Senate File 452 S-3223 Amend the House amendment, S-3218, to Senate File 1 452, as amended, passed, and reprinted by the Senate, 2 as follows: 3 1. By striking page 1, line 5, through page 60, 4 line 29, and inserting: 5 < DIVISION I 6 STANDING APPROPRIATIONS AND RELATED MATTERS 7 Section 1. BUDGET PROCESS FOR FISCAL YEAR 8 2014-2015. 9 1. For the budget process applicable to the fiscal 10 year beginning July 1, 2014, on or before October 1, 11 2013, in lieu of the information specified in section 12 8.23, subsection 1, unnumbered paragraph 1, and 13 paragraph “a”, all departments and establishments of 14 the government shall transmit to the director of the 15 department of management, on blanks to be furnished 16 by the director, estimates of their expenditure 17 requirements, including every proposed expenditure, for 18 the ensuing fiscal year, together with supporting data 19 and explanations as called for by the director of the 20 department of management after consultation with the 21 legislative services agency. 22 2. The estimates of expenditure requirements 23 shall be in a form specified by the director of 24 the department of management, and the expenditure 25 requirements shall include all proposed expenditures 26 and shall be prioritized by program or the results to 27 be achieved. The estimates shall be accompanied by 28 performance measures for evaluating the effectiveness 29 of the programs or results. 30 Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS 31 —— FY 2013-2014. Notwithstanding the standing 32 appropriations in the following designated sections for 33 the fiscal year beginning July 1, 2013, and ending June 34 30, 2014, the amounts appropriated from the general 35 fund of the state pursuant to these sections for the 36 following designated purposes shall not exceed the 37 following amounts: 38 1. For the work-study program under section 261.85: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 40 The limitation of the appropriation in this 41 subsection 1 shall prevail over any provision in 2013 42 Iowa Acts, House File 604, or any other Act enacted 43 by the general assembly during the 2013 session, that 44 limits the standing appropriation for the fiscal year 45 beginning July 1, 2013, for the work-study program 46 under section 261.85 to zero. 47 2. For payment for nonpublic school transportation 48 under section 285.2: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 50 -1- S3218.2205 (3) 85 tm/jp 1/ 61 #1.
If the total approved claims for reimbursement for 1 nonpublic school pupil transportation exceed the amount 2 appropriated in accordance with this subsection, the 3 department of education shall prorate the amount of 4 each approved claim. 5 3. For the enforcement of chapter 453D relating to 6 tobacco product manufacturers under section 453D.8: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 8 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS 9 —— FY 2014-2015. Notwithstanding the standing 10 appropriations in the following designated sections for 11 the fiscal year beginning July 1, 2014, and ending June 12 30, 2015, the amounts appropriated from the general 13 fund of the state pursuant to these sections for the 14 following designated purposes shall not exceed the 15 following amounts: 16 1. For payment for nonpublic school transportation 17 under section 285.2: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 19 If the total approved claims for reimbursement for 20 nonpublic school pupil transportation exceed the amount 21 appropriated in accordance with this subsection, the 22 department of education shall prorate the amount of 23 each approved claim. 24 2. For the enforcement of chapter 453D relating to 25 tobacco product manufacturers under section 453D.8: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 27 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— 28 FY 2013-2014 —— FY 2014-2015. In lieu of the 29 appropriation provided in section 257.20, subsection 2 , 30 the appropriation for the fiscal years beginning July 31 1, 2013, and July 1, 2014, for paying instructional 32 support state aid under section 257.20 for fiscal years 33 2013-2014 and 2014-2015 is zero. 34 Sec. 5. Section 8.8, Code 2013, is amended to read 35 as follows: 36 8.8 Special olympics fund —— appropriation. 37 A special olympics fund is created in the office 38 of the treasurer of state under the control of the 39 department of management. There is appropriated 40 annually from the general fund of the state to the 41 special olympics fund fifty one hundred thousand 42 dollars for distribution to one or more organizations 43 which administer special olympics programs benefiting 44 the citizens of Iowa with disabilities. 45 DIVISION II 46 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 47 Sec. 6. INDIVIDUAL DEVELOPMENT ACCOUNT 48 PROGRAM. There is appropriated from the general fund 49 of the state to the department of human rights for the 50 -2- S3218.2205 (3) 85 tm/jp 2/ 61
fiscal year beginning July 1, 2013, and ending June 30, 1 2014, the following amounts, or so much thereof as is 2 necessary, for the purposes designated: 3 For deposit in the individual development account 4 state match fund created in section 541A.7 to support 5 the operating organization providing individual 6 development accounts in Iowa: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 8 Sec. 7. RENEWABLE ENERGY TRAINING AND 9 EDUCATION. There is appropriated from the general fund 10 of the state to the department of workforce development 11 for the following fiscal years, the following amounts, 12 or so much thereof as is necessary, to distribute for a 13 public purpose to an entity with a mission of educating 14 workers and the public in the various aspects of 15 renewable energy, its usage, and related occupational 16 opportunities: 17 1. FY 2013-2014 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 19 2. FY 2014-2015 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 21 Sec. 8. PUBLIC TRANSIT. There is appropriated from 22 the general fund of the state to the department of 23 transportation, for the fiscal year beginning July 1, 24 2012, and ending June 30, 2013, the following amount, 25 or so much thereof as is necessary, for the purposes 26 designated: 27 For distribution to the public transit systems in 28 the state for vehicle purchasing priorities: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 30 For purposes of section 8.33, unencumbered or 31 unobligated moneys from the moneys appropriated in this 32 section shall not revert at the close of the fiscal 33 year but shall remain available for expenditure for the 34 purposes designated until the close of the fiscal year 35 that ends two years after the end of the fiscal year 36 for which the appropriation was made. 37 Sec. 9. AIR TRAFFIC CONTROL TOWER. There is 38 appropriated from the general fund of the state to 39 the department of transportation, for the fiscal year 40 beginning July 1, 2013, and ending June 30, 2014, the 41 following amount, or so much thereof as is necessary, 42 for the purposes designated: 43 For the public purpose of defraying costs associated 44 with the operation of a contract air traffic control 45 tower which holds an air agency certificate: 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 47 Moneys appropriated by this section shall be 48 distributed on a local match basis to the largest city 49 in a county with a population of more than 92,000 and 50 -3- S3218.2205 (3) 85 tm/jp 3/ 61
less than 95,000 as of the last preceding certified 1 federal census. 2 Sec. 10. GOVERNOR AND LIEUTENANT GOVERNOR —— FTE 3 AUTHORIZATION. For purposes of the offices of the 4 governor and lieutenant governor, there is authorized 5 an additional 3.00 full-time equivalent positions above 6 those otherwise authorized pursuant to 2013 Iowa Acts, 7 House File 603, if enacted. 8 Sec. 11. Section 91C.7, subsection 1, Code 2013, is 9 amended to read as follows: 10 1. A contractor who is not registered with the 11 labor commissioner as required by this chapter shall 12 not be awarded a contract to perform work for the state 13 or , an agency of the state , or a political subdivision 14 of the state . 15 Sec. 12. Section 99F.11, subsection 3, paragraph 16 d, subparagraph (3), Code 2013, is amended by striking 17 the subparagraph and inserting in lieu thereof the 18 following: 19 (3) One-half of the moneys remaining after the 20 appropriation in subparagraph (1) is appropriated to 21 the economic development authority for distribution 22 equally to the three state tourism regions to 23 develop public-private partnerships to market local 24 attractions. 25 Sec. 13. Section 135C.7, Code 2013, is amended by 26 adding the following new unnumbered paragraph: 27 NEW UNNUMBERED PARAGRAPH . In addition to the 28 license fees listed in this section, there shall be 29 an annual assessment assessed to each licensee in an 30 amount to cover the cost of independent reviewers 31 provided pursuant to section 135C.42. The department 32 shall, in consultation with licensees, establish 33 the assessment amount by rule based on the award of 34 a request for proposals. The assessment shall be 35 retained by the department as a repayment receipt as 36 defined in section 8.2 and used for the purpose of 37 paying the cost of the independent reviewers. 38 Sec. 14. Section 144.26, Code 2013, is amended by 39 adding the following new subsection: 40 NEW SUBSECTION . 5. Upon the activation of an 41 electronic death record system, each person with a 42 duty related to death certificates shall participate 43 in the electronic death record system. A person with 44 a duty related to a death certificate includes but 45 is not limited to a physician as defined in section 46 135.1, a physician assistant, an advanced registered 47 nurse practitioner, a funeral director, and a county 48 recorder. 49 Sec. 15. Section 216A.3, subsection 3, Code 2013, 50 -4- S3218.2205 (3) 85 tm/jp 4/ 61
is amended to read as follows: 1 3. A majority of the voting members of the board 2 shall constitute a quorum, and the affirmative vote of 3 two-thirds of the voting members present is necessary 4 for any substantive action taken by the board. The 5 board shall select a chairperson from the voting 6 members of the board. The board shall meet not less 7 than four times a year. 8 Sec. 16. Section 231.64, subsection 1, unnumbered 9 paragraph 1, Code 2013, is amended to read as follows: 10 The aging and disability resource center program 11 shall be administered by the department consistent 12 with the federal Act. The department shall designate 13 participating entities area agencies on aging to 14 establish a coordinated system for providing all of the 15 following: 16 Sec. 17. Section 257.11, subsection 6A, paragraph 17 a, subparagraph (1), as enacted by 2013 Iowa Acts, 18 House File 472, section 1, is amended to read as 19 follows: (1) In order to provide additional funding 20 to increase student opportunities and redirect more 21 resources to student programming for school districts 22 that share operational functions, a supplementary 23 weighting of two hundredths per pupil shall be assigned 24 to pupils enrolled in a district that shares with a 25 political subdivision one or more operational functions 26 of a curriculum director, school administration 27 manager, mental health therapist, social worker, 28 school nurse, school counselor, or school librarian, 29 or one or more operational functions in the areas 30 of superintendent management, business management, 31 human resources, transportation, or operation and 32 maintenance for at least twenty percent of the school 33 year. The additional weighting shall be assigned 34 for each discrete operational function shared. The 35 operational function sharing arrangement does not 36 need to be a newly implemented sharing arrangement to 37 receive supplementary weighting under this subsection . 38 However, to receive supplementary weighting under 39 this subsection for an ongoing operational function 40 sharing arrangement that began before July 1, 2014, the 41 district shall submit information to the department 42 documenting the cost savings directly attributable 43 to the shared operational functions and describe 44 the district’s consideration of additional shared 45 operational functions. 46 Sec. 18. Section 261.93, subsection 2, paragraph 47 b, subparagraph (4), Code 2013, is amended to read as 48 follows: 49 (4) Is the child of a fire fighter or police 50 -5- S3218.2205 (3) 85 tm/jp 5/ 61
officer included under section 97B.49B , who was killed 1 in the line of duty as determined by the Iowa public 2 employees’ retirement system in accordance with section 3 97B.52, subsection 2 . 4 Sec. 19. Section 306D.4, Code 2013, is amended to 5 read as follows: 6 306D.4 Scenic highway advertising. 7 1. The state department of transportation shall 8 have the authority to adopt rules to control the 9 erection of new advertising devices on a highway 10 designated as a scenic highway or scenic byway in order 11 to comply with federal requirements concerning the 12 implementation of a scenic byways program. 13 2. Notwithstanding subsection 1, if an advertising 14 device was lawfully erected along an interstate 15 highway within the corporate limits of a city prior to 16 designation of the highway as a scenic byway, and the 17 advertising device is subsequently displaced due to 18 the reconstruction, improvement, or relocation of the 19 highway, the advertising device may be erected at the 20 same location or at a location as close to the original 21 location as is practicable that is visible from the 22 main-traveled way, and shall not be considered a new 23 advertising device, if all of the following apply: 24 a. The location is in compliance with the 25 requirements of chapter 306C applicable to interstate 26 highways that are not part of a designated scenic 27 byway. 28 b. The location is approved by the governing body 29 of the city. 30 Sec. 20. Section 692A.113, subsection 3, Code 2013, 31 is amended by adding the following new paragraph: 32 NEW PARAGRAPH . e. Operate, manage, be employed by, 33 or act as a contractor or volunteer at a business that 34 operates a motor vehicle primarily marketing, from or 35 near the motor vehicle, the sale and dispensing of ice 36 cream or other food products to minors. 37 Sec. 21. 2013 Iowa Acts, Senate File 446, if 38 enacted, is amended by adding the following section: 39 SEC. 11A. NEW SECTION . CHRONIC CARE 40 CONSORTIUM. Of the funds appropriated in this Act from 41 the general fund of the state to the department of 42 human services for the medical assistance program for 43 the fiscal year beginning July 1, 2013, and ending June 44 30, 2014, $200,000 shall be used for the Iowa chronic 45 care consortium pursuant to 2003 Iowa Acts, chapter 46 112, section 12, as amended by 2003 Iowa Acts, chapter 47 179, section 166 and 167. 48 Sec. 22. CONDITIONAL EFFECTIVE DATE. The section 49 of this division of this Act amending section 99F.11, 50 -6- S3218.2205 (3) 85 tm/jp 6/ 61
takes effect only if 2013 Iowa Acts, House File 620, 1 striking section 99F.11, subsection 3, paragraph d, 2 subparagraph (3), is enacted. 3 Sec. 23. EFFECTIVE UPON ENACTMENT. The following 4 provision or provisions of this division of this Act, 5 being deemed of immediate importance, take effect upon 6 enactment: 7 1. The section of this Act appropriating moneys to 8 the department of transportation for public transit 9 purposes. 10 DIVISION III 11 CORRECTIVE PROVISIONS 12 Sec. 24. Section 2.12, unnumbered paragraph 4, Code 13 2013, as amended by 2013 Iowa Acts, House File 185, 14 section 1, is amended to read as follows: 15 There is appropriated out of any funds in the state 16 treasury not otherwise appropriated such sums as 17 may be necessary for the fiscal year budgets of the 18 legislative services agency and the ombudsman office 19 of ombudsman for salaries, support, maintenance, and 20 miscellaneous purposes to carry out their statutory 21 responsibilities. The legislative services agency 22 and the ombudsman office of ombudsman shall submit 23 their proposed budgets to the legislative council not 24 later than September 1 of each year. The legislative 25 council shall review and approve the proposed budgets 26 not later than December 1 of each year. The budget 27 approved by the legislative council for each of its 28 statutory legislative agencies shall be transmitted by 29 the legislative council to the department of management 30 on or before December 1 of each year for the fiscal 31 year beginning July 1 of the following year. The 32 department of management shall submit the approved 33 budgets received from the legislative council to the 34 governor for inclusion in the governor’s proposed 35 budget for the succeeding fiscal year. The approved 36 budgets shall also be submitted to the chairpersons of 37 the committees on appropriations. The committees on 38 appropriations may allocate from the funds appropriated 39 by this section the funds contained in the approved 40 budgets, or such other amounts as specified, pursuant 41 to a concurrent resolution to be approved by both 42 houses of the general assembly. The director of 43 the department of administrative services shall 44 issue warrants for salaries, support, maintenance, 45 and miscellaneous purposes upon requisition by the 46 administrative head of each statutory legislative 47 agency. If the legislative council elects to change 48 the approved budget for a legislative agency prior to 49 July 1, the legislative council shall transmit the 50 -7- S3218.2205 (3) 85 tm/jp 7/ 61
amount of the budget revision to the department of 1 management prior to July 1 of the fiscal year, however, 2 if the general assembly approved the budget it cannot 3 be changed except pursuant to a concurrent resolution 4 approved by the general assembly. 5 Sec. 25. Section 2.42, subsection 14, Code 2013, as 6 amended by 2013 Iowa Acts, House File 185, section 2, 7 is amended to read as follows: 8 14. To hear and act upon appeals of aggrieved 9 employees of the legislative services agency and the 10 office of the ombudsman pursuant to rules of procedure 11 established by the council. 12 Sec. 26. Section 2C.3, subsection 2, Code 2013, as 13 enacted by 2013 Iowa Acts, House File 185, section 4, 14 is amended to read as follows: 15 2. The ombudsman shall employ and supervise all 16 employees under the ombudsman’s direction in such 17 positions and at such salaries as shall be authorized 18 by the legislative council. The legislative council 19 shall hear and act upon appeals of aggrieved employees 20 of the office of the ombudsman. 21 Sec. 27. Section 2C.9, subsection 6, Code 2013, as 22 amended by 2013 Iowa Acts, House File 185, section 10, 23 is amended to read as follows: 24 6. Establish rules relating to the operation, 25 organization, and procedure of the office of the 26 ombudsman. The rules are exempt from chapter 17A and 27 shall be published in the Iowa administrative code. 28 Sec. 28. Section 2C.11, subsection 1, unnumbered 29 paragraph 1, Code 2013, as amended by 2013 Iowa Acts, 30 House File 185, section 12, is amended to read as 31 follows: 32 An appropriate subject for investigation by the 33 office of the ombudsman is an administrative action 34 that might be: 35 Sec. 29. Section 2C.18, Code 2013, as amended by 36 2013 Iowa Acts, House File 185, section 20, is amended 37 to read as follows: 38 2C.18 Report to general assembly. 39 The ombudsman shall by April 1 of each year submit 40 an economically designed and reproduced report to 41 the general assembly and to the governor concerning 42 the exercise of the ombudsman ombudsman’s functions 43 during the preceding calendar year. In discussing 44 matters with which the ombudsman has been concerned, 45 the ombudsman shall not identify specific persons if 46 to do so would cause needless hardship. If the annual 47 report criticizes a named agency or official, it shall 48 also include unedited replies made by the agency or 49 official to the criticism, unless excused by the agency 50 -8- S3218.2205 (3) 85 tm/jp 8/ 61
or official affected. 1 Sec. 30. Section 8B.21, subsection 5, paragraph e, 2 if enacted by 2013 Iowa Acts, Senate File 396, section 3 3, is amended to read as follows: 4 e. The department of public defense shall not be 5 required to obtain any information technology services 6 pursuant to this chapter for the department of public 7 defense that is are provided by the office pursuant 8 to this chapter without the consent of the adjutant 9 general. 10 Sec. 31. Section 23A.4, subsection 3, Code 2013, as 11 enacted by 2013 Iowa Acts, House File 185, section 27, 12 is amended to read as follows: 13 3. Chapter 17A and this section are the exclusive 14 remedy for violations of this chapter . However, the 15 office of the ombudsman may review violations of this 16 chapter and make recommendations as provided in chapter 17 2C . 18 Sec. 32. Section 29.1, Code 2013, as amended by 19 2013 Iowa Acts, House File 307, section 9, is amended 20 to read as follows: 21 29.1 Department of public defense. 22 The department of public defense is composed of the 23 office of the adjutant general and the military forces 24 of the state of Iowa. The adjutant general is the 25 director of the department of public defense and shall 26 perform all functions, responsibilities, powers, and 27 duties over concerning the military forces of the state 28 of Iowa as provided in the laws of the state. 29 Sec. 33. Section 35A.13, subsection 6A, paragraph 30 b, subparagraph (1), if enacted by 2013 Iowa Acts, 31 House File 613, section 2, is amended to read as 32 follows: 33 (1) The commission may provide educational 34 assistance funds to any child who has lived in the 35 state of Iowa for two years preceding application for 36 state educational assistance, and who is the child 37 of a person who died prior to September 11, 2001, 38 during active federal military service while serving 39 in the armed forces or during active federal military 40 service in the Iowa national guard or other military 41 component of the United States, to defray the expenses 42 of tuition, matriculation, laboratory and similar 43 fees, books and supplies, board, lodging, and any 44 other reasonably necessary expense for the child or 45 children incident to attendance in this state at an 46 educational or training institution of college grade, 47 or in a business or vocational training school with 48 standards approved by the department. The commission 49 shall not expend more than six hundred dollars per year 50 -9- S3218.2205 (3) 85 tm/jp 9/ 61
for educational assistance for any one child under this 1 paragraph “b” . 2 Sec. 34. Section 70A.28, subsection 6, Code 2013, 3 as amended by 2013 Iowa Acts, House File 185, section 4 28, is amended to read as follows: 5 6. Subsection 2 may also be enforced by an employee 6 through an administrative action pursuant to the 7 requirements of this subsection if the employee is not 8 a merit system employee or an employee covered by a 9 collective bargaining agreement. An employee eligible 10 to pursue an administrative action pursuant to this 11 subsection who is discharged, suspended, demoted, or 12 otherwise receives a reduction in pay and who believes 13 the adverse employment action was taken as a result 14 of the employee’s disclosure of information that 15 was authorized pursuant to subsection 2 , may file an 16 appeal of the adverse employment action with the public 17 employment relations board within thirty calendar days 18 following the later of the effective date of the action 19 or the date a finding is issued to the employee by the 20 office of the ombudsman pursuant to section 2C.11A . 21 The findings issued by the ombudsman may be introduced 22 as evidence before the public employment relations 23 board. The employee has the right to a hearing closed 24 to the public, but may request a public hearing. The 25 hearing shall otherwise be conducted in accordance with 26 the rules of the public employment relations board and 27 the Iowa administrative procedure Act, chapter 17A . If 28 the public employment relations board finds that the 29 action taken in regard to the employee was in violation 30 of subsection 2 , the employee may be reinstated without 31 loss of pay or benefits for the elapsed period, or 32 the public employment relations board may provide 33 other appropriate remedies. Decisions by the public 34 employment relations board constitute final agency 35 action. 36 Sec. 35. Section 105.10, subsection 3, Code 2013, 37 as amended by 2013 Iowa Acts, Senate File 427, section 38 10, is amended to read as follows: 39 3. An individual holding a master mechanical 40 license shall not be required to get an 41 HVAC-refrigeration, sheet metal, or hydronic license in 42 order to design, install, or repair the work defined 43 in this chapter as mechanical, HVAC-refrigeration, 44 sheet metal, or hydronic work. An individual holding 45 a journey journeyperson mechanical license shall 46 not be required to get an HVAC-refrigeration, sheet 47 metal, or hydronic license in order to install and 48 repair the work defined in this chapter as mechanical, 49 HVAC-refrigeration, sheet metal, or hydronic work. An 50 -10- S3218.2205 (3) 85 tm/jp 10/ 61
individual holding a master or journey journeyperson 1 mechanical license shall also not be required to obtain 2 a special, restricted license that is designated as a 3 sublicense of the mechanical, HVAC-refrigeration, sheet 4 metal, or hydronic licenses. 5 Sec. 36. Section 105.32, as enacted by 2013 Iowa 6 Acts, Senate File 427, section 32, Code 2013, is 7 amended to read as follows: 8 105.32 Transition provisions. 9 A licensee whose license expires between June 30, 10 2014, and July 1, 2017, may voluntarily renew their 11 the license early so they may have the license has an 12 expiration date of June 30, 2017. This voluntary early 13 renewal may happen at any time on or after July 1, 14 2014. The department shall promulgate rules that allow 15 for this one-time early renewal process, including fees 16 and continuing education requirements. 17 Sec. 37. Section 126.11, subsection 3, paragraph 18 b, Code 2013, as amended by 2013 Iowa Acts, House File 19 417, section 26, is amended to read as follows: 20 b. A drug dispensed by filling or refilling a 21 written, electronic, facsimile, or oral prescription 22 of a practitioner licensed by law to administer the 23 drug is exempt from section 126.10 , except section 24 126.10, subsection 1 , paragraph “a” , section 126.10, 25 subsection 1, paragraph “i” , subparagraphs (2) and (3), 26 and section 126.10, subsection 1 , paragraphs “k” and 27 “l” , and the packaging requirements of section 126.10, 28 subsection 1 , paragraphs “g” , “h” , and “p” , if the 29 drug bears a label containing the name and address of 30 the dispenser, the date of the prescription or of its 31 filling, the name of the prescriber, and, if stated 32 in the prescription, the name of the patient, and the 33 directions for use and cautionary statements, if any, 34 contained in the prescription. This exemption does 35 not apply to a drug dispensed in the course of the 36 conduct of the business of dispensing drugs pursuant to 37 diagnosis by mail, or to a drug dispensed in violation 38 of paragraph “a” of this subsection . 39 Sec. 38. Section 249A.43, subsection 3, as enacted 40 by 2013 Iowa Acts, Senate File 357, section 7, is 41 amended to read as follows: 42 3. An affidavit of service of a notice of entry 43 of judgment shall be made by first class mail at the 44 address where the debtor was served with the notice 45 of overpayment. Service is completed upon mailing as 46 specified in this paragraph subsection . 47 Sec. 39. Section 252D.17, subsection 1, paragraph 48 m, as enacted by 2013 Iowa Acts, House File 417, 49 section 55, Code 2013, is amended to read as follows: 50 -11- S3218.2205 (3) 85 tm/jp 11/ 61
m. 2. The department shall establish criteria and 1 a phased-in schedule to require, no later than June 2 30, 2015, payors of income to electronically transmit 3 the amounts withheld under an income withholding 4 order. The department shall assist payors of income in 5 complying with the required electronic transmission, 6 and shall adopt rules setting forth procedures 7 for use in electronic transmission of funds, and 8 exemption from use of electronic transmission taking 9 into consideration any undue hardship electronic 10 transmission creates for payors of income. 11 Sec. 40. Section 263B.3, Code 2013, as amended by 12 2013 Iowa Acts, House File 417, section 63, is amended 13 to read as follows: 14 263B.3 Agreements with federal departments. 15 The state archaeologist is authorized to enter into 16 agreements and cooperative efforts with the federal 17 highway administrator, the United States departments 18 of commerce, interior, agriculture, and defense, 19 and any other federal or state agencies concerned 20 with archaeological salvage or the preservation of 21 antiquities. 22 Sec. 41. Section 321.463, subsection 12A, 23 paragraphs a and c, as enacted by 2013 Iowa Acts, House 24 File 14, section 1, are amended to read as follows: 25 a. A person operating a vehicle or combination of 26 vehicles equipped with a retractable axle may raise the 27 axle when necessary to negotiate a turn, provided that 28 the retractable axle is lowered within one thousand 29 feet following completion of the turn. This paragraph 30 does not apply to a vehicle or combination of vehicles 31 operated on an interstate highway, including a ramp to 32 or from an interstate highway, or on a bridge. 33 c. This subsection does not prohibit the operation 34 of a vehicle or combination of vehicles equipped with 35 a retractable axle from operating with the retractable 36 axle raised when the vehicle or combination of vehicles 37 is in compliance with the weight limitations of this 38 section with the retractable axle raised. 39 Sec. 42. Section 321E.9A, subsection 1, Code 2013, 40 as amended by 2013 Iowa Acts, Senate File 355, section 41 7, is amended to read as follows: 42 1. Vehicles with indivisible loads having an 43 overall length not to exceed one hundred twenty feet, 44 an overall width not to exceed sixteen feet, and a 45 height not to exceed fifteen feet five inches may 46 be moved on highways specified by the permitting 47 permit-issuing authority, provided the gross weight on 48 any one axle shall not exceed the maximum prescribed 49 in section 321.463 and the total gross weight is not 50 -12- S3218.2205 (3) 85 tm/jp 12/ 61
greater than one hundred fifty-six thousand pounds. 1 Sec. 43. Section 327F.39, subsection 6, paragraph 2 b, if enacted by 2013 Iowa Acts, Senate File 340, 3 section 4, is amended to read as follows: 4 b. A violation of subsection 4A or rules adopted 5 pursuant to subsection 4A by a railroad worker 6 transportation company or a railroad corporation 7 company is punishable as a schedule “one” penalty under 8 section 327C.5. 9 Sec. 44. Section 418.5, subsection 1, Code 2013, as 10 amended by 2013 Iowa Acts, House File 307, section 51, 11 is amended to read as follows: 12 1. The flood mitigation board is established 13 consisting of nine voting members and four ex officio, 14 nonvoting members, and is located for administrative 15 purposes within the division department . The director 16 of the department shall provide office space, staff 17 assistance, and necessary supplies and equipment for 18 the board. The director shall budget funds to pay the 19 necessary expenses of the board. In performing its 20 functions, the board is performing a public function 21 on behalf of the state and is a public instrumentality 22 of the state. 23 Sec. 45. Section 426A.11, subsection 1, Code 2013, 24 as amended by 2013 Iowa Acts, House File 417, section 25 97, is amended to read as follows: 26 1. The property, not to exceed two thousand seven 27 hundred seventy-eight dollars in taxable value of any 28 veteran, as defined in section 35.1 , of the World War 29 I. 30 Sec. 46. Section 437B.2, subsection 8, paragraph a, 31 subparagraph (2), if enacted by 2013 Iowa Acts, Senate 32 File 451, section 11, is amended to read as follows: 33 (2) A water treatment plant where the acquisition 34 cost of all interests acquired exceeds ten million 35 dollars. For purposes of this paragraph subparagraph , 36 “water treatment plant” means buildings and equipment 37 used in that portion of the potable water supply system 38 which in some way alters the physical, chemical, or 39 bacteriological quality of the water. 40 Sec. 47. Section 437B.2, subsection 10, if enacted 41 by 2013 Iowa Acts, Senate File 451, section 11, is 42 amended to read as follows: 43 10. “Operating property” means all property owned 44 by or leased to a water utility, not otherwise taxed 45 separately, which is necessary to and without which the 46 company water utility could not perform the activities 47 of a water utility. 48 Sec. 48. Section 437B.10, subsection 2, paragraph 49 b, if enacted by 2013 Iowa Acts, Senate File 451, 50 -13- S3218.2205 (3) 85 tm/jp 13/ 61
section 19, is amended to read as follows: 1 b. Local taxing authority employees are deemed to 2 be officers and employees of the state for purposes 3 this of of this subsection. 4 Sec. 49. Section 455B.275, subsection 3A, 5 paragraphs a and b, if enacted by 2013 Iowa Acts, House 6 File 541, section 1, are amended to read as follows: 7 a. The person reconstructing the dam is only 8 required to possess the flooding easements or ownership 9 which were was held prior to the reconstruction as long 10 as the former normal pool elevation is not exceeded and 11 the spillway capacity is increased by at least fifty 12 percent. 13 b. Flooding easements or ownership are is only 14 required to the top of the reconstructed spillway 15 elevation. 16 Sec. 50. Section 490.863, subsection 3, paragraph 17 a, as enacted by 2013 Iowa Acts, House File 469, 18 section 43, is amended to read as follows: 19 a. “Holder” means and “held by” refers to shares 20 held by both a record shareholder, as defined in 21 section 490.1301, subsection 7, and a beneficial 22 shareholder, as defined in section 490.1301, subsection 23 2. 24 Sec. 51. Section 490.1302, subsection 2, paragraph 25 d, Code 2013, as amended by 2013 Iowa Acts, House File 26 469, section 53, is amended to read as follows: 27 d. Paragraph “a” , shall not be applicable and 28 appraisal rights shall be available pursuant to 29 subsection 1 for the holders of any class or series 30 of shares where the corporate action is an interested 31 transaction. 32 Sec. 52. Section 522.6, subsection 2, if enacted by 33 2013 Iowa Acts, Senate File 189, section 6, is amended 34 to read as follows: 35 2. If an insurer qualifies for exemption from the 36 requirements of this chapter pursuant to paragraph “a” 37 of subsection 1, but the insurance group of which the 38 insurer is a member does not qualify for exemption 39 pursuant to paragraph “b” of subsection 1, then the 40 own risk and solvency assessment summary report that 41 is required pursuant to section 521H.5 522.5 shall 42 include information concerning every insurer in the 43 insurance group. This requirement may be satisfied by 44 the submission of more than one summary report for any 45 combination of insurers in the insurance group provided 46 that the combination of reports submitted includes 47 every insurer in the insurance group. 48 Sec. 53. Section 533.405, subsection 4A, paragraph 49 b, subparagraphs (1) and (2), as enacted by 2013 Iowa 50 -14- S3218.2205 (3) 85 tm/jp 14/ 61
Acts, Senate File 183, section 8, are amended to read 1 as follows: 2 (1) State credit unions with assets in excess of $5 3 five million dollars as of the month ending immediately 4 prior to the date of the conclusion of the vote by the 5 membership approving the dissolution shall publish 6 the notice once a week for two successive weeks in a 7 newspaper of general circulation in each county in 8 which the state credit union maintains an office or 9 branch for the transaction of business. 10 (2) State credit unions with assets of $5 five 11 million dollars or less as of the month ending 12 immediately prior to the date of the conclusion of 13 the vote by the membership approving the dissolution 14 shall publish the notice once in a newspaper of general 15 circulation in each county in which the state credit 16 union maintains an office or branch. 17 Sec. 54. Section 543C.2, subsection 1, paragraph j, 18 if enacted by 2013 Iowa Acts, House File 556, section 19 167, is amended to read as follows: 20 j. The subdivider, if a corporation, must register 21 to do business in the state of Iowa as a foreign 22 corporation with the secretary of state and furnish a 23 copy of the certificate of authority to do business 24 in the state of Iowa. If not a corporation, the 25 subdivider must comply with the provisions of chapter 26 547 , by filing a proper trade name with the Polk 27 county recorder. The provisions of this subsection 28 paragraph shall also apply to any person, partnership, 29 firm, company, corporation, or association, other than 30 the subdivider, which is engaged by or through the 31 subdivider for the purpose of advertising or selling 32 the land involved in the filing. 33 Sec. 55. Section 556.2, subsection 5, paragraph a, 34 unnumbered paragraph 1, as enacted by 2013 Iowa Acts, 35 House File 417, section 174, is amended to read as 36 follows: 37 A banking organization or financial organization 38 shall send to the owner of each account, to which none 39 of the actions specified in subsection 2 1 , paragraphs 40 “a” through “e” or subsection 2, paragraphs “a” through 41 “e” have occurred during the preceding three calendar 42 years, a notice by certified mail stating in substance 43 the following: 44 Sec. 56. Section 716.7, subsection 1, as amended 45 by 2013 Iowa Acts, House File 556, section 234, if 46 enacted, is amended to read as follows: 47 1. For purposes of this section: 48 a. “Property” shall include any land, dwelling, 49 building, conveyance, vehicle, or other temporary or 50 -15- S3218.2205 (3) 85 tm/jp 15/ 61
permanent structure whether publicly or privately 1 owned. 2 b. “Public utility” is a public utility as defined 3 in section 476.1 or an electric transmission line as 4 provided in chapter 478. 5 b. c. “Public utility property” means any land, 6 dwelling, building, conveyance, vehicle, or other 7 temporary or permanent structure owned, leased, or 8 operated by a public utility and that is completely 9 enclosed by a physical barrier of any kind. For 10 the purposes of this section, a “public utility” is 11 a public utility as defined in section 476.1 or an 12 electric transmission line as provided in chapter 478. 13 c. d. “Railway corporation” means a corporation, 14 company, or person owning, leasing, or operating any 15 railroad in whole or in part within this state. 16 d. e. “Railway property” means all tangible real 17 and personal property owned, leased, or operated 18 by a railway corporation with the exception of any 19 administrative building or offices of the railway 20 corporation. 21 Sec. 57. Section 724.2, subsection 1, paragraph i, 22 if enacted by 2013 Iowa Acts, House File 556, section 23 206, is amended to read as follows: 24 i. A nonresident who possesses an offensive weapon 25 which is a curio or relic firearm under the federal 26 Firearms Act, 18 U.S.C. ch. 44, solely for use in 27 official functions in this state of a historical 28 reenactment organization of which the person is a 29 member, if the offensive weapon is legally possessed 30 by the person in the person’s state of residence and 31 the offensive weapon is at all times while in this 32 state rendered incapable of firing live ammunition. A 33 nonresident who possesses an offensive weapon under 34 this subsection paragraph while in this state shall 35 not have in the person’s possession live ammunition. 36 The offensive weapon may, however, be adapted for the 37 firing of blank ammunition. 38 Sec. 58. 2013 Iowa Acts, House File 556, section 39 257, subsection 3, if enacted, is amended by adding the 40 following new subsection: 41 NEW SUBSECTION . 12. The Code editor is directed 42 to change any terminology that references a web site, 43 websites, the internet, and internet site, or internet 44 sites in any Act enacted during the 2013 regular 45 session of the Eighty-fifth General Assembly in the 46 same manner as that terminology is changed in this 47 section of this Act. 48 Sec. 59. 2013 Iowa Acts, House File 607, section 49 29, subsection 3, if enacted, is amended to read as 50 -16- S3218.2205 (3) 85 tm/jp 16/ 61
follows: 1 3. The department of agriculture and land 2 stewardship or the office of attorney general acting 3 on behalf of the agricultural development authority in 4 an administrative or judicial proceeding shall not be 5 affected as a result of this Act. Any statue statute 6 of limitation shall apply to the parties as if this Act 7 had not been enacted. 8 Sec. 60. 2013 Iowa Acts, House File 607, section 9 34, if enacted, is amended to read as follows: 10 SEC. 34. ADMINISTRATION OF ONGOING PROGRAMS. The 11 Iowa finance authority shall complete the 12 administration of ongoing programs of the agricultural 13 development authority as provided in chapter 175, to 14 the extent that the administration of those programs 15 are is in progress on the effective date of this 16 division of this Act. The Iowa finance authority shall 17 assume all rights and obligations of the agricultural 18 development authority to the extent that moneys have 19 been committed, obligations incurred, or rights accrued 20 prior to the effective date of this division of this 21 Act. Moneys owing due to the rights and obligations of 22 the agricultural development authority and assumed by 23 the Iowa finance authority shall be paid as directed by 24 the Iowa finance authority. 25 Sec. 61. 2013 Iowa Acts, House File 607, section 26 35, subsection 1, if enacted, is amended to read as 27 follows: 28 1. The assets and liabilities of the former 29 Iowa rural rehabilitation corporation assumed by 30 the agricultural development authority pursuant to 31 section 175.28 shall be transferred to the Iowa finance 32 authority on the effective date of this division of 33 this Act. On such effective date, the Iowa finance 34 authority shall be the successor in interest to 35 the agreements in effect between the United States 36 government and the agricultural development authority 37 on behalf of this state. 38 Sec. 62. 2013 Iowa Acts, Senate File 427, section 39 35, is amended to read as follows: 40 SEC. 35 ADMINISTRATIVE RULES. The department 41 of public health shall adopt all initial rules, 42 and amendments to existing rules, necessary for the 43 implementation of this Act. 44 Sec. 63. REPEAL. 2013 Iowa Acts, House File 417, 45 section 34, and 2013 Iowa Acts, House File 556, section 46 27, if enacted, are repealed. 47 Sec. 64. REPEAL. 2013 Iowa Acts, House File 469, 48 sections 83 and 84, are repealed. 49 Sec. 65. CONTINGENT REPEAL. If 2013 Iowa Acts, 50 -17- S3218.2205 (3) 85 tm/jp 17/ 61
House File 575, section 12, is enacted, 2013 Iowa Acts, 1 House File 417, section 93, is repealed. 2 DIVISION IV 3 PUBLIC RETIREMENT SYSTEMS 4 Sec. 66. JUDICIAL RETIREMENT FUND. There is 5 appropriated from the general fund of the state to the 6 judicial retirement fund described in section 602.9104 7 for the following fiscal years, the following amounts: 8 1. FY 2013-2014 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 10 2. FY 2014-2015 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 12 Sec. 67. FIRE AND POLICE RETIREMENT FUND. There 13 is appropriated from the general fund of the state to 14 the fire and police retirement fund created in section 15 411.8 for the following fiscal years, the following 16 amounts: 17 1. FY 2012-2013 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,600,000 19 2. FY 2013-2014 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 21 3. FY 2014-2015 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 23 Sec. 68. Section 97A.11A, subsection 1, Code 2013, 24 is amended to read as follows: 25 1. Beginning with the fiscal year commencing July 26 1, 2013 2012 , and ending June 30 of the fiscal year 27 during which the board determines that the system’s 28 funded ratio of assets to liabilities is at least 29 eighty-five percent, there is appropriated from the 30 general fund of the state for each fiscal year to the 31 retirement fund described in section 97A.8 , an amount 32 equal to five million dollars. 33 Sec. 69. EFFECTIVE UPON ENACTMENT. The section of 34 this division of this Act amending section 97A.11A, 35 being deemed of immediate importance, takes effect upon 36 enactment. 37 Sec. 70. EFFECTIVE UPON ENACTMENT. The section 38 of this division of this Act appropriating moneys to 39 the fire and police retirement fund, being deemed of 40 immediate importance, takes effect upon enactment. 41 DIVISION V 42 COUNTY PROJECTS 43 Sec. 71. Section 331.441, subsection 2, paragraph 44 b, subparagraph (5), unnumbered paragraph 1, Code 2013, 45 is amended to read as follows: 46 Public buildings, including the site or grounds 47 of, and the erection, equipment, remodeling, or 48 reconstruction of, and additions or extensions to the 49 buildings, and including the provision and maintenance 50 -18- S3218.2205 (3) 85 tm/jp 18/ 61
of juvenile detention or shelter care facilities, when 1 the cost principal amount of the bonds does not exceed 2 the following limits: 3 Sec. 72. Section 331.441, subsection 2, paragraph 4 c, subparagraph (9), Code 2013, is amended to read as 5 follows: 6 (9) Public buildings, including the site or 7 grounds of, the erection, equipment, remodeling, or 8 reconstruction of, and additions or extensions to the 9 buildings, and including the provision and maintenance 10 of juvenile detention or shelter care facilities, 11 when the cost principal amount of the bonds exceeds 12 the limits stated in subsection 2 , paragraph “b” , 13 subparagraph (5). 14 DIVISION VI 15 SUPPLEMENTARY WEIGHTING FOR LIMITED ENGLISH 16 PROFICIENT STUDENTS 17 Sec. 73. Section 257.31, subsection 5, paragraph j, 18 Code 2013, is amended to read as follows: 19 j. Unusual need to continue providing a program or 20 other special assistance to non-English speaking pupils 21 after the expiration of the four-year seven-year period 22 specified in section 280.4 . 23 Sec. 74. Section 280.4, subsection 3, Code 2013, is 24 amended to read as follows: 25 3. a. In order to provide funds for the excess 26 costs of instruction of limited English proficient 27 students specified in paragraph “b” above the costs 28 of instruction of pupils in a regular curriculum, 29 students identified as limited English proficient shall 30 be assigned an additional weighting of twenty-two 31 hundredths, and that weighting shall be included 32 in the weighted enrollment of the school district 33 of residence for a period not exceeding four seven 34 years. However, the school budget review committee may 35 grant supplemental aid or modified allowable growth 36 to a school district to continue funding a program 37 for students after the expiration of the four-year 38 seven-year period. 39 b. For students first determined to be limited 40 English proficient for a budget year beginning on or 41 after July 1, 2009, the additional weighting provided 42 under paragraph “a” shall be included in the weighted 43 enrollment of the school district of residence for a 44 period not exceeding seven years. 45 Sec. 75. LIMITED ENGLISH PROFICIENT WEIGHTING 46 ADJUSTMENT. For the fiscal year beginning July 47 1, 2013, and ending June 30, 2014, there shall be 48 allocated to the department of education from the 49 amount appropriated pursuant to section 257.16, 50 -19- S3218.2205 (3) 85 tm/jp 19/ 61
subsection 1, based upon the increase from four to 1 seven years in the availability of supplementary 2 weighting for instruction of limited English proficient 3 students pursuant to section 280.4, an amount to 4 be determined by the department of management in 5 consultation with the legislative services agency. The 6 funds shall be used to adjust the weighted enrollment 7 of a school district with students identified as 8 limited English proficient on a prorated basis. 9 Sec. 76. EFFECTIVE UPON ENACTMENT. This division 10 of this Act, being deemed of immediate importance, 11 takes effect upon enactment. 12 DIVISION VII 13 NEWBORN CRITICAL CONGENITAL HEART DISEASE SCREENING 14 Sec. 77. NEW SECTION . 136A.5A Newborn critical 15 congenital heart disease screening. 16 1. Each newborn born in this state shall receive 17 a critical congenital heart disease screening by 18 pulse oximetry or other means as determined by rule, 19 in conjunction with the metabolic screening required 20 pursuant to section 136A.5. 21 2. An attending health care provider shall ensure 22 that every newborn under the provider’s care receives 23 the critical congenital heart disease screening. 24 3. This section does not apply if a parent objects 25 to the screening. If a parent objects to the screening 26 of a newborn, the attending health care provider shall 27 document the refusal in the newborn’s medical record 28 and shall obtain a written refusal from the parent and 29 report the refusal to the department. 30 4. Notwithstanding any provision to the contrary, 31 the results of each newborn’s critical congenital 32 heart disease screening shall only be reported in a 33 manner consistent with the reporting of the results 34 of metabolic screenings pursuant to section 136A.5 35 if funding is available for implementation of the 36 reporting requirement. 37 5. This section shall be administered in accordance 38 with rules adopted pursuant to section 136A.8. 39 Sec. 78. NEWBORN CRITICAL CONGENITAL HEART DISEASE 40 SCREENING. Notwithstanding any provision to the 41 contrary relating to the newborn screening policy 42 pursuant to 641 IAC 4.3(1), critical congenital heart 43 disease screening shall be included in the state’s 44 newborn screening panel as included in the recommended 45 uniform screening panel as approved by the United 46 States secretary of health and human services. The 47 center for congenital and inherited disorders advisory 48 committee shall make recommendations regarding 49 implementation of the screening and the center for 50 -20- S3218.2205 (3) 85 tm/jp 20/ 61
congenital and inherited disorders shall adopt rules 1 as necessary to implement the screening. However, 2 reporting of the results of each newborn’s critical 3 congenital heart disease screening shall not be 4 required unless funding is available for implementation 5 of the reporting requirement. 6 DIVISION VIII 7 RIGHT TO CURE —— CLOSED CREDIT CARD ACCOUNTS 8 Sec. 79. Section 537.5110, subsection 4, paragraph 9 c, Code 2013, is amended to read as follows: 10 c. Until the expiration of the minimum applicable 11 period after the notice is given, the consumer may 12 cure the default by tendering either the amount of all 13 unpaid installments due at the time of the tender, 14 without acceleration, plus any unpaid delinquency or 15 deferral charges, or the amount stated in the notice 16 of right to cure, whichever is less, or by tendering 17 any performance necessary to cure any default other 18 than nonpayment of amounts due, which is described 19 in the notice of right to cure. The act of curing a 20 default restores to the consumer the consumer’s rights 21 under the agreement as though no default had occurred, 22 except as provided in subsection 3 . However, where the 23 obligation in default is a credit card account that 24 has been closed, the act of curing a default does not 25 restore to the consumer the consumer’s rights under the 26 agreement as though no default had occurred. 27 Sec. 80. Section 537.5111, Code 2013, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION . 4A. If the consumer credit 30 transaction is a credit card account that has been 31 closed, the notice shall conform to the requirements 32 of subsection 2, and a notice in substantially the 33 form specified in that subsection complies with this 34 subsection except that the statement relating to 35 continuation of the contract upon correction of the 36 default as though the consumer did not default shall 37 not be contained in the notice. 38 DIVISION IX 39 PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE 40 Sec. 81. PUBLIC SAFETY TRAINING AND FACILITIES TASK 41 FORCE. 42 1. A public safety training and facilities task 43 force is established. The department of public safety 44 shall provide administrative support for the task 45 force. 46 2. The task force shall consist of the following 47 members: 48 a. One member appointed by the Iowa state sheriffs’ 49 and deputies’ association. 50 -21- S3218.2205 (3) 85 tm/jp 21/ 61
b. One member appointed by the Iowa police chiefs 1 association. 2 c. One member who is a fire fighter appointed by 3 the Iowa professional fire fighters association. 4 d. One member who is the administrator of the Iowa 5 fire service training bureau or the administrator’s 6 designee. 7 e. One member who is a representative of the fire 8 service who is not a fire chief appointed by the Iowa 9 firefighters association. 10 f. The director of the Iowa law enforcement academy 11 or the director’s designee. 12 g. The commissioner of public safety or the 13 training coordinator of the department of public 14 safety, as designated by the commissioner. 15 h. The state fire marshal or the state fire 16 marshal’s designee. 17 i. One member appointed by the Iowa state police 18 association. 19 j. One member who is a fire chief appointed by the 20 Iowa fire chiefs association. 21 k. One member appointed by the Iowa emergency 22 medical services association. 23 l. One member appointed by the Iowa emergency 24 management association. 25 m. One member who is a fire chief appointed by the 26 Iowa association of professional fire chiefs. 27 n. One member who is a member of the office 28 of motor vehicle enforcement of the department of 29 transportation appointed by the director of the 30 department of transportation. 31 o. Four members of the general assembly serving 32 as ex officio, nonvoting members, one representative 33 to be appointed by the speaker of the house of 34 representatives, one representative to be appointed by 35 the minority leader of the house of representatives, 36 one senator to be appointed by the majority leader of 37 the senate, and one senator to be appointed by the 38 minority leader of the senate. 39 3. The voting members of the task force shall 40 select one chairperson and one vice chairperson. The 41 vice chairperson shall preside in the absence of 42 the chairperson. Section 69.16A shall apply to the 43 appointed members of the task force. 44 4. It is the intent of the general assembly in 45 establishing this task force that the task force 46 develop a coordinated plan amongst all public safety 47 disciplines that would oversee the construction of a 48 consolidated fire and police public safety training 49 facility, provide for the establishment of a governance 50 -22- S3218.2205 (3) 85 tm/jp 22/ 61
board for the public safety disciplines and the 1 consolidated facility, and to establish a consistent 2 and steady funding mechanism to defray public safety 3 training costs on an ongoing basis. 4 5. The task force shall seek and consider input 5 from all interested stakeholders and members of the 6 public and shall include an emphasis on receiving input 7 from fire service, law enforcement, and emergency 8 medical services personnel. The task force shall 9 consider and develop strategies relating to public 10 safety training facility governance with the goal of 11 all public safety disciplines being represented. Each 12 public safety discipline shall advise the task force by 13 developing individual training policies as determined 14 by the discipline’s governing bodies. The task force 15 shall also develop a proposal for a joint public safety 16 training facility, a budget for construction and future 17 operation of the facility, financing options, including 18 possible public-private partnerships, for construction 19 and operation of the facility, and potential locations 20 for the facility that are centrally located in this 21 state. 22 6. a. The task force shall provide interim reports 23 to the general assembly by December 31 of each year 24 concerning the activities of the task force and shall 25 submit its final report, including its findings and 26 recommendations, to the general assembly by December 27 31, 2016. 28 b. The final report shall include but not be 29 limited to recommendations concerning the following: 30 (1) Consolidation of public safety governance 31 within a single board and the membership of the board. 32 Board duties would include overseeing the construction 33 and maintenance of a consolidated fire and police 34 public safety training facility. 35 (2) Development of a consolidated fire and police 36 public safety training facility, including possible 37 locations, building recommendations, and financing 38 options. 39 (3) Any other recommendations relating to public 40 safety training and facilities requirements. 41 Sec. 82. PUBLIC SAFETY TRAINING AND FACILITIES TASK 42 FORCE —— ADMINISTRATIVE SUPPORT. There is appropriated 43 from the general fund of the state to the department 44 of public safety for the fiscal year beginning July 1, 45 2012, and ending June 30, 2013, the following amount, 46 or so much thereof as is necessary, to be used for the 47 purposes designated: 48 For providing administrative support for the public 49 safety training and facilities task force as enacted 50 -23- S3218.2205 (3) 85 tm/jp 23/ 61
in this Act: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 2 Notwithstanding section 8.33, moneys appropriated in 3 this section that remain unencumbered or unobligated 4 at the close of the fiscal year shall not revert but 5 shall remain available for expenditure for the purposes 6 designated until the close of the fiscal year that 7 begins July 1, 2016. 8 Sec. 83. EFFECTIVE UPON ENACTMENT. This division 9 of this Act, being deemed of immediate importance, 10 takes effect upon enactment. 11 DIVISION X 12 CIGARETTE FIRE SAFETY STANDARD FUND 13 Sec. 84. Section 101B.5, subsection 5, Code 2013, 14 is amended to read as follows: 15 5. For each cigarette listed in a certification, a 16 manufacturer shall pay a fee of one hundred dollars to 17 the department. The department shall deposit all fees 18 received pursuant to this subsection with the treasurer 19 of state for credit to the general fund of the state. 20 Sec. 85. Section 101B.8, Code 2013, is amended by 21 adding the following new subsection: 22 NEW SUBSECTION . 10. The department shall deposit 23 any moneys received from civil penalties assessed 24 pursuant to this section with the treasurer of state 25 for credit to the general fund of the state. 26 Sec. 86. Section 101B.9, Code 2013, is amended to 27 read as follows: 28 101B.9 Cigarette fire safety standard fund. 29 A cigarette fire safety standard fund is created as 30 a special fund in the state treasury under the control 31 of the department of public safety. The fund shall 32 consist of all moneys recovered from the assessment 33 of civil penalties or certification fees under this 34 chapter . The moneys in the fund shall, in In addition 35 to any moneys made available for such purpose, be 36 available, subject to appropriation, moneys in the fund 37 are appropriated to the department of public safety for 38 the purpose of fire safety and prevention programs, 39 including for entry level fire fighter training, 40 equipment, and operations. 41 Sec. 87. REPEAL. Section 101B.9, Code 2013, is 42 repealed. 43 Sec. 88. CIGARETTE FIRE SAFETY STANDARD FUND. 44 Notwithstanding section 8.33, or any other provision of 45 law to the contrary, the unencumbered or unobligated 46 balance of the cigarette fire safety standard fund 47 at the close of the fiscal year beginning July 1, 48 2012, shall not revert but shall remain available for 49 expenditure for purposes of the regional emergency 50 -24- S3218.2205 (3) 85 tm/jp 24/ 61
response training centers, on an equal basis, until the 1 close of the succeeding fiscal year. 2 Sec. 89. EFFECTIVE UPON ENACTMENT. Except for 3 the section of this division of this Act repealing 4 section 101B.9 which shall take effect July 1, 2013, 5 this division of this Act, being deemed of immediate 6 importance, takes effect upon enactment. 7 Sec. 90. RETROACTIVE APPLICABILITY. The following 8 provision or provisions of this division of this Act 9 apply retroactively to July 1, 2007: 10 1. The section amending section 101B.9. 11 DIVISION XI 12 IGNITION INTERLOCK 13 Sec. 91. Section 321J.20, subsections 1 and 2, Code 14 2013, are amended to read as follows: 15 1. a. The department may, on application, issue 16 a temporary restricted license to a person whose 17 noncommercial driver’s license is revoked under this 18 chapter allowing the person to drive to and from the 19 person’s home and specified places at specified times 20 which can be verified by the department and which are 21 required by the any of the following: 22 (1) The person’s full-time or part-time 23 employment , . 24 (2) The person’s continuing health care or the 25 continuing health care of another who is dependent upon 26 the person , . 27 (3) The person’s continuing education while 28 enrolled in an educational institution on a part-time 29 or full-time basis and while pursuing a course of study 30 leading to a diploma, degree, or other certification of 31 successful educational completion , . 32 (4) The person’s substance abuse treatment , and to 33 attend groups whose purpose is to eliminate or reduce 34 alcohol or other drug use. 35 (5) The person’s court-ordered community service 36 responsibilities , and appointments . 37 (6) Appointments with the person’s parole or 38 probation officer . 39 (7) Transport of the person’s dependent minor child 40 to and from school when public school transportation is 41 not available for the child. 42 (8) Transport of the person’s dependent minor child 43 to and from child care when necessary for the person’s 44 full-time or part-time employment. 45 b. The department may also issue a temporary 46 restricted license under this subsection that allows 47 the person to drive for work purposes within the scope 48 of the person’s full-time or part-time employment. 49 Any vehicle operated within the scope of the person’s 50 -25- S3218.2205 (3) 85 tm/jp 25/ 61
full-time or part-time employment must be equipped 1 at all times with an ignition interlock device of a 2 type approved by the commissioner of public safety, 3 notwithstanding any provision of section 321J.4, 4 321J.9, or 321J.12 to the contrary. 5 c. The department may issue a temporary restricted 6 license under this subsection only if the person’s 7 driver’s license has not been revoked previously under 8 section 321J.4 , 321J.9 , or 321J.12 and if any of the 9 following apply: 10 (1) The person’s noncommercial driver’s license is 11 revoked under section 321J.4 and the minimum period of 12 ineligibility for issuance of a temporary restricted 13 license has expired. This subsection shall not apply 14 to a revocation ordered under section 321J.4 resulting 15 from a plea or verdict of guilty of a violation of 16 section 321J.2 that involved a death. 17 (2) The person’s noncommercial driver’s license is 18 revoked under section 321J.9 and the person has entered 19 a plea of guilty on a charge of a violation of section 20 321J.2 which arose from the same set of circumstances 21 which resulted in the person’s driver’s license 22 revocation under section 321J.9 and the guilty plea 23 is not withdrawn at the time of or after application 24 for the temporary restricted license, and the minimum 25 period of ineligibility for issuance of a temporary 26 restricted license has expired. 27 (3) The person’s noncommercial driver’s license is 28 revoked under section 321J.12 , and the minimum period 29 of ineligibility for issuance of a temporary restricted 30 license has expired. 31 b. d. A temporary restricted license may 32 be issued under this subsection if the person’s 33 noncommercial driver’s license is revoked for two years 34 under section 321J.4, subsection 2 , or section 321J.9, 35 subsection 1 , paragraph “b” , and the first three 36 hundred sixty-five days of the revocation have expired. 37 c. e. This subsection does not apply to a person 38 whose license was revoked under section 321J.2A or 39 section 321J.4, subsection 4 or 6 , or to a person whose 40 license is suspended or revoked for another reason. 41 d. f. Following the applicable minimum period 42 of ineligibility, a temporary restricted license 43 under this subsection shall not be issued until the 44 applicant installs an ignition interlock device of a 45 type approved by the commissioner of public safety on 46 all motor vehicles owned or operated by the applicant 47 in accordance with section 321J.2 , 321J.4 , 321J.9 , 48 or 321J.12 , or this subsection . Installation of an 49 ignition interlock device under this subsection shall 50 -26- S3218.2205 (3) 85 tm/jp 26/ 61
be required for the period of time for which the 1 temporary restricted license is issued and for such 2 additional period of time following reinstatement as is 3 required under section 321J.17, subsection 3 . 4 2. a. Notwithstanding section 321.560 , the 5 department may, on application, and upon the expiration 6 of the minimum period of ineligibility for a temporary 7 restricted license provided for under section 8 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a temporary 9 restricted license to a person whose noncommercial 10 driver’s license has either been revoked under this 11 chapter , or revoked or suspended under chapter 321 12 solely for violations of this chapter , or who has been 13 determined to be a habitual offender under chapter 14 321 based solely on violations of this chapter or on 15 violations listed in section 321.560, subsection 1 , 16 paragraph “b” , and who is not eligible for a temporary 17 restricted license under subsection 1 . However, the 18 department may not issue a temporary restricted license 19 under this subsection for a violation of section 20 321J.2A or to a person under the age of twenty-one 21 whose license is revoked under section 321J.4 , 321J.9 , 22 or 321J.12 . A 23 (1) If the person has no more than one previous 24 revocation under this chapter, a temporary restricted 25 license issued under this subsection may allow the 26 person to drive to and from the person’s home and 27 specified places at specified times which can be 28 verified by the department and which are required by 29 any of the following: 30 (a) The person’s full-time or part-time employment. 31 (b) The person’s continuing health care or the 32 continuing health care of another who is dependent upon 33 the person. 34 (c) The person’s continuing education while 35 enrolled in an educational institution on a part-time 36 or full-time basis and while pursuing a course of study 37 leading to a diploma, degree, or other certification of 38 successful educational completion. 39 (d) The person’s substance abuse treatment and to 40 attend groups whose purpose is to eliminate or reduce 41 alcohol or other drug use. 42 (e) The person’s court-ordered community service 43 responsibilities. 44 (f) Appointments with the person’s parole or 45 probation officer. 46 (g) Transport of the person’s dependent minor child 47 to and from child care when necessary for the person’s 48 full-time or part-time employment. 49 (2) If the person has more than one previous 50 -27- S3218.2205 (3) 85 tm/jp 27/ 61
revocation under this chapter, a temporary restricted 1 license issued under this subsection may allow the 2 person to drive to and from the person’s home and 3 specified places at specified times which can be 4 verified by the department and which are required by 5 the any of the following: 6 (a) The person’s full-time or part-time 7 employment , . 8 (b) The person’s continuing education while 9 enrolled in an educational institution on a part-time 10 or full-time basis and while pursuing a course of study 11 leading to a diploma, degree, or other certification of 12 successful educational completion , or . 13 (c) The person’s substance abuse treatment and to 14 attend groups whose purpose is to eliminate or reduce 15 alcohol or other drug use . 16 DIVISION XII 17 NOTARY PUBLIC 18 Sec. 92. Section 9B.15, subsection 3, unnumbered 19 paragraph 1, Code 2013, is amended to read as follows: 20 A certificate of a notarial act is sufficient if it 21 meets the requirements of subsections 1 and 2 and all 22 any of the following apply: 23 Sec. 93. Section 9B.17, subsection 1, paragraph a, 24 Code 2013, is amended to read as follows: 25 a. Include the notary public’s name, the words 26 “Notarial Seal” and “Iowa”, the words “Commission 27 Number” followed by a number assigned to the notary 28 public by the secretary of state, the words “My 29 Commission Expires” followed either by the date that 30 the notary public’s term would ordinarily expire as 31 provided in section 9B.21 or a blank line on which the 32 notary public shall indicate the date of expiration, 33 if any, of the notary public’s commission, as required 34 by and in satisfaction of section 9B.15, subsection 1, 35 paragraph “e” , and other information required by the 36 secretary of state. 37 Sec. 94. Section 321I.31, subsection 3, Code 2013, 38 is amended to read as follows: 39 3. An owner of an all-terrain vehicle shall apply 40 to the county recorder for issuance of a certificate 41 of title within thirty days after acquisition. 42 The application shall be on forms the department 43 prescribes and accompanied by the required fee. The 44 application shall be signed and sworn to before a 45 notary public notarial officer as provided in chapter 46 9B or other person who administers oaths, or shall 47 include a certification signed in writing containing 48 substantially the representation that statements made 49 are true and correct to the best of the applicant’s 50 -28- S3218.2205 (3) 85 tm/jp 28/ 61
knowledge, information, and belief, under penalty of 1 perjury. The application shall contain the date of 2 sale and gross price of the all-terrain vehicle or 3 the fair market value if no sale immediately preceded 4 the transfer and any additional information the 5 department requires. If the application is made for 6 an all-terrain vehicle last previously registered 7 or titled in another state or foreign country, the 8 application shall contain this information and any 9 other information the department requires. 10 Sec. 95. Section 462A.77, subsection 4, Code 2013, 11 is amended to read as follows: 12 4. Every owner of a vessel subject to titling 13 under this chapter shall apply to the county recorder 14 for issuance of a certificate of title for the vessel 15 within thirty days after acquisition. The application 16 shall be on forms the department prescribes, and 17 accompanied by the required fee. The application shall 18 be signed and sworn to before a notary public notarial 19 officer as provided in chapter 9B or other person who 20 administers oaths, or shall include a certification 21 signed in writing containing substantially the 22 representation that statements made are true and 23 correct to the best of the applicant’s knowledge, 24 information, and belief, under penalty of perjury. 25 The application shall contain the date of sale and 26 gross price of the vessel or the fair market value 27 if no sale immediately preceded the transfer, and any 28 additional information the department requires. If 29 the application is made for a vessel last previously 30 registered or titled in another state or foreign 31 country, it shall contain this information and any 32 other information the department requires. 33 Sec. 96. Section 554.3505, subsection 2, Code 2013, 34 is amended to read as follows: 35 2. A protest is a certificate of dishonor made by a 36 United States consul or vice consul, or a notary public 37 notarial officer as provided in chapter 9B or other 38 person authorized to administer oaths by the law of 39 the place where dishonor occurs. It may be made upon 40 information satisfactory to that person. The protest 41 must identify the instrument and certify either that 42 presentment has been made or, if not made, the reason 43 why it was not made, and that the instrument has been 44 dishonored by nonacceptance or nonpayment. The protest 45 may also certify that notice of dishonor has been given 46 to some or all parties. 47 Sec. 97. Section 589.4, Code 2013, is amended to 48 read as follows: 49 589.4 Acknowledgments by corporation officers. 50 -29- S3218.2205 (3) 85 tm/jp 29/ 61
The acknowledgments of all deeds, mortgages, or 1 other instruments in writing taken or certified more 2 than ten years earlier, which instruments have been 3 recorded in the recorder’s office of any county of this 4 state, including acknowledgments of instruments made by 5 a corporation, or to which the corporation was a party, 6 or under which the corporation was a beneficiary, 7 and which have been acknowledged before or certified 8 by a notary public notarial officer as provided in 9 chapter 9B who was at the time of the acknowledgment or 10 certifying a stockholder or officer in the corporation, 11 are legal and valid official acts of the notaries 12 public, and entitle the instruments to be recorded, 13 anything in the laws of the state of Iowa in regard to 14 acknowledgments to the contrary notwithstanding. This 15 section does not affect pending litigation. 16 Sec. 98. Section 589.5, Code 2013, is amended to 17 read as follows: 18 589.5 Acknowledgments by stockholders. 19 All deeds and conveyances of lands within this 20 state executed more than ten years earlier, but 21 which have been acknowledged or proved according 22 to and in compliance with the laws of this state 23 before a notary public notarial officer as provided 24 in chapter 9B or other official authorized by law 25 to take acknowledgments who was, at the time of 26 the acknowledgment, an officer or stockholder of a 27 corporation interested in the deed or conveyance, or 28 otherwise interested in the deeds or conveyances, are, 29 if otherwise valid, valid in law as though acknowledged 30 or proved before an officer not interested in the 31 deeds or conveyances; and if recorded more than ten 32 years earlier, in the respective counties in which 33 the lands are, the records are valid in law as though 34 the deeds and conveyances, so acknowledged or proved 35 and recorded, had, prior to being recorded, been 36 acknowledged or proved before an officer having no 37 interest in the deeds or conveyances. 38 Sec. 99. Section 622.86, Code 2013, is amended to 39 read as follows: 40 622.86 Foreign affidavits. 41 Those taken out of the state before any judge or 42 clerk of a court of record, or before a notary public 43 notarial officer as provided in chapter 9B , or a 44 commissioner appointed by the governor of this state to 45 take acknowledgment of deeds in the state where such 46 affidavit is taken, are of the same credibility as if 47 taken within the state. 48 DIVISION XIII 49 CORN PROMOTION BOARD 50 -30- S3218.2205 (3) 85 tm/jp 30/ 61
Sec. 100. Section 185C.1, Code 2013, is amended by 1 adding the following new subsection: 2 NEW SUBSECTION . 4A. “Director” means a district 3 elected director or a board elected director as 4 provided in section 185C.6. 5 Sec. 101. Section 185C.1, subsection 5, Code 2013, 6 is amended to read as follows: 7 5. “District” means an official crop reporting 8 district formed by the United States department of 9 agriculture for use on January 1, 2013, and set out in 10 the annual farm census published in that year by the 11 Iowa department of agriculture and land stewardship. 12 Sec. 102. Section 185C.3, Code 2013, is amended to 13 read as follows: 14 185C.3 Establishment of corn promotion board. 15 If a majority of the producers voting in the 16 referendum election approve the passage of the 17 promotional order, an Iowa corn promotion board shall 18 be established. The board shall consist of one 19 director elected from each district in the state, 20 except that a district producing more than an average 21 of one hundred million bushels of corn in the three 22 previous marketing years is entitled to two directors. 23 Sec. 103. Section 185C.6, Code 2013, is amended by 24 striking the section and inserting in lieu thereof the 25 following: 26 185C.6 Number and election of directors. 27 The Iowa corn promotion board established pursuant 28 to section 185C.3 shall be composed of directors 29 elected as provided in this chapter. The directors 30 shall include all of the following: 31 1. Nine district elected directors. Each such 32 director shall be elected from a district as provided 33 in section 185C.5, this section, and sections 185C.7 34 and 185C.8. A candidate receiving the highest number 35 of votes in each district shall be elected to represent 36 that district. 37 2. Three board elected directors. Each such 38 director shall be elected by the board. The candidate 39 receiving the highest number of votes by the board 40 shall be elected to represent the state on at-large 41 basis. 42 Sec. 104. Section 185C.7, Code 2013, is amended to 43 read as follows: 44 185C.7 Terms of directors. 45 1. Director terms A director’s term of office shall 46 be for three years and no . A district elected director 47 of the board shall not serve for more than three 48 complete consecutive terms. A board elected director 49 shall not serve for more than one complete term of 50 -31- S3218.2205 (3) 85 tm/jp 31/ 61
office. A district elected director who is elected 1 as board elected director shall not serve more than a 2 total of four terms of office, regardless of whether 3 any of the terms of office are complete or consecutive. 4 2. If the board is reconstituted pursuant to 5 section 185C.8 , the terms of the directors shall be 6 controlled by this section . However, the initial terms 7 of the reconstituted board shall be staggered. To the 8 extent practicable, one-third of the elected directors 9 shall serve an initial term of one year, one-third of 10 the elected directors shall serve an initial term of 11 two years, and one-third of the elected directors shall 12 serve an initial term of three years. The initial 13 terms of board elected directors shall be determined 14 by board members directors drawing lots. The board 15 elected under this paragraph shall not contain two 16 directors from the same district serving the same term. 17 Sec. 105. Section 185C.8, Code 2013, is amended to 18 read as follows: 19 185C.8 Elections Administration of elections for 20 directors . 21 1. The Iowa corn promotion board shall administer 22 elections for district elected directors of the board 23 with the assistance of the secretary. Prior to the 24 expiration of a director’s term of office, the board 25 shall appoint a nominating committee for the district 26 represented by that director. The nominating committee 27 shall consist of five producers who are residents of 28 the district from which a director must be elected. 29 The nominating committee shall nominate two resident 30 producers as candidates for each director position for 31 which an election is to be held. Additional candidates 32 may be nominated by a written petition of twenty-five 33 producers. Procedures governing the time and place of 34 filing shall be adopted and publicized by the board. 35 Following recommencement of the promotional order, 36 or termination of the promotional order’s suspension 37 as provided in section 185C.24 , the secretary shall 38 order the reconstitution of the board. An election of 39 district elected directors shall be held within thirty 40 days from the date of the order. The secretary shall 41 call for, provide for notice of, conduct, and certify 42 the results of the election in a manner consistent 43 with section 185C.5 through 185C.7 . Directors shall 44 serve terms as provided in section 185C.7 . Rules 45 or procedures adopted by the board and in effect at 46 the date of suspension shall continue in effect upon 47 reconstitution of the board. The Iowa corn growers 48 association may nominate two resident producers as 49 candidates for each director position. Additional 50 -32- S3218.2205 (3) 85 tm/jp 32/ 61
candidates may be nominated by a written petition of at 1 least twenty-five producers. 2 2. The Iowa corn promotion board shall administer 3 elections for board elected directors. Prior to 4 the expiration of a board elected director’s term of 5 office, the board may appoint a nominating committee. 6 In order to be eligible for nomination and election, 7 a candidate must have previously served on the board 8 as an elected director. An officer of the board shall 9 certify the results of the election. 10 Sec. 106. Section 185C.10, subsection 3, Code 2013, 11 is amended by striking the subsection. 12 Sec. 107. Section 185C.14, subsection 3, Code 2013, 13 is amended to read as follows: 14 3. The board shall meet at least once every three 15 months times each year , and at such other times as 16 deemed necessary by the board. 17 Sec. 108. Section 185C.21, subsection 2, Code 2013, 18 is amended to read as follows: 19 2. Upon request of the board, the secretary shall 20 call a special referendum for producers to vote 21 on whether to authorize an increase in the state 22 assessment above one-quarter of one cent per bushel, 23 notwithstanding subsection 1 . The special referendum 24 shall be conducted as provided in this chapter for 25 referendum elections. However, the special referendum 26 shall not affect the existence or length of the 27 promotional order in effect. If a majority of the 28 producers voting in the special referendum approve 29 the increase, the board may increase the assessment 30 to the amount approved in the special referendum. 31 However, a state assessment shall not exceed one cent 32 per a scheduled amount assessed on each bushel of corn 33 marketed in this state determined as follows: 34 a. Until September 1, 2013, one cent . 35 b. For each marketing year of the period beginning 36 September 1, 2013, and ending August 31, 2018, two 37 cents. 38 c. For each marketing year of the period beginning 39 September 1, 2018, and ending August 31, 2023, three 40 cents. 41 d. For each marketing year of the period beginning 42 September 1, 2023, and ending August 31, 2028, four 43 cents. 44 e. For each marketing year beginning on and after 45 September 1, 2028, five cents . 46 Sec. 109. Section 185C.27, Code 2013, is amended to 47 read as follows: 48 185C.27 Refund of assessment. 49 A producer who has sold corn and had a state 50 -33- S3218.2205 (3) 85 tm/jp 33/ 61
assessment deducted from the sale price, by application 1 in writing to the board, may secure a refund in the 2 amount deducted. The refund shall be payable only 3 when the application shall have been made to the board 4 within sixty days after the deduction. Application 5 forms shall be given by the board to each first 6 purchaser when requested and the first purchaser 7 shall make the applications available to any producer. 8 Each application for refund by a producer shall have 9 attached to the application proof of the assessment 10 deducted. The proof of assessment may be in the 11 form of a duplicate or certified copy of the purchase 12 invoice by the first purchaser. The board shall have 13 thirty business days from the date the application 14 for refund is received to remit the refund to the 15 producer. The board may provide for refunds of a 16 federal assessment as provided by federal law. Unless 17 inconsistent with federal law, refunds shall be made 18 under section 185C.26 . 19 Sec. 110. IMPLEMENTATION. The Iowa corn promotion 20 board established pursuant to section 185C.3 shall 21 implement this division of this Act. 22 1. During the implementation period all of the 23 following shall apply: 24 a. The board shall provide for staggered terms 25 of directors in the same manner as required for the 26 initial terms of office of a reconstituted board 27 pursuant to section 185C.7. However, the board is not 28 required to draw lots as otherwise provided in that 29 section. 30 b. The board is not required to fill a vacancy for 31 an unexpired term as required in section 185C.9. 32 c. The board may reduce the number of years of a 33 director’s term in order to comply with this section. 34 2. The board shall complete implementation of this 35 Act not later than July 1, 2014. 36 Sec. 111. EFFECTIVE UPON ENACTMENT. This division 37 of this Act, being deemed of immediate importance, 38 takes effect upon enactment. 39 DIVISION XIV 40 APPORTIONMENT OF TRANSPORTATION FUNDS —— APPROPRIATION 41 Sec. 112. Section 312.3, subsection 2, Code 2013, 42 is amended by adding the following new paragraph: 43 NEW PARAGRAPH . d. For purposes of apportioning 44 among the cities of the state the percentage of 45 the road use tax fund to be credited to the street 46 construction fund of the cities for each month 47 beginning March 2011 and ending March 2021 pursuant to 48 this subsection, the population of each city shall be 49 determined by the greater of the population of the city 50 -34- S3218.2205 (3) 85 tm/jp 34/ 61
as of the last preceding certified federal census or 1 as of the April 1, 2010, population estimates base as 2 determined by the United States census bureau. 3 Sec. 113. STREET CONSTRUCTION FUND —— 4 APPROPRIATION. 5 1. In a written application to the treasurer of 6 state submitted by October 1, 2013, a city may request 7 an additional distribution of moneys to be credited 8 to the street construction fund of the city equal to 9 that additional amount, calculated by the treasurer, 10 that the city would have received if the funds were 11 apportioned based upon the population of the city as 12 determined by section 312.3, subsection 2, paragraph 13 “d”, as enacted in this division of this Act, for the 14 months prior to the effective date of this division of 15 this Act. 16 2. Upon determination by the treasurer of state 17 that an additional amount should be credited to a city 18 as provided by this section, there is appropriated from 19 the general fund of the state to the department of 20 transportation, for the fiscal year beginning July 1, 21 2013, and ending June 30, 2014, an amount sufficient to 22 pay the additional amount which shall be distributed to 23 the city for deposit in the street construction fund 24 of the city. 25 Sec. 114. EFFECTIVE UPON ENACTMENT. This division 26 of this Act, being deemed of immediate importance, 27 takes effect upon enactment. 28 Sec. 115. RETROACTIVE APPLICABILITY. This division 29 of this Act applies retroactively to March 2011. 30 DIVISION XV 31 IOWACARE 32 MEDICAL ASSISTANCE —— IOWACARE TRANSFER ALLOCATION 33 Sec. 116. 2011 Iowa Acts, chapter 129, section 122, 34 subsection 13, as amended by 2012 Iowa Acts, chapter 35 1133, section 10, is amended to read as follows: 36 13. Of the funds appropriated in this section, up 37 to $8,684,329 $16,004,422 may be transferred to the 38 IowaCare account created in section 249J.24 . 39 IOWACARE ACCOUNT APPROPRIATIONS —— UNIVERSITY OF IOWA 40 HOSPITALS AND CLINICS 41 Sec. 117. 2011 Iowa Acts, chapter 129, section 146, 42 subsection 1, paragraph c, as amended by 2012 Iowa 43 Acts, chapter 1133, section 40, is amended to read as 44 follows: 45 c. The university of Iowa hospitals and clinics 46 shall certify public expenditures in an amount equal to 47 provide the nonfederal share on total expenditures not 48 to exceed $32,000,000 $26,000,000 . 49 Sec. 118. 2011 Iowa Acts, chapter 129, section 146, 50 -35- S3218.2205 (3) 85 tm/jp 35/ 61
subsection 2, unnumbered paragraph 2, as amended by 1 2012 Iowa Acts, chapter 1133, section 41, is amended 2 to read as follows: 3 For salaries, support, maintenance, equipment, and 4 miscellaneous purposes, for the provision of medical 5 and surgical treatment of indigent patients, for 6 provision of services to members of the expansion 7 population pursuant to chapter 249J , and for medical 8 education: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,654,133 10 52,569,199 11 Sec. 119. 2011 Iowa Acts, chapter 129, section 146, 12 subsection 3, is amended to read as follows: 13 3. There is appropriated from the IowaCare account 14 created in section 249J.24 , to the state board 15 of regents for distribution to university of Iowa 16 physicians for the fiscal year beginning July 1, 2012, 17 and ending June 30, 2013, the following amount, or 18 so much thereof as is necessary to be used for the 19 purposes designated: 20 For salaries, support, maintenance, equipment, and 21 miscellaneous purposes for the provision of medical and 22 surgical treatment of indigent patients, for provision 23 of services to members of the expansion population 24 pursuant to chapter 249J , and for medical education: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,277,753 26 19,806,365 27 Notwithstanding any provision of law to the 28 contrary, the amount appropriated in this subsection 29 shall be distributed based on claims submitted, 30 adjudicated, and paid by the Iowa Medicaid enterprise. 31 Once the entire amount appropriated in this subsection 32 has been distributed, claims shall continue to 33 be submitted and adjudicated by the Iowa Medicaid 34 enterprise; however, no payment shall be made based 35 upon such claims. 36 Sec. 120. 2011 Iowa Acts, chapter 129, section 37 146, subsection 6, unnumbered paragraphs 1 and 2, are 38 amended to read as follows: 39 There is appropriated from the IowaCare account 40 created in section 249J.24 to the department of human 41 services for the fiscal year beginning July 1, 2012, 42 and ending June 30, 2013, the following amount, or 43 so much thereof as is necessary to be used for the 44 purposes designated: 45 For a care coordination pool to pay the expansion 46 population providers consisting of the university of 47 Iowa hospitals and clinics, the publicly owned acute 48 care teaching hospital as specified in section 249J.7 , 49 and current medical assistance program providers that 50 -36- S3218.2205 (3) 85 tm/jp 36/ 61
are not expansion population network providers pursuant 1 to section 249J.7 , for services covered by the full 2 benefit medical assistance program but not under the 3 IowaCare program pursuant to section 249J.6 , that are 4 provided to expansion population members: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 6 2,500,000 7 Sec. 121. 2011 Iowa Acts, chapter 129, section 146, 8 is amended by adding the following new subsection: 9 NEW SUBSECTION . 8. For the fiscal year beginning 10 July 1, 2012, and ending June 30, 2013, the state board 11 of regents shall transfer $1,275,577 to the IowaCare 12 account created in section 249J.24, to provide the 13 nonfederal share for distribution to university of Iowa 14 physicians under the IowaCare program. 15 Sec. 122. EFFECTIVE UPON ENACTMENT. This division 16 of this Act, being deemed of immediate importance, 17 takes effect upon enactment. 18 DIVISION XVI 19 HISTORIC PRESERVATION AND CULTURAL AND ENTERTAINMENT 20 DISTRICT TAX CREDITS 21 Sec. 123. Section 404A.1, subsection 2, paragraph 22 e, Code 2013, is amended to read as follows: 23 e. “Substantial rehabilitation” means qualified 24 rehabilitation costs that meet or exceed the following: 25 (1) In the case of commercial property, costs 26 totaling at least fifty thousand dollars or fifty 27 percent of the assessed value of the property, 28 excluding the land, prior to the rehabilitation , 29 whichever is less . 30 (2) In the case of residential property or barns 31 other than commercial property , costs totaling at least 32 twenty-five thousand dollars or twenty-five percent 33 of the assessed value, excluding the land, prior to 34 rehabilitation, whichever is less. 35 Sec. 124. Section 404A.3, subsection 3, paragraph 36 b, Code 2013, is amended to read as follows: 37 b. The eligible property shall be placed in service 38 within either sixty months of the date on which the 39 project application was approved under this section , 40 or seventy-two months of the date on which the project 41 application was approved under this section if more 42 than fifty percent of the qualified rehabilitation 43 costs are incurred within sixty months of the date on 44 which the project application was approved under this 45 section . 46 Sec. 125. Section 404A.4, subsection 2, paragraph 47 d, Code 2013, is amended to read as follows: 48 d. For the fiscal year beginning July 1, 2012, 49 and for each fiscal year thereafter, the office shall 50 -37- S3218.2205 (3) 85 tm/jp 37/ 61
reserve not more than forty-five million dollars worth 1 of tax credits for any one taxable year. 2 Sec. 126. Section 404A.4, subsection 2, Code 2013, 3 is amended by adding the following new paragraphs: 4 NEW PARAGRAPH . e. For a fiscal year beginning 5 on or after July 1, 2013, but before July 1, 2016, 6 the office shall reserve not more than sixty million 7 dollars worth of tax credits for any one taxable year. 8 NEW PARAGRAPH . f. For the fiscal year beginning 9 July 1, 2016, and for each fiscal year thereafter, 10 the office shall reserve not more than fifty million 11 dollars worth of tax credits for any one taxable year. 12 Sec. 127. Section 404A.4, subsection 4, paragraph 13 a, Code 2013, is amended to read as follows: 14 a. The total amount of tax credits that may be 15 approved for a fiscal year prior to the fiscal year 16 beginning July 1, 2012, under this chapter shall not 17 exceed fifty million dollars. The total amount of 18 tax credits that may be approved for a the fiscal 19 year beginning on or after July 1, 2012, shall not 20 exceed forty-five million dollars. The total amount 21 of tax credits that may be approved for a fiscal year 22 beginning on or after July 1, 2013, but before July 23 1, 2016, shall not exceed sixty million dollars. The 24 total amount of tax credits that may be approved for a 25 fiscal year beginning on or after July 1, 2016, shall 26 not exceed fifty million dollars. 27 Sec. 128. Section 404A.4, subsection 4, paragraph 28 b, subparagraph (1), Code 2013, is amended to read as 29 follows: 30 (1) Ten percent of the dollar amount of tax credits 31 shall be allocated for purposes of new projects with 32 final qualified rehabilitation costs of five seven 33 hundred fifty thousand dollars or less. 34 Sec. 129. EFFECTIVE UPON ENACTMENT. The following 35 provision or provisions of this division of this Act, 36 being deemed of immediate importance, take effect upon 37 enactment: 38 1. The section amending section 404A.3. 39 Sec. 130. APPLICABILITY. The following provision 40 or provisions of this division of this Act apply to 41 eligible property to be placed in service on or after 42 the effective date of this division of this Act: 43 1. The section amending section 404A.3. 44 DIVISION XVII 45 INCOME TAXES 46 Sec. 131. Section 422.5, subsection 1, paragraph j, 47 subparagraph (2), subparagraph division (a), Code 2013, 48 is amended to read as follows: 49 (a) The tax imposed upon the taxable income of 50 -38- S3218.2205 (3) 85 tm/jp 38/ 61
a resident shareholder in an S corporation or of 1 an estate or trust with a situs in Iowa that is a 2 shareholder in an S corporation, which S corporation 3 has in effect for the tax year an election under 4 subchapter S of the Internal Revenue Code and carries 5 on business within and without the state , may be 6 computed by reducing the amount determined pursuant 7 to paragraphs “a” through “i” by the amounts of 8 nonrefundable credits under this division and by 9 multiplying this resulting amount by a fraction of 10 which the resident’s or estate’s or trust’s net income 11 allocated to Iowa, as determined in section 422.8, 12 subsection 2 , paragraph “b” , is the numerator and the 13 resident’s or estate’s or trust’s total net income 14 computed under section 422.7 is the denominator. If 15 a resident shareholder , or an estate or trust with 16 a situs in Iowa that is a shareholder, has elected 17 to take advantage of this subparagraph (2), and for 18 the next tax year elects not to take advantage of 19 this subparagraph, the resident or estate or trust 20 shareholder shall not reelect to take advantage of 21 this subparagraph for the three tax years immediately 22 following the first tax year for which the shareholder 23 elected not to take advantage of this subparagraph, 24 unless the director consents to the reelection. This 25 subparagraph also applies to individuals who are 26 residents of Iowa for less than the entire tax year. 27 Sec. 132. Section 422.8, subsection 2, paragraph b, 28 unnumbered paragraph 1, Code 2013, is amended to read 29 as follows: 30 A resident’s income , or the income of an estate 31 or trust with a situs in Iowa, allocable to Iowa is 32 the income determined under section 422.7 reduced by 33 items of income and expenses from an S corporation that 34 carries on business within and without the state when 35 those items of income and expenses pass directly to the 36 shareholders under provisions of the Internal Revenue 37 Code. These items of income and expenses are increased 38 by the greater of the following: 39 Sec. 133. Section 422.15, subsection 2, Code 2013, 40 is amended to read as follows: 41 2. Every partnership , including limited 42 partnerships organized under chapter 488 , having a 43 place of business in the state , doing business in this 44 state, or deriving income from sources within this 45 state as defined in section 422.33, subsection 1, shall 46 make a return, stating specifically the net income 47 and capital gains (or losses) reported on the federal 48 partnership return, the names and addresses of the 49 partners, and their respective shares in said amounts. 50 -39- S3218.2205 (3) 85 tm/jp 39/ 61
Sec. 134. EFFECTIVE UPON ENACTMENT. This division 1 of this Act, being deemed of immediate importance, 2 takes effect upon enactment. 3 Sec. 135. RETROACTIVE APPLICABILITY. The following 4 provision or provisions of this division of this Act 5 apply retroactively to January 1, 2013, for tax years 6 beginning on or after that date: 7 1. The section amending section 422.5. 8 2. The section amending section 422.8. 9 3. The section amending section 422.15. 10 DIVISION XVIII 11 SALES AND USE TAXES 12 Sec. 136. Section 423.1, subsection 5, Code 2013, 13 is amended to read as follows: 14 5. “Agricultural production” includes the production 15 of flowering, ornamental, or vegetable plants in 16 commercial greenhouses or otherwise, and production 17 from aquaculture , and production from silvicultural 18 activities . “Agricultural products” includes 19 flowering, ornamental, or vegetable plants and those 20 products of aquaculture and silviculture . 21 Sec. 137. Section 423.2, subsection 6, paragraph a, 22 Code 2013, is amended to read as follows: 23 a. The sales price of any of the following 24 enumerated services is subject to the tax imposed 25 by subsection 5 : alteration and garment repair; 26 armored car; vehicle repair; battery, tire, and 27 allied; investment counseling; service charges of 28 all financial institutions; barber and beauty; boat 29 repair; vehicle wash and wax; campgrounds; carpentry; 30 roof, shingle, and glass repair; dance schools 31 and dance studios; dating services; dry cleaning, 32 pressing, dyeing, and laundering; electrical and 33 electronic repair and installation; excavating and 34 grading; farm implement repair of all kinds; flying 35 service; furniture, rug, carpet, and upholstery 36 repair and cleaning; fur storage and repair; golf and 37 country clubs and all commercial recreation; gun and 38 camera repair; house and building moving; household 39 appliance, television, and radio repair; janitorial and 40 building maintenance or cleaning; jewelry and watch 41 repair; lawn care, landscaping, and tree trimming 42 and removal; limousine service, including driver; 43 machine operator; machine repair of all kinds; motor 44 repair; motorcycle, scooter, and bicycle repair; 45 oilers and lubricators; office and business machine 46 repair; painting, papering, and interior decorating; 47 parking facilities; pay television; pet grooming; pipe 48 fitting and plumbing; wood preparation; executive 49 search agencies; private employment agencies, excluding 50 -40- S3218.2205 (3) 85 tm/jp 40/ 61
services for placing a person in employment where the 1 principal place of employment of that person is to be 2 located outside of the state; reflexology; security 3 and detective services , excluding private security 4 and detective services furnished by a peace officer 5 with the knowledge and consent of the chief executive 6 officer of the peace officer’s law enforcement 7 agency ; sewage services for nonresidential commercial 8 operations; sewing and stitching; shoe repair and 9 shoeshine; sign construction and installation; 10 storage of household goods, mini-storage, and 11 warehousing of raw agricultural products; swimming 12 pool cleaning and maintenance; tanning beds or salons; 13 taxidermy services; telephone answering service; test 14 laboratories, including mobile testing laboratories and 15 field testing by testing laboratories, and excluding 16 tests on humans or animals; termite, bug, roach, 17 and pest eradicators; tin and sheet metal repair; 18 transportation service consisting of the rental of 19 recreational vehicles or recreational boats, or the 20 rental of motor vehicles subject to registration which 21 are registered for a gross weight of thirteen tons 22 or less for a period of sixty days or less, or the 23 rental of aircraft for a period of sixty days or less; 24 Turkish baths, massage, and reducing salons, excluding 25 services provided by massage therapists licensed 26 under chapter 152C ; water conditioning and softening; 27 weighing; welding; well drilling; wrapping, packing, 28 and packaging of merchandise other than processed meat, 29 fish, fowl, and vegetables; wrecking service; wrecker 30 and towing. 31 Sec. 138. Section 423.3, subsection 47, paragraph 32 d, subparagraph (4), Code 2013, is amended to read as 33 follows: 34 (4) “Manufacturer” means as defined in section 35 428.20 a person who purchases, receives, or holds 36 personal property of any description for the purpose 37 of adding to its value by a process of manufacturing, 38 refining, purifying, combining of different materials, 39 or by the packing of meats, with a view to selling 40 the property for gain or profit , but also includes 41 contract manufacturers. A contract manufacturer is a 42 manufacturer that otherwise falls within the definition 43 of manufacturer under section 428.20 , except that 44 a contract manufacturer does not sell the tangible 45 personal property the contract manufacturer processes 46 on behalf of other manufacturers. A business engaged 47 in activities subsequent to the extractive process of 48 quarrying or mining, such as crushing, washing, sizing, 49 or blending of aggregate materials, is a manufacturer 50 -41- S3218.2205 (3) 85 tm/jp 41/ 61
with respect to these activities. This subparagraph 1 (4) shall not be construed to require that a person 2 be primarily engaged in an activity listed in this 3 subparagraph in order to qualify as a manufacturer for 4 purposes of this subsection. 5 Sec. 139. Section 423.3, Code 2013, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION . 99. The sales price from services 8 furnished by forestry consultants and forestry vendors 9 engaged in forestry practices on private or public 10 land. 11 DIVISION XIX 12 IOWA FUND OF FUNDS 13 Sec. 140. Section 15E.62, Code 2013, is amended by 14 adding the following new subsections: 15 NEW SUBSECTION . 03. “Creditor” means a person, 16 including an assignee of or successor to such person, 17 who extends credit or makes a loan to the Iowa fund of 18 funds or to a designated investor, and includes any 19 person who refinances such credit or loan. 20 NEW SUBSECTION . 04. “Fund documents” means all 21 agreements relating to matters under the purview of 22 this division VII entered into prior to the effective 23 date of this division of this Act between or among 24 the state, the Iowa fund of funds, a fund allocation 25 manager or similar manager, the Iowa capital investment 26 corporation, the board, a creditor, a designated 27 investor, and a private seed or venture capital 28 partnership, and includes other documents having the 29 same force and effect between or among such parties, 30 as any of the foregoing may be amended, modified, 31 restated, or replaced from time to time. 32 Sec. 141. Section 15E.65, subsection 2, paragraph 33 h, Code 2013, is amended to read as follows: 34 h. Fifty years after the organization of the 35 Iowa fund of funds As soon as practicable after the 36 effective date of this division of this Act , the 37 Iowa capital investment corporation , in conjunction 38 with the department of revenue, the board, and the 39 attorney general, shall wind up the Iowa fund of 40 funds pursuant to section 15E.72 and shall cause the 41 Iowa fund of funds to be liquidated with all of its 42 assets distributed to its owners in accordance with 43 the provisions of its organizational documents and in 44 accordance with the fund documents . In liquidating 45 such assets, the capital investment corporation, the 46 department of revenue, the board, and the attorney 47 general shall act with prudence and caution in order 48 to minimize costs and fees and to preserve investment 49 assets to the extent reasonably possible. 50 -42- S3218.2205 (3) 85 tm/jp 42/ 61
Sec. 142. NEW SECTION . 15E.72 Program wind-up and 1 future repeal. 2 1. Organization of additional funds prohibited. 3 Notwithstanding section 15E.65, an Iowa fund of funds 4 shall not be organized on or after the effective date 5 of this division of this Act. 6 2. New investments by the fund of funds 7 prohibited. Notwithstanding section 15E.65, the Iowa 8 fund of funds shall not make new investments in private 9 seed and venture capital partnerships or entities on or 10 after the effective date of this division of this Act 11 except as required by the fund documents. 12 3. New investments by designated investors 13 prohibited. 14 a. Except as provided in paragraph “b” , and 15 notwithstanding any other provision in this division 16 VII, a designated investor shall not invest in the Iowa 17 fund of funds on or after the effective date of this 18 division of this Act. 19 b. Notwithstanding the prohibition in paragraph 20 “a” , a designated investor may invest in the Iowa 21 fund of funds on or after the effective date of this 22 division of this Act to the extent such investment 23 is required by the fund documents. In addition, the 24 director of revenue, with the approval of the attorney 25 general, may authorize additional investment in the 26 Iowa fund of funds but only if such an investment is 27 necessary to preserve fund assets, repay creditors, pay 28 taxes, or otherwise effectuate an orderly wind-up of 29 the program pursuant to this section. 30 4. Issuance, verification, and redemption of new 31 certificates prohibited. 32 a. Except as provided in paragraph “b” , and 33 notwithstanding any other provision in this division 34 VII, the board shall not issue, verify, or redeem a 35 certificate or a related tax credit on or after the 36 effective date of this division of this Act. 37 b. Notwithstanding the prohibition in paragraph 38 “a” , the board may issue, redeem, or verify a 39 certificate or a related tax credit under any of the 40 following conditions: 41 (1) The board is required to do so under the terms 42 of the fund documents. 43 (2) The issuance, redemption, or verification is 44 deemed necessary by the director of revenue and the 45 attorney general in order to arrange new financing 46 terms with a creditor. 47 (3) The issuance, redemption, or verification 48 is deemed necessary by the director of revenue and 49 the attorney general to preserve fund assets, repay 50 -43- S3218.2205 (3) 85 tm/jp 43/ 61
creditors, or otherwise effectuate an orderly wind-up 1 of the program pursuant to this section. 2 5. New fund allocation managers prohibited. 3 a. Notwithstanding any other provision in this 4 division VII, the Iowa capital investment corporation 5 shall not have authority to solicit, select, terminate, 6 or change a fund allocation manager or similar manager 7 on or after the effective date of this division of this 8 Act. 9 b. On or after the effective date of this division 10 of this Act, all decisions pertaining to relationships 11 with a fund allocation manager or similar manager 12 selected prior to the effective date of this division 13 of this Act shall be made by the director of revenue 14 with the approval of the attorney general. This 15 subsection shall not be construed to impair the terms 16 of the fund documents. 17 6. Pledging of certificates prohibited. 18 a. Except as provided in paragraph “b” , and 19 notwithstanding any other provision of law to the 20 contrary, a certificate and a related tax credit or 21 verified tax credit issued by the board shall not be 22 pledged by a designated investor as security for a loan 23 or an extension of credit on or after the effective 24 date of this division of this Act. 25 b. Notwithstanding the prohibition in paragraph 26 “a” , a certificate and related tax credit or verified 27 tax credit issued by the board may be pledged by 28 a designated investor as security for a loan or an 29 extension of credit to the extent such pledge is 30 required by the fund documents. In addition, the 31 board, with the approval of the director of revenue 32 and the attorney general, may authorize a certificate 33 and related tax credit to be pledged as security for 34 a loan or an extension of credit, but only if such a 35 pledge is necessary to arrange new financing terms with 36 a creditor or to repay creditors for moneys loaned or 37 credit extended to a designated investor. 38 7. Rural and small business loan guarantees 39 prohibited. Notwithstanding any other provision in 40 this division VII to the contrary, the Iowa capital 41 investment corporation shall not make rural and small 42 business loan guarantees or otherwise administer a 43 program to provide loan guarantees and other related 44 credit enhancements on loans to rural and small 45 business borrowers within the state of Iowa on or after 46 the effective date of this division of this Act. 47 8. Iowa capital investment corporation purposes 48 amended. Notwithstanding section 15E.64, on or after 49 the effective date of this division of this Act, the 50 -44- S3218.2205 (3) 85 tm/jp 44/ 61
purposes of the Iowa capital investment corporation 1 shall be to comply with its obligations under the 2 fund documents and to assist the board, the director 3 of revenue, and the attorney general in effectuating 4 the orderly wind-up of the Iowa fund of funds. 5 In effectuating such a wind-up, the Iowa capital 6 investment corporation shall comply with all reasonable 7 requests by the board, the director of revenue, the 8 attorney general, or the auditor of state. 9 9. Use of revolving fund prohibited. 10 a. Notwithstanding section 15E.65, subsection 2, 11 paragraph “a” , on or after the effective date of this 12 division of this Act, all investment returns received 13 by the Iowa capital investment corporation that are in 14 excess of those payable to designated investors shall 15 be deposited in the general fund of the state. 16 b. This subsection shall not be construed to 17 impair the terms of the fund documents. It is the 18 intent of the general assembly that this subsection 19 only applies in the event that there are investment 20 returns in excess of those necessary to repay creditors 21 and designated investors under the terms of the fund 22 documents. 23 10. Preservation of existing rights. This section 24 is not intended to and shall not limit, modify, 25 or otherwise adversely affect the fund documents, 26 including any certificate or related tax credit issued 27 before the effective date of this division of this Act. 28 11. Future repeal. This division VII is repealed 29 upon the occurrence of one of the following, whichever 30 is earlier: 31 a. The expiration or termination of all fund 32 documents. The director of revenue shall notify the 33 Iowa Code editor upon the occurrence of this condition. 34 b. December 31, 2027. 35 Sec. 143. EFFECTIVE UPON ENACTMENT. This division 36 of this Act, being deemed of immediate importance, 37 takes effect upon enactment. 38 DIVISION XX 39 STUDY REPORT 40 Sec. 144. ADMINISTRATIVE APPEALS PROCESS FOR 41 TAX MATTERS AND NEW TAX APPEAL BOARD —— REPORT. The 42 department of revenue, in consultation with the 43 department of management and other interested 44 stakeholders, shall study the independence, 45 effectiveness, and fairness of the state’s current 46 administrative appeals processes for tax matters and 47 shall make recommendations for changes, if necessary, 48 and shall additionally study the desirability, 49 practicality, and feasibility of replacing components 50 -45- S3218.2205 (3) 85 tm/jp 45/ 61
of these processes with a new consolidated and 1 independent administrative appeals board for tax 2 matters within the executive branch to resolve disputes 3 between the department of revenue and taxpayers. 4 The department of revenue shall prepare and file a 5 report detailing its findings and recommendations 6 with the chairpersons and ranking members of the ways 7 and means committees of the senate and the house of 8 representatives and with the legislative services 9 agency by January 8, 2014. This section of this Act 10 shall not be construed to provide the department of 11 revenue with the power or authority to eliminate or in 12 any way modify the property assessment appeals board 13 created pursuant to section 421.1A. 14 DIVISION XXI 15 SECURE AN ADVANCED VISION FOR EDUCATION FUND 16 Sec. 145. Section 423F.2, subsection 1, paragraph 17 b, Code 2013, is amended to read as follows: 18 b. The increase in the state sales, services, and 19 use taxes under chapter 423, subchapters II and III , 20 from five percent to six percent shall replace the 21 repeal of the county’s local sales and services tax for 22 school infrastructure purposes. The distribution of 23 moneys in the secure an advanced vision for education 24 fund and the use of the moneys for infrastructure 25 purposes or property tax relief shall be as provided 26 in this chapter . However, the formula for the 27 distribution of the moneys in the fund shall be based 28 upon amounts that would have been received if the local 29 sales and services taxes under former chapter 423E, 30 Code and Code Supplement 2007, continued in existence. 31 Sec. 146. Section 423F.2, subsection 3, Code 2013, 32 is amended to read as follows: 33 3. The moneys available in a fiscal year in the 34 secure an advanced vision for education fund shall be 35 distributed by the department of revenue to each school 36 district in an amount equal to the amount the school 37 district would have received pursuant to the formula 38 in section 423E.4 as if the local sales and services 39 tax for school infrastructure purposes was imposed on a 40 per pupil basis calculated using each school district’s 41 budget enrollment, as defined in section 257.6, for 42 that fiscal year . Moneys in a fiscal year that are in 43 excess of that needed to provide each school district 44 with its formula amount Prior to distribution of moneys 45 in the secure an advanced vision for education fund to 46 school districts, two and one-tenths percent of the 47 moneys available in a fiscal year shall be distributed 48 and credited to the property tax equity and relief fund 49 created in section 257.16A . 50 -46- S3218.2205 (3) 85 tm/jp 46/ 61
Sec. 147. APPLICABILITY. This division of this 1 Act applies to fiscal years beginning on or after July 2 1, 2014. 3 DIVISION XXII 4 SCHOOL EMPLOYEES —— BACKGROUND INVESTIGATIONS 5 Sec. 148. NEW SECTION . 279.69 School employees —— 6 background investigations. 7 1. Prior to hiring an applicant for a school 8 employee position, a school district shall have access 9 to and shall review the information in the Iowa court 10 information system available to the general public, 11 the sex offender registry information under section 12 692A.121 available to the general public, the central 13 registry for child abuse information established under 14 section 235A.14, and the central registry for dependent 15 adult abuse information established under section 16 235B.5 for information regarding the applicant. A 17 school district shall follow the same procedure by June 18 30, 2014, for each school employee employed by the 19 school district as of July 1, 2013. A school district 20 shall also follow the same procedure every five years 21 upon the anniversary of each school employee’s year of 22 hire. A school district shall not charge an employee 23 for the cost of the registry checks conducted pursuant 24 to this subsection. A school district shall maintain 25 documentation demonstrating compliance with this 26 subsection. 27 2. Being listed in the sex offender registry 28 established under chapter 692A, the central registry 29 for child abuse information established under section 30 235A.14, or the central registry for dependent adult 31 abuse information established under section 235B.5 32 shall constitute grounds for the immediate suspension 33 from duties of a school employee, pending a termination 34 hearing by the board of directors of a school district. 35 A termination hearing conducted pursuant to this 36 subsection shall be limited to the question of whether 37 the school employee was incorrectly listed in the 38 registry. 39 3. For purposes of this section, “school employee” 40 means an individual employed by a school district, 41 including a part-time, substitute, or contract 42 employee. “School employee” does not include an 43 individual subject to a background investigation 44 pursuant to section 272.2, subsection 17, section 45 279.13, subsection 1, paragraph “b” , or section 46 321.375, subsection 2. 47 Sec. 149. STATE MANDATE FUNDING SPECIFIED. In 48 accordance with section 25B.2, subsection 3, the state 49 cost of requiring compliance with any state mandate 50 -47- S3218.2205 (3) 85 tm/jp 47/ 61
included in this division of this Act shall be paid 1 by a school district from state school foundation 2 aid received by the school district under section 3 257.16. This specification of the payment of the 4 state cost shall be deemed to meet all of the state 5 funding-related requirements of section 25B.2, 6 subsection 3, and no additional state funding shall be 7 necessary for the full implementation of this division 8 of this Act by and enforcement of this division of this 9 Act against all affected school districts. 10 DIVISION XXIII 11 FOOD BANKS 12 SUBCHAPTER I 13 GENERAL 14 Sec. 150. NEW SECTION . 190B.101 Purpose. 15 The purpose of this chapter is to effectively 16 and efficiently utilize Iowa’s abundant supplies of 17 nutritional food to relieve situations of emergency 18 or distress experienced by individuals or families in 19 need who reside in this state, including low-income 20 individuals or families and unemployed individuals or 21 families. 22 Sec. 151. NEW SECTION . 190B.102 Definitions. 23 As used in this chapter, unless the context 24 otherwise requires: 25 1. “Federal emergency food assistance program” means 26 the federal emergency food assistance program, as 27 provided in 7 C.F.R. pts. 250 and 251. 28 2. “Food” means a substance which is used in whole 29 or in part for human consumption in compliance with 30 federal and state standards or requirements including a 31 donated food that meets the requirements of the federal 32 emergency food assistance program. 33 3. “Food commodity” means any commodity that is 34 derived from an agricultural animal or crop, both 35 as defined in section 717A.1, that is produced on 36 agricultural land as defined in section 425A.2, and 37 that is intended to be used as food in its raw or 38 processed state. 39 4. “Iowa emergency feeding organization” means a 40 public or private nonprofit organization whose mission 41 is compatible with the purpose of this chapter as 42 provided in section 190B.101 and which includes an 43 Iowa food bank or other organization that operates 44 at a congregate nutritional site or that provides 45 home-delivered meals in this state. An Iowa emergency 46 feeding organization includes but is not limited to a 47 food pantry, hunger relief center, or soup kitchen. 48 5. “Iowa food bank” means a private nonprofit 49 organization which meets all of the following 50 -48- S3218.2205 (3) 85 tm/jp 48/ 61
requirements: 1 a. It receives, holds, and directly or indirectly 2 distributes food principally to Iowa emergency feeding 3 organizations in a manner compatible with the purpose 4 of this chapter as provided in section 190B.101. 5 b. It is an organization described in section 6 501(c)(3) of the Internal Revenue Code and exempt from 7 taxation under section 501(a) of the Internal Revenue 8 Code. 9 c. It receives contributions that are deductible 10 under section 170 of the Internal Revenue Code. 11 6. “Iowa food bank association” or “association” 12 means an organization that meets all of the following 13 requirements: 14 a. It is organized as a nonprofit corporation under 15 chapter 504. 16 b. Its principal office is or has been located in 17 this state. 18 c. It is an organization described in section 19 501(c)(3) of the Internal Revenue Code and exempt from 20 taxation under section 501(a) of the Internal Revenue 21 Code. 22 d. It receives contributions that are deductible 23 under section 170 of the Internal Revenue Code. 24 e. Its members include Iowa food banks, or 25 affiliations of Iowa food banks, that together serve 26 all counties in this state. 27 SUBCHAPTER II 28 IOWA FOOD-LINK TO FOOD-BANK INITIATIVE 29 Sec. 152. NEW SECTION . 190B.201 Definition. 30 As used in this subchapter, “department” means the 31 department of human services. 32 Sec. 153. NEW SECTION . 190B.202 Department of 33 human services —— cooperation with other agencies. 34 1. This subchapter shall be administered by the 35 department of human services. 36 2. The department shall adopt all rules necessary 37 to administer this subchapter. 38 3. Each fiscal year, the department shall award 39 the amount appropriated in section 190B.203, to an 40 Iowa food bank association selected by the department 41 to manage programs associated with an Iowa food-link 42 to food-bank initiative. The moneys appropriated in 43 section 190B.203 shall be allocated on a matching basis 44 as provided in that section. The department shall 45 execute a contract with the association to provide for 46 the terms and conditions of the program’s management. 47 A contract shall not obligate the state to pay moneys 48 for multiple fiscal years. 49 4. The department of agriculture and land 50 -49- S3218.2205 (3) 85 tm/jp 49/ 61
stewardship, the department of public health, and the 1 department of inspections and appeals shall cooperate 2 with the department of human services to administer the 3 Iowa food-link to food-bank initiative. 4 Sec. 154. NEW SECTION . 190B.203 Iowa food-link to 5 food-bank initiative —— appropriation. 6 1. For the fiscal year beginning July 1, 2013, 7 and ending June 30, 2014, and for each subsequent 8 fiscal year, there is appropriated from the general 9 fund of the state to the department of human services 10 the amount of two million dollars to support an Iowa 11 food-link to food-bank initiative to further the 12 purpose provided in section 190B.101. 13 2. The department of human services shall allocate 14 the amount appropriated in subsection 1 to an Iowa food 15 bank association selected by the department as provided 16 in section 190B.202 for purposes of supporting the 17 following programs: 18 a. An Iowa emergency food purchase program. The 19 department shall allocate up to one million seven 20 hundred thousand dollars to the association for the 21 purchase of food on behalf of an Iowa emergency feeding 22 organization or for the distribution of moneys to Iowa 23 emergency feeding organizations for the purchase of 24 food. 25 (1) A preference shall be provided to the purchase 26 of food produced, processed, or packaged within this 27 state whenever reasonably practicable. 28 (2) The food shall be purchased in a manner that 29 best furthers a significant economic benefit to 30 communities of this state. 31 b. An Iowa emergency food nutritional education 32 program. The department shall allocate up to one 33 hundred thousand dollars to the association to 34 distribute the moneys to one or more Iowa emergency 35 feeding organizations in order to provide instruction 36 regarding nutrition and promote a lifelong healthy 37 diet. 38 c. A transportation and storage program. The 39 department shall allocate up to two hundred thousand 40 dollars to the association for the limited purposes of 41 paying costs directly associated with transporting or 42 storing donated food associated with the Iowa food-link 43 to food-bank initiative as provided in this subchapter. 44 3. The moneys appropriated in subsection 1 shall 45 be allocated as provided in subsection 2 only to the 46 extent that the allocated moneys are matched on a 47 dollar-for-dollar basis with moneys contributed by one 48 or more sources, including but not limited to an Iowa 49 food bank, but not including the state. The department 50 -50- S3218.2205 (3) 85 tm/jp 50/ 61
shall establish procedures or other requirements for 1 making and tracking matching contributions. 2 SUBCHAPTER III 3 FROM FARM TO FOOD DONATION TAX CREDIT 4 Sec. 155. NEW SECTION . 190B.301 Definitions. 5 As used in this subchapter, unless the context 6 otherwise requires: 7 1. “Department” means the department of revenue. 8 2. “Tax credit” means the from farm to food 9 donation tax credit as established in this subchapter. 10 Sec. 156. NEW SECTION . 190B.302 Department of 11 revenue —— cooperation with other departments. 12 1. This subchapter shall be administered by the 13 department of revenue. 14 2. The department shall adopt all rules necessary 15 to administer this subchapter. 16 3. The department of agriculture and land 17 stewardship, the department of public health, the 18 department of human services, and the department 19 of inspections and appeals shall cooperate with the 20 department of revenue to administer this subchapter. 21 Sec. 157. NEW SECTION . 190B.303 From farm to food 22 donation tax credit. 23 A from farm to food donation tax credit is allowed 24 against the taxes imposed in chapter 422, divisions II 25 and III, as provided in this subchapter. 26 Sec. 158. NEW SECTION . 190B.304 From farm to food 27 donation tax credit —— eligibility. 28 In order to qualify for a from farm to food donation 29 tax credit, all of the following must apply: 30 1. The taxpayer must produce the donated food 31 commodity. 32 2. The taxpayer must transfer title to the 33 donated food commodity to an Iowa food bank, or an 34 Iowa emergency feeding organization, recognized 35 by the department. The taxpayer shall not receive 36 remuneration for the transfer. 37 3. The donated food commodity cannot be damaged 38 or out-of-condition and declared to be unfit for 39 human consumption by a federal, state, or local health 40 official. A food commodity that meets the requirements 41 for donated foods pursuant to the federal emergency 42 food assistance program satisfies this requirement. 43 4. A taxpayer claiming the tax credit shall provide 44 documentation supporting the tax credit claim in a form 45 and manner prescribed by the department by rule. 46 Sec. 159. NEW SECTION . 190B.305 From farm to food 47 donation tax credit —— claims filed by individuals who 48 belong to business entities. 49 An individual may claim a from farm to food donation 50 -51- S3218.2205 (3) 85 tm/jp 51/ 61
tax credit of a partnership, limited liability company, 1 S corporation, estate, or trust electing to have 2 income taxed directly to the individual. The amount 3 claimed by the individual shall be based upon the 4 pro rata share of the individual’s earnings from the 5 partnership, limited liability company, S corporation, 6 estate, or trust. 7 Sec. 160. NEW SECTION . 190B.306 From farm to food 8 donation tax credit —— limits on claims. 9 A from farm to food donation tax credit is subject 10 to all of the following limitations: 11 1. The tax credit shall not exceed a qualifying 12 amount for the tax year that the tax credit is claimed. 13 The qualifying amount is the lesser of the following: 14 a. Fifteen percent of the value of the commodities 15 donated during the tax year for which the credit 16 is claimed. The value of the commodities shall 17 be determined in the same manner as a charitable 18 contribution of food for federal tax purposes under 19 section 170(e)(3)(C) of the Internal Revenue Code. 20 b. Five thousand dollars. 21 2. A tax credit in excess of the taxpayer’s 22 liability for the tax year is not refundable but may be 23 credited to the tax liability for the following five 24 years or until depleted, whichever is earlier. 25 3. If a tax credit is allowed, the amount of the 26 contribution for which the tax credit is claimed shall 27 not be deductible in determining taxable income for 28 state tax purposes. 29 4. A tax credit shall not be carried back to a tax 30 year prior to the tax year in which the taxpayer claims 31 the tax credit. 32 Sec. 161. NEW SECTION . 422.11E From farm to food 33 donation tax credit. 34 The taxes imposed under this division, less the 35 credits allowed under section 422.12, shall be reduced 36 by a from farm to food donation tax credit as allowed 37 under chapter 190B, subchapter III. 38 Sec. 162. Section 422.33, Code 2013, is amended by 39 adding the following new subsection: 40 NEW SUBSECTION . 30. The taxes imposed under this 41 division shall be reduced by a from farm to food 42 donation tax credit as allowed under chapter 190B, 43 subchapter III. 44 Sec. 163. APPLICABILITY. The provisions of this 45 division of this Act providing for a from farm to food 46 donation tax credit applies to tax years beginning on 47 or after January 1, 2014. 48 DIVISION XXIV 49 NATIONAL SPORTING EVENT 50 -52- S3218.2205 (3) 85 tm/jp 52/ 61
Sec. 164. NATIONAL SPORTING EVENT —— MARKETING —— 1 INFRASTRUCTURE —— APPROPRIATION. 2 1. There is appropriated from the general fund of 3 the state to the economic development authority for the 4 fiscal year beginning July 1, 2012, and ending June 30, 5 2013, the following amount, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 For distribution to an automobile racetrack facility 8 as defined in section 423.4, subsection 5, Code 9 2013, for the development and promotion of a national 10 sporting event at the facility: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,000,000 12 2. The moneys appropriated in subsection 1 shall 13 be used for marketing and infrastructure purposes. 14 Moneys used for marketing purposes shall not be used 15 for salaries. 16 3. The authority shall distribute the moneys in the 17 following manner: 18 a. Two million dollars in the fiscal year beginning 19 July 1, 2013. 20 b. Two million dollars in the fiscal year beginning 21 July 1, 2014. 22 c. Two million dollars in the fiscal year beginning 23 July 1, 2015. 24 d. Two million dollars in the fiscal year beginning 25 July 1, 2016. 26 4. By September 1 of each year beginning September 27 1, 2014, and ending September 1, 2017, a recipient of 28 moneys distributed pursuant to this section shall file 29 a report with the authority providing specific detail 30 regarding the expenditure of such moneys during the 31 previous fiscal year. 32 5. Notwithstanding section 8.33, moneys 33 appropriated in this section that remain unencumbered 34 or unobligated shall not revert but shall remain 35 available for expenditure for the designated purposes 36 until July 1, 2017. 37 Sec. 165. EFFECTIVE UPON ENACTMENT. This division 38 of this Act, being deemed of immediate importance, 39 takes effect upon enactment. 40 DIVISION XXV 41 CITY FRANCHISE FEES 42 Sec. 166. Section 364.2, subsection 4, paragraph 43 f, subparagraph (1), Code 2013, is amended to read as 44 follows: 45 (1) (a) A franchise fee assessed by a city may be 46 based upon a percentage of gross revenues generated 47 from sales of the franchisee within the city not to 48 exceed five percent, except as provided in subparagraph 49 division (b), without regard to the city’s cost of 50 -53- S3218.2205 (3) 85 tm/jp 53/ 61 #4.
inspecting, supervising, and otherwise regulating the 1 franchise. 2 (b) For franchise fees assessed and collected 3 during fiscal years beginning on or after July 1, 4 2013, but before July 1, 2030, by a city that is the 5 subject of a judgment, court-approved settlement, or 6 court-approved compromise providing for payment of 7 restitution, a refund, or a return described in section 8 384.3A, subsection 3, paragraph “j” , the rate of 9 the franchise fee shall not exceed seven and one-half 10 percent of gross revenues generated from sales of the 11 franchisee in the city, and franchise fee amounts 12 assessed and collected during such fiscal years in 13 excess of five percent of gross revenues generated from 14 sales shall be used solely for the purpose specified 15 in section 384.3A, subsection 3, paragraph “j” . A city 16 may by an ordinance amending its franchise ordinance 17 assess and collect a franchise fee in excess of five 18 percent of gross revenues generated from the sales of 19 the franchisee pursuant to this subparagraph division 20 (b) for a single period not to exceed seven consecutive 21 fiscal years once the franchise fee is first imposed 22 at a rate in excess of five percent. Before adopting 23 an ordinance increasing the franchise fee rate to 24 greater than five percent pursuant to this subparagraph 25 division (b), the city council shall cause a notice of 26 the proposal to adopt such ordinance to be published 27 at least once in a newspaper of general circulation 28 within the city at least ten days prior to the meeting 29 at which the city council is proposed to take action 30 to adopt the ordinance to increase the franchise fee 31 rate to greater than five percent. If at any time 32 before the date fixed for taking action to adopt the 33 ordinance a petition is filed with the city clerk 34 signed by eligible electors of the city equal in number 35 to five percent of those who voted for the office of 36 governor at the preceding general election, asking that 37 the question of approving such ordinance be submitted 38 to the voters of the city, the city council shall 39 either by resolution declare the proposal to adopt 40 the ordinance to have been abandoned or shall call a 41 special election to vote upon the question of approving 42 the ordinance. If a majority of those voting on the 43 proposal approves the proposal, the city may proceed as 44 proposed. In the event of such an election, the full 45 text of the ordinance shall be printed on the ballot 46 and the full text of the ordinance shall be posted for 47 the voters pursuant to section 52.25. All absentee 48 voters shall receive the full text of the ordinance 49 along with the absentee ballot. This subparagraph 50 -54- S3218.2205 (3) 85 tm/jp 54/ 61
division (b) is repealed July 1, 2030. 1 (02) Franchise fees collected pursuant to an 2 ordinance in effect on May 26, 2009, shall be deposited 3 in the city’s general fund and such fees collected in 4 excess of the amounts necessary to inspect, supervise, 5 and otherwise regulate the franchise may be used by 6 the city for any other purpose authorized by law. 7 Franchise fees collected pursuant to an ordinance 8 that is adopted or amended on or after May 26, 2009, 9 to increase the percentage rate at which franchise 10 fees are assessed shall be credited to the franchise 11 fee account within the city’s general fund and used 12 pursuant to section 384.3A . If a city franchise fee 13 is assessed to customers of a franchise, the fee shall 14 not be assessed to the city as a customer. Before a 15 city adopts or amends a franchise fee rate ordinance 16 or franchise ordinance to increase the percentage 17 rate at which franchise fees are assessed, a revenue 18 purpose statement shall be prepared specifying the 19 purpose or purposes for which the revenue collected 20 from the increased rate will be expended. If property 21 tax relief is listed as a purpose, the revenue purpose 22 statement shall also include information regarding the 23 amount of the property tax relief to be provided with 24 revenue collected from the increased rate. The revenue 25 purpose statement shall be published as provided in 26 section 362.3 . 27 Sec. 167. Section 384.3A, subsection 3, Code 2013, 28 is amended by adding the following new paragraph: 29 NEW PARAGRAPH . j. For franchise fees assessed and 30 collected by a city in excess of five percent of gross 31 revenues generated from sales of the franchisee within 32 the city pursuant to section 364.2, subsection 4, 33 paragraph “f” , subparagraph (1), subparagraph division 34 (b), during fiscal years beginning on or after July 1, 35 2013, but before July 1, 2030, the payment adjustment, 36 renewal, or extension of any part or all of the legal 37 indebtedness of a city, whether evidenced by bonds, 38 warrants, court-approved settlements, court-approved 39 compromises, or judgments, or the funding or refunding 40 of the same, if such legal indebtedness relates to 41 restitution, a refund, or a return ordered by a court 42 of competent jurisdiction for franchise fees assessed 43 and collected by the city before the effective date 44 of this division of this Act. This paragraph “j” is 45 repealed July 1, 2030. 46 Sec. 168. EFFECTIVE UPON ENACTMENT. This division 47 of this Act, being deemed of immediate importance, 48 takes effect upon enactment. 49 DIVISION XXVI 50 -55- S3218.2205 (3) 85 tm/jp 55/ 61
SALARIES, COMPENSATION, AND RELATED MATTERS 1 Sec. 169. APPOINTED STATE OFFICERS. 2 1. The governor shall establish a salary for 3 appointed nonelected persons in the executive branch 4 of state government holding a position enumerated in 5 and within the salary ranges provided in 2008 Iowa 6 Acts, chapter 1191, section 14, by considering, among 7 other items, the experience of the individual in 8 the position, changes in the duties of the position, 9 the incumbent’s performance of assigned duties, and 10 subordinates’ salaries. However, the attorney general 11 shall establish the salary for the consumer advocate, 12 the chief justice of the supreme court shall establish 13 the salary for the state court administrator, the 14 ethics and campaign disclosure board shall establish 15 the salary of the executive director, and the Iowa 16 public broadcasting board shall establish the salary of 17 the administrator of the public broadcasting division 18 of the department of education, each within the salary 19 range provided in 2008 Iowa Acts, chapter 1191, section 20 14. 21 2. The governor, in establishing salaries as 22 provided in this section, shall take into consideration 23 other employee benefits which may be provided for an 24 individual including but not limited to housing. 25 3. A person whose salary is established pursuant 26 to this section and who is a full-time, year-round 27 employee of the state shall not receive any other 28 remuneration from the state or from any other source 29 for the performance of that person’s duties unless 30 the additional remuneration is first approved by the 31 governor or authorized by law. However, this provision 32 does not exclude the reimbursement for necessary travel 33 and expenses incurred in the performance of duties or 34 fringe benefits normally provided to employees of the 35 state. 36 Sec. 170. COLLECTIVE BARGAINING AGREEMENTS FUNDED 37 —— GENERAL FUND. 38 1. There is appropriated from the general fund 39 of the state to the salary adjustment fund for 40 distribution by the department of management to the 41 various state departments, boards, commissions, 42 councils, and agencies, including the state board of 43 regents, for the fiscal year beginning July 1, 2013, 44 and ending June 30, 2014, the amount of $41,400,000, 45 or so much thereof as may be necessary, to fully fund 46 annual pay adjustments, expense reimbursements, and 47 related benefits implemented pursuant to the collective 48 bargaining agreements and noncontract state employee 49 provisions listed in subsection 2. As a condition of 50 -56- S3218.2205 (3) 85 tm/jp 56/ 61
the appropriation in this subsection, all benefits for 1 noncontract state employees shall be consistent with 2 the benefits provided under the collective bargaining 3 agreement that covers the greatest number of state 4 employees. 5 2. a. The collective bargaining agreement 6 negotiated pursuant to chapter 20 for employees in the 7 blue collar bargaining unit. 8 b. The collective bargaining agreement negotiated 9 pursuant to chapter 20 for employees in the public 10 safety bargaining unit. 11 c. The collective bargaining agreement negotiated 12 pursuant to chapter 20 for employees in the security 13 bargaining unit. 14 d. The collective bargaining agreement negotiated 15 pursuant to chapter 20 for employees in the technical 16 bargaining unit. 17 e. The collective bargaining agreement negotiated 18 pursuant to chapter 20 for employees in the 19 professional fiscal and staff bargaining unit. 20 f. The collective bargaining agreement negotiated 21 pursuant to chapter 20 for employees in the clerical 22 bargaining unit. 23 g. The collective bargaining agreement negotiated 24 pursuant to chapter 20 for employees in the 25 professional social services bargaining unit. 26 h. The collective bargaining agreement negotiated 27 pursuant to chapter 20 for employees in the 28 community-based corrections bargaining unit. 29 i. The collective bargaining agreements negotiated 30 pursuant to chapter 20 for employees in the judicial 31 branch of government bargaining units. 32 j. The collective bargaining agreement negotiated 33 pursuant to chapter 20 for employees in the patient 34 care bargaining unit. 35 k. The collective bargaining agreement negotiated 36 pursuant to chapter 20 for employees in the science 37 bargaining unit. 38 l. The collective bargaining agreement negotiated 39 pursuant to chapter 20 for employees in the university 40 of northern Iowa faculty bargaining unit. 41 m. The collective bargaining agreement negotiated 42 pursuant to chapter 20 for employees in the state 43 university of Iowa graduate student bargaining unit. 44 n. The collective bargaining agreement negotiated 45 pursuant to chapter 20 for employees in the state 46 university of Iowa hospital and clinics tertiary health 47 care bargaining unit. 48 o. The annual pay adjustments, related benefits, 49 and expense reimbursements referred to in the sections 50 -57- S3218.2205 (3) 85 tm/jp 57/ 61
of this division of this Act addressing noncontract 1 state and state board of regents employees who are not 2 covered by a collective bargaining agreement. 3 Sec. 171. NONCONTRACT STATE EMPLOYEES —— GENERAL. 4 1. a. For the fiscal year beginning July 1, 2013, 5 the maximum and minimum salary levels of all pay plans 6 provided for in section 8A.413, subsection 3, as they 7 exist for the fiscal year ending June 30, 2013, shall 8 not increase. 9 b. For the fiscal year beginning July 1, 2013, 10 employees may receive a step increase or the equivalent 11 of a step increase. 12 c. The salary levels for noncontract judicial 13 branch employees shall not increase. 14 2. The pay plans for state employees who are 15 exempt from chapter 8A, subchapter IV, and who are 16 included in the department of administrative services’ 17 centralized payroll system shall not be increased and 18 any additional changes in any executive branch pay 19 plans shall be approved by the governor. 20 3. This section does not apply to members of the 21 general assembly, board members, commission members, 22 salaries of persons set by the general assembly 23 pursuant to this division of this Act or set by the 24 governor, or other persons designated in the section of 25 this division of this Act addressing appointed state 26 officers, employees designated under section 8A.412, 27 subsection 5, and employees covered by 11 IAC 53.6(3). 28 4. The pay plans for the bargaining eligible 29 employees of the state shall not be increased and 30 any additional changes in such executive branch pay 31 plans shall be approved by the governor. As used in 32 this section, “bargaining eligible employee” means an 33 employee who is eligible to organize under chapter 20, 34 but has not done so. 35 5. The policies for implementation of this section 36 shall be approved by the governor. 37 Sec. 172. STATE EMPLOYEES —— STATE BOARD OF 38 REGENTS. For the fiscal year beginning July 1, 2013, 39 and ending June 30, 2014, funds from the appropriation 40 made from the general fund of the state in the section 41 of this division of this Act providing for funding of 42 collective bargaining agreements shall be allocated 43 to the state board of regents for the purposes 44 of providing increases for state board of regents 45 employees covered by such section of this division 46 of this Act and for state board of regents employees 47 not covered by a collective bargaining agreement as 48 follows: 49 1. For regents merit system employees and merit 50 -58- S3218.2205 (3) 85 tm/jp 58/ 61
supervisory employees to fund for the fiscal year 1 increases comparable to those provided for similar 2 contract-covered employees in this division of this 3 Act. 4 2. For faculty members and professional and 5 scientific employees to fund for the fiscal year 6 percentage increases comparable to those provided 7 for contract-covered employees in the university of 8 northern Iowa faculty bargaining unit. 9 Sec. 173. BONUS PAY. For the fiscal year beginning 10 July 1, 2013, and ending June 30, 2014, employees of 11 the executive branch, judicial branch, and legislative 12 branch shall not receive bonus pay unless otherwise 13 authorized by law, required pursuant to a contract 14 of employment entered into before July 1, 2013, 15 or required pursuant to a collective bargaining 16 agreement. This section does not apply to employees 17 of the state board of regents. For purposes of this 18 section, “bonus pay” means any additional remuneration 19 provided an employee in the form of a bonus, including 20 but not limited to a retention bonus, recruitment 21 bonus, exceptional job performance pay, extraordinary 22 job performance pay, exceptional performance pay, 23 extraordinary duty pay, or extraordinary or special 24 duty pay, and any extra benefit not otherwise provided 25 to other similarly situated employees. 26 Sec. 174. APPROPRIATIONS FROM ROAD FUNDS. 27 1. There is appropriated from the road use tax 28 fund to the salary adjustment fund for the fiscal year 29 beginning July 1, 2013, and ending June 30, 2014, 30 the following amount, or so much thereof as may be 31 necessary, to be used for the purpose designated: 32 To supplement other funds appropriated by the 33 general assembly: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 565,089 35 2. There is appropriated from the primary road 36 fund to the salary adjustment fund, for the fiscal 37 year beginning July 1, 2013, and ending June 30, 2014, 38 the following amount, or so much thereof as may be 39 necessary, to be used for the purpose designated: 40 To supplement other funds appropriated by the 41 general assembly: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,818,968 43 3. Except as otherwise provided in this division 44 of this Act, the amounts appropriated in subsections 1 45 and 2 shall be used to fund the annual pay adjustments, 46 expense reimbursements, and related benefits for public 47 employees as provided in this division of this Act. 48 Sec. 175. SPECIAL FUNDS —— AUTHORIZATION. To 49 departmental revolving, trust, or special funds, except 50 -59- S3218.2205 (3) 85 tm/jp 59/ 61
for the primary road fund or the road use tax fund, for 1 which the general assembly has established an operating 2 budget, a supplemental expenditure authorization is 3 provided, unless otherwise provided, in an amount 4 necessary to fund salary adjustments as otherwise 5 provided in this division of this Act. 6 Sec. 176. GENERAL FUND SALARY MONEYS. Funds 7 appropriated from the general fund of the state for 8 distribution from the salary adjustment fund in the 9 section of this division of this Act providing for 10 funding of collective bargaining agreements and certain 11 noncontract state employee provisions relate only to 12 salaries supported from general fund appropriations of 13 the state. Funds appropriated from the general fund of 14 the state for employees of the state board of regents 15 relate only to salaries supported by tuition or from 16 general fund appropriations of the state and shall 17 exclude general university indirect costs and general 18 university federal funds. 19 Sec. 177. FEDERAL FUNDS APPROPRIATED. For the 20 fiscal year beginning July 1, 2013, all federal grants 21 to and the federal receipts of the agencies affected by 22 this division of this Act which are received and may be 23 expended for purposes of this division of this Act are 24 appropriated for those purposes and as set forth in the 25 federal grants or receipts. 26 Sec. 178. STATE TROOPER MEAL ALLOWANCE. For the 27 fiscal year beginning July 1, 2013, the sworn peace 28 officers in the department of public safety who are not 29 covered by a collective bargaining agreement negotiated 30 pursuant to chapter 20 shall receive the same per 31 diem meal allowance as the sworn peace officers in 32 the department of public safety who are covered by a 33 collective bargaining agreement negotiated pursuant to 34 chapter 20 . 35 Sec. 179. SALARY MODEL ADMINISTRATOR. The salary 36 model administrator shall work in conjunction with 37 the legislative services agency to maintain the 38 state’s salary model used for analyzing, comparing, 39 and projecting state employee salary and benefit 40 information, including information relating to 41 employees of the state board of regents. The 42 department of revenue, the department of administrative 43 services, the five institutions under the jurisdiction 44 of the state board of regents, the judicial district 45 departments of correctional services, and the state 46 department of transportation shall provide salary data 47 to the department of management and the legislative 48 services agency to operate the state’s salary 49 model. The format and frequency of provision of the 50 -60- S3218.2205 (3) 85 tm/jp 60/ 61
salary data shall be determined by the department of 1 management and the legislative services agency. The 2 information shall be used in collective bargaining 3 processes under chapter 20 and in calculating the 4 funding needs contained within the annual salary 5 adjustment legislation. A state employee organization 6 as defined in section 20.3, subsection 4 , may request 7 information produced by the model, but the information 8 provided shall not contain information attributable to 9 individual employees. 10 Sec. 180. 2008 Iowa Acts, chapter 1191, section 14, 11 subsection 4, is amended to read as follows: 12 4. The following are range 4 positions: director 13 of the department of human rights, director of the 14 Iowa state civil rights commission, executive director 15 of the college student aid commission, director of 16 the department for the blind, executive director of 17 the ethics and campaign disclosure board, executive 18 director of the Iowa public information board, 19 members of the public employment relations board, and 20 chairperson, vice chairperson, and members of the board 21 of parole. > 22 2. By renumbering as necessary. 23 ______________________________ ROBERT E. DVORSKY -61- S3218.2205 (3) 85 tm/jp 61/ 61 #2.