SF 533 (LSB 2784SV (5) 84)

SENATE FILE 533

BY  COMMITTEE ON APPROPRIATIONS

(SUCCESSOR TO SSB 1210)

(As Amended and Passed by the Senate 2011-05-03)

A BILL FOR

An Act relating to state and local finances by providing for funding of property tax credits and reimbursements, by making and adjusting appropriations, providing for salaries and compensation of state employees, providing for matters relating to tax credits, providing for fees and penalties, providing for legal responsibilities, and providing for properly related matters, and including effective date and retroactive and other applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2012-2013
    Section 1.  ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2012-2013.  Notwithstanding section 331.439, subsection 3, the allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities service expenditures for the fiscal year beginning July 1, 2012, shall be established by statute which shall be enacted within thirty calendar days of the convening of the Eighty-fourth General Assembly, 2012 Session, on January 9, 2012. The governor shall submit to the general assembly a recommendation for such allowed growth factor adjustment and the amounts of related appropriations to the general assembly on or before January 9, 2012.

DIVISION II

STANDING APPROPRIATIONS AND RELATED MATTERS
    Sec. 2.  BUDGET PROCESS FOR FISCAL YEAR 2012-2013.
   1.  For the budget process applicable to the fiscal year beginning July 1, 2012, on or before October 1, 2011, in lieu of the information specified in section 8.23, subsection 1, unnumbered paragraph 1, and paragraph “a”, all departments and establishments of the government shall transmit to the director of the department of management, on blanks to be furnished by the director, estimates of their expenditure requirements, including every proposed expenditure, for the ensuing fiscal year, together with supporting data and explanations as called for by the director of the department of management after consultation with the legislative services agency.
   2.  The estimates of expenditure requirements shall be in a form specified by the director of the department of management, and the expenditure requirements shall include all proposed expenditures and shall be prioritized by program or the results to be achieved. The estimates shall be accompanied by performance measures for evaluating the effectiveness of the programs or results.
    Sec. 3.  LIMITATION OF STANDING APPROPRIATIONS.  

Notwithstanding the standing appropriations in the following designated sections for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the amounts appropriated from the general fund of the state pursuant to these sections for the following designated purposes shall not exceed the following amounts:
   1.  For performance of duty by the executive council in sections 7D.29, 8A.321, and 29C.20:
.................................................. $ 30,712,105
   2.  For operational support grants and community cultural grants under section 99F.11, subsection 3, paragraph “d”, subparagraph (1):
.................................................. $    416,702
   3.  For regional tourism marketing under section 99F.11, subsection 3, paragraph “d”, subparagraph (2):
.................................................. $    810,306
   4.  For the center for congenital and inherited disorders central registry under section 144.13A, subsection 4, paragraph “a”:
.................................................. $    171,121
   5.  For primary and secondary child abuse prevention programs under section 144.13A, subsection 4, paragraph “a”:
.................................................. $    217,772
   6.  For programs for at-risk children under section 279.51:
.................................................. $ 11,493,891
   The amount of any reduction in this subsection shall be prorated among the programs specified in section 279.51, subsection 1, paragraphs “a”, “b”, and “c”.
   7.  For payment for nonpublic school transportation under section 285.2:
.................................................. $  7,060,931
   If total approved claims for reimbursement for nonpublic school pupil transportation exceed the amount appropriated in accordance with this subsection, the department of education shall prorate the amount of each approved claim.
   8.  For reimbursement for the homestead property tax credit under section 425.1:
.................................................. $ 86,188,387
   9.  For reimbursement for the family farm and agricultural land tax credits under sections 425A.1 and 426.1:
.................................................. $ 32,395,131
   10.  For the enforcement of chapter 453D relating to tobacco product manufacturers under section 453D.8:
.................................................. $     18,416
    Sec. 4.  INSTRUCTIONAL SUPPORT STATE AID —— FY 2011-2012.  In lieu of the appropriation provided in section 257.20, subsection 2, the appropriation for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for paying instructional support state aid under section 257.20 for fiscal year 2011-2012 is zero.
    Sec. 5.  Section 256.30, unnumbered paragraph 1, Code 2011, is amended by striking the unnumbered paragraph and inserting in lieu thereof the following:
   For the fiscal year beginning July 1, 2011, and ending June 30, 2012, and for each succeeding fiscal year, there is appropriated from the general fund of the state to the department the sum of one hundred thousand dollars. The department shall distribute the appropriation to the tribal council of the Sac and Fox Indian settlement for expenses of educating American Indian children residing in the Sac and Fox Indian settlement on land held in trust by the secretary of the interior of the United States in excess of federal moneys paid to the tribal council for educating the American Indian children when moneys are appropriated for that purpose. The tribal council shall administer the moneys distributed pursuant to this section and shall submit an annual report and other reports as required by the department to the department on the expenditure of the moneys.
    Sec. 6.  Section 257.35, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2011, and ending June 30, 2012, shall be reduced by the department of management by ten million dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003.

DIVISION III

SALARIES, COMPENSATION, AND RELATED MATTERS
    Sec. 7.  APPOINTED STATE OFFICERS.
   1.  The governor shall establish a salary for appointed nonelected persons in the executive branch of state government holding a position enumerated in and within the salary ranges provided in 2008 Iowa Acts, chapter 1191, section 14, by considering, among other items, the experience of the individual in the position, changes in the duties of the position, the incumbent’s performance of assigned duties, and subordinates’ salaries. However, the attorney general shall establish the salary for the consumer advocate, the chief justice of the supreme court shall establish the salary for the state court administrator, the ethics and campaign disclosure board shall establish the salary of the executive director, and the Iowa public broadcasting board shall establish the salary of the administrator of the public broadcasting division of the department of education, each within the salary range provided in 2008 Iowa Acts, chapter 1191, section 14.
   2.  The governor, in establishing salaries as provided in this section, shall take into consideration other employee benefits which may be provided for an individual including but not limited to housing.
   3.  A person whose salary is established pursuant to this section and who is a full-time, year-round employee of the state shall not receive any other remuneration from the state or from any other source for the performance of that person’s duties unless the additional remuneration is first approved by the governor or authorized by law. However, this provision does not exclude the reimbursement for necessary travel and expenses incurred in the performance of duties or fringe benefits normally provided to employees of the state.
    Sec. 8.  COLLECTIVE BARGAINING AGREEMENTS FUNDED.  The various state departments, boards, commissions, councils, and agencies, including the state board of regents, for the fiscal year beginning July 1, 2011, and ending June 30, 2012, shall provide from available sources pay adjustments, expense reimbursements, and related benefits to fully fund the following:
   1.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the blue collar bargaining unit.
   2.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the public safety bargaining unit.
   3.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the security bargaining unit.
   4.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the technical bargaining unit.
   5.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the professional fiscal and staff bargaining unit.
   6.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the clerical bargaining unit.
   7.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the professional social services bargaining unit.
   8.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the community-based corrections bargaining unit.
   9.  The collective bargaining agreements negotiated pursuant to chapter 20 for employees in the judicial branch of government bargaining units.
   10.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the patient care bargaining unit.
   11.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the science bargaining unit.
   12.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the university of northern Iowa faculty bargaining unit.
   13.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the state university of Iowa graduate student bargaining unit.
   14.  The collective bargaining agreement negotiated pursuant to chapter 20 for employees in the state university of Iowa hospital and clinics tertiary health care bargaining unit.
   15.  The annual pay adjustments, related benefits, and expense reimbursements referred to in the sections of this division of this Act addressing noncontract state and state board of regents employees who are not covered by a collective bargaining agreement.
    Sec. 9.  NONCONTRACT STATE EMPLOYEES —— GENERAL.
   1.  For the fiscal year beginning July 1, 2011:
   a.  The maximum and minimum salary levels of all pay plans provided for in section 8A.413, subsection 3, as they exist for the fiscal year ending June 30, 2011, shall not increase.
   b.  The pay plans for state employees who are exempt from chapter 8A, subchapter IV, and who are included in the department of administrative services’ centralized payroll system shall not be increased, and any additional changes in any executive branch pay plans shall be approved by the governor.
   2.  This section does not apply to members of the general assembly, board members, commission members, persons whose salaries are set by the general assembly pursuant to this Act or are set by the governor, or other persons designated in the section of this division of this Act addressing appointed state officers, employees designated under section 8A.412, subsection 5, and employees covered by 11 IAC 53.6(3).
   3.  The pay plans for the bargaining eligible employees of the state shall not be increased, and any additional changes in such executive branch pay plans shall be approved by the governor. As used in this section, “bargaining eligible employee” means an employee who is eligible to organize under chapter 20, but has not done so.
   4.  The policies for implementation of this section shall be approved by the governor.
    Sec. 10.  STATE EMPLOYEES —— STATE BOARD OF REGENTS.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, funds shall be provided from available sources of the state board of regents for funding of collective bargaining agreements for state board of regents employees covered by such agreements and for the following state board of regents employees not covered by a collective bargaining agreement:
   1.  Regents merit system employees and merit supervisory employees.
   2.  Faculty members and professional and scientific employees.
    Sec. 11.  BONUS PAY.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, employees of the executive branch, judicial branch, and legislative branch shall not receive bonus pay unless otherwise authorized by law, required pursuant to a contract of employment entered into before July 1, 2011, or required pursuant to a collective bargaining agreement. This section does not apply to employees of the state board of regents. For purposes of this section, “bonus pay” means any additional remuneration provided an employee in the form of a bonus, including but not limited to a retention bonus, recruitment bonus, exceptional job performance pay, extraordinary job performance pay, exceptional performance pay, extraordinary duty pay, or extraordinary or special duty pay, and any extra benefit not otherwise provided to other similarly situated employees.
    Sec. 12.  SPECIAL FUNDS.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, salary adjustments otherwise provided for in this Act may be funded using departmental revolving, trust, or special funds for which the general assembly has established an operating budget, provided doing so does not exceed the operating budget established by the general assembly.
    Sec. 13.  FEDERAL FUNDS APPROPRIATED.  For the fiscal year beginning July 1, 2011, all federal grants to and the federal receipts of the agencies affected by this division of this Act which are received and may be expended for purposes of this division of this Act are appropriated for those purposes and as set forth in the federal grants or receipts.
    Sec. 14.  STATE TROOPER MEAL ALLOWANCE.  For the fiscal year beginning July 1, 2011, the sworn peace officers in the department of public safety who are not covered by a collective bargaining agreement negotiated pursuant to chapter 20 shall receive the same per diem meal allowance as the sworn peace officers in the department of public safety who are covered by a collective bargaining agreement negotiated pursuant to chapter 20.
    Sec. 15.  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.

DIVISION IV

CORRECTIVE PROVISIONS
    Sec. 16.  Section 8.6, subsection 9A, as enacted by 2011 Iowa Acts, House File 45, section 39, is amended to read as follows:
   9A.  Budget and tax rate databases.  To develop and make available to the public a searchable budget database and internet site as required under chapter 8G, division
 
subchapter I, and to develop and make available to the public a searchable tax rate database and internet site as required under chapter 8G, division
 
subchapter II.
    Sec. 17.  Section 8.57E, subsection 3, paragraph a, as enacted by 2011 Iowa Acts, Senate File 209, section 30, is amended to read as follows:
   a.  Moneys in the taxpayer’s
 
taxpayers trust fund may be used for cash flow purposes during a fiscal year provided that any moneys so allocated are returned to the fund by the end of that fiscal year.
    Sec. 18.  Section 8G.13, as enacted by 2011 Iowa Acts, House File 45, section 50, is amended to read as follows:
   8G.13  Updating database.
   To facilitate the department of management’s efforts in creating and maintaining a searchable database of the taxes identified in section 8G.12, subsection 3
 
1, for all taxing jurisdictions in the state, each taxing jurisdiction may annually be required to report its tax rates to the department of management or the department of revenue and shall report any changes to its tax rates within thirty days of the change.
    Sec. 19.  Section 16.193, subsection 3, paragraph a, Code 2011, as amended by 2011 Iowa Acts, Senate File 475, section 11, is amended to read as follows:
   a.  During the term of the Iowa jobs program and Iowa jobs II program, the Iowa finance authority shall collect data on all of the projects approved for the program
 
programs. The department of management and the state agencies associated with the projects shall assist the authority with the data collection and in developing the report required by this subsection. The authority shall report quarterly to the governor and the general assembly concerning the data.
    Sec. 20.  Section 68A.401, subsection 4, Code 2011, as amended by 2011 Iowa Acts, Senate File 475, section 17, is amended to read as follows:
   4.  Political committees expressly advocating the nomination, election, or defeat of candidates for both federal office and any elected office created by law or the Constitution of the State of Iowa shall file statements and reports with the board in addition to any federal reports required to be filed with the board. However, a political committee that is registered and filing full disclosure reports of all financial activities with the federal election commission may file verified statements as provided in section 68B.201A
 
68A.201A.
    Sec. 21.  Section 139A.19, subsection 3, as enacted by 2011 Iowa Acts, House File 467, section 20, is amended to read as follows:
   3.  This section does not preclude a hospital, clinic, other health facility, or a health care provider from providing notification to a care provider under circumstances in which the hospital’s, clinic’s, other health facility’s, or health care provider’s policy provides for notification of the hospital’s, clinics
 
clinic’s, other health facility’s, or health care provider’s own employees of exposure to a contagious or infectious disease that is not life-threatening if the notice does not reveal a patient’s name, unless the patient consents.
    Sec. 22.  Section 175.3, subsection 1, paragraph a, Code 2011, as amended by 2011 Iowa Acts, Senate File 429, section 1, is amended to read as follows:
   a.  The agricultural development authority is established within the department of agriculture and land stewardship. The agency
 
authority is constituted as a public instrumentality and agency of the state exercising public and essential governmental functions.
    Sec. 23.  Section 207.22, subsection 3, paragraph b, Code 2011, as amended by 2011 Iowa Acts, Senate File 475, section 47, is amended to read as follows:
   b.  Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of Tit. IV of Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effect of past coal mining practices.
    Sec. 24.  Section 232.71D, subsection 3, paragraph a, unnumbered paragraph 1, as enacted by 2011 Iowa Acts, House File 562, section 3, is amended to read as follows:
   Unless any of the circumstances listed in paragraph “b” are applicable, cases to which any of the following circumstances apply shall not be placed on
 
in the central registry:
    Sec. 25.  Section 256.7, subsection 26, paragraph a, subparagraph (1), as enacted by 2011 Iowa Acts, Senate File 453, section 1, is amended to read as follows:
   (1)  The rules establishing high school graduation requirements shall authorize a school district or accredited nonpublic school to consider that any student who satisfactorily completes a high school-level unit of English or language arts, mathematics, science, or social studies has satisfactorily completed a unit of the high school graduation requirements for that area as specified in this lettered paragraph, and to
 
shall authorize the school district or accredited nonpublic school to issue high school credit for the unit to the student.
    Sec. 26.  Section 327B.5, Code 2011, is amended to read as follows:
   327B.5  Penalty.
   Any person violating the provisions of this chapter shall, upon conviction, be subject to a scheduled fine as provided in section 805.8A, subsection 13, paragraphs
 
paragraph “f” and “g”.
    Sec. 27.  Section 483A.24A, Code 2011, as amended by 2011 Iowa Acts, Senate File 194, section 10, is amended to read as follows:
   483A.24A  License refunds —— military service.
   Notwithstanding any provision of this chapter to the contrary, a service member deployed for military service, both as defined in section 29A.1, subsection 3, shall receive a refund of that portion of any license fee paid by the service member representing the service member’s period of military service.
    Sec. 28.  Section 501.101, subsection 01, as enacted by 2011 Iowa Acts, House File 348, section 7, is amended to read as follows:
   01.  “Alternative voting method” means a method of voting other than a written ballot, including voting by electronic, telephonic, internet, or other means that reasonably allow
 
allows members the opportunity to vote.
    Sec. 29.  Section 501A.703, subsection 5, paragraph d, Code 2011, as amended by 2011 Iowa Acts, House File 348, section 19, is amended to read as follows:
   d.  If the ballot of the member is received by the cooperative on or before the date of the regular members’ meeting or as otherwise prescribed for an alternative, voting method, the ballot or alternative voting method shall be accepted and counted as the vote of the absent member.
    Sec. 30.  Section 511.8, subsection 22, paragraph i, unnumbered paragraph 1, as enacted by 2011 Iowa Acts, Senate File 406, section 25, is amended to read as follows:
   Securities held in the legal reserve of a life insurance company or association pledged as collateral for financial instruments used in highly effective hedging transactions as defined in the national association of insurance commissioners’ Statement
 
statement of Statutory Accounting Principles No.
 
statutory accounting principles no. 86 shall continue to be eligible for inclusion on
 
in the legal reserve of the life insurance company or association subject to all of the following:
    Sec. 31.  Section 514J.109, subsection 3, paragraph f, if enacted by 2011 Iowa Acts, House File 597, section 9, is amended to read as follows:
   f.  The covered person or the covered person’s authorized representative has provided all the information and forms required by the commissioner that are necessary to process an external review
 
request pursuant to this section.
    Sec. 32.  Section 521F.4, subsection 1, paragraph b, as enacted by 2011 Iowa Acts, Senate File 406, section 44, is amended to read as follows:
   b.  The filing of a risk-based capital report by a health organization which indicates that the health organization has total adjusted capital which is greater than or equal to its company-action-level risk-based capital but less than the product of its authorized-control-level risk-based capital and three and triggers the trend test determined in accordance with the trend test calculations
 
calculation included in the health risk-based capital instructions.
    Sec. 33.  Section 524.310, subsection 5, paragraph b, Code 2011, as amended by 2011 Iowa Acts, Senate File 475, section 120, is amended to read as follows:
   b.  A corporate or company name reserved, registered, or protected as provided in section
 
489.109, 490.402, 490.403, 490A.402, 504.402, or 504.403.
    Sec. 34.  Section 717.3, subsection 5, paragraph b, Code 2011, as enacted by 2011 Iowa Acts, Senate File 478, section 6, is amended to read as follows:
   b.  That the department shall assume supervision of and provide for the sustenance of the livestock and as provided in section 717.4.
    Sec. 35.  Section 717.4, subsection 2, as enacted by 2011 Iowa Acts, Senate File 478, section 7, is amended to read as follows:
   2.  The court ordered lien shall be for the benefit of the department. The amount of the lien shall
 
not be not more than
 
for expenses incurred in providing sustenance to the livestock pursuant to section 717.3 and providing for the disposition of the livestock pursuant to section 717.5.
    Sec. 36.  Section 717.4A, as enacted by 2011 Iowa Acts, Senate File 478, section 8, is amended to read as follows:
   717.4A  Livestock in immediate need of sustenance —— livestock remediation fund.
   The department may utilize the moneys deposited into the livestock remediation fund pursuant to section 459.501 to pay for any expenses associated with providing sustenance to or the disposition of the livestock pursuant to a court order entered pursuant to section 717.3 or 717.5. The department shall utilize moneys from the fund only to the extent that the department determines that expenses cannot be timely paid by utilizing the available provisions of sections 717.4 and 717.5. The department shall deposit any unexpended and unobligated moneys in the fund. The department shall pay
 
to the fund the proceeds from the disposition of the livestock and associated products less expenses incurred by the department in providing for the sustenance and disposition of the livestock, as provided in section 717.5.

DIVISION V

MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
    Sec. 37.  VISION SCREENING PROGRAM —— DEPARTMENT OF PUBLIC HEALTH.  There is appropriated from the general fund of the state to the department of public health for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For a grant to a national affiliated volunteer eye organization that has an established program for children and adults and that is solely dedicated to preserving sight and preventing blindness through education, nationally certified vision screening and training, and community and patient service programs:
.................................................. $    100,000
    Sec. 38.  APPROPRIATION —— FARMERS WITH DISABILITIES.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the following amount, or so much thereof as is necessary, for a program for farmers with disabilities:
.................................................. $     97,000
   The moneys appropriated in this section shall be used for the public purpose of providing a grant to a national nonprofit organization with over 80 years of experience in assisting children and adults with disabilities and special needs. The moneys shall be used to support a nationally recognized program that began in 1986 and has been replicated in at least 30 other states, but which is not available through any other entity in this state, and that provides assistance to farmers with disabilities in all 99 counties to allow the farmers to remain in their own homes and be gainfully engaged in farming through provision of agricultural worksite and home modification consultations, peer support services, services to families, information and referral, and equipment loan services. 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. 39.  APPROPRIATION —— BATTLESHIP IOWA, BB-61.
   1.  There is appropriated from the general fund of the state to the department of cultural affairs for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be credited to the BB-61 fund created in 2010 Iowa Acts, chapter 1194:
.................................................. $  3,000,000
   2.  If the department of the navy, pursuant to a process outlined in a notice published in the federal register on May 24, 2010, volume 75, number 99, awards possession or conditionally awards possession of the battleship Iowa, BB-61, to a nonprofit group that is eligible to receive the battleship, the department of cultural affairs shall award a grant to the nonprofit group in an amount equal to $3 million in addition to any moneys awarded as a grant from the BB-61 fund.
   3.  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 for succeeding fiscal years.
    Sec. 40.  GROUP HOME GRANT.  There is appropriated from the general fund of the state to the Iowa finance authority for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For a grant to a nonprofit organization providing residential services for persons with an intellectual disability at the intermediate care facility level and services under the medical assistance program habilitation and brain injury home and community-based services waivers, that is located in and providing such services in a county with a population between 90,000 and 95,000, according to the latest certified federal census:
.................................................. $    100,000
   The grant under this section shall be used for purchase or remodeling costs to develop a group home for not more than four individuals with intellectual disabilities or brain injury. 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. 41.  INVESTIGATIONS DIVISION OF DEPARTMENT OF INSPECTIONS AND APPEALS —— CONTINGENT FTE AUTHORIZATION.  If Senate File 313 or successor legislation providing for debt setoff or other recovery activities for nonpayment of premiums pursuant to section 249A.3, subsection 2, paragraph “a”, subparagraph (1), relating to a special income eligibility group under the Medicaid program, or pursuant to section 249J.8, subsection 1, relating to the expansion population eligibility group under the IowaCare program, is enacted by the Eighty-fourth General Assembly, 2011 Session, in addition to other full-time equivalent positions authorized for the investigations division of the department of inspections and appeals for the fiscal year beginning July 1, 2011, not more than 2.00 FTEs are authorized, to the extent funded through moneys available to the department of human services, to be used to implement such provisions of Senate File 313 or successor legislation.
    Sec. 42.  SPECIAL EDUCATION INSTRUCTIONAL PROGRAM.  If a school district that is participating on a contractual basis in a special education instructional program operated by an area education agency, in which the area education agency employed teachers on behalf of the school district at the time the department of management calculated the teacher salary supplement cost per pupil under section 257.10, subsection 9, the professional development supplement cost per pupil under section 257.10, subsection 10, the area education agency teacher salary supplement cost per pupil under section 257.37A, subsection 1, and the area education agency professional development supplement cost per pupil under section 257.37A, subsection 2, for the fiscal year beginning July 1, 2009, terminates the contract for participation in the special education instructional program, the area education agency operating the program shall notify the department of management of the contract termination by the following April 1. The department of management shall recalculate the cost per pupil amounts for the area education agency and the school district for the fiscal year succeeding the notification date for the teacher salary supplement cost per pupil under section 257.10, subsection 9, the professional development supplement cost per pupil under section 257.10, subsection 10, the area education agency teacher salary supplement cost per pupil under section 257.37A, subsection 1, and the area education agency professional development supplement cost per pupil under section 257.37A, subsection 2, by estimating the amount of the original allocations used in the cost per pupil calculation that would have been allocated to the school district rather than the area education agency had the special education instructional program not existed, and the department of management shall increase the annual supplement cost per pupil for the school district and area education agency by the appropriate allowable growth for the appropriate fiscal years.
    Sec. 43.  TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN.
   1.  A task force on the prevention of sexual abuse of children is established consisting of the following members:
   a.  Four members of the general assembly serving as ex officio, nonvoting members, with not more than one member from each chamber being from the same political party. The two senators shall be appointed, one each, by the majority leader of the senate and by the minority leader of the senate. The two representatives shall be appointed, one each, by the speaker of the house of representatives and by the minority leader of the house of representatives.
   b.  The director of human services or the director’s designee.
   c.  The director of the department of education or the director’s designee.
   d.  The director of public health or the director’s designee.
   e.  The state court administrator or the state court administrator’s designee.
   f.  A representative of the Iowa county attorneys association, appointed by the president of that association.
   g.  A representative of the chief juvenile court officers, appointed by the chief justice of the supreme court.
   h.  A representative of the Iowa state education association, appointed by the president of that organization.
   i.  A representative of prevent child abuse Iowa, appointed by the director of human services.
   j.  A representative of school administrators of Iowa, appointed by the president of that organization.
   k.  A representative of the Iowa association of school boards, appointed by the executive director of that organization.
   l.  A representative of the Iowa psychological association, appointed by the president of that association.
   m.  A representative of the Iowa coalition against sexual assault, appointed by the executive director of that coalition.
   n.  A representative of prevent child abuse Iowa, appointed by the executive director of that organization.
   o.  A child abuse expert employed by or under contract with one of Iowa’s nationally accredited child protection centers, appointed by the director of the regional child protection center located in Des Moines.
   2.  Members of the task force shall be individuals who are actively involved in the fields of child abuse prevention. To the extent possible, appointment of members shall reflect the geographic diversity of the state. The voting members of the task force shall serve without compensation and shall not be reimbursed for their expenses.
   3.  The director of prevent child abuse Iowa, or the director’s designee, shall convene the organizational meeting of the task force. The task force shall elect from among its members a chairperson. Meetings shall be held at the call of the chairperson or at the request of two or more task force members. Six members shall constitute a quorum and the affirmative vote of six members shall be necessary for any action taken by the task force.
   4.  Prevent child abuse Iowa shall provide staff support to the task force.
   5.  The task force shall consult with employees of the department of human services, the Iowa coalition against sexual assault, the department of public safety, the state board of education, and any other state agency or department as necessary to accomplish the task force’s responsibilities under this section.
   6.  The task force shall develop a model policy addressing sexual abuse of children that may include but is not limited to the following:
   a.  Age-appropriate curricula for students enrolled in prekindergarten through grade five.
   b.  Training options for school personnel on child sexual abuse.
   c.  Educational information for parents and guardians that may be provided in a school handbook and may include the warning signs of a child being abused, along with any needed assistance, referral, or resource information.
   d.  Counseling options and resources available statewide for students affected by sexual abuse.
   e.  Emotional and educational support services that may be available for a child subject to abuse to continue to be successful in school.
   f.  Methods for increasing teacher, student, and parent awareness of issues regarding sexual abuse of children, including but not limited to knowledge of likely warning signs indicating that a child may be a victim of sexual abuse.
   g.  Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention.
   7.  The task force shall make recommendations for preventing the sexual abuse of children in Iowa. In making those recommendations, the task force shall do the following:
   a.  Gather information concerning child sexual abuse throughout the state.
   b.  Receive reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations.
   c.  Create goals for state policy that would prevent child sexual abuse.
   d.  Submit a final report with its recommendations to the governor and the general assembly on or before January 16, 2012. The recommendations may include proposals for specific statutory changes and methods to foster cooperation among state agencies and between the state, local school districts, and other local governments.
    Sec. 44.  RAILROAD COMPANY —— LIMITED LIABILITY.  A railroad company which alters facilities described in section 327F.2 pursuant to a written agreement executed on or before December 31, 2012, with a political subdivision with a population of more than 67,800, but less than 67,900, according to the 2010 certified federal census, to construct a flood mitigation project shall receive the limitation on liability contained in section 670.4, subsection 8, for its facilities described in section 327F.2 governed by the written agreement for any damages caused by the alteration due to a flood.
    Sec. 45.  STATE AGENCY OFFICE SUPPLIES PURCHASE, EQUIPMENT PURCHASES, PRINTING AND BINDING, AND MARKETING —— APPLICABILITY.  The limitation on expenditures made for office supplies, purchases of equipment, office equipment, and equipment noninventory, printing and binding, and marketing implemented pursuant to 2011 Iowa Acts, House File 45, section 2, does not apply to a department or agency receiving a supplemental appropriation for the fiscal year beginning July 1, 2010, pursuant to 2011 Iowa Acts, Senate File 209, division III.
    Sec. 46.  ELECTIONS RELATED SOFTWARE.
  Any computer software developed by a county for purposes of election activities is the property of the county unless the county sells the rights to the software.
    Sec. 47.  EFFECTIVE DATE —— 2011 IOWA ACTS, SENATE FILE 205.
   1.  2011 Iowa Acts, Senate File 205, section 3, amending section 321.47, subsection 2, being deemed of immediate importance, takes effect on the effective date of this section of this division of this Act.
   2.  2011 Iowa Acts, Senate File 205, section 4, enacting section 321.113, subsection 5, being deemed of immediate importance, takes effect on the effective date of this section of this division of this Act.
   3.  2011 Iowa Acts, Senate File 205, section 5, amending section 321.121, subsection 1, paragraph “b”, being deemed of immediate importance, takes effect on the effective date of this section of this division of this Act.
   4.  2011 Iowa Acts, Senate File 205, section 6, enacting section 321.122, subsection 1, paragraph “b”, subparagraph (3), being deemed of immediate importance, takes effect on the effective date of this section of this division of this Act.
    Sec. 48.  Section 80B.6, subsection 1, as amended by 2011 Iowa Acts, Senate File 236, section 1, is amended to read as follows:
   1.  An Iowa law enforcement academy council is created consisting of the following thirteen
 
fifteen voting members appointed by the governor, subject to confirmation by the senate, to terms of four years commencing as provided in section 69.19:
   a.  Three residents of the state.
   b.  A sheriff of a county with a population of fifty thousand persons or more who is a member of the Iowa state sheriffs and deputies association.
   c.  A sheriff of a county with a population of less than fifty thousand persons who is a member of the Iowa state sheriffs and deputies association.
   d.  A deputy sheriff of a county who is a member of the Iowa state sheriffs and deputies association.
   e.  A member of the Iowa peace officers association.
   f.  A member of the Iowa state police association.
   g.  A member of the Iowa police chiefs association.
   h.  A police officer who is a member of a police department of a city with a population of fifty thousand persons or more.
   i.  A police officer who is a member of a police department of a city with a population of less than fifty thousand persons.
   j.  A member of the department of public safety.
   k.  A member of the office of motor vehicle enforcement of the department of transportation.
   l.  An employee of a county conservation board who is a certified peace officer.
   m.  A conservation peace officer employed under section 456A.13.
    Sec. 49.  Section 279.51, subsection 2, Code 2011, is amended to read as follows:
   2.
  a.  Funds allocated under subsection 1, paragraph “b”, shall be used by the child development coordinating council for the following:
   a.

(1)  To continue funding for programs previously funded by grants awarded under section 256A.3 and to provide additional grants under section 256A.3. The council shall seek to provide grants on the basis of the location within the state of children meeting at-risk definitions.
   b.

(2)  At the discretion of the child development coordinating council, award grants for the following:
   (1)

(a)  To school districts to establish programs for three-year-old, four-year-old, and five-year-old at-risk children which are a combination of preschool and full-day kindergarten.
   (2)

(b)  To provide grants to provide educational support services to parents of at-risk children age birth through three years.
   b.  A grantee under this subsection may direct the use of moneys received to serve any qualifying child ranging in age from three years old to five years old, regardless of the age of population indicated on the grant request in its initial year of application. A grantee is encouraged to consider the degree to which the program complements existing programs and services for three-year-old, four-year-old, and five-year-old at-risk children available in the area, including other child care and preschool services, services provided through a school district, and services available through an area education agency.
    Sec. 50.  Section 303.19A, subsection 1, as enacted by 2011 Iowa Acts, House File 267, section 2, is amended to read as follows:
   1.  The state historic preservation officer shall only recommend that a rural electric cooperative
 
or a municipal utility constructing electric distribution and transmission facilities for which it is receiving federal funding conduct an archeological site survey of its proposed route when, based upon a review of existing information on historic properties within the area of potential effects of the construction, the state historic preservation officer has determined that a historic property, as defined by the federal National Historic Preservation Act of 1966, as amended, is likely to exist within the proposed route.
    Sec. 51.  Section 321J.2, subsection 4, paragraph b, Code 2011, is amended to read as follows:
   b.  Assessment of a minimum fine of one thousand eight hundred fifty
 
seventy-five dollars and a maximum fine of six thousand two hundred fifty dollars. Surcharges and fees shall be assessed pursuant to chapter 911.
    Sec. 52.  Section 422.11S, subsection 7, paragraph a, subparagraph (2), Code 2011, is amended to read as follows:
   (2)  “Total approved tax credits” means for the tax year beginning in the 2006 calendar year, two million five hundred thousand dollars, for the tax year beginning in the 2007 calendar year, five million dollars, and for tax years beginning on or after January 1, 2008,
 
and before January 1, 2012, seven million five hundred thousand dollars.

For tax years beginning on or after January 1, 2012, and only if legislation is enacted by the eighty-fourth general assembly, 2011 session, amending section 257.8, subsections 1 and 2, to establish both the state percent of growth and the categorical state percent of growth for the budget year beginning July 1, 2011, at two percent, “total approved tax credits” means ten million dollars.
    Sec. 53.  Section 466B.31, subsection 2, paragraph a, Code 2011, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (17)  One member selected by the agribusiness association of Iowa.
   NEW SUBPARAGRAPH.  (18)  One member selected by the Iowa floodplain and stormwater management association.
   NEW SUBPARAGRAPH.  (19)  One member selected by Iowa rivers revival.
    Sec. 54.  Section 537A.5, subsection 1, as enacted by 2011 Iowa Acts, Senate File 396, section 1, is amended to read as follows:
   1.  As used in this section, “construction contract” means an agreement relating to the construction, alteration, improvement, development, demolition, excavation, rehabilitation, maintenance, or repair of buildings, highways, roads, streets, bridges, tunnels, transportation facilities, airports, water or sewage treatment plants, power plants, or any other improvements to real property in this state, including shafts, wells, and structures, whether on ground, above ground, or underground, and includes agreements for architectural services, design services, engineering services, construction services, construction management services, development services, maintenance services, material purchases, equipment rental, and labor. “Construction contract” includes all public, private, foreign, or domestic agreements as described in this subsection other than such public agreements relating to highways, roads, and streets.
    Sec. 55.  Section 654.4B, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  This subsection is repealed July 1, 2011
 
2012.
    Sec. 56.  EFFECTIVE UPON ENACTMENT.  The following provision or provisions of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division of this Act amending section 303.19A.
   2.  The section of this division of this Act amending section 654.4B.
   3.  The section of this division of this Act appropriating moneys to the department of cultural affairs for purposes of a grant for the battleship Iowa, BB-61.
   4.  The section of this division of this Act creating a task force on the prevention of sexual abuse of children.
   5.  The section of this division of this Act providing effective dates for certain provisions in 2011 Iowa Acts, Senate File 205.
   6.  The section in this division of this Act making an appropriation to the Iowa finance authority for a group home grant.
   7.  The section of this division of this Act relating to a school district participating on a contractual basis in a special education instructional program operated by an area education agency.
    Sec. 57.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  The provision of this division of this Act relating to a limitation on state agency office supplies purchase, equipment purchases, printing and binding, and marketing as enacted by 2011 Iowa Acts, House File 45, being deemed of immediate importance, takes effect upon enactment and applies retroactively to March 7, 2011.

DIVISION VI

REORGANIZATION
    Sec. 58.  NEW SECTION.  8.75  Contract services —— training.
   1.  Each department, as defined in section 8.2, shall separately track the budget and actual expenditures for contract services and for employee training for each appropriation line item.
   2.  The terms of the contracts for contracted services entered into or revised during the fiscal year shall incorporate quality assurance and cost control measures.
   3.  The employee training tracking information shall be further divided into training categories. Each department’s report on training tracking shall specifically address the use of electronically based training.
   4.  Each department shall report to the legislative services agency on January 15 and July 15 of each year concerning the budget, expenditure, quality assurance, and cost control information addressed by this section for the previous six calendar months.
    Sec. 59.  NEW SECTION.  8A.319  State government purchasing efforts —— department of administrative services.
   In order to facilitate efficient and cost-effective purchasing, the department of administrative services shall do the following:
   1.  Require state agencies to provide the department with a report regarding planned purchases on an annual basis and to report on an annual basis regarding efforts to standardize products and services within their own agencies and with other state agencies.
   2.  Require state employees who conduct bids for services to receive training on an annual basis about procurement rules and procedures and procurement best practices.
   3.  Identify procurement compliance employees within the department.
   4.  Review the process and basis for establishing departmental fees for purchasing.
   5.  Establish a work group to collaborate on best practices to implement the best cost savings for the state concerning purchasing.
   6.  Explore interstate and intergovernmental purchasing opportunities and encourage the legislative and judicial branches to participate in consolidated purchasing and efficiencies wherever possible.
   7.  Expand the use of procurement cards throughout state government to facilitate purchasing of items by state agencies. 
    Sec. 60.  DEPARTMENT OF ADMINISTRATIVE SERVICES INFORMATION TECHNOLOGY —— UTILIZATION BY LEGISLATIVE AND JUDICIAL BRANCH.  The department of administrative services shall consult with and explore opportunities with the legislative and judicial branches of government relative to the providing of information technology services to those branches of government.
    Sec. 61.  STATE AGENCY ELECTRONIC RENEWAL NOTICES.  State agencies, as defined in section 8A.101, should, to the greatest extent possible, utilize electronic mail or similar electronic means to notify holders of licenses or permits issued by that state agency that the license or permit needs to be renewed. The chief information officer of the state shall assist state agencies in implementing the directive in this section.
    Sec. 62.  STATE AGENCY EFFICIENCY EFFORTS.
   1.  LEAN EFFORTS.  State agencies shall budget for and plan to conduct lean projects as described in section 8.70. Each state agency shall coordinate its activities with the office of lean enterprise created in section 8.70 in developing plans to conduct lean projects.
   2.  SHARED RESOURCES.  State agencies are encouraged to share resources and services, including staff, training, and educational services, to the greatest extent possible in order to best fulfill the duties of each agency at the least cost.
    Sec. 63.  JOINT APPROPRIATIONS SUBCOMMITTEES —— REVIEW OF AGENCY FEES.  Each joint appropriations subcommittee of the general assembly shall examine and review on an annual basis the fees charged by state agencies under the purview of that joint appropriations subcommittee.
    Sec. 64.  DEPARTMENT OF ADMINISTRATIVE SERVICES —— STREAMLINED HIRING.  The department of administrative services shall, in consultation with the department of management, examine the process by which state agencies hire personnel with the goal of simplifying and reducing the steps needed for state agencies to hire personnel. The department shall provide information to the general assembly concerning steps taken to implement a more streamlined hiring process and any recommendations for legislative action.
    Sec. 65.  TOBACCO RETAIL COMPLIANCE CHECKS.  For the fiscal year beginning July 1, 2011, and ending June 30, 2012, the terms of a chapter 28D agreement, entered into between the division of tobacco use prevention and control of the department of public health and the alcoholic beverages division of the department of commerce, governing compliance checks conducted to ensure licensed retail tobacco outlet conformity with tobacco laws, regulations, and ordinances relating to persons under eighteen years of age, shall restrict the number of such checks to one check per retail outlet, and one additional check for any retail outlet found to be in violation during the first check.
    Sec. 66.  DEPARTMENT OF ADMINISTRATIVE SERVICES —— CENTRALIZED PAYROLL SYSTEM.  The department of administrative services shall examine the possibility of merging all state payroll systems into the centralized payroll system operated by the department. The department shall consult with those entities of state government not utilizing the centralized payroll system, including but not limited to the state department of transportation, about strategies for encouraging utilization of the state’s centralized payroll system and by identifying those barriers preventing merging of the payroll systems. The department shall provide information to the joint appropriations subcommittee on administration and regulation concerning efforts by the department to merge payroll systems and any recommendations for legislative action to encourage, or eliminate barriers to, the provision of payroll services by the department to other state agencies.

DIVISION VII

MEDICATION THERAPY MANAGEMENT
    Sec. 67.  NEW SECTION.  8A.440  Medication therapy management.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Eligible employee” means an employee of the state, with the exception of an employee of the state board of regents or institutions under the state board of regents, for whom group health plans are established pursuant to chapter 509A providing for third-party payment or prepayment for health or medical expenses.
   b.  “Medication therapy management” means a systematic process performed by a licensed pharmacist, designed to optimize therapeutic outcomes through improved medication use and reduced risk of adverse drug events, including all of the following services:

   (1)  A medication therapy review and in-person consultation relating to all medications, vitamins, and herbal supplements currently being taken by an eligible individual.
   (2)  A medication action plan, subject to the limitations specified in this section, communicated to the individual and the individual’s primary care physician or other appropriate prescriber to address safety issues, inconsistencies, duplicative therapy, omissions, and medication costs. The medication action plan may include recommendations to the prescriber for changes in drug therapy.
   (3)  Documentation and follow-up to ensure consistent levels of pharmacy services and positive outcomes.
   2.
  a.  The department shall amend the contract for the provision of medication therapy management services as initially required pursuant to 2010 Iowa Acts, chapter 1193, section 166, to provide for the continuation of medication therapy management services for eligible employees who meet any of the following criteria:
   (1)  An individual who takes four or more prescription drugs to treat or prevent two or more chronic medical conditions.
   (2)  An individual with a prescription drug therapy problem who is identified by the prescribing physician or other appropriate prescriber, and referred to a pharmacist for medication therapy management services.
   (3)  An individual who meets other criteria established by the third-party payment provider contract, policy, or plan.
   b.  The contract shall require the entity to provide annual reports to the general assembly detailing the costs, savings, estimated cost avoidance and return on investment, and patient outcomes related to the medication therapy management services provided. The entity shall guarantee demonstrated annual savings, including any savings associated with cost avoidance at least equal to the program’s costs with any shortfall amount refunded to the state. The contract shall include terms, conditions, and applicable measurement standards associated with the demonstration of savings. The department shall verify the demonstrated savings reported by the entity was achieved in accordance with the agreed upon measurement standards. The entity shall be prohibited from using the entity’s employees to provide the medication therapy management services and shall instead be required to contract with licensed pharmacies, pharmacists, or physicians.
   c.  The fees for pharmacist-delivered medication therapy management services shall be separate from the reimbursement for prescription drug product or dispensing services; shall be determined by each third-party payment provider contract, policy, or plan; and must be reasonable based on the resources and time required to provide the service.
   d.  A fee shall be established for physician reimbursement for services delivered for medication therapy management as determined by each third-party payment provider contract, policy, or plan, and must be reasonable based on the resources and time required to provide the service.
   e.  If any part of the medication therapy management plan developed by a pharmacist incorporates services which are outside the pharmacist’s independent scope of practice including the initiation of therapy, modification of dosages, therapeutic interchange, or changes in drug therapy, the express authorization of the individual’s physician or other appropriate prescriber is required.
   f.  The department shall utilize the services of the college of pharmacy at a state university to validate reported drug cost savings.
    Sec. 68.  APPROPRIATION —— 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, 2011, and ending June 30, 2012, the following amount or so much thereof as is necessary, to be used for the purpose specified:

   For the medication therapy management program as enacted in this Act:
.................................................. $    510,000
    Sec. 69.  REPEAL.  2010 Iowa Acts, chapter 1193, section 166, is repealed.
    Sec. 70.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION VIII

EARNED INCOME TAX CREDIT
    Sec. 71.  Section 422.12B, subsection 1, Code 2011, is amended to read as follows:
   1.  The taxes imposed under this division less the credits allowed under section 422.12 shall be reduced by an earned income credit equal to seven
 
ten percent of the federal earned income credit provided in section 32 of the Internal Revenue Code. Any credit in excess of the tax liability is refundable.
    Sec. 72.  RETROACTIVE APPLICABILITY.  This division of this Act applies retroactively to January 1, 2011, for tax years beginning on or after that date.

DIVISION IX

ALLOWABLE GROWTH
    Sec. 73.  Section 257.8, subsections 1 and 2, Code 2011, are amended to read as follows:
   1.  State percent of growth.  The state percent of growth for the budget year beginning July 1, 2009, is four percent. The state percent of growth for the budget year beginning July 1, 2010, is two percent.

The state percent of growth for the budget year beginning July 1, 2011, is two percent. The state percent of growth for each subsequent budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The
 
Except for the budget year beginning July 1, 2011, the establishment of the state percent of growth for a budget year shall be the only subject matter of the bill which enacts the state percent of growth for a budget year.
   2.  Categorical state percent of growth.  The categorical state percent of growth for the budget year beginning July 1, 2010, is two percent.

The categorical state percent of growth for the budget year beginning July 1, 2011, is two percent. The categorical state percent of growth for each budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The
 
Except for the budget year beginning July 1, 2011, the establishment of the categorical state percent of growth for a budget year shall be the only subject matter of the bill which enacts the categorical state percent of growth for a budget year. The categorical state percent of growth may include state percents of growth for the teacher salary supplement, the professional development supplement, and the early intervention supplement.
    Sec. 74.  EFFECTIVE UPON ENACTMENT AND APPLICABILITY.  This division of this Act, being deemed of immediate importance, takes effect upon enactment and is applicable for computing state aid under the state school foundation program for the school budget year beginning July 1, 2011.

DIVISION X

WITHHOLDING AGREEMENTS
    Sec. 75.  Section 403.19A, subsection 1, paragraphs c and f, Code 2011, are amended to read as follows:
   c.  “Employer” means a business creating
 
or retaining targeted jobs in an urban renewal area of a pilot project city pursuant to a withholding agreement.
   f.  “Targeted job” means a job in a business which is or will be located in an urban renewal area of a pilot project city that pays a wage at least equal to the countywide average wage. “Targeted job” includes new
 
or retained jobs from Iowa business expansions or retentions within the city limits of the pilot project city and those jobs resulting from established out-of-state businesses, as defined by the department of economic development, moving to or expanding in Iowa.
    Sec. 76.  Section 403.19A, subsection 3, paragraph c, subparagraph (1), Code 2011, is amended to read as follows:
   (1)  The pilot project city shall enter into a withholding agreement with each employer concerning the targeted jobs withholding credit. The withholding agreement shall provide for the total amount of withholding tax credits awarded. An agreement shall not provide for an amount of withholding credits that exceeds the amount of the qualifying investment made in the project. An agreement shall not be entered into by a pilot project city with a business currently located in this state unless the business either creates
 
or retains ten new jobs or makes a qualifying investment of at least five hundred thousand dollars within the urban renewal area. The withholding agreement may have a term of up to ten years. An employer shall not be obligated to enter into a withholding agreement. An agreement shall not be entered into with an employer not already located in a pilot project city when another Iowa community is competing for the same project and both the pilot project city and the other Iowa community are seeking assistance from the department.
    Sec. 77.  Section 403.19A, subsection 3, paragraph f, Code 2011, is amended to read as follows:
   f.  If the employer ceases to meet the requirements of the withholding agreement, the agreement shall be terminated and any withholding tax credits for the benefit of the employer shall cease. However, in regard to the number of new jobs that are to be created
 
or retained, if the employer has met the number of new jobs to be created
 
or retained pursuant to the withholding agreement and subsequently the number of new jobs falls below the required level, the employer shall not be considered as not meeting the new job requirement until eighteen months after the date of the decrease in the number of new jobs created
 
or retained.
    Sec. 78.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  This division of this Act, being deemed of immediate importance, takes effect upon enactment and applies retroactively to July 1, 2006, for agreements entered into on or after that date.

DIVISION XI

SCHOOL EMPLOYEE MISCONDUCT
    Sec. 79.  Section 272.2, subsection 1, paragraph b, Code 2011, is amended by striking the paragraph and inserting in lieu thereof the following:
   b.  Provide annually to any person who holds a license, certificate, authorization, or statement of recognition issued by the board, training relating to the knowledge and understanding of the board’s code of professional conduct and ethics. The board shall develop a curriculum that addresses the code of professional conduct and ethics and shall annually provide regional training opportunities throughout the state.
    Sec. 80.  Section 272.15, subsection 1, Code 2011, is amended to read as follows:
   1.
  a.  The board of directors of a school district or area education agency, the superintendent of a school district or the chief administrator of an area education agency, and the authorities in charge of a nonpublic school shall report to the board the nonrenewal or termination, for reasons of alleged or actual misconduct, of a person’s contract executed under sections 279.12, 279.13, 279.15 through 279.21, 279.23, and 279.24, and the resignation of a person who holds a license, certificate, or authorization issued by the board as a result of or following an incident or allegation of misconduct that, if proven, would constitute a violation of the rules adopted by the board to implement section 272.2, subsection 14, paragraph “b”, subparagraph (1), when the board or reporting official has a good faith belief that the incident occurred or the allegation is true.

The board may deny a license or revoke the license of an administrator if the board finds by a preponderance of the evidence that the administrator failed to report the termination or resignation of a school employee holding a license, certificate, statement of professional recognition, or coaching authorization, for reasons of alleged or actual misconduct, as defined by this section.
   b.  Information reported to the board in accordance with this section is privileged and confidential, and except as provided in section 272.13, is not subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than the respondent and the board and its employees and agents involved in licensee discipline, and is not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline. The board shall review the information reported to determine whether a complaint should be initiated. In making that determination, the board shall consider the factors enumerated in section 272.2, subsection 14, paragraph “a”.
   c.  For purposes of this section, unless the context otherwise requires, “misconduct” means an action disqualifying an applicant for a license or causing the license of a person to be revoked or suspended in accordance with the rules adopted by the board to implement section 272.2, subsection 14, paragraph “b”, subparagraph (1).
    Sec. 81.  Section 280.17, Code 2011, is amended to read as follows:
   280.17  Procedures for handling child abuse reports.
   1.  The board of directors of a public school
 
district and the authorities in control
 
charge of a nonpublic school shall prescribe procedures, in accordance with the guidelines contained in the model policy developed by the department of education in consultation with the department of human services, and adopted by the department of education pursuant to chapter 17A, for the handling of reports of child abuse, as defined in section 232.68, subsection 2, paragraph “a”, “c”, or “e”, alleged to have been committed by an employee or agent of the public or nonpublic school.

   2.
  a.  The board of directors of a school district and the authorities in charge of an accredited nonpublic school shall place on administrative leave a school employee who is the subject of an investigation of an alleged incident of abuse of a student conducted in accordance with 281 IAC 102.
   b.  If the results of an investigation of abuse of a student by a school employee who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners finds that the school employee’s conduct constitutes a crime under any other statute, the board or the authorities, as appropriate, shall report the results of the investigation to the board of educational examiners.
    Sec. 82.  Section 280.27, Code 2011, is amended to read as follows:
   280.27  Reporting violence —— immunity.
   An employee of a school district, an accredited nonpublic school, or an area education agency who participates in good faith and acts reasonably in the making of a report to, or investigation by, an appropriate person or agency regarding violence, threats of violence,
 
physical or sexual abuse of a student, or other inappropriate activity against a school employee or student in a school building, on school grounds, or at a school-sponsored function shall be immune from civil or criminal liability relating to such action, as well as for participating in any administrative or judicial proceeding resulting from or relating to the report or investigation.