249A.7, by this division of this Act. 30 3. This section of this Act, being deemed of immediate 31 importance, takes effect upon enactment, and, if this Act is 32 approved by the governor on or after July 1, 2011, subsection 1 33 of this section applies retroactively to June 30, 2011. 34 Sec. 70. EFFECTIVE UPON ENACTMENT. 35 -40- LSB 2818SV (4) 84 rn/tm 40/ 62
S.F. 540 1. The section of this division of this Act directing the 1 department of administrative services to disconnect electricity 2 to the heated sidewalk installed at the state capitol building, 3 being deemed of immediate importance, takes effect upon 4 enactment. 5 2. The section of this division of this Act providing 6 implementation provisions regarding leasing authority of 7 the department of administrative services, being deemed of 8 immediate importance, takes effect upon enactment. 9 3. The sections of this division of this Act relating to 10 executive branch employee travel and travel reimbursement 11 implementation, being deemed of immediate importance, take 12 effect upon enactment. 13 4. The section of this division of this Act relating to 14 nonreversion of moneys appropriated to the department of 15 administrative services for implementation of 2010 Iowa Acts, 16 chapter 1031, division I, being deemed of immediate importance, 17 takes effect upon enactment. 18 DIVISION II 19 FY 2012-2013 20 Sec. 71. DEPARTMENT OF ADMINISTRATIVE SERVICES. 21 1. There is appropriated from the general fund of the state 22 to the department of administrative services for the fiscal 23 year beginning July 1, 2012, and ending June 30, 2013, the 24 following amounts, or so much thereof as is necessary, to be 25 used for the purposes designated, and for not more than the 26 following full-time equivalent positions: 27 a. For salaries, support, maintenance, and miscellaneous 28 purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,010,172 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 84.18 31 b. For the payment of utility costs: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,352,230 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 34 Notwithstanding section 8.33, any excess funds appropriated 35 -41- LSB 2818SV (4) 84 rn/tm 41/ 62
S.F. 540 for utility costs in this lettered paragraph shall not revert 1 to the general fund of the state at the end of the fiscal year 2 but shall remain available for expenditure for the purposes of 3 this lettered paragraph during the succeeding fiscal year. 4 c. For Terrace Hill operations: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 202,957 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.88 7 d. For the I3 distribution account: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,638,973 9 e. For operations and maintenance of the Iowa building: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 497,768 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 12 2. Members of the general assembly serving as members of 13 the deferred compensation advisory board shall be entitled 14 to receive per diem and necessary travel and actual expenses 15 pursuant to section 2.10, subsection 5, while carrying out 16 their official duties as members of the board. 17 3. Any funds and premiums collected by the department for 18 workers’ compensation shall be segregated into a separate 19 workers’ compensation fund in the state treasury to be used 20 for payment of state employees’ workers’ compensation claims 21 and administrative costs. Notwithstanding section 8.33, 22 unencumbered or unobligated moneys remaining in this workers’ 23 compensation fund at the end of the fiscal year shall not 24 revert but shall be available for expenditure for purposes of 25 the fund for subsequent fiscal years. 26 Sec. 72. REVOLVING FUNDS. There is appropriated to the 27 department of administrative services for the fiscal year 28 beginning July 1, 2012, and ending June 30, 2013, from the 29 revolving funds designated in chapter 8A and from internal 30 service funds created by the department such amounts as the 31 department deems necessary for the operation of the department 32 consistent with the requirements of chapter 8A. 33 Sec. 73. FUNDING FOR IOWACCESS. 34 1. Notwithstanding section 321A.3, subsection 1, for the 35 -42- LSB 2818SV (4) 84 rn/tm 42/ 62
S.F. 540 fiscal year beginning July 1, 2012, and ending June 30, 2013, 1 the first $750,000 collected and transferred by the department 2 of transportation to the treasurer of state with respect to the 3 fees for transactions involving the furnishing of a certified 4 abstract of a vehicle operating record under section 321A.3, 5 subsection 1, shall be transferred to the IowAccess revolving 6 fund for the purposes of developing, implementing, maintaining, 7 and expanding electronic access to government records as 8 provided by law. 9 2. All fees collected with respect to transactions 10 involving IowAccess shall be deposited in the IowAccess 11 revolving fund and shall be used only for the support of 12 IowAccess projects. 13 Sec. 74. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION 14 CHARGE. For the fiscal year beginning July 1, 2012, and ending 15 June 30, 2013, the monthly per contract administrative charge 16 which may be assessed by the department of administrative 17 services shall be $2 per contract on all health insurance plans 18 administered by the department. 19 Sec. 75. AUDITOR OF STATE. 20 1. There is appropriated from the general fund of the 21 state to the office of the auditor of state for the fiscal 22 year beginning July 1, 2012, and ending June 30, 2013, subject 23 to subsection 3 of this section, the following amount, or so 24 much thereof as is necessary, to be used for the purposes 25 designated, and for not more than the following full-time 26 equivalent positions: 27 For salaries, support, maintenance, and miscellaneous 28 purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 407,461 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00 31 2. The auditor of state may retain additional full-time 32 equivalent positions as is reasonable and necessary to 33 perform governmental subdivision audits which are reimbursable 34 pursuant to section 11.20 or 11.21, to perform audits which are 35 -43- LSB 2818SV (4) 84 rn/tm 43/ 62
S.F. 540 requested by and reimbursable from the federal government, and 1 to perform work requested by and reimbursable from departments 2 or agencies pursuant to section 11.5A or 11.5B. The auditor 3 of state shall notify the department of management, the 4 legislative fiscal committee, and the legislative services 5 agency of the additional full-time equivalent positions 6 retained. 7 3. The auditor of state shall allocate resources from the 8 appropriation in this section solely for audit work related to 9 the comprehensive annual financial report, federally required 10 audits, and investigations of embezzlement, theft, or other 11 significant financial irregularities until the audit of the 12 comprehensive annual financial report is complete. 13 Sec. 76. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 14 is appropriated from the general fund of the state to the 15 Iowa ethics and campaign disclosure board for the fiscal year 16 beginning July 1, 2012, and ending June 30, 2013, the following 17 amount, or so much thereof as is necessary, for the purposes 18 designated: 19 For salaries, support, maintenance, and miscellaneous 20 purposes, and for not more than the following full-time 21 equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 24 Sec. 77. DEPARTMENT OF COMMERCE. 25 1. There is appropriated from the general fund of the 26 state to the department of commerce for the fiscal year 27 beginning July 1, 2012, and ending June 30, 2013, the following 28 amounts, or so much thereof as is necessary, for the purposes 29 designated: 30 a. ALCOHOLIC BEVERAGES DIVISION 31 (1) For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 610,196 35 -44- LSB 2818SV (4) 84 rn/tm 44/ 62
S.F. 540 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00 1 (2) Two of the full-time equivalent positions authorized 2 pursuant to subparagraph (1) shall be allocated for purposes 3 associated with the implementation of 2011 Iowa Acts, House 4 File 617. 5 b. PROFESSIONAL LICENSING AND REGULATION BUREAU 6 For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,177 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 11 2. There is appropriated from the department of commerce 12 revolving fund created in section 546.12 to the department of 13 commerce for the fiscal year beginning July 1, 2012, and ending 14 June 30, 2013, the following amounts, or so much thereof as is 15 necessary, for the purposes designated: 16 a. BANKING DIVISION 17 For salaries, support, maintenance, and miscellaneous 18 purposes, and for not more than the following full-time 19 equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,425,835 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 80.00 22 b. CREDIT UNION DIVISION 23 For salaries, support, maintenance, and miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 863,998 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 19.00 28 c. INSURANCE DIVISION 29 (1) For salaries, support, maintenance, and miscellaneous 30 purposes, and for not more than the following full-time 31 equivalent positions: 32 . . . . . . . . . . . . . . . . . . . .