House Amendment 8728


PAG LIN




     1  1    Amend House File 2700, as amended, passed, and
     1  2 reprinted by the House, as follows:
     1  3 #1.  Page 2, line 12, by striking the figure
     1  4 <1,439,884> and inserting the following:  <1,400,261>.
     1  5 #2.  Page 9, by striking lines 21 and 22 and
     1  6 inserting the following:  <director, and the Iowa>.
     1  7 #3.  Page 12, lines 12 and 13, by striking the
     1  8 words <secretary of the Iowa state fair board,>.
     1  9 #4.  Page 17, by inserting after line 28 the
     1 10 following:
     1 11    <Section 1.  Section 173.10, Code 2007, is amended
     1 12 to read as follows:
     1 13    173.10  SALARY OF SECRETARY.
     1 14    The secretary shall receive the salary fixed by the
     1 15 board.  The compensation and employment terms of the
     1 16 secretary shall be set by the Iowa state fair board
     1 17 with the approval of the governor, taking into
     1 18 consideration the level of knowledge and experience of
     1 19 the secretary.>
     1 20 #5.  Page 17, by inserting after line 30 the
     1 21 following:
     1 22    <Sec. 2.  Section 8.7, Code 2007, is amended to
     1 23 read as follows:
     1 24    8.7  REPORTING OF GIFTS AND BEQUESTS RECEIVED.
     1 25    All gifts, and bequests, and grants received by a
     1 26 department or accepted by the governor on behalf of
     1 27 the state shall be reported to the Iowa ethics and
     1 28 campaign disclosure board and the government oversight
     1 29 committees.  The ethics and campaign disclosure board
     1 30 shall, by January 31 of each year, submit to the
     1 31 fiscal services division of the legislative services
     1 32 agency a written report listing all gifts, and
     1 33 bequests, and grants received during the previous
     1 34 calendar year with a value over one thousand dollars
     1 35 and the purpose for each such gift, or bequest, or
     1 36 grant.  The submission shall also include a listing of
     1 37 all gifts, and bequests, and grants received by a
     1 38 department from a person if the cumulative value of
     1 39 all gifts, and bequests, and grants received by the
     1 40 department from the person during the previous
     1 41 calendar year exceeds one thousand dollars, and the
     1 42 ethics and campaign disclosure board shall include, if
     1 43 available, the purpose for each such gift, or bequest,
     1 44 or grant.  However, the reports on gifts, grants, or
     1 45 bequests filed by the state board of regents pursuant
     1 46 to section 8.44 shall be deemed sufficient to comply
     1 47 with the requirements of this section.
     1 48    Sec. 3.  Section 8.9, Code 2007, is amended to read
     1 49 as follows:
     1 50    8.9  GRANTS ENTERPRISE MANAGEMENT OFFICE.
     2  1    1.  The office of grants enterprise management is
     2  2 established in the department of management.  The
     2  3 function of the office is to develop and administer a
     2  4 system to track, identify, advocate for, and
     2  5 coordinate nonstate grants as defined in section 8.2,
     2  6 subsections 1 and 3.  Staffing for the office of
     2  7 grants enterprise management shall be provided by a
     2  8 facilitator appointed by the director of the
     2  9 department of management.  Additional staff may be
     2 10 hired, subject to the availability of funding.
     2 11 Funding for the office is from the appropriation to
     2 12 the department pursuant to section 8A.505, subsection
     2 13 2.
     2 14    2.  a.  All grant applications submitted and grant
     2 15 moneys received by a department on behalf of the state
     2 16 shall be reported to the office of grants enterprise
     2 17 management.  The office shall by January 31 of each
     2 18 year submit to the fiscal services division of the
     2 19 legislative services agency a written report listing
     2 20 all grants received during the previous calendar year
     2 21 with a value over one thousand dollars and the funding
     2 22 entity and purpose for each grant.  However, the
     2 23 reports on grants filed by the state board of regents
     2 24 pursuant to section 8.44 shall be deemed sufficient to
     2 25 comply with the requirements of this subsection.
     2 26    b.  The office of grants enterprise management
     2 27 shall submit by July 1 and January 1 of each year to
     2 28 the government oversight committees a written report
     2 29 summarizing departmental compliance with the
     2 30 requirements of this subsection.
     2 31    Sec. 4.  Section 12C.16, subsection 1, paragraph b,
     2 32 subparagraph (4), Code Supplement 2007, is amended to
     2 33 read as follows:
     2 34    (4)  To the extent of the guarantee, loans,
     2 35 obligations, or nontransferable letters of credit upon
     2 36 which the payment of principal and interest is fully
     2 37 secured or guaranteed by the United States of America
     2 38 or an agency or instrumentality of the United States
     2 39 of America or the United States central credit union,
     2 40 a corporate central credit union organized under
     2 41 section 533.213, or a corporate credit union organized
     2 42 under 12 C.F.R. } 704 whose activities are subject to
     2 43 regulation by the national credit union
     2 44 administration, and the rating of any one of such
     2 45 credit unions remains within the two highest
     2 46 classifications of prime established by at least one
     2 47 of the standard rating services approved by the
     2 48 superintendent of banking by rule pursuant to chapter
     2 49 17A.  The treasurer of state shall adopt rules
     2 50 pursuant to chapter 17A to implement this section.
     3  1    Sec. 5.  Section 12C.17, subsection 1, paragraph c,
     3  2 Code Supplement 2007, is amended to read as follows:
     3  3    c.  The securities shall be deposited with the
     3  4 federal reserve bank, the federal home loan bank of
     3  5 Des Moines, Iowa, or the United States central credit
     3  6 union, a corporate central credit union organized
     3  7 under section 533.213, or a corporate credit union
     3  8 organized under 12 C.F.R. } 704 whose activities are
     3  9 subject to regulation by the national credit union
     3 10 administration pursuant to a bailment agreement or a
     3 11 pledge custody agreement.
     3 12    Sec. 6.  Section 12C.17, subsection 4, Code
     3 13 Supplement 2007, is amended to read as follows:
     3 14    4.  Upon written request from the appropriate
     3 15 public officer but not less than monthly, the federal
     3 16 reserve bank, the federal home loan bank of Des
     3 17 Moines, Iowa, the United States central credit union,
     3 18 a corporate central credit union organized under
     3 19 section 533.213, or a corporate credit union organized
     3 20 under 12 C.F.R. } 704 whose activities are subject to
     3 21 regulation by the national credit union administration
     3 22 shall report a description, the par value, and the
     3 23 market value of any pledged collateral by a credit
     3 24 union.>
     3 25 #6.  Page 19, line 13, by inserting after the word
     3 26 <subsection> the following:  <, or not otherwise
     3 27 confidential,>.
     3 28 #7.  Page 22, by inserting before line 31 the
     3 29 following:
     3 30    <Sec. 7.  Section 68B.32, subsection 1, Code 2007,
     3 31 is amended to read as follows:
     3 32    1.  An Iowa ethics and campaign disclosure board is
     3 33 established as an independent agency.  The board shall
     3 34 administer this chapter and set standards for,
     3 35 investigate complaints relating to, and monitor the
     3 36 ethics of officials, employees, lobbyists, and
     3 37 candidates for office in the executive branch of state
     3 38 government.  The board shall administer and set
     3 39 standards for, investigate complaints relating to, and
     3 40 monitor the campaign finance practices of candidates
     3 41 for public office.  The board shall administer and
     3 42 establish standards for, investigate complaints
     3 43 relating to, and monitor the reporting of gifts, and
     3 44 bequests, and grants under section 8.7.  The board
     3 45 shall consist of six members and shall be balanced as
     3 46 to political affiliation as provided in section 69.16.
     3 47 The members shall be appointed by the governor,
     3 48 subject to confirmation by the senate.
     3 49    Sec. 8.  Section 68B.32A, subsection 4, Code
     3 50 Supplement 2007, is amended to read as follows:
     4  1    4.  Receive and file registration and reports from
     4  2 lobbyists of the executive branch of state government,
     4  3 client disclosure from clients of lobbyists of the
     4  4 executive branch of state government, personal
     4  5 financial disclosure information from officials and
     4  6 employees in the executive branch of state government
     4  7 who are required to file personal financial disclosure
     4  8 information under this chapter, and gift, and bequest,
     4  9 and grant disclosure information pursuant to section
     4 10 8.7.  The board, upon its own motion, may initiate
     4 11 action and conduct a hearing relating to reporting
     4 12 requirements under this chapter or section 8.7.
     4 13    Sec. 9.  Section 84A.5, subsection 1, paragraph a,
     4 14 Code Supplement 2007, is amended to read as follows:
     4 15    a.  The workforce development system shall strive
     4 16 to provide high quality services to its customers
     4 17 including workers, families, and businesses.  The
     4 18 department of workforce development shall maintain a
     4 19 common intake, assessment, and customer tracking
     4 20 system and to the extent practical provide one=stop
     4 21 services to customers at workforce development centers
     4 22 and other service access points.  The department of
     4 23 workforce development shall administer a statewide
     4 24 standard skills assessment to assess the employability
     4 25 skills of adult workers statewide and shall instruct
     4 26 appropriate department staff in the administration of
     4 27 the assessment.  The assessment shall be included in
     4 28 the one=stop services provided to customers at
     4 29 workforce development centers and other service access
     4 30 points throughout the state.
     4 31    Sec. 10.  Section 85.1, subsection 6, Code
     4 32 Supplement 2007, is amended to read as follows:
     4 33    6.  Employers may with respect to an employee or a
     4 34 classification of employees exempt from coverage
     4 35 provided by this chapter pursuant to subsection 1, 2,
     4 36 or 3, other than the employee or classification of
     4 37 employees with respect to whom a rule of liability or
     4 38 a method of compensation is established by the
     4 39 Congress of the United States, assume a liability for
     4 40 compensation imposed upon employers by this chapter,
     4 41 for the benefit of employees within the coverage of
     4 42 this chapter, by the purchase of valid workers'
     4 43 compensation insurance that does not specifically
     4 44 exclude the employee or classification of employees.
     4 45 In addition, an employer that assumed a liability for
     4 46 compensation imposed upon employers by this chapter
     4 47 pursuant to a collective bargaining agreement with
     4 48 respect to an employee or a classification of
     4 49 employees exempt from coverage provided by this
     4 50 chapter pursuant to subsection 4 as of July 1, 2007,
     5  1 may continue to assume liability for that compensation
     5  2 pursuant to a subsequent collective bargaining
     5  3 agreement, for the benefit of such employees, by the
     5  4 purchase of valid workers' compensation insurance that
     5  5 does not specifically exclude that employee or
     5  6 classification of employees.  The purchase of and
     5  7 acceptance by an employer of valid workers'
     5  8 compensation insurance applicable to the employee or
     5  9 classification of employees constitutes an assumption
     5 10 by the employer of liability without any further act
     5 11 on the part of the employer, but only with respect to
     5 12 the employee or classification of employees as are
     5 13 within the coverage of the workers' compensation
     5 14 insurance contract and only for the time period in
     5 15 which the insurance contract is in force.  Upon an
     5 16 election of such coverage, the employee or
     5 17 classification of employees shall accept compensation
     5 18 in the manner provided by this chapter and the
     5 19 employer shall be relieved from any other liability
     5 20 for recovery of damage, or other compensation for
     5 21 injury.
     5 22    Sec. 11.  Section 96.3, subsection 5, Code 2007, is
     5 23 amended to read as follows:
     5 24    5.  a.  DURATION OF BENEFITS.  The maximum total
     5 25 amount of benefits payable to an eligible individual
     5 26 during a benefit year shall not exceed the total of
     5 27 the wage credits accrued to the individual's account
     5 28 during the individual's base period, or twenty=six
     5 29 times the individual's weekly benefit amount,
     5 30 whichever is the lesser.  The director shall maintain
     5 31 a separate account for each individual who earns wages
     5 32 in insured work.  The director shall compute wage
     5 33 credits for each individual by crediting the
     5 34 individual's account with one=third of the wages for
     5 35 insured work paid to the individual during the
     5 36 individual's base period.  However, the director shall
     5 37 recompute wage credits for an individual who is laid
     5 38 off due to the individual's employer going out of
     5 39 business at the factory, establishment, or other
     5 40 premises at which the individual was last employed, by
     5 41 crediting the individual's account with one=half,
     5 42 instead of one=third, of the wages for insured work
     5 43 paid to the individual during the individual's base
     5 44 period.  Benefits paid to an eligible individual shall
     5 45 be charged against the base period wage credits in the
     5 46 individual's account which have not been previously
     5 47 charged, in the inverse chronological order as the
     5 48 wages on which the wage credits are based were paid.
     5 49 However if the state "off indicator" is in effect and
     5 50 if the individual is laid off due to the individual's
     6  1 employer going out of business at the factory,
     6  2 establishment, or other premises at which the
     6  3 individual was last employed, the maximum benefits
     6  4 payable shall be extended to thirty=nine times the
     6  5 individual's weekly benefit amount, but not to exceed
     6  6 the total of the wage credits accrued to the
     6  7 individual's account.
     6  8    b.  TRAINING EXTENSION BENEFITS.  An individual who
     6  9 is in training with the approval of the director at
     6 10 the time regular benefits are exhausted may be
     6 11 eligible for training extension benefits.  The
     6 12 training extension benefit amount shall be twenty=six
     6 13 times the individual's weekly benefit amount, and the
     6 14 weekly benefit amount shall be equal to the
     6 15 individual's weekly benefit amount for the claim in
     6 16 which benefits were exhausted while in training.  An
     6 17 individual who is receiving training extension
     6 18 benefits shall not be denied benefits due to
     6 19 application of section 96.4, subsection 3, or section
     6 20 96.5, subsection 3.  However, an employer's account
     6 21 shall not be charged with benefits so paid.  Relief of
     6 22 charges under this paragraph applies to both
     6 23 contributory and reimbursable employers,
     6 24 notwithstanding section 96.8, subsection 5.  In order
     6 25 for the individual to be eligible for training
     6 26 extension benefits the training must be for a
     6 27 high=demand or high=technology occupation, including
     6 28 fields of life sciences, advanced manufacturing,
     6 29 biotechnology, alternative fuels, insurance, and
     6 30 environmental technology.  "High=demand occupation"
     6 31 means an occupation in a labor market area in which
     6 32 the department determines work opportunities are
     6 33 available and there is a lack of qualified
     6 34 applicants.>
     6 35 #8.  Page 26, by inserting after line 16 the
     6 36 following:
     6 37    <Sec. 12.  Section 135C.40, subsection 1, Code
     6 38 2007, is amended to read as follows:
     6 39    1.  If the director determines, based on the
     6 40 findings of an inspection or investigation of a health
     6 41 care facility, that the facility is in violation of
     6 42 this chapter, or rules adopted under this chapter, or
     6 43 the federal certification guidelines, the director
     6 44 within five ten working days after making the
     6 45 determination completion of an on=site survey, may
     6 46 shall issue a written citation all statements of
     6 47 deficiencies, including any state citations issued to
     6 48 the facility under rules adopted by the department.
     6 49 The citation shall be served upon the facility
     6 50 personally or, by electronic mail, or by certified
     7  1 mail, except that a citation for a Class III violation
     7  2 may be sent by ordinary mail.  Each citation shall
     7  3 specifically describe the nature of the violation,
     7  4 identifying the Code section or subsection or the rule
     7  5 or standard violated, and the classification of the
     7  6 violation under section 135C.36.  Where appropriate,
     7  7 the citation shall also state the period of time
     7  8 allowed for correction of the violation, which shall
     7  9 in each case be the shortest period of time the
     7 10 department deems feasible.  Failure to correct a
     7 11 violation within the time specified, unless the
     7 12 licensee shows that the failure was due to
     7 13 circumstances beyond the licensee's control, shall
     7 14 subject the facility to a further penalty of fifty
     7 15 dollars for each day that the violation continues
     7 16 after the time specified for correction.
     7 17    a.  If a facility licensed under this chapter
     7 18 submits a plan of correction relating to a statement
     7 19 of deficiencies or a response to a citation issued
     7 20 under rules adopted by the department and the
     7 21 department elects to conduct an on=site revisit
     7 22 survey, the department shall commence the revisit
     7 23 survey within ten business days of the date that the
     7 24 plan of correction is received, or the date specified
     7 25 within the plan of correction alleging compliance,
     7 26 whichever is later.
     7 27    b.  If the department recommends the issuance of
     7 28 federal remedies pursuant to 42 C.F.R. } 488.406
     7 29 (a)(2) or (a)(3), relating to a survey conducted by
     7 30 the department, the department shall issue the
     7 31 statement of deficiencies within twenty=four hours of
     7 32 the date that the centers for Medicare and Medicaid
     7 33 services of the United States department of health and
     7 34 human services was notified of the recommendation for
     7 35 the imposition of remedies.>
     7 36 #9.  Page 29, by inserting after line 22 the
     7 37 following:
     7 38    <Sec. 13.  NEW SECTION.  231C.20  CITATIONS ==
     7 39 MONITORING VISITS.
     7 40    1.  All results of state monitoring visits,
     7 41 including complaint investigations or certification
     7 42 inspections conducted by the department pursuant to
     7 43 this chapter or rules adopted by the department shall
     7 44 be submitted by the department personally, by
     7 45 electronic mail, or by certified mail to the program
     7 46 no later than ten business days following completion
     7 47 of an on=site monitoring visit, if findings of
     7 48 noncompliance are cited.
     7 49    2.  If a program certified under this chapter
     7 50 submits a plan of correction relating to the statement
     8  1 of noncompliance or a response to a civil penalty
     8  2 issued under rules adopted by the department, and the
     8  3 department elects to conduct an on=site monitoring
     8  4 revisit, the department shall commence the monitoring
     8  5 revisit within ten business days of the date that the
     8  6 plan of correction is received, or the date specified
     8  7 within the plan of correction alleging compliance,
     8  8 whichever is later.>
     8  9 #10.  Page 29, by inserting after line 26 the
     8 10 following:
     8 11    <Sec. 14.  Section 280.7A, as enacted by 2008 Iowa
     8 12 Acts, Senate File 2251, section 1, is amended by
     8 13 adding the following new subsections:
     8 14    NEW SUBSECTION.  4.  A comprehensive vision
     8 15 screening by a certified vision screener provided by
     8 16 the school district shall be given within the first
     8 17 thirty days of the first day of the school year to
     8 18 students entering kindergarten, first grade, third
     8 19 grade, sixth grade, and eighth grade, and to transfer
     8 20 students and students referred for screening by a
     8 21 parent or teacher.  A student shall be required to
     8 22 receive a comprehensive vision screening only once
     8 23 within a thirty=six month period.
     8 24    NEW SUBSECTION.  5.  A student who is not able to
     8 25 pass the comprehensive vision screening, pursuant to
     8 26 subsection 4, shall be required to have a
     8 27 comprehensive eye examination performed by a licensed
     8 28 optometrist, ophthalmologist, or physician trained in
     8 29 providing comprehensive eye care.  A student's parent
     8 30 or guardian shall be responsible for ensuring that a
     8 31 student receives a comprehensive eye examination
     8 32 pursuant to this subsection.  No penalty shall be
     8 33 imposed as a result of a student not receiving a
     8 34 recommended comprehensive eye examination.>
     8 35 #11.  Page 29, by inserting after line 26 the
     8 36 following:
     8 37    <Sec. 15.  Section 321A.3, subsections 1, 5, and 6,
     8 38 Code Supplement 2007, are amended to read as follows:
     8 39    1.  The department shall upon request furnish any
     8 40 person a certified abstract of the operating record of
     8 41 a person subject to chapter 321, 321J, or this
     8 42 chapter.  The abstract shall also fully designate the
     8 43 motor vehicles, if any, registered in the name of the
     8 44 person.  If there is no record of a conviction of the
     8 45 person having violated any law relating to the
     8 46 operation of a motor vehicle or of any injury or
     8 47 damage caused by the person, the department shall so
     8 48 certify.  A fee of five dollars and fifty cents shall
     8 49 be paid for each abstract except for state, county, or
     8 50 city officials, court officials, public transit
     9  1 officials, or other officials of a political
     9  2 subdivision of the state or a nonprofit charitable
     9  3 organization described in section 501(c)(3) of the
     9  4 Internal Revenue Code.  The department shall transfer
     9  5 the moneys collected under this section to the
     9  6 treasurer of state who shall credit to the general
     9  7 fund all moneys collected.
     9  8    5.  The department may permit any person to view
     9  9 the operating record of a person subject to chapter
     9 10 321 or this chapter through one of the department's
     9 11 computer terminals or through a computer printout
     9 12 generated by the department.  The department shall not
     9 13 require a fee for a person to view their own operating
     9 14 record, but the department shall impose a fee of one
     9 15 dollar for each of the first five operating records
     9 16 viewed within a calendar day and two dollars for each
     9 17 additional operating record viewed within the calendar
     9 18 day.
     9 19    6.  Fees under subsections subsection 1 and 5 may
     9 20 be paid by credit cards, as defined in section
     9 21 537.1301, subsection 17, approved for that purpose by
     9 22 the department of transportation.  The department
     9 23 shall enter into agreements with financial
     9 24 institutions extending credit through the use of
     9 25 credit cards to ensure payment of the fees.  The
     9 26 department shall adopt rules pursuant to chapter 17A
     9 27 to implement the provisions of this subsection.
     9 28    Sec. 16.  Section 321A.3, Code Supplement 2007, is
     9 29 amended by adding the following new subsection:
     9 30    NEW SUBSECTION.  8.  A person making a request for
     9 31 a record or an abstract under this section that is
     9 32 subject to a fee shall only use the record or abstract
     9 33 requested one time, for one purpose, and it shall not
     9 34 supply that record to more than one other person.  Any
     9 35 subsequent use of the same record or abstract shall
     9 36 require that the person make a subsequent request for
     9 37 the record or abstract and pay an additional fee for
     9 38 the request in the same manner as provided for the
     9 39 initial request.  A person requesting a record or an
     9 40 abstract pursuant to this section shall keep records
     9 41 identifying who the record or abstract is provided to,
     9 42 and the use of the record or abstract, for a period of
     9 43 five years.  Records maintained pursuant to this
     9 44 subsection shall be made available to the department
     9 45 upon request.  A person shall not sell, retain,
     9 46 distribute, provide, or transfer any record or
     9 47 abstract information or portion of the record or
     9 48 abstract information acquired under this agreement
     9 49 except as authorized by the department and the federal
     9 50 Driver's Privacy Protection Act, 18 U.S.C. }
    10  1 2721=2725.>
    10  2 #12.  Page 32, by inserting after line 33 the
    10  3 following:
    10  4    <Sec. 17.  Section 423B.1, subsection 6, Code
    10  5 Supplement 2007, is amended by adding the following
    10  6 new paragraph:
    10  7    NEW PARAGRAPH.  c.  Notwithstanding any other
    10  8 provision in this section, a change in use of the
    10  9 local sales and services tax revenues for purposes of
    10 10 funding an urban renewal project pursuant to section
    10 11 423B.10 does not require an election.
    10 12    Sec. 18.  Section 423B.7, subsection 1, Code 2007,
    10 13 is amended to read as follows:
    10 14    1.  a.  The Except as provided in paragraph "b",
    10 15 the director shall credit the local sales and services
    10 16 tax receipts and interest and penalties from a
    10 17 county=imposed tax to the county's account in the
    10 18 local sales and services tax fund and from a
    10 19 city=imposed tax under section 423B.1, subsection 2,
    10 20 to the city's account in the local sales and services
    10 21 tax fund.  If the director is unable to determine from
    10 22 which county any of the receipts were collected, those
    10 23 receipts shall be allocated among the possible
    10 24 counties based on allocation rules adopted by the
    10 25 director.
    10 26    b.  Notwithstanding paragraph "a", the director
    10 27 shall credit the designated amount of the increase in
    10 28 local sales and services tax receipts, as computed in
    10 29 section 423B.10, collected in an urban renewal area of
    10 30 an eligible city that has adopted an ordinance
    10 31 pursuant to section 423B.10, subsection 2, into a
    10 32 special city account in the local sales and services
    10 33 tax fund.
    10 34    Sec. 19.  Section 423B.7, Code 2007, is amended by
    10 35 adding the following new subsection:
    10 36    NEW SUBSECTION.  5A.  From each special city
    10 37 account, the revenues shall be remitted to the city
    10 38 council for deposit in the special fund created in
    10 39 section 403.19, subsection 2, to be used by the city
    10 40 as provided in section 423B.10.  The distribution from
    10 41 the special city account is not subject to the
    10 42 distribution formula provided in subsections 3, 4, and
    10 43 5.
    10 44    Sec. 20.  NEW SECTION.  423B.10  FUNDING URBAN
    10 45 RENEWAL PROJECTS.
    10 46    1.  For purposes of this section, unless the
    10 47 context otherwise requires:
    10 48    a.  "Base year" means the fiscal year during which
    10 49 an ordinance is adopted that provides for funding of
    10 50 an urban renewal project by a designated amount of the
    11  1 increased sales and services tax revenues.
    11  2    b.  "Eligible city" means a city in which a local
    11  3 sales and services tax imposed by the county applies
    11  4 or a city described in section 423B.1, subsection 2,
    11  5 paragraph "a", and in which an urban renewal area has
    11  6 been designated.
    11  7    c.  "Retail establishment" means a business
    11  8 operated by a retailer as defined in section 423.1.
    11  9    d.  "Urban renewal area" and "urban renewal
    11 10 project" mean the same as defined in section 403.17.
    11 11    2.  An eligible city may by ordinance of the city
    11 12 council provide for the use of a designated amount of
    11 13 the increased local sales and services tax revenues
    11 14 collected under this chapter which are attributable to
    11 15 retail establishments in an urban renewal area to fund
    11 16 urban renewal projects located in the area.  The
    11 17 designated amount may be all or a portion of such
    11 18 increased revenues.
    11 19    3.  To determine the revenue increase for purposes
    11 20 of subsection 2, revenue amounts shall be calculated
    11 21 by the department of revenue as follows:
    11 22    a.  Determine the amount of local sales and
    11 23 services tax revenue collected from retail
    11 24 establishments located in the area comprising the
    11 25 urban renewal area during the base year.
    11 26    b.  Determine the current year revenue amount for
    11 27 each fiscal year following the base year in the manner
    11 28 specified in paragraph "a".
    11 29    c.  The excess of the amount determined in
    11 30 paragraph "b" over the base year revenue amount
    11 31 determined in paragraph "a" is the increase in the
    11 32 local sales and services tax revenues of which the
    11 33 designated amount is to be deposited in the special
    11 34 city account created in section 423B.7, subsection 5A.
    11 35    4.  The ordinance adopted pursuant to this section
    11 36 is repealed when the area ceases to be an urban
    11 37 renewal area or twenty years following the base year,
    11 38 whichever is the earlier.
    11 39    5.  In addition to the moneys received pursuant to
    11 40 the ordinance authorized under subsection 2, an
    11 41 eligible city may deposit any other local sales and
    11 42 services tax revenues received by it pursuant to the
    11 43 distribution formula in section 423B.7, subsections 3,
    11 44 4, and 5, to the special fund described in section
    11 45 403.19, subsection 2.
    11 46    6.  For purposes of this section, the eligible city
    11 47 shall assist the department of revenue in identifying
    11 48 retail establishments in the urban renewal area that
    11 49 are collecting the local sales and services tax.  This
    11 50 process shall be ongoing until the ordinance is
    12  1 repealed.>
    12  2 #13.  Page 34, by inserting after line 7 the
    12  3 following:
    12  4    <Sec. 21.  Section 423F.3, subsection 3, paragraph
    12  5 c, as enacted by 2008 Iowa Acts, House File 2663,
    12  6 section 29, if enacted, is amended to read as follows:
    12  7    c.  The board secretary shall notify the county
    12  8 commissioner of elections of the intent to take the
    12  9 issue to the voters.  The county commissioner of
    12 10 elections shall publish the notices required by law
    12 11 for special or general elections, and the election
    12 12 shall be held not sooner than thirty days nor later
    12 13 than forty days after notice from the school board on
    12 14 a date specified in section 39.2, subsection 4,
    12 15 paragraph "c".  A majority of those voting on the
    12 16 question must favor approval of the revenue purpose
    12 17 statement.  If the proposal is not approved, the
    12 18 school district shall not submit the same or new
    12 19 revenue purpose statement to the electors for a period
    12 20 of six months from the date of the previous election.>
    12 21 #14.  Page 35, by inserting after line 20 the
    12 22 following:
    12 23    <Sec. 22.  Section 441.38, subsection 1, Code 2007,
    12 24 is amended to read as follows:
    12 25    1.  Appeals may be taken from the action of the
    12 26 local board of review with reference to protests of
    12 27 assessment, to the district court of the county in
    12 28 which the board holds its sessions within twenty days
    12 29 after its adjournment or May 31, whichever date is
    12 30 later.  Appeals may be taken from the action of the
    12 31 property assessment appeal board to the district court
    12 32 of the county where the property which is the subject
    12 33 of the appeal is located within twenty days after the
    12 34 letter of disposition of the appeal by the property
    12 35 assessment appeal board is postmarked to the
    12 36 appellant.  No new grounds in addition to those set
    12 37 out in the protest to the local board of review as
    12 38 provided in section 441.37, or in addition to those
    12 39 set out in the appeal to the property assessment
    12 40 appeal board, if applicable, can be pleaded, but
    12 41 additional.  Additional evidence to sustain those
    12 42 grounds may be introduced in an appeal from the local
    12 43 board of review to the district court.  However, no
    12 44 new evidence to sustain those grounds may be
    12 45 introduced in an appeal from the property assessment
    12 46 appeal board to the district court.  The assessor
    12 47 shall have the same right to appeal and in the same
    12 48 manner as an individual taxpayer, public body, or
    12 49 other public officer as provided in section 441.42.
    12 50 Appeals shall be taken by filing a written notice of
    13  1 appeal with the clerk of district court.  Filing of
    13  2 the written notice of appeal shall preserve all rights
    13  3 of appeal of the appellant.>
    13  4 #15.  By striking page 43, line 25, through page
    13  5 45, line 5.
    13  6 #16.  Page 45, by inserting before line 6 the
    13  7 following:
    13  8    <Sec. 23.  2007 Iowa Acts, chapter 206, section 6,
    13  9 unnumbered paragraph 3, is amended to read as follows:
    13 10    Notwithstanding section 8.33, moneys appropriated
    13 11 in this section that remain unencumbered or
    13 12 unobligated at the close of the fiscal year shall not
    13 13 revert but shall remain available for expenditure for
    13 14 the purposes designated until the close of the
    13 15 succeeding fiscal year beginning July 1, 2008.>
    13 16 #17.  Page 45, by inserting after line 19 the
    13 17 following:
    13 18    <Sec. 24.  MEDICAL ASSISTANCE == APPROPRIATION.
    13 19 There is appropriated from the general fund of the
    13 20 state to the department of human services for the
    13 21 fiscal year beginning July 1, 2008, and ending June
    13 22 30, 2009, the following amount, or so much thereof as
    13 23 is necessary, for the purpose designated:
    13 24    Notwithstanding the reimbursement provisions in
    13 25 2008 Iowa Acts, Senate File 2425, if enacted, or any
    13 26 other provision requiring budget neutrality in setting
    13 27 hospital reimbursement rates, as additional funding
    13 28 for the medical assistance program to be used for the
    13 29 rebasing of hospital reimbursement rates under the
    13 30 medical assistance program:
    13 31 .................................................. $  5,500,000>
    13 32 #18.  Page 46, by inserting after line 7 the
    13 33 following:
    13 34    <Sec. 25.  2008 Iowa Acts, House File 2699, section
    13 35 4, subsection 3, if enacted, is amended by adding the
    13 36 following new paragraph:
    13 37    NEW PARAGRAPH.  e.  The department of economic
    13 38 development shall coordinate with the department of
    13 39 natural resources, the Iowa finance authority, and the
    13 40 United States department of agriculture in maximizing
    13 41 community development block grants and loans available
    13 42 for water, wastewater, and unsewered communities.  It
    13 43 is the intent of the general assembly that the
    13 44 department recognize and provide the appropriate level
    13 45 of funding needed for wastewater and sewer projects in
    13 46 communities with populations of 200 persons or less.
    13 47    Sec. 26.  2008 Iowa Acts, House File 2699, section
    13 48 16, subsection 4, if enacted, is amended by striking
    13 49 the subsection and inserting in lieu thereof the
    13 50 following:
    14  1    4.  STATEWIDE STANDARD SKILLS ASSESSMENT
    14  2    For development and administration of a statewide
    14  3 standard skills assessment to assess the employability
    14  4 skills of adult workers statewide and to provide
    14  5 instruction to department staff in the administration
    14  6 of the assessment in accordance with section 84A.5,
    14  7 subsection 1, as amended by the Eighty=second General
    14  8 Assembly, 2008 Session:
    14  9 .................................................. $    500,000>
    14 10 #19.  Page 46, by inserting after line 7 the
    14 11 following:
    14 12    <Sec. 27.  HEALTHY IOWANS TOBACCO TRUST ==
    14 13 APPROPRIATION == TOBACCO USE PREVENTION AND TREATMENT.
    14 14 There is appropriated from the healthy Iowans tobacco
    14 15 trust created in section 12.65 to the department of
    14 16 public health for the fiscal year beginning July 1,
    14 17 2008, and ending June 30, 2009, the following amount,
    14 18 or so much thereof as is necessary, for the purpose
    14 19 designated:
    14 20    For tobacco use prevention, cessation, and
    14 21 treatment, in addition to other appropriations made
    14 22 for this purpose:
    14 23 .................................................. $  1,000,000
    14 24    Sec. 28.  DEPARTMENT OF HUMAN SERVICES == SHELTER
    14 25 CARE.  There is appropriated from the general fund of
    14 26 the state to the department of human services for the
    14 27 fiscal year beginning July 1, 2008, and ending June
    14 28 30, 2009, the following amount, or so much thereof as
    14 29 is necessary, to be used for the purposes designated:
    14 30    For supplementing the appropriation made for child
    14 31 and family services in 2008 Iowa Acts, Senate File
    14 32 2425, if enacted, to be used to increase the amount
    14 33 allocated in that appropriation for shelter care to
    14 34 $8,072,215:
    14 35 .................................................. $  1,000,000
    14 36    Sec. 29.  INTERPRETERS FOR THE DEAF.  There is
    14 37 appropriated from the general fund of the state to the
    14 38 department of education for the fiscal year beginning
    14 39 July 1, 2008, and ending June 30, 2009, the following
    14 40 amount, or so much thereof as is necessary, to be used
    14 41 for the purpose designated:
    14 42    Due to the high numbers of articulation agreements
    14 43 between the state school for the deaf and Iowa western
    14 44 community college, for allocation for arrangements
    14 45 made between the state school for the deaf and Iowa
    14 46 western community college for deaf interpreters:
    14 47 .................................................. $    200,000
    14 48    Sec. 30.  UNITED STATES CENTER FOR CITIZEN
    14 49 DIPLOMACY.  There is appropriated from the general
    14 50 fund of the state to the department of economic
    15  1 development for the fiscal year beginning July 1,
    15  2 2008, and ending June 30, 2009, the following amount,
    15  3 or so much thereof as is necessary, to be used for the
    15  4 purposes designated:
    15  5    For a grant to support the United States center for
    15  6 citizen diplomacy:
    15  7 .................................................. $ 150,000
    15  8    The director of the department of economic
    15  9 development shall condition the grant upon the grantee
    15 10 submitting all of the following:  evidence of a
    15 11 matching amount from nongovernmental sources received
    15 12 during calendar year 2008, a financial plan for
    15 13 program sustainability, evidence that the center's
    15 14 principal place of business is in this state, and
    15 15 agreement to submit quarterly reports demonstrating
    15 16 that the center's programs are directed to assisting
    15 17 the citizens of this state and beyond in promoting
    15 18 citizen diplomacy through individual, educational,
    15 19 business, and cultural efforts.  The director shall
    15 20 submit the reports required under this section to the
    15 21 governor and the legislative council.
    15 22    Sec. 31.  DEPARTMENT OF NATURAL RESOURCES.  There
    15 23 is appropriated from any interest or earning moneys in
    15 24 the federal economic stimulus and jobs holding fund to
    15 25 the department of natural resources for the fiscal
    15 26 year beginning July 1, 2008, and ending June 30, 2009,
    15 27 the following amounts, or so much thereof as is
    15 28 necessary, to be used for the purposes designated:
    15 29    For the abatement, control, and prevention of
    15 30 ambient air pollution in this state, including
    15 31 measures as necessary to assure attainment and
    15 32 maintenance of ambient air quality standards from
    15 33 particulate matter:
    15 34 .................................................. $    195,000>
    15 35 #20.  Page 46, by inserting after line 12 the
    15 36 following:
    15 37    <Sec. 32.  DEPARTMENT OF CULTURAL AFFAIRS == BATTLE
    15 38 FLAG EMPLOYEES.  The department of cultural affairs is
    15 39 authorized an additional 1.50 full=time equivalent
    15 40 positions for a conservation assistant and a part=time
    15 41 historian for work related to the stabilization and
    15 42 preservation of the battle flag collection.>
    15 43 #21.  Page 47, by inserting after line 18 the
    15 44 following:
    15 45    <Sec. 33.  EFFECTIVE DATE.  The section of this
    15 46 division of this Act amending 2007 Iowa Acts, chapter
    15 47 206, section 6, being deemed of immediate importance,
    15 48 takes effect upon enactment.>
    15 49 #22.  Page 56, by inserting after line 2 the
    15 50 following:
    16  1    <Sec. 34.  Section 100C.6, subsection 3, as enacted
    16  2 by 2008 Iowa Acts, House File 2646, section 1, is
    16  3 amended to read as follows:
    16  4    3.  Relieve any person engaged in fire sprinkler
    16  5 installation, maintenance, repair, service, or
    16  6 inspection as defined in section 100D.1 from obtaining
    16  7 a fire sprinkler installer or fire sprinkler and
    16  8 maintenance worker license as required pursuant to
    16  9 chapter 100D.>
    16 10 #23.  Page 58, line 25, by striking the words and
    16 11 figure <Sec. 106.  NEW SECTION.>.
    16 12 #24.  Page 61, by inserting after line 24 the
    16 13 following:
    16 14    <Sec. 35.  2008 Iowa Acts, House File 2689, section
    16 15 35, if enacted, is amended by striking the section and
    16 16 inserting in lieu thereof the following:
    16 17    SEC.    .  EFFECTIVE DATE.  This division of this
    16 18 Act takes effect January 1, 2009.>
    16 19 #25.  Page 62, by inserting after line 29 the
    16 20 following:
    16 21    <Sec. 36.  2008 Iowa Acts, Senate File 2432,
    16 22 section 1, subsection 5, paragraph c, if enacted, is
    16 23 amended to read as follows:
    16 24    <c.  For equal distribution to regional sports
    16 25 authority districts certified by the department
    16 26 pursuant to section 15E.321, notwithstanding section
    16 27 8.57, subsection 6, paragraph "c":
    16 28 .................................................. $    500,000
    16 29    Sec. 37.  2008 Iowa Acts, Senate File 2432, section
    16 30 1, subsection 9, paragraph a, if enacted, is amended
    16 31 to read as follows:
    16 32    a.  For purposes of supporting a water trails
    16 33 development program and a lowhead dam public hazard
    16 34 improvement program, notwithstanding section 8.57,
    16 35 subsection 6, paragraph "c":
    16 36 .................................................. $  1,000,000
    16 37    The department shall award grants to dam owners
    16 38 including counties, cities, state agencies,
    16 39 cooperatives, and individuals, to support projects
    16 40 approved by the department.
    16 41    The department shall require each dam owner
    16 42 applying for a project grant to submit a project plan
    16 43 for the expenditure of the moneys, and file a report
    16 44 with the department regarding the project, as required
    16 45 by the department.
    16 46    The funds can be used for signs, posts, and related
    16 47 cabling, and the department shall only award money on
    16 48 a matching basis, pursuant to the dam owner
    16 49 contributing at least 20 cents for every 80 cents
    16 50 awarded by the department, in order to finance the
    17  1 project.  For the remainder of the funds, including
    17  2 any balance of money not awarded for signs, posts, and
    17  3 related cabling, the department shall only award
    17  4 moneys to a dam owner on a matching basis.  A dam
    17  5 owner shall contribute one dollar for each dollar
    17  6 awarded by the department in order to finance a
    17  7 project moneys for the water trails development
    17  8 program or to the lowhead dam public hazard
    17  9 improvement program on a matching basis according to
    17 10 departmental rules.>
    17 11 #26.  Page 62, by inserting after line 29 the
    17 12 following:
    17 13                      <DIVISION    
    17 14                   ANIMAL AGRICULTURE
    17 15    Sec. 38.  Section 459.102, subsection 4, Code 2007,
    17 16 is amended to read as follows:
    17 17    4.  "Animal feeding operation" means a lot, yard,
    17 18 corral, building, or other area in which animals are
    17 19 confined and fed and maintained for forty=five days or
    17 20 more in any twelve=month period, and all structures
    17 21 used for the storage of manure from animals in the
    17 22 operation.  An Except as required for a national
    17 23 pollutant discharge elimination system permit required
    17 24 pursuant to the federal Water Pollution Control Act,
    17 25 33 U.S.C. ch. 26, as amended, an animal feeding
    17 26 operation does not include a livestock market.
    17 27    Sec. 39.  Section 459A.103, subsection 3, Code
    17 28 2007, is amended to read as follows:
    17 29    3.  a.  In calculating the animal unit capacity of
    17 30 an open feedlot operation, the animal unit capacity
    17 31 shall not include the animal unit capacity of any
    17 32 confinement feeding operation building as defined in
    17 33 section 459.102, which is part of the open feedlot
    17 34 operation.
    17 35    b.  Notwithstanding paragraph "a", only for
    17 36 purposes of determining whether an open feedlot
    17 37 operation must obtain an operating permit, the animal
    17 38 unit capacity of the animal feeding operation includes
    17 39 the animal unit capacities of both the open feedlot
    17 40 operation and the confinement feeding operation if the
    17 41 animals in the open feedlot operation and the
    17 42 confinement feeding operation are all in the same
    17 43 category or type of animals as used in the definitions
    17 44 of large and medium concentrated animal feeding
    17 45 operations in 40 C.F.R. pt. 122.  In all other
    17 46 respects the confinement feeding operation shall be
    17 47 governed by chapter 459 and the open feedlot operation
    17 48 shall be governed by this chapter.
    17 49    Sec. 40.  Section 459A.401, subsection 2, paragraph
    17 50 a, unnumbered paragraph 1, Code Supplement 2007, is
    18  1 amended to read as follows:
    18  2    An open feedlot operation in compliance with the
    18  3 inspection and recordkeeping requirements of 40 C.F.R.
    18  4 pt. 122 and 40 C.F.R. pt. 412 applicable to the
    18  5 operation may discharge open feedlot effluent into any
    18  6 waters of the United States due to a precipitation
    18  7 event, if any of the following apply:
    18  8    Sec. 41.  COMPLIANCE EDUCATION EFFORT.  The
    18  9 department of natural resources shall provide for a
    18 10 compliance education effort.  In administering the
    18 11 effort, the department, in cooperation with
    18 12 associations that represent livestock producers and
    18 13 organizations that represent farmers generally, shall
    18 14 provide information on a statewide basis to persons
    18 15 involved with maintaining animals in a confinement
    18 16 feeding operation or open feedlot operation regarding
    18 17 methods and practices to ensure compliance with this
    18 18 Act.
    18 19    Sec. 42.  APPLICABILITY AND ENFORCEMENT.
    18 20    1.  A person required to obtain an operating permit
    18 21 for an animal feeding operation by the department of
    18 22 natural resources pursuant to 567 IAC ch. 65, and
    18 23 section 459.102, subsection 4, as amended by this
    18 24 division of this Act, or section 459A.103, subsection
    18 25 3, as amended by this division of this Act, shall
    18 26 submit an application for the operating permit to the
    18 27 department of natural resources on or before December
    18 28 31, 2008.  The application for the operating permit
    18 29 must be complete, including all information required
    18 30 to be included in the application according to rules
    18 31 adopted by the department.
    18 32    2.  a.  The state shall not take an enforcement
    18 33 action against a person arising from the person's
    18 34 failure to obtain an operating permit by the
    18 35 department of natural resources as required pursuant
    18 36 to this division of this Act if the person's
    18 37 application for the operating permit application is
    18 38 pending in accordance with subsection 1.
    18 39    b.  The state shall not take an enforcement action
    18 40 against a person arising from the person's failure to
    18 41 obtain an operating permit as required pursuant to
    18 42 this division of this Act for the period beginning on
    18 43 the day when the department of natural resources
    18 44 denies the person's application for the operation
    18 45 permit and ending on the thirtieth day after the
    18 46 person receives written notice that such application
    18 47 has been denied.
    18 48    Sec. 43.  EFFECTIVE DATE.
    18 49    1.  Except as provided in subsection 2, this
    18 50 division of this Act takes effect on December 31,
    19  1 2008.
    19  2    2.  The section of this division of this Act
    19  3 establishing a compliance education effort takes
    19  4 effect upon enactment.
    19  5                      DIVISION    
    19  6              RETIREMENT FOR SENIOR JUDGES
    19  7    Sec. 44.  Section 602.9202, Code 2007, is amended
    19  8 by adding the following new subsection:
    19  9    NEW SUBSECTION.  3A.  "Senior judge retirement age"
    19 10 means seventy=eight years of age or, if the senior
    19 11 judge is reappointed as a senior judge for an
    19 12 additional two=year term upon attaining seventy=eight
    19 13 years of age pursuant to section 602.9203, eighty
    19 14 years of age.
    19 15    Sec. 45.  Section 602.9203, subsection 5, Code
    19 16 2007, is amended to read as follows:
    19 17    5.  a.  A senior judge may be reappointed to
    19 18 additional two=year terms, at the discretion of the
    19 19 supreme court, if the judicial officer meets the
    19 20 requirements of subsection 2.
    19 21    b.  A senior judge may be reappointed to an
    19 22 additional two=year term upon attaining seventy=eight
    19 23 years of age, at the discretion of the supreme court,
    19 24 if the judicial officer meets the requirements of
    19 25 subsection 2.
    19 26    Sec. 46.  Section 602.9204, subsection 1, Code
    19 27 2007, is amended to read as follows:
    19 28    1.  A judge who retires on or after July 1, 1994,
    19 29 and who is appointed a senior judge under section
    19 30 602.9203 shall be paid a salary as determined by the
    19 31 general assembly.  A senior judge or retired senior
    19 32 judge shall be paid an annuity under the judicial
    19 33 retirement system in the manner provided in section
    19 34 602.9109, but computed under this section in lieu of
    19 35 section 602.9107, as follows:  The annuity paid to a
    19 36 senior judge or retired senior judge shall be an
    19 37 amount equal to the applicable percentage multiplier
    19 38 of the basic senior judge salary, multiplied by the
    19 39 judge's years of service prior to retirement as a
    19 40 judge of one or more of the courts included under this
    19 41 article, for which contributions were made to the
    19 42 system, except the annuity of the senior judge or
    19 43 retired senior judge shall not exceed an amount equal
    19 44 to the applicable specified percentage of the basic
    19 45 senior judge salary used in calculating the annuity.
    19 46 However, following the twelve=month period during
    19 47 which the senior judge or retired senior judge attains
    19 48 seventy=eight years of senior judge retirement age,
    19 49 the annuity paid to the person shall be an amount
    19 50 equal to the applicable percentage multiplier of the
    20  1 basic senior judge salary cap, multiplied by the
    20  2 judge's years of service prior to retirement as a
    20  3 judge of one or more of the courts included under this
    20  4 article, for which contributions were made to the
    20  5 system, except that the annuity shall not exceed an
    20  6 amount equal to the applicable specified percentage of
    20  7 the basic senior judge salary cap.  A senior judge or
    20  8 retired senior judge shall not receive benefits
    20  9 calculated using a basic senior judge salary
    20 10 established after the twelve=month period in which the
    20 11 senior judge or retired senior judge attains
    20 12 seventy=eight years of senior judge retirement age.
    20 13 The state shall provide, regardless of age, to an
    20 14 active senior judge or a senior judge with six years
    20 15 of service as a senior judge and to the judge's
    20 16 spouse, and pay for medical insurance until the judge
    20 17 attains the senior judge retirement age of
    20 18 seventy=eight years.
    20 19    Sec. 47.  Section 602.9204, subsection 2,
    20 20 paragraphs d and e, Code 2007, is amended to read as
    20 21 follows:
    20 22    d.  "Basic senior judge salary cap" means the basic
    20 23 senior judge salary, at the end of the twelve=month
    20 24 period during which the senior judge or retired senior
    20 25 judge attained seventy=eight years of senior judge
    20 26 retirement age, of the office in which the person last
    20 27 served as a judge before retirement as a judge or
    20 28 senior judge.
    20 29    e.  "Escalator" means the difference between the
    20 30 current basic salary, as of the time each payment is
    20 31 made up to and including the twelve=month period
    20 32 during which the senior judge or retired senior judge
    20 33 attains seventy=eight years of senior judge retirement
    20 34 age, of the office in which the senior judge last
    20 35 served as a judge before retirement as a judge or
    20 36 senior judge, and the basic annual salary which the
    20 37 judge is receiving at the time the judge becomes
    20 38 separated from full=time service as a judge of one or
    20 39 more of the courts included in this article, as would
    20 40 be used in computing an annuity pursuant to section
    20 41 602.9107 without service as a senior judge.
    20 42    Sec. 48.  Section 602.9207, subsection 1, Code
    20 43 2007, is amended to read as follows:
    20 44    1.  A senior judge shall cease to be a senior judge
    20 45 upon completion of the twelve=month period during
    20 46 which the judge attains seventy=eight years of senior
    20 47 judge retirement age.  The clerk of the supreme court
    20 48 shall make a notation of the retirement of a senior
    20 49 judge in the roster of senior judges, at which time
    20 50 the senior judge shall become a retired senior judge.
    21  1    Sec. 49.  Section 602.9208, subsection 1, Code
    21  2 2007, is amended to read as follows:
    21  3    1.  A senior judge, at any time prior to the end of
    21  4 the twelve=month period during which the judge attains
    21  5 seventy=eight years of senior judge retirement age,
    21  6 may submit to the clerk of the supreme court a written
    21  7 request that the judge's name be stricken from the
    21  8 roster of senior judges.  Upon the receipt of the
    21  9 request the clerk shall strike the name of the person
    21 10 from the roster of senior judges, at which time the
    21 11 person shall cease to be a senior judge.  A person who
    21 12 relinquishes a senior judgeship as provided in this
    21 13 subsection may be assigned to temporary judicial
    21 14 duties as provided in section 602.1612.
    21 15                      DIVISION    
    21 16               CORE CURRICULUM FOR SCHOOLS
    21 17    Sec. 50.  Section 256.7, subsection 26, Code
    21 18 Supplement 2007, as amended by 2008 Iowa Acts, Senate
    21 19 File 2216, section 1, is amended to read as follows:
    21 20    26.  a.  Adopt rules that establish a core
    21 21 curriculum and requiring, beginning with the students
    21 22 in the 2010==2011 school year graduating class, high
    21 23 school graduation requirements for all students in
    21 24 school districts and accredited nonpublic schools that
    21 25 include at a minimum satisfactory completion of four
    21 26 years of English and language arts, three years of
    21 27 mathematics, three years of science, and three years
    21 28 of social studies.  The core curriculum adopted shall
    21 29 address the core content standards in subsection 28
    21 30 and the skills and knowledge students need to be
    21 31 successful in the twenty=first century.  The core
    21 32 curriculum shall include social studies and
    21 33 twenty=first century learning skills which include but
    21 34 are not limited to civic literacy, health literacy,
    21 35 technology literacy, financial literacy, and
    21 36 employability skills; and shall address the curricular
    21 37 needs of students in kindergarten through grade twelve
    21 38 in those areas.  For purposes of this subsection,
    21 39 "financial literacy" shall include but not be limited
    21 40 to financial responsibility and planning skills; money
    21 41 management skills, including setting financial goals,
    21 42 creating spending plans, and using financial
    21 43 instruments; applying decision=making skills to
    21 44 analyze debt incurrence and debt management;
    21 45 understanding risk management, including the features
    21 46 and functions of insurance; and understanding saving
    21 47 and investing as applied to long=term financial
    21 48 security and asset building.  The department shall
    21 49 further define the twenty=first century learning
    21 50 skills components by rule.
    22  1    b.  Continue the inclusive process begun during the
    22  2 initial development of a core curriculum for grades
    22  3 nine through twelve including stakeholder involvement,
    22  4 including but not limited to representatives from the
    22  5 private sector and the business community, and
    22  6 alignment of the core curriculum to other recognized
    22  7 sets of national and international standards.  The
    22  8 state board shall also recommend quality assessments
    22  9 to school districts and accredited nonpublic schools
    22 10 to measure the core curriculum.
    22 11    The state board shall not require school districts
    22 12 or accredited nonpublic schools to adopt a specific
    22 13 textbook or textbook series to meet the core
    22 14 curriculum requirements of Neither the state board nor
    22 15 the department shall require school districts or
    22 16 accredited nonpublic schools to adopt a specific
    22 17 textbook, textbook series, or specific instructional
    22 18 methodology, or acquire specific textbooks, curriculum
    22 19 materials, or educational products from a specific
    22 20 vendor in order to meet the core curriculum
    22 21 requirements of this subsection or the core content
    22 22 standards adopted pursuant to subsection 28.
    22 23    Sec. 51.  Section 256.9, subsection 57, as enacted
    22 24 by 2008 Iowa Acts, section 2, is amended to read as
    22 25 follows:
    22 26    57.  a.  Develop and distribute, in collaboration
    22 27 with the area education agencies, core curriculum
    22 28 technical assistance and implementation strategies
    22 29 that school districts and accredited nonpublic schools
    22 30 may shall utilize, including but not limited to the
    22 31 development and delivery of formative and
    22 32 end=of=course model assessments classroom teachers can
    22 33 may use to measure student progress on the core
    22 34 curriculum adopted pursuant to section 256.7,
    22 35 subsection 26.  The department shall continue to
    22 36 collaborate with Iowa testing programs on the
    22 37 development of, in collaboration with the advisory
    22 38 group convened in accordance with paragraph "b" and
    22 39 educational assessment providers, identify and make
    22 40 available to school districts end=of=course and
    22 41 additional model end=of=course and additional
    22 42 assessments to align with the expectations included in
    22 43 the Iowa core curriculum.  The model assessments shall
    22 44 be suitable to meet the multiple assessment measures
    22 45 requirement specified in section 256.7, subsection 21,
    22 46 paragraph "c".
    22 47    b.  Convene an advisory group comprised of
    22 48 education stakeholders including but not limited to
    22 49 school district and accredited nonpublic school
    22 50 teachers, school administrators, higher education
    23  1 faculty who teach in the subjects for which the
    23  2 curriculum is being adopted, private sector employers,
    23  3 members of the boards of directors of school
    23  4 districts, and individuals representing the
    23  5 educational assessment providers.  The task force
    23  6 shall review the national assessment of educational
    23  7 progress standards and assessments used by other
    23  8 states, and shall consider standards identified as
    23  9 best practices in the field of study by the national
    23 10 councils of teachers of English and mathematics, the
    23 11 national council for the social studies, the national
    23 12 science teachers association, and other recognized
    23 13 experts.
    23 14    Sec. 52.  Section 257.11, Code Supplement 2007, is
    23 15 amended by adding the following new subsection:
    23 16    NEW SUBSECTION.  8A.  A school district shall
    23 17 ensure that any course made available to a student
    23 18 through any sharing agreement between the school
    23 19 district and a community college or any other entity
    23 20 providing course programming pursuant to this section
    23 21 to students enrolled in the school district meets the
    23 22 expectations contained in the core curriculum adopted
    23 23 pursuant to section 256.7, subsection 26.  The school
    23 24 district shall ensure that any course that has the
    23 25 capacity to generate college credit shall be
    23 26 equivalent to college=level work.
    23 27    Sec. 53.  Section 280.2, Code 2007, is amended to
    23 28 read as follows:
    23 29    280.2  DEFINITIONS.
    23 30    The term "public school" means any school directly
    23 31 supported in whole or in part by taxation.  The term
    23 32 "nonpublic school" means any other school which is
    23 33 accredited or which uses licensed practitioners as
    23 34 instructors pursuant to section 256.11.
    23 35    Sec. 54.  2008 Iowa Acts, Senate File 2216, section
    23 36 6, is amended to read as follows:
    23 37    SEC. 6.  DEPARTMENT OF EDUCATION == CORE CURRICULUM
    23 38 STUDY.  The department of education shall conduct a
    23 39 study of the measures necessary for the successful
    23 40 adoption by the state's school districts and
    23 41 accredited nonpublic schools of core curriculums and
    23 42 core content standards established by rule pursuant to
    23 43 section 256.7, subsections 26 and 28.  The study shall
    23 44 include an examination of the possible future
    23 45 expansion of the core curriculum to include content
    23 46 areas not currently included under section 256.7,
    23 47 subsection 26, including but not limited to fine arts,
    23 48 applied arts, humanities, and world languages.  The
    23 49 department shall submit its findings and
    23 50 recommendations, including recommendations for
    24  1 statutory and administrative rule changes necessary,
    24  2 to the general assembly by November 14, 2008.
    24  3                      DIVISION    
    24  4        PUBLIC INFORMATION BOARD == APPROPRIATION
    24  5    Sec. 55.  Section 21.6, subsection 3, paragraph a,
    24  6 subparagraph (3), Code 2007, is amended to read as
    24  7 follows:
    24  8    (3)  Reasonably relied upon a decision of a court,
    24  9 or a formal opinion of the Iowa public information
    24 10 board, the attorney general, or the attorney for the
    24 11 governmental body, given in writing, or as
    24 12 memorialized in the minutes of the meeting at which a
    24 13 formal oral opinion was given, or an advisory opinion
    24 14 of the Iowa public information board, the attorney
    24 15 general, or the attorney for the governmental body,
    24 16 given in writing.
    24 17    Sec. 56.  Section 21.6, subsection 3, paragraph d,
    24 18 Code 2007, is amended to read as follows:
    24 19    d.  Shall issue an order removing a member of a
    24 20 governmental body from office if that member has
    24 21 engaged in a prior violation of this chapter for which
    24 22 damages were assessed against the member during the
    24 23 member's term.  In making this determination, the
    24 24 court shall recognize violations for which damages
    24 25 were assessed by the Iowa public information board
    24 26 created in section 23.3.
    24 27    Sec. 57.  Section 22.10, subsection 3, paragraphs b
    24 28 and d, Code 2007, are amended to read as follows:
    24 29    b.  Shall assess the persons who participated in
    24 30 its violation damages in the amount of not more than
    24 31 five hundred dollars nor less than one hundred
    24 32 dollars.  These damages shall be paid by the court
    24 33 imposing them to the state of Iowa if the body in
    24 34 question is a state government body, or to the local
    24 35 government involved if the body in question is a local
    24 36 government body.  A person found to have violated this
    24 37 chapter shall not be assessed such damages if that
    24 38 person proves that the person either voted against the
    24 39 action violating this chapter, refused to participate
    24 40 in the action violating this chapter, or engaged in
    24 41 reasonable efforts under the circumstances to resist
    24 42 or prevent the action in violation of this chapter;
    24 43 had good reason to believe and in good faith believed
    24 44 facts which, if true, would have indicated compliance
    24 45 with the requirements of this chapter; or reasonably
    24 46 relied upon a decision of a court or an a formal
    24 47 opinion of the Iowa public information board, the
    24 48 attorney general or the attorney for the government
    24 49 body, given in writing or as memorialized in the
    24 50 minutes of the meeting at which a formal oral opinion
    25  1 was given, or an advisory opinion of the Iowa public
    25  2 information board, the attorney general, or the
    25  3 attorney for the government body, given in writing.
    25  4    d.  Shall issue an order removing a person from
    25  5 office if that person has engaged in a prior violation
    25  6 of this chapter for which damages were assessed
    25  7 against the person during the person's term.  In
    25  8 making this determination, the court shall recognize
    25  9 violations for which damages were assessed by the Iowa
    25 10 public information board created in section 23.3.
    25 11    Sec. 58.  NEW SECTION.  23.1  CITATION AND PURPOSE.
    25 12    This chapter may be cited as the "Iowa Public
    25 13 Information Board Act".  The purpose of this chapter
    25 14 is to provide an alternative means by which to secure
    25 15 compliance with and enforcement of the requirements of
    25 16 chapters 21 and 22 through the provision by the Iowa
    25 17 public information board to all interested parties of
    25 18 an efficient, informal, and cost=effective process for
    25 19 resolving disputes.
    25 20    Sec. 59.  NEW SECTION.  23.2  DEFINITIONS.
    25 21    1.  "Board" means the Iowa public information board
    25 22 created in section 23.3.
    25 23    2.  "Complainant" means a person who files a
    25 24 complaint with the board.
    25 25    3.  "Complaint" means a written and signed document
    25 26 filed with the board alleging a violation of chapter
    25 27 21 or 22.
    25 28    4.  "Custodian" means a government body, government
    25 29 official, or government employee designated as the
    25 30 lawful custodian of a government record pursuant to
    25 31 section 22.1.
    25 32    5.  "Government body" means the same as defined in
    25 33 section 22.1.
    25 34    6.  "Person" means an individual, partnership,
    25 35 association, corporation, legal representative,
    25 36 trustee, receiver, custodian, government body, or
    25 37 official, employee, agency, or political subdivision
    25 38 of this state.
    25 39    7.  "Respondent" means any agency or other unit of
    25 40 state or local government, custodian, government
    25 41 official, or government employee who is the subject of
    25 42 a complaint.
    25 43    Sec. 60.  NEW SECTION.  23.3  BOARD APPOINTED.
    25 44    1.  An Iowa public information board is created
    25 45 consisting of five members appointed by the governor,
    25 46 subject to confirmation by the senate.  Membership
    25 47 shall be balanced as to political affiliation as
    25 48 provided in section 69.16 and gender as provided in
    25 49 section 69.16A.  Members appointed to the board shall
    25 50 serve staggered, four=year terms, beginning and ending
    26  1 as provided by section 69.19.  A quorum shall consist
    26  2 of three members.
    26  3    2.  A vacancy on the board shall be filled by the
    26  4 governor by appointment for the unexpired part of the
    26  5 term.  A board member may be removed from office by
    26  6 the governor for good cause.  The board shall select
    26  7 one of its members to serve as chair and shall employ
    26  8 a director who shall serve as the executive officer of
    26  9 the board.
    26 10    Sec. 61.  NEW SECTION.  23.4  COMPENSATION AND
    26 11 EXPENSES.
    26 12    Board members shall be paid a per diem as specified
    26 13 in section 7E.6 and shall be reimbursed for actual and
    26 14 necessary expenses incurred while on official board
    26 15 business.  Per diem and expenses shall be paid from
    26 16 funds appropriated to the board.
    26 17    Sec. 62.  NEW SECTION.  23.5  ELECTION OF REMEDIES.
    26 18    1.  An aggrieved person, any taxpayer to or citizen
    26 19 of this state, the attorney general, or any county
    26 20 attorney may seek enforcement of the requirements of
    26 21 chapters 21 and 22 by electing either to file an
    26 22 action pursuant to section 17A.19, 21.6, or 22.10,
    26 23 whichever is applicable, or in the alternative, to
    26 24 file a timely complaint with the board.
    26 25    2.  If more than one person seeks enforcement of
    26 26 chapter 21 or 22 with respect to the same incident
    26 27 involving an alleged violation, and one or more of
    26 28 such persons elects to do so by filing an action under
    26 29 section 17A.19, 21.6, or 22.10 and one or more of such
    26 30 persons elects to do so by filing a timely complaint
    26 31 with the board, the court in which the action was
    26 32 filed shall dismiss the action without prejudice,
    26 33 authorizing the complainant to file a complaint with
    26 34 respect to the same incident with the board without
    26 35 regard to the timeliness of the filing of the
    26 36 complaint at the time the action in court is
    26 37 dismissed.
    26 38    3.  If a person files an action pursuant to section
    26 39 22.8 seeking to enjoin the inspection of a public
    26 40 record, the respondent or person requesting access to
    26 41 the record which is the subject of the request for
    26 42 injunction may remove the proceeding to the board for
    26 43 its determination by filing, within thirty days of the
    26 44 commencement of the judicial proceeding, a complaint
    26 45 with the board alleging a violation of chapter 22 in
    26 46 regard to the same matter.
    26 47    Sec. 63.  NEW SECTION.  23.6  BOARD POWERS AND
    26 48 DUTIES.
    26 49    The board shall have all of the following powers
    26 50 and duties:
    27  1    1.  Employ such employees as are necessary to
    27  2 execute its authority, including administrative law
    27  3 judges, and attorneys to prosecute respondents in
    27  4 proceedings before the board and to represent the
    27  5 board in proceedings before a court.  Notwithstanding
    27  6 section 8A.412, all of the board's employees, except
    27  7 for the executive director and attorneys, shall be
    27  8 employed subject to the merit system provisions of
    27  9 chapter 8A, subchapter IV.
    27 10    2.  Adopt rules with the force of law pursuant to
    27 11 chapter 17A calculated to implement, enforce, and
    27 12 interpret the requirements of chapters 21 and 22 and
    27 13 to implement any authority delegated to the board by
    27 14 this chapter.
    27 15    3.  Issue, consistent with the requirements of
    27 16 section 17A.9, declaratory orders with the force of
    27 17 law determining the applicability of chapter 21 or 22
    27 18 to specified fact situations and issue informal advice
    27 19 to any person concerning the applicability of chapters
    27 20 21 and 22.
    27 21    4.  Receive complaints alleging violations of
    27 22 chapter 21 or 22, seek resolution of such complaints
    27 23 through informal assistance or through mediation and
    27 24 settlement, formally investigate such complaints,
    27 25 decide after such an investigation whether there is
    27 26 probable cause to believe a violation of chapter 21 or
    27 27 22 has occurred, and if probable cause has been found
    27 28 prosecute the respondent before the board in a
    27 29 contested case proceeding conducted according to the
    27 30 provisions of chapter 17A.
    27 31    5.  Request and receive from a government body
    27 32 assistance and information as necessary in the
    27 33 performance of its duties.  The board may examine a
    27 34 record of a government body that is the subject matter
    27 35 of a complaint, including any record that is
    27 36 confidential by law.  Confidential records provided to
    27 37 the board by a governmental body shall continue to
    27 38 maintain their confidential status.  Any member or
    27 39 employee of the board is subject to the same policies
    27 40 and penalties regarding the confidentiality of the
    27 41 document as an employee of the government body.
    27 42    6.  Issue subpoenas enforceable in court for the
    27 43 purpose of investigating complaints and to facilitate
    27 44 the prosecution and conduct of contested cases before
    27 45 the board.
    27 46    7.  After appropriate board proceedings, issue
    27 47 orders with the force of law, determining whether
    27 48 there has been a violation of chapter 21 or 22,
    27 49 requiring compliance with specified provisions of
    27 50 those chapters, imposing civil penalties equivalent to
    28  1 and to the same extent as those provided for in
    28  2 section 21.6 or 22.10, as applicable, on a respondent
    28  3 who has been found in violation of chapter 21 or 22,
    28  4 and imposing any other appropriate remedies calculated
    28  5 to declare, terminate, or remediate any violation of
    28  6 those chapters.
    28  7    8.  Represent itself in judicial proceedings to
    28  8 enforce or defend its orders and rules through
    28  9 attorneys on its own staff, through the office of the
    28 10 attorney general, or through other attorneys retained
    28 11 by the board, at its option.
    28 12    9.  Make training opportunities available to lawful
    28 13 custodians, government bodies, and other persons
    28 14 subject to the requirements of chapters 21 and 22 and
    28 15 require, in its discretion, appropriate persons who
    28 16 have responsibilities in relation to chapters 21 and
    28 17 22 to receive periodic training approved by the board.
    28 18    10.  Disseminate information calculated to inform
    28 19 members of the public about the public's right to
    28 20 access government information in this state including
    28 21 procedures to facilitate this access and including
    28 22 information relating to the obligations of government
    28 23 bodies under chapter 21 and lawful custodians under
    28 24 chapter 22 and other laws dealing with this subject.
    28 25    11.  Prepare and transmit to the governor and to
    28 26 the general assembly, at least annually, reports
    28 27 describing complaints received, board proceedings,
    28 28 investigations, hearings conducted, decisions
    28 29 rendered, and other work performed by the board.
    28 30    12.  Make recommendations to the general assembly
    28 31 proposing legislation relating to public access to
    28 32 government information deemed desirable by the board
    28 33 in light of the policy of this state to provide as
    28 34 much public access as possible to government
    28 35 information as is consistent with the public interest
    28 36 and the need to protect individuals against undue
    28 37 invasions of personal privacy.
    28 38    Sec. 64.  NEW SECTION.  23.7  FILING OF COMPLAINTS
    28 39 WITH THE BOARD.
    28 40    1.  The board shall adopt rules with the force of
    28 41 law and pursuant to chapter 17A providing for the
    28 42 timing, form, content, and means by which any
    28 43 aggrieved person, any taxpayer to or citizen of this
    28 44 state, the attorney general, or any county attorney
    28 45 may file a complaint with the board alleging a
    28 46 violation of chapter 21 or 22.  The complaint must be
    28 47 filed within sixty days from the time the alleged
    28 48 violation occurred or the complainant could have
    28 49 become aware of the violation with reasonable
    28 50 diligence.
    29  1    2.  All board proceedings in response to the filing
    29  2 of a complaint shall be conducted as expeditiously as
    29  3 possible.
    29  4    3.  The board shall not charge a complainant any
    29  5 fee in relation to the filing of a complaint, the
    29  6 processing of a complaint, or any board proceeding or
    29  7 judicial proceeding resulting from the filing of a
    29  8 complaint.
    29  9    Sec. 65.  NEW SECTION.  23.8  INITIAL PROCESSING OF
    29 10 COMPLAINT.
    29 11    Upon receipt of a complaint alleging a violation of
    29 12 chapter 21 or 22, the board shall do either of the
    29 13 following:
    29 14    1.  Determine that, on its face, the complaint is
    29 15 within the board's jurisdiction, appears legally
    29 16 sufficient, and could have merit.  In such a case the
    29 17 board shall accept the complaint, and shall notify the
    29 18 parties of that fact in writing.
    29 19    2.  Determine that, on its face, the complaint is
    29 20 outside its jurisdiction, is legally insufficient, is
    29 21 frivolous, is without merit, involves harmless error,
    29 22 or relates to a specific incident that has previously
    29 23 been finally disposed of on its merits by the board or
    29 24 a court.  In such a case the board shall decline to
    29 25 accept the complaint.  If the board refuses to accept
    29 26 a complaint, the board shall provide the complainant
    29 27 with a written order explaining its reasons for the
    29 28 action.
    29 29    Sec. 66.  NEW SECTION.  23.9  INFORMAL ASSISTANCE
    29 30 == MEDIATION AND SETTLEMENT.
    29 31    1.  After accepting a complaint, the board shall
    29 32 promptly work with the parties through its employees
    29 33 to reach an informal, expeditious resolution of the
    29 34 complaint.  If an informal resolution satisfactory to
    29 35 the parties cannot be reached, the board or the
    29 36 board's designee shall offer the parties an
    29 37 opportunity to resolve the dispute through mediation
    29 38 and settlement.
    29 39    2.  The mediation and settlement process shall
    29 40 enable the complainant to attempt to resolve the
    29 41 dispute with the aid of a neutral mediator employed
    29 42 and selected by the board, in its discretion, from
    29 43 either its own staff or an outside source.
    29 44    3.  Mediation shall be conducted as an informal,
    29 45 nonadversarial process and in a manner calculated to
    29 46 help the parties reach a mutually acceptable and
    29 47 voluntary settlement agreement.  The mediator shall
    29 48 assist the parties in identifying issues and shall
    29 49 foster joint problem solving and the exploration of
    29 50 settlement alternatives.
    30  1    Sec. 67.  NEW SECTION.  23.10  ENFORCEMENT.
    30  2    1.  If any party declines mediation or settlement
    30  3 or if mediation or settlement fails to resolve the
    30  4 matter to the satisfaction of all parties, the board
    30  5 shall initiate a formal investigation concerning the
    30  6 facts and circumstances set forth in the complaint.
    30  7 The board shall, after an appropriate investigation,
    30  8 make a determination as to whether the complaint is
    30  9 within the board's jurisdiction and whether there is
    30 10 probable cause to believe that the facts and
    30 11 circumstances alleged in the complaint constitute a
    30 12 violation of chapter 21 or 22.
    30 13    2.  If the board finds the complaint is outside the
    30 14 board's jurisdiction or there is no probable cause to
    30 15 believe there has been a violation of chapter 21 or
    30 16 22, the board shall issue a written order explaining
    30 17 the reasons for the board's conclusions and dismissing
    30 18 the complaint, and shall transmit a copy to the
    30 19 complainant and to the party against whom the
    30 20 complaint was filed.
    30 21    3.  a.  If the board finds the complaint is within
    30 22 the board's jurisdiction and there is probable cause
    30 23 to believe there has been a violation of chapter 21 or
    30 24 22, the board shall issue a written order to that
    30 25 effect and shall commence a contested case proceeding
    30 26 under chapter 17A against the respondent.  An attorney
    30 27 selected by the director of the board shall prosecute
    30 28 the respondent in the contested case proceeding.  At
    30 29 the termination of the contested case proceeding the
    30 30 board shall, by a majority vote of its members, render
    30 31 a final decision as to the merits of the complaint.
    30 32 If the board finds that the complaint has merit, the
    30 33 board may issue any appropriate order to ensure
    30 34 enforcement of chapter 21 or 22 including but not
    30 35 limited to an order requiring specified action or
    30 36 prohibiting specified action and any appropriate order
    30 37 to remedy any failure of the respondent to observe any
    30 38 provision of those chapters.
    30 39    b.  If the board determines, by a majority vote of
    30 40 its members, that the respondent has violated chapter
    30 41 21 or 22, the board may also do any or all of the
    30 42 following:
    30 43    (1)  Require the respondent to pay damages as
    30 44 provided for in section 21.6 or 22.10, whichever is
    30 45 applicable, to the extent that provision would make
    30 46 such damages payable if the complainant had sought to
    30 47 enforce a violation in court instead of through the
    30 48 board.
    30 49    (2)  Void any action taken in violation of chapter
    30 50 21 if a court would be authorized to do so in similar
    31  1 circumstances pursuant to section 21.6.
    31  2    c.  The board shall not have the authority to
    31  3 remove a person from public office for a violation of
    31  4 chapter 21 or 22.  The board may file an action under
    31  5 chapter 21 or 22 to remove a person from office for
    31  6 violations that would subject a person to removal
    31  7 under those chapters.
    31  8    d.  A final board order resulting from such
    31  9 proceedings may be enforced by the board in court and
    31 10 is subject to judicial review pursuant to section
    31 11 17A.19.
    31 12    Sec. 68.  NEW SECTION.  23.11  DEFENSES IN A
    31 13 CONTESTED CASE PROCEEDING.
    31 14    A respondent may defend against a proceeding before
    31 15 the board charging a violation of chapter 21 or 22 on
    31 16 the ground that if such a violation occurred it was
    31 17 only harmless error or that clear and convincing
    31 18 evidence demonstrated that grounds existed to justify
    31 19 a court to issue an injunction against disclosure
    31 20 pursuant to section 22.8.
    31 21    Sec. 69.  NEW SECTION.  23.12  JURISDICTION.
    31 22    The board shall not have jurisdiction over the
    31 23 judicial or legislative branches of state government
    31 24 or any entity, officer, or employee of those branches,
    31 25 or over the governor or the office of the governor.
    31 26    Sec. 70.  IOWA PUBLIC INFORMATION BOARD ==
    31 27 TRANSITION PROVISIONS.
    31 28    1.  The initial members of the Iowa public
    31 29 information board established pursuant to this
    31 30 division of this Act shall be appointed by September
    31 31 1, 2008.
    31 32    2.  Notwithstanding any provision of this division
    31 33 of this Act to the contrary, the director of the board
    31 34 and employees of the board shall not be hired prior to
    31 35 July 1, 2009.
    31 36    3.  Prior to July 1, 2009, the board shall submit a
    31 37 report to the governor and the general assembly.  The
    31 38 report shall include a job description for the
    31 39 executive director of the board, goals for board
    31 40 operations, and performance measures to measure
    31 41 achievement of the board's goals.
    31 42    Sec. 71.  APPROPRIATION == IOWA PUBLIC INFORMATION
    31 43 BOARD.  There is appropriated from the general fund of
    31 44 the state to the department of management for the
    31 45 fiscal year beginning July 1, 2008, and ending June
    31 46 30, 2009, the following amount, or so much thereof as
    31 47 is necessary, to be used for the following purpose:
    31 48    For the initial expenses of the Iowa public
    31 49 information board as established in this division of
    31 50 this Act:
    32  1 .................................................. $      6,000
    32  2    Sec. 72.  LEGISLATIVE INTENT == OPEN MEETINGS AND
    32  3 PUBLIC RECORDS LAWS.  It is the intent of the general
    32  4 assembly to provide as much transparency in government
    32  5 operations as possible consistent with the need to
    32  6 avoid undue invasions of personal privacy and the need
    32  7 to avoid significant interference with the achievement
    32  8 of other important and legitimate state objectives.
    32  9 To these ends, the general assembly will continue to
    32 10 consider and make any necessary technical, practical,
    32 11 and policy revisions to Iowa's open meetings law,
    32 12 chapter 21, and Iowa's public records law, chapter 22.
    32 13                      DIVISION ___
    32 14            WAGE=BENEFITS TAX CREDIT PROGRAM
    32 15    Sec. 73.  Section 15.335A, subsection 2, paragraphs
    32 16 b and c, Code 2007, are amended by striking the
    32 17 paragraphs and inserting in lieu thereof the
    32 18 following:
    32 19    b.  "Average county wage" means the annualized,
    32 20 average hourly wage based on wage information compiled
    32 21 by the department of workforce development.
    32 22    c.  "Benefits" means all of the following:
    32 23    (1)  Medical and dental insurance plans.  If an
    32 24 employer offers medical insurance under both single
    32 25 and family coverage plans, the employer shall be given
    32 26 credit for providing medical insurance under family
    32 27 coverage plans to all new employees.
    32 28    (2)  Pension and profit sharing plans.
    32 29    (3)  Child care services.
    32 30    (4)  Life insurance coverage.
    32 31    (5)  Other benefits identified by rule of the
    32 32 department of revenue.
    32 33    Sec. 74.  Section 15.336, Code 2007, is amended to
    32 34 read as follows:
    32 35    15.336  OTHER INCENTIVES.
    32 36    An eligible business may receive other applicable
    32 37 federal, state, and local incentives and credits in
    32 38 addition to those provided in this part.  However, a
    32 39 business which participates in the program under this
    32 40 part shall not receive any wage=benefits tax credits
    32 41 under chapter 15I.
    32 42    Sec. 75.  Section 15G.112, subsection 1, Code 2007,
    32 43 is amended to read as follows:
    32 44    1.  In order to receive financial assistance from
    32 45 the department from moneys appropriated from the grow
    32 46 Iowa values fund, the average annual wage, including
    32 47 benefits, of new jobs created must be equal to or
    32 48 greater than one hundred thirty percent of the average
    32 49 county wage.  For purposes of this section, "average
    32 50 county wage" and "benefits" mean the same as defined
    33  1 in section 15I.1 15.335A.
    33  2    Sec. 76.  Section 422.33, subsection 18, Code
    33  3 Supplement 2007, is amended by striking the
    33  4 subsection.
    33  5    Sec. 77.  Section 422.60, subsection 10, Code
    33  6 Supplement 2007, is amended by striking the
    33  7 subsection.
    33  8    Sec. 78.  Section 533.329, subsection 2, paragraph
    33  9 m, Code Supplement 2007, is amended by striking the
    33 10 subsection.
    33 11    Sec. 79.  Sections 15I.2, 15I.3, and 422.11L, Code
    33 12 Supplement 2007, are repealed.
    33 13    Sec. 80.  Sections 15I.1, 15I.4, 15I.5, and
    33 14 432.12G, Code 2007, are repealed.
    33 15    Sec. 81.  CONTINUATION OF TAX CREDITS.  The repeal
    33 16 of chapter 15I in this division of this Act does not
    33 17 affect the availability of tax credits for qualified
    33 18 new jobs in existence on June 30, 2008.  Qualified new
    33 19 jobs in existence on June 30, 2008, shall continue to
    33 20 be eligible to receive the tax credits for the
    33 21 remainder of the five=year period.  However, a
    33 22 business is not entitled to a tax credit for a
    33 23 qualified new job created on or after July 1, 2008.>
    33 24 #27.  By renumbering, relettering, or redesignating
    33 25 and correcting internal references as necessary.
    33 26 HF 2700.s
    33 27 mg/ml/12

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