Senate File 533 - Reprinted SENATE FILE 533 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1210) (As Amended and Passed by the Senate May 3, 2011 ) A BILL FOR An Act relating to state and local finances by providing for 1 funding of property tax credits and reimbursements, by 2 making and adjusting appropriations, providing for salaries 3 and compensation of state employees, providing for matters 4 relating to tax credits, providing for fees and penalties, 5 providing for legal responsibilities, and providing for 6 properly related matters, and including effective date and 7 retroactive and other applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 SF 533 (5) 84 tm/jp

S.F. 533 DIVISION I 1 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2012-2013 2 Section 1. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING 3 —— FY 2012-2013. Notwithstanding section 331.439, subsection 4 3, the allowed growth factor adjustment for county mental 5 health, mental retardation, and developmental disabilities 6 service expenditures for the fiscal year beginning July 7 1, 2012, shall be established by statute which shall be 8 enacted within thirty calendar days of the convening of the 9 Eighty-fourth General Assembly, 2012 Session, on January 9, 10 2012. The governor shall submit to the general assembly a 11 recommendation for such allowed growth factor adjustment and 12 the amounts of related appropriations to the general assembly 13 on or before January 9, 2012. 14 DIVISION II 15 STANDING APPROPRIATIONS AND RELATED MATTERS 16 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2012-2013. 17 1. For the budget process applicable to the fiscal year 18 beginning July 1, 2012, on or before October 1, 2011, in lieu 19 of the information specified in section 8.23, subsection 1 , 20 unnumbered paragraph 1, and paragraph “a”, all departments and 21 establishments of the government shall transmit to the director 22 of the department of management, on blanks to be furnished by 23 the director, estimates of their expenditure requirements, 24 including every proposed expenditure, for the ensuing fiscal 25 year, together with supporting data and explanations as called 26 for by the director of the department of management after 27 consultation with the legislative services agency. 28 2. The estimates of expenditure requirements shall be 29 in a form specified by the director of the department of 30 management, and the expenditure requirements shall include all 31 proposed expenditures and shall be prioritized by program or 32 the results to be achieved. The estimates shall be accompanied 33 by performance measures for evaluating the effectiveness of the 34 programs or results. 35 -1- SF 533 (5) 84 tm/jp 1/ 38

S.F. 533 Sec. 3. LIMITATION OF STANDING APPROPRIATIONS. 1 Notwithstanding the standing appropriations in the following 2 designated sections for the fiscal year beginning July 1, 2011, 3 and ending June 30, 2012, the amounts appropriated from the 4 general fund of the state pursuant to these sections for the 5 following designated purposes shall not exceed the following 6 amounts: 7 1. For performance of duty by the executive council in 8 sections 7D.29, 8A.321, and 29C.20: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,712,105 10 2. For operational support grants and community cultural 11 grants under section 99F.11, subsection 3 , paragraph “d”, 12 subparagraph (1): 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 14 3. For regional tourism marketing under section 99F.11, 15 subsection 3 , paragraph “d”, subparagraph (2): 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 17 4. For the center for congenital and inherited disorders 18 central registry under section 144.13A, subsection 4 , paragraph 19 “a”: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 21 5. For primary and secondary child abuse prevention 22 programs under section 144.13A, subsection 4 , paragraph “a”: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 24 6. For programs for at-risk children under section 279.51 : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,493,891 26 The amount of any reduction in this subsection shall be 27 prorated among the programs specified in section 279.51, 28 subsection 1 , paragraphs “a”, “b”, and “c”. 29 7. For payment for nonpublic school transportation under 30 section 285.2 : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 32 If total approved claims for reimbursement for nonpublic 33 school pupil transportation exceed the amount appropriated in 34 accordance with this subsection, the department of education 35 -2- SF 533 (5) 84 tm/jp 2/ 38

S.F. 533 shall prorate the amount of each approved claim. 1 8. For reimbursement for the homestead property tax credit 2 under section 425.1 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 4 9. For reimbursement for the family farm and agricultural 5 land tax credits under sections 425A.1 and 426.1 : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 7 10. For the enforcement of chapter 453D relating to tobacco 8 product manufacturers under section 453D.8 : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 10 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— FY 2011-2012. In 11 lieu of the appropriation provided in section 257.20, 12 subsection 2, the appropriation for the fiscal year 13 beginning July 1, 2011, and ending June 30, 2012, for paying 14 instructional support state aid under section 257.20 for fiscal 15 year 2011-2012 is zero. 16 Sec. 5. Section 256.30, unnumbered paragraph 1, Code 2011, 17 is amended by striking the unnumbered paragraph and inserting 18 in lieu thereof the following: 19 For the fiscal year beginning July 1, 2011, and ending 20 June 30, 2012, and for each succeeding fiscal year, there 21 is appropriated from the general fund of the state to the 22 department the sum of one hundred thousand dollars. The 23 department shall distribute the appropriation to the tribal 24 council of the Sac and Fox Indian settlement for expenses of 25 educating American Indian children residing in the Sac and Fox 26 Indian settlement on land held in trust by the secretary of 27 the interior of the United States in excess of federal moneys 28 paid to the tribal council for educating the American Indian 29 children when moneys are appropriated for that purpose. The 30 tribal council shall administer the moneys distributed pursuant 31 to this section and shall submit an annual report and other 32 reports as required by the department to the department on the 33 expenditure of the moneys. 34 Sec. 6. Section 257.35, Code 2011, is amended by adding the 35 -3- SF 533 (5) 84 tm/jp 3/ 38

S.F. 533 following new subsection: 1 NEW SUBSECTION . 5A. Notwithstanding subsection 1, and in 2 addition to the reduction applicable pursuant to subsection 3 2, the state aid for area education agencies and the portion 4 of the combined district cost calculated for these agencies 5 for the fiscal year beginning July 1, 2011, and ending June 6 30, 2012, shall be reduced by the department of management by 7 ten million dollars. The reduction for each area education 8 agency shall be prorated based on the reduction that the agency 9 received in the fiscal year beginning July 1, 2003. 10 DIVISION III 11 SALARIES, COMPENSATION, AND RELATED MATTERS 12 Sec. 7. APPOINTED STATE OFFICERS. 13 1. The governor shall establish a salary for appointed 14 nonelected persons in the executive branch of state government 15 holding a position enumerated in and within the salary 16 ranges provided in 2008 Iowa Acts, chapter 1191, section 14, 17 by considering, among other items, the experience of the 18 individual in the position, changes in the duties of the 19 position, the incumbent’s performance of assigned duties, and 20 subordinates’ salaries. However, the attorney general shall 21 establish the salary for the consumer advocate, the chief 22 justice of the supreme court shall establish the salary for the 23 state court administrator, the ethics and campaign disclosure 24 board shall establish the salary of the executive director, and 25 the Iowa public broadcasting board shall establish the salary 26 of the administrator of the public broadcasting division of the 27 department of education, each within the salary range provided 28 in 2008 Iowa Acts, chapter 1191, section 14. 29 2. The governor, in establishing salaries as provided in 30 this section, shall take into consideration other employee 31 benefits which may be provided for an individual including but 32 not limited to housing. 33 3. A person whose salary is established pursuant to this 34 section and who is a full-time, year-round employee of the 35 -4- SF 533 (5) 84 tm/jp 4/ 38

S.F. 533 state shall not receive any other remuneration from the state 1 or from any other source for the performance of that person’s 2 duties unless the additional remuneration is first approved by 3 the governor or authorized by law. However, this provision 4 does not exclude the reimbursement for necessary travel and 5 expenses incurred in the performance of duties or fringe 6 benefits normally provided to employees of the state. 7 Sec. 8. 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, 2011, and ending June 30, 11 2012, 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 -5- SF 533 (5) 84 tm/jp 5/ 38

S.F. 533 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. 9. NONCONTRACT STATE EMPLOYEES —— GENERAL. 22 1. For the fiscal year beginning July 1, 2011: 23 a. The maximum and minimum salary levels of all pay plans 24 provided for in section 8A.413, subsection 3, as they exist for 25 the fiscal year ending June 30, 2011, shall not increase. 26 b. The pay plans for state employees who are exempt 27 from chapter 8A, subchapter IV, and who are included in the 28 department of administrative services’ centralized payroll 29 system shall not be increased, and any additional changes 30 in any executive branch pay plans shall be approved by the 31 governor. 32 2. This section does not apply to members of the general 33 assembly, board members, commission members, persons whose 34 salaries are set by the general assembly pursuant to this Act 35 -6- SF 533 (5) 84 tm/jp 6/ 38

S.F. 533 or are set by the governor, or other persons designated in the 1 section of this division of this Act addressing appointed state 2 officers, employees designated under section 8A.412, subsection 3 5, and employees covered by 11 IAC 53.6(3). 4 3. The pay plans for the bargaining eligible employees of 5 the state shall not be increased, and any additional changes 6 in such executive branch pay plans shall be approved by the 7 governor. As used in this section, “bargaining eligible 8 employee” means an employee who is eligible to organize under 9 chapter 20, but has not done so. 10 4. The policies for implementation of this section shall be 11 approved by the governor. 12 Sec. 10. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 13 the fiscal year beginning July 1, 2011, and ending June 30, 14 2012, funds shall be provided from available sources of the 15 state board of regents for funding of collective bargaining 16 agreements for state board of regents employees covered by 17 such agreements and for the following state board of regents 18 employees not covered by a collective bargaining agreement: 19 1. Regents merit system employees and merit supervisory 20 employees. 21 2. Faculty members and professional and scientific 22 employees. 23 Sec. 11. BONUS PAY. For the fiscal year beginning July 24 1, 2011, and ending June 30, 2012, employees of the executive 25 branch, judicial branch, and legislative branch shall not 26 receive bonus pay unless otherwise authorized by law, required 27 pursuant to a contract of employment entered into before July 28 1, 2011, or required pursuant to a collective bargaining 29 agreement. This section does not apply to employees of the 30 state board of regents. For purposes of this section, “bonus 31 pay” means any additional remuneration provided an employee in 32 the form of a bonus, including but not limited to a retention 33 bonus, recruitment bonus, exceptional job performance pay, 34 extraordinary job performance pay, exceptional performance pay, 35 -7- SF 533 (5) 84 tm/jp 7/ 38

S.F. 533 extraordinary duty pay, or extraordinary or special duty pay, 1 and any extra benefit not otherwise provided to other similarly 2 situated employees. 3 Sec. 12. SPECIAL FUNDS. For the fiscal year beginning July 4 1, 2011, and ending June 30, 2012, salary adjustments otherwise 5 provided for in this Act may be funded using departmental 6 revolving, trust, or special funds for which the general 7 assembly has established an operating budget, provided doing so 8 does not exceed the operating budget established by the general 9 assembly. 10 Sec. 13. FEDERAL FUNDS APPROPRIATED. For the fiscal year 11 beginning July 1, 2011, all federal grants to and the federal 12 receipts of the agencies affected by this division of this Act 13 which are received and may be expended for purposes of this 14 division of this Act are appropriated for those purposes and as 15 set forth in the federal grants or receipts. 16 Sec. 14. STATE TROOPER MEAL ALLOWANCE. For the fiscal 17 year beginning July 1, 2011, the sworn peace officers in the 18 department of public safety who are not covered by a collective 19 bargaining agreement negotiated pursuant to chapter 20 shall 20 receive the same per diem meal allowance as the sworn peace 21 officers in the department of public safety who are covered 22 by a collective bargaining agreement negotiated pursuant to 23 chapter 20. 24 Sec. 15. SALARY MODEL ADMINISTRATOR. The salary model 25 administrator shall work in conjunction with the legislative 26 services agency to maintain the state’s salary model used for 27 analyzing, comparing, and projecting state employee salary 28 and benefit information, including information relating to 29 employees of the state board of regents. The department of 30 revenue, the department of administrative services, the five 31 institutions under the jurisdiction of the state board of 32 regents, the judicial district departments of correctional 33 services, and the state department of transportation shall 34 provide salary data to the department of management and the 35 -8- SF 533 (5) 84 tm/jp 8/ 38

S.F. 533 legislative services agency to operate the state’s salary 1 model. The format and frequency of provision of the salary 2 data shall be determined by the department of management and 3 the legislative services agency. The information shall be 4 used in collective bargaining processes under chapter 20 and 5 in calculating the funding needs contained within the annual 6 salary adjustment legislation. A state employee organization 7 as defined in section 20.3, subsection 4, may request 8 information produced by the model, but the information provided 9 shall not contain information attributable to individual 10 employees. 11 DIVISION IV 12 CORRECTIVE PROVISIONS 13 Sec. 16. Section 8.6, subsection 9A, as enacted by 2011 Iowa 14 Acts, House File 45, section 39, is amended to read as follows: 15 9A. Budget and tax rate databases. To develop and make 16 available to the public a searchable budget database and 17 internet site as required under chapter 8G, division subchapter 18 I , and to develop and make available to the public a searchable 19 tax rate database and internet site as required under chapter 20 8G, division subchapter II . 21 Sec. 17. Section 8.57E, subsection 3, paragraph a, as 22 enacted by 2011 Iowa Acts, Senate File 209, section 30, is 23 amended to read as follows: 24 a. Moneys in the taxpayer’s taxpayers trust fund may be 25 used for cash flow purposes during a fiscal year provided that 26 any moneys so allocated are returned to the fund by the end of 27 that fiscal year. 28 Sec. 18. Section 8G.13, as enacted by 2011 Iowa Acts, House 29 File 45, section 50, is amended to read as follows: 30 8G.13 Updating database. 31 To facilitate the department of management’s efforts in 32 creating and maintaining a searchable database of the taxes 33 identified in section 8G.12, subsection 3 1 , for all taxing 34 jurisdictions in the state, each taxing jurisdiction may 35 -9- SF 533 (5) 84 tm/jp 9/ 38

S.F. 533 annually be required to report its tax rates to the department 1 of management or the department of revenue and shall report any 2 changes to its tax rates within thirty days of the change. 3 Sec. 19. Section 16.193, subsection 3, paragraph a, Code 4 2011, as amended by 2011 Iowa Acts, Senate File 475, section 5 11, is amended to read as follows: 6 a. During the term of the Iowa jobs program and Iowa jobs 7 II program, the Iowa finance authority shall collect data on 8 all of the projects approved for the program programs . The 9 department of management and the state agencies associated 10 with the projects shall assist the authority with the data 11 collection and in developing the report required by this 12 subsection . The authority shall report quarterly to the 13 governor and the general assembly concerning the data. 14 Sec. 20. Section 68A.401, subsection 4, Code 2011, as 15 amended by 2011 Iowa Acts, Senate File 475, section 17, is 16 amended to read as follows: 17 4. Political committees expressly advocating the 18 nomination, election, or defeat of candidates for both 19 federal office and any elected office created by law or the 20 Constitution of the State of Iowa shall file statements and 21 reports with the board in addition to any federal reports 22 required to be filed with the board. However, a political 23 committee that is registered and filing full disclosure 24 reports of all financial activities with the federal election 25 commission may file verified statements as provided in section 26 68B.201A 68A.201A . 27 Sec. 21. Section 139A.19, subsection 3, as enacted by 2011 28 Iowa Acts, House File 467, section 20, is amended to read as 29 follows: 30 3. This section does not preclude a hospital, clinic, other 31 health facility, or a health care provider from providing 32 notification to a care provider under circumstances in 33 which the hospital’s, clinic’s, other health facility’s, or 34 health care provider’s policy provides for notification of 35 -10- SF 533 (5) 84 tm/jp 10/ 38

S.F. 533 the hospital’s, clinics clinic’s , other health facility’s, 1 or health care provider’s own employees of exposure to a 2 contagious or infectious disease that is not life-threatening 3 if the notice does not reveal a patient’s name, unless the 4 patient consents. 5 Sec. 22. Section 175.3, subsection 1, paragraph a, Code 6 2011, as amended by 2011 Iowa Acts, Senate File 429, section 1, 7 is amended to read as follows: 8 a. The agricultural development authority is established 9 within the department of agriculture and land stewardship. The 10 agency authority is constituted as a public instrumentality 11 and agency of the state exercising public and essential 12 governmental functions. 13 Sec. 23. Section 207.22, subsection 3, paragraph b, Code 14 2011, as amended by 2011 Iowa Acts, Senate File 475, section 15 47, is amended to read as follows: 16 b. Acquisition of coal refuse disposal sites and all 17 coal refuse thereon will serve the purposes of Tit. IV of 18 Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, 19 subch. IV, or that public ownership is desirable to meet 20 emergency situations and prevent recurrences of the adverse 21 effect of past coal mining practices. 22 Sec. 24. Section 232.71D, subsection 3, paragraph a, 23 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, House 24 File 562, section 3, is amended to read as follows: 25 Unless any of the circumstances listed in paragraph “b” are 26 applicable, cases to which any of the following circumstances 27 apply shall not be placed on in the central registry: 28 Sec. 25. Section 256.7, subsection 26, paragraph a, 29 subparagraph (1), as enacted by 2011 Iowa Acts, Senate File 30 453, section 1, is amended to read as follows: 31 (1) The rules establishing high school graduation 32 requirements shall authorize a school district or 33 accredited nonpublic school to consider that any student who 34 satisfactorily completes a high school-level unit of English 35 -11- SF 533 (5) 84 tm/jp 11/ 38

S.F. 533 or language arts, mathematics, science, or social studies has 1 satisfactorily completed a unit of the high school graduation 2 requirements for that area as specified in this lettered 3 paragraph, and to shall authorize the school district or 4 accredited nonpublic school to issue high school credit for the 5 unit to the student. 6 Sec. 26. Section 327B.5, Code 2011, is amended to read as 7 follows: 8 327B.5 Penalty. 9 Any person violating the provisions of this chapter shall, 10 upon conviction, be subject to a scheduled fine as provided in 11 section 805.8A, subsection 13 , paragraphs paragraph “f” and “g” . 12 Sec. 27. Section 483A.24A, Code 2011, as amended by 2011 13 Iowa Acts, Senate File 194, section 10, is amended to read as 14 follows: 15 483A.24A License refunds —— military service. 16 Notwithstanding any provision of this chapter to the 17 contrary, a service member deployed for military service, both 18 as defined in section 29A.1, subsection 3 , shall receive a 19 refund of that portion of any license fee paid by the service 20 member representing the service member’s period of military 21 service. 22 Sec. 28. Section 501.101, subsection 01, as enacted by 2011 23 Iowa Acts, House File 348, section 7, is amended to read as 24 follows: 25 01. “Alternative voting method” means a method of voting 26 other than a written ballot, including voting by electronic, 27 telephonic, internet, or other means that reasonably allow 28 allows members the opportunity to vote. 29 Sec. 29. Section 501A.703, subsection 5, paragraph d, Code 30 2011, as amended by 2011 Iowa Acts, House File 348, section 19, 31 is amended to read as follows: 32 d. If the ballot of the member is received by the 33 cooperative on or before the date of the regular members’ 34 meeting or as otherwise prescribed for an alternative , voting 35 -12- SF 533 (5) 84 tm/jp 12/ 38

S.F. 533 method, the ballot or alternative voting method shall be 1 accepted and counted as the vote of the absent member. 2 Sec. 30. Section 511.8, subsection 22, paragraph i, 3 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, Senate 4 File 406, section 25, is amended to read as follows: 5 Securities held in the legal reserve of a life insurance 6 company or association pledged as collateral for financial 7 instruments used in highly effective hedging transactions as 8 defined in the national association of insurance commissioners’ 9 Statement statement of Statutory Accounting Principles No. 10 statutory accounting principles no. 86 shall continue to 11 be eligible for inclusion on in the legal reserve of the 12 life insurance company or association subject to all of the 13 following: 14 Sec. 31. Section 514J.109, subsection 3, paragraph f, 15 if enacted by 2011 Iowa Acts, House File 597, section 9, is 16 amended to read as follows: 17 f. The covered person or the covered person’s authorized 18 representative has provided all the information and forms 19 required by the commissioner that are necessary to process an 20 external review request pursuant to this section. 21 Sec. 32. Section 521F.4, subsection 1, paragraph b, as 22 enacted by 2011 Iowa Acts, Senate File 406, section 44, is 23 amended to read as follows: 24 b. The filing of a risk-based capital report by a health 25 organization which indicates that the health organization has 26 total adjusted capital which is greater than or equal to its 27 company-action-level risk-based capital but less than the 28 product of its authorized-control-level risk-based capital and 29 three and triggers the trend test determined in accordance with 30 the trend test calculations calculation included in the health 31 risk-based capital instructions. 32 Sec. 33. Section 524.310, subsection 5, paragraph b, Code 33 2011, as amended by 2011 Iowa Acts, Senate File 475, section 34 120, is amended to read as follows: 35 -13- SF 533 (5) 84 tm/jp 13/ 38

S.F. 533 b. A corporate or company name reserved, registered, or 1 protected as provided in section 489.109, 490.402 , 490.403 , 2 490A.402 , 504.402 , or 504.403 . 3 Sec. 34. Section 717.3, subsection 5, paragraph b, Code 4 2011, as enacted by 2011 Iowa Acts, Senate File 478, section 6, 5 is amended to read as follows: 6 b. That the department shall assume supervision of and 7 provide for the sustenance of the livestock and as provided in 8 section 717.4. 9 Sec. 35. Section 717.4, subsection 2, as enacted by 2011 10 Iowa Acts, Senate File 478, section 7, is amended to read as 11 follows: 12 2. The court ordered lien shall be for the benefit of the 13 department. The amount of the lien shall not be not more than 14 for expenses incurred in providing sustenance to the livestock 15 pursuant to section 717.3 and providing for the disposition of 16 the livestock pursuant to section 717.5. 17 Sec. 36. Section 717.4A, as enacted by 2011 Iowa Acts, 18 Senate File 478, section 8, is amended to read as follows: 19 717.4A Livestock in immediate need of sustenance —— livestock 20 remediation fund. 21 The department may utilize the moneys deposited into the 22 livestock remediation fund pursuant to section 459.501 to pay 23 for any expenses associated with providing sustenance to or 24 the disposition of the livestock pursuant to a court order 25 entered pursuant to section 717.3 or 717.5. The department 26 shall utilize moneys from the fund only to the extent that 27 the department determines that expenses cannot be timely 28 paid by utilizing the available provisions of sections 717.4 29 and 717.5. The department shall deposit any unexpended and 30 unobligated moneys in the fund. The department shall pay to 31 the fund the proceeds from the disposition of the livestock and 32 associated products less expenses incurred by the department in 33 providing for the sustenance and disposition of the livestock, 34 as provided in section 717.5. 35 -14- SF 533 (5) 84 tm/jp 14/ 38

S.F. 533 DIVISION V 1 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 2 Sec. 37. VISION SCREENING PROGRAM —— DEPARTMENT OF PUBLIC 3 HEALTH. There is appropriated from the general fund of the 4 state to the department of public health for the fiscal year 5 beginning July 1, 2011, and ending June 30, 2012, the following 6 amount, or so much thereof as is necessary, to be used for the 7 purposes designated: 8 For a grant to a national affiliated volunteer eye 9 organization that has an established program for children and 10 adults and that is solely dedicated to preserving sight and 11 preventing blindness through education, nationally certified 12 vision screening and training, and community and patient 13 service programs: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 15 Sec. 38. APPROPRIATION —— FARMERS WITH DISABILITIES. There 16 is appropriated from the general fund of the state to the 17 department of agriculture and land stewardship for the fiscal 18 year beginning July 1, 2011, and ending June 30, 2012, the 19 following amount, or so much thereof as is necessary, for a 20 program for farmers with disabilities: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,000 22 The moneys appropriated in this section shall be used 23 for the public purpose of providing a grant to a national 24 nonprofit organization with over 80 years of experience in 25 assisting children and adults with disabilities and special 26 needs. The moneys shall be used to support a nationally 27 recognized program that began in 1986 and has been replicated 28 in at least 30 other states, but which is not available through 29 any other entity in this state, and that provides assistance 30 to farmers with disabilities in all 99 counties to allow the 31 farmers to remain in their own homes and be gainfully engaged 32 in farming through provision of agricultural worksite and home 33 modification consultations, peer support services, services 34 to families, information and referral, and equipment loan 35 -15- SF 533 (5) 84 tm/jp 15/ 38

S.F. 533 services. Notwithstanding section 8.33, moneys appropriated 1 in this section that remain unencumbered or unobligated at the 2 close of the fiscal year shall not revert but shall remain 3 available for expenditure for the purposes designated until the 4 close of the succeeding fiscal year. 5 Sec. 39. APPROPRIATION —— BATTLESHIP IOWA, BB-61. 6 1. There is appropriated from the general fund of the state 7 to the department of cultural affairs for the fiscal year 8 beginning July 1, 2010, and ending June 30, 2011, the following 9 amount, or so much thereof as is necessary, to be credited to 10 the BB-61 fund created in 2010 Iowa Acts, chapter 1194: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 12 2. If the department of the navy, pursuant to a process 13 outlined in a notice published in the federal register on 14 May 24, 2010, volume 75, number 99, awards possession or 15 conditionally awards possession of the battleship Iowa, 16 BB-61, to a nonprofit group that is eligible to receive the 17 battleship, the department of cultural affairs shall award a 18 grant to the nonprofit group in an amount equal to $3 million 19 in addition to any moneys awarded as a grant from the BB-61 20 fund. 21 3. Notwithstanding section 8.33, moneys appropriated in 22 this section that remain unencumbered or unobligated at the 23 close of the fiscal year shall not revert but shall remain 24 available for expenditure for the purposes designated for 25 succeeding fiscal years. 26 Sec. 40. GROUP HOME GRANT. There is appropriated from the 27 general fund of the state to the Iowa finance authority for the 28 fiscal year beginning July 1, 2010, and ending June 30, 2011, 29 the following amount, or so much thereof as is necessary, to be 30 used for the purposes designated: 31 For a grant to a nonprofit organization providing 32 residential services for persons with an intellectual 33 disability at the intermediate care facility level and services 34 under the medical assistance program habilitation and brain 35 -16- SF 533 (5) 84 tm/jp 16/ 38

S.F. 533 injury home and community-based services waivers, that is 1 located in and providing such services in a county with a 2 population between 90,000 and 95,000, according to the latest 3 certified federal census: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 5 The grant under this section shall be used for purchase or 6 remodeling costs to develop a group home for not more than four 7 individuals with intellectual disabilities or brain injury. 8 Notwithstanding section 8.33, moneys appropriated in this 9 section that remain unencumbered or unobligated at the close of 10 the fiscal year shall not revert but shall remain available for 11 expenditure for the purposes designated until the close of the 12 succeeding fiscal year. 13 Sec. 41. INVESTIGATIONS DIVISION OF DEPARTMENT OF 14 INSPECTIONS AND APPEALS —— CONTINGENT FTE AUTHORIZATION. If 15 Senate File 313 or successor legislation providing for debt 16 setoff or other recovery activities for nonpayment of premiums 17 pursuant to section 249A.3, subsection 2, paragraph “a”, 18 subparagraph (1), relating to a special income eligibility 19 group under the Medicaid program, or pursuant to section 20 249J.8, subsection 1, relating to the expansion population 21 eligibility group under the IowaCare program, is enacted by 22 the Eighty-fourth General Assembly, 2011 Session, in addition 23 to other full-time equivalent positions authorized for the 24 investigations division of the department of inspections and 25 appeals for the fiscal year beginning July 1, 2011, not more 26 than 2.00 FTEs are authorized, to the extent funded through 27 moneys available to the department of human services, to 28 be used to implement such provisions of Senate File 313 or 29 successor legislation. 30 Sec. 42. SPECIAL EDUCATION INSTRUCTIONAL PROGRAM. If a 31 school district that is participating on a contractual basis 32 in a special education instructional program operated by an 33 area education agency, in which the area education agency 34 employed teachers on behalf of the school district at the time 35 -17- SF 533 (5) 84 tm/jp 17/ 38

S.F. 533 the department of management calculated the teacher salary 1 supplement cost per pupil under section 257.10, subsection 2 9, the professional development supplement cost per pupil 3 under section 257.10, subsection 10, the area education agency 4 teacher salary supplement cost per pupil under section 257.37A, 5 subsection 1, and the area education agency professional 6 development supplement cost per pupil under section 257.37A, 7 subsection 2, for the fiscal year beginning July 1, 2009, 8 terminates the contract for participation in the special 9 education instructional program, the area education agency 10 operating the program shall notify the department of management 11 of the contract termination by the following April 1. The 12 department of management shall recalculate the cost per 13 pupil amounts for the area education agency and the school 14 district for the fiscal year succeeding the notification 15 date for the teacher salary supplement cost per pupil under 16 section 257.10, subsection 9, the professional development 17 supplement cost per pupil under section 257.10, subsection 18 10, the area education agency teacher salary supplement cost 19 per pupil under section 257.37A, subsection 1, and the area 20 education agency professional development supplement cost 21 per pupil under section 257.37A, subsection 2, by estimating 22 the amount of the original allocations used in the cost per 23 pupil calculation that would have been allocated to the school 24 district rather than the area education agency had the special 25 education instructional program not existed, and the department 26 of management shall increase the annual supplement cost per 27 pupil for the school district and area education agency by the 28 appropriate allowable growth for the appropriate fiscal years. 29 Sec. 43. TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF 30 CHILDREN. 31 1. A task force on the prevention of sexual abuse of 32 children is established consisting of the following members: 33 a. Four members of the general assembly serving as ex 34 officio, nonvoting members, with not more than one member from 35 -18- SF 533 (5) 84 tm/jp 18/ 38