Text: S03316 Text: S03318 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 453 as follows: 1 2 #1. Page 5, line 31, by inserting after the figure 1 3 "80B.11E" the following: "ACADEMY". 1 4 #2. Page 6, line 1, by inserting after the word 1 5 "expense" the following: "if such individual is 1 6 sponsored by a law enforcement agency that either 1 7 intends to hire or has hired the individual as a law 1 8 enforcement officer". 1 9 #3. Page 6, by inserting after line 17 the 1 10 following: 1 11 "4. An individual who has not been hired by a law 1 12 enforcement agency must be hired by a law enforcement 1 13 agency within eighteen months of completing the 1 14 appropriate coursework at the law enforcement academy 1 15 in order to obtain certification pursuant to this 1 16 section." 1 17 #4. Page 6, line 19, by striking the word 1 18 "PUBLICATION –". 1 19 #5. Page 6, by striking lines 20 through 34. 1 20 #6. By striking page 7, line 8 through page 9, 1 21 line 22 and inserting the following: 1 22 "DIVISION 1 23 INDEBTEDNESS REPORTING – COLLECTION OF TAXES 1 24 Sec. . Section 403.23, subsection 1, Code 2003, 1 25 is amended by striking the subsection and inserting in 1 26 lieu thereof the following: 1 27 1. On or before December 1 of each odd-numbered 1 28 year, each municipality that has established an urban 1 29 renewal area shall report to the department of 1 30 management and to the appropriate county auditor the 1 31 total amount of loans, advances, indebtedness, or 1 32 bonds outstanding at the close of the most recently 1 33 ended fiscal year, which qualify for payment from the 1 34 special fund created in section 403.19, including 1 35 interest negotiated on such loans, advances, 1 36 indebtedness, or bonds. For purposes of this 1 37 subsection, "indebtedness" includes written agreements 1 38 whereby the municipality agrees to suspend, abate, 1 39 exempt, rebate, refund, or reimburse property taxes, 1 40 or provide a grant for property taxes paid, with 1 41 moneys in the special fund. The amount of loans, 1 42 advances, indebtedness, or bonds shall be listed in 1 43 the aggregate for each municipality reporting. 1 44 Sec. . Section 403.23, subsections 2 and 3, 1 45 Code 2003, are amended to read as follows: 1 46 2. At the request of the legislative fiscal 1 47 bureau, the department of management shall provide the 1 48 reports and additional information to the legislative 1 49 fiscal bureau. The department of management, in 1 50 consultation with the legislative fiscal bureau, shall 2 1 determine reporting criteria and shall prepare a form 2 2 for reports filed with the department pursuant to this 2 3 section. The department shall make the form available 2 4 by electronic means. 2 5 3. If a municipality does not file theannual2 6 report with the department of management and the 2 7 county auditor by December 1 of each odd-numbered 2 8 year, the county treasurer shall withhold disbursement 2 9 of incremental taxes to the municipality until the 2 10annualreport is filed beginning immediately with the 2 11 next following disbursement of taxes. The county 2 12 auditor shall notify the county treasurer if taxes are 2 13 to be withheld. 2 14 Sec. . Section 631.1, Code 2003, is amended by 2 15 adding the following new subsection: 2 16 NEW SUBSECTION. 7. The district court sitting in 2 17 small claims has concurrent jurisdiction of an action 2 18 for the collection of taxes brought by a county 2 19 treasurer pursuant to sections 445.3 and 445.4 where 2 20 the amount in controversy is five thousand dollars or 2 21 less for actions commenced on or after July 1, 2003, 2 22 exclusive of interest and costs." 2 23 #7. By striking page 9, line 23, through page 11, 2 24 line 7, and inserting the following: 2 25 "DIVISION 2 26 MUNICIPAL AND COUNTY INFRACTIONS 2 27 Sec. . Section 331.302, subsection 15, Code 2 28 2003, is amended to read as follows: 2 29 15. A county shall not provide a civil penalty in 2 30 excess offiveseven hundred fifty dollars for the 2 31 violation of an ordinance which is classified as a 2 32 county infraction or if the infraction is a repeat 2 33 offense, a civil penalty not to exceedseven hundred2 34fiftyone thousand dollars for each repeat offense. A 2 35 county infraction is not punishable by imprisonment. 2 36 Sec. . Section 331.307, subsection 1, Code 2 37 2003, is amended to read as follows: 2 38 1. A county infraction is a civil offense 2 39 punishable by a civil penalty of not more thanfive2 40 seven hundred fifty dollars for each violation or if 2 41 the infraction is a repeat offense a civil penalty not 2 42 to exceedseven hundred fiftyone thousand dollars for 2 43 each repeat offense. 2 44 Sec. . Section 364.3, subsection 6, Code 2003, 2 45 is amended to read as follows: 2 46 6. A city shall not provide a civil penalty in 2 47 excess offiveseven hundred fifty dollars for the 2 48 violation of an ordinance which is classified as a 2 49 municipal infraction or if the infraction is a repeat 2 50 offense, a civil penalty not to exceedseven hundred3 1fiftyone thousand dollars for each repeat offense. A 3 2 municipal infraction is not punishable by 3 3 imprisonment. 3 4 Sec. . Section 364.22, subsection 1, unnumbered 3 5 paragraph 1, Code 2003, is amended to read as follows: 3 6 A municipal infraction is a civil offense 3 7 punishable by a civil penalty of not more thanfive3 8 seven hundred fifty dollars for each violation or if 3 9 the infraction is a repeat offense, a civil penalty 3 10 not to exceedseven hundred fiftyone thousand dollars 3 11 for each repeat offense. However, notwithstanding 3 12 section 364.3, a municipal infraction arising from 3 13 noncompliance with a pretreatment standard or 3 14 requirement, referred to in 40 C.F.R. } 403.8, by an 3 15 industrial user may be punishable by a civil penalty 3 16 of not more than one thousand dollars for each day a 3 17 violation exists or continues." 3 18 #8. By striking page 11, line 12 through page 12, 3 19 line 17 and inserting the following: 3 20 "1. For the fiscal year beginning July 1, 2003, 3 21 and ending June 30, 2004, the recorder shall collect a 3 22 fee of five dollars for each recorded transaction for 3 23 which a fee is paid pursuant to section 331.604 to be 3 24 used for the purposes of planning and implementing 3 25 electronic recording and electronic transactions in 3 26 each county and developing county and statewide 3 27 internet websites to provide electronic access to 3 28 records and information. 3 29 2. Beginning July 1, 2004, the recorder shall 3 30 collect a fee of one dollar for each recorded 3 31 transaction for which a fee is paid pursuant to 3 32 section 331.604 to be used for the purpose of paying 3 33 the county's ongoing costs of maintaining the systems 3 34 developed and implemented under subsection 1. 3 35 3. The county treasurer, on behalf of the 3 36 recorder, shall establish and maintain an interest- 3 37 bearing account into which all moneys collected 3 38 pursuant to subsections 1 and 2 shall be deposited. 3 39 4. The state government electronic transaction 3 40 fund is established in the office of the treasurer of 3 41 state under the control of the treasurer of state. 3 42 Moneys deposited into the fund are not subject to 3 43 section 8.33. Notwithstanding section 12C.7, interest 3 44 or earnings on moneys in the state government 3 45 electronic transaction fund shall be credited to the 3 46 fund. Moneys in the state government electronic 3 47 transaction fund are not subject to transfer, 3 48 appropriation, or reversion to any other fund, or any 3 49 other use except as provided in this subsection. The 3 50 treasurer of state shall enter into a contract with 4 1 the Iowa state association of counties affiliate 4 2 representing county recorders to develop, implement, 4 3 and maintain a statewide internet website for purposes 4 4 of providing electronic access to records and 4 5 information recorded or filed by county recorders. On 4 6 a monthly basis, the county treasurer shall pay one 4 7 dollar of each fee collected pursuant to subsection 1 4 8 to the treasurer of state for deposit into the state 4 9 government electronic transaction fund. Moneys 4 10 credited to the state government electronic 4 11 transaction fund are appropriated to the treasurer of 4 12 state to be used for contract costs. This subsection 4 13 is repealed June 30, 2004. 4 14 5. The pooled local government electronic 4 15 transaction fund is established in the office of the 4 16 treasurer of state under control of the treasurer of 4 17 state. Moneys deposited into the fund are not subject 4 18 to section 8.33. Notwithstanding section 12C.7, 4 19 interest or earnings on moneys in the pooled local 4 20 government electronic transaction fund shall be 4 21 credited to the fund. Moneys in the fund are not 4 22 subject to transfer, appropriation, or reversion to 4 23 any other fund, or any other use except as provided in 4 24 this subsection. On a quarterly basis, the county 4 25 treasurer shall pay four dollars of each fee collected 4 26 pursuant to subsection 1 and all fees collected 4 27 pursuant to subsection 2, to the treasurer of state 4 28 for deposit into the pooled local government 4 29 electronic transaction fund. Moneys credited to the 4 30 pooled local government electronic transaction fund 4 31 are appropriated to the treasurer of state to be 4 32 distributed equally to all counties and paid to the 4 33 county treasurers of each county within thirty days 4 34 after the moneys are received by the treasurer of 4 35 state. Moneys received by a county treasurer pursuant 4 36 to this subsection shall be deposited into the account 4 37 established and maintained by the county treasurer on 4 38 behalf of the county recorder under subsection 3, and 4 39 shall be used by the county recorder for the purposes 4 40 set forth in subsections 1 and 2. 4 41 6. The recorder shall make available any 4 42 information required by the county auditor or auditor 4 43 of state concerning the fees collected under this 4 44 section for the purposes of determining the amount of 4 45 fees collected and the uses for which such fees are 4 46 expended." 4 47 #9. Page 14, by inserting before line 32 the 4 48 following: 4 49 "DIVISION 4 50 STUDY OF CITY AND COUNTY REGULATION BY THE 5 1 DEPARTMENT OF NATURAL RESOURCES 5 2 Sec. . STUDY. The legislative council shall 5 3 establish a study committee for the 2003 interim to 5 4 review the department of natural resources' 5 5 enforcement and penalty policies relating to 5 6 regulation of cities and counties. The study 5 7 committee shall review options for changing the 5 8 department's approach to enforcement from reliance on 5 9 punitive measures to a collaborative approach. In 5 10 addition, the amounts of fines shall be reviewed along 5 11 with the possibility of designating a portion of a 5 12 fine to be applied against the costs of compliance 5 13 with the departmental regulation." 5 14 #10. Page 15, line 16, by striking the word 5 15 "STUDY" and inserting the following: "–STUDY". 5 16 #11. Page 15, by striking line 30 and inserting 5 17 the following: 5 18 "2. The legislative council shall authorize a 5 19 study for". 5 20 #12. Page 16, by striking lines 3 through 5 and 5 21 inserting the following: "findings and 5 22 recommendations, shall be submitted to the general 5 23 assembly for consideration during the 2004 legislative 5 24 session. The study shall be". 5 25 #13. Page 16, by striking lines 7 and 8 and 5 26 inserting the following: "one member designated by 5 27 the state board of regents, one member representing 5 28 the department of". 5 29 #14. Page 16, line 18, by inserting after the word 5 30 "representatives." the following: "A chairperson or 5 31 cochairpersons shall be designated by the legislative 5 32 council." 5 33 #15. Page 17, by inserting after line 21 the 5 34 following: 5 35 "d. A director of a charter agency may authorize 5 36 the payment of bonuses to employees of the charter 5 37 agency in a total amount not in excess of fifty 5 38 percent of the director's annual rate of pay, based 5 39 upon the director's evaluation of the employees' 5 40 performance." 5 41 #16. Page 18, by inserting after line 2 the 5 42 following: 5 43 "d. For the fiscal period beginning July 1, 2003, 5 44 and ending June 30, 2005, a charter agency is not 5 45 subject to a uniform reduction ordered by the governor 5 46 in accordance with section 8.31." 5 47 #17. Page 23, by inserting after line 2 the 5 48 following: 5 49 " . For the fiscal year beginning July 1, 2003, 5 50 and ending June 30, 2004, if the actual amount of 6 1 revenue received by a charter agency exceeds the 6 2 revenue amount budgeted for that charter agency by the 6 3 governor and the general assembly, the charter agency 6 4 may consider the excess amount to be repayment 6 5 receipts as defined in section 8.2." 6 6 #18. Page 24, by inserting after line 27 the 6 7 following: 6 8 " . A person who is a private provider of 6 9 special education services. 6 10 . An administrator of an accredited nonpublic 6 11 school." 6 12 #19. Page 27, line 9, by striking the word 6 13 "delinquency" and inserting the following: "justice". 6 14 #20. Page 27, line 12, by inserting after the word 6 15 "federal" the following: "and state". 6 16 #21. Page 27, by striking line 21. 6 17 #22. Page 27, by striking line 26 and inserting 6 18 the following: "community connections is preserved." 6 19 #23. Page 27, line 32, by striking the word 6 20 "adequate" and inserting the following: 6 21 "appropriate". 6 22 #24. Page 28, by inserting after line 2 the 6 23 following: 6 24 "d. Public safety. Communities are protected from 6 25 juvenile crime. 6 26 e. Accountability. Communities are made whole 6 27 through completion of community service activities 6 28 assigned to juvenile offenders. 6 29 f. Rehabilitation. Youth receive appropriate 6 30 services and make measurable progress toward acquiring 6 31 the skills that are essential to law-abiding, 6 32 productive citizens." 6 33 #25. Page 28, line 9, by inserting after the 6 34 figure "232" the following: "or alleged to have 6 35 committed a delinquent act and identified in a police 6 36 report or other formal complaint received by juvenile 6 37 court services". 6 38 #26. Page 28, line 11, by inserting after the 6 39 figure "232" the following: "or placed for emergency 6 40 care under section 232.20 or 232.21." 6 41 #27. Page 28, line 19, by striking the word 6 42 "agencies" and inserting the following: "child 6 43 welfare staff and the state institutions". 6 44 #28. Page 28, line 22, by inserting after the word 6 45 "possible" the following: "and directs funds to 6 46 services and other support based upon the needs of 6 47 children and families". 6 48 #29. Page 28, line 29, by inserting after the word 6 49 "quality" the following: "and to address federal 6 50 program and budget accountability expectations, with 7 1 appropriate recognition of the need to balance the 7 2 impact upon service providers". 7 3 #30. Page 28, line 31, by inserting after the word 7 4 "collection," the following: "management information 7 5 systems, training,". 7 6 #31. Page 29, line 2, by striking the word 7 7 "partnerships." and inserting the following: 7 8 "partnerships are promoted with parents, the courts, 7 9 the department, and service providers. The redesign 7 10 shall build upon successful Iowa programs such as 7 11 community partnerships for protecting children, child 7 12 welfare funding decategorization projects, and quality 7 13 service reviews." 7 14 #32. Page 29, by inserting after line 16 the 7 15 following: 7 16 "g. Implementation of evidence-based and 7 17 continuous learning practices are promoted in the 7 18 public and private sectors in order to measure and 7 19 improve outcomes." 7 20 #33. Page 30, by striking lines 12 and 13 and 7 21 inserting the following: 7 22 "a. Implementation of the redesign plan shall 7 23 begin no later than January 1, 2004." 7 24 #34. Page 32, by inserting after line 18 the 7 25 following: 7 26 "Sec. . Section 2C.9, Code 2003, is amended by 7 27 adding the following new subsection: 7 28 NEW SUBSECTION. 1A. Investigate, on complaint or 7 29 on the citizens' aide's own motion, any administrative 7 30 action of any person providing child welfare or 7 31 juvenile justice services under contract with an 7 32 agency that is subject to investigation by the 7 33 citizens' aide. The person shall be considered to be 7 34 an agency for purposes of the citizens' aide's 7 35 investigation." 7 36 #35. Page 33, by inserting after line 16 the 7 37 following: 7 38 "Sec. . MEDICAL ASSISTANCE PROGRAM REDESIGN. 7 39 1. The department of human services shall 7 40 establish a work group in cooperation with 7 41 representatives of the insurance industry to develop a 7 42 plan for the redesign of the medical assistance 7 43 program. In developing the redesign plan, the work 7 44 group shall consider all of the following: 7 45 a. Iowa's medical assistance program cannot be 7 46 sustained in a manner that provides care for 7 47 participants at the current rate of growth. 7 48 b. Iowans deserve a health care safety net that 7 49 provides health care that is timely, effective, and 7 50 responsive to individual needs. 8 1 c. Iowans would be better served, at a lower cost 8 2 to taxpayers, if persons who are at risk of becoming 8 3 medical assistance recipients due to their income, 8 4 health, and insurance status could be identified and 8 5 insured. 8 6 d. Iowa's children and families would benefit from 8 7 the use of a medical home model that links children 8 8 and families to an ongoing source of medical care that 8 9 ensures access to and appropriate utilization of 8 10 medical services including preventive services. 8 11 e. Iowa's senior population should have more 8 12 options available to address the population's health 8 13 care needs including home and community-based services 8 14 and assisted living. 8 15 2. The redesign plan shall include measures such 8 16 as providing state funding for health care spending 8 17 accounts for families in the medical assistance 8 18 program in order to provide incentives for effective 8 19 health care cost management, providing an insurance- 8 20 like benefit package for those individuals with 8 21 extensive medical needs that emphasizes flexible and 8 22 preventive care through case management, moving to an 8 23 acuity-based reimbursement system for dually eligible 8 24 seniors, and developing an evidence-based 8 25 pharmaceutical program. 8 26 3. The department shall submit a progress report 8 27 of the work group's recommendations for medical 8 28 assistance program redesign to the governor and the 8 29 general assembly by January 15, 2004." 8 30 #36. Page 34, by inserting after line 23 the 8 31 following: 8 32 "Sec. . NEW SECTION. 249A.32 PHARMACEUTICAL 8 33 SETTLEMENT ACCOUNT – MEDICAL ASSISTANCE PROGRAM. 8 34 1. A pharmaceutical settlement account is created 8 35 in the state treasury under the authority of the 8 36 department of human services. Moneys received from 8 37 settlements relating to provision of pharmaceuticals 8 38 under the medical assistance program shall be 8 39 deposited in the account. 8 40 2. Moneys in the account shall be used only as 8 41 provided in appropriations from the account to the 8 42 department for the purpose of technology upgrades 8 43 under the medical assistance program. 8 44 3. The account shall be separate from the general 8 45 fund of the state and shall not be considered part of 8 46 the general fund of the state. The moneys in the 8 47 account shall not be considered revenue of the state, 8 48 but rather shall be funds of the account. The moneys 8 49 in the account are not subject to reversion to the 8 50 general fund of the state under section 8.33 and shall 9 1 not be transferred, used, obligated, appropriated, or 9 2 otherwise encumbered, except to provide for the 9 3 purposes of this section. Notwithstanding section 9 4 12C.7, subsection 2, interest or earnings on moneys 9 5 deposited in the account shall be credited to the 9 6 account. 9 7 4. The treasurer of state shall provide a 9 8 quarterly report of account activities and balances to 9 9 the director." 9 10 #37. Page 36, line 30, by inserting after the 9 11 figure "2003." the following: "The budget for the 9 12 institutions referred to in section 218.1, subsections 9 13 7 and 8, shall include funds to access services from 9 14 the area education agency in the manner in which the 9 15 services were accessed from the area education agency 9 16 in the fiscal year beginning July 1, 2002." 9 17 #38. Page 37, by inserting after line 5 the 9 18 following: 9 19 "DIVISION 9 20 REINVENTION INVESTMENT 9 21 Sec. . DEPARTMENT OF MANAGEMENT. There is 9 22 appropriated from the general fund of the state to the 9 23 department of management for the fiscal year beginning 9 24 July 1, 2003, and ending June 30, 2004, the following 9 25 amount, or so much thereof as is necessary, to be used 9 26 for the purpose designated: 9 27 For investment in reinvention initiatives intended 9 28 to produce ongoing savings, in addition to funds 9 29 appropriated for this purpose in 2003 Iowa Acts, House 9 30 File 655, section 11, subsection 3, if enacted: 9 31 9 32 .................................................. $ 1,350,000" 9 33 #39. Title page, line 3, by inserting after the 9 34 word "fee," the following: "increasing civil 9 35 penalties,". 9 36 #40. By renumbering as necessary. 9 37 9 38 9 39 9 40 JEFF LAMBERTI 9 41 SF 453.308 80 9 42 jp/cf
Text: S03316 Text: S03318 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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