Legislation With Immediate Effective Dates and Retroactive Applicability Provisions

76th Iowa General Assembly, 1996 Session

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Published by the Iowa General Assembly - Legislative Service Bureau

Note: This document describes only those portions of legislation which are effective before July 1, 1996 or retroactively applicable to a date before July 1, 1996.

RETROACTIVE APPLICABILITY PROVISIONS

RETROACTIVE TO 1/1/92:

TAXATION -- FEDERAL TAX APPLICATION
Updates the references to the Internal Revenue Service Code to make the federal income tax changes enacted by Congress after April 15, 1995, applicable for Iowa income tax purposes and relates to allowable tax benefits for tax years on or after 1/1/92.

RETROACTIVE TO 7/1/92:

STATE GOVERNMENT -- PUBLIC RETIREMENT SYSTEM
Requires the Department of Public Safety to pay to the Department of Personnel the employer share of the cost of additional benefits provided to a fire prevention inspector peace officer.

RETROACTIVE TO 1/1/95:

TAXATION -- FEDERAL TAX APPLICATION
Updates the references to the Internal Revenue Service Code to make the federal income tax changes enacted by Congress after April 15, 1995, applicable for Iowa income tax purposes and relates to allowable tax benefits for tax years on or after 1/1/92.
TAXATION -- INDUSTRIAL MACHINERY, COMPUTERS AND EQUIPMENT
Repeals the tax on industrial machinery, computers, and equipment located in an urban renewal area.

RETROACTIVE TO 5/24/95:

MISCELLANEOUS -- NONSUBSTANTIVE CORRECTIONS
Corrects a reference to a section number in the 1995 Act relating to underground storage tanks.

RETROACTIVE TO 1/1/96:

TAXATION -- PUBLIC SCHOOL TUITION AND TEXTBOOKS
Eliminates the income tax deduction for amounts paid for tuition and textbooks for nonpublic schools for taxpayers who itemize deductions. Increases the rate for the nonpublic school tuition and textbook credit from 5 to 10 percent and makes the credit available to all taxpayers regardless of net income.
TAXATION -- ADMINISTRATION, FILING, AND MISCELLANEOUS PROVISIONS
Relates to the administration of taxes, the electronic filing of tax returns and payments, the imposition of the penalty for willfully filing a false claim for a refund; the low income, elderly, and disabled property tax credit, and mobile home tax credit, filing and certification dates; and the date for payments to counties for costs of special assessment credits.

RETROACTIVE TO 5/22/95:

MISCELLANEOUS -- LOCAL OPTION SALES TAX
Corrects the retroactive applicability provision of the local option sales tax bill enacted in 1995 and the applicability of workers' compensation for voluntary emergency rescue technicians.

RETROACTIVE TO 7/1/95:

APPROPRIATIONS -- TRANSPORTATION, INFRASTRUCTURE AND CAPITALS
Not yet acted upon by the Governor as of 5/17/96. Provides supplemental appropriations for the 1995-96 fiscal year for renovation and repair of the soldiers and sailors monument and for planning and construction of a World War II veteran's memorial. Provides for excess gambling revenues to be deposited in the rebuild Iowa infrastructure fund and applies retroactively to July 1, 1995, for revenues collected in fiscal year 1995-96. Provides for nonreversion of moneys previously appropriated for the addition and renovation of the Fairfield armory and for use in the soydiesel demonstration project. Permits the administrative revocation of driver's licenses for certain drug-related convictions.
BUSINESS, BANKING & INSURANCE -- PURCHASE MONEY MORTGAGES
Provides that where more than one purchase money mortgage against a purchaser exists, the first to be recorded has priority, and includes other provisions regarding purchase money mortgages.
COURTS, CIVIL LAW & PROCEDURE -- PUBLIC DEFENDERS
Reenacts Code provisions concerning indigent defendants and public defenders to reflect the language in the Code prior to July 1, 1995. 1991 Iowa Acts, chapter 268 repealed this language on July 1, 1995.
MISCELLANEOUS -- LOCAL OPTION SALES TAX
Corrects the retroactive applicability provision of the local option sales tax bill enacted in 1995 and the applicability of workers' compensation for voluntary emergency rescue technicians.

RETROACTIVE TO 1/1/96:

TRANSPORTATION -- MOTOR FUEL TAX
Includes corrective changes to the motor fuel tax law that was enacted in 1995.

1996 IMMEDIATE EFFECTIVE DATES

2/8/96:

HUMAN SERVICES -- MENTAL HEALTH AND DEVELOPMENTAL DISABILITY FUNDING
Provides for state and county mental health and developmental disability funding for the 1996-97 fiscal year, including certification of county budgets and levies.

2/12/96:

COURTS, CIVIL LAW & PROCEDURE -- SUPREME COURT COMMISSION
Appropriates $50,000 to the Judicial Department for the 1995-96 fiscal year to be used by the Supreme Court's Commission formed to provide long-range and strategic planning for the courts. Moneys remain available to the Department for use on this project during the 1996-97 fiscal year.

3/1/96:

AGRICULTURE -- GYPSY MOTHS
Eliminates the requirement that the Department of Agriculture and Land Stewardship and the Office of the Attorney General cooperate in bringing legal action against parties liable for damages caused by the shipment of trees or other plants infested with gypsy moths from the state of Michigan.
TRANSPORTATION -- BORDER CITY VEHICLE OPERATIONS
Provides an exemption from existing length and weight limitations for vehicles using Interstate 29 between Sioux City, Iowa and the border between Iowa and South Dakota, and vehicles using Interstate Route 129 between Sioux City and the border between Iowa and Nebraska.

3/4/96:

AGRICULTURE -- IMPLEMENTS OF HUSBANDRY
Includes within the definition of "implement of husbandry" machinery towed by a motor vehicle or farm tractor.

3/22/96:

HUMAN SERVICES -- PROSPECTIVE MINOR PARENTS PROGRAM ADVISORY COMMITTEE
Creates a prospective minor parents program advisory committee to establish criteria for development of a video addressing the options available to a pregnant minor, and to provide ongoing evaluation of the prospective minor parents decision-making program.

3/29/96:

TRANSPORTATION -- MOTORCYCLE RIDER EDUCATION CLASS
Continues the current statutory requirement that only individuals under the age of 18 must complete a motorcycle rider education class prior to being issued a motorcycle license and eliminates the requirement that all persons complete motorcycle rider education classes. Transfers the responsibility for approving and establishing the motorcycle rider education class and the motorized bicycle education class from the Department of Education to the Department of Transportation.

4/1/96:

BUSINESS, BANKING & INSURANCE -- MULTIPLE EMPLOYER WELFARE ARRANGEMENTS
Extends the repeal date of the exemption of certain multiple employer welfare arrangements from regulation by the insurance division.

4/2/96:

COURTS, CIVIL LAW & PROCEDURE -- PUBLIC DEFENDERS
Reenacts Code provisions concerning indigent defendants and public defenders to reflect the language in the Code prior to July 1, 1995. 1991 Iowa Acts, chapter 268 repealed this language on July 1, 1995.
MISCELLANEOUS -- NONSUBSTANTIVE CORRECTIONS
Corrects a reference to a section number in the 1995 Act relating to underground storage tanks.

4/4/96:

BUSINESS, BANKING & INSURANCE -- LINKED INVESTMENT PROGRAM
Provides eligibility requirements for participation in the use of loans from, and the renewal of certificates of deposit under, the linked investment program
TAXATION -- INDUSTRIAL MACHINERY, COMPUTERS AND EQUIPMENT
Repeals the tax on industrial machinery, computers, and equipment located in an urban renewal area.
TRANSPORTATION -- MOTOR CARRIER SAFETY REGULATIONS
Extends an exemption from federal motor carrier safety regulations for drivers of commercial vehicles engaged in intrastate commerce who are medically unqualified, if the driver's physical or medical condition existed prior to July 29, 1996.

4/8/96:

COURTS, CIVIL LAW & PROCEDURE -- DISTRICT ASSOCIATE JUDGES
Provides that a county shall not lose a district associate judgeship solely because of a reduction in the county's population.
HUMAN SERVICES -- PREVENTION OF DISABILITIES
Extends the repeal date from June 30, 1996, to June 30, 2000, of the Prevention of Disabilities Policy Council chapter of the Code.
NATURAL RESOURCES AND OUTDOOR RECREATION -- UNGULATE HUNTING PRESERVES
Authorizes the owner of a hunting preserve with nonnative pen-reared ungulates to establish the hunting season for those ungulates.
TRANSPORTATION -- MOTOR FUEL TAX
Includes corrective changes to the motor fuel tax law that was enacted in 1995.

4/15/96:

TRANSPORTATION -- COMMERCIAL VEHICLE CERTIFICATION
Provides that a vehicle or combination of vehicles transporting materials to or from a construction project or commercial plant site must comply with the maximum gross weight formula which is used for travel on highways that are part of the interstate system if the route is approved by a state or local government authority.

4/16/96:

HUMAN SERVICES -- PUBLIC ASSISTANCE
Directs the Department of Human Services to submit a waiver request to the federal government to implement a policy change in the family investment program (FIP) and the job opportunities and basic skills (JOBS) program.
LOCAL GOVERNMENT -- BLOCK GRANTS
Provides requirements for the development of a block grant plan by a state agency required to administer a new or revised federal block grant program affecting local governments.
NATURAL RESOURCES AND OUTDOOR RECREATION -- BIG CREEK MOTORBOAT OPERATIONS
Provides that a motorboat equipped with any power unit mounted or carried aboard the vessel may be operated at a no-wake speed on Big Creek Lake for the period from May 24, 1996 through September 2, 1996.

4/17/96:

LABOR AND EMPLOYMENT -- DISCLOSURE OF INFORMATION BY STATE EMPLOYEES
Provides that an employee of the state shall not be required to inform an individual who serves in a supervisory capacity within the executive branch of state government that the employee has disclosed information otherwise permitted by section 70A.28 to the General Assembly, a public official, or law enforcement agency.

4/18/96:

BUSINESS, BANKING & INSURANCE -- PURCHASE MONEY MORTGAGES
Provides that where more than one purchase money mortgage against a purchaser exists, the first to be recorded has priority, and includes other provisions regarding purchase money mortgages.
LOCAL GOVERNMENT -- CENSUS RESULTS
Concerns a city or county which undertook a special census in 1995 for the purposes of determining the allocation of population-based road use tax funds or personal property tax replacement funds and which was prevented from filing the special census results with the secretary of state by December 31, 1995, due to a federal government shutdown. Census results are considered timely filed if the results are filed with the secretary of state within 30 days of the effective date of this Act.

4/23/96:

LABOR AND EMPLOYMENT -- BOILERS
Exempts the labor commissioner from the requirement that a publication containing standards, adopted by reference in the process of adopting rules concerning boilers and unfired steam pressure vessels, be deposited in the state law library, if certain conditions are met.

4/24/96:

TAXATION -- ADMINISTRATION, FILING, AND MISCELLANEOUS PROVISIONS
Relates to the administration of taxes, the electronic filing of tax returns and payments, the imposition of the penalty for willfully filing a false claim for a refund; the low income, elderly, and disabled property tax credit, and mobile home tax credit, filing and certification dates; and the date for payments to counties for costs of special assessment credits.

4/30/96:

CHILDREN & YOUTH -- CHILD PROTECTION SYSTEM
Makes changes to the child protection system involving the child abuse assessment pilot projects administered by the Department of Human Services, the child abuse registry, and a child protection system review.

5/2/96:

HUMAN SERVICES -- MENTAL HEALTH AND RETARDATION
Provides for county payments for the nonfederal share of certain Medical Assistance (Medicaid) services, the transition process for individuals being served in an intermediate care facility for the mentally retarded, and services funded under a Medical Assistance waiver for home and community-based services.

5/10/96:

APPROPRIATIONS -- IOWA COMMUNICATIONS NETWORK
Authorizes the Iowa Telecommunications and Technology Commission to begin negotiations for ordering necessary equipment prior to the availability of funding. Authorizes the state of Iowa to construct and own the Iowa Communications Network connection to Lewis Central high school..

5/16/96:

TRANSPORTATION -- HIGHWAY SPEED LIMIT
Allows the Department of Transportation to increase the speed limit upon certain divided, multi-laned highways to 65 miles per hour and provides for a report of safety in construction zones.

5/20/96:

ENERGY & PUBLIC UTILITIES -- ENERGY EFFICIENCY AND ALTERNATE ENERGY PRODUCTION
Requires each rate-regulated gas and electric utility operating within the state to maintain a principal office for Iowa operations within the state. Creates an alternate energy revolving loan program to provide loans to encourage the development of alternate energy production facilities and small hydro facilities within the state.

5/29/96:

APPROPRIATIONS -- AGRICULTURE AND NATURAL RESOURCES
Provides for non-reversion of a 1995-96 fiscal year appropriation to Iowa State University to support multiflora rose eradication research and projects. Provides for non-reversion of 1995-96 fiscal year moneys to support administration of an Iowa grain quality initiative.
APPROPRIATIONS -- HUMAN SERVICES, DISABILITIES, AND HEALTH CARE
Requires the Medical Assistance (Medicaid) mental health managed care contract to use performance standards in the current and future contracts, and provides for expenditure of federal funds for child and family services received on the basis of spending state funds in a previous fiscal year. The Department of Human Services's plan for accomplishing appropriation reductions required by the Act is to be submitted to various entities in June, 1996. Section 6, subsection 13, providing for nonreversion of a 1995-1996 fiscal year supplemental appropriation for child day care, was line item vetoed by the Governor.
APPROPRIATIONS -- JUSTICE
Provides appropriations to the Department of Justice for enforcement of the Iowa competition law and for civil consumer fraud education enforcement. Encumbers moneys appropriated in 1995 Iowa Acts to the Department of Corrections. These moneys shall not revert to the general fund of the state at the end of the 1995-96 fiscal year and shall be utilized to fund up to an additional 50 full-time equivalent positions for the employment of correctional officers in correctional institutions and to purchase surveillance and safety equipment for correctional institution use. Authorizes construction of a 750-bed medium security correctional facility for men. Increases the amount of fines, fees, and other court costs to be deposited into the Iowa prison infrastructure fund which is used to pay prison infrastructure revenue bonds.

5/30/96:

APPROPRIATIONS -- SECOND INJURY FUND
Authorizes the Treasurer of State to assess a surcharge on the payor of workers' compensation weekly benefits.
APPROPRIATIONS -- SUPPLEMENTAL
Provides supplemental appropriations for the 1995-96 fiscal year. Sections 3, 10, and 11 were line item vetoed by the Governor.
APPROPRIATIONS -- STANDING APPROPRIATIONS
Provides for the nonreversion of an appropriation for state child care assistance, funding in settlement of claims filed by designated individuals against the state of Iowa, appropriation of excess lottery revenues from the 1995-96 fiscal year (for various purposes), transfer of 1996-97 lottery proceeds to the General Fund of the State in lieu of transfer to the CLEAN fund, expenditures incurred in establishing the prospective minor parents decision-making assistance program, implementation of voluntary benefit programs in connection with the statewide fire and police retirement system, relocation and transition expenses associated with the renovation of the Lucas state office building and the Old Historical Building in the state office complex in Des Moines, court-appointed attorney fees for indigent adults and juveniles, replacement of federal social services block grant funding and local costs and services for persons with mental illness or mental retardation or other developmental disabilities, an authorization to the Department of Human Services of not more than $2,200,000 of unexpended or unobligated funds at the close of the 1995-96 fiscal year for the adolescent tracking and monitoring program and for computer hardware upgrading, and utilization of special prisoner of war registration plates by a surviving spouse, and authorization of a supplemental property tax levy for the costs of inpatient or outpatient substance abuse admission, commitment, transportation, care and treatment at the alcoholic treatment center at Oakdale, Iowa or a state mental health institute or community-based public or private facility or service. Appropriations in section 14 of excess lottery revenue for the 1995-96 fiscal year for purposes other than funds to the department of education for the local arts comprehensive educational strategies program, section 17 dealing with limitations on the amount of month to month lottery revenue carryover, and section 41 dealing with state hygenic laboratory testing, were line item vetoed by the Governor.
APPROPRIATIONS -- TRANSPORTATION, INFRASTRUCTURE AND CAPITALS
Provides supplemental appropriations for the 1995-96 fiscal year for renovation and repair of the soldiers and sailors monument and for planning and construction of a World War II veteran's memorial. Provides for excess gambling revenues to be deposited in the rebuild Iowa infrastructure fund and applies retroactively to July 1, 1995, for revenues collected in fiscal year 1995-96. Provides for nonreversion of moneys previously appropriated for the addition and renovation of the Fairfield armory and for use in the soydiesel demonstration project. Permits the administrative revocation of driver's licenses for certain drug-related convictions.

CONDITIONAL EFFECTIVE DATE

ENVIRONMENTAL PROTECTION -- LEAD ABATEMENT
Requires the Iowa Department of Public Health to establish a permanent training and certification program for lead inspectors and persons who perform lead abatement for monetary compensation and is conditionally effective upon the Department obtaining certification from the United States Environmental Protection Agency as an accredited program to train and certify lead inspectors and abaters. A temporary program for voluntary certification may be established prior to this time.
HUMAN SERVICES -- NURSING FACILITIES
Provides for the adoption of rules regarding the licensure of nursing facilities and is conditionally effective upon passage of federal legislation providing for acceptance of the joint commission on accreditation of health care organizations inspections of nursing facilities.