Senate Amendment 5464


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    <Sec.    .  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 governor, taking into
     1 17 consideration the level of knowledge and experience of
     1 18 the secretary.>
     1 19 #5.  Page 17, by inserting after line 30 the
     1 20 following:
     1 21    <Sec.    .  Section 8.7, Code 2007, is amended to
     1 22 read as follows:
     1 23    8.7  REPORTING OF GIFTS AND BEQUESTS RECEIVED.
     1 24    All gifts, and bequests, and grants received by a
     1 25 department or accepted by the governor on behalf of
     1 26 the state shall be reported to the Iowa ethics and
     1 27 campaign disclosure board and the government oversight
     1 28 committees.  The ethics and campaign disclosure board
     1 29 shall, by January 31 of each year, submit to the
     1 30 fiscal services division of the legislative services
     1 31 agency a written report listing all gifts, and
     1 32 bequests, and grants received during the previous
     1 33 calendar year with a value over one thousand dollars
     1 34 and the purpose for each such gift, or bequest, or
     1 35 grant.  The submission shall also include a listing of
     1 36 all gifts, and bequests, and grants received by a
     1 37 department from a person if the cumulative value of
     1 38 all gifts, and bequests, and grants received by the
     1 39 department from the person during the previous
     1 40 calendar year exceeds one thousand dollars, and the
     1 41 ethics and campaign disclosure board shall include, if
     1 42 available, the purpose for each such gift, or bequest,
     1 43 or grant.  However, the reports on gifts, grants, or
     1 44 bequests filed by the state board of regents pursuant
     1 45 to section 8.44 shall be deemed sufficient to comply
     1 46 with the requirements of this section.
     1 47    Sec.    .  Section 8.9, Code 2007, is amended to
     1 48 read as follows:
     1 49    8.9  GRANTS ENTERPRISE MANAGEMENT OFFICE.
     1 50    1.  The office of grants enterprise management is
     2  1 established in the department of management.  The
     2  2 function of the office is to develop and administer a
     2  3 system to track, identify, advocate for, and
     2  4 coordinate nonstate grants as defined in section 8.2,
     2  5 subsections 1 and 3.  Staffing for the office of
     2  6 grants enterprise management shall be provided by a
     2  7 facilitator appointed by the director of the
     2  8 department of management.  Additional staff may be
     2  9 hired, subject to the availability of funding.
     2 10 Funding for the office is from the appropriation to
     2 11 the department pursuant to section 8A.505, subsection
     2 12 2.
     2 13    2.  a.  All grant applications submitted and grant
     2 14 moneys received by a department on behalf of the state
     2 15 shall be reported to the office of grants enterprise
     2 16 management.  The office shall by January 31 of each
     2 17 year submit to the fiscal services division of the
     2 18 legislative services agency a written report listing
     2 19 all grants received during the previous calendar year
     2 20 with a value over one thousand dollars and the funding
     2 21 entity and purpose for each grant.  However, the
     2 22 reports on grants filed by the state board of regents
     2 23 pursuant to section 8.44 shall be deemed sufficient to
     2 24 comply with the requirements of this subsection.
     2 25    b.  The office of grants enterprise management
     2 26 shall submit by July 1 and January 1 of each year to
     2 27 the government oversight committees a written report
     2 28 summarizing departmental compliance with the
     2 29 requirements of this subsection.
     2 30    Sec.    .  Section 12C.16, subsection 1, paragraph
     2 31 b, subparagraph (4), Code Supplement 2007, is amended
     2 32 to read as follows:
     2 33    (4)  To the extent of the guarantee, loans,
     2 34 obligations, or nontransferable letters of credit upon
     2 35 which the payment of principal and interest is fully
     2 36 secured or guaranteed by the United States of America
     2 37 or an agency or instrumentality of the United States
     2 38 of America or the United States central credit union,
     2 39 a corporate central credit union organized under
     2 40 section 533.213, or a corporate credit union organized
     2 41 under 12 C.F.R. } 704 whose activities are subject to
     2 42 regulation by the national credit union
     2 43 administration, and the rating of any one of such
     2 44 credit unions remains within the two highest
     2 45 classifications of prime established by at least one
     2 46 of the standard rating services approved by the
     2 47 superintendent of banking by rule pursuant to chapter
     2 48 17A.  The treasurer of state shall adopt rules
     2 49 pursuant to chapter 17A to implement this section.
     2 50    Sec.    .  Section 12C.17, subsection 1, paragraph
     3  1 c, Code Supplement 2007, is amended to read as
     3  2 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.    .  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 20, by inserting after line 20 the
     3 29 following:
     3 30    <Sec.    .  Section 39A.5, subsection 1, paragraph
     3 31 b, Code Supplement 2007, is amended by adding the
     3 32 following new subparagraph:
     3 33    NEW SUBPARAGRAPH.  (4)  As an employer, denying an
     3 34 employee the privilege conferred by section 43.4A to
     3 35 attend a precinct caucus, or subjecting an employee to
     3 36 a penalty because of the exercise of that privilege.
     3 37    Sec.    .  NEW SECTION.  43.4A  EMPLOYEES ENTITLED
     3 38 TO TIME TO PARTICIPATE IN PRESIDENTIAL PRECINCT
     3 39 CAUCUSES.
     3 40    1.  Any person entitled to participate in a
     3 41 precinct caucus held as part of the presidential
     3 42 nominating process in this state who is required to be
     3 43 present at work for an employer during the four=hour
     3 44 period starting one hour prior to the time the
     3 45 precinct caucus starts is entitled to take unpaid
     3 46 leave for as much of that four=hour period as is
     3 47 necessary to participate in the precinct caucus except
     3 48 as provided by this section.  Application by any
     3 49 employee for such absence shall be made to the
     3 50 employee's employer individually and in writing at
     4  1 least fourteen days prior to the time the precinct
     4  2 caucus is scheduled to start.  The employee shall not
     4  3 be liable for any loss of wages or salary or any other
     4  4 penalty except for the loss of wages or salary for the
     4  5 hours of unpaid leave actually used.
     4  6    2.  a.  An application for an absence by an
     4  7 employee may be denied by an employer if all the
     4  8 following circumstances exist:
     4  9    (1)  The person is employed in an emergency
     4 10 services position which shall include peace officer,
     4 11 fire fighter, emergency medical personnel, and any
     4 12 other position that seriously affects public health or
     4 13 safety, or is employed by an entity that would
     4 14 experience severe economic or operational disruption
     4 15 due to the person's absence.
     4 16    (2)  The employer filed a written notice with the
     4 17 commissioner at least seven days prior to the date of
     4 18 the precinct caucus specifying exigent circumstances
     4 19 justifying the denial of such leave for personnel
     4 20 described in subparagraph (1) and declaring the
     4 21 minimum number of such personnel, by position, needed
     4 22 to protect public health and safety or maintain
     4 23 minimum operational capacity, as applicable.  A copy
     4 24 of this written notice shall be provided to employees
     4 25 of the employer.
     4 26    (3)  The number of persons employed in a position
     4 27 that did not apply for an absence is less than the
     4 28 minimum number of persons in that position needed by
     4 29 the employer to protect public health and safety or
     4 30 maintain minimum operational capacity, as applicable.
     4 31    b.  If the circumstances in paragraph "a" exist as
     4 32 to a particular position of the employer, then the
     4 33 employer may deny the minimum number of employees
     4 34 applying for an absence in that position needed to
     4 35 yield the minimum staffing level for that position as
     4 36 specified in the written notice to the commissioner.
     4 37 The selection of which employees applying for an
     4 38 absence shall be denied shall be made without regard
     4 39 to political party affiliation, political belief, or
     4 40 affiliation with or support for any candidate, or for
     4 41 any of the grounds for which employment discrimination
     4 42 is prohibited in this state.
     4 43    3.  An employer may, in lieu of providing unpaid
     4 44 leave to affected employees to attend a presidential
     4 45 precinct caucus, do any of the following:
     4 46    a.  Authorize paid leave to all affected employees.
     4 47    b.  Allow all affected employees the option to work
     4 48 additional compensatory hours, at a time designated by
     4 49 the employer not in conflict with the time needed for
     4 50 caucus participation, equal in number to the number of
     5  1 hours taken to participate in the presidential
     5  2 precinct caucus.  The option of working compensatory
     5  3 hours may be exercised individually by each employee.
     5  4 Work done during the compensatory hours shall be
     5  5 compensated in the same manner as work during regular
     5  6 hours.>
     5  7 #8.  Page 22, by inserting before line 31 the
     5  8 following:
     5  9    <Sec.    .  Section 68B.32, subsection 1, Code
     5 10 2007, is amended to read as follows:
     5 11    1.  An Iowa ethics and campaign disclosure board is
     5 12 established as an independent agency.  The board shall
     5 13 administer this chapter and set standards for,
     5 14 investigate complaints relating to, and monitor the
     5 15 ethics of officials, employees, lobbyists, and
     5 16 candidates for office in the executive branch of state
     5 17 government.  The board shall administer and set
     5 18 standards for, investigate complaints relating to, and
     5 19 monitor the campaign finance practices of candidates
     5 20 for public office.  The board shall administer and
     5 21 establish standards for, investigate complaints
     5 22 relating to, and monitor the reporting of gifts, and
     5 23 bequests, and grants under section 8.7.  The board
     5 24 shall consist of six members and shall be balanced as
     5 25 to political affiliation as provided in section 69.16.
     5 26 The members shall be appointed by the governor,
     5 27 subject to confirmation by the senate.
     5 28    Sec.    .  Section 68B.32A, subsection 4, Code
     5 29 Supplement 2007, is amended to read as follows:
     5 30    4.  Receive and file registration and reports from
     5 31 lobbyists of the executive branch of state government,
     5 32 client disclosure from clients of lobbyists of the
     5 33 executive branch of state government, personal
     5 34 financial disclosure information from officials and
     5 35 employees in the executive branch of state government
     5 36 who are required to file personal financial disclosure
     5 37 information under this chapter, and gift, and bequest,
     5 38 and grant disclosure information pursuant to section
     5 39 8.7.  The board, upon its own motion, may initiate
     5 40 action and conduct a hearing relating to reporting
     5 41 requirements under this chapter or section 8.7.
     5 42    Sec.    .  Section 84A.5, subsection 1, paragraph
     5 43 a, Code Supplement 2007, is amended to read as
     5 44 follows:
     5 45    a.  The workforce development system shall strive
     5 46 to provide high quality services to its customers
     5 47 including workers, families, and businesses.  The
     5 48 department of workforce development shall maintain a
     5 49 common intake, assessment, and customer tracking
     5 50 system and to the extent practical provide one=stop
     6  1 services to customers at workforce development centers
     6  2 and other service access points.  The department of
     6  3 workforce development shall administer a statewide
     6  4 standard skills assessment to assess the employability
     6  5 skills of adult workers statewide and shall instruct
     6  6 appropriate department staff in the administration of
     6  7 the assessment.  The assessment shall be included in
     6  8 the one=stop services provided to customers at
     6  9 workforce development centers and other service access
     6 10 points throughout the state.
     6 11    Sec.    .  Section 85.1, subsection 6, Code
     6 12 Supplement 2007, is amended to read as follows:
     6 13    6.  Employers may with respect to an employee or a
     6 14 classification of employees exempt from coverage
     6 15 provided by this chapter pursuant to subsection 1, 2,
     6 16 or 3, other than the employee or classification of
     6 17 employees with respect to whom a rule of liability or
     6 18 a method of compensation is established by the
     6 19 Congress of the United States, assume a liability for
     6 20 compensation imposed upon employers by this chapter,
     6 21 for the benefit of employees within the coverage of
     6 22 this chapter, by the purchase of valid workers'
     6 23 compensation insurance that does not specifically
     6 24 exclude the employee or classification of employees.
     6 25 In addition, an employer that assumed a liability for
     6 26 compensation imposed upon employers by this chapter
     6 27 pursuant to a collective bargaining agreement with
     6 28 respect to an employee or a classification of
     6 29 employees exempt from coverage provided by this
     6 30 chapter pursuant to subsection 4 as of July 1, 2007,
     6 31 may continue to assume liability for that compensation
     6 32 pursuant to a subsequent collective bargaining
     6 33 agreement, for the benefit of such employees, by the
     6 34 purchase of valid workers' compensation insurance that
     6 35 does not specifically exclude that employee or
     6 36 classification of employees.  The purchase of and
     6 37 acceptance by an employer of valid workers'
     6 38 compensation insurance applicable to the employee or
     6 39 classification of employees constitutes an assumption
     6 40 by the employer of liability without any further act
     6 41 on the part of the employer, but only with respect to
     6 42 the employee or classification of employees as are
     6 43 within the coverage of the workers' compensation
     6 44 insurance contract and only for the time period in
     6 45 which the insurance contract is in force.  Upon an
     6 46 election of such coverage, the employee or
     6 47 classification of employees shall accept compensation
     6 48 in the manner provided by this chapter and the
     6 49 employer shall be relieved from any other liability
     6 50 for recovery of damage, or other compensation for
     7  1 injury.
     7  2    Sec.    .  Section 96.3, subsection 5, Code 2007,
     7  3 is amended to read as follows:
     7  4    5.  a.  DURATION OF BENEFITS.  The maximum total
     7  5 amount of benefits payable to an eligible individual
     7  6 during a benefit year shall not exceed the total of
     7  7 the wage credits accrued to the individual's account
     7  8 during the individual's base period, or twenty=six
     7  9 times the individual's weekly benefit amount,
     7 10 whichever is the lesser.  The director shall maintain
     7 11 a separate account for each individual who earns wages
     7 12 in insured work.  The director shall compute wage
     7 13 credits for each individual by crediting the
     7 14 individual's account with one=third of the wages for
     7 15 insured work paid to the individual during the
     7 16 individual's base period.  However, the director shall
     7 17 recompute wage credits for an individual who is laid
     7 18 off due to the individual's employer going out of
     7 19 business at the factory, establishment, or other
     7 20 premises at which the individual was last employed, by
     7 21 crediting the individual's account with one=half,
     7 22 instead of one=third, of the wages for insured work
     7 23 paid to the individual during the individual's base
     7 24 period.  Benefits paid to an eligible individual shall
     7 25 be charged against the base period wage credits in the
     7 26 individual's account which have not been previously
     7 27 charged, in the inverse chronological order as the
     7 28 wages on which the wage credits are based were paid.
     7 29 However if the state "off indicator" is in effect and
     7 30 if the individual is laid off due to the individual's
     7 31 employer going out of business at the factory,
     7 32 establishment, or other premises at which the
     7 33 individual was last employed, the maximum benefits
     7 34 payable shall be extended to thirty=nine times the
     7 35 individual's weekly benefit amount, but not to exceed
     7 36 the total of the wage credits accrued to the
     7 37 individual's account.
     7 38    b.  TRAINING EXTENSION BENEFITS.  An individual who
     7 39 is in training with the approval of the director at
     7 40 the time regular benefits are exhausted may be
     7 41 eligible for training extension benefits.  The
     7 42 training extension benefit amount shall be twenty=six
     7 43 times the individual's weekly benefit amount, and the
     7 44 weekly benefit amount shall be equal to the
     7 45 individual's weekly benefit amount for the claim in
     7 46 which benefits were exhausted while in training.  An
     7 47 individual who is receiving training extension
     7 48 benefits shall not be denied benefits due to
     7 49 application of section 96.4, subsection 3, or section
     7 50 96.5, subsection 3.  However, an employer's account
     8  1 shall not be charged with benefits so paid.  Relief of
     8  2 charges under this paragraph applies to both
     8  3 contributory and reimbursable employers,
     8  4 notwithstanding section 96.8, subsection 5.  In order
     8  5 for the individual to be eligible for training
     8  6 extension benefits the training must be for a
     8  7 high=demand or high=technology occupation, including
     8  8 fields of life sciences, advanced manufacturing,
     8  9 biotechnology, alternative fuels, insurance, and
     8 10 environmental technology.  "High=demand occupation"
     8 11 means an occupation in a labor market area in which
     8 12 the department determines work opportunities are
     8 13 available and there is a lack of qualified
     8 14 applicants.>
     8 15 #9.  Page 26, by inserting after line 16 the
     8 16 following:
     8 17    <Sec.    .  Section 135C.40, subsection 1, Code
     8 18 2007, is amended to read as follows:
     8 19    1.  If the director determines, based on the
     8 20 findings of an inspection or investigation of a health
     8 21 care facility, that the facility is in violation of
     8 22 this chapter, or rules adopted under this chapter, or
     8 23 the federal certification guidelines, the director
     8 24 within five ten working days after making the
     8 25 determination completion of an on=site survey, may
     8 26 shall issue a written citation all statements of
     8 27 deficiencies, including any state citations issued to
     8 28 the facility under rules adopted by the department.
     8 29 The citation shall be served upon the facility
     8 30 personally or, by electronic mail, or by certified
     8 31 mail, except that a citation for a Class III violation
     8 32 may be sent by ordinary mail.  Each citation shall
     8 33 specifically describe the nature of the violation,
     8 34 identifying the Code section or subsection or the rule
     8 35 or standard violated, and the classification of the
     8 36 violation under section 135C.36.  Where appropriate,
     8 37 the citation shall also state the period of time
     8 38 allowed for correction of the violation, which shall
     8 39 in each case be the shortest period of time the
     8 40 department deems feasible.  Failure to correct a
     8 41 violation within the time specified, unless the
     8 42 licensee shows that the failure was due to
     8 43 circumstances beyond the licensee's control, shall
     8 44 subject the facility to a further penalty of fifty
     8 45 dollars for each day that the violation continues
     8 46 after the time specified for correction.
     8 47    a.  If a facility licensed under this chapter
     8 48 submits a plan of correction relating to a statement
     8 49 of deficiencies or a response to a citation issued
     8 50 under rules adopted by the department and the
     9  1 department elects to conduct an on=site revisit
     9  2 survey, the department shall commence the revisit
     9  3 survey within ten business days of the date that the
     9  4 plan of correction is received, or the date specified
     9  5 within the plan of correction alleging compliance,
     9  6 whichever is later.
     9  7    b.  If the department recommends the issuance of
     9  8 federal remedies pursuant to 42 C.F.R. } 488.406
     9  9 (a)(2) or (a)(3), relating to a survey conducted by
     9 10 the department, the department shall issue the
     9 11 statement of deficiencies within twenty=four hours of
     9 12 the date that the centers for Medicare and Medicaid
     9 13 services of the United States department of health and
     9 14 human services was notified of the recommendation for
     9 15 the imposition of remedies.>
     9 16 #10.  Page 26, by inserting after line 16 the
     9 17 following:
     9 18    <Sec.    .  Section 135H.3, Code 2007, is amended
     9 19 to read as follows:
     9 20    135H.3  NATURE OF CARE.
     9 21    1.  A psychiatric medical institution for children
     9 22 shall utilize a team of professionals to direct an
     9 23 organized program of diagnostic services, psychiatric
     9 24 services, nursing care, and rehabilitative services to
     9 25 meet the needs of residents in accordance with a
     9 26 medical care plan developed for each resident.  Social
     9 27 and rehabilitative services shall be provided under
     9 28 the direction of a qualified mental health
     9 29 professional.
     9 30    2.  A child who requires treatment for a
     9 31 biologically based mental illness as defined in
     9 32 section 514C.22, and meets the medical assistance
     9 33 program criteria for admission to a psychiatric
     9 34 medical institution for children shall be deemed to
     9 35 meet the acuity criteria for inpatient benefits under
     9 36 a group policy, contract, or plan providing for
     9 37 third=party payment or prepayment of health, medical,
     9 38 and surgical coverage benefits issued by a carrier, as
     9 39 defined in section 513B.2, or by an organized delivery
     9 40 system authorized under 1993 Iowa Acts, chapter 158,
     9 41 that is subject to section 514C.22.>
     9 42 #11.  Page 29, by inserting after line 22 the
     9 43 following:
     9 44    <Sec.    .  NEW SECTION.  231C.20  CITATIONS ==
     9 45 MONITORING VISITS.
     9 46    1.  All results of state monitoring visits,
     9 47 including complaint investigations or certification
     9 48 inspections conducted by the department pursuant to
     9 49 this chapter or rules adopted by the department shall
     9 50 be submitted by the department personally, by
    10  1 electronic mail, or by certified mail to the program
    10  2 no later than ten business days following completion
    10  3 of an on=site monitoring visit, if findings of
    10  4 noncompliance are cited.
    10  5    2.  If a program certified under this chapter
    10  6 submits a plan of correction relating to the statement
    10  7 of noncompliance or a response to a civil penalty
    10  8 issued under rules adopted by the department, and the
    10  9 department elects to conduct an on=site monitoring
    10 10 revisit, the department shall commence the monitoring
    10 11 revisit within ten business days of the date that the
    10 12 plan of correction is received, or the date specified
    10 13 within the plan of correction alleging compliance,
    10 14 whichever is later.>
    10 15 #12.  Page 29, by inserting after line 26 the
    10 16 following:
    10 17    <Sec.    .  Section 280.7A, as enacted by 2008 Iowa
    10 18 Acts, Senate File 2251, section 1, is amended by
    10 19 adding the following new subsections:
    10 20    NEW SUBSECTION.  4.  A comprehensive vision
    10 21 screening by a certified vision screener provided by
    10 22 the school district shall be given within the first
    10 23 thirty days of the first day of the school year to
    10 24 students entering kindergarten, first grade, third
    10 25 grade, sixth grade, and eighth grade, and to transfer
    10 26 students and students referred for screening by a
    10 27 parent or teacher.  A student shall be required to
    10 28 receive a comprehensive vision screening only once
    10 29 within a thirty=six month period.
    10 30    NEW SUBSECTION.  5.  A student who is not able to
    10 31 pass the comprehensive vision screening, pursuant to
    10 32 subsection 4, shall be required to have a
    10 33 comprehensive eye examination performed by a licensed
    10 34 optometrist, ophthalmologist, or physician trained in
    10 35 providing comprehensive eye care.  A student's parent
    10 36 or guardian shall be responsible for ensuring that a
    10 37 student receives a comprehensive eye examination
    10 38 pursuant to this subsection.  No penalty shall be
    10 39 imposed as a result of a student not receiving a
    10 40 recommended comprehensive eye examination.>
    10 41 #13.  Page 29, by inserting after line 26 the
    10 42 following:
    10 43    <Sec.    .  Section 321A.3, subsections 1, 5, and
    10 44 6, Code Supplement 2007, are amended to read as
    10 45 follows:
    10 46    1.  The department shall upon request furnish any
    10 47 person a certified abstract of the operating record of
    10 48 a person subject to chapter 321, 321J, or this
    10 49 chapter.  The abstract shall also fully designate the
    10 50 motor vehicles, if any, registered in the name of the
    11  1 person.  If there is no record of a conviction of the
    11  2 person having violated any law relating to the
    11  3 operation of a motor vehicle or of any injury or
    11  4 damage caused by the person, the department shall so
    11  5 certify.  A fee of five dollars and fifty cents shall
    11  6 be paid for each abstract except for state, county, or
    11  7 city officials, court officials, public transit
    11  8 officials, or other officials of a political
    11  9 subdivision of the state or a nonprofit charitable
    11 10 organization described in section 501(c)(3) of the
    11 11 Internal Revenue Code.  The department shall transfer
    11 12 the moneys collected under this section to the
    11 13 treasurer of state who shall credit to the general
    11 14 fund all moneys collected.
    11 15    5.  The department may permit any person to view
    11 16 the operating record of a person subject to chapter
    11 17 321 or this chapter through one of the department's
    11 18 computer terminals or through a computer printout
    11 19 generated by the department.  The department shall not
    11 20 require a fee for a person to view their own operating
    11 21 record, but the department shall impose a fee of one
    11 22 dollar for each of the first five operating records
    11 23 viewed within a calendar day and two dollars for each
    11 24 additional operating record viewed within the calendar
    11 25 day.
    11 26    6.  Fees under subsections subsection 1 and 5 may
    11 27 be paid by credit cards, as defined in section
    11 28 537.1301, subsection 17, approved for that purpose by
    11 29 the department of transportation.  The department
    11 30 shall enter into agreements with financial
    11 31 institutions extending credit through the use of
    11 32 credit cards to ensure payment of the fees.  The
    11 33 department shall adopt rules pursuant to chapter 17A
    11 34 to implement the provisions of this subsection.
    11 35    Sec.    .  Section 321A.3, Code Supplement 2007, is
    11 36 amended by adding the following new subsection:
    11 37    NEW SUBSECTION.  8.  A person making a request for
    11 38 a record or an abstract under this section that is
    11 39 subject to a fee shall only use the record or abstract
    11 40 requested one time, for one purpose, and it shall not
    11 41 supply that record to more than one other person.  Any
    11 42 subsequent use of the same record or abstract shall
    11 43 require that the person make a subsequent request for
    11 44 the record or abstract and pay an additional fee for
    11 45 the request in the same manner as provided for the
    11 46 initial request.  A person requesting a record or an
    11 47 abstract pursuant to this section shall keep records
    11 48 identifying who the record or abstract is provided to,
    11 49 and the use of the record or abstract, for a period of
    11 50 five years.  Records maintained pursuant to this
    12  1 subsection shall be made available to the department
    12  2 upon request.  A person shall not sell, retain,
    12  3 distribute, provide, or transfer any record or
    12  4 abstract information or portion of the record or
    12  5 abstract information acquired under this agreement
    12  6 except as authorized by the department and the federal
    12  7 Driver's Privacy Protection Act, 18 U.S.C. }
    12  8 2721=2725.>
    12  9 #14.  Page 32, by inserting after line 33 the
    12 10 following:
    12 11    <Sec.    .  Section 423B.1, subsection 6, Code
    12 12 Supplement 2007, is amended by adding the following
    12 13 new paragraph:
    12 14    NEW PARAGRAPH.  c.  Notwithstanding any other
    12 15 provision in this section, a change in use of the
    12 16 local sales and services tax revenues for purposes of
    12 17 funding an urban renewal project pursuant to section
    12 18 423B.10 does not require an election.
    12 19    Sec.    .  Section 423B.7, subsection 1, Code 2007,
    12 20 is amended to read as follows:
    12 21    1.  a.  The Except as provided in paragraph "b",
    12 22 the director shall credit the local sales and services
    12 23 tax receipts and interest and penalties from a
    12 24 county=imposed tax to the county's account in the
    12 25 local sales and services tax fund and from a
    12 26 city=imposed tax under section 423B.1, subsection 2,
    12 27 to the city's account in the local sales and services
    12 28 tax fund.  If the director is unable to determine from
    12 29 which county any of the receipts were collected, those
    12 30 receipts shall be allocated among the possible
    12 31 counties based on allocation rules adopted by the
    12 32 director.
    12 33    b.  Notwithstanding paragraph "a", the director
    12 34 shall credit the designated amount of the increase in
    12 35 local sales and services tax receipts, as computed in
    12 36 section 423B.10, collected in an urban renewal area of
    12 37 an eligible city that has adopted an ordinance
    12 38 pursuant to section 423B.10, subsection 2, into a
    12 39 special city account in the local sales and services
    12 40 tax fund.
    12 41    Sec.    .  Section 423B.7, Code 2007, is amended by
    12 42 adding the following new subsection:
    12 43    NEW SUBSECTION.  5A.  From each special city
    12 44 account, the revenues shall be remitted to the city
    12 45 council for deposit in the special fund created in
    12 46 section 403.19, subsection 2, to be used by the city
    12 47 as provided in section 423B.10.  The distribution from
    12 48 the special city account is not subject to the
    12 49 distribution formula provided in subsections 3, 4, and
    12 50 5.
    13  1    Sec.    .  NEW SECTION.  423B.10  FUNDING URBAN
    13  2 RENEWAL PROJECTS.
    13  3    1.  For purposes of this section, unless the
    13  4 context otherwise requires:
    13  5    a.  "Base year" means the fiscal year during which
    13  6 an ordinance is adopted that provides for funding of
    13  7 an urban renewal project by a designated amount of the
    13  8 increased sales and services tax revenues.
    13  9    b.  "Eligible city" means a city in which a local
    13 10 sales and services tax imposed by the county applies
    13 11 or a city described in section 423B.1, subsection 2,
    13 12 paragraph "a", and in which an urban renewal area has
    13 13 been designated.
    13 14    c.  "Retail establishment" means a business
    13 15 operated by a retailer as defined in section 423.1.
    13 16    d.  "Urban renewal area" and "urban renewal
    13 17 project" mean the same as defined in section 403.17.
    13 18    2.  An eligible city may by ordinance of the city
    13 19 council provide for the use of a designated amount of
    13 20 the increased local sales and services tax revenues
    13 21 collected under this chapter which are attributable to
    13 22 retail establishments in an urban renewal area to fund
    13 23 urban renewal projects located in the area.  The
    13 24 designated amount may be all or a portion of such
    13 25 increased revenues.
    13 26    3.  To determine the revenue increase for purposes
    13 27 of subsection 2, revenue amounts shall be calculated
    13 28 by the department of revenue as follows:
    13 29    a.  Determine the amount of local sales and
    13 30 services tax revenue collected from retail
    13 31 establishments located in the area comprising the
    13 32 urban renewal area during the base year.
    13 33    b.  Determine the current year revenue amount for
    13 34 each fiscal year following the base year in the manner
    13 35 specified in paragraph "a".
    13 36    c.  The excess of the amount determined in
    13 37 paragraph "b" over the base year revenue amount
    13 38 determined in paragraph "a" is the increase in the
    13 39 local sales and services tax revenues of which the
    13 40 designated amount is to be deposited in the special
    13 41 city account created in section 423B.7, subsection 5A.
    13 42    4.  The ordinance adopted pursuant to this section
    13 43 is repealed when the area ceases to be an urban
    13 44 renewal area or twenty years following the base year,
    13 45 whichever is the earlier.
    13 46    5.  In addition to the moneys received pursuant to
    13 47 the ordinance authorized under subsection 2, an
    13 48 eligible city may deposit any other local sales and
    13 49 services tax revenues received by it pursuant to the
    13 50 distribution formula in section 423B.7, subsections 3,
    14  1 4, and 5, to the special fund described in section
    14  2 403.19, subsection 2.
    14  3    6.  For purposes of this section, the eligible city
    14  4 shall assist the department of revenue in identifying
    14  5 retail establishments in the urban renewal area that
    14  6 are collecting the local sales and services tax.  This
    14  7 process shall be ongoing until the ordinance is
    14  8 repealed.>
    14  9 #15.  Page 34, by inserting after line 7 the
    14 10 following:
    14 11    <Sec.    .  Section 423F.3, subsection 3, paragraph
    14 12 c, as enacted by 2008 Iowa Acts, House File 2663,
    14 13 section 29, if enacted, is amended to read as follows:
    14 14    c.  The board secretary shall notify the county
    14 15 commissioner of elections of the intent to take the
    14 16 issue to the voters.  The county commissioner of
    14 17 elections shall publish the notices required by law
    14 18 for special or general elections, and the election
    14 19 shall be held not sooner than thirty days nor later
    14 20 than forty days after notice from the school board on
    14 21 a date specified in section 39.2, subsection 4,
    14 22 paragraph "c".  A majority of those voting on the
    14 23 question must favor approval of the revenue purpose
    14 24 statement.  If the proposal is not approved, the
    14 25 school district shall not submit the same or new
    14 26 revenue purpose statement to the electors for a period
    14 27 of six months from the date of the previous election.>
    14 28 #16.  Page 35, by inserting after line 20 the
    14 29 following:
    14 30    <Sec.    .  Section 441.38, subsection 1, Code
    14 31 2007, is amended to read as follows:
    14 32    1.  Appeals may be taken from the action of the
    14 33 local board of review with reference to protests of
    14 34 assessment, to the district court of the county in
    14 35 which the board holds its sessions within twenty days
    14 36 after its adjournment or May 31, whichever date is
    14 37 later.  Appeals may be taken from the action of the
    14 38 property assessment appeal board to the district court
    14 39 of the county where the property which is the subject
    14 40 of the appeal is located within twenty days after the
    14 41 letter of disposition of the appeal by the property
    14 42 assessment appeal board is postmarked to the
    14 43 appellant.  No new grounds in addition to those set
    14 44 out in the protest to the local board of review as
    14 45 provided in section 441.37, or in addition to those
    14 46 set out in the appeal to the property assessment
    14 47 appeal board, if applicable, can be pleaded, but
    14 48 additional.  Additional evidence to sustain those
    14 49 grounds may be introduced in an appeal from the local
    14 50 board of review to the district court.  However, no
    15  1 new evidence to sustain those grounds may be
    15  2 introduced in an appeal from the property assessment
    15  3 appeal board to the district court.  The assessor
    15  4 shall have the same right to appeal and in the same
    15  5 manner as an individual taxpayer, public body, or
    15  6 other public officer as provided in section 441.42.
    15  7 Appeals shall be taken by filing a written notice of
    15  8 appeal with the clerk of district court.  Filing of
    15  9 the written notice of appeal shall preserve all rights
    15 10 of appeal of the appellant.>
    15 11 #17.  Page 45, by inserting before line 6 the
    15 12 following:
    15 13    <Sec.    .  2007 Iowa Acts, chapter 206, section 6,
    15 14 unnumbered paragraph 3, is amended to read as follows:
    15 15    Notwithstanding section 8.33, moneys appropriated
    15 16 in this section that remain unencumbered or
    15 17 unobligated at the close of the fiscal year shall not
    15 18 revert but shall remain available for expenditure for
    15 19 the purposes designated until the close of the
    15 20 succeeding fiscal year beginning July 1, 2008.>
    15 21 #18.  Page 45, by inserting after line 19 the
    15 22 following:
    15 23    <Sec.    .  MEDICAL ASSISTANCE == APPROPRIATION.
    15 24 There is appropriated from the general fund of the
    15 25 state to the department of human services for the
    15 26 fiscal year beginning July 1, 2008, and ending June
    15 27 30, 2009, the following amount, or so much thereof as
    15 28 is necessary, for the purpose designated:
    15 29    Notwithstanding the reimbursement provisions in
    15 30 2008 Iowa Acts, Senate File 2425, if enacted, or any
    15 31 other provision requiring budget neutrality in setting
    15 32 hospital reimbursement rates, as additional funding
    15 33 for the medical assistance program to be used for the
    15 34 rebasing of hospital reimbursement rates under the
    15 35 medical assistance program:
    15 36 .................................................. $  5,500,000>
    15 37 #19.  Page 46, by inserting after line 7 the
    15 38 following:
    15 39    <Sec.    .  2008 Iowa Acts, House File 2699,
    15 40 section 4, subsection 3, if enacted, is amended by
    15 41 adding the following new paragraph:
    15 42    NEW PARAGRAPH.  e.  The department of economic
    15 43 development shall coordinate with the department of
    15 44 natural resources, the Iowa finance authority, and the
    15 45 United States department of agriculture in maximizing
    15 46 community development block grants and loans available
    15 47 for water, wastewater, and unsewered communities.  It
    15 48 is the intent of the general assembly that the
    15 49 department recognize and provide the appropriate level
    15 50 of funding needed for wastewater and sewer projects in
    16  1 communities with populations of 200 persons or less.
    16  2    Sec.    .  2008 Iowa Acts, House File 2699, section
    16  3 16, subsection 4, if enacted, is amended by striking
    16  4 the subsection and inserting in lieu thereof the
    16  5 following:
    16  6    4.  STATEWIDE STANDARD SKILLS ASSESSMENT
    16  7    For development and administration of a statewide
    16  8 standard skills assessment to assess the employability
    16  9 skills of adult workers statewide and to provide
    16 10 instruction to department staff in the administration
    16 11 of the assessment in accordance with section 84A.5,
    16 12 subsection 1, as amended by the Eighty=second General
    16 13 Assembly, 2008 Session:
    16 14 .................................................. $    500,000>
    16 15 #20.  Page 46, by inserting after line 7 the
    16 16 following:
    16 17    <Sec.    .  HEALTHY IOWANS TOBACCO TRUST ==
    16 18 APPROPRIATION == TOBACCO USE PREVENTION AND TREATMENT.
    16 19 There is appropriated from the healthy Iowans tobacco
    16 20 trust created in section 12.65 to the department of
    16 21 public health for the fiscal year beginning July 1,
    16 22 2008, and ending June 30, 2009, the following amount,
    16 23 or so much thereof as is necessary, for the purpose
    16 24 designated:
    16 25    For tobacco use prevention, cessation, and
    16 26 treatment, in addition to other appropriations made
    16 27 for this purpose:
    16 28 .................................................. $  1,000,000
    16 29    Sec.    .  DEPARTMENT OF HUMAN SERVICES == SHELTER
    16 30 CARE.  There is appropriated from the general fund of
    16 31 the state to the department of human services for the
    16 32 fiscal year beginning July 1, 2008, and ending June
    16 33 30, 2009, the following amount, or so much thereof as
    16 34 is necessary, to be used for the purposes designated:
    16 35    For supplementing the appropriation made for child
    16 36 and family services in 2008 Iowa Acts, Senate File
    16 37 2425, if enacted, to be used to increase the amount
    16 38 allocated in that appropriation for shelter care to
    16 39 $8,072,215:
    16 40 .................................................. $  1,000,000
    16 41    Sec.    .  INTERPRETERS FOR THE DEAF.  There is
    16 42 appropriated from the general fund of the state to the
    16 43 department of education for the fiscal year beginning
    16 44 July 1, 2008, and ending June 30, 2009, the following
    16 45 amount, or so much thereof as is necessary, to be used
    16 46 for the purpose designated:
    16 47    Due to the high numbers of articulation agreements
    16 48 between the state school for the deaf and Iowa western
    16 49 community college, for allocation for arrangements
    16 50 made between the state school for the deaf and Iowa
    17  1 western community college for deaf interpreters:
    17  2 .................................................. $    200,000
    17  3    Sec.    .  UNITED STATES CENTER FOR CITIZEN
    17  4 DIPLOMACY.  There is appropriated from the general
    17  5 fund of the state to the office of the secretary of
    17  6 state for the fiscal year beginning July 1, 2008, and
    17  7 ending June 30, 2009, the following amount, or so much
    17  8 thereof as is necessary, to be used for the purpose
    17  9 designated:
    17 10    For a grant to support the United States center for
    17 11 citizen diplomacy:
    17 12 .................................................. $    150,000
    17 13    Sec.    .  DEPARTMENT OF NATURAL RESOURCES.  There
    17 14 is appropriated from any interest or earning moneys in
    17 15 the federal economic stimulus and jobs holding fund to
    17 16 the department of natural resources for the fiscal
    17 17 year beginning July 1, 2008, and ending June 30, 2009,
    17 18 the following amounts, or so much thereof as is
    17 19 necessary, to be used for the purposes designated:
    17 20    For the abatement, control, and prevention of
    17 21 ambient air pollution in this state, including
    17 22 measures as necessary to assure attainment and
    17 23 maintenance of ambient air quality standards from
    17 24 particulate matter:
    17 25 .................................................. $    195,000>
    17 26 #21.  Page 46, by inserting after line 12 the
    17 27 following:
    17 28    <Sec.    .  DEPARTMENT OF CULTURAL AFFAIRS ==
    17 29 BATTLE FLAG EMPLOYEES.  The department of cultural
    17 30 affairs is authorized an additional 1.50 full=time
    17 31 equivalent positions for a conservation assistant and
    17 32 a part=time historian for work related to the
    17 33 stabilization and preservation of the battle flag
    17 34 collection.>
    17 35 #22.  Page 47, by inserting after line 18 the
    17 36 following:
    17 37    <Sec.    .  EFFECTIVE DATE.  The section of this
    17 38 division of this Act amending 2007 Iowa Acts, chapter
    17 39 206, section 6, being deemed of immediate importance,
    17 40 takes effect upon enactment.>
    17 41 #23.  Page 56, by inserting after line 2 the
    17 42 following:
    17 43    <Sec.    .  Section 100C.6, subsection 3, as
    17 44 enacted by 2008 Iowa Acts, House File 2646, section 1,
    17 45 is amended to read as follows:
    17 46    3.  Relieve any person engaged in fire sprinkler
    17 47 installation, maintenance, repair, service, or
    17 48 inspection as defined in section 100D.1 from obtaining
    17 49 a fire sprinkler installer or fire sprinkler and
    17 50 maintenance worker license as required pursuant to
    18  1 chapter 100D.>
    18  2 #24.  Page 58, line 25, by striking the words and
    18  3 figure <Sec. 106.  NEW SECTION.>.
    18  4 #25.  Page 61, by inserting after line 24 the
    18  5 following:
    18  6    <Sec.    .  2008 Iowa Acts, House File 2689,
    18  7 section 35, if enacted, is amended by striking the
    18  8 section and inserting in lieu thereof the following:
    18  9    SEC.    .  EFFECTIVE DATE.  This division of this
    18 10 Act takes effect January 1, 2009.>
    18 11 #26.  Page 62, by inserting after line 29 the
    18 12 following:
    18 13    <Sec.    .  2008 Iowa Acts, Senate File 2432,
    18 14 section 1, subsection 5, paragraph c, if enacted, is
    18 15 amended to read as follows:
    18 16    <c.  For equal distribution to regional sports
    18 17 authority districts certified by the department
    18 18 pursuant to section 15E.321, notwithstanding section
    18 19 8.57, subsection 6, paragraph "c":
    18 20 .................................................. $    500,000
    18 21    Sec.    .  2008 Iowa Acts, Senate File 2432,
    18 22 section 1, subsection 9, paragraph a, if enacted, is
    18 23 amended to read as follows:
    18 24    a.  For purposes of supporting a water trails
    18 25 development program and a lowhead dam public hazard
    18 26 improvement program, notwithstanding section 8.57,
    18 27 subsection 6, paragraph "c":
    18 28 .................................................. $  1,000,000
    18 29    The department shall award grants to dam owners
    18 30 including counties, cities, state agencies,
    18 31 cooperatives, and individuals, to support projects
    18 32 approved by the department.
    18 33    The department shall require each dam owner
    18 34 applying for a project grant to submit a project plan
    18 35 for the expenditure of the moneys, and file a report
    18 36 with the department regarding the project, as required
    18 37 by the department.
    18 38    The funds can be used for signs, posts, and related
    18 39 cabling, and the department shall only award money on
    18 40 a matching basis, pursuant to the dam owner
    18 41 contributing at least 20 cents for every 80 cents
    18 42 awarded by the department, in order to finance the
    18 43 project.  For the remainder of the funds, including
    18 44 any balance of money not awarded for signs, posts, and
    18 45 related cabling, the department shall only award
    18 46 moneys to a dam owner on a matching basis.  A dam
    18 47 owner shall contribute one dollar for each dollar
    18 48 awarded by the department in order to finance a
    18 49 project moneys for the water trails development
    18 50 program or to the lowhead dam public hazard
    19  1 improvement program on a matching basis according to
    19  2 departmental rules.>
    19  3 #27.  Page 62, by inserting after line 29 the
    19  4 following:
    19  5                      <DIVISION    
    19  6                   ANIMAL AGRICULTURE
    19  7    Sec.    .  Section 459.102, subsection 4, Code
    19  8 2007, is amended to read as follows:
    19  9    4.  "Animal feeding operation" means a lot, yard,
    19 10 corral, building, or other area in which animals are
    19 11 confined and fed and maintained for forty=five days or
    19 12 more in any twelve=month period, and all structures
    19 13 used for the storage of manure from animals in the
    19 14 operation.  An Except as required for a national
    19 15 pollutant discharge elimination system permit required
    19 16 pursuant to the federal Water Pollution Control Act,
    19 17 33 U.S.C. ch. 26, as amended, an animal feeding
    19 18 operation does not include a livestock market.
    19 19    Sec.    .  Section 459A.103, subsection 3, Code
    19 20 2007, is amended to read as follows:
    19 21    3.  a.  In calculating the animal unit capacity of
    19 22 an open feedlot operation, the animal unit capacity
    19 23 shall not include the animal unit capacity of any
    19 24 confinement feeding operation building as defined in
    19 25 section 459.102, which is part of the open feedlot
    19 26 operation.
    19 27    b.  Notwithstanding paragraph "a", only for
    19 28 purposes of determining whether an open feedlot
    19 29 operation must obtain an operating permit, the animal
    19 30 unit capacity of the animal feeding operation includes
    19 31 the animal unit capacities of both the open feedlot
    19 32 operation and the confinement feeding operation if the
    19 33 animals in the open feedlot operation and the
    19 34 confinement feeding operation are all in the same
    19 35 category or type of animals as used in the definitions
    19 36 of large and medium concentrated animal feeding
    19 37 operations in 40 C.F.R. pt. 122.  In all other
    19 38 respects the confinement feeding operation shall be
    19 39 governed by chapter 459 and the open feedlot operation
    19 40 shall be governed by this chapter.
    19 41    Sec.    .  Section 459A.401, subsection 2,
    19 42 paragraph a, unnumbered paragraph 1, Code Supplement
    19 43 2007, is amended to read as follows:
    19 44    An open feedlot operation in compliance with the
    19 45 inspection and recordkeeping requirements of 40 C.F.R.
    19 46 pt. 122 and 40 C.F.R. pt. 412 applicable to the
    19 47 operation may discharge open feedlot effluent into any
    19 48 waters of the United States due to a precipitation
    19 49 event, if any of the following apply:
    19 50    Sec.    .  COMPLIANCE EDUCATION EFFORT.  The
    20  1 department of natural resources shall provide for a
    20  2 compliance education effort.  In administering the
    20  3 effort, the department, in cooperation with
    20  4 associations that represent livestock producers and
    20  5 organizations that represent farmers generally, shall
    20  6 provide information on a statewide basis to persons
    20  7 involved with maintaining animals in a confinement
    20  8 feeding operation or open feedlot operation regarding
    20  9 methods and practices to ensure compliance with this
    20 10 Act.
    20 11    Sec.    .  APPLICABILITY AND ENFORCEMENT.
    20 12    1.  A person required to obtain an operating permit
    20 13 for an animal feeding operation by the department of
    20 14 natural resources pursuant to 567 IAC ch. 65, and
    20 15 section 459.102, subsection 4, as amended by this
    20 16 division of this Act, or section 459A.103, subsection
    20 17 3, as amended by this division of this Act, shall
    20 18 submit an application for the operating permit to the
    20 19 department of natural resources on or before December
    20 20 31, 2008.  The application for the operating permit
    20 21 must be complete, including all information required
    20 22 to be included in the application according to rules
    20 23 adopted by the department.
    20 24    2.  a.  The state shall not take an enforcement
    20 25 action against a person arising from the person's
    20 26 failure to obtain an operating permit by the
    20 27 department of natural resources as required pursuant
    20 28 to this division of this Act if the person's
    20 29 application for the operating permit application is
    20 30 pending in accordance with subsection 1.
    20 31    b.  The state shall not take an enforcement action
    20 32 against a person arising from the person's failure to
    20 33 obtain an operating permit as required pursuant to
    20 34 this division of this Act for the period beginning on
    20 35 the day when the department of natural resources
    20 36 denies the person's application for the operation
    20 37 permit and ending on the thirtieth day after the
    20 38 person receives written notice that such application
    20 39 has been denied.
    20 40    Sec.    .  EFFECTIVE DATE.
    20 41    1.  Except as provided in subsection 2, this
    20 42 division of this Act takes effect on December 31,
    20 43 2008.
    20 44    2.  The section of this division of this Act
    20 45 establishing a compliance education effort takes
    20 46 effect upon enactment.
    20 47                      DIVISION    
    20 48              RETIREMENT FOR SENIOR JUDGES
    20 49    Sec.    .  Section 602.9202, Code 2007, is amended
    20 50 by adding the following new subsection:
    21  1    NEW SUBSECTION.  3A.  "Senior judge retirement age"
    21  2 means seventy=eight years of age or, if the senior
    21  3 judge is reappointed as a senior judge for an
    21  4 additional two=year term upon attaining seventy=eight
    21  5 years of age pursuant to section 602.9203, eighty
    21  6 years of age.
    21  7    Sec.    .  Section 602.9203, subsection 5, Code
    21  8 2007, is amended to read as follows:
    21  9    5.  a.  A senior judge may be reappointed to
    21 10 additional two=year terms, at the discretion of the
    21 11 supreme court, if the judicial officer meets the
    21 12 requirements of subsection 2.
    21 13    b.  A senior judge may be reappointed to an
    21 14 additional two=year term upon attaining seventy=eight
    21 15 years of age, at the discretion of the supreme court,
    21 16 if the judicial officer meets the requirements of
    21 17 subsection 2.
    21 18    Sec.    .  Section 602.9204, subsection 1, Code
    21 19 2007, is amended to read as follows:
    21 20    1.  A judge who retires on or after July 1, 1994,
    21 21 and who is appointed a senior judge under section
    21 22 602.9203 shall be paid a salary as determined by the
    21 23 general assembly.  A senior judge or retired senior
    21 24 judge shall be paid an annuity under the judicial
    21 25 retirement system in the manner provided in section
    21 26 602.9109, but computed under this section in lieu of
    21 27 section 602.9107, as follows:  The annuity paid to a
    21 28 senior judge or retired senior judge shall be an
    21 29 amount equal to the applicable percentage multiplier
    21 30 of the basic senior judge salary, multiplied by the
    21 31 judge's years of service prior to retirement as a
    21 32 judge of one or more of the courts included under this
    21 33 article, for which contributions were made to the
    21 34 system, except the annuity of the senior judge or
    21 35 retired senior judge shall not exceed an amount equal
    21 36 to the applicable specified percentage of the basic
    21 37 senior judge salary used in calculating the annuity.
    21 38 However, following the twelve=month period during
    21 39 which the senior judge or retired senior judge attains
    21 40 seventy=eight years of senior judge retirement age,
    21 41 the annuity paid to the person shall be an amount
    21 42 equal to the applicable percentage multiplier of the
    21 43 basic senior judge salary cap, multiplied by the
    21 44 judge's years of service prior to retirement as a
    21 45 judge of one or more of the courts included under this
    21 46 article, for which contributions were made to the
    21 47 system, except that the annuity shall not exceed an
    21 48 amount equal to the applicable specified percentage of
    21 49 the basic senior judge salary cap.  A senior judge or
    21 50 retired senior judge shall not receive benefits
    22  1 calculated using a basic senior judge salary
    22  2 established after the twelve=month period in which the
    22  3 senior judge or retired senior judge attains
    22  4 seventy=eight years of senior judge retirement age.
    22  5 The state shall provide, regardless of age, to an
    22  6 active senior judge or a senior judge with six years
    22  7 of service as a senior judge and to the judge's
    22  8 spouse, and pay for medical insurance until the judge
    22  9 attains the senior judge retirement age of
    22 10 seventy=eight years.
    22 11    Sec.    .  Section 602.9204, subsection 2,
    22 12 paragraphs d and e, Code 2007, is amended to read as
    22 13 follows:
    22 14    d.  "Basic senior judge salary cap" means the basic
    22 15 senior judge salary, at the end of the twelve=month
    22 16 period during which the senior judge or retired senior
    22 17 judge attained seventy=eight years of senior judge
    22 18 retirement age, of the office in which the person last
    22 19 served as a judge before retirement as a judge or
    22 20 senior judge.
    22 21    e.  "Escalator" means the difference between the
    22 22 current basic salary, as of the time each payment is
    22 23 made up to and including the twelve=month period
    22 24 during which the senior judge or retired senior judge
    22 25 attains seventy=eight years of senior judge retirement
    22 26 age, of the office in which the senior judge last
    22 27 served as a judge before retirement as a judge or
    22 28 senior judge, and the basic annual salary which the
    22 29 judge is receiving at the time the judge becomes
    22 30 separated from full=time service as a judge of one or
    22 31 more of the courts included in this article, as would
    22 32 be used in computing an annuity pursuant to section
    22 33 602.9107 without service as a senior judge.
    22 34    Sec.    .  Section 602.9207, subsection 1, Code
    22 35 2007, is amended to read as follows:
    22 36    1.  A senior judge shall cease to be a senior judge
    22 37 upon completion of the twelve=month period during
    22 38 which the judge attains seventy=eight years of senior
    22 39 judge retirement age.  The clerk of the supreme court
    22 40 shall make a notation of the retirement of a senior
    22 41 judge in the roster of senior judges, at which time
    22 42 the senior judge shall become a retired senior judge.
    22 43    Sec.    .  Section 602.9208, subsection 1, Code
    22 44 2007, is amended to read as follows:
    22 45    1.  A senior judge, at any time prior to the end of
    22 46 the twelve=month period during which the judge attains
    22 47 seventy=eight years of senior judge retirement age,
    22 48 may submit to the clerk of the supreme court a written
    22 49 request that the judge's name be stricken from the
    22 50 roster of senior judges.  Upon the receipt of the
    23  1 request the clerk shall strike the name of the person
    23  2 from the roster of senior judges, at which time the
    23  3 person shall cease to be a senior judge.  A person who
    23  4 relinquishes a senior judgeship as provided in this
    23  5 subsection may be assigned to temporary judicial
    23  6 duties as provided in section 602.1612.
    23  7                      DIVISION    
    23  8               CORE CURRICULUM FOR SCHOOLS
    23  9    Sec.    .  Section 256.7, subsection 26, Code
    23 10 Supplement 2007, as amended by 2008 Iowa Acts, Senate
    23 11 File 2216, section 1, is amended to read as follows:
    23 12    26.  a.  Adopt rules that establish a core
    23 13 curriculum and requiring, beginning with the students
    23 14 in the 2010==2011 school year graduating class, high
    23 15 school graduation requirements for all students in
    23 16 school districts and accredited nonpublic schools that
    23 17 include at a minimum satisfactory completion of four
    23 18 years of English and language arts, three years of
    23 19 mathematics, three years of science, and three years
    23 20 of social studies.  The core curriculum adopted shall
    23 21 address the core content standards in subsection 28
    23 22 and the skills and knowledge students need to be
    23 23 successful in the twenty=first century.  The core
    23 24 curriculum shall include social studies and
    23 25 twenty=first century learning skills which include but
    23 26 are not limited to civic literacy, health literacy,
    23 27 technology literacy, financial literacy, and
    23 28 employability skills; and shall address the curricular
    23 29 needs of students in kindergarten through grade twelve
    23 30 in those areas.  For purposes of this subsection,
    23 31 "financial literacy" shall include but not be limited
    23 32 to financial responsibility and planning skills; money
    23 33 management skills, including setting financial goals,
    23 34 creating spending plans, and using financial
    23 35 instruments; applying decision=making skills to
    23 36 analyze debt incurrence and debt management;
    23 37 understanding risk management, including the features
    23 38 and functions of insurance; and understanding saving
    23 39 and investing as applied to long=term financial
    23 40 security and asset building.  The department shall
    23 41 further define the twenty=first century learning
    23 42 skills components by rule.
    23 43    b.  Continue the inclusive process begun during the
    23 44 initial development of a core curriculum for grades
    23 45 nine through twelve including stakeholder involvement,
    23 46 including but not limited to representatives from the
    23 47 private sector and the business community, and
    23 48 alignment of the core curriculum to other recognized
    23 49 sets of national and international standards.  The
    23 50 state board shall also recommend quality assessments
    24  1 to school districts and accredited nonpublic schools
    24  2 to measure the core curriculum.
    24  3    The state board shall not require school districts
    24  4 or accredited nonpublic schools to adopt a specific
    24  5 textbook or textbook series to meet the core
    24  6 curriculum requirements of Neither the state board nor
    24  7 the department shall require school districts or
    24  8 accredited nonpublic schools to adopt a specific
    24  9 textbook, textbook series, or specific instructional
    24 10 methodology, or acquire specific textbooks, curriculum
    24 11 materials, or educational products from a specific
    24 12 vendor in order to meet the core curriculum
    24 13 requirements of this subsection or the core content
    24 14 standards adopted pursuant to subsection 28.
    24 15    Sec.    .  Section 256.9, subsection 57, as enacted
    24 16 by 2008 Iowa Acts, section 2, is amended to read as
    24 17 follows:
    24 18    57.  a.  Develop and distribute, in collaboration
    24 19 with the area education agencies, core curriculum
    24 20 technical assistance and implementation strategies
    24 21 that school districts and accredited nonpublic schools
    24 22 may shall utilize, including but not limited to the
    24 23 development and delivery of formative and
    24 24 end=of=course model assessments classroom teachers can
    24 25 may use to measure student progress on the core
    24 26 curriculum adopted pursuant to section 256.7,
    24 27 subsection 26.  The department shall continue to
    24 28 collaborate with Iowa testing programs on the
    24 29 development of, in collaboration with the advisory
    24 30 group convened in accordance with paragraph "b" and
    24 31 educational assessment providers, identify and make
    24 32 available to school districts end=of=course and
    24 33 additional model end=of=course and additional
    24 34 assessments to align with the expectations included in
    24 35 the Iowa core curriculum.  The model assessments shall
    24 36 be suitable to meet the multiple assessment measures
    24 37 requirement specified in section 256.7, subsection 21,
    24 38 paragraph "c".
    24 39    b.  Convene an advisory group comprised of
    24 40 education stakeholders including but not limited to
    24 41 school district and accredited nonpublic school
    24 42 teachers, school administrators, higher education
    24 43 faculty who teach in the subjects for which the
    24 44 curriculum is being adopted, private sector employers,
    24 45 members of the boards of directors of school
    24 46 districts, and individuals representing the
    24 47 educational assessment providers.  The task force
    24 48 shall review the national assessment of educational
    24 49 progress standards and assessments used by other
    24 50 states, and shall consider standards identified as
    25  1 best practices in the field of study by the national
    25  2 councils of teachers of English and mathematics, the
    25  3 national council for the social studies, the national
    25  4 science teachers association, and other recognized
    25  5 experts.
    25  6    Sec.    .  Section 257.11, Code Supplement 2007, is
    25  7 amended by adding the following new subsection:
    25  8    NEW SUBSECTION.  8A.  A school district shall
    25  9 ensure that any course made available to a student
    25 10 through any sharing agreement between the school
    25 11 district and a community college or any other entity
    25 12 providing course programming pursuant to this section
    25 13 to students enrolled in the school district meets the
    25 14 expectations contained in the core curriculum adopted
    25 15 pursuant to section 256.7, subsection 26.  The school
    25 16 district shall ensure that any course that has the
    25 17 capacity to generate college credit shall be
    25 18 equivalent to college=level work.
    25 19    Sec.    .  Section 280.2, Code 2007, is amended to
    25 20 read as follows:
    25 21    280.2  DEFINITIONS.
    25 22    The term "public school" means any school directly
    25 23 supported in whole or in part by taxation.  The term
    25 24 "nonpublic school" means any other school which is
    25 25 accredited or which uses licensed practitioners as
    25 26 instructors pursuant to section 256.11.
    25 27    Sec.    .  2008 Iowa Acts, Senate File 2216,
    25 28 section 6, is amended to read as follows:
    25 29    SEC. 6.  DEPARTMENT OF EDUCATION == CORE CURRICULUM
    25 30 STUDY.  The department of education shall conduct a
    25 31 study of the measures necessary for the successful
    25 32 adoption by the state's school districts and
    25 33 accredited nonpublic schools of core curriculums and
    25 34 core content standards established by rule pursuant to
    25 35 section 256.7, subsections 26 and 28.  The study shall
    25 36 include an examination of the possible future
    25 37 expansion of the core curriculum to include content
    25 38 areas not currently included under section 256.7,
    25 39 subsection 26, including but not limited to fine arts,
    25 40 applied arts, humanities, and world languages.  The
    25 41 department shall submit its findings and
    25 42 recommendations, including recommendations for
    25 43 statutory and administrative rule changes necessary,
    25 44 to the general assembly by November 14, 2008.
    25 45                      DIVISION    
    25 46        PUBLIC INFORMATION BOARD == APPROPRIATION
    25 47    Sec.    .  Section 21.6, subsection 3, paragraph a,
    25 48 subparagraph (3), Code 2007, is amended to read as
    25 49 follows:
    25 50    (3)  Reasonably relied upon a decision of a court,
    26  1 or a formal opinion of the Iowa public information
    26  2 board, the attorney general, or the attorney for the
    26  3 governmental body, given in writing, or as
    26  4 memorialized in the minutes of the meeting at which a
    26  5 formal oral opinion was given, or an advisory opinion
    26  6 of the Iowa public information board, the attorney
    26  7 general, or the attorney for the governmental body,
    26  8 given in writing.
    26  9    Sec.    .  Section 21.6, subsection 3, paragraph d,
    26 10 Code 2007, is amended to read as follows:
    26 11    d.  Shall issue an order removing a member of a
    26 12 governmental body from office if that member has
    26 13 engaged in a prior violation of this chapter for which
    26 14 damages were assessed against the member during the
    26 15 member's term.  In making this determination, the
    26 16 court shall recognize violations for which damages
    26 17 were assessed by the Iowa public information board
    26 18 created in section 23.3.
    26 19    Sec.    .  Section 22.10, subsection 3, paragraphs
    26 20 b and d, Code 2007, are amended to read as follows:
    26 21    b.  Shall assess the persons who participated in
    26 22 its violation damages in the amount of not more than
    26 23 five hundred dollars nor less than one hundred
    26 24 dollars.  These damages shall be paid by the court
    26 25 imposing them to the state of Iowa if the body in
    26 26 question is a state government body, or to the local
    26 27 government involved if the body in question is a local
    26 28 government body.  A person found to have violated this
    26 29 chapter shall not be assessed such damages if that
    26 30 person proves that the person either voted against the
    26 31 action violating this chapter, refused to participate
    26 32 in the action violating this chapter, or engaged in
    26 33 reasonable efforts under the circumstances to resist
    26 34 or prevent the action in violation of this chapter;
    26 35 had good reason to believe and in good faith believed
    26 36 facts which, if true, would have indicated compliance
    26 37 with the requirements of this chapter; or reasonably
    26 38 relied upon a decision of a court or an a formal
    26 39 opinion of the Iowa public information board, the
    26 40 attorney general or the attorney for the government
    26 41 body, given in writing or as memorialized in the
    26 42 minutes of the meeting at which a formal oral opinion
    26 43 was given, or an advisory opinion of the Iowa public
    26 44 information board, the attorney general, or the
    26 45 attorney for the government body, given in writing.
    26 46    d.  Shall issue an order removing a person from
    26 47 office if that person has engaged in a prior violation
    26 48 of this chapter for which damages were assessed
    26 49 against the person during the person's term.  In
    26 50 making this determination, the court shall recognize
    27  1 violations for which damages were assessed by the Iowa
    27  2 public information board created in section 23.3.
    27  3    Sec.    .  NEW SECTION.  23.1  CITATION AND
    27  4 PURPOSE.
    27  5    This chapter may be cited as the "Iowa Public
    27  6 Information Board Act".  The purpose of this chapter
    27  7 is to provide an alternative means by which to secure
    27  8 compliance with and enforcement of the requirements of
    27  9 chapters 21 and 22 through the provision by the Iowa
    27 10 public information board to all interested parties of
    27 11 an efficient, informal, and cost=effective process for
    27 12 resolving disputes.
    27 13    Sec.    .  NEW SECTION.  23.2  DEFINITIONS.
    27 14    1.  "Board" means the Iowa public information board
    27 15 created in section 23.3.
    27 16    2.  "Complainant" means a person who files a
    27 17 complaint with the board.
    27 18    3.  "Complaint" means a written and signed document
    27 19 filed with the board alleging a violation of chapter
    27 20 21 or 22.
    27 21    4.  "Custodian" means a government body, government
    27 22 official, or government employee designated as the
    27 23 lawful custodian of a government record pursuant to
    27 24 section 22.1.
    27 25    5.  "Government body" means the same as defined in
    27 26 section 22.1.
    27 27    6.  "Person" means an individual, partnership,
    27 28 association, corporation, legal representative,
    27 29 trustee, receiver, custodian, government body, or
    27 30 official, employee, agency, or political subdivision
    27 31 of this state.
    27 32    7.  "Respondent" means any agency or other unit of
    27 33 state or local government, custodian, government
    27 34 official, or government employee who is the subject of
    27 35 a complaint.
    27 36    Sec.    .  NEW SECTION.  23.3  BOARD APPOINTED.
    27 37    1.  An Iowa public information board is created
    27 38 consisting of five members appointed by the governor,
    27 39 subject to confirmation by the senate.  Membership
    27 40 shall be balanced as to political affiliation as
    27 41 provided in section 69.16 and gender as provided in
    27 42 section 69.16A.  Members appointed to the board shall
    27 43 serve staggered, four=year terms, beginning and ending
    27 44 as provided by section 69.19.  A quorum shall consist
    27 45 of three members.
    27 46    2.  A vacancy on the board shall be filled by the
    27 47 governor by appointment for the unexpired part of the
    27 48 term.  A board member may be removed from office by
    27 49 the governor for good cause.  The board shall select
    27 50 one of its members to serve as chair and shall employ
    28  1 a director who shall serve as the executive officer of
    28  2 the board.
    28  3    Sec.    .  NEW SECTION.  23.4  COMPENSATION AND
    28  4 EXPENSES.
    28  5    Board members shall be paid a per diem as specified
    28  6 in section 7E.6 and shall be reimbursed for actual and
    28  7 necessary expenses incurred while on official board
    28  8 business.  Per diem and expenses shall be paid from
    28  9 funds appropriated to the board.
    28 10    Sec.    .  NEW SECTION.  23.5  ELECTION OF
    28 11 REMEDIES.
    28 12    1.  An aggrieved person, any taxpayer to or citizen
    28 13 of this state, the attorney general, or any county
    28 14 attorney may seek enforcement of the requirements of
    28 15 chapters 21 and 22 by electing either to file an
    28 16 action pursuant to section 17A.19, 21.6, or 22.10,
    28 17 whichever is applicable, or in the alternative, to
    28 18 file a timely complaint with the board.
    28 19    2.  If more than one person seeks enforcement of
    28 20 chapter 21 or 22 with respect to the same incident
    28 21 involving an alleged violation, and one or more of
    28 22 such persons elects to do so by filing an action under
    28 23 section 17A.19, 21.6, or 22.10 and one or more of such
    28 24 persons elects to do so by filing a timely complaint
    28 25 with the board, the court in which the action was
    28 26 filed shall dismiss the action without prejudice,
    28 27 authorizing the complainant to file a complaint with
    28 28 respect to the same incident with the board without
    28 29 regard to the timeliness of the filing of the
    28 30 complaint at the time the action in court is
    28 31 dismissed.
    28 32    3.  If a person files an action pursuant to section
    28 33 22.8 seeking to enjoin the inspection of a public
    28 34 record, the respondent or person requesting access to
    28 35 the record which is the subject of the request for
    28 36 injunction may remove the proceeding to the board for
    28 37 its determination by filing, within thirty days of the
    28 38 commencement of the judicial proceeding, a complaint
    28 39 with the board alleging a violation of chapter 22 in
    28 40 regard to the same matter.
    28 41    Sec.    .  NEW SECTION.  23.6  BOARD POWERS AND
    28 42 DUTIES.
    28 43    The board shall have all of the following powers
    28 44 and duties:
    28 45    1.  Employ such employees as are necessary to
    28 46 execute its authority, including administrative law
    28 47 judges, and attorneys to prosecute respondents in
    28 48 proceedings before the board and to represent the
    28 49 board in proceedings before a court.  Notwithstanding
    28 50 section 8A.412, all of the board's employees, except
    29  1 for the executive director and attorneys, shall be
    29  2 employed subject to the merit system provisions of
    29  3 chapter 8A, subchapter IV.
    29  4    2.  Adopt rules with the force of law pursuant to
    29  5 chapter 17A calculated to implement, enforce, and
    29  6 interpret the requirements of chapters 21 and 22 and
    29  7 to implement any authority delegated to the board by
    29  8 this chapter.
    29  9    3.  Issue, consistent with the requirements of
    29 10 section 17A.9, declaratory orders with the force of
    29 11 law determining the applicability of chapter 21 or 22
    29 12 to specified fact situations and issue informal advice
    29 13 to any person concerning the applicability of chapters
    29 14 21 and 22.
    29 15    4.  Receive complaints alleging violations of
    29 16 chapter 21 or 22, seek resolution of such complaints
    29 17 through informal assistance or through mediation and
    29 18 settlement, formally investigate such complaints,
    29 19 decide after such an investigation whether there is
    29 20 probable cause to believe a violation of chapter 21 or
    29 21 22 has occurred, and if probable cause has been found
    29 22 prosecute the respondent before the board in a
    29 23 contested case proceeding conducted according to the
    29 24 provisions of chapter 17A.
    29 25    5.  Request and receive from a government body
    29 26 assistance and information as necessary in the
    29 27 performance of its duties.  The board may examine a
    29 28 record of a government body that is the subject matter
    29 29 of a complaint, including any record that is
    29 30 confidential by law.  Confidential records provided to
    29 31 the board by a governmental body shall continue to
    29 32 maintain their confidential status.  Any member or
    29 33 employee of the board is subject to the same policies
    29 34 and penalties regarding the confidentiality of the
    29 35 document as an employee of the government body.
    29 36    6.  Issue subpoenas enforceable in court for the
    29 37 purpose of investigating complaints and to facilitate
    29 38 the prosecution and conduct of contested cases before
    29 39 the board.
    29 40    7.  After appropriate board proceedings, issue
    29 41 orders with the force of law, determining whether
    29 42 there has been a violation of chapter 21 or 22,
    29 43 requiring compliance with specified provisions of
    29 44 those chapters, imposing civil penalties equivalent to
    29 45 and to the same extent as those provided for in
    29 46 section 21.6 or 22.10, as applicable, on a respondent
    29 47 who has been found in violation of chapter 21 or 22,
    29 48 and imposing any other appropriate remedies calculated
    29 49 to declare, terminate, or remediate any violation of
    29 50 those chapters.
    30  1    8.  Represent itself in judicial proceedings to
    30  2 enforce or defend its orders and rules through
    30  3 attorneys on its own staff, through the office of the
    30  4 attorney general, or through other attorneys retained
    30  5 by the board, at its option.
    30  6    9.  Make training opportunities available to lawful
    30  7 custodians, government bodies, and other persons
    30  8 subject to the requirements of chapters 21 and 22 and
    30  9 require, in its discretion, appropriate persons who
    30 10 have responsibilities in relation to chapters 21 and
    30 11 22 to receive periodic training approved by the board.
    30 12    10.  Disseminate information calculated to inform
    30 13 members of the public about the public's right to
    30 14 access government information in this state including
    30 15 procedures to facilitate this access and including
    30 16 information relating to the obligations of government
    30 17 bodies under chapter 21 and lawful custodians under
    30 18 chapter 22 and other laws dealing with this subject.
    30 19    11.  Prepare and transmit to the governor and to
    30 20 the general assembly, at least annually, reports
    30 21 describing complaints received, board proceedings,
    30 22 investigations, hearings conducted, decisions
    30 23 rendered, and other work performed by the board.
    30 24    12.  Make recommendations to the general assembly
    30 25 proposing legislation relating to public access to
    30 26 government information deemed desirable by the board
    30 27 in light of the policy of this state to provide as
    30 28 much public access as possible to government
    30 29 information as is consistent with the public interest
    30 30 and the need to protect individuals against undue
    30 31 invasions of personal privacy.
    30 32    Sec.    .  NEW SECTION.  23.7  FILING OF COMPLAINTS
    30 33 WITH THE BOARD.
    30 34    1.  The board shall adopt rules with the force of
    30 35 law and pursuant to chapter 17A providing for the
    30 36 timing, form, content, and means by which any
    30 37 aggrieved person, any taxpayer to or citizen of this
    30 38 state, the attorney general, or any county attorney
    30 39 may file a complaint with the board alleging a
    30 40 violation of chapter 21 or 22.  The complaint must be
    30 41 filed within sixty days from the time the alleged
    30 42 violation occurred or the complainant could have
    30 43 become aware of the violation with reasonable
    30 44 diligence.
    30 45    2.  All board proceedings in response to the filing
    30 46 of a complaint shall be conducted as expeditiously as
    30 47 possible.
    30 48    3.  The board shall not charge a complainant any
    30 49 fee in relation to the filing of a complaint, the
    30 50 processing of a complaint, or any board proceeding or
    31  1 judicial proceeding resulting from the filing of a
    31  2 complaint.
    31  3    Sec.    .  NEW SECTION.  23.8  INITIAL PROCESSING
    31  4 OF COMPLAINT.
    31  5    Upon receipt of a complaint alleging a violation of
    31  6 chapter 21 or 22, the board shall do either of the
    31  7 following:
    31  8    1.  Determine that, on its face, the complaint is
    31  9 within the board's jurisdiction, appears legally
    31 10 sufficient, and could have merit.  In such a case the
    31 11 board shall accept the complaint, and shall notify the
    31 12 parties of that fact in writing.
    31 13    2.  Determine that, on its face, the complaint is
    31 14 outside its jurisdiction, is legally insufficient, is
    31 15 frivolous, is without merit, involves harmless error,
    31 16 or relates to a specific incident that has previously
    31 17 been finally disposed of on its merits by the board or
    31 18 a court.  In such a case the board shall decline to
    31 19 accept the complaint.  If the board refuses to accept
    31 20 a complaint, the board shall provide the complainant
    31 21 with a written order explaining its reasons for the
    31 22 action.
    31 23    Sec.    .  NEW SECTION.  23.9  INFORMAL ASSISTANCE
    31 24 == MEDIATION AND SETTLEMENT.
    31 25    1.  After accepting a complaint, the board shall
    31 26 promptly work with the parties through its employees
    31 27 to reach an informal, expeditious resolution of the
    31 28 complaint.  If an informal resolution satisfactory to
    31 29 the parties cannot be reached, the board or the
    31 30 board's designee shall offer the parties an
    31 31 opportunity to resolve the dispute through mediation
    31 32 and settlement.
    31 33    2.  The mediation and settlement process shall
    31 34 enable the complainant to attempt to resolve the
    31 35 dispute with the aid of a neutral mediator employed
    31 36 and selected by the board, in its discretion, from
    31 37 either its own staff or an outside source.
    31 38    3.  Mediation shall be conducted as an informal,
    31 39 nonadversarial process and in a manner calculated to
    31 40 help the parties reach a mutually acceptable and
    31 41 voluntary settlement agreement.  The mediator shall
    31 42 assist the parties in identifying issues and shall
    31 43 foster joint problem solving and the exploration of
    31 44 settlement alternatives.
    31 45    Sec.    .  NEW SECTION.  23.10  ENFORCEMENT.
    31 46    1.  If any party declines mediation or settlement
    31 47 or if mediation or settlement fails to resolve the
    31 48 matter to the satisfaction of all parties, the board
    31 49 shall initiate a formal investigation concerning the
    31 50 facts and circumstances set forth in the complaint.
    32  1 The board shall, after an appropriate investigation,
    32  2 make a determination as to whether the complaint is
    32  3 within the board's jurisdiction and whether there is
    32  4 probable cause to believe that the facts and
    32  5 circumstances alleged in the complaint constitute a
    32  6 violation of chapter 21 or 22.
    32  7    2.  If the board finds the complaint is outside the
    32  8 board's jurisdiction or there is no probable cause to
    32  9 believe there has been a violation of chapter 21 or
    32 10 22, the board shall issue a written order explaining
    32 11 the reasons for the board's conclusions and dismissing
    32 12 the complaint, and shall transmit a copy to the
    32 13 complainant and to the party against whom the
    32 14 complaint was filed.
    32 15    3.  a.  If the board finds the complaint is within
    32 16 the board's jurisdiction and there is probable cause
    32 17 to believe there has been a violation of chapter 21 or
    32 18 22, the board shall issue a written order to that
    32 19 effect and shall commence a contested case proceeding
    32 20 under chapter 17A against the respondent.  An attorney
    32 21 selected by the director of the board shall prosecute
    32 22 the respondent in the contested case proceeding.  At
    32 23 the termination of the contested case proceeding the
    32 24 board shall, by a majority vote of its members, render
    32 25 a final decision as to the merits of the complaint.
    32 26 If the board finds that the complaint has merit, the
    32 27 board may issue any appropriate order to ensure
    32 28 enforcement of chapter 21 or 22 including but not
    32 29 limited to an order requiring specified action or
    32 30 prohibiting specified action and any appropriate order
    32 31 to remedy any failure of the respondent to observe any
    32 32 provision of those chapters.
    32 33    b.  If the board determines, by a majority vote of
    32 34 its members, that the respondent has violated chapter
    32 35 21 or 22, the board may also do any or all of the
    32 36 following:
    32 37    (1)  Require the respondent to pay damages as
    32 38 provided for in section 21.6 or 22.10, whichever is
    32 39 applicable, to the extent that provision would make
    32 40 such damages payable if the complainant had sought to
    32 41 enforce a violation in court instead of through the
    32 42 board.
    32 43    (2)  Void any action taken in violation of chapter
    32 44 21 if a court would be authorized to do so in similar
    32 45 circumstances pursuant to section 21.6.
    32 46    c.  The board shall not have the authority to
    32 47 remove a person from public office for a violation of
    32 48 chapter 21 or 22.  The board may file an action under
    32 49 chapter 21 or 22 to remove a person from office for
    32 50 violations that would subject a person to removal
    33  1 under those chapters.
    33  2    d.  A final board order resulting from such
    33  3 proceedings may be enforced by the board in court and
    33  4 is subject to judicial review pursuant to section
    33  5 17A.19.
    33  6    Sec.    .  NEW SECTION.  23.11  DEFENSES IN A
    33  7 CONTESTED CASE PROCEEDING.
    33  8    A respondent may defend against a proceeding before
    33  9 the board charging a violation of chapter 21 or 22 on
    33 10 the ground that if such a violation occurred it was
    33 11 only harmless error or that clear and convincing
    33 12 evidence demonstrated that grounds existed to justify
    33 13 a court to issue an injunction against disclosure
    33 14 pursuant to section 22.8.
    33 15    Sec.    .  NEW SECTION.  23.12  JURISDICTION.
    33 16    The board shall not have jurisdiction over the
    33 17 judicial or legislative branches of state government
    33 18 or any entity, officer, or employee of those branches,
    33 19 or over the governor or the office of the governor.
    33 20    Sec.    .  IOWA PUBLIC INFORMATION BOARD ==
    33 21 TRANSITION PROVISIONS.
    33 22    1.  The initial members of the Iowa public
    33 23 information board established pursuant to this
    33 24 division of this Act shall be appointed by September
    33 25 1, 2008.
    33 26    2.  Notwithstanding any provision of this division
    33 27 of this Act to the contrary, the director of the board
    33 28 and employees of the board shall not be hired prior to
    33 29 July 1, 2009.
    33 30    3.  Prior to July 1, 2009, the board shall submit a
    33 31 report to the governor and the general assembly.  The
    33 32 report shall include a job description for the
    33 33 executive director of the board, goals for board
    33 34 operations, and performance measures to measure
    33 35 achievement of the board's goals.
    33 36    Sec.    .  APPROPRIATION == IOWA PUBLIC INFORMATION
    33 37 BOARD.  There is appropriated from the general fund of
    33 38 the state to the department of management for the
    33 39 fiscal year beginning July 1, 2008, and ending June
    33 40 30, 2009, the following amount, or so much thereof as
    33 41 is necessary, to be used for the following purpose:
    33 42    For the initial expenses of the Iowa public
    33 43 information board as established in this division of
    33 44 this Act:
    33 45 .................................................. $      6,000
    33 46    Sec.    .  LEGISLATIVE INTENT == OPEN MEETINGS AND
    33 47 PUBLIC RECORDS LAWS.  It is the intent of the general
    33 48 assembly to provide as much transparency in government
    33 49 operations as possible consistent with the need to
    33 50 avoid undue invasions of personal privacy and the need
    34  1 to avoid significant interference with the achievement
    34  2 of other important and legitimate state objectives.
    34  3 To these ends, the general assembly will continue to
    34  4 consider and make any necessary technical, practical,
    34  5 and policy revisions to Iowa's open meetings law,
    34  6 chapter 21, and Iowa's public records law, chapter 22.
    34  7                      DIVISION ___
    34  8            WAGE=BENEFITS TAX CREDIT PROGRAM
    34  9    Sec.    .  Section 15.335A, subsection 2,
    34 10 paragraphs b and c, Code 2007, are amended by striking
    34 11 the paragraphs and inserting in lieu thereof the
    34 12 following:
    34 13    b.  "Average county wage" means the annualized,
    34 14 average hourly wage based on wage information compiled
    34 15 by the department of workforce development.
    34 16    c.  "Benefits" means all of the following:
    34 17    (1)  Medical and dental insurance plans.  If an
    34 18 employer offers medical insurance under both single
    34 19 and family coverage plans, the employer shall be given
    34 20 credit for providing medical insurance under family
    34 21 coverage plans to all new employees.
    34 22    (2)  Pension and profit sharing plans.
    34 23    (3)  Child care services.
    34 24    (4)  Life insurance coverage.
    34 25    (5)  Other benefits identified by rule of the
    34 26 department of revenue.
    34 27    Sec.    .  Section 15.336, Code 2007, is amended to
    34 28 read as follows:
    34 29    15.336  OTHER INCENTIVES.
    34 30    An eligible business may receive other applicable
    34 31 federal, state, and local incentives and credits in
    34 32 addition to those provided in this part.  However, a
    34 33 business which participates in the program under this
    34 34 part shall not receive any wage=benefits tax credits
    34 35 under chapter 15I.
    34 36    Sec.    .  Section 15G.112, subsection 1, Code
    34 37 2007, is amended to read as follows:
    34 38    1.  In order to receive financial assistance from
    34 39 the department from moneys appropriated from the grow
    34 40 Iowa values fund, the average annual wage, including
    34 41 benefits, of new jobs created must be equal to or
    34 42 greater than one hundred thirty percent of the average
    34 43 county wage.  For purposes of this section, "average
    34 44 county wage" and "benefits" mean the same as defined
    34 45 in section 15I.1 15.335A.
    34 46    Sec.    .  Section 422.33, subsection 18, Code
    34 47 Supplement 2007, is amended by striking the
    34 48 subsection.
    34 49    Sec.    .  Section 422.60, subsection 10, Code
    34 50 Supplement 2007, is amended by striking the
    35  1 subsection.
    35  2    Sec.    .  Section 533.329, subsection 2, paragraph
    35  3 m, Code Supplement 2007, is amended by striking the
    35  4 subsection.
    35  5    Sec.    .  Sections 15I.2, 15I.3, and 422.11L, Code
    35  6 Supplement 2007, are repealed.
    35  7    Sec.    .  Sections 15I.1, 15I.4, 15I.5, and
    35  8 432.12G, Code 2007, are repealed.
    35  9    Sec.    .  CONTINUATION OF TAX CREDITS.  The repeal
    35 10 of chapter 15I in this division of this Act does not
    35 11 affect the availability of tax credits for qualified
    35 12 new jobs in existence on June 30, 2008.  Qualified new
    35 13 jobs in existence on June 30, 2008, shall continue to
    35 14 be eligible to receive the tax credits for the
    35 15 remainder of the five=year period.  However, a
    35 16 business is not entitled to a tax credit for a
    35 17 qualified new job created on or after July 1, 2008.>
    35 18 #28.  By renumbering as necessary.
    35 19
    35 20
    35 21                               
    35 22 ROBERT E. DVORSKY
    35 23 HF 2700.705 82
    35 24 mg/jp/21099

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