Senate
amendment
to
House
File
2465
H-8513
Amend
House
File
2465,
as
amended,
passed,
and
1
reprinted
by
the
House,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
3
and
inserting:
4
<
DIVISION
I
5
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
6
Section
1.
2011
Iowa
Acts,
chapter
131,
section
42,
7
is
amended
to
read
as
follows:
8
SEC.
42.
LIMITATION
OF
STANDING
APPROPRIATIONS.
9
Notwithstanding
the
standing
appropriations
in
the
10
following
designated
sections
for
the
fiscal
year
11
beginning
July
1,
2012,
and
ending
June
30,
2013,
the
12
amounts
appropriated
from
the
general
fund
of
the
state
13
pursuant
to
these
sections
for
the
following
designated
14
purposes
shall
not
exceed
the
following
amounts:
15
1.
For
operational
support
grants
and
community
16
cultural
grants
under
section
99F.11,
subsection
3
,
17
paragraph
“d”,
subparagraph
(1):
18
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.
$
208,351
19
416,702
20
2.
For
regional
tourism
marketing
under
section
21
99F.11,
subsection
3
,
paragraph
“d”,
subparagraph
(2):
22
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.
$
405,153
23
810,306
24
3.
For
the
center
for
congenital
and
inherited
25
disorders
central
registry
under
section
144.13A,
26
subsection
4
,
paragraph
“a”:
27
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.
$
85,560
28
4.
For
primary
and
secondary
child
abuse
prevention
29
programs
under
section
144.13A,
subsection
4
,
paragraph
30
“a”:
31
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.
$
108,886
32
5.
For
programs
for
at-risk
children
under
section
33
279.51
:
34
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.
$
5,364,446
35
10,728,891
36
The
amount
of
any
reduction
in
this
subsection
shall
37
be
prorated
among
the
programs
specified
in
section
38
279.51,
subsection
1
,
paragraphs
“a”,
“b”,
and
“c”.
39
6.
For
payment
for
nonpublic
school
transportation
40
under
section
285.2
:
41
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.
$
7,060,931
42
If
total
approved
claims
for
reimbursement
for
43
nonpublic
school
pupil
transportation
exceed
the
amount
44
appropriated
in
accordance
with
this
subsection,
the
45
department
of
education
shall
prorate
the
amount
of
46
each
approved
claim.
47
7.
For
the
enforcement
of
chapter
453D
relating
to
48
tobacco
product
manufacturers
under
section
453D.8
:
49
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.
$
9,208
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#1.
18,416
1
DIVISION
II
2
MISCELLANEOUS
PROVISIONS
AND
APPROPRIATIONS
3
Sec.
2.
FEDERAL
CONSENT
DECREE
EXPENDITURES
——
4
REPORTING.
5
1.
The
office
of
the
attorney
general
is
authorized
6
to
make
expenditures
of
moneys
received
pursuant
to
7
the
joint
state
federal
mortgage
servicing
settlement
8
consent
decree
signed
in
federal
court
on
April
5,
9
2012.
Expenditures
shall
be
consistent
with
the
terms
10
of
the
consent
decree.
11
2.
The
office
of
the
attorney
general
shall
12
submit
a
report
to
the
general
assembly
detailing
the
13
expenditure
of
moneys
for
the
previous
calendar
year
14
and
how
the
expenditures
related
to
the
implementation,
15
monitoring,
or
enforcement
of
the
settlement
and
how
16
expenditures
in
the
current
and
succeeding
calendar
17
year
will
be
used
for
implementation,
monitoring,
or
18
enforcement
of
the
settlement.
The
initial
report
19
shall
be
submitted
on
or
before
January
15,
2013.
20
Sec.
3.
DEPARTMENT
OF
PUBLIC
HEALTH
——
IOWA
YOUTH
21
SUICIDE
PREVENTION
PROGRAM.
There
is
appropriated
22
from
the
general
fund
of
the
state
to
the
department
23
of
public
health
for
the
fiscal
year
beginning
July
1,
24
2012,
and
ending
June
30,
2013,
the
following
amount,
25
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
26
purposes
designated:
27
To
contract
for
a
program
to
develop
an
Iowa
youth
28
suicide
prevention
program:
29
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.
.
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.
.
.
.
$
137,000
30
1.
The
department
of
public
health
shall
issue
31
a
request
for
proposals
to
select
the
most
qualified
32
applicant
that
is
experienced
in
working
with
the
33
target
population
to
develop
and
administer
an
Iowa
34
youth
suicide
prevention
program
that
employs
a
program
35
coordinator
and
provides
for
all
of
the
following:
36
a.
Administrative
expenses,
including
but
not
37
limited
to
facilities,
communications,
and
professional
38
services
and
staff
development.
39
b.
School,
community,
and
health
care
training
for
40
specific
groups
identified
as
strategically
placed
to
41
enhance
protective
factors.
42
c.
Resources
and
outreach,
including
but
not
43
limited
to
site
visits
and
school
climate
surveys,
to
44
Iowa’s
high
schools.
45
d.
An
antibullying
internet
site;
internet-based
46
communications,
including
but
not
limited
to
texting
47
capabilities;
and
a
telephone
hotline.
48
e.
Program
evaluation
criteria
for
evaluation
of
49
the
performance
of
the
program
administered
by
the
50
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applicant
selected.
1
2.
The
department
shall
establish
a
request
2
for
proposals
process
which
shall
be
based
upon
3
specifications
established
under
a
suicide
prevention
4
plan
for
youth
who
are
targets
of
bullying,
which
was
5
developed
in
partnership
with
the
department
during
the
6
2011-2012
fiscal
year.
7
3.
The
department
shall
submit
to
the
general
8
assembly
a
progress
report
on
or
before
January
15,
9
2013,
providing
a
detailed
analysis
of
the
program,
its
10
budgetary
requirements,
and
the
department’s
findings
11
and
recommendations
for
continuation
of
the
program.
12
Sec.
4.
HOMESTEAD
CREDIT
FUND
——
APPROPRIATION.
13
1.
There
is
appropriated
from
the
taxpayers
trust
14
fund
created
in
section
8.57E
to
the
department
of
15
revenue
for
the
fiscal
year
beginning
July
1,
2012,
and
16
ending
June
30,
2013,
the
following
amount,
or
so
much
17
thereof
as
is
necessary,
to
be
used
for
the
purposes
18
designated:
19
For
deposit
in
the
homestead
credit
fund
created
in
20
section
425.1:
21
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.
$
48,811,613
22
2.
The
appropriation
made
in
this
section
is
in
23
lieu
of
an
equal
amount
of
the
appropriation
made
24
from
the
general
fund
of
the
state
for
the
fiscal
25
year
beginning
July
1,
2012,
and
ending
June
30,
26
2013,
pursuant
to
section
425.1,
and
shall
be
used
for
27
reimbursement
for
the
homestead
property
tax.
28
Sec.
5.
AGRICULTURAL
LAND
CREDIT
FUND
——
29
APPROPRIATION.
30
1.
There
is
appropriated
from
the
taxpayers
trust
31
fund
created
in
section
8.57E
to
the
department
of
32
revenue
for
the
fiscal
year
beginning
July
1,
2012,
and
33
ending
June
30,
2013,
the
following
amount,
or
so
much
34
thereof
as
is
necessary,
to
be
used
for
the
purposes
35
designated:
36
For
deposit
in
the
agricultural
land
credit
fund
37
created
in
section
426.1:
38
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.
.
.
.
.
.
$
6,704,869
39
2.
The
appropriation
made
in
this
section
is
in
40
lieu
of
an
equal
amount
of
the
appropriation
made
41
from
the
general
fund
of
the
state
for
the
fiscal
42
year
beginning
July
1,
2012,
and
ending
June
30,
43
2013,
pursuant
to
section
426.1,
and
shall
be
used
for
44
reimbursement
for
the
family
farm
and
agricultural
land
45
tax
credits
under
sections
425A.1
and
426.1.
46
Sec.
6.
PLUMBERS
——
LICENSE
EXTENSIONS.
Until
47
January
1,
2013,
the
plumbing
and
mechanical
systems
48
board
shall
grant
a
one-time
renewal
of
an
expired
49
license
if
the
person
holding
the
expired
license
50
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demonstrates
successful
passage
of
a
municipal
or
block
1
examination.
For
any
licensee
receiving
a
renewal
2
under
this
section,
the
board
shall
clearly
state
in
3
any
correspondence
for
succeeding
license
renewals
that
4
the
provisions
of
Code
section
105.20
shall
apply.
5
Sec.
7.
KEEP
IOWA
BEAUTIFUL
FUND
——
6
APPROPRIATION.
There
is
appropriated
from
the
general
7
fund
of
the
state
to
the
department
of
transportation
8
each
fiscal
year
for
the
fiscal
years
beginning
July
9
1,
2012,
July
1,
2013,
and
July
1,
2014,
an
amount
10
equal
to
the
excess
revenues
transferred
from
the
11
lottery
fund
to
the
general
fund
after
the
first
12
$64,900,000
is
transferred
during
a
fiscal
year.
The
13
amount
appropriated
in
a
fiscal
year
shall
not
exceed
14
$1,000,000.
Moneys
appropriated
pursuant
to
this
15
section
shall
be
deposited
in
the
keep
Iowa
beautiful
16
fund
created
in
section
314.28.
17
Sec.
8.
2007
Iowa
Acts,
chapter
219,
section
2,
18
subsection
2,
paragraph
a,
as
enacted
by
2011
Iowa
19
Acts,
chapter
133,
section
32,
is
amended
to
read
as
20
follows:
21
a.
Notwithstanding
section
8.33
,
moneys
22
appropriated
in
section
1,
subsection
1,
paragraphs
23
“a”
and
“f”
of
this
division
of
this
Act
that
remain
24
unencumbered
or
unobligated
at
the
close
of
the
fiscal
25
year
for
which
they
were
appropriated
shall
not
revert
26
but
shall
remain
available
for
the
purposes
designated
27
until
the
close
of
the
fiscal
year
that
begins
July
28
1,
2011
2012
,
or
until
the
project
for
which
the
29
appropriation
was
made
is
completed,
whichever
is
30
earlier.
31
Sec.
9.
2010
Iowa
Acts,
chapter
1193,
section
29,
32
subsection
2,
as
enacted
by
2011
Iowa
Acts,
chapter
33
127,
section
54,
is
amended
to
read
as
follows:
34
2.
Notwithstanding
section
8.33
,
moneys
35
appropriated
in
this
section
that
remain
unencumbered
36
or
unobligated
at
the
close
of
the
fiscal
year
ending
37
June
30,
2011,
shall
not
revert
but
shall
remain
38
available
for
expenditure
for
the
purposes
designated
39
until
the
close
of
the
fiscal
year
ending
June
30,
2012
40
2013
.
41
Sec.
10.
2011
Iowa
Acts,
chapter
127,
section
72,
42
subsection
4,
paragraph
b,
unnumbered
paragraph
1,
as
43
amended
by
2012
Iowa
Acts,
Senate
File
2313,
section
44
13,
if
enacted,
is
amended
to
read
as
follows:
45
The
department
shall,
in
coordination
with
the
health
46
facilities
division,
make
the
following
information
47
available
to
the
public
by
December
31,
2012,
as
part
48
of
the
department’s
development
efforts
to
revise
the
49
department’s
internet
website:
50
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Sec.
11.
2012
Iowa
Acts,
House
File
675,
section
1
28,
subsection
2,
is
amended
to
read
as
follows:
2
2.
The
notice
provisions
contained
in
this
Act
3
relating
to
residential
construction
apply
only
4
to
material
furnished
or
labor
performed
after
the
5
effective
date
of
this
Act.
6
Sec.
12.
2012
Iowa
Acts,
Senate
File
2289,
as
7
enacted,
is
amended
by
adding
the
following
new
8
section:
9
Sec.
13.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
10
deemed
of
immediate
importance,
takes
effect
upon
11
enactment.
12
Sec.
14.
Section
16.27,
subsections
4
and
5,
Code
13
2011,
are
amended
by
striking
the
subsections.
14
Sec.
15.
Section
16.27,
subsection
6,
Code
2011,
is
15
amended
to
read
as
follows:
16
6.
The
authority
shall
cause
to
be
delivered
to
17
the
legislative
fiscal
committee
within
ninety
days
18
of
the
close
of
its
fiscal
year
its
annual
report
19
certified
by
an
independent
certified
public
accountant
20
(who
may
be
the
accountant
or
a
member
of
the
firm
of
21
accountants
who
regularly
audits
the
books
and
accounts
22
of
the
authority)
selected
by
the
authority.
In
the
23
event
that
the
principal
amount
of
any
bonds
or
notes
24
deposited
in
a
bond
reserve
fund
is
withdrawn
for
25
payment
of
principal
or
interest
thereby
reducing
the
26
amount
of
that
fund
to
less
than
the
bond
reserve
fund
27
requirement,
the
authority
shall
immediately
notify
the
28
general
assembly
of
this
event
and
shall
thereafter
29
take
steps
to
restore
such
bond
reserve
to
the
bond
30
reserve
fund
requirement
for
that
fund
from
any
amounts
31
available,
other
than
principal
of
a
bond
issue,
which
32
are
not
pledged
to
the
payment
of
other
bonds
or
notes.
33
Sec.
16.
NEW
SECTION
.
17A.6A
Rulemaking
internet
34
site.
35
1.
Subject
to
the
direction
of
the
administrative
36
rules
coordinator,
each
agency
shall
make
available
to
37
the
public
a
uniform,
searchable,
and
user-friendly
38
rules
database,
published
on
an
internet
site.
39
2.
An
agency’s
rulemaking
internet
site
shall
also
40
make
available
to
the
public
all
of
the
following:
41
a.
A
brief
summary
of
the
rulemaking
process,
42
including
a
description
of
any
opportunity
for
public
43
participation
in
the
process.
44
b.
Process
forms
for
filing
comments
or
complaints
45
concerning
proposed
or
adopted
rules.
46
c.
Process
forms
and
instructions
for
filing
a
47
petition
for
rulemaking,
a
petition
for
a
declaratory
48
order,
or
a
request
for
a
waiver
of
an
administrative
49
rule.
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d.
Any
other
material
prescribed
by
the
1
administrative
rules
coordinator.
2
3.
To
the
extent
practicable,
the
administrative
3
rules
coordinator
shall
create
a
uniform
format
for
4
rulemaking
internet
sites.
5
Sec.
17.
Section
17A.7,
subsection
2,
Code
2011,
6
is
amended
by
striking
the
subsection
and
inserting
in
7
lieu
thereof
the
following:
8
2.
Beginning
July
1,
2012,
over
each
five-year
9
period
of
time,
an
agency
shall
conduct
an
ongoing
10
and
comprehensive
review
of
all
of
the
agency’s
11
rules.
The
goal
of
the
review
is
the
identification
12
and
elimination
of
all
rules
of
the
agency
that
are
13
outdated,
redundant,
or
inconsistent
or
incompatible
14
with
statute
or
its
own
rules
or
those
of
other
15
agencies.
An
agency
shall
commence
its
review
by
16
developing
a
plan
of
review
in
consultation
with
major
17
stakeholders
and
constituent
groups.
When
the
agency
18
completes
its
five-year
review
of
its
rules,
the
19
agency
shall
provide
a
summary
of
the
results
to
the
20
administrative
rules
coordinator
and
the
administrative
21
rules
review
committee.
22
Sec.
18.
Section
17A.8,
subsection
4,
Code
2011,
is
23
amended
to
read
as
follows:
24
4.
a.
The
committee
shall
choose
a
chairperson
25
from
its
membership
and
prescribe
its
rules
of
26
procedure.
The
committee
may
employ
a
secretary
or
may
27
appoint
the
administrative
code
editor
or
a
designee
28
to
act
as
secretary.
29
b.
The
chairperson
of
the
committee
shall
be
30
chosen
as
provided
in
this
paragraph.
For
the
term
31
commencing
with
the
convening
of
the
first
regular
32
session
of
each
general
assembly
and
ending
upon
33
the
convening
of
the
second
regular
session
of
that
34
general
assembly,
the
chairperson
shall
be
chosen
by
35
the
committee
from
its
members
who
are
members
of
the
36
house
of
representatives.
For
the
term
commencing
with
37
the
convening
of
the
second
regular
session
of
each
38
general
assembly
and
ending
upon
the
convening
of
the
39
first
regular
session
of
the
next
general
assembly,
40
the
chairperson
shall
be
chosen
by
the
committee
from
41
its
members
who
are
members
of
the
senate.
A
vacancy
42
shall
be
filled
in
the
same
manner
as
the
original
43
appointment
and
shall
be
for
the
remainder
of
the
44
unexpired
term
of
the
vacancy.
45
Sec.
19.
Section
97A.6,
subsection
7,
paragraph
46
a,
subparagraph
(1),
Code
2011,
is
amended
to
read
as
47
follows:
48
(1)
Should
any
beneficiary
for
either
ordinary
49
or
accidental
disability,
except
a
beneficiary
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who
is
fifty-five
years
of
age
or
over
and
would
1
have
completed
twenty-two
years
of
service
if
the
2
beneficiary
had
remained
in
active
service,
be
engaged
3
in
a
gainful
occupation
paying
more
than
the
difference
4
between
the
member’s
net
retirement
allowance
and
5
one
two
and
one-half
times
the
current
earnable
6
compensation
of
an
active
member
at
the
same
position
7
on
the
salary
scale
within
the
member’s
rank
as
the
8
member
held
at
retirement,
then
the
amount
of
the
9
retirement
allowance
shall
be
reduced
to
an
amount
10
such
that
the
member’s
net
retirement
allowance
plus
11
the
amount
earned
by
the
member
shall
equal
one
two
12
and
one-half
times
the
amount
of
the
current
earnable
13
compensation
of
an
active
member
at
the
same
position
14
on
the
salary
scale
within
the
member’s
rank
as
the
15
member
held
at
retirement.
Should
the
member’s
earning
16
capacity
be
later
changed,
the
amount
of
the
retirement
17
allowance
may
be
further
modified,
provided
that
the
18
new
retirement
allowance
shall
not
exceed
the
amount
of
19
the
retirement
allowance
originally
granted
adjusted
by
20
annual
readjustments
of
pensions
pursuant
to
subsection
21
14
of
this
section
nor
an
amount
which
would
cause
the
22
member’s
net
retirement
allowance,
when
added
to
the
23
amount
earned
by
the
beneficiary,
to
equal
one
two
24
and
one-half
times
the
amount
of
the
current
earnable
25
compensation
of
an
active
member
at
the
same
position
26
on
the
salary
scale
within
the
member’s
rank
as
the
27
member
held
at
retirement.
A
beneficiary
restored
28
to
active
service
at
a
salary
less
than
the
average
29
final
compensation
upon
the
basis
of
which
the
member
30
was
retired
at
age
fifty-five
or
greater,
shall
not
31
again
become
a
member
of
the
retirement
system
and
32
shall
have
the
member’s
retirement
allowance
suspended
33
while
in
active
service.
If
the
rank
or
position
34
held
by
the
retired
member
is
subsequently
abolished,
35
adjustments
to
the
allowable
limit
on
the
amount
of
36
income
which
can
be
earned
in
a
gainful
occupation
37
shall
be
computed
in
the
same
manner
as
provided
in
38
subsection
14
,
paragraph
“c”
,
of
this
section
for
39
readjustment
of
pensions
when
a
rank
or
position
has
40
been
abolished.
If
the
salary
scale
associated
with
a
41
member’s
rank
at
retirement
is
changed
after
the
member
42
retires,
earnable
compensation
for
purposes
of
this
43
section
shall
be
based
upon
the
salary
an
active
member
44
currently
would
receive
at
the
same
rank
and
with
45
seniority
equal
to
that
of
the
retired
member
at
the
46
time
of
retirement.
For
purposes
of
this
paragraph,
47
“net
retirement
allowance”
means
the
amount
determined
48
by
subtracting
the
amount
paid
during
the
previous
49
calendar
year
by
the
beneficiary
for
health
insurance
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or
similar
health
care
coverage
for
the
beneficiary
1
and
the
beneficiary’s
dependents
from
the
amount
of
2
the
member’s
retirement
allowance
paid
for
that
year
3
pursuant
to
this
chapter
.
The
beneficiary
shall
submit
4
sufficient
documentation
to
the
board
of
trustees
5
to
permit
the
system
to
determine
the
member’s
net
6
retirement
allowance
for
the
applicable
year.
7
Sec.
20.
Section
97B.52A,
subsection
1,
paragraph
8
c,
subparagraph
(2),
subparagraph
division
(b),
Code
9
2011,
is
amended
to
read
as
follows:
10
(b)
For
a
member
whose
first
month
of
entitlement
11
is
July
2004
or
later,
but
before
July
2012
2014
,
12
covered
employment
does
not
include
employment
as
a
13
licensed
health
care
professional
by
a
public
hospital
14
as
defined
in
section
249J.3
,
with
the
exception
of
15
public
hospitals
governed
pursuant
to
chapter
226
.
16
Sec.
21.
Section
123.49,
subsection
2,
paragraph
d,
17
Code
Supplement
2011,
is
amended
to
read
as
follows:
18
d.
(1)
Keep
on
premises
covered
by
a
liquor
19
control
license
any
alcoholic
liquor
in
any
container
20
except
the
original
package
purchased
from
the
21
division,
and
except
mixed
drinks
or
cocktails
mixed
on
22
the
premises
for
immediate
consumption
on
the
licensed
23
premises
or
as
otherwise
provided
by
this
paragraph
24
“d”
.
This
prohibition
does
not
apply
to
common
25
carriers
holding
a
class
“D”
liquor
control
license.
26
(2)
Mixed
drinks
or
cocktails
mixed
on
the
premises
27
that
are
not
for
immediate
consumption
may
be
consumed
28
on
the
licensed
premises
subject
to
the
requirements
29
of
this
subparagraph
pursuant
to
rules
adopted
by
the
30
division.
The
rules
shall
provide
that
the
mixed
31
drinks
or
cocktails
be
stored,
for
no
longer
than
32
seventy-two
hours,
in
a
labeled
container
in
a
quantity
33
that
does
not
exceed
three
gallons.
The
rules
shall
34
also
provide
that
added
flavors
and
other
nonbeverage
35
ingredients
included
in
the
mixed
drinks
or
cocktails
36
shall
not
include
hallucinogenic
substances
or
added
37
caffeine
or
other
added
stimulants
including
but
not
38
limited
to
guarana,
ginseng,
and
taurine.
In
addition,
39
the
rules
shall
require
that
the
licensee
keep
records
40
as
to
when
the
contents
in
a
particular
container
were
41
mixed
and
the
recipe
used
for
that
mixture.
42
Sec.
22.
Section
256C.4,
subsection
1,
Code
2011,
43
is
amended
by
adding
the
following
new
paragraphs:
44
NEW
PARAGRAPH
.
g.
For
the
fiscal
year
beginning
45
July
1,
2011,
and
each
succeeding
fiscal
year,
of
the
46
amount
of
preschool
foundation
aid
received
by
a
school
47
district
for
a
fiscal
year
in
accordance
with
section
48
257.16,
not
more
than
five
percent
may
be
used
by
49
the
school
district
for
administering
the
district’s
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approved
local
program.
1
NEW
PARAGRAPH
.
h.
For
the
fiscal
year
beginning
2
July
1,
2012,
and
each
succeeding
fiscal
year,
of
3
the
amount
of
preschool
foundation
aid
received
by
a
4
school
district
for
a
fiscal
year
in
accordance
with
5
section
257.16,
not
less
than
ninety-five
percent
6
of
the
per
pupil
amount
shall
be
passed
through
to
7
a
community-based
provider
for
each
pupil
enrolled
8
in
the
district’s
approved
local
program.
For
the
9
fiscal
year
beginning
July
1,
2011,
and
each
succeeding
10
fiscal
year,
not
more
than
five
percent
of
the
11
amount
of
preschool
foundation
aid
passed
through
12
to
a
community-based
provider
may
be
used
by
the
13
community-based
provider
for
administrative
costs.
14
Sec.
23.
NEW
SECTION
.
256G.5
Continued
operation
15
and
maintenance.
16
The
board
of
regents
and
the
university
of
northern
17
Iowa
shall
operate,
maintain,
staff,
and
fund
the
18
research
and
development
school
known
as
the
Malcolm
19
Price
laboratory
school
located
on
the
campus
of
the
20
university
of
northern
Iowa
in
accordance
with
this
21
chapter
through
July
1,
2013,
unless
otherwise
extended
22
by
statute.
23
Sec.
24.
Section
257.35,
subsection
7,
Code
24
Supplement
2011,
is
amended
to
read
as
follows:
25
7.
Notwithstanding
subsection
1,
and
in
addition
26
to
the
reduction
applicable
pursuant
to
subsection
27
2,
the
state
aid
for
area
education
agencies
and
the
28
portion
of
the
combined
district
cost
calculated
for
29
these
agencies
for
the
fiscal
year
beginning
July
1,
30
2012,
and
ending
June
30,
2013,
shall
be
reduced
by
31
the
department
of
management
by
ten
fifteen
million
32
dollars.
The
reduction
for
each
area
education
agency
33
shall
be
prorated
based
on
the
reduction
that
the
34
agency
received
in
the
fiscal
year
beginning
July
1,
35
2003.
36
Sec.
25.
Section
261.93,
Code
2011,
is
amended
to
37
read
as
follows:
38
261.93
Program
established
——
who
qualified.
39
1.
An
Iowa
grant
program
is
established.
40
2.
a.
A
grant
may
be
awarded
to
a
resident
of
41
Iowa
who
is
admitted
and
in
attendance
as
a
full-time
42
or
part-time
resident
student
at
an
accredited
higher
43
education
institution
and
who
establishes
financial
44
need.
45
b.
Top
priority
in
awarding
program
grants
shall
46
be
given
to
a
qualified
student
who
is
a
resident
of
47
Iowa;
is
under
the
age
of
twenty-six,
or
the
age
of
48
thirty
if
the
student
is
a
veteran
who
is
eligible
for
49
benefits,
or
has
exhausted
the
benefits,
under
the
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federal
Post-9/11
Veterans
Educational
Assistance
Act
1
of
2008;
is
not
a
convicted
felon
as
defined
in
section
2
910.15;
and
who
meets
any
of
the
following
criteria:
3
(1)
Is
the
child
of
a
peace
officer,
as
defined
4
in
section
97A.1,
who
is
totally
and
permanently
5
disabled
and
who
receives
benefits
under
section
6
97A.6,
subsection
5,
or
was
killed
in
the
line
of
duty
7
as
determined
by
the
board
of
trustees
of
the
Iowa
8
department
of
public
safety
peace
officers’
retirement,
9
accident,
and
disability
system
in
accordance
with
10
section
97A.6,
subsection
16.
11
(2)
Is
the
child
of
a
police
officer
or
a
fire
12
fighter,
as
defined
in
section
411.1,
who
is
totally
13
and
permanently
disabled
and
who
receives
benefits
14
under
section
411.6,
subsection
5,
or
was
killed
in
the
15
line
of
duty
as
determined
by
the
statewide
fire
and
16
police
retirement
system
in
accordance
with
section
17
411.6,
subsection
15.
18
(3)
Is
the
child
of
a
sheriff
or
deputy
sheriff
19
as
defined
in
section
97B.49C,
who
is
totally
and
20
permanently
disabled
and
who
receives
an
in-service
21
disability
retirement
allowance
under
section
97B.50A,
22
subsection
2,
or
was
killed
in
the
line
of
duty
as
23
determined
by
the
Iowa
public
employees’
retirement
24
system
in
accordance
with
section
97B.52,
subsection
2.
25
3.
Grants
awarded
shall
be
distributed
to
the
26
appropriate
accredited
higher
education
institution
for
27
payment
of
educational
expenses,
including
tuition,
28
room,
board,
and
mandatory
fees,
with
any
balance
to
29
be
distributed
to
the
student
for
whom
the
grant
is
30
awarded.
31
Sec.
26.
Section
261.93A,
Code
2011,
is
amended
to
32
read
as
follows:
33
261.93A
Appropriation
——
percentages.
34
1.
Of
the
funds
appropriated
to
the
college
student
35
aid
commission
to
be
allocated
for
the
Iowa
grant
36
program
for
each
fiscal
year,
thirty-seven
moneys
shall
37
be
distributed
for
grants
awarded
to
qualified
students
38
who
meet
the
criteria
established
pursuant
to
section
39
261.93,
subsection
2,
and
the
funds
remaining
shall
be
40
distributed
as
follows:
41
a.
Thirty-seven
and
six-tenths
percent
shall
be
42
reserved
for
students
attending
regents
institutions
,
43
twenty-five
.
44
b.
Twenty-five
and
nine-tenths
percent
shall
be
45
reserved
for
students
attending
community
colleges
,
and
46
thirty-six
.
47
c.
Thirty-six
and
five-tenths
percent
shall
be
48
reserved
for
students
attending
private
colleges
and
49
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2.
Funds
appropriated
for
the
Iowa
grant
program
1
shall
be
used
to
supplement,
not
supplant,
funds
2
appropriated
for
other
existing
programs
at
the
3
eligible
institutions.
4
Sec.
27.
Section
261.95,
subsection
1,
Code
2011,
5
is
amended
to
read
as
follows:
6
1.
The
amount
of
a
grant
to
a
qualified
full-time
7
student
for
an
academic
year
shall
be
the
as
follows:
8
a.
For
a
student
who
qualifies
under
section
9
261.93,
subsection
2,
paragraph
“a”
,
the
lesser
of
the
10
student’s
financial
need
for
that
period
or
up
to
one
11
thousand
dollars.
12
b.
For
a
student
who
qualifies
under
section
13
261.93,
subsection
2,
paragraph
“b”
,
the
lesser
of
14
the
student’s
financial
need
for
that
period
or
not
15
more
than
the
resident
tuition
rate
established
for
16
institutions
of
higher
learning
under
the
control
of
17
the
state
board
of
regents.
18
Sec.
28.
Section
321.20B,
subsection
6,
Code
2011,
19
is
amended
to
read
as
follows:
20
6.
This
section
does
not
apply
to
a
snowmobile
or
21
all-terrain
vehicle
or
to
a
motor
vehicle
identified
in
22
section
321.18,
subsections
1
through
6,
and
subsection
23
1,
2,
3,
4,
5,
6,
or
8
.
24
Sec.
29.
NEW
SECTION
.
327F.21
Railroad
worker
25
walkways.
26
The
state
department
of
transportation
shall
adopt
27
rules
requiring
the
provision
of
safe
walkways
for
28
railroad
workers
in
areas
where
work
is
regularly
29
performed
on
the
ground.
30
Sec.
30.
Section
403.19,
subsection
2,
paragraph
b,
31
subparagraph
(2),
subparagraph
division
(a),
if
enacted
32
by
2012
Iowa
Acts,
House
File
2460,
is
amended
to
read
33
as
follows:
34
(a)
All
or
a
portion
of
the
taxes
for
the
35
instructional
support
program
levy
of
a
school
36
district
shall
be
paid
by
the
school
district
to
the
37
municipality
if
the
auditor,
pursuant
to
subsection
11
,
38
certifies
to
the
school
district
by
July
1
the
amount
39
of
such
levy
that
is
necessary
to
pay
the
principal
and
40
interest
on
bonds
issued
or
other
indebtedness
incurred
41
by
the
municipality
to
finance
an
urban
renewal
project
42
if
such
bonds
or
indebtedness
were
issued
or
incurred
43
on
or
before
April
24,
2012.
Indebtedness
incurred
44
after
April
24,
2012,
to
refund
bonds
issued
or
other
45
indebtedness
incurred
on
or
before
April
24,
2012,
may
46
be
included
in
the
certification.
Such
school
district
47
shall
pay
over
the
amount
certified
by
November
1
and
48
May
1
of
the
fiscal
year
following
certification
to
the
49
school
district.
The
authority
of
a
municipality
to
50
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pay
the
amounts
of
principal
and
interest
on
such
bonds
1
issued
or
other
indebtedness
incurred
on
or
before
2
April
24,
2012,
from
sources
other
than
the
portion
of
3
taxes
described
in
subsection
2,
paragraph
“a”
,
shall
4
not
exclude
such
amounts
of
principal
and
interest
from
5
being
deemed
necessary
for
payment
from
the
portion
of
6
taxes
described
in
subsection
2,
paragraph
“a”
.
7
Sec.
31.
Section
418.4,
subsection
3,
paragraph
b,
8
as
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
9
5,
is
amended
to
read
as
follows:
10
b.
For
projects
proposing
to
use
sales
tax
11
increment
revenues
or
approved
by
the
board
to
use
12
sales
tax
increment
revenues,
the
project,
or
an
13
earlier
phase
of
the
project,
has
been
approved
to
14
receive
financial
assistance
in
an
amount
equal
to
15
at
least
twenty
percent
of
the
total
project
cost
or
16
thirty
million
dollars,
whichever
is
less,
under
a
17
financial
assistance
program
administered
by
the
United
18
States
environmental
protection
agency,
the
federal
19
Water
Resources
Development
Act
,
the
federal
Clean
20
Water
Act
as
defined
in
section
455B.291,
or
other
21
federal
program
providing
assistance
specifically
for
22
hazard
mitigation.
23
Sec.
32.
Section
422.11D,
subsection
2,
Code
2011,
24
is
amended
to
read
as
follows:
25
2.
An
individual
may
claim
a
historic
preservation
26
and
cultural
and
entertainment
district
tax
credit
27
allowed
a
partnership,
limited
liability
company,
S
28
corporation,
estate,
or
trust
electing
to
have
the
29
income
taxed
directly
to
the
individual.
The
amount
30
claimed
by
the
individual
shall
be
based
upon
the
31
pro
rata
share
of
the
individual’s
earnings
of
a
32
partnership,
limited
liability
company,
S
corporation,
33
estate,
or
trust
except
when
low-income
housing
tax
34
credits
authorized
under
section
42
of
the
Internal
35
Revenue
Code
are
used
to
assist
in
the
financing
36
of
the
housing
development
in
which
case
the
amount
37
claimed
by
a
partner
if
the
business
is
a
partnership,
38
a
shareholder
if
the
business
is
an
S
corporation,
39
or
a
member
if
the
business
is
a
limited
liability
40
company
shall
be
based
on
the
amounts
designated
by
41
the
eligible
partnership,
S
corporation,
or
limited
42
liability
company.
For
tax
credits
reserved
for
a
43
fiscal
year
beginning
on
or
after
July
1,
2012,
the
44
amount
claimed
by
a
partner
if
the
business
is
a
45
partnership,
a
shareholder
if
the
business
is
an
S
46
corporation,
or
a
member
if
the
business
is
a
limited
47
liability
company
shall
be
based
on
the
amounts
48
designated
by
the
eligible
partnership,
S
corporation,
49
or
limited
liability
company.
50
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Sec.
33.
Section
507.14,
subsection
4,
Code
2011,
1
is
amended
to
read
as
follows:
2
4.
Confidential
documents,
materials,
information,
3
administrative
or
judicial
orders,
or
other
actions
may
4
be
disclosed
to
a
regulatory
official
of
any
state,
5
federal
agency,
or
foreign
country
provided
that
the
6
recipients
are
required,
under
their
law,
to
maintain
7
their
confidentiality.
Confidential
records
may
be
8
disclosed
to
the
national
association
of
insurance
9
commissioners
,
the
international
association
of
10
insurance
supervisors,
and
the
bank
for
international
11
settlements
provided
that
the
association
certifies
12
associations
and
bank
certify
by
written
statement
that
13
the
confidentiality
of
the
records
will
be
maintained.
14
Sec.
34.
NEW
SECTION
.
514C.29
Services
provided
by
15
a
doctor
of
chiropractic.
16
1.
Notwithstanding
the
uniformity
of
treatment
17
requirements
of
section
514C.6,
a
policy,
contract,
or
18
plan
providing
for
third-party
payment
or
prepayment
of
19
health
or
medical
expenses
shall
not
impose
a
copayment
20
or
coinsurance
amount
on
an
insured
for
services
21
provided
by
a
doctor
of
chiropractic
licensed
pursuant
22
to
chapter
151
that
is
greater
than
the
copayment
23
or
coinsurance
amount
imposed
on
the
insured
for
24
services
provided
by
a
person
engaged
in
the
practice
25
of
medicine
and
surgery
or
osteopathic
medicine
and
26
surgery
under
chapter
148
for
the
same
or
a
similar
27
diagnosed
condition
even
if
a
different
nomenclature
is
28
used
to
describe
the
condition
for
which
the
services
29
are
provided.
30
2.
This
section
applies
to
the
following
classes
31
of
third-party
payment
provider
policies,
contracts,
32
or
plans
delivered,
issued
for
delivery,
continued,
or
33
renewed
in
this
state
on
or
after
July
1,
2012:
34
a.
Individual
or
group
accident
and
sickness
35
insurance
providing
coverage
on
an
expense-incurred
36
basis.
37
b.
An
individual
or
group
hospital
or
medical
38
service
contract
issued
pursuant
to
chapter
509,
514,
39
or
514A.
40
c.
An
individual
or
group
health
maintenance
41
organization
contract
regulated
under
chapter
514B.
42
d.
A
plan
established
pursuant
to
chapter
509A
for
43
public
employees.
44
e.
An
organized
delivery
system
licensed
by
the
45
director
of
public
health.
46
3.
This
section
shall
not
apply
to
accident-only,
47
specified
disease,
short-term
hospital
or
medical,
48
hospital
confinement
indemnity,
credit,
dental,
vision,
49
Medicare
supplement,
long-term
care,
basic
hospital
50
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and
medical-surgical
expense
coverage
as
defined
1
by
the
commissioner,
disability
income
insurance
2
coverage,
coverage
issued
as
a
supplement
to
liability
3
insurance,
workers’
compensation
or
similar
insurance,
4
or
automobile
medical
payment
insurance.
5
Sec.
35.
Section
598.41,
subsection
3,
Code
2011,
6
is
amended
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
k.
Whether
a
parent
has
allowed
a
8
person
custody
or
control
of,
or
unsupervised
access
9
to
a
child
after
knowing
the
person
is
required
to
10
register
or
is
on
the
sex
offender
registry
as
a
sex
11
offender
under
chapter
692A.
12
Sec.
36.
REPEAL.
2012
Iowa
Acts,
House
File
2168,
13
section
5,
is
repealed.
14
Sec.
37.
HOUSING
ENTERPRISE
ZONE
TAX
CREDIT
15
ISSUANCE.
16
1.
Notwithstanding
section
15E.193B,
subsection
4,
17
the
authority
may
issue
a
tax
credit
to
an
eligible
18
housing
business
for
a
project
not
completed
within
two
19
years
from
the
time
the
business
began
construction
if
20
a
city
failed
to
file
the
appropriate
paperwork
with
21
the
authority
requesting
an
extension
for
the
project
22
pursuant
to
section
15E.193B,
subsection
4.
23
2.
The
authorization
described
in
subsection
1
only
24
applies
to
projects
for
which
a
city
failed
to
file
25
an
extension
between
January
1,
2007,
and
January
1,
26
2008,
and
only
to
benefits
earned
for
a
project
between
27
February
8,
2005,
and
February
8,
2008.
28
Sec.
38.
CODE
EDITOR
DIRECTIVE.
Sections
572.1,
29
572.8,
572.10,
572.13,
572.18,
572.22,
and
572.24,
Code
30
and
Code
Supplement
2011,
as
amended
by
2012
Iowa
Acts,
31
House
File
675,
sections
2,
4,
6,
8,
15,
16,
and
18,
if
32
enacted,
are
amended
as
follows:
33
1.
By
striking
from
the
sections
the
words
“state
34
construction
registry”
and
inserting
in
lieu
thereof
35
the
words
“mechanics’
notice
and
lien
registry”.
36
Sec.
39.
CODE
EDITOR
DIRECTIVE.
Sections
572.13A,
37
572.13B,
and
572.34,
if
enacted
by
2012
Iowa
Acts,
38
House
File
675,
sections
9,
10,
and
25,
are
amended
as
39
follows:
40
1.
By
striking
from
the
sections
the
words
“state
41
construction
registry”
and
inserting
in
lieu
thereof
42
the
words
“mechanics’
notice
and
lien
registry”.
43
Sec.
40.
EFFECTIVE
UPON
ENACTMENT.
The
following
44
provision
or
provisions
of
this
division
of
this
Act,
45
being
deemed
of
immediate
importance,
take
effect
upon
46
enactment:
47
1.
The
section
of
this
division
of
this
Act
48
enacting
section
256C.4,
subsection
1,
paragraphs
“g”
49
and
“h”.
50
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#1.
#1.
2.
The
section
of
this
division
of
this
Act
1
amending
section
418.4,
subsection
3,
paragraph
“b”,
as
2
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
5.
3
3.
The
section
of
this
division
of
this
Act
4
amending
2012
Iowa
Acts,
Senate
File
2289.
>
5
4.
The
section
of
this
division
of
this
Act
6
amending
2010
Iowa
Acts,
chapter
1193,
section
29,
7
subsection
2,
as
enacted
by
2011
Iowa
Acts,
chapter
8
127,
section
54.
9
5.
The
section
of
this
division
of
this
Act
10
amending
2007
Iowa
Acts,
chapter
219,
section
2,
11
subsection
2,
paragraph
a,
as
enacted
by
2011
Iowa
12
Acts,
chapter
133,
section
32.
13
6.
The
section
of
this
division
of
this
Act
14
authorizing
expenditures
by
the
attorney
general’s
15
office.
16
Sec.
41.
EFFECTIVE
DATE.
The
sections
of
this
17
division
of
this
Act
amending
sections
572.1,
572.8,
18
572.10,
572.13,
572.13A,
572.13B,
572.18,
572.22,
19
572.24,
and
572.34,
take
effect
January
1,
2013.
20
Sec.
42.
RETROACTIVE
APPLICABILITY.
The
following
21
provision
or
provisions
of
this
division
of
this
Act
22
apply
retroactively
to
April
19,
2012:
23
1.
The
section
of
this
division
of
this
Act
24
amending
section
418.4,
subsection
3,
paragraph
“b”,
as
25
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
5.
26
Sec.
43.
RETROACTIVE
APPLICABILITY.
The
following
27
provision
or
provisions
of
this
division
of
this
Act
28
apply
retroactively
to
April
12,
2012:
29
1.
The
section
of
this
division
of
this
Act
30
amending
2012
Iowa
Acts,
Senate
File
2289.
31
DIVISION
III
32
CORRECTIVE
PROVISIONS
33
Sec.
44.
Section
9B.2,
subsection
10,
paragraph
a,
34
if
enacted
by
2012
Iowa
Acts,
Senate
File
2265,
section
35
2,
is
amended
to
read
as
follows:
36
a.
“Personal
appearance”
means
an
act
of
a
party
37
to
physically
appear
within
the
presence
of
a
notary
38
public
notarial
officer
at
the
time
the
notarization
39
occurs
notarial
act
is
performed
.
40
Sec.
45.
Section
105.2,
subsection
8,
Code
41
Supplement
2011,
as
amended
by
2012
Iowa
Acts,
House
42
File
2285,
section
1,
if
enacted,
is
amended
to
read
43
as
follows:
44
8.
“Hydronic”
means
a
heating
or
cooling
system
45
that
transfers
heating
or
cooling
by
circulating
fluid
46
through
a
closed
system,
including
boilers,
pressure
47
vessels,
refrigerated
equipment
in
connection
with
48
chilled
water
systems,
all
steam
piping,
hot
or
chilled
49
water
piping
together
with
all
control
devices
and
50
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58
accessories,
installed
as
part
of,
or
in
connection
1
with,
any
heating
or
cooling
system
or
appliance
whose
2
primary
purpose
is
to
provide
comfort
using
a
liquid,
3
water,
or
steam
as
the
heating
or
cooling
media.
4
“Hydronic”
includes
all
low-pressure
and
high-pressure
5
systems
and
all
natural,
propane,
liquid
propane,
or
6
other
gas
lines
associated
with
any
component
of
a
7
hydronic
system.
For
purposes
of
this
definition,
8
“primary
purpose
is
to
provide
comfort”
means
a
system
9
or
appliance
in
which
at
least
fifty-one
percent
of
10
the
capacity
generated
by
its
operation,
on
an
annual
11
average,
is
dedicated
to
comfort
heating
or
cooling.
12
Sec.
46.
Section
135.156E,
subsection
1,
paragraph
13
b,
if
enacted
by
2012
Iowa
Acts,
Senate
File
2318,
14
section
14,
is
amended
to
read
as
follows:
15
b.
Require
authentication
controls
to
verify
the
16
identify
identity
and
role
of
the
participant
using
the
17
Iowa
health
information
network.
18
Sec.
47.
Section
135C.6,
subsection
8,
paragraphs
a
19
and
b,
Code
2011,
as
amended
by
2012
Iowa
Acts,
Senate
20
File
2247,
section
15,
are
amended
to
read
as
follows:
21
a.
Residential
programs
providing
care
to
not
more
22
than
four
individuals
and
receiving
moneys
appropriated
23
to
the
department
of
human
services
under
provisions
of
24
a
federally
approved
home
and
community-based
services
25
waiver
for
persons
with
an
intellectual
disabilities
26
disability
or
other
medical
assistance
program
under
27
chapter
249A
.
In
approving
a
residential
program
under
28
this
paragraph,
the
department
of
human
services
shall
29
consider
the
geographic
location
of
the
program
so
as
30
to
avoid
an
overconcentration
of
such
programs
in
an
31
area.
In
order
to
be
approved
under
this
paragraph,
a
32
residential
program
shall
not
be
required
to
involve
33
the
conversion
of
a
licensed
residential
care
facility
34
for
persons
with
an
intellectual
disability.
35
b.
Not
more
than
forty
residential
care
facilities
36
for
persons
with
an
intellectual
disability
that
are
37
licensed
to
serve
not
more
than
five
individuals
may
38
be
authorized
by
the
department
of
human
services
39
to
convert
to
operation
as
a
residential
program
40
under
the
provisions
of
a
medical
assistance
home
and
41
community-based
services
waiver
for
persons
with
an
42
intellectual
disabilities
disability
.
A
converted
43
residential
program
operating
under
this
paragraph
44
is
subject
to
the
conditions
stated
in
paragraph
“a”
45
except
that
the
program
shall
not
serve
more
than
five
46
individuals.
47
Sec.
48.
Section
144D.3,
subsection
4,
as
enacted
48
by
2012
Iowa
Acts,
House
File
2165,
section
4,
is
49
amended
to
read
as
follows:
50
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4.
In
the
absence
of
actual
notice
of
the
1
revocation
of
a
POST
form,
a
health
care
provider,
2
hospital,
health
care
facility,
or
any
other
person
who
3
complies
with
a
POST
form
shall
not
be
subject
to
civil
4
or
criminal
liability
or
professional
disciplinary
5
action
for
actions
taken
under
this
chapter
which
are
6
in
accordance
with
reasonable
medical
standards.
A
7
health
care
provider,
hospital,
health
care
facility,
8
or
other
person
against
whom
criminal
or
civil
9
liability
or
professional
disciplinary
action
is
10
asserted
because
of
conduct
in
compliance
with
this
11
chapter
may
interpose
the
restriction
on
liability
in
12
this
paragraph
subsection
as
an
absolute
defense.
13
Sec.
49.
Section
152B.2,
subsection
1,
paragraph
14
a,
subparagraph
(2),
Code
2011,
as
amended
by
2012
15
Iowa
Acts,
Senate
File
2248,
section
2,
if
enacted,
is
16
amended
to
read
as
follows:
17
(2)
Direct
and
indirect
respiratory
care
services
18
including
but
not
limited
to
the
administration
of
19
pharmacological
and
diagnostic
and
therapeutic
agents
20
related
to
respiratory
care
procedures
necessary
to
21
implement
a
treatment,
disease
prevention,
pulmonary
22
rehabilitative,
or
diagnostic
regimen
prescribed
by
a
23
licensed
physician
,
or
surgeon
,
or
a
qualified
health
24
care
professional
prescriber.
25
Sec.
50.
Section
152B.3,
subsection
1,
unnumbered
26
paragraph
1,
Code
2011,
as
amended
by
2012
Iowa
Acts,
27
Senate
File
2248,
section
5,
if
enacted,
is
amended
to
28
read
as
follows:
29
The
performance
of
respiratory
care
shall
be
30
in
accordance
with
the
prescription
of
a
licensed
31
physician
,
or
surgeon
,
or
a
qualified
health
care
32
professional
prescriber
and
includes
but
is
not
limited
33
to
the
diagnostic
and
therapeutic
use
of
the
following:
34
Sec.
51.
Section
152B.3,
subsection
2,
Code
2011,
35
as
amended
by
2012
Iowa
Acts,
Senate
File
2248,
section
36
6,
if
enacted,
is
amended
to
read
as
follows:
37
2.
A
respiratory
care
practitioner
may
transcribe
38
and
implement
a
written
or
verbal
order
from
a
licensed
39
physician
,
or
surgeon
,
or
a
qualified
health
care
40
professional
prescriber
pertaining
to
the
practice
of
41
respiratory
care.
42
Sec.
52.
Section
152B.4,
Code
2011,
as
amended
43
by
2012
Iowa
Acts,
Senate
File
2248,
section
7,
if
44
enacted,
is
amended
to
read
as
follows:
45
152B.4
Location
of
respiratory
care.
46
The
practice
of
respiratory
care
may
be
performed
47
in
a
hospital
as
defined
in
section
135B.1,
subsection
48
3
,
and
other
settings
where
respiratory
care
is
to
49
be
provided
in
accordance
with
a
prescription
of
a
50
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licensed
physician
,
or
surgeon
,
or
a
qualified
health
1
care
professional
prescriber.
Respiratory
care
may
2
be
provided
during
transportation
of
a
patient
and
3
under
circumstances
where
an
emergency
necessitates
4
respiratory
care.
5
Sec.
53.
Section
161A.63,
Code
2011,
as
amended
6
by
2012
Iowa
Acts,
Senate
File
2311,
section
16,
if
7
enacted,
is
amended
to
read
as
follows:
8
161A.63
Right
of
purchaser
of
agricultural
land
to
9
obtain
information.
10
A
prospective
purchaser
of
an
interest
in
11
agricultural
land
located
in
this
state
is
entitled
12
to
obtain
from
the
seller,
or
from
the
office
of
the
13
soil
and
water
conservation
district
in
which
the
land
14
is
located,
a
copy
of
the
most
recently
updated
farm
15
unit
soil
conservation
plan,
developed
pursuant
to
16
section
161A.62,
subsection
2
,
which
are
is
applicable
17
to
the
agricultural
land
proposed
to
be
purchased.
A
18
prospective
purchaser
of
an
interest
in
agricultural
19
land
located
in
this
state
is
entitled
to
obtain
20
additional
copies
of
either
or
both
of
the
documents
21
document
referred
to
in
this
section
from
the
office
of
22
the
soil
and
water
conservation
district
in
which
the
23
land
is
located,
promptly
upon
request,
at
a
fee
not
to
24
exceed
the
cost
of
reproducing
them.
All
persons
who
25
identify
themselves
to
the
commissioners
or
staff
of
26
a
soil
and
water
conservation
district
as
prospective
27
purchasers
of
agricultural
land
in
the
district
shall
28
be
given
information,
prepared
in
accordance
with
29
rules
of
the
department,
which
clearly
explains
the
30
provisions
of
section
161A.76
.
31
Sec.
54.
Section
203C.14,
Code
2011,
as
amended
32
by
2012
Iowa
Acts,
Senate
File
2311,
section
107,
if
33
enacted,
is
amended
to
read
as
follows:
34
203C.14
Suit
——
claims
——
notice
of
revocation.
35
1.
A
person
injured
by
the
breach
of
an
obligation
36
of
a
warehouse
operator,
for
the
performance
of
which
a
37
bond
on
agricultural
products
other
than
bulk
grain,
a
38
deficiency
bond,
or
an
irrevocable
letter
of
credit
has
39
been
given
under
any
of
the
provisions
of
this
chapter
,
40
may
sue
on
the
bond
on
agricultural
products
other
than
41
bulk
grain,
deficiency
bond,
or
irrevocable
letter
of
42
credit
in
the
person’s
own
name
in
a
court
of
competent
43
jurisdiction
to
recover
any
damages
the
person
has
44
sustained
by
reason
of
the
breach.
45
2.
a.
Upon
the
cessation
of
a
warehouse
operator’s
46
license
due
to
revocation,
cancellation,
or
expiration,
47
a
claim
against
the
warehouse
operator
arising
48
under
this
chapter
shall
be
made
in
writing
with
49
the
warehouse
operator,
with
the
issuer
of
a
bond
50
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on
agricultural
products
other
than
bulk
grain,
a
1
deficiency
bond,
or
an
irrevocable
letter
of
credit,
2
and,
if
the
claim
relates
to
bulk
grain,
with
the
3
department.
The
claim
must
be
made
within
one
hundred
4
twenty
days
after
the
cessation
of
the
license.
The
5
failure
to
make
a
timely
claim
relieves
the
issuer
6
and,
if
the
claim
relates
to
bulk
grain,
the
grain
7
depositors
and
sellers
indemnity
fund
provided
in
8
chapter
203D
of
all
obligations
to
the
claimant.
9
3.
b.
Upon
revocation
of
a
warehouse
license,
the
10
department
shall
cause
notice
of
the
revocation
to
be
11
published
once
each
week
for
two
consecutive
weeks
12
in
a
newspaper
of
general
circulation
in
each
of
the
13
counties
in
which
the
licensee
maintains
a
business
14
location
and
in
a
newspaper
of
general
circulation
15
within
the
state.
The
notice
shall
state
the
name
and
16
address
of
the
warehouse
operator
and
the
effective
17
date
of
revocation.
The
notice
shall
also
state
that
18
any
claims
against
the
warehouse
operator
shall
be
made
19
in
writing
and
sent
by
ordinary
mail
to
the
warehouse
20
operator,
to
the
issuer
of
a
bond
on
agricultural
21
products
other
than
bulk
grain,
deficiency
bond,
or
an
22
irrevocable
letter
of
credit,
and
to
the
department
23
within
one
hundred
twenty
days
after
revocation,
and
24
the
notice
shall
state
that
the
failure
to
make
a
25
timely
claim
does
not
relieve
the
warehouse
operator
26
from
liability
to
the
claimant.
27
c.
This
paragraph
subsection
does
not
apply
if
28
a
receiver
is
appointed
as
provided
in
this
chapter
29
pursuant
to
a
petition
which
is
filed
by
the
department
30
prior
to
the
expiration
of
one
hundred
twenty
days
31
after
revocation,
termination,
or
cancellation
32
cessation
of
warehouse
operator’s
license.
33
Sec.
55.
Section
249A.12,
subsection
5,
paragraph
34
a,
unnumbered
paragraph
1,
Code
2011,
as
amended
by
35
2012
Iowa
Acts,
Senate
File
2247,
section
101,
is
36
amended
to
read
as
follows:
37
The
mental
health
and
disability
services
commission
38
shall
recommend
to
the
department
the
actions
necessary
39
to
assist
in
the
transition
of
individuals
being
served
40
in
an
intermediate
care
facility
for
persons
with
41
an
intellectual
disability,
who
are
appropriate
for
42
the
transition,
to
services
funded
under
a
medical
43
assistance
home
and
community-based
services
waiver
44
for
persons
with
an
intellectual
disability
in
a
45
manner
which
maximizes
the
use
of
existing
public
and
46
private
facilities.
The
actions
may
include
but
are
47
not
limited
to
submitting
any
of
the
following
or
48
a
combination
of
any
of
the
following
as
a
request
49
for
a
revision
of
the
medical
assistance
home
and
50
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58
community-based
services
waiver
for
persons
with
an
1
intellectual
disabilities
disability
:
2
Sec.
56.
Section
261.115,
subsection
3,
paragraphs
3
c
and
d,
if
enacted
by
2012
Iowa
Acts,
House
File
2458,
4
section
1,
are
amended
to
read
as
follows:
5
c.
Complete
their
the
residency
program
requirement
6
with
an
Iowa-based
residency
program.
7
d.
Within
nine
months
of
graduating
from
their
the
8
residency
program
and
receiving
a
permanent
license
in
9
accordance
with
paragraph
“b”
,
engage
in
the
full-time
10
practice
of
medicine
and
surgery
or
osteopathic
11
medicine
and
surgery
specializing
in
family
medicine,
12
pediatrics,
psychiatry,
internal
medicine,
or
general
13
surgery
for
a
period
of
sixty
consecutive
months
in
the
14
service
commitment
area
specified
under
subsection
6,
15
unless
the
loan
repayment
recipient
receives
a
waiver
16
from
the
commission
to
complete
the
months
of
practice
17
required
under
the
agreement
in
another
service
18
commitment
area
pursuant
to
subsection
6.
19
Sec.
57.
Section
261.115,
subsection
8,
if
enacted
20
by
2012
Iowa
Acts,
House
File
2458,
section
1,
is
21
amended
to
read
as
follows:
22
8.
Part-time
practice
——
agreement
amended.
A
23
person
who
entered
into
an
agreement
pursuant
to
24
subsection
3
may
apply
to
the
commission
to
amend
the
25
agreement
to
allow
the
person
to
engage
in
less
than
26
the
full-time
practice
specified
in
the
agreement
and
27
under
subsection
3,
paragraph
“d”
.
If
the
commission
28
determines
exceptional
circumstances
exist,
the
29
commission
and
the
person
may
consent
to
amend
the
30
agreement
under
which
the
person
shall
engage
in
less
31
than
full-time
practice
of
medicine
and
surgery
or
32
osteopathic
medicine
and
surgery
specializing
in
family
33
medicine,
pediatrics,
psychiatry,
internal
medicine,
34
or
general
surgery
in
a
service
commitment
area
for
35
an
extended
period
of
part-time
practice
determined
36
by
the
commission
to
be
proportional
to
the
amount
37
of
full-time
practice
remaining
under
the
original
38
agreement.
39
Sec.
58.
Section
261.115,
subsection
9,
paragraph
40
b,
if
enacted
by
2012
Iowa
Acts,
House
File
2458,
41
section
1,
is
amended
to
read
as
follows:
42
b.
Except
for
a
postponement
under
paragraph
“a”
,
43
subparagraph
(6),
an
obligation
to
engage
in
practice
44
under
an
agreement
entered
into
pursuant
to
subsection
45
3,
shall
not
be
postponed
for
more
than
two
years
from
46
the
time
the
full-time
practice
was
to
have
commenced
47
under
the
agreement.
48
Sec.
59.
Section
273.2,
subsection
3,
Code
49
Supplement
2011,
as
amended
by
2012
Iowa
Acts,
Senate
50
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HF2465.6104.S
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84
jh
20/
58
File
2203,
section
38,
if
enacted,
is
amended
to
read
1
as
follows:
2
3.
The
area
education
agency
board
shall
furnish
3
educational
services
and
programs
as
provided
in
4
sections
section
273.1,
this
section,
sections
273.3
5
to
273.9,
and
chapter
256B
to
the
pupils
enrolled
6
in
public
or
nonpublic
schools
located
within
its
7
boundaries
which
are
on
the
list
of
accredited
schools
8
pursuant
to
section
256.11
.
The
programs
and
services
9
provided
shall
be
at
least
commensurate
with
programs
10
and
services
existing
on
July
1,
1974.
The
programs
11
and
services
provided
to
pupils
enrolled
in
nonpublic
12
schools
shall
be
comparable
to
programs
and
services
13
provided
to
pupils
enrolled
in
public
schools
within
14
constitutional
guidelines.
15
Sec.
60.
Section
321.188,
subsection
6,
paragraph
16
c,
if
enacted
by
2012
Iowa
Acts,
House
File
2403,
17
section
1,
is
amended
to
read
as
follows:
18
c.
An
applicant
who
obtains
a
skills
test
waiver
19
under
this
subsection
shall
take
and
successfully
pass
20
the
knowledge
test
required
pursuant
to
subsection
2
1
.
21
Sec.
61.
Section
321.323A,
subsection
3,
paragraph
22
c,
subparagraph
(1),
if
enacted
by
2012
Iowa
Acts,
23
House
File
2228,
section
3,
is
amended
to
read
as
24
follows:
25
(1)
For
a
violation
causing
damage
to
the
property
26
of
another
person,
but
not
resulting
in
bodily
injury
27
to
or
death
of
to
another
person,
the
department
shall
28
suspend
the
violator’s
driver’s
license
or
operating
29
privileges
for
ninety
days.
30
Sec.
62.
Section
321.457,
subsection
2,
paragraph
31
n,
subparagraph
(4),
if
enacted
by
2012
Iowa
Acts,
32
House
File
2428,
section
1,
is
amended
to
read
as
33
follows:
34
(4)
For
purposes
of
this
paragraph
“n”
,
“full
35
trailer”
means
as
defined
in
49
C.F.R.
§
390
390.5
.
36
Sec.
63.
Section
321I.7,
subsection
3,
Code
2011,
37
as
amended
by
2012
Iowa
Acts,
House
File
2467,
section
38
39,
is
amended
to
read
as
follows:
39
3.
Duplicate
registrations
may
be
issued
by
a
40
county
recorder
or
a
license
agent
and
upon
the
payment
41
of
a
five
dollar
fee
plus
a
writing
fee
as
provided
in
42
section
321I.29.
43
Sec.
64.
Section
322.5,
subsection
6,
paragraph
b,
44
subparagraph
(2),
if
enacted
by
2012
Iowa
Acts,
Senate
45
File
2249,
section
4,
is
amended
to
read
as
follows:
46
(2)
The
state
in
which
the
person
is
licensed
as
47
a
motor
vehicle
dealer
allows
a
motor
vehicle
dealer
48
licensed
in
Iowa
to
be
issued
a
permit
substantially
49
similar
to
the
temporary
permit
authorized
under
this
50
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section
subsection
.
1
Sec.
65.
Section
326.3,
subsection
19,
if
enacted
2
by
2012
Iowa
Acts,
Senate
File
2216,
section
18,
is
3
amended
to
read
as
follows:
4
19.
“Operational
records”
means
source
documents
5
that
evidence
distance
traveled
by
a
fleet
in
each
6
member
jurisdiction,
such
as
furl
fuel
reports,
trip
7
sheets,
and
driver
logs,
including
those
which
may
8
be
generated
through
on-board
devices
and
maintained
9
electronically,
as
required
by
the
audit
procedures
10
manual.
11
Sec.
66.
Section
418.4,
subsection
1,
paragraph
b,
12
if
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
13
5,
is
amended
to
read
as
follows:
14
b.
A
governmental
entity
as
defined
in
section
15
418.1,
subsection
4,
paragraph
“c”
,
shall
have
the
16
power
to
construct,
acquire,
own,
repair,
improve,
17
operate,
and
maintain
a
project,
may
sue
and
be
sued,
18
contract,
and
acquire
and
hold
real
and
personal
19
property,
subject
to
the
limitation
in
paragraph
“c”
,
20
and
shall
have
such
other
powers
as
may
be
included
in
21
the
chapter
28E
agreement.
Such
a
governmental
entity
22
may
contract
with
a
city
or
the
county
participating
in
23
the
chapter
28E
agreement
to
perform
any
governmental
24
service,
activity,
or
undertaking
that
the
city
or
25
county
is
authorized
by
law
to
perform,
including
but
26
not
limited
to
contracts
for
administrative
services.
27
Sec.
67.
Section
418.5,
subsection
7,
if
enacted
by
28
2012
Iowa
Acts,
Senate
File
2217,
section
6,
is
amended
29
to
read
as
follows:
30
7.
A
majority
of
the
board
voting
members
31
constitutes
a
quorum.
32
Sec.
68.
Section
418.9,
subsection
2,
paragraph
g,
33
if
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
34
10,
is
amended
to
read
as
follows:
35
g.
Whether
the
project
plan
is
consistent
with
36
the
applicable
comprehensive
,
countywide
emergency
37
operations
plan
in
effect
and
other
applicable
local
38
hazard
mitigation
plans.
39
Sec.
69.
Section
504.719,
subsection
3,
as
enacted
40
by
2012
Iowa
Acts,
Senate
File
2260,
section
8,
is
41
amended
to
read
as
follows:
42
3.
An
inspector
may,
but
is
not
required
to,
be
a
43
director,
member
of
a
designated
body,
member,
officer,
44
or
employee
of
the
corporation.
A
person
who
is
a
45
candidate
for
an
office
to
be
filled
at
the
meeting
46
shall
not
be
an
inspector
at
that
meeting.
47
Sec.
70.
Section
508.37,
subsection
5,
paragraph
c,
48
Code
2011,
as
amended
by
2012
Iowa
Acts,
Senate
File
49
2203,
section
105,
if
enacted,
is
amended
to
read
as
50
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follows:
1
c.
The
adjusted
premiums
for
a
policy
providing
2
term
insurance
benefits
by
rider
or
supplemental
policy
3
provision
shall
be
equal
to
(1)
the
adjusted
premiums
4
for
an
otherwise
similar
policy
issued
at
the
same
age
5
without
such
term
insurance
benefits,
increased
during
6
the
period
for
which
premiums
for
such
term
insurance
7
benefits
are
payable,
by
(2)
the
adjusted
premiums
8
for
such
term
insurance,
the
foregoing
items
(1)
and
9
(2)
being
calculated
separately
and
as
specified
in
10
paragraphs
“a”
and
“b”
of
this
subsection
except
that,
11
for
the
purposes
of
of
paragraph
“a”
,
subparagraph
12
(1),
subparagraph
divisions
(b),
(c),
and
(d),
the
13
amount
of
insurance
or
equivalent
uniform
amount
of
14
insurance
used
in
the
calculation
of
the
adjusted
15
premiums
referred
to
in
item
(2)
in
this
paragraph
16
shall
be
equal
to
the
excess
of
the
corresponding
17
amount
determined
for
the
entire
policy
over
the
amount
18
used
in
the
calculation
of
the
adjusted
premiums
in
19
item
(1)
in
this
paragraph.
20
Sec.
71.
Section
515I.1,
subsection
2,
if
enacted
21
by
2012
Iowa
Acts,
House
File
2145,
section
1,
is
22
amended
to
read
as
follows:
23
2.
This
division
chapter
shall
be
liberally
24
construed
to
promote
these
purposes.
25
Sec.
72.
Section
536A.10,
Code
2011,
as
amended
26
by
2012
Iowa
Acts,
Senate
File
2203,
section
139,
if
27
enacted,
is
amended
to
read
as
follows:
28
536A.10
Issuance
of
license.
29
1.
If
The
superintendent
shall
approve
the
30
application
and
issue
to
the
applicant
a
license
31
to
engage
in
the
industrial
loan
business
in
32
accordance
with
the
provisions
of
this
chapter
,
if
the
33
superintendent
shall
find:
34
a.
That
the
financial
responsibility,
experience,
35
character
and
general
fitness
of
the
applicant
and
36
of
the
officers
thereof
are
such
as
to
command
the
37
confidence
of
the
community,
and
to
warrant
the
belief
38
that
the
business
will
be
operated
honestly,
fairly
and
39
efficiently
within
the
purpose
of
this
chapter
;
40
b.
That
a
reasonable
necessity
exists
for
a
new
41
industrial
loan
company
in
the
community
to
be
served;
42
c.
That
the
applicant
has
available
for
the
43
operation
of
the
business
at
the
specified
location
44
paid-in
capital
and
surplus
as
required
by
section
45
536A.8
;
and
46
d.
That
the
applicant
is
a
corporation
organized
47
for
pecuniary
profit
under
the
laws
of
the
state
of
48
Iowa.
49
2.
The
superintendent
shall
approve
the
application
50
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and
issue
to
the
applicant
a
license
to
engage
in
1
the
industrial
loan
business
in
accordance
with
the
2
provisions
of
this
chapter
.
The
superintendent
shall
3
approve
or
deny
an
application
for
a
license
within
one
4
hundred
twenty
days
from
the
date
of
the
filing
of
such
5
application.
6
Sec.
73.
Section
602.9202,
subsection
4,
Code
2011,
7
as
amended
by
2012
Iowa
Acts,
Senate
File
2285,
section
8
106,
is
amended
to
read
as
follows:
9
4.
“Senior
judge
retirement
age”
means
seventy-eight
10
years
of
age
or,
if
the
senior
judge
is
reappointed
as
11
a
senior
judge
for
an
additional
one-year
term
upon
12
attaining
seventy-eight
years
of
age
,
and
then
to
a
13
succeeding
one-year
term,
pursuant
to
section
602.9203
,
14
eighty
years
of
age.
15
Sec.
74.
Section
617.11,
subsection
3,
unnumbered
16
paragraph
1,
if
enacted
by
2012
Iowa
Acts,
House
File
17
2370,
section
1,
is
amended
to
read
as
follows:
18
If
a
claim
of
interest
against
the
property
is
19
acquired
prior
to
the
indexing
of
a
petition
or
20
municipal
infraction
citation
affecting
real
estate
21
and
filed
by
a
city
and
such
claim
is
not
indexed
or
22
filed
of
record
prior
to
the
indexing
of
the
petition
23
or
citation,
it
is
subject
to
the
pending
action
24
as
provided
in
subsection
1,
unless
either
of
the
25
following
occurs:
26
Sec.
75.
EFFECTIVE
DATE.
The
section
of
this
27
division
of
this
Act
amending
section
9B.2,
subsection
28
10,
paragraph
a,
takes
effect
January
1,
2013.
29
Sec.
76.
EFFECTIVE
UPON
ENACTMENT.
The
section
30
of
this
division
of
this
Act
amending
section
105.2,
31
subsection
8,
being
deemed
of
immediate
importance,
32
takes
effect
upon
enactment.
33
Sec.
77.
RETROACTIVE
APPLICABILITY.
The
section
34
of
this
division
of
this
Act
amending
section
105.2,
35
subsection
8,
applies
retroactively
to
the
effective
36
date
of
2012
Iowa
Acts,
House
File
2285.
37
Sec.
78.
EFFECTIVE
UPON
ENACTMENT.
The
section
of
38
this
division
of
this
Act
amending
section
135.156E,
39
subsection
1,
paragraph
b,
being
deemed
of
immediate
40
importance,
takes
effect
upon
enactment.
41
Sec.
79.
RETROACTIVE
APPLICABILITY.
The
section
of
42
this
division
of
this
Act
amending
section
135.156E,
43
subsection
1,
paragraph
b,
applies
retroactively
to
the
44
effective
date
of
2012
Iowa
Acts,
Senate
File
2318.
45
Sec.
80.
EFFECTIVE
UPON
ENACTMENT.
The
section
46
of
this
division
of
this
Act
amending
section
322.5,
47
subsection
6,
paragraph
“b”,
subparagraph
(2),
being
48
deemed
of
immediate
importance,
takes
effect
upon
49
enactment.
50
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HF2465.6104.S
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84
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58
Sec.
81.
RETROACTIVE
APPLICABILITY.
The
section
1
of
this
division
of
this
Act
amending
section
322.5,
2
subsection
6,
paragraph
“b”,
subparagraph
(2),
applies
3
retroactively
to
the
effective
date
of
2012
Iowa
Acts,
4
Senate
File
2249.
5
Sec.
82.
EFFECTIVE
UPON
ENACTMENT.
The
sections
6
of
this
division
of
this
Act
amending
section
418.4,
7
subsection
1,
paragraph
b,
section
418.5,
subsection
8
7,
and
section
418.9,
subsection
2,
paragraph
g,
9
being
deemed
of
immediate
importance,
take
effect
upon
10
enactment.
11
Sec.
83.
RETROACTIVE
APPLICABILITY.
The
sections
12
of
this
division
of
this
Act
amending
section
418.4,
13
subsection
1,
paragraph
b,
section
418.5,
subsection
14
7,
and
section
418.9,
subsection
2,
paragraph
g,
apply
15
retroactively
to
the
effective
date
of
2012
Iowa
Acts,
16
Senate
File
2217.
17
Sec.
84.
EFFECTIVE
UPON
ENACTMENT.
The
section
18
of
this
division
of
this
Act
amending
section
515I.1,
19
subsection
2,
being
deemed
of
immediate
importance,
20
takes
effect
upon
enactment.
21
Sec.
85.
RETROACTIVE
APPLICABILITY.
The
section
22
of
this
division
of
this
Act
amending
section
515I.1,
23
subsection
2,
applies
retroactively
to
the
effective
24
date
of
2012
Iowa
Acts,
House
File
2145.
25
DIVISION
IV
26
CARRY
FORWARD
APPROPRIATIONS
27
Sec.
86.
IOWA
STATE
MEMORIAL
——
RESTORATION.
There
28
is
appropriated
from
the
general
fund
of
the
state
to
29
the
department
of
cultural
affairs
for
the
fiscal
year
30
beginning
July
1,
2011,
and
ending
June
30,
2012,
the
31
following
amount,
or
so
much
thereof
as
is
necessary,
32
to
be
used
for
the
purposes
designated:
33
For
the
preservation
and
restoration
of
the
Iowa
34
state
memorial
at
Vicksburg
national
military
park:
35
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
320,000
36
Notwithstanding
section
8.33,
moneys
appropriated
in
37
this
section
that
remain
unencumbered
or
unobligated
38
at
the
close
of
the
fiscal
year
shall
not
revert
but
39
shall
remain
available
for
expenditure
for
the
purposes
40
designated
until
the
close
of
the
fiscal
year
that
41
begins
July
1,
2013.
42
Sec.
87.
LABOR
MANAGEMENT
COUNCILS.
43
1.
There
is
appropriated
from
the
general
fund
of
44
the
state
to
the
department
of
workforce
development
45
for
the
fiscal
year
beginning
July
1,
2011,
and
ending
46
June
30,
2012,
the
following
amounts,
or
so
much
47
thereof
as
is
necessary,
to
be
used
for
the
purposes
48
designated:
49
a.
For
support
of
a
labor
management
council
that
50
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84
jh
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58
has
been
in
existence
for
at
least
20
years
and
is
1
located
in
a
county
with
a
population
of
more
than
2
93,650
and
less
than
93,700:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
23,000
4
b.
For
support
of
a
labor
management
council
that
5
has
been
in
existence
for
at
least
20
years
and
is
6
located
in
a
county
with
a
population
of
more
than
7
165,200
and
less
than
165,250:
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
15,000
9
2.
Notwithstanding
section
8.33,
moneys
10
appropriated
in
this
section
that
remain
unencumbered
11
or
unobligated
at
the
close
of
the
fiscal
year
shall
12
not
revert
but
shall
remain
available
for
expenditure
13
for
the
purposes
designated
until
the
close
of
the
14
succeeding
fiscal
year.
15
Sec.
88.
MALCOLM
PRICE
LABORATORY
SCHOOL.
16
1.
INTERIM
STUDY.
17
a.
The
legislative
council
is
requested
to
18
establish
an
interim
study
committee
for
the
2012
19
legislative
interim
to
study
the
method
of
education
20
and
training
persons
who
are
attending
an
institution
21
under
the
control
of
the
board
of
regents
with
the
22
intent
to
become
a
prekindergarten
through
grade
twelve
23
school
educator.
The
study
shall
include
but
is
not
24
limited
to:
25
(1)
A
review
and
analysis
of
the
educational
26
methods
used
in
a
laboratory
school,
such
as
the
27
Malcolm
Price
laboratory
school
on
the
campus
of
28
the
university
of
northern
Iowa,
to
enhance
the
29
preparation,
training,
and
professional
competence
of
30
the
educators
in
this
state.
31
(2)
A
review
and
analysis
of
the
education
methods,
32
which
are
alternatives
to
those
applied
in
a
laboratory
33
school,
used
to
enhance
the
preparation,
training,
and
34
professional
competence
of
the
educators
in
this
state.
35
(3)
A
comprehensive
financial
analysis
of
the
costs
36
of
the
methods
presented
for
review
and
analysis
under
37
this
lettered
paragraph.
38
(4)
Such
other
matters
as
the
legislative
members
39
of
the
committee
determine
are
in
the
best
interest
of
40
the
state
to
enhance
the
preparation
and
professional
41
competence
of
the
educators
in
this
state.
42
b.
In
addition
to
legislative
members,
the
43
membership
of
the
interim
study
committee
shall
include
44
the
following
public
members:
45
(1)
Three
persons
with
expertise
in
the
46
preparation,
training,
and
professional
competence
of
47
prekindergarten
through
grade
twelve
educators.
One
48
member
shall
be
appointed
by
the
board
of
education.
49
One
member
shall
be
appointed
by
the
board
of
regents.
50
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One
member
shall
be
appointed
by
the
dean
of
the
1
department
of
education
at
the
university
of
northern
2
Iowa.
3
(2)
Three
public
members
appointed
by
the
4
legislative
council
including
one
person
who
is
a
5
graduate
of
the
Malcolm
Price
laboratory
school
on
the
6
university
of
northern
Iowa
campus,
one
person
who
is
7
a
prekindergarten
through
grade
twelve
educator
in
the
8
Cedar
Falls
community
school
district,
and
one
person
9
who
is
an
administrator
of
a
prekindergarten
through
10
grade
twelve
school
in
the
Cedar
Falls
community
school
11
district.
12
c.
The
committee
shall
meet
at
least
twice
during
13
the
2012
legislative
interim
and
shall
submit
findings
14
and
any
recommendations
in
a
report
for
consideration
15
during
the
2013
session
of
the
general
assembly.
16
2.
APPROPRIATION.
There
is
appropriated
from
17
the
general
fund
of
the
state
to
the
state
board
of
18
regents
for
the
fiscal
year
beginning
July
1,
2011,
and
19
ending
June
30,
2012,
the
following
amount,
or
so
much
20
thereof
as
is
necessary,
to
be
used
for
the
purposes
21
designated:
22
For
the
Malcolm
Price
laboratory
school
at
the
23
university
of
northern
Iowa
during
the
fiscal
year
24
beginning
July
1,
2012:
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,000,000
26
Notwithstanding
section
8.33,
moneys
appropriated
in
27
this
subsection
that
remain
unencumbered
or
unobligated
28
at
the
close
of
the
fiscal
year
shall
not
revert
but
29
shall
remain
available
for
expenditure
for
the
purposes
30
designated
until
the
close
of
the
succeeding
fiscal
31
year.
32
Sec.
89.
DEPARTMENT
OF
NATURAL
RESOURCES
——
33
ECONOMIC
EMERGENCY
FUND.
There
is
appropriated
from
34
the
Iowa
economic
emergency
fund
to
the
department
of
35
natural
resources
for
the
fiscal
year
beginning
July
1,
36
2011,
and
ending
June
30,
2012,
the
following
amount,
37
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
38
purposes
designated,
notwithstanding
section
8.55,
39
subsection
1:
40
For
the
repair
of
damages
due
to
the
flooding
of
the
41
Missouri
river
during
the
calendar
year
2011
in
the
42
Lewis
and
Clark,
lake
Manawa,
and
Wilson
island
state
43
parks
and
recreation
area:
44
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,865,743
45
For
purposes
of
section
8.33,
unless
specifically
46
provided
otherwise,
unencumbered
or
unobligated
47
moneys
remaining
from
the
appropriation
made
in
this
48
section
shall
not
revert
but
shall
remain
available
49
for
expenditure
for
the
purposes
designated
until
the
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close
of
the
fiscal
year
that
ends
two
years
after
the
1
end
of
the
fiscal
year
for
which
the
appropriation
is
2
made.
However,
if
the
project
or
projects
for
which
3
the
appropriation
was
made
are
completed
in
an
earlier
4
fiscal
year,
unencumbered
or
unobligated
moneys
shall
5
revert
at
the
close
of
that
same
fiscal
year.
6
Sec.
90.
STATEWIDE
FIRE
AND
POLICE
RETIREMENT
7
SYSTEM
FUND
——
APPROPRIATION.
8
1.
There
is
appropriated
from
the
general
fund
9
of
the
state
for
deposit
in
the
statewide
fire
and
10
police
retirement
fund
created
in
section
411.8,
for
11
the
fiscal
year
beginning
July
1,
2011,
and
ending
June
12
30,
2012,
the
following
amount
to
be
credited
to
the
13
retirement
fund
in
the
succeeding
fiscal
year:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,000,000
15
2.
Moneys
appropriated
by
the
state
pursuant
to
16
this
section
shall
not
be
used
to
reduce
the
normal
17
rate
of
contribution
of
any
city
below
17
percent.
18
3.
Notwithstanding
section
8.33,
moneys
19
appropriated
in
this
section
that
remain
unencumbered
20
or
unobligated
at
the
close
of
the
fiscal
year
shall
21
not
revert
but
shall
remain
available
for
expenditure
22
for
the
purposes
designated
until
expended.
23
Sec.
91.
PUBLIC
SAFETY
TRAINING
AND
FACILITIES
TASK
24
FORCE.
25
1.
a.
There
is
appropriated
from
the
general
fund
26
of
the
state
to
the
department
of
public
safety
for
the
27
fiscal
period
beginning
July
1,
2011,
and
ending
June
28
30,
2012,
the
following
amount,
or
so
much
thereof
as
29
is
necessary,
to
be
used
for
the
purposes
designated:
30
For
providing
administrative
support
for
the
public
31
safety
training
and
facilities
task
force
established
32
by
this
section:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50,000
34
b.
Notwithstanding
section
8.33,
moneys
35
appropriated
in
this
subsection
that
remain
36
unencumbered
or
unobligated
at
the
close
of
the
fiscal
37
year
shall
not
revert
but
shall
remain
available
for
38
expenditure
for
the
purposes
designated
until
the
close
39
of
the
succeeding
fiscal
year.
40
2.
A
public
safety
training
and
facilities
task
41
force
is
established.
The
department
of
public
safety
42
shall
provide
administrative
support
for
the
task
43
force.
44
3.
The
task
force
shall
consist
of
the
following
45
members:
46
a.
One
member
appointed
by
the
Iowa
peace
officers
47
association.
48
b.
One
member
appointed
by
the
Iowa
state
sheriff’s
49
and
deputies
association.
50
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c.
One
member
appointed
by
the
Iowa
police
chiefs
1
association.
2
d.
One
member
who
is
a
fire
chief
appointed
by
the
3
Iowa
fire
chiefs
association.
4
e.
One
member
who
is
a
fire
chief
appointed
by
the
5
Iowa
professional
fire
chiefs
association.
6
f.
One
member
who
is
the
chief
of
the
Iowa
fire
7
service
training
bureau
or
the
chief’s
designee.
8
g.
Two
members
who
are
representatives
of
the
fire
9
service
appointed
by
the
Iowa
firefighters
association.
10
h.
The
administrative
head
of
the
homeland
security
11
and
emergency
management
division
of
the
department
12
of
public
defense,
or
its
successor
agency,
or
the
13
administrative
head’s
designee.
14
i.
The
adjutant
general
of
the
department
of
public
15
defense
or
the
adjutant
general’s
designee.
16
j.
The
director
of
the
Iowa
law
enforcement
academy
17
or
the
director’s
designee.
18
k.
The
commissioner
of
public
safety
or
the
19
commissioner’s
designee.
20
l.
Two
members
who
are
appointed
by
the
Iowa
21
professional
firefighters.
22
m.
The
state
fire
marshal
or
the
state
fire
23
marshal’s
designee.
24
n.
The
director
of
the
department
of
corrections
or
25
the
director’s
designee.
26
o.
One
member
appointed
by
the
chief
of
the
bureau
27
of
emergency
medical
services
of
the
Iowa
department
28
of
public
health.
29
p.
One
member
appointed
by
the
Iowa
emergency
30
medical
services
association.
31
q.
One
member
appointed
by
the
Iowa
state
police
32
association.
33
r.
One
member
appointed
by
the
state
police
34
officers
council
who
is
representing
peace
officers
35
within
the
department
of
public
safety.
36
s.
One
member
appointed
by
the
state
police
37
officers
council
who
is
representing
employees
of
the
38
department
of
natural
resources.
39
t.
One
member
who
is
the
chief
of
the
law
40
enforcement
bureau
of
the
department
of
natural
41
resources
or
the
chief’s
designee.
42
u.
One
member
appointed
by
the
governor
who
43
is
a
public
member
who
has
no
personal
interest
44
or
occupational
responsibilities
in
the
area
of
45
responsibility
given
to
the
task
force
and
represents
46
the
interests
of
the
public
in
general.
47
v.
One
member
appointed
by
the
collective
48
bargaining
unit
that
represents
the
largest
number
of
49
employees
in
the
department
of
corrections.
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w.
One
member
appointed
by
the
collective
1
bargaining
unit
that
represents
the
largest
number
of
2
jailers
and
dispatchers
in
this
state.
3
x.
One
member
appointed
by
the
Iowa
association
of
4
community
college
presidents.
5
y.
One
member
who
is
an
employee
of
the
state
6
department
of
transportation
serving
in
a
law
7
enforcement
capacity
appointed
by
the
director
of
8
transportation.
9
4.
The
members
of
the
task
force
shall
select
10
one
chairperson
and
one
vice
chairperson.
The
vice
11
chairperson
shall
preside
in
the
absence
of
the
12
chairperson.
Section
69.16A
shall
apply
to
the
13
appointed
members
of
the
task
force.
14
5.
The
task
force
shall
consider
and
develop
15
strategies
relating
to
public
safety
training
16
facility
governance
with
the
goal
of
all
public
safety
17
disciplines
being
represented.
Each
public
safety
18
discipline
shall
advise
the
task
force
by
developing
19
individual
training
policies
as
determined
by
the
20
discipline’s
governing
bodies.
The
task
force
shall
21
also
develop
a
proposal
for
a
joint
public
safety
22
training
facility,
a
budget
for
construction
and
future
23
operation
of
this
facility,
and
potential
locations,
24
that
are
centrally
located
in
this
state,
for
the
25
facility.
26
6.
a.
The
task
force
shall
provide
interim
reports
27
to
the
general
assembly
by
December
31
of
each
year
28
concerning
the
activities
of
the
task
force
and
shall
29
submit
its
final
report,
including
its
findings
and
30
recommendations,
to
the
general
assembly
by
December
31
31,
2015.
32
b.
The
final
report
shall
include
but
not
be
33
limited
to
recommendations
concerning
the
following:
34
(1)
Consolidation
of
public
safety
governance
35
within
a
single
board
and
the
membership
of
the
board.
36
(2)
Development
of
a
consolidated
fire
and
police
37
public
safety
training
facility,
including
possible
38
locations,
building
recommendations,
and
financing
39
options.
40
(3)
Development
of
sustainable
funding
alternatives
41
for
public
safety
training
and
facilities.
42
(4)
Any
other
recommendations
relating
to
public
43
safety
training
and
facilities
requirements.
44
Sec.
92.
WATERSHED
IMPROVEMENT
FUND
——
45
APPROPRIATION.
There
is
appropriated
from
the
general
46
fund
of
the
state
to
the
department
of
agriculture
and
47
land
stewardship
for
the
fiscal
year
beginning
July
1,
48
2011,
and
ending
June
30,
2012,
the
following
amount,
49
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
50
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58
purposes
designated:
1
For
deposit
in
the
watershed
improvement
fund
2
created
in
section
466A.2:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,000,000
4
Notwithstanding
section
8.33,
moneys
appropriated
in
5
this
section
that
remain
unencumbered
or
unobligated
6
at
the
close
of
the
fiscal
year
shall
not
revert
but
7
shall
remain
available
for
expenditure
for
the
purposes
8
designated
until
the
close
of
the
succeeding
fiscal
9
year.
10
Sec.
93.
BIOSCIENCE
INITIATIVE
——
IOWA
STATE
11
UNIVERSITY
——
APPROPRIATION.
There
is
appropriated
12
from
the
general
fund
of
the
state
to
the
state
board
13
of
regents
for
the
fiscal
year
beginning
July
1,
2011,
14
and
ending
June
30,
2012,
the
following
amount,
or
15
so
much
thereof
as
is
necessary,
to
be
used
for
the
16
purposes
designated:
17
For
the
bioscience
initiative
at
Iowa
state
18
university
of
science
and
technology:
19
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,500,000
20
Notwithstanding
section
8.33,
moneys
appropriated
in
21
this
section
that
remain
unencumbered
or
unobligated
22
at
the
close
of
the
fiscal
year
shall
not
revert
but
23
shall
remain
available
for
expenditure
for
the
purposes
24
designated
until
expended.
25
Sec.
94.
EFFECTIVE
UPON
ENACTMENT.
This
division
26
of
this
Act,
being
deemed
of
immediate
importance,
27
takes
effect
upon
enactment.
28
DIVISION
V
29
DEPARTMENT
OF
REVENUE
30
Sec.
95.
Section
2.48,
subsection
3,
paragraph
c,
31
subparagraph
(4),
Code
2011,
is
amended
by
striking
the
32
subparagraph.
33
Sec.
96.
Section
2.48,
subsection
3,
paragraph
e,
34
subparagraph
(5),
Code
2011,
is
amended
by
striking
the
35
subparagraph.
36
Sec.
97.
Section
15.119,
subsection
2,
paragraph
37
e,
Code
Supplement
2011,
is
amended
by
striking
the
38
paragraph.
39
Sec.
98.
Section
422.15,
subsection
2,
Code
2011,
40
is
amended
to
read
as
follows:
41
2.
Every
partnership
,
including
limited
42
partnerships
organized
under
chapter
488
,
having
a
43
place
of
business
in
the
state
doing
business
in
this
44
state
or
deriving
income
from
sources
within
this
state
45
as
defined
in
section
422.33,
subsection
1
,
shall
make
46
a
return,
stating
specifically
the
net
income
and
47
capital
gains
(or
losses)
or
losses
reported
on
the
48
federal
partnership
return,
the
names
and
addresses
49
of
the
partners,
and
their
respective
shares
in
said
50
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58
amounts.
1
Sec.
99.
Section
422.25,
subsection
1,
paragraph
b,
2
Code
2011,
is
amended
to
read
as
follows:
3
b.
The
period
for
examination
and
determination
of
4
the
correct
amount
of
tax
is
unlimited
in
the
case
of
5
a
false
or
fraudulent
return
made
with
the
intent
to
6
evade
tax
or
in
the
case
of
a
failure
to
file
a
return.
7
In
lieu
of
the
period
of
limitation
for
any
prior
year
8
for
which
an
overpayment
of
tax
or
an
elimination
or
9
reduction
of
an
underpayment
of
tax
due
for
that
prior
10
year
results
from
the
carryback
to
that
prior
year
of
a
11
net
operating
loss
or
net
capital
loss,
the
period
is
12
the
period
of
limitation
for
the
taxable
year
of
the
13
net
operating
loss
or
net
capital
loss
which
results
14
in
the
carryback.
If
the
tax
found
due
is
greater
15
than
the
amount
paid,
the
department
shall
compute
16
the
amount
due,
together
with
interest
and
penalties
17
as
provided
in
subsection
2
,
and
shall
mail
a
notice
18
of
assessment
to
the
taxpayer
and,
if
applicable,
to
19
the
taxpayer’s
authorized
representative
of
the
total,
20
which
shall
be
computed
as
a
sum
certain
if
paid
on
or
21
before
,
with
interest
computed
to
the
last
day
of
the
22
month
in
which
the
notice
is
dated
,
or
on
or
before
the
23
last
day
of
the
following
month
if
the
notice
is
dated
24
after
the
twentieth
day
of
any
month.
The
notice
shall
25
also
inform
the
taxpayer
of
the
additional
interest
and
26
penalty
which
will
be
added
to
the
total
due
if
not
27
paid
on
or
before
the
last
day
of
the
applicable
month
.
28
Sec.
100.
Section
422.33,
subsections
9
and
27,
29
Code
Supplement
2011,
are
amended
by
striking
the
30
subsections.
31
Sec.
101.
Section
423.37,
subsection
2,
Code
2011,
32
is
amended
to
read
as
follows:
33
2.
If
a
return
required
by
this
subchapter
is
34
not
filed,
or
if
a
return
when
filed
is
incorrect
or
35
insufficient
and
the
maker
fails
to
file
a
corrected
36
or
sufficient
return
within
twenty
days
after
the
37
same
is
required
by
notice
from
the
department
,
the
38
department
shall
determine
the
amount
of
tax
due
from
39
information
as
the
department
may
be
able
to
obtain
40
and,
if
necessary,
may
estimate
the
tax
on
the
basis
of
41
external
indices,
such
as
number
of
employees
of
the
42
person
concerned,
rentals
paid
by
the
person,
stock
43
on
hand,
or
other
factors.
The
determination
may
be
44
made
using
any
generally
recognized
valid
and
reliable
45
sampling
technique,
whether
or
not
the
person
being
46
audited
has
complete
records,
as
mutually
agreed
upon
47
by
the
department
and
the
taxpayer.
The
department
48
shall
give
notice
of
the
determination
to
the
person
49
liable
for
the
tax.
The
determination
shall
fix
the
50
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tax
unless
the
person
against
whom
it
is
assessed
1
shall,
within
sixty
days
after
the
giving
of
notice
of
2
the
determination,
apply
to
the
director
for
a
hearing
3
or
unless
the
taxpayer
contests
the
determination
by
4
paying
the
tax,
interest,
and
penalty
and
timely
filing
5
a
claim
for
refund.
At
the
hearing,
evidence
may
be
6
offered
to
support
the
determination
or
to
prove
that
7
it
is
incorrect.
After
the
hearing
the
director
shall
8
give
notice
of
the
decision
to
the
person
liable
for
9
the
tax.
10
Sec.
102.
Section
424.10,
subsection
2,
paragraph
11
a,
Code
Supplement
2011,
is
amended
to
read
as
follows:
12
a.
If
a
return
required
by
this
chapter
is
not
13
filed,
or
if
a
return
when
filed
is
incorrect
or
14
insufficient
and
the
maker
fails
to
file
a
corrected
15
or
sufficient
return
within
twenty
days
after
the
16
return
is
required
by
notice
from
the
department
,
17
the
department
shall
determine
the
amount
of
charge
18
due
from
information
as
the
department
may
be
able
19
to
obtain
and,
if
necessary,
may
estimate
the
charge
20
on
the
basis
of
external
indices
or
factors.
The
21
department
shall
give
notice
of
the
determination
to
22
the
person
liable
for
the
charge.
The
determination
23
shall
fix
the
charge
unless
the
person
against
whom
it
24
is
assessed
shall,
within
sixty
days
after
the
date
of
25
the
notice
of
the
determination,
apply
to
the
director
26
for
a
hearing
or
unless
the
person
against
whom
it
27
is
assessed
contests
the
determination
by
paying
the
28
charge,
interest,
and
penalty
and
timely
filing
a
claim
29
for
refund.
At
the
hearing
evidence
may
be
offered
30
to
support
the
determination
or
to
prove
that
it
is
31
incorrect.
After
the
hearing
the
director
shall
give
32
notice
of
the
decision
to
the
person
liable
for
the
33
charge.
34
Sec.
103.
Section
427B.4,
Code
2011,
is
amended
to
35
read
as
follows:
36
427B.4
Application
for
exemption
by
property
owner.
37
1.
a.
An
application
shall
be
filed
for
each
38
project
resulting
in
actual
value
added
for
which
39
an
exemption
is
claimed.
The
first
application
40
for
exemption
shall
be
filed
by
the
owner
of
the
41
property
with
the
local
assessor
by
February1
of
the
42
assessment
year
in
which
the
value
added
is
first
43
assessed
for
taxation
for
which
the
exemption
is
first
44
claimed,
but
not
later
than
the
year
in
which
all
45
improvements
included
in
the
project
are
first
assessed
46
for
taxation,
or
the
following
two
assessment
years,
47
in
which
case
the
exemption
is
allowed
for
the
total
48
number
of
years
in
the
exemption
schedule
.
49
b.
Applications
for
exemption
shall
be
made
on
50
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forms
prescribed
by
the
director
of
revenue
and
shall
1
contain
information
pertaining
to
the
nature
of
the
2
improvement,
its
cost,
the
estimated
or
actual
date
of
3
completion,
whether
the
exemption
schedules
described
4
in
section
427B.3
or
an
alternate
schedule
adopted
5
pursuant
to
section
427B.1
will
be
elected,
and
any
6
other
information
deemed
necessary
by
the
director
of
7
revenue.
8
2.
a.
A
person
may
submit
a
proposal
to
the
city
9
council
of
the
city
or
the
board
of
supervisors
of
10
a
county
to
receive
prior
approval
for
eligibility
11
for
a
tax
exemption
on
new
construction.
The
city
12
council
or
the
board
of
supervisors,
by
ordinance,
may
13
give
its
prior
approval
of
a
tax
exemption
for
new
14
construction
if
the
new
construction
is
in
conformance
15
with
the
zoning
plans
for
the
city
or
county.
The
16
prior
approval
shall
also
be
subject
to
the
hearing
17
requirements
of
section
427B.1
.
18
b.
Prior
approval
received
under
this
subsection
19
does
not
entitle
the
owner
to
exemption
from
taxation
20
until
the
new
construction
has
been
completed
and
21
found
to
be
qualified
real
estate.
However,
if
the
22
tax
exemption
for
new
construction
is
not
approved,
23
the
person
may
submit
an
amended
proposal
to
the
city
24
council
or
board
of
supervisors
to
approve
or
reject.
25
Sec.
104.
REPEAL.
Sections
16.211,
16.212,
and
26
422.11X,
Code
2011,
are
repealed.
27
Sec.
105.
RETROACTIVE
APPLICABILITY.
The
following
28
provision
or
provisions
of
this
division
of
this
Act
29
apply
retroactively
to
January
1,
2012,
for
tax
years
30
beginning
on
or
after
that
date:
31
1.
The
section
of
this
division
of
this
Act
32
amending
section
422.15,
subsection
2.
33
Sec.
106.
RETROACTIVE
APPLICABILITY.
The
following
34
provision
or
provisions
of
this
division
of
this
Act
35
apply
retroactively
to
January
1,
2012,
for
assessment
36
years
beginning
on
or
after
that
date:
37
1.
The
section
of
this
division
of
this
Act
38
amending
section
427B.4.
39
DIVISION
VI
40
TIME
SERVED
41
Sec.
107.
Section
907.3,
subsection
3,
unnumbered
42
paragraph
1,
Code
Supplement
2011,
is
amended
to
read
43
as
follows:
44
By
record
entry
at
the
time
of
or
after
sentencing,
45
the
court
may
suspend
the
sentence
and
place
the
46
defendant
on
probation
upon
such
terms
and
conditions
47
as
it
may
require
including
commitment
to
an
alternate
48
jail
facility
or
a
community
correctional
residential
49
treatment
facility
to
be
followed
by
a
period
of
50
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probation
as
specified
in
section
907.7
,
or
commitment
1
of
the
defendant
to
the
judicial
district
department
2
of
correctional
services
for
supervision
or
services
3
under
section
901B.1
at
the
level
of
sanctions
which
4
the
district
department
determines
to
be
appropriate
5
and
the
payment
of
fees
imposed
under
section
905.14
.
6
A
person
so
committed
who
has
probation
revoked
shall
7
not
be
given
credit
for
such
time
served.
However,
the
8
a
person
committed
to
an
alternate
jail
facility
or
a
9
community
correctional
residential
treatment
facility
10
who
has
probation
revoked
shall
be
given
credit
for
11
time
served
in
the
facility.
The
court
shall
not
12
suspend
any
of
the
following
sentences:
13
Sec.
108.
APPLICABILITY
AND
WAIVER
OF
RIGHTS.
A
14
person
who
commits
an
offense
prior
to
the
effective
15
date
of
this
division
of
this
Act
may
expressly
state
16
to
the
court,
at
the
time
of
sentencing,
that
the
17
person
waives
any
rights
under
Anderson
v.
State,
801
18
N.W.2d
1,
relating
to
the
calculation
of
credit
for
19
time
served,
and
agree
to
be
sentenced
using
credits
20
as
calculated
under
section
907.3,
as
amended
by
this
21
division
of
this
Act.
If
the
court
finds
the
waiver
22
voluntary,
the
sentencing
order
shall
reference
the
23
person’s
waiver
of
rights
under
Anderson,
and
order
24
that
credit
for
time
served
be
calculated
under
section
25
907.3,
as
amended
by
this
division
of
this
Act.
26
Sec.
109.
EFFECTIVE
UPON
ENACTMENT.
This
division
27
of
this
Act,
being
deemed
of
immediate
importance,
28
takes
effect
upon
enactment.
29
DIVISION
VII
30
COUNTY
TREASURERS
31
Sec.
110.
Section
161A.35,
unnumbered
paragraph
1,
32
Code
2011,
is
amended
to
read
as
follows:
33
If
the
owner
of
any
premises
against
which
a
levy
34
exceeding
one
five
hundred
dollars
has
been
made
and
35
certified
shall,
within
thirty
days
from
the
date
of
36
such
levy,
agree
in
writing
in
a
separate
agreement,
37
that
in
consideration
of
having
a
right
to
pay
the
38
owner’s
assessment
in
installments,
the
owner
will
not
39
make
any
objection
as
to
the
legality
of
the
assessment
40
for
benefit,
or
the
levy
of
the
taxes
against
the
41
owner’s
property,
then
such
owner
shall
have
the
42
following
options:
43
Sec.
111.
Section
311.17,
subsection
1,
Code
2011,
44
is
amended
to
read
as
follows:
45
1.
If
an
owner
other
than
the
state
or
a
county
or
46
city,
of
any
tracts
of
land
on
which
the
assessment
47
is
more
than
one
five
hundred
dollars,
shall,
within
48
twenty
days
from
the
date
of
the
assessment,
agree
in
49
writing
filed
in
the
office
of
the
county
auditor,
50
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58
that
in
consideration
of
the
owner
having
the
right
1
to
pay
the
assessment
in
installments,
the
owner
will
2
not
make
any
objection
of
illegality
or
irregularity
3
as
to
the
assessment
upon
the
real
estate,
and
will
4
pay
the
assessment
plus
interest,
the
assessment
5
shall
be
payable
in
ten
equal
installments.
The
6
first
installment
shall
be
payable
on
the
date
of
7
the
agreement.
The
other
installments
shall
be
paid
8
annually
at
the
same
time
and
in
the
same
manner
9
as
the
September
semiannual
payment
of
ordinary
10
taxes
with
interest
accruing
as
provided
in
section
11
384.65,
subsection
3
.
The
rate
of
interest
shall
be
12
as
established
by
the
board,
but
not
exceeding
that
13
permitted
by
chapter
74A
.
14
Sec.
112.
Section
311.19,
unnumbered
paragraph
1,
15
Code
2011,
is
amended
to
read
as
follows:
16
Assessments
of
one
five
hundred
dollars
or
less
17
against
any
tract
of
land,
and
assessments
against
18
lands
owned
by
the
state,
county
,
or
city,
shall
be
19
due
and
payable
from
the
date
of
levy
by
the
board
of
20
supervisors,
or
in
the
case
of
any
appeal,
from
the
21
date
of
final
confirmation
of
the
levy
by
the
court.
22
Sec.
113.
Section
331.384,
subsection
3,
Code
2011,
23
is
amended
to
read
as
follows:
24
3.
If
any
amount
assessed
against
property
under
25
this
section
exceeds
one
five
hundred
dollars,
a
county
26
may
permit
the
assessment
to
be
paid
in
up
to
ten
27
annual
installments
in
the
same
manner
and
with
the
28
same
interest
rates
provided
for
assessments
against
29
benefited
property
under
chapter
384,
division
IV
.
30
Sec.
114.
Section
357.20,
Code
2011,
is
amended
to
31
read
as
follows:
32
357.20
Due
date
——
bonds.
33
Assessments
of
less
than
one
five
hundred
dollars
34
or
less
will
come
due
at
the
first
taxpaying
date
35
after
the
approval
of
the
final
assessment,
and
36
assessments
of
one
hundred
dollars
or
more
than
five
37
hundred
dollars
may
be
paid
in
ten
annual
installments
38
with
interest
on
the
unpaid
balance
at
a
rate
not
39
exceeding
that
permitted
by
chapter
74A
.
The
board
of
40
supervisors
shall
issue
bonds
against
the
completed
41
assessment
in
an
amount
equal
to
the
total
cost
of
the
42
project,
so
that
the
amount
of
the
assessment
will
be
43
approximately
ten
percent
greater
than
the
amount
of
44
the
bonds.
45
Sec.
115.
Section
358.16,
subsection
3,
Code
2011,
46
is
amended
to
read
as
follows:
47
3.
If
any
amount
assessed
against
property
pursuant
48
to
this
section
will
exceed
one
five
hundred
dollars,
49
the
board
of
trustees
may
permit
the
assessment
to
be
50
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paid
in
up
to
ten
annual
installments,
in
the
manner
1
and
with
the
same
interest
rates
as
provided
for
2
assessments
against
benefited
property
under
chapter
3
384,
division
IV
.
4
Sec.
116.
Section
364.13,
Code
2011,
is
amended
to
5
read
as
follows:
6
364.13
Installments.
7
If
any
amount
assessed
against
property
under
8
section
364.12
will
exceed
one
five
hundred
dollars,
a
9
city
may
permit
the
assessment
to
be
paid
in
up
to
ten
10
annual
installments,
in
the
same
manner
and
with
the
11
same
interest
rates
provided
for
assessments
against
12
benefited
property
under
chapter
384,
division
IV
.
13
Sec.
117.
Section
384.60,
subsection
1,
paragraph
14
b,
Code
2011,
is
amended
to
read
as
follows:
15
b.
State
the
number
of
annual
installments,
not
16
exceeding
fifteen,
into
which
assessments
of
one
more
17
than
five
hundred
dollars
or
more
are
divided.
18
Sec.
118.
Section
384.65,
subsection
1,
Code
2011,
19
is
amended
to
read
as
follows:
20
1.
The
first
installment
of
each
assessment,
or
21
the
total
amount
if
less
than
one
five
hundred
dollars
22
or
less
,
is
due
and
payable
on
July
1
next
succeeding
23
the
date
of
the
levy,
unless
the
assessment
is
filed
24
with
the
county
treasurer
after
May
31
in
any
year.
25
The
first
installment
shall
bear
interest
on
the
26
whole
unpaid
assessment
from
the
date
of
acceptance
of
27
the
work
by
the
council
to
the
first
day
of
December
28
following
the
due
date.
29
Sec.
119.
Section
435.24,
subsection
6,
paragraph
30
b,
Code
2011,
is
amended
to
read
as
follows:
31
b.
Partial
payment
of
taxes
which
are
delinquent
32
may
be
made
to
the
county
treasurer.
For
the
33
installment
being
paid,
payment
shall
first
be
applied
34
toward
any
interest,
fees,
and
costs
accrued
and
the
35
remainder
applied
to
the
tax
due.
A
partial
payment
36
must
equal
or
exceed
the
interest,
fees,
and
costs
of
37
the
installment
being
paid.
A
partial
payment
made
38
under
this
paragraph
shall
be
apportioned
in
accordance
39
with
section
445.57
,
however,
such
partial
payment
40
may,
at
the
discretion
of
the
county
treasurer,
be
41
apportioned
either
on
or
before
the
tenth
day
of
the
42
month
following
the
receipt
of
the
partial
payment
43
or
on
or
before
the
tenth
day
of
the
month
following
44
the
due
date
of
the
next
semiannual
tax
installment
.
45
If
the
payment
does
not
include
the
whole
of
any
46
installment
of
the
delinquent
tax,
the
unpaid
tax
47
shall
continue
to
accrue
interest
pursuant
to
section
48
445.39
.
Partial
payment
shall
not
be
permitted
in
lieu
49
of
redemption
if
the
property
has
been
sold
for
taxes
50
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under
chapter
446
and
under
any
circumstances
shall
not
1
constitute
an
extension
of
the
time
period
for
a
sale
2
under
chapter
446
.
3
Sec.
120.
Section
445.36A,
subsection
2,
Code
2011,
4
is
amended
to
read
as
follows:
5
2.
Partial
payment
of
taxes
which
are
delinquent
6
may
be
made
to
the
county
treasurer.
For
the
7
installment
being
paid,
payment
shall
first
be
applied
8
to
any
interest,
fees,
and
costs
accrued
and
the
9
remainder
applied
to
the
taxes
due.
A
partial
payment
10
must
equal
or
exceed
the
amount
of
interest,
fees,
and
11
costs
of
the
installment
being
paid.
A
partial
payment
12
made
under
this
subsection
shall
be
apportioned
in
13
accordance
with
section
445.57
,
however,
such
partial
14
payment
may,
at
the
discretion
of
the
county
treasurer,
15
be
apportioned
either
on
or
before
the
tenth
day
of
16
the
month
following
the
receipt
of
the
partial
payment
17
or
on
or
before
the
tenth
day
of
the
month
following
18
the
due
date
of
the
next
semiannual
tax
installment
.
19
If
the
payment
does
not
include
the
whole
of
any
20
installment
of
the
delinquent
tax,
the
unpaid
tax
21
shall
continue
to
accrue
interest
pursuant
to
section
22
445.39
.
Partial
payment
shall
not
be
permitted
in
lieu
23
of
redemption
if
the
property
has
been
sold
for
taxes
24
under
chapter
446
and
under
any
circumstances
shall
not
25
constitute
an
extension
of
the
time
period
for
a
sale
26
under
chapter
446
.
27
Sec.
121.
Section
445.57,
unnumbered
paragraph
1,
28
Code
2011,
is
amended
to
read
as
follows:
29
On
or
before
the
tenth
day
of
each
month,
the
county
30
treasurer
shall
apportion
all
taxes
collected
during
31
the
preceding
month,
except
partial
payment
amounts
32
collected
pursuant
to
section
445.36A,
subsection
1
and
,
33
partial
payments
collected
and
not
yet
designated
34
by
the
county
treasurer
for
apportionment
pursuant
35
to
section
445.36A,
subsection
2,
partial
payments
36
collected
pursuant
to
section
435.24,
subsection
37
6
,
paragraph
“a”
,
and
partial
payments
collected
38
and
not
yet
designated
by
the
county
treasurer
for
39
apportionment
pursuant
to
section
435.24,
subsection
40
6,
paragraph
“b”
,
among
the
several
funds
to
which
they
41
belong
according
to
the
amount
levied
for
each
fund,
42
and
shall
apportion
the
interest,
fees,
and
costs
on
43
the
taxes
to
the
general
fund,
and
shall
enter
those
44
amounts
upon
the
treasurer’s
cash
account,
and
report
45
the
amounts
to
the
county
auditor.
46
Sec.
122.
Section
446.32,
Code
2011,
is
amended
to
47
read
as
follows:
48
446.32
Payment
of
subsequent
taxes
by
purchaser.
49
The
county
treasurer
shall
provide
to
the
purchaser
50
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58
of
a
parcel
sold
at
tax
sale
a
receipt
for
the
total
1
amount
paid
by
the
purchaser
after
the
date
of
purchase
2
for
a
subsequent
year.
Taxes
for
a
subsequent
year
3
may
be
paid
by
the
purchaser
beginning
one
month
4
and
fourteen
days
following
the
date
from
which
an
5
installment
becomes
delinquent
as
provided
in
section
6
445.37
.
Notwithstanding
any
provision
to
the
contrary,
7
a
subsequent
payment
must
be
received
and
recorded
8
by
the
treasurer
in
the
county
system
no
later
than
9
five
5:00
p.m.
on
the
last
business
day
of
the
month
10
for
interest
for
that
month
to
accrue
and
be
added
11
to
the
amount
due
under
section
447.1
.
However,
the
12
treasurer
may
establish
a
deadline
for
receipt
of
13
subsequent
payments
that
is
other
than
five
5:00
p.m.
14
on
the
last
business
day
of
the
month
to
allow
for
15
timely
processing
of
the
subsequent
payments.
Late
16
interest
shall
be
calculated
through
the
date
that
the
17
subsequent
payment
is
recorded
by
the
treasurer
in
18
the
county
system.
In
no
instance
shall
the
date
of
19
postmark
of
a
subsequent
payment
be
used
by
a
treasurer
20
either
to
calculate
interest
or
to
determine
whether
21
interest
shall
accrue
on
the
subsequent
payment.
22
Sec.
123.
Section
468.57,
subsection
1,
Code
23
Supplement
2011,
is
amended
to
read
as
follows:
24
1.
If
the
owner
of
any
land
against
which
a
levy
25
exceeding
one
five
hundred
dollars
has
been
made
and
26
certified
shall,
within
thirty
days
from
the
date
27
of
such
levy,
agree
in
writing
endorsed
upon
any
28
improvement
certificate
referred
to
in
section
468.70
,
29
or
in
a
separate
agreement,
that
in
consideration
30
of
having
a
right
to
pay
the
owner’s
assessment
in
31
installments,
the
owner
will
not
make
any
objection
as
32
to
the
legality
of
the
assessment
for
benefit,
or
the
33
levy
of
the
taxes
against
the
property,
then
such
owner
34
shall
have
the
following
options:
35
a.
To
pay
one-third
of
the
amount
of
the
assessment
36
at
the
time
of
filing
the
agreement;
one-third
within
37
twenty
days
after
the
engineer
in
charge
certifies
to
38
the
auditor
that
the
improvement
is
one-half
completed;
39
and
the
remaining
one-third
within
twenty
days
after
40
the
improvement
has
been
completed
and
accepted
by
the
41
board.
All
installments
shall
be
without
interest
if
42
paid
at
said
times,
otherwise
the
assessments
shall
43
bear
interest
from
the
date
of
the
levy
at
a
rate
44
determined
by
the
board
notwithstanding
chapter
74A
,
45
payable
annually,
and
be
collected
as
other
taxes
on
46
real
estate,
with
like
interest
for
delinquency.
47
b.
To
pay
the
assessments
in
not
less
than
ten
nor
48
more
than
twenty
equal
installments,
with
the
number
49
of
payments
and
interest
rate
determined
by
the
board,
50
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58
notwithstanding
chapter
74A
.
The
first
installment
1
of
each
assessment,
or
the
total
amount
if
less
than
2
one
five
hundred
dollars
or
less
,
is
due
and
payable
3
on
July
1
next
succeeding
the
date
of
the
levy,
unless
4
the
assessment
is
filed
with
the
county
treasurer
5
after
May
31
in
any
year.
The
first
installment
shall
6
bear
interest
on
the
whole
unpaid
assessment
from
the
7
date
of
the
levy
as
set
by
the
board
to
the
first
day
8
of
December
following
the
due
date.
The
succeeding
9
annual
installments,
with
interest
on
the
whole
unpaid
10
amount,
to
the
first
day
of
December
following
the
due
11
date,
are
respectively
due
on
July
1
annually,
and
must
12
be
paid
at
the
same
time
and
in
the
same
manner
as
13
the
first
semiannual
payment
of
ordinary
taxes.
All
14
future
installments
of
an
assessment
may
be
paid
on
15
any
date
by
payment
of
the
then
outstanding
balance
16
plus
interest
to
the
next
December
1,
or
additional
17
annual
installments
may
be
paid
after
the
current
18
installment
has
been
paid
before
December
1
without
19
interest.
A
payment
must
be
for
the
full
amount
of
20
the
next
installment.
If
installments
remain
to
be
21
paid,
the
next
annual
installment
with
interest
added
22
to
December
1
will
be
due.
After
December
1,
if
a
23
drainage
assessment
is
not
delinquent,
a
property
owner
24
may
pay
one-half
or
all
of
the
next
annual
installment
25
of
principal
and
interest
of
a
drainage
assessment
26
prior
to
the
delinquency
date
of
the
installment.
27
When
the
next
installment
has
been
paid
in
full,
28
successive
principal
installments
may
be
prepaid.
29
The
county
treasurer
shall
accept
the
payments
of
the
30
drainage
assessment,
and
shall
credit
the
next
annual
31
installment
or
future
installments
of
the
drainage
32
assessment
to
the
extent
of
the
payment
or
payments,
33
and
shall
remit
the
payments
to
the
drainage
fund.
If
34
a
property
owner
elects
to
pay
one
or
more
principal
35
installments
in
advance,
the
pay
schedule
shall
be
36
advanced
by
the
number
of
principal
installments
37
prepaid.
Each
installment
of
an
assessment
with
38
interest
on
the
unpaid
balance
is
delinquent
from
39
October
1
after
its
due
date.
However,
when
the
last
40
day
of
September
is
a
Saturday
or
Sunday,
that
amount
41
shall
be
delinquent
from
the
second
business
day
of
42
October.
Taxes
assessed
pursuant
to
this
chapter
43
which
become
delinquent
shall
bear
the
same
delinquent
44
interest
as
ordinary
taxes.
When
collected,
the
45
interest
must
be
credited
to
the
same
drainage
fund
as
46
the
drainage
special
assessment.
47
DIVISION
VIII
48
BOARDS
AND
COMMISSIONS
49
Sec.
124.
Section
28B.1,
subsection
1,
unnumbered
50
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HF2465.6104.S
(1)
84
jh
40/
58
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
1
The
In
accordance
with
a
resolution
adopted
for
2
this
purpose
by
the
legislative
council,
an
Iowa
3
commission
on
interstate
cooperation
is
hereby
4
established
shall
be
appointed
to
address
the
charge
5
and
other
responsibilities
for
the
commission
outlined
6
in
the
resolution
.
It
The
commission
shall
consist
of
7
thirteen
members
to
be
appointed
as
follows:
8
Sec.
125.
Section
28B.4,
Code
2011,
is
amended
to
9
read
as
follows:
10
28B.4
Report.
11
1.
The
commission
shall
report
to
the
governor
12
and
to
the
legislature
within
fifteen
days
after
the
13
convening
of
each
general
assembly
general
assembly
in
14
accordance
with
the
commission’s
charge
,
and
at
may
15
report
at
other
times
as
it
deems
deemed
appropriate
by
16
the
commission
.
17
2.
Its
The
commission’s
members
and
the
members
of
18
all
committees
which
it
establishes
shall
be
reimbursed
19
for
their
travel
and
other
necessary
expenses
in
20
carrying
out
their
obligations
under
this
chapter
21
and
legislative
members
shall
be
paid
a
per
diem
22
as
specified
in
section
7E.6
for
each
day
in
which
23
engaged
in
the
performance
of
their
duties,
the
per
24
diem
and
legislators’
expenses
to
be
paid
from
funds
25
appropriated
by
sections
2.10
and
2.12
.
Expenses
of
26
administrative
officers,
state
officials,
or
state
27
employees
who
are
members
of
the
Iowa
commission
on
28
interstate
cooperation
or
a
committee
appointed
by
the
29
commission
shall
be
paid
from
funds
appropriated
to
the
30
agencies
or
departments
which
persons
represent
except
31
as
may
otherwise
be
provided
by
the
general
assembly.
32
Expenses
of
citizen
members
who
may
be
appointed
to
33
committees
of
the
commission
may
be
paid
from
funds
as
34
authorized
by
the
general
assembly.
Expenses
of
the
35
secretary
or
employees
of
the
secretary
and
support
36
services
in
connection
with
the
administration
of
the
37
commission
shall
be
paid
from
funds
appropriated
to
the
38
legislative
services
agency
unless
otherwise
provided
39
by
the
general
assembly.
Expenses
of
commission
40
members
shall
be
paid
upon
approval
of
the
chairperson
41
or
the
secretary
of
the
commission.
42
Sec.
126.
Section
216A.132,
subsection
1,
paragraph
43
c,
Code
2011,
is
amended
to
read
as
follows:
44
c.
(1)
The
chief
justice
of
the
supreme
court
45
shall
designate
one
member
who
is
a
district
judge
and
46
one
member
who
is
either
a
district
associate
judge
or
47
associate
juvenile
judge.
The
chairperson
and
ranking
48
member
of
the
senate
committee
on
judiciary
shall
be
49
members.
In
alternating
four-year
intervals,
the
50
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58
chairperson
and
ranking
member
of
the
house
committee
1
on
judiciary
or
of
the
house
committee
on
public
2
safety
shall
be
members,
with
the
chairperson
and
3
ranking
member
of
the
house
committee
on
public
safety
4
serving
during
the
initial
interval.
Nonlegislative
5
The
members
appointed
pursuant
to
this
paragraph
6
subparagraph
shall
serve
as
ex
officio,
nonvoting
7
members
for
four-year
terms
beginning
and
ending
as
8
provided
in
section
69.19
,
unless
the
member
ceases
to
9
serve
as
a
district
court
judge.
10
(2)
The
chairperson
and
ranking
member
of
the
11
senate
committee
on
judiciary
shall
be
ex
officio,
12
nonvoting
members.
In
alternating
two-year
terms,
13
beginning
and
ending
as
provided
in
section
69.16B,
the
14
chairperson
and
ranking
member
of
the
house
committee
15
on
judiciary
or
of
the
house
committee
on
public
16
safety
shall
be
ex
officio,
nonvoting
members,
with
the
17
chairperson
and
ranking
member
of
the
house
committee
18
on
public
safety
serving
during
the
term
beginning
in
19
January
2011.
20
Sec.
127.
REPEAL.
Section
249A.36,
Code
2011,
is
21
repealed.
22
DIVISION
IX
23
ALLOWABLE
GROWTH
24
Sec.
128.
Section
257.8,
subsection
1,
Code
25
Supplement
2011,
is
amended
to
read
as
follows:
26
1.
State
percent
of
growth.
The
state
percent
of
27
growth
for
the
budget
year
beginning
July
1,
2010,
28
is
two
percent.
The
state
percent
of
growth
for
the
29
budget
year
beginning
July
1,
2012,
is
two
percent.
30
The
state
percent
of
growth
for
the
budget
year
31
beginning
July
1,
2013,
is
four
percent.
The
state
32
percent
of
growth
for
each
subsequent
budget
year
shall
33
be
established
by
statute
which
shall
be
enacted
within
34
thirty
days
of
the
submission
in
the
year
preceding
the
35
base
year
of
the
governor’s
budget
under
section
8.21
.
36
The
establishment
of
the
state
percent
of
growth
for
37
a
budget
year
shall
be
the
only
subject
matter
of
the
38
bill
which
enacts
the
state
percent
of
growth
for
a
39
budget
year.
40
Sec.
129.
Section
257.8,
subsection
2,
Code
41
Supplement
2011,
is
amended
to
read
as
follows:
42
2.
Categorical
state
percent
of
growth.
The
43
categorical
state
percent
of
growth
for
the
budget
44
year
beginning
July
1,
2010,
is
two
percent.
The
45
categorical
state
percent
of
growth
for
the
budget
46
year
beginning
July
1,
2012,
is
two
percent.
The
47
categorical
state
percent
of
growth
for
the
budget
48
year
beginning
July
1,
2013,
is
four
percent.
The
49
categorical
state
percent
of
growth
for
each
budget
50
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year
shall
be
established
by
statute
which
shall
1
be
enacted
within
thirty
days
of
the
submission
in
2
the
year
preceding
the
base
year
of
the
governor’s
3
budget
under
section
8.21
.
The
establishment
of
the
4
categorical
state
percent
of
growth
for
a
budget
year
5
shall
be
the
only
subject
matter
of
the
bill
which
6
enacts
the
categorical
state
percent
of
growth
for
a
7
budget
year.
The
categorical
state
percent
of
growth
8
may
include
state
percents
of
growth
for
the
teacher
9
salary
supplement,
the
professional
development
10
supplement,
and
the
early
intervention
supplement.
11
Sec.
130.
EFFECTIVE
UPON
ENACTMENT.
This
division
12
of
this
Act,
being
deemed
of
immediate
importance,
13
takes
effect
upon
enactment.
14
Sec.
131.
APPLICABILITY.
This
division
of
this
Act
15
is
applicable
for
computing
state
aid
under
the
state
16
school
foundation
program
for
the
school
budget
year
17
beginning
July
1,
2013.
18
Sec.
132.
CODE
SECTION
257.8
——
IMPLEMENTATION.
19
The
requirements
of
section
257.8
regarding
the
20
enactment
of
the
regular
program
state
percent
of
21
growth
and
categorical
state
percent
of
growth
within
22
thirty
days
of
the
submission
in
the
year
preceding
the
23
base
year
of
the
governor’s
budget
and
the
requirements
24
that
the
subject
matter
of
each
bill
establishing
25
the
state
percent
of
growth
or
the
categorical
state
26
percent
of
growth
be
the
only
subject
matter
of
the
27
bill
do
not
apply
to
this
division
of
this
Act.
28
DIVISION
X
29
CITY
FRANCHISE
FEES
30
Sec.
133.
Section
364.2,
subsection
4,
paragraph
f,
31
Code
2011,
is
amended
to
read
as
follows:
32
f.
(1)
(a)
A
franchise
fee
assessed
by
a
city
may
33
be
based
upon
a
percentage
of
gross
revenues
generated
34
from
sales
of
the
franchisee
within
the
city
not
to
35
exceed
five
percent,
except
as
provided
in
subparagraph
36
division
(b),
without
regard
to
the
city’s
cost
of
37
inspecting,
supervising,
and
otherwise
regulating
the
38
franchise.
39
(b)
For
franchise
fees
assessed
and
collected
40
during
fiscal
years
beginning
on
or
after
July
1,
41
2012,
but
before
July
1,
2030,
by
a
city
that
is
the
42
subject
of
a
judgment,
court-approved
settlement,
or
43
court-approved
compromise
providing
for
payment
of
44
restitution,
a
refund,
or
a
return
described
in
section
45
384.3A,
subsection
3,
paragraph
“j”
,
the
rate
of
the
46
franchise
fee
shall
not
exceed
seven
and
one-half
47
percent
of
gross
revenues
generated
from
sales
of
the
48
franchisee
in
the
city,
and
franchise
fee
amounts
49
assessed
and
collected
during
such
fiscal
years
in
50
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excess
of
five
percent
of
gross
revenues
generated
1
from
sales
shall
be
used
solely
for
the
purpose
2
specified
in
section
384.3A,
subsection
3,
paragraph
3
“j”
.
A
city
may
assess
and
collect
a
franchise
fee
4
in
excess
of
five
percent
of
gross
revenues
generated
5
from
the
sales
of
the
franchisee
pursuant
to
this
6
subparagraph
division
(b)
for
a
period
not
to
exceed
7
seven
consecutive
fiscal
years
once
the
franchise
fee
8
is
first
imposed
at
a
rate
in
excess
of
five
percent.
9
This
subparagraph
division
is
repealed
July
1,
2030.
10
(2)
Franchise
fees
collected
pursuant
to
an
11
ordinance
in
effect
on
May
26,
2009,
shall
be
deposited
12
in
the
city’s
general
fund
and
such
fees
collected
in
13
excess
of
the
amounts
necessary
to
inspect,
supervise,
14
and
otherwise
regulate
the
franchise
may
be
used
by
15
the
city
for
any
other
purpose
authorized
by
law.
16
Franchise
fees
collected
pursuant
to
an
ordinance
17
that
is
adopted
or
amended
on
or
after
May
26,
2009,
18
to
increase
the
percentage
rate
at
which
franchise
19
fees
are
assessed
shall
be
credited
to
the
franchise
20
fee
account
within
the
city’s
general
fund
and
used
21
pursuant
to
section
384.3A
.
If
a
city
franchise
fee
22
is
assessed
to
customers
of
a
franchise,
the
fee
shall
23
not
be
assessed
to
the
city
as
a
customer.
Before
a
24
city
adopts
or
amends
a
franchise
fee
rate
ordinance
25
or
franchise
ordinance
to
increase
the
percentage
26
rate
at
which
franchise
fees
are
assessed,
a
revenue
27
purpose
statement
shall
be
prepared
specifying
the
28
purpose
or
purposes
for
which
the
revenue
collected
29
from
the
increased
rate
will
be
expended.
If
property
30
tax
relief
is
listed
as
a
purpose,
the
revenue
purpose
31
statement
shall
also
include
information
regarding
the
32
amount
of
the
property
tax
relief
to
be
provided
with
33
revenue
collected
from
the
increased
rate.
The
revenue
34
purpose
statement
shall
be
published
as
provided
in
35
section
362.3
.
36
Sec.
134.
Section
384.3A,
subsection
3,
Code
2011,
37
is
amended
by
adding
the
following
new
paragraph:
38
NEW
PARAGRAPH
.
j.
For
franchise
fees
assessed
39
and
collected
by
a
city
in
excess
of
five
percent
of
40
gross
revenues
generated
from
sales
of
the
franchisee
41
within
the
city
pursuant
to
section
364.2,
subsection
42
4,
paragraph
“f”,
subparagraph
(1),
subparagraph
43
division
(b),
during
fiscal
years
beginning
on
or
after
44
July
1,
2012,
but
before
July
1,
2030,
the
adjustment,
45
renewing,
or
extension
of
any
part
or
all
of
the
legal
46
indebtedness
of
a
city,
whether
evidenced
by
bonds,
47
warrants,
court-approved
settlements,
court-approved
48
compromises,
or
judgments,
or
the
funding
or
refunding
49
of
the
same,
if
such
legal
indebtedness
relates
to
50
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restitution,
a
refund,
or
a
return
ordered
by
a
court
1
of
competent
jurisdiction
for
franchise
fees
assessed
2
and
collected
by
the
city
before
the
effective
date
of
3
this
division
of
this
Act.
This
paragraph
is
repealed
4
July
1,
2030.
5
Sec.
135.
EFFECTIVE
UPON
ENACTMENT.
This
division
6
of
this
Act,
being
deemed
of
immediate
importance,
7
takes
effect
upon
enactment.
8
DIVISION
XI
9
EXTERNAL
REVIEW
OF
HEALTH
CARE
COVERAGE
DECISIONS
10
Sec.
136.
Section
514J.102,
subsections
1
and
10,
11
Code
Supplement
2011,
are
amended
to
read
as
follows:
12
1.
“Adverse
determination”
means
a
determination
13
by
a
health
carrier
that
an
admission,
availability
14
of
care,
continued
stay,
or
other
health
care
service
15
that
is
a
covered
benefit
has
been
reviewed
and,
16
based
upon
the
information
provided,
does
not
meet
the
17
health
carrier’s
requirements
for
medical
necessity,
18
appropriateness,
health
care
setting,
level
of
19
care,
or
effectiveness,
and
the
requested
service
or
20
payment
for
the
service
is
therefore
denied,
reduced,
21
or
terminated.
“Adverse
determination”
includes
a
22
denial
of
coverage
for
a
dental
care
service
that
is
23
a
covered
benefit
that
has
been
reviewed
and,
based
24
upon
the
information
provided,
does
not
meet
the
health
25
carrier’s
requirements
for
medical
necessity,
and
26
the
requested
service
or
payment
for
the
dental
care
27
service
is
therefore
denied,
reduced,
or
terminated,
28
in
whole
or
in
part.
“Adverse
determination”
does
not
29
include
a
denial
of
coverage
for
a
service
or
treatment
30
specifically
listed
in
plan
or
evidence
of
coverage
31
documents
as
excluded
from
coverage.
32
10.
“Covered
benefits”
or
“benefits”
means
those
33
health
care
services
and
dental
care
services
to
which
34
a
covered
person
is
entitled
under
the
terms
of
a
35
health
benefit
plan.
36
Sec.
137.
Section
514J.102,
Code
Supplement
2011,
37
is
amended
by
adding
the
following
new
subsection:
38
NEW
SUBSECTION
.
11A.
“Dental
care
services”
means
39
services
for
diagnostic,
preventive,
maintenance,
and
40
therapeutic
dental
care
that
is
provided
under
chapter
41
153.
42
Sec.
138.
Section
514J.103,
subsection
1,
Code
43
Supplement
2011,
is
amended
to
read
as
follows:
44
1.
Except
as
provided
in
subsection
2
,
this
chapter
45
shall
apply
to
all
health
carriers
,
including
health
46
carriers
issuing
a
policy
or
certificate
that
provides
47
coverage
for
dental
care
.
48
Sec.
139.
Section
514J.103,
subsection
2,
paragraph
49
a,
Code
Supplement
2011,
is
amended
to
read
as
follows:
50
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58
a.
A
policy
or
certificate
that
provides
coverage
1
only
for
a
specified
disease,
specified
accident
or
2
accident-only,
credit,
disability
income,
hospital
3
indemnity,
long-term
care,
dental
care,
vision
care,
or
4
any
other
limited
supplemental
benefit.
5
DIVISION
XII
6
EARLY
INTERVENTION
BLOCK
GRANT
PROGRAM
7
Sec.
140.
REPEAL.
Section
256D.9,
Code
2011,
is
8
repealed.
9
Sec.
141.
EFFECTIVE
DATE.
This
division
of
this
10
Act
takes
effect
June
30,
2012.
11
DIVISION
XIII
12
JUVENILE
OFFENDERS
13
Sec.
142.
Section
232.8,
subsection
1,
paragraph
c,
14
Code
2011,
is
amended
to
read
as
follows:
15
c.
Violations
by
a
child,
aged
sixteen
or
older,
16
which
subject
the
child
to
the
provisions
of
section
17
124.401,
subsection
1
,
paragraph
“e”
or
“f”
,
or
18
violations
of
section
723A.2
which
involve
a
violation
19
of
chapter
724
,
or
violation
of
chapter
724
which
20
constitutes
a
felony,
or
violations
which
constitute
21
a
forcible
felony
are
excluded
from
the
jurisdiction
22
of
the
juvenile
court
and
shall
be
prosecuted
as
23
otherwise
provided
by
law
unless
the
district
court
24
transfers
jurisdiction
of
the
child
to
the
juvenile
25
court
upon
motion
and
for
good
cause
pursuant
to
26
section
803.6
.
A
child
over
whom
jurisdiction
has
not
27
been
transferred
to
the
juvenile
court,
and
who
is
28
convicted
of
a
violation
excluded
from
the
jurisdiction
29
of
the
juvenile
court
under
this
paragraph,
shall
be
30
sentenced
pursuant
to
section
124.401B
,
902.9
,
or
31
903.1
.
Notwithstanding
any
other
provision
of
the
32
Code
to
the
contrary,
the
district
court
may
accept
33
from
a
child
in
district
court
a
plea
of
guilty,
or
34
may
instruct
the
jury
on
a
lesser
included
offense
35
to
the
offense
excluded
from
the
jurisdiction
of
the
36
juvenile
court
under
this
section
,
in
the
same
manner
37
as
regarding
an
adult.
The
judgment
and
sentence
of
38
a
child
in
district
court
shall
be
as
provided
in
39
section
901.5.
However,
the
juvenile
court
shall
40
have
exclusive
original
jurisdiction
in
a
proceeding
41
concerning
an
offense
of
animal
torture
as
provided
in
42
section
717B.3A
alleged
to
have
been
committed
by
a
43
child
under
the
age
of
seventeen.
44
Sec.
143.
Section
232.8,
subsection
3,
paragraph
a,
45
Code
2011,
is
amended
to
read
as
follows:
46
a.
The
juvenile
court,
after
a
hearing
and
in
47
accordance
with
the
provisions
of
section
232.45
,
may
48
waive
jurisdiction
of
a
child
alleged
to
have
committed
49
a
public
offense
so
that
the
child
may
be
prosecuted
50
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58
as
an
adult
or
youthful
offender
for
such
offense
in
1
another
court.
If
the
child
,
except
a
child
being
2
prosecuted
as
a
youthful
offender,
pleads
guilty
or
is
3
found
guilty
of
a
public
offense
other
than
a
class
“A”
4
felony
in
another
court
of
this
state,
that
court
may
5
suspend
the
sentence
or,
with
the
consent
of
the
child,
6
defer
judgment
and
without
regard
to
restrictions
7
placed
upon
deferred
judgments
for
adults,
place
the
8
child
on
probation
for
a
period
of
not
less
than
one
9
year
upon
such
conditions
as
it
may
require.
Upon
10
fulfillment
of
the
conditions
of
probation,
a
child
11
who
receives
a
deferred
judgment
shall
be
discharged
12
without
entry
of
judgment.
A
child
prosecuted
as
13
a
youthful
offender
shall
be
sentenced
pursuant
to
14
section
907.3A.
15
Sec.
144.
Section
232.45,
subsection
6,
unnumbered
16
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
17
At
the
conclusion
of
the
waiver
hearing
the
court
18
may
waive
its
jurisdiction
over
the
child
for
the
19
alleged
commission
of
the
public
offense
for
the
20
purpose
of
prosecution
of
the
child
as
an
adult
if
all
21
of
the
following
apply:
22
Sec.
145.
Section
232.45,
subsection
7,
paragraph
23
a,
subparagraph
(1),
Code
2011,
is
amended
to
read
as
24
follows:
25
(1)
The
child
is
twelve
through
fifteen
years
of
26
age
or
younger
the
child
is
ten
or
eleven
years
of
age
27
and
has
been
charged
with
a
public
offense
that
would
28
be
classified
as
a
class
“A”
felony
if
committed
by
an
29
adult
.
30
Sec.
146.
Section
232.45A,
subsections
2
and
3,
31
Code
2011,
are
amended
to
read
as
follows:
32
2.
Once
a
child
sixteen
years
of
age
or
older
33
has
been
waived
to
and
convicted
of
an
aggravated
34
misdemeanor
or
a
felony
in
by
the
juvenile
court
to
the
35
district
court,
all
subsequent
criminal
proceedings
36
against
the
child
for
any
aggravated
misdemeanor
37
or
felony
occurring
subsequent
to
the
date
of
the
38
conviction
of
the
child
for
any
delinquent
act
39
committed
after
the
date
of
the
waiver
by
the
juvenile
40
court
shall
begin
in
district
court,
notwithstanding
41
sections
232.8
and
232.45.
A
copy
of
the
findings
42
required
by
section
232.45,
subsection
10,
shall
43
be
made
a
part
of
the
record
in
the
district
court
44
proceedings.
However,
upon
acquittal
or
dismissal
45
in
district
court
of
all
waived
offenses
and
all
46
lesser
included
offenses
of
the
waived
offenses,
the
47
proceedings
for
any
delinquent
act
committed
by
the
48
child
subsequent
to
such
acquittal
or
dismissal
shall
49
begin
in
juvenile
court.
Any
proceedings
initiated
in
50
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district
court
for
a
public
offense
committed
by
the
1
child
subsequent
to
the
waiver
by
the
juvenile
court,
2
but
prior
to
any
acquittal
or
dismissal
of
all
waived
3
offenses
and
lesser
included
offenses
in
district
4
court,
shall
remain
in
district
court.
5
3.
If
proceedings
against
a
child
for
an
aggravated
6
misdemeanor
or
a
felony
sixteen
years
of
age
or
older
7
who
has
previously
been
waived
to
and
convicted
of
8
an
aggravated
misdemeanor
or
a
felony
in
the
district
9
court
are
mistakenly
begun
in
the
juvenile
court,
the
10
matter
shall
be
transferred
to
district
court
upon
11
the
discovery
of
the
prior
waiver
and
conviction,
12
notwithstanding
sections
232.8
and
232.45
.
13
Sec.
147.
Section
232.50,
subsection
1,
Code
2011,
14
is
amended
to
read
as
follows:
15
1.
As
soon
as
practicable
following
the
entry
16
of
an
order
of
adjudication
pursuant
to
section
17
232.47
or
notification
that
the
child
has
received
a
18
youthful
offender
deferred
sentence
been
placed
on
19
youthful
offender
status
pursuant
to
section
907.3A
,
20
the
court
shall
hold
a
dispositional
hearing
in
order
21
to
determine
what
disposition
should
be
made
of
the
22
matter.
23
Sec.
148.
Section
232.52,
subsection
1,
Code
2011,
24
is
amended
to
read
as
follows:
25
1.
Pursuant
to
a
hearing
as
provided
in
section
26
232.50
,
the
court
shall
enter
the
least
restrictive
27
dispositional
order
appropriate
in
view
of
the
28
seriousness
of
the
delinquent
act,
the
child’s
29
culpability
as
indicated
by
the
circumstances
of
30
the
particular
case,
the
age
of
the
child,
the
31
child’s
prior
record,
or
the
fact
that
the
child
has
32
received
a
youthful
offender
deferred
sentence
been
33
placed
on
youthful
offender
status
under
section
34
907.3A
.
The
order
shall
specify
the
duration
and
35
the
nature
of
the
disposition,
including
the
type
of
36
residence
or
confinement
ordered
and
the
individual,
37
agency,
department
,
or
facility
in
whom
custody
is
38
vested.
In
the
case
of
a
child
who
has
received
a
39
youthful
offender
deferred
sentence
been
placed
on
40
youthful
offender
status
,
the
initial
duration
of
the
41
dispositional
order
shall
be
until
the
child
reaches
42
the
age
of
eighteen.
43
Sec.
149.
Section
232.54,
subsection
1,
paragraph
44
g,
Code
2011,
is
amended
to
read
as
follows:
45
g.
With
respect
to
a
juvenile
court
dispositional
46
order
entered
regarding
a
child
who
has
received
a
47
youthful
offender
deferred
sentence
been
placed
on
48
youthful
offender
status
under
section
907.3A
,
the
49
dispositional
order
may
be
terminated
prior
to
the
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child
reaching
the
age
of
eighteen
upon
motion
of
the
1
child,
the
person
or
agency
to
whom
custody
of
the
2
child
has
been
transferred,
or
the
county
attorney
3
following
a
hearing
before
the
juvenile
court
if
it
is
4
shown
by
clear
and
convincing
evidence
that
it
is
in
5
the
best
interests
of
the
child
and
the
community
to
6
terminate
the
order.
The
hearing
may
be
waived
if
all
7
parties
to
the
proceeding
agree.
The
dispositional
8
order
regarding
a
child
who
has
received
a
youthful
9
offender
deferred
sentence
been
placed
on
youthful
10
offender
status
may
also
be
terminated
prior
to
the
11
child
reaching
the
age
of
eighteen
upon
motion
of
the
12
county
attorney,
if
the
waiver
of
the
child
to
district
13
court
was
conditioned
upon
the
terms
of
an
agreement
14
between
the
county
attorney
and
the
child,
and
the
15
child
violates
the
terms
of
the
agreement
after
the
16
waiver
order
has
been
entered.
The
district
court
17
shall
discharge
the
child’s
youthful
offender
status
18
upon
receiving
a
termination
order
under
this
section
.
19
Sec.
150.
Section
232.54,
subsection
1,
paragraph
20
h,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
21
read
as
follows:
22
With
respect
to
a
dispositional
order
entered
23
regarding
a
child
who
has
received
a
youthful
offender
24
deferred
sentence
been
placed
on
youthful
offender
25
status
under
section
907.3A
,
the
juvenile
court
may,
26
in
the
case
of
a
child
who
violates
the
terms
of
the
27
order,
modify
or
terminate
the
order
in
accordance
with
28
the
following:
29
Sec.
151.
Section
232.55,
subsection
3,
Code
2011,
30
is
amended
to
read
as
follows:
31
3.
This
section
does
not
apply
to
dispositional
32
orders
entered
regarding
a
child
who
has
received
a
33
youthful
offender
deferred
sentence
been
placed
on
34
youthful
offender
status
under
section
907.3A
who
35
is
not
discharged
from
probation
before
or
upon
the
36
child’s
eighteenth
birthday.
37
Sec.
152.
Section
232.56,
Code
2011,
is
amended
to
38
read
as
follows:
39
232.56
Youthful
offenders
——
transfer
to
district
40
court
supervision.
41
The
juvenile
court
shall
deliver
a
report,
which
42
includes
an
assessment
of
the
child
by
a
juvenile
court
43
officer
after
consulting
with
the
judicial
district
44
department
of
correctional
services,
to
the
district
45
court
prior
to
the
eighteenth
birthday
of
a
child
who
46
has
received
a
youthful
offender
deferred
sentence
47
been
placed
on
youthful
offender
status
under
section
48
907.3A
.
A
hearing
shall
be
held
in
the
district
court
49
in
accordance
with
section
907.3A
to
determine
whether
50
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the
child
should
be
discharged
from
youthful
offender
1
status
or
whether
the
child
shall
continue
under
the
2
supervision
of
the
district
court
after
the
child’s
3
eighteenth
birthday.
4
Sec.
153.
Section
901.5,
Code
Supplement
2011,
is
5
amended
by
adding
the
following
new
subsection:
6
NEW
SUBSECTION
.
14.
Notwithstanding
any
provision
7
in
section
907.3
or
any
other
provision
of
law
8
prescribing
a
mandatory
minimum
sentence
for
the
9
offense,
if
the
defendant
is
guilty
of
a
public
offense
10
other
than
a
class
“A”
felony,
and
was
a
minor
at
11
the
time
the
offense
was
committed,
the
court
may
12
suspend
the
sentence
in
whole
or
in
part,
including
any
13
mandatory
minimum
sentence,
defer
sentence,
or
with
the
14
consent
of
the
defendant,
defer
judgment,
and
place
the
15
defendant
on
probation,
upon
such
conditions
as
the
16
court
may
require.
17
Sec.
154.
Section
907.3A,
Code
2011,
is
amended
to
18
read
as
follows:
19
907.3A
Youthful
offender
deferred
sentence
——
20
youthful
offender
status.
21
1.
Notwithstanding
section
907.3
but
subject
to
any
22
conditions
of
the
waiver
order,
the
trial
court
shall,
23
upon
a
plea
of
guilty
or
a
verdict
of
guilty,
defer
24
sentence
of
a
youthful
offender
place
the
juvenile
25
over
whom
the
juvenile
court
has
waived
jurisdiction
26
pursuant
to
section
232.45,
subsection
7
,
and
place
27
the
juvenile
on
youthful
offender
status.
The
court
28
shall
transfer
supervision
of
the
youthful
offender
29
to
the
juvenile
court
for
disposition
in
accordance
30
with
section
232.52
.
An
adjudication
of
delinquency
31
entered
by
the
juvenile
court
at
disposition
for
32
a
public
offense
shall
not
be
deemed
a
conviction
33
and
shall
not
preclude
the
subsequent
entry
of
a
34
deferred
judgment,
conviction,
or
sentence
by
the
35
district
court.
The
court
shall
require
supervision
36
of
the
youthful
offender
in
accordance
with
section
37
232.54,
subsection
1
,
paragraph
“h”
,
or
subsection
2
38
of
this
section
.
Notwithstanding
section
901.2,
a
39
presentence
investigation
shall
not
be
ordered
by
the
40
court
subsequent
to
an
entry
of
a
plea
of
guilty
or
41
verdict
of
guilty
or
prior
to
deferral
of
sentence
of
a
42
youthful
offender
under
this
section.
43
2.
The
court
shall
hold
a
hearing
prior
to
a
44
youthful
offender’s
eighteenth
birthday
to
determine
45
whether
the
youthful
offender
shall
continue
on
46
youthful
offender
status
after
the
youthful
offender’s
47
eighteenth
birthday
under
the
supervision
of
the
48
court
or
be
discharged
.
Notwithstanding
section
49
901.2,
the
court
may
order
a
presentence
investigation
50
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report
including
a
report
for
an
offense
classified
1
as
a
class
“A”
felony.
The
court
shall
review
the
2
report
of
the
juvenile
court
regarding
the
youthful
3
offender
and
prepared
pursuant
to
section
232.56,
4
and
any
presentence
investigation
report,
if
ordered
5
by
the
court.
The
court
shall
hear
evidence
by
or
6
on
behalf
of
the
youthful
offender,
by
the
county
7
attorney,
and
by
the
person
or
agency
to
whom
custody
8
of
the
youthful
offender
was
transferred.
The
court
9
shall
make
its
decision
,
pursuant
to
the
sentencing
10
options
available
in
subsection
3,
after
considering
11
the
services
available
to
the
youthful
offender,
the
12
evidence
presented,
the
juvenile
court’s
report,
the
13
presentence
investigation
report
if
ordered
by
the
14
court,
the
interests
of
the
youthful
offender,
and
15
interests
of
the
community.
16
3.
a.
Notwithstanding
any
provision
of
the
Code
17
which
prescribes
a
mandatory
minimum
sentence
for
the
18
offense
committed
by
the
youthful
offender,
following
19
transfer
of
the
youthful
offender
from
the
juvenile
20
court
back
to
the
court
having
jurisdiction
over
the
21
criminal
proceedings
involving
the
youthful
offender,
22
the
court
may
continue
the
youthful
offender
deferred
23
sentence
or
enter
a
sentence,
which
may
be
a
suspended
24
sentence.
shall
order
one
of
the
following
sentencing
25
options:
26
(1)
Defer
judgment
and
place
the
youthful
offender
27
on
probation,
upon
the
consent
of
the
youthful
28
offender.
29
(2)
Defer
the
sentence
and
place
the
youthful
30
offender
on
probation
upon
such
terms
and
conditions
31
as
the
court
may
require.
32
(3)
Suspend
the
sentence
and
place
the
youthful
33
offender
on
probation
upon
such
terms
and
conditions
34
as
the
court
may
require.
35
(4)
A
term
of
confinement.
36
(5)
Discharge
the
youthful
offender
from
youthful
37
offender
status
and
terminate
the
sentence.
38
b.
Notwithstanding
anything
in
section
907.7
to
39
the
contrary,
if
the
district
court
either
grants
40
the
youthful
offender
a
deferred
judgment,
continues
41
the
youthful
offender
deferred
sentence
,
or
enters
a
42
sentence
,
and
suspends
the
sentence,
and
places
the
43
youthful
offender
on
probation,
the
term
of
formal
44
supervision
shall
commence
upon
entry
of
the
order
by
45
the
district
court
and
may
continue
for
a
period
not
46
to
exceed
five
years.
If
the
district
court
enters
a
47
sentence
of
confinement,
and
the
youthful
offender
was
48
previously
placed
in
secure
confinement
by
the
juvenile
49
court
under
the
terms
of
the
initial
disposition
order
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or
any
modification
to
the
initial
disposition
order,
1
the
person
shall
receive
credit
for
any
time
spent
in
2
secure
confinement.
During
any
period
of
probation
3
imposed
by
the
district
court,
a
youthful
offender
who
4
violates
the
terms
of
probation
is
subject
to
section
5
908.11
.
6
DIVISION
XIV
7
STATE
BOARD
OF
REGENTS
8
Sec.
155.
Section
8D.10,
Code
2011,
is
amended
to
9
read
as
follows:
10
8D.10
Report
of
savings
by
state
agencies.
11
A
state
agency
which
is
a
part
of
the
network
shall
12
annually
provide
a
written
report
to
the
general
13
assembly
certifying
the
identified
savings
associated
14
with
the
state
agency’s
use
of
the
network.
The
report
15
shall
be
delivered
on
or
before
January
15
for
the
16
previous
fiscal
year
of
the
state
agency.
This
section
17
does
not
apply
to
the
state
board
of
regents
or
to
18
any
institution
under
control
of
the
state
board
of
19
regents.
20
Sec.
156.
Section
262.93,
Code
2011,
is
amended
to
21
read
as
follows:
22
262.93
Reports
to
general
assembly.
23
The
college
student
aid
commission
and
the
state
24
board
of
regents
each
shall
submit
to
the
general
25
assembly
,
by
January
15
of
each
year,
a
report
on
26
the
progress
and
implementation
of
the
programs
27
which
they
administer
under
sections
261.102
through
28
261.105
,
262.82
,
and
262.92
.
By
January
31
of
each
29
year,
the
state
board
of
regents
shall
submit
a
report
30
to
the
general
assembly
regarding
the
progress
and
31
implementation
of
the
program
administered
pursuant
to
32
section
262.82.
The
reports
shall
include
,
but
are
33
not
limited
to
,
the
numbers
of
students
and
educators
34
participating
in
the
programs
and
allocation
of
funds
35
appropriated
for
the
programs.
36
Sec.
157.
Section
263.19,
Code
2011,
is
amended
to
37
read
as
follows:
38
263.19
Purchases.
39
Any
purchase
in
excess
of
ten
thousand
dollars,
40
of
materials,
appliances,
instruments,
or
supplies
by
41
the
university
of
Iowa
hospitals
and
clinics
,
when
the
42
price
of
the
materials,
appliances,
instruments,
or
43
supplies
to
be
purchased
is
subject
to
competition,
44
shall
be
made
pursuant
to
open
competitive
quotations,
45
and
all
contracts
for
such
purchases
shall
be
subject
46
to
chapter
72
.
However,
purchases
may
be
made
through
47
a
hospital
group
purchasing
organization
provided
48
that
the
university
of
Iowa
hospitals
and
clinics
49
is
a
member
of
the
organization
in
compliance
with
50
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58
purchasing
policies
of
the
state
board
of
regents
.
1
Sec.
158.
Section
432.13,
Code
2011,
is
amended
to
2
read
as
follows:
3
432.13
Premium
tax
exemption
——
hawk-i
program
——
4
state
employee
benefits.
5
1.
Premiums
collected
by
participating
insurers
6
under
chapter
514I
are
exempt
from
premium
tax.
7
2.
Premiums
received
for
benefits
acquired
8
on
behalf
of
state
employees
by
the
department
of
9
administrative
services
on
behalf
of
state
employees
10
pursuant
to
section
8A.402,
subsection
1
,
and
by
the
11
state
board
of
regents
pursuant
to
chapter
262,
are
12
exempt
from
premium
tax.
13
DIVISION
XV
14
SALES
AND
USE
TAX
15
Sec.
159.
Section
423.1,
subsection
47,
Code
16
Supplement
2011,
is
amended
to
read
as
follows:
17
47.
“Retailer”
means
and
includes
every
person
18
engaged
in
the
business
of
selling
tangible
personal
19
property
or
taxable
services
at
retail,
or
the
20
furnishing
of
gas,
electricity,
water,
or
communication
21
service,
and
tickets
or
admissions
to
places
of
22
amusement
and
athletic
events
or
operating
amusement
23
devices
or
other
forms
of
commercial
amusement
24
from
which
revenues
are
derived
and
includes
but
is
25
not
limited
to
every
retailer
maintaining
a
place
26
of
business
in
this
state
.
However,
when
in
the
27
opinion
of
the
director
it
is
necessary
for
the
28
efficient
administration
of
this
chapter
to
regard
any
29
salespersons,
representatives,
truckers,
peddlers,
30
or
canvassers
as
agents
of
the
dealers,
distributors,
31
supervisors,
employers,
or
persons
under
whom
they
32
operate
or
from
whom
they
obtain
tangible
personal
33
property
sold
by
them
irrespective
of
whether
or
not
34
they
are
making
sales
on
their
own
behalf
or
on
behalf
35
of
such
dealers,
distributors,
supervisors,
employers,
36
or
persons,
the
director
may
so
regard
them,
and
37
may
regard
such
dealers,
distributors,
supervisors,
38
employers,
or
persons
as
retailers
for
the
purposes
of
39
this
chapter
.
“Retailer”
includes
a
seller
obligated
40
to
collect
sales
or
use
tax.
41
Sec.
160.
Section
423.1,
subsection
48,
Code
42
Supplement
2011,
is
amended
to
read
as
follows:
43
48.
a.
“Retailer
maintaining
a
place
of
business
44
in
this
state”
or
any
like
term
includes
any
retailer
45
having
or
maintaining
within
this
state,
directly
46
or
by
a
subsidiary,
an
office,
distribution
house,
47
sales
house,
warehouse,
or
other
place
of
business,
48
or
any
representative
operating
within
this
state
49
under
the
authority
of
the
retailer
or
its
subsidiary,
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irrespective
of
whether
that
place
of
business
1
or
representative
is
located
here
permanently
or
2
temporarily,
or
whether
the
retailer
or
subsidiary
is
3
admitted
to
do
business
within
this
state
pursuant
to
4
chapter
490
.
5
b.
(1)
A
retailer
shall
be
presumed
to
be
6
maintaining
a
place
of
business
in
this
state,
as
7
defined
in
paragraph
“a”
,
if
any
person
that
has
8
substantial
nexus
in
this
state,
other
than
a
person
9
acting
in
its
capacity
as
a
common
carrier,
does
any
10
of
the
following:
11
(a)
Sells
a
similar
line
of
products
as
the
12
retailer
and
does
so
under
the
same
or
similar
business
13
name.
14
(b)
Maintains
an
office,
distribution
facility,
15
warehouse,
storage
place,
or
similar
place
of
business
16
in
this
state
to
facilitate
the
delivery
of
property
17
or
services
sold
by
the
retailer
to
the
retailer’s
18
customers.
19
(c)
Uses
trademarks,
service
marks,
or
trade
20
names
in
this
state
that
are
the
same
or
substantially
21
similar
to
those
used
by
the
retailer.
22
(d)
Delivers,
installs,
assembles,
or
performs
23
maintenance
services
for
the
retailer’s
customers.
24
(e)
Facilitates
the
retailer’s
delivery
of
25
property
to
customers
in
this
state
by
allowing
the
26
retailer’s
customers
to
take
delivery
of
property
sold
27
by
the
retailer
at
an
office,
distribution
facility,
28
warehouse,
storage
place,
or
similar
place
of
business
29
maintained
by
the
person
in
this
state.
30
(f)
Conducts
any
other
activities
in
this
state
31
that
are
significantly
associated
with
the
retailer’s
32
ability
to
establish
and
maintain
a
market
in
this
33
state
for
the
retailer’s
sales.
34
(2)
The
presumption
established
in
this
paragraph
35
may
be
rebutted
by
a
showing
of
proof
that
the
36
person’s
activities
in
this
state
are
not
significantly
37
associated
with
the
retailer’s
ability
to
establish
38
or
maintain
a
market
in
this
state
for
the
retailer’s
39
sales.
40
Sec.
161.
NEW
SECTION
.
423.13A
Administration
——
41
effectiveness
of
agreements
with
retailers.
42
1.
Notwithstanding
any
provision
of
this
chapter
43
to
the
contrary,
any
ruling,
agreement,
or
contract,
44
whether
written
or
oral,
express
or
implied,
entered
45
into
after
the
effective
date
of
this
division
of
46
this
Act
between
a
retailer
and
a
state
agency
which
47
provides
that
a
retailer
is
not
required
to
collect
48
sales
and
use
tax
in
this
state
despite
the
presence
49
in
this
state
of
a
warehouse,
distribution
center,
or
50
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fulfillment
center
that
is
owned
and
operated
by
the
1
retailer
or
an
affiliate
of
the
retailer
shall
be
null
2
and
void
unless
such
ruling,
agreement,
or
contract
3
is
approved
by
a
majority
vote
of
both
houses
of
the
4
general
assembly.
5
2.
For
purposes
of
this
section,
“state
agency”
6
means
the
executive
branch,
including
any
executive
7
department,
commission,
board,
institution,
division,
8
bureau,
office,
agency,
or
other
entity
of
state
9
government.
“State
agency”
does
not
mean
the
general
10
assembly,
or
the
judicial
branch
as
provided
in
section
11
602.1102.
12
Sec.
162.
Section
423.36,
Code
2011,
is
amended
by
13
adding
the
following
new
subsection:
14
NEW
SUBSECTION
.
1A.
a.
Notwithstanding
subsection
15
1,
if
any
person
will
make
taxable
sales
of
tangible
16
personal
property
or
furnish
services
to
any
state
17
agency,
that
person
shall,
prior
to
the
sale,
apply
18
for
and
receive
a
permit
to
collect
sales
or
use
tax
19
pursuant
to
this
section.
A
state
agency
shall
not
20
purchase
tangible
personal
property
or
services
from
21
any
person
unless
that
person
has
a
valid,
unexpired
22
permit
issued
pursuant
to
this
section
and
is
in
23
compliance
with
all
other
requirements
in
this
chapter
24
imposed
upon
retailers,
including
but
not
limited
to
25
the
requirement
to
collect
and
remit
sales
and
use
tax
26
and
file
sales
tax
returns.
27
b.
For
purposes
of
this
subsection,
“state
28
agency”
means
any
executive,
judicial,
or
legislative
29
department,
commission,
board,
institution,
division,
30
bureau,
office,
agency,
or
other
entity
of
state
31
government.
32
DIVISION
XVI
33
COMMERCIAL
ESTABLISHMENT
FUND
34
Sec.
163.
Section
162.2,
Code
2011,
is
amended
by
35
adding
the
following
new
subsections:
36
NEW
SUBSECTION
.
12A.
“Dispositional
expenses”
means
37
the
same
as
defined
in
section
717B.1.
38
NEW
SUBSECTION
.
16A.
“Local
authority”
means
the
39
same
as
defined
in
section
717B.1.
40
Sec.
164.
Section
162.2,
subsection
27,
Code
2011,
41
is
amended
to
read
as
follows:
42
27.
“Vertebrate
animal”
means
those
vertebrate
43
animals
other
than
members
of
the
equine,
bovine,
44
caprine,
ovine,
and
or
porcine
species,
and
ostriches,
45
rheas,
or
emus
,
farm
deer
as
defined
in
section
170.1,
46
or
poultry
.
47
Sec.
165.
Section
162.2C,
Code
2011,
is
amended
by
48
adding
the
following
new
subsections:
49
NEW
SUBSECTION
.
2A.
The
fiscal
year
of
the
fund
50
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begins
July
1
and
ends
June
30.
Fiscal
quarters
of
the
1
fund
begin
July
1,
October
1,
January
1,
and
April
1.
2
NEW
SUBSECTION
.
2B.
The
fund
shall
include
two
3
accounts,
a
general
account
and
a
dispositional
4
account.
5
a.
Except
as
provided
in
paragraph
“b”
,
the
general
6
account
is
composed
of
all
moneys
deposited
in
the
fund
7
as
provided
in
subsection
2.
The
department
shall
8
utilize
moneys
in
the
general
account
to
provide
for
9
the
administration
and
enforcement
of
this
chapter.
10
b.
The
dispositional
account
is
composed
of
all
11
fees
collected
pursuant
to
section
162.2B,
until
the
12
department
determines
that
the
account
has
achieved
13
a
threshold
of
at
least
two
hundred
fifty
thousand
14
dollars.
At
the
end
of
each
fiscal
quarter
the
15
department
shall
determine
the
balance
of
unencumbered
16
and
unobligated
moneys
in
the
account,
and
may
transfer
17
any
moneys
in
the
account
exceeding
the
threshold
to
18
the
general
account.
The
department
shall
return
19
any
unexpended
and
unobligated
moneys
expended
from
20
the
dispositional
account
back
to
that
account,
or
21
the
general
account
if
the
dispositional
account’s
22
threshold
is
achieved.
23
Sec.
166.
NEW
SECTION
.
162.2D
Payment
of
24
dispositional
expenses
incurred
by
local
authorities.
25
1.
Moneys
deposited
into
the
dispositional
account
26
of
the
commercial
establishment
fund
created
in
section
27
162.2C
are
appropriated
to
the
department
to
pay
28
eligible
claims
submitted
to
the
department
by
local
29
authorities
for
dispositional
expenses
incurred
by
30
the
local
authority,
including
by
providing
for
the
31
maintenance
of
a
vertebrate
animal
subject
to
a
court
32
hearing
pursuant
to
section
717B.4
or
rescued
pursuant
33
to
section
717B.5.
This
section
does
not
apply
to
34
livestock
as
defined
in
section
717.1.
35
2.
The
department
shall
pay
an
eligible
claim
36
according
to
procedures
adopted
by
departmental
37
rule.
In
order
for
a
claim
to
be
eligible,
all
of
the
38
following
must
apply:
39
a.
At
the
time
of
the
hearing
for
the
disposition
40
of
the
vertebrate
animal
or
the
rescue
of
the
41
vertebrate
animal,
the
vertebrate
animal
must
have
been
42
possessed
or
controlled
by
a
commercial
establishment
43
that
possessed
or
controlled
more
than
twenty
44
vertebrate
animals
at
any
one
time
during
the
prior
45
twelve
months.
46
b.
The
commercial
establishment
must
be
required
to
47
operate
pursuant
to
an
authorization
issued
or
renewed
48
pursuant
to
section
162.2A,
regardless
of
whether
the
49
commercial
establishment
is
actually
issued
or
renewed
50
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such
authorization.
1
c.
The
dispositional
expenses
must
be
actually
2
and
reasonably
incurred
by
the
local
authority,
3
including
by
an
animal
care
provider
providing
for
the
4
maintenance
of
the
vertebrate
animal
under
contract
5
with
the
local
authority.
6
d.
The
local
authority
must
submit
the
claim
to
the
7
department
according
to
procedures
established
by
rules
8
adopted
by
the
department.
A
claim
is
not
eligible
9
if
submitted
twelve
months
or
more
after
the
local
10
authority
has
incurred
its
final
dispositional
expense.
11
3.
A
claim
is
eligible
for
payment
even
if
any
of
12
the
following
applies:
13
a.
The
responsible
party
has
posted
a
bond
or
14
other
security
with
the
local
authority
as
provided
in
15
section
717B.4.
16
b.
The
local
authority
may
receive
a
future
payment
17
for
the
dispositional
expense
from
a
responsible
party
18
as
provided
in
section
717B.4.
19
4.
Upon
a
determination
that
the
claim
is
eligible,
20
the
department
shall
provide
for
payment
to
the
local
21
authority
of
one
hundred
percent
of
the
claimed
amount.
22
If
there
are
insufficient
moneys
in
the
dispositional
23
account
to
make
full
payment
of
all
eligible
claims,
24
the
department
shall
prorate
the
payment
amounts
and
25
defer
the
remaining
payment
until
the
dispositional
26
account
again
contains
sufficient
moneys.
27
5.
A
local
authority
shall
repay
the
department
28
the
claimed
amount
as
provided
in
subsection
4
from
29
any
moneys
received
by
the
local
authority
from
a
30
responsible
party
for
dispositional
expenses
pursuant
31
to
section
717B.4.
The
department
shall
deposit
the
32
moneys
in
the
commercial
establishment
fund
as
provided
33
in
section
162.2C.
34
Sec.
167.
Section
717B.1,
Code
2011,
is
amended
by
35
adding
the
following
new
subsection:
36
NEW
SUBSECTION
.
3A.
“Department”
means
the
37
department
of
agriculture
and
land
stewardship.
38
Sec.
168.
NEW
SECTION
.
717B.5A
Dispositional
39
expenses
——
commercial
establishment
fund.
40
A
local
authority
may
submit
a
claim
to
the
41
department
to
pay
for
dispositional
expenses
incurred
42
by
the
local
authority
if
the
local
authority
complies
43
with
the
requirements
provided
in
section
162.2D.
>
44
2.
Title
page,
by
striking
lines
1
through
5
and
45
inserting
<
An
Act
relating
to
state
and
local
finances
46
by
making
and
adjusting
appropriations,
providing
for
47
funding
of
property
tax
credits
and
reimbursements
and
48
for
other
matters
pertaining
to
taxation,
providing
49
for
fees
and
criminal
penalties,
providing
for
legal
50
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responsibilities,
providing
for
certain
insurance
and
1
employee
benefits,
and
providing
for
properly
related
2
matters,
and
including
effective
date
and
retroactive
3
and
other
applicability
provisions.
>
4
3.
By
renumbering
as
necessary.
5
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