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 ............................................... FTEs     100.50
     2 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 .................................................. $  6,422,654
     4  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 .................................................. $    650,000
     4 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 .................................................. $    661,291
     4 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 .................................................. $  2,070,358
     4 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 .................................................. $ 12,203,009
     4 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 .................................................. $  1,431,015
     5  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

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