House Amendment 8640
PAG LIN
1 1 Amend House File 2531, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 4, line 6, by striking <and area education
1 4 agency>
1 5 #2. Page 4, by striking lines 8 through 13 and
1 6 inserting:
1 7 <Sec. ___. INSTRUCTIONAL SUPPORT STATE AID ==
1 8 APPROPRIATION. In lieu of the appropriation provided
1 9 in section 257.20, there is appropriated from the
1 10 school infrastructure fund created in section 12.82,
1 11 subsection 1, to the department of education for the
1 12 fiscal year beginning July 1, 2010, and ending June 30,
1 13 2011, the following amount, or so much thereof as is
1 14 necessary, to be used for the purposes designated:
1 15 For paying instructional support state aid for
1 16 fiscal year 2010=2011:
1 17 .................................................. $ 7,500,000
1 18 Notwithstanding section 257.20, subsection 3, the
1 19 appropriation made in this lettered paragraph shall
1 20 be allocated in the same manner as the allocation of
1 21 the appropriation was made for the same purpose in the
1 22 previous fiscal year.>
1 23 #3. Page 6, after line 29 by inserting:
1 24 <Sec. ___. Section 257.35, subsection 5, Code
1 25 Supplement 2009, is amended to read as follows:
1 26 5. Notwithstanding subsection 1, and in addition to
1 27 the reduction applicable pursuant to subsection 2, the
1 28 state aid for area education agencies and the portion
1 29 of the combined district cost calculated for these
1 30 agencies for each fiscal year of the fiscal period
1 31 beginning July 1, 2008, and ending June 30, 2010 2011,
1 32 shall be reduced by the department of management by two
1 33 million five hundred thousand dollars. The reduction
1 34 for each area education agency for each fiscal year of
1 35 the fiscal period beginning July 1, 2008, and ending
1 36 June 30, 2010 2011, shall be prorated based on the
1 37 reduction that the agency received in the fiscal year
1 38 beginning July 1, 2003.>
1 39 #4. Page 10, line 20, by striking <may> and
1 40 inserting <shall not>
1 41 #5. Page 13, line 21, after <officer,> by inserting
1 42 <state debt coordinator,>
1 43 #6. Page 28, after line 7 by inserting:
1 44 <Sec. ___. 2010 Iowa Acts, Senate File 2366,
1 45 section 16, if enacted, is amended to read as follows:
1 46 SEC. 16. EFFECTIVE DATE == APPLICABILITY. This
1 47 section The sections of this division of this Act
1 48 providing for transfers involving the college student
1 49 aid commission and the department of inspections and
1 50 appeals are retroactively applicable to December 14,
2 1 2009, and apply in lieu of the transfers made for the
2 2 same purposes by the executive branch, as reported by
2 3 the department of management in the transfer notices
2 4 dated December 14, 2009.>
2 5 #7. Page 29, after line 30 by inserting:
2 6 <___. The section of this division of this Act
2 7 amending 2010 Iowa Acts, Senate File 2366, section 16.>
2 8 #8. Page 30, after line 8 by inserting:
2 9 <Sec. ___. DEPARTMENT OF CULTURAL AFFAIRS ==
2 10 MERCHANT MARINE BONUS FUND. There is appropriated
2 11 from the merchant marine bonus fund of the state to
2 12 the department of cultural affairs for the fiscal year
2 13 beginning July 1, 2010, and ending June 30, 2011, any
2 14 moneys remaining in the fund after the appropriation
2 15 made pursuant to 2010 Iowa Acts, House File 2526,
2 16 to be used for any costs relating to a study of the
2 17 U.S.S. Iowa and for departmental salaries, support,
2 18 maintenance, and miscellaneous purposes.
2 19 Notwithstanding section 8.33, moneys appropriated in
2 20 this section that remain unencumbered or unobligated
2 21 at the close of the fiscal year shall not revert but
2 22 shall remain available for expenditure for the purposes
2 23 designated until the close of the succeeding fiscal
2 24 year.>
2 25 #9. Page 30, after line 8 by inserting:
2 26 <Sec. ___. IOWA COMPREHENSIVE PETROLEUM UNDERGROUND
2 27 STORAGE TANK FUND == APPROPRIATIONS. There is
2 28 appropriated from the Iowa comprehensive petroleum
2 29 underground storage tank fund created in section 455G.3
2 30 to the following departments and agencies for the
2 31 fiscal year beginning July 1, 2010, and ending June
2 32 30, 2011, the following amounts, or so much thereof as
2 33 is necessary, to be used for the purposes designated,
2 34 notwithstanding section 455G.3, subsection 1:
2 35 1. DEPARTMENT OF PUBLIC HEALTH == BOARD OF PHARMACY
2 36 a. For support of the Iowa pharmacy recovery
2 37 network:
2 38 .................................................. $ 100,000
2 39 b. For continuation of the pharmaceutical
2 40 collection and disposal pilot program established
2 41 pursuant to 2009 Iowa Acts, chapter 175, section 9:
2 42 .................................................. $ 150,000
2 43 2. DEPARTMENT OF ADMINISTRATIVE SERVICES
2 44 For costs associated with providing autism spectrum
2 45 disorders coverage pursuant to section 514C.26, as
2 46 enacted by this Act:
2 47 .................................................. $ 140,000
2 48 3. STATE BOARD OF REGENTS
2 49 a. For the state school for the deaf:
2 50 .................................................. $ 233,000
3 1 b. For Iowa braille and sight saving school:
3 2 .................................................. $ 137,000
3 3 4. DEPARTMENT OF EDUCATION == VOCATIONAL
3 4 REHABILITATION SERVICES DIVISION
3 5 For a program for farmers with disabilities:
3 6 .................................................. $ 97,000
3 7 The funds appropriated in this subsection shall
3 8 be used for the public purpose of providing a grant
3 9 to a national nonprofit organization with over 80
3 10 years of experience in assisting children and adults
3 11 with disabilities and special needs. The funds shall
3 12 be used for a nationally recognized program that
3 13 began in 1986 and has been replicated in at least 30
3 14 other states, but which is not available through any
3 15 other entity in this state, that provides assistance
3 16 to farmers with disabilities in all 99 counties to
3 17 allow the farmers to remain in their own homes and
3 18 be gainfully engaged in farming through provision
3 19 of agricultural worksite and home modification
3 20 consultations, peer support services, services to
3 21 families, information and referral, and equipment
3 22 loan services. Notwithstanding section 8.33, moneys
3 23 appropriated in this section that remain unencumbered
3 24 or unobligated at the close of the fiscal year shall
3 25 not revert but shall remain available for expenditure
3 26 for the purposes designated until the close of the
3 27 succeeding fiscal year.>
3 28 ___. DEPARTMENT OF HUMAN SERVICES
3 29 For restoring for the fiscal year beginning July 1,
3 30 2010, a portion of the reimbursement rate reduction
3 31 that was applied in the previous fiscal year to
3 32 adoption, family foster care, group foster care, and
3 33 supervised apartment living services providers, to
3 34 implement appropriations reductions applied pursuant to
3 35 executive order number 19 issued October 8, 2010:
3 36 .................................................. $ 1,000,000
3 37 The department shall increase the reimbursement
3 38 rates otherwise specified in 2010 Iowa Acts, House File
3 39 2526, if enacted, for the designated services providers
3 40 by an equal percentage in order to fully utilize the
3 41 amount appropriated in this subsection.
3 42 5. DEPARTMENT OF COMMERCE == DIVISION OF INSURANCE
3 43 For costs associated with establishing the Iowa
3 44 insurance information exchange pursuant to section
3 45 505.32, if enacted by 2010 Iowa Acts, Senate File 2356:
3 46 .................................................. $ 150,000
3 47 #10. Page 30, after line 8 by inserting:
3 48 <Sec. ___. FISCAL YEAR 2009=2010 ==
3 49 APPROPRIATIONS. There is appropriated from the
3 50 general fund of the state to the following departments
4 1 and agencies for the fiscal year beginning July 1,
4 2 2009, and ending June 30, 2010, the following amounts,
4 3 or so much thereof as is necessary, to be used for the
4 4 purposes designated:
4 5 1. DEPARTMENT OF MANAGEMENT
4 6 For salaries, support, maintenance, and
4 7 miscellaneous purposes:
4 8 .................................................. $ 200,000
4 9 2. DEPARTMENT OF REVENUE
4 10 For the duties of the office of the state debt
4 11 coordinator established in 2010 Iowa Acts, Senate
4 12 File 2383, if enacted, including salaries, support,
4 13 maintenance, services, advertising, miscellaneous
4 14 purposes, and for not more than the following full=time
4 15 equivalent positions:
4 16 .................................................. $ 300,000 ...........................................
4 17 3.00
4 18 For the period beginning on the effective date of
4 19 the section establishing the debt amnesty program in
4 20 2010 Iowa Acts, Senate File 2383, through November 30,
4 21 2010, or when the program is ended, whichever is later,
4 22 an amount of the proceeds collected by the program
4 23 equal to the administrative, advertising, and other
4 24 costs of the program shall be considered repayment
4 25 receipts, as defined in section 8.2, and shall be used
4 26 by the office of the state debt coordinator for those
4 27 costs.
4 28 Notwithstanding section 8.33, moneys appropriated in
4 29 this section that remain unencumbered or unobligated
4 30 at the close of the fiscal year shall not revert but
4 31 shall remain available for expenditure for the purposes
4 32 designated until the close of the succeeding fiscal
4 33 year.>
4 34 #11. Page 30, after line 21 by inserting:
4 35 <Sec. ___. SCHOOL READY CHILDREN GRANT
4 36 REQUIREMENT. For the fiscal year beginning July 1,
4 37 2010, and ending June 30, 2011, the early childhood
4 38 Iowa state board may grant a school ready children
4 39 grant waiver as to the required percentage of family
4 40 support program to be committed to a home visitation
4 41 component to an early childhood Iowa area that is
4 42 funding the teaching interventions to empower and
4 43 strengthen families program and is more than 10 percent
4 44 away from meeting the required percentage.>
4 45 #12. Page 30, after line 21 by inserting:
4 46 <Sec. ___. MEDICAID FRAUD ACCOUNT == DEPARTMENT OF
4 47 INSPECTIONS AND APPEALS. There is appropriated from
4 48 the Medicaid fraud account created in section 249A.7
4 49 to the department of inspections and appeals for the
4 50 fiscal year beginning July 1, 2010, and ending June 30,
5 1 2011, the following amount or so much thereof as is
5 2 necessary, to be used for the purposes designated:
5 3 For salaries, support, maintenance, miscellaneous
5 4 purposes, administration, and other costs associated
5 5 with implementation of 2010 Iowa Acts, Senate File
5 6 2333, if enacted:
5 7 .................................................. $ 250,000>
5 8 #13. Page 30, after line 21 by inserting:
5 9 <Sec. ___. TAIWAN TRADE OFFICE == IOWA
5 10 COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE
5 11 TANK FUND. There is appropriated from the Iowa
5 12 comprehensive petroleum underground storage tank fund
5 13 to the department of economic development for the
5 14 fiscal year beginning July 1, 2010, and ending June 30,
5 15 2011, the following amount, or so much thereof as is
5 16 necessary, to be used for the purposes designated:
5 17 Notwithstanding section 455G.3, subsection 1, for
5 18 establishing a trade office in Taipei, Taiwan:
5 19 .................................................. $ 100,000
5 20 If the department cannot arrange for matching moneys
5 21 from another source in an amount at least equal to
5 22 the appropriation made in this section, the moneys
5 23 appropriated in this section shall revert to the Iowa
5 24 comprehensive petroleum underground storage tank fund.>
5 25 #14. Page 30, after line 21 by inserting:
5 26 <Sec. ___. INSURANCE DIVISION. There is
5 27 appropriated from the department of commerce revolving
5 28 fund created in section 546.12 to the insurance
5 29 division of the department of commerce for the fiscal
5 30 year beginning July 1, 2010, and ending June 30,
5 31 2011, the following amount, or so much thereof as is
5 32 necessary, to be used for the purposes designated:
5 33 For salaries, support, maintenance, miscellaneous
5 34 purposes, and for not more than the following full=time
5 35 equivalent positions:
5 36 .................................................. $ 55,000
5 37 ............................................... FTEs 1.00>
5 38 #15. Page 30, after line 33 by inserting:
5 39 <___. DEPARTMENT OF EDUCATION
5 40 a. To provide funding in addition to the amount
5 41 appropriated in 2010 Iowa Acts, Senate File 2376,
5 42 section 6, subsection 14, for allocation to eligible
5 43 school districts for the four=year=old preschool
5 44 program under chapter 256C:
5 45 .................................................. $ 4,000,000
5 46 b. For school districts to provide direct
5 47 services to the most at=risk senior high school
5 48 students enrolled in school districts through direct
5 49 intervention by a jobs for America's graduates
5 50 specialist:
6 1 .................................................. $ 540,000
6 2 ___. DEPARTMENT OF NATURAL RESOURCES
6 3 For operations, notwithstanding restrictions
6 4 otherwise applicable under 2010 Iowa Acts, House File
6 5 2525, relating to private buildings, if enacted:
6 6 .................................................. $ 300,000
6 7 ___. DEPARTMENT OF HUMAN SERVICES
6 8 For funding of shelter care in addition to the
6 9 amount allocated for this purpose in the appropriation
6 10 for child and family services in 2010 Iowa Acts, House
6 11 File 2526, if enacted:
6 12 .................................................. $ 500,000
6 13 ___. OFFICE OF ENERGY INDEPENDENCE
6 14 For deposit in the Iowa power fund:
6 15 .................................................. $ 2,000,000>
6 16 #16. Page 30, after line 33 by inserting:
6 17 <___. IOWA FINANCE AUTHORITY
6 18 a. To a county with a population between 189,000
6 19 and 196,000 in the last preceding certified federal
6 20 census for rehabilitation of a flood damaged public
6 21 service center:
6 22 .................................................. $ 4,500,000
6 23 b. To a city with a population between 120,500
6 24 and 120,800 in the last preceding certified federal
6 25 census for rehabilitation and renovation of a federal
6 26 courthouse and to meet federal flood mitigation
6 27 standards:
6 28 .................................................. $ 2,100,000>
6 29 #17. Page 31, line 18, after <agreement> by
6 30 inserting <executed on or before December 31, 2011>
6 31 #18. Page 31, line 22, after <subsection 8,> by
6 32 inserting <for its facilities described in section
6 33 327F.2 governed by the written agreement>
6 34 #19. Page 31, after line 23 by inserting:
6 35 <Sec. ___. RENEWABLE BIOMASS. It is the intent of
6 36 the general assembly that the Iowa power fund board
6 37 and the department of economic development use moneys
6 38 appropriated to the Iowa power fund and the department
6 39 of economic development to encourage projects utilizing
6 40 biomass made from renewable biomass to produce inputs
6 41 for agricultural purposes that replace products that
6 42 are produced using fossil fuels as the raw materials.
6 43 The projects shall include but not be limited to
6 44 products such as anhydrous ammonia.>
6 45 #20. Page 31, after line 23 by inserting:
6 46 <Sec. ___. DEPARTMENT OF CULTURAL AFFAIRS. The
6 47 department of cultural affairs, in its capacity as the
6 48 state historic preservation officer and consulting
6 49 party for the purpose of satisfying the requirements of
6 50 the federal National Historic Preservation Act, shall
7 1 be no more restrictive than the federal agency for
7 2 which it is acting as such consulting party.>
7 3 #21. Page 32, after line 14 by inserting:
7 4 <Sec. ___. PUBLIC LIBRARY SUPPORT LEVY == ELECTION
7 5 DATE.
7 6 1. Notwithstanding the election date required under
7 7 section 384.12, subsections 1 and 21, a city may submit
7 8 a proposition relating to a public library property
7 9 tax levy to the electorate on a date specified in
7 10 section 39.2, subsection 4, paragraph "b", if all of
7 11 the following conditions are met:
7 12 a. The city is located in whole or in part in an
7 13 area that the governor proclaimed a disaster emergency
7 14 or the president of the United States declared a major
7 15 disaster, as the result of a natural disaster occurring
7 16 during the period of time beginning May 1, 2008, and
7 17 ending August 1, 2008.
7 18 b. The city contains a public library that was
7 19 damaged by the natural disaster described in paragraph
7 20 "a".
7 21 2. An election under subsection 1 shall be held not
7 22 later than August 2, 2011.>
7 23 #22. Page 32, after line 14 by inserting:
7 24 <Sec. ___. MH/MR/DD SERVICES FUND
7 25 TRANSFER. Notwithstanding section 331.424A,
7 26 subsection 5, and section 331.432, subsection 3, for
7 27 the fiscal year beginning July 1, 2010, and ending
7 28 June 30, 2011, a county may transfer moneys from other
7 29 funds of the county to the county's mental health,
7 30 mental retardation, and developmental disabilities
7 31 services fund created in section 331.424A. A county
7 32 transferring moneys from other funds of the county to
7 33 the county's services fund pursuant to this section
7 34 shall submit a report detailing the transfers made and
7 35 funds affected. The county shall submit the report
7 36 along with the county expenditure and information
7 37 report submitted by December 1, 2010, in accordance
7 38 with section 331.439.>
7 39 #23. Page 32, after line 27 by inserting:
7 40 <Sec. ___. LIMITED LIABILITY COMPANIES == BIENNIAL
7 41 REPORTS.
7 42 1. The biennial report fee, as determined by
7 43 the secretary of state in accordance with section
7 44 490A.1320, subsection 1, received for reports filed
7 45 on or after July 1, 2006, shall be credited to the
7 46 general fund of the state. The biennial report fee
7 47 shall be due at the time the report is filed. On or
7 48 after July 1, 2006, such biennial reports shall be
7 49 due in even=numbered calendar years during the period
7 50 beginning January 1, and ending April 1, and shall
8 1 contain information relating to the two=year period
8 2 immediately preceding the calendar year in which the
8 3 report is filed.
8 4 2. a. This section, being deemed of immediate
8 5 importance, takes effect upon enactment and applies
8 6 retroactively to July 1, 2006.
8 7 b. A limited liability company that has not filed
8 8 the biennial report for 2008 or 2010 shall file such
8 9 report on or before June 30, 2010.>
8 10 #24. Page 35, line 26, before <As> by inserting <1.>
8 11 #25. Page 36, after line 15 by inserting:
8 12 <2. Parties who by agreement are utilizing a
8 13 cooperative alternative bargaining process shall, at
8 14 the outset of such process, agree upon a method and
8 15 schedule for the completion of impasse procedures
8 16 should they fail to reach a collective bargaining
8 17 agreement through the use of such alternative
8 18 bargaining process.>
8 19 #26. Page 38, after line 11 by inserting:
8 20 <Sec. ___. Section 123.30, subsection 3, paragraph
8 21 e, subparagraph (1), Code Supplement 2009, is amended
8 22 to read as follows:
8 23 (1) A class "E" liquor control license may be
8 24 issued and shall authorize the holder to purchase
8 25 alcoholic liquor from the division only and high
8 26 alcoholic content beer from a class "AA" beer permittee
8 27 only and to sell the alcoholic liquor and high
8 28 alcoholic content beer to patrons for consumption
8 29 off the licensed premises and to other liquor control
8 30 licensees. A class "E" license shall not be issued
8 31 to premises at which gasoline is sold. A holder of
8 32 a class "E" liquor control license may hold other
8 33 retail liquor control licenses or retail wine or beer
8 34 permits, but the premises licensed under a class "E"
8 35 liquor control license shall be separate from other
8 36 licensed premises, though the separate premises may
8 37 have a common entrance. However, the holder of a class
8 38 "E" liquor control license may also hold a class "B"
8 39 wine or class "C" beer permit or both for the premises
8 40 licensed under a class "E" liquor control license.>
8 41 #27. Page 38, by striking lines 12 through 28 and
8 42 inserting:
8 43 <Sec. ___. Section 155A.6A, subsection 3, Code
8 44 2009, is amended to read as follows:
8 45 3. a. Beginning July 1, 2009 December 31, 2012,
8 46 a person who is in the process of acquiring national
8 47 certification as a pharmacy technician and who is
8 48 in training to become a pharmacy technician shall
8 49 register with the board as a pharmacy technician. The
8 50 registration shall be issued for a period not to exceed
9 1 one year and shall not be renewable.
9 2 b. A person who is registered as a pharmacy
9 3 technician or a pharmacy technician trainee prior
9 4 to January 1, 2010, who has worked as a pharmacy
9 5 technician or pharmacy technician trainee for a minimum
9 6 of two thousand hours in the previous eighteen months
9 7 under the direction of a licensed pharmacist shall
9 8 have until December 31, 2013, to attain certification
9 9 pursuant to this section. The supervising pharmacist
9 10 shall be responsible for verifying with the Iowa board
9 11 of pharmacy that any person affected by this paragraph
9 12 continues to have a minimum of two thousand hours of
9 13 supervised training in any eighteen=month period of
9 14 time between January 1, 2010, and December 31, 2013.>
9 15 #28. Page 39, after line 18 by inserting:
9 16 <Sec. ___. Section 237.3, subsection 2, paragraph
9 17 f, Code Supplement 2009, is amended to read as follows:
9 18 f. Housing, health, safety, and medical care
9 19 policies for children receiving child foster care. The
9 20 medical care policies shall include but are not limited
9 21 to all of the following:
9 22 (1) Provision by the department to the foster care
9 23 provider at or before the time of a child's placement
9 24 of the child's health records and any other information
9 25 possessed or known about the health of the child or
9 26 about a member of the child's family that pertains to
9 27 the child's health.
9 28 (2) If the health records supplied in accordance
9 29 with the child's case permanency plan to the foster
9 30 care provider are incomplete or the provider requests
9 31 specific health information, provision for obtaining
9 32 additional health information from the child's
9 33 parent or other source and supplying the additional
9 34 information to the foster care provider.
9 35 (3) Provision for emergency health coverage of
9 36 the child while the child is engaged in temporary
9 37 out=of=state travel with the child's foster family.
9 38 Sec. ___. Section 237.3, subsection 2, paragraph
9 39 k, subparagraph (1), Code Supplement 2009, is amended
9 40 to read as follows:
9 41 (1) Receiving information prior to the child's
9 42 placement regarding risk factors concerning the child
9 43 that are known to the department, including but not
9 44 limited to notice if the child is required to register
9 45 under chapter 692A.>
9 46 #29. By striking page 39, line 33, through page 40,
9 47 line 29.
9 48 #30. Page 40, after line 29 by inserting:
9 49 <Sec. ___. Section 314.17, as amended by 2010 Iowa
9 50 Acts, House File 2458, if enacted, is amended by adding
10 1 the following new subsections:
10 2 NEW SUBSECTION. 7. Within fifty feet of a drainage
10 3 tile or tile intake.
10 4 NEW SUBSECTION. 8. For access to a mailbox or for
10 5 other accessibility purposes.
10 6 NEW SUBSECTION. 9. On rights=of=way adjacent to
10 7 agricultural demonstration or research plots.>
10 8 #31. Page 40, after line 29 by inserting:
10 9 <Sec. ___. Section 321.18, Code Supplement 2009, is
10 10 amended by adding the following new subsection:
10 11 NEW SUBSECTION. 10. Any trailer that is used
10 12 exclusively for the transportation, display, and
10 13 distribution of flags honoring deceased veterans in
10 14 parades or ceremonies held on Memorial Day, Veterans
10 15 Day, or other patriotic occasions as authorized by
10 16 resolution of the local government of the community
10 17 where the parade or ceremony takes place. A trailer
10 18 exempt from registration under this subsection shall
10 19 only be used on city streets or secondary roads on the
10 20 day of a parade or ceremony specified in the local
10 21 government's resolution, and a copy of the resolution
10 22 shall be carried at all times in the vehicle pulling
10 23 the trailer.>
10 24 #32. Page 40, after line 29 by inserting:
10 25 <Sec. ___. Section 321.463, subsection 5, paragraph
10 26 c, Code Supplement 2009, is amended to read as follows:
10 27 c. (1) The maximum gross weight allowed to be
10 28 carried on a livestock or construction commercial
10 29 motor vehicle, other than a special truck, on
10 30 noninterstate highways, provided the vehicle is
10 31 operated by a person with a commercial driver's license
10 32 valid for the vehicle operated unless section 321.176A
10 33 applies, is as follows:
10 34 NONINTERSTATE HIGHWAYS
10 35 MAXIMUM GROSS WEIGHT TABLE
10 36 LIVESTOCK OR CONSTRUCTIONCOMMERCIAL MOTOR VEHICLE
10 37 Distance
10 38 in feet 6 Axles 7 Axles $YUL
10 40 44 80,500 80,500
10 41 45 81,000 81,500
10 42 46 81,500 82,500
10 43 47 82,000 83,500
10 44 48 83,000 84,000
10 45 49 83,500 85,000
10 46 50 84,000 86,000
10 47 51 84,500 87,000
10 48 52 85,000 88,000
10 49 53 86,000 88,500
10 50 54 86,500 89,500
11 1 55 87,000 90,500
11 2 56 87,500 91,500
11 3 57 88,000 92,000
11 4 58 89,000 93,000
11 5 59 89,500 94,000
11 6 60 90,000 95,000
11 7 61 95,500
11 8 62 96,000
11 9 (2) Notwithstanding any provision of this section
11 10 to the contrary, the maximum gross weight allowed to
11 11 be carried on a noninterstate highway by a livestock
11 12 vehicle with five axles, a minimum distance in feet
11 13 between the centers of the first and fifth axles of
11 14 sixty=one feet, and a minimum distance between the
11 15 two rear axles of at least eight feet and one inch is
11 16 eighty=six thousand pounds.>
11 17 #33. Page 40, after line 29 by inserting:
11 18 <Sec. ___. NEW SECTION. 261D.4 Payment of dues.
11 19 On an annual basis, the department of management
11 20 shall apportion the dues assessed for membership in the
11 21 midwestern higher education compact to various sectors
11 22 of education including the department of education, the
11 23 community college trustees, the Iowa association of
11 24 independent colleges and universities, and the state
11 25 board of regents. The apportionment shall be based on
11 26 actual savings achieved in the previous fiscal year
11 27 by each sector of education in a manner determined
11 28 by the department of management. The department of
11 29 management shall make payment on behalf of the state
11 30 to the midwestern higher education compact commission
11 31 and shall seek reimbursement from each sector of
11 32 education based on the apportionment determined by the
11 33 department.>
11 34 #34. Page 40, after line 29 by inserting:
11 35 <Sec. ___. Section 321.482A, unnumbered paragraph
11 36 1, Code 2009, is amended to read as follows:
11 37 Notwithstanding section 321.482, a person who is
11 38 convicted of operating a motor vehicle in violation of
11 39 section 321.256, 321.257, section 321.275, subsection
11 40 4, section 321.297, 321.298, 321.299, 321.302, 321.303,
11 41 321.304, 321.305, 321.306, 321.307, 321.308, section
11 42 321.309, subsection 2, or section 321.311, 321.319,
11 43 321.320, 321.321, 321.322, 321.323, 321.323A, 321.324,
11 44 321.324A, 321.327, 321.329, or 321.333 causing serious
11 45 injury to or the death of another person may be subject
11 46 to the following penalties in addition to the penalty
11 47 provided for a scheduled violation in section 805.8A or
11 48 any other penalty provided by law:>
11 49 #35. Page 40, after line 29 by inserting:
11 50 <Sec. ___. Section 421.27, subsection 6, Code 2009,
12 1 is amended to read as follows:
12 2 6. Improper receipt of refund or credit. A person
12 3 who makes an erroneous application for refund or
12 4 credit shall be liable for any overpayment received
12 5 or tax liability reduced plus interest at the rate
12 6 in effect under section 421.7. In addition, a
12 7 person who willfully makes a false or frivolous
12 8 application for refund or credit with intent to evade
12 9 tax or with intent to receive a refund or credit
12 10 to which the person is not entitled is guilty of
12 11 a fraudulent practice and is liable for a penalty
12 12 equal to seventy=five percent of the refund or credit
12 13 being claimed. Repayments Payments, penalties, and
12 14 interest due under this subsection may be collected and
12 15 enforced in the same manner as the tax imposed.>
12 16 #36. Page 40, after line 29 by inserting:
12 17 <Sec. ___. Section 421C.3, subsection 15, if
12 18 enacted by 2010 Iowa Acts, Senate File 2383, is amended
12 19 to read as follows:
12 20 15. a. The director of revenue shall establish an
12 21 account and shall deposit in the account all receipts
12 22 received under the program established by the state
12 23 debt coordinator. Not later than the fifteenth day of
12 24 each month, the director shall deposit amounts received
12 25 with the treasurer of state for deposit in the general
12 26 fund of the state.
12 27 b. Of the amount of debt actually collected
12 28 pursuant to the program, the department of revenue
12 29 shall retain an amount, not to exceed the amount
12 30 collected, that is sufficient to pay for salaries,
12 31 support, maintenance, services, advertising, and other
12 32 costs incurred by the coordinator relating to the
12 33 program. Revenues retained by the office pursuant to
12 34 this lettered paragraph shall be considered repayment
12 35 receipts as defined in section 8.2.>
12 36 #37. Page 42, after line 5 by inserting:
12 37 <Sec. ___. Section 600C.1, Code 2009, is amended by
12 38 striking the section and inserting in lieu thereof the
12 39 following:
12 40 600C.1 Grandparent and great=grandparent visitation.
12 41 1. The grandparent or great=grandparent of a
12 42 minor child may petition the court for grandchild or
12 43 great=grandchild visitation when the parent of the
12 44 minor child, who is the child of the grandparent or the
12 45 grandchild of the great=grandparent, is deceased.
12 46 2. The court shall consider a fit parent's
12 47 objections to granting visitation under this section.
12 48 A rebuttable presumption arises that a fit parent's
12 49 decision to deny visitation to a grandparent or
12 50 great=grandparent is in the best interest of a minor
13 1 child.
13 2 3. The court may grant visitation to the
13 3 grandparent or great=grandparent under this section
13 4 if the court finds all of the following by clear and
13 5 convincing evidence:
13 6 a. It is in the best interest of the child to grant
13 7 such visitation.
13 8 b. The grandparent or great=grandparent has
13 9 established a substantial relationship with the child
13 10 prior to the filing of the petition.
13 11 c. That the presumption that the parent who is
13 12 being asked to temporarily relinquish care, custody,
13 13 and control of the child to provide visitation is fit
13 14 to make the decision regarding visitation is overcome
13 15 by demonstrating one of the following:
13 16 (1) The parent is unfit to make such decision.
13 17 (2) The parent's judgment has been impaired and the
13 18 relative benefit to the child of granting visitation
13 19 greatly outweighs any effect on the parent=child
13 20 relationship. Impaired judgment of a parent may be
13 21 evidenced by any of, but not limited to, the following:
13 22 (a) Neglect of the child.
13 23 (b) Abuse of the child.
13 24 (c) Violence toward the child.
13 25 (d) Indifference or absence of feeling toward the
13 26 child.
13 27 (e) Demonstrated unwillingness and inability to
13 28 promote the emotional and physical well=being of the
13 29 child.
13 30 (f) Drug abuse.
13 31 (g) A diagnosis of mental illness.
13 32 4. In determining the best interest of the child,
13 33 the court shall consider all of the following:
13 34 a. The prior interaction and interrelationships of
13 35 the child with the child's parents, siblings, and other
13 36 persons related by consanguinity or affinity, compared
13 37 to the child's relationship with the grandparent or
13 38 great=grandparent.
13 39 b. The geographical location of the grandparent's
13 40 or great=grandparent's residence and the distance
13 41 between the grandparent's or great=grandparent's
13 42 residence and the child's residence.
13 43 c. The child's and parent's available time,
13 44 including but not limited to the parent's employment
13 45 schedule, the child's school schedule, the amount of
13 46 time that will be available for the child to spend with
13 47 siblings, and the child's and the parent's holiday and
13 48 vacation schedules.
13 49 d. The age of the child.
13 50 e. If the court has interviewed the child in
14 1 chambers as provided in this section regarding the
14 2 wishes and concerns of the child as to visitation
14 3 by the grandparent or great=grandparent or as to a
14 4 specific visitation schedule, the wishes and concerns
14 5 of the child, as expressed to the court.
14 6 f. The health and safety of the child.
14 7 g. The mental and physical health of all parties.
14 8 h. Whether the grandparent or great=grandparent
14 9 previously has been convicted of or pleaded guilty to
14 10 any criminal offense involving any act that resulted
14 11 in a child being an abused child or a neglected child;
14 12 whether the grandparent or great=grandparent previously
14 13 has been convicted of or pleaded guilty to a crime
14 14 involving a victim who at the time of the commission
14 15 of the offense was a member of the family or household
14 16 that is the subject of the current proceeding; and
14 17 whether there is reason to believe that the grandparent
14 18 or great=grandparent has acted in a manner resulting in
14 19 a child having ever been found to be an abused child
14 20 or a neglected child.
14 21 i. The wishes and concerns of the child's parent,
14 22 as expressed by the parent to the court.
14 23 j. Any other factor in the best interest of the
14 24 child.
14 25 5. For the purposes of this subsection "substantial
14 26 relationship" includes but is not limited to any of the
14 27 following:
14 28 a. The child has lived with the grandparent or
14 29 great=grandparent for at least six months.
14 30 b. The grandparent or great=grandparent has
14 31 voluntarily and in good faith supported the child
14 32 financially in whole or in part for a period of not
14 33 less than six months.
14 34 c. The grandparent or great=grandparent has had
14 35 frequent visitation including occasional overnight
14 36 visitation with the child for a period of not less than
14 37 one year.
14 38 6. If the court interviews any child concerning
14 39 the child's wishes and concerns regarding parenting
14 40 time or visitation, the interview shall be conducted
14 41 in chambers, and only the child, the child's attorney,
14 42 the judge, any necessary court personnel, and, in the
14 43 judge's discretion, the attorney of the parent shall
14 44 be permitted to be present in the chambers during the
14 45 interview. A person shall not obtain or attempt to
14 46 obtain from a child a written or recorded statement or
14 47 affidavit setting forth the wishes and concerns of the
14 48 child regarding parenting time or visitation.
14 49 7. For the purposes of this section, "court" means
14 50 the district court or the juvenile court if that court
15 1 currently has jurisdiction over the child in a pending
15 2 action. If an action is not pending, the district
15 3 court has jurisdiction.
15 4 8. Notwithstanding any provision of this chapter
15 5 to the contrary, venue for any action to establish,
15 6 enforce, or modify visitation under this section shall
15 7 be in the county where the child resides if no final
15 8 custody order determination relating to the grandchild
15 9 or great=grandchild has been entered by any other
15 10 court. If a final custody order has been entered by
15 11 any other court, venue shall be located exclusively in
15 12 the county where the most recent final custody order
15 13 was entered. If any other custodial proceeding is
15 14 pending when an action to establish, enforce, or modify
15 15 visitation under this section is filed, venue shall be
15 16 located exclusively in the county where the pending
15 17 custodial proceeding was filed.
15 18 9. Notice of any proceeding to establish, enforce,
15 19 or modify visitation under this section shall be
15 20 personally served upon the parent of the child
15 21 whose interests are affected by a proceeding brought
15 22 pursuant to this section and all grandparents or
15 23 great=grandparents who have previously obtained a final
15 24 order or commenced a proceeding under this section.
15 25 10. The court shall not enter any temporary order
15 26 to establish, enforce, or modify visitation under this
15 27 section.
15 28 11. An action brought under this section is subject
15 29 to chapter 598B, and in an action brought to establish,
15 30 enforce, or modify visitation under this section,
15 31 each party shall submit in its first pleading or in an
15 32 attached affidavit all information required by section
15 33 598B.209.
15 34 12. A grandparent or great=grandparent shall not
15 35 petition for visitation under this section more than
15 36 once every two years absent a showing of good cause.
15 37 13. The court shall not issue an order restricting
15 38 the movement of the child if such restriction is
15 39 solely for the purpose of allowing the grandparent
15 40 or great=grandparent the opportunity to exercise the
15 41 grandparent's or great=grandparent's visitation under
15 42 this section.>
15 43 #38. Page 42, after line 5 by inserting:
15 44 <Sec. ___. NEW SECTION. 514C.26 Autism spectrum
15 45 disorders coverage.
15 46 1. Notwithstanding the uniformity of treatment
15 47 requirements of section 514C.6, a group plan
15 48 established pursuant to chapter 509A for employees
15 49 of the state providing for third=party payment or
15 50 prepayment of health, medical, and surgical coverage
16 1 benefits shall provide coverage benefits to covered
16 2 individuals under twenty=one years of age for the
16 3 diagnostic assessment of autism spectrum disorders and
16 4 for the treatment of autism spectrum disorders.
16 5 2. As used in this section, unless the context
16 6 otherwise requires:
16 7 a. "Applied behavioral analysis" means the design,
16 8 implementation, and evaluation of environmental
16 9 modifications, using behavioral stimuli and
16 10 consequences, to produce socially significant
16 11 improvement in human behavior or to prevent loss of
16 12 attained skill or function, including the use of direct
16 13 observation, measurement, and functional analysis of
16 14 the relations between environment and behavior.
16 15 b. "Autism service provider" means a person, or
16 16 group providing treatment of autism spectrum disorders.
16 17 An autism service provider that provides treatment
16 18 of autism spectrum disorders that includes applied
16 19 behavioral analysis shall be certified as a behavior
16 20 analyst by the behavior analyst certification board or
16 21 shall be a health professional licensed under chapter
16 22 147.
16 23 c. "Autism spectrum disorders" means any of
16 24 the pervasive developmental disorders including
16 25 autistic disorder, Asperger's disorder, and pervasive
16 26 developmental disorders not otherwise specified. The
16 27 commissioner, by rule, shall define "autism spectrum
16 28 disorders" consistent with definitions provided in
16 29 the most recent edition of the American psychiatric
16 30 association's diagnostic and statistical manual of
16 31 mental disorders, as such definitions may be amended
16 32 from time to time. The commissioner may adopt the
16 33 definitions provided in such manual by reference.
16 34 d. "Diagnostic assessment of autism spectrum
16 35 disorders" means medically necessary assessment,
16 36 evaluations, or tests performed by a licensed
16 37 physician, licensed physician assistant, licensed
16 38 psychologist, or licensed registered nurse practitioner
16 39 to diagnose whether an individual has an autism
16 40 spectrum disorder.
16 41 e. "Pharmacy care" means medications prescribed by
16 42 a licensed physician, licensed physician assistant,
16 43 or licensed registered nurse practitioner and any
16 44 assessment, evaluation, or test prescribed or ordered
16 45 by a licensed physician, licensed physician assistant,
16 46 or licensed registered nurse practitioner to determine
16 47 the need for or effectiveness of such medications.
16 48 f. "Psychiatric care" means direct or consultative
16 49 services provided by a licensed physician who
16 50 specializes in psychiatry.
17 1 g. "Psychological care" means direct or consultative
17 2 services provided by a licensed psychologist.
17 3 h. "Rehabilitative care" means professional services
17 4 and treatment programs, including applied behavioral
17 5 analysis, provided by an autism service provider to
17 6 produce socially significant improvement in human
17 7 behavior or to prevent loss of attained skill or
17 8 function.
17 9 i. "Therapeutic care" means services provided by
17 10 a licensed speech pathologist, licensed occupational
17 11 therapist, or licensed physical therapist.
17 12 j. "Treatment of autism spectrum disorders" means
17 13 treatment that is identified in a treatment plan and
17 14 includes medically necessary pharmacy care, psychiatric
17 15 care, psychological care, rehabilitative care, and
17 16 therapeutic care that is one of the following:
17 17 (1) Prescribed, ordered, or provided by a licensed
17 18 physician, licensed physician assistant, licensed
17 19 psychologist, licensed social worker, or licensed
17 20 registered nurse practitioner.
17 21 (2) Provided by an autism service provider.
17 22 (3) Provided by a person, entity, or group that
17 23 works under the direction of an autism service
17 24 provider.
17 25 k. "Treatment plan" means a plan for the treatment
17 26 of autism spectrum disorders developed by a licensed
17 27 physician or licensed psychologist pursuant to a
17 28 comprehensive evaluation or reevaluation performed
17 29 in consultation with the patient and the patient's
17 30 representative.
17 31 3. Coverage is required pursuant to this section in
17 32 a maximum benefit amount of not more than thirty=six
17 33 thousand dollars per year but shall not be subject
17 34 to any limits on the number of visits to an autism
17 35 service provider for treatment of autism spectrum
17 36 disorders. Beginning in 2014, the commissioner
17 37 shall, on or before April 1 of each calendar year,
17 38 publish an adjustment to the maximum benefit required
17 39 equal to the percentage change in the United States
17 40 department of labor consumer price index for all urban
17 41 consumers in the preceding year, and the published
17 42 adjusted maximum benefit shall be applicable to group
17 43 policies, contracts, or plans subject to this section
17 44 that are issued or renewed on or after January 1 of
17 45 the following calendar year. Payments made under a
17 46 group plan subject to this section on behalf of a
17 47 covered individual for treatment of a health condition
17 48 unrelated to or distinguishable from the individual's
17 49 autism spectrum disorder shall not be applied toward
17 50 any maximum benefit established under this subsection.
18 1 4. Coverage required pursuant to this section shall
18 2 be subject to copayment, deductible, and coinsurance
18 3 provisions, and any other general exclusions or
18 4 limitations of a group plan to the same extent as other
18 5 medical or surgical services covered by the group plan.
18 6 5. Coverage required by this section shall be
18 7 provided in coordination with coverage required for the
18 8 treatment of autistic disorders pursuant to section
18 9 514C.22.
18 10 6. This section shall not be construed to limit
18 11 benefits which are otherwise available to an individual
18 12 under a group plan.
18 13 7. This section shall not be construed to require
18 14 coverage by a group plan of any service solely based on
18 15 inclusion of the service in an individualized education
18 16 program. Consistent with federal or state law and
18 17 upon consent of the parent or guardian of a covered
18 18 individual, the treatment of autism spectrum disorders
18 19 may be coordinated with any services included in an
18 20 individualized education program. However, coverage
18 21 for the treatment of autism spectrum disorders shall
18 22 not be contingent upon coordination of services with an
18 23 individualized education program.
18 24 8. This section shall not apply to accident=only,
18 25 specified disease, short=term hospital or medical,
18 26 hospital confinement indemnity, credit, dental, vision,
18 27 Medicare supplement, long=term care, basic hospital
18 28 and medical=surgical expense coverage as defined
18 29 by the commissioner, disability income insurance
18 30 coverage, coverage issued as a supplement to liability
18 31 insurance, workers' compensation or similar insurance,
18 32 or automobile medical payment insurance, or individual
18 33 accident and sickness policies issued to individuals or
18 34 to individual members of a member association.
18 35 9. A plan established pursuant to chapter 509A for
18 36 employees of the state may manage the benefits provided
18 37 through common methods including but not limited to
18 38 providing payment of benefits or providing care and
18 39 treatment under a capitated payment system, prospective
18 40 reimbursement rate system, utilization control system,
18 41 incentive system for the use of least restrictive and
18 42 costly levels of care, a preferred provider contract
18 43 limiting choice of specific providers, or any other
18 44 system, method, or organization designed to assure
18 45 services are medically necessary and clinically
18 46 appropriate.
18 47 10. An insurer may review a treatment plan for
18 48 treatment of autism spectrum disorders once every six
18 49 months, subject to its utilization review requirements,
18 50 including case management, concurrent review, and
19 1 other managed care provisions. A more or less frequent
19 2 review may be agreed upon by the insured and the
19 3 licensed physician or licensed psychologist developing
19 4 the treatment plan.
19 5 11. For the purposes of this section, the results
19 6 of a diagnostic assessment of autism spectrum disorder
19 7 shall be valid for a period of not less than twelve
19 8 months, unless a licensed physician or licensed
19 9 psychologist determines that a more frequent assessment
19 10 is necessary.
19 11 12. The commissioner shall adopt rules pursuant to
19 12 chapter 17A to implement and administer this section.
19 13 13. This section applies to plans established
19 14 pursuant to chapter 509A for employees of the state
19 15 that are delivered, issued for delivery, continued, or
19 16 renewed in this state on or after January 1, 2011.>
19 17 #39. Page 42, after line 20 by inserting:
19 18 <Sec. ___. 2010 Iowa Acts, House File 2526, section
19 19 11, subsection 24, paragraph b, relating to the medical
19 20 assistance waiver for the Iowa family planning network,
19 21 if enacted, is amended to read as follows:
19 22 b. Implementation of this subsection is contingent
19 23 upon approval of the medical assistance waiver for
19 24 the Iowa family planning network by the centers for
19 25 Medicare and Medicaid services of the United States
19 26 department of health and human services and upon
19 27 availability of funding as determined by the director
19 28 of the department of human services.>
19 29 #40. Page 42, after line 20 by inserting:
19 30 <Sec. ___. 2010 Iowa Acts, Senate File 2378,
19 31 section 15, if enacted, is amended to read as follows:
19 32 SEC. 15. GAMING ENFORCEMENT. There is appropriated
19 33 from the gaming enforcement revolving fund created in
19 34 section 80.43 to the department of public safety for
19 35 the fiscal year beginning July 1, 2010, and ending June
19 36 30, 2011, the following amount, or so much thereof as
19 37 is necessary, to be used for the purposes designated:
19 38 For any direct and indirect support costs for
19 39 agents and officers of the division of criminal
19 40 investigation's excursion gambling boat, gambling
19 41 structure, and racetrack enclosure enforcement
19 42 activities, including salaries, support, maintenance,
19 43 miscellaneous purposes, and for not more than the
19 44 following full=time equivalent positions:
19 45 .................................................. $ 8,851,775
19 46 9,315,306
19 47 ............................................... FTEs 115.00
19 48 However, for each additional license to conduct
19 49 gambling games on an excursion gambling boat, gambling
19 50 structure, or racetrack enclosure issued during the
20 1 period beginning July 1, 2009, through June 30, 2011,
20 2 there is appropriated from the gaming enforcement fund
20 3 to the department of public safety for the fiscal year
20 4 beginning July 1, 2010, and ending June 30, 2011, an
20 5 additional amount of not more than $521,000 to be used
20 6 for not more than 6.00 additional full=time equivalent
20 7 positions.>
20 8 #41. Page 42, after line 20 by inserting:
20 9 <Sec. ___. REPEAL. 2010 Iowa Acts, House File
20 10 2525, section 6, is repealed.>
20 11 #42. Page 42, after line 25 by inserting:
20 12 <Sec. ___. EFFECTIVE UPON ENACTMENT. This
20 13 provision of this division of this Act amending section
20 14 155A.6A, being deemed of immediate importance, takes
20 15 effect upon enactment.>
20 16 #43. Page 42, after line 25 by inserting:
20 17 <Sec. ___. EFFECTIVE UPON ENACTMENT. The provision
20 18 of this division of this Act appropriating moneys from
20 19 the general fund of the state to the department of
20 20 management and to the department of revenue for fiscal
20 21 year 2009=2010, being deemed of immediate importance,
20 22 takes effect upon enactment.>
20 23 #44. Page 42, after line 25 by inserting:
20 24 <Sec. ___. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
20 25 APPLICABILITY. The provision of this division of this
20 26 Act amending section 123.30, subsection 3, paragraph
20 27 "e", subparagraph (1), being deemed of immediate
20 28 importance, takes effect upon enactment, and is
20 29 retroactively applicable to March 10, 2010.>
20 30 #45. Page 42, after line 25 by inserting:
20 31 <Sec. ___. EFFECTIVE DATE. The provision of this
20 32 division of this Act amending section 421.3, if enacted
20 33 by 2010 Iowa Acts, Senate File 2383, takes effect on
20 34 the effective date of section 421C.3.>
20 35 #46. Page 42, after line 25 by inserting:
20 36 <Sec. ___. EFFECTIVE UPON ENACTMENT. The
20 37 provision of this division of this Act relating to the
20 38 instructional support income surtax, being deemed of
20 39 immediate importance, takes effect upon enactment.>
20 40 #47. By striking page 43, line 8, through page 44,
20 41 line 28.
20 42 #48. Page 45, line 1, after <of Iowa,> by inserting
20 43 <the Iowa renewable fuels association,>
20 44 #49. Page 46, after line 5 by inserting:
20 45 <DIVISION ___
20 46 PUBLIC SAFETY ADVISORY BOARD
20 47 Sec. ___. DEPARTMENT OF HUMAN RIGHTS == DIVISION
20 48 OF CRIMINAL AND JUVENILE JUSTICE PLANNING. There is
20 49 appropriated from the Iowa comprehensive petroleum
20 50 underground storage tank fund established in section
21 1 455G.3 to the department of human rights for the
21 2 fiscal year beginning July 1, 2010, and ending June
21 3 30, 2011, the following amount, or so much thereof as
21 4 is necessary, to be used for the purposes designated,
21 5 notwithstanding section 455G.3, subsection 1:
21 6 For the division of criminal and juvenile justice
21 7 planning, including salaries, support, maintenance,
21 8 miscellaneous purposes, and for not more than the
21 9 following full=time equivalent positions for the public
21 10 safety advisory board established in section 216A.133A:
21 11 .................................................. $ 140,000
21 12 ............................................... FTEs 2.00
21 13 Sec. ___. Section 216A.131, Code 2009, is amended
21 14 by adding the following new subsection:
21 15 NEW SUBSECTION. 1A. "Board" means the public
21 16 safety advisory board.
21 17 Sec. ___. Section 216A.132, Code 2009, is amended
21 18 to read as follows:
21 19 216A.132 Council established == terms ==
21 20 compensation.
21 21 1. A criminal and juvenile justice planning
21 22 advisory council is established consisting of
21 23 twenty=three members.
21 24 a. The governor shall appoint seven members each
21 25 for a four=year term beginning and ending as provided
21 26 in section 69.19 and subject to confirmation by the
21 27 senate as follows:
21 28 (1) Three persons, each of whom is a county
21 29 supervisor, county sheriff, mayor, city chief of
21 30 police, or county attorney nonsupervisory police
21 31 officer, or a chief of police of a department with less
21 32 than eleven police officers.
21 33 (2) Two persons who represent the general public
21 34 and are not employed in any law enforcement, judicial,
21 35 or corrections capacity.
21 36 (3) (2) Two persons who are knowledgeable about
21 37 Iowa's juvenile justice system.
21 38 (3) One person who represents the general public
21 39 and is not employed in any law enforcement, judicial,
21 40 or corrections capacity.
21 41 (4) One person who is either a crime victim, or who
21 42 represents a crime victim organization.
21 43 b. The departments of human services, corrections,
21 44 and public safety, the division on the status of
21 45 African=Americans, the Iowa department of public
21 46 health, the chairperson of the board of parole, the
21 47 attorney general, the state public defender, and the
21 48 governor's office of drug control policy, and the chief
21 49 justice of the supreme court shall each designate a
21 50 person to serve on the council. The person appointed
22 1 by the Iowa department of public health shall be from
22 2 the departmental staff who administer the comprehensive
22 3 substance abuse program under chapter 125.
22 4 c. The chief justice of the supreme court shall
22 5 appoint two additional members currently serving
22 6 as district judges designate one member who is a
22 7 district judge and one member who is either a district
22 8 associate judge or associate juvenile judge. Two
22 9 members of the senate and two members of the house of
22 10 representatives shall be ex officio members and shall
22 11 be appointed by the majority and minority leaders
22 12 of the senate and the speaker and minority leader
22 13 of the house of representatives pursuant to section
22 14 69.16 and shall serve terms as provided in section
22 15 69.16B. The chairperson and ranking member of the
22 16 senate committee on judiciary shall be members. In
22 17 alternating four=year intervals, the chairperson and
22 18 ranking member of the house committee on judiciary
22 19 or of the house committee on public safety shall be
22 20 members, with the chairperson and ranking member of the
22 21 house committee on public safety serving during the
22 22 initial interval. Nonlegislative members appointed
22 23 pursuant to this paragraph shall serve for four=year
22 24 terms beginning and ending as provided in section 69.19
22 25 unless the member ceases to serve as a district court
22 26 judge.
22 27 d. The Iowa county attorneys association shall
22 28 designate a person to serve on the council.
22 29 2. Members of the council shall receive
22 30 reimbursement from the state for actual and necessary
22 31 expenses incurred in the performance of their official
22 32 duties. Members may also be eligible to receive
22 33 compensation as provided in section 7E.6.
22 34 Sec. ___. Section 216A.133, subsection 1, Code
22 35 2009, is amended to read as follows:
22 36 1. Identify issues and analyze the operation and
22 37 impact of present criminal and juvenile justice policy
22 38 and make recommendations for policy changes, including
22 39 recommendations pertaining to efforts to curtail
22 40 criminal gang activity.
22 41 Sec. ___. Section 216A.133, Code 2009, is amended
22 42 by adding the following new subsections:
22 43 NEW SUBSECTION. 8. Determine members of the public
22 44 safety advisory board pursuant to section 216A.133A.
22 45 NEW SUBSECTION. 9. Coordinate with the
22 46 administrator to develop and make recommendations to
22 47 the department director pursuant to section 216A.2.
22 48 NEW SUBSECTION. 10. Serve as a liaison between the
22 49 general public and the division.
22 50 NEW SUBSECTION. 11. Establish advisory committees
23 1 to study special issues.
23 2 Sec. ___. NEW SECTION. 216A.133A Public safety
23 3 advisory board ==
23 4 duties.
23 5 1. A public safety advisory board is established
23 6 whose membership shall be determined by the criminal
23 7 and juvenile justice planning advisory council and
23 8 shall consist of current members of the council. Any
23 9 actions taken by the board shall be considered separate
23 10 and distinct from the council.
23 11 2. The purpose of the board is to provide the
23 12 general assembly with an analysis of current and
23 13 proposed criminal code provisions.
23 14 3. The duties of the board shall consist of the
23 15 following:
23 16 a. Reviewing and making recommendations relating
23 17 to current sentencing provisions. In reviewing such
23 18 provisions the board shall consider the impact on all
23 19 of the following:
23 20 (1) Potential disparity in sentencing.
23 21 (2) Truth in sentencing.
23 22 (3) Victims.
23 23 (4) The proportionality of specific sentences.
23 24 (5) Sentencing procedures.
23 25 (6) Costs associated with the implementation
23 26 of criminal code provisions, including costs to
23 27 the judicial branch, department of corrections, and
23 28 judicial district departments of correctional services,
23 29 costs for representing indigent defendants, and costs
23 30 incurred by political subdivisions of the state.
23 31 (7) Best practices related to the department of
23 32 corrections including recidivism rates, safety and
23 33 efficient use of correctional staff, and compliance
23 34 with correctional standards set by the federal
23 35 government and other jurisdictions.
23 36 (8) Best practices related to the Iowa child death
23 37 review team established in section 135.43 and the Iowa
23 38 domestic abuse death review team established in section
23 39 135.109.
23 40 b. Reviewing and making recommendations relating to
23 41 proposed legislation, in accordance with paragraph "a",
23 42 as set by rule by the general assembly or as requested
23 43 by the executive or judicial branch proposing such
23 44 legislation.
23 45 c. Providing expertise and advice to the
23 46 legislative services agency, the department of
23 47 corrections, the judicial branch, and others charged
23 48 with formulating fiscal, correctional, or minority
23 49 impact statements.
23 50 d. Reviewing data supplied by the division, the
24 1 department of management, the legislative services
24 2 agency, the Iowa supreme court, and other departments
24 3 or agencies for the purpose of determining the
24 4 effectiveness and efficiency of the collection of such
24 5 data.
24 6 4. The board may call upon any department, agency,
24 7 or office of the state, or any political subdivision
24 8 of the state, for information or assistance as needed
24 9 in the performance of its duties. The information or
24 10 assistance shall be furnished to the extent that it is
24 11 within the resources and authority of the department,
24 12 agency, office, or political subdivision. This section
24 13 does not require the production or opening of any
24 14 records which are required by law to be kept private
24 15 or confidential.
24 16 5. The board shall report to the legislative
24 17 government oversight committee all sources of funding
24 18 by December 1 of each year.
24 19 6. Membership on the board shall be bipartisan
24 20 as provided in section 69.16 and gender balanced as
24 21 provided in section 69.16A.
24 22 7. Meetings of the board shall be open to the
24 23 public as provided in chapter 21.
24 24 8. Members of the board shall receive reimbursement
24 25 from the state for actual and necessary expenses
24 26 incurred in the performance of their official duties.
24 27 Members may also be eligible to receive compensation as
24 28 provided in section 7E.6.
24 29 Sec. ___. Section 216A.135, unnumbered paragraph 1,
24 30 Code 2009, is amended to read as follows:
24 31 Beginning in 1989, and every five years thereafter,
24 32 the division shall develop a twenty=year criminal
24 33 and juvenile justice plan for the state which shall
24 34 include ten=year, fifteen=year, and twenty=year
24 35 goals and a comprehensive five=year plan for criminal
24 36 and juvenile justice programs. The five=year plan
24 37 shall be updated annually and each twenty=year plan
24 38 and annual updates of the five=year plan shall be
24 39 submitted to the governor and the general assembly by
24 40 February December 1.
24 41 Sec. ___. APPOINTMENTS TO CRIMINAL AND JUVENILE
24 42 JUSTICE PLANNING ADVISORY COUNCIL. The applicable
24 43 provisions of chapter 69 shall apply to vacant
24 44 positions on the criminal and juvenile justice planning
24 45 advisory council occurring on or after July 1, 2010.>
24 46 #50. Page 46, after line 5 by inserting:
24 47 <DIVISION ___
24 48 IOWA PUBLIC INFORMATION BOARD
24 49 <Sec. ___. Section 21.6, subsection 3, paragraph d,
24 50 Code 2009, is amended to read as follows:
25 1 d. Shall issue an order removing a member of a
25 2 governmental body from office if that member has
25 3 engaged in a prior violation of this chapter for which
25 4 damages were assessed against the member during the
25 5 member's term. In making this determination, the court
25 6 shall recognize violations for which damages were
25 7 assessed by the Iowa public information board created
25 8 in section 23.3.
25 9 Sec. ___. Section 22.10, subsection 3, paragraph d,
25 10 Code 2009, is amended to read as follows:
25 11 d. Shall issue an order removing a person from
25 12 office if that person has engaged in a prior violation
25 13 of this chapter for which damages were assessed against
25 14 the person during the person's term. In making this
25 15 determination, the court shall recognize violations
25 16 for which damages were assessed by the Iowa public
25 17 information board created in section 23.3.
25 18 Sec. ___. NEW SECTION. 23.1 Citation and purpose.
25 19 This chapter may be cited as the "Iowa Public
25 20 Information Board Act". The purpose of this chapter
25 21 is to provide an alternative means by which to secure
25 22 compliance with and enforcement of the requirements of
25 23 chapters 21 and 22 through the provision by the Iowa
25 24 public information board to all interested parties of
25 25 an efficient, informal, and cost=effective process for
25 26 resolving disputes.
25 27 Sec. ___. NEW SECTION. 23.2 Definitions.
25 28 1. "Board" means the Iowa public information board
25 29 created in section 23.3.
25 30 2. "Complainant" means a person who files a
25 31 complaint with the board.
25 32 3. "Complaint" means a written and signed document
25 33 filed with the board alleging a violation of chapter
25 34 21 or 22.
25 35 4. "Custodian" means a government body, government
25 36 official, or government employee designated as the
25 37 lawful custodian of a government record pursuant to
25 38 section 22.1.
25 39 5. "Government body" means the same as defined in
25 40 section 22.1.
25 41 6. "Person" means an individual, partnership,
25 42 association, corporation, legal representative,
25 43 trustee, receiver, custodian, government body, or
25 44 official, employee, agency, or political subdivision of
25 45 this state.
25 46 7. "Respondent" means any agency or other unit
25 47 of state or local government, custodian, government
25 48 official, or government employee who is the subject of
25 49 a complaint.
25 50 Sec. ___. NEW SECTION. 23.3 Board appointed.
26 1 1. An Iowa public information board is created
26 2 consisting of five members appointed by the governor,
26 3 subject to confirmation by the senate. Membership
26 4 shall be balanced as to political affiliation as
26 5 provided in section 69.16 and gender as provided in
26 6 section 69.16A. Members appointed to the board shall
26 7 serve staggered, four=year terms, beginning and ending
26 8 as provided by section 69.19. A quorum shall consist
26 9 of three members.
26 10 2. A vacancy on the board shall be filled by the
26 11 governor by appointment for the unexpired part of the
26 12 term. A board member may be removed from office by the
26 13 governor for good cause. The board shall select one
26 14 of its members to serve as chair and shall employ a
26 15 director who shall serve as the executive officer of
26 16 the board.
26 17 Sec. ___. NEW SECTION. 23.4 Compensation and
26 18 expenses.
26 19 Board members shall be paid a per diem as specified
26 20 in section 7E.6 and shall be reimbursed for actual and
26 21 necessary expenses incurred while on official board
26 22 business. Per diem and expenses shall be paid from
26 23 funds appropriated to the board.
26 24 Sec. ___. NEW SECTION. 23.5 Election of remedies.
26 25 1. An aggrieved person, any taxpayer to or citizen
26 26 of this state, the attorney general, or any county
26 27 attorney may seek enforcement of the requirements of
26 28 chapters 21 and 22 by electing either to file an action
26 29 pursuant to section 17A.19, 21.6, or 22.10, whichever
26 30 is applicable, or in the alternative, to file a timely
26 31 complaint with the board.
26 32 2. If more than one person seeks enforcement of
26 33 chapter 21 or 22 with respect to the same incident
26 34 involving an alleged violation, and one or more of
26 35 such persons elects to do so by filing an action under
26 36 section 17A.19, 21.6, or 22.10 and one or more of such
26 37 persons elects to do so by filing a timely complaint
26 38 with the board, the court in which the action was filed
26 39 shall dismiss the action without prejudice, authorizing
26 40 the complainant to file a complaint with respect to
26 41 the same incident with the board without regard to the
26 42 timeliness of the filing of the complaint at the time
26 43 the action in court is dismissed.
26 44 3. If a person files an action pursuant to section
26 45 22.8 seeking to enjoin the inspection of a public
26 46 record, the respondent or person requesting access to
26 47 the record which is the subject of the request for
26 48 injunction may remove the proceeding to the board for
26 49 its determination by filing, within thirty days of the
26 50 commencement of the judicial proceeding, a complaint
27 1 with the board alleging a violation of chapter 22 in
27 2 regard to the same matter.
27 3 Sec. ___. NEW SECTION. 23.6 Board powers and
27 4 duties.
27 5 The board shall have all of the following powers and
27 6 duties:
27 7 1. Employ such employees as are necessary to
27 8 execute its authority, including administrative law
27 9 judges, and attorneys to prosecute respondents in
27 10 proceedings before the board and to represent the board
27 11 in proceedings before a court. Notwithstanding section
27 12 8A.412, all of the board's employees, except for the
27 13 executive director and attorneys, shall be employed
27 14 subject to the merit system provisions of chapter 8A,
27 15 subchapter IV.
27 16 2. Adopt rules with the force of law pursuant to
27 17 chapter 17A calculated to implement, enforce, and
27 18 interpret the requirements of chapters 21 and 22 and to
27 19 implement any authority delegated to the board by this
27 20 chapter.
27 21 3. Issue, consistent with the requirements of
27 22 section 17A.9, declaratory orders with the force of law
27 23 determining the applicability of chapter 21 or 22 to
27 24 specified fact situations and issue informal advice to
27 25 any person concerning the applicability of chapters 21
27 26 and 22.
27 27 4. Receive complaints alleging violations of
27 28 chapter 21 or 22, seek resolution of such complaints
27 29 through informal assistance or through mediation and
27 30 settlement, formally investigate such complaints,
27 31 decide after such an investigation whether there is
27 32 probable cause to believe a violation of chapter 21
27 33 or 22 has occurred, and if probable cause has been
27 34 found prosecute the respondent before the board in a
27 35 contested case proceeding conducted according to the
27 36 provisions of chapter 17A.
27 37 5. Request and receive from a government body
27 38 assistance and information as necessary in the
27 39 performance of its duties. The board may examine
27 40 a record of a government body that is the subject
27 41 matter of a complaint, including any record that is
27 42 confidential by law. Confidential records provided
27 43 to the board by a governmental body shall continue
27 44 to maintain their confidential status. Any member or
27 45 employee of the board is subject to the same policies
27 46 and penalties regarding the confidentiality of the
27 47 document as an employee of the government body.
27 48 6. Issue subpoenas enforceable in court for the
27 49 purpose of investigating complaints and to facilitate
27 50 the prosecution and conduct of contested cases before
28 1 the board.
28 2 7. After appropriate board proceedings, issue
28 3 orders with the force of law, determining whether there
28 4 has been a violation of chapter 21 or 22, requiring
28 5 compliance with specified provisions of those chapters,
28 6 imposing civil penalties equivalent to and to the same
28 7 extent as those provided for in section 21.6 or 22.10,
28 8 as applicable, on a respondent who has been found in
28 9 violation of chapter 21 or 22, and imposing any other
28 10 appropriate remedies calculated to declare, terminate,
28 11 or remediate any violation of those chapters.
28 12 8. Represent itself in judicial proceedings
28 13 to enforce or defend its orders and rules through
28 14 attorneys on its own staff, through the office of the
28 15 attorney general, or through other attorneys retained
28 16 by the board, at its option.
28 17 9. Make training opportunities available to lawful
28 18 custodians, government bodies, and other persons
28 19 subject to the requirements of chapters 21 and 22 and
28 20 require, in its discretion, appropriate persons who
28 21 have responsibilities in relation to chapters 21 and 22
28 22 to receive periodic training approved by the board.
28 23 10. Disseminate information calculated to inform
28 24 members of the public about the public's right to
28 25 access government information in this state including
28 26 procedures to facilitate this access and including
28 27 information relating to the obligations of government
28 28 bodies under chapter 21 and lawful custodians under
28 29 chapter 22 and other laws dealing with this subject.
28 30 11. Prepare and transmit to the governor and to the
28 31 general assembly, at least annually, reports describing
28 32 complaints received, board proceedings, investigations,
28 33 hearings conducted, decisions rendered, and other work
28 34 performed by the board.
28 35 12. Make recommendations to the governor and the
28 36 general assembly by proposing legislation relating
28 37 to issues involving public access to meetings of a
28 38 governmental body and to records of a government body
28 39 including but not limited to recommendations relating
28 40 to the following issues:
28 41 a. The categorization of government records.
28 42 b. Public employment applications.
28 43 c. Information unduly invading personal privacy
28 44 including personal information on mailing lists and
28 45 opt=in provisions relating to such lists and personal
28 46 information in confidential personnel records of a
28 47 government body.
28 48 d. Tentative, preliminary, or draft material.
28 49 e. Serial meetings of less than a majority of a
28 50 governmental body.
29 1 f. Definitions of what constitutes a governmental
29 2 body for purposes of chapter 21 and what constitutes a
29 3 government body for purposes of chapter 22.
29 4 13. Aid the general assembly in evaluating the
29 5 impact of legislation affecting public access to
29 6 government information.
29 7 14. Conduct public hearings, conferences,
29 8 workshops, and other meetings as necessary to address
29 9 problems and suggest solutions concerning access to
29 10 government information and proceedings.
29 11 15. Review the collection, maintenance, and use of
29 12 government records by lawful custodians to ensure that
29 13 confidential records and information are handled to
29 14 adequately protect personal privacy interests.
29 15 Sec. ___. NEW SECTION. 23.7 Filing of complaints
29 16 with the board.
29 17 1. The board shall adopt rules with the force
29 18 of law and pursuant to chapter 17A providing for the
29 19 timing, form, content, and means by which any aggrieved
29 20 person, any taxpayer to or citizen of this state,
29 21 the attorney general, or any county attorney may file
29 22 a complaint with the board alleging a violation of
29 23 chapter 21 or 22. The complaint must be filed within
29 24 sixty days from the time the alleged violation occurred
29 25 or the complainant could have become aware of the
29 26 violation with reasonable diligence. All complaints
29 27 filed with the board shall be public records.
29 28 2. All board proceedings in response to the filing
29 29 of a complaint shall be conducted as expeditiously as
29 30 possible.
29 31 3. The board shall not charge a complainant any
29 32 fee in relation to the filing of a complaint, the
29 33 processing of a complaint, or any board proceeding or
29 34 judicial proceeding resulting from the filing of a
29 35 complaint.
29 36 Sec. ___. NEW SECTION. 23.8 Initial processing of
29 37 complaint.
29 38 Upon receipt of a complaint alleging a violation
29 39 of chapter 21 or 22, the board shall do either of the
29 40 following:
29 41 1. Determine that, on its face, the complaint
29 42 is within the board's jurisdiction, appears legally
29 43 sufficient, and could have merit. In such a case the
29 44 board shall accept the complaint, and shall notify the
29 45 parties of that fact in writing.
29 46 2. Determine that, on its face, the complaint is
29 47 outside its jurisdiction, is legally insufficient, is
29 48 frivolous, is without merit, involves harmless error,
29 49 or relates to a specific incident that has previously
29 50 been finally disposed of on its merits by the board or
30 1 a court. In such a case the board shall decline to
30 2 accept the complaint. If the board refuses to accept a
30 3 complaint, the board shall provide the complainant with
30 4 a written order explaining its reasons for the action.
30 5 Sec. ___. NEW SECTION. 23.9 Informal assistance ==
30 6 mediation and settlement.
30 7 1. After accepting a complaint, the board shall
30 8 promptly work with the parties through its employees
30 9 to reach an informal, expeditious resolution of the
30 10 complaint. If an informal resolution satisfactory to
30 11 the parties cannot be reached, the board or the board's
30 12 designee shall offer the parties an opportunity to
30 13 resolve the dispute through mediation and settlement.
30 14 2. The mediation and settlement process shall
30 15 enable the complainant to attempt to resolve the
30 16 dispute with the aid of a neutral mediator employed and
30 17 selected by the board, in its discretion, from either
30 18 its own staff or an outside source.
30 19 3. Mediation shall be conducted as an informal,
30 20 nonadversarial process and in a manner calculated
30 21 to help the parties reach a mutually acceptable and
30 22 voluntary settlement agreement. The mediator shall
30 23 assist the parties in identifying issues and shall
30 24 foster joint problem solving and the exploration of
30 25 settlement alternatives.
30 26 Sec. ___. NEW SECTION. 23.10 Enforcement.
30 27 1. If any party declines mediation or settlement or
30 28 if mediation or settlement fails to resolve the matter
30 29 to the satisfaction of all parties, the board shall
30 30 initiate a formal investigation concerning the facts
30 31 and circumstances set forth in the complaint. The
30 32 board shall, after an appropriate investigation, make
30 33 a determination as to whether the complaint is within
30 34 the board's jurisdiction and whether there is probable
30 35 cause to believe that the facts and circumstances
30 36 alleged in the complaint constitute a violation of
30 37 chapter 21 or 22.
30 38 2. If the board finds the complaint is outside the
30 39 board's jurisdiction or there is no probable cause to
30 40 believe there has been a violation of chapter 21 or 22,
30 41 the board shall issue a written order explaining the
30 42 reasons for the board's conclusions and dismissing the
30 43 complaint, and shall transmit a copy to the complainant
30 44 and to the party against whom the complaint was filed.
30 45 3. a. If the board finds the complaint is within
30 46 the board's jurisdiction and there is probable cause
30 47 to believe there has been a violation of chapter 21
30 48 or 22, the board shall issue a written order to that
30 49 effect and shall commence a contested case proceeding
30 50 under chapter 17A against the respondent. An attorney
31 1 selected by the director of the board shall prosecute
31 2 the respondent in the contested case proceeding. At
31 3 the termination of the contested case proceeding the
31 4 board shall, by a majority vote of its members, render
31 5 a final decision as to the merits of the complaint. If
31 6 the board finds that the complaint has merit, the board
31 7 may issue any appropriate order to ensure enforcement
31 8 of chapter 21 or 22 including but not limited to
31 9 an order requiring specified action or prohibiting
31 10 specified action and any appropriate order to remedy
31 11 any failure of the respondent to observe any provision
31 12 of those chapters.
31 13 b. If the board determines, by a majority vote of
31 14 its members, that the respondent has violated chapter
31 15 21 or 22, the board may also do any or all of the
31 16 following:
31 17 (1) Require the respondent to pay damages as
31 18 provided for in section 21.6 or 22.10, whichever is
31 19 applicable, to the extent that provision would make
31 20 such damages payable if the complainant had sought to
31 21 enforce a violation in court instead of through the
31 22 board.
31 23 (2) Void any action taken in violation of chapter
31 24 21 if a court would be authorized to do so in similar
31 25 circumstances pursuant to section 21.6.
31 26 c. The board shall not have the authority to remove
31 27 a person from public office for a violation of chapter
31 28 21 or 22. The board may file an action under chapter
31 29 21 or 22 to remove a person from office for violations
31 30 that would subject a person to removal under those
31 31 chapters.
31 32 d. A final board order resulting from such
31 33 proceedings may be enforced by the board in court
31 34 and is subject to judicial review pursuant to section
31 35 17A.19.
31 36 Sec. ___. NEW SECTION. 23.11 Defenses in a
31 37 contested case proceeding.
31 38 A respondent may defend against a proceeding before
31 39 the board charging a violation of chapter 21 or 22
31 40 on the ground that if such a violation occurred it
31 41 was only harmless error or that clear and convincing
31 42 evidence demonstrated that grounds existed to justify
31 43 a court to issue an injunction against disclosure
31 44 pursuant to section 22.8.
31 45 Sec. ___. NEW SECTION. 23.12 Jurisdiction.
31 46 The board shall not have jurisdiction over the
31 47 judicial or legislative branches of state government or
31 48 any entity, officer, or employee of those branches, or
31 49 over the governor or the office of the governor.
31 50 Sec. ___. IOWA PUBLIC INFORMATION BOARD ==
32 1 TRANSITION PROVISIONS.
32 2 1. The initial members of the Iowa public
32 3 information board established pursuant to this Act
32 4 shall be appointed by September 1, 2010.
32 5 2. Notwithstanding any provision of this Act to the
32 6 contrary, the director of the board and employees of
32 7 the board shall not be hired prior to July 1, 2011.
32 8 3. Prior to January 15, 2011, the board shall
32 9 submit a report to the governor and the general
32 10 assembly. The report shall include a job description
32 11 for the executive director of the board, goals for
32 12 board operations, and performance measures to measure
32 13 achievement of the board's goals.
32 14 4. Implementation of the Iowa public information
32 15 board is limited to the extent of the funding
32 16 available. The legislative services agency shall
32 17 provide transitional administrative support to the
32 18 board for the fiscal year beginning July 1, 2010, and
32 19 ending June 30, 2011.
32 20 Sec. ___. EFFECTIVE DATE. Except for the section
32 21 of this Act establishing transition provisions for the
32 22 Iowa public information board, this division of this
32 23 Act takes effect July 1, 2011.>
32 24 #51. Page 46, after line 5 by inserting:
32 25 <DIVISION ___
32 26 WORKPLACE ACCOMODATIONS
32 27 Sec. ___. NEW SECTION. 91F.1 Short title.
32 28 This chapter shall be known and may be cited as the
32 29 "Family Friendly Workplace Act".
32 30 Sec. ___. NEW SECTION. 91F.2 Definitions.
32 31 1. "Employer" means a person engaged in a business
32 32 who has one or more employees and also includes the
32 33 state of Iowa, a department or agency thereof, and any
32 34 political subdivision of the state.
32 35 2. "Reasonable efforts" means any effort that would
32 36 not impose an undue hardship on the operation of the
32 37 employer's business.
32 38 3. "Undue hardship" means any action that requires
32 39 significant difficulty, compromises the safety of other
32 40 employees, requires temporary facility closure, or
32 41 results in expenditures exceeding five hundred dollars,
32 42 exclusive of the costs of additional labor or unpaid
32 43 leave costs.
32 44 Sec. ___. NEW SECTION. 91F.3 Right to express
32 45 breast milk in workplace == private location.
32 46 1. An employer shall provide reasonable unpaid
32 47 break time or permit an employee to use paid break
32 48 time, meal time, or both, each day, to allow the
32 49 employee to express breast milk for the employee's
32 50 nursing child for up to two years after the child's
33 1 birth.
33 2 2. The employer shall make reasonable efforts
33 3 to provide a place, other than a toilet stall, which
33 4 is shielded from view and free from intrusion from
33 5 coworkers and the public, that may be used by an
33 6 employee to express breast milk in privacy.
33 7 3. An employer who makes reasonable efforts
33 8 to accommodate an employee who chooses to express
33 9 breast milk in the workplace shall be deemed to be in
33 10 compliance with the requirements of this section.
33 11 4. The department of workforce development shall
33 12 provide on its internet site information and links
33 13 to other internet sites where employers can access
33 14 information regarding methods to accommodate employees
33 15 who express breast milk in the workplace. The
33 16 department shall consult with appropriate organizations
33 17 or associations to determine the appropriate
33 18 information and internet site links so as to provide
33 19 employers with the most accurate and useful information
33 20 available.
33 21 Sec. ___. Section 91.5, Code 2009, is amended to
33 22 read as follows:
33 23 91.5 Other duties == jurisdiction in general.
33 24 The commissioner shall have jurisdiction and it
33 25 shall be the commissioner's duty to supervise the
33 26 enforcement of:
33 27 1. All laws relating to safety appliances
33 28 and inspection thereof and health conditions in
33 29 manufacturing and mercantile establishments, workshops,
33 30 machine shops, other industrial concerns within the
33 31 commissioner's jurisdiction and sanitation and shelter
33 32 for railway employees.
33 33 2. All laws of the state relating to child labor.
33 34 3. All laws relating to employment agencies.
33 35 4. All laws relating to expressing breast milk in
33 36 the workplace.
33 37 4. 5. Such other provisions of law as are now
33 38 or shall hereafter be within the commissioner's
33 39 jurisdiction.>
33 40 #52. Page 46, after line 5 by inserting:
33 41 <DIVISION ___
33 42 INCOME TAX CHECKOFFS
33 43 Sec. ___. Section 235A.2, subsection 1, Code 2009,
33 44 is amended to read as follows:
33 45 1. A child abuse prevention program fund is
33 46 created in the state treasury under the control of the
33 47 department of human services. The fund is composed of
33 48 moneys appropriated or available to and obtained or
33 49 accepted by the treasurer of state for deposit in the
33 50 fund. The fund shall include moneys transferred to
34 1 the fund as provided in section 422.12K 422.12F. All
34 2 interest earned on moneys in the fund shall be credited
34 3 to and remain in the fund. Section 8.33 does not apply
34 4 to moneys in the fund.
34 5 Sec. ___. NEW SECTION. 422.12F Income tax checkoff
34 6 for child abuse prevention program fund.
34 7 1. A person who files an individual or a joint
34 8 income tax return with the department of revenue under
34 9 section 422.13 may designate one dollar or more to be
34 10 paid to the child abuse prevention program fund created
34 11 in section 235A.2. If the refund due on the return or
34 12 the payment remitted with the return is insufficient to
34 13 pay the additional amount designated by the taxpayer
34 14 to the child abuse prevention program fund, the
34 15 amount designated shall be reduced to the remaining
34 16 amount remitted with the return. The designation of a
34 17 contribution to the child abuse prevention program fund
34 18 under this section is irrevocable.
34 19 2. The director of revenue shall draft the income
34 20 tax form to allow the designation of contributions
34 21 to the child abuse prevention program fund on the
34 22 tax return. The department of revenue, on or before
34 23 January 31, shall transfer the total amount designated
34 24 on the tax return forms due in the preceding calendar
34 25 year to the child abuse prevention program fund.
34 26 However, before a checkoff pursuant to this section
34 27 shall be permitted, all liabilities on the books of
34 28 the department of administrative services and accounts
34 29 identified as owing under section 8A.504 and the
34 30 political contribution allowed under section 68A.601
34 31 shall be satisfied.
34 32 3. The department of human services may authorize
34 33 payment of moneys from the child abuse prevention
34 34 program fund, in accordance with section 235A.2.
34 35 4. The department of revenue shall adopt rules to
34 36 administer this section.
34 37 5. This section is subject to repeal under section
34 38 422.12E.
34 39 Sec. ___. NEW SECTION. 422.12G Joint income tax
34 40 refund checkoff for veterans trust fund and volunteer
34 41 fire fighter preparedness fund.
34 42 1. A person who files an individual or a joint
34 43 income tax return with the department of revenue under
34 44 section 422.13 may designate one dollar or more to
34 45 be paid jointly to the veterans trust fund created
34 46 in section 35A.13 and to the volunteer fire fighter
34 47 preparedness fund created in section 100B.13. If the
34 48 refund due on the return or the payment remitted with
34 49 the return is insufficient to pay the additional amount
34 50 designated by the taxpayer, the amount designated
35 1 shall be reduced to the remaining amount of refund or
35 2 the remaining amount remitted with the return. The
35 3 designation of a contribution under this section is
35 4 irrevocable.
35 5 2. The director of revenue shall draft the income
35 6 tax form to allow the designation of contributions
35 7 to the veterans trust fund and to the volunteer fire
35 8 fighter preparedness fund as one checkoff on the
35 9 tax return. The department of revenue, on or before
35 10 January 31, shall transfer one=half of the total
35 11 amount designated on the tax return forms due in the
35 12 preceding calendar year to the veterans trust fund and
35 13 the remaining one=half to the volunteer fire fighter
35 14 preparedness fund. However, before a checkoff pursuant
35 15 to this section shall be permitted, all liabilities on
35 16 the books of the department of administrative services
35 17 and accounts identified as owing under section 8A.504
35 18 and the political contribution allowed under section
35 19 68A.601 shall be satisfied.
35 20 3. The department of revenue shall adopt rules to
35 21 administer this section.
35 22 4. This section is subject to repeal under section
35 23 422.12E.
35 24 Sec. ___. REPEAL. Section 422.12L, Code 2009, is
35 25 repealed.
35 26 Sec. ___. REPEAL. Section 422.12K, Code Supplement
35 27 2009, is repealed.
35 28 Sec. ___. RETROACTIVE APPLICABILITY. This division
35 29 of this Act applies retroactively to January 1, 2010,
35 30 for tax years beginning on or after that date.
35 31 #53. Page 46, after line 5 by inserting:
35 32 <DIVISION ___
35 33 WINE
35 34 Section 1. Section 123.183, Code 2009, is amended
35 35 to read as follows:
35 36 123.183 Wine gallonage tax and related funds.
35 37 1. In addition to the annual permit fee to be paid
35 38 by each class "A" wine permittee, a wine gallonage tax
35 39 shall be levied and collected from each class "A" wine
35 40 permittee on all wine manufactured for sale and sold
35 41 in this state at wholesale and on all wine imported
35 42 into this state for sale at wholesale and sold in this
35 43 state at wholesale. A wine gallonage tax shall also
35 44 be levied and collected on the direct shipment of wine
35 45 pursuant to section 123.187. The rate of the wine
35 46 gallonage tax is one dollar and seventy=five cents for
35 47 each wine gallon. The same rate shall apply for the
35 48 fractional parts of a wine gallon. The wine gallonage
35 49 tax shall not be levied or collected on wine sold by
35 50 one class "A" wine permittee to another class "A" wine
36 1 permittee.
36 2 2. a. Revenue collected from the wine gallonage
36 3 tax on wine manufactured for sale and sold in this
36 4 state, and on wine subject to direct shipment as
36 5 provided in section 123.187 by a wine manufacturer
36 6 licensed or permitted pursuant to laws regulating
36 7 alcoholic beverages in this state, shall be deposited
36 8 in the wine gallonage tax fund as created in this
36 9 section.
36 10 b. A wine gallonage tax fund is created in the
36 11 office of the treasurer of state. Moneys deposited in
36 12 the fund are appropriated to the department of economic
36 13 development as provided in section 15E.117. Moneys in
36 14 the fund are not subject to section 8.33.
36 15 3. The revenue collected from the wine gallonage
36 16 tax on wine imported into this state for sale at
36 17 wholesale and sold in this state at wholesale, and on
36 18 wine subject to direct shipment as provided in section
36 19 123.187 by a wine manufacturer licensed or permitted
36 20 pursuant to laws regulating alcoholic beverages in
36 21 another state, shall be deposited in the beer and
36 22 liquor control fund created in section 123.53.
36 23 Sec. ___. Section 123.187, subsection 4, as enacted
36 24 by 2010 Iowa Acts, Senate File 2088, section 100, is
36 25 amended to read as follows:
36 26 4.a. In addition to the annual license fee,
36 27 a wine direct shipper licensee shall remit to the
36 28 division an amount equivalent to the wine gallonage
36 29 tax on wine subject to direct shipment at the rate
36 30 specified in section 123.183 for deposit as provided in
36 31 section 123.183, subsections 2 and 3. The amount shall
36 32 be remitted at the same time and in the same manner
36 33 as provided in section 123.184, and the ten percent
36 34 penalty specified therein shall be applicable.
36 35 b. Shipment of wine pursuant to this subsection
36 36 does not require a refund value for beverage container
36 37 control purposes under chapter 455C.>
36 38 #54. Page 46, after line 5 by inserting:
36 39 <DIVISION ___
36 40 MEDICATION THERAPY MANAGEMENT
36 41 Sec. ___. MEDICATION THERAPY MANAGEMENT == PILOT ==
36 42 REPEAL.
36 43 1. As used in this section unless the context
36 44 otherwise requires:
36 45 a. "Eligible employee" means an employee of the
36 46 state, with the exception of an employee of the state
36 47 board of regents or institutions under the state board
36 48 of regents, for whom group health plans are established
36 49 pursuant to chapter 509A providing for third=party
36 50 payment or prepayment for health or medical expenses.
37 1 b. "Medication therapy management" means a
37 2 systematic process performed by a licensed pharmacist,
37 3 designed to optimize therapeutic outcomes through
37 4 improved medication use and reduced risk of adverse
37 5 drug events, including all of the following services:
37 6 (1) A medication therapy review and in=person
37 7 consultation relating to all medications, vitamins, and
37 8 herbal supplements currently being taken by an eligible
37 9 individual.
37 10 (2) A medication action plan, subject to the
37 11 limitations specified in this section, communicated
37 12 to the individual and the individual's primary care
37 13 physician or other appropriate prescriber to address
37 14 safety issues, inconsistencies, duplicative therapy,
37 15 omissions, and medication costs. The medication action
37 16 plan may include recommendations to the prescriber for
37 17 changes in drug therapy.
37 18 (3) Documentation and follow=up to ensure
37 19 consistent levels of pharmacy services and positive
37 20 outcomes.
37 21 2. a. Prior to July 1, 2010, the department of
37 22 administrative services shall utilize a request for
37 23 proposals process to contract for the provision of
37 24 medication therapy management services beginning July
37 25 1, 2010, for eligible employees who meet any of the
37 26 following criteria:
37 27 (1) An individual who takes four or more
37 28 prescription drugs to treat or prevent two or more
37 29 chronic medical conditions.
37 30 (2) An individual with a prescription drug therapy
37 31 problem who is identified by the prescribing physician
37 32 or other appropriate prescriber, and referred to a
37 33 pharmacist for medication therapy management services.
37 34 (3) An individual who meets other criteria
37 35 established by the third=party payment provider
37 36 contract, policy, or plan.
37 37 b. The department of administrative services shall
37 38 utilize an advisory committee comprised of an equal
37 39 number of physicians and pharmacists to provide advice
37 40 and oversight regarding the request for proposals and
37 41 evaluation processes. The department shall appoint the
37 42 members of the advisory council based upon designees
37 43 of the Iowa pharmacy association, the Iowa medical
37 44 society, and the Iowa osteopathic medical association.
37 45 c. The contract shall require the company to
37 46 provide annual reports to the general assembly
37 47 detailing the costs, savings, estimated cost avoidance
37 48 and return on investment, and patient outcomes
37 49 related to the medication therapy management services
37 50 provided. The company shall guarantee demonstrated
38 1 annual savings, including any savings associated with
38 2 cost avoidance at least equal to the program's costs
38 3 with any shortfall amount refunded to the state. As
38 4 a proof of concept in the program for the period
38 5 beginning July 1, 2010, and ending June 30, 2011, the
38 6 company shall offer a dollar=for=dollar guarantee for
38 7 drug product costs savings alone. Prior to entering
38 8 into a contract with a company, the department and
38 9 the company shall agree on the terms, conditions,
38 10 and applicable measurement standards associated
38 11 with the demonstration of savings. The department
38 12 shall verify the demonstrated savings reported by
38 13 the company was performed in accordance with the
38 14 agreed upon measurement standards. The company shall
38 15 be prohibited from using the company's employees to
38 16 provide the medication therapy management services and
38 17 shall instead be required to contract with licensed
38 18 pharmacies, pharmacists, or physicians.
38 19 d. The fees for pharmacist=delivered medication
38 20 therapy management services shall be separate from
38 21 the reimbursement for prescription drug product or
38 22 dispensing services; shall be determined by each
38 23 third=party payment provider contract, policy, or plan;
38 24 and must be reasonable based on the resources and time
38 25 required to provide the service.
38 26 e. A fee shall be established for physician
38 27 reimbursement for services delivered for medication
38 28 therapy management as determined by each third=party
38 29 payment provider contract, policy, or plan, and must be
38 30 reasonable based on the resources and time required to
38 31 provide the service.
38 32 f. If any part of the medication therapy management
38 33 plan developed by a pharmacist incorporates services
38 34 which are outside the pharmacist's independent scope
38 35 of practice including the initiation of therapy,
38 36 modification of dosages, therapeutic interchange, or
38 37 changes in drug therapy, the express authorization
38 38 of the individual's physician or other appropriate
38 39 prescriber is required.
38 40 3. This section is repealed December 31, 2011.
38 41 Sec. ___. DEPARTMENT OF ADMINISTRATIVE SERVICES ==
38 42 IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE
38 43 TANK FUND. There is appropriated from the Iowa
38 44 comprehensive petroleum underground storage tank
38 45 fund created in section 455G.3 to the department of
38 46 administrative services for the fiscal year beginning
38 47 July 1, 2010, and ending June 30, 2011, the following
38 48 amount, or so much thereof as is necessary, to be used
38 49 for the purposes of this division, notwithstanding
38 50 section 455G.3, subsection 1:
39 1 .................................................. $ 543,000
39 2 Sec. ___. EFFECTIVE UPON ENACTMENT. This division
39 3 of this Act, being deemed of immediate importance,
39 4 takes effect upon enactment.>
39 5 #55. Page 46, after line 5 by inserting:
39 6 <DIVISION ___
39 7 IOWA COMPREHENSIVE PETROLEUM
39 8 UNDERGROUND STORAGE TANK FUND
39 9 Sec. ___. Section 455B.474, subsection 1, paragraph
39 10 d, subparagraph (2), unnumbered paragraph 1, Code
39 11 Supplement 2009, is amended to read as follows:
39 12 A site shall be classified as either high risk,
39 13 low risk, or no action required, as determined by a
39 14 certified groundwater professional.
39 15 Sec. ___. Section 455B.474, subsection 1, paragraph
39 16 d, subparagraph (2), subparagraph division (a),
39 17 unnumbered paragraph 1, Code Supplement 2009, is
39 18 amended to read as follows:
39 19 A site shall be considered high risk when it is
39 20 determined a certified groundwater professional
39 21 determines that contamination from the site presents an
39 22 unreasonable risk to public health and safety or the
39 23 environment under any of the following conditions:
39 24 Sec. ___. Section 455B.474, subsection 1, paragraph
39 25 d, subparagraph (2), subparagraph division (b),
39 26 unnumbered paragraph 1, Code Supplement 2009, is
39 27 amended to read as follows:
39 28 A site shall be considered low risk under any of
39 29 the following conditions when a certified groundwater
39 30 professional determines that low risk conditions exist
39 31 as follows:
39 32 Sec. ___. Section 455B.474, subsection 1, paragraph
39 33 d, subparagraph (2), subparagraph divisions (c) and
39 34 (e), Code Supplement 2009, are amended to read as
39 35 follows:
39 36 (c) A site shall be considered no action required
39 37 if and a no further action certificate shall be
39 38 issued by the department when a certified groundwater
39 39 professional determines that contamination is below
39 40 action level standards and high or low risk conditions
39 41 do not exist and are not likely to occur.
39 42 (e) A site cleanup report which classifies a
39 43 site as either high risk, low risk, or no action
39 44 required shall be submitted by a groundwater
39 45 professional to the department with a certification
39 46 that the report complies with the provisions of this
39 47 chapter and rules adopted by the department. The
39 48 report shall be determinative of the appropriate
39 49 classification of the site. However, if the report
39 50 is found to be and the site shall be classified as
40 1 indicated by the groundwater professional unless,
40 2 within ninety days of receipt by the department,
40 3 the department identifies material information in
40 4 the report that is inaccurate or incomplete, and
40 5 if based upon inaccurate or incomplete information
40 6 in the report the risk classification of the site
40 7 cannot be reasonably determined by the department
40 8 based upon industry standards, the department shall.
40 9 If the department determines that the site cleanup
40 10 report is inaccurate or incomplete, the department
40 11 shall notify the groundwater professional of the
40 12 inaccurate or incomplete information within ninety
40 13 days of receipt of the report and shall work with
40 14 the groundwater professional to obtain the correct
40 15 information or additional information necessary
40 16 to appropriately classify the site. However, from
40 17 July 1, 2010, through June 30, 2011, the department
40 18 shall have one hundred twenty days to notify the
40 19 certified groundwater professional when a report is
40 20 not accepted based on material information that is
40 21 found to be inaccurate or incomplete. A groundwater
40 22 professional who knowingly or intentionally makes a
40 23 false statement or misrepresentation which results in
40 24 a mistaken classification of a site shall be guilty of
40 25 a serious misdemeanor and shall have the groundwater
40 26 professional's certification revoked under this
40 27 section.
40 28 Sec. ___. Section 455B.474, subsection 1, paragraph
40 29 f, subparagraphs (5), (6), and (7), Code Supplement
40 30 2009, are amended to read as follows:
40 31 (5) A corrective action design report submitted by
40 32 a groundwater professional shall be accepted by the
40 33 department and shall be primarily relied upon by the
40 34 department to determine the corrective action response
40 35 requirements of the site. However, if the corrective
40 36 action design report is found to be within ninety days
40 37 of receipt of a corrective action design report, the
40 38 department identifies material information in the
40 39 corrective action design report that is inaccurate or
40 40 incomplete, and if based upon information in the report
40 41 the appropriate corrective action response cannot be
40 42 reasonably determined by the department based upon
40 43 industry standards, the department shall notify the
40 44 groundwater professional that the corrective action
40 45 design report is not accepted, and the department
40 46 shall work with the groundwater professional to correct
40 47 the material information or to obtain the additional
40 48 information necessary to appropriately determine the
40 49 corrective action response requirements as soon as
40 50 practicable. However, from July 1, 2010, through June
41 1 30, 2011, the department shall have one hundred twenty
41 2 days to notify the certified groundwater professional
41 3 when a corrective action design report is not accepted
41 4 based on material information that is found to be
41 5 inaccurate or incomplete. A groundwater professional
41 6 who knowingly or intentionally makes a false statement
41 7 or misrepresentation which results in an improper or
41 8 incorrect corrective action response shall be guilty of
41 9 a serious misdemeanor and shall have the groundwater
41 10 professional's certification revoked under this
41 11 section.
41 12 (6) Low risk sites shall be monitored as deemed
41 13 necessary by the department consistent with industry
41 14 standards. Monitoring shall not be required on a site
41 15 which has received a no further action certificate.
41 16 A site that has maintained less than the applicable
41 17 target level for four consecutive sampling events shall
41 18 be reclassified as a no action required site regardless
41 19 of exit monitoring criteria and guidance.
41 20 (7) An owner or operator may elect to proceed with
41 21 additional corrective action on the site. However,
41 22 any action taken in addition to that required pursuant
41 23 to this paragraph "f" shall be solely at the expense
41 24 of the owner or operator and shall not be considered
41 25 corrective action for purposes of section 455G.9,
41 26 unless otherwise previously agreed to by the board
41 27 and the owner or operator pursuant to section 455G.9,
41 28 subsection 7. Corrective action taken by an owner or
41 29 operator due to the department's failure to meet the
41 30 time requirements provided in subparagraph (5), shall
41 31 be considered corrective action for purposes of section
41 32 455G.9.
41 33 Sec. ___. Section 455B.474, subsection 1, paragraph
41 34 h, subparagraphs (1) and (3), Code Supplement 2009, are
41 35 amended to read as follows:
41 36 (1) A no further action certificate shall be
41 37 issued by the department for a site which has been
41 38 classified as a no further action site or which
41 39 has been reclassified pursuant to completion of a
41 40 corrective action plan or monitoring plan to be a no
41 41 further action site by a groundwater professional,
41 42 unless within ninety days of receipt of the report
41 43 submitted by the groundwater professional classifying
41 44 the site, the department notifies the groundwater
41 45 professional that the report and site classification
41 46 are not accepted and the department identifies
41 47 material information in the report that is inaccurate
41 48 or incomplete which causes the department to be
41 49 unable to accept the classification of the site.
41 50 An owner or operator shall not be responsible for
42 1 additional assessment, monitoring, or corrective
42 2 action activities at a site that is issued a no further
42 3 action certificate unless it is determined that the
42 4 certificate was issued based upon false material
42 5 statements that were knowingly or intentionally made
42 6 by a groundwater professional and the false material
42 7 statements resulted in the incorrect classification of
42 8 the site.
42 9 (3) A certificate shall be recorded with the county
42 10 recorder. The owner or operator of a site who has been
42 11 issued a certificate under this paragraph "h" or a
42 12 subsequent purchaser of the site shall not be required
42 13 to perform further corrective action solely because
42 14 action standards are changed at a later date. A
42 15 certificate shall not prevent the department from
42 16 ordering corrective action of a new release.
42 17 Sec. ___. Section 455B.479, Code 2009, is amended
42 18 to read as follows:
42 19 455B.479 Storage tank management fee.
42 20 An owner or operator of an underground storage
42 21 tank shall pay an annual storage tank management fee
42 22 of sixty=five dollars per tank of over one thousand
42 23 one hundred gallons capacity. Twenty=three percent
42 24 of the The fees collected shall be deposited in the
42 25 storage tank management account of the groundwater
42 26 protection fund. Seventy=seven percent of the fees
42 27 collected shall be deposited in the Iowa comprehensive
42 28 petroleum underground storage tank fund created in
42 29 chapter 455G.
42 30 Sec. ___. Section 455E.11, subsection 2, paragraph
42 31 d, Code Supplement 2009, is amended to read as follows:
42 32 d. A storage tank management account. All fees
42 33 collected pursuant to section 455B.473, subsection 5,
42 34 and section 455B.479, shall be deposited in the storage
42 35 tank management account, except those moneys deposited
42 36 into the Iowa comprehensive petroleum underground
42 37 storage tank fund pursuant to section 455B.479. Funds.
42 38 Moneys deposited in the account shall be expended for
42 39 the following purposes:
42 40 (1) One thousand dollars is appropriated annually
42 41 to the Iowa department of public health to carry out
42 42 departmental duties under section 135.11, subsections
42 43 19 and 20, and section 139A.21.
42 44 (2) Twenty=three percent of the proceeds of the
42 45 fees imposed pursuant to section 455B.473, subsection
42 46 5, and section 455B.479 shall be deposited in the
42 47 account annually, up to a maximum of three hundred
42 48 fifty thousand dollars. If twenty=three percent of the
42 49 proceeds exceeds three hundred fifty thousand dollars,
42 50 the excess shall be deposited into the fund created in
43 1 section 455G.3. Three hundred fifty thousand dollars
43 2 is The moneys remaining in the account after the
43 3 appropriation in subparagraph (1) are appropriated from
43 4 the storage tank management account to the department
43 5 of natural resources for the administration of a state
43 6 storage tank program pursuant to chapter 455B, division
43 7 IV, part 8, and for programs which reduce the potential
43 8 for harm to the environment and the public health from
43 9 storage tanks.
43 10 (3) The remaining funds in the account are
43 11 appropriated annually to the Iowa comprehensive
43 12 petroleum underground storage tank fund. Each fiscal
43 13 year, the department of natural resources shall enter
43 14 into an agreement with the Iowa comprehensive petroleum
43 15 underground storage tank fund for the completion
43 16 of administrative tasks during the fiscal year
43 17 directly related to the evaluation and modification
43 18 of risk based corrective action rules as necessary
43 19 and processes that affect the administration in
43 20 subparagraph (2).
43 21 Sec. ___. Section 455G.3, Code 2009, is amended by
43 22 adding the following new subsections:
43 23 NEW SUBSECTION. 6. For the fiscal year beginning
43 24 July 1, 2010, and each fiscal year thereafter, there
43 25 is appropriated from the Iowa comprehensive petroleum
43 26 underground storage tank fund to the department of
43 27 natural resources two hundred thousand dollars for
43 28 purposes of technical review support to be conducted
43 29 by nongovernmental entities for leaking underground
43 30 storage tank assessments.
43 31 NEW SUBSECTION. 7. For the fiscal year beginning
43 32 July 1, 2010, there is appropriated from the Iowa
43 33 comprehensive petroleum underground storage tank fund
43 34 to the department of natural resources one hundred
43 35 thousand dollars for purposes of database modifications
43 36 necessary to accept batched external data regarding
43 37 underground storage tank inspections conducted by
43 38 nongovernmental entities.
43 39 NEW SUBSECTION. 8. For the fiscal year beginning
43 40 July 1, 2010, and each fiscal year thereafter, there
43 41 is appropriated from the Iowa comprehensive petroleum
43 42 underground storage tank fund to the department of
43 43 agriculture and land stewardship two hundred fifty
43 44 thousand dollars for the sole and exclusive purpose
43 45 of inspecting fuel quality at pipeline terminals
43 46 and renewable fuel production facilities, including
43 47 salaries, support, maintenance, and miscellaneous
43 48 purposes.
43 49 NEW SUBSECTION. 9. Beginning September 1, 2010,
43 50 the board shall administer safety training, hazardous
44 1 material training, environmental training, and
44 2 underground storage tank operator training in the
44 3 state to be provided by an entity approved by the
44 4 department of natural resources. The training provided
44 5 pursuant to this subsection shall be available to any
44 6 tank operator in the state at an equal and reasonable
44 7 cost and shall not be conditioned upon any other
44 8 requirements. Each fiscal year, the board shall not
44 9 expend more than two hundred fifty thousand dollars
44 10 from the Iowa comprehensive petroleum underground
44 11 storage tank fund for purposes of administering this
44 12 subsection.
44 13 Sec. ___. Section 455G.4, subsection 1, paragraph
44 14 a, subparagraphs (3) and (5), Code Supplement 2009, are
44 15 amended to read as follows:
44 16 (3) The commissioner of insurance, or the
44 17 commissioner's designee. An employee of the department
44 18 of management who has been designated as a risk manager
44 19 by the director of the department of management.
44 20 (5) Two owners or operators appointed by the
44 21 governor. One of the owners or operators appointed
44 22 pursuant to this subparagraph shall have been a
44 23 petroleum systems insured through the underground
44 24 storage tank insurance fund as it existed on June 30,
44 25 2004, or a successor to the underground storage tank
44 26 insurance fund and shall have been an insured through
44 27 the insurance account of the comprehensive petroleum
44 28 underground storage tank fund on or before October
44 29 26, 1990. One of the owners or operators appointed
44 30 pursuant to this subparagraph shall be self=insured. as
44 31 follows:
44 32 (a) One member shall be an owner or operator who is
44 33 self=insured.
44 34 (b) One member shall be a member of the petroleum
44 35 marketers and convenience stores of Iowa or its
44 36 designee.
44 37 Sec. ___. Section 455G.8, subsection 3, Code 2009,
44 38 is amended by striking the subsection.
44 39 Sec. ___. Section 455G.9, subsection 1, paragraphs
44 40 d, k, and l, Code 2009, are amended to read as follows:
44 41 d. One hundred percent of the costs of corrective
44 42 action and third=party liability for a release situated
44 43 on property acquired by a county for delinquent taxes
44 44 pursuant to chapters 445 through 448, for which a
44 45 responsible owner or operator able to pay, other
44 46 than the county, cannot be found. A county is not
44 47 a "responsible party" for a release in connection
44 48 with property which it acquires in connection with
44 49 delinquent taxes, and does not become a responsible
44 50 party by sale or transfer of property so acquired. In
45 1 such situations, the board may act as an agent for
45 2 the county. Actual corrective action on the site
45 3 shall be overseen by the department, the board, and
45 4 a certified groundwater professional. Third=party
45 5 liability specifically excludes any claim, cause of
45 6 action, or suit, for personal injury including, but
45 7 not limited to, loss of use or of private enjoyment,
45 8 mental anguish, false imprisonment, wrongful entry or
45 9 eviction, humiliation, discrimination, or malicious
45 10 prosecution. Reasonable acquisition costs do not
45 11 include any taxes or costs related to the collection
45 12 of taxes.
45 13 k. Pursuant to an agreement between the board and
45 14 the department of natural resources, assessment and
45 15 corrective action arising out of releases at sites for
45 16 which a no further action certificate has been issued
45 17 pursuant to section 455B.474, when the department
45 18 determines that an unreasonable risk to public health
45 19 and safety may still exist or that previously reported
45 20 upon applicable target levels have been exceeded. At
45 21 a minimum, the agreement shall address eligible costs,
45 22 contracting for services, and conditions under which
45 23 sites may be reevaluated.
45 24 l. Costs Up to fifteen thousand dollars for the
45 25 permanent closure of an underground storage tank
45 26 system that was in place on the date an eligible claim
45 27 was submitted under paragraph "a" that does not meet
45 28 performance standards for new or upgraded tanks or
45 29 is otherwise required to be closed pursuant to rules
45 30 adopted by the environmental protection commission
45 31 pursuant to section 455B.474. Reimbursement is limited
45 32 to costs approved by the board prior to the closure
45 33 activities.
45 34 Sec. ___. Section 455G.9, subsection 4, Code 2009,
45 35 is amended to read as follows:
45 36 4. Minimum copayment schedule.
45 37 a. An owner or operator shall be required to pay
45 38 the greater of five thousand dollars or eighteen
45 39 percent of the first eighty thousand dollars of the
45 40 total costs of corrective action for that release,
45 41 except for claims pursuant to section 455G.21, where
45 42 the claimant is not a responsible party or potentially
45 43 responsible party for the site for which the claim is
45 44 filed.
45 45 b. If a site's actual expenses exceed eighty
45 46 thousand dollars, the remedial account shall pay the
45 47 remainder, as required by federal regulations, of
45 48 the total costs of the corrective action for that
45 49 release, not to exceed one million dollars, except that
45 50 a county shall not be required to pay a copayment in
46 1 connection with a release situated on property acquired
46 2 in connection with delinquent taxes, as provided in
46 3 subsection 1, paragraph "d", unless subsequent to
46 4 acquisition the county actively operates a tank on the
46 5 property for purposes other than risk assessment, risk
46 6 management, or tank closure.
46 7 Sec. ___. Section 455G.9, subsection 7, Code 2009,
46 8 is amended to read as follows:
46 9 7. Expenses of cleanup not required. When an
46 10 owner or operator who is eligible for benefits under
46 11 this chapter is allowed by the department of natural
46 12 resources to monitor in place, the expenses incurred
46 13 for cleanup beyond the level required by the department
46 14 of natural resources are not may be covered under any
46 15 of the accounts established under the fund only if
46 16 approved by the board as cost=effective relative to
46 17 the department accepted monitoring plan or relative
46 18 to the repeal date specified in section 424.19. The
46 19 cleanup expenses incurred for work completed beyond
46 20 what is required is the responsibility of the person
46 21 contracting for the excess cleanup. The board shall
46 22 seek to terminate the responsible party's environmental
46 23 liabilities at such sites prior to the board ceasing
46 24 operation.
46 25 Sec. ___. Section 455G.9, subsection 10, Code 2009,
46 26 is amended to read as follows:
46 27 10. Expenses incurred by governmental subdivisions
46 28 and public works utilities. The board may shall adopt
46 29 rules for reimbursement for reasonable expenses
46 30 incurred by a governmental subdivision or public
46 31 works utility for sampling, treating, handling,
46 32 or disposing, as required by the department, of
46 33 petroleum=contaminated soil and groundwater encountered
46 34 in a public right=of=way during installation,
46 35 maintenance, or repair of a utility or public
46 36 improvement. The board may seek full recovery from
46 37 a responsible party liable for the release for such
46 38 expenses and for all other costs and reasonable
46 39 attorney fees and costs of litigation for which moneys
46 40 are expended by the fund. Any expense described in
46 41 this subsection incurred by the fund constitutes a lien
46 42 upon the property from which the release occurred.
46 43 A lien shall be recorded and an expense shall be
46 44 collected in the same manner as provided in section
46 45 424.11.
46 46 Sec. ___. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
46 47 APPLICABILITY. The section of this division of this
46 48 Act amending section 455G.9, subsection 4, being deemed
46 49 of immediate importance, takes effect upon enactment
46 50 and applies retroactively to January 1, 2010.
47 1 DIVISION ___
47 2 BONDING AUTHORITY
47 3 Sec. ___. Section 455G.2, subsection 1, Code 2009,
47 4 is amended by striking the subsection.
47 5 Sec. ___. Section 455G.2, subsection 3, Code 2009,
47 6 is amended to read as follows:
47 7 3. "Bond" means a bond, note, or other obligation
47 8 issued by the authority treasurer of state for the fund
47 9 and the purposes of this chapter.
47 10 Sec. ___. Section 455G.3, subsection 2, Code 2009,
47 11 is amended to read as follows:
47 12 2. The board shall assist Iowa's owners and
47 13 operators of petroleum underground storage tanks in
47 14 complying with federal environmental protection agency
47 15 technical and financial responsibility regulations
47 16 by establishment of the Iowa comprehensive petroleum
47 17 underground storage tank fund. The authority treasurer
47 18 of state may issue its bonds, or series of bonds, to
47 19 assist the board, as provided in this chapter.
47 20 Sec. ___. Section 455G.6, subsections 7 through 9,
47 21 Code Supplement 2009, are amended to read as follows:
47 22 7. The board may contract with the
47 23 authority treasurer of state for the
47 24 authority treasurer of state to issue bonds and do
47 25 all things necessary with respect to the purposes
47 26 of the fund, as set out in the contract between the
47 27 board and the authority treasurer of state. The
47 28 board may delegate to the authority treasurer of
47 29 state and the authority treasurer of state shall
47 30 then have all of the powers of the board which are
47 31 necessary to issue and secure bonds and carry out the
47 32 purposes of the fund, to the extent provided in the
47 33 contract between the board and the authority treasurer
47 34 of state. The authority treasurer of state may
47 35 issue the authority's treasurer of state's bonds
47 36 in principal amounts which, in the opinion of the
47 37 board, are necessary to provide sufficient funds for
47 38 the fund, the payment of interest on the bonds, the
47 39 establishment of reserves to secure the bonds, the
47 40 costs of issuance of the bonds, other expenditures
47 41 of the authority treasurer of state incident to and
47 42 necessary or convenient to carry out the bond issue
47 43 for the fund, and all other expenditures of the board
47 44 necessary or convenient to administer the fund.
47 45 The bonds are investment securities and negotiable
47 46 instruments within the meaning of and for purposes of
47 47 the uniform commercial code, chapter 554.
47 48 8. Bonds issued under this section are payable
47 49 solely and only out of the moneys, assets, or revenues
47 50 of the fund, all of which may be deposited with
48 1 trustees or depositories in accordance with bond
48 2 or security documents and pledged by the board to
48 3 the payment thereof, and are not an indebtedness
48 4 of this state or the authority, or a charge against
48 5 the general credit or general fund of the state or
48 6 the authority, and the state shall not be liable for
48 7 any financial undertakings with respect to the fund.
48 8 Bonds issued under this chapter shall contain on their
48 9 face a statement that the bonds do not constitute an
48 10 indebtedness of the state or the authority.
48 11 9. The proceeds of bonds issued by the
48 12 authority treasurer of state and not required for
48 13 immediate disbursement may be deposited with a trustee
48 14 or depository as provided in the bond documents
48 15 and invested in any investment approved by the
48 16 authority treasurer of state and specified in the trust
48 17 indenture, resolution, or other instrument pursuant
48 18 to which the bonds are issued without regard to any
48 19 limitation otherwise provided by law.
48 20 Sec. ___. Section 455G.6, subsection 10, paragraph
48 21 b, Code Supplement 2009, is amended to read as follows:
48 22 b. Negotiable instruments under the laws of
48 23 the state and may be sold at prices, at public or
48 24 private sale, and in a manner, as prescribed by the
48 25 authority treasurer of state. Chapters 73A, 74, 74A
48 26 and 75 do not apply to their sale or issuance of the
48 27 bonds.
48 28 Sec. ___. Section 455G.6, subsection 12, Code
48 29 Supplement 2009, is amended to read as follows:
48 30 12. Bonds must be authorized by a trust
48 31 indenture, resolution, or other instrument of the
48 32 authority treasurer of state, approved by the board.
48 33 However, a trust indenture, resolution, or other
48 34 instrument authorizing the issuance of bonds may
48 35 delegate to an officer of the issuer the power to
48 36 negotiate and fix the details of an issue of bonds.
48 37 Sec. ___. Section 455G.7, Code Supplement 2009, is
48 38 amended to read as follows:
48 39 455G.7 Security for bonds == capital reserve fund ==
48 40 irrevocable contracts.
48 41 1. a. For the purpose of securing one or more
48 42 issues of bonds for the fund, the authority treasurer
48 43 of state, with the approval of the board, may authorize
48 44 the establishment of one or more special funds, called
48 45 "capital reserve funds". The authority treasurer
48 46 of state may pay into the capital reserve funds the
48 47 proceeds of the sale of its bonds and other money
48 48 which may be made available to the authority treasurer
48 49 of state from other sources for the purposes of the
48 50 capital reserve funds. Except as provided in this
49 1 section, money in a capital reserve fund shall be used
49 2 only as required for any of the following:
49 3 a. (1) The payment of the principal of and
49 4 interest on bonds or of the sinking fund payments with
49 5 respect to those bonds.
49 6 b. (2) The purchase or redemption of the bonds.
49 7 c. (3) The payment of a redemption premium
49 8 required to be paid when the bonds are redeemed before
49 9 maturity.
49 10 b. However, money in a capital reserve fund shall
49 11 not be withdrawn if the withdrawal would reduce the
49 12 amount in the capital reserve fund to less than the
49 13 capital reserve fund requirement, except for the
49 14 purpose of making payment, when due, of principal,
49 15 interest, redemption premiums on the bonds, and making
49 16 sinking fund payments when other money pledged to the
49 17 payment of the bonds is not available for the payments.
49 18 Income or interest earned by, or increment to, a
49 19 capital reserve fund from the investment of all or part
49 20 of the capital reserve fund may be transferred by the
49 21 authority treasurer of state to other accounts of the
49 22 fund if the transfer does not reduce the amount of the
49 23 capital reserve fund below the capital reserve fund
49 24 requirement.
49 25 2. If the authority treasurer of state decides
49 26 to issue bonds secured by a capital reserve fund,
49 27 the bonds shall not be issued if the amount in the
49 28 capital reserve fund is less than the capital reserve
49 29 fund requirement, unless at the time of issuance of
49 30 the bonds the authority treasurer of state deposits
49 31 in the capital reserve fund from the proceeds of the
49 32 bonds to be issued or from other sources, an amount
49 33 which, together with the amount then in the capital
49 34 reserve fund, is not less than the capital reserve fund
49 35 requirement.
49 36 3. In computing the amount of a capital reserve
49 37 fund for the purpose of this section, securities in
49 38 which all or a portion of the capital reserve fund
49 39 is invested shall be valued by a reasonable method
49 40 established by the authority treasurer of state.
49 41 Valuation shall include the amount of interest earned
49 42 or accrued as of the date of valuation.
49 43 4. In this section, "capital reserve fund
49 44 requirement" means the amount required to be on
49 45 deposit in the capital reserve fund as of the date of
49 46 computation.
49 47 5. To assure maintenance of the capital reserve
49 48 funds, the authority treasurer of state shall, on
49 49 or before July 1 of each calendar year, make and
49 50 deliver to the governor the authority's treasurer of
50 1 state's certificate stating the sum, if any, required
50 2 to restore each capital reserve fund to the capital
50 3 reserve fund requirement for that fund. Within
50 4 thirty days after the beginning of the session of the
50 5 general assembly next following the delivery of the
50 6 certificate, the governor may submit to both houses
50 7 printed copies of a budget including the sum, if any,
50 8 required to restore each capital reserve fund to the
50 9 capital reserve fund requirement for that fund. Any
50 10 sums appropriated by the general assembly and paid
50 11 to the authority treasurer of state pursuant to this
50 12 section shall be deposited in the applicable capital
50 13 reserve fund.
50 14 6. All amounts paid by the state pursuant to this
50 15 section shall be considered advances by the state and,
50 16 subject to the rights of the holders of any bonds of
50 17 the authority treasurer of state that have previously
50 18 been issued or will be issued, shall be repaid to the
50 19 state without interest from all available revenues of
50 20 the fund in excess of amounts required for the payment
50 21 of bonds of the authority treasurer of state, the
50 22 capital reserve fund, and operating expenses.
50 23 7. If any amount deposited in a capital reserve
50 24 fund is withdrawn for payment of principal, premium,
50 25 or interest on the bonds or sinking fund payments with
50 26 respect to bonds thus reducing the amount of that fund
50 27 to less than the capital reserve fund requirement, the
50 28 authority treasurer of state shall immediately notify
50 29 the governor and the general assembly of this event and
50 30 shall take steps to restore the capital reserve fund
50 31 to the capital reserve fund requirement for that fund
50 32 from any amounts designated as being available for such
50 33 purpose.
50 34 Sec. ___. Section 455G.8, subsection 2, Code 2009,
50 35 is amended to read as follows:
50 36 2. Statutory allocations fund. The moneys
50 37 credited from the statutory allocations fund under
50 38 section 321.145, subsection 2, paragraph "a", shall
50 39 be allocated, consistent with this chapter, among
50 40 the fund's accounts, for debt service and other fund
50 41 expenses, according to the fund budget, resolution,
50 42 trust agreement, or other instrument prepared or
50 43 entered into by the board or authority treasurer of
50 44 state under direction of the board.
50 45 Sec. ___. REPEAL. Section 16.151, Code 2009, is
50 46 repealed.
50 47 Sec. ___. REPEAL. 1989 Iowa Acts, chapter 131,
50 48 section 63, as amended by 2009 Iowa Acts, chapter 184,
50 49 section 39, is repealed.
50 50 Sec. ___. EFFECTIVE UPON ENACTMENT. This division
51 1 of this Act, being deemed of immediate importance,
51 2 takes effect upon enactment.>
51 3 #56. Page 46, after line 5 by inserting:
51 4 <DIVISION ___
51 5 UNEMPLOYMENT INSURANCE BENEFITS
51 6 Sec. ___. CASH RESERVE APPROPRIATION ==
51 7 UNEMPLOYMENT TRUST FUND ACCOUNT.
51 8 1. On or before August 15, 2010, following the
51 9 computation date required pursuant to section 96.7,
51 10 subsection 2, paragraph "d", subparagraph (1),
51 11 unnumbered paragraph 1, as amended by this Act, and
51 12 upon the approval of the director of the department of
51 13 management, there is appropriated from the cash reserve
51 14 fund created in section 8.56 to the unemployment
51 15 trust fund account of the unemployment compensation
51 16 fund for the fiscal year beginning July 1, 2010, and
51 17 ending June 30, 2011, up to $20 million. This loan is
51 18 contingent upon being necessary to reach contribution
51 19 rate table 3 rather than contribution rate table 2 for
51 20 calendar year 2011. Any moneys appropriated pursuant
51 21 to this subsection shall be considered a loan for the
51 22 payment of unemployment insurance benefits and the
51 23 repayment of such moneys to the cash reserve fund
51 24 shall occur pursuant to subsection 2. If the amount
51 25 necessary to prevent table 2 from being applied is more
51 26 than $20 million, this section is repealed. Section
51 27 8.56, subsections 3 and 4, shall not apply to the
51 28 appropriation in this section.
51 29 2. Following the fiscal year beginning July 1,
51 30 2010, and ending June 30, 2011, the department of
51 31 workforce development, in coordination with the
51 32 department of management, shall develop a plan for the
51 33 transfer of an amount equal to the amount appropriated
51 34 pursuant to subsection 1 from the unemployment trust
51 35 fund account of the unemployment compensation fund to
51 36 the cash reserve fund without adversely impacting the
51 37 solvency of the unemployment trust fund account.
51 38 3. By December 1, 2011, the director of the
51 39 department of workforce development shall submit to
51 40 the general assembly, with the report required under
51 41 section 96.35, the director's recommendations regarding
51 42 the transfer of moneys as required under subsection 2.
51 43 Sec. ___. Section 96.7, subsection 2, paragraph
51 44 d, subparagraph (1), unnumbered paragraph 1, Code
51 45 Supplement 2009, is amended to read as follows:
51 46 The current reserve fund ratio is computed by
51 47 dividing the total funds available for payment of
51 48 benefits, on the computation date or on August 15
51 49 following the computation date if the total funds
51 50 available for payment of benefits is a higher amount
52 1 on August 15, by the total wages paid in covered
52 2 employment excluding reimbursable employment wages
52 3 during the first four calendar quarters of the five
52 4 calendar quarters immediately preceding the computation
52 5 date. However, in computing the current reserve fund
52 6 ratio the following amounts shall be added to the
52 7 total funds available for payment of benefits on the
52 8 following computation dates:>
52 9 #57. Page 46, after line 5 by inserting:
52 10 <DIVISION ___
52 11 TERRACE HILL
52 12 Sec. ___. TERRACE HILL OPERATIONS == CASH RESERVE
52 13 FUND == DEPARTMENT OF ADMINISTRATIVE SERVICES. There
52 14 is appropriated from the cash reserve fund created
52 15 in section 8.56 to the department of administrative
52 16 services for the fiscal year beginning July 1, 2010,
52 17 and ending June 30, 2011, the following amount, or
52 18 so much thereof as is necessary, to be used for the
52 19 purposes designated:
52 20 For salaries, support, maintenance, and
52 21 miscellaneous purposes necessary for the operation of
52 22 Terrace Hill:
52 23 .................................................. $ 168,494
52 24 Sec. ___. TERRACE HILL == GENERAL FUND ==
52 25 DEPARTMENT OF ADMINISTRATIVE SERVICES. There is
52 26 appropriated from the general fund of the state to
52 27 the department of administrative services for the
52 28 fiscal year beginning July 1, 2009, and ending June 30,
52 29 2010, the following amount, or so much thereof as is
52 30 necessary, to be used for the purposes designated:
52 31 For salaries, support, maintenance, and
52 32 miscellaneous purposes necessary for the operation
52 33 of Terrace Hill, and for not more than the following
52 34 full=time equivalent positions:
52 35 .................................................. $ 263,329
52 36 ............................................... FTEs 6.38
52 37 Sec. ___. TERRACE HILL QUARTERS. The amount
52 38 appropriated from the general fund of the state to the
52 39 offices of the governor and the lieutenant governor
52 40 for Terrace Hill quarters pursuant to 2010 Iowa Acts,
52 41 Senate File 2367, for the fiscal year beginning July 1,
52 42 2010, and ending June 30, 2011, is reduced by $263,329.
52 43 The number of full=time equivalent positions authorized
52 44 pursuant to 2010 Iowa Acts, Senate File 2367, for
52 45 purposes of Terrace Hill quarters for the fiscal year
52 46 beginning July 1, 2010, and ending June 30, 2011, is
52 47 reduced by 8.12 full=time equivalent positions.>
52 48 #58. Page 46, after line 5 by inserting:
52 49 <DIVISION ___
52 50 HEALTHCARE PROGRAMS AND APPROPRIATIONS
53 1 Section 1. Section 249J.7, Code 2009, is amended to
53 2 read as follows:
53 3 249J.7 Expansion population provider network.
53 4 1. a. Expansion population members shall only
53 5 be eligible to receive expansion population services
53 6 through a provider included in the expansion population
53 7 provider network. Except as otherwise provided
53 8 in this chapter, the expansion population provider
53 9 network shall be limited to a publicly owned acute care
53 10 teaching hospital located in a county with a population
53 11 over three hundred fifty thousand, the university of
53 12 Iowa hospitals and clinics, and the state hospitals
53 13 for persons with mental illness designated pursuant
53 14 to section 226.1 with the exception of the programs
53 15 at such state hospitals for persons with mental
53 16 illness that provide substance abuse treatment, serve
53 17 gero=psychiatric patients, or treat sexually violent
53 18 predators and a regional provider network utilizing
53 19 the federally qualified health centers or federally
53 20 qualified health center look=alikes in the state, to
53 21 provide primary care to members.
53 22 b. (1) The department shall develop a plan to
53 23 phase=in the regional provider network by determining
53 24 the most highly underserved areas on a statewide
53 25 and regional basis, and targeting these areas for
53 26 prioritization in implementing the regional provider
53 27 network. In developing the phase=in plan the
53 28 department shall consult with the medical assistance
53 29 projections and assessment council created in section
53 30 249J.20. Any plan developed shall be approved by
53 31 the council prior to implementation. The phase=in of
53 32 the regional provider network shall be implemented
53 33 in a manner that ensures that program expenditures
53 34 do not exceed budget neutrality limits and funded
53 35 program capacity, and that ensures compliance with the
53 36 eligibility maintenance of effort requirements of the
53 37 federal American Recovery and Reinvestment Act of 2009.
53 38 (2) Payment shall only be made to designated
53 39 participating primary care providers for eligible
53 40 primary care services provided to a member.
53 41 (3) The department shall adopt rules pursuant to
53 42 chapter 17A, in collaboration with the medical home
53 43 advisory council established pursuant to section
53 44 135.159, specifying requirements for medical homes
53 45 including certification, with which regional provider
53 46 network participating providers shall comply, as
53 47 appropriate.
53 48 (4) The department may also designate other private
53 49 providers and hospitals to participate in the regional
53 50 provider network, to provide primary and specialty
54 1 care, subject to the availability of funds.
54 2 (5) Notwithstanding any provision to the contrary,
54 3 the department shall develop a methodology to reimburse
54 4 regional provider network participating providers
54 5 designated under this subsection.
54 6 c. Tertiary care shall only be provided to eligible
54 7 expansion population members residing in any county
54 8 in the state at the university of Iowa hospitals and
54 9 clinics.
54 10 d. Until such time as the publicly owned acute
54 11 care teaching hospital located in a county with a
54 12 population over three hundred fifty thousand notifies
54 13 the department that such hospital has reached service
54 14 capacity, the hospital and the university of Iowa
54 15 hospitals and clinics shall remain the only expansion
54 16 population providers for the residents of such county.
54 17 2. Expansion population services provided to
54 18 expansion population members by providers included in
54 19 the expansion population provider network the publicly
54 20 owned acute care teaching hospital located in a county
54 21 with a population over three hundred fifty thousand and
54 22 the university of Iowa hospitals and clinics shall be
54 23 payable at the full benefit recipient rates.
54 24 3. Providers included in the expansion population
54 25 provider network shall submit clean claims within
54 26 twenty days of the date of provision of an expansion
54 27 population service to an expansion population member.
54 28 4. Unless otherwise prohibited by law, a provider
54 29 under the expansion population provider network may
54 30 deny care to an individual who refuses to apply for
54 31 coverage under the expansion population.
54 32 5. Notwithstanding the provision of section
54 33 347.16, subsection 2, requiring the provision of free
54 34 care and treatment to the persons described in that
54 35 subsection, the publicly owned acute care teaching
54 36 hospital described in subsection 1 may require any sick
54 37 or injured person seeking care or treatment at that
54 38 hospital to be subject to financial participation,
54 39 including but not limited to copayments or premiums,
54 40 and may deny nonemergent care or treatment to any
54 41 person who refuses to be subject to such financial
54 42 participation.
54 43 6. The department shall utilize up to seven million
54 44 three hundred thousand dollars in certified public
54 45 expenditures at the university of Iowa hospitals
54 46 and clinics to maximize the availability of state
54 47 funding to provide necessary access to both primary
54 48 and specialty physician care to expansion population
54 49 members. The resulting savings to the state shall
54 50 be utilized to reimburse physician services provided
55 1 to expansion population members at the university of
55 2 Iowa hospitals and clinics and to reimburse providers
55 3 designated to participate in the regional provider
55 4 network for services provided to expansion population
55 5 members.
55 6 7. The department shall adopt rules to establish
55 7 clinical transfer and referral protocols to be used by
55 8 providers included in the expansion population provider
55 9 network.
55 10 Sec. ___. 2010 Iowa Acts, Senate File 2156, section
55 11 5, if enacted, is repealed.
55 12 Sec. ___. 2010 Iowa Acts, Senate File 2356, section
55 13 2, amending section 249J.7, if enacted, is repealed.
55 14 Sec. ___. 2010 Iowa Acts, House File 2526, section
55 15 11, subsection 13, if enacted, is amended to read as
55 16 follows:
55 17 13. The university of Iowa hospitals and clinics
55 18 shall either certify public expenditures or transfer to
55 19 the medical assistance appropriation an amount equal
55 20 to provide the nonfederal share for increased medical
55 21 assistance payments for inpatient hospital services of
55 22 $7,500,000 up to $9,900,000. The university of Iowa
55 23 hospitals and clinics shall receive and retain 100
55 24 percent of the total increase in medical assistance
55 25 payments.
55 26 Sec. ___. 2010 Iowa Acts, House File 2526, section
55 27 41, subsection 3, unnumbered paragraph 2, if enacted,
55 28 is amended to read as follows:
55 29 For salaries, support, maintenance, equipment, and
55 30 miscellaneous purposes for the provision of medical and
55 31 surgical treatment of indigent patients, for provision
55 32 of services to members of the expansion population
55 33 pursuant to chapter 249J, and for medical education:
55 34 .................................................. $12,000,000 14,000,000
55 35 Sec. ___. 2010 Iowa Acts, House File 2526, section
55 36 41, subsection 6, if enacted, is amended to read as
55 37 follows:
55 38 6. Contingent upon enactment of 2010 Iowa Acts,
55 39 Senate File 2356, there is appropriated from the
55 40 IowaCare account created in section 249J.24 to the
55 41 department of human services for the fiscal year
55 42 beginning July 1, 2010, and ending June 30, 2011, the
55 43 following amount, or so much thereof as is necessary to
55 44 be used for the purposes designated:
55 45 For payment to nonparticipating providers for
55 46 covered services provided in accordance with section
55 47 249J.24A:
55 48 .................................................. $ 2,000,000
55 49 Sec. ___. HOSPITAL HEALTH CARE ACCESS TRUST FUND ==
55 50 APPROPRIATIONS. There is appropriated from the
56 1 hospital health care access trust fund created in
56 2 section 249M.4, if enacted by 2010 Iowa Acts, Senate
56 3 File 2388, to the department of human services for the
56 4 fiscal year beginning July 1, 2010, and ending June 30,
56 5 2011, the following amounts, or so much thereof as is
56 6 necessary, for the purposes designated:
56 7 1. For the medical assistance program:
56 8 .................................................. $ 39,406,000
56 9 Of the funds appropriated in this subsection,
56 10 $20,542,883 shall be used for reimbursement of
56 11 hospitals under the medical assistance program in
56 12 accordance with section 249M.4, if enacted by 2010 Iowa
56 13 Acts, Senate File 2388.
56 14 2. For deposit in the nonparticipating provider
56 15 reimbursement fund created in section 249J.24A for the
56 16 purposes of the fund:
56 17 .................................................. $ 594,000
56 18 Sec. ___. NONPARTICIPATING PROVIDER REIMBURSEMENT
56 19 FUND == APPROPRIATION. Contingent upon enactment of
56 20 2010 Iowa Acts, Senate File 2388, there is appropriated
56 21 from the nonparticipating provider reimbursement
56 22 fund created in section 249J.24A to the department of
56 23 human services for the fiscal year beginning July 1,
56 24 2010, and ending June 30, 2011, the following amount,
56 25 or so much thereof as is necessary, for the purposes
56 26 designated:
56 27 To reimburse nonparticipating providers in
56 28 accordance with section 249J.24A:
56 29 .................................................. $ 2,000,000
56 30 Sec. ___. MEDICAL ASSISTANCE PROGRAM ==
56 31 APPROPRIATION REDUCTION. Contingent upon enactment of
56 32 2010 Iowa Acts, Senate File 2388, the appropriation
56 33 from the general fund of the state to the department
56 34 of human services for the medical assistance program
56 35 for the fiscal year beginning July 1, 2010, and ending
56 36 June 30, 2011, as specified in 2010 Iowa Acts, House
56 37 File 2526, section 11, if enacted, is reduced by
56 38 $18,863,117.
56 39 Sec. ___. CONTINGENT IMPLEMENTATION.
56 40 Implementation of the provisions of this division
56 41 of this Act making appropriations from the hospital
56 42 health care access trust fund and the nonparticipating
56 43 provider reimbursement fund and reducing the medical
56 44 assistance program appropriation are contingent upon
56 45 the department of human services receiving approval of
56 46 the requests relating to medical assistance waivers
56 47 and state plan amendments necessary to implement the
56 48 hospital health care access trust fund if enacted by
56 49 2010 Iowa Acts, Senate File 2388.>
56 50 #59. Page 46, after line 5 by inserting:
57 1 <DIVISION ___
57 2 WAIVER OF PENALTIES AND INTEREST
57 3 Sec. ___. WAIVER OF PENALTIES AND INTEREST ==
57 4 DISASTER=RELATED LOSSES == REFUNDS.
57 5 1. Notwithstanding sections 421.8, 421.27, and
57 6 422.25, if a taxpayer has filed a return for tax year
57 7 2008 relying in good faith on the expectation that the
57 8 state of Iowa would conform to the federal treatment
57 9 of disaster=related casualty losses under section
57 10 165(h) of the Internal Revenue Code, as modified by
57 11 the Heartland Disaster Relief Act of 2008, Pub. L.
57 12 No. 110=343, in computing net income for state tax
57 13 purposes, the director of revenue shall, for any
57 14 taxpayer amending the return in the time permitted by
57 15 statute, waive any penalty or interest due as a result
57 16 of either a failure to timely pay the tax due or the
57 17 filing of a defective or incorrect return.
57 18 2. If, prior to the effective date of this division
57 19 of this Act, a taxpayer paid penalties or interest as a
57 20 result of a good=faith reliance on the state conforming
57 21 to section 165(h) of the Internal Revenue Code, the
57 22 department of revenue shall refund such penalties and
57 23 interest to the taxpayer.
57 24 Sec. ___. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
57 25 APPLICABILITY. This division of this Act, being deemed
57 26 of immediate importance, takes effect upon enactment
57 27 and applies retroactively to January 1, 2008, for
57 28 tax years beginning on or after that date and before
57 29 January 1, 2009.>
57 30 #60. By renumbering, redesignating, and correcting
57 31 internal references as necessary.
57 32 #61. By renumbering as necessary.
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