Senate Amendment 5017
PAG LIN
1 1 Amend Senate File 2088 as follows:
1 2 #1. Page 2, by striking lines 3 through 5.
1 3 #2. Page 5, after line 9 by inserting:
1 4 <Sec. ___. Section 8A.203, subsection 1, Code 2009,
1 5 is amended to read as follows:
1 6 1. Prescribe and adopt Advise the director
1 7 concerning the adoption of information technology
1 8 standards and rules.>
1 9 #3. Page 34, line 3, by striking <quarterly>
1 10 #4. Page 34, line 4, after <agency> by inserting <on
1 11 January 15 and July 15 of each year>
1 12 #5. Page 34, line 6, after <section> by inserting
1 13 <for the previous six calendar months>
1 14 #6. Page 83, after line 9 by inserting:
1 15 <8A. Budget database. To develop and make
1 16 available to the public a searchable budget database.>
1 17 #7. Page 109, by striking line 8 and inserting:
1 18 .................................................. $ 175,000>
1 19 #8. Page 109, by striking line 10 and inserting:
1 20 <Of the moneys appropriated in this section, $50,000
1 21 shall be used by>
1 22 #9. Page 113, after line 3 by inserting:
1 23 <Sec. ___. REPEAL. Chapter 175A, Code 2009, is
1 24 repealed.
1 25 Sec. ___. GRAPE AND WINE DEVELOPMENT FUND. This
1 26 division of this Act does not affect the expenditure
1 27 of moneys by the department of agriculture and land
1 28 stewardship to satisfy any obligations or encumbrances
1 29 of moneys in the grape and wine development fund
1 30 created in section 175A.5, if the obligations or
1 31 encumbrances were incurred prior to the effective date
1 32 of this division of this Act. Moneys credited to the
1 33 grape and wine development fund that are unobligated
1 34 or unencumbered at the close of the fiscal year
1 35 ending June 30, 2010, shall be transferred to the wine
1 36 gallonage tax fund created in section 123.183 in the
1 37 same manner as a reversion.>
1 38 #10. By striking page 113, line 27, through page
1 39 114, line 12, and inserting:
1 40 <Sec. ___. Section 455B.104, Code Supplement 2009,
1 41 is amended by adding the following new subsections:
1 42 NEW SUBSECTION. 3. The department may periodically
1 43 forward recommendations to the commission designed to
1 44 encourage the reduction of statewide greenhouse gas
1 45 emissions.
1 46 NEW SUBSECTION. 4. By September 1 of each year,
1 47 the department shall submit a report to the governor
1 48 and the general assembly regarding the greenhouse gas
1 49 emissions in the state during the previous calendar
1 50 year and forecasting trends in such emissions. The
2 1 first submission by the department shall be filed by
2 2 September 1, 2011, for the calendar year beginning
2 3 January 1, 2010.
2 4 Sec. ___. Section 455B.851, Code 2009, is amended
2 5 by adding the following new subsection:
2 6 NEW SUBSECTION. 10. This section is repealed July
2 7 1, 2011.
2 8 Sec. ___. Section 473.7, subsection 12, paragraph
2 9 b, Code Supplement 2009, is amended by striking the
2 10 paragraph.>
2 11 #11. By striking page 114, line 29, through page
2 12 115, line 23, and inserting:
2 13 <Sec. ___. Section 15G.203, subsection 2, Code
2 14 Supplement 2009, is amended to read as follows:
2 15 2. A person may apply to the department to receive
2 16 financial incentives on a cost=share basis. The
2 17 department shall forward the applications to the
2 18 underground storage tank fund board as required
2 19 by that board for evaluation and recommendation.
2 20 The underground storage tank fund board may
2 21 rank evaluate the applications with comments and
2 22 shall, make recommendations, and forward them to the
2 23 infrastructure board for approval or disapproval.
2 24 The department shall award financial incentives
2 25 on a cost=share basis to an eligible person whose
2 26 application was approved by the infrastructure board.
2 27 Sec. ___. Section 15G.204, subsection 1, Code 2009,
2 28 is amended to read as follows:
2 29 1. A person may apply to the department to receive
2 30 financial incentives on a cost=share basis. The
2 31 department shall forward the applications to the
2 32 underground storage tank fund board as required
2 33 by that board for evaluation and recommendation.
2 34 The underground storage tank fund board may
2 35 rank evaluate the applications with comments and
2 36 shall, make recommendations, and forward them to the
2 37 infrastructure board for approval or disapproval.
2 38 The department shall award financial incentives
2 39 on a cost=share basis to an eligible person whose
2 40 application was approved by the infrastructure board.>
2 41 #12. Page 122, after line 9 by inserting:
2 42 <Sec. ___. Section 455B.479, Code 2009, is amended
2 43 to read as follows:
2 44 455B.479 Storage tank management fee.
2 45 An owner or operator of an underground storage
2 46 tank shall pay an annual storage tank management fee
2 47 of sixty=five dollars per tank of over one thousand
2 48 one hundred gallons capacity. Twenty=three percent
2 49 of the The fees collected shall be deposited in the
2 50 storage tank management account of the groundwater
3 1 protection fund. Seventy=seven percent of the fees
3 2 collected shall be deposited in the Iowa comprehensive
3 3 petroleum underground storage tank fund created in
3 4 chapter 455G.
3 5 Sec. ___. Section 455E.11, subsection 2, paragraph
3 6 d, Code 2009, is amended to read as follows:
3 7 d. A storage tank management account. All fees
3 8 collected pursuant to section 455B.473, subsection 5,
3 9 and section 455B.479, shall be deposited in the storage
3 10 tank management account, except those moneys deposited
3 11 into the Iowa comprehensive petroleum underground
3 12 storage tank fund pursuant to section 455B.479. Funds.
3 13 Moneys deposited in the account shall be expended for
3 14 the following purposes:
3 15 (1) One thousand dollars is appropriated annually
3 16 to the Iowa department of public health to carry out
3 17 departmental duties under section 135.11, subsections
3 18 20 and 21, and section 139A.21.
3 19 (2) Twenty=three percent of the proceeds of the
3 20 fees imposed pursuant to section 455B.473, subsection
3 21 5, and section 455B.479 shall be deposited in the
3 22 account annually, up to a maximum of three hundred
3 23 fifty thousand dollars. If twenty=three percent of the
3 24 proceeds exceeds three hundred fifty thousand dollars,
3 25 the excess shall be deposited into the fund created in
3 26 section 455G.3. Three hundred fifty thousand dollars
3 27 is The moneys remaining in the account after the
3 28 appropriation in subparagraph (1) are appropriated from
3 29 the storage tank management account to the department
3 30 of natural resources for the administration of a state
3 31 storage tank program pursuant to chapter 455B, division
3 32 IV, part 8, and for programs which reduce the potential
3 33 for harm to the environment and the public health from
3 34 storage tanks.
3 35 (3) The remaining funds in the account are
3 36 appropriated annually to the Iowa comprehensive
3 37 petroleum underground storage tank fund.>
3 38 #13. Page 136, after line 20 by inserting:
3 39 <Sec. ___. Section 455G.8, subsection 3, Code 2009,
3 40 is amended by striking the subsection.>
3 41 #14. Page 152, line 13, by striking <and>
3 42 #15. Page 152, line 13, after <purposes> by
3 43 inserting <, and for not more than the following
3 44 full=time equivalent positions>
3 45 #16. Page 152, after line 14 by inserting:
3 46 ............................................... FTEs 8.00>
3 47 #17. By striking page 156, line 7, through page 157,
3 48 line 28.
3 49 #18. Page 157, after line 33 by inserting:
3 50 <Sec. ___. Section 273.2, Code Supplement 2009, is
4 1 amended by adding the following new subsections:
4 2 NEW SUBSECTION. 8. The area education agency board
4 3 shall collaborate with the department of education to
4 4 provide a statewide infrastructure for educational
4 5 data to create cost efficiencies, provide storage and
4 6 disaster mitigation, and improve interconnectivity
4 7 between schools and school districts. In addition,
4 8 the area education agency boards shall work with
4 9 the department to provide systemwide coordination
4 10 in the implementation of the statewide longitudinal
4 11 data system consistent with the federal American
4 12 Recovery and Reinvestment Act of 2009. The area
4 13 education agencies shall provide support to school
4 14 districts' information technology infrastructure that
4 15 is consistent with the statewide infrastructure for the
4 16 educational data collaborative.
4 17 NEW SUBSECTION. 9. The area education agency
4 18 boards shall jointly develop a three=year statewide
4 19 strategic plan that supports goals adopted by the
4 20 state board of education pursuant to section 256.7,
4 21 subsection 4, and the accreditation standards
4 22 established pursuant to section 256.11; establish
4 23 performance goals; and clearly identify the statewide
4 24 efforts to improve student learning and create
4 25 efficiencies in management operations for area
4 26 education agencies and school districts. The statewide
4 27 strategic plan shall be approved by the state board
4 28 of education. The area education agency boards shall
4 29 jointly provide the state board with annual updates on
4 30 the performance measures.>
4 31 #19. Page 158, line 2, by striking <not less than>
4 32 and inserting <not less than>
4 33 #20. Page 158, line 3, by striking <nine> and
4 34 inserting <nine eleven>
4 35 #21. Page 158, line 6, after <agency.> by inserting
4 36 <An area education agency shall consist of five
4 37 director districts.>
4 38 #22. Page 159, line 3, by striking <The> and
4 39 inserting <The A>
4 40 #23. Page 159, line 6, by striking <The board of>
4 41 #24. Page 159, by striking lines 7 and 8 and
4 42 inserting:
4 43 <(1) The school district boards of each director
4 44 district shall jointly elect two members to the
4 45 eleven=member board of directors of the area education
4 46 agency. One of the two members elected in each
4 47 director district shall meet one of the following
4 48 criteria, on a rotating basis with all of the other
4 49 director districts, as coordinated by the department:>
4 50 #25. Page 159, line 9, by striking <(1)> and
5 1 inserting <(a)>
5 2 #26. Page 159, line 10, by striking <(2)> and
5 3 inserting <(b)>
5 4 #27. Page 159, line 11, by striking <(3)> and
5 5 inserting <(c)>
5 6 #28. Page 159, line 13, by striking <(4)> and
5 7 inserting <(d)>
5 8 #29. Page 159, by striking line 14.
5 9 #30. Page 159, line 15, by striking <(6)> and
5 10 inserting <(e)>
5 11 #31. Page 159, after line 18 by inserting:
5 12 <(2) The eleventh member of the board of directors
5 13 of the area education agency shall be elected by the
5 14 authorities in charge of the accredited nonpublic
5 15 schools located within the boundaries of the area
5 16 education agency.
5 17 (3) Notwithstanding paragraph "b", the initial
5 18 terms of the directors shall be determined by lot, one
5 19 for two years, and two for four years.>
5 20 #32. Page 159, line 25, after <"c",> by inserting
5 21 <subparagraph (1), subparagraph subdivisions (a)
5 22 through (e),>
5 23 #33. Page 160, after line 14 by inserting:
5 24 <Sec. ___. Section 273.8, subsection 6, Code
5 25 Supplement 2009, is amended by striking the
5 26 subsection.>
5 27 #34. Page 160, after line 32 by inserting:
5 28 <Sec. ___. Section 273.11, subsection 2, Code 2009,
5 29 is amended by adding the following new paragraph:
5 30 NEW PARAGRAPH. j. Support for early childhood
5 31 service coordination for families and children to meet
5 32 health, safety, and learning needs.>
5 33 #35. Page 161, line 2, by striking <not less
5 34 than nine> and inserting <nine eleven>
5 35 #36. By striking page 161, line 29, through page
5 36 162, line 2, and inserting:
5 37 <Sec. ___. EFFECTIVE AND APPLICABILITY DATE
5 38 PROVISIONS. The sections of this division of this Act
5 39 amending sections 273.8, 273.10, and 273.23 take effect
5 40 January 1, 2011, and apply to elections for the boards
5 41 of directors of area education agency boards in which
5 42 the boundaries for the director districts are drawn
5 43 using official population figures from the 2010 federal
5 44 decennial census.>
5 45 #37. Page 186, before line 15 by inserting:
5 46 <DIVISION ___
5 47 REGISTRATION OF POSTSECONDARY SCHOOLS
5 48 Sec. ___. Section 261.2, subsection 7, paragraph b,
5 49 Code Supplement 2009, is amended to read as follows:
5 50 b. The commission may require a school seeking
6 1 registration under chapter 261B to provide copies
6 2 of its application to the Iowa coordinating council
6 3 for post=high school education. The commission may
6 4 consider comments from the council that are received
6 5 by the commission within ninety days of the filing of
6 6 the application. However, if the council meets to
6 7 consider comments for submission to the commission,
6 8 the meeting shall be open to the public and subject to
6 9 the provisions of chapter 21. The commission shall
6 10 post an application on the commission's internet site
6 11 and shall render a decision on an application for
6 12 registration within one hundred eighty days of the
6 13 filing of the application.
6 14 Sec. ___. REPEAL. Section 261B.10, Code Supplement
6 15 2009, is repealed.>
6 16 #38. Page 198, after line 12 by inserting:
6 17 <Sec. ___. DEPARTMENT OF JUSTICE = FALSE CLAIMS ACT
6 18 ENFORCEMENT. There is appropriated from the general
6 19 fund of the state to the department of justice for the
6 20 fiscal year beginning July 1, 2010, and ending June 30,
6 21 2011, the following amount, or so much thereof as is
6 22 necessary, to be used for the purposes designated:
6 23 For the general office of the attorney general,
6 24 including salaries, support, maintenance, miscellaneous
6 25 purposes, and for not more than the following full=time
6 26 equivalent positions:
6 27 .................................................. $ 60,000
6 28 ............................................... FTEs 1.00
6 29 The moneys appropriated in this section shall
6 30 be utilized by the department to perform the duties
6 31 required of the department under chapter 685, the false
6 32 claims act, as enacted by this division of this Act.>
6 33 #39. Page 236, lines 1 and 2, by striking <, 135N.1,
6 34 135N.2, 135N.3, 135N.4, 135N.5, 135N.6,>
6 35 #40. Page 241, by striking lines 5 through 18 and
6 36 inserting:
6 37 <Sec. ___. Section 80.13, Code 2009, is amended to
6 38 read as follows:
6 39 80.13 Training schools.
6 40 The commissioner may hold a training school for
6 41 peace officer candidates or for peace officers of the
6 42 department, and may send to recognized training schools
6 43 peace officers of the department as the commissioner
6 44 may deem advisable. The expenses candidate shall pay
6 45 one=third of the costs of such school of training, and
6 46 the remaining costs shall be paid in the same manner as
6 47 other expenses paid by the department.
6 48 Sec. ___. Section 80B.11B, subsection 2, Code 2009,
6 49 is amended by striking the subsection and inserting in
6 50 lieu thereof the following:
7 1 2. The Iowa law enforcement academy shall charge
7 2 to the following entities with the following costs to
7 3 provide the basic training course which is designed to
7 4 meet the minimum basic training requirements for a law
7 5 enforcement officer:
7 6 a. To the department of natural resources and the
7 7 department of transportation, the total cost.
7 8 b. To a candidate from any other state agency or
7 9 department of the state, one=third of the total cost,
7 10 and to the agency or department the remaining cost.
7 11 c. For a candidate sponsored by a political
7 12 subdivision, to the political subdivision, one=third
7 13 of the total cost; to the candidate, one=third of the
7 14 total cost; and to the state, the remainder of the
7 15 total cost. The political subdivision may pay for all
7 16 or a portion of the candidate's share of the costs.
7 17 d. For all other candidates, including a candidate
7 18 from a tribal government, to the candidate the total
7 19 costs.>
7 20 #41. Page 243, after line 29 by inserting:
7 21 <DIVISION ___
7 22 PROPERTY ASSESSMENT APPEAL
7 23 BOARD REPEAL
7 24 Sec. ___. Section 257.12, subsection 1, Code 2009,
7 25 is amended to read as follows:
7 26 1. If a school district is required to repay
7 27 property taxes paid for school taxes levied on property
7 28 originally assessed at five million dollars or more
7 29 because the assessment was subsequently reduced by
7 30 the action of the property assessment appeal board
7 31 or judicial action and the amount of the reduction in
7 32 the assessment equals at least one hundred thousand
7 33 dollars or two percent of the assessed value of
7 34 all taxable property in the district prior to the
7 35 reduction, whichever is less, the school district is
7 36 eligible for an adjustment in state foundation aid.
7 37 To receive the adjustment in state foundation aid,
7 38 the school district shall apply to the department of
7 39 management prior to the beginning of the budget year
7 40 following the budget year in which the repayment of the
7 41 property taxes occurred. The department of management
7 42 shall determine the amount of adjustment in state
7 43 foundation aid pursuant to subsection 2.
7 44 Sec. ___. Section 441.38, Code 2009, is amended to
7 45 read as follows:
7 46 441.38 Appeal to district court.
7 47 1. Appeals may be taken from the action of the
7 48 local board of review with reference to protests
7 49 of assessment, to the district court of the county
7 50 in which the board holds its sessions within twenty
8 1 days after its adjournment or May 31, whichever date
8 2 is later. Appeals may be taken from the action of
8 3 the property assessment appeal board to the district
8 4 court of the county where the property which is the
8 5 subject of the appeal is located within twenty days
8 6 after the letter of disposition of the appeal by the
8 7 property assessment appeal board is postmarked to the
8 8 appellant. No new grounds in addition to those set out
8 9 in the protest to the local board of review as provided
8 10 in section 441.37, or in addition to those set out in
8 11 the appeal to the property assessment appeal board, if
8 12 applicable, can be pleaded. Additional evidence to
8 13 sustain those grounds may be introduced in an appeal
8 14 from the local board of review to the district court.
8 15 However, no new evidence to sustain those grounds may
8 16 be introduced in an appeal from the property assessment
8 17 appeal board to the district court. The assessor shall
8 18 have the same right to appeal and in the same manner as
8 19 an individual taxpayer, public body, or other public
8 20 officer as provided in section 441.42. Appeals shall
8 21 be taken by filing a written notice of appeal with the
8 22 clerk of district court. Filing of the written notice
8 23 of appeal shall preserve all rights of appeal of the
8 24 appellant.
8 25 2. If the appeal to district court is taken from
8 26 the action of the local board of review, notice of
8 27 appeal shall be served as an original notice on the
8 28 chairperson, presiding officer, or clerk of the board
8 29 of review after the filing of notice under subsection
8 30 1 with the clerk of district court. If the appeal to
8 31 district court is taken from the action of the property
8 32 assessment appeal board, notice of appeal shall be
8 33 served as an original notice on the secretary of the
8 34 property assessment appeal board after the filing of
8 35 notice under subsection 1 with the clerk of district
8 36 court.
8 37 Sec. ___. Section 441.38A, Code 2009, is amended to
8 38 read as follows:
8 39 441.38A Notice to school district.
8 40 In addition to any other requirement for providing
8 41 of notice, if a property owner or aggrieved taxpayer
8 42 files a protest against the assessment of property
8 43 valued at five million dollars or more or files an
8 44 appeal to the property assessment appeal board or
8 45 the district court with regard to such property, the
8 46 assessor shall provide notice to the school district in
8 47 which such property is located within ten days of the
8 48 filing of the protest or the appeal, as applicable.
8 49 Sec. ___. 2005 Iowa Acts, chapter 150, section 134,
8 50 is amended to read as follows:
9 1 SEC. 134. FUTURE REPEAL.
9 2 1. The sections of this division of this Act
9 3 amending sections 7E.6, 13.7, 428.4, 441.19, 441.35,
9 4 441.38, 441.39, 441.43, 441.49, and 445.60, and
9 5 enacting sections 421.1A and section 441.37A, are
9 6 repealed effective July 1, 2013 2010.
9 7 2. The portion of the section of this division of
9 8 this Act amending section 441.28 relating only to the
9 9 property assessment appeal board is repealed effective
9 10 July 1, 2013 2010.
9 11 Sec. ___. REPEAL. Sections 421.1A and 441.38B,
9 12 Code 2009, are repealed.>
9 13 #42. By renumbering as necessary.
MICHAEL E. GRONSTAL
SF2088.340 (10) 83
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