House Amendment 2139 PAG LIN 1 1 Amend Senate File 601, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 3, line 11, by striking the figure 1 4 <157,868,964> and inserting the following: 1 5 <131,868,964>. 1 6 #2. Page 3, line 24, by striking the figure 1 7 <2,000,000> and inserting the following: 1 8 <28,000,000>. 1 9 #3. Page 4, by striking line 1 the inserting the 1 10 following: 1 11 <.................................................. $ 99,254,781> 1 12 #4. Page 4, by striking line 10 and inserting the 1 13 following: 1 14 <.................................................. $ 23,204,000> 1 15 #5. Page 5, by inserting after line 5 the 1 16 following: 1 17 <Sec. . UNDERGROUND STORAGE TANK FUND. 1 18 Notwithstanding section 455G.3, subsection 1, there is 1 19 transferred from the Iowa comprehensive petroleum 1 20 underground storage tank fund created in section 1 21 455G.3, subsection 1, to the general fund of the state 1 22 during the fiscal year beginning July 1, 2007, and 1 23 ending June 30, 2008, the following amount: 1 24 .................................................. $ 3,000,000> 1 25 #6. By striking page 6, line 23, through page 7, 1 26 line 10, and inserting the following: 1 27 <a. Chief justice of the supreme court: 1 28 .................................................. $ 153,109 1 29 b. Each justice of the supreme court: 1 30 .................................................. $ 146,890 1 31 c. Chief judge of the court of appeals: 1 32 .................................................. $ 141,731 1 33 d. Each associate judge of the court of appeals: 1 34 .................................................. $ 136,739 1 35 e. Each chief judge of a judicial district: 1 36 .................................................. $ 133,619 1 37 f. Each district judge except the chief judge of a 1 38 judicial district: 1 39 .................................................. $ 128,544 1 40 g. Each district associate judge: 1 41 .................................................. $ 113,214 1 42 h. Each associate juvenile judge: 1 43 .................................................. $ 113,214 1 44 i. Each associate probate judge: 1 45 .................................................. $ 113,214 1 46 j. Each judicial magistrate: 1 47 .................................................. $ 34,882 1 48 k. Each senior judge: 1 49 .................................................. $ 7,238> 1 50 #7. Page 10, line 31, by striking the figure 2 1 <108,598,094> and inserting the following: 2 2 <106,848,094>. 2 3 #8. Page 12, line 10, by striking the figure 2 4 <8,171,248> and inserting the following: <6,771,248>. 2 5 #9. Page 15, line 27, by striking the figure 2 6 <750,000> and inserting the following: <400,000>. 2 7 #10. Page 16, by striking lines 15 through 23. 2 8 #11. Page 19, by striking lines 4 through 12. 2 9 #12. Page 21, line 1, by striking the figure 2 10 <75,000> and inserting the following: <50,000>. 2 11 #13. Page 21, by striking lines 21 through 31. 2 12 #14. Page 22, line 10, by striking the figure 2 13 <2,000,000> and inserting the following: <500,000>. 2 14 #15. Page 23, line 9, by striking the figure 2 15 <500,000> and inserting the following: <200,000>. 2 16 #16. By striking page 25, line 29, through page 2 17 26, line 2. 2 18 #17. By striking page 26, line 35, through page 2 19 27, line 13. 2 20 #18. Page 27, by inserting after line 25 the 2 21 following: 2 22 <Sec. . 2007 Iowa Acts, House File 874, section 2 23 7, subsection 4, paragraph a, if enacted, is amended 2 24 to read as follows: 2 25 a. For salaries, support, maintenance, and 2 26 miscellaneous purposes, and for not more than the 2 27 following full=time equivalent positions: 2 28 .................................................. $ 4,655,809 2 29 ............................................... FTEs100.502 30 101.00 2 31 Sec. . OFFICE OF ENERGY INDEPENDENCE. If 2007 2 32 Iowa Acts, House File 927, is enacted and provides for 2 33 an appropriation from the general fund of the state to 2 34 the office of energy independence for the fiscal year 2 35 beginning July 1, 2006, and ending June 30, 2007, 2 36 allocations from that appropriation for administrative 2 37 costs shall be for not more than the following 2 38 full=time equivalent positions: 2 39 ............................................... FTEs 4.00> 2 40 #19. By striking page 30, line 21, through page 2 41 31, line 17. 2 42 #20. Page 33, by inserting after line 6 the 2 43 following: 2 44 <Sec. . Section 469.10, subsection 2, if 2 45 enacted by 2007 Iowa Acts, House File 927, is amended 2 46 to read as follows: 2 47 2. Of the moneys appropriated to the office and 2 48 deposited in the fund, the office shall utilize up to 2 49 one and five=tenths percent of the amount appropriated 2 50 from the fund for a fiscal year for administrative 3 1 costs. From the funds available for administrative 3 2 costs, the office shall not employ more than four 3 3 full=time equivalent positions.> 3 4 #21. Page 35, by inserting after line 11 the 3 5 following: 3 6 <DIVISION 3 7 APPROPRIATION ADJUSTMENTS 3 8 Sec. . VETERANS HOME OWNERSHIP ASSISTANCE 3 9 PROGRAM. 3 10 1. There is appropriated from the rebuild Iowa 3 11 infrastructure fund to the department of veterans 3 12 affairs for the fiscal year beginning July 1, 2007, 3 13 and ending June 30, 2008, the following amount, or so 3 14 much thereof as is necessary, to be used for the 3 15 purpose designated: 3 16 For transfer to the Iowa finance authority to be 3 17 used for continuation of the home ownership assistance 3 18 program for persons who are or were eligible members 3 19 of the armed forces of the United States, in 3 20 accordance with section 35A.15, as enacted by 2007 3 21 Iowa Acts, Senate File 407, notwithstanding section 3 22 8.57, subsection 6, paragraph "c": 3 23 .................................................. $ 1,000,000 3 24 2. Of the funds transferred pursuant to this 3 25 section, the Iowa finance authority may retain not 3 26 more than $20,000 for administrative purposes. 3 27 3. Of the amount transferred to the Iowa finance 3 28 authority pursuant to this section, not more than 3 29 $50,000 shall be transferred to the department of 3 30 public defense to be used for the enduring families 3 31 program. 3 32 4. Notwithstanding section 8.33, moneys 3 33 appropriated or transferred in this section that 3 34 remain unencumbered or unobligated at the close of the 3 35 fiscal year shall not revert but shall remain 3 36 available for expenditure for the purposes designated 3 37 until the close of the succeeding fiscal year. 3 38 Sec. . 2007 Iowa Acts, Senate File 562, section 3 39 3, subsection 3, paragraphs a and d, if enacted, are 3 40 amended to read as follows: 3 41 a. Community development programs 3 42 For salaries, support, maintenance, miscellaneous 3 43 purposes, community economic development programs, 3 44 tourism operations, community assistance, the 3 45 mainstreet and rural mainstreet programs, the 3 46 school=to=career program, the community development 3 47 block grant, and housing and shelter=related programs 3 48 and for not more than the following full=time 3 49 equivalent positions: 3 50 .................................................. $6,422,6544 1 6,322,654 4 2 ............................................... FTEs 58.26 4 3 d. From the moneys appropriated in this 4 4 subsection, the department shall use at least 4 5$1,046,000$946,000 for purposes of the mainstreet and 4 6 rural mainstreet programs. 4 7 Sec. . 2007 Iowa Acts, Senate File 562, section 4 8 3, subsection 4, unnumbered paragraph 1, if enacted, 4 9 is amended to read as follows: 4 10 For allocating moneys for the world food prize: 4 11 .................................................. $650,0004 12 450,000 4 13 Sec. . 2007 Iowa Acts, Senate File 562, section 4 14 14, subsections 1 and 3, if enacted, are amended to 4 15 read as follows: 4 16 1. There is appropriated from the general fund of 4 17 the state to the university of northern Iowa for the 4 18 fiscal year beginning July 1, 2007, and ending June 4 19 30, 2008, the following amount, or so much thereof as 4 20 is necessary, to be used for the metal casting 4 21 institute, for the myentrenet internet application, 4 22 and for the institute of decision making, including 4 23 salaries, support, maintenance, miscellaneous 4 24 purposes, and for not more than the following 4 25 full=time equivalent positions: 4 26 .................................................. $661,2914 27 561,291 4 28 ............................................... FTEs 6.75 4 29 3. From the moneys appropriated in this section, 4 30 the university of northern Iowa shall use at least 4 31$300,000$200,000 for purposes of expanding the 4 32 service area of the myentrenet internet application. 4 33 Sec. . 2007 Iowa Acts, Senate File 575, section 4 34 4, subsection 1, paragraph b, unnumbered paragraph 1, 4 35 if enacted, is amended to read as follows: 4 36 For educational programs for inmates at state penal 4 37 institutions: 4 38 .................................................. $2,070,3584 39 1,570,350 4 40 Sec. . 2007 Iowa Acts, Senate File 575, section 4 41 5, subsection 1, paragraph f, unnumbered paragraph 1, 4 42 if enacted, is amended to read as follows: 4 43 For the sixth judicial district department of 4 44 correctional services: 4 45 .................................................. $12,203,0094 46 12,003,009 4 47 Sec. . 2007 Iowa Acts, House File 874, section 4 48 19, subsection 1, if enacted, is amended to read as 4 49 follows: 4 50 1. ADMINISTRATION AND ELECTIONS 5 1 For salaries, support, maintenance, and 5 2 miscellaneous purposes, and for not more than the 5 3 following full=time equivalent positions: 5 4 .................................................. $1,431,0155 5 1,331,015 5 6 ............................................... FTEs 17.00 5 7 The state department or state agency which provides 5 8 data processing services to support voter registration 5 9 file maintenance and storage shall provide those 5 10 services without charge.> 5 11 #22. By striking page 35, line 26, through page 5 12 36, line 20, and inserting the following: 5 13 <NEW SUBSECTION. 21. a. The director may 5 14 authorize the procurement of goods and services in 5 15 which a contractual limitation of vendor liability is 5 16 provided for and set forth in the documents initiating 5 17 the procurement. The director, in consultation with 5 18 the department of management, shall adopt rules 5 19 setting forth the circumstances in which such 5 20 procurement will be permitted and what types of 5 21 contractual limitations of liability are permitted. 5 22 Rules adopted by the director shall establish criteria 5 23 to be considered in making a determination of whether 5 24 to permit a contractual limitation of vendor liability 5 25 with regard to any procurement of goods and services. 5 26 The criteria, at a minimum, shall include all of the 5 27 following: 5 28 (1) Whether authorizing a contractual limitation 5 29 of vendor liability is necessary to prevent harm to 5 30 the state from a failure to obtain the goods or 5 31 services sought, or from obtaining the goods or 5 32 services at a higher price if the state refuses to 5 33 allow a contractual limitation of vendor liability. 5 34 (2) Whether the contractual limitation of vendor 5 35 liability is commercially reasonable when taking into 5 36 account any risk to the state created by the goods or 5 37 services to be procured and the purpose for which they 5 38 will be used. 5 39 b. Notwithstanding paragraph "a", a contractual 5 40 limitation of vendor liability shall not include any 5 41 limitation on the liability of any vendor for 5 42 intentional torts, criminal acts, or fraudulent 5 43 conduct. 5 44 c. The rules shall provide for the negotiation of 5 45 a contractual limitation of vendor liability 5 46 consistent with the requirements of this section and 5 47 any other requirements of the department as provided 5 48 in any related documents associated with a procurement 5 49 of goods and services.> 5 50 #23. Page 39, by striking lines 18 through 23. 6 1 #24. Page 40, by inserting after line 3 the 6 2 following: 6 3 <Sec. . Section 135.105D, subsection 1A, as 6 4 enacted by 2007 Iowa Acts, House File 158, section 2, 6 5 is amended by adding the following new paragraph: 6 6 NEW PARAGRAPH. d. Notwithstanding any other 6 7 provision to the contrary, nothing in this section 6 8 shall subject a parent, guardian, or legal custodian 6 9 of a child of compulsory attendance age to any 6 10 penalties under chapter 299.> 6 11 #25. By striking page 47, line 19, through page 6 12 48, line 2. 6 13 #26. Page 48, by striking lines 3 through 12. 6 14 #27. Page 52, by striking lines 5 through 12. 6 15 #28. Page 55, by inserting after line 22 the 6 16 following: 6 17 <Sec. . Section 505.8, Code 2007, is amended by 6 18 adding the following new subsection: 6 19 NEW SUBSECTION. 8. The commissioner may, after a 6 20 hearing conducted pursuant to chapter 17A, assess 6 21 fines or penalties, order restitution, or take other 6 22 corrective action as the commissioner deems necessary 6 23 and appropriate to accomplish compliance with the laws 6 24 of the state relating to all insurance business 6 25 transacted in the state.> 6 26 #29. Page 55, by striking lines 23 through 30. 6 27 #30. By striking page 56, line 13, through page 6 28 57, line 6. 6 29 #31. Page 57, by inserting after line 35 the 6 30 following: 6 31 <Sec. . LEGISLATIVE PROPERTY TAX STUDY 6 32 COMMITTEE. 6 33 1. A legislative property tax study committee is 6 34 established. The study committee shall conduct a 6 35 comprehensive review of property taxation in Iowa 6 36 including but not limited to the continued use of 6 37 property taxes as a major funding source for local 6 38 governments and for local school districts in Iowa, 6 39 the classification and assessment of property for 6 40 property tax purposes and the impact of the tie 6 41 between residential and agricultural property 6 42 assessments, the level of consistency employed in 6 43 classifying and assessing property for property tax 6 44 purposes, the various exemptions and credits currently 6 45 available to property taxpayers and the impact on 6 46 local government and state budgets and on other 6 47 taxpayers of providing those credits and exemptions, 6 48 and the use of property taxes as an economic 6 49 development tool and the impact on local and state 6 50 government budgets and on other taxpayers of such use. 7 1 In its study, the committee shall address the goals of 7 2 property tax simplification and equity. 7 3 2. a. The committee shall be comprised of the 7 4 following voting members: 7 5 (1) Five members who are members of the senate, 7 6 three of whom shall be appointed by the majority 7 7 leader of the senate and two of whom shall be 7 8 appointed by the minority leader of the senate. 7 9 (2) Five members who are members of the house of 7 10 representatives, three of whom shall be appointed by 7 11 the speaker of the house of representatives and two of 7 12 whom shall be appointed by the minority leader of the 7 13 house of representatives. 7 14 b. The committee shall be comprised of the 7 15 following nonvoting members who shall be appointed by 7 16 the majority leader of the senate and the speaker of 7 17 the house of representatives in consultation with the 7 18 minority leaders of the senate and the house of 7 19 representatives: 7 20 (1) One member from an association representing 7 21 Iowa counties. 7 22 (2) One member from an association representing 7 23 Iowa cities. 7 24 (3) One member from an association representing 7 25 Iowa school boards. 7 26 (4) One member from an association representing 7 27 agricultural property taxpayers. 7 28 (5) One member from an association representing 7 29 Iowa commercial property taxpayers. 7 30 (6) One member from an association representing 7 31 Iowa industrial taxpayers. 7 32 (7) One member representing residential taxpayers. 7 33 (8) One member from an association representing 7 34 Iowa telecommunications property taxpayers. 7 35 (9) Representatives of other interests as 7 36 designated by the legislative council. 7 37 c. The committee shall be comprised of the 7 38 following nonvoting members who shall be appointed by 7 39 the governor: 7 40 (1) A representative employed by the department of 7 41 management. 7 42 (2) A representative employed by the department of 7 43 revenue. 7 44 (3) A representative employed by the department of 7 45 economic development. 7 46 3. The property tax study committee shall meet 7 47 during the 2007 and 2008 legislative interims at the 7 48 call of the chairperson. The committee is authorized 7 49 to hold as many meetings as the committee deems 7 50 necessary. 8 1 4. The property tax study committee may contract 8 2 with one or more tax consultants or experts familiar 8 3 with the Iowa property tax system. The legislative 8 4 council, pursuant to its authority in section 2.42, 8 5 may allocate to the study committee funding from 8 6 moneys available to it in section 2.12 for the purpose 8 7 of contracting with the consultant or expert. 8 8 5. The property tax study committee shall submit a 8 9 final report to the general assembly on or before 8 10 January 5, 2009. The final report shall include but 8 11 not be limited to findings, analyses, and 8 12 recommendations by the committee.> 8 13 #32. By renumbering, relettering, or redesignating 8 14 and correcting internal references as necessary. 8 15 8 16 8 17 8 18 OLDSON of Polk 8 19 SF 601.738 82 8 20 mg/gg/10070 -1-