Senate Amendment 3328
PAG LIN
1 1 Amend Senate File 478 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <DIVISION I
1 5 MH/MR/DD SERVICES ALLOWED
1 6 GROWTH FUNDING == FY 2010=2011
1 7 Section 1. COUNTY MENTAL HEALTH, MENTAL
1 8 RETARDATION, AND DEVELOPMENTAL DISABILITIES ALLOWED
1 9 GROWTH APPROPRIATION AND ALLOCATIONS == FISCAL YEAR
1 10 2010=2011.
1 11 1. There is appropriated from the general fund of
1 12 the state to the department of human services for the
1 13 fiscal year beginning July 1, 2010, and ending June
1 14 30, 2011, the following amount, or so much thereof as
1 15 is necessary, to be used for the purpose designated:
1 16 For distribution to counties of the county mental
1 17 health, mental retardation, and developmental
1 18 disabilities allowed growth factor adjustment for
1 19 fiscal year 2010=2011:
1 20 .................................................. $ 62,157,491
1 21 2. The amount appropriated in this section shall
1 22 be allocated as provided in a later enactment of the
1 23 general assembly.
1 24 DIVISION II
1 25 STANDING APPROPRIATIONS
1 26 AND RELATED MATTERS
1 27 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2010=2011.
1 28 1. For the budget process applicable to the fiscal
1 29 year beginning July 1, 2010, on or before October 1,
1 30 2009, in lieu of the information specified in section
1 31 8.23, subsection 1, unnumbered paragraph 1, and
1 32 paragraph "a", all departments and establishments of
1 33 the government shall transmit to the director of the
1 34 department of management, on blanks to be furnished by
1 35 the director, estimates of their expenditure
1 36 requirements, including every proposed expenditure,
1 37 for the ensuing fiscal year, together with supporting
1 38 data and explanations as called for by the director of
1 39 the department of management after consultation with
1 40 the legislative services agency.
1 41 2. The estimates of expenditure requirements shall
1 42 be in a form specified by the director of the
1 43 department of management, and the expenditure
1 44 requirements shall include all proposed expenditures
1 45 and shall be prioritized by program or the results to
1 46 be achieved. The estimates shall be accompanied by
1 47 performance measures for evaluating the effectiveness
1 48 of the programs or results.
1 49 Sec. 3. GENERAL ASSEMBLY.
1 50 1. The appropriations made pursuant to section
2 1 2.12 for the expenses of the general assembly and
2 2 legislative agencies for the fiscal year beginning
2 3 July 1, 2009, and ending June 30, 2010, are reduced by
2 4 the following amount:
2 5 .................................................. $ 4,439,653
2 6 2. The budgeted amounts for the general assembly
2 7 for the fiscal year beginning July 1, 2009, may be
2 8 adjusted to reflect unexpended budgeted amounts from
2 9 the previous fiscal year.
2 10 Sec. 4. LIMITATION OF STANDING APPROPRIATIONS.
2 11 Notwithstanding the standing appropriations in the
2 12 following designated sections for the fiscal year
2 13 beginning July 1, 2009, and ending June 30, 2010, the
2 14 amounts appropriated from the general fund of the
2 15 state pursuant to these sections for the following
2 16 designated purposes shall not exceed the following
2 17 amounts:
2 18 1. For payment for nonpublic school transportation
2 19 under section 285.2:
2 20 .................................................. $ 7,845,479
2 21 If total approved claims for reimbursement for
2 22 nonpublic school pupil transportation exceed the
2 23 amount appropriated in accordance with this
2 24 subsection, the department of education shall prorate
2 25 the amount of each approved claim.
2 26 2. For the state's share of the cost of the peace
2 27 officers' retirement benefits under section 411.20:
2 28 .................................................. $ 2,503,510
2 29 3. For operational support grants and community
2 30 cultural grants under section 99F.11, subsection 3,
2 31 paragraph "e", subparagraph (1):
2 32 .................................................. $ 452,783
2 33 4. For regional tourism marketing under section
2 34 99F.11, subsection 3, paragraph "e", subparagraph (2):
2 35 .................................................. $ 957,809
2 36 5. For the Iowa power fund under section 469.10,
2 37 subsection 1:
2 38 .................................................. $ 20,000,000
2 39 6. For the enforcement of chapter 453D relating to
2 40 tobacco product manufacturers under section 453D.8:
2 41 .................................................. $ 21,768
2 42 7. For the center for congenital and inherited
2 43 disorders central registry under section 144.13A,
2 44 subsection 4, paragraph "a":
2 45 .................................................. $ 182,044
2 46 8. For primary and secondary child abuse
2 47 prevention programs under section 144.13A, subsection
2 48 4, paragraph "a":
2 49 .................................................. $ 217,772
2 50 9. For programs for at=risk children under section
3 1 279.51:
3 2 .................................................. $ 11,493,891
3 3 The amount of any reduction in this subsection
3 4 shall be prorated among the programs specified in
3 5 section 279.51, subsection 1, paragraphs "a", "b", and
3 6 "c".
3 7 Sec. 5. INSTRUCTIONAL SUPPORT STATE AID.
3 8 Notwithstanding the standing appropriation provided
3 9 under section 257.20, an appropriation from the
3 10 general fund of the state to the department of
3 11 education for the fiscal year beginning July 1, 2009,
3 12 and ending June 30, 2010, shall not be made for
3 13 purposes of paying instructional support state aid.
3 14 Sec. 6. VETERANS HOME MEDICAL CLINIC. Of moneys
3 15 received on or after July 1, 2008, by the Iowa
3 16 veterans home from the federal government relating to
3 17 the costs to improve and renovate a medical clinic at
3 18 the home in a previous fiscal year, the first $727,000
3 19 shall be credited to the general fund of the state on
3 20 or after July 1, 2009.
3 21 Sec. 7. FEDERAL ECONOMIC STIMULUS AND JOBS HOLDING
3 22 ACCOUNT.
3 23 1. Any unobligated moneys in the federal economic
3 24 stimulus and jobs holding account on July 1, 2009,
3 25 shall be transferred to the general fund of the state
3 26 on July 1, 2009.
3 27 2. Unobligated moneys in the federal economic
3 28 stimulus and jobs holding account on the effective
3 29 date of this section shall not be obligated after the
3 30 effective date of this section.
3 31 3. This section shall not apply to moneys
3 32 appropriated from the federal economic stimulus and
3 33 jobs holding account in 2009 Iowa Acts, Senate File
3 34 469, if enacted.
3 35 Sec. 8. IOWA MATHEMATICS AND SCIENCE COALITION.
3 36 For the fiscal year beginning July 1, 2009, the
3 37 university of northern Iowa shall maintain the efforts
3 38 of the Iowa mathematics and science coalition that
3 39 were initiated pursuant to section 294A.25, subsection
3 40 11, Code 2009.
3 41 Sec. 9. PROPERTY TAX CREDIT FUND == PAYMENTS IN
3 42 LIEU OF GENERAL FUND REIMBURSEMENT.
3 43 1. a. A property tax credit fund shall be created
3 44 in the office of the treasurer of state to be used for
3 45 the purposes of this section.
3 46 b. There is appropriated from the general fund of
3 47 the state to the property tax credit fund created in
3 48 paragraph "a" for the fiscal year beginning July 1,
3 49 2009, and ending June 30, 2010, the sum of
3 50 $101,395,597.
4 1 c. Notwithstanding the requirements in section
4 2 8.56, subsections 3 and 4, there is appropriated from
4 3 the cash reserve fund to the property tax credit fund
4 4 created in paragraph "a" for the fiscal year beginning
4 5 July 1, 2009, and ending June 30, 2010, the sum of
4 6 $54,684,481.
4 7 d. Notwithstanding section 8.33, the surplus
4 8 existing in the property tax credit fund created
4 9 pursuant to 2008 Iowa Acts, chapter 1191, section 5,
4 10 at the conclusion of the fiscal year beginning July 1,
4 11 2008, and ending June 30, 2009, is transferred to the
4 12 property tax credit fund created in paragraph "a".
4 13 2. There is appropriated from the property tax
4 14 credit fund for the fiscal year beginning July 1,
4 15 2009, and ending June 30, 2010, the following amounts
4 16 for the following designated purposes:
4 17 a. For reimbursement for the homestead property
4 18 tax credit under section 425.1:
4 19 .................................................. $100,658,781
4 20 b. For reimbursement for the family farm and
4 21 agricultural land tax credits under sections 425A.1
4 22 and 426.1:
4 23 .................................................. $ 34,610,183
4 24 c. For reimbursement for the military service tax
4 25 credit under section 426A.1A:
4 26 .................................................. $ 2,400,000
4 27 d. For implementing the elderly and disabled tax
4 28 credit and reimbursement pursuant to sections 425.16
4 29 through 425.39:
4 30 .................................................. $ 22,200,000
4 31 If the director of revenue determines that the
4 32 amount of claims for credit for property taxes due
4 33 pursuant to paragraphs "a", "b", "c", and "d", plus
4 34 the amount of claims for reimbursement for rent
4 35 constituting property taxes paid which are to be paid
4 36 during the fiscal year may exceed the total amount
4 37 appropriated, the director shall estimate the
4 38 percentage of the credits and reimbursements which
4 39 will be funded by the appropriation. The county
4 40 treasurer shall notify the director of the amount of
4 41 property tax credits claimed by June 8, 2009. The
4 42 director shall estimate the percentage of the property
4 43 tax credits and rent reimbursement claims that will be
4 44 funded by the appropriation and notify the county
4 45 treasurer of the percentage estimate by June 15, 2009.
4 46 The estimated percentage shall be used in computing
4 47 for each claim the amount of property tax credit and
4 48 reimbursement for rent constituting property taxes
4 49 paid for that fiscal year. If the director
4 50 overestimates the percentage of funding, claims for
5 1 reimbursement for rent constituting property taxes
5 2 paid shall be paid until they can no longer be paid at
5 3 the estimated percentage of funding. Rent
5 4 reimbursement claims filed after that point in time
5 5 shall receive priority and shall be paid in the
5 6 following fiscal year.
5 7 Sec. 10. PERFORMANCE OF DUTY. There is
5 8 appropriated from the cash reserve fund created in
5 9 section 8.56 to the executive council for the fiscal
5 10 year beginning July 1, 2009, and ending June 30, 2010,
5 11 the following amount, or so much thereof as is
5 12 necessary, to be used for the purposes designated:
5 13 For performance of duty by the executive council in
5 14 sections 7D.29 and 29C.20:
5 15 .................................................. $ 25,600,000
5 16 The funding from the appropriation made in this
5 17 section shall be utilized before any funding from the
5 18 general fund of the state.
5 19 Sec. 11. GENERAL FUND. There is appropriated from
5 20 the cash reserve fund created in section 8.56 to the
5 21 general fund of the state for the fiscal year
5 22 beginning July 1, 2009, and ending June 30, 2010, the
5 23 following amount:
5 24 .................................................. $ 65,000,000
5 25 The moneys appropriated in this section shall not
5 26 be considered new revenues under section 8.54 for
5 27 purposes of the state general fund expenditure
5 28 limitation.
5 29 Sec. 12. CASH RESERVE FUND APPROPRIATIONS.
5 30 Section 8.56, subsections 3 and 4, shall not apply to
5 31 any appropriation made in this division of this Act
5 32 from the cash reserve fund created in section 8.56.
5 33 Sec. 13. CASH RESERVE FUND APPROPRIATION FOR
5 34 FISCAL YEAR 2009=2010. For the fiscal year beginning
5 35 July 1, 2009, and ending June 30, 2010, the
5 36 appropriation to the cash reserve fund provided in
5 37 section 8.57, subsection 1, paragraph "a", shall not
5 38 be made.
5 39 Sec. 14. Section 331.660, Code 2009, is repealed.
5 40 Sec. 15. EFFECTIVE DATES.
5 41 1. The section of this division of this Act
5 42 creating the property tax credit fund, being deemed of
5 43 immediate importance, takes effect upon enactment.
5 44 2. The section of this division of this Act
5 45 transferring moneys from the federal economic stimulus
5 46 and jobs holding account, being deemed of immediate
5 47 importance, takes effect upon enactment.
5 48 Sec. 16. EFFECTIVE DATE AND RETROACTIVE
5 49 APPLICABILITY. The section of this division of this
5 50 Act providing for crediting of certain moneys received
6 1 by the Iowa veterans home to the general fund of the
6 2 state, being deemed of immediate importance, takes
6 3 effect upon enactment and is retroactively applicable
6 4 to July 1, 2008, and is applicable on and after that
6 5 date.
6 6 DIVISION III
6 7 SALARIES, COMPENSATION, AND RELATED MATTERS
6 8 Sec. 17. APPOINTED STATE OFFICERS.
6 9 1. The governor shall establish a salary for
6 10 appointed nonelected persons in the executive branch
6 11 of state government holding a position enumerated in
6 12 and within the salary ranges provided in 2008 Iowa
6 13 Acts, chapter 1191, section 14, by considering, among
6 14 other items, the experience of the individual in the
6 15 position, changes in the duties of the position, the
6 16 incumbent's performance of assigned duties, and
6 17 subordinates' salaries. However, the attorney general
6 18 shall establish the salary for the consumer advocate,
6 19 the chief justice of the supreme court shall establish
6 20 the salary for the state court administrator, the
6 21 ethics and campaign disclosure board shall establish
6 22 the salary of the executive director, and the Iowa
6 23 public broadcasting board shall establish the salary
6 24 of the administrator of the public broadcasting
6 25 division of the department of education, each within
6 26 the salary range provided in 2008 Iowa Acts, chapter
6 27 1191, section 14.
6 28 2. The governor, in establishing salaries as
6 29 provided in this section, shall take into
6 30 consideration other employee benefits which may be
6 31 provided for an individual including but not limited
6 32 to housing.
6 33 3. A person whose salary is established pursuant
6 34 to this section and who is a full=time, year=round
6 35 employee of the state shall not receive any other
6 36 remuneration from the state or from any other source
6 37 for the performance of that person's duties unless the
6 38 additional remuneration is first approved by the
6 39 governor or authorized by law. However, this
6 40 provision does not exclude the reimbursement for
6 41 necessary travel and expenses incurred in the
6 42 performance of duties or fringe benefits normally
6 43 provided to employees of the state.
6 44 Sec. 18. COLLECTIVE BARGAINING AGREEMENTS FUNDED.
6 45 The various state departments, boards, commissions,
6 46 councils, and agencies, including the state board of
6 47 regents, for the fiscal year beginning July 1, 2009,
6 48 and ending June 30, 2010, shall provide from available
6 49 sources pay adjustments, expense reimbursements, and
6 50 related benefits to fully fund the following:
7 1 1. The collective bargaining agreement negotiated
7 2 pursuant to chapter 20 for employees in the blue
7 3 collar bargaining unit.
7 4 2. The collective bargaining agreement negotiated
7 5 pursuant to chapter 20 for employees in the public
7 6 safety bargaining unit.
7 7 3. The collective bargaining agreement negotiated
7 8 pursuant to chapter 20 for employees in the security
7 9 bargaining unit.
7 10 4. The collective bargaining agreement negotiated
7 11 pursuant to chapter 20 for employees in the technical
7 12 bargaining unit.
7 13 5. The collective bargaining agreement negotiated
7 14 pursuant to chapter 20 for employees in the
7 15 professional fiscal and staff bargaining unit.
7 16 6. The collective bargaining agreement negotiated
7 17 pursuant to chapter 20 for employees in the clerical
7 18 bargaining unit.
7 19 7. The collective bargaining agreement negotiated
7 20 pursuant to chapter 20 for employees in the
7 21 professional social services bargaining unit.
7 22 8. The collective bargaining agreement negotiated
7 23 pursuant to chapter 20 for employees in the
7 24 community=based corrections bargaining unit.
7 25 9. The collective bargaining agreements negotiated
7 26 pursuant to chapter 20 for employees in the judicial
7 27 branch of government bargaining units.
7 28 10. The collective bargaining agreement negotiated
7 29 pursuant to chapter 20 for employees in the patient
7 30 care bargaining unit.
7 31 11. The collective bargaining agreement negotiated
7 32 pursuant to chapter 20 for employees in the science
7 33 bargaining unit.
7 34 12. The collective bargaining agreement negotiated
7 35 pursuant to chapter 20 for employees in the university
7 36 of northern Iowa faculty bargaining unit.
7 37 13. The collective bargaining agreement negotiated
7 38 pursuant to chapter 20 for employees in the state
7 39 university of Iowa graduate student bargaining unit.
7 40 14. The collective bargaining agreement negotiated
7 41 pursuant to chapter 20 for employees in the state
7 42 university of Iowa hospital and clinics tertiary
7 43 health care bargaining unit.
7 44 15. The annual pay adjustments, related benefits,
7 45 and expense reimbursements referred to in the sections
7 46 of this division of this Act addressing noncontract
7 47 state and state board of regents employees who are not
7 48 covered by a collective bargaining agreement.
7 49 Sec. 19. NONCONTRACT STATE EMPLOYEES == GENERAL.
7 50 1. For the fiscal year beginning July 1, 2009:
8 1 a. The maximum and minimum salary levels of all
8 2 pay plans provided for in section 8A.413, subsection
8 3 3, as they exist for the fiscal year ending June 30,
8 4 2009, shall not increase.
8 5 b. Employees may receive a step increase or the
8 6 equivalent of a step increase.
8 7 c. The pay plan for noncontract judicial branch
8 8 employees shall not be increased.
8 9 d. The pay plans for state employees who are
8 10 exempt from chapter 8A, subchapter IV, and who are
8 11 included in the department of administrative services'
8 12 centralized payroll system shall not be increased, and
8 13 any additional changes in any executive branch pay
8 14 plans shall be approved by the governor.
8 15 2. This section does not apply to members of the
8 16 general assembly, board members, commission members,
8 17 persons whose salaries are set by the general assembly
8 18 pursuant to this Act or are set by the governor, or
8 19 other persons designated in the section of this
8 20 division of this Act addressing appointed state
8 21 officers, employees designated under section 8A.412,
8 22 subsection 5, and employees covered by 11 IAC 53.6(3).
8 23 3. The pay plans for the bargaining eligible
8 24 employees of the state shall not be increased, and any
8 25 additional changes in such executive branch pay plans
8 26 shall be approved by the governor. As used in this
8 27 section, "bargaining eligible employee" means an
8 28 employee who is eligible to organize under chapter 20,
8 29 but has not done so.
8 30 4. The policies for implementation of this section
8 31 shall be approved by the governor.
8 32 Sec. 20. STATE EMPLOYEES == STATE BOARD OF
8 33 REGENTS. For the fiscal year beginning July 1, 2009,
8 34 and ending June 30, 2010, funds shall be provided from
8 35 available sources of the state board of regents for
8 36 funding of collective bargaining agreements for state
8 37 board of regents employees covered by such agreements
8 38 and for the following state board of regents employees
8 39 not covered by a collective bargaining agreement:
8 40 1. Regents merit system employees and merit
8 41 supervisory employees.
8 42 2. Faculty members and professional and scientific
8 43 employees.
8 44 Sec. 21. BONUS PAY. For the fiscal year beginning
8 45 July 1, 2009, and ending June 30, 2010, employees of
8 46 the executive branch, judicial branch, and legislative
8 47 branch shall not receive bonus pay unless otherwise
8 48 authorized by law, required pursuant to a contract of
8 49 employment entered into before July 1, 2009, or
8 50 required pursuant to a collective bargaining
9 1 agreement. This section does not apply to employees
9 2 of the state board of regents. For purposes of this
9 3 section, "bonus pay" means any additional remuneration
9 4 provided an employee in the form of a bonus, including
9 5 but not limited to a retention bonus, recruitment
9 6 bonus, exceptional job performance pay, extraordinary
9 7 job performance pay, exceptional performance pay,
9 8 extraordinary duty pay, or extraordinary or special
9 9 duty pay, and any extra benefit not otherwise provided
9 10 to other similarly situated employees.
9 11 Sec. 22. SPECIAL FUNDS. For the fiscal year
9 12 beginning July 1, 2009, and ending June 30, 2010,
9 13 salary adjustments otherwise provided for in this
9 14 division of this Act may be funded using departmental
9 15 revolving, trust, or special funds for which the
9 16 general assembly has established an operating budget,
9 17 provided doing so does not exceed the operating budget
9 18 established by the general assembly.
9 19 Sec. 23. FEDERAL FUNDS APPROPRIATED. For the
9 20 fiscal year beginning July 1, 2009, all federal grants
9 21 to and the federal receipts of the agencies affected
9 22 by this division of this Act which are received and
9 23 may be expended for purposes of this division of this
9 24 Act are appropriated for those purposes and as set
9 25 forth in the federal grants or receipts.
9 26 Sec. 24. STATE TROOPER MEAL ALLOWANCE. For the
9 27 fiscal year beginning July 1, 2009, the sworn peace
9 28 officers in the department of public safety who are
9 29 not covered by a collective bargaining agreement
9 30 negotiated pursuant to chapter 20 shall receive the
9 31 same per diem meal allowance as the sworn peace
9 32 officers in the department of public safety who are
9 33 covered by a collective bargaining agreement
9 34 negotiated pursuant to chapter 20.
9 35 Sec. 25. SALARY MODEL ADMINISTRATOR. The salary
9 36 model administrator shall work in conjunction with the
9 37 legislative services agency to maintain the state's
9 38 salary model used for analyzing, comparing, and
9 39 projecting state employee salary and benefit
9 40 information, including information relating to
9 41 employees of the state board of regents. The
9 42 department of revenue, the department of
9 43 administrative services, the five institutions under
9 44 the jurisdiction of the state board of regents, the
9 45 judicial district departments of correctional
9 46 services, and the state department of transportation
9 47 shall provide salary data to the department of
9 48 management and the legislative services agency to
9 49 operate the state's salary model. The format and
9 50 frequency of provision of the salary data shall be
10 1 determined by the department of management and the
10 2 legislative services agency. The information shall be
10 3 used in collective bargaining processes under chapter
10 4 20 and in calculating the funding needs contained
10 5 within the annual salary adjustment legislation. A
10 6 state employee organization as defined in section
10 7 20.3, subsection 4, may request information produced
10 8 by the model, but the information provided shall not
10 9 contain information attributable to individual
10 10 employees.
10 11 Sec. 26. Section 8A.402, subsection 2, Code 2009,
10 12 is amended by adding the following new paragraph:
10 13 NEW PARAGRAPH. g. (1) (a) Consult with the
10 14 department of management and discuss and collaborate
10 15 with executive branch agencies to implement and
10 16 maintain a policy for increasing the aggregate ratio
10 17 in the number of employees per supervisor in executive
10 18 branch agencies to be fourteen employees for one
10 19 supervisor. For purposes of determining the effects
10 20 of the policy on the state employee workforce, the
10 21 base date of July 1, 2008, shall be used and the
10 22 target date for full implementation shall be July 1,
10 23 2011.
10 24 (b) The policy shall allow appropriation units
10 25 with twenty=eight or fewer full=time equivalent
10 26 employee positions to apply for an exception to the
10 27 policy through the executive council.
10 28 (c) Before any reduction in supervisory layers is
10 29 implemented as a result of this paragraph "g", the
10 30 department shall notify the legislative fiscal
10 31 committee of the legislative council regarding the
10 32 proposed reduction. The notification shall include a
10 33 list of the positions and employment responsibilities
10 34 to be eliminated or reduced, a list of activities to
10 35 be eliminated or reduced, and an estimate of the
10 36 savings expected to result from the elimination or
10 37 reduction. The legislative fiscal committee shall
10 38 report to the legislative council concerning the
10 39 notifications received.
10 40 (d) The department shall present an interim report
10 41 to the governor and general assembly on or before
10 42 April 1, 2010, and a final report on or before April
10 43 1, 2011, detailing the effects of the policy on the
10 44 composition of the workforce, cost savings, government
10 45 efficiency, and outcomes.
10 46 (e) The policy developed pursuant to this
10 47 paragraph "g" shall not encompass employees under the
10 48 state board of regents or a judicial district
10 49 department of correctional services. However, the
10 50 department of administrative services shall work with
11 1 the state board of regents and the judicial district
11 2 departments of correctional services to advance the
11 3 policy as a goal for the supervisory staff of these
11 4 units of state government.
11 5 (2) Evaluate the state's systems for job
11 6 classification of executive branch employees in order
11 7 to ensure the existence of technical skill=based
11 8 career paths for such employees which do not depend
11 9 upon an employee gaining supervisory responsibility
11 10 for advancement, and which provide incentives for such
11 11 employees to broaden their knowledge and skill base.
11 12 The evaluation shall include but is not limited to
11 13 options for eliminating obsolete, duplicative, or
11 14 unnecessary job classifications. The department shall
11 15 present interim reports to the general assembly on or
11 16 before January 15, 2010, and January 14, 2011,
11 17 concerning the department's progress in completing the
11 18 evaluation and associated outcomes.
11 19 (3) In implementing this paragraph "g", give
11 20 priority to elimination or reduction of middle
11 21 management employee positions. In addition, prior to
11 22 the elimination of employee positions other than
11 23 middle management positions or positions eliminated
11 24 due to early retirement, priority shall be given to
11 25 elimination or deferral by executive branch agencies
11 26 of purchases and out=of=state travel. The department
11 27 of management shall report quarterly to the
11 28 legislative fiscal committee of the legislative
11 29 council and to the legislative services agency
11 30 regarding out=of=state travel authorized by executive
11 31 branch agencies including a listing by agency of
11 32 personnel authorized to travel, and the cost and
11 33 purpose of the travel authorized.
11 34 Sec. 27. 2009 Iowa Acts, Senate File 475, section
11 35 21, if enacted, is amended to read as follows:
11 36 SEC. 21. SUPERVISOR AND EMPLOYEE RATIO. The
11 37 department of administrative services and the
11 38 executive branch agencies receiving appropriations in
11 39 this Act shall pursue a goal of achieving a ratio of
11 40 fourteen employees per supervisor in such agencies, by
11 41 December 31, 2009.
11 42 DIVISION IV
11 43 CORRECTIVE PROVISIONS
11 44 Sec. 28. Section 21.2, subsection 1, paragraph i,
11 45 if enacted by 2009 Iowa Acts, Senate File 437, is
11 46 amended to read as follows:
11 47 i. The governing body of a drainage or levy levee
11 48 district as provided in chapter 468, including a board
11 49 as defined in section 468.3, regardless of how the
11 50 district is organized.
12 1 Sec. 29. Section 22.1, subsection 1, as amended by
12 2 2009 Iowa Acts, Senate File 437, if enacted, is
12 3 amended to read as follows:
12 4 1. The term "government body" means this state, or
12 5 any county, city, township, school corporation,
12 6 political subdivision, tax=supported district,
12 7 nonprofit corporation other than a fair conducting a
12 8 fair event as provided in chapter 174, whose
12 9 facilities or indebtedness are supported in whole or
12 10 in part with property tax revenue and which is
12 11 licensed to conduct pari=mutuel wagering pursuant to
12 12 chapter 99D; the governing body of a drainage or levy
12 13 levee district as provided in chapter 468, including a
12 14 board as defined in section 468.3, regardless of how
12 15 the district is organized; or other entity of this
12 16 state, or any branch, department, board, bureau,
12 17 commission, council, committee, official, or officer
12 18 of any of the foregoing or any employee delegated the
12 19 responsibility for implementing the requirements of
12 20 this chapter.
12 21 Sec. 30. Section 80D.3, subsection 3, paragraph b,
12 22 if enacted by 2009 Iowa Acts, House File 762, section
12 23 1, is amended to read as follows:
12 24 b. A person appointed to serve as a reserve peace
12 25 officer who has met the one=hundred=fifty=hour
12 26 training requirement obtained by obtaining training at
12 27 a community college or other facility selected by the
12 28 individual and approved by the law enforcement agency
12 29 prior to July 1, 2007, shall be exempted from
12 30 completing the minimum training course at the
12 31 discretion of the appointing authority and shall
12 32 continue to hold certification with the appointing
12 33 authority.
12 34 Sec. 31. Section 89.3, subsection 5, paragraph a,
12 35 subparagraph (4), if enacted by 2009 Iowa Acts, House
12 36 File 720, section 2, is amended to read as follows:
12 37 (4) The owner or user is a participant in good
12 38 standing in the Iowa occupational safety and health
12 39 voluntary protection program and have has achieved
12 40 star status within the program, which is administered
12 41 by the division of labor in the department of
12 42 workforce development.
12 43 Sec. 32. Section 216A.132A, subsection 5,
12 44 paragraph i, as enacted by 2009 Iowa Acts, House File
12 45 315, section 1, is amended to read as follows:
12 46 i. Iowa cooperative extension service in
12 47 agriculture and home economics.
12 48 Sec. 33. Section 321A.1, subsection 3, Code 2009,
12 49 is amended to read as follows:
12 50 3. JUDGMENT. A judgment which has become final by
13 1 expiration without appeal during the time within which
13 2 an appeal might have been perfected, or a judgment if
13 3 an appeal from the judgment has been perfected, which
13 4 has not been stayed by the execution, filing and
13 5 approval of a bond as provided in rule of appellate
13 6 procedure 6.7(1) 6.601(1), or a judgment which has
13 7 become final by affirmation on appeal, rendered by a
13 8 court of competent jurisdiction of a state or of the
13 9 United States, upon a cause of action arising out of
13 10 the ownership, maintenance, or use of a motor vehicle,
13 11 as defined in this section, for damages, including
13 12 damages for care and loss of services, because of
13 13 bodily injury to or death of a person, or for damages
13 14 because of injury to or destruction of property,
13 15 including the loss of use of property, or upon a cause
13 16 of action on an agreement of settlement for such
13 17 damages.
13 18 Sec. 34. Section 321A.3, subsection 8, paragraph
13 19 a, subparagraph (1), if enacted by 2009 Iowa Acts,
13 20 Senate File 374, section 1, is amended to read as
13 21 follows:
13 22 (1) A person who purchases a certified abstract of
13 23 an operating record directly from the department under
13 24 this section shall only use, sell, disclose, or
13 25 distribute the abstract or any portion of the abstract
13 26 one time, for one purpose, and the person shall not
13 27 supply that abstract or any portion of that abstract
13 28 to more than one other person. The person shall make
13 29 a subsequent request for the record or abstract and
13 30 pay an additional fee for the request in the same
13 31 manner as provided for the initial request for any
13 32 subsequent use, sale, disclosure, or distribution of
13 33 the same certified abstract or any portion of the
13 34 abstract or to supply the same certified abstract or
13 35 any portion of the abstract to another person, except
13 36 as provided in subparagraph (2).
13 37 Sec. 35. Section 347.7, subsection 4, paragraph a,
13 38 if enacted by 2009 Iowa Acts, House File 260, section
13 39 5, is amended to read as follows:
13 40 a. The tax levy authorized by this section for
13 41 operation and maintenance of the hospital may be
13 42 available in whole or in part to any county with or
13 43 without a county hospital organized under this
13 44 chapter, to be used to enhance rural health services
13 45 in the county. However, the tax levied may be
13 46 expended for enhancement of rural health care services
13 47 only following a local planning process. The Iowa
13 48 department of public health shall establish guidelines
13 49 to be followed by counties in implementing the local
13 50 planning process which shall require legal notice,
14 1 public hearings, and a referendum in accordance with
14 2 this subsection prior to the authorization of any new
14 3 levy or a change in the use of a levy. The notice
14 4 shall describe the new levy or the change in the use
14 5 of the levy, indicate the date and location of the
14 6 hearing, and shall be published as at least once each
14 7 week for two consecutive weeks in a newspaper having
14 8 general circulation in the county. The hearing shall
14 9 not take place prior to two weeks after the second
14 10 publication.
14 11 Sec. 36. Section 423.4, subsection 5, paragraph f,
14 12 Code 2009, as amended by 2009 Iowa Acts, Senate File
14 13 322, section 7, is amended to read as follows:
14 14 f. Notwithstanding the state sales tax imposed in
14 15 section 423.2, a rebate issued pursuant to this
14 16 section subsection shall not exceed an amount equal to
14 17 five percent of the sales price of the tangible
14 18 personal property or services furnished to purchasers
14 19 at the automobile racetrack facility. Any local
14 20 option taxes paid and collected shall not be subject
14 21 to rebate under this subsection.
14 22 Sec. 37. Section 533.329, subsection 2, paragraph
14 23 m, Code 2009, is amended to read as follows:
14 24 m. The moneys and credits tax imposed under this
14 25 section shall be reduced by a redevelopment tax credit
14 26 allowed under chapter 15, subchapter II, part 9.
14 27 Sec. 38. Section 533A.2, subsection 2, paragraph
14 28 h, if enacted by 2009 Iowa Acts, Senate File 311,
14 29 section 2, is amended to read as follows:
14 30 h. A person licensed under chapter 533C, including
14 31 that person's authorized delegates as defined in
14 32 section 533C.102, or a person exempt from licensing
14 33 under section 533C.103, when engaging in money
14 34 transmission or currency exchange as defined in
14 35 chapter section 533C.102.
14 36 Sec. 39. Section 535D.4A, subsection 1, if enacted
14 37 by 2009 Iowa Acts, Senate File 355, section 5, is
14 38 amended to read as follows:
14 39 1. A registered mortgage loan originator when
14 40 acting for an employer described in section 535D.3,
14 41 subsection 11 12.
14 42 Sec. 40. Section 535B.7A, as enacted by 2009 Iowa
14 43 Acts, Senate File 355, section 30, is amended to read
14 44 as follows:
14 45 535B.7A PROHIBITED ACTS.
14 46 It is a violation of this chapter for a licensee to
14 47 engage in any of the prohibited acts or practices in
14 48 section 535D.16 535D.17.
14 49 Sec. 41. Section 598.21, subsection 2, Code 2009,
14 50 as amended by 2009 Iowa Acts, Senate File 288, section
15 1 36, is amended to read as follows:
15 2 2. DUTIES OF COUNTY RECORDER. The county recorder
15 3 shall record each quitclaim deed or change of title
15 4 and shall collect the fees fee specified in section
15 5 331.507, subsection 2, paragraph "a", and the fee fees
15 6 specified in section 331.604.
15 7 Sec. 42. Section 633A.5107, subsection 5, if
15 8 enacted by 2009 Iowa Acts, Senate File 320, section 1,
15 9 is amended to read as follows:
15 10 5. For a charitable trust described in subsection
15 11 1, created prior to the effective date of this Act and
15 12 still in existence, the trustee shall register the
15 13 trust with and submit a current copy of the trust
15 14 instrument and financial report to the attorney
15 15 general not later than one hundred thirty=five days
15 16 after the close of the trust's next fiscal year
15 17 following the effective date of this Act. The trustee
15 18 shall comply with the remainder of this Act section as
15 19 if the charitable trust were created on or after the
15 20 effective date of this Act.
15 21 Sec. 43. Section 637.421, subsection 6, as enacted
15 22 by 2009 Iowa Acts, Senate File 365, section 12, is
15 23 amended to read as follows:
15 24 6. A trustee shall determine the internal income
15 25 of each separate fund for the accounting period as if
15 26 the separate fund were a trust subject to this
15 27 chapter. Upon request of the surviving spouse, the
15 28 trustee shall demand that the person administering the
15 29 separate fund to distribute such internal income to
15 30 the trust. The trustee shall allocate a payment from
15 31 the separate fund to income to the extent of the
15 32 internal income of the separate fund and distribute
15 33 that amount to the surviving spouse. The trustee
15 34 shall allocate the balance to principal. Upon request
15 35 of the surviving spouse, the trustee shall allocate
15 36 principal to income to the extent the internal income
15 37 of the separate fund exceeds payments made from the
15 38 separate fund to the trust during the accounting
15 39 period.
15 40 Sec. 44. Section 915.86, subsections 8 and 12,
15 41 Code 2009, are amended to read as follows:
15 42 8. In the event of a victim's death, reasonable
15 43 charges incurred for counseling the victim's spouse,
15 44 children, parents, siblings, or persons cohabiting
15 45 with or related by blood or affinity to the victim if
15 46 the counseling services are provided by a psychologist
15 47 licensed under chapter 154B, a victim counselor as
15 48 defined in section 915.20A, subsection 1, or an
15 49 individual holding at least a master's degree in
15 50 social work or counseling and guidance, and reasonable
16 1 charges incurred by such persons for medical care
16 2 counseling provided by a psychiatrist licensed under
16 3 chapter 147 or 150A 148. The allowable charges under
16 4 this subsection shall not exceed five thousand dollars
16 5 per person.
16 6 12. Reasonable charges incurred for mental health
16 7 care for secondary victims which include the services
16 8 provided by a psychologist licensed under chapter
16 9 154B, a person holding at least a master's degree in
16 10 social work, counseling, or a related field, a victim
16 11 counselor as defined in section 915.20A, or a
16 12 psychiatrist licensed under chapter 147, 148, or 150A.
16 13 The allowable charges under this subsection shall not
16 14 exceed two thousand dollars per secondary victim.
16 15 Sec. 45. 2009 Iowa Acts, Senate File 197, section
16 16 9, is amended to read as follows:
16 17 SEC. 9. APPLICABILITY AND EFFECTIVE DATES. The
16 18 section of this Act amending section 96.3, subsection
16 19 5, applies to any week of unemployment benefits
16 20 beginning on or after July 5, 2009. The section of
16 21 this Act amending section 96.4 applies to any new
16 22 claim of unemployment benefits with an effective date
16 23 on or after July 5, 2009.
16 24 Sec. 46. 2009 Iowa Acts, Senate File 364, section
16 25 17, subsection 5, is amended to read as follows:
16 26 5. The section of this Act enacting section
16 27 654.4B, subsection 1, and the sections of this Act
16 28 amending sections 626.81, 654.5, and 654.17 apply to
16 29 judgments entered on or after the effective date of
16 30 this Act.
16 31 Sec. 47. 2009 Iowa Acts, Senate File 445, section
16 32 10, amending section 294A.9, subsection 9, if enacted,
16 33 being deemed of immediate importance, takes effect
16 34 upon enactment.
16 35 Sec. 48. 2009 Iowa Acts, Senate File 446, section
16 36 82, is repealed.
16 37 Sec. 49. CONTINGENT REPEAL. If 2009 Iowa Acts,
16 38 Senate File 438, is enacted and amends section 235B.2,
16 39 subsection 5, paragraph "a", subparagraph (3), 2009
16 40 Iowa Acts, Senate File 446, sections 95 and 96, are
16 41 repealed.
16 42 Sec. 50. EFFECTIVE DATES AND RETROACTIVITY. The
16 43 section of this division of this Act relating to 2009
16 44 Iowa Acts, Senate File 445, section 10, and amending
16 45 section 294A.9, subsection 9, being deemed of
16 46 immediate importance, takes effect upon enactment.
16 47 DIVISION V
16 48 JUDICIAL BRANCH FEES == APPROPRIATIONS
16 49 Sec. 51. Section 602.8105, subsection 1, paragraph
16 50 a, Code 2009, is amended to read as follows:
17 1 a. For Except as otherwise provided in this
17 2 subsection, for filing and docketing a petition, other
17 3 than a modification of a dissolution decree to which a
17 4 written stipulation is attached at the time of filing
17 5 containing the agreement of the parties to the terms
17 6 of modification, one hundred eighty=five dollars. In
17 7 counties having a population of ninety=eight thousand
17 8 or over, an additional five dollars shall be charged
17 9 and collected to be known as the journal publication
17 10 fee and used for the purposes provided for in section
17 11 618.13. For multiple adoption petitions filed at the
17 12 same time by the same petitioner under section 600.3,
17 13 the filing fee and any court costs for any petition
17 14 filed in addition to the first petition filed are
17 15 waived.
17 16 Sec. 52. Section 602.8105, subsection 1, Code
17 17 2009, is amended by adding the following new
17 18 paragraph:
17 19 NEW PARAGRAPH. aa. For filing and docketing a
17 20 petition pursuant to chapter 598 other than a
17 21 dissolution of marriage petition, one hundred dollars.
17 22 Sec. 53. Section 602.8105, subsection 1, paragraph
17 23 b, Code 2009, is amended to read as follows:
17 24 b. For filing and docketing an application for
17 25 modification of a dissolution decree to which a
17 26 written stipulation is attached at the time of filing
17 27 containing the agreement of the parties to the terms
17 28 of modification, fifty one hundred dollars.
17 29 Sec. 54. Section 602.8105, subsection 1, Code
17 30 2009, is amended by adding the following new
17 31 paragraph:
17 32 NEW PARAGRAPH. cc. For filing and docketing a
17 33 petition for adoption pursuant to chapter 600, one
17 34 hundred dollars. For multiple adoption petitions
17 35 filed at the same time by the same petitioner under
17 36 section 600.3, the filing fee and any court costs for
17 37 any petition filed in addition to the first petition
17 38 filed are waived.
17 39 Sec. 55. Section 602.8105, subsection 1, paragraph
17 40 e, Code 2009, is amended to read as follows:
17 41 e. For an appeal from a judgment in small claims
17 42 or for filing and docketing a writ of error,
17 43 seventy=five one hundred eighty=five dollars.
17 44 Sec. 56. Section 602.8105, subsection 2,
17 45 paragraphs a, b, c, and d, Code 2009, are amended to
17 46 read as follows:
17 47 a. For filing, entering, and endorsing a
17 48 mechanic's lien, twenty fifty dollars, and if a suit
17 49 is brought, the fee is taxable as other costs in the
17 50 action.
18 1 b. For filing and entering any other statutory
18 2 lien, twenty fifty dollars.
18 3 c. For a certificate and seal, ten twenty dollars.
18 4 However, there shall be no charge for a certificate
18 5 and seal to an application to procure a pension,
18 6 bounty, or back pay for a member of the armed services
18 7 or other person.
18 8 d. For certifying a change in title of real
18 9 estate, twenty fifty dollars.
18 10 Sec. 57. Section 602.8105, subsection 2, Code
18 11 2009, is amended by adding the following new
18 12 paragraph:
18 13 NEW PARAGRAPH. gg. For filing a lis pendens,
18 14 fifty dollars.
18 15 Sec. 58. Section 602.8106, subsection 1,
18 16 paragraphs b, d, e, and f, Code 2009, are amended to
18 17 read as follows:
18 18 b. For filing and docketing of a complaint or
18 19 information for a simple misdemeanor and a complaint
18 20 or information for a nonscheduled simple misdemeanor
18 21 under chapter 321, fifty sixty dollars.
18 22 d. The court costs in scheduled violation cases
18 23 where a court appearance is required, fifty sixty
18 24 dollars.
18 25 e. For court costs in scheduled violation cases
18 26 where a court appearance is not required, fifty sixty
18 27 dollars.
18 28 f. For an appeal of a simple misdemeanor to the
18 29 district court, fifty seventy=five dollars.
18 30 Sec. 59. Section 625.8, subsection 2, Code 2009,
18 31 is amended to read as follows:
18 32 2. The clerk of the district court shall tax as a
18 33 court cost a fee of fifteen forty dollars per day for
18 34 the services of a court reporter.
18 35 Sec. 60. Section 631.6, subsection 1, paragraph a,
18 36 Code 2009, is amended to read as follows:
18 37 a. Fees for filing and docketing shall be fifty
18 38 eighty=five dollars.
18 39 Sec. 61. Section 633.31, subsection 2, paragraph
18 40 k, unnumbered paragraph 8, Code 2009, is amended to
18 41 read as follows:
18 42 For each additional $25,000.00 or major
18 43 fraction thereof ....................................... 25.00
18 44 50.00
18 45 Sec. 62. Section 911.1, subsection 1, Code 2009,
18 46 is amended to read as follows:
18 47 1. A criminal penalty surcharge shall be levied
18 48 against law violators as provided in this section.
18 49 When a court imposes a fine or forfeiture for a
18 50 violation of state law, or a city or county ordinance,
19 1 except an ordinance regulating the parking of motor
19 2 vehicles, the court or the clerk of the district court
19 3 shall assess an additional penalty in the form of a
19 4 criminal penalty surcharge equal to thirty=two
19 5 thirty=five percent of the fine or forfeiture imposed.
19 6 Sec. 63. 2009 Iowa Acts, Senate File 472, section
19 7 1, subsection 1, unnumbered paragraph 2, if enacted,
19 8 is amended to read as follows:
19 9 For salaries of supreme court justices, appellate
19 10 court judges, district court judges, district
19 11 associate judges, judicial magistrates and staff,
19 12 state court administrator, clerk of the supreme court,
19 13 district court administrators, clerks of the district
19 14 court, juvenile court officers, board of law examiners
19 15 and board of examiners of shorthand reporters and
19 16 judicial qualifications commission; receipt and
19 17 disbursement of child support payments; reimbursement
19 18 of the auditor of state for expenses incurred in
19 19 completing audits of the offices of the clerks of the
19 20 district court during the fiscal year beginning July
19 21 1, 2009; and maintenance, equipment, and miscellaneous
19 22 purposes:
19 23 .................................................. $149,184,957
19 24 160,184,957
19 25 As a condition of receiving an increase to the
19 26 appropriation made in this section, the judicial
19 27 branch shall allocate the first $5,400,000 of the
19 28 increased amount as follows: $4,800,000 for the
19 29 state's required contribution under section 602.9104
19 30 to the judicial retirement fund, $350,000 for court
19 31 debt collection, and $250,000 for judicial officer and
19 32 court employee travel reimbursement for civil trials.
19 33 Sec. 64. JUDICIAL BRANCH. There is appropriated
19 34 from the general fund of the state to the judicial
19 35 branch for the fiscal year beginning July 1, 2008, and
19 36 ending June 30, 2009, the following amount, or so much
19 37 thereof as is necessary, to be used for the purposes
19 38 designated:
19 39 For the operations and duties of the judicial
19 40 branch, and maintenance, equipment, and miscellaneous
19 41 purposes:
19 42 .................................................. $ 760,000
19 43 Sec. 65. DRUG COURT PROGRAMS. In addition to the
19 44 appropriations in 2009 Iowa Acts, Senate File 475,
19 45 section 5, if enacted, and any other appropriations,
19 46 there is appropriated from the general fund of the
19 47 state to the department of corrections for the fiscal
19 48 year beginning July 1, 2009, and ending June 30, 2010,
19 49 the following amounts, or so much thereof as is
19 50 necessary, for maintaining drug court programs in each
20 1 county in which such a program exists as of April 1,
20 2 2009, within a judicial district department of
20 3 correctional services, to be allocated as follows:
20 4 1. For the first judicial district department of
20 5 correctional services:
20 6 .................................................. $ 359,895
20 7 2. For the second judicial district department of
20 8 correctional services:
20 9 .................................................. $ 252,799
20 10 3. For the third judicial district department of
20 11 correctional services:
20 12 .................................................. $ 220,856
20 13 4. For the fourth judicial district department of
20 14 correctional services:
20 15 .................................................. $ 318,752
20 16 5. For the fifth judicial district department of
20 17 correctional services:
20 18 .................................................. $ 319,582
20 19 6. For the sixth judicial district department of
20 20 correctional services:
20 21 .................................................. $ 369,486
20 22 7. For the seventh judicial district department of
20 23 correctional services:
20 24 .................................................. $ 157,173
20 25 8. For the eighth judicial district department of
20 26 correctional services:
20 27 .................................................. $ 182,066
20 28 It is the intent of the general assembly that each
20 29 judicial district department of correctional services
20 30 shall cooperate with and utilize local community=based
20 31 treatment providers licensed under chapter 125. Each
20 32 judicial district department of correctional services
20 33 shall submit a report to the general assembly and to
20 34 the co=chairpersons and ranking members of the joint
20 35 appropriations subcommittee on the justice system, and
20 36 the legislative services agency by December 15, 2009,
20 37 detailing the utilization of drug court funds
20 38 allocated in this section.
20 39 Sec. 66. ADDITIONAL APPROPRIATION == DEPARTMENT OF
20 40 PUBLIC SAFETY. In addition to the appropriations in
20 41 2009 Iowa Acts, Senate File 475, section 14, if
20 42 enacted, and any other appropriations, there is
20 43 appropriated from the general fund of the state to the
20 44 department of public safety for the fiscal year
20 45 beginning July 1, 2009, and ending June 30, 2010, the
20 46 following amount, or so much thereof as is necessary,
20 47 to be used for the purpose designated:
20 48 For performing the duties of the department:
20 49 .................................................. $ 1,576,987
20 50 Sec. 67. VICTIM ASSISTANCE GRANTS. In addition to
21 1 the appropriation in 2009 Iowa Acts, Senate File 475,
21 2 section 1, if enacted, and any other appropriations,
21 3 there is appropriated from the general fund of the
21 4 state to the department of justice for the fiscal year
21 5 beginning July 1, 2009, and ending June 30, 2010, the
21 6 following amount, or so much thereof as is necessary,
21 7 to be used for the purposes designated:
21 8 For victim assistance grants:
21 9 .................................................. $ 1,000,000
21 10 Sec. 68. FAMILY LAW MEDIATION. Each judicial
21 11 district is encouraged to implement a family law
21 12 mediation program pursuant to section 598.7, to
21 13 encourage the resolution of domestic relations
21 14 disputes through facilitation of communication and
21 15 negotiation between parties in reaching voluntary
21 16 agreements, rather than prolonged judicial,
21 17 administrative, arbitral, or other adjudicative
21 18 processes or proceedings. Each judicial district
21 19 shall report to the supreme court by January 15, 2010,
21 20 its decision regarding such implementation.
21 21 Sec. 69. EFFECTIVE DATES.
21 22 1. This division of this Act, being deemed of
21 23 immediate importance, takes effect upon enactment.
21 24 2. Notwithstanding subsection 1, the sections of
21 25 this division of this Act amending 2009 Iowa Acts,
21 26 Senate File 472, section 1, subsection 1, unnumbered
21 27 paragraph 2, appropriating moneys to the department of
21 28 corrections for drug court programs, supplementing
21 29 appropriations to the department of public safety for
21 30 duties of the department, and supplementing
21 31 appropriations to the department of justice for victim
21 32 assistance grants, take effect July 1, 2009.
21 33 DIVISION VI
21 34 TRANSPORTATION PROVISIONS
21 35 Sec. 70. DEPARTMENT OF TRANSPORTATION.
21 36 1. There is appropriated from the primary road
21 37 fund to the department of transportation for the
21 38 fiscal year beginning July 1, 2008, and ending June
21 39 30, 2009, the following amount, or so much thereof as
21 40 is necessary, to be used for the purposes designated:
21 41 For the purchase of salt:
21 42 .................................................. $ 2,271,600
21 43 2. Notwithstanding section 8.33, moneys
21 44 appropriated in this section that remain unencumbered
21 45 or unobligated at the close of the fiscal year shall
21 46 not revert but shall remain available for expenditure
21 47 for the designated purpose until the close of the
21 48 succeeding fiscal year.
21 49 Sec. 71. Section 321H.3, subsection 2, Code 2009,
21 50 as amended by 2009 Acts, Senate File 419, if enacted,
22 1 is amended to read as follows:
22 2 2. Dismantling, scrapping, recycling, or
22 3 salvaging, or obtaining a junking certificate for more
22 4 than six vehicles subject to registration in a
22 5 twelve=month period.
22 6 Sec. 72. REIMBURSEMENT TO CITY OF MUSCATINE.
22 7 There is appropriated from the road use tax fund to
22 8 the department of transportation for the fiscal year
22 9 beginning July 1, 2009, and ending June 30, 2010, the
22 10 following amount, or so much thereof as is necessary,
22 11 to be used for the purposes designated:
22 12 To reimburse the city of Muscatine for costs
22 13 associated with implementation of section 314.29:
22 14 .................................................. $ 1,072
22 15 Sec. 73. PAYMENT OF CEDAR FALLS ASSESSMENT. There
22 16 is appropriated from the road use tax fund to the
22 17 department of transportation for the fiscal year
22 18 beginning July 1, 2009, and ending June 30, 2010, the
22 19 following amount, or so much thereof as is necessary,
22 20 to be used for the purpose designated:
22 21 For payment pursuant to section 307.45, to the city
22 22 of Cedar Falls for improvements to west twenty=third
22 23 street adjoining university of northern Iowa property:
22 24 .................................................. $ 317,906
22 25 Sec. 74. Section 307.45, unnumbered paragraph 4,
22 26 Code 2009, is amended by striking the unnumbered
22 27 paragraph.
22 28 Sec. 75. EFFECTIVE DATE. The section of this
22 29 division of this Act relating to the appropriation
22 30 from the primary road fund to the department of
22 31 transportation for the purchase of salt, being deemed
22 32 of immediate importance, takes effect upon enactment.
22 33 DIVISION VII
22 34 MISCELLANEOUS APPROPRIATIONS
22 35 Sec. 76. RACING AND GAMING COMMISSION. There is
22 36 appropriated from the general fund of the state to the
22 37 racing and gaming commission for the fiscal year
22 38 beginning July 1, 2009, and ending June 30, 2010, the
22 39 following amount, or so much thereof as is necessary,
22 40 to be used for the purposes designated:
22 41 1. RACETRACK REGULATION
22 42 For salaries, support, maintenance, and
22 43 miscellaneous purposes and for the regulation of
22 44 pari=mutuel racetracks:
22 45 .................................................. $ 277,374
22 46 2. EXCURSION BOAT AND GAMBLING STRUCTURE
22 47 REGULATION
22 48 For salaries, support, maintenance, and
22 49 miscellaneous purposes and for administration and
22 50 enforcement of the excursion boat gambling and
23 1 gambling structure laws:
23 2 .................................................. $ 321,316
23 3 Sec. 77. 2009 Iowa Acts, Senate File 470, section
23 4 10, subsection 2, paragraph b, if enacted, is amended
23 5 to read as follows:
23 6 b. Center for disabilities and development
23 7 For salaries, support, maintenance, miscellaneous
23 8 purposes, and for not more than the following
23 9 full=time equivalent positions:
23 10 .................................................. $ 6,335,993
23 11 ............................................... FTEs 130.37
23 12 From the moneys appropriated in this lettered
23 13 paragraph, $182,140 shall be allocated for purposes of
23 14 the employment policy group.
23 15 Sec. 78. 2009 Iowa Acts, House File 811, section
23 16 9, unnumbered paragraph 2, if enacted, is amended to
23 17 read as follows:
23 18 For medical assistance reimbursement and associated
23 19 costs as specifically provided in the reimbursement
23 20 methodologies in effect on June 30, 2009, except as
23 21 otherwise expressly authorized by law, including
23 22 reimbursement for abortion services which shall be
23 23 available under the medical assistance program only
23 24 for those abortions which are medically necessary:
23 25 .................................................. $677,613,847
23 26 681,949,840
23 27 Sec. 79. 2009 Iowa Acts, House File 811, section
23 28 9, subsection 12, if enacted, is amended to read as
23 29 follows:
23 30 12. a. Of the funds appropriated in this section,
23 31 $2,687,889 $7,023,882 is allocated for state match for
23 32 disproportionate share hospital payment of $7,321,954
23 33 $19,133,430 to hospitals that meet both of the
23 34 following conditions:
23 35 (1) The hospital qualifies for disproportionate
23 36 share and graduate medical education payments.
23 37 (2) The hospital is an Iowa state=owned hospital
23 38 with more than 500 beds and eight or more distinct
23 39 residency specialty or subspecialty programs
23 40 recognized by the American college of graduate medical
23 41 education.
23 42 b. Distribution of the disproportionate share
23 43 payment shall be made on a monthly basis. The total
23 44 amount of disproportionate share payments including
23 45 graduate medical education, enhanced disproportionate
23 46 share, and Iowa state=owned teaching hospital payments
23 47 shall not exceed the amount of the state's allotment
23 48 under Pub. L. No. 102=234. In addition, the total
23 49 amount of all disproportionate share payments shall
23 50 not exceed the hospital=specific disproportionate
24 1 share limits under Pub. L. No. 103=66.
24 2 c. The department shall amend the medical
24 3 assistance state plan as necessary to implement the
24 4 provisions of this subsection. If the state plan
24 5 amendment is not approved as submitted or there are
24 6 changes in federal policies or application of federal
24 7 policies that impact the distribution of
24 8 disproportionate share hospital payments, the
24 9 department shall immediately notify the governor and
24 10 the general assembly.
24 11 Sec. 80. TUITION GRANTS == APPROPRIATION. There
24 12 is appropriated from the general fund of the state to
24 13 the college student aid commission for the fiscal year
24 14 beginning July 1, 2009, and ending June 30, 2010, the
24 15 following amount, or so much thereof as is necessary,
24 16 to be used for the purposes designated:
24 17 For tuition grants as provided under section
24 18 261.25, subsection 1:
24 19 .................................................. $ 2,000,000
24 20 Sec. 81. 2009 Iowa Acts, Senate File 467, section
24 21 1, if enacted, is amended by adding the following new
24 22 subsection:
24 23 NEW SUBSECTION. 3. Of the amount appropriated in
24 24 this section, $238,000 is transferred to Iowa state
24 25 university of science and technology, to be used for
24 26 the university's midwest grape and wine industry
24 27 institute.
24 28 DIVISION VIII
24 29 MISCELLANEOUS STATUTORY CHANGES
24 30 Sec. 82. COUNTY LAND RECORD INFORMATION SYSTEM ==
24 31 PROJECT MANAGER. If Senate File 465, relating to the
24 32 duties of county recorders, fees collected by the
24 33 county recorders, and the county land record
24 34 information system, is enacted by the Eighty=third
24 35 General Assembly and signed into law by the governor,
24 36 the governing board of the county land record
24 37 information system shall immediately terminate any
24 38 existing contract with a project manager if such
24 39 termination prior to the end of the contract term is
24 40 permitted under the contract. Following such
24 41 termination the governing board of the county land
24 42 record information system shall initiate a new request
24 43 for proposals for a project manager.
24 44 Sec. 83. GLENWOOD STATE PRESERVE. Portions of the
24 45 property of the Glenwood state resource center that
24 46 are not necessary to the operation of the center and
24 47 that have been determined to be archaeologically and
24 48 environmentally significant by the state
24 49 archaeologist, shall be transferred to the
24 50 jurisdiction of the department of natural resources.
25 1 The director of the department of human services shall
25 2 execute such real estate transfer documents as are
25 3 necessary to transfer such real property of the
25 4 Glenwood state resource center, as identified in
25 5 contract completion report No. 1553 (2007) of the
25 6 state archaeologist, to the department of natural
25 7 resources. The state advisory board for preserves
25 8 shall assess the natural condition, character, and
25 9 features of the transferred property and make
25 10 recommendations for the establishment of a state
25 11 preserve on the property. The department of natural
25 12 resources may establish agreements with governmental
25 13 bodies and independent nonprofit agencies to construct
25 14 recreational and educational facilities on the
25 15 transferred property, such as, but not limited to,
25 16 event facilities and interpretive centers.
25 17 Sec. 84. DISASTER=IMPACTED EXEMPTION.
25 18 Notwithstanding the requirement for the filing of a
25 19 claim for property tax exemption by February 1, and
25 20 notwithstanding any other provisions to the contrary,
25 21 a society or organization claiming an exemption under
25 22 section 427.1, subsection 14, may file for an
25 23 exemption with the local assessor by May 1, 2009, for
25 24 property that is located in a county declared a
25 25 disaster area in calendar year 2008, if the society or
25 26 organization was unable to file for the exemption as a
25 27 result of the inability or failure to file for the
25 28 exemption caused by the need to respond to a natural
25 29 disaster occurring in calendar year 2008.
25 30 Sec. 85. NEW SECTION. 7D.16 ALCOHOLIC BEVERAGES
25 31 IN STATE CAPITOL OR ON COMPLEX GROUNDS.
25 32 Notwithstanding any contrary provision of law
25 33 prohibiting the use and consumption of alcoholic
25 34 beverages in a public place, the executive council may
25 35 authorize, by resolution, the temporary use and
25 36 consumption of alcoholic beverages, as defined in
25 37 section 123.3, in the state capitol or on the state
25 38 capitol complex grounds, as if the state capitol or
25 39 state capitol complex grounds were a private place.
25 40 The authorization by resolution shall be limited to
25 41 the use and consumption of alcoholic beverages as an
25 42 accompaniment to food at a single award ceremony,
25 43 social event, or other occasion deemed appropriate by
25 44 the executive council. The authorization shall
25 45 require that the person providing the food and
25 46 alcoholic beverages possess an appropriate liquor
25 47 control license in accordance with section 123.95.
25 48 The secretary of the executive council shall inform
25 49 the secretary of the legislative council and the
25 50 director of the department of administrative services
26 1 of the approval of any such resolution.
26 2 Sec. 86. Section 15.335, Code 2009, is amended by
26 3 adding the following new subsection:
26 4 NEW SUBSECTION. 6. Notwithstanding any provision
26 5 to the contrary, the amount of tax credit claimed
26 6 under this section and the identity of the taxpayer
26 7 making the claim shall be a public record. The
26 8 department of revenue shall issue a quarterly report
26 9 containing the name of each taxpayer claiming the
26 10 credit, the dollar amount of the claim, and the
26 11 portion of the claim issued as a refund to the
26 12 taxpayer, for each claim processed during the previous
26 13 calendar quarter, beginning with claims filed on or
26 14 after July 1, 2009.
26 15 Sec. 87. Section 15.335, subsection 4, paragraph
26 16 b, Code 2009, is amended to read as follows:
26 17 b. For purposes of this section, "Internal Revenue
26 18 Code" means the Internal Revenue Code in effect on
26 19 January 1, 2008 2009.
26 20 Sec. 88. Section 15A.9, subsection 8, paragraph e,
26 21 subparagraph (2), Code 2009, is amended to read as
26 22 follows:
26 23 (2) For purposes of this subsection, "Internal
26 24 Revenue Code" means the Internal Revenue Code in
26 25 effect on January 1, 2008 2009.
26 26 Sec. 89. Section 15E.196, subsection 1, paragraph
26 27 b, Code 2009, is amended by striking the paragraph.
26 28 Sec. 90. Section 15E.305, subsection 1, Code 2009,
26 29 is amended to read as follows:
26 30 1. For tax years beginning on or after January 1,
26 31 2003, a tax credit shall be allowed against the taxes
26 32 imposed in chapter 422, divisions II, III, and V, and
26 33 in chapter 432, and against the moneys and credits tax
26 34 imposed in section 533.329 equal to twenty twenty=five
26 35 percent of a taxpayer's endowment gift to an endow
26 36 Iowa qualified community foundation. An individual
26 37 may claim a tax credit under this section of a
26 38 partnership, limited liability company, S corporation,
26 39 estate, or trust electing to have income taxed
26 40 directly to the individual. The amount claimed by the
26 41 individual shall be based upon the pro rata share of
26 42 the individual's earnings from the partnership,
26 43 limited liability company, S corporation, estate, or
26 44 trust. A tax credit shall be allowed only for an
26 45 endowment gift made to an endow Iowa qualified
26 46 community foundation for a permanent endowment fund
26 47 established to benefit a charitable cause in this
26 48 state. The amount of the endowment gift for which the
26 49 tax credit is claimed shall not be deductible in
26 50 determining taxable income for state income tax
27 1 purposes. Any tax credit in excess of the taxpayer's
27 2 tax liability for the tax year may be credited to the
27 3 tax liability for the following five years or until
27 4 depleted, whichever occurs first. A tax credit shall
27 5 not be carried back to a tax year prior to the tax
27 6 year in which the taxpayer claims the tax credit.
27 7 Sec. 91. Section 15E.305, subsection 2, unnumbered
27 8 paragraph 1, Code 2009, is amended to read as follows:
27 9 The aggregate amount of tax credits authorized
27 10 pursuant to this section shall not exceed a total of
27 11 two three million dollars plus such additional credit
27 12 amount as provided by this section annually. The
27 13 maximum amount of tax credits granted to a taxpayer
27 14 shall not exceed five percent of the aggregate amount
27 15 of tax credits authorized.
27 16 Sec. 92. Section 26.3, subsection 2, Code 2009, is
27 17 amended to read as follows:
27 18 2. A governmental entity shall have an engineer
27 19 licensed under chapter 542B, a landscape architect
27 20 licensed under chapter 544B, or an architect
27 21 registered under chapter 544A prepare plans and
27 22 specifications, and calculate the estimated total cost
27 23 of a proposed public improvement. A governmental
27 24 entity shall ensure that sufficient paper copies of
27 25 the plans, specifications, and estimated total costs
27 26 of the proposed public improvement are available for
27 27 prospective bidders.
27 28 Sec. 93. Section 26.7, subsection 3, Code 2009, is
27 29 amended to read as follows:
27 30 3. On public improvements to be financed wholly or
27 31 partially by special assessments against benefited
27 32 property, the governmental entity, in the notice to
27 33 bidders, may request aggregate bids for all projects
27 34 included in any resolution of necessity,
27 35 notwithstanding variations in the sizes of the
27 36 improvements and notwithstanding that some parts of
27 37 the improvements are assessable and some
27 38 nonassessable, and may award the contract to the
27 39 lowest responsive, responsible bidder submitting the
27 40 lowest aggregate bid.
27 41 Sec. 94. Section 26.9, Code 2009, is amended to
27 42 read as follows:
27 43 26.9 AWARD OF CONTRACT.
27 44 The contract for the public improvement must be
27 45 awarded to the lowest responsive, responsible bidder.
27 46 The designation of contractors and subcontractors as a
27 47 responsible bidder is an independent function and
27 48 involves an analysis separate from the price of the
27 49 bid. Factors used to determine a responsible bidder
27 50 shall include, but shall not be limited to financial
28 1 responsibility, compliance with applicable laws, and
28 2 ability and experience in the performance of similar
28 3 contracts. A public entity may use a prequalification
28 4 questionnaire as a means for predefining acceptable,
28 5 responsible bidders. However, contracts relating to
28 6 public utilities or extensions or improvements
28 7 thereof, as described in sections 384.80 through
28 8 384.94, may be awarded by the city as it deems to be
28 9 in the best interests of the city. This section shall
28 10 not be construed to prohibit a governmental entity in
28 11 the award of a contract for a public improvement or a
28 12 governing body of a city utility from providing, in
28 13 the award of a contract for a public improvement, an
28 14 enhancement of payments upon early completion of the
28 15 public improvement if the availability of the
28 16 enhancement payments is included in the notice to
28 17 bidders, the enhancement payments are competitively
28 18 neutral to potential bidders, the enhancement payments
28 19 are considered as a separate item in the public
28 20 hearing on the award of contract, and the total value
28 21 of the enhancement payments does not exceed ten
28 22 percent of the value of the contract.
28 23 Sec. 95. Section 26.10, subsection 1, Code 2009,
28 24 is amended to read as follows:
28 25 1. The date and time that each bid is received by
28 26 the governmental entity, together with the name of the
28 27 person receiving the bid, shall be recorded on the
28 28 envelope containing the bid. All bids received after
28 29 the deadlines for submission of bids as stated in the
28 30 project specifications shall not be considered and
28 31 shall be returned to the late bidder unopened. The
28 32 governmental entity shall open, announce the amount of
28 33 the bids, and file all proposals received, at the time
28 34 and place specified in the notice to bidders. The
28 35 governmental entity may, by resolution, award the
28 36 contract for the public improvement to the bidder
28 37 submitting the lowest responsive, responsible bid,
28 38 determined as provided in section 26.9, or the
28 39 governmental entity may reject all bids received, fix
28 40 a new date for receiving bids, and order publication
28 41 of a new notice to bidders. The governmental entity
28 42 shall retain the bid security furnished by the
28 43 successful bidder until the approved contract form has
28 44 been executed, a bond has been filed by the bidder
28 45 guaranteeing the performance of the contract, and the
28 46 contract and bond have been approved by the
28 47 governmental entity. The provisions of chapter 573,
28 48 where applicable, apply to contracts awarded under
28 49 this chapter.
28 50 Sec. 96. Section 26.14, subsection 3, paragraphs b
29 1 and c, Code 2009, are amended to read as follows:
29 2 b. The governmental entity shall designate the
29 3 time, place, and manner for filing quotations, which
29 4 may be received by mail, facsimile, or electronic
29 5 mail. The governmental entity shall award the
29 6 contract to the contractor submitting the lowest
29 7 responsive, responsible quotation subject to section
29 8 26.9, or the governmental entity may reject all of the
29 9 quotations. The unconditional acceptance and approval
29 10 of the lowest responsive, responsible quotation shall
29 11 constitute the award of a contract. The governmental
29 12 entity shall record the approved quotation in its
29 13 meeting minutes. The contractor awarded the contract
29 14 shall not commence work until the contractor's
29 15 performance and payment bond has been approved by the
29 16 governmental entity. A governmental entity may
29 17 delegate the authority to award a contract, to execute
29 18 a contract, to authorize work to proceed under a
29 19 contract, or to approve the contractor's performance
29 20 and payment bond to an officer or employee of the
29 21 governmental entity. A quotation approved outside a
29 22 meeting of the governing body of a governmental entity
29 23 shall be included in the minutes of the next regular
29 24 or special meeting of the governing body.
29 25 c. If a public improvement may be performed by an
29 26 employee of the governmental entity, the amount of
29 27 estimated sales and fuel tax and the premium cost for
29 28 the performance and payment bond which a contractor
29 29 identifies in its quotation shall be deducted from the
29 30 contractor's price for determining the lowest
29 31 responsible quotation. If no quotations are received
29 32 to perform the work, or if the governmental entity's
29 33 estimated cost to do the work with its employee is
29 34 less than the lowest responsive, responsible quotation
29 35 received, the governmental entity may authorize its
29 36 employee or employees to perform the work.
29 37 Sec. 97. Section 35C.1, subsection 1, Code 2009,
29 38 as amended by 2009 Iowa Acts, Senate File 186, section
29 39 1, if enacted, is amended by striking the subsection
29 40 and inserting in lieu thereof the following:
29 41 1. In every public department and upon all public
29 42 works in the state, and of the counties, cities, and
29 43 school corporations of the state, veterans who are
29 44 citizens and residents of the United States are
29 45 entitled to preference in appointment and employment
29 46 over other applicants of no greater qualifications.
29 47 The preference in appointment and employment for
29 48 employees of cities under a municipal civil service is
29 49 the same as provided in section 400.10. For purposes
29 50 of this section, "veteran" means as defined in section
30 1 35.1 except that the requirement that the person be a
30 2 resident of this state shall not apply.
30 3 Sec. 98. Section 85.61, Code 2009, is amended by
30 4 adding the following new subsection:
30 5 NEW SUBSECTION. 7A. "Reasonable or probable cause
30 6 or excuse" means an excuse supported on the basis of
30 7 facts determined reasonable by the workers'
30 8 compensation commissioner and does not mean an excuse
30 9 supported on the basis of facts fairly debatable as a
30 10 matter of law as recognized in the common law with
30 11 respect to a bad=faith tort.
30 12 Sec. 99. Section 85.71, subsection 1, paragraph a,
30 13 Code 2009, is amended to read as follows:
30 14 a. The employer has a place of business in this
30 15 state and the employee regularly works at or from that
30 16 place of business, or the employer has a place of
30 17 business in this state and the employee is domiciled
30 18 in this state.
30 19 Sec. 100. Section 96.40, subsection 2, paragraph
30 20 i, Code 2009, is amended to read as follows:
30 21 i. The duration of the shared work plan will not
30 22 exceed twenty=six fifty=two weeks. An employing unit
30 23 is eligible for approval of only one plan during a
30 24 twenty=four=month period.
30 25 Sec. 101. Section 96.40, subsection 8, Code 2009,
30 26 is amended to read as follows:
30 27 8. An individual shall not be entitled to receive
30 28 shared work benefits and regular unemployment
30 29 compensation benefits in an aggregate amount which
30 30 exceeds the maximum total amount of benefits payable
30 31 to that individual in a benefit year as provided under
30 32 section 96.3, subsection 5. Notwithstanding any other
30 33 provisions of this chapter, an individual shall not be
30 34 eligible to receive shared work benefits for more than
30 35 twenty=six calendar weeks during the individual's
30 36 benefit year.
30 37 Sec. 102. Section 99B.10, subsection 1, paragraph
30 38 a, Code 2009, is amended to read as follows:
30 39 a. A prize of merchandise exceeding five fifty
30 40 dollars in value shall not be awarded for use of the
30 41 device. However, a mechanical or amusement device may
30 42 be designed or adapted to award a prize or one or more
30 43 free games or portions of games without payment of
30 44 additional consideration by the participant.
30 45 Sec. 103. Section 103.1, Code 2009, is amended by
30 46 adding the following new subsection:
30 47 NEW SUBSECTION. 7A. "Farm" means land, buildings
30 48 and structures used for agricultural purposes
30 49 including but not limited to the storage, handling,
30 50 and drying of grain and the care, feeding, and housing
31 1 of livestock.
31 2 Sec. 104. Section 103.22, subsection 2, Code 2009,
31 3 is amended to read as follows:
31 4 2. Require employees of municipal utilities,
31 5 electric membership or cooperative associations,
31 6 investor=owned utilities, rural water associations or
31 7 districts, railroads, telecommunications companies,
31 8 franchised cable television operators, farms, or
31 9 commercial or industrial companies performing
31 10 manufacturing, installation, and repair work for such
31 11 employer to hold licenses while acting within the
31 12 scope of their employment. An employee of a farm does
31 13 not include a person who is employed for the primary
31 14 purpose of installing a new electrical installation.
31 15 Sec. 105. Section 103.29, Code 2009, is amended by
31 16 adding the following new subsection:
31 17 NEW SUBSECTION. 7. A county shall not perform
31 18 electrical inspections on a farm or farm residence.
31 19 Sec. 106. Section 103.32, Code 2009, is amended by
31 20 adding the following new subsection:
31 21 NEW SUBSECTION. 5. A state electrical inspection
31 22 fee shall not be assessed for an event benefiting a
31 23 nonprofit association representing volunteer service
31 24 providers. An electrical inspection fee shall not be
31 25 assessed by a political subdivision for an annual
31 26 event benefiting a nonprofit association representing
31 27 volunteer service providers.
31 28 Sec. 107. Section 214A.2, subsection 5, Code 2009,
31 29 is amended to read as follows:
31 30 5. Ethanol blended gasoline shall be designated
31 31 E=xx where "xx" is the volume percent of ethanol in
31 32 the ethanol blended gasoline and biodiesel fuel shall
31 33 be designated B=xx where "xx" is the volume percent of
31 34 biodiesel.
31 35 Sec. 108. Section 214A.3, subsection 2, paragraph
31 36 b, subparagraph (2), Code 2009, is amended to read as
31 37 follows:
31 38 (2) Biodiesel fuel shall be designated according
31 39 to its classification as provided in section 214A.2.
31 40 A person shall not knowingly falsely advertise
31 41 biodiesel blended fuel by using an inaccurate
31 42 designation in violation of this subparagraph as
31 43 provided in section 214A.2.
31 44 Sec. 109. Section 214A.5, Code 2009, is amended to
31 45 read as follows:
31 46 214A.5 SALES SLIP ON DEMAND DOCUMENTATION.
31 47 1. A wholesale dealer or retail dealer shall, when
31 48 making a sale of motor fuel, give to a purchaser upon
31 49 demand a sales slip.
31 50 2. A wholesale dealer selling ethanol blended
32 1 gasoline or biodiesel blended fuel to a purchaser
32 2 shall provide the purchaser with a statement
32 3 indicating its designation as provided in section
32 4 214A.2. The statement may be on the sales slip
32 5 provided in this section or a similar document,
32 6 including but not limited to a bill of lading or
32 7 invoice.
32 8 Sec. 110. Section 214A.16, subsection 1, Code
32 9 2009, is amended to read as follows:
32 10 1. a. If motor fuel containing a renewable fuel
32 11 ethanol blended gasoline is sold from a motor fuel
32 12 pump, the motor fuel pump shall have affixed a decal
32 13 identifying the name of the renewable fuel ethanol
32 14 blended gasoline. The decal shall be different based
32 15 on the type of renewable fuel dispensed. If the motor
32 16 fuel pump dispenses ethanol blended gasoline
32 17 classified as higher than standard ethanol blended
32 18 gasoline pursuant to section 214A.2, the decal shall
32 19 contain the following notice: "FOR FLEXIBLE FUEL
32 20 VEHICLES ONLY".
32 21 b. If biodiesel fuel is sold from a motor fuel
32 22 pump, the motor fuel pump shall have affixed a decal
32 23 identifying the biodiesel fuel as provided in 16
32 24 C.F.R. pt. 306.
32 25 Sec. 111. Section 321.105A, subsection 2,
32 26 paragraph c, subparagraph (25), unnumbered paragraph
32 27 1, Code 2009, is amended to read as follows:
32 28 Vehicles subject to registration under this chapter
32 29 with a gross vehicle weight rating of less than
32 30 sixteen thousand pounds, excluding motorcycles and
32 31 motorized bicycles, when purchased for lease and
32 32 titled by the lessor licensed pursuant to chapter 321F
32 33 and actually leased for a period of twelve months or
32 34 more if the lease of the vehicle is subject to the fee
32 35 for new registration under subsection 3.
32 36 Sec. 112. Section 321.105A, subsection 3,
32 37 paragraph a, Code 2009, is amended to read as follows:
32 38 a. A fee for new registration is imposed in an
32 39 amount equal to five percent of the leased price for
32 40 each vehicle subject to registration with a gross
32 41 vehicle weight rating of less than sixteen thousand
32 42 pounds, excluding motorcycles and motorized bicycles,
32 43 which is leased by a lessor licensed pursuant to
32 44 chapter 321F for a period of twelve months or more.
32 45 The fee for new registration shall be paid by the
32 46 owner of the vehicle to the county treasurer from whom
32 47 the registration receipt or certificate of title is
32 48 obtained. A registration receipt for a vehicle
32 49 subject to registration or issuance of a certificate
32 50 of title shall not be issued until the fee for new
33 1 registration is paid in the initial instance.
33 2 Sec. 113. Section 321.105A, subsection 5,
33 3 paragraph a, Code 2009, is amended by striking the
33 4 paragraph.
33 5 Sec. 114. Section 331.325, subsection 1, Code
33 6 2009, is amended to read as follows:
33 7 1. As used in this section, "pioneer cemetery"
33 8 means a cemetery where there have been six twelve or
33 9 fewer burials in the preceding fifty years.
33 10 Sec. 115. Section 400.10, Code 2009, as amended by
33 11 2009 Iowa Acts, Senate File 186, section 2, if
33 12 enacted, is amended by striking the section and
33 13 inserting in lieu thereof the following:
33 14 400.10 PREFERENCES.
33 15 In all examinations and appointments under this
33 16 chapter, other than promotions and appointments of
33 17 chief of the police department and chief of the fire
33 18 department, veterans who are citizens and residents of
33 19 the United States, shall have five percentage points
33 20 added to the veteran's grade or score attained in
33 21 qualifying examinations for appointment to positions
33 22 and five additional percentage points added to the
33 23 grade or score if the veteran has a service=connected
33 24 disability or is receiving compensation, disability
33 25 benefits or pension under laws administered by the
33 26 veterans administration. An honorably discharged
33 27 veteran who has been awarded the Purple Heart incurred
33 28 in action shall be considered to have a
33 29 service=connected disability. However, the percentage
33 30 points shall be given only upon passing the exam and
33 31 shall not be the determining factor in passing.
33 32 Veteran's preference percentage points shall be
33 33 applied once to the final scores used to rank
33 34 applicants for selection for an interview. For
33 35 purposes of this section, "veteran" means as defined
33 36 in section 35.1 except that the requirement that the
33 37 person be a resident of this state shall not apply.
33 38 Sec. 116. Section 412.2, subsection 1, Code 2009,
33 39 is amended to read as follows:
33 40 1. From the proceeds of the assessments on the
33 41 wages and salaries of employees, of any such
33 42 waterworks system, or other municipally owned and
33 43 operated public utility, eligible to receive the
33 44 benefits thereof. Notwithstanding any provisions of
33 45 section 20.9 to the contrary, a council, board of
33 46 waterworks, or other board or commission which
33 47 establishes a pension and annuity retirement system
33 48 pursuant to this chapter, shall negotiate in good
33 49 faith with a certified employee organization as
33 50 defined in section 20.3, which is the collective
34 1 bargaining representative of the employees, with
34 2 respect to the amount or rate of the assessment on the
34 3 wages and salaries of employees and the method or
34 4 methods for payment of the assessment by the
34 5 employees.
34 6 Sec. 117. Section 412.3, Code 2009, is amended to
34 7 read as follows:
34 8 412.3 RULES.
34 9 The council, board of waterworks trustees, or other
34 10 board or commission, whichever is authorized by law to
34 11 manage and operate such waterworks, or other
34 12 municipally owned and operated public utility, may
34 13 formulate and establish such pension and annuity
34 14 retirement system, and may make and establish such
34 15 rules for the operation thereof as may be deemed
34 16 necessary or appropriate, subject to the provision of
34 17 section 412.2, subsection 1.
34 18 Sec. 118. Section 422.10, subsection 3, unnumbered
34 19 paragraph 2, Code 2009, is amended to read as follows:
34 20 For purposes of this section, "Internal Revenue
34 21 Code" means the Internal Revenue Code in effect on
34 22 January 1, 2008 2009.
34 23 Sec. 119. Section 422.10, Code 2009, is amended by
34 24 adding the following new subsection:
34 25 NEW SUBSECTION. 6. Notwithstanding any provision
34 26 to the contrary, the amount of tax credit claimed
34 27 under this section and the identity of the taxpayer
34 28 making the claim shall be a public record. The
34 29 department shall issue a quarterly report containing
34 30 the name of each taxpayer claiming the credit, the
34 31 dollar amount of the claim, and the portion of the
34 32 claim issued as a refund to the taxpayer, for each
34 33 claim processed during the previous calendar quarter,
34 34 beginning with claims filed on or after July 1, 2009.
34 35 Sec. 120. Section 422.13, subsection 5, Code 2009,
34 36 is amended to read as follows:
34 37 5. a. Notwithstanding subsections 1 through 4 and
34 38 sections 422.15 and 422.36, a partnership, a limited
34 39 liability company whose members are taxed on the
34 40 company's income under provisions of the Internal
34 41 Revenue Code, trust, or corporation whose stockholders
34 42 are taxed on the corporation's income under the
34 43 provisions of the Internal Revenue Code may, not later
34 44 than the due date for filing its return for the
34 45 taxable year, including any extension thereof, elect
34 46 to file a composite return for the nonresident
34 47 partners, members, beneficiaries, or shareholders.
34 48 Nonresident trusts or estates which are partners,
34 49 members, beneficiaries, or shareholders in
34 50 partnerships, limited liability companies, trusts, or
35 1 S corporations may also be included on a composite
35 2 return. The director may require that a composite
35 3 return be filed under the conditions deemed
35 4 appropriate by the director. A partnership, limited
35 5 liability company, trust, or corporation filing a
35 6 composite return is liable for tax required to be
35 7 shown due on the return.
35 8 b. Notwithstanding subsection 1 through 4 and
35 9 sections 422.15 and 422.36, if the director determines
35 10 that it is necessary for the efficient administration
35 11 of this chapter, the director may require that a
35 12 composite return be filed for nonresidents other than
35 13 nonresident partners, members, beneficiaries or
35 14 shareholders in partnerships, limited liability
35 15 companies, trusts, or S corporations.
35 16 c. All powers of the director and requirements of
35 17 the director apply to returns filed under this
35 18 subsection including, but not limited to, the
35 19 provisions of this division and division VI of this
35 20 chapter.
35 21 Sec. 121. Section 422.33, subsection 5, paragraph
35 22 d, unnumbered paragraph 2, Code 2009, is amended to
35 23 read as follows:
35 24 For purposes of this subsection, "Internal Revenue
35 25 Code" means the Internal Revenue Code in effect on
35 26 January 1, 2008 2009.
35 27 Sec. 122. Section 422.33, subsection 5, Code 2009,
35 28 is amended by adding the following new paragraph:
35 29 NEW PARAGRAPH. h. Notwithstanding any provision
35 30 to the contrary, the amount of tax credit claimed
35 31 under this subsection and the identity of the taxpayer
35 32 making the claim shall be a public record. The
35 33 department shall issue a quarterly report containing
35 34 the name of each taxpayer claiming the credit, the
35 35 dollar amount of the claim, and the portion of the
35 36 claim issued as a refund to the taxpayer, for each
35 37 claim processed during the previous calendar quarter,
35 38 beginning with claims filed on or after July 1, 2009.
35 39 Sec. 123. Section 422.33, subsection 9, Code 2009,
35 40 is amended by striking the subsection.
35 41 Sec. 124. Section 422.88, subsections 2 and 3,
35 42 Code 2009, are amended to read as follows:
35 43 2. The amount of the underpayment shall be the
35 44 excess of the amount of the installment which would be
35 45 required to be paid if the estimated tax was equal to
35 46 ninety one hundred percent of the tax shown on the
35 47 return of the taxpayer for the taxable year over the
35 48 amount of installments paid on or before the date
35 49 prescribed for payment.
35 50 3. If the taxpayer did not file a return during
36 1 the taxable year, the amount of the underpayment shall
36 2 be equal to ninety one hundred percent of the
36 3 taxpayer's tax liability for the taxable year over the
36 4 amount of installments paid on or before the date
36 5 prescribed for payment.
36 6 Sec. 125. Section 423.3, subsection 39, Code 2009,
36 7 is amended to read as follows:
36 8 39. The sales price from "casual sales".
36 9 a. "Casual sales" means:
36 10 a. (1) Sales of tangible personal property, or the
36 11 furnishing of services, of a nonrecurring nature, by
36 12 the owner, if the seller, at the time of the sale, is
36 13 not engaged for profit in the business of selling
36 14 tangible personal property or services taxed under
36 15 section 423.2.
36 16 b. (2) The sale of all or substantially all of the
36 17 tangible personal property or services held or used by
36 18 a seller in the course of the seller's trade or
36 19 business for which the seller is required to hold a
36 20 sales tax permit when the seller sells or otherwise
36 21 transfers the trade or business to another person who
36 22 shall engage in a similar trade or business.
36 23 c. (3) Notwithstanding paragraph "a" subparagraph
36 24 (1), the sale, furnishing, or performance of a service
36 25 that is of a recurring nature by the owner if, at the
36 26 time of the sale, all of the following apply:
36 27 (1) (a) The seller is not engaged for profit in
36 28 the business of the selling, furnishing, or
36 29 performance of services taxed under section 423.2.
36 30 For purposes of this subparagraph, the fact of the
36 31 recurring nature of selling, furnishing, or
36 32 performance of services does not constitute by itself
36 33 engaging for profit in the business of selling,
36 34 furnishing, or performance of services.
36 35 (2) (b) The owner of the business is the only
36 36 person performing the service.
36 37 (3) (c) The owner of the business is a full=time
36 38 student.
36 39 (4) (d) The total gross receipts from the sales,
36 40 furnishing, or performance of services during the
36 41 calendar year does not exceed five thousand dollars.
36 42 b. The exemption under this subsection does not
36 43 apply to vehicles subject to registration, all=terrain
36 44 vehicles, snowmobiles, off=road motorcycles, off=road
36 45 utility vehicles, aircraft, or commercial or pleasure
36 46 watercraft or water vessels.
36 47 Sec. 126. Section 423A.5, subsection 1, paragraph
36 48 c, Code 2009, is amended by striking the paragraph.
36 49 Sec. 127. Section 423A.5, subsection 2, paragraph
36 50 c, Code 2009, is amended by striking the paragraph.
37 1 Sec. 128. Section 452A.12, subsection 2, Code
37 2 2009, is amended to read as follows:
37 3 2. A person while transporting motor fuel or
37 4 undyed special fuel from a refinery or marine or
37 5 pipeline terminal in this state or from a point
37 6 outside this state over the highways of this state in
37 7 service other than that under subsection 1 shall carry
37 8 in the vehicle a loading invoice showing the name and
37 9 address of the seller or consignor, the date and place
37 10 of loading, and the kind and quantity of motor fuel or
37 11 special fuel loaded, together with invoices showing
37 12 the kind and quantity of each delivery and the name
37 13 and address of each purchaser or consignee. An
37 14 invoice carried pursuant to this subsection for
37 15 ethanol blended gasoline or biodiesel blended fuel
37 16 shall state its designation as provided in section
37 17 214A.2.
37 18 Sec. 129. Section 452A.74A, subsections 1, 2, and
37 19 5, Code 2009, are amended to read as follows:
37 20 1. ILLEGAL USE OF DYED FUEL. The illegal use of
37 21 dyed fuel in the supply tank of a motor vehicle shall
37 22 result in a civil penalty assessed against the owner
37 23 or operator of the motor vehicle as follows:
37 24 a. A two five hundred dollar fine penalty for the
37 25 first violation.
37 26 b. A five hundred one thousand dollar fine penalty
37 27 for a second violation within three years of the first
37 28 violation.
37 29 c. A one two thousand dollar fine penalty for
37 30 third and subsequent violations within three years of
37 31 the first violation.
37 32 2. ILLEGAL IMPORTATION OF UNTAXED FUEL. A person
37 33 who imports motor fuel or undyed special fuel without
37 34 a valid importer's license or supplier's license shall
37 35 be assessed a civil penalty as provided in this
37 36 subsection. However, the owner or operator of the
37 37 importing vehicle shall not be guilty of violating
37 38 this subsection if it is shown by the owner or
37 39 operator that the owner or operator reasonably did not
37 40 know or reasonably should not have known of the
37 41 illegal importation.
37 42 a. For a first violation, the importing vehicle
37 43 shall be detained and a fine penalty of two four
37 44 thousand dollars shall be paid before the vehicle will
37 45 be released. The owner or operator of the importing
37 46 vehicle or the owner of the fuel may be held liable
37 47 for payment of the fine penalty.
37 48 b. For a second violation, the importing vehicle
37 49 shall be detained and a fine penalty of five ten
37 50 thousand dollars shall be paid before the vehicle will
38 1 be released. The owner or operator of the importing
38 2 vehicle or the owner of the fuel may be held liable to
38 3 pay the fine penalty.
38 4 c. For third and subsequent violations, the
38 5 importing vehicle and the fuel shall be seized and a
38 6 fine penalty of ten twenty thousand dollars shall be
38 7 paid before the vehicle will be released. The owner
38 8 or operator of the importing vehicle or the owner of
38 9 the fuel may be held liable to pay the fine penalty.
38 10 d. If the owner or operator of the importing
38 11 vehicle or the owner of the fuel fails to pay the tax
38 12 and fine penalty for a first or second offense, the
38 13 importing vehicle and the fuel may be seized. The
38 14 department of revenue, the state department of
38 15 transportation, or any peace officer, at the request
38 16 of either department, may seize the vehicle and the
38 17 fuel.
38 18 e. If the operator or owner of the importing
38 19 vehicle or the owner of the fuel move moves the
38 20 vehicle or the fuel after the vehicle has been
38 21 detained and a sticker has been placed on the vehicle
38 22 stating that "This vehicle cannot be moved until the
38 23 tax, penalty, and interest have been paid to the
38 24 Department of Revenue", an additional penalty of five
38 25 ten thousand dollars shall be assessed against the
38 26 operator or owner of the importing vehicle or the
38 27 owner of the fuel.
38 28 f. For purposes of this subsection, "vehicle"
38 29 means as defined in section 321.1.
38 30 5. PREVENTION OF INSPECTION. The department of
38 31 revenue or the state department of transportation may
38 32 conduct inspections for coloration, markers, and
38 33 shipping papers at any place where taxable fuel is or
38 34 may be loaded into transport vehicles, produced, or
38 35 stored. Any attempts by a person to prevent, stop, or
38 36 delay an inspection of fuel or shipping papers by
38 37 authorized personnel shall be subject to a civil
38 38 penalty of not more than one two thousand dollars per
38 39 occurrence. Any law enforcement officer or department
38 40 of revenue or state department of transportation
38 41 employee may physically inspect, examine, or otherwise
38 42 search any tank, reservoir, or other container that
38 43 can or may be used for the production, storage, or
38 44 transportation of any type of fuel.
38 45 Sec. 130. Section 466A.4, subsection 1, Code 2009,
38 46 is amended to read as follows:
38 47 1. Public water supply utilities, counties, county
38 48 conservation boards, and cities may also be eligible
38 49 and apply for and receive local watershed improvement
38 50 grants for water quality improvement projects. An
39 1 applicant shall coordinate with a local watershed
39 2 improvement committee or a soil and water conservation
39 3 district and shall include in the application a
39 4 description of existing projects and any potential
39 5 impact the proposed project may have on existing or
39 6 planned water quality improvement projects.
39 7 Sec. 131. Section 476C.3, subsection 1, paragraph
39 8 e, Code 2009, is amended to read as follows:
39 9 e. A Except when electricity is used for on=site
39 10 consumption, a copy of the power purchase agreement or
39 11 other agreement to purchase electricity, hydrogen
39 12 fuel, methane or other biogas, or heat for a
39 13 commercial purpose which shall designate either the
39 14 producer or purchaser of renewable energy as eligible
39 15 to apply for the renewable energy tax credit.
39 16 Sec. 132. Section 523I.102, subsection 39, Code
39 17 2009, is amended to read as follows:
39 18 39. "Pioneer cemetery" means a cemetery where
39 19 there were six twelve or fewer burials in the
39 20 preceding fifty years.
39 21 Sec. 133. Section 523I.316, Code 2009, is amended
39 22 by adding the following new subsection:
39 23 NEW SUBSECTION. 7. ADVERSE POSSESSION. A
39 24 cemetery or a pioneer cemetery is exempt from seizure,
39 25 appropriation, or acquisition of title under any claim
39 26 of adverse possession, unless it is shown that all
39 27 remains in the cemetery or pioneer cemetery have been
39 28 disinterred and removed to another location.
39 29 Sec. 134. Section 602.6404, subsection 3, Code
39 30 2009, is amended by striking the subsection and
39 31 inserting in lieu thereof the following:
39 32 3. A magistrate shall be an attorney licensed to
39 33 practice law in this state. However, a magistrate not
39 34 admitted to the practice of law in this state and who
39 35 is holding office on April 1, 2009, shall be eligible
39 36 to be reappointed as a magistrate in the same county
39 37 for a term commencing August 1, 2009, and subsequent
39 38 successive terms.
39 39 Sec. 135. 2009 Iowa Acts, Senate File 415, section
39 40 1, if enacted, is amended by striking the section and
39 41 inserting in lieu thereof the following:
39 42 SECTION 1. PROPERTY RIGHTS DEFENSE ACCOUNT.
39 43 1. A city may establish a property rights defense
39 44 account within the city's general fund. If a property
39 45 rights defense account is established under this
39 46 section, moneys which remain unclaimed under section
39 47 2, subsection 11, paragraph "d", of this Act, may be
39 48 deposited in the account. Interest or earnings on
39 49 moneys in the property rights defense account shall be
39 50 credited to the account. Moneys in the property
40 1 rights defense account are not subject to transfer,
40 2 appropriation, or reversion to any other account or
40 3 fund, or any other use except as provided in this
40 4 section.
40 5 2. Moneys in the account shall be used for the
40 6 reimbursement of reasonable attorney fees and
40 7 reasonable costs incurred by a property owner as the
40 8 result of proceedings initiated under this Act,
40 9 chapters 6A and 6B, and section 657A.10A.
40 10 3. Property owners shall apply to the city council
40 11 on a form prescribed by the city council. If
40 12 sufficient funds exist in the account, the city
40 13 council shall reimburse each property owner who
40 14 applies for all reasonable attorney fees and
40 15 reasonable costs incurred. If insufficient funds
40 16 exist in the account to reimburse a property owner for
40 17 all reasonable attorney fees and reasonable costs
40 18 incurred, the city council shall reimburse the
40 19 property owner for the fees and costs in an amount
40 20 equal to the remaining balance in account.
40 21 Sec. 136. 2007 Iowa Acts, chapter 186, section 29,
40 22 is amended to read as follows:
40 23 SEC. 29. REFUND OF PROPERTY TAXES.
40 24 Notwithstanding the deadline for filing a claim for
40 25 property tax exemption for property described in
40 26 section 427.1, subsection 8 or 9, and notwithstanding
40 27 any other provision to the contrary, the board of
40 28 supervisors of a county having a population based upon
40 29 the latest federal decennial census of more than
40 30 eighty=eight thousand but not more than ninety=five
40 31 thousand shall refund the property taxes paid, with
40 32 all interest, penalties, fees, and costs which were
40 33 due and payable in the fiscal year beginning July 1,
40 34 2002, and in the fiscal year beginning July 1, 2005
40 35 2006, on the land and buildings of an institution that
40 36 purchased property and that did not receive a property
40 37 tax exemption for the property due to the inability or
40 38 failure to file for the exemption. To receive the
40 39 refund provided for in this section, the institution
40 40 shall apply to the county board of supervisors by
40 41 October 1, 2007 2009, and provide appropriate
40 42 information establishing that the land and buildings
40 43 for which the refund is sought were used by the
40 44 institution for its appropriate objectives during the
40 45 fiscal year beginning July 1, 2002, and during the
40 46 fiscal year beginning July 1, 2005 2006. The refund
40 47 allowed under this section only applies to property
40 48 taxes, with all interest, penalties, fees, and costs,
40 49 due and payable in the fiscal year beginning July 1,
40 50 2002, and in the fiscal year beginning July 1, 2005
41 1 2006.
41 2 Sec. 137. 2007 Iowa Acts, chapter 186, section 30,
41 3 is amended to read as follows:
41 4 SEC. 30. IMMEDIATE EFFECTIVE DATE. The section
41 5 Section 29 of this division of this Act, amending
41 6 section 427.3, being deemed of immediate importance,
41 7 takes effect upon enactment and applies retroactively
41 8 to property taxes due and payable in the fiscal year
41 9 beginning July 1, 2002, and in the fiscal year
41 10 beginning July 1, 2005 2006.
41 11 Sec. 138. Section 422.11E, Code 2009, is repealed.
41 12 Sec. 139. Sections 422.120 through 422.122, Code
41 13 2009, are repealed.
41 14 Sec. 140. EFFECTIVE AND RETROACTIVE APPLICABILITY
41 15 DATES.
41 16 1. The section of this division of this Act
41 17 concerning the county land record information system,
41 18 being deemed of immediate importance, takes effect
41 19 upon enactment.
41 20 2. The section of this division of this Act
41 21 amending 2009 Iowa Acts, Senate File 415, being deemed
41 22 of immediate importance, takes effect upon enactment.
41 23 3. The section of this division of this Act
41 24 repealing sections 422.120 through 422.122, being
41 25 deemed of immediate importance, takes effect upon
41 26 enactment and applies retroactively to November 1,
41 27 2008, for refund claims filed on or after that date.
41 28 4. The section of this division of this Act
41 29 relating to property tax exemption filings for
41 30 disaster=impacted property, being deemed of immediate
41 31 importance, takes effect upon enactment.
41 32 5. The section of this division of this Act
41 33 amending section 15E.305, takes effect January 1,
41 34 2010, and applies to the tax years beginning on or
41 35 after that date.
41 36 6. The section of this division of this Act
41 37 amending section 422.88, subsections 2 and 3, applies
41 38 retroactively to January 1, 2009, for tax years
41 39 beginning on or after that date.
41 40 7. The sections of this division of this Act
41 41 amending 2007 Iowa Acts, chapter 186, sections 29 and
41 42 30, being deemed of immediate importance, take effect
41 43 upon enactment.
41 44 8. The sections of this division of this Act
41 45 amending section 15.335, subsection 4, paragraph "b",
41 46 section 15A.9, subsection 8, paragraph "e",
41 47 subparagraph (2), section 422.10, subsection 3,
41 48 unnumbered paragraph 2, section 422.33, subsection 5,
41 49 paragraph "d", unnumbered paragraph 2, being deemed of
41 50 immediate importance, take effect upon enactment and
42 1 apply retroactively to January 1, 2008, for tax years
42 2 beginning on or after that date.
42 3 DIVISION IX
42 4 EDUCATION
42 5 Sec. 141. REGENTS == APPROPRIATIONS. There is
42 6 appropriated from the general fund of the state to the
42 7 state board of regents for the fiscal year beginning
42 8 July 1, 2009, and ending June 30, 2010, the following
42 9 amounts, or so much thereof as may be necessary, to be
42 10 used for the purposes designated:
42 11 1. STATE SCHOOL FOR THE DEAF
42 12 For salaries, support, maintenance, miscellaneous
42 13 purposes:
42 14 .................................................. $ 398,980
42 15 2. IOWA BRAILLE AND SIGHT SAVING SCHOOL
42 16 For salaries, support, maintenance, miscellaneous
42 17 purposes:
42 18 .................................................. $ 624,582
42 19 Sec. 142. DEPARTMENT OF EDUCATION ==
42 20 APPROPRIATION. There is appropriated from the general
42 21 fund of the state to the department of education for
42 22 the fiscal year beginning July 1, 2009, and ending
42 23 June 30, 2010, the following amount, or so much
42 24 thereof as may be necessary, to be used for general
42 25 administration:
42 26 .................................................. $ 167,096
42 27 Sec. 143. EDUCATIONAL EXCELLENCE PROGRAM=RELATED
42 28 APPROPRIATIONS. There is appropriated from the
42 29 general fund of the state to the indicated departments
42 30 and agencies for the fiscal year beginning July 1,
42 31 2009, and ending June 30, 2010, the following amounts,
42 32 or so much thereof as is necessary, to be used for the
42 33 purposes designated:
42 34 1. To the department of human services for
42 35 distribution to its licensed classroom teachers at
42 36 institutions under the control of the department of
42 37 human services based upon the average student yearly
42 38 enrollment at each institution as determined by the
42 39 department of human services:
42 40 .................................................. $ 115,500
42 41 2. To the state board of regents:
42 42 a. For distribution to licensed classroom teachers
42 43 at the Iowa braille and sight saving school and the
42 44 Iowa school for the deaf based upon the average yearly
42 45 enrollment at each school as determined by the state
42 46 board of regents:
42 47 .................................................. $ 94,600
42 48 b. For the Iowa braille and sight saving school:
42 49 .................................................. $ 68,000
42 50 c. For the state school for the deaf:
43 1 .................................................. $ 102,000
43 2 3. To the department of education:
43 3 a. For distribution to the tribal council of the
43 4 Sac and Fox Indian settlement located on land held in
43 5 trust by the secretary of the interior of the United
43 6 States. Moneys allocated under this lettered
43 7 paragraph shall be used for the purposes specified in
43 8 section 256.30:
43 9 .................................................. $ 100,000
43 10 b. For the kindergarten to grade twelve management
43 11 information system:
43 12 .................................................. $ 230,000
43 13 Sec. 144. INTERPRETERS FOR THE DEAF. There is
43 14 appropriated from the general fund of the state to the
43 15 department of education for the fiscal year beginning
43 16 July 1, 2009, and ending June 30, 2010, the following
43 17 amount, or so much thereof as is necessary, to be used
43 18 for the purpose designated:
43 19 For allocation for deaf interpreters for
43 20 arrangements made between the state school for the
43 21 deaf and Iowa western community college due to the
43 22 high numbers of articulation agreements between the
43 23 state school for the deaf and the community college:
43 24 .................................................. $ 200,000
43 25 Sec. 145. CENTER FOR INDEPENDENT LIVING. There is
43 26 appropriated from the general fund of the state to the
43 27 department of education, vocational rehabilitation
43 28 services division, for the fiscal year beginning July
43 29 1, 2009, and ending June 30, 2010, the following
43 30 amount, or so much thereof as is necessary, to be used
43 31 for the purposes designated:
43 32 For costs associated with centers for independent
43 33 living:
43 34 .................................................. $ 50,000
43 35 Sec. 146. 2006 Iowa Acts, chapter 1182, section 1,
43 36 unnumbered paragraph 2, as amended by 2007 Iowa Acts,
43 37 chapter 108, section 59, is amended to read as
43 38 follows:
43 39 For purposes, as provided in law, of the student
43 40 achievement and teacher quality program established
43 41 pursuant to chapter 284:
43 42 FY 2006=2007...................................... $104,343,894
43 43 FY 2007=2008...................................... $173,943,894
43 44 FY 2008=2009...................................... $248,943,894
43 45 249,502,894
43 46 Sec. 147. Section 273.3, Code 2009, is amended by
43 47 adding the following new subsection:
43 48 NEW SUBSECTION. 23. By October 1 of each year,
43 49 submit to the department of education the following
43 50 information:
44 1 a. The contracted salary including bonus wages and
44 2 benefits, annuity payments, or any other benefit for
44 3 the administrators of the area education agency.
44 4 b. The contracted salary and benefits and any
44 5 other expenses related to support for governmental
44 6 affairs efforts, including expenditures for lobbyists
44 7 and lobbying activities for the area education agency.
44 8 Sec. 148. DES MOINES UNIVERSITY == OSTEOPATHIC
44 9 MEDICAL CENTER. For the fiscal year beginning July 1,
44 10 2009, and ending June 30, 2010, the college student
44 11 aid commission shall pay a fee to Des Moines
44 12 university == osteopathic medical center for the
44 13 administration of the initiative in primary health
44 14 care to direct primary care physicians to shortage
44 15 areas in the state. A portion of the fee paid shall
44 16 be based upon the number of physicians recruited in
44 17 accordance with section 261.19, subsection 4.
44 18 However, the fee amount paid shall not exceed $41,862
44 19 for the fiscal year. Such amount shall be subject to
44 20 any budgetary reductions ordered by the governor or
44 21 enacted by the general assembly.
44 22 Sec. 149. Section 261.85, Code 2009, is repealed.
44 23 Sec. 150. EFFECTIVE DATE. The section of this
44 24 division of this Act amending 2006 Iowa Acts, chapter
44 25 1182, being deemed of immediate importance, takes
44 26 effect upon enactment.
44 27 DIVISION X
44 28 JUDICIAL BRANCH == COMMISSION ELECTIONS
44 29 Sec. 151. Section 46.5, unnumbered paragraph 5,
44 30 Code 2009, is amended to read as follows:
44 31 When a vacancy in an office of an elective judicial
44 32 nominating commissioner occurs, the clerk of the
44 33 supreme court state court administrator shall cause to
44 34 be mailed to each member of the bar whose name appears
44 35 on the certified list prepared pursuant to section
44 36 46.8 for the district or districts affected, a notice
44 37 stating the existence of the vacancy, the requirements
44 38 for eligibility, and the manner in which the vacancy
44 39 will be filled. Other items may be included in the
44 40 same mailing if they are on sheets separate from the
44 41 notice. The election of a district judicial
44 42 nominating commissioner or the close of nominations
44 43 for a state judicial nominating commissioner shall not
44 44 occur until thirty days after the mailing of the
44 45 notice.
44 46 Sec. 152. Section 46.7, Code 2009, is amended to
44 47 read as follows:
44 48 46.7 ELIGIBILITY TO VOTE.
44 49 To be eligible to vote in elections of judicial
44 50 nominating commissioners, a member of the bar must be
45 1 eligible to practice and must be a resident of the
45 2 state of Iowa and of the appropriate congressional
45 3 district or judicial election district as shown by the
45 4 member's most recent filing with the supreme court for
45 5 the purposes of showing compliance with the court's
45 6 continuing legal education requirements, or for
45 7 members of the bar eligible to practice who are not
45 8 required to file such compliance, any paper on file by
45 9 July 1 with the clerk of the supreme court state court
45 10 administrator, for the purpose of establishing
45 11 eligibility to vote under this section, which the
45 12 court determines to show the requisite residency
45 13 requirements. A judge who has been admitted to the
45 14 bar of the state of Iowa shall be considered a member
45 15 of the bar.
45 16 Sec. 153. Section 46.8, Code 2009, is amended to
45 17 read as follows:
45 18 46.8 CERTIFIED LIST.
45 19 On July 15 of each Each year the clerk of the
45 20 supreme court state court administrator shall certify
45 21 a list of the names, addresses, and years of admission
45 22 of members of the bar who are eligible to vote for
45 23 state and district judicial nominating commissioners.
45 24 The clerk of the supreme court shall provide a copy of
45 25 the list of the members for a county to the clerk of
45 26 the district court for that county.
45 27 Sec. 154. Section 46.9, Code 2009, is amended by
45 28 striking the section and inserting in lieu thereof the
45 29 following:
45 30 46.9 CONDUCT OF ELECTIONS.
45 31 When an election of judicial nominating
45 32 commissioners is to be held, the state court
45 33 administrator shall administer the voting. The state
45 34 court administrator may administer the voting by
45 35 electronic notification and voting or by paper ballot
45 36 mailed to each eligible attorney. The state court
45 37 administrator shall mail paper ballots to eligible
45 38 attorneys or electronically notify and enable eligible
45 39 attorneys to vote. The elector receiving the most
45 40 votes shall be elected. When more than one
45 41 commissioner is to be elected, the electors receiving
45 42 the most votes shall be elected, in the same number as
45 43 the offices to be filled.
45 44 Sec. 155. Section 46.9A, Code 2009, is amended to
45 45 read as follows:
45 46 46.9A NOTICE PRECEDING NOMINATION OF ELECTIVE
45 47 NOMINATING COMMISSIONERS.
45 48 At least sixty days prior to the expiration of the
45 49 term of an elective state or district judicial
45 50 nominating commissioner, the clerk of the supreme
46 1 court state court administrator shall cause to be
46 2 mailed to each member of the bar whose name appears on
46 3 the certified list prepared pursuant to section 46.8
46 4 for the district or districts affected, a notice
46 5 stating the date the term of office will expire, the
46 6 requirements for eligibility to the office for the
46 7 succeeding term, and the procedure for filing
46 8 nominating petitions, including the last date for
46 9 filing mail paper ballots to eligible attorneys or
46 10 electronically notify and enable eligible attorneys to
46 11 vote. An eligible attorney is a member of the bar
46 12 whose name appears on the certified list prepared
46 13 pursuant to section 46.8 for the district or districts
46 14 affected. Other items may be included in the same
46 15 mailing if they are on sheets separate from the
46 16 notice.
46 17 Sec. 156. Section 46.10, Code 2009, is amended to
46 18 read as follows:
46 19 46.10 NOMINATION OF ELECTIVE NOMINATING
46 20 COMMISSIONERS.
46 21 In order to have an eligible elector's name printed
46 22 on the ballot for state or district judicial
46 23 nominating commissioner, the eligible elector must
46 24 file in the office of the clerk of the supreme court
46 25 state court administrator at least thirty days prior
46 26 to expiration of the period within which the election
46 27 must be held a nominating petition signed by at least
46 28 fifty resident members of the bar of the congressional
46 29 district in case of a candidate for state judicial
46 30 nominating commissioner, or at least ten resident
46 31 members of the bar of the judicial district in case of
46 32 a candidate for district judicial nominating
46 33 commissioner. No member of the bar may sign more
46 34 nominating petitions for state or district judicial
46 35 nominating commissioner than there are such
46 36 commissioners to be elected.
46 37 Ballots or electronic voting forms for state and
46 38 district judicial nominating commissioners shall
46 39 contain blank lines equal to the number of such
46 40 commissioners to be elected, where names may be
46 41 written in.
46 42 Sec. 157. Section 46.11, Code 2009, is amended to
46 43 read as follows:
46 44 46.11 CERTIFICATION OF COMMISSIONERS.
46 45 The governor and the clerk of the supreme court
46 46 state court administrator respectively shall promptly
46 47 certify the names and addresses of appointive and
46 48 elective judicial nominating commissioners to the
46 49 state commissioner of elections and the chairperson of
46 50 the respective nominating commissions.
47 1 Sec. 158. Section 602.6501, subsections 2 and 3,
47 2 Code 2009, are amended to read as follows:
47 3 2. The clerk of the district court state court
47 4 administrator shall maintain a permanent record of the
47 5 name, address, and term of office of each
47 6 commissioner.
47 7 3. A member of a magistrate appointing commission
47 8 shall be reimbursed for actual and necessary expenses
47 9 reasonably incurred in the performance of official
47 10 duties. Reimbursements are payable by the county in
47 11 which the member serves, upon certification of the
47 12 expenses to the county auditor by the clerk of the
47 13 district court chairperson of the commission. The
47 14 district judges of each judicial district may
47 15 prescribe rules for the administration of this
47 16 subsection.
47 17 Sec. 159. Section 602.6503, subsection 3, Code
47 18 2009, is amended to read as follows:
47 19 3. The county auditor shall certify to the clerk
47 20 of the district court state court administrator the
47 21 name, address, and expiration date of term for all
47 22 appointees of the board of supervisors.
47 23 Sec. 160. Section 602.6504, subsections 4 and 5,
47 24 Code 2009, are amended to read as follows:
47 25 4. In order to be placed on the ballot for county
47 26 magistrate appointing commission, an eligible attorney
47 27 elector shall file a nomination petition in the office
47 28 of the clerk of court on or before November 30 of the
47 29 year in which the election for attorney positions is
47 30 to occur state court administrator at least thirty
47 31 days prior to the expiration of the period within
47 32 which the election must be held. This subsection does
47 33 not preclude write=in votes at the time of the
47 34 election.
47 35 5. When an election of magistrate appointing
47 36 commissioners is to be held, the clerk of the district
47 37 court for each county shall cause to be mailed to each
47 38 eligible attorney a ballot that is in substantially
47 39 the following form: state court administrator shall
47 40 administer the election. The state court
47 41 administrator may administer the election by
47 42 electronic notification and voting or by paper ballot
47 43 mailed to each eligible attorney. The state court
47 44 administrator shall mail paper ballots to eligible
47 45 attorneys or electronically notify and enable eligible
47 46 attorneys to vote on or before December 15.
47 47 BALLOT
47 48 County Magistrate Appointing Commission
47 49 To be cast by the resident members of the bar of
47 50 ...... county.
48 1 Vote for (state number) for ...... county judicial
48 2 magistrate appointing commissioner(s) for term
48 3 commencing ......
48 4 ......................
48 5 ......................
48 6 To be counted, this ballot must be completed and
48 7 mailed or delivered to clerk of the district court,
48 8 ........, no later than December 31, ... (year) (or
48 9 the appropriate date in case of an election to fill a
48 10 vacancy).
48 11 Sec. 161. EFFECTIVE DATE. This division of this
48 12 Act takes effect February 10, 2010.
48 13 DIVISION XI
48 14 JUDICIAL OFFICER VACANCIES
48 15 Sec. 162. 2009 Iowa Acts, House File 414, section
48 16 54, is amended to read as follows:
48 17 SEC. 54. JUDICIAL APPOINTMENT == DELAY.
48 18 1. Notwithstanding section 46.12, the chief
48 19 justice may order the state commissioner of elections
48 20 to delay, for up to one hundred eighty days for
48 21 budgetary reasons, the sending of a notification to
48 22 the proper judicial nominating commission that a
48 23 vacancy in the supreme court, court of appeals, or
48 24 district court has occurred or will occur.
48 25 2. Notwithstanding sections 602.6304, 602.7103B,
48 26 and 633.20B, the chief justice may order any county
48 27 magistrate appointing commission to delay, for up to
48 28 one hundred eighty days for budgetary reasons, the
48 29 certification of nominees to the chief judge of the
48 30 judicial district for a district associate judgeship,
48 31 associate juvenile judgeship, or associate probate
48 32 judgeship.
48 33 3. Notwithstanding section 602.6403, subsection 3,
48 34 the chief justice may order any county magistrate
48 35 appointing commission to delay, for up to one hundred
48 36 eighty days for budgetary reasons, the appointment of
48 37 a magistrate to serve the remainder of an unexpired
48 38 term.
48 39 4. The section Subsection 3, relating to
48 40 magistrate vacancies, is applicable for the period
48 41 beginning on the effective date of this section and
48 42 ending June 30, 2009. Subsections 1 and 2 are
48 43 applicable for the period beginning on the effective
48 44 date of this section and ending on June 30, 2010.
48 45 Sec. 163. EFFECTIVE AND RETROACTIVE APPLICABILITY
48 46 DATES. The section of this division of this Act
48 47 amending 2009 Iowa Acts, House File 414, section 54,
48 48 being deemed of immediate importance, takes effect
48 49 upon enactment and is retroactively applicable to
48 50 March 16, 2009.
49 1 DIVISION XII
49 2 CARE OF ANIMALS IN COMMERCIAL
49 3 ESTABLISHMENTS == APPROPRIATION
49 4 Sec. 164. DEPARTMENT OF AGRICULTURE AND LAND
49 5 STEWARDSHIP. There is appropriated from the general
49 6 fund of the state to the department of agriculture and
49 7 land stewardship for the fiscal year beginning July 1,
49 8 2009, and ending June 30, 2010, the following amount,
49 9 or so much thereof as is necessary, to be used for the
49 10 purposes designated:
49 11 For purposes of an inspector for the enforcement of
49 12 chapter 162, including salaries, support, maintenance,
49 13 miscellaneous purposes and for not more than the
49 14 following full=time equivalent position:
49 15 .................................................. $ 100,000
49 16 ............................................... FTEs 1.00
49 17 Sec. 165. Section 162.2, Code 2009, is amended by
49 18 adding the following new subsection:
49 19 NEW SUBSECTION. 8A. "Department" means the
49 20 department of agriculture and land stewardship.
49 21 Sec. 166. Section 162.6, Code 2009, is amended to
49 22 read as follows:
49 23 162.6 COMMERCIAL KENNEL OR PUBLIC AUCTION LICENSE.
49 24 A person shall not operate a commercial kennel or
49 25 public auction unless the person has obtained a
49 26 license to operate a commercial kennel or a public
49 27 auction issued by the secretary or unless the person
49 28 has obtained a certificate of registration issued by
49 29 the secretary if the kennel is federally licensed.
49 30 Application for the license or the certificate shall
49 31 be made in the manner provided by the secretary. The
49 32 license and the certificate expire one year from date
49 33 of issue unless revoked. The license fee is forty
49 34 dollars per year and the certification fee is twenty
49 35 one hundred dollars annually. If the person has
49 36 obtained a federal license, the person need only
49 37 obtain a certificate. The license may be renewed upon
49 38 application and payment of the prescribed fee in the
49 39 manner provided by the secretary if the licensee has
49 40 conformed to all statutory and regulatory
49 41 requirements. The certificate may be renewed upon
49 42 application and payment of the prescribed fee in the
49 43 manner provided by the secretary. A person regulated
49 44 under section 99D.22 is exempt from paying the
49 45 certification fee.
49 46 Sec. 167. Section 162.7, Code 2009, is amended to
49 47 read as follows:
49 48 162.7 DEALER LICENSE.
49 49 A person shall not operate as a dealer unless the
49 50 person has obtained a license issued by the secretary
50 1 or unless the person has obtained a certificate of
50 2 registration issued by the secretary if the kennel is
50 3 federally licensed. Application for the license or
50 4 the certificate shall be made in the manner provided
50 5 by the secretary. The license and certificate expire
50 6 one year from date of issue unless revoked. The
50 7 license fee is one hundred dollars per year and the
50 8 certification fee is twenty one hundred dollars per
50 9 year. The license may be renewed upon application and
50 10 payment of the fee in the manner provided by the
50 11 secretary if the licensee has conformed to all
50 12 statutory and regulatory requirements. The
50 13 certificate may be renewed upon application and
50 14 payment of the fee in the manner provided by the
50 15 secretary. A person regulated under section 99D.22 is
50 16 exempt from paying the certification fee.
50 17 Sec. 168. Section 162.8, Code 2009, is amended to
50 18 read as follows:
50 19 162.8 COMMERCIAL BREEDER'S LICENSE.
50 20 A person shall not operate as a commercial breeder
50 21 unless the person has obtained a license issued by the
50 22 secretary or unless the person has obtained a
50 23 certificate of registration issued by the secretary if
50 24 the kennel is federally licensed. Application for the
50 25 license or the certificate shall be made in the manner
50 26 provided by the secretary. The annual license or the
50 27 certification period expires one year from date of
50 28 issue. The license fee is forty dollars per year and
50 29 the certificate fee is twenty one hundred dollars per
50 30 year. The license may be renewed upon application and
50 31 payment of the prescribed fee in the manner provided
50 32 by the secretary if the licensee has conformed to all
50 33 statutory and regulatory requirements. The
50 34 certificate may be renewed upon application and
50 35 payment of the prescribed fee in the manner provided
50 36 by the secretary. A person regulated under section
50 37 99D.22 is exempt from paying the certification fee.
50 38 Sec. 169. Section 162.11, subsection 2, Code 2009,
50 39 is amended by striking the subsection and inserting in
50 40 lieu thereof the following:
50 41 2. The department shall regulate a person who
50 42 applies for or has been issued a certificate of
50 43 registration as a dealer, commercial breeder,
50 44 commercial kennel, or public auction.
50 45 DIVISION XIII
50 46 DISASTER ASSISTANCE
50 47 Sec. 170. 2009 Iowa Acts, House File 64, section
50 48 1, subsection 2, paragraph b, is amended to read as
50 49 follows:
50 50 b. Forgivable loans awarded after the effective
51 1 date of this division of this Act shall be awarded
51 2 pursuant to the following priorities:
51 3 (1) First priority shall be given to eligible
51 4 residents who have not received any moneys under the
51 5 jumpstart housing assistance program prior to the
51 6 effective date of this division of this Act.
51 7 (2) Second priority shall be given to eligible
51 8 residents who have received less than twenty=four
51 9 thousand nine hundred ninety=nine dollars under the
51 10 jumpstart housing assistance program prior to the
51 11 effective date of this division of this Act.
51 12 (3) Third priority shall be given to eligible
51 13 residents who have received twenty=four thousand nine
51 14 hundred ninety=nine dollars under the jumpstart
51 15 housing assistance program prior to the effective date
51 16 of this division of this Act and who continue to have
51 17 unmet needs for down payment assistance, emergency
51 18 housing repair or rehabilitation, interim mortgage
51 19 assistance, or energy efficiency assistance. An
51 20 eligible resident shall not receive more than an
51 21 additional twenty=four thousand nine hundred
51 22 ninety=nine dollars under this subparagraph.
51 23 Sec. 171. 2009 Iowa Acts, House File 64, section
51 24 4, subsection 1, is amended to read as follows:
51 25 1. There is appropriated from the Iowa economic
51 26 emergency fund created in section 8.55 to the
51 27 department of human services for the fiscal year
51 28 beginning July 1, 2008, and ending June 30, 2009, the
51 29 following amount, or so much thereof as is necessary,
51 30 to be used for the purposes designated:
51 31 For providing individual disaster grants for unmet
51 32 needs pursuant to the requirements in this section:
51 33 .................................................. $ 10,000,000
51 34 6,600,000
51 35 Sec. 172. 2009 Iowa Acts, House File 64, section
51 36 4, subsection 6, is amended to read as follows:
51 37 6. An area long=term disaster committee shall be
51 38 reimbursed for administrative expenses incurred in an
51 39 amount not to exceed three percent of the grant moneys
51 40 awarded for the area pursuant to an intergovernmental
51 41 agreement to be established between the department of
51 42 human services and the agency of record responsible
51 43 for the long=term disaster committee in each area
51 44 unreimbursed grants made to persons for eligible
51 45 expenses authorized in subsection 5, not to exceed two
51 46 thousand five hundred dollars per household, made by a
51 47 committee since September 1, 2008. The department of
51 48 human services shall not be reimbursed for using
51 49 moneys appropriated in this section for administrative
51 50 costs associated with administering the Iowa unmet
52 1 needs disaster grant program.
52 2 Sec. 173. HOMELAND SECURITY AND EMERGENCY
52 3 MANAGEMENT DIVISION == APPROPRIATION.
52 4 1. There is appropriated from the Iowa economic
52 5 emergency fund created in section 8.55 to the
52 6 department of public defense for the homeland security
52 7 and emergency management division for the fiscal year
52 8 beginning July 1, 2008, and ending June 30, 2009, the
52 9 following amount, or so much thereof as is necessary,
52 10 to be used for the purposes designated:
52 11 For distribution to political subdivisions and
52 12 private nonprofit organizations pursuant to this
52 13 section:
52 14 .................................................. $ 2,400,000
52 15 2. The homeland security and emergency management
52 16 division of the department of public defense shall
52 17 distribute moneys appropriated under subsection 1 to
52 18 political subdivisions and private nonprofit
52 19 organizations based on donated resources amounts
52 20 reported by the recipient to the division and the
52 21 federal emergency management agency under the public
52 22 assistance disaster relief program. The division
52 23 shall make distributions equal in amount to forty
52 24 percent of the donated resources amounts reported.
52 25 3. Notwithstanding section 8.33 and section 8.55,
52 26 subsection 3, paragraph "a", moneys appropriated in
52 27 this section that remain unencumbered or unobligated
52 28 at the close of the fiscal year shall not revert but
52 29 shall remain available for expenditure for the
52 30 purposes designated until the close of the succeeding
52 31 fiscal year.
52 32 Sec. 174. REBUILD IOWA OFFICE == APPROPRIATION.
52 33 1. There is appropriated from the Iowa economic
52 34 emergency fund created in section 8.55 to the rebuild
52 35 Iowa office for the fiscal year beginning July 1,
52 36 2008, and ending June 30, 2009, the following amount,
52 37 or so much thereof as is necessary, to be used for the
52 38 purposes designated:
52 39 For distribution to community recovery centers
52 40 pursuant to this section:
52 41 .................................................. $ 1,000,000
52 42 2. The rebuild Iowa office shall distribute the
52 43 moneys appropriated under this section in the form of
52 44 grants to area long=term recovery committees with a
52 45 signed memorandum of understanding with the department
52 46 of human services.
52 47 3. Notwithstanding section 8.33 and section 8.55,
52 48 subsection 3, paragraph "a", moneys appropriated in
52 49 this section that remain unencumbered or unobligated
52 50 at the close of the fiscal year shall not revert but
53 1 shall remain available for expenditure for the
53 2 purposes designated until the close of the succeeding
53 3 fiscal year.
53 4 Sec. 175. EFFECTIVE DATE. This division of this
53 5 Act, being deemed of immediate importance, takes
53 6 effect upon enactment.
53 7 DIVISION XIV
53 8 HEALTH AND HUMAN SERVICES
53 9 Sec. 176. MEDICAID ENTERPRISE STUDY. By July 1,
53 10 2009, the department of human services shall explore
53 11 procuring services incorporating data mining,
53 12 predictive modeling, and data analytics which may
53 13 include automated claims review to address provider
53 14 overpayments, underpayments, and fraud within the Iowa
53 15 Medicaid enterprise for the fiscal period beginning
53 16 July 1, 2006, and ending June 30, 2009. The review
53 17 shall be completed by June 30, 2009, and shall use
53 18 only Iowa specific models, patterns, or trend data.
53 19 The department shall issue a request for proposals to
53 20 competitively procure such services not later than
53 21 July 1, 2009, and shall complete the request for
53 22 proposals process by August 31, 2009.
53 23 Sec. 177. Section 135H.3, Code 2009, is amended by
53 24 adding the following new unnumbered paragraph:
53 25 NEW UNNUMBERED PARAGRAPH. If a child is diagnosed
53 26 with a biologically based mental illness as defined in
53 27 section 514C.22 and meets the medical assistance
53 28 program criteria for admission to a psychiatric
53 29 medical institution for children, the child shall be
53 30 deemed to meet the acuity criteria for inpatient
53 31 benefits under a group policy, contract, or plan
53 32 providing for third=party payment or prepayment of
53 33 health, medical, and surgical coverage benefits issued
53 34 by a carrier, as defined in section 513B.2, or by an
53 35 organized delivery system authorized under 1993 Iowa
53 36 Acts, chapter 158, that is subject to section 514C.22.
53 37 Such benefits shall not be excluded or denied as care
53 38 that is substantially custodial in nature under
53 39 section 514C.22, subsection 8, paragraph "b".
53 40 Sec. 178. NEW SECTION. 514C.24 CANCER TREATMENT
53 41 == COVERAGE.
53 42 1. Notwithstanding the uniformity of treatment
53 43 requirements of section 514C.6, a contract, policy, or
53 44 plan providing for third=party payment or prepayment
53 45 for cancer treatment shall not discriminate between
53 46 coverage benefits for prescribed, orally=administered
53 47 anticancer medication used to kill or slow the growth
53 48 of cancerous cells and intravenously administered or
53 49 injected cancer medications that are covered,
53 50 regardless of formulation or benefit category
54 1 determination by the contract, policy, or plan.
54 2 2. The provisions of this section shall apply to
54 3 all of the following classes of third=party payment
54 4 provider contracts, policies, or plans delivered,
54 5 issued for delivery, continued, or renewed in this
54 6 state on or after July 1, 2009:
54 7 a. Individual or group accident and sickness
54 8 insurance providing coverage on an expense=incurred
54 9 basis.
54 10 b. An individual or group hospital or medical
54 11 service contract issued pursuant to chapter 509, 514,
54 12 or 514A.
54 13 c. An individual or group health maintenance
54 14 organization contract regulated under chapter 514B.
54 15 d. An individual or group Medicare supplemental
54 16 policy, unless coverage pursuant to such policy is
54 17 preempted by federal law.
54 18 e. A plan established pursuant to chapter 509A for
54 19 public employees.
54 20 3. This section shall not apply to accident=only,
54 21 specified disease, short=term hospital or medical,
54 22 hospital confinement indemnity, credit, dental,
54 23 vision, long=term care, basic hospital, and
54 24 medical=surgical expense coverage as defined by the
54 25 commissioner, disability income insurance coverage,
54 26 coverage issued as a supplement to liability
54 27 insurance, workers' compensation or similar insurance,
54 28 or automobile medical payment insurance.
54 29 4. The commissioner of insurance shall adopt rules
54 30 pursuant to chapter 17A as necessary to administer
54 31 this section.
54 32 Sec. 179. 2008 Iowa Acts, chapter 1187, section
54 33 29, is amended by adding the following new unnumbered
54 34 paragraph:
54 35 NEW UNNUMBERED PARAGRAPH. Notwithstanding section
54 36 8.33, moneys appropriated in this section that remain
54 37 unencumbered or unobligated at the close of the fiscal
54 38 year shall not revert but shall remain available for
54 39 expenditure for the purpose designated until the close
54 40 of the fiscal year beginning July 1, 2010.
54 41 Sec. 180. EFFECTIVE DATE.
54 42 1. The section of this division of this Act
54 43 relating to a Medicaid enterprise study, being deemed
54 44 of immediate importance, takes effect upon enactment.
54 45 2. The section of this division of this Act
54 46 amending 2008 Iowa Acts, chapter 1187, section 29,
54 47 being deemed of immediate importance, takes effect
54 48 upon enactment.
54 49 DIVISION XV
54 50 ECONOMIC DEVELOPMENT == WORKFORCE DEVELOPMENT
55 1 Sec. 181. DISASTER ASSISTANCE LOAN AND CREDIT
55 2 GUARANTEE PROGRAM.
55 3 1. The department of economic development shall
55 4 establish and administer a disaster assistance loan
55 5 and credit guarantee program by investing the assets
55 6 of the disaster assistance loan and credit guarantee
55 7 fund in order to provide loan and credit guarantees to
55 8 all of the following qualifying businesses:
55 9 a. Businesses directly impacted by a natural
55 10 disaster occurring after May 24, 2008, and before
55 11 August 14, 2008.
55 12 b. Businesses either locating an existing business
55 13 or starting a new business in a disaster=impacted
55 14 space in an area which was declared a natural disaster
55 15 area by the president of the United States due to a
55 16 natural disaster occurring after May 24, 2008, and
55 17 before August 14, 2008. For purposes of this
55 18 paragraph, "disaster=impacted space" means a building
55 19 damaged by a natural disaster occurring after May 24,
55 20 2008, and before August 14, 2008, including undamaged
55 21 upper floors of a building that was damaged by the
55 22 natural disaster.
55 23 c. Businesses filling a critical community need in
55 24 conformance with the comprehensive plan of the city as
55 25 determined by resolution of the city council of the
55 26 city in which the business is located. For purposes
55 27 of this paragraph, a business shall be deemed to be
55 28 located in a city if it is located within two miles of
55 29 the city limits.
55 30 2. a. The department, pursuant to agreements with
55 31 financial institutions, shall provide loan and credit
55 32 guarantees to qualifying businesses described in
55 33 subsection 1. A loan or credit guarantee under the
55 34 program shall not exceed ten percent of the loan
55 35 amount or twenty=five thousand dollars, whichever is
55 36 less. Not more than one loan or credit guarantee
55 37 shall be awarded per federal employer identification
55 38 number.
55 39 b. A loan or credit guarantee provided under the
55 40 program may stand alone or may be used in conjunction
55 41 with or to enhance other loan or credit guarantees
55 42 offered by a financial institution. The department
55 43 may purchase insurance to cover defaulted loans
55 44 meeting the requirements of the program. However, the
55 45 department shall not in any manner directly or
55 46 indirectly pledge the credit of the state.
55 47 c. Eligible project costs include expenditures for
55 48 productive equipment and machinery, land and real
55 49 estate, working capital for operations, research and
55 50 development, marketing, engineering and architectural
56 1 fees, and such other costs as the department may so
56 2 designate.
56 3 d. A loan or credit guarantee under the program
56 4 shall not be used for purposes of debt refinancing.
56 5 3. Each participating financial institution shall
56 6 identify and underwrite potential lending
56 7 opportunities with qualifying businesses. Upon a
56 8 determination by a participating financial institution
56 9 that a qualifying business meets the underwriting
56 10 standards of the financial institution, subject to the
56 11 approval of a loan or credit guarantee, the financial
56 12 institution shall submit the underwriting information
56 13 and a loan or credit guarantee application to the
56 14 department.
56 15 4. Upon approval of a loan or credit guarantee,
56 16 the department shall enter into a loan or credit
56 17 guarantee agreement with the participating financial
56 18 institution. The agreement shall specify all of the
56 19 following:
56 20 a. The fee to be charged to the financial
56 21 institution.
56 22 b. The evidence of debt assurance of, and security
56 23 for, the loan or credit guarantee.
56 24 c. A loan or credit guarantee that does not exceed
56 25 fifteen years.
56 26 d. Any other terms and conditions considered
56 27 necessary or desirable by the department.
56 28 e. That the loan or credit guarantee does not
56 29 invoke or pledge the credit or the taxing power of the
56 30 state and that any claim made pursuant to the loan or
56 31 credit guarantee shall be limited to the terms and
56 32 amount of the loan or credit guarantee and to the
56 33 moneys in the disaster assistance loan and credit
56 34 guarantee fund.
56 35 5. The department shall charge a nonrefundable
56 36 application fee for each application under the
56 37 program. The department shall include the fee
56 38 information in the application materials. The fee is
56 39 payable upon submission of an application for a loan
56 40 or credit guarantee from a financial institution or a
56 41 qualifying business. The application fee shall be not
56 42 less than five hundred dollars and not more than one
56 43 thousand dollars. Moneys received from fees are
56 44 appropriated to the department for purposes of
56 45 administering this section.
56 46 6. The department may adopt loan and credit
56 47 guarantee application procedures that allow a
56 48 qualifying business to apply directly to the
56 49 department for a preliminary guarantee commitment. A
56 50 preliminary guarantee commitment may be issued by the
57 1 department subject to the qualifying business securing
57 2 a commitment for financing from a financial
57 3 institution. The application procedures shall specify
57 4 the process by which a financial institution may
57 5 obtain a final loan or credit guarantee.
57 6 7. a. A disaster assistance loan and credit
57 7 guarantee fund is created and established as a
57 8 separate and distinct fund in the state treasury.
57 9 Moneys in the fund shall only be used for purposes
57 10 provided in this section. The moneys in the fund are
57 11 appropriated to the department to be used for all of
57 12 the following purposes:
57 13 (1) Payment of claims pursuant to loan and credit
57 14 guarantee agreements entered into under this section.
57 15 (2) Payment of administrative costs of the
57 16 department for actual and necessary administrative
57 17 expenses incurred by the department in administering
57 18 the disaster assistance loan and credit guarantee
57 19 program.
57 20 (3) Purchase or buyout of superior or prior liens,
57 21 mortgages, or security interests.
57 22 (4) Purchase of insurance to cover the default of
57 23 loans made pursuant to the requirements of the
57 24 disaster assistance loan and credit guarantee program.
57 25 b. Moneys in the disaster assistance loan and
57 26 credit guarantee fund shall consist of all of the
57 27 following:
57 28 (1) Moneys appropriated by the general assembly
57 29 for that purpose and any other moneys available to and
57 30 obtained or accepted by the department for placement
57 31 in the fund.
57 32 (2) Proceeds from collateral assigned to the
57 33 department, fees for guarantees, gifts, and moneys
57 34 from any grant made to the fund by any federal agency.
57 35 c. Moneys in the fund are not subject to section
57 36 8.33. Notwithstanding section 12C.7, interest or
57 37 earnings on the moneys in the fund shall be credited
57 38 to the fund.
57 39 d. (1) The department shall only pledge moneys in
57 40 the disaster assistance loan and credit guarantee fund
57 41 and not any other moneys under the control of the
57 42 department. In a fiscal year, the department may
57 43 pledge an amount not to exceed the total amount
57 44 appropriated to the fund for the same fiscal year to
57 45 assure the repayment of loan and credit guarantees or
57 46 other extensions of credit made to or on behalf of
57 47 qualified businesses for eligible project costs.
57 48 (2) The department shall not pledge the credit or
57 49 taxing power of this state or any political
57 50 subdivision of this state or make debts payable out of
58 1 any moneys except for those in the disaster assistance
58 2 loan and credit guarantee fund.
58 3 8. For purposes of this section, "financial
58 4 institution" means a bank incorporated pursuant to
58 5 chapter 524 or a credit union organized pursuant to
58 6 chapter 533.
58 7 9. For the fiscal year beginning July 1, 2008, and
58 8 ending June 30, 2009, the Iowa power fund board may
58 9 allocate up to $1.8 million for purposes of the
58 10 disaster assistance loan and credit guarantee fund.
58 11 Sec. 182. JOB TRAINING INTERIM STUDY COMMITTEE.
58 12 1. The legislative council shall establish a job
58 13 training interim study committee to examine job
58 14 training issues during the 2009 legislative interim
58 15 period.
58 16 2. The study committee shall examine and make
58 17 recommendations concerning job training needs in Iowa.
58 18 The study committee shall focus on job training
58 19 mechanisms that provide services to underserved
58 20 populations in Iowa. Underserved populations include
58 21 people making less than twenty thousand dollars per
58 22 year, minorities, women, persons with disabilities,
58 23 the elderly, and people convicted of felonies trying
58 24 to re=enter society after release from prison.
58 25 3. The legislative council shall consider
58 26 providing funding for the hiring of a private
58 27 consultant to identify duplicative programs that
58 28 contribute to the fragmentation of job training
58 29 efforts. The study committee shall make
58 30 recommendations for the removal of any such
58 31 duplicative programs.
58 32 4. The committee shall submit a report to the
58 33 general assembly.
58 34 Sec. 183. Section 15.421, subsection 2, Code 2009,
58 35 is amended by adding the following new paragraph:
58 36 NEW PARAGRAPH. c. The directors of the department
58 37 of economic development and the department of
58 38 workforce development, or their designees, shall serve
58 39 as nonvoting, ex officio members.
58 40 Sec. 184. Section 15.421, subsection 4, Code 2009,
58 41 is amended by striking the subsection and inserting in
58 42 lieu thereof the following:
58 43 4. a. The chairperson and vice chairperson of the
58 44 commission shall be selected by the governor and shall
58 45 serve at the pleasure of the governor.
58 46 b. An executive council of the commission shall
58 47 consist of the chairperson and vice chairperson, and
58 48 three members elected by the commission on an annual
58 49 basis. The executive council shall meet on a monthly
58 50 basis.
59 1 Sec. 185. Section 15.421, subsection 5, paragraphs
59 2 b and c, Code 2009, are amended to read as follows:
59 3 b. Advise and assist the department state agencies
59 4 in activities designed to retain and attract the young
59 5 adult population.
59 6 c. Develop and make available best practices
59 7 guidelines for employers to retain and attract and
59 8 retain young adult employees.
59 9 Sec. 186. Section 15.421, subsection 5, Code 2009,
59 10 is amended by adding the following new paragraph:
59 11 NEW PARAGRAPH. d. Conduct meetings on at least a
59 12 bimonthly basis.
59 13 Sec. 187. NEW SECTION. 15E.70 FINANCIAL
59 14 STATEMENTS == AUDITOR OF STATE.
59 15 By July 1 of each year, the Iowa fund of funds, the
59 16 Iowa capital investment corporation, and designated
59 17 investors shall submit a financial statement for the
59 18 previous calendar year to the auditor of state.
59 19 Sec. 188. 2008 Iowa Acts, chapter 1178, section
59 20 18, is amended by adding the following new subsection:
59 21 NEW SUBSECTION. 7. Notwithstanding section 8.33,
59 22 moneys appropriated in this section that remain
59 23 unencumbered or unobligated at the close of the fiscal
59 24 year shall not revert but shall remain available for
59 25 expenditure for the purposes designated until the
59 26 close of the succeeding fiscal year.
59 27 Sec. 189. 2009 Iowa Acts, Senate File 469, section
59 28 15, subsection 2, unnumbered paragraph 2, if enacted,
59 29 is amended to read as follows:
59 30 The division of workers' compensation shall
59 31 continue charging charge a $65 $100 filing fee for
59 32 workers' compensation cases. The filing fee shall be
59 33 paid by the petitioner of a claim. However, the fee
59 34 can be taxed as a cost and paid by the losing party,
59 35 except in cases where it would impose an undue
59 36 hardship or be unjust under the circumstances. The
59 37 moneys generated by the filing fee allowed under this
59 38 subsection are appropriated to the department of
59 39 workforce development to be used for purposes of
59 40 administering the division of workers' compensation.
59 41 Sec. 190. EFFECTIVE DATE.
59 42 1. The section of this division of this Act
59 43 amending 2008 Iowa Acts, chapter 1178, section 18,
59 44 being deemed of immediate importance, takes effect
59 45 upon enactment.
59 46 2. The section of this division of this Act
59 47 creating the disaster assistance loan and credit
59 48 guarantee program, being deemed of immediate
59 49 importance, takes effect upon enactment.
59 50 DIVISION XVI
60 1 CONTRACTOR REGISTRATION
60 2 Sec. 191. Section 91C.4, Code 2009, is amended to
60 3 read as follows:
60 4 91C.4 FEES
60 5 The labor commissioner shall prescribe the fee for
60 6 registration, which fee shall not exceed twenty=five
60 7 fifty dollars every two years year. All fees
60 8 collected shall be deposited in the general fund of
60 9 the state.
60 10 Sec. 192. Section 91C.7, subsection 2, paragraph
60 11 b, Code 2009, is amended to read as follows:
60 12 b. An out=of=state contractor may file a blanket
60 13 bond in an amount at least equal to fifty thousand
60 14 dollars for the registration a two=year period
60 15 established under section 91C.4 in lieu of filing an
60 16 individual bond for each contract. The division of
60 17 labor services of the department of workforce
60 18 development may increase the bond amount after a
60 19 hearing.
60 20 Sec. 193. NEW SECTION. 91C.9 REGISTRATION FUND.
60 21 1. A contractor registration revolving fund is
60 22 created in the state treasury. The revolving fund
60 23 shall be administered by the commissioner and shall
60 24 consist of moneys collected by the commissioner as
60 25 fees. The commissioner shall remit all fees collected
60 26 pursuant to this chapter to the revolving fund. The
60 27 moneys in the revolving fund are appropriated to and
60 28 shall be used by the commissioner to pay the actual
60 29 costs and expenses necessary to perform the duties of
60 30 the commissioner and the division of labor as
60 31 described in this chapter. All salaries and expenses
60 32 properly chargeable to the revolving fund shall be
60 33 paid from the revolving fund.
60 34 2. Section 8.33 does not apply to any moneys in
60 35 the revolving fund. Notwithstanding section 12C.7,
60 36 subsection 2, earnings or interest on moneys deposited
60 37 in the fund shall be credited to the revolving fund.
60 38 Sec. 194. EMERGENCY RULES. The commissioner may
60 39 adopt emergency rules under section 17A.4, subsection
60 40 3, and section 17A.5, subsection 2, paragraph "b", to
60 41 implement the provisions of this Act amending chapter
60 42 91C, and the rules shall be effective immediately upon
60 43 filing unless a later date is specified in the rules.
60 44 Any rules adopted in accordance with this section
60 45 shall also be published as a notice of intended action
60 46 as provided in section 17A.4.
60 47 Sec. 195. REGISTRATION FUND == CASH FLOW.
60 48 Notwithstanding contrary provisions of section 89.8,
60 49 and of section 91C.9 as enacted in this Act, for the
60 50 fiscal year beginning July 1, 2009, and ending June
61 1 30, 2010, the commissioner may allocate, for cash flow
61 2 purposes, up to one hundred thousand dollars from
61 3 moneys in the boiler and pressure vessel safety
61 4 revolving fund created in section 89.8, to the
61 5 contractor registration revolving fund created in
61 6 section 91C.9 as enacted in this Act, provided that
61 7 such moneys are returned to the boiler and pressure
61 8 vessel safety revolving fund by June 30, 2010.
61 9 DIVISION XVII
61 10 CHILD CARE REGULATORY FEE
61 11 Sec. 196. NEW SECTION. 237A.4A CHILD CARE
61 12 REGULATORY FEE == CHILD CARE FACILITY FUND.
61 13 1. a. The department shall implement a regulatory
61 14 fee for licensure of child care facilities. The fee
61 15 requirements shall provide for tiered amounts based
61 16 upon a child care facility's capacity and a child
61 17 development home's regulatory category at the time of
61 18 licensure.
61 19 b. The regulatory fee for centers shall not exceed
61 20 one hundred fifty dollars.
61 21 c. The regulatory fee for category "A" and "B"
61 22 child development homes shall not exceed one hundred
61 23 fifty dollars and the fee for category "C" child
61 24 development homes shall not exceed one hundred
61 25 eighty=seven dollars.
61 26 d. The department shall adopt rules for
61 27 implementation of the fee.
61 28 2. Regulatory fees collected shall augment
61 29 existing funding for regulation of child care
61 30 facilities in order to phase in annual inspections of
61 31 child development homes and improve inspections of
61 32 child care centers. The department shall not supplant
61 33 existing funding for regulation of child care with
61 34 funding derived from the regulatory fee. The
61 35 department shall seek to meet the following target
61 36 percentages of the total number of child development
61 37 homes in the state inspected annually in phasing in
61 38 the annual inspection of all child development homes:
61 39 a. For the fiscal year beginning July 1, 2009,
61 40 twenty percent.
61 41 b. For the fiscal year beginning July 1, 2010,
61 42 forty percent.
61 43 c. For the fiscal year beginning July 1, 2011,
61 44 sixty percent.
61 45 d. For the fiscal year beginning July 1, 2012,
61 46 eighty percent.
61 47 e. For the fiscal year beginning July 1, 2013, and
61 48 succeeding fiscal years, one hundred percent.
61 49 3. a. In phasing in the inspection of child
61 50 development homes, the department shall give priority
62 1 to child development homes that have recently become
62 2 licensed and have paid the regulatory fee implemented
62 3 pursuant to this section.
62 4 b. The results of an inspection of a child care
62 5 facility shall be made publicly available on the
62 6 internet page or site implemented by the department in
62 7 accordance with section 237A.25 and through other
62 8 means.
62 9 4. The target time frame for the department's
62 10 issuance of the report concerning an inspection or
62 11 other regulatory visit to a child care facility is
62 12 sixty calendar days.
62 13 5. A child care facility fund is created in the
62 14 state treasury under the authority of the department.
62 15 The fund is separate from the general fund of the
62 16 state. Regulatory fees collected under subsection 1
62 17 shall be credited to the fund. Moneys credited to the
62 18 fund shall not revert to any other fund and are not
62 19 subject to transfer except as specifically provided by
62 20 law. Notwithstanding section 12C.7, subsection 2,
62 21 interest or earnings on moneys deposited in the fund
62 22 shall be credited to the fund. Moneys in the fund are
62 23 annually appropriated to the department to be used for
62 24 staffing dedicated to monitoring and regulation of
62 25 child care facilities, contracting, related technology
62 26 costs, record checks, grants and fee waivers, and
62 27 other expenses for inspection and regulation of child
62 28 care facilities. Any full=time equivalent positions
62 29 paid for out of the fund shall be in addition to other
62 30 such positions authorized for the department.
62 31 Sec. 197. Section 237A.5, subsection 2, paragraphs
62 32 b and c, Code 2009, are amended to read as follows:
62 33 b. If an individual person subject to a record
62 34 check is being considered for employment by a child
62 35 care facility or child care home provider, in lieu of
62 36 requesting a record check in this state to be
62 37 conducted by the department under paragraph "c", the
62 38 child care facility or child care home may access the
62 39 single contact repository established pursuant to
62 40 section 135C.33 as necessary to conduct a criminal and
62 41 child abuse record check of the individual in this
62 42 state. A copy of the results of the record check
62 43 conducted through the single contact repository shall
62 44 also be provided to the department. If the record
62 45 check indicates the individual is a person subject to
62 46 an evaluation, the child care facility or child care
62 47 home may request that the department perform an
62 48 evaluation as provided in this subsection. Otherwise,
62 49 the individual shall not be employed by the child care
62 50 facility or child care home.
63 1 c. Unless a record check has already been
63 2 conducted in accordance with paragraph "b", the
63 3 department shall conduct a criminal and child abuse
63 4 record check in this state for a person who is subject
63 5 to a record check and may conduct such a check in
63 6 other states. In addition, the department may conduct
63 7 a dependent adult abuse, sex offender registry, or
63 8 other public or civil offense record check in this
63 9 state or in other states for a person who is subject
63 10 to a record check.
63 11 cc. (1) For a person subject to a record check,
63 12 in addition to any other record check conducted
63 13 pursuant to this subsection, the person's fingerprints
63 14 shall be provided to the department of public safety
63 15 for submission through the state criminal history
63 16 repository to the United States department of justice,
63 17 federal bureau of investigation for a national
63 18 criminal history check. The national criminal history
63 19 check shall be repeated every four years.
63 20 (2) Except as otherwise provided by law, the cost
63 21 of a national criminal history check conducted in
63 22 accordance with subparagraph (1) and the state record
63 23 checks conducted in accordance with paragraph "c" that
63 24 are conducted in connection with a person's
63 25 involvement with a child care center are not the
63 26 responsibility of the department. The department is
63 27 responsible for the cost of such checks conducted in
63 28 connection with a person's involvement with a child
63 29 development home or child care home.
63 30 (3) If record checks under paragraph "b" or "c"
63 31 have been conducted on a person subject to a record
63 32 check and the results do not warrant prohibition of
63 33 the person's involvement with child care or otherwise
63 34 present protective concerns, the person may be
63 35 involved with child care on a provisional basis until
63 36 the record check under subparagraph (1) has been
63 37 completed.
63 38 (4) For the period beginning July 1, 2009, and
63 39 ending June 30, 2013:
63 40 (a) The requirement in subparagraph (1) shall only
63 41 apply to owners and employees of licensed child care
63 42 centers and licensed child development homes and is
63 43 applicable beginning on and after January 1, 2010, at
63 44 the time of initial application for or renewal of a
63 45 center's or home's license and the cost provisions of
63 46 subparagraph (2) are applicable to owners and
63 47 employees of centers beginning at the same time.
63 48 (b) Except for child development home providers
63 49 who voluntarily license and are addressed by
63 50 subparagraph division (a), and child development home
64 1 providers participating in the child care quality
64 2 rating system at a level under which national records
64 3 checks are required in accordance with departmental
64 4 rule, the national record check requirement in
64 5 subparagraph (1) is not applicable in connection with
64 6 a child development home or child care home throughout
64 7 the period.
64 8 (c) This subparagraph (4) is repealed on July 1,
64 9 2013.
64 10 ccc. (1) If a record check performed pursuant to
64 11 this paragraph subsection identifies an individual as
64 12 a person subject to an evaluation, an evaluation shall
64 13 be performed to determine whether prohibition of the
64 14 person's involvement with child care is warranted.
64 15 The evaluation shall be performed in accordance with
64 16 procedures adopted for this purpose by the department.
64 17 (2) Prior to performing an evaluation, the
64 18 department shall notify the affected person, licensee,
64 19 registrant, or child care home applying for or
64 20 receiving public funding for providing child care,
64 21 that an evaluation will be conducted to determine
64 22 whether prohibition of the person's involvement with
64 23 child care is warranted.
64 24 Sec. 198. IMPLEMENTATION.
64 25 1. The department of human services shall adopt
64 26 administrative rules to begin implementation of the
64 27 regulatory fee authorized to be imposed by this
64 28 division of this Act on or after January 1, 2010.
64 29 2. It is the intent of the general assembly to
64 30 enact required licensure of child development homes
64 31 commencing on July 1, 2013, and for the licensure
64 32 requirement to provide exemptions for child care
64 33 provided by a relative to only related children, a
64 34 person providing before or after school child care
64 35 without charge to only children of friends or
64 36 neighbors, or a person providing child care to only
64 37 children from a single unrelated family. Beginning on
64 38 the effective date of this division of this Act, the
64 39 department of human services shall begin transition
64 40 activities for such implementation of child
64 41 development home licensure. The transition activities
64 42 may include all of the following:
64 43 a. Implementation of an ongoing public awareness
64 44 campaign to inform child care providers and consumers
64 45 of child care services of the intended licensure
64 46 requirement.
64 47 b. Implementation of a voluntary child development
64 48 home licensing program on or after July 1, 2010. The
64 49 department shall adopt rules for the voluntary
64 50 program. The rules may include but are not limited to
65 1 provisions to limit the number of voluntary licensure
65 2 applications accepted as necessary to limit related
65 3 expenditures within the funding available. The rules
65 4 shall address all qualification levels of providers
65 5 who apply for licensure under the voluntary program.
65 6 However, a prelicensure inspection shall not be
65 7 required for initial licensure of a child development
65 8 home provider who meets all of the following
65 9 requirements:
65 10 (1) The provider's registration is in good
65 11 standing at the time of application for a license.
65 12 (2) The provider has a rating of 3, 4, or 5 under
65 13 the child care quality rating system implemented
65 14 pursuant to section 237A.30 as of the application
65 15 date. The provider must either maintain or achieve a
65 16 higher rating, throughout the period of voluntary
65 17 licensure.
65 18 (3) The provider has passed a registration
65 19 compliance check by the department or achieved a
65 20 rating specified in subparagraph (2) within the
65 21 two=year period preceding the application date.
65 22 c. Any cost savings realized by the department
65 23 during the transition period due to licensed child
65 24 care centers or their employees assuming
65 25 responsibility for the cost of required record checks
65 26 in place of the department shall be transferred to the
65 27 child care facility fund created by this division of
65 28 this Act.
65 29 d. The department, in collaboration with
65 30 representatives of the community empowerment
65 31 initiative, the state child care advisory council, the
65 32 early childhood Iowa council, child care providers
65 33 active with the Iowa affiliate of the American
65 34 federation of state, county, and municipal employees,
65 35 and others involved with early care, shall develop a
65 36 plan for creating sustainable funding sources to
65 37 support home=based child care providers in meeting the
65 38 intended child development home licensing requirement.
65 39 The plan shall be submitted to the governor and
65 40 general assembly on or before December 15, 2010.
65 41 DIVISION XVIII
65 42 CITY FRANCHISE FEES AND CITY UTILITIES
65 43 Sec. 199. Section 364.2, subsection 4, paragraph
65 44 f, Code 2009, is amended to read as follows:
65 45 f. A franchise fee assessed by a city may be based
65 46 upon a percentage of gross revenues generated from
65 47 sales of the franchisee within the city not to exceed
65 48 five percent, without regard to the city's cost of
65 49 inspecting, supervising, and otherwise regulating the
65 50 franchise. Franchise fees collected pursuant to an
66 1 ordinance in effect on the effective date of this
66 2 division of this Act shall be deposited in the city's
66 3 general fund and such fees collected in excess of the
66 4 amounts necessary to inspect, supervise, and otherwise
66 5 regulate the franchise may be used by the city for any
66 6 other purpose authorized by law. Franchise fees
66 7 collected pursuant to an ordinance that is adopted or
66 8 amended on or after the effective date of this
66 9 division of this Act to increase the percentage rate
66 10 at which franchise fees are assessed shall be credited
66 11 to the franchise fee account within the city's general
66 12 fund and used pursuant to section 384.3A. If a city
66 13 franchise fee is assessed to customers of a franchise,
66 14 the fee shall not be assessed to the city as a
66 15 customer. Before a city adopts or amends a franchise
66 16 fee rate ordinance or franchise ordinance to increase
66 17 the percentage rate at which franchise fees are
66 18 assessed, a revenue purpose statement shall be
66 19 prepared specifying the purpose or purposes for which
66 20 the revenue collected from the increased rate will be
66 21 expended. If property tax relief is listed as a
66 22 purpose, the revenue purpose statement shall also
66 23 include information regarding the amount of the
66 24 property tax relief to be provided with revenue
66 25 collected from the increased rate. The revenue
66 26 purpose statement shall be published as provided in
66 27 section 362.3.
66 28 Sec. 200. Section 364.3, Code 2009, is amended by
66 29 adding the following new subsection:
66 30 NEW SUBSECTION. 10. A city which operates a
66 31 utility that furnishes gas or electricity shall manage
66 32 the right=of=way on a competitively neutral and
66 33 nondiscriminatory basis. Such city utility shall be
66 34 required to pay the fees and charges computed in the
66 35 same manner as those fees and charges which are
66 36 imposed by the city upon any other provider of a
66 37 similar service within the corporate boundaries of the
66 38 city. Such city utility shall also comply with the
66 39 terms of the franchise granted by the city to the
66 40 provider of a similar service. This subsection shall
66 41 not be construed to prohibit the city utility from
66 42 making transfers of surplus as otherwise allowed or
66 43 from making in=kind contributions as otherwise
66 44 allowed. However, a city shall not require that
66 45 transfers from the city utility be in excess of the
66 46 franchise fee amount imposed upon the provider of a
66 47 similar service unless otherwise agreed.
66 48 Sec. 201. NEW SECTION. 384.3A FRANCHISE FEE
66 49 ACCOUNT == USE OF FRANCHISE FEE REVENUES.
66 50 1. A city that assesses a franchise fee pursuant
67 1 to an ordinance that is adopted or amended on or after
67 2 the effective date of this division of this Act to
67 3 increase the percentage rate at which franchise fees
67 4 are assessed under section 364.2, subsection 4,
67 5 paragraph "f", shall establish a franchise fee account
67 6 within the city's general fund. All revenues
67 7 collected by a city pursuant to such an ordinance
67 8 shall be deposited in the account. Interest earned on
67 9 revenues deposited in the account shall remain in the
67 10 account and be used for the purposes specified in this
67 11 section. Moneys in the account are not subject to
67 12 transfer to any other accounts in the city's general
67 13 fund or to any other funds established by a city
67 14 unless such transfer is for a purpose specified in
67 15 this section.
67 16 2. Moneys in the account shall be used for the
67 17 purposes of inspecting, supervising, and otherwise
67 18 regulating each franchise approved by the city.
67 19 3. Moneys in the account in excess of the amount
67 20 necessary for the purposes specified in subsection 2
67 21 shall be expended for any of the following:
67 22 a. Property tax relief.
67 23 b. The repair, remediation, restoration, cleanup,
67 24 replacement, and improvement of existing public
67 25 improvements and other publicly owned property,
67 26 buildings, and facilities.
67 27 c. Projects designed to prevent or mitigate future
67 28 disasters as defined in section 29C.2.
67 29 d. Energy conservation measures for low=income
67 30 homeowners, low=income energy assistance programs, and
67 31 weatherization programs.
67 32 e. Public safety, including the equipping of fire,
67 33 police, emergency services, sanitation, street, and
67 34 civil defense departments.
67 35 f. The establishment, construction,
67 36 reconstruction, repair, equipping, remodeling, and
67 37 extension of public works, public utilities, and
67 38 public transportation systems.
67 39 g. The construction, reconstruction, or repair of
67 40 streets, highways, bridges, sidewalks, pedestrian
67 41 underpasses and overpasses, street lighting fixtures,
67 42 and public grounds, and the acquisition of real estate
67 43 needed for such purposes.
67 44 h. Property tax abatements, building permit fee
67 45 abatements, and abatement of other fees for property
67 46 damaged by a disaster as defined in section 29C.2.
67 47 i. Economic development activities and projects.
67 48 Sec. 202. CERTAIN FRANCHISE FEES DECLARED LEGAL.
67 49 To the extent that any amount of franchise fees
67 50 assessed by and paid to a city prior to the effective
68 1 date of this division of this Act, pursuant to a
68 2 franchise agreement between a city and any person to
68 3 erect, maintain, and operate plants and systems for
68 4 electric light and power, heating, telegraph, district
68 5 telegraph and alarm, motor bus, trolley bus, street
68 6 railway or other public transit, waterworks, or
68 7 gasworks, exceeds the city's reasonable costs of
68 8 inspecting, supervising, and otherwise regulating the
68 9 franchise, such amount is deemed and declared to be
68 10 authorized and legally assessed by and paid to the
68 11 city.
68 12 Sec. 203. EFFECTIVE DATE. This division of this
68 13 Act, being deemed of immediate importance, takes
68 14 effect upon enactment.>
68 15 #2. Title page, line 6, by inserting after the
68 16 word <matters> the following: <and including
68 17 effective date and retroactive and other applicability
68 18 provisions>.
68 19
68 20
68 21
68 22 ROBERT E. DVORSKY
68 23 SF 478.201 83
68 24 tm/jp/24176.6
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