House Amendment to Senate File 533 S-3372 Amend Senate File 533, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 6 2011-2012 7 Section 1. BUDGET PROCESS FOR FISCAL YEAR 8 2012-2013. 9 1. For the budget process applicable to the fiscal 10 year beginning July 1, 2012, on or before October 1, 11 2011, in lieu of the information specified in section 12 8.23, subsection 1 , unnumbered paragraph 1, and 13 paragraph “a”, all departments and establishments of 14 the government shall transmit to the director of the 15 department of management, on blanks to be furnished 16 by the director, estimates of their expenditure 17 requirements, including every proposed expenditure, for 18 the ensuing fiscal year, together with supporting data 19 and explanations as called for by the director of the 20 department of management after consultation with the 21 legislative services agency. 22 2. The estimates of expenditure requirements 23 shall be in a form specified by the director of 24 the department of management, and the expenditure 25 requirements shall include all proposed expenditures 26 and shall be prioritized by program or the results to 27 be achieved. The estimates shall be accompanied by 28 performance measures for evaluating the effectiveness 29 of the programs or results. 30 Sec. 2. LIMITATION OF STANDING APPROPRIATIONS. 31 Notwithstanding the standing appropriations in the 32 following designated sections for the fiscal year 33 beginning July 1, 2011, and ending June 30, 2012, the 34 amounts appropriated from the general fund of the state 35 pursuant to these sections for the following designated 36 purposes shall not exceed the following amounts: 37 1. For operational support grants and community 38 cultural grants under section 99F.11, subsection 3 , 39 paragraph “d”, subparagraph (1): 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 41 2. For regional tourism marketing under section 42 99F.11, subsection 3 , paragraph “d”, subparagraph (2): 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 44 3. For the center for congenital and inherited 45 disorders central registry under section 144.13A, 46 subsection 4 , paragraph “a”: 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 48 4. For primary and secondary child abuse prevention 49 programs under section 144.13A, subsection 4 , paragraph 50 -1- SF533.3408.H (1) 84 mb 1/ 52 #1.
“a”: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 2 5. For programs for at-risk children under section 3 279.51 : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,504,258 5 The amount of any reduction in this subsection shall 6 be prorated among the programs specified in section 7 279.51, subsection 1 , paragraphs “a”, “b”, and “c”. 8 6. For payment for nonpublic school transportation 9 under section 285.2 : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 11 If total approved claims for reimbursement for 12 nonpublic school pupil transportation exceed the amount 13 appropriated in accordance with this subsection, the 14 department of education shall prorate the amount of 15 each approved claim. 16 7. For reimbursement for the homestead property tax 17 credit under section 425.1 : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 19 8. For reimbursement for the family farm and 20 agricultural land tax credits under sections 425A.1 and 21 426.1 : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 23 9. For the enforcement of chapter 453D relating to 24 tobacco product manufacturers under section 453D.8 : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 26 Sec. 3. INSTRUCTIONAL SUPPORT STATE AID —— FY 27 2011-2012. In lieu of the appropriation provided in 28 section 257.20, subsection 2, the appropriation for the 29 fiscal year beginning July 1, 2011, and ending June 30, 30 2012, for paying instructional support state aid under 31 section 257.20 for fiscal year 2011-2012 is zero. 32 Sec. 4. APPROPRIATION —— FARMERS WITH 33 DISABILITIES. There is appropriated from the general 34 fund of the state to the department of agriculture and 35 land stewardship 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, for a program for 38 farmers with disabilities: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,000 40 The moneys appropriated in this section shall be 41 used for the public purpose of providing a grant to 42 a national nonprofit organization with over 80 years 43 of experience in assisting children and adults with 44 disabilities and special needs. The moneys shall 45 be used to support a nationally recognized program 46 that began in 1986 and has been replicated in at 47 least 30 other states, but which is not available 48 through any other entity in this state, and that 49 provides assistance to farmers with disabilities in 50 -2- SF533.3408.H (1) 84 mb 2/ 52
all 99 counties to allow the farmers to remain in 1 their own homes and be gainfully engaged in farming 2 through provision of agricultural worksite and home 3 modification consultations, peer support services, 4 services to families, information and referral, and 5 equipment loan services. Notwithstanding section 6 8.33, moneys appropriated in this section that remain 7 unencumbered or unobligated at the close of the fiscal 8 year shall not revert but shall remain available for 9 expenditure for the purposes designated until the close 10 of the succeeding fiscal year. 11 Sec. 5. Section 256.30, unnumbered paragraph 12 1, Code 2011, is amended by striking the unnumbered 13 paragraph and inserting in lieu thereof the following: 14 For the fiscal year beginning July 1, 2011, and 15 ending June 30, 2012, there is appropriated from the 16 general fund of the state to the department the sum 17 of one hundred thousand dollars. For the fiscal year 18 beginning July 1, 2012, and ending June 30, 2013, and 19 for each succeeding fiscal year, there is appropriated 20 from the general fund of the state to the department 21 the sum of fifty thousand dollars. The department 22 shall distribute the appropriation to the tribal 23 council of the Sac and Fox Indian settlement for 24 expenses of educating American Indian children residing 25 in the Sac and Fox Indian settlement on land held in 26 trust by the secretary of the interior of the United 27 States in excess of federal moneys paid to the tribal 28 council for educating the American Indian children 29 when moneys are appropriated for that purpose. The 30 tribal council shall administer the moneys distributed 31 pursuant to this section and shall submit an annual 32 report and other reports as required by the department 33 to the department on the expenditure of the moneys. 34 Sec. 6. Section 257.35, Code 2011, is amended by 35 adding the following new subsection: 36 NEW SUBSECTION . 5A. Notwithstanding subsection 1, 37 and in addition to the reduction applicable pursuant 38 to subsection 2, the state aid for area education 39 agencies and the portion of the combined district cost 40 calculated for these agencies for the fiscal year 41 beginning July 1, 2011, and ending June 30, 2012, shall 42 be reduced by the department of management by twenty 43 million dollars. The reduction for each area education 44 agency shall be prorated based on the reduction that 45 the agency received in the fiscal year beginning July 46 1, 2003. 47 Sec. 7. Section 453A.35, subsection 1, Code 2011, 48 is amended to read as follows: 49 1. a. The With the exception of revenues credited 50 -3- SF533.3408.H (1) 84 mb 3/ 52
to the health care trust fund pursuant to paragraph 1 “b” , the proceeds derived from the sale of stamps and 2 the payment of taxes, fees, and penalties provided for 3 under this chapter , and the permit fees received from 4 all permits issued by the department, shall be credited 5 to the general fund of the state. However, of 6 b. Of the revenues generated from the tax on 7 cigarettes pursuant to section 453A.6, subsection 8 1 , and from the tax on tobacco products as specified 9 in section 453A.43, subsections 1, 2, 3, and 4 , and 10 credited to the general fund of the state under this 11 subsection , there is appropriated, annually, to the 12 health care trust fund created in section 453A.35A , the 13 first one hundred six million sixteen thousand four 14 hundred dollars shall be credited to the health care 15 trust fund created in section 453A.35A . 16 Sec. 8. Section 453A.35A, subsection 1, Code 2011, 17 is amended to read as follows: 18 1. A health care trust fund is created in the 19 office of the treasurer of state. The fund consists 20 of the revenues generated from the tax on cigarettes 21 pursuant to section 453A.6, subsection 1 , and from 22 the tax on tobacco products as specified in section 23 453A.43 , subsections 1, 2, 3, and 4 , that are credited 24 to the general fund of the state and appropriated to 25 the health care trust fund, annually, pursuant to 26 section 453A.35 . Moneys in the fund shall be separate 27 from the general fund of the state and shall not be 28 considered part of the general fund of the state. 29 However, the fund shall be considered a special account 30 for the purposes of section 8.53 relating to generally 31 accepted accounting principles. Moneys in the fund 32 shall be used only as specified in this section and 33 shall be appropriated only for the uses specified. 34 Moneys in the fund are not subject to section 8.33 35 and shall not be transferred, used, obligated, 36 appropriated, or otherwise encumbered, except as 37 provided in this section . Notwithstanding section 38 12C.7, subsection 2 , interest or earnings on moneys 39 deposited in the fund shall be credited to the fund. 40 DIVISION II 41 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 42 2011-2012 43 Sec. 9. BONUS PAY. For the fiscal year beginning 44 July 1, 2011, employees of the executive branch, 45 judicial branch, and legislative branch shall not 46 receive bonus pay unless otherwise authorized by law, 47 required pursuant to a contract of employment entered 48 into before July 1, 2011, or required pursuant to a 49 collective bargaining agreement. This section does 50 -4- SF533.3408.H (1) 84 mb 4/ 52
not apply to employees of the state board of regents 1 who receive bonuses funded by nonpublic moneys. For 2 purposes of this section, “bonus pay” means any 3 additional remuneration provided an employee in 4 the form of a bonus, including but not limited to a 5 retention bonus, recruitment bonus, exceptional job 6 performance pay, extraordinary job performance pay, 7 exceptional performance pay, extraordinary duty pay, 8 or extraordinary or special duty pay, and any extra 9 benefit not otherwise provided to other similarly 10 situated employees. 11 Sec. 10. SALARY INCREASES —— CERTAIN REVOLVING 12 FUNDS. 13 1. For the fiscal years beginning July 1, 2011, and 14 July 1, 2012, there is appropriated from the gaming 15 enforcement revolving fund an amount necessary for 16 funding annual pay adjustments and related benefits 17 for agents and officers of the division of criminal 18 investigation’s racetrack, excursion boat, or gambling 19 structure enforcement activities. Moneys appropriated 20 pursuant to this subsection shall be in addition to and 21 supplement other appropriations from the fund. 22 2. For the fiscal years beginning July 1, 2011, 23 and July 1, 2012, there is appropriated from the 24 gaming regulatory revolving fund, if enacted by the 25 Eighty-fourth General Assembly, 2011 session, an 26 amount necessary for funding annual pay adjustments and 27 related benefits for positions in the racing and gaming 28 commission of the department of inspections and appeals 29 who are assigned to administration and enforcement of 30 the excursion boat and gambling structure laws. Moneys 31 appropriated pursuant to this subsection shall be in 32 addition to and supplement other appropriations from 33 the fund. 34 Sec. 11. STATE TROOPER MEAL ALLOWANCE. For the 35 fiscal years beginning July 1, 2011, and July 1, 2012, 36 the sworn peace officers in the department of public 37 safety who are not covered by a collective bargaining 38 agreement negotiated pursuant to chapter 20 shall 39 receive the same per diem meal allowance as the sworn 40 peace officers in the department of public safety 41 who are covered by a collective bargaining agreement 42 negotiated pursuant to chapter 20. 43 Sec. 12. SALARY MODEL ADMINISTRATOR. The salary 44 model administrator shall work in conjunction with 45 the legislative services agency to maintain the 46 state’s salary model used for analyzing, comparing, 47 and projecting state employee salary and benefit 48 information, including information relating to 49 employees of the state board of regents. The 50 -5- SF533.3408.H (1) 84 mb 5/ 52
department of revenue, the department of administrative 1 services, the five institutions under the jurisdiction 2 of the state board of regents, the judicial district 3 departments of correctional services, and the state 4 department of transportation shall provide salary data 5 to the department of management and the legislative 6 services agency to operate the state’s salary 7 model. The format and frequency of provision of the 8 salary data shall be determined by the department of 9 management and the legislative services agency. The 10 information shall be used in collective bargaining 11 processes under chapter 20 and in calculating the 12 funding needs contained within the annual salary 13 adjustment legislation. A state employee organization 14 as defined in section 20.3, subsection 4, may request 15 information produced by the model, but the information 16 provided shall not contain information attributable to 17 individual employees. 18 Sec. 13. GROUP HEALTH INSURANCE PREMIUM COSTS FOR 19 STATE EMPLOYEES. 20 1. The state’s executive and judicial branch 21 authorities responsible for negotiating the collective 22 bargaining agreements entered into under chapter 20 23 shall engage in discussions with the applicable state 24 employee organizations to renegotiate provisions 25 involving health insurance coverage of state employees 26 and their families in order to achieve cost savings 27 for the state. The discussions shall include but are 28 not limited to a requirement for a state employee who 29 is covered by a collective bargaining agreement and 30 is a member of state group health insurance plan for 31 employees of the state established under chapter 509A 32 to pay at least one hundred dollars per month of the 33 total premium for such health plan coverage for single 34 persons or increase the amount paid per month for 35 family coverage by the same amount that would be paid 36 for the single person’s coverage. 37 2. If collective bargaining agreements are 38 renegotiated to achieve cost savings pursuant to 39 subsection 1, the cost savings provisions shall 40 also apply to state employees who are not covered by 41 collective bargaining as provided in chapter 20 and 42 are members of a state group health insurance plan for 43 employees of the state established under chapter 509A. 44 3. Beginning on the effective date of this section, 45 a state legislator or legislative staff member who is 46 a member of a state group health insurance plan for 47 employees of the state established under chapter 509A 48 shall pay at least one hundred dollars per month of the 49 total premium for such health care coverage for single 50 -6- SF533.3408.H (1) 84 mb 6/ 52
persons or increase the amount paid per month for 1 family coverage by the same amount that would be paid 2 for the single persons coverage. The payment amount 3 shall be determined by the legislative council, subject 4 to the minimum amount specified in this subsection. 5 Sec. 14. NEW SECTION . 8A.440 Group health 6 insurance premium costs. 7 1. Collective bargaining agreements entered into 8 pursuant to chapter 20 for state employees shall 9 provide that a state employee covered by that agreement 10 who is a member of a state group health insurance plan 11 for employees of the state established under chapter 12 509A shall pay at least one hundred dollars per month 13 of the total premium for such insurance for single 14 persons or increase the amount paid per month for 15 family coverage by the same amount that would be paid 16 for the single person’s coverage. 17 2. A state employee not covered by a collective 18 bargaining agreement as provided in chapter 20 who 19 is a member of a state group health insurance plan 20 for employees of the state established under chapter 21 509A shall pay the same amount per month of the 22 total premium for such insurance as is paid under 23 the collective bargaining agreement that covers 24 the greatest number of state employees in the state 25 government entity employing the state employee. 26 Sec. 15. APPLICABILITY. The section of this 27 division of this Act enacting section 8A.440, applies 28 to collective bargaining agreements entered into on 29 or after the effective date of that section of this 30 division of this Act. 31 Sec. 16. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 32 APPLICABILITY. The following sections of this division 33 of this Act, being deemed of immediate importance, take 34 effect upon enactment and, if approved by the governor 35 on or after July 1, 2011, apply retroactively to June 36 30, 2011: 37 1. The section of this division relating to group 38 health insurance premium costs for state employees. 39 2. The section of this division enacting section 40 8A.440. 41 3. The section of this division relating to 42 applicability. 43 DIVISION III 44 CORRECTIVE PROVISIONS 45 Sec. 17. Section 8.6, subsection 9A, as enacted by 46 2011 Iowa Acts, House File 45, section 39, is amended 47 to read as follows: 48 9A. Budget and tax rate databases. To develop 49 and make available to the public a searchable budget 50 -7- SF533.3408.H (1) 84 mb 7/ 52
database and internet site as required under chapter 1 8G, division subchapter I , and to develop and make 2 available to the public a searchable tax rate database 3 and internet site as required under chapter 8G, 4 division subchapter II . 5 Sec. 18. Section 8.57E, subsection 3, paragraph a, 6 as enacted by 2011 Iowa Acts, Senate File 209, section 7 30, is amended to read as follows: 8 a. Moneys in the taxpayer’s taxpayers trust fund 9 may be used for cash flow purposes during a fiscal year 10 provided that any moneys so allocated are returned to 11 the fund by the end of that fiscal year. 12 Sec. 19. Section 8G.13, as enacted by 2011 Iowa 13 Acts, House File 45, section 50, is amended to read as 14 follows: 15 8G.13 Updating database. 16 To facilitate the department of management’s efforts 17 in creating and maintaining a searchable database of 18 the taxes identified in section 8G.12, subsection 3 1 , 19 for all taxing jurisdictions in the state, each taxing 20 jurisdiction may annually be required to report its tax 21 rates to the department of management or the department 22 of revenue and shall report any changes to its tax 23 rates within thirty days of the change. 24 Sec. 20. Section 16.193, subsection 3, paragraph a, 25 Code 2011, as amended by 2011 Iowa Acts, Senate File 26 475, section 11, is amended to read as follows: 27 a. During the term of the Iowa jobs program and 28 Iowa jobs II program, the Iowa finance authority shall 29 collect data on all of the projects approved for the 30 program programs . The department of management and 31 the state agencies associated with the projects shall 32 assist the authority with the data collection and in 33 developing the report required by this subsection . The 34 authority shall report quarterly to the governor and 35 the general assembly concerning the data. 36 Sec. 21. Section 68A.401, subsection 4, Code 2011, 37 as amended by 2011 Iowa Acts, Senate File 475, section 38 17, is amended to read as follows: 39 4. Political committees expressly advocating the 40 nomination, election, or defeat of candidates for 41 both federal office and any elected office created 42 by law or the Constitution of the State of Iowa 43 shall file statements and reports with the board in 44 addition to any federal reports required to be filed 45 with the board. However, a political committee that 46 is registered and filing full disclosure reports of 47 all financial activities with the federal election 48 commission may file verified statements as provided in 49 section 68B.201A 68A.201A . 50 -8- SF533.3408.H (1) 84 mb 8/ 52
Sec. 22. Section 139A.19, subsection 3, as enacted 1 by 2011 Iowa Acts, House File 467, section 20, is 2 amended to read as follows: 3 3. This section does not preclude a hospital, 4 clinic, other health facility, or a health care 5 provider from providing notification to a care 6 provider under circumstances in which the hospital’s, 7 clinic’s, other health facility’s, or health care 8 provider’s policy provides for notification of the 9 hospital’s, clinics clinic’s , other health facility’s, 10 or health care provider’s own employees of exposure 11 to a contagious or infectious disease that is not 12 life-threatening if the notice does not reveal a 13 patient’s name, unless the patient consents. 14 Sec. 23. Section 175.3, subsection 1, paragraph a, 15 Code 2011, as amended by 2011 Iowa Acts, Senate File 16 429, section 1, is amended to read as follows: 17 a. The agricultural development authority is 18 established within the department of agriculture and 19 land stewardship. The agency authority is constituted 20 as a public instrumentality and agency of the state 21 exercising public and essential governmental functions. 22 Sec. 24. Section 207.22, subsection 3, paragraph b, 23 Code 2011, as amended by 2011 Iowa Acts, Senate File 24 475, section 47, is amended to read as follows: 25 b. Acquisition of coal refuse disposal sites and 26 all coal refuse thereon will serve the purposes of 27 Tit. IV of Pub. L. No. 95-87, Tit. IV, codified at 30 28 U.S.C. ch. 25, subch. IV, or that public ownership 29 is desirable to meet emergency situations and prevent 30 recurrences of the adverse effect of past coal mining 31 practices. 32 Sec. 25. Section 232.71D, subsection 3, paragraph 33 a, unnumbered paragraph 1, as enacted by 2011 Iowa 34 Acts, House File 562, section 3, is amended to read as 35 follows: 36 Unless any of the circumstances listed in paragraph 37 “b” are applicable, cases to which any of the following 38 circumstances apply shall not be placed on in the 39 central registry: 40 Sec. 26. Section 256.7, subsection 26, paragraph a, 41 subparagraph (1), as enacted by 2011 Iowa Acts, Senate 42 File 453, section 1, is amended to read as follows: 43 (1) The rules establishing high school graduation 44 requirements shall authorize a school district 45 or accredited nonpublic school to consider that 46 any student who satisfactorily completes a high 47 school-level unit of English or language arts, 48 mathematics, science, or social studies has 49 satisfactorily completed a unit of the high school 50 -9- SF533.3408.H (1) 84 mb 9/ 52
graduation requirements for that area as specified in 1 this lettered paragraph, and to shall authorize the 2 school district or accredited nonpublic school to issue 3 high school credit for the unit to the student. 4 Sec. 27. Section 321.34, subsection 20C, paragraph 5 a, if enacted by 2011 Iowa Acts, House File 651, 6 section 2, is amended to read as follows: 7 a. The department, in consultation with the 8 adjutant general, shall design combat infantryman 9 badge, combat action badge, combat action ribbon, air 10 force combat action medal, and combat medical badge 11 distinguishing processed emblems. Upon receipt of two 12 hundred fifty orders for special combat infantryman 13 badge, combat action badge, combat action ribbon, air 14 force combat action medal, or combat medical badge 15 special registration plates, accompanied by a start-up 16 fee of twenty dollars per order, the department 17 shall begin issuing special registration plates with 18 the applicable distinguishing processed emblem as 19 provided in paragraphs “b” and “c” . The minimum 20 order requirement shall apply separately to each of 21 the special registration plates created under this 22 subsection. 23 Sec. 28. Section 321.34, subsection 25, paragraph 24 a, if enacted by 2011 Iowa Acts, House File 651, 25 section 2, is amended to read as follows: 26 a. The department, in consultation with 27 the adjutant general, shall design a civil war 28 sesquicentennial distinguishing processed emblem. Upon 29 receipt of two hundred fifty orders for special civil 30 war sesquicentennial special registration plates, 31 accompanied by a start-up fee of twenty dollars per 32 order, the department shall begin issuing special 33 registration plates with a civil war sesquicentennial 34 processed emblem as provided in paragraph “b” . 35 Sec. 29. Section 327B.5, Code 2011, is amended to 36 read as follows: 37 327B.5 Penalty. 38 Any person violating the provisions of this chapter 39 shall, upon conviction, be subject to a scheduled 40 fine as provided in section 805.8A, subsection 13 , 41 paragraphs paragraph “f” and “g” . 42 Sec. 30. Section 422.11O, subsection 5, paragraph 43 a, subparagraph (2), if enacted by 2011 Iowa Acts, 44 Senate File 531, section 17, is amended to read as 45 follows: 46 (2) The E-15 plus gasoline promotion tax credit 47 pursuant to section 422.11Y. 48 Sec. 31. Section 422.11Y, subsection 1, paragraph 49 d, if enacted by 2011 Iowa Acts, Senate File 531, 50 -10- SF533.3408.H (1) 84 mb 10/ 52
section 35, is amended to read as follows: 1 d. “Tax credit” means the E-15 plus gasoline 2 promotion tax credit as provided in this section. 3 Sec. 32. Section 422.11Y, subsection 3, unnumbered 4 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 5 531, section 35, is amended to read as follows: 6 The taxes imposed under this division, less the 7 credits allowed under section 422.12, shall be reduced 8 by the amount of the E-15 plus gasoline promotion tax 9 credit for each tax year that the taxpayer is eligible 10 to claim a tax credit under this subsection. 11 Sec. 33. Section 422.11Y, subsection 6, paragraph 12 b, subparagraph (2), if enacted by 2011 Iowa Acts, 13 Senate File 531, section 35, is amended to read as 14 follows: 15 (2) The retail dealer may claim the ethanol 16 promotion tax credit as provided in paragraph “a” for 17 the same ethanol gallonage used to calculate and claim 18 the E-15 plus gasoline promotion tax credit. 19 Sec. 34. Section 423.4, subsection 9, unnumbered 20 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 21 531, section 59, is amended to read as follows: 22 A person who qualifies as a biodiesel producer as 23 provided in this subsection may apply to the director 24 for a refund of the amount of the sales or use tax 25 imposed and paid upon purchases made by the person. 26 Sec. 35. Section 483A.24A, Code 2011, as amended by 27 2011 Iowa Acts, Senate File 194, section 10, is amended 28 to read as follows: 29 483A.24A License refunds —— military service. 30 Notwithstanding any provision of this chapter to 31 the contrary, a service member deployed for military 32 service, both as defined in section 29A.1, subsection 33 3 , shall receive a refund of that portion of any 34 license fee paid by the service member representing the 35 service member’s period of military service. 36 Sec. 36. Section 501.101, subsection 01, as enacted 37 by 2011 Iowa Acts, House File 348, section 7, is 38 amended to read as follows: 39 01. “Alternative voting method” means a method of 40 voting other than a written ballot, including voting 41 by electronic, telephonic, internet, or other means 42 that reasonably allow allows members the opportunity 43 to vote. 44 Sec. 37. Section 501A.703, subsection 5, paragraph 45 d, Code 2011, as amended by 2011 Iowa Acts, House File 46 348, section 19, is amended to read as follows: 47 d. If the ballot of the member is received by 48 the cooperative on or before the date of the regular 49 members’ meeting or as otherwise prescribed for an 50 -11- SF533.3408.H (1) 84 mb 11/ 52
alternative , voting method, the ballot or alternative 1 voting method shall be accepted and counted as the vote 2 of the absent member. 3 Sec. 38. Section 511.8, subsection 22, paragraph i, 4 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, 5 Senate File 406, section 25, is amended to read as 6 follows: 7 Securities held in the legal reserve of a life 8 insurance company or association pledged as collateral 9 for financial instruments used in highly effective 10 hedging transactions as defined in the national 11 association of insurance commissioners’ Statement 12 statement of Statutory Accounting Principles No. 13 statutory accounting principles no. 86 shall continue 14 to be eligible for inclusion on in the legal reserve of 15 the life insurance company or association subject to 16 all of the following: 17 Sec. 39. Section 514J.109, subsection 3, paragraph 18 f, if enacted by 2011 Iowa Acts, House File 597, 19 section 9, is amended to read as follows: 20 f. The covered person or the covered person’s 21 authorized representative has provided all the 22 information and forms required by the commissioner that 23 are necessary to process an external review request 24 pursuant to this section. 25 Sec. 40. Section 521F.4, subsection 1, paragraph b, 26 as enacted by 2011 Iowa Acts, Senate File 406, section 27 44, is amended to read as follows: 28 b. The filing of a risk-based capital report by 29 a health organization which indicates that the health 30 organization has total adjusted capital which is 31 greater than or equal to its company-action-level 32 risk-based capital but less than the product of its 33 authorized-control-level risk-based capital and three 34 and triggers the trend test determined in accordance 35 with the trend test calculations calculation included 36 in the health risk-based capital instructions. 37 Sec. 41. Section 524.310, subsection 5, paragraph 38 b, Code 2011, as amended by 2011 Iowa Acts, Senate File 39 475, section 120, is amended to read as follows: 40 b. A corporate or company name reserved, 41 registered, or protected as provided in section 42 489.109, 490.402 , 490.403 , 490A.402 , 504.402 , or 504.403 . 43 Sec. 42. Section 717.3, subsection 5, paragraph b, 44 Code 2011, as enacted by 2011 Iowa Acts, Senate File 45 478, section 6, is amended to read as follows: 46 b. That the department shall assume supervision of 47 and provide for the sustenance of the livestock and as 48 provided in section 717.4. 49 Sec. 43. Section 717.4, subsection 2, as enacted by 50 -12- SF533.3408.H (1) 84 mb 12/ 52
2011 Iowa Acts, Senate File 478, section 7, is amended 1 to read as follows: 2 2. The court ordered lien shall be for the benefit 3 of the department. The amount of the lien shall not 4 be not more than for expenses incurred in providing 5 sustenance to the livestock pursuant to section 717.3 6 and providing for the disposition of the livestock 7 pursuant to section 717.5. 8 Sec. 44. Section 717.4A, as enacted by 2011 Iowa 9 Acts, Senate File 478, section 8, is amended to read 10 as follows: 11 717.4A Livestock in immediate need of sustenance —— 12 livestock remediation fund. 13 The department may utilize the moneys deposited 14 into the livestock remediation fund pursuant to 15 section 459.501 to pay for any expenses associated 16 with providing sustenance to or the disposition of the 17 livestock pursuant to a court order entered pursuant to 18 section 717.3 or 717.5. The department shall utilize 19 moneys from the fund only to the extent that the 20 department determines that expenses cannot be timely 21 paid by utilizing the available provisions of sections 22 717.4 and 717.5. The department shall deposit any 23 unexpended and unobligated moneys in the fund. The 24 department shall pay to the fund the proceeds from the 25 disposition of the livestock and associated products 26 less expenses incurred by the department in providing 27 for the sustenance and disposition of the livestock, as 28 provided in section 717.5. 29 Sec. 45. Section 903A.5, subsection 1, as enacted 30 by 2011 Iowa Acts, House File 271, section 3, is 31 amended to read as follows: 32 1. An inmate shall not be discharged from the 33 custody of the director of the Iowa department of 34 corrections until the inmate has served the full term 35 for which the inmate was sentenced, less earned time 36 and other credits earned and not forfeited, unless 37 the inmate is pardoned or otherwise legally released. 38 Earned time accrued and not forfeited shall apply 39 to reduce a mandatory minimum sentence being served 40 pursuant to section 124.406 , 124.413 , 902.7 , 902.8 , 41 902.8A , or 902.11 . An inmate shall be deemed to be 42 serving the sentence from the day on which the inmate 43 is received into the institution. If an inmate was 44 confined to a county jail or other correctional or 45 mental facility at any time prior to sentencing, or 46 after sentencing but prior to the case having been 47 decided on appeal, because of failure to furnish 48 bail or because of being charged with a nonbailable 49 offense, the inmate shall be given credit for the 50 -13- SF533.3408.H (1) 84 mb 13/ 52
days already served upon the term of the sentence. 1 However, if a person commits any offense while confined 2 in a county jail or other correctional or mental 3 health facility, the person shall not be granted 4 jail credit for that offense. Unless the inmate was 5 confined in a correctional facility, the sheriff of 6 the county in which the inmate was confined shall 7 certify to the clerk of the district court from which 8 the inmate was sentenced and to the department of 9 corrections’ records administrator at the Iowa medical 10 and classification center the number of days so served. 11 The department of corrections’ records administrator, 12 or the administrator’s designee, shall apply jail 13 credit as ordered by the court of proper jurisdiction 14 or as authorized by this section and section 907.3, 15 subsection 3 . 16 Sec. 46. EFFECTIVE DATES. 17 1. The section of this division of this Act 18 amending section 422.11O, subsection 5, paragraph a, 19 subparagraph (2), if enacted by 2011 Iowa Acts, Senate 20 File 531, section 17, takes effect January 1, 2012. 21 2. Section 423.4, subsection 9, unnumbered 22 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 23 531, section 59, takes effect January 1, 2012. 24 Sec. 47. APPLICABILITY. 25 1. The section of this division of this Act 26 amending section 422.11O, subsection 5, paragraph a, 27 subparagraph (2), if enacted by 2011 Iowa Acts, Senate 28 File 531, section 17, applies to tax years beginning on 29 and after January 1, 2012. 30 2. The section of this division of this Act 31 amending section 422.11Y, subsection 1, paragraph d, if 32 enacted by 2011 Iowa Acts, Senate File 531, section 35, 33 applies to tax years beginning on and after January 1, 34 2012, and to that part of a retail dealer’s tax year or 35 tax years occurring during that portion of the calendar 36 year beginning on and after July 1, 2011, and ending 37 on December 31, 2011. 38 3. The section of this division of this Act 39 amending section 422.11Y, subsection 3, unnumbered 40 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 41 531, section 35, applies to tax years beginning on and 42 after January 1, 2012, and to that part of a retail 43 dealer’s tax year or tax years occurring during that 44 portion of the calendar year beginning on and after 45 July 1, 2011, and ending on December 31, 2011. 46 4. The section of this division of this Act 47 amending section 422.11Y, subsection 6, paragraph b, 48 subparagraph (2), if enacted by 2011 Iowa Acts, Senate 49 File 531, section 35, applies to tax years beginning on 50 -14- SF533.3408.H (1) 84 mb 14/ 52
and after January 1, 2012, and to that part of a retail 1 dealer’s tax year or tax years occurring during that 2 portion of the calendar year beginning on and after 3 July 1, 2011, and ending on December 31, 2011. 4 DIVISION IV 5 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 6 Sec. 48. APPROPRIATION —— BATTLESHIP IOWA, BB-61. 7 1. There is appropriated from the general fund of 8 the state to the department of cultural affairs for the 9 fiscal year beginning July 1, 2010, and ending June 30, 10 2011, the following amount, or so much thereof as is 11 necessary, to be credited to the BB-61 fund created in 12 2010 Iowa Acts, chapter 1194: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 14 2. If the department of the navy, pursuant to a 15 process outlined in a notice published in the federal 16 register on May 24, 2010, volume 75, number 99, awards 17 possession or conditionally awards possession of the 18 battleship Iowa, BB-61, to a nonprofit group that is 19 eligible to receive the battleship, the department of 20 cultural affairs shall award a grant to the nonprofit 21 group in an amount equal to $3 million in addition to 22 any moneys awarded as a grant from the BB-61 fund. 23 3. Notwithstanding section 8.33, moneys 24 appropriated in this section that remain unencumbered 25 or unobligated at the close of the fiscal year shall 26 not revert but shall remain available for expenditure 27 for the purposes designated for succeeding fiscal 28 years. 29 Sec. 49. STATE AGENCY OFFICE SUPPLIES PURCHASE, 30 EQUIPMENT PURCHASES, PRINTING AND BINDING, AND 31 MARKETING —— APPLICABILITY. The limitation on 32 expenditures made for office supplies, purchases 33 of equipment, office equipment, and equipment 34 noninventory, printing and binding, and marketing 35 implemented pursuant to 2011 Iowa Acts, House File 45, 36 section 2, does not apply to a department or agency 37 receiving a supplemental appropriation for the fiscal 38 year beginning July 1, 2010, pursuant to 2011 Iowa 39 Acts, Senate File 209, division III. 40 Sec. 50. NEW SECTION . 7E.8 Implementation of 41 federal statute, regulation, or policy. 42 1. Except as otherwise explicitly authorized by 43 state law, a state administrative agency charged with 44 the implementation of a federal statute, regulation, or 45 policy shall not exceed the specific requirements of 46 that statute, regulation, or policy. 47 2. Any portion of a state administrative agency 48 rule or policy that is in violation of subsection 1 is 49 void. 50 -15- SF533.3408.H (1) 84 mb 15/ 52
Sec. 51. Section 256C.5, subsection 1, paragraph c, 1 Code 2011, is amended to read as follows: 2 c. “Preschool budget enrollment” means the figure 3 that is equal to sixty thirty percent of the actual 4 enrollment of eligible students in the preschool 5 programming provided by a school district approved 6 to participate in the preschool program on October 1 7 of the base year, or the first Monday in October if 8 October 1 falls on a Saturday or Sunday. 9 Sec. 52. NEW SECTION . 274.3 Exercise of powers —— 10 construction. 11 1. The board of directors of a school district 12 shall operate, control, and supervise all public 13 schools located within its district boundaries and may 14 exercise any broad and implied power related to the 15 operation, control, and supervision of those public 16 schools except as expressly prohibited or prescribed by 17 the Constitution of the State of Iowa or by statute. 18 2. Notwithstanding subsection 1, the board of 19 directors of a school district shall not have power to 20 levy any tax unless expressly authorized by the general 21 assembly. 22 3. This section shall not apply to a research and 23 development school as defined in section 256G.2 or to 24 a laboratory school as defined in section 265.1. The 25 board of directors of a school district in which such a 26 research and development school or laboratory school 27 is located shall not exercise over such a school any 28 powers granted to the board by subsection 1. 29 4. This chapter, chapter 257 and chapters 275 30 through 301, and other statutes relating to the 31 boards of directors of school districts and to school 32 districts shall be liberally construed to effectuate 33 the purposes of subsection 1. 34 Sec. 53. Section 321J.2, subsection 4, paragraph b, 35 Code 2011, is amended to read as follows: 36 b. Assessment of a minimum fine of one thousand 37 eight hundred fifty seventy-five dollars and a maximum 38 fine of six thousand two hundred fifty dollars. 39 Surcharges and fees shall be assessed pursuant to 40 chapter 911 . 41 Sec. 54. Section 422.11P, subsection 2, paragraph 42 b, Code 2011, as enacted by 2011 Iowa Acts, Senate File 43 531, section 25, is amended to read as follows: 44 b. The tax credit shall apply to biodiesel blended 45 fuel classified as provided in this section , if the 46 classification meets the standards provided in section 47 214A.2 . In ensuring that biodiesel blended fuel meets 48 the classification requirements of this section, the 49 department shall take into account reasonable variances 50 -16- SF533.3408.H (1) 84 mb 16/ 52
due to testing and other limitations. 1 Sec. 55. Section 455A.6, subsection 5, Code 2011, 2 is amended by striking the subsection and inserting in 3 lieu thereof the following: 4 5. Six members of the commission is a quorum, and a 5 majority of the commission membership may act in any 6 matter within the jurisdiction of the commission. 7 Sec. 56. Section 455A.6, subsection 6, paragraph a, 8 Code 2011, is amended to read as follows: 9 a. Establish policy for the department and adopt 10 rules, pursuant to chapter 17A, necessary to provide 11 for the effective administration of chapter 455B, 455C, 12 or 459. The commission shall have only that authority 13 or discretion which is explicitly delegated to or 14 conferred upon the commission by chapter 455B, 455C, or 15 459, and shall not expand or enlarge on that authority 16 or discretion. 17 Sec. 57. REPEAL. Chapter 327K, Code 2011, is 18 repealed. 19 Sec. 58. EFFECTIVE AND APPLICABILITY DATES. The 20 section of this division of this Act appropriating 21 moneys to the department of cultural affairs for 22 purposes of a grant for the battleship Iowa, BB-61, 23 being deemed of immediate importance, takes effect upon 24 enactment and, if approved by the governor on or after 25 July 1, 2011, shall apply retroactively to June 30, 26 2011. 27 Sec. 59. APPLICABILITY. The section of this 28 division of this Act amending section 256C.5, 29 subsection 1, takes effect upon enactment, and applies 30 to budget years beginning on or after July 1, 2011. 31 Sec. 60. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 32 APPLICABILITY. The provision of this division of this 33 Act relating to a limitation on state agency office 34 supplies purchase, equipment purchases, printing and 35 binding, and marketing as enacted by 2011 Iowa Acts, 36 House File 45, being deemed of immediate importance, 37 takes effect upon enactment and applies retroactively 38 to March 7, 2011. 39 DIVISION V 40 PERFORMANCE OF DUTY 41 Sec. 61. Section 7D.10, Code 2011, is amended to 42 read as follows: 43 7D.10 Court costs. 44 If sufficient funds for court costs have not been 45 appropriated to a state department, or if sufficient 46 funds are not otherwise available for such purposes 47 within the budget of a state department, upon 48 authorization by the executive council may pay, out of 49 any money in the state treasury there is appropriated 50 -17- SF533.3408.H (1) 84 mb 17/ 52
from moneys in the general fund of the state not 1 otherwise appropriated, an amount sufficient to pay 2 expenses incurred, or costs taxed to the state, in 3 any proceeding brought by or against any of the state 4 departments or in which the state is a party or is 5 interested. This section shall not be construed to 6 authorize the payment of travel or other personal 7 expenses of state officers or employees. 8 Sec. 62. Section 7D.10A, as amended by 2011 Iowa 9 Acts, Senate File 478, section 11, as enacted, is 10 amended to read as follows: 11 7D.10A Allocation Payment to livestock remediation 12 fund. 13 If moneys are not sufficient to support the 14 livestock remediation fund as provided in chapter 459, 15 subchapter V , the executive council may allocate from 16 moneys in the general fund of the state, which are 17 not otherwise obligated or encumbered, authorize as 18 an expense paid from the appropriations addressed in 19 section 7D.29 the payment of an amount to the livestock 20 remediation fund as provided under section 459.501 , 21 subsection 5 . However, not more than a total of 22 one million dollars shall be allocated shall be paid 23 pursuant to this section to the livestock remediation 24 fund at any time. 25 Sec. 63. Section 7D.29, Code 2011, is amended to 26 read as follows: 27 7D.29 Performance of duty —— expense. 28 1. The executive council shall not employ others, 29 or incur authorize any expense, for the purpose of 30 performing any duty imposed upon the council when 31 the duty may, without neglect of their usual duties, 32 be performed by the members, or by their regular 33 employees, but, subject to this limitation, the council 34 may incur authorize the necessary expense to perform 35 or cause to be performed any legal duty imposed on 36 the council , and pay the same out of any money in the 37 state treasury not otherwise appropriated . The expenses 38 authorized by the executive council in accordance 39 with this section and the expenses authorized by the 40 executive council in accordance with other statutory 41 provisions referencing the appropriations addressed in 42 this section shall be paid as follows: 43 a. From the appropriation made from the Iowa 44 economic emergency fund in section 8.55 for purposes of 45 paying such expenses. 46 b. To the extent the appropriation from the 47 Iowa economic emergency fund described in paragraph 48 “a” is insufficient to pay such expenses, there is 49 appropriated from moneys in the general fund of the 50 -18- SF533.3408.H (1) 84 mb 18/ 52
state not otherwise appropriated the amount necessary 1 to fund that deficiency. > 2 2. At least two weeks prior to the executive 3 council’s approval of a payment authorization under 4 this section , the secretary of the executive council 5 shall notify the legislative services agency that 6 the authorization request will be considered by 7 the executive council and shall provide background 8 information justifying the request. 9 3. The executive council shall receive requests 10 from the Iowa department of public health relative to 11 the purchase, storing, and distribution of vaccines and 12 medication for prevention, prophylaxis, or treatment. 13 Upon review and after compliance with subsection 2 , 14 the executive council may approve the request and may 15 incur authorize payment of the necessary expense and 16 pay the same out of any money in the state treasury not 17 otherwise appropriated . The expense authorized by the 18 executive council under this subsection shall be paid 19 from the appropriations referred to in subsection 1. 20 Sec. 64. Section 7D.30, Code 2011, is amended to 21 read as follows: 22 7D.30 Necessary record. 23 Before incurring authorizing any expense authorized 24 by in accordance with section 7D.29 , the executive 25 council shall, in each case, by resolution, entered 26 upon its records, set forth the necessity for incurring 27 authorizing such expense, the special fitness of the 28 one employed to perform such work, the definite rate of 29 compensation or salary allowed, and the total amount of 30 money that may be expended. Compensation or salary for 31 personal services in such cases must be determined by 32 unanimous vote of all members of the council. 33 Sec. 65. Section 8.55, subsection 3, paragraph a, 34 Code 2011, is amended to read as follows: 35 a. Except as provided in paragraphs “b” , and “c” , and 36 “0d” , the moneys in the Iowa economic emergency fund 37 shall only be used pursuant to an appropriation made 38 by the general assembly. An appropriation shall only 39 be made for the fiscal year in which the appropriation 40 is made. The moneys shall only be appropriated by the 41 general assembly for emergency expenditures. 42 Sec. 66. Section 8.55, subsection 3, Code 2011, is 43 amended by adding the following new paragraph: 44 NEW PARAGRAPH . 0d. There is appropriated from the 45 Iowa economic emergency fund to the executive council 46 an amount sufficient to pay the expenses authorized by 47 the executive council, as addressed in section 7D.29. 48 Sec. 67. Section 8A.321, subsection 4, Code 2011, 49 is amended to read as follows: 50 -19- SF533.3408.H (1) 84 mb 19/ 52
4. Contract, with the approval of the executive 1 council, for the repair, remodeling, or, if the 2 condition warrants, demolition of all buildings and 3 grounds of the state at the seat of government, at 4 the state laboratories facility in Ankeny, and the 5 institutions of the department of human services and 6 the department of corrections for which no specific 7 appropriation has been made, if the cost of repair, 8 remodeling, or demolition will not exceed one hundred 9 thousand dollars when completed. The cost of repair 10 projects for which no specific appropriation has 11 been made shall be paid from the fund as an expense 12 authorized by the executive council as provided in 13 section 7D.29 . 14 Sec. 68. Section 8A.321, subsection 6, paragraphs a 15 and b, Code 2011, are amended to read as follows: 16 a. Lease all buildings and office space necessary 17 to carry out the provisions of this subchapter or 18 necessary for the proper functioning of any state 19 agency at the seat of government. For state agencies 20 at the seat of government, the director may lease 21 buildings and office space in Polk county or in a 22 county contiguous to Polk county. If no specific 23 appropriation has been made, the proposed lease shall 24 be submitted to the executive council for approval 25 authorization and if authorized lease expense shall 26 be paid from the appropriations addressed in section 27 7D.29 . The cost of any lease for which no specific 28 appropriation has been made shall be paid from the fund 29 provided in section 7D.29 . 30 b. When the general assembly is not in session, the 31 director may request moneys an expense authorization 32 from the executive council for moving state agencies 33 located at the seat of government from one location 34 to another. The request may include moving costs, 35 telecommunications costs, repair costs, or any other 36 costs relating to the move. The executive council may 37 approve and shall pay the costs from funds authorize 38 the expenses provided and may authorize the expenses to 39 be paid from the appropriations addressed in section 40 7D.29 if it determines the agency or department has 41 no available does not have funds available for these 42 expenses. 43 Sec. 69. Section 11.32, as amended by 2011 Iowa 44 Acts, House File 536, section 26, as enacted, is 45 amended to read as follows: 46 11.32 Certified accountants employed. 47 Nothing in this chapter shall prohibit the auditor 48 of state, with the prior written permission of the 49 state executive council, from employing certified 50 -20- SF533.3408.H (1) 84 mb 20/ 52
public accountants for specific assignments. The 1 auditor of state may employ such accountants for any 2 assignment now expressly reserved to the auditor of 3 state. Payments, after approval by the executive 4 council, will shall be made to the accountants so 5 employed from funds from which the auditor of state 6 would have been paid had the auditor of state performed 7 the assignment, or if no such specific funds are 8 indicated not available , then payment will be made 9 from the funds of authorization of the expense by the 10 executive council shall be requested, and if authorized 11 shall be paid from the appropriations addressed in 12 section 7D.29 . 13 Sec. 70. Section 13.3, Code 2011, is amended to 14 read as follows: 15 13.3 Disqualification —— substitute. 16 1. If, for any reason, the attorney general be 17 is disqualified from appearing in any action or 18 proceeding, the executive council shall appoint some 19 authorize the appointment of a suitable person for that 20 purpose and defray the . There is appropriated from 21 moneys in the general fund not otherwise appropriated 22 an amount necessary to pay the reasonable expense 23 thereof from any unappropriated funds in the state 24 treasury for the person appointed . The department 25 involved in the action or proceeding shall be requested 26 to recommend a suitable person to represent the 27 department and when the executive council concurs in 28 the recommendation, the person recommended shall be 29 appointed. 30 2. If the governor or a department is represented 31 by an attorney other than the attorney general in a 32 court proceeding as provided in this section , at the 33 conclusion of the court proceedings, the court shall 34 review the fees charged to the state to determine 35 if the fees are fair and reasonable. The executive 36 council shall not reimburse authorize reimbursement 37 of attorney fees in excess of those determined by the 38 court to be fair and reasonable. 39 Sec. 71. Section 13.7, Code 2011, is amended to 40 read as follows: 41 13.7 Special counsel. 42 Compensation shall not be allowed to any person for 43 services as an attorney or counselor to an executive 44 department of the state government, or the head thereof 45 of an executive department of state government , or to 46 a state board or commission. However, the executive 47 council may employ authorize employment of legal 48 assistance, at a reasonable compensation, in a pending 49 action or proceeding to protect the interests of the 50 -21- SF533.3408.H (1) 84 mb 21/ 52
state, but only upon a sufficient showing, in writing, 1 made by the attorney general, that the department of 2 justice cannot for reasons stated by the attorney 3 general perform the service , which . The reasons 4 and action of the council shall be entered upon its 5 records. When If the attorney general determines that 6 the department of justice cannot perform legal service 7 in an action or proceeding, the executive council 8 shall request the department involved in the action or 9 proceeding to recommend legal counsel to represent the 10 department. If the attorney general concurs with the 11 department that the person recommended is qualified 12 and suitable to represent the department, the person 13 recommended shall be employed. If the attorney general 14 does not concur in the recommendation, the department 15 shall submit a new recommendation. This section does 16 not affect the general counsel for the utilities board 17 of the department of commerce, the legal counsel of the 18 department of workforce development, or the general 19 counsel for the property assessment appeal board. 20 Sec. 72. Section 29A.27, unnumbered paragraph 8, 21 Code 2011, is amended to read as follows: 22 All payments herein provided for under this section 23 shall be paid on the approval of the adjutant general 24 from the contingent fund of the executive council 25 created in section 29C.20 . 26 Sec. 73. Section 29C.8, subsection 3, paragraph 27 f, subparagraph (3), Code 2011, is amended to read as 28 follows: 29 (3) Upon notification of a compensable loss to a 30 member of a homeland security and emergency management 31 response team, the department of administrative 32 services shall process the claim and seek funding 33 authorization from the executive council for to pay 34 as an expense paid from the appropriations addressed 35 in section 7D.29 those costs associated with covered 36 benefits. 37 Sec. 74. Section 29C.20, subsection 1, paragraph a, 38 unnumbered paragraph 1, Code 2011, is amended to read 39 as follows: 40 A contingent fund is created in the state treasury 41 for the use of the executive council which . Funding 42 for the contingent fund, if authorized by the executive 43 council, shall be paid from the appropriations 44 addressed in section 7D.29. Moneys in the contingent 45 fund may be expended for the following purposes: 46 Sec. 75. Section 96.13, subsection 3, paragraph c, 47 Code 2011, is amended to read as follows: 48 c. The department may appear before the executive 49 council and request funds authorization of moneys to 50 -22- SF533.3408.H (1) 84 mb 22/ 52
meet unanticipated emergencies as an expense from the 1 appropriations addressed in section 7D.29 . 2 Sec. 76. Section 135.143, subsection 5, Code 2011, 3 is amended to read as follows: 4 5. Upon notification of a compensable loss, the 5 department of administrative services shall seek 6 funding authorization from the executive council for 7 to pay as an expense from the appropriations addressed 8 in section 7D.29 those costs associated with covered 9 workers’ compensation benefits. 10 Sec. 77. Section 135.144, subsection 11, Code 2011, 11 is amended to read as follows: 12 11. If a public health disaster or other public 13 health emergency situation exists which poses an 14 imminent threat to the public health, safety, and 15 welfare, the department, in conjunction with the 16 governor, may provide financial assistance, from funds 17 appropriated to the department that are not otherwise 18 encumbered, to political subdivisions as needed to 19 alleviate the disaster or the emergency. If the 20 department does not have sufficient unencumbered funds, 21 the governor may request that the executive council , 22 pursuant to the authority of section 7D.29 , commit 23 sufficient funds, to authorize the payment of up to one 24 million dollars , that are not otherwise encumbered from 25 the general fund, as needed and available, for as an 26 expense from the appropriations addressed in section 27 7D.29 to alleviate the disaster or the emergency. If 28 additional financial assistance is required in excess 29 of one million dollars, approval by the legislative 30 council is also required. 31 Sec. 78. Section 163.3A, subsection 4, paragraph b, 32 Code 2011, is amended to read as follows: 33 b. The department shall provide and update a list 34 of the registered members of each emergency response 35 team, including the members’ names and identifying 36 information, to the department of administrative 37 services. Upon notification of a compensable loss 38 suffered by a registered member, the department 39 of administrative services shall seek funding 40 authorization from the executive council for to pay as 41 an expense from the appropriations addressed in section 42 7D.29 those costs associated with covered benefits. 43 Sec. 79. Section 163.10, Code 2011, is amended to 44 read as follows: 45 163.10 Quarantining or destroying animals. 46 The department may quarantine or destroy any 47 animal exposed to or afflicted with an infectious or 48 contagious disease. However, cattle exposed to or 49 infected with tuberculosis shall not be destroyed 50 -23- SF533.3408.H (1) 84 mb 23/ 52
without the owner’s consent, unless there are 1 sufficient moneys to reimburse the owner for the 2 cattle, which may be paid from the appropriation as 3 an expense authorized as provided in section 163.15 , 4 from moneys in the brucellosis and tuberculosis 5 eradication fund created in section 165.18 , or from 6 moneys made available by the United States department 7 of agriculture. 8 Sec. 80. Section 163.15, subsection 2, paragraph 9 a, subparagraph (3), Code 2011, is amended to read as 10 follows: 11 (3) A claim for an indemnity by the owner and a 12 claim for compensation and expenses by the appraisers 13 shall be filed with the department and submitted by the 14 secretary of agriculture to the executive council for 15 its approval or disapproval authorization of payment 16 of the claim as an expense from the appropriations 17 addressed in section 7D.29 . 18 Sec. 81. Section 163.15, subsection 2, paragraph 19 a, subparagraph (4), Code 2011, is amended by striking 20 the subparagraph. 21 Sec. 82. Section 163.15, subsection 2, paragraph b, 22 unnumbered paragraph 1, Code 2011, is amended to read 23 as follows: 24 A formula established by rule adopted by the 25 department that is effective as determined by 26 the department in accordance with chapter 17A and 27 applicable upon approval of the plan program of 28 eradication approved by the executive council. The 29 formula shall be applicable to indemnify owners if the 30 executive council, upon recommendation by the secretary 31 of agriculture, determines that an animal population 32 in this state is threatened with infection from an 33 exceptionally contagious disease. 34 Sec. 83. Section 163.15, subsection 2, paragraph 35 b, subparagraph (4), Code 2011, is amended to read as 36 follows: 37 (4) Upon approval by the The executive council , 38 there is appropriated to the department from any 39 moneys in the general fund of the state not otherwise 40 appropriated moneys sufficient to carry out the 41 may authorize payment under the provisions of this 42 paragraph “b” as an expense from the appropriations 43 addressed in section 7D.29 . 44 Sec. 84. Section 307.45, subsection 3, Code 2011, 45 is amended to read as follows: 46 3. Assessments against property owned by the state 47 and not under the jurisdiction and control of the 48 department’s administrator of highways shall be made in 49 the same manner as those made against private property 50 -24- SF533.3408.H (1) 84 mb 24/ 52
and payment shall be made subject to authorization by 1 the executive council from any funds of the state not 2 otherwise appropriated . There is appropriated from 3 moneys in the general fund not otherwise appropriated 4 an amount necessary to pay the expense authorized by 5 the executive council. 6 Sec. 85. Section 384.56, subsection 1, Code 2011, 7 is amended to read as follows: 8 1. Cities may assess the cost of a public 9 improvement which extends through, abuts upon, or is 10 adjacent to lands owned by the state, and the executive 11 council shall pay payment for the assessable portion 12 of the cost of the improvement through or along the 13 lands as provided shall be subject to authorization by 14 the executive council . The executive council shall 15 pay assessments as and payable in the manner provided 16 in section 307.45 for property owned by the state and 17 not under the jurisdiction and control of the state 18 department of transportation . 19 Sec. 86. Section 459.501, subsection 5, as amended 20 by 2011 Iowa Acts, Senate File 478, section 1, as 21 enacted, is amended to read as follows: 22 5. The following shall apply to moneys in the fund: 23 a. (1) The executive council may allocate moneys 24 from the general fund of the state as authorize payment 25 of moneys as an expense paid from the appropriations 26 addressed in section 7D.29 and in the manner provided 27 in section 7D.10A in an amount necessary to support the 28 fund, including the following: 29 (a) The payment of claims as provided in section 30 459.505 . 31 (b) The allocation of moneys to the department 32 of agriculture and land stewardship for the payment 33 of expenses incurred by the department of agriculture 34 and land stewardship associated with providing for the 35 sustenance and disposition of livestock pursuant to 36 chapter 717 . 37 (2) Notwithstanding subparagraph (1), the 38 allocation of moneys from the general fund of the state 39 executive council’s authorization for payment shall be 40 made provided only if the amount of moneys in the fund, 41 which are not obligated or encumbered, and not counting 42 the department’s estimate of the cost to the fund for 43 pending or unsettled claims, the amount to be allocated 44 to the department of agriculture and land stewardship, 45 and any amount required to be credited to the general 46 fund of the state under this subsection , is less than 47 one million dollars. 48 b. The department of natural resources shall 49 credit an amount to the general fund of the state 50 -25- SF533.3408.H (1) 84 mb 25/ 52
from which the expense authorized by the executive 1 council as provided in paragraph “a” was appropriated 2 which is equal to an amount allocated to support the 3 livestock remediation fund by the executive council 4 under paragraph “a” . The However, the department shall 5 only be required to credit the moneys to the general 6 such fund of the state if the moneys in the livestock 7 remediation fund which are not obligated or encumbered, 8 and not counting the department’s estimate of the 9 cost to the livestock remediation fund for pending or 10 unsettled claims, the amount to be allocated to the 11 department of agriculture and land stewardship, and 12 any amount required to be transferred to the general 13 fund under from which appropriated as described in this 14 paragraph, are in excess of two million five hundred 15 thousand dollars. The department is not required to 16 credit the total amount to the general fund of the 17 state from which appropriated as described in this 18 paragraph during any one fiscal year. 19 Sec. 87. Section 468.43, unnumbered paragraph 4, 20 Code 2011, is amended to read as follows: 21 The assessments against lands under the jurisdiction 22 of the department of natural resources shall be paid as 23 an expense from the appropriations addressed in section 24 7D.29, if authorized by the executive council upon 25 certification of the amount by the county treasurer. 26 There is appropriated from any funds in the general 27 fund of the state not otherwise appropriated amounts 28 sufficient to pay the certified assessments. 29 Sec. 88. Section 568.16, Code 2011, is amended to 30 read as follows: 31 568.16 Purchase money refunded. 32 If the grantee of the state, or the grantee’s 33 successors, administrators, or assigns, shall be 34 deprived of the land conveyed by the state under this 35 chapter by the final decree of a court of record for 36 the reason that the conveyance by the state passed 37 no title whatever to the land therein did not pass 38 title to the land described, because title thereto to 39 the land had previously for any reason been vested 40 in others, then the money so paid by the state for 41 the said land shall be refunded by the state to the 42 person or persons entitled thereto to the refund , 43 provided the said grantee, or the grantee’s successors, 44 administrators, or assigns, shall file a certified 45 copy of the transcript of the said final decree with 46 the executive council within one year from the date 47 of the issuance of such decree, and shall also file 48 satisfactory proof with the executive council that the 49 action over the title to the land was commenced within 50 -26- SF533.3408.H (1) 84 mb 26/ 52
ten years from the date of the issuance of patent or 1 deed by the state. The amount of money to be refunded 2 under the provisions of this section shall be certified 3 authorized and paid by the executive council to the 4 director of the department of administrative services, 5 who shall draw a warrant therefor, and the same shall 6 be paid out of the general fund as an expense from the 7 appropriations addressed in section 7D.29 . 8 Sec. 89. Section 602.10133, Code 2011, is amended 9 to read as follows: 10 602.10133 Costs and expenses. 11 The court costs incident to such proceedings , 12 and the reasonable expense of said the judges in 13 attending said the hearing after being approved by 14 the supreme court shall be paid as court costs an 15 expense authorized by the executive council from the 16 appropriations addressed in section 7D.29 . 17 Sec. 90. Section 663.44, Code 2011, is amended to 18 read as follows: 19 663.44 Costs. 20 1. If the plaintiff is discharged, the costs shall 21 be assessed to the defendant, unless the defendant 22 is an officer holding the plaintiff in custody under 23 a commitment, or under other legal process, in which 24 case the costs shall be assessed to the county. If the 25 plaintiff’s application is refused, the costs shall be 26 assessed against the plaintiff, and, in the discretion 27 of the court, against the person who filed the petition 28 in the plaintiff’s behalf. 29 2. However, where Notwithstanding subsection 1, if 30 the plaintiff is confined in any state institution , and 31 is discharged in habeas corpus proceedings, or where if 32 the habeas corpus proceedings fail , and costs and fees 33 cannot be collected from the person liable to pay the 34 same costs and fees , such the costs and fees shall be 35 paid by the county in which such state institution is 36 located. The facts of such payment and the proceedings 37 on which it is based, with a statement of the amount 38 of fees or costs incurred, with approval in writing 39 by the presiding judge appended to such the statement 40 or endorsed thereon on the statement , shall then be 41 certified by the clerk of the district court under the 42 seal of office to the state executive council. The 43 executive council shall then review the proceedings and 44 authorize reimbursement for all such fees and costs 45 or such part thereof of the fees and costs as the 46 executive council shall find finds justified, and shall 47 notify the director of the department of administrative 48 services to draw a warrant to such county treasurer 49 on the state general fund for the amount authorized. 50 -27- SF533.3408.H (1) 84 mb 27/ 52
There is appropriated from moneys in the general fund 1 not otherwise appropriated an amount necessary to pay 2 the reimbursement authorized by the executive council. 3 The costs and fees referred to above shall include 4 any award of fees made to a court appointed attorney 5 representing an indigent party bringing the habeas 6 corpus action. 7 DIVISION VI 8 GROW IOWA VALUES FUND AND PROGRAM 9 Sec. 91. Section 15.103, subsection 6, Code 2011, 10 is amended to read as follows: 11 6. As part of the organizational structure of the 12 department, the board shall establish a due diligence 13 committee and a loan and credit guarantee committee 14 composed of members of the board. The committees shall 15 serve in an advisory capacity to the board and shall 16 carry out any duties assigned by the board in relation 17 to programs administered by the department. The loan 18 and credit guarantee committee shall advise the board 19 on the winding up of loan guarantees made under the 20 loan and credit guarantee program established pursuant 21 to section 15E.224 , Code 2009 , and on the proper 22 amount of the allocation described in section 15G.111, 23 subsection 4 , paragraph “g” . 24 Sec. 92. Section 15.104, subsection 1, Code 2011, 25 is amended by striking the subsection. 26 Sec. 93. Section 15.104, subsection 8, paragraphs 27 b and i, Code 2011, are amended by striking the 28 paragraphs. 29 Sec. 94. Section 15.104, subsection 8, paragraph j, 30 Code 2011, is amended to read as follows: 31 j. Renewable fuel programs. A detailed accounting 32 of expenditures in support of renewable fuel 33 infrastructure programs, as provided in sections 34 15G.203 and 15G.204 . The renewable fuel infrastructure 35 board established in section 15G.202 shall approve that 36 portion of the department’s annual report regarding 37 projects supported from the grow Iowa values fund 38 created in section 15G.111 . This paragraph is repealed 39 on July 1, 2012. 40 Sec. 95. Section 15.327, Code 2011, is amended by 41 adding the following new subsections: 42 NEW SUBSECTION . 01. “Base employment level” means 43 the number of full-time equivalent positions at a 44 business, as established by the department and a 45 business using the business’s payroll records, as of 46 the date a business applies for financial assistance 47 under the program. 48 NEW SUBSECTION . 3A. “County wage” means the 49 average hourly compensation rates, excluding the value 50 -28- SF533.3408.H (1) 84 mb 28/ 52
of nonwage benefits for comparable jobs, from the most 1 recent four quarters of wage and employment information 2 from the quarterly covered wage and employment 3 data report issued by the department of workforce 4 development. 5 NEW SUBSECTION . 7A. “Full-time equivalent position” 6 means a non-part-time position for the number of hours 7 or days per week considered to be full-time work for 8 the kind of service or work performed for an employer. 9 Typically, a full-time equivalent position requires 10 two thousand eighty hours of work in a calendar year, 11 including all paid holidays, vacations, sick time, and 12 other paid leave. 13 NEW SUBSECTION . 7B. “Maintenance period” means the 14 period of time between the project completion date and 15 maintenance period completion date. 16 NEW SUBSECTION . 12A. “Regional wage” means the 17 average hourly compensation rates, excluding the value 18 of nonwage benefits for comparable jobs, from the most 19 recent four quarters of wage and employment information 20 from the quarterly covered wage and employment 21 data report issued by the department of workforce 22 development. 23 Sec. 96. Section 15.327, subsections 1, 4, 7, 8, 24 10, 12, and 13, Code 2011, are amended by striking 25 the subsections and inserting in lieu thereof the 26 following: 27 1. “Benefit” means nonwage compensation provided 28 to an employee. Benefits typically include medical 29 and dental insurance plans, pension, retirement, 30 and profit-sharing plans, child care services, 31 life insurance coverage, vision insurance coverage, 32 disability insurance coverage, and any other nonwage 33 compensation as determined by the board. 34 4. “Created job” means a new, permanent, full-time 35 equivalent position added to a business’s payroll in 36 excess of the business’s base employment level. 37 7. “Fiscal impact ratio” means a ratio calculated 38 by estimating the amount of taxes to be received from 39 a business by the state and dividing the estimate by 40 the estimated cost to the state of providing certain 41 financial incentives to the business, reflecting 42 a ten-year period of taxation and incentives and 43 expressed in terms of current dollars. For purposes 44 of the program, “fiscal impact ratio” does not include 45 taxes received by political subdivisions. 46 8. “Maintenance period completion date” means the 47 date on which the maintenance period ends. 48 10. “Project completion date” means the date by 49 which a recipient of financial assistance has agreed 50 -29- SF533.3408.H (1) 84 mb 29/ 52
to meet all the terms and obligations contained in an 1 agreement with the department as described in section 2 15.330. 3 12. “Qualifying wage threshold” means the county 4 wage or the regional wage, as calculated pursuant to 5 subsections 3A and 12A, whichever is lower. 6 13. “Retained job” means a full-time equivalent 7 position, in existence at the time an employer applies 8 for financial assistance which remains continuously 9 filled or authorized to be filled as soon as possible 10 and which is at risk of elimination if the project 11 for which the employer is seeking assistance does not 12 proceed. 13 Sec. 97. Section 15.329, subsection 2, Code 2011, 14 is amended to read as follows: 15 2. A business providing a sufficient package of 16 benefits to each employee holding a created or retained 17 job shall qualify for a credit against the qualifying 18 wage threshold requirements described in subsection 19 1 , paragraph “c” . The credit shall be calculated and 20 applied in the following manner : described in section 21 15G.112, subsection 4 , paragraph “b” . 22 a. By multiplying the qualifying wage threshold of 23 the county in which the business is located by one and 24 three-tenths. 25 b. By multiplying the result of paragraph “a” by 26 one-tenth. 27 c. The amount of the result of paragraph “b” shall 28 be credited against the amount of the one hundred 29 thirty percent qualifying wage threshold requirement 30 that the business is required to meet under subsection 31 1, paragraph “c” . 32 d. The credit shall not be applied against the 33 one hundred percent of qualifying wage threshold 34 requirement described in subsection 1, paragraph “c” . 35 Sec. 98. Section 15.330, subsection 4, Code 2011, 36 is amended to read as follows: 37 4. A project completion date, a maintenance period 38 completion date, the number of jobs to be created 39 or retained, or certain other terms and obligations 40 described in section 15G.112, subsection 1 , paragraph 41 “d” an agreement , as the department deems necessary in 42 order to make the requirements in project agreements 43 uniform. The department, with the approval of 44 the board, may adopt rules as necessary for making 45 such requirements uniform. Such rules shall be in 46 compliance with the provisions of this part and with 47 the provisions of chapter 15G . 48 Sec. 99. Section 15.335A, subsection 1, unnumbered 49 paragraph 1, Code 2011, is amended to read as follows: 50 -30- SF533.3408.H (1) 84 mb 30/ 52
Tax incentives are available to eligible businesses 1 as provided in this section . The incentives are based 2 upon the number of jobs created or retained that pay 3 at least one hundred thirty percent of the qualifying 4 wage threshold as computed pursuant to section 5 15G.112 15.329 , subsection 4 1 , and the amount of the 6 qualifying investment made according to the following 7 schedule: 8 Sec. 100. Section 15.335A, subsection 2, paragraphs 9 b, c, f, and g, Code 2011, are amended by striking the 10 paragraphs. 11 Sec. 101. Section 15.335A, subsection 5, Code 2011, 12 is amended to read as follows: 13 5. The department shall negotiate the amount of tax 14 incentives provided to an applicant under the program 15 in accordance with this section and section 15G.112 , as 16 applicable . 17 Sec. 102. Section 15A.7, subsection 3, Code 2011, 18 is amended to read as follows: 19 3. That the employer shall agree to pay wages for 20 the jobs for which the credit is taken of at least the 21 county wage or the regional wage, as calculated by the 22 department pursuant to section 15G.112, subsection 3 23 15.327, subsections 3A and 12A , whichever is lower. 24 Eligibility for the supplemental credit shall be based 25 on a one-time determination of starting wages by the 26 community college. 27 Sec. 103. Section 15E.193, subsection 1, paragraphs 28 b through d, Code 2011, are amended to read as follows: 29 b. (1) The business shall provide a sufficient 30 package of benefits to each employee holding a created 31 or retained job. For purposes of this paragraph, 32 “created job” and “retained job” have the same meaning 33 as defined in section 15G.101 15.327 . 34 (2) The board, upon the recommendation of the 35 department, shall adopt rules determining what 36 constitutes a sufficient package of benefits. 37 c. The business shall pay a wage that is at least 38 ninety percent of the qualifying wage threshold. For 39 purposes of this paragraph, “qualifying wage threshold” 40 has the same meaning as defined in section 15G.101 41 15.327 . 42 d. Creates or retains at least ten full-time 43 equivalent positions and maintains them until the 44 maintenance period completion date. For purposes of 45 this paragraph, “maintenance period completion date” and 46 “full-time equivalent position” have the same meanings 47 as defined in section 15G.101 15.327 . 48 Sec. 104. Section 15E.231, unnumbered paragraph 1, 49 Code 2011, is amended to read as follows: 50 -31- SF533.3408.H (1) 84 mb 31/ 52
In order for an An economic development region to 1 receive moneys under the grow Iowa values financial 2 assistance program established in section 15G.112 , 3 an shall establish a regional development plan. An 4 economic development region’s regional development 5 plan must be approved by the department. An economic 6 development region shall consist of not less than 7 three counties, unless two contiguous counties have a 8 combined population of at least three hundred thousand 9 based on the most recent federal decennial census. An 10 economic development region shall establish a focused 11 economic development effort that shall include a 12 regional development plan relating to one or more of 13 the following areas: 14 Sec. 105. Section 15E.232, subsections 1, 3, 4, 15 5, 6, and 7, Code 2011, are amended by striking the 16 subsections. 17 Sec. 106. Section 15E.351, subsection 1, Code 2011, 18 is amended to read as follows: 19 1. The department shall establish and administer 20 a business accelerator program to provide financial 21 assistance for the establishment and operation of a 22 business accelerator for technology-based, value-added 23 agricultural, information solutions, alternative 24 and renewable energy including the alternative and 25 renewable energy sectors listed in section 476.42, 26 subsection 1 , paragraph “a” , or advanced manufacturing 27 start-up businesses or for a satellite of an existing 28 business accelerator. The program shall be designed 29 to foster the accelerated growth of new and existing 30 businesses through the provision of technical 31 assistance. The department, subject to the approval of 32 the economic development board, may provide financial 33 assistance under this section from moneys allocated 34 for regional financial assistance pursuant to section 35 15G.111, subsection 9 . 36 Sec. 107. Section 159A.6B, subsection 2, Code 2011, 37 is amended to read as follows: 38 2. The office may execute contracts in order to 39 provide technical support and outreach services for 40 purposes of assisting and educating interested persons 41 as provided in this section . The office may also 42 contract with a consultant to provide part or all 43 of these services. The office may require that a 44 person receiving assistance pursuant to this section 45 contribute up to fifty percent of the amount required 46 to support the costs of contracting with the consultant 47 to provide assistance to the person. The office 48 shall assist the person in completing any technical 49 information required in order to receive assistance 50 -32- SF533.3408.H (1) 84 mb 32/ 52
by the department of economic development pursuant 1 to the value-added agriculture component of the grow 2 Iowa values financial assistance program established 3 pursuant to section 15G.112 . 4 Sec. 108. Section 455B.104, subsection 2, Code 5 2011, is amended by striking the subsection. 6 Sec. 109. REPEAL. Section 15E.233, Code 2011, is 7 repealed. 8 Sec. 110. REPEAL. Sections 15G.101 and 15G.109 9 through 15G.115, Code 2011, are repealed. 10 Sec. 111. REPEAL. Section 266.19, Code 2011, is 11 repealed. 12 Sec. 112. REPEAL. Section 455B.433, Code 2011, is 13 repealed. 14 DIVISION VII 15 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 16 2013-2014 17 Sec. 113. ADULT MH/MR/DD SERVICES ALLOWED 18 GROWTH FUNDING —— FY 2013-2014. Notwithstanding 19 section 331.439, subsection 3, the allowed growth 20 factor adjustment for county mental health, mental 21 retardation, and developmental disabilities service 22 expenditures for the fiscal year beginning July 1, 23 2013, shall be established by statute which shall be 24 enacted within thirty calendar days of the convening 25 of the Eighty-fifth General Assembly, 2013 Session, on 26 January 14, 2013. The governor shall submit to the 27 general assembly a recommendation for such allowed 28 growth factor adjustment and the amounts of related 29 appropriations to the general assembly on or before 30 January 14, 2013. 31 DIVISION VIII 32 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 33 2012-2013 34 Sec. 114. BUDGET PROCESS FOR FISCAL YEAR 2013-2014. 35 1. For the budget process applicable to the fiscal 36 year beginning July 1, 2013, on or before October 1, 37 2012, in lieu of the information specified in section 38 8.23, subsection 1 , unnumbered paragraph 1, and 39 paragraph “a”, all departments and establishments of 40 the government shall transmit to the director of the 41 department of management, on blanks to be furnished 42 by the director, estimates of their expenditure 43 requirements, including every proposed expenditure, for 44 the ensuing fiscal year, together with supporting data 45 and explanations as called for by the director of the 46 department of management after consultation with the 47 legislative services agency. 48 2. The estimates of expenditure requirements 49 shall be in a form specified by the director of 50 -33- SF533.3408.H (1) 84 mb 33/ 52
the department of management, and the expenditure 1 requirements shall include all proposed expenditures 2 and shall be prioritized by program or the results to 3 be achieved. The estimates shall be accompanied by 4 performance measures for evaluating the effectiveness 5 of the programs or results. 6 Sec. 115. LIMITATION OF STANDING APPROPRIATIONS. 7 Notwithstanding the standing appropriations in the 8 following designated sections for the fiscal year 9 beginning July 1, 2012, and ending June 30, 2013, the 10 amounts appropriated from the general fund of the state 11 pursuant to these sections for the following designated 12 purposes shall not exceed the following amounts: 13 1. For operational support grants and community 14 cultural grants under section 99F.11, subsection 3 , 15 paragraph “d”, subparagraph (1): 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 17 2. For regional tourism marketing under section 18 99F.11, subsection 3 , paragraph “d”, subparagraph (2): 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 20 3. For the center for congenital and inherited 21 disorders central registry under section 144.13A, 22 subsection 4 , paragraph “a”: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 24 4. For primary and secondary child abuse prevention 25 programs under section 144.13A, subsection 4 , paragraph 26 “a”: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 28 5. For programs for at-risk children under section 29 279.51 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,804,258 31 The amount of any reduction in this subsection shall 32 be prorated among the programs specified in section 33 279.51, subsection 1 , paragraphs “a”, “b”, and “c”. 34 6. For payment for nonpublic school transportation 35 under section 285.2 : 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 37 If total approved claims for reimbursement for 38 nonpublic school pupil transportation exceed the amount 39 appropriated in accordance with this subsection, the 40 department of education shall prorate the amount of 41 each approved claim. 42 7. For the enforcement of chapter 453D relating to 43 tobacco product manufacturers under section 453D.8 : 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 45 Sec. 116. APPROPRIATION —— FARMERS WITH 46 DISABILITIES. There is appropriated from the general 47 fund of the state to the department of agriculture and 48 land stewardship for the fiscal year beginning July 1, 49 2012, and ending June 30, 2013, the following amount, 50 -34- SF533.3408.H (1) 84 mb 34/ 52
or so much thereof as is necessary, for a program for 1 farmers with disabilities: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 82,450 3 The moneys appropriated in this section shall be 4 used for the public purpose of providing a grant to 5 a national nonprofit organization with over 80 years 6 of experience in assisting children and adults with 7 disabilities and special needs. The moneys shall 8 be used to support a nationally recognized program 9 that began in 1986 and has been replicated in at 10 least 30 other states, but which is not available 11 through any other entity in this state, and that 12 provides assistance to farmers with disabilities in 13 all 99 counties to allow the farmers to remain in 14 their own homes and be gainfully engaged in farming 15 through provision of agricultural worksite and home 16 modification consultations, peer support services, 17 services to families, information and referral, and 18 equipment loan services. Notwithstanding section 19 8.33, moneys appropriated in this section that remain 20 unencumbered or unobligated at the close of the fiscal 21 year shall not revert but shall remain available for 22 expenditure for the purposes designated until the close 23 of the succeeding fiscal year. 24 Sec. 117. INSTRUCTIONAL SUPPORT STATE AID —— FY 25 2012-2013. In lieu of the appropriation provided in 26 section 257.20, subsection 2, the appropriation for the 27 fiscal year beginning July 1, 2012, and ending June 30, 28 2013, for paying instructional support state aid under 29 section 257.20 for fiscal year 2012-2013 is zero. 30 Sec. 118. Section 257.35, Code 2011, is amended by 31 adding the following new subsection: 32 NEW SUBSECTION . 5B. Notwithstanding subsection 1, 33 and in addition to the reduction applicable pursuant 34 to subsection 2, the state aid for area education 35 agencies and the portion of the combined district cost 36 calculated for these agencies for the fiscal year 37 beginning July 1, 2012, and ending June 30, 2013, shall 38 be reduced by the department of management by twenty 39 million dollars. The reduction for each area education 40 agency shall be prorated based on the reduction that 41 the agency received in the fiscal year beginning July 42 1, 2003. 43 DIVISION IX 44 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 45 2012-2013 46 Sec. 119. BONUS PAY. For the fiscal year beginning 47 July 1, 2012, employees of the executive branch, 48 judicial branch, and legislative branch shall not 49 receive bonus pay unless otherwise authorized by law, 50 -35- SF533.3408.H (1) 84 mb 35/ 52
required pursuant to a contract of employment entered 1 into before July 1, 2012, or required pursuant to a 2 collective bargaining agreement. This section does 3 not apply to employees of the state board of regents 4 who receive bonuses funded by nonpublic moneys. For 5 purposes of this section, “bonus pay” means any 6 additional remuneration provided an employee in 7 the form of a bonus, including but not limited to a 8 retention bonus, recruitment bonus, exceptional job 9 performance pay, extraordinary job performance pay, 10 exceptional performance pay, extraordinary duty pay, 11 or extraordinary or special duty pay, and any extra 12 benefit not otherwise provided to other similarly 13 situated employees. 14 Sec. 120. SALARY INCREASES —— CERTAIN REVOLVING 15 FUNDS. 16 1. For the fiscal years beginning July 1, 2012, and 17 July 1, 2013, there is appropriated from the gaming 18 enforcement revolving fund an amount necessary for 19 funding annual pay adjustments and related benefits 20 for agents and officers of the division of criminal 21 investigation’s racetrack, excursion boat, or gambling 22 structure enforcement activities. Moneys appropriated 23 pursuant to this subsection shall be in addition to and 24 supplement other appropriations from the fund. 25 2. For the fiscal years beginning July 1, 2012, 26 and July 1, 2013, there is appropriated from the 27 gaming regulatory revolving fund, if enacted by the 28 Eighty-fourth General Assembly, 2011 or 2012 session, 29 an amount necessary for funding annual pay adjustments 30 and related benefits for positions in the racing and 31 gaming commission of the department of inspections 32 and appeals who are assigned to administration 33 and enforcement of the excursion boat and gambling 34 structure laws. Moneys appropriated pursuant to this 35 subsection shall be in addition to and supplement other 36 appropriations from the fund. 37 Sec. 121. STATE TROOPER MEAL ALLOWANCE. For the 38 fiscal years beginning July 1, 2012, and July 1, 2013, 39 the sworn peace officers in the department of public 40 safety who are not covered by a collective bargaining 41 agreement negotiated pursuant to chapter 20 shall 42 receive the same per diem meal allowance as the sworn 43 peace officers in the department of public safety 44 who are covered by a collective bargaining agreement 45 negotiated pursuant to chapter 20. 46 Sec. 122. SALARY MODEL ADMINISTRATOR. The salary 47 model administrator shall work in conjunction with 48 the legislative services agency to maintain the 49 state’s salary model used for analyzing, comparing, 50 -36- SF533.3408.H (1) 84 mb 36/ 52
and projecting state employee salary and benefit 1 information, including information relating to 2 employees of the state board of regents. The 3 department of revenue, the department of administrative 4 services, the five institutions under the jurisdiction 5 of the state board of regents, the judicial district 6 departments of correctional services, and the state 7 department of transportation shall provide salary data 8 to the department of management and the legislative 9 services agency to operate the state’s salary 10 model. The format and frequency of provision of the 11 salary data shall be determined by the department of 12 management and the legislative services agency. The 13 information shall be used in collective bargaining 14 processes under chapter 20 and in calculating the 15 funding needs contained within the annual salary 16 adjustment legislation. A state employee organization 17 as defined in section 20.3, subsection 4, may request 18 information produced by the model, but the information 19 provided shall not contain information attributable to 20 individual employees. 21 DIVISION X 22 REGULAR PROGRAM AND CATEGORICAL STATE PERCENT 23 OF GROWTH FOR EDUCATION —— FY 2012-2013 24 Sec. 123. Section 257.8, subsection 1, Code 2011, 25 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, 2009, is 28 four percent. The state percent of growth for the 29 budget year beginning July 1, 2010, is two percent. 30 The state percent of growth for the budget year 31 beginning July 1, 2012, is two 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. 124. Section 257.8, subsection 2, Code 2011, 41 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 each budget 48 year shall be established by statute which shall 49 be enacted within thirty days of the submission in 50 -37- SF533.3408.H (1) 84 mb 37/ 52
the year preceding the base year of the governor’s 1 budget under section 8.21 . The establishment of the 2 categorical state percent of growth for a budget year 3 shall be the only subject matter of the bill which 4 enacts the categorical state percent of growth for a 5 budget year. The categorical state percent of growth 6 may include state percents of growth for the teacher 7 salary supplement, the professional development 8 supplement, and the early intervention supplement. 9 Sec. 125. CODE SECTION 257.8 —— APPLICABILITY. The 10 requirements of section 257.8 regarding the time period 11 of enactment and the subject matter of the legislation 12 establishing the state percent of growth and the 13 categorical state percent of growth for a budget year 14 are not applicable to the division. The requirements 15 of section 257.8 regarding enactment of the regular 16 program state percent of growth and categorical state 17 percent of growth within thirty days of the submission 18 in the year preceding the base year of the governor’s 19 budget and the requirements that the subject matter 20 of each bill establishing the state percent of growth 21 or the categorical state percent of growth be the 22 only subject matter of the bill do not apply to this 23 division of this Act. 24 Sec. 126. APPLICABILITY. This division of this Act 25 is applicable for computing state aid under the state 26 school foundation program for the school budget year 27 beginning July 1, 2012. 28 DIVISION XI 29 APPROPRIATION TRANSFERS 30 REBUILD IOWA INFRASTRUCTURE FUND 31 Sec. 127. 2010 Iowa Acts, chapter 1184, section 26, 32 is amended to read as follows: 33 SEC. 26. There is appropriated from the rebuild 34 Iowa infrastructure fund to the department of economic 35 development for deposit in the grow Iowa values fund, 36 for the fiscal year beginning July 1, 2010, and ending 37 June 30, 2011, the following amount, notwithstanding 38 section 8.57, subsection 6 , paragraph “c”: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 40 Of the moneys appropriated in this section, from 41 the amount allocated to the department of economic 42 development in accordance with 2010 Iowa Acts, chapter 43 1184, section 28, subsection 1, $1,200,000 shall 44 be used for the department’s Iowans helping Iowans 45 business assistance program. Notwithstanding section 46 8.33, moneys designated pursuant to this unnumbered 47 paragraph that remain unencumbered or unobligated at 48 the close of the fiscal year shall not revert but shall 49 remain available for expenditure for the purposes 50 -38- SF533.3408.H (1) 84 mb 38/ 52
designated until the close of the succeeding fiscal 1 year. 2 CASH RESERVE FUND 3 Sec. 128. 2010 Iowa Acts, chapter 1193, section 90, 4 subsection 1, is amended to read as follows: 5 1. DEPARTMENT OF HUMAN SERVICES 6 For the medical assistance program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187,800,000 8 a. Of the moneys appropriated in this subsection, 9 the following amounts shall be transferred as follows: 10 (1) To the Iowa finance authority to be used for 11 the Iowans helping Iowans housing assistance program: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,050,000 13 (2) To the department of human services to be 14 used for the unmet needs program administered by the 15 department: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,056,603 17 b. Notwithstanding section 8.33, moneys transferred 18 pursuant to paragraph “a” that remain unencumbered 19 or unobligated at the close of the fiscal year shall 20 not revert but shall remain available for expenditure 21 for the purposes designated until the close of the 22 succeeding fiscal year. 23 Sec. 129. EFFECTIVE DATE —— APPLICABILITY. 24 1. This division of this Act being deemed of 25 immediate importance takes effect upon enactment. 26 2. The provisions of this division of this Act 27 providing for transfers are retroactively applicable 28 to August 27, 2010, and apply in lieu of the transfers 29 made for the same purposes by the executive branch, 30 as reported by the department of management in the 31 transfer notice to the governor and lieutenant governor 32 dated August 27, 2010. 33 DIVISION XII 34 EARNED INCOME TAX CREDIT 35 Sec. 130. Section 422.12B, subsection 1, Code 2011, 36 is amended to read as follows: 37 1. The taxes imposed under this division less the 38 credits allowed under section 422.12 shall be reduced 39 by an earned income credit equal to seven ten percent 40 of the federal earned income credit provided in section 41 32 of the Internal Revenue Code. Any credit in excess 42 of the tax liability is refundable. 43 Sec. 131. RETROACTIVE APPLICABILITY. This division 44 of this Act applies retroactively to January 1, 2011, 45 for tax years beginning on or after that date. 46 DIVISION XIII 47 SCHOOL TUITION ORGANIZATION TAX CREDITS 48 Sec. 132. Section 422.11S, subsection 7, paragraph 49 a, subparagraph (2), Code 2011, is amended to read as 50 -39- SF533.3408.H (1) 84 mb 39/ 52
follows: 1 (2) “Total approved tax credits” means for the 2 tax year beginning in the 2006 calendar year, two 3 million five hundred thousand dollars, for the tax 4 year beginning in the 2007 calendar year, five million 5 dollars, and for tax years beginning on or after 6 January 1, 2008, seven million five hundred thousand 7 dollars. the following: 8 (a) For tax years beginning on or after January 1, 9 2008, and before January 1, 2012, seven million five 10 hundred thousand dollars. 11 (b) For the tax year beginning on or after January 12 1, 2012, and before January 1, 2013, eight million 13 seven hundred fifty thousand dollars. 14 (c) For tax years beginning on or after January 1, 15 2013, ten million dollars. 16 DIVISION XIV 17 TEACHER EXPENSES 18 Sec. 133. Section 422.7, Code 2011, is amended by 19 adding the following new subsection: 20 NEW SUBSECTION . 54. A taxpayer is allowed to 21 take the deduction for certain expenses of elementary 22 and secondary school teachers allowed under section 23 62(a)(2)(D) of the Internal Revenue Code, as amended 24 by the federal Emergency Economic Stabilization Act of 25 2008, Pub. L. No. 110-343, in computing net income for 26 state tax purposes. 27 Sec. 134. REFUNDS. Notwithstanding any provision 28 to the contrary in section 422.25, subsection 3, 29 a taxpayer who files an amended return in the time 30 permitted by statute to claim a refund related to the 31 allowance of the deduction enacted in this division of 32 this Act is only entitled to a refund of the amount 33 paid that is in excess of tax liability. The taxpayer 34 shall not be entitled to interest on such excess. 35 Sec. 135. EFFECTIVE DATE AND RETROACTIVE 36 APPLICABILITY. This division of this Act, being deemed 37 of immediate importance, takes effect upon enactment 38 and applies retroactively to January 1, 2008, for 39 tax years beginning on or after that date and before 40 January 1, 2009. 41 DIVISION XV 42 QUALIFIED HIGHER EDUCATION EXPENSES 43 Sec. 136. Section 422.7, Code 2011, is amended by 44 adding the following new subsection: 45 NEW SUBSECTION . 54. A taxpayer is allowed to 46 take the deduction for qualified tuition and related 47 expenses allowed under section 222 of the Internal 48 Revenue Code, as amended by the federal Emergency 49 Economic Stabilization Act of 2008, Pub. L. No. 50 -40- SF533.3408.H (1) 84 mb 40/ 52
110-343, in computing net income for state tax 1 purposes. 2 Sec. 137. REFUNDS. Notwithstanding any provision 3 to the contrary in section 422.25, subsection 3, 4 a taxpayer who files an amended return in the time 5 permitted by statute to claim a refund related to the 6 allowance of the deduction enacted in this division of 7 this Act is only entitled to a refund of the amount 8 paid that is in excess of tax liability. The taxpayer 9 shall not be entitled to interest on such excess. 10 Sec. 138. EFFECTIVE DATE AND RETROACTIVE 11 APPLICABILITY. This division of this Act, being deemed 12 of immediate importance, takes effect upon enactment 13 and applies retroactively to January 1, 2008, for 14 tax years beginning on or after that date and before 15 January 1, 2009. 16 DIVISION XVI 17 STATE SALES/USE TAX DEDUCTION 18 Sec. 139. Section 422.9, subsection 2, paragraph i, 19 Code 2011, is amended to read as follows: 20 i. The deduction for state sales and use taxes 21 is allowable only if the taxpayer elected to deduct 22 the state sales and use taxes in lieu of state income 23 taxes under section 164 of the Internal Revenue Code. 24 A deduction for state sales and use taxes is not 25 allowed if the taxpayer has taken the deduction for 26 state income taxes or claimed the standard deduction 27 under section 63 of the Internal Revenue Code. This 28 paragraph applies to taxable years beginning after 29 December 31, 2003, and before January 1, 2006 2009, and 30 to taxable years beginning after December 31, 2009, and 31 before January 1, 2012 . 32 Sec. 140. REFUNDS. Notwithstanding any provision 33 to the contrary in section 422.25, subsection 3, 34 a taxpayer who files an amended return in the time 35 permitted by statute to claim a refund related to the 36 allowance of the deduction enacted in this division of 37 this Act is only entitled to a refund of the amount 38 paid that is in excess of tax liability. The taxpayer 39 shall not be entitled to interest on such excess. 40 Sec. 141. EFFECTIVE DATE AND RETROACTIVE 41 APPLICABILITY. This division of this Act, being deemed 42 of immediate importance, takes effect upon enactment 43 and applies retroactively to tax years beginning on or 44 after January 1, 2006, and before January 1, 2009, and 45 to tax years beginning on or after January 1, 2010, and 46 before January 1, 2012. 47 DIVISION XVII 48 SPECIAL FILING PROVISIONS 49 Sec. 142. SPECIAL FILING PROVISIONS. 50 -41- SF533.3408.H (1) 84 mb 41/ 52
1. Adjustments by individuals to federal adjusted 1 gross income and by corporations to federal taxable 2 income for tax returns filed prior to the enactment of 3 2011 Iowa Acts, Senate File 512, may be required as a 4 result of the provisions of the divisions of this Act 5 relating to the adjustment provisions enumerated in 6 this subsection. These adjustments are as follows: 7 a. The increased expensing allowance authorized in 8 section 179(b) of the Internal Revenue Code for tax 9 years beginning on or after January 1, 2010, but before 10 January 1, 2011. 11 b. The deduction for qualified tuition and related 12 expenses allowed under section 222 of the Internal 13 Revenue Code. 14 c. The deduction for certain expenses of elementary 15 and secondary school teachers allowed under section 16 62(a)(2)(D) of the Internal Revenue Code. 17 2. In lieu of filing an amended tax return, 18 taxpayers may make the adjustments, pursuant to rules 19 adopted by the director of revenue, on the next return 20 filed subsequent to the enactment of 2011 Iowa Acts, 21 Senate File 512. If the taxpayer elects not to file 22 an amended return, these provisions are suspended with 23 regard to the following adjustments otherwise available 24 as a result of this Act. 25 a. The limitation based on income provisions 26 and regulations of section 179(b)(3) of the Internal 27 Revenue Code with regard to the section 179(b) 28 adjustment. 29 b. The applicable dollar limit provisions of 30 section 222(b)(2)(B) of the Internal Revenue Code with 31 regard to the section 222 adjustment. 32 DIVISION XVIII 33 WITHHOLDING AGREEMENTS 34 Sec. 142. Section 403.19A, subsection 1, paragraphs 35 c and f, Code 2011, are amended to read as follows: 36 c. “Employer” means a business creating or 37 retaining targeted jobs in an urban renewal area of a 38 pilot project city pursuant to a withholding agreement. 39 f. “Targeted job” means a job in a business which 40 is or will be located in an urban renewal area of a 41 pilot project city that pays a wage at least equal to 42 the countywide average wage. “Targeted job” includes 43 new or retained jobs from Iowa business expansions 44 or retentions within the city limits of the pilot 45 project city and those jobs resulting from established 46 out-of-state businesses, as defined by the department 47 of economic development, moving to or expanding in 48 Iowa. 49 Sec. 143. Section 403.19A, subsection 3, paragraph 50 -42- SF533.3408.H (1) 84 mb 42/ 52
c, subparagraph (1), Code 2011, is amended to read as 1 follows: 2 (1) The pilot project city shall enter into a 3 withholding agreement with each employer concerning 4 the targeted jobs withholding credit. The withholding 5 agreement shall provide for the total amount of 6 withholding tax credits awarded. An agreement shall 7 not provide for an amount of withholding credits that 8 exceeds the amount of the qualifying investment made in 9 the project. An agreement shall not be entered into by 10 a pilot project city with a business currently located 11 in this state unless the business either creates or 12 retains ten new jobs or makes a qualifying investment 13 of at least five hundred thousand dollars within 14 the urban renewal area. The withholding agreement 15 may have a term of up to ten years. An employer 16 shall not be obligated to enter into a withholding 17 agreement. An agreement shall not be entered into with 18 an employer not already located in a pilot project 19 city when another Iowa community is competing for the 20 same project and both the pilot project city and the 21 other Iowa community are seeking assistance from the 22 department. 23 Sec. 144. Section 403.19A, subsection 3, paragraph 24 f, Code 2011, is amended to read as follows: 25 f. If the employer ceases to meet the requirements 26 of the withholding agreement, the agreement shall be 27 terminated and any withholding tax credits for the 28 benefit of the employer shall cease. However, in 29 regard to the number of new jobs that are to be created 30 or retained , if the employer has met the number of 31 new jobs to be created or retained pursuant to the 32 withholding agreement and subsequently the number of 33 new jobs falls below the required level, the employer 34 shall not be considered as not meeting the new job 35 requirement until eighteen months after the date of the 36 decrease in the number of new jobs created or retained . 37 Sec. 145. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 38 APPLICABILITY. This division of this Act, being 39 deemed of immediate importance, takes effect upon 40 enactment and applies retroactively to July 1, 2006, 41 for agreements entered into on or after that date. 42 DIVISION XIX 43 DISASTER-RELATED PERSONAL CASUALTY LOSS DEDUCTIONS 44 Sec. 146. Section 422.9, Code 2011, is amended by 45 adding the following new subsection: 46 NEW SUBSECTION . 9. A taxpayer is allowed to take 47 the deduction for disaster-related casualty losses 48 under section 165(h) of the Internal Revenue Code, as 49 modified by the Heartland Disaster Relief Act of 2008, 50 -43- SF533.3408.H (1) 84 mb 43/ 52
Pub. L. No. 110-343, in computing net income for state 1 tax purposes. 2 Sec. 147. Notwithstanding any provision to the 3 contrary in section 422.25, subsection 3, a taxpayer 4 who files an amended return in the time permitted by 5 statute to claim a refund related to the allowance of 6 the deduction enacted in this division of this Act is 7 only entitled to a refund of the amount paid that is 8 in excess of tax liability. The taxpayer shall not be 9 entitled to interest on such excess. 10 Sec. 148. EFFECTIVE DATE AND RETROACTIVE 11 APPLICABILITY. This division of this Act, being deemed 12 of immediate importance, takes effect upon enactment 13 and applies retroactively to January 1, 2008, for 14 tax years beginning on or after that date and before 15 January 1, 2009. 16 DIVISION XX 17 FIRE EXTINGUISHING AND ALARM SYSTEMS CONTRACTORS AND 18 INSTALLERS —— ELECTRICIANS AND ELECTRICAL CONTRACTORS 19 —— LICENSING 20 Sec. 149. Section 100C.1, subsection 13, Code 2011, 21 is amended by adding the following new paragraph: 22 NEW PARAGRAPH . c. For a telecommunications 23 company that has been issued a certificate of public 24 convenience and necessity pursuant to section 476.29, 25 a person with whom the telecommunications company 26 contracts, who is certified by the national institute 27 for certification in engineering technologies as 28 required in paragraph “a” or “b” or who meets any other 29 criteria established by rule. 30 Sec. 150. Section 100C.2, subsection 3, Code 2011, 31 is amended by adding the following new paragraph: 32 NEW PARAGRAPH . d. This subsection shall not 33 apply to a responsible managing employee with whom a 34 telecommunications company contracts as provided in 35 section 100C.1, subsection 13, paragraph “c” . 36 Sec. 151. NEW SECTION . 103.1A Term “commercial” “commercial” “commercial” 37 applied. 38 As used in this chapter: 39 1. “Commercial” refers to a use, installation, 40 structure, or premises associated with a place of 41 business where goods, wares, services, or merchandise 42 is stored or offered for sale on a wholesale or retail 43 basis. 44 2. “Commercial” refers to a residence only if 45 the residence is also used as a place of business as 46 provided in subsection 1. 47 3. “Commercial” does not refer to a use, 48 installation, structure, or premises associated with 49 any of the following: 50 -44- SF533.3408.H (1) 84 mb 44/ 52
a. A farm. 1 b. An industrial installation. 2 Sec. 152. Section 103.22, subsection 7, Code 2011, 3 is amended to read as follows: 4 7. Prohibit an owner of property from performing 5 work on the owner’s principal residence, if such 6 residence is an existing dwelling rather than new 7 construction and is not an apartment that is attached 8 to any other apartment or building, as those terms are 9 defined in section 499B.2 , and is not larger than a 10 single-family dwelling, or farm property, excluding 11 commercial or industrial installations or installations 12 in public use buildings or facilities, or require 13 such owner to be licensed under this chapter . In 14 order to qualify for inapplicability pursuant to this 15 subsection , a residence shall qualify for the homestead 16 tax exemption. 17 Sec. 153. Section 103.22, Code 2011, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION . 15. Apply to a person performing 20 any installation on a farm, if the person is associated 21 with the farm as a holder of a legal or equitable 22 interest, a relative or employee of the holder, or 23 an operator or manager of the farm. The provisions 24 of this chapter do not require such person to be 25 licensed. In addition, a permit is not required for an 26 installation on a farm, and an installation on a farm 27 is not required to be inspected. In order for a farm 28 building to qualify under this subsection, the farm 29 building must not be regularly open to the public as a 30 place of business for the retail sale of goods, wares, 31 services, or merchandise. 32 DIVISION XXI 33 CLASS “A” FELONIES —— JUVENILES 34 Sec. 154. Section 902.1, Code 2011, is amended to 35 read as follows: 36 902.1 Class “A” felony. 37 1. Upon a plea of guilty, a verdict of guilty, or 38 a special verdict upon which a judgment of conviction 39 of a class “A” felony may be rendered, the court shall 40 enter a judgment of conviction and shall commit the 41 defendant into the custody of the director of the 42 Iowa department of corrections for the rest of the 43 defendant’s life. Nothing in the Iowa corrections code 44 pertaining to deferred judgment, deferred sentence, 45 suspended sentence, or reconsideration of sentence 46 applies to a class “A” felony, and a person convicted 47 of a class “A” felony shall not be released on parole 48 unless the governor commutes the sentence to a term of 49 years. 50 -45- SF533.3408.H (1) 84 mb 45/ 52
2. a. Notwithstanding subsection 1, a person 1 convicted of a class “A” felony, and who was under the 2 age of eighteen at the time the offense was committed 3 shall be eligible for parole after serving a minimum 4 term of confinement of twenty-five years. 5 b. If a person is paroled pursuant to this 6 subsection the person shall be subject to the same set 7 of procedures set out in chapters 901B, 905, 906, and 8 chapter 908, and rules adopted under those chapters for 9 persons on parole. 10 c. A person convicted of murder in the first degree 11 in violation of section 707.2 shall not be eligible for 12 parole pursuant to this subsection. 13 Sec. 155. EFFECTIVE UPON ENACTMENT. This division 14 of this Act, being deemed of immediate importance, 15 takes effect upon enactment. 16 DIVISION XXII 17 SCHOOL DRESS CODES 18 Sec. 156. Section 279.58, subsection 1, Code 2011, 19 is amended by striking the subsection. 20 Sec. 157. Section 279.58, subsection 2, Code 2011, 21 is amended to read as follows: 22 2. The board of directors of a school district may 23 adopt, for the district or for an individual school 24 within the district, a dress code policy that prohibits 25 students from wearing gang-related or other specific 26 apparel prescribes standard dress, or that otherwise 27 imposes limitations on student dress without limiting 28 a student’s constitutional rights and privileges, 29 if the board determines that the policy is necessary 30 for would improve the health, safety, or positive 31 educational environment of students and staff in the 32 school environment or for the appropriate discipline 33 and operation of the school. 34 3. Adoption and enforcement of a dress code policy 35 pursuant to this section is not a violation of section 36 280.22 . 37 Sec. 158. EFFECTIVE UPON ENACTMENT. This division 38 of this Act, being deemed of immediate importance, 39 takes effect upon enactment. 40 DIVISION XXIII 41 DAYS OF INSTRUCTION 42 Sec. 159. Section 256.7, subsection 19, Code 2011, 43 is amended to read as follows: 44 19. Define the minimum school day as a day 45 consisting of five and one-half hours of instructional 46 time for grades one through twelve. The minimum 47 hours as time spent with a licensed teacher that shall 48 be exclusive of the lunch period and parent-teacher 49 conferences , but may include passing time between 50 -46- SF533.3408.H (1) 84 mb 46/ 52
classes. Time spent on parent-teacher conferences 1 shall be considered instructional time. A school or 2 school district may record a day of school with less 3 than the minimum instructional hours as a minimum 4 school day if any of the following apply: 5 a. If emergency health or safety factors require 6 the late arrival or early dismissal of students on a 7 specific day. 8 b. If the total hours of instructional school 9 time for grades one through twelve for any five 10 consecutive school days equal a minimum of twenty-seven 11 and one-half hours, even though any one day of 12 school is less than the minimum instructional hours 13 because of a staff development opportunity provided 14 for the professional instructional staff or because 15 parent-teacher conferences have been scheduled 16 beyond the regular school day. Furthermore, if the 17 total hours of instructional time for the first four 18 consecutive days equal at least twenty-seven and 19 one-half hours because parent-teacher conferences 20 have been scheduled beyond the regular school day, a 21 school or school district may record zero hours of 22 instructional time on the fifth consecutive school day 23 as a minimum school day. 24 Sec. 160. Section 256F.4, subsection 5, Code 2011, 25 is amended to read as follows: 26 5. A charter school or innovation zone school shall 27 provide instruction for at least the number of days 28 hours required by section 279.10, subsection 1 , or 29 shall provide at least the equivalent number of total 30 hours . 31 Sec. 161. Section 279.10, subsection 1, Code 2011, 32 is amended to read as follows: 33 1. The school year for each school district and 34 accredited nonpublic school shall begin on the first 35 day of July 1 and each regularly established elementary 36 and secondary school shall begin no sooner than a day 37 during the calendar week in which the first day of 38 September falls but no later than the first Monday 39 in December. However, if the first day of September 40 falls on a Sunday, school may begin on a day during the 41 calendar week which immediately precedes the first day 42 of September. School shall continue for at least one 43 hundred eighty days, except as provided in subsection 44 3 , and may be maintained The school calendar shall 45 include not less than one thousand eighty hours of 46 instruction during the entire calendar year. However, 47 if The board of directors of a school district and the 48 authorities in charge of an accredited nonpublic school 49 shall set the number of days of required attendance 50 -47- SF533.3408.H (1) 84 mb 47/ 52
for the school year as provided in section 299.1, 1 subsection 2, but the board of directors of a school 2 district shall hold a public hearing on any proposed 3 school calendar prior to adopting the school calendar. 4 If the board of directors of a district or the 5 authorities in charge of an accredited nonpublic school 6 extends the school calendar because inclement weather 7 caused the school district or accredited nonpublic 8 school to temporarily close school during the regular 9 school calendar, the school district or accredited 10 nonpublic school may excuse a graduating senior who 11 has met district or school requirements for graduation 12 from attendance during the extended school calendar. A 13 school corporation may begin employment of personnel 14 for in-service training and development purposes before 15 the date to begin elementary and secondary school. 16 Sec. 162. Section 279.10, subsections 2 and 3, Code 17 2011, are amended by striking the subsections. 18 Sec. 163. Section 299.4, subsection 1, Code 2011, 19 is amended to read as follows: 20 1. The parent, guardian, or legal custodian of a 21 child who is of compulsory attendance age, who places 22 the child under competent private instruction under 23 either section 299A.2 or 299A.3 , not in an accredited 24 school or a home school assistance program operated 25 by a school district or accredited nonpublic school, 26 shall furnish a report in duplicate on forms provided 27 by the public school district, to the district by the 28 earliest starting date specified in section 279.10, 29 subsection 1 September 1 of the school year in which 30 the child will be under competent private instruction . 31 The secretary shall retain and file one copy and 32 forward the other copy to the district’s area education 33 agency. The report shall state the name and age of the 34 child, the period of time during which the child has 35 been or will be under competent private instruction 36 for the year, an outline of the course of study, texts 37 used, and the name and address of the instructor. The 38 parent, guardian, or legal custodian of a child, who is 39 placing the child under competent private instruction 40 for the first time, shall also provide the district 41 with evidence that the child has had the immunizations 42 required under section 139A.8 , and, if the child is 43 elementary school age, a blood lead test in accordance 44 with section 135.105D . The term “outline of course of 45 study” shall include subjects covered, lesson plans, 46 and time spent on the areas of study. 47 Sec. 164. REPEAL. Section 256.22, Code 2011, is 48 repealed. 49 Sec. 165. EFFECTIVE DATE. This division of this 50 -48- SF533.3408.H (1) 84 mb 48/ 52
Act takes effect July 1, 2012. 1 DIVISION XXIV 2 MEDICATION THERAPY MANAGEMENT 3 Sec. 166. 2010 Iowa Acts, chapter 1193, section 4 166, subsections 2 and 3, are amended to read as 5 follows: 6 2. a. Prior to July 1, 2010, the department of 7 administrative services shall utilize a request for 8 proposals process to contract for the provision of 9 medication therapy management services beginning 10 July 1, 2010, and prior to July 1, 2011, shall amend 11 the contract to continue the provision of medication 12 therapy management services beginning July 1, 2011, 13 for eligible employees who meet any of the following 14 criteria: 15 (1) An individual who takes four or more 16 prescription drugs to treat or prevent two or more 17 chronic medical conditions. 18 (2) An individual with a prescription drug therapy 19 problem who is identified by the prescribing physician 20 or other appropriate prescriber, and referred to a 21 pharmacist for medication therapy management services. 22 (3) An individual who meets other criteria 23 established by the third-party payment provider 24 contract, policy, or plan. 25 b. The department of administrative services shall 26 utilize an advisory committee comprised of an equal 27 number of physicians and pharmacists to provide advice 28 and oversight regarding the request for proposals and 29 evaluation processes. The department shall appoint the 30 members of the advisory council based upon designees 31 of the Iowa pharmacy association, the Iowa medical 32 society, and the Iowa osteopathic medical association. 33 c. b. The contract shall require the company 34 to provide annual reports to the general assembly 35 detailing the costs, savings, estimated cost avoidance 36 and return on investment, and patient outcomes 37 related to the medication therapy management services 38 provided. The company shall guarantee demonstrated 39 annual savings, including any savings associated with 40 cost avoidance at least equal to the program’s costs 41 with any shortfall amount refunded to the state. As 42 a proof of concept in the program for the period 43 beginning July 1, 2010, and ending June 30, 2011, the 44 company shall offer a dollar-for-dollar guarantee for 45 drug product costs savings alone. Prior to entering 46 into a contract with a company, the department and 47 the company shall agree on the terms, conditions, 48 and applicable measurement standards associated 49 with the demonstration of savings. The department 50 -49- SF533.3408.H (1) 84 mb 49/ 52
shall verify the demonstrated savings reported by 1 the company was performed in accordance with the 2 agreed upon measurement standards. The company shall 3 be prohibited from using the company’s employees to 4 provide the medication therapy management services and 5 shall instead be required to contract with licensed 6 pharmacies, pharmacists, or physicians. 7 d. The fees for pharmacist-delivered medication 8 therapy management services shall be separate from 9 the reimbursement for prescription drug product or 10 dispensing services; shall be determined by each 11 third-party payment provider contract, policy, or plan; 12 and must be reasonable based on the resources and time 13 required to provide the service. 14 e. A fee shall be established for physician 15 reimbursement for services delivered for medication 16 therapy management as determined by each third-party 17 payment provider contract, policy, or plan, and must be 18 reasonable based on the resources and time required to 19 provide the service. 20 f. If any part of the medication therapy management 21 plan developed by a pharmacist incorporates services 22 which are outside the pharmacist’s independent scope 23 of practice including the initiation of therapy, 24 modification of dosages, therapeutic interchange, or 25 changes in drug therapy, the express authorization 26 of the individual’s physician or other appropriate 27 prescriber is required. 28 g. For the contract period beginning July 1, 2011, 29 the department shall utilize the services of the 30 college of pharmacy at a state university to validate 31 reported drug cost savings. 32 h. The results of the pilot program for the period 33 beginning July 1, 2010, and ending December 31, 2011, 34 shall be submitted to the general assembly no later 35 than March 1, 2012. 36 3. This section is repealed December 31, 2011 2012 . 37 Sec. 167. TRANSFER —— MEDICATION THERAPY MANAGEMENT 38 PROGRAM. There is transferred $510,000 from the 39 fees collected by the board of pharmacy pursuant to 40 chapter 155A and retained by the board pursuant to the 41 authority granted in section 147.82 to the department 42 of administrative services for the fiscal year 43 beginning July 1, 2011, and ending June 30, 2012, to be 44 used to be used for the medication therapy management 45 program. 46 Sec. 168. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 47 APPLICABILITY. This division of this Act, being deemed 48 of immediate importance, takes effect upon enactment, 49 and is retroactively applicable to June 15, 2011. 50 -50- SF533.3408.H (1) 84 mb 50/ 52
DIVISION XXV 1 CONDITIONAL EFFECTIVE DATES FOR 2011 IOWA ACTS 2 Sec. 169. SENATE FILE 508 EFFECTIVE DATE. Unless 3 otherwise provided, if 2011 Iowa Acts, Senate File 508, 4 as enacted, is approved by the governor on or after 5 July 1, 2011, the Act takes effect upon enactment and 6 applies retroactively to July 1, 2011. 7 Sec. 170. SENATE FILE 511 EFFECTIVE DATE. Unless 8 otherwise provided, if 2011 Iowa Acts, Senate File 511, 9 as enacted, is approved by the governor on or after 10 July 1, 2011, the Act takes effect upon enactment and 11 applies retroactively to July 1, 2011. 12 Sec. 171. SENATE FILE 525 EFFECTIVE DATE. Unless 13 otherwise provided, if 2011 Iowa Acts, Senate File 525, 14 as enacted, is approved by the governor on or after 15 July 1, 2011, the Act takes effect upon enactment and 16 applies retroactively to June 30, 2011. 17 Sec. 172. SENATE FILE 148 EFFECTIVE DATE. Unless 18 otherwise provided, if 2011 Iowa Acts, House File 148, 19 as enacted, is approved by the governor on or after 20 July 1, 2011, the Act takes effect upon enactment and 21 applies retroactively to June 30, 2011. 22 Sec. 173. EFFECTIVE UPON ENACTMENT AND 23 APPLICABILITY. This division of this Act, being deemed 24 of immediate importance, takes effect upon enactment 25 and applies as provided by this division of this Act. 26 DIVISION XXVI 27 NOTICE OF MORTGAGE MEDIATION ASSISTANCE —— SUNSET 28 Sec. 174. Section 654.4B, subsection 2, paragraph 29 b, Code 2011, is amended to read as follows: 30 b. This subsection is repealed July 1, 2011 2012 . 31 Sec. 175. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 32 APPLICABILITY. This division of this Act, being deemed 33 of immediate importance, takes effect upon enactment 34 and, if approved by the governor on or after July 1, 35 2011, applies retroactively to June 30, 2011. 36 DIVISION XXVII 37 HOUSING DEVELOPMENT —— TAX STATUS 38 Sec. 176. Section 405.1, Code 2011, is amended to 39 read as follows: 40 405.1 Housing development —— tax status —— 41 limitation. 42 1. The board of supervisors of a county with a 43 population of less than twenty thousand may adopt 44 an ordinance providing that property acquired and 45 subdivided for development of housing shall continue 46 to be assessed for taxation in the manner that it was 47 prior to the acquisition for housing. Each lot shall 48 continue to be taxed in the manner it was prior to 49 its acquisition for housing until the lot is sold for 50 -51- SF533.3408.H (1) 84 mb 51/ 52
construction or occupancy of housing or five ten years 1 from the date of subdivision, whichever is shorter. 2 Upon the sale or the expiration of the five-year 3 ten-year period, the property shall be assessed for 4 taxation as residential or commercial multifamily 5 property, whichever is applicable. 6 2. The board of supervisors of a county with 7 a population of twenty thousand or more may adopt 8 an ordinance providing that property acquired and 9 subdivided for development of housing shall continue 10 to be assessed for taxation in the manner that it was 11 prior to the acquisition for housing. Each lot shall 12 continue to be taxed in the manner it was prior to 13 its acquisition for housing until the lot is sold for 14 construction or occupancy of housing or three years 15 from the date of subdivision, whichever is shorter. 16 Upon the sale or the expiration of the three-year 17 period, the property shall be assessed for taxation 18 as residential or commercial multifamily property, 19 whichever is applicable. 20 Sec. 177. Section 441.72, Code 2011, is amended to 21 read as follows: 22 441.72 Assessment of platted lots. 23 When a subdivision plat is recorded pursuant to 24 chapter 354 , the individual lots within the subdivision 25 plat shall not be assessed in excess of the total 26 assessment of the land as acreage or unimproved 27 property for three ten years after the recording of 28 the plat or until the lot is actually improved with 29 permanent construction, whichever occurs first. When 30 an individual lot has been improved with permanent 31 construction, the lot shall be assessed for taxation 32 purposes as provided in chapter 428 and this chapter . 33 This section does not apply to special assessment 34 levies. 35 Sec. 178. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 36 APPLICABILITY. This division of this Act, being deemed 37 of immediate importance, takes effect upon enactment 38 and applies retroactively to assessment years beginning 39 on or after January 1, 2011. The division applies to 40 subdivision plats recorded on or after January 1, 2004. 41 DIVISION XXVIII 42 CONDITIONAL RETROACTIVE APPLICABILITY 43 Sec. 179. RETROACTIVE APPLICABILITY. Unless 44 otherwise provided, this Act, if approved by 45 the governor on or after July 1, 2011, applies 46 retroactively to July 1, 2011. > 47 2. By renumbering as necessary. 48 -52- SF533.3408.H (1) 84 mb 52/ 52