House File 2465 S-5236 Amend House File 2465, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 STANDING APPROPRIATIONS AND RELATED MATTERS 6 Section 1. 2011 Iowa Acts, chapter 131, section 42, 7 is amended to read as follows: 8 SEC. 42. LIMITATION OF STANDING APPROPRIATIONS. 9 Notwithstanding the standing appropriations in the 10 following designated sections for the fiscal year 11 beginning July 1, 2012, and ending June 30, 2013, the 12 amounts appropriated from the general fund of the state 13 pursuant to these sections for the following designated 14 purposes shall not exceed the following amounts: 15 1. For operational support grants and community 16 cultural grants under section 99F.11, subsection 3 , 17 paragraph “d”, subparagraph (1): 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 19 416,702 20 2. For regional tourism marketing under section 21 99F.11, subsection 3 , paragraph “d”, subparagraph (2): 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,153 23 810,306 24 3. For the center for congenital and inherited 25 disorders central registry under section 144.13A, 26 subsection 4 , paragraph “a”: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,560 28 4. For primary and secondary child abuse prevention 29 programs under section 144.13A, subsection 4 , paragraph 30 “a”: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 108,886 32 5. For programs for at-risk children under section 33 279.51 : 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,364,446 35 10,728,891 36 The amount of any reduction in this subsection shall 37 be prorated among the programs specified in section 38 279.51, subsection 1 , paragraphs “a”, “b”, and “c”. 39 6. For payment for nonpublic school transportation 40 under section 285.2 : 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 42 If total approved claims for reimbursement for 43 nonpublic school pupil transportation exceed the amount 44 appropriated in accordance with this subsection, the 45 department of education shall prorate the amount of 46 each approved claim. 47 7. For the enforcement of chapter 453D relating to 48 tobacco product manufacturers under section 453D.8 : 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 50 -1- HF2465.6051 (1) 84 tm/jp 1/ 54 #1.
18,416 1 8. For reimbursement for the homestead property tax 2 credit under section 425.1: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 4 9. For reimbursement for the family farm and 5 agricultural land tax credits under sections 425A.1 and 6 426.1: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 8 DIVISION II 9 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 10 Sec. 2. DEPARTMENT OF PUBLIC HEALTH —— IOWA YOUTH 11 SUICIDE PREVENTION PROGRAM. There is appropriated 12 from the general fund of the state to the department 13 of public health for the fiscal year beginning July 1, 14 2012, and ending June 30, 2013, the following amount, 15 or so much thereof as is necessary, to be used for the 16 purposes designated: 17 To contract for a program to develop an Iowa youth 18 suicide prevention program: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 137,000 20 1. The department of public health shall issue 21 a request for proposals to select the most qualified 22 applicant that is experienced in working with the 23 target population to develop and administer an Iowa 24 youth suicide prevention program that employs a program 25 coordinator and provides for all of the following: 26 a. Administrative expenses, including but not 27 limited to facilities, communications, and professional 28 services and staff development. 29 b. School, community, and health care training for 30 specific groups identified as strategically placed to 31 enhance protective factors. 32 c. Resources and outreach, including but not 33 limited to site visits and school climate surveys, to 34 Iowa’s high schools. 35 d. An antibullying internet site; internet-based 36 communications, including but not limited to texting 37 capabilities; and a telephone hotline. 38 e. Program evaluation criteria for evaluation of 39 the performance of the program administered by the 40 applicant selected. 41 2. The department shall establish a request 42 for proposals process which shall be based upon 43 specifications established under a suicide prevention 44 plan for youth who are targets of bullying, which was 45 developed in partnership with the department during the 46 2011-2012 fiscal year. 47 3. The department shall submit to the general 48 assembly a progress report on or before January 15, 49 2013, providing a detailed analysis of the program, its 50 -2- HF2465.6051 (1) 84 tm/jp 2/ 54
budgetary requirements, and the department’s findings 1 and recommendations for continuation of the program. 2 Sec. 3. 2007 Iowa Acts, chapter 219, section 2, 3 subsection 2, paragraph a, as enacted by 2011 Iowa 4 Acts, chapter 133, section 32, is amended to read as 5 follows: 6 a. Notwithstanding section 8.33 , moneys 7 appropriated in section 1, subsection 1, paragraphs 8 “a” and “f” of this division of this Act that remain 9 unencumbered or unobligated at the close of the fiscal 10 year for which they were appropriated shall not revert 11 but shall remain available for the purposes designated 12 until the close of the fiscal year that begins July 13 1, 2011 2012 , or until the project for which the 14 appropriation was made is completed, whichever is 15 earlier. 16 Sec. 4. 2010 Iowa Acts, chapter 1193, section 29, 17 subsection 2, as enacted by 2011 Iowa Acts, chapter 18 127, section 54, is amended to read as follows: 19 2. Notwithstanding section 8.33 , moneys 20 appropriated in this section that remain unencumbered 21 or unobligated at the close of the fiscal year ending 22 June 30, 2011, shall not revert but shall remain 23 available for expenditure for the purposes designated 24 until the close of the fiscal year ending June 30, 2012 25 2013 . 26 Sec. 5. 2011 Iowa Acts, chapter 127, section 72, 27 subsection 4, paragraph b, unnumbered paragraph 1, as 28 amended by 2012 Iowa Acts, Senate File 2313, section 29 13, if enacted, is amended to read as follows: 30 The department shall, in coordination with the health 31 facilities division, make the following information 32 available to the public by December 31, 2012, as part 33 of the department’s development efforts to revise the 34 department’s internet website: 35 Sec. 6. 2012 Iowa Acts, House File 675, section 28, 36 subsection 2, is amended to read as follows: 37 2. The notice provisions contained in this Act 38 relating to residential construction apply only 39 to material furnished or labor performed after the 40 effective date of this Act. 41 Sec. 7. NEW SECTION . 15E.71 Executive council 42 action. 43 Notwithstanding section 7D.29, subsection 1, 44 the executive council may take any action deemed 45 necessary to protect the interests of the state with 46 respect to any certificates, tax credits, entities 47 created, or action taken in relation to this division. 48 Such actions may include but are not limited to 49 initiation of legal action, commencement of special 50 -3- HF2465.6051 (1) 84 tm/jp 3/ 54
investigations, institution of special audits of any 1 involved entity, or establishment of receiverships. 2 Sec. 8. Section 16.27, subsections 4 and 5, Code 3 2011, are amended by striking the subsections. 4 Sec. 9. NEW SECTION . 17A.6A Rulemaking internet 5 site. 6 1. Subject to the direction of the administrative 7 rules coordinator, each agency shall make available to 8 the public a uniform, searchable, and user-friendly 9 rules database, published on an internet site. 10 2. An agency’s rulemaking internet site shall also 11 make available to the public all of the following: 12 a. A brief summary of the rulemaking process, 13 including a description of any opportunity for public 14 participation in the process. 15 b. Process forms for filing comments or complaints 16 concerning proposed or adopted rules. 17 c. Process forms and instructions for filing a 18 petition for rulemaking, a petition for a declaratory 19 order, or a request for a waiver of an administrative 20 rule. 21 d. Any other material prescribed by the 22 administrative rules coordinator. 23 3. To the extent practicable, the administrative 24 rules coordinator shall create a uniform format for 25 rulemaking internet sites. 26 Sec. 10. Section 17A.7, subsection 2, Code 2011, 27 is amended by striking the subsection and inserting in 28 lieu thereof the following: 29 2. Beginning July 1, 2012, over each five-year 30 period of time, an agency shall conduct an ongoing 31 and comprehensive review of all of the agency’s 32 rules. The goal of the review is the identification 33 and elimination of all rules of the agency that are 34 outdated, redundant, or inconsistent or incompatible 35 with statute or its own rules or those of other 36 agencies. An agency shall commence its review by 37 developing a plan of review in consultation with major 38 stakeholders and constituent groups. When the agency 39 completes its five-year review of its rules, the 40 agency shall provide a summary of the results to the 41 administrative rules coordinator and the administrative 42 rules review committee. 43 Sec. 11. Section 17A.8, subsection 4, Code 2011, is 44 amended to read as follows: 45 4. a. The committee shall choose a chairperson 46 from its membership and prescribe its rules of 47 procedure. The committee may employ a secretary or may 48 appoint the administrative code editor or a designee 49 to act as secretary. 50 -4- HF2465.6051 (1) 84 tm/jp 4/ 54
b. The chairperson of the committee shall be 1 chosen as provided in this paragraph. For the term 2 commencing with the convening of the first regular 3 session of each general assembly and ending upon 4 the convening of the second regular session of that 5 general assembly, the chairperson shall be chosen by 6 the committee from its members who are members of the 7 house of representatives. For the term commencing with 8 the convening of the second regular session of each 9 general assembly and ending upon the convening of the 10 first regular session of the next general assembly, 11 the chairperson shall be chosen by the committee from 12 its members who are members of the senate. A vacancy 13 shall be filled in the same manner as the original 14 appointment and shall be for the remainder of the 15 unexpired term of the vacancy. 16 Sec. 12. Section 97A.6, subsection 7, paragraph 17 a, subparagraph (1), Code 2011, is amended to read as 18 follows: 19 (1) Should any beneficiary for either ordinary 20 or accidental disability, except a beneficiary 21 who is fifty-five years of age or over and would 22 have completed twenty-two years of service if the 23 beneficiary had remained in active service, be engaged 24 in a gainful occupation paying more than the difference 25 between the member’s net retirement allowance and 26 one two and one-half times the current earnable 27 compensation of an active member at the same position 28 on the salary scale within the member’s rank as the 29 member held at retirement, then the amount of the 30 retirement allowance shall be reduced to an amount 31 such that the member’s net retirement allowance plus 32 the amount earned by the member shall equal one two 33 and one-half times the amount of the current earnable 34 compensation of an active member at the same position 35 on the salary scale within the member’s rank as the 36 member held at retirement. Should the member’s earning 37 capacity be later changed, the amount of the retirement 38 allowance may be further modified, provided that the 39 new retirement allowance shall not exceed the amount of 40 the retirement allowance originally granted adjusted by 41 annual readjustments of pensions pursuant to subsection 42 14 of this section nor an amount which would cause the 43 member’s net retirement allowance, when added to the 44 amount earned by the beneficiary, to equal one two 45 and one-half times the amount of the current earnable 46 compensation of an active member at the same position 47 on the salary scale within the member’s rank as the 48 member held at retirement. A beneficiary restored 49 to active service at a salary less than the average 50 -5- HF2465.6051 (1) 84 tm/jp 5/ 54
final compensation upon the basis of which the member 1 was retired at age fifty-five or greater, shall not 2 again become a member of the retirement system and 3 shall have the member’s retirement allowance suspended 4 while in active service. If the rank or position 5 held by the retired member is subsequently abolished, 6 adjustments to the allowable limit on the amount of 7 income which can be earned in a gainful occupation 8 shall be computed in the same manner as provided in 9 subsection 14 , paragraph “c” , of this section for 10 readjustment of pensions when a rank or position has 11 been abolished. If the salary scale associated with a 12 member’s rank at retirement is changed after the member 13 retires, earnable compensation for purposes of this 14 section shall be based upon the salary an active member 15 currently would receive at the same rank and with 16 seniority equal to that of the retired member at the 17 time of retirement. For purposes of this paragraph, 18 “net retirement allowance” means the amount determined 19 by subtracting the amount paid during the previous 20 calendar year by the beneficiary for health insurance 21 or similar health care coverage for the beneficiary 22 and the beneficiary’s dependents from the amount of 23 the member’s retirement allowance paid for that year 24 pursuant to this chapter . The beneficiary shall submit 25 sufficient documentation to the board of trustees 26 to permit the system to determine the member’s net 27 retirement allowance for the applicable year. 28 Sec. 13. Section 97B.52A, subsection 1, paragraph 29 c, subparagraph (2), subparagraph division (b), Code 30 2011, is amended to read as follows: 31 (b) For a member whose first month of entitlement 32 is July 2004 or later, but before July 2012 2014 , 33 covered employment does not include employment as a 34 licensed health care professional by a public hospital 35 as defined in section 249J.3 , with the exception of 36 public hospitals governed pursuant to chapter 226 . 37 Sec. 14. Section 256C.4, subsection 1, Code 2011, 38 is amended by adding the following new paragraphs: 39 NEW PARAGRAPH . g. For the fiscal year beginning 40 July 1, 2011, and each succeeding fiscal year, of the 41 amount of preschool foundation aid received by a school 42 district for a fiscal year in accordance with section 43 257.16, not more than five percent may be used by 44 the school district for administering the district’s 45 approved local program. 46 NEW PARAGRAPH . h. For the fiscal year beginning 47 July 1, 2012, and each succeeding fiscal year, of 48 the amount of preschool foundation aid received by a 49 school district for a fiscal year in accordance with 50 -6- HF2465.6051 (1) 84 tm/jp 6/ 54
section 257.16, not less than ninety-five percent 1 of the per pupil amount shall be passed through to 2 a community-based provider for each pupil enrolled 3 in the district’s approved local program. For the 4 fiscal year beginning July 1, 2011, and each succeeding 5 fiscal year, not more than five percent of the 6 amount of preschool foundation aid passed through 7 to a community-based provider may be used by the 8 community-based provider for administrative costs. 9 Sec. 15. Section 257.35, subsection 7, Code 10 Supplement 2011, is amended to read as follows: 11 7. Notwithstanding subsection 1, and in addition 12 to the reduction applicable pursuant to subsection 13 2, the state aid for area education agencies and the 14 portion of the combined district cost calculated for 15 these agencies for the fiscal year beginning July 1, 16 2012, and ending June 30, 2013, shall be reduced by 17 the department of management by ten fifteen million 18 dollars. The reduction for each area education agency 19 shall be prorated based on the reduction that the 20 agency received in the fiscal year beginning July 1, 21 2003. 22 Sec. 16. Section 261.93, Code 2011, is amended to 23 read as follows: 24 261.93 Program established —— who qualified. 25 1. An Iowa grant program is established. 26 2. a. A grant may be awarded to a resident of 27 Iowa who is admitted and in attendance as a full-time 28 or part-time resident student at an accredited higher 29 education institution and who establishes financial 30 need. 31 b. Top priority in awarding program grants shall 32 be given to a qualified student who is a resident of 33 Iowa; is under the age of twenty-six, or the age of 34 thirty if the student is a veteran who is eligible for 35 benefits, or has exhausted the benefits, under the 36 federal Post-9/11 Veterans Educational Assistance Act 37 of 2008; is not a convicted felon as defined in section 38 910.15; and who meets any of the following criteria: 39 (1) Is the child of a peace officer, as defined 40 in section 97A.1, who is totally and permanently 41 disabled and who receives benefits under section 42 97A.6, subsection 5, or was killed in the line of duty 43 as determined by the board of trustees of the Iowa 44 department of public safety peace officers’ retirement, 45 accident, and disability system in accordance with 46 section 97A.6, subsection 16. 47 (2) Is the child of a police officer or a fire 48 fighter, as defined in section 411.1, who is totally 49 and permanently disabled and who receives benefits 50 -7- HF2465.6051 (1) 84 tm/jp 7/ 54
under section 411.6, subsection 5, or was killed in the 1 line of duty as determined by the statewide fire and 2 police retirement system in accordance with section 3 411.6, subsection 15. 4 (3) Is the child of a sheriff or deputy sheriff 5 as defined in section 97B.49C, who is totally and 6 permanently disabled and who receives an in-service 7 disability retirement allowance under section 97B.50A, 8 subsection 2, or was killed in the line of duty as 9 determined by the Iowa public employees’ retirement 10 system in accordance with section 97B.52, subsection 2. 11 3. Grants awarded shall be distributed to the 12 appropriate accredited higher education institution for 13 payment of educational expenses, including tuition, 14 room, board, and mandatory fees, with any balance to 15 be distributed to the student for whom the grant is 16 awarded. 17 Sec. 17. Section 261.93A, Code 2011, is amended to 18 read as follows: 19 261.93A Appropriation —— percentages. 20 1. Of the funds appropriated to the college student 21 aid commission to be allocated for the Iowa grant 22 program for each fiscal year, thirty-seven moneys shall 23 be distributed for grants awarded to qualified students 24 who meet the criteria established pursuant to section 25 261.93, subsection 2, and the funds remaining shall be 26 distributed as follows: 27 a. Thirty-seven and six-tenths percent shall be 28 reserved for students attending regents institutions , 29 twenty-five . 30 b. Twenty-five and nine-tenths percent shall be 31 reserved for students attending community colleges , and 32 thirty-six . 33 c. Thirty-six and five-tenths percent shall be 34 reserved for students attending private colleges and 35 universities. 36 2. Funds appropriated for the Iowa grant program 37 shall be used to supplement, not supplant, funds 38 appropriated for other existing programs at the 39 eligible institutions. 40 Sec. 18. Section 261.95, subsection 1, Code 2011, 41 is amended to read as follows: 42 1. The amount of a grant to a qualified full-time 43 student for an academic year shall be the as follows: 44 a. For a student who qualifies under section 45 261.93, subsection 2, paragraph “a” , the lesser of the 46 student’s financial need for that period or up to one 47 thousand dollars. 48 b. For a student who qualifies under section 49 261.93, subsection 2, paragraph “b” , the lesser of 50 -8- HF2465.6051 (1) 84 tm/jp 8/ 54
the student’s financial need for that period or not 1 more than the resident tuition rate established for 2 institutions of higher learning under the control of 3 the state board of regents. 4 Sec. 19. Section 262.34, subsection 1, Code 2011, 5 is amended to read as follows: 6 1. When the estimated cost of construction, 7 repairs, or improvement of buildings or grounds under 8 charge of the state board of regents exceeds one 9 hundred thousand dollars, the board shall advertise for 10 bids for the contemplated improvement or construction 11 and shall let the work to the lowest responsible 12 bidder. However, if in the judgment of the board bids 13 received are not acceptable, the board may reject all 14 bids and proceed with the construction, repair, or 15 improvement by a method as the board may determine. 16 All plans and specifications bid documents for repairs 17 or construction, together with bids on the plans or 18 specifications bid documents , shall be filed by the 19 board and be open for public inspection. All bids 20 submitted under this section shall be accompanied by a 21 deposit of money, a certified check, or a credit union 22 certified share draft in an amount as the board may 23 prescribe. 24 Sec. 20. Section 321.20B, subsection 6, Code 2011, 25 is amended to read as follows: 26 6. This section does not apply to a snowmobile or 27 all-terrain vehicle or to a motor vehicle identified in 28 section 321.18, subsections 1 through 6, and subsection 29 1, 2, 3, 4, 5, 6, or 8 . 30 Sec. 21. NEW SECTION . 327F.21 Railroad worker 31 walkways. 32 The state department of transportation shall adopt 33 rules requiring the provision of safe walkways for 34 railroad workers in areas where work is regularly 35 performed on the ground. 36 Sec. 22. Section 418.4, subsection 3, paragraph b, 37 as enacted by 2012 Iowa Acts, Senate File 2217, section 38 5, is amended to read as follows: 39 b. For projects proposing to use sales tax 40 increment revenues or approved by the board to use 41 sales tax increment revenues, the project, or an 42 earlier phase of the project, has been approved to 43 receive financial assistance in an amount equal to 44 at least twenty percent of the total project cost or 45 thirty million dollars, whichever is less, under a 46 financial assistance program administered by the United 47 States environmental protection agency, the federal 48 Water Resources Development Act , the federal Clean 49 Water Act as defined in section 455B.291, or other 50 -9- HF2465.6051 (1) 84 tm/jp 9/ 54
federal program providing assistance specifically for 1 hazard mitigation. 2 Sec. 23. Section 422.11D, subsection 2, Code 2011, 3 is amended to read as follows: 4 2. An individual may claim a historic preservation 5 and cultural and entertainment district tax credit 6 allowed a partnership, limited liability company, S 7 corporation, estate, or trust electing to have the 8 income taxed directly to the individual. The For 9 projects beginning before July 1, 2012, the amount 10 claimed by the individual shall be based upon the 11 pro rata share of the individual’s earnings of a 12 partnership, limited liability company, S corporation, 13 estate, or trust except when low-income housing tax 14 credits authorized under section 42 of the Internal 15 Revenue Code are used to assist in the financing 16 of the housing development in which case the amount 17 claimed by a partner if the business is a partnership, 18 a shareholder if the business is an S corporation, 19 or a member if the business is a limited liability 20 company shall be based on the amounts designated by 21 the eligible partnership, S corporation, or limited 22 liability company. For projects beginning on or 23 after July 1, 2012, the amount claimed by a partner 24 if the business is a partnership, a shareholder if 25 the business is an S corporation, or a member if the 26 business is a limited liability company shall be based 27 on the amounts designated by the eligible partnership, 28 S corporation, or limited liability company. 29 Sec. 24. Section 507.14, subsection 4, Code 2011, 30 is amended to read as follows: 31 4. Confidential documents, materials, information, 32 administrative or judicial orders, or other actions may 33 be disclosed to a regulatory official of any state, 34 federal agency, or foreign country provided that the 35 recipients are required, under their law, to maintain 36 their confidentiality. Confidential records may be 37 disclosed to the national association of insurance 38 commissioners , the international association of 39 insurance supervisors, and the bank for international 40 settlements provided that the association certifies 41 associations and bank certify by written statement that 42 the confidentiality of the records will be maintained. 43 Sec. 25. NEW SECTION . 514C.29 Services provided by 44 a doctor of chiropractic. 45 1. Notwithstanding the uniformity of treatment 46 requirements of section 514C.6, a policy, contract, or 47 plan providing for third-party payment or prepayment of 48 health or medical expenses shall not impose a copayment 49 or coinsurance amount on an insured for services 50 -10- HF2465.6051 (1) 84 tm/jp 10/ 54
provided by a doctor of chiropractic licensed pursuant 1 to chapter 151 that is greater than the copayment 2 or coinsurance amount imposed on the insured for 3 services provided by a person engaged in the practice 4 of medicine and surgery or osteopathic medicine and 5 surgery under chapter 148 for the same or a similar 6 diagnosed condition even if a different nomenclature is 7 used to describe the condition for which the services 8 are provided. 9 2. This section applies to the following classes 10 of third-party payment provider policies, contracts, 11 or plans delivered, issued for delivery, continued, or 12 renewed in this state on or after July 1, 2012: 13 a. Individual or group accident and sickness 14 insurance providing coverage on an expense-incurred 15 basis. 16 b. An individual or group hospital or medical 17 service contract issued pursuant to chapter 509, 514, 18 or 514A. 19 c. An individual or group health maintenance 20 organization contract regulated under chapter 514B. 21 d. A plan established pursuant to chapter 509A for 22 public employees. 23 e. An organized delivery system licensed by the 24 director of public health. 25 3. This section shall not apply to accident-only, 26 specified disease, short-term hospital or medical, 27 hospital confinement indemnity, credit, dental, vision, 28 Medicare supplement, long-term care, basic hospital 29 and medical-surgical expense coverage as defined 30 by the commissioner, disability income insurance 31 coverage, coverage issued as a supplement to liability 32 insurance, workers’ compensation or similar insurance, 33 or automobile medical payment insurance. 34 Sec. 26. REPEAL. 2012 Iowa Acts, House File 2168, 35 section 5, is repealed. 36 Sec. 27. HOUSING ENTERPRISE ZONE TAX CREDIT 37 ISSUANCE. 38 1. Notwithstanding section 15E.193B, subsection 4, 39 the authority may issue a tax credit to an eligible 40 housing business for a project not completed within two 41 years from the time the business began construction if 42 a city failed to file the appropriate paperwork with 43 the authority requesting an extension for the project 44 pursuant to section 15E.193B, subsection 4. 45 2. The authorization described in subsection 1 only 46 applies to projects for which a city failed to file 47 an extension between January 1, 2007, and January 1, 48 2008, and only to benefits earned for a project between 49 February 8, 2005, and February 8, 2008. 50 -11- HF2465.6051 (1) 84 tm/jp 11/ 54
Sec. 28. CODE EDITOR DIRECTIVE. Sections 572.1, 1 572.8, 572.10, 572.13, 572.18, 572.22, and 572.24, Code 2 and Code Supplement 2011, as amended by 2012 Iowa Acts, 3 House File 675, sections 2, 4, 6, 8, 15, 16, and 18, if 4 enacted, are amended as follows: 5 1. By striking from the sections the words “state 6 construction registry” and inserting in lieu thereof 7 the words “mechanics’ notice and lien registry”. 8 Sec. 29. CODE EDITOR DIRECTIVE. Sections 572.13A, 9 572.13B, and 572.34, if enacted by 2012 Iowa Acts, 10 House File 675, sections 9, 10, and 25, are amended as 11 follows: 12 1. By striking from the sections the words “state 13 construction registry” and inserting in lieu thereof 14 the words “mechanics’ notice and lien registry”. 15 Sec. 30. EFFECTIVE UPON ENACTMENT. The following 16 provision or provisions of this division of this Act, 17 being deemed of immediate importance, take effect upon 18 enactment: 19 1. The section of this division of this Act 20 enacting section 15E.71. 21 2. The section of this division of this Act 22 enacting section 256C.4, subsection 1, paragraphs “g” 23 and “h”. 24 3. The section of this division of this Act 25 amending section 418.4, subsection 3, paragraph “b”, as 26 enacted by 2012 Iowa Acts, Senate File 2217, section 5. 27 4. The section of this division of this Act 28 amending 2010 Iowa Acts, chapter 1193, section 29, 29 subsection 2, as enacted by 2011 Iowa Acts, chapter 30 127, section 54. 31 5. The section of this division of this Act 32 amending 2007 Iowa Acts, chapter 219, section 2, 33 subsection 2, paragraph a, as enacted by 2011 Iowa 34 Acts, chapter 133, section 32. 35 Sec. 31. EFFECTIVE DATE. The sections of this 36 division of this Act amending sections 572.1, 572.8, 37 572.10, 572.13, 572.13A, 572.13B, 572.18, 572.22, 38 572.24, and 572.34, take effect January 1, 2013. 39 Sec. 32. RETROACTIVE APPLICABILITY. The following 40 provision or provisions of this division of this Act 41 apply retroactively to April 19, 2012: 42 1. The section of this division of this Act 43 amending section 418.4, subsection 3, paragraph “b”, as 44 enacted by 2012 Iowa Acts, Senate File 2217, section 5. 45 DIVISION III 46 CORRECTIVE PROVISIONS 47 Sec. 33. Section 9B.2, subsection 10, paragraph a, 48 if enacted by 2012 Iowa Acts, Senate File 2265, section 49 2, is amended to read as follows: 50 -12- HF2465.6051 (1) 84 tm/jp 12/ 54 #1. #1.
a. “Personal appearance” means an act of a party 1 to physically appear within the presence of a notary 2 public notarial officer at the time the notarization 3 occurs notarial act is performed . 4 Sec. 34. Section 105.2, subsection 8, Code 5 Supplement 2011, as amended by 2012 Iowa Acts, House 6 File 2285, section 1, if enacted, is amended to read 7 as follows: 8 8. “Hydronic” means a heating or cooling system 9 that transfers heating or cooling by circulating fluid 10 through a closed system, including boilers, pressure 11 vessels, refrigerated equipment in connection with 12 chilled water systems, all steam piping, hot or chilled 13 water piping together with all control devices and 14 accessories, installed as part of, or in connection 15 with, any heating or cooling system or appliance whose 16 primary purpose is to provide comfort using a liquid, 17 water, or steam as the heating or cooling media. 18 “Hydronic” includes all low-pressure and high-pressure 19 systems and all natural, propane, liquid propane, or 20 other gas lines associated with any component of a 21 hydronic system. For purposes of this definition, 22 “primary purpose is to provide comfort” means a system 23 or appliance in which at least fifty-one percent of 24 the capacity generated by its operation, on an annual 25 average, is dedicated to comfort heating or cooling. 26 Sec. 35. Section 135.156E, subsection 1, paragraph 27 b, if enacted by 2012 Iowa Acts, Senate File 2318, 28 section 14, is amended to read as follows: 29 b. Require authentication controls to verify the 30 identify identity and role of the participant using the 31 Iowa health information network. 32 Sec. 36. Section 135C.6, subsection 8, paragraphs a 33 and b, Code 2011, as amended by 2012 Iowa Acts, Senate 34 File 2247, section 15, are amended to read as follows: 35 a. Residential programs providing care to not more 36 than four individuals and receiving moneys appropriated 37 to the department of human services under provisions of 38 a federally approved home and community-based services 39 waiver for persons with an intellectual disabilities 40 disability or other medical assistance program under 41 chapter 249A . In approving a residential program under 42 this paragraph, the department of human services shall 43 consider the geographic location of the program so as 44 to avoid an overconcentration of such programs in an 45 area. In order to be approved under this paragraph, a 46 residential program shall not be required to involve 47 the conversion of a licensed residential care facility 48 for persons with an intellectual disability. 49 b. Not more than forty residential care facilities 50 -13- HF2465.6051 (1) 84 tm/jp 13/ 54
for persons with an intellectual disability that are 1 licensed to serve not more than five individuals may 2 be authorized by the department of human services 3 to convert to operation as a residential program 4 under the provisions of a medical assistance home and 5 community-based services waiver for persons with an 6 intellectual disabilities disability . A converted 7 residential program operating under this paragraph 8 is subject to the conditions stated in paragraph “a” 9 except that the program shall not serve more than five 10 individuals. 11 Sec. 37. Section 144D.3, subsection 4, as enacted 12 by 2012 Iowa Acts, House File 2165, section 4, is 13 amended to read as follows: 14 4. In the absence of actual notice of the 15 revocation of a POST form, a health care provider, 16 hospital, health care facility, or any other person who 17 complies with a POST form shall not be subject to civil 18 or criminal liability or professional disciplinary 19 action for actions taken under this chapter which are 20 in accordance with reasonable medical standards. A 21 health care provider, hospital, health care facility, 22 or other person against whom criminal or civil 23 liability or professional disciplinary action is 24 asserted because of conduct in compliance with this 25 chapter may interpose the restriction on liability in 26 this paragraph subsection as an absolute defense. 27 Sec. 38. Section 152B.2, subsection 1, paragraph 28 a, subparagraph (2), Code 2011, as amended by 2012 29 Iowa Acts, Senate File 2248, section 2, if enacted, is 30 amended to read as follows: 31 (2) Direct and indirect respiratory care services 32 including but not limited to the administration of 33 pharmacological and diagnostic and therapeutic agents 34 related to respiratory care procedures necessary to 35 implement a treatment, disease prevention, pulmonary 36 rehabilitative, or diagnostic regimen prescribed by a 37 licensed physician , or surgeon , or a qualified health 38 care professional prescriber. 39 Sec. 39. Section 152B.3, subsection 1, unnumbered 40 paragraph 1, Code 2011, as amended by 2012 Iowa Acts, 41 Senate File 2248, section 5, if enacted, is amended to 42 read as follows: 43 The performance of respiratory care shall be 44 in accordance with the prescription of a licensed 45 physician , or surgeon , or a qualified health care 46 professional prescriber and includes but is not limited 47 to the diagnostic and therapeutic use of the following: 48 Sec. 40. Section 152B.3, subsection 2, Code 2011, 49 as amended by 2012 Iowa Acts, Senate File 2248, section 50 -14- HF2465.6051 (1) 84 tm/jp 14/ 54
6, if enacted, is amended to read as follows: 1 2. A respiratory care practitioner may transcribe 2 and implement a written or verbal order from a licensed 3 physician , or surgeon , or a qualified health care 4 professional prescriber pertaining to the practice of 5 respiratory care. 6 Sec. 41. Section 152B.4, Code 2011, as amended 7 by 2012 Iowa Acts, Senate File 2248, section 7, if 8 enacted, is amended to read as follows: 9 152B.4 Location of respiratory care. 10 The practice of respiratory care may be performed 11 in a hospital as defined in section 135B.1, subsection 12 3 , and other settings where respiratory care is to 13 be provided in accordance with a prescription of a 14 licensed physician , or surgeon , or a qualified health 15 care professional prescriber. Respiratory care may 16 be provided during transportation of a patient and 17 under circumstances where an emergency necessitates 18 respiratory care. 19 Sec. 42. Section 161A.63, Code 2011, as amended 20 by 2012 Iowa Acts, Senate File 2311, section 16, if 21 enacted, is amended to read as follows: 22 161A.63 Right of purchaser of agricultural land to 23 obtain information. 24 A prospective purchaser of an interest in 25 agricultural land located in this state is entitled 26 to obtain from the seller, or from the office of the 27 soil and water conservation district in which the land 28 is located, a copy of the most recently updated farm 29 unit soil conservation plan, developed pursuant to 30 section 161A.62, subsection 2 , which are is applicable 31 to the agricultural land proposed to be purchased. A 32 prospective purchaser of an interest in agricultural 33 land located in this state is entitled to obtain 34 additional copies of either or both of the documents 35 document referred to in this section from the office of 36 the soil and water conservation district in which the 37 land is located, promptly upon request, at a fee not to 38 exceed the cost of reproducing them. All persons who 39 identify themselves to the commissioners or staff of 40 a soil and water conservation district as prospective 41 purchasers of agricultural land in the district shall 42 be given information, prepared in accordance with 43 rules of the department, which clearly explains the 44 provisions of section 161A.76 . 45 Sec. 43. Section 203C.14, Code 2011, as amended 46 by 2012 Iowa Acts, Senate File 2311, section 107, if 47 enacted, is amended to read as follows: 48 203C.14 Suit —— claims —— notice of revocation. 49 1. A person injured by the breach of an obligation 50 -15- HF2465.6051 (1) 84 tm/jp 15/ 54
of a warehouse operator, for the performance of which a 1 bond on agricultural products other than bulk grain, a 2 deficiency bond, or an irrevocable letter of credit has 3 been given under any of the provisions of this chapter , 4 may sue on the bond on agricultural products other than 5 bulk grain, deficiency bond, or irrevocable letter of 6 credit in the person’s own name in a court of competent 7 jurisdiction to recover any damages the person has 8 sustained by reason of the breach. 9 2. a. Upon the cessation of a warehouse operator’s 10 license due to revocation, cancellation, or expiration, 11 a claim against the warehouse operator arising 12 under this chapter shall be made in writing with 13 the warehouse operator, with the issuer of a bond 14 on agricultural products other than bulk grain, a 15 deficiency bond, or an irrevocable letter of credit, 16 and, if the claim relates to bulk grain, with the 17 department. The claim must be made within one hundred 18 twenty days after the cessation of the license. The 19 failure to make a timely claim relieves the issuer 20 and, if the claim relates to bulk grain, the grain 21 depositors and sellers indemnity fund provided in 22 chapter 203D of all obligations to the claimant. 23 3. b. Upon revocation of a warehouse license, the 24 department shall cause notice of the revocation to be 25 published once each week for two consecutive weeks 26 in a newspaper of general circulation in each of the 27 counties in which the licensee maintains a business 28 location and in a newspaper of general circulation 29 within the state. The notice shall state the name and 30 address of the warehouse operator and the effective 31 date of revocation. The notice shall also state that 32 any claims against the warehouse operator shall be made 33 in writing and sent by ordinary mail to the warehouse 34 operator, to the issuer of a bond on agricultural 35 products other than bulk grain, deficiency bond, or an 36 irrevocable letter of credit, and to the department 37 within one hundred twenty days after revocation, and 38 the notice shall state that the failure to make a 39 timely claim does not relieve the warehouse operator 40 from liability to the claimant. 41 c. This paragraph subsection does not apply if 42 a receiver is appointed as provided in this chapter 43 pursuant to a petition which is filed by the department 44 prior to the expiration of one hundred twenty days 45 after revocation, termination, or cancellation 46 cessation of warehouse operator’s license. 47 Sec. 44. Section 249A.12, subsection 5, paragraph 48 a, unnumbered paragraph 1, Code 2011, as amended by 49 2012 Iowa Acts, Senate File 2247, section 101, is 50 -16- HF2465.6051 (1) 84 tm/jp 16/ 54
amended to read as follows: 1 The mental health and disability services commission 2 shall recommend to the department the actions necessary 3 to assist in the transition of individuals being served 4 in an intermediate care facility for persons with 5 an intellectual disability, who are appropriate for 6 the transition, to services funded under a medical 7 assistance home and community-based services waiver 8 for persons with an intellectual disability in a 9 manner which maximizes the use of existing public and 10 private facilities. The actions may include but are 11 not limited to submitting any of the following or 12 a combination of any of the following as a request 13 for a revision of the medical assistance home and 14 community-based services waiver for persons with an 15 intellectual disabilities disability : 16 Sec. 45. Section 261.115, subsection 3, paragraphs 17 c and d, if enacted by 2012 Iowa Acts, House File 2458, 18 section 1, are amended to read as follows: 19 c. Complete their the residency program requirement 20 with an Iowa-based residency program. 21 d. Within nine months of graduating from their the 22 residency program and receiving a permanent license in 23 accordance with paragraph “b” , engage in the full-time 24 practice of medicine and surgery or osteopathic 25 medicine and surgery specializing in family medicine, 26 pediatrics, psychiatry, internal medicine, or general 27 surgery for a period of sixty consecutive months in the 28 service commitment area specified under subsection 6, 29 unless the loan repayment recipient receives a waiver 30 from the commission to complete the months of practice 31 required under the agreement in another service 32 commitment area pursuant to subsection 6. 33 Sec. 46. Section 261.115, subsection 8, if enacted 34 by 2012 Iowa Acts, House File 2458, section 1, is 35 amended to read as follows: 36 8. Part-time practice —— agreement amended. A 37 person who entered into an agreement pursuant to 38 subsection 3 may apply to the commission to amend the 39 agreement to allow the person to engage in less than 40 the full-time practice specified in the agreement and 41 under subsection 3, paragraph “d” . If the commission 42 determines exceptional circumstances exist, the 43 commission and the person may consent to amend the 44 agreement under which the person shall engage in less 45 than full-time practice of medicine and surgery or 46 osteopathic medicine and surgery specializing in family 47 medicine, pediatrics, psychiatry, internal medicine, 48 or general surgery in a service commitment area for 49 an extended period of part-time practice determined 50 -17- HF2465.6051 (1) 84 tm/jp 17/ 54
by the commission to be proportional to the amount 1 of full-time practice remaining under the original 2 agreement. 3 Sec. 47. Section 261.115, subsection 9, paragraph 4 b, if enacted by 2012 Iowa Acts, House File 2458, 5 section 1, is amended to read as follows: 6 b. Except for a postponement under paragraph “a” , 7 subparagraph (6), an obligation to engage in practice 8 under an agreement entered into pursuant to subsection 9 3, shall not be postponed for more than two years from 10 the time the full-time practice was to have commenced 11 under the agreement. 12 Sec. 48. Section 273.2, subsection 3, Code 13 Supplement 2011, as amended by 2012 Iowa Acts, Senate 14 File 2203, section 38, if enacted, is amended to read 15 as follows: 16 3. The area education agency board shall furnish 17 educational services and programs as provided in 18 sections section 273.1, this section, sections 273.3 19 to 273.9, and chapter 256B to the pupils enrolled 20 in public or nonpublic schools located within its 21 boundaries which are on the list of accredited schools 22 pursuant to section 256.11 . The programs and services 23 provided shall be at least commensurate with programs 24 and services existing on July 1, 1974. The programs 25 and services provided to pupils enrolled in nonpublic 26 schools shall be comparable to programs and services 27 provided to pupils enrolled in public schools within 28 constitutional guidelines. 29 Sec. 49. Section 321.188, subsection 6, paragraph 30 c, if enacted by 2012 Iowa Acts, House File 2403, 31 section 1, is amended to read as follows: 32 c. An applicant who obtains a skills test waiver 33 under this subsection shall take and successfully pass 34 the knowledge test required pursuant to subsection 2 1 . 35 Sec. 50. Section 321.323A, subsection 3, paragraph 36 c, subparagraph (1), if enacted by 2012 Iowa Acts, 37 House File 2228, section 3, is amended to read as 38 follows: 39 (1) For a violation causing damage to the property 40 of another person, but not resulting in bodily injury 41 to or death of to another person, the department shall 42 suspend the violator’s driver’s license or operating 43 privileges for ninety days. 44 Sec. 51. Section 321.457, subsection 2, paragraph 45 n, subparagraph (4), if enacted by 2012 Iowa Acts, 46 House File 2428, section 1, is amended to read as 47 follows: 48 (4) For purposes of this paragraph “n” , “full 49 trailer” means as defined in 49 C.F.R. § 390 390.5 . 50 -18- HF2465.6051 (1) 84 tm/jp 18/ 54
Sec. 52. Section 321I.7, subsection 3, Code 2011, 1 as amended by 2012 Iowa Acts, House File 2467, section 2 39, is amended to read as follows: 3 3. Duplicate registrations may be issued by a 4 county recorder or a license agent and upon the payment 5 of a five dollar fee plus a writing fee as provided in 6 section 321I.29. 7 Sec. 53. Section 322.5, subsection 6, paragraph b, 8 subparagraph (2), if enacted by 2012 Iowa Acts, Senate 9 File 2249, section 4, is amended to read as follows: 10 (2) The state in which the person is licensed as 11 a motor vehicle dealer allows a motor vehicle dealer 12 licensed in Iowa to be issued a permit substantially 13 similar to the temporary permit authorized under this 14 section subsection . 15 Sec. 54. Section 326.3, subsection 19, if enacted 16 by 2012 Iowa Acts, Senate File 2216, section 18, is 17 amended to read as follows: 18 19. “Operational records” means source documents 19 that evidence distance traveled by a fleet in each 20 member jurisdiction, such as furl fuel reports, trip 21 sheets, and driver logs, including those which may 22 be generated through on-board devices and maintained 23 electronically, as required by the audit procedures 24 manual. 25 Sec. 55. Section 418.4, subsection 1, paragraph b, 26 if enacted by 2012 Iowa Acts, Senate File 2217, section 27 5, is amended to read as follows: 28 b. A governmental entity as defined in section 29 418.1, subsection 4, paragraph “c” , shall have the 30 power to construct, acquire, own, repair, improve, 31 operate, and maintain a project, may sue and be sued, 32 contract, and acquire and hold real and personal 33 property, subject to the limitation in paragraph “c” , 34 and shall have such other powers as may be included in 35 the chapter 28E agreement. Such a governmental entity 36 may contract with a city or the county participating in 37 the chapter 28E agreement to perform any governmental 38 service, activity, or undertaking that the city or 39 county is authorized by law to perform, including but 40 not limited to contracts for administrative services. 41 Sec. 56. Section 418.5, subsection 7, if enacted by 42 2012 Iowa Acts, Senate File 2217, section 6, is amended 43 to read as follows: 44 7. A majority of the board voting members 45 constitutes a quorum. 46 Sec. 57. Section 418.9, subsection 2, paragraph g, 47 if enacted by 2012 Iowa Acts, Senate File 2217, section 48 10, is amended to read as follows: 49 g. Whether the project plan is consistent with 50 -19- HF2465.6051 (1) 84 tm/jp 19/ 54
the applicable comprehensive , countywide emergency 1 operations plan in effect and other applicable local 2 hazard mitigation plans. 3 Sec. 58. Section 504.719, subsection 3, as enacted 4 by 2012 Iowa Acts, Senate File 2260, section 8, is 5 amended to read as follows: 6 3. An inspector may, but is not required to, be a 7 director, member of a designated body, member, officer, 8 or employee of the corporation. A person who is a 9 candidate for an office to be filled at the meeting 10 shall not be an inspector at that meeting. 11 Sec. 59. Section 508.37, subsection 5, paragraph c, 12 Code 2011, as amended by 2012 Iowa Acts, Senate File 13 2203, section 105, if enacted, is amended to read as 14 follows: 15 c. The adjusted premiums for a policy providing 16 term insurance benefits by rider or supplemental policy 17 provision shall be equal to (1) the adjusted premiums 18 for an otherwise similar policy issued at the same age 19 without such term insurance benefits, increased during 20 the period for which premiums for such term insurance 21 benefits are payable, by (2) the adjusted premiums 22 for such term insurance, the foregoing items (1) and 23 (2) being calculated separately and as specified in 24 paragraphs “a” and “b” of this subsection except that, 25 for the purposes of of paragraph “a” , subparagraph 26 (1), subparagraph divisions (b), (c), and (d), the 27 amount of insurance or equivalent uniform amount of 28 insurance used in the calculation of the adjusted 29 premiums referred to in item (2) in this paragraph 30 shall be equal to the excess of the corresponding 31 amount determined for the entire policy over the amount 32 used in the calculation of the adjusted premiums in 33 item (1) in this paragraph. 34 Sec. 60. Section 515I.1, subsection 2, if enacted 35 by 2012 Iowa Acts, House File 2145, section 1, is 36 amended to read as follows: 37 2. This division chapter shall be liberally 38 construed to promote these purposes. 39 Sec. 61. Section 536A.10, Code 2011, as amended 40 by 2012 Iowa Acts, Senate File 2203, section 139, if 41 enacted, is amended to read as follows: 42 536A.10 Issuance of license. 43 1. If The superintendent shall approve the 44 application and issue to the applicant a license 45 to engage in the industrial loan business in 46 accordance with the provisions of this chapter , if the 47 superintendent shall find: 48 a. That the financial responsibility, experience, 49 character and general fitness of the applicant and 50 -20- HF2465.6051 (1) 84 tm/jp 20/ 54
of the officers thereof are such as to command the 1 confidence of the community, and to warrant the belief 2 that the business will be operated honestly, fairly and 3 efficiently within the purpose of this chapter ; 4 b. That a reasonable necessity exists for a new 5 industrial loan company in the community to be served; 6 c. That the applicant has available for the 7 operation of the business at the specified location 8 paid-in capital and surplus as required by section 9 536A.8 ; and 10 d. That the applicant is a corporation organized 11 for pecuniary profit under the laws of the state of 12 Iowa. 13 2. The superintendent shall approve the application 14 and issue to the applicant a license to engage in 15 the industrial loan business in accordance with the 16 provisions of this chapter . The superintendent shall 17 approve or deny an application for a license within one 18 hundred twenty days from the date of the filing of such 19 application. 20 Sec. 62. Section 602.9202, subsection 4, Code 2011, 21 as amended by 2012 Iowa Acts, Senate File 2285, section 22 106, is amended to read as follows: 23 4. “Senior judge retirement age” means seventy-eight 24 years of age or, if the senior judge is reappointed as 25 a senior judge for an additional one-year term upon 26 attaining seventy-eight years of age , and then to a 27 succeeding one-year term, pursuant to section 602.9203 , 28 eighty years of age. 29 Sec. 63. Section 617.11, subsection 3, unnumbered 30 paragraph 1, if enacted by 2012 Iowa Acts, House File 31 2370, section 1, is amended to read as follows: 32 If a claim of interest against the property is 33 acquired prior to the indexing of a petition or 34 municipal infraction citation affecting real estate 35 and filed by a city and such claim is not indexed or 36 filed of record prior to the indexing of the petition 37 or citation, it is subject to the pending action 38 as provided in subsection 1, unless either of the 39 following occurs: 40 Sec. 64. EFFECTIVE DATE. The section of this 41 division of this Act amending section 9B.2, subsection 42 10, paragraph a, takes effect January 1, 2013. 43 Sec. 65. EFFECTIVE UPON ENACTMENT. The section 44 of this division of this Act amending section 105.2, 45 subsection 8, being deemed of immediate importance, 46 takes effect upon enactment. 47 Sec. 66. RETROACTIVE APPLICABILITY. The section 48 of this division of this Act amending section 105.2, 49 subsection 8, applies retroactively to the effective 50 -21- HF2465.6051 (1) 84 tm/jp 21/ 54
date of 2012 Iowa Acts, House File 2285. 1 Sec. 67. EFFECTIVE UPON ENACTMENT. The section of 2 this division of this Act amending section 135.156E, 3 subsection 1, paragraph b, being deemed of immediate 4 importance, takes effect upon enactment. 5 Sec. 68. RETROACTIVE APPLICABILITY. The section of 6 this division of this Act amending section 135.156E, 7 subsection 1, paragraph b, applies retroactively to the 8 effective date of 2012 Iowa Acts, Senate File 2318. 9 Sec. 69. EFFECTIVE UPON ENACTMENT. The section 10 of this division of this Act amending section 322.5, 11 subsection 6, paragraph “b”, subparagraph (2), being 12 deemed of immediate importance, takes effect upon 13 enactment. 14 Sec. 70. RETROACTIVE APPLICABILITY. The section 15 of this division of this Act amending section 322.5, 16 subsection 6, paragraph “b”, subparagraph (2), applies 17 retroactively to the effective date of 2012 Iowa Acts, 18 Senate File 2249. 19 Sec. 71. EFFECTIVE UPON ENACTMENT. The sections 20 of this division of this Act amending section 418.4, 21 subsection 1, paragraph b, section 418.5, subsection 22 7, and section 418.9, subsection 2, paragraph g, 23 being deemed of immediate importance, take effect upon 24 enactment. 25 Sec. 72. RETROACTIVE APPLICABILITY. The sections 26 of this division of this Act amending section 418.4, 27 subsection 1, paragraph b, section 418.5, subsection 28 7, and section 418.9, subsection 2, paragraph g, apply 29 retroactively to the effective date of 2012 Iowa Acts, 30 Senate File 2217. 31 Sec. 73. EFFECTIVE UPON ENACTMENT. The section 32 of this division of this Act amending section 515I.1, 33 subsection 2, being deemed of immediate importance, 34 takes effect upon enactment. 35 Sec. 74. RETROACTIVE APPLICABILITY. The section 36 of this division of this Act amending section 515I.1, 37 subsection 2, applies retroactively to the effective 38 date of 2012 Iowa Acts, House File 2145. 39 DIVISION IV 40 CARRY FORWARD APPROPRIATIONS 41 Sec. 75. IOWA STATE MEMORIAL —— RESTORATION. There 42 is appropriated from the general fund of the state to 43 the department of cultural affairs for the fiscal year 44 beginning July 1, 2011, and ending June 30, 2012, the 45 following amount, or so much thereof as is necessary, 46 to be used for the purposes designated: 47 For the preservation and restoration of the Iowa 48 state memorial at Vicksburg national military park: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 320,000 50 -22- HF2465.6051 (1) 84 tm/jp 22/ 54
Notwithstanding section 8.33, moneys appropriated in 1 this section that remain unencumbered or unobligated 2 at the close of the fiscal year shall not revert but 3 shall remain available for expenditure for the purposes 4 designated until the close of the fiscal year that 5 begins July 1, 2013. 6 Sec. 76. MALCOLM PRICE LABORATORY SCHOOL. 7 1. INTERIM STUDY. 8 a. The legislative council is requested to 9 establish an interim study committee for the 2012 10 legislative interim to study the method of education 11 and training persons who are attending an institution 12 under the control of the board of regents with the 13 intent to become a prekindergarten through grade twelve 14 school educator. The study shall include but is not 15 limited to: 16 (1) A review and analysis of the educational 17 methods used in a laboratory school, such as the 18 Malcolm Price laboratory school on the campus of 19 the university of northern Iowa, to enhance the 20 preparation, training, and professional competence of 21 the educators in this state. 22 (2) A review and analysis of the education methods, 23 which are alternatives to those applied in a laboratory 24 school, used to enhance the preparation, training, and 25 professional competence of the educators in this state. 26 (3) A comprehensive financial analysis of the costs 27 of the methods presented for review and analysis under 28 this lettered paragraph. 29 (4) Such other matters as the legislative members 30 of the committee determine are in the best interest of 31 the state to enhance the preparation and professional 32 competence of the educators in this state. 33 b. In addition to legislative members, the 34 membership of the interim study committee shall include 35 the following public members: 36 (1) Three persons with expertise in the 37 preparation, training, and professional competence of 38 prekindergarten through grade twelve educators. One 39 member shall be appointed by the board of education. 40 One member shall be appointed by the board of regents. 41 One member shall be appointed by the dean of the 42 department of education at the university of northern 43 Iowa. 44 (2) Three public members appointed by the 45 legislative council including one person who is a 46 graduate of the Malcolm Price laboratory school on the 47 university of northern Iowa campus, one person who is 48 a prekindergarten through grade twelve educator in the 49 Cedar Falls community school district, and one person 50 -23- HF2465.6051 (1) 84 tm/jp 23/ 54
who is an administrator of a prekindergarten through 1 grade twelve school in the Cedar Falls community school 2 district. 3 c. The committee shall meet at least twice during 4 the 2012 legislative interim and shall submit findings 5 and any recommendations in a report for consideration 6 during the 2013 session of the general assembly. 7 2. APPROPRIATION. There is appropriated from 8 the general fund of the state to the state board of 9 regents for the fiscal year beginning July 1, 2011, and 10 ending June 30, 2012, the following amount, or so much 11 thereof as is necessary, to be used for the purposes 12 designated: 13 For the Malcolm Price laboratory school at the 14 university of northern Iowa during the fiscal year 15 beginning July 1, 2012: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 17 Notwithstanding section 8.33, moneys appropriated in 18 this subsection that remain unencumbered or unobligated 19 at the close of the fiscal year shall not revert but 20 shall remain available for expenditure for the purposes 21 designated until the close of the succeeding fiscal 22 year. 23 Sec. 77. DEPARTMENT OF NATURAL RESOURCES —— 24 ECONOMIC EMERGENCY FUND. There is appropriated from 25 the Iowa economic emergency fund to the department of 26 natural resources for the fiscal year beginning July 1, 27 2011, and ending June 30, 2012, the following amount, 28 or so much thereof as is necessary, to be used for the 29 purposes designated, notwithstanding section 8.55, 30 subsection 1: 31 For the repair of damages due to the flooding of the 32 Missouri river during the calendar year 2011 in the 33 Lewis and Clark, lake Manawa, and Wilson island state 34 parks and recreation area: 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,865,743 36 For purposes of section 8.33, unless specifically 37 provided otherwise, unencumbered or unobligated 38 moneys remaining from the appropriation made in this 39 section shall not revert but shall remain available 40 for expenditure for the purposes designated until the 41 close of the fiscal year that ends two years after the 42 end of the fiscal year for which the appropriation is 43 made. However, if the project or projects for which 44 the appropriation was made are completed in an earlier 45 fiscal year, unencumbered or unobligated moneys shall 46 revert at the close of that same fiscal year. 47 Sec. 78. STATEWIDE FIRE AND POLICE RETIREMENT 48 SYSTEM FUND —— APPROPRIATION. 49 1. There is appropriated from the general fund 50 -24- HF2465.6051 (1) 84 tm/jp 24/ 54
of the state for deposit in the statewide fire and 1 police retirement fund created in section 411.8, for 2 the fiscal year beginning July 1, 2011, and ending June 3 30, 2012, the following amount to be credited to the 4 retirement fund in the succeeding fiscal year: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 6 2. Moneys appropriated by the state pursuant to 7 this section shall not be used to reduce the normal 8 rate of contribution of any city below 17 percent. 9 3. Notwithstanding section 8.33, moneys 10 appropriated in this section that remain unencumbered 11 or unobligated at the close of the fiscal year shall 12 not revert but shall remain available for expenditure 13 for the purposes designated until expended. 14 Sec. 79. PUBLIC SAFETY TRAINING AND FACILITIES TASK 15 FORCE. 16 1. a. There is appropriated from the general fund 17 of the state to the department of public safety for the 18 fiscal period beginning July 1, 2011, and ending June 19 30, 2012, the following amount, or so much thereof as 20 is necessary, to be used for the purposes designated: 21 For providing administrative support for the public 22 safety training and facilities task force established 23 by this section: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 25 b. Notwithstanding section 8.33, moneys 26 appropriated in this subsection that remain 27 unencumbered or unobligated at the close of the fiscal 28 year shall not revert but shall remain available for 29 expenditure for the purposes designated until the close 30 of the succeeding fiscal year. 31 2. A public safety training and facilities task 32 force is established. The department of public safety 33 shall provide administrative support for the task 34 force. 35 3. The task force shall consist of the following 36 members: 37 a. One member appointed by the Iowa peace officers 38 association. 39 b. One member appointed by the Iowa state sheriff’s 40 and deputies association. 41 c. One member appointed by the Iowa police chiefs 42 association. 43 d. One member who is a fire chief appointed by the 44 Iowa fire chiefs association. 45 e. One member who is a fire chief appointed by the 46 Iowa professional fire chiefs association. 47 f. One member who is the chief of the Iowa fire 48 service training bureau or the chief’s designee. 49 g. Two members who are representatives of the fire 50 -25- HF2465.6051 (1) 84 tm/jp 25/ 54
service appointed by the Iowa firefighters association. 1 h. The administrative head of the homeland security 2 and emergency management division of the department 3 of public defense, or its successor agency, or the 4 administrative head’s designee. 5 i. The adjutant general of the department of public 6 defense or the adjutant general’s designee. 7 j. The director of the Iowa law enforcement academy 8 or the director’s designee. 9 k. The commissioner of public safety or the 10 commissioner’s designee. 11 l. Two members who are appointed by the Iowa 12 professional firefighters. 13 m. The state fire marshal or the state fire 14 marshal’s designee. 15 n. The director of the department of corrections or 16 the director’s designee. 17 o. One member appointed by the chief of the bureau 18 of emergency medical services of the Iowa department 19 of public health. 20 p. One member appointed by the Iowa emergency 21 medical services association. 22 q. One member appointed by the Iowa state police 23 association. 24 r. One member appointed by the state police 25 officers council who is representing peace officers 26 within the department of public safety. 27 s. One member appointed by the state police 28 officers council who is representing employees of the 29 department of natural resources. 30 t. One member who is the chief of the law 31 enforcement bureau of the department of natural 32 resources or the chief’s designee. 33 u. One member appointed by the governor who 34 is a public member who has no personal interest 35 or occupational responsibilities in the area of 36 responsibility given to the task force and represents 37 the interests of the public in general. 38 v. One member appointed by the collective 39 bargaining unit that represents the largest number of 40 employees in the department of corrections. 41 w. One member appointed by the collective 42 bargaining unit that represents the largest number of 43 jailers and dispatchers in this state. 44 x. One member appointed by the Iowa association of 45 community college presidents. 46 4. The members of the task force shall select 47 one chairperson and one vice chairperson. The vice 48 chairperson shall preside in the absence of the 49 chairperson. Section 69.16A shall apply to the 50 -26- HF2465.6051 (1) 84 tm/jp 26/ 54
appointed members of the task force. 1 5. The task force shall consider and develop 2 strategies relating to public safety training 3 facility governance with the goal of all public safety 4 disciplines being represented. Each public safety 5 discipline shall advise the task force by developing 6 individual training policies as determined by the 7 discipline’s governing bodies. The task force shall 8 also develop a proposal for a joint public safety 9 training facility, a budget for construction and future 10 operation of this facility, and potential locations, 11 that are centrally located in this state, for the 12 facility. 13 6. a. The task force shall provide interim reports 14 to the general assembly by December 31 of each year 15 concerning the activities of the task force and shall 16 submit its final report, including its findings and 17 recommendations, to the general assembly by December 18 31, 2015. 19 b. The final report shall include but not be 20 limited to recommendations concerning the following: 21 (1) Consolidation of public safety governance 22 within a single board and the membership of the board. 23 (2) Development of a consolidated fire and police 24 public safety training facility, including possible 25 locations, building recommendations, and financing 26 options. 27 (3) Development of sustainable funding alternatives 28 for public safety training and facilities. 29 (4) Any other recommendations relating to public 30 safety training and facilities requirements. 31 Sec. 80. WATERSHED IMPROVEMENT FUND —— 32 APPROPRIATION. There is appropriated from the general 33 fund of the state to the department of agriculture and 34 land stewardship for the fiscal year beginning July 1, 35 2011, and ending June 30, 2012, the following amount, 36 or so much thereof as is necessary, to be used for the 37 purposes designated: 38 For deposit in the watershed improvement fund 39 created in section 466A.2: 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 41 Notwithstanding section 8.33, moneys appropriated in 42 this section that remain unencumbered or unobligated 43 at the close of the fiscal year shall not revert but 44 shall remain available for expenditure for the purposes 45 designated until the close of the succeeding fiscal 46 year. 47 Sec. 81. BIOSCIENCE INITIATIVE —— IOWA STATE 48 UNIVERSITY —— APPROPRIATION. There is appropriated 49 from the general fund of the state to the state board 50 -27- HF2465.6051 (1) 84 tm/jp 27/ 54
of regents for the fiscal year beginning July 1, 2011, 1 and ending June 30, 2012, the following amount, or 2 so much thereof as is necessary, to be used for the 3 purposes designated: 4 For the bioscience initiative at Iowa state 5 university of science and technology: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,500,000 7 Notwithstanding section 8.33, moneys appropriated in 8 this section that remain unencumbered or unobligated 9 at the close of the fiscal year shall not revert but 10 shall remain available for expenditure for the purposes 11 designated until expended. 12 Sec. 82. EFFECTIVE UPON ENACTMENT. This division 13 of this Act, being deemed of immediate importance, 14 takes effect upon enactment. 15 DIVISION V 16 DEPARTMENT OF REVENUE 17 Sec. 83. Section 2.48, subsection 3, paragraph c, 18 subparagraph (4), Code 2011, is amended by striking the 19 subparagraph. 20 Sec. 84. Section 2.48, subsection 3, paragraph e, 21 subparagraph (5), Code 2011, is amended by striking the 22 subparagraph. 23 Sec. 85. Section 15.119, subsection 2, paragraph 24 e, Code Supplement 2011, is amended by striking the 25 paragraph. 26 Sec. 86. Section 422.15, subsection 2, Code 2011, 27 is amended to read as follows: 28 2. Every partnership , including limited 29 partnerships organized under chapter 488 , having a 30 place of business in the state doing business in this 31 state or deriving income from sources within this state 32 as defined in section 422.33, subsection 1 , shall make 33 a return, stating specifically the net income and 34 capital gains (or losses) or losses reported on the 35 federal partnership return, the names and addresses 36 of the partners, and their respective shares in said 37 amounts. 38 Sec. 87. Section 422.25, subsection 1, paragraph b, 39 Code 2011, is amended to read as follows: 40 b. The period for examination and determination of 41 the correct amount of tax is unlimited in the case of 42 a false or fraudulent return made with the intent to 43 evade tax or in the case of a failure to file a return. 44 In lieu of the period of limitation for any prior year 45 for which an overpayment of tax or an elimination or 46 reduction of an underpayment of tax due for that prior 47 year results from the carryback to that prior year of a 48 net operating loss or net capital loss, the period is 49 the period of limitation for the taxable year of the 50 -28- HF2465.6051 (1) 84 tm/jp 28/ 54
net operating loss or net capital loss which results 1 in the carryback. If the tax found due is greater 2 than the amount paid, the department shall compute 3 the amount due, together with interest and penalties 4 as provided in subsection 2 , and shall mail a notice 5 of assessment to the taxpayer and, if applicable, to 6 the taxpayer’s authorized representative of the total, 7 which shall be computed as a sum certain if paid on or 8 before , with interest computed to the last day of the 9 month in which the notice is dated , or on or before the 10 last day of the following month if the notice is dated 11 after the twentieth day of any month. The notice shall 12 also inform the taxpayer of the additional interest and 13 penalty which will be added to the total due if not 14 paid on or before the last day of the applicable month . 15 Sec. 88. Section 422.33, subsections 9 and 27, 16 Code Supplement 2011, are amended by striking the 17 subsections. 18 Sec. 89. Section 423.37, subsection 2, Code 2011, 19 is amended to read as follows: 20 2. If a return required by this subchapter is 21 not filed, or if a return when filed is incorrect or 22 insufficient and the maker fails to file a corrected 23 or sufficient return within twenty days after the 24 same is required by notice from the department , the 25 department shall determine the amount of tax due from 26 information as the department may be able to obtain 27 and, if necessary, may estimate the tax on the basis of 28 external indices, such as number of employees of the 29 person concerned, rentals paid by the person, stock 30 on hand, or other factors. The determination may be 31 made using any generally recognized valid and reliable 32 sampling technique, whether or not the person being 33 audited has complete records, as mutually agreed upon 34 by the department and the taxpayer. The department 35 shall give notice of the determination to the person 36 liable for the tax. The determination shall fix the 37 tax unless the person against whom it is assessed 38 shall, within sixty days after the giving of notice of 39 the determination, apply to the director for a hearing 40 or unless the taxpayer contests the determination by 41 paying the tax, interest, and penalty and timely filing 42 a claim for refund. At the hearing, evidence may be 43 offered to support the determination or to prove that 44 it is incorrect. After the hearing the director shall 45 give notice of the decision to the person liable for 46 the tax. 47 Sec. 90. Section 424.10, subsection 2, paragraph a, 48 Code Supplement 2011, is amended to read as follows: 49 a. If a return required by this chapter is not 50 -29- HF2465.6051 (1) 84 tm/jp 29/ 54
filed, or if a return when filed is incorrect or 1 insufficient and the maker fails to file a corrected 2 or sufficient return within twenty days after the 3 return is required by notice from the department , 4 the department shall determine the amount of charge 5 due from information as the department may be able 6 to obtain and, if necessary, may estimate the charge 7 on the basis of external indices or factors. The 8 department shall give notice of the determination to 9 the person liable for the charge. The determination 10 shall fix the charge unless the person against whom it 11 is assessed shall, within sixty days after the date of 12 the notice of the determination, apply to the director 13 for a hearing or unless the person against whom it 14 is assessed contests the determination by paying the 15 charge, interest, and penalty and timely filing a claim 16 for refund. At the hearing evidence may be offered 17 to support the determination or to prove that it is 18 incorrect. After the hearing the director shall give 19 notice of the decision to the person liable for the 20 charge. 21 Sec. 91. Section 427B.4, Code 2011, is amended to 22 read as follows: 23 427B.4 Application for exemption by property owner. 24 1. a. An application shall be filed for each 25 project resulting in actual value added for which 26 an exemption is claimed. The first application for 27 exemption shall be filed by the owner of the property 28 with the local assessor governing board of the city or 29 county in which the property is located by February 30 1 of the assessment year in which the value added is 31 first assessed for taxation for which the exemption is 32 first claimed, but not later than the year in which all 33 improvements included in the project are first assessed 34 for taxation, or the following two assessment years . 35 b. Applications for exemption shall be made on 36 forms prescribed by the director of revenue and shall 37 contain information pertaining to the nature of the 38 improvement, its cost, the estimated or actual date of 39 completion, whether the exemption schedules described 40 in section 427B.3 or an alternate schedule adopted 41 pursuant to section 427B.1 will be elected, and any 42 other information deemed necessary by the director of 43 revenue. 44 2. a. A person may submit a proposal to the city 45 council of the city or the board of supervisors of 46 a county to receive prior approval for eligibility 47 for a tax exemption on new construction. The city 48 council or the board of supervisors, by ordinance, may 49 give its prior approval of a tax exemption for new 50 -30- HF2465.6051 (1) 84 tm/jp 30/ 54
construction if the new construction is in conformance 1 with the zoning plans for the city or county. The 2 prior approval shall also be subject to the hearing 3 requirements of section 427B.1 . 4 b. Prior approval received under this subsection 5 does not entitle the owner to exemption from taxation 6 until the new construction has been completed and 7 found to be qualified real estate. However, if the 8 tax exemption for new construction is not approved, 9 the person may submit an amended proposal to the city 10 council or board of supervisors to approve or reject. 11 Sec. 92. REPEAL. Sections 16.211, 16.212, and 12 422.11X, Code 2011, are repealed. 13 Sec. 93. RETROACTIVE APPLICABILITY. The following 14 provision or provisions of this division of this Act 15 apply retroactively to January 1, 2012, for tax years 16 beginning on or after that date: 17 1. The section of this division of this Act 18 amending section 422.15, subsection 2. 19 Sec. 94. RETROACTIVE APPLICABILITY. The following 20 provision or provisions of this division of this Act 21 apply retroactively to January 1, 2012, for assessment 22 years beginning on or after that date: 23 1. The section of this division of this Act 24 amending section 427B.4. 25 DIVISION VI 26 TIME SERVED 27 Sec. 95. Section 907.3, subsection 3, unnumbered 28 paragraph 1, Code Supplement 2011, is amended to read 29 as follows: 30 By record entry at the time of or after sentencing, 31 the court may suspend the sentence and place the 32 defendant on probation upon such terms and conditions 33 as it may require including commitment to an alternate 34 jail facility or a community correctional residential 35 treatment facility to be followed by a period of 36 probation as specified in section 907.7 , or commitment 37 of the defendant to the judicial district department 38 of correctional services for supervision or services 39 under section 901B.1 at the level of sanctions which 40 the district department determines to be appropriate 41 and the payment of fees imposed under section 905.14 . 42 A person so committed who has probation revoked shall 43 not be given credit for such time served. However, the 44 a person committed to an alternate jail facility or a 45 community correctional residential treatment facility 46 who has probation revoked shall be given credit for 47 time served in the facility. The court shall not 48 suspend any of the following sentences: 49 Sec. 96. APPLICABILITY AND WAIVER OF RIGHTS. A 50 -31- HF2465.6051 (1) 84 tm/jp 31/ 54
person who commits an offense prior to the effective 1 date of this division of this Act may expressly state 2 to the court, at the time of sentencing, that the 3 person waives any rights under Anderson v. State, 801 4 N.W.2d 1, relating to the calculation of credit for 5 time served, and agree to be sentenced using credits 6 as calculated under section 907.3, as amended by this 7 division of this Act. If the court finds the waiver 8 voluntary, the sentencing order shall reference the 9 person’s waiver of rights under Anderson, and order 10 that credit for time served be calculated under section 11 907.3, as amended by this division of this Act. 12 Sec. 97. EFFECTIVE UPON ENACTMENT. This division 13 of this Act, being deemed of immediate importance, 14 takes effect upon enactment. 15 DIVISION VII 16 COUNTY TREASURERS 17 Sec. 98. Section 161A.35, unnumbered paragraph 1, 18 Code 2011, is amended to read as follows: 19 If the owner of any premises against which a levy 20 exceeding one five hundred dollars has been made and 21 certified shall, within thirty days from the date of 22 such levy, agree in writing in a separate agreement, 23 that in consideration of having a right to pay the 24 owner’s assessment in installments, the owner will not 25 make any objection as to the legality of the assessment 26 for benefit, or the levy of the taxes against the 27 owner’s property, then such owner shall have the 28 following options: 29 Sec. 99. Section 311.17, subsection 1, Code 2011, 30 is amended to read as follows: 31 1. If an owner other than the state or a county or 32 city, of any tracts of land on which the assessment 33 is more than one five hundred dollars, shall, within 34 twenty days from the date of the assessment, agree in 35 writing filed in the office of the county auditor, 36 that in consideration of the owner having the right 37 to pay the assessment in installments, the owner will 38 not make any objection of illegality or irregularity 39 as to the assessment upon the real estate, and will 40 pay the assessment plus interest, the assessment 41 shall be payable in ten equal installments. The 42 first installment shall be payable on the date of 43 the agreement. The other installments shall be paid 44 annually at the same time and in the same manner 45 as the September semiannual payment of ordinary 46 taxes with interest accruing as provided in section 47 384.65, subsection 3 . The rate of interest shall be 48 as established by the board, but not exceeding that 49 permitted by chapter 74A . 50 -32- HF2465.6051 (1) 84 tm/jp 32/ 54
Sec. 100. Section 311.19, unnumbered paragraph 1, 1 Code 2011, is amended to read as follows: 2 Assessments of one five hundred dollars or less 3 against any tract of land, and assessments against 4 lands owned by the state, county , or city, shall be 5 due and payable from the date of levy by the board of 6 supervisors, or in the case of any appeal, from the 7 date of final confirmation of the levy by the court. 8 Sec. 101. Section 331.384, subsection 3, Code 2011, 9 is amended to read as follows: 10 3. If any amount assessed against property under 11 this section exceeds one five hundred dollars, a county 12 may permit the assessment to be paid in up to ten 13 annual installments in the same manner and with the 14 same interest rates provided for assessments against 15 benefited property under chapter 384, division IV . 16 Sec. 102. Section 357.20, Code 2011, is amended to 17 read as follows: 18 357.20 Due date —— bonds. 19 Assessments of less than one five hundred dollars 20 or less will come due at the first taxpaying date 21 after the approval of the final assessment, and 22 assessments of one hundred dollars or more than five 23 hundred dollars may be paid in ten annual installments 24 with interest on the unpaid balance at a rate not 25 exceeding that permitted by chapter 74A . The board of 26 supervisors shall issue bonds against the completed 27 assessment in an amount equal to the total cost of the 28 project, so that the amount of the assessment will be 29 approximately ten percent greater than the amount of 30 the bonds. 31 Sec. 103. Section 358.16, subsection 3, Code 2011, 32 is amended to read as follows: 33 3. If any amount assessed against property pursuant 34 to this section will exceed one five hundred dollars, 35 the board of trustees may permit the assessment to be 36 paid in up to ten annual installments, in the manner 37 and with the same interest rates as provided for 38 assessments against benefited property under chapter 39 384, division IV . 40 Sec. 104. Section 364.13, Code 2011, is amended to 41 read as follows: 42 364.13 Installments. 43 If any amount assessed against property under 44 section 364.12 will exceed one five hundred dollars, a 45 city may permit the assessment to be paid in up to ten 46 annual installments, in the same manner and with the 47 same interest rates provided for assessments against 48 benefited property under chapter 384, division IV . 49 Sec. 105. Section 384.60, subsection 1, paragraph 50 -33- HF2465.6051 (1) 84 tm/jp 33/ 54
b, Code 2011, is amended to read as follows: 1 b. State the number of annual installments, not 2 exceeding fifteen, into which assessments of one more 3 than five hundred dollars or more are divided. 4 Sec. 106. Section 384.65, subsection 1, Code 2011, 5 is amended to read as follows: 6 1. The first installment of each assessment, or 7 the total amount if less than one five hundred dollars 8 or less , is due and payable on July 1 next succeeding 9 the date of the levy, unless the assessment is filed 10 with the county treasurer after May 31 in any year. 11 The first installment shall bear interest on the 12 whole unpaid assessment from the date of acceptance of 13 the work by the council to the first day of December 14 following the due date. 15 Sec. 107. Section 435.24, subsection 6, paragraph 16 b, Code 2011, is amended to read as follows: 17 b. Partial payment of taxes which are delinquent 18 may be made to the county treasurer. For the 19 installment being paid, payment shall first be applied 20 toward any interest, fees, and costs accrued and the 21 remainder applied to the tax due. A partial payment 22 must equal or exceed the interest, fees, and costs of 23 the installment being paid. A partial payment made 24 under this paragraph shall be apportioned in accordance 25 with section 445.57 , however, such partial payment 26 may, at the discretion of the county treasurer, be 27 apportioned either on or before the tenth day of the 28 month following the receipt of the partial payment 29 or on or before the tenth day of the month following 30 the due date of the next semiannual tax installment . 31 If the payment does not include the whole of any 32 installment of the delinquent tax, the unpaid tax 33 shall continue to accrue interest pursuant to section 34 445.39 . Partial payment shall not be permitted in lieu 35 of redemption if the property has been sold for taxes 36 under chapter 446 and under any circumstances shall not 37 constitute an extension of the time period for a sale 38 under chapter 446 . 39 Sec. 108. Section 445.36A, subsection 2, Code 2011, 40 is amended to read as follows: 41 2. Partial payment of taxes which are delinquent 42 may be made to the county treasurer. For the 43 installment being paid, payment shall first be applied 44 to any interest, fees, and costs accrued and the 45 remainder applied to the taxes due. A partial payment 46 must equal or exceed the amount of interest, fees, and 47 costs of the installment being paid. A partial payment 48 made under this subsection shall be apportioned in 49 accordance with section 445.57 , however, such partial 50 -34- HF2465.6051 (1) 84 tm/jp 34/ 54
payment may, at the discretion of the county treasurer, 1 be apportioned either on or before the tenth day of 2 the month following the receipt of the partial payment 3 or on or before the tenth day of the month following 4 the due date of the next semiannual tax installment . 5 If the payment does not include the whole of any 6 installment of the delinquent tax, the unpaid tax 7 shall continue to accrue interest pursuant to section 8 445.39 . Partial payment shall not be permitted in lieu 9 of redemption if the property has been sold for taxes 10 under chapter 446 and under any circumstances shall not 11 constitute an extension of the time period for a sale 12 under chapter 446 . 13 Sec. 109. Section 445.57, unnumbered paragraph 1, 14 Code 2011, is amended to read as follows: 15 On or before the tenth day of each month, the county 16 treasurer shall apportion all taxes collected during 17 the preceding month, except partial payment amounts 18 collected pursuant to section 445.36A, subsection 1 19 and , partial payments collected and not yet designated 20 by the county treasurer for apportionment pursuant 21 to section 445.36A, subsection 2, partial payments 22 collected pursuant to section 435.24, subsection 23 6 , paragraph “a” , and partial payments collected 24 and not yet designated by the county treasurer for 25 apportionment pursuant to section 435.24, subsection 26 6, paragraph “b” , among the several funds to which they 27 belong according to the amount levied for each fund, 28 and shall apportion the interest, fees, and costs on 29 the taxes to the general fund, and shall enter those 30 amounts upon the treasurer’s cash account, and report 31 the amounts to the county auditor. 32 Sec. 110. Section 446.32, Code 2011, is amended to 33 read as follows: 34 446.32 Payment of subsequent taxes by purchaser. 35 The county treasurer shall provide to the purchaser 36 of a parcel sold at tax sale a receipt for the total 37 amount paid by the purchaser after the date of purchase 38 for a subsequent year. Taxes for a subsequent year 39 may be paid by the purchaser beginning one month 40 and fourteen days following the date from which an 41 installment becomes delinquent as provided in section 42 445.37 . Notwithstanding any provision to the contrary, 43 a subsequent payment must be received and recorded 44 by the treasurer in the county system no later than 45 five 5:00 p.m. on the last business day of the month 46 for interest for that month to accrue and be added 47 to the amount due under section 447.1 . However, the 48 treasurer may establish a deadline for receipt of 49 subsequent payments that is other than five 5:00 p.m. 50 -35- HF2465.6051 (1) 84 tm/jp 35/ 54
on the last business day of the month to allow for 1 timely processing of the subsequent payments. Late 2 interest shall be calculated through the date that the 3 subsequent payment is recorded by the treasurer in 4 the county system. In no instance shall the date of 5 postmark of a subsequent payment be used by a treasurer 6 either to calculate interest or to determine whether 7 interest shall accrue on the subsequent payment. 8 Sec. 111. Section 468.57, subsection 1, Code 9 Supplement 2011, is amended to read as follows: 10 1. If the owner of any land against which a levy 11 exceeding one five hundred dollars has been made and 12 certified shall, within thirty days from the date 13 of such levy, agree in writing endorsed upon any 14 improvement certificate referred to in section 468.70 , 15 or in a separate agreement, that in consideration 16 of having a right to pay the owner’s assessment in 17 installments, the owner will not make any objection as 18 to the legality of the assessment for benefit, or the 19 levy of the taxes against the property, then such owner 20 shall have the following options: 21 a. To pay one-third of the amount of the assessment 22 at the time of filing the agreement; one-third within 23 twenty days after the engineer in charge certifies to 24 the auditor that the improvement is one-half completed; 25 and the remaining one-third within twenty days after 26 the improvement has been completed and accepted by the 27 board. All installments shall be without interest if 28 paid at said times, otherwise the assessments shall 29 bear interest from the date of the levy at a rate 30 determined by the board notwithstanding chapter 74A , 31 payable annually, and be collected as other taxes on 32 real estate, with like interest for delinquency. 33 b. To pay the assessments in not less than ten nor 34 more than twenty equal installments, with the number 35 of payments and interest rate determined by the board, 36 notwithstanding chapter 74A . The first installment 37 of each assessment, or the total amount if less than 38 one five hundred dollars or less , is due and payable 39 on July 1 next succeeding the date of the levy, unless 40 the assessment is filed with the county treasurer 41 after May 31 in any year. The first installment shall 42 bear interest on the whole unpaid assessment from the 43 date of the levy as set by the board to the first day 44 of December following the due date. The succeeding 45 annual installments, with interest on the whole unpaid 46 amount, to the first day of December following the due 47 date, are respectively due on July 1 annually, and must 48 be paid at the same time and in the same manner as 49 the first semiannual payment of ordinary taxes. All 50 -36- HF2465.6051 (1) 84 tm/jp 36/ 54
future installments of an assessment may be paid on 1 any date by payment of the then outstanding balance 2 plus interest to the next December 1, or additional 3 annual installments may be paid after the current 4 installment has been paid before December 1 without 5 interest. A payment must be for the full amount of 6 the next installment. If installments remain to be 7 paid, the next annual installment with interest added 8 to December 1 will be due. After December 1, if a 9 drainage assessment is not delinquent, a property owner 10 may pay one-half or all of the next annual installment 11 of principal and interest of a drainage assessment 12 prior to the delinquency date of the installment. 13 When the next installment has been paid in full, 14 successive principal installments may be prepaid. 15 The county treasurer shall accept the payments of the 16 drainage assessment, and shall credit the next annual 17 installment or future installments of the drainage 18 assessment to the extent of the payment or payments, 19 and shall remit the payments to the drainage fund. If 20 a property owner elects to pay one or more principal 21 installments in advance, the pay schedule shall be 22 advanced by the number of principal installments 23 prepaid. Each installment of an assessment with 24 interest on the unpaid balance is delinquent from 25 October 1 after its due date. However, when the last 26 day of September is a Saturday or Sunday, that amount 27 shall be delinquent from the second business day of 28 October. Taxes assessed pursuant to this chapter 29 which become delinquent shall bear the same delinquent 30 interest as ordinary taxes. When collected, the 31 interest must be credited to the same drainage fund as 32 the drainage special assessment. 33 DIVISION VIII 34 BOARDS AND COMMISSIONS 35 Sec. 112. Section 28B.1, subsection 1, unnumbered 36 paragraph 1, Code 2011, is amended to read as follows: 37 The In accordance with a resolution adopted for 38 this purpose by the legislative council, an Iowa 39 commission on interstate cooperation is hereby 40 established shall be appointed to address the charge 41 and other responsibilities for the commission outlined 42 in the resolution . It The commission shall consist of 43 thirteen members to be appointed as follows: 44 Sec. 113. Section 28B.4, Code 2011, is amended to 45 read as follows: 46 28B.4 Report. 47 1. The commission shall report to the governor 48 and to the legislature within fifteen days after the 49 convening of each general assembly general assembly in 50 -37- HF2465.6051 (1) 84 tm/jp 37/ 54
accordance with the commission’s charge , and at may 1 report at other times as it deems deemed appropriate by 2 the commission . 3 2. Its The commission’s members and the members of 4 all committees which it establishes shall be reimbursed 5 for their travel and other necessary expenses in 6 carrying out their obligations under this chapter 7 and legislative members shall be paid a per diem 8 as specified in section 7E.6 for each day in which 9 engaged in the performance of their duties, the per 10 diem and legislators’ expenses to be paid from funds 11 appropriated by sections 2.10 and 2.12 . Expenses of 12 administrative officers, state officials, or state 13 employees who are members of the Iowa commission on 14 interstate cooperation or a committee appointed by the 15 commission shall be paid from funds appropriated to the 16 agencies or departments which persons represent except 17 as may otherwise be provided by the general assembly. 18 Expenses of citizen members who may be appointed to 19 committees of the commission may be paid from funds as 20 authorized by the general assembly. Expenses of the 21 secretary or employees of the secretary and support 22 services in connection with the administration of the 23 commission shall be paid from funds appropriated to the 24 legislative services agency unless otherwise provided 25 by the general assembly. Expenses of commission 26 members shall be paid upon approval of the chairperson 27 or the secretary of the commission. 28 Sec. 114. Section 216A.132, subsection 1, paragraph 29 c, Code 2011, is amended to read as follows: 30 c. (1) The chief justice of the supreme court 31 shall designate one member who is a district judge and 32 one member who is either a district associate judge or 33 associate juvenile judge. The chairperson and ranking 34 member of the senate committee on judiciary shall be 35 members. In alternating four-year intervals, the 36 chairperson and ranking member of the house committee 37 on judiciary or of the house committee on public 38 safety shall be members, with the chairperson and 39 ranking member of the house committee on public safety 40 serving during the initial interval. Nonlegislative 41 The members appointed pursuant to this paragraph 42 subparagraph shall serve as ex officio, nonvoting 43 members for four-year terms beginning and ending as 44 provided in section 69.19 , unless the member ceases to 45 serve as a district court judge. 46 (2) The chairperson and ranking member of the 47 senate committee on judiciary shall be ex officio, 48 nonvoting members. In alternating two-year terms, 49 beginning and ending as provided in section 69.16B, the 50 -38- HF2465.6051 (1) 84 tm/jp 38/ 54
chairperson and ranking member of the house committee 1 on judiciary or of the house committee on public 2 safety shall be ex officio, nonvoting members, with the 3 chairperson and ranking member of the house committee 4 on public safety serving during the term beginning in 5 January 2011. 6 Sec. 115. REPEAL. Section 249A.36, Code 2011, is 7 repealed. 8 DIVISION IX 9 ALLOWABLE GROWTH 10 Sec. 116. Section 257.8, subsection 1, Code 11 Supplement 2011, is amended to read as follows: 12 1. State percent of growth. The state percent of 13 growth for the budget year beginning July 1, 2010, 14 is two percent. The state percent of growth for the 15 budget year beginning July 1, 2012, is two percent. 16 The state percent of growth for the budget year 17 beginning July 1, 2013, is four percent. The state 18 percent of growth for each subsequent budget year shall 19 be established by statute which shall be enacted within 20 thirty days of the submission in the year preceding the 21 base year of the governor’s budget under section 8.21 . 22 The establishment of the state percent of growth for 23 a budget year shall be the only subject matter of the 24 bill which enacts the state percent of growth for a 25 budget year. 26 Sec. 117. Section 257.8, subsection 2, Code 27 Supplement 2011, is amended to read as follows: 28 2. Categorical state percent of growth. The 29 categorical state percent of growth for the budget 30 year beginning July 1, 2010, is two percent. The 31 categorical state percent of growth for the budget 32 year beginning July 1, 2012, is two percent. The 33 categorical state percent of growth for the budget 34 year beginning July 1, 2013, is four percent. The 35 categorical state percent of growth for each budget 36 year shall be established by statute which shall 37 be enacted within thirty days of the submission in 38 the year preceding the base year of the governor’s 39 budget under section 8.21 . The establishment of the 40 categorical state percent of growth for a budget year 41 shall be the only subject matter of the bill which 42 enacts the categorical state percent of growth for a 43 budget year. The categorical state percent of growth 44 may include state percents of growth for the teacher 45 salary supplement, the professional development 46 supplement, and the early intervention supplement. 47 Sec. 118. EFFECTIVE UPON ENACTMENT. This division 48 of this Act, being deemed of immediate importance, 49 takes effect upon enactment. 50 -39- HF2465.6051 (1) 84 tm/jp 39/ 54
Sec. 119. APPLICABILITY. This division of this Act 1 is applicable for computing state aid under the state 2 school foundation program for the school budget year 3 beginning July 1, 2013. 4 Sec. 120. CODE SECTION 257.8 —— IMPLEMENTATION. 5 The requirements of section 257.8 regarding the 6 enactment of the regular program state percent of 7 growth and categorical state percent of growth within 8 thirty days of the submission in the year preceding the 9 base year of the governor’s budget and the requirements 10 that the subject matter of each bill establishing 11 the state percent of growth or the categorical state 12 percent of growth be the only subject matter of the 13 bill do not apply to this division of this Act. 14 DIVISION X 15 CITY FRANCHISE FEES 16 Sec. 121. Section 364.2, subsection 4, paragraph f, 17 Code 2011, is amended to read as follows: 18 f. (1) (a) A franchise fee assessed by a city may 19 be based upon a percentage of gross revenues generated 20 from sales of the franchisee within the city not to 21 exceed five percent, except as provided in subparagraph 22 division (b), without regard to the city’s cost of 23 inspecting, supervising, and otherwise regulating the 24 franchise. 25 (b) For franchise fees assessed and collected 26 during fiscal years beginning on or after July 1, 27 2012,, but before July 1, 2030, by a city that is the 28 subject of a judgment, court-approved settlement, or 29 court-approved compromise providing for payment of 30 restitution, a refund, or a return described in section 31 384.3A, subsection 3, paragraph “j” , the rate of the 32 franchise fee shall not exceed seven and one-half 33 percent of gross revenues generated from sales of the 34 franchisee in the city, and franchise fee amounts 35 assessed and collected during such fiscal years in 36 excess of five percent of gross revenues generated 37 from sales shall be used solely for the purpose 38 specified in section 384.3A, subsection 3, paragraph 39 “j” . A city may assess and collect a franchise fee 40 in excess of five percent of gross revenues generated 41 from the sales of the franchisee pursuant to this 42 subparagraph division (b) for a period not to exceed 43 seven consecutive fiscal years once the franchise fee 44 is first imposed at a rate in excess of five percent. 45 This subparagraph division is repealed July 1, 2030. 46 (2) Franchise fees collected pursuant to an 47 ordinance in effect on May 26, 2009, shall be deposited 48 in the city’s general fund and such fees collected in 49 excess of the amounts necessary to inspect, supervise, 50 -40- HF2465.6051 (1) 84 tm/jp 40/ 54
and otherwise regulate the franchise may be used by 1 the city for any other purpose authorized by law. 2 Franchise fees collected pursuant to an ordinance 3 that is adopted or amended on or after May 26, 2009, 4 to increase the percentage rate at which franchise 5 fees are assessed shall be credited to the franchise 6 fee account within the city’s general fund and used 7 pursuant to section 384.3A . If a city franchise fee 8 is assessed to customers of a franchise, the fee shall 9 not be assessed to the city as a customer. Before a 10 city adopts or amends a franchise fee rate ordinance 11 or franchise ordinance to increase the percentage 12 rate at which franchise fees are assessed, a revenue 13 purpose statement shall be prepared specifying the 14 purpose or purposes for which the revenue collected 15 from the increased rate will be expended. If property 16 tax relief is listed as a purpose, the revenue purpose 17 statement shall also include information regarding the 18 amount of the property tax relief to be provided with 19 revenue collected from the increased rate. The revenue 20 purpose statement shall be published as provided in 21 section 362.3 . 22 Sec. 122. Section 384.3A, subsection 3, Code 2011, 23 is amended by adding the following new paragraph: 24 NEW PARAGRAPH . j. For franchise fees assessed 25 and collected by a city in excess of five percent of 26 gross revenues generated from sales of the franchisee 27 within the city pursuant to section 364.2, subsection 28 4, paragraph “f”, subparagraph (1), subparagraph 29 division (b), during fiscal years beginning on or after 30 July 1, 2012, but before July 1, 2030, the adjustment, 31 renewing, or extension of any part or all of the legal 32 indebtedness of a city, whether evidenced by bonds, 33 warrants, court-approved settlements, court-approved 34 compromises, or judgments, or the funding or refunding 35 of the same, if such legal indebtedness relates to 36 restitution, a refund, or a return ordered by a court 37 of competent jursidiction for franchise fees assessed 38 and collected by the city before the effective date of 39 this division of this Act. This paragraph is repealed 40 July 1, 2030. 41 Sec. 123. EFFECTIVE UPON ENACTMENT. This division 42 of this Act, being deemed of immediate importance, 43 takes effect upon enactment. 44 DIVISION XI 45 EXTERNAL REVIEW OF HEALTH CARE COVERAGE DECISIONS 46 Sec. 124. Section 514J.102, subsections 1 and 10, 47 Code Supplement 2011, are amended to read as follows: 48 1. “Adverse determination” means a determination 49 by a health carrier that an admission, availability 50 -41- HF2465.6051 (1) 84 tm/jp 41/ 54
of care, continued stay, or other health care service 1 that is a covered benefit has been reviewed and, 2 based upon the information provided, does not meet the 3 health carrier’s requirements for medical necessity, 4 appropriateness, health care setting, level of 5 care, or effectiveness, and the requested service or 6 payment for the service is therefore denied, reduced, 7 or terminated. “Adverse determination” includes a 8 denial of coverage for a dental care service that is 9 a covered benefit that has been reviewed and, based 10 upon the information provided, does not meet the health 11 carrier’s requirements for medical necessity, and 12 the requested service or payment for the dental care 13 service is therefore denied, reduced, or terminated, 14 in whole or in part. “Adverse determination” does not 15 include a denial of coverage for a service or treatment 16 specifically listed in plan or evidence of coverage 17 documents as excluded from coverage. 18 10. “Covered benefits” or “benefits” means those 19 health care services and dental care services to which 20 a covered person is entitled under the terms of a 21 health benefit plan. 22 Sec. 125. Section 514J.102, Code Supplement 2011, 23 is amended by adding the following new subsection: 24 NEW SUBSECTION . 11A. “Dental care services” means 25 services for diagnostic, preventive, maintenance, and 26 therapeutic dental care that is provided under chapter 27 153. 28 Sec. 126. Section 514J.103, subsection 1, Code 29 Supplement 2011, is amended to read as follows: 30 1. Except as provided in subsection 2 , this chapter 31 shall apply to all health carriers , including health 32 carriers issuing a policy or certificate that provides 33 coverage for dental care . 34 Sec. 127. Section 514J.103, subsection 2, paragraph 35 a, Code Supplement 2011, is amended to read as follows: 36 a. A policy or certificate that provides coverage 37 only for a specified disease, specified accident or 38 accident-only, credit, disability income, hospital 39 indemnity, long-term care, dental care, vision care, or 40 any other limited supplemental benefit. 41 DIVISION XII 42 EARLY INTERVENTION BLOCK GRANT PROGRAM 43 Sec. 128. REPEAL. Section 256D.9, Code 2011, is 44 repealed. 45 Sec. 129. EFFECTIVE DATE. This division of this 46 Act takes effect June 30, 2012. 47 DIVISION XIII 48 JUVENILE OFFENDERS 49 Sec. 130. Section 232.8, subsection 1, paragraph c, 50 -42- HF2465.6051 (1) 84 tm/jp 42/ 54
Code 2011, is amended to read as follows: 1 c. Violations by a child, aged sixteen or older, 2 which subject the child to the provisions of section 3 124.401, subsection 1 , paragraph “e” or “f” , or 4 violations of section 723A.2 which involve a violation 5 of chapter 724 , or violation of chapter 724 which 6 constitutes a felony, or violations which constitute 7 a forcible felony are excluded from the jurisdiction 8 of the juvenile court and shall be prosecuted as 9 otherwise provided by law unless the district court 10 transfers jurisdiction of the child to the juvenile 11 court upon motion and for good cause pursuant to 12 section 803.6 . A child over whom jurisdiction has not 13 been transferred to the juvenile court, and who is 14 convicted of a violation excluded from the jurisdiction 15 of the juvenile court under this paragraph, shall be 16 sentenced pursuant to section 124.401B , 902.9 , or 17 903.1 . Notwithstanding any other provision of the 18 Code to the contrary, the district court may accept 19 from a child in district court a plea of guilty, or 20 may instruct the jury on a lesser included offense 21 to the offense excluded from the jurisdiction of the 22 juvenile court under this section , in the same manner 23 as regarding an adult. The judgment and sentence of 24 a child in district court shall be as provided in 25 section 901.5. However, the juvenile court shall 26 have exclusive original jurisdiction in a proceeding 27 concerning an offense of animal torture as provided in 28 section 717B.3A alleged to have been committed by a 29 child under the age of seventeen. 30 Sec. 131. Section 232.8, subsection 3, paragraph a, 31 Code 2011, is amended to read as follows: 32 a. The juvenile court, after a hearing and in 33 accordance with the provisions of section 232.45 , may 34 waive jurisdiction of a child alleged to have committed 35 a public offense so that the child may be prosecuted 36 as an adult or youthful offender for such offense in 37 another court. If the child , except a child being 38 prosecuted as a youthful offender, pleads guilty or is 39 found guilty of a public offense other than a class “A” 40 felony in another court of this state, that court may 41 suspend the sentence or, with the consent of the child, 42 defer judgment and without regard to restrictions 43 placed upon deferred judgments for adults, place the 44 child on probation for a period of not less than one 45 year upon such conditions as it may require. Upon 46 fulfillment of the conditions of probation, a child 47 who receives a deferred judgment shall be discharged 48 without entry of judgment. A child prosecuted as 49 a youthful offender shall be sentenced pursuant to 50 -43- HF2465.6051 (1) 84 tm/jp 43/ 54
section 907.3A. 1 Sec. 132. Section 232.45, subsection 6, unnumbered 2 paragraph 1, Code 2011, is amended to read as follows: 3 At the conclusion of the waiver hearing the court 4 may waive its jurisdiction over the child for the 5 alleged commission of the public offense for the 6 purpose of prosecution of the child as an adult if all 7 of the following apply: 8 Sec. 133. Section 232.45, subsection 7, paragraph 9 a, subparagraph (1), Code 2011, is amended to read as 10 follows: 11 (1) The child is twelve through fifteen years of 12 age or younger the child is ten or eleven years of age 13 and has been charged with a public offense that would 14 be classified as a class “A” felony if committed by an 15 adult . 16 Sec. 134. Section 232.45A, subsections 2 and 3, 17 Code 2011, are amended to read as follows: 18 2. Once a child sixteen years of age or older 19 has been waived to and convicted of an aggravated 20 misdemeanor or a felony in by the juvenile court to the 21 district court, all subsequent criminal proceedings 22 against the child for any aggravated misdemeanor 23 or felony occurring subsequent to the date of the 24 conviction of the child for any delinquent act 25 committed after the date of the waiver by the juvenile 26 court shall begin in district court, notwithstanding 27 sections 232.8 and 232.45. A copy of the findings 28 required by section 232.45, subsection 10, shall 29 be made a part of the record in the district court 30 proceedings. However, upon acquittal or dismissal 31 in district court of all waived offenses and all 32 lesser included offenses of the waived offenses, the 33 proceedings for any delinquent act committed by the 34 child subsequent to such acquittal or dismissal shall 35 begin in juvenile court. Any proceedings initiated in 36 district court for a public offense committed by the 37 child subsequent to the waiver by the juvenile court, 38 but prior to any acquittal or dismissal of all waived 39 offenses and lesser included offenses in district 40 court, shall remain in district court. 41 3. If proceedings against a child for an aggravated 42 misdemeanor or a felony sixteen years of age or older 43 who has previously been waived to and convicted of 44 an aggravated misdemeanor or a felony in the district 45 court are mistakenly begun in the juvenile court, the 46 matter shall be transferred to district court upon 47 the discovery of the prior waiver and conviction, 48 notwithstanding sections 232.8 and 232.45 . 49 Sec. 135. Section 232.50, subsection 1, Code 2011, 50 -44- HF2465.6051 (1) 84 tm/jp 44/ 54
is amended to read as follows: 1 1. As soon as practicable following the entry 2 of an order of adjudication pursuant to section 3 232.47 or notification that the child has received a 4 youthful offender deferred sentence been placed on 5 youthful offender status pursuant to section 907.3A , 6 the court shall hold a dispositional hearing in order 7 to determine what disposition should be made of the 8 matter. 9 Sec. 136. Section 232.52, subsection 1, Code 2011, 10 is amended to read as follows: 11 1. Pursuant to a hearing as provided in section 12 232.50 , the court shall enter the least restrictive 13 dispositional order appropriate in view of the 14 seriousness of the delinquent act, the child’s 15 culpability as indicated by the circumstances of 16 the particular case, the age of the child, the 17 child’s prior record, or the fact that the child has 18 received a youthful offender deferred sentence been 19 placed on youthful offender status under section 20 907.3A . The order shall specify the duration and 21 the nature of the disposition, including the type of 22 residence or confinement ordered and the individual, 23 agency, department , or facility in whom custody is 24 vested. In the case of a child who has received a 25 youthful offender deferred sentence been placed on 26 youthful offender status , the initial duration of the 27 dispositional order shall be until the child reaches 28 the age of eighteen. 29 Sec. 137. Section 232.54, subsection 1, paragraph 30 g, Code 2011, is amended to read as follows: 31 g. With respect to a juvenile court dispositional 32 order entered regarding a child who has received a 33 youthful offender deferred sentence been placed on 34 youthful offender status under section 907.3A , the 35 dispositional order may be terminated prior to the 36 child reaching the age of eighteen upon motion of the 37 child, the person or agency to whom custody of the 38 child has been transferred, or the county attorney 39 following a hearing before the juvenile court if it is 40 shown by clear and convincing evidence that it is in 41 the best interests of the child and the community to 42 terminate the order. The hearing may be waived if all 43 parties to the proceeding agree. The dispositional 44 order regarding a child who has received a youthful 45 offender deferred sentence been placed on youthful 46 offender status may also be terminated prior to the 47 child reaching the age of eighteen upon motion of the 48 county attorney, if the waiver of the child to district 49 court was conditioned upon the terms of an agreement 50 -45- HF2465.6051 (1) 84 tm/jp 45/ 54
between the county attorney and the child, and the 1 child violates the terms of the agreement after the 2 waiver order has been entered. The district court 3 shall discharge the child’s youthful offender status 4 upon receiving a termination order under this section . 5 Sec. 138. Section 232.54, subsection 1, paragraph 6 h, unnumbered paragraph 1, Code 2011, is amended to 7 read as follows: 8 With respect to a dispositional order entered 9 regarding a child who has received a youthful offender 10 deferred sentence been placed on youthful offender 11 status under section 907.3A , the juvenile court may, 12 in the case of a child who violates the terms of the 13 order, modify or terminate the order in accordance with 14 the following: 15 Sec. 139. Section 232.55, subsection 3, Code 2011, 16 is amended to read as follows: 17 3. This section does not apply to dispositional 18 orders entered regarding a child who has received a 19 youthful offender deferred sentence been placed on 20 youthful offender status under section 907.3A who 21 is not discharged from probation before or upon the 22 child’s eighteenth birthday. 23 Sec. 140. Section 232.56, Code 2011, is amended to 24 read as follows: 25 232.56 Youthful offenders —— transfer to district 26 court supervision. 27 The juvenile court shall deliver a report, which 28 includes an assessment of the child by a juvenile court 29 officer after consulting with the judicial district 30 department of correctional services, to the district 31 court prior to the eighteenth birthday of a child who 32 has received a youthful offender deferred sentence 33 been placed on youthful offender status under section 34 907.3A . A hearing shall be held in the district court 35 in accordance with section 907.3A to determine whether 36 the child should be discharged from youthful offender 37 status or whether the child shall continue under the 38 supervision of the district court after the child’s 39 eighteenth birthday. 40 Sec. 141. Section 901.5, Code Supplement 2011, is 41 amended by adding the following new subsection: 42 NEW SUBSECTION . 14. Notwithstanding any provision 43 in section 907.3 or any other provision of law 44 prescribing a mandatory minimum sentence for the 45 offense, if the defendant is guilty of a public offense 46 other than a class “A” felony, and was a minor at 47 the time the offense was committed, the court may 48 suspend the sentence in whole or in part, including any 49 mandatory minimum sentence, defer sentence, or with the 50 -46- HF2465.6051 (1) 84 tm/jp 46/ 54
consent of the defendant, defer judgment, and place the 1 defendant on probation, upon such conditions as the 2 court may require. 3 Sec. 142. Section 907.3A, Code 2011, is amended to 4 read as follows: 5 907.3A Youthful offender deferred sentence —— 6 youthful offender status. 7 1. Notwithstanding section 907.3 but subject to any 8 conditions of the waiver order, the trial court shall, 9 upon a plea of guilty or a verdict of guilty, defer 10 sentence of a youthful offender place the juvenile 11 over whom the juvenile court has waived jurisdiction 12 pursuant to section 232.45, subsection 7 , and place 13 the juvenile on youthful offender status. The court 14 shall transfer supervision of the youthful offender 15 to the juvenile court for disposition in accordance 16 with section 232.52 . An adjudication of delinquency 17 entered by the juvenile court at disposition for 18 a public offense shall not be deemed a conviction 19 and shall not preclude the subsequent entry of a 20 deferred judgment, conviction, or sentence by the 21 district court. The court shall require supervision 22 of the youthful offender in accordance with section 23 232.54, subsection 1 , paragraph “h” , or subsection 2 24 of this section . Notwithstanding section 901.2, a 25 presentence investigation shall not be ordered by the 26 court subsequent to an entry of a plea of guilty or 27 verdict of guilty or prior to deferral of sentence of a 28 youthful offender under this section. 29 2. The court shall hold a hearing prior to a 30 youthful offender’s eighteenth birthday to determine 31 whether the youthful offender shall continue on 32 youthful offender status after the youthful offender’s 33 eighteenth birthday under the supervision of the 34 court or be discharged . Notwithstanding section 35 901.2, the court may order a presentence investigation 36 report including a report for an offense classified 37 as a class “A” felony. The court shall review the 38 report of the juvenile court regarding the youthful 39 offender and prepared pursuant to section 232.56, 40 and any presentence investigation report, if ordered 41 by the court. The court shall hear evidence by or 42 on behalf of the youthful offender, by the county 43 attorney, and by the person or agency to whom custody 44 of the youthful offender was transferred. The court 45 shall make its decision , pursuant to the sentencing 46 options available in subsection 3, after considering 47 the services available to the youthful offender, the 48 evidence presented, the juvenile court’s report, the 49 presentence investigation report if ordered by the 50 -47- HF2465.6051 (1) 84 tm/jp 47/ 54
court, the interests of the youthful offender, and 1 interests of the community. 2 3. a. Notwithstanding any provision of the Code 3 which prescribes a mandatory minimum sentence for the 4 offense committed by the youthful offender, following 5 transfer of the youthful offender from the juvenile 6 court back to the court having jurisdiction over the 7 criminal proceedings involving the youthful offender, 8 the court may continue the youthful offender deferred 9 sentence or enter a sentence, which may be a suspended 10 sentence. shall order one of the following sentencing 11 options: 12 (1) Defer judgment and place the youthful offender 13 on probation, upon the consent of the youthful 14 offender. 15 (2) Defer the sentence and place the youthful 16 offender on probation upon such terms and conditions 17 as the court may require. 18 (3) Suspend the sentence and place the youthful 19 offender on probation upon such terms and conditions 20 as the court may require. 21 (4) A term of confinement. 22 (5) Discharge the youthful offender from youthful 23 offender status and terminate the sentence. 24 b. Notwithstanding anything in section 907.7 to 25 the contrary, if the district court either grants 26 the youthful offender a deferred judgment, continues 27 the youthful offender deferred sentence , or enters a 28 sentence , and suspends the sentence, and places the 29 youthful offender on probation, the term of formal 30 supervision shall commence upon entry of the order by 31 the district court and may continue for a period not 32 to exceed five years. If the district court enters a 33 sentence of confinement, and the youthful offender was 34 previously placed in secure confinement by the juvenile 35 court under the terms of the initial disposition order 36 or any modification to the initial disposition order, 37 the person shall receive credit for any time spent in 38 secure confinement. During any period of probation 39 imposed by the district court, a youthful offender who 40 violates the terms of probation is subject to section 41 908.11 . 42 DIVISION XIV 43 STATE BOARD OF REGENTS 44 Sec. 143. Section 8D.10, Code 2011, is amended to 45 read as follows: 46 8D.10 Report of savings by state agencies. 47 A state agency which is a part of the network shall 48 annually provide a written report to the general 49 assembly certifying the identified savings associated 50 -48- HF2465.6051 (1) 84 tm/jp 48/ 54
with the state agency’s use of the network. The report 1 shall be delivered on or before January 15 for the 2 previous fiscal year of the state agency. This section 3 does not apply to the state board of regents or to 4 any institution under control of the state board of 5 regents. 6 Sec. 145. Section 262.93, Code 2011, is amended to 7 read as follows: 8 262.93 Reports to general assembly. 9 The college student aid commission and the state 10 board of regents each shall submit to the general 11 assembly , by January 15 of each year, a report on 12 the progress and implementation of the programs 13 which they administer under sections 261.102 through 14 261.105 , 262.82 , and 262.92 . By January 31 of each 15 year, the state board of regents shall submit a report 16 to the general assembly regarding the progress and 17 implementation of the program administered pursuant to 18 section 262.82. The reports shall include , but are 19 not limited to , the numbers of students and educators 20 participating in the programs and allocation of funds 21 appropriated for the programs. 22 Sec. 146. Section 263.19, Code 2011, is amended to 23 read as follows: 24 263.19 Purchases. 25 Any purchase in excess of ten thousand dollars, 26 of materials, appliances, instruments, or supplies by 27 the university of Iowa hospitals and clinics , when the 28 price of the materials, appliances, instruments, or 29 supplies to be purchased is subject to competition, 30 shall be made pursuant to open competitive quotations, 31 and all contracts for such purchases shall be subject 32 to chapter 72 . However, purchases may be made through 33 a hospital group purchasing organization provided 34 that the university of Iowa hospitals and clinics 35 is a member of the organization in compliance with 36 purchasing policies of the state board of regents . 37 Sec. 147. Section 432.13, Code 2011, is amended to 38 read as follows: 39 432.13 Premium tax exemption —— hawk-i program —— 40 state employee benefits. 41 1. Premiums collected by participating insurers 42 under chapter 514I are exempt from premium tax. 43 2. Premiums received for benefits acquired 44 on behalf of state employees by the department of 45 administrative services on behalf of state employees 46 pursuant to section 8A.402, subsection 1 , and by the 47 state board of regents pursuant to chapter 262, are 48 exempt from premium tax. 49 DIVISION XV 50 -49- HF2465.6051 (1) 84 tm/jp 49/ 54
SALES AND USE TAX 1 Sec. 148. Section 423.1, subsection 47, Code 2 Supplement 2011, is amended to read as follows: 3 47. “Retailer” means and includes every person 4 engaged in the business of selling tangible personal 5 property or taxable services at retail, or the 6 furnishing of gas, electricity, water, or communication 7 service, and tickets or admissions to places of 8 amusement and athletic events or operating amusement 9 devices or other forms of commercial amusement 10 from which revenues are derived and includes but is 11 not limited to every retailer maintaining a place 12 of business in this state . However, when in the 13 opinion of the director it is necessary for the 14 efficient administration of this chapter to regard any 15 salespersons, representatives, truckers, peddlers, 16 or canvassers as agents of the dealers, distributors, 17 supervisors, employers, or persons under whom they 18 operate or from whom they obtain tangible personal 19 property sold by them irrespective of whether or not 20 they are making sales on their own behalf or on behalf 21 of such dealers, distributors, supervisors, employers, 22 or persons, the director may so regard them, and 23 may regard such dealers, distributors, supervisors, 24 employers, or persons as retailers for the purposes of 25 this chapter . “Retailer” includes a seller obligated 26 to collect sales or use tax. 27 Sec. 149. Section 423.1, subsection 48, Code 28 Supplement 2011, is amended to read as follows: 29 48. a. “Retailer maintaining a place of business 30 in this state” or any like term includes any retailer 31 having or maintaining within this state, directly 32 or by a subsidiary, an office, distribution house, 33 sales house, warehouse, or other place of business, 34 or any representative operating within this state 35 under the authority of the retailer or its subsidiary, 36 irrespective of whether that place of business 37 or representative is located here permanently or 38 temporarily, or whether the retailer or subsidiary is 39 admitted to do business within this state pursuant to 40 chapter 490 . 41 b. (1) A retailer shall be presumed to be 42 maintaining a place of business in this state, as 43 defined in paragraph “a” , if any person that has 44 substantial nexus in this state, other than a person 45 acting in its capacity as a common carrier, does any 46 of the following: 47 (a) Sells a similar line of products as the 48 retailer and does so under the same or similar business 49 name. 50 -50- HF2465.6051 (1) 84 tm/jp 50/ 54
(b) Maintains an office, distribution facility, 1 warehouse, storage place, or similar place of business 2 in this state to facilitate the delivery of property 3 or services sold by the retailer to the retailer’s 4 customers. 5 (c) Uses trademarks, service marks, or trade 6 names in this state that are the same or substantially 7 similar to those used by the retailer. 8 (d) Delivers, installs, assembles, or performs 9 maintenance services for the retailer’s customers. 10 (e) Facilitates the retailer’s delivery of 11 property to customers in this state by allowing the 12 retailer’s customers to take delivery of property sold 13 by the retailer at an office, distribution facility, 14 warehouse, storage place, or similar place of business 15 maintained by the person in this state. 16 (f) Conducts any other activities in this state 17 that are significantly associated with the retailer’s 18 ability to establish and maintain a market in this 19 state for the retailer’s sales. 20 (2) The presumption established in this paragraph 21 may be rebutted by a showing of proof that the 22 person’s activities in this state are not significantly 23 associated with the retailer’s ability to establish 24 or maintain a market in this state for the retailer’s 25 sales. 26 Sec. 150. NEW SECTION . 423.13A Administration —— 27 effectiveness of agreements with retailers. 28 1. Notwithstanding any provision of this chapter 29 to the contrary, any ruling, agreement, or contract, 30 whether written or oral, express or implied, entered 31 into after the effective date of this division of 32 this Act between a retailer and a state agency which 33 provides that a retailer is not required to collect 34 sales and use tax in this state despite the presence 35 in this state of a warehouse, distribution center, or 36 fulfillment center that is owned and operated by the 37 retailer or an affiliate of the retailer shall be null 38 and void unless such ruling, agreement, or contract 39 is approved by a majority vote of both houses of the 40 general assembly. 41 2. For purposes of this section, “state agency” 42 means the executive branch, including any executive 43 department, commission, board, institution, division, 44 bureau, office, agency, or other entity of state 45 government. “State agency” does not mean the general 46 assembly, or the judicial branch as provided in section 47 602.1102. 48 Sec. 151. Section 423.36, Code 2011, is amended by 49 adding the following new subsection: 50 -51- HF2465.6051 (1) 84 tm/jp 51/ 54
NEW SUBSECTION . 1A. a. Notwithstanding subsection 1 1, if any person will make taxable sales of tangible 2 personal property or furnish services to any state 3 agency, that person shall, prior to the sale, apply 4 for and receive a permit to collect sales or use tax 5 pursuant to this section. A state agency shall not 6 purchase tangible personal property or services from 7 any person unless that person has a valid, unexpired 8 permit issued pursuant to this section and is in 9 compliance with all other requirements in this chapter 10 imposed upon retailers, including but not limited to 11 the requirement to collect and remit sales and use tax 12 and file sales tax returns. 13 b. For purposes of this subsection, “state 14 agency” means any executive, judicial, or legislative 15 department, commission, board, institution, division, 16 bureau, office, agency, or other entity of state 17 government. 18 DIVISION XVI 19 COMMERCIAL ESTABLISHMENT FUND 20 Sec. 152. Section 162.2, Code 2011, is amended by 21 adding the following new subsections: 22 NEW SUBSECTION . 12A. “Dispositional expenses” means 23 the same as defined in section 717B.1. 24 NEW SUBSECTION . 16A. “Local authority” means the 25 same as defined in section 717B.1. 26 Sec. 153. Section 162.2C, Code 2011, is amended by 27 adding the following new subsections: 28 NEW SUBSECTION . 2A. The fiscal year of the fund 29 begins July 1 and ends June 30. Fiscal quarters of the 30 fund begin July 1, October 1, January 1, and April 1. 31 NEW SUBSECTION . 2B. The fund shall include two 32 accounts, a general account and a dispositional 33 account. 34 a. Except as provided in paragraph “b” , the general 35 account is composed of all moneys deposited in the fund 36 as provided in subsection 2. The department shall 37 utilize moneys in the general account to provide for 38 the administration and enforcement of this chapter. 39 b. The dispositional account is composed of all 40 fees collected pursuant to section 162.2B, until the 41 department determines that the account has achieved 42 a threshold of at least two hundred fifty thousand 43 dollars. At the end of each fiscal quarter the 44 department shall determine the balance of unencumbered 45 and unobligated moneys in the account, and may transfer 46 any moneys in the account exceeding the threshold to 47 the general account. The department shall return 48 any unexpended and unobligated moneys expended from 49 the dispositional account back to that account, or 50 -52- HF2465.6051 (1) 84 tm/jp 52/ 54
the general account if the dispositional account’s 1 threshold is achieved. 2 Sec. 154. NEW SECTION . 162.2D Payment of 3 dispositional expenses incurred by local authorities. 4 1. Moneys deposited into the dispositional account 5 of the commercial establishment fund created in section 6 162.2C are appropriated to the department to pay 7 eligible claims submitted to the department by local 8 authorities for dispositional expenses incurred by 9 the local authority, including by providing for the 10 maintenance of a vertebrate animal subject to a court 11 hearing pursuant to section 717B.4 or rescued pursuant 12 to section 717B.5. This section does not apply to 13 livestock as defined in section 717.1. 14 2. The department shall pay an eligible claim 15 according to procedures adopted by departmental 16 rule. In order for a claim to be eligible, all of the 17 following must apply: 18 a. At the time of the hearing for the disposition 19 of the vertebrate animal or the rescue of the 20 vertebrate animal, the vertebrate animal must have been 21 possessed or controlled by a commercial establishment 22 that possessed or controlled more than twenty 23 vertebrate animals at any one time during the prior 24 twelve months. 25 b. The commercial establishment must be required to 26 operate pursuant to an authorization issued or renewed 27 pursuant to section 162.2A, regardless of whether the 28 commercial establishment is actually issued or renewed 29 such authorization. 30 c. The dispositional expenses must be actually 31 and reasonably incurred by the local authority, 32 including by an animal care provider providing for the 33 maintenance of the vertebrate animal under contract 34 with the local authority. 35 d. The local authority must submit the claim to the 36 department according to procedures established by rules 37 adopted by the department. A claim is not eligible 38 if submitted twelve months or more after the local 39 authority has incurred its final dispositional expense. 40 3. A claim is eligible for payment even if any of 41 the following applies: 42 a. The responsible party has posted a bond or 43 other security with the local authority as provided in 44 section 717B.4. 45 b. The local authority may receive a future payment 46 for the dispositional expense from a responsible party 47 as provided in section 717B.4. 48 4. Upon a determination that the claim is eligible, 49 the department shall provide for payment to the local 50 -53- HF2465.6051 (1) 84 tm/jp 53/ 54
authority of one hundred percent of the claimed amount. 1 If there are insufficient moneys in the dispositional 2 account to make full payment of all eligible claims, 3 the department shall prorate the payment amounts and 4 defer the remaining payment until the dispositional 5 account again contains sufficient moneys. 6 5. A local authority shall repay the department 7 the claimed amount as provided in subsection 4 from 8 any moneys received by the local authority from a 9 responsible party for dispositional expenses pursuant 10 to section 717B.4. The department shall deposit the 11 moneys in the commercial establishment fund as provided 12 in section 162.2C. 13 Sec. 155. Section 717B.1, Code 2011, is amended by 14 adding the following new subsection: 15 NEW SUBSECTION . 3A. “Department” means the 16 department of agriculture and land stewardship. 17 Sec. 156. NEW SECTION . 717B.5A Dispositional 18 expenses —— commercial establishment fund. 19 A local authority may submit a claim to the 20 department to pay for dispositional expenses incurred 21 by the local authority if the local authority complies 22 with the requirements provided in section 162.2D. > 23 2. Title page, by striking lines 1 through 5 and 24 inserting < An Act relating to state and local finances 25 by making and adjusting appropriations, providing for 26 funding of property tax credits and reimbursements and 27 for other matters pertaining to taxation, providing 28 for fees and criminal penalties, providing for legal 29 responsibilities, providing for certain insurance and 30 employee benefits, and providing for properly related 31 matters, and including effective date and retroactive 32 and other applicability provisions. > 33 3. By renumbering as necessary. 34 ______________________________ COMMITTEE ON APPROPRIATIONS ROBERT E. DVORSKY, CHAIRPERSON -54- HF2465.6051 (1) 84 tm/jp 54/ 54 #2. #3.