Senate File 538 - Reprinted SENATE FILE 538 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1219) (As Amended and Passed by the Senate June 22, 2011 ) A BILL FOR An Act relating to the finances of state and local government 1 by providing for funding of property tax credits and 2 reimbursements, by making and adjusting appropriations, 3 providing for salaries and compensation of state employees, 4 providing for matters relating to tax credits, providing for 5 fees and penalties, providing for legal responsibilities, 6 and providing for properly related matters, and including 7 effective date and retroactive and other applicability 8 provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 SF 538 (5) 84 tm/jp

S.F. 538 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2011-2012 2 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2012-2013. 3 1. For the budget process applicable to the fiscal year 4 beginning July 1, 2012, on or before October 1, 2011, in lieu 5 of the information specified in section 8.23, subsection 1 , 6 unnumbered paragraph 1, and paragraph “a”, all departments and 7 establishments of the government shall transmit to the director 8 of the department of management, on blanks to be furnished by 9 the director, estimates of their expenditure requirements, 10 including every proposed expenditure, for the ensuing fiscal 11 year, together with supporting data and explanations as called 12 for by the director of the department of management after 13 consultation with the legislative services agency. 14 2. The estimates of expenditure requirements shall be 15 in a form specified by the director of the department of 16 management, and the expenditure requirements shall include all 17 proposed expenditures and shall be prioritized by program or 18 the results to be achieved. The estimates shall be accompanied 19 by performance measures for evaluating the effectiveness of the 20 programs or results. 21 Sec. 2. LIMITATION OF STANDING APPROPRIATIONS. 22 Notwithstanding the standing appropriations in the following 23 designated sections for the fiscal year beginning July 1, 2011, 24 and ending June 30, 2012, the amounts appropriated from the 25 general fund of the state pursuant to these sections for the 26 following designated purposes shall not exceed the following 27 amounts: 28 1. For operational support grants and community cultural 29 grants under section 99F.11, subsection 3 , paragraph “d”, 30 subparagraph (1): 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 32 2. For regional tourism marketing under section 99F.11, 33 subsection 3 , paragraph “d”, subparagraph (2): 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 35 -1- SF 538 (5) 84 tm/jp 1/ 91

S.F. 538 3. For the center for congenital and inherited disorders 1 central registry under section 144.13A, subsection 4 , paragraph 2 “a”: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 4 4. For primary and secondary child abuse prevention 5 programs under section 144.13A, subsection 4 , paragraph “a”: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 7 5. For programs for at-risk children under section 279.51 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,728,891 9 The amount of any reduction in this subsection shall be 10 prorated among the programs specified in section 279.51, 11 subsection 1 , paragraphs “a”, “b”, and “c”. 12 6. For payment for nonpublic school transportation under 13 section 285.2 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 15 If total approved claims for reimbursement for nonpublic 16 school pupil transportation exceed the amount appropriated in 17 accordance with this subsection, the department of education 18 shall prorate the amount of each approved claim. 19 7. For reimbursement for the homestead property tax credit 20 under section 425.1 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 22 8. For reimbursement for the family farm and agricultural 23 land tax credits under sections 425A.1 and 426.1 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 25 9. For the enforcement of chapter 453D relating to tobacco 26 product manufacturers under section 453D.8 : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 28 Sec. 3. INSTRUCTIONAL SUPPORT STATE AID —— FY 2011-2012. In 29 lieu of the appropriation provided in section 257.20, 30 subsection 2, the appropriation for the fiscal year 31 beginning July 1, 2011, and ending June 30, 2012, for paying 32 instructional support state aid under section 257.20 for fiscal 33 year 2011-2012 is zero. 34 Sec. 4. Section 256.30, unnumbered paragraph 1, Code 2011, 35 -2- SF 538 (5) 84 tm/jp 2/ 91

S.F. 538 is amended by striking the unnumbered paragraph and inserting 1 in lieu thereof the following: 2 For the fiscal year beginning July 1, 2011, and ending 3 June 30, 2012, and for each succeeding fiscal year, there 4 is appropriated from the general fund of the state to the 5 department the sum of one hundred thousand dollars. The 6 department shall distribute the appropriation to the tribal 7 council of the Sac and Fox Indian settlement for expenses of 8 educating American Indian children residing in the Sac and Fox 9 Indian settlement on land held in trust by the secretary of 10 the interior of the United States in excess of federal moneys 11 paid to the tribal council for educating the American Indian 12 children when moneys are appropriated for that purpose. The 13 tribal council shall administer the moneys distributed pursuant 14 to this section and shall submit an annual report and other 15 reports as required by the department to the department on the 16 expenditure of the moneys. 17 Sec. 5. Section 257.35, Code 2011, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5A. Notwithstanding subsection 1, and in 20 addition to the reduction applicable pursuant to subsection 21 2, the state aid for area education agencies and the portion 22 of the combined district cost calculated for these agencies 23 for the fiscal year beginning July 1, 2011, and ending June 24 30, 2012, shall be reduced by the department of management by 25 twenty million dollars. The reduction for each area education 26 agency shall be prorated based on the reduction that the agency 27 received in the fiscal year beginning July 1, 2003. 28 DIVISION II 29 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2011-2012 30 Sec. 6. APPOINTED STATE OFFICERS. 31 1. The governor shall establish a salary for appointed 32 nonelected persons in the executive branch of state government 33 holding a position enumerated in and within the salary 34 ranges provided in 2008 Iowa Acts, chapter 1191, section 14, 35 -3- SF 538 (5) 84 tm/jp 3/ 91

S.F. 538 by considering, among other items, the experience of the 1 individual in the position, changes in the duties of the 2 position, the incumbent’s performance of assigned duties, and 3 subordinates’ salaries. However, the attorney general shall 4 establish the salary for the consumer advocate, the chief 5 justice of the supreme court shall establish the salary for the 6 state court administrator, the ethics and campaign disclosure 7 board shall establish the salary of the executive director, and 8 the Iowa public broadcasting board shall establish the salary 9 of the administrator of the public broadcasting division of the 10 department of education, each within the salary range provided 11 in 2008 Iowa Acts, chapter 1191, section 14. 12 2. The governor, in establishing salaries as provided in 13 this section, shall take into consideration other employee 14 benefits which may be provided for an individual including but 15 not limited to housing. 16 3. A person whose salary is established pursuant to this 17 section and who is a full-time, year-round employee of the 18 state shall not receive any other remuneration from the state 19 or from any other source for the performance of that person’s 20 duties unless the additional remuneration is first approved by 21 the governor or authorized by law. However, this provision 22 does not exclude the reimbursement for necessary travel and 23 expenses incurred in the performance of duties or fringe 24 benefits normally provided to employees of the state. 25 Sec. 7. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The 26 various state departments, boards, commissions, councils, 27 and agencies, including the state board of regents, for 28 the fiscal year beginning July 1, 2011, and ending June 30, 29 2012, shall provide from available sources pay adjustments, 30 expense reimbursements, and related benefits to fully fund the 31 following: 32 1. The collective bargaining agreement negotiated pursuant 33 to chapter 20 for employees in the blue collar bargaining unit. 34 2. The collective bargaining agreement negotiated pursuant 35 -4- SF 538 (5) 84 tm/jp 4/ 91

S.F. 538 to chapter 20 for employees in the public safety bargaining 1 unit. 2 3. The collective bargaining agreement negotiated pursuant 3 to chapter 20 for employees in the security bargaining unit. 4 4. The collective bargaining agreement negotiated pursuant 5 to chapter 20 for employees in the technical bargaining unit. 6 5. The collective bargaining agreement negotiated pursuant 7 to chapter 20 for employees in the professional fiscal and 8 staff bargaining unit. 9 6. The collective bargaining agreement negotiated pursuant 10 to chapter 20 for employees in the clerical bargaining unit. 11 7. The collective bargaining agreement negotiated pursuant 12 to chapter 20 for employees in the professional social services 13 bargaining unit. 14 8. The collective bargaining agreement negotiated pursuant 15 to chapter 20 for employees in the community-based corrections 16 bargaining unit. 17 9. The collective bargaining agreements negotiated 18 pursuant to chapter 20 for employees in the judicial branch of 19 government bargaining units. 20 10. The collective bargaining agreement negotiated pursuant 21 to chapter 20 for employees in the patient care bargaining 22 unit. 23 11. The collective bargaining agreement negotiated pursuant 24 to chapter 20 for employees in the science bargaining unit. 25 12. The collective bargaining agreement negotiated pursuant 26 to chapter 20 for employees in the university of northern Iowa 27 faculty bargaining unit. 28 13. The collective bargaining agreement negotiated pursuant 29 to chapter 20 for employees in the state university of Iowa 30 graduate student bargaining unit. 31 14. The collective bargaining agreement negotiated pursuant 32 to chapter 20 for employees in the state university of Iowa 33 hospital and clinics tertiary health care bargaining unit. 34 15. The annual pay adjustments, related benefits, and 35 -5- SF 538 (5) 84 tm/jp 5/ 91

S.F. 538 expense reimbursements referred to in the sections of this 1 division of this Act addressing state board of regents 2 employees who are not covered by a collective bargaining 3 agreement. 4 Sec. 8. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 5 the fiscal year beginning July 1, 2011, and ending June 30, 6 2012, funds shall be provided from available sources of the 7 state board of regents for funding of collective bargaining 8 agreements for state board of regents employees covered by 9 such agreements and for the following state board of regents 10 employees not covered by a collective bargaining agreement: 11 1. Regents merit system employees and merit supervisory 12 employees. 13 2. Faculty members and professional and scientific 14 employees. 15 Sec. 9. BONUS PAY. For the fiscal year beginning July 1, 16 2011, and ending June 30, 2012, employees of the executive 17 branch, judicial branch, and legislative branch shall not 18 receive bonus pay unless otherwise authorized by law, required 19 pursuant to a contract of employment entered into before July 20 1, 2011, or required pursuant to a collective bargaining 21 agreement. This section does not apply to employees of the 22 state board of regents. For purposes of this section, “bonus 23 pay” means any additional remuneration provided an employee in 24 the form of a bonus, including but not limited to a retention 25 bonus, recruitment bonus, exceptional job performance pay, 26 extraordinary job performance pay, exceptional performance pay, 27 extraordinary duty pay, or extraordinary or special duty pay, 28 and any extra benefit not otherwise provided to other similarly 29 situated employees. 30 Sec. 10. STATE TROOPER MEAL ALLOWANCE. For the fiscal 31 year beginning July 1, 2011, the sworn peace officers in the 32 department of public safety who are not covered by a collective 33 bargaining agreement negotiated pursuant to chapter 20 shall 34 receive the same per diem meal allowance as the sworn peace 35 -6- SF 538 (5) 84 tm/jp 6/ 91

S.F. 538 officers in the department of public safety who are covered 1 by a collective bargaining agreement negotiated pursuant to 2 chapter 20. 3 Sec. 11. SALARY MODEL ADMINISTRATOR. The salary model 4 administrator shall work in conjunction with the legislative 5 services agency to maintain the state’s salary model used for 6 analyzing, comparing, and projecting state employee salary 7 and benefit information, including information relating to 8 employees of the state board of regents. The department of 9 revenue, the department of administrative services, the five 10 institutions under the jurisdiction of the state board of 11 regents, the judicial district departments of correctional 12 services, and the state department of transportation shall 13 provide salary data to the department of management and the 14 legislative services agency to operate the state’s salary 15 model. The format and frequency of provision of the salary 16 data shall be determined by the department of management and 17 the legislative services agency. The information shall be 18 used in collective bargaining processes under chapter 20 and 19 in calculating the funding needs contained within the annual 20 salary adjustment legislation. A state employee organization 21 as defined in section 20.3, subsection 4, may request 22 information produced by the model, but the information provided 23 shall not contain information attributable to individual 24 employees. 25 DIVISION III 26 PERFORMANCE OF DUTY 27 Sec. 12. Section 7D.10, Code 2011, is amended to read as 28 follows: 29 7D.10 Court costs. 30 If sufficient funds for court costs have not been 31 appropriated to a state department, or if sufficient funds are 32 not otherwise available for such purposes within the budget of 33 a state department, upon authorization by the executive council 34 may pay, out of any money in the state treasury there is 35 -7- SF 538 (5) 84 tm/jp 7/ 91

S.F. 538 appropriated from moneys in the general fund of the state not 1 otherwise appropriated, an amount sufficient to pay expenses 2 incurred, or costs taxed to the state, in any proceeding 3 brought by or against any of the state departments or in which 4 the state is a party or is interested. This section shall 5 not be construed to authorize the payment of travel or other 6 personal expenses of state officers or employees. 7 Sec. 13. Section 7D.10A, as amended by 2011 Iowa Acts, 8 Senate File 478, section 11, as enacted, is amended to read as 9 follows: 10 7D.10A Allocation Payment to livestock remediation fund. 11 If moneys are not sufficient to support the livestock 12 remediation fund as provided in chapter 459, subchapter V , the 13 executive council may allocate from moneys in the general fund 14 of the state, which are not otherwise obligated or encumbered, 15 authorize as an expense paid from the appropriations addressed 16 in section 7D.29 the payment of an amount to the livestock 17 remediation fund as provided under section 459.501 , subsection 18 5 . However, not more than a total of one million dollars shall 19 be allocated shall be paid pursuant to this section to the 20 livestock remediation fund at any time. 21 Sec. 14. Section 7D.29, Code 2011, is amended to read as 22 follows: 23 7D.29 Performance of duty —— expense. 24 1. The executive council shall not employ others, or incur 25 authorize any expense, for the purpose of performing any duty 26 imposed upon the council when the duty may, without neglect of 27 their usual duties, be performed by the members, or by their 28 regular employees, but, subject to this limitation, the council 29 may incur authorize the necessary expense to perform or cause 30 to be performed any legal duty imposed on the council , and pay 31 the same out of any money in the state treasury not otherwise 32 appropriated . The expenses authorized by the executive council 33 in accordance with this section and the expenses authorized 34 by the executive council in accordance with other statutory 35 -8- SF 538 (5) 84 tm/jp 8/ 91

S.F. 538 provisions referencing the appropriations addressed in this 1 section shall be paid as follows: 2 a. From the appropriation made from the Iowa economic 3 emergency fund in section 8.55 for purposes of paying such 4 expenses. 5 b. To the extent the appropriation from the Iowa economic 6 emergency fund described in paragraph “a” is insufficient to 7 pay such expenses, there is appropriated from moneys in the 8 general fund of the state not otherwise appropriated the amount 9 necessary to fund that deficiency. > 10 2. At least two weeks prior to the executive council’s 11 approval of a payment authorization under this section , 12 the secretary of the executive council shall notify the 13 legislative services agency that the authorization request 14 will be considered by the executive council and shall provide 15 background information justifying the request. 16 3. The executive council shall receive requests from the 17 Iowa department of public health relative to the purchase, 18 storing, and distribution of vaccines and medication for 19 prevention, prophylaxis, or treatment. Upon review and after 20 compliance with subsection 2 , the executive council may approve 21 the request and may incur authorize payment of the necessary 22 expense and pay the same out of any money in the state treasury 23 not otherwise appropriated . The expense authorized by the 24 executive council under this subsection shall be paid from the 25 appropriations referred to in subsection 1. 26 Sec. 15. Section 7D.30, Code 2011, is amended to read as 27 follows: 28 7D.30 Necessary record. 29 Before incurring authorizing any expense authorized by in 30 accordance with section 7D.29 , the executive council shall, 31 in each case, by resolution, entered upon its records, set 32 forth the necessity for incurring authorizing such expense, 33 the special fitness of the one employed to perform such work, 34 the definite rate of compensation or salary allowed, and the 35 -9- SF 538 (5) 84 tm/jp 9/ 91

S.F. 538 total amount of money that may be expended. Compensation or 1 salary for personal services in such cases must be determined 2 by unanimous vote of all members of the council. 3 Sec. 16. Section 8.55, subsection 3, paragraph a, Code 2011, 4 is amended to read as follows: 5 a. Except as provided in paragraphs “b” , and “c” , and 6 “0d” , the moneys in the Iowa economic emergency fund shall 7 only be used pursuant to an appropriation made by the general 8 assembly. An appropriation shall only be made for the fiscal 9 year in which the appropriation is made. The moneys shall 10 only be appropriated by the general assembly for emergency 11 expenditures. 12 Sec. 17. Section 8.55, subsection 3, Code 2011, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . 0d. There is appropriated from the Iowa 15 economic emergency fund to the executive council an amount 16 sufficient to pay the expenses authorized by the executive 17 council, as addressed in section 7D.29. 18 Sec. 18. Section 8A.321, subsection 4, Code 2011, is amended 19 to read as follows: 20 4. Contract, with the approval of the executive council, 21 for the repair, remodeling, or, if the condition warrants, 22 demolition of all buildings and grounds of the state at 23 the seat of government, at the state laboratories facility 24 in Ankeny, and the institutions of the department of human 25 services and the department of corrections for which no 26 specific appropriation has been made, if the cost of repair, 27 remodeling, or demolition will not exceed one hundred thousand 28 dollars when completed. The cost of repair projects for which 29 no specific appropriation has been made shall be paid from 30 the fund as an expense authorized by the executive council as 31 provided in section 7D.29 . 32 Sec. 19. Section 8A.321, subsection 6, paragraphs a and b, 33 Code 2011, are amended to read as follows: 34 a. Lease all buildings and office space necessary to 35 -10- SF 538 (5) 84 tm/jp 10/ 91

S.F. 538 carry out the provisions of this subchapter or necessary for 1 the proper functioning of any state agency at the seat of 2 government. For state agencies at the seat of government, the 3 director may lease buildings and office space in Polk county 4 or in a county contiguous to Polk county. If no specific 5 appropriation has been made, the proposed lease shall be 6 submitted to the executive council for approval authorization 7 and if authorized lease expense shall be paid from the 8 appropriations addressed in section 7D.29 . The cost of any 9 lease for which no specific appropriation has been made shall 10 be paid from the fund provided in section 7D.29 . 11 b. When the general assembly is not in session, the director 12 may request moneys an expense authorization from the executive 13 council for moving state agencies located at the seat of 14 government from one location to another. The request may 15 include moving costs, telecommunications costs, repair costs, 16 or any other costs relating to the move. The executive council 17 may approve and shall pay the costs from funds authorize the 18 expenses provided and may authorize the expenses to be paid 19 from the appropriations addressed in section 7D.29 if it 20 determines the agency or department has no available does not 21 have funds available for these expenses. 22 Sec. 20. Section 11.32, as amended by 2011 Iowa Acts, 23 House File 536, section 26, as enacted, is amended to read as 24 follows: 25 11.32 Certified accountants employed. 26 Nothing in this chapter shall prohibit the auditor of state, 27 with the prior written permission of the state executive 28 council, from employing certified public accountants for 29 specific assignments. The auditor of state may employ such 30 accountants for any assignment now expressly reserved to the 31 auditor of state. Payments, after approval by the executive 32 council, will shall be made to the accountants so employed from 33 funds from which the auditor of state would have been paid had 34 the auditor of state performed the assignment, or if no such 35 -11- SF 538 (5) 84 tm/jp 11/ 91

S.F. 538 specific funds are indicated not available , then payment will 1 be made from the funds of authorization of the expense by the 2 executive council shall be requested, and if authorized shall 3 be paid from the appropriations addressed in section 7D.29 . 4 Sec. 21. Section 13.3, Code 2011, is amended to read as 5 follows: 6 13.3 Disqualification —— substitute. 7 1. If, for any reason, the attorney general be is 8 disqualified from appearing in any action or proceeding, the 9 executive council shall appoint some authorize the appointment 10 of a suitable person for that purpose and defray the . There 11 is appropriated from moneys in the general fund not otherwise 12 appropriated an amount necessary to pay the reasonable expense 13 thereof from any unappropriated funds in the state treasury for 14 the person appointed . The department involved in the action or 15 proceeding shall be requested to recommend a suitable person 16 to represent the department and when the executive council 17 concurs in the recommendation, the person recommended shall be 18 appointed. 19 2. If the governor or a department is represented by an 20 attorney other than the attorney general in a court proceeding 21 as provided in this section , at the conclusion of the court 22 proceedings, the court shall review the fees charged to the 23 state to determine if the fees are fair and reasonable. The 24 executive council shall not reimburse authorize reimbursement 25 of attorney fees in excess of those determined by the court to 26 be fair and reasonable. 27 Sec. 22. Section 13.7, Code 2011, is amended to read as 28 follows: 29 13.7 Special counsel. 30 Compensation shall not be allowed to any person for services 31 as an attorney or counselor to an executive department of 32 the state government, or the head thereof of an executive 33 department of state government , or to a state board or 34 commission. However, the executive council may employ 35 -12- SF 538 (5) 84 tm/jp 12/ 91

S.F. 538 authorize employment of legal assistance, at a reasonable 1 compensation, in a pending action or proceeding to protect the 2 interests of the state, but only upon a sufficient showing, 3 in writing, made by the attorney general, that the department 4 of justice cannot for reasons stated by the attorney general 5 perform the service , which . The reasons and action of the 6 council shall be entered upon its records. When If the 7 attorney general determines that the department of justice 8 cannot perform legal service in an action or proceeding, 9 the executive council shall request the department involved 10 in the action or proceeding to recommend legal counsel to 11 represent the department. If the attorney general concurs with 12 the department that the person recommended is qualified and 13 suitable to represent the department, the person recommended 14 shall be employed. If the attorney general does not concur 15 in the recommendation, the department shall submit a new 16 recommendation. This section does not affect the general 17 counsel for the utilities board of the department of commerce, 18 the legal counsel of the department of workforce development, 19 or the general counsel for the property assessment appeal 20 board. 21 Sec. 23. Section 29A.27, unnumbered paragraph 8, Code 2011, 22 is amended to read as follows: 23 All payments herein provided for under this section shall 24 be paid on the approval of the adjutant general from the 25 contingent fund of the executive council created in section 26 29C.20 . 27 Sec. 24. Section 29C.8, subsection 3, paragraph f, 28 subparagraph (3), Code 2011, is amended to read as follows: 29 (3) Upon notification of a compensable loss to a member of 30 a homeland security and emergency management response team, the 31 department of administrative services shall process the claim 32 and seek funding authorization from the executive council for 33 to pay as an expense paid from the appropriations addressed in 34 section 7D.29 those costs associated with covered benefits. 35 -13- SF 538 (5) 84 tm/jp 13/ 91

S.F. 538 Sec. 25. Section 29C.20, subsection 1, paragraph a, 1 unnumbered paragraph 1, Code 2011, is amended to read as 2 follows: 3 A contingent fund is created in the state treasury for the 4 use of the executive council which . Funding for the contingent 5 fund, if authorized by the executive council, shall be paid 6 from the appropriations addressed in section 7D.29. Moneys in 7 the contingent fund may be expended for the following purposes: 8 Sec. 26. Section 96.13, subsection 3, paragraph c, Code 9 2011, is amended to read as follows: 10 c. The department may appear before the executive council 11 and request funds authorization of moneys to meet unanticipated 12 emergencies as an expense from the appropriations addressed in 13 section 7D.29 . 14 Sec. 27. Section 135.143, subsection 5, Code 2011, is 15 amended to read as follows: 16 5. Upon notification of a compensable loss, the department 17 of administrative services shall seek funding authorization 18 from the executive council for to pay as an expense from 19 the appropriations addressed in section 7D.29 those costs 20 associated with covered workers’ compensation benefits. 21 Sec. 28. Section 135.144, subsection 11, Code 2011, is 22 amended to read as follows: 23 11. If a public health disaster or other public health 24 emergency situation exists which poses an imminent threat 25 to the public health, safety, and welfare, the department, 26 in conjunction with the governor, may provide financial 27 assistance, from funds appropriated to the department that 28 are not otherwise encumbered, to political subdivisions as 29 needed to alleviate the disaster or the emergency. If the 30 department does not have sufficient unencumbered funds, the 31 governor may request that the executive council , pursuant to 32 the authority of section 7D.29 , commit sufficient funds, to 33 authorize the payment of up to one million dollars , that are 34 not otherwise encumbered from the general fund, as needed and 35 -14- SF 538 (5) 84 tm/jp 14/ 91

S.F. 538 available, for as an expense from the appropriations addressed 1 in section 7D.29 to alleviate the disaster or the emergency. 2 If additional financial assistance is required in excess of one 3 million dollars, approval by the legislative council is also 4 required. 5 Sec. 29. Section 163.3A, subsection 4, paragraph b, Code 6 2011, is amended to read as follows: 7 b. The department shall provide and update a list of 8 the registered members of each emergency response team, 9 including the members’ names and identifying information, to 10 the department of administrative services. Upon notification 11 of a compensable loss suffered by a registered member, the 12 department of administrative services shall seek funding 13 authorization from the executive council for to pay as an 14 expense from the appropriations addressed in section 7D.29 15 those costs associated with covered benefits. 16 Sec. 30. Section 163.10, Code 2011, is amended to read as 17 follows: 18 163.10 Quarantining or destroying animals. 19 The department may quarantine or destroy any animal exposed 20 to or afflicted with an infectious or contagious disease. 21 However, cattle exposed to or infected with tuberculosis shall 22 not be destroyed without the owner’s consent, unless there are 23 sufficient moneys to reimburse the owner for the cattle, which 24 may be paid from the appropriation as an expense authorized as 25 provided in section 163.15 , from moneys in the brucellosis and 26 tuberculosis eradication fund created in section 165.18 , or 27 from moneys made available by the United States department of 28 agriculture. 29 Sec. 31. Section 163.15, subsection 2, paragraph a, 30 subparagraph (3), Code 2011, is amended to read as follows: 31 (3) A claim for an indemnity by the owner and a claim for 32 compensation and expenses by the appraisers shall be filed with 33 the department and submitted by the secretary of agriculture 34 to the executive council for its approval or disapproval 35 -15- SF 538 (5) 84 tm/jp 15/ 91

S.F. 538 authorization of payment of the claim as an expense from the 1 appropriations addressed in section 7D.29 . 2 Sec. 32. Section 163.15, subsection 2, paragraph a, 3 subparagraph (4), Code 2011, is amended by striking the 4 subparagraph. 5 Sec. 33. Section 163.15, subsection 2, paragraph b, 6 unnumbered paragraph 1, Code 2011, is amended to read as 7 follows: 8 A formula established by rule adopted by the department that 9 is effective as determined by the department in accordance 10 with chapter 17A and applicable upon approval of the plan 11 program of eradication approved by the executive council. 12 The formula shall be applicable to indemnify owners if the 13 executive council, upon recommendation by the secretary of 14 agriculture, determines that an animal population in this state 15 is threatened with infection from an exceptionally contagious 16 disease. 17 Sec. 34. Section 163.15, subsection 2, paragraph b, 18 subparagraph (4), Code 2011, is amended to read as follows: 19 (4) Upon approval by the The executive council , there is 20 appropriated to the department from any moneys in the general 21 fund of the state not otherwise appropriated moneys sufficient 22 to carry out the may authorize payment under the provisions 23 of this paragraph “b” as an expense from the appropriations 24 addressed in section 7D.29 . 25 Sec. 35. Section 307.45, subsection 3, Code 2011, is amended 26 to read as follows: 27 3. Assessments against property owned by the state and 28 not under the jurisdiction and control of the department’s 29 administrator of highways shall be made in the same manner 30 as those made against private property and payment shall be 31 made subject to authorization by the executive council from 32 any funds of the state not otherwise appropriated . There is 33 appropriated from moneys in the general fund not otherwise 34 appropriated an amount necessary to pay the expense authorized 35 -16- SF 538 (5) 84 tm/jp 16/ 91

S.F. 538 by the executive council. 1 Sec. 36. Section 384.56, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. Cities may assess the cost of a public improvement which 4 extends through, abuts upon, or is adjacent to lands owned 5 by the state, and the executive council shall pay payment 6 for the assessable portion of the cost of the improvement 7 through or along the lands as provided shall be subject to 8 authorization by the executive council . The executive council 9 shall pay assessments as and payable in the manner provided 10 in section 307.45 for property owned by the state and not 11 under the jurisdiction and control of the state department of 12 transportation . 13 Sec. 37. Section 459.501, subsection 5, as amended by 2011 14 Iowa Acts, Senate File 478, section 1, as enacted, is amended 15 to read as follows: 16 5. The following shall apply to moneys in the fund: 17 a. (1) The executive council may allocate moneys from the 18 general fund of the state as authorize payment of moneys as 19 an expense paid from the appropriations addressed in section 20 7D.29 and in the manner provided in section 7D.10A in an amount 21 necessary to support the fund, including the following: 22 (a) The payment of claims as provided in section 459.505 . 23 (b) The allocation of moneys to the department of 24 agriculture and land stewardship for the payment of expenses 25 incurred by the department of agriculture and land stewardship 26 associated with providing for the sustenance and disposition of 27 livestock pursuant to chapter 717 . 28 (2) Notwithstanding subparagraph (1), the allocation of 29 moneys from the general fund of the state executive council’s 30 authorization for payment shall be made provided only if the 31 amount of moneys in the fund, which are not obligated or 32 encumbered, and not counting the department’s estimate of the 33 cost to the fund for pending or unsettled claims, the amount 34 to be allocated to the department of agriculture and land 35 -17- SF 538 (5) 84 tm/jp 17/ 91

S.F. 538 stewardship, and any amount required to be credited to the 1 general fund of the state under this subsection , is less than 2 one million dollars. 3 b. The department of natural resources shall credit an 4 amount to the general fund of the state from which the expense 5 authorized by the executive council as provided in paragraph 6 “a” was appropriated which is equal to an amount allocated to 7 support the livestock remediation fund by the executive council 8 under paragraph “a” . The However, the department shall only be 9 required to credit the moneys to the general such fund of the 10 state if the moneys in the livestock remediation fund which are 11 not obligated or encumbered, and not counting the department’s 12 estimate of the cost to the livestock remediation fund for 13 pending or unsettled claims, the amount to be allocated to the 14 department of agriculture and land stewardship, and any amount 15 required to be transferred to the general fund under from which 16 appropriated as described in this paragraph, are in excess of 17 two million five hundred thousand dollars. The department is 18 not required to credit the total amount to the general fund 19 of the state from which appropriated as described in this 20 paragraph during any one fiscal year. 21 Sec. 38. Section 468.43, unnumbered paragraph 4, Code 2011, 22 is amended to read as follows: 23 The assessments against lands under the jurisdiction 24 of the department of natural resources shall be paid as an 25 expense from the appropriations addressed in section 7D.29, 26 if authorized by the executive council upon certification of 27 the amount by the county treasurer. There is appropriated 28 from any funds in the general fund of the state not otherwise 29 appropriated amounts sufficient to pay the certified 30 assessments. 31 Sec. 39. Section 568.16, Code 2011, is amended to read as 32 follows: 33 568.16 Purchase money refunded. 34 If the grantee of the state, or the grantee’s successors, 35 -18- SF 538 (5) 84 tm/jp 18/ 91