Text: H08642                            Text: H08644
Text: H08600 - H08699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8643

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5383, to Senate File
  1  2 2298, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  Page 1, by inserting after line 4 the
  1  5 following:
  1  6    "#   .  Page 2, by striking lines 9 through 20."
  1  7    #2.  Page 1, by striking lines 5 through 26 and
  1  8 inserting the following:
  1  9    "#   .  Page 2, line 30, by striking the figure
  1 10 "1,950,000" and inserting the following:  "1,889,610".
  1 11    #   .  Page 2, line 33, by striking the figure
  1 12 "1,950,000" and inserting the following:
  1 13 "1,889,610"."
  1 14    #3.  Page 2, line 17, by striking the word
  1 15 "PROPERTY" and inserting the following:  "STATE".
  1 16    #4.  Page 2, line 18, by striking the word
  1 17 "property" and inserting the following:  "state".
  1 18    #5.  Page 2, by striking lines 22 through 45.
  1 19    #6.  Page 3, by striking lines 8 through 10.
  1 20    #7.  By striking page 3, line 25, through page 9,
  1 21 line 3.
  1 22    #8.  Page 12, by striking lines 22 through 25 and
  1 23 inserting the following:  "issued pursuant to this
  1 24 section.""
  1 25    #9.  Page 13, by striking lines 38 through 40 and
  1 26 inserting the following:  "education agencies.""
  1 27    #10.  Page 28, by striking lines 8 through 24 and
  1 28 inserting the following:
  1 29    "2.  Six Eight commissioners shall be honorably
  1 30 discharged members of the armed forces of the United
  1 31 States.  The American legion of Iowa, disabled
  1 32 American veterans department of Iowa, veterans of
  1 33 foreign wars department of Iowa, American veterans of
  1 34 World War II, Korea, and Vietnam, the Vietnam veterans
  1 35 of America, and the military order of the purple
  1 36 heart, through their department commanders, shall
  1 37 submit two names respectively from their organizations
  1 38 to the governor.  The adjutant general and the Iowa
  1 39 affiliate of the reserve officers association shall
  1 40 submit names to the governor of persons to represent
  1 41 the Iowa national guard and the association.  The
  1 42 governor shall appoint from the group of names
  1 43 submitted by the adjutant general and reserve officers
  1 44 association two representatives and from each of the
  1 45 other organizations one representative to serve as a
  1 46 member of the commission, unless the appointments
  1 47 would conflict with the bipartisan and gender balance
  1 48 provisions of sections 69.16 and 69.16A.  In addition,
  1 49 the governor shall appoint one member of the public,
  1 50 knowledgeable in the general field of veterans
  2  1 affairs, to serve on the commission.""
  2  2    #11.  Page 28, line 30, by inserting after the word
  2  3 "be" the following:  "a resident of the state of Iowa
  2  4 who served in the armed forces of the United States
  2  5 and was honorably discharged, and is".
  2  6    #12.  Page 30, lines 13 and 14, by striking the
  2  7 words "the year preceding" and inserting the
  2  8 following:  "the year preceding".
  2  9    #13.  Page 42, line 8, by striking the figure "21."
  2 10 and inserting the following:  "21 and inserting the
  2 11 following:  
  2 12                      "DIVISION    
  2 13            REBUILD IOWA INFRASTRUCTURE FUND
  2 14    Sec.    .  There is appropriated from the rebuild
  2 15 Iowa infrastructure fund to the following departments
  2 16 and agencies for the designated fiscal years, the
  2 17 following amounts, or so much thereof as is necessary,
  2 18 to be used for the purposes designated:
  2 19    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
  2 20    a.  For routine maintenance of state buildings and
  2 21 facilities, notwithstanding section 8.57, subsection
  2 22 5, paragraph "c":  
  2 23 FY 2004-2005...................................... $  2,000,000
  2 24    b.  For relocation costs directly associated with
  2 25 remodeling projects on the capitol complex and for
  2 26 facility lease payments for the department of
  2 27 corrections, the Iowa department of public health, and
  2 28 the department of public safety, notwithstanding
  2 29 section 8.57, subsection 5, paragraph "c":  
  2 30 FY 2004-2005...................................... $  2,271,617
  2 31    c.  For technology improvement projects,
  2 32 notwithstanding section 8.57, subsection 5, paragraph
  2 33 "c":  
  2 34 FY 2004-2005...................................... $    1,861,496
  2 35    Of the amount appropriated in this lettered
  2 36 paragraph, $288,496 is allocated to maintain and
  2 37 operate the enterprise warehouse technology project
  2 38 and $73,000 is allocated to the division of criminal
  2 39 and juvenile justice planning of the department of
  2 40 human rights for 1.00 full-time equivalent position to
  2 41 provide support for the justice data warehouse
  2 42 technology project.
  2 43    d.  For major renovation and major repair needs,
  2 44 including health, life, and fire safety needs, and for
  2 45 compliance with the federal Americans With
  2 46 Disabilities Act, for state buildings and facilities
  2 47 under the purview of the department:  
  2 48 FY 2004-2005...................................... $  4,300,000
  2 49    (1)  Of the amount appropriated in this lettered
  2 50 paragraph, up to $375,000 may be used for costs
  3  1 associated with project management services in the
  3  2 division of design and construction within the general
  3  3 services enterprise of the department, notwithstanding
  3  4 section 8.57, subsection 5, paragraph "c".
  3  5    (2)  Of the amount appropriated in this lettered
  3  6 paragraph, $200,000 may be used for costs associated
  3  7 with the vertical infrastructure program,
  3  8 notwithstanding section 8.57, subsection 5, paragraph
  3  9 "c".
  3 10    e.  For costs associated with the remodeling of the
  3 11 records and property center:  
  3 12 FY 2004-2005...................................... $  5,000,000
  3 13 FY 2005-2006...................................... $  4,700,000
  3 14    f.  For accent lighting systems for the soldiers
  3 15 and sailors monument and the Allison monument on the
  3 16 capitol complex:  
  3 17 FY 2004-2005...................................... $     35,000
  3 18    g.  For capitol interior restoration:  
  3 19 FY 2004-2005...................................... $  1,770,000
  3 20    h.  For costs associated with the purchase of
  3 21 laboratory equipment for and the maintenance and
  3 22 operation of the state laboratories facility located
  3 23 in Ankeny, notwithstanding section 8.57, subsection 5,
  3 24 paragraph "c":  
  3 25 FY 2004-2005...................................... $    355,500
  3 26    2.  DEPARTMENT FOR THE BLIND
  3 27    For the remodeling of the orientation center:  
  3 28 FY 2004-2005...................................... $     67,000
  3 29    3.  STATE BOARD OF REGENTS
  3 30    For maintenance at the Iowa school for the deaf and
  3 31 the Iowa braille and sight saving school:  
  3 32 FY 2004-2005...................................... $    500,000
  3 33    4.  DEPARTMENT OF CORRECTIONS
  3 34    a.  For costs of entering into a lease-purchase
  3 35 agreement to connect the electrical system supporting
  3 36 the special needs unit at Fort Madison:  
  3 37 FY 2004-2005...................................... $    333,168
  3 38    b.  For construction of a community-based
  3 39 correctional facility, including district offices, in
  3 40 Davenport:  
  3 41 FY 2004-2005...................................... $  3,000,000
  3 42 FY 2005-2006...................................... $  3,750,000
  3 43 FY 2006-2007...................................... $  3,750,000
  3 44    It is the intent of the general assembly that the
  3 45 department of management allocate the entire
  3 46 appropriation for the fiscal year beginning July 1,
  3 47 2006, to the department of corrections by July 31,
  3 48 2006.
  3 49    5.  DEPARTMENT OF CULTURAL AFFAIRS
  3 50    a.  For historical site preservation grants, to be
  4  1 used for the restoration, preservation, and
  4  2 development of historical sites:  
  4  3 FY 2004-2005...................................... $    500,000
  4  4    Historical site preservation grants shall only be
  4  5 awarded for projects which meet the definition of
  4  6 "vertical infrastructure" in section 8.57, subsection
  4  7 5, paragraph "c".
  4  8    In making grants pursuant to this lettered
  4  9 paragraph, the department shall consider the existence
  4 10 and amount of other funds available to an applicant
  4 11 for the designated project.  A grant awarded from
  4 12 moneys appropriated in this lettered paragraph shall
  4 13 not exceed $100,000 per project.  Not more than two
  4 14 grants may be awarded in the same county.
  4 15    b.  For continuation of the project recommended by
  4 16 the Iowa battle flag advisory committee to stabilize
  4 17 the condition of the battle flag collection,
  4 18 notwithstanding section 8.57, subsection 5, paragraph
  4 19 "c":  
  4 20 FY 2004-2005...................................... $    100,000
  4 21    6.  DEPARTMENT OF ECONOMIC DEVELOPMENT
  4 22    a.  For accelerated career education program
  4 23 capital projects at community colleges that are
  4 24 authorized under chapter 260G and that meet the
  4 25 definition of "vertical infrastructure" in section
  4 26 8.57, subsection 5, paragraph "c":  
  4 27 FY 2004-2005...................................... $  5,500,000
  4 28    The moneys appropriated in this paragraph shall be
  4 29 allocated equally among the community colleges in the
  4 30 state.  If any portion of the equal allocation to a
  4 31 community college is not obligated or encumbered by
  4 32 April 1, 2005, the unobligated and unencumbered
  4 33 portions shall be available for use by other community
  4 34 colleges.
  4 35    b.  For sole source grant costs associated with the
  4 36 hosting of the national special Olympics in Iowa by a
  4 37 special Olympics nonprofit entity, notwithstanding
  4 38 section 8.57, subsection 5, paragraph "c":  
  4 39 FY 2004-2005...................................... $    500,000
  4 40    c.  To provide a grant for the planning, design,
  4 41 and construction of a not-for-profit family
  4 42 recreational facility that will also include a cardiac
  4 43 rehabilitation center and a family indoor aquatic
  4 44 center and which will be located in a county with a
  4 45 population between 150,000 and 185,000:  
  4 46 FY 2004-2005...................................... $    200,000
  4 47    d.  To be used for the Iowa Lewis and Clark
  4 48 bicentennial commission established pursuant to
  4 49 section 15.221, notwithstanding section 8.57,
  4 50 subsection 5, paragraph "c":  
  5  1 FY 2004-2005...................................... $     50,000
  5  2    7.  DEPARTMENT OF EDUCATION
  5  3    a.  To provide resources for structural and
  5  4 technological improvements to local libraries and for
  5  5 the enrich Iowa program, notwithstanding section 8.57,
  5  6 subsection 5, paragraph "c":  
  5  7 FY 2004-2005...................................... $    600,000
  5  8    Funds allocated for purposes of the enrich Iowa
  5  9 program as provided in this lettered paragraph shall
  5 10 be distributed by the division of libraries and
  5 11 information services to provide support for Iowa's
  5 12 libraries.
  5 13    b.  For maintenance and lease costs associated with
  5 14 part III connections, notwithstanding section 8.57,
  5 15 subsection 5, paragraph "c":  
  5 16 FY 2004-2005...................................... $  2,727,000
  5 17    c.  For costs associated with the remodeling of the
  5 18 Jessie Parker building:  
  5 19 FY 2004-2005...................................... $    303,632
  5 20    d.  For allocation to the public broadcasting
  5 21 division for costs of installation of digital and
  5 22 analog television for Iowa public television
  5 23 facilities, notwithstanding section 8.57, subsection
  5 24 5, paragraph "c":  
  5 25 FY 2004-2005...................................... $  8,000,000
  5 26 FY 2005-2006...................................... $  8,000,000
  5 27 FY 2006-2007...................................... $  2,300,000
  5 28    8.  DEPARTMENT OF HUMAN SERVICES
  5 29    To provide a grant for the planning, design, and
  5 30 construction of a residential treatment facility for
  5 31 youth with emotional and behavioral disorders located
  5 32 in a central Iowa county with a population of
  5 33 approximately 80,000:  
  5 34 FY 2004-2005...................................... $    250,000
  5 35    9.  IOWA STATE FAIR AUTHORITY
  5 36    For vertical infrastructure projects on the state
  5 37 fairgrounds:  
  5 38 FY 2004-2005...................................... $    250,000
  5 39    For purposes of this subsection, "vertical
  5 40 infrastructure" means the same as defined in section
  5 41 8.57, subsection 5, paragraph "c".
  5 42    10.  NATIONAL PROGRAM FOR PLAYGROUND SAFETY AT THE
  5 43 UNIVERSITY OF NORTHERN IOWA
  5 44    For the Iowa safe surfacing initiative,
  5 45 notwithstanding section 8.57, subsection 5, paragraph
  5 46 "c":  
  5 47 .................................................. $    500,000
  5 48    Not more than 2.5 percent of the funds appropriated
  5 49 in this subsection shall be used by the national
  5 50 program for playground safety for administrative costs
  6  1 associated with the Iowa safe surfacing initiative.
  6  2    The crumb rubber playground tiles for the
  6  3 initiative shall be international play equipment
  6  4 manufacturers association (IPEMA)-certified to the
  6  5 American society for testing and materials (ASTM)
  6  6 F1292 standard.
  6  7    11.  DEPARTMENT OF NATURAL RESOURCES
  6  8    For costs associated with the planning, design, and
  6  9 construction of a premier destination state park,
  6 10 notwithstanding section 8.57, subsection 5, paragraph
  6 11 "c":  
  6 12 FY 2004-2005..................................... $    500,000
  6 13    12.  DEPARTMENT OF PUBLIC DEFENSE
  6 14    a.  For planning, design, and construction of a
  6 15 national guard readiness center in or near Iowa City:  
  6 16 FY 2004-2005...................................... $  2,150,000
  6 17    b.  For maintenance and repair of national guard
  6 18 armories and facilities:  
  6 19 FY 2004-2005...................................... $  1,269,636
  6 20    c.  For construction of a new national guard armory
  6 21 at Boone:  
  6 22 FY 2004-2005...................................... $  1,096,000
  6 23    13.  DEPARTMENT OF PUBLIC SAFETY
  6 24    a.  For capitol building and judicial building
  6 25 security, notwithstanding section 8.57, subsection 5,
  6 26 paragraph "c":  
  6 27 FY 2004-2005...................................... $    800,000
  6 28    b.  For capitol complex security notwithstanding
  6 29 section 8.57, subsection 5, paragraph "c":  
  6 30 FY 2004-2005...................................... $    300,000
  6 31    c.  For costs of entering into a lease-purchase
  6 32 agreement to upgrade the automated fingerprint
  6 33 identification system, notwithstanding section 8.57,
  6 34 subsection 5, paragraph "c":  
  6 35 FY 2004-2005...................................... $    550,000
  6 36    d.  For costs associated with improvements to
  6 37 Iowa's electronic criminal information records system
  6 38 to comply with national crime information center
  6 39 standards, notwithstanding section 8.57, subsection 5,
  6 40 paragraph "c":  
  6 41 FY 2004-2005...................................... $    500,000
  6 42    e.  To the division of fire safety of the
  6 43 department for allocation to the fire service training
  6 44 bureau for the planning, design, and construction of
  6 45 regional training facilities in the state:  
  6 46 FY 2004-2005...................................... $    150,000
  6 47    f.  To the division of fire safety of the
  6 48 department for allocation to the fire service training
  6 49 bureau to be used for the revolving loan program for
  6 50 equipment purchases by local fire departments, not
  7  1 withstanding section 8.57, subsection 5, paragraph
  7  2 "c":  
  7  3 FY 2004-2005...................................... $    500,000
  7  4    14.  STATE DEPARTMENT OF TRANSPORTATION
  7  5    a.  For operation and maintenance of the network of
  7  6 automated weather observation and data transfer
  7  7 systems associated with the Iowa aviation weather
  7  8 system, the runway marking program for public
  7  9 airports, the windsock program for public airports,
  7 10 and the aviation improvement program, notwithstanding
  7 11 section 8.57, subsection 5, paragraph "c":  
  7 12 FY 2004-2005...................................... $    500,000
  7 13    b.  For vertical infrastructure improvements at the
  7 14 commercial air service airports within the state:  
  7 15 FY 2004-2005...................................... $  1,100,000
  7 16    One-half of the funds appropriated in this lettered
  7 17 paragraph shall be allocated equally between each
  7 18 commercial service airport, 40 percent of the funds
  7 19 shall be allocated based on the percentage that the
  7 20 number of enplaned passengers at each commercial
  7 21 service airport bears to the total number of enplaned
  7 22 passengers in the state during the previous fiscal
  7 23 year, and 10 percent of the funds shall be allocated
  7 24 based on the percentage that the air cargo tonnage at
  7 25 each commercial service airport bears to the total air
  7 26 cargo tonnage in the state during the previous fiscal
  7 27 year.  In order for a commercial service airport to
  7 28 receive funding under this lettered paragraph, the
  7 29 airport shall be required to submit applications for
  7 30 funding of specific projects to the department for
  7 31 approval by the state transportation commission.
  7 32    c.  For a vertical infrastructure improvement grant
  7 33 program for improvements at general aviation airports
  7 34 within the state:  
  7 35 FY 2004-2005...................................... $    581,400
  7 36    15.  OFFICE OF TREASURER OF STATE
  7 37    For county fair infrastructure improvements for
  7 38 distribution in accordance with chapter 174 to
  7 39 qualified fairs which belong to the association of
  7 40 Iowa fairs:  
  7 41 FY 2004-2005...................................... $  1,060,000
  7 42    16.  COMMISSION OF VETERANS AFFAIRS
  7 43    For deposit in the veterans trust fund established
  7 44 in section 35A.13, notwithstanding section 8.57,
  7 45 subsection 5, paragraph "c":  
  7 46 FY 2004-2005...................................... $  1,000,000
  7 47    Of the amount appropriated in this subsection,
  7 48 notwithstanding contrary provisions of section 35A.13,
  7 49 $500,000 is appropriated to and shall be used by the
  7 50 commission of veterans affairs for the establishment
  8  1 and operation of a veterans cemetery as required by
  8  2 section 35A.3, subsection 14, if enacted by this Act.
  8  3 Notwithstanding section 8.33, moneys appropriated in
  8  4 this unnumbered paragraph that remain unencumbered or
  8  5 unobligated at the close of the fiscal year shall not
  8  6 revert but shall remain available for expenditure for
  8  7 the purposes designated until the close of the
  8  8 succeeding fiscal year or when the project is
  8  9 completed, whichever is later.
  8 10    Sec.    .  PAYMENTS IN LIEU OF TUITION.  There is
  8 11 appropriated from the rebuild Iowa infrastructure fund
  8 12 to the state board of regents for the fiscal year
  8 13 beginning July 1, 2004, and ending June 30, 2005, the
  8 14 following amount, or so much thereof as may be
  8 15 necessary, to be used for the purpose designated:
  8 16    For allocation by the state board of regents to the
  8 17 state university of Iowa, the Iowa state university of
  8 18 science and technology, and the university of northern
  8 19 Iowa to reimburse the institutions for deficiencies in
  8 20 their operating funds resulting from the pledging of
  8 21 tuitions, student fees and charges, and institutional
  8 22 income to finance the cost of providing academic and
  8 23 administrative buildings and facilities and utility
  8 24 services at the institutions, notwithstanding section
  8 25 8.57, subsection 5, paragraph "c":  
  8 26 .................................................. $    858,764
  8 27    Sec.    .  REVERSION.  Notwithstanding section
  8 28 8.33, moneys appropriated from the rebuild Iowa
  8 29 infrastructure fund in this division of this Act shall
  8 30 not revert at the close of the fiscal year for which
  8 31 they were appropriated but shall remain available for
  8 32 the purposes designated until the close of the fiscal
  8 33 year that begins July 1, 2007, or until the project
  8 34 for which the appropriation was made is completed,
  8 35 whichever is earlier.  This section does not apply to
  8 36 the sections in this division of this Act that were
  8 37 previously enacted and are amended in this division of
  8 38 this Act.
  8 39    Sec.    .  2003 Iowa Acts, chapter 177, section 6,
  8 40 subsection 2, is amended to read as follows:
  8 41    2.  For costs associated with the planning for the
  8 42 vacation and demolition disposition of the Wallace
  8 43 building:  
  8 44 .................................................. $     50,000
  8 45    The amount appropriated in this subsection shall be
  8 46 used to conduct a complete evaluation and analysis
  8 47 regarding the condition of the Wallace building,
  8 48 including structural, mechanical, and environmental
  8 49 systems and building air quality, and to make a
  8 50 recommendation to the general assembly no later than
  9  1 January 31, 2005, as to whether the Wallace building
  9  2 should be renovated for future use or vacated and
  9  3 demolished.  The recommendation shall include cost
  9  4 estimates for renovation of the building and for its
  9  5 demolition.
  9  6    Sec.    .  2003 Iowa Acts, chapter 177, section 14,
  9  7 is amended to read as follows:
  9  8    SEC. 14.  REVERSION.  Notwithstanding section 8.33,
  9  9 moneys appropriated in this division of this Act shall
  9 10 not revert at the close of the fiscal year for which
  9 11 they were appropriated but shall remain available for
  9 12 the purposes designated until the close of the fiscal
  9 13 year that begins July 1, 2006 2007, or until the
  9 14 project for which the appropriation was made is
  9 15 completed, whichever is earlier.
  9 16    Sec.    .  2003 Iowa Acts, chapter 179, section
  9 17 140, is amended to read as follows:
  9 18    SEC. 140.  Notwithstanding section 8.33,
  9 19 unencumbered and unobligated funds remaining from the
  9 20 appropriation made in 1996 Iowa Acts, chapter 1218,
  9 21 section 13, subsection 2, paragraph "a", subparagraph
  9 22 (2), as amended by 1997 Iowa Acts, chapter 215,
  9 23 section 3, and from the appropriation made in 1997
  9 24 Iowa Acts, chapter 215, section 4, subsection 1, shall
  9 25 not revert but shall be available for the purposes
  9 26 designated in those provisions until the close of the
  9 27 fiscal year beginning July 1, 2003 2004.
  9 28    Of the amount of unencumbered and unobligated funds
  9 29 identified in this section, $180,000 shall be used for
  9 30 the purposes described in 2003 Iowa Acts, chapter 177,
  9 31 section 6, subsection 2, as amended by this 2004 Act.
  9 32    Sec.    .  2002 Iowa Acts, chapter 1173, section
  9 33 18, as amended by 2003 Iowa Acts, chapter 179, section
  9 34 39, is amended to read as follows:
  9 35    SEC. 18.  POOLED TECHNOLOGY FUNDING – PRIOR
  9 36 ALLOCATIONS – NONREVERSION.  Notwithstanding section
  9 37 8.33, moneys appropriated and allocated in 2001 Iowa
  9 38 Acts, chapter 189, section 5, subsection 1, which
  9 39 remain unobligated or unexpended at the close of the
  9 40 fiscal year for which they were appropriated shall not
  9 41 revert, but shall remain available for expenditure for
  9 42 the purposes for which they were appropriated and
  9 43 allocated, for the fiscal period beginning July 1,
  9 44 2002, and ending June 30, 2004 2005.  Notwithstanding
  9 45 the expenditure limitation in this section, the
  9 46 information technology enterprise within the
  9 47 department of administrative services may expend
  9 48 available moneys in the pooled technology account
  9 49 established in the office of the treasurer of state to
  9 50 complete the comprehensive study required under 2003
 10  1 Iowa Acts, chapter 145, section 290, subsection 2,
 10  2 paragraph "c".
 10  3    Sec.    .  2000 Iowa Acts, chapter 1225, section 2,
 10  4 as amended by 2001 Iowa Acts, chapter 185, section 2,
 10  5 is amended to read as follows:
 10  6    SEC. 2.  There is appropriated from the rebuild
 10  7 Iowa infrastructure fund to the department of
 10  8 corrections for the fiscal year beginning July 1,
 10  9 2000, and ending June 30, 2001, the following amounts,
 10 10 or so much thereof as is necessary, to be used for the
 10 11 purposes designated:
 10 12    1.  To supplement funds appropriated in 1998 Iowa
 10 13 Acts, chapter 1219, section 2, subsection 3, for
 10 14 construction of a 200-bed facility at the Iowa state
 10 15 penitentiary at Fort Madison:  
 10 16 .................................................. $  3,000,000
 10 17    2.  For community-based corrections projects:  
 10 18 .................................................. $    900,000
 10 19    The first $300,000 of the amount appropriated in
 10 20 this subsection shall be allocated for community-based
 10 21 corrections projects in Council Bluffs.  The next
 10 22 $600,000 of the amount appropriated in this subsection
 10 23 shall be allocated for community-based corrections
 10 24 projects in the judicial district in which the city of
 10 25 Davenport is located.  These moneys may be used by the
 10 26 department to enter into lease-purchasing agreements
 10 27 or the payment of rent for such projects.
 10 28    Notwithstanding section 8.33 and section 20 of this
 10 29 Act, moneys appropriated in subsection 2 that remain
 10 30 unencumbered or unobligated at the close of the fiscal
 10 31 year that begins July 1, 2003, shall revert at the
 10 32 close of the fiscal year that begins July 1, 2006.
 10 33 However, if the projects for which the moneys are
 10 34 appropriated are completed in an earlier fiscal year,
 10 35 unencumbered or unobligated moneys shall revert at the
 10 36 close of that fiscal year.
 10 37    Sec.    .  2000 Iowa Acts, chapter 1225, section
 10 38 19, unnumbered paragraph 2, is amended to read as
 10 39 follows:
 10 40    To supplement moneys appropriated in prior fiscal
 10 41 years for construction of a new dining hall and food
 10 42 services facility and renovation of the former Sheeler
 10 43 food preparation area:  
 10 44 .................................................. $    992,000
 10 45    Sec.    .  2000 Iowa Acts, chapter 1225, section
 10 46 20, is amended to read as follows:
 10 47    SEC. 20.  REVERSION.  Notwithstanding section 8.33,
 10 48 moneys appropriated in this division of this Act that
 10 49 remain unencumbered or unobligated at the close of the
 10 50 fiscal year that begins July 1, 2003 2004, shall
 11  1 revert at the close of that fiscal year.  However, if
 11  2 the projects for which the moneys are appropriated are
 11  3 completed in an earlier fiscal year, unencumbered or
 11  4 unobligated moneys shall revert at the close of that
 11  5 fiscal year.
 11  6    Sec.    .  EXAMINATION OF DEPARTMENT OF
 11  7 ADMINISTRATION – FY 2003-2004.  Notwithstanding
 11  8 section 11.5B, for the fiscal year beginning July 1,
 11  9 2003, and ending June 30, 2004, the auditor of state
 11 10 shall not be entitled to reimbursement for performing
 11 11 any examination of the department of administrative
 11 12 services or funds received by the department of
 11 13 administrative services, except for an examination of
 11 14 the information technology enterprise within the
 11 15 department of administrative services and funds
 11 16 received by the information technology enterprise.
 11 17    Sec.    .  SECURE AN ADVANCED VISION FOR EDUCATION
 11 18 FUND.  Notwithstanding the maximum amount of the
 11 19 appropriation from the rebuild Iowa infrastructure
 11 20 fund to the secure an advanced vision for education
 11 21 fund specified in section 8.57, subsection 5,
 11 22 paragraph "f", the maximum amount of such
 11 23 appropriation for the fiscal year beginning July 1,
 11 24 2004, and ending June 30, 2005, shall not exceed
 11 25 $8,160,000.
 11 26    Sec.    .  The following sections of this division
 11 27 of this Act, being deemed of immediate importance,
 11 28 take effect upon enactment:
 11 29    1.  The section amending 2003 Iowa Acts, chapter
 11 30 177, section 6.
 11 31    2.  The section amending 2003 Iowa Acts, chapter
 11 32 179, section 140.
 11 33    3.  The section amending 2002 Iowa Acts, chapter
 11 34 1173, section 18, as amended by 2003 Iowa Acts,
 11 35 chapter 179, section 39.
 11 36    4.  The section amending 2000 Iowa Acts, chapter
 11 37 1225, section 2, as amended by 2001 Iowa Acts, chapter
 11 38 185, section 2.
 11 39    5.  The section amending 2000 Iowa Acts, chapter
 11 40 1225, section 19.
 11 41    6.  The section amending 2000 Iowa Acts, chapter
 11 42 1225, section 20.
 11 43    7.  The section addressing the examination of the
 11 44 department of administration in fiscal year 2003-2004.  
 11 45                      DIVISION    
 11 46                 ENVIRONMENT FIRST FUND
 11 47    Sec.    .  There is appropriated from the
 11 48 environment first fund to the following departments
 11 49 and agencies for the fiscal year beginning July 1,
 11 50 2004, and ending June 30, 2005, the following amounts,
 12  1 or so much thereof as is necessary, to be used for the
 12  2 purposes designated:
 12  3    1.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
 12  4    a.  For the conservation reserve enhancement
 12  5 program to restore and construct wetlands for the
 12  6 purposes of intercepting tile line runoff, reducing
 12  7 nutrient loss, improving water quality, and enhancing
 12  8 agricultural production practices:  
 12  9 .................................................. $  1,500,000
 12 10    Not more than 5 percent of the moneys appropriated
 12 11 in this lettered paragraph may be used for costs of
 12 12 administration and implementation of soil and water
 12 13 conservation practices.
 12 14    b.  For continuation of a program that provides
 12 15 multiobjective resource protections for flood control,
 12 16 water quality, erosion control, and natural resource
 12 17 conservation:  
 12 18 .................................................. $  2,700,000
 12 19    Not more than 5 percent of the moneys appropriated
 12 20 in this lettered paragraph may be used for costs of
 12 21 administration and implementation of soil and water
 12 22 conservation practices.
 12 23    c.  For continuation of a statewide voluntary farm
 12 24 management demonstration program to demonstrate the
 12 25 effectiveness and adaptability of emerging practices
 12 26 in agronomy that protect water resources and provide
 12 27 other environmental benefits:  
 12 28 .................................................. $    850,000
 12 29    Not more than 5 percent of the moneys appropriated
 12 30 in this lettered paragraph may be used for costs of
 12 31 administration and implementation of soil and water
 12 32 conservation practices.
 12 33    Of the amount appropriated in this lettered
 12 34 paragraph, $400,000 shall be allocated to the Iowa
 12 35 soybean association's agriculture and environment
 12 36 performance program.
 12 37    d.  For deposit in the alternative drainage system
 12 38 assistance fund created in section 460.303 to be used
 12 39 for purposes of supporting the alternative drainage
 12 40 system assistance program as provided in section
 12 41 460.304:  
 12 42 .................................................. $    500,000
 12 43    Not more than 5 percent of the moneys appropriated
 12 44 in this lettered paragraph may be used for costs of
 12 45 administration and implementation of soil and water
 12 46 conservation practices.
 12 47    e.  To provide financial assistance for the
 12 48 establishment of permanent soil and water conservation
 12 49 practices:  
 12 50 .................................................. $  5,500,000
 13  1    (1)  Not more than 5 percent of the moneys
 13  2 appropriated in this lettered paragraph may be
 13  3 allocated for cost-sharing to abate complaints filed
 13  4 under section 161A.47.
 13  5    (2)  Of the moneys appropriated in this lettered
 13  6 paragraph, 5 percent shall be allocated for financial
 13  7 incentives to establish practices to protect
 13  8 watersheds above publicly owned lakes of the state
 13  9 from soil erosion and sediment as provided in section
 13 10 161A.73.
 13 11    (3)  Not more than 30 percent of a district's
 13 12 allocation of moneys as financial incentives may be
 13 13 provided for the purpose of establishing management
 13 14 practices to control soil erosion on land that is row-
 13 15 cropped, including but not limited to no-till
 13 16 planting, ridge-till planting, contouring, and contour
 13 17 strip-cropping as provided in section 161A.73.
 13 18    (4)  The state soil conservation committee created
 13 19 in section 161A.4 may allocate moneys appropriated in
 13 20 this lettered paragraph to conduct research and
 13 21 demonstration projects to promote conservation tillage
 13 22 and nonpoint source pollution control practices.
 13 23    (5)  The financial incentive payments may be used
 13 24 in combination with department of natural resources
 13 25 moneys.
 13 26    (6)  Not more than 10 percent of the moneys
 13 27 appropriated in this lettered paragraph may be used
 13 28 for costs of administration and implementation of soil
 13 29 and water conservation practices.
 13 30    f.  To encourage and assist farmers in enrolling in
 13 31 and the implementation of federal conservation
 13 32 programs and work with them to enhance their
 13 33 revegetation efforts to improve water quality and
 13 34 habitat:  
 13 35 .................................................. $  2,000,000
 13 36    Not more than 5 percent of the moneys appropriated
 13 37 in this lettered paragraph may be used for costs of
 13 38 administration and implementation of soil and water
 13 39 conservation practices.  
 13 40    g.  For deposit in the loess hills development and
 13 41 conservation fund created in section 161D.2:  
 13 42 .................................................. $    600,000
 13 43    Of the amount appropriated in this lettered
 13 44 paragraph, $400,000 shall be allocated to the hungry
 13 45 canyons account and $200,000 shall be allocated to the
 13 46 loess hills alliance account, to be used for the
 13 47 purposes for which the moneys in those accounts are
 13 48 authorized to be used under chapter 161D.  No more
 13 49 than 5 percent of the moneys allocated to each account
 13 50 in this lettered paragraph may be used for
 14  1 administrative costs.
 14  2    h.  For deposit in the southern Iowa development
 14  3 and conservation fund created in section 161D.12:  
 14  4 .................................................. $    300,000
 14  5    Not more than 5 percent of the moneys appropriated
 14  6 in this lettered paragraph may be used for
 14  7 administrative costs.
 14  8    2.  DEPARTMENT OF ECONOMIC DEVELOPMENT
 14  9    For deposit in the brownfield redevelopment fund
 14 10 created in section 15.293 to provide assistance under
 14 11 the brownfield redevelopment program:  
 14 12 .................................................. $    500,000
 14 13    3.  DEPARTMENT OF NATURAL RESOURCES
 14 14    a.  To provide local watershed managers with
 14 15 geographic information system data for their use in
 14 16 developing, monitoring, and displaying results of
 14 17 their watershed work:  
 14 18 .................................................. $    195,000
 14 19    b.  For statewide coordination of volunteer efforts
 14 20 under the water quality and keepers of the land
 14 21 programs:  
 14 22 .................................................. $    100,000
 14 23    c.  For continuing the establishment and operation
 14 24 of water quality monitoring stations:  
 14 25 .................................................. $  2,955,000
 14 26    d.  For deposit in the administration account of
 14 27 the water quality protection fund, to carry out the
 14 28 purposes of that account:  
 14 29 .................................................. $    500,000
 14 30    e.  For air quality monitoring equipment:  
 14 31 .................................................. $    500,000
 14 32    f.  For the dredging of lakes, including necessary
 14 33 preparation for dredging, in accordance with the
 14 34 department's classification of Iowa lakes restoration
 14 35 report:  
 14 36 .................................................. $  1,000,000
 14 37    The department shall consider the following
 14 38 criteria for funding lake dredging projects as
 14 39 provided in this lettered paragraph, and shall
 14 40 prioritize projects based on the following:
 14 41    (1)  Documented efforts to address watershed
 14 42 protection, considering testing, conservation efforts,
 14 43 and amount of time devoted to watershed protection.
 14 44    (2)  Protection of a natural resource and natural
 14 45 habitat.
 14 46    (3)  Percentage of public access and undeveloped
 14 47 lakefront property.
 14 48    (4)  Continuation of current projects partially
 14 49 funded by state resources to achieve department
 14 50 recommendations.
 15  1    g.  For purposes of funding capital projects for
 15  2 the purposes specified in section 452A.79, and for
 15  3 expenditures for the local cost share grants to be
 15  4 used for capital expenditures to local governmental
 15  5 units for boating accessibility:  
 15  6 .................................................. $  2,300,000
 15  7    h.  For regular maintenance of state parks and
 15  8 staff time associated with these activities:  
 15  9 .................................................. $  2,000,000
 15 10        RESOURCES ENHANCEMENT AND PROTECTION FUND
 15 11    Sec.    .  Notwithstanding the amount of the
 15 12 standing appropriation from the general fund of the
 15 13 state under section 455A.18, subsection 3, there is
 15 14 appropriated from the environment first fund to the
 15 15 Iowa resources enhancement and protection fund, in
 15 16 lieu of the appropriation made in section 455A.18, for
 15 17 the fiscal year beginning July 1, 2004, and ending
 15 18 June 30, 2005, the following amount, to be allocated
 15 19 as provided in section 455A.19:  
 15 20 .................................................. $ 11,000,000
 15 21    Sec.    .  REVERSION.
 15 22    1.  Except as provided in subsection 2, and
 15 23 notwithstanding section 8.33, moneys appropriated in
 15 24 this division of this Act that remain unencumbered or
 15 25 unobligated shall not revert at the close of the
 15 26 fiscal year for which they were appropriated but shall
 15 27 remain available for the purposes designated until the
 15 28 close of the fiscal year beginning July 1, 2005, or
 15 29 until the project for which the appropriation was made
 15 30 is completed, whichever is earlier.
 15 31    2.  Notwithstanding section 8.33, moneys
 15 32 appropriated in this division of this Act to the
 15 33 department of agriculture and land stewardship to
 15 34 provide financial assistance for the establishment of
 15 35 permanent soil and water conservation practices that
 15 36 remain unencumbered or unobligated at the close of the
 15 37 fiscal year shall not revert but shall remain
 15 38 available for expenditure for the purposes designated
 15 39 until the close of the fiscal year that begins July 1,
 15 40 2007.  
 15 41                      DIVISION    
 15 42              TOBACCO SETTLEMENT TRUST FUND
 15 43    Sec.    .  There is appropriated from the tax-
 15 44 exempt bond proceeds restricted capital funds account
 15 45 of the tobacco settlement trust fund to the following
 15 46 departments and agencies for the fiscal year beginning
 15 47 July 1, 2004, and ending June 30, 2005, the following
 15 48 amounts, or so much thereof as is necessary, to be
 15 49 used for the purposes designated:
 15 50    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
 16  1    a.  For the payment of claims relating to the
 16  2 purchase and implementation of an integrated
 16  3 information for Iowa system, notwithstanding section
 16  4 12E.12, subsection 1, paragraph "b", subparagraph (1):  
 16  5 .................................................. $  6,049,284
 16  6    b.  For capitol interior restoration:  
 16  7 .................................................. $  3,500,000
 16  8    The department shall consult with the leaders of
 16  9 the senate and house of representatives prior to
 16 10 planning or implementing any capitol interior
 16 11 restoration project or other activity.
 16 12    2.  TAX-EXEMPT STATUS – USE OF APPROPRIATIONS.
 16 13 Payment of moneys from the appropriations in this
 16 14 section shall be made in a manner that does not
 16 15 adversely affect the tax-exempt status of any
 16 16 outstanding bonds issued by the tobacco settlement
 16 17 authority.
 16 18    3.  REVERSION.  Notwithstanding section 8.33,
 16 19 moneys appropriated in this section shall not revert
 16 20 at the close of the fiscal year for which they were
 16 21 appropriated but shall remain available for the
 16 22 purposes designated until the close of the fiscal year
 16 23 that begins July 1, 2006, or until the project for
 16 24 which the appropriation was made is completed,
 16 25 whichever is earlier.
 16 26    Sec.    .  PAYMENTS IN LIEU OF TUITION.  There is
 16 27 appropriated from the tax-exempt bond proceeds
 16 28 restricted capital funds account of the tobacco
 16 29 settlement trust fund of the state to the state board
 16 30 of regents for the fiscal year beginning July 1, 2004,
 16 31 and ending June 30, 2005, the following amount, or so
 16 32 much thereof as is necessary, to be used for the
 16 33 purpose designated:
 16 34    For allocation by the state board of regents to the
 16 35 state university of Iowa, the Iowa state university of
 16 36 science and technology, and the university of northern
 16 37 Iowa to reimburse the institutions for deficiencies in
 16 38 their operating funds resulting from the pledging of
 16 39 tuitions, student fees and charges, and institutional
 16 40 income to finance the cost of providing academic and
 16 41 administrative buildings and facilities and utility
 16 42 services at the institutions, notwithstanding section
 16 43 12E.12, subsection 1, paragraph "b", subparagraph (1):  
 16 44 .................................................. $ 10,437,174
 16 45    Sec.    .  IOWA COMMUNICATIONS NETWORK DEBT
 16 46 SERVICE.  There is appropriated from the tax-exempt
 16 47 bond proceeds restricted capital funds account of the
 16 48 tobacco settlement trust fund to the office of the
 16 49 treasurer of state for the fiscal year beginning July
 16 50 1, 2004, and ending June 30, 2005, the following
 17  1 amount, or so much thereof as is necessary, to be used
 17  2 for the purpose designated:
 17  3    For debt service for the Iowa communications
 17  4 network, notwithstanding section 12E.12, subsection 1,
 17  5 paragraph "b", subparagraph (1):  
 17  6 .................................................. $ 13,039,778
 17  7    Funds appropriated in this section shall be
 17  8 deposited in a separate fund established in the office
 17  9 of the treasurer of state to be used solely for debt
 17 10 service for the Iowa communications network.  The Iowa
 17 11 telecommunications and technology commission shall
 17 12 certify to the treasurer of state when a debt service
 17 13 payment is due, and upon receipt of the certification,
 17 14 the treasurer shall make the payment.  The commission
 17 15 shall pay any additional amount due from funds
 17 16 deposited in the Iowa communications network fund.
 17 17    Sec.    .  PRISON DEBT SERVICE.  There is
 17 18 appropriated from the tax-exempt bond proceeds
 17 19 restricted capital funds account of the tobacco
 17 20 settlement trust fund to the office of the treasurer
 17 21 of state for the fiscal year beginning July 1, 2004,
 17 22 and ending June 30, 2005, the following amount, or so
 17 23 much thereof as is necessary, to be used for the
 17 24 purpose designated:
 17 25    For repayment of prison infrastructure bonds under
 17 26 section 16.177, notwithstanding section 12E.12,
 17 27 subsection 1, paragraph "b", subparagraph (1):  
 17 28 .................................................. $  5,413,324
 17 29    Sec.    .  ENDOWMENT FOR IOWA'S HEALTH ACCOUNT –
 17 30 TRANSFER TO REBUILD IOWA INFRASTRUCTURE FUND.
 17 31 Notwithstanding 2001 Iowa Acts, chapter 174, section
 17 32 1, subsection 1, as amended by 2002 Iowa Acts, chapter
 17 33 1167, section 4, 2002 Iowa Acts, chapter 1174, section
 17 34 8, and 2002 Iowa Acts, chapter 1175, section 95, there
 17 35 is transferred from the endowment for Iowa's health
 17 36 account of the tobacco settlement trust fund created
 17 37 in section 12E.12 to the rebuild Iowa infrastructure
 17 38 fund for the fiscal year beginning July 1, 2004, and
 17 39 ending June 30, 2005, the following amount:  
 17 40 .................................................. $ 10,966,960
 17 41    Notwithstanding section 8.33, moneys transferred in
 17 42 this section shall not revert.  
 17 43    Sec.    .  2003 Iowa Acts, chapter 177, section 23,
 17 44 subsection 3, is amended to read as follows:
 17 45    3.  Notwithstanding section 8.33, moneys
 17 46 appropriated in this section shall not revert at the
 17 47 close of the fiscal year for which they were
 17 48 appropriated, but shall remain available for the
 17 49 purpose designated until the close of the fiscal year
 17 50 that begins July 1, 2008 2006, or until the project
 18  1 for which the appropriation was made is completed,
 18  2 whichever is earlier.
 18  3    Sec.    .  2002 Iowa Acts, chapter 1173, section 1,
 18  4 subsection 7, paragraph a, is amended to read as
 18  5 follows:
 18  6    a.  For parking improvements and provision of
 18  7 street access for the judicial building:  
 18  8 FY 2002-2003 ..................................... $    700,000
 18  9 FY 2003-2004 ..................................... $          0
 18 10 FY 2004-2005 ..................................... $          0
 18 11 FY 2005-2006 ..................................... $          0
 18 12    Of the amount appropriated in this lettered
 18 13 paragraph for FY 2002-2003, up to $330,000 may be used
 18 14 for costs associated with operation of the judicial
 18 15 building, notwithstanding section 12E.12, subsection
 18 16 1, paragraph "b", subparagraph (1).  
 18 17                      DIVISION    
 18 18                   MISCELLANEOUS FUNDS
 18 19    Sec.    .  HELP AMERICA VOTE ACT.  There is
 18 20 appropriated from the general fund of the state to the
 18 21 office of the secretary of state for the fiscal year
 18 22 beginning July 1, 2003, and ending June 30, 2004, the
 18 23 following amount, or so much thereof as is necessary,
 18 24 to be used for the purposes designated:
 18 25    For the purchase and installation of voting
 18 26 machines to implement the federal Help America Vote
 18 27 Act (HAVA):  
 18 28 .................................................. $    765,000
 18 29    Of the federal funds drawn down pursuant to HAVA,
 18 30 not less than 80 percent shall be distributed to
 18 31 counties for the implementation of that Act.
 18 32    The state commissioner of elections shall report to
 18 33 the general assembly regarding the expenditure of the
 18 34 moneys appropriated in this subsection by January 2,
 18 35 2005, and July 1, 2005.
 18 36    Notwithstanding section 8.33, moneys appropriated
 18 37 in this section that remain unencumbered or
 18 38 unobligated at the close of the fiscal year shall not
 18 39 revert but shall remain available for expenditure for
 18 40 the purposes designated until the close of the
 18 41 succeeding fiscal year.  
 18 42    Sec.    .  GENERAL FUND APPROPRIATIONS.
 18 43    1.  There is appropriated from the general fund of
 18 44 the state to the state department of transportation
 18 45 for the fiscal year beginning July 1, 2004, and ending
 18 46 June 30, 2005, the following amounts, or so much
 18 47 thereof as is necessary, to be used for the purposes
 18 48 designated:
 18 49    a.  For operation and maintenance of the network of
 18 50 automated weather observation and data transfer
 19  1 systems associated with the Iowa aviation weather
 19  2 system, the runway marking program for public
 19  3 airports, the windsock program for public airports,
 19  4 and the aviation improvement program:  
 19  5 .................................................. $     64,792
 19  6    b.  For the rail assistance program and to provide
 19  7 economic development project funding:  
 19  8 .................................................. $     35,959
 19  9    2.  There is appropriated from the general fund of
 19 10 the state to the racing and gaming commission within
 19 11 the department of inspections and appeals for the
 19 12 fiscal year beginning July 1, 2004, and ending June
 19 13 30, 2005, in addition to any other appropriation made
 19 14 by the general assembly, the following amount, or so
 19 15 much thereof as is necessary, to be used for the
 19 16 purposes designated:
 19 17    For salaries, support, maintenance, and
 19 18 miscellaneous purposes for the regulation of pari-
 19 19 mutual racetracks:  
 19 20 .................................................. $    217,161
 19 21    The funds appropriated in this subsection shall be
 19 22 used for one additional gaming representative at each
 19 23 of the three licensed racetracks.  
 19 24    Sec.    .  PRIMARY ROAD FUND APPROPRIATION.  There
 19 25 is appropriated from the primary road fund to the
 19 26 department of administrative services for the fiscal
 19 27 year beginning July 1, 2004, and ending June 30, 2005,
 19 28 the following amount, or so much thereof as is
 19 29 necessary, to be used for distribution to the state
 19 30 department of transportation:  
 19 31 .................................................. $    465,491
 19 32    Moneys appropriated in this section shall be
 19 33 separately accounted for in a distribution account and
 19 34 shall be distributed to the state department of
 19 35 transportation to pay for services provided the state
 19 36 department of transportation by the department of
 19 37 administrative services as described in chapter 8A.
 19 38    Sec.    .  ROAD USE TAX FUND APPROPRIATION.  There
 19 39 is appropriated from the road use tax fund to the
 19 40 department of administrative services for the fiscal
 19 41 year beginning July 1, 2004, and ending June 30, 2005,
 19 42 the following amount, or so much thereof as is
 19 43 necessary, to be used for distribution to the state
 19 44 department of transportation:  
 19 45 .................................................. $     76,059
 19 46    Moneys appropriated in this section shall be
 19 47 separately accounted for in a distribution account and
 19 48 shall be distributed to the state department of
 19 49 transportation to pay for services provided the state
 19 50 department of transportation by the department of
 20  1 administrative services as described in chapter 8A.
 20  2    Sec.    .  TRANSFER AND DEPOSIT OF SURPLUS MONEYS
 20  3 IN LOCAL HOUSING ASSISTANCE PROGRAM FUND.  The sum of
 20  4 $800,000 is transferred from moneys declared by the
 20  5 Iowa finance authority under section 16.10 to be
 20  6 surplus moneys to the housing trust fund created in
 20  7 section 16.181 for the fiscal year beginning July 1,
 20  8 2004, and ending June 30, 2005.
 20  9    Sec.    .  2003 Iowa Acts, chapter 171, section 2,
 20 10 is amended by inserting the following new unnumbered
 20 11 paragraph:
 20 12    NEW UNNUMBERED PARAGRAPH.  Notwithstanding section
 20 13 8.33, moneys appropriated in subsection 1 that remain
 20 14 unencumbered or unobligated at the close of the fiscal
 20 15 year shall not revert but shall remain available for
 20 16 expenditure until the close of the fiscal year that
 20 17 begins July 1, 2004, for the purpose of restocking the
 20 18 department's salt storage.
 20 19    Sec.    .  EFFECTIVE DATE.
 20 20    1.  The section of this division of this Act
 20 21 providing an appropriation for implementation of the
 20 22 federal Help America Vote Act, being deemed of
 20 23 immediate importance, takes effect upon enactment.
 20 24    2.  The section of this division of this Act,
 20 25 amending 2003 Iowa Acts, chapter 171, section 2, being
 20 26 deemed of immediate importance, takes effect upon
 20 27 enactment.  
 20 28                      DIVISION    
 20 29                      CODE CHANGES
 20 30    Sec.    .  Section 15.109, subsection 2, Code 2003,
 20 31 is amended to read as follows:
 20 32    2.  Apply for, receive, administer, and use federal
 20 33 or other funds available for achieving the purposes of
 20 34 this chapter.  For purposes of this subsection, the
 20 35 term "federal funds" includes federal tax credits,
 20 36 grants, or other economic benefits allocated or
 20 37 provided by the United States government to encourage
 20 38 investment in low-income or other specified areas or
 20 39 to otherwise promote economic development.  The
 20 40 department may enter into an agreement pursuant to
 20 41 chapter 28E, or any other agreement, with a person,
 20 42 including for-profit and nonprofit legal entities, in
 20 43 order to directly or indirectly apply for, receive,
 20 44 administer, and use federal funds.  As part of such
 20 45 agreements and in furtherance of this public purpose
 20 46 and in addition to powers and duties conferred under
 20 47 other provisions of law, the department may, including
 20 48 for or on behalf of for-profit or nonprofit legal
 20 49 entities, appoint, remove, and replace board members
 20 50 and advisors; provide oversight; make its personnel
 21  1 and resources available to perform administrative,
 21  2 management, and compliance functions; coordinate
 21  3 investments; and engage in other acts as reasonable
 21  4 and necessary to encourage investment in low-income or
 21  5 other areas or to promote economic development.  The
 21  6 department, including department officials and
 21  7 employees in their official and personal capacities,
 21  8 are immune from liability for all acts or omissions
 21  9 under this subsection.
 21 10    Sec.    .  Section 80.9, subsection 2, paragraph f,
 21 11 Code 2003, is amended to read as follows:
 21 12    f.  Provide protection and security for persons and
 21 13 property on the grounds of the state capitol complex.
 21 14 Notwithstanding chapter 8A or any other provision of
 21 15 law, the department shall be solely responsible for
 21 16 the purchase, installation, and maintenance of,
 21 17 including making any improvements or additions to,
 21 18 executive branch capitol complex security systems or
 21 19 equipment, including the changing of locks and
 21 20 issuance of keys, access cards, and identification
 21 21 badges.  The department of administrative services
 21 22 shall cooperate with the department of public safety
 21 23 in executing the department's duties under this
 21 24 paragraph.
 21 25    Sec.    .  Section 423.3, subsections 2 and 37, as
 21 26 enacted by 2003 Iowa Acts, First Extraordinary
 21 27 Session, chapter 2, section 96, are amended to read as
 21 28 follows:
 21 29    2.  The sales price of sales for resale of tangible
 21 30 personal property or taxable services, or for resale
 21 31 of tangible personal property in connection with the
 21 32 furnishing of taxable services except for sales, other
 21 33 than leases or rentals, which are sales, of machinery,
 21 34 equipment, attachments, and replacement parts
 21 35 specifically enumerated in subsection 37 and used in
 21 36 the manner described in subsection 37.
 21 37    37.  The sales price of services on or connected
 21 38 with new construction, reconstruction, alteration,
 21 39 expansion, remodeling, or the services of a general
 21 40 building contractor, architect, or engineer.  The
 21 41 exemption in this subsection also applies to the sales
 21 42 price on the lease or rental of self-propelled
 21 43 building equipment, self-constructed cranes, pile
 21 44 drivers, structural concrete forms, regular and
 21 45 motorized scaffolding, generators, or attachments
 21 46 customarily drawn or attached to self-propelled
 21 47 building equipment, self-constructed cranes, pile
 21 48 drivers, structural concrete forms, regular and
 21 49 motorized scaffolding, and generators, including
 21 50 auxiliary attachments which improve the performance,
 22  1 safety, operation, or efficiency of the equipment and
 22  2 replacement parts and are directly and primarily used
 22  3 by contractors, subcontractors, and builders for new
 22  4 construction, reconstruction, alterations, expansion,
 22  5 or remodeling of real property or structures.  
 22  6                      DIVISION    
 22  7                MISCELLANEOUS PROVISIONS
 22  8    Sec.    .  Section 8.57, subsection 5, Code
 22  9 Supplement 2003, is amended by adding the following
 22 10 new paragraph:
 22 11    NEW PARAGRAPH.  g.  Notwithstanding any other
 22 12 provision to the contrary, and prior to the
 22 13 appropriation of moneys from the rebuild Iowa
 22 14 infrastructure fund pursuant to paragraph "c", and
 22 15 section 8.57A, subsection 4, moneys shall first be
 22 16 appropriated from the rebuild Iowa infrastructure fund
 22 17 to the vertical infrastructure fund as provided in
 22 18 section 8.57B, subsection 4.
 22 19    Sec.    .  NEW SECTION.  8.57B  VERTICAL
 22 20 INFRASTRUCTURE FUND.
 22 21    1.  A vertical infrastructure fund is created under
 22 22 the authority of the department of management.  The
 22 23 fund shall consist of appropriations made to the fund
 22 24 and transfers of interest, earnings, and moneys from
 22 25 other funds as provided by law.  The fund shall be
 22 26 separate from the general fund of the state and the
 22 27 balance in the fund shall not be considered part of
 22 28 the balance of the general fund of the state.
 22 29 However, the fund shall be considered a special
 22 30 account for the purposes of section 8.53, relating to
 22 31 generally accepted accounting principles.
 22 32    2.  Notwithstanding section 12C.7, subsection 2,
 22 33 interest or earnings on moneys in the vertical
 22 34 infrastructure fund shall be credited to the rebuild
 22 35 Iowa infrastructure fund.
 22 36    3.  Moneys in the fund in a fiscal year shall be
 22 37 used as appropriated by the general assembly for
 22 38 public vertical infrastructure projects.  For the
 22 39 purposes of this section, "vertical infrastructure"
 22 40 includes only land acquisition and construction, major
 22 41 renovation, and major repair of buildings, all
 22 42 appurtenant structures, utilities, and site
 22 43 development.  "Vertical infrastructure" does not
 22 44 include routine, recurring maintenance, debt service,
 22 45 or operational expenses or leasing of a building,
 22 46 appurtenant structure, or utility without a lease-
 22 47 purchase agreement.
 22 48    4.  There is appropriated from the rebuild Iowa
 22 49 infrastructure fund to the vertical infrastructure
 22 50 fund, the following:
 23  1    a.  For the fiscal year beginning July 1, 2005, and
 23  2 ending June 30, 2006, the sum of fifteen million
 23  3 dollars.
 23  4    b.  For the fiscal year beginning July 1, 2006, and
 23  5 ending June 30, 2007, the sum of fifty million
 23  6 dollars.
 23  7    c.  For the fiscal year beginning July 1, 2007, and
 23  8 ending June 30, 2008, the sum of seventy-five million
 23  9 dollars.
 23 10    d.  For the fiscal year beginning July 1, 2008, and
 23 11 each fiscal year thereafter, the sum of one hundred
 23 12 million dollars.
 23 13    Sec.    .  Section 8D.13, subsection 12, Code
 23 14 Supplement 2003, is amended to read as follows:
 23 15    12.  The commission, on its own or as recommended
 23 16 by an advisory committee of the commission and
 23 17 approved by the commission, shall permit a fee to be
 23 18 charged by a receiving site to the originator of the
 23 19 communication provided on the network.  The fee
 23 20 charged shall be for the purpose of recovering the
 23 21 operating costs of a receiving site.  The fee charged
 23 22 shall be reduced by an amount received by the
 23 23 receiving site pursuant to a state appropriation for
 23 24 such costs, or federal assistance received for such
 23 25 costs.  Fees established under this subsection shall
 23 26 be paid by the originator of the communication
 23 27 directly to the receiving site.  In the event that an
 23 28 entity requests a receiving site location in a video
 23 29 classroom facility which is authorized by, but not
 23 30 funded by, the originator of the communication, the
 23 31 requesting entity shall be directly billed by the
 23 32 video classroom facility for operating costs relating
 23 33 to the communication.  For purposes of this section,
 23 34 "operating costs" include the costs associated with
 23 35 the management or coordination, operations, utilities,
 23 36 classroom, equipment, maintenance, and other costs
 23 37 directly related to providing the receiving site.
 23 38    Sec.    .  Section 15E.208, subsection 3, paragraph
 23 39 b, subparagraph (2), Code Supplement 2003, is amended
 23 40 by adding the following new subparagraph subdivisions:
 23 41    NEW SUBPARAGRAPH SUBDIVISION.  (c)  Notwithstanding
 23 42 any provision of this division to the contrary,
 23 43 payments on the principal balance of the loan granted
 23 44 by the corporation to an eligible person and assigned
 23 45 to the department pursuant to this subparagraph during
 23 46 calendar year 2003 shall be deferred until October 1,
 23 47 2007.  The eligible person shall make principal
 23 48 payments to the department in the amount of one
 23 49 million dollars for each year on October 1, 2007,
 23 50 October 1, 2008, and October 1, 2009.  The eligible
 24  1 person shall pay the department four hundred eighty-
 24  2 two thousand seven hundred sixty-one dollars in
 24  3 interest, which shall be deemed to be the total amount
 24  4 of interest accruing on the principal amount of the
 24  5 loan.  The eligible person shall pay the interest
 24  6 amount on October 1, 2010.  Upon the payment of the
 24  7 principal balance of the loan and the accrued
 24  8 interest, the debt shall be retired.
 24  9    NEW SUBPARAGRAPH SUBDIVISION.  (d)  Notwithstanding
 24 10 any provision of this division to the contrary, the
 24 11 corporation shall repay the department the principal
 24 12 balance of the Iowa agricultural industry finance loan
 24 13 beginning on October 1, 2007.  The principal balance
 24 14 of the loan equals twenty-one million five hundred
 24 15 seventeen thousand two hundred thirty-nine dollars.
 24 16 The corporation shall repay the department five
 24 17 hundred seventeen thousand two hundred thirty-nine
 24 18 dollars by October 1, 2007, and for each subsequent
 24 19 year the corporation shall repay the department at
 24 20 least one million dollars by October 1 until the total
 24 21 principal balance of the loan is repaid.  This
 24 22 subparagraph subdivision shall not be construed to
 24 23 limit the department's authority to negotiate the
 24 24 payment of interest accruing on the principal balance
 24 25 which shall be paid to the department as provided by
 24 26 an agreement executed by the department and the
 24 27 corporation.
 24 28    Sec.    .  Section 28M.1, if enacted by 2004 Iowa
 24 29 Acts, Senate File 2284, section 1, is amended by
 24 30 adding the following new subsection:
 24 31    NEW SUBSECTION.  3.  "Transportation" means the
 24 32 movement of individuals in a four or more wheeled
 24 33 motorized vehicle designed to carry passengers,
 24 34 including a car, van, or bus, or the carrying of
 24 35 individuals upon cars operated upon stationary rails,
 24 36 between one geographic point and another geographic
 24 37 point.  "Transportation" does not include emergency or
 24 38 incidental transportation or transportation conducted
 24 39 by the department of human services at its
 24 40 institutions.
 24 41    Sec.    .  Section 28M.2, subsections 1 and 3, if
 24 42 enacted by 2004 Iowa Acts, Senate File 2284, section
 24 43 2, are amended to read as follows:
 24 44    1.  A county with a population in excess of three
 24 45 one hundred seventy-five thousand and participating
 24 46 cities may create, by chapter 28E agreement, a
 24 47 regional transit district in the county pursuant to
 24 48 this chapter.  Two or more contiguous counties and
 24 49 participating cities may create, by chapter 28E
 24 50 agreement, a regional transit district pursuant to
 25  1 this chapter if one of the counties has a population
 25  2 in excess of three one hundred seventy-five thousand.
 25  3 A district shall consist of the unincorporated area of
 25  4 any participating county and the incorporated area of
 25  5 any city in the county that does not have an urban
 25  6 transit system.  However, a city without an urban
 25  7 transit system may decline, by resolution forwarded to
 25  8 the board of supervisors, to participate in a regional
 25  9 transit district.
 25 10    3.  A city that is located in a nonparticipating
 25 11 county that is contiguous to a county with a
 25 12 population in excess of three one hundred seventy-five
 25 13 thousand that is creating a regional transit district
 25 14 may notify that county, by resolution forwarded to the
 25 15 board of supervisors of that county, that the city
 25 16 wishes to participate.
 25 17    Sec.    .  Section 28M.5, subsection 1, unnumbered
 25 18 paragraph 2, if enacted by 2004 Iowa Acts, Senate File
 25 19 2284, section 5, is amended to read as follows:
 25 20    The amount of the regional transit district levy
 25 21 that is the responsibility of a participating county
 25 22 shall be deducted from the maximum rates of taxes
 25 23 authorized to be levied by the county pursuant to
 25 24 section 331.423, subsections 1 and 2, as applicable.
 25 25 However, for a regional transit district that includes
 25 26 a county with a population of less than three hundred
 25 27 thousand, the amount of the regional transit district
 25 28 levy that is the responsibility of a participating
 25 29 county shall be deducted from the maximum rate of
 25 30 taxes authorized to be levied by the county pursuant
 25 31 to section 331.423, subsection 1.
 25 32    Sec.    .  Section 99F.7, subsection 13, Code 2003,
 25 33 as amended by 2004 Iowa Acts, House File 2302, if
 25 34 enacted, is amended to read as follows:
 25 35    13.  An When applicable, an excursion gambling boat
 25 36 operated on inland waters of this state or an
 25 37 excursion boat that has been removed from navigation
 25 38 and is designated as a permanently moored vessel by
 25 39 the United States coast guard shall be subject to the
 25 40 exclusive jurisdiction of the department of natural
 25 41 resources and meet all of the requirements of chapter
 25 42 462A and is further subject to an inspection of its
 25 43 sanitary facilities to protect the environment and
 25 44 water quality before a certificate of registration is
 25 45 issued by the department of natural resources or a
 25 46 license is issued or renewed under this chapter.
 25 47    Sec.    .  Section 165B.5, subsection 3, if enacted
 25 48 by 2004 Iowa Acts, House File 2476, section 6, is
 25 49 amended to read as follows:
 25 50    3.  a.  A person who owns or operates a restricted
 26  1 concentration point is subject to a civil penalty of
 26  2 not less than five thousand dollars for the first
 26  3 violation and not less than twenty-five thousand
 26  4 dollars for each subsequent violation.  Each day that
 26  5 a violation continues constitutes a separate
 26  6 violation.
 26  7    b.  A person who has a legal interest in infected
 26  8 poultry or has custody of infected poultry which are
 26  9 located at a restricted concentration point is subject
 26 10 to a civil penalty of not less than five thousand
 26 11 dollars for the first violation and not less than
 26 12 twenty-five thousand dollars for each subsequent
 26 13 violation.  Each day that a violation continues
 26 14 constitutes a separate violation.
 26 15    c.  A person who transports poultry to or from a
 26 16 restricted concentration point is subject to a civil
 26 17 penalty of not less than one thousand dollars for the
 26 18 first violation and not less than five thousand
 26 19 dollars for each subsequent violation.  Each day that
 26 20 a violation continues constitutes a separate
 26 21 violation.
 26 22    d.  A person who purchases, offers to purchase,
 26 23 barters, or offers to barter for poultry at a
 26 24 restricted concentration point is subject to a civil
 26 25 penalty of not less than one hundred dollars for the
 26 26 first violation and not less than one thousand dollars
 26 27 for each subsequent violation.  Each day that a
 26 28 violation continues constitutes a separate violation.
 26 29    e.  A person who charges admission for entry into a
 26 30 restricted concentration point where a contest occurs
 26 31 or otherwise holds, advertises, or conducts the
 26 32 contest is subject to a civil penalty of not less than
 26 33 one thousand dollars for the first violation and not
 26 34 less than five thousand dollars for each subsequent
 26 35 violation.  Each day that a violation continues
 26 36 constitutes a separate violation.
 26 37    f.  A person who attends or participates in a
 26 38 contest at a restricted concentration point where a
 26 39 contest occurs is subject to a civil penalty of not
 26 40 less than one hundred dollars for the first violation
 26 41 and not less than one thousand dollars for each
 26 42 subsequent violation.  Each day that a violation
 26 43 continues constitutes a separate violation.
 26 44    Sec.    .  Section 260C.18A, subsection 3, Code
 26 45 Supplement 2003, is amended to read as follows:
 26 46    3.  Of the moneys appropriated in this section, for
 26 47 the fiscal period beginning July 1, 2003, and ending
 26 48 June 30, 2006 2007, the following amounts shall be
 26 49 designated for the purposes of funding job retention
 26 50 projects under section 260F.9:
 27  1    a.  One million dollars for the fiscal year
 27  2 beginning July 1, 2003.
 27  3    b.  One million dollars for the fiscal year
 27  4 beginning July 1, 2004.
 27  5    c.  One million dollars for the fiscal year
 27  6 beginning July 1, 2005.
 27  7    d.  One million dollars for the fiscal year
 27  8 beginning July 1, 2006.  However, this paragraph only
 27  9 applies if moneys allocated under paragraph "a" were
 27 10 distributed to community colleges as provided under
 27 11 subsection 8.
 27 12    Sec.    .  Section 260C.18A, Code Supplement 2003,
 27 13 is amended by adding the following new subsection:
 27 14    NEW SUBSECTION.  8.  If moneys allocated under
 27 15 subsection 3, paragraph "a", are unobligated and
 27 16 unencumbered on June 30, 2004, those moneys shall be
 27 17 distributed to community colleges in accordance with
 27 18 subsection 5 for the fiscal year beginning July 1,
 27 19 2004, and ending June 30, 2005.
 27 20    Sec.    .  Section 306.46, as enacted by 2004 Iowa
 27 21 Acts, Senate File 2118, section 1, is amended by
 27 22 adding the following new subsection:
 27 23    NEW SUBSECTION.  3.  This section shall not impair
 27 24 or interfere with a city's authority to grant, amend,
 27 25 extend, or renew a franchise as provided in section
 27 26 364.2, and shall not impair or interfere with a city's
 27 27 existing general police powers to control the use of
 27 28 its right-of-way.
 27 29    Sec.    .  Section 321.34, subsection 11,
 27 30 paragraphs c and d, Code Supplement 2003, are amended
 27 31 to read as follows:
 27 32    c.  The special natural resources fee for letter
 27 33 number designated natural resources plates is thirty-
 27 34 five forty-five dollars.  The fee for personalized
 27 35 natural resources plates is forty-five dollars which
 27 36 shall be paid in addition to the special natural
 27 37 resources fee of thirty-five forty-five dollars.  The
 27 38 fees collected by the director under this subsection
 27 39 shall be paid monthly to the treasurer of state and
 27 40 credited to the road use tax fund.  Notwithstanding
 27 41 section 423.24, and prior to the crediting of revenues
 27 42 to the road use tax fund under section 423.24,
 27 43 subsection 1, paragraph "b", the treasurer of state
 27 44 shall credit monthly from those revenues to the Iowa
 27 45 resources enhancement and protection fund created
 27 46 pursuant to section 455A.18, the amount of the special
 27 47 natural resources fees collected in the previous month
 27 48 for the natural resources plates.
 27 49    From the moneys credited to the Iowa resources
 27 50 enhancement and protection fund under this paragraph
 28  1 "c", ten dollars of the fee collected for each natural
 28  2 resources plate issued, and fifteen dollars from each
 28  3 renewal fee, shall be allocated to the department of
 28  4 natural resources wildlife bureau to be used for
 28  5 nongame wildlife programs.
 28  6    d.  Upon receipt of the special registration
 28  7 plates, the applicant shall surrender the current
 28  8 registration receipt and plates to the county
 28  9 treasurer.  The county treasurer shall validate the
 28 10 special registration plates in the same manner as
 28 11 regular registration plates are validated under this
 28 12 section.  The annual special natural resources fee for
 28 13 letter number designated plates is ten twenty-five
 28 14 dollars which shall be paid in addition to the regular
 28 15 annual registration fee.  The annual fee for
 28 16 personalized natural resources plates is five dollars
 28 17 which shall be paid in addition to the annual special
 28 18 natural resources fee and the regular annual
 28 19 registration fee.  The annual special natural
 28 20 resources fee shall be credited as provided under
 28 21 paragraph "c".
 28 22    Sec.    .  NEW SECTION.  327F.38  FIRST AID AND
 28 23 MEDICAL TREATMENT FOR EMPLOYEES.
 28 24    The department shall adopt rules requiring railroad
 28 25 corporations within the state to provide reasonable
 28 26 and adequate access to first aid and medical treatment
 28 27 for employees injured in the course of employment.  A
 28 28 railroad corporation found guilty of a rule adopted
 28 29 pursuant to this section shall, upon conviction, be
 28 30 subject to a schedule "one" penalty.
 28 31    Sec.    .  Section 331.362, subsection 5, Code
 28 32 Supplement 2003, is amended to read as follows:
 28 33    5.  The Notwithstanding any provision of law to the
 28 34 contrary, the board may enter into agreements with the
 28 35 department of transportation as provided in section
 28 36 313.2, including but not limited to agreements for the
 28 37 disposition of county property in accordance with
 28 38 section 331.361, subsection 2.
 28 39    Sec.    .  Section 422.11J, subsection 5, paragraph
 28 40 a, if enacted by 2004 Iowa Acts, Senate File 2295, is
 28 41 amended to read as follows:
 28 42    a.  "Disabled student" means a child requiring
 28 43 special education, as defined in section 256B.2,
 28 44 subsection 1, or a student with disabilities who
 28 45 qualifies for educational services under section 504
 28 46 of the federal Rehabilitation Act of 1973, as amended
 28 47 and codified in 29 U.S.C. } 794.
 28 48    Sec.    .  Section 432.1, subsection 6, paragraph
 28 49 b, unnumbered paragraph 1, Code Supplement 2003, is
 28 50 amended to read as follows:
 29  1    In addition to the prepayment amount in paragraph
 29  2 "a", each life insurance company or association which
 29  3 is subject to tax under subsection 1 of this section
 29  4 and each mutual health service corporation which is
 29  5 subject to tax under section 432.2 shall remit on or
 29  6 before June 30 August 15, on a prepayment basis, an
 29  7 additional amount equal to the following percent of
 29  8 the premium tax liability for the preceding calendar
 29  9 year as follows:
 29 10    Sec.    .  Section 432.1, subsection 6, paragraph
 29 11 c, unnumbered paragraph 1, Code Supplement 2003, is
 29 12 amended to read as follows:
 29 13    In addition to the prepayment amount in paragraph
 29 14 "a", each insurance company or association, other than
 29 15 a life insurance company or association, which is
 29 16 subject to tax under subsection 3 shall remit on or
 29 17 before June 30 August 15, on a prepayment basis, an
 29 18 additional amount equal to the following percent of
 29 19 the premium tax liability for the preceding calendar
 29 20 year as follows:
 29 21    Sec.    .  Section 518.18, subsection 3, paragraph
 29 22 b, unnumbered paragraph 1, Code Supplement 2003, is
 29 23 amended to read as follows:
 29 24    In addition to the prepayment amount in paragraph
 29 25 "a", each association shall remit on or before June 30
 29 26 August 15, on a prepayment basis, an additional amount
 29 27 equal to the following percent of the premium tax
 29 28 liability for the preceding calendar year as follows:
 29 29    Sec.    .  Section 518A.35, subsection 3, paragraph
 29 30 b, unnumbered paragraph 1, Code Supplement 2003, is
 29 31 amended to read as follows:
 29 32    In addition to the prepayment amount in paragraph
 29 33 "a", each association shall remit on or before June 30
 29 34 August 15, on a prepayment basis, an additional amount
 29 35 equal to the following percent of the premium tax
 29 36 liability for the preceding calendar year as follows:
 29 37    Sec.    .  2004 Iowa Acts, Senate File 2257,
 29 38 section 1, subsection 10, if enacted, is amended to
 29 39 read as follows:
 29 40    10.  APPLICABILITY DATE.  This section applies to
 29 41 personal insurance contracts or policies delivered,
 29 42 issued for delivery, continued, or renewed in this
 29 43 state on or after April 1, 2005 October 1, 2004.
 29 44    Sec.    .  2003 Iowa Acts, chapter 145, section
 29 45 290, subsection 2, paragraph c, is amended to read as
 29 46 follows:
 29 47    c.  By September December 1, 2004, the department
 29 48 of administrative services, with the assistance of the
 29 49 department of management, shall conduct a
 29 50 comprehensive study of the impact of transferring all
 30  1 state agency employees delivering information
 30  2 technology services to the department of
 30  3 administrative services and of the impact of
 30  4 physically merging the data centers of the department,
 30  5 the state department of transportation, and the
 30  6 department of workforce development, into one data
 30  7 center.  The study shall include an assessment of
 30  8 advantages and disadvantages, economies of scale,
 30  9 cost, and space availability, and shall solicit input
 30 10 from outside vendors, both public and private.  The
 30 11 department shall report to the legislative fiscal
 30 12 bureau services agency and the committees on
 30 13 government oversight of the senate and house of
 30 14 representatives on the department's findings and
 30 15 recommendations by November 1, December 15, 2004.
 30 16    Sec. ___.  2004 Iowa Acts, House File 2562, section
 30 17 11, subsection 1, if enacted, is amended to read as
 30 18 follows:
 30 19    1.  This Act, except for the provision of this Act
 30 20 enacting section 99B.10, subsection 5B, being deemed
 30 21 of immediate importance, takes effect upon enactment.
 30 22    Sec.    .  MENTAL HEALTH INSTITUTE AT CHEROKEE.  If
 30 23 building space located at the state mental health
 30 24 institute at Cherokee being used by an organization
 30 25 other than the state will be vacated by the
 30 26 organization, the department of human services shall
 30 27 reserve the space to be available for the purposes
 30 28 described in this section.  The department shall
 30 29 develop a plan for using vacant building space at the
 30 30 institute for a program to address the treatment needs
 30 31 of persons with a developmental disability who exhibit
 30 32 sexually violent behavior and are residents at state
 30 33 resource centers or other residential settings.
 30 34    Sec.    .  EFFECTIVE DATE.  The sections of this
 30 35 division of this Act amending section 260C.18A, Code
 30 36 Supplement 2003, being deemed of immediate importance,
 30 37 take effect upon enactment.
 30 38    Sec.    .  EFFECTIVE DATE.  The section of this
 30 39 division of this Act amending section 306.46, being
 30 40 deemed of immediate importance, takes effect upon
 30 41 enactment.
 30 42    Sec.    .  REAP PLATES – EFFECTIVE DATE.  The
 30 43 section of this division of this Act amending section
 30 44 321.34, subsection 11, paragraphs "c" and "d", takes
 30 45 effect January 1, 2005.
 30 46    Sec.    .  EFFECTIVE DATE.  The sections of this
 30 47 division of this Act amending sections 432.1, 518.18,
 30 48 and 518A.35, being deemed of immediate importance,
 30 49 take effect upon enactment.  
 30 50                      DIVISION    
 31  1                  CORRECTIVE PROVISIONS
 31  2    Sec.    .  Section 9E.6A, unnumbered paragraph 1,
 31  3 Code 2003, as amended by 2004 Iowa Acts, House File
 31  4 2516, section 1, if enacted, is amended to read as
 31  5 follows:
 31  6    Each person performing a notarial act pursuant to
 31  7 section 9E.10 must acquire and use a stamp or seal as
 31  8 provided in this chapter.  However, this section shall
 31  9 not apply to a notarial act performed by a judicial
 31 10 officer as defined in section 602.1101, if the
 31 11 notarial act is performed in accordance with state or
 31 12 federal statutory authority, or is and shall not apply
 31 13 to a certification by a chief officer or a chief
 31 14 officer's designee of a peace officer's verification
 31 15 of a uniform citation and complaint pursuant to
 31 16 section 805.6, subsection 5.
 31 17    Sec.    .  Section 9H.1, subsection 17, Code
 31 18 Supplement 2003, is amended to read as follows:
 31 19    17.  "Limited partnership" means a limited
 31 20 partnership as defined in section 487.101, subsection
 31 21 7, and or 488.102, or a limited liability limited
 31 22 partnership under section 487.1301 or chapter 488,
 31 23 which owns or leases agricultural land or is engaged
 31 24 in farming.
 31 25    Sec.    .  Section 9H.1, subsection 17, Code
 31 26 Supplement 2003, as amended by this division of this
 31 27 Act to take effect January 1, 2005, is amended to read
 31 28 as follows:
 31 29    17.  "Limited partnership" means a limited
 31 30 partnership as defined in section 487.101 or 488.102,
 31 31 or a limited liability limited partnership under
 31 32 section 487.1301 or chapter 488, which owns or leases
 31 33 agricultural land or is engaged in farming.
 31 34    Sec.    .  Section 10B.1, subsection 8, Code
 31 35 Supplement 2003, is amended to read as follows:
 31 36    8.  "Limited partnership" means a foreign or
 31 37 domestic limited partnership, including a limited
 31 38 partnership as defined in section 487.101, subsection
 31 39 7 or 488.102, and a domestic or foreign limited
 31 40 liability limited partnership under section 487.1301
 31 41 or 487.1303, or chapter 488.
 31 42    Sec.    .  Section 10B.1, subsection 8, Code
 31 43 Supplement 2003, as amended by this division of this
 31 44 Act to take effect January 1, 2005, is amended to read
 31 45 as follows:
 31 46    8.  "Limited partnership" means a foreign or
 31 47 domestic limited partnership, including a limited
 31 48 partnership as defined in section 487.101 or 488.102,
 31 49 and a domestic or foreign limited liability limited
 31 50 partnership under section 487.1301 or 487.1303, or
 32  1 chapter 488.
 32  2    Sec.    .  Section 34A.7A, subsection 2, paragraph
 32  3 f, if enacted by 2004 Iowa Acts, House File 2434, is
 32  4 amended by striking the paragraph and inserting in
 32  5 lieu thereof the following:
 32  6    f.  (1)  The program manager shall allocate an
 32  7 amount up to one hundred twenty-seven thousand dollars
 32  8 per calendar quarter equally to the joint E911 service
 32  9 boards and the department of public safety that have
 32 10 submitted an annual written request to the program
 32 11 manager in a form approved by the program manager by
 32 12 May 15 of each year.
 32 13    (2)  Upon retirement of outstanding obligations
 32 14 referred to in paragraph "e", the amount allocated
 32 15 under this paragraph "f" shall be an amount up to four
 32 16 hundred thousand dollars per calendar quarter
 32 17 allocated as follows:
 32 18    (a)  Sixty-five percent of the total dollars
 32 19 available for allocation shall be allocated in
 32 20 proportion to the square miles of the service area to
 32 21 the total square miles in this state.
 32 22    (b)  Thirty-five percent of the total dollars
 32 23 available for allocation shall be allocated in
 32 24 proportion to the wireless E911 calls taken at the
 32 25 public safety answering point in the service area to
 32 26 the total number of wireless E911 calls originating in
 32 27 this state.
 32 28    (c)  Notwithstanding subparagraph subdivisions (a)
 32 29 and (b), the minimum amount allocated to each joint
 32 30 E911 service board and to the department of public
 32 31 safety shall be no less than one thousand dollars for
 32 32 each public safety answering point within the service
 32 33 area of the department of public safety or joint E911
 32 34 service board.
 32 35    (3)  The funds allocated in this paragraph "f"
 32 36 shall be used for communication equipment located
 32 37 inside the public safety answering points for the
 32 38 implementation and maintenance of wireless E911 phase
 32 39 2.  The joint E911 service boards and the department
 32 40 of public safety shall provide an estimate of phase 2
 32 41 implementation costs to the program manager by January
 32 42 1, 2005.
 32 43    Sec.    .  Section 48A.11, subsection 1, paragraph
 32 44 e, Code 2003, as amended by 2004 Iowa Acts, Senate
 32 45 File 2269, section 8, if enacted, is amended to read
 32 46 as follows:
 32 47    e.  Iowa driver's license number if the registrant
 32 48 has a current and valid Iowa driver's license, Iowa
 32 49 nonoperator's identification card if the registrant
 32 50 has a current and valid Iowa nonoperator's
 33  1 identification card, or the last four numerals of the
 33  2 registrant's social security number.  If the
 33  3 registrant does not have an Iowa driver's license
 33  4 number, an Iowa nonoperator's identification card
 33  5 number, or a social security number, the form shall
 33  6 provide space for a number to be assigned as provided
 33  7 in subsection 7.
 33  8    Sec.    .  Section 48A.25A, unnumbered paragraph 1,
 33  9 if enacted by 2004 Iowa Acts, Senate File 2269,
 33 10 section 13, is amended to read as follows:.
 33 11    Upon receipt of an application for voter
 33 12 registration by mail, the state registrar of voters
 33 13 shall compare the driver's license number, the Iowa
 33 14 nonoperator's identification card number, or the last
 33 15 four numerals of the social security number provided
 33 16 by the registrant with the records of the state
 33 17 department of transportation.  To be verified, the
 33 18 voter registration record shall contain the same name,
 33 19 date of birth, and driver's license number or Iowa
 33 20 nonoperator's identification card number or whole or
 33 21 partial social security number as the records of the
 33 22 department of transportation.  If the information
 33 23 cannot be verified, the application shall be rejected
 33 24 and the registrant shall be notified of the reason for
 33 25 the rejection.  If the information can be verified, a
 33 26 record shall be made of the verification and the
 33 27 application shall be accepted.
 33 28    Sec.    .  Section 48A.37, subsection 2, Code 2003,
 33 29 as amended by 2004 Iowa Acts, Senate File 2269,
 33 30 section 18, if enacted, is amended to read as follows:
 33 31    2.  Electronic records shall include a status code
 33 32 designating whether the records are active, inactive,
 33 33 local, or pending.  Inactive records are records of
 33 34 registered voters to whom notices have been sent
 33 35 pursuant to section 48A.28, subsection 3, and who have
 33 36 not returned the card or otherwise responded to the
 33 37 notice, and those records have been designated
 33 38 inactive pursuant to section 48A.29.  Local records
 33 39 are records of applicants who did not answer either
 33 40 "yes" or "no" to the question in section 48A.11,
 33 41 subsection 2A, paragraph "a".  Pending records are
 33 42 records of applicants whose applications have not been
 33 43 verified pursuant to section 48A.25A.  All other
 33 44 records are active records.  An inactive record shall
 33 45 be made active when the registered voter votes at an
 33 46 election, registers again, or reports a change of
 33 47 name, address, telephone number, or political party
 33 48 affiliation.  A pending record shall be made active
 33 49 upon verification.  A local record shall be valid for
 33 50 any election for which no candidates for federal
 34  1 office appear on the ballot, but the.  A registrant
 34  2 may with only a local record shall not vote in a
 34  3 federal election unless the registrant submits a new
 34  4 voter registration application before election day
 34  5 indicating that the applicant is a citizen of the
 34  6 United States.
 34  7    Sec.    .  Section 49.81, subsection 2, unnumbered
 34  8 paragraph 3, if enacted by 2004 Iowa Acts, Senate File
 34  9 2269, section 20, is amended to read as follows:
 34 10    You must show identification before your ballot can
 34 11 be counted.  Please bring or mail a copy of a current
 34 12 and valid photo identification card to the county
 34 13 commissioners commissioner's office or bring or mail a
 34 14 copy of one of the following current documents that
 34 15 show your name and address:
 34 16    Sec.    .  Section 52.7, unnumbered paragraph 4,
 34 17 Code 2003, as amended by 2004 Iowa Acts, Senate File
 34 18 2269, section 27, if enacted, is amended to read as
 34 19 follows:
 34 20    Such machine shall be so constructed as to
 34 21 accurately account for every vote cast upon it.  The
 34 22 machine shall be so constructed as to remove
 34 23 information from the ballot identifying the voter
 34 24 before the ballot is recorded and counted.  If the
 34 25 machine is a direct electronic recording electronic
 34 26 device, the machine shall be so constructed as to
 34 27 store each ballot cast separate from the ballot
 34 28 tabulation function, which ballot may be reproduced on
 34 29 paper in the case of a recount, manual audit, or
 34 30 machine malfunction.
 34 31    Sec.    .  Section 53.3, subsection 7, if enacted
 34 32 by 2004 Iowa Acts, Senate File 2269, section 30, is
 34 33 amended to read as follows:
 34 34    7.  A statement that an absentee ballot will by be
 34 35 mailed to the applicant within twenty-four hours after
 34 36 the ballot for the election is available.
 34 37    Sec.    .  Section 53.17, subsection 1, paragraph
 34 38 a, if enacted by 2004 Iowa Acts, Senate File 2269,
 34 39 section 33, is amended to read as follows:
 34 40    a.  The sealed carrier envelope may be delivered by
 34 41 the registered voter, by the special precinct election
 34 42 officials designated pursuant to section 53.22,
 34 43 subsection 1, or by the voter's designee if the
 34 44 absentee ballot is voted by a voter described in
 34 45 section 53.22, subsection 5, to the commissioner's
 34 46 office no later than the time the polls are closed on
 34 47 election day, except as otherwise provided in
 34 48 subsection 4.
 34 49    Sec.    .  Section 53.17, subsection 4, paragraph
 34 50 d, subparagraph (2), if enacted by 2004 Iowa Acts,
 35  1 Senate File 2269, section 33, is amended to read as
 35  2 follows:
 35  3    (2)  The date and time the voted completed absentee
 35  4 ballot was received from the voter.
 35  5    Sec.    .  Section 68A.402, subsection 7, paragraph
 35  6 b, as amended by 2004 Iowa Acts, House File 2319,
 35  7 section 1, if enacted, is amended to read as follows:
 35  8    b.  COUNTY ELECTIONS.  A political committee
 35  9 expressly advocating the nomination, election, or
 35 10 defeat of candidates for county office shall file
 35 11 reports on the same dates as a candidate's committee
 35 12 is required to file reports under subsection 2,
 35 13 paragraph "a" and subsection 5, paragraph "b".
 35 14    Sec.    .  Section 68A.503, subsection 4,
 35 15 unnumbered paragraph 1, as amended by 2004 Iowa Acts,
 35 16 House File 2318, section 7, if enacted, is amended to
 35 17 read as follows:
 35 18    The prohibitions in sections subsections 1 and 2
 35 19 shall not apply to an insurance company, savings and
 35 20 loan association, bank, credit union, or corporation
 35 21 engaged in any of the following activities:
 35 22    Sec.    .  Section 99B.11, subsection 2, paragraph
 35 23 c, Code 2003, as amended by 2004 Iowa Acts, Senate
 35 24 File 2249, section 1, is amended to read as follows:
 35 25    c.  Contests or exhibitions of cooking,
 35 26 horticulture, livestock, poultry, fish or other
 35 27 animals, artwork, hobbywork or craftwork, except those
 35 28 prohibited by chapter 717A or section 725.11.
 35 29    Sec.    .  Section 174.1, subsection 0B, paragraph
 35 30 a, as enacted by House File 2403, section 8, is
 35 31 amended to read as follows:
 35 32    a.  The organization owns or leases at least ten
 35 33 acres of fairgrounds.  A society An organization may
 35 34 meet the requirement of owning or leasing land,
 35 35 buildings, and improvements through ownership by a
 35 36 joint entity under chapter 28E.
 35 37    Sec.    .  Section 174.12, subsection 2, unnumbered
 35 38 paragraph 1, Code 2003, as amended by 2004 Iowa Acts,
 35 39 House File 2403, section 16, is amended to read as
 35 40 follows:
 35 41    A district director of the association representing
 35 42 the district in which the county is located, and the
 35 43 director of the Iowa state fair board representing the
 35 44 state fair board district in which the county is
 35 45 located, certify to the association that the fair had
 35 46 an accredited delegate in attendance at at least one
 35 47 of the district meetings, and at the association's
 35 48 annual meeting.
 35 49    Sec.    .  Section 229.27, subsection 1, Code 2003,
 35 50 is amended to read as follows:
 36  1    1.  Hospitalization of a person under this chapter,
 36  2 either voluntarily or involuntarily, does not
 36  3 constitute a finding of nor equate with nor raise a
 36  4 presumption of incompetency, nor cause the person so
 36  5 hospitalized to be deemed a person of unsound mind nor
 36  6 a person under legal disability for any purpose,
 36  7 including but not limited to any circumstances to
 36  8 which sections 6B.15, 447.7, 487.402, subsection 5,
 36  9 paragraph "b", section 488.603, subsection 6,
 36 10 paragraph "c", sections 487.705, 488.704, 597.6,
 36 11 600B.21, 614.8, 614.19, 614.22, 614.24, 614.27, and
 36 12 633.244 are applicable.
 36 13    Sec.    .  Section 229.27, subsection 1, Code 2003,
 36 14 as amended by this division of this Act to take effect
 36 15 January 1, 2005, is amended to read as follows:
 36 16    1.  Hospitalization of a person under this chapter,
 36 17 either voluntarily or involuntarily, does not
 36 18 constitute a finding of nor equate with nor raise a
 36 19 presumption of incompetency, nor cause the person so
 36 20 hospitalized to be deemed a person of unsound mind nor
 36 21 a person under legal disability for any purpose,
 36 22 including but not limited to any circumstances to
 36 23 which sections 6B.15, 447.7, 487.402, subsection 5,
 36 24 paragraph "b", section 488.603, subsection 6,
 36 25 paragraph "c", sections 487.705, 488.704, 597.6,
 36 26 600B.21, 614.8, 614.19, 614.22, 614.24, 614.27, and
 36 27 633.244 are applicable.
 36 28    Sec.    .  Section 260C.18A, subsection 2,
 36 29 unnumbered paragraph 1, Code Supplement 2003, is
 36 30 amended to read as follows:
 36 31    On July 1 of each year for the fiscal year
 36 32 beginning July 1, 2003, and for every fiscal year
 36 33 thereafter, moneys from the grow Iowa values fund
 36 34 created in section 15G.108 are appropriated to the
 36 35 department of economic development for deposit in the
 36 36 workforce training and economic development funds in
 36 37 amounts determined pursuant to subsection 3 4.  Moneys
 36 38 deposited in the funds and disbursed to community
 36 39 colleges for a fiscal year shall be expended for the
 36 40 following purposes, provided seventy percent of the
 36 41 moneys shall be used on projects in the areas of
 36 42 advanced manufacturing, information technology and
 36 43 insurance, and life sciences which include the areas
 36 44 of biotechnology, health care technology, and nursing
 36 45 care technology:
 36 46    Sec.    .  Section 321I.10, if enacted by 2004 Iowa
 36 47 Acts, Senate File 297, section 53, is amended by
 36 48 adding the following new subsection:
 36 49    NEW SUBSECTION.  2A.  Cities may designate streets
 36 50 under the jurisdiction of cities within their
 37  1 respective corporate limits which may be used for the
 37  2 sport of driving all-terrain vehicles.
 37  3    Sec.    .  Section 331.606B, subsection 4,
 37  4 paragraph a, if enacted by 2004 Iowa Acts, Senate File
 37  5 371, section 3, is amended to read as follows:
 37  6    a.  A document or instrument that was signed before
 37  7 July 1, 2004 2005.
 37  8    Sec.    .  Section 488.102, subsection 10,
 37  9 paragraph a, subparagraph (2), as enacted by 2004 Iowa
 37 10 Acts, House File 2347, section 2, is amended to read
 37 11 as follows:
 37 12    (2)  A person that was a general partner in a
 37 13 limited partnership when the limited partnership
 37 14 became subject to this chapter under section 488.1206
 37 15 488.1204, subsection 1 or 2.
 37 16    Sec.    .  Section 488.102, subsection 12,
 37 17 paragraph a, subparagraph (2), as enacted by 2004 Iowa
 37 18 Acts, House File 2347, section 2, is amended to read
 37 19 as follows:
 37 20    (2)  A person that was a limited partner in a
 37 21 limited partnership when the limited partnership
 37 22 became subject to this chapter under section 488.1206
 37 23 488.1204, subsection 1 or 2.
 37 24    Sec.    .  Section 488.102, subsection 13, as
 37 25 enacted by 2004 Iowa Acts, House File 2347, section 2,
 37 26 is amended to read as follows:
 37 27    13.  "Limited partnership", except in the phrases
 37 28 "foreign limited partnership" and "foreign limited
 37 29 liability limited partnership", means an entity,
 37 30 having one or more general partners and one or more
 37 31 limited partners, which is formed under this chapter
 37 32 by two or more persons or becomes subject to this
 37 33 chapter under article 11 or section 488.1206 488.1204,
 37 34 subsection 1 or 2.  The term includes a limited
 37 35 liability limited partnership.
 37 36    Sec.    .  Section 488.202, subsection 3,
 37 37 unnumbered paragraph 1, as enacted by 2004 Iowa Acts,
 37 38 House File 2347, section 20, is amended to read as
 37 39 follows:
 37 40    A general partner that knows that any information
 37 41 in a filed certificate of limited partnership was
 37 42 false when the certificate was filed or has become
 37 43 false due to changed circumstances shall promptly do
 37 44 at least one of the following:
 37 45    Sec.    .  Section 488.209, subsection 1, paragraph
 37 46 c, as enacted by 2004 Iowa Acts, House File 2347,
 37 47 section 27, is amended to read as follows:
 37 48    c.  Whether all fees, taxes, and penalties under
 37 49 this chapter or other law due to the secretary of
 37 50 state have been paid.
 38  1    Sec.    .  Section 488.209, subsection 2, paragraph
 38  2 c, as enacted by 2004 Iowa Acts, House File 2347,
 38  3 section 27, is amended to read as follows:
 38  4    c.  Whether all fees, taxes, and penalties under
 38  5 this chapter or other law due to the secretary of
 38  6 state have been paid.
 38  7    Sec.    .  Section 488.508, subsection 6, as
 38  8 enacted by 2004 Iowa Acts, House File 2347, section
 38  9 50, is amended to read as follows:
 38 10    6.  A limited partnership's indebtedness, including
 38 11 indebtedness issued in connection with or as part of a
 38 12 distribution, is not considered a liability for
 38 13 purposes of subsection 2 if the terms of the
 38 14 indebtedness provide that payment of principal and
 38 15 interest are is made only to the extent that a
 38 16 distribution could then be made to partners under this
 38 17 section.
 38 18    Sec.    .  Section 488.703, subsection 1, as
 38 19 enacted by 2004 Iowa Acts, House File 2347, section
 38 20 61, is amended to read as follows:
 38 21    1.  On application to a court of competent
 38 22 jurisdiction by any judgment creditor of a partner or
 38 23 transferee, the court may charge the transferable
 38 24 interest of the judgment debtor with payment of the
 38 25 unsatisfied amount of the judgment with interest.  To
 38 26 the extent so charged, the judgment creditor has only
 38 27 the rights of a transferee.  The court may appoint a
 38 28 receiver of the share of the distributions due or to
 38 29 become due to the judgment debtor in respect of the
 38 30 partnership and make all other orders, directions,
 38 31 accounts, and inquiries the judgment debtor might have
 38 32 made or which the circumstances of the case may
 38 33 require to give effect to the charging order.
 38 34    Sec.    .  Section 488.809, subsection 1, paragraph
 38 35 a, as enacted by 2004 Iowa Acts, House File 2347,
 38 36 section 72, is amended to read as follows:
 38 37    a.  Pay any fee, tax, or penalty under this chapter
 38 38 or other law due to the secretary of state.
 38 39    Sec.    .  Section 488.906, subsection 1, paragraph
 38 40 a, as enacted by 2004 Iowa Acts, House File 2347,
 38 41 section 81, is amended to read as follows:
 38 42    a.  Pay, within sixty days after the due date, any
 38 43 fee, tax or penalty under this chapter or other law
 38 44 due to the secretary of state.
 38 45    Sec.    .  Section 488.1106, subsection 1,
 38 46 paragraph a, as enacted by 2004 Iowa Acts, House File
 38 47 2347, section 94, is amended to read as follows:
 38 48    a.  The governing statute of each of the other
 38 49 organizations authorizes the merger.
 38 50    Sec.    .  Section 504.304, subsection 1, if
 39  1 enacted by 2004 Iowa Acts, Senate File 2274, section
 39  2 27, is amended to read as follows:
 39  3    1.  Except as provided in subsection 2, the
 39  4 validity of corporate action may shall not be
 39  5 challenged on the ground that the corporation lacks or
 39  6 lacked power to act.
 39  7    Sec.    .  Section 504.854, subsection 3, paragraph
 39  8 b, if enacted by 2004 Iowa Acts, Senate File 2274,
 39  9 section 104, is amended to read as follows:
 39 10    b.  By the members, but the director who, at the
 39 11 time does not qualify as a disinterested director, may
 39 12 shall not vote as a member or on behalf of a member.
 39 13    Sec.    .  Section 504.1422, subsection 3, if
 39 14 enacted by 2004 Iowa Acts, Senate File 2274, section
 39 15 145, is amended to read as follows:
 39 16    3.  A corporation that is administratively
 39 17 dissolved continues its corporate existence but may
 39 18 shall not carry on any activities except those
 39 19 necessary to wind up and liquidate its affairs
 39 20 pursuant to section 504.1406 and notify its claimants
 39 21 pursuant to sections 504.1407 and 504.1408.
 39 22    Sec.    .  Section 614.37, Code 2003, as amended by
 39 23 2004 Iowa Acts, House File 2450, section 8, if
 39 24 enacted, is amended to read as follows:
 39 25    614.37  LIMITATION STATUTES NOT EXTENDED.
 39 26    Nothing contained in this chapter shall be
 39 27 construed to extend the period for the bringing of an
 39 28 action or for the doing of any other required act
 39 29 under any statutes of limitations, nor, except as
 39 30 herein specifically provided, to effect the operation
 39 31 of any statutes governing the effect of the recording
 39 32 or the failure to record any instrument affecting
 39 33 land.  It is intended that nothing contained in this
 39 34 division chapter be interpreted to revive or extend
 39 35 the period of filing a claim or bringing an action
 39 36 that may be limited or barred by any other statute.
 39 37    Sec.    .  Section 669.14, subsection 11,
 39 38 unnumbered paragraph 1, Code Supplement 2003, as
 39 39 amended by 2004 Iowa Acts, House File 2347, section
 39 40 116, is amended to read as follows:
 39 41    Any claim for financial loss based upon an act or
 39 42 omission in financial regulation, including but not
 39 43 limited to examinations, inspections, audits, or other
 39 44 financial oversight responsibilities, pursuant to
 39 45 chapters 87, 203, 203C, 203D, 421B, 486, or the figure
 39 46 "487" 487, 488, and 490 through 553, excluding
 39 47 chapters 540A, 542, 542B, 543B, 543C, 543D, 544A, and
 39 48 544B.
 39 49    Sec.    .  Section 709A.1, subsection 2, paragraph
 39 50 c, Code 2003, as amended by 2004 Iowa Acts, Senate
 40  1 File 2249, section 2, is amended to read as follows:
 40  2    c.  Any premises the use of which constitutes a
 40  3 violation of chapter 717A, or section 725.5, or
 40  4 725.10, or 725.11.
 40  5    Sec.    .  Section 714.26, subsection 1, paragraph
 40  6 c, if enacted by 2004 Iowa Acts, House File 2395, is
 40  7 amended to read as follows:
 40  8    c.  "Retail value" means the highest value of an
 40  9 item determined by any reasonable standard at the time
 40 10 the item bearing or identified by a counterfeit mark
 40 11 is seized.  If a seized item bearing or identified by
 40 12 a counterfeit mark is a component of a finished
 40 13 product, "retail value" also means the highest value,
 40 14 determined by any reasonable standard, of the finished
 40 15 product on which the component would have been
 40 16 utilized.  The retail value shall be the retail value
 40 17 of the aggregate quantity of all items seized which
 40 18 bear or are identified by a counterfeit mark.  For
 40 19 purposes of this paragraph, reasonable standard
 40 20 includes but is not limited the to the market value
 40 21 within the community, actual value, replacement value,
 40 22 or the counterfeiter's regular selling price for the
 40 23 item bearing or identified by a counterfeit mark, or
 40 24 the intellectual property owner's regular selling
 40 25 price for an item similar to the item bearing or
 40 26 identified by a counterfeit mark.
 40 27    Sec.    .  Section 717E.1, subsection 3, paragraph
 40 28 a, if enacted by 2004 Iowa Acts, House File 2480,
 40 29 section 1, is amended to read as follows:
 40 30    a.  The annual fair and exposition held by the Iowa
 40 31 state fair board pursuant to chapter 173 or any fair
 40 32 held event conducted by a county or district fair or
 40 33 agricultural society under the provisions of chapter
 40 34 174.
 40 35    Sec.    .  Section 812.6, subsection 2, unnumbered
 40 36 paragraph 1, if enacted by 2004 Iowa Acts, Senate File
 40 37 2272, section 8, is amended to read as follows:
 40 38    If the court finds by clear and convincing evidence
 40 39 that the defendant poses a danger to the public peace
 40 40 or safety, or that the defendant is otherwise not
 40 41 qualified for pretrial release, or the defendant
 40 42 refuses to cooperate with treatment, the court shall
 40 43 commit the defendant to an appropriate inpatient
 40 44 treatment facility as provided in paragraphs paragraph
 40 45 "a" and or "b".  The defendant shall receive mental
 40 46 health treatment designed to restore the defendant to
 40 47 competency.
 40 48    Sec.    .  Sections 7D.15, 10D.1, 15.114, 15.221,
 40 49 15E.64, 18A.11, 84A.1C, 225C.13, 303.3, 331.441,
 40 50 357A.2, 357A.11, 357A.20, 357A.21, 357A.22A, 357A.23,
 41  1 357A.24, 425.11, 476.1, 476.27, 480.3, 499.5, 499.5A,
 41  2 500.3, 504C.1, 514.19, 514.23, and 515.1, Code 2003,
 41  3 are amended by inserting before the figure "504A" the
 41  4 following:  "504 or", if 2004 Iowa Acts, Senate File
 41  5 2274 is enacted.
 41  6    Sec.    .  Sections 9H.1, 9H.4, 10B.1, 190C.6,
 41  7 304A.21, 331.427, 357A.15, 422.45, 490.1701, 504B.1,
 41  8 504B.6, 513C.10, 514.1, 514.2, 514.5, 616.10, 633.63,
 41  9 and 716.6B, Code Supplement 2003, are amended by
 41 10 inserting before the figure "504A" the following:
 41 11 "504 or", if 2004 Iowa Acts, Senate File 2274 is
 41 12 enacted.
 41 13    Sec.    .  2004 Iowa Acts, House File 401, section
 41 14 1, is amended by striking the section and inserting in
 41 15 lieu thereof the following:
 41 16    SECTION 1.  Section 404A.4, subsection 4, Code
 41 17 Supplement 2003, is amended to read as follows:
 41 18    4.  The total amount of tax credits that may be
 41 19 approved for a fiscal year under this chapter shall
 41 20 not exceed two million four hundred thousand dollars.
 41 21 For the fiscal years beginning July 1, 2005, and July
 41 22 1, 2006, an additional five hundred thousand dollars
 41 23 of tax credits may be approved each fiscal year for
 41 24 purposes of projects located in cultural and
 41 25 entertainment districts certified pursuant to section
 41 26 303.3B.  Any of the additional tax credits allocated
 41 27 for projects located in certified cultural and
 41 28 entertainment districts that are not approved during a
 41 29 fiscal year may be carried over to the succeeding
 41 30 fiscal year.  Tax credit certificates shall be issued
 41 31 on the basis of the earliest awarding The department
 41 32 of cultural affairs shall establish by rule the
 41 33 procedures for the application, review, selection, and
 41 34 awarding of certifications of completion as provided
 41 35 in subsection 1.  The departments of economic
 41 36 development, cultural affairs, and revenue shall each
 41 37 adopt rules to jointly administer this subsection and
 41 38 shall provide by rule for the method to be used to
 41 39 determine for which fiscal year the tax credits are
 41 40 approved available.
 41 41    Sec.    .  2004 Iowa Acts, House File 2562, section
 41 42 10, subsection 2, if enacted, is amended to read as
 41 43 follows:
 41 44    2.  On and after July 1, 2005, an owner of an
 41 45 electrical and mechanical amusement device as
 41 46 described in subsection 1 shall not offer the device
 41 47 for use by the public.  However, the owner of a device
 41 48 shall be permitted to sell the device to a
 41 49 distributor, as defined in section 99B.1, as amended
 41 50 by this Act, or to a person authorized to offer the
 42  1 device to the public pursuant to section 99B.10,
 42  2 subsection 4, as amended by this Act for which a class
 42  3 "A", class "B", class "C", or class "D" liquor control
 42  4 license or class "B" or class "C" beer permit has been
 42  5 issued pursuant to chapter 123.
 42  6    Sec.    .  2004 Iowa Acts, Senate File 2070,
 42  7 section 35, subsection 1, is amended to read as
 42  8 follows:
 42  9    1.  Except as provided in subsections 2 through 4
 42 10 6, this Act takes effect January 1, 2005.
 42 11    Sec.    .  The section of 2004 Iowa Acts, House
 42 12 File 2489, amending section 523A.502, subsection 7, is
 42 13 repealed if 2004 Iowa Acts, House File 2269, is
 42 14 enacted.
 42 15    Sec.    .  2004 Iowa Acts, Senate File 2282,
 42 16 section 1, if enacted, is amended to read as follows:
 42 17    SECTION 1.  LOESS HILLS STUDY AND REPORT.  The
 42 18 loess hills development and conservation authority, in
 42 19 consultation with the state advisory board for
 42 20 preserves, shall conduct a comprehensive study to
 42 21 determine the archaeological and paleontological
 42 22 significance and the significance of the flora and
 42 23 fauna of the loess hills and to determine the
 42 24 feasibility of designating land in the loess hills for
 42 25 dedication as a state native prairie preserve and of
 42 26 other various uses of the loess hills.  The natural
 42 27 resource commission loess hills development and
 42 28 conservation authority may accept gifts, grants,
 42 29 bequests, and other private contributions, as well as
 42 30 federal, state, or local funds for the purposes of
 42 31 conducting the study.  The loess hills development and
 42 32 conservation authority and the state advisory board
 42 33 for preserves shall file a joint report containing
 42 34 their findings and recommendations with the
 42 35 legislative services agency by December 15, 2006, for
 42 36 distribution to the general assembly.
 42 37    Sec.    .  EFFECTIVE AND RETROACTIVE APPLICABILITY
 42 38 DATES.
 42 39    1.  The sections of this division of this Act
 42 40 amending sections 9H.1 and 10B.1, Code Supplement
 42 41 2003, and 229.27, Code 2003, take effect January 1,
 42 42 2005.  The sections of this division of this Act
 42 43 further amending sections 9H.1 and 10B.1, Code
 42 44 Supplement 2003, and 229.27, Code 2003, as amended by
 42 45 this division of this Act to take effect January 1,
 42 46 2005, take effect January 1, 2006.
 42 47    2.  The section of this division of this Act
 42 48 amending section 260C.18A, being deemed of immediate
 42 49 importance, takes effect upon enactment and applies
 42 50 retroactively to July 1, 2003.
 43  1    3.  The section of this division of this Act
 43  2 amending 2004 Iowa Acts, Senate File 2070, being
 43  3 deemed of immediate importance, takes effect upon
 43  4 enactment and applies retroactively to the date of
 43  5 enactment of Senate File 2070.  
 43  6                      DIVISION    
 43  7          COMMUNITY ATTRACTION AND TOURISM FUND
 43  8    Sec.    .  Section 15F.204, subsection 3, Code
 43  9 2003, is amended to read as follows:
 43 10    3.  The fund shall be used to provide assistance
 43 11 only from funds, rights, and assets legally available
 43 12 to the board in the form of grants, loans, forgivable
 43 13 loans, and credit enhancements and financing
 43 14 instruments under the community attraction and tourism
 43 15 program established in section 15F.202.  A project
 43 16 with a total cost exceeding twenty million dollars may
 43 17 receive financial assistance under the program.  An
 43 18 applicant under the community attraction and tourism
 43 19 program shall not receive financial assistance from
 43 20 the fund in an amount exceeding fifty percent of the
 43 21 total cost of the project.
 43 22    Sec.    .  Section 15F.204, Code 2003, is amended
 43 23 by adding the following new subsection:
 43 24    NEW SUBSECTION.  8.  a.  There is appropriated from
 43 25 the rebuild Iowa infrastructure fund to the community
 43 26 attraction and tourism fund, the following amounts:
 43 27    (1)  For the fiscal year beginning July 1, 2004,
 43 28 and ending June 30, 2005, the sum of twelve million
 43 29 dollars.
 43 30    (2)  For the fiscal year beginning July 1, 2005,
 43 31 and ending June 30, 2006, the sum of five million
 43 32 dollars.
 43 33    (3)  For the fiscal year beginning July 1, 2006,
 43 34 and ending June 30, 2007, the sum of five million
 43 35 dollars.
 43 36    (4)  For the fiscal year beginning July 1, 2007,
 43 37 and ending June 30, 2008, the sum of five million
 43 38 dollars.
 43 39    (5)  For the fiscal year beginning July 1, 2008,
 43 40 and ending June 30, 2009, the sum of five million
 43 41 dollars.
 43 42    (6)  For the fiscal year beginning July 1, 2009,
 43 43 and ending June 30, 2010, the sum of five million
 43 44 dollars.
 43 45    b.  There is appropriated from the franchise tax
 43 46 revenues deposited in the general fund of the state to
 43 47 the community attraction and tourism fund, the
 43 48 following amounts:
 43 49    (1)  For the fiscal year beginning July 1, 2005,
 43 50 and ending June 30, 2006, the sum of seven million
 44  1 dollars.
 44  2    (2)  For the fiscal year beginning July 1, 2006,
 44  3 and ending June 30, 2007, the sum of seven million
 44  4 dollars.
 44  5    (3)  For the fiscal year beginning July 1, 2007,
 44  6 and ending June 30, 2008, the sum of seven million
 44  7 dollars.
 44  8    (4)  For the fiscal year beginning July 1, 2008,
 44  9 and ending June 30, 2009, the sum of seven million
 44 10 dollars.
 44 11    (5)  For the fiscal year beginning July 1, 2009,
 44 12 and ending June 30, 2010, the sum of seven million
 44 13 dollars.
 44 14    Notwithstanding the allocation requirements in
 44 15 subsection 5, the board may make a multiyear
 44 16 commitment to an applicant of up to four million
 44 17 dollars in any one fiscal year.  
 44 18                      DIVISION    
 44 19            REGULATORY EFFICIENCY COMMISSION
 44 20    Sec.    .  REGULATORY EFFICIENCY COMMISSION.
 44 21    1.  A regulatory efficiency commission is
 44 22 established for purposes of identifying unneeded
 44 23 regulations, fines, and fees that hinder business
 44 24 development.  The commission shall also identify
 44 25 methods for streamlining access to regulatory
 44 26 information.
 44 27    2.  The commission shall consist of eight voting
 44 28 members appointed by the governor and four ex officio
 44 29 members.
 44 30    a.  The eight voting members appointed by the
 44 31 governor are subject to the requirements of sections
 44 32 69.16, 69.16A, and 69.19.  The eight members shall
 44 33 consist of the following:
 44 34    (1)  Two members shall be economic development
 44 35 representatives from two different chambers of
 44 36 commerce.  One shall be from a metropolitan area with
 44 37 more than fifty thousand people and one shall be from
 44 38 a metropolitan area with fifty thousand people or
 44 39 less.
 44 40    (2)  Two members representing agricultural
 44 41 interests.
 44 42    (3)  One member representing the Iowa association
 44 43 of business and industry.
 44 44    (4)  Two members representing commercial-based and
 44 45 manufacturing-based businesses.
 44 46    (5)  One member representing the Iowa environmental
 44 47 council.
 44 48    b.  The four ex officio members shall be members of
 44 49 the general assembly.  Two members shall be from the
 44 50 senate and two members shall be from the house of
 45  1 representatives, with not more than one member from
 45  2 each chamber being from the same political party.  The
 45  3 two senators shall be designated by the president of
 45  4 the senate after consultation with the majority and
 45  5 minority leaders of the senate.  The two
 45  6 representatives shall be designated by the speaker of
 45  7 the house of representatives after consultation with
 45  8 the majority and minority leaders of the house of
 45  9 representatives.  Legislative members shall serve in
 45 10 an ex officio, nonvoting capacity.
 45 11    3.  Meetings of the commission are subject to the
 45 12 provisions of chapter 21.
 45 13    4.  By January 10, 2005, the commission shall
 45 14 submit a written report to the governor and the
 45 15 general assembly.  The report shall include the
 45 16 findings and legislative recommendations of the
 45 17 commission.  The report shall be distributed by the
 45 18 secretary of the senate and the chief clerk of the
 45 19 house of representatives to the chairpersons and
 45 20 members of the administrative rules review committee
 45 21 and the economic growth committees in the senate and
 45 22 the house of representatives.  
 45 23                      DIVISION    
 45 24                 WIND ENERGY TAX CREDITS
 45 25    Sec.    .  NEW SECTION.  422.11J  WIND ENERGY
 45 26 PRODUCTION TAX CREDIT.
 45 27    The taxes imposed under this division, less the
 45 28 credits allowed under sections 422.12 and 422.12B,
 45 29 shall be reduced by a wind energy production tax
 45 30 credit allowed under chapter 476B.
 45 31    Sec.    .  Section 422.33, Code Supplement 2003, is
 45 32 amended by adding the following new subsection:
 45 33    NEW SUBSECTION.  16.  The taxes imposed under this
 45 34 division shall be reduced by a wind energy production
 45 35 tax credit allowed under chapter 476B.
 45 36    Sec.    .  Section 422.60, Code Supplement 2003, is
 45 37 amended by adding the following new subsection:
 45 38    NEW SUBSECTION.  9.  The taxes imposed under this
 45 39 division shall be reduced by a wind energy production
 45 40 tax credit allowed under chapter 476B.
 45 41    Sec.    .  NEW SECTION.  432.12E  WIND ENERGY
 45 42 PRODUCTION TAX CREDIT.
 45 43    The taxes imposed under this chapter shall be
 45 44 reduced by a wind energy production tax credit allowed
 45 45 under chapter 476B.
 45 46    Sec.    .  Section 437A.6, subsection 1, paragraph
 45 47 c, Code 2003, is amended to read as follows:
 45 48    c.  Wind energy conversion property subject to
 45 49 section 427B.26 or eligible for a tax credit under
 45 50 chapter 476B.
 46  1    Sec.    .  NEW SECTION.  476B.1  DEFINITIONS.
 46  2    For purposes of this chapter, unless the context
 46  3 otherwise requires:
 46  4    1.  "Board" means the utilities board within the
 46  5 utilities division of the department of commerce.
 46  6    2.  "Department" means the department of revenue.
 46  7    3.  "Qualified electricity" means electricity
 46  8 produced from wind at a qualified facility.
 46  9    4.  "Qualified facility" means an electrical
 46 10 production facility that meets all of the following:
 46 11    a.  Produces electricity from wind.
 46 12    b.  Is located in Iowa.
 46 13    c.  Was originally placed in service on or after
 46 14 July 1, 2004, but before July 1, 2007.
 46 15    Sec.    .  NEW SECTION.  476B.2  GENERAL RULE.
 46 16    The owner of a qualified facility shall, for each
 46 17 kilowatt-hour of qualified electricity that the owner
 46 18 sells during the ten-year period beginning on the date
 46 19 the qualified facility was originally placed in
 46 20 service, be allowed a wind energy production tax
 46 21 credit to the extent provided in this chapter against
 46 22 the tax imposed in chapter 422, divisions II, III, and
 46 23 V, and chapter 432.
 46 24    Sec.    .  NEW SECTION.  476B.3  CREDIT AMOUNT.
 46 25    1.  Except as limited by subsection 2, the wind
 46 26 energy production tax credit allowed under this
 46 27 chapter equals the product of one cent multiplied by
 46 28 the number of kilowatt-hours of qualified electricity
 46 29 sold by the owner during the taxable year.
 46 30    2.  a.  The maximum amount of tax credit which a
 46 31 group of qualified facilities operating as one unit
 46 32 may receive for a taxable year equals the rate of
 46 33 credit times thirty-two percent of the total number of
 46 34 kilowatts of nameplate generating capacity.
 46 35    b.  However, if for the previous taxable year the
 46 36 amount of the tax credit for the group of qualified
 46 37 facilities operating as one unit is less than the
 46 38 maximum amount available as provided in paragraph "a",
 46 39 the maximum amount for the next taxable year shall be
 46 40 increased by the amount of the previous year's unused
 46 41 maximum credit.
 46 42    Sec.    .  NEW SECTION.  476B.4  LIMITATIONS.
 46 43    1.  a.  The wind energy production tax credit shall
 46 44 not be allowed for any kilowatt-hour of electricity
 46 45 produced on wind energy conversion property for which
 46 46 the owner has claimed or otherwise received for that
 46 47 property the benefit of special valuation under
 46 48 section 427B.26 or section 441.21, subsection 8, or
 46 49 the exemption from retail sales tax under section
 46 50 422.45, subsection 48, or section 423.3, subsection
 47  1 53, as applicable.
 47  2    b.  The disallowance of the tax credit pursuant to
 47  3 paragraph "a" does not apply to an owner of a
 47  4 qualified facility that owns, directly or indirectly,
 47  5 in the aggregate, a total annual turbine nameplate
 47  6 capacity of all such property of less than one
 47  7 megawatt.  A qualified facility under this paragraph
 47  8 shall not be owned by more than one person.
 47  9    2.  The wind energy production tax credit shall not
 47 10 be allowed for any kilowatt-hour of electricity that
 47 11 is sold to a related person.  For purpose of this
 47 12 subsection, persons shall be treated as related to
 47 13 each other if such persons would be treated as a
 47 14 single employer under the regulations prescribed under
 47 15 section 52(b) of the Internal Revenue Code.  In the
 47 16 case of a corporation that is a member of an
 47 17 affiliated group of corporations filing a consolidated
 47 18 return, such corporation shall be treated as selling
 47 19 electricity to an unrelated person if such electricity
 47 20 is sold to such a person by another member of such
 47 21 group.
 47 22    Sec.    .  NEW SECTION.  476B.5  APPLICATION FOR
 47 23 TAX CREDIT CERTIFICATES.
 47 24    1.  a.  To be eligible to receive the wind energy
 47 25 production tax credit, the owner must first receive
 47 26 approval of the board of supervisors of the county in
 47 27 which the qualified facility is located.  The
 47 28 application for approval may be submitted prior to
 47 29 commencement of the construction of the qualified
 47 30 facility but shall be submitted no later than the
 47 31 close of the owner's first taxable year for which the
 47 32 credit is to be applied for.  The application must
 47 33 contain the owner's name and address, the address of
 47 34 the qualified facility, and the dates of the owner's
 47 35 first and last taxable years for which the credit will
 47 36 be applied for.  Within forty-five days of the receipt
 47 37 of the application for approval, the board of
 47 38 supervisors shall either approve or disapprove the
 47 39 application.  After the forty-five-day limit, the
 47 40 application is deemed to be approved.
 47 41    b.  Upon approval of the application, the owner may
 47 42 apply for the tax credit as provided in subsection 2.
 47 43 In addition, approval of the application is acceptance
 47 44 by the applicant for the assessment of the qualified
 47 45 facility for property tax purposes for a period of
 47 46 twelve years and approval by the board of supervisors
 47 47 for the payment of the property taxes levied on the
 47 48 qualified property to the state.  For purposes of
 47 49 property taxation, the qualified facility shall be
 47 50 centrally assessed and shall be exempt from any
 48  1 replacement tax under section 437A.6 for the period
 48  2 during which the facility is subject to property
 48  3 taxation.  The property taxes to be paid to the state
 48  4 are those property taxes which make up the
 48  5 consolidated tax levied on the qualified facility and
 48  6 which are due and payable in the twelve-year period
 48  7 beginning with the first fiscal year beginning on or
 48  8 after the end of the owner's first taxable year for
 48  9 which the credit is applied for.  Upon approval of the
 48 10 application, the board of supervisors shall notify the
 48 11 county treasurer to state on the tax statement which
 48 12 lists the taxes on the qualified facility that the
 48 13 amount of the property taxes shall be paid to the
 48 14 department.  Payment of the designated property taxes
 48 15 to the department shall be in the same manner as
 48 16 required for the payment of regular property taxes and
 48 17 failure to pay designated property taxes to the
 48 18 department shall be treated the same as failure to pay
 48 19 property taxes to the county treasurer.
 48 20    c.  Once the owner of the qualified facility
 48 21 receives approval under paragraph "a", subsequent
 48 22 approval under paragraph "a" is not required for the
 48 23 same qualified facility for subsequent taxable years.
 48 24    2.  To receive the wind energy production tax
 48 25 credit, an owner of the qualified facility must submit
 48 26 an application for a tax credit certificate to the
 48 27 board not later than thirty days after the close of
 48 28 the taxable year for which the credit is applied for.
 48 29 The owner's application must contain, but need not be
 48 30 limited to, all of the following information:  the
 48 31 owner's name, tax identification number, and address,
 48 32 the number of kilowatt-hours of qualified electricity
 48 33 sold by the owner during the preceding taxable year,
 48 34 the address of the qualified facility at which the
 48 35 qualified electricity was produced, and the
 48 36 denomination that each tax credit certificate is to
 48 37 carry.  For the first taxable year for which the
 48 38 credit is applied for, there shall be attached to the
 48 39 application a notarized copy of the board of
 48 40 supervisors' approval as required in subsection 1.
 48 41    3.  The board shall, in conjunction with the
 48 42 department, prescribe appropriate forms, including
 48 43 board of supervisors' approval forms, and instructions
 48 44 to enable owners to claim the tax credit allowed under
 48 45 this chapter.  If the board prescribes these forms and
 48 46 instructions, an owner's application for a tax credit
 48 47 certificate shall not be valid unless made on and in
 48 48 accordance with these forms and instructions.
 48 49    Sec.    .  NEW SECTION.  476B.6  ISSUANCE OF TAX
 48 50 CREDIT CERTIFICATES.
 49  1    1.  If the owner meets the criteria for eligibility
 49  2 for the wind energy production tax credit, the board
 49  3 shall determine the validity of the application and if
 49  4 valid, shall approve the application for credit.  Once
 49  5 approval of the credit for a qualified facility is
 49  6 granted, subsequent approval is not required for the
 49  7 same qualified facility.  However, application is
 49  8 required to be filed as provided in section 476B.5,
 49  9 subsection 2, for purposes of the issuance of credit
 49 10 certificates.  The board shall issue one or more tax
 49 11 credit certificates to the owner not later than thirty
 49 12 days after the application is submitted to the board.
 49 13 Each tax credit certificate must contain the owner's
 49 14 name, address, and tax identification number, amount
 49 15 of tax credits, the first taxable year the
 49 16 certificates may be used, which shall not be for a
 49 17 taxable year beginning prior to July 1, 2005, and the
 49 18 expiration date of the tax credit certificate, which
 49 19 shall be seven years from its date of issuance and any
 49 20 other information required by the department.  Once
 49 21 issued by the board, the tax credit certificate shall
 49 22 be binding on the board and the department and shall
 49 23 not be modified, terminated, or rescinded.  The board
 49 24 shall notify the department and identify the qualified
 49 25 facility for which the owner received tax credit
 49 26 certificates that property taxes levied on the
 49 27 qualified facility are to be paid to the department.
 49 28    2.  If the tax credit application is filed by a
 49 29 partnership, limited liability company, S corporation,
 49 30 estate, trust, or other reporting entity all of the
 49 31 income of which is taxed directly to its equity
 49 32 holders or beneficiaries, the tax credit certificate
 49 33 may, at the election of the owner, be issued directly
 49 34 to equity holders or beneficiaries of the owner in
 49 35 proportion to their pro rata share of the income of
 49 36 such entity.  If the owner elects to have the tax
 49 37 credit certificate issued directly to its equity
 49 38 holders or beneficiaries, the owner must, in the
 49 39 application made under section 476B.5, identify its
 49 40 equity holders or beneficiaries, and the amount of
 49 41 such entity's income that is allocable to each equity
 49 42 holder or beneficiary.
 49 43    Sec.    .  NEW SECTION.  476B.7  TRANSFER OF TAX
 49 44 CREDIT CERTIFICATES.
 49 45    Wind energy production tax credit certificates
 49 46 issued under this chapter may be transferred to any
 49 47 person or entity.  Within thirty days of transfer, the
 49 48 transferee must submit the transferred tax credit
 49 49 certificate to the board along with a statement
 49 50 containing the transferee's name, tax identification
 50  1 number, and address, and the denomination that each
 50  2 replacement tax credit certificate is to carry and any
 50  3 other information required by the department.  Within
 50  4 thirty days of receiving the transferred tax credit
 50  5 certificate and the transferee's statement, the board
 50  6 shall issue one or more replacement tax credit
 50  7 certificates to the transferee.  Each replacement
 50  8 certificate must contain the information required
 50  9 under section 476B.6 and must have the same effective
 50 10 taxable year and the same expiration date that
 50 11 appeared in the transferred tax credit certificate.
 50 12 Tax credit certificate amounts of less than the
 50 13 minimum amount established by rule of the board shall
 50 14 not be transferable.  A tax credit shall not be
 50 15 claimed by a transferee under this chapter until a
 50 16 replacement tax credit certificate identifying the
 50 17 transferee as the proper holder has been issued.
 50 18    The tax credit shall only be transferred once.  The
 50 19 transferee may use the amount of the tax credit
 50 20 transferred against the taxes imposed under chapter
 50 21 422, divisions II, III, and V, and chapter 432 for any
 50 22 tax year the original transferor could have claimed
 50 23 the tax credit.  Any consideration received for the
 50 24 transfer of the tax credit shall not be included as
 50 25 income under chapter 422, divisions II, III, and V.
 50 26 Any consideration paid for the transfer of the tax
 50 27 credit shall not be deducted from income under chapter
 50 28 422, divisions II, III, and V.
 50 29    Sec.    .  NEW SECTION.  476B.8  USE OF TAX CREDIT
 50 30 CERTIFICATES.
 50 31    To claim a wind energy production tax credit under
 50 32 this chapter, a taxpayer must attach one or more tax
 50 33 credit certificates to the taxpayer's tax return.  A
 50 34 tax credit certificate shall not be used or attached
 50 35 to a return filed for a taxable year beginning prior
 50 36 to July 1, 2005.  The tax credit certificate or
 50 37 certificates attached to the taxpayer's tax return
 50 38 shall be issued in the taxpayer's name, expire on or
 50 39 after the last day of the taxable year for which the
 50 40 taxpayer is claiming the tax credit, and show a tax
 50 41 credit amount equal to or greater than the tax credit
 50 42 claimed on the taxpayer's tax return.  Any tax credit
 50 43 in excess of the taxpayer's tax liability for the
 50 44 taxable year may be credited to the taxpayer's tax
 50 45 liability for the following seven taxable years or
 50 46 until depleted, whichever is the earlier.
 50 47    Sec.    .  NEW SECTION.  476B.9  REGISTRATION OF
 50 48 TAX CREDIT CERTIFICATES.
 50 49    The board shall, in conjunction with the
 50 50 department, develop a system for the registration of
 51  1 the wind energy production tax credit certificates
 51  2 issued or transferred under this chapter and a system
 51  3 that permits verification that any tax credit claimed
 51  4 on a tax return is valid and that transfers of the tax
 51  5 credit certificates are made in accordance with the
 51  6 requirements of this chapter.  The tax credit
 51  7 certificates issued under this chapter shall not be
 51  8 classified as a security pursuant to chapter 502.
 51  9    Sec.    .  EFFECTIVE AND APPLICABILITY DATES.  This
 51 10 division of this Act, being deemed of immediate
 51 11 importance, takes effect upon enactment and applies
 51 12 retroactively to taxable years beginning on or after
 51 13 January 1, 2004.  
 51 14                      DIVISION    
 51 15      LICENSED INTERPRETER FOR THE HEARING IMPAIRED
 51 16    Sec.    .  Section 147.1, subsection 2, paragraph
 51 17 c, Code 2003, is amended to read as follows:
 51 18    c.  "Licensed" or "certified" when applied to a
 51 19 physician and surgeon, podiatric physician, osteopath,
 51 20 osteopathic physician and surgeon, physician
 51 21 assistant, psychologist or associate psychologist,
 51 22 chiropractor, nurse, dentist, dental hygienist,
 51 23 optometrist, speech pathologist, audiologist,
 51 24 pharmacist, physical therapist, occupational
 51 25 therapist, respiratory care practitioner, practitioner
 51 26 of cosmetology arts and sciences, practitioner of
 51 27 barbering, funeral director, dietitian, marital and
 51 28 family therapist, mental health counselor, social
 51 29 worker, massage therapist, athletic trainer, or
 51 30 acupuncturist, or interpreter for the hearing
 51 31 impaired, means a person licensed under this subtitle.
 51 32    Sec.    .  Section 147.1, subsection 2, paragraph
 51 33 f, Code 2003, is amended to read as follows:
 51 34    f.  "Profession" means medicine and surgery,
 51 35 podiatry, osteopathy, osteopathic medicine and
 51 36 surgery, practice as a physician assistant,
 51 37 psychology, chiropractic, nursing, dentistry, dental
 51 38 hygiene, optometry, speech pathology, audiology,
 51 39 pharmacy, physical therapy, occupational therapy,
 51 40 respiratory care, cosmetology arts and sciences,
 51 41 barbering, mortuary science, marital and family
 51 42 therapy, mental health counseling, social work,
 51 43 dietetics, massage therapy, athletic training, or
 51 44 acupuncture, or interpreting for the hearing impaired.
 51 45    Sec.    .  Section 147.2, unnumbered paragraph 1,
 51 46 Code 2003, is amended to read as follows:
 51 47    A person shall not engage in the practice of
 51 48 medicine and surgery, podiatry, osteopathy,
 51 49 osteopathic medicine and surgery, psychology,
 51 50 chiropractic, physical therapy, nursing, dentistry,
 52  1 dental hygiene, optometry, speech pathology,
 52  2 audiology, occupational therapy, respiratory care,
 52  3 pharmacy, cosmetology, barbering, social work,
 52  4 dietetics, marital and family therapy or mental health
 52  5 counseling, massage therapy, mortuary science, or
 52  6 acupuncture, or interpreting for the hearing impaired,
 52  7 or shall not practice as a physician assistant as
 52  8 defined in the following chapters of this subtitle,
 52  9 unless the person has obtained from the department a
 52 10 license for that purpose.
 52 11    Sec.    .  Section 147.13, Code 2003, is amended by
 52 12 adding the following new subsection:
 52 13    NEW SUBSECTION.  21.  For interpreters, interpreter
 52 14 for the hearing impaired examiners.
 52 15    Sec.    .  Section 147.14, Code 2003, is amended by
 52 16 adding the following new subsection:
 52 17    NEW SUBSECTION.  21.  For interpreting for the
 52 18 hearing impaired, four members licensed to practice
 52 19 interpreting, three of whom shall be practicing
 52 20 interpreters at the time of appointment to the board
 52 21 and at least one of whom is employed in an educational
 52 22 setting; and three members who are consumers of
 52 23 interpreting services as defined in section 154E.1,
 52 24 each of whom shall be deaf.  A majority of members of
 52 25 the board constitutes a quorum.
 52 26    Sec.    .  Section 147.74, Code Supplement 2003, is
 52 27 amended by adding the following new subsection:
 52 28    NEW SUBSECTION.  21A.  An interpreter licensed
 52 29 under chapter 154E and this chapter may use the title
 52 30 "licensed interpreter" or the letters "L.I." after the
 52 31 person's name.
 52 32    Sec.    .  Section 147.80, Code Supplement 2003, is
 52 33 amended by adding the following new subsection:
 52 34    NEW SUBSECTION.  28A.  License to practice
 52 35 interpreting, license to practice interpreting under a
 52 36 reciprocal license, or renewal of a license to
 52 37 practice interpreting.
 52 38    Sec.    .  NEW SECTION.  154E.1  DEFINITIONS.
 52 39    As used in this chapter, unless the context
 52 40 otherwise requires:
 52 41    1.  "Board" means the board of interpreter for the
 52 42 hearing impaired examiners established in chapter 147.
 52 43    2.  "Consumer" means an individual utilizing
 52 44 interpreting services who uses spoken English,
 52 45 American sign language, or a manual form of English.
 52 46    3.  "Department" means the Iowa department of
 52 47 public health.
 52 48    4.  "Interpreter training program" means a post-
 52 49 secondary education program training individuals to
 52 50 interpret or transliterate.
 53  1    5.  "Interpreting" means facilitating communication
 53  2 between individuals who communicate via American sign
 53  3 language and individuals who communicate via spoken
 53  4 English.
 53  5    6.  "Licensee" means any person licensed to
 53  6 practice interpreting or transliterating for deaf,
 53  7 hard-of-hearing, and hearing individuals in the state
 53  8 of Iowa.
 53  9    7.  "Transliterating" means facilitating
 53 10 communication between individuals who communicate via
 53 11 a manual form of English and individuals who
 53 12 communicate via spoken English.
 53 13    Sec.    .  NEW SECTION.  154E.2  DUTIES OF THE
 53 14 BOARD.
 53 15    The board shall administer this chapter.  The
 53 16 board's duties shall include, but are not limited to,
 53 17 the following:
 53 18    1.  Adopt rules consistent with this chapter and
 53 19 with chapter 147 which are necessary for the
 53 20 performance of its duties.
 53 21    2.  Act on matters concerning licensure and the
 53 22 process of applying for, granting, suspending,
 53 23 imposing supervisory or probationary conditions upon,
 53 24 reinstating, and revoking a license.
 53 25    3.  Establish and collect licensure fees.  The
 53 26 board shall establish the amounts of license and
 53 27 renewal fees based upon the actual costs of sustaining
 53 28 the board and the actual costs of issuing the
 53 29 licenses, and all fees collected shall be deposited
 53 30 with the treasurer of state who shall deposit them in
 53 31 the general fund of the state.
 53 32    4.  Administer the provisions of this chapter
 53 33 regarding documentation required to demonstrate
 53 34 competence as an interpreter, and the processing of
 53 35 applications for licenses and license renewals.
 53 36    5.  Establish and maintain as a matter of public
 53 37 record a registry of interpreters licensed pursuant to
 53 38 this chapter.
 53 39    6.  Develop continuing education requirements as a
 53 40 condition of license renewal.
 53 41    7.  Evaluate requirements for licensure in other
 53 42 states to determine if reciprocity may be granted.
 53 43    Sec.    .  NEW SECTION.  154E.3  REQUIREMENTS FOR
 53 44 LICENSURE.
 53 45    On or after July 1, 2005, every person providing
 53 46 interpreting or transliterating services in this state
 53 47 shall be licensed pursuant to this chapter.  The board
 53 48 shall adopt rules pursuant to chapters 17A, 147, and
 53 49 272C establishing procedures for the licensing of new
 53 50 and existing interpreters.  Prior to obtaining
 54  1 licensure, an applicant shall successfully pass an
 54  2 examination prescribed and approved by the board,
 54  3 demonstrating the following:
 54  4    1.  VOICE-TO-SIGN INTERPRETATION.  An applicant
 54  5 shall demonstrate proficiency at:
 54  6    a.  Message equivalence, producing a true and
 54  7 accurate signed form of the spoken message,
 54  8 maintaining the integrity of content and meaning, and
 54  9 exhibiting few omissions, substitutions, or other
 54 10 errors.
 54 11    b.  Affect, producing nonmanual grammar consistent
 54 12 with the intent and emotion of the speaker, and
 54 13 exhibiting no distracting mannerisms.
 54 14    c.  Vocabulary choice, making correct sign choices
 54 15 appropriate to the setting and consumers, applying
 54 16 facial grammar consistent with sign choice, selecting
 54 17 signs that remain true to speaker's intent, and
 54 18 demonstrating lexical variety.
 54 19    d.  Fluency, displaying confidence in production,
 54 20 exhibiting a strong command of American sign language
 54 21 or manual codes for English, applying nonmanual
 54 22 behaviors consistent with the speaker's intent, and
 54 23 demonstrating understanding of and sensitivity to
 54 24 cultural differences.
 54 25    2.  SIGN-TO-VOICE INTERPRETATION.  An applicant
 54 26 shall demonstrate proficiency at:
 54 27    a.  Message equivalence, producing a true and
 54 28 accurate spoken form of the signed message,
 54 29 maintaining the integrity of content and meaning, and
 54 30 exhibiting few omissions, substitutions, or other
 54 31 errors.
 54 32    b.  Affect, producing inflection consistent with
 54 33 the intent and emotion of the speaker, and exhibiting
 54 34 no distracting mannerisms.
 54 35    c.  Vocabulary choice, making correct word choices
 54 36 appropriate to the setting and consumers, using vocal
 54 37 inflection consistent with word choice, selecting
 54 38 words that remain true to the speaker's intent, and
 54 39 demonstrating lexical variety.
 54 40    d.  Fluency, displaying confidence in production,
 54 41 exhibiting a strong command of English in both spoken
 54 42 and written forms, applying vocal inflections
 54 43 consistent with the speaker's intent, and
 54 44 demonstrating understanding of and sensitivity to
 54 45 cultural differences.
 54 46    3.  PROFESSIONAL CONDUCT.  An applicant shall
 54 47 demonstrate:
 54 48    a.  Proficiency in functioning as a communicator of
 54 49 messages between the sender and receiver, and
 54 50 educating consumers of services about the functions
 55  1 and logistics of the interpreting process.
 55  2    b.  An impartial demeanor, refraining from
 55  3 interjecting opinions or advice and from aligning with
 55  4 one party over another.  An applicant shall treat all
 55  5 people fairly and respectfully regardless of their
 55  6 relationship to the interpreting assignment, and
 55  7 present a professional appearance that is not visually
 55  8 distracting and is appropriate to the setting.  An
 55  9 applicant shall exhibit knowledge and application of
 55 10 federal and state laws pertaining to the interpreting
 55 11 profession.
 55 12    c.  Integrity, and shall be proficient in
 55 13 understanding and applying ethical behavior
 55 14 appropriate for a licensee.  An applicant shall
 55 15 demonstrate discretion in accepting and meeting
 55 16 interpreter services requests, and shall engage
 55 17 actively in lifelong learning.
 55 18    Sec.    .  NEW SECTION.  154E.4  EXCEPTIONS.
 55 19    1.  A person shall not practice interpreting or
 55 20 transliterating, or represent oneself to be an
 55 21 interpreter, unless the person is licensed under this
 55 22 chapter.
 55 23    2.  This chapter does not prohibit any of the
 55 24 following:
 55 25    a.  Any person residing outside of the state of
 55 26 Iowa holding a current license from another state that
 55 27 meets the state of Iowa's requirements from providing
 55 28 interpreting or transliterating services in this state
 55 29 for up to fourteen days per calendar year without a
 55 30 license issued pursuant to this chapter.
 55 31    b.  Any person who interprets or transliterates
 55 32 solely in a religious setting with the exception of
 55 33 those working in schools that receive government
 55 34 funding.
 55 35    c.  Volunteers working without compensation,
 55 36 including emergency situations, until a licensed
 55 37 interpreter is obtained.
 55 38    d.  Any person working as a substitute for a
 55 39 licensed interpreter in an early childhood,
 55 40 elementary, or secondary education setting for no more
 55 41 than thirty school days in a calendar year.
 55 42    Sec.    .  Section 272C.1, subsection 6, Code 2003,
 55 43 is amended by adding the following new paragraph:
 55 44    NEW PARAGRAPH.  ad.  The board of interpreter for
 55 45 the hearing impaired examiners, created pursuant to
 55 46 chapter 154E.
 55 47    Sec.    .  INTERPRETER STANDARDS AND REGULATIONS.
 55 48 There is appropriated from the general fund of the
 55 49 state to the Iowa department of public health, for the
 55 50 fiscal year beginning July 1, 2004, and ending June
 56  1 30, 2005, the following amount, or so much thereof as
 56  2 is necessary, for the purpose designated:
 56  3    For protecting the health and safety of the public
 56  4 through establishing standards and enforcing
 56  5 regulations of interpreters for the deaf, hard-of-
 56  6 hearing, and hearing impaired, and for not more than
 56  7 the following full-time equivalent positions:  
 56  8 .................................................. $     60,390
 56  9 ............................................... FTEs       1.00
 56 10    Sec.    .  TRANSITION PROVISIONS.
 56 11    1.  The board of interpreter for the hearing
 56 12 impaired examiners shall be provisionally established
 56 13 as provided in section 147.14, as amended in this
 56 14 division of this Act, effective July 1, 2004, for the
 56 15 sole purpose of appointment of members and organizing,
 56 16 planning, and adopting rules, as described in section
 56 17 154E.2, as enacted in this division of this Act, which
 56 18 rules shall be effective July 1, 2005.  The board
 56 19 shall become fully operational July 1, 2007, as
 56 20 provided in this division of this Act.
 56 21    2.  Applicants for licensure under chapter 154E who
 56 22 have not passed a licensure examination approved by
 56 23 the board by July 1, 2005, shall be issued a temporary
 56 24 license to practice interpreting for a period of two
 56 25 years, commencing on July 1, 2005.
 56 26    3.  Applicants issued a temporary license pursuant
 56 27 to this section shall pass a licensure examination
 56 28 approved by the board on or before July 1, 2007, in
 56 29 order to remain licensed as an interpreter.
 56 30    Sec.    .  EFFECTIVE DATE.  This division of this
 56 31 Act providing for the licensing of interpreters by
 56 32 amending chapters 147 and 272C and enacting chapter
 56 33 154E takes effect July 1, 2005.  
 56 34                      DIVISION    
 56 35                  INCOME TAX CHECKOFFS
 56 36    Sec.    .  NEW SECTION.  100B.13  VOLUNTEER FIRE
 56 37 FIGHTER PREPAREDNESS FUND.
 56 38    1.  A volunteer fire fighter preparedness fund is
 56 39 created as a separate and distinct fund in the state
 56 40 treasury under the control of the division of fire
 56 41 protection of the department of public safety.
 56 42    2.  Revenue for the volunteer fire fighter
 56 43 preparedness fund shall include, but is not limited
 56 44 to, the following:
 56 45    a.  Moneys credited to the fund pursuant to section
 56 46 422.12F.
 56 47    b.  Moneys in the form of a devise, gift, bequest,
 56 48 donation, or federal or other grant intended to be
 56 49 used for the purposes of the fund.
 56 50    3.  Moneys in the volunteer fire fighter
 57  1 preparedness fund are not subject to section 8.33.
 57  2 Notwithstanding section 12C.7, subsection 2, interest
 57  3 or earnings on moneys in the fund shall be credited to
 57  4 the fund.
 57  5    4.  Moneys in the volunteer fire fighter
 57  6 preparedness fund are appropriated to the division of
 57  7 fire protection of the department of public safety to
 57  8 be used annually to pay the costs of providing
 57  9 volunteer fire fighter training around the state and
 57 10 to pay the costs of providing volunteer fire fighting
 57 11 equipment.
 57 12    Sec.    .  Section 314.28, Code 2003, is reenacted
 57 13 to read as follows:
 57 14    314.28  KEEP IOWA BEAUTIFUL FUND.
 57 15    A keep Iowa beautiful fund is created in the office
 57 16 of the treasurer of state.  The fund is composed of
 57 17 moneys appropriated or available to and obtained or
 57 18 accepted by the treasurer of state for deposit in the
 57 19 fund.  The fund shall include moneys credited to the
 57 20 fund as provided in section 422.12A.  All interest
 57 21 earned on moneys in the fund shall be credited to and
 57 22 remain in the fund.  Section 8.33 does not apply to
 57 23 moneys in the fund.
 57 24    Moneys in the fund are subject to appropriation by
 57 25 the general assembly annually for the purposes of
 57 26 educating and encouraging Iowans to take greater
 57 27 responsibility for improving their community
 57 28 environment and enhancing the beauty of the state
 57 29 through litter prevention, improving waste management
 57 30 and recycling efforts, and beautification projects.
 57 31    The department may authorize payment of moneys
 57 32 appropriated from the fund to the department upon
 57 33 approval of an application from a private or public
 57 34 organization.  The applicant shall submit a plan for
 57 35 litter prevention, improving waste management and
 57 36 recycling efforts, or a beautification project along
 57 37 with its application.  The department shall establish
 57 38 standards relating to the type of projects available
 57 39 for assistance.
 57 40    Sec.    .  Section 422.12A, Code Supplement 2003,
 57 41 is reenacted to read as follows:
 57 42    422.12A  INCOME TAX REFUND CHECKOFF FOR KEEP IOWA
 57 43 BEAUTIFUL FUND.
 57 44    1.  A person who files an individual or a joint
 57 45 income tax return with the department of revenue under
 57 46 section 422.13 may designate one dollar or more to be
 57 47 paid to the keep Iowa beautiful fund as created in
 57 48 section 314.28.  If the refund due on the return or
 57 49 the payment remitted with the return is insufficient
 57 50 to pay the additional amount designated by the
 58  1 taxpayer to the keep Iowa beautiful fund, the amount
 58  2 designated shall be reduced to the remaining amount of
 58  3 refund or the remaining amount remitted with the
 58  4 return.  The designation of a contribution to the keep
 58  5 Iowa beautiful fund under this section is irrevocable.
 58  6    2.  The director of revenue shall draft the income
 58  7 tax form to allow the designation of contributions to
 58  8 the keep Iowa beautiful fund on the tax return.  The
 58  9 department of revenue, on or before January 31, shall
 58 10 certify the total amount designated on the tax return
 58 11 forms due in the preceding calendar year and shall
 58 12 report the amount to the treasurer of state.  The
 58 13 treasurer of state shall credit the amount to the keep
 58 14 Iowa beautiful fund.  However, before a checkoff
 58 15 pursuant to this section shall be permitted, all
 58 16 liabilities on the books of the department of revenue
 58 17 and accounts identified as owing under section 421.17
 58 18 and the political contribution allowed under section
 58 19 68A.601 shall be satisfied.
 58 20    3.  Moneys in the fund are subject to appropriation
 58 21 as provided in section 314.28.
 58 22    4.  The department of revenue shall adopt rules to
 58 23 administer this section.
 58 24    5.  This section is subject to repeal under section
 58 25 422.12E.
 58 26    Sec.    .  Section 422.12E, Code Supplement 2003,
 58 27 is amended to read as follows:
 58 28    422.12E  INCOME TAX RETURN CHECKOFFS LIMITED.
 58 29    For tax years beginning on or after January 1, 1995
 58 30 2004, there shall be allowed no more than three four
 58 31 income tax return checkoffs on each income tax return.
 58 32 When the same three four income tax return checkoffs
 58 33 have been provided on the income tax return for three
 58 34 two consecutive years, the checkoff two checkoffs for
 58 35 which the least amount has been contributed, in the
 58 36 aggregate for the first two tax years year and through
 58 37 March 15 of the third second tax year, shall be are
 58 38 repealed.  This section does not apply to the income
 58 39 tax return checkoff provided in section 68A.601.
 58 40    If more checkoffs are enacted in the same session
 58 41 of the general assembly than there is space for
 58 42 inclusion on the individual tax return form, the
 58 43 earliest enacted checkoffs for which there is space
 58 44 for inclusion on the return form shall be included on
 58 45 the return form, and all other checkoffs enacted
 58 46 during that session of the general assembly are
 58 47 repealed.
 58 48    Sec.    .  NEW SECTION.  422.12F  INCOME TAX
 58 49 CHECKOFF FOR VOLUNTEER FIRE FIGHTER PREPAREDNESS.
 58 50    1.  A person who files an individual or a joint
 59  1 income tax return with the department of revenue under
 59  2 section 422.13 may designate one dollar or more to be
 59  3 paid to the volunteer fire fighter preparedness fund
 59  4 as created in section 100B.13.  If the refund due on
 59  5 the return or the payment remitted with the return is
 59  6 insufficient to pay the additional amount designated
 59  7 by the taxpayer to the volunteer fire fighter
 59  8 preparedness fund, the amount designated shall be
 59  9 reduced to the remaining amount of refund or the
 59 10 remaining amount remitted with the return.  The
 59 11 designation of a contribution to the volunteer fire
 59 12 fighter preparedness fund under this section is
 59 13 irrevocable.
 59 14    2.  The director of revenue shall draft the income
 59 15 tax form to allow the designation of contributions to
 59 16 the volunteer fire fighter preparedness fund on the
 59 17 tax return.  The department of revenue, on or before
 59 18 January 31, shall certify the total amount designated
 59 19 on the tax return forms due in the preceding calendar
 59 20 year and shall report the amount to the treasurer of
 59 21 state.  The treasurer of state shall credit the amount
 59 22 to the volunteer fire fighter preparedness fund.
 59 23 However, before a checkoff pursuant to this section
 59 24 shall be permitted, all liabilities on the books of
 59 25 the department of revenue and accounts identified as
 59 26 owing under section 421.17 and the political
 59 27 contribution allowed under section 68A.601 shall be
 59 28 satisfied.
 59 29    3.  The department of revenue shall adopt rules to
 59 30 administer this section.
 59 31    4.  This section is subject to repeal under section
 59 32 422.12E.
 59 33    Sec.    .  EFFECTIVE AND APPLICABILITY DATES.
 59 34    1.  The section of this division of this Act
 59 35 amending section 422.12E, being deemed of immediate
 59 36 importance, takes effect upon enactment.
 59 37    2.  The sections of this division of this Act
 59 38 reenacting section 422.12A and enacting section
 59 39 422.12F apply retroactively to tax years beginning on
 59 40 or after January 1, 2004.  
 59 41                      DIVISION    
 59 42           STATE TAX IMPLEMENTATION COMMITTEE
 59 43    Sec.    .  STATE TAX IMPLEMENTATION COMMITTEE.
 59 44    1.  On or before July 1, 2004, the department of
 59 45 revenue, in consultation with the department of
 59 46 management, shall initiate and coordinate the
 59 47 establishment of a state tax implementation committee.
 59 48 The department of revenue and the department of
 59 49 management shall provide staffing assistance to the
 59 50 committee.
 60  1    The state tax implementation committee shall
 60  2 include four members of the general assembly, one each
 60  3 appointed by the majority leader of the senate, the
 60  4 speaker of the house of representatives, the minority
 60  5 leader of the senate, and the minority leader of the
 60  6 house of representatives.  The committee shall also
 60  7 include members appointed by the department of
 60  8 revenue.  One member shall be appointed to represent
 60  9 each of the following:
 60 10    a.  The department of revenue.
 60 11    b.  The department of management.
 60 12    c.  Counties
 60 13    d.  Cities.
 60 14    e.  School districts.
 60 15    f.  Local assessors.
 60 16    g.  County auditors.
 60 17    h.  Commercial property taxpayers.
 60 18    i.  Industrial property taxpayers.
 60 19    j.  Residential property taxpayers.
 60 20    k.  Agricultural property taxpayers.
 60 21    l.  Chapter 437A taxpayers.
 60 22    One additional stakeholder shall be appointed
 60 23 jointly by the majority leader of the senate and the
 60 24 speaker of the house of representatives.
 60 25    Any vacancy shall be filled in the same manner as
 60 26 regular appointments are made.
 60 27    The chairpersons of the committee shall be those
 60 28 members of the general assembly appointed by the
 60 29 majority leader of the senate and the speaker of the
 60 30 house of representatives.
 60 31    The members of the committee representing the
 60 32 department of revenue and the department of management
 60 33 are nonvoting, ex officio members.
 60 34    The committee shall meet quarterly and at other
 60 35 times as necessary at the call of the chairpersons.
 60 36 Written notice of the time and place of each meeting
 60 37 shall be given to each member of the committee.  The
 60 38 only vote taken by the committee shall be the vote
 60 39 approving the final report in subsection 2.
 60 40    2.  The committee shall review and analyze the
 60 41 following:
 60 42    a.  Revenue sources available to local governments
 60 43 and school districts, including taxes, payments in
 60 44 lieu of property taxes, fees, state appropriations,
 60 45 and federal moneys.
 60 46    b.  Revenue sources available to the state,
 60 47 including taxes, fees, and federal moneys, and the
 60 48 portion of state revenues annually appropriated, or
 60 49 otherwise disbursed, to local governments.
 60 50    c.  Exemptions, credits, deductions, exclusions,
 61  1 and other reductions in state or local taxes made
 61  2 available, by state statute or local ordinance, to
 61  3 state and local taxpayers; and state reimbursement of
 61  4 any property tax credits and exemptions.
 61  5    d.  Services provided by local governments,
 61  6 including those provided at the discretion of a local
 61  7 government and those mandated by federal or state
 61  8 statutes and regulations.
 61  9    e.  The role of property taxes in funding local
 61 10 government services, the types of services currently
 61 11 funded by property taxes, and the property tax
 61 12 financing portion of the school funding formula.
 61 13    f.  Alternative systems of property taxation,
 61 14 alternative procedures for protesting property
 61 15 assessments, and various methods of controlling
 61 16 property tax revenues and expenditures.
 61 17    In conducting its review and analysis, the
 61 18 committee shall study state and local taxes from the
 61 19 standpoint of neutrality; competitiveness; simplicity;
 61 20 stability; and equity, including maintenance of equity
 61 21 among classes of taxpayers and among taxpayers within
 61 22 the same class.
 61 23    The committee may hold public hearings to allow
 61 24 persons and organizations to be heard.
 61 25    The committee shall submit a final report to the
 61 26 general assembly no later than final adjournment of
 61 27 the 2005 regular legislative session.  The report
 61 28 shall summarize the committee's activities to date,
 61 29 analyze issues studied to date, and may include such
 61 30 other information that the committee deems relevant
 61 31 and necessary.
 61 32    3.  The committee may request from any state agency
 61 33 or official the information and assistance as needed
 61 34 to perform the review and analysis required in
 61 35 subsection 2.  A state agency or official shall
 61 36 furnish the information or assistance requested within
 61 37 the authority and resources of the state agency or
 61 38 official.  This subsection does not allow the
 61 39 examination or copying of any public record required
 61 40 by law to be kept confidential.
 61 41    Sec.    .  FUTURE REPEAL.  The section of this
 61 42 division of this Act establishing the state tax
 61 43 implementation committee is repealed effective June
 61 44 30, 2005.
 61 45    Sec.    .  2003 Iowa Acts, First Extraordinary
 61 46 Session, chapter 1, section 41, is repealed.
 61 47    Sec.    .  EFFECTIVE DATE.  This division of this
 61 48 Act, being deemed of immediate importance, takes
 61 49 effect upon enactment.  
 61 50                      DIVISION    
 62  1                      911 EMERGENCY
 62  2    Sec.    .  Section 34A.1, Code 2003, is amended to
 62  3 read as follows:
 62  4    34A.1  PURPOSE.
 62  5    The legislature general assembly finds that
 62  6 enhanced 911 emergency telephone communication systems
 62  7 and other emergency 911 notification devices further
 62  8 the public interest and protect the health, safety,
 62  9 and welfare of the people of Iowa.  The purpose of
 62 10 this chapter is to enable the orderly development,
 62 11 installation, and operation of enhanced 911 emergency
 62 12 telephone communication systems and other emergency
 62 13 911 notification devices statewide.  These systems are
 62 14 to be operated under governmental management and
 62 15 control for the public benefit.
 62 16    Sec.    .  Section 34A.2, Code 2003, is amended to
 62 17 read as follows:
 62 18    34A.2  DEFINITIONS.
 62 19    As used in this chapter, unless the context
 62 20 otherwise requires:
 62 21    1.  "Access line" means a local an exchange access
 62 22 line that has the ability to access local dial tone
 62 23 and reach a local public safety agency answering
 62 24 point.
 62 25    2.  "Administrator" means the E911 administrator
 62 26 appointed pursuant to section 34A.2A of the homeland
 62 27 security and emergency management division of the
 62 28 department of public defense.
 62 29    3.  "Competitive local exchange service provider"
 62 30 means the same as defined in section 476.96.
 62 31    4.  "Emergency 911 notification device" means a
 62 32 product capable of accessing a public safety answering
 62 33 point through the 911 system.
 62 34    3. 5.  "Enhanced 911" or "E911" means a service
 62 35 which that provides the user of a public telephone
 62 36 system communications service with the ability to
 62 37 reach a public safety answering point by dialing the
 62 38 digits 911, and which that has the following
 62 39 additional features:
 62 40    a.  Routes an incoming 911 call to the appropriate
 62 41 public safety answering point selected from the public
 62 42 safety answering points operating in a 911 service
 62 43 area.
 62 44    b.  Automatically provides voice, displays the
 62 45 name, address or location, and telephone number of an
 62 46 incoming 911 call and public safety agency servicing
 62 47 the address on a video monitor at the appropriate
 62 48 public safety answering point location.
 62 49    4. 6.  "Enhanced 911 service area" means the
 62 50 geographic area to be serviced, or currently serviced
 63  1 under an enhanced 911 service plan, provided that an
 63  2 enhanced 911 service area must at minimum encompass
 63  3 one entire county.  The enhanced 911 service area may
 63  4 encompass more than one county, and need not be
 63  5 restricted to county boundaries.
 63  6    5. 7.  "Enhanced 911 service plan" means a plan
 63  7 that includes the following information:
 63  8    a.  A description of the enhanced 911 service area.
 63  9    b.  A list of all public and private safety
 63 10 agencies within the enhanced 911 service area.
 63 11    c.  The number of public safety answering points
 63 12 within the enhanced 911 service area.
 63 13    d.  Identification of the agency responsible for
 63 14 management and supervision of the enhanced 911
 63 15 emergency telephone communication system.
 63 16    e.  A statement of estimated costs to be incurred
 63 17 by the joint E911 service board or the department of
 63 18 public safety, including separate estimates of the
 63 19 following:
 63 20    (1)  Nonrecurring costs, including, but not limited
 63 21 to, public safety answering points, network equipment,
 63 22 software, database, addressing, initial training, and
 63 23 other capital and start-up expenditures, including the
 63 24 purchase or lease of subscriber names, addresses, and
 63 25 telephone information from the local exchange service
 63 26 provider.
 63 27    (2)  Recurring costs, including, but not limited
 63 28 to, network access fees and other telephone charges,
 63 29 software, equipment, and database management, and
 63 30 maintenance, including the purchase or lease of
 63 31 subscriber names, addresses, and telephone information
 63 32 from the local exchange service provider.  Recurring
 63 33 costs shall not include personnel costs for a public
 63 34 safety answering point.
 63 35    Funds deposited in an E911 service fund shall be
 63 36 are appropriated and shall be used for the payment of
 63 37 costs which that are limited to nonrecurring and
 63 38 recurring costs directly attributable to the provision
 63 39 of 911 emergency telephone communication service and
 63 40 may include costs for portable and vehicle radios,
 63 41 communication towers and associated equipment, and
 63 42 other radios and associated equipment permanently
 63 43 located at the public safety answering point and as
 63 44 directed by either the joint E911 service board or the
 63 45 department of public safety.  Costs do not include
 63 46 expenditures for any other purpose, and specifically
 63 47 exclude costs attributable to other emergency services
 63 48 or expenditures for buildings or personnel, except for
 63 49 the costs of personnel for database management and
 63 50 personnel directly associated with addressing.
 64  1    f.  Current equipment operated by affected local
 64  2 exchange service providers, and central office
 64  3 equipment and technology upgrades necessary for the
 64  4 provider to implement enhanced 911 service within the
 64  5 enhanced 911 service area on or before July 1, 1992.
 64  6    g.  A schedule for implementation of the plan
 64  7 throughout the E911 service area.  The schedule may
 64  8 provide for phased implementation.  However, a joint
 64  9 911 service board may decide not to implement E911
 64 10 service.
 64 11    h.  The number of telephone access lines capable of
 64 12 access to 911 in the enhanced 911 service area.
 64 13    i.  The total property valuation in the enhanced
 64 14 911 service area.
 64 15    6.  "Enhanced 911 service surcharge" is a charge
 64 16 set by the E911 service area operating authority and
 64 17 assessed on each access line which physically
 64 18 terminates within the E911 service area.
 64 19    8.  "Local exchange carrier" means the same as
 64 20 defined in section 476.96.
 64 21    7. 9.  "Local exchange service provider" means a
 64 22 person vendor engaged in providing telecommunications
 64 23 service between points within an exchange and includes
 64 24 but is not limited to a competitive local exchange
 64 25 service provider and a local exchange carrier.
 64 26    10.  "Program manager" means the E911 program
 64 27 manager appointed pursuant to section 34A.2A.
 64 28    8. 11.  "Provider" means a person vendor who
 64 29 provides, or offers to provide, E911 equipment,
 64 30 installation, maintenance, or exchange access services
 64 31 within the enhanced 911 service area.
 64 32    9. 12.  "Public or private safety agency" means a
 64 33 unit of state or local government, a special purpose
 64 34 district, or a private firm which provides or has the
 64 35 authority to provide fire fighting, police, ambulance,
 64 36 or emergency medical services, or hazardous materials
 64 37 response.
 64 38    10. 13.  "Public safety answering point" means a
 64 39 twenty-four hour local jurisdiction twenty-four-hour
 64 40 public safety communications facility which that
 64 41 receives enhanced 911 service calls and directly
 64 42 dispatches emergency response services or relays calls
 64 43 to the appropriate public or private safety agency.
 64 44    14.  "Wireless E911 phase 1" means a 911 call made
 64 45 from a wireless device in which the wireless service
 64 46 provider delivers the call-back number and address of
 64 47 the tower that received the call to the appropriate
 64 48 public safety answering point.
 64 49    15.  "Wireless E911 phase 2" means a 911 call made
 64 50 from a wireless device in which the wireless service
 65  1 provider delivers the call-back number and the
 65  2 latitude and longitude coordinates of the wireless
 65  3 device to the appropriate public safety answering
 65  4 point.
 65  5    16.  "Wire-line E911 service surcharge" is a charge
 65  6 set by the E911 service area operating authority and
 65  7 assessed on each wire-line access line which
 65  8 physically terminates within the E911 service area.
 65  9    Sec.    .  Section 34A.2A, Code 2003, is amended to
 65 10 read as follows:
 65 11    34A.2A  ADMINISTRATOR PROGRAM MANAGER –
 65 12 APPOINTMENT – DUTIES.
 65 13    1.  The administrator of the division of homeland
 65 14 security and emergency management division of the
 65 15 department of public defense shall appoint an E911
 65 16 administrator program manager to administer this
 65 17 chapter.
 65 18    2.  The E911 administrator program manager shall
 65 19 act under the supervisory control of the administrator
 65 20 of the division of homeland security and emergency
 65 21 management division of the department of public
 65 22 defense, and in consultation with the E911
 65 23 communications council, and perform the duties
 65 24 specifically set forth in this chapter and as assigned
 65 25 by the administrator.
 65 26    Sec.    .  Section 34A.3, Code 2003, is amended to
 65 27 read as follows:
 65 28    34A.3  JOINT 911 E911 SERVICE BOARD – 911 SERVICE
 65 29 PLAN – IMPLEMENTATION – WAIVERS.
 65 30    1.  JOINT 911 E911 SERVICE BOARDS TO SUBMIT –
 65 31 PLANS.
 65 32    a.  The board of supervisors of each county shall
 65 33 establish maintain a joint 911 E911 service board not
 65 34 later than January 1, 1989.
 65 35    (1)  Each political subdivision of the state having
 65 36 a public safety agency serving territory within the
 65 37 county is entitled to voting membership on the joint
 65 38 911 E911 service board.  Each private safety agency
 65 39 operating within the area is entitled to nonvoting
 65 40 membership on the board.
 65 41    (2)  A township which that does not operate its own
 65 42 public safety agency, but contracts for the provision
 65 43 of public safety services, is not entitled to
 65 44 membership on the joint 911 E911 service board, but
 65 45 its contractor is entitled to membership according to
 65 46 the contractor's status as a public or private safety
 65 47 agency.
 65 48    b.  The joint 911 E911 service board shall develop
 65 49 maintain an enhanced 911 service plan encompassing at
 65 50 minimum the entire county, unless an exemption is
 66  1 granted by the administrator program manager
 66  2 permitting a smaller E911 service area.
 66  3    (1)  The administrator program manager may grant a
 66  4 discretionary exemption from the single county minimum
 66  5 service area requirement based upon an E911 a joint
 66  6 E911 service board's or other E911 service plan
 66  7 operating authority's presentation of evidence which
 66  8 supports the requested exemption if the administrator
 66  9 program manager finds that local conditions make
 66 10 adherence to the minimum standard unreasonable or
 66 11 technically infeasible, and that the purposes of this
 66 12 chapter would be furthered by granting an exemption.
 66 13 The minimum size requirement is intended to prevent
 66 14 unnecessary duplication of public safety answering
 66 15 points and minimize other administrative, personnel,
 66 16 and equipment expenses.  An E911 service area must
 66 17 encompass a geographically contiguous area.  No
 66 18 exemption shall be granted from the contiguous area
 66 19 requirement.
 66 20    (2)  The administrator program manager may order
 66 21 the inclusion of a specific territory in an adjoining
 66 22 E911 service plan area to avoid the creation by
 66 23 exclusion of a territory smaller than a single county
 66 24 not serviced by surrounding E911 service plan areas
 66 25 upon request of the joint 911 E911 service board
 66 26 representing the territory.
 66 27    c.  The E911 service plan operating authority shall
 66 28 submit proposed changes to the plan on or before
 66 29 January 1, 1994, to all of the following:
 66 30    a. (1)  The administrator program manager.
 66 31    b. (2)  Public and private safety agencies in the
 66 32 enhanced 911 service area.
 66 33    c. (3)  Providers Local exchange service providers
 66 34 affected by the enhanced 911 service plan.
 66 35    An E911 joint service board that has a state-
 66 36 approved service plan in place prior to July 1, 1993,
 66 37 is exempt from the provisions of this section.  The
 66 38 administrator shall establish, by July 1, 1994, E911
 66 39 service plans for those E911 joint service boards
 66 40 which do not have a state-approved service plan in
 66 41 place on or before January 1, 1994.
 66 42    The administrator shall prepare a summary of the
 66 43 plans submitted and present the summary to the
 66 44 legislature on or before August 1, 1994.
 66 45    2.  COMPLIANCE WAIVERS AVAILABLE IN LIMITED
 66 46 CIRCUMSTANCES.
 66 47    a.  The administrator program manager may extend,
 66 48 in whole or in part, the time period for plan
 66 49 implementation by issuing for implementation of an
 66 50 enhanced 911 service plan beyond the scheduled plan of
 67  1 implementation, by issuance of a compliance waiver.
 67  2    b.  The compliance waiver shall be based upon a
 67  3 joint 911 E911 service board's presentation of
 67  4 evidence which supports an extension if the
 67  5 administrator program manager finds that local
 67  6 conditions make implementation financially
 67  7 unreasonable or technically infeasible by the
 67  8 originally scheduled plan of implementation.
 67  9    c.  The compliance waiver shall be for a set period
 67 10 of time, and subject to review and renewal or denial
 67 11 of renewal upon its expiration.
 67 12    d.  The waiver may cover all or a portion of a 911
 67 13 service plan's enhanced 911 service area to facilitate
 67 14 phased implementation when possible.
 67 15    e.  The granting of a compliance waiver does not
 67 16 create a presumption that the identical or similar
 67 17 waiver will be extended in the future.
 67 18    f.  Consideration of compliance waivers shall be on
 67 19 a case-by-case basis.
 67 20    3.  CHAPTER 28E AGREEMENT – ALTERNATIVE TO JOINT
 67 21 911 E911 SERVICE BOARD.  A legal entity created
 67 22 pursuant to chapter 28E by a county or counties, other
 67 23 political divisions, and public or private agencies to
 67 24 jointly plan, implement, and operate a countywide, or
 67 25 larger, enhanced 911 service system may be substituted
 67 26 for the joint 911 E911 service board required under
 67 27 subsection 1.
 67 28    An alternative legal entity created pursuant to
 67 29 chapter 28E as a substitute for a joint 911 E911
 67 30 service board, as permitted by this subsection, may be
 67 31 created by either:
 67 32    a.  Agreement of the parties entitled to voting
 67 33 membership on a joint 911 E911 service board.
 67 34    b.  Agreement of the members of a joint 911 E911
 67 35 service board.
 67 36    An alternative chapter 28E entity has all of the
 67 37 powers of a joint 911 E911 service board and any
 67 38 additional powers granted by the agreement.  As used
 67 39 in this chapter, "joint 911 E911 service board"
 67 40 includes an alternative chapter 28E entity created for
 67 41 that purpose, except as specifically limited by the
 67 42 chapter 28E agreement or unless clearly provided
 67 43 otherwise in this chapter.  A chapter 28E agreement
 67 44 related to E911 service shall permit the participation
 67 45 of a private safety agency or other persons allowed to
 67 46 participate in a joint 911 E911 service board, but the
 67 47 terms, scope, and conditions of participation are
 67 48 subject to the chapter 28E agreement.
 67 49    4.  PARTICIPATION IN JOINT E911 SERVICE BOARD
 67 50 REQUIRED.  A political subdivision or state agency
 68  1 having a public safety agency within its territory or
 68  2 jurisdiction shall participate in a joint E911 service
 68  3 board and cooperate in preparing maintaining the E911
 68  4 service plan.
 68  5    Sec.    .  Section 34A.4, Code 2003, is amended to
 68  6 read as follows:
 68  7    34A.4  REQUIRED CONVERSION REQUIREMENTS OF PAY
 68  8 TELEPHONES AND OTHER TELECOMMUNICATIONS DEVICES TO
 68  9 ALLOW 911 CALLS WITHOUT DEPOSITING COINS OR OTHER
 68 10 CHARGE.
 68 11    1.  CONVERSION AND NOTICE REQUIRED.  When an
 68 12 enhanced 911 service system becomes operational or as
 68 13 soon as feasible thereafter, each provider or other
 68 14 owner or lessee of a pay station telephone to be
 68 15 operated within the enhanced 911 service area shall do
 68 16 the following:
 68 17    a.  Convert each telephone to permit a caller to
 68 18 dial 911 without first inserting a coin or paying any
 68 19 other charge.
 68 20    b.  Prominently display on each pay telephone a
 68 21 notice advising callers to dial 911 in an emergency
 68 22 and that deposit of a coin is not required.
 68 23    2.  CERTAIN PAY PHONES PROHIBITED WITHIN SERVICE
 68 24 AREA.  After commencement of enhanced 911 service in
 68 25 In an enhanced 911 service area, a person shall not
 68 26 install or offer for use within the enhanced 911
 68 27 service area a pay station telephone or other fixed
 68 28 device unless the telephone or device is capable of
 68 29 accepting making a 911 call without prior insertion of
 68 30 a coin or payment of any other charge, and unless the
 68 31 telephone or device displays notice of free 911
 68 32 service.
 68 33    Sec.    .  Section 34A.6, subsection 1, unnumbered
 68 34 paragraph 1, Code 2003, is amended to read as follows:
 68 35    Before a joint E911 service board may request
 68 36 imposition of the surcharge by the administrator
 68 37 program manager, the board shall submit the following
 68 38 question to voters, as provided in subsection 2, in
 68 39 the proposed E911 service area, and the question shall
 68 40 receive a favorable vote from a simple majority of
 68 41 persons submitting valid ballots on the following
 68 42 question within the proposed E911 service area:
 68 43    Sec.    .  Section 34A.7, unnumbered paragraph 1,
 68 44 Code 2003, is amended to read as follows:
 68 45    When an E911 service plan is implemented, the costs
 68 46 of providing E911 service within an E911 service area
 68 47 are the responsibility of the joint E911 service board
 68 48 and the member political subdivisions.  Costs in
 68 49 excess of the amount raised by imposition of the E911
 68 50 service surcharge provided for under subsection 1,
 69  1 shall be paid by the joint E911 service board from
 69  2 such revenue sources allocated among the member
 69  3 political subdivisions as determined by the joint E911
 69  4 service board.  Funding is not limited to the
 69  5 surcharge, and surcharge revenues may be supplemented
 69  6 by other permissible local and state revenue sources.
 69  7 A joint 911 E911 service board shall not commit a
 69  8 political subdivision to appropriate property tax
 69  9 revenues to fund an E911 service plan without the
 69 10 consent of the political subdivision.  A joint 911
 69 11 E911 service board may approve a 911 an E911 service
 69 12 plan, including a funding formula requiring
 69 13 appropriations by participating political
 69 14 subdivisions, subject to the approval of the funding
 69 15 formula by each political subdivision.  However, a
 69 16 political subdivision may agree in advance to
 69 17 appropriate property tax revenues or other moneys
 69 18 according to a formula or plan developed by an
 69 19 alternative chapter 28E entity.
 69 20    Sec.    .  Section 34A.7, subsections 1, 2, 3, and
 69 21 4, Code 2003, are amended to read as follows:
 69 22    1.  LOCAL WIRE-LINE E911 SERVICE SURCHARGE
 69 23 IMPOSITION.
 69 24    a.  To encourage local implementation of E911
 69 25 service, one source of funding for E911 emergency
 69 26 telephone communication systems shall come from a
 69 27 surcharge per month, per access line on each access
 69 28 line subscriber, except as provided in subsection 5,
 69 29 equal to the lowest amount of the following:
 69 30    (1)  One dollar.
 69 31    (2)  An amount less than one dollar, which would
 69 32 fully pay both recurring and nonrecurring costs of the
 69 33 E911 service system within five years from the date
 69 34 the maximum surcharge is imposed.
 69 35    (3)  The maximum monetary limitation approved by
 69 36 referendum.
 69 37    b.  The surcharge shall be imposed by order of the
 69 38 administrator program manager as follows:
 69 39    (1)  The administrator program manager shall notify
 69 40 a local exchange service provider scheduled to provide
 69 41 exchange access line service to an E911 service area,
 69 42 that implementation of an E911 service plan has been
 69 43 approved by the joint 911 E911 service board and by
 69 44 the service area referendum, and that collection of
 69 45 the surcharge is to begin within one hundred days.
 69 46    (2)  The notice shall be provided at least one
 69 47 hundred days before the surcharge must be billed for
 69 48 the first time program manager shall also provide
 69 49 notice to all affected public safety answering points.
 69 50    c.  The surcharge shall terminate at the end of
 70  1 twenty-four months, unless either, or both, of the
 70  2 following conditions is met:
 70  3    (1)  E911 service is initiated for all or a part of
 70  4 the E911 service area.
 70  5    (2)  An extension is granted by the administrator
 70  6 for good cause.
 70  7    d.  The surcharge shall terminate at the end of
 70  8 twenty-four months if the joint E911 service plan has
 70  9 not been approved by the administrator within eighteen
 70 10 months of the original notice to the provider to
 70 11 impose the surcharge, and shall not be reimposed until
 70 12 a service plan is approved by the administrator and
 70 13 the administrator gives providers notice as required
 70 14 by paragraph "a", subparagraphs (1) and (2).
 70 15    2.  SURCHARGE COLLECTED BY LOCAL EXCHANGE SERVICE
 70 16 PROVIDERS.
 70 17    a.  The surcharge shall be collected as part of the
 70 18 access line service provider's periodic billing to a
 70 19 subscriber.  In compensation for the costs of billing
 70 20 and collection, the local exchange service provider
 70 21 may retain one percent of the gross surcharges
 70 22 collected.  If the compensation is insufficient to
 70 23 fully recover a local exchange service provider's
 70 24 costs for billing and collection of the surcharge, the
 70 25 deficiency shall be included in the local exchange
 70 26 service provider's costs for ratemaking purposes to
 70 27 the extent it is reasonable and just under section
 70 28 476.6.  The surcharge shall be remitted to the E911
 70 29 service operating authority for deposit into the E911
 70 30 service fund quarterly by the local exchange service
 70 31 provider.  The total amount for multiple exchanges may
 70 32 be combined.
 70 33    b.  A local exchange service provider is not liable
 70 34 for an uncollected surcharge for which the local
 70 35 exchange service provider has billed a subscriber but
 70 36 not been paid.  The surcharge shall appear as a single
 70 37 line item on a subscriber's periodic billing entitled,
 70 38 "E911 emergency telephone service surcharge".  The
 70 39 E911 service surcharge is not subject to sales or use
 70 40 tax.
 70 41    c.  The joint E911 service board may request, not
 70 42 more than once each quarter, the following information
 70 43 from the local exchange service provider:
 70 44    (1)  The identity of the exchange from which the
 70 45 surcharge is collected.
 70 46    (2)  The number of lines to which the surcharge was
 70 47 applied for the quarter.
 70 48    (3)  The number of refusals to pay per exchange if
 70 49 applicable.
 70 50    (4)  Write-offs applied per exchange if applicable.
 71  1    (5)  The number of lines exempt per exchange.
 71  2    (6)  The amount retained by the local exchange
 71  3 service provider generated from the one percent
 71  4 administration fee.
 71  5    d.  Access line counts and surcharge remittances
 71  6 are confidential public records as provided in section
 71  7 34A.8.
 71  8    3.  MAXIMUM LIMIT PER SUBSCRIBER BILLING FOR
 71  9 SURCHARGE.  An individual subscriber shall not be
 71 10 required to pay on a single periodic billing the
 71 11 surcharge on more than one hundred access lines, or
 71 12 their equivalent, in an E911 service area.  A
 71 13 subscriber shall pay the surcharge in each E911
 71 14 service area in which the subscriber receives access
 71 15 line service.
 71 16    4.  E911 SERVICE FUND.  Each joint E911 service
 71 17 board shall establish and maintain as a separate
 71 18 account an E911 service fund.  Any funds remaining in
 71 19 the account at the end of each fiscal year shall not
 71 20 revert to the general funds of the member political
 71 21 subdivisions, except as provided in subsection 5, but
 71 22 shall remain in the E911 service fund.  Moneys in an
 71 23 E911 service fund may only be used for nonrecurring
 71 24 and recurring costs of the E911 service plan as
 71 25 approved by the administrator program manager, as
 71 26 those terms are defined by section 34A.2.
 71 27    Sec.    .  Section 34A.7, subsection 5, paragraph
 71 28 b, subparagraphs (2) and (3), Code 2003, are amended
 71 29 to read as follows:
 71 30    (2)  If money remains in the fund after fully
 71 31 paying for recurring costs incurred in the preceding
 71 32 year, the remainder may be spent to pay for
 71 33 nonrecurring costs, not to exceed actual nonrecurring
 71 34 costs as approved by the administrator program
 71 35 manager.
 71 36    (3)  If money remains in the fund after fully
 71 37 paying obligations under subparagraphs (1) and (2),
 71 38 the remainder may be accumulated in the fund as a
 71 39 carryover operating surplus.  If the surplus is
 71 40 greater than twenty-five percent of the approved
 71 41 annual operating budget for the next year, the
 71 42 administrator program manager shall reduce the
 71 43 surcharge by an amount calculated to result in a
 71 44 surplus of no more than twenty-five percent of the
 71 45 planned annual operating budget.  After nonrecurring
 71 46 costs have been paid, if the surcharge is less than
 71 47 the maximum allowed and the fund surplus is less than
 71 48 twenty-five percent of the approved annual operating
 71 49 budget, the administrator program manager shall, upon
 71 50 application of the joint E911 service board, increase
 72  1 the surcharge in an amount calculated to result in a
 72  2 surplus of twenty-five percent of the approved annual
 72  3 operating budget.  The surcharge may only be adjusted
 72  4 once in a single year, upon one hundred days' prior
 72  5 notice to the provider.
 72  6    Sec.    .  Section 34A.7A, subsection 1, Code 2003,
 72  7 is amended to read as follows:
 72  8    1.  a.  Notwithstanding section 34A.6, the
 72  9 administrator shall adopt by rule a monthly surcharge
 72 10 of up to fifty sixty-five cents to be imposed on each
 72 11 wireless communications service number provided in
 72 12 this state.  The surcharge shall be imposed uniformly
 72 13 on a statewide basis and simultaneously on all
 72 14 wireless communications service numbers as provided by
 72 15 rule of the administrator.
 72 16    b.  The administrator program manager shall provide
 72 17 no less than one hundred days' notice of the surcharge
 72 18 to be imposed to each wireless communications service
 72 19 provider.  The administrator program manager, subject
 72 20 to the fifty sixty-five cent limit in paragraph "a",
 72 21 may adjust the amount of the surcharge as necessary,
 72 22 but no more than once in any calendar year.
 72 23    c.  (1)  The surcharge shall be collected as part
 72 24 of the wireless communications service provider's
 72 25 periodic billing to a subscriber.  The surcharge shall
 72 26 appear as a single line item on a subscriber's
 72 27 periodic billing indicating that the surcharge is for
 72 28 E911 emergency telephone service.  In the case of
 72 29 prepaid wireless telephone service, this surcharge
 72 30 shall be remitted based upon the address associated
 72 31 with the point of purchase, the customer billing
 72 32 address, or the location associated with the mobile
 72 33 telephone number for each active prepaid wireless
 72 34 telephone that has a sufficient positive balance as of
 72 35 the last days of the information, if that information
 72 36 is available.  The wireless E911 service surcharge is
 72 37 not subject to sales or use tax.
 72 38    (2)  In compensation for the costs of billing and
 72 39 collection, the wireless communications service
 72 40 provider may retain one percent of the gross
 72 41 surcharges collected.
 72 42    (3)  The surcharges shall be remitted quarterly by
 72 43 the wireless communications service provider to the
 72 44 administrator program manager for deposit into the
 72 45 fund established in subsection 2.
 72 46    (4)  A wireless communications service provider is
 72 47 not liable for an uncollected surcharge for which the
 72 48 wireless communications service provider has billed a
 72 49 subscriber but which has not been paid.  The surcharge
 72 50 shall appear as a single line item on a subscriber's
 73  1 periodic billing indicating that the surcharge is for
 73  2 E911 emergency telephone service.  The E911 service
 73  3 surcharge is not subject to sales or use tax.
 73  4    Sec.    .  Section 34A.7A, subsection 2, Code 2003,
 73  5 is amended to read as follows:
 73  6    2.  Moneys collected pursuant to subsection 1 shall
 73  7 be deposited in a separate wireless E911 emergency
 73  8 communications fund within the state treasury under
 73  9 the control of the administrator program manager.
 73 10 Section 8.33 shall not apply to moneys in the fund.
 73 11 Moneys earned as income, including as interest, from
 73 12 the fund shall remain in the fund until expended as
 73 13 provided in this section.  Moneys in the fund shall be
 73 14 expended and distributed annually as follows in the
 73 15 following priority order:
 73 16    a.  An amount as appropriated by the general
 73 17 assembly to the administrator shall be allocated to
 73 18 the administrator and program manager for
 73 19 implementation, support, and maintenance of the
 73 20 functions of the administrator and program manager and
 73 21 to employ the auditor of state to perform an annual
 73 22 audit of the wireless E911 emergency communications
 73 23 fund.
 73 24    b.  The program manager shall allocate twenty-one
 73 25 percent of the total amount of surcharge generated to
 73 26 wireless carriers to recover their costs to deliver
 73 27 E911 phase 1 services.  If the allocation in this
 73 28 paragraph is insufficient to reimburse all wireless
 73 29 carriers for such carrier's eligible expenses, the
 73 30 program manager shall allocate a prorated amount to
 73 31 each wireless carrier equal to the percentage of such
 73 32 carrier's eligible expenses as compared to the total
 73 33 of all eligible expenses for all wireless carriers for
 73 34 the calendar quarter during which such expenses were
 73 35 submitted.  When prorated expenses are paid, the
 73 36 remaining unpaid expenses shall no longer be eligible
 73 37 for payment under this paragraph.
 73 38    c.  The program manager shall reimburse wire-line
 73 39 carriers on a calendar quarter basis for carriers'
 73 40 eligible expenses for transport costs between the
 73 41 selective router and the public safety answering
 73 42 points related to the delivery of wireless E911 phase
 73 43 1 services.
 73 44    b. d.  (1)  The administrator shall retain funds
 73 45 necessary to reimburse wireless carriers for their
 73 46 costs to deliver E911 services.  The administrator
 73 47 shall assure that wireless carriers recover all
 73 48 eligible costs associated with the implementation and
 73 49 operation of E911 services, including but not limited
 73 50 to hardware, software, and transport costs.  The
 74  1 administrator shall adopt rules defining eligible
 74  2 costs which are consistent with federal law,
 74  3 regulations, and any order of a federal agency program
 74  4 manager shall reimburse wire-line carriers and third-
 74  5 party E911 automatic location information database
 74  6 providers on a calendar quarterly basis for the costs
 74  7 of maintaining and upgrading the E911 components and
 74  8 functionalities beyond the input to the E911 selective
 74  9 router, including the E911 selective router and the
 74 10 automatic location information database.
 74 11    (2)  The administrator shall provide for the
 74 12 reimbursement of wireless carriers on a quarterly
 74 13 basis.  If the total amount of moneys available in the
 74 14 fund for the reimbursement of wireless carriers
 74 15 pursuant to subparagraph (1) is insufficient to
 74 16 reimburse all wireless carriers for such carriers'
 74 17 eligible expenses, the administrator shall remit an
 74 18 amount to each wireless carrier equal to the
 74 19 percentage of such carrier's eligible expenses as
 74 20 compared to the total of all eligible expenses for all
 74 21 wireless carriers for the calendar quarter during
 74 22 which such expenses were submitted.
 74 23    e.  The program manager shall apply an amount up to
 74 24 five hundred thousand dollars per calendar quarter to
 74 25 any outstanding wireless E911 phase 1 obligations
 74 26 incurred pursuant to this chapter prior to July 1,
 74 27 2004.
 74 28    f.  (1)  The program manager shall allocate an
 74 29 amount up to one hundred fifty-nine thousand dollars
 74 30 per calendar quarter equally to the joint E911 service
 74 31 boards and the department of public safety that have
 74 32 submitted an annual written request to the program
 74 33 manager in a form approved by the program manager by
 74 34 May 15 of each year.  The program manager shall
 74 35 allocate to each joint E911 service board and to the
 74 36 department of public safety a minimum of one thousand
 74 37 dollars per calendar quarter for each public safety
 74 38 answering point within the service area of the
 74 39 department of public safety or joint E911 service
 74 40 board.
 74 41    (2)  Upon retirement of outstanding obligations
 74 42 referred to in paragraph "e", the amount allocated
 74 43 under this paragraph "f" shall be twenty-four percent
 74 44 of the total amount of surcharge generated per
 74 45 calendar quarter allocated as follows:
 74 46    (a)  Sixty-five percent of the total dollars
 74 47 available for allocation shall be allocated in
 74 48 proportion to the square miles of the service area to
 74 49 the total square miles in this state.
 74 50    (b)  Thirty-five percent of the total dollars
 75  1 available for allocation shall be allocated in
 75  2 proportion to the wireless E911 calls taken at the
 75  3 public safety answering point in the service area to
 75  4 the total number of wireless E911 calls originating in
 75  5 this state.
 75  6    (c)  Notwithstanding subparagraph subdivisions (a)
 75  7 and (b), the minimum amount allocated to each joint
 75  8 E911 service board and to the department of public
 75  9 safety shall be no less than one thousand dollars for
 75 10 each public safety answering point within the service
 75 11 area of the department of public safety or joint E911
 75 12 service board.
 75 13    (3)  The funds allocated in this paragraph "f"
 75 14 shall be used for communication equipment located
 75 15 inside the public safety answering points for the
 75 16 implementation and maintenance of wireless E911 phase
 75 17 2.  The joint E911 service boards and the department
 75 18 of public safety shall provide an estimate of phase 2
 75 19 implementation costs to the program manager by January
 75 20 1, 2005.
 75 21    c.  (1)  The remainder of the surcharge collected
 75 22 shall be remitted to the administrator for
 75 23 distribution to the joint E911 service boards and the
 75 24 department of public safety pursuant to subparagraph
 75 25 (2) to be used for the implementation of enhanced
 75 26 wireless communications capabilities.
 75 27    g.  If moneys remain in the fund after fully paying
 75 28 all obligations under paragraphs "a" through "f", the
 75 29 remainder may be accumulated in the fund as a
 75 30 carryover operating surplus.  This surplus shall be
 75 31 used to fund future phase 2 network and public safety
 75 32 answering point improvements and wireless carriers'
 75 33 transport costs related to wireless E911 services, if
 75 34 those costs are not otherwise recovered by wireless
 75 35 carriers through customer billing or other sources and
 75 36 approved by the program manager.  Notwithstanding
 75 37 section 8.33, any moneys remaining in the fund at the
 75 38 end of each fiscal year shall not revert to the
 75 39 general fund of the state but shall remain available
 75 40 for the purposes of the fund.
 75 41    (2) h.  The administrator, in consultation with the
 75 42 program manager and the E911 communications council,
 75 43 shall adopt rules pursuant to chapter 17A governing
 75 44 the distribution of the surcharge collected and
 75 45 distributed pursuant to this lettered paragraph
 75 46 subsection.  The rules shall include provisions that
 75 47 all joint E911 service boards and the department of
 75 48 public safety which answer or service wireless E911
 75 49 calls are eligible to receive an equitable portion of
 75 50 the receipts.
 76  1    A joint E911 service board or the department of
 76  2 public safety, to receive funds from the wireless E911
 76  3 emergency communications fund, must submit a written
 76  4 request for such funds to the administrator in a form
 76  5 as approved by the administrator.  A request shall be
 76  6 for funding under an approved E911 service plan for
 76  7 equipment which is directly related to the reception
 76  8 and disposition of incoming wireless E911 calls.  The
 76  9 administrator may approve the distribution of funds
 76 10 pursuant to such request if the administrator finds
 76 11 that the requested funding is for equipment necessary
 76 12 for the reception and disposition of such calls and
 76 13 that sufficient funds are available for such
 76 14 distribution.
 76 15    If insufficient funds are available to fund all
 76 16 requests, the administrator shall fund requests in an
 76 17 order deemed appropriate by the administrator after
 76 18 considering factors including, but not limited to, all
 76 19 of the following:
 76 20    (a)  Documented volume of wireless E911 calls
 76 21 received by each public safety answering point.
 76 22    (b)  The population served by each public safety
 76 23 answering point.
 76 24    (c)  The number of wireless telephones in the
 76 25 public safety answering point jurisdiction.
 76 26    (d)  The public safety of the citizens of this
 76 27 state.
 76 28    (e)  Any other factor deemed appropriate by the
 76 29 administrator, in consultation with the E911
 76 30 communications council, and adopted by rule.
 76 31    (3) 2A.  a.  The administrator program manager
 76 32 shall submit an annual report by January 15 of each
 76 33 year to the legislative government oversight committee
 76 34 advising the general assembly of the status of E911
 76 35 implementation and operations, including both land-
 76 36 line wire-line and wireless services, and the
 76 37 distribution of surcharge receipts, and an accounting
 76 38 of the revenues and expenses of the E911 program.
 76 39    b.  The program manager shall submit a calendar
 76 40 quarter report of the revenues and expenses of the
 76 41 E911 program to the fiscal services division of the
 76 42 legislative services agency.
 76 43    c.  The legislative government oversight committee
 76 44 shall review the priorities of distribution of funds
 76 45 under this chapter at least every two years.
 76 46    Sec.    .  Section 34A.7A, subsection 3, Code 2003,
 76 47 is amended to read as follows:
 76 48    3.  The amount collected from a wireless service
 76 49 provider and deposited in the fund, pursuant to
 76 50 section 22.7, subsection 6, information provided by a
 77  1 wireless service provider to the administrator program
 77  2 manager consisting of trade secrets, pursuant to
 77  3 section 22.7, subsection 3, and other financial or
 77  4 commercial operations information provided by a
 77  5 wireless service provider to the administrator program
 77  6 manager, shall be kept confidential as provided under
 77  7 section 22.7.  This subsection does not prohibit the
 77  8 inclusion of information in any report providing
 77  9 aggregate amounts and information which does not
 77 10 identify numbers of accounts or customers, revenues,
 77 11 or expenses attributable to an individual wireless
 77 12 communications service provider.
 77 13    Sec.    .  Section 34A.8, subsection 2, unnumbered
 77 14 paragraph 2, Code 2003, is amended to read as follows:
 77 15    The program manager, joint E911 service board, the
 77 16 designated E911 service provider, and the public
 77 17 safety answering point, their agents, employees, and
 77 18 assigns shall use local exchange service information
 77 19 provided by the local exchange service provider solely
 77 20 for the purposes of providing E911 emergency telephone
 77 21 service, and it shall otherwise be kept confidential.
 77 22 A person who violates this section is guilty of a
 77 23 simple misdemeanor.
 77 24    Sec.    .  Section 34A.9, Code 2003, is amended to
 77 25 read as follows:
 77 26    34A.9  TELECOMMUNICATIONS DEVICES FOR THE DEAF
 77 27 SPEECH AND HEARING-IMPAIRED.
 77 28    By January 1, 1990, each county Each public safety
 77 29 answering point shall provide for the installation and
 77 30 use of at least one telecommunications device devices
 77 31 for the deaf at a public safety answering point speech
 77 32 and hearing-impaired.
 77 33    Sec.    .  NEW SECTION.  34A.10  E911 SELECTIVE
 77 34 ROUTER.
 77 35    On and after July 1, 2004, only the program manager
 77 36 shall approve access to the E911 selective router.
 77 37    Sec.    .  Section 34A.15, Code 2003, is amended by
 77 38 adding the following new subsection:
 77 39    NEW SUBSECTION.  1A.  The auditor of state or the
 77 40 auditor of state's designee shall serve as an ex
 77 41 officio nonvoting member.
 77 42    Sec.    .  Section 34A.15, subsection 2, Code 2003,
 77 43 is amended to read as follows:
 77 44    2.  The council shall advise and make
 77 45 recommendations to the administrator and program
 77 46 manager regarding the implementation of this chapter.
 77 47 Such advice and recommendations shall be provided on
 77 48 issues at the request of the administrator or program
 77 49 manager or as deemed necessary by the council.
 77 50    Sec.    .  Section 16.161, unnumbered paragraph 1,
 78  1 Code 2003, is amended to read as follows:
 78  2    The authority shall assist the administrator
 78  3 program manager, appointed pursuant to section 34A.2A,
 78  4 as provided in chapter 34A, subchapter II, and the
 78  5 authority shall have all of the powers delegated to it
 78  6 by a joint E911 service board or the department of
 78  7 public defense in a chapter 28E agreement with respect
 78  8 to the issuance and securing of bonds or notes and the
 78  9 carrying out of the purposes of chapter 34A.  
 78 10                      DIVISION ___
 78 11                  SEX OFFENDER REGISTRY
 78 12    Sec.    .  Section 22.7, Code Supplement 2003, is
 78 13 amended by adding the following new subsection:
 78 14    NEW SUBSECTION.  48.  Sex offender registry records
 78 15 under chapter 692A, except as provided in section
 78 16 692A.13.
 78 17    Sec.    .  Section 229A.8A, subsection 4, Code
 78 18 Supplement 2003, is amended to read as follows:
 78 19    4.  For purposes of registering as a sex offender
 78 20 under chapter 692A, a person placed in the
 78 21 transitional release program shall be classified a
 78 22 "high-risk" sex offender and public notification shall
 78 23 be as provided in section 692A.13A, subsection 2.  A
 78 24 committed person who refuses to register as a sex
 78 25 offender is not eligible for placement in a
 78 26 transitional release program.
 78 27    Sec.    .  Section 692A.13, Code Supplement 2003,
 78 28 is amended by striking the section and inserting in
 78 29 lieu thereof the following:
 78 30    692A.13  AVAILABILITY OF RECORDS.
 78 31    1.  The department may provide relevant information
 78 32 from the sex offender registry to the following:
 78 33    a.  A criminal or juvenile justice agency, an
 78 34 agency of the state, any sex offender registry of
 78 35 another state, or the federal government.
 78 36    b.  The general public through the sex offender
 78 37 registry's web page, except that relevant information
 78 38 about an offender who was under twenty years of age at
 78 39 the time the offender committed a violation of section
 78 40 709.4, subsection 2, paragraph "c", subparagraph (4),
 78 41 shall not be disclosed on the web page.
 78 42    c.  The single contact repository established
 78 43 pursuant to section 135C.33, in accordance with the
 78 44 rules adopted by the department.
 78 45    2.  A criminal or juvenile justice agency may
 78 46 provide relevant information from the sex offender
 78 47 registry to the following:
 78 48    a.  A criminal or juvenile justice agency, an
 78 49 agency of the state, or any sex offender registry of
 78 50 another state, or the federal government.
 79  1    b.  The general public, including public and
 79  2 private agencies, organizations, public places, public
 79  3 and private schools, child care facilities, religious
 79  4 and youth organizations, neighbors, neighborhood
 79  5 associations, community meetings, and employers.
 79  6 Registry information may be distributed to the public
 79  7 through printed materials, visual or audio press
 79  8 releases, or through a criminal or juvenile justice
 79  9 agency's web page.
 79 10    3.  Any member of the public may contact a county
 79 11 sheriff's office or police department to request
 79 12 relevant information from the registry regarding a
 79 13 specific person required to register under this
 79 14 chapter.  The request for information shall be in
 79 15 writing, and shall include the name of the person and
 79 16 at least one of the following identifiers pertaining
 79 17 to the person about whom the information is sought:
 79 18    a.  The date of birth of the person.
 79 19    b.  The social security number of the person.
 79 20    c.  The address of the person.
 79 21    4.  A county sheriff shall also provide to any
 79 22 person upon request access to a list of all
 79 23 registrants in that county.  However, records of a
 79 24 person protected under 18 U.S.C. } 3521 shall not be
 79 25 disclosed.
 79 26    5.  Relevant information provided to the general
 79 27 public may include the offender's name, address, a
 79 28 photograph, locations frequented by the offender,
 79 29 relevant criminal history information from the
 79 30 registry, and any other relevant information.
 79 31 Relevant information provided to the public shall not
 79 32 include the identity of any victim.
 79 33    6.  Notwithstanding sections 232.147 through
 79 34 232.151, records concerning convictions which are
 79 35 committed by a minor may be released in the same
 79 36 manner as records of convictions of adults.
 79 37    7.  Sex offender registry records are confidential
 79 38 records pursuant to section 22.7 and shall only be
 79 39 released as provided in this section.
 79 40    Sec.    .  Section 901.4, Code Supplement 2003, is
 79 41 amended to read as follows:
 79 42    901.4  PRESENTENCE INVESTIGATION REPORT
 79 43 CONFIDENTIAL – DISTRIBUTION.
 79 44    The presentence investigation report is
 79 45 confidential and the court shall provide safeguards to
 79 46 ensure its confidentiality, including but not limited
 79 47 to sealing the report, which may be opened only by
 79 48 further court order.  At least three days prior to the
 79 49 date set for sentencing, the court shall serve all of
 79 50 the presentence investigation report upon the
 80  1 defendant's attorney and the attorney for the state,
 80  2 and the report shall remain confidential except upon
 80  3 court order.  However, the court may conceal the
 80  4 identity of the person who provided confidential
 80  5 information.  The report of a medical examination or
 80  6 psychological or psychiatric evaluation shall be made
 80  7 available to the attorney for the state and to the
 80  8 defendant upon request.  The reports are part of the
 80  9 record but shall be sealed and opened only on order of
 80 10 the court.  If the defendant is committed to the
 80 11 custody of the Iowa department of corrections and is
 80 12 not a class "A" felon, a copy of the presentence
 80 13 investigation report shall be forwarded to the
 80 14 director with the order of commitment by the clerk of
 80 15 the district court and to the board of parole at the
 80 16 time of commitment.  Pursuant to section 904.602, the
 80 17 presentence investigation report may also be released
 80 18 by the department of corrections or a judicial
 80 19 district department of correctional services to
 80 20 another jurisdiction for the purpose of providing
 80 21 interstate probation and parole compact services or
 80 22 evaluations, or to a substance abuse or mental health
 80 23 services provider when referring a defendant for
 80 24 services.  The defendant or the defendant's attorney
 80 25 may file with the presentence investigation report, a
 80 26 denial or refutation of the allegations, or both,
 80 27 contained in the report.  The denial or refutation
 80 28 shall be included in the report.  If the person is
 80 29 sentenced for an offense which requires registration
 80 30 under chapter 692A, the court shall release the report
 80 31 to the department which is responsible under section
 80 32 692A.13A for performing the assessment of risk.
 80 33    Sec.    .  Section 692A.13A, Code 2003, is
 80 34 repealed.
 80 35    Sec.    .  APPLICABILITY OF AVAILABLE RECORDS IN
 80 36 THE SEX OFFENDER REGISTRY.  Section 692A.13, as
 80 37 amended by this division of this Act, shall apply
 80 38 retroactively to all offenders on the registry.
 80 39    Sec.    .  EFFECTIVE DATE.  This division of this
 80 40 Act, being deemed of immediate importance, takes
 80 41 effect upon enactment."
 80 42    #   .  Title page, by striking lines 1 through 3
 80 43 and inserting the following:  "An Act making,
 80 44 reducing, and transferring appropriations, providing
 80 45 for government and economic development-related
 80 46 taxation, surcharge, and fee matters, providing for
 80 47 other properly related matters, and including penalty
 80 48 and effective and retroactive and other applicability
 80 49 date provisions."" 
 80 50 SF 2298S
 81  1 mg/cc/26
     

Text: H08642                            Text: H08644
Text: H08600 - H08699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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Last update: Wed Apr 28 03:30:57 CDT 2004
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