Senate Study Bill 1216 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) A BILL FOR An Act relating to an making appropriations to designated state 1 departments, agencies, funds, and certain other entities, 2 providing for regulatory authority, and other properly 3 related matters, and including effective date and contingent 4 retroactive applicability date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2818XC (13) 84 rn/tm
S.F. _____ 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 2818XC (13) 84 rn/tm 1/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 2/ 62
S.F. _____ for in section 8A.512A, if enacted, shall be developed on or 1 before July 1, 2011, and executive branch employees subject to 2 that section seeking reimbursement shall utilize the form on 3 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 2818XC (13) 84 rn/tm 3/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 4/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 5/ 62
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 2818XC (13) 84 rn/tm 6/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 7/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 8/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 9/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 10/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 11/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 12/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 13/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 14/ 62
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 2818XC (13) 84 rn/tm 15/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 16/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 17/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 18/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 19/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 20/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 21/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 22/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 23/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 24/ 62
S.F. _____ 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 reimbursable 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 2818XC (13) 84 rn/tm 25/ 62
S.F. _____ 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 travel, conference, or 22 related expenditures shall only be allowed after the occurrence 23 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 2818XC (13) 84 rn/tm 26/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 27/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 28/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 29/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 30/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 31/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 32/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 33/ 62
S.F. _____ 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 2818XC (13) 84 rn/tm 34/ 62
S.F. _____ 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 546.12, Code 2011, is amended to read as 22 follows: 23 546.12 Department of commerce revolving fund. 24 1. A department of commerce revolving fund is created in 25 the state treasury. The fund shall consist of moneys collected 26 by the banking division; credit union division; utilities 27 division, including moneys collected on behalf of the office 28 of consumer advocate established in section 475A.3 ; and the 29 insurance division of the department; and deposited into an 30 account for that division or office within the fund on a 31 monthly basis. Except as otherwise provided by statute, all 32 costs for operating the office of consumer advocate and the 33 banking division, the credit union division, the utilities 34 division, and the insurance division of the department shall be 35 -35- LSB 2818XC (13) 84 rn/tm 35/ 62
S.F. _____ paid from the division’s accounts within the fund, subject to 1 appropriation by the general assembly. The insurance division 2 shall administer the fund and all other divisions shall work 3 with the insurance division to make sure the fund is properly 4 accounted and reported to the department of management and the 5 department of administrative services. The divisions shall 6 provide quarterly reports to the department of management 7 and the legislative services agency on revenues billed and 8 collected and expenditures from the fund in a format as 9 determined by the department of management in consultation with 10 the legislative services agency. 11 2. To meet cash flow needs for the office of consumer 12 advocate and the banking division, credit union division, 13 utilities division, or the insurance division of the 14 department, the administrative head of that division or 15 office may temporarily use funds from the general fund of the 16 state to pay expenses in excess of moneys available in the 17 revolving fund for that division or office if those additional 18 expenditures are fully reimbursable and the division or office 19 reimburses the general fund of the state and ensures all 20 moneys are repaid in full by the close of the fiscal year. 21 Notwithstanding any provision to the contrary, the divisions 22 shall, to the fullest extent possible, make an estimate 23 of billings and make such billings as early as possible in 24 each fiscal year, so that the need for the use of general 25 fund moneys is minimized to the lowest extent possible. 26 Periodic billings shall be deemed sufficient to satisfy this 27 requirement. Because any general fund moneys used shall be 28 fully reimbursed, such temporary use of funds from the general 29 fund of the state shall not constitute an appropriation for 30 purposes of calculating the state general fund expenditure 31 limitation pursuant to section 8.54 . 32 3. Section 8.33 does not apply to any moneys credited or 33 appropriated to the revolving fund from any other fund. 34 4. The establishment of the revolving fund pursuant 35 -36- LSB 2818XC (13) 84 rn/tm 36/ 62
S.F. _____ to this section shall not be interpreted in any manner to 1 compromise or impact the accountability of, or limit authority 2 with respect to, an agency or entity under state law. Any 3 provision applicable to, or responsibility of, a division or 4 office collecting moneys for deposit into the fund established 5 pursuant to this section shall not be altered or impacted by 6 the existence of the fund and shall remain applicable to the 7 same extent as if the division or office were receiving moneys 8 pursuant to a general fund appropriation. Appropriations from 9 the revolving fund shall not be subject to the provisions of 10 section 8.31, subsection 5. The divisions of the department 11 of commerce shall comply with directions by the governor 12 to executive branch departments regarding restrictions on 13 out-of-state travel, hiring justifications, association 14 memberships, equipment purchases, consulting contracts, and 15 any other expenditure efficiencies that the governor deems 16 appropriate. 17 Sec. 60. Section 602.8108, subsection 4, Code 2011, is 18 amended to read as follows: 19 4. The clerk of the district court shall remit all moneys 20 collected from the drug abuse resistance education surcharge 21 provided in section 911.2 to the state court administrator 22 for deposit in the general fund of the state and the amount 23 deposited is appropriated to the governor’s office of drug 24 control policy department of public safety for use by the drug 25 abuse resistance education program and other programs directed 26 for a similar purpose. 27 Sec. 61. Section 715C.2, subsection 1, Code 2011, is amended 28 to read as follows: 29 1. Any person who owns or licenses computerized data that 30 includes a consumer’s personal information that is used in 31 the course of the person’s business, vocation, occupation, 32 or volunteer activities and that was subject to a breach 33 of security shall give notice of the breach of security 34 following discovery of such breach of security, or receipt 35 -37- LSB 2818XC (13) 84 rn/tm 37/ 62
S.F. _____ of notification under subsection 2 , to any consumer whose 1 personal information was included in the information that was 2 breached. The consumer notification shall be made in the most 3 expeditious manner possible and without unreasonable delay, 4 consistent with the legitimate needs of law enforcement as 5 provided in subsection 3 , and consistent with any measures 6 necessary to sufficiently determine contact information for 7 the affected consumers, determine the scope of the breach, and 8 restore the reasonable integrity, security, and confidentiality 9 of the data. A person required to provide notice of a breach 10 of security under this section shall also notify the attorney 11 general as to the timing, content, and distribution of the 12 notice to consumers and an approximate number of affected 13 consumers. 14 Sec. 62. Section 904.114, Code 2011, is amended to read as 15 follows: 16 904.114 Travel expenses. 17 The director, staff members, assistants, and employees, in 18 addition to salary, shall receive their necessary traveling 19 expenses by the nearest practicable route, when engaged in 20 the performance of official business. Permission shall not 21 be granted to any person to travel to another state except by 22 approval of the board and the executive council . 23 Sec. 63. 2009 Iowa Acts, chapter 169, section 4, subsection 24 2, is amended to read as follows: 25 2. From the moneys appropriated in this section, there 26 is transferred to the department of human rights two 27 hundred fifty thousand dollars for deposit in the individual 28 development account state match fund created in section 541A.7. 29 Notwithstanding other provisions to the contrary in section 30 541A.3, subsection 1, moneys appropriated to the individual 31 development account state match fund under this subsection 32 shall may be used to provide the state match to account holders 33 affected by a natural disaster occurring in 2008 for which the 34 president of the United States declared a disaster area, and 35 -38- LSB 2818XC (13) 84 rn/tm 38/ 62
S.F. _____ who have a household income that is equal to or less than three 1 hundred percent of the federal poverty level as defined by the 2 most recently revised poverty income guidelines published by 3 the United States department of health and human services. 4 Sec. 64. 2010 Iowa Acts, chapter 1193, section 29, is 5 amended to read as follows: 6 SEC. 29. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 7 INFORMATION TECHNOLOGY. 8 1. There is appropriated from the general fund of the state 9 to the department of administrative services for the fiscal 10 year beginning July 1, 2010, and ending June 30, 2011, the 11 following amount, or so much thereof as is necessary, to be 12 used for the purposes designated: 13 For implementing 2010 Iowa Acts, Senate File 2088, division 14 I, including salaries, support, maintenance, and miscellaneous 15 purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 17 2. Notwithstanding section 8.33, moneys appropriated in 18 this section that remain unencumbered or unobligated at the 19 close of the fiscal year ending June 30, 2011, shall not revert 20 but shall remain available for expenditure for the purposes 21 designated until the close of the fiscal year ending June 30, 22 2012. 23 Sec. 65. 2011 Iowa Acts, House File 45, section 8, is 24 amended to read as follows: 25 SEC. 8. SALE OR LEASE OF IOWA COMMUNICATIONS NETWORK. The 26 Iowa telecommunications and technology commission shall 27 implement a request for proposals process to sell or lease 28 the Iowa communications network. The request for proposals 29 shall provide for the sale to be concluded or the lease 30 to commence during the fiscal year beginning July 1, 2011 31 2012 . The commission shall condition the sale or lease of 32 the Iowa communications network with terms that will allow 33 existing authorized users of the network to continue such 34 use at a lower overall long-term cost when compared to the 35 -39- LSB 2818XC (13) 84 rn/tm 39/ 62
S.F. _____ anticipated operation and maintenance costs if state ownership 1 and control were to continue. Public funds shall not be used 2 to secure the purchase of the network. The commission shall 3 submit periodic status reports to the general assembly at 4 three-month intervals, beginning on October 1, 2011, regarding 5 progress made toward selling or leasing the network. The prior 6 authorization and approval requirements specified in section 7 8D.12 shall be complied with prior to a sale or lease of the 8 network pursuant to this section. 9 Sec. 66. REPEAL. 2009 Iowa Acts, chapter 179, section 146, 10 is repealed. 11 Sec. 67. CODE EDITOR DIRECTIVE. The Code editor is directed 12 to change the words “state-owned” to “state-assigned”, to the 13 extent not otherwise changed pursuant to this Act, in Code 14 sections 8A.362, 8A.363, 8A.364, and 8A.366. 15 Sec. 68. MEDICAID FRAUD FUND TRANSITION. 16 1. Unencumbered and unobligated moneys in and moneys 17 reverting to the Medicaid fraud account created in section 18 249A.7, Code 2011, on or after June 30, 2011, shall be credited 19 to the Medicaid fraud fund created in section 249A.7, by this 20 division of this Act. 21 2. The appropriations made from the Medicaid fraud account 22 for the fiscal years beginning July 1, 2011, and July 1, 2012, 23 shall instead be charged to the Medicaid fraud fund created in 24 section 249A.7, by this division of this Act. 25 3. This section of this Act, being deemed of immediate 26 importance, takes effect upon enactment, and, if this Act is 27 approved by the governor on or after July 1, 2011, subsection 1 28 of this section applies retroactively to June 30, 2011. 29 Sec. 69. EFFECTIVE UPON ENACTMENT. 30 1. The section of this division of this Act directing the 31 department of administrative services to disconnect electricity 32 to the heated sidewalk installed at the state capitol building, 33 being deemed of immediate importance, takes effect upon 34 enactment. 35 -40- LSB 2818XC (13) 84 rn/tm 40/ 62
S.F. _____ 2. The section of this division of this Act providing 1 implementation provisions regarding leasing authority of 2 the department of administrative services, being deemed of 3 immediate importance, takes effect upon enactment. 4 3. The sections of this division of this Act relating to 5 executive branch employee travel and travel reimbursement 6 implementation, being deemed of immediate importance, take 7 effect upon enactment. 8 4. The section of this division of this Act relating to 9 nonreversion of moneys appropriated to the department of 10 administrative services for implementation of 2010 Iowa Acts, 11 chapter 1031, division I, being deemed of immediate importance, 12 takes effect upon enactment. 13 DIVISION II 14 FY 2012-2013 15 Sec. 70. DEPARTMENT OF ADMINISTRATIVE SERVICES. 16 1. There is appropriated from the general fund of the state 17 to the department of administrative services for the fiscal 18 year beginning July 1, 2012, and ending June 30, 2013, the 19 following amounts, or so much thereof as is necessary, to be 20 used for the purposes designated, and for not more than the 21 following full-time equivalent positions: 22 a. For salaries, support, maintenance, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,010,172 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 84.18 26 b. For the payment of utility costs: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,352,230 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 29 Notwithstanding section 8.33, any excess funds appropriated 30 for utility costs in this lettered paragraph shall not revert 31 to the general fund of the state at the end of the fiscal year 32 but shall remain available for expenditure for the purposes of 33 this lettered paragraph during the succeeding fiscal year. 34 c. For Terrace Hill operations: 35 -41- LSB 2818XC (13) 84 rn/tm 41/ 62
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 202,957 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.88 2 d. For the I3 distribution account: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,638,973 4 e. For operations and maintenance of the Iowa building: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 497,768 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 7 2. Members of the general assembly serving as members of 8 the deferred compensation advisory board shall be entitled 9 to receive per diem and necessary travel and actual expenses 10 pursuant to section 2.10, subsection 5, while carrying out 11 their official duties as members of the board. 12 3. Any funds and premiums collected by the department for 13 workers’ compensation shall be segregated into a separate 14 workers’ compensation fund in the state treasury to be used 15 for payment of state employees’ workers’ compensation claims 16 and administrative costs. Notwithstanding section 8.33, 17 unencumbered or unobligated moneys remaining in this workers’ 18 compensation fund at the end of the fiscal year shall not 19 revert but shall be available for expenditure for purposes of 20 the fund for subsequent fiscal years. 21 Sec. 71. REVOLVING FUNDS. There is appropriated to the 22 department of administrative services for the fiscal year 23 beginning July 1, 2012, and ending June 30, 2013, from the 24 revolving funds designated in chapter 8A and from internal 25 service funds created by the department such amounts as the 26 department deems necessary for the operation of the department 27 consistent with the requirements of chapter 8A. 28 Sec. 72. FUNDING FOR IOWACCESS. 29 1. Notwithstanding section 321A.3, subsection 1, for the 30 fiscal year beginning July 1, 2012, and ending June 30, 2013, 31 the first $750,000 collected and transferred by the department 32 of transportation to the treasurer of state with respect to the 33 fees for transactions involving the furnishing of a certified 34 abstract of a vehicle operating record under section 321A.3, 35 -42- LSB 2818XC (13) 84 rn/tm 42/ 62
S.F. _____ subsection 1, shall be transferred to the IowAccess revolving 1 fund for the purposes of developing, implementing, maintaining, 2 and expanding electronic access to government records as 3 provided by law. 4 2. All fees collected with respect to transactions 5 involving IowAccess shall be deposited in the IowAccess 6 revolving fund and shall be used only for the support of 7 IowAccess projects. 8 Sec. 73. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION 9 CHARGE. For the fiscal year beginning July 1, 2012, and ending 10 June 30, 2013, the monthly per contract administrative charge 11 which may be assessed by the department of administrative 12 services shall be $2 per contract on all health insurance plans 13 administered by the department. 14 Sec. 74. AUDITOR OF STATE. 15 1. There is appropriated from the general fund of the 16 state to the office of the auditor of state for the fiscal 17 year beginning July 1, 2012, and ending June 30, 2013, subject 18 to subsection 3 of this section, the following amount, or so 19 much thereof as is necessary, to be used for the purposes 20 designated, and for not more than the following full-time 21 equivalent positions: 22 For salaries, support, maintenance, and miscellaneous 23 purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 407,461 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00 26 2. The auditor of state may retain additional full-time 27 equivalent positions as is reasonable and necessary to 28 perform governmental subdivision audits which are reimbursable 29 pursuant to section 11.20 or 11.21, to perform audits which are 30 requested by and reimbursable from the federal government, and 31 to perform work requested by and reimbursable from departments 32 or agencies pursuant to section 11.5A or 11.5B. The auditor 33 of state shall notify the department of management, the 34 legislative fiscal committee, and the legislative services 35 -43- LSB 2818XC (13) 84 rn/tm 43/ 62
S.F. _____ agency of the additional full-time equivalent positions 1 retained. 2 Sec. 75. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There 3 is appropriated from the general fund of the state to the 4 Iowa ethics and campaign disclosure board for the fiscal year 5 beginning July 1, 2012, and ending June 30, 2013, the following 6 amount, or so much thereof as is necessary, for the purposes 7 designated: 8 For salaries, support, maintenance, and miscellaneous 9 purposes, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 13 Sec. 76. DEPARTMENT OF COMMERCE. 14 1. There is appropriated from the general fund of the 15 state to the department of commerce for the fiscal year 16 beginning July 1, 2012, and ending June 30, 2013, the following 17 amounts, or so much thereof as is necessary, for the purposes 18 designated: 19 a. ALCOHOLIC BEVERAGES DIVISION 20 (1) For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 610,196 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00 25 (2) Two of the full-time equivalent positions authorized 26 pursuant to subparagraph (1) shall be allocated for purposes 27 associated with the implementation of 2011 Iowa Acts, House 28 File 617. 29 b. PROFESSIONAL LICENSING AND REGULATION BUREAU 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,177 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 35 -44- LSB 2818XC (13) 84 rn/tm 44/ 62
S.F. _____ 2. There is appropriated from the department of commerce 1 revolving fund created in section 546.12 to the department of 2 commerce for the fiscal year beginning July 1, 2012, and ending 3 June 30, 2013, the following amounts, or so much thereof as is 4 necessary, for the purposes designated: 5 a. BANKING DIVISION 6 For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,425,835 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 80.00 11 b. CREDIT UNION DIVISION 12 For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 863,998 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 19.00 17 c. INSURANCE DIVISION 18 (1) For salaries, support, maintenance, and miscellaneous 19 purposes, and for not more than the following full-time 20 equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,491,622 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 106.50 23 (2) The insurance division may reallocate authorized 24 full-time equivalent positions as necessary to respond to 25 accreditation recommendations or requirements. The insurance 26 division expenditures for examination purposes may exceed the 27 projected receipts, refunds, and reimbursements, estimated 28 pursuant to section 505.7, subsection 7, including the 29 expenditures for retention of additional personnel, if the 30 expenditures are fully reimbursable and the division first does 31 both of the following: 32 (a) Notifies the department of management, the legislative 33 services agency, and the legislative fiscal committee of the 34 need for the expenditures. 35 -45- LSB 2818XC (13) 84 rn/tm 45/ 62
S.F. _____ (b) Files with each of the entities named in subparagraph 1 division (a) the legislative and regulatory justification for 2 the expenditures, along with an estimate of the expenditures. 3 d. UTILITIES DIVISION 4 (1) For salaries, support, maintenance, and miscellaneous 5 purposes, and for not more than the following full-time 6 equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,086,535 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 79.00 9 (2) The utilities division may expend additional funds, 10 including funds for additional personnel, if those additional 11 expenditures are actual expenses which exceed the funds 12 budgeted for utility regulation and the expenditures are fully 13 reimbursable. Before the division expends or encumbers an 14 amount in excess of the funds budgeted for regulation, the 15 division shall first do both of the following: 16 (a) Notify the department of management, the legislative 17 services agency, and the legislative fiscal committee of the 18 need for the expenditures. 19 (b) File with each of the entities named in subparagraph 20 division (a) the legislative and regulatory justification for 21 the expenditures, along with an estimate of the expenditures. 22 (3) Notwithstanding sections 8.33 and 476.10 or any other 23 provisions to the contrary, any unencumbered or unobligated 24 balance of the appropriation made in this paragraph for the 25 utilities division or any other operational appropriation made 26 for the fiscal year beginning July 1, 2012, and ending June 27 30, 2013, that remains unused, unencumbered, or unobligated at 28 the close of the fiscal year shall not revert but shall remain 29 available to be used for purposes of the energy-efficient 30 building project authorized under section 476.10B, or for 31 relocation costs in succeeding fiscal years. 32 3. CHARGES. Each division and the office of consumer 33 advocate shall include in its charges assessed or revenues 34 generated an amount sufficient to cover the amount stated 35 -46- LSB 2818XC (13) 84 rn/tm 46/ 62
S.F. _____ in its appropriation and any state-assessed indirect costs 1 determined by the department of administrative services. 2 Sec. 77. DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING 3 AND REGULATION BUREAU. There is appropriated from the housing 4 trust fund of the Iowa finance authority created in section 5 16.181, to the bureau of professional licensing and regulation 6 of the banking division of the department of commerce for the 7 fiscal year beginning July 1, 2012, and ending June 30, 2013, 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: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,159 13 Sec. 78. GOVERNOR AND LIEUTENANT GOVERNOR. There is 14 appropriated from the general fund of the state to the offices 15 of the governor and the lieutenant governor for the fiscal year 16 beginning July 1, 2012, and ending June 30, 2013, the following 17 amounts, or so much thereof as is necessary, to be used for the 18 purposes designated: 19 For salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,149,534 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.88 23 Sec. 79. DEPARTMENT OF HUMAN RIGHTS. There is appropriated 24 from the general fund of the state to the department of human 25 rights for the fiscal year beginning July 1, 2012, and ending 26 June 30, 2013, the following amounts, or so much thereof as is 27 necessary, to be used for the purposes designated: 28 1. CENTRAL ADMINISTRATION DIVISION 29 For salaries, support, maintenance, and miscellaneous 30 purposes, and for not more than the following full-time 31 equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 103,052 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 34 2. COMMUNITY ADVOCACY AND SERVICES DIVISION 35 -47- LSB 2818XC (13) 84 rn/tm 47/ 62
S.F. _____ For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 528,396 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00 5 3. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 6 For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 536,946 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 11 The criminal and juvenile justice planning advisory council 12 and the juvenile justice advisory council shall coordinate 13 their efforts in carrying out their respective duties relative 14 to juvenile justice. 15 Sec. 80. DEPARTMENT OF INSPECTIONS AND APPEALS. There 16 is appropriated from the general fund of the state to the 17 department of inspections and appeals for the fiscal year 18 beginning July 1, 2012, and ending June 30, 2013, the following 19 amounts, or so much thereof as is necessary, for the purposes 20 designated: 21 1. ADMINISTRATION DIVISION 22 For salaries, support, maintenance, and miscellaneous 23 purposes, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 763,870 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.40 27 2. ADMINISTRATIVE HEARINGS DIVISION 28 For salaries, support, maintenance, and miscellaneous 29 purposes, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 276,987 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00 33 3. INVESTIGATIONS DIVISION 34 a. For salaries, support, maintenance, and miscellaneous 35 -48- LSB 2818XC (13) 84 rn/tm 48/ 62
S.F. _____ purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 584,320 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 58.50 4 b. The department, in coordination with the investigations 5 division, shall provide a report to the general assembly by 6 January 10, 2013, concerning the fiscal impact of additional 7 full-time equivalent positions on the department’s efforts 8 relative to the Medicaid divestiture program under chapter 9 249F. 10 4. HEALTH FACILITIES DIVISION 11 a. For salaries, support, maintenance, and miscellaneous 12 purposes, and for not more than the following full-time 13 equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,781,370 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 134.75 16 b. The department shall, in coordination with the health 17 facilities division, make the following information available 18 to the public in a timely manner, to include providing the 19 information on the department’s internet website, during the 20 fiscal year beginning July 1, 2012, and ending June 30, 2013: 21 (1) The number of inspections conducted by the division 22 annually by type of service provider and type of inspection. 23 (2) The total annual operations budget for the division, 24 including general fund appropriations and federal contract 25 dollars received by type of service provider inspected. 26 (3) The total number of full-time equivalent positions in 27 the division, to include the number of full-time equivalent 28 positions serving in a supervisory capacity, and serving as 29 surveyors, inspectors, or monitors in the field by type of 30 service provider inspected. 31 (4) Identification of state and federal survey trends, 32 cited regulations, the scope and severity of deficiencies 33 identified, and federal and state fines assessed and collected 34 concerning nursing and assisted living facilities and programs. 35 -49- LSB 2818XC (13) 84 rn/tm 49/ 62
S.F. _____ c. It is the intent of the general assembly that the 1 department and division continuously solicit input from 2 facilities regulated by the division to assess and improve 3 the division’s level of collaboration and to identify new 4 opportunities for cooperation. 5 5. EMPLOYMENT APPEAL BOARD 6 a. For salaries, support, maintenance, and miscellaneous 7 purposes, and for not more than the following full-time 8 equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,108 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 11 b. The employment appeal board shall be reimbursed by 12 the labor services division of the department of workforce 13 development for all costs associated with hearings conducted 14 under chapter 91C, related to contractor registration. The 15 board may expend, in addition to the amount appropriated under 16 this subsection, additional amounts as are directly billable 17 to the labor services division under this subsection and to 18 retain the additional full-time equivalent positions as needed 19 to conduct hearings required pursuant to chapter 91C. 20 6. CHILD ADVOCACY BOARD 21 a. For foster care review and the court appointed special 22 advocate program, including salaries, support, maintenance, and 23 miscellaneous purposes, and for not more than the following 24 full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,397,237 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.80 27 b. The department of human services, in coordination with 28 the child advocacy board and the department of inspections and 29 appeals, shall submit an application for funding available 30 pursuant to Tit. IV-E of the federal Social Security Act for 31 claims for child advocacy board administrative review costs. 32 c. The court appointed special advocate program shall 33 investigate and develop opportunities for expanding 34 fund-raising for the program. 35 -50- LSB 2818XC (13) 84 rn/tm 50/ 62
S.F. _____ d. Administrative costs charged by the department of 1 inspections and appeals for items funded under this subsection 2 shall not exceed 4 percent of the amount appropriated in this 3 subsection. 4 Sec. 81. DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL 5 CORPORATION FOOD INSPECTIONS. For the fiscal year beginning 6 July 1, 2012, and ending June 30, 2013, the department of 7 inspections and appeals shall retain any license fees generated 8 during the fiscal year as a result of actions under section 9 137F.3A occurring during the period beginning July 1, 2009, 10 and ending June 30, 2011, for the purpose of enforcing the 11 provisions of chapters 137C, 137D, and 137F. 12 Sec. 82. DEPARTMENT OF INSPECTIONS AND APPEALS —— 13 HEALTH CARE FACILITIES INSPECTIONS. Notwithstanding any 14 provision of section 135C.16 to the contrary, inspections of 15 health care facilities that are only state-licensed and not 16 certified under the Medicare or Medicaid programs shall not be 17 inspected by the department of inspections and appeals every 18 thirty months, but only as provided pursuant to sections 135C.9 19 and 135C.38. 20 Sec. 83. DEPARTMENT OF INSPECTIONS AND APPEALS —— GENERAL 21 SUPPORT —— MEDICAID FRAUD FUND APPROPRIATION. There is 22 appropriated from the Medicaid fraud fund created in section 23 249A.7 to the department of inspections and appeals for the 24 fiscal year beginning July 1, 2012, and ending June 30, 2013, 25 the following amount, or so much thereof as is necessary, to be 26 used for the purposes designated: 27 For additional health facility surveyors, compliance 28 officers, and residential care facility surveyors: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 325,000 30 Sec. 84. DEPARTMENT OF INSPECTIONS AND APPEALS —— STATE 31 MATCH REQUIREMENTS —— MEDICAID FRAUD FUND APPROPRIATION. There 32 is appropriated from the Medicaid fraud fund created in section 33 249A.7 to the department of inspections and appeals for the 34 fiscal year beginning July 1, 2012, and ending June 30, 2013, 35 -51- LSB 2818XC (13) 84 rn/tm 51/ 62
S.F. _____ the amounts necessary for the purposes designated: 1 1. To cover the cost of any state match to draw down 2 matching federal funds through the department of human services 3 for additional full-time equivalent positions for conducting 4 investigations of alleged fraud and overpayments of food 5 assistance benefits through electronic benefits transfer. 6 2. For the state financial match requirement for meeting 7 the federal mandates connected with the department’s Medicaid 8 fraud and abuse activities, and the amount necessary to cover 9 costs incurred by the department or other agencies in providing 10 regulation, responding to allegations, or other activity 11 involving chapter 135O. 12 Sec. 85. DEPARTMENT OF INSPECTIONS AND APPEALS 13 —— LEGISLATIVE IMPLEMENTATION —— MEDICAID FRAUD FUND 14 APPROPRIATION. There is appropriated from the Medicaid fraud 15 fund created in section 249A.7 to the department of inspections 16 and appeals for the fiscal year beginning July 1, 2012, and 17 ending June 30, 2013, the following amount, or so much thereof 18 as is necessary, to be used for the purposes designated: 19 For salaries, support, maintenance, miscellaneous purposes, 20 administration, and other costs associated with implementation 21 of 2010 Iowa Acts, chapter 1177: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 23 Sec. 86. RACING AND GAMING COMMISSION. 24 1. RACETRACK REGULATION 25 There is appropriated from the gaming regulatory revolving 26 fund established in section 99F.20 to the racing and gaming 27 commission of the department of inspections and appeals for the 28 fiscal year beginning July 1, 2012, and ending June 30, 2013, 29 the following amount, or so much thereof as is necessary, to be 30 used for the purposes designated: 31 For salaries, support, maintenance, and miscellaneous 32 purposes for the regulation of pari-mutuel racetracks, and for 33 not more than the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,255,720 35 -52- LSB 2818XC (13) 84 rn/tm 52/ 62
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.53 1 2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION 2 There is appropriated from the gaming regulatory revolving 3 fund established in section 99F.20 to the racing and gaming 4 commission of the department of inspections and appeals for the 5 fiscal year beginning July 1, 2012, and ending June 30, 2013, 6 the following amount, or so much thereof as is necessary, to be 7 used for the purposes designated: 8 For salaries, support, maintenance, and miscellaneous 9 purposes for administration and enforcement of the excursion 10 boat gambling and gambling structure laws, and for not more 11 than the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,539,050 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 44.22 14 Sec. 87. ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF 15 INSPECTIONS AND APPEALS. There is appropriated from the road 16 use tax fund created in section 312.1 to the administrative 17 hearings division of the department of inspections and appeals 18 for the fiscal year beginning July 1, 2012, and ending June 30, 19 2013, the following amount, or so much thereof as is necessary, 20 for the purposes designated: 21 For salaries, support, maintenance, and miscellaneous 22 purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 811,949 24 Sec. 88. DEPARTMENT OF MANAGEMENT. 25 1. There is appropriated from the general fund of the state 26 to the department of management for the fiscal year beginning 27 July 1, 2012, and ending June 30, 2013, the following amounts, 28 or so much thereof as is necessary, to be used for the purposes 29 designated: 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,211,999 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 35 -53- LSB 2818XC (13) 84 rn/tm 53/ 62
S.F. _____ 2. Of the moneys appropriated in this section, the 1 department shall use a portion for enterprise resource 2 planning, providing for a salary model administrator, 3 conducting performance audits, and for the department’s LEAN 4 process. 5 Sec. 89. ROAD USE TAX APPROPRIATION —— DEPARTMENT OF 6 MANAGEMENT. There is appropriated from the road use tax fund 7 created in section 312.1 to the department of management for 8 the fiscal year beginning July 1, 2012, and ending June 30, 9 2013, the following amount, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 For salaries, support, maintenance, and miscellaneous 12 purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,000 14 Sec. 90. DEPARTMENT OF REVENUE. 15 1. There is appropriated from the general fund of the state 16 to the department of revenue for the fiscal year beginning July 17 1, 2012, and ending June 30, 2013, the following amounts, or 18 so much thereof as is necessary, to be used for the purposes 19 designated: 20 For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,852,730 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 303.48 25 2. Of the funds appropriated pursuant to this section, 26 $400,000 shall be used to pay the direct costs of compliance 27 related to the collection and distribution of local sales and 28 services taxes imposed pursuant to chapters 423B and 423E. 29 3. The director of revenue shall prepare and issue a state 30 appraisal manual and the revisions to the state appraisal 31 manual as provided in section 421.17, subsection 17, without 32 cost to a city or county. 33 Sec. 91. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is 34 appropriated from the motor fuel tax fund created by section 35 -54- LSB 2818XC (13) 84 rn/tm 54/ 62
S.F. _____ 452A.77 to the department of revenue for the fiscal year 1 beginning July 1, 2012, and ending June 30, 2013, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purposes designated: 4 For salaries, support, maintenance, miscellaneous purposes, 5 and for administration and enforcement of the provisions of 6 chapter 452A and the motor vehicle use tax program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 652,888 8 Sec. 92. SECRETARY OF STATE. 9 1. There is appropriated from the general fund of the state 10 to the office of the secretary of state for the fiscal year 11 beginning July 1, 2012, and ending June 30, 2013, the following 12 amounts, or so much thereof as is necessary, to be used for the 13 purposes designated: 14 For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,430,293 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 45.00 19 2. The state department or state agency which provides 20 data processing services to support voter registration file 21 maintenance and storage shall provide those services without 22 charge. 23 Sec. 93. SECRETARY OF STATE FILING FEES REFUND. 24 Notwithstanding the obligation to collect fees pursuant to the 25 provisions of section 490.122, subsection 1, paragraphs “a” and 26 “s”, and section 504.113, subsection 1, paragraphs “a”, “c”, 27 “d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July 28 1, 2012, the secretary of state may refund these fees to the 29 filer pursuant to rules established by the secretary of state. 30 The decision of the secretary of state not to issue a refund 31 under rules established by the secretary of state is final and 32 not subject to review pursuant to chapter 17A. 33 Sec. 94. TREASURER. 34 1. There is appropriated from the general fund of the 35 -55- LSB 2818XC (13) 84 rn/tm 55/ 62
S.F. _____ state to the office of treasurer of state for the fiscal year 1 beginning July 1, 2012, and ending June 30, 2013, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purposes designated: 4 For salaries, support, maintenance, and miscellaneous 5 purposes, and for not more than the following full-time 6 equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 427,145 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.80 9 2. The office of treasurer of state shall supply clerical 10 and secretarial support for the executive council. 11 Sec. 95. ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER 12 OF STATE. There is appropriated from the road use tax fund 13 created in section 312.1 to the office of treasurer of state 14 for the fiscal year beginning July 1, 2012, and ending June 30, 15 2013, the following amount, or so much thereof as is necessary, 16 to be used for the purposes designated: 17 For enterprise resource management costs related to the 18 distribution of road use tax funds: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 46,574 20 Sec. 96. IPERS —— GENERAL OFFICE. There is appropriated 21 from the Iowa public employees’ retirement system fund to the 22 Iowa public employees’ retirement system for the fiscal year 23 beginning July 1, 2012, and ending June 30, 2013, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purposes designated: 26 For salaries, support, maintenance, and other operational 27 purposes to pay the costs of the Iowa public employees’ 28 retirement system, and for not more than the following 29 full-time equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,843,484 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 90.13 32 DIVISION III 33 CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY 34 Sec. 97. EFFECTIVE DATE AND RETROACTIVE 35 -56- LSB 2818XC (13) 84 rn/tm 56/ 62
S.F. _____ APPLICABILITY. Unless otherwise provided, this Act, if 1 approved by the governor on or after July 1, 2011, takes effect 2 upon enactment and applies retroactively to July 1, 2011. 3 EXPLANATION 4 ADMINISTRATION AND REGULATION —— FY 2011-2012. This 5 division of the bill relates to and appropriates moneys to 6 various state departments, agencies, and funds for the fiscal 7 year beginning July 1, 2011, and ending June 30, 2012. The 8 division makes appropriations to state departments and agencies 9 including the department of administrative services, auditor of 10 state, Iowa ethics and campaign disclosure board, department 11 of commerce, offices of governor and lieutenant governor, the 12 department of human rights, department of inspections and 13 appeals, department of management, department of revenue, 14 secretary of state, treasurer of state, and Iowa public 15 employees’ retirement system. 16 The division appropriates moneys from the IowAccess 17 revolving fund to the office of the secretary of state for 18 costs associated with decennial redistricting for the fiscal 19 year beginning July 1, 2011, and ending June 30, 2012. 20 The division directs the auditor of state to allocate 21 resources from amounts appropriated in the bill solely for 22 audit work related to the comprehensive annual financial 23 report, federally required audits, and investigations 24 of embezzlement, theft, or other significant financial 25 irregularities until the audit of the comprehensive annual 26 financial report is complete. 27 The division allocates a portion of moneys appropriated to 28 the alcoholic beverages division to establish and implement 29 a web-based alcohol compliance employee training program for 30 alcoholic beverage sales personnel. 31 The division provides for the nonreversion of moneys 32 previously appropriated for an energy-efficient building 33 project undertaken by the utilities division of the department 34 of commerce. 35 -57- LSB 2818XC (13) 84 rn/tm 57/ 62
S.F. _____ The division directs the department of administrative 1 services to disconnect electricity to the heated sidewalk 2 installed in the entry walkway on the East side of the state 3 capitol building, and not to reconnect the electricity without 4 the authorization of the general assembly. 5 The division eliminates provisions relating to state 6 purchases of recycled and soybean-based products, and reporting 7 requirements related thereto. 8 The division modifies provisions relating to the awarding 9 of state construction contracts to provide for disclosure 10 to the state agency awarding the contract the names of 11 all subcontractors and suppliers, and modifies related 12 requirements. 13 The division modifies a provision relating to the leasing of 14 building and office space by the department of administrative 15 services at the seat of government to refer to buildings 16 and office space wherever located throughout the state, and 17 provides that the director of the department shall develop 18 cooperative relationships with the state board of regents 19 in order to promote colocation of state agencies. The 20 division specifies implementation provisions relating to these 21 modifications. 22 The division requires the department of administrative 23 services to implement a request for proposals by September 30, 24 2011, to enter into a contract for the purpose of renting or 25 leasing state passenger vehicles, as defined in the division, 26 from a private entity with sufficient inventory and personnel 27 to accommodate the needs of the state. The division provides 28 that by March 1, 2012, the department shall award a contract 29 for rental or leasing to the private entity, and assign 30 passenger vehicles for rental or lease, to the extent the 31 department determines doing so would be economically feasible 32 and financially advantageous. If a contract is entered into, 33 the division states that all state-assigned passenger vehicles 34 located in any county which can support the operation of a 35 -58- LSB 2818XC (13) 84 rn/tm 58/ 62
S.F. _____ rental and leasing entity, which the department determines 1 would be suitable for rental or leasing, shall be returned to 2 the department for sale or disposal by the private entity. 3 The division absolves the private entity from liability to 4 a third party due to negligence on the part of the state 5 or its employees, and requires the department to evaluate 6 the economic advantages of state ownership versus rental or 7 leasing and adjust the number of vehicles subject to the 8 contract accordingly. The division makes conforming changes 9 consistent with these provisions, and eliminates Code section 10 8A.362, subsection 5, which requires that a minimum of 10 11 percent of new state-owned passenger vehicles and light pickup 12 trucks shall be equipped with engines which utilize specified 13 alternative methods of propulsion. 14 The division directs the department of administrative 15 services to develop and maintain an electronic travel 16 authorization form to be used for any executive branch 17 employee’s reimbursable travel, conference, or related 18 expenditures associated with the employee’s official duties, 19 and a searchable database available on the department’s 20 internet site containing specified travel-related information. 21 The division states that a claim for reimbursement for any 22 travel, conference, or related expenditures shall only be 23 allowed after the electronic travel authorization form is 24 approved by the head of the employee’s department, and the 25 request for reimbursement is submitted by the employee on the 26 appropriate form with required approvals. “Executive branch 27 employee” is defined as an employee of the executive branch as 28 defined in Code section 7D.2, other than a member or employee 29 of the state board of regents and institutions under the 30 control of the state board of regents. The division specifies 31 implementation provisions relating to these modifications. 32 The division adds to a definition of “data processing 33 software” contained in Code section 22.3A, subsection 1, 34 paragraph “e”, associated documentation in relation to an 35 -59- LSB 2818XC (13) 84 rn/tm 59/ 62
S.F. _____ operating system, compiler, assembler, utility, library 1 resource, maintenance routine, application, or computer 2 networking program. 3 The division eliminates the governor’s office of drug 4 control policy, transferring responsibilities in relation 5 thereto to the department of public safety, in conjunction with 6 the Iowa department of public health, and making conforming 7 changes consistent with this elimination. 8 The division adds to a provision relating to providing 9 notice of a breach of security contained in Code section 10 715C.2, subsection 1, that notice shall also be provided to the 11 attorney general as to the timing, content, and distribution of 12 the notice to consumers and an approximate number of affected 13 consumers. 14 The division establishes a new gaming regulatory revolving 15 fund in the state treasury under the control of the department 16 of inspections and appeals, consisting of fees collected and 17 deposited into the fund paid by pari-mutuel wagering licensees 18 pursuant to Code section 99D.14, subsection 2, paragraph 19 “b”, and fees paid by gambling boat and racetrack licensees 20 pursuant to Code section 99F.10, subsection 4, paragraph “b”. 21 The division specifies that all costs relating to racetrack, 22 excursion boat, and gambling structure regulation shall be 23 paid from the fund as provided in appropriations made for 24 this purpose by the general assembly. The division makes 25 conforming Code modifications consistent with this provision. 26 The division additionally provides reporting requirements 27 and billing estimate requirements regarding the revolving 28 fund, and states that the establishment of the revolving 29 fund shall not be interpreted in any manner to compromise or 30 impact the accountability of, and limitation of authority with 31 respect to, the department under state law. The bill adds 32 similar requirements in relation to the department of commerce 33 revolving fund established in Code section 546.12. 34 The division changes the Medicaid fraud account established 35 -60- LSB 2818XC (13) 84 rn/tm 60/ 62
S.F. _____ in Code section 249A.7 to the Medicaid fraud fund, provides 1 conforming and transition provisions, makes specified 2 appropriations from the fund, and provides specified immediate 3 effective and retroactive applicability provisions. 4 The division provides that moneys transferred pursuant to 5 2009 Iowa Acts, chapter 169, section 4, subsection 2, may, 6 rather than shall, be used to provide the state match to 7 individual account holders affected by a natural disaster 8 occurring in 2008 and declared a disaster area. 9 The division provides for the nonreversion of moneys 10 appropriated in 2010 Iowa Acts, Senate File 2088, division I, 11 until the close of the fiscal year ending June 30, 2012. 12 The division modifies provisions enacted in 2011 Iowa Acts, 13 House File 45, section 8, relating to the sale or lease of the 14 Iowa communications network, to extend the date by which the 15 sale is to be concluded or the lease commenced from during 16 the fiscal year beginning July 1, 2011, to July 1, 2012. The 17 division further specifies that a sale or lease shall not take 18 place without being authorized by the general assembly and 19 approved by the governor as specified in Code section 8D.12. 20 The division repeals a sunset provision enacted during 21 the 2009 legislative session applicable to the department of 22 commerce revolving fund established in Code section 546.12. 23 The sunset provision currently repeals the Code section 24 effective July 1, 2011. 25 The division provides that the sections of the division 26 relating to disconnecting electricity to the specified 27 Capitol building sidewalk, providing implementation provisions 28 regarding leasing authority of the department of administrative 29 services and executive branch employee travel and travel 30 reimbursement, and relating to nonreversion of moneys 31 appropriated to the department of administrative services for 32 implementation of 2010 Iowa Acts, chapter 1031, division I, 33 take effect upon enactment. 34 ADMINISTRATION AND REGULATION —— FY 2012-2013. This 35 -61- LSB 2818XC (13) 84 rn/tm 61/ 62
S.F. _____ division of the bill relates to and appropriates moneys to 1 various state departments, agencies, and funds for the fiscal 2 year beginning July 1, 2012, and ending June 30, 2013. The 3 division makes appropriations to state departments and agencies 4 including the department of administrative services, auditor of 5 state, Iowa ethics and campaign disclosure board, department 6 of commerce, offices of governor and lieutenant governor, the 7 department of human rights, department of inspections and 8 appeals, department of management, department of revenue, 9 secretary of state, treasurer of state, and Iowa public 10 employees’ retirement system. 11 CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. 12 Unless otherwise provided, the bill, if approved by the 13 governor on or after July 1, 2011, takes effect upon enactment 14 and applies retroactively to July 1, 2011. 15 -62- LSB 2818XC (13) 84 rn/tm 62/ 62