House File 2531 - Introduced HOUSE FILE 2531 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 741) A BILL FOR An Act relating to state and local finances by providing for 1 funding of property tax credits and reimbursements, by 2 increasing the maximum allowable local hotel and motel tax 3 rates, by making, increasing, and reducing appropriations, 4 providing for salaries and compensation of state employees, 5 providing for matters relating to tax credits, providing 6 for fees and penalties, and providing for properly related 7 matters, and including effective date and retroactive 8 applicability provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 6264HV (3) 83 tm/jp
H.F. 2531 DIVISION I 1 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2011-2012 2 Section 1. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING 3 —— FY 2011-2012. Notwithstanding section 331.439, subsection 4 3, the allowed growth factor adjustment for county mental 5 health, mental retardation, and developmental disabilities 6 service expenditures for the fiscal year beginning July 7 1, 2011, shall be established by statute which shall be 8 enacted within thirty calendar days of the convening of the 9 Eighty-fourth General Assembly, 2011 Session, on January 10, 10 2011. The governor shall submit to the general assembly a 11 recommendation for such allowed growth factor adjustment and 12 the amounts of related appropriations to the general assembly 13 on or before January 11, 2011. 14 DIVISION II 15 STANDING APPROPRIATIONS 16 AND RELATED MATTERS 17 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2011-2012. 18 1. For the budget process applicable to the fiscal year 19 beginning July 1, 2011, on or before October 1, 2010, in lieu 20 of the information specified in section 8.23, subsection 1, 21 unnumbered paragraph 1, and paragraph “a”, all departments and 22 establishments of the government shall transmit to the director 23 of the department of management, on blanks to be furnished by 24 the director, estimates of their expenditure requirements, 25 including every proposed expenditure, for the ensuing fiscal 26 year, together with supporting data and explanations as called 27 for by the director of the department of management after 28 consultation with the legislative services agency. 29 2. The estimates of expenditure requirements shall be 30 in a form specified by the director of the department of 31 management, and the expenditure requirements shall include all 32 proposed expenditures and shall be prioritized by program or 33 the results to be achieved. The estimates shall be accompanied 34 by performance measures for evaluating the effectiveness of the 35 -1- LSB 6264HV (3) 83 tm/jp 1/ 56
H.F. 2531 programs or results. 1 Sec. 3. GENERAL ASSEMBLY. 2 1. The appropriations made pursuant to section 2.12 for the 3 expenses of the general assembly and legislative agencies for 4 the fiscal year beginning July 1, 2010, and ending June 30, 5 2011, are reduced by the following amount: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,939,790 7 2. The budgeted amounts for the general assembly for the 8 fiscal year beginning July 1, 2010, may be adjusted to reflect 9 unexpended budgeted amounts from the previous fiscal year. 10 Sec. 4. LIMITATION OF STANDING APPROPRIATIONS. 11 Notwithstanding the standing appropriations in the following 12 designated sections for the fiscal year beginning July 1, 2010, 13 and ending June 30, 2011, the amounts appropriated from the 14 general fund of the state pursuant to these sections for the 15 following designated purposes shall not exceed the following 16 amounts: 17 1. For operational support grants and community cultural 18 grants under section 99F.11, subsection 3, paragraph “d”, 19 subparagraph (1): 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 443,300 21 2. For regional tourism marketing under section 99F.11, 22 subsection 3, paragraph “d”, subparagraph (2): 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 862,028 24 3. For the center for congenital and inherited disorders 25 central registry under section 144.13A, subsection 4, paragraph 26 “a”: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 182,044 28 4. For primary and secondary child abuse prevention 29 programs under section 144.13A, subsection 4, paragraph “a”: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 31 5. For programs for at-risk children under section 279.51: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,493,891 33 The amount of any reduction in this subsection shall be 34 prorated among the programs specified in section 279.51, 35 -2- LSB 6264HV (3) 83 tm/jp 2/ 56
H.F. 2531 subsection 1, paragraphs “a”, “b”, and “c”. 1 6. For payment for nonpublic school transportation under 2 section 285.2: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 4 If total approved claims for reimbursement for nonpublic 5 school pupil transportation exceed the amount appropriated in 6 accordance with this subsection, the department of education 7 shall prorate the amount of each approved claim. 8 7. For mental health, mental retardation, and developmental 9 disabilities services property tax relief under section 426B.1, 10 subsection 2, as amended in this division of this Act: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81,199,911 12 8. For the enforcement of chapter 453D relating to tobacco 13 product manufacturers under section 453D.8: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,591 15 9. For the Iowa power fund under section 469.10, subsection 16 1: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,600,000 18 Sec. 5. STATE FOUNDATION AID FOR SCHOOLS —— FY 2010-2011. 19 Notwithstanding the standing appropriation in section 257.16, 20 subsection 1, for state foundation aid for the fiscal year 21 beginning July 1, 2010, and ending June 30, 2011, the amount 22 appropriated from the general fund of the state pursuant to 23 that section for the following designated purpose shall not 24 exceed the following amount: 25 For state foundation aid under section 257.16, subsection 1: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,494,057,875 27 1. Of the amount designated in this section for state 28 foundation aid, $314,894,787 is allocated for the teacher 29 salary supplements, the professional development supplements, 30 and the early intervention supplement in accordance with 31 section 257.10, subsections 9 through 11, and section 257.37A. 32 2. If the remaining balance of the moneys designated in 33 this section, after the allocation made in subsection 1, is 34 less than the amount required to pay the remainder of state 35 -3- LSB 6264HV (3) 83 tm/jp 3/ 56
H.F. 2531 foundation aid pursuant to section 257.16, subsection 1, the 1 difference shall be deducted from the payments to each school 2 district and area education agency in the manner provided in 3 section 257.16, subsection 4. The reduction for area education 4 agencies shall be added to the reduction made pursuant to 5 section 257.35, subsection 5. 6 Sec. 6. INSTRUCTIONAL SUPPORT STATE AID. Notwithstanding 7 the standing appropriation provided under section 257.20, 8 an appropriation from the general fund of the state to the 9 department of education for the fiscal year beginning July 1, 10 2010, and ending June 30, 2011, shall not be made for purposes 11 of paying instructional support state aid. 12 Sec. 7. VETERANS HOME MEDICAL CLINIC. Of moneys received 13 on or after July 1, 2009, by the Iowa veterans home from 14 the federal government relating to the costs to improve and 15 renovate a medical clinic at the home in a previous fiscal 16 year, the first $727,000 shall be credited to the general fund 17 of the state on or after July 1, 2010. 18 Sec. 8. PROPERTY TAX CREDIT FUND —— PAYMENTS IN LIEU OF 19 GENERAL FUND REIMBURSEMENT. 20 1. a. A property tax credit fund shall be created in the 21 office of the treasurer of state to be used for the purposes of 22 this section. 23 b. There is appropriated from the general fund of the state 24 to the property tax credit fund created in paragraph “a” for 25 the fiscal year beginning July 1, 2010, and ending June 30, 26 2011, the sum of $91,256,037. 27 c. Notwithstanding the requirements in section 8.56, 28 subsections 3 and 4, there is appropriated from the cash 29 reserve fund to the property tax credit fund created in 30 paragraph “a” for the fiscal year beginning July 1, 2010, and 31 ending June 30, 2011, the sum of $54,684,481. 32 d. Notwithstanding section 8.33, the surplus existing 33 in the property tax credit fund created pursuant to 2009 34 Iowa Acts, chapter 179, section 9, at the conclusion of the 35 -4- LSB 6264HV (3) 83 tm/jp 4/ 56
H.F. 2531 fiscal year beginning July 1, 2009, and ending June 30, 2010, 1 is transferred to the property tax credit fund created in 2 paragraph “a”. 3 2. In lieu of the appropriations in the following designated 4 sections, for the fiscal year beginning July 1, 2010, and 5 ending June 30, 2011, there is appropriated from the property 6 tax credit fund the following amounts for the following 7 designated purposes: 8 a. For reimbursement for the homestead property tax credit 9 under section 425.1: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87,757,913 11 b. For reimbursement for the family farm and agricultural 12 land tax credits under sections 425A.1 and 426.1: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 14 c. For reimbursement for the military service tax credit 15 under section 426A.1A: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,400,000 17 d. For implementing the elderly and disabled tax credit and 18 reimbursement pursuant to sections 425.16 through 425.39: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,400,000 20 If the director of revenue determines that the amount 21 of claims for credit for property taxes due pursuant to 22 paragraphs “a”, “b”, “c”, and “d”, plus the amount of claims 23 for reimbursement for rent constituting property taxes paid 24 which are to be paid during the fiscal year may exceed the 25 total amount appropriated, the director shall estimate the 26 percentage of the credits and reimbursements which will be 27 funded by the appropriation. The county treasurer shall notify 28 the director of the amount of property tax credits claimed by 29 June 8, 2010. The director shall estimate the percentage of 30 the property tax credits and rent reimbursement claims that 31 will be funded by the appropriation and notify the county 32 treasurer of the percentage estimate by June 15, 2010. The 33 estimated percentage shall be used in computing for each claim 34 the amount of property tax credit and reimbursement for rent 35 -5- LSB 6264HV (3) 83 tm/jp 5/ 56
H.F. 2531 constituting property taxes paid for that fiscal year. If 1 the director overestimates the percentage of funding, claims 2 for reimbursement for rent constituting property taxes paid 3 shall be paid until they can no longer be paid at the estimated 4 percentage of funding. Rent reimbursement claims filed after 5 that point in time shall receive priority and shall be paid in 6 the following fiscal year. 7 Sec. 9. PERFORMANCE OF DUTY. There is appropriated from 8 the cash reserve fund created in section 8.56 to the executive 9 council for the fiscal year beginning July 1, 2010, and ending 10 June 30, 2011, the following amount, or so much thereof as is 11 necessary, to be used for the purposes designated: 12 For performance of duty by the executive council in sections 13 7D.29 and 29C.20: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,583,628 15 The funding from the appropriation made in this section 16 shall be utilized before any funding from the general fund of 17 the state. 18 Sec. 10. CASH RESERVE FUND APPROPRIATION 19 REQUIREMENTS. Section 8.56, subsections 3 and 4, shall 20 not apply to any appropriation made in this division or any 21 other division of this Act from the cash reserve fund created 22 in section 8.56. 23 Sec. 11. CASH RESERVE FUND APPROPRIATION FOR FISCAL YEAR 24 2010-2011. For the fiscal year beginning July 1, 2010, and 25 ending June 30, 2011, the appropriation to the cash reserve 26 fund provided in section 8.57, subsection 1, paragraph “a”, 27 shall not be made. 28 Sec. 12. Section 426B.1, subsections 2 and 3, Code 2009, are 29 amended to read as follows: 30 2. There is appropriated on July 1 of each fiscal year 31 to the property tax relief fund from the general fund of 32 the state, ninety-five eighty-eight million four hundred 33 thousand dollars. 34 3. There is annually appropriated from the property tax 35 -6- LSB 6264HV (3) 83 tm/jp 6/ 56
H.F. 2531 relief fund to the department of human services to supplement 1 the medical assistance appropriation for the fiscal year 2 beginning July 1, 1997, and for succeeding fiscal years, 3 six million six hundred thousand dollars to be used for the 4 nonfederal share of the costs of services provided to minors 5 with mental retardation under the medical assistance program 6 to meet the requirements of section 249A.12, subsection 4 . 7 The appropriation in this subsection shall be charged to the 8 property tax relief fund prior to the distribution of moneys 9 from the fund under section 426B.2 and the amount of moneys 10 available for distribution shall be reduced accordingly. 11 However, the appropriation in this subsection shall be 12 considered to be a property tax relief payment for purposes 13 of the combined amount of payments required to achieve fifty 14 percent of the counties’ base year expenditures as provided in 15 section 426B.2, subsection 2 . 16 CASH RESERVE FUND —— PERFORMANCE OF DUTY 17 Sec. 13. 2009 Iowa Acts, chapter 179, section 10, is amended 18 by adding the following new unnumbered paragraph: 19 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 8.33, 20 moneys appropriated in this section that remain unencumbered or 21 unobligated at the close of the fiscal year shall not revert 22 but shall remain available for expenditure for the purposes 23 designated until the close of the succeeding fiscal year. 24 Sec. 14. EFFECTIVE DATES AND RETROACTIVE APPLICABILITY. 25 1. The section of this division of this Act providing for 26 crediting of certain moneys received by the Iowa veterans home 27 to the general fund of the state, being deemed of immediate 28 importance, takes effect upon enactment and is retroactively 29 applicable to July 1, 2009, and is applicable on and after that 30 date. 31 2. The section of this division of this Act creating the 32 property tax credit fund, being deemed of immediate importance, 33 takes effect upon enactment. 34 3. The section of this division of this Act amending 2009 35 -7- LSB 6264HV (3) 83 tm/jp 7/ 56
H.F. 2531 Iowa Acts, chapter 179, section 10, being deemed of immediate 1 importance, takes effect upon enactment. 2 DIVISION III 3 SALARIES, COMPENSATION, AND RELATED MATTERS 4 Sec. 15. APPOINTED STATE OFFICERS. 5 1. The governor shall establish a salary for appointed 6 nonelected persons in the executive branch of state government 7 holding a position enumerated in and within the salary 8 ranges provided in 2008 Iowa Acts, chapter 1191, section 14, 9 by considering, among other items, the experience of the 10 individual in the position, changes in the duties of the 11 position, the incumbent’s performance of assigned duties, and 12 subordinates’ salaries. However, the attorney general shall 13 establish the salary for the consumer advocate, the chief 14 justice of the supreme court shall establish the salary for the 15 state court administrator, the ethics and campaign disclosure 16 board shall establish the salary of the executive director, and 17 the Iowa public broadcasting board shall establish the salary 18 of the administrator of the public broadcasting division of the 19 department of education, each within the salary range provided 20 in 2008 Iowa Acts, chapter 1191, section 14. 21 2. The governor, in establishing salaries as provided in 22 this section, shall take into consideration other employee 23 benefits which may be provided for an individual including but 24 not limited to housing. 25 3. A person whose salary is established pursuant to this 26 section and who is a full-time, year-round employee of the 27 state shall not receive any other remuneration from the state 28 or from any other source for the performance of that person’s 29 duties unless the additional remuneration is first approved by 30 the governor or authorized by law. However, this provision 31 does not exclude the reimbursement for necessary travel and 32 expenses incurred in the performance of duties or fringe 33 benefits normally provided to employees of the state. 34 Sec. 16. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The 35 -8- LSB 6264HV (3) 83 tm/jp 8/ 56
H.F. 2531 various state departments, boards, commissions, councils, 1 and agencies, including the state board of regents, for 2 the fiscal year beginning July 1, 2010, and ending June 30, 3 2011, shall provide from available sources pay adjustments, 4 expense reimbursements, and related benefits to fully fund the 5 following: 6 1. The collective bargaining agreement negotiated pursuant 7 to chapter 20 for employees in the blue collar bargaining unit. 8 2. The collective bargaining agreement negotiated pursuant 9 to chapter 20 for employees in the public safety bargaining 10 unit. 11 3. The collective bargaining agreement negotiated pursuant 12 to chapter 20 for employees in the security bargaining unit. 13 4. The collective bargaining agreement negotiated pursuant 14 to chapter 20 for employees in the technical bargaining unit. 15 5. The collective bargaining agreement negotiated pursuant 16 to chapter 20 for employees in the professional fiscal and 17 staff bargaining unit. 18 6. The collective bargaining agreement negotiated pursuant 19 to chapter 20 for employees in the clerical bargaining unit. 20 7. The collective bargaining agreement negotiated pursuant 21 to chapter 20 for employees in the professional social services 22 bargaining unit. 23 8. The collective bargaining agreement negotiated pursuant 24 to chapter 20 for employees in the community-based corrections 25 bargaining unit. 26 9. The collective bargaining agreements negotiated 27 pursuant to chapter 20 for employees in the judicial branch of 28 government bargaining units. 29 10. The collective bargaining agreement negotiated pursuant 30 to chapter 20 for employees in the patient care bargaining 31 unit. 32 11. The collective bargaining agreement negotiated pursuant 33 to chapter 20 for employees in the science bargaining unit. 34 12. The collective bargaining agreement negotiated pursuant 35 -9- LSB 6264HV (3) 83 tm/jp 9/ 56
H.F. 2531 to chapter 20 for employees in the university of northern Iowa 1 faculty bargaining unit. 2 13. The collective bargaining agreement negotiated pursuant 3 to chapter 20 for employees in the state university of Iowa 4 graduate student bargaining unit. 5 14. The collective bargaining agreement negotiated pursuant 6 to chapter 20 for employees in the state university of Iowa 7 hospital and clinics tertiary health care bargaining unit. 8 15. The annual pay adjustments, related benefits, and 9 expense reimbursements referred to in the sections of this 10 division of this Act addressing noncontract state and state 11 board of regents employees who are not covered by a collective 12 bargaining agreement. 13 Sec. 17. NONCONTRACT STATE EMPLOYEES —— GENERAL. 14 1. For the fiscal year beginning July 1, 2010: 15 a. The maximum and minimum salary levels of all pay plans 16 provided for in section 8A.413, subsection 3, as they exist for 17 the fiscal year ending June 30, 2010, shall not increase. 18 b. Employees may receive a step increase or the equivalent 19 of a step increase. 20 c. The pay plan for noncontract judicial branch employees 21 shall not be increased. 22 d. The pay plans for state employees who are exempt 23 from chapter 8A, subchapter IV, and who are included in the 24 department of administrative services’ centralized payroll 25 system shall not be increased, and any additional changes 26 in any executive branch pay plans shall be approved by the 27 governor. 28 2. This section does not apply to members of the general 29 assembly, board members, commission members, persons whose 30 salaries are set by the general assembly pursuant to this Act 31 or are set by the governor, or other persons designated in the 32 section of this division of this Act addressing appointed state 33 officers, employees designated under section 8A.412, subsection 34 5, and employees covered by 11 IAC 53.6(3). 35 -10- LSB 6264HV (3) 83 tm/jp 10/ 56
H.F. 2531 3. The pay plans for the bargaining eligible employees of 1 the state shall not be increased, and any additional changes 2 in such executive branch pay plans shall be approved by the 3 governor. As used in this section, “bargaining eligible 4 employee” means an employee who is eligible to organize under 5 chapter 20, but has not done so. 6 4. The policies for implementation of this section shall be 7 approved by the governor. 8 Sec. 18. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 9 the fiscal year beginning July 1, 2010, and ending June 30, 10 2011, funds shall be provided from available sources of the 11 state board of regents for funding of collective bargaining 12 agreements for state board of regents employees covered by 13 such agreements and for the following state board of regents 14 employees not covered by a collective bargaining agreement: 15 1. Regents merit system employees and merit supervisory 16 employees. 17 2. Faculty members and professional and scientific 18 employees. 19 Sec. 19. BONUS PAY. For the fiscal year beginning July 20 1, 2010, and ending June 30, 2011, employees of the executive 21 branch, judicial branch, and legislative branch shall not 22 receive bonus pay unless otherwise authorized by law, required 23 pursuant to a contract of employment entered into before July 24 1, 2010, or required pursuant to a collective bargaining 25 agreement. This section does not apply to employees of the 26 state board of regents. For purposes of this section, “bonus 27 pay” means any additional remuneration provided an employee in 28 the form of a bonus, including but not limited to a retention 29 bonus, recruitment bonus, exceptional job performance pay, 30 extraordinary job performance pay, exceptional performance pay, 31 extraordinary duty pay, or extraordinary or special duty pay, 32 and any extra benefit not otherwise provided to other similarly 33 situated employees. 34 Sec. 20. SPECIAL FUNDS. For the fiscal year beginning July 35 -11- LSB 6264HV (3) 83 tm/jp 11/ 56
H.F. 2531 1, 2010, and ending June 30, 2011, salary adjustments otherwise 1 provided for in this Act may be funded using departmental 2 revolving, trust, or special funds for which the general 3 assembly has established an operating budget, provided doing so 4 does not exceed the operating budget established by the general 5 assembly. 6 Sec. 21. FEDERAL FUNDS APPROPRIATED. For the fiscal year 7 beginning July 1, 2010, all federal grants to and the federal 8 receipts of the agencies affected by this division of this Act 9 which are received and may be expended for purposes of this 10 division of this Act are appropriated for those purposes and as 11 set forth in the federal grants or receipts. 12 Sec. 22. STATE TROOPER MEAL ALLOWANCE. For the fiscal 13 year beginning July 1, 2010, the sworn peace officers in the 14 department of public safety who are not covered by a collective 15 bargaining agreement negotiated pursuant to chapter 20 shall 16 receive the same per diem meal allowance as the sworn peace 17 officers in the department of public safety who are covered 18 by a collective bargaining agreement negotiated pursuant to 19 chapter 20. 20 Sec. 23. SALARY MODEL ADMINISTRATOR. The salary model 21 administrator shall work in conjunction with the legislative 22 services agency to maintain the state’s salary model used for 23 analyzing, comparing, and projecting state employee salary 24 and benefit information, including information relating to 25 employees of the state board of regents. The department of 26 revenue, the department of administrative services, the five 27 institutions under the jurisdiction of the state board of 28 regents, the judicial district departments of correctional 29 services, and the state department of transportation shall 30 provide salary data to the department of management and the 31 legislative services agency to operate the state’s salary 32 model. The format and frequency of provision of the salary 33 data shall be determined by the department of management and 34 the legislative services agency. The information shall be 35 -12- LSB 6264HV (3) 83 tm/jp 12/ 56
H.F. 2531 used in collective bargaining processes under chapter 20 and 1 in calculating the funding needs contained within the annual 2 salary adjustment legislation. A state employee organization 3 as defined in section 20.3, subsection 4, may request 4 information produced by the model, but the information provided 5 shall not contain information attributable to individual 6 employees. 7 Sec. 24. 2008 Iowa Acts, chapter 1191, section 14, 8 subsection 7, is amended to read as follows: 9 7. The following are range 7 positions: administrator 10 of the public broadcasting division of the department of 11 education, director of the department of corrections, director 12 of the department of education, director of human services, 13 director of the department of economic development, executive 14 director of the Iowa telecommunications and technology 15 commission, executive director of the state board of regents, 16 director of transportation, director of the department of 17 workforce development, director of revenue, director of public 18 health, state court administrator, director of the department 19 of management, chief information officer, and director of the 20 department of administrative services. 21 DIVISION IV 22 APPROPRIATION REDUCTIONS 23 Sec. 25. APPROPRIATION REDUCTIONS —— REPORT. 24 1. The amounts appropriated from the general fund of 25 the state to the departments and establishments of the 26 executive branch, as defined in section 8.2, but not including 27 appropriations to the state board of regents, for operational 28 purposes in enactments made for the fiscal year beginning July 29 1, 2010, and ending June 30, 2011, are reduced by $83,760,500. 30 For purposes of this section, “operational purposes” 31 means salary, support, administrative expenses, or other 32 personnel-related costs. The reductions in appropriations 33 required pursuant to this subsection shall be realized through 34 the implementation of 2010 Iowa Acts, Senate File 2062, 2010 35 -13- LSB 6264HV (3) 83 tm/jp 13/ 56
H.F. 2531 Iowa Acts, Senate File 2088, executive order number 20 issued 1 December 16, 2009, and any other efficiency measure. The 2 reductions to operational appropriations required by this 3 subsection shall be applied by the department of management. 4 2. On or before December 1, 2010, the department of 5 management shall submit a report to the general assembly 6 and the legislative services agency regarding anticipated 7 reductions in appropriations for operational purposes and 8 anticipated reductions in full-time equivalent positions 9 for the fiscal year beginning July 1, 2010, and ending June 10 30, 2011, as required by this section. In the report, all 11 reductions shall be categorized in one of four categories. The 12 categories shall include the implementation of 2010 Iowa Acts, 13 Senate File 2062; the implementation of 2010 Iowa Acts, Senate 14 File 2088, section 65; the implementation of 2010 Iowa Acts, 15 Senate File 2088, sections 67 and 68; and the implementation of 16 both executive order number 20 issued December 16, 2009, and 17 any remaining provisions of 2010 Iowa Acts, Senate File 2088. 18 Sec. 26. CASH RESERVE TRANSFER. For the fiscal year 19 beginning July 1, 2010, and ending June 30, 2011, the 20 department of management may transfer up to five million 21 dollars from the cash reserve fund created in section 8.56 22 to appropriations addressed by this division for purposes 23 of offsetting the appropriation reductions required in this 24 division. A transfer made pursuant to the authority granted in 25 this section shall be subject to the reporting requirements in 26 section 8.39, subsections 3 and 4. 27 Sec. 27. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 28 INFORMATION TECHNOLOGY. There is appropriated from the general 29 fund of the state to the department of administrative services 30 for the fiscal year beginning July 1, 2010, and ending June 30, 31 2011, the following amount, or so much thereof as is necessary, 32 to be used for the purposes designated: 33 For implementing 2010 Iowa Acts, Senate File 2088, division 34 I, including salaries, support, maintenance, and miscellaneous 35 -14- LSB 6264HV (3) 83 tm/jp 14/ 56
H.F. 2531 purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,300,000 2 DIVISION V 3 STATE FINANCIAL MANAGEMENT DUTIES 4 Sec. 28. Section 8A.502, subsection 1, Code 2009, is amended 5 to read as follows: 6 1. Centralized accounting and payroll system. To assume the 7 responsibilities related to a centralized accounting system 8 for state government and to establish a centralized payroll 9 system for all state agencies . However, the state board of 10 regents and institutions under the control of the state board 11 of regents shall not be required to utilize the centralized 12 payroll system. 13 Sec. 29. Section 8A.502, Code 2009, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 8A. Budget database. To develop and make 16 available to the public a searchable budget database. 17 Sec. 30. Section 11.5B, subsection 16, if enacted by 18 2010 Iowa Acts, Senate File 2367, is amended by striking the 19 subsection. 20 Sec. 31. 2010 Iowa Acts, Senate File 2088, section 233, is 21 amended to read as follows: 22 SEC. 233. DEPARTMENT OF MANAGEMENT ADMINISTRATIVE 23 SERVICES —— CENTRALIZED PAYROLL SYSTEM. The department 24 of management administrative services shall examine the 25 possibility of merging all state payroll systems into the 26 centralized payroll system operated by the department. 27 The department shall consult with those entities of state 28 government not utilizing the centralized payroll system, 29 including but not limited to the state department of 30 transportation, about strategies for encouraging utilization 31 of the state’s centralized payroll system and by identifying 32 those barriers preventing merging of the payroll systems. 33 The department shall provide information to the joint 34 appropriations subcommittee on administration and regulation 35 -15- LSB 6264HV (3) 83 tm/jp 15/ 56
H.F. 2531 concerning efforts by the department to merge payroll systems 1 and any recommendations for legislative action to encourage, or 2 eliminate barriers to, the provision of payroll services by the 3 department to other state agencies. 4 Sec. 32. 2010 Iowa Acts, Senate File 2088, section 234, is 5 amended to read as follows: 6 SEC. 234. DEPARTMENT OF MANAGEMENT ADMINISTRATIVE 7 SERVICES —— PAYROLL FREQUENCY. The department of 8 management administrative services shall implement to the 9 greatest extent possible a reduction in the frequency of paying 10 state employees by paying employees through the payroll system 11 on a semimonthly instead of a biweekly basis. 12 Sec. 33. REPEALS. 2010 Iowa Acts, Senate File 2088, 13 sections 175 through 232, are repealed. 14 DIVISION VI 15 CORRECTIVE PROVISIONS 16 Sec. 34. Section 2.69, subsection 3, as enacted by 2010 17 Iowa Acts, Senate File 2088, section 420, is amended to read 18 as follows: 19 3. The members of the committee shall be reimbursed for 20 actual and necessary expenses incurred in the performance of 21 their duties and shall be paid a per diem as specified in 22 section 7E.6 2.10 for each day in which they engaged in the 23 performance of their duties. However, per diem compensation 24 and expenses shall not be paid when the general assembly is 25 actually in session at the seat of government. Expenses and 26 per diem shall be paid from funds appropriated pursuant to 27 section 2.12. 28 Sec. 35. Section 97D.4, subsection 2, Code 2009, is amended 29 to read as follows: 30 2. The members of the committee shall be reimbursed for 31 actual and necessary expenses incurred in the performance of 32 their duties and shall be paid a per diem as specified in 33 section 7E.6 2.10 for each day in which they engaged in the 34 performance of their duties. However, per diem compensation 35 -16- LSB 6264HV (3) 83 tm/jp 16/ 56
H.F. 2531 and expenses shall not be paid when the general assembly is 1 actually in session at the seat of government. Expenses and 2 per diem shall be paid from funds appropriated pursuant to 3 section 2.12. 4 Sec. 36. Section 123.43A, subsection 1, unnumbered 5 paragraph 1, as enacted by 2010 Iowa Acts, Senate File 2088, 6 section 84, is amended to read as follows: 7 For the purposes of this section, unless the context 8 other otherwise requires: 9 Sec. 37. Section 162.10D, subsection 2, as enacted by 2010 10 Iowa Acts, House File 2280, section 18, is amended to read as 11 follows: 12 2. The department may require that an owner, operator, or 13 employee of a commercial establishment subject to disciplinary 14 action under subsection 1 to complete a continuing education 15 program as a condition for retaining an authorization. 16 This section does not prevent a person from voluntarily 17 participating in a continuing education program. 18 Sec. 38. Section 216A.113, subsection 1, as enacted by 2010 19 Iowa Acts, Senate File 2088, section 139, is amended to read 20 as follows: 21 1. The commission on the deaf of deaf services is 22 established, and shall consist of seven voting members 23 appointed by the governor, subject to confirmation by the 24 senate pursuant to section 2.32. Membership of the commission 25 shall include at least four members who are deaf and who cannot 26 hear human speech with or without use of amplification and at 27 least one member who is hard of hearing. All members shall 28 reside in Iowa. 29 Sec. 39. Section 216C.9, subsection 1, Code 2009, as amended 30 by 2010 Iowa Acts, Senate File 2202, section 7, if enacted, is 31 amended to read as follows: 32 1. If a street, road, or highway in this state is newly 33 built or reconstructed, a curb ramp or sloped area shall be 34 constructed or installed at each intersection of the street, 35 -17- LSB 6264HV (3) 83 tm/jp 17/ 56
H.F. 2531 road, or highway with a sidewalk or path. If a sidewalk or path 1 in this state is newly built or altered reconstructed , a curb 2 ramp or sloped area shall be constructed or installed at each 3 intersection of the sidewalk or path with a street, highway, 4 or road. 5 Sec. 40. Section 256.51, subsection 1, paragraph a, Code 6 2009, as amended by 2010 Iowa Acts, Senate File 2088, section 7 316, is amended to read as follows: 8 a. Determine policy for providing information service to 9 the three branches of state government and to the legal and 10 medical community in this state. 11 Sec. 41. Section 256F.3, subsection 1, Code 2009, as amended 12 by 2010 Iowa Acts, Senate File 2033, section 10, is amended to 13 read as follows: 14 1. The state board of education shall apply for a federal 15 grant under Pub. L. No. 107-110, cited as the federal No Child 16 Left Behind Act of 2001, Tit. V, Pt. B, Subpt. 1, for purposes 17 of providing financial assistance for the planning, program 18 design, and initial implementation of public charter schools. 19 The department shall monitor the effectiveness of charter 20 schools and innovation zone schools and shall implement the 21 applicable provisions of this chapter. 22 Sec. 42. Section 256F.6, subsection 3, Code 2009, is amended 23 to read as follows: 24 3. The state board of education shall provide by rule for 25 the ongoing review of a school board’s each party’s compliance 26 with a contract entered into in accordance with this chapter. 27 Sec. 43. Section 260C.44, Code 2009, as amended by 2010 Iowa 28 Acts, Senate File 2340, section 35, if enacted, is amended to 29 read as follows: 30 260C.44 Apprenticeship programs. 31 1. Each community college is authorized to establish or 32 contract for the establishment of apprenticeship programs 33 for apprenticeable occupations. Any apprenticeship program 34 established under this section shall comply with requirements 35 -18- LSB 6264HV (3) 83 tm/jp 18/ 56
H.F. 2531 established by the United States department of labor, 1 bureau office of apprenticeship and training . Participation 2 in an apprenticeship program or apprenticeship agreement by an 3 apprenticeship sponsor shall be on a voluntary basis. 4 2. For purposes of this section: 5 a. “Apprentice” means a person who is at least sixteen 6 years of age, except where a higher minimum age is required by 7 law, who is employed in an apprenticeable occupation, and is 8 registered with the United States department of labor, office 9 of apprenticeship. 10 b. “Apprenticeable occupation” means an occupation approved 11 for apprenticeship by the United States department of labor, 12 office of apprenticeship and training . 13 c. “Apprenticeship program” means a plan, registered with 14 the United States office of apprenticeship which contains 15 the terms and conditions for the qualification, recruitment, 16 selection, employment, and training of apprentices, including 17 the requirement for a written apprenticeship agreement. 18 d. “Apprenticeship sponsor” means a person operating an 19 apprenticeship program or in whose name an apprenticeship 20 program is being operated, registered, or approved. 21 Sec. 44. Section 298.4, subsection 2, if enacted by 2010 22 Iowa Acts, Senate File 2237, section 103, is amended to read 23 as follows: 24 2. Unencumbered funds collected from the levies 25 authorized in sections 96.31, 279.46, and 296.7 prior to 26 July 1, 1991, may be expended for the purposes listed in 27 subsections subsection 1, paragraphs “a” , “c” , and “e” . 28 Sec. 45. Section 317.1, Code 2009, as amended by 2010 Iowa 29 Acts, Senate File 2340, section 86, if enacted, is amended to 30 read as follows: 31 317.1 Definitions. 32 As used in this chapter, unless the context otherwise 33 requires: 34 a. 1. “Book” , “list” , “record” , or “schedule” kept by a 35 -19- LSB 6264HV (3) 83 tm/jp 19/ 56
H.F. 2531 county auditor, assessor, treasurer, recorder, sheriff, or 1 other county officer means the county system as defined in 2 section 445.1. 3 b. 2. “Commissioner” means the county weed commissioner or 4 the commissioner’s deputy within each county. 5 Sec. 46. Section 321J.2, subsection 3, paragraph d, 6 subparagraphs (1) and (2), if enacted by 2010 Iowa Acts, Senate 7 File 431, section 1, are amended to read as follows: 8 (1) A defendant whose alcohol concentration is .08 or 9 more but not more than .10 shall not be eligible for any 10 temporary restricted license for at least thirty days if a 11 test was obtained and an accident resulting in personal injury 12 or property damage occurred. The department shall require 13 the defendant shall be ordered to install an ignition interlock 14 device of a type approved by the commissioner of public safety 15 on all vehicles owned or operated by the defendant if the 16 defendant seeks a temporary restricted license. There shall be 17 no such period of ineligibility if no such accident occurred, 18 and the defendant shall not be ordered required to install an 19 ignition interlock device. 20 (2) A defendant whose alcohol concentration is more than .10 21 shall not be eligible for any temporary restricted license for 22 at least thirty days if a test was obtained, and an accident 23 resulting in personal injury or property damage occurred or the 24 defendant’s alcohol concentration exceeded .15. There shall be 25 no such period of ineligibility if no such accident occurred 26 and the defendant’s alcohol concentration did not exceed .15. 27 In either case, where a defendant’s alcohol concentration is 28 more than .10, the department shall require the defendant shall 29 be ordered to install an ignition interlock device of a type 30 approved by the commissioner of public safety on all vehicles 31 owned or operated by the defendant if the defendant seeks a 32 temporary restricted license. 33 Sec. 47. Section 336.4, Code 2009, as amended by 2010 Iowa 34 Acts, Senate File 2088, section 323, is amended to read as 35 -20- LSB 6264HV (3) 83 tm/jp 20/ 56
H.F. 2531 follows: 1 336.4 Library trustees. 2 In any area in which a library district has been established 3 in accordance with this chapter, a board of library 4 trustees, consisting of five, seven, or nine members who 5 resident reside within the library district, shall be appointed 6 by the governing bodies of the jurisdictions comprising the 7 library district. 8 Sec. 48. Section 435.26B, subsection 1, paragraph c, if 9 enacted by 2010 Iowa Acts, Senate File 2199, section 13, is 10 amended to read as follows: 11 c. A statement of the affiant’s title or ownership interest 12 and a statement of all liens, encumbrances, or security 13 interest interests upon the manufactured or mobile home, 14 including the names and mailing addresses of all persons having 15 any such liens, encumbrances, or security interests. 16 Sec. 49. Section 455B.104, subsection 4, as enacted by 2010 17 Iowa Acts, Senate File 2088, section 258, is amended to read 18 as follows: 19 4. By September 1 December 31 of each year, the department 20 shall submit a report to the governor and the general assembly 21 regarding the greenhouse gas emissions in the state during 22 the previous calendar year and forecasting trends in such 23 emissions. The first submission by the department shall be 24 filed by September 1 December 31 , 2011, for the calendar year 25 beginning January 1, 2010. 26 Sec. 50. Section 489.116, subsection 4, as amended by 2010 27 Iowa Acts, House File 2478, section 5, if enacted, is amended 28 to read as follows: 29 4. 3. A limited liability company or foreign limited 30 liability company may be served pursuant to this section, as 31 provided in another provision of this chapter, or as provided 32 in sections 617.3 through 617.6, unless the manner of service 33 is otherwise specifically provided for by another provision of 34 law. 35 -21- LSB 6264HV (3) 83 tm/jp 21/ 56
H.F. 2531 Sec. 51. Section 489.1005, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. A surviving organization that is a foreign organization 3 consents to the jurisdiction of the courts of this state to 4 enforce any debt, obligation, or other liability owed by a 5 constituent organization, if before the merger the constituent 6 organization was subject to suit in this state on the debt, 7 obligation, or other liability. A surviving organization 8 that is a foreign organization and not authorized to transact 9 business in this state appoints the secretary of state as its 10 registered agent for service of process for the purposes of 11 enforcing a debt, obligation, or other liability under this 12 subsection. Service on the secretary of state under this 13 subsection must be made in the same manner and has the same 14 consequences as in section 489.116, subsections 3 2 and 4 3 . 15 Sec. 52. Section 489.1009, subsection 3, Code 2009, is 16 amended to read as follows: 17 3. A converted organization that is a foreign organization 18 consents to the jurisdiction of the courts of this state to 19 enforce any debt, obligation, or other liability for which 20 the converting limited liability company is liable if, before 21 the conversion, the converting limited liability company was 22 subject to suit in this state on the debt, obligation, or 23 other liability. A converted organization that is a foreign 24 organization and not authorized to transact business in this 25 state appoints the secretary of state as its registered agent 26 for service of process for purposes of enforcing a debt, 27 obligation, or other liability under this subsection. Service 28 on the secretary of state under this subsection must be made 29 in the same manner and has the same consequences as in section 30 489.116, subsections 3 2 and 4 3 . 31 Sec. 53. Section 489.1013, subsection 2, Code 2009, is 32 amended to read as follows: 33 2. A domesticated company that is a foreign limited 34 liability company consents to the jurisdiction of the courts 35 -22- LSB 6264HV (3) 83 tm/jp 22/ 56
H.F. 2531 of this state to enforce any debt, obligation, or other 1 liability owed by the domesticating company, if, before the 2 domestication, the domesticating company was subject to suit 3 in this state on the debt, obligation, or other liability. 4 A domesticated company that is a foreign limited liability 5 company and not authorized to transact business in this 6 state appoints the secretary of state as its registered agent 7 for service of process for purposes of enforcing a debt, 8 obligation, or other liability under this subsection. Service 9 on the secretary of state under this subsection must be made 10 in the same manner and has the same consequences as in section 11 489.116, subsections 3 2 and 4 3 . 12 Sec. 54. Section 508C.3, subsection 1, paragraph b, 13 subparagraph (2), subparagraph division (b), Code 2009, as 14 amended by 2010 Iowa Acts, Senate File 2272, section 1, if 15 enacted, is amended to read as follows: 16 (b) The person is not eligible for coverage by an 17 association described in subparagraph part division (a) in any 18 other state due to the fact that the insurer was not licensed 19 in the state at the time specified in that state’s guaranty 20 association law. 21 Sec. 55. Section 514C.26, subsection 1, paragraph c, 22 subparagraph (2), subparagraph division (j), as enacted by 2010 23 Iowa Acts, House File 2075, section 1, is amended to read as 24 follows: 25 (j) Costs of extra treatments, services, procedures, tests, 26 or drugs that would not be performed or administered except 27 for participation in the cancer clinical trial. Nothing in 28 this subparagraph subdivision division shall limit payment for 29 treatments, services, procedures, tests, or drugs that are 30 otherwise a covered benefit under subparagraph (1). 31 Sec. 56. Section 543B.29, subsection 1, paragraph e, 32 subparagraph (2), if enacted by 2010 Iowa Acts, Senate File 33 2326, section 5, is amended to read as follows: 34 (2) The commission, when considering the revocation 35 -23- LSB 6264HV (3) 83 tm/jp 23/ 56
H.F. 2531 or suspension of a license pursuant to this paragraph “e” , 1 shall consider the nature of the offense; any aggravating or 2 extenuating circumstances which are documented; the time lapsed 3 since the conduct or conviction; the rehabilitation, treatment, 4 or restitution performed by the licensee; and any other factors 5 the commission deems relevant. Character references may be 6 required but shall not be obtained from licensed real estate 7 brokers or salespersons. 8 Sec. 57. Section 562A.29A, subsection 1, paragraph b, as 9 enacted by 2010 Iowa Acts, Senate File 2300, section 3, is 10 amended to read as follows: 11 b. Personal service pursuant to rules rule of civil 12 procedure 1.305, Iowa court rules, for the personal service of 13 original notice. 14 Sec. 58. Section 685.6, subsection 9, paragraph d, as 15 enacted by 2010 Iowa Acts, Senate File 2088, section 343, is 16 amended to read as follows: 17 d. At any time during which any custodian is in custody 18 or control of any documentary material or answers to 19 interrogatories produced, or transcripts of oral testimony 20 given, by any person in compliance with any civil investigative 21 demand issued under subsection 1, such person, and in the 22 case of an express demand for any product of discovery, the 23 person from whom such discovery was obtained, may file, in 24 the district court of the state for the judicial district 25 within which the office of such custodian is located, and serve 26 upon such custodian, a petition for an order of such court to 27 require the performance by the custodian of any duty imposed 28 upon the custodian by this section. 29 Sec. 59. Section 692A.102, subsection 1, paragraph c, 30 subparagraph (30), Code Supplement 2009, is amended to read as 31 follows: 32 (30) Enticing away a minor in violation of section 710.10, 33 if the violation includes an intent to commit sexual abuse, 34 sexual exploitation, sexual contact, or sexual conduct directed 35 -24- LSB 6264HV (3) 83 tm/jp 24/ 56
H.F. 2531 towards a minor. 1 Sec. 60. Section 805.6, subsection 3, paragraph a, if 2 enacted by 2010 Iowa Acts, Senate File 2340, section 63, is 3 amended to read as follows: 4 a. The uniform citation and complaint shall contain 5 spaces for the parties’ names; the address of the alleged 6 offender; the registration number of the offender’s vehicle; 7 the information required by section 805.2, a warning which 8 states , : I hereby swear and affirm that the information 9 provided by me on this citation is true under penalty of 10 providing false information; and a statement that providing 11 false information is a violation of section 719.3; a list of 12 the scheduled fines prescribed by sections 805.8A, 805.8B, and 13 805.8C, either separately or by group, and a statement of the 14 court costs payable in scheduled violation cases, whether or 15 not a court appearance is required or is demanded; a brief 16 explanation of sections 805.9 and 805.10; and a space where the 17 defendant may sign an admission of the violation when permitted 18 by section 805.9; and the uniform citation and complaint shall 19 require that the defendant appear before a court at a specified 20 time and place. The uniform citation and complaint also may 21 contain a space for the imprint of a credit card, and may 22 contain any other information which the commissioner of public 23 safety, the director of transportation, and the director of the 24 department of natural resources may determine. 25 Sec. 61. Section 805.6, subsection 7, Code Supplement 2009, 26 as amended by 2010 Iowa Acts, Senate File 2340, section 63, if 27 enacted, is amended to read as follows: 28 9. Supplies of uniform citation and complaint forms 29 existing or on order on July 1, 2010, may be used until 30 exhausted. 31 Sec. 62. Section 901A.1, subsection 1, paragraph c, Code 32 2009, is amended to read as follows: 33 c. Enticing a minor away in violation of section 710.10, 34 subsection 1. 35 -25- LSB 6264HV (3) 83 tm/jp 25/ 56
H.F. 2531 Sec. 63. The portion of 2010 Iowa Acts, House File 2399, 1 section 2, if enacted, that enacts section 476.53, subsection 2 3, paragraph a, subparagraph (1), unnumbered paragraph 1, is 3 amended by striking the unnumbered paragraph and inserting in 4 lieu thereof the following: 5 Files an application pursuant to section 476A.3 to construct 6 in Iowa a baseload electric power generating facility with a 7 nameplate generating capacity equal to or greater than three 8 hundred megawatts or a combined-cycle electric power generating 9 facility, or an alternate energy production facility as defined 10 in section 476.42 , or to significantly alter an existing 11 generating facility . For purposes of this subparagraph, a 12 significant alteration of an existing generating facility must, 13 in order to qualify for establishment of ratemaking principles, 14 fall into one of the following categories: 15 Sec. 64. 2010 Iowa Acts, Senate File 431, section 5, if 16 enacted, is amended by striking the section and inserting in 17 lieu thereof the following: 18 SEC. 5. Section 907.3, subsection 3, paragraph c, 19 unnumbered paragraph 1, Code Supplement 2009, is amended to 20 read as follows: 21 A mandatory minimum sentence of incarceration imposed 22 pursuant to a violation of section 321J.2, subsection 1; 23 furthermore, the court shall not suspend any part of a sentence 24 not involving incarceration imposed pursuant to section 321J.2, 25 subsection 2 3, 4, or 5 , beyond the mandatory minimum if any of 26 the following apply: 27 Sec. 65. 2010 Iowa Acts, Senate File 2237, section 180, 28 subsection 4, paragraph a, as enacted, is amended to read as 29 follows: 30 a. The Code editor is directed to strike the words “title” 31 or “Title” and insert “Tit.” within federal Act references 32 in sections 13.31, subsections 1 and 6; 15E.192, subsection 33 2; 15E.195, subsections 1 and 2; 30.1, subsection 3; 47.1, 34 subsection 5; 96.11, subsection 10, paragraph “c” ; 97C.1; 35 -26- LSB 6264HV (3) 83 tm/jp 26/ 56
H.F. 2531 97C.2, subsections 2, 5, and 7; 97C.3, unnumbered paragraph 1 1, and subsections 1 and 2; 135C.9, subsection 1, paragraph 2 “b” ; 142A.8, subsection 2; 203C.1, subsection 26; 207.21, 3 subsections 1, 4, and 5; 207.22, subsection 3, paragraph 4 “b” ; 217.38; 228.1, subsection 7; 230.20, subsection 6; 5 232.1A; 234.6, subsection 1; 249.1, subsection 3; 249A.2, 6 subsections 1, 4, 6, 7, and 8; 249A.20A, subsection 5; 249A.24, 7 subsection 2, paragraph “b” ; 249B.1, subsections 6 and 7; 8 249F.1, subsection 1; 249F.8; 249J.3, subsection 8; 249J.10, 9 subsection 3; 249J.22, subsection 3; 252B.6, subsection 10 3; 252B.9, subsection 2, paragraph “b” , subparagraph (1), 11 subsection 3, paragraphs “c” , “d” , “e” , subparagraph (1), and 12 “f” ; 252B.14, subsection 5; 252D.20; 252E.15; 259.2, unnumbered 13 paragraph 2; 259.9; 260C.18A, subsection 2, paragraph “c” ; 14 306B.1, subsections 3 and 4; 307.10, subsection 13; 321.105, 15 subsection 5; 321.450, subsections 1 and 3; 403.6, subsection 16 7; 455B.133, subsection 3 and subsection 8, paragraph “a” ; 17 459A.102, subsection 19; 483A.4, subsection 1; 486A.101, 18 subsection 2, paragraph “a” ; 488.102, subsection 3, paragraph 19 “a” ; 490A.102, subsection 2; 514.7, subsections 2 through 4; 20 514B.1, subsection 5, paragraphs “b” though through “d” ; 514C.8, 21 subsection 1; 514F.4, subsection 2, paragraph “a” ; 514I.9, 22 subsection 1; 523A.401, subsection 5, paragraph “a” ; 523A.402, 23 subsection 5, paragraph “a” ; 523A.602, subsection 3; 534.205, 24 subsection 1; 541A.1, subsection 8, paragraph “b” , subparagraph 25 (2); and 541A.6, Code 2009. 26 Sec. 66. 2010 Iowa Acts, Senate File 2366, section 23, 27 subsection 2, if enacted, is amended to read as follows: 28 2. The costs associated with implementation of this 29 division of this Act shall be funded exclusively through moneys 30 appropriated from the quality assurance trust fund, and shall 31 result in budget neutrality to the general fund of the state 32 for the fiscal year beginning July 1, 2009, and ending June 30, 33 2010. 34 Sec. 67. REPEAL. 2010 Iowa Acts, House File 2280, section 35 -27- LSB 6264HV (3) 83 tm/jp 27/ 56
H.F. 2531 25, is repealed. 1 Sec. 68. REPEAL. 2010 Iowa Acts, House File 2452, section 2 3, is repealed. 3 Sec. 69. REPEAL. 2010 Iowa Acts, Senate File 2340, section 4 117, is repealed. 5 Sec. 70. CONDITIONAL EFFECTIVE DATE. The sections of this 6 division of this Act amending sections 489.1005, 489.1009, and 7 489.1013, take effect only if 2010 Iowa Acts, House File 2478, 8 is enacted. 9 Sec. 71. CONDITIONAL EFFECTIVE DATE. The sections of this 10 division of this Act amending section 692A.102, subsection 11 1, paragraph “c” , subparagraph (30), and section 901A.1, 12 subsection 1, paragraph “c” , take effect only if 2010 Iowa Acts, 13 House File 2438, is enacted. 14 Sec. 72. CONTINGENT EFFECTIVE DATE. The section of this 15 division of this Act amending section 805.6, subsection 7, 16 takes effect only if 2010 Iowa Acts, Senate File 2197, is 17 enacted. 18 Sec. 73. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 19 APPLICABILITY. The following sections of this division of this 20 Act, being deemed of immediate importance, take effect upon 21 enactment and apply retroactively as follows: 22 1. The section of this division of this Act amending section 23 162.10D, subsection 2, as enacted by 2010 Iowa Acts, House File 24 2280, section 18, applies retroactively to March 9, 2010. 25 2. The section of this division of this Act amending section 26 216A.113, subsection 1, as enacted by 2010 Iowa Acts, Senate 27 File 2088, section 139, applies retroactively to March 10, 28 2010. 29 3. The section of this division of this Act amending section 30 256.51, subsection 1, paragraph “a”, Code 2009, as amended 31 by 2010 Iowa Acts, Senate File 2088, section 316, applies 32 retroactively to March 10, 2010. 33 4. The section of this division of this Act amending section 34 435.26B, subsection 1, paragraph “c”, if enacted by 2010 Iowa 35 -28- LSB 6264HV (3) 83 tm/jp 28/ 56
H.F. 2531 Acts, Senate File 2199, section 13, applies retroactively to 1 the effective date of 2010 Iowa Acts, Senate File 2199. 2 5. The section of this division of this Act amending section 3 562A.29A, subsection 1, paragraph “b”, as enacted by 2010 Iowa 4 Acts, Senate File 2300, section 3, applies retroactively to 5 March 2, 2010. 6 6. The section of this division of this Act amending 7 the portion of 2010 Iowa Acts, House File 2399, section 2, 8 that enacts section 476.53, subsection 3, paragraph “a”, 9 subparagraph (1), unnumbered paragraph 1, applies retroactively 10 to March 9, 2010. 11 7. The section of this division of this Act repealing 2010 12 Iowa Acts, House File 2280, section 25, applies retroactively 13 to March 9, 2010. 14 Sec. 74. EFFECTIVE DATE. The following sections of this 15 division of this Act take effect December 1, 2010: 16 1. The section of this division of this Act amending section 17 321J.2, subsection 3, paragraph “d”, subparagraphs (1) and (2), 18 if enacted by 2010 Iowa Acts, Senate File 431, section 1. 19 2. The section of this division of this Act repealing 2010 20 Iowa Acts, House File 2452, section 3, if 2010 Iowa Acts, 21 Senate File 431, is enacted. 22 3. The section of this division of this Act amending 2010 23 Iowa Acts, Senate File 431, section 5, if 2010 Iowa Acts, 24 Senate File 431, is enacted. 25 DIVISION VII 26 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 27 Sec. 75. SAC AND FOX INDIAN SETTLEMENT —— EDUCATIONAL 28 EXPENSES. There is appropriated from the Iowa comprehensive 29 petroleum underground storage tank fund to the department of 30 education for the fiscal year beginning July 1, 2010, and 31 ending June 30, 2011, the following amount, or so much thereof 32 as is necessary, to be used for the purposes designated: 33 Notwithstanding section 455G.3, subsection 1, for 34 distribution to the tribal council of the Sac and Fox Indian 35 -29- LSB 6264HV (3) 83 tm/jp 29/ 56
H.F. 2531 settlement located on land held in trust by the secretary 1 of the interior of the United States. Moneys appropriated 2 under this section shall be used for the purposes specified in 3 section 256.30: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90,000 5 Sec. 76. CASH RESERVE FUND APPROPRIATIONS. There is 6 appropriated from the cash reserve fund created in section 8.56 7 to the following departments and agencies for the fiscal year 8 beginning July 1, 2010, and ending June 30, 2011, the following 9 amounts to be used for the purposes designated: 10 1. DEPARTMENT OF HUMAN SERVICES 11 For the medical assistance program: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187,800,000 13 2. DEPARTMENT OF MANAGEMENT 14 For salaries, support, maintenance, and miscellaneous 15 purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 260,000 17 Sec. 77. APPROPRIATION ADJUSTMENTS —— DEPARTMENT OF 18 ADMINISTRATIVE SERVICES. The appropriations to the department 19 of administrative services for the fiscal year beginning July 20 1, 2010, in 2010 Iowa Acts, Senate File 2367, from the general 21 fund of the state shall be increased by $2,761,100. The number 22 of full-time equivalent positions authorized for the department 23 of administrative services for the fiscal year beginning 24 July 1, 2010, in 2010 Iowa Acts, Senate File 2367, shall be 25 increased by 34.40. 26 Sec. 78. APPROPRIATION ADJUSTMENTS —— DEPARTMENT OF 27 MANAGEMENT. The appropriations to the department of management 28 for the fiscal year beginning July 1, 2010, in 2010 Iowa Acts, 29 Senate File 2367, from the general fund of the state shall be 30 decreased by $2,761,100. The number of full-time equivalent 31 positions authorized for the department of management for the 32 fiscal year beginning July 1, 2010, in 2010 Iowa Acts, Senate 33 File 2367, shall be decreased by 34.40. 34 Sec. 79. RAILROAD COMPANY —— LIMITED LIABILITY. A railroad 35 -30- LSB 6264HV (3) 83 tm/jp 30/ 56
H.F. 2531 company which alters facilities described in section 327F.2 1 pursuant to a written agreement with a political subdivision 2 with a population of more than 15,100, but less than 15,150, 3 according to the 2000 certified federal census, to construct a 4 flood mitigation project shall not held liable for any damages 5 caused by the alteration due to a flood. 6 Sec. 80. BRAILLE AND SIGHT SAVING SCHOOL STUDY. 7 1. The state board of regents shall conduct a study to 8 examine possible changes to and make recommendations regarding 9 the current structure for providing residential services on 10 the campus of the Iowa braille and sight saving school and 11 to make recommendations regarding appropriate facilities and 12 facility utilization. The study shall also examine potential 13 partnerships with other state agencies as well as private 14 providers of residential services. 15 2. For purposes of conducting the study, the state board of 16 regents shall form a committee with representatives of all of 17 the following: 18 a. Parents of students who are blind or visually impaired. 19 b. Constituent organizations for the blind or visually 20 impaired. 21 c. The department of education. 22 d. The department for the blind. 23 e. The department of human services. 24 f. Area education agencies. 25 g. School boards and school board administrators. 26 h. The governor’s developmental disabilities council. 27 i. Administration of the statewide system for vision 28 services. 29 j. Administration of the Iowa school for the deaf. 30 3. By August 31, 2010, the state board of regents shall 31 submit a report of the study to the legislative council. 32 Sec. 81. PLUMBERS, MECHANICAL PROFESSIONALS, AND 33 CONTRACTORS —— EFFECTIVE UPON ENACTMENT. 34 1. Notwithstanding the provisions of section 105.18, 35 -31- LSB 6264HV (3) 83 tm/jp 31/ 56
H.F. 2531 subsection 2, paragraph “c”, subparagraph (3), to the contrary, 1 the plumbing and mechanical systems board shall, through 2 September 30, 2010, allow a person who has not previously held 3 a license issued under section 105.18 to sit for the state 4 master licensing examination for the applicable discipline if 5 that person submits evidence of work experience which the board 6 deems to be equivalent to forty-eight months experience as a 7 licensed master in the applicable discipline. 8 2. This section, being deemed of immediate importance, 9 takes effect upon enactment. 10 Sec. 82. Section 8D.13, subsection 5, Code 2009, is amended 11 to read as follows: 12 5. a. The state shall lease all fiberoptic cable 13 facilities or facilities with DS-3 sufficient capacity as 14 determined by the commission for Part III connections , for 15 which state funding is provided. The state shall lease 16 all fiberoptic cable facilities or facilities with DS-3 or 17 DS-1 capacity for the judicial branch, judicial district 18 department departments of correctional services, and state 19 agency connections for which state funding is provided. In 20 determining the capacity to be provided, the commission 21 shall consult with the authorized users associated with 22 the Part III connections, the judicial branch, the judicial 23 district departments of correctional services, and state 24 agencies associated with connections for which state funding 25 is provided. Such facilities shall be leased from qualified 26 providers. The state shall not own such facilities, except for 27 those facilities owned by the state as of January 1, 1994. 28 b. The lease provisions of this subsection do not apply to a 29 school district which elects to provide one hundred percent of 30 the financing for the district’s connection. 31 Sec. 83. Section 16.100A, subsection 6, paragraph d, Code 32 Supplement 2009, is amended to read as follows: 33 d. General public members shall be reimbursed by the Iowa 34 finance authority for actual and necessary expenses incurred 35 -32- LSB 6264HV (3) 83 tm/jp 32/ 56
H.F. 2531 while engaged in their official duties. Expense payments shall 1 be made from appropriations made for purposes of this section . 2 Sec. 84. Section 16.181, subsection 1, paragraph a, Code 3 Supplement 2009, is amended to read as follows: 4 a. A housing trust fund is created within the authority. 5 The moneys in the housing trust fund are annually appropriated 6 to the authority to be used for the development and 7 preservation of affordable housing for low-income people in 8 the state and for the Iowa mortgage help initiative . Payment 9 of interest, recaptures of awards, or other repayments 10 to the housing trust fund shall be deposited in the fund. 11 Notwithstanding section 12C.7, interest or earnings on moneys 12 in the housing trust fund or appropriated to the fund shall 13 be credited to the fund. Notwithstanding section 8.33, 14 unencumbered and unobligated moneys remaining in the fund 15 at the close of each fiscal year shall not revert but shall 16 remain available for expenditure for the same purposes in the 17 succeeding fiscal year. 18 Sec. 85. Section 20.19, Code 2009, is amended to read as 19 follows: 20 20.19 Impasse procedures —— agreement of parties. 21 As the first step in the performance of their duty to 22 bargain, the public employer and the employee organization 23 shall endeavor to agree upon impasse procedures. Such 24 agreement shall provide for implementation of these impasse 25 procedures not later than one hundred twenty days prior to 26 the certified budget submission date of the public employer. 27 However, if public employees represented by the employee 28 organization are teachers licensed under chapter 272, and the 29 public employer is a school district or area education agency, 30 the agreement shall provide for implementation of impasse 31 procedures not later than one hundred twenty days prior to May 32 31 of the year when the collective bargaining agreement is 33 to become effective. If the public employer is a community 34 college, the agreement shall provide for implementation of 35 -33- LSB 6264HV (3) 83 tm/jp 33/ 56
H.F. 2531 impasse procedures not later than one hundred twenty days prior 1 to May 31 of the year when the collective bargaining agreement 2 is to become effective. If the public employer is not subject 3 to the budget certification requirements of section 24.17 and 4 other applicable sections, the agreement shall provide for 5 implementation of impasse procedures not later than one hundred 6 twenty days prior to the date the next fiscal or budget year of 7 the public employer commences. If the parties fail to agree 8 upon impasse procedures under the provisions of this section, 9 the impasse procedures provided in sections 20.20 to 20.22 10 shall apply. 11 Sec. 86. Section 20.20, Code 2009, is amended to read as 12 follows: 13 20.20 Mediation. 14 In the absence of an impasse agreement negotiated pursuant 15 to section 20.19 or the failure of either party to utilize its 16 procedures, one hundred twenty days prior to the certified 17 budget submission date, or one hundred twenty days prior to 18 May 31 of the year when the collective bargaining agreement 19 is to become effective if public employees represented by the 20 employee organization are teachers licensed under chapter 21 272 and the public employer is a school district or area 22 education agency, the board shall, upon the request of either 23 party, appoint an impartial and disinterested person to act 24 as mediator. If the public employer is a community college, 25 and in the absence of an impasse agreement negotiated pursuant 26 to section 20.19 or the failure of either party to utilize 27 its procedures, one hundred twenty days prior to May 31 28 of the year when the collective bargaining agreement is to 29 become effective, the board, upon the request of either party, 30 shall appoint an impartial and disinterested person to act as 31 mediator. If the public employer is not subject to the budget 32 certification requirements of section 24.17 or other applicable 33 sections and in the absence of an impasse agreement negotiated 34 pursuant to section 20.19, or the failure of either party to 35 -34- LSB 6264HV (3) 83 tm/jp 34/ 56
H.F. 2531 utilize its procedures, one hundred twenty days prior to the 1 date the next fiscal or budget year of the public employer 2 commences, the board, upon the request of either party, shall 3 appoint an impartial and disinterested person to act as a 4 mediator. It shall be the function of the mediator to bring 5 the parties together to effectuate a settlement of the dispute, 6 but the mediator may not compel the parties to agree. 7 Sec. 87. Section 99B.12A, unnumbered paragraph 1, Code 8 2009, is amended to read as follows: 9 An organization that is exempt from federal income taxes 10 under section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6), 11 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal 12 Revenue Code as defined in section 422.3 , A person shall be 13 authorized to conduct a bingo occasion without a license as 14 otherwise required by this chapter if all of the following 15 requirements are met: 16 Sec. 88. Section 99B.17, Code 2009, is amended to read as 17 follows: 18 99B.17 Gambling on credit unlawful —— exception . 19 1. A person who tenders and a person who receives any 20 promise, agreement, note, bill, bond, contract, mortgage or 21 other security, or any negotiable instrument, as consideration 22 for any wager or bet, whether or not lawfully conducted or 23 engaged in pursuant to this chapter, commits a misdemeanor. 24 However, a participant in a bingo occasion or in a contest 25 lawful under section 99B.11 may make payment by personal check 26 for any entry or participation fee assessed by the sponsor of 27 the bingo occasion or contest. 28 2. A participant in a raffle conducted by an eligible 29 qualified organization may purchase raffle tickets by personal 30 check, money order, bank check, cashier’s check, electronic 31 check, or debit card for one raffle conducted by the eligible 32 qualified organization during a calendar year. The department 33 shall adopt rules setting minimum standards concerning the 34 purchase of raffle tickets as authorized by this subsection 35 -35- LSB 6264HV (3) 83 tm/jp 35/ 56
H.F. 2531 which shall ensure compliance with applicable federal law and 1 for the protection of personal information consistent with 2 payment card industry compliance regulations. For purposes 3 of this subsection, an “eligible qualified organization” is a 4 qualified organization that has conducted a raffle pursuant to 5 section 99B.7 during the previous eight consecutive calendar 6 years in which the net proceeds are distributed to a museum. 7 Sec. 89. Section 155A.6A, subsection 3, Code 2009, is 8 amended to read as follows: 9 3. a. Beginning July 1, 2009, a person who is in the 10 process of acquiring national certification as a pharmacy 11 technician and who is in training to become a pharmacy 12 technician shall register with the board as a pharmacy 13 technician. The registration shall be issued for a period not 14 to exceed one year and shall not be renewable. 15 b. A person who is registered as a pharmacy technician or a 16 pharmacy technician trainee prior to January 1, 2010, who has 17 worked as a pharmacy technician or pharmacy technician trainee 18 for a minimum of two thousand hours in the previous eighteen 19 months under the direction of a licensed pharmacist or who 20 has received certification as a pharmacy technician through a 21 certification program accredited by the national commission for 22 certifying agencies, is exempt from meeting any examination 23 requirement for registration pursuant to subsection 2. 24 Sec. 90. Section 174.1, subsection 2, paragraphs b and c, 25 Code 2009, are amended to read as follows: 26 b. The organization owns buildings and or other improvements 27 situated on the fairgrounds which have been specially 28 constructed for purposes of conducting a fair event. 29 c. The market value of the fairgrounds and buildings and 30 other improvements located on the fairgrounds is at least 31 eighty twenty-five thousand dollars. 32 Sec. 91. Section 174.1, subsection 3, Code 2009, is amended 33 to read as follows: 34 3. “Fair event” means an annual gathering of the public 35 -36- LSB 6264HV (3) 83 tm/jp 36/ 56
H.F. 2531 on fairgrounds that incorporates agricultural exhibits, 1 demonstrations, shows, or competitions and which includes all 2 of the following: 3 a. Programs that include programs or projects sponsored by 4 4-H clubs, future farmers of America, or the Iowa cooperative 5 extension service in agriculture and home economics of Iowa 6 state university. Other activities may include any of the 7 following: 8 b. a. Commercial exhibits sponsored by manufacturers or 9 other businesses. 10 c. b. Educational programs or exhibits sponsored by 11 governmental entities or nonprofit organizations. 12 d. c. Competition in culinary arts, fine arts, or home 13 craft arts. 14 Sec. 92. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 15 APPLICABILITY. The provision of this division of this Act 16 amending section 155A.6A, subsection 3, being deemed of 17 immediate importance, takes effect upon enactment and applies 18 retroactively to January 1, 2010. 19 DIVISION VIII 20 BICYCLES 21 Sec. 93. NEW SECTION . 321.281 Actions against bicyclists. 22 1. A person operating a motor vehicle shall not steer the 23 motor vehicle unreasonably close to or toward a person riding 24 a bicycle on a highway, including the roadway or the shoulder 25 adjacent to the roadway. 26 2. A person shall not knowingly project any object or 27 substance at or against a person riding a bicycle on a highway. 28 3. A person who violates this section commits a simple 29 misdemeanor punishable as a scheduled violation under section 30 805.8A, subsection 14, paragraph “k” . 31 Sec. 94. Section 805.8A, subsection 14, Code Supplement 32 2009, is amended by adding the following new paragraph: 33 NEW PARAGRAPH . k. Actions against a person on a bicycle. 34 For violations under section 321.281 the scheduled fine is two 35 -37- LSB 6264HV (3) 83 tm/jp 37/ 56
H.F. 2531 hundred fifty dollars. 1 DIVISION IX 2 HOTEL AND MOTEL TAX 3 Sec. 95. Section 423A.4, subsections 1 and 3, Code 2009, are 4 amended to read as follows: 5 1. A city or county may impose by ordinance of the city 6 council or by resolution of the board of supervisors a hotel 7 and motel tax, at a rate not to exceed seven nine percent, 8 which shall be imposed in increments of one or more full 9 percentage points upon the sales price from the renting of 10 lodging. A county may impose by resolution of the board of 11 supervisors a hotel and motel tax, at a rate not to exceed 12 eight percent, which shall be imposed in increments of one 13 or more full percentage points upon the sales price from the 14 renting of lodging. The tax when imposed by a city shall apply 15 only within the corporate boundaries of that city and when 16 imposed by a county shall apply only outside incorporated areas 17 within that county. However, if a county imposes a hotel and 18 motel tax of eight percent, one percentage point of that hotel 19 and motel tax may , subject to the requirements of subsection 20 3A, be imposed by the county in both the incorporated areas and 21 the unincorporated areas within that county. A change to the 22 imposition of an eight percent county hotel and motel tax to 23 impose the one percentage point of such tax in the incorporated 24 areas of the county or to exclude the incorporated areas of the 25 county from imposition of the one percentage point of such tax 26 is a change in the rate of the hotel and motel tax for purposes 27 of this section, and subsection 4, paragraph “b” , subparagraph 28 (3), applies to the election on such a proposition. 29 3. A Subject to the requirements of subsection 5, a local 30 hotel and motel tax shall be imposed on January 1 or July 1, 31 following the notification of the director of revenue. Once 32 imposed, the tax shall remain in effect at the rate imposed 33 for a minimum of one year. A local hotel and motel tax shall 34 terminate only on June 30 or December 31. At least forty-five 35 -38- LSB 6264HV (3) 83 tm/jp 38/ 56
H.F. 2531 days prior to the tax being effective or prior to a revision in 1 the tax rate or prior to the repeal of the tax, a city or county 2 shall provide notice by mail of such action to the director of 3 revenue. The director shall have the authority to waive the 4 notice requirement. 5 Sec. 96. Section 423A.4, Code 2009, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 3A. A county shall not submit a proposition 8 to the electorate to impose a hotel and motel tax of eight 9 percent that includes the imposition of one percentage point 10 of such tax in the incorporated areas of the county unless the 11 county is currently imposing a hotel and motel tax of seven 12 percent in the unincorporated areas of the county. An election 13 on the question of increasing the rate of a county hotel and 14 motel tax to eight percent shall not be held less than one 15 year following the election that approved the county hotel 16 and motel tax rate of seven percent if such increase to eight 17 percent also includes the imposition of one percentage point 18 of such tax in the incorporated areas of the county. A county 19 imposing a hotel and motel tax of eight percent that includes 20 the imposition of one percentage point of such tax in the 21 incorporated areas of the county shall not submit a proposition 22 to the electorate to reduce the tax rate to a rate of less than 23 seven percent until a reduction to a rate of seven percent is 24 first approved at election. 25 Sec. 97. Section 423A.4, subsection 4, paragraph b, Code 26 2009, is amended to read as follows: 27 b. (1) If the tax applies only within the corporate 28 boundaries of a city, only the registered voters of the city 29 shall be permitted to vote. The election shall be held at the 30 time of the regular city election or at a special election 31 called for that purpose. 32 (2) If the tax applies only in the unincorporated areas of a 33 county, only the registered voters of the unincorporated areas 34 of the county shall be permitted to vote. The election shall 35 -39- LSB 6264HV (3) 83 tm/jp 39/ 56
H.F. 2531 be held at the time of the general election or at a special 1 election called for that purpose. 2 (3) If the tax applies in both the incorporated and 3 unincorporated areas of a county, all registered voters of the 4 county shall be permitted to vote. The election shall be held 5 at the time of the general election or at a special election 6 called for that purpose. 7 Sec. 98. Section 423A.4, Code 2009, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 5. a. For any imposition of a local hotel 10 and motel tax, or any increase in the rate of a local hotel 11 and motel tax, approved at election on or after the effective 12 date of this division of this Act, the city council or county 13 board of supervisors where the tax or the tax rate increase was 14 approved shall, within ten days following approval at election, 15 appoint a citizen advisory committee consisting of not less 16 than five individuals. Each individual appointed to the 17 citizen advisory committee shall be a resident of the city or 18 the unincorporated area of the county where the tax or the tax 19 rate increase was approved. Each individual appointed to the 20 citizen advisory committee for an increase in a county hotel 21 and motel tax to eight percent that includes the imposition 22 of one percentage point of such tax in the incorporated areas 23 of the county, shall be a resident of the county. A vacancy 24 on the citizen advisory committee shall be filled in the same 25 manner as the original appointment. Committee members shall 26 not receive compensation by reason of their membership on the 27 committee. 28 b. The citizen advisory committee shall develop and 29 submit recommendations to the city council or county board 30 of supervisors, as applicable, relating to the use of the 31 increased revenues resulting from the imposition of the tax or 32 the increased tax rate. Recommendations for the use of such 33 increased revenues shall be consistent with the requirements 34 of section 423A.7, subsection 4. The recommendations of the 35 -40- LSB 6264HV (3) 83 tm/jp 40/ 56
H.F. 2531 citizen advisory committee shall not relieve the city or county 1 from compliance with the requirements of section 423A.7, 2 subsection 4. 3 c. If a city or county fails to appoint a citizen advisory 4 committee as required under this subsection, the director of 5 revenue shall not impose the tax, or the increase in the tax 6 rate, notwithstanding subsection 3. The director of revenue 7 shall only impose the tax, or an increase in the tax rate, 8 approved on or after the effective date of this division of 9 this Act on January 1 or July 1, following the appointment of 10 a citizen advisory committee. 11 d. The citizen advisory committee shall be dissolved on 12 the date the tax or the increased tax rate is imposed by the 13 director of revenue. 14 Sec. 99. Section 423A.7, subsection 2, Code 2009, is amended 15 to read as follows: 16 2. All moneys in the local transient guest tax fund shall 17 be remitted at least quarterly by the department, pursuant to 18 rules of the director of revenue, to each city in the amount 19 collected from businesses in that city and to each county in 20 the amount collected from businesses in the unincorporated 21 areas of the county. However, if a county imposes a hotel and 22 motel tax of eight percent and imposes one percentage point of 23 that hotel and motel tax within the incorporated areas of the 24 county pursuant to section 423A.4, subsection 1, the amount 25 collected from businesses within the incorporated areas of the 26 county as the result of the hotel and motel tax imposed by the 27 county shall be remitted by the department to that county. 28 Sec. 100. Section 423A.7, subsection 4, paragraphs a and b, 29 Code 2009, are amended to read as follows: 30 a. (1) Each county or city which levies the tax shall 31 spend at least fifty percent of the revenues derived therefrom 32 for the acquisition of sites for, or constructing, improving, 33 enlarging, equipping, repairing, operating, or maintaining of 34 recreation, convention, cultural, or entertainment facilities 35 -41- LSB 6264HV (3) 83 tm/jp 41/ 56
H.F. 2531 including but not limited to memorial buildings, halls and 1 monuments, civic center convention buildings, auditoriums, 2 coliseums, and parking areas or facilities located at those 3 recreation, convention, cultural, or entertainment facilities 4 or the payment of principal and interest, when due, on bonds 5 or other evidence of indebtedness issued by the county or city 6 for those recreation, convention, cultural, or entertainment 7 facilities; or for the promotion and encouragement of tourist 8 and convention business in the city or county and surrounding 9 areas. 10 (2) Each city imposing a hotel and motel tax of eight 11 percent shall spend at least one-eighth of the revenues derived 12 therefrom for the marketing of community attractions, tourism 13 facilities, and other tourism opportunities located within 14 that city. Each city imposing a hotel and motel tax of nine 15 percent shall spend at least two-ninths of the revenues derived 16 therefrom for the marketing of community attractions, tourism 17 facilities, and other tourism opportunities located within that 18 city. Each county imposing a hotel and motel tax of eight 19 percent shall spend at least one-eighth of the revenues derived 20 therefrom for the marketing of community attractions, tourism 21 facilities, and other tourism opportunities located within that 22 county. 23 b. The remaining revenues , following the expenditures 24 required under paragraph “a” , may be spent by the city or 25 county which levies the tax for any city or county operations 26 authorized by law as a proper purpose for the expenditure 27 within statutory limitations of city or county revenues derived 28 from ad valorem taxes. 29 EXPLANATION 30 This bill makes, reduces, and transfers appropriations, 31 provides for salaries and compensation of state employees, and 32 covers other properly related matters. The bill is organized 33 into divisions. 34 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2011-2012. 35 -42- LSB 6264HV (3) 83 tm/jp 42/ 56
H.F. 2531 Code section 331.439, subsection 3, provides that county mental 1 health, mental retardation, and developmental disabilities 2 (MH/MR/DD) service expenditures for a fiscal year are limited 3 to a fixed budget amount and that the fixed amount is subject 4 to an allowed growth factor adjustment. The allowed growth 5 factor adjustment is to be set by statute enacted during the 6 fiscal year which commences two years from the beginning 7 date of the fiscal year in progress at the time the statute 8 is enacted. The MH/MR/DD/BI commission is required to make 9 a recommendation of the adjustment amount to the governor 10 annually in November and the governor is required to submit a 11 recommendation for the amount to the general assembly at the 12 time the governor’s budget is submitted. The bill provides 13 that for the allowed growth adjustment factor legislation for 14 FY 2011-2012, the governor must submit a recommendation on or 15 before January 11, 2011, and the statute providing the allowed 16 growth factor adjustment is to be enacted within 30 calendar 17 days of the date the 2011 session of the general assembly 18 convenes. 19 STANDING APPROPRIATIONS AND RELATED MATTERS. For the budget 20 process applicable to FY 2011-2012, state agencies are required 21 to submit estimates and other expenditure information as called 22 for by the director of the department of management instead of 23 the information required under Code section 8.23. 24 The division limits the standing unlimited appropriation 25 for FY 2010-2011 for expenses of the general assembly and the 26 legislative agencies. 27 The division limits the standing unlimited appropriation for 28 FY 2010-2011 for payment for nonpublic school transportation. 29 The division limits the standing limited appropriation for FY 30 2010-2011 for operational support grants and community cultural 31 grants, for regional tourism marketing, for the Iowa power 32 fund, for the enforcement of Code chapter 453D relating to 33 tobacco product manufacturers, for the center for congenital 34 and inherited disorders central registry, for primary and 35 -43- LSB 6264HV (3) 83 tm/jp 43/ 56
H.F. 2531 secondary child abuse prevention programs, for programs for 1 at-risk children, and for mental health, mental retardation, 2 and developmental disabilities services property tax relief. 3 The standing appropriation made for state foundation aid 4 allowable growth for schools under Code section 257.16 for 5 fiscal year 2010-2011, is limited to a specific amount. Of 6 that amount, a specific amount is designated for the teacher 7 salary supplements, the professional development supplements, 8 and the early intervention supplement in accordance with Code 9 section 257.10, subsections 9 through 11, and Code section 10 257.37A. 11 The standing appropriation made in Code section 426B.1 for 12 property tax relief through county levies for MH/MR/DD services 13 is revised to eliminate a standing amount of $6.6 million that 14 is designated for the medical assistance (Medicaid) program. 15 The division eliminates for FY 2010-2011 a standing 16 appropriation for instructional support state aid. 17 The division credits to the general fund of the state a 18 portion of federal moneys received by the Iowa veterans home 19 for costs to improve and renovate a medical clinic at the 20 home. These provisions take effect upon enactment and are 21 retroactively applicable to July 1, 2009. 22 For FY 2010-2011, the division funds the following property 23 tax credits from the property tax credit fund created in the 24 bill instead of entirely funding the credits from the general 25 fund of the state: homestead, agricultural land and family 26 farm, military service, and elderly and disabled tax credit 27 and reimbursement. The division appropriates moneys from the 28 general fund and the cash reserve fund for deposit in the 29 property tax credit fund. These provisions take effect upon 30 enactment. 31 The division appropriates moneys from the cash reserve fund 32 to the executive council for FY 2010-2011 for performance of 33 duty by the executive council. The bill requires that such 34 moneys must be used prior to the standing appropriation made 35 -44- LSB 6264HV (3) 83 tm/jp 44/ 56
H.F. 2531 from the general fund for the same purposes. 1 The division provides that certain cash reserve fund 2 requirements do not apply to any appropriations made in the 3 bill from the cash reserve fund. 4 The division provides that the contingent appropriation from 5 the general fund of the state to the cash reserve fund pursuant 6 to Code section 8.57, subsection 1, shall not be made for FY 7 2010-2011. 8 The division provides for the nonreversion of moneys 9 appropriated in 2009 Iowa Acts, chapter 179, for FY 2009-2010 10 from the cash reserve fund to the executive council for 11 performance of duty. This provision takes effect upon 12 enactment. 13 SALARIES, COMPENSATION, AND RELATED MATTERS. This division 14 of the bill relates to the funding for the fiscal year 15 beginning July 1, 2010, of salary increases for appointed 16 nonelected officers, employees subject to collective bargaining 17 agreements, certain noncontract employees, and board of regents 18 employees. 19 For FY 2010-2011 the maximum and minimum salary levels of all 20 pay plans of noncontract state employees shall not increase and 21 shall remain as they exist for FY 2009-2010. The pay levels 22 for noncontract judicial branch employees shall not increase. 23 A supplemental authorization is provided to fund salaries 24 from trust, revolving, and special funds for which the general 25 assembly has established a budget. 26 The division prohibits bonus pay for employees of the 27 executive branch except for employees of the state board of 28 regents, the judicial branch, and the legislative branch, 29 unless the bonus pay is otherwise authorized by law, required 30 pursuant to an employment contract entered into before July 31 1, 2010, or required pursuant to a collective bargaining 32 agreement. 33 The division appropriates all federal grants to and the 34 federal receipts of the agencies affected by this division 35 -45- LSB 6264HV (3) 83 tm/jp 45/ 56
H.F. 2531 which are received and are expended for purposes of this 1 division. 2 The division requires sworn peace officers in the department 3 of public safety who are not covered by a collective bargaining 4 agreement to receive the same per diem meal allowance as 5 the sworn peace officers covered by a collective bargaining 6 agreement. 7 The salary model administrator is required to work in 8 conjunction with the department of management and the 9 legislative services agency to analyze, compare, and project 10 state salary and benefit information. 11 The division adds the position of chief information officer, 12 a position created in 2010 Iowa Acts, Senate File 2088, to 13 salary range 7 for appointed state officers. 14 APPROPRIATION REDUCTIONS. This division of this bill 15 provides that the amounts appropriated from the general fund 16 of the state to the departments and establishments of the 17 executive branch, but not including appropriations to the state 18 board of regents, for operational purposes in enactments made 19 for the fiscal year beginning July 1, 2010, and ending June 20 30, 2011, are reduced by $83,760,500. The division requires 21 the reductions in appropriations to be realized through the 22 implementation of 2010 Iowa Acts, Senate File 2062, relating to 23 early retirement, 2010 Iowa Acts, Senate File 2088, relating 24 to government efficiency, executive order number 20 issued 25 December 16, 2009, and any other efficiency measure. The 26 division requires the department of management to apply the 27 reductions. 28 On or before December 1, 2010, the division requires the 29 department of management to submit a report to the general 30 assembly and the legislative services agency regarding 31 anticipated reductions in appropriations for operational 32 purposes and anticipated reductions in full-time equivalent 33 positions for the fiscal year beginning July 1, 2010, and 34 ending June 30, 2011. The division requires the report to 35 -46- LSB 6264HV (3) 83 tm/jp 46/ 56
H.F. 2531 include a categorization of the reductions. 1 The division, for FY 2010-2011, allows the department of 2 management to transfer up to $5 million from the cash reserve 3 fund for purposes of meeting the appropriation reduction 4 requirements of the division. The division includes reporting 5 requirements. 6 The division appropriates moneys from the general fund of 7 the state to the department of administrative services for 8 implementing the information technology-related provisions of 9 2010 Iowa Acts, Senate File 2088. 10 STATE FINANCIAL MANAGEMENT DUTIES. This division strikes 11 the transfer of state financial management duties from the 12 department of administrative services to the department of 13 management in 2010 Iowa Acts, Senate File 2088. The division 14 also provides that any new financial management duties included 15 in Senate File 2088 relating to establishing a centralized 16 payroll, creating a searchable budget database, and modifying 17 payroll frequency, are included as duties of the department of 18 administrative services. 19 CORRECTIVE PROVISIONS. This division makes corrective 20 changes relating to 2010 enactments and pending legislation. 21 Code section 2.69(3), as enacted by 2010 Iowa Acts, Senate 22 File 2088, section 420, and Code section 97D.4(2), are amended 23 to correctly insert the reference to Code section 2.10 which 24 provides for per diem and expense payments to legislators. 25 Code section 123.43A(1), as enacted by 2010 Iowa Acts, 26 Senate File 2088, section 84, is amended to correctly include 27 the word “otherwise” in the phrase “unless the context 28 otherwise requires”. 29 Code section 162.10D(2), as enacted by 2010 Iowa Acts, House 30 File 2280, section 18, is amended to correct a grammatical 31 construction. 32 Code section 216A.113(1), as enacted by 2010 Iowa Acts, 33 Senate File 2088, section 139, is corrected to refer to the new 34 name of the commission of deaf services within the department 35 -47- LSB 6264HV (3) 83 tm/jp 47/ 56
H.F. 2531 of human rights. 1 Code section 216C.9(1), as amended by 2010 Iowa Acts, 2 Senate File 2202, section 7, is amended to substitute the word 3 “reconstructed” for the word “altered” in reference to required 4 sidewalk ramp modifications, to make the requirement parallel 5 to a similar requirement in the same Code subsection relating 6 to street reconstructions. 7 Code section 256.51(1)(a), as amended by 2010 Iowa Acts, 8 Senate File 2088, section 316, is amended to eliminate the duty 9 of the division of libraries and information services of the 10 department of education to provide information services to the 11 medical community, to coordinate with the discontinuation of 12 the medical library as part of the state library as directed by 13 Senate File 2088. 14 Code section 256F.3(1), as amended by 2010 Iowa Acts, 15 Senate File 2033, section 10, is amended to add a reference 16 to innovation zone schools in order to allow the department 17 of education to monitor the effectiveness of both regular and 18 innovation zone charter schools. Code section 256F.6(3) is 19 also amended in a similar manner to allow the department of 20 education to conduct ongoing reviews of all parties’ compliance 21 with contracts for both regular and innovation zone charter 22 schools. 23 Code section 260C.44, Code 2009, as amended by 2010 Iowa 24 Acts, Senate File 2340, section 35, is amended to correctly 25 refer to the United States department of labor, office of 26 apprenticeship. 27 Code section 298.4(2), as amended by 2010 Iowa Acts, Senate 28 File 2237, section 103, is amended to correct a grammatical 29 construction (singular noun needed). 30 Code section 317.1, as amended by 2010 Iowa Acts, Senate 31 File 2340, section 86, is amended to correct the hierarchical 32 designation of Code section subunits (subsection numbers 33 needed). 34 Code section 321J.2(3)(d)(1,2) is amended to reconcile 35 -48- LSB 6264HV (3) 83 tm/jp 48/ 56
H.F. 2531 the restructuring of Code section 321J.2 made in 2010 Iowa 1 Acts, Senate File 431, with the amendments made to that same 2 Code section in 2010 Iowa Acts, House File 2452 (allowing the 3 department of transportation to issue a temporary restricted 4 license under Code chapter 321J without requiring the court to 5 order the department to do so). The reconciliation provision 6 and the duplicative provision in 2010 Iowa Acts, House File 7 2452, section 3, which is repealed, take effect December 1, 8 2010. 9 Code section 336.4, as amended by 2010 Iowa Acts, Senate File 10 2088, section 323, is amended to substitute the word “reside” 11 for the word “resident” in order to correct the phrase “who 12 reside within the library district”. 13 Code section 435.26B(1)(c), as enacted by 2010 Iowa 14 Acts, Senate File 2199, section 13, is amended to correct a 15 grammatical construction (plural noun needed). 16 Code section 455B.104(4), as enacted by 2010 Iowa Acts, 17 Senate File 2088, section 258, is amended to change the date 18 by which the department of natural resources must submit its 19 greenhouse gas emissions report for the previous calendar year 20 from September 1 to December 31. The change is consistent with 21 an earlier amendment dealing with the same report made in 2010 22 Iowa Acts, Senate File 2243, section 2. 23 Code section 489.116, as amended by 2010 Iowa Acts, House 24 File 2478, section 5, is amended to correctly number the 25 three subsections in that Code section, and references to the 26 subsections of Code section 489.116 are corrected in Code 27 sections 489.1005, 489.1009, and 489.1013. 28 Code section 508C.3(1)(b)(2)(b), as amended by 2010 Iowa 29 Acts, Senate File 2272, is amended to correct a hierarchical 30 Code section subunit reference (subparagraph division reference 31 needed). 32 Code section 514C.26(1)(c)(2)(j), as enacted by 2010 Iowa 33 Acts, House File 2075, section 1, is amended to correct an 34 internal reference to a hierarchical designation of a Code 35 -49- LSB 6264HV (3) 83 tm/jp 49/ 56
H.F. 2531 section subunit (subparagraph division reference needed). 1 Code section 543B.29(1)(e)(2), as enacted by 2010 Iowa Acts, 2 Senate File 2326, section 5, is amended to correct an internal 3 reference to lettered paragraph “e”. 4 Code section 562A.29A(1)(b), as enacted by 2010 Iowa Acts, 5 Senate File 2300, section 3, is amended to correct a reference 6 to a rule of civil procedure (singular noun needed). 7 Code section 685.6(9)(d), as enacted by 2010 Iowa Acts, 8 Senate File 2088, section 343, is amended to correct a 9 reference to the district court of the state (definite article 10 added). 11 Code sections 692A.102 and 901A.1 are amended to refer to a 12 violation of Code section 710.10 as “enticing a minor” rather 13 than “enticing a minor away” to conform to the changes made to 14 Code section 710.10 in 2010 Iowa Acts, House File 2438, section 15 1. The amendments are effective contingent on the enactment of 16 2010 Iowa Acts, House File 2438. 17 Code section 805.6(3)(a), as enacted by 2010 Iowa Acts, 18 Senate File 2340, section 63, is amended to correct a 19 grammatical construction (colon needed). 20 Code section 805.6(7), as amended by 2010 Iowa Acts, Senate 21 File 2340, section 63 (a Code editor’s bill), is amended to 22 conform to the substantive changes to the same language made 23 by, and contingent upon the enactment of, 2010 Iowa Acts, 24 Senate File 2197, section 5. 25 2010 Iowa Acts, House File 2399, section 2, is amended 26 to correct an error in displaying existing Code language 27 in the bill. That bill section inadvertently deleted the 28 word “power” in a reference to a baseload electric power 29 generating facility, and substituted the word “alternative” for 30 “alternate” in a reference to an alternate energy production 31 facility. 32 2010 Iowa Acts, Senate File 2237, section 180, subsection 4, 33 paragraph a, is amended to insert the correct word “through” 34 in a reference to lettered paragraphs that the Code editor is 35 -50- LSB 6264HV (3) 83 tm/jp 50/ 56
H.F. 2531 directed to modify. 1 2010 Iowa Acts, Senate File 2366, section 23(2), if enacted, 2 is amended to correct a reference to the implementation costs 3 of this division of this Act rather than of the entire Act. 4 2010 Iowa Acts, Senate File 431, section 5, if enacted, 5 is amended to correct the amending statement of that section 6 to indicate that only unnumbered paragraph 1 of Code section 7 907.3(3)(c) is being amended. The amendment