Senate Study Bill 1219 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) A BILL FOR An Act relating to the finances of state and local government 1 by providing for funding of property tax credits and 2 reimbursements, by making and adjusting appropriations, 3 providing for salaries and compensation of state employees, 4 providing for matters relating to tax credits, providing for 5 fees and penalties, providing for legal responsibilities, 6 and providing for properly related matters, and including 7 effective date and retroactive and other applicability 8 provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 2824XC (22) 84 tm/jp
S.F. _____ DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2011-2012 2 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2012-2013. 3 1. For the budget process applicable to the fiscal year 4 beginning July 1, 2012, on or before October 1, 2011, in lieu 5 of the information specified in section 8.23, subsection 1 , 6 unnumbered paragraph 1, and paragraph “a”, all departments and 7 establishments of the government shall transmit to the director 8 of the department of management, on blanks to be furnished by 9 the director, estimates of their expenditure requirements, 10 including every proposed expenditure, for the ensuing fiscal 11 year, together with supporting data and explanations as called 12 for by the director of the department of management after 13 consultation with the legislative services agency. 14 2. The estimates of expenditure requirements shall be 15 in a form specified by the director of the department of 16 management, and the expenditure requirements shall include all 17 proposed expenditures and shall be prioritized by program or 18 the results to be achieved. The estimates shall be accompanied 19 by performance measures for evaluating the effectiveness of the 20 programs or results. 21 Sec. 2. LIMITATION OF STANDING APPROPRIATIONS. 22 Notwithstanding the standing appropriations in the following 23 designated sections for the fiscal year beginning July 1, 2011, 24 and ending June 30, 2012, the amounts appropriated from the 25 general fund of the state pursuant to these sections for the 26 following designated purposes shall not exceed the following 27 amounts: 28 1. For operational support grants and community cultural 29 grants under section 99F.11, subsection 3 , paragraph “d”, 30 subparagraph (1): 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 32 2. For regional tourism marketing under section 99F.11, 33 subsection 3 , paragraph “d”, subparagraph (2): 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 35 -1- LSB 2824XC (22) 84 tm/jp 1/ 102
S.F. _____ 3. For the center for congenital and inherited disorders 1 central registry under section 144.13A, subsection 4 , paragraph 2 “a”: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 4 4. For primary and secondary child abuse prevention 5 programs under section 144.13A, subsection 4 , paragraph “a”: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 7 5. For programs for at-risk children under section 279.51 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,728,891 9 The amount of any reduction in this subsection shall be 10 prorated among the programs specified in section 279.51, 11 subsection 1 , paragraphs “a”, “b”, and “c”. 12 6. For payment for nonpublic school transportation under 13 section 285.2 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 15 If total approved claims for reimbursement for nonpublic 16 school pupil transportation exceed the amount appropriated in 17 accordance with this subsection, the department of education 18 shall prorate the amount of each approved claim. 19 7. For reimbursement for the homestead property tax credit 20 under section 425.1 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 22 8. For reimbursement for the family farm and agricultural 23 land tax credits under sections 425A.1 and 426.1 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 25 9. For the enforcement of chapter 453D relating to tobacco 26 product manufacturers under section 453D.8 : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 28 Sec. 3. INSTRUCTIONAL SUPPORT STATE AID —— FY 2011-2012. In 29 lieu of the appropriation provided in section 257.20, 30 subsection 2, the appropriation for the fiscal year 31 beginning July 1, 2011, and ending June 30, 2012, for paying 32 instructional support state aid under section 257.20 for fiscal 33 year 2011-2012 is zero. 34 Sec. 4. Section 256.30, unnumbered paragraph 1, Code 2011, 35 -2- LSB 2824XC (22) 84 tm/jp 2/ 102
S.F. _____ is amended by striking the unnumbered paragraph and inserting 1 in lieu thereof the following: 2 For the fiscal year beginning July 1, 2011, and ending 3 June 30, 2012, and for each succeeding fiscal year, there 4 is appropriated from the general fund of the state to the 5 department the sum of one hundred thousand dollars. The 6 department shall distribute the appropriation to the tribal 7 council of the Sac and Fox Indian settlement for expenses of 8 educating American Indian children residing in the Sac and Fox 9 Indian settlement on land held in trust by the secretary of 10 the interior of the United States in excess of federal moneys 11 paid to the tribal council for educating the American Indian 12 children when moneys are appropriated for that purpose. The 13 tribal council shall administer the moneys distributed pursuant 14 to this section and shall submit an annual report and other 15 reports as required by the department to the department on the 16 expenditure of the moneys. 17 Sec. 5. Section 257.35, Code 2011, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5A. Notwithstanding subsection 1, and in 20 addition to the reduction applicable pursuant to subsection 21 2, the state aid for area education agencies and the portion 22 of the combined district cost calculated for these agencies 23 for the fiscal year beginning July 1, 2011, and ending June 24 30, 2012, shall be reduced by the department of management by 25 twenty million dollars. The reduction for each area education 26 agency shall be prorated based on the reduction that the agency 27 received in the fiscal year beginning July 1, 2003. 28 DIVISION II 29 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2011-2012 30 Sec. 6. APPOINTED STATE OFFICERS. 31 1. The governor shall establish a salary for appointed 32 nonelected persons in the executive branch of state government 33 holding a position enumerated in and within the salary 34 ranges provided in 2008 Iowa Acts, chapter 1191, section 14, 35 -3- LSB 2824XC (22) 84 tm/jp 3/ 102
S.F. _____ by considering, among other items, the experience of the 1 individual in the position, changes in the duties of the 2 position, the incumbent’s performance of assigned duties, and 3 subordinates’ salaries. However, the attorney general shall 4 establish the salary for the consumer advocate, the chief 5 justice of the supreme court shall establish the salary for the 6 state court administrator, the ethics and campaign disclosure 7 board shall establish the salary of the executive director, and 8 the Iowa public broadcasting board shall establish the salary 9 of the administrator of the public broadcasting division of the 10 department of education, each within the salary range provided 11 in 2008 Iowa Acts, chapter 1191, section 14. 12 2. The governor, in establishing salaries as provided in 13 this section, shall take into consideration other employee 14 benefits which may be provided for an individual including but 15 not limited to housing. 16 3. A person whose salary is established pursuant to this 17 section and who is a full-time, year-round employee of the 18 state shall not receive any other remuneration from the state 19 or from any other source for the performance of that person’s 20 duties unless the additional remuneration is first approved by 21 the governor or authorized by law. However, this provision 22 does not exclude the reimbursement for necessary travel and 23 expenses incurred in the performance of duties or fringe 24 benefits normally provided to employees of the state. 25 Sec. 7. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The 26 various state departments, boards, commissions, councils, 27 and agencies, including the state board of regents, for 28 the fiscal year beginning July 1, 2011, and ending June 30, 29 2012, shall provide from available sources pay adjustments, 30 expense reimbursements, and related benefits to fully fund the 31 following: 32 1. The collective bargaining agreement negotiated pursuant 33 to chapter 20 for employees in the blue collar bargaining unit. 34 2. The collective bargaining agreement negotiated pursuant 35 -4- LSB 2824XC (22) 84 tm/jp 4/ 102
S.F. _____ to chapter 20 for employees in the public safety bargaining 1 unit. 2 3. The collective bargaining agreement negotiated pursuant 3 to chapter 20 for employees in the security bargaining unit. 4 4. The collective bargaining agreement negotiated pursuant 5 to chapter 20 for employees in the technical bargaining unit. 6 5. The collective bargaining agreement negotiated pursuant 7 to chapter 20 for employees in the professional fiscal and 8 staff bargaining unit. 9 6. The collective bargaining agreement negotiated pursuant 10 to chapter 20 for employees in the clerical bargaining unit. 11 7. The collective bargaining agreement negotiated pursuant 12 to chapter 20 for employees in the professional social services 13 bargaining unit. 14 8. The collective bargaining agreement negotiated pursuant 15 to chapter 20 for employees in the community-based corrections 16 bargaining unit. 17 9. The collective bargaining agreements negotiated 18 pursuant to chapter 20 for employees in the judicial branch of 19 government bargaining units. 20 10. The collective bargaining agreement negotiated pursuant 21 to chapter 20 for employees in the patient care bargaining 22 unit. 23 11. The collective bargaining agreement negotiated pursuant 24 to chapter 20 for employees in the science bargaining unit. 25 12. The collective bargaining agreement negotiated pursuant 26 to chapter 20 for employees in the university of northern Iowa 27 faculty bargaining unit. 28 13. The collective bargaining agreement negotiated pursuant 29 to chapter 20 for employees in the state university of Iowa 30 graduate student bargaining unit. 31 14. The collective bargaining agreement negotiated pursuant 32 to chapter 20 for employees in the state university of Iowa 33 hospital and clinics tertiary health care bargaining unit. 34 15. The annual pay adjustments, related benefits, and 35 -5- LSB 2824XC (22) 84 tm/jp 5/ 102
S.F. _____ expense reimbursements referred to in the sections of this 1 division of this Act addressing noncontract state and state 2 board of regents employees who are not covered by a collective 3 bargaining agreement. 4 Sec. 8. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 5 the fiscal year beginning July 1, 2011, and ending June 30, 6 2012, funds shall be provided from available sources of the 7 state board of regents for funding of collective bargaining 8 agreements for state board of regents employees covered by 9 such agreements and for the following state board of regents 10 employees not covered by a collective bargaining agreement: 11 1. Regents merit system employees and merit supervisory 12 employees. 13 2. Faculty members and professional and scientific 14 employees. 15 Sec. 9. BONUS PAY. For the fiscal year beginning July 1, 16 2011, and ending June 30, 2012, employees of the executive 17 branch, judicial branch, and legislative branch shall not 18 receive bonus pay unless otherwise authorized by law, required 19 pursuant to a contract of employment entered into before July 20 1, 2011, or required pursuant to a collective bargaining 21 agreement. This section does not apply to employees of the 22 state board of regents. For purposes of this section, “bonus 23 pay” means any additional remuneration provided an employee in 24 the form of a bonus, including but not limited to a retention 25 bonus, recruitment bonus, exceptional job performance pay, 26 extraordinary job performance pay, exceptional performance pay, 27 extraordinary duty pay, or extraordinary or special duty pay, 28 and any extra benefit not otherwise provided to other similarly 29 situated employees. 30 Sec. 10. STATE TROOPER MEAL ALLOWANCE. For the fiscal 31 year beginning July 1, 2011, the sworn peace officers in the 32 department of public safety who are not covered by a collective 33 bargaining agreement negotiated pursuant to chapter 20 shall 34 receive the same per diem meal allowance as the sworn peace 35 -6- LSB 2824XC (22) 84 tm/jp 6/ 102
S.F. _____ officers in the department of public safety who are covered 1 by a collective bargaining agreement negotiated pursuant to 2 chapter 20. 3 Sec. 11. SALARY MODEL ADMINISTRATOR. The salary model 4 administrator shall work in conjunction with the legislative 5 services agency to maintain the state’s salary model used for 6 analyzing, comparing, and projecting state employee salary 7 and benefit information, including information relating to 8 employees of the state board of regents. The department of 9 revenue, the department of administrative services, the five 10 institutions under the jurisdiction of the state board of 11 regents, the judicial district departments of correctional 12 services, and the state department of transportation shall 13 provide salary data to the department of management and the 14 legislative services agency to operate the state’s salary 15 model. The format and frequency of provision of the salary 16 data shall be determined by the department of management and 17 the legislative services agency. The information shall be 18 used in collective bargaining processes under chapter 20 and 19 in calculating the funding needs contained within the annual 20 salary adjustment legislation. A state employee organization 21 as defined in section 20.3, subsection 4, may request 22 information produced by the model, but the information provided 23 shall not contain information attributable to individual 24 employees. 25 DIVISION III 26 PERFORMANCE OF DUTY 27 Sec. 12. Section 7D.10, Code 2011, is amended to read as 28 follows: 29 7D.10 Court costs. 30 If sufficient funds for court costs have not been 31 appropriated to a state department, or if sufficient funds are 32 not otherwise available for such purposes within the budget 33 of a state department, the executive council may pay, out of 34 any money in the state treasury not otherwise appropriated, 35 -7- LSB 2824XC (22) 84 tm/jp 7/ 102
S.F. _____ authorize, in accordance with section 7D.29, payment of 1 the expenses incurred, or costs taxed to the state, in any 2 proceeding brought by or against any of the state departments 3 or in which the state is a party or is interested. This section 4 shall not be construed to authorize the payment of travel or 5 other personal expenses of state officers or employees. 6 Sec. 13. Section 7D.10A, as amended by 2011 Iowa Acts, 7 Senate File 478, section 11, as enacted, is amended to read as 8 follows: 9 7D.10A Allocation Payment to livestock remediation fund. 10 If moneys are not sufficient to support the livestock 11 remediation fund as provided in chapter 459, subchapter V , the 12 executive council may allocate from moneys in the general fund 13 of the state, which are not otherwise obligated or encumbered, 14 authorize as an expense subject to section 7D.29 the payment 15 of an amount to the livestock remediation fund as provided 16 under section 459.501 , subsection 5 . However, not more than a 17 total of one million dollars shall be allocated shall be paid 18 pursuant to this section to the livestock remediation fund at 19 any time. 20 Sec. 14. Section 7D.29, Code 2011, is amended to read as 21 follows: 22 7D.29 Performance of duty —— expense. 23 1. The executive council shall not employ others, or incur 24 authorize any expense, for the purpose of performing any duty 25 imposed upon the council when the duty may, without neglect 26 of their usual duties, be performed by the members, or by 27 their regular employees, but, subject to this limitation, the 28 council may incur authorize the necessary expense to perform or 29 cause to be performed any legal duty imposed on the council , 30 and pay the same out of any money in the state treasury not 31 otherwise appropriated . Such expenses authorized by the 32 executive council in accordance with this section shall be paid 33 as follows: 34 a. From the appropriation made from the Iowa economic 35 -8- LSB 2824XC (22) 84 tm/jp 8/ 102
S.F. _____ emergency fund in section 8.55 for purposes of paying the 1 expenses authorized by the executive council under this 2 section. 3 b. To the extent the appropriation from the Iowa economic 4 emergency fund described in paragraph “a” is insufficient to 5 pay the expenses authorized by the executive council under this 6 section, there is appropriated from moneys in the general fund 7 of the state not otherwise appropriated the amount necessary to 8 fund the insufficiency. 9 2. At least two weeks prior to the executive council’s 10 approval of a payment authorization under this section , 11 the secretary of the executive council shall notify the 12 legislative services agency that the authorization request 13 will be considered by the executive council and shall provide 14 background information justifying the request. 15 3. The executive council shall receive requests from the 16 Iowa department of public health relative to the purchase, 17 storing, and distribution of vaccines and medication for 18 prevention, prophylaxis, or treatment. Upon review and after 19 compliance with subsection 2 , the executive council may approve 20 the request and may incur authorize payment of the necessary 21 expense and pay the same out of any money in the state treasury 22 not otherwise appropriated . The expense authorized by the 23 executive council under this subsection shall be paid from the 24 appropriations referred to in subsection 1. 25 Sec. 15. Section 7D.30, Code 2011, is amended to read as 26 follows: 27 7D.30 Necessary record. 28 Before incurring authorizing any expense authorized by in 29 accordance with section 7D.29 , the executive council shall, 30 in each case, by resolution, entered upon its records, set 31 forth the necessity for incurring authorizing such expense, 32 the special fitness of the one employed to perform such work, 33 the definite rate of compensation or salary allowed, and the 34 total amount of money that may be expended. Compensation or 35 -9- LSB 2824XC (22) 84 tm/jp 9/ 102
S.F. _____ salary for personal services in such cases must be determined 1 by unanimous vote of all members of the council. 2 Sec. 16. Section 8.55, subsection 3, paragraph a, Code 2011, 3 is amended to read as follows: 4 a. Except as provided in paragraphs “b” , and “c” , and 5 “0d” , the moneys in the Iowa economic emergency fund shall 6 only be used pursuant to an appropriation made by the general 7 assembly. An appropriation shall only be made for the fiscal 8 year in which the appropriation is made. The moneys shall 9 only be appropriated by the general assembly for emergency 10 expenditures. 11 Sec. 17. Section 8.55, subsection 3, Code 2011, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . 0d. There is appropriated from the Iowa 14 economic emergency fund to the executive council an amount 15 sufficient to pay the expenses authorized by the executive 16 council in accordance with section 7D.29. 17 Sec. 18. Section 8A.321, subsection 4, Code 2011, is amended 18 to read as follows: 19 4. Contract, with the approval of the executive council, 20 for the repair, remodeling, or, if the condition warrants, 21 demolition of all buildings and grounds of the state at 22 the seat of government, at the state laboratories facility 23 in Ankeny, and the institutions of the department of human 24 services and the department of corrections for which no 25 specific appropriation has been made, if the cost of repair, 26 remodeling, or demolition will not exceed one hundred thousand 27 dollars when completed. The cost of repair projects for which 28 no specific appropriation has been made shall be paid from 29 the fund as an expense authorized by the executive council as 30 provided in section 7D.29 . 31 Sec. 19. Section 8A.321, subsection 6, paragraphs a and b, 32 Code 2011, are amended to read as follows: 33 a. Lease all buildings and office space necessary to 34 carry out the provisions of this subchapter or necessary for 35 -10- LSB 2824XC (22) 84 tm/jp 10/ 102
S.F. _____ the proper functioning of any state agency at the seat of 1 government. For state agencies at the seat of government, the 2 director may lease buildings and office space in Polk county 3 or in a county contiguous to Polk county. If no specific 4 appropriation has been made, the proposed lease shall be 5 submitted to the executive council for approval authorization 6 as an expense in accordance with section 7D.29 . The cost of 7 any lease for which no specific appropriation has been made 8 shall be paid from the fund provided in section 7D.29 . 9 b. When the general assembly is not in session, the 10 director may request moneys from the executive council for 11 moving state agencies located at the seat of government from 12 one location to another. The request may include moving 13 costs, telecommunications costs, repair costs, or any other 14 costs relating to the move. The executive council may approve 15 and shall pay the costs from funds authorize the expenses 16 as provided in section 7D.29 if it determines the agency or 17 department has no available does not have funds available for 18 these expenses. 19 Sec. 20. Section 11.32, as amended by 2011 Iowa Acts, 20 House File 536, section 26, as enacted, is amended to read as 21 follows: 22 11.32 Certified accountants employed. 23 Nothing in this chapter shall prohibit the auditor of state, 24 with the prior written permission of the state executive 25 council, from employing certified public accountants for 26 specific assignments. The auditor of state may employ such 27 accountants for any assignment now expressly reserved to the 28 auditor of state. Payments, after approval by the executive 29 council, will shall be made to the accountants so employed from 30 funds from which the auditor of state would have been paid had 31 the auditor of state performed the assignment, or if no such 32 specific funds are indicated not available , then payment will 33 be made from the funds of authorization of the expense by the 34 executive council shall be requested in accordance with section 35 -11- LSB 2824XC (22) 84 tm/jp 11/ 102
S.F. _____ 7D.29 . 1 Sec. 21. Section 13.3, subsection 2, Code 2011, is amended 2 to read as follows: 3 2. If the governor or a department is represented by an 4 attorney other than the attorney general in a court proceeding 5 as provided in this section , at the conclusion of the court 6 proceedings, the court shall review the fees charged to the 7 state to determine if the fees are fair and reasonable. The 8 executive council shall not reimburse authorize reimbursement 9 of attorney fees in excess of those determined by the court to 10 be fair and reasonable. 11 Sec. 22. Section 13.7, Code 2011, is amended to read as 12 follows: 13 13.7 Special counsel. 14 Compensation shall not be allowed to any person for services 15 as an attorney or counselor to an executive department of 16 the state government, or the head thereof of an executive 17 department of state government , or to a state board or 18 commission. However, the executive council may employ 19 legal assistance, at a reasonable compensation, authorized 20 as an expense under section 7D.29, in a pending action or 21 proceeding to protect the interests of the state, but only 22 upon a sufficient showing, in writing, made by the attorney 23 general, that the department of justice cannot for reasons 24 stated by the attorney general perform the service , which . 25 The reasons and action of the council shall be entered upon 26 its records. When If the attorney general determines that 27 the department of justice cannot perform legal service in an 28 action or proceeding, the executive council shall request the 29 department involved in the action or proceeding to recommend 30 legal counsel to represent the department. If the attorney 31 general concurs with the department that the person recommended 32 is qualified and suitable to represent the department, the 33 person recommended shall be employed. If the attorney general 34 does not concur in the recommendation, the department shall 35 -12- LSB 2824XC (22) 84 tm/jp 12/ 102
S.F. _____ submit a new recommendation. This section does not affect the 1 general counsel for the utilities board of the department of 2 commerce, the legal counsel of the department of workforce 3 development, or the general counsel for the property assessment 4 appeal board. 5 Sec. 23. Section 29A.27, unnumbered paragraph 8, Code 2011, 6 is amended to read as follows: 7 All payments herein provided for under this section shall 8 be paid on the approval of the adjutant general from the 9 contingent fund of the executive council created in section 10 29C.20 . 11 Sec. 24. Section 29C.8, subsection 3, paragraph f, 12 subparagraph (3), Code 2011, is amended to read as follows: 13 (3) Upon notification of a compensable loss to a member of 14 a homeland security and emergency management response team, the 15 department of administrative services shall process the claim 16 and seek funding authorization from the executive council for 17 to pay as an expense under section 7D.29 those costs associated 18 with covered benefits. 19 Sec. 25. Section 29C.20, subsection 1, paragraph a, 20 unnumbered paragraph 1, Code 2011, is amended to read as 21 follows: 22 A contingent fund is created in the state treasury for the 23 use of the executive council which . Funding for the contingent 24 fund shall be an authorized expense by the executive council 25 under section 7D.29. Moneys in the contingent fund may be 26 expended for the following purposes: 27 Sec. 26. Section 96.13, subsection 3, paragraph c, Code 28 2011, is amended to read as follows: 29 c. The department may appear before the executive council 30 and request funds authorization of moneys to meet unanticipated 31 emergencies as an expense under section 7D.29 . 32 Sec. 27. Section 135.143, subsection 5, Code 2011, is 33 amended to read as follows: 34 5. Upon notification of a compensable loss, the department 35 -13- LSB 2824XC (22) 84 tm/jp 13/ 102
S.F. _____ of administrative services shall seek funding authorization 1 from the executive council for to pay as an expense under 2 section 7D.29 those costs associated with covered workers’ 3 compensation benefits. 4 Sec. 28. Section 135.144, subsection 11, Code 2011, is 5 amended to read as follows: 6 11. If a public health disaster or other public health 7 emergency situation exists which poses an imminent threat 8 to the public health, safety, and welfare, the department, 9 in conjunction with the governor, may provide financial 10 assistance, from funds appropriated to the department that are 11 not otherwise encumbered, to political subdivisions as needed 12 to alleviate the disaster or the emergency. If the department 13 does not have sufficient unencumbered funds, the governor may 14 request that the executive council , pursuant to the authority 15 of section 7D.29 , commit sufficient funds, to authorize the 16 payment of up to one million dollars , that are not otherwise 17 encumbered from the general fund, as needed and available, for 18 as an expense under section 7D.29 to alleviate the disaster or 19 the emergency. If additional financial assistance is required 20 in excess of one million dollars, approval by the legislative 21 council is also required. 22 Sec. 29. Section 163.3A, subsection 4, paragraph b, Code 23 2011, is amended to read as follows: 24 b. The department shall provide and update a list of 25 the registered members of each emergency response team, 26 including the members’ names and identifying information, to 27 the department of administrative services. Upon notification 28 of a compensable loss suffered by a registered member, the 29 department of administrative services shall seek funding 30 authorization from the executive council for to pay as an 31 expense under section 7D.29 those costs associated with covered 32 benefits. 33 Sec. 30. Section 163.10, Code 2011, is amended to read as 34 follows: 35 -14- LSB 2824XC (22) 84 tm/jp 14/ 102
S.F. _____ 163.10 Quarantining or destroying animals. 1 The department may quarantine or destroy any animal exposed 2 to or afflicted with an infectious or contagious disease. 3 However, cattle exposed to or infected with tuberculosis shall 4 not be destroyed without the owner’s consent, unless there are 5 sufficient moneys to reimburse the owner for the cattle, which 6 may be paid from the appropriation as an expense authorized 7 under section 7D.29 as provided in section 163.15 , from moneys 8 in the brucellosis and tuberculosis eradication fund created 9 in section 165.18 , or from moneys made available by the United 10 States department of agriculture. 11 Sec. 31. Section 163.15, subsection 2, paragraph a, 12 subparagraph (3), Code 2011, is amended to read as follows: 13 (3) A claim for an indemnity by the owner and a claim for 14 compensation and expenses by the appraisers shall be filed with 15 the department and submitted by the secretary of agriculture 16 to the executive council for its approval or disapproval 17 authorization of payment of the claim as an expense under 18 section 7D.29 . 19 Sec. 32. Section 163.15, subsection 2, paragraph a, 20 subparagraph (4), Code 2011, is amended by striking the 21 subparagraph. 22 Sec. 33. Section 163.15, subsection 2, paragraph b, 23 unnumbered paragraph 1, Code 2011, is amended to read as 24 follows: 25 A formula established by rule adopted by the department that 26 is effective as determined by the department in accordance 27 with chapter 17A and applicable upon approval of the plan 28 program of eradication approved by the executive council. 29 The formula shall be applicable to indemnify owners if the 30 executive council, upon recommendation by the secretary of 31 agriculture, determines that an animal population in this state 32 is threatened with infection from an exceptionally contagious 33 disease. 34 Sec. 34. Section 163.15, subsection 2, paragraph b, 35 -15- LSB 2824XC (22) 84 tm/jp 15/ 102
S.F. _____ subparagraph (4), Code 2011, is amended to read as follows: 1 (4) Upon approval by the The executive council , there is 2 appropriated to the department from any moneys in the general 3 fund of the state not otherwise appropriated moneys sufficient 4 to carry out the may authorize payment under the provisions of 5 this paragraph “b” as an expense under section 7D.29 . 6 Sec. 35. Section 307.45, subsection 3, Code 2011, is amended 7 to read as follows: 8 3. Assessments against property owned by the state and 9 not under the jurisdiction and control of the department’s 10 administrator of highways shall be made in the same manner 11 as those made against private property and payment shall 12 be made paid as an expense under section 7D.29, subject to 13 authorization by the executive council from any funds of the 14 state not otherwise appropriated . 15 Sec. 36. Section 384.56, subsection 1, Code 2011, is amended 16 to read as follows: 17 1. Cities may assess the cost of a public improvement which 18 extends through, abuts upon, or is adjacent to lands owned by 19 the state, and the executive council shall pay payment for the 20 assessable portion of the cost of the improvement through or 21 along the lands as provided shall be subject to authorization 22 by the executive council as an expense under section 7D.29 . 23 The executive council shall pay assessments as and payable in 24 the manner provided in section 307.45 for property owned by the 25 state and not under the jurisdiction and control of the state 26 department of transportation . 27 Sec. 37. Section 459.501, subsection 5, as amended by 2011 28 Iowa Acts, Senate File 478, section 1, as enacted, is amended 29 to read as follows: 30 5. The following shall apply to moneys in the fund: 31 a. (1) The executive council may allocate moneys from the 32 general fund of the state as authorize payment of moneys as 33 an expense under section 7D.29 and in the manner provided in 34 section 7D.10A in an amount necessary to support the fund, 35 -16- LSB 2824XC (22) 84 tm/jp 16/ 102
S.F. _____ including the following: 1 (a) The payment of claims as provided in section 459.505 . 2 (b) The allocation of moneys to the department of 3 agriculture and land stewardship for the payment of expenses 4 incurred by the department of agriculture and land stewardship 5 associated with providing for the sustenance and disposition of 6 livestock pursuant to chapter 717 . 7 (2) Notwithstanding subparagraph (1), the allocation of 8 moneys from the general fund of the state executive council’s 9 authorization for payment shall be made provided only if the 10 amount of moneys in the fund, which are not obligated or 11 encumbered, and not counting the department’s estimate of the 12 cost to the fund for pending or unsettled claims, the amount 13 to be allocated to the department of agriculture and land 14 stewardship, and any amount required to be credited to the 15 general fund of the state under this subsection , is less than 16 one million dollars. 17 b. The department of natural resources shall credit an 18 amount to the general fund of the state from which the expense 19 authorized by the executive council as provided in paragraph 20 “a” was appropriated which is equal to an amount allocated to 21 support the livestock remediation fund by the executive council 22 under paragraph “a” . The However, the department shall only be 23 required to credit the moneys to the general such fund of the 24 state if the moneys in the livestock remediation fund which are 25 not obligated or encumbered, and not counting the department’s 26 estimate of the cost to the livestock remediation fund for 27 pending or unsettled claims, the amount to be allocated to the 28 department of agriculture and land stewardship, and any amount 29 required to be transferred to the general fund under from which 30 appropriated as described in this paragraph, are in excess of 31 two million five hundred thousand dollars. The department is 32 not required to credit the total amount to the general fund 33 of the state from which appropriated as described in this 34 paragraph during any one fiscal year. 35 -17- LSB 2824XC (22) 84 tm/jp 17/ 102
S.F. _____ Sec. 38. Section 468.43, unnumbered paragraph 4, Code 2011, 1 is amended to read as follows: 2 The assessments against lands under the jurisdiction of the 3 department of natural resources shall be paid as an expense 4 under section 7D.29, if authorized by the executive council 5 upon certification of the amount by the county treasurer. 6 There is appropriated from any funds in the general fund of the 7 state not otherwise appropriated amounts sufficient to pay the 8 certified assessments. 9 Sec. 39. Section 568.16, Code 2011, is amended to read as 10 follows: 11 568.16 Purchase money refunded. 12 If the grantee of the state, or the grantee’s successors, 13 administrators, or assigns, shall be deprived of the land 14 conveyed by the state under this chapter by the final decree 15 of a court of record for the reason that the conveyance by the 16 state passed no title whatever to the land therein did not pass 17 title to the land described, because title thereto to the land 18 had previously for any reason been vested in others, then the 19 money so paid by the state for the said land shall be refunded 20 by the state to the person or persons entitled thereto to the 21 refund , provided the said grantee, or the grantee’s successors, 22 administrators, or assigns, shall file a certified copy of 23 the transcript of the said final decree with the executive 24 council within one year from the date of the issuance of 25 such decree, and shall also file satisfactory proof with the 26 executive council that the action over the title to the land 27 was commenced within ten years from the date of the issuance of 28 patent or deed by the state. The amount of money to be refunded 29 under the provisions of this section shall be certified 30 authorized and paid by the executive council to the director 31 of the department of administrative services, who shall draw a 32 warrant therefor, and the same shall be paid out of the general 33 fund as an expense under section 7D.29 . 34 Sec. 40. Section 602.10133, Code 2011, is amended to read 35 -18- LSB 2824XC (22) 84 tm/jp 18/ 102
S.F. _____ as follows: 1 602.10133 Costs and expenses. 2 The court costs incident to such proceedings , and the 3 reasonable expense of said the judges in attending said the 4 hearing after being approved by the supreme court shall be paid 5 as court costs an expense authorized by the executive council 6 under section 7D.29 . 7 Sec. 41. Section 663.44, Code 2011, is amended to read as 8 follows: 9 663.44 Costs. 10 1. If the plaintiff is discharged, the costs shall be 11 assessed to the defendant, unless the defendant is an officer 12 holding the plaintiff in custody under a commitment, or under 13 other legal process, in which case the costs shall be assessed 14 to the county. If the plaintiff’s application is refused, 15 the costs shall be assessed against the plaintiff, and, in 16 the discretion of the court, against the person who filed the 17 petition in the plaintiff’s behalf. 18 2. However, where Notwithstanding subsection 1, if 19 the plaintiff is confined in any state institution , and is 20 discharged in habeas corpus proceedings, or where if the habeas 21 corpus proceedings fail , and costs and fees cannot be collected 22 from the person liable to pay the same costs and fees , such 23 the costs and fees shall be paid by the county in which such 24 state institution is located. The facts of such payment and 25 the proceedings on which it is based, with a statement of the 26 amount of fees or costs incurred, with approval in writing by 27 the presiding judge appended to such the statement or endorsed 28 thereon on the statement , shall then be certified by the clerk 29 of the district court under the seal of office to the state 30 executive council. The executive council shall then review 31 the proceedings and authorize reimbursement , as expenses under 32 section 7D.29, for all such fees and costs or such part thereof 33 of the fees and costs as the executive council shall find finds 34 justified, and shall notify the director of the department 35 -19- LSB 2824XC (22) 84 tm/jp 19/ 102
S.F. _____ of administrative services to draw a warrant to such county 1 treasurer on the state general fund in accordance with section 2 7D.29 for the amount authorized. The costs and fees referred 3 to above shall include any award of fees made to a court 4 appointed attorney representing an indigent party bringing the 5 habeas corpus action. 6 DIVISION IV 7 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2012-2013 8 Sec. 42. BUDGET PROCESS FOR FISCAL YEAR 2013-2014. 9 1. For the budget process applicable to the fiscal year 10 beginning July 1, 2013, on or before October 1, 2012, in lieu 11 of the information specified in section 8.23, subsection 1 , 12 unnumbered paragraph 1, and paragraph “a”, all departments and 13 establishments of the government shall transmit to the director 14 of the department of management, on blanks to be furnished by 15 the director, estimates of their expenditure requirements, 16 including every proposed expenditure, for the ensuing fiscal 17 year, together with supporting data and explanations as called 18 for by the director of the department of management after 19 consultation with the legislative services agency. 20 2. The estimates of expenditure requirements shall be 21 in a form specified by the director of the department of 22 management, and the expenditure requirements shall include all 23 proposed expenditures and shall be prioritized by program or 24 the results to be achieved. The estimates shall be accompanied 25 by performance measures for evaluating the effectiveness of the 26 programs or results. 27 Sec. 43. LIMITATION OF STANDING APPROPRIATIONS. 28 Notwithstanding the standing appropriations in the following 29 designated sections for the fiscal year beginning July 1, 2012, 30 and ending June 30, 2013, the amounts appropriated from the 31 general fund of the state pursuant to these sections for the 32 following designated purposes shall not exceed the following 33 amounts: 34 1. For operational support grants and community cultural 35 -20- LSB 2824XC (22) 84 tm/jp 20/ 102
S.F. _____ grants under section 99F.11, subsection 3 , paragraph “d”, 1 subparagraph (1): 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 3 2. For regional tourism marketing under section 99F.11, 4 subsection 3 , paragraph “d”, subparagraph (2): 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,153 6 3. For the center for congenital and inherited disorders 7 central registry under section 144.13A, subsection 4 , paragraph 8 “a”: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,560 10 4. For primary and secondary child abuse prevention 11 programs under section 144.13A, subsection 4 , paragraph “a”: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 108,886 13 5. For programs for at-risk children under section 279.51 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,728,891 15 The amount of any reduction in this subsection shall be 16 prorated among the programs specified in section 279.51, 17 subsection 1 , paragraphs “a”, “b”, and “c”. 18 6. For payment for nonpublic school transportation under 19 section 285.2 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,530,465 21 If total approved claims for reimbursement for nonpublic 22 school pupil transportation exceed the amount appropriated in 23 accordance with this subsection, the department of education 24 shall prorate the amount of each approved claim. 25 7. For reimbursement for the homestead property tax credit 26 under section 425.1 : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 28 8. For reimbursement for the family farm and agricultural 29 land tax credits under sections 425A.1 and 426.1 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 31 9. For the enforcement of chapter 453D relating to tobacco 32 product manufacturers under section 453D.8 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 34 Sec. 44. INSTRUCTIONAL SUPPORT STATE AID —— FY 35 -21- LSB 2824XC (22) 84 tm/jp 21/ 102
S.F. _____ 2012-2013. In lieu of the appropriation provided in section 1 257.20, subsection 2, the appropriation for the fiscal year 2 beginning July 1, 2012, and ending June 30, 2013, for paying 3 instructional support state aid under section 257.20 for fiscal 4 year 2012-2013 is zero. 5 DIVISION V 6 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2012-2013 7 Sec. 45. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The 8 various state departments, boards, commissions, councils, 9 and agencies, including the state board of regents, for 10 the fiscal year beginning July 1, 2012, and ending June 30, 11 2013, shall provide from available sources pay adjustments, 12 expense reimbursements, and related benefits to fully fund the 13 following: 14 1. The collective bargaining agreement negotiated pursuant 15 to chapter 20 for employees in the blue collar bargaining unit. 16 2. The collective bargaining agreement negotiated pursuant 17 to chapter 20 for employees in the public safety bargaining 18 unit. 19 3. The collective bargaining agreement negotiated pursuant 20 to chapter 20 for employees in the security bargaining unit. 21 4. The collective bargaining agreement negotiated pursuant 22 to chapter 20 for employees in the technical bargaining unit. 23 5. The collective bargaining agreement negotiated pursuant 24 to chapter 20 for employees in the professional fiscal and 25 staff bargaining unit. 26 6. The collective bargaining agreement negotiated pursuant 27 to chapter 20 for employees in the clerical bargaining unit. 28 7. The collective bargaining agreement negotiated pursuant 29 to chapter 20 for employees in the professional social services 30 bargaining unit. 31 8. The collective bargaining agreement negotiated pursuant 32 to chapter 20 for employees in the community-based corrections 33 bargaining unit. 34 9. The collective bargaining agreements negotiated 35 -22- LSB 2824XC (22) 84 tm/jp 22/ 102
S.F. _____ pursuant to chapter 20 for employees in the judicial branch of 1 government bargaining units. 2 10. The collective bargaining agreement negotiated pursuant 3 to chapter 20 for employees in the patient care bargaining 4 unit. 5 11. The collective bargaining agreement negotiated pursuant 6 to chapter 20 for employees in the science bargaining unit. 7 12. The collective bargaining agreement negotiated pursuant 8 to chapter 20 for employees in the university of northern Iowa 9 faculty bargaining unit. 10 13. The collective bargaining agreement negotiated pursuant 11 to chapter 20 for employees in the state university of Iowa 12 graduate student bargaining unit. 13 14. The collective bargaining agreement negotiated pursuant 14 to chapter 20 for employees in the state university of Iowa 15 hospital and clinics tertiary health care bargaining unit. 16 15. The annual pay adjustments, related benefits, and 17 expense reimbursements referred to in the sections of this 18 division of this Act addressing noncontract state and state 19 board of regents employees who are not covered by a collective 20 bargaining agreement. 21 Sec. 46. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 22 the fiscal year beginning July 1, 2012, and ending June 30, 23 2013, funds shall be provided from available sources of the 24 state board of regents for funding of collective bargaining 25 agreements for state board of regents employees covered by 26 such agreements and for the following state board of regents 27 employees not covered by a collective bargaining agreement: 28 1. Regents merit system employees and merit supervisory 29 employees. 30 2. Faculty members and professional and scientific 31 employees. 32 Sec. 47. BONUS PAY. For the fiscal year beginning July 33 1, 2012, and ending June 30, 2013, employees of the executive 34 branch, judicial branch, and legislative branch shall not 35 -23- LSB 2824XC (22) 84 tm/jp 23/ 102
S.F. _____ receive bonus pay unless otherwise authorized by law, required 1 pursuant to a contract of employment entered into before July 2 1, 2012, or required pursuant to a collective bargaining 3 agreement. This section does not apply to employees of the 4 state board of regents. For purposes of this section, “bonus 5 pay” means any additional remuneration provided an employee in 6 the form of a bonus, including but not limited to a retention 7 bonus, recruitment bonus, exceptional job performance pay, 8 extraordinary job performance pay, exceptional performance pay, 9 extraordinary duty pay, or extraordinary or special duty pay, 10 and any extra benefit not otherwise provided to other similarly 11 situated employees. 12 Sec. 48. STATE TROOPER MEAL ALLOWANCE. For the fiscal 13 year beginning July 1, 2012, the sworn peace officers in the 14 department of public safety who are not covered by a collective 15 bargaining agreement negotiated pursuant to chapter 20 shall 16 receive the same per diem meal allowance as the sworn peace 17 officers in the department of public safety who are covered 18 by a collective bargaining agreement negotiated pursuant to 19 chapter 20. 20 Sec. 49. SALARY MODEL ADMINISTRATOR. The salary model 21 administrator shall work in conjunction with the legislative 22 services agency to maintain the state’s salary model used for 23 analyzing, comparing, and projecting state employee salary 24 and benefit information, including information relating to 25 employees of the state board of regents. The department of 26 revenue, the department of administrative services, the five 27 institutions under the jurisdiction of the state board of 28 regents, the judicial district departments of correctional 29 services, and the state department of transportation shall 30 provide salary data to the department of management and the 31 legislative services agency to operate the state’s salary 32 model. The format and frequency of provision of the salary 33 data shall be determined by the department of management and 34 the legislative services agency. The information shall be 35 -24- LSB 2824XC (22) 84 tm/jp 24/ 102
S.F. _____ used in collective bargaining processes under chapter 20 and 1 in calculating the funding needs contained within the annual 2 salary adjustment legislation. A state employee organization 3 as defined in section 20.3, subsection 4, may request 4 information produced by the model, but the information provided 5 shall not contain information attributable to individual 6 employees. 7 DIVISION VI 8 CORRECTIVE PROVISIONS 9 Sec. 50. Section 8.6, subsection 9A, as enacted by 2011 Iowa 10 Acts, House File 45, section 39, is amended to read as follows: 11 9A. Budget and tax rate databases. To develop and make 12 available to the public a searchable budget database and 13 internet site as required under chapter 8G, division subchapter 14 I , and to develop and make available to the public a searchable 15 tax rate database and internet site as required under chapter 16 8G, division subchapter II . 17 Sec. 51. Section 8.57E, subsection 3, paragraph a, as 18 enacted by 2011 Iowa Acts, Senate File 209, section 30, is 19 amended to read as follows: 20 a. Moneys in the taxpayer’s taxpayers trust fund may be 21 used for cash flow purposes during a fiscal year provided that 22 any moneys so allocated are returned to the fund by the end of 23 that fiscal year. 24 Sec. 52. Section 8G.13, as enacted by 2011 Iowa Acts, House 25 File 45, section 50, is amended to read as follows: 26 8G.13 Updating database. 27 To facilitate the department of management’s efforts in 28 creating and maintaining a searchable database of the taxes 29 identified in section 8G.12, subsection 3 1 , for all taxing 30 jurisdictions in the state, each taxing jurisdiction may 31 annually be required to report its tax rates to the department 32 of management or the department of revenue and shall report any 33 changes to its tax rates within thirty days of the change. 34 Sec. 53. Section 16.193, subsection 3, paragraph a, Code 35 -25- LSB 2824XC (22) 84 tm/jp 25/ 102
S.F. _____ 2011, as amended by 2011 Iowa Acts, Senate File 475, section 1 11, is amended to read as follows: 2 a. During the term of the Iowa jobs program and Iowa jobs 3 II program, the Iowa finance authority shall collect data on 4 all of the projects approved for the program programs . The 5 department of management and the state agencies associated 6 with the projects shall assist the authority with the data 7 collection and in developing the report required by this 8 subsection . The authority shall report quarterly to the 9 governor and the general assembly concerning the data. 10 Sec. 54. Section 68A.401, subsection 4, Code 2011, as 11 amended by 2011 Iowa Acts, Senate File 475, section 17, is 12 amended to read as follows: 13 4. Political committees expressly advocating the 14 nomination, election, or defeat of candidates for both 15 federal office and any elected office created by law or the 16 Constitution of the State of Iowa shall file statements and 17 reports with the board in addition to any federal reports 18 required to be filed with the board. However, a political 19 committee that is registered and filing full disclosure 20 reports of all financial activities with the federal election 21 commission may file verified statements as provided in section 22 68B.201A 68A.201A . 23 Sec. 55. Section 139A.19, subsection 3, as enacted by 2011 24 Iowa Acts, House File 467, section 20, is amended to read as 25 follows: 26 3. This section does not preclude a hospital, clinic, other 27 health facility, or a health care provider from providing 28 notification to a care provider under circumstances in 29 which the hospital’s, clinic’s, other health facility’s, or 30 health care provider’s policy provides for notification of 31 the hospital’s, clinics clinic’s , other health facility’s, 32 or health care provider’s own employees of exposure to a 33 contagious or infectious disease that is not life-threatening 34 if the notice does not reveal a patient’s name, unless the 35 -26- LSB 2824XC (22) 84 tm/jp 26/ 102
S.F. _____ patient consents. 1 Sec. 56. Section 175.3, subsection 1, paragraph a, Code 2 2011, as amended by 2011 Iowa Acts, Senate File 429, section 1, 3 is amended to read as follows: 4 a. The agricultural development authority is established 5 within the department of agriculture and land stewardship. The 6 agency authority is constituted as a public instrumentality 7 and agency of the state exercising public and essential 8 governmental functions. 9 Sec. 57. Section 207.22, subsection 3, paragraph b, Code 10 2011, as amended by 2011 Iowa Acts, Senate File 475, section 11 47, is amended to read as follows: 12 b. Acquisition of coal refuse disposal sites and all 13 coal refuse thereon will serve the purposes of Tit. IV of 14 Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, 15 subch. IV, or that public ownership is desirable to meet 16 emergency situations and prevent recurrences of the adverse 17 effect of past coal mining practices. 18 Sec. 58. Section 232.71D, subsection 3, paragraph a, 19 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, House 20 File 562, section 3, is amended to read as follows: 21 Unless any of the circumstances listed in paragraph “b” are 22 applicable, cases to which any of the following circumstances 23 apply shall not be placed on in the central registry: 24 Sec. 59. Section 256.7, subsection 26, paragraph a, 25 subparagraph (1), as enacted by 2011 Iowa Acts, Senate File 26 453, section 1, is amended to read as follows: 27 (1) The rules establishing high school graduation 28 requirements shall authorize a school district or 29 accredited nonpublic school to consider that any student who 30 satisfactorily completes a high school-level unit of English 31 or language arts, mathematics, science, or social studies has 32 satisfactorily completed a unit of the high school graduation 33 requirements for that area as specified in this lettered 34 paragraph, and to shall authorize the school district or 35 -27- LSB 2824XC (22) 84 tm/jp 27/ 102
S.F. _____ accredited nonpublic school to issue high school credit for the 1 unit to the student. 2 Sec. 60. Section 321.34, subsection 20C, paragraph a, 3 if enacted by 2011 Iowa Acts, House File 651, section 2, is 4 amended to read as follows: 5 a. The department, in consultation with the adjutant 6 general, shall design combat infantryman badge, combat action 7 badge, combat action ribbon, air force combat action medal, 8 and combat medical badge distinguishing processed emblems. 9 Upon receipt of two hundred fifty orders for special combat 10 infantryman badge, combat action badge, combat action ribbon, 11 air force combat action medal, or combat medical badge special 12 registration plates, accompanied by a start-up fee of twenty 13 dollars per order, the department shall begin issuing special 14 registration plates with the applicable distinguishing 15 processed emblem as provided in paragraphs “b” and “c” . The 16 minimum order requirement shall apply separately to each of the 17 special registration plates created under this subsection. 18 Sec. 61. Section 321.34, subsection 25, paragraph a, if 19 enacted by 2011 Iowa Acts, House File 651, section 2, is 20 amended to read as follows: 21 a. The department, in consultation with the adjutant 22 general, shall design a civil war sesquicentennial 23 distinguishing processed emblem. Upon receipt of two hundred 24 fifty orders for special civil war sesquicentennial special 25 registration plates, accompanied by a start-up fee of twenty 26 dollars per order, the department shall begin issuing special 27 registration plates with a civil war sesquicentennial processed 28 emblem as provided in paragraph “b” . 29 Sec. 62. Section 327B.5, Code 2011, is amended to read as 30 follows: 31 327B.5 Penalty. 32 Any person violating the provisions of this chapter shall, 33 upon conviction, be subject to a scheduled fine as provided in 34 section 805.8A, subsection 13 , paragraphs paragraph “f” and “g” . 35 -28- LSB 2824XC (22) 84 tm/jp 28/ 102
S.F. _____ Sec. 63. Section 422.11O, subsection 5, paragraph a, 1 subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 2 531, section 17, is amended to read as follows: 3 (2) The E-15 plus gasoline promotion tax credit pursuant to 4 section 422.11Y. 5 Sec. 64. Section 422.11Y, subsection 1, paragraph d, if 6 enacted by 2011 Iowa Acts, Senate File 531, section 35, is 7 amended to read as follows: 8 d. “Tax credit” means the E-15 plus gasoline promotion tax 9 credit as provided in this section. 10 Sec. 65. Section 422.11Y, subsection 3, unnumbered 11 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 531, 12 section 35, is amended to read as follows: 13 The taxes imposed under this division, less the credits 14 allowed under section 422.12, shall be reduced by the amount of 15 the E-15 plus gasoline promotion tax credit for each tax year 16 that the taxpayer is eligible to claim a tax credit under this 17 subsection. 18 Sec. 66. Section 422.11Y, subsection 6, paragraph b, 19 subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 20 531, section 35, is amended to read as follows: 21 (2) The retail dealer may claim the ethanol promotion 22 tax credit as provided in paragraph “a” for the same ethanol 23 gallonage used to calculate and claim the E-15 plus gasoline 24 promotion tax credit. 25 Sec. 67. Section 423.4, subsection 9, unnumbered paragraph 26 1, if enacted by 2011 Iowa Acts, Senate File 531, section 59, 27 is amended to read as follows: 28 A person who qualifies as a biodiesel producer as provided in 29 this subsection may apply to the director for a refund of the 30 amount of the sales or use tax imposed and paid upon purchases 31 made by the person. 32 Sec. 68. Section 483A.24A, Code 2011, as amended by 2011 33 Iowa Acts, Senate File 194, section 10, is amended to read as 34 follows: 35 -29- LSB 2824XC (22) 84 tm/jp 29/ 102
S.F. _____ 483A.24A License refunds —— military service. 1 Notwithstanding any provision of this chapter to the 2 contrary, a service member deployed for military service, both 3 as defined in section 29A.1, subsection 3 , shall receive a 4 refund of that portion of any license fee paid by the service 5 member representing the service member’s period of military 6 service. 7 Sec. 69. Section 501.101, subsection 01, as enacted by 2011 8 Iowa Acts, House File 348, section 7, is amended to read as 9 follows: 10 01. “Alternative voting method” means a method of voting 11 other than a written ballot, including voting by electronic, 12 telephonic, internet, or other means that reasonably allow 13 allows members the opportunity to vote. 14 Sec. 70. Section 501A.703, subsection 5, paragraph d, Code 15 2011, as amended by 2011 Iowa Acts, House File 348, section 19, 16 is amended to read as follows: 17 d. If the ballot of the member is received by the 18 cooperative on or before the date of the regular members’ 19 meeting or as otherwise prescribed for an alternative , voting 20 method, the ballot or alternative voting method shall be 21 accepted and counted as the vote of the absent member. 22 Sec. 71. Section 511.8, subsection 22, paragraph i, 23 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, Senate 24 File 406, section 25, is amended to read as follows: 25 Securities held in the legal reserve of a life insurance 26 company or association pledged as collateral for financial 27 instruments used in highly effective hedging transactions as 28 defined in the national association of insurance commissioners’ 29 Statement statement of Statutory Accounting Principles No. 30 statutory accounting principles no. 86 shall continue to 31 be eligible for inclusion on in the legal reserve of the 32 life insurance company or association subject to all of the 33 following: 34 Sec. 72. Section 514J.109, subsection 3, paragraph f, 35 -30- LSB 2824XC (22) 84 tm/jp 30/ 102
S.F. _____ if enacted by 2011 Iowa Acts, House File 597, section 9, is 1 amended to read as follows: 2 f. The covered person or the covered person’s authorized 3 representative has provided all the information and forms 4 required by the commissioner that are necessary to process an 5 external review request pursuant to this section. 6 Sec. 73. Section 521F.4, subsection 1, paragraph b, as 7 enacted by 2011 Iowa Acts, Senate File 406, section 44, is 8 amended to read as follows: 9 b. The filing of a risk-based capital report by a health 10 organization which indicates that the health organization has 11 total adjusted capital which is greater than or equal to its 12 company-action-level risk-based capital but less than the 13 product of its authorized-control-level risk-based capital and 14 three and triggers the trend test determined in accordance with 15 the trend test calculations calculation included in the health 16 risk-based capital instructions. 17 Sec. 74. Section 524.310, subsection 5, paragraph b, Code 18 2011, as amended by 2011 Iowa Acts, Senate File 475, section 19 120, is amended to read as follows: 20 b. A corporate or company name reserved, registered, or 21 protected as provided in section 489.109, 490.402 , 490.403 , 22 490A.402 , 504.402 , or 504.403 . 23 Sec. 75. Section 717.3, subsection 5, paragraph b, Code 24 2011, as enacted by 2011 Iowa Acts, Senate File 478, section 6, 25 is amended to read as follows: 26 b. That the department shall assume supervision of and 27 provide for the sustenance of the livestock and as provided in 28 section 717.4. 29 Sec. 76. Section 717.4, subsection 2, as enacted by 2011 30 Iowa Acts, Senate File 478, section 7, is amended to read as 31 follows: 32 2. The court ordered lien shall be for the benefit of the 33 department. The amount of the lien shall not be not more than 34 for expenses incurred in providing sustenance to the livestock 35 -31- LSB 2824XC (22) 84 tm/jp 31/ 102
S.F. _____ pursuant to section 717.3 and providing for the disposition of 1 the livestock pursuant to section 717.5. 2 Sec. 77. Section 717.4A, as enacted by 2011 Iowa Acts, 3 Senate File 478, section 8, is amended to read as follows: 4 717.4A Livestock in immediate need of sustenance —— livestock 5 remediation fund. 6 The department may utilize the moneys deposited into the 7 livestock remediation fund pursuant to section 459.501 to pay 8 for any expenses associated with providing sustenance to or 9 the disposition of the livestock pursuant to a court order 10 entered pursuant to section 717.3 or 717.5. The department 11 shall utilize moneys from the fund only to the extent that 12 the department determines that expenses cannot be timely 13 paid by utilizing the available provisions of sections 717.4 14 and 717.5. The department shall deposit any unexpended and 15 unobligated moneys in the fund. The department shall pay to 16 the fund the proceeds from the disposition of the livestock and 17 associated products less expenses incurred by the department in 18 providing for the sustenance and disposition of the livestock, 19 as provided in section 717.5. 20 Sec. 78. Section 903A.5, subsection 1, as enacted by 2011 21 Iowa Acts, House File 271, section 3, is amended to read as 22 follows: 23 1. An inmate shall not be discharged from the custody 24 of the director of the Iowa department of corrections until 25 the inmate has served the full term for which the inmate was 26 sentenced, less earned time and other credits earned and not 27 forfeited, unless the inmate is pardoned or otherwise legally 28 released. Earned time accrued and not forfeited shall apply 29 to reduce a mandatory minimum sentence being served pursuant 30 to section 124.406 , 124.413 , 902.7 , 902.8 , 902.8A , or 902.11 . 31 An inmate shall be deemed to be serving the sentence from the 32 day on which the inmate is received into the institution. If 33 an inmate was confined to a county jail or other correctional 34 or mental facility at any time prior to sentencing, or after 35 -32- LSB 2824XC (22) 84 tm/jp 32/ 102
S.F. _____ sentencing but prior to the case having been decided on appeal, 1 because of failure to furnish bail or because of being charged 2 with a nonbailable offense, the inmate shall be given credit 3 for the days already served upon the term of the sentence. 4 However, if a person commits any offense while confined in a 5 county jail or other correctional or mental health facility, 6 the person shall not be granted jail credit for that offense. 7 Unless the inmate was confined in a correctional facility, 8 the sheriff of the county in which the inmate was confined 9 shall certify to the clerk of the district court from which 10 the inmate was sentenced and to the department of corrections’ 11 records administrator at the Iowa medical and classification 12 center the number of days so served. The department of 13 corrections’ records administrator, or the administrator’s 14 designee, shall apply jail credit as ordered by the court 15 of proper jurisdiction or as authorized by this section and 16 section 907.3, subsection 3 . 17 Sec. 79. EFFECTIVE DATES. 18 1. The section of this division of this Act amending section 19 422.11O, subsection 5, paragraph a, subparagraph (2), if 20 enacted by 2011 Iowa Acts, Senate File 531, section 17, takes 21 effect January 1, 2012. 22 2. Section 423.4, subsection 9, unnumbered paragraph 1, if 23 enacted by 2011 Iowa Acts, Senate File 531, section 59, takes 24 effect January 1, 2012. 25 Sec. 80. APPLICABILITY. 26 1. The section of this division of this Act amending section 27 422.11O, subsection 5, paragraph a, subparagraph (2), if 28 enacted by 2011 Iowa Acts, Senate File 531, section 17, applies 29 to tax years beginning on and after January 1, 2012. 30 2. The section of this division of this Act amending 31 section 422.11Y, subsection 1, paragraph d, if enacted by 2011 32 Iowa Acts, Senate File 531, section 35, applies to tax years 33 beginning on and after January 1, 2012, and to that part of a 34 retail dealer’s tax year or tax years occurring during that 35 -33- LSB 2824XC (22) 84 tm/jp 33/ 102
S.F. _____ portion of the calendar year beginning on and after July 1, 1 2011, and ending on December 31, 2011. 2 3. The section of this division of this Act amending section 3 422.11Y, subsection 3, unnumbered paragraph 1, if enacted by 4 2011 Iowa Acts, Senate File 531, section 35, applies to tax 5 years beginning on and after January 1, 2012, and to that part 6 of a retail dealer’s tax year or tax years occurring during 7 that portion of the calendar year beginning on and after July 8 1, 2011, and ending on December 31, 2011. 9 4. The section of this division of this Act amending section 10 422.11Y, subsection 6, paragraph b, subparagraph (2), if 11 enacted by 2011 Iowa Acts, Senate File 531, section 35, applies 12 to tax years beginning on and after January 1, 2012, and to 13 that part of a retail dealer’s tax year or tax years occurring 14 during that portion of the calendar year beginning on and after 15 July 1, 2011, and ending on December 31, 2011. 16 DIVISION VII 17 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 18 Sec. 81. VISION SCREENING PROGRAM —— DEPARTMENT OF PUBLIC 19 HEALTH. There is appropriated from the general fund of the 20 state to the department of public health for the fiscal year 21 beginning July 1, 2011, and ending June 30, 2012, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 For a grant to a national affiliated volunteer eye 25 organization that has an established program for children and 26 adults and that is solely dedicated to preserving sight and 27 preventing blindness through education, nationally certified 28 vision screening and training, and community and patient 29 service programs: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 31 Sec. 82. APPROPRIATION —— FARMERS WITH DISABILITIES. There 32 is appropriated from the general fund of the state to the 33 department of agriculture and land stewardship for the fiscal 34 year beginning July 1, 2011, and ending June 30, 2012, the 35 -34- LSB 2824XC (22) 84 tm/jp 34/ 102
S.F. _____ following amount, or so much thereof as is necessary, for a 1 program for farmers with disabilities: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,000 3 The moneys appropriated in this section shall be used 4 for the public purpose of providing a grant to a national 5 nonprofit organization with over 80 years of experience in 6 assisting children and adults with disabilities and special 7 needs. The moneys shall be used to support a nationally 8 recognized program that began in 1986 and has been replicated 9 in at least 30 other states, but which is not available through 10 any other entity in this state, and that provides assistance 11 to farmers with disabilities in all 99 counties to allow the 12 farmers to remain in their own homes and be gainfully engaged 13 in farming through provision of agricultural worksite and home 14 modification consultations, peer support services, services 15 to families, information and referral, and equipment loan 16 services. Notwithstanding section 8.33, moneys appropriated 17 in this section that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 Sec. 83. APPROPRIATION —— BATTLESHIP IOWA, BB-61. 22 1. There is appropriated from the general fund of the state 23 to the department of cultural affairs for the fiscal year 24 beginning July 1, 2010, and ending June 30, 2011, the following 25 amount, or so much thereof as is necessary, to be credited to 26 the BB-61 fund created in 2010 Iowa Acts, chapter 1194: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 28 2. If the department of the navy, pursuant to a process 29 outlined in a notice published in the federal register on 30 May 24, 2010, volume 75, number 99, awards possession or 31 conditionally awards possession of the battleship Iowa, 32 BB-61, to a nonprofit group that is eligible to receive the 33 battleship, the department of cultural affairs shall award a 34 grant to the nonprofit group in an amount equal to $3 million 35 -35- LSB 2824XC (22) 84 tm/jp 35/ 102
S.F. _____ in addition to any moneys awarded as a grant from the BB-61 1 fund. 2 3. Notwithstanding section 8.33, moneys appropriated in 3 this section that remain unencumbered or unobligated at the 4 close of the fiscal year shall not revert but shall remain 5 available for expenditure for the purposes designated for 6 succeeding fiscal years. 7 Sec. 84. GROUP HOME GRANT. There is appropriated from the 8 general fund of the state to the Iowa finance authority for the 9 fiscal year beginning July 1, 2010, and ending June 30, 2011, 10 the following amount, or so much thereof as is necessary, to be 11 used for the purposes designated: 12 For a grant to a nonprofit organization providing 13 residential services for persons with an intellectual 14 disability at the intermediate care facility level and services 15 under the medical assistance program habilitation and brain 16 injury home and community-based services waivers, that is 17 located in and providing such services in a county with a 18 population between 90,000 and 95,000, according to the latest 19 certified federal census: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 21 The grant under this section shall be used for purchase or 22 remodeling costs to develop a group home for not more than four 23 individuals with intellectual disabilities or brain injury. 24 Notwithstanding section 8.33, moneys appropriated in this 25 section that remain unencumbered or unobligated at the close of 26 the fiscal year shall not revert but shall remain available for 27 expenditure for the purposes designated until the close of the 28 succeeding fiscal year. 29 Sec. 85. INVESTIGATIONS DIVISION OF DEPARTMENT OF 30 INSPECTIONS AND APPEALS —— CONTINGENT FTE AUTHORIZATION. If 31 Senate File 313 or successor legislation providing for debt 32 setoff or other recovery activities for nonpayment of premiums 33 pursuant to section 249A.3, subsection 2, paragraph “a”, 34 subparagraph (1), relating to a special income eligibility 35 -36- LSB 2824XC (22) 84 tm/jp 36/ 102
S.F. _____ group under the Medicaid program, or pursuant to section 1 249J.8, subsection 1, relating to the expansion population 2 eligibility group under the IowaCare program, is enacted by 3 the Eighty-fourth General Assembly, 2011 Session, in addition 4 to other full-time equivalent positions authorized for the 5 investigations division of the department of inspections and 6 appeals for the fiscal year beginning July 1, 2011, not more 7 than 2.00 FTEs are authorized, to the extent funded through 8 moneys available to the department of human services, to 9 be used to implement such provisions of Senate File 313 or 10 successor legislation. 11 Sec. 86. SPECIAL EDUCATION INSTRUCTIONAL PROGRAM. If a 12 school district that is participating on a contractual basis 13 in a special education instructional program operated by an 14 area education agency, in which the area education agency 15 employed teachers on behalf of the school district at the time 16 the department of management calculated the teacher salary 17 supplement cost per pupil under section 257.10, subsection 18 9, the professional development supplement cost per pupil 19 under section 257.10, subsection 10, the area education agency 20 teacher salary supplement cost per pupil under section 257.37A, 21 subsection 1, and the area education agency professional 22 development supplement cost per pupil under section 257.37A, 23 subsection 2, for the fiscal year beginning July 1, 2009, 24 terminates the contract for participation in the special 25 education instructional program, the area education agency 26 operating the program shall notify the department of management 27 of the contract termination by the following April 1. The 28 department of management shall recalculate the cost per 29 pupil amounts for the area education agency and the school 30 district for the fiscal year succeeding the notification 31 date for the teacher salary supplement cost per pupil under 32 section 257.10, subsection 9, the professional development 33 supplement cost per pupil under section 257.10, subsection 34 10, the area education agency teacher salary supplement cost 35 -37- LSB 2824XC (22) 84 tm/jp 37/ 102
S.F. _____ per pupil under section 257.37A, subsection 1, and the area 1 education agency professional development supplement cost 2 per pupil under section 257.37A, subsection 2, by estimating 3 the amount of the original allocations used in the cost per 4 pupil calculation that would have been allocated to the school 5 district rather than the area education agency had the special 6 education instructional program not existed, and the department 7 of management shall increase the annual supplement cost per 8 pupil for the school district and area education agency by the 9 appropriate allowable growth for the appropriate fiscal years. 10 Sec. 87. TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF 11 CHILDREN. 12 1. A task force on the prevention of sexual abuse of 13 children is established consisting of the following members: 14 a. Four members of the general assembly serving as ex 15 officio, nonvoting members, with not more than one member from 16 each chamber being from the same political party. The two 17 senators shall be appointed, one each, by the majority leader 18 of the senate and by the minority leader of the senate. The two 19 representatives shall be appointed, one each, by the speaker of 20 the house of representatives and by the minority leader of the 21 house of representatives. 22 b. The director of human services or the director’s 23 designee. 24 c. The director of the department of education or the 25 director’s designee. 26 d. The director of public health or the director’s designee. 27 e. The state court administrator or the state court 28 administrator’s designee. 29 f. A representative of the Iowa county attorneys 30 association, appointed by the president of that association. 31 g. A representative of the chief juvenile court officers, 32 appointed by the chief justice of the supreme court. 33 h. A representative of the Iowa state education 34 association, appointed by the president of that organization. 35 -38- LSB 2824XC (22) 84 tm/jp 38/ 102
S.F. _____ i. A representative of prevent child abuse Iowa, appointed 1 by the director of human services. 2 j. A representative of school administrators of Iowa, 3 appointed by the president of that organization. 4 k. A representative of the Iowa association of school 5 boards, appointed by the executive director of that 6 organization. 7 l. A representative of the Iowa psychological association, 8 appointed by the president of that association. 9 m. A representative of the Iowa coalition against sexual 10 assault, appointed by the executive director of that coalition. 11 n. A representative of prevent child abuse Iowa, appointed 12 by the executive director of that organization. 13 o. A child abuse expert employed by or under contract with 14 one of Iowa’s nationally accredited child protection centers, 15 appointed by the director of the regional child protection 16 center located in Des Moines. 17 2. Members of the task force shall be individuals who are 18 actively involved in the fields of child abuse prevention. To 19 the extent possible, appointment of members shall reflect the 20 geographic diversity of the state. The voting members of the 21 task force shall serve without compensation and shall not be 22 reimbursed for their expenses. 23 3. The director of prevent child abuse Iowa, or the 24 director’s designee, shall convene the organizational meeting 25 of the task force. The task force shall elect from among 26 its members a chairperson. Meetings shall be held at the 27 call of the chairperson or at the request of two or more task 28 force members. Six members shall constitute a quorum and the 29 affirmative vote of six members shall be necessary for any 30 action taken by the task force. 31 4. Prevent child abuse Iowa shall provide staff support to 32 the task force. 33 5. The task force shall consult with employees of the 34 department of human services, the Iowa coalition against sexual 35 -39- LSB 2824XC (22) 84 tm/jp 39/ 102
S.F. _____ assault, the department of public safety, the state board 1 of education, and any other state agency or department as 2 necessary to accomplish the task force’s responsibilities under 3 this section. 4 6. The task force shall develop a model policy addressing 5 sexual abuse of children that may include but is not limited 6 to the following: 7 a. Age-appropriate curricula for students enrolled in 8 prekindergarten through grade five. 9 b. Training options for school personnel on child sexual 10 abuse. 11 c. Educational information for parents and guardians that 12 may be provided in a school handbook and may include the 13 warning signs of a child being abused, along with any needed 14 assistance, referral, or resource information. 15 d. Counseling options and resources available statewide for 16 students affected by sexual abuse. 17 e. Emotional and educational support services that may 18 be available for a child subject to abuse to continue to be 19 successful in school. 20 f. Methods for increasing teacher, student, and parent 21 awareness of issues regarding sexual abuse of children, 22 including but not limited to knowledge of likely warning signs 23 indicating that a child may be a victim of sexual abuse. 24 g. Actions that a child who is a victim of sexual abuse 25 should take to obtain assistance and intervention. 26 7. The task force shall make recommendations for preventing 27 the sexual abuse of children in Iowa. In making those 28 recommendations, the task force shall do the following: 29 a. Gather information concerning child sexual abuse 30 throughout the state. 31 b. Receive reports and testimony from individuals, state 32 and local agencies, community-based organizations, and other 33 public and private organizations. 34 c. Create goals for state policy that would prevent child 35 -40- LSB 2824XC (22) 84 tm/jp 40/ 102
S.F. _____ sexual abuse. 1 d. Submit a final report with its recommendations to the 2 governor and the general assembly on or before January 16, 3 2012. The recommendations may include proposals for specific 4 statutory changes and methods to foster cooperation among state 5 agencies and between the state, local school districts, and 6 other local governments. 7 Sec. 88. RAILROAD COMPANY —— LIMITED LIABILITY. A railroad 8 company which alters facilities described in section 327F.2 9 pursuant to a written agreement executed on or before December 10 31, 2012, with a political subdivision with a population of 11 more than 67,800, but less than 67,900, according to the 2010 12 certified federal census, to construct a flood mitigation 13 project shall receive the limitation on liability contained 14 in section 670.4, subsection 8, for its facilities described 15 in section 327F.2 governed by the written agreement for any 16 damages caused by the alteration due to a flood. 17 Sec. 89. STATE AGENCY OFFICE SUPPLIES PURCHASE, 18 EQUIPMENT PURCHASES, PRINTING AND BINDING, AND MARKETING 19 —— APPLICABILITY. The limitation on expenditures made for 20 office supplies, purchases of equipment, office equipment, and 21 equipment noninventory, printing and binding, and marketing 22 implemented pursuant to 2011 Iowa Acts, House File 45, section 23 2, does not apply to a department or agency receiving a 24 supplemental appropriation for the fiscal year beginning July 25 1, 2010, pursuant to 2011 Iowa Acts, Senate File 209, division 26 III. 27 Sec. 90. ELECTIONS-RELATED SOFTWARE. 28 Any computer software developed by a county for purposes of 29 election activities is the property of the county unless the 30 county sells the rights to the software. 31 Sec. 91. EFFECTIVE DATE —— 2011 IOWA ACTS, SENATE FILE 205. 32 1. 2011 Iowa Acts, Senate File 205, section 3, amending 33 section 321.47, subsection 2, being deemed of immediate 34 importance, takes effect on the effective date of this section 35 -41- LSB 2824XC (22) 84 tm/jp 41/ 102
S.F. _____ of this division of this Act. 1 2. 2011 Iowa Acts, Senate File 205, section 4, enacting 2 section 321.113, subsection 5, being deemed of immediate 3 importance, takes effect on the effective date of this section 4 of this division of this Act. 5 3. 2011 Iowa Acts, Senate File 205, section 5, amending 6 section 321.121, subsection 1, paragraph “b”, being deemed of 7 immediate importance, takes effect on the effective date of 8 this section of this division of this Act. 9 4. 2011 Iowa Acts, Senate File 205, section 6, enacting 10 section 321.122, subsection 1, paragraph “b”, subparagraph 11 (3), being deemed of immediate importance, takes effect on the 12 effective date of this section of this division of this Act. 13 Sec. 92. Section 80B.6, subsection 1, as amended by 2011 14 Iowa Acts, Senate File 236, section 1, is amended to read as 15 follows: 16 1. An Iowa law enforcement academy council is created 17 consisting of the following thirteen fifteen voting members 18 appointed by the governor, subject to confirmation by the 19 senate, to terms of four years commencing as provided in 20 section 69.19 : 21 a. Three residents of the state. 22 b. A sheriff of a county with a population of fifty thousand 23 persons or more who is a member of the Iowa state sheriffs and 24 deputies association. 25 c. A sheriff of a county with a population of less than 26 fifty thousand persons who is a member of the Iowa state 27 sheriffs and deputies association. 28 d. A deputy sheriff of a county who is a member of the Iowa 29 state sheriffs and deputies association. 30 e. A member of the Iowa peace officers association. 31 f. A member of the Iowa state police association. 32 g. A member of the Iowa police chiefs association. 33 h. A police officer who is a member of a police department 34 of a city with a population of fifty thousand persons or more. 35 -42- LSB 2824XC (22) 84 tm/jp 42/ 102
S.F. _____ i. A police officer who is a member of a police department 1 of a city with a population of less than fifty thousand 2 persons. 3 j. A member of the department of public safety. 4 k. A member of the office of motor vehicle enforcement of 5 the department of transportation. 6 l. An employee of a county conservation board who is a 7 certified peace officer. 8 m. A conservation peace officer employed under section 9 456A.13. 10 Sec. 93. Section 256C.5, subsection 1, paragraph c, Code 11 2011, is amended to read as follows: 12 c. “Preschool budget enrollment” means the figure that 13 is equal to sixty fifty percent of the actual enrollment of 14 eligible students in the preschool programming provided by 15 a school district approved to participate in the preschool 16 program on October 1 of the base year, or the first Monday in 17 October if October 1 falls on a Saturday or Sunday. 18 Sec. 94. Section 279.51, subsection 2, Code 2011, is amended 19 to read as follows: 20 2. a. Funds allocated under subsection 1 , paragraph “b” , 21 shall be used by the child development coordinating council for 22 the following: 23 a. (1) To continue funding for programs previously 24 funded by grants awarded under section 256A.3 and to provide 25 additional grants under section 256A.3 . The council shall seek 26 to provide grants on the basis of the location within the state 27 of children meeting at-risk definitions. 28 b. (2) At the discretion of the child development 29 coordinating council, award grants for the following: 30 (1) (a) To school districts to establish programs for 31 three-year-old, four-year-old, and five-year-old at-risk 32 children which are a combination of preschool and full-day 33 kindergarten. 34 (2) (b) To provide grants to provide educational support 35 -43- LSB 2824XC (22) 84 tm/jp 43/ 102
S.F. _____ services to parents of at-risk children age birth through three 1 years. 2 b. A grantee under this subsection may direct the use of 3 moneys received to serve any qualifying child ranging in age 4 from three years old to five years old, regardless of the age 5 of population indicated on the grant request in its initial 6 year of application. A grantee is encouraged to consider the 7 degree to which the program complements existing programs and 8 services for three-year-old, four-year-old, and five-year-old 9 at-risk children available in the area, including other child 10 care and preschool services, services provided through a school 11 district, and services available through an area education 12 agency. 13 Sec. 95. Section 303.19A, subsection 1, as enacted by 2011 14 Iowa Acts, House File 267, section 2, is amended to read as 15 follows: 16 1. The state historic preservation officer shall only 17 recommend that a rural electric cooperative or a municipal 18 utility constructing electric distribution and transmission 19 facilities for which it is receiving federal funding conduct 20 an archeological site survey of its proposed route when, based 21 upon a review of existing information on historic properties 22 within the area of potential effects of the construction, the 23 state historic preservation officer has determined that a 24 historic property, as defined by the federal National Historic 25 Preservation Act of 1966, as amended, is likely to exist within 26 the proposed route. 27 Sec. 96. Section 321J.2, subsection 4, paragraph b, Code 28 2011, is amended to read as follows: 29 b. Assessment of a minimum fine of one thousand eight 30 hundred fifty seventy-five dollars and a maximum fine of six 31 thousand two hundred fifty dollars. Surcharges and fees shall 32 be assessed pursuant to chapter 911 . 33 Sec. 97. Section 453A.35, subsection 1, Code 2011, is 34 amended to read as follows: 35 -44- LSB 2824XC (22) 84 tm/jp 44/ 102
S.F. _____ 1. a. The With the exception of revenues credited to the 1 health care trust fund pursuant to paragraph “b” , the proceeds 2 derived from the sale of stamps and the payment of taxes, fees, 3 and penalties provided for under this chapter , and the permit 4 fees received from all permits issued by the department, shall 5 be credited to the general fund of the state. However, of 6 b. Of the revenues generated from the tax on cigarettes 7 pursuant to section 453A.6, subsection 1 , and from the tax on 8 tobacco products as specified in section 453A.43, subsections 9 1, 2, 3, and 4 , and credited to the general fund of the state 10 under this subsection , there is appropriated, annually, to the 11 health care trust fund created in section 453A.35A , the first 12 one hundred six million sixteen thousand four hundred dollars 13 shall be credited to the health care trust fund created in 14 section 453A.35A . 15 Sec. 98. Section 453A.35A, subsection 1, Code 2011, is 16 amended to read as follows: 17 1. A health care trust fund is created in the office of 18 the treasurer of state. The fund consists of the revenues 19 generated from the tax on cigarettes pursuant to section 20 453A.6, subsection 1 , and from the tax on tobacco products 21 as specified in section 453A.43 , subsections 1, 2, 3, and 22 4 , that are credited to the general fund of the state and 23 appropriated to the health care trust fund, annually, pursuant 24 to section 453A.35 . Moneys in the fund shall be separate from 25 the general fund of the state and shall not be considered 26 part of the general fund of the state. However, the fund 27 shall be considered a special account for the purposes of 28 section 8.53 relating to generally accepted accounting 29 principles. Moneys in the fund shall be used only as specified 30 in this section and shall be appropriated only for the uses 31 specified. Moneys in the fund are not subject to section 8.33 32 and shall not be transferred, used, obligated, appropriated, 33 or otherwise encumbered, except as provided in this section . 34 Notwithstanding section 12C.7, subsection 2 , interest or 35 -45- LSB 2824XC (22) 84 tm/jp 45/ 102
S.F. _____ earnings on moneys deposited in the fund shall be credited to 1 the fund. 2 Sec. 99. Section 466B.31, subsection 2, paragraph a, Code 3 2011, is amended by adding the following new subparagraphs: 4 NEW SUBPARAGRAPH . (17) One member selected by the 5 agribusiness association of Iowa. 6 NEW SUBPARAGRAPH . (18) One member selected by the Iowa 7 floodplain and stormwater management association. 8 NEW SUBPARAGRAPH . (19) One member selected by Iowa rivers 9 revival. 10 Sec. 100. Section 537A.5, subsection 1, as enacted by 2011 11 Iowa Acts, Senate File 396, section 1, is amended to read as 12 follows: 13 1. As used in this section , “construction contract” 14 means an agreement relating to the construction, alteration, 15 improvement, development, demolition, excavation, 16 rehabilitation, maintenance, or repair of buildings, highways, 17 roads, streets, bridges, tunnels, transportation facilities, 18 airports, water or sewage treatment plants, power plants, 19 or any other improvements to real property in this state, 20 including shafts, wells, and structures, whether on ground, 21 above ground, or underground, and includes agreements for 22 architectural services, design services, engineering services, 23 construction services, construction management services, 24 development services, maintenance services, material purchases, 25 equipment rental, and labor. “Construction contract” includes 26 all public, private, foreign, or domestic agreements as 27 described in this subsection other than such public agreements 28 relating to highways, roads, and streets. 29 Sec. 101. Section 654.4B, subsection 2, paragraph b, Code 30 2011, is amended to read as follows: 31 b. This subsection is repealed July 1, 2011 2012 . 32 Sec. 102. APPLICABILITY. The section of this division of 33 this Act amending section 256C.5, subsection 1, takes effect 34 upon enactment, and applies to budget years beginning on or 35 -46- LSB 2824XC (22) 84 tm/jp 46/ 102
S.F. _____ after July 1, 2011. 1 Sec. 103. EFFECTIVE UPON ENACTMENT. The following 2 provision or provisions of this division of this Act, being 3 deemed of immediate importance, take effect upon enactment: 4 1. The section of this division of this Act amending section 5 303.19A. 6 2. The section of this division of this Act amending section 7 654.4B. 8 3. The section of this division of this Act appropriating 9 moneys to the department of cultural affairs for purposes of a 10 grant for the battleship Iowa, BB-61. 11 4. The section of this division of this Act creating a task 12 force on the prevention of sexual abuse of children. 13 5. The section of this division of this Act providing 14 effective dates for certain provisions in 2011 Iowa Acts, 15 Senate File 205. 16 6. The section in this division of this Act making an 17 appropriation to the Iowa finance authority for a group home 18 grant. 19 7. The section of this division of this Act relating to 20 a school district participating on a contractual basis in a 21 special education instructional program operated by an area 22 education agency. 23 Sec. 104. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 24 APPLICABILITY. The provision of this division of this Act 25 relating to a limitation on state agency office supplies 26 purchase, equipment purchases, printing and binding, and 27 marketing as enacted by 2011 Iowa Acts, House File 45, being 28 deemed of immediate importance, takes effect upon enactment and 29 applies retroactively to March 7, 2011. 30 DIVISION VIII 31 APPROPRIATION TRANSFERS 32 REBUILD IOWA INFRASTRUCTURE FUND 33 Sec. 105. 2010 Iowa Acts, chapter 1184, section 26, is 34 amended to read as follows: 35 -47- LSB 2824XC (22) 84 tm/jp 47/ 102
S.F. _____ SEC. 26. There is appropriated from the rebuild Iowa 1 infrastructure fund to the department of economic development 2 for deposit in the grow Iowa values fund, for the fiscal year 3 beginning July 1, 2010, and ending June 30, 2011, the following 4 amount, notwithstanding section 8.57, subsection 6 , paragraph 5 “c”: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 7 Of the moneys appropriated in this section, from the 8 amount allocated to the department of economic development 9 in accordance with 2010 Iowa Acts, chapter 1184, section 28, 10 subsection 1, $1,200,000 shall be used for the department’s 11 Iowans helping Iowans business assistance program. 12 Notwithstanding section 8.33, moneys designated pursuant 13 to this unnumbered paragraph that remain unencumbered or 14 unobligated at the close of the fiscal year shall not revert 15 but shall remain available for expenditure for the purposes 16 designated until the close of the succeeding fiscal year. 17 CASH RESERVE FUND 18 Sec. 106. 2010 Iowa Acts, chapter 1193, section 90, 19 subsection 1, is amended to read as follows: 20 1. DEPARTMENT OF HUMAN SERVICES 21 For the medical assistance program: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187,800,000 23 a. Of the moneys appropriated in this subsection, the 24 following amounts shall be transferred as follows: 25 (1) To the Iowa finance authority to be used for the Iowans 26 helping Iowans housing assistance program: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,050,000 28 (2) To the department of human services to be used for the 29 unmet needs program administered by the department: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,056,603 31 b. Notwithstanding section 8.33, moneys transferred 32 pursuant to paragraph “a” that remain unencumbered or 33 unobligated at the close of the fiscal year shall not revert 34 but shall remain available for expenditure for the purposes 35 -48- LSB 2824XC (22) 84 tm/jp 48/ 102
S.F. _____ designated until the close of the succeeding fiscal year. 1 Sec. 107. EFFECTIVE DATE —— APPLICABILITY. 2 1. This division of this Act being deemed of immediate 3 importance takes effect upon enactment, and if approved by the 4 governor on or after July 1, 2011, are retroactively applicable 5 to the date specified in subsection 2. 6 2. The provisions of this division of this Act providing 7 for transfers are retroactively applicable to August 27, 8 2010, and apply in lieu of the transfers made for the same 9 purposes by the executive branch, as reported by the department 10 of management in the transfer notice to the governor and 11 lieutenant governor dated August 27, 2010. 12 DIVISION IX 13 REORGANIZATION 14 Sec. 108. NEW SECTION . 8.75 Contract services —— training. 15 1. Each department, as defined in section 8.2, shall 16 separately track the budget and actual expenditures for 17 contract services and for employee training for each 18 appropriation line item. 19 2. The terms of the contracts for contracted services 20 entered into or revised during the fiscal year shall 21 incorporate quality assurance and cost control measures. 22 3. The employee training tracking information shall be 23 further divided into training categories. Each department’s 24 report on training tracking shall specifically address the use 25 of electronically based training. 26 4. Each department shall report to the legislative services 27 agency on January 15 and July 15 of each year concerning 28 the budget, expenditure, quality assurance, and cost control 29 information addressed by this section for the previous six 30 calendar months. 31 Sec. 109. NEW SECTION . 8A.319 State government purchasing 32 efforts —— department of administrative services. 33 In order to facilitate efficient and cost-effective 34 purchasing, the department of administrative services shall do 35 -49- LSB 2824XC (22) 84 tm/jp 49/ 102
S.F. _____ the following: 1 1. Require state agencies to provide the department with 2 a report regarding planned purchases on an annual basis and 3 to report on an annual basis regarding efforts to standardize 4 products and services within their own agencies and with other 5 state agencies. 6 2. Require state employees who conduct bids for services to 7 receive training on an annual basis about procurement rules and 8 procedures and procurement best practices. 9 3. Identify procurement compliance employees within the 10 department. 11 4. Review the process and basis for establishing 12 departmental fees for purchasin