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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
108,886
32
5.
For
programs
for
at-risk
children
under
section
33
279.51
:
34
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,364,446
35
10,728,891
36
The
amount
of
any
reduction
in
this
subsection
shall
37
be
prorated
among
the
programs
specified
in
section
38
279.51,
subsection
1
,
paragraphs
“a”,
“b”,
and
“c”.
39
6.
For
payment
for
nonpublic
school
transportation
40
under
section
285.2
:
41
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
7,060,931
42
If
total
approved
claims
for
reimbursement
for
43
nonpublic
school
pupil
transportation
exceed
the
amount
44
appropriated
in
accordance
with
this
subsection,
the
45
department
of
education
shall
prorate
the
amount
of
46
each
approved
claim.
47
7.
For
the
enforcement
of
chapter
453D
relating
to
48
tobacco
product
manufacturers
under
section
453D.8
:
49
.
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.
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.
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.
.
.
.
$
9,208
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#1.
18,416
1
8.
For
reimbursement
for
the
homestead
property
tax
2
credit
under
section
425.1:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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
.
.
.
.
.
.
.
.
.
.
.
.
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.
$
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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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:
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#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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
.
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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
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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
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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.
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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
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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
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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
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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.
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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,
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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.
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(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:
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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
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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
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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
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#2.
#3.