House Amendment 1730
PAG LIN
1 1 Amend House File 830 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <DIVISION I
1 5 MH/MR/DD SERVICES ALLOWED
1 6 GROWTH FUNDING == FY 2010=2011
1 7 Section 1. COUNTY MENTAL HEALTH, MENTAL
1 8 RETARDATION, AND DEVELOPMENTAL DISABILITIES ALLOWED
1 9 GROWTH APPROPRIATION AND ALLOCATIONS == FISCAL YEAR
1 10 2010=2011.
1 11 1. There is appropriated from the general fund of
1 12 the state to the department of human services for the
1 13 fiscal year beginning July 1, 2010, and ending June
1 14 30, 2011, the following amount, or so much thereof as
1 15 is necessary, to be used for the purpose designated:
1 16 For distribution to counties of the county mental
1 17 health, mental retardation, and developmental
1 18 disabilities allowed growth factor adjustment for
1 19 fiscal year 2010=2011:
1 20 .................................................. $ 62,157,491
1 21 2. The amount appropriated in this section shall
1 22 be allocated as provided in a later enactment of the
1 23 general assembly.
1 24 DIVISION II
1 25 STANDING APPROPRIATIONS
1 26 AND RELATED MATTERS
1 27 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2010=2011.
1 28 1. For the budget process applicable to the fiscal
1 29 year beginning July 1, 2010, on or before October 1,
1 30 2009, in lieu of the information specified in section
1 31 8.23, subsection 1, unnumbered paragraph 1, and
1 32 paragraph "a", all departments and establishments of
1 33 the government shall transmit to the director of the
1 34 department of management, on blanks to be furnished by
1 35 the director, estimates of their expenditure
1 36 requirements, including every proposed expenditure,
1 37 for the ensuing fiscal year, together with supporting
1 38 data and explanations as called for by the director of
1 39 the department of management after consultation with
1 40 the legislative services agency.
1 41 2. The estimates of expenditure requirements shall
1 42 be in a form specified by the director of the
1 43 department of management, and the expenditure
1 44 requirements shall include all proposed expenditures
1 45 and shall be prioritized by program or the results to
1 46 be achieved. The estimates shall be accompanied by
1 47 performance measures for evaluating the effectiveness
1 48 of the programs or results.
1 49 Sec. 3. GENERAL ASSEMBLY.
1 50 1. The appropriations made pursuant to section
2 1 2.12 for the expenses of the general assembly and
2 2 legislative agencies for the fiscal year beginning
2 3 July 1, 2009, and ending June 30, 2010, are reduced by
2 4 the following amount:
2 5 .................................................. $ 4,439,653
2 6 2. The budgeted amounts for the general assembly
2 7 for the fiscal year beginning July 1, 2009, may be
2 8 adjusted to reflect unexpended budgeted amounts from
2 9 the previous fiscal year.
2 10 Sec. 4. LIMITATION OF STANDING APPROPRIATIONS.
2 11 Notwithstanding the standing appropriations in the
2 12 following designated sections for the fiscal year
2 13 beginning July 1, 2009, and ending June 30, 2010, the
2 14 amounts appropriated from the general fund of the
2 15 state pursuant to these sections for the following
2 16 designated purposes shall not exceed the following
2 17 amounts:
2 18 1. For payment for nonpublic school transportation
2 19 under section 285.2:
2 20 .................................................. $ 7,845,479
2 21 If total approved claims for reimbursement for
2 22 nonpublic school pupil transportation exceed the
2 23 amount appropriated in accordance with this
2 24 subsection, the department of education shall prorate
2 25 the amount of each approved claim.
2 26 2. For the state's share of the cost of the peace
2 27 officers' retirement benefits under section 411.20:
2 28 .................................................. $ 2,503,510
2 29 3. For operational support grants and community
2 30 cultural grants under section 99F.11, subsection 3,
2 31 paragraph "e", subparagraph (1):
2 32 .................................................. $ 452,783
2 33 4. For regional tourism marketing under section
2 34 99F.11, subsection 3, paragraph "e", subparagraph (2):
2 35 .................................................. $ 957,809
2 36 5. For the Iowa power fund under section 469.10,
2 37 subsection 1:
2 38 .................................................. $ 20,000,000
2 39 6. For the enforcement of chapter 453D relating to
2 40 tobacco product manufacturers under section 453D.8:
2 41 .................................................. $ 21,768
2 42 7. For the center for congenital and inherited
2 43 disorders central registry under section 144.13A,
2 44 subsection 4, paragraph "a":
2 45 .................................................. $ 182,044
2 46 8. For primary and secondary child abuse
2 47 prevention programs under section 144.13A, subsection
2 48 4, paragraph "a":
2 49 .................................................. $ 217,772
2 50 9. For programs for at=risk children under section
3 1 279.51:
3 2 .................................................. $ 11,493,891
3 3 The amount of any reduction in this subsection
3 4 shall be prorated among the programs specified in
3 5 section 279.51, subsection 1, paragraphs "a", "b", and
3 6 "c".
3 7 Sec. 5. INSTRUCTIONAL SUPPORT STATE AID.
3 8 Notwithstanding the standing appropriation provided
3 9 under section 257.20, an appropriation from the
3 10 general fund of the state to the department of
3 11 education for the fiscal year beginning July 1, 2009,
3 12 and ending June 30, 2010, shall not be made for
3 13 purposes of paying instructional support state aid.
3 14 Sec. 6. VETERANS HOME MEDICAL CLINIC. Of moneys
3 15 received on or after July 1, 2008, by the Iowa
3 16 veterans home from the federal government relating to
3 17 the costs to improve and renovate a medical clinic at
3 18 the home in a previous fiscal year, the first $727,000
3 19 shall be credited to the general fund of the state on
3 20 or after July 1, 2009.
3 21 Sec. 7. FEDERAL ECONOMIC STIMULUS AND JOBS HOLDING
3 22 ACCOUNT.
3 23 1. Any unobligated moneys in the federal economic
3 24 stimulus and jobs holding account on July 1, 2009,
3 25 shall be transferred to the general fund of the state
3 26 on July 1, 2009.
3 27 2. Unobligated moneys in the federal economic
3 28 stimulus and jobs holding account on the effective
3 29 date of this section shall not be obligated after the
3 30 effective date of this section.
3 31 3. This section shall not apply to moneys
3 32 appropriated from the federal economic stimulus and
3 33 jobs holding account in 2009 Iowa Acts, Senate File
3 34 469, if enacted.
3 35 Sec. 8. IOWA MATHEMATICS AND SCIENCE COALITION.
3 36 For the fiscal year beginning July 1, 2009, the
3 37 university of northern Iowa shall maintain the efforts
3 38 of the Iowa mathematics and science coalition that
3 39 were initiated pursuant to section 294A.25, subsection
3 40 11, Code 2009.
3 41 Sec. 9. PROPERTY TAX CREDIT FUND == PAYMENTS IN
3 42 LIEU OF GENERAL FUND REIMBURSEMENT.
3 43 1. a. A property tax credit fund shall be created
3 44 in the office of the treasurer of state to be used for
3 45 the purposes of this section.
3 46 b. There is appropriated from the general fund of
3 47 the state to the property tax credit fund created in
3 48 paragraph "a" for the fiscal year beginning July 1,
3 49 2009, and ending June 30, 2010, the sum of
3 50 $101,395,597.
4 1 c. Notwithstanding the requirements in section
4 2 8.56, subsections 3 and 4, there is appropriated from
4 3 the cash reserve fund to the property tax credit fund
4 4 created in paragraph "a" for the fiscal year beginning
4 5 July 1, 2009, and ending June 30, 2010, the sum of
4 6 $54,684,481.
4 7 d. Notwithstanding section 8.33, the surplus
4 8 existing in the property tax credit fund created
4 9 pursuant to 2008 Iowa Acts, chapter 1191, section 5,
4 10 at the conclusion of the fiscal year beginning July 1,
4 11 2008, and ending June 30, 2009, is transferred to the
4 12 property tax credit fund created in paragraph "a".
4 13 2. There is appropriated from the property tax
4 14 credit fund for the fiscal year beginning July 1,
4 15 2009, and ending June 30, 2010, the following amounts
4 16 for the following designated purposes:
4 17 a. For reimbursement for the homestead property
4 18 tax credit under section 425.1:
4 19 .................................................. $100,658,781
4 20 b. For reimbursement for the family farm and
4 21 agricultural land tax credits under sections 425A.1
4 22 and 426.1:
4 23 .................................................. $ 34,610,183
4 24 c. For reimbursement for the military service tax
4 25 credit under section 426A.1A:
4 26 .................................................. $ 2,400,000
4 27 d. For implementing the elderly and disabled tax
4 28 credit and reimbursement pursuant to sections 425.16
4 29 through 425.39:
4 30 .................................................. $ 22,200,000
4 31 If the director of revenue determines that the
4 32 amount of claims for credit for property taxes due
4 33 pursuant to paragraphs "a", "b", "c", and "d", plus
4 34 the amount of claims for reimbursement for rent
4 35 constituting property taxes paid which are to be paid
4 36 during the fiscal year may exceed the total amount
4 37 appropriated, the director shall estimate the
4 38 percentage of the credits and reimbursements which
4 39 will be funded by the appropriation. The county
4 40 treasurer shall notify the director of the amount of
4 41 property tax credits claimed by June 8, 2009. The
4 42 director shall estimate the percentage of the property
4 43 tax credits and rent reimbursement claims that will be
4 44 funded by the appropriation and notify the county
4 45 treasurer of the percentage estimate by June 15, 2009.
4 46 The estimated percentage shall be used in computing
4 47 for each claim the amount of property tax credit and
4 48 reimbursement for rent constituting property taxes
4 49 paid for that fiscal year. If the director
4 50 overestimates the percentage of funding, claims for
5 1 reimbursement for rent constituting property taxes
5 2 paid shall be paid until they can no longer be paid at
5 3 the estimated percentage of funding. Rent
5 4 reimbursement claims filed after that point in time
5 5 shall receive priority and shall be paid in the
5 6 following fiscal year.
5 7 Sec. 10. PERFORMANCE OF DUTY. There is
5 8 appropriated from the cash reserve fund created in
5 9 section 8.56 to the executive council for the fiscal
5 10 year beginning July 1, 2009, and ending June 30, 2010,
5 11 the following amount, or so much thereof as is
5 12 necessary, to be used for the purposes designated:
5 13 For performance of duty by the executive council in
5 14 sections 7D.29 and 29C.20:
5 15 .................................................. $ 25,600,000
5 16 The funding from the appropriation made in this
5 17 section shall be utilized before any funding from the
5 18 general fund of the state.
5 19 Sec. 11. GENERAL FUND. There is appropriated from
5 20 the cash reserve fund created in section 8.56 to the
5 21 general fund of the state for the fiscal year
5 22 beginning July 1, 2009, and ending June 30, 2010, the
5 23 following amount:
5 24 .................................................. $ 65,000,000
5 25 The moneys appropriated in this section shall not
5 26 be considered new revenues under section 8.54 for
5 27 purposes of the state general fund expenditure
5 28 limitation.
5 29 Sec. 12. CASH RESERVE FUND APPROPRIATIONS.
5 30 Section 8.56, subsections 3 and 4, shall not apply to
5 31 any appropriation made in this division of this Act
5 32 from the cash reserve fund created in section 8.56.
5 33 Sec. 13. CASH RESERVE FUND APPROPRIATION FOR
5 34 FISCAL YEAR 2009=2010. For the fiscal year beginning
5 35 July 1, 2009, and ending June 30, 2010, the
5 36 appropriation to the cash reserve fund provided in
5 37 section 8.57, subsection 1, paragraph "a", shall not
5 38 be made.
5 39 Sec. 14. Section 331.660, Code 2009, is repealed.
5 40 Sec. 15. EFFECTIVE DATES.
5 41 1. The section of this division of this Act
5 42 creating the property tax credit fund, being deemed of
5 43 immediate importance, takes effect upon enactment.
5 44 2. The section of this division of this Act
5 45 transferring moneys from the federal economic stimulus
5 46 and jobs holding account, being deemed of immediate
5 47 importance, takes effect upon enactment.
5 48 Sec. 16. EFFECTIVE DATE AND RETROACTIVE
5 49 APPLICABILITY. The section of this division of this
5 50 Act providing for crediting of certain moneys received
6 1 by the Iowa veterans home to the general fund of the
6 2 state, being deemed of immediate importance, takes
6 3 effect upon enactment and is retroactively applicable
6 4 to July 1, 2008, and is applicable on and after that
6 5 date.
6 6 DIVISION III
6 7 SALARIES, COMPENSATION, AND RELATED MATTERS
6 8 Sec. 17. APPOINTED STATE OFFICERS.
6 9 1. The governor shall establish a salary for
6 10 appointed nonelected persons in the executive branch
6 11 of state government holding a position enumerated in
6 12 and within the salary ranges provided in 2008 Iowa
6 13 Acts, chapter 1191, section 14, by considering, among
6 14 other items, the experience of the individual in the
6 15 position, changes in the duties of the position, the
6 16 incumbent's performance of assigned duties, and
6 17 subordinates' salaries. However, the attorney general
6 18 shall establish the salary for the consumer advocate,
6 19 the chief justice of the supreme court shall establish
6 20 the salary for the state court administrator, the
6 21 ethics and campaign disclosure board shall establish
6 22 the salary of the executive director, and the Iowa
6 23 public broadcasting board shall establish the salary
6 24 of the administrator of the public broadcasting
6 25 division of the department of education, each within
6 26 the salary range provided in 2008 Iowa Acts, chapter
6 27 1191, section 14.
6 28 2. The governor, in establishing salaries as
6 29 provided in this section, shall take into
6 30 consideration other employee benefits which may be
6 31 provided for an individual including but not limited
6 32 to housing.
6 33 3. A person whose salary is established pursuant
6 34 to this section and who is a full=time, year=round
6 35 employee of the state shall not receive any other
6 36 remuneration from the state or from any other source
6 37 for the performance of that person's duties unless the
6 38 additional remuneration is first approved by the
6 39 governor or authorized by law. However, this
6 40 provision does not exclude the reimbursement for
6 41 necessary travel and expenses incurred in the
6 42 performance of duties or fringe benefits normally
6 43 provided to employees of the state.
6 44 Sec. 18. COLLECTIVE BARGAINING AGREEMENTS FUNDED.
6 45 The various state departments, boards, commissions,
6 46 councils, and agencies, including the state board of
6 47 regents, for the fiscal year beginning July 1, 2009,
6 48 and ending June 30, 2010, shall provide from available
6 49 sources pay adjustments, expense reimbursements, and
6 50 related benefits to fully fund the following:
7 1 1. The collective bargaining agreement negotiated
7 2 pursuant to chapter 20 for employees in the blue
7 3 collar bargaining unit.
7 4 2. The collective bargaining agreement negotiated
7 5 pursuant to chapter 20 for employees in the public
7 6 safety bargaining unit.
7 7 3. The collective bargaining agreement negotiated
7 8 pursuant to chapter 20 for employees in the security
7 9 bargaining unit.
7 10 4. The collective bargaining agreement negotiated
7 11 pursuant to chapter 20 for employees in the technical
7 12 bargaining unit.
7 13 5. The collective bargaining agreement negotiated
7 14 pursuant to chapter 20 for employees in the
7 15 professional fiscal and staff bargaining unit.
7 16 6. The collective bargaining agreement negotiated
7 17 pursuant to chapter 20 for employees in the clerical
7 18 bargaining unit.
7 19 7. The collective bargaining agreement negotiated
7 20 pursuant to chapter 20 for employees in the
7 21 professional social services bargaining unit.
7 22 8. The collective bargaining agreement negotiated
7 23 pursuant to chapter 20 for employees in the
7 24 community=based corrections bargaining unit.
7 25 9. The collective bargaining agreements negotiated
7 26 pursuant to chapter 20 for employees in the judicial
7 27 branch of government bargaining units.
7 28 10. The collective bargaining agreement negotiated
7 29 pursuant to chapter 20 for employees in the patient
7 30 care bargaining unit.
7 31 11. The collective bargaining agreement negotiated
7 32 pursuant to chapter 20 for employees in the science
7 33 bargaining unit.
7 34 12. The collective bargaining agreement negotiated
7 35 pursuant to chapter 20 for employees in the university
7 36 of northern Iowa faculty bargaining unit.
7 37 13. The collective bargaining agreement negotiated
7 38 pursuant to chapter 20 for employees in the state
7 39 university of Iowa graduate student bargaining unit.
7 40 14. The collective bargaining agreement negotiated
7 41 pursuant to chapter 20 for employees in the state
7 42 university of Iowa hospital and clinics tertiary
7 43 health care bargaining unit.
7 44 15. The annual pay adjustments, related benefits,
7 45 and expense reimbursements referred to in the sections
7 46 of this division of this Act addressing noncontract
7 47 state and state board of regents employees who are not
7 48 covered by a collective bargaining agreement.
7 49 Sec. 19. NONCONTRACT STATE EMPLOYEES == GENERAL.
7 50 1. For the fiscal year beginning July 1, 2009:
8 1 a. The maximum and minimum salary levels of all
8 2 pay plans provided for in section 8A.413, subsection
8 3 3, as they exist for the fiscal year ending June 30,
8 4 2009, shall not increase.
8 5 b. Employees may receive a step increase or the
8 6 equivalent of a step increase.
8 7 c. The pay plan for noncontract judicial branch
8 8 employees shall not be increased.
8 9 d. The pay plans for state employees who are
8 10 exempt from chapter 8A, subchapter IV, and who are
8 11 included in the department of administrative services'
8 12 centralized payroll system shall not be increased, and
8 13 any additional changes in any executive branch pay
8 14 plans shall be approved by the governor.
8 15 2. This section does not apply to members of the
8 16 general assembly, board members, commission members,
8 17 persons whose salaries are set by the general assembly
8 18 pursuant to this Act or are set by the governor, or
8 19 other persons designated in the section of this
8 20 division of this Act addressing appointed state
8 21 officers, employees designated under section 8A.412,
8 22 subsection 5, and employees covered by 11 IAC 53.6(3).
8 23 3. The pay plans for the bargaining eligible
8 24 employees of the state shall not be increased, and any
8 25 additional changes in such executive branch pay plans
8 26 shall be approved by the governor. As used in this
8 27 section, "bargaining eligible employee" means an
8 28 employee who is eligible to organize under chapter 20,
8 29 but has not done so.
8 30 4. The policies for implementation of this section
8 31 shall be approved by the governor.
8 32 Sec. 20. STATE EMPLOYEES == STATE BOARD OF
8 33 REGENTS. For the fiscal year beginning July 1, 2009,
8 34 and ending June 30, 2010, funds shall be provided from
8 35 available sources of the state board of regents for
8 36 funding of collective bargaining agreements for state
8 37 board of regents employees covered by such agreements
8 38 and for the following state board of regents employees
8 39 not covered by a collective bargaining agreement:
8 40 1. Regents merit system employees and merit
8 41 supervisory employees.
8 42 2. Faculty members and professional and scientific
8 43 employees.
8 44 Sec. 21. BONUS PAY. For the fiscal year beginning
8 45 July 1, 2009, and ending June 30, 2010, employees of
8 46 the executive branch, judicial branch, and legislative
8 47 branch shall not receive bonus pay unless otherwise
8 48 authorized by law, required pursuant to a contract of
8 49 employment entered into before July 1, 2009, or
8 50 required pursuant to a collective bargaining
9 1 agreement. This section does not apply to employees
9 2 of the state board of regents. For purposes of this
9 3 section, "bonus pay" means any additional remuneration
9 4 provided an employee in the form of a bonus, including
9 5 but not limited to a retention bonus, recruitment
9 6 bonus, exceptional job performance pay, extraordinary
9 7 job performance pay, exceptional performance pay,
9 8 extraordinary duty pay, or extraordinary or special
9 9 duty pay, and any extra benefit not otherwise provided
9 10 to other similarly situated employees.
9 11 Sec. 22. SPECIAL FUNDS. For the fiscal year
9 12 beginning July 1, 2009, and ending June 30, 2010,
9 13 salary adjustments otherwise provided for in this
9 14 division of this Act may be funded using departmental
9 15 revolving, trust, or special funds for which the
9 16 general assembly has established an operating budget,
9 17 provided doing so does not exceed the operating budget
9 18 established by the general assembly.
9 19 Sec. 23. FEDERAL FUNDS APPROPRIATED. For the
9 20 fiscal year beginning July 1, 2009, all federal grants
9 21 to and the federal receipts of the agencies affected
9 22 by this division of this Act which are received and
9 23 may be expended for purposes of this division of this
9 24 Act are appropriated for those purposes and as set
9 25 forth in the federal grants or receipts.
9 26 Sec. 24. STATE TROOPER MEAL ALLOWANCE. For the
9 27 fiscal year beginning July 1, 2009, the sworn peace
9 28 officers in the department of public safety who are
9 29 not covered by a collective bargaining agreement
9 30 negotiated pursuant to chapter 20 shall receive the
9 31 same per diem meal allowance as the sworn peace
9 32 officers in the department of public safety who are
9 33 covered by a collective bargaining agreement
9 34 negotiated pursuant to chapter 20.
9 35 Sec. 25. SALARY MODEL ADMINISTRATOR. The salary
9 36 model administrator shall work in conjunction with the
9 37 legislative services agency to maintain the state's
9 38 salary model used for analyzing, comparing, and
9 39 projecting state employee salary and benefit
9 40 information, including information relating to
9 41 employees of the state board of regents. The
9 42 department of revenue, the department of
9 43 administrative services, the five institutions under
9 44 the jurisdiction of the state board of regents, the
9 45 judicial district departments of correctional
9 46 services, and the state department of transportation
9 47 shall provide salary data to the department of
9 48 management and the legislative services agency to
9 49 operate the state's salary model. The format and
9 50 frequency of provision of the salary data shall be
10 1 determined by the department of management and the
10 2 legislative services agency. The information shall be
10 3 used in collective bargaining processes under chapter
10 4 20 and in calculating the funding needs contained
10 5 within the annual salary adjustment legislation. A
10 6 state employee organization as defined in section
10 7 20.3, subsection 4, may request information produced
10 8 by the model, but the information provided shall not
10 9 contain information attributable to individual
10 10 employees.
10 11 Sec. 26. Section 8A.402, subsection 2, Code 2009,
10 12 is amended by adding the following new paragraph:
10 13 NEW PARAGRAPH. g. (1) (a) Consult with the
10 14 department of management and discuss and collaborate
10 15 with executive branch agencies to implement and
10 16 maintain a policy for increasing the aggregate ratio
10 17 in the number of employees per supervisor in executive
10 18 branch agencies to be fourteen employees for one
10 19 supervisor. For purposes of determining the effects
10 20 of the policy on the state employee workforce, the
10 21 base date of July 1, 2008, shall be used and the
10 22 target date for full implementation shall be July 1,
10 23 2011.
10 24 (b) The policy shall allow appropriation units
10 25 with twenty=eight or fewer full=time equivalent
10 26 employee positions to apply for an exception to the
10 27 policy through the executive council.
10 28 (c) Before any reduction in supervisory layers is
10 29 implemented as a result of this paragraph "g", the
10 30 department shall notify the legislative fiscal
10 31 committee of the legislative council regarding the
10 32 proposed reduction. The notification shall include a
10 33 list of the positions and employment responsibilities
10 34 to be eliminated or reduced, a list of activities to
10 35 be eliminated or reduced, and an estimate of the
10 36 savings expected to result from the elimination or
10 37 reduction. The legislative fiscal committee shall
10 38 report to the legislative council concerning the
10 39 notifications received.
10 40 (d) The department shall present an interim report
10 41 to the governor and general assembly on or before
10 42 April 1, 2010, and a final report on or before April
10 43 1, 2011, detailing the effects of the policy on the
10 44 composition of the workforce, cost savings, government
10 45 efficiency, and outcomes.
10 46 (e) The policy developed pursuant to this
10 47 paragraph "g" shall not encompass employees under the
10 48 state board of regents or a judicial district
10 49 department of correctional services. However, the
10 50 department of administrative services shall work with
11 1 the state board of regents and the judicial district
11 2 departments of correctional services to advance the
11 3 policy as a goal for the supervisory staff of these
11 4 units of state government.
11 5 (2) Evaluate the state's systems for job
11 6 classification of executive branch employees in order
11 7 to ensure the existence of technical skill=based
11 8 career paths for such employees which do not depend
11 9 upon an employee gaining supervisory responsibility
11 10 for advancement, and which provide incentives for such
11 11 employees to broaden their knowledge and skill base.
11 12 The evaluation shall include but is not limited to
11 13 options for eliminating obsolete, duplicative, or
11 14 unnecessary job classifications. The department shall
11 15 present interim reports to the general assembly on or
11 16 before January 15, 2010, and January 14, 2011,
11 17 concerning the department's progress in completing the
11 18 evaluation and associated outcomes.
11 19 (3) In implementing this paragraph "g", give
11 20 priority to elimination or reduction of middle
11 21 management employee positions. In addition, prior to
11 22 the elimination of employee positions other than
11 23 middle management positions or positions eliminated
11 24 due to early retirement, priority shall be given to
11 25 elimination or deferral by executive branch agencies
11 26 of purchases and out=of=state travel. The department
11 27 of management shall report quarterly to the
11 28 legislative fiscal committee of the legislative
11 29 council and to the legislative services agency
11 30 regarding out=of=state travel authorized by executive
11 31 branch agencies including a listing by agency of
11 32 personnel authorized to travel, and the cost and
11 33 purpose of the travel authorized.
11 34 Sec. 27. 2009 Iowa Acts, Senate File 475, section
11 35 21, if enacted, is amended to read as follows:
11 36 SEC. 21. SUPERVISOR AND EMPLOYEE RATIO. The
11 37 department of administrative services and the
11 38 executive branch agencies receiving appropriations in
11 39 this Act shall pursue a goal of achieving a ratio of
11 40 fourteen employees per supervisor in such agencies, by
11 41 December 31, 2009.
11 42 DIVISION IV
11 43 CORRECTIVE PROVISIONS
11 44 Sec. 28. Section 8.57, subsection 6, paragraph e,
11 45 subparagraphs (2) and (3), if enacted by 2009 Iowa
11 46 Acts, Senate File 376, are amended by striking the
11 47 subparagraphs and inserting in lieu thereof the
11 48 following:
11 49 (2) If the total amount of moneys directed to be
11 50 deposited in the general fund of the state under
12 1 sections 99D.17 and 99F.11 in a fiscal year is less
12 2 than the total amount of moneys directed to be
12 3 deposited in the revenue bonds debt service fund in
12 4 the fiscal year pursuant to this paragraph "e", the
12 5 difference shall be paid from moneys deposited in the
12 6 beer and liquor control fund created in section 123.53
12 7 in the manner provided in section 123.53, subsection
12 8 2A.
12 9 (2) (3) If After the deposit of moneys directed to
12 10 be deposited in the general fund of the state and the
12 11 revenue bonds debt service fund as provided in
12 12 subparagraph (1), subparagraph division (a), if the
12 13 total amount of moneys directed to be deposited in the
12 14 general fund of the state under sections 99D.17 and
12 15 99F.11 in a fiscal year is less than the total amount
12 16 of moneys directed to be deposited in the vision Iowa
12 17 fund and the school infrastructure fund in the fiscal
12 18 year pursuant to this paragraph "e", the difference
12 19 shall be paid from lottery revenues in the manner
12 20 provided in section 99G.39, subsection 3.
12 21 Sec. 29. Section 12.90C, subsection 2, paragraph
12 22 a, if enacted by 2009 Iowa Acts, Senate File 477, is
12 23 amended to read as follows:
12 24 3. The net proceeds of bonds issued pursuant to
12 25 section 12.90A other than bonds issued for the purpose
12 26 of refunding such bonds and investment earnings on the
12 27 net proceeds.
12 28 Sec. 30. Section 21.2, subsection 1, paragraph i,
12 29 if enacted by 2009 Iowa Acts, Senate File 437, is
12 30 amended to read as follows:
12 31 i. The governing body of a drainage or levy levee
12 32 district as provided in chapter 468, including a board
12 33 as defined in section 468.3, regardless of how the
12 34 district is organized.
12 35 Sec. 31. Section 22.1, subsection 1, as amended by
12 36 2009 Iowa Acts, Senate File 437, if enacted, is
12 37 amended to read as follows:
12 38 1. The term "government body" means this state, or
12 39 any county, city, township, school corporation,
12 40 political subdivision, tax=supported district,
12 41 nonprofit corporation other than a fair conducting a
12 42 fair event as provided in chapter 174, whose
12 43 facilities or indebtedness are supported in whole or
12 44 in part with property tax revenue and which is
12 45 licensed to conduct pari=mutuel wagering pursuant to
12 46 chapter 99D; the governing body of a drainage or levy
12 47 levee district as provided in chapter 468, including a
12 48 board as defined in section 468.3, regardless of how
12 49 the district is organized; or other entity of this
12 50 state, or any branch, department, board, bureau,
13 1 commission, council, committee, official, or officer
13 2 of any of the foregoing or any employee delegated the
13 3 responsibility for implementing the requirements of
13 4 this chapter.
13 5 Sec. 32. Section 80D.3, subsection 3, paragraph b,
13 6 if enacted by 2009 Iowa Acts, House File 762, section
13 7 1, is amended to read as follows:
13 8 b. A person appointed to serve as a reserve peace
13 9 officer who has met the one=hundred=fifty=hour
13 10 training requirement obtained by obtaining training at
13 11 a community college or other facility selected by the
13 12 individual and approved by the law enforcement agency
13 13 prior to July 1, 2007, shall be exempted from
13 14 completing the minimum training course at the
13 15 discretion of the appointing authority and shall
13 16 continue to hold certification with the appointing
13 17 authority.
13 18 Sec. 33. Section 89.3, subsection 5, paragraph a,
13 19 subparagraph (4), if enacted by 2009 Iowa Acts, House
13 20 File 720, section 2, is amended to read as follows:
13 21 (4) The owner or user is a participant in good
13 22 standing in the Iowa occupational safety and health
13 23 voluntary protection program and have has achieved
13 24 star status within the program, which is administered
13 25 by the division of labor in the department of
13 26 workforce development.
13 27 Sec. 34. Section 216A.132A, subsection 5,
13 28 paragraph i, as enacted by 2009 Iowa Acts, House File
13 29 315, section 1, is amended to read as follows:
13 30 i. Iowa cooperative extension service in
13 31 agriculture and home economics.
13 32 Sec. 35. Section 321A.1, subsection 3, Code 2009,
13 33 is amended to read as follows:
13 34 3. JUDGMENT. A judgment which has become final by
13 35 expiration without appeal during the time within which
13 36 an appeal might have been perfected, or a judgment if
13 37 an appeal from the judgment has been perfected, which
13 38 has not been stayed by the execution, filing and
13 39 approval of a bond as provided in rule of appellate
13 40 procedure 6.7(1) 6.601(1), or a judgment which has
13 41 become final by affirmation on appeal, rendered by a
13 42 court of competent jurisdiction of a state or of the
13 43 United States, upon a cause of action arising out of
13 44 the ownership, maintenance, or use of a motor vehicle,
13 45 as defined in this section, for damages, including
13 46 damages for care and loss of services, because of
13 47 bodily injury to or death of a person, or for damages
13 48 because of injury to or destruction of property,
13 49 including the loss of use of property, or upon a cause
13 50 of action on an agreement of settlement for such
14 1 damages.
14 2 Sec. 36. Section 321A.3, subsection 8, paragraph
14 3 a, subparagraph (1), if enacted by 2009 Iowa Acts,
14 4 Senate File 374, section 1, is amended to read as
14 5 follows:
14 6 (1) A person who purchases a certified abstract of
14 7 an operating record directly from the department under
14 8 this section shall only use, sell, disclose, or
14 9 distribute the abstract or any portion of the abstract
14 10 one time, for one purpose, and the person shall not
14 11 supply that abstract or any portion of that abstract
14 12 to more than one other person. The person shall make
14 13 a subsequent request for the record or abstract and
14 14 pay an additional fee for the request in the same
14 15 manner as provided for the initial request for any
14 16 subsequent use, sale, disclosure, or distribution of
14 17 the same certified abstract or any portion of the
14 18 abstract or to supply the same certified abstract or
14 19 any portion of the abstract to another person, except
14 20 as provided in subparagraph (2).
14 21 Sec. 37. Section 347.7, subsection 4, paragraph a,
14 22 if enacted by 2009 Iowa Acts, House File 260, section
14 23 5, is amended to read as follows:
14 24 a. The tax levy authorized by this section for
14 25 operation and maintenance of the hospital may be
14 26 available in whole or in part to any county with or
14 27 without a county hospital organized under this
14 28 chapter, to be used to enhance rural health services
14 29 in the county. However, the tax levied may be
14 30 expended for enhancement of rural health care services
14 31 only following a local planning process. The Iowa
14 32 department of public health shall establish guidelines
14 33 to be followed by counties in implementing the local
14 34 planning process which shall require legal notice,
14 35 public hearings, and a referendum in accordance with
14 36 this subsection prior to the authorization of any new
14 37 levy or a change in the use of a levy. The notice
14 38 shall describe the new levy or the change in the use
14 39 of the levy, indicate the date and location of the
14 40 hearing, and shall be published as at least once each
14 41 week for two consecutive weeks in a newspaper having
14 42 general circulation in the county. The hearing shall
14 43 not take place prior to two weeks after the second
14 44 publication.
14 45 Sec. 38. Section 423.4, subsection 5, paragraph f,
14 46 Code 2009, as amended by 2009 Iowa Acts, Senate File
14 47 322, section 7, is amended to read as follows:
14 48 f. Notwithstanding the state sales tax imposed in
14 49 section 423.2, a rebate issued pursuant to this
14 50 section subsection shall not exceed an amount equal to
15 1 five percent of the sales price of the tangible
15 2 personal property or services furnished to purchasers
15 3 at the automobile racetrack facility. Any local
15 4 option taxes paid and collected shall not be subject
15 5 to rebate under this subsection.
15 6 Sec. 39. Section 533.329, subsection 2, paragraph
15 7 m, Code 2009, is amended to read as follows:
15 8 m. The moneys and credits tax imposed under this
15 9 section shall be reduced by a redevelopment tax credit
15 10 allowed under chapter 15, subchapter II, part 9.
15 11 Sec. 40. Section 533A.2, subsection 2, paragraph
15 12 h, if enacted by 2009 Iowa Acts, Senate File 311,
15 13 section 2, is amended to read as follows:
15 14 h. A person licensed under chapter 533C, including
15 15 that person's authorized delegates as defined in
15 16 section 533C.102, or a person exempt from licensing
15 17 under section 533C.103, when engaging in money
15 18 transmission or currency exchange as defined in
15 19 chapter section 533C.102.
15 20 Sec. 41. Section 535D.4A, subsection 1, if enacted
15 21 by 2009 Iowa Acts, Senate File 355, section 5, is
15 22 amended to read as follows:
15 23 1. A registered mortgage loan originator when
15 24 acting for an employer described in section 535D.3,
15 25 subsection 11 12.
15 26 Sec. 42. Section 535B.7A, as enacted by 2009 Iowa
15 27 Acts, Senate File 355, section 30, is amended to read
15 28 as follows:
15 29 535B.7A PROHIBITED ACTS.
15 30 It is a violation of this chapter for a licensee to
15 31 engage in any of the prohibited acts or practices in
15 32 section 535D.16 535D.17.
15 33 Sec. 43. Section 598.21, subsection 2, Code 2009,
15 34 as amended by 2009 Iowa Acts, Senate File 288, section
15 35 36, is amended to read as follows:
15 36 2. DUTIES OF COUNTY RECORDER. The county recorder
15 37 shall record each quitclaim deed or change of title
15 38 and shall collect the fees fee specified in section
15 39 331.507, subsection 2, paragraph "a", and the fee fees
15 40 specified in section 331.604.
15 41 Sec. 44. Section 633A.5107, subsection 5, if
15 42 enacted by 2009 Iowa Acts, Senate File 320, section 1,
15 43 is amended to read as follows:
15 44 5. For a charitable trust described in subsection
15 45 1, created prior to the effective date of this Act and
15 46 still in existence, the trustee shall register the
15 47 trust with and submit a current copy of the trust
15 48 instrument and financial report to the attorney
15 49 general not later than one hundred thirty=five days
15 50 after the close of the trust's next fiscal year
16 1 following the effective date of this Act. The trustee
16 2 shall comply with the remainder of this Act section as
16 3 if the charitable trust were created on or after the
16 4 effective date of this Act.
16 5 Sec. 45. Section 637.421, subsection 6, as enacted
16 6 by 2009 Iowa Acts, Senate File 365, section 12, is
16 7 amended to read as follows:
16 8 6. A trustee shall determine the internal income
16 9 of each separate fund for the accounting period as if
16 10 the separate fund were a trust subject to this
16 11 chapter. Upon request of the surviving spouse, the
16 12 trustee shall demand that the person administering the
16 13 separate fund to distribute such internal income to
16 14 the trust. The trustee shall allocate a payment from
16 15 the separate fund to income to the extent of the
16 16 internal income of the separate fund and distribute
16 17 that amount to the surviving spouse. The trustee
16 18 shall allocate the balance to principal. Upon request
16 19 of the surviving spouse, the trustee shall allocate
16 20 principal to income to the extent the internal income
16 21 of the separate fund exceeds payments made from the
16 22 separate fund to the trust during the accounting
16 23 period.
16 24 Sec. 46. Section 915.86, subsections 8 and 12,
16 25 Code 2009, are amended to read as follows:
16 26 8. In the event of a victim's death, reasonable
16 27 charges incurred for counseling the victim's spouse,
16 28 children, parents, siblings, or persons cohabiting
16 29 with or related by blood or affinity to the victim if
16 30 the counseling services are provided by a psychologist
16 31 licensed under chapter 154B, a victim counselor as
16 32 defined in section 915.20A, subsection 1, or an
16 33 individual holding at least a master's degree in
16 34 social work or counseling and guidance, and reasonable
16 35 charges incurred by such persons for medical care
16 36 counseling provided by a psychiatrist licensed under
16 37 chapter 147 or 150A 148. The allowable charges under
16 38 this subsection shall not exceed five thousand dollars
16 39 per person.
16 40 12. Reasonable charges incurred for mental health
16 41 care for secondary victims which include the services
16 42 provided by a psychologist licensed under chapter
16 43 154B, a person holding at least a master's degree in
16 44 social work, counseling, or a related field, a victim
16 45 counselor as defined in section 915.20A, or a
16 46 psychiatrist licensed under chapter 147, 148, or 150A.
16 47 The allowable charges under this subsection shall not
16 48 exceed two thousand dollars per secondary victim.
16 49 Sec. 47. 2009 Iowa Acts, Senate File 197, section
16 50 9, is amended to read as follows:
17 1 SEC. 9. APPLICABILITY AND EFFECTIVE DATES. The
17 2 section of this Act amending section 96.3, subsection
17 3 5, applies to any week of unemployment benefits
17 4 beginning on or after July 5, 2009. The section of
17 5 this Act amending section 96.4 applies to any new
17 6 claim of unemployment benefits with an effective date
17 7 on or after July 5, 2009.
17 8 Sec. 48. 2009 Iowa Acts, Senate File 364, section
17 9 17, subsection 5, is amended to read as follows:
17 10 5. The section of this Act enacting section
17 11 654.4B, subsection 1, and the sections of this Act
17 12 amending sections 626.81, 654.5, and 654.17 apply to
17 13 judgments entered on or after the effective date of
17 14 this Act.
17 15 Sec. 49. 2009 Iowa Acts, Senate File 445, section
17 16 10, amending section 294A.9, subsection 9, if enacted,
17 17 being deemed of immediate importance, takes effect
17 18 upon enactment.
17 19 Sec. 50. 2009 Iowa Acts, Senate File 446, section
17 20 82, is repealed.
17 21 Sec. 51. CONTINGENT REPEAL. If 2009 Iowa Acts,
17 22 Senate File 438, is enacted and amends section 235B.2,
17 23 subsection 5, paragraph "a", subparagraph (3), 2009
17 24 Iowa Acts, Senate File 446, sections 95 and 96, are
17 25 repealed.
17 26 Sec. 52. EFFECTIVE DATES AND RETROACTIVITY. The
17 27 section of this division of this Act relating to 2009
17 28 Iowa Acts, Senate File 445, section 10, and amending
17 29 section 294A.9, subsection 9, being deemed of
17 30 immediate importance, takes effect upon enactment.
17 31 DIVISION V
17 32 JUDICIAL BRANCH FEES == APPROPRIATIONS
17 33 Sec. 53. Section 602.8105, subsection 1, paragraph
17 34 a, Code 2009, is amended to read as follows:
17 35 a. For Except as otherwise provided in this
17 36 subsection, for filing and docketing a petition, other
17 37 than a modification of a dissolution decree to which a
17 38 written stipulation is attached at the time of filing
17 39 containing the agreement of the parties to the terms
17 40 of modification, one hundred eighty=five dollars. In
17 41 counties having a population of ninety=eight thousand
17 42 or over, an additional five dollars shall be charged
17 43 and collected to be known as the journal publication
17 44 fee and used for the purposes provided for in section
17 45 618.13. For multiple adoption petitions filed at the
17 46 same time by the same petitioner under section 600.3,
17 47 the filing fee and any court costs for any petition
17 48 filed in addition to the first petition filed are
17 49 waived.
17 50 Sec. 54. Section 602.8105, subsection 1, Code
18 1 2009, is amended by adding the following new
18 2 paragraph:
18 3 NEW PARAGRAPH. aa. For filing and docketing a
18 4 petition pursuant to chapter 598 other than a
18 5 dissolution of marriage petition, one hundred dollars.
18 6 Sec. 55. Section 602.8105, subsection 1, paragraph
18 7 b, Code 2009, is amended to read as follows:
18 8 b. For filing and docketing an application for
18 9 modification of a dissolution decree to which a
18 10 written stipulation is attached at the time of filing
18 11 containing the agreement of the parties to the terms
18 12 of modification, fifty one hundred dollars.
18 13 Sec. 56. Section 602.8105, subsection 1, Code
18 14 2009, is amended by adding the following new
18 15 paragraph:
18 16 NEW PARAGRAPH. cc. For filing and docketing a
18 17 petition for adoption pursuant to chapter 600, one
18 18 hundred dollars. For multiple adoption petitions
18 19 filed at the same time by the same petitioner under
18 20 section 600.3, the filing fee and any court costs for
18 21 any petition filed in addition to the first petition
18 22 filed are waived.
18 23 Sec. 57. Section 602.8105, subsection 1, paragraph
18 24 e, Code 2009, is amended to read as follows:
18 25 e. For an appeal from a judgment in small claims
18 26 or for filing and docketing a writ of error,
18 27 seventy=five one hundred eighty=five dollars.
18 28 Sec. 58. Section 602.8105, subsection 2,
18 29 paragraphs a, b, c, and d, Code 2009, are amended to
18 30 read as follows:
18 31 a. For filing, entering, and endorsing a
18 32 mechanic's lien, twenty fifty dollars, and if a suit
18 33 is brought, the fee is taxable as other costs in the
18 34 action.
18 35 b. For filing and entering any other statutory
18 36 lien, twenty fifty dollars.
18 37 c. For a certificate and seal, ten twenty dollars.
18 38 However, there shall be no charge for a certificate
18 39 and seal to an application to procure a pension,
18 40 bounty, or back pay for a member of the armed services
18 41 or other person.
18 42 d. For certifying a change in title of real
18 43 estate, twenty fifty dollars.
18 44 Sec. 59. Section 602.8105, subsection 2, Code
18 45 2009, is amended by adding the following new
18 46 paragraph:
18 47 NEW PARAGRAPH. gg. For filing a lis pendens,
18 48 fifty dollars.
18 49 Sec. 60. Section 602.8106, subsection 1,
18 50 paragraphs b, d, e, and f, Code 2009, are amended to
19 1 read as follows:
19 2 b. For filing and docketing of a complaint or
19 3 information for a simple misdemeanor and a complaint
19 4 or information for a nonscheduled simple misdemeanor
19 5 under chapter 321, fifty sixty dollars.
19 6 d. The court costs in scheduled violation cases
19 7 where a court appearance is required, fifty sixty
19 8 dollars.
19 9 e. For court costs in scheduled violation cases
19 10 where a court appearance is not required, fifty sixty
19 11 dollars.
19 12 f. For an appeal of a simple misdemeanor to the
19 13 district court, fifty seventy=five dollars.
19 14 Sec. 61. Section 625.8, subsection 2, Code 2009,
19 15 is amended to read as follows:
19 16 2. The clerk of the district court shall tax as a
19 17 court cost a fee of fifteen forty dollars per day for
19 18 the services of a court reporter.
19 19 Sec. 62. Section 631.6, subsection 1, paragraph a,
19 20 Code 2009, is amended to read as follows:
19 21 a. Fees for filing and docketing shall be fifty
19 22 eighty=five dollars.
19 23 Sec. 63. Section 633.31, subsection 2, paragraph
19 24 k, unnumbered paragraph 8, Code 2009, is amended to
19 25 read as follows:
19 26 For each additional $25,000.00 or major
19 27 fraction thereof ....................................... 25.00
19 28 50.00
19 29 Sec. 64. Section 911.1, subsection 1, Code 2009,
19 30 is amended to read as follows:
19 31 1. A criminal penalty surcharge shall be levied
19 32 against law violators as provided in this section.
19 33 When a court imposes a fine or forfeiture for a
19 34 violation of state law, or a city or county ordinance,
19 35 except an ordinance regulating the parking of motor
19 36 vehicles, the court or the clerk of the district court
19 37 shall assess an additional penalty in the form of a
19 38 criminal penalty surcharge equal to thirty=two
19 39 thirty=five percent of the fine or forfeiture imposed.
19 40 Sec. 65. 2009 Iowa Acts, Senate File 472, section
19 41 1, subsection 1, unnumbered paragraph 2, if enacted,
19 42 is amended to read as follows:
19 43 For salaries of supreme court justices, appellate
19 44 court judges, district court judges, district
19 45 associate judges, judicial magistrates and staff,
19 46 state court administrator, clerk of the supreme court,
19 47 district court administrators, clerks of the district
19 48 court, juvenile court officers, board of law examiners
19 49 and board of examiners of shorthand reporters and
19 50 judicial qualifications commission; receipt and
20 1 disbursement of child support payments; reimbursement
20 2 of the auditor of state for expenses incurred in
20 3 completing audits of the offices of the clerks of the
20 4 district court during the fiscal year beginning July
20 5 1, 2009; and maintenance, equipment, and miscellaneous
20 6 purposes:
20 7 .................................................. $149,184,957
20 8 160,184,957
20 9 As a condition of receiving an increase to the
20 10 appropriation made in this section, the judicial
20 11 branch shall allocate the first $5,400,000 of the
20 12 increased amount as follows: $4,800,000 for the
20 13 state's required contribution under section 602.9104
20 14 to the judicial retirement fund, $350,000 for court
20 15 debt collection, and $250,000 for judicial officer and
20 16 court employee travel reimbursement for civil trials.
20 17 Sec. 66. JUDICIAL BRANCH. There is appropriated
20 18 from the general fund of the state to the judicial
20 19 branch for the fiscal year beginning July 1, 2008, and
20 20 ending June 30, 2009, the following amount, or so much
20 21 thereof as is necessary, to be used for the purposes
20 22 designated:
20 23 For the operations and duties of the judicial
20 24 branch, and maintenance, equipment, and miscellaneous
20 25 purposes:
20 26 .................................................. $ 760,000
20 27 Sec. 67. DRUG COURT PROGRAMS. In addition to the
20 28 appropriations in 2009 Iowa Acts, Senate File 475,
20 29 section 5, if enacted, and any other appropriations,
20 30 there is appropriated from the general fund of the
20 31 state to the department of corrections for the fiscal
20 32 year beginning July 1, 2009, and ending June 30, 2010,
20 33 the following amounts, or so much thereof as is
20 34 necessary, for maintaining drug court programs in each
20 35 county in which such a program exists as of April 1,
20 36 2009, within a judicial district department of
20 37 correctional services, to be allocated as follows:
20 38 1. For the first judicial district department of
20 39 correctional services:
20 40 .................................................. $ 359,895
20 41 2. For the second judicial district department of
20 42 correctional services:
20 43 .................................................. $ 252,799
20 44 3. For the third judicial district department of
20 45 correctional services:
20 46 .................................................. $ 220,856
20 47 4. For the fourth judicial district department of
20 48 correctional services:
20 49 .................................................. $ 318,752
20 50 5. For the fifth judicial district department of
21 1 correctional services:
21 2 .................................................. $ 319,582
21 3 6. For the sixth judicial district department of
21 4 correctional services:
21 5 .................................................. $ 369,486
21 6 7. For the seventh judicial district department of
21 7 correctional services:
21 8 .................................................. $ 157,173
21 9 8. For the eighth judicial district department of
21 10 correctional services:
21 11 .................................................. $ 182,066
21 12 It is the intent of the general assembly that each
21 13 judicial district department of correctional services
21 14 shall cooperate with and utilize local community=based
21 15 treatment providers licensed under chapter 125. Each
21 16 judicial district department of correctional services
21 17 shall submit a report to the general assembly and to
21 18 the co=chairpersons and ranking members of the joint
21 19 appropriations subcommittee on the justice system, and
21 20 the legislative services agency by December 15, 2009,
21 21 detailing the utilization of drug court funds
21 22 allocated in this section.
21 23 Sec. 68. ADDITIONAL APPROPRIATION == DEPARTMENT OF
21 24 PUBLIC SAFETY. In addition to the appropriations in
21 25 2009 Iowa Acts, Senate File 475, section 14, if
21 26 enacted, and any other appropriations, there is
21 27 appropriated from the general fund of the state to the
21 28 department of public safety for the fiscal year
21 29 beginning July 1, 2009, and ending June 30, 2010, the
21 30 following amount, or so much thereof as is necessary,
21 31 to be used for the purpose designated:
21 32 For performing the duties of the department:
21 33 .................................................. $ 1,576,987
21 34 Sec. 69. VICTIM ASSISTANCE GRANTS. In addition to
21 35 the appropriation in 2009 Iowa Acts, Senate File 475,
21 36 section 1, if enacted, and any other appropriations,
21 37 there is appropriated from the general fund of the
21 38 state to the department of justice for the fiscal year
21 39 beginning July 1, 2009, and ending June 30, 2010, the
21 40 following amount, or so much thereof as is necessary,
21 41 to be used for the purposes designated:
21 42 For victim assistance grants:
21 43 .................................................. $ 1,000,000
21 44 Sec. 70. FAMILY LAW MEDIATION. Each judicial
21 45 district is encouraged to implement a family law
21 46 mediation program pursuant to section 598.7, to
21 47 encourage the resolution of domestic relations
21 48 disputes through facilitation of communication and
21 49 negotiation between parties in reaching voluntary
21 50 agreements, rather than prolonged judicial,
22 1 administrative, arbitral, or other adjudicative
22 2 processes or proceedings. Each judicial district
22 3 shall report to the supreme court by January 15, 2010,
22 4 its decision regarding such implementation.
22 5 Sec. 71. EFFECTIVE DATES.
22 6 1. This division of this Act, being deemed of
22 7 immediate importance, takes effect upon enactment.
22 8 2. Notwithstanding subsection 1, the sections of
22 9 this division of this Act amending 2009 Iowa Acts,
22 10 Senate File 472, section 1, subsection 1, unnumbered
22 11 paragraph 2, appropriating moneys to the department of
22 12 corrections for drug court programs, supplementing
22 13 appropriations to the department of public safety for
22 14 duties of the department, and supplementing
22 15 appropriations to the department of justice for victim
22 16 assistance grants, take effect July 1, 2009.
22 17 DIVISION VI
22 18 TRANSPORTATION PROVISIONS
22 19 Sec. 72. DEPARTMENT OF TRANSPORTATION.
22 20 1. There is appropriated from the primary road
22 21 fund to the department of transportation for the
22 22 fiscal year beginning July 1, 2008, and ending June
22 23 30, 2009, the following amount, or so much thereof as
22 24 is necessary, to be used for the purposes designated:
22 25 For the purchase of salt:
22 26 .................................................. $ 2,271,600
22 27 2. Notwithstanding section 8.33, moneys
22 28 appropriated in this section that remain unencumbered
22 29 or unobligated at the close of the fiscal year shall
22 30 not revert but shall remain available for expenditure
22 31 for the designated purpose until the close of the
22 32 succeeding fiscal year.
22 33 Sec. 73. Section 321H.3, subsection 2, Code 2009,
22 34 as amended by 2009 Acts, Senate File 419, if enacted,
22 35 is amended to read as follows:
22 36 2. Dismantling, scrapping, recycling, or
22 37 salvaging, or obtaining a junking certificate for more
22 38 than six vehicles subject to registration in a
22 39 twelve=month period.
22 40 Sec. 74. REIMBURSEMENT TO CITY OF MUSCATINE.
22 41 There is appropriated from the road use tax fund to
22 42 the department of transportation for the fiscal year
22 43 beginning July 1, 2009, and ending June 30, 2010, the
22 44 following amount, or so much thereof as is necessary,
22 45 to be used for the purposes designated:
22 46 To reimburse the city of Muscatine for costs
22 47 associated with implementation of section 314.29:
22 48 .................................................. $ 1,072
22 49 Sec. 75. PAYMENT OF CEDAR FALLS ASSESSMENT. There
22 50 is appropriated from the road use tax fund to the
23 1 department of transportation for the fiscal year
23 2 beginning July 1, 2009, and ending June 30, 2010, the
23 3 following amount, or so much thereof as is necessary,
23 4 to be used for the purpose designated:
23 5 For payment pursuant to section 307.45, to the city
23 6 of Cedar Falls for improvements to west twenty=third
23 7 street adjoining university of northern Iowa property:
23 8 .................................................. $ 317,906
23 9 Sec. 76. Section 307.45, unnumbered paragraph 4,
23 10 Code 2009, is amended by striking the unnumbered
23 11 paragraph.
23 12 Sec. 77. EFFECTIVE DATE. The section of this
23 13 division of this Act relating to the appropriation
23 14 from the primary road fund to the department of
23 15 transportation for the purchase of salt, being deemed
23 16 of immediate importance, takes effect upon enactment.
23 17 DIVISION VII
23 18 MISCELLANEOUS APPROPRIATIONS
23 19 Sec. 78. RACING AND GAMING COMMISSION. There is
23 20 appropriated from the general fund of the state to the
23 21 racing and gaming commission for the fiscal year
23 22 beginning July 1, 2009, and ending June 30, 2010, the
23 23 following amount, or so much thereof as is necessary,
23 24 to be used for the purposes designated:
23 25 1. RACETRACK REGULATION
23 26 For salaries, support, maintenance, and
23 27 miscellaneous purposes and for the regulation of
23 28 pari=mutuel racetracks:
23 29 .................................................. $ 277,374
23 30 2. EXCURSION BOAT AND GAMBLING STRUCTURE
23 31 REGULATION
23 32 For salaries, support, maintenance, and
23 33 miscellaneous purposes and for administration and
23 34 enforcement of the excursion boat gambling and
23 35 gambling structure laws:
23 36 .................................................. $ 321,316
23 37 Sec. 79. 2009 Iowa Acts, Senate File 470, section
23 38 10, subsection 2, paragraph b, if enacted, is amended
23 39 to read as follows:
23 40 b. Center for disabilities and development
23 41 For salaries, support, maintenance, miscellaneous
23 42 purposes, and for not more than the following
23 43 full=time equivalent positions:
23 44 .................................................. $ 6,335,993
23 45 ............................................... FTEs 130.37
23 46 From the moneys appropriated in this lettered
23 47 paragraph, $182,140 shall be allocated for purposes of
23 48 the employment policy group.
23 49 Sec. 80. 2009 Iowa Acts, House File 811, section
23 50 9, unnumbered paragraph 2, if enacted, is amended to
24 1 read as follows:
24 2 For medical assistance reimbursement and associated
24 3 costs as specifically provided in the reimbursement
24 4 methodologies in effect on June 30, 2009, except as
24 5 otherwise expressly authorized by law, including
24 6 reimbursement for abortion services which shall be
24 7 available under the medical assistance program only
24 8 for those abortions which are medically necessary:
24 9 .................................................. $677,613,847
24 10 681,949,840
24 11 Sec. 81. 2009 Iowa Acts, House File 811, section
24 12 9, subsection 12, if enacted, is amended to read as
24 13 follows:
24 14 12. a. Of the funds appropriated in this section,
24 15 $2,687,889 $7,023,882 is allocated for state match for
24 16 disproportionate share hospital payment of $7,321,954
24 17 $19,133,430 to hospitals that meet both of the
24 18 following conditions:
24 19 (1) The hospital qualifies for disproportionate
24 20 share and graduate medical education payments.
24 21 (2) The hospital is an Iowa state=owned hospital
24 22 with more than 500 beds and eight or more distinct
24 23 residency specialty or subspecialty programs
24 24 recognized by the American college of graduate medical
24 25 education.
24 26 b. Distribution of the disproportionate share
24 27 payment shall be made on a monthly basis. The total
24 28 amount of disproportionate share payments including
24 29 graduate medical education, enhanced disproportionate
24 30 share, and Iowa state=owned teaching hospital payments
24 31 shall not exceed the amount of the state's allotment
24 32 under Pub. L. No. 102=234. In addition, the total
24 33 amount of all disproportionate share payments shall
24 34 not exceed the hospital=specific disproportionate
24 35 share limits under Pub. L. No. 103=66.
24 36 c. The department shall amend the medical
24 37 assistance state plan as necessary to implement the
24 38 provisions of this subsection. If the state plan
24 39 amendment is not approved as submitted or there are
24 40 changes in federal policies or application of federal
24 41 policies that impact the distribution of
24 42 disproportionate share hospital payments, the
24 43 department shall immediately notify the governor and
24 44 the general assembly.
24 45 Sec. 82. TUITION GRANTS == APPROPRIATION. There
24 46 is appropriated from the general fund of the state to
24 47 the college student aid commission for the fiscal year
24 48 beginning July 1, 2009, and ending June 30, 2010, the
24 49 following amount, or so much thereof as is necessary,
24 50 to be used for the purposes designated:
25 1 For tuition grants as provided under section
25 2 261.25, subsection 1:
25 3 .................................................. $ 2,000,000
25 4 Sec. 83. 2009 Iowa Acts, Senate File 467, section
25 5 1, if enacted, is amended by adding the following new
25 6 subsection:
25 7 NEW SUBSECTION. 3. Of the amount appropriated in
25 8 this section, $238,000 is transferred to Iowa state
25 9 university of science and technology, to be used for
25 10 the university's midwest grape and wine industry
25 11 institute.
25 12 DIVISION VIII
25 13 MISCELLANEOUS STATUTORY CHANGES
25 14 Sec. 84. COUNTY LAND RECORD INFORMATION SYSTEM ==
25 15 PROJECT MANAGER. If Senate File 465, relating to the
25 16 duties of county recorders, fees collected by the
25 17 county recorders, and the county land record
25 18 information system, is enacted by the Eighty=third
25 19 General Assembly and signed into law by the governor,
25 20 the governing board of the county land record
25 21 information system shall immediately terminate any
25 22 existing contract with a project manager if such
25 23 termination prior to the end of the contract term is
25 24 permitted under the contract. Following such
25 25 termination the governing board of the county land
25 26 record information system shall initiate a new request
25 27 for proposals for a project manager.
25 28 Sec. 85. GLENWOOD STATE PRESERVE. Portions of the
25 29 property of the Glenwood state resource center that
25 30 are not necessary to the operation of the center and
25 31 that have been determined to be archaeologically and
25 32 environmentally significant by the state
25 33 archaeologist, shall be transferred to the
25 34 jurisdiction of the department of natural resources.
25 35 The director of the department of human services shall
25 36 execute such real estate transfer documents as are
25 37 necessary to transfer such real property of the
25 38 Glenwood state resource center, as identified in
25 39 contract completion report No. 1553 (2007) of the
25 40 state archaeologist, to the department of natural
25 41 resources. The state advisory board for preserves
25 42 shall assess the natural condition, character, and
25 43 features of the transferred property and make
25 44 recommendations for the establishment of a state
25 45 preserve on the property. The department of natural
25 46 resources may establish agreements with governmental
25 47 bodies and independent nonprofit agencies to construct
25 48 recreational and educational facilities on the
25 49 transferred property, such as, but not limited to,
25 50 event facilities and interpretive centers.
26 1 Sec. 86. DISASTER=IMPACTED EXEMPTION.
26 2 Notwithstanding the requirement for the filing of a
26 3 claim for property tax exemption by February 1, and
26 4 notwithstanding any other provisions to the contrary,
26 5 a society or organization claiming an exemption under
26 6 section 427.1, subsection 14, may file for an
26 7 exemption with the local assessor by May 1, 2009, for
26 8 property that is located in a county declared a
26 9 disaster area in calendar year 2008, if the society or
26 10 organization was unable to file for the exemption as a
26 11 result of the inability or failure to file for the
26 12 exemption caused by the need to respond to a natural
26 13 disaster occurring in calendar year 2008.
26 14 Sec. 87. NEW SECTION. 7D.16 ALCOHOLIC BEVERAGES
26 15 IN STATE CAPITOL OR ON COMPLEX GROUNDS.
26 16 Notwithstanding any contrary provision of law
26 17 prohibiting the use and consumption of alcoholic
26 18 beverages in a public place, the executive council may
26 19 authorize, by resolution, the temporary use and
26 20 consumption of alcoholic beverages, as defined in
26 21 section 123.3, in the state capitol or on the state
26 22 capitol complex grounds, as if the state capitol or
26 23 state capitol complex grounds were a private place.
26 24 The authorization by resolution shall be limited to
26 25 the use and consumption of alcoholic beverages as an
26 26 accompaniment to food at a single award ceremony,
26 27 social event, or other occasion deemed appropriate by
26 28 the executive council. The authorization shall
26 29 require that the person providing the food and
26 30 alcoholic beverages possess an appropriate liquor
26 31 control license in accordance with section 123.95.
26 32 The secretary of the executive council shall inform
26 33 the secretary of the legislative council and the
26 34 director of the department of administrative services
26 35 of the approval of any such resolution.
26 36 Sec. 88. Section 15.335, Code 2009, is amended by
26 37 adding the following new subsection:
26 38 NEW SUBSECTION. 6. Notwithstanding any provision
26 39 to the contrary, the amount of tax credit claimed
26 40 under this section and the identity of the taxpayer
26 41 making the claim shall be a public record. The
26 42 department of revenue shall issue a quarterly report
26 43 containing the name of each taxpayer claiming the
26 44 credit, the dollar amount of the claim, and the
26 45 portion of the claim issued as a refund to the
26 46 taxpayer, for each claim processed during the previous
26 47 calendar quarter, beginning with claims filed on or
26 48 after July 1, 2009.
26 49 Sec. 89. Section 15.335, subsection 4, paragraph
26 50 b, Code 2009, is amended to read as follows:
27 1 b. For purposes of this section, "Internal Revenue
27 2 Code" means the Internal Revenue Code in effect on
27 3 January 1, 2008 2009.
27 4 Sec. 90. Section 15A.9, subsection 8, paragraph e,
27 5 subparagraph (2), Code 2009, is amended to read as
27 6 follows:
27 7 (2) For purposes of this subsection, "Internal
27 8 Revenue Code" means the Internal Revenue Code in
27 9 effect on January 1, 2008 2009.
27 10 Sec. 91. Section 15E.196, subsection 1, paragraph
27 11 b, Code 2009, is amended by striking the paragraph.
27 12 Sec. 92. Section 15E.305, subsection 1, Code 2009,
27 13 is amended to read as follows:
27 14 1. For tax years beginning on or after January 1,
27 15 2003, a tax credit shall be allowed against the taxes
27 16 imposed in chapter 422, divisions II, III, and V, and
27 17 in chapter 432, and against the moneys and credits tax
27 18 imposed in section 533.329 equal to twenty twenty=five
27 19 percent of a taxpayer's endowment gift to an endow
27 20 Iowa qualified community foundation. An individual
27 21 may claim a tax credit under this section of a
27 22 partnership, limited liability company, S corporation,
27 23 estate, or trust electing to have income taxed
27 24 directly to the individual. The amount claimed by the
27 25 individual shall be based upon the pro rata share of
27 26 the individual's earnings from the partnership,
27 27 limited liability company, S corporation, estate, or
27 28 trust. A tax credit shall be allowed only for an
27 29 endowment gift made to an endow Iowa qualified
27 30 community foundation for a permanent endowment fund
27 31 established to benefit a charitable cause in this
27 32 state. The amount of the endowment gift for which the
27 33 tax credit is claimed shall not be deductible in
27 34 determining taxable income for state income tax
27 35 purposes. Any tax credit in excess of the taxpayer's
27 36 tax liability for the tax year may be credited to the
27 37 tax liability for the following five years or until
27 38 depleted, whichever occurs first. A tax credit shall
27 39 not be carried back to a tax year prior to the tax
27 40 year in which the taxpayer claims the tax credit.
27 41 Sec. 93. Section 15E.305, subsection 2, unnumbered
27 42 paragraph 1, Code 2009, is amended to read as follows:
27 43 The aggregate amount of tax credits authorized
27 44 pursuant to this section shall not exceed a total of
27 45 two three million dollars plus such additional credit
27 46 amount as provided by this section annually. The
27 47 maximum amount of tax credits granted to a taxpayer
27 48 shall not exceed five percent of the aggregate amount
27 49 of tax credits authorized.
27 50 Sec. 94. Section 26.3, subsection 2, Code 2009, is
28 1 amended to read as follows:
28 2 2. A governmental entity shall have an engineer
28 3 licensed under chapter 542B, a landscape architect
28 4 licensed under chapter 544B, or an architect
28 5 registered under chapter 544A prepare plans and
28 6 specifications, and calculate the estimated total cost
28 7 of a proposed public improvement. A governmental
28 8 entity shall ensure that sufficient paper copies of
28 9 the plans, specifications, and estimated total costs
28 10 of the proposed public improvement are available for
28 11 prospective bidders.
28 12 Sec. 95. Section 26.7, subsection 3, Code 2009, is
28 13 amended to read as follows:
28 14 3. On public improvements to be financed wholly or
28 15 partially by special assessments against benefited
28 16 property, the governmental entity, in the notice to
28 17 bidders, may request aggregate bids for all projects
28 18 included in any resolution of necessity,
28 19 notwithstanding variations in the sizes of the
28 20 improvements and notwithstanding that some parts of
28 21 the improvements are assessable and some
28 22 nonassessable, and may award the contract to the
28 23 lowest responsive, responsible bidder submitting the
28 24 lowest aggregate bid.
28 25 Sec. 96. Section 26.9, Code 2009, is amended to
28 26 read as follows:
28 27 26.9 AWARD OF CONTRACT.
28 28 The contract for the public improvement must be
28 29 awarded to the lowest responsive, responsible bidder.
28 30 The designation of contractors and subcontractors as a
28 31 responsible bidder is an independent function and
28 32 involves an analysis separate from the price of the
28 33 bid. Factors used to determine a responsible bidder
28 34 shall include, but shall not be limited to financial
28 35 responsibility, compliance with applicable laws, and
28 36 ability and experience in the performance of similar
28 37 contracts. A public entity may use a prequalification
28 38 questionnaire as a means for predefining acceptable,
28 39 responsible bidders. However, contracts relating to
28 40 public utilities or extensions or improvements
28 41 thereof, as described in sections 384.80 through
28 42 384.94, may be awarded by the city as it deems to be
28 43 in the best interests of the city. This section shall
28 44 not be construed to prohibit a governmental entity in
28 45 the award of a contract for a public improvement or a
28 46 governing body of a city utility from providing, in
28 47 the award of a contract for a public improvement, an
28 48 enhancement of payments upon early completion of the
28 49 public improvement if the availability of the
28 50 enhancement payments is included in the notice to
29 1 bidders, the enhancement payments are competitively
29 2 neutral to potential bidders, the enhancement payments
29 3 are considered as a separate item in the public
29 4 hearing on the award of contract, and the total value
29 5 of the enhancement payments does not exceed ten
29 6 percent of the value of the contract.
29 7 Sec. 97. Section 26.10, subsection 1, Code 2009,
29 8 is amended to read as follows:
29 9 1. The date and time that each bid is received by
29 10 the governmental entity, together with the name of the
29 11 person receiving the bid, shall be recorded on the
29 12 envelope containing the bid. All bids received after
29 13 the deadlines for submission of bids as stated in the
29 14 project specifications shall not be considered and
29 15 shall be returned to the late bidder unopened. The
29 16 governmental entity shall open, announce the amount of
29 17 the bids, and file all proposals received, at the time
29 18 and place specified in the notice to bidders. The
29 19 governmental entity may, by resolution, award the
29 20 contract for the public improvement to the bidder
29 21 submitting the lowest responsive, responsible bid,
29 22 determined as provided in section 26.9, or the
29 23 governmental entity may reject all bids received, fix
29 24 a new date for receiving bids, and order publication
29 25 of a new notice to bidders. The governmental entity
29 26 shall retain the bid security furnished by the
29 27 successful bidder until the approved contract form has
29 28 been executed, a bond has been filed by the bidder
29 29 guaranteeing the performance of the contract, and the
29 30 contract and bond have been approved by the
29 31 governmental entity. The provisions of chapter 573,
29 32 where applicable, apply to contracts awarded under
29 33 this chapter.
29 34 Sec. 98. Section 26.14, subsection 3, paragraphs b
29 35 and c, Code 2009, are amended to read as follows:
29 36 b. The governmental entity shall designate the
29 37 time, place, and manner for filing quotations, which
29 38 may be received by mail, facsimile, or electronic
29 39 mail. The governmental entity shall award the
29 40 contract to the contractor submitting the lowest
29 41 responsive, responsible quotation subject to section
29 42 26.9, or the governmental entity may reject all of the
29 43 quotations. The unconditional acceptance and approval
29 44 of the lowest responsive, responsible quotation shall
29 45 constitute the award of a contract. The governmental
29 46 entity shall record the approved quotation in its
29 47 meeting minutes. The contractor awarded the contract
29 48 shall not commence work until the contractor's
29 49 performance and payment bond has been approved by the
29 50 governmental entity. A governmental entity may
30 1 delegate the authority to award a contract, to execute
30 2 a contract, to authorize work to proceed under a
30 3 contract, or to approve the contractor's performance
30 4 and payment bond to an officer or employee of the
30 5 governmental entity. A quotation approved outside a
30 6 meeting of the governing body of a governmental entity
30 7 shall be included in the minutes of the next regular
30 8 or special meeting of the governing body.
30 9 c. If a public improvement may be performed by an
30 10 employee of the governmental entity, the amount of
30 11 estimated sales and fuel tax and the premium cost for
30 12 the performance and payment bond which a contractor
30 13 identifies in its quotation shall be deducted from the
30 14 contractor's price for determining the lowest
30 15 responsible quotation. If no quotations are received
30 16 to perform the work, or if the governmental entity's
30 17 estimated cost to do the work with its employee is
30 18 less than the lowest responsive, responsible quotation
30 19 received, the governmental entity may authorize its
30 20 employee or employees to perform the work.
30 21 Sec. 99. Section 35C.1, subsection 1, Code 2009,
30 22 as amended by 2009 Iowa Acts, Senate File 186, section
30 23 1, if enacted, is amended by striking the subsection
30 24 and inserting in lieu thereof the following:
30 25 1. In every public department and upon all public
30 26 works in the state, and of the counties, cities, and
30 27 school corporations of the state, veterans who are
30 28 citizens and residents of the United States are
30 29 entitled to preference in appointment and employment
30 30 over other applicants of no greater qualifications.
30 31 The preference in appointment and employment for
30 32 employees of cities under a municipal civil service is
30 33 the same as provided in section 400.10. For purposes
30 34 of this section, "veteran" means as defined in section
30 35 35.1 except that the requirement that the person be a
30 36 resident of this state shall not apply.
30 37 Sec. 100. Section 85.61, Code 2009, is amended by
30 38 adding the following new subsection:
30 39 NEW SUBSECTION. 7A. "Reasonable or probable cause
30 40 or excuse" means an excuse supported on the basis of
30 41 facts determined reasonable by the workers'
30 42 compensation commissioner and does not mean an excuse
30 43 supported on the basis of facts fairly debatable as a
30 44 matter of law as recognized in the common law with
30 45 respect to a bad=faith tort.
30 46 Sec. 101. Section 85.71, subsection 1, paragraph
30 47 a, Code 2009, is amended to read as follows:
30 48 a. The employer has a place of business in this
30 49 state and the employee regularly works at or from that
30 50 place of business, or the employer has a place of
31 1 business in this state and the employee is domiciled
31 2 in this state.
31 3 Sec. 102. Section 86.13, Code 2009, is amended to
31 4 read as follows:
31 5 86.13 COMPENSATION PAYMENTS.
31 6 1. If an employer or insurance carrier pays weekly
31 7 compensation benefits to an employee, the employer or
31 8 insurance carrier shall file with the workers'
31 9 compensation commissioner in the form and manner
31 10 required by the workers' compensation commissioner a
31 11 notice of the commencement of the payments. The
31 12 payments establish conclusively that the employer and
31 13 insurance carrier have notice of the injury for which
31 14 benefits are claimed but the payments do not
31 15 constitute an admission of liability under this
31 16 chapter or chapter 85, 85A, or 85B.
31 17 2. If an employer or insurance carrier fails to
31 18 file the notice required by this section, the failure
31 19 stops the running of the time periods in section 85.26
31 20 as of the date of the first payment. If commenced,
31 21 the payments shall be terminated only when the
31 22 employee has returned to work, or upon thirty days'
31 23 notice stating the reason for the termination and
31 24 advising the employee of the right to file a claim
31 25 with the workers' compensation commissioner.
31 26 3. This section does not prevent the parties from
31 27 reaching an agreement for settlement regarding
31 28 compensation. However, the agreement is valid only if
31 29 signed by all parties and approved by the workers'
31 30 compensation commissioner.
31 31 4. a. If a denial, a delay in commencement
31 32 payment, or a termination of benefits occurs without
31 33 reasonable or probable cause or excuse known to the
31 34 employer or insurance carrier at the time of the
31 35 denial, delay in payment, or termination of benefits,
31 36 the workers' compensation commissioner shall award
31 37 benefits in addition to those benefits payable under
31 38 this chapter, or chapter 85, 85A, or 85B, up to fifty
31 39 percent of the amount of benefits that were
31 40 unreasonably denied, delayed, or denied terminated
31 41 without reasonable or probable cause or excuse.
31 42 b. The workers' compensation commissioner shall
31 43 award benefits under this subsection if the
31 44 commissioner finds both of the following facts:
31 45 (1) The employee has demonstrated a denial, delay
31 46 in payment, or termination of benefits.
31 47 (2) The employer has failed to prove a reasonable
31 48 or probable cause or excuse for the denial, delay in
31 49 payment, or termination of benefits.
31 50 c. In order to be considered a reasonable or
32 1 probable cause or excuse under paragraph "b", an
32 2 excuse shall satisfy all of the following criteria:
32 3 (1) The excuse was preceded by a reasonable
32 4 investigation and evaluation by the employer or
32 5 insurance carrier into whether benefits were owed to
32 6 the employee.
32 7 (2) The results of the reasonable investigation
32 8 and evaluation were the actual basis upon which the
32 9 employer or insurance carrier contemporaneously relied
32 10 to deny, delay payment of, or terminate benefits.
32 11 (3) The employer or insurance carrier
32 12 contemporaneously conveyed the basis for the denial,
32 13 delay in payment, or termination of benefits to the
32 14 employee at the time of the denial, delay, or
32 15 termination of benefits.
32 16 Sec. 103. Section 96.40, subsection 2, paragraph
32 17 i, Code 2009, is amended to read as follows:
32 18 i. The duration of the shared work plan will not
32 19 exceed twenty=six fifty=two weeks. An employing unit
32 20 is eligible for approval of only one plan during a
32 21 twenty=four=month period.
32 22 Sec. 104. Section 96.40, subsection 8, Code 2009,
32 23 is amended to read as follows:
32 24 8. An individual shall not be entitled to receive
32 25 shared work benefits and regular unemployment
32 26 compensation benefits in an aggregate amount which
32 27 exceeds the maximum total amount of benefits payable
32 28 to that individual in a benefit year as provided under
32 29 section 96.3, subsection 5. Notwithstanding any other
32 30 provisions of this chapter, an individual shall not be
32 31 eligible to receive shared work benefits for more than
32 32 twenty=six calendar weeks during the individual's
32 33 benefit year.
32 34 Sec. 105. Section 99B.10, subsection 1, paragraph
32 35 a, Code 2009, is amended to read as follows:
32 36 a. A prize of merchandise exceeding five fifty
32 37 dollars in value shall not be awarded for use of the
32 38 device. However, a mechanical or amusement device may
32 39 be designed or adapted to award a prize or one or more
32 40 free games or portions of games without payment of
32 41 additional consideration by the participant.
32 42 Sec. 106. Section 103.1, Code 2009, is amended by
32 43 adding the following new subsection:
32 44 NEW SUBSECTION. 7A. "Farm" means land, buildings
32 45 and structures used for agricultural purposes
32 46 including but not limited to the storage, handling,
32 47 and drying of grain and the care, feeding, and housing
32 48 of livestock.
32 49 Sec. 107. Section 103.22, subsection 2, Code 2009,
32 50 is amended to read as follows:
33 1 2. Require employees of municipal utilities,
33 2 electric membership or cooperative associations,
33 3 investor=owned utilities, rural water associations or
33 4 districts, railroads, telecommunications companies,
33 5 franchised cable television operators, farms, or
33 6 commercial or industrial companies performing
33 7 manufacturing, installation, and repair work for such
33 8 employer to hold licenses while acting within the
33 9 scope of their employment. An employee of a farm does
33 10 not include a person who is employed for the primary
33 11 purpose of installing a new electrical installation.
33 12 Sec. 108. Section 103.29, Code 2009, is amended by
33 13 adding the following new subsection:
33 14 NEW SUBSECTION. 7. A county shall not perform
33 15 electrical inspections on a farm or farm residence.
33 16 Sec. 109. Section 103.32, Code 2009, is amended by
33 17 adding the following new subsection:
33 18 NEW SUBSECTION. 5. A state electrical inspection
33 19 fee shall not be assessed for an event benefiting a
33 20 nonprofit association representing volunteer service
33 21 providers. An electrical inspection fee shall not be
33 22 assessed by a political subdivision for an annual
33 23 event benefiting a nonprofit association representing
33 24 volunteer service providers.
33 25 Sec. 110. Section 214A.2, subsection 5, Code 2009,
33 26 is amended to read as follows:
33 27 5. Ethanol blended gasoline shall be designated
33 28 E=xx where "xx" is the volume percent of ethanol in
33 29 the ethanol blended gasoline and biodiesel fuel shall
33 30 be designated B=xx where "xx" is the volume percent of
33 31 biodiesel.
33 32 Sec. 111. Section 214A.3, subsection 2, paragraph
33 33 b, subparagraph (2), Code 2009, is amended to read as
33 34 follows:
33 35 (2) Biodiesel fuel shall be designated according
33 36 to its classification as provided in section 214A.2.
33 37 A person shall not knowingly falsely advertise
33 38 biodiesel blended fuel by using an inaccurate
33 39 designation in violation of this subparagraph as
33 40 provided in section 214A.2.
33 41 Sec. 112. Section 214A.5, Code 2009, is amended to
33 42 read as follows:
33 43 214A.5 SALES SLIP ON DEMAND DOCUMENTATION.
33 44 1. A wholesale dealer or retail dealer shall, when
33 45 making a sale of motor fuel, give to a purchaser upon
33 46 demand a sales slip.
33 47 2. A wholesale dealer selling ethanol blended
33 48 gasoline or biodiesel blended fuel to a purchaser
33 49 shall provide the purchaser with a statement
33 50 indicating its designation as provided in section
34 1 214A.2. The statement may be on the sales slip
34 2 provided in this section or a similar document,
34 3 including but not limited to a bill of lading or
34 4 invoice.
34 5 Sec. 113. Section 214A.16, subsection 1, Code
34 6 2009, is amended to read as follows:
34 7 1. a. If motor fuel containing a renewable fuel
34 8 ethanol blended gasoline is sold from a motor fuel
34 9 pump, the motor fuel pump shall have affixed a decal
34 10 identifying the name of the renewable fuel ethanol
34 11 blended gasoline. The decal shall be different based
34 12 on the type of renewable fuel dispensed. If the motor
34 13 fuel pump dispenses ethanol blended gasoline
34 14 classified as higher than standard ethanol blended
34 15 gasoline pursuant to section 214A.2, the decal shall
34 16 contain the following notice: "FOR FLEXIBLE FUEL
34 17 VEHICLES ONLY".
34 18 b. If biodiesel fuel is sold from a motor fuel
34 19 pump, the motor fuel pump shall have affixed a decal
34 20 identifying the biodiesel fuel as provided in 16
34 21 C.F.R. pt. 306.
34 22 Sec. 114. Section 321.105A, subsection 2,
34 23 paragraph c, subparagraph (25), unnumbered paragraph
34 24 1, Code 2009, is amended to read as follows:
34 25 Vehicles subject to registration under this chapter
34 26 with a gross vehicle weight rating of less than
34 27 sixteen thousand pounds, excluding motorcycles and
34 28 motorized bicycles, when purchased for lease and
34 29 titled by the lessor licensed pursuant to chapter 321F
34 30 and actually leased for a period of twelve months or
34 31 more if the lease of the vehicle is subject to the fee
34 32 for new registration under subsection 3.
34 33 Sec. 115. Section 321.105A, subsection 3,
34 34 paragraph a, Code 2009, is amended to read as follows:
34 35 a. A fee for new registration is imposed in an
34 36 amount equal to five percent of the leased price for
34 37 each vehicle subject to registration with a gross
34 38 vehicle weight rating of less than sixteen thousand
34 39 pounds, excluding motorcycles and motorized bicycles,
34 40 which is leased by a lessor licensed pursuant to
34 41 chapter 321F for a period of twelve months or more.
34 42 The fee for new registration shall be paid by the
34 43 owner of the vehicle to the county treasurer from whom
34 44 the registration receipt or certificate of title is
34 45 obtained. A registration receipt for a vehicle
34 46 subject to registration or issuance of a certificate
34 47 of title shall not be issued until the fee for new
34 48 registration is paid in the initial instance.
34 49 Sec. 116. Section 321.105A, subsection 5,
34 50 paragraph a, Code 2009, is amended by striking the
35 1 paragraph.
35 2 Sec. 117. Section 321I.10, subsection 2, Code
35 3 2009, is amended to read as follows:
35 4 2. A registered all=terrain vehicle may be
35 5 operated on the roadways of that portion of county
35 6 highways designated by the county board of supervisors
35 7 for such use during a specified period. The county
35 8 board of supervisors shall evaluate the traffic
35 9 conditions on all county highways and designate
35 10 roadways on which all=terrain vehicles may be operated
35 11 for the specified period without unduly interfering
35 12 with or constituting an undue hazard to conventional
35 13 motor vehicle traffic. Signs warning of the operation
35 14 of all=terrain vehicles on the roadway shall be placed
35 15 and maintained on the portions of highway thus
35 16 designated during the period specified for the
35 17 operation.
35 18 Sec. 118. Section 331.325, subsection 1, Code
35 19 2009, is amended to read as follows:
35 20 1. As used in this section, "pioneer cemetery"
35 21 means a cemetery where there have been six twelve or
35 22 fewer burials in the preceding fifty years.
35 23 Sec. 119. Section 331.907, subsection 2, Code
35 24 2009, is amended to read as follows:
35 25 2. At the public hearing held on the county budget
35 26 as provided in section 331.434, the county
35 27 compensation board shall submit its recommended
35 28 compensation schedule for the next fiscal year to the
35 29 board of supervisors for inclusion in the county
35 30 budget. The board of supervisors shall review the
35 31 recommended compensation schedule for the elected
35 32 county officers and determine the final compensation
35 33 schedule which shall not exceed the compensation
35 34 schedule recommended by the county compensation board.
35 35 In determining the final compensation schedule if the
35 36 board of supervisors wishes to reduce the amount of
35 37 the recommended compensation schedule, the amount of
35 38 salary increase proposed for each elected county
35 39 officer, except as provided in subsection 2A, shall be
35 40 reduced an equal percentage. A copy of the final
35 41 compensation schedule shall be filed with the county
35 42 budget at the office of the director of the department
35 43 of management. The final compensation schedule takes
35 44 effect on July 1 following its adoption by the board
35 45 of supervisors.
35 46 Sec. 120. Section 331.907, Code 2009, is amended
35 47 by adding the following new subsection:
35 48 NEW SUBSECTION. 2A. The board of supervisors may
35 49 adopt a decrease in compensation paid to supervisors
35 50 irrespective of the county compensation board's
36 1 recommended compensation schedule or other approved
36 2 changes in compensation paid to other elected county
36 3 officers. A decrease in compensation paid to
36 4 supervisors shall be adopted by the board of
36 5 supervisors no less than thirty days before the county
36 6 budget is certified under section 24.17.
36 7 Sec. 121. Section 400.10, Code 2009, as amended by
36 8 2009 Iowa Acts, Senate File 186, section 2, if
36 9 enacted, is amended by striking the section and
36 10 inserting in lieu thereof the following:
36 11 400.10 PREFERENCES.
36 12 In all examinations and appointments under this
36 13 chapter, other than promotions and appointments of
36 14 chief of the police department and chief of the fire
36 15 department, veterans who are citizens and residents of
36 16 the United States, shall have five percentage points
36 17 added to the veteran's grade or score attained in
36 18 qualifying examinations for appointment to positions
36 19 and five additional percentage points added to the
36 20 grade or score if the veteran has a service=connected
36 21 disability or is receiving compensation, disability
36 22 benefits or pension under laws administered by the
36 23 veterans administration. An honorably discharged
36 24 veteran who has been awarded the Purple Heart incurred
36 25 in action shall be considered to have a
36 26 service=connected disability. However, the percentage
36 27 points shall be given only upon passing the exam and
36 28 shall not be the determining factor in passing.
36 29 Veteran's preference percentage points shall be
36 30 applied once to the final scores used to rank
36 31 applicants for selection for an interview. For
36 32 purposes of this section, "veteran" means as defined
36 33 in section 35.1 except that the requirement that the
36 34 person be a resident of this state shall not apply.
36 35 Sec. 122. Section 412.2, subsection 1, Code 2009,
36 36 is amended to read as follows:
36 37 1. From the proceeds of the assessments on the
36 38 wages and salaries of employees, of any such
36 39 waterworks system, or other municipally owned and
36 40 operated public utility, eligible to receive the
36 41 benefits thereof. Notwithstanding any provisions of
36 42 section 20.9 to the contrary, a council, board of
36 43 waterworks, or other board or commission which
36 44 establishes a pension and annuity retirement system
36 45 pursuant to this chapter, shall negotiate in good
36 46 faith with a certified employee organization as
36 47 defined in section 20.3, which is the collective
36 48 bargaining representative of the employees, with
36 49 respect to the amount or rate of the assessment on the
36 50 wages and salaries of employees and the method or
37 1 methods for payment of the assessment by the
37 2 employees.
37 3 Sec. 123. Section 412.3, Code 2009, is amended to
37 4 read as follows:
37 5 412.3 RULES.
37 6 The council, board of waterworks trustees, or other
37 7 board or commission, whichever is authorized by law to
37 8 manage and operate such waterworks, or other
37 9 municipally owned and operated public utility, may
37 10 formulate and establish such pension and annuity
37 11 retirement system, and may make and establish such
37 12 rules for the operation thereof as may be deemed
37 13 necessary or appropriate, subject to the provision of
37 14 section 412.2, subsection 1.
37 15 Sec. 124. Section 422.10, subsection 3, unnumbered
37 16 paragraph 2, Code 2009, is amended to read as follows:
37 17 For purposes of this section, "Internal Revenue
37 18 Code" means the Internal Revenue Code in effect on
37 19 January 1, 2008 2009.
37 20 Sec. 125. Section 422.10, Code 2009, is amended by
37 21 adding the following new subsection:
37 22 NEW SUBSECTION. 6. Notwithstanding any provision
37 23 to the contrary, the amount of tax credit claimed
37 24 under this section and the identity of the taxpayer
37 25 making the claim shall be a public record. The
37 26 department shall issue a quarterly report containing
37 27 the name of each taxpayer claiming the credit, the
37 28 dollar amount of the claim, and the portion of the
37 29 claim issued as a refund to the taxpayer, for each
37 30 claim processed during the previous calendar quarter,
37 31 beginning with claims filed on or after July 1, 2009.
37 32 Sec. 126. Section 422.13, subsection 5, Code 2009,
37 33 is amended to read as follows:
37 34 5. a. Notwithstanding subsections 1 through 4 and
37 35 sections 422.15 and 422.36, a partnership, a limited
37 36 liability company whose members are taxed on the
37 37 company's income under provisions of the Internal
37 38 Revenue Code, trust, or corporation whose stockholders
37 39 are taxed on the corporation's income under the
37 40 provisions of the Internal Revenue Code may, not later
37 41 than the due date for filing its return for the
37 42 taxable year, including any extension thereof, elect
37 43 to file a composite return for the nonresident
37 44 partners, members, beneficiaries, or shareholders.
37 45 Nonresident trusts or estates which are partners,
37 46 members, beneficiaries, or shareholders in
37 47 partnerships, limited liability companies, trusts, or
37 48 S corporations may also be included on a composite
37 49 return. The director may require that a composite
37 50 return be filed under the conditions deemed
38 1 appropriate by the director. A partnership, limited
38 2 liability company, trust, or corporation filing a
38 3 composite return is liable for tax required to be
38 4 shown due on the return.
38 5 b. Notwithstanding subsection 1 through 4 and
38 6 sections 422.15 and 422.36, if the director determines
38 7 that it is necessary for the efficient administration
38 8 of this chapter, the director may require that a
38 9 composite return be filed for nonresidents other than
38 10 nonresident partners, members, beneficiaries or
38 11 shareholders in partnerships, limited liability
38 12 companies, trusts, or S corporations.
38 13 c. All powers of the director and requirements of
38 14 the director apply to returns filed under this
38 15 subsection including, but not limited to, the
38 16 provisions of this division and division VI of this
38 17 chapter.
38 18 Sec. 127. Section 422.33, subsection 5, paragraph
38 19 d, unnumbered paragraph 2, Code 2009, is amended to
38 20 read as follows:
38 21 For purposes of this subsection, "Internal Revenue
38 22 Code" means the Internal Revenue Code in effect on
38 23 January 1, 2008 2009.
38 24 Sec. 128. Section 422.33, subsection 5, Code 2009,
38 25 is amended by adding the following new paragraph:
38 26 NEW PARAGRAPH. h. Notwithstanding any provision
38 27 to the contrary, the amount of tax credit claimed
38 28 under this subsection and the identity of the taxpayer
38 29 making the claim shall be a public record. The
38 30 department shall issue a quarterly report containing
38 31 the name of each taxpayer claiming the credit, the
38 32 dollar amount of the claim, and the portion of the
38 33 claim issued as a refund to the taxpayer, for each
38 34 claim processed during the previous calendar quarter,
38 35 beginning with claims filed on or after July 1, 2009.
38 36 Sec. 129. Section 422.33, subsection 9, Code 2009,
38 37 is amended by striking the subsection.
38 38 Sec. 130. Section 422.88, subsections 2 and 3,
38 39 Code 2009, are amended to read as follows:
38 40 2. The amount of the underpayment shall be the
38 41 excess of the amount of the installment which would be
38 42 required to be paid if the estimated tax was equal to
38 43 ninety one hundred percent of the tax shown on the
38 44 return of the taxpayer for the taxable year over the
38 45 amount of installments paid on or before the date
38 46 prescribed for payment.
38 47 3. If the taxpayer did not file a return during
38 48 the taxable year, the amount of the underpayment shall
38 49 be equal to ninety one hundred percent of the
38 50 taxpayer's tax liability for the taxable year over the
39 1 amount of installments paid on or before the date
39 2 prescribed for payment.
39 3 Sec. 131. Section 423.3, subsection 39, Code 2009,
39 4 is amended to read as follows:
39 5 39. The sales price from "casual sales".
39 6 a. "Casual sales" means:
39 7 a. (1) Sales of tangible personal property, or the
39 8 furnishing of services, of a nonrecurring nature, by
39 9 the owner, if the seller, at the time of the sale, is
39 10 not engaged for profit in the business of selling
39 11 tangible personal property or services taxed under
39 12 section 423.2.
39 13 b. (2) The sale of all or substantially all of the
39 14 tangible personal property or services held or used by
39 15 a seller in the course of the seller's trade or
39 16 business for which the seller is required to hold a
39 17 sales tax permit when the seller sells or otherwise
39 18 transfers the trade or business to another person who
39 19 shall engage in a similar trade or business.
39 20 c. (3) Notwithstanding paragraph "a" subparagraph
39 21 (1), the sale, furnishing, or performance of a service
39 22 that is of a recurring nature by the owner if, at the
39 23 time of the sale, all of the following apply:
39 24 (1) (a) The seller is not engaged for profit in
39 25 the business of the selling, furnishing, or
39 26 performance of services taxed under section 423.2.
39 27 For purposes of this subparagraph, the fact of the
39 28 recurring nature of selling, furnishing, or
39 29 performance of services does not constitute by itself
39 30 engaging for profit in the business of selling,
39 31 furnishing, or performance of services.
39 32 (2) (b) The owner of the business is the only
39 33 person performing the service.
39 34 (3) (c) The owner of the business is a full=time
39 35 student.
39 36 (4) (d) The total gross receipts from the sales,
39 37 furnishing, or performance of services during the
39 38 calendar year does not exceed five thousand dollars.
39 39 b. The exemption under this subsection does not
39 40 apply to vehicles subject to registration, all=terrain
39 41 vehicles, snowmobiles, off=road motorcycles, off=road
39 42 utility vehicles, aircraft, or commercial or pleasure
39 43 watercraft or water vessels.
39 44 Sec. 132. Section 423A.5, subsection 1, paragraph
39 45 c, Code 2009, is amended by striking the paragraph.
39 46 Sec. 133. Section 423A.5, subsection 2, paragraph
39 47 c, Code 2009, is amended by striking the paragraph.
39 48 Sec. 134. Section 452A.12, subsection 2, Code
39 49 2009, is amended to read as follows:
39 50 2. A person while transporting motor fuel or
40 1 undyed special fuel from a refinery or marine or
40 2 pipeline terminal in this state or from a point
40 3 outside this state over the highways of this state in
40 4 service other than that under subsection 1 shall carry
40 5 in the vehicle a loading invoice showing the name and
40 6 address of the seller or consignor, the date and place
40 7 of loading, and the kind and quantity of motor fuel or
40 8 special fuel loaded, together with invoices showing
40 9 the kind and quantity of each delivery and the name
40 10 and address of each purchaser or consignee. An
40 11 invoice carried pursuant to this subsection for
40 12 ethanol blended gasoline or biodiesel blended fuel
40 13 shall state its designation as provided in section
40 14 214A.2.
40 15 Sec. 135. Section 452A.74A, subsections 1, 2, and
40 16 5, Code 2009, are amended to read as follows:
40 17 1. ILLEGAL USE OF DYED FUEL. The illegal use of
40 18 dyed fuel in the supply tank of a motor vehicle shall
40 19 result in a civil penalty assessed against the owner
40 20 or operator of the motor vehicle as follows:
40 21 a. A two five hundred dollar fine penalty for the
40 22 first violation.
40 23 b. A five hundred one thousand dollar fine penalty
40 24 for a second violation within three years of the first
40 25 violation.
40 26 c. A one two thousand dollar fine penalty for
40 27 third and subsequent violations within three years of
40 28 the first violation.
40 29 2. ILLEGAL IMPORTATION OF UNTAXED FUEL. A person
40 30 who imports motor fuel or undyed special fuel without
40 31 a valid importer's license or supplier's license shall
40 32 be assessed a civil penalty as provided in this
40 33 subsection. However, the owner or operator of the
40 34 importing vehicle shall not be guilty of violating
40 35 this subsection if it is shown by the owner or
40 36 operator that the owner or operator reasonably did not
40 37 know or reasonably should not have known of the
40 38 illegal importation.
40 39 a. For a first violation, the importing vehicle
40 40 shall be detained and a fine penalty of two four
40 41 thousand dollars shall be paid before the vehicle will
40 42 be released. The owner or operator of the importing
40 43 vehicle or the owner of the fuel may be held liable
40 44 for payment of the fine penalty.
40 45 b. For a second violation, the importing vehicle
40 46 shall be detained and a fine penalty of five ten
40 47 thousand dollars shall be paid before the vehicle will
40 48 be released. The owner or operator of the importing
40 49 vehicle or the owner of the fuel may be held liable to
40 50 pay the fine penalty.
41 1 c. For third and subsequent violations, the
41 2 importing vehicle and the fuel shall be seized and a
41 3 fine penalty of ten twenty thousand dollars shall be
41 4 paid before the vehicle will be released. The owner
41 5 or operator of the importing vehicle or the owner of
41 6 the fuel may be held liable to pay the fine penalty.
41 7 d. If the owner or operator of the importing
41 8 vehicle or the owner of the fuel fails to pay the tax
41 9 and fine penalty for a first or second offense, the
41 10 importing vehicle and the fuel may be seized. The
41 11 department of revenue, the state department of
41 12 transportation, or any peace officer, at the request
41 13 of either department, may seize the vehicle and the
41 14 fuel.
41 15 e. If the operator or owner of the importing
41 16 vehicle or the owner of the fuel move moves the
41 17 vehicle or the fuel after the vehicle has been
41 18 detained and a sticker has been placed on the vehicle
41 19 stating that "This vehicle cannot be moved until the
41 20 tax, penalty, and interest have been paid to the
41 21 Department of Revenue", an additional penalty of five
41 22 ten thousand dollars shall be assessed against the
41 23 operator or owner of the importing vehicle or the
41 24 owner of the fuel.
41 25 f. For purposes of this subsection, "vehicle"
41 26 means as defined in section 321.1.
41 27 5. PREVENTION OF INSPECTION. The department of
41 28 revenue or the state department of transportation may
41 29 conduct inspections for coloration, markers, and
41 30 shipping papers at any place where taxable fuel is or
41 31 may be loaded into transport vehicles, produced, or
41 32 stored. Any attempts by a person to prevent, stop, or
41 33 delay an inspection of fuel or shipping papers by
41 34 authorized personnel shall be subject to a civil
41 35 penalty of not more than one two thousand dollars per
41 36 occurrence. Any law enforcement officer or department
41 37 of revenue or state department of transportation
41 38 employee may physically inspect, examine, or otherwise
41 39 search any tank, reservoir, or other container that
41 40 can or may be used for the production, storage, or
41 41 transportation of any type of fuel.
41 42 Sec. 136. Section 466A.4, subsection 1, Code 2009,
41 43 is amended to read as follows:
41 44 1. Public water supply utilities, counties, county
41 45 conservation boards, and cities may also be eligible
41 46 and apply for and receive local watershed improvement
41 47 grants for water quality improvement projects. An
41 48 applicant shall coordinate with a local watershed
41 49 improvement committee or a soil and water conservation
41 50 district and shall include in the application a
42 1 description of existing projects and any potential
42 2 impact the proposed project may have on existing or
42 3 planned water quality improvement projects.
42 4 Sec. 137. NEW SECTION. 476B.6A ALTERNATIVE TAX
42 5 CREDIT QUALIFICATION == PILOT PROJECT.
42 6 Notwithstanding any other provision of this chapter
42 7 to the contrary, the board shall establish a pilot
42 8 project which will allow for a wind energy production
42 9 tax credit of one and one=half cents multiplied by the
42 10 number of kilowatt=hours of qualified electricity sold
42 11 or used for on=site consumption by up to two qualified
42 12 facilities selected for participation in the project.
42 13 To be eligible for the project, a qualified facility
42 14 shall meet all eligibility requirements otherwise
42 15 applicable pursuant to this chapter, and in addition
42 16 shall be located in a county in this state with a
42 17 population of between forty=four thousand one hundred
42 18 fifty and forty=four thousand five hundred based on
42 19 the 2006 census, and with a combined nameplate
42 20 generating capacity of at least one megawatt per
42 21 applicant. For purposes of the pilot project, the two
42 22 megawatt minimum requirement for qualification
42 23 pursuant to section 476B.1, subsection 4, paragraph
42 24 "d", shall not be applicable. The board shall reduce
42 25 the remaining credits available under this chapter by
42 26 a dollar amount equal to the amount of credits awarded
42 27 pursuant to the project.
42 28 Sec. 138. Section 523I.102, subsection 39, Code
42 29 2009, is amended to read as follows:
42 30 39. "Pioneer cemetery" means a cemetery where
42 31 there were six twelve or fewer burials in the
42 32 preceding fifty years.
42 33 Sec. 139. Section 523I.316, Code 2009, is amended
42 34 by adding the following new subsection:
42 35 NEW SUBSECTION. 7. ADVERSE POSSESSION. A
42 36 cemetery or a pioneer cemetery is exempt from seizure,
42 37 appropriation, or acquisition of title under any claim
42 38 of adverse possession, unless it is shown that all
42 39 remains in the cemetery or pioneer cemetery have been
42 40 disinterred and removed to another location.
42 41 Sec. 140. Section 602.6404, subsection 3, Code
42 42 2009, is amended by striking the subsection and
42 43 inserting in lieu thereof the following:
42 44 3. A magistrate shall be an attorney licensed to
42 45 practice law in this state. However, a magistrate not
42 46 admitted to the practice of law in this state and who
42 47 is holding office on April 1, 2009, shall be eligible
42 48 to be reappointed as a magistrate in the same county
42 49 for a term commencing August 1, 2009, and subsequent
42 50 successive terms.
43 1 Sec. 141. EFFECTIVE DATE. Section 483A.1,
43 2 subsection 2, paragraph "ee", as enacted by 2009 Iowa
43 3 Acts, House File 722, section 33, if enacted, and
43 4 section 483A.7, subsection 3, as amended by 2009 Iowa
43 5 Acts, House File 722, section 37, if enacted, and this
43 6 section, being deemed of immediate importance, take
43 7 effect immediately upon enactment of this Act.
43 8 Sec. 142. 2009 Iowa Acts, Senate File 415, section
43 9 1, if enacted, is amended by striking the section and
43 10 inserting in lieu thereof the following:
43 11 SECTION 1. PROPERTY RIGHTS DEFENSE ACCOUNT.
43 12 1. A city may establish a property rights defense
43 13 account within the city's general fund. If a property
43 14 rights defense account is established under this
43 15 section, moneys which remain unclaimed under section
43 16 2, subsection 11, paragraph "d", of this Act, may be
43 17 deposited in the account. Interest or earnings on
43 18 moneys in the property rights defense account shall be
43 19 credited to the account. Moneys in the property
43 20 rights defense account are not subject to transfer,
43 21 appropriation, or reversion to any other account or
43 22 fund, or any other use except as provided in this
43 23 section.
43 24 2. Moneys in the account shall be used for the
43 25 reimbursement of reasonable attorney fees and
43 26 reasonable costs incurred by a property owner as the
43 27 result of proceedings initiated under this Act,
43 28 chapters 6A and 6B, and section 657A.10A.
43 29 3. Property owners shall apply to the city council
43 30 on a form prescribed by the city council. If
43 31 sufficient funds exist in the account, the city
43 32 council shall reimburse each property owner who
43 33 applies for all reasonable attorney fees and
43 34 reasonable costs incurred. If insufficient funds
43 35 exist in the account to reimburse a property owner for
43 36 all reasonable attorney fees and reasonable costs
43 37 incurred, the city council shall reimburse the
43 38 property owner for the fees and costs in an amount
43 39 equal to the remaining balance in account.
43 40 Sec. 143. 2007 Iowa Acts, chapter 186, section 29,
43 41 is amended to read as follows:
43 42 SEC. 29. REFUND OF PROPERTY TAXES.
43 43 Notwithstanding the deadline for filing a claim for
43 44 property tax exemption for property described in
43 45 section 427.1, subsection 8 or 9, and notwithstanding
43 46 any other provision to the contrary, the board of
43 47 supervisors of a county having a population based upon
43 48 the latest federal decennial census of more than
43 49 eighty=eight thousand but not more than ninety=five
43 50 thousand shall refund the property taxes paid, with
44 1 all interest, penalties, fees, and costs which were
44 2 due and payable in the fiscal year beginning July 1,
44 3 2002, and in the fiscal year beginning July 1, 2005
44 4 2006, on the land and buildings of an institution that
44 5 purchased property and that did not receive a property
44 6 tax exemption for the property due to the inability or
44 7 failure to file for the exemption. To receive the
44 8 refund provided for in this section, the institution
44 9 shall apply to the county board of supervisors by
44 10 October 1, 2007 2009, and provide appropriate
44 11 information establishing that the land and buildings
44 12 for which the refund is sought were used by the
44 13 institution for its appropriate objectives during the
44 14 fiscal year beginning July 1, 2002, and during the
44 15 fiscal year beginning July 1, 2005 2006. The refund
44 16 allowed under this section only applies to property
44 17 taxes, with all interest, penalties, fees, and costs,
44 18 due and payable in the fiscal year beginning July 1,
44 19 2002, and in the fiscal year beginning July 1, 2005
44 20 2006.
44 21 Sec. 144. 2007 Iowa Acts, chapter 186, section 30,
44 22 is amended to read as follows:
44 23 SEC. 30. IMMEDIATE EFFECTIVE DATE. The section
44 24 Section 29 of this division of this Act, amending
44 25 section 427.3, being deemed of immediate importance,
44 26 takes effect upon enactment and applies retroactively
44 27 to property taxes due and payable in the fiscal year
44 28 beginning July 1, 2002, and in the fiscal year
44 29 beginning July 1, 2005 2006.
44 30 Sec. 145. Section 422.11E, Code 2009, is repealed.
44 31 Sec. 146. Sections 422.120 through 422.122, Code
44 32 2009, are repealed.
44 33 Sec. 147. EFFECTIVE AND RETROACTIVE APPLICABILITY
44 34 DATES.
44 35 1. The section of this division of this Act
44 36 concerning the county land record information system,
44 37 being deemed of immediate importance, takes effect
44 38 upon enactment.
44 39 2. The section of this division of this Act
44 40 amending 2009 Iowa Acts, Senate File 415, being deemed
44 41 of immediate importance, takes effect upon enactment.
44 42 3. The section of this division of this Act
44 43 repealing sections 422.120 through 422.122, being
44 44 deemed of immediate importance, takes effect upon
44 45 enactment and applies retroactively to November 1,
44 46 2008, for refund claims filed on or after that date.
44 47 4. The section of this division of this Act
44 48 relating to property tax exemption filings for
44 49 disaster=impacted property, being deemed of immediate
44 50 importance, takes effect upon enactment.
45 1 5. The section of this division of this Act
45 2 amending section 15E.305, takes effect January 1,
45 3 2010, and applies to the tax years beginning on or
45 4 after that date.
45 5 6. The section of this division of this Act
45 6 amending section 422.88, subsections 2 and 3, applies
45 7 retroactively to January 1, 2009, for tax years
45 8 beginning on or after that date.
45 9 7. The sections of this division of this Act
45 10 amending 2007 Iowa Acts, chapter 186, sections 29 and
45 11 30, being deemed of immediate importance, take effect
45 12 upon enactment.
45 13 8. The sections of this division of this Act
45 14 amending section 15.335, subsection 4, paragraph "b",
45 15 section 15A.9, subsection 8, paragraph "e",
45 16 subparagraph (2), section 422.10, subsection 3,
45 17 unnumbered paragraph 2, section 422.33, subsection 5,
45 18 paragraph "d", unnumbered paragraph 2, being deemed of
45 19 immediate importance, take effect upon enactment and
45 20 apply retroactively to January 1, 2008, for tax years
45 21 beginning on or after that date.
45 22 DIVISION IX
45 23 EDUCATION
45 24 Sec. 148. REGENTS == APPROPRIATIONS. There is
45 25 appropriated from the general fund of the state to the
45 26 state board of regents for the fiscal year beginning
45 27 July 1, 2009, and ending June 30, 2010, the following
45 28 amounts, or so much thereof as may be necessary, to be
45 29 used for the purposes designated:
45 30 1. STATE SCHOOL FOR THE DEAF
45 31 For salaries, support, maintenance, miscellaneous
45 32 purposes:
45 33 .................................................. $ 398,980
45 34 2. IOWA BRAILLE AND SIGHT SAVING SCHOOL
45 35 For salaries, support, maintenance, miscellaneous
45 36 purposes:
45 37 .................................................. $ 624,582
45 38 Sec. 149. DEPARTMENT OF EDUCATION ==
45 39 APPROPRIATION. There is appropriated from the general
45 40 fund of the state to the department of education for
45 41 the fiscal year beginning July 1, 2009, and ending
45 42 June 30, 2010, the following amount, or so much
45 43 thereof as may be necessary, to be used for general
45 44 administration:
45 45 .................................................. $ 167,096
45 46 Sec. 150. EDUCATIONAL EXCELLENCE PROGRAM=RELATED
45 47 APPROPRIATIONS. There is appropriated from the
45 48 general fund of the state to the indicated departments
45 49 and agencies for the fiscal year beginning July 1,
45 50 2009, and ending June 30, 2010, the following amounts,
46 1 or so much thereof as is necessary, to be used for the
46 2 purposes designated:
46 3 1. To the department of human services for
46 4 distribution to its licensed classroom teachers at
46 5 institutions under the control of the department of
46 6 human services based upon the average student yearly
46 7 enrollment at each institution as determined by the
46 8 department of human services:
46 9 .................................................. $ 115,500
46 10 2. To the state board of regents:
46 11 a. For distribution to licensed classroom teachers
46 12 at the Iowa braille and sight saving school and the
46 13 Iowa school for the deaf based upon the average yearly
46 14 enrollment at each school as determined by the state
46 15 board of regents:
46 16 .................................................. $ 94,600
46 17 b. For the Iowa braille and sight saving school:
46 18 .................................................. $ 68,000
46 19 c. For the state school for the deaf:
46 20 .................................................. $ 102,000
46 21 3. To the department of education:
46 22 a. For distribution to the tribal council of the
46 23 Sac and Fox Indian settlement located on land held in
46 24 trust by the secretary of the interior of the United
46 25 States. Moneys allocated under this lettered
46 26 paragraph shall be used for the purposes specified in
46 27 section 256.30:
46 28 .................................................. $ 100,000
46 29 b. For the kindergarten to grade twelve management
46 30 information system:
46 31 .................................................. $ 230,000
46 32 Sec. 151. INTERPRETERS FOR THE DEAF. There is
46 33 appropriated from the general fund of the state to the
46 34 department of education for the fiscal year beginning
46 35 July 1, 2009, and ending June 30, 2010, the following
46 36 amount, or so much thereof as is necessary, to be used
46 37 for the purpose designated:
46 38 For allocation for deaf interpreters for
46 39 arrangements made between the state school for the
46 40 deaf and Iowa western community college due to the
46 41 high numbers of articulation agreements between the
46 42 state school for the deaf and the community college:
46 43 .................................................. $ 200,000
46 44 Sec. 152. CENTER FOR INDEPENDENT LIVING. There is
46 45 appropriated from the general fund of the state to the
46 46 department of education, vocational rehabilitation
46 47 services division, for the fiscal year beginning July
46 48 1, 2009, and ending June 30, 2010, the following
46 49 amount, or so much thereof as is necessary, to be used
46 50 for the purposes designated:
47 1 For costs associated with centers for independent
47 2 living:
47 3 .................................................. $ 50,000
47 4 Sec. 153. 2006 Iowa Acts, chapter 1182, section 1,
47 5 unnumbered paragraph 2, as amended by 2007 Iowa Acts,
47 6 chapter 108, section 59, is amended to read as
47 7 follows:
47 8 For purposes, as provided in law, of the student
47 9 achievement and teacher quality program established
47 10 pursuant to chapter 284:
47 11 FY 2006=2007...................................... $104,343,894
47 12 FY 2007=2008...................................... $173,943,894
47 13 FY 2008=2009...................................... $248,943,894
47 14 249,502,894
47 15 Sec. 154. Section 273.3, Code 2009, is amended by
47 16 adding the following new subsection:
47 17 NEW SUBSECTION. 23. By October 1 of each year,
47 18 submit to the department of education the following
47 19 information:
47 20 a. The contracted salary including bonus wages and
47 21 benefits, annuity payments, or any other benefit for
47 22 the administrators of the area education agency.
47 23 b. The contracted salary and benefits and any
47 24 other expenses related to support for governmental
47 25 affairs efforts, including expenditures for lobbyists
47 26 and lobbying activities for the area education agency.
47 27 Sec. 155. DES MOINES UNIVERSITY == OSTEOPATHIC
47 28 MEDICAL CENTER. For the fiscal year beginning July 1,
47 29 2009, and ending June 30, 2010, the college student
47 30 aid commission shall pay a fee to Des Moines
47 31 university == osteopathic medical center for the
47 32 administration of the initiative in primary health
47 33 care to direct primary care physicians to shortage
47 34 areas in the state. A portion of the fee paid shall
47 35 be based upon the number of physicians recruited in
47 36 accordance with section 261.19, subsection 4.
47 37 However, the fee amount paid shall not exceed $41,862
47 38 for the fiscal year. Such amount shall be subject to
47 39 any budgetary reductions ordered by the governor or
47 40 enacted by the general assembly.
47 41 Sec. 156. EFFECTIVE DATE. The section of this
47 42 division of this Act amending 2006 Iowa Acts, chapter
47 43 1182, being deemed of immediate importance, takes
47 44 effect upon enactment.
47 45 DIVISION X
47 46 JUDICIAL BRANCH == COMMISSION ELECTIONS
47 47 Sec. 157. Section 46.5, unnumbered paragraph 5,
47 48 Code 2009, is amended to read as follows:
47 49 When a vacancy in an office of an elective judicial
47 50 nominating commissioner occurs, the clerk of the
48 1 supreme court state court administrator shall cause to
48 2 be mailed to each member of the bar whose name appears
48 3 on the certified list prepared pursuant to section
48 4 46.8 for the district or districts affected, a notice
48 5 stating the existence of the vacancy, the requirements
48 6 for eligibility, and the manner in which the vacancy
48 7 will be filled. Other items may be included in the
48 8 same mailing if they are on sheets separate from the
48 9 notice. The election of a district judicial
48 10 nominating commissioner or the close of nominations
48 11 for a state judicial nominating commissioner shall not
48 12 occur until thirty days after the mailing of the
48 13 notice.
48 14 Sec. 158. Section 46.7, Code 2009, is amended to
48 15 read as follows:
48 16 46.7 ELIGIBILITY TO VOTE.
48 17 To be eligible to vote in elections of judicial
48 18 nominating commissioners, a member of the bar must be
48 19 eligible to practice and must be a resident of the
48 20 state of Iowa and of the appropriate congressional
48 21 district or judicial election district as shown by the
48 22 member's most recent filing with the supreme court for
48 23 the purposes of showing compliance with the court's
48 24 continuing legal education requirements, or for
48 25 members of the bar eligible to practice who are not
48 26 required to file such compliance, any paper on file by
48 27 July 1 with the clerk of the supreme court state court
48 28 administrator, for the purpose of establishing
48 29 eligibility to vote under this section, which the
48 30 court determines to show the requisite residency
48 31 requirements. A judge who has been admitted to the
48 32 bar of the state of Iowa shall be considered a member
48 33 of the bar.
48 34 Sec. 159. Section 46.8, Code 2009, is amended to
48 35 read as follows:
48 36 46.8 CERTIFIED LIST.
48 37 On July 15 of each Each year the clerk of the
48 38 supreme court state court administrator shall certify
48 39 a list of the names, addresses, and years of admission
48 40 of members of the bar who are eligible to vote for
48 41 state and district judicial nominating commissioners.
48 42 The clerk of the supreme court shall provide a copy of
48 43 the list of the members for a county to the clerk of
48 44 the district court for that county.
48 45 Sec. 160. Section 46.9, Code 2009, is amended by
48 46 striking the section and inserting in lieu thereof the
48 47 following:
48 48 46.9 CONDUCT OF ELECTIONS.
48 49 When an election of judicial nominating
48 50 commissioners is to be held, the state court
49 1 administrator shall administer the voting. The state
49 2 court administrator may administer the voting by
49 3 electronic notification and voting or by paper ballot
49 4 mailed to each eligible attorney. The state court
49 5 administrator shall mail paper ballots to eligible
49 6 attorneys or electronically notify and enable eligible
49 7 attorneys to vote. The elector receiving the most
49 8 votes shall be elected. When more than one
49 9 commissioner is to be elected, the electors receiving
49 10 the most votes shall be elected, in the same number as
49 11 the offices to be filled.
49 12 Sec. 161. Section 46.9A, Code 2009, is amended to
49 13 read as follows:
49 14 46.9A NOTICE PRECEDING NOMINATION OF ELECTIVE
49 15 NOMINATING COMMISSIONERS.
49 16 At least sixty days prior to the expiration of the
49 17 term of an elective state or district judicial
49 18 nominating commissioner, the clerk of the supreme
49 19 court state court administrator shall cause to be
49 20 mailed to each member of the bar whose name appears on
49 21 the certified list prepared pursuant to section 46.8
49 22 for the district or districts affected, a notice
49 23 stating the date the term of office will expire, the
49 24 requirements for eligibility to the office for the
49 25 succeeding term, and the procedure for filing
49 26 nominating petitions, including the last date for
49 27 filing mail paper ballots to eligible attorneys or
49 28 electronically notify and enable eligible attorneys to
49 29 vote. An eligible attorney is a member of the bar
49 30 whose name appears on the certified list prepared
49 31 pursuant to section 46.8 for the district or districts
49 32 affected. Other items may be included in the same
49 33 mailing if they are on sheets separate from the
49 34 notice.
49 35 Sec. 162. Section 46.10, Code 2009, is amended to
49 36 read as follows:
49 37 46.10 NOMINATION OF ELECTIVE NOMINATING
49 38 COMMISSIONERS.
49 39 In order to have an eligible elector's name printed
49 40 on the ballot for state or district judicial
49 41 nominating commissioner, the eligible elector must
49 42 file in the office of the clerk of the supreme court
49 43 state court administrator at least thirty days prior
49 44 to expiration of the period within which the election
49 45 must be held a nominating petition signed by at least
49 46 fifty resident members of the bar of the congressional
49 47 district in case of a candidate for state judicial
49 48 nominating commissioner, or at least ten resident
49 49 members of the bar of the judicial district in case of
49 50 a candidate for district judicial nominating
50 1 commissioner. No member of the bar may sign more
50 2 nominating petitions for state or district judicial
50 3 nominating commissioner than there are such
50 4 commissioners to be elected.
50 5 Ballots or electronic voting forms for state and
50 6 district judicial nominating commissioners shall
50 7 contain blank lines equal to the number of such
50 8 commissioners to be elected, where names may be
50 9 written in.
50 10 Sec. 163. Section 46.11, Code 2009, is amended to
50 11 read as follows:
50 12 46.11 CERTIFICATION OF COMMISSIONERS.
50 13 The governor and the clerk of the supreme court
50 14 state court administrator respectively shall promptly
50 15 certify the names and addresses of appointive and
50 16 elective judicial nominating commissioners to the
50 17 state commissioner of elections and the chairperson of
50 18 the respective nominating commissions.
50 19 Sec. 164. Section 602.6501, subsections 2 and 3,
50 20 Code 2009, are amended to read as follows:
50 21 2. The clerk of the district court state court
50 22 administrator shall maintain a permanent record of the
50 23 name, address, and term of office of each
50 24 commissioner.
50 25 3. A member of a magistrate appointing commission
50 26 shall be reimbursed for actual and necessary expenses
50 27 reasonably incurred in the performance of official
50 28 duties. Reimbursements are payable by the county in
50 29 which the member serves, upon certification of the
50 30 expenses to the county auditor by the clerk of the
50 31 district court chairperson of the commission. The
50 32 district judges of each judicial district may
50 33 prescribe rules for the administration of this
50 34 subsection.
50 35 Sec. 165. Section 602.6503, subsection 3, Code
50 36 2009, is amended to read as follows:
50 37 3. The county auditor shall certify to the clerk
50 38 of the district court state court administrator the
50 39 name, address, and expiration date of term for all
50 40 appointees of the board of supervisors.
50 41 Sec. 166. Section 602.6504, subsections 4 and 5,
50 42 Code 2009, are amended to read as follows:
50 43 4. In order to be placed on the ballot for county
50 44 magistrate appointing commission, an eligible attorney
50 45 elector shall file a nomination petition in the office
50 46 of the clerk of court on or before November 30 of the
50 47 year in which the election for attorney positions is
50 48 to occur state court administrator at least thirty
50 49 days prior to the expiration of the period within
50 50 which the election must be held. This subsection does
51 1 not preclude write=in votes at the time of the
51 2 election.
51 3 5. When an election of magistrate appointing
51 4 commissioners is to be held, the clerk of the district
51 5 court for each county shall cause to be mailed to each
51 6 eligible attorney a ballot that is in substantially
51 7 the following form: state court administrator shall
51 8 administer the election. The state court
51 9 administrator may administer the election by
51 10 electronic notification and voting or by paper ballot
51 11 mailed to each eligible attorney. The state court
51 12 administrator shall mail paper ballots to eligible
51 13 attorneys or electronically notify and enable eligible
51 14 attorneys to vote on or before December 15.
51 15 BALLOT
51 16 County Magistrate Appointing Commission
51 17 To be cast by the resident members of the bar of
51 18 ...... county.
51 19 Vote for (state number) for ...... county judicial
51 20 magistrate appointing commissioner(s) for term
51 21 commencing ......
51 22 ......................
51 23 ......................
51 24 To be counted, this ballot must be completed and
51 25 mailed or delivered to clerk of the district court,
51 26 ........, no later than December 31, ... (year) (or
51 27 the appropriate date in case of an election to fill a
51 28 vacancy).
51 29 Sec. 167. EFFECTIVE DATE. This division of this
51 30 Act takes effect February 10, 2010.
51 31 DIVISION XI
51 32 JUDICIAL OFFICER VACANCIES
51 33 Sec. 168. 2009 Iowa Acts, House File 414, section
51 34 54, is amended to read as follows:
51 35 SEC. 54. JUDICIAL APPOINTMENT == DELAY.
51 36 1. Notwithstanding section 46.12, the chief
51 37 justice may order the state commissioner of elections
51 38 to delay, for up to one hundred eighty days for
51 39 budgetary reasons, the sending of a notification to
51 40 the proper judicial nominating commission that a
51 41 vacancy in the supreme court, court of appeals, or
51 42 district court has occurred or will occur.
51 43 2. Notwithstanding sections 602.6304, 602.7103B,
51 44 and 633.20B, the chief justice may order any county
51 45 magistrate appointing commission to delay, for up to
51 46 one hundred eighty days for budgetary reasons, the
51 47 certification of nominees to the chief judge of the
51 48 judicial district for a district associate judgeship,
51 49 associate juvenile judgeship, or associate probate
51 50 judgeship.
52 1 3. Notwithstanding section 602.6403, subsection 3,
52 2 the chief justice may order any county magistrate
52 3 appointing commission to delay, for up to one hundred
52 4 eighty days for budgetary reasons, the appointment of
52 5 a magistrate to serve the remainder of an unexpired
52 6 term.
52 7 4. The section Subsection 3, relating to
52 8 magistrate vacancies, is applicable for the period
52 9 beginning on the effective date of this section and
52 10 ending June 30, 2009. Subsections 1 and 2 are
52 11 applicable for the period beginning on the effective
52 12 date of this section and ending on June 30, 2010.
52 13 Sec. 169. EFFECTIVE AND RETROACTIVE APPLICABILITY
52 14 DATES. The section of this division of this Act
52 15 amending 2009 Iowa Acts, House File 414, section 54,
52 16 being deemed of immediate importance, takes effect
52 17 upon enactment and is retroactively applicable to
52 18 March 16, 2009.
52 19 DIVISION XII
52 20 CARE OF ANIMALS IN COMMERCIAL
52 21 ESTABLISHMENTS == APPROPRIATION
52 22 Sec. 170. DEPARTMENT OF AGRICULTURE AND LAND
52 23 STEWARDSHIP. There is appropriated from the general
52 24 fund of the state to the department of agriculture and
52 25 land stewardship for the fiscal year beginning July 1,
52 26 2009, and ending June 30, 2010, the following amount,
52 27 or so much thereof as is necessary, to be used for the
52 28 purposes designated:
52 29 For purposes of an inspector for the enforcement of
52 30 chapter 162, including salaries, support, maintenance,
52 31 miscellaneous purposes and for not more than the
52 32 following full=time equivalent position:
52 33 .................................................. $ 100,000
52 34 ............................................... FTEs 1.00
52 35 Sec. 171. Section 162.2, Code 2009, is amended by
52 36 adding the following new subsection:
52 37 NEW SUBSECTION. 8A. "Department" means the
52 38 department of agriculture and land stewardship.
52 39 Sec. 172. Section 162.6, Code 2009, is amended to
52 40 read as follows:
52 41 162.6 COMMERCIAL KENNEL OR PUBLIC AUCTION LICENSE.
52 42 A person shall not operate a commercial kennel or
52 43 public auction unless the person has obtained a
52 44 license to operate a commercial kennel or a public
52 45 auction issued by the secretary or unless the person
52 46 has obtained a certificate of registration issued by
52 47 the secretary if the kennel is federally licensed.
52 48 Application for the license or the certificate shall
52 49 be made in the manner provided by the secretary. The
52 50 license and the certificate expire one year from date
53 1 of issue unless revoked. The license fee is forty
53 2 dollars per year and the certification fee is twenty
53 3 one hundred dollars annually. If the person has
53 4 obtained a federal license, the person need only
53 5 obtain a certificate. The license may be renewed upon
53 6 application and payment of the prescribed fee in the
53 7 manner provided by the secretary if the licensee has
53 8 conformed to all statutory and regulatory
53 9 requirements. The certificate may be renewed upon
53 10 application and payment of the prescribed fee in the
53 11 manner provided by the secretary. A person regulated
53 12 under section 99D.22 is exempt from paying the
53 13 certification fee.
53 14 Sec. 173. Section 162.7, Code 2009, is amended to
53 15 read as follows:
53 16 162.7 DEALER LICENSE.
53 17 A person shall not operate as a dealer unless the
53 18 person has obtained a license issued by the secretary
53 19 or unless the person has obtained a certificate of
53 20 registration issued by the secretary if the kennel is
53 21 federally licensed. Application for the license or
53 22 the certificate shall be made in the manner provided
53 23 by the secretary. The license and certificate expire
53 24 one year from date of issue unless revoked. The
53 25 license fee is one hundred dollars per year and the
53 26 certification fee is twenty one hundred dollars per
53 27 year. The license may be renewed upon application and
53 28 payment of the fee in the manner provided by the
53 29 secretary if the licensee has conformed to all
53 30 statutory and regulatory requirements. The
53 31 certificate may be renewed upon application and
53 32 payment of the fee in the manner provided by the
53 33 secretary. A person regulated under section 99D.22 is
53 34 exempt from paying the certification fee.
53 35 Sec. 174. Section 162.8, Code 2009, is amended to
53 36 read as follows:
53 37 162.8 COMMERCIAL BREEDER'S LICENSE.
53 38 A person shall not operate as a commercial breeder
53 39 unless the person has obtained a license issued by the
53 40 secretary or unless the person has obtained a
53 41 certificate of registration issued by the secretary if
53 42 the kennel is federally licensed. Application for the
53 43 license or the certificate shall be made in the manner
53 44 provided by the secretary. The annual license or the
53 45 certification period expires one year from date of
53 46 issue. The license fee is forty dollars per year and
53 47 the certificate fee is twenty one hundred dollars per
53 48 year. The license may be renewed upon application and
53 49 payment of the prescribed fee in the manner provided
53 50 by the secretary if the licensee has conformed to all
54 1 statutory and regulatory requirements. The
54 2 certificate may be renewed upon application and
54 3 payment of the prescribed fee in the manner provided
54 4 by the secretary. A person regulated under section
54 5 99D.22 is exempt from paying the certification fee.
54 6 Sec. 175. Section 162.11, subsection 2, Code 2009,
54 7 is amended by striking the subsection and inserting in
54 8 lieu thereof the following:
54 9 2. The department shall regulate a person who
54 10 applies for or has been issued a certificate of
54 11 registration as a dealer, commercial breeder,
54 12 commercial kennel, or public auction.
54 13 DIVISION XIII
54 14 DISASTER ASSISTANCE
54 15 Sec. 176. 2009 Iowa Acts, House File 64, section
54 16 1, subsection 2, paragraph b, is amended to read as
54 17 follows:
54 18 b. Forgivable loans awarded after the effective
54 19 date of this division of this Act shall be awarded
54 20 pursuant to the following priorities:
54 21 (1) First priority shall be given to eligible
54 22 residents who have not received any moneys under the
54 23 jumpstart housing assistance program prior to the
54 24 effective date of this division of this Act.
54 25 (2) Second priority shall be given to eligible
54 26 residents who have received less than twenty=four
54 27 thousand nine hundred ninety=nine dollars under the
54 28 jumpstart housing assistance program prior to the
54 29 effective date of this division of this Act.
54 30 (3) Third priority shall be given to eligible
54 31 residents who have received twenty=four thousand nine
54 32 hundred ninety=nine dollars under the jumpstart
54 33 housing assistance program prior to the effective date
54 34 of this division of this Act and who continue to have
54 35 unmet needs for down payment assistance, emergency
54 36 housing repair or rehabilitation, interim mortgage
54 37 assistance, or energy efficiency assistance. An
54 38 eligible resident shall not receive more than an
54 39 additional twenty=four thousand nine hundred
54 40 ninety=nine dollars under this subparagraph.
54 41 Sec. 177. 2009 Iowa Acts, House File 64, section
54 42 4, subsection 1, is amended to read as follows:
54 43 1. There is appropriated from the Iowa economic
54 44 emergency fund created in section 8.55 to the
54 45 department of human services for the fiscal year
54 46 beginning July 1, 2008, and ending June 30, 2009, the
54 47 following amount, or so much thereof as is necessary,
54 48 to be used for the purposes designated:
54 49 For providing individual disaster grants for unmet
54 50 needs pursuant to the requirements in this section:
55 1 .................................................. $ 10,000,000
55 2 6,600,000
55 3 Sec. 178. 2009 Iowa Acts, House File 64, section
55 4 4, subsection 6, is amended to read as follows:
55 5 6. An area long=term disaster committee shall be
55 6 reimbursed for administrative expenses incurred in an
55 7 amount not to exceed three percent of the grant moneys
55 8 awarded for the area pursuant to an intergovernmental
55 9 agreement to be established between the department of
55 10 human services and the agency of record responsible
55 11 for the long=term disaster committee in each area
55 12 unreimbursed grants made to persons for eligible
55 13 expenses authorized in subsection 5, not to exceed two
55 14 thousand five hundred dollars per household, made by a
55 15 committee since September 1, 2008. The department of
55 16 human services shall not be reimbursed for using
55 17 moneys appropriated in this section for administrative
55 18 costs associated with administering the Iowa unmet
55 19 needs disaster grant program.
55 20 Sec. 179. HOMELAND SECURITY AND EMERGENCY
55 21 MANAGEMENT DIVISION == APPROPRIATION.
55 22 1. There is appropriated from the Iowa economic
55 23 emergency fund created in section 8.55 to the
55 24 department of public defense for the homeland security
55 25 and emergency management division for the fiscal year
55 26 beginning July 1, 2008, and ending June 30, 2009, the
55 27 following amount, or so much thereof as is necessary,
55 28 to be used for the purposes designated:
55 29 For distribution to political subdivisions and
55 30 private nonprofit organizations pursuant to this
55 31 section:
55 32 .................................................. $ 2,400,000
55 33 2. The homeland security and emergency management
55 34 division of the department of public defense shall
55 35 distribute moneys appropriated under subsection 1 to
55 36 political subdivisions and private nonprofit
55 37 organizations based on donated resources amounts
55 38 reported by the recipient to the division and the
55 39 federal emergency management agency under the public
55 40 assistance disaster relief program. The division
55 41 shall make distributions equal in amount to forty
55 42 percent of the donated resources amounts reported.
55 43 3. Notwithstanding section 8.33 and section 8.55,
55 44 subsection 3, paragraph "a", moneys appropriated in
55 45 this section that remain unencumbered or unobligated
55 46 at the close of the fiscal year shall not revert but
55 47 shall remain available for expenditure for the
55 48 purposes designated until the close of the succeeding
55 49 fiscal year.
55 50 Sec. 180. REBUILD IOWA OFFICE == APPROPRIATION.
56 1 1. There is appropriated from the Iowa economic
56 2 emergency fund created in section 8.55 to the rebuild
56 3 Iowa office for the fiscal year beginning July 1,
56 4 2008, and ending June 30, 2009, the following amount,
56 5 or so much thereof as is necessary, to be used for the
56 6 purposes designated:
56 7 For distribution to community recovery centers
56 8 pursuant to this section:
56 9 .................................................. $ 1,000,000
56 10 2. The rebuild Iowa office shall distribute the
56 11 moneys appropriated under this section in the form of
56 12 grants to area long=term recovery committees with a
56 13 signed memorandum of understanding with the department
56 14 of human services.
56 15 3. Notwithstanding section 8.33 and section 8.55,
56 16 subsection 3, paragraph "a", moneys appropriated in
56 17 this section that remain unencumbered or unobligated
56 18 at the close of the fiscal year shall not revert but
56 19 shall remain available for expenditure for the
56 20 purposes designated until the close of the succeeding
56 21 fiscal year.
56 22 Sec. 181. EFFECTIVE DATE. This division of this
56 23 Act, being deemed of immediate importance, takes
56 24 effect upon enactment.
56 25 DIVISION XIV
56 26 HEALTH AND HUMAN SERVICES
56 27 Sec. 182. MEDICAID ENTERPRISE STUDY. By July 1,
56 28 2009, the department of human services shall explore
56 29 procuring services incorporating data mining,
56 30 predictive modeling, and data analytics which may
56 31 include automated claims review to address provider
56 32 overpayments, underpayments, and fraud within the Iowa
56 33 Medicaid enterprise for the fiscal period beginning
56 34 July 1, 2006, and ending June 30, 2009. The review
56 35 shall be completed by June 30, 2009, and shall use
56 36 only Iowa specific models, patterns, or trend data.
56 37 The department shall issue a request for proposals to
56 38 competitively procure such services not later than
56 39 July 1, 2009, and shall complete the request for
56 40 proposals process by August 31, 2009.
56 41 Sec. 183. Section 135H.3, Code 2009, is amended by
56 42 adding the following new unnumbered paragraph:
56 43 NEW UNNUMBERED PARAGRAPH. If a child is diagnosed
56 44 with a biologically based mental illness as defined in
56 45 section 514C.22 and meets the medical assistance
56 46 program criteria for admission to a psychiatric
56 47 medical institution for children, the child shall be
56 48 deemed to meet the acuity criteria for inpatient
56 49 benefits under a group policy, contract, or plan
56 50 providing for third=party payment or prepayment of
57 1 health, medical, and surgical coverage benefits issued
57 2 by a carrier, as defined in section 513B.2, or by an
57 3 organized delivery system authorized under 1993 Iowa
57 4 Acts, chapter 158, that is subject to section 514C.22.
57 5 Such benefits shall not be excluded or denied as care
57 6 that is substantially custodial in nature under
57 7 section 514C.22, subsection 8, paragraph "b".
57 8 Sec. 184. NEW SECTION. 514C.24 CANCER TREATMENT
57 9 == COVERAGE.
57 10 1. Notwithstanding the uniformity of treatment
57 11 requirements of section 514C.6, a contract, policy, or
57 12 plan providing for third=party payment or prepayment
57 13 for cancer treatment shall not discriminate between
57 14 coverage benefits for prescribed, orally=administered
57 15 anticancer medication used to kill or slow the growth
57 16 of cancerous cells and intravenously administered or
57 17 injected cancer medications that are covered,
57 18 regardless of formulation or benefit category
57 19 determination by the contract, policy, or plan.
57 20 2. The provisions of this section shall apply to
57 21 all of the following classes of third=party payment
57 22 provider contracts, policies, or plans delivered,
57 23 issued for delivery, continued, or renewed in this
57 24 state on or after July 1, 2009:
57 25 a. Individual or group accident and sickness
57 26 insurance providing coverage on an expense=incurred
57 27 basis.
57 28 b. An individual or group hospital or medical
57 29 service contract issued pursuant to chapter 509, 514,
57 30 or 514A.
57 31 c. An individual or group health maintenance
57 32 organization contract regulated under chapter 514B.
57 33 d. An individual or group Medicare supplemental
57 34 policy, unless coverage pursuant to such policy is
57 35 preempted by federal law.
57 36 e. A plan established pursuant to chapter 509A for
57 37 public employees.
57 38 3. This section shall not apply to accident=only,
57 39 specified disease, short=term hospital or medical,
57 40 hospital confinement indemnity, credit, dental,
57 41 vision, long=term care, basic hospital, and
57 42 medical=surgical expense coverage as defined by the
57 43 commissioner, disability income insurance coverage,
57 44 coverage issued as a supplement to liability
57 45 insurance, workers' compensation or similar insurance,
57 46 or automobile medical payment insurance.
57 47 4. The commissioner of insurance shall adopt rules
57 48 pursuant to chapter 17A as necessary to administer
57 49 this section.
57 50 Sec. 185. 2008 Iowa Acts, chapter 1187, section
58 1 29, is amended by adding the following new unnumbered
58 2 paragraph:
58 3 NEW UNNUMBERED PARAGRAPH. Notwithstanding section
58 4 8.33, moneys appropriated in this section that remain
58 5 unencumbered or unobligated at the close of the fiscal
58 6 year shall not revert but shall remain available for
58 7 expenditure for the purpose designated until the close
58 8 of the fiscal year beginning July 1, 2010.
58 9 Sec. 186. 2009 Iowa Acts, House File 811, section
58 10 40, subsection 2, if enacted, is amended to read as
58 11 follows:
58 12 2. The study committee shall consist of members of
58 13 the general assembly, and representatives of the
58 14 department of public health, the Iowa pharmacy
58 15 association, the Iowa medical society, the Iowa nurses
58 16 association, wellmark blue cross blue shield, the
58 17 principal financial group, the federation of Iowa
58 18 insurers, the university of Iowa college of public
58 19 health, the Iowa retail federation, the prevention and
58 20 chronic care management advisory council established
58 21 in section 135.161, the medical home system advisory
58 22 council established in section 135.159, the Iowa
58 23 healthcare collaborative, as defined in section
58 24 135.40, the health policy corporation of Iowa, and the
58 25 Iowa foundation for medical care.
58 26 Sec. 187. EFFECTIVE DATE.
58 27 1. The section of this division of this Act
58 28 relating to a Medicaid enterprise study, being deemed
58 29 of immediate importance, takes effect upon enactment.
58 30 2. The section of this division of this Act
58 31 amending 2008 Iowa Acts, chapter 1187, section 29,
58 32 being deemed of immediate importance, takes effect
58 33 upon enactment.
58 34 DIVISION XV
58 35 ECONOMIC DEVELOPMENT == WORKFORCE DEVELOPMENT
58 36 Sec. 188. DISASTER ASSISTANCE LOAN AND CREDIT
58 37 GUARANTEE PROGRAM.
58 38 1. The department of economic development shall
58 39 establish and administer a disaster assistance loan
58 40 and credit guarantee program by investing the assets
58 41 of the disaster assistance loan and credit guarantee
58 42 fund in order to provide loan and credit guarantees to
58 43 all of the following qualifying businesses:
58 44 a. Businesses directly impacted by a natural
58 45 disaster occurring after May 24, 2008, and before
58 46 August 14, 2008.
58 47 b. Businesses either locating an existing business
58 48 or starting a new business in a disaster=impacted
58 49 space in an area which was declared a natural disaster
58 50 area by the president of the United States due to a
59 1 natural disaster occurring after May 24, 2008, and
59 2 before August 14, 2008. For purposes of this
59 3 paragraph, "disaster=impacted space" means a building
59 4 damaged by a natural disaster occurring after May 24,
59 5 2008, and before August 14, 2008, including undamaged
59 6 upper floors of a building that was damaged by the
59 7 natural disaster.
59 8 c. Businesses filling a critical community need in
59 9 conformance with the comprehensive plan of the city as
59 10 determined by resolution of the city council of the
59 11 city in which the business is located. For purposes
59 12 of this paragraph, a business shall be deemed to be
59 13 located in a city if it is located within two miles of
59 14 the city limits.
59 15 2. a. The department, pursuant to agreements with
59 16 financial institutions, shall provide loan and credit
59 17 guarantees to qualifying businesses described in
59 18 subsection 1. A loan or credit guarantee under the
59 19 program shall not exceed ten percent of the loan
59 20 amount or twenty=five thousand dollars, whichever is
59 21 less. Not more than one loan or credit guarantee
59 22 shall be awarded per federal employer identification
59 23 number.
59 24 b. A loan or credit guarantee provided under the
59 25 program may stand alone or may be used in conjunction
59 26 with or to enhance other loan or credit guarantees
59 27 offered by a financial institution. The department
59 28 may purchase insurance to cover defaulted loans
59 29 meeting the requirements of the program. However, the
59 30 department shall not in any manner directly or
59 31 indirectly pledge the credit of the state.
59 32 c. Eligible project costs include expenditures for
59 33 productive equipment and machinery, land and real
59 34 estate, working capital for operations, research and
59 35 development, marketing, engineering and architectural
59 36 fees, and such other costs as the department may so
59 37 designate.
59 38 d. A loan or credit guarantee under the program
59 39 shall not be used for purposes of debt refinancing.
59 40 3. Each participating financial institution shall
59 41 identify and underwrite potential lending
59 42 opportunities with qualifying businesses. Upon a
59 43 determination by a participating financial institution
59 44 that a qualifying business meets the underwriting
59 45 standards of the financial institution, subject to the
59 46 approval of a loan or credit guarantee, the financial
59 47 institution shall submit the underwriting information
59 48 and a loan or credit guarantee application to the
59 49 department.
59 50 4. Upon approval of a loan or credit guarantee,
60 1 the department shall enter into a loan or credit
60 2 guarantee agreement with the participating financial
60 3 institution. The agreement shall specify all of the
60 4 following:
60 5 a. The fee to be charged to the financial
60 6 institution.
60 7 b. The evidence of debt assurance of, and security
60 8 for, the loan or credit guarantee.
60 9 c. A loan or credit guarantee that does not exceed
60 10 fifteen years.
60 11 d. Any other terms and conditions considered
60 12 necessary or desirable by the department.
60 13 e. That the loan or credit guarantee does not
60 14 invoke or pledge the credit or the taxing power of the
60 15 state and that any claim made pursuant to the loan or
60 16 credit guarantee shall be limited to the terms and
60 17 amount of the loan or credit guarantee and to the
60 18 moneys in the disaster assistance loan and credit
60 19 guarantee fund.
60 20 5. The department shall charge a nonrefundable
60 21 application fee for each application under the
60 22 program. The department shall include the fee
60 23 information in the application materials. The fee is
60 24 payable upon submission of an application for a loan
60 25 or credit guarantee from a financial institution or a
60 26 qualifying business. The application fee shall be not
60 27 less than five hundred dollars and not more than one
60 28 thousand dollars. Moneys received from fees are
60 29 appropriated to the department for purposes of
60 30 administering this section.
60 31 6. The department may adopt loan and credit
60 32 guarantee application procedures that allow a
60 33 qualifying business to apply directly to the
60 34 department for a preliminary guarantee commitment. A
60 35 preliminary guarantee commitment may be issued by the
60 36 department subject to the qualifying business securing
60 37 a commitment for financing from a financial
60 38 institution. The application procedures shall specify
60 39 the process by which a financial institution may
60 40 obtain a final loan or credit guarantee.
60 41 7. a. A disaster assistance loan and credit
60 42 guarantee fund is created and established as a
60 43 separate and distinct fund in the state treasury.
60 44 Moneys in the fund shall only be used for purposes
60 45 provided in this section. The moneys in the fund are
60 46 appropriated to the department to be used for all of
60 47 the following purposes:
60 48 (1) Payment of claims pursuant to loan and credit
60 49 guarantee agreements entered into under this section.
60 50 (2) Payment of administrative costs of the
61 1 department for actual and necessary administrative
61 2 expenses incurred by the department in administering
61 3 the disaster assistance loan and credit guarantee
61 4 program.
61 5 (3) Purchase or buyout of superior or prior liens,
61 6 mortgages, or security interests.
61 7 (4) Purchase of insurance to cover the default of
61 8 loans made pursuant to the requirements of the
61 9 disaster assistance loan and credit guarantee program.
61 10 b. Moneys in the disaster assistance loan and
61 11 credit guarantee fund shall consist of all of the
61 12 following:
61 13 (1) Moneys appropriated by the general assembly
61 14 for that purpose and any other moneys available to and
61 15 obtained or accepted by the department for placement
61 16 in the fund.
61 17 (2) Proceeds from collateral assigned to the
61 18 department, fees for guarantees, gifts, and moneys
61 19 from any grant made to the fund by any federal agency.
61 20 c. Moneys in the fund are not subject to section
61 21 8.33. Notwithstanding section 12C.7, interest or
61 22 earnings on the moneys in the fund shall be credited
61 23 to the fund.
61 24 d. (1) The department shall only pledge moneys in
61 25 the disaster assistance loan and credit guarantee fund
61 26 and not any other moneys under the control of the
61 27 department. In a fiscal year, the department may
61 28 pledge an amount not to exceed the total amount
61 29 appropriated to the fund for the same fiscal year to
61 30 assure the repayment of loan and credit guarantees or
61 31 other extensions of credit made to or on behalf of
61 32 qualified businesses for eligible project costs.
61 33 (2) The department shall not pledge the credit or
61 34 taxing power of this state or any political
61 35 subdivision of this state or make debts payable out of
61 36 any moneys except for those in the disaster assistance
61 37 loan and credit guarantee fund.
61 38 8. For purposes of this section, "financial
61 39 institution" means a bank incorporated pursuant to
61 40 chapter 524 or a credit union organized pursuant to
61 41 chapter 533.
61 42 9. For the fiscal year beginning July 1, 2008, and
61 43 ending June 30, 2009, the Iowa power fund board may
61 44 allocate up to $1.8 million for purposes of the
61 45 disaster assistance loan and credit guarantee fund.
61 46 Sec. 189. JOB TRAINING INTERIM STUDY COMMITTEE.
61 47 1. The legislative council shall establish a job
61 48 training interim study committee to examine job
61 49 training issues during the 2009 legislative interim
61 50 period.
62 1 2. The study committee shall examine and make
62 2 recommendations concerning job training needs in Iowa.
62 3 The study committee shall focus on job training
62 4 mechanisms that provide services to underserved
62 5 populations in Iowa. Underserved populations include
62 6 people making less than twenty thousand dollars per
62 7 year, minorities, women, persons with disabilities,
62 8 the elderly, and people convicted of felonies trying
62 9 to re=enter society after release from prison.
62 10 3. The legislative council shall consider
62 11 providing funding for the hiring of a private
62 12 consultant to identify duplicative programs that
62 13 contribute to the fragmentation of job training
62 14 efforts. The study committee shall make
62 15 recommendations for the removal of any such
62 16 duplicative programs.
62 17 4. The committee shall submit a report to the
62 18 general assembly.
62 19 Sec. 190. Section 15.421, subsection 2, Code 2009,
62 20 is amended by adding the following new paragraph:
62 21 NEW PARAGRAPH. c. The directors of the department
62 22 of economic development and the department of
62 23 workforce development, or their designees, shall serve
62 24 as nonvoting, ex officio members.
62 25 Sec. 191. Section 15.421, subsection 4, Code 2009,
62 26 is amended by striking the subsection and inserting in
62 27 lieu thereof the following:
62 28 4. a. The chairperson and vice chairperson of the
62 29 commission shall be selected by the governor and shall
62 30 serve at the pleasure of the governor.
62 31 b. An executive council of the commission shall
62 32 consist of the chairperson and vice chairperson, and
62 33 three members elected by the commission on an annual
62 34 basis. The executive council shall meet on a monthly
62 35 basis.
62 36 Sec. 192. Section 15.421, subsection 5, paragraphs
62 37 b and c, Code 2009, are amended to read as follows:
62 38 b. Advise and assist the department state agencies
62 39 in activities designed to retain and attract the young
62 40 adult population.
62 41 c. Develop and make available best practices
62 42 guidelines for employers to retain and attract and
62 43 retain young adult employees.
62 44 Sec. 193. Section 15.421, subsection 5, Code 2009,
62 45 is amended by adding the following new paragraph:
62 46 NEW PARAGRAPH. d. Conduct meetings on at least a
62 47 bimonthly basis.
62 48 Sec. 194. NEW SECTION. 15E.70 FINANCIAL
62 49 STATEMENTS == AUDITOR OF STATE.
62 50 By July 1 of each year, the Iowa fund of funds, the
63 1 Iowa capital investment corporation, and designated
63 2 investors shall submit a financial statement for the
63 3 previous calendar year to the auditor of state.
63 4 Sec. 195. 2008 Iowa Acts, chapter 1178, section
63 5 18, is amended by adding the following new subsection:
63 6 NEW SUBSECTION. 7. Notwithstanding section 8.33,
63 7 moneys appropriated in this section that remain
63 8 unencumbered or unobligated at the close of the fiscal
63 9 year shall not revert but shall remain available for
63 10 expenditure for the purposes designated until the
63 11 close of the succeeding fiscal year.
63 12 Sec. 196. 2009 Iowa Acts, Senate File 469, section
63 13 15, subsection 2, unnumbered paragraph 2, if enacted,
63 14 is amended to read as follows:
63 15 The division of workers' compensation shall
63 16 continue charging charge a $65 $100 filing fee for
63 17 workers' compensation cases. The filing fee shall be
63 18 paid by the petitioner of a claim. However, the fee
63 19 can be taxed as a cost and paid by the losing party,
63 20 except in cases where it would impose an undue
63 21 hardship or be unjust under the circumstances. The
63 22 moneys generated by the filing fee allowed under this
63 23 subsection are appropriated to the department of
63 24 workforce development to be used for purposes of
63 25 administering the division of workers' compensation.
63 26 Sec. 197. EFFECTIVE DATE.
63 27 1. The section of this division of this Act
63 28 amending 2008 Iowa Acts, chapter 1178, section 18,
63 29 being deemed of immediate importance, takes effect
63 30 upon enactment.
63 31 2. The section of this division of this Act
63 32 creating the disaster assistance loan and credit
63 33 guarantee program, being deemed of immediate
63 34 importance, takes effect upon enactment.
63 35 DIVISION XVI
63 36 CONTRACTOR REGISTRATION
63 37 Sec. 198. Section 91C.4, Code 2009, is amended to
63 38 read as follows:
63 39 91C.4 FEES
63 40 The labor commissioner shall prescribe the fee for
63 41 registration, which fee shall not exceed twenty=five
63 42 fifty dollars every two years year. All fees
63 43 collected shall be deposited in the general fund of
63 44 the state.
63 45 Sec. 199. Section 91C.7, subsection 2, paragraph
63 46 b, Code 2009, is amended to read as follows:
63 47 b. An out=of=state contractor may file a blanket
63 48 bond in an amount at least equal to fifty thousand
63 49 dollars for the registration a two=year period
63 50 established under section 91C.4 in lieu of filing an
64 1 individual bond for each contract. The division of
64 2 labor services of the department of workforce
64 3 development may increase the bond amount after a
64 4 hearing.
64 5 Sec. 200. NEW SECTION. 91C.9 REGISTRATION FUND.
64 6 1. A contractor registration revolving fund is
64 7 created in the state treasury. The revolving fund
64 8 shall be administered by the commissioner and shall
64 9 consist of moneys collected by the commissioner as
64 10 fees. The commissioner shall remit all fees collected
64 11 pursuant to this chapter to the revolving fund. The
64 12 moneys in the revolving fund are appropriated to and
64 13 shall be used by the commissioner to pay the actual
64 14 costs and expenses necessary to perform the duties of
64 15 the commissioner and the division of labor as
64 16 described in this chapter. All salaries and expenses
64 17 properly chargeable to the revolving fund shall be
64 18 paid from the revolving fund.
64 19 2. Section 8.33 does not apply to any moneys in
64 20 the revolving fund. Notwithstanding section 12C.7,
64 21 subsection 2, earnings or interest on moneys deposited
64 22 in the fund shall be credited to the revolving fund.
64 23 Sec. 201. EMERGENCY RULES. The commissioner may
64 24 adopt emergency rules under section 17A.4, subsection
64 25 3, and section 17A.5, subsection 2, paragraph "b", to
64 26 implement the provisions of this Act amending chapter
64 27 91C, and the rules shall be effective immediately upon
64 28 filing unless a later date is specified in the rules.
64 29 Any rules adopted in accordance with this section
64 30 shall also be published as a notice of intended action
64 31 as provided in section 17A.4.
64 32 Sec. 202. REGISTRATION FUND == CASH FLOW.
64 33 Notwithstanding contrary provisions of section 89.8,
64 34 and of section 91C.9 as enacted in this Act, for the
64 35 fiscal year beginning July 1, 2009, and ending June
64 36 30, 2010, the commissioner may allocate, for cash flow
64 37 purposes, up to one hundred thousand dollars from
64 38 moneys in the boiler and pressure vessel safety
64 39 revolving fund created in section 89.8, to the
64 40 contractor registration revolving fund created in
64 41 section 91C.9 as enacted in this Act, provided that
64 42 such moneys are returned to the boiler and pressure
64 43 vessel safety revolving fund by June 30, 2010.
64 44 DIVISION XVII
64 45 CHILD CARE REGULATORY FEE
64 46 Sec. 203. NEW SECTION. 237A.4A CHILD CARE
64 47 REGULATORY FEE == CHILD CARE FACILITY FUND.
64 48 1. a. The department shall implement a regulatory
64 49 fee for licensure of child care facilities. The fee
64 50 requirements shall provide for tiered amounts based
65 1 upon a child care facility's capacity and a child
65 2 development home's regulatory category at the time of
65 3 licensure.
65 4 b. The regulatory fee for centers shall not exceed
65 5 one hundred fifty dollars.
65 6 c. The regulatory fee for category "A" and "B"
65 7 child development homes shall not exceed one hundred
65 8 fifty dollars and the fee for category "C" child
65 9 development homes shall not exceed one hundred
65 10 eighty=seven dollars.
65 11 d. The department shall adopt rules for
65 12 implementation of the fee.
65 13 2. Regulatory fees collected shall augment
65 14 existing funding for regulation of child care
65 15 facilities in order to phase in annual inspections of
65 16 child development homes and improve inspections of
65 17 child care centers. The department shall not supplant
65 18 existing funding for regulation of child care with
65 19 funding derived from the regulatory fee. The
65 20 department shall seek to meet the following target
65 21 percentages of the total number of child development
65 22 homes in the state inspected annually in phasing in
65 23 the annual inspection of all child development homes:
65 24 a. For the fiscal year beginning July 1, 2009,
65 25 twenty percent.
65 26 b. For the fiscal year beginning July 1, 2010,
65 27 forty percent.
65 28 c. For the fiscal year beginning July 1, 2011,
65 29 sixty percent.
65 30 d. For the fiscal year beginning July 1, 2012,
65 31 eighty percent.
65 32 e. For the fiscal year beginning July 1, 2013, and
65 33 succeeding fiscal years, one hundred percent.
65 34 3. a. In phasing in the inspection of child
65 35 development homes, the department shall give priority
65 36 to child development homes that have recently become
65 37 licensed and have paid the regulatory fee implemented
65 38 pursuant to this section.
65 39 b. The results of an inspection of a child care
65 40 facility shall be made publicly available on the
65 41 internet page or site implemented by the department in
65 42 accordance with section 237A.25 and through other
65 43 means.
65 44 4. The target time frame for the department's
65 45 issuance of the report concerning an inspection or
65 46 other regulatory visit to a child care facility is
65 47 sixty calendar days.
65 48 5. A child care facility fund is created in the
65 49 state treasury under the authority of the department.
65 50 The fund is separate from the general fund of the
66 1 state. Regulatory fees collected under subsection 1
66 2 shall be credited to the fund. Moneys credited to the
66 3 fund shall not revert to any other fund and are not
66 4 subject to transfer except as specifically provided by
66 5 law. Notwithstanding section 12C.7, subsection 2,
66 6 interest or earnings on moneys deposited in the fund
66 7 shall be credited to the fund. Moneys in the fund are
66 8 annually appropriated to the department to be used for
66 9 staffing dedicated to monitoring and regulation of
66 10 child care facilities, contracting, related technology
66 11 costs, record checks, grants and fee waivers, and
66 12 other expenses for inspection and regulation of child
66 13 care facilities. Any full=time equivalent positions
66 14 paid for out of the fund shall be in addition to other
66 15 such positions authorized for the department.
66 16 Sec. 204. Section 237A.5, subsection 2, paragraphs
66 17 b and c, Code 2009, are amended to read as follows:
66 18 b. If an individual person subject to a record
66 19 check is being considered for employment by a child
66 20 care facility or child care home provider, in lieu of
66 21 requesting a record check in this state to be
66 22 conducted by the department under paragraph "c", the
66 23 child care facility or child care home may access the
66 24 single contact repository established pursuant to
66 25 section 135C.33 as necessary to conduct a criminal and
66 26 child abuse record check of the individual in this
66 27 state. A copy of the results of the record check
66 28 conducted through the single contact repository shall
66 29 also be provided to the department. If the record
66 30 check indicates the individual is a person subject to
66 31 an evaluation, the child care facility or child care
66 32 home may request that the department perform an
66 33 evaluation as provided in this subsection. Otherwise,
66 34 the individual shall not be employed by the child care
66 35 facility or child care home.
66 36 c. Unless a record check has already been
66 37 conducted in accordance with paragraph "b", the
66 38 department shall conduct a criminal and child abuse
66 39 record check in this state for a person who is subject
66 40 to a record check and may conduct such a check in
66 41 other states. In addition, the department may conduct
66 42 a dependent adult abuse, sex offender registry, or
66 43 other public or civil offense record check in this
66 44 state or in other states for a person who is subject
66 45 to a record check.
66 46 cc. (1) For a person subject to a record check,
66 47 in addition to any other record check conducted
66 48 pursuant to this subsection, the person's fingerprints
66 49 shall be provided to the department of public safety
66 50 for submission through the state criminal history
67 1 repository to the United States department of justice,
67 2 federal bureau of investigation for a national
67 3 criminal history check. The national criminal history
67 4 check shall be repeated every four years.
67 5 (2) Except as otherwise provided by law, the cost
67 6 of a national criminal history check conducted in
67 7 accordance with subparagraph (1) and the state record
67 8 checks conducted in accordance with paragraph "c" that
67 9 are conducted in connection with a person's
67 10 involvement with a child care center are not the
67 11 responsibility of the department. The department is
67 12 responsible for the cost of such checks conducted in
67 13 connection with a person's involvement with a child
67 14 development home or child care home.
67 15 (3) If record checks under paragraph "b" or "c"
67 16 have been conducted on a person subject to a record
67 17 check and the results do not warrant prohibition of
67 18 the person's involvement with child care or otherwise
67 19 present protective concerns, the person may be
67 20 involved with child care on a provisional basis until
67 21 the record check under subparagraph (1) has been
67 22 completed.
67 23 (4) For the period beginning July 1, 2009, and
67 24 ending June 30, 2013:
67 25 (a) The requirement in subparagraph (1) shall only
67 26 apply to owners and employees of licensed child care
67 27 centers and licensed child development homes and is
67 28 applicable beginning on and after January 1, 2010, at
67 29 the time of initial application for or renewal of a
67 30 center's or home's license and the cost provisions of
67 31 subparagraph (2) are applicable to owners and
67 32 employees of centers beginning at the same time.
67 33 (b) Except for child development home providers
67 34 who voluntarily license and are addressed by
67 35 subparagraph division (a), and child development home
67 36 providers participating in the child care quality
67 37 rating system at a level under which national records
67 38 checks are required in accordance with departmental
67 39 rule, the national record check requirement in
67 40 subparagraph (1) is not applicable in connection with
67 41 a child development home or child care home throughout
67 42 the period.
67 43 (c) This subparagraph (4) is repealed on July 1,
67 44 2013.
67 45 ccc. (1) If a record check performed pursuant to
67 46 this paragraph subsection identifies an individual as
67 47 a person subject to an evaluation, an evaluation shall
67 48 be performed to determine whether prohibition of the
67 49 person's involvement with child care is warranted.
67 50 The evaluation shall be performed in accordance with
68 1 procedures adopted for this purpose by the department.
68 2 (2) Prior to performing an evaluation, the
68 3 department shall notify the affected person, licensee,
68 4 registrant, or child care home applying for or
68 5 receiving public funding for providing child care,
68 6 that an evaluation will be conducted to determine
68 7 whether prohibition of the person's involvement with
68 8 child care is warranted.
68 9 Sec. 205. IMPLEMENTATION.
68 10 1. The department of human services shall adopt
68 11 administrative rules to begin implementation of the
68 12 regulatory fee authorized to be imposed by this
68 13 division of this Act on or after January 1, 2010.
68 14 2. It is the intent of the general assembly to
68 15 enact required licensure of child development homes
68 16 commencing on July 1, 2013, and for the licensure
68 17 requirement to provide exemptions for child care
68 18 provided by a relative to only related children, a
68 19 person providing before or after school child care
68 20 without charge to only children of friends or
68 21 neighbors, or a person providing child care to only
68 22 children from a single unrelated family. Beginning on
68 23 the effective date of this division of this Act, the
68 24 department of human services shall begin transition
68 25 activities for such implementation of child
68 26 development home licensure. The transition activities
68 27 may include all of the following:
68 28 a. Implementation of an ongoing public awareness
68 29 campaign to inform child care providers and consumers
68 30 of child care services of the intended licensure
68 31 requirement.
68 32 b. Implementation of a voluntary child development
68 33 home licensing program on or after July 1, 2010. The
68 34 department shall adopt rules for the voluntary
68 35 program. The rules may include but are not limited to
68 36 provisions to limit the number of voluntary licensure
68 37 applications accepted as necessary to limit related
68 38 expenditures within the funding available. The rules
68 39 shall address all qualification levels of providers
68 40 who apply for licensure under the voluntary program.
68 41 However, a prelicensure inspection shall not be
68 42 required for initial licensure of a child development
68 43 home provider who meets all of the following
68 44 requirements:
68 45 (1) The provider's registration is in good
68 46 standing at the time of application for a license.
68 47 (2) The provider has a rating of 3, 4, or 5 under
68 48 the child care quality rating system implemented
68 49 pursuant to section 237A.30 as of the application
68 50 date. The provider must either maintain or achieve a
69 1 higher rating, throughout the period of voluntary
69 2 licensure.
69 3 (3) The provider has passed a registration
69 4 compliance check by the department or achieved a
69 5 rating specified in subparagraph (2) within the
69 6 two=year period preceding the application date.
69 7 c. Any cost savings realized by the department
69 8 during the transition period due to licensed child
69 9 care centers or their employees assuming
69 10 responsibility for the cost of required record checks
69 11 in place of the department shall be transferred to the
69 12 child care facility fund created by this division of
69 13 this Act.
69 14 d. The department, in collaboration with
69 15 representatives of the community empowerment
69 16 initiative, the state child care advisory council, the
69 17 early childhood Iowa council, child care providers
69 18 active with the Iowa affiliate of the American
69 19 federation of state, county, and municipal employees,
69 20 and others involved with early care, shall develop a
69 21 plan for creating sustainable funding sources to
69 22 support home=based child care providers in meeting the
69 23 intended child development home licensing requirement.
69 24 The plan shall be submitted to the governor and
69 25 general assembly on or before December 15, 2010.
69 26 DIVISION XVIII
69 27 AUTOMOBILE RACETRACK FACILITIES
69 28 Sec. 206. Section 423.4, subsection 5, paragraph
69 29 a, subparagraphs (2), (3), and (4), Code 2009, are
69 30 amended to read as follows:
69 31 (2) "Change of control" means any of the
69 32 following:
69 33 (a) Any change in the ownership of the original or
69 34 any subsequent legal entity that is the owner or
69 35 operator of the automobile racetrack facility such
69 36 that at least sixty less than twenty=five percent of
69 37 the equity interests in the legal entity cease to be
69 38 is owned by individuals who are residents of Iowa, an
69 39 Iowa corporation, or combination of both.
69 40 (b) The original owners of the legal entity that
69 41 is the owner or operator of the automobile racetrack
69 42 facility shall collectively cease to own more than
69 43 fifty at least twenty=five percent of the voting
69 44 equity interests of such legal entity or shall
69 45 otherwise cease to have effective control of such
69 46 legal entity.
69 47 (3) "Iowa corporation" means a corporation
69 48 incorporated under the laws of Iowa where at least
69 49 sixty twenty=five percent of the corporation's equity
69 50 interests are owned by individuals who are residents
70 1 of Iowa.
70 2 (4) "Owner or operator" means a for=profit legal
70 3 entity where at least sixty twenty=five percent of its
70 4 equity interests are owned by individuals who are
70 5 residents of Iowa, an Iowa corporation, or combination
70 6 of both and that is the owner or operator of an
70 7 automobile racetrack facility and is primarily a
70 8 promoter of motor vehicle races.
70 9 Sec. 207. Section 423.4, subsection 5, paragraph
70 10 c, subparagraph (4), Code 2009, is amended to read as
70 11 follows:
70 12 (4) Notwithstanding subparagraph (3), the rebate
70 13 of sales tax shall cease for transactions occurring on
70 14 or after the date of the sale or other transfer,
70 15 whether voluntarily or involuntarily, of the
70 16 automobile racetrack facility to a party other than
70 17 the original owner of the facility or upon a change of
70 18 control of such the automobile racetrack facility.
70 19 DIVISION XIX
70 20 HUNTING
70 21 Sec. 208. Section 481A.21, Code 2009, is amended
70 22 to read as follows:
70 23 481A.21 BIRDS AS TARGETS.
70 24 A person shall not keep or use any live pigeon or
70 25 other bird as a target, to be shot at for amusement or
70 26 as a test of skill in marksmanship, or shoot at a bird
70 27 kept or used for such purpose, or be a party to such
70 28 shooting, or lease any building, room, field, or
70 29 premises, or knowingly permit the use thereof, for the
70 30 purpose of such shooting. This section does not
70 31 prevent any person from shooting at live pigeons,
70 32 sparrows, and starlings when used in the training of
70 33 hunting dogs. This section does not prevent any
70 34 person from shooting at a bird that is released a
70 35 minimum of fifty yards from that person on a licensed
70 36 hunting preserve.
70 37 Sec. 209. Section 483A.1, subsection 1, paragraphs
70 38 b and d, Code 2009, are amended to read as follows:
70 39 b. Fishing license, lifetime, sixty=five
70 40 sixty=seven years or older ......................... $ 50.50
70 41 d. Hunting license, lifetime, sixty=five
70 42 sixty=seven years or older ......................... $ 50.50
70 43 Sec. 210. Section 483A.1, subsection 2, Code 2009,
70 44 is amended to read as follows:
70 45 2. Nonresidents:
70 46 a. Fishing license, annual .................... $ 39.00
70 47 49.50
70 48 b. Fishing license, seven=day ................. $ 30.00
70 49 35.50
70 50 c. Hunting license, eighteen years of
71 1 age or older ...................................... $ 80.00
71 2 110.00
71 3 d. Hunting license, under eighteen
71 4 years of age ...................................... $ 30.00
71 5 e. Deer hunting license, antlered or
71 6 any sex deer ...................................... $ 220.00
71 7 295.00
71 8 f. Deer hunting license, antlerless
71 9 deer only, required with the purchase of
71 10 an antlered or any sex deer hunting license ....... $ 100.00
71 11 125.00
71 12 g. Deer hunting license, antlerless
71 13 deer only ......................................... $ 150.00
71 14 225.00
71 15 h. Holiday deer hunting license issued
71 16 under section 483A.8, subsection 6,
71 17 antlerless deer only .............................. $ 75.00
71 18 h. i. Wild turkey hunting license ............. $ 100.00
71 19 125.00
71 20 i. j. Fur harvester license ................... $ 200.00
71 21 275.00
71 22 j. k. Fur dealer license ...................... $ 501.00
71 23 k. l. Location permit for fur dealers ......... $ 56.00
71 24 l. m. Aquaculture unit license ................ $ 56.00
71 25 m. n. Retail bait dealer license or the
71 26 amount for the same type of license in the
71 27 nonresident's state, whichever is greater ......... $ 125.00
71 28 n. o. Trout fishing fee ....................... $ 13.00
71 29 17.50
71 30 o. p. Game breeder license .................... $ 26.00
71 31 p. q. Taxidermy license ....................... $ 26.00
71 32 q. r. Falconry license ........................ $ 26.00
71 33 r. s. Wildlife habitat fee .................... $ 11.00
71 34 s. t. Migratory game bird fee ................. $ 8.00
71 35 11.50
71 36 t. u. Fishing license, three=day .............. $ 15.50
71 37 21.00
71 38 u. v. Wholesale bait dealer license
71 39 or the amount for the same type of license
71 40 in the nonresident's state, whichever
71 41 is greater ........................................ $ 250.00
71 42 v. w. Fishing license, one=day ................ $ 8.50
71 43 10.00
71 44 Sec. 211. Section 483A.8, subsection 6, Code 2009,
71 45 is amended to read as follows:
71 46 6. The commission shall provide by rule for the
71 47 annual issuance to a nonresident of a nonresident
71 48 antlerless deer hunting license that is valid for use
71 49 only during the period beginning on December 24 and
71 50 ending at sunset on January 2 of the following year,
72 1 and costs fifty seventy=five dollars. A nonresident
72 2 hunting deer with a license issued under this
72 3 subsection shall be otherwise qualified to hunt deer
72 4 in this state and shall have a nonresident hunting
72 5 license, pay the wildlife habitat fee, and pay the one
72 6 dollar fee for the purpose of deer herd population
72 7 management as provided in subsection 3. Pursuant to
72 8 this subsection, the commission shall make available
72 9 for issuance only the remaining nonresident antlerless
72 10 deer hunting licenses allocated under subsection 3
72 11 that have not yet been issued for the current year's
72 12 nonresident antlerless deer hunting seasons.
72 13 Sec. 212. EFFECTIVE DATE. This division of this
72 14 Act, being deemed of immediate importance, takes
72 15 effect upon enactment.
72 16 DIVISION XX
72 17 NONPROFIT YOUTH ATHLETIC GROUPS
72 18 Sec. 213. Section 423.3, subsection 78, Code 2009,
72 19 is amended to read as follows:
72 20 78. a. The sales price from sales or rental of
72 21 tangible personal property, or services rendered by
72 22 any entity where the profits from the sales or rental
72 23 of the tangible personal property, or services
72 24 rendered, are used by or donated to a nonprofit entity
72 25 which that is exempt from federal income taxation
72 26 pursuant to section 501(c)(3) of the Internal Revenue
72 27 Code, a government entity, or a nonprofit private
72 28 educational institution, and where the entire proceeds
72 29 from the sales, rental, or services are expended for
72 30 any of the following purposes:
72 31 a. (1) Educational.
72 32 b. (2) Religious.
72 33 c. (3) Charitable. A charitable act is an act
72 34 done out of goodwill, benevolence, and a desire to add
72 35 to or to improve the good of humankind in general or
72 36 any class or portion of humankind, with no pecuniary
72 37 profit inuring to the person performing the service or
72 38 giving the gift.
72 39 b. For purposes of this exemption, an organization
72 40 that meets the requirements of paragraph "a" and which
72 41 is created for the sole or primary purpose of
72 42 providing athletic activities to youth shall be
72 43 considered created for an educational purpose.
72 44 c. This exemption does not apply to the sales
72 45 price from games of skill, games of chance, raffles,
72 46 and bingo games as defined in chapter 99B. This
72 47 exemption is disallowed on the amount of the sales
72 48 price only to the extent the profits from the sales,
72 49 rental, or services are not used by or donated to the
72 50 appropriate entity and expended for educational,
73 1 religious, or charitable purposes.
73 2 Sec. 214. REFUNDS. Refunds of taxes, interest, or
73 3 penalties which arise from claims resulting from the
73 4 provisions of this division of this Act enacting
73 5 section 423.3, subsection 78, new paragraph "b", for
73 6 the sales price from sales or rental of tangible
73 7 personal property, or services occurring between July
73 8 1, 1998, and the effective date of section 423.3,
73 9 subsection 78, new paragraph "b", shall be limited to
73 10 fifty thousand dollars in the aggregate and shall not
73 11 be allowed unless refund claims are filed prior to
73 12 October 1, 2009, notwithstanding any other provision
73 13 of law. If the amount of claims totals more than
73 14 fifty thousand dollars in the aggregate, the
73 15 department of revenue shall prorate the fifty thousand
73 16 dollars among all claimants in relation to the amounts
73 17 of the claimants' valid claims.
73 18 Sec. 215. EFFECTIVE AND RETROACTIVE APPLICABILITY
73 19 DATES. The section of this division of this Act
73 20 amending section 423.3, subsection 78, being deemed of
73 21 immediate importance, takes effect upon enactment and
73 22 applies retroactively to July 1, 1998.
73 23 DIVISION XXI
73 24 MAGISTRATES
73 25 Sec. 216. Section 602.6401, subsection 4, Code
73 26 2009, is amended to read as follows:
73 27 4. By March of each year in which magistrates'
73 28 terms expire, the state court administrator shall give
73 29 notice to the clerks of the district court and to the
73 30 chief judges of the judicial districts of the number
73 31 of magistrates to which each county is entitled. If
73 32 the state court administrator does not give the notice
73 33 as required in this subsection by March of each year
73 34 in which magistrates' terms expire, the existing
73 35 magistrate apportionment in effect shall remain in
73 36 effect through the succeeding magistrates' terms, and
73 37 any apportionment performed pursuant to subsection 2
73 38 is void until such succeeding terms expire.
73 39 Sec. 217. EFFECTIVE DATE == RETROACTIVE
73 40 APPLICABILITY. This division of this Act, being
73 41 deemed of immediate importance, takes effect upon
73 42 enactment and applies retroactively to January 1,
73 43 2009, to void any apportionment for which notice was
73 44 not given by March of 2009.
73 45 DIVISION XXII
73 46 CITY FRANCHISE FEES AND CITY UTILITIES
73 47 Sec. 218. Section 364.2, subsection 4, paragraph
73 48 f, Code 2009, is amended to read as follows:
73 49 f. A franchise fee assessed by a city may be based
73 50 upon a percentage of gross revenues generated from
74 1 sales of the franchisee within the city not to exceed
74 2 five percent, without regard to the city's cost of
74 3 inspecting, supervising, and otherwise regulating the
74 4 franchise. Franchise fees collected pursuant to an
74 5 ordinance in effect on the effective date of this
74 6 division of this Act shall be deposited in the city's
74 7 general fund and such fees collected in excess of the
74 8 amounts necessary to inspect, supervise, and otherwise
74 9 regulate the franchise may be used by the city for any
74 10 other purpose authorized by law. Franchise fees
74 11 collected pursuant to an ordinance that is adopted or
74 12 amended on or after the effective date of this
74 13 division of this Act to increase the percentage rate
74 14 at which franchise fees are assessed shall be credited
74 15 to the franchise fee account within the city's general
74 16 fund and used pursuant to section 384.3A. If a city
74 17 franchise fee is assessed to customers of a franchise,
74 18 the fee shall not be assessed to the city as a
74 19 customer. Before a city adopts or amends a franchise
74 20 fee rate ordinance or franchise ordinance to increase
74 21 the percentage rate at which franchise fees are
74 22 assessed, a revenue purpose statement shall be
74 23 prepared specifying the purpose or purposes for which
74 24 the revenue collected from the increased rate will be
74 25 expended. If property tax relief is listed as a
74 26 purpose, the revenue purpose statement shall also
74 27 include information regarding the amount of the
74 28 property tax relief to be provided with revenue
74 29 collected from the increased rate. The revenue
74 30 purpose statement shall be published as provided in
74 31 section 362.3.
74 32 Sec. 219. Section 364.3, Code 2009, is amended by
74 33 adding the following new subsection:
74 34 NEW SUBSECTION. 10. A city which operates a
74 35 utility that furnishes gas or electricity shall manage
74 36 the right=of=way on a competitively neutral and
74 37 nondiscriminatory basis. Such city utility shall be
74 38 required to pay the fees and charges computed in the
74 39 same manner as those fees and charges which are
74 40 imposed by the city upon any other provider of a
74 41 similar service within the corporate boundaries of the
74 42 city. Such city utility shall also comply with the
74 43 terms of the franchise granted by the city to the
74 44 provider of a similar service. This subsection shall
74 45 not be construed to prohibit the city utility from
74 46 making transfers of surplus as otherwise allowed or
74 47 from making in=kind contributions as otherwise
74 48 allowed. However, a city shall not require that
74 49 transfers from the city utility be in excess of the
74 50 franchise fee amount imposed upon the provider of a
75 1 similar service unless otherwise agreed.
75 2 Sec. 220. NEW SECTION. 384.3A FRANCHISE FEE
75 3 ACCOUNT == USE OF FRANCHISE FEE REVENUES.
75 4 1. A city that assesses a franchise fee pursuant
75 5 to an ordinance that is adopted or amended on or after
75 6 the effective date of this division of this Act to
75 7 increase the percentage rate at which franchise fees
75 8 are assessed under section 364.2, subsection 4,
75 9 paragraph "f", shall establish a franchise fee account
75 10 within the city's general fund. All revenues
75 11 collected by a city pursuant to such an ordinance
75 12 shall be deposited in the account. Interest earned on
75 13 revenues deposited in the account shall remain in the
75 14 account and be used for the purposes specified in this
75 15 section. Moneys in the account are not subject to
75 16 transfer to any other accounts in the city's general
75 17 fund or to any other funds established by a city
75 18 unless such transfer is for a purpose specified in
75 19 this section.
75 20 2. Moneys in the account shall be used for the
75 21 purposes of inspecting, supervising, and otherwise
75 22 regulating each franchise approved by the city.
75 23 3. Moneys in the account in excess of the amount
75 24 necessary for the purposes specified in subsection 2
75 25 shall be expended for any of the following:
75 26 a. Property tax relief.
75 27 b. The repair, remediation, restoration, cleanup,
75 28 replacement, and improvement of existing public
75 29 improvements and other publicly owned property,
75 30 buildings, and facilities.
75 31 c. Projects designed to prevent or mitigate future
75 32 disasters as defined in section 29C.2.
75 33 d. Energy conservation measures for low=income
75 34 homeowners, low=income energy assistance programs, and
75 35 weatherization programs.
75 36 e. Public safety, including the equipping of fire,
75 37 police, emergency services, sanitation, street, and
75 38 civil defense departments.
75 39 f. The establishment, construction,
75 40 reconstruction, repair, equipping, remodeling, and
75 41 extension of public works, public utilities, and
75 42 public transportation systems.
75 43 g. The construction, reconstruction, or repair of
75 44 streets, highways, bridges, sidewalks, pedestrian
75 45 underpasses and overpasses, street lighting fixtures,
75 46 and public grounds, and the acquisition of real estate
75 47 needed for such purposes.
75 48 h. Property tax abatements, building permit fee
75 49 abatements, and abatement of other fees for property
75 50 damaged by a disaster as defined in section 29C.2.
76 1 i. Economic development activities and projects.
76 2 Sec. 221. CERTAIN FRANCHISE FEES DECLARED LEGAL.
76 3 To the extent that any amount of franchise fees
76 4 assessed by and paid to a city prior to the effective
76 5 date of this division of this Act, pursuant to a
76 6 franchise agreement between a city and any person to
76 7 erect, maintain, and operate plants and systems for
76 8 electric light and power, heating, telegraph, district
76 9 telegraph and alarm, motor bus, trolley bus, street
76 10 railway or other public transit, waterworks, or
76 11 gasworks, exceeds the city's reasonable costs of
76 12 inspecting, supervising, and otherwise regulating the
76 13 franchise, such amount is deemed and declared to be
76 14 authorized and legally assessed by and paid to the
76 15 city.
76 16 Sec. 222. EFFECTIVE DATE. This division of this
76 17 Act, being deemed of immediate importance, takes
76 18 effect upon enactment.>
76 19
76 20
76 21
76 22 OLDSON of Polk
76 23 HF 830.301 83
76 24 jp/tm/24746
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