HSB 710 (LSB 6419YC (18) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON MOHR)

A BILL FOR

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

DIVISION I
CONTINUING APPROPRIATIONS

    Section 1.  CONTINUING APPROPRIATIONS —— FY 2020-2021.
   1.  APPROPRIATIONS DETERMINED FROM FY 2019-2020 LINE ITEM AND LIMITED STANDING APPROPRIATIONS.
   a.  For all line item appropriations, standing limited appropriations, and standing unlimited appropriations otherwise limited by law, including appropriations from federal and nonstate funds, the department of management, in consultation with the legislative services agency, shall determine the amount of such line item appropriations, standing limited appropriations, and standing unlimited appropriations otherwise limited by law, including appropriations from federal and nonstate funds, made for the fiscal year beginning July 1, 2019, and ending June 30, 2020, by taking into consideration all of the following:
   (1)  2020 Iowa Acts, Senate Files 2144 and 2408, and other 2020 Iowa Acts.
   (2)  2019 Iowa Acts.
   (3)  All interdepartmental and intradepartmental transfers made pursuant to section 8.39 and other provisions of law.
   (4)  Other provisions of law.
   b.  The department of management, in consultation with the legislative services agency, shall also identify the entities to which such appropriations were made, or the entities’ successors.
   2.  CONTINUING APPROPRIATIONS.  There is appropriated from the appropriate state fund or account to the entities identified pursuant to subsection 1, for the fiscal year beginning July 1, 2020, and ending June 30, 2021, amounts, or so much thereof as is necessary, equal to the amounts of all line item appropriations, standing limited appropriations, and standing unlimited appropriations otherwise limited by law, including federal and nonstate funds, made for the fiscal year beginning July 1, 2019, and ending June 30, 2020, as determined pursuant to subsection 1, to be used for the same designated purposes.
   3.  DUPLICATIVE STANDING APPROPRIATIONS SUPPLANTED.  The amounts appropriated under subsection 2 shall supplant any duplicative standing appropriation for the fiscal year beginning July 1, 2020, and ending June 30, 2021.
   4.  MISCELLANEOUS PROVISIONS APPLICABLE TO FY 2020–2021.  

Any powers, duties, limitations, or requirements, including reporting requirements, set forth in 2019 Iowa Acts, chapters 85, 89, 131, 135, 136, 154, 155, and 163, for the fiscal year beginning July 1, 2019, and ending June 30, 2020, are applicable for the fiscal year beginning July 1, 2020, and ending June 30, 2021.
   5.  ALLOCATION AMOUNTS.  For any line item appropriation, standing limited appropriation, or standing unlimited appropriation otherwise limited by law identified pursuant to subsection 1 which is subject to an allocation amount for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the amount appropriated under subsection 2 based on such appropriation shall be subject to the same allocation amount for the fiscal year beginning July 1, 2020, and ending June 30, 2021.
   6.  NONREVERSION PROVISIONS.  For any line item appropriation, standing limited appropriation, or standing unlimited appropriation otherwise limited by law identified pursuant to subsection 1 that is subject to a specified nonreversion provision, whether for a limited or unlimited period, the amount appropriated under subsection 2 based on such appropriation shall be subject to the same specified nonreversion provision, and in the case of a specified nonreversion provision for a limited period, the period shall be considered to be one fiscal year longer than specified for the appropriation identified pursuant to subsection 1.
   7.  FULL-TIME EQUIVALENT POSITIONS.  The amounts appropriated under subsection 2 to an entity identified pursuant to subsection 1 may be used by the entity for a number of full-time equivalent positions for the fiscal year beginning July 1, 2020, and ending June 20, 2021, equal to the number of full-time equivalent positions authorized for the entity for the fiscal year beginning July 1, 2019, and ending June 30, 2020. 
   8.  EXCLUSIONS.  This section does not apply to any of the following:
   a.  Appropriations made from the rebuild Iowa infrastructure fund and the technology reinvestment fund pursuant to 2019 Iowa Acts, chapter 137.
   b.  Appropriations made to the department of transportation from the road use tax fund and the primary road fund pursuant to 2019 Iowa Acts, chapter 52.
   c.  The appropriation made to the department of administrative services from the general fund of the state for establishing a listing of real property owned or leased by the state pursuant to 2019 Iowa Acts, chapter 136, section 1, subsection 1, paragraph “d”.
   d.  The appropriation made to the department of agriculture and land stewardship from the general fund of the state for deposit in the hungry canyons account of the loess hills development and conservation fund pursuant to 2019 Iowa Acts, chapter 131, section 9, subsection 1.
   e.  The appropriation made to the department of cultural affairs from the general fund of the state for payment of rent for the state records center pursuant to 2019 Iowa Acts, chapter 154, section 1, subsection 1, paragraph “g”.
   f.  The appropriation made to the Iowa law enforcement academy from the general fund of the state for costs associated with temporary relocation of the Iowa law enforcement academy pursuant to 2019 Iowa Acts, chapter 163, section 10, subsection 1, paragraph “a”, subparagraph (2).
   g.  The appropriation made to the department of homeland security and emergency management from the general fund of the state for flood recovery pursuant to 2020 Iowa Acts, Senate File 2144, section 3.
   h.  Any line item appropriation, standing limited appropriation, or standing unlimited appropriation otherwise limited by law that is otherwise provided for in this Act.
    Sec. 2.  REPEAL.  2020 Iowa Acts, Senate File 2408, sections 7 and 8, are repealed.
DIVISION II
ADMINISTRATION AND REGULATION APPROPRIATIONS —— FY 2020-2021

    Sec. 3.  DEPARTMENT OF ADMINISTRATIVE SERVICES.  There is appropriated from the general fund of the state to the department of administrative services for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For the payment of utility costs, and for not more than the following full-time equivalent positions:
   ...................................................................... $  3,882,948

   ............................................................... FTEs            1.00

   Notwithstanding section 8.33, any excess moneys appropriated for utility costs in this section shall not revert to the general fund of the state at the end of the fiscal year but shall remain available for expenditure for the purposes designated during the succeeding fiscal year.
    Sec. 4.  DEPARTMENT OF MANAGEMENT.  There is appropriated from the general fund of the state to the department of management for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For distribution of moneys to other governmental entities for the payment of rate adjustments established by the office of the chief information officer; and for salaries, support, maintenance, and miscellaneous purposes:
   ...................................................................... $  1,201,370

   Moneys appropriated in this section shall be separately accounted for in a distribution account and shall be distributed to other governmental entities to pay for rate adjustments established by the office of the chief information officer related to the overpayment of federal funds for information technology services. The department of management may reduce the amount of moneys to be distributed to another governmental entity for the payment of rate adjustments under this section if the amount to be distributed is less than the amount currently paid by the governmental entity for such rates. In addition to moneys appropriated in this section, rate adjustments may also be funded using unencumbered and unobligated moneys remaining in the department of commerce revolving fund created in section 546.12, the primary road fund created in section 313.3, the road use tax fund created in section 312.1, the fish and game protection fund created in section 456A.17, the Iowa public employees’ retirement fund created in section 97B.7, or any other departmental revolving, trust, or special fund for which the general assembly has not made an operating budget appropriation, as determined by the department of management. The department of management shall transmit financial statements to the legislative services agency regarding distributions of moneys provided to other governmental entities for the payment of rate adjustments pursuant to this section. The statements shall indicate the amount of the distributions and the dates on which the distributions are provided. 
DIVISION III
EDUCATION APPROPRIATIONS —— FY 2020-2021

    Sec. 5.  STATE BOARD OF REGENTS.  There is appropriated from the general fund of the state to the state board of regents for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  STATE SCHOOL FOR THE DEAF
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
   ...................................................................... $ 10,536,171

   ............................................................... FTEs        101.84

   2.  IOWA BRAILLE AND SIGHT SAVING SCHOOL
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
   ...................................................................... $  4,434,459

   ............................................................... FTEs         58.00
DIVISION IV
HEALTH AND HUMAN SERVICES APPROPRIATIONS —— FY 2020-2021

    Sec. 6.  TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT.  There is appropriated from the fund created in section 8.41 to the department of human services for the fiscal year beginning July 1, 2020, and ending June 30, 2021, from moneys received under the federal temporary assistance for needy families (TANF) block grant pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, and successor legislation, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   To be credited to the family investment program account and used for assistance under the family investment program under chapter 239B:
   ...................................................................... $  5,002,006
    Sec. 7.  MEDICAL ASSISTANCE.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For medical assistance program reimbursement and associated costs as specifically provided in the reimbursement methodologies in effect on June 30, 2020, except as otherwise expressly authorized by law, consistent with options under federal law and regulations, and contingent upon receipt of approval from the office of the governor of reimbursement for each abortion performed under the program:
   ...................................................................... $ 1,516,364,409

   The prohibitions, limitations, transfers, authorizations, requirements applicable to state and private entities, and requirements applicable to the use of appropriated moneys, including allocation amounts, set forth in 2019 Iowa Acts, chapter 85, section 13, subsections 1 through 24, apply to the moneys appropriated in this section for the fiscal year beginning July 1, 2020, and ending June 30, 2021.
    Sec. 8.  STATE SUPPLEMENTARY ASSISTANCE.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For the state supplementary assistance program:
   ...................................................................... $  7,349,002

   2.  The department shall increase the personal needs allowance for residents of residential care facilities by the same percentage and at the same time as federal supplemental security income and federal social security benefits are increased due to a recognized increase in the cost of living. The department may adopt emergency rules to implement this subsection.
   3.  If during the fiscal year beginning July 1, 2020, the department projects that state supplementary assistance expenditures for a calendar year will not meet the federal pass-through requirement specified in Tit. XVI of the federal Social Security Act, section 1618, as codified in 42 U.S.C. §1382g, the department may take actions including but not limited to increasing the personal needs allowance for residential care facility residents and making programmatic adjustments or upward adjustments of the prescribed residential care facility or in-home health-related care reimbursement rates to ensure that federal requirements are met. In addition, the department may make other programmatic and rate adjustments necessary to remain within the amount appropriated in this section while ensuring compliance with federal requirements. The department may adopt emergency rules to implement the provisions of this subsection.
   4.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 9.  CHILDREN’S HEALTH INSURANCE PROGRAM.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For maintenance of the healthy and well kids in Iowa (hawk-i) program pursuant to chapter 514I, including supplemental dental services, for receipt of federal financial participation under Tit. XXI of the federal Social Security Act, which creates the children’s health insurance program:
   ...................................................................... $ 37,598,984

   2.  Of the funds appropriated in this section, $146,682 is allocated for continuation of the contract for outreach with the department of public health.
   3.  A portion of the funds appropriated in this section may be transferred to the appropriations made for field operations or medical contracts to be used for the integration of hawk-i program eligibility, payment, and administrative functions under the purview of the department of human services, including for the Medicaid management information system upgrade.
    Sec. 10.  STATE RESOURCE CENTERS.
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For the state resource center at Glenwood for salaries, support, maintenance, and miscellaneous purposes:
   ...................................................................... $ 16,700,867

   b.  For the state resource center at Woodward for salaries, support, maintenance, and miscellaneous purposes:
   ...................................................................... $ 10,913,360

   2.  The department may continue to bill for state resource center services utilizing a scope of services approach used for private providers of intermediate care facilities for persons with an intellectual disability services, in a manner which does not shift costs between the medical assistance program, counties, or other sources of funding for the state resource centers.
   3.  The state resource centers may expand the time-limited assessment and respite services during the fiscal year.
   4.  If the department’s administration and the department of management concur with a finding by a state resource center’s superintendent that projected revenues can reasonably be expected to pay the salary and support costs for a new employee position, or that such costs for adding a particular number of new positions for the fiscal year would be less than the overtime costs if new positions would not be added, the superintendent may add the new position or positions. If the vacant positions available to a resource center do not include the position classification desired to be filled, the state resource center’s superintendent may reclassify any vacant position as necessary to fill the desired position. The superintendents of the state resource centers may, by mutual agreement, pool vacant positions and position classifications during the course of the fiscal year in order to assist one another in filling necessary positions.
   5.  If existing capacity limitations are reached in operating units, a waiting list is in effect for a service or a special need for which a payment source or other funding is available for the service or to address the special need, and facilities for the service or to address the special need can be provided within the available payment source or other funding, the superintendent of a state resource center may authorize opening not more than two units or other facilities and begin implementing the service or addressing the special need during fiscal year 2020-2021.
   6.  Notwithstanding section 8.33, and notwithstanding the amount limitation specified in section 222.92, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 11.  JUVENILE INSTITUTION.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  a.  For operation of the state training school at Eldora and for salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
   ...................................................................... $ 16,029,488
   ............................................................... FTEs        207.00

   b.  Of the funds appropriated in this subsection, $91,000 shall be used for distribution to licensed classroom teachers at this and other institutions under the control of the department of human services based upon the average student yearly enrollment at each institution as determined by the department.
   2.  A portion of the moneys appropriated in this section shall be used by the state training school at Eldora for grants for adolescent pregnancy prevention activities at the institution in the fiscal year beginning July 1, 2020.
   3.  Of the funds appropriated in this subsection, $212,000 shall be used by the state training school at Eldora for a substance use disorder treatment program at the institution for the fiscal year beginning July 1, 2020.
   4.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
DIVISION V
PROPERTY TAX CREDITS

    Sec. 12.  PROPERTY TAX CREDITS.
   1.  In lieu of the standing appropriations in the following designated sections, for the fiscal year beginning July 1, 2020, and ending June 30, 2021, there is appropriated from the general fund of the state the following amounts for the following designated purposes:
   a.  For reimbursement for the homestead property tax credit under section 425.1:
   ...................................................................... $139,984,518

   b.  For implementing the elderly and disabled tax credit and reimbursement pursuant to sections 425.16 through 425.40:
   ...................................................................... $ 20,500,000

   2.  If the director of revenue determines that the amount of claims for credit for property taxes due pursuant to paragraphs “a” and “b”, plus the amount of claims for reimbursement for rent constituting property taxes paid which are to be paid during a fiscal year may exceed the total amount appropriated for that fiscal year, the director shall estimate the percentage of the credits and reimbursements which will be funded by the appropriation. The county treasurer shall notify the director of the amount of property tax credits claimed by June 26, 2020. The director shall estimate the percentage of the property tax credits and rent reimbursement claims that will be funded by the appropriation and notify the county treasurer of the percentage estimate by June 30, 2020. The estimated percentage shall be used in computing for each claim the amount of property tax credit and reimbursement for rent constituting property taxes paid for that fiscal year. If the director overestimates the percentage of funding, claims for reimbursement for rent constituting property taxes paid shall be paid until they can no longer be paid at the estimated percentage of funding. Rent reimbursement claims filed after that point in time shall receive priority and shall be paid in the following fiscal year.
    Sec. 13.  RETROACTIVE APPLICABILITY.  This division of this Act, if approved by the governor after June 26, 2020, applies retroactively to June 26, 2020. 
DIVISION VI
CORRECTIVE PROVISIONS

    Sec. 14.  Section 100B.41, as enacted by 2020 Iowa Acts, Senate File 2259, section 1, is amended to read as follows:
   100B.41  Donation of fire fighting, emergency medical response, and law enforcement equipment.
   A fire department, emergency medical services provider, or law enforcement agency may donate used vehicles or equipment to an organization that provides fire response or emergency medical services, or to a law enforcement agency. An entity making a good faith donation of equipment pursuant to this subsection section shall be immune from civil liability from any claim arising from the performance, failure to perform, nature, age, condition, or packaging of any vehicle or equipment used in fire fighting, emergency medical response, or law enforcement.
    Sec. 15.  Section 260C.48, subsection 1, paragraph a, subparagraph (2), Code 2020, as enacted by 2020 Iowa Acts, House File 2454, section 1, is amended to read as follows:
   (2)  For purposes of subparagraph (1), subparagraph divisions (b) and (c), if the instructor is a licensed practitioner who holds a career and technical endorsement under chapter 272, relevant work experience in the occupational area includes but is not limited to classroom instruction in a career and technical education subject area offered by a school district or accredited nonpublic school.
    Sec. 16.  Section 321.279, subsection 2, paragraph b, as enacted by 2020 Iowa Acts, Senate File 2275, section 1, is amended as follows:
   b.  The driver of a motor vehicle who commits a violation under this section subsection and who has previously committed a violation under this section subsection or subsection 3 is, upon conviction, guilty of a class “D” felony.
    Sec. 17.  Section 514C.35, subsection 4, paragraph d, subparagraph (1), if enacted by 2020 Iowa Acts, Senate File 2261, section 5, is amended to read as follows:
   (1)  A any Any school, other than a public school, that is accredited pursuant to section 256.11 for any and all levels for grades one through twelve.
    Sec. 18.  Section 709.23, subsection 2, if enacted by 2020 Iowa Acts, House File 2554, section 4, is amended to read as follows:
   2.  A person who commits continuous sexual abuse of a child is, upon conviction, guilty of a class “B” felony. Notwithstanding section 902.9, subsection 1, paragraph “b”, a person convicted of a violation of this subsection section involving any combination of three or more acts of sexual abuse that includes a violation of section 709.3 or 709.4 shall be confined for no more than fifty years.
    Sec. 19.  2020 Iowa Acts, Senate File 2357, section 9, subsection 2, paragraph b, subparagraph (1), subparagraph division (a), is amended to read as follows:
   (a)  Review of requirements. The supervising physician and the physician assistant shall review all of the requirements of physician assistant licensure, practice, supervision, and delegation of medical services as set forth in section 148.13 and chapter 148C, the Iowa administrative code chapter chapters under 653 IAC, and 645 IAC chapters 326 to 329.
    Sec. 20.  2020 Iowa Acts, Senate File 2357, section 10, subsection 1, unnumbered paragraph 1, is amended to read as follows:
   The Notwithstanding section 148C.5, the board of physician assistants shall rescind all of the following:
    Sec. 21.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 22.  RETROACTIVE APPLICABILITY.  The following apply retroactively to March 18, 2020:
   1.  The section of this division of this Act amending 2020 Iowa Acts, Senate File 2357, section 9.
   2.  The section of this division of this Act amending 2020 Iowa Acts, Senate File 2357, section 10.
DIVISION VII
CONTINGENT EFFECTIVE DATE AND RETROACTIVE APPLICABILITY

    Sec. 23.  EFFECTIVE UPON ENACTMENT.  Unless otherwise provided, this Act, if approved by the governor on or after July 1, 2020, takes effect upon enactment.
    Sec. 24.  RETROACTIVE APPLICABILITY.  Unless otherwise provided, this Act, if approved by the governor on or after July 1, 2020, applies retroactively to July 1, 2020.
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 and regulatory responsibilities, and providing for other properly related matters.
   CONTINUING APPROPRIATIONS. The bill requires the department of management, in consultation with the legislative services agency, to determine the amount of line item appropriations, standing limited appropriations, and standing unlimited appropriations otherwise limited by law, including appropriations from federal and nonstate funds, made for FY 2019-2020, and identify the entities to which such appropriations were made. The bill appropriates the determined amounts to the identified entities for FY 2020-2021, and applies powers, duties, limitations, and requirements, including reporting requirements; allocation amounts; specified nonreversion provisions; and full-time equivalent position authorizations from FY 2019-2020 to FY 2020-2021. This division does not apply to certain capital appropriations, transportation appropriations, one-time appropriations, and appropriations otherwise provided for in the bill.
   ADMINISTRATION AND REGULATION APPROPRIATIONS. The bill appropriates moneys for FY 2020-2021 to the department of administrative services for the payment of utility costs and to the department of management for distribution to other governmental entities for the payment of rate adjustments established by the office of the chief information officer.
   EDUCATION APPROPRIATIONS. The bill appropriates moneys for FY 2020-2021 to the state board of regents for the state school for the deaf and the Iowa braille and sight saving school.
   HEALTH AND HUMAN SERVICES APPROPRIATIONS. The bill appropriates moneys for FY 2020-2021 to the department of human services for the family investment program, medical assistance program reimbursement and associated costs, the state supplementary assistance program, the healthy and well kids in Iowa (hawk-i) program, the state resource centers, and the state training school at Eldora. 
   PROPERTY TAX CREDITS. For FY 2020-2021, the bill appropriates moneys from the general fund of the state for purposes of reimbursing the homestead property tax credit and implementing the elderly and disabled tax credit and reimbursement. This division, if approved by the governor after June 26, 2020, applies retroactively to June 26, 2020.
   CORRECTIVE PROVISIONS. The bill makes technical corrections to legislation enacted or considered during the 2020 legislative session. This division takes effect upon enactment and the bill sections amending 2020 Iowa Acts, Senate File 2357, apply retroactively to March 18, 2020.
   EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. Unless otherwise provided, the bill, if approved by the governor on or after July 1, 2020, takes effect upon enactment and applies retroactively to July 1, 2020.