HF 2459 (LSB 5985HV (1) 86)

HOUSE FILE 2459

BY  COMMITTEE ON APPROPRIATIONS

(SUCCESSOR TO HSB 656)

A BILL FOR

An Act relating to state and local finances by making appropriations, providing for legal responsibilities, and providing for other properly related matters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
STANDING APPROPRIATIONS AND RELATED MATTERS
    Section 1.  2015 Iowa Acts, chapter 138, section 3, is amended by adding the following new subsection:   NEW SUBSECTION.  4.  For the peace officers’ retirement, accident, and disability system retirement fund under section 97A.11A:
   ...................................................................... $  2,500,000
    Sec. 2.  2015 Iowa Acts, chapter 138, is amended by adding the following new section:
   NEW SECTION.  SEC. 5A.  GENERAL ASSEMBLY.
   1.  The appropriations made pursuant to section 2.12 for the expenses of the general assembly and legislative agencies for the fiscal year beginning July 1, 2016, and ending June 30, 2017, are reduced by the following amount:
   ...................................................................... $  5,850,000

   2.  The budgeted amounts for the general assembly and legislative agencies for the fiscal year beginning July 1, 2016, may be adjusted to reflect the unexpended budgeted amounts from the previous fiscal year.
   3.  Annual membership dues for organizations, associations, and conferences shall not be paid from moneys appropriated pursuant to section 2.12.
   4.  Costs for out-of-state travel and per diems for out-of-state travel shall not be paid from moneys appropriated pursuant to section 2.12.
    Sec. 3.  2015 Iowa Acts, chapter 138, is amended by adding the following new section:
   NEW SECTION.  SEC. 7A.  Section 257.35, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  10A.  Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2016, and ending June 30, 2017, shall be reduced by the department of management by twenty million dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003.
    Sec. 4.  Section 2.48, subsection 3, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0f.  In 2016:
   (1)  The homestead tax credit under chapter 425.
   (2)  The elderly and disabled property tax credit under chapter 425.
   (3)  The agricultural land tax credit under chapter 426.
   (4)  The military service tax credit under chapter 426A.
   (5)  The business property tax credit under chapter 426C.
   (6)  The commercial and industrial property tax replacement claims under section 441.21A.
    Sec. 5.  Section 230.8, Code 2016, is amended to read as follows:
   230.8  Transfers of persons with mental illness —— expenses.
   The transfer to any state hospitals or to the places of their residence of persons with mental illness who have no residence in this state or whose residence is unknown and deemed to be a state case, shall be made according to the directions of the administrator, and when practicable by employees of the state hospitals. The actual and necessary expenses of such transfers shall be paid by the department on itemized vouchers sworn to by the claimants and approved by the administrator, and the amount of the expenses is appropriated to the department from any funds in the state treasury not otherwise appropriated.
    Sec. 6.  Section 820.24, Code 2016, is amended to read as follows:
   820.24  Expenses —— how paid.
   When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the state treasury, on the certificate of the governor and warrant of the director of the department of administrative services by the department of corrections; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and all necessary and actual traveling expenses incurred in returning the prisoner.
DIVISION II
MISCELLANEOUS PROVISIONS
    Sec. 7.  WATER QUALITY —— IOWA FINANCE AUTHORITY.  There is appropriated from the general fund of the state to the Iowa finance authority for the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For deposit in the water quality financial assistance fund created in section 16.134A, if enacted by 2016 Iowa Acts, House File 2451:
   ...................................................................... $  2,000,000
    Sec. 8.  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.
    Sec. 9.  Section 24.32, Code 2016, is amended to read as follows:
   24.32  Decision certified.
   After a hearing upon the appeal, the state board shall certify its decision to the county auditor and to the parties to the appeal as provided by rule, and the decision shall be final. The county auditor shall make up the records in accordance with the decision and the levying board shall make its levy in accordance with the decision. Upon receipt of the decision, the certifying board shall correct its records accordingly, if necessary. Final disposition of all appeals shall be made by the state board on or before April 30 of each year within forty-five days after the date of the appeal hearing.
    Sec. 10.  Section 418.12, subsection 5, Code 2016, is amended to read as follows:
   5.  If the department of revenue determines that the revenue accruing to the fund or accounts within the fund exceeds thirty million dollars for a fiscal year or exceeds the amount necessary for the purposes of this chapter if the amount necessary is less than thirty million dollars for a fiscal year, then those excess moneys shall be credited by the department of revenue for deposit in the general fund of the state.
    Sec. 11.  Section 669.11, Code 2016, is amended to read as follows:
   669.11  Payment of award.
   1.  Any Except as provided in subsection 2, an award to a claimant under this chapter, and any judgment in favor of any claimant under this chapter, shall be paid promptly out of appropriations which have been made for such purpose, if any; but any such amount or part thereof which cannot be paid promptly from such appropriations shall be paid promptly out of any money in the state treasury not otherwise appropriated. Payment shall be made only upon receipt of a written release by the claimant in a form approved by the attorney general.
   2.  An award under this chapter, and any judgment in favor of any claimant under this chapter, for a claim relating to conduct or actions of an employee of the hospital and medical clinics at the university of Iowa, shall be paid by the hospital and medical clinics at the university of Iowa. Payment shall be made only upon receipt of a written release by the claimant in a form approved by the attorney general.
DIVISION III
CORRECTIVE PROVISIONS

    Sec. 12.  Section 229.13, subsection 7, paragraph a, subparagraph (1), if enacted by 2016 Iowa Acts, Senate File 2259, section 1, is amended to read as follows:
   (1)  The respondent’s mental health professional acting within the scope of the mental health professional’s practice shall notify the committing court, with preference given to the committing judge, if available, in the appropriate county who and the court shall enter a written order directing that the respondent be taken into immediate custody by the appropriate sheriff or sheriff’s deputy. The appropriate sheriff or sheriff’s deputy shall exercise all due diligence in taking the respondent into protective custody to a hospital or other suitable facility.
    Sec. 13.  Section 272.25, subsection 3, Code 2016, as amended by 2016 Iowa Acts, Senate File 2196, section 3, is amended to read as follows:
   3.  A requirement that the program include instruction in skills and strategies to be used in classroom management of individuals, and of small and large groups, under varying conditions; skills for communicating and working constructively with pupils, teachers, administrators, and parents; preparation in reading theory, knowledge, strategies, and approaches, and for integrating literacy instruction in into content areas in accordance with section 256.16; and skills for understanding the role of the board of education and the functions of other education agencies in the state. The requirement shall be based upon recommendations of the department of education after consultation with teacher education faculty members in colleges and universities.
    Sec. 14.  Section 598C.102, subsection 8, paragraph b, if enacted by 2016 Iowa Acts, Senate File 2233, section 2, is amended to read as follows:
   b.  An individual who has custodial responsibility for a child under a law of this state other than this chapter.
    Sec. 15.  2016 Iowa Acts, House File 2269, section 20, subsection 1, is amended to read as follows:
   1.  It is amended, rescinded, or supplemented by the affirmative action of the executive council committee of the Iowa beef cattle producers association created in section 181.3, as amended in this Act.
    Sec. 16.  2016 Iowa Acts, Senate File 378, section 2, is amended to read as follows:
   SEC 2.  REPEAL.  Section 80.37, Code 2015 2016, is repealed.
    Sec. 17.  2016 Iowa Acts, Senate File 2185, section 2, if enacted, is amended by striking the section and inserting in lieu thereof the following:
   SEC. 2.  Section 709.21, subsection 3, Code 2016, is amended to read as follows:
   3.  A person who violates this section commits a serious an aggravated misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to state and local finances by making appropriations, providing for legal responsibilities, and providing for other properly related matters. The bill is organized by divisions.
   STANDING APPROPRIATIONS AND RELATED MATTERS. The bill limits a standing appropriation for the 2016-2017 fiscal year made for the peace officers’ retirement, accident, and disability system retirement fund. 
   The bill reduces the standing unlimited appropriation for the 2016-2017 fiscal year made for the general assembly under Code section 2.12. The bill prohibits the use of moneys appropriated under Code section 2.12 from being used to pay annual membership dues for organizations, associations, and conferences or to pay for costs for out-of-state travel and per diems for out-of-state travel.
   The bill reduces state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the 2016-2017 fiscal year by $20 million.
   The bill adds five property tax-related tax credits and the commercial and industrial property tax replacement claims to the list of items to periodically be reviewed by the legislative tax expenditure committee beginning in the year 2016.
   The bill eliminates the standing appropriations for transfers of certain persons with mental illness and interstate extradition.
   MISCELLANEOUS PROVISIONS. The bill appropriates moneys from the general fund of the state to the Iowa finance authority for deposit in the water quality financial assistance fund if enacted by 2016 Iowa Acts, House File 2451.
   The bill requires the salaries model administrator to work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state salary and benefit information.
   Currently, the state appeal board is required to make a final disposition on all appeals on or before April 30 of each year. The bill provides that final disposition of appeals must be made within 45 days after the date of the hearing on the appeal. 
   Currently, under the flood mitigation program, if the department of revenue determines that the revenue accruing to the flood mitigation fund is $30 million or exceeds the amount necessary for the purposes of the program if the amount necessary is less than $30 million, then those excess moneys are credited for deposit in the general fund of the state. The bill limits the accrual period for the $30 million limit or an amount necessary less than $30 million to a fiscal year.
   The bill provides that a state tort claim judgment in favor of any claimant, for a claim relating to conduct or actions of an employee of the hospital and medical clinics at the university of Iowa, shall be paid by the hospital and medical clinics at the university of Iowa. Payment shall be made only upon receipt of a written release by the claimant in a form approved by the attorney general.
   CORRECTIVE PROVISIONS. Code section 229.13, subsection 7, paragraph “a”, subparagraph (1), if enacted by 2016 Iowa Acts, Senate File 2259, section 1, is amended to grammatically correct a reference to the court which under the provision is required to order that a person be taken into immediate custody to receive mental health treatment.
   Code section 272.25(3), Code 2016, as amended by 2016 Iowa Acts, Senate File 2196, section 3, is amended to substitute the preposition “into” for “in” to correspond to a current reference in Code section 256.16 relating to the integration of literacy instruction into content areas taught in practitioner preparation programs.
   Iowa Code section 598C.102(8)(b), if enacted by 2016 Iowa Acts, Senate File 2233, section 2, is amended to insert the indefinite article before the word “law” in a provision relating to child custody under a law of Iowa in the newly enacted “Uniform Deployed Parents Custody and Visitation Act”. The amendment conforms the provision to numerous other provisions in the Act.
   2016 Iowa Acts, House File 2269, section 20, subsection 1, is amended to correct a reference to the new name of the executive committee of the Iowa beef cattle producers association, in this transition provision relating to the continued effectiveness of administrative rules and actions taken prior to the effective date of the Act.
   2016 Iowa Acts, Senate File 378, section 2, which deals with the reimbursement of certain peace officer defense costs, is amended to update a reference to the most recent edition of the Iowa Code containing Code section 80.37, which the Act repeals.
   2016 Iowa Acts, Senate File 2185, section 2, if enacted, which deals with the penalty for certain invasions of privacy, is amended to update a reference to the most recent edition of the Iowa Code containing Code section 709.21, which the Act amends.