House File 907 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON APPROPRIATIONS

                                       (SUCCESSOR TO HSB 310)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to and making appropriations from the healthy
  2    Iowans tobacco trust and the tobacco settlement trust fund and
  3    providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1137HV 82
  6 pf/gg/14

PAG LIN



  1  1    Section 1.  HEALTHY IOWANS TOBACCO TRUST == APPROPRIATIONS
  1  2 TO DEPARTMENTS.  There is appropriated from the healthy Iowans
  1  3 tobacco trust created in section 12.65 to the following
  1  4 departments for the fiscal year beginning July 1, 2007, and
  1  5 ending June 30, 2008, the following amounts, or so much
  1  6 thereof as is necessary, to be used for the purposes
  1  7 designated:
  1  8    1.  To the department of human services:
  1  9    a.  To supplement the medical assistance program
  1 10 appropriations for the fiscal year, including for
  1 11 reimbursement of noninstitutional medical assistance providers
  1 12 with the exception of anesthesia and dental providers and to
  1 13 continue the resource=based relative value system of
  1 14 reimbursement based upon the reimbursement rates established
  1 15 for the fiscal year beginning July 1, 2007, and ending June
  1 16 30, 2008; for reimbursement of dental services, hospitals,
  1 17 home health care services, critical access hospitals,
  1 18 expansion of home health care services and habilitative day
  1 19 care for children with special needs, and expansion of respite
  1 20 care services provided through home and community=based
  1 21 waivers based upon the reimbursement rates established for the
  1 22 fiscal year beginning July 1, 2007, and ending June 30, 2008;
  1 23 and for provision of coverage to women who require treatment
  1 24 for breast or cervical cancer as provided in section 249A.3,
  1 25 subsection 2, paragraph "b":
  1 26 .................................................. $ 35,327,368
  1 27    Of the amount appropriated in this paragraph, $250,000
  1 28 shall be used to continue the efforts of the Iowa chronic care
  1 29 consortium pursuant to 2003 Iowa Acts, chapter 112, section
  1 30 12, as amended by 2003 Iowa Acts, chapter 179, sections 166
  1 31 and 167.
  1 32    b.  For child and family services including for
  1 33 reimbursement of adoption, independent living, shelter care,
  1 34 and home studies services providers, and other service
  1 35 providers under the purview of the department of human
  2  1 services:
  2  2 .................................................. $  3,761,677
  2  3    c.  To continue supplementation of the state supplementary
  2  4 assistance program including reimbursements for residential
  2  5 care facilities and in=home health services:
  2  6 .................................................. $    182,381
  2  7    d.  For general administration of health=related programs:
  2  8 .................................................. $    274,000
  2  9    2.  To the Iowa department of public health:
  2 10    a.  For the tobacco use prevention and control initiative,
  2 11 including efforts at the state and local levels, as provided
  2 12 in chapter 142A and for not more than the following full=time
  2 13 equivalent positions:
  2 14 .................................................. $  5,928,465
  2 15 ............................................... FTEs       7.00
  2 16    (1)  The director of public health shall dedicate
  2 17 sufficient resources to promote and ensure retailer compliance
  2 18 with tobacco laws and ordinances relating to persons under 18
  2 19 years of age, and shall prioritize the state's compliance in
  2 20 the allocation of available funds to comply with 42 U.S.C. }
  2 21 300x=26 and section 453A.2.
  2 22    (2)  Of the full=time equivalent positions funded in this
  2 23 paragraph "a", two full=time equivalent positions shall be
  2 24 utilized to provide for enforcement of tobacco laws,
  2 25 regulations, and ordinances under a chapter 28D agreement
  2 26 entered into between the Iowa department of public health and
  2 27 the alcoholic beverages division of the department of
  2 28 commerce.
  2 29    (3)  Of the funds appropriated in this paragraph "a", not
  2 30 more than $525,759 shall be expended on administration and
  2 31 management of the program.
  2 32    (4)  Of the funds appropriated in this paragraph "a", not
  2 33 less than 80 percent of the amount expended in the fiscal year
  2 34 beginning July 1, 2001, for community partnerships shall be
  2 35 expended in the fiscal year beginning July 1, 2007, for that
  3  1 purpose.
  3  2    b.  For additional substance abuse treatment under the
  3  3 substance abuse treatment program:
  3  4 .................................................. $ 13,800,000
  3  5    (1)  The department shall use funds appropriated in this
  3  6 paragraph "b" to enhance the quality of and to expand the
  3  7 capacity to provide 24=hour substance abuse treatment
  3  8 programs.
  3  9    (2)  The department shall use funds appropriated in this
  3 10 paragraph "b" to expand the length of individual client
  3 11 substance abuse treatment plans, as necessary to reduce
  3 12 program recidivism.
  3 13    (3)  The department shall use funds appropriated in this
  3 14 paragraph "b" to share research=based best practices for
  3 15 treatment with substance abuse treatment facilities.
  3 16    (4)  The department shall use funds appropriated in this
  3 17 paragraph "b" to develop a results=based funding approach for
  3 18 substance abuse treatment services.
  3 19    (5)  The department shall use funds appropriated in this
  3 20 paragraph "b" to develop a program to encourage individuals
  3 21 who are successfully managing their substance abuse problems
  3 22 to serve as role models.
  3 23    (6)  The department shall submit a report annually by March
  3 24 1, to the governor and the general assembly delineating the
  3 25 success rates of the substance abuse treatment programs that
  3 26 receive funding under this paragraph "b".
  3 27    c.  For the healthy Iowans 2010 plan within the Iowa
  3 28 department of public health and for not more than the
  3 29 following full=time equivalent positions:
  3 30 .................................................. $  2,509,960
  3 31 ............................................... FTEs       4.00
  3 32    (1)  Of the funds appropriated in this paragraph "c", not
  3 33 more than $1,157,482 shall be used for essential public health
  3 34 services that promote healthy aging throughout the lifespan,
  3 35 contracted through a formula for local boards of health, to
  4  1 enhance health promotion and disease prevention services.
  4  2    (2)  Of the funds appropriated in this paragraph "c", not
  4  3 more than $387,320 shall be used for the continuation and
  4  4 support of a coordinated system of delivery of trauma and
  4  5 emergency medical services.
  4  6    (3)  Of the funds appropriated in this paragraph "c", not
  4  7 more than $600,000 shall be used for the state poison control
  4  8 center.
  4  9    (4)  Of the funds appropriated in this paragraph "c", not
  4 10 more than $288,770 shall be used for the development of
  4 11 scientific and medical expertise in environmental
  4 12 epidemiology.
  4 13    (5)  Of the funds appropriated in this paragraph "c", not
  4 14 more than $76,388 shall be used for the childhood lead
  4 15 poisoning prevention program.
  4 16    d.  For the automated external defibrillator grant program
  4 17 established pursuant to section 135.26:
  4 18 .................................................. $     40,000
  4 19    e.  For the center for congenital and inherited disorders
  4 20 established pursuant to section 136A.3:
  4 21 .................................................. $     26,000
  4 22    f.  For a grant program to provide substance abuse
  4 23 prevention programming for children:
  4 24 .................................................. $  1,050,000
  4 25    (1)  Of the funds appropriated in this paragraph "f",
  4 26 $500,000 shall be utilized to provide funding for
  4 27 organizations that provide programming for children by
  4 28 utilizing mentors.  Programs approved for grants under this
  4 29 subparagraph (1) shall be certified or will be certified
  4 30 within six months of receiving the grant award by the Iowa
  4 31 commission on volunteer services as utilizing the standards
  4 32 for effective practice for mentoring programs.
  4 33    (2)  Of the funds appropriated in this paragraph "f",
  4 34 $500,000 shall be utilized to provide funding for
  4 35 organizations that provide programming that includes youth
  5  1 development and leadership.  The programs shall also be
  5  2 recognized as being programs that are scientifically based
  5  3 with evidence of their effectiveness in reducing substance
  5  4 abuse in children.
  5  5    (3)  The Iowa department of public health shall utilize a
  5  6 request for proposals process to implement the program under
  5  7 this paragraph "f".
  5  8    (4)  All grant recipients under this paragraph "f" shall
  5  9 participate in a program evaluation as a requirement for
  5 10 receiving grant funds.
  5 11    (5)  Of the funds appropriated in this paragraph "f",
  5 12 $50,000 shall be used to administer substance abuse prevention
  5 13 grants and for program evaluations.
  5 14    g.  For providing grants to individual patients who have
  5 15 phenylketonuria (PKU) to assist with the costs of necessary
  5 16 special foods:
  5 17 .................................................. $    100,000
  5 18    h.  For additional funding to leverage federal funding
  5 19 through the federal Ryan White Care Act, Title II, AIDS drug
  5 20 assistance program supplemental drug treatment grants:
  5 21 .................................................. $    275,000
  5 22    i.  For a grant to an existing national=affiliated
  5 23 organization to provide education, client=centered programs,
  5 24 and client and family support for people living with epilepsy
  5 25 and their families:
  5 26 .................................................. $    100,000
  5 27    3.  To the department of corrections:
  5 28 .................................................. $  4,006,474
  5 29    a.  Of the funds appropriated in this subsection, $228,216
  5 30 is allocated to the first judicial district department of
  5 31 correctional services.  Of the funds allocated, $100,000 shall
  5 32 be used for community=based corrections, and $128,216 shall be
  5 33 used to replace expired federal funding for dual diagnosis
  5 34 offenders.
  5 35    b.  Of the funds appropriated in this subsection, $406,217
  6  1 is allocated to the second judicial district department of
  6  2 correctional services.  Of the funds allocated, $100,000 shall
  6  3 be used for community=based corrections and $306,217 shall be
  6  4 used to replace expired federal funding for day programming
  6  5 and to replace expired federal funding for the drug court
  6  6 program with $50,000 of this amount being used for substance
  6  7 abuse treatment.
  6  8    c.  Of the funds appropriated in this subsection, $200,359
  6  9 is allocated to the third judicial district department of
  6 10 correctional services.  Of the funds allocated, $100,000 shall
  6 11 be used for community=based corrections, and $100,359 shall be
  6 12 used to replace expired federal funding for the drug court
  6 13 program.
  6 14    d.  Of the funds appropriated in this subsection, $291,731
  6 15 is allocated to the fourth judicial district department of
  6 16 correctional services.  Of the funds allocated, $100,000 shall
  6 17 be used for community=based corrections, and $191,731 shall be
  6 18 used for the drug court program.
  6 19    e.  Of the funds appropriated in this subsection, $355,693
  6 20 is allocated to the fifth judicial district department of
  6 21 correctional services.  Of the funds allocated, $100,000 shall
  6 22 be used for community=based corrections, and $255,693 shall be
  6 23 used to replace expired federal funding for the drug court
  6 24 program.
  6 25    f.  Of the funds appropriated in this subsection, $494,741
  6 26 is allocated to the sixth judicial district department of
  6 27 correctional services.  Of the funds allocated, $100,000 shall
  6 28 be used for community=based corrections, $64,741 shall be used
  6 29 to replace expired federal funding for dual diagnosis
  6 30 offenders, and $330,000 shall be used to establish drug court
  6 31 programs in Johnson and Linn counties.
  6 32    g.  Of the funds appropriated in this subsection, $232,232
  6 33 is allocated to the seventh judicial district department of
  6 34 correctional services.  Of the funds allocated, $100,000 shall
  6 35 be used for community=based corrections, and $132,232 shall be
  7  1 used to replace expired federal funding for the drug court
  7  2 program.
  7  3    h.  Of the funds appropriated in this subsection, $300,000
  7  4 is allocated to the eighth judicial district department of
  7  5 correctional services.  Of the funds allocated, $100,000 shall
  7  6 be used for community=based corrections, and $200,000 shall be
  7  7 used to implement an adult drug court program.
  7  8    i.  Of the funds appropriated in this subsection,
  7  9 $1,497,285 is allocated to the Fort Madison correctional
  7 10 facility for the clinical care unit.
  7 11    Sec. 2.  PURCHASE OF SERVICE CONTRACT PROVIDERS ==
  7 12 REIMBURSEMENT INCREASE.  There is appropriated from the
  7 13 healthy Iowans tobacco trust created in section 12.65 to the
  7 14 property tax relief fund created in section 426B.1 for the
  7 15 fiscal year beginning July 1, 2007, and ending June 30, 2008,
  7 16 the following amount, or so much thereof as is necessary, to
  7 17 be used for the purposes designated:
  7 18    For assistance to the counties with limited county mental
  7 19 health, mental retardation, and developmental disabilities
  7 20 services fund balances which were selected in accordance with
  7 21 2000 Iowa Acts, chapter 1221, section 3, to receive such
  7 22 assistance in the same amount provided during the fiscal year
  7 23 beginning July 1, 2000, and ending June 30, 2001, to pay
  7 24 reimbursement increases in accordance with 2000 Iowa Acts,
  7 25 chapter 1221, section 3:
  7 26 .................................................. $    146,750
  7 27    Sec. 3.  IOWA EMPOWERMENT FUND.  There is appropriated from
  7 28 the healthy Iowans tobacco trust created in section 12.65, to
  7 29 the Iowa empowerment fund created in section 28.9 for the
  7 30 fiscal year beginning July 1, 2007, and ending June 30, 2008,
  7 31 for deposit in the school ready children grants account:
  7 32 .................................................. $  2,153,250
  7 33    Sec. 4.  IOWA COMMISSION ON VOLUNTEER SERVICES.  There is
  7 34 appropriated from the healthy Iowans tobacco trust created in
  7 35 section 12.65 to the department of economic development for
  8  1 the fiscal year beginning July 1, 2007, and ending June 30,
  8  2 2008, the following amount, or so much thereof as is
  8  3 necessary, to be used for the purpose designated:
  8  4    For allocation to the Iowa commission on volunteer services
  8  5 for the Iowa's promise and mentoring partnership program and
  8  6 for not more than the following full=time equivalent
  8  7 positions:
  8  8 .................................................. $    125,000
  8  9 ............................................... FTEs       1.00
  8 10    Sec. 5.  DEPARTMENT OF EDUCATION.  There is appropriated
  8 11 from the healthy Iowans tobacco trust created in section
  8 12 12.65, to the department of education for the fiscal year
  8 13 beginning July 1, 2007, and ending June 30, 2008, the
  8 14 following amount, or so much thereof as is necessary, to be
  8 15 used for the purpose designated:
  8 16    To continue the competitive grants program to expand the
  8 17 availability of before and after school programs as provided
  8 18 in section 256.26, if enacted by the Eighty=second General
  8 19 Assembly, 2007 Session:
  8 20 .................................................. $    305,000
  8 21    Sec. 6.  ENDOWMENT FOR IOWA'S HEALTH ACCOUNT == TRANSFER.
  8 22 In addition to the amount transferred pursuant to section
  8 23 12E.12, subsection 1, paragraph "b", subparagraph (2),
  8 24 subparagraph subdivision (b), $9,100,000 is transferred from
  8 25 the endowment for Iowa's health account of the tobacco
  8 26 settlement trust fund created in section 12E.12 to the healthy
  8 27 Iowans tobacco trust created in section 12.65 for the fiscal
  8 28 year beginning July 1, 2007, and ending June 30, 2008.
  8 29    Sec. 7.  2006 Iowa Acts, chapter 1181, section 1,
  8 30 subsection 2, paragraph e, is amended to read as follows:
  8 31    e.  For the automated external defibrillator grant program
  8 32 established pursuant to section 135.26:
  8 33 .................................................. $    350,000
  8 34    Notwithstanding section 8.33, moneys appropriated in this
  8 35 paragraph "e" that remain unencumbered or unobligated at the
  9  1 close of the fiscal year shall not revert but shall remain
  9  2 available for expenditure for the purpose designated until the
  9  3 close of the succeeding fiscal year.
  9  4    Sec. 8.  EFFECTIVE DATE.  The section of this Act amending
  9  5 2006 Iowa Acts, chapter 1181, being deemed of immediate
  9  6 importance, takes effect upon enactment.
  9  7 HF 907
  9  8 pf:mg/jg/25