Senate Study Bill 1210 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) A BILL FOR An Act relating to state and local finances by providing for 1 funding of property tax credits and reimbursements, by 2 making and adjusting appropriations, providing for salaries 3 and compensation of state employees, providing for matters 4 relating to tax credits, providing for fees and penalties, 5 providing for legal responsibilities, and providing for 6 properly related matters, and including effective date and 7 retroactive and other applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 2784XC (20) 84 tm/jp

S.F. _____ DIVISION I 1 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2012-2013 2 Section 1. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING 3 —— FY 2012-2013. Notwithstanding section 331.439, subsection 4 3, the allowed growth factor adjustment for county mental 5 health, mental retardation, and developmental disabilities 6 service expenditures for the fiscal year beginning July 7 1, 2012, shall be established by statute which shall be 8 enacted within thirty calendar days of the convening of the 9 Eighty-fourth General Assembly, 2012 Session, on January 9, 10 2012. The governor shall submit to the general assembly a 11 recommendation for such allowed growth factor adjustment and 12 the amounts of related appropriations to the general assembly 13 on or before January 9, 2012. 14 DIVISION II 15 STANDING APPROPRIATIONS AND RELATED MATTERS 16 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2012-2013. 17 1. For the budget process applicable to the fiscal year 18 beginning July 1, 2012, on or before October 1, 2011, in lieu 19 of the information specified in section 8.23, subsection 1 , 20 unnumbered paragraph 1, and paragraph “a”, all departments and 21 establishments of the government shall transmit to the director 22 of the department of management, on blanks to be furnished by 23 the director, estimates of their expenditure requirements, 24 including every proposed expenditure, for the ensuing fiscal 25 year, together with supporting data and explanations as called 26 for by the director of the department of management after 27 consultation with the legislative services agency. 28 2. The estimates of expenditure requirements shall be 29 in a form specified by the director of the department of 30 management, and the expenditure requirements shall include all 31 proposed expenditures and shall be prioritized by program or 32 the results to be achieved. The estimates shall be accompanied 33 by performance measures for evaluating the effectiveness of the 34 programs or results. 35 -1- LSB 2784XC (20) 84 tm/jp 1/ 43

S.F. _____ Sec. 3. LIMITATION OF STANDING APPROPRIATIONS. 1 Notwithstanding the standing appropriations in the following 2 designated sections for the fiscal year beginning July 1, 2011, 3 and ending June 30, 2012, the amounts appropriated from the 4 general fund of the state pursuant to these sections for the 5 following designated purposes shall not exceed the following 6 amounts: 7 1. For performance of duty by the executive council in 8 sections 7D.29, 8A.321, and 29C.20: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,712,105 10 2. For operational support grants and community cultural 11 grants under section 99F.11, subsection 3 , paragraph “d”, 12 subparagraph (1): 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 14 3. For regional tourism marketing under section 99F.11, 15 subsection 3 , paragraph “d”, subparagraph (2): 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 17 4. For the center for congenital and inherited disorders 18 central registry under section 144.13A, subsection 4 , paragraph 19 “a”: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 21 5. For primary and secondary child abuse prevention 22 programs under section 144.13A, subsection 4 , paragraph “a”: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 24 6. For programs for at-risk children under section 279.51 : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,493,891 26 The amount of any reduction in this subsection shall be 27 prorated among the programs specified in section 279.51, 28 subsection 1 , paragraphs “a”, “b”, and “c”. 29 7. For payment for nonpublic school transportation under 30 section 285.2 : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 32 If total approved claims for reimbursement for nonpublic 33 school pupil transportation exceed the amount appropriated in 34 accordance with this subsection, the department of education 35 -2- LSB 2784XC (20) 84 tm/jp 2/ 43

S.F. _____ shall prorate the amount of each approved claim. 1 8. For reimbursement for the homestead property tax credit 2 under section 425.1 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 4 9. For reimbursement for the family farm and agricultural 5 land tax credits under sections 425A.1 and 426.1 : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 7 10. For the enforcement of chapter 453D relating to tobacco 8 product manufacturers under section 453D.8 : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 10 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— FY 2011-2012. In 11 lieu of the appropriation provided in section 257.20, 12 subsection 2, the appropriation for the fiscal year 13 beginning July 1, 2011, and ending June 30, 2012, for paying 14 instructional support state aid under section 257.20 for fiscal 15 year 2011-2012 is zero. 16 Sec. 5. Section 256.30, unnumbered paragraph 1, Code 2011, 17 is amended by striking the unnumbered paragraph and inserting 18 in lieu thereof the following: 19 For each fiscal year there is appropriated from the 20 general fund of the state to the department the sum of one 21 hundred thousand dollars. The department shall distribute 22 the appropriation to the tribal council of the Sac and Fox 23 Indian settlement for expenses of educating American Indian 24 children residing in the Sac and Fox Indian settlement on 25 land held in trust by the secretary of the interior of the 26 United States in excess of federal moneys paid to the tribal 27 council for educating the American Indian children when moneys 28 are appropriated for that purpose. The tribal council shall 29 administer the moneys distributed pursuant to this section and 30 shall submit an annual report and other reports as required 31 by the department to the department on the expenditure of the 32 moneys. 33 Sec. 6. Section 257.35, Code 2011, is amended by adding the 34 following new subsection: 35 -3- LSB 2784XC (20) 84 tm/jp 3/ 43

S.F. _____ NEW SUBSECTION . 5A. Notwithstanding subsection 1, and in 1 addition to the reduction applicable pursuant to subsection 2 2, the state aid for area education agencies and the portion 3 of the combined district cost calculated for these agencies 4 for the fiscal year beginning July 1, 2011, and ending June 5 30, 2012, shall be reduced by the department of management by 6 ten million dollars. The reduction for each area education 7 agency shall be prorated based on the reduction that the agency 8 received in the fiscal year beginning July 1, 2003. 9 DIVISION III 10 SALARIES, COMPENSATION, AND RELATED MATTERS 11 Sec. 7. APPOINTED STATE OFFICERS. 12 1. The governor shall establish a salary for appointed 13 nonelected persons in the executive branch of state government 14 holding a position enumerated in and within the salary 15 ranges provided in 2008 Iowa Acts, chapter 1191, section 14, 16 by considering, among other items, the experience of the 17 individual in the position, changes in the duties of the 18 position, the incumbent’s performance of assigned duties, and 19 subordinates’ salaries. However, the attorney general shall 20 establish the salary for the consumer advocate, the chief 21 justice of the supreme court shall establish the salary for the 22 state court administrator, the ethics and campaign disclosure 23 board shall establish the salary of the executive director, and 24 the Iowa public broadcasting board shall establish the salary 25 of the administrator of the public broadcasting division of the 26 department of education, each within the salary range provided 27 in 2008 Iowa Acts, chapter 1191, section 14. 28 2. The governor, in establishing salaries as provided in 29 this section, shall take into consideration other employee 30 benefits which may be provided for an individual including but 31 not limited to housing. 32 3. A person whose salary is established pursuant to this 33 section and who is a full-time, year-round employee of the 34 state shall not receive any other remuneration from the state 35 -4- LSB 2784XC (20) 84 tm/jp 4/ 43

S.F. _____ or from any other source for the performance of that person’s 1 duties unless the additional remuneration is first approved by 2 the governor or authorized by law. However, this provision 3 does not exclude the reimbursement for necessary travel and 4 expenses incurred in the performance of duties or fringe 5 benefits normally provided to employees of the state. 6 Sec. 8. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The 7 various state departments, boards, commissions, councils, 8 and agencies, including the state board of regents, for 9 the fiscal year beginning July 1, 2011, and ending June 30, 10 2012, shall provide from available sources pay adjustments, 11 expense reimbursements, and related benefits to fully fund the 12 following: 13 1. The collective bargaining agreement negotiated pursuant 14 to chapter 20 for employees in the blue collar bargaining unit. 15 2. The collective bargaining agreement negotiated pursuant 16 to chapter 20 for employees in the public safety bargaining 17 unit. 18 3. The collective bargaining agreement negotiated pursuant 19 to chapter 20 for employees in the security bargaining unit. 20 4. The collective bargaining agreement negotiated pursuant 21 to chapter 20 for employees in the technical bargaining unit. 22 5. The collective bargaining agreement negotiated pursuant 23 to chapter 20 for employees in the professional fiscal and 24 staff bargaining unit. 25 6. The collective bargaining agreement negotiated pursuant 26 to chapter 20 for employees in the clerical bargaining unit. 27 7. The collective bargaining agreement negotiated pursuant 28 to chapter 20 for employees in the professional social services 29 bargaining unit. 30 8. The collective bargaining agreement negotiated pursuant 31 to chapter 20 for employees in the community-based corrections 32 bargaining unit. 33 9. The collective bargaining agreements negotiated 34 pursuant to chapter 20 for employees in the judicial branch of 35 -5- LSB 2784XC (20) 84 tm/jp 5/ 43

S.F. _____ government bargaining units. 1 10. The collective bargaining agreement negotiated pursuant 2 to chapter 20 for employees in the patient care bargaining 3 unit. 4 11. The collective bargaining agreement negotiated pursuant 5 to chapter 20 for employees in the science bargaining unit. 6 12. The collective bargaining agreement negotiated pursuant 7 to chapter 20 for employees in the university of northern Iowa 8 faculty bargaining unit. 9 13. The collective bargaining agreement negotiated pursuant 10 to chapter 20 for employees in the state university of Iowa 11 graduate student bargaining unit. 12 14. The collective bargaining agreement negotiated pursuant 13 to chapter 20 for employees in the state university of Iowa 14 hospital and clinics tertiary health care bargaining unit. 15 15. The annual pay adjustments, related benefits, and 16 expense reimbursements referred to in the sections of this 17 division of this Act addressing noncontract state and state 18 board of regents employees who are not covered by a collective 19 bargaining agreement. 20 Sec. 9. NONCONTRACT STATE EMPLOYEES —— GENERAL. 21 1. For the fiscal year beginning July 1, 2011: 22 a. The maximum and minimum salary levels of all pay plans 23 provided for in section 8A.413, subsection 3, as they exist for 24 the fiscal year ending June 30, 2011, shall not increase. 25 b. The pay plan for noncontract judicial branch employees 26 shall not be increased. 27 c. The pay plans for state employees who are exempt 28 from chapter 8A, subchapter IV, and who are included in the 29 department of administrative services’ centralized payroll 30 system shall not be increased, and any additional changes 31 in any executive branch pay plans shall be approved by the 32 governor. 33 2. This section does not apply to members of the general 34 assembly, board members, commission members, persons whose 35 -6- LSB 2784XC (20) 84 tm/jp 6/ 43

S.F. _____ salaries are set by the general assembly pursuant to this Act 1 or are set by the governor, or other persons designated in the 2 section of this division of this Act addressing appointed state 3 officers, employees designated under section 8A.412, subsection 4 5, and employees covered by 11 IAC 53.6(3). 5 3. The pay plans for the bargaining eligible employees of 6 the state shall not be increased, and any additional changes 7 in such executive branch pay plans shall be approved by the 8 governor. As used in this section, “bargaining eligible 9 employee” means an employee who is eligible to organize under 10 chapter 20, but has not done so. 11 4. The policies for implementation of this section shall be 12 approved by the governor. 13 Sec. 10. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 14 the fiscal year beginning July 1, 2011, and ending June 30, 15 2012, funds shall be provided from available sources of the 16 state board of regents for funding of collective bargaining 17 agreements for state board of regents employees covered by 18 such agreements and for the following state board of regents 19 employees not covered by a collective bargaining agreement: 20 1. Regents merit system employees and merit supervisory 21 employees. 22 2. Faculty members and professional and scientific 23 employees. 24 Sec. 11. BONUS PAY. For the fiscal year beginning July 25 1, 2011, and ending June 30, 2012, employees of the executive 26 branch, judicial branch, and legislative branch shall not 27 receive bonus pay unless otherwise authorized by law, required 28 pursuant to a contract of employment entered into before July 29 1, 2011, or required pursuant to a collective bargaining 30 agreement. This section does not apply to employees of the 31 state board of regents. For purposes of this section, “bonus 32 pay” means any additional remuneration provided an employee in 33 the form of a bonus, including but not limited to a retention 34 bonus, recruitment bonus, exceptional job performance pay, 35 -7- LSB 2784XC (20) 84 tm/jp 7/ 43

S.F. _____ extraordinary job performance pay, exceptional performance pay, 1 extraordinary duty pay, or extraordinary or special duty pay, 2 and any extra benefit not otherwise provided to other similarly 3 situated employees. 4 Sec. 12. SPECIAL FUNDS. For the fiscal year beginning July 5 1, 2011, and ending June 30, 2012, salary adjustments otherwise 6 provided for in this Act may be funded using departmental 7 revolving, trust, or special funds for which the general 8 assembly has established an operating budget, provided doing so 9 does not exceed the operating budget established by the general 10 assembly. 11 Sec. 13. FEDERAL FUNDS APPROPRIATED. For the fiscal year 12 beginning July 1, 2011, all federal grants to and the federal 13 receipts of the agencies affected by this division of this Act 14 which are received and may be expended for purposes of this 15 division of this Act are appropriated for those purposes and as 16 set forth in the federal grants or receipts. 17 Sec. 14. STATE TROOPER MEAL ALLOWANCE. For the fiscal 18 year beginning July 1, 2011, the sworn peace officers in the 19 department of public safety who are not covered by a collective 20 bargaining agreement negotiated pursuant to chapter 20 shall 21 receive the same per diem meal allowance as the sworn peace 22 officers in the department of public safety who are covered 23 by a collective bargaining agreement negotiated pursuant to 24 chapter 20. 25 Sec. 15. SALARY MODEL ADMINISTRATOR. The salary model 26 administrator shall work in conjunction with the legislative 27 services agency to maintain the state’s salary model used for 28 analyzing, comparing, and projecting state employee salary 29 and benefit information, including information relating to 30 employees of the state board of regents. The department of 31 revenue, the department of administrative services, the five 32 institutions under the jurisdiction of the state board of 33 regents, the judicial district departments of correctional 34 services, and the state department of transportation shall 35 -8- LSB 2784XC (20) 84 tm/jp 8/ 43

S.F. _____ provide salary data to the department of management and the 1 legislative services agency to operate the state’s salary 2 model. The format and frequency of provision of the salary 3 data shall be determined by the department of management and 4 the legislative services agency. The information shall be 5 used in collective bargaining processes under chapter 20 and 6 in calculating the funding needs contained within the annual 7 salary adjustment legislation. A state employee organization 8 as defined in section 20.3, subsection 4, may request 9 information produced by the model, but the information provided 10 shall not contain information attributable to individual 11 employees. 12 DIVISION IV 13 CORRECTIVE PROVISIONS 14 Sec. 16. Section 8.6, subsection 9A, as enacted by 2011 Iowa 15 Acts, House File 45, section 39, is amended to read as follows: 16 9A. Budget and tax rate databases. To develop and make 17 available to the public a searchable budget database and 18 internet site as required under chapter 8G, division subchapter 19 I , and to develop and make available to the public a searchable 20 tax rate database and internet site as required under chapter 21 8G, division subchapter II . 22 Sec. 17. Section 8.57E, subsection 3, paragraph a, as 23 enacted by 2011 Iowa Acts, Senate File 209, section 30, is 24 amended to read as follows: 25 a. Moneys in the taxpayer’s taxpayers trust fund may be 26 used for cash flow purposes during a fiscal year provided that 27 any moneys so allocated are returned to the fund by the end of 28 that fiscal year. 29 Sec. 18. Section 8G.13, as enacted by 2011 Iowa Acts, House 30 File 45, section 50, is amended to read as follows: 31 8G.13 Updating database. 32 To facilitate the department of management’s efforts in 33 creating and maintaining a searchable database of the taxes 34 identified in section 8G.12, subsection 3 1 , for all taxing 35 -9- LSB 2784XC (20) 84 tm/jp 9/ 43

S.F. _____ jurisdictions in the state, each taxing jurisdiction may 1 annually be required to report its tax rates to the department 2 of management or the department of revenue and shall report any 3 changes to its tax rates within thirty days of the change. 4 Sec. 19. Section 16.193, subsection 3, paragraph a, Code 5 2011, as amended by 2011 Iowa Acts, Senate File 475, section 6 11, is amended to read as follows: 7 a. During the term of the Iowa jobs program and Iowa jobs 8 II program, the Iowa finance authority shall collect data on 9 all of the projects approved for the program programs . The 10 department of management and the state agencies associated 11 with the projects shall assist the authority with the data 12 collection and in developing the report required by this 13 subsection . The authority shall report quarterly to the 14 governor and the general assembly concerning the data. 15 Sec. 20. Section 68A.401, subsection 4, Code 2011, as 16 amended by 2011 Iowa Acts, Senate File 475, section 17, is 17 amended to read as follows: 18 4. Political committees expressly advocating the 19 nomination, election, or defeat of candidates for both 20 federal office and any elected office created by law or the 21 Constitution of the State of Iowa shall file statements and 22 reports with the board in addition to any federal reports 23 required to be filed with the board. However, a political 24 committee that is registered and filing full disclosure 25 reports of all financial activities with the federal election 26 commission may file verified statements as provided in section 27 68B.201A 68A.201A . 28 Sec. 21. Section 139A.19, subsection 3, as enacted by 2011 29 Iowa Acts, House File 467, section 20, is amended to read as 30 follows: 31 3. This section does not preclude a hospital, clinic, other 32 health facility, or a health care provider from providing 33 notification to a care provider under circumstances in 34 which the hospital’s, clinic’s, other health facility’s, or 35 -10- LSB 2784XC (20) 84 tm/jp 10/ 43

S.F. _____ health care provider’s policy provides for notification of 1 the hospital’s, clinics clinic’s , other health facility’s, 2 or health care provider’s own employees of exposure to a 3 contagious or infectious disease that is not life-threatening 4 if the notice does not reveal a patient’s name, unless the 5 patient consents. 6 Sec. 22. Section 175.3, subsection 1, paragraph a, Code 7 2011, as amended by 2011 Iowa Acts, Senate File 429, section 1, 8 is amended to read as follows: 9 a. The agricultural development authority is established 10 within the department of agriculture and land stewardship. The 11 agency authority is constituted as a public instrumentality 12 and agency of the state exercising public and essential 13 governmental functions. 14 Sec. 23. Section 207.22, subsection 3, paragraph b, Code 15 2011, as amended by 2011 Iowa Acts, Senate File 475, section 16 47, is amended to read as follows: 17 b. Acquisition of coal refuse disposal sites and all 18 coal refuse thereon will serve the purposes of Tit. IV of 19 Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, 20 subch. IV, or that public ownership is desirable to meet 21 emergency situations and prevent recurrences of the adverse 22 effect of past coal mining practices. 23 Sec. 24. Section 232.71D, subsection 3, paragraph a, 24 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, House 25 File 562, section 3, is amended to read as follows: 26 Unless any of the circumstances listed in paragraph “b” are 27 applicable, cases to which any of the following circumstances 28 apply shall not be placed on in the central registry: 29 Sec. 25. Section 256.7, subsection 26, paragraph a, 30 subparagraph (1), as enacted by 2011 Iowa Acts, Senate File 31 453, section 1, is amended to read as follows: 32 (1) The rules establishing high school graduation 33 requirements shall authorize a school district or 34 accredited nonpublic school to consider that any student who 35 -11- LSB 2784XC (20) 84 tm/jp 11/ 43

S.F. _____ satisfactorily completes a high school-level unit of English 1 or language arts, mathematics, science, or social studies has 2 satisfactorily completed a unit of the high school graduation 3 requirements for that area as specified in this lettered 4 paragraph, and to shall authorize the school district or 5 accredited nonpublic school to issue high school credit for the 6 unit to the student. 7 Sec. 26. Section 327B.5, Code 2011, is amended to read as 8 follows: 9 327B.5 Penalty. 10 Any person violating the provisions of this chapter shall, 11 upon conviction, be subject to a scheduled fine as provided in 12 section 805.8A, subsection 13 , paragraphs paragraph “f” and “g” . 13 Sec. 27. Section 483A.24A, Code 2011, as amended by 2011 14 Iowa Acts, Senate File 194, section 10, is amended to read as 15 follows: 16 483A.24A License refunds —— military service. 17 Notwithstanding any provision of this chapter to the 18 contrary, a service member deployed for military service, both 19 as defined in section 29A.1, subsection 3 , shall receive a 20 refund of that portion of any license fee paid by the service 21 member representing the service member’s period of military 22 service. 23 Sec. 28. Section 501.101, subsection 01, as enacted by 2011 24 Iowa Acts, House File 348, section 7, is amended to read as 25 follows: 26 01. “Alternative voting method” means a method of voting 27 other than a written ballot, including voting by electronic, 28 telephonic, internet, or other means that reasonably allow 29 allows members the opportunity to vote. 30 Sec. 29. Section 501A.703, subsection 5, paragraph d, Code 31 2011, as amended by 2011 Iowa Acts, House File 348, section 19, 32 is amended to read as follows: 33 d. If the ballot of the member is received by the 34 cooperative on or before the date of the regular members’ 35 -12- LSB 2784XC (20) 84 tm/jp 12/ 43

S.F. _____ meeting or as otherwise prescribed for an alternative , voting 1 method, the ballot or alternative voting method shall be 2 accepted and counted as the vote of the absent member. 3 Sec. 30. Section 511.8, subsection 22, paragraph i, 4 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, Senate 5 File 406, section 25, is amended to read as follows: 6 Securities held in the legal reserve of a life insurance 7 company or association pledged as collateral for financial 8 instruments used in highly effective hedging transactions as 9 defined in the national association of insurance commissioners’ 10 Statement statement of Statutory Accounting Principles No. 11 statutory accounting principles no. 86 shall continue to 12 be eligible for inclusion on in the legal reserve of the 13 life insurance company or association subject to all of the 14 following: 15 Sec. 31. Section 514J.109, subsection 3, paragraph f, 16 if enacted by 2011 Iowa Acts, House File 597, section 9, is 17 amended to read as follows: 18 f. The covered person or the covered person’s authorized 19 representative has provided all the information and forms 20 required by the commissioner that are necessary to process an 21 external review request pursuant to this section. 22 Sec. 32. Section 521F.4, subsection 1, paragraph b, as 23 enacted by 2011 Iowa Acts, Senate File 406, section 44, is 24 amended to read as follows: 25 b. The filing of a risk-based capital report by a health 26 organization which indicates that the health organization has 27 total adjusted capital which is greater than or equal to its 28 company-action-level risk-based capital but less than the 29 product of its authorized-control-level risk-based capital and 30 three and triggers the trend test determined in accordance with 31 the trend test calculations calculation included in the health 32 risk-based capital instructions. 33 Sec. 33. Section 524.310, subsection 5, paragraph b, Code 34 2011, as amended by 2011 Iowa Acts, Senate File 475, section 35 -13- LSB 2784XC (20) 84 tm/jp 13/ 43

S.F. _____ 120, is amended to read as follows: 1 b. A corporate or company name reserved, registered, or 2 protected as provided in section 489.109, 490.402 , 490.403 , 3 490A.402 , 504.402 , or 504.403 . 4 Sec. 34. Section 717.3, subsection 5, paragraph b, Code 5 2011, as enacted by 2011 Iowa Acts, Senate File 478, section 6, 6 is amended to read as follows: 7 b. That the department shall assume supervision of and 8 provide for the sustenance of the livestock and as provided in 9 section 717.4. 10 Sec. 35. Section 717.4, subsection 2, as enacted by 2011 11 Iowa Acts, Senate File 478, section 7, is amended to read as 12 follows: 13 2. The court ordered lien shall be for the benefit of the 14 department. The amount of the lien shall not be not more than 15 for expenses incurred in providing sustenance to the livestock 16 pursuant to section 717.3 and providing for the disposition of 17 the livestock pursuant to section 717.5. 18 Sec. 36. Section 717.4A, as enacted by 2011 Iowa Acts, 19 Senate File 478, section 8, is amended to read as follows: 20 717.4A Livestock in immediate need of sustenance —— livestock 21 remediation fund. 22 The department may utilize the moneys deposited into the 23 livestock remediation fund pursuant to section 459.501 to pay 24 for any expenses associated with providing sustenance to or 25 the disposition of the livestock pursuant to a court order 26 entered pursuant to section 717.3 or 717.5. The department 27 shall utilize moneys from the fund only to the extent that 28 the department determines that expenses cannot be timely 29 paid by utilizing the available provisions of sections 717.4 30 and 717.5. The department shall deposit any unexpended and 31 unobligated moneys in the fund. The department shall pay to 32 the fund the proceeds from the disposition of the livestock and 33 associated products less expenses incurred by the department in 34 providing for the sustenance and disposition of the livestock, 35 -14- LSB 2784XC (20) 84 tm/jp 14/ 43

S.F. _____ as provided in section 717.5. 1 DIVISION V 2 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 3 Sec. 37. VISION SCREENING PROGRAM —— DEPARTMENT OF PUBLIC 4 HEALTH. There is appropriated from the general fund of the 5 state to the department of public health 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, to be used for the 8 purposes designated: 9 For a grant to a national affiliated volunteer eye 10 organization that has an established program for children and 11 adults and that is solely dedicated to preserving sight and 12 preventing blindness through education, nationally certified 13 vision screening and training, and community and patient 14 service programs: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 16 Sec. 38. APPROPRIATION —— FARMERS WITH DISABILITIES. There 17 is appropriated from the general fund of the state to the 18 department of agriculture and land stewardship for the fiscal 19 year beginning July 1, 2011, and ending June 30, 2012, the 20 following amount, or so much thereof as is necessary, for a 21 program for farmers with disabilities: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,000 23 The moneys appropriated in this section shall be used 24 for the public purpose of providing a grant to a national 25 nonprofit organization with over 80 years of experience in 26 assisting children and adults with disabilities and special 27 needs. The moneys shall be used to support a nationally 28 recognized program that began in 1986 and has been replicated 29 in at least 30 other states, but which is not available through 30 any other entity in this state, and that provides assistance 31 to farmers with disabilities in all 99 counties to allow the 32 farmers to remain in their own homes and be gainfully engaged 33 in farming through provision of agricultural worksite and home 34 modification consultations, peer support services, services 35 -15- LSB 2784XC (20) 84 tm/jp 15/ 43

S.F. _____ to families, information and referral, and equipment loan 1 services. Notwithstanding section 8.33, moneys appropriated 2 in this section that remain unencumbered or unobligated at the 3 close of the fiscal year shall not revert but shall remain 4 available for expenditure for the purposes designated until the 5 close of the succeeding fiscal year. 6 Sec. 39. APPROPRIATION —— BATTLESHIP IOWA, BB-61. 7 1. There is appropriated from the general fund of the state 8 to the department of cultural affairs for the fiscal year 9 beginning July 1, 2010, and ending June 30, 2011, the following 10 amount, or so much thereof as is necessary, to be credited to 11 the BB-61 fund created in 2010 Iowa Acts, chapter 1194: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 13 2. If the department of the navy, pursuant to a process 14 outlined in a notice published in the federal register on 15 May 24, 2010, volume 75, number 99, awards possession or 16 conditionally awards possession of the battleship Iowa, 17 BB-61, to a nonprofit group that is eligible to receive the 18 battleship, the department of cultural affairs shall award a 19 grant to the nonprofit group in an amount equal to $3 million 20 in addition to any moneys awarded as a grant from the BB-61 21 fund. 22 3. Notwithstanding section 8.33, moneys appropriated in 23 this section that remain unencumbered or unobligated at the 24 close of the fiscal year shall not revert but shall remain 25 available for expenditure for the purposes designated for 26 succeeding fiscal years. 27 Sec. 40. GROUP HOME GRANT. There is appropriated from the 28 general fund of the state to the Iowa finance authority for the 29 fiscal year beginning July 1, 2010, and ending June 30, 2011, 30 the following amount, or so much thereof as is necessary, to be 31 used for the purposes designated: 32 For a grant to a nonprofit organization providing 33 residential services for persons with an intellectual 34 disability at the intermediate care facility level and services 35 -16- LSB 2784XC (20) 84 tm/jp 16/ 43

S.F. _____ under the medical assistance program habilitation and brain 1 injury home and community-based services waivers, that is 2 located in and providing such services in a county with a 3 population between 90,000 and 95,000, according to the latest 4 certified federal census: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 6 The grant under this section shall be used for purchase or 7 remodeling costs to develop a group home for not more than four 8 individuals with intellectual disabilities or brain injury. 9 Sec. 41. INVESTIGATIONS DIVISION OF DEPARTMENT OF 10 INSPECTIONS AND APPEALS —— CONTINGENT FTE AUTHORIZATION. If 11 Senate File 313 or successor legislation providing for debt 12 setoff or other recovery activities for nonpayment of premiums 13 pursuant to section 249A.3, subsection 2, paragraph “a”, 14 subparagraph (1), relating to a special income eligibility 15 group under the Medicaid program, or pursuant to section 16 249J.8, subsection 1, relating to the expansion population 17 eligibility group under the IowaCare program, is enacted by 18 the Eighty-fourth General Assembly, 2011 Session, in addition 19 to other full-time equivalent positions authorized for the 20 investigations division of the department of inspections and 21 appeals for the fiscal year beginning July 1, 2011, not more 22 than 2.00 FTEs are authorized, to the extent funded through 23 moneys available to the department of human services, to 24 be used to implement such provisions of Senate File 313 or 25 successor legislation. 26 Sec. 42. SPECIAL EDUCATION INSTRUCTIONAL PROGRAM. If a 27 school district that is participating on a contractual basis 28 in a special education instructional program operated by an 29 area education agency, in which the area education agency 30 employed teachers on behalf of the school district at the time 31 the department of management calculated the teacher salary 32 supplement cost per pupil under section 257.10, subsection 33 9, the professional development supplement cost per pupil 34 under section 257.10, subsection 10, the area education agency 35 -17- LSB 2784XC (20) 84 tm/jp 17/ 43

S.F. _____ teacher salary supplement cost per pupil under section 257.37A, 1 subsection 1, and the area education agency professional 2 development supplement cost per pupil under section 257.37A, 3 subsection 2, for the fiscal year beginning July 1, 2009, 4 terminates the contract for participation in the special 5 education instructional program, the area education agency 6 operating the program shall notify the department of management 7 of the contract termination by the following April 1. The 8 department of management shall recalculate the cost per 9 pupil amounts for the area education agency and the school 10 district for the fiscal year succeeding the notification 11 date for the teacher salary supplement cost per pupil under 12 section 257.10, subsection 9, the professional development 13 supplement cost per pupil under section 257.10, subsection 14 10, the area education agency teacher salary supplement cost 15 per pupil under section 257.37A, subsection 1, and the area 16 education agency professional development supplement cost 17 per pupil under section 257.37A, subsection 2, by estimating 18 the amount of the original allocations used in the cost per 19 pupil calculation that would have been allocated to the school 20 district rather than the area education agency had the special 21 education instructional program not existed, and the department 22 of management shall increase the annual supplement cost per 23 pupil for the school district and area education agency by the 24 appropriate allowable growth for the appropriate fiscal years. 25 Sec. 43. TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF 26 CHILDREN. 27 1. A task force on the prevention of sexual abuse of 28 children is established consisting of the following members: 29 a. Four members of the general assembly serving as ex 30 officio, nonvoting members, with not more than one member from 31 each chamber being from the same political party. The two 32 senators shall be appointed, one each, by the majority leader 33 of the senate and by the minority leader of the senate. The two 34 representatives shall be appointed, one each, by the speaker of 35 -18- LSB 2784XC (20) 84 tm/jp 18/ 43