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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