House Amendment 8657
PAG LIN
1 1 Amend House File 2792, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 1, by striking lines 12 through 14 and
1 4 inserting the following:
1 5 <FY 2006=2007...................................... $104,343,894
1 6 FY 2007=2008...................................... $139,343,894
1 7 FY 2008=2009...................................... $174,343,894>
1 8 #2. Page 1, lines 25 and 26, by striking the words
1 9 <the individual leaves the employ of the school
1 10 district> and inserting the following: <June 30,
1 11 2011, if the individual is making annual progress
1 12 toward meeting the requirements for a teacher
1 13 librarian endorsement issued by the board of
1 14 educational examiners under chapter 272. A school
1 15 district that entered into a contract with an
1 16 individual for employment as a media specialist or
1 17 librarian who holds at least a master's degree in
1 18 library and information studies shall be considered to
1 19 be in compliance with this subsection until the
1 20 individual leaves the employ of the school district.>
1 21 #3. Page 18, line 21, by striking the words <must
1 22 meet> and inserting the following: <should have>.
1 23 #4. Page 18, line 29, by striking the words
1 24 <engineers, who has> and inserting the following:
1 25 <engineers. This individual should have>.
1 26 #5. Page 20, line 24, by striking the word
1 27 <Commencing>.
1 28 #6. Page 20, by striking lines 25 and 26 and
1 29 inserting the following: <The general assembly shall
1 30 consider implementing the pay=for=performance program
1 31 statewide for the 2009=2010 school year,>.
1 32 #7. Page 24, line 8, by striking the word <three>
1 33 and inserting the following: <five>.
1 34 #8. Page 25, by striking lines 9 through 11 and
1 35 inserting the following: <January 15, 2007.>
1 36 #9. Page 25, by inserting after line 35 the
1 37 following:
1 38 <Sec. . STATE EDUCATIONAL ASSISTANCE ==
1 39 CHILDREN OF DECEASED VETERANS. There is appropriated
1 40 from the general fund of the state to the department
1 41 of veterans affairs for the fiscal year beginning July
1 42 1, 2006, and ending June 30, 2007, the following
1 43 amount, or so much thereof as is necessary, for the
1 44 purpose designated:
1 45 For educational assistance pursuant to section
1 46 35.9:
1 47 .................................................. $ 27,000
1 48 Notwithstanding section 8.33, moneys appropriated
1 49 under this section that remain unexpended at the close
1 50 of the fiscal year shall not revert to any fund but
2 1 shall remain available for the purpose designated
2 2 until the close of the succeeding fiscal year.
2 3 Sec. . Section 35.8, Code Supplement 2005, is
2 4 amended to read as follows:
2 5 35.8 WAR ORPHANS EDUCATIONAL AID ASSISTANCE FUND.
2 6 A war orphans educational aid assistance fund is
2 7 created as a separate fund in the state treasury under
2 8 the control of the department of veterans affairs.
2 9 Any money appropriated for the purpose of aiding
2 10 assisting in the education of orphaned children of
2 11 veterans, as defined in section 35.1, or the education
2 12 of a child as provided in section 35.9, subsection 2,
2 13 shall be deposited in the war orphans educational aid
2 14 assistance fund.
2 15 Sec. . Section 35.9, Code Supplement 2005, is
2 16 amended to read as follows:
2 17 35.9 EXPENDITURE BY COMMISSION.
2 18 1. a. The department of veterans affairs may
2 19 expend not more than six hundred dollars per year for
2 20 any one child who has lived in the state of Iowa for
2 21 two years preceding application for aid state
2 22 educational assistance, and who is the child of a
2 23 person who died prior to September 11, 2001, during
2 24 active federal military service while serving in the
2 25 armed forces or during active federal military service
2 26 in the Iowa national guard or other military component
2 27 of the United States, to defray the expenses of
2 28 tuition, matriculation, laboratory and similar fees,
2 29 books and supplies, board, lodging, and any other
2 30 reasonably necessary expense for the child or children
2 31 incident to attendance in this state at an educational
2 32 or training institution of college grade, or in a
2 33 business or vocational training school with standards
2 34 approved by the department of veterans affairs.
2 35 b. A child eligible to receive funds under this
2 36 section shall not receive more than three thousand
2 37 dollars under this section subsection during the
2 38 child's lifetime.
2 39 2. Upon application by a child who has lived in
2 40 the state of Iowa for two years preceding application
2 41 for state educational assistance, and who is the child
2 42 of a person who died on or after September 11, 2001,
2 43 during active federal military service while serving
2 44 in the armed forces or during active federal military
2 45 service in the Iowa national guard or other military
2 46 component of the United States, the department shall
2 47 provide state educational assistance in the amount of
2 48 five thousand five hundred dollars per year or the
2 49 amount of the child's established financial need,
2 50 whichever is less, to defray the expenses of tuition,
3 1 matriculation, laboratory and similar fees, books and
3 2 supplies, board, lodging, and any other reasonably
3 3 necessary expense for the child or children incident
3 4 to attendance in this state at a community college
3 5 established under chapter 260C or at an institution of
3 6 higher education governed by the state board of
3 7 regents. A child eligible to receive state
3 8 educational assistance under this subsection shall not
3 9 receive more than twenty=seven thousand five hundred
3 10 dollars under this subsection during the child's
3 11 lifetime. The college student aid commission may, if
3 12 requested, assist the department in administering this
3 13 subsection.
3 14 Sec. . Section 35.10, Code Supplement 2005, is
3 15 amended to read as follows:
3 16 35.10 ELIGIBILITY AND PAYMENT OF AID ASSISTANCE.
3 17 Eligibility for aid assistance shall be determined
3 18 upon application to the department of veterans
3 19 affairs, whose decision is final. The eligibility of
3 20 eligible applicants shall be certified by the
3 21 department of veterans affairs to the director of the
3 22 department of administrative services, and all amounts
3 23 that are or become due to an individual or a training
3 24 institution under this chapter shall be paid to the
3 25 individual or institution by the director of the
3 26 department of administrative services upon receipt by
3 27 the director of certification by the president or
3 28 governing board of the educational or training
3 29 institution as to accuracy of charges made, and as to
3 30 the attendance of the individual at the educational or
3 31 training institution. The department of veterans
3 32 affairs may pay over the annual sum of four hundred
3 33 dollars set forth in section 35.9 to the educational
3 34 or training institution in a lump sum, or in
3 35 installments as the circumstances warrant, upon
3 36 receiving from the institution such written
3 37 undertaking as the department may require to assure
3 38 the use of funds for the child for the authorized
3 39 purposes and for no other purpose. A person is not
3 40 eligible for the benefits of this chapter until the
3 41 person has graduated from a high school or educational
3 42 institution offering a course of training equivalent
3 43 to high school training.>
3 44 #10. Page 26, by striking lines 1 through 8.
3 45 #11. Page 27, by inserting after line 35 the
3 46 following:
3 47 <Sec. . Section 261.1, subsection 5, Code 2005,
3 48 is amended to read as follows:
3 49 5. Eight Nine additional members to be appointed
3 50 by the governor. One of the members shall be selected
4 1 to represent private colleges, private universities
4 2 and private junior colleges located in the state of
4 3 Iowa. When appointing this member, the governor shall
4 4 give careful consideration to any person or persons
4 5 nominated or recommended by any organization or
4 6 association of some or all private colleges, private
4 7 universities and private junior colleges located in
4 8 the state of Iowa. One of the members shall be
4 9 selected to represent institutions located in the
4 10 state of Iowa whose income is not exempt from taxation
4 11 under section 501(c) of the Internal Revenue Code.
4 12 One of the members shall be selected to represent
4 13 community colleges located in the state of Iowa. When
4 14 appointing this member, the governor shall give
4 15 careful consideration to any person or persons
4 16 nominated or recommended by any organization or
4 17 association of Iowa community colleges. One member
4 18 shall be enrolled as a student at a board of regents
4 19 institution, community college, or accredited private
4 20 institution. One member shall be a representative of
4 21 a lending institution located in this state. One
4 22 member shall be a representative of the Iowa student
4 23 loan liquidity corporation. The other three members,
4 24 none of whom shall be official board members or
4 25 trustees of an institution of higher learning or of an
4 26 association of institutions of higher learning, shall
4 27 be selected to represent the general public.
4 28 Sec. . Section 261.25, subsection 1A, as
4 29 enacted by 2006 Iowa Acts, House File 2527, if
4 30 enacted, is amended to read as follows:
4 31 1A. There is appropriated from the general fund of
4 32 the state to the commission for each fiscal year the
4 33 sum of five million one hundred sixty=seven thousand
4 34 three hundred fifty=eight dollars for proprietary
4 35 tuition grants for students attending for=profit
4 36 accredited private institutions located in Iowa. A
4 37 for=profit institution which, effective March 9, 2005,
4 38 purchased an accredited private institution that was
4 39 exempt from taxation under section 501(c) of the
4 40 Internal Revenue Code, shall be an eligible
4 41 institution under the tuition grant program. In the
4 42 case of a qualified student who was enrolled in such
4 43 accredited private institution that was purchased by
4 44 the for=profit institution effective March 9, 2005,
4 45 and who continues to be enrolled in the eligible
4 46 institution in succeeding years, the amount the
4 47 student qualifies for under this subsection shall be
4 48 not less than the amount the student qualified for in
4 49 the fiscal year beginning July 1, 2004. For purposes
4 50 of the tuition grant program, "for=profit accredited
5 1 private institution" means an accredited private
5 2 institution which is not exempt from taxation under
5 3 section 501(c)(3) but which otherwise meets the
5 4 requirements of section 261.9, subsection 1, paragraph
5 5 "b", and whose students were eligible to receive
5 6 tuition grants in the fiscal year beginning July 1,
5 7 2003.>
5 8 #12. Page 29, by inserting after line 8 the
5 9 following:
5 10 <Sec. . LIMITED ENGLISH PROFICIENT WEIGHTING
5 11 ADJUSTMENT. For the fiscal year beginning July 1,
5 12 2006, and ending June 30, 2007, there shall be
5 13 allocated to the department of education from the
5 14 amount appropriated pursuant to section 257.16,
5 15 subsection 1, based upon the increase from three to
5 16 four years in the availability of supplementary
5 17 weighting for instruction of limited English
5 18 proficient students pursuant to section 280.4, an
5 19 amount not to exceed three million, three hundred
5 20 thousand dollars. The funds shall be used to adjust
5 21 the weighted enrollment of a school district with
5 22 students identified as limited English proficient on a
5 23 prorated basis.>
5 24 #13. Page 30, by inserting after line 6 the
5 25 following:
5 26 <Sec. . BOARD OF EDUCATIONAL EXAMINERS ==
5 27 TEACHER LIBRARIAN REVIEW. The board of educational
5 28 examiners shall review the impact the enactment of
5 29 section 256.11, subsection 9, if enacted, on school
5 30 districts, media specialists, and librarians and shall
5 31 submit its findings and recommendations in a report to
5 32 the chairpersons and ranking members of the senate and
5 33 house of representatives standing committees on
5 34 education by January 1, 2007.>
5 35 #14. Page 31, line 29, by inserting after the word
5 36 <circumstances,> the following: <allocating funds for
5 37 a limited English proficient weighting adjustment for
5 38 the fiscal year beginning July 1, 2006, and ending
5 39 June 30, 2007,>.
5 40 #15. Page 32, by inserting after line 2 the
5 41 following:
5 42 <DIVISION
5 43 STATE AND LOCAL GOVERNMENT OPERATIONS
5 44 Sec. . Section 8A.108, Code 2005, is amended to
5 45 read as follows:
5 46 8A.108 ACCEPTANCE OF FUNDS.
5 47 1. The department may receive and accept
5 48 donations, grants, gifts, and contributions in the
5 49 form of moneys, services, materials, or otherwise,
5 50 from the United States or any of its agencies, from
6 1 this state or any of its agencies, or from any other
6 2 person, and may use or expend such moneys, services,
6 3 materials, or other contributions, or issue grants, in
6 4 carrying out the operations of the department. All
6 5 federal grants to and the federal receipts of the
6 6 department are hereby appropriated for the purpose set
6 7 forth in such federal grants or receipts. The
6 8 department shall report annually to the general
6 9 assembly on or before September 1 the donations,
6 10 grants, gifts, and contributions with a monetary value
6 11 of one thousand dollars or more that were received
6 12 during the most recently concluded fiscal year.
6 13 2. a. The department may solicit donations,
6 14 grants, gifts, and contributions in the form of
6 15 moneys, services, materials, real property, or
6 16 otherwise from any person for specific projects and
6 17 improvements on or near the capitol complex. However,
6 18 no less than twenty days prior to commencing any such
6 19 solicitation, the department shall notify the
6 20 executive council, the department of management, and
6 21 the legislative council of the project for which the
6 22 solicitation is proposed. The department is only
6 23 required to provide one notification for each project
6 24 for which a solicitation is proposed.
6 25 b. The department shall not accept any donation,
6 26 grant, gift, or contribution in any form that includes
6 27 any condition other than a condition to use the
6 28 donation, grant, gift, or contribution for the project
6 29 for which it was solicited. The department shall not
6 30 confer any benefit upon or establish any permanent
6 31 acknowledgement of the donor of the donation, grant,
6 32 gift, or contribution unless specifically authorized
6 33 by a constitutional majority of each house of the
6 34 general assembly and approved by the governor or
6 35 unless otherwise specifically authorized by law.
6 36 Sec. . Section 8A.321, Code Supplement 2005, is
6 37 amended by adding the following new subsection:
6 38 NEW SUBSECTION. 8A. With the approval of the
6 39 executive council pursuant to section 7D.29 or
6 40 pursuant to other authority granted by law, acquire
6 41 real property to be held by the department in the name
6 42 of the state as follows:
6 43 a. By purchase, lease, option, gift, grant,
6 44 bequest, devise, or otherwise.
6 45 b. By exchange of real property belonging to the
6 46 state for property belonging to another person.
6 47 Sec. . Section 68B.7, Code 2005, is amended by
6 48 adding the following new unnumbered paragraph:
6 49 NEW UNNUMBERED PARAGRAPH. Notwithstanding the
6 50 provisions of this section, a person who has served as
7 1 the workers' compensation commissioner, or any deputy
7 2 thereof, may represent a claimant in a contested case
7 3 before the division of workers' compensation at any
7 4 point subsequent to termination of such service,
7 5 regardless of whether the person charges a contingent
7 6 fee for such representation, provided such case was
7 7 not pending before the division during the person's
7 8 tenure as commissioner or deputy.
7 9 Sec. . Section 100B.13, Code Supplement 2005,
7 10 is amended to read as follows:
7 11 100B.13 VOLUNTEER FIRE FIGHTER PREPAREDNESS FUND.
7 12 1. A volunteer fire fighter preparedness fund is
7 13 created as a separate and distinct fund in the state
7 14 treasury under the control of the division of state
7 15 fire marshal of the department of public safety.
7 16 2. Revenue for the volunteer fire fighter
7 17 preparedness fund shall include, but is not limited
7 18 to, the following:
7 19 a. Moneys credited to the fund pursuant to section
7 20 422.12F.
7 21 b. Moneys credited to the fund pursuant to section
7 22 422.12G.
7 23 b. c. Moneys in the form of a devise, gift,
7 24 bequest, donation, or federal or other grant intended
7 25 to be used for the purposes of the fund.
7 26 3. Moneys in the volunteer fire fighter
7 27 preparedness fund are not subject to section 8.33.
7 28 Notwithstanding section 12C.7, subsection 2, interest
7 29 or earnings on moneys in the fund shall be credited to
7 30 the fund.
7 31 4. Moneys in the volunteer fire fighter
7 32 preparedness fund are appropriated to the division of
7 33 state fire marshal of the department of public safety
7 34 to be used annually to pay the costs of providing
7 35 volunteer fire fighter training around the state and
7 36 to pay the costs of providing volunteer fire fighting
7 37 equipment.
7 38 Sec. . Section 232.116, subsection 1, Code
7 39 2005, is amended by adding the following new
7 40 paragraph:
7 41 NEW PARAGRAPH. o. The parent has been convicted
7 42 of a felony offense that is a criminal offense against
7 43 a minor as defined in section 692A.1, the parent is
7 44 divorced from or was never married to the minor's
7 45 other parent, and the parent is serving a minimum
7 46 sentence of confinement of at least five years for
7 47 that offense.
7 48 Sec. . Section 314.28, Code 2005, is amended to
7 49 read as follows:
7 50 314.28 KEEP IOWA BEAUTIFUL FUND.
8 1 A keep Iowa beautiful fund is created in the office
8 2 of the treasurer of state. The fund is composed of
8 3 moneys appropriated or available to and obtained or
8 4 accepted by the treasurer of state for deposit in the
8 5 fund. The fund shall include moneys transferred to
8 6 the fund as provided in section 422.12A. The fund
8 7 shall also include moneys transferred to the fund as
8 8 provided in section 422.12G. All interest earned on
8 9 moneys in the fund shall be credited to and remain in
8 10 the fund. Section 8.33 does not apply to moneys in
8 11 the fund.
8 12 Moneys in the fund that are authorized by the
8 13 department for expenditure are appropriated, and shall
8 14 be used, to educate and encourage Iowans to take
8 15 greater responsibility for improving their community
8 16 environment and enhancing the beauty of the state
8 17 through litter prevention, improving waste management
8 18 and recycling efforts, and beautification projects.
8 19 The department may authorize payment of moneys from
8 20 the fund upon approval of an application from a
8 21 private or public organization. The applicant shall
8 22 submit a plan for litter prevention, improving waste
8 23 management and recycling efforts, or a beautification
8 24 project along with its application. The department
8 25 shall establish standards relating to the type of
8 26 projects available for assistance.
8 27 Sec. . NEW SECTION. 422.12G JOINT INCOME TAX
8 28 REFUND CHECKOFF FOR KEEP IOWA BEAUTIFUL FUND AND
8 29 VOLUNTEER FIRE FIGHTER PREPAREDNESS FUND.
8 30 1. A person who files an individual or a joint
8 31 income tax return with the department of revenue under
8 32 section 422.13 may designate one dollar or more to be
8 33 paid jointly to the keep Iowa beautiful fund created
8 34 in section 314.28 and to the volunteer fire fighter
8 35 preparedness fund created in section 100B.13. If the
8 36 refund due on the return or the payment remitted with
8 37 the return is insufficient to pay the additional
8 38 amount designated by the taxpayer, the amount
8 39 designated shall be reduced to the remaining amount of
8 40 refund or the remaining amount remitted with the
8 41 return. The designation of a contribution under this
8 42 section is irrevocable.
8 43 2. The director of revenue shall draft the income
8 44 tax form to allow the designation of contributions to
8 45 the keep Iowa beautiful fund and to the volunteer fire
8 46 fighter preparedness fund as one checkoff on the tax
8 47 return. The department of revenue, on or before
8 48 January 31, shall transfer one=half of the total
8 49 amount designated on the tax return forms due in the
8 50 preceding calendar year to the keep Iowa beautiful
9 1 fund and the remaining one=half to the volunteer fire
9 2 fighter preparedness fund. However, before a checkoff
9 3 pursuant to this section shall be permitted, all
9 4 liabilities on the books of the department of
9 5 administrative services and accounts identified as
9 6 owing under section 8A.504 and the political
9 7 contribution allowed under section 68A.601 shall be
9 8 satisfied.
9 9 3. The department of revenue shall adopt rules to
9 10 administer this section.
9 11 4. This section is subject to repeal under section
9 12 422.12E.
9 13 Sec. . Section 427.1, subsection 21A, Code
9 14 Supplement 2005, as amended by 2006 Iowa Acts, House
9 15 File 2797, section 84, if enacted, is amended to read
9 16 as follows:
9 17 21A. DWELLING UNIT PROPERTY OWNED BY COMMUNITY
9 18 HOUSING DEVELOPMENT ORGANIZATION. Dwelling unit
9 19 property owned and managed by a community housing
9 20 development organization, as recognized by the state
9 21 of Iowa and the federal government pursuant to
9 22 criteria for community housing development
9 23 organization designation contained in the HOME program
9 24 of the federal National Affordable Housing Act of
9 25 1990, if the organization is also a nonprofit
9 26 organization exempt from federal income tax under
9 27 section 501(c)(3) of the Internal Revenue Code and
9 28 owns and manages more than one hundred and fifty
9 29 dwelling units that are located in a city with a
9 30 population of more than one hundred ten thousand. For
9 31 the 2005 and 2006 assessment years, an application is
9 32 not required to be filed to receive the exemption.
9 33 For the 2007 and subsequent assessment years, an
9 34 application for exemption must be filed with the
9 35 assessing authority not later than February 1 of the
9 36 assessment year for which the exemption is sought.
9 37 Upon the filing and allowance of the claim, the claim
9 38 shall be allowed on the property for successive years
9 39 without further filing as long as the property
9 40 continues to qualify for the exemption.
9 41 Sec. . Section 600A.8, Code Supplement 2005, is
9 42 amended by adding the following new subsection:
9 43 NEW SUBSECTION. 10. The parent has been convicted
9 44 of a felony offense that is a criminal offense against
9 45 a minor as defined in section 692A.1, the parent is
9 46 divorced from or was never married to the minor's
9 47 other parent, and the parent is serving a minimum
9 48 sentence of confinement of at least five years for
9 49 that offense.
9 50 Sec. . Section 602.8108, subsection 8B, if
10 1 enacted by 2006 Iowa Acts, House File 2789, section 8,
10 2 is amended to read as follows:
10 3 8B. The state court administrator shall allocate
10 4 to the office of attorney general for the fiscal year
10 5 beginning July 1, 2006, and for each fiscal year
10 6 thereafter, three four hundred fifty thousand dollars
10 7 of the moneys received annually under subsection 2, to
10 8 be used for legal services for persons in poverty
10 9 grants as provided in section 13.34.
10 10 Sec. . 2006 Iowa Acts, House File 2797, section
10 11 43, subsection 1, paragraph a, if enacted, is amended
10 12 by adding the following new subparagraphs:
10 13 NEW SUBPARAGRAPH. (11) Sierra club = Iowa
10 14 chapter.
10 15 NEW SUBPARAGRAPH. (12) Izaak Walton league of
10 16 Iowa.
10 17 NEW SUBPARAGRAPH. (13) State conservation
10 18 districts.
10 19 Sec. . 2006 Iowa Acts, House File 2794, section
10 20 58, if enacted, is repealed.
10 21 Sec. . RETROACTIVE APPLICABILITY. The section
10 22 of this Act enacting section 422.12G applies
10 23 retroactively to tax years beginning on or after
10 24 January 1, 2006.>
10 25 #16. Page 32, by inserting after line 2 the
10 26 following:
10 27 <DIVISION
10 28 MISCELLANEOUS PROVISIONS
10 29 Sec. . Section 8F.2, subsection 8, paragraph b,
10 30 subparagraph (3), if enacted by 2006 Iowa Acts, Senate
10 31 File 2410, is amended to read as follows:
10 32 (3) A contract for services provided for the
10 33 operation, construction, or maintenance of a public or
10 34 city utility, combined public or city utility, or a
10 35 city enterprise as defined by section 384.24.>
10 36 #17. Title page, line 1, by striking the word
10 37 <education> and inserting the following: <government
10 38 operations and>.
10 39 #18. Title page, line 3, by inserting after the
10 40 word <management,> the following: <the department of
10 41 veterans affairs,>.
10 42 #19. By renumbering, relettering, or redesignating
10 43 and correcting internal references as necessary.
10 44 HF 2792.S
10 45 kh/cc/26
-1-