Senate
File
533
S-3373
Amend
the
House
amendment,
S-3372,
to
Senate
File
1
533,
as
amended,
passed,
and
reprinted
by
the
Senate,
2
as
follows:
3
1.
By
striking
page
1,
line
5,
through
page
52,
4
line
48,
and
inserting:
5
<
DIVISION
I
6
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
——
FY
7
2011-2012
8
Section
1.
BUDGET
PROCESS
FOR
FISCAL
YEAR
9
2012-2013.
10
1.
For
the
budget
process
applicable
to
the
fiscal
11
year
beginning
July
1,
2012,
on
or
before
October
1,
12
2011,
in
lieu
of
the
information
specified
in
section
13
8.23,
subsection
1
,
unnumbered
paragraph
1,
and
14
paragraph
“a”,
all
departments
and
establishments
of
15
the
government
shall
transmit
to
the
director
of
the
16
department
of
management,
on
blanks
to
be
furnished
17
by
the
director,
estimates
of
their
expenditure
18
requirements,
including
every
proposed
expenditure,
for
19
the
ensuing
fiscal
year,
together
with
supporting
data
20
and
explanations
as
called
for
by
the
director
of
the
21
department
of
management
after
consultation
with
the
22
legislative
services
agency.
23
2.
The
estimates
of
expenditure
requirements
24
shall
be
in
a
form
specified
by
the
director
of
25
the
department
of
management,
and
the
expenditure
26
requirements
shall
include
all
proposed
expenditures
27
and
shall
be
prioritized
by
program
or
the
results
to
28
be
achieved.
The
estimates
shall
be
accompanied
by
29
performance
measures
for
evaluating
the
effectiveness
30
of
the
programs
or
results.
31
Sec.
2.
LIMITATION
OF
STANDING
APPROPRIATIONS.
32
Notwithstanding
the
standing
appropriations
in
the
33
following
designated
sections
for
the
fiscal
year
34
beginning
July
1,
2011,
and
ending
June
30,
2012,
the
35
amounts
appropriated
from
the
general
fund
of
the
state
36
pursuant
to
these
sections
for
the
following
designated
37
purposes
shall
not
exceed
the
following
amounts:
38
1.
For
operational
support
grants
and
community
39
cultural
grants
under
section
99F.11,
subsection
3
,
40
paragraph
“d”,
subparagraph
(1):
41
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
416,702
42
2.
For
regional
tourism
marketing
under
section
43
99F.11,
subsection
3
,
paragraph
“d”,
subparagraph
(2):
44
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
810,306
45
3.
For
the
center
for
congenital
and
inherited
46
disorders
central
registry
under
section
144.13A,
47
subsection
4
,
paragraph
“a”:
48
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
171,121
49
4.
For
primary
and
secondary
child
abuse
prevention
50
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#1.
programs
under
section
144.13A,
subsection
4
,
paragraph
1
“a”:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
217,772
3
5.
For
programs
for
at-risk
children
under
section
4
279.51
:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,728,891
6
The
amount
of
any
reduction
in
this
subsection
shall
7
be
prorated
among
the
programs
specified
in
section
8
279.51,
subsection
1
,
paragraphs
“a”,
“b”,
and
“c”.
9
6.
For
payment
for
nonpublic
school
transportation
10
under
section
285.2
:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
7,060,931
12
If
total
approved
claims
for
reimbursement
for
13
nonpublic
school
pupil
transportation
exceed
the
amount
14
appropriated
in
accordance
with
this
subsection,
the
15
department
of
education
shall
prorate
the
amount
of
16
each
approved
claim.
17
7.
For
reimbursement
for
the
homestead
property
tax
18
credit
under
section
425.1
:
19
.
.
.
.
.
.
.
.
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
86,188,387
20
8.
For
reimbursement
for
the
family
farm
and
21
agricultural
land
tax
credits
under
sections
425A.1
and
22
426.1
:
23
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,395,131
24
9.
For
the
enforcement
of
chapter
453D
relating
to
25
tobacco
product
manufacturers
under
section
453D.8
:
26
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
$
18,416
27
Sec.
3.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
28
2011-2012.
In
lieu
of
the
appropriation
provided
in
29
section
257.20,
subsection
2,
the
appropriation
for
the
30
fiscal
year
beginning
July
1,
2011,
and
ending
June
30,
31
2012,
for
paying
instructional
support
state
aid
under
32
section
257.20
for
fiscal
year
2011-2012
is
zero.
33
Sec.
4.
Section
256.30,
unnumbered
paragraph
34
1,
Code
2011,
is
amended
by
striking
the
unnumbered
35
paragraph
and
inserting
in
lieu
thereof
the
following:
36
For
the
fiscal
year
beginning
July
1,
2011,
and
37
ending
June
30,
2012,
and
for
each
succeeding
fiscal
38
year,
there
is
appropriated
from
the
general
fund
of
39
the
state
to
the
department
the
sum
of
one
hundred
40
thousand
dollars.
The
department
shall
distribute
the
41
appropriation
to
the
tribal
council
of
the
Sac
and
Fox
42
Indian
settlement
for
expenses
of
educating
American
43
Indian
children
residing
in
the
Sac
and
Fox
Indian
44
settlement
on
land
held
in
trust
by
the
secretary
of
45
the
interior
of
the
United
States
in
excess
of
federal
46
moneys
paid
to
the
tribal
council
for
educating
the
47
American
Indian
children
when
moneys
are
appropriated
48
for
that
purpose.
The
tribal
council
shall
administer
49
the
moneys
distributed
pursuant
to
this
section
and
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shall
submit
an
annual
report
and
other
reports
as
1
required
by
the
department
to
the
department
on
the
2
expenditure
of
the
moneys.
3
Sec.
5.
Section
257.35,
Code
2011,
is
amended
by
4
adding
the
following
new
subsection:
5
NEW
SUBSECTION
.
5A.
Notwithstanding
subsection
1,
6
and
in
addition
to
the
reduction
applicable
pursuant
7
to
subsection
2,
the
state
aid
for
area
education
8
agencies
and
the
portion
of
the
combined
district
cost
9
calculated
for
these
agencies
for
the
fiscal
year
10
beginning
July
1,
2011,
and
ending
June
30,
2012,
shall
11
be
reduced
by
the
department
of
management
by
twenty
12
million
dollars.
The
reduction
for
each
area
education
13
agency
shall
be
prorated
based
on
the
reduction
that
14
the
agency
received
in
the
fiscal
year
beginning
July
15
1,
2003.
16
DIVISION
II
17
SALARIES,
COMPENSATION,
AND
RELATED
MATTERS
——
FY
18
2011-2012
19
Sec.
6.
APPOINTED
STATE
OFFICERS.
20
1.
The
governor
shall
establish
a
salary
for
21
appointed
nonelected
persons
in
the
executive
branch
22
of
state
government
holding
a
position
enumerated
in
23
and
within
the
salary
ranges
provided
in
2008
Iowa
24
Acts,
chapter
1191,
section
14,
by
considering,
among
25
other
items,
the
experience
of
the
individual
in
26
the
position,
changes
in
the
duties
of
the
position,
27
the
incumbent’s
performance
of
assigned
duties,
and
28
subordinates’
salaries.
However,
the
attorney
general
29
shall
establish
the
salary
for
the
consumer
advocate,
30
the
chief
justice
of
the
supreme
court
shall
establish
31
the
salary
for
the
state
court
administrator,
the
32
ethics
and
campaign
disclosure
board
shall
establish
33
the
salary
of
the
executive
director,
and
the
Iowa
34
public
broadcasting
board
shall
establish
the
salary
of
35
the
administrator
of
the
public
broadcasting
division
36
of
the
department
of
education,
each
within
the
salary
37
range
provided
in
2008
Iowa
Acts,
chapter
1191,
section
38
14.
39
2.
The
governor,
in
establishing
salaries
as
40
provided
in
this
section,
shall
take
into
consideration
41
other
employee
benefits
which
may
be
provided
for
an
42
individual
including
but
not
limited
to
housing.
43
3.
A
person
whose
salary
is
established
pursuant
44
to
this
section
and
who
is
a
full-time,
year-round
45
employee
of
the
state
shall
not
receive
any
other
46
remuneration
from
the
state
or
from
any
other
source
47
for
the
performance
of
that
person’s
duties
unless
48
the
additional
remuneration
is
first
approved
by
the
49
governor
or
authorized
by
law.
However,
this
provision
50
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does
not
exclude
the
reimbursement
for
necessary
travel
1
and
expenses
incurred
in
the
performance
of
duties
or
2
fringe
benefits
normally
provided
to
employees
of
the
3
state.
4
Sec.
7.
COLLECTIVE
BARGAINING
AGREEMENTS
5
FUNDED.
The
various
state
departments,
boards,
6
commissions,
councils,
and
agencies,
including
the
7
state
board
of
regents,
for
the
fiscal
year
beginning
8
July
1,
2011,
and
ending
June
30,
2012,
shall
provide
9
from
available
sources
pay
adjustments,
expense
10
reimbursements,
and
related
benefits
to
fully
fund
the
11
following:
12
1.
The
collective
bargaining
agreement
negotiated
13
pursuant
to
chapter
20
for
employees
in
the
blue
collar
14
bargaining
unit.
15
2.
The
collective
bargaining
agreement
negotiated
16
pursuant
to
chapter
20
for
employees
in
the
public
17
safety
bargaining
unit.
18
3.
The
collective
bargaining
agreement
negotiated
19
pursuant
to
chapter
20
for
employees
in
the
security
20
bargaining
unit.
21
4.
The
collective
bargaining
agreement
negotiated
22
pursuant
to
chapter
20
for
employees
in
the
technical
23
bargaining
unit.
24
5.
The
collective
bargaining
agreement
negotiated
25
pursuant
to
chapter
20
for
employees
in
the
26
professional
fiscal
and
staff
bargaining
unit.
27
6.
The
collective
bargaining
agreement
negotiated
28
pursuant
to
chapter
20
for
employees
in
the
clerical
29
bargaining
unit.
30
7.
The
collective
bargaining
agreement
negotiated
31
pursuant
to
chapter
20
for
employees
in
the
32
professional
social
services
bargaining
unit.
33
8.
The
collective
bargaining
agreement
negotiated
34
pursuant
to
chapter
20
for
employees
in
the
35
community-based
corrections
bargaining
unit.
36
9.
The
collective
bargaining
agreements
negotiated
37
pursuant
to
chapter
20
for
employees
in
the
judicial
38
branch
of
government
bargaining
units.
39
10.
The
collective
bargaining
agreement
negotiated
40
pursuant
to
chapter
20
for
employees
in
the
patient
41
care
bargaining
unit.
42
11.
The
collective
bargaining
agreement
negotiated
43
pursuant
to
chapter
20
for
employees
in
the
science
44
bargaining
unit.
45
12.
The
collective
bargaining
agreement
negotiated
46
pursuant
to
chapter
20
for
employees
in
the
university
47
of
northern
Iowa
faculty
bargaining
unit.
48
13.
The
collective
bargaining
agreement
negotiated
49
pursuant
to
chapter
20
for
employees
in
the
state
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university
of
Iowa
graduate
student
bargaining
unit.
1
14.
The
collective
bargaining
agreement
negotiated
2
pursuant
to
chapter
20
for
employees
in
the
state
3
university
of
Iowa
hospital
and
clinics
tertiary
health
4
care
bargaining
unit.
5
15.
The
annual
pay
adjustments,
related
benefits,
6
and
expense
reimbursements
referred
to
in
the
sections
7
of
this
division
of
this
Act
addressing
state
board
of
8
regents
employees
who
are
not
covered
by
a
collective
9
bargaining
agreement.
10
Sec.
8.
STATE
EMPLOYEES
——
STATE
BOARD
OF
11
REGENTS.
For
the
fiscal
year
beginning
July
1,
2011,
12
and
ending
June
30,
2012,
funds
shall
be
provided
from
13
available
sources
of
the
state
board
of
regents
for
14
funding
of
collective
bargaining
agreements
for
state
15
board
of
regents
employees
covered
by
such
agreements
16
and
for
the
following
state
board
of
regents
employees
17
not
covered
by
a
collective
bargaining
agreement:
18
1.
Regents
merit
system
employees
and
merit
19
supervisory
employees.
20
2.
Faculty
members
and
professional
and
scientific
21
employees.
22
Sec.
9.
BONUS
PAY.
For
the
fiscal
year
beginning
23
July
1,
2011,
and
ending
June
30,
2012,
employees
of
24
the
executive
branch,
judicial
branch,
and
legislative
25
branch
shall
not
receive
bonus
pay
unless
otherwise
26
authorized
by
law,
required
pursuant
to
a
contract
27
of
employment
entered
into
before
July
1,
2011,
28
or
required
pursuant
to
a
collective
bargaining
29
agreement.
This
section
does
not
apply
to
employees
30
of
the
state
board
of
regents.
For
purposes
of
this
31
section,
“bonus
pay”
means
any
additional
remuneration
32
provided
an
employee
in
the
form
of
a
bonus,
including
33
but
not
limited
to
a
retention
bonus,
recruitment
34
bonus,
exceptional
job
performance
pay,
extraordinary
35
job
performance
pay,
exceptional
performance
pay,
36
extraordinary
duty
pay,
or
extraordinary
or
special
37
duty
pay,
and
any
extra
benefit
not
otherwise
provided
38
to
other
similarly
situated
employees.
39
Sec.
10.
STATE
TROOPER
MEAL
ALLOWANCE.
For
the
40
fiscal
year
beginning
July
1,
2011,
the
sworn
peace
41
officers
in
the
department
of
public
safety
who
are
not
42
covered
by
a
collective
bargaining
agreement
negotiated
43
pursuant
to
chapter
20
shall
receive
the
same
per
44
diem
meal
allowance
as
the
sworn
peace
officers
in
45
the
department
of
public
safety
who
are
covered
by
a
46
collective
bargaining
agreement
negotiated
pursuant
to
47
chapter
20.
48
Sec.
11.
SALARY
MODEL
ADMINISTRATOR.
The
salary
49
model
administrator
shall
work
in
conjunction
with
50
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the
legislative
services
agency
to
maintain
the
1
state’s
salary
model
used
for
analyzing,
comparing,
2
and
projecting
state
employee
salary
and
benefit
3
information,
including
information
relating
to
4
employees
of
the
state
board
of
regents.
The
5
department
of
revenue,
the
department
of
administrative
6
services,
the
five
institutions
under
the
jurisdiction
7
of
the
state
board
of
regents,
the
judicial
district
8
departments
of
correctional
services,
and
the
state
9
department
of
transportation
shall
provide
salary
data
10
to
the
department
of
management
and
the
legislative
11
services
agency
to
operate
the
state’s
salary
12
model.
The
format
and
frequency
of
provision
of
the
13
salary
data
shall
be
determined
by
the
department
of
14
management
and
the
legislative
services
agency.
The
15
information
shall
be
used
in
collective
bargaining
16
processes
under
chapter
20
and
in
calculating
the
17
funding
needs
contained
within
the
annual
salary
18
adjustment
legislation.
A
state
employee
organization
19
as
defined
in
section
20.3,
subsection
4,
may
request
20
information
produced
by
the
model,
but
the
information
21
provided
shall
not
contain
information
attributable
to
22
individual
employees.
23
DIVISION
III
24
PERFORMANCE
OF
DUTY
25
Sec.
12.
Section
7D.10,
Code
2011,
is
amended
to
26
read
as
follows:
27
7D.10
Court
costs.
28
If
sufficient
funds
for
court
costs
have
not
been
29
appropriated
to
a
state
department,
or
if
sufficient
30
funds
are
not
otherwise
available
for
such
purposes
31
within
the
budget
of
a
state
department,
upon
32
authorization
by
the
executive
council
may
pay,
out
of
33
any
money
in
the
state
treasury
there
is
appropriated
34
from
moneys
in
the
general
fund
of
the
state
not
35
otherwise
appropriated,
an
amount
sufficient
to
pay
36
expenses
incurred,
or
costs
taxed
to
the
state,
in
37
any
proceeding
brought
by
or
against
any
of
the
state
38
departments
or
in
which
the
state
is
a
party
or
is
39
interested.
This
section
shall
not
be
construed
to
40
authorize
the
payment
of
travel
or
other
personal
41
expenses
of
state
officers
or
employees.
42
Sec.
13.
Section
7D.10A,
as
amended
by
2011
Iowa
43
Acts,
Senate
File
478,
section
11,
as
enacted,
is
44
amended
to
read
as
follows:
45
7D.10A
Allocation
Payment
to
livestock
remediation
46
fund.
47
If
moneys
are
not
sufficient
to
support
the
48
livestock
remediation
fund
as
provided
in
chapter
459,
49
subchapter
V
,
the
executive
council
may
allocate
from
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moneys
in
the
general
fund
of
the
state,
which
are
1
not
otherwise
obligated
or
encumbered,
authorize
as
2
an
expense
paid
from
the
appropriations
addressed
in
3
section
7D.29
the
payment
of
an
amount
to
the
livestock
4
remediation
fund
as
provided
under
section
459.501
,
5
subsection
5
.
However,
not
more
than
a
total
of
6
one
million
dollars
shall
be
allocated
shall
be
paid
7
pursuant
to
this
section
to
the
livestock
remediation
8
fund
at
any
time.
9
Sec.
14.
Section
7D.29,
Code
2011,
is
amended
to
10
read
as
follows:
11
7D.29
Performance
of
duty
——
expense.
12
1.
The
executive
council
shall
not
employ
others,
13
or
incur
authorize
any
expense,
for
the
purpose
of
14
performing
any
duty
imposed
upon
the
council
when
15
the
duty
may,
without
neglect
of
their
usual
duties,
16
be
performed
by
the
members,
or
by
their
regular
17
employees,
but,
subject
to
this
limitation,
the
council
18
may
incur
authorize
the
necessary
expense
to
perform
19
or
cause
to
be
performed
any
legal
duty
imposed
on
20
the
council
,
and
pay
the
same
out
of
any
money
in
the
21
state
treasury
not
otherwise
appropriated
.
The
expenses
22
authorized
by
the
executive
council
in
accordance
23
with
this
section
and
the
expenses
authorized
by
the
24
executive
council
in
accordance
with
other
statutory
25
provisions
referencing
the
appropriations
addressed
in
26
this
section
shall
be
paid
as
follows:
27
a.
From
the
appropriation
made
from
the
Iowa
28
economic
emergency
fund
in
section
8.55
for
purposes
of
29
paying
such
expenses.
30
b.
To
the
extent
the
appropriation
from
the
31
Iowa
economic
emergency
fund
described
in
paragraph
32
“a”
is
insufficient
to
pay
such
expenses,
there
is
33
appropriated
from
moneys
in
the
general
fund
of
the
34
state
not
otherwise
appropriated
the
amount
necessary
35
to
fund
that
deficiency.
>
36
2.
At
least
two
weeks
prior
to
the
executive
37
council’s
approval
of
a
payment
authorization
under
38
this
section
,
the
secretary
of
the
executive
council
39
shall
notify
the
legislative
services
agency
that
40
the
authorization
request
will
be
considered
by
41
the
executive
council
and
shall
provide
background
42
information
justifying
the
request.
43
3.
The
executive
council
shall
receive
requests
44
from
the
Iowa
department
of
public
health
relative
to
45
the
purchase,
storing,
and
distribution
of
vaccines
and
46
medication
for
prevention,
prophylaxis,
or
treatment.
47
Upon
review
and
after
compliance
with
subsection
2
,
48
the
executive
council
may
approve
the
request
and
may
49
incur
authorize
payment
of
the
necessary
expense
and
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pay
the
same
out
of
any
money
in
the
state
treasury
not
1
otherwise
appropriated
.
The
expense
authorized
by
the
2
executive
council
under
this
subsection
shall
be
paid
3
from
the
appropriations
referred
to
in
subsection
1.
4
Sec.
15.
Section
7D.30,
Code
2011,
is
amended
to
5
read
as
follows:
6
7D.30
Necessary
record.
7
Before
incurring
authorizing
any
expense
authorized
8
by
in
accordance
with
section
7D.29
,
the
executive
9
council
shall,
in
each
case,
by
resolution,
entered
10
upon
its
records,
set
forth
the
necessity
for
incurring
11
authorizing
such
expense,
the
special
fitness
of
the
12
one
employed
to
perform
such
work,
the
definite
rate
of
13
compensation
or
salary
allowed,
and
the
total
amount
of
14
money
that
may
be
expended.
Compensation
or
salary
for
15
personal
services
in
such
cases
must
be
determined
by
16
unanimous
vote
of
all
members
of
the
council.
17
Sec.
16.
Section
8.55,
subsection
3,
paragraph
a,
18
Code
2011,
is
amended
to
read
as
follows:
19
a.
Except
as
provided
in
paragraphs
“b”
,
and
“c”
,
20
and
“0d”
,
the
moneys
in
the
Iowa
economic
emergency
21
fund
shall
only
be
used
pursuant
to
an
appropriation
22
made
by
the
general
assembly.
An
appropriation
23
shall
only
be
made
for
the
fiscal
year
in
which
the
24
appropriation
is
made.
The
moneys
shall
only
be
25
appropriated
by
the
general
assembly
for
emergency
26
expenditures.
27
Sec.
17.
Section
8.55,
subsection
3,
Code
2011,
is
28
amended
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
0d.
There
is
appropriated
from
the
30
Iowa
economic
emergency
fund
to
the
executive
council
31
an
amount
sufficient
to
pay
the
expenses
authorized
by
32
the
executive
council,
as
addressed
in
section
7D.29.
33
Sec.
18.
Section
8A.321,
subsection
4,
Code
2011,
34
is
amended
to
read
as
follows:
35
4.
Contract,
with
the
approval
of
the
executive
36
council,
for
the
repair,
remodeling,
or,
if
the
37
condition
warrants,
demolition
of
all
buildings
and
38
grounds
of
the
state
at
the
seat
of
government,
at
39
the
state
laboratories
facility
in
Ankeny,
and
the
40
institutions
of
the
department
of
human
services
and
41
the
department
of
corrections
for
which
no
specific
42
appropriation
has
been
made,
if
the
cost
of
repair,
43
remodeling,
or
demolition
will
not
exceed
one
hundred
44
thousand
dollars
when
completed.
The
cost
of
repair
45
projects
for
which
no
specific
appropriation
has
46
been
made
shall
be
paid
from
the
fund
as
an
expense
47
authorized
by
the
executive
council
as
provided
in
48
section
7D.29
.
49
Sec.
19.
Section
8A.321,
subsection
6,
paragraphs
a
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and
b,
Code
2011,
are
amended
to
read
as
follows:
1
a.
Lease
all
buildings
and
office
space
necessary
2
to
carry
out
the
provisions
of
this
subchapter
or
3
necessary
for
the
proper
functioning
of
any
state
4
agency
at
the
seat
of
government.
For
state
agencies
5
at
the
seat
of
government,
the
director
may
lease
6
buildings
and
office
space
in
Polk
county
or
in
a
7
county
contiguous
to
Polk
county.
If
no
specific
8
appropriation
has
been
made,
the
proposed
lease
shall
9
be
submitted
to
the
executive
council
for
approval
10
authorization
and
if
authorized
lease
expense
shall
11
be
paid
from
the
appropriations
addressed
in
section
12
7D.29
.
The
cost
of
any
lease
for
which
no
specific
13
appropriation
has
been
made
shall
be
paid
from
the
fund
14
provided
in
section
7D.29
.
15
b.
When
the
general
assembly
is
not
in
session,
the
16
director
may
request
moneys
an
expense
authorization
17
from
the
executive
council
for
moving
state
agencies
18
located
at
the
seat
of
government
from
one
location
19
to
another.
The
request
may
include
moving
costs,
20
telecommunications
costs,
repair
costs,
or
any
other
21
costs
relating
to
the
move.
The
executive
council
may
22
approve
and
shall
pay
the
costs
from
funds
authorize
23
the
expenses
provided
and
may
authorize
the
expenses
to
24
be
paid
from
the
appropriations
addressed
in
section
25
7D.29
if
it
determines
the
agency
or
department
has
26
no
available
does
not
have
funds
available
for
these
27
expenses.
28
Sec.
20.
Section
11.32,
as
amended
by
2011
Iowa
29
Acts,
House
File
536,
section
26,
as
enacted,
is
30
amended
to
read
as
follows:
31
11.32
Certified
accountants
employed.
32
Nothing
in
this
chapter
shall
prohibit
the
auditor
33
of
state,
with
the
prior
written
permission
of
the
34
state
executive
council,
from
employing
certified
35
public
accountants
for
specific
assignments.
The
36
auditor
of
state
may
employ
such
accountants
for
any
37
assignment
now
expressly
reserved
to
the
auditor
of
38
state.
Payments,
after
approval
by
the
executive
39
council,
will
shall
be
made
to
the
accountants
so
40
employed
from
funds
from
which
the
auditor
of
state
41
would
have
been
paid
had
the
auditor
of
state
performed
42
the
assignment,
or
if
no
such
specific
funds
are
43
indicated
not
available
,
then
payment
will
be
made
44
from
the
funds
of
authorization
of
the
expense
by
the
45
executive
council
shall
be
requested,
and
if
authorized
46
shall
be
paid
from
the
appropriations
addressed
in
47
section
7D.29
.
48
Sec.
21.
Section
13.3,
Code
2011,
is
amended
to
49
read
as
follows:
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13.3
Disqualification
——
substitute.
1
1.
If,
for
any
reason,
the
attorney
general
be
2
is
disqualified
from
appearing
in
any
action
or
3
proceeding,
the
executive
council
shall
appoint
some
4
authorize
the
appointment
of
a
suitable
person
for
that
5
purpose
and
defray
the
.
There
is
appropriated
from
6
moneys
in
the
general
fund
not
otherwise
appropriated
7
an
amount
necessary
to
pay
the
reasonable
expense
8
thereof
from
any
unappropriated
funds
in
the
state
9
treasury
for
the
person
appointed
.
The
department
10
involved
in
the
action
or
proceeding
shall
be
requested
11
to
recommend
a
suitable
person
to
represent
the
12
department
and
when
the
executive
council
concurs
in
13
the
recommendation,
the
person
recommended
shall
be
14
appointed.
15
2.
If
the
governor
or
a
department
is
represented
16
by
an
attorney
other
than
the
attorney
general
in
a
17
court
proceeding
as
provided
in
this
section
,
at
the
18
conclusion
of
the
court
proceedings,
the
court
shall
19
review
the
fees
charged
to
the
state
to
determine
20
if
the
fees
are
fair
and
reasonable.
The
executive
21
council
shall
not
reimburse
authorize
reimbursement
22
of
attorney
fees
in
excess
of
those
determined
by
the
23
court
to
be
fair
and
reasonable.
24
Sec.
22.
Section
13.7,
Code
2011,
is
amended
to
25
read
as
follows:
26
13.7
Special
counsel.
27
Compensation
shall
not
be
allowed
to
any
person
for
28
services
as
an
attorney
or
counselor
to
an
executive
29
department
of
the
state
government,
or
the
head
thereof
30
of
an
executive
department
of
state
government
,
or
to
31
a
state
board
or
commission.
However,
the
executive
32
council
may
employ
authorize
employment
of
legal
33
assistance,
at
a
reasonable
compensation,
in
a
pending
34
action
or
proceeding
to
protect
the
interests
of
the
35
state,
but
only
upon
a
sufficient
showing,
in
writing,
36
made
by
the
attorney
general,
that
the
department
of
37
justice
cannot
for
reasons
stated
by
the
attorney
38
general
perform
the
service
,
which
.
The
reasons
39
and
action
of
the
council
shall
be
entered
upon
its
40
records.
When
If
the
attorney
general
determines
that
41
the
department
of
justice
cannot
perform
legal
service
42
in
an
action
or
proceeding,
the
executive
council
43
shall
request
the
department
involved
in
the
action
or
44
proceeding
to
recommend
legal
counsel
to
represent
the
45
department.
If
the
attorney
general
concurs
with
the
46
department
that
the
person
recommended
is
qualified
47
and
suitable
to
represent
the
department,
the
person
48
recommended
shall
be
employed.
If
the
attorney
general
49
does
not
concur
in
the
recommendation,
the
department
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shall
submit
a
new
recommendation.
This
section
does
1
not
affect
the
general
counsel
for
the
utilities
board
2
of
the
department
of
commerce,
the
legal
counsel
of
the
3
department
of
workforce
development,
or
the
general
4
counsel
for
the
property
assessment
appeal
board.
5
Sec.
23.
Section
29A.27,
unnumbered
paragraph
8,
6
Code
2011,
is
amended
to
read
as
follows:
7
All
payments
herein
provided
for
under
this
section
8
shall
be
paid
on
the
approval
of
the
adjutant
general
9
from
the
contingent
fund
of
the
executive
council
10
created
in
section
29C.20
.
11
Sec.
24.
Section
29C.8,
subsection
3,
paragraph
12
f,
subparagraph
(3),
Code
2011,
is
amended
to
read
as
13
follows:
14
(3)
Upon
notification
of
a
compensable
loss
to
a
15
member
of
a
homeland
security
and
emergency
management
16
response
team,
the
department
of
administrative
17
services
shall
process
the
claim
and
seek
funding
18
authorization
from
the
executive
council
for
to
pay
19
as
an
expense
paid
from
the
appropriations
addressed
20
in
section
7D.29
those
costs
associated
with
covered
21
benefits.
22
Sec.
25.
Section
29C.20,
subsection
1,
paragraph
a,
23
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
24
as
follows:
25
A
contingent
fund
is
created
in
the
state
treasury
26
for
the
use
of
the
executive
council
which
.
Funding
27
for
the
contingent
fund,
if
authorized
by
the
executive
28
council,
shall
be
paid
from
the
appropriations
29
addressed
in
section
7D.29.
Moneys
in
the
contingent
30
fund
may
be
expended
for
the
following
purposes:
31
Sec.
26.
Section
96.13,
subsection
3,
paragraph
c,
32
Code
2011,
is
amended
to
read
as
follows:
33
c.
The
department
may
appear
before
the
executive
34
council
and
request
funds
authorization
of
moneys
to
35
meet
unanticipated
emergencies
as
an
expense
from
the
36
appropriations
addressed
in
section
7D.29
.
37
Sec.
27.
Section
135.143,
subsection
5,
Code
2011,
38
is
amended
to
read
as
follows:
39
5.
Upon
notification
of
a
compensable
loss,
the
40
department
of
administrative
services
shall
seek
41
funding
authorization
from
the
executive
council
for
42
to
pay
as
an
expense
from
the
appropriations
addressed
43
in
section
7D.29
those
costs
associated
with
covered
44
workers’
compensation
benefits.
45
Sec.
28.
Section
135.144,
subsection
11,
Code
2011,
46
is
amended
to
read
as
follows:
47
11.
If
a
public
health
disaster
or
other
public
48
health
emergency
situation
exists
which
poses
an
49
imminent
threat
to
the
public
health,
safety,
and
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welfare,
the
department,
in
conjunction
with
the
1
governor,
may
provide
financial
assistance,
from
funds
2
appropriated
to
the
department
that
are
not
otherwise
3
encumbered,
to
political
subdivisions
as
needed
to
4
alleviate
the
disaster
or
the
emergency.
If
the
5
department
does
not
have
sufficient
unencumbered
funds,
6
the
governor
may
request
that
the
executive
council
,
7
pursuant
to
the
authority
of
section
7D.29
,
commit
8
sufficient
funds,
to
authorize
the
payment
of
up
to
one
9
million
dollars
,
that
are
not
otherwise
encumbered
from
10
the
general
fund,
as
needed
and
available,
for
as
an
11
expense
from
the
appropriations
addressed
in
section
12
7D.29
to
alleviate
the
disaster
or
the
emergency.
If
13
additional
financial
assistance
is
required
in
excess
14
of
one
million
dollars,
approval
by
the
legislative
15
council
is
also
required.
16
Sec.
29.
Section
163.3A,
subsection
4,
paragraph
b,
17
Code
2011,
is
amended
to
read
as
follows:
18
b.
The
department
shall
provide
and
update
a
list
19
of
the
registered
members
of
each
emergency
response
20
team,
including
the
members’
names
and
identifying
21
information,
to
the
department
of
administrative
22
services.
Upon
notification
of
a
compensable
loss
23
suffered
by
a
registered
member,
the
department
24
of
administrative
services
shall
seek
funding
25
authorization
from
the
executive
council
for
to
pay
as
26
an
expense
from
the
appropriations
addressed
in
section
27
7D.29
those
costs
associated
with
covered
benefits.
28
Sec.
30.
Section
163.10,
Code
2011,
is
amended
to
29
read
as
follows:
30
163.10
Quarantining
or
destroying
animals.
31
The
department
may
quarantine
or
destroy
any
32
animal
exposed
to
or
afflicted
with
an
infectious
or
33
contagious
disease.
However,
cattle
exposed
to
or
34
infected
with
tuberculosis
shall
not
be
destroyed
35
without
the
owner’s
consent,
unless
there
are
36
sufficient
moneys
to
reimburse
the
owner
for
the
37
cattle,
which
may
be
paid
from
the
appropriation
as
38
an
expense
authorized
as
provided
in
section
163.15
,
39
from
moneys
in
the
brucellosis
and
tuberculosis
40
eradication
fund
created
in
section
165.18
,
or
from
41
moneys
made
available
by
the
United
States
department
42
of
agriculture.
43
Sec.
31.
Section
163.15,
subsection
2,
paragraph
44
a,
subparagraph
(3),
Code
2011,
is
amended
to
read
as
45
follows:
46
(3)
A
claim
for
an
indemnity
by
the
owner
and
a
47
claim
for
compensation
and
expenses
by
the
appraisers
48
shall
be
filed
with
the
department
and
submitted
by
the
49
secretary
of
agriculture
to
the
executive
council
for
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its
approval
or
disapproval
authorization
of
payment
1
of
the
claim
as
an
expense
from
the
appropriations
2
addressed
in
section
7D.29
.
3
Sec.
32.
Section
163.15,
subsection
2,
paragraph
4
a,
subparagraph
(4),
Code
2011,
is
amended
by
striking
5
the
subparagraph.
6
Sec.
33.
Section
163.15,
subsection
2,
paragraph
b,
7
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
8
as
follows:
9
A
formula
established
by
rule
adopted
by
the
10
department
that
is
effective
as
determined
by
11
the
department
in
accordance
with
chapter
17A
and
12
applicable
upon
approval
of
the
plan
program
of
13
eradication
approved
by
the
executive
council.
The
14
formula
shall
be
applicable
to
indemnify
owners
if
the
15
executive
council,
upon
recommendation
by
the
secretary
16
of
agriculture,
determines
that
an
animal
population
17
in
this
state
is
threatened
with
infection
from
an
18
exceptionally
contagious
disease.
19
Sec.
34.
Section
163.15,
subsection
2,
paragraph
20
b,
subparagraph
(4),
Code
2011,
is
amended
to
read
as
21
follows:
22
(4)
Upon
approval
by
the
The
executive
council
,
23
there
is
appropriated
to
the
department
from
any
24
moneys
in
the
general
fund
of
the
state
not
otherwise
25
appropriated
moneys
sufficient
to
carry
out
the
26
may
authorize
payment
under
the
provisions
of
this
27
paragraph
“b”
as
an
expense
from
the
appropriations
28
addressed
in
section
7D.29
.
29
Sec.
35.
Section
307.45,
subsection
3,
Code
2011,
30
is
amended
to
read
as
follows:
31
3.
Assessments
against
property
owned
by
the
state
32
and
not
under
the
jurisdiction
and
control
of
the
33
department’s
administrator
of
highways
shall
be
made
in
34
the
same
manner
as
those
made
against
private
property
35
and
payment
shall
be
made
subject
to
authorization
by
36
the
executive
council
from
any
funds
of
the
state
not
37
otherwise
appropriated
.
There
is
appropriated
from
38
moneys
in
the
general
fund
not
otherwise
appropriated
39
an
amount
necessary
to
pay
the
expense
authorized
by
40
the
executive
council.
41
Sec.
36.
Section
384.56,
subsection
1,
Code
2011,
42
is
amended
to
read
as
follows:
43
1.
Cities
may
assess
the
cost
of
a
public
44
improvement
which
extends
through,
abuts
upon,
or
is
45
adjacent
to
lands
owned
by
the
state,
and
the
executive
46
council
shall
pay
payment
for
the
assessable
portion
47
of
the
cost
of
the
improvement
through
or
along
the
48
lands
as
provided
shall
be
subject
to
authorization
by
49
the
executive
council
.
The
executive
council
shall
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pay
assessments
as
and
payable
in
the
manner
provided
1
in
section
307.45
for
property
owned
by
the
state
and
2
not
under
the
jurisdiction
and
control
of
the
state
3
department
of
transportation
.
4
Sec.
37.
Section
459.501,
subsection
5,
as
amended
5
by
2011
Iowa
Acts,
Senate
File
478,
section
1,
as
6
enacted,
is
amended
to
read
as
follows:
7
5.
The
following
shall
apply
to
moneys
in
the
fund:
8
a.
(1)
The
executive
council
may
allocate
moneys
9
from
the
general
fund
of
the
state
as
authorize
payment
10
of
moneys
as
an
expense
paid
from
the
appropriations
11
addressed
in
section
7D.29
and
in
the
manner
provided
12
in
section
7D.10A
in
an
amount
necessary
to
support
the
13
fund,
including
the
following:
14
(a)
The
payment
of
claims
as
provided
in
section
15
459.505
.
16
(b)
The
allocation
of
moneys
to
the
department
17
of
agriculture
and
land
stewardship
for
the
payment
18
of
expenses
incurred
by
the
department
of
agriculture
19
and
land
stewardship
associated
with
providing
for
the
20
sustenance
and
disposition
of
livestock
pursuant
to
21
chapter
717
.
22
(2)
Notwithstanding
subparagraph
(1),
the
23
allocation
of
moneys
from
the
general
fund
of
the
state
24
executive
council’s
authorization
for
payment
shall
be
25
made
provided
only
if
the
amount
of
moneys
in
the
fund,
26
which
are
not
obligated
or
encumbered,
and
not
counting
27
the
department’s
estimate
of
the
cost
to
the
fund
for
28
pending
or
unsettled
claims,
the
amount
to
be
allocated
29
to
the
department
of
agriculture
and
land
stewardship,
30
and
any
amount
required
to
be
credited
to
the
general
31
fund
of
the
state
under
this
subsection
,
is
less
than
32
one
million
dollars.
33
b.
The
department
of
natural
resources
shall
34
credit
an
amount
to
the
general
fund
of
the
state
35
from
which
the
expense
authorized
by
the
executive
36
council
as
provided
in
paragraph
“a”
was
appropriated
37
which
is
equal
to
an
amount
allocated
to
support
the
38
livestock
remediation
fund
by
the
executive
council
39
under
paragraph
“a”
.
The
However,
the
department
shall
40
only
be
required
to
credit
the
moneys
to
the
general
41
such
fund
of
the
state
if
the
moneys
in
the
livestock
42
remediation
fund
which
are
not
obligated
or
encumbered,
43
and
not
counting
the
department’s
estimate
of
the
44
cost
to
the
livestock
remediation
fund
for
pending
or
45
unsettled
claims,
the
amount
to
be
allocated
to
the
46
department
of
agriculture
and
land
stewardship,
and
47
any
amount
required
to
be
transferred
to
the
general
48
fund
under
from
which
appropriated
as
described
in
this
49
paragraph,
are
in
excess
of
two
million
five
hundred
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thousand
dollars.
The
department
is
not
required
to
1
credit
the
total
amount
to
the
general
fund
of
the
2
state
from
which
appropriated
as
described
in
this
3
paragraph
during
any
one
fiscal
year.
4
Sec.
38.
Section
468.43,
unnumbered
paragraph
4,
5
Code
2011,
is
amended
to
read
as
follows:
6
The
assessments
against
lands
under
the
jurisdiction
7
of
the
department
of
natural
resources
shall
be
paid
as
8
an
expense
from
the
appropriations
addressed
in
section
9
7D.29,
if
authorized
by
the
executive
council
upon
10
certification
of
the
amount
by
the
county
treasurer.
11
There
is
appropriated
from
any
funds
in
the
general
12
fund
of
the
state
not
otherwise
appropriated
amounts
13
sufficient
to
pay
the
certified
assessments.
14
Sec.
39.
Section
568.16,
Code
2011,
is
amended
to
15
read
as
follows:
16
568.16
Purchase
money
refunded.
17
If
the
grantee
of
the
state,
or
the
grantee’s
18
successors,
administrators,
or
assigns,
shall
be
19
deprived
of
the
land
conveyed
by
the
state
under
this
20
chapter
by
the
final
decree
of
a
court
of
record
for
21
the
reason
that
the
conveyance
by
the
state
passed
22
no
title
whatever
to
the
land
therein
did
not
pass
23
title
to
the
land
described,
because
title
thereto
to
24
the
land
had
previously
for
any
reason
been
vested
25
in
others,
then
the
money
so
paid
by
the
state
for
26
the
said
land
shall
be
refunded
by
the
state
to
the
27
person
or
persons
entitled
thereto
to
the
refund
,
28
provided
the
said
grantee,
or
the
grantee’s
successors,
29
administrators,
or
assigns,
shall
file
a
certified
30
copy
of
the
transcript
of
the
said
final
decree
with
31
the
executive
council
within
one
year
from
the
date
32
of
the
issuance
of
such
decree,
and
shall
also
file
33
satisfactory
proof
with
the
executive
council
that
the
34
action
over
the
title
to
the
land
was
commenced
within
35
ten
years
from
the
date
of
the
issuance
of
patent
or
36
deed
by
the
state.
The
amount
of
money
to
be
refunded
37
under
the
provisions
of
this
section
shall
be
certified
38
authorized
and
paid
by
the
executive
council
to
the
39
director
of
the
department
of
administrative
services,
40
who
shall
draw
a
warrant
therefor,
and
the
same
shall
41
be
paid
out
of
the
general
fund
as
an
expense
from
the
42
appropriations
addressed
in
section
7D.29
.
43
Sec.
40.
Section
602.10133,
Code
2011,
is
amended
44
to
read
as
follows:
45
602.10133
Costs
and
expenses.
46
The
court
costs
incident
to
such
proceedings
,
47
and
the
reasonable
expense
of
said
the
judges
in
48
attending
said
the
hearing
after
being
approved
by
49
the
supreme
court
shall
be
paid
as
court
costs
an
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expense
authorized
by
the
executive
council
from
the
1
appropriations
addressed
in
section
7D.29
.
2
Sec.
41.
Section
663.44,
Code
2011,
is
amended
to
3
read
as
follows:
4
663.44
Costs.
5
1.
If
the
plaintiff
is
discharged,
the
costs
shall
6
be
assessed
to
the
defendant,
unless
the
defendant
7
is
an
officer
holding
the
plaintiff
in
custody
under
8
a
commitment,
or
under
other
legal
process,
in
which
9
case
the
costs
shall
be
assessed
to
the
county.
If
the
10
plaintiff’s
application
is
refused,
the
costs
shall
be
11
assessed
against
the
plaintiff,
and,
in
the
discretion
12
of
the
court,
against
the
person
who
filed
the
petition
13
in
the
plaintiff’s
behalf.
14
2.
However,
where
Notwithstanding
subsection
1,
if
15
the
plaintiff
is
confined
in
any
state
institution
,
and
16
is
discharged
in
habeas
corpus
proceedings,
or
where
if
17
the
habeas
corpus
proceedings
fail
,
and
costs
and
fees
18
cannot
be
collected
from
the
person
liable
to
pay
the
19
same
costs
and
fees
,
such
the
costs
and
fees
shall
be
20
paid
by
the
county
in
which
such
state
institution
is
21
located.
The
facts
of
such
payment
and
the
proceedings
22
on
which
it
is
based,
with
a
statement
of
the
amount
23
of
fees
or
costs
incurred,
with
approval
in
writing
24
by
the
presiding
judge
appended
to
such
the
statement
25
or
endorsed
thereon
on
the
statement
,
shall
then
be
26
certified
by
the
clerk
of
the
district
court
under
the
27
seal
of
office
to
the
state
executive
council.
The
28
executive
council
shall
then
review
the
proceedings
and
29
authorize
reimbursement
for
all
such
fees
and
costs
30
or
such
part
thereof
of
the
fees
and
costs
as
the
31
executive
council
shall
find
finds
justified,
and
shall
32
notify
the
director
of
the
department
of
administrative
33
services
to
draw
a
warrant
to
such
county
treasurer
34
on
the
state
general
fund
for
the
amount
authorized.
35
There
is
appropriated
from
moneys
in
the
general
fund
36
not
otherwise
appropriated
an
amount
necessary
to
pay
37
the
reimbursement
authorized
by
the
executive
council.
38
The
costs
and
fees
referred
to
above
shall
include
39
any
award
of
fees
made
to
a
court
appointed
attorney
40
representing
an
indigent
party
bringing
the
habeas
41
corpus
action.
42
DIVISION
IV
43
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
——
FY
44
2012-2013
45
Sec.
42.
BUDGET
PROCESS
FOR
FISCAL
YEAR
2013-2014.
46
1.
For
the
budget
process
applicable
to
the
fiscal
47
year
beginning
July
1,
2013,
on
or
before
October
1,
48
2012,
in
lieu
of
the
information
specified
in
section
49
8.23,
subsection
1
,
unnumbered
paragraph
1,
and
50
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72
paragraph
“a”,
all
departments
and
establishments
of
1
the
government
shall
transmit
to
the
director
of
the
2
department
of
management,
on
blanks
to
be
furnished
3
by
the
director,
estimates
of
their
expenditure
4
requirements,
including
every
proposed
expenditure,
for
5
the
ensuing
fiscal
year,
together
with
supporting
data
6
and
explanations
as
called
for
by
the
director
of
the
7
department
of
management
after
consultation
with
the
8
legislative
services
agency.
9
2.
The
estimates
of
expenditure
requirements
10
shall
be
in
a
form
specified
by
the
director
of
11
the
department
of
management,
and
the
expenditure
12
requirements
shall
include
all
proposed
expenditures
13
and
shall
be
prioritized
by
program
or
the
results
to
14
be
achieved.
The
estimates
shall
be
accompanied
by
15
performance
measures
for
evaluating
the
effectiveness
16
of
the
programs
or
results.
17
Sec.
43.
LIMITATION
OF
STANDING
APPROPRIATIONS.
18
Notwithstanding
the
standing
appropriations
in
the
19
following
designated
sections
for
the
fiscal
year
20
beginning
July
1,
2012,
and
ending
June
30,
2013,
the
21
amounts
appropriated
from
the
general
fund
of
the
state
22
pursuant
to
these
sections
for
the
following
designated
23
purposes
shall
not
exceed
the
following
amounts:
24
1.
For
operational
support
grants
and
community
25
cultural
grants
under
section
99F.11,
subsection
3
,
26
paragraph
“d”,
subparagraph
(1):
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
208,351
28
2.
For
regional
tourism
marketing
under
section
29
99F.11,
subsection
3
,
paragraph
“d”,
subparagraph
(2):
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
405,153
31
3.
For
the
center
for
congenital
and
inherited
32
disorders
central
registry
under
section
144.13A,
33
subsection
4
,
paragraph
“a”:
34
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
85,560
35
4.
For
primary
and
secondary
child
abuse
prevention
36
programs
under
section
144.13A,
subsection
4
,
paragraph
37
“a”:
38
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
108,886
39
5.
For
programs
for
at-risk
children
under
section
40
279.51
:
41
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,728,891
42
The
amount
of
any
reduction
in
this
subsection
shall
43
be
prorated
among
the
programs
specified
in
section
44
279.51,
subsection
1
,
paragraphs
“a”,
“b”,
and
“c”.
45
6.
For
payment
for
nonpublic
school
transportation
46
under
section
285.2
:
47
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,530,465
48
If
total
approved
claims
for
reimbursement
for
49
nonpublic
school
pupil
transportation
exceed
the
amount
50
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17/
72
appropriated
in
accordance
with
this
subsection,
the
1
department
of
education
shall
prorate
the
amount
of
2
each
approved
claim.
3
7.
For
reimbursement
for
the
homestead
property
tax
4
credit
under
section
425.1
:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
86,188,387
6
8.
For
reimbursement
for
the
family
farm
and
7
agricultural
land
tax
credits
under
sections
425A.1
and
8
426.1
:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,395,131
10
9.
For
the
enforcement
of
chapter
453D
relating
to
11
tobacco
product
manufacturers
under
section
453D.8
:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,208
13
Sec.
44.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
14
2012-2013.
In
lieu
of
the
appropriation
provided
in
15
section
257.20,
subsection
2,
the
appropriation
for
the
16
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
17
2013,
for
paying
instructional
support
state
aid
under
18
section
257.20
for
fiscal
year
2012-2013
is
zero.
19
DIVISION
V
20
SALARIES,
COMPENSATION,
AND
RELATED
MATTERS
——
FY
21
2012-2013
22
Sec.
45.
COLLECTIVE
BARGAINING
AGREEMENTS
23
FUNDED.
The
various
state
departments,
boards,
24
commissions,
councils,
and
agencies,
including
the
25
state
board
of
regents,
for
the
fiscal
year
beginning
26
July
1,
2012,
and
ending
June
30,
2013,
shall
provide
27
from
available
sources
pay
adjustments,
expense
28
reimbursements,
and
related
benefits
to
fully
fund
the
29
following:
30
1.
The
collective
bargaining
agreement
negotiated
31
pursuant
to
chapter
20
for
employees
in
the
blue
collar
32
bargaining
unit.
33
2.
The
collective
bargaining
agreement
negotiated
34
pursuant
to
chapter
20
for
employees
in
the
public
35
safety
bargaining
unit.
36
3.
The
collective
bargaining
agreement
negotiated
37
pursuant
to
chapter
20
for
employees
in
the
security
38
bargaining
unit.
39
4.
The
collective
bargaining
agreement
negotiated
40
pursuant
to
chapter
20
for
employees
in
the
technical
41
bargaining
unit.
42
5.
The
collective
bargaining
agreement
negotiated
43
pursuant
to
chapter
20
for
employees
in
the
44
professional
fiscal
and
staff
bargaining
unit.
45
6.
The
collective
bargaining
agreement
negotiated
46
pursuant
to
chapter
20
for
employees
in
the
clerical
47
bargaining
unit.
48
7.
The
collective
bargaining
agreement
negotiated
49
pursuant
to
chapter
20
for
employees
in
the
50
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72
professional
social
services
bargaining
unit.
1
8.
The
collective
bargaining
agreement
negotiated
2
pursuant
to
chapter
20
for
employees
in
the
3
community-based
corrections
bargaining
unit.
4
9.
The
collective
bargaining
agreements
negotiated
5
pursuant
to
chapter
20
for
employees
in
the
judicial
6
branch
of
government
bargaining
units.
7
10.
The
collective
bargaining
agreement
negotiated
8
pursuant
to
chapter
20
for
employees
in
the
patient
9
care
bargaining
unit.
10
11.
The
collective
bargaining
agreement
negotiated
11
pursuant
to
chapter
20
for
employees
in
the
science
12
bargaining
unit.
13
12.
The
collective
bargaining
agreement
negotiated
14
pursuant
to
chapter
20
for
employees
in
the
university
15
of
northern
Iowa
faculty
bargaining
unit.
16
13.
The
collective
bargaining
agreement
negotiated
17
pursuant
to
chapter
20
for
employees
in
the
state
18
university
of
Iowa
graduate
student
bargaining
unit.
19
14.
The
collective
bargaining
agreement
negotiated
20
pursuant
to
chapter
20
for
employees
in
the
state
21
university
of
Iowa
hospital
and
clinics
tertiary
health
22
care
bargaining
unit.
23
15.
The
annual
pay
adjustments,
related
benefits,
24
and
expense
reimbursements
referred
to
in
the
sections
25
of
this
division
of
this
Act
addressing
state
board
of
26
regents
employees
who
are
not
covered
by
a
collective
27
bargaining
agreement.
28
Sec.
46.
STATE
EMPLOYEES
——
STATE
BOARD
OF
29
REGENTS.
For
the
fiscal
year
beginning
July
1,
2012,
30
and
ending
June
30,
2013,
funds
shall
be
provided
from
31
available
sources
of
the
state
board
of
regents
for
32
funding
of
collective
bargaining
agreements
for
state
33
board
of
regents
employees
covered
by
such
agreements
34
and
for
the
following
state
board
of
regents
employees
35
not
covered
by
a
collective
bargaining
agreement:
36
1.
Regents
merit
system
employees
and
merit
37
supervisory
employees.
38
2.
Faculty
members
and
professional
and
scientific
39
employees.
40
Sec.
47.
BONUS
PAY.
For
the
fiscal
year
beginning
41
July
1,
2012,
and
ending
June
30,
2013,
employees
of
42
the
executive
branch,
judicial
branch,
and
legislative
43
branch
shall
not
receive
bonus
pay
unless
otherwise
44
authorized
by
law,
required
pursuant
to
a
contract
45
of
employment
entered
into
before
July
1,
2012,
46
or
required
pursuant
to
a
collective
bargaining
47
agreement.
This
section
does
not
apply
to
employees
48
of
the
state
board
of
regents.
For
purposes
of
this
49
section,
“bonus
pay”
means
any
additional
remuneration
50
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provided
an
employee
in
the
form
of
a
bonus,
including
1
but
not
limited
to
a
retention
bonus,
recruitment
2
bonus,
exceptional
job
performance
pay,
extraordinary
3
job
performance
pay,
exceptional
performance
pay,
4
extraordinary
duty
pay,
or
extraordinary
or
special
5
duty
pay,
and
any
extra
benefit
not
otherwise
provided
6
to
other
similarly
situated
employees.
7
Sec.
48.
STATE
TROOPER
MEAL
ALLOWANCE.
For
the
8
fiscal
year
beginning
July
1,
2012,
the
sworn
peace
9
officers
in
the
department
of
public
safety
who
are
not
10
covered
by
a
collective
bargaining
agreement
negotiated
11
pursuant
to
chapter
20
shall
receive
the
same
per
12
diem
meal
allowance
as
the
sworn
peace
officers
in
13
the
department
of
public
safety
who
are
covered
by
a
14
collective
bargaining
agreement
negotiated
pursuant
to
15
chapter
20.
16
Sec.
49.
SALARY
MODEL
ADMINISTRATOR.
The
salary
17
model
administrator
shall
work
in
conjunction
with
18
the
legislative
services
agency
to
maintain
the
19
state’s
salary
model
used
for
analyzing,
comparing,
20
and
projecting
state
employee
salary
and
benefit
21
information,
including
information
relating
to
22
employees
of
the
state
board
of
regents.
The
23
department
of
revenue,
the
department
of
administrative
24
services,
the
five
institutions
under
the
jurisdiction
25
of
the
state
board
of
regents,
the
judicial
district
26
departments
of
correctional
services,
and
the
state
27
department
of
transportation
shall
provide
salary
data
28
to
the
department
of
management
and
the
legislative
29
services
agency
to
operate
the
state’s
salary
30
model.
The
format
and
frequency
of
provision
of
the
31
salary
data
shall
be
determined
by
the
department
of
32
management
and
the
legislative
services
agency.
The
33
information
shall
be
used
in
collective
bargaining
34
processes
under
chapter
20
and
in
calculating
the
35
funding
needs
contained
within
the
annual
salary
36
adjustment
legislation.
A
state
employee
organization
37
as
defined
in
section
20.3,
subsection
4,
may
request
38
information
produced
by
the
model,
but
the
information
39
provided
shall
not
contain
information
attributable
to
40
individual
employees.
41
DIVISION
VI
42
CORRECTIVE
PROVISIONS
43
Sec.
50.
Section
8.6,
subsection
9A,
as
enacted
by
44
2011
Iowa
Acts,
House
File
45,
section
39,
is
amended
45
to
read
as
follows:
46
9A.
Budget
and
tax
rate
databases.
To
develop
47
and
make
available
to
the
public
a
searchable
budget
48
database
and
internet
site
as
required
under
chapter
49
8G,
division
subchapter
I
,
and
to
develop
and
make
50
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72
available
to
the
public
a
searchable
tax
rate
database
1
and
internet
site
as
required
under
chapter
8G,
2
division
subchapter
II
.
3
Sec.
51.
Section
8.57E,
subsection
3,
paragraph
a,
4
as
enacted
by
2011
Iowa
Acts,
Senate
File
209,
section
5
30,
is
amended
to
read
as
follows:
6
a.
Moneys
in
the
taxpayer’s
taxpayers
trust
fund
7
may
be
used
for
cash
flow
purposes
during
a
fiscal
year
8
provided
that
any
moneys
so
allocated
are
returned
to
9
the
fund
by
the
end
of
that
fiscal
year.
10
Sec.
52.
Section
8G.13,
as
enacted
by
2011
Iowa
11
Acts,
House
File
45,
section
50,
is
amended
to
read
as
12
follows:
13
8G.13
Updating
database.
14
To
facilitate
the
department
of
management’s
efforts
15
in
creating
and
maintaining
a
searchable
database
of
16
the
taxes
identified
in
section
8G.12,
subsection
3
1
,
17
for
all
taxing
jurisdictions
in
the
state,
each
taxing
18
jurisdiction
may
annually
be
required
to
report
its
tax
19
rates
to
the
department
of
management
or
the
department
20
of
revenue
and
shall
report
any
changes
to
its
tax
21
rates
within
thirty
days
of
the
change.
22
Sec.
53.
Section
16.193,
subsection
3,
paragraph
a,
23
Code
2011,
as
amended
by
2011
Iowa
Acts,
Senate
File
24
475,
section
11,
is
amended
to
read
as
follows:
25
a.
During
the
term
of
the
Iowa
jobs
program
and
26
Iowa
jobs
II
program,
the
Iowa
finance
authority
shall
27
collect
data
on
all
of
the
projects
approved
for
the
28
program
programs
.
The
department
of
management
and
29
the
state
agencies
associated
with
the
projects
shall
30
assist
the
authority
with
the
data
collection
and
in
31
developing
the
report
required
by
this
subsection
.
The
32
authority
shall
report
quarterly
to
the
governor
and
33
the
general
assembly
concerning
the
data.
34
Sec.
54.
Section
68A.401,
subsection
4,
Code
2011,
35
as
amended
by
2011
Iowa
Acts,
Senate
File
475,
section
36
17,
is
amended
to
read
as
follows:
37
4.
Political
committees
expressly
advocating
the
38
nomination,
election,
or
defeat
of
candidates
for
39
both
federal
office
and
any
elected
office
created
40
by
law
or
the
Constitution
of
the
State
of
Iowa
41
shall
file
statements
and
reports
with
the
board
in
42
addition
to
any
federal
reports
required
to
be
filed
43
with
the
board.
However,
a
political
committee
that
44
is
registered
and
filing
full
disclosure
reports
of
45
all
financial
activities
with
the
federal
election
46
commission
may
file
verified
statements
as
provided
in
47
section
68B.201A
68A.201A
.
48
Sec.
55.
Section
139A.19,
subsection
3,
as
enacted
49
by
2011
Iowa
Acts,
House
File
467,
section
20,
is
50
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72
amended
to
read
as
follows:
1
3.
This
section
does
not
preclude
a
hospital,
2
clinic,
other
health
facility,
or
a
health
care
3
provider
from
providing
notification
to
a
care
4
provider
under
circumstances
in
which
the
hospital’s,
5
clinic’s,
other
health
facility’s,
or
health
care
6
provider’s
policy
provides
for
notification
of
the
7
hospital’s,
clinics
clinic’s
,
other
health
facility’s,
8
or
health
care
provider’s
own
employees
of
exposure
9
to
a
contagious
or
infectious
disease
that
is
not
10
life-threatening
if
the
notice
does
not
reveal
a
11
patient’s
name,
unless
the
patient
consents.
12
Sec.
56.
Section
175.3,
subsection
1,
paragraph
a,
13
Code
2011,
as
amended
by
2011
Iowa
Acts,
Senate
File
14
429,
section
1,
is
amended
to
read
as
follows:
15
a.
The
agricultural
development
authority
is
16
established
within
the
department
of
agriculture
and
17
land
stewardship.
The
agency
authority
is
constituted
18
as
a
public
instrumentality
and
agency
of
the
state
19
exercising
public
and
essential
governmental
functions.
20
Sec.
57.
Section
207.22,
subsection
3,
paragraph
b,
21
Code
2011,
as
amended
by
2011
Iowa
Acts,
Senate
File
22
475,
section
47,
is
amended
to
read
as
follows:
23
b.
Acquisition
of
coal
refuse
disposal
sites
and
24
all
coal
refuse
thereon
will
serve
the
purposes
of
25
Tit.
IV
of
Pub.
L.
No.
95-87,
Tit.
IV,
codified
at
30
26
U.S.C.
ch.
25,
subch.
IV,
or
that
public
ownership
27
is
desirable
to
meet
emergency
situations
and
prevent
28
recurrences
of
the
adverse
effect
of
past
coal
mining
29
practices.
30
Sec.
58.
Section
232.71D,
subsection
3,
paragraph
31
a,
unnumbered
paragraph
1,
as
enacted
by
2011
Iowa
32
Acts,
House
File
562,
section
3,
is
amended
to
read
as
33
follows:
34
Unless
any
of
the
circumstances
listed
in
paragraph
35
“b”
are
applicable,
cases
to
which
any
of
the
following
36
circumstances
apply
shall
not
be
placed
on
in
the
37
central
registry:
38
Sec.
59.
Section
256.7,
subsection
26,
paragraph
a,
39
subparagraph
(1),
as
enacted
by
2011
Iowa
Acts,
Senate
40
File
453,
section
1,
is
amended
to
read
as
follows:
41
(1)
The
rules
establishing
high
school
graduation
42
requirements
shall
authorize
a
school
district
43
or
accredited
nonpublic
school
to
consider
that
44
any
student
who
satisfactorily
completes
a
high
45
school-level
unit
of
English
or
language
arts,
46
mathematics,
science,
or
social
studies
has
47
satisfactorily
completed
a
unit
of
the
high
school
48
graduation
requirements
for
that
area
as
specified
in
49
this
lettered
paragraph,
and
to
shall
authorize
the
50
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school
district
or
accredited
nonpublic
school
to
issue
1
high
school
credit
for
the
unit
to
the
student.
2
Sec.
60.
Section
321.34,
subsection
20C,
paragraph
3
a,
if
enacted
by
2011
Iowa
Acts,
House
File
651,
4
section
2,
is
amended
to
read
as
follows:
5
a.
The
department,
in
consultation
with
the
6
adjutant
general,
shall
design
combat
infantryman
7
badge,
combat
action
badge,
combat
action
ribbon,
air
8
force
combat
action
medal,
and
combat
medical
badge
9
distinguishing
processed
emblems.
Upon
receipt
of
two
10
hundred
fifty
orders
for
special
combat
infantryman
11
badge,
combat
action
badge,
combat
action
ribbon,
air
12
force
combat
action
medal,
or
combat
medical
badge
13
special
registration
plates,
accompanied
by
a
start-up
14
fee
of
twenty
dollars
per
order,
the
department
15
shall
begin
issuing
special
registration
plates
with
16
the
applicable
distinguishing
processed
emblem
as
17
provided
in
paragraphs
“b”
and
“c”
.
The
minimum
18
order
requirement
shall
apply
separately
to
each
of
19
the
special
registration
plates
created
under
this
20
subsection.
21
Sec.
61.
Section
321.34,
subsection
25,
paragraph
22
a,
if
enacted
by
2011
Iowa
Acts,
House
File
651,
23
section
2,
is
amended
to
read
as
follows:
24
a.
The
department,
in
consultation
with
25
the
adjutant
general,
shall
design
a
civil
war
26
sesquicentennial
distinguishing
processed
emblem.
Upon
27
receipt
of
two
hundred
fifty
orders
for
special
civil
28
war
sesquicentennial
special
registration
plates,
29
accompanied
by
a
start-up
fee
of
twenty
dollars
per
30
order,
the
department
shall
begin
issuing
special
31
registration
plates
with
a
civil
war
sesquicentennial
32
processed
emblem
as
provided
in
paragraph
“b”
.
33
Sec.
62.
Section
327B.5,
Code
2011,
is
amended
to
34
read
as
follows:
35
327B.5
Penalty.
36
Any
person
violating
the
provisions
of
this
chapter
37
shall,
upon
conviction,
be
subject
to
a
scheduled
38
fine
as
provided
in
section
805.8A,
subsection
13
,
39
paragraphs
paragraph
“f”
and
“g”
.
40
Sec.
63.
Section
422.11O,
subsection
5,
paragraph
41
a,
subparagraph
(2),
if
enacted
by
2011
Iowa
Acts,
42
Senate
File
531,
section
17,
is
amended
to
read
as
43
follows:
44
(2)
The
E-15
plus
gasoline
promotion
tax
credit
45
pursuant
to
section
422.11Y.
46
Sec.
64.
Section
422.11Y,
subsection
1,
paragraph
47
d,
if
enacted
by
2011
Iowa
Acts,
Senate
File
531,
48
section
35,
is
amended
to
read
as
follows:
49
d.
“Tax
credit”
means
the
E-15
plus
gasoline
50
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72
promotion
tax
credit
as
provided
in
this
section.
1
Sec.
65.
Section
422.11Y,
subsection
3,
unnumbered
2
paragraph
1,
if
enacted
by
2011
Iowa
Acts,
Senate
File
3
531,
section
35,
is
amended
to
read
as
follows:
4
The
taxes
imposed
under
this
division,
less
the
5
credits
allowed
under
section
422.12,
shall
be
reduced
6
by
the
amount
of
the
E-15
plus
gasoline
promotion
tax
7
credit
for
each
tax
year
that
the
taxpayer
is
eligible
8
to
claim
a
tax
credit
under
this
subsection.
9
Sec.
66.
Section
422.11Y,
subsection
6,
paragraph
10
b,
subparagraph
(2),
if
enacted
by
2011
Iowa
Acts,
11
Senate
File
531,
section
35,
is
amended
to
read
as
12
follows:
13
(2)
The
retail
dealer
may
claim
the
ethanol
14
promotion
tax
credit
as
provided
in
paragraph
“a”
for
15
the
same
ethanol
gallonage
used
to
calculate
and
claim
16
the
E-15
plus
gasoline
promotion
tax
credit.
17
Sec.
67.
Section
423.4,
subsection
9,
unnumbered
18
paragraph
1,
if
enacted
by
2011
Iowa
Acts,
Senate
File
19
531,
section
59,
is
amended
to
read
as
follows:
20
A
person
who
qualifies
as
a
biodiesel
producer
as
21
provided
in
this
subsection
may
apply
to
the
director
22
for
a
refund
of
the
amount
of
the
sales
or
use
tax
23
imposed
and
paid
upon
purchases
made
by
the
person.
24
Sec.
68.
Section
483A.24A,
Code
2011,
as
amended
by
25
2011
Iowa
Acts,
Senate
File
194,
section
10,
is
amended
26
to
read
as
follows:
27
483A.24A
License
refunds
——
military
service.
28
Notwithstanding
any
provision
of
this
chapter
to
29
the
contrary,
a
service
member
deployed
for
military
30
service,
both
as
defined
in
section
29A.1,
subsection
31
3
,
shall
receive
a
refund
of
that
portion
of
any
32
license
fee
paid
by
the
service
member
representing
the
33
service
member’s
period
of
military
service.
34
Sec.
69.
Section
501.101,
subsection
01,
as
enacted
35
by
2011
Iowa
Acts,
House
File
348,
section
7,
is
36
amended
to
read
as
follows:
37
01.
“Alternative
voting
method”
means
a
method
of
38
voting
other
than
a
written
ballot,
including
voting
39
by
electronic,
telephonic,
internet,
or
other
means
40
that
reasonably
allow
allows
members
the
opportunity
41
to
vote.
42
Sec.
70.
Section
501A.703,
subsection
5,
paragraph
43
d,
Code
2011,
as
amended
by
2011
Iowa
Acts,
House
File
44
348,
section
19,
is
amended
to
read
as
follows:
45
d.
If
the
ballot
of
the
member
is
received
by
46
the
cooperative
on
or
before
the
date
of
the
regular
47
members’
meeting
or
as
otherwise
prescribed
for
an
48
alternative
,
voting
method,
the
ballot
or
alternative
49
voting
method
shall
be
accepted
and
counted
as
the
vote
50
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72
of
the
absent
member.
1
Sec.
71.
Section
511.8,
subsection
22,
paragraph
i,
2
unnumbered
paragraph
1,
as
enacted
by
2011
Iowa
Acts,
3
Senate
File
406,
section
25,
is
amended
to
read
as
4
follows:
5
Securities
held
in
the
legal
reserve
of
a
life
6
insurance
company
or
association
pledged
as
collateral
7
for
financial
instruments
used
in
highly
effective
8
hedging
transactions
as
defined
in
the
national
9
association
of
insurance
commissioners’
Statement
10
statement
of
Statutory
Accounting
Principles
No.
11
statutory
accounting
principles
no.
86
shall
continue
12
to
be
eligible
for
inclusion
on
in
the
legal
reserve
of
13
the
life
insurance
company
or
association
subject
to
14
all
of
the
following:
15
Sec.
72.
Section
514J.109,
subsection
3,
paragraph
16
f,
if
enacted
by
2011
Iowa
Acts,
House
File
597,
17
section
9,
is
amended
to
read
as
follows:
18
f.
The
covered
person
or
the
covered
person’s
19
authorized
representative
has
provided
all
the
20
information
and
forms
required
by
the
commissioner
that
21
are
necessary
to
process
an
external
review
request
22
pursuant
to
this
section.
23
Sec.
73.
Section
521F.4,
subsection
1,
paragraph
b,
24
as
enacted
by
2011
Iowa
Acts,
Senate
File
406,
section
25
44,
is
amended
to
read
as
follows:
26
b.
The
filing
of
a
risk-based
capital
report
by
27
a
health
organization
which
indicates
that
the
health
28
organization
has
total
adjusted
capital
which
is
29
greater
than
or
equal
to
its
company-action-level
30
risk-based
capital
but
less
than
the
product
of
its
31
authorized-control-level
risk-based
capital
and
three
32
and
triggers
the
trend
test
determined
in
accordance
33
with
the
trend
test
calculations
calculation
included
34
in
the
health
risk-based
capital
instructions.
35
Sec.
74.
Section
524.310,
subsection
5,
paragraph
36
b,
Code
2011,
as
amended
by
2011
Iowa
Acts,
Senate
File
37
475,
section
120,
is
amended
to
read
as
follows:
38
b.
A
corporate
or
company
name
reserved,
39
registered,
or
protected
as
provided
in
section
40
489.109,
490.402
,
490.403
,
490A.402
,
504.402
,
or
41
504.403
.
42
Sec.
75.
Section
717.3,
subsection
5,
paragraph
b,
43
Code
2011,
as
enacted
by
2011
Iowa
Acts,
Senate
File
44
478,
section
6,
is
amended
to
read
as
follows:
45
b.
That
the
department
shall
assume
supervision
of
46
and
provide
for
the
sustenance
of
the
livestock
and
as
47
provided
in
section
717.4.
48
Sec.
76.
Section
717.4,
subsection
2,
as
enacted
by
49
2011
Iowa
Acts,
Senate
File
478,
section
7,
is
amended
50
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72
to
read
as
follows:
1
2.
The
court
ordered
lien
shall
be
for
the
benefit
2
of
the
department.
The
amount
of
the
lien
shall
not
3
be
not
more
than
for
expenses
incurred
in
providing
4
sustenance
to
the
livestock
pursuant
to
section
717.3
5
and
providing
for
the
disposition
of
the
livestock
6
pursuant
to
section
717.5.
7
Sec.
77.
Section
717.4A,
as
enacted
by
2011
Iowa
8
Acts,
Senate
File
478,
section
8,
is
amended
to
read
9
as
follows:
10
717.4A
Livestock
in
immediate
need
of
sustenance
——
11
livestock
remediation
fund.
12
The
department
may
utilize
the
moneys
deposited
13
into
the
livestock
remediation
fund
pursuant
to
14
section
459.501
to
pay
for
any
expenses
associated
15
with
providing
sustenance
to
or
the
disposition
of
the
16
livestock
pursuant
to
a
court
order
entered
pursuant
to
17
section
717.3
or
717.5.
The
department
shall
utilize
18
moneys
from
the
fund
only
to
the
extent
that
the
19
department
determines
that
expenses
cannot
be
timely
20
paid
by
utilizing
the
available
provisions
of
sections
21
717.4
and
717.5.
The
department
shall
deposit
any
22
unexpended
and
unobligated
moneys
in
the
fund.
The
23
department
shall
pay
to
the
fund
the
proceeds
from
the
24
disposition
of
the
livestock
and
associated
products
25
less
expenses
incurred
by
the
department
in
providing
26
for
the
sustenance
and
disposition
of
the
livestock,
as
27
provided
in
section
717.5.
28
Sec.
78.
Section
903A.5,
subsection
1,
as
enacted
29
by
2011
Iowa
Acts,
House
File
271,
section
3,
is
30
amended
to
read
as
follows:
31
1.
An
inmate
shall
not
be
discharged
from
the
32
custody
of
the
director
of
the
Iowa
department
of
33
corrections
until
the
inmate
has
served
the
full
term
34
for
which
the
inmate
was
sentenced,
less
earned
time
35
and
other
credits
earned
and
not
forfeited,
unless
36
the
inmate
is
pardoned
or
otherwise
legally
released.
37
Earned
time
accrued
and
not
forfeited
shall
apply
38
to
reduce
a
mandatory
minimum
sentence
being
served
39
pursuant
to
section
124.406
,
124.413
,
902.7
,
902.8
,
40
902.8A
,
or
902.11
.
An
inmate
shall
be
deemed
to
be
41
serving
the
sentence
from
the
day
on
which
the
inmate
42
is
received
into
the
institution.
If
an
inmate
was
43
confined
to
a
county
jail
or
other
correctional
or
44
mental
facility
at
any
time
prior
to
sentencing,
or
45
after
sentencing
but
prior
to
the
case
having
been
46
decided
on
appeal,
because
of
failure
to
furnish
47
bail
or
because
of
being
charged
with
a
nonbailable
48
offense,
the
inmate
shall
be
given
credit
for
the
49
days
already
served
upon
the
term
of
the
sentence.
50
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However,
if
a
person
commits
any
offense
while
confined
1
in
a
county
jail
or
other
correctional
or
mental
2
health
facility,
the
person
shall
not
be
granted
3
jail
credit
for
that
offense.
Unless
the
inmate
was
4
confined
in
a
correctional
facility,
the
sheriff
of
5
the
county
in
which
the
inmate
was
confined
shall
6
certify
to
the
clerk
of
the
district
court
from
which
7
the
inmate
was
sentenced
and
to
the
department
of
8
corrections’
records
administrator
at
the
Iowa
medical
9
and
classification
center
the
number
of
days
so
served.
10
The
department
of
corrections’
records
administrator,
11
or
the
administrator’s
designee,
shall
apply
jail
12
credit
as
ordered
by
the
court
of
proper
jurisdiction
13
or
as
authorized
by
this
section
and
section
907.3,
14
subsection
3
.
15
Sec.
79.
EFFECTIVE
DATES.
16
1.
The
section
of
this
division
of
this
Act
17
amending
section
422.11O,
subsection
5,
paragraph
a,
18
subparagraph
(2),
if
enacted
by
2011
Iowa
Acts,
Senate
19
File
531,
section
17,
takes
effect
January
1,
2012.
20
2.
Section
423.4,
subsection
9,
unnumbered
21
paragraph
1,
if
enacted
by
2011
Iowa
Acts,
Senate
File
22
531,
section
59,
takes
effect
January
1,
2012.
23
Sec.
80.
APPLICABILITY.
24
1.
The
section
of
this
division
of
this
Act
25
amending
section
422.11O,
subsection
5,
paragraph
a,
26
subparagraph
(2),
if
enacted
by
2011
Iowa
Acts,
Senate
27
File
531,
section
17,
applies
to
tax
years
beginning
on
28
and
after
January
1,
2012.
29
2.
The
section
of
this
division
of
this
Act
30
amending
section
422.11Y,
subsection
1,
paragraph
d,
if
31
enacted
by
2011
Iowa
Acts,
Senate
File
531,
section
35,
32
applies
to
tax
years
beginning
on
and
after
January
1,
33
2012,
and
to
that
part
of
a
retail
dealer’s
tax
year
or
34
tax
years
occurring
during
that
portion
of
the
calendar
35
year
beginning
on
and
after
July
1,
2011,
and
ending
36
on
December
31,
2011.
37
3.
The
section
of
this
division
of
this
Act
38
amending
section
422.11Y,
subsection
3,
unnumbered
39
paragraph
1,
if
enacted
by
2011
Iowa
Acts,
Senate
File
40
531,
section
35,
applies
to
tax
years
beginning
on
and
41
after
January
1,
2012,
and
to
that
part
of
a
retail
42
dealer’s
tax
year
or
tax
years
occurring
during
that
43
portion
of
the
calendar
year
beginning
on
and
after
44
July
1,
2011,
and
ending
on
December
31,
2011.
45
4.
The
section
of
this
division
of
this
Act
46
amending
section
422.11Y,
subsection
6,
paragraph
b,
47
subparagraph
(2),
if
enacted
by
2011
Iowa
Acts,
Senate
48
File
531,
section
35,
applies
to
tax
years
beginning
on
49
and
after
January
1,
2012,
and
to
that
part
of
a
retail
50
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dealer’s
tax
year
or
tax
years
occurring
during
that
1
portion
of
the
calendar
year
beginning
on
and
after
2
July
1,
2011,
and
ending
on
December
31,
2011.
3
DIVISION
VII
4
MISCELLANEOUS
PROVISIONS
AND
APPROPRIATIONS
5
Sec.
81.
VISION
SCREENING
PROGRAM
——
DEPARTMENT
6
OF
PUBLIC
HEALTH.
There
is
appropriated
from
the
7
general
fund
of
the
state
to
the
department
of
public
8
health
for
the
fiscal
year
beginning
July
1,
2011,
and
9
ending
June
30,
2012,
the
following
amount,
or
so
much
10
thereof
as
is
necessary,
to
be
used
for
the
purposes
11
designated:
12
For
a
grant
to
a
national
affiliated
volunteer
13
eye
organization
that
has
an
established
program
for
14
children
and
adults
and
that
is
solely
dedicated
to
15
preserving
sight
and
preventing
blindness
through
16
education,
nationally
certified
vision
screening
and
17
training,
and
community
and
patient
service
programs:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
100,000
19
Sec.
82.
APPROPRIATION
——
FARMERS
WITH
20
DISABILITIES.
There
is
appropriated
from
the
general
21
fund
of
the
state
to
the
department
of
agriculture
and
22
land
stewardship
for
the
fiscal
year
beginning
July
1,
23
2011,
and
ending
June
30,
2012,
the
following
amount,
24
or
so
much
thereof
as
is
necessary,
for
a
program
for
25
farmers
with
disabilities:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
97,000
27
The
moneys
appropriated
in
this
section
shall
be
28
used
for
the
public
purpose
of
providing
a
grant
to
29
a
national
nonprofit
organization
with
over
80
years
30
of
experience
in
assisting
children
and
adults
with
31
disabilities
and
special
needs.
The
moneys
shall
32
be
used
to
support
a
nationally
recognized
program
33
that
began
in
1986
and
has
been
replicated
in
at
34
least
30
other
states,
but
which
is
not
available
35
through
any
other
entity
in
this
state,
and
that
36
provides
assistance
to
farmers
with
disabilities
in
37
all
99
counties
to
allow
the
farmers
to
remain
in
38
their
own
homes
and
be
gainfully
engaged
in
farming
39
through
provision
of
agricultural
worksite
and
home
40
modification
consultations,
peer
support
services,
41
services
to
families,
information
and
referral,
and
42
equipment
loan
services.
Notwithstanding
section
43
8.33,
moneys
appropriated
in
this
section
that
remain
44
unencumbered
or
unobligated
at
the
close
of
the
fiscal
45
year
shall
not
revert
but
shall
remain
available
for
46
expenditure
for
the
purposes
designated
until
the
close
47
of
the
succeeding
fiscal
year.
48
Sec.
83.
APPROPRIATION
——
BATTLESHIP
IOWA,
BB-61.
49
1.
There
is
appropriated
from
the
general
fund
of
50
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the
state
to
the
department
of
cultural
affairs
for
the
1
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2
2011,
the
following
amount,
or
so
much
thereof
as
is
3
necessary,
to
be
credited
to
the
BB-61
fund
created
in
4
2010
Iowa
Acts,
chapter
1194:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,000,000
6
2.
If
the
department
of
the
navy,
pursuant
to
a
7
process
outlined
in
a
notice
published
in
the
federal
8
register
on
May
24,
2010,
volume
75,
number
99,
awards
9
possession
or
conditionally
awards
possession
of
the
10
battleship
Iowa,
BB-61,
to
a
nonprofit
group
that
is
11
eligible
to
receive
the
battleship,
the
department
of
12
cultural
affairs
shall
award
a
grant
to
the
nonprofit
13
group
in
an
amount
equal
to
$3
million
in
addition
to
14
any
moneys
awarded
as
a
grant
from
the
BB-61
fund.
15
3.
Notwithstanding
section
8.33,
moneys
16
appropriated
in
this
section
that
remain
unencumbered
17
or
unobligated
at
the
close
of
the
fiscal
year
shall
18
not
revert
but
shall
remain
available
for
expenditure
19
for
the
purposes
designated
for
succeeding
fiscal
20
years.
21
Sec.
84.
GROUP
HOME
GRANT.
There
is
appropriated
22
from
the
general
fund
of
the
state
to
the
Iowa
finance
23
authority
for
the
fiscal
year
beginning
July
1,
2010,
24
and
ending
June
30,
2011,
the
following
amount,
or
25
so
much
thereof
as
is
necessary,
to
be
used
for
the
26
purposes
designated:
27
For
a
grant
to
a
nonprofit
organization
providing
28
residential
services
for
persons
with
an
intellectual
29
disability
at
the
intermediate
care
facility
level
30
and
services
under
the
medical
assistance
program
31
habilitation
and
brain
injury
home
and
community-based
32
services
waivers,
that
is
located
in
and
providing
such
33
services
in
a
county
with
a
population
between
90,000
34
and
95,000,
according
to
the
latest
certified
federal
35
census:
36
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
100,000
37
The
grant
under
this
section
shall
be
used
for
38
purchase
or
remodeling
costs
to
develop
a
group
home
39
for
not
more
than
four
individuals
with
intellectual
40
disabilities
or
brain
injury.
Notwithstanding
section
41
8.33,
moneys
appropriated
in
this
section
that
remain
42
unencumbered
or
unobligated
at
the
close
of
the
fiscal
43
year
shall
not
revert
but
shall
remain
available
for
44
expenditure
for
the
purposes
designated
until
the
close
45
of
the
succeeding
fiscal
year.
46
Sec.
85.
INVESTIGATIONS
DIVISION
OF
DEPARTMENT
47
OF
INSPECTIONS
AND
APPEALS
——
CONTINGENT
FTE
48
AUTHORIZATION.
If
Senate
File
313
or
successor
49
legislation
providing
for
debt
setoff
or
other
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recovery
activities
for
nonpayment
of
premiums
1
pursuant
to
section
249A.3,
subsection
2,
paragraph
2
“a”,
subparagraph
(1),
relating
to
a
special
income
3
eligibility
group
under
the
Medicaid
program,
or
4
pursuant
to
section
249J.8,
subsection
1,
relating
5
to
the
expansion
population
eligibility
group
under
6
the
IowaCare
program,
is
enacted
by
the
Eighty-fourth
7
General
Assembly,
2011
Session,
in
addition
to
8
other
full-time
equivalent
positions
authorized
for
9
the
investigations
division
of
the
department
of
10
inspections
and
appeals
for
the
fiscal
year
beginning
11
July
1,
2011,
not
more
than
2.00
FTEs
are
authorized,
12
to
the
extent
funded
through
moneys
available
to
the
13
department
of
human
services,
to
be
used
to
implement
14
such
provisions
of
Senate
File
313
or
successor
15
legislation.
16
Sec.
86.
SPECIAL
EDUCATION
INSTRUCTIONAL
17
PROGRAM.
If
a
school
district
that
is
participating
18
on
a
contractual
basis
in
a
special
education
19
instructional
program
operated
by
an
area
education
20
agency,
in
which
the
area
education
agency
employed
21
teachers
on
behalf
of
the
school
district
at
the
time
22
the
department
of
management
calculated
the
teacher
23
salary
supplement
cost
per
pupil
under
section
257.10,
24
subsection
9,
the
professional
development
supplement
25
cost
per
pupil
under
section
257.10,
subsection
10,
26
the
area
education
agency
teacher
salary
supplement
27
cost
per
pupil
under
section
257.37A,
subsection
1,
28
and
the
area
education
agency
professional
development
29
supplement
cost
per
pupil
under
section
257.37A,
30
subsection
2,
for
the
fiscal
year
beginning
July
1,
31
2009,
terminates
the
contract
for
participation
in
32
the
special
education
instructional
program,
the
area
33
education
agency
operating
the
program
shall
notify
the
34
department
of
management
of
the
contract
termination
by
35
the
following
April
1.
The
department
of
management
36
shall
recalculate
the
cost
per
pupil
amounts
for
37
the
area
education
agency
and
the
school
district
38
for
the
fiscal
year
succeeding
the
notification
date
39
for
the
teacher
salary
supplement
cost
per
pupil
40
under
section
257.10,
subsection
9,
the
professional
41
development
supplement
cost
per
pupil
under
section
42
257.10,
subsection
10,
the
area
education
agency
43
teacher
salary
supplement
cost
per
pupil
under
section
44
257.37A,
subsection
1,
and
the
area
education
agency
45
professional
development
supplement
cost
per
pupil
46
under
section
257.37A,
subsection
2,
by
estimating
the
47
amount
of
the
original
allocations
used
in
the
cost
48
per
pupil
calculation
that
would
have
been
allocated
49
to
the
school
district
rather
than
the
area
education
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agency
had
the
special
education
instructional
program
1
not
existed,
and
the
department
of
management
shall
2
increase
the
annual
supplement
cost
per
pupil
for
3
the
school
district
and
area
education
agency
by
the
4
appropriate
allowable
growth
for
the
appropriate
fiscal
5
years.
6
Sec.
87.
TASK
FORCE
ON
THE
PREVENTION
OF
SEXUAL
7
ABUSE
OF
CHILDREN.
8
1.
A
task
force
on
the
prevention
of
sexual
abuse
9
of
children
is
established
consisting
of
the
following
10
members:
11
a.
Four
members
of
the
general
assembly
serving
as
12
ex
officio,
nonvoting
members,
with
not
more
than
one
13
member
from
each
chamber
being
from
the
same
political
14
party.
The
two
senators
shall
be
appointed,
one
15
each,
by
the
majority
leader
of
the
senate
and
by
the
16
minority
leader
of
the
senate.
The
two
representatives
17
shall
be
appointed,
one
each,
by
the
speaker
of
the
18
house
of
representatives
and
by
the
minority
leader
of
19
the
house
of
representatives.
20
b.
The
director
of
human
services
or
the
director’s
21
designee.
22
c.
The
director
of
the
department
of
education
or
23
the
director’s
designee.
24
d.
The
director
of
public
health
or
the
director’s
25
designee.
26
e.
The
state
court
administrator
or
the
state
court
27
administrator’s
designee.
28
f.
A
representative
of
the
Iowa
county
attorneys
29
association,
appointed
by
the
president
of
that
30
association.
31
g.
A
representative
of
the
chief
juvenile
court
32
officers,
appointed
by
the
chief
justice
of
the
supreme
33
court.
34
h.
A
representative
of
the
Iowa
state
education
35
association,
appointed
by
the
president
of
that
36
organization.
37
i.
A
representative
of
prevent
child
abuse
Iowa,
38
appointed
by
the
director
of
human
services.
39
j.
A
representative
of
school
administrators
of
40
Iowa,
appointed
by
the
president
of
that
organization.
41
k.
A
representative
of
the
Iowa
association
of
42
school
boards,
appointed
by
the
executive
director
of
43
that
organization.
44
l.
A
representative
of
the
Iowa
psychological
45
association,
appointed
by
the
president
of
that
46
association.
47
m.
A
representative
of
the
Iowa
coalition
against
48
sexual
assault,
appointed
by
the
executive
director
of
49
that
coalition.
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n.
A
representative
of
prevent
child
abuse
1
Iowa,
appointed
by
the
executive
director
of
that
2
organization.
3
o.
A
child
abuse
expert
employed
by
or
under
4
contract
with
one
of
Iowa’s
nationally
accredited
child
5
protection
centers,
appointed
by
the
director
of
the
6
regional
child
protection
center
located
in
Des
Moines.
7
2.
Members
of
the
task
force
shall
be
individuals
8
who
are
actively
involved
in
the
fields
of
child
abuse
9
prevention.
To
the
extent
possible,
appointment
of
10
members
shall
reflect
the
geographic
diversity
of
the
11
state.
The
voting
members
of
the
task
force
shall
12
serve
without
compensation
and
shall
not
be
reimbursed
13
for
their
expenses.
14
3.
The
director
of
prevent
child
abuse
Iowa,
or
the
15
director’s
designee,
shall
convene
the
organizational
16
meeting
of
the
task
force.
The
task
force
shall
17
elect
from
among
its
members
a
chairperson.
Meetings
18
shall
be
held
at
the
call
of
the
chairperson
or
at
the
19
request
of
two
or
more
task
force
members.
Six
members
20
shall
constitute
a
quorum
and
the
affirmative
vote
of
21
six
members
shall
be
necessary
for
any
action
taken
by
22
the
task
force.
23
4.
Prevent
child
abuse
Iowa
shall
provide
staff
24
support
to
the
task
force.
25
5.
The
task
force
shall
consult
with
employees
of
26
the
department
of
human
services,
the
Iowa
coalition
27
against
sexual
assault,
the
department
of
public
28
safety,
the
state
board
of
education,
and
any
other
29
state
agency
or
department
as
necessary
to
accomplish
30
the
task
force’s
responsibilities
under
this
section.
31
6.
The
task
force
shall
develop
a
model
policy
32
addressing
sexual
abuse
of
children
that
may
include
33
but
is
not
limited
to
the
following:
34
a.
Age-appropriate
curricula
for
students
enrolled
35
in
prekindergarten
through
grade
five.
36
b.
Training
options
for
school
personnel
on
child
37
sexual
abuse.
38
c.
Educational
information
for
parents
and
39
guardians
that
may
be
provided
in
a
school
handbook
and
40
may
include
the
warning
signs
of
a
child
being
abused,
41
along
with
any
needed
assistance,
referral,
or
resource
42
information.
43
d.
Counseling
options
and
resources
available
44
statewide
for
students
affected
by
sexual
abuse.
45
e.
Emotional
and
educational
support
services
46
that
may
be
available
for
a
child
subject
to
abuse
to
47
continue
to
be
successful
in
school.
48
f.
Methods
for
increasing
teacher,
student,
and
49
parent
awareness
of
issues
regarding
sexual
abuse
of
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children,
including
but
not
limited
to
knowledge
of
1
likely
warning
signs
indicating
that
a
child
may
be
a
2
victim
of
sexual
abuse.
3
g.
Actions
that
a
child
who
is
a
victim
of
4
sexual
abuse
should
take
to
obtain
assistance
and
5
intervention.
6
7.
The
task
force
shall
make
recommendations
for
7
preventing
the
sexual
abuse
of
children
in
Iowa.
In
8
making
those
recommendations,
the
task
force
shall
do
9
the
following:
10
a.
Gather
information
concerning
child
sexual
abuse
11
throughout
the
state.
12
b.
Receive
reports
and
testimony
from
individuals,
13
state
and
local
agencies,
community-based
14
organizations,
and
other
public
and
private
15
organizations.
16
c.
Create
goals
for
state
policy
that
would
prevent
17
child
sexual
abuse.
18
d.
Submit
a
final
report
with
its
recommendations
19
to
the
governor
and
the
general
assembly
on
or
before
20
January
16,
2012.
The
recommendations
may
include
21
proposals
for
specific
statutory
changes
and
methods
22
to
foster
cooperation
among
state
agencies
and
between
23
the
state,
local
school
districts,
and
other
local
24
governments.
25
Sec.
88.
RAILROAD
COMPANY
——
LIMITED
LIABILITY.
A
26
railroad
company
which
alters
facilities
described
in
27
section
327F.2
pursuant
to
a
written
agreement
executed
28
on
or
before
December
31,
2012,
with
a
political
29
subdivision
with
a
population
of
more
than
67,800,
30
but
less
than
67,900,
according
to
the
2010
certified
31
federal
census,
to
construct
a
flood
mitigation
project
32
shall
receive
the
limitation
on
liability
contained
33
in
section
670.4,
subsection
8,
for
its
facilities
34
described
in
section
327F.2
governed
by
the
written
35
agreement
for
any
damages
caused
by
the
alteration
due
36
to
a
flood.
37
Sec.
89.
STATE
AGENCY
OFFICE
SUPPLIES
PURCHASE,
38
EQUIPMENT
PURCHASES,
PRINTING
AND
BINDING,
AND
39
MARKETING
——
APPLICABILITY.
The
limitation
on
40
expenditures
made
for
office
supplies,
purchases
41
of
equipment,
office
equipment,
and
equipment
42
noninventory,
printing
and
binding,
and
marketing
43
implemented
pursuant
to
2011
Iowa
Acts,
House
File
45,
44
section
2,
does
not
apply
to
a
department
or
agency
45
receiving
a
supplemental
appropriation
for
the
fiscal
46
year
beginning
July
1,
2010,
pursuant
to
2011
Iowa
47
Acts,
Senate
File
209,
division
III.
48
Sec.
90.
ELECTIONS-RELATED
SOFTWARE.
49
Any
computer
software
developed
by
a
county
for
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purposes
of
election
activities
is
the
property
of
1
the
county
unless
the
county
sells
the
rights
to
the
2
software.
3
Sec.
91.
EFFECTIVE
DATE
——
2011
IOWA
ACTS,
SENATE
4
FILE
205.
5
1.
2011
Iowa
Acts,
Senate
File
205,
section
3,
6
amending
section
321.47,
subsection
2,
being
deemed
of
7
immediate
importance,
takes
effect
on
the
effective
8
date
of
this
section
of
this
division
of
this
Act.
9
2.
2011
Iowa
Acts,
Senate
File
205,
section
4,
10
enacting
section
321.113,
subsection
5,
being
deemed
11
of
immediate
importance,
takes
effect
on
the
effective
12
date
of
this
section
of
this
division
of
this
Act.
13
3.
2011
Iowa
Acts,
Senate
File
205,
section
5,
14
amending
section
321.121,
subsection
1,
paragraph
“b”,
15
being
deemed
of
immediate
importance,
takes
effect
on
16
the
effective
date
of
this
section
of
this
division
of
17
this
Act.
18
4.
2011
Iowa
Acts,
Senate
File
205,
section
6,
19
enacting
section
321.122,
subsection
1,
paragraph
“b”,
20
subparagraph
(3),
being
deemed
of
immediate
importance,
21
takes
effect
on
the
effective
date
of
this
section
of
22
this
division
of
this
Act.
23
Sec.
92.
Section
80B.6,
subsection
1,
as
amended
by
24
2011
Iowa
Acts,
Senate
File
236,
section
1,
is
amended
25
to
read
as
follows:
26
1.
An
Iowa
law
enforcement
academy
council
is
27
created
consisting
of
the
following
thirteen
fifteen
28
voting
members
appointed
by
the
governor,
subject
to
29
confirmation
by
the
senate,
to
terms
of
four
years
30
commencing
as
provided
in
section
69.19
:
31
a.
Three
residents
of
the
state.
32
b.
A
sheriff
of
a
county
with
a
population
of
fifty
33
thousand
persons
or
more
who
is
a
member
of
the
Iowa
34
state
sheriffs
and
deputies
association.
35
c.
A
sheriff
of
a
county
with
a
population
of
less
36
than
fifty
thousand
persons
who
is
a
member
of
the
Iowa
37
state
sheriffs
and
deputies
association.
38
d.
A
deputy
sheriff
of
a
county
who
is
a
member
of
39
the
Iowa
state
sheriffs
and
deputies
association.
40
e.
A
member
of
the
Iowa
peace
officers
association.
41
f.
A
member
of
the
Iowa
state
police
association.
42
g.
A
member
of
the
Iowa
police
chiefs
association.
43
h.
A
police
officer
who
is
a
member
of
a
police
44
department
of
a
city
with
a
population
of
fifty
45
thousand
persons
or
more.
46
i.
A
police
officer
who
is
a
member
of
a
police
47
department
of
a
city
with
a
population
of
less
than
48
fifty
thousand
persons.
49
j.
A
member
of
the
department
of
public
safety.
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k.
A
member
of
the
office
of
motor
vehicle
1
enforcement
of
the
department
of
transportation.
2
l.
An
employee
of
a
county
conservation
board
who
3
is
a
certified
peace
officer.
4
m.
A
conservation
peace
officer
employed
under
5
section
456A.13.
6
Sec.
93.
Section
256C.5,
subsection
1,
paragraph
c,
7
Code
2011,
is
amended
to
read
as
follows:
8
c.
“Preschool
budget
enrollment”
means
the
figure
9
that
is
equal
to
sixty
fifty
percent
of
the
actual
10
enrollment
of
eligible
students
in
the
preschool
11
programming
provided
by
a
school
district
approved
12
to
participate
in
the
preschool
program
on
October
1
13
of
the
base
year,
or
the
first
Monday
in
October
if
14
October
1
falls
on
a
Saturday
or
Sunday.
15
Sec.
94.
Section
279.51,
subsection
2,
Code
2011,
16
is
amended
to
read
as
follows:
17
2.
a.
Funds
allocated
under
subsection
1
,
18
paragraph
“b”
,
shall
be
used
by
the
child
development
19
coordinating
council
for
the
following:
20
a.
(1)
To
continue
funding
for
programs
previously
21
funded
by
grants
awarded
under
section
256A.3
and
to
22
provide
additional
grants
under
section
256A.3
.
The
23
council
shall
seek
to
provide
grants
on
the
basis
of
24
the
location
within
the
state
of
children
meeting
25
at-risk
definitions.
26
b.
(2)
At
the
discretion
of
the
child
development
27
coordinating
council,
award
grants
for
the
following:
28
(1)
(a)
To
school
districts
to
establish
programs
29
for
three-year-old,
four-year-old,
and
five-year-old
30
at-risk
children
which
are
a
combination
of
preschool
31
and
full-day
kindergarten.
32
(2)
(b)
To
provide
grants
to
provide
educational
33
support
services
to
parents
of
at-risk
children
age
34
birth
through
three
years.
35
b.
A
grantee
under
this
subsection
may
direct
the
36
use
of
moneys
received
to
serve
any
qualifying
child
37
ranging
in
age
from
three
years
old
to
five
years
old,
38
regardless
of
the
age
of
population
indicated
on
the
39
grant
request
in
its
initial
year
of
application.
A
40
grantee
is
encouraged
to
consider
the
degree
to
which
41
the
program
complements
existing
programs
and
services
42
for
three-year-old,
four-year-old,
and
five-year-old
43
at-risk
children
available
in
the
area,
including
other
44
child
care
and
preschool
services,
services
provided
45
through
a
school
district,
and
services
available
46
through
an
area
education
agency.
47
Sec.
95.
Section
303.19A,
subsection
1,
as
enacted
48
by
2011
Iowa
Acts,
House
File
267,
section
2,
is
49
amended
to
read
as
follows:
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1.
The
state
historic
preservation
officer
shall
1
only
recommend
that
a
rural
electric
cooperative
or
a
2
municipal
utility
constructing
electric
distribution
3
and
transmission
facilities
for
which
it
is
receiving
4
federal
funding
conduct
an
archeological
site
survey
5
of
its
proposed
route
when,
based
upon
a
review
of
6
existing
information
on
historic
properties
within
the
7
area
of
potential
effects
of
the
construction,
the
8
state
historic
preservation
officer
has
determined
9
that
a
historic
property,
as
defined
by
the
federal
10
National
Historic
Preservation
Act
of
1966,
as
amended,
11
is
likely
to
exist
within
the
proposed
route.
12
Sec.
96.
Section
321J.2,
subsection
4,
paragraph
b,
13
Code
2011,
is
amended
to
read
as
follows:
14
b.
Assessment
of
a
minimum
fine
of
one
thousand
15
eight
hundred
fifty
seventy-five
dollars
and
a
maximum
16
fine
of
six
thousand
two
hundred
fifty
dollars.
17
Surcharges
and
fees
shall
be
assessed
pursuant
to
18
chapter
911
.
19
Sec.
97.
Section
422.11S,
subsection
7,
paragraph
20
a,
subparagraph
(2),
Code
2011,
is
amended
to
read
as
21
follows:
22
(2)
“Total
approved
tax
credits”
means
for
the
23
tax
year
beginning
in
the
2006
calendar
year,
two
24
million
five
hundred
thousand
dollars,
for
the
tax
25
year
beginning
in
the
2007
calendar
year,
five
million
26
dollars,
and
for
tax
years
beginning
on
or
after
27
January
1,
2008,
seven
million
five
hundred
thousand
28
dollars.
However,
for
tax
years
beginning
on
or
29
after
January
1,
2012,
and
only
if
legislation
is
30
enacted
by
the
eighty-fourth
general
assembly,
2011
31
session,
amending
section
257.8,
subsections
1
and
2,
32
to
establish
both
the
state
percent
of
growth
and
the
33
categorical
state
percent
of
growth
for
the
budget
34
year
beginning
July
1,
2012,
at
three
percent,
“total
35
approved
tax
credits”
means
ten
million
dollars.
36
Sec.
98.
Section
453A.35,
subsection
1,
Code
2011,
37
is
amended
to
read
as
follows:
38
1.
a.
The
With
the
exception
of
revenues
credited
39
to
the
health
care
trust
fund
pursuant
to
paragraph
40
“b”
,
the
proceeds
derived
from
the
sale
of
stamps
and
41
the
payment
of
taxes,
fees,
and
penalties
provided
for
42
under
this
chapter
,
and
the
permit
fees
received
from
43
all
permits
issued
by
the
department,
shall
be
credited
44
to
the
general
fund
of
the
state.
However,
of
45
b.
Of
the
revenues
generated
from
the
tax
on
46
cigarettes
pursuant
to
section
453A.6,
subsection
47
1
,
and
from
the
tax
on
tobacco
products
as
specified
48
in
section
453A.43,
subsections
1,
2,
3,
and
4
,
and
49
credited
to
the
general
fund
of
the
state
under
this
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subsection
,
there
is
appropriated,
annually,
to
the
1
health
care
trust
fund
created
in
section
453A.35A
,
the
2
first
one
hundred
six
million
sixteen
thousand
four
3
hundred
dollars
shall
be
credited
to
the
health
care
4
trust
fund
created
in
section
453A.35A
.
5
Sec.
99.
Section
453A.35A,
subsection
1,
Code
2011,
6
is
amended
to
read
as
follows:
7
1.
A
health
care
trust
fund
is
created
in
the
8
office
of
the
treasurer
of
state.
The
fund
consists
9
of
the
revenues
generated
from
the
tax
on
cigarettes
10
pursuant
to
section
453A.6,
subsection
1
,
and
from
11
the
tax
on
tobacco
products
as
specified
in
section
12
453A.43
,
subsections
1,
2,
3,
and
4
,
that
are
credited
13
to
the
general
fund
of
the
state
and
appropriated
to
14
the
health
care
trust
fund,
annually,
pursuant
to
15
section
453A.35
.
Moneys
in
the
fund
shall
be
separate
16
from
the
general
fund
of
the
state
and
shall
not
be
17
considered
part
of
the
general
fund
of
the
state.
18
However,
the
fund
shall
be
considered
a
special
account
19
for
the
purposes
of
section
8.53
relating
to
generally
20
accepted
accounting
principles.
Moneys
in
the
fund
21
shall
be
used
only
as
specified
in
this
section
and
22
shall
be
appropriated
only
for
the
uses
specified.
23
Moneys
in
the
fund
are
not
subject
to
section
8.33
24
and
shall
not
be
transferred,
used,
obligated,
25
appropriated,
or
otherwise
encumbered,
except
as
26
provided
in
this
section
.
Notwithstanding
section
27
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
28
deposited
in
the
fund
shall
be
credited
to
the
fund.
29
Sec.
100.
Section
466B.31,
subsection
2,
paragraph
30
a,
Code
2011,
is
amended
by
adding
the
following
new
31
subparagraphs:
32
NEW
SUBPARAGRAPH
.
(17)
One
member
selected
by
the
33
agribusiness
association
of
Iowa.
34
NEW
SUBPARAGRAPH
.
(18)
One
member
selected
by
the
35
Iowa
floodplain
and
stormwater
management
association.
36
NEW
SUBPARAGRAPH
.
(19)
One
member
selected
by
Iowa
37
rivers
revival.
38
Sec.
101.
Section
523I.102,
subsection
6,
paragraph
39
c,
Code
2011,
is
amended
to
read
as
follows:
40
c.
A
pioneer
cemetery.
However,
a
pioneer
41
cemetery
is
a
cemetery
for
purposes
of
sections
42
523I.316,
523I.317,
523I.401,
and
523I.402.
43
Sec.
102.
Section
537A.5,
subsection
1,
as
enacted
44
by
2011
Iowa
Acts,
Senate
File
396,
section
1,
is
45
amended
to
read
as
follows:
46
1.
As
used
in
this
section
,
“construction
contract”
47
means
an
agreement
relating
to
the
construction,
48
alteration,
improvement,
development,
demolition,
49
excavation,
rehabilitation,
maintenance,
or
repair
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of
buildings,
highways,
roads,
streets,
bridges,
1
tunnels,
transportation
facilities,
airports,
water
or
2
sewage
treatment
plants,
power
plants,
or
any
other
3
improvements
to
real
property
in
this
state,
including
4
shafts,
wells,
and
structures,
whether
on
ground,
above
5
ground,
or
underground,
and
includes
agreements
for
6
architectural
services,
design
services,
engineering
7
services,
construction
services,
construction
8
management
services,
development
services,
maintenance
9
services,
material
purchases,
equipment
rental,
and
10
labor.
“Construction
contract”
includes
all
public,
11
private,
foreign,
or
domestic
agreements
as
described
12
in
this
subsection
other
than
such
public
agreements
13
relating
to
highways,
roads,
and
streets.
14
Sec.
103.
Section
654.4B,
subsection
2,
paragraph
15
b,
Code
2011,
is
amended
to
read
as
follows:
16
b.
This
subsection
is
repealed
July
1,
2011
2012
.
17
Sec.
104.
APPLICABILITY.
The
section
of
this
18
division
of
this
Act
amending
section
256C.5,
19
subsection
1,
takes
effect
upon
enactment,
and
applies
20
to
budget
years
beginning
on
or
after
July
1,
2011.
21
Sec.
105.
EFFECTIVE
UPON
ENACTMENT.
The
following
22
provision
or
provisions
of
this
division
of
this
Act,
23
being
deemed
of
immediate
importance,
take
effect
upon
24
enactment:
25
1.
The
section
of
this
division
of
this
Act
26
amending
section
303.19A.
27
2.
The
section
of
this
division
of
this
Act
28
amending
section
654.4B.
29
3.
The
section
of
this
division
of
this
Act
30
appropriating
moneys
to
the
department
of
cultural
31
affairs
for
purposes
of
a
grant
for
the
battleship
32
Iowa,
BB-61.
33
4.
The
section
of
this
division
of
this
Act
34
creating
a
task
force
on
the
prevention
of
sexual
abuse
35
of
children.
36
5.
The
section
of
this
division
of
this
Act
37
providing
effective
dates
for
certain
provisions
in
38
2011
Iowa
Acts,
Senate
File
205.
39
6.
The
section
in
this
division
of
this
Act
making
40
an
appropriation
to
the
Iowa
finance
authority
for
a
41
group
home
grant.
42
7.
The
section
of
this
division
of
this
Act
43
relating
to
a
school
district
participating
on
a
44
contractual
basis
in
a
special
education
instructional
45
program
operated
by
an
area
education
agency.
46
Sec.
106.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
47
APPLICABILITY.
The
provision
of
this
division
of
this
48
Act
relating
to
a
limitation
on
state
agency
office
49
supplies
purchase,
equipment
purchases,
printing
and
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binding,
and
marketing
as
enacted
by
2011
Iowa
Acts,
1
House
File
45,
being
deemed
of
immediate
importance,
2
takes
effect
upon
enactment
and
applies
retroactively
3
to
March
7,
2011.
4
DIVISION
VIII
5
APPROPRIATION
TRANSFERS
6
REBUILD
IOWA
INFRASTRUCTURE
FUND
7
Sec.
107.
2010
Iowa
Acts,
chapter
1184,
section
26,
8
is
amended
to
read
as
follows:
9
SEC.
26.
There
is
appropriated
from
the
rebuild
10
Iowa
infrastructure
fund
to
the
department
of
economic
11
development
for
deposit
in
the
grow
Iowa
values
fund,
12
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
13
June
30,
2011,
the
following
amount,
notwithstanding
14
section
8.57,
subsection
6
,
paragraph
“c”:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
38,000,000
16
Of
the
moneys
appropriated
in
this
section,
from
17
the
amount
allocated
to
the
department
of
economic
18
development
in
accordance
with
2010
Iowa
Acts,
chapter
19
1184,
section
28,
subsection
1,
$1,200,000
shall
20
be
used
for
the
department’s
Iowans
helping
Iowans
21
business
assistance
program.
Notwithstanding
section
22
8.33,
moneys
designated
pursuant
to
this
unnumbered
23
paragraph
that
remain
unencumbered
or
unobligated
at
24
the
close
of
the
fiscal
year
shall
not
revert
but
shall
25
remain
available
for
expenditure
for
the
purposes
26
designated
until
the
close
of
the
succeeding
fiscal
27
year.
28
CASH
RESERVE
FUND
29
Sec.
108.
2010
Iowa
Acts,
chapter
1193,
section
90,
30
subsection
1,
is
amended
to
read
as
follows:
31
1.
DEPARTMENT
OF
HUMAN
SERVICES
32
For
the
medical
assistance
program:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$187,800,000
34
a.
Of
the
moneys
appropriated
in
this
subsection,
35
the
following
amounts
shall
be
transferred
as
follows:
36
(1)
To
the
Iowa
finance
authority
to
be
used
for
37
the
Iowans
helping
Iowans
housing
assistance
program:
38
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,050,000
39
(2)
To
the
department
of
human
services
to
be
40
used
for
the
unmet
needs
program
administered
by
the
41
department:
42
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,056,603
43
b.
Notwithstanding
section
8.33,
moneys
transferred
44
pursuant
to
paragraph
“a”
that
remain
unencumbered
45
or
unobligated
at
the
close
of
the
fiscal
year
shall
46
not
revert
but
shall
remain
available
for
expenditure
47
for
the
purposes
designated
until
the
close
of
the
48
succeeding
fiscal
year.
49
Sec.
109.
EFFECTIVE
DATE
——
APPLICABILITY.
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1.
This
division
of
this
Act
being
deemed
of
1
immediate
importance
takes
effect
upon
enactment,
and
2
if
approved
by
the
governor
on
or
after
July
1,
2011,
3
are
retroactively
applicable
to
the
date
specified
in
4
subsection
2.
5
2.
The
provisions
of
this
division
of
this
Act
6
providing
for
transfers
are
retroactively
applicable
7
to
August
27,
2010,
and
apply
in
lieu
of
the
transfers
8
made
for
the
same
purposes
by
the
executive
branch,
9
as
reported
by
the
department
of
management
in
the
10
transfer
notice
to
the
governor
and
lieutenant
governor
11
dated
August
27,
2010.
12
DIVISION
IX
13
REORGANIZATION
14
Sec.
110.
NEW
SECTION
.
8.75
Contract
services
——
15
training.
16
1.
Each
department,
as
defined
in
section
17
8.2,
shall
separately
track
the
budget
and
actual
18
expenditures
for
contract
services
and
for
employee
19
training
for
each
appropriation
line
item.
20
2.
The
terms
of
the
contracts
for
contracted
21
services
entered
into
or
revised
during
the
fiscal
year
22
shall
incorporate
quality
assurance
and
cost
control
23
measures.
24
3.
The
employee
training
tracking
information
25
shall
be
further
divided
into
training
categories.
26
Each
department’s
report
on
training
tracking
shall
27
specifically
address
the
use
of
electronically
based
28
training.
29
4.
Each
department
shall
report
to
the
legislative
30
services
agency
on
January
15
and
July
15
of
each
year
31
concerning
the
budget,
expenditure,
quality
assurance,
32
and
cost
control
information
addressed
by
this
section
33
for
the
previous
six
calendar
months.
34
Sec.
111.
NEW
SECTION
.
8A.319
State
government
35
purchasing
efforts
——
department
of
administrative
36
services.
37
In
order
to
facilitate
efficient
and
cost-effective
38
purchasing,
the
department
of
administrative
services
39
shall
do
the
following:
40
1.
Require
state
agencies
to
provide
the
department
41
with
a
report
regarding
planned
purchases
on
an
annual
42
basis
and
to
report
on
an
annual
basis
regarding
43
efforts
to
standardize
products
and
services
within
44
their
own
agencies
and
with
other
state
agencies.
45
2.
Require
state
employees
who
conduct
bids
for
46
services
to
receive
training
on
an
annual
basis
about
47
procurement
rules
and
procedures
and
procurement
best
48
practices.
49
3.
Identify
procurement
compliance
employees
within
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the
department.
1
4.
Review
the
process
and
basis
for
establishing
2
departmental
fees
for
purchasing.
3
5.
Establish
a
work
group
to
collaborate
on
best
4
practices
to
implement
the
best
cost
savings
for
the
5
state
concerning
purchasing.
6
6.
Explore
interstate
and
intergovernmental
7
purchasing
opportunities
and
encourage
the
legislative
8
and
judicial
branches
to
participate
in
consolidated
9
purchasing
and
efficiencies
wherever
possible.
10
7.
Expand
the
use
of
procurement
cards
throughout
11
state
government
to
facilitate
purchasing
of
items
by
12
state
agencies.
13
Sec.
112.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
14
INFORMATION
TECHNOLOGY
——
UTILIZATION
BY
LEGISLATIVE
15
AND
JUDICIAL
BRANCH.
The
department
of
administrative
16
services
shall
consult
with
and
explore
opportunities
17
with
the
legislative
and
judicial
branches
of
18
government
relative
to
the
providing
of
information
19
technology
services
to
those
branches
of
government.
20
Sec.
113.
STATE
AGENCY
ELECTRONIC
RENEWAL
21
NOTICES.
State
agencies,
as
defined
in
section
8A.101,
22
should,
to
the
greatest
extent
possible,
utilize
23
electronic
mail
or
similar
electronic
means
to
notify
24
holders
of
licenses
or
permits
issued
by
that
state
25
agency
that
the
license
or
permit
needs
to
be
renewed.
26
The
chief
information
officer
of
the
state
shall
assist
27
state
agencies
in
implementing
the
directive
in
this
28
section.
29
Sec.
114.
STATE
AGENCY
EFFICIENCY
EFFORTS.
30
1.
LEAN
EFFORTS.
State
agencies
shall
budget
for
31
and
plan
to
conduct
lean
projects
as
described
in
32
section
8.70.
Each
state
agency
shall
coordinate
its
33
activities
with
the
office
of
lean
enterprise
created
34
in
section
8.70
in
developing
plans
to
conduct
lean
35
projects.
36
2.
SHARED
RESOURCES.
State
agencies
are
encouraged
37
to
share
resources
and
services,
including
staff,
38
training,
and
educational
services,
to
the
greatest
39
extent
possible
in
order
to
best
fulfill
the
duties
of
40
each
agency
at
the
least
cost.
41
Sec.
115.
JOINT
APPROPRIATIONS
SUBCOMMITTEES
——
42
REVIEW
OF
AGENCY
FEES.
Each
joint
appropriations
43
subcommittee
of
the
general
assembly
shall
examine
and
44
review
on
an
annual
basis
the
fees
charged
by
state
45
agencies
under
the
purview
of
that
joint
appropriations
46
subcommittee.
47
Sec.
116.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
48
STREAMLINED
HIRING.
The
department
of
administrative
49
services
shall,
in
consultation
with
the
department
of
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management,
examine
the
process
by
which
state
agencies
1
hire
personnel
with
the
goal
of
simplifying
and
2
reducing
the
steps
needed
for
state
agencies
to
hire
3
personnel.
The
department
shall
provide
information
4
to
the
general
assembly
concerning
steps
taken
to
5
implement
a
more
streamlined
hiring
process
and
any
6
recommendations
for
legislative
action.
7
Sec.
117.
TOBACCO
RETAIL
COMPLIANCE
CHECKS.
For
8
the
fiscal
year
beginning
July
1,
2011,
and
ending
June
9
30,
2012,
the
terms
of
a
chapter
28D
agreement,
entered
10
into
between
the
division
of
tobacco
use
prevention
11
and
control
of
the
department
of
public
health
and
12
the
alcoholic
beverages
division
of
the
department
of
13
commerce,
governing
compliance
checks
conducted
to
14
ensure
licensed
retail
tobacco
outlet
conformity
with
15
tobacco
laws,
regulations,
and
ordinances
relating
to
16
persons
under
eighteen
years
of
age,
shall
restrict
the
17
number
of
such
checks
to
one
check
per
retail
outlet,
18
and
one
additional
check
for
any
retail
outlet
found
to
19
be
in
violation
during
the
first
check.
20
Sec.
118.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
21
——
CENTRALIZED
PAYROLL
SYSTEM.
The
department
of
22
administrative
services
shall
examine
the
possibility
23
of
merging
all
state
payroll
systems
into
the
24
centralized
payroll
system
operated
by
the
department.
25
The
department
shall
consult
with
those
entities
26
of
state
government
not
utilizing
the
centralized
27
payroll
system,
including
but
not
limited
to
the
state
28
department
of
transportation,
about
strategies
for
29
encouraging
utilization
of
the
state’s
centralized
30
payroll
system
and
by
identifying
those
barriers
31
preventing
merging
of
the
payroll
systems.
The
32
department
shall
provide
information
to
the
joint
33
appropriations
subcommittee
on
administration
and
34
regulation
concerning
efforts
by
the
department
to
35
merge
payroll
systems
and
any
recommendations
for
36
legislative
action
to
encourage,
or
eliminate
barriers
37
to,
the
provision
of
payroll
services
by
the
department
38
to
other
state
agencies.
39
DIVISION
X
40
MEDICATION
THERAPY
MANAGEMENT
41
Sec.
119.
2010
Iowa
Acts,
chapter
1193,
section
42
166,
subsections
2
and
3,
are
amended
to
read
as
43
follows:
44
2.
a.
Prior
to
July
1,
2010,
the
department
of
45
administrative
services
shall
utilize
a
request
for
46
proposals
process
to
contract
for
the
provision
of
47
medication
therapy
management
services
beginning
48
July
1,
2010,
and
prior
to
July
1,
2011,
shall
amend
49
the
contract
to
continue
the
provision
of
medication
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therapy
management
services
beginning
July
1,
2011,
1
for
eligible
employees
who
meet
any
of
the
following
2
criteria:
3
(1)
An
individual
who
takes
four
or
more
4
prescription
drugs
to
treat
or
prevent
two
or
more
5
chronic
medical
conditions.
6
(2)
An
individual
with
a
prescription
drug
therapy
7
problem
who
is
identified
by
the
prescribing
physician
8
or
other
appropriate
prescriber,
and
referred
to
a
9
pharmacist
for
medication
therapy
management
services.
10
(3)
An
individual
who
meets
other
criteria
11
established
by
the
third-party
payment
provider
12
contract,
policy,
or
plan.
13
b.
The
department
of
administrative
services
shall
14
utilize
an
advisory
committee
comprised
of
an
equal
15
number
of
physicians
and
pharmacists
to
provide
advice
16
and
oversight
regarding
the
request
for
proposals
and
17
evaluation
processes.
The
department
shall
appoint
the
18
members
of
the
advisory
council
based
upon
designees
19
of
the
Iowa
pharmacy
association,
the
Iowa
medical
20
society,
and
the
Iowa
osteopathic
medical
association.
21
c.
b.
The
contract
shall
require
the
company
22
to
provide
annual
reports
to
the
general
assembly
23
detailing
the
costs,
savings,
estimated
cost
avoidance
24
and
return
on
investment,
and
patient
outcomes
25
related
to
the
medication
therapy
management
services
26
provided.
The
company
shall
guarantee
demonstrated
27
annual
savings,
including
any
savings
associated
with
28
cost
avoidance
at
least
equal
to
the
program’s
costs
29
with
any
shortfall
amount
refunded
to
the
state.
As
30
a
proof
of
concept
in
the
program
for
the
period
31
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
32
company
shall
offer
a
dollar-for-dollar
guarantee
for
33
drug
product
costs
savings
alone.
Prior
to
entering
34
into
a
contract
with
a
company,
the
department
and
35
the
company
shall
agree
on
the
terms,
conditions,
36
and
applicable
measurement
standards
associated
37
with
the
demonstration
of
savings.
The
department
38
shall
verify
the
demonstrated
savings
reported
by
39
the
company
was
performed
in
accordance
with
the
40
agreed
upon
measurement
standards.
The
company
shall
41
be
prohibited
from
using
the
company’s
employees
to
42
provide
the
medication
therapy
management
services
and
43
shall
instead
be
required
to
contract
with
licensed
44
pharmacies,
pharmacists,
or
physicians.
45
d.
The
fees
for
pharmacist-delivered
medication
46
therapy
management
services
shall
be
separate
from
47
the
reimbursement
for
prescription
drug
product
or
48
dispensing
services;
shall
be
determined
by
each
49
third-party
payment
provider
contract,
policy,
or
plan;
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and
must
be
reasonable
based
on
the
resources
and
time
1
required
to
provide
the
service.
2
e.
A
fee
shall
be
established
for
physician
3
reimbursement
for
services
delivered
for
medication
4
therapy
management
as
determined
by
each
third-party
5
payment
provider
contract,
policy,
or
plan,
and
must
be
6
reasonable
based
on
the
resources
and
time
required
to
7
provide
the
service.
8
f.
If
any
part
of
the
medication
therapy
management
9
plan
developed
by
a
pharmacist
incorporates
services
10
which
are
outside
the
pharmacist’s
independent
scope
11
of
practice
including
the
initiation
of
therapy,
12
modification
of
dosages,
therapeutic
interchange,
or
13
changes
in
drug
therapy,
the
express
authorization
14
of
the
individual’s
physician
or
other
appropriate
15
prescriber
is
required.
16
g.
For
the
contract
period
beginning
July
1,
2011,
17
the
department
shall
utilize
the
services
of
the
18
college
of
pharmacy
at
a
state
university
to
validate
19
reported
drug
cost
savings.
20
h.
The
results
of
the
pilot
program
for
the
period
21
beginning
July
1,
2010,
and
ending
December
31,
2011,
22
shall
be
submitted
to
the
general
assembly
no
later
23
than
March
1,
2012.
24
3.
This
section
is
repealed
December
31,
2011
2012
.
25
Sec.
120.
TRANSFER
——
MEDICATION
THERAPY
MANAGEMENT
26
PROGRAM.
There
is
transferred
$510,000
from
the
27
fees
collected
by
the
board
of
pharmacy
pursuant
to
28
chapter
155A
and
retained
by
the
board
pursuant
to
the
29
authority
granted
in
section
147.82
to
the
department
30
of
administrative
services
for
the
fiscal
year
31
beginning
July
1,
2011,
and
ending
June
30,
2012,
to
be
32
used
to
be
used
for
the
medication
therapy
management
33
program.
34
Sec.
121.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
35
APPLICABILITY.
This
division
of
this
Act,
being
deemed
36
of
immediate
importance,
takes
effect
upon
enactment,
37
and
is
retroactively
applicable
to
June
15,
2011.
38
DIVISION
XI
39
EARNED
INCOME
TAX
CREDIT
40
Sec.
122.
Section
422.12B,
subsection
1,
Code
2011,
41
is
amended
to
read
as
follows:
42
1.
The
taxes
imposed
under
this
division
less
the
43
credits
allowed
under
section
422.12
shall
be
reduced
44
by
an
earned
income
credit
equal
to
seven
ten
percent
45
of
the
federal
earned
income
credit
provided
in
section
46
32
of
the
Internal
Revenue
Code.
Any
credit
in
excess
47
of
the
tax
liability
is
refundable.
48
Sec.
123.
RETROACTIVE
APPLICABILITY.
This
division
49
of
this
Act
applies
retroactively
to
January
1,
2011,
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for
tax
years
beginning
on
or
after
that
date.
1
DIVISION
XII
2
REGULAR
PROGRAM
AND
CATEGORICAL
STATE
PERCENT
3
OF
GROWTH
FOR
EDUCATION
——
FY
2012-2013
4
Sec.
124.
Section
257.8,
subsection
1,
Code
2011,
5
is
amended
to
read
as
follows:
6
1.
State
percent
of
growth.
The
state
percent
of
7
growth
for
the
budget
year
beginning
July
1,
2009,
is
8
four
percent.
The
state
percent
of
growth
for
the
9
budget
year
beginning
July
1,
2010,
is
two
percent.
10
The
state
percent
of
growth
for
the
budget
year
11
beginning
July
1,
2012,
is
three
percent.
The
state
12
percent
of
growth
for
each
subsequent
budget
year
shall
13
be
established
by
statute
which
shall
be
enacted
within
14
thirty
days
of
the
submission
in
the
year
preceding
the
15
base
year
of
the
governor’s
budget
under
section
8.21
.
16
The
establishment
of
the
state
percent
of
growth
for
17
a
budget
year
shall
be
the
only
subject
matter
of
the
18
bill
which
enacts
the
state
percent
of
growth
for
a
19
budget
year.
20
Sec.
125.
Section
257.8,
subsection
2,
Code
2011,
21
is
amended
to
read
as
follows:
22
2.
Categorical
state
percent
of
growth.
The
23
categorical
state
percent
of
growth
for
the
budget
24
year
beginning
July
1,
2010,
is
two
percent.
The
25
categorical
state
percent
of
growth
for
the
budget
26
year
beginning
July
1,
2012,
is
three
percent.
The
27
categorical
state
percent
of
growth
for
each
budget
28
year
shall
be
established
by
statute
which
shall
29
be
enacted
within
thirty
days
of
the
submission
in
30
the
year
preceding
the
base
year
of
the
governor’s
31
budget
under
section
8.21
.
The
establishment
of
the
32
categorical
state
percent
of
growth
for
a
budget
year
33
shall
be
the
only
subject
matter
of
the
bill
which
34
enacts
the
categorical
state
percent
of
growth
for
a
35
budget
year.
The
categorical
state
percent
of
growth
36
may
include
state
percents
of
growth
for
the
teacher
37
salary
supplement,
the
professional
development
38
supplement,
and
the
early
intervention
supplement.
39
Sec.
126.
CODE
SECTION
257.8
——
APPLICABILITY.
The
40
requirements
of
section
257.8
regarding
the
time
period
41
of
enactment
and
the
subject
matter
of
the
legislation
42
establishing
the
state
percent
of
growth
and
the
43
categorical
state
percent
of
growth
for
a
budget
year
44
are
not
applicable
to
the
division.
The
requirements
45
of
section
257.8
regarding
enactment
of
the
regular
46
program
state
percent
of
growth
and
categorical
state
47
percent
of
growth
within
thirty
days
of
the
submission
48
in
the
year
preceding
the
base
year
of
the
governor’s
49
budget
and
the
requirements
that
the
subject
matter
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of
each
bill
establishing
the
state
percent
of
growth
1
or
the
categorical
state
percent
of
growth
be
the
2
only
subject
matter
of
the
bill
do
not
apply
to
this
3
division
of
this
Act.
4
Sec.
127.
APPLICABILITY.
This
division
of
this
Act
5
is
applicable
for
computing
state
aid
under
the
state
6
school
foundation
program
for
the
school
budget
year
7
beginning
July
1,
2012.
8
DIVISION
XIII
9
WITHHOLDING
AGREEMENTS
10
Sec.
128.
Section
403.19A,
subsection
1,
paragraphs
11
c
and
f,
Code
2011,
are
amended
to
read
as
follows:
12
c.
“Employer”
means
a
business
creating
or
13
retaining
targeted
jobs
in
an
urban
renewal
area
of
a
14
pilot
project
city
pursuant
to
a
withholding
agreement.
15
f.
“Targeted
job”
means
a
job
in
a
business
which
16
is
or
will
be
located
in
an
urban
renewal
area
of
a
17
pilot
project
city
that
pays
a
wage
at
least
equal
to
18
the
countywide
average
wage.
“Targeted
job”
includes
19
new
or
retained
jobs
from
Iowa
business
expansions
20
or
retentions
within
the
city
limits
of
the
pilot
21
project
city
and
those
jobs
resulting
from
established
22
out-of-state
businesses,
as
defined
by
the
department
23
of
economic
development,
moving
to
or
expanding
in
24
Iowa.
25
Sec.
129.
Section
403.19A,
subsection
3,
paragraph
26
c,
subparagraph
(1),
Code
2011,
is
amended
to
read
as
27
follows:
28
(1)
The
pilot
project
city
shall
enter
into
a
29
withholding
agreement
with
each
employer
concerning
30
the
targeted
jobs
withholding
credit.
The
withholding
31
agreement
shall
provide
for
the
total
amount
of
32
withholding
tax
credits
awarded.
An
agreement
shall
33
not
provide
for
an
amount
of
withholding
credits
that
34
exceeds
the
amount
of
the
qualifying
investment
made
in
35
the
project.
An
agreement
shall
not
be
entered
into
by
36
a
pilot
project
city
with
a
business
currently
located
37
in
this
state
unless
the
business
either
creates
or
38
retains
ten
new
jobs
or
makes
a
qualifying
investment
39
of
at
least
five
hundred
thousand
dollars
within
40
the
urban
renewal
area.
The
withholding
agreement
41
may
have
a
term
of
up
to
ten
years.
An
employer
42
shall
not
be
obligated
to
enter
into
a
withholding
43
agreement.
An
agreement
shall
not
be
entered
into
with
44
an
employer
not
already
located
in
a
pilot
project
45
city
when
another
Iowa
community
is
competing
for
the
46
same
project
and
both
the
pilot
project
city
and
the
47
other
Iowa
community
are
seeking
assistance
from
the
48
department.
49
Sec.
130.
Section
403.19A,
subsection
3,
paragraph
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f,
Code
2011,
is
amended
to
read
as
follows:
1
f.
If
the
employer
ceases
to
meet
the
requirements
2
of
the
withholding
agreement,
the
agreement
shall
be
3
terminated
and
any
withholding
tax
credits
for
the
4
benefit
of
the
employer
shall
cease.
However,
in
5
regard
to
the
number
of
new
jobs
that
are
to
be
created
6
or
retained
,
if
the
employer
has
met
the
number
of
7
new
jobs
to
be
created
or
retained
pursuant
to
the
8
withholding
agreement
and
subsequently
the
number
of
9
new
jobs
falls
below
the
required
level,
the
employer
10
shall
not
be
considered
as
not
meeting
the
new
job
11
requirement
until
eighteen
months
after
the
date
of
the
12
decrease
in
the
number
of
new
jobs
created
or
retained
.
13
Sec.
131.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
14
APPLICABILITY.
This
division
of
this
Act,
being
15
deemed
of
immediate
importance,
takes
effect
upon
16
enactment
and
applies
retroactively
to
July
1,
2006,
17
for
agreements
entered
into
on
or
after
that
date.
18
DIVISION
XIV
19
SCHOOL
EMPLOYEE
MISCONDUCT
20
Sec.
132.
Section
272.2,
subsection
1,
paragraph
21
b,
Code
2011,
is
amended
by
striking
the
paragraph
and
22
inserting
in
lieu
thereof
the
following:
23
b.
Provide
annually
to
any
person
who
holds
a
24
license,
certificate,
authorization,
or
statement
of
25
recognition
issued
by
the
board,
training
relating
26
to
the
knowledge
and
understanding
of
the
board’s
27
code
of
professional
conduct
and
ethics.
The
board
28
shall
develop
a
curriculum
that
addresses
the
code
of
29
professional
conduct
and
ethics
and
shall
annually
30
provide
regional
training
opportunities
throughout
the
31
state.
32
Sec.
133.
Section
272.15,
subsection
1,
Code
2011,
33
is
amended
to
read
as
follows:
34
1.
a.
The
board
of
directors
of
a
school
district
35
or
area
education
agency,
the
superintendent
of
a
36
school
district
or
the
chief
administrator
of
an
37
area
education
agency,
and
the
authorities
in
charge
38
of
a
nonpublic
school
shall
report
to
the
board
the
39
nonrenewal
or
termination,
for
reasons
of
alleged
or
40
actual
misconduct,
of
a
person’s
contract
executed
41
under
sections
279.12
,
279.13
,
279.15
through
279.21
,
42
279.23
,
and
279.24
,
and
the
resignation
of
a
person
43
who
holds
a
license,
certificate,
or
authorization
44
issued
by
the
board
as
a
result
of
or
following
an
45
incident
or
allegation
of
misconduct
that,
if
proven,
46
would
constitute
a
violation
of
the
rules
adopted
by
47
the
board
to
implement
section
272.2,
subsection
14
,
48
paragraph
“b”
,
subparagraph
(1),
when
the
board
or
49
reporting
official
has
a
good
faith
belief
that
the
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incident
occurred
or
the
allegation
is
true.
The
1
board
may
deny
a
license
or
revoke
the
license
of
an
2
administrator
if
the
board
finds
by
a
preponderance
3
of
the
evidence
that
the
administrator
failed
to
4
report
the
termination
or
resignation
of
a
school
5
employee
holding
a
license,
certificate,
statement
of
6
professional
recognition,
or
coaching
authorization,
7
for
reasons
of
alleged
or
actual
misconduct,
as
defined
8
by
this
section.
9
b.
Information
reported
to
the
board
in
accordance
10
with
this
section
is
privileged
and
confidential,
and
11
except
as
provided
in
section
272.13
,
is
not
subject
to
12
discovery,
subpoena,
or
other
means
of
legal
compulsion
13
for
its
release
to
a
person
other
than
the
respondent
14
and
the
board
and
its
employees
and
agents
involved
in
15
licensee
discipline,
and
is
not
admissible
in
evidence
16
in
a
judicial
or
administrative
proceeding
other
17
than
the
proceeding
involving
licensee
discipline.
18
The
board
shall
review
the
information
reported
to
19
determine
whether
a
complaint
should
be
initiated.
In
20
making
that
determination,
the
board
shall
consider
the
21
factors
enumerated
in
section
272.2,
subsection
14
,
22
paragraph
“a”
.
23
c.
For
purposes
of
this
section
,
unless
the
context
24
otherwise
requires,
“misconduct”
means
an
action
25
disqualifying
an
applicant
for
a
license
or
causing
26
the
license
of
a
person
to
be
revoked
or
suspended
27
in
accordance
with
the
rules
adopted
by
the
board
to
28
implement
section
272.2,
subsection
14
,
paragraph
“b”
,
29
subparagraph
(1).
30
Sec.
134.
Section
280.17,
Code
2011,
is
amended
to
31
read
as
follows:
32
280.17
Procedures
for
handling
child
abuse
reports.
33
1.
The
board
of
directors
of
a
public
school
34
district
and
the
authorities
in
control
charge
of
35
a
nonpublic
school
shall
prescribe
procedures,
in
36
accordance
with
the
guidelines
contained
in
the
model
37
policy
developed
by
the
department
of
education
in
38
consultation
with
the
department
of
human
services,
39
and
adopted
by
the
department
of
education
pursuant
40
to
chapter
17A
,
for
the
handling
of
reports
of
child
41
abuse,
as
defined
in
section
232.68,
subsection
2
,
42
paragraph
“a”
,
“c”
,
or
“e”
,
alleged
to
have
been
43
committed
by
an
employee
or
agent
of
the
public
or
44
nonpublic
school.
45
2.
a.
The
board
of
directors
of
a
school
district
46
and
the
authorities
in
charge
of
an
accredited
47
nonpublic
school
shall
place
on
administrative
leave
a
48
school
employee
who
is
the
subject
of
an
investigation
49
of
an
alleged
incident
of
abuse
of
a
student
conducted
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in
accordance
with
281
IAC
102.
1
b.
If
the
results
of
an
investigation
of
abuse
of
2
a
student
by
a
school
employee
who
holds
a
license,
3
certificate,
authorization,
or
statement
of
recognition
4
issued
by
the
board
of
educational
examiners
finds
5
that
the
school
employee’s
conduct
constitutes
a
crime
6
under
any
other
statute,
the
board
or
the
authorities,
7
as
appropriate,
shall
report
the
results
of
the
8
investigation
to
the
board
of
educational
examiners.
9
Sec.
135.
Section
280.27,
Code
2011,
is
amended
to
10
read
as
follows:
11
280.27
Reporting
violence
——
immunity.
12
An
employee
of
a
school
district,
an
accredited
13
nonpublic
school,
or
an
area
education
agency
who
14
participates
in
good
faith
and
acts
reasonably
in
15
the
making
of
a
report
to,
or
investigation
by,
an
16
appropriate
person
or
agency
regarding
violence,
17
threats
of
violence,
physical
or
sexual
abuse
of
a
18
student,
or
other
inappropriate
activity
against
a
19
school
employee
or
student
in
a
school
building,
on
20
school
grounds,
or
at
a
school-sponsored
function
shall
21
be
immune
from
civil
or
criminal
liability
relating
22
to
such
action,
as
well
as
for
participating
in
any
23
administrative
or
judicial
proceeding
resulting
from
or
24
relating
to
the
report
or
investigation.
25
DIVISION
XV
26
STATE
FAIR
AUTHORITY
27
Sec.
136.
Section
173.1,
subsection
4,
Code
2011,
28
is
amended
to
read
as
follows:
29
4.
A
treasurer
to
be
elected
by
the
board
who
shall
30
serve
as
a
nonvoting
member
from
the
elected
directors
.
31
Sec.
137.
REPEAL.
Section
173.12,
Code
2011,
is
32
repealed.
33
DIVISION
XVI
34
CONTROLLED
SUBSTANCES
35
Sec.
138.
CONTROLLED
SUBSTANCE
COLLECTION
AND
36
DISPOSAL
PROGRAM.
A
person
in
possession
of
or
a
37
retailer
selling
a
controlled
substance
designated
38
in
section
124.204,
subsection
4,
paragraph
“ai”,
39
subparagraphs
(1)
through
(4),
if
enacted,
shall
40
be
required
to
transfer
such
controlled
substance
41
to
the
department
of
public
safety
for
destruction.
42
The
department
of
public
safety
shall
establish
a
43
controlled
substance
collection
and
disposal
program
44
for
a
controlled
substance
designated
in
section
45
124.204,
subsection
4,
paragraph
“ai”,
subparagraphs
46
(1)
through
(4).
The
department
of
public
safety
47
may
partner
with
a
third
party,
including
a
local
48
enforcement
agency,
to
implement
and
administer
the
49
program.
The
program
shall
be
dissolved
thirty
days
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after
the
enactment
date
of
section
124.204,
subsection
1
4,
paragraph
“ai”,
subparagraphs
(1)
through
(4).
2
Sec.
139.
APPLICABILITY
——
CRIMINAL
3
PENALTIES.
Criminal
penalties
do
not
apply
to
4
violations
associated
with
the
substances
designated
5
controlled
substances
in
section
124.204,
subsection
6
4,
paragraph
“ai”,
subparagraphs
(1)
through
(4),
if
7
enacted,
until
thirty
days
after
the
enactment
date
8
of
section
124.204,
subsection
4,
paragraph
“ai”,
9
subparagraphs
(1)
through
(4).
10
Sec.
140.
2011
Iowa
Acts,
Senate
File
510,
section
11
28,
if
enacted,
is
amended
to
read
as
follows:
12
SEC.
28.
EFFECTIVE
DATE.
The
following
provision
13
of
this
division
of
this
Act
takes
effect
thirty
days
14
after
enactment
,
notwithstanding
section
3.7
of
this
15
Act
or
thirty
days
after
the
enactment
of
2011
Iowa
16
Acts,
Senate
File
538,
if
enacted,
whichever
is
later
:
17
The
section
of
this
division
of
this
Act
amending
18
enacting
section
124.204,
subsection
4,
paragraph
“ai”,
19
subparagraphs
(1)
through
(4).
20
Sec.
141.
2011
Iowa
Acts,
Senate
File
510,
section
21
29,
if
enacted,
is
amended
to
read
as
follows:
22
SEC.
29.
EFFECTIVE
UPON
ENACTMENT.
The
following
23
provision
of
this
division
of
this
Act,
being
deemed
24
of
immediate
importance,
and
notwithstanding
section
25
3.7
takes
effect
upon
enactment
of
this
Act
or
upon
26
enactment
of
2011
Iowa
Acts,
Senate
File
538,
if
27
enacted,
whichever
is
later
:
28
The
section
of
this
Act
amending
enacting
section
29
124.204,
subsection
4,
paragraph
“ai”,
subparagraph
30
(5).
31
Sec.
142.
EFFECTIVE
UPON
ENACTMENT.
This
division
32
of
this
Act,
being
deemed
of
immediate
importance,
33
takes
effect
upon
enactment
of
this
Act
or
upon
the
34
enactment
of
2011
Iowa
Acts,
Senate
File
510,
if
35
enacted,
whichever
is
later.
36
DIVISION
XVII
37
RADIOS
38
Sec.
143.
2011
Iowa
Acts,
Senate
File
509,
section
39
22,
subsections
2
and
3,
if
enacted,
are
amended
to
40
read
as
follows:
41
2.
Of
the
amount
appropriated
in
subsection
1,
42
the
department
of
natural
resources
may
enter
into
43
a
public-private
partnership,
through
a
competitive
44
bidding
process,
for
the
provision
of
the
statewide
45
network
and
the
purchase
of
compatible
equipment.
The
46
mobile
radios
purchased
by
the
department
pursuant
47
to
subsection
1
shall
be
compatible
with
a
statewide
48
public
safety
radio
network
created
pursuant
to
49
legislation
enacted
by
the
2011
session
of
the
general
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assembly.
The
department
shall
purchase
the
mobile
1
radios
after
conducting
a
competitive
bidding
process.
2
3.
On
or
before
January
13,
2012,
the
department
of
3
natural
resources
in
cooperation
with
the
department
of
4
public
safety
shall
provide
a
report
to
the
legislative
5
services
agency
and
the
department
of
management.
6
The
report
shall
detail
the
status
of
the
moneys
7
appropriated
in
subsection
1
and
shall
include
the
8
estimated
needs
of
the
department
of
natural
resources
9
to
achieve
interoperability
and
to
meet
the
federal
10
narrowbanding
mandate,
and
any
changes
in
estimated
11
costs
to
meet
those
needs
,
and
the
status
of
requests
12
for
proposals
to
develop
a
public-private
partnership
.
13
Sec.
144.
EFFECTIVE
UPON
ENACTMENT.
This
division
14
of
this
Act,
being
deemed
of
immediate
importance,
15
takes
effect
upon
enactment
and,
if
approved
by
16
the
governor
on
or
after
July
1,
2011,
shall
apply
17
retroactively
to
June
30,
2011.
18
DIVISION
XVIII
19
BUSINESS
PROPERTY
TAX
CREDITS
20
Sec.
145.
Section
331.512,
Code
2011,
is
amended
by
21
adding
the
following
new
subsection:
22
NEW
SUBSECTION
.
13A.
Carry
out
duties
relating
to
23
the
business
property
tax
credit
as
provided
in
chapter
24
426C.
25
Sec.
146.
Section
331.559,
Code
2011,
is
amended
by
26
adding
the
following
new
subsection:
27
NEW
SUBSECTION
.
14A.
Carry
out
duties
relating
to
28
the
business
property
tax
credit
as
provided
in
chapter
29
426C.
30
Sec.
147.
NEW
SECTION
.
426C.1
Definitions.
31
1.
For
the
purposes
of
this
chapter,
unless
the
32
context
otherwise
requires:
33
a.
“Contiguous
parcels”
means
any
of
the
following:
34
(1)
Parcels
that
share
one
or
more
common
35
boundaries.
36
(2)
Parcels
within
the
same
building
or
structure
37
regardless
of
whether
the
parcels
share
one
or
more
38
common
boundaries.
39
(3)
Improvements
to
the
land
that
are
situated
on
40
one
or
more
parcels
of
land
that
are
assessed
and
taxed
41
separately
from
the
improvements
if
the
parcels
of
land
42
upon
which
the
improvements
are
situated
share
one
or
43
more
common
boundaries.
44
b.
“Department”
means
the
department
of
revenue.
45
c.
“Fund”
means
the
business
property
tax
credit
46
fund
created
in
section
426C.2.
47
d.
“Parcel”
means
as
defined
in
section
445.1.
48
e.
“Property
unit”
means
contiguous
parcels
all
of
49
which
are
located
within
the
same
county,
with
the
same
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property
tax
classification,
each
of
which
contains
1
permanent
improvements,
are
owned
by
the
same
person,
2
and
are
operated
by
that
person
for
a
common
use
and
3
purpose.
4
2.
For
purposes
of
this
chapter,
two
or
more
5
parcels
are
considered
to
be
owned
by
the
same
person
6
if
the
owners
of
the
parcels
are
business
entities
that
7
share
common
ownership
of
each
entity
in
an
amount
8
equal
to
or
in
excess
of
fifty
percent.
9
Sec.
148.
NEW
SECTION
.
426C.2
Business
property
10
tax
credit
fund
——
appropriation.
11
1.
A
business
property
tax
credit
fund
is
created
12
in
the
state
treasury
under
the
authority
of
the
13
department.
For
the
fiscal
year
beginning
July
1,
14
2012,
there
is
appropriated
from
the
general
fund
of
15
the
state
to
the
department
to
be
credited
to
the
16
fund,
the
sum
of
fifty
million
dollars
to
be
used
17
for
business
property
tax
credits
authorized
in
this
18
chapter.
For
the
fiscal
year
beginning
July
1,
2013,
19
and
each
fiscal
year
thereafter,
there
is
appropriated
20
from
the
general
fund
of
the
state
to
the
department
21
to
be
credited
to
the
fund
an
amount
equal
to
the
22
total
amount
appropriated
by
the
general
assembly
to
23
the
fund
in
the
previous
fiscal
year.
In
addition,
24
the
sum
of
fifty
million
dollars
shall
be
added
to
the
25
appropriation
in
each
fiscal
year
beginning
on
or
after
26
July
1,
2013,
if
the
revenue
estimating
conference
27
certifies
during
its
final
meeting
of
the
calendar
year
28
ending
prior
to
the
beginning
of
the
fiscal
year
that
29
the
total
amount
of
general
fund
revenues
collected
30
during
the
fiscal
year
ending
during
such
calendar
year
31
was
at
least
one
hundred
four
percent
of
the
total
32
amount
of
general
fund
revenues
collected
during
the
33
previous
fiscal
year.
However,
the
total
appropriation
34
to
the
fund
shall
not
exceed
two
hundred
million
35
dollars
for
any
one
fiscal
year.
36
2.
Notwithstanding
section
12C.7,
subsection
2,
37
interest
or
earnings
on
moneys
deposited
in
the
fund
38
shall
be
credited
to
the
fund.
Moneys
in
the
fund
are
39
not
subject
to
the
provisions
of
section
8.33
and
shall
40
not
be
transferred,
used,
obligated,
appropriated,
41
or
otherwise
encumbered
except
as
provided
in
this
42
chapter.
43
Sec.
149.
NEW
SECTION
.
426C.3
Claims
for
credit.
44
1.
Each
person
who
wishes
to
claim
the
credit
45
allowed
under
this
chapter
shall
obtain
the
appropriate
46
forms
from
the
assessor
and
file
the
claim
with
the
47
assessor.
The
director
of
revenue
shall
prescribe
48
suitable
forms
and
instructions
for
such
claims,
and
49
make
such
forms
and
instructions
available
to
the
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assessors.
1
2.
a.
Claims
for
the
business
property
tax
credit
2
shall
be
filed
not
later
than
March
15
preceding
the
3
fiscal
year
during
which
the
taxes
for
which
the
credit
4
is
claimed
are
due
and
payable.
5
b.
A
claim
filed
after
the
deadline
for
filing
6
claims
shall
be
considered
as
a
claim
for
the
following
7
year.
8
3.
Upon
the
filing
of
a
claim
and
allowance
of
the
9
credit,
the
credit
shall
be
allowed
on
the
parcel
or
10
property
unit
for
successive
years
without
further
11
filing
as
long
as
the
parcel
or
property
unit
satisfies
12
the
requirements
for
the
credit.
If
the
parcel
or
13
property
unit
owner
ceases
to
qualify
for
the
credit
14
under
this
chapter,
the
owner
shall
provide
written
15
notice
to
the
assessor
by
the
date
for
filing
claims
16
specified
in
subsection
2
following
the
date
on
which
17
the
parcel
or
property
unit
ceases
to
qualify
for
the
18
credit.
19
4.
When
all
or
a
portion
of
a
parcel
or
property
20
unit
that
is
allowed
a
credit
under
this
chapter
is
21
sold,
transferred,
or
ownership
otherwise
changes,
the
22
buyer,
transferee,
or
new
owner
who
wishes
to
receive
23
the
credit
shall
refile
the
claim
for
credit.
When
a
24
portion
of
a
parcel
or
property
unit
that
is
allowed
25
a
credit
under
this
chapter
is
sold,
transferred,
or
26
ownership
otherwise
changes,
the
owner
of
the
portion
27
of
the
parcel
or
property
unit
for
which
ownership
did
28
not
change
shall
refile
the
claim
for
credit.
29
5.
The
assessor
shall
remit
the
claims
for
30
credit
to
the
county
auditor
with
the
assessor’s
31
recommendation
for
allowance
or
disallowance.
If
32
the
assessor
recommends
disallowance
of
a
claim,
33
the
assessor
shall
submit
the
reasons
for
the
34
recommendation,
in
writing,
to
the
county
auditor.
The
35
county
auditor
shall
forward
the
claims
to
the
board
36
of
supervisors.
The
board
shall
allow
or
disallow
the
37
claims.
38
6.
For
each
claim
and
allowance
of
a
credit
for
39
a
property
unit,
the
county
auditor
shall
calculate
40
the
average
of
all
consolidated
levy
rates
applicable
41
to
the
several
parcels
within
the
property
unit.
All
42
claims
for
credit
which
have
been
allowed
by
the
board
43
of
supervisors,
the
actual
value
of
the
improvements
44
to
such
parcels
and
property
units
applicable
to
45
the
fiscal
year
for
which
the
credit
is
claimed
46
that
are
subject
to
assessment
and
taxation
prior
to
47
imposition
of
any
applicable
assessment
limitation,
48
the
consolidated
levy
rates
for
such
parcels
and
the
49
average
consolidated
levy
rates
for
such
property
units
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applicable
to
the
fiscal
year
for
which
the
credit
is
1
claimed,
and
the
taxing
districts
in
which
the
parcel
2
or
property
unit
is
located,
shall
be
certified
on
or
3
before
June
15,
in
each
year,
by
the
county
auditor
to
4
the
department.
5
7.
The
assessor
shall
maintain
a
permanent
file
of
6
current
business
property
tax
credits.
The
assessor
7
shall
file
a
notice
of
transfer
of
property
for
which
a
8
credit
has
been
allowed
when
notice
is
received
from
9
the
office
of
the
county
recorder,
from
the
person
10
who
sold
or
transferred
the
property,
or
from
the
11
personal
representative
of
a
deceased
property
owner.
12
The
county
recorder
shall
give
notice
to
the
assessor
13
of
each
transfer
of
title
filed
in
the
recorder’s
14
office.
The
notice
from
the
county
recorder
shall
15
describe
the
property
transferred,
the
name
of
the
16
person
transferring
title
to
the
property,
and
the
name
17
of
the
person
to
whom
title
to
the
property
has
been
18
transferred.
19
Sec.
150.
NEW
SECTION
.
426C.4
Eligibility
and
20
amount
of
credit.
21
1.
Each
parcel
classified
and
taxed
as
commercial
22
property,
industrial
property,
or
railway
property
23
under
chapter
434,
and
improved
with
permanent
24
construction,
is
eligible
for
a
credit
under
this
25
chapter.
A
person
may
claim
and
receive
one
credit
26
under
this
chapter
for
each
eligible
parcel
unless
27
the
parcel
is
part
of
a
property
unit.
A
person
28
may
only
claim
and
receive
one
credit
under
this
29
chapter
for
each
property
unit.
A
credit
approved
30
for
a
property
unit
shall
be
allocated
to
the
several
31
parcels
within
the
property
unit
in
the
proportion
32
that
each
parcel’s
total
amount
of
property
taxes
due
33
and
payable
attributable
to
the
improvements
bears
to
34
the
total
amount
of
property
taxes
due
and
payable
35
attributable
to
the
improvements
for
the
property
unit.
36
Only
property
units
comprised
of
commercial
property,
37
comprised
of
industrial
property,
or
comprised
of
38
railway
property
under
chapter
434
are
eligible
for
a
39
credit
under
this
chapter.
40
2.
Using
the
actual
value
of
the
improvements
and
41
the
consolidated
levy
rate
for
each
parcel
or
the
42
average
consolidated
levy
rate
for
each
property
unit,
43
as
certified
by
the
county
auditor
to
the
department
44
under
section
426C.3,
subsection
6,
the
department
45
shall
calculate,
for
each
fiscal
year,
an
initial
46
amount
of
actual
value
of
improvements
for
use
in
47
determining
the
amount
of
the
credit
for
each
such
48
parcel
or
property
unit
so
as
to
provide
the
maximum
49
possible
credit
according
to
the
credit
formula
and
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limitations
under
subsection
3,
and
to
provide
a
1
total
dollar
amount
of
credits
against
the
taxes
due
2
and
payable
in
the
fiscal
year
equal
to
ninety-eight
3
percent
of
the
moneys
in
the
fund
following
the
deposit
4
of
the
total
appropriation
for
the
fiscal
year.
5
3.
a.
The
amount
of
the
credit
for
each
parcel
or
6
property
unit
for
which
a
claim
for
credit
under
this
7
chapter
has
been
approved
shall
be
calculated
under
8
paragraph
“b”
using
the
lesser
of
the
initial
amount
9
of
actual
value
of
the
improvements
determined
by
the
10
department
under
subsection
2,
and
the
actual
value
11
of
the
improvements
to
the
parcel
or
property
unit
as
12
certified
by
the
county
auditor
under
section
426C.3,
13
subsection
6.
14
b.
The
amount
of
the
credit
for
each
parcel
or
15
property
unit
for
which
a
claim
for
credit
under
16
this
chapter
has
been
approved
shall
be
equal
to
the
17
amount
of
actual
value
determined
under
paragraph
“a”
18
multiplied
by
the
difference,
stated
as
a
percentage,
19
between
the
assessment
limitation
applicable
to
20
the
parcel
or
property
unit
under
section
441.21,
21
subsection
5,
and
the
assessment
limitation
applicable
22
to
residential
property
under
section
441.21,
23
subsection
4,
divided
by
one
thousand
dollars,
and
then
24
multiplied
by
the
consolidated
levy
rate
or
average
25
consolidated
levy
rate
per
one
thousand
dollars
of
26
taxable
value
applicable
to
the
parcel
or
property
unit
27
for
the
fiscal
year
for
which
the
credit
is
claimed
as
28
certified
by
the
county
auditor
under
section
426C.3,
29
subsection
6.
30
Sec.
151.
NEW
SECTION
.
426C.5
Payment
to
counties.
31
1.
Annually
the
department
shall
certify
to
the
32
county
auditor
of
each
county
the
amounts
of
the
33
business
property
tax
credits
allowed
in
the
county.
34
Each
county
auditor
shall
then
enter
the
credits
35
against
the
tax
levied
on
each
eligible
parcel
or
36
property
unit
in
the
county,
designating
on
the
tax
37
lists
the
credit
as
being
from
the
fund.
Each
taxing
38
district
shall
receive
its
share
of
the
business
39
property
tax
credit
allowed
on
each
eligible
parcel
40
or
property
unit
in
such
taxing
district,
in
the
41
proportion
that
the
levy
made
by
such
taxing
district
42
upon
the
parcel
or
property
unit
bears
to
the
total
43
levy
upon
the
parcel
or
property
unit
by
all
taxing
44
districts
imposing
a
property
tax
in
such
taxing
45
district.
However,
the
several
taxing
districts
46
shall
not
draw
the
moneys
so
credited
until
after
the
47
semiannual
allocations
have
been
received
by
the
county
48
treasurer,
as
provided
in
this
section.
Each
county
49
treasurer
shall
show
on
each
tax
receipt
the
amount
of
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credit
received
from
the
fund.
1
2.
The
director
of
the
department
of
administrative
2
services
shall
issue
warrants
on
the
fund
payable
to
3
the
county
treasurers
of
the
several
counties
of
the
4
state
under
this
chapter.
5
3.
The
amount
due
each
county
shall
be
paid
in
two
6
payments
on
November
15
and
March
15
of
each
fiscal
7
year,
drawn
upon
warrants
payable
to
the
respective
8
county
treasurers.
The
two
payments
shall
be
as
nearly
9
equal
as
possible.
10
Sec.
152.
NEW
SECTION
.
426C.6
Appeals.
11
1.
If
the
board
of
supervisors
disallows
a
claim
12
for
credit
under
section
426C.3,
subsection
5,
the
13
board
of
supervisors
shall
send
written
notice,
by
14
mail,
to
the
claimant
at
the
claimant’s
last
known
15
address.
The
notice
shall
state
the
reasons
for
16
disallowing
the
claim
for
the
credit.
The
board
of
17
supervisors
is
not
required
to
send
notice
that
a
claim
18
for
credit
is
disallowed
if
the
claimant
voluntarily
19
withdraws
the
claim.
Any
person
whose
claim
is
denied
20
under
the
provisions
of
this
chapter
may
appeal
from
21
the
action
of
the
board
of
supervisors
to
the
district
22
court
of
the
county
in
which
the
parcel
or
property
23
unit
is
located
by
giving
written
notice
of
such
appeal
24
to
the
county
auditor
within
twenty
days
from
the
date
25
of
mailing
of
notice
of
such
action
by
the
board
of
26
supervisors.
27
2.
If
any
claim
for
credit
has
been
denied
by
the
28
board
of
supervisors,
and
such
action
is
subsequently
29
reversed
on
appeal,
the
credit
shall
be
allowed
on
the
30
applicable
parcel
or
property
unit,
and
the
director
of
31
revenue,
the
county
auditor,
and
the
county
treasurer
32
shall
provide
the
credit
and
change
their
books
and
33
records
accordingly.
In
the
event
the
appealing
34
taxpayer
has
paid
one
or
both
of
the
installments
of
35
the
tax
payable
in
the
year
or
years
in
question,
36
remittance
shall
be
made
to
such
taxpayer
of
the
amount
37
of
such
credit.
The
amount
of
such
credit
awarded
on
38
appeal
shall
be
allocated
and
paid
from
the
balance
39
remaining
in
the
fund.
40
Sec.
153.
NEW
SECTION
.
426C.7
Audit
——
denial.
41
1.
If
on
the
audit
of
a
credit
provided
under
this
42
chapter,
the
director
of
revenue
determines
the
amount
43
of
the
credit
to
have
been
incorrectly
calculated
or
44
that
the
credit
is
not
allowable,
the
director
shall
45
recalculate
the
credit
and
notify
the
taxpayer
and
the
46
county
auditor
of
the
recalculation
or
denial
and
the
47
reasons
for
it.
The
director
shall
not
adjust
a
credit
48
after
three
years
from
October
31
of
the
year
in
which
49
the
claim
for
the
credit
was
filed.
If
the
credit
has
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been
paid,
the
director
shall
give
notification
to
the
1
taxpayer,
the
county
treasurer,
and
the
applicable
2
assessor
of
the
recalculation
or
denial
of
the
credit
3
and
the
county
treasurer
shall
proceed
to
collect
the
4
tax
owed
in
the
same
manner
as
other
property
taxes
due
5
and
payable
are
collected,
if
the
parcel
or
property
6
unit
for
which
the
credit
was
allowed
is
still
owned
7
by
the
taxpayer.
If
the
parcel
or
property
unit
8
for
which
the
credit
was
allowed
is
not
owned
by
the
9
taxpayer,
the
amount
may
be
recovered
from
the
taxpayer
10
by
assessment
in
the
same
manner
that
income
taxes
are
11
assessed
under
sections
422.26
and
422.30.
The
amount
12
of
such
erroneous
credit,
when
collected,
shall
be
13
deposited
in
the
fund.
14
2.
The
taxpayer
or
board
of
supervisors
may
15
appeal
any
decision
of
the
director
of
revenue
to
the
16
state
board
of
tax
review
pursuant
to
section
421.1,
17
subsection
5.
The
taxpayer,
the
board
of
supervisors,
18
or
the
director
of
revenue
may
seek
judicial
review
19
of
the
action
of
the
state
board
of
tax
review
in
20
accordance
with
chapter
17A.
21
Sec.
154.
NEW
SECTION
.
426C.8
False
claim
——
22
penalty.
23
A
person
who
makes
a
false
claim
for
the
purpose
of
24
obtaining
a
credit
provided
for
in
this
chapter
or
who
25
knowingly
receives
the
credit
without
being
legally
26
entitled
to
it
is
guilty
of
a
fraudulent
practice.
The
27
claim
for
a
credit
of
such
a
person
shall
be
disallowed
28
and
if
the
credit
has
been
paid
the
amount
shall
be
29
recovered
in
the
manner
provided
in
section
426C.7.
In
30
such
cases,
the
director
of
revenue
shall
send
a
notice
31
of
disallowance
of
the
credit.
32
Sec.
155.
NEW
SECTION
.
426C.9
Rules.
33
The
director
of
revenue
shall
prescribe
forms,
34
instructions,
and
rules
pursuant
to
chapter
17A,
as
35
necessary,
to
carry
out
the
purposes
of
this
chapter.
36
Sec.
156.
IMPLEMENTATION.
Notwithstanding
the
37
deadline
for
filing
claims
established
in
section
38
426C.3,
for
a
credit
against
property
taxes
due
and
39
payable
during
the
fiscal
year
beginning
July
1,
2012,
40
the
claim
for
the
credit
shall
be
filed
not
later
than
41
January
15,
2012.
42
Sec.
157.
APPLICABILITY.
This
division
of
this
Act
43
applies
to
property
taxes
due
and
payable
in
fiscal
44
years
beginning
on
or
after
July
1,
2012.
45
DIVISION
XIX
46
COUNTY
AND
CITY
BUDGET
LIMITATION
47
Sec.
158.
Section
28M.5,
subsection
2,
Code
2011,
48
is
amended
to
read
as
follows:
49
2.
If
a
regional
transit
district
budget
allocates
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revenue
responsibilities
to
the
board
of
supervisors
1
of
a
participating
county,
the
amount
of
the
regional
2
transit
district
levy
that
is
the
responsibility
of
the
3
participating
county
shall
be
deducted
from
the
maximum
4
rates
amount
of
taxes
authorized
to
be
levied
by
the
5
county
pursuant
to
section
331.423
,
subsections
1
and
6
2
subsection
3,
paragraphs
“b”
and
“c”
,
as
applicable,
7
unless
the
county
meets
its
revenue
responsibilities
as
8
allocated
in
the
budget
from
other
available
revenue
9
sources.
However,
for
a
regional
transit
district
10
that
includes
a
county
with
a
population
of
less
than
11
three
hundred
thousand,
the
amount
of
the
regional
12
transit
district
levy
that
is
the
responsibility
of
13
such
participating
county
shall
be
deducted
from
the
14
maximum
rate
amount
of
taxes
authorized
to
be
levied
15
by
the
county
pursuant
to
section
331.423,
subsection
16
1
3,
paragraph
“b”
.
17
Sec.
159.
Section
331.263,
subsection
2,
Code
2011,
18
is
amended
to
read
as
follows:
19
2.
The
governing
body
of
the
community
commonwealth
20
shall
have
the
authority
to
levy
county
taxes
and
shall
21
have
the
authority
to
levy
city
taxes
to
the
extent
the
22
city
tax
levy
authority
is
transferred
by
the
charter
23
to
the
community
commonwealth.
A
city
participating
24
in
the
community
commonwealth
shall
transfer
a
portion
25
of
the
city’s
tax
levy
authorized
under
section
384.1
26
or
384.12
,
whichever
is
applicable,
to
the
governing
27
body
of
the
community
commonwealth.
The
maximum
28
rates
amount
of
taxes
authorized
to
be
levied
under
29
sections
section
384.1
and
the
maximum
amount
of
taxes
30
authorized
to
be
levied
under
section
384.12
by
a
city
31
participating
in
the
community
commonwealth
shall
be
32
reduced
by
an
amount
equal
to
the
rates
of
the
same
or
33
similar
taxes
levied
in
the
city
by
the
governing
body
34
of
the
community
commonwealth.
35
Sec.
160.
Section
331.421,
Code
2011,
is
amended
by
36
adding
the
following
new
subsection:
37
NEW
SUBSECTION
.
7A.
“Item”
means
a
budgeted
38
expenditure,
appropriation,
or
cash
reserve
from
a
39
fund
for
a
service
area,
program,
program
element,
or
40
purpose.
41
Sec.
161.
Section
331.423,
Code
2011,
is
amended
by
42
striking
the
section
and
inserting
in
lieu
thereof
the
43
following:
44
331.423
Property
tax
dollars
——
basic
levy
maximums.
45
1.
Annually,
the
board
shall
determine
separate
46
property
tax
levy
limits
to
pay
for
general
county
47
services
and
rural
county
services
in
accordance
with
48
this
section.
The
basic
levies
separately
certified
49
for
general
county
services
and
rural
county
services
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under
section
331.434
shall
not
raise
property
tax
1
dollars
that
exceed
the
amount
determined
under
this
2
section.
3
2.
For
purposes
of
this
section
and
section
4
331.423B,
unless
the
context
otherwise
requires:
5
a.
“Annual
growth
factor”
means
an
index,
expressed
6
as
a
percentage,
determined
by
the
department
of
7
management
by
November
1
of
the
calendar
year
preceding
8
the
calendar
year
in
which
the
budget
year
begins.
In
9
determining
the
annual
growth
factor,
the
department
10
shall
calculate
the
average
of
the
preceding
three-year
11
percentage
change,
which
shall
be
computed
on
an
annual
12
basis,
in
the
midwest
consumer
price
index,
ending
13
with
the
percentage
change
for
the
month
of
September.
14
The
department
shall
then
add
that
average
percentage
15
change
to
one
hundred
percent.
16
b.
“Boundary
adjustment”
means
annexation,
17
severance,
incorporation,
or
discontinuance
as
those
18
terms
are
defined
in
section
368.1.
19
c.
“Budget
year”
is
the
fiscal
year
beginning
20
during
the
calendar
year
in
which
a
budget
is
21
certified.
22
d.
“Current
fiscal
year”
is
the
fiscal
year
23
ending
during
the
calendar
year
in
which
a
budget
is
24
certified.
25
e.
“Net
new
valuation
taxes”
means
the
amount
26
of
property
tax
dollars
equal
to
the
current
fiscal
27
year’s
basic
levy
rate
in
the
county
for
general
county
28
services
or
for
rural
county
services,
as
applicable,
29
multiplied
by
the
increase
from
the
current
fiscal
year
30
to
the
budget
year
in
taxable
valuation
due
to
the
31
following:
32
(1)
Net
new
construction,
including
all
incremental
33
valuation
that
is
released
in
any
one
year
from
a
34
division
of
revenue
under
section
260E.4
or
an
urban
35
renewal
area
for
which
taxes
were
being
divided
under
36
section
403.19,
regardless
of
whether
the
property
37
for
the
valuation
being
released
remains
subject
38
to
the
division
of
revenue
under
section
260E.4
or
39
remains
part
of
the
urban
renewal
area
that
is
subject
40
to
a
division
of
revenue
under
section
403.19.
The
41
amount
of
property
tax
dollars
attributable
to
such
42
incremental
valuation
being
released
from
a
division
43
of
revenue
shall
be
subtracted
from
the
maximum
amount
44
of
property
tax
dollars
which
may
be
certified
for
45
the
next
following
fiscal
year
if
such
incremental
46
valuation
is
not
released
for
the
next
following
fiscal
47
year.
48
(2)
Additions
or
improvements
to
existing
49
structures.
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(3)
Remodeling
of
existing
structures
for
which
a
1
building
permit
is
required.
2
(4)
Net
boundary
adjustment.
3
(5)
A
municipality
no
longer
dividing
tax
revenues
4
in
an
urban
renewal
area
as
provided
in
section
403.19
5
or
a
community
college
no
longer
dividing
revenues
as
6
provided
in
section
260E.4.
7
(6)
That
portion
of
taxable
property
located
in
an
8
urban
revitalization
area
on
which
an
exemption
was
9
allowed
and
such
exemption
has
expired.
10
f.
“Unfunded
federal
and
state
mandate
cost
growth”
11
means
an
amount
of
increased
expenditures
for
a
12
county
from
the
previous
fiscal
year,
to
the
extent
13
such
expenditures
are
not
funded
by
the
county’s
14
supplemental
levy
under
section
331.424,
resulting
from
15
any
of
the
following:
16
(1)
A
federal
statutory
requirement
or
17
appropriation
that
requires
the
county
to
establish,
18
expand,
or
modify
its
activities
in
a
manner
which
19
necessitates
additional
annual
expenditures
and
for
20
which
insufficient
funding
is
provided
to
the
county
to
21
satisfy
such
requirements.
22
(2)
A
state
mandate
as
defined
in
section
25B.3,
23
and
for
which
insufficient
funding
is
provided
to
24
the
county
to
satisfy
the
requirements
of
the
state
25
mandate.
26
3.
a.
For
the
fiscal
year
beginning
July
1,
2013,
27
and
subsequent
fiscal
years,
the
maximum
amount
of
28
property
tax
dollars
which
may
be
certified
for
levy
by
29
a
county
for
general
county
services
and
rural
county
30
services
shall
be
the
maximum
property
tax
dollars
31
calculated
under
paragraphs
“b”
and
“c”
,
respectively.
32
b.
The
maximum
property
tax
dollars
that
may
be
33
levied
for
general
county
services
is
an
amount
equal
34
to
the
sum
of
the
following:
35
(1)
The
annual
growth
factor
times
the
current
36
fiscal
year’s
maximum
property
tax
dollars
for
general
37
county
services.
38
(2)
The
amount
of
net
new
valuation
taxes
in
the
39
county.
40
(3)
The
unfunded
federal
and
state
mandate
cost
41
growth
minus
the
amount
specified
in
paragraph
“c”
,
42
subparagraph
(3).
43
c.
The
maximum
property
tax
dollars
that
may
be
44
levied
for
rural
county
services
is
an
amount
equal
to
45
the
sum
of
the
following:
46
(1)
The
annual
growth
factor
times
the
current
47
fiscal
year’s
maximum
property
tax
dollars
for
rural
48
county
services.
49
(2)
The
amount
of
net
new
valuation
taxes
in
the
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unincorporated
area
of
the
county.
1
(3)
The
unfunded
federal
and
state
mandate
cost
2
growth
attributable
to
the
costs
incurred
by
the
county
3
for
rural
county
services.
4
4.
a.
For
purposes
of
calculating
maximum
property
5
tax
dollars
for
general
county
services
for
the
fiscal
6
year
beginning
July
1,
2013,
only,
the
term
“current
7
fiscal
year’s
maximum
property
tax
dollars”
shall
mean
8
the
total
amount
of
property
tax
dollars
certified
by
9
the
county
for
general
county
services
for
the
fiscal
10
year
beginning
July
1,
2012,
excluding
those
property
11
tax
dollars
that
resulted
from
a
supplemental
levy
12
under
section
331.424,
subsection
1.
13
b.
For
purposes
of
calculating
maximum
property
tax
14
dollars
for
rural
county
services
for
the
fiscal
year
15
beginning
July
1,
2013,
only,
the
term
“current
fiscal
16
year’s
maximum
property
tax
dollars”
shall
mean
the
17
total
amount
of
property
tax
dollars
certified
by
the
18
county
for
rural
county
services
for
the
fiscal
year
19
beginning
July
1,
2012,
excluding
those
property
tax
20
dollars
that
resulted
from
a
supplemental
levy
under
21
section
331.424,
subsection
2.
22
5.
Property
taxes
certified
under
section
23
331.424,
property
taxes
certified
for
deposit
in
the
24
mental
health,
mental
retardation,
and
developmental
25
disabilities
services
fund
in
section
331.424A,
for
the
26
emergency
services
fund
in
section
331.424C,
for
the
27
debt
service
fund
in
section
331.430,
for
any
capital
28
projects
fund
established
by
the
county
for
deposit
of
29
bond,
loan,
or
note
proceeds,
and
for
any
temporary
30
increase
approved
pursuant
to
section
331.423C,
are
31
not
included
in
the
maximum
amount
of
property
tax
32
dollars
that
may
be
certified
for
a
budget
year
under
33
subsection
3.
34
6.
The
department
of
management,
in
consultation
35
with
the
county
finance
committee,
shall
adopt
rules
36
to
administer
this
section.
The
department
shall
37
prescribe
forms
to
be
used
by
counties
when
making
38
calculations
required
by
this
section.
39
Sec.
162.
NEW
SECTION
.
331.423B
Ending
fund
40
balance.
41
1.
a.
Budgeted
ending
fund
balances
for
a
budget
42
year
in
excess
of
twenty-five
percent
of
budgeted
43
expenditures
in
either
the
general
fund
or
rural
44
services
fund
for
that
budget
year
shall
be
explicitly
45
committed
or
assigned
for
a
specific
purpose.
46
b.
A
county
is
encouraged,
but
not
required,
to
47
reduce
budgeted,
uncommitted,
or
unassigned
ending
48
fund
balances
for
the
budget
year
to
an
amount
equal
49
to
approximately
twenty-five
percent
of
budgeted
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expenditures
and
transfers
from
the
general
fund
1
and
rural
services
fund
for
that
budget
year
unless
2
a
decision
is
certified
by
the
state
appeal
board
3
ordering
a
reduction
in
the
ending
fund
balance
of
any
4
of
those
funds.
5
c.
In
a
protest
to
the
county
budget
under
section
6
331.436,
the
county
shall
have
the
burden
of
proving
7
that
the
budgeted
balances
in
excess
of
twenty-five
8
percent
are
reasonably
likely
to
be
appropriated
for
9
the
explicitly
committed
or
assigned
specific
purpose.
10
The
excess
budgeted
balance
for
the
specific
purpose
11
shall
be
considered
an
increase
in
an
item
in
the
12
budget
for
purposes
of
section
24.28.
13
2.
a.
For
a
county
that
has,
as
of
June
30,
2012,
14
reduced
its
actual
ending
fund
balance
to
less
than
15
twenty-five
percent
of
actual
expenditures,
additional
16
property
taxes
may
be
computed
and
levied
as
provided
17
in
this
subsection.
The
additional
property
tax
levy
18
amount
is
an
amount
not
to
exceed
twenty-five
percent
19
of
actual
expenditures
from
the
general
fund
and
rural
20
services
fund
for
the
fiscal
year
beginning
July
1,
21
2011,
minus
the
combined
ending
fund
balances
for
those
22
funds
for
that
year.
23
b.
The
amount
of
the
additional
property
taxes
24
shall
be
apportioned
between
the
general
fund
and
the
25
rural
services
fund.
However,
the
amount
apportioned
26
for
general
county
services
and
for
rural
county
27
services
shall
not
exceed
for
each
fund
twenty-five
28
percent
of
actual
expenditures
for
the
fiscal
year
29
beginning
July
1,
2011.
30
c.
All
or
a
portion
of
additional
property
tax
31
dollars
may
be
levied
for
the
purpose
of
increasing
32
cash
reserves
for
general
county
services
and
rural
33
county
services
in
the
budget
year.
The
additional
34
property
tax
dollars
authorized
under
this
subsection
35
but
not
levied
may
be
carried
forward
as
unused
ending
36
fund
balance
taxing
authority
until
and
for
the
fiscal
37
year
beginning
July
1,
2018.
The
amount
carried
38
forward
shall
not
exceed
twenty-five
percent
of
the
39
maximum
amount
of
property
tax
dollars
available
in
40
the
current
fiscal
year.
Additionally,
property
taxes
41
that
are
levied
as
unused
ending
fund
balance
taxing
42
authority
under
this
subsection
may
be
the
subject
of
43
a
protest
under
section
331.436,
and
the
amount
will
44
be
considered
an
increase
in
an
item
in
the
budget
for
45
purposes
of
section
24.28.
The
amount
of
additional
46
property
taxes
levied
under
this
subsection
shall
not
47
be
included
in
the
computation
of
the
maximum
amount
of
48
property
tax
dollars
which
may
be
certified
and
levied
49
under
section
331.423.
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Sec.
163.
NEW
SECTION
.
331.423C
Authority
to
levy
1
beyond
maximum
property
tax
dollars.
2
1.
The
board
may
certify
additions
to
the
maximum
3
amount
of
property
tax
dollars
to
be
levied
for
a
4
budget
year
if
the
county
conducts
a
second
public
5
hearing
prior
to
certification
of
the
budget
to
the
6
county
auditor,
in
addition
to
the
hearing
held
as
7
required
under
section
331.434.
The
second
public
8
hearing
shall
be
conducted
in
the
same
manner
as
9
the
public
hearing
on
the
budget
required
in
section
10
331.434.
11
2.
The
amount
of
additional
property
tax
dollars
12
certified
under
this
section
shall
not
be
included
in
13
the
computation
of
the
maximum
amount
of
property
tax
14
dollars
which
may
be
certified
and
levied
under
section
15
331.423
for
future
budget
years.
16
Sec.
164.
Section
331.424,
unnumbered
paragraph
1,
17
Code
2011,
is
amended
to
read
as
follows:
18
To
the
extent
that
the
basic
levies
authorized
under
19
section
331.423
are
insufficient
to
meet
the
county’s
20
needs
for
the
following
services,
the
board
may
certify
21
supplemental
levies
as
follows:
22
Sec.
165.
Section
331.424A,
subsection
4,
Code
23
2011,
is
amended
to
read
as
follows:
24
4.
For
the
fiscal
year
beginning
July
1,
1996,
25
and
for
each
subsequent
fiscal
year,
the
county
shall
26
certify
a
levy
for
payment
of
services.
For
each
27
fiscal
year,
county
revenues
from
taxes
imposed
by
the
28
county
credited
to
the
services
fund
shall
not
exceed
29
an
amount
equal
to
the
amount
of
base
year
expenditures
30
for
services
as
defined
in
section
331.438
,
less
the
31
amount
of
property
tax
relief
to
be
received
pursuant
32
to
section
426B.2
,
in
the
fiscal
year
for
which
the
33
budget
is
certified.
The
county
auditor
and
the
34
board
of
supervisors
shall
reduce
the
amount
of
the
35
levy
certified
for
the
services
fund
by
the
amount
of
36
property
tax
relief
to
be
received.
A
levy
certified
37
under
this
section
is
not
subject
to
the
appeal
38
provisions
of
section
331.426
or
to
any
other
provision
39
in
law
authorizing
a
county
to
exceed,
increase,
or
40
appeal
a
property
tax
levy
limit.
41
Sec.
166.
Section
331.434,
subsection
1,
Code
2011,
42
is
amended
to
read
as
follows:
43
1.
The
budget
shall
show
the
amount
required
for
44
each
class
of
proposed
expenditures,
a
comparison
of
45
the
amounts
proposed
to
be
expended
with
the
amounts
46
expended
for
like
purposes
for
the
two
preceding
years,
47
the
revenues
from
sources
other
than
property
taxation,
48
and
the
amount
to
be
raised
by
property
taxation,
in
49
the
detail
and
form
prescribed
by
the
director
of
the
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department
of
management.
For
each
county
that
has
1
established
an
urban
renewal
area,
the
budget
shall
2
include
estimated
and
actual
tax
increment
financing
3
revenues
and
all
estimated
and
actual
expenditures
of
4
the
revenues,
proceeds
from
debt
and
all
estimated
5
and
actual
expenditures
of
the
debt
proceeds,
and
6
identification
of
any
entity
receiving
a
direct
payment
7
of
taxes
funded
by
tax
increment
financing
revenues
8
and
shall
include
the
total
amount
of
loans,
advances,
9
indebtedness,
or
bonds
outstanding
at
the
close
of
10
the
most
recently
ended
fiscal
year,
which
qualify
11
for
payment
from
the
special
fund
created
in
section
12
403.19
,
including
interest
negotiated
on
such
loans,
13
advances,
indebtedness,
or
bonds.
For
purposes
of
this
14
subsection
,
“indebtedness”
includes
written
agreements
15
whereby
the
county
agrees
to
suspend,
abate,
exempt,
16
rebate,
refund,
or
reimburse
property
taxes,
provide
a
17
grant
for
property
taxes
paid,
or
make
a
direct
payment
18
of
taxes,
with
moneys
in
the
special
fund.
The
amount
19
of
loans,
advances,
indebtedness,
or
bonds
shall
be
20
listed
in
the
aggregate
for
each
county
reporting.
The
21
county
finance
committee,
in
consultation
with
the
22
department
of
management
and
the
legislative
services
23
agency,
shall
determine
reporting
criteria
and
shall
24
prepare
a
form
for
reports
filed
with
the
department
25
pursuant
to
this
section
.
The
department
shall
make
26
the
information
available
by
electronic
means.
27
Sec.
167.
Section
373.10,
Code
2011,
is
amended
to
28
read
as
follows:
29
373.10
Taxing
authority.
30
The
metropolitan
council
shall
have
the
authority
31
to
levy
city
taxes
to
the
extent
the
city
tax
levy
32
authority
is
transferred
by
the
charter
to
the
33
metropolitan
council.
A
member
city
shall
transfer
34
a
portion
of
the
city’s
tax
levy
authorized
under
35
section
384.1
or
384.12
,
whichever
is
applicable,
to
36
the
metropolitan
council.
The
maximum
rates
amount
of
37
taxes
authorized
to
be
levied
under
sections
section
38
384.1
and
the
taxes
authorized
to
be
levied
under
39
section
384.12
by
a
member
city
shall
be
reduced
by
an
40
amount
equal
to
the
rates
of
the
same
or
similar
taxes
41
levied
in
the
city
by
the
metropolitan
council.
42
Sec.
168.
Section
384.1,
Code
2011,
is
amended
by
43
striking
the
section
and
inserting
in
lieu
thereof
the
44
following:
45
384.1
Property
tax
dollars
——
maximums.
46
1.
A
city
shall
certify
taxes
to
be
levied
by
the
47
city
on
all
taxable
property
within
the
city
limits,
48
for
all
city
government
purposes.
Annually,
the
city
49
council
may
certify
basic
levies
for
city
government
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purposes,
subject
to
the
limitation
on
property
tax
1
dollars
provided
in
this
section.
2
2.
For
purposes
of
this
section
and
section
384.1B,
3
unless
the
context
otherwise
requires:
4
a.
“Annual
growth
factor”
means
an
index,
expressed
5
as
a
percentage,
determined
by
the
department
of
6
management
by
November
1
of
the
calendar
year
preceding
7
the
calendar
year
in
which
the
budget
year
begins.
In
8
determining
the
annual
growth
factor,
the
department
9
shall
calculate
the
average
of
the
preceding
three-year
10
percentage
change,
which
shall
be
computed
on
an
annual
11
basis,
in
the
midwest
consumer
price
index,
ending
12
with
the
percentage
change
for
the
month
of
September.
13
The
department
shall
then
add
that
average
percentage
14
change
to
one
hundred
percent.
15
b.
“Boundary
adjustment”
means
annexation,
16
severance,
incorporation,
or
discontinuance
as
those
17
terms
are
defined
in
section
368.1.
18
c.
“Budget
year”
is
the
fiscal
year
beginning
19
during
the
calendar
year
in
which
a
budget
is
20
certified.
21
d.
“Current
fiscal
year”
is
the
fiscal
year
22
ending
during
the
calendar
year
in
which
a
budget
is
23
certified.
24
e.
“Net
new
valuation
taxes”
means
the
amount
of
25
property
tax
dollars
equal
to
the
current
fiscal
year’s
26
levy
rate
in
the
city
for
the
general
fund
multiplied
27
by
the
increase
from
the
current
fiscal
year
to
the
28
budget
year
in
taxable
valuation
due
to
the
following:
29
(1)
Net
new
construction,
including
all
incremental
30
valuation
that
is
released
in
any
one
year
from
a
31
division
of
revenue
under
section
260E.4
or
an
urban
32
renewal
area
for
which
taxes
were
being
divided
under
33
section
403.19,
regardless
of
whether
the
property
34
for
the
valuation
being
released
remains
subject
35
to
the
division
of
revenue
under
section
260E.4
or
36
remains
part
of
the
urban
renewal
area
that
is
subject
37
to
a
division
of
revenue
under
section
403.19.
The
38
amount
of
property
tax
dollars
attributable
to
such
39
incremental
valuation
being
released
from
a
division
40
of
revenue
shall
be
subtracted
from
the
maximum
amount
41
of
property
tax
dollars
which
may
be
certified
for
42
the
next
following
fiscal
year
if
such
incremental
43
valuation
is
not
released
for
the
next
following
fiscal
44
year.
45
(2)
Additions
or
improvements
to
existing
46
structures.
47
(3)
Remodeling
of
existing
structures
for
which
a
48
building
permit
is
required.
49
(4)
Net
boundary
adjustment.
50
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(5)
A
municipality
no
longer
dividing
tax
revenues
1
in
an
urban
renewal
area
as
provided
in
section
403.19
2
or
a
community
college
no
longer
dividing
revenues
as
3
provided
in
section
260E.4.
4
(6)
That
portion
of
taxable
property
located
in
an
5
urban
revitalization
area
on
which
an
exemption
was
6
allowed
and
such
exemption
has
expired.
7
f.
“Unfunded
federal
and
state
mandate
cost
growth”
8
means
an
amount
of
increased
expenditures
for
a
city
9
from
the
previous
fiscal
year
resulting
from
any
of
the
10
following:
11
(1)
A
federal
statutory
requirement
or
12
appropriation
that
requires
the
city
to
establish,
13
expand,
or
modify
its
activities
in
a
manner
which
14
necessitates
additional
annual
expenditures
and
for
15
which
insufficient
funding
is
provided
to
the
city
to
16
satisfy
such
requirements.
17
(2)
A
state
mandate
as
defined
in
section
25B.3,
18
and
for
which
insufficient
funding
is
provided
to
the
19
city
to
satisfy
the
requirements
of
the
state
mandate.
20
3.
a.
For
the
fiscal
year
beginning
July
1,
2013,
21
and
subsequent
fiscal
years,
the
maximum
amount
of
22
property
tax
dollars
which
may
be
certified
for
levy
23
by
a
city
for
the
general
fund
shall
be
the
maximum
24
property
tax
dollars
calculated
under
paragraph
“b”
.
25
b.
The
maximum
property
tax
dollars
that
may
be
26
levied
for
deposit
in
the
general
fund
is
an
amount
27
equal
to
the
sum
of
the
following:
28
(1)
The
annual
growth
factor
times
the
current
29
fiscal
year’s
maximum
property
tax
dollars
for
the
30
general
fund.
31
(2)
The
amount
of
net
new
valuation
taxes
in
the
32
city.
33
(3)
The
unfunded
federal
and
state
mandate
cost
34
growth.
35
4.
For
purposes
of
calculating
maximum
property
tax
36
dollars
for
the
city
general
fund
for
the
fiscal
year
37
beginning
July
1,
2013,
only,
the
term
“current
fiscal
38
year’s
maximum
property
tax
dollars”
shall
mean
the
39
total
amount
of
property
tax
dollars
certified
by
the
40
city
for
the
city’s
general
fund
for
the
fiscal
year
41
beginning
July
1,
2012.
42
5.
Property
taxes
certified
for
deposit
in
the
43
debt
service
fund
in
section
384.4,
trust
and
agency
44
funds
in
section
384.6,
capital
improvements
reserve
45
fund
in
section
384.7,
the
emergency
fund
in
section
46
384.8,
any
capital
projects
fund
established
by
the
47
city
for
deposit
of
bond,
loan,
or
note
proceeds,
48
any
temporary
increase
approved
pursuant
to
section
49
384.12A,
property
taxes
collected
from
a
voted
levy
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in
section
384.12,
and
property
taxes
levied
under
1
section
384.12,
subsection
18,
are
not
counted
against
2
the
maximum
amount
of
property
tax
dollars
that
may
be
3
certified
for
a
fiscal
year
under
subsection
3.
4
6.
Notwithstanding
the
maximum
amount
of
taxes
5
a
city
may
certify
for
levy,
the
tax
levied
by
a
6
city
on
tracts
of
land
and
improvements
on
the
7
tracts
of
land
used
and
assessed
for
agricultural
or
8
horticultural
purposes
shall
not
exceed
three
dollars
9
and
three-eighths
cents
per
thousand
dollars
of
10
assessed
value
in
any
year.
Improvements
located
on
11
such
tracts
of
land
and
not
used
for
agricultural
or
12
horticultural
purposes
and
all
residential
dwellings
13
are
subject
to
the
same
rate
of
tax
levied
by
the
city
14
on
all
other
taxable
property
within
the
city.
15
7.
The
department
of
management,
in
consultation
16
with
the
city
finance
committee,
shall
adopt
rules
17
to
administer
this
section.
The
department
shall
18
prescribe
forms
to
be
used
by
cities
when
making
19
calculations
required
by
this
section.
20
Sec.
169.
NEW
SECTION
.
384.1B
Ending
fund
balance.
21
1.
a.
Budgeted
general
fund
ending
fund
balances
22
for
a
budget
year
in
excess
of
twenty-five
percent
of
23
budgeted
expenditures
from
the
general
fund
for
that
24
budget
year
shall
be
explicitly
committed
or
assigned
25
for
a
specific
purpose.
26
b.
A
city
is
encouraged,
but
not
required,
to
27
reduce
budgeted,
uncommitted,
or
unassigned
ending
28
fund
balances
for
the
budget
year
to
an
amount
equal
29
to
approximately
twenty-five
percent
of
budgeted
30
expenditures
and
transfers
from
the
general
fund
for
31
that
budget
year
unless
a
decision
is
certified
by
the
32
state
appeal
board
ordering
a
reduction
in
the
ending
33
fund
balance
of
the
fund.
34
c.
In
a
protest
to
the
city
budget
under
section
35
384.19,
the
city
shall
have
the
burden
of
proving
that
36
the
budgeted
balances
in
excess
of
twenty-five
percent
37
are
reasonably
likely
to
be
appropriated
for
the
38
explicitly
committed
or
assigned
specific
purpose.
The
39
excess
budgeted
balance
for
the
specific
purpose
shall
40
be
considered
an
increase
in
an
item
in
the
budget
for
41
purposes
of
section
24.28.
42
2.
a.
For
a
city
that
has,
as
of
June
30,
43
2012,
reduced
its
ending
fund
balance
to
less
than
44
twenty-five
percent
of
actual
expenditures,
additional
45
property
taxes
may
be
computed
and
levied
as
provided
46
in
this
subsection.
The
additional
property
tax
levy
47
amount
is
an
amount
not
to
exceed
the
difference
48
between
twenty-five
percent
of
actual
expenditures
for
49
city
government
purposes
for
the
fiscal
year
beginning
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July
1,
2011,
minus
the
ending
fund
balance
for
that
1
year.
2
b.
All
or
a
portion
of
additional
property
tax
3
dollars
may
be
levied
for
the
purpose
of
increasing
4
cash
reserves
for
city
government
purposes
in
the
5
budget
year.
The
additional
property
tax
dollars
6
authorized
under
this
subsection
but
not
levied
may
be
7
carried
forward
as
unused
ending
fund
balance
taxing
8
authority
until
and
for
the
fiscal
year
beginning
9
July
1,
2018.
The
amount
carried
forward
shall
not
10
exceed
twenty-five
percent
of
the
maximum
amount
of
11
property
tax
dollars
available
in
the
current
fiscal
12
year.
Additionally,
property
taxes
that
are
levied
13
as
unused
ending
fund
balance
taxing
authority
under
14
this
subsection
may
be
the
subject
of
a
protest
under
15
section
384.19,
and
the
amount
will
be
considered
an
16
increase
in
an
item
in
the
budget
for
purposes
of
17
section
24.28.
The
amount
of
additional
property
tax
18
dollars
levied
under
this
subsection
shall
not
be
19
included
in
the
computation
of
the
maximum
amount
of
20
property
tax
dollars
which
may
be
certified
and
levied
21
under
section
384.1.
22
Sec.
170.
Section
384.12,
unnumbered
paragraph
23
1,
Code
2011,
is
amended
by
striking
the
unnumbered
24
paragraph
and
inserting
in
lieu
thereof
the
following:
25
A
city
may
certify
taxes
for
deposit
in
the
general
26
fund,
subject
to
the
limit
provided
in
section
384.1
27
if
applicable,
which
are
in
addition
to
any
other
28
moneys
the
city
may
wish
to
spend
for
such
purposes,
29
as
follows:
30
Sec.
171.
Section
384.12,
subsection
20,
Code
2011,
31
is
amended
by
striking
the
subsection.
32
Sec.
172.
NEW
SECTION
.
384.12A
Authority
to
levy
33
beyond
maximum
property
tax
dollars.
34
1.
The
city
council
may
certify
additions
to
the
35
maximum
amount
of
property
tax
dollars
to
be
levied
36
for
a
budget
year
if
the
city
conducts
a
second
public
37
hearing
prior
to
certification
of
the
budget
to
the
38
county
auditor,
in
addition
to
the
hearing
held
as
39
required
under
section
384.16.
The
second
public
40
hearing
shall
be
conducted
in
the
same
manner
as
41
the
public
hearing
on
the
budget
required
in
section
42
384.16.
43
2.
The
amount
of
additional
property
tax
dollars
44
certified
under
this
section
shall
not
be
included
in
45
the
computation
of
the
maximum
amount
of
property
tax
46
dollars
which
may
be
certified
and
levied
under
section
47
384.1
for
future
budget
years.
48
Sec.
173.
Section
384.16,
subsection
1,
paragraph
49
b,
Code
2011,
is
amended
to
read
as
follows:
50
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b.
A
budget
must
show
comparisons
between
the
1
estimated
expenditures
in
each
program
in
the
following
2
year,
the
latest
estimated
expenditures
in
each
program
3
in
the
current
year,
and
the
actual
expenditures
in
4
each
program
from
the
annual
report
as
provided
in
5
section
384.22
,
or
as
corrected
by
a
subsequent
audit
6
report.
Wherever
practicable,
as
provided
in
rules
7
of
the
committee,
a
budget
must
show
comparisons
8
between
the
levels
of
service
provided
by
each
program
9
as
estimated
for
the
following
year,
and
actual
10
levels
of
service
provided
by
each
program
during
11
the
two
preceding
years.
For
each
city
that
has
12
established
an
urban
renewal
area,
the
budget
shall
13
include
estimated
and
actual
tax
increment
financing
14
revenues
and
all
estimated
and
actual
expenditures
of
15
the
revenues,
proceeds
from
debt
and
all
estimated
16
and
actual
expenditures
of
the
debt
proceeds,
and
17
identification
of
any
entity
receiving
a
direct
payment
18
of
taxes
funded
by
tax
increment
financing
revenues
19
and
shall
include
the
total
amount
of
loans,
advances,
20
indebtedness,
or
bonds
outstanding
at
the
close
of
21
the
most
recently
ended
fiscal
year,
which
qualify
22
for
payment
from
the
special
fund
created
in
section
23
403.19
,
including
interest
negotiated
on
such
loans,
24
advances,
indebtedness,
or
bonds.
The
amount
of
loans,
25
advances,
indebtedness,
or
bonds
shall
be
listed
in
the
26
aggregate
for
each
city
reporting.
The
city
finance
27
committee,
in
consultation
with
the
department
of
28
management
and
the
legislative
services
agency,
shall
29
determine
reporting
criteria
and
shall
prepare
a
form
30
for
reports
filed
with
the
department
pursuant
to
this
31
section
.
The
department
shall
make
the
information
32
available
by
electronic
means.
33
Sec.
174.
Section
384.19,
Code
2011,
is
amended
by
34
adding
the
following
new
unnumbered
paragraph:
35
NEW
UNNUMBERED
PARAGRAPH
.
For
purposes
of
a
tax
36
protest
filed
under
this
section,
“item”
means
a
37
budgeted
expenditure,
appropriation,
or
cash
reserve
38
from
a
fund
for
a
service
area,
program,
program
39
element,
or
purpose.
40
Sec.
175.
Section
386.8,
Code
2011,
is
amended
to
41
read
as
follows:
42
386.8
Operation
tax.
43
A
city
may
establish
a
self-supported
improvement
44
district
operation
fund,
and
may
certify
taxes
not
45
to
exceed
the
rate
limitation
as
established
in
the
46
ordinance
creating
the
district,
or
any
amendment
47
thereto,
each
year
to
be
levied
for
the
fund
against
48
all
of
the
property
in
the
district,
for
the
purpose
49
of
paying
the
administrative
expenses
of
the
district,
50
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which
may
include
but
are
not
limited
to
administrative
1
personnel
salaries,
a
separate
administrative
office,
2
planning
costs
including
consultation
fees,
engineering
3
fees,
architectural
fees,
and
legal
fees
and
all
other
4
expenses
reasonably
associated
with
the
administration
5
of
the
district
and
the
fulfilling
of
the
purposes
of
6
the
district.
The
taxes
levied
for
this
fund
may
also
7
be
used
for
the
purpose
of
paying
maintenance
expenses
8
of
improvements
or
self-liquidating
improvements
for
a
9
specified
length
of
time
with
one
or
more
options
to
10
renew
if
such
is
clearly
stated
in
the
petition
which
11
requests
the
council
to
authorize
construction
of
the
12
improvement
or
self-liquidating
improvement,
whether
13
or
not
such
petition
is
combined
with
the
petition
14
requesting
creation
of
a
district.
Parcels
of
property
15
which
are
assessed
as
residential
property
for
property
16
tax
purposes
are
exempt
from
the
tax
levied
under
this
17
section
except
residential
properties
within
a
duly
18
designated
historic
district.
A
tax
levied
under
19
this
section
is
not
subject
to
the
levy
limitation
in
20
section
384.1
.
21
Sec.
176.
Section
386.9,
Code
2011,
is
amended
to
22
read
as
follows:
23
386.9
Capital
improvement
tax.
24
A
city
may
establish
a
capital
improvement
fund
25
for
a
district
and
may
certify
taxes,
not
to
exceed
26
the
rate
established
by
the
ordinance
creating
the
27
district,
or
any
subsequent
amendment
thereto,
28
each
year
to
be
levied
for
the
fund
against
all
of
29
the
property
in
the
district,
for
the
purpose
of
30
accumulating
moneys
for
the
financing
or
payment
31
of
a
part
or
all
of
the
costs
of
any
improvement
or
32
self-liquidating
improvement.
However,
parcels
of
33
property
which
are
assessed
as
residential
property
34
for
property
tax
purposes
are
exempt
from
the
tax
35
levied
under
this
section
except
residential
properties
36
within
a
duly
designated
historic
district.
A
tax
37
levied
under
this
section
is
not
subject
to
the
levy
38
limitations
in
section
384.1
or
384.7
.
39
Sec.
177.
REPEAL.
Sections
331.425
and
331.426,
40
Code
2011,
are
repealed.
41
Sec.
178.
EFFECTIVE
DATE
AND
APPLICABILITY.
This
42
division
of
this
Act
takes
effect
July
1,
2012,
and
43
applies
to
fiscal
years
beginning
on
or
after
July
1,
44
2013.
45
DIVISION
XX
46
RESIDENTIAL
PROPERTY
ASSESSMENT
LIMITATION
47
Sec.
179.
Section
441.21,
subsection
4,
Code
2011,
48
is
amended
to
read
as
follows:
49
4.
For
valuations
established
as
of
January
50
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1,
1979,
the
percentage
of
actual
value
at
which
1
agricultural
and
residential
property
shall
be
assessed
2
shall
be
the
quotient
of
the
dividend
and
divisor
as
3
defined
in
this
section
.
The
dividend
for
each
class
4
of
property
shall
be
the
dividend
as
determined
for
5
each
class
of
property
for
valuations
established
as
6
of
January
1,
1978,
adjusted
by
the
product
obtained
7
by
multiplying
the
percentage
determined
for
that
year
8
by
the
amount
of
any
additions
or
deletions
to
actual
9
value,
excluding
those
resulting
from
the
revaluation
10
of
existing
properties,
as
reported
by
the
assessors
11
on
the
abstracts
of
assessment
for
1978,
plus
six
12
percent
of
the
amount
so
determined.
However,
if
the
13
difference
between
the
dividend
so
determined
for
14
either
class
of
property
and
the
dividend
for
that
15
class
of
property
for
valuations
established
as
of
16
January
1,
1978,
adjusted
by
the
product
obtained
by
17
multiplying
the
percentage
determined
for
that
year
18
by
the
amount
of
any
additions
or
deletions
to
actual
19
value,
excluding
those
resulting
from
the
revaluation
20
of
existing
properties,
as
reported
by
the
assessors
21
on
the
abstracts
of
assessment
for
1978,
is
less
than
22
six
percent,
the
1979
dividend
for
the
other
class
of
23
property
shall
be
the
dividend
as
determined
for
that
24
class
of
property
for
valuations
established
as
of
25
January
1,
1978,
adjusted
by
the
product
obtained
by
26
multiplying
the
percentage
determined
for
that
year
27
by
the
amount
of
any
additions
or
deletions
to
actual
28
value,
excluding
those
resulting
from
the
revaluation
29
of
existing
properties,
as
reported
by
the
assessors
on
30
the
abstracts
of
assessment
for
1978,
plus
a
percentage
31
of
the
amount
so
determined
which
is
equal
to
the
32
percentage
by
which
the
dividend
as
determined
for
the
33
other
class
of
property
for
valuations
established
as
34
of
January
1,
1978,
adjusted
by
the
product
obtained
35
by
multiplying
the
percentage
determined
for
that
year
36
by
the
amount
of
any
additions
or
deletions
to
actual
37
value,
excluding
those
resulting
from
the
revaluation
38
of
existing
properties,
as
reported
by
the
assessors
39
on
the
abstracts
of
assessment
for
1978,
is
increased
40
in
arriving
at
the
1979
dividend
for
the
other
class
41
of
property.
The
divisor
for
each
class
of
property
42
shall
be
the
total
actual
value
of
all
such
property
43
in
the
state
in
the
preceding
year,
as
reported
by
the
44
assessors
on
the
abstracts
of
assessment
submitted
45
for
1978,
plus
the
amount
of
value
added
to
said
46
total
actual
value
by
the
revaluation
of
existing
47
properties
in
1979
as
equalized
by
the
director
of
48
revenue
pursuant
to
section
441.49
.
The
director
shall
49
utilize
information
reported
on
abstracts
of
assessment
50
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submitted
pursuant
to
section
441.45
in
determining
1
such
percentage.
For
valuations
established
as
2
of
January
1,
1980,
and
each
year
thereafter,
the
3
percentage
of
actual
value
as
equalized
by
the
director
4
of
revenue
as
provided
in
section
441.49
at
which
5
agricultural
and
residential
property
shall
be
assessed
6
shall
be
calculated
in
accordance
with
the
methods
7
provided
herein
including
the
limitation
of
increases
8
in
agricultural
and
residential
assessed
values
to
the
9
percentage
increase
of
the
other
class
of
property
if
10
the
other
class
increases
less
than
the
allowable
limit
11
adjusted
to
include
the
applicable
and
current
values
12
as
equalized
by
the
director
of
revenue,
except
that
13
any
references
to
six
percent
in
this
subsection
shall
14
be
four
percent.
For
valuations
established
as
of
15
January
1,
2012,
and
each
assessment
year
thereafter,
16
the
percentage
of
actual
value
as
equalized
by
the
17
director
of
revenue
as
provided
in
section
441.49
at
18
which
residential
property
shall
be
assessed
shall
be
19
calculated
in
accordance
with
the
methods
provided
20
herein
including
the
limitation
of
increases
in
21
agricultural
and
residential
assessed
values
to
the
22
percentage
increase
of
the
other
class
of
property
if
23
the
other
class
increases
less
than
the
allowable
limit
24
adjusted
to
include
the
applicable
and
current
values
25
as
equalized
by
the
director
of
revenue,
except
that
26
in
no
assessment
year
shall
the
percentage
of
actual
27
value
at
which
residential
property
is
assessed
be
less
28
than
fifty
percent.
29
DIVISION
XXI
30
CONDITIONAL
EFFECTIVE
DATE
AND
RETROACTIVE
31
APPLICABILITY
32
Sec.
180.
EFFECTIVE
DATE
AND
RETROACTIVE
33
APPLICABILITY.
Unless
otherwise
provided,
this
Act,
34
if
approved
by
the
governor
on
or
after
July
1,
2011,
35
takes
effect
upon
enactment
and
applies
retroactively
36
to
July
1,
2011.
>
37
2.
By
renumbering
as
necessary.
38
______________________________
ROBERT
E.
DVORSKY
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72
#2.