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

                              -1-