Bill Text: IA SF540 | 2011-2012 | 84th General Assembly | Introduced

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Bill Title: A bill for an act relating to and making appropriations to designated state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters, and including effective date and contingent retroactive applicability date provisions. (Formerly SSB 1216.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF540 Detail]

Download: Iowa-2011-SF540-Introduced.html

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Senate File 540 - Introduced
SENATE FILE 540
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SSB 1216)
A BILL FOR
An Act relating to and making appropriations to designated
state departments, agencies, funds, and certain other
entities, providing for regulatory authority, and other
properly related matters, and including effective date and
contingent retroactive applicability date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
ADMINISTRATION AND REGULATION
FY 2011-2012
Section 1. DEPARTMENT OF ADMINISTRATIVE SERVICES.
1. 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 amounts, or so much thereof as is necessary, to be
used for the purposes designated, and for not more than the
following full-time equivalent positions:
a. For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,020,344
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 84.18
b. For the payment of utility costs:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,704,460
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00
Notwithstanding section 8.33, any excess funds appropriated
for utility costs in this lettered paragraph shall not revert
to the general fund of the state at the end of the fiscal year
but shall remain available for expenditure for the purposes of
this lettered paragraph during the succeeding fiscal year.
c. For Terrace Hill operations:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.88
d. For the I3 distribution account:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,277,946
e. For operations and maintenance of the Iowa building:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 995,535
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00
2. Members of the general assembly serving as members of
the deferred compensation advisory board shall be entitled
to receive per diem and necessary travel and actual expenses
pursuant to section 2.10, subsection 5, while carrying out
their official duties as members of the board.
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3. Any funds and premiums collected by the department for
workers’ compensation shall be segregated into a separate
workers’ compensation fund in the state treasury to be used
for payment of state employees’ workers’ compensation claims
and administrative costs. Notwithstanding section 8.33,
unencumbered or unobligated moneys remaining in this workers’
compensation fund at the end of the fiscal year shall not
revert but shall be available for expenditure for purposes of
the fund for subsequent fiscal years.
Sec. 2. LEASING AUTHORITY IMPLEMENTATION.
1. A state agency that has entered into a lease for any
buildings or office space shall forward a copy of each such
existing lease to the department of administrative services for
review prior to July 1, 2011.
2. A state agency that is in the process of entering into or
renewing a lease for any building or office space shall contact
the department of administrative services prior to finalizing
such lease. Such lease shall not be entered into or renewed
without the approval of the department.
3. The department shall provide space management services
and begin to lease all buildings and office space wherever
located throughout the state as provided in section 8A.321,
as amended by this Act, as soon as practicable, but by
no later than December 1, 2011. Prior to assuming those
responsibilities, the department shall review and approve
leases under subsection 2 unless, in the department’s
discretion, it is determined that entering into or renewing
such lease would not be in the best interests of the state.
4. The department is authorized to assess a fee to a state
agency for which a lease is negotiated or renewed pursuant
to this Act sufficient to cover the department’s costs in
providing space management services under this Act.
Sec. 3. TRAVEL REIMBURSEMENT IMPLEMENTATION.
1. If this Act is approved by the governor prior to July 1,
2011, the electronic online travel authorization form provided
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for in section 8A.512A, if enacted, shall be developed on or
before July 1, 2011, and executive branch employees subject
to that section traveling out of state on behalf of the state
shall utilize the form on and after that date.
2. The database to be made available by the department of
administrative services as provided in section 8A.512A, if
enacted, shall be developed and available for public access on
or before January 1, 2012.
3. The department shall develop a plan for converting
the existing reimbursement process to a paperless process,
including implementation steps, a timeline, and an estimated
budget. The plan shall be submitted to the governor by no
later than January 1, 2012.
Sec. 4. REVOLVING FUNDS. There is appropriated to the
department of administrative services for the fiscal year
beginning July 1, 2011, and ending June 30, 2012, from the
revolving funds designated in chapter 8A and from internal
service funds created by the department such amounts as the
department deems necessary for the operation of the department
consistent with the requirements of chapter 8A.
Sec. 5. FUNDING FOR IOWACCESS.
1. Notwithstanding section 321A.3, subsection 1, for the
fiscal year beginning July 1, 2011, and ending June 30, 2012,
the first $750,000 collected and transferred by the department
of transportation to the treasurer of state with respect to the
fees for transactions involving the furnishing of a certified
abstract of a vehicle operating record under section 321A.3,
subsection 1, shall be transferred to the IowAccess revolving
fund for the purposes of developing, implementing, maintaining,
and expanding electronic access to government records as
provided by law.
2. All fees collected with respect to transactions
involving IowAccess shall be deposited in the IowAccess
revolving fund and shall be used only for the support of
IowAccess projects.
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3. For the fiscal year beginning July 1, 2011, and ending
June 30, 2012, there is appropriated from the IowAccess
revolving fund, to the office of the secretary of state $75,000
for costs associated with decennial redistricting.
Sec. 6. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION
CHARGE. For the fiscal year beginning July 1, 2011, and ending
June 30, 2012, the monthly per contract administrative charge
which may be assessed by the department of administrative
services shall be $2 per contract on all health insurance plans
administered by the department.
Sec. 7. AUDITOR OF STATE.
1. There is appropriated from the general fund of the state
to the office of the auditor of state 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, and for not more than the following
full-time equivalent positions:
For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 814,921
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00
2. The auditor of state may retain additional full-time
equivalent positions as is reasonable and necessary to
perform governmental subdivision audits which are reimbursable
pursuant to section 11.20 or 11.21, to perform audits which are
requested by and reimbursable from the federal government, and
to perform work requested by and reimbursable from departments
or agencies pursuant to section 11.5A or 11.5B. The auditor
of state shall notify the department of management, the
legislative fiscal committee, and the legislative services
agency of the additional full-time equivalent positions
retained.
3. The auditor of state shall allocate resources from the
appropriation in this section solely for audit work related to
the comprehensive annual financial report, federally required
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audits, and investigations of embezzlement, theft, or other
significant financial irregularities until the audit of the
comprehensive annual financial report is complete.
Sec. 8. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There
is appropriated from the general fund of the state to the
Iowa ethics and campaign disclosure board for the fiscal year
beginning July 1, 2011, and ending June 30, 2012, the following
amount, or so much thereof as is necessary, for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00
Sec. 9. DEPARTMENT OF COMMERCE.
1. There is appropriated from the general fund of the
state to the department of commerce for the fiscal year
beginning July 1, 2011, and ending June 30, 2012, the following
amounts, or so much thereof as is necessary, for the purposes
designated:
a. ALCOHOLIC BEVERAGES DIVISION
(1) For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,220,391
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00
(2) Of the funds appropriated pursuant to this paragraph, up
to $60,000 shall be used to establish and implement a web-based
alcohol compliance employee training program for alcoholic
beverage sales personnel.
b. PROFESSIONAL LICENSING AND REGULATION BUREAU
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,353
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00
2. There is appropriated from the department of commerce
revolving fund created in section 546.12 to the department of
commerce for the fiscal year beginning July 1, 2011, and ending
June 30, 2012, the following amounts, or so much thereof as is
necessary, for the purposes designated:
a. BANKING DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,851,670
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 80.00
b. CREDIT UNION DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,727,995
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 19.00
c. INSURANCE DIVISION
(1) For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,983,244
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 106.50
(2) The insurance division may reallocate authorized
full-time equivalent positions as necessary to respond to
accreditation recommendations or requirements. The insurance
division expenditures for examination purposes may exceed the
projected receipts, refunds, and reimbursements, estimated
pursuant to section 505.7, subsection 7, including the
expenditures for retention of additional personnel, if the
expenditures are fully reimbursable and the division first does
both of the following:
(a) Notifies the department of management, the legislative
services agency, and the legislative fiscal committee of the
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need for the expenditures.
(b) Files with each of the entities named in subparagraph
division (a) the legislative and regulatory justification for
the expenditures, along with an estimate of the expenditures.
d. UTILITIES DIVISION
(1) For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,173,069
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 79.00
(2) The utilities division may expend additional funds,
including funds for additional personnel, if those additional
expenditures are actual expenses which exceed the funds
budgeted for utility regulation and the expenditures are fully
reimbursable. Before the division expends or encumbers an
amount in excess of the funds budgeted for regulation, the
division shall first do both of the following:
(a) Notify the department of management, the legislative
services agency, and the legislative fiscal committee of the
need for the expenditures.
(b) File with each of the entities named in subparagraph
division (a) the legislative and regulatory justification for
the expenditures, along with an estimate of the expenditures.
(3) Notwithstanding sections 8.33 and 476.10 or any other
provisions to the contrary, any unencumbered or unobligated
balance of the appropriation made in this paragraph for the
utilities division or any other operational appropriation made
for the fiscal year beginning July 1, 2011, and ending June
30, 2012, that remains unused, unencumbered, or unobligated at
the close of the fiscal year shall not revert but shall remain
available to be used for purposes of the energy-efficient
building project authorized under section 476.10B, or for
relocation costs in succeeding fiscal years.
3. CHARGES. Each division and the office of consumer
advocate shall include in its charges assessed or revenues
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generated an amount sufficient to cover the amount stated
in its appropriation and any state-assessed indirect costs
determined by the department of administrative services.
Sec. 10. DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING
AND REGULATION BUREAU. There is appropriated from the housing
trust fund of the Iowa finance authority created in section
16.181, to the bureau of professional licensing and regulation
of the banking division of the department of commerce 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 salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,317
Sec. 11. GOVERNOR AND LIEUTENANT GOVERNOR. There is
appropriated from the general fund of the state to the offices
of the governor and the lieutenant governor for the fiscal year
beginning July 1, 2011, and ending June 30, 2012, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,299,068
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.88
Sec. 12. DEPARTMENT OF HUMAN RIGHTS. There is appropriated
from the general fund of the state to the department of human
rights for the fiscal year beginning July 1, 2011, and ending
June 30, 2012, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. CENTRAL ADMINISTRATION DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 206,103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00
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2. COMMUNITY ADVOCACY AND SERVICES DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,056,792
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00
3. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,073,892
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00
The criminal and juvenile justice planning advisory council
and the juvenile justice advisory council shall coordinate
their efforts in carrying out their respective duties relative
to juvenile justice.
Sec. 13. DEPARTMENT OF INSPECTIONS AND APPEALS. There
is appropriated from the general fund of the state to the
department of inspections and appeals for the fiscal year
beginning July 1, 2011, and ending June 30, 2012, the following
amounts, or so much thereof as is necessary, for the purposes
designated:
1. ADMINISTRATION DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,527,740
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.40
2. ADMINISTRATIVE HEARINGS DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 553,973
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00
3. INVESTIGATIONS DIVISION
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a. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,168,639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 58.50
b. The department, in coordination with the investigations
division, shall provide a report to the general assembly by
January 10, 2012, concerning the fiscal impact of additional
full-time equivalent positions on the department’s efforts
relative to the Medicaid divestiture program under chapter
249F.
4. HEALTH FACILITIES DIVISION
a. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,562,739
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 134.75
b. The department shall, in coordination with the health
facilities division, make the following information available
to the public in a timely manner, to include providing the
information on the department’s internet website, during the
fiscal year beginning July 1, 2011, and ending June 30, 2012:
(1) The number of inspections conducted by the division
annually by type of service provider and type of inspection.
(2) The total annual operations budget for the division,
including general fund appropriations and federal contract
dollars received by type of service provider inspected.
(3) The total number of full-time equivalent positions in
the division, to include the number of full-time equivalent
positions serving in a supervisory capacity, and serving as
surveyors, inspectors, or monitors in the field by type of
service provider inspected.
(4) Identification of state and federal survey trends,
cited regulations, the scope and severity of deficiencies
identified, and federal and state fines assessed and collected
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concerning nursing and assisted living facilities and programs.
c. It is the intent of the general assembly that the
department and division continuously solicit input from
facilities regulated by the division to assess and improve
the division’s level of collaboration and to identify new
opportunities for cooperation.
5. EMPLOYMENT APPEAL BOARD
a. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00
b. The employment appeal board shall be reimbursed by
the labor services division of the department of workforce
development for all costs associated with hearings conducted
under chapter 91C, related to contractor registration. The
board may expend, in addition to the amount appropriated under
this subsection, additional amounts as are directly billable
to the labor services division under this subsection and to
retain the additional full-time equivalent positions as needed
to conduct hearings required pursuant to chapter 91C.
6. CHILD ADVOCACY BOARD
a. For foster care review and the court appointed special
advocate program, including salaries, support, maintenance, and
miscellaneous purposes, and for not more than the following
full-time equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,794,473
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.80
b. The department of human services, in coordination with
the child advocacy board and the department of inspections and
appeals, shall submit an application for funding available
pursuant to Tit. IV-E of the federal Social Security Act for
claims for child advocacy board administrative review costs.
c. The court appointed special advocate program shall
investigate and develop opportunities for expanding
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fund-raising for the program.
d. Administrative costs charged by the department of
inspections and appeals for items funded under this subsection
shall not exceed 4 percent of the amount appropriated in this
subsection.
Sec. 14. DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL
CORPORATION FOOD INSPECTIONS. For the fiscal year beginning
July 1, 2011, and ending June 30, 2012, the department of
inspections and appeals shall retain any license fees generated
during the fiscal year as a result of actions under section
137F.3A occurring during the period beginning July 1, 2009,
and ending June 30, 2011, for the purpose of enforcing the
provisions of chapters 137C, 137D, and 137F.
Sec. 15. DEPARTMENT OF INSPECTIONS AND APPEALS ——
HEALTH CARE FACILITIES INSPECTIONS. Notwithstanding any
provision of section 135C.16 to the contrary, inspections of
health care facilities that are only state-licensed and not
certified under the Medicare or Medicaid programs shall not be
inspected by the department of inspections and appeals every
thirty months, but only as provided pursuant to sections 135C.9
and 135C.38.
Sec. 16. DEPARTMENT OF INSPECTIONS AND APPEALS —— GENERAL
SUPPORT —— MEDICAID FRAUD FUND APPROPRIATION. There is
appropriated from the Medicaid fraud fund created in section
249.7 to the health facilities division of the department of
inspections and appeals 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 additional health facility surveyors, compliance
officers, and residential care facility surveyors:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000
Sec. 17. DEPARTMENT OF INSPECTIONS AND APPEALS —— STATE
MATCH REQUIREMENTS —— MEDICAID FRAUD FUND APPROPRIATION. There
is appropriated from the Medicaid fraud fund created in section
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249A.7 to the department of inspections and appeals for the
fiscal year beginning July 1, 2011, and ending June 30, 2012,
the amounts necessary for the purposes designated:
1. To cover the cost of any state match to draw down
matching federal funds through the department of human services
for additional full-time equivalent positions for conducting
investigations of alleged fraud and overpayments of food
assistance benefits through electronic benefits transfer.
2. For the state financial match requirement for meeting
the federal mandates connected with the department’s Medicaid
fraud and abuse activities, and the amount necessary to cover
costs incurred by the department or other agencies in providing
regulation, responding to allegations, or other activity
involving chapter 135O.
Sec. 18. DEPARTMENT OF INSPECTIONS AND APPEALS
—— LEGISLATIVE IMPLEMENTATION —— MEDICAID FRAUD FUND
APPROPRIATION. There is appropriated from the Medicaid fraud
fund created in section 249A.7 to the department of inspections
and appeals 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 salaries, support, maintenance, miscellaneous purposes,
administration, and other costs associated with implementation
of 2010 Iowa Acts, chapter 1177:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000
Sec. 19. RACING AND GAMING COMMISSION.
1. RACETRACK REGULATION
There is appropriated from the gaming regulatory revolving
fund established in section 99F.20 to the racing and gaming
commission of the department of inspections and appeals 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 salaries, support, maintenance, and miscellaneous
purposes for the regulation of pari-mutuel racetracks, and for
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not more than the following full-time equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,511,440
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.53
2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION
There is appropriated from the gaming regulatory revolving
fund established in section 99F.20 to the racing and gaming
commission of the department of inspections and appeals 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 salaries, support, maintenance, and miscellaneous
purposes for administration and enforcement of the excursion
boat gambling and gambling structure laws, and for not more
than the following full-time equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,078,100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 44.22
Sec. 20. ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF
INSPECTIONS AND APPEALS. There is appropriated from the road
use tax fund created in section 312.1 to the administrative
hearings division of the department of inspections and appeals
for the fiscal year beginning July 1, 2011, and ending June 30,
2012, the following amount, or so much thereof as is necessary,
for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,623,897
Sec. 21. DEPARTMENT OF MANAGEMENT.
1. There is appropriated from the general fund of the state
to the department of management for the fiscal year beginning
July 1, 2011, and ending June 30, 2012, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,423,998
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00
2. Of the moneys appropriated in this section, the
department shall use a portion for enterprise resource
planning, providing for a salary model administrator,
conducting performance audits, and for the department’s LEAN
process.
Sec. 22. ROAD USE TAX APPROPRIATION —— DEPARTMENT OF
MANAGEMENT. There is appropriated from the road use tax fund
created in section 312.1 to the department of management 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 salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,000
Sec. 23. DEPARTMENT OF REVENUE.
1. There is appropriated from the general fund of the state
to the department of revenue for the fiscal year beginning July
1, 2011, and ending June 30, 2012, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,705,459
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 303.48
2. Of the funds appropriated pursuant to this section,
$400,000 shall be used to pay the direct costs of compliance
related to the collection and distribution of local sales and
services taxes imposed pursuant to chapters 423B and 423E.
3. The director of revenue shall prepare and issue a state
appraisal manual and the revisions to the state appraisal
manual as provided in section 421.17, subsection 17, without
cost to a city or county.
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Sec. 24. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is
appropriated from the motor fuel tax fund created by section
452A.77 to the department of revenue 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 salaries, support, maintenance, miscellaneous purposes,
and for administration and enforcement of the provisions of
chapter 452A and the motor vehicle use tax program:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,305,775
Sec. 25. SECRETARY OF STATE.
1. There is appropriated from the general fund of the state
to the office of the secretary of state for the fiscal year
beginning July 1, 2011, and ending June 30, 2012, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,860,585
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 45.00
2. The state department or state agency which provides
data processing services to support voter registration file
maintenance and storage shall provide those services without
charge.
Sec. 26. SECRETARY OF STATE FILING FEES REFUND.
Notwithstanding the obligation to collect fees pursuant to the
provisions of section 490.122, subsection 1, paragraphs “a” and
“s”, and section 504.113, subsection 1, paragraphs “a”, “c”,
“d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July
1, 2011, the secretary of state may refund these fees to the
filer pursuant to rules established by the secretary of state.
The decision of the secretary of state not to issue a refund
under rules established by the secretary of state is final and
not subject to review pursuant to chapter 17A.
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Sec. 27. TREASURER.
1. There is appropriated from the general fund of the
state to the office of treasurer of state 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 salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 854,289
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.80
2. The office of treasurer of state shall supply clerical
and secretarial support for the executive council.
Sec. 28. ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER
OF STATE. There is appropriated from the road use tax fund
created in section 312.1 to the office of treasurer of state
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 enterprise resource management costs related to the
distribution of road use tax funds:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 93,148
Sec. 29. IPERS —— GENERAL OFFICE. There is appropriated
from the Iowa public employees’ retirement system fund to the
Iowa public employees’ retirement system 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 salaries, support, maintenance, and other operational
purposes to pay the costs of the Iowa public employees’
retirement system, and for not more than the following
full-time equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,686,968
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 90.13
Sec. 30. STATE CAPITOL SIDEWALK HEATING ——
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DISCONNECTION. The department of administrative services
shall disconnect electricity to the heated sidewalk installed
in the entry walkway on the East side of the state capitol
building, and shall not reconnect the electricity without the
authorization of the general assembly.
Sec. 31. Section 8A.111, subsection 4, Code 2011, is amended
by striking the subsection.
Sec. 32. Section 8A.311, subsection 15, Code 2011, is
amended to read as follows:
15. a. A bidder awarded , to be considered for an award
of a state construction contract , shall disclose to the state
agency awarding the contract the names of all subcontractors ,
and suppliers who will work on the project being bid , within
forty-eight hours after the award of the contract published
date and time by which bids must submitted .
b. A bidder shall not replace a subcontractor or supplier
disclosed under paragraph “a” without the approval of the state
agency awarding the contract.
c. A bidder, prior to an award or who is awarded a state
construction contract, shall disclose all of the following, as
applicable:
b. (1) If a subcontractor named or supplier disclosed under
paragraph “a” by a bidder awarded a state construction contract
is replaced, or if the reason for replacement and the name of
the new subcontractor or supplier.
(2) If the cost of work to be done by a subcontractor or
supplier is reduced, the bidder shall disclose the name of
the new subcontractor or changed or if the replacement of a
subcontractor or supplier results in a change in the cost, the
amount of the reduced change in cost.
Sec. 33. Section 8A.315, subsection 1, paragraph d, Code
2011, is amended by striking the paragraph.
Sec. 34. Section 8A.321, subsection 6, Code 2011, is amended
to read as follows:
6. a. Lease all buildings and office space necessary to
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carry out the provisions of this subchapter or necessary for
the proper functioning of any state agency at the seat of
government wherever located throughout the state . For state
agencies at the seat of government, the director may lease
buildings and office space in Polk county or in a county
contiguous to Polk county. If no specific appropriation
has been made, the proposed lease shall be submitted to the
executive council for approval. The cost of any lease for
which no specific appropriation has been made shall be paid
from the fund provided in section 7D.29 . Additionally, the
director shall also develop cooperative relationships with the
state board of regents in order to promote colocation of state
agencies.
b. When the general assembly is not in session, the director
may request moneys from the executive council for moving
state agencies located at the seat of government from one
location to another. The request may include moving costs,
telecommunications costs, repair costs, or any other costs
relating to the move. The executive council may approve and
shall pay the costs from funds provided in section 7D.29 if it
determines the agency or department has no available funds for
these expenses.
c. Coordinate the leasing of buildings and office space by
state agencies throughout the state and develop cooperative
relationships with the state board of regents in order to
promote the colocation of state agencies.
Sec. 35. Section 8A.327, subsection 1, Code 2011, is amended
to read as follows:
1. A rent revolving fund is created in the state treasury
under the control of the department to be used by the
department to pay the lease or rental costs of all buildings
and office space necessary for the proper functioning of any
state agency at the seat of state government wherever located
throughout the state as provided in section 8A.321, subsection
6 , except that this fund shall not be used to pay the rental
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or lease costs of a state agency which has not received funds
budgeted for rental or lease purposes.
Sec. 36. Section 8A.361, Code 2011, is amended to read as
follows:
8A.361 Vehicle assignment —— authority in department.
The department shall provide for the assignment of all
state-owned motor vehicles to utilized by all state officers
and employees, and to by all state offices, departments,
bureaus, and commissions, except the state department of
transportation, institutions under the control of the state
board of regents, the department for the blind, and any other
agencies exempted by law.
Sec. 37. Section 8A.362, subsection 4, paragraphs a through
c, Code 2011, are amended to read as follows:
a. The director shall provide for the purchase of all motor
vehicles for all branches of the state government, except the
state department of transportation, institutions under the
control of the state board of regents, the department for the
blind, and any other state agency exempted by law , which are
not rented or leased pursuant to section 8A.367 . The director
shall purchase new vehicles in accordance with competitive
bidding procedures for items or services as provided in
this subchapter . The director may purchase used or preowned
vehicles at governmental or dealer auctions if the purchase is
determined to be in the best interests of the state.
b. The director, and any other state agency, which for
purposes of this subsection includes but is not limited to
community colleges and institutions under the control of the
state board of regents, or local governmental subdivisions
purchasing new motor vehicles, shall purchase new passenger
motor vehicles and light trucks , which are not rented or leased
pursuant to section 8A.367, so that the average fuel efficiency
for the fleet of new passenger vehicles and light trucks
purchased in that year equals or exceeds the average fuel
economy standard for the vehicles’ model year as established by
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the United States secretary of transportation under 15 U.S.C.
§ 2002. This paragraph does not apply to vehicles purchased
for law enforcement purposes or used for off-road maintenance
work, or work vehicles used to pull loaded trailers.
c. Not later than June 15 of each year, the director
shall report compliance with the corporate average fuel
economy standards published by the United States secretary
of transportation for new assigned motor vehicles, other
than motor vehicles purchased by the state department of
transportation, institutions under the control of the state
board of regents, the department for the blind, and any other
state agency exempted from the requirements of this subsection .
The report of compliance shall classify the vehicles purchased
assigned for the current vehicle model year using the following
categories: passenger automobiles, enforcement automobiles,
vans, and light trucks. The director shall deliver a copy
of the report to the office of energy independence. As used
in this paragraph, “corporate average fuel economy” means the
corporate average fuel economy as defined in 49 C.F.R. § 533.5.
Sec. 38. Section 8A.362, subsection 5, Code 2011, is amended
by striking the subsection.
Sec. 39. Section 8A.362, subsections 7 through 9, Code 2011,
are amended to read as follows:
7. The director may authorize the establishment of motor
pools consisting of a number of state-owned state-assigned
motor vehicles under the director’s supervision. The director
may store the motor vehicles in a public or private garage. If
the director establishes a motor pool, any state officer or
employee desiring the use of a state-owned state-assigned motor
vehicle on state business shall notify the director of the need
for a vehicle within a reasonable time prior to actual use of
the motor vehicle. The director may assign a motor vehicle
from the motor pool to the state officer or employee , or from
the vendor awarded a contract pursuant to section 8A.367 . If
two or more state officers or employees desire the use of a
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state-owned state-assigned motor vehicle for a trip to the
same destination for the same length of time, the director may
assign one vehicle to make the trip.
8. The director shall require that a sign be placed on
each state-owned motor vehicle in a conspicuous place which
indicates its ownership by the state. This requirement
shall not apply to motor vehicles requested to be exempt by
the director or by the commissioner of public safety. All
state-owned motor vehicles shall display registration plates
bearing the word “official” except motor vehicles requested to
be furnished with ordinary plates by the director or by the
commissioner of public safety pursuant to section 321.19 . The
director shall keep an accurate record of the registration
plates used on all state-owned motor vehicles. This subsection
shall not apply to an assigned vehicle rented or leased
pursuant to section 8A.367.
9. All fuel used in state-owned state-assigned automobiles
shall be purchased at cost from the various installations
or garages of the state department of transportation, state
board of regents, department of human services, or state motor
pools throughout the state, unless the state-owned sources
for the purchase of fuel are not reasonably accessible. If
the director determines that state-owned sources for the
purchase of fuel are not reasonably accessible, the director
shall authorize the purchase of fuel from other sources. The
director may prescribe a manner, other than the use of the
revolving fund, in which the purchase of fuel from state-owned
sources is charged to the state agency responsible for the
use of the motor vehicle. The director shall prescribe the
manner in which oil and other normal motor vehicle maintenance
for state-owned motor vehicles may be purchased from private
sources, if they cannot be reasonably obtained from a state
motor pool. The director may advertise for bids and award
contracts in accordance with competitive bidding procedures
for items and services as provided in this subchapter for
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furnishing fuel, oil, grease, and vehicle replacement parts for
all state-owned motor vehicles. The director and other state
agencies, when advertising for bids for gasoline, shall also
seek bids for ethanol blended gasoline.
Sec. 40. Section 8A.363, subsection 1, Code 2011, is amended
to read as follows:
1. A state officer or employee shall not use a state-owned
state-assigned motor vehicle for personal private use. A
state officer or employee shall not be compensated for driving
a privately owned motor vehicle unless it is done on state
business with the approval of the director. In that case
the state officer or employee shall receive an amount to be
determined by the director. The amount shall not exceed
the maximum allowable under the federal internal revenue
service rules per mile, notwithstanding established mileage
requirements or depreciation allowances. However, the director
may authorize private motor vehicle rates in excess of the
rate allowed under the federal internal revenue service rules
for state business use of substantially modified or specially
equipped privately owned vehicles required by persons with
disabilities. A statutory provision establishing reimbursement
for necessary mileage, travel, or actual expenses to a state
officer falls under the private motor vehicle mileage rate
limitation provided in this section unless specifically
provided otherwise. Any peace officer employed by the state
as defined in section 801.4 who is required to use a private
motor vehicle in the performance of official duties shall
receive the private vehicle mileage rate at the rate provided
in this section . However, the director may delegate authority
to officials of the state, and department heads, for the
use of private vehicles on state business up to a yearly
mileage figure established by the director. If a state motor
vehicle has been assigned to a state officer or employee, the
officer or employee shall not collect mileage for the use of a
privately owned motor vehicle unless the state motor vehicle
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assigned is not usable.
Sec. 41. NEW SECTION . 8A.367 State-owned passenger vehicles
—— disposition and sale —— fleet privatization.
1. For purposes of this section, “passenger vehicles”
means United States environmental protection agency designated
compact sedans, compact wagon, midsize sedans, midsize wagons,
full-size sedans, and passenger minivans, and additional
vehicle classes determined by the department to be able to be
reasonably supported by a private entity for rental or leasing.
“Passenger vehicles” does not mean utility vehicles, vans other
than passenger minivans, fire trucks, ambulances, motor homes,
buses, medium-duty and heavy-duty trucks, heavy construction
equipment, and other highway maintenance vehicles, vehicles
assigned for law enforcement purposes, and any other classes of
vehicles of limited application approved by the director of the
department of administrative services.
2. On or before September 30, 2011, the department shall
implement a request for proposal process to enter into a
contract for the purpose of state passenger vehicle rental or
leasing from a private entity. Prior to awarding a contract, a
private entity shall demonstrate the following:
a. Existence of sufficient inventory of passenger vehicles
within this state to accommodate the needs of the state in
assigning passenger vehicles.
b. Existence of adequate personnel in any county within
the state where rental and leasing activity can be supported
to satisfy the terms of the contract in renting or leasing
state-assigned vehicles.
c. Existence of adequate personnel to facilitate the
sale and disposition of the existing state-owned passenger
vehicles returned to the department pursuant to subsection 3 or
otherwise under the control of the department. Notwithstanding
the provisions of section 8A.364 to the contrary, proceeds from
the sale of motor vehicles as provided by this subsection shall
be credited to the fund from which the motor vehicles were
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purchased.
3. By March 1, 2012, the department shall award a vehicle
rental or leasing contract to a private entity, and shall
assign passenger vehicles for rental or lease pursuant to that
contract, to the extent the department determines doing so
would be economically feasible and financially advantageous.
By March 1, 2012, all state-assigned passenger vehicles
designated for use by multiple drivers, and located in any
county of this state which can support the operation of a
private entity for rental and leasing purposes, which the
department determines would be suitable for rental or leasing
shall be returned to the department for use and disposition as
provided in this section.
4. Notwithstanding any other provision of state law to the
contrary, a private entity awarded a contract pursuant to this
section shall not be required to indemnify or hold harmless the
state for any liability the state might have to any third party
due to the negligence of the state or any of its employees.
5. The department shall conduct an ongoing evaluation
regarding the economic advantages of renting or leasing
state-assigned vehicles versus state ownership of such
vehicles, and shall accordingly adjust the number of vehicles
subject to the rental and leasing contract pursuant to this
section at intervals specified in the contract.
Sec. 42. Section 8A.512, subsection 2, Code 2011, is amended
by striking the subsection.
Sec. 43. NEW SECTION . 8A.512A Executive branch employee
travel —— information and database.
1. The department shall develop and maintain the following:
a. An electronic travel authorization form to be used
for any executive branch employee’s out-of-state travel,
conference, or related expenditures associated with
the employee’s official duties. The electronic travel
authorization form shall include all of the following:
(1) The identification of the employee, the employee’s
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title, and the employee’s department or agency.
(2) The travel departure point and destination point.
(3) The reason for the travel.
(4) The estimated reimbursable expenses.
(5) The date or dates upon which the travel is to occur.
b. A searchable database available on the department’s
internet site containing information related to all executive
branch employee travel that includes all of the following:
(1) The identification of the employee who engaged in the
travel, the employee’s department or agency, and the employee’s
title.
(2) The travel departure point and destination point.
(3) The reason for the travel.
(4) The actual amount of expenses reimbursed.
(5) The date or dates upon which the travel occurred.
c. Notwithstanding paragraph “b” of this subsection, the
searchable database shall not include information regarding
travel by officers and employees of the department of
public safety occurring in relation to or during the course
of criminal investigations, including but not limited to
undercover operations.
2. A claim for reimbursement for any out-of-state travel,
conference, or related expenditures shall only be allowed after
the occurrence of both of the following:
a. The electronic travel authorization form is approved by
the head of the employee’s department.
b. The request for reimbursement is submitted by the
employee on the appropriate form with required approvals.
3. For purposes of this section, “executive branch employee”
means an employee of the executive branch as defined in section
7E.2, other than a member or employee of the state board of
regents and institutions under the control of the state board
of regents.
Sec. 44. Section 22.3A, subsection 1, paragraph e, Code
2011, is amended to read as follows:
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e. “Data processing software” means an ordered set of
instructions or statements that, when executed by a computer,
causes the computer to process data, and includes any program
or set of programs, procedures, or routines used to employ
and control capabilities of computer hardware. As used in
this paragraph “data processing software” includes but is not
limited to an operating system, compiler, assembler, utility,
library resource, maintenance routine, application, or computer
networking program , or the associated documentation .
Sec. 45. Section 80E.1, Code 2011, is amended to read as
follows:
80E.1 Drug policy coordinator. Duties.
1. A drug policy coordinator shall be appointed by the
governor, subject to confirmation by the senate, and shall
serve at the pleasure of the governor. The governor shall fill
a vacancy in the office in the same manner as the original
appointment was made. The coordinator shall be selected
primarily for administrative ability. The coordinator shall
not be selected on the basis of political affiliation and shall
not engage in political activity while holding the office. The
salary of the coordinator shall be fixed by the governor.
2. 1. The coordinator department of public safety, in
coordination with the Iowa department of public health, shall:
a. Direct the governor’s office of drug control policy,
and coordinate Coordinate and monitor all statewide narcotics
enforcement efforts, coordinate and monitor all state and
federal substance abuse treatment grants and programs,
coordinate and monitor all statewide substance abuse prevention
and education programs in communities and schools, and engage
in such other related activities as required by law. In
carrying out these responsibilities, the department shall
be primarily responsible for drug enforcement efforts and
activities, and the Iowa department of public health shall be
primarily responsible for drug abuse prevention and treatment
efforts and activities. The coordinator departments shall work
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in coordinating the their efforts of the with the department of
corrections, the department of education, the Iowa department
of public health, the department of public safety, and the
department of human services. The coordinator departments
shall assist in the development and implementation of local and
community strategies to fight substance abuse, including local
law enforcement, education, and treatment activities.
b. Submit an annual report to the governor and general
assembly by November 1 of each year concerning the activities
and programs of the coordinator departments and other
departments related to drug enforcement, substance abuse
treatment programs, and substance abuse prevention and
education programs. The report shall include an assessment
of needs with respect to programs related to substance abuse
treatment and narcotics enforcement.
c. Submit an advisory budget recommendation to the governor
and general assembly concerning enforcement programs, treatment
programs, and education programs related to drugs within the
various departments. The coordinator departments shall work
with these departments in developing the departmental budget
requests to be submitted to the legislative services agency and
the general assembly.
Sec. 46. Section 80E.2, subsection 1, paragraphs a and e,
Code 2011, are amended to read as follows:
a. The drug policy coordinator commissioner , who shall serve
as chairperson of the council.
e. The A member jointly designated by the commissioner of
public safety , or the commissioner’s designee and the director
of the Iowa department of public health .
Sec. 47. Section 99D.14, subsection 2, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. Notwithstanding sections 8.60 and 99D.17,
the portion of the fee paid pursuant to paragraph “a” relating
to the costs of the commission, shall not be deposited in the
general fund of the state but instead shall be deposited into
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the gaming regulatory revolving fund established in section
99F.20.
Sec. 48. Section 99F.10, subsection 4, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. Notwithstanding sections 8.60 and 99F.4,
the portion of the fee paid pursuant to paragraph “a” relating
to the costs of the commission, shall not be deposited in the
general fund of the state but instead shall be deposited into
the gaming regulatory revolving fund established in section
99F.20.
Sec. 49. NEW SECTION . 99F.20 Gaming regulatory revolving
fund.
1. A gaming regulatory revolving fund is created in
the state treasury under the control of the department of
inspections and appeals. The fund shall consist of fees
collected and deposited into the fund paid by licensees
pursuant to section 99D.14, subsection 2, paragraph “c” , and
fees paid by licensees pursuant to section 99F.10, subsection
4, paragraph “c” . All costs relating to racetrack, excursion
boat, and gambling structure regulation shall be paid from the
fund as provided in appropriations made for this purpose by
the general assembly. The department shall provide quarterly
reports to the department of management and the legislative
services agency specifying revenues billed and collected and
expenditures from the fund in a format as determined by the
department of management in consultation with the legislative
services agency.
2. To meet the department’s cash flow needs, the department
may temporarily use funds from the general fund of the state
to pay expenses in excess of moneys available in the revolving
fund if those additional expenditures are fully reimbursable
and the department reimburses the general fund of the state
and ensures all moneys are repaid in full by the close of the
fiscal year. Notwithstanding any provision to the contrary,
the department shall, to the fullest extent possible, make
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an estimate of billings and make such billings as early as
possible in each fiscal year, so that the need for the use of
general fund moneys is minimized to the lowest extent possible.
Periodic billings shall be deemed sufficient to satisfy this
requirement. Because any general fund moneys used shall be
fully reimbursed, such temporary use of funds from the general
fund of the state shall not constitute an appropriation for
purposes of calculating the state general fund expenditure
limitation pursuant to section 8.54.
3. Section 8.33 does not apply to any moneys credited or
appropriated to the revolving fund from any other fund.
4. The establishment of the revolving fund pursuant to this
section shall not be interpreted in any manner to compromise
or impact the accountability of, or limit authority with
respect to, the department under state law. Any provision
applicable to, or responsibility of, the department shall not
be altered or impacted by the existence of the fund and shall
remain applicable to the same extent as if the department were
receiving moneys pursuant to a general fund appropriation.
The department shall comply with directions by the governor
to executive branch departments regarding restrictions on
out-of-state travel, hiring justifications, association
memberships, equipment purchases, consulting contracts, and
any other expenditure efficiencies that the governor deems
appropriate.
Sec. 50. Section 124.101, subsection 21, Code 2011, is
amended by striking the subsection.
Sec. 51. Section 124.212A, subsection 5, Code 2011, is
amended to read as follows:
5. Enter the purchaser’s name, address, date of purchase,
time of purchase, name of the pseudoephedrine product
purchased, and the quantity sold in the electronic logbook. If
the electronic logbook is unavailable, an alternative record
shall be kept that complies with the rules adopted by both the
office department and the board.
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Sec. 52. Section 124.212B, subsections 1, 5, 8, and 9, Code
2011, are amended to read as follows:
1. The office department shall establish a real-time
electronic repository to monitor and control the sale of
schedule V products containing any detectable amount of
pseudoephedrine, its salts, or optical isomers, or salts
of optical isomers; ephedrine; or phenylpropanolamine. A
pharmacy dispensing such products shall report all such sales
electronically to a central repository under the control of the
office department .
5. If the electronic logbook is unavailable for use, a
paper record for each sale shall be maintained including
the purchaser’s signature. Any paper record maintained by
the pharmacy shall be provided to the office department for
inclusion in the electronic real-time central repository as
soon as practicable.
8. Both the office department and the board shall adopt
rules to administer this section .
9. The office department shall report to the board on
an annual basis, beginning January 1, 2010, regarding the
repository, including the effectiveness of the repository in
discovering unlawful sales of pseudoephedrine products.
Sec. 53. Section 124.212C, subsections 1, 2, and 4, Code
2011, are amended to read as follows:
1. The office department shall establish a pseudoephedrine
advisory council to provide input and advise the office
department regarding the implementation and maintenance of
the statewide real-time central repository established under
section 124.212B to monitor sales of pseudoephedrine. The
office department shall specify the duties, responsibilities,
and other related matters of the advisory council.
2. a. The council shall consist of four licensed
pharmacists. The office department shall solicit
recommendations for membership on the council from the Iowa
pharmacy association and Iowa retail federation, and shall
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appoint members from the recommendations. The council shall
include a member from an independent pharmacy, a member from
a regional chain pharmacy, and a member from a national chain
pharmacy. The license of any member must be current and not
subject to disciplinary sanctions.
b. The council shall also consist of four members of the
general assembly serving as ex officio, nonvoting members, one
representative to be appointed by the speaker of the house of
representatives, one representative to be appointed by the
minority leader of the house of representatives, one senator
to be appointed by the majority leader of the senate after
consultation with the president of the senate, and one senator
to be appointed by the minority leader of the senate.
4. The council shall do the following:
a. Assist the office department in implementing and
maintaining the statewide real-time central repository
monitoring system.
b. Assist the office department in developing utilization
guidance related to the statewide real-time central repository
monitoring system and disseminating such guidance.
c. Assist the office department in developing guidelines
to ensure patient confidentiality and the integrity of the
relationship established by the patient and the patient’s
health care provider.
Sec. 54. Section 135.130, subsection 2, Code 2011, is
amended to read as follows:
2. A substance abuse treatment facility advisory council
is established within the department to advise and make
recommendations to the director regarding the establishment
and operation of a facility for persons with a substance
abuse problem who are on probation and to assist with the
implementation of treatment programs that are proven to
be effective for offenders. The substance abuse treatment
facility advisory council shall consist of the directors of the
eight judicial district departments of correctional services
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and one representative each from the judicial branch, the Iowa
department of public health, the department of corrections,
and the governor’s office of drug control policy department of
public safety .
Sec. 55. Section 216A.132, subsection 1, Code 2011, is
amended to read as follows:
1. A criminal and juvenile justice planning advisory
council is established consisting of twenty-three members who
shall all reside in the state.
a. The governor shall appoint seven eight members each for
a four-year term beginning and ending as provided in section
69.19 and subject to confirmation by the senate as follows:
(1) Three persons, each of whom is a county supervisor,
county sheriff, mayor, nonsupervisory police officer, or a
chief of police of a department with less than eleven police
officers.
(2) Two persons who are knowledgeable about Iowa’s juvenile
justice system.
(3) One person Two persons who represents represent the
general public and is are not employed in any law enforcement,
judicial, or corrections capacity.
(4) One person who is either a crime victim, or who
represents a crime victim organization.
b. The departments of human services, corrections, and
public safety, the office on the status of African Americans,
the department of public health, the chairperson of the board
of parole, the attorney general, and the state public defender ,
and the governor’s office of drug control policy shall each
designate a person to serve on the council.
c. The chief justice of the supreme court shall designate
one member who is a district judge and one member who is
either a district associate judge or associate juvenile judge.
The chairperson and ranking member of the senate committee
on judiciary shall be members. In alternating four-year
intervals, the chairperson and ranking member of the house
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committee on judiciary or of the house committee on public
safety shall be members, with the chairperson and ranking
member of the house committee on public safety serving during
the initial interval. Nonlegislative members appointed
pursuant to this paragraph shall serve for four-year terms
beginning and ending as provided in section 69.19 unless the
member ceases to serve as a district court judge.
d. The Iowa county attorneys association shall designate a
person to serve on the council.
Sec. 56. Section 216A.140, subsection 5, Code 2011, is
amended to read as follows:
5. Membership. The youth development council membership
shall be determined by the council itself and shall include the
directors or chief administrators, or their designees, from the
following state agencies and programs:
a. Child advocacy board.
b. Iowa commission on volunteer service in the office of
the governor.
c. Department of education.
d. Department of human rights.
e. Department of human services.
f. Department of public health.
g. Department of public safety.
g. h. Department of workforce development.
h. Governor’s office of drug control policy.
i. Iowa cooperative extension service in agriculture and
home economics.
j. Early childhood Iowa office in the department of
management.
Sec. 57. Section 217.20, Code 2011, is amended by striking
the section.
Sec. 58. Section 249A.7, subsection 3, as amended by 2011
Iowa Acts, House File 389, section 1, is amended by striking
the subsection and inserting in lieu thereof the following:
3. a. A Medicaid fraud fund is created in the state
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treasury under the authority of the department of inspections
and appeals. Moneys from penalties, investigative costs
recouped by the Medicaid fraud control unit, and other amounts
received as a result of prosecutions involving the department
of inspections and appeals investigations and audits to ensure
compliance with the medical assistance program that are not
credited to the program shall be credited to the fund.
b. Notwithstanding section 8.33, moneys credited to the
fund from any other account or fund shall not revert to the
other account or fund. Moneys in the fund shall only be used as
provided in appropriations from the fund and shall be used in
accordance with applicable laws, regulations, and the policies
of the office of inspector general of the United States
department of health and human services.
c. For the purposes of this subsection, “investigative
costs” means the reasonable value of a Medicaid fraud control
unit investigator’s, auditor’s or employee’s time, any moneys
expended by the Medicaid fraud control unit, and the reasonable
fair market value of resources used or expended by the Medicaid
fraud control unit in a case resulting in a criminal conviction
of a provider under this chapter or chapter 714 or 715A.
Sec. 59. Section 542.3, subsection 1, paragraph a,
subparagraph (3), Code 2011, is amended to read as follows:
(3) An examination of prospective financial information Any
engagement to be performed in accordance with the statements on
standards for attestation engagements.
Sec. 60. Section 546.12, Code 2011, is amended to read as
follows:
546.12 Department of commerce revolving fund.
1. A department of commerce revolving fund is created in
the state treasury. The fund shall consist of moneys collected
by the banking division; credit union division; utilities
division, including moneys collected on behalf of the office
of consumer advocate established in section 475A.3 ; and the
insurance division of the department; and deposited into an
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account for that division or office within the fund on a
monthly basis. Except as otherwise provided by statute, all
costs for operating the office of consumer advocate and the
banking division, the credit union division, the utilities
division, and the insurance division of the department shall be
paid from the division’s accounts within the fund, subject to
appropriation by the general assembly. The insurance division
shall administer the fund and all other divisions shall work
with the insurance division to make sure the fund is properly
accounted and reported to the department of management and the
department of administrative services. The divisions shall
provide quarterly reports to the department of management
and the legislative services agency on revenues billed and
collected and expenditures from the fund in a format as
determined by the department of management in consultation with
the legislative services agency.
2. To meet cash flow needs for the office of consumer
advocate and the banking division, credit union division,
utilities division, or the insurance division of the
department, the administrative head of that division or
office may temporarily use funds from the general fund of the
state to pay expenses in excess of moneys available in the
revolving fund for that division or office if those additional
expenditures are fully reimbursable and the division or office
reimburses the general fund of the state and ensures all
moneys are repaid in full by the close of the fiscal year.
Notwithstanding any provision to the contrary, the divisions
shall, to the fullest extent possible, make an estimate
of billings and make such billings as early as possible in
each fiscal year, so that the need for the use of general
fund moneys is minimized to the lowest extent possible.
Periodic billings shall be deemed sufficient to satisfy this
requirement. Because any general fund moneys used shall be
fully reimbursed, such temporary use of funds from the general
fund of the state shall not constitute an appropriation for
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purposes of calculating the state general fund expenditure
limitation pursuant to section 8.54 .
3. Section 8.33 does not apply to any moneys credited or
appropriated to the revolving fund from any other fund.
4. The establishment of the revolving fund pursuant
to this section shall not be interpreted in any manner to
compromise or impact the accountability of, or limit authority
with respect to, an agency or entity under state law. Any
provision applicable to, or responsibility of, a division or
office collecting moneys for deposit into the fund established
pursuant to this section shall not be altered or impacted by
the existence of the fund and shall remain applicable to the
same extent as if the division or office were receiving moneys
pursuant to a general fund appropriation. Appropriations from
the revolving fund shall not be subject to the provisions of
section 8.31, subsection 5. The divisions of the department
of commerce shall comply with directions by the governor
to executive branch departments regarding restrictions on
out-of-state travel, hiring justifications, association
memberships, equipment purchases, consulting contracts, and
any other expenditure efficiencies that the governor deems
appropriate.
Sec. 61. Section 602.8108, subsection 4, Code 2011, is
amended to read as follows:
4. The clerk of the district court shall remit all moneys
collected from the drug abuse resistance education surcharge
provided in section 911.2 to the state court administrator
for deposit in the general fund of the state and the amount
deposited is appropriated to the governor’s office of drug
control policy department of public safety for use by the drug
abuse resistance education program and other programs directed
for a similar purpose.
Sec. 62. Section 715C.2, subsection 1, Code 2011, is amended
to read as follows:
1. Any person who owns or licenses computerized data that
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includes a consumer’s personal information that is used in
the course of the person’s business, vocation, occupation,
or volunteer activities and that was subject to a breach
of security shall give notice of the breach of security
following discovery of such breach of security, or receipt
of notification under subsection 2 , to any consumer whose
personal information was included in the information that was
breached. The consumer notification shall be made in the most
expeditious manner possible and without unreasonable delay,
consistent with the legitimate needs of law enforcement as
provided in subsection 3 , and consistent with any measures
necessary to sufficiently determine contact information for
the affected consumers, determine the scope of the breach, and
restore the reasonable integrity, security, and confidentiality
of the data. A person required to provide notice of a breach
of security under this section shall also notify the attorney
general as to the timing, content, and distribution of the
notice to consumers and an approximate number of affected
consumers.
Sec. 63. Section 904.114, Code 2011, is amended to read as
follows:
904.114 Travel expenses.
The director, staff members, assistants, and employees, in
addition to salary, shall receive their necessary traveling
expenses by the nearest practicable route, when engaged in
the performance of official business. Permission shall not
be granted to any person to travel to another state except by
approval of the board and the executive council .
Sec. 64. 2009 Iowa Acts, chapter 169, section 4, subsection
2, is amended to read as follows:
2. From the moneys appropriated in this section, there
is transferred to the department of human rights two
hundred fifty thousand dollars for deposit in the individual
development account state match fund created in section 541A.7.
Notwithstanding other provisions to the contrary in section
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541A.3, subsection 1, moneys appropriated to the individual
development account state match fund under this subsection
shall may be used to provide the state match to account holders
affected by a natural disaster occurring in 2008 for which the
president of the United States declared a disaster area, and
who have a household income that is equal to or less than three
hundred percent of the federal poverty level as defined by the
most recently revised poverty income guidelines published by
the United States department of health and human services.
Sec. 65. 2010 Iowa Acts, chapter 1193, section 29, is
amended to read as follows:
SEC. 29. DEPARTMENT OF ADMINISTRATIVE SERVICES ——
INFORMATION TECHNOLOGY.
1. There is appropriated from the general fund of the state
to the department of administrative services 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 implementing 2010 Iowa Acts, Senate File 2088, division
I, including salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000
2. Notwithstanding section 8.33, moneys appropriated in
this section that remain unencumbered or unobligated at the
close of the fiscal year ending June 30, 2011, shall not revert
but shall remain available for expenditure for the purposes
designated until the close of the fiscal year ending June 30,
2012.
Sec. 66. 2011 Iowa Acts, House File 45, section 8, is
amended to read as follows:
SEC. 8. SALE OR LEASE OF IOWA COMMUNICATIONS NETWORK. The
Iowa telecommunications and technology commission shall
implement a request for proposals process to sell or lease
the Iowa communications network. The request for proposals
shall provide for the sale to be concluded or the lease
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to commence during the fiscal year beginning July 1, 2011
2012 . The commission shall condition the sale or lease of
the Iowa communications network with terms that will allow
existing authorized users of the network to continue such
use at a lower overall long-term cost when compared to the
anticipated operation and maintenance costs if state ownership
and control were to continue. Public funds shall not be used
to secure the purchase of the network. The commission shall
submit periodic status reports to the general assembly at
three-month intervals, beginning on October 1, 2011, regarding
progress made toward selling or leasing the network. The prior
authorization and approval requirements specified in section
8D.12 shall be complied with prior to a sale or lease of the
network pursuant to this section.
Sec. 67. REPEAL. 2009 Iowa Acts, chapter 179, section 146,
is repealed.
Sec. 68. CODE EDITOR DIRECTIVE. The Code editor is directed
to change the words “state-owned” to “state-assigned”, to the
extent not otherwise changed pursuant to this Act, in Code
sections 8A.362, 8A.363, 8A.364, and 8A.366.
Sec. 69. MEDICAID FRAUD FUND TRANSITION.
1. Unencumbered and unobligated moneys in and moneys
reverting to the Medicaid fraud account created in section
249A.7, Code 2011, on or after June 30, 2011, shall be credited
to the Medicaid fraud fund created in section 249A.7, by this
division of this Act.
2. The appropriations made from the Medicaid fraud account
for the fiscal years beginning July 1, 2011, and July 1, 2012,
shall instead be charged to the Medicaid fraud fund created in
section 249A.7, by this division of this Act.
3. This section of this Act, being deemed of immediate
importance, takes effect upon enactment, and, if this Act is
approved by the governor on or after July 1, 2011, subsection 1
of this section applies retroactively to June 30, 2011.
Sec. 70. EFFECTIVE UPON ENACTMENT.
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1. The section of this division of this Act directing the
department of administrative services to disconnect electricity
to the heated sidewalk installed at the state capitol building,
being deemed of immediate importance, takes effect upon
enactment.
2. The section of this division of this Act providing
implementation provisions regarding leasing authority of
the department of administrative services, being deemed of
immediate importance, takes effect upon enactment.
3. The sections of this division of this Act relating to
executive branch employee travel and travel reimbursement
implementation, being deemed of immediate importance, take
effect upon enactment.
4. The section of this division of this Act relating to
nonreversion of moneys appropriated to the department of
administrative services for implementation of 2010 Iowa Acts,
chapter 1031, division I, being deemed of immediate importance,
takes effect upon enactment.
DIVISION II
FY 2012-2013
Sec. 71. DEPARTMENT OF ADMINISTRATIVE SERVICES.
1. There is appropriated from the general fund of the state
to the department of administrative services for the fiscal
year beginning July 1, 2012, and ending June 30, 2013, the
following amounts, or so much thereof as is necessary, to be
used for the purposes designated, and for not more than the
following full-time equivalent positions:
a. For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,010,172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 84.18
b. For the payment of utility costs:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,352,230
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00
Notwithstanding section 8.33, any excess funds appropriated
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for utility costs in this lettered paragraph shall not revert
to the general fund of the state at the end of the fiscal year
but shall remain available for expenditure for the purposes of
this lettered paragraph during the succeeding fiscal year.
c. For Terrace Hill operations:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 202,957
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 6.88
d. For the I3 distribution account:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,638,973
e. For operations and maintenance of the Iowa building:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 497,768
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00
2. Members of the general assembly serving as members of
the deferred compensation advisory board shall be entitled
to receive per diem and necessary travel and actual expenses
pursuant to section 2.10, subsection 5, while carrying out
their official duties as members of the board.
3. Any funds and premiums collected by the department for
workers’ compensation shall be segregated into a separate
workers’ compensation fund in the state treasury to be used
for payment of state employees’ workers’ compensation claims
and administrative costs. Notwithstanding section 8.33,
unencumbered or unobligated moneys remaining in this workers’
compensation fund at the end of the fiscal year shall not
revert but shall be available for expenditure for purposes of
the fund for subsequent fiscal years.
Sec. 72. REVOLVING FUNDS. There is appropriated to the
department of administrative services for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, from the
revolving funds designated in chapter 8A and from internal
service funds created by the department such amounts as the
department deems necessary for the operation of the department
consistent with the requirements of chapter 8A.
Sec. 73. FUNDING FOR IOWACCESS.
1. Notwithstanding section 321A.3, subsection 1, for the
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fiscal year beginning July 1, 2012, and ending June 30, 2013,
the first $750,000 collected and transferred by the department
of transportation to the treasurer of state with respect to the
fees for transactions involving the furnishing of a certified
abstract of a vehicle operating record under section 321A.3,
subsection 1, shall be transferred to the IowAccess revolving
fund for the purposes of developing, implementing, maintaining,
and expanding electronic access to government records as
provided by law.
2. All fees collected with respect to transactions
involving IowAccess shall be deposited in the IowAccess
revolving fund and shall be used only for the support of
IowAccess projects.
Sec. 74. STATE EMPLOYEE HEALTH INSURANCE ADMINISTRATION
CHARGE. For the fiscal year beginning July 1, 2012, and ending
June 30, 2013, the monthly per contract administrative charge
which may be assessed by the department of administrative
services shall be $2 per contract on all health insurance plans
administered by the department.
Sec. 75. AUDITOR OF STATE.
1. There is appropriated from the general fund of the
state to the office of the auditor of state for the fiscal
year beginning July 1, 2012, and ending June 30, 2013, subject
to subsection 3 of this section, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated, and for not more than the following full-time
equivalent positions:
For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 407,461
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 103.00
2. The auditor of state may retain additional full-time
equivalent positions as is reasonable and necessary to
perform governmental subdivision audits which are reimbursable
pursuant to section 11.20 or 11.21, to perform audits which are
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requested by and reimbursable from the federal government, and
to perform work requested by and reimbursable from departments
or agencies pursuant to section 11.5A or 11.5B. The auditor
of state shall notify the department of management, the
legislative fiscal committee, and the legislative services
agency of the additional full-time equivalent positions
retained.
3. The auditor of state shall allocate resources from the
appropriation in this section solely for audit work related to
the comprehensive annual financial report, federally required
audits, and investigations of embezzlement, theft, or other
significant financial irregularities until the audit of the
comprehensive annual financial report is complete.
Sec. 76. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There
is appropriated from the general fund of the state to the
Iowa ethics and campaign disclosure board for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
amount, or so much thereof as is necessary, for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00
Sec. 77. DEPARTMENT OF COMMERCE.
1. There is appropriated from the general fund of the
state to the department of commerce for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
amounts, or so much thereof as is necessary, for the purposes
designated:
a. ALCOHOLIC BEVERAGES DIVISION
(1) For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 610,196
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00
(2) Two of the full-time equivalent positions authorized
pursuant to subparagraph (1) shall be allocated for purposes
associated with the implementation of 2011 Iowa Acts, House
File 617.
b. PROFESSIONAL LICENSING AND REGULATION BUREAU
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00
2. There is appropriated from the department of commerce
revolving fund created in section 546.12 to the department of
commerce for the fiscal year beginning July 1, 2012, and ending
June 30, 2013, the following amounts, or so much thereof as is
necessary, for the purposes designated:
a. BANKING DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,425,835
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 80.00
b. CREDIT UNION DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 863,998
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 19.00
c. INSURANCE DIVISION
(1) For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,491,622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 106.50
(2) The insurance division may reallocate authorized
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full-time equivalent positions as necessary to respond to
accreditation recommendations or requirements. The insurance
division expenditures for examination purposes may exceed the
projected receipts, refunds, and reimbursements, estimated
pursuant to section 505.7, subsection 7, including the
expenditures for retention of additional personnel, if the
expenditures are fully reimbursable and the division first does
both of the following:
(a) Notifies the department of management, the legislative
services agency, and the legislative fiscal committee of the
need for the expenditures.
(b) Files with each of the entities named in subparagraph
division (a) the legislative and regulatory justification for
the expenditures, along with an estimate of the expenditures.
d. UTILITIES DIVISION
(1) For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,086,535
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 79.00
(2) The utilities division may expend additional funds,
including funds for additional personnel, if those additional
expenditures are actual expenses which exceed the funds
budgeted for utility regulation and the expenditures are fully
reimbursable. Before the division expends or encumbers an
amount in excess of the funds budgeted for regulation, the
division shall first do both of the following:
(a) Notify the department of management, the legislative
services agency, and the legislative fiscal committee of the
need for the expenditures.
(b) File with each of the entities named in subparagraph
division (a) the legislative and regulatory justification for
the expenditures, along with an estimate of the expenditures.
(3) Notwithstanding sections 8.33 and 476.10 or any other
provisions to the contrary, any unencumbered or unobligated
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balance of the appropriation made in this paragraph for the
utilities division or any other operational appropriation made
for the fiscal year beginning July 1, 2012, and ending June
30, 2013, that remains unused, unencumbered, or unobligated at
the close of the fiscal year shall not revert but shall remain
available to be used for purposes of the energy-efficient
building project authorized under section 476.10B, or for
relocation costs in succeeding fiscal years.
3. CHARGES. Each division and the office of consumer
advocate shall include in its charges assessed or revenues
generated an amount sufficient to cover the amount stated
in its appropriation and any state-assessed indirect costs
determined by the department of administrative services.
Sec. 78. DEPARTMENT OF COMMERCE —— PROFESSIONAL LICENSING
AND REGULATION BUREAU. There is appropriated from the housing
trust fund of the Iowa finance authority created in section
16.181, to the bureau of professional licensing and regulation
of the banking division of the department of commerce for the
fiscal year beginning July 1, 2012, and ending June 30, 2013,
the following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,159
Sec. 79. GOVERNOR AND LIEUTENANT GOVERNOR. There is
appropriated from the general fund of the state to the offices
of the governor and the lieutenant governor for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,149,534
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.88
Sec. 80. DEPARTMENT OF HUMAN RIGHTS. There is appropriated
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from the general fund of the state to the department of human
rights for the fiscal year beginning July 1, 2012, and ending
June 30, 2013, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. CENTRAL ADMINISTRATION DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 103,052
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00
2. COMMUNITY ADVOCACY AND SERVICES DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 528,396
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 17.00
3. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 536,946
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00
The criminal and juvenile justice planning advisory council
and the juvenile justice advisory council shall coordinate
their efforts in carrying out their respective duties relative
to juvenile justice.
Sec. 81. DEPARTMENT OF INSPECTIONS AND APPEALS. There
is appropriated from the general fund of the state to the
department of inspections and appeals for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
amounts, or so much thereof as is necessary, for the purposes
designated:
1. ADMINISTRATION DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
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equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 763,870
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.40
2. ADMINISTRATIVE HEARINGS DIVISION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 276,987
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 23.00
3. INVESTIGATIONS DIVISION
a. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 584,320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 58.50
b. The department, in coordination with the investigations
division, shall provide a report to the general assembly by
January 10, 2013, concerning the fiscal impact of additional
full-time equivalent positions on the department’s efforts
relative to the Medicaid divestiture program under chapter
249F.
4. HEALTH FACILITIES DIVISION
a. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,781,370
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 134.75
b. The department shall, in coordination with the health
facilities division, make the following information available
to the public in a timely manner, to include providing the
information on the department’s internet website, during the
fiscal year beginning July 1, 2012, and ending June 30, 2013:
(1) The number of inspections conducted by the division
annually by type of service provider and type of inspection.
(2) The total annual operations budget for the division,
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including general fund appropriations and federal contract
dollars received by type of service provider inspected.
(3) The total number of full-time equivalent positions in
the division, to include the number of full-time equivalent
positions serving in a supervisory capacity, and serving as
surveyors, inspectors, or monitors in the field by type of
service provider inspected.
(4) Identification of state and federal survey trends,
cited regulations, the scope and severity of deficiencies
identified, and federal and state fines assessed and collected
concerning nursing and assisted living facilities and programs.
c. It is the intent of the general assembly that the
department and division continuously solicit input from
facilities regulated by the division to assess and improve
the division’s level of collaboration and to identify new
opportunities for cooperation.
5. EMPLOYMENT APPEAL BOARD
a. For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00
b. The employment appeal board shall be reimbursed by
the labor services division of the department of workforce
development for all costs associated with hearings conducted
under chapter 91C, related to contractor registration. The
board may expend, in addition to the amount appropriated under
this subsection, additional amounts as are directly billable
to the labor services division under this subsection and to
retain the additional full-time equivalent positions as needed
to conduct hearings required pursuant to chapter 91C.
6. CHILD ADVOCACY BOARD
a. For foster care review and the court appointed special
advocate program, including salaries, support, maintenance, and
miscellaneous purposes, and for not more than the following
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full-time equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,397,237
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.80
b. The department of human services, in coordination with
the child advocacy board and the department of inspections and
appeals, shall submit an application for funding available
pursuant to Tit. IV-E of the federal Social Security Act for
claims for child advocacy board administrative review costs.
c. The court appointed special advocate program shall
investigate and develop opportunities for expanding
fund-raising for the program.
d. Administrative costs charged by the department of
inspections and appeals for items funded under this subsection
shall not exceed 4 percent of the amount appropriated in this
subsection.
Sec. 82. DEPARTMENT OF INSPECTIONS AND APPEALS —— MUNICIPAL
CORPORATION FOOD INSPECTIONS. For the fiscal year beginning
July 1, 2012, and ending June 30, 2013, the department of
inspections and appeals shall retain any license fees generated
during the fiscal year as a result of actions under section
137F.3A occurring during the period beginning July 1, 2009,
and ending June 30, 2011, for the purpose of enforcing the
provisions of chapters 137C, 137D, and 137F.
Sec. 83. DEPARTMENT OF INSPECTIONS AND APPEALS ——
HEALTH CARE FACILITIES INSPECTIONS. Notwithstanding any
provision of section 135C.16 to the contrary, inspections of
health care facilities that are only state-licensed and not
certified under the Medicare or Medicaid programs shall not be
inspected by the department of inspections and appeals every
thirty months, but only as provided pursuant to sections 135C.9
and 135C.38.
Sec. 84. DEPARTMENT OF INSPECTIONS AND APPEALS —— GENERAL
SUPPORT —— MEDICAID FRAUD FUND APPROPRIATION. There is
appropriated from the Medicaid fraud fund created in section
249A.7 to the department of inspections and appeals for the
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fiscal year beginning July 1, 2012, and ending June 30, 2013,
the following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For additional health facility surveyors, compliance
officers, and residential care facility surveyors:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 325,000
Sec. 85. DEPARTMENT OF INSPECTIONS AND APPEALS —— STATE
MATCH REQUIREMENTS —— MEDICAID FRAUD FUND APPROPRIATION. There
is appropriated from the Medicaid fraud fund created in section
249A.7 to the department of inspections and appeals for the
fiscal year beginning July 1, 2012, and ending June 30, 2013,
the amounts necessary for the purposes designated:
1. To cover the cost of any state match to draw down
matching federal funds through the department of human services
for additional full-time equivalent positions for conducting
investigations of alleged fraud and overpayments of food
assistance benefits through electronic benefits transfer.
2. For the state financial match requirement for meeting
the federal mandates connected with the department’s Medicaid
fraud and abuse activities, and the amount necessary to cover
costs incurred by the department or other agencies in providing
regulation, responding to allegations, or other activity
involving chapter 135O.
Sec. 86. DEPARTMENT OF INSPECTIONS AND APPEALS
—— LEGISLATIVE IMPLEMENTATION —— MEDICAID FRAUD FUND
APPROPRIATION. There is appropriated from the Medicaid fraud
fund created in section 249A.7 to the department of inspections
and appeals for the fiscal year beginning July 1, 2012, and
ending June 30, 2013, the following amount, or so much thereof
as is necessary, to be used for the purposes designated:
For salaries, support, maintenance, miscellaneous purposes,
administration, and other costs associated with implementation
of 2010 Iowa Acts, chapter 1177:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000
Sec. 87. RACING AND GAMING COMMISSION.
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1. RACETRACK REGULATION
There is appropriated from the gaming regulatory revolving
fund established in section 99F.20 to the racing and gaming
commission of the department of inspections and appeals for the
fiscal year beginning July 1, 2012, and ending June 30, 2013,
the following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes for the regulation of pari-mutuel racetracks, and for
not more than the following full-time equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,255,720
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.53
2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION
There is appropriated from the gaming regulatory revolving
fund established in section 99F.20 to the racing and gaming
commission of the department of inspections and appeals for the
fiscal year beginning July 1, 2012, and ending June 30, 2013,
the following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes for administration and enforcement of the excursion
boat gambling and gambling structure laws, and for not more
than the following full-time equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,539,050
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 44.22
Sec. 88. ROAD USE TAX FUND APPROPRIATION —— DEPARTMENT OF
INSPECTIONS AND APPEALS. There is appropriated from the road
use tax fund created in section 312.1 to the administrative
hearings division of the department of inspections and appeals
for the fiscal year beginning July 1, 2012, and ending June 30,
2013, the following amount, or so much thereof as is necessary,
for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 811,949
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Sec. 89. DEPARTMENT OF MANAGEMENT.
1. There is appropriated from the general fund of the state
to the department of management for the fiscal year beginning
July 1, 2012, and ending June 30, 2013, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,211,999
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00
2. Of the moneys appropriated in this section, the
department shall use a portion for enterprise resource
planning, providing for a salary model administrator,
conducting performance audits, and for the department’s LEAN
process.
Sec. 90. ROAD USE TAX APPROPRIATION —— DEPARTMENT OF
MANAGEMENT. There is appropriated from the road use tax fund
created in section 312.1 to the department of management for
the fiscal year beginning July 1, 2012, and ending June 30,
2013, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,000
Sec. 91. DEPARTMENT OF REVENUE.
1. There is appropriated from the general fund of the state
to the department of revenue for the fiscal year beginning July
1, 2012, and ending June 30, 2013, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,852,730
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 303.48
2. Of the funds appropriated pursuant to this section,
$400,000 shall be used to pay the direct costs of compliance
related to the collection and distribution of local sales and
services taxes imposed pursuant to chapters 423B and 423E.
3. The director of revenue shall prepare and issue a state
appraisal manual and the revisions to the state appraisal
manual as provided in section 421.17, subsection 17, without
cost to a city or county.
Sec. 92. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is
appropriated from the motor fuel tax fund created by section
452A.77 to the department of revenue for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, miscellaneous purposes,
and for administration and enforcement of the provisions of
chapter 452A and the motor vehicle use tax program:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 652,888
Sec. 93. SECRETARY OF STATE.
1. There is appropriated from the general fund of the state
to the office of the secretary of state for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,430,293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 45.00
2. The state department or state agency which provides
data processing services to support voter registration file
maintenance and storage shall provide those services without
charge.
Sec. 94. SECRETARY OF STATE FILING FEES REFUND.
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Notwithstanding the obligation to collect fees pursuant to the
provisions of section 490.122, subsection 1, paragraphs “a” and
“s”, and section 504.113, subsection 1, paragraphs “a”, “c”,
“d”, “j”, “k”, “l”, and “m”, for the fiscal year beginning July
1, 2012, the secretary of state may refund these fees to the
filer pursuant to rules established by the secretary of state.
The decision of the secretary of state not to issue a refund
under rules established by the secretary of state is final and
not subject to review pursuant to chapter 17A.
Sec. 95. TREASURER.
1. There is appropriated from the general fund of the
state to the office of treasurer of state for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 427,145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.80
2. The office of treasurer of state shall supply clerical
and secretarial support for the executive council.
Sec. 96. ROAD USE TAX APPROPRIATION —— OFFICE OF TREASURER
OF STATE. There is appropriated from the road use tax fund
created in section 312.1 to the office of treasurer of state
for the fiscal year beginning July 1, 2012, and ending June 30,
2013, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For enterprise resource management costs related to the
distribution of road use tax funds:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 46,574
Sec. 97. IPERS —— GENERAL OFFICE. There is appropriated
from the Iowa public employees’ retirement system fund to the
Iowa public employees’ retirement system for the fiscal year
beginning July 1, 2012, and ending June 30, 2013, the following
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amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and other operational
purposes to pay the costs of the Iowa public employees’
retirement system, and for not more than the following
full-time equivalent positions:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,843,484
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 90.13
DIVISION III
CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
Sec. 98. EFFECTIVE DATE AND RETROACTIVE
APPLICABILITY. Unless otherwise provided, this Act, if
approved by the governor on or after July 1, 2011, takes effect
upon enactment and applies retroactively to July 1, 2011.
EXPLANATION
ADMINISTRATION AND REGULATION —— FY 2011-2012. This
division of the bill relates to and appropriates moneys to
various state departments, agencies, and funds for the fiscal
year beginning July 1, 2011, and ending June 30, 2012. The
division makes appropriations to state departments and agencies
including the department of administrative services, auditor of
state, Iowa ethics and campaign disclosure board, department
of commerce, offices of governor and lieutenant governor, the
department of human rights, department of inspections and
appeals, department of management, department of revenue,
secretary of state, treasurer of state, and Iowa public
employees’ retirement system.
The division appropriates moneys from the IowAccess
revolving fund to the office of the secretary of state for
costs associated with decennial redistricting for the fiscal
year beginning July 1, 2011, and ending June 30, 2012.
The division directs the auditor of state to allocate
resources from amounts appropriated in the bill solely for
audit work related to the comprehensive annual financial
report, federally required audits, and investigations
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of embezzlement, theft, or other significant financial
irregularities until the audit of the comprehensive annual
financial report is complete.
The division allocates a portion of moneys appropriated to
the alcoholic beverages division to establish and implement
a web-based alcohol compliance employee training program for
alcoholic beverage sales personnel.
The division provides for the nonreversion of moneys
previously appropriated for an energy-efficient building
project undertaken by the utilities division of the department
of commerce.
The division directs the department of administrative
services to disconnect electricity to the heated sidewalk
installed in the entry walkway on the East side of the state
capitol building, and not to reconnect the electricity without
the authorization of the general assembly.
The division eliminates provisions relating to state
purchases of recycled and soybean-based products, and reporting
requirements related thereto.
The division modifies provisions relating to the awarding
of state construction contracts to provide for disclosure
to the state agency awarding the contract the names of
all subcontractors and suppliers, and modifies related
requirements.
The division modifies a provision relating to the leasing of
building and office space by the department of administrative
services at the seat of government to refer to buildings
and office space wherever located throughout the state, and
provides that the director of the department shall develop
cooperative relationships with the state board of regents
in order to promote colocation of state agencies. The
division specifies implementation provisions relating to these
modifications.
The division requires the department of administrative
services to implement a request for proposals by September 30,
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2011, to enter into a contract for the purpose of renting or
leasing state passenger vehicles, as defined in the division,
from a private entity with sufficient inventory and personnel
to accommodate the needs of the state. The division provides
that by March 1, 2012, the department shall award a contract
for rental or leasing to the private entity, and assign
passenger vehicles for rental or lease, to the extent the
department determines doing so would be economically feasible
and financially advantageous. If a contract is entered into,
the division states that all state-assigned passenger vehicles
located in any county which can support the operation of a
rental and leasing entity, which the department determines
would be suitable for rental or leasing, shall be returned to
the department for sale or disposal by the private entity.
The division absolves the private entity from liability to
a third party due to negligence on the part of the state
or its employees, and requires the department to evaluate
the economic advantages of state ownership versus rental or
leasing and adjust the number of vehicles subject to the
contract accordingly. The division makes conforming changes
consistent with these provisions, and eliminates Code section
8A.362, subsection 5, which requires that a minimum of 10
percent of new state-owned passenger vehicles and light pickup
trucks shall be equipped with engines which utilize specified
alternative methods of propulsion.
The division directs the department of administrative
services to develop and maintain an electronic travel
authorization form to be used for any executive branch
employee’s out-of-state travel, conference, or related
expenditures associated with the employee’s official duties,
and a searchable database available on the department’s
internet site containing specified travel-related information.
The division states that a claim for reimbursement for any
out-of-state travel, conference, or related expenditures shall
only be allowed after the electronic travel authorization form
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is approved by the head of the employee’s department, and the
request for reimbursement is submitted by the employee on the
appropriate form with required approvals. “Executive branch
employee” is defined as an employee of the executive branch as
defined in Code section 7E.2, other than a member or employee
of the state board of regents and institutions under the
control of the state board of regents. The division specifies
implementation provisions relating to these modifications.
The division adds to a definition of “data processing
software” contained in Code section 22.3A, subsection 1,
paragraph “e”, associated documentation in relation to an
operating system, compiler, assembler, utility, library
resource, maintenance routine, application, or computer
networking program.
The division eliminates the governor’s office of drug
control policy, transferring responsibilities in relation
thereto to the department of public safety, in conjunction with
the Iowa department of public health, and making conforming
changes consistent with this elimination.
The division adds to a provision relating to providing
notice of a breach of security contained in Code section
715C.2, subsection 1, that notice shall also be provided to the
attorney general as to the timing, content, and distribution of
the notice to consumers and an approximate number of affected
consumers.
The division establishes a new gaming regulatory revolving
fund in the state treasury under the control of the department
of inspections and appeals, consisting of fees collected and
deposited into the fund paid by pari-mutuel wagering licensees
pursuant to Code section 99D.14, subsection 2, paragraph
“b”, and fees paid by gambling boat and racetrack licensees
pursuant to Code section 99F.10, subsection 4, paragraph “b”.
The division specifies that all costs relating to racetrack,
excursion boat, and gambling structure regulation shall be
paid from the fund as provided in appropriations made for
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this purpose by the general assembly. The division makes
conforming Code modifications consistent with this provision.
The division additionally provides reporting requirements
and billing estimate requirements regarding the revolving
fund, and states that the establishment of the revolving
fund shall not be interpreted in any manner to compromise or
impact the accountability of, and limitation of authority with
respect to, the department under state law. The bill adds
similar requirements in relation to the department of commerce
revolving fund established in Code section 546.12.
The division changes the Medicaid fraud account established
in Code section 249A.7 to the Medicaid fraud fund, provides
conforming and transition provisions, makes specified
appropriations from the fund, and provides specified immediate
effective and retroactive applicability provisions.
The division provides that moneys transferred pursuant to
2009 Iowa Acts, chapter 169, section 4, subsection 2, may,
rather than shall, be used to provide the state match to
individual account holders affected by a natural disaster
occurring in 2008 and declared a disaster area.
The division provides for the nonreversion of moneys
appropriated in 2010 Iowa Acts, Senate File 2088, division I,
until the close of the fiscal year ending June 30, 2012.
The division modifies provisions enacted in 2011 Iowa Acts,
House File 45, section 8, relating to the sale or lease of the
Iowa communications network, to extend the date by which the
sale is to be concluded or the lease commenced from during
the fiscal year beginning July 1, 2011, to July 1, 2012. The
division further specifies that a sale or lease shall not take
place without being authorized by the general assembly and
approved by the governor as specified in Code section 8D.12.
The division repeals a sunset provision enacted during
the 2009 legislative session applicable to the department of
commerce revolving fund established in Code section 546.12.
The sunset provision currently repeals the Code section
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effective July 1, 2011.
The division provides that the sections of the division
relating to disconnecting electricity to the specified
Capitol building sidewalk, providing implementation provisions
regarding leasing authority of the department of administrative
services and executive branch employee travel and travel
reimbursement, and relating to nonreversion of moneys
appropriated to the department of administrative services for
implementation of 2010 Iowa Acts, chapter 1031, division I,
take effect upon enactment.
ADMINISTRATION AND REGULATION —— FY 2012-2013. This
division of the bill relates to and appropriates moneys to
various state departments, agencies, and funds for the fiscal
year beginning July 1, 2012, and ending June 30, 2013. The
division makes appropriations to state departments and agencies
including the department of administrative services, auditor of
state, Iowa ethics and campaign disclosure board, department
of commerce, offices of governor and lieutenant governor, the
department of human rights, department of inspections and
appeals, department of management, department of revenue,
secretary of state, treasurer of state, and Iowa public
employees’ retirement system.
CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
Unless otherwise provided, the bill, if approved by the
governor on or after July 1, 2011, takes effect upon enactment
and applies retroactively to July 1, 2011.
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