House Study Bill 656 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON GRASSLEY) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for legal responsibilities, and 2 providing for other properly related matters. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5985YC (13) 86 tm/rn
H.F. _____ DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. 2015 Iowa Acts, chapter 138, section 3, is 3 amended by adding the following new subsection: 4 NEW SUBSECTION . 4. For the peace officers’ retirement, 5 accident, and disability system retirement fund under section 6 97A.11A: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 8 Sec. 2. 2015 Iowa Acts, chapter 138, is amended by adding 9 the following new section: 10 NEW SECTION . SEC. 5A. GENERAL ASSEMBLY. 11 1. The appropriations made pursuant to section 2.12 for the 12 expenses of the general assembly and legislative agencies for 13 the fiscal year beginning July 1, 2016, and ending June 30, 14 2017, are reduced by the following amount: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,850,000 16 2. The budgeted amounts for the general assembly and 17 legislative agencies for the fiscal year beginning July 1, 18 2016, may be adjusted to reflect the unexpended budgeted 19 amounts from the previous fiscal year. 20 3. Annual membership dues for organizations, associations, 21 and conferences shall not be paid from moneys appropriated 22 pursuant to section 2.12. 23 4. Costs for out-of-state travel and per diems for 24 out-of-state travel shall not be paid from moneys appropriated 25 pursuant to section 2.12. 26 Sec. 3. 2015 Iowa Acts, chapter 138, is amended by adding 27 the following new section: 28 NEW SECTION . SEC. 7A. Section 257.35, Code 2016, is amended 29 by adding the following new subsection: 30 NEW SUBSECTION . 10A. Notwithstanding subsection 1, and in 31 addition to the reduction applicable pursuant to subsection 32 2, the state aid for area education agencies and the portion 33 of the combined district cost calculated for these agencies 34 for the fiscal year beginning July 1, 2016, and ending June 35 -1- LSB 5985YC (13) 86 tm/rn 1/ 9
H.F. _____ 30, 2017, shall be reduced by the department of management by 1 twenty million dollars. The reduction for each area education 2 agency shall be prorated based on the reduction that the agency 3 received in the fiscal year beginning July 1, 2003. 4 Sec. 4. Section 2.48, subsection 3, Code 2016, is amended by 5 adding the following new paragraph: 6 NEW PARAGRAPH . 0f. In 2016: 7 (1) The homestead tax credit under chapter 425. 8 (2) The elderly and disabled property tax credit under 9 chapter 425. 10 (3) The agricultural land tax credit under chapter 426. 11 (4) The military service tax credit under chapter 426A. 12 (5) The business property tax credit under chapter 426C. 13 (6) The commercial and industrial property tax replacement 14 claims under section 441.21A. 15 Sec. 5. Section 230.8, Code 2016, is amended to read as 16 follows: 17 230.8 Transfers of persons with mental illness —— expenses. 18 The transfer to any state hospitals or to the places of their 19 residence of persons with mental illness who have no residence 20 in this state or whose residence is unknown and deemed to be a 21 state case, shall be made according to the directions of the 22 administrator, and when practicable by employees of the state 23 hospitals. The actual and necessary expenses of such transfers 24 shall be paid by the department on itemized vouchers sworn to 25 by the claimants and approved by the administrator , and the 26 amount of the expenses is appropriated to the department from 27 any funds in the state treasury not otherwise appropriated . 28 Sec. 6. Section 820.24, Code 2016, is amended to read as 29 follows: 30 820.24 Expenses —— how paid. 31 When the punishment of the crime shall be the confinement of 32 the criminal in the penitentiary, the expenses shall be paid 33 out of the state treasury, on the certificate of the governor 34 and warrant of the director of the department of administrative 35 -2- LSB 5985YC (13) 86 tm/rn 2/ 9
H.F. _____ services by the department of corrections ; and in all other 1 cases they shall be paid out of the county treasury in the 2 county wherein the crime is alleged to have been committed. 3 The expenses shall be the fees paid to the officers of the 4 state on whose governor the requisition is made, and all 5 necessary and actual traveling expenses incurred in returning 6 the prisoner. 7 DIVISION II 8 MISCELLANEOUS PROVISIONS 9 Sec. 7. WATER QUALITY —— IOWA FINANCE AUTHORITY. There is 10 appropriated from the general fund of the state to the Iowa 11 finance authority for the fiscal year beginning July 1, 2016, 12 and ending June 30, 2017, the following amount, or so much 13 thereof as is necessary, to be used for the purpose designated: 14 For deposit in the water quality financial assistance fund 15 created in section 16.134A, if enacted by 2016 Iowa Acts, House 16 File 2451: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 18 Sec. 8. SALARY MODEL ADMINISTRATOR. The salary model 19 administrator shall work in conjunction with the legislative 20 services agency to maintain the state’s salary model used for 21 analyzing, comparing, and projecting state employee salary 22 and benefit information, including information relating to 23 employees of the state board of regents. The department of 24 revenue, the department of administrative services, the five 25 institutions under the jurisdiction of the state board of 26 regents, the judicial district departments of correctional 27 services, and the state department of transportation shall 28 provide salary data to the department of management and the 29 legislative services agency to operate the state’s salary 30 model. The format and frequency of provision of the salary 31 data shall be determined by the department of management and 32 the legislative services agency. The information shall be 33 used in collective bargaining processes under chapter 20 and 34 in calculating the funding needs contained within the annual 35 -3- LSB 5985YC (13) 86 tm/rn 3/ 9
H.F. _____ salary adjustment legislation. A state employee organization 1 as defined in section 20.3, subsection 4, may request 2 information produced by the model, but the information provided 3 shall not contain information attributable to individual 4 employees. 5 Sec. 9. Section 24.32, Code 2016, is amended to read as 6 follows: 7 24.32 Decision certified. 8 After a hearing upon the appeal, the state board shall 9 certify its decision to the county auditor and to the parties 10 to the appeal as provided by rule, and the decision shall 11 be final. The county auditor shall make up the records in 12 accordance with the decision and the levying board shall make 13 its levy in accordance with the decision. Upon receipt of 14 the decision, the certifying board shall correct its records 15 accordingly, if necessary. Final disposition of all appeals 16 shall be made by the state board on or before April 30 of 17 each year within forty-five days after the date of the appeal 18 hearing . 19 Sec. 10. Section 418.12, subsection 5, Code 2016, is amended 20 to read as follows: 21 5. If the department of revenue determines that the 22 revenue accruing to the fund or accounts within the fund 23 exceeds thirty million dollars for a fiscal year or exceeds 24 the amount necessary for the purposes of this chapter if the 25 amount necessary is less than thirty million dollars for a 26 fiscal year , then those excess moneys shall be credited by the 27 department of revenue for deposit in the general fund of the 28 state. 29 Sec. 11. Section 669.11, Code 2016, is amended to read as 30 follows: 31 669.11 Payment of award. 32 1. Any Except as provided in subsection 2, an award to 33 a claimant under this chapter , and any judgment in favor of 34 any claimant under this chapter , shall be paid promptly out 35 -4- LSB 5985YC (13) 86 tm/rn 4/ 9
H.F. _____ of appropriations which have been made for such purpose, if 1 any; but any such amount or part thereof which cannot be paid 2 promptly from such appropriations shall be paid promptly out 3 of any money in the state treasury not otherwise appropriated. 4 Payment shall be made only upon receipt of a written release by 5 the claimant in a form approved by the attorney general. 6 2. An award under this chapter, and any judgment in favor 7 of any claimant under this chapter, for a claim relating 8 to conduct or actions of an employee of the hospital and 9 medical clinics at the university of Iowa, shall be paid by 10 the hospital and medical clinics at the university of Iowa. 11 Payment shall be made only upon receipt of a written release by 12 the claimant in a form approved by the attorney general. 13 DIVISION III 14 CORRECTIVE PROVISIONS 15 Sec. 12. Section 229.13, subsection 7, paragraph a, 16 subparagraph (1), if enacted by 2016 Iowa Acts, Senate File 17 2259, section 1, is amended to read as follows: 18 (1) The respondent’s mental health professional acting 19 within the scope of the mental health professional’s practice 20 shall notify the committing court, with preference given to the 21 committing judge, if available, in the appropriate county who 22 and the court shall enter a written order directing that the 23 respondent be taken into immediate custody by the appropriate 24 sheriff or sheriff’s deputy. The appropriate sheriff or 25 sheriff’s deputy shall exercise all due diligence in taking 26 the respondent into protective custody to a hospital or other 27 suitable facility. 28 Sec. 13. Section 272.25, subsection 3, Code 2016, as amended 29 by 2016 Iowa Acts, Senate File 2196, section 3, is amended to 30 read as follows: 31 3. A requirement that the program include instruction 32 in skills and strategies to be used in classroom management 33 of individuals, and of small and large groups, under varying 34 conditions; skills for communicating and working constructively 35 -5- LSB 5985YC (13) 86 tm/rn 5/ 9
H.F. _____ with pupils, teachers, administrators, and parents; preparation 1 in reading theory, knowledge, strategies, and approaches, and 2 for integrating literacy instruction in into content areas in 3 accordance with section 256.16; and skills for understanding 4 the role of the board of education and the functions of other 5 education agencies in the state. The requirement shall be 6 based upon recommendations of the department of education after 7 consultation with teacher education faculty members in colleges 8 and universities. 9 Sec. 14. Section 598C.102, subsection 8, paragraph b, if 10 enacted by 2016 Iowa Acts, Senate File 2233, section 2, is 11 amended to read as follows: 12 b. An individual who has custodial responsibility for a 13 child under a law of this state other than this chapter. 14 Sec. 15. 2016 Iowa Acts, House File 2269, section 20, 15 subsection 1, is amended to read as follows: 16 1. It is amended, rescinded, or supplemented by the 17 affirmative action of the executive council committee of the 18 Iowa beef cattle producers association created in section 19 181.3, as amended in this Act. 20 Sec. 16. 2016 Iowa Acts, Senate File 378, section 2, is 21 amended to read as follows: 22 SEC 2. REPEAL. Section 80.37, Code 2015 2016 , is repealed. 23 Sec. 17. 2016 Iowa Acts, Senate File 2185, section 2, if 24 enacted, is amended by striking the section and inserting in 25 lieu thereof the following: 26 SEC. 2. Section 709.21, subsection 3, Code 2016, is amended 27 to read as follows: 28 3. A person who violates this section commits a serious an 29 aggravated misdemeanor. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to state and local finances by making 34 appropriations, providing for legal responsibilities, and 35 -6- LSB 5985YC (13) 86 tm/rn 6/ 9
H.F. _____ providing for other properly related matters. The bill is 1 organized by divisions. 2 STANDING APPROPRIATIONS AND RELATED MATTERS. The bill 3 limits a standing appropriation for the 2016-2017 fiscal 4 year made for the peace officers’ retirement, accident, and 5 disability system retirement fund. 6 The bill reduces the standing unlimited appropriation for 7 the 2016-2017 fiscal year made for the general assembly under 8 Code section 2.12. The bill prohibits the use of moneys 9 appropriated under Code section 2.12 from being used to pay 10 annual membership dues for organizations, associations, and 11 conferences or to pay for costs for out-of-state travel and per 12 diems for out-of-state travel. 13 The bill reduces state aid for area education agencies and 14 the portion of the combined district cost calculated for these 15 agencies for the 2016-2017 fiscal year by $20 million. 16 The bill adds five property tax-related tax credits and 17 the commercial and industrial property tax replacement claims 18 to the list of items to periodically be reviewed by the 19 legislative tax expenditure committee beginning in the year 20 2016. 21 The bill eliminates the standing appropriations for 22 transfers of certain persons with mental illness and interstate 23 extradition. 24 MISCELLANEOUS PROVISIONS. The bill appropriates moneys from 25 the general fund of the state to the Iowa finance authority 26 for deposit in the water quality financial assistance fund if 27 enacted by 2016 Iowa Acts, House File 2451. 28 The bill requires the salaries model administrator to work 29 in conjunction with the legislative services agency to maintain 30 the state’s salary model used for analyzing, comparing, and 31 projecting state salary and benefit information. 32 Currently, the state appeal board is required to make a 33 final disposition on all appeals on or before April 30 of each 34 year. The bill provides that final disposition of appeals must 35 -7- LSB 5985YC (13) 86 tm/rn 7/ 9
H.F. _____ be made within 45 days after the date of the hearing on the 1 appeal. 2 Currently, under the flood mitigation program, if the 3 department of revenue determines that the revenue accruing 4 to the flood mitigation fund is $30 million or exceeds the 5 amount necessary for the purposes of the program if the amount 6 necessary is less than $30 million, then those excess moneys 7 are credited for deposit in the general fund of the state. The 8 bill limits the accrual period for the $30 million limit or an 9 amount necessary less than $30 million to a fiscal year. 10 The bill provides that a state tort claim judgment in favor 11 of any claimant, for a claim relating to conduct or actions 12 of an employee of the hospital and medical clinics at the 13 university of Iowa, shall be paid by the hospital and medical 14 clinics at the university of Iowa. Payment shall be made only 15 upon receipt of a written release by the claimant in a form 16 approved by the attorney general. 17 CORRECTIVE PROVISIONS. Code section 229.13, subsection 18 7, paragraph “a”, subparagraph (1), if enacted by 2016 Iowa 19 Acts, Senate File 2259, section 1, is amended to grammatically 20 correct a reference to the court which under the provision is 21 required to order that a person be taken into immediate custody 22 to receive mental health treatment. 23 Code section 272.25(3), Code 2016, as amended by 2016 Iowa 24 Acts, Senate File 2196, section 3, is amended to substitute 25 the preposition “into” for “in” to correspond to a current 26 reference in Code section 256.16 relating to the integration of 27 literacy instruction into content areas taught in practitioner 28 preparation programs. 29 Iowa Code section 598C.102(8)(b), if enacted by 2016 30 Iowa Acts, Senate File 2233, section 2, is amended to insert 31 the indefinite article before the word “law” in a provision 32 relating to child custody under a law of Iowa in the newly 33 enacted “Uniform Deployed Parents Custody and Visitation 34 Act”. The amendment conforms the provision to numerous other 35 -8- LSB 5985YC (13) 86 tm/rn 8/ 9
H.F. _____ provisions in the Act. 1 2016 Iowa Acts, House File 2269, section 20, subsection 1, is 2 amended to correct a reference to the new name of the executive 3 committee of the Iowa beef cattle producers association, 4 in this transition provision relating to the continued 5 effectiveness of administrative rules and actions taken prior 6 to the effective date of the Act. 7 2016 Iowa Acts, Senate File 378, section 2, which deals with 8 the reimbursement of certain peace officer defense costs, is 9 amended to update a reference to the most recent edition of the 10 Iowa Code containing Code section 80.37, which the Act repeals. 11 2016 Iowa Acts, Senate File 2185, section 2, if enacted, 12 which deals with the penalty for certain invasions of privacy, 13 is amended to update a reference to the most recent edition of 14 the Iowa Code containing Code section 709.21, which the Act 15 amends. 16 -9- LSB 5985YC (13) 86 tm/rn 9/ 9