Bill Text: IA SF2071 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to and making supplemental appropriations for the fiscal year beginning July 1, 2011, and including effective dates. (Formerly SSB 3071.) Item veto. Effective 3-2-12.

Spectrum: Committee Bill

Status: (Passed) 2012-03-02 - Item vetoed, signed by Governor. S.J. 448. [SF2071 Detail]

Download: Iowa-2011-SF2071-Enrolled.html

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Senate File 2071
AN ACT
RELATING TO AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE
FISCAL YEAR BEGINNING JULY 1, 2011, AND INCLUDING EFFECTIVE
DATES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
CORRECTIONS —— APPROPRIATIONS
UTILITY EXPENDITURES —— APPROPRIATION REDUCTIONS
Section 1. STATE AGENCY UTILITY EXPENDITURES.
1. For the purposes of this section, “department” or
“agency” does not include a state department or agency
receiving a supplemental appropriation for the fiscal year

Senate File 2071, p. 2
beginning July 1, 2011, pursuant to an enactment by the
Eighty-fourth General Assembly, 2012 session, the state board
of regents and the institutions under the control of the state
board, or the judicial branch.
2. a. For the time period beginning on the effective date
of this section through June 30, 2012, each state department
and agency shall be subject to a limitation on expenditures
for utilities made by the department or agency on or after the
effective date of this section.
b. The overall dollar amount of the limitation shall be
equal to $1,000,000 and shall be applied to the unexpended or
unencumbered amount that a department or agency has budgeted
or otherwise designated for purposes of utilities from the
appropriations made to the department or agency from the
general fund of the state for the fiscal year beginning July
1, 2011, and ending June 30, 2012, as of the effective date of
this section.
3. The appropriations to which the expenditure limitation
required by this section are attributed shall be reduced
in proportion to which a department or agency budget for
utilities bears to the overall amount budgeted by the affected
departments and agencies for utilities. Within 30 days of the
enactment date of this section, the department of management
shall apply such appropriation reductions and shall submit a
report to the general assembly and legislative services agency
itemizing the expenditure and appropriation reductions applied.
MEDICAID APPROPRIATION REDUCTION
Sec. 2. 2011 Iowa Acts, chapter 129, section 10, unnumbered
paragraph 2, is amended to read as follows:
For medical assistance program reimbursement and associated
costs as specifically provided in the reimbursement
methodologies in effect on June 30, 2011, except as otherwise
expressly authorized by law, and consistent with options under
federal law and regulations:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 909,993,421
903,493,421
Sec. 3. 2011 Iowa Acts, chapter 134, section 3, is amended
to read as follows:
SEC. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES.
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2011, and ending June 30, 2012, the following

Senate File 2071, p. 3
amounts, or so much thereof as is necessary, to be used for the
operation of adult correctional institutions, reimbursement
of counties for certain confinement costs, and federal prison
reimbursement, to be allocated as follows:
a. For the operation of the Fort Madison correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,031,283
42,292,031
b. For the operation of the Anamosa correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,985,974
32,168,148
c. For the operation of the Oakdale correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,594,426
56,589,899
d. For the operation of the Newton correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,958,757
26,601,701
e. For the operation of the Mt. Pleasant correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,917,815
26,321,902
f. For the operation of the Rockwell City correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,316,466
9,403,464
g. For the operation of the Clarinda correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,482,356
24,669,743
Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation are appropriated to the department and shall be

Senate File 2071, p. 4
used for the purpose of operating the Clarinda correctional
facility.
h. For the operation of the Mitchellville correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,615,374
15,832,339
i. For the operation of the Fort Dodge correctional
facility, including salaries, support, maintenance, and
miscellaneous purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,062,235
29,259,196
j. For reimbursement of counties for temporary confinement
of work release and parole violators, as provided in sections
901.7 , 904.908 , and 906.17 , and for offenders confined pursuant
to section 904.513 :
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092
1,075,092
k. For federal prison reimbursement, reimbursements for
out-of-state placements, and miscellaneous contracts:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411
484,411
l. For three correctional officer full-time equivalent
positions that are to be assigned to a correctional institution
by the director of the department of corrections:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 157,162
2. The department of corrections shall use moneys
appropriated in subsection 1 to continue to contract for the
services of a Muslim imam and a Native American spiritual
leader.
DEPARTMENT OF CORRECTIONS —— ADMINISTRATION
Sec. 4. 2011 Iowa Acts, chapter 134, section 4, subsection
1, unnumbered paragraph 1, is amended to read as follows:
For general administration, including salaries, support,
maintenance, employment of an education director to administer
a centralized education program for the correctional system,
and miscellaneous purposes:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,835,542
5,181,582
JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES
Sec. 5. 2011 Iowa Acts, chapter 134, section 5, subsection
1, is amended to read as follows:

Senate File 2071, p. 5
1. There is appropriated from the general fund of the state
to the department of corrections for the fiscal year beginning
July 1, 2011, and ending June 30, 2012, for salaries, support,
maintenance, and miscellaneous purposes, the following amounts,
or so much thereof as is necessary, to be allocated as follows:
a. For the first judicial district department of
correctional services:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,204,948
12,658,088
b. For the second judicial district department of
correctional services:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,336,948
10,467,801
c. For the third judicial district department of
correctional services:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,599,765
5,952,381
d. For the fourth judicial district department of
correctional services:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,391,355
5,416,853
e. For the fifth judicial district department of
correctional services, including funding for electronic
monitoring devices for use on a statewide basis:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,742,129
18,897,467
f. For the sixth judicial district department of
correctional services:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,112,563
13,712,506
g. For the seventh judicial district department of
correctional services:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,492,814
6,716,588
h. For the eighth judicial district department of
correctional services:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,879,715
7,372,419
DIVISION II
RISK POOL FUNDING
Sec. 6. RISK POOL APPLICATIONS FOR FISCAL YEAR 2011-2012.
1. For the purposes of this section, unless the context

Senate File 2071, p. 6
otherwise requires:
a. “County management plan” means the county management
plan for the county’s mental health, mental retardation, and
developmental disabilities services system implemented in
accordance with section 331.439 and in effect as of July 1,
2011.
b. “Department” means the department of human services.
c. “Risk pool board” means the risk pool board created in
section 426B.5 .
d. “Services fund” means the county mental health, mental
retardation, and developmental disabilities services fund
created in section 331.424A .
2. All moneys remaining following the distributions made
pursuant to 2011 Iowa Acts, chapter 129, section 43, shall be
credited to and remain in the risk pool created in the property
tax relief fund pursuant to section 426B.5 for expenditure as
provided by law. Notwithstanding section 426B.5, subsection
2, paragraph “d”, and 2011 Iowa Acts, chapter 129, section 43,
subsection 2, paragraph “c”, a county may apply to the risk
pool board for assistance from the risk pool for the fiscal
year beginning July 1, 2011, in accordance with this section.
3. a. A county with individuals on a waiting list, as of
the effective date of this section, for services covered under
the county’s county management plan is eligible to apply for a
distribution of assistance under this section.
b. In addition, a county may apply for assistance to
cover the nonfederal share of medical assistance waiver costs
chargeable to the county for the fiscal year of individuals
who became eligible for the medical assistance program home
and community-based waiver for persons with an intellectual
disability on or after October 1, 2011.
4. All of the following provisions shall apply to a funding
distribution under this section:
a. A county’s application for the funding distribution must
be received by the department within 10 calendar days of the
enactment date of this section.
b. The county’s application shall provide all of the
following information:
(1) A declaration that the county cannot provide services
in accordance with the county’s management plan and remain in
compliance with the 99 percent budgeting requirement in section
331.439, subsection 5 , resulting in the creation of a waiting

Senate File 2071, p. 7
list or the need for the funding requested.
(2) An accounting of the individuals to be removed from
the county’s waiting list or to have services funded with risk
pool moneys as a result of the funding applied for under this
subsection, along with the following information in a format
specified by the department:
(a) Each individual’s unique client identifier established
pursuant to section 225C.6A, subsection 3 .
(b) The date the individual was originally placed on the
county waiting list, removed from the state waiting list, or
would be subject to a service reduction or elimination without
the risk pool funding requested.
(c) The services needed by the individual.
(d) The projected cost for each service needed for that
individual for the period beginning on the date the individual
is removed from the county or state waiting list, or the date
of receipt of the risk pool funding requested, through June 30,
2012.
(e) The total cost for all of the services for each
individual for the fiscal year.
c. The application shall be accompanied by a signed
statement by the county’s board of supervisors certifying
that the individuals for whom funding is provided under this
subsection will not, through June 30, 2012, be placed by the
county on a waiting list for services.
d. Funding shall be distributed in the following priority
order:
(1) For counties with individuals on a waiting list as
described in subsection 3, paragraph “a”.
(2) If funding remains after meeting the need described
in subparagraph (1), for counties applying for assistance to
cover the nonfederal share of medical assistance costs for
individuals who became eligible for the medical assistance
program home and community-based waiver for persons with
an intellectual disability on or after October 1, 2011, as
described in subsection 3, paragraph “b”.
e. The risk pool board may accept or reject an application
for assistance in whole or in part if the board determines
the application does not meet the intent of this section or a
requirement of this section and, subject to the priority order
specified in paragraph “d”, may prorate distribution of funding
as necessary to conform to the amount available for

Senate File 2071, p. 8
distribution. The decision of the risk pool board is final.
The risk pool board shall issue a funding decision within 15
working days of the final receipt date for applications.
f. The funding addressed by this section shall be
distributed within 15 working days of the date the risk pool
board’s funding decision is issued.
5. If moneys from a distribution made under this section
are not expended by a county by November 1, 2012, for services
provided prior to July 1, 2012, the county shall reimburse the
unexpended moneys to the department by November 30, 2012, and
the moneys reimbursed shall be credited to the risk pool in the
property tax relief fund.
6. The risk pool board shall submit a report to the governor
and general assembly on or before December 31, 2012, regarding
the expenditure of funds distributed under this section.
DIVISION III
MENTAL HEALTH, MENTAL RETARDATION, AND DEVELOPMENTAL
DISABILITIES SERVICES PROPERTY TAX RELIEF AND SERVICE
MANAGEMENT PLANS
Sec. 7. PROPERTY TAX RELIEF —— FY 2012-2013. There is
appropriated from the Iowa economic emergency fund to the
department of human services for the fiscal year beginning July
1, 2011, and ending June 30, 2012, notwithstanding section
8.55, subsection 1, the following amount, or so much thereof as
is necessary, to be used for the purposes designated:
To be credited to the property tax relief fund to be used
to restore the amount of the standing appropriation made from
the general fund of the state in section 426B.1, subsection 1,
for the fiscal year beginning July 1, 2012, in the amount of
the reduction applied pursuant to 2011 Iowa Acts, chapter 129,
section 154:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,200,089
Sec. 8. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
DEVELOPMENTAL DISABILITIES SERVICES MANAGEMENT PLAN ——
STRATEGIC PLAN. Notwithstanding section 331.439, subsection
1, paragraph “b”, subparagraph (3), counties are not required
to submit a three-year strategic plan by April 1, 2012, to the
department of human services. A county’s strategic plan in
effect as of the effective date of this section shall remain in
effect, subject to modification as necessary to conform with
statutory changes affecting the plan.
DIVISION IV
EFFECTIVE DATE

Senate File 2071, p. 9
Sec. 9. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2071, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor