Senate Amendment 3532


PAG LIN




     1  1    Amend Senate File 601, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 3, line 11, by striking the figure
     1  4 <157,868,964> and inserting the following:
     1  5 <131,868,964>.
     1  6 #2.  Page 3, line 24, by striking the figure
     1  7 <2,000,000> and inserting the following:
     1  8 <28,000,000>.
     1  9 #3.  Page 4, by striking line 1 the inserting the
     1 10 following:
     1 11 <.................................................. $ 99,254,781>
     1 12 #4.  Page 4, by striking line 10 and inserting the
     1 13 following:
     1 14 <.................................................. $ 23,204,000>
     1 15 #5.  Page 5, by inserting after line 5 the
     1 16 following:
     1 17    <Sec.    .  UNDERGROUND STORAGE TANK FUND.
     1 18 Notwithstanding section 455G.3, subsection 1, there is
     1 19 transferred from the Iowa comprehensive petroleum
     1 20 underground storage tank fund created in section
     1 21 455G.3, subsection 1, to the general fund of the state
     1 22 during the fiscal year beginning July 1, 2007, and
     1 23 ending June 30, 2008, the following amount:
     1 24 .................................................. $  3,000,000>
     1 25 #6.  By striking page 6, line 23, through page 7,
     1 26 line 10, and inserting the following:
     1 27    <a.  Chief justice of the supreme court:
     1 28 .................................................. $    153,109
     1 29    b.  Each justice of the supreme court:
     1 30 .................................................. $    146,890
     1 31    c.  Chief judge of the court of appeals:
     1 32 .................................................. $    141,731
     1 33    d.  Each associate judge of the court of appeals:
     1 34 .................................................. $    136,739
     1 35    e.  Each chief judge of a judicial district:
     1 36 .................................................. $    133,619
     1 37    f.  Each district judge except the chief judge of a
     1 38 judicial district:
     1 39 .................................................. $    128,544
     1 40    g.  Each district associate judge:
     1 41 .................................................. $    113,214
     1 42    h.  Each associate juvenile judge:
     1 43 .................................................. $    113,214
     1 44    i.  Each associate probate judge:
     1 45 .................................................. $    113,214
     1 46    j.  Each judicial magistrate:
     1 47 .................................................. $     34,882
     1 48    k.  Each senior judge:
     1 49 .................................................. $      7,238>
     1 50 #7.  Page 10, line 31, by striking the figure
     2  1 <108,598,094> and inserting the following:
     2  2 <106,848,094>.
     2  3 #8.  Page 12, line 10, by striking the figure
     2  4 <8,171,248> and inserting the following:  <6,771,248>.
     2  5 #9.  Page 15, line 27, by striking the figure
     2  6 <750,000> and inserting the following:  <400,000>.
     2  7 #10.  Page 16, by striking lines 15 through 23.
     2  8 #11.  Page 19, by striking lines 4 through 12.
     2  9 #12.  Page 21, line 1, by striking the figure
     2 10 <75,000> and inserting the following:  <50,000>.
     2 11 #13.  Page 21, by striking lines 21 through 31.
     2 12 #14.  Page 22, line 10, by striking the figure
     2 13 <2,000,000> and inserting the following:  <500,000>.
     2 14 #15.  Page 23, line 9, by striking the figure
     2 15 <500,000> and inserting the following:  <200,000>.
     2 16 #16.  By striking page 25, line 29, through page
     2 17 26, line 2.
     2 18 #17.  By striking page 26, line 35, through page
     2 19 27, line 13.
     2 20 #18.  Page 27, by inserting after line 25 the
     2 21 following:
     2 22    <Sec.    .  2007 Iowa Acts, House File 874, section
     2 23 7, subsection 4, paragraph a, if enacted, is amended
     2 24 to read as follows:
     2 25    a.  For salaries, support, maintenance, and
     2 26 miscellaneous purposes, and for not more than the
     2 27 following full=time equivalent positions:
     2 28 .................................................. $  4,655,809
     2 29 ............................................... FTEs     100.50
     2 30                                                          101.00
     2 31    Sec.    .  OFFICE OF ENERGY INDEPENDENCE.  If 2007
     2 32 Iowa Acts, House File 927, is enacted and provides for
     2 33 an appropriation from the general fund of the state to
     2 34 the office of energy independence for the fiscal year
     2 35 beginning July 1, 2006, and ending June 30, 2007,
     2 36 allocations from that appropriation for administrative
     2 37 costs shall be for not more than the following
     2 38 full=time equivalent positions:
     2 39 ............................................... FTEs       4.00>
     2 40 #19.  Page 27, by inserting after line 31 the
     2 41 following:
     2 42    <Sec.    .  STATE BOARD OF REGENTS == ARTICULATION
     2 43 WEBSITE.  The general assembly finds that as college
     2 44 costs increase, Iowa's community college students need
     2 45 access to resources that allow the students to make
     2 46 informed, cost=effective decisions regarding their
     2 47 postsecondary education plans.  It is the intent of
     2 48 the general assembly to provide for a seamless
     2 49 transition for students transferring from Iowa's
     2 50 community colleges to Iowa's state universities.
     3  1 Therefore, the state board of regents shall, in
     3  2 cooperation with the department of education and the
     3  3 community colleges, develop, maintain, and promote a
     3  4 user=friendly credit transfer and articulation
     3  5 internet website that allows Iowans to know at the
     3  6 time of enrollment in a community college course
     3  7 whether the credit will be accepted by the state
     3  8 university of the student's choice, the category in
     3  9 which the university will apply the credit, and to
     3 10 which degree program or programs the university will
     3 11 apply the credit.  The board and the community
     3 12 colleges shall continuously strive to improve upon the
     3 13 coordinating efforts between the state universities
     3 14 and the community colleges to map and articulate
     3 15 community college courses for college credit with the
     3 16 degree programs offered at the state universities.
     3 17 The website shall be operational not later than July
     3 18 1, 2008.>
     3 19 #20.  By striking page 30, line 21, through page
     3 20 31, line 17.
     3 21 #21.  Page 33, by inserting after line 6 the
     3 22 following:
     3 23    <Sec.    .  Section 469.10, subsection 2, if
     3 24 enacted by 2007 Iowa Acts, House File 927, is amended
     3 25 to read as follows:
     3 26    2.  Of the moneys appropriated to the office and
     3 27 deposited in the fund, the office shall utilize up to
     3 28 one and five=tenths percent of the amount appropriated
     3 29 from the fund for a fiscal year for administrative
     3 30 costs.  From the funds available for administrative
     3 31 costs, the office shall not employ more than four
     3 32 full=time equivalent positions.>
     3 33 #22.  Page 35, by inserting after line 11 the
     3 34 following:
     3 35                      <DIVISION    
     3 36                APPROPRIATION ADJUSTMENTS
     3 37    Sec.    .  VETERANS HOME OWNERSHIP ASSISTANCE
     3 38 PROGRAM.
     3 39    1.  There is appropriated from the rebuild Iowa
     3 40 infrastructure fund to the department of veterans
     3 41 affairs for the fiscal year beginning July 1, 2007,
     3 42 and ending June 30, 2008, the following amount, or so
     3 43 much thereof as is necessary, to be used for the
     3 44 purpose designated:
     3 45    For transfer to the Iowa finance authority to be
     3 46 used for continuation of the home ownership assistance
     3 47 program for persons who are or were eligible members
     3 48 of the armed forces of the United States, in
     3 49 accordance with section 35A.15, as enacted by 2007
     3 50 Iowa Acts, Senate File 407, notwithstanding section
     4  1 8.57, subsection 6, paragraph "c":
     4  2 .................................................. $  1,000,000
     4  3    2.  Of the funds transferred pursuant to this
     4  4 section, the Iowa finance authority may retain not
     4  5 more than $20,000 for administrative purposes.
     4  6    3.  Of the amount transferred to the Iowa finance
     4  7 authority pursuant to this section, not more than
     4  8 $50,000 shall be transferred to the department of
     4  9 public defense to be used for the enduring families
     4 10 program.
     4 11    4.  Notwithstanding section 8.33, moneys
     4 12 appropriated or transferred in this section that
     4 13 remain unencumbered or unobligated at the close of the
     4 14 fiscal year shall not revert but shall remain
     4 15 available for expenditure for the purposes designated
     4 16 until the close of the succeeding fiscal year.
     4 17    Sec.    .  2007 Iowa Acts, Senate File 562, section
     4 18 3, subsection 3, paragraphs a and d, if enacted, are
     4 19 amended to read as follows:
     4 20    a.  Community development programs
     4 21    For salaries, support, maintenance, miscellaneous
     4 22 purposes, community economic development programs,
     4 23 tourism operations, community assistance, the
     4 24 mainstreet and rural mainstreet programs, the
     4 25 school=to=career program, the community development
     4 26 block grant, and housing and shelter=related programs
     4 27 and for not more than the following full=time
     4 28 equivalent positions:
     4 29 .................................................. $  6,422,654
     4 30                                                       6,322,654
     4 31 ............................................... FTEs      58.26
     4 32    d.  From the moneys appropriated in this
     4 33 subsection, the department shall use at least
     4 34 $1,046,000 $946,000 for purposes of the mainstreet and
     4 35 rural mainstreet programs.
     4 36    Sec.    .  2007 Iowa Acts, Senate File 562, section
     4 37 3, subsection 4, unnumbered paragraph 1, if enacted,
     4 38 is amended to read as follows:
     4 39    For allocating moneys for the world food prize:
     4 40 .................................................. $    650,000
     4 41                                                         450,000
     4 42    Sec.    .  2007 Iowa Acts, Senate File 562, section
     4 43 14, subsections 1 and 3, if enacted, are amended to
     4 44 read as follows:
     4 45    1.  There is appropriated from the general fund of
     4 46 the state to the university of northern Iowa for the
     4 47 fiscal year beginning July 1, 2007, and ending June
     4 48 30, 2008, the following amount, or so much thereof as
     4 49 is necessary, to be used for the metal casting
     4 50 institute, for the myentrenet internet application,
     5  1 and for the institute of decision making, including
     5  2 salaries, support, maintenance, miscellaneous
     5  3 purposes, and for not more than the following
     5  4 full=time equivalent positions:
     5  5 .................................................. $    661,291
     5  6                                                         561,291
     5  7 ............................................... FTEs       6.75
     5  8    3.  From the moneys appropriated in this section,
     5  9 the university of northern Iowa shall use at least
     5 10 $300,000 $200,000 for purposes of expanding the
     5 11 service area of the myentrenet internet application.
     5 12    Sec.    .  2007 Iowa Acts, Senate File 575, section
     5 13 4, subsection 1, paragraph b, unnumbered paragraph 1,
     5 14 if enacted, is amended to read as follows:
     5 15    For educational programs for inmates at state penal
     5 16 institutions:
     5 17 .................................................. $  2,070,358
     5 18                                                       1,570,350
     5 19    Sec.    .  2007 Iowa Acts, Senate File 575, section
     5 20 5, subsection 1, paragraph f, unnumbered paragraph 1,
     5 21 if enacted, is amended to read as follows:
     5 22    For the sixth judicial district department of
     5 23 correctional services:
     5 24 .................................................. $ 12,203,009
     5 25                                                      12,003,009
     5 26    Sec.    .  2007 Iowa Acts, House File 874, section
     5 27 19, subsection 1, if enacted, is amended to read as
     5 28 follows:
     5 29    1.  ADMINISTRATION AND ELECTIONS
     5 30    For salaries, support, maintenance, and
     5 31 miscellaneous purposes, and for not more than the
     5 32 following full=time equivalent positions:
     5 33 .................................................. $  1,431,015
     5 34                                                       1,331,015
     5 35 ............................................... FTEs      17.00
     5 36    The state department or state agency which provides
     5 37 data processing services to support voter registration
     5 38 file maintenance and storage shall provide those
     5 39 services without charge.>
     5 40 #23.  By striking page 35, line 26, through page
     5 41 36, line 20, and inserting the following:
     5 42    <NEW SUBSECTION.  21.  a.  The director may
     5 43 authorize the procurement of goods and services in
     5 44 which a contractual limitation of vendor liability is
     5 45 provided for and set forth in the documents initiating
     5 46 the procurement.  The director, in consultation with
     5 47 the department of management, shall adopt rules
     5 48 setting forth the circumstances in which such
     5 49 procurement will be permitted and what types of
     5 50 contractual limitations of liability are permitted.
     6  1 Rules adopted by the director shall establish criteria
     6  2 to be considered in making a determination of whether
     6  3 to permit a contractual limitation of vendor liability
     6  4 with regard to any procurement of goods and services.
     6  5 The criteria, at a minimum, shall include all of the
     6  6 following:
     6  7    (1)  Whether authorizing a contractual limitation
     6  8 of vendor liability is necessary to prevent harm to
     6  9 the state from a failure to obtain the goods or
     6 10 services sought, or from obtaining the goods or
     6 11 services at a higher price if the state refuses to
     6 12 allow a contractual limitation of vendor liability.
     6 13    (2)  Whether the contractual limitation of vendor
     6 14 liability is commercially reasonable when taking into
     6 15 account any risk to the state created by the goods or
     6 16 services to be procured and the purpose for which they
     6 17 will be used.
     6 18    b.  Notwithstanding paragraph "a", a contractual
     6 19 limitation of vendor liability shall not include any
     6 20 limitation on the liability of any vendor for
     6 21 intentional torts, criminal acts, or fraudulent
     6 22 conduct.
     6 23    c.  The rules shall provide for the negotiation of
     6 24 a contractual limitation of vendor liability
     6 25 consistent with the requirements of this section and
     6 26 any other requirements of the department as provided
     6 27 in any related documents associated with a procurement
     6 28 of goods and services.>
     6 29 #24.  Page 37, by inserting after line 19 the
     6 30 following:
     6 31    <Sec.    .  Section 15F.303, subsection 3,
     6 32 paragraph b, Code 2007, is amended to read as follows:
     6 33    b.  The project supports or is strategically
     6 34 aligned with other existing regional or statewide
     6 35 cultural, recreational, entertainment, or educational
     6 36 activities or with communities adjacent to cultural
     6 37 and entertainment districts whose existing or planned
     6 38 amenity base will augment or complement the cultural
     6 39 and entertainment venues of such districts.>
     6 40 #25.  Page 39, by striking lines 18 through 23.
     6 41 #26.  Page 40, by inserting after line 3 the
     6 42 following:
     6 43    <Sec.    .  Section 135.105D, subsection 1A, as
     6 44 enacted by 2007 Iowa Acts, House File 158, section 2,
     6 45 is amended by adding the following new paragraph:
     6 46    NEW PARAGRAPH.  d.  Notwithstanding any other
     6 47 provision to the contrary, nothing in this section
     6 48 shall subject a parent, guardian, or legal custodian
     6 49 of a child of compulsory attendance age to any
     6 50 penalties under chapter 299.>
     7  1 #27.  Page 40, by striking lines 4 through 16.
     7  2 #28.  Page 44, by striking lines 25 and 26.
     7  3 #29.  By striking page 47, line 19, through page
     7  4 48, line 2.
     7  5 #30.  Page 48, by striking lines 3 through 12.
     7  6 #31.  Page 52, by striking lines 5 through 12.
     7  7 #32.  Page 55, by inserting after line 22 the
     7  8 following:
     7  9    <Sec.    .  Section 505.8, Code 2007, is amended by
     7 10 adding the following new subsection:
     7 11    NEW SUBSECTION.  8.  The commissioner may, after a
     7 12 hearing conducted pursuant to chapter 17A, assess
     7 13 fines or penalties, order restitution, or take other
     7 14 corrective action as the commissioner deems necessary
     7 15 and appropriate to accomplish compliance with the laws
     7 16 of the state relating to all insurance business
     7 17 transacted in the state.>
     7 18 #33.  Page 57, by striking lines 7 and 8.
     7 19 #34.  Page 57, by inserting after line 35 the
     7 20 following:
     7 21    <Sec.    .  LEGISLATIVE PROPERTY TAX STUDY
     7 22 COMMITTEE.
     7 23    1.  A legislative property tax study committee is
     7 24 established.  The study committee shall conduct a
     7 25 comprehensive review of property taxation in Iowa
     7 26 including but not limited to the continued use of
     7 27 property taxes as a major funding source for local
     7 28 governments and for local school districts in Iowa,
     7 29 the classification and assessment of property for
     7 30 property tax purposes and the impact of the tie
     7 31 between residential and agricultural property
     7 32 assessments, the level of consistency employed in
     7 33 classifying and assessing property for property tax
     7 34 purposes, the various exemptions and credits currently
     7 35 available to property taxpayers and the impact on
     7 36 local government and state budgets and on other
     7 37 taxpayers of providing those credits and exemptions,
     7 38 and the use of property taxes as an economic
     7 39 development tool and the impact on local and state
     7 40 government budgets and on other taxpayers of such use.
     7 41 In its study, the committee shall address the goals of
     7 42 property tax simplification and equity.
     7 43    2.  a.  The committee shall be comprised of the
     7 44 following voting members:
     7 45    (1)  Five members who are members of the senate,
     7 46 three of whom shall be appointed by the majority
     7 47 leader of the senate and two of whom shall be
     7 48 appointed by the minority leader of the senate.
     7 49    (2)  Five members who are members of the house of
     7 50 representatives, three of whom shall be appointed by
     8  1 the speaker of the house of representatives and two of
     8  2 whom shall be appointed by the minority leader of the
     8  3 house of representatives.
     8  4    b.  The committee shall be comprised of the
     8  5 following nonvoting members who shall be appointed by
     8  6 the majority leader of the senate and the speaker of
     8  7 the house of representatives in consultation with the
     8  8 minority leaders of the senate and the house of
     8  9 representatives:
     8 10    (1)  One member from an association representing
     8 11 Iowa counties.
     8 12    (2)  One member from an association representing
     8 13 Iowa cities.
     8 14    (3)  One member from an association representing
     8 15 Iowa school boards.
     8 16    (4)  One member from an association representing
     8 17 agricultural property taxpayers.
     8 18    (5)  One member from an association representing
     8 19 Iowa commercial property taxpayers.
     8 20    (6)  One member from an association representing
     8 21 Iowa industrial taxpayers.
     8 22    (7)  One member representing residential taxpayers.
     8 23    (8)  One member from an association representing
     8 24 Iowa telecommunications property taxpayers.
     8 25    (9)  Representatives of other interests as
     8 26 designated by the legislative council.
     8 27    c.  The committee shall be comprised of the
     8 28 following nonvoting members who shall be appointed by
     8 29 the governor:
     8 30    (1)  A representative employed by the department of
     8 31 management.
     8 32    (2)  A representative employed by the department of
     8 33 revenue.
     8 34    (3)  A representative employed by the department of
     8 35 economic development.
     8 36    3.  The property tax study committee shall meet
     8 37 during the 2007 and 2008 legislative interims at the
     8 38 call of the chairperson.  The committee is authorized
     8 39 to hold as many meetings as the committee deems
     8 40 necessary.
     8 41    4.  The property tax study committee may contract
     8 42 with one or more tax consultants or experts familiar
     8 43 with the Iowa property tax system.  The legislative
     8 44 council, pursuant to its authority in section 2.42,
     8 45 may allocate to the study committee funding from
     8 46 moneys available to it in section 2.12 for the purpose
     8 47 of contracting with the consultant or expert.
     8 48    5.  The property tax study committee shall submit a
     8 49 final report to the general assembly on or before
     8 50 January 5, 2009.  The final report shall include but
     9  1 not be limited to findings, analyses, and
     9  2 recommendations by the committee.>
     9  3 #35.  Page 59, by striking lines 9 and 10 and
     9  4 inserting the following:
     9  5    <Sec.    .  Section 811.2A, Code 2007, is
     9  6 repealed.>
     9  7 #36.  By renumbering, relettering, or redesignating
     9  8 and correcting internal references as necessary.
     9  9 SF 601.H
     9 10 mg/jg/25

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