House File 2473 S-5196 Amend House File 2473, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 STANDING APPROPRIATIONS AND RELATED MATTERS 6 Section 1. 2013 Iowa Acts, chapter 140, is amended 7 by adding the following new section: 8 NEW SECTION . SEC. 1A. BUDGET PROCESS FOR FISCAL 9 YEAR 2015-2016. 10 1. For the budget process applicable to the fiscal 11 year beginning July 1, 2015, on or before October 1, 12 2014, in lieu of the information specified in section 13 8.23, subsection 1, unnumbered paragraph 1, and 14 paragraph “a”, all departments and establishments of 15 the government shall transmit to the director of the 16 department of management, on blanks to be furnished 17 by the director, estimates of their expenditure 18 requirements, including every proposed expenditure, for 19 the ensuing fiscal year, together with supporting data 20 and explanations as called for by the director of the 21 department of management after consultation with the 22 legislative services agency. 23 2. The estimates of expenditure requirements 24 shall be in a form specified by the director of 25 the department of management, and the expenditure 26 requirements shall include all proposed expenditures 27 and shall be prioritized by program or the results to 28 be achieved. The estimates shall be accompanied by 29 performance measures for evaluating the effectiveness 30 of the programs or results. 31 Sec. 2. 2013 Iowa Acts, chapter 140, is amended by 32 adding the following new section: 33 NEW SECTION . SEC. 3A. GENERAL ASSEMBLY. 34 1. The appropriations made pursuant to section 35 2.12 for the expenses of the general assembly and 36 legislative agencies for the fiscal year beginning July 37 1, 2014, and ending June 30, 2015, are reduced by the 38 following amount: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 40 2. The budgeted amounts for the general assembly 41 for the fiscal year beginning July 1, 2014, may be 42 adjusted to reflect unexpended budgeted amounts from 43 the previous fiscal year. 44 Sec. 3. 2013 Iowa Acts, chapter 140, section 6, is 45 amended to read as follows: 46 SEC. 6. LIMITATIONS OF STANDING APPROPRIATIONS 47 —— FY 2014-2015. Notwithstanding the standing 48 appropriations in the following designated sections for 49 the fiscal year beginning July 1, 2014, and ending June 50 -1- HF2473.4455 (2) 85 tm/rj 1/ 28 #1.
30, 2015, the amounts appropriated from the general 1 fund of the state pursuant to these sections for the 2 following designated purposes shall not exceed the 3 following amounts: 4 1. For operational support grants and community 5 cultural grants under section 99F.11, subsection 3 , 6 paragraph “d”, subparagraph (1): 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 8 416,702 9 2. For regional tourism marketing under section 10 99F.11, subsection 3 , paragraph “d”, subparagraph (2): 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 582,000 12 3. For payment for nonpublic school transportation 13 under section 285.2 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 15 If total approved claims for reimbursement for 16 nonpublic school pupil transportation exceed the amount 17 appropriated in accordance with this subsection, the 18 department of education shall prorate the amount of 19 each approved claim. 20 4. For the enforcement of chapter 453D relating to 21 tobacco product manufacturers under section 453D.8 : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 23 18,416 24 Sec. 4. Section 257.35, Code 2014, is amended by 25 adding the following new subsection: 26 NEW SUBSECTION . 8A. Notwithstanding subsection 1, 27 and in addition to the reduction applicable pursuant 28 to subsection 2, the state aid for area education 29 agencies and the portion of the combined district cost 30 calculated for these agencies for the fiscal year 31 beginning July 1, 2014, and ending June 30, 2015, shall 32 be reduced by the department of management by fifteen 33 million dollars. The reduction for each area education 34 agency shall be prorated based on the reduction that 35 the agency received in the fiscal year beginning July 36 1, 2003. 37 DIVISION II 38 CLAIMS AGAINST THE STATE AND BY THE STATE 39 Sec. 5. Section 8.55, subsection 3, paragraph a, 40 Code 2014, is amended to read as follows: 41 a. Except as provided in paragraphs “b” , “c” , 42 and “d” , and “0e” , the moneys in the Iowa economic 43 emergency fund shall only be used pursuant to an 44 appropriation made by the general assembly. An 45 appropriation shall only be made for the fiscal year in 46 which the appropriation is made. The moneys shall only 47 be appropriated by the general assembly for emergency 48 expenditures. 49 Sec. 6. Section 8.55, subsection 3, Code 2014, is 50 -2- HF2473.4455 (2) 85 tm/rj 2/ 28
amended by adding the following new paragraph: 1 NEW PARAGRAPH . 0e. There is appropriated from the 2 Iowa economic emergency fund to the state appeal board 3 an amount sufficient to pay claims authorized by the 4 state appeal board as provided in section 25.2. 5 Sec. 7. Section 25.2, subsection 4, Code 2014, is 6 amended to read as follows: 7 4. Payments authorized by the state appeal board 8 shall be paid from the appropriation or fund of 9 original certification of the claim. However, if that 10 appropriation or fund has since reverted under section 11 8.33 , then such payment authorized by the state appeal 12 board shall be out of any money in the state treasury 13 not otherwise appropriated as follows: 14 a. From the appropriation made from the Iowa 15 economic emergency fund in section 8.55 for purposes of 16 paying such expenses . 17 b. To the extent the appropriation from the 18 Iowa economic emergency fund described in paragraph 19 “a” is insufficient to pay such expenses, there is 20 appropriated from moneys in the general fund of the 21 state not otherwise appropriated the amount necessary 22 to fund the deficiency. 23 DIVISION III 24 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 25 Sec. 8. AIR QUALITY PROGRAM. Notwithstanding the 26 purposes provided in section 455E.11, subsection 2, 27 paragraph “c”, there is appropriated from the household 28 hazardous waste account of the groundwater protection 29 fund to the department of natural resources for the 30 fiscal year beginning July 1, 2014, and ending June 30, 31 2015, the following amount, or so much thereof as is 32 necessary, to be used for the purposes designated: 33 For supporting the department’s air quality 34 programs, including salaries, support, maintenance, and 35 miscellaneous purposes: 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,400,000 37 Sec. 9. FOOD SECURITY FOR OLDER INDIVIDUALS. There 38 is appropriated from the general fund of the state to 39 the department on aging for the fiscal year beginning 40 July 1, 2014, and ending June 30, 2015, the following 41 amount, or so much thereof as is necessary, to be used 42 for the purposes designated: 43 To award to each area agency on aging designated 44 under section 231.32 in the proportion that the 45 estimated amount of older individuals in Iowa served by 46 that area agency on aging bears to the total estimated 47 amount of older individuals in Iowa, to be used to 48 provide congregate meals and home-delivered meals to 49 food-insecure older individuals in Iowa: 50 -3- HF2473.4455 (2) 85 tm/rj 3/ 28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 1 Sec. 10. AIR QUALITY STAKEHOLDER GROUP. The 2 director of the department of natural resources shall 3 convene a stakeholder group for purposes of studying 4 the funding of air quality programs administered by 5 the department. By December 1, 2014, the department 6 shall submit a written report to the general assembly 7 regarding the findings and recommendations of the 8 stakeholder group. 9 Sec. 11. PERSONNEL SETTLEMENT AGREEMENT 10 PAYMENTS. The general assembly and the judicial branch 11 shall not enter into a personnel settlement agreement 12 with a state employee that contains a confidentiality 13 provision intended to prevent public disclosure of the 14 agreement or any terms of the agreement. 15 Sec. 12. Section 8.9, subsection 2, paragraph a, 16 Code 2014, is amended to read as follows: 17 a. All grant applications submitted and grant 18 moneys received by a department on behalf of the state 19 shall be reported to the office of grants enterprise 20 management. The office shall by January 31 December 21 1 of each year submit to the fiscal services division 22 of the legislative services agency a written report 23 listing all grants received during the previous 24 calendar most recently completed federal fiscal year 25 with a value over one thousand dollars and the funding 26 entity and purpose for each grant. However, the 27 reports on grants filed by the state board of regents 28 pursuant to section 8.44 shall be deemed sufficient to 29 comply with the requirements of this subsection . In 30 addition, each department shall submit and the office 31 shall report, as applicable, for each grant applied 32 for or received and other federal moneys received 33 the expected duration of the grant or the other 34 moneys, maintenance of effort or other matching fund 35 requirements throughout and following the period of the 36 grant or the other moneys, the sources of the federal 37 funding and any match funding, any policy, program, or 38 operational requirement associated with receipt of the 39 funding, a status report on changes anticipated in the 40 federal requirements associated with the grant or other 41 federal funding during the fiscal year in progress and 42 the succeeding fiscal year, and any other information 43 concerning the grant or other federal funding that 44 would be helpful in the development of policy or 45 budget decisions. The fiscal services division of 46 the legislative services agency shall compile the 47 information received for consideration by the standing 48 joint appropriations subcommittees of the general 49 assembly. 50 -4- HF2473.4455 (2) 85 tm/rj 4/ 28
Sec. 13. Section 68B.3, Code 2014, is amended by 1 adding the following new subsection: 2 NEW SUBSECTION . 2A. This section does not apply to 3 sales of services by a member of a board or commission 4 as defined under section 7E.4 to state executive branch 5 agencies or subunits of departments or independent 6 agencies as defined in section 7E.4 that are not the 7 subunit of the department or independent agency in 8 which the person serves or are not a subunit of a 9 department or independent agency with which the person 10 has substantial and regular contact as part of the 11 person’s duties. 12 Sec. 14. Section 602.1302, subsection 3, Code 2014, 13 is amended to read as follows: 14 3. A revolving fund is created in the state 15 treasury for the payment of jury and witness fees, 16 mileage, costs related to summoning jurors by the 17 judicial branch, costs and fees related to the 18 management and payment of interpreters and translators 19 in judicial branch legal proceedings and court-ordered 20 programs, and attorney fees paid by the state public 21 defender for counsel appointed pursuant to section 22 600A.6A . The judicial branch shall deposit any 23 reimbursements to the state for the payment of jury 24 and witness fees and mileage in the revolving fund. 25 In each calendar quarter the judicial branch shall 26 reimburse the state public defender for attorney fees 27 paid pursuant to section 600A.6B . Notwithstanding 28 section 8.33 , unencumbered and unobligated receipts in 29 the revolving fund at the end of a fiscal year do not 30 revert to the general fund of the state. The judicial 31 branch shall on or before February 1 file a financial 32 accounting of the moneys in the revolving fund with 33 the legislative services agency. The accounting shall 34 include an estimate of disbursements from the revolving 35 fund for the remainder of the fiscal year and for the 36 next fiscal year. 37 Sec. 15. 2013 Iowa Acts, chapter 138, section 157, 38 subsection 5A, if enacted by 2014 Iowa Acts, House File 39 2463, is amended by striking the subsection. 40 DIVISION IV 41 CORRECTIVE PROVISIONS 42 Sec. 16. Section 15.353, subsection 1, paragraph c, 43 subparagraph (2), if enacted by 2014 Iowa Acts, House 44 File 2448, is amended to read as follows: 45 (2) The average dwelling unit cost does not exceed 46 two hundred fifty thousand dollars per dwelling unit 47 if the project involves the rehabilitation, repair, 48 redevelopment, or preservation of eligible property, 49 as that term is defined in section 404A.1, subsection 50 -5- HF2473.4455 (2) 85 tm/rj 5/ 28
2 property described in section 404A.1, subsection 7, 1 paragraph “a” . 2 Sec. 17. Section 15J.4, subsection 1, paragraph b, 3 as amended by 2014 Iowa Acts, House File 2448, section 4 34, if enacted, is amended to read as follows: 5 b. The area was in whole or in part a designated 6 economic development enterprise zone under chapter 7 15E, division XVIII, Code 2014, immediately prior to 8 the effective date of this division of this Act, or 9 the area is in whole or in part an urban renewal area 10 established pursuant to chapter 403. 11 Sec. 18. Section 123.47, subsection 1A, paragraph 12 c, subparagraph (2), as enacted by 2014 Iowa Acts, 13 Senate File 2310, section 1, is amended to read as 14 follows: 15 (2) A person under legal age who consumes or 16 possesses any alcoholic liquor, wine, or beer in 17 connection with a religious observance, ceremony, or 18 right rite . 19 Sec. 19. Section 331.552, subsection 35, as amended 20 by 2014 Iowa Acts, House File 2273, section 5, if 21 enacted, is amended to read as follows: 22 35. a. Destroy special assessment records required 23 by section 445.11 within the county system after ten 24 years have elapsed from the end of the fiscal year in 25 which the special assessment was paid in full. The 26 county treasurer shall also destroy the resolution of 27 necessity, plat, and schedule of assessments required 28 by section 384.51 after ten years have elapsed from the 29 end of the fiscal year in which the entire schedule was 30 paid in full. This subsection paragraph applies to 31 documents described in this subsection paragraph that 32 are in existence before, on, or after July 1, 2003. 33 b. Destroy assessment records required by chapter 34 468 within the county system after ten years have 35 elapsed from the end of the fiscal year in which the 36 assessment was paid in full. The county treasurer 37 shall also destroy the accompanying documents including 38 any resolutions, plats, or schedule of assessments 39 after ten years have elapsed from the end of the 40 fiscal year in which the entire schedule was paid in 41 full. This subsection paragraph applies to documents 42 described in this subsection paragraph that are in 43 existence before, on, or after July 1, 2014. 44 Sec. 20. Section 422.33, subsection 4, paragraph c, 45 Code 2014, as amended by 2014 Iowa Acts, Senate File 46 2240, section 87, and redesignated as paragraph b, 47 subparagraph (3), is amended to read as follows: 48 (3) Subtract an exemption amount of forty thousand 49 dollars. This exemption amount shall be reduced, but 50 -6- HF2473.4455 (2) 85 tm/rj 6/ 28
not below zero, by an amount equal to twenty-five 1 percent of the amount by which the alternative minimum 2 taxable income of the taxpayer, computed without regard 3 to the exemption amount in this paragraph subparagraph , 4 exceeds one hundred fifty thousand dollars. 5 Sec. 21. Section 425.15, subsection 1, paragraph a, 6 as enacted by 2014 Iowa Acts, Senate File 2352, section 7 1, is amended to read as follows: 8 a. A veteran of any of the military forces of the 9 United States, who acquired the homestead under 38 10 U.S.C. §21.801, 21.802, prior to August 6, 1991, or 11 under 38 U.S.C. §2101, 2102. 12 Sec. 22. Section 508.36, subsection 13, paragraph 13 d, subparagraph (1), subparagraph division (c), as 14 enacted by 2014 Iowa Acts, Senate File 2131, section 9, 15 is amended to read as follows: 16 (c) Minimum reserves for all other policies of or 17 contracts subject to subsection 1, paragraph “b” . 18 Sec. 23. Section 508.36, subsection 16, paragraph 19 c, subparagraph (3), as enacted by 2014 Iowa Acts, 20 Senate File 2131, section 9, is amended to read as 21 follows: 22 (3) Once any portion of a memorandum in support 23 of an opinion submitted under subsection 2 or a 24 principle-based valuation report developed under 25 subsection 14, paragraph “b” , subparagraph (3), is 26 cited by a company in its marketing or is publicly 27 volunteered to or before a governmental agency other 28 than a state insurance department or is released by 29 the company to the news media, all portions or of such 30 memorandum or report shall no longer be confidential 31 information. 32 Sec. 24. Section 508.37, subsection 6, paragraph h, 33 subparagraph (8), as enacted by 2014 Iowa Acts, Senate 34 File 2131, section 13, is amended to read as follows: 35 (8) For policies issued on or after the operative 36 date of the valuation manual, the valuation manual 37 shall provide the Commissioners Standard Mortality 38 Table for use in determining the minimum nonforfeiture 39 standard that may be substituted for the Commissioners 40 1961 Standard Industrial Mortality Table or the 41 Commissioners 1961 Industrial Extended Term Insurance 42 Table. If the commissioner approves by regulation 43 rule any Commissioners Standard Industrial Mortality 44 Table adopted by the national association of insurance 45 commissioners for use in determining the minimum 46 nonforfeiture standard for policies issued on or after 47 the operative date of the valuation manual, then that 48 minimum nonforfeiture standard supersedes the minimum 49 nonforfeiture standard provided by the valuation 50 -7- HF2473.4455 (2) 85 tm/rj 7/ 28
manual. 1 Sec. 25. Section 537.1301, subsection 46, as 2 enacted by 2014 Iowa Acts, House File 2324, section 17, 3 is amended to read as follows: 4 46. “Threshold amount” means the threshold amount, 5 as determined by 12 C.F.R. §226.3(b) §1026.3(b) , 6 in effect during the period the consumer credit 7 transaction was entered into. 8 Sec. 26. 2014 Iowa Acts, Senate File 2257, section 9 15, is amended by striking the section and inserting in 10 lieu thereof the following: 11 SEC. 15. REPEAL. Sections 261.17A, 261.22, 261.39, 12 261.41, 261.44, 261.48, 261.54, 261.81A, and 261.82, 13 Code 2014, are repealed. 14 Sec. 27. REPEAL. 2014 Iowa Acts, House File 2423, 15 section 159, is repealed. 16 Sec. 28. CONTINGENT EFFECTIVENESS. The section 17 of this division of this Act amending section 15.353, 18 subsection 1, paragraph “c” , subparagraph (2), takes 19 effect only if 2014 Iowa Acts, House File 2453, is 20 enacted. 21 DIVISION V 22 GENERAL ASSEMBLY PUBLICATIONS PROVISIONS 23 Sec. 29. Section 2.42, subsection 13, Code 2014, is 24 amended to read as follows: 25 13. To establish policies with regard to publishing 26 printed and electronic versions of legal publications 27 as provided in chapters 2A and 2B , including the Iowa 28 Acts, Iowa Code, Code Supplement, Iowa administrative 29 bulletin, Iowa administrative code, and Iowa court 30 rules, or any part of those publications. The 31 publishing policies may include, but are not limited 32 to: the style and format to be used; the frequency 33 of publication; the contents of the publications; 34 the numbering systems to be used; the preparation of 35 editorial comments or notations; the correction of 36 errors; the type of print or electronic media and 37 data processing software to be used; the number of 38 volumes to be published; recommended revisions; the 39 letting of contracts for publication; the pricing of 40 the publications to which section 22.3 does not apply; 41 access to, and the use, reproduction, legal protection, 42 sale or distribution, and pricing of related data 43 processing software consistent with chapter 22 ; and any 44 other matters deemed necessary to the publication of 45 uniform and understandable publications. 46 Sec. 30. Section 2A.1, subsection 2, paragraph d, 47 unnumbered paragraph 1, Code 2014, is amended to read 48 as follows: 49 Publication of the official legal publications 50 -8- HF2473.4455 (2) 85 tm/rj 8/ 28
of the state, including but not limited to the Iowa 1 Acts, Iowa Code, Code Supplement, Iowa administrative 2 bulletin, Iowa administrative code, and Iowa court 3 rules as provided in chapter 2B . The legislative 4 services agency shall do all of the following: 5 Sec. 31. Section 2A.5, subsection 2, paragraph b, 6 Code 2014, is amended by striking the paragraph. 7 Sec. 32. Section 2A.5, Code 2014, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 2A. The legislative services 10 agency shall publish annually an electronic or printed 11 version of the roster of state officials. The roster 12 of state officials shall include a correct list of 13 state officers and deputies; members of boards and 14 commissions; justices of the supreme court, judges 15 of the court of appeals, and judges of the district 16 courts including district associate judges and judicial 17 magistrates; and members of the general assembly. 18 The office of the governor shall cooperate in the 19 preparation of the list. 20 Sec. 33. Section 2B.5, subsection 3, Code 2014, is 21 amended by striking the subsection. 22 Sec. 34. Section 2B.5A, subsection 2, Code 2014, is 23 amended to read as follows: 24 2. In consultation with the administrative rules 25 coordinator, the administrative code editor shall 26 prescribe a uniform style and form required for a 27 person filing a document for publication in the Iowa 28 administrative bulletin or the Iowa administrative 29 code, including but not limited to a rulemaking 30 document. A rulemaking document includes a notice 31 of intended action as provided in section 17A.4 or 32 an adopted rule for filing as provided in section 33 17A.5 . The rulemaking document shall correlate each 34 rule to the uniform numbering system established by 35 the administrative code editor. The administrative 36 code editor shall provide for the publication of 37 an electronic publication version of the Iowa 38 administrative bulletin and the Iowa administrative 39 code. The administrative code editor shall review 40 all submitted documents for style and form and notify 41 the administrative rules coordinator if a rulemaking 42 document is not in proper style or form, and may return 43 or revise a document which is not in proper style and 44 form. The style and form prescribed shall require 45 that a rulemaking document include a reference to the 46 statute which the rules are intended to implement. 47 Sec. 35. Section 2B.5A, subsection 6, paragraph a, 48 subparagraph (2), subparagraph division (b), Code 2014, 49 is amended to read as follows: 50 -9- HF2473.4455 (2) 85 tm/rj 9/ 28
(b) A print edition version may include an index. 1 Sec. 36. Section 2B.5B, subsection 2, Code 2014, is 2 amended to read as follows: 3 2. The administrative code editor, upon direction 4 by the Iowa supreme court and in accordance with the 5 policies of the legislative council pursuant to section 6 2.42 and the legislative services agency pursuant 7 to section 2A.1 , shall prescribe a uniform style and 8 form required for filing a document for publication in 9 the Iowa court rules. The document shall correlate 10 each rule to the uniform numbering system. The 11 administrative code editor shall provide for the 12 publication of an electronic publication version of 13 the Iowa court rules. The administrative code editor 14 shall review all submitted documents for style and 15 form and notify the Iowa supreme court if a rulemaking 16 document is not in proper style or form, and may return 17 or revise a document which is not in proper style and 18 form. 19 Sec. 37. Section 2B.5B, subsection 3, paragraph b, 20 subparagraph (2), subparagraph division (b), Code 2014, 21 is amended to read as follows: 22 (b) A print version shall may include an index. 23 Sec. 38. Section 2B.6, subsection 2, paragraph b, 24 Code 2014, is amended to read as follows: 25 b. The Iowa Code or Code Supplement, as provided in 26 section 2B.12 . 27 Sec. 39. Section 2B.12, Code 2014, is amended to 28 read as follows: 29 2B.12 Iowa Code and Code Supplement . 30 1. The legislative services agency shall control 31 and maintain in a secure electronic repository 32 custodial information used to publish the Iowa Code. 33 2. The legislative services agency shall publish 34 an annual edition of the Iowa Code as soon as 35 possible after the final adjournment of a regular 36 or special session of a general assembly. However, 37 the legislative services agency may publish a new 38 Code Supplement in lieu of the Iowa Code as soon as 39 possible after the final adjournment of a regular 40 session of a general assembly. The legislative 41 services agency may publish a new edition of the Iowa 42 Code or Code Supplement as soon as possible after the 43 final adjournment of a special session of the general 44 assembly. 45 3. An edition of the Iowa Code or Code Supplement 46 shall contain each Code section in its new or amended 47 form. However, a new section or amendment which does 48 not take effect until after the probable publication 49 date of a succeeding Iowa Code or Code Supplement 50 -10- HF2473.4455 (2) 85 tm/rj 10/ 28
may be deferred for publication in that succeeding 1 Iowa Code or Code Supplement . The sections shall 2 be inserted in each edition in a logical order as 3 determined by the Iowa Code editor in accordance with 4 the policies of the legislative council. 5 4. Each section of an Iowa Code or Code Supplement 6 shall be indicated by a number printed in boldface 7 type and shall have an appropriate headnote printed in 8 boldface type. 9 5. The Iowa Code shall include all of the 10 following: 11 a. The Declaration of Independence. 12 b. The Articles of Confederation. 13 c. The Constitution of the United States. 14 d. The laws of the United States relating to the 15 authentication of records. 16 e. The Constitution of the State of Iowa, original 17 and codified versions. 18 f. The Act admitting Iowa into the union as a 19 state. 20 g. The arrangement of the Code into distinct units, 21 as established by the legislative services agency, 22 which may include titles, subunits of titles, chapters, 23 subunits of chapters, and sections, and subunits of 24 sections. The distinct units shall be numbered and may 25 include names. 26 h. All of the statutes of Iowa of a general and 27 permanent nature, except as provided in subsection 3 . 28 i. A comprehensive method to search and identify 29 its contents, including the text of the Constitution 30 and statutes of the State of Iowa. 31 (1) An electronic version may include search and 32 retrieval programming, analysis of titles and chapters, 33 and an index and a summary index. 34 (2) A print version shall include an analysis of 35 titles and chapters, and may include an index and a 36 summary index. 37 6. The Iowa Code may include all of the following: 38 a. A preface. 39 b. A description of citations to statutes. 40 c. Abbreviations to other publications which may be 41 referred to in the Iowa Code. 42 d. Appropriate historical references or source 43 notes. 44 e. An analysis of the Code by titles and chapters. 45 f. Other reference materials as determined by the 46 Iowa Code editor in accordance with any policies of the 47 legislative council. 48 7. A Code Supplement shall include all of the 49 following: 50 -11- HF2473.4455 (2) 85 tm/rj 11/ 28
a. The text of statutes of Iowa of a general 1 and permanent nature that were enacted during the 2 preceding regular or special session, except as 3 provided in subsection 3 ; an indication of all sections 4 repealed during that session; and any amendments to 5 the Constitution of the State of Iowa approved by the 6 voters since the adjournment of the previous regular 7 session of the general assembly. 8 b. A chapter title and number for each chapter or 9 part of a chapter included. 10 c. A comprehensive method to search and identify 11 its contents, including the text of statutes and the 12 Constitution of the State of Iowa. 13 (1) An electronic version may include search and 14 retrieval programming and an index and a summary index. 15 (2) A print version may include an index and a 16 summary index. 17 8. 7. The Iowa Code or Code Supplement may include 18 appropriate tables showing the disposition of Acts of 19 the general assembly, the corresponding sections from 20 edition to edition of an Iowa Code or Code Supplement , 21 and other reference material as determined by the 22 Iowa Code editor in accordance with policies of the 23 legislative council. 24 8. In lieu of or in addition to publishing an 25 annual edition of the Iowa Code, the legislative 26 services agency, in accordance with the policies of 27 the legislative council, may publish a supplement to 28 the Iowa Code, as necessary or desirable, in a manner 29 similar to the publication of an annual edition of the 30 Iowa Code. 31 Sec. 40. Section 2B.13, subsection 1, unnumbered 32 paragraph 1, Code 2014, is amended to read as follows: 33 The Iowa Code editor in preparing the copy for an 34 edition of the Iowa Code or Code Supplement shall not 35 alter the sense, meaning, or effect of any Act of the 36 general assembly, but may: 37 Sec. 41. Section 2B.13, subsection 1, paragraph f, 38 Code 2014, is amended to read as follows: 39 f. Transfer, divide, or combine sections or parts 40 of sections and add or amend revise headnotes to 41 sections and subsections section subunits . Pursuant to 42 section 3.3 , the headnotes are not part of the law. 43 Sec. 42. Section 2B.13, subsection 3, paragraph a, 44 Code 2014, is amended to read as follows: 45 a. The Iowa Code editor may, in preparing the copy 46 for an edition of the Iowa Code or Code Supplement , 47 establish standards for and change capitalization, 48 spelling, and punctuation in any provision for purposes 49 of uniformity and consistency in language. 50 -12- HF2473.4455 (2) 85 tm/rj 12/ 28
Sec. 43. Section 2B.13, subsection 4, paragraph a, 1 Code 2014, is amended to read as follows: 2 a. The Iowa Code editor shall seek direction 3 from the senate committee on judiciary and the house 4 committee on judiciary when making Iowa Code or Code 5 Supplement changes. 6 Sec. 44. Section 2B.13, subsection 5, Code 2014, is 7 amended to read as follows: 8 5. The Iowa Code editor may prepare and publish 9 comments deemed necessary for a proper explanation 10 of the manner of printing publishing a section or 11 chapter of the Iowa Code or Code Supplement . The Iowa 12 Code editor shall maintain a record of all of the 13 corrections made under subsection 1 . The Iowa Code 14 editor shall also maintain a separate record of the 15 changes made under subsection 1 , paragraphs “b” through 16 “h” . The records shall be available to the public. 17 Sec. 45. Section 2B.13, subsection 7, paragraph a, 18 Code 2014, is amended to read as follows: 19 a. The effective date of an edition of the Iowa 20 Code or of a supplement to the Iowa Code Supplement 21 or an edition of the Iowa administrative code is its 22 publication date. A publication date is the date the 23 publication is conclusively presumed to be complete, 24 incorporating all revisions or editorial changes. 25 Sec. 46. Section 2B.13, subsection 7, paragraph 26 b, subparagraph (1), Code 2014, is amended to read as 27 follows: 28 (1) For the Iowa Code or a supplement to the 29 Iowa Code Supplement , the publication date is the 30 first day of the next regular session of the general 31 assembly convened pursuant to Article III, section 2, 32 of the Constitution of the State of Iowa. However, 33 the legislative services agency may establish an 34 alternative publication date, which may be the date 35 that the publication is first available to the public 36 accessing the general assembly’s internet site. The 37 legislative services agency shall provide notice of 38 such an alternative publication date on the general 39 assembly’s internet site. 40 Sec. 47. Section 2B.17, subsection 2, paragraph b, 41 Code 2014, is amended to read as follows: 42 b. For statutes, the official versions of 43 publications shall be known as the Iowa Acts, the Iowa 44 Code, and the Code Supplement for supplements for the 45 years 1979 through 2011 . 46 Sec. 48. Section 2B.17, subsection 4, paragraph c, 47 Code 2014, is amended to read as follows: 48 c. The Iowa Code shall be cited as the Iowa 49 Code. The Code Supplement Supplements to the Iowa 50 -13- HF2473.4455 (2) 85 tm/rj 13/ 28
Code published for the years 1979 through 2011 shall 1 be cited as the Code Supplement. Subject to the 2 legislative services agency style manual, the Iowa Code 3 may be cited as the Code of Iowa or Code and the Code 4 Supplement may be cited as the Iowa Code Supplement, 5 with references identifying parts of the publication, 6 including but not limited to title or chapter, section, 7 or subunit of a section. If the citation refers to a 8 past edition of the Iowa Code or Code Supplement, the 9 citation shall identify the year of publication. The 10 legislative services agency style manual shall provide 11 for a citation form for any supplements to the Iowa 12 Code published after the year 2013. 13 Sec. 49. Section 2B.18, subsection 1, Code 2014, is 14 amended to read as follows: 15 1. The Iowa Code editor is the custodian of the 16 official legal publications known as the Iowa Acts, 17 Iowa Code, and Code Supplement for supplements to the 18 Iowa Code for the years 1979 through 2011, and for any 19 other supplements to the Iowa Code . The Iowa Code 20 editor may attest to and authenticate any portion 21 of such official legal publication for purposes of 22 admitting a portion of the official legal publication 23 in any court or office of any state, territory, 24 or possession of the United States or in a foreign 25 jurisdiction. 26 Sec. 50. Section 3.1, subsection 1, paragraphs a 27 and b, Code 2014, are amended to read as follows: 28 a. Shall refer to the numbers of the sections or 29 chapters of the Code or Code Supplement to be amended 30 or repealed, but it is not necessary to refer to the 31 sections or chapters in the title. 32 b. Shall refer to the session of the general 33 assembly and the sections and chapters of the Acts to 34 be amended if the bill relates to a section or sections 35 of an Act not appearing in the Code or codified in a 36 supplement to the Code . 37 Sec. 51. Section 3.3, Code 2014, is amended to read 38 as follows: 39 3.3 Headnotes and historical references. 40 1. Proper headnotes may be placed at the beginning 41 of a section of a bill or at the beginning of a Code 42 section , and at the end of a Code section there may 43 be placed a reference to the section number of the 44 Code, or any Iowa Act from which the matter of the Code 45 section was taken or Code section subunit . However, 46 except as provided for the uniform commercial code 47 pursuant to section 554.1107 , headnotes shall not be 48 considered as part of the law as enacted. 49 2. At the end of a Code section there may be placed 50 -14- HF2473.4455 (2) 85 tm/rj 14/ 28
a reference to the section number of the Code, or any 1 Iowa Act from which the matter of the Code section was 2 taken. Historical references shall not be considered 3 as a part of the law as enacted. 4 DIVISION VI 5 SNOWMOBILES 6 Sec. 52. Section 321G.3, subsection 1, Code 2014, 7 is amended to read as follows: 8 1. Each snowmobile used by a resident on public 9 land, public ice, or a designated snowmobile trail 10 of this state shall be currently registered in this 11 state pursuant to section 321G.4 . A person resident 12 shall not operate, maintain, or give permission for 13 the operation or maintenance of a snowmobile on public 14 land, public ice, or a designated snowmobile trail 15 unless the snowmobile is registered in accordance with 16 this chapter or applicable federal laws or in accordance 17 with an approved numbering system of another state 18 and the evidence of registration is in full force and 19 effect . A The owner of a snowmobile must also be 20 issued obtain a user permit in accordance with this 21 chapter section 321G.4A . 22 Sec. 53. Section 321G.4, subsections 2 and 4, Code 23 2014, are amended to read as follows: 24 2. The owner of the snowmobile shall file an 25 application for registration with the department 26 through the county recorder of the county of residence , 27 or in the case of a nonresident owner, in the county 28 of primary use, in the manner established by the 29 commission. The application shall be completed by the 30 owner and shall be accompanied by a fee of fifteen 31 dollars and a writing fee as provided in section 32 321G.27 . A snowmobile shall not be registered by the 33 county recorder until the county recorder is presented 34 with receipts, bills of sale, or other satisfactory 35 evidence that the sales or use tax has been paid for 36 the purchase of the snowmobile or that the owner is 37 exempt from paying the tax. A snowmobile that has an 38 expired registration certificate from another state may 39 be registered in this state upon proper application, 40 payment of all applicable registration and writing 41 fees, and payment of a penalty of five dollars. 42 4. Notwithstanding subsections 1 and 2 , a 43 snowmobile that is more than thirty years old 44 manufactured prior to 1984 may be registered as an 45 antique snowmobile for a one-time fee of twenty-five 46 dollars, which shall exempt the owner from annual 47 registration and fee requirements for that snowmobile. 48 However, if ownership of such a an antique snowmobile 49 is transferred, the new owner shall register the 50 -15- HF2473.4455 (2) 85 tm/rj 15/ 28
snowmobile and pay the one-time fee as required under 1 this subsection . A snowmobile may be registered 2 under this section with only a signed bill of sale as 3 evidence of ownership. 4 Sec. 54. NEW SECTION . 321G.4B Nonresident 5 requirements —— penalties. 6 1. A nonresident wishing to operate a snowmobile 7 on public land, public ice, or a designated snowmobile 8 trail of this state shall obtain a user permit in 9 accordance with section 321G.4A. In addition to 10 obtaining a user permit, a nonresident shall display 11 a current registration decal or other evidence of 12 registration or numbering required by the owner’s state 13 of residence unless the owner resides in a state that 14 does not register or number snowmobiles. 15 2. A violation of subsection 1 is punishable as a 16 scheduled violation under section 805.8B, subsection 17 2, paragraph “a” . When the scheduled fine is paid, the 18 violator shall submit proof to the department that a 19 user permit has been obtained and provide evidence of 20 registration or numbering as required by the owner’s 21 state of residence, if applicable, to the department 22 within thirty days of the date the fine is paid. A 23 person who violates this section is guilty of a simple 24 misdemeanor. 25 Sec. 55. Section 321G.20, Code 2014, is amended by 26 striking the section and inserting in lieu thereof the 27 following: 28 321G.20 Operation by persons under sixteen. 29 A person under sixteen years of age shall not 30 operate a snowmobile on a designated snowmobile 31 trail, public land, or public ice unless the operation 32 is under the direct supervision of a parent, legal 33 guardian, or another person of at least eighteen years 34 of age authorized by the parent or guardian, who is 35 experienced in snowmobile operation and who possesses a 36 valid driver’s license, as defined in section 321.1, or 37 an education certificate issued under this chapter. 38 Sec. 56. Section 321G.24, subsection 1, Code 2014, 39 is amended to read as follows: 40 1. A person under eighteen twelve through seventeen 41 years of age shall not operate a snowmobile on public 42 land, public ice, a designated snowmobile trail, or 43 land purchased with snowmobile registration funds 44 in this state without obtaining a valid an education 45 certificate approved by the department and having 46 the certificate in the person’s possession, unless 47 the person is accompanied on the same snowmobile by 48 a responsible person of at least eighteen years of 49 age who is experienced in snowmobile operation and 50 -16- HF2473.4455 (2) 85 tm/rj 16/ 28
possesses a valid driver’s license, as defined in 1 section 321.1 , or an education certificate issued under 2 this chapter . 3 Sec. 57. Section 805.8B, subsection 2, paragraph a, 4 Code 2014, is amended to read as follows: 5 a. For registration or user permit violations under 6 section 321G.3, subsection 1 , or section 321G.4B, the 7 scheduled fine is fifty dollars. 8 DIVISION VII 9 INCOME TAX CHECKOFFS 10 Sec. 58. NEW SECTION . 422.12D Income tax checkoff 11 for the Iowa state fair foundation fund. 12 1. A person who files an individual or a joint 13 income tax return with the department of revenue under 14 section 422.13 may designate one dollar or more to be 15 paid to the foundation fund of the Iowa state fair 16 foundation as established in section 173.22 . If the 17 refund due on the return or the payment remitted with 18 the return is insufficient to pay the amount designated 19 by the taxpayer to the foundation fund, the amount 20 designated shall be reduced to the remaining amount 21 of the refund or the remaining amount remitted with 22 the return. The designation of a contribution to the 23 foundation fund under this section is irrevocable. 24 2. The director of revenue shall draft the income 25 tax form to allow the designation of contributions to 26 the foundation fund on the tax return. The department, 27 on or before January 31, shall transfer the total 28 amount designated on the tax form due in the preceding 29 year to the foundation fund. However, before a 30 checkoff pursuant to this section shall be permitted, 31 all liabilities on the books of the department of 32 administrative services and accounts identified 33 as owing under section 8A.504 and the political 34 contribution allowed under section 68A.601 shall be 35 satisfied. 36 3. The Iowa state fair board may authorize payment 37 from the foundation fund for purposes of supporting 38 foundation activities. 39 4. The department of revenue shall adopt rules to 40 implement this section . 41 5. This section is subject to repeal under section 42 422.12E. 43 Sec. 59. NEW SECTION . 422.12L Joint income tax 44 checkoff for veterans trust fund and volunteer fire 45 fighter preparedness fund. 46 1. A person who files an individual or a joint 47 income tax return with the department of revenue under 48 section 422.13 may designate one dollar or more to 49 be paid jointly to the veterans trust fund created 50 -17- HF2473.4455 (2) 85 tm/rj 17/ 28
in section 35A.13 and to the volunteer fire fighter 1 preparedness fund created in section 100B.13 . If the 2 refund due on the return or the payment remitted with 3 the return is insufficient to pay the additional amount 4 designated by the taxpayer, the amount designated 5 shall be reduced to the remaining amount of refund or 6 the remaining amount remitted with the return. The 7 designation of a contribution under this section is 8 irrevocable. 9 2. The director of revenue shall draft the income 10 tax form to allow the designation of contributions 11 to the veterans trust fund and to the volunteer fire 12 fighter preparedness fund as one checkoff on the 13 tax return. The department of revenue, on or before 14 January 31, shall transfer one-half of the total 15 amount designated on the tax return forms due in the 16 preceding calendar year to the veterans trust fund and 17 the remaining one-half to the volunteer fire fighter 18 preparedness fund. However, before a checkoff pursuant 19 to this section shall be permitted, all liabilities on 20 the books of the department of administrative services 21 and accounts identified as owing under section 8A.504 22 and the political contribution allowed under section 23 68A.601 shall be satisfied. 24 3. The department of revenue shall adopt rules to 25 administer this section . 26 4. This section is subject to repeal under section 27 422.12E . 28 Sec. 60. REPEAL. Sections 422.12D and 422.12L, 29 Code 2014, are repealed. 30 Sec. 61. RETROACTIVE APPLICABILITY. This division 31 of this Act applies retroactively to January 1, 2014, 32 for tax years beginning on or after that date. 33 DIVISION VIII 34 COUNTY RECORDERS 35 Sec. 62. Section 321G.1, Code 2014, is amended by 36 adding the following new subsection: 37 NEW SUBSECTION . 9A. “Document” means a snowmobile 38 certificate of title, registration certificate or 39 registration renewal, user permit, or duplicate 40 special registration certificate issued by the county 41 recorder’s office. 42 Sec. 63. Section 321G.29, subsection 7, Code 2014, 43 is amended to read as follows: 44 7. The county recorder shall maintain a an 45 electronic record of any certificate of title which the 46 county recorder issues and shall keep each certificate 47 of title on record until the certificate of title has 48 been inactive for five years. When issuing a title 49 for a new snowmobile, the county recorder shall obtain 50 -18- HF2473.4455 (2) 85 tm/rj 18/ 28
and keep the certificate of origin on file a copy of 1 the certificate of origin . When issuing a title and 2 registration for a used snowmobile for which there 3 is no title or registration, the county recorder 4 shall obtain and keep on file the affidavit for the 5 unregistered and untitled snowmobile. 6 Sec. 64. Section 321G.32, subsection 1, paragraph 7 a, Code 2014, is amended to read as follows: 8 a. To perfect the security interest, an application 9 for security interest must be presented along with 10 the original title. The county recorder shall note 11 the security interest on the face of the title and on 12 in the copy in electronic record maintained by the 13 recorder’s office. 14 Sec. 65. Section 321I.1, Code 2014, is amended by 15 adding the following new subsection: 16 NEW SUBSECTION . 10A. “Document” means an 17 all-terrain vehicle certificate of title, vehicle 18 registration or registration renewal, user permit, or 19 duplicate special registration certificate issued by 20 the county recorder’s office. 21 Sec. 66. Section 321I.31, subsection 7, Code 2014, 22 is amended to read as follows: 23 7. The county recorder shall maintain a an 24 electronic record of any certificate of title which the 25 county recorder issues and shall keep each certificate 26 of title on record until the certificate of title has 27 been inactive for five years. When issuing a title for 28 a new all-terrain vehicle, the county recorder shall 29 obtain and keep the certificate of origin on file a 30 copy of the certificate of origin . When issuing a 31 title and registration for a used all-terrain vehicle 32 for which there is no title or registration, the county 33 recorder shall obtain and keep on file the affidavit 34 for the unregistered and untitled all-terrain vehicle. 35 Sec. 67. Section 321I.34, subsection 1, paragraph 36 a, Code 2014, is amended to read as follows: 37 a. To perfect the security interest, an application 38 for security interest must be presented along with 39 the original title. The county recorder shall note 40 the security interest on the face of the title and on 41 in the copy in electronic record maintained by the 42 recorder’s office. 43 Sec. 68. Section 331.602, subsection 39, Code 2014, 44 is amended to read as follows: 45 39. Accept applications for passports if approved 46 to accept such applications by the United States 47 department of state . 48 Sec. 69. Section 359A.10, Code 2014, is amended to 49 read as follows: 50 -19- HF2473.4455 (2) 85 tm/rj 19/ 28
359A.10 Entry and record of orders. 1 Such orders, decisions, notices, and returns shall 2 be entered of record at length by the township clerk, 3 and a copy thereof certified by the township clerk to 4 the county recorder, who shall record the same in the 5 recorder’s office in a book kept for that purpose the 6 manner specified in sections 558.49 and 558.52 , and 7 index such record in the name of each adjoining owner 8 as grantor to the other. The county recorder shall 9 collect fees specified in section 331.604 . 10 Sec. 70. Section 462A.5, subsection 1, paragraph a, 11 Code 2014, is amended to read as follows: 12 a. The owner of the vessel shall file an 13 application for registration with the appropriate 14 county recorder on forms provided by the commission. 15 The application shall be completed and signed by the 16 owner of the vessel and shall be accompanied by the 17 appropriate fee, and the writing fee specified in 18 section 462A.53 . Upon applying for registration, the 19 owner shall display a bill of sale, receipt, or other 20 satisfactory proof of ownership as provided by the 21 rules of the commission to the county recorder. If the 22 county recorder is not satisfied as to the ownership 23 of the vessel or that there are no undisclosed 24 security interests in the vessel, the county recorder 25 may register the vessel but shall, as a condition 26 of issuing a registration certificate, require the 27 applicant to follow the procedure provided in section 28 462A.5A . Upon receipt of the application in approved 29 form accompanied by the required fees, the county 30 recorder shall enter it upon the records of the 31 recorder’s office and shall issue to the applicant a 32 pocket-size registration certificate. The certificate 33 shall be executed in triplicate, one copy to be and 34 delivered to the owner , one copy to the commission, and 35 one copy to be retained on file by the county recorder . 36 The county recorder shall maintain an electronic 37 record of each registration certificate issued by the 38 county recorder under this chapter. The registration 39 certificate shall bear the number awarded to the 40 vessel, the passenger capacity of the vessel, and the 41 name and address of the owner. In the use of all 42 vessels except nonpowered sailboats, nonpowered canoes, 43 and commercial vessels, the registration certificate 44 shall be carried either in the vessel or on the person 45 of the operator of the vessel when in use. In the 46 use of nonpowered sailboats, nonpowered canoes, or 47 commercial vessels, the registration certificate may be 48 kept on shore in accordance with rules adopted by the 49 commission. The operator shall exhibit the certificate 50 -20- HF2473.4455 (2) 85 tm/rj 20/ 28
to a peace officer upon request or, when involved in an 1 occurrence of any nature with another vessel or other 2 personal property, to the owner or operator of the 3 other vessel or personal property. 4 Sec. 71. Section 462A.77, subsection 7, Code 2014, 5 is amended to read as follows: 6 7. The county recorder shall maintain a an 7 electronic record of any each certificate of title 8 which issued by the county recorder issues and shall 9 keep each certificate of title on record under this 10 chapter until the certificate of title has been 11 inactive for five years. 12 Sec. 72. Section 462A.84, subsection 1, paragraph 13 a, Code 2014, is amended to read as follows: 14 a. To perfect the security interest, an application 15 for security interest must be presented along with 16 the original title. The county recorder shall note 17 the security interest on the face of the title and on 18 in the copy in electronic record maintained by the 19 recorder’s office. 20 DIVISION IX 21 FOSTER CARE 22 Sec. 73. Section 232.46, subsection 1, Code 2014, 23 is amended to read as follows: 24 1. a. At any time after the filing of a petition 25 and prior to entry of an order of adjudication 26 pursuant to section 232.47 , the court may suspend the 27 proceedings on motion of the county attorney or the 28 child’s counsel, enter a consent decree, and continue 29 the case under terms and conditions established by 30 the court. These terms and conditions may include 31 prohibiting a any of the following: 32 (1) Prohibiting the child from driving a motor 33 vehicle for a specified period of time or under 34 specific circumstances , or the supervision . The court 35 shall notify the department of transportation of an 36 order prohibiting the child from driving. 37 (2) Supervision of the child by a juvenile court 38 officer or other agency or person designated by the 39 court , and may include the requirement that the child 40 perform . 41 (3) The performance of a work assignment of 42 value to the state or to the public or make making 43 restitution consisting of a monetary payment to the 44 victim or a work assignment directly of value to the 45 victim. The court shall notify the state department of 46 transportation of an order prohibiting the child from 47 driving. 48 (4) Placement of the child in a group or family 49 foster care setting, if the court makes a determination 50 -21- HF2473.4455 (2) 85 tm/rj 21/ 28
that such a placement is the least restrictive option. 1 b. A child’s need for shelter placement or for 2 inpatient mental health or substance abuse treatment 3 does not preclude entry or continued execution of a 4 consent decree. 5 Sec. 74. Section 234.35, subsection 1, paragraph e, 6 Code 2014, is amended to read as follows: 7 e. When a court has entered an order transferring 8 the legal custody of the child to a foster care 9 placement pursuant to section 232.46, section 232.52, 10 subsection 2 , paragraph “d” , or section 232.102, 11 subsection 1 . However, payment for a group foster 12 care placement shall be limited to those placements 13 which conform to a service area group foster care plan 14 established pursuant to section 232.143 . 15 DIVISION X 16 SOLAR TAX CREDITS 17 Sec. 75. 2014 Iowa Acts, Senate File 2340, if 18 enacted, is amended by adding the following new 19 section: 20 Sec. ___. Section 422.33, subsection 29, paragraph 21 a, Code 2014, is amended to read as follows: 22 a. The taxes imposed under this division shall 23 be reduced by a solar energy system tax credit equal 24 to fifty sixty percent of the federal energy credit 25 related to solar energy systems provided in section 48 26 48(a)(2)(A)(i)(II) and section 48(a)(2)(A)(i)(III) of 27 the Internal Revenue Code, not to exceed fifteen twenty 28 thousand dollars. 29 Sec. 76. Section 422.11L, subsection 1, paragraphs 30 a and b, as amended by 2014 Iowa Acts, Senate File 31 2340, section 1, if enacted, is amended to read as 32 follows: 33 a. Sixty percent of the federal residential energy 34 efficient property credit related to solar energy 35 provided in section 25D 25E(a)(1) and section 25D(a)(2) 36 of the Internal Revenue Code, not to exceed five 37 thousand dollars. 38 b. Sixty percent of the federal energy credit 39 related to solar energy systems provided in section 40 48 48(a)(2)(A)(i)(II) and section 48(a)(2)(A)(i)(III) 41 of the Internal Revenue Code, not to exceed twenty 42 thousand dollars. 43 Sec. 77. Section 422.60, subsection 12, paragraph 44 a, as enacted by 2014 Iowa Acts, House File 2438, 45 section 27, is amended to read as follows: 46 a. The taxes imposed under this division shall 47 be reduced by a solar energy system tax credit equal 48 to fifty sixty percent of the federal energy credit 49 related to solar energy systems provided in section 48 50 -22- HF2473.4455 (2) 85 tm/rj 22/ 28
48(a)(2)(A)(i)(II) and section 48(a)(2)(A)(i)(III) of 1 the Internal Revenue Code, not to exceed fifteen twenty 2 thousand dollars. 3 Sec. 78. 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 amending section 422.33, subsection 8 29, paragraph “a”. 9 2. The section amending section 422.11L, subsection 10 1, paragraphs “a” and “b”. 11 3. The section amending section 422.60, subsection 12 12, paragraph “a”. 13 Sec. 79. RETROACTIVE APPLICABILITY. The following 14 provision or provisions of this division of this Act 15 apply retroactively to January 1, 2014, for tax years 16 beginning on or after that date: 17 1. The section of this Act amending section 422.33, 18 subsection 29, paragraph “a”. 19 2. The section of this Act amending section 20 422.11L, subsection 1, paragraphs “a” and “b”. 21 3. The section of this Act amending section 422.60, 22 subsection 12, paragraph “a”. 23 DIVISION XI 24 ACCOUNT FOR HEALTH CARE TRANSFORMATION 25 Sec. 80. ACCOUNT FOR HEALTH CARE TRANSFORMATION 26 —— FY 2013-2014. As of December 31, 2013, any funds 27 remaining in the account for health care transformation 28 created in section 249J.23, Code 2013, shall revert to 29 the general fund of the state. 30 Sec. 81. IOWACARE ACCOUNT. Until June 30, 2015, 31 any funds remaining in the IowaCare account created in 32 section 249J.24, Code 2013, shall remain available and 33 are appropriated to the department of human services 34 for the payment of valid claims. 35 Sec. 82. IMMEDIATE EFFECTIVE DATE. This division 36 of this Act, being deemed of immediate importance, 37 takes effect upon enactment. 38 Sec. 83. RETROACTIVE APPLICABILITY. The 39 following sections of this division of this Act apply 40 retroactively to July 1, 2013: 41 1. The section relating to the reversion of funds 42 remaining in the account for health care transformation 43 to the general fund of the state. 44 2. The section relating to availability and 45 appropriation of the funds remaining in the IowaCare 46 account. 47 DIVISION XII 48 FLOOD MITIGATION 49 Sec. 84. Section 28F.12, Code 2014, is amended to 50 -23- HF2473.4455 (2) 85 tm/rj 23/ 28
read as follows: 1 28F.12 Additional powers of the entity. 2 If the entity is comprised solely of cities, 3 counties, and sanitary districts established under 4 chapter 358 or any combination thereof, the entity 5 shall have in addition to all the powers enumerated 6 in this chapter , the powers which a county has with 7 respect to solid waste disposal projects and the powers 8 which a governmental entity established under chapter 9 418 has with respect to projects undertaken under 10 chapter 418 . 11 Sec. 85. Section 418.1, subsection 4, paragraph c, 12 unnumbered paragraph 1, Code 2014, is amended to read 13 as follows: 14 A joint board or other legal or administrative 15 entity established or designated in an agreement 16 pursuant to chapter 28E or chapter 28F between any of 17 the following: 18 Sec. 86. Section 418.1, subsection 4, paragraph 19 c, Code 2014, is amended by adding the following new 20 subparagraph: 21 NEW SUBPARAGRAPH . (4) One or more counties, one or 22 more cities that are located in whole or in part within 23 those counties, and a sanitary district established 24 under chapter 358 or a combined water and sanitary 25 district established under chapter 357 or 358 located 26 in whole or in part within those counties. 27 Sec. 87. Section 418.11, subsection 3, paragraph c, 28 Code 2014, is amended to read as follows: 29 c. For projects approved for a governmental entity 30 as defined in section 418.1, subsection 4 , paragraph 31 “c” , the area used to determine the sales tax increment 32 shall include the incorporated areas of each city that 33 is participating in the chapter 28E agreement, the 34 unincorporated areas of the each participating county, 35 and the area of any participating drainage district not 36 otherwise included in the areas of the participating 37 cities or county, and the area of any participating 38 sanitary district or combined water and sanitary 39 district not otherwise included in the areas of the 40 participating cities or county, as applicable. 41 Sec. 88. Section 418.12, subsection 5, Code 2014, 42 is amended to read as follows: 43 5. If the department of revenue determines that 44 the revenue accruing to the fund or accounts within 45 the fund exceeds thirty million dollars or exceeds 46 the amount necessary for the purposes of this chapter 47 if the amount necessary is less than thirty million 48 dollars, then , as limited by subsection 4, paragraph 49 “a” , those excess moneys shall be credited by the 50 -24- HF2473.4455 (2) 85 tm/rj 24/ 28
department of revenue for deposit in the general fund 1 of the state. 2 Sec. 89. Section 418.14, subsection 3, paragraph a, 3 Code 2014, is amended to read as follows: 4 a. Except as otherwise provided in this section , 5 bonds issued pursuant to this section shall not be 6 subject to the provisions of any other law or charter 7 relating to the authorization, issuance, or sale of 8 bonds. Bonds issued under this section shall not limit 9 or restrict the authority of a governmental entity as 10 defined in section 418.1, subsection 4 , paragraphs 11 “a” and “b” , or a city, county, or drainage special 12 district participating in a governmental entity as 13 defined in section 418.1, subsection 4 , paragraph “c” , 14 to issue bonds for the project under other provisions 15 of the Code. 16 Sec. 90. Section 418.15, subsection 4, Code 2014, 17 is amended to read as follows: 18 4. All property and improvements acquired by 19 a governmental entity as defined in section 418.1, 20 subsection 4 , paragraph “c” , relating to a project 21 shall be transferred to the county, city, or drainage 22 special district designated in the chapter 28E 23 agreement to receive such property and improvements. 24 The county, city, or drainage special district to which 25 such property or improvements are transferred shall, 26 unless otherwise provided in the chapter 28E agreement, 27 be solely responsible for the ongoing maintenance and 28 support of such property and improvements. 29 Sec. 91. EFFECTIVE UPON ENACTMENT. This division 30 of this Act, being deemed of immediate importance, 31 takes effect upon enactment. 32 DIVISION XIII 33 DENTAL COVERAGE —— EXTERNAL REVIEW 34 Sec. 92. EXTERNAL REVIEW —— REPEAL. The sections 35 of 2014 Iowa Acts, House File 2463, included in 36 the division of the Act amending sections 514J.102 37 and 514J.103, and providing the directive to review 38 the bases used for external review of adverse 39 determinations, if enacted, are repealed. 40 Sec. 93. Section 514J.102, subsection 1, Code 2014, 41 is amended to read as follows: 42 1. “Adverse determination” means a determination 43 by a health carrier , except a health carrier issuing 44 a policy or certificate that provides coverage for 45 dental care, that an admission, availability of care, 46 continued stay, or other health care service that 47 is a covered benefit has been reviewed and, based 48 upon the information provided, does not meet the 49 health carrier’s requirements for medical necessity, 50 -25- HF2473.4455 (2) 85 tm/rj 25/ 28
appropriateness, health care setting, level of care, 1 or effectiveness, and the requested service or payment 2 for the service is therefore denied, reduced, or 3 terminated. “Adverse determination” does not include 4 a denial of coverage for a service or treatment 5 specifically listed in plan or evidence of coverage 6 documents as excluded from coverage. For purposes 7 of a health carrier issuing a policy or certificate 8 that provides coverage for dental care, “adverse 9 determination” means a determination by the health 10 carrier that availability of care or other health care 11 service that is a covered benefit has been reviewed 12 and, based upon the information provided, does not 13 meet the health carrier’s requirements for medical 14 necessity and the requested service or payment for the 15 service is therefore denied, reduced, or terminated. 16 For purposes of a health carrier issuing a policy or 17 certificate that provides coverage for dental care, 18 medical necessity shall be the only basis upon which a 19 health carrier may deny payment for dental care that 20 is otherwise a covered benefit under the policy or 21 certificate. 22 DIVISION XIV 23 EMPLOYMENT RIDES 24 Sec. 94. NEW SECTION . 324A.8 Iowa employment rides 25 initiative —— grant program. 26 1. As used in this section, unless the context 27 otherwise requires, “employment transportation” means 28 an urban or rural program or service that provides 29 an individual with transportation solely to or from a 30 workplace, including but not limited to the following 31 programs and services: 32 a. Expanding or sustaining existing transportation 33 services or service hours. 34 b. Coordinating ride share services, including car 35 pool or van pool services. 36 c. Shuttle services. 37 2. The Iowa employment rides initiative is 38 established in the department to provide funds to 39 public transit systems for programs and services that 40 provide employment transportation to Iowans. 41 3. The department shall award funds from the 42 initiative on a competitive grant basis. A grant shall 43 not exceed one hundred fifty thousand dollars. A grant 44 application shall contain a commitment from the public 45 transit system of at least a dollar-for-dollar match of 46 the grant funds awarded. Moneys charged to individuals 47 receiving employment transportation services cannot 48 be used as matching funds. Grant funds shall be used 49 only for operational costs directly associated with 50 -26- HF2473.4455 (2) 85 tm/rj 26/ 28
providing employment transportation and shall not be 1 used for capital expenditures or construction. 2 4. A public transit system may coordinate 3 with other local, state, or federal governmental 4 agencies and private nonprofit organizations in the 5 administration of a program or service receiving a 6 grant under the initiative and in expenditure of grant 7 funds. 8 5. The department shall submit an annual report on 9 the outcomes of the initiative, including the grant 10 amount, the type of program or service receiving funds, 11 and the number of individuals served for each grant 12 awarded by the initiative to the general assembly by 13 January 1 each year. As a condition of having received 14 a grant from the initiative, a public transit system 15 shall provide the department with information on any 16 program or service for which the public transit system 17 is awarded a grant from the initiative. 18 6. The department shall adopt rules to administer 19 the initiative, including but not limited to an 20 application process and grant award criteria. 21 Sec. 95. EMPLOYMENT RIDES —— APPROPRIATION. There 22 is appropriated from the general fund of the state to 23 the department of transportation for the fiscal year 24 beginning July 1, 2014, and ending June 30, 2015, the 25 following amount, or so much thereof as is necessary, 26 to be used for the purposes designated: 27 For grants under the Iowa employment rides 28 initiative: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 30 Notwithstanding section 8.33, moneys appropriated in 31 this section that remain unencumbered or unobligated 32 at the close of the fiscal year shall not revert but 33 shall remain available for expenditure for the purposes 34 designated until the close of the succeeding fiscal 35 year. 36 DIVISION XV 37 STATE PERCENT OF GROWTH 38 Sec. 96. Section 257.8, subsection 1, Code 2014, is 39 amended to read as follows: 40 1. State percent of growth. The state percent of 41 growth for the budget year beginning July 1, 2012, 42 is two percent. The state percent of growth for the 43 budget year beginning July 1, 2013, is two percent. 44 The state percent of growth for the budget year 45 beginning July 1, 2014, is four percent. The state 46 percent of growth for the budget year beginning July 47 1, 2015, is six percent. The state percent of growth 48 for each subsequent budget year shall be established 49 by statute which shall be enacted within thirty days 50 -27- HF2473.4455 (2) 85 tm/rj 27/ 28
of the submission in the year preceding the base year 1 of the governor’s budget under section 8.21 . The 2 establishment of the state percent of growth for a 3 budget year shall be the only subject matter of the 4 bill which enacts the state percent of growth for a 5 budget year. 6 Sec. 97. EFFECTIVE UPON ENACTMENT. This division 7 of this Act, being deemed of immediate importance, 8 takes effect upon enactment. 9 DIVISION XVI 10 CATEGORICAL STATE PERCENT OF GROWTH 11 Sec. 98. Section 257.8, subsection 2, Code 2014, is 12 amended to read as follows: 13 2. Categorical state percent of growth. The 14 categorical state percent of growth for the budget 15 year beginning July 1, 2012, is two percent. The 16 categorical state percent of growth for the budget 17 year beginning July 1, 2013, is two percent. The 18 categorical state percent of growth for the budget 19 year beginning July 1, 2014, is four percent. The 20 categorical state percent of growth for the budget 21 year beginning July 1, 2015, is six percent. The 22 categorical state percent of growth for each budget 23 year shall be established by statute which shall 24 be enacted within thirty days of the submission in 25 the year preceding the base year of the governor’s 26 budget under section 8.21 . The establishment of the 27 categorical state percent of growth for a budget year 28 shall be the only subject matter of the bill which 29 enacts the categorical state percent of growth for a 30 budget year. The categorical state percent of growth 31 may include state percents of growth for the teacher 32 salary supplement, the professional development 33 supplement, the early intervention supplement, and the 34 teacher leadership supplement. 35 Sec. 99. EFFECTIVE UPON ENACTMENT. This division 36 of this Act, being deemed of immediate importance, 37 takes effect upon enactment. > 38 2. Title page, by striking lines 1 through 3 39 and inserting < An Act relating to state and local 40 finances by making appropriations, providing for fees, 41 providing for legal responsibilities, and providing for 42 regulatory requirements, taxation, and other properly 43 related matters, and including penalties and effective 44 date and retroactive applicability provisions. >> 45 ______________________________ COMMITTEE ON APPROPRIATIONS ROBERT E. DVORSKY, CHAIRPERSON -28- HF2473.4455 (2) 85 tm/rj 28/ 28 #2.