HOUSE REPUBLICAN STAFF ANALYSIS
Bill: Senate File 601
Committee: Appropriations
Date: May 29, 2007
Staff: Lon Anderson (1-5184)
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Standing Appropriations Bill for FY 2008
SF 601 is the Standings appropriations bill for FY 08. The bill funds the property tax credits from the
Property Tax Credit Fund, appropriates $108.6 million for state employee salaries, sets the mental health
allowed growth factor for FY 09, reduces the reduction to the AEAs by $2.75 million, adds several bills
that did not make it through the funnel deadline and makes several technical and corrective changes.
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Summary of Action
The Senate PASSED SF 601 on April 23, 2007 by a vote of 29-19.
The House PASSED SF 601 on April 28, 2007 by a vote of 52-43.
The Senate PASSED SF 601 on April 29, 2007 by a vote of 30-19.
The House PASSED SF 601 on April 29, 2007 by a vote of 52-40.
The Governor SIGNED SF 601 on May 29, 2007 with item veto.
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Division by Division Analysis
Division I. FY 2008 Mental Health Allowed Growth. The division appropriates $64.6 million from
the General Fund for FY 2009 for Mental Health Allowed Growth, an increase of $8,119,862 compared
to the estimated FY 08 appropriation.
Division II. Standing Appropriations and Revenue Estimate. Requires budgets be submitted to
DOM by Oct. 1, 2007. DOM continues to require 100% budgeting procedures from state agencies. It
also caps the following amounts at the FY 07 level:
General Assembly assumes cost of capitol security including the judicial building - $775,000
Instructional support aid - $14,428,271
Nonpublic school transportation - $8,604,714
Educational excellence - $55,469,053
Peace Officers’ retirement benefits - $2,745,784
Division II also funds the property tax credits at last year’s level of $159.9 million. Of that amount,
$157.9 million is appropriated from the Property Tax Credit Fund and $2 million is appropriated from the
General Fund. The credits are funded as follows:
Homestead property tax credit - $102,658,781
Ag land and family farm tax credits $34,610,183
Military Service tax credit - $2,800,000
Elderly & Disabled Tax credit $19,800,000
This division also notwithstands the requirement that an appropriation be made to the Cash Reserve Fund
(CRF) if the percentage in the fund drops below 7.5 percent. It also increases the amount going into the
Environment First Fund from the RIIF from $35 million to $40 million. Finally, it reduces the cut to the
AEAs by $2.8 million, leaving a reduction of $5.25 million and requires that the cut be reduced by $2.75
million in FY 09 and $2.5 million in FY 2010.
Division III. Salary bill for FY 2008. This division provides salary increases for justices, judges, and
magistrates, on June 30, 2006, ranging from 11.58% for the Chief Justice of the Supreme Court to 6.87%
for a Chief Judge. Total cost of these salary increases is estimated at $2,430,643 (8.06%) for FY 08.
The division provides 3 percent increase in salary range adjustments for appointed officials for FY 08
and appropriates $108.6 million from the General Fund to the Salary Adjustment Fund for the negotiated
bargaining agreements for contract-covered employees and non-contract employees, including $40.9
million for the State Board of Regents. Also provides a 3.0 percent increase to the pay range maximum
effective June 1, 2007, and 4.5% merit step increases for non-contract employees of the State for FY 08.
The division appropriates Road Use Tax Fund (RUTF) and Primary Road Fund (PRF) moneys to pay
salary increases for employees supported from these Funds. Specifies that sworn peace officers in the
Department of Public Safety, not covered by a collective bargaining agreement, receive the same per
diem meal allowance as covered sworn peace officers. Also extends the American Federation of State,
County, and Municipal Employees (AFSCME) Sick Leave Conversion Program to non-contract-covered
Executive Branch employees, excluding the Board of Regents employees.
Division IV. Other Appropriations. This division makes other appropriations including the following:
Capitol Complex Shuttle - $120,000
Mid American Port Commission- $40,000
Western Iowa Comm College Deaf Interpreters – 200,000
$2 million for community college salaries
Pilot Project through the Dept of Elder Affairs for Livable Communities - $75,000
Department of Public Defense for Ready Reserve -- $75,000
$2 million additional for the All Iowa Opportunity Scholarships ($500,000 in the Ed Budget)
Before and After School Programs - $295,000 ($705,000 is appropriated in HITT and Ed Budget)
Increases funding for farm mediation services by $150,000 for a total of $300,000
Adds $500,000 for a E211 program for United Way Emergency Call Centers
Appropriates $14 million from the general fund for Judicial Branch (also moves $14 million of
fee revenue into the general fund). Appropriates $3 million for indigent defense (and $3 million
of fee revenue), $560,000 for the Newton Prison (and $560,000 of fee revenue) and $450,000 for
legal services poverty grants (and $450,000 of fee revenue)
$10,000 appropriation for the Junior Angus Show
Supplemental appropriation of $150,000 for Plasma Arc Technology in Cedar Rapids
$100,000 to the Secretary of State to establish a Center for Citizen Diplomacy in Des Moines
Requires state agencies to consult with the unions when establishing telecommuting policies
Allows DOM to keep the $108,000 appropriated for performance audits after June 30, 2007 and
allows Cultural Affairs to keep the funding for Great Places after June 30, 2007
Increases the amount appropriated to DOT by $120,000 and 1 FTE
Increases the amount appropriated from the Primary Road Fund to the DOT for payments to DAS
for administrative service fees
Intent that appropriations be made to fund the Tim Shields center for governing excellence
Creates a standing appropriation of $1 million for the World Food Prize
Changes the definition of vertical infrastructure for the purposes of the CAT fund to include
“water trails”
Extends the CAT fund for three additional fiscal years (sunset in FY 2013 instead of FY 2010)
Increases the amount one project can receive from $4 million to $6 million per fiscal year
Requires the Division of Homeland Security to maintain a Disaster Behavior Health Responder
Ready Reserve to provide crisis counseling in response to crises and disasters
Extends the $29.3 million for the Class Size / Reading Block Grant program until FY 2012
Increases at-risk child development program by $1.3 million compared to FY 07
Division V – Miscellaneous Statutory Changes. The division makes the following statutory changes:
Allows DAS to purchase goods and services when a limitation on vendor liability is involved
Sets state rate for mileage reimbursement within 10 percent of the federal rate - currently the
federal rate is 48.5 cents state rate is 34 cents - this would raise state rate to 44 cents
Requires the Attorney General to be reimbursed $150,000 from the second injury fund
Exempts unarmed combat fighting from being regulated by the Labor Commissioner
Delays the next socioeconomic study of the impact of gambling on Iowans to be conducted by
the State Racing and Gaming Commission from calendar year 2008 to 2013
Provides for quarterly transfers of certain wagering tax receipts to reimburse the State General
Fund for Endow Iowa Tax Credits. This change conforms the transfer provisions to similar
changes made in SF 302 (Regional Tourism Marketing Act of 2007)
Requires the DHS to allow providers to choose between biweekly or monthly billing and
payment. The estimated fiscal impact is an increase in General Fund expenditures of $358,000
and 9.0 FTE positions for FY 2008. DHS is opposed to this language
Requires children that require treatment for biologically based mental illness and meet criteria
for admission to a Psychiatric Medical Institution for Children under Medicaid, to receive
benefits under a group health insurance policy or plan providing third-party payment or pre-
payment of health, medical or surgical coverage (the insurance industry is opposed to this)
Removes the Agricultural Development Authority from the Office of the Treasurer of State and
also removes the Chairperson and the Vice-Chairperson from the selection and tenure committee
of the Authority. Permits the Governor to appoint the Executive Director of the Authority based
on administrative skills without regard to political affiliation. Requires the Auditor to conduct
annual audits of the Authority beginning with FY 08 to be paid from resources of the Authority
Creates a Farm-to-School Program and a Farm-to-School Council to promote the purchase of
locally grown or regionally-produced food for Iowa school children. Requires IDALS and the
Department of Education to publish information about the Council on their websites
Establishes a laboratory for motor fuel and biofuels at Iowa Central Community College
Requires the State Board of Education, in collaboration with the Department of Education, to
ensure that the administrative rules emphasize children’s participation is voluntary, that the
Preschool Foundation Aid is based on where the child is enrolled in preschool regardless of the
child’s school district of residence, and that the agreements for preschool programming outside
the school district’s facilities are between the school district and the private provider
Permits teacher preparation institutions to contract with school districts, accredited or licensed
private schools, and education agencies to offer pre-service licensure experiences, including
student teaching, pre-student teaching experiences, field experiences, practicums, clinics, etc.
Specifies a formula for allocating professional development dollars to Area Education Agency
staff included in the Student Achievement and Teacher Quality Program
Permits Cultural Affairs to develop and implement fee-based educational programming
Exempts transactions to transfer the jurisdiction of streets or highways from the restrictions
specified in SF 403 (FY 2007 Supplemental bill). Senate File 403 restricts the sale, exchange, or
other means of disposal of certain State real estate property with a fair market value threshold of
$5.0 million or more without prior approval of the General Assembly and Governor
Permits the DOT, with consultation from the State Patrol, to post signs along designated highway
sections as a memorial to State Patrol Officers killed in the line of duty
Requires members of a self-insured association to carry a financial liability card in the member’s
vehicle and permits the association to act as a legal entity. Permits the Department of
Transportation to issue certificates of self-insurance
Exempts a person issued a Medal of Honor plate from paying a special plate fee and annual
vehicle registration fee and makes other rule changes
Reduces the civil penalty for operating an overweight self-propelled implement of husbandry that
is operated on a non-interstate highway without an annual permit from $10,000 to $300
Specifies that if a special election is held to establish a gas or electric utility pursuant to Section
79 of this Bill, or if such a proposal is to be included on the ballot at the regular city or general
election, the mayor or city council is required to give notice to the county commissioner of
elections and to any utility whose property would be affected by such election, at least 60 days
before the proposed date of the regular city or general election, or special election
Establishes a laboratory for motor fuel and biofuels at Iowa Central Community College
Requires the State Board of Education, in collaboration with the Department of Education, to
ensure that the administrative rules emphasize children’s participation is voluntary, that the
Preschool Foundation Aid is based on where the child is enrolled in preschool regardless of the
child’s school district of residence, and that the agreements for preschool programming outside
the school district’s facilities are between the school district and the private provider
Permits teacher preparation institutions to contract with school districts, licensed private schools,
and education agencies to offer pre-service licensure experiences, including student teaching,
pre-student teaching experiences, field experiences, practicums, clinics, and internships
Specifies a formula for allocating professional development dollars to Area Education Agency
(AEA) staff included in the Student Achievement and Teacher Quality Program
Permits Cultural Affairs to develop and implement fee-based educational programming
Exempts transactions to transfer the jurisdiction of streets or highways from the restrictions
specified in SF 403
Permits the DOT, with consultation from the State Patrol, to post signs along designated highway
sections as a memorial to State Patrol Officers killed in the line of duty.
Requires members of a self-insured association to carry a financial liability card in the member’s
vehicle and permits the association to act as a legal entity. Permits DOT to issue certificates of
self-insurance
Exempts a person issued a Medal of Honor plate from paying a special plate fee and annual
vehicle registration fee and makes other rule changes
Reduces the civil penalty for operating an overweight self-propelled implement of husbandry that
is operated on a non-interstate highway without an annual permit from $10,000 to $300
Specifies that if a special election is held to establish a gas or electric utility pursuant to Section
79 of this Bill, or if such a proposal is to be included on the ballot at the regular city or general
election, the mayor or city council is required to give notice to the county commissioner of
elections and to any utility whose property would be affected by such election, at least 60 days
before the proposed date of the regular city or general election, or special election
Exempts a sanitary landfill used for coal disposal that is owned by an electric generating facility
from filing a comprehensive plan with the DNR
Adds the Department of Natural Resources (DNR) to the list of exemptions related to
competitive bid laws (Honey Creek project)
Adds Russian and European Boars to the definition for agricultural animals. Requires owners of
a Russian or European Boar to pay the Department of Agriculture and Land Stewardship an
annual $10.00 registration fee
Amends SF 564 (Wild and Dangerous Animal Bill) to allow circuses to have and use restricted
animals and to permit persons with a falconry license to keep falcons
Requires the Department of Education and the University of Northern Iowa (UNI) to convene a
task force to study the feasibility of creating a research and development school for grades Pre-
kindergarten through 12. Directs the task force to consider the existing Price Laboratory School
at UNI as the site for the new school. Requires the task force to submit a report of its findings
and recommendations to the General Assembly by January 14, 2008
Repeals the requirement that community colleges are required to receive approval from the
General Assembly and the Governor prior to the sale of student-constructed buildings and the
underlying property if the fair market value is at least $5.0 million
Division V – Miscellaneous Tax Changes. The division also makes the following tax changes:
Increases taxes on businesses by $6 million by capping the wage and benefit tax credit at $4
million ($10 million was the cap in the original Values Fund legislation)
Increases the amount of the School Tuition Organization Tax Credit from $5.0 million to $7.5
million beginning in calendar year 2008 (fiscal year 2009)
Provides a sales tax exemption for items used in the construction of the Regional Academy for
Math and Science (RAMS) located near Oelwein.
Extends the current motor vehicle fuel tax schedule from June 30, 2007, to June 30, 2012. Under
current law, the tax rates for unleaded gasoline and E-10 are adjusted annually based on the
number of gallons of ethanol-blended gasoline sold in the State. The tax rates are subject to
change each July 1, depending on the percentage of ethanol-blended gasoline sold during the
previous calendar year. The tax schedule the tax rates are based on was implemented on July 1,
2002, and is effective through June 30, 2007. After that date, the excise tax on gasoline will
revert to 20.0 cents per gallon, and E-10 will increase from 19.0 to 20.0 cents per gallon. This
will decrease revenue to the Road Use Tax Fund by $36.5 million over the next five fiscal years
Amends the current sales tax exemption for the price of items used in the fulfillment of a written
construction contract for the original construction, modifications, or additions of a building to be
used as a collaborative facility in Des Moines
Exempts wine imported from outside the State prior to June 1, 2007, and used for manufacturing
native wine from the Wine Gallonage Tax
Division VI -- Elder Services. Transfers regulatory control of elder group homes, assisted living
programs, and adult day services for licensing and monitoring purposes from the Department of Elder
Affairs to the Department of Inspections and Appeals. Also provides transitional provisions for
administrative rules.
Division VII – Food Inspections. Makes changes regarding the licensing and inspection of hotels, home
food establishments, and food establishments. This Division also increases the license fees by various
amounts for these businesses. Also increases the fees for egg handlers based on the volume of eggs
handled.
Division VIII -- Corrective Provisions. All corrective (non-substantive) changes to previously
approved bills that have been recommended by Legislative Services Agency.
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Amendments Adopted to the Bill
H-2004 by Committee on Appropriations adds language requiring the Board of Regents to develop an
articulation web site and makes three technical changes to the bill.
H-2039 by Van Fossen allows suburbs like Bettendorf and West Des Moines to qualify for Community
Attraction and Tourism (CAT) grants.
H-2005 by Dandekar, et al removed the insurance mandate for Orchard Place from the bill.
H-2139 by Oldson was the “compromise” amendment between the House Democrats, Senate Democrats
and Governor Culver:
Reduces the amount of property tax credits funded from FY 07 ending balance by $26 million, to
$131.9 million.
Increases the amount of property tax credits funded from FY 08 general fund budget by $26
million, to $28 million.
Reduces amount of funding for Homestead property tax credit by $3.4 million to put more into
the Elderly Disabled property tax credit.
Increases funding for the Elderly Disable Tax Credit by $3.4 million to provide full funding at
the new estimated level.
Transfers $3 million from the Underground Storage Tank Fund to the general fund.
Strikes Judge salary increase and replaces with just a 2% increase in salaries.
Reduces funding to the salary adjustment fund by $1.75 million.
Reduces the allocation to Judicial Branch for salaries by $1.4 million.
Reduces salary bill funding for trooper over-time by $350,000.
Strikes the $400,000 reduction in general fund allocation to Judicial retirement fund.
Strikes Mid American Port Commission
Reduces Livable Community funding by $25,000
Strikes behavioral responder funding.
Reduces All Iowa Opportunity Scholars program by $1.5 million.
Reduces funding for 211 Program by $300,000.
Strikes Center for Diplomacy.
Strikes DOT funding increase and additional FTE.
Corrects FTE for Insurance Division add 0.5 FTE.
Provides 4 FTEs for Office of Energy Independence.
Appropriates $1 million from RIIF to the Veterans Homeowners Assistance Program, this
includes $50,000 allocation for enduring families.
Reduces main street program funding in DED budget by $100,000.
Reduces World Food Prize Funding by $200,000.
Reduces UNI myinternet project funding by $100,000.
Reduces corrections education funding by $500,000.
Reduces community based corrections funding in the 6th district by $200,000.
Reduces funding in Administration and Regulation budget for the Secretary of State by
$100,000.
Strikes unarmed combat fighting provision.
Amends Lead Blood Testing bill to clarify that kids still need to attend school.
Strikes provision relating to sale or transfer of DOT property.
Strikes Troop memorial signs on highway.
Strikes reduction in fines on Implements of Husbandry.
Strikes Wild Animal provisions related to wild pigs. (keeps circus corrective language.)
Strikes behavioral responder language provisions.
Insurance rule authorization to keep insurance business transactions in the state within
compliance.
Authorization for a Legislative commercial property tax study.
H-2143, to H-2139, by Greiner and T. Taylor struck the language dealing with wild pigs.
H-2144 by the Senate added absentee ballot language and made four technical changes to the bill.
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The Governor SIGNED SF 601 on May 29, 2007 with the following item vetoes:
1) Section 28 - Requires Supreme Court to submit a detailed listing of requested increases in salaries of
all judges and magistrates annually before December 1.
Governor's comment: "This designated language runs counter to budget guidelines which ask that
departments or agencies not include salary increases in their budget requests. Furthermore, this provision
could impact the collective-bargaining process by requiring the Supreme Court to submit salary changes
prior to the completion of collective bargaining."
2) Section 42 - Appropriates $150,000 from the General Fund for a Fiscal Year 2007 supplemental
appropriation to the Department of Natural Resources for a feasibility study on the use of plasma arc
technology for the disposal of solid waste.
Governor's comment: "I recommend that an application for funds for such a study be made through the
Iowa Power Fund because it is important to determine the feasibility of plasma arc technology. The Iowa
Power Fund Board needs to provide the proper due diligence to review this and other technologies to
fulfill its mission to expand sources of alternative energy." (Note: this funding was requested by
Representative Dandekar.)
3) Section 43 - Requires the director of a department or state agency who is subject to a requirement to
develop a telecommuter employment policy to also develop such a policy and plans in conjunction with
representatives of the collective bargaining units of the affected employees.
Governor's comment: "Departmental telecommuting policies and procedures have been in place for
several years and are well established. I will direct the Department of Administrative Services and the
Department of Management to review the current state government telecommuting policy and make
recommendations for any improvements as part of our overall executive branch strategic planning
process." (Note: he vetoed similar language in other budget bills.)
4) Sections 48 and 49 - Increases the Department of Transportations’ operations budget by $16,800 from
RUTF in Section 48 and by $103,200 from the Primary Road Fund in Section 49.
Governor's comment: "This additional funding is no longer needed by the Department of Transportation."
5) Section 56 - Creates a standing appropriation for the World Food Prize of $1,000,000 annually.
Governor's comment: "While I strongly support the World Food Prize, I do not believe this appropriation
should be a standing appropriation not subject to annual review. This appropriation should be reviewed
annually during the budgetary process. Further, I would encourage greater private sector contributions
for this program."
6) Section 57 - Creates new Code language for the World Food Prize Youth Institute.
Governor's comment: "While I strongly support this program, it is already in existence and does not need
to receive statutory commitment."
7) Section 59 - Expands the Community Attraction and Tourism Program from Fiscal Year 2011 through
Fiscal Year 2013 and raises the maximum multi-year commitment to an applicant from $4 million to $6
million.
Governor's comment: "Despite this designated language, the Community Attraction and Tourism
Program is still authorized for another three years with a total remaining appropriation of $36 million. I
strongly support attracting tourism to our state and want to work with community and business leaders
and the Legislature to develop improvements to this program or create a new program before the current
program expires in Fiscal Year 2010. I am unable to support a new commitment for additional out-year
spending until I have been able to evaluate this program more fully. Furthermore, I do not believe the
maximum multi-year commitment to an applicant should be increased because it would reduce the
number of projects and communities that can participate in this program." (Note: this provision was
added in order to increase the amount available for Earthpark - the rainforest near Pella - from $12
million to $36 million. Under current law, Earthpark would still be eligible to receive up to $12 million
from CAT.)
8) Section 80 - Specifies that the reimbursement rate for use of personal vehicles while on state business
must fall within a range of not less than 90.0% or more than 110.0% of the maximum allowable under the
federal Internal Revenue Service rules.
Governor's comment: "I believe the authority to determine this rate should remain with the Director of
the Department of Administrative Services, and this language would establish a large unfunded mandate
on state agencies. I also do not want to set the precedent of making a statutory tie to federal rates and
remove this matter from the discretion of the Department of Administrative Services. I recognize the
impact that rising fuel costs have on state government employees, and I will direct the Director of the
Department of Administrative Services to develop more effective policies to encourage state government
employees to use fuel-efficient state vehicles more frequently."
All other provisions of the bill were signed into law.