Senate File 533 H-1720 Amend Senate File 533, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 6 2012-2013 7 Section 1. ADULT MH/MR/DD SERVICES ALLOWED 8 GROWTH FUNDING —— FY 2012-2013. Notwithstanding 9 section 331.439, subsection 3, the allowed growth 10 factor adjustment for county mental health, mental 11 retardation, and developmental disabilities service 12 expenditures for the fiscal year beginning July 1, 13 2012, shall be established by statute which shall be 14 enacted within thirty calendar days of the convening 15 of the Eighty-fourth General Assembly, 2012 Session, 16 on January 9, 2012. The governor shall submit to the 17 general assembly a recommendation for such allowed 18 growth factor adjustment and the amounts of related 19 appropriations to the general assembly on or before 20 January 9, 2012. 21 DIVISION II 22 STANDING APPROPRIATIONS AND RELATED MATTERS 23 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2012-2013. 24 1. For the budget process applicable to the fiscal 25 year beginning July 1, 2012, on or before October 1, 26 2011, in lieu of the information specified in section 27 8.23, subsection 1 , unnumbered paragraph 1, and 28 paragraph “a”, all departments and establishments of 29 the government shall transmit to the director of the 30 department of management, on blanks to be furnished 31 by the director, estimates of their expenditure 32 requirements, including every proposed expenditure, for 33 the ensuing fiscal year, together with supporting data 34 and explanations as called for by the director of the 35 department of management after consultation with the 36 legislative services agency. 37 2. The estimates of expenditure requirements 38 shall be in a form specified by the director of 39 the department of management, and the expenditure 40 requirements shall include all proposed expenditures 41 and shall be prioritized by program or the results to 42 be achieved. The estimates shall be accompanied by 43 performance measures for evaluating the effectiveness 44 of the programs or results. 45 Sec. 3. GENERAL ASSEMBLY. 46 1. The appropriations made pursuant to section 47 2.12 for the expenses of the general assembly and 48 legislative agencies for the fiscal year beginning July 49 1, 2011, and ending June 30, 2012, are reduced by the 50 -1- SF533.3142 (3) 84 tm/jp 1/ 20 #1.
following amount: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,750,000 2 2. The budgeted amounts for the general assembly 3 for the fiscal year beginning July 1, 2011, may be 4 adjusted to reflect unexpended budgeted amounts from 5 the previous fiscal year. 6 Sec. 4. LIMITATION OF STANDING APPROPRIATIONS. 7 Notwithstanding the standing appropriations in the 8 following designated sections for the fiscal year 9 beginning July 1, 2011, and ending June 30, 2012, the 10 amounts appropriated from the general fund of the state 11 pursuant to these sections for the following designated 12 purposes shall not exceed the following amounts: 13 1. For performance of duty by the executive council 14 in sections 7D.29, 8A.321, and 29C.20: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 16 2. For operational support grants and community 17 cultural grants under section 99F.11, subsection 3 , 18 paragraph “d”, subparagraph (1): 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 20 3. For regional tourism marketing under section 21 99F.11, subsection 3 , paragraph “d”, subparagraph (2): 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 310,306 23 4. For the center for congenital and inherited 24 disorders central registry under section 144.13A, 25 subsection 4 , paragraph “a”: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 27 5. For primary and secondary child abuse prevention 28 programs under section 144.13A, subsection 4 , paragraph 29 “a”: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 31 6. For programs for at-risk children under section 32 279.51 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,204,258 34 The amount of any reduction in this subsection shall 35 be prorated among the programs specified in section 36 279.51, subsection 1 , paragraphs “a”, “b”, and “c”. 37 7. For payment for nonpublic school transportation 38 under section 285.2 : 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 40 If total approved claims for reimbursement for 41 nonpublic school pupil transportation exceed the amount 42 appropriated in accordance with this subsection, the 43 department of education shall prorate the amount of 44 each approved claim. 45 8. For reimbursement for the homestead property tax 46 credit under section 425.1 : 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 48 9. For reimbursement for the family farm and 49 agricultural land tax credits under sections 425A.1 and 50 -2- SF533.3142 (3) 84 tm/jp 2/ 20
426.1 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 2 10. For the enforcement of chapter 453D relating to 3 tobacco product manufacturers under section 453D.8 : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 5 Sec. 5. INSTRUCTIONAL SUPPORT STATE AID —— FY 6 2011-2012. In lieu of the appropriation provided in 7 section 257.20, subsection 2, the appropriation for the 8 fiscal year beginning July 1, 2011, and ending June 30, 9 2012, for paying instructional support state aid under 10 section 257.20 for fiscal year 2011-2012 is zero. 11 Sec. 6. Section 257.35, Code 2011, is amended by 12 adding the following new subsection: 13 NEW SUBSECTION . 5A. Notwithstanding subsection 1, 14 and in addition to the reduction applicable pursuant 15 to subsection 2, the state aid for area education 16 agencies and the portion of the combined district cost 17 calculated for these agencies for the fiscal year 18 beginning July 1, 2011, and ending June 30, 2012, shall 19 be reduced by the department of management by twenty 20 million dollars. The reduction for each area education 21 agency shall be prorated based on the reduction that 22 the agency received in the fiscal year beginning July 23 1, 2003. 24 Sec. 7. Section 453A.35, subsection 1, Code 2011, 25 is amended to read as follows: 26 1. a. The With the exception of revenues credited 27 to the health care trust fund pursuant to paragraph 28 “b” , the proceeds derived from the sale of stamps and 29 the payment of taxes, fees, and penalties provided for 30 under this chapter , and the permit fees received from 31 all permits issued by the department, shall be credited 32 to the general fund of the state. However, of 33 b. Of the revenues generated from the tax on 34 cigarettes pursuant to section 453A.6, subsection 35 1 , and from the tax on tobacco products as specified 36 in section 453A.43, subsections 1, 2, 3, and 4 , and 37 credited to the general fund of the state under this 38 subsection , there is appropriated, annually, to the 39 health care trust fund created in section 453A.35A , the 40 first one hundred six million sixteen thousand four 41 hundred dollars shall be credited to the health care 42 trust fund created in section 453A.35A . 43 Sec. 8. Section 453A.35A, subsection 1, Code 2011, 44 is amended to read as follows: 45 1. A health care trust fund is created in the 46 office of the treasurer of state. The fund consists 47 of the revenues generated from the tax on cigarettes 48 pursuant to section 453A.6, subsection 1 , and from 49 the tax on tobacco products as specified in section 50 -3- SF533.3142 (3) 84 tm/jp 3/ 20
453A.43 , subsections 1, 2, 3, and 4 , that are credited 1 to the general fund of the state and appropriated to 2 the health care trust fund, annually, pursuant to 3 section 453A.35 . Moneys in the fund shall be separate 4 from the general fund of the state and shall not be 5 considered part of the general fund of the state. 6 However, the fund shall be considered a special account 7 for the purposes of section 8.53 relating to generally 8 accepted accounting principles. Moneys in the fund 9 shall be used only as specified in this section and 10 shall be appropriated only for the uses specified. 11 Moneys in the fund are not subject to section 8.33 12 and shall not be transferred, used, obligated, 13 appropriated, or otherwise encumbered, except as 14 provided in this section . Notwithstanding section 15 12C.7, subsection 2 , interest or earnings on moneys 16 deposited in the fund shall be credited to the fund. 17 DIVISION III 18 SALARIES, COMPENSATION, AND RELATED MATTERS 19 Sec. 9. BONUS PAY. For the fiscal years beginning 20 July 1, 2011, and July 1, 2012, employees of the 21 executive branch, judicial branch, and legislative 22 branch shall not receive bonus pay unless otherwise 23 authorized by law, required pursuant to a contract 24 of employment entered into before July 1, 2011, 25 or required pursuant to a collective bargaining 26 agreement. This section does not apply to employees 27 of the state board of regents who receive bonuses 28 funded by nonpublic moneys. For purposes of this 29 section, “bonus pay” means any additional remuneration 30 provided an employee in the form of a bonus, including 31 but not limited to a retention bonus, recruitment 32 bonus, exceptional job performance pay, extraordinary 33 job performance pay, exceptional performance pay, 34 extraordinary duty pay, or extraordinary or special 35 duty pay, and any extra benefit not otherwise provided 36 to other similarly situated employees. 37 Sec. 10. SALARY INCREASES —— CERTAIN REVOLVING 38 FUNDS. 39 1. For the fiscal years beginning July 1, 2011, and 40 July 1, 2012, there is appropriated from the gaming 41 enforcement revolving fund an amount necessary for 42 funding annual pay adjustments and related benefits 43 for agents and officers of the division of criminal 44 investigation’s racetrack, excursion boat, or gambling 45 structure enforcement activities. 46 2. For the fiscal years beginning July 1, 2011, 47 and July 1, 2012, there is appropriated from the 48 gaming regulatory revolving fund, if enacted by the 49 Eighty-fourth General Assembly, 2011 session, an 50 -4- SF533.3142 (3) 84 tm/jp 4/ 20
amount necessary for funding annual pay adjustments and 1 related benefits for positions in the racing and gaming 2 commission of the department of inspections and appeals 3 who are assigned to administration and enforcement of 4 the excursion boat and gambling structure laws. 5 Sec. 11. STATE TROOPER MEAL ALLOWANCE. For the 6 fiscal years beginning July 1, 2011, and July 1, 2012, 7 the sworn peace officers in the department of public 8 safety who are not covered by a collective bargaining 9 agreement negotiated pursuant to chapter 20 shall 10 receive the same per diem meal allowance as the sworn 11 peace officers in the department of public safety 12 who are covered by a collective bargaining agreement 13 negotiated pursuant to chapter 20. 14 Sec. 12. SALARY MODEL ADMINISTRATOR. The salary 15 model administrator shall work in conjunction with 16 the legislative services agency to maintain the 17 state’s salary model used for analyzing, comparing, 18 and projecting state employee salary and benefit 19 information, including information relating to 20 employees of the state board of regents. The 21 department of revenue, the department of administrative 22 services, the five institutions under the jurisdiction 23 of the state board of regents, the judicial district 24 departments of correctional services, and the state 25 department of transportation shall provide salary data 26 to the department of management and the legislative 27 services agency to operate the state’s salary 28 model. The format and frequency of provision of the 29 salary data shall be determined by the department of 30 management and the legislative services agency. The 31 information shall be used in collective bargaining 32 processes under chapter 20 and in calculating the 33 funding needs contained within the annual salary 34 adjustment legislation. A state employee organization 35 as defined in section 20.3, subsection 4, may request 36 information produced by the model, but the information 37 provided shall not contain information attributable to 38 individual employees. 39 Sec. 13. GROUP HEALTH INSURANCE PREMIUM COSTS FOR 40 STATE EMPLOYEES. 41 1. The state’s executive and judicial branch 42 authorities responsible for negotiating the collective 43 bargaining agreements entered into under chapter 20 44 shall engage in discussions with the applicable state 45 employee organizations to renegotiate provisions 46 involving health insurance coverage of state employees 47 and their families in order to achieve cost savings 48 for the state. The discussions shall include but are 49 not limited to a requirement for a state employee who 50 -5- SF533.3142 (3) 84 tm/jp 5/ 20
is covered by a collective bargaining agreement and 1 is a member of state group health insurance plan for 2 employees of the state established under chapter 509A 3 to pay at least one hundred dollars per month of the 4 total premium for such health plan coverage for single 5 persons or increase the amount paid per month for 6 family coverage by the same amount that would be paid 7 for the single person’s coverage. 8 2. If collective bargaining agreements are 9 renegotiated to achieve cost savings pursuant to 10 subsection 1, the cost savings provisions shall 11 also apply to state employees who are not covered by 12 collective bargaining as provided in chapter 20 and 13 are members of a state group health insurance plan for 14 employees of the state established under chapter 509A. 15 3. Beginning on the effective date of this section, 16 a state legislator or legislative staff member who is 17 a member of a state group health insurance plan for 18 employees of the state established under chapter 509A 19 shall pay at least one hundred dollars per month of the 20 total premium for such health care coverage for single 21 persons or increase the amount paid per month for 22 family coverage by the same amount that would be paid 23 for the single persons coverage. The payment amount 24 shall be determined by the legislative council, subject 25 to the minimum amount specified in this subsection. 26 Sec. 14. NEW SECTION . 8A.440 Group health 27 insurance premium costs. 28 1. Collective bargaining agreements entered into 29 pursuant to chapter 20 for state employees shall 30 provide that a state employee covered by that agreement 31 who is a member of a state group health insurance plan 32 for employees of the state established under chapter 33 509A shall pay at least one hundred dollars per month 34 of the total premium for such insurance for single 35 persons or increase the amount paid per month for 36 family coverage by the same amount that would be paid 37 for the single person’s coverage. 38 2. A state employee not covered by a collective 39 bargaining agreement as provided in chapter 20 who 40 is a member of a state group health insurance plan 41 for employees of the state established under chapter 42 509A shall pay the same amount per month of the 43 total premium for such insurance as is paid under 44 the collective bargaining agreement that covers 45 the greatest number of state employees in the state 46 government entity employing the state employee. 47 Sec. 15. APPLICABILITY. The section of this 48 division of this Act enacting section 8A.440, applies 49 to collective bargaining agreements entered into on 50 -6- SF533.3142 (3) 84 tm/jp 6/ 20
or after the effective date of that section of this 1 division of this Act. 2 Sec. 16. EFFECTIVE UPON ENACTMENT. The following 3 sections of this division of this Act, being deemed of 4 immediate importance, take effect upon enactment: 5 1. The section of this division relating to group 6 health insurance premium costs for state employees. 7 2. The section of this division enacting section 8 8A.440. 9 3. The section of this division relating to 10 applicability. 11 DIVISION IV 12 CORRECTIVE PROVISIONS 13 Sec. 17. Section 8.6, subsection 9A, as enacted by 14 2011 Iowa Acts, House File 45, section 39, is amended 15 to read as follows: 16 9A. Budget and tax rate databases. To develop 17 and make available to the public a searchable budget 18 database and internet site as required under chapter 19 8G, division subchapter I , and to develop and make 20 available to the public a searchable tax rate database 21 and internet site as required under chapter 8G, 22 division subchapter II . 23 Sec. 18. Section 8.57E, subsection 3, paragraph a, 24 as enacted by 2011 Iowa Acts, Senate File 209, section 25 30, is amended to read as follows: 26 a. Moneys in the taxpayer’s taxpayers trust fund 27 may be used for cash flow purposes during a fiscal year 28 provided that any moneys so allocated are returned to 29 the fund by the end of that fiscal year. 30 Sec. 19. Section 8G.13, as enacted by 2011 Iowa 31 Acts, House File 45, section 50, is amended to read as 32 follows: 33 8G.13 Updating database. 34 To facilitate the department of management’s efforts 35 in creating and maintaining a searchable database of 36 the taxes identified in section 8G.12, subsection 3 1 , 37 for all taxing jurisdictions in the state, each taxing 38 jurisdiction may annually be required to report its tax 39 rates to the department of management or the department 40 of revenue and shall report any changes to its tax 41 rates within thirty days of the change. 42 Sec. 20. Section 16.193, subsection 3, paragraph a, 43 Code 2011, as amended by 2011 Iowa Acts, Senate File 44 475, section 11, is amended to read as follows: 45 a. During the term of the Iowa jobs program and 46 Iowa jobs II program, the Iowa finance authority shall 47 collect data on all of the projects approved for the 48 program programs . The department of management and 49 the state agencies associated with the projects shall 50 -7- SF533.3142 (3) 84 tm/jp 7/ 20
assist the authority with the data collection and in 1 developing the report required by this subsection . The 2 authority shall report quarterly to the governor and 3 the general assembly concerning the data. 4 Sec. 21. Section 68A.401, subsection 4, Code 2011, 5 as amended by 2011 Iowa Acts, Senate File 475, section 6 17, is amended to read as follows: 7 4. Political committees expressly advocating the 8 nomination, election, or defeat of candidates for 9 both federal office and any elected office created 10 by law or the Constitution of the State of Iowa 11 shall file statements and reports with the board in 12 addition to any federal reports required to be filed 13 with the board. However, a political committee that 14 is registered and filing full disclosure reports of 15 all financial activities with the federal election 16 commission may file verified statements as provided in 17 section 68B.201A 68A.201A . 18 Sec. 22. Section 139A.19, subsection 3, as enacted 19 by 2011 Iowa Acts, House File 467, section 20, is 20 amended to read as follows: 21 3. This section does not preclude a hospital, 22 clinic, other health facility, or a health care 23 provider from providing notification to a care 24 provider under circumstances in which the hospital’s, 25 clinic’s, other health facility’s, or health care 26 provider’s policy provides for notification of the 27 hospital’s, clinics clinic’s , other health facility’s, 28 or health care provider’s own employees of exposure 29 to a contagious or infectious disease that is not 30 life-threatening if the notice does not reveal a 31 patient’s name, unless the patient consents. 32 Sec. 23. Section 175.3, subsection 1, paragraph a, 33 Code 2011, as amended by 2011 Iowa Acts, Senate File 34 429, section 1, is amended to read as follows: 35 a. The agricultural development authority is 36 established within the department of agriculture and 37 land stewardship. The agency authority is constituted 38 as a public instrumentality and agency of the state 39 exercising public and essential governmental functions. 40 Sec. 24. Section 207.22, subsection 3, paragraph b, 41 Code 2011, as amended by 2011 Iowa Acts, Senate File 42 475, section 47, is amended to read as follows: 43 b. Acquisition of coal refuse disposal sites and 44 all coal refuse thereon will serve the purposes of 45 Tit. IV of Pub. L. No. 95-87, Tit. IV, codified at 30 46 U.S.C. ch. 25, subch. IV, or that public ownership 47 is desirable to meet emergency situations and prevent 48 recurrences of the adverse effect of past coal mining 49 practices. 50 -8- SF533.3142 (3) 84 tm/jp 8/ 20
Sec. 25. Section 232.71D, subsection 3, paragraph 1 a, unnumbered paragraph 1, as enacted by 2011 Iowa 2 Acts, House File 562, section 3, is amended to read as 3 follows: 4 Unless any of the circumstances listed in paragraph 5 “b” are applicable, cases to which any of the following 6 circumstances apply shall not be placed on in the 7 central registry: 8 Sec. 26. Section 256.7, subsection 26, paragraph a, 9 subparagraph (1), as enacted by 2011 Iowa Acts, Senate 10 File 453, section 1, is amended to read as follows: 11 (1) The rules establishing high school graduation 12 requirements shall authorize a school district 13 or accredited nonpublic school to consider that 14 any student who satisfactorily completes a high 15 school-level unit of English or language arts, 16 mathematics, science, or social studies has 17 satisfactorily completed a unit of the high school 18 graduation requirements for that area as specified in 19 this lettered paragraph, and to shall authorize the 20 school district or accredited nonpublic school to issue 21 high school credit for the unit to the student. 22 Sec. 27. Section 327B.5, Code 2011, is amended to 23 read as follows: 24 327B.5 Penalty. 25 Any person violating the provisions of this chapter 26 shall, upon conviction, be subject to a scheduled 27 fine as provided in section 805.8A, subsection 13 , 28 paragraphs paragraph “f” and “g” . 29 Sec. 28. Section 422.11O, subsection 5, paragraph 30 a, subparagraph (2), if enacted by 2011 Iowa Acts, 31 Senate File 531, section 17, is amended to read as 32 follows: 33 (2) The E-15 plus gasoline promotion tax credit 34 pursuant to section 422.11Y. 35 Sec. 29. Section 422.11Y, subsection 1, paragraph 36 d, if enacted by 2011 Iowa Acts, Senate File 531, 37 section 35, is amended to read as follows: 38 d. “Tax credit” means the E-15 plus gasoline 39 promotion tax credit as provided in this section. 40 Sec. 30. Section 422.11Y, subsection 3, unnumbered 41 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 42 531, section 35, is amended to read as follows: 43 The taxes imposed under this division, less the 44 credits allowed under section 422.12, shall be reduced 45 by the amount of the E-15 plus gasoline promotion tax 46 credit for each tax year that the taxpayer is eligible 47 to claim a tax credit under this subsection. 48 Sec. 31. Section 422.11Y, subsection 6, paragraph 49 b, subparagraph (2), if enacted by 2011 Iowa Acts, 50 -9- SF533.3142 (3) 84 tm/jp 9/ 20
Senate File 531, section 35, is amended to read as 1 follows: 2 (2) The retail dealer may claim the ethanol 3 promotion tax credit as provided in paragraph “a” for 4 the same ethanol gallonage used to calculate and claim 5 the E-15 plus gasoline promotion tax credit. 6 Sec. 32. Section 423.4, subsection 9, unnumbered 7 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 8 531, section 59, is amended to read as follows: 9 A person who qualifies as a biodiesel producer as 10 provided in this subsection may apply to the director 11 for a refund of the amount of the sales or use tax 12 imposed and paid upon purchases made by the person. 13 Sec. 33. Section 483A.24A, Code 2011, as amended by 14 2011 Iowa Acts, Senate File 194, section 10, is amended 15 to read as follows: 16 483A.24A License refunds —— military service. 17 Notwithstanding any provision of this chapter to 18 the contrary, a service member deployed for military 19 service, both as defined in section 29A.1, subsection 20 3 , shall receive a refund of that portion of any 21 license fee paid by the service member representing the 22 service member’s period of military service. 23 Sec. 34. Section 501.101, subsection 01, as enacted 24 by 2011 Iowa Acts, House File 348, section 7, is 25 amended to read as follows: 26 01. “Alternative voting method” means a method of 27 voting other than a written ballot, including voting 28 by electronic, telephonic, internet, or other means 29 that reasonably allow allows members the opportunity 30 to vote. 31 Sec. 35. Section 501A.703, subsection 5, paragraph 32 d, Code 2011, as amended by 2011 Iowa Acts, House File 33 348, section 19, is amended to read as follows: 34 d. If the ballot of the member is received by 35 the cooperative on or before the date of the regular 36 members’ meeting or as otherwise prescribed for an 37 alternative , voting method, the ballot or alternative 38 voting method shall be accepted and counted as the vote 39 of the absent member. 40 Sec. 36. Section 511.8, subsection 22, paragraph i, 41 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, 42 Senate File 406, section 25, is amended to read as 43 follows: 44 Securities held in the legal reserve of a life 45 insurance company or association pledged as collateral 46 for financial instruments used in highly effective 47 hedging transactions as defined in the national 48 association of insurance commissioners’ Statement 49 statement of Statutory Accounting Principles No. 50 -10- SF533.3142 (3) 84 tm/jp 10/ 20
statutory accounting principles no. 86 shall continue 1 to be eligible for inclusion on in the legal reserve of 2 the life insurance company or association subject to 3 all of the following: 4 Sec. 37. Section 514J.109, subsection 3, paragraph 5 f, if enacted by 2011 Iowa Acts, House File 597, 6 section 9, is amended to read as follows: 7 f. The covered person or the covered person’s 8 authorized representative has provided all the 9 information and forms required by the commissioner that 10 are necessary to process an external review request 11 pursuant to this section. 12 Sec. 38. Section 521F.4, subsection 1, paragraph b, 13 as enacted by 2011 Iowa Acts, Senate File 406, section 14 44, is amended to read as follows: 15 b. The filing of a risk-based capital report by 16 a health organization which indicates that the health 17 organization has total adjusted capital which is 18 greater than or equal to its company-action-level 19 risk-based capital but less than the product of its 20 authorized-control-level risk-based capital and three 21 and triggers the trend test determined in accordance 22 with the trend test calculations calculation included 23 in the health risk-based capital instructions. 24 Sec. 39. Section 524.310, subsection 5, paragraph 25 b, Code 2011, as amended by 2011 Iowa Acts, Senate File 26 475, section 120, is amended to read as follows: 27 b. A corporate or company name reserved, 28 registered, or protected as provided in section 29 489.109, 490.402 , 490.403 , 490A.402 , 504.402 , or 30 504.403 . 31 Sec. 40. Section 717.3, subsection 5, paragraph b, 32 Code 2011, as enacted by 2011 Iowa Acts, Senate File 33 478, section 6, is amended to read as follows: 34 b. That the department shall assume supervision of 35 and provide for the sustenance of the livestock and as 36 provided in section 717.4. 37 Sec. 41. Section 717.4, subsection 2, as enacted by 38 2011 Iowa Acts, Senate File 478, section 7, is amended 39 to read as follows: 40 2. The court ordered lien shall be for the benefit 41 of the department. The amount of the lien shall not 42 be not more than for expenses incurred in providing 43 sustenance to the livestock pursuant to section 717.3 44 and providing for the disposition of the livestock 45 pursuant to section 717.5. 46 Sec. 42. Section 717.4A, as enacted by 2011 Iowa 47 Acts, Senate File 478, section 8, is amended to read 48 as follows: 49 717.4A Livestock in immediate need of sustenance —— 50 -11- SF533.3142 (3) 84 tm/jp 11/ 20
livestock remediation fund. 1 The department may utilize the moneys deposited 2 into the livestock remediation fund pursuant to 3 section 459.501 to pay for any expenses associated 4 with providing sustenance to or the disposition of the 5 livestock pursuant to a court order entered pursuant to 6 section 717.3 or 717.5. The department shall utilize 7 moneys from the fund only to the extent that the 8 department determines that expenses cannot be timely 9 paid by utilizing the available provisions of sections 10 717.4 and 717.5. The department shall deposit any 11 unexpended and unobligated moneys in the fund. The 12 department shall pay to the fund the proceeds from the 13 disposition of the livestock and associated products 14 less expenses incurred by the department in providing 15 for the sustenance and disposition of the livestock, as 16 provided in section 717.5. 17 Sec. 43. EFFECTIVE DATES. 18 1. The section of this division of this Act 19 amending section 422.11O, subsection 5, paragraph a, 20 subparagraph (2), if enacted by 2011 Iowa Acts, Senate 21 File 531, section 17, takes effect January 1, 2012. 22 2. Section 423.4, subsection 9, unnumbered 23 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 24 531, section 59, takes effect January 1, 2012. 25 Sec. 44. APPLICABILITY. 26 1. The section of this division of this Act 27 amending section 422.11O, subsection 5, paragraph a, 28 subparagraph (2), if enacted by 2011 Iowa Acts, Senate 29 File 531, section 17, applies to tax years beginning on 30 and after January 1, 2012. 31 2. The section of this division of this Act 32 amending section 422.11Y, subsection 1, paragraph d, if 33 enacted by 2011 Iowa Acts, Senate File 531, section 35, 34 applies to tax years beginning on and after January 1, 35 2012, and to that part of a retail dealer’s tax year or 36 tax years occurring during that portion of the calendar 37 year beginning on and after July 1, 2011, and ending 38 on December 31, 2011. 39 3. The section of this division of this Act 40 amending section 422.11Y, subsection 3, unnumbered 41 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 42 531, section 35, applies to tax years beginning on and 43 after January 1, 2012, and to that part of a retail 44 dealer’s tax year or tax years occurring during that 45 portion of the calendar year beginning on and after 46 July 1, 2011, and ending on December 31, 2011. 47 4. The section of this division of this Act 48 amending section 422.11Y, subsection 6, paragraph b, 49 subparagraph (2), if enacted by 2011 Iowa Acts, Senate 50 -12- SF533.3142 (3) 84 tm/jp 12/ 20
File 531, section 35, applies to tax years beginning on 1 and after January 1, 2012, and to that part of a retail 2 dealer’s tax year or tax years occurring during that 3 portion of the calendar year beginning on and after 4 July 1, 2011, and ending on December 31, 2011. 5 DIVISION V 6 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 7 Sec. 45. APPROPRIATION —— BATTLESHIP IOWA, BB-61. 8 1. There is appropriated from the general fund of 9 the state to the department of cultural affairs for the 10 fiscal year beginning July 1, 2010, and ending June 30, 11 2011, the following amount, or so much thereof as is 12 necessary, to be credited to the BB-61 fund created in 13 2010 Iowa Acts, chapter 1194: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 15 2. If the department of the navy, pursuant to a 16 process outlined in a notice published in the federal 17 register on May 24, 2010, volume 75, number 99, awards 18 possession or conditionally awards possession of the 19 battleship Iowa, BB-61, to a nonprofit group that is 20 eligible to receive the battleship, the department of 21 cultural affairs shall award a grant to the nonprofit 22 group in an amount equal to $3 million in addition to 23 any moneys awarded as a grant from the BB-61 fund. 24 3. Notwithstanding section 8.33, moneys 25 appropriated in this section that remain unencumbered 26 or unobligated at the close of the fiscal year shall 27 not revert but shall remain available for expenditure 28 for the purposes designated for succeeding fiscal 29 years. 30 Sec. 46. STATE AGENCY OFFICE SUPPLIES PURCHASE, 31 EQUIPMENT PURCHASES, PRINTING AND BINDING, AND 32 MARKETING —— APPLICABILITY. The limitation on 33 expenditures made for office supplies, purchases 34 of equipment, office equipment, and equipment 35 noninventory, printing and binding, and marketing 36 implemented pursuant to 2011 Iowa Acts, House File 45, 37 section 2, does not apply to a department or agency 38 receiving a supplemental appropriation for the fiscal 39 year beginning July 1, 2010, pursuant to 2011 Iowa 40 Acts, Senate File 209, division III. 41 Sec. 47. Section 321J.2, subsection 4, paragraph b, 42 Code 2011, is amended to read as follows: 43 b. Assessment of a minimum fine of one thousand 44 eight hundred fifty seventy-five dollars and a maximum 45 fine of six thousand two hundred fifty dollars. 46 Surcharges and fees shall be assessed pursuant to 47 chapter 911 . 48 Sec. 48. REPEAL. Chapter 327K, Code 2011, is 49 repealed. 50 -13- SF533.3142 (3) 84 tm/jp 13/ 20
Sec. 49. EFFECTIVE UPON ENACTMENT. The section 1 of this division of this Act appropriating moneys to 2 the department of cultural affairs for purposes of a 3 grant for the battleship Iowa, BB-61, being deemed of 4 immediate importance, takes effect upon enactment. 5 Sec. 50. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 6 APPLICABILITY. The provision of this division of this 7 Act relating to a limitation on state agency office 8 supplies purchase, equipment purchases, printing and 9 binding, and marketing as enacted by 2011 Iowa Acts, 10 House File 45, being deemed of immediate importance, 11 takes effect upon enactment and applies retroactively 12 to March 7, 2011. 13 DIVISION VI 14 GROW IOWA VALUES FUND AND PROGRAM 15 Sec. 51. Section 15.103, subsection 6, Code 2011, 16 is amended to read as follows: 17 6. As part of the organizational structure of the 18 department, the board shall establish a due diligence 19 committee and a loan and credit guarantee committee 20 composed of members of the board. The committees shall 21 serve in an advisory capacity to the board and shall 22 carry out any duties assigned by the board in relation 23 to programs administered by the department. The loan 24 and credit guarantee committee shall advise the board 25 on the winding up of loan guarantees made under the 26 loan and credit guarantee program established pursuant 27 to section 15E.224 , Code 2009 , and on the proper 28 amount of the allocation described in section 15G.111, 29 subsection 4 , paragraph “g” . 30 Sec. 52. Section 15.104, subsection 1, Code 2011, 31 is amended by striking the subsection. 32 Sec. 53. Section 15.104, subsection 8, paragraphs 33 b and i, Code 2011, are amended by striking the 34 paragraphs. 35 Sec. 54. Section 15.104, subsection 8, paragraph j, 36 Code 2011, is amended to read as follows: 37 j. Renewable fuel programs. A detailed accounting 38 of expenditures in support of renewable fuel 39 infrastructure programs, as provided in sections 40 15G.203 and 15G.204 . The renewable fuel infrastructure 41 board established in section 15G.202 shall approve that 42 portion of the department’s annual report regarding 43 projects supported from the grow Iowa values fund 44 created in section 15G.111 . This paragraph is repealed 45 on July 1, 2012. 46 Sec. 55. Section 15.327, Code 2011, is amended by 47 adding the following new subsections: 48 NEW SUBSECTION . 01. “Base employment level” means 49 the number of full-time equivalent positions at a 50 -14- SF533.3142 (3) 84 tm/jp 14/ 20
business, as established by the department and a 1 business using the business’s payroll records, as of 2 the date a business applies for financial assistance 3 under the program. 4 NEW SUBSECTION . 3A. “County wage” means the 5 average hourly compensation rates, excluding the value 6 of nonwage benefits for comparable jobs, from the most 7 recent four quarters of wage and employment information 8 from the quarterly covered wage and employment 9 data report issued by the department of workforce 10 development. 11 NEW SUBSECTION . 7A. “Full-time equivalent position” 12 means a non-part-time position for the number of hours 13 or days per week considered to be full-time work for 14 the kind of service or work performed for an employer. 15 Typically, a full-time equivalent position requires 16 two thousand eighty hours of work in a calendar year, 17 including all paid holidays, vacations, sick time, and 18 other paid leave. 19 NEW SUBSECTION . 7B. “Maintenance period” means the 20 period of time between the project completion date and 21 maintenance period completion date. 22 NEW SUBSECTION . 12A. “Regional wage” means the 23 average hourly compensation rates, excluding the value 24 of nonwage benefits for comparable jobs, from the most 25 recent four quarters of wage and employment information 26 from the quarterly covered wage and employment 27 data report issued by the department of workforce 28 development. 29 Sec. 56. Section 15.327, subsections 1, 4, 7, 8, 30 10, 12, and 13, Code 2011, are amended by striking 31 the subsections and inserting in lieu thereof the 32 following: 33 1. “Benefit” means nonwage compensation provided 34 to an employee. Benefits typically include medical 35 and dental insurance plans, pension, retirement, 36 and profit-sharing plans, child care services, 37 life insurance coverage, vision insurance coverage, 38 disability insurance coverage, and any other nonwage 39 compensation as determined by the board. 40 4. “Created job” means a new, permanent, full-time 41 equivalent position added to a business’s payroll in 42 excess of the business’s base employment level. 43 7. “Fiscal impact ratio” means a ratio calculated 44 by estimating the amount of taxes to be received from 45 a business by the state and dividing the estimate by 46 the estimated cost to the state of providing certain 47 financial incentives to the business, reflecting 48 a ten-year period of taxation and incentives and 49 expressed in terms of current dollars. For purposes 50 -15- SF533.3142 (3) 84 tm/jp 15/ 20
of the program, “fiscal impact ratio” does not include 1 taxes received by political subdivisions. 2 8. “Maintenance period completion date” means the 3 date on which the maintenance period ends. 4 10. “Project completion date” means the date by 5 which a recipient of financial assistance has agreed 6 to meet all the terms and obligations contained in an 7 agreement with the department as described in section 8 15.330. 9 12. “Qualifying wage threshold” means the county 10 wage or the regional wage, as calculated pursuant to 11 subsections 3A and 12A, whichever is lower. 12 13. “Retained job” means a full-time equivalent 13 position, in existence at the time an employer applies 14 for financial assistance which remains continuously 15 filled or authorized to be filled as soon as possible 16 and which is at risk of elimination if the project 17 for which the employer is seeking assistance does not 18 proceed. 19 Sec. 57. Section 15.329, subsection 2, Code 2011, 20 is amended to read as follows: 21 2. A business providing a sufficient package of 22 benefits to each employee holding a created or retained 23 job shall qualify for a credit against the qualifying 24 wage threshold requirements described in subsection 25 1 , paragraph “c” . The credit shall be calculated and 26 applied in the following manner : described in section 27 15G.112, subsection 4 , paragraph “b” . 28 a. By multiplying the qualifying wage threshold of 29 the county in which the business is located by one and 30 three-tenths. 31 b. By multiplying the result of paragraph “a” by 32 one-tenth. 33 c. The amount of the result of paragraph “b” shall 34 be credited against the amount of the one hundred 35 thirty percent qualifying wage threshold requirement 36 that the business is required to meet under subsection 37 1, paragraph “c” . 38 d. The credit shall not be applied against the 39 one hundred percent of qualifying wage threshold 40 requirement described in subsection 1, paragraph “c” . 41 Sec. 58. Section 15.330, subsection 4, Code 2011, 42 is amended to read as follows: 43 4. A project completion date, a maintenance period 44 completion date, the number of jobs to be created 45 or retained, or certain other terms and obligations 46 described in section 15G.112, subsection 1 , paragraph 47 “d” an agreement , as the department deems necessary in 48 order to make the requirements in project agreements 49 uniform. The department, with the approval of 50 -16- SF533.3142 (3) 84 tm/jp 16/ 20
the board, may adopt rules as necessary for making 1 such requirements uniform. Such rules shall be in 2 compliance with the provisions of this part and with 3 the provisions of chapter 15G . 4 Sec. 59. Section 15.335A, subsection 1, unnumbered 5 paragraph 1, Code 2011, is amended to read as follows: 6 Tax incentives are available to eligible businesses 7 as provided in this section . The incentives are based 8 upon the number of jobs created or retained that pay 9 at least one hundred thirty percent of the qualifying 10 wage threshold as computed pursuant to section 11 15G.112 15.329 , subsection 4 1 , and the amount of the 12 qualifying investment made according to the following 13 schedule: 14 Sec. 60. Section 15.335A, subsection 2, paragraphs 15 b, c, f, and g, Code 2011, are amended by striking the 16 paragraphs. 17 Sec. 61. Section 15.335A, subsection 5, Code 2011, 18 is amended to read as follows: 19 5. The department shall negotiate the amount of tax 20 incentives provided to an applicant under the program 21 in accordance with this section and section 15G.112 , as 22 applicable . 23 Sec. 62. Section 15A.7, subsection 3, Code 2011, is 24 amended to read as follows: 25 3. That the employer shall agree to pay wages for 26 the jobs for which the credit is taken of at least the 27 county wage or the regional wage, as calculated by the 28 department pursuant to section 15G.112, subsection 3 29 15.327, subsections 3A and 12A , whichever is lower. 30 Eligibility for the supplemental credit shall be based 31 on a one-time determination of starting wages by the 32 community college. 33 Sec. 63. Section 15E.193, subsection 1, paragraphs 34 b through d, Code 2011, are amended to read as follows: 35 b. (1) The business shall provide a sufficient 36 package of benefits to each employee holding a created 37 or retained job. For purposes of this paragraph, 38 “created job” and “retained job” have the same meaning 39 as defined in section 15G.101 15.327 . 40 (2) The board, upon the recommendation of the 41 department, shall adopt rules determining what 42 constitutes a sufficient package of benefits. 43 c. The business shall pay a wage that is at least 44 ninety percent of the qualifying wage threshold. For 45 purposes of this paragraph, “qualifying wage threshold” 46 has the same meaning as defined in section 15G.101 47 15.327 . 48 d. Creates or retains at least ten full-time 49 equivalent positions and maintains them until the 50 -17- SF533.3142 (3) 84 tm/jp 17/ 20
maintenance period completion date. For purposes of 1 this paragraph, “maintenance period completion date” and 2 “full-time equivalent position” have the same meanings 3 as defined in section 15G.101 15.327 . 4 Sec. 64. Section 15E.231, unnumbered paragraph 1, 5 Code 2011, is amended to read as follows: 6 In order for an An economic development region to 7 receive moneys under the grow Iowa values financial 8 assistance program established in section 15G.112 , 9 an shall establish a regional development plan. An 10 economic development region’s regional development 11 plan must be approved by the department. An economic 12 development region shall consist of not less than 13 three counties, unless two contiguous counties have a 14 combined population of at least three hundred thousand 15 based on the most recent federal decennial census. An 16 economic development region shall establish a focused 17 economic development effort that shall include a 18 regional development plan relating to one or more of 19 the following areas: 20 Sec. 65. Section 15E.232, subsections 1, 3, 4, 21 5, 6, and 7, Code 2011, are amended by striking the 22 subsections. 23 Sec. 66. Section 15E.351, subsection 1, Code 2011, 24 is amended to read as follows: 25 1. The department shall establish and administer 26 a business accelerator program to provide financial 27 assistance for the establishment and operation of a 28 business accelerator for technology-based, value-added 29 agricultural, information solutions, alternative 30 and renewable energy including the alternative and 31 renewable energy sectors listed in section 476.42, 32 subsection 1 , paragraph “a” , or advanced manufacturing 33 start-up businesses or for a satellite of an existing 34 business accelerator. The program shall be designed 35 to foster the accelerated growth of new and existing 36 businesses through the provision of technical 37 assistance. The department, subject to the approval of 38 the economic development board, may provide financial 39 assistance under this section from moneys allocated 40 for regional financial assistance pursuant to section 41 15G.111, subsection 9 . 42 Sec. 67. Section 159A.6B, subsection 2, Code 2011, 43 is amended to read as follows: 44 2. The office may execute contracts in order to 45 provide technical support and outreach services for 46 purposes of assisting and educating interested persons 47 as provided in this section . The office may also 48 contract with a consultant to provide part or all 49 of these services. The office may require that a 50 -18- SF533.3142 (3) 84 tm/jp 18/ 20
person receiving assistance pursuant to this section 1 contribute up to fifty percent of the amount required 2 to support the costs of contracting with the consultant 3 to provide assistance to the person. The office 4 shall assist the person in completing any technical 5 information required in order to receive assistance 6 by the department of economic development pursuant 7 to the value-added agriculture component of the grow 8 Iowa values financial assistance program established 9 pursuant to section 15G.112 . 10 Sec. 68. Section 455B.104, subsection 2, Code 2011, 11 is amended by striking the subsection. 12 Sec. 69. 2010 Iowa Acts, chapter 1184, section 26, 13 is amended to read as follows: 14 SEC. 26. GROW IOWA VALUES FUND. 15 1. There is appropriated from the rebuild Iowa 16 infrastructure fund to the department of economic 17 development for deposit in the grow Iowa values fund, 18 for the fiscal year beginning July 1, 2010, and ending 19 June 30, 2011, the following amount, notwithstanding 20 section 8.57, subsection 6, paragraph “c”: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 22 2. On the effective date of this section of this 23 2011 Iowa Act, any unobligated and unencumbered moneys 24 appropriated in this section and section 27 of this 25 2010 Iowa Act, shall revert to the general fund of the 26 state. Any repayments of moneys loaned from moneys 27 appropriated in this section and section 27 of this 28 2010 Iowa Act, and received after the effective date of 29 this 2011 Iowa Act, shall be credited to the general 30 fund of the state. 31 Sec. 70. 2010 Iowa Acts, chapter 1184, section 27, 32 is amended to read as follows: 33 SEC. 27. GROW IOWA VALUES FUND APPROPRIATION 34 REDUCTION. 35 1. In lieu of the $50,000,000 appropriated for the 36 fiscal year beginning July 1, 2010, and ending June 30, 37 2011, from the grow Iowa values fund to the department 38 of economic development pursuant to section 15G.111, 39 subsection 3, there is appropriated from the grow Iowa 40 values fund to the department of economic development 41 for the fiscal year beginning July 1, 2010, and ending 42 June 30, 2011, $38,000,000 for the purposes of making 43 expenditures pursuant to chapter 15G. 44 2. On the effective date of this section of this 45 2011 Iowa Act, an entity receiving moneys appropriated 46 pursuant to this section, with the exception of moneys 47 allocated pursuant to section 28, subsections 2 and 48 5, of this 2010 Iowa Act, shall cease obligating or 49 encumbering such moneys. 50 -19- SF533.3142 (3) 84 tm/jp 19/ 20
Sec. 71. REPEAL. Section 15E.233, Code 2011, is 1 repealed. 2 Sec. 72. REPEAL. Sections 15G.101 and 15G.109 3 through 15G.115, Code 2011, are repealed. 4 Sec. 73. REPEAL. Section 266.19, Code 2011, is 5 repealed. 6 Sec. 74. REPEAL. Section 455B.433, Code 2011, is 7 repealed. 8 Sec. 75. EFFECTIVE DATE. The provisions of this 9 division of this Act amending 2010 Iowa Acts, chapter 10 1184, being deemed of immediate importance, take effect 11 upon enactment. > 12 2. By renumbering as necessary. 13 ______________________________ COMMITTEE ON APPROPRIATIONS RAECKER of Polk, Chairperson -20- SF533.3142 (3) 84 tm/jp 20/ 20 #2.