Senate
Study
Bill
1219
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
CHAIRPERSON
DVORSKY)
A
BILL
FOR
An
Act
relating
to
the
finances
of
state
and
local
government
1
by
providing
for
funding
of
property
tax
credits
and
2
reimbursements,
by
making
and
adjusting
appropriations,
3
providing
for
salaries
and
compensation
of
state
employees,
4
providing
for
matters
relating
to
tax
credits,
providing
for
5
fees
and
penalties,
providing
for
legal
responsibilities,
6
and
providing
for
properly
related
matters,
and
including
7
effective
date
and
retroactive
and
other
applicability
8
provisions.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
10
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DIVISION
I
1
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
——
FY
2011-2012
2
Section
1.
BUDGET
PROCESS
FOR
FISCAL
YEAR
2012-2013.
3
1.
For
the
budget
process
applicable
to
the
fiscal
year
4
beginning
July
1,
2012,
on
or
before
October
1,
2011,
in
lieu
5
of
the
information
specified
in
section
8.23,
subsection
1
,
6
unnumbered
paragraph
1,
and
paragraph
“a”,
all
departments
and
7
establishments
of
the
government
shall
transmit
to
the
director
8
of
the
department
of
management,
on
blanks
to
be
furnished
by
9
the
director,
estimates
of
their
expenditure
requirements,
10
including
every
proposed
expenditure,
for
the
ensuing
fiscal
11
year,
together
with
supporting
data
and
explanations
as
called
12
for
by
the
director
of
the
department
of
management
after
13
consultation
with
the
legislative
services
agency.
14
2.
The
estimates
of
expenditure
requirements
shall
be
15
in
a
form
specified
by
the
director
of
the
department
of
16
management,
and
the
expenditure
requirements
shall
include
all
17
proposed
expenditures
and
shall
be
prioritized
by
program
or
18
the
results
to
be
achieved.
The
estimates
shall
be
accompanied
19
by
performance
measures
for
evaluating
the
effectiveness
of
the
20
programs
or
results.
21
Sec.
2.
LIMITATION
OF
STANDING
APPROPRIATIONS.
22
Notwithstanding
the
standing
appropriations
in
the
following
23
designated
sections
for
the
fiscal
year
beginning
July
1,
2011,
24
and
ending
June
30,
2012,
the
amounts
appropriated
from
the
25
general
fund
of
the
state
pursuant
to
these
sections
for
the
26
following
designated
purposes
shall
not
exceed
the
following
27
amounts:
28
1.
For
operational
support
grants
and
community
cultural
29
grants
under
section
99F.11,
subsection
3
,
paragraph
“d”,
30
subparagraph
(1):
31
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
416,702
32
2.
For
regional
tourism
marketing
under
section
99F.11,
33
subsection
3
,
paragraph
“d”,
subparagraph
(2):
34
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
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.
.
.
$
810,306
35
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102
S.F.
_____
3.
For
the
center
for
congenital
and
inherited
disorders
1
central
registry
under
section
144.13A,
subsection
4
,
paragraph
2
“a”:
3
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
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.
.
.
.
.
.
.
.
.
.
$
171,121
4
4.
For
primary
and
secondary
child
abuse
prevention
5
programs
under
section
144.13A,
subsection
4
,
paragraph
“a”:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
217,772
7
5.
For
programs
for
at-risk
children
under
section
279.51
:
8
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
$
10,728,891
9
The
amount
of
any
reduction
in
this
subsection
shall
be
10
prorated
among
the
programs
specified
in
section
279.51,
11
subsection
1
,
paragraphs
“a”,
“b”,
and
“c”.
12
6.
For
payment
for
nonpublic
school
transportation
under
13
section
285.2
:
14
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
$
7,060,931
15
If
total
approved
claims
for
reimbursement
for
nonpublic
16
school
pupil
transportation
exceed
the
amount
appropriated
in
17
accordance
with
this
subsection,
the
department
of
education
18
shall
prorate
the
amount
of
each
approved
claim.
19
7.
For
reimbursement
for
the
homestead
property
tax
credit
20
under
section
425.1
:
21
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
$
86,188,387
22
8.
For
reimbursement
for
the
family
farm
and
agricultural
23
land
tax
credits
under
sections
425A.1
and
426.1
:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,395,131
25
9.
For
the
enforcement
of
chapter
453D
relating
to
tobacco
26
product
manufacturers
under
section
453D.8
:
27
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
$
18,416
28
Sec.
3.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
2011-2012.
In
29
lieu
of
the
appropriation
provided
in
section
257.20,
30
subsection
2,
the
appropriation
for
the
fiscal
year
31
beginning
July
1,
2011,
and
ending
June
30,
2012,
for
paying
32
instructional
support
state
aid
under
section
257.20
for
fiscal
33
year
2011-2012
is
zero.
34
Sec.
4.
Section
256.30,
unnumbered
paragraph
1,
Code
2011,
35
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is
amended
by
striking
the
unnumbered
paragraph
and
inserting
1
in
lieu
thereof
the
following:
2
For
the
fiscal
year
beginning
July
1,
2011,
and
ending
3
June
30,
2012,
and
for
each
succeeding
fiscal
year,
there
4
is
appropriated
from
the
general
fund
of
the
state
to
the
5
department
the
sum
of
one
hundred
thousand
dollars.
The
6
department
shall
distribute
the
appropriation
to
the
tribal
7
council
of
the
Sac
and
Fox
Indian
settlement
for
expenses
of
8
educating
American
Indian
children
residing
in
the
Sac
and
Fox
9
Indian
settlement
on
land
held
in
trust
by
the
secretary
of
10
the
interior
of
the
United
States
in
excess
of
federal
moneys
11
paid
to
the
tribal
council
for
educating
the
American
Indian
12
children
when
moneys
are
appropriated
for
that
purpose.
The
13
tribal
council
shall
administer
the
moneys
distributed
pursuant
14
to
this
section
and
shall
submit
an
annual
report
and
other
15
reports
as
required
by
the
department
to
the
department
on
the
16
expenditure
of
the
moneys.
17
Sec.
5.
Section
257.35,
Code
2011,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
5A.
Notwithstanding
subsection
1,
and
in
20
addition
to
the
reduction
applicable
pursuant
to
subsection
21
2,
the
state
aid
for
area
education
agencies
and
the
portion
22
of
the
combined
district
cost
calculated
for
these
agencies
23
for
the
fiscal
year
beginning
July
1,
2011,
and
ending
June
24
30,
2012,
shall
be
reduced
by
the
department
of
management
by
25
twenty
million
dollars.
The
reduction
for
each
area
education
26
agency
shall
be
prorated
based
on
the
reduction
that
the
agency
27
received
in
the
fiscal
year
beginning
July
1,
2003.
28
DIVISION
II
29
SALARIES,
COMPENSATION,
AND
RELATED
MATTERS
——
FY
2011-2012
30
Sec.
6.
APPOINTED
STATE
OFFICERS.
31
1.
The
governor
shall
establish
a
salary
for
appointed
32
nonelected
persons
in
the
executive
branch
of
state
government
33
holding
a
position
enumerated
in
and
within
the
salary
34
ranges
provided
in
2008
Iowa
Acts,
chapter
1191,
section
14,
35
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by
considering,
among
other
items,
the
experience
of
the
1
individual
in
the
position,
changes
in
the
duties
of
the
2
position,
the
incumbent’s
performance
of
assigned
duties,
and
3
subordinates’
salaries.
However,
the
attorney
general
shall
4
establish
the
salary
for
the
consumer
advocate,
the
chief
5
justice
of
the
supreme
court
shall
establish
the
salary
for
the
6
state
court
administrator,
the
ethics
and
campaign
disclosure
7
board
shall
establish
the
salary
of
the
executive
director,
and
8
the
Iowa
public
broadcasting
board
shall
establish
the
salary
9
of
the
administrator
of
the
public
broadcasting
division
of
the
10
department
of
education,
each
within
the
salary
range
provided
11
in
2008
Iowa
Acts,
chapter
1191,
section
14.
12
2.
The
governor,
in
establishing
salaries
as
provided
in
13
this
section,
shall
take
into
consideration
other
employee
14
benefits
which
may
be
provided
for
an
individual
including
but
15
not
limited
to
housing.
16
3.
A
person
whose
salary
is
established
pursuant
to
this
17
section
and
who
is
a
full-time,
year-round
employee
of
the
18
state
shall
not
receive
any
other
remuneration
from
the
state
19
or
from
any
other
source
for
the
performance
of
that
person’s
20
duties
unless
the
additional
remuneration
is
first
approved
by
21
the
governor
or
authorized
by
law.
However,
this
provision
22
does
not
exclude
the
reimbursement
for
necessary
travel
and
23
expenses
incurred
in
the
performance
of
duties
or
fringe
24
benefits
normally
provided
to
employees
of
the
state.
25
Sec.
7.
COLLECTIVE
BARGAINING
AGREEMENTS
FUNDED.
The
26
various
state
departments,
boards,
commissions,
councils,
27
and
agencies,
including
the
state
board
of
regents,
for
28
the
fiscal
year
beginning
July
1,
2011,
and
ending
June
30,
29
2012,
shall
provide
from
available
sources
pay
adjustments,
30
expense
reimbursements,
and
related
benefits
to
fully
fund
the
31
following:
32
1.
The
collective
bargaining
agreement
negotiated
pursuant
33
to
chapter
20
for
employees
in
the
blue
collar
bargaining
unit.
34
2.
The
collective
bargaining
agreement
negotiated
pursuant
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to
chapter
20
for
employees
in
the
public
safety
bargaining
1
unit.
2
3.
The
collective
bargaining
agreement
negotiated
pursuant
3
to
chapter
20
for
employees
in
the
security
bargaining
unit.
4
4.
The
collective
bargaining
agreement
negotiated
pursuant
5
to
chapter
20
for
employees
in
the
technical
bargaining
unit.
6
5.
The
collective
bargaining
agreement
negotiated
pursuant
7
to
chapter
20
for
employees
in
the
professional
fiscal
and
8
staff
bargaining
unit.
9
6.
The
collective
bargaining
agreement
negotiated
pursuant
10
to
chapter
20
for
employees
in
the
clerical
bargaining
unit.
11
7.
The
collective
bargaining
agreement
negotiated
pursuant
12
to
chapter
20
for
employees
in
the
professional
social
services
13
bargaining
unit.
14
8.
The
collective
bargaining
agreement
negotiated
pursuant
15
to
chapter
20
for
employees
in
the
community-based
corrections
16
bargaining
unit.
17
9.
The
collective
bargaining
agreements
negotiated
18
pursuant
to
chapter
20
for
employees
in
the
judicial
branch
of
19
government
bargaining
units.
20
10.
The
collective
bargaining
agreement
negotiated
pursuant
21
to
chapter
20
for
employees
in
the
patient
care
bargaining
22
unit.
23
11.
The
collective
bargaining
agreement
negotiated
pursuant
24
to
chapter
20
for
employees
in
the
science
bargaining
unit.
25
12.
The
collective
bargaining
agreement
negotiated
pursuant
26
to
chapter
20
for
employees
in
the
university
of
northern
Iowa
27
faculty
bargaining
unit.
28
13.
The
collective
bargaining
agreement
negotiated
pursuant
29
to
chapter
20
for
employees
in
the
state
university
of
Iowa
30
graduate
student
bargaining
unit.
31
14.
The
collective
bargaining
agreement
negotiated
pursuant
32
to
chapter
20
for
employees
in
the
state
university
of
Iowa
33
hospital
and
clinics
tertiary
health
care
bargaining
unit.
34
15.
The
annual
pay
adjustments,
related
benefits,
and
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expense
reimbursements
referred
to
in
the
sections
of
this
1
division
of
this
Act
addressing
noncontract
state
and
state
2
board
of
regents
employees
who
are
not
covered
by
a
collective
3
bargaining
agreement.
4
Sec.
8.
STATE
EMPLOYEES
——
STATE
BOARD
OF
REGENTS.
For
5
the
fiscal
year
beginning
July
1,
2011,
and
ending
June
30,
6
2012,
funds
shall
be
provided
from
available
sources
of
the
7
state
board
of
regents
for
funding
of
collective
bargaining
8
agreements
for
state
board
of
regents
employees
covered
by
9
such
agreements
and
for
the
following
state
board
of
regents
10
employees
not
covered
by
a
collective
bargaining
agreement:
11
1.
Regents
merit
system
employees
and
merit
supervisory
12
employees.
13
2.
Faculty
members
and
professional
and
scientific
14
employees.
15
Sec.
9.
BONUS
PAY.
For
the
fiscal
year
beginning
July
1,
16
2011,
and
ending
June
30,
2012,
employees
of
the
executive
17
branch,
judicial
branch,
and
legislative
branch
shall
not
18
receive
bonus
pay
unless
otherwise
authorized
by
law,
required
19
pursuant
to
a
contract
of
employment
entered
into
before
July
20
1,
2011,
or
required
pursuant
to
a
collective
bargaining
21
agreement.
This
section
does
not
apply
to
employees
of
the
22
state
board
of
regents.
For
purposes
of
this
section,
“bonus
23
pay”
means
any
additional
remuneration
provided
an
employee
in
24
the
form
of
a
bonus,
including
but
not
limited
to
a
retention
25
bonus,
recruitment
bonus,
exceptional
job
performance
pay,
26
extraordinary
job
performance
pay,
exceptional
performance
pay,
27
extraordinary
duty
pay,
or
extraordinary
or
special
duty
pay,
28
and
any
extra
benefit
not
otherwise
provided
to
other
similarly
29
situated
employees.
30
Sec.
10.
STATE
TROOPER
MEAL
ALLOWANCE.
For
the
fiscal
31
year
beginning
July
1,
2011,
the
sworn
peace
officers
in
the
32
department
of
public
safety
who
are
not
covered
by
a
collective
33
bargaining
agreement
negotiated
pursuant
to
chapter
20
shall
34
receive
the
same
per
diem
meal
allowance
as
the
sworn
peace
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officers
in
the
department
of
public
safety
who
are
covered
1
by
a
collective
bargaining
agreement
negotiated
pursuant
to
2
chapter
20.
3
Sec.
11.
SALARY
MODEL
ADMINISTRATOR.
The
salary
model
4
administrator
shall
work
in
conjunction
with
the
legislative
5
services
agency
to
maintain
the
state’s
salary
model
used
for
6
analyzing,
comparing,
and
projecting
state
employee
salary
7
and
benefit
information,
including
information
relating
to
8
employees
of
the
state
board
of
regents.
The
department
of
9
revenue,
the
department
of
administrative
services,
the
five
10
institutions
under
the
jurisdiction
of
the
state
board
of
11
regents,
the
judicial
district
departments
of
correctional
12
services,
and
the
state
department
of
transportation
shall
13
provide
salary
data
to
the
department
of
management
and
the
14
legislative
services
agency
to
operate
the
state’s
salary
15
model.
The
format
and
frequency
of
provision
of
the
salary
16
data
shall
be
determined
by
the
department
of
management
and
17
the
legislative
services
agency.
The
information
shall
be
18
used
in
collective
bargaining
processes
under
chapter
20
and
19
in
calculating
the
funding
needs
contained
within
the
annual
20
salary
adjustment
legislation.
A
state
employee
organization
21
as
defined
in
section
20.3,
subsection
4,
may
request
22
information
produced
by
the
model,
but
the
information
provided
23
shall
not
contain
information
attributable
to
individual
24
employees.
25
DIVISION
III
26
PERFORMANCE
OF
DUTY
27
Sec.
12.
Section
7D.10,
Code
2011,
is
amended
to
read
as
28
follows:
29
7D.10
Court
costs.
30
If
sufficient
funds
for
court
costs
have
not
been
31
appropriated
to
a
state
department,
or
if
sufficient
funds
are
32
not
otherwise
available
for
such
purposes
within
the
budget
33
of
a
state
department,
the
executive
council
may
pay,
out
of
34
any
money
in
the
state
treasury
not
otherwise
appropriated,
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authorize,
in
accordance
with
section
7D.29,
payment
of
1
the
expenses
incurred,
or
costs
taxed
to
the
state,
in
any
2
proceeding
brought
by
or
against
any
of
the
state
departments
3
or
in
which
the
state
is
a
party
or
is
interested.
This
section
4
shall
not
be
construed
to
authorize
the
payment
of
travel
or
5
other
personal
expenses
of
state
officers
or
employees.
6
Sec.
13.
Section
7D.10A,
as
amended
by
2011
Iowa
Acts,
7
Senate
File
478,
section
11,
as
enacted,
is
amended
to
read
as
8
follows:
9
7D.10A
Allocation
Payment
to
livestock
remediation
fund.
10
If
moneys
are
not
sufficient
to
support
the
livestock
11
remediation
fund
as
provided
in
chapter
459,
subchapter
V
,
the
12
executive
council
may
allocate
from
moneys
in
the
general
fund
13
of
the
state,
which
are
not
otherwise
obligated
or
encumbered,
14
authorize
as
an
expense
subject
to
section
7D.29
the
payment
15
of
an
amount
to
the
livestock
remediation
fund
as
provided
16
under
section
459.501
,
subsection
5
.
However,
not
more
than
a
17
total
of
one
million
dollars
shall
be
allocated
shall
be
paid
18
pursuant
to
this
section
to
the
livestock
remediation
fund
at
19
any
time.
20
Sec.
14.
Section
7D.29,
Code
2011,
is
amended
to
read
as
21
follows:
22
7D.29
Performance
of
duty
——
expense.
23
1.
The
executive
council
shall
not
employ
others,
or
incur
24
authorize
any
expense,
for
the
purpose
of
performing
any
duty
25
imposed
upon
the
council
when
the
duty
may,
without
neglect
26
of
their
usual
duties,
be
performed
by
the
members,
or
by
27
their
regular
employees,
but,
subject
to
this
limitation,
the
28
council
may
incur
authorize
the
necessary
expense
to
perform
or
29
cause
to
be
performed
any
legal
duty
imposed
on
the
council
,
30
and
pay
the
same
out
of
any
money
in
the
state
treasury
not
31
otherwise
appropriated
.
Such
expenses
authorized
by
the
32
executive
council
in
accordance
with
this
section
shall
be
paid
33
as
follows:
34
a.
From
the
appropriation
made
from
the
Iowa
economic
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emergency
fund
in
section
8.55
for
purposes
of
paying
the
1
expenses
authorized
by
the
executive
council
under
this
2
section.
3
b.
To
the
extent
the
appropriation
from
the
Iowa
economic
4
emergency
fund
described
in
paragraph
“a”
is
insufficient
to
5
pay
the
expenses
authorized
by
the
executive
council
under
this
6
section,
there
is
appropriated
from
moneys
in
the
general
fund
7
of
the
state
not
otherwise
appropriated
the
amount
necessary
to
8
fund
the
insufficiency.
9
2.
At
least
two
weeks
prior
to
the
executive
council’s
10
approval
of
a
payment
authorization
under
this
section
,
11
the
secretary
of
the
executive
council
shall
notify
the
12
legislative
services
agency
that
the
authorization
request
13
will
be
considered
by
the
executive
council
and
shall
provide
14
background
information
justifying
the
request.
15
3.
The
executive
council
shall
receive
requests
from
the
16
Iowa
department
of
public
health
relative
to
the
purchase,
17
storing,
and
distribution
of
vaccines
and
medication
for
18
prevention,
prophylaxis,
or
treatment.
Upon
review
and
after
19
compliance
with
subsection
2
,
the
executive
council
may
approve
20
the
request
and
may
incur
authorize
payment
of
the
necessary
21
expense
and
pay
the
same
out
of
any
money
in
the
state
treasury
22
not
otherwise
appropriated
.
The
expense
authorized
by
the
23
executive
council
under
this
subsection
shall
be
paid
from
the
24
appropriations
referred
to
in
subsection
1.
25
Sec.
15.
Section
7D.30,
Code
2011,
is
amended
to
read
as
26
follows:
27
7D.30
Necessary
record.
28
Before
incurring
authorizing
any
expense
authorized
by
in
29
accordance
with
section
7D.29
,
the
executive
council
shall,
30
in
each
case,
by
resolution,
entered
upon
its
records,
set
31
forth
the
necessity
for
incurring
authorizing
such
expense,
32
the
special
fitness
of
the
one
employed
to
perform
such
work,
33
the
definite
rate
of
compensation
or
salary
allowed,
and
the
34
total
amount
of
money
that
may
be
expended.
Compensation
or
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salary
for
personal
services
in
such
cases
must
be
determined
1
by
unanimous
vote
of
all
members
of
the
council.
2
Sec.
16.
Section
8.55,
subsection
3,
paragraph
a,
Code
2011,
3
is
amended
to
read
as
follows:
4
a.
Except
as
provided
in
paragraphs
“b”
,
and
“c”
,
and
5
“0d”
,
the
moneys
in
the
Iowa
economic
emergency
fund
shall
6
only
be
used
pursuant
to
an
appropriation
made
by
the
general
7
assembly.
An
appropriation
shall
only
be
made
for
the
fiscal
8
year
in
which
the
appropriation
is
made.
The
moneys
shall
9
only
be
appropriated
by
the
general
assembly
for
emergency
10
expenditures.
11
Sec.
17.
Section
8.55,
subsection
3,
Code
2011,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
0d.
There
is
appropriated
from
the
Iowa
14
economic
emergency
fund
to
the
executive
council
an
amount
15
sufficient
to
pay
the
expenses
authorized
by
the
executive
16
council
in
accordance
with
section
7D.29.
17
Sec.
18.
Section
8A.321,
subsection
4,
Code
2011,
is
amended
18
to
read
as
follows:
19
4.
Contract,
with
the
approval
of
the
executive
council,
20
for
the
repair,
remodeling,
or,
if
the
condition
warrants,
21
demolition
of
all
buildings
and
grounds
of
the
state
at
22
the
seat
of
government,
at
the
state
laboratories
facility
23
in
Ankeny,
and
the
institutions
of
the
department
of
human
24
services
and
the
department
of
corrections
for
which
no
25
specific
appropriation
has
been
made,
if
the
cost
of
repair,
26
remodeling,
or
demolition
will
not
exceed
one
hundred
thousand
27
dollars
when
completed.
The
cost
of
repair
projects
for
which
28
no
specific
appropriation
has
been
made
shall
be
paid
from
29
the
fund
as
an
expense
authorized
by
the
executive
council
as
30
provided
in
section
7D.29
.
31
Sec.
19.
Section
8A.321,
subsection
6,
paragraphs
a
and
b,
32
Code
2011,
are
amended
to
read
as
follows:
33
a.
Lease
all
buildings
and
office
space
necessary
to
34
carry
out
the
provisions
of
this
subchapter
or
necessary
for
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the
proper
functioning
of
any
state
agency
at
the
seat
of
1
government.
For
state
agencies
at
the
seat
of
government,
the
2
director
may
lease
buildings
and
office
space
in
Polk
county
3
or
in
a
county
contiguous
to
Polk
county.
If
no
specific
4
appropriation
has
been
made,
the
proposed
lease
shall
be
5
submitted
to
the
executive
council
for
approval
authorization
6
as
an
expense
in
accordance
with
section
7D.29
.
The
cost
of
7
any
lease
for
which
no
specific
appropriation
has
been
made
8
shall
be
paid
from
the
fund
provided
in
section
7D.29
.
9
b.
When
the
general
assembly
is
not
in
session,
the
10
director
may
request
moneys
from
the
executive
council
for
11
moving
state
agencies
located
at
the
seat
of
government
from
12
one
location
to
another.
The
request
may
include
moving
13
costs,
telecommunications
costs,
repair
costs,
or
any
other
14
costs
relating
to
the
move.
The
executive
council
may
approve
15
and
shall
pay
the
costs
from
funds
authorize
the
expenses
16
as
provided
in
section
7D.29
if
it
determines
the
agency
or
17
department
has
no
available
does
not
have
funds
available
for
18
these
expenses.
19
Sec.
20.
Section
11.32,
as
amended
by
2011
Iowa
Acts,
20
House
File
536,
section
26,
as
enacted,
is
amended
to
read
as
21
follows:
22
11.32
Certified
accountants
employed.
23
Nothing
in
this
chapter
shall
prohibit
the
auditor
of
state,
24
with
the
prior
written
permission
of
the
state
executive
25
council,
from
employing
certified
public
accountants
for
26
specific
assignments.
The
auditor
of
state
may
employ
such
27
accountants
for
any
assignment
now
expressly
reserved
to
the
28
auditor
of
state.
Payments,
after
approval
by
the
executive
29
council,
will
shall
be
made
to
the
accountants
so
employed
from
30
funds
from
which
the
auditor
of
state
would
have
been
paid
had
31
the
auditor
of
state
performed
the
assignment,
or
if
no
such
32
specific
funds
are
indicated
not
available
,
then
payment
will
33
be
made
from
the
funds
of
authorization
of
the
expense
by
the
34
executive
council
shall
be
requested
in
accordance
with
section
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7D.29
.
1
Sec.
21.
Section
13.3,
subsection
2,
Code
2011,
is
amended
2
to
read
as
follows:
3
2.
If
the
governor
or
a
department
is
represented
by
an
4
attorney
other
than
the
attorney
general
in
a
court
proceeding
5
as
provided
in
this
section
,
at
the
conclusion
of
the
court
6
proceedings,
the
court
shall
review
the
fees
charged
to
the
7
state
to
determine
if
the
fees
are
fair
and
reasonable.
The
8
executive
council
shall
not
reimburse
authorize
reimbursement
9
of
attorney
fees
in
excess
of
those
determined
by
the
court
to
10
be
fair
and
reasonable.
11
Sec.
22.
Section
13.7,
Code
2011,
is
amended
to
read
as
12
follows:
13
13.7
Special
counsel.
14
Compensation
shall
not
be
allowed
to
any
person
for
services
15
as
an
attorney
or
counselor
to
an
executive
department
of
16
the
state
government,
or
the
head
thereof
of
an
executive
17
department
of
state
government
,
or
to
a
state
board
or
18
commission.
However,
the
executive
council
may
employ
19
legal
assistance,
at
a
reasonable
compensation,
authorized
20
as
an
expense
under
section
7D.29,
in
a
pending
action
or
21
proceeding
to
protect
the
interests
of
the
state,
but
only
22
upon
a
sufficient
showing,
in
writing,
made
by
the
attorney
23
general,
that
the
department
of
justice
cannot
for
reasons
24
stated
by
the
attorney
general
perform
the
service
,
which
.
25
The
reasons
and
action
of
the
council
shall
be
entered
upon
26
its
records.
When
If
the
attorney
general
determines
that
27
the
department
of
justice
cannot
perform
legal
service
in
an
28
action
or
proceeding,
the
executive
council
shall
request
the
29
department
involved
in
the
action
or
proceeding
to
recommend
30
legal
counsel
to
represent
the
department.
If
the
attorney
31
general
concurs
with
the
department
that
the
person
recommended
32
is
qualified
and
suitable
to
represent
the
department,
the
33
person
recommended
shall
be
employed.
If
the
attorney
general
34
does
not
concur
in
the
recommendation,
the
department
shall
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submit
a
new
recommendation.
This
section
does
not
affect
the
1
general
counsel
for
the
utilities
board
of
the
department
of
2
commerce,
the
legal
counsel
of
the
department
of
workforce
3
development,
or
the
general
counsel
for
the
property
assessment
4
appeal
board.
5
Sec.
23.
Section
29A.27,
unnumbered
paragraph
8,
Code
2011,
6
is
amended
to
read
as
follows:
7
All
payments
herein
provided
for
under
this
section
shall
8
be
paid
on
the
approval
of
the
adjutant
general
from
the
9
contingent
fund
of
the
executive
council
created
in
section
10
29C.20
.
11
Sec.
24.
Section
29C.8,
subsection
3,
paragraph
f,
12
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
13
(3)
Upon
notification
of
a
compensable
loss
to
a
member
of
14
a
homeland
security
and
emergency
management
response
team,
the
15
department
of
administrative
services
shall
process
the
claim
16
and
seek
funding
authorization
from
the
executive
council
for
17
to
pay
as
an
expense
under
section
7D.29
those
costs
associated
18
with
covered
benefits.
19
Sec.
25.
Section
29C.20,
subsection
1,
paragraph
a,
20
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
21
follows:
22
A
contingent
fund
is
created
in
the
state
treasury
for
the
23
use
of
the
executive
council
which
.
Funding
for
the
contingent
24
fund
shall
be
an
authorized
expense
by
the
executive
council
25
under
section
7D.29.
Moneys
in
the
contingent
fund
may
be
26
expended
for
the
following
purposes:
27
Sec.
26.
Section
96.13,
subsection
3,
paragraph
c,
Code
28
2011,
is
amended
to
read
as
follows:
29
c.
The
department
may
appear
before
the
executive
council
30
and
request
funds
authorization
of
moneys
to
meet
unanticipated
31
emergencies
as
an
expense
under
section
7D.29
.
32
Sec.
27.
Section
135.143,
subsection
5,
Code
2011,
is
33
amended
to
read
as
follows:
34
5.
Upon
notification
of
a
compensable
loss,
the
department
35
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of
administrative
services
shall
seek
funding
authorization
1
from
the
executive
council
for
to
pay
as
an
expense
under
2
section
7D.29
those
costs
associated
with
covered
workers’
3
compensation
benefits.
4
Sec.
28.
Section
135.144,
subsection
11,
Code
2011,
is
5
amended
to
read
as
follows:
6
11.
If
a
public
health
disaster
or
other
public
health
7
emergency
situation
exists
which
poses
an
imminent
threat
8
to
the
public
health,
safety,
and
welfare,
the
department,
9
in
conjunction
with
the
governor,
may
provide
financial
10
assistance,
from
funds
appropriated
to
the
department
that
are
11
not
otherwise
encumbered,
to
political
subdivisions
as
needed
12
to
alleviate
the
disaster
or
the
emergency.
If
the
department
13
does
not
have
sufficient
unencumbered
funds,
the
governor
may
14
request
that
the
executive
council
,
pursuant
to
the
authority
15
of
section
7D.29
,
commit
sufficient
funds,
to
authorize
the
16
payment
of
up
to
one
million
dollars
,
that
are
not
otherwise
17
encumbered
from
the
general
fund,
as
needed
and
available,
for
18
as
an
expense
under
section
7D.29
to
alleviate
the
disaster
or
19
the
emergency.
If
additional
financial
assistance
is
required
20
in
excess
of
one
million
dollars,
approval
by
the
legislative
21
council
is
also
required.
22
Sec.
29.
Section
163.3A,
subsection
4,
paragraph
b,
Code
23
2011,
is
amended
to
read
as
follows:
24
b.
The
department
shall
provide
and
update
a
list
of
25
the
registered
members
of
each
emergency
response
team,
26
including
the
members’
names
and
identifying
information,
to
27
the
department
of
administrative
services.
Upon
notification
28
of
a
compensable
loss
suffered
by
a
registered
member,
the
29
department
of
administrative
services
shall
seek
funding
30
authorization
from
the
executive
council
for
to
pay
as
an
31
expense
under
section
7D.29
those
costs
associated
with
covered
32
benefits.
33
Sec.
30.
Section
163.10,
Code
2011,
is
amended
to
read
as
34
follows:
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163.10
Quarantining
or
destroying
animals.
1
The
department
may
quarantine
or
destroy
any
animal
exposed
2
to
or
afflicted
with
an
infectious
or
contagious
disease.
3
However,
cattle
exposed
to
or
infected
with
tuberculosis
shall
4
not
be
destroyed
without
the
owner’s
consent,
unless
there
are
5
sufficient
moneys
to
reimburse
the
owner
for
the
cattle,
which
6
may
be
paid
from
the
appropriation
as
an
expense
authorized
7
under
section
7D.29
as
provided
in
section
163.15
,
from
moneys
8
in
the
brucellosis
and
tuberculosis
eradication
fund
created
9
in
section
165.18
,
or
from
moneys
made
available
by
the
United
10
States
department
of
agriculture.
11
Sec.
31.
Section
163.15,
subsection
2,
paragraph
a,
12
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
13
(3)
A
claim
for
an
indemnity
by
the
owner
and
a
claim
for
14
compensation
and
expenses
by
the
appraisers
shall
be
filed
with
15
the
department
and
submitted
by
the
secretary
of
agriculture
16
to
the
executive
council
for
its
approval
or
disapproval
17
authorization
of
payment
of
the
claim
as
an
expense
under
18
section
7D.29
.
19
Sec.
32.
Section
163.15,
subsection
2,
paragraph
a,
20
subparagraph
(4),
Code
2011,
is
amended
by
striking
the
21
subparagraph.
22
Sec.
33.
Section
163.15,
subsection
2,
paragraph
b,
23
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
24
follows:
25
A
formula
established
by
rule
adopted
by
the
department
that
26
is
effective
as
determined
by
the
department
in
accordance
27
with
chapter
17A
and
applicable
upon
approval
of
the
plan
28
program
of
eradication
approved
by
the
executive
council.
29
The
formula
shall
be
applicable
to
indemnify
owners
if
the
30
executive
council,
upon
recommendation
by
the
secretary
of
31
agriculture,
determines
that
an
animal
population
in
this
state
32
is
threatened
with
infection
from
an
exceptionally
contagious
33
disease.
34
Sec.
34.
Section
163.15,
subsection
2,
paragraph
b,
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subparagraph
(4),
Code
2011,
is
amended
to
read
as
follows:
1
(4)
Upon
approval
by
the
The
executive
council
,
there
is
2
appropriated
to
the
department
from
any
moneys
in
the
general
3
fund
of
the
state
not
otherwise
appropriated
moneys
sufficient
4
to
carry
out
the
may
authorize
payment
under
the
provisions
of
5
this
paragraph
“b”
as
an
expense
under
section
7D.29
.
6
Sec.
35.
Section
307.45,
subsection
3,
Code
2011,
is
amended
7
to
read
as
follows:
8
3.
Assessments
against
property
owned
by
the
state
and
9
not
under
the
jurisdiction
and
control
of
the
department’s
10
administrator
of
highways
shall
be
made
in
the
same
manner
11
as
those
made
against
private
property
and
payment
shall
12
be
made
paid
as
an
expense
under
section
7D.29,
subject
to
13
authorization
by
the
executive
council
from
any
funds
of
the
14
state
not
otherwise
appropriated
.
15
Sec.
36.
Section
384.56,
subsection
1,
Code
2011,
is
amended
16
to
read
as
follows:
17
1.
Cities
may
assess
the
cost
of
a
public
improvement
which
18
extends
through,
abuts
upon,
or
is
adjacent
to
lands
owned
by
19
the
state,
and
the
executive
council
shall
pay
payment
for
the
20
assessable
portion
of
the
cost
of
the
improvement
through
or
21
along
the
lands
as
provided
shall
be
subject
to
authorization
22
by
the
executive
council
as
an
expense
under
section
7D.29
.
23
The
executive
council
shall
pay
assessments
as
and
payable
in
24
the
manner
provided
in
section
307.45
for
property
owned
by
the
25
state
and
not
under
the
jurisdiction
and
control
of
the
state
26
department
of
transportation
.
27
Sec.
37.
Section
459.501,
subsection
5,
as
amended
by
2011
28
Iowa
Acts,
Senate
File
478,
section
1,
as
enacted,
is
amended
29
to
read
as
follows:
30
5.
The
following
shall
apply
to
moneys
in
the
fund:
31
a.
(1)
The
executive
council
may
allocate
moneys
from
the
32
general
fund
of
the
state
as
authorize
payment
of
moneys
as
33
an
expense
under
section
7D.29
and
in
the
manner
provided
in
34
section
7D.10A
in
an
amount
necessary
to
support
the
fund,
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including
the
following:
1
(a)
The
payment
of
claims
as
provided
in
section
459.505
.
2
(b)
The
allocation
of
moneys
to
the
department
of
3
agriculture
and
land
stewardship
for
the
payment
of
expenses
4
incurred
by
the
department
of
agriculture
and
land
stewardship
5
associated
with
providing
for
the
sustenance
and
disposition
of
6
livestock
pursuant
to
chapter
717
.
7
(2)
Notwithstanding
subparagraph
(1),
the
allocation
of
8
moneys
from
the
general
fund
of
the
state
executive
council’s
9
authorization
for
payment
shall
be
made
provided
only
if
the
10
amount
of
moneys
in
the
fund,
which
are
not
obligated
or
11
encumbered,
and
not
counting
the
department’s
estimate
of
the
12
cost
to
the
fund
for
pending
or
unsettled
claims,
the
amount
13
to
be
allocated
to
the
department
of
agriculture
and
land
14
stewardship,
and
any
amount
required
to
be
credited
to
the
15
general
fund
of
the
state
under
this
subsection
,
is
less
than
16
one
million
dollars.
17
b.
The
department
of
natural
resources
shall
credit
an
18
amount
to
the
general
fund
of
the
state
from
which
the
expense
19
authorized
by
the
executive
council
as
provided
in
paragraph
20
“a”
was
appropriated
which
is
equal
to
an
amount
allocated
to
21
support
the
livestock
remediation
fund
by
the
executive
council
22
under
paragraph
“a”
.
The
However,
the
department
shall
only
be
23
required
to
credit
the
moneys
to
the
general
such
fund
of
the
24
state
if
the
moneys
in
the
livestock
remediation
fund
which
are
25
not
obligated
or
encumbered,
and
not
counting
the
department’s
26
estimate
of
the
cost
to
the
livestock
remediation
fund
for
27
pending
or
unsettled
claims,
the
amount
to
be
allocated
to
the
28
department
of
agriculture
and
land
stewardship,
and
any
amount
29
required
to
be
transferred
to
the
general
fund
under
from
which
30
appropriated
as
described
in
this
paragraph,
are
in
excess
of
31
two
million
five
hundred
thousand
dollars.
The
department
is
32
not
required
to
credit
the
total
amount
to
the
general
fund
33
of
the
state
from
which
appropriated
as
described
in
this
34
paragraph
during
any
one
fiscal
year.
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Sec.
38.
Section
468.43,
unnumbered
paragraph
4,
Code
2011,
1
is
amended
to
read
as
follows:
2
The
assessments
against
lands
under
the
jurisdiction
of
the
3
department
of
natural
resources
shall
be
paid
as
an
expense
4
under
section
7D.29,
if
authorized
by
the
executive
council
5
upon
certification
of
the
amount
by
the
county
treasurer.
6
There
is
appropriated
from
any
funds
in
the
general
fund
of
the
7
state
not
otherwise
appropriated
amounts
sufficient
to
pay
the
8
certified
assessments.
9
Sec.
39.
Section
568.16,
Code
2011,
is
amended
to
read
as
10
follows:
11
568.16
Purchase
money
refunded.
12
If
the
grantee
of
the
state,
or
the
grantee’s
successors,
13
administrators,
or
assigns,
shall
be
deprived
of
the
land
14
conveyed
by
the
state
under
this
chapter
by
the
final
decree
15
of
a
court
of
record
for
the
reason
that
the
conveyance
by
the
16
state
passed
no
title
whatever
to
the
land
therein
did
not
pass
17
title
to
the
land
described,
because
title
thereto
to
the
land
18
had
previously
for
any
reason
been
vested
in
others,
then
the
19
money
so
paid
by
the
state
for
the
said
land
shall
be
refunded
20
by
the
state
to
the
person
or
persons
entitled
thereto
to
the
21
refund
,
provided
the
said
grantee,
or
the
grantee’s
successors,
22
administrators,
or
assigns,
shall
file
a
certified
copy
of
23
the
transcript
of
the
said
final
decree
with
the
executive
24
council
within
one
year
from
the
date
of
the
issuance
of
25
such
decree,
and
shall
also
file
satisfactory
proof
with
the
26
executive
council
that
the
action
over
the
title
to
the
land
27
was
commenced
within
ten
years
from
the
date
of
the
issuance
of
28
patent
or
deed
by
the
state.
The
amount
of
money
to
be
refunded
29
under
the
provisions
of
this
section
shall
be
certified
30
authorized
and
paid
by
the
executive
council
to
the
director
31
of
the
department
of
administrative
services,
who
shall
draw
a
32
warrant
therefor,
and
the
same
shall
be
paid
out
of
the
general
33
fund
as
an
expense
under
section
7D.29
.
34
Sec.
40.
Section
602.10133,
Code
2011,
is
amended
to
read
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as
follows:
1
602.10133
Costs
and
expenses.
2
The
court
costs
incident
to
such
proceedings
,
and
the
3
reasonable
expense
of
said
the
judges
in
attending
said
the
4
hearing
after
being
approved
by
the
supreme
court
shall
be
paid
5
as
court
costs
an
expense
authorized
by
the
executive
council
6
under
section
7D.29
.
7
Sec.
41.
Section
663.44,
Code
2011,
is
amended
to
read
as
8
follows:
9
663.44
Costs.
10
1.
If
the
plaintiff
is
discharged,
the
costs
shall
be
11
assessed
to
the
defendant,
unless
the
defendant
is
an
officer
12
holding
the
plaintiff
in
custody
under
a
commitment,
or
under
13
other
legal
process,
in
which
case
the
costs
shall
be
assessed
14
to
the
county.
If
the
plaintiff’s
application
is
refused,
15
the
costs
shall
be
assessed
against
the
plaintiff,
and,
in
16
the
discretion
of
the
court,
against
the
person
who
filed
the
17
petition
in
the
plaintiff’s
behalf.
18
2.
However,
where
Notwithstanding
subsection
1,
if
19
the
plaintiff
is
confined
in
any
state
institution
,
and
is
20
discharged
in
habeas
corpus
proceedings,
or
where
if
the
habeas
21
corpus
proceedings
fail
,
and
costs
and
fees
cannot
be
collected
22
from
the
person
liable
to
pay
the
same
costs
and
fees
,
such
23
the
costs
and
fees
shall
be
paid
by
the
county
in
which
such
24
state
institution
is
located.
The
facts
of
such
payment
and
25
the
proceedings
on
which
it
is
based,
with
a
statement
of
the
26
amount
of
fees
or
costs
incurred,
with
approval
in
writing
by
27
the
presiding
judge
appended
to
such
the
statement
or
endorsed
28
thereon
on
the
statement
,
shall
then
be
certified
by
the
clerk
29
of
the
district
court
under
the
seal
of
office
to
the
state
30
executive
council.
The
executive
council
shall
then
review
31
the
proceedings
and
authorize
reimbursement
,
as
expenses
under
32
section
7D.29,
for
all
such
fees
and
costs
or
such
part
thereof
33
of
the
fees
and
costs
as
the
executive
council
shall
find
finds
34
justified,
and
shall
notify
the
director
of
the
department
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of
administrative
services
to
draw
a
warrant
to
such
county
1
treasurer
on
the
state
general
fund
in
accordance
with
section
2
7D.29
for
the
amount
authorized.
The
costs
and
fees
referred
3
to
above
shall
include
any
award
of
fees
made
to
a
court
4
appointed
attorney
representing
an
indigent
party
bringing
the
5
habeas
corpus
action.
6
DIVISION
IV
7
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
——
FY
2012-2013
8
Sec.
42.
BUDGET
PROCESS
FOR
FISCAL
YEAR
2013-2014.
9
1.
For
the
budget
process
applicable
to
the
fiscal
year
10
beginning
July
1,
2013,
on
or
before
October
1,
2012,
in
lieu
11
of
the
information
specified
in
section
8.23,
subsection
1
,
12
unnumbered
paragraph
1,
and
paragraph
“a”,
all
departments
and
13
establishments
of
the
government
shall
transmit
to
the
director
14
of
the
department
of
management,
on
blanks
to
be
furnished
by
15
the
director,
estimates
of
their
expenditure
requirements,
16
including
every
proposed
expenditure,
for
the
ensuing
fiscal
17
year,
together
with
supporting
data
and
explanations
as
called
18
for
by
the
director
of
the
department
of
management
after
19
consultation
with
the
legislative
services
agency.
20
2.
The
estimates
of
expenditure
requirements
shall
be
21
in
a
form
specified
by
the
director
of
the
department
of
22
management,
and
the
expenditure
requirements
shall
include
all
23
proposed
expenditures
and
shall
be
prioritized
by
program
or
24
the
results
to
be
achieved.
The
estimates
shall
be
accompanied
25
by
performance
measures
for
evaluating
the
effectiveness
of
the
26
programs
or
results.
27
Sec.
43.
LIMITATION
OF
STANDING
APPROPRIATIONS.
28
Notwithstanding
the
standing
appropriations
in
the
following
29
designated
sections
for
the
fiscal
year
beginning
July
1,
2012,
30
and
ending
June
30,
2013,
the
amounts
appropriated
from
the
31
general
fund
of
the
state
pursuant
to
these
sections
for
the
32
following
designated
purposes
shall
not
exceed
the
following
33
amounts:
34
1.
For
operational
support
grants
and
community
cultural
35
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102
S.F.
_____
grants
under
section
99F.11,
subsection
3
,
paragraph
“d”,
1
subparagraph
(1):
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
208,351
3
2.
For
regional
tourism
marketing
under
section
99F.11,
4
subsection
3
,
paragraph
“d”,
subparagraph
(2):
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
405,153
6
3.
For
the
center
for
congenital
and
inherited
disorders
7
central
registry
under
section
144.13A,
subsection
4
,
paragraph
8
“a”:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
85,560
10
4.
For
primary
and
secondary
child
abuse
prevention
11
programs
under
section
144.13A,
subsection
4
,
paragraph
“a”:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
108,886
13
5.
For
programs
for
at-risk
children
under
section
279.51
:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,728,891
15
The
amount
of
any
reduction
in
this
subsection
shall
be
16
prorated
among
the
programs
specified
in
section
279.51,
17
subsection
1
,
paragraphs
“a”,
“b”,
and
“c”.
18
6.
For
payment
for
nonpublic
school
transportation
under
19
section
285.2
:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,530,465
21
If
total
approved
claims
for
reimbursement
for
nonpublic
22
school
pupil
transportation
exceed
the
amount
appropriated
in
23
accordance
with
this
subsection,
the
department
of
education
24
shall
prorate
the
amount
of
each
approved
claim.
25
7.
For
reimbursement
for
the
homestead
property
tax
credit
26
under
section
425.1
:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
86,188,387
28
8.
For
reimbursement
for
the
family
farm
and
agricultural
29
land
tax
credits
under
sections
425A.1
and
426.1
:
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,395,131
31
9.
For
the
enforcement
of
chapter
453D
relating
to
tobacco
32
product
manufacturers
under
section
453D.8
:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,208
34
Sec.
44.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
35
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_____
2012-2013.
In
lieu
of
the
appropriation
provided
in
section
1
257.20,
subsection
2,
the
appropriation
for
the
fiscal
year
2
beginning
July
1,
2012,
and
ending
June
30,
2013,
for
paying
3
instructional
support
state
aid
under
section
257.20
for
fiscal
4
year
2012-2013
is
zero.
5
DIVISION
V
6
SALARIES,
COMPENSATION,
AND
RELATED
MATTERS
——
FY
2012-2013
7
Sec.
45.
COLLECTIVE
BARGAINING
AGREEMENTS
FUNDED.
The
8
various
state
departments,
boards,
commissions,
councils,
9
and
agencies,
including
the
state
board
of
regents,
for
10
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
11
2013,
shall
provide
from
available
sources
pay
adjustments,
12
expense
reimbursements,
and
related
benefits
to
fully
fund
the
13
following:
14
1.
The
collective
bargaining
agreement
negotiated
pursuant
15
to
chapter
20
for
employees
in
the
blue
collar
bargaining
unit.
16
2.
The
collective
bargaining
agreement
negotiated
pursuant
17
to
chapter
20
for
employees
in
the
public
safety
bargaining
18
unit.
19
3.
The
collective
bargaining
agreement
negotiated
pursuant
20
to
chapter
20
for
employees
in
the
security
bargaining
unit.
21
4.
The
collective
bargaining
agreement
negotiated
pursuant
22
to
chapter
20
for
employees
in
the
technical
bargaining
unit.
23
5.
The
collective
bargaining
agreement
negotiated
pursuant
24
to
chapter
20
for
employees
in
the
professional
fiscal
and
25
staff
bargaining
unit.
26
6.
The
collective
bargaining
agreement
negotiated
pursuant
27
to
chapter
20
for
employees
in
the
clerical
bargaining
unit.
28
7.
The
collective
bargaining
agreement
negotiated
pursuant
29
to
chapter
20
for
employees
in
the
professional
social
services
30
bargaining
unit.
31
8.
The
collective
bargaining
agreement
negotiated
pursuant
32
to
chapter
20
for
employees
in
the
community-based
corrections
33
bargaining
unit.
34
9.
The
collective
bargaining
agreements
negotiated
35
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_____
pursuant
to
chapter
20
for
employees
in
the
judicial
branch
of
1
government
bargaining
units.
2
10.
The
collective
bargaining
agreement
negotiated
pursuant
3
to
chapter
20
for
employees
in
the
patient
care
bargaining
4
unit.
5
11.
The
collective
bargaining
agreement
negotiated
pursuant
6
to
chapter
20
for
employees
in
the
science
bargaining
unit.
7
12.
The
collective
bargaining
agreement
negotiated
pursuant
8
to
chapter
20
for
employees
in
the
university
of
northern
Iowa
9
faculty
bargaining
unit.
10
13.
The
collective
bargaining
agreement
negotiated
pursuant
11
to
chapter
20
for
employees
in
the
state
university
of
Iowa
12
graduate
student
bargaining
unit.
13
14.
The
collective
bargaining
agreement
negotiated
pursuant
14
to
chapter
20
for
employees
in
the
state
university
of
Iowa
15
hospital
and
clinics
tertiary
health
care
bargaining
unit.
16
15.
The
annual
pay
adjustments,
related
benefits,
and
17
expense
reimbursements
referred
to
in
the
sections
of
this
18
division
of
this
Act
addressing
noncontract
state
and
state
19
board
of
regents
employees
who
are
not
covered
by
a
collective
20
bargaining
agreement.
21
Sec.
46.
STATE
EMPLOYEES
——
STATE
BOARD
OF
REGENTS.
For
22
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
23
2013,
funds
shall
be
provided
from
available
sources
of
the
24
state
board
of
regents
for
funding
of
collective
bargaining
25
agreements
for
state
board
of
regents
employees
covered
by
26
such
agreements
and
for
the
following
state
board
of
regents
27
employees
not
covered
by
a
collective
bargaining
agreement:
28
1.
Regents
merit
system
employees
and
merit
supervisory
29
employees.
30
2.
Faculty
members
and
professional
and
scientific
31
employees.
32
Sec.
47.
BONUS
PAY.
For
the
fiscal
year
beginning
July
33
1,
2012,
and
ending
June
30,
2013,
employees
of
the
executive
34
branch,
judicial
branch,
and
legislative
branch
shall
not
35
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_____
receive
bonus
pay
unless
otherwise
authorized
by
law,
required
1
pursuant
to
a
contract
of
employment
entered
into
before
July
2
1,
2012,
or
required
pursuant
to
a
collective
bargaining
3
agreement.
This
section
does
not
apply
to
employees
of
the
4
state
board
of
regents.
For
purposes
of
this
section,
“bonus
5
pay”
means
any
additional
remuneration
provided
an
employee
in
6
the
form
of
a
bonus,
including
but
not
limited
to
a
retention
7
bonus,
recruitment
bonus,
exceptional
job
performance
pay,
8
extraordinary
job
performance
pay,
exceptional
performance
pay,
9
extraordinary
duty
pay,
or
extraordinary
or
special
duty
pay,
10
and
any
extra
benefit
not
otherwise
provided
to
other
similarly
11
situated
employees.
12
Sec.
48.
STATE
TROOPER
MEAL
ALLOWANCE.
For
the
fiscal
13
year
beginning
July
1,
2012,
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.
49.
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
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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
DIVISION
VI
8
CORRECTIVE
PROVISIONS
9
Sec.
50.
Section
8.6,
subsection
9A,
as
enacted
by
2011
Iowa
10
Acts,
House
File
45,
section
39,
is
amended
to
read
as
follows:
11
9A.
Budget
and
tax
rate
databases.
To
develop
and
make
12
available
to
the
public
a
searchable
budget
database
and
13
internet
site
as
required
under
chapter
8G,
division
subchapter
14
I
,
and
to
develop
and
make
available
to
the
public
a
searchable
15
tax
rate
database
and
internet
site
as
required
under
chapter
16
8G,
division
subchapter
II
.
17
Sec.
51.
Section
8.57E,
subsection
3,
paragraph
a,
as
18
enacted
by
2011
Iowa
Acts,
Senate
File
209,
section
30,
is
19
amended
to
read
as
follows:
20
a.
Moneys
in
the
taxpayer’s
taxpayers
trust
fund
may
be
21
used
for
cash
flow
purposes
during
a
fiscal
year
provided
that
22
any
moneys
so
allocated
are
returned
to
the
fund
by
the
end
of
23
that
fiscal
year.
24
Sec.
52.
Section
8G.13,
as
enacted
by
2011
Iowa
Acts,
House
25
File
45,
section
50,
is
amended
to
read
as
follows:
26
8G.13
Updating
database.
27
To
facilitate
the
department
of
management’s
efforts
in
28
creating
and
maintaining
a
searchable
database
of
the
taxes
29
identified
in
section
8G.12,
subsection
3
1
,
for
all
taxing
30
jurisdictions
in
the
state,
each
taxing
jurisdiction
may
31
annually
be
required
to
report
its
tax
rates
to
the
department
32
of
management
or
the
department
of
revenue
and
shall
report
any
33
changes
to
its
tax
rates
within
thirty
days
of
the
change.
34
Sec.
53.
Section
16.193,
subsection
3,
paragraph
a,
Code
35
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2011,
as
amended
by
2011
Iowa
Acts,
Senate
File
475,
section
1
11,
is
amended
to
read
as
follows:
2
a.
During
the
term
of
the
Iowa
jobs
program
and
Iowa
jobs
3
II
program,
the
Iowa
finance
authority
shall
collect
data
on
4
all
of
the
projects
approved
for
the
program
programs
.
The
5
department
of
management
and
the
state
agencies
associated
6
with
the
projects
shall
assist
the
authority
with
the
data
7
collection
and
in
developing
the
report
required
by
this
8
subsection
.
The
authority
shall
report
quarterly
to
the
9
governor
and
the
general
assembly
concerning
the
data.
10
Sec.
54.
Section
68A.401,
subsection
4,
Code
2011,
as
11
amended
by
2011
Iowa
Acts,
Senate
File
475,
section
17,
is
12
amended
to
read
as
follows:
13
4.
Political
committees
expressly
advocating
the
14
nomination,
election,
or
defeat
of
candidates
for
both
15
federal
office
and
any
elected
office
created
by
law
or
the
16
Constitution
of
the
State
of
Iowa
shall
file
statements
and
17
reports
with
the
board
in
addition
to
any
federal
reports
18
required
to
be
filed
with
the
board.
However,
a
political
19
committee
that
is
registered
and
filing
full
disclosure
20
reports
of
all
financial
activities
with
the
federal
election
21
commission
may
file
verified
statements
as
provided
in
section
22
68B.201A
68A.201A
.
23
Sec.
55.
Section
139A.19,
subsection
3,
as
enacted
by
2011
24
Iowa
Acts,
House
File
467,
section
20,
is
amended
to
read
as
25
follows:
26
3.
This
section
does
not
preclude
a
hospital,
clinic,
other
27
health
facility,
or
a
health
care
provider
from
providing
28
notification
to
a
care
provider
under
circumstances
in
29
which
the
hospital’s,
clinic’s,
other
health
facility’s,
or
30
health
care
provider’s
policy
provides
for
notification
of
31
the
hospital’s,
clinics
clinic’s
,
other
health
facility’s,
32
or
health
care
provider’s
own
employees
of
exposure
to
a
33
contagious
or
infectious
disease
that
is
not
life-threatening
34
if
the
notice
does
not
reveal
a
patient’s
name,
unless
the
35
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patient
consents.
1
Sec.
56.
Section
175.3,
subsection
1,
paragraph
a,
Code
2
2011,
as
amended
by
2011
Iowa
Acts,
Senate
File
429,
section
1,
3
is
amended
to
read
as
follows:
4
a.
The
agricultural
development
authority
is
established
5
within
the
department
of
agriculture
and
land
stewardship.
The
6
agency
authority
is
constituted
as
a
public
instrumentality
7
and
agency
of
the
state
exercising
public
and
essential
8
governmental
functions.
9
Sec.
57.
Section
207.22,
subsection
3,
paragraph
b,
Code
10
2011,
as
amended
by
2011
Iowa
Acts,
Senate
File
475,
section
11
47,
is
amended
to
read
as
follows:
12
b.
Acquisition
of
coal
refuse
disposal
sites
and
all
13
coal
refuse
thereon
will
serve
the
purposes
of
Tit.
IV
of
14
Pub.
L.
No.
95-87,
Tit.
IV,
codified
at
30
U.S.C.
ch.
25,
15
subch.
IV,
or
that
public
ownership
is
desirable
to
meet
16
emergency
situations
and
prevent
recurrences
of
the
adverse
17
effect
of
past
coal
mining
practices.
18
Sec.
58.
Section
232.71D,
subsection
3,
paragraph
a,
19
unnumbered
paragraph
1,
as
enacted
by
2011
Iowa
Acts,
House
20
File
562,
section
3,
is
amended
to
read
as
follows:
21
Unless
any
of
the
circumstances
listed
in
paragraph
“b”
are
22
applicable,
cases
to
which
any
of
the
following
circumstances
23
apply
shall
not
be
placed
on
in
the
central
registry:
24
Sec.
59.
Section
256.7,
subsection
26,
paragraph
a,
25
subparagraph
(1),
as
enacted
by
2011
Iowa
Acts,
Senate
File
26
453,
section
1,
is
amended
to
read
as
follows:
27
(1)
The
rules
establishing
high
school
graduation
28
requirements
shall
authorize
a
school
district
or
29
accredited
nonpublic
school
to
consider
that
any
student
who
30
satisfactorily
completes
a
high
school-level
unit
of
English
31
or
language
arts,
mathematics,
science,
or
social
studies
has
32
satisfactorily
completed
a
unit
of
the
high
school
graduation
33
requirements
for
that
area
as
specified
in
this
lettered
34
paragraph,
and
to
shall
authorize
the
school
district
or
35
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_____
accredited
nonpublic
school
to
issue
high
school
credit
for
the
1
unit
to
the
student.
2
Sec.
60.
Section
321.34,
subsection
20C,
paragraph
a,
3
if
enacted
by
2011
Iowa
Acts,
House
File
651,
section
2,
is
4
amended
to
read
as
follows:
5
a.
The
department,
in
consultation
with
the
adjutant
6
general,
shall
design
combat
infantryman
badge,
combat
action
7
badge,
combat
action
ribbon,
air
force
combat
action
medal,
8
and
combat
medical
badge
distinguishing
processed
emblems.
9
Upon
receipt
of
two
hundred
fifty
orders
for
special
combat
10
infantryman
badge,
combat
action
badge,
combat
action
ribbon,
11
air
force
combat
action
medal,
or
combat
medical
badge
special
12
registration
plates,
accompanied
by
a
start-up
fee
of
twenty
13
dollars
per
order,
the
department
shall
begin
issuing
special
14
registration
plates
with
the
applicable
distinguishing
15
processed
emblem
as
provided
in
paragraphs
“b”
and
“c”
.
The
16
minimum
order
requirement
shall
apply
separately
to
each
of
the
17
special
registration
plates
created
under
this
subsection.
18
Sec.
61.
Section
321.34,
subsection
25,
paragraph
a,
if
19
enacted
by
2011
Iowa
Acts,
House
File
651,
section
2,
is
20
amended
to
read
as
follows:
21
a.
The
department,
in
consultation
with
the
adjutant
22
general,
shall
design
a
civil
war
sesquicentennial
23
distinguishing
processed
emblem.
Upon
receipt
of
two
hundred
24
fifty
orders
for
special
civil
war
sesquicentennial
special
25
registration
plates,
accompanied
by
a
start-up
fee
of
twenty
26
dollars
per
order,
the
department
shall
begin
issuing
special
27
registration
plates
with
a
civil
war
sesquicentennial
processed
28
emblem
as
provided
in
paragraph
“b”
.
29
Sec.
62.
Section
327B.5,
Code
2011,
is
amended
to
read
as
30
follows:
31
327B.5
Penalty.
32
Any
person
violating
the
provisions
of
this
chapter
shall,
33
upon
conviction,
be
subject
to
a
scheduled
fine
as
provided
in
34
section
805.8A,
subsection
13
,
paragraphs
paragraph
“f”
and
“g”
.
35
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Sec.
63.
Section
422.11O,
subsection
5,
paragraph
a,
1
subparagraph
(2),
if
enacted
by
2011
Iowa
Acts,
Senate
File
2
531,
section
17,
is
amended
to
read
as
follows:
3
(2)
The
E-15
plus
gasoline
promotion
tax
credit
pursuant
to
4
section
422.11Y.
5
Sec.
64.
Section
422.11Y,
subsection
1,
paragraph
d,
if
6
enacted
by
2011
Iowa
Acts,
Senate
File
531,
section
35,
is
7
amended
to
read
as
follows:
8
d.
“Tax
credit”
means
the
E-15
plus
gasoline
promotion
tax
9
credit
as
provided
in
this
section.
10
Sec.
65.
Section
422.11Y,
subsection
3,
unnumbered
11
paragraph
1,
if
enacted
by
2011
Iowa
Acts,
Senate
File
531,
12
section
35,
is
amended
to
read
as
follows:
13
The
taxes
imposed
under
this
division,
less
the
credits
14
allowed
under
section
422.12,
shall
be
reduced
by
the
amount
of
15
the
E-15
plus
gasoline
promotion
tax
credit
for
each
tax
year
16
that
the
taxpayer
is
eligible
to
claim
a
tax
credit
under
this
17
subsection.
18
Sec.
66.
Section
422.11Y,
subsection
6,
paragraph
b,
19
subparagraph
(2),
if
enacted
by
2011
Iowa
Acts,
Senate
File
20
531,
section
35,
is
amended
to
read
as
follows:
21
(2)
The
retail
dealer
may
claim
the
ethanol
promotion
22
tax
credit
as
provided
in
paragraph
“a”
for
the
same
ethanol
23
gallonage
used
to
calculate
and
claim
the
E-15
plus
gasoline
24
promotion
tax
credit.
25
Sec.
67.
Section
423.4,
subsection
9,
unnumbered
paragraph
26
1,
if
enacted
by
2011
Iowa
Acts,
Senate
File
531,
section
59,
27
is
amended
to
read
as
follows:
28
A
person
who
qualifies
as
a
biodiesel
producer
as
provided
in
29
this
subsection
may
apply
to
the
director
for
a
refund
of
the
30
amount
of
the
sales
or
use
tax
imposed
and
paid
upon
purchases
31
made
by
the
person.
32
Sec.
68.
Section
483A.24A,
Code
2011,
as
amended
by
2011
33
Iowa
Acts,
Senate
File
194,
section
10,
is
amended
to
read
as
34
follows:
35
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_____
483A.24A
License
refunds
——
military
service.
1
Notwithstanding
any
provision
of
this
chapter
to
the
2
contrary,
a
service
member
deployed
for
military
service,
both
3
as
defined
in
section
29A.1,
subsection
3
,
shall
receive
a
4
refund
of
that
portion
of
any
license
fee
paid
by
the
service
5
member
representing
the
service
member’s
period
of
military
6
service.
7
Sec.
69.
Section
501.101,
subsection
01,
as
enacted
by
2011
8
Iowa
Acts,
House
File
348,
section
7,
is
amended
to
read
as
9
follows:
10
01.
“Alternative
voting
method”
means
a
method
of
voting
11
other
than
a
written
ballot,
including
voting
by
electronic,
12
telephonic,
internet,
or
other
means
that
reasonably
allow
13
allows
members
the
opportunity
to
vote.
14
Sec.
70.
Section
501A.703,
subsection
5,
paragraph
d,
Code
15
2011,
as
amended
by
2011
Iowa
Acts,
House
File
348,
section
19,
16
is
amended
to
read
as
follows:
17
d.
If
the
ballot
of
the
member
is
received
by
the
18
cooperative
on
or
before
the
date
of
the
regular
members’
19
meeting
or
as
otherwise
prescribed
for
an
alternative
,
voting
20
method,
the
ballot
or
alternative
voting
method
shall
be
21
accepted
and
counted
as
the
vote
of
the
absent
member.
22
Sec.
71.
Section
511.8,
subsection
22,
paragraph
i,
23
unnumbered
paragraph
1,
as
enacted
by
2011
Iowa
Acts,
Senate
24
File
406,
section
25,
is
amended
to
read
as
follows:
25
Securities
held
in
the
legal
reserve
of
a
life
insurance
26
company
or
association
pledged
as
collateral
for
financial
27
instruments
used
in
highly
effective
hedging
transactions
as
28
defined
in
the
national
association
of
insurance
commissioners’
29
Statement
statement
of
Statutory
Accounting
Principles
No.
30
statutory
accounting
principles
no.
86
shall
continue
to
31
be
eligible
for
inclusion
on
in
the
legal
reserve
of
the
32
life
insurance
company
or
association
subject
to
all
of
the
33
following:
34
Sec.
72.
Section
514J.109,
subsection
3,
paragraph
f,
35
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if
enacted
by
2011
Iowa
Acts,
House
File
597,
section
9,
is
1
amended
to
read
as
follows:
2
f.
The
covered
person
or
the
covered
person’s
authorized
3
representative
has
provided
all
the
information
and
forms
4
required
by
the
commissioner
that
are
necessary
to
process
an
5
external
review
request
pursuant
to
this
section.
6
Sec.
73.
Section
521F.4,
subsection
1,
paragraph
b,
as
7
enacted
by
2011
Iowa
Acts,
Senate
File
406,
section
44,
is
8
amended
to
read
as
follows:
9
b.
The
filing
of
a
risk-based
capital
report
by
a
health
10
organization
which
indicates
that
the
health
organization
has
11
total
adjusted
capital
which
is
greater
than
or
equal
to
its
12
company-action-level
risk-based
capital
but
less
than
the
13
product
of
its
authorized-control-level
risk-based
capital
and
14
three
and
triggers
the
trend
test
determined
in
accordance
with
15
the
trend
test
calculations
calculation
included
in
the
health
16
risk-based
capital
instructions.
17
Sec.
74.
Section
524.310,
subsection
5,
paragraph
b,
Code
18
2011,
as
amended
by
2011
Iowa
Acts,
Senate
File
475,
section
19
120,
is
amended
to
read
as
follows:
20
b.
A
corporate
or
company
name
reserved,
registered,
or
21
protected
as
provided
in
section
489.109,
490.402
,
490.403
,
22
490A.402
,
504.402
,
or
504.403
.
23
Sec.
75.
Section
717.3,
subsection
5,
paragraph
b,
Code
24
2011,
as
enacted
by
2011
Iowa
Acts,
Senate
File
478,
section
6,
25
is
amended
to
read
as
follows:
26
b.
That
the
department
shall
assume
supervision
of
and
27
provide
for
the
sustenance
of
the
livestock
and
as
provided
in
28
section
717.4.
29
Sec.
76.
Section
717.4,
subsection
2,
as
enacted
by
2011
30
Iowa
Acts,
Senate
File
478,
section
7,
is
amended
to
read
as
31
follows:
32
2.
The
court
ordered
lien
shall
be
for
the
benefit
of
the
33
department.
The
amount
of
the
lien
shall
not
be
not
more
than
34
for
expenses
incurred
in
providing
sustenance
to
the
livestock
35
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pursuant
to
section
717.3
and
providing
for
the
disposition
of
1
the
livestock
pursuant
to
section
717.5.
2
Sec.
77.
Section
717.4A,
as
enacted
by
2011
Iowa
Acts,
3
Senate
File
478,
section
8,
is
amended
to
read
as
follows:
4
717.4A
Livestock
in
immediate
need
of
sustenance
——
livestock
5
remediation
fund.
6
The
department
may
utilize
the
moneys
deposited
into
the
7
livestock
remediation
fund
pursuant
to
section
459.501
to
pay
8
for
any
expenses
associated
with
providing
sustenance
to
or
9
the
disposition
of
the
livestock
pursuant
to
a
court
order
10
entered
pursuant
to
section
717.3
or
717.5.
The
department
11
shall
utilize
moneys
from
the
fund
only
to
the
extent
that
12
the
department
determines
that
expenses
cannot
be
timely
13
paid
by
utilizing
the
available
provisions
of
sections
717.4
14
and
717.5.
The
department
shall
deposit
any
unexpended
and
15
unobligated
moneys
in
the
fund.
The
department
shall
pay
to
16
the
fund
the
proceeds
from
the
disposition
of
the
livestock
and
17
associated
products
less
expenses
incurred
by
the
department
in
18
providing
for
the
sustenance
and
disposition
of
the
livestock,
19
as
provided
in
section
717.5.
20
Sec.
78.
Section
903A.5,
subsection
1,
as
enacted
by
2011
21
Iowa
Acts,
House
File
271,
section
3,
is
amended
to
read
as
22
follows:
23
1.
An
inmate
shall
not
be
discharged
from
the
custody
24
of
the
director
of
the
Iowa
department
of
corrections
until
25
the
inmate
has
served
the
full
term
for
which
the
inmate
was
26
sentenced,
less
earned
time
and
other
credits
earned
and
not
27
forfeited,
unless
the
inmate
is
pardoned
or
otherwise
legally
28
released.
Earned
time
accrued
and
not
forfeited
shall
apply
29
to
reduce
a
mandatory
minimum
sentence
being
served
pursuant
30
to
section
124.406
,
124.413
,
902.7
,
902.8
,
902.8A
,
or
902.11
.
31
An
inmate
shall
be
deemed
to
be
serving
the
sentence
from
the
32
day
on
which
the
inmate
is
received
into
the
institution.
If
33
an
inmate
was
confined
to
a
county
jail
or
other
correctional
34
or
mental
facility
at
any
time
prior
to
sentencing,
or
after
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sentencing
but
prior
to
the
case
having
been
decided
on
appeal,
1
because
of
failure
to
furnish
bail
or
because
of
being
charged
2
with
a
nonbailable
offense,
the
inmate
shall
be
given
credit
3
for
the
days
already
served
upon
the
term
of
the
sentence.
4
However,
if
a
person
commits
any
offense
while
confined
in
a
5
county
jail
or
other
correctional
or
mental
health
facility,
6
the
person
shall
not
be
granted
jail
credit
for
that
offense.
7
Unless
the
inmate
was
confined
in
a
correctional
facility,
8
the
sheriff
of
the
county
in
which
the
inmate
was
confined
9
shall
certify
to
the
clerk
of
the
district
court
from
which
10
the
inmate
was
sentenced
and
to
the
department
of
corrections’
11
records
administrator
at
the
Iowa
medical
and
classification
12
center
the
number
of
days
so
served.
The
department
of
13
corrections’
records
administrator,
or
the
administrator’s
14
designee,
shall
apply
jail
credit
as
ordered
by
the
court
15
of
proper
jurisdiction
or
as
authorized
by
this
section
and
16
section
907.3,
subsection
3
.
17
Sec.
79.
EFFECTIVE
DATES.
18
1.
The
section
of
this
division
of
this
Act
amending
section
19
422.11O,
subsection
5,
paragraph
a,
subparagraph
(2),
if
20
enacted
by
2011
Iowa
Acts,
Senate
File
531,
section
17,
takes
21
effect
January
1,
2012.
22
2.
Section
423.4,
subsection
9,
unnumbered
paragraph
1,
if
23
enacted
by
2011
Iowa
Acts,
Senate
File
531,
section
59,
takes
24
effect
January
1,
2012.
25
Sec.
80.
APPLICABILITY.
26
1.
The
section
of
this
division
of
this
Act
amending
section
27
422.11O,
subsection
5,
paragraph
a,
subparagraph
(2),
if
28
enacted
by
2011
Iowa
Acts,
Senate
File
531,
section
17,
applies
29
to
tax
years
beginning
on
and
after
January
1,
2012.
30
2.
The
section
of
this
division
of
this
Act
amending
31
section
422.11Y,
subsection
1,
paragraph
d,
if
enacted
by
2011
32
Iowa
Acts,
Senate
File
531,
section
35,
applies
to
tax
years
33
beginning
on
and
after
January
1,
2012,
and
to
that
part
of
a
34
retail
dealer’s
tax
year
or
tax
years
occurring
during
that
35
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102
S.F.
_____
portion
of
the
calendar
year
beginning
on
and
after
July
1,
1
2011,
and
ending
on
December
31,
2011.
2
3.
The
section
of
this
division
of
this
Act
amending
section
3
422.11Y,
subsection
3,
unnumbered
paragraph
1,
if
enacted
by
4
2011
Iowa
Acts,
Senate
File
531,
section
35,
applies
to
tax
5
years
beginning
on
and
after
January
1,
2012,
and
to
that
part
6
of
a
retail
dealer’s
tax
year
or
tax
years
occurring
during
7
that
portion
of
the
calendar
year
beginning
on
and
after
July
8
1,
2011,
and
ending
on
December
31,
2011.
9
4.
The
section
of
this
division
of
this
Act
amending
section
10
422.11Y,
subsection
6,
paragraph
b,
subparagraph
(2),
if
11
enacted
by
2011
Iowa
Acts,
Senate
File
531,
section
35,
applies
12
to
tax
years
beginning
on
and
after
January
1,
2012,
and
to
13
that
part
of
a
retail
dealer’s
tax
year
or
tax
years
occurring
14
during
that
portion
of
the
calendar
year
beginning
on
and
after
15
July
1,
2011,
and
ending
on
December
31,
2011.
16
DIVISION
VII
17
MISCELLANEOUS
PROVISIONS
AND
APPROPRIATIONS
18
Sec.
81.
VISION
SCREENING
PROGRAM
——
DEPARTMENT
OF
PUBLIC
19
HEALTH.
There
is
appropriated
from
the
general
fund
of
the
20
state
to
the
department
of
public
health
for
the
fiscal
year
21
beginning
July
1,
2011,
and
ending
June
30,
2012,
the
following
22
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
23
purposes
designated:
24
For
a
grant
to
a
national
affiliated
volunteer
eye
25
organization
that
has
an
established
program
for
children
and
26
adults
and
that
is
solely
dedicated
to
preserving
sight
and
27
preventing
blindness
through
education,
nationally
certified
28
vision
screening
and
training,
and
community
and
patient
29
service
programs:
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
100,000
31
Sec.
82.
APPROPRIATION
——
FARMERS
WITH
DISABILITIES.
There
32
is
appropriated
from
the
general
fund
of
the
state
to
the
33
department
of
agriculture
and
land
stewardship
for
the
fiscal
34
year
beginning
July
1,
2011,
and
ending
June
30,
2012,
the
35
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102
S.F.
_____
following
amount,
or
so
much
thereof
as
is
necessary,
for
a
1
program
for
farmers
with
disabilities:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
97,000
3
The
moneys
appropriated
in
this
section
shall
be
used
4
for
the
public
purpose
of
providing
a
grant
to
a
national
5
nonprofit
organization
with
over
80
years
of
experience
in
6
assisting
children
and
adults
with
disabilities
and
special
7
needs.
The
moneys
shall
be
used
to
support
a
nationally
8
recognized
program
that
began
in
1986
and
has
been
replicated
9
in
at
least
30
other
states,
but
which
is
not
available
through
10
any
other
entity
in
this
state,
and
that
provides
assistance
11
to
farmers
with
disabilities
in
all
99
counties
to
allow
the
12
farmers
to
remain
in
their
own
homes
and
be
gainfully
engaged
13
in
farming
through
provision
of
agricultural
worksite
and
home
14
modification
consultations,
peer
support
services,
services
15
to
families,
information
and
referral,
and
equipment
loan
16
services.
Notwithstanding
section
8.33,
moneys
appropriated
17
in
this
section
that
remain
unencumbered
or
unobligated
at
the
18
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
19
available
for
expenditure
for
the
purposes
designated
until
the
20
close
of
the
succeeding
fiscal
year.
21
Sec.
83.
APPROPRIATION
——
BATTLESHIP
IOWA,
BB-61.
22
1.
There
is
appropriated
from
the
general
fund
of
the
state
23
to
the
department
of
cultural
affairs
for
the
fiscal
year
24
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
25
amount,
or
so
much
thereof
as
is
necessary,
to
be
credited
to
26
the
BB-61
fund
created
in
2010
Iowa
Acts,
chapter
1194:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,000,000
28
2.
If
the
department
of
the
navy,
pursuant
to
a
process
29
outlined
in
a
notice
published
in
the
federal
register
on
30
May
24,
2010,
volume
75,
number
99,
awards
possession
or
31
conditionally
awards
possession
of
the
battleship
Iowa,
32
BB-61,
to
a
nonprofit
group
that
is
eligible
to
receive
the
33
battleship,
the
department
of
cultural
affairs
shall
award
a
34
grant
to
the
nonprofit
group
in
an
amount
equal
to
$3
million
35
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102
S.F.
_____
in
addition
to
any
moneys
awarded
as
a
grant
from
the
BB-61
1
fund.
2
3.
Notwithstanding
section
8.33,
moneys
appropriated
in
3
this
section
that
remain
unencumbered
or
unobligated
at
the
4
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
5
available
for
expenditure
for
the
purposes
designated
for
6
succeeding
fiscal
years.
7
Sec.
84.
GROUP
HOME
GRANT.
There
is
appropriated
from
the
8
general
fund
of
the
state
to
the
Iowa
finance
authority
for
the
9
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
10
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
11
used
for
the
purposes
designated:
12
For
a
grant
to
a
nonprofit
organization
providing
13
residential
services
for
persons
with
an
intellectual
14
disability
at
the
intermediate
care
facility
level
and
services
15
under
the
medical
assistance
program
habilitation
and
brain
16
injury
home
and
community-based
services
waivers,
that
is
17
located
in
and
providing
such
services
in
a
county
with
a
18
population
between
90,000
and
95,000,
according
to
the
latest
19
certified
federal
census:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
100,000
21
The
grant
under
this
section
shall
be
used
for
purchase
or
22
remodeling
costs
to
develop
a
group
home
for
not
more
than
four
23
individuals
with
intellectual
disabilities
or
brain
injury.
24
Notwithstanding
section
8.33,
moneys
appropriated
in
this
25
section
that
remain
unencumbered
or
unobligated
at
the
close
of
26
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
27
expenditure
for
the
purposes
designated
until
the
close
of
the
28
succeeding
fiscal
year.
29
Sec.
85.
INVESTIGATIONS
DIVISION
OF
DEPARTMENT
OF
30
INSPECTIONS
AND
APPEALS
——
CONTINGENT
FTE
AUTHORIZATION.
If
31
Senate
File
313
or
successor
legislation
providing
for
debt
32
setoff
or
other
recovery
activities
for
nonpayment
of
premiums
33
pursuant
to
section
249A.3,
subsection
2,
paragraph
“a”,
34
subparagraph
(1),
relating
to
a
special
income
eligibility
35
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group
under
the
Medicaid
program,
or
pursuant
to
section
1
249J.8,
subsection
1,
relating
to
the
expansion
population
2
eligibility
group
under
the
IowaCare
program,
is
enacted
by
3
the
Eighty-fourth
General
Assembly,
2011
Session,
in
addition
4
to
other
full-time
equivalent
positions
authorized
for
the
5
investigations
division
of
the
department
of
inspections
and
6
appeals
for
the
fiscal
year
beginning
July
1,
2011,
not
more
7
than
2.00
FTEs
are
authorized,
to
the
extent
funded
through
8
moneys
available
to
the
department
of
human
services,
to
9
be
used
to
implement
such
provisions
of
Senate
File
313
or
10
successor
legislation.
11
Sec.
86.
SPECIAL
EDUCATION
INSTRUCTIONAL
PROGRAM.
If
a
12
school
district
that
is
participating
on
a
contractual
basis
13
in
a
special
education
instructional
program
operated
by
an
14
area
education
agency,
in
which
the
area
education
agency
15
employed
teachers
on
behalf
of
the
school
district
at
the
time
16
the
department
of
management
calculated
the
teacher
salary
17
supplement
cost
per
pupil
under
section
257.10,
subsection
18
9,
the
professional
development
supplement
cost
per
pupil
19
under
section
257.10,
subsection
10,
the
area
education
agency
20
teacher
salary
supplement
cost
per
pupil
under
section
257.37A,
21
subsection
1,
and
the
area
education
agency
professional
22
development
supplement
cost
per
pupil
under
section
257.37A,
23
subsection
2,
for
the
fiscal
year
beginning
July
1,
2009,
24
terminates
the
contract
for
participation
in
the
special
25
education
instructional
program,
the
area
education
agency
26
operating
the
program
shall
notify
the
department
of
management
27
of
the
contract
termination
by
the
following
April
1.
The
28
department
of
management
shall
recalculate
the
cost
per
29
pupil
amounts
for
the
area
education
agency
and
the
school
30
district
for
the
fiscal
year
succeeding
the
notification
31
date
for
the
teacher
salary
supplement
cost
per
pupil
under
32
section
257.10,
subsection
9,
the
professional
development
33
supplement
cost
per
pupil
under
section
257.10,
subsection
34
10,
the
area
education
agency
teacher
salary
supplement
cost
35
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per
pupil
under
section
257.37A,
subsection
1,
and
the
area
1
education
agency
professional
development
supplement
cost
2
per
pupil
under
section
257.37A,
subsection
2,
by
estimating
3
the
amount
of
the
original
allocations
used
in
the
cost
per
4
pupil
calculation
that
would
have
been
allocated
to
the
school
5
district
rather
than
the
area
education
agency
had
the
special
6
education
instructional
program
not
existed,
and
the
department
7
of
management
shall
increase
the
annual
supplement
cost
per
8
pupil
for
the
school
district
and
area
education
agency
by
the
9
appropriate
allowable
growth
for
the
appropriate
fiscal
years.
10
Sec.
87.
TASK
FORCE
ON
THE
PREVENTION
OF
SEXUAL
ABUSE
OF
11
CHILDREN.
12
1.
A
task
force
on
the
prevention
of
sexual
abuse
of
13
children
is
established
consisting
of
the
following
members:
14
a.
Four
members
of
the
general
assembly
serving
as
ex
15
officio,
nonvoting
members,
with
not
more
than
one
member
from
16
each
chamber
being
from
the
same
political
party.
The
two
17
senators
shall
be
appointed,
one
each,
by
the
majority
leader
18
of
the
senate
and
by
the
minority
leader
of
the
senate.
The
two
19
representatives
shall
be
appointed,
one
each,
by
the
speaker
of
20
the
house
of
representatives
and
by
the
minority
leader
of
the
21
house
of
representatives.
22
b.
The
director
of
human
services
or
the
director’s
23
designee.
24
c.
The
director
of
the
department
of
education
or
the
25
director’s
designee.
26
d.
The
director
of
public
health
or
the
director’s
designee.
27
e.
The
state
court
administrator
or
the
state
court
28
administrator’s
designee.
29
f.
A
representative
of
the
Iowa
county
attorneys
30
association,
appointed
by
the
president
of
that
association.
31
g.
A
representative
of
the
chief
juvenile
court
officers,
32
appointed
by
the
chief
justice
of
the
supreme
court.
33
h.
A
representative
of
the
Iowa
state
education
34
association,
appointed
by
the
president
of
that
organization.
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_____
i.
A
representative
of
prevent
child
abuse
Iowa,
appointed
1
by
the
director
of
human
services.
2
j.
A
representative
of
school
administrators
of
Iowa,
3
appointed
by
the
president
of
that
organization.
4
k.
A
representative
of
the
Iowa
association
of
school
5
boards,
appointed
by
the
executive
director
of
that
6
organization.
7
l.
A
representative
of
the
Iowa
psychological
association,
8
appointed
by
the
president
of
that
association.
9
m.
A
representative
of
the
Iowa
coalition
against
sexual
10
assault,
appointed
by
the
executive
director
of
that
coalition.
11
n.
A
representative
of
prevent
child
abuse
Iowa,
appointed
12
by
the
executive
director
of
that
organization.
13
o.
A
child
abuse
expert
employed
by
or
under
contract
with
14
one
of
Iowa’s
nationally
accredited
child
protection
centers,
15
appointed
by
the
director
of
the
regional
child
protection
16
center
located
in
Des
Moines.
17
2.
Members
of
the
task
force
shall
be
individuals
who
are
18
actively
involved
in
the
fields
of
child
abuse
prevention.
To
19
the
extent
possible,
appointment
of
members
shall
reflect
the
20
geographic
diversity
of
the
state.
The
voting
members
of
the
21
task
force
shall
serve
without
compensation
and
shall
not
be
22
reimbursed
for
their
expenses.
23
3.
The
director
of
prevent
child
abuse
Iowa,
or
the
24
director’s
designee,
shall
convene
the
organizational
meeting
25
of
the
task
force.
The
task
force
shall
elect
from
among
26
its
members
a
chairperson.
Meetings
shall
be
held
at
the
27
call
of
the
chairperson
or
at
the
request
of
two
or
more
task
28
force
members.
Six
members
shall
constitute
a
quorum
and
the
29
affirmative
vote
of
six
members
shall
be
necessary
for
any
30
action
taken
by
the
task
force.
31
4.
Prevent
child
abuse
Iowa
shall
provide
staff
support
to
32
the
task
force.
33
5.
The
task
force
shall
consult
with
employees
of
the
34
department
of
human
services,
the
Iowa
coalition
against
sexual
35
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assault,
the
department
of
public
safety,
the
state
board
1
of
education,
and
any
other
state
agency
or
department
as
2
necessary
to
accomplish
the
task
force’s
responsibilities
under
3
this
section.
4
6.
The
task
force
shall
develop
a
model
policy
addressing
5
sexual
abuse
of
children
that
may
include
but
is
not
limited
6
to
the
following:
7
a.
Age-appropriate
curricula
for
students
enrolled
in
8
prekindergarten
through
grade
five.
9
b.
Training
options
for
school
personnel
on
child
sexual
10
abuse.
11
c.
Educational
information
for
parents
and
guardians
that
12
may
be
provided
in
a
school
handbook
and
may
include
the
13
warning
signs
of
a
child
being
abused,
along
with
any
needed
14
assistance,
referral,
or
resource
information.
15
d.
Counseling
options
and
resources
available
statewide
for
16
students
affected
by
sexual
abuse.
17
e.
Emotional
and
educational
support
services
that
may
18
be
available
for
a
child
subject
to
abuse
to
continue
to
be
19
successful
in
school.
20
f.
Methods
for
increasing
teacher,
student,
and
parent
21
awareness
of
issues
regarding
sexual
abuse
of
children,
22
including
but
not
limited
to
knowledge
of
likely
warning
signs
23
indicating
that
a
child
may
be
a
victim
of
sexual
abuse.
24
g.
Actions
that
a
child
who
is
a
victim
of
sexual
abuse
25
should
take
to
obtain
assistance
and
intervention.
26
7.
The
task
force
shall
make
recommendations
for
preventing
27
the
sexual
abuse
of
children
in
Iowa.
In
making
those
28
recommendations,
the
task
force
shall
do
the
following:
29
a.
Gather
information
concerning
child
sexual
abuse
30
throughout
the
state.
31
b.
Receive
reports
and
testimony
from
individuals,
state
32
and
local
agencies,
community-based
organizations,
and
other
33
public
and
private
organizations.
34
c.
Create
goals
for
state
policy
that
would
prevent
child
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sexual
abuse.
1
d.
Submit
a
final
report
with
its
recommendations
to
the
2
governor
and
the
general
assembly
on
or
before
January
16,
3
2012.
The
recommendations
may
include
proposals
for
specific
4
statutory
changes
and
methods
to
foster
cooperation
among
state
5
agencies
and
between
the
state,
local
school
districts,
and
6
other
local
governments.
7
Sec.
88.
RAILROAD
COMPANY
——
LIMITED
LIABILITY.
A
railroad
8
company
which
alters
facilities
described
in
section
327F.2
9
pursuant
to
a
written
agreement
executed
on
or
before
December
10
31,
2012,
with
a
political
subdivision
with
a
population
of
11
more
than
67,800,
but
less
than
67,900,
according
to
the
2010
12
certified
federal
census,
to
construct
a
flood
mitigation
13
project
shall
receive
the
limitation
on
liability
contained
14
in
section
670.4,
subsection
8,
for
its
facilities
described
15
in
section
327F.2
governed
by
the
written
agreement
for
any
16
damages
caused
by
the
alteration
due
to
a
flood.
17
Sec.
89.
STATE
AGENCY
OFFICE
SUPPLIES
PURCHASE,
18
EQUIPMENT
PURCHASES,
PRINTING
AND
BINDING,
AND
MARKETING
19
——
APPLICABILITY.
The
limitation
on
expenditures
made
for
20
office
supplies,
purchases
of
equipment,
office
equipment,
and
21
equipment
noninventory,
printing
and
binding,
and
marketing
22
implemented
pursuant
to
2011
Iowa
Acts,
House
File
45,
section
23
2,
does
not
apply
to
a
department
or
agency
receiving
a
24
supplemental
appropriation
for
the
fiscal
year
beginning
July
25
1,
2010,
pursuant
to
2011
Iowa
Acts,
Senate
File
209,
division
26
III.
27
Sec.
90.
ELECTIONS-RELATED
SOFTWARE.
28
Any
computer
software
developed
by
a
county
for
purposes
of
29
election
activities
is
the
property
of
the
county
unless
the
30
county
sells
the
rights
to
the
software.
31
Sec.
91.
EFFECTIVE
DATE
——
2011
IOWA
ACTS,
SENATE
FILE
205.
32
1.
2011
Iowa
Acts,
Senate
File
205,
section
3,
amending
33
section
321.47,
subsection
2,
being
deemed
of
immediate
34
importance,
takes
effect
on
the
effective
date
of
this
section
35
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of
this
division
of
this
Act.
1
2.
2011
Iowa
Acts,
Senate
File
205,
section
4,
enacting
2
section
321.113,
subsection
5,
being
deemed
of
immediate
3
importance,
takes
effect
on
the
effective
date
of
this
section
4
of
this
division
of
this
Act.
5
3.
2011
Iowa
Acts,
Senate
File
205,
section
5,
amending
6
section
321.121,
subsection
1,
paragraph
“b”,
being
deemed
of
7
immediate
importance,
takes
effect
on
the
effective
date
of
8
this
section
of
this
division
of
this
Act.
9
4.
2011
Iowa
Acts,
Senate
File
205,
section
6,
enacting
10
section
321.122,
subsection
1,
paragraph
“b”,
subparagraph
11
(3),
being
deemed
of
immediate
importance,
takes
effect
on
the
12
effective
date
of
this
section
of
this
division
of
this
Act.
13
Sec.
92.
Section
80B.6,
subsection
1,
as
amended
by
2011
14
Iowa
Acts,
Senate
File
236,
section
1,
is
amended
to
read
as
15
follows:
16
1.
An
Iowa
law
enforcement
academy
council
is
created
17
consisting
of
the
following
thirteen
fifteen
voting
members
18
appointed
by
the
governor,
subject
to
confirmation
by
the
19
senate,
to
terms
of
four
years
commencing
as
provided
in
20
section
69.19
:
21
a.
Three
residents
of
the
state.
22
b.
A
sheriff
of
a
county
with
a
population
of
fifty
thousand
23
persons
or
more
who
is
a
member
of
the
Iowa
state
sheriffs
and
24
deputies
association.
25
c.
A
sheriff
of
a
county
with
a
population
of
less
than
26
fifty
thousand
persons
who
is
a
member
of
the
Iowa
state
27
sheriffs
and
deputies
association.
28
d.
A
deputy
sheriff
of
a
county
who
is
a
member
of
the
Iowa
29
state
sheriffs
and
deputies
association.
30
e.
A
member
of
the
Iowa
peace
officers
association.
31
f.
A
member
of
the
Iowa
state
police
association.
32
g.
A
member
of
the
Iowa
police
chiefs
association.
33
h.
A
police
officer
who
is
a
member
of
a
police
department
34
of
a
city
with
a
population
of
fifty
thousand
persons
or
more.
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i.
A
police
officer
who
is
a
member
of
a
police
department
1
of
a
city
with
a
population
of
less
than
fifty
thousand
2
persons.
3
j.
A
member
of
the
department
of
public
safety.
4
k.
A
member
of
the
office
of
motor
vehicle
enforcement
of
5
the
department
of
transportation.
6
l.
An
employee
of
a
county
conservation
board
who
is
a
7
certified
peace
officer.
8
m.
A
conservation
peace
officer
employed
under
section
9
456A.13.
10
Sec.
93.
Section
256C.5,
subsection
1,
paragraph
c,
Code
11
2011,
is
amended
to
read
as
follows:
12
c.
“Preschool
budget
enrollment”
means
the
figure
that
13
is
equal
to
sixty
fifty
percent
of
the
actual
enrollment
of
14
eligible
students
in
the
preschool
programming
provided
by
15
a
school
district
approved
to
participate
in
the
preschool
16
program
on
October
1
of
the
base
year,
or
the
first
Monday
in
17
October
if
October
1
falls
on
a
Saturday
or
Sunday.
18
Sec.
94.
Section
279.51,
subsection
2,
Code
2011,
is
amended
19
to
read
as
follows:
20
2.
a.
Funds
allocated
under
subsection
1
,
paragraph
“b”
,
21
shall
be
used
by
the
child
development
coordinating
council
for
22
the
following:
23
a.
(1)
To
continue
funding
for
programs
previously
24
funded
by
grants
awarded
under
section
256A.3
and
to
provide
25
additional
grants
under
section
256A.3
.
The
council
shall
seek
26
to
provide
grants
on
the
basis
of
the
location
within
the
state
27
of
children
meeting
at-risk
definitions.
28
b.
(2)
At
the
discretion
of
the
child
development
29
coordinating
council,
award
grants
for
the
following:
30
(1)
(a)
To
school
districts
to
establish
programs
for
31
three-year-old,
four-year-old,
and
five-year-old
at-risk
32
children
which
are
a
combination
of
preschool
and
full-day
33
kindergarten.
34
(2)
(b)
To
provide
grants
to
provide
educational
support
35
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services
to
parents
of
at-risk
children
age
birth
through
three
1
years.
2
b.
A
grantee
under
this
subsection
may
direct
the
use
of
3
moneys
received
to
serve
any
qualifying
child
ranging
in
age
4
from
three
years
old
to
five
years
old,
regardless
of
the
age
5
of
population
indicated
on
the
grant
request
in
its
initial
6
year
of
application.
A
grantee
is
encouraged
to
consider
the
7
degree
to
which
the
program
complements
existing
programs
and
8
services
for
three-year-old,
four-year-old,
and
five-year-old
9
at-risk
children
available
in
the
area,
including
other
child
10
care
and
preschool
services,
services
provided
through
a
school
11
district,
and
services
available
through
an
area
education
12
agency.
13
Sec.
95.
Section
303.19A,
subsection
1,
as
enacted
by
2011
14
Iowa
Acts,
House
File
267,
section
2,
is
amended
to
read
as
15
follows:
16
1.
The
state
historic
preservation
officer
shall
only
17
recommend
that
a
rural
electric
cooperative
or
a
municipal
18
utility
constructing
electric
distribution
and
transmission
19
facilities
for
which
it
is
receiving
federal
funding
conduct
20
an
archeological
site
survey
of
its
proposed
route
when,
based
21
upon
a
review
of
existing
information
on
historic
properties
22
within
the
area
of
potential
effects
of
the
construction,
the
23
state
historic
preservation
officer
has
determined
that
a
24
historic
property,
as
defined
by
the
federal
National
Historic
25
Preservation
Act
of
1966,
as
amended,
is
likely
to
exist
within
26
the
proposed
route.
27
Sec.
96.
Section
321J.2,
subsection
4,
paragraph
b,
Code
28
2011,
is
amended
to
read
as
follows:
29
b.
Assessment
of
a
minimum
fine
of
one
thousand
eight
30
hundred
fifty
seventy-five
dollars
and
a
maximum
fine
of
six
31
thousand
two
hundred
fifty
dollars.
Surcharges
and
fees
shall
32
be
assessed
pursuant
to
chapter
911
.
33
Sec.
97.
Section
453A.35,
subsection
1,
Code
2011,
is
34
amended
to
read
as
follows:
35
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1.
a.
The
With
the
exception
of
revenues
credited
to
the
1
health
care
trust
fund
pursuant
to
paragraph
“b”
,
the
proceeds
2
derived
from
the
sale
of
stamps
and
the
payment
of
taxes,
fees,
3
and
penalties
provided
for
under
this
chapter
,
and
the
permit
4
fees
received
from
all
permits
issued
by
the
department,
shall
5
be
credited
to
the
general
fund
of
the
state.
However,
of
6
b.
Of
the
revenues
generated
from
the
tax
on
cigarettes
7
pursuant
to
section
453A.6,
subsection
1
,
and
from
the
tax
on
8
tobacco
products
as
specified
in
section
453A.43,
subsections
9
1,
2,
3,
and
4
,
and
credited
to
the
general
fund
of
the
state
10
under
this
subsection
,
there
is
appropriated,
annually,
to
the
11
health
care
trust
fund
created
in
section
453A.35A
,
the
first
12
one
hundred
six
million
sixteen
thousand
four
hundred
dollars
13
shall
be
credited
to
the
health
care
trust
fund
created
in
14
section
453A.35A
.
15
Sec.
98.
Section
453A.35A,
subsection
1,
Code
2011,
is
16
amended
to
read
as
follows:
17
1.
A
health
care
trust
fund
is
created
in
the
office
of
18
the
treasurer
of
state.
The
fund
consists
of
the
revenues
19
generated
from
the
tax
on
cigarettes
pursuant
to
section
20
453A.6,
subsection
1
,
and
from
the
tax
on
tobacco
products
21
as
specified
in
section
453A.43
,
subsections
1,
2,
3,
and
22
4
,
that
are
credited
to
the
general
fund
of
the
state
and
23
appropriated
to
the
health
care
trust
fund,
annually,
pursuant
24
to
section
453A.35
.
Moneys
in
the
fund
shall
be
separate
from
25
the
general
fund
of
the
state
and
shall
not
be
considered
26
part
of
the
general
fund
of
the
state.
However,
the
fund
27
shall
be
considered
a
special
account
for
the
purposes
of
28
section
8.53
relating
to
generally
accepted
accounting
29
principles.
Moneys
in
the
fund
shall
be
used
only
as
specified
30
in
this
section
and
shall
be
appropriated
only
for
the
uses
31
specified.
Moneys
in
the
fund
are
not
subject
to
section
8.33
32
and
shall
not
be
transferred,
used,
obligated,
appropriated,
33
or
otherwise
encumbered,
except
as
provided
in
this
section
.
34
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
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earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
1
the
fund.
2
Sec.
99.
Section
466B.31,
subsection
2,
paragraph
a,
Code
3
2011,
is
amended
by
adding
the
following
new
subparagraphs:
4
NEW
SUBPARAGRAPH
.
(17)
One
member
selected
by
the
5
agribusiness
association
of
Iowa.
6
NEW
SUBPARAGRAPH
.
(18)
One
member
selected
by
the
Iowa
7
floodplain
and
stormwater
management
association.
8
NEW
SUBPARAGRAPH
.
(19)
One
member
selected
by
Iowa
rivers
9
revival.
10
Sec.
100.
Section
537A.5,
subsection
1,
as
enacted
by
2011
11
Iowa
Acts,
Senate
File
396,
section
1,
is
amended
to
read
as
12
follows:
13
1.
As
used
in
this
section
,
“construction
contract”
14
means
an
agreement
relating
to
the
construction,
alteration,
15
improvement,
development,
demolition,
excavation,
16
rehabilitation,
maintenance,
or
repair
of
buildings,
highways,
17
roads,
streets,
bridges,
tunnels,
transportation
facilities,
18
airports,
water
or
sewage
treatment
plants,
power
plants,
19
or
any
other
improvements
to
real
property
in
this
state,
20
including
shafts,
wells,
and
structures,
whether
on
ground,
21
above
ground,
or
underground,
and
includes
agreements
for
22
architectural
services,
design
services,
engineering
services,
23
construction
services,
construction
management
services,
24
development
services,
maintenance
services,
material
purchases,
25
equipment
rental,
and
labor.
“Construction
contract”
includes
26
all
public,
private,
foreign,
or
domestic
agreements
as
27
described
in
this
subsection
other
than
such
public
agreements
28
relating
to
highways,
roads,
and
streets.
29
Sec.
101.
Section
654.4B,
subsection
2,
paragraph
b,
Code
30
2011,
is
amended
to
read
as
follows:
31
b.
This
subsection
is
repealed
July
1,
2011
2012
.
32
Sec.
102.
APPLICABILITY.
The
section
of
this
division
of
33
this
Act
amending
section
256C.5,
subsection
1,
takes
effect
34
upon
enactment,
and
applies
to
budget
years
beginning
on
or
35
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_____
after
July
1,
2011.
1
Sec.
103.
EFFECTIVE
UPON
ENACTMENT.
The
following
2
provision
or
provisions
of
this
division
of
this
Act,
being
3
deemed
of
immediate
importance,
take
effect
upon
enactment:
4
1.
The
section
of
this
division
of
this
Act
amending
section
5
303.19A.
6
2.
The
section
of
this
division
of
this
Act
amending
section
7
654.4B.
8
3.
The
section
of
this
division
of
this
Act
appropriating
9
moneys
to
the
department
of
cultural
affairs
for
purposes
of
a
10
grant
for
the
battleship
Iowa,
BB-61.
11
4.
The
section
of
this
division
of
this
Act
creating
a
task
12
force
on
the
prevention
of
sexual
abuse
of
children.
13
5.
The
section
of
this
division
of
this
Act
providing
14
effective
dates
for
certain
provisions
in
2011
Iowa
Acts,
15
Senate
File
205.
16
6.
The
section
in
this
division
of
this
Act
making
an
17
appropriation
to
the
Iowa
finance
authority
for
a
group
home
18
grant.
19
7.
The
section
of
this
division
of
this
Act
relating
to
20
a
school
district
participating
on
a
contractual
basis
in
a
21
special
education
instructional
program
operated
by
an
area
22
education
agency.
23
Sec.
104.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
24
APPLICABILITY.
The
provision
of
this
division
of
this
Act
25
relating
to
a
limitation
on
state
agency
office
supplies
26
purchase,
equipment
purchases,
printing
and
binding,
and
27
marketing
as
enacted
by
2011
Iowa
Acts,
House
File
45,
being
28
deemed
of
immediate
importance,
takes
effect
upon
enactment
and
29
applies
retroactively
to
March
7,
2011.
30
DIVISION
VIII
31
APPROPRIATION
TRANSFERS
32
REBUILD
IOWA
INFRASTRUCTURE
FUND
33
Sec.
105.
2010
Iowa
Acts,
chapter
1184,
section
26,
is
34
amended
to
read
as
follows:
35
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SEC.
26.
There
is
appropriated
from
the
rebuild
Iowa
1
infrastructure
fund
to
the
department
of
economic
development
2
for
deposit
in
the
grow
Iowa
values
fund,
for
the
fiscal
year
3
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
4
amount,
notwithstanding
section
8.57,
subsection
6
,
paragraph
5
“c”:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
38,000,000
7
Of
the
moneys
appropriated
in
this
section,
from
the
8
amount
allocated
to
the
department
of
economic
development
9
in
accordance
with
2010
Iowa
Acts,
chapter
1184,
section
28,
10
subsection
1,
$1,200,000
shall
be
used
for
the
department’s
11
Iowans
helping
Iowans
business
assistance
program.
12
Notwithstanding
section
8.33,
moneys
designated
pursuant
13
to
this
unnumbered
paragraph
that
remain
unencumbered
or
14
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
15
but
shall
remain
available
for
expenditure
for
the
purposes
16
designated
until
the
close
of
the
succeeding
fiscal
year.
17
CASH
RESERVE
FUND
18
Sec.
106.
2010
Iowa
Acts,
chapter
1193,
section
90,
19
subsection
1,
is
amended
to
read
as
follows:
20
1.
DEPARTMENT
OF
HUMAN
SERVICES
21
For
the
medical
assistance
program:
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$187,800,000
23
a.
Of
the
moneys
appropriated
in
this
subsection,
the
24
following
amounts
shall
be
transferred
as
follows:
25
(1)
To
the
Iowa
finance
authority
to
be
used
for
the
Iowans
26
helping
Iowans
housing
assistance
program:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,050,000
28
(2)
To
the
department
of
human
services
to
be
used
for
the
29
unmet
needs
program
administered
by
the
department:
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,056,603
31
b.
Notwithstanding
section
8.33,
moneys
transferred
32
pursuant
to
paragraph
“a”
that
remain
unencumbered
or
33
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
34
but
shall
remain
available
for
expenditure
for
the
purposes
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designated
until
the
close
of
the
succeeding
fiscal
year.
1
Sec.
107.
EFFECTIVE
DATE
——
APPLICABILITY.
2
1.
This
division
of
this
Act
being
deemed
of
immediate
3
importance
takes
effect
upon
enactment,
and
if
approved
by
the
4
governor
on
or
after
July
1,
2011,
are
retroactively
applicable
5
to
the
date
specified
in
subsection
2.
6
2.
The
provisions
of
this
division
of
this
Act
providing
7
for
transfers
are
retroactively
applicable
to
August
27,
8
2010,
and
apply
in
lieu
of
the
transfers
made
for
the
same
9
purposes
by
the
executive
branch,
as
reported
by
the
department
10
of
management
in
the
transfer
notice
to
the
governor
and
11
lieutenant
governor
dated
August
27,
2010.
12
DIVISION
IX
13
REORGANIZATION
14
Sec.
108.
NEW
SECTION
.
8.75
Contract
services
——
training.
15
1.
Each
department,
as
defined
in
section
8.2,
shall
16
separately
track
the
budget
and
actual
expenditures
for
17
contract
services
and
for
employee
training
for
each
18
appropriation
line
item.
19
2.
The
terms
of
the
contracts
for
contracted
services
20
entered
into
or
revised
during
the
fiscal
year
shall
21
incorporate
quality
assurance
and
cost
control
measures.
22
3.
The
employee
training
tracking
information
shall
be
23
further
divided
into
training
categories.
Each
department’s
24
report
on
training
tracking
shall
specifically
address
the
use
25
of
electronically
based
training.
26
4.
Each
department
shall
report
to
the
legislative
services
27
agency
on
January
15
and
July
15
of
each
year
concerning
28
the
budget,
expenditure,
quality
assurance,
and
cost
control
29
information
addressed
by
this
section
for
the
previous
six
30
calendar
months.
31
Sec.
109.
NEW
SECTION
.
8A.319
State
government
purchasing
32
efforts
——
department
of
administrative
services.
33
In
order
to
facilitate
efficient
and
cost-effective
34
purchasing,
the
department
of
administrative
services
shall
do
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the
following:
1
1.
Require
state
agencies
to
provide
the
department
with
2
a
report
regarding
planned
purchases
on
an
annual
basis
and
3
to
report
on
an
annual
basis
regarding
efforts
to
standardize
4
products
and
services
within
their
own
agencies
and
with
other
5
state
agencies.
6
2.
Require
state
employees
who
conduct
bids
for
services
to
7
receive
training
on
an
annual
basis
about
procurement
rules
and
8
procedures
and
procurement
best
practices.
9
3.
Identify
procurement
compliance
employees
within
the
10
department.
11
4.
Review
the
process
and
basis
for
establishing
12
departmental
fees
for
purchasing.
13
5.
Establish
a
work
group
to
collaborate
on
best
practices
14
to
implement
the
best
cost
savings
for
the
state
concerning
15
purchasing.
16
6.
Explore
interstate
and
intergovernmental
purchasing
17
opportunities
and
encourage
the
legislative
and
judicial
18
branches
to
participate
in
consolidated
purchasing
and
19
efficiencies
wherever
possible.
20
7.
Expand
the
use
of
procurement
cards
throughout
state
21
government
to
facilitate
purchasing
of
items
by
state
agencies.
22
Sec.
110.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
INFORMATION
23
TECHNOLOGY
——
UTILIZATION
BY
LEGISLATIVE
AND
JUDICIAL
24
BRANCH.
The
department
of
administrative
services
shall
25
consult
with
and
explore
opportunities
with
the
legislative
26
and
judicial
branches
of
government
relative
to
the
providing
27
of
information
technology
services
to
those
branches
of
28
government.
29
Sec.
111.
STATE
AGENCY
ELECTRONIC
RENEWAL
NOTICES.
State
30
agencies,
as
defined
in
section
8A.101,
should,
to
the
greatest
31
extent
possible,
utilize
electronic
mail
or
similar
electronic
32
means
to
notify
holders
of
licenses
or
permits
issued
by
that
33
state
agency
that
the
license
or
permit
needs
to
be
renewed.
34
The
chief
information
officer
of
the
state
shall
assist
state
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agencies
in
implementing
the
directive
in
this
section.
1
Sec.
112.
STATE
AGENCY
EFFICIENCY
EFFORTS.
2
1.
LEAN
EFFORTS.
State
agencies
shall
budget
for
and
plan
3
to
conduct
lean
projects
as
described
in
section
8.70.
Each
4
state
agency
shall
coordinate
its
activities
with
the
office
of
5
lean
enterprise
created
in
section
8.70
in
developing
plans
to
6
conduct
lean
projects.
7
2.
SHARED
RESOURCES.
State
agencies
are
encouraged
to
8
share
resources
and
services,
including
staff,
training,
and
9
educational
services,
to
the
greatest
extent
possible
in
order
10
to
best
fulfill
the
duties
of
each
agency
at
the
least
cost.
11
Sec.
113.
JOINT
APPROPRIATIONS
SUBCOMMITTEES
——
REVIEW
OF
12
AGENCY
FEES.
Each
joint
appropriations
subcommittee
of
the
13
general
assembly
shall
examine
and
review
on
an
annual
basis
14
the
fees
charged
by
state
agencies
under
the
purview
of
that
15
joint
appropriations
subcommittee.
16
Sec.
114.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
17
STREAMLINED
HIRING.
The
department
of
administrative
services
18
shall,
in
consultation
with
the
department
of
management,
19
examine
the
process
by
which
state
agencies
hire
personnel
20
with
the
goal
of
simplifying
and
reducing
the
steps
needed
21
for
state
agencies
to
hire
personnel.
The
department
shall
22
provide
information
to
the
general
assembly
concerning
steps
23
taken
to
implement
a
more
streamlined
hiring
process
and
any
24
recommendations
for
legislative
action.
25
Sec.
115.
TOBACCO
RETAIL
COMPLIANCE
CHECKS.
For
the
26
fiscal
year
beginning
July
1,
2011,
and
ending
June
30,
2012,
27
the
terms
of
a
chapter
28D
agreement,
entered
into
between
28
the
division
of
tobacco
use
prevention
and
control
of
the
29
department
of
public
health
and
the
alcoholic
beverages
30
division
of
the
department
of
commerce,
governing
compliance
31
checks
conducted
to
ensure
licensed
retail
tobacco
outlet
32
conformity
with
tobacco
laws,
regulations,
and
ordinances
33
relating
to
persons
under
eighteen
years
of
age,
shall
restrict
34
the
number
of
such
checks
to
one
check
per
retail
outlet,
and
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one
additional
check
for
any
retail
outlet
found
to
be
in
1
violation
during
the
first
check.
2
Sec.
116.
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
——
3
CENTRALIZED
PAYROLL
SYSTEM.
The
department
of
administrative
4
services
shall
examine
the
possibility
of
merging
all
state
5
payroll
systems
into
the
centralized
payroll
system
operated
6
by
the
department.
The
department
shall
consult
with
those
7
entities
of
state
government
not
utilizing
the
centralized
8
payroll
system,
including
but
not
limited
to
the
state
9
department
of
transportation,
about
strategies
for
encouraging
10
utilization
of
the
state’s
centralized
payroll
system
and
by
11
identifying
those
barriers
preventing
merging
of
the
payroll
12
systems.
The
department
shall
provide
information
to
the
joint
13
appropriations
subcommittee
on
administration
and
regulation
14
concerning
efforts
by
the
department
to
merge
payroll
systems
15
and
any
recommendations
for
legislative
action
to
encourage,
or
16
eliminate
barriers
to,
the
provision
of
payroll
services
by
the
17
department
to
other
state
agencies.
18
DIVISION
X
19
MEDICATION
THERAPY
MANAGEMENT
20
Sec.
117.
2010
Iowa
Acts,
chapter
1193,
section
166,
21
subsections
2
and
3,
are
amended
to
read
as
follows:
22
2.
a.
Prior
to
July
1,
2010,
the
department
of
23
administrative
services
shall
utilize
a
request
for
proposals
24
process
to
contract
for
the
provision
of
medication
therapy
25
management
services
beginning
July
1,
2010,
and
prior
to
July
26
1,
2011,
shall
amend
the
contract
to
continue
the
provision
of
27
medication
therapy
management
services
beginning
July
1,
2011,
28
for
eligible
employees
who
meet
any
of
the
following
criteria:
29
(1)
An
individual
who
takes
four
or
more
prescription
drugs
30
to
treat
or
prevent
two
or
more
chronic
medical
conditions.
31
(2)
An
individual
with
a
prescription
drug
therapy
problem
32
who
is
identified
by
the
prescribing
physician
or
other
33
appropriate
prescriber,
and
referred
to
a
pharmacist
for
34
medication
therapy
management
services.
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(3)
An
individual
who
meets
other
criteria
established
by
1
the
third-party
payment
provider
contract,
policy,
or
plan.
2
b.
The
department
of
administrative
services
shall
3
utilize
an
advisory
committee
comprised
of
an
equal
number
of
4
physicians
and
pharmacists
to
provide
advice
and
oversight
5
regarding
the
request
for
proposals
and
evaluation
processes.
6
The
department
shall
appoint
the
members
of
the
advisory
7
council
based
upon
designees
of
the
Iowa
pharmacy
association,
8
the
Iowa
medical
society,
and
the
Iowa
osteopathic
medical
9
association.
10
c.
b.
The
contract
shall
require
the
company
to
provide
11
annual
reports
to
the
general
assembly
detailing
the
costs,
12
savings,
estimated
cost
avoidance
and
return
on
investment,
13
and
patient
outcomes
related
to
the
medication
therapy
14
management
services
provided.
The
company
shall
guarantee
15
demonstrated
annual
savings,
including
any
savings
associated
16
with
cost
avoidance
at
least
equal
to
the
program’s
costs
17
with
any
shortfall
amount
refunded
to
the
state.
As
a
proof
18
of
concept
in
the
program
for
the
period
beginning
July
1,
19
2010,
and
ending
June
30,
2011,
the
company
shall
offer
a
20
dollar-for-dollar
guarantee
for
drug
product
costs
savings
21
alone.
Prior
to
entering
into
a
contract
with
a
company,
22
the
department
and
the
company
shall
agree
on
the
terms,
23
conditions,
and
applicable
measurement
standards
associated
24
with
the
demonstration
of
savings.
The
department
shall
verify
25
the
demonstrated
savings
reported
by
the
company
was
performed
26
in
accordance
with
the
agreed
upon
measurement
standards.
The
27
company
shall
be
prohibited
from
using
the
company’s
employees
28
to
provide
the
medication
therapy
management
services
and
shall
29
instead
be
required
to
contract
with
licensed
pharmacies,
30
pharmacists,
or
physicians.
31
d.
The
fees
for
pharmacist-delivered
medication
therapy
32
management
services
shall
be
separate
from
the
reimbursement
33
for
prescription
drug
product
or
dispensing
services;
shall
34
be
determined
by
each
third-party
payment
provider
contract,
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policy,
or
plan;
and
must
be
reasonable
based
on
the
resources
1
and
time
required
to
provide
the
service.
2
e.
A
fee
shall
be
established
for
physician
reimbursement
3
for
services
delivered
for
medication
therapy
management
as
4
determined
by
each
third-party
payment
provider
contract,
5
policy,
or
plan,
and
must
be
reasonable
based
on
the
resources
6
and
time
required
to
provide
the
service.
7
f.
If
any
part
of
the
medication
therapy
management
8
plan
developed
by
a
pharmacist
incorporates
services
which
9
are
outside
the
pharmacist’s
independent
scope
of
practice
10
including
the
initiation
of
therapy,
modification
of
dosages,
11
therapeutic
interchange,
or
changes
in
drug
therapy,
the
12
express
authorization
of
the
individual’s
physician
or
other
13
appropriate
prescriber
is
required.
14
g.
For
the
contract
period
beginning
July
1,
2011,
the
15
department
shall
utilize
the
services
of
the
college
of
16
pharmacy
at
a
state
university
to
validate
reported
drug
cost
17
savings.
18
h.
The
results
of
the
pilot
program
for
the
period
beginning
19
July
1,
2010,
and
ending
December
31,
2011,
shall
be
submitted
20
to
the
general
assembly
no
later
than
March
1,
2012.
21
3.
This
section
is
repealed
December
31,
2011
2012
.
22
Sec.
118.
TRANSFER
——
MEDICATION
THERAPY
MANAGEMENT
23
PROGRAM.
There
is
transferred
$510,000
from
the
fees
collected
24
by
the
board
of
pharmacy
pursuant
to
chapter
155A
and
retained
25
by
the
board
pursuant
to
the
authority
granted
in
section
26
147.82
to
the
department
of
administrative
services
for
the
27
fiscal
year
beginning
July
1,
2011,
and
ending
June
30,
2012,
28
to
be
used
to
be
used
for
the
medication
therapy
management
29
program.
30
Sec.
119.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
31
APPLICABILITY.
This
division
of
this
Act,
being
deemed
of
32
immediate
importance,
takes
effect
upon
enactment,
and
is
33
retroactively
applicable
to
June
15,
2011.
34
DIVISION
XI
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EARNED
INCOME
TAX
CREDIT
1
Sec.
120.
Section
422.12B,
subsection
1,
Code
2011,
is
2
amended
to
read
as
follows:
3
1.
The
taxes
imposed
under
this
division
less
the
credits
4
allowed
under
section
422.12
shall
be
reduced
by
an
earned
5
income
credit
equal
to
seven
ten
percent
of
the
federal
earned
6
income
credit
provided
in
section
32
of
the
Internal
Revenue
7
Code.
Any
credit
in
excess
of
the
tax
liability
is
refundable.
8
Sec.
121.
RETROACTIVE
APPLICABILITY.
This
division
of
this
9
Act
applies
retroactively
to
January
1,
2011,
for
tax
years
10
beginning
on
or
after
that
date.
11
DIVISION
XII
12
REGULAR
PROGRAM
AND
CATEGORICAL
STATE
PERCENT
13
OF
GROWTH
FOR
EDUCATION
——
FY
2012-2013
14
Sec.
122.
Section
257.8,
subsection
1,
Code
2011,
is
amended
15
to
read
as
follows:
16
1.
State
percent
of
growth.
The
state
percent
of
growth
17
for
the
budget
year
beginning
July
1,
2009,
is
four
percent.
18
The
state
percent
of
growth
for
the
budget
year
beginning
July
19
1,
2010,
is
two
percent.
The
state
percent
of
growth
for
the
20
budget
year
beginning
July
1,
2012,
is
three
percent.
The
21
state
percent
of
growth
for
each
subsequent
budget
year
shall
22
be
established
by
statute
which
shall
be
enacted
within
thirty
23
days
of
the
submission
in
the
year
preceding
the
base
year
of
24
the
governor’s
budget
under
section
8.21
.
The
establishment
of
25
the
state
percent
of
growth
for
a
budget
year
shall
be
the
only
26
subject
matter
of
the
bill
which
enacts
the
state
percent
of
27
growth
for
a
budget
year.
28
Sec.
123.
Section
257.8,
subsection
2,
Code
2011,
is
amended
29
to
read
as
follows:
30
2.
Categorical
state
percent
of
growth.
The
categorical
31
state
percent
of
growth
for
the
budget
year
beginning
July
1,
32
2010,
is
two
percent.
The
categorical
state
percent
of
growth
33
for
the
budget
year
beginning
July
1,
2012,
is
three
percent.
34
The
categorical
state
percent
of
growth
for
each
budget
year
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shall
be
established
by
statute
which
shall
be
enacted
within
1
thirty
days
of
the
submission
in
the
year
preceding
the
2
base
year
of
the
governor’s
budget
under
section
8.21
.
The
3
establishment
of
the
categorical
state
percent
of
growth
for
a
4
budget
year
shall
be
the
only
subject
matter
of
the
bill
which
5
enacts
the
categorical
state
percent
of
growth
for
a
budget
6
year.
The
categorical
state
percent
of
growth
may
include
7
state
percents
of
growth
for
the
teacher
salary
supplement,
the
8
professional
development
supplement,
and
the
early
intervention
9
supplement.
10
Sec.
124.
CODE
SECTION
257.8
——
APPLICABILITY.
The
11
requirements
of
section
257.8
regarding
the
time
period
12
of
enactment
and
the
subject
matter
of
the
legislation
13
establishing
the
state
percent
of
growth
and
the
categorical
14
state
percent
of
growth
for
a
budget
year
are
not
applicable
15
to
the
division.
The
requirements
of
section
257.8
regarding
16
enactment
of
the
regular
program
state
percent
of
growth
and
17
categorical
state
percent
of
growth
within
thirty
days
of
18
the
submission
in
the
year
preceding
the
base
year
of
the
19
governor’s
budget
and
the
requirements
that
the
subject
matter
20
of
each
bill
establishing
the
state
percent
of
growth
or
the
21
categorical
state
percent
of
growth
be
the
only
subject
matter
22
of
the
bill
do
not
apply
to
this
division
of
this
Act.
23
Sec.
125.
APPLICABILITY.
This
division
of
this
Act
is
24
applicable
for
computing
state
aid
under
the
state
school
25
foundation
program
for
the
school
budget
year
beginning
July
26
1,
2012.
27
DIVISION
XIII
28
WITHHOLDING
AGREEMENTS
29
Sec.
126.
Section
403.19A,
subsection
1,
paragraphs
c
and
f,
30
Code
2011,
are
amended
to
read
as
follows:
31
c.
“Employer”
means
a
business
creating
or
retaining
32
targeted
jobs
in
an
urban
renewal
area
of
a
pilot
project
city
33
pursuant
to
a
withholding
agreement.
34
f.
“Targeted
job”
means
a
job
in
a
business
which
is
or
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will
be
located
in
an
urban
renewal
area
of
a
pilot
project
1
city
that
pays
a
wage
at
least
equal
to
the
countywide
average
2
wage.
“Targeted
job”
includes
new
or
retained
jobs
from
Iowa
3
business
expansions
or
retentions
within
the
city
limits
of
the
4
pilot
project
city
and
those
jobs
resulting
from
established
5
out-of-state
businesses,
as
defined
by
the
department
of
6
economic
development,
moving
to
or
expanding
in
Iowa.
7
Sec.
127.
Section
403.19A,
subsection
3,
paragraph
c,
8
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
9
(1)
The
pilot
project
city
shall
enter
into
a
withholding
10
agreement
with
each
employer
concerning
the
targeted
jobs
11
withholding
credit.
The
withholding
agreement
shall
provide
12
for
the
total
amount
of
withholding
tax
credits
awarded.
An
13
agreement
shall
not
provide
for
an
amount
of
withholding
14
credits
that
exceeds
the
amount
of
the
qualifying
investment
15
made
in
the
project.
An
agreement
shall
not
be
entered
into
16
by
a
pilot
project
city
with
a
business
currently
located
in
17
this
state
unless
the
business
either
creates
or
retains
ten
18
new
jobs
or
makes
a
qualifying
investment
of
at
least
five
19
hundred
thousand
dollars
within
the
urban
renewal
area.
The
20
withholding
agreement
may
have
a
term
of
up
to
ten
years.
An
21
employer
shall
not
be
obligated
to
enter
into
a
withholding
22
agreement.
An
agreement
shall
not
be
entered
into
with
an
23
employer
not
already
located
in
a
pilot
project
city
when
24
another
Iowa
community
is
competing
for
the
same
project
and
25
both
the
pilot
project
city
and
the
other
Iowa
community
are
26
seeking
assistance
from
the
department.
27
Sec.
128.
Section
403.19A,
subsection
3,
paragraph
f,
Code
28
2011,
is
amended
to
read
as
follows:
29
f.
If
the
employer
ceases
to
meet
the
requirements
of
the
30
withholding
agreement,
the
agreement
shall
be
terminated
and
31
any
withholding
tax
credits
for
the
benefit
of
the
employer
32
shall
cease.
However,
in
regard
to
the
number
of
new
jobs
33
that
are
to
be
created
or
retained
,
if
the
employer
has
met
34
the
number
of
new
jobs
to
be
created
or
retained
pursuant
to
35
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the
withholding
agreement
and
subsequently
the
number
of
new
1
jobs
falls
below
the
required
level,
the
employer
shall
not
2
be
considered
as
not
meeting
the
new
job
requirement
until
3
eighteen
months
after
the
date
of
the
decrease
in
the
number
of
4
new
jobs
created
or
retained
.
5
Sec.
129.
EFFECTIVE
UPON
ENACTMENT
AND
RETROACTIVE
6
APPLICABILITY.
This
division
of
this
Act,
being
deemed
of
7
immediate
importance,
takes
effect
upon
enactment
and
applies
8
retroactively
to
July
1,
2006,
for
agreements
entered
into
on
9
or
after
that
date.
10
DIVISION
XIV
11
SCHOOL
EMPLOYEE
MISCONDUCT
12
Sec.
130.
Section
272.2,
subsection
1,
paragraph
b,
Code
13
2011,
is
amended
by
striking
the
paragraph
and
inserting
in
14
lieu
thereof
the
following:
15
b.
Provide
annually
to
any
person
who
holds
a
license,
16
certificate,
authorization,
or
statement
of
recognition
17
issued
by
the
board,
training
relating
to
the
knowledge
and
18
understanding
of
the
board’s
code
of
professional
conduct
and
19
ethics.
The
board
shall
develop
a
curriculum
that
addresses
20
the
code
of
professional
conduct
and
ethics
and
shall
annually
21
provide
regional
training
opportunities
throughout
the
state.
22
Sec.
131.
Section
272.15,
subsection
1,
Code
2011,
is
23
amended
to
read
as
follows:
24
1.
a.
The
board
of
directors
of
a
school
district
or
area
25
education
agency,
the
superintendent
of
a
school
district
or
26
the
chief
administrator
of
an
area
education
agency,
and
the
27
authorities
in
charge
of
a
nonpublic
school
shall
report
to
the
28
board
the
nonrenewal
or
termination,
for
reasons
of
alleged
29
or
actual
misconduct,
of
a
person’s
contract
executed
under
30
sections
279.12
,
279.13
,
279.15
through
279.21
,
279.23
,
and
31
279.24
,
and
the
resignation
of
a
person
who
holds
a
license,
32
certificate,
or
authorization
issued
by
the
board
as
a
result
33
of
or
following
an
incident
or
allegation
of
misconduct
that,
34
if
proven,
would
constitute
a
violation
of
the
rules
adopted
35
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by
the
board
to
implement
section
272.2,
subsection
14
,
1
paragraph
“b”
,
subparagraph
(1),
when
the
board
or
reporting
2
official
has
a
good
faith
belief
that
the
incident
occurred
3
or
the
allegation
is
true.
The
board
may
deny
a
license
or
4
revoke
the
license
of
an
administrator
if
the
board
finds
by
5
a
preponderance
of
the
evidence
that
the
administrator
failed
6
to
report
the
termination
or
resignation
of
a
school
employee
7
holding
a
license,
certificate,
statement
of
professional
8
recognition,
or
coaching
authorization,
for
reasons
of
alleged
9
or
actual
misconduct,
as
defined
by
this
section.
10
b.
Information
reported
to
the
board
in
accordance
with
this
11
section
is
privileged
and
confidential,
and
except
as
provided
12
in
section
272.13
,
is
not
subject
to
discovery,
subpoena,
or
13
other
means
of
legal
compulsion
for
its
release
to
a
person
14
other
than
the
respondent
and
the
board
and
its
employees
and
15
agents
involved
in
licensee
discipline,
and
is
not
admissible
16
in
evidence
in
a
judicial
or
administrative
proceeding
other
17
than
the
proceeding
involving
licensee
discipline.
The
board
18
shall
review
the
information
reported
to
determine
whether
a
19
complaint
should
be
initiated.
In
making
that
determination,
20
the
board
shall
consider
the
factors
enumerated
in
section
21
272.2,
subsection
14
,
paragraph
“a”
.
22
c.
For
purposes
of
this
section
,
unless
the
context
23
otherwise
requires,
“misconduct”
means
an
action
disqualifying
24
an
applicant
for
a
license
or
causing
the
license
of
a
person
25
to
be
revoked
or
suspended
in
accordance
with
the
rules
26
adopted
by
the
board
to
implement
section
272.2,
subsection
14
,
27
paragraph
“b”
,
subparagraph
(1).
28
Sec.
132.
Section
280.17,
Code
2011,
is
amended
to
read
as
29
follows:
30
280.17
Procedures
for
handling
child
abuse
reports.
31
1.
The
board
of
directors
of
a
public
school
district
32
and
the
authorities
in
control
charge
of
a
nonpublic
school
33
shall
prescribe
procedures,
in
accordance
with
the
guidelines
34
contained
in
the
model
policy
developed
by
the
department
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of
education
in
consultation
with
the
department
of
human
1
services,
and
adopted
by
the
department
of
education
pursuant
2
to
chapter
17A
,
for
the
handling
of
reports
of
child
abuse,
as
3
defined
in
section
232.68,
subsection
2
,
paragraph
“a”
,
“c”
,
or
4
“e”
,
alleged
to
have
been
committed
by
an
employee
or
agent
of
5
the
public
or
nonpublic
school.
6
2.
a.
The
board
of
directors
of
a
school
district
and
the
7
authorities
in
charge
of
an
accredited
nonpublic
school
shall
8
place
on
administrative
leave
a
school
employee
who
is
the
9
subject
of
an
investigation
of
an
alleged
incident
of
abuse
of
10
a
student
conducted
in
accordance
with
281
IAC
102.
11
b.
If
the
results
of
an
investigation
of
abuse
of
a
12
student
by
a
school
employee
who
holds
a
license,
certificate,
13
authorization,
or
statement
of
recognition
issued
by
the
board
14
of
educational
examiners
finds
that
the
school
employee’s
15
conduct
constitutes
a
crime
under
any
other
statute,
the
board
16
or
the
authorities,
as
appropriate,
shall
report
the
results
of
17
the
investigation
to
the
board
of
educational
examiners.
18
Sec.
133.
Section
280.27,
Code
2011,
is
amended
to
read
as
19
follows:
20
280.27
Reporting
violence
——
immunity.
21
An
employee
of
a
school
district,
an
accredited
nonpublic
22
school,
or
an
area
education
agency
who
participates
in
good
23
faith
and
acts
reasonably
in
the
making
of
a
report
to,
or
24
investigation
by,
an
appropriate
person
or
agency
regarding
25
violence,
threats
of
violence,
physical
or
sexual
abuse
of
26
a
student,
or
other
inappropriate
activity
against
a
school
27
employee
or
student
in
a
school
building,
on
school
grounds,
28
or
at
a
school-sponsored
function
shall
be
immune
from
civil
29
or
criminal
liability
relating
to
such
action,
as
well
as
for
30
participating
in
any
administrative
or
judicial
proceeding
31
resulting
from
or
relating
to
the
report
or
investigation.
32
DIVISION
XV
33
BUSINESS
PROPERTY
TAX
CREDITS
34
Sec.
134.
Section
331.512,
Code
2011,
is
amended
by
adding
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the
following
new
subsection:
1
NEW
SUBSECTION
.
13A.
Carry
out
duties
relating
to
the
2
business
property
tax
credit
as
provided
in
chapter
426C.
3
Sec.
135.
Section
331.559,
Code
2011,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
14A.
Carry
out
duties
relating
to
the
6
business
property
tax
credit
as
provided
in
chapter
426C.
7
Sec.
136.
NEW
SECTION
.
426C.1
Definitions.
8
1.
For
the
purposes
of
this
chapter,
unless
the
context
9
otherwise
requires:
10
a.
“Contiguous
parcels”
means
any
of
the
following:
11
(1)
Parcels
that
share
one
or
more
common
boundaries.
12
(2)
Parcels
within
the
same
building
or
structure
13
regardless
of
whether
the
parcels
share
one
or
more
common
14
boundaries.
15
(3)
Improvements
to
the
land
that
are
situated
on
one
or
16
more
parcels
of
land
that
are
assessed
and
taxed
separately
17
from
the
improvements
if
the
parcels
of
land
upon
which
the
18
improvements
are
situated
share
one
or
more
common
boundaries.
19
b.
“Department”
means
the
department
of
revenue.
20
c.
“Fund”
means
the
business
property
tax
credit
fund
21
created
in
section
426C.2.
22
d.
“Parcel”
means
as
defined
in
section
445.1.
23
e.
“Property
unit”
means
contiguous
parcels
all
of
which
24
are
located
within
the
same
county,
with
the
same
property
tax
25
classification,
each
of
which
contains
permanent
improvements,
26
are
owned
by
the
same
person,
and
are
operated
by
that
person
27
for
a
common
use
and
purpose.
28
2.
For
purposes
of
this
chapter,
two
or
more
parcels
are
29
considered
to
be
owned
by
the
same
person
if
the
owners
of
30
the
parcels
are
business
entities
that
share
common
ownership
31
of
each
entity
in
an
amount
equal
to
or
in
excess
of
fifty
32
percent.
33
Sec.
137.
NEW
SECTION
.
426C.2
Business
property
tax
credit
34
fund
——
appropriation.
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1.
A
business
property
tax
credit
fund
is
created
in
the
1
state
treasury
under
the
authority
of
the
department.
For
the
2
fiscal
year
beginning
July
1,
2012,
there
is
appropriated
from
3
the
general
fund
of
the
state
to
the
department
to
be
credited
4
to
the
fund,
the
sum
of
fifty
million
dollars
to
be
used
for
5
business
property
tax
credits
authorized
in
this
chapter.
For
6
the
fiscal
year
beginning
July
1,
2013,
and
each
fiscal
year
7
thereafter,
there
is
appropriated
from
the
general
fund
of
the
8
state
to
the
department
to
be
credited
to
the
fund
an
amount
9
equal
to
the
total
amount
appropriated
by
the
general
assembly
10
to
the
fund
in
the
previous
fiscal
year.
In
addition,
the
sum
11
of
fifty
million
dollars
shall
be
added
to
the
appropriation
12
in
each
fiscal
year
beginning
on
or
after
July
1,
2013,
if
13
the
revenue
estimating
conference
certifies
during
its
final
14
meeting
of
the
calendar
year
ending
prior
to
the
beginning
of
15
the
fiscal
year
that
the
total
amount
of
general
fund
revenues
16
collected
during
the
fiscal
year
ending
during
such
calendar
17
year
was
at
least
one
hundred
four
percent
of
the
total
amount
18
of
general
fund
revenues
collected
during
the
previous
fiscal
19
year.
However,
the
total
appropriation
to
the
fund
shall
not
20
exceed
two
hundred
million
dollars
for
any
one
fiscal
year.
21
2.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
22
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
23
the
fund.
Moneys
in
the
fund
are
not
subject
to
the
provisions
24
of
section
8.33
and
shall
not
be
transferred,
used,
obligated,
25
appropriated,
or
otherwise
encumbered
except
as
provided
in
26
this
chapter.
27
Sec.
138.
NEW
SECTION
.
426C.3
Claims
for
credit.
28
1.
Each
person
who
wishes
to
claim
the
credit
allowed
29
under
this
chapter
shall
obtain
the
appropriate
forms
from
the
30
assessor
and
file
the
claim
with
the
assessor.
The
director
31
of
revenue
shall
prescribe
suitable
forms
and
instructions
for
32
such
claims,
and
make
such
forms
and
instructions
available
to
33
the
assessors.
34
2.
a.
Claims
for
the
business
property
tax
credit
shall
be
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filed
not
later
than
March
15
preceding
the
fiscal
year
during
1
which
the
taxes
for
which
the
credit
is
claimed
are
due
and
2
payable.
3
b.
A
claim
filed
after
the
deadline
for
filing
claims
shall
4
be
considered
as
a
claim
for
the
following
year.
5
3.
Upon
the
filing
of
a
claim
and
allowance
of
the
credit,
6
the
credit
shall
be
allowed
on
the
parcel
or
property
unit
for
7
successive
years
without
further
filing
as
long
as
the
parcel
8
or
property
unit
satisfies
the
requirements
for
the
credit.
If
9
the
parcel
or
property
unit
owner
ceases
to
qualify
for
the
10
credit
under
this
chapter,
the
owner
shall
provide
written
11
notice
to
the
assessor
by
the
date
for
filing
claims
specified
12
in
subsection
2
following
the
date
on
which
the
parcel
or
13
property
unit
ceases
to
qualify
for
the
credit.
14
4.
When
all
or
a
portion
of
a
parcel
or
property
unit
that
15
is
allowed
a
credit
under
this
chapter
is
sold,
transferred,
16
or
ownership
otherwise
changes,
the
buyer,
transferee,
or
new
17
owner
who
wishes
to
receive
the
credit
shall
refile
the
claim
18
for
credit.
When
a
portion
of
a
parcel
or
property
unit
that
19
is
allowed
a
credit
under
this
chapter
is
sold,
transferred,
20
or
ownership
otherwise
changes,
the
owner
of
the
portion
of
21
the
parcel
or
property
unit
for
which
ownership
did
not
change
22
shall
refile
the
claim
for
credit.
23
5.
The
assessor
shall
remit
the
claims
for
credit
to
the
24
county
auditor
with
the
assessor’s
recommendation
for
allowance
25
or
disallowance.
If
the
assessor
recommends
disallowance
26
of
a
claim,
the
assessor
shall
submit
the
reasons
for
the
27
recommendation,
in
writing,
to
the
county
auditor.
The
county
28
auditor
shall
forward
the
claims
to
the
board
of
supervisors.
29
The
board
shall
allow
or
disallow
the
claims.
30
6.
For
each
claim
and
allowance
of
a
credit
for
a
property
31
unit,
the
county
auditor
shall
calculate
the
average
of
all
32
consolidated
levy
rates
applicable
to
the
several
parcels
33
within
the
property
unit.
All
claims
for
credit
which
have
34
been
allowed
by
the
board
of
supervisors,
the
actual
value
of
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the
improvements
to
such
parcels
and
property
units
applicable
1
to
the
fiscal
year
for
which
the
credit
is
claimed
that
are
2
subject
to
assessment
and
taxation
prior
to
imposition
of
any
3
applicable
assessment
limitation,
the
consolidated
levy
rates
4
for
such
parcels
and
the
average
consolidated
levy
rates
for
5
such
property
units
applicable
to
the
fiscal
year
for
which
the
6
credit
is
claimed,
and
the
taxing
districts
in
which
the
parcel
7
or
property
unit
is
located,
shall
be
certified
on
or
before
8
June
15,
in
each
year,
by
the
county
auditor
to
the
department.
9
7.
The
assessor
shall
maintain
a
permanent
file
of
current
10
business
property
tax
credits.
The
assessor
shall
file
a
11
notice
of
transfer
of
property
for
which
a
credit
has
been
12
allowed
when
notice
is
received
from
the
office
of
the
county
13
recorder,
from
the
person
who
sold
or
transferred
the
property,
14
or
from
the
personal
representative
of
a
deceased
property
15
owner.
The
county
recorder
shall
give
notice
to
the
assessor
16
of
each
transfer
of
title
filed
in
the
recorder’s
office.
The
17
notice
from
the
county
recorder
shall
describe
the
property
18
transferred,
the
name
of
the
person
transferring
title
to
the
19
property,
and
the
name
of
the
person
to
whom
title
to
the
20
property
has
been
transferred.
21
Sec.
139.
NEW
SECTION
.
426C.4
Eligibility
and
amount
of
22
credit.
23
1.
Each
parcel
classified
and
taxed
as
commercial
property,
24
industrial
property,
or
railway
property
under
chapter
434,
25
and
improved
with
permanent
construction,
is
eligible
for
a
26
credit
under
this
chapter.
A
person
may
claim
and
receive
one
27
credit
under
this
chapter
for
each
eligible
parcel
unless
the
28
parcel
is
part
of
a
property
unit.
A
person
may
only
claim
and
29
receive
one
credit
under
this
chapter
for
each
property
unit.
30
A
credit
approved
for
a
property
unit
shall
be
allocated
to
the
31
several
parcels
within
the
property
unit
in
the
proportion
that
32
each
parcel’s
total
amount
of
property
taxes
due
and
payable
33
attributable
to
the
improvements
bears
to
the
total
amount
of
34
property
taxes
due
and
payable
attributable
to
the
improvements
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for
the
property
unit.
Only
property
units
comprised
of
1
commercial
property,
comprised
of
industrial
property,
or
2
comprised
of
railway
property
under
chapter
434
are
eligible
3
for
a
credit
under
this
chapter.
4
2.
Using
the
actual
value
of
the
improvements
and
the
5
consolidated
levy
rate
for
each
parcel
or
the
average
6
consolidated
levy
rate
for
each
property
unit,
as
certified
7
by
the
county
auditor
to
the
department
under
section
426C.3,
8
subsection
6,
the
department
shall
calculate,
for
each
fiscal
9
year,
an
initial
amount
of
actual
value
of
improvements
for
10
use
in
determining
the
amount
of
the
credit
for
each
such
11
parcel
or
property
unit
so
as
to
provide
the
maximum
possible
12
credit
according
to
the
credit
formula
and
limitations
under
13
subsection
3,
and
to
provide
a
total
dollar
amount
of
credits
14
against
the
taxes
due
and
payable
in
the
fiscal
year
equal
to
15
ninety-eight
percent
of
the
moneys
in
the
fund
following
the
16
deposit
of
the
total
appropriation
for
the
fiscal
year.
17
3.
a.
The
amount
of
the
credit
for
each
parcel
or
property
18
unit
for
which
a
claim
for
credit
under
this
chapter
has
19
been
approved
shall
be
calculated
under
paragraph
“b”
using
20
the
lesser
of
the
initial
amount
of
actual
value
of
the
21
improvements
determined
by
the
department
under
subsection
22
2,
and
the
actual
value
of
the
improvements
to
the
parcel
or
23
property
unit
as
certified
by
the
county
auditor
under
section
24
426C.3,
subsection
6.
25
b.
The
amount
of
the
credit
for
each
parcel
or
property
26
unit
for
which
a
claim
for
credit
under
this
chapter
has
27
been
approved
shall
be
equal
to
the
amount
of
actual
value
28
determined
under
paragraph
“a”
multiplied
by
the
difference,
29
stated
as
a
percentage,
between
the
assessment
limitation
30
applicable
to
the
parcel
or
property
unit
under
section
441.21,
31
subsection
5,
and
the
assessment
limitation
applicable
to
32
residential
property
under
section
441.21,
subsection
4,
33
divided
by
one
thousand
dollars,
and
then
multiplied
by
the
34
consolidated
levy
rate
or
average
consolidated
levy
rate
per
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one
thousand
dollars
of
taxable
value
applicable
to
the
parcel
1
or
property
unit
for
the
fiscal
year
for
which
the
credit
2
is
claimed
as
certified
by
the
county
auditor
under
section
3
426C.3,
subsection
6.
4
Sec.
140.
NEW
SECTION
.
426C.5
Payment
to
counties.
5
1.
Annually
the
department
shall
certify
to
the
county
6
auditor
of
each
county
the
amounts
of
the
business
property
7
tax
credits
allowed
in
the
county.
Each
county
auditor
shall
8
then
enter
the
credits
against
the
tax
levied
on
each
eligible
9
parcel
or
property
unit
in
the
county,
designating
on
the
tax
10
lists
the
credit
as
being
from
the
fund.
Each
taxing
district
11
shall
receive
its
share
of
the
business
property
tax
credit
12
allowed
on
each
eligible
parcel
or
property
unit
in
such
taxing
13
district,
in
the
proportion
that
the
levy
made
by
such
taxing
14
district
upon
the
parcel
or
property
unit
bears
to
the
total
15
levy
upon
the
parcel
or
property
unit
by
all
taxing
districts
16
imposing
a
property
tax
in
such
taxing
district.
However,
the
17
several
taxing
districts
shall
not
draw
the
moneys
so
credited
18
until
after
the
semiannual
allocations
have
been
received
by
19
the
county
treasurer,
as
provided
in
this
section.
Each
county
20
treasurer
shall
show
on
each
tax
receipt
the
amount
of
credit
21
received
from
the
fund.
22
2.
The
director
of
the
department
of
administrative
23
services
shall
issue
warrants
on
the
fund
payable
to
the
county
24
treasurers
of
the
several
counties
of
the
state
under
this
25
chapter.
26
3.
The
amount
due
each
county
shall
be
paid
in
two
payments
27
on
November
15
and
March
15
of
each
fiscal
year,
drawn
upon
28
warrants
payable
to
the
respective
county
treasurers.
The
two
29
payments
shall
be
as
nearly
equal
as
possible.
30
Sec.
141.
NEW
SECTION
.
426C.6
Appeals.
31
1.
If
the
board
of
supervisors
disallows
a
claim
for
credit
32
under
section
426C.3,
subsection
5,
the
board
of
supervisors
33
shall
send
written
notice,
by
mail,
to
the
claimant
at
the
34
claimant’s
last
known
address.
The
notice
shall
state
the
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reasons
for
disallowing
the
claim
for
the
credit.
The
board
1
of
supervisors
is
not
required
to
send
notice
that
a
claim
for
2
credit
is
disallowed
if
the
claimant
voluntarily
withdraws
the
3
claim.
Any
person
whose
claim
is
denied
under
the
provisions
4
of
this
chapter
may
appeal
from
the
action
of
the
board
of
5
supervisors
to
the
district
court
of
the
county
in
which
the
6
parcel
or
property
unit
is
located
by
giving
written
notice
7
of
such
appeal
to
the
county
auditor
within
twenty
days
from
8
the
date
of
mailing
of
notice
of
such
action
by
the
board
of
9
supervisors.
10
2.
If
any
claim
for
credit
has
been
denied
by
the
board
11
of
supervisors,
and
such
action
is
subsequently
reversed
on
12
appeal,
the
credit
shall
be
allowed
on
the
applicable
parcel
13
or
property
unit,
and
the
director
of
revenue,
the
county
14
auditor,
and
the
county
treasurer
shall
provide
the
credit
and
15
change
their
books
and
records
accordingly.
In
the
event
the
16
appealing
taxpayer
has
paid
one
or
both
of
the
installments
of
17
the
tax
payable
in
the
year
or
years
in
question,
remittance
18
shall
be
made
to
such
taxpayer
of
the
amount
of
such
credit.
19
The
amount
of
such
credit
awarded
on
appeal
shall
be
allocated
20
and
paid
from
the
balance
remaining
in
the
fund.
21
Sec.
142.
NEW
SECTION
.
426C.7
Audit
——
denial.
22
1.
If
on
the
audit
of
a
credit
provided
under
this
chapter,
23
the
director
of
revenue
determines
the
amount
of
the
credit
24
to
have
been
incorrectly
calculated
or
that
the
credit
is
25
not
allowable,
the
director
shall
recalculate
the
credit
and
26
notify
the
taxpayer
and
the
county
auditor
of
the
recalculation
27
or
denial
and
the
reasons
for
it.
The
director
shall
not
28
adjust
a
credit
after
three
years
from
October
31
of
the
year
29
in
which
the
claim
for
the
credit
was
filed.
If
the
credit
30
has
been
paid,
the
director
shall
give
notification
to
the
31
taxpayer,
the
county
treasurer,
and
the
applicable
assessor
32
of
the
recalculation
or
denial
of
the
credit
and
the
county
33
treasurer
shall
proceed
to
collect
the
tax
owed
in
the
same
34
manner
as
other
property
taxes
due
and
payable
are
collected,
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if
the
parcel
or
property
unit
for
which
the
credit
was
allowed
1
is
still
owned
by
the
taxpayer.
If
the
parcel
or
property
unit
2
for
which
the
credit
was
allowed
is
not
owned
by
the
taxpayer,
3
the
amount
may
be
recovered
from
the
taxpayer
by
assessment
in
4
the
same
manner
that
income
taxes
are
assessed
under
sections
5
422.26
and
422.30.
The
amount
of
such
erroneous
credit,
when
6
collected,
shall
be
deposited
in
the
fund.
7
2.
The
taxpayer
or
board
of
supervisors
may
appeal
any
8
decision
of
the
director
of
revenue
to
the
state
board
of
tax
9
review
pursuant
to
section
421.1,
subsection
5.
The
taxpayer,
10
the
board
of
supervisors,
or
the
director
of
revenue
may
seek
11
judicial
review
of
the
action
of
the
state
board
of
tax
review
12
in
accordance
with
chapter
17A.
13
Sec.
143.
NEW
SECTION
.
426C.8
False
claim
——
penalty.
14
A
person
who
makes
a
false
claim
for
the
purpose
of
obtaining
15
a
credit
provided
for
in
this
chapter
or
who
knowingly
receives
16
the
credit
without
being
legally
entitled
to
it
is
guilty
of
a
17
fraudulent
practice.
The
claim
for
a
credit
of
such
a
person
18
shall
be
disallowed
and
if
the
credit
has
been
paid
the
amount
19
shall
be
recovered
in
the
manner
provided
in
section
426C.7.
20
In
such
cases,
the
director
of
revenue
shall
send
a
notice
of
21
disallowance
of
the
credit.
22
Sec.
144.
NEW
SECTION
.
426C.9
Rules.
23
The
director
of
revenue
shall
prescribe
forms,
instructions,
24
and
rules
pursuant
to
chapter
17A,
as
necessary,
to
carry
out
25
the
purposes
of
this
chapter.
26
Sec.
145.
IMPLEMENTATION.
Notwithstanding
the
deadline
27
for
filing
claims
established
in
section
426C.3,
for
a
credit
28
against
property
taxes
due
and
payable
during
the
fiscal
year
29
beginning
July
1,
2012,
the
claim
for
the
credit
shall
be
filed
30
not
later
than
January
15,
2012.
31
Sec.
146.
APPLICABILITY.
This
division
of
this
Act
applies
32
to
property
taxes
due
and
payable
in
fiscal
years
beginning
on
33
or
after
July
1,
2012.
34
DIVISION
XVI
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COUNTY
AND
CITY
BUDGET
LIMITATION
1
Sec.
147.
Section
28M.5,
subsection
2,
Code
2011,
is
amended
2
to
read
as
follows:
3
2.
If
a
regional
transit
district
budget
allocates
4
revenue
responsibilities
to
the
board
of
supervisors
of
a
5
participating
county,
the
amount
of
the
regional
transit
6
district
levy
that
is
the
responsibility
of
the
participating
7
county
shall
be
deducted
from
the
maximum
rates
amount
of
taxes
8
authorized
to
be
levied
by
the
county
pursuant
to
section
9
331.423
,
subsections
1
and
2
subsection
3,
paragraphs
“b”
10
and
“c”
,
as
applicable,
unless
the
county
meets
its
revenue
11
responsibilities
as
allocated
in
the
budget
from
other
12
available
revenue
sources.
However,
for
a
regional
transit
13
district
that
includes
a
county
with
a
population
of
less
than
14
three
hundred
thousand,
the
amount
of
the
regional
transit
15
district
levy
that
is
the
responsibility
of
such
participating
16
county
shall
be
deducted
from
the
maximum
rate
amount
of
taxes
17
authorized
to
be
levied
by
the
county
pursuant
to
section
18
331.423,
subsection
1
3,
paragraph
“b”
.
19
Sec.
148.
Section
331.263,
subsection
2,
Code
2011,
is
20
amended
to
read
as
follows:
21
2.
The
governing
body
of
the
community
commonwealth
22
shall
have
the
authority
to
levy
county
taxes
and
shall
23
have
the
authority
to
levy
city
taxes
to
the
extent
the
24
city
tax
levy
authority
is
transferred
by
the
charter
to
25
the
community
commonwealth.
A
city
participating
in
the
26
community
commonwealth
shall
transfer
a
portion
of
the
27
city’s
tax
levy
authorized
under
section
384.1
or
384.12
,
28
whichever
is
applicable,
to
the
governing
body
of
the
community
29
commonwealth.
The
maximum
rates
amount
of
taxes
authorized
to
30
be
levied
under
sections
section
384.1
and
the
maximum
amount
31
of
taxes
authorized
to
be
levied
under
section
384.12
by
a
city
32
participating
in
the
community
commonwealth
shall
be
reduced
33
by
an
amount
equal
to
the
rates
of
the
same
or
similar
taxes
34
levied
in
the
city
by
the
governing
body
of
the
community
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commonwealth.
1
Sec.
149.
Section
331.421,
Code
2011,
is
amended
by
adding
2
the
following
new
subsection:
3
NEW
SUBSECTION
.
7A.
“Item”
means
a
budgeted
expenditure,
4
appropriation,
or
cash
reserve
from
a
fund
for
a
service
area,
5
program,
program
element,
or
purpose.
6
Sec.
150.
Section
331.423,
Code
2011,
is
amended
by
striking
7
the
section
and
inserting
in
lieu
thereof
the
following:
8
331.423
Property
tax
dollars
——
basic
levy
maximums.
9
1.
Annually,
the
board
shall
determine
separate
property
10
tax
levy
limits
to
pay
for
general
county
services
and
rural
11
county
services
in
accordance
with
this
section.
The
basic
12
levies
separately
certified
for
general
county
services
and
13
rural
county
services
under
section
331.434
shall
not
raise
14
property
tax
dollars
that
exceed
the
amount
determined
under
15
this
section.
16
2.
For
purposes
of
this
section
and
section
331.423B,
unless
17
the
context
otherwise
requires:
18
a.
“Annual
growth
factor”
means
an
index,
expressed
as
19
a
percentage,
determined
by
the
department
of
management
by
20
November
1
of
the
calendar
year
preceding
the
calendar
year
in
21
which
the
budget
year
begins.
In
determining
the
annual
growth
22
factor,
the
department
shall
calculate
the
average
of
the
23
preceding
three-year
percentage
change,
which
shall
be
computed
24
on
an
annual
basis,
in
the
midwest
consumer
price
index,
ending
25
with
the
percentage
change
for
the
month
of
September.
The
26
department
shall
then
add
that
average
percentage
change
to
one
27
hundred
percent.
28
b.
“Boundary
adjustment”
means
annexation,
severance,
29
incorporation,
or
discontinuance
as
those
terms
are
defined
in
30
section
368.1.
31
c.
“Budget
year”
is
the
fiscal
year
beginning
during
the
32
calendar
year
in
which
a
budget
is
certified.
33
d.
“Current
fiscal
year”
is
the
fiscal
year
ending
during
34
the
calendar
year
in
which
a
budget
is
certified.
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e.
“Net
new
valuation
taxes”
means
the
amount
of
property
1
tax
dollars
equal
to
the
current
fiscal
year’s
basic
levy
rate
2
in
the
county
for
general
county
services
or
for
rural
county
3
services,
as
applicable,
multiplied
by
the
increase
from
the
4
current
fiscal
year
to
the
budget
year
in
taxable
valuation
due
5
to
the
following:
6
(1)
Net
new
construction,
including
all
incremental
7
valuation
that
is
released
in
any
one
year
from
a
division
of
8
revenue
under
section
260E.4
or
an
urban
renewal
area
for
which
9
taxes
were
being
divided
under
section
403.19,
regardless
of
10
whether
the
property
for
the
valuation
being
released
remains
11
subject
to
the
division
of
revenue
under
section
260E.4
or
12
remains
part
of
the
urban
renewal
area
that
is
subject
to
13
a
division
of
revenue
under
section
403.19.
The
amount
of
14
property
tax
dollars
attributable
to
such
incremental
valuation
15
being
released
from
a
division
of
revenue
shall
be
subtracted
16
from
the
maximum
amount
of
property
tax
dollars
which
may
17
be
certified
for
the
next
following
fiscal
year
if
such
18
incremental
valuation
is
not
released
for
the
next
following
19
fiscal
year.
20
(2)
Additions
or
improvements
to
existing
structures.
21
(3)
Remodeling
of
existing
structures
for
which
a
building
22
permit
is
required.
23
(4)
Net
boundary
adjustment.
24
(5)
A
municipality
no
longer
dividing
tax
revenues
in
an
25
urban
renewal
area
as
provided
in
section
403.19
or
a
community
26
college
no
longer
dividing
revenues
as
provided
in
section
27
260E.4.
28
(6)
That
portion
of
taxable
property
located
in
an
urban
29
revitalization
area
on
which
an
exemption
was
allowed
and
such
30
exemption
has
expired.
31
f.
“Unfunded
federal
and
state
mandate
cost
growth”
means
an
32
amount
of
increased
expenditures
for
a
county
from
the
previous
33
fiscal
year,
to
the
extent
such
expenditures
are
not
funded
by
34
the
county’s
supplemental
levy
under
section
331.424,
resulting
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from
any
of
the
following:
1
(1)
A
federal
statutory
requirement
or
appropriation
2
that
requires
the
county
to
establish,
expand,
or
modify
its
3
activities
in
a
manner
which
necessitates
additional
annual
4
expenditures
and
for
which
insufficient
funding
is
provided
to
5
the
county
to
satisfy
such
requirements.
6
(2)
A
state
mandate
as
defined
in
section
25B.3,
and
for
7
which
insufficient
funding
is
provided
to
the
county
to
satisfy
8
the
requirements
of
the
state
mandate.
9
3.
a.
For
the
fiscal
year
beginning
July
1,
2013,
and
10
subsequent
fiscal
years,
the
maximum
amount
of
property
tax
11
dollars
which
may
be
certified
for
levy
by
a
county
for
general
12
county
services
and
rural
county
services
shall
be
the
maximum
13
property
tax
dollars
calculated
under
paragraphs
“b”
and
“c”
,
14
respectively.
15
b.
The
maximum
property
tax
dollars
that
may
be
levied
for
16
general
county
services
is
an
amount
equal
to
the
sum
of
the
17
following:
18
(1)
The
annual
growth
factor
times
the
current
fiscal
year’s
19
maximum
property
tax
dollars
for
general
county
services.
20
(2)
The
amount
of
net
new
valuation
taxes
in
the
county.
21
(3)
The
unfunded
federal
and
state
mandate
cost
growth
minus
22
the
amount
specified
in
paragraph
“c”
,
subparagraph
(3).
23
c.
The
maximum
property
tax
dollars
that
may
be
levied
for
24
rural
county
services
is
an
amount
equal
to
the
sum
of
the
25
following:
26
(1)
The
annual
growth
factor
times
the
current
fiscal
year’s
27
maximum
property
tax
dollars
for
rural
county
services.
28
(2)
The
amount
of
net
new
valuation
taxes
in
the
29
unincorporated
area
of
the
county.
30
(3)
The
unfunded
federal
and
state
mandate
cost
growth
31
attributable
to
the
costs
incurred
by
the
county
for
rural
32
county
services.
33
4.
a.
For
purposes
of
calculating
maximum
property
tax
34
dollars
for
general
county
services
for
the
fiscal
year
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beginning
July
1,
2013,
only,
the
term
“current
fiscal
year’s
1
maximum
property
tax
dollars”
shall
mean
the
total
amount
of
2
property
tax
dollars
certified
by
the
county
for
general
county
3
services
for
the
fiscal
year
beginning
July
1,
2012,
excluding
4
those
property
tax
dollars
that
resulted
from
a
supplemental
5
levy
under
section
331.424,
subsection
1.
6
b.
For
purposes
of
calculating
maximum
property
tax
dollars
7
for
rural
county
services
for
the
fiscal
year
beginning
July
8
1,
2013,
only,
the
term
“current
fiscal
year’s
maximum
property
9
tax
dollars”
shall
mean
the
total
amount
of
property
tax
dollars
10
certified
by
the
county
for
rural
county
services
for
the
11
fiscal
year
beginning
July
1,
2012,
excluding
those
property
12
tax
dollars
that
resulted
from
a
supplemental
levy
under
13
section
331.424,
subsection
2.
14
5.
Property
taxes
certified
under
section
331.424,
property
15
taxes
certified
for
deposit
in
the
mental
health,
mental
16
retardation,
and
developmental
disabilities
services
fund
in
17
section
331.424A,
for
the
emergency
services
fund
in
section
18
331.424C,
for
the
debt
service
fund
in
section
331.430,
for
any
19
capital
projects
fund
established
by
the
county
for
deposit
of
20
bond,
loan,
or
note
proceeds,
and
for
any
temporary
increase
21
approved
pursuant
to
section
331.423C,
are
not
included
in
the
22
maximum
amount
of
property
tax
dollars
that
may
be
certified
23
for
a
budget
year
under
subsection
3.
24
6.
The
department
of
management,
in
consultation
with
the
25
county
finance
committee,
shall
adopt
rules
to
administer
this
26
section.
The
department
shall
prescribe
forms
to
be
used
by
27
counties
when
making
calculations
required
by
this
section.
28
Sec.
151.
NEW
SECTION
.
331.423B
Ending
fund
balance.
29
1.
a.
Budgeted
ending
fund
balances
for
a
budget
year
30
in
excess
of
twenty-five
percent
of
budgeted
expenditures
in
31
either
the
general
fund
or
rural
services
fund
for
that
budget
32
year
shall
be
explicitly
committed
or
assigned
for
a
specific
33
purpose.
34
b.
A
county
is
encouraged,
but
not
required,
to
reduce
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budgeted,
uncommitted,
or
unassigned
ending
fund
balances
for
1
the
budget
year
to
an
amount
equal
to
approximately
twenty-five
2
percent
of
budgeted
expenditures
and
transfers
from
the
general
3
fund
and
rural
services
fund
for
that
budget
year
unless
a
4
decision
is
certified
by
the
state
appeal
board
ordering
a
5
reduction
in
the
ending
fund
balance
of
any
of
those
funds.
6
c.
In
a
protest
to
the
county
budget
under
section
331.436,
7
the
county
shall
have
the
burden
of
proving
that
the
budgeted
8
balances
in
excess
of
twenty-five
percent
are
reasonably
likely
9
to
be
appropriated
for
the
explicitly
committed
or
assigned
10
specific
purpose.
The
excess
budgeted
balance
for
the
specific
11
purpose
shall
be
considered
an
increase
in
an
item
in
the
12
budget
for
purposes
of
section
24.28.
13
2.
a.
For
a
county
that
has,
as
of
June
30,
2012,
reduced
14
its
actual
ending
fund
balance
to
less
than
twenty-five
15
percent
of
actual
expenditures,
additional
property
taxes
may
16
be
computed
and
levied
as
provided
in
this
subsection.
The
17
additional
property
tax
levy
amount
is
an
amount
not
to
exceed
18
twenty-five
percent
of
actual
expenditures
from
the
general
19
fund
and
rural
services
fund
for
the
fiscal
year
beginning
July
20
1,
2011,
minus
the
combined
ending
fund
balances
for
those
21
funds
for
that
year.
22
b.
The
amount
of
the
additional
property
taxes
shall
be
23
apportioned
between
the
general
fund
and
the
rural
services
24
fund.
However,
the
amount
apportioned
for
general
county
25
services
and
for
rural
county
services
shall
not
exceed
for
26
each
fund
twenty-five
percent
of
actual
expenditures
for
the
27
fiscal
year
beginning
July
1,
2011.
28
c.
All
or
a
portion
of
additional
property
tax
dollars
29
may
be
levied
for
the
purpose
of
increasing
cash
reserves
30
for
general
county
services
and
rural
county
services
in
the
31
budget
year.
The
additional
property
tax
dollars
authorized
32
under
this
subsection
but
not
levied
may
be
carried
forward
as
33
unused
ending
fund
balance
taxing
authority
until
and
for
the
34
fiscal
year
beginning
July
1,
2018.
The
amount
carried
forward
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shall
not
exceed
twenty-five
percent
of
the
maximum
amount
of
1
property
tax
dollars
available
in
the
current
fiscal
year.
2
Additionally,
property
taxes
that
are
levied
as
unused
ending
3
fund
balance
taxing
authority
under
this
subsection
may
be
the
4
subject
of
a
protest
under
section
331.436,
and
the
amount
5
will
be
considered
an
increase
in
an
item
in
the
budget
for
6
purposes
of
section
24.28.
The
amount
of
additional
property
7
taxes
levied
under
this
subsection
shall
not
be
included
in
the
8
computation
of
the
maximum
amount
of
property
tax
dollars
which
9
may
be
certified
and
levied
under
section
331.423.
10
Sec.
152.
NEW
SECTION
.
331.423C
Authority
to
levy
beyond
11
maximum
property
tax
dollars.
12
1.
The
board
may
certify
additions
to
the
maximum
amount
13
of
property
tax
dollars
to
be
levied
for
a
budget
year
if
the
14
county
conducts
a
second
public
hearing
prior
to
certification
15
of
the
budget
to
the
county
auditor,
in
addition
to
the
hearing
16
held
as
required
under
section
331.434.
The
second
public
17
hearing
shall
be
conducted
in
the
same
manner
as
the
public
18
hearing
on
the
budget
required
in
section
331.434.
19
2.
The
amount
of
additional
property
tax
dollars
certified
20
under
this
section
shall
not
be
included
in
the
computation
21
of
the
maximum
amount
of
property
tax
dollars
which
may
be
22
certified
and
levied
under
section
331.423
for
future
budget
23
years.
24
Sec.
153.
Section
331.424,
unnumbered
paragraph
1,
Code
25
2011,
is
amended
to
read
as
follows:
26
To
the
extent
that
the
basic
levies
authorized
under
section
27
331.423
are
insufficient
to
meet
the
county’s
needs
for
the
28
following
services,
the
board
may
certify
supplemental
levies
29
as
follows:
30
Sec.
154.
Section
331.424A,
subsection
4,
Code
2011,
is
31
amended
to
read
as
follows:
32
4.
For
the
fiscal
year
beginning
July
1,
1996,
and
for
each
33
subsequent
fiscal
year,
the
county
shall
certify
a
levy
for
34
payment
of
services.
For
each
fiscal
year,
county
revenues
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from
taxes
imposed
by
the
county
credited
to
the
services
fund
1
shall
not
exceed
an
amount
equal
to
the
amount
of
base
year
2
expenditures
for
services
as
defined
in
section
331.438
,
less
3
the
amount
of
property
tax
relief
to
be
received
pursuant
to
4
section
426B.2
,
in
the
fiscal
year
for
which
the
budget
is
5
certified.
The
county
auditor
and
the
board
of
supervisors
6
shall
reduce
the
amount
of
the
levy
certified
for
the
services
7
fund
by
the
amount
of
property
tax
relief
to
be
received.
A
8
levy
certified
under
this
section
is
not
subject
to
the
appeal
9
provisions
of
section
331.426
or
to
any
other
provision
in
law
10
authorizing
a
county
to
exceed,
increase,
or
appeal
a
property
11
tax
levy
limit.
12
Sec.
155.
Section
331.434,
subsection
1,
Code
2011,
is
13
amended
to
read
as
follows:
14
1.
The
budget
shall
show
the
amount
required
for
each
class
15
of
proposed
expenditures,
a
comparison
of
the
amounts
proposed
16
to
be
expended
with
the
amounts
expended
for
like
purposes
for
17
the
two
preceding
years,
the
revenues
from
sources
other
than
18
property
taxation,
and
the
amount
to
be
raised
by
property
19
taxation,
in
the
detail
and
form
prescribed
by
the
director
20
of
the
department
of
management.
For
each
county
that
has
21
established
an
urban
renewal
area,
the
budget
shall
include
22
estimated
and
actual
tax
increment
financing
revenues
and
all
23
estimated
and
actual
expenditures
of
the
revenues,
proceeds
24
from
debt
and
all
estimated
and
actual
expenditures
of
the
25
debt
proceeds,
and
identification
of
any
entity
receiving
a
26
direct
payment
of
taxes
funded
by
tax
increment
financing
27
revenues
and
shall
include
the
total
amount
of
loans,
advances,
28
indebtedness,
or
bonds
outstanding
at
the
close
of
the
most
29
recently
ended
fiscal
year,
which
qualify
for
payment
from
the
30
special
fund
created
in
section
403.19
,
including
interest
31
negotiated
on
such
loans,
advances,
indebtedness,
or
bonds.
32
For
purposes
of
this
subsection
,
“indebtedness”
includes
33
written
agreements
whereby
the
county
agrees
to
suspend,
abate,
34
exempt,
rebate,
refund,
or
reimburse
property
taxes,
provide
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a
grant
for
property
taxes
paid,
or
make
a
direct
payment
1
of
taxes,
with
moneys
in
the
special
fund.
The
amount
of
2
loans,
advances,
indebtedness,
or
bonds
shall
be
listed
in
3
the
aggregate
for
each
county
reporting.
The
county
finance
4
committee,
in
consultation
with
the
department
of
management
5
and
the
legislative
services
agency,
shall
determine
reporting
6
criteria
and
shall
prepare
a
form
for
reports
filed
with
the
7
department
pursuant
to
this
section
.
The
department
shall
make
8
the
information
available
by
electronic
means.
9
Sec.
156.
Section
373.10,
Code
2011,
is
amended
to
read
as
10
follows:
11
373.10
Taxing
authority.
12
The
metropolitan
council
shall
have
the
authority
to
13
levy
city
taxes
to
the
extent
the
city
tax
levy
authority
14
is
transferred
by
the
charter
to
the
metropolitan
council.
15
A
member
city
shall
transfer
a
portion
of
the
city’s
tax
16
levy
authorized
under
section
384.1
or
384.12
,
whichever
is
17
applicable,
to
the
metropolitan
council.
The
maximum
rates
18
amount
of
taxes
authorized
to
be
levied
under
sections
section
19
384.1
and
the
taxes
authorized
to
be
levied
under
20
section
384.12
by
a
member
city
shall
be
reduced
by
an
amount
21
equal
to
the
rates
of
the
same
or
similar
taxes
levied
in
the
22
city
by
the
metropolitan
council.
23
Sec.
157.
Section
384.1,
Code
2011,
is
amended
by
striking
24
the
section
and
inserting
in
lieu
thereof
the
following:
25
384.1
Property
tax
dollars
——
maximums.
26
1.
A
city
shall
certify
taxes
to
be
levied
by
the
city
27
on
all
taxable
property
within
the
city
limits,
for
all
city
28
government
purposes.
Annually,
the
city
council
may
certify
29
basic
levies
for
city
government
purposes,
subject
to
the
30
limitation
on
property
tax
dollars
provided
in
this
section.
31
2.
For
purposes
of
this
section
and
section
384.1B,
unless
32
the
context
otherwise
requires:
33
a.
“Annual
growth
factor”
means
an
index,
expressed
as
34
a
percentage,
determined
by
the
department
of
management
by
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November
1
of
the
calendar
year
preceding
the
calendar
year
in
1
which
the
budget
year
begins.
In
determining
the
annual
growth
2
factor,
the
department
shall
calculate
the
average
of
the
3
preceding
three-year
percentage
change,
which
shall
be
computed
4
on
an
annual
basis,
in
the
midwest
consumer
price
index,
ending
5
with
the
percentage
change
for
the
month
of
September.
The
6
department
shall
then
add
that
average
percentage
change
to
one
7
hundred
percent.
8
b.
“Boundary
adjustment”
means
annexation,
severance,
9
incorporation,
or
discontinuance
as
those
terms
are
defined
in
10
section
368.1.
11
c.
“Budget
year”
is
the
fiscal
year
beginning
during
the
12
calendar
year
in
which
a
budget
is
certified.
13
d.
“Current
fiscal
year”
is
the
fiscal
year
ending
during
14
the
calendar
year
in
which
a
budget
is
certified.
15
e.
“Net
new
valuation
taxes”
means
the
amount
of
property
16
tax
dollars
equal
to
the
current
fiscal
year’s
levy
rate
in
the
17
city
for
the
general
fund
multiplied
by
the
increase
from
the
18
current
fiscal
year
to
the
budget
year
in
taxable
valuation
due
19
to
the
following:
20
(1)
Net
new
construction,
including
all
incremental
21
valuation
that
is
released
in
any
one
year
from
a
division
of
22
revenue
under
section
260E.4
or
an
urban
renewal
area
for
which
23
taxes
were
being
divided
under
section
403.19,
regardless
of
24
whether
the
property
for
the
valuation
being
released
remains
25
subject
to
the
division
of
revenue
under
section
260E.4
or
26
remains
part
of
the
urban
renewal
area
that
is
subject
to
27
a
division
of
revenue
under
section
403.19.
The
amount
of
28
property
tax
dollars
attributable
to
such
incremental
valuation
29
being
released
from
a
division
of
revenue
shall
be
subtracted
30
from
the
maximum
amount
of
property
tax
dollars
which
may
31
be
certified
for
the
next
following
fiscal
year
if
such
32
incremental
valuation
is
not
released
for
the
next
following
33
fiscal
year.
34
(2)
Additions
or
improvements
to
existing
structures.
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(3)
Remodeling
of
existing
structures
for
which
a
building
1
permit
is
required.
2
(4)
Net
boundary
adjustment.
3
(5)
A
municipality
no
longer
dividing
tax
revenues
in
an
4
urban
renewal
area
as
provided
in
section
403.19
or
a
community
5
college
no
longer
dividing
revenues
as
provided
in
section
6
260E.4.
7
(6)
That
portion
of
taxable
property
located
in
an
urban
8
revitalization
area
on
which
an
exemption
was
allowed
and
such
9
exemption
has
expired.
10
f.
“Unfunded
federal
and
state
mandate
cost
growth”
means
an
11
amount
of
increased
expenditures
for
a
city
from
the
previous
12
fiscal
year
resulting
from
any
of
the
following:
13
(1)
A
federal
statutory
requirement
or
appropriation
14
that
requires
the
city
to
establish,
expand,
or
modify
its
15
activities
in
a
manner
which
necessitates
additional
annual
16
expenditures
and
for
which
insufficient
funding
is
provided
to
17
the
city
to
satisfy
such
requirements.
18
(2)
A
state
mandate
as
defined
in
section
25B.3,
and
for
19
which
insufficient
funding
is
provided
to
the
city
to
satisfy
20
the
requirements
of
the
state
mandate.
21
3.
a.
For
the
fiscal
year
beginning
July
1,
2013,
and
22
subsequent
fiscal
years,
the
maximum
amount
of
property
23
tax
dollars
which
may
be
certified
for
levy
by
a
city
for
24
the
general
fund
shall
be
the
maximum
property
tax
dollars
25
calculated
under
paragraph
“b”
.
26
b.
The
maximum
property
tax
dollars
that
may
be
levied
for
27
deposit
in
the
general
fund
is
an
amount
equal
to
the
sum
of
the
28
following:
29
(1)
The
annual
growth
factor
times
the
current
fiscal
year’s
30
maximum
property
tax
dollars
for
the
general
fund.
31
(2)
The
amount
of
net
new
valuation
taxes
in
the
city.
32
(3)
The
unfunded
federal
and
state
mandate
cost
growth.
33
4.
For
purposes
of
calculating
maximum
property
tax
dollars
34
for
the
city
general
fund
for
the
fiscal
year
beginning
July
35
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1,
2013,
only,
the
term
“current
fiscal
year’s
maximum
property
1
tax
dollars”
shall
mean
the
total
amount
of
property
tax
dollars
2
certified
by
the
city
for
the
city’s
general
fund
for
the
3
fiscal
year
beginning
July
1,
2012.
4
5.
Property
taxes
certified
for
deposit
in
the
debt
service
5
fund
in
section
384.4,
trust
and
agency
funds
in
section
6
384.6,
capital
improvements
reserve
fund
in
section
384.7,
7
the
emergency
fund
in
section
384.8,
any
capital
projects
8
fund
established
by
the
city
for
deposit
of
bond,
loan,
or
9
note
proceeds,
any
temporary
increase
approved
pursuant
to
10
section
384.12A,
property
taxes
collected
from
a
voted
levy
in
11
section
384.12,
and
property
taxes
levied
under
section
384.12,
12
subsection
18,
are
not
counted
against
the
maximum
amount
of
13
property
tax
dollars
that
may
be
certified
for
a
fiscal
year
14
under
subsection
3.
15
6.
Notwithstanding
the
maximum
amount
of
taxes
a
city
16
may
certify
for
levy,
the
tax
levied
by
a
city
on
tracts
of
17
land
and
improvements
on
the
tracts
of
land
used
and
assessed
18
for
agricultural
or
horticultural
purposes
shall
not
exceed
19
three
dollars
and
three-eighths
cents
per
thousand
dollars
20
of
assessed
value
in
any
year.
Improvements
located
on
such
21
tracts
of
land
and
not
used
for
agricultural
or
horticultural
22
purposes
and
all
residential
dwellings
are
subject
to
the
same
23
rate
of
tax
levied
by
the
city
on
all
other
taxable
property
24
within
the
city.
25
7.
The
department
of
management,
in
consultation
with
the
26
city
finance
committee,
shall
adopt
rules
to
administer
this
27
section.
The
department
shall
prescribe
forms
to
be
used
by
28
cities
when
making
calculations
required
by
this
section.
29
Sec.
158.
NEW
SECTION
.
384.1B
Ending
fund
balance.
30
1.
a.
Budgeted
general
fund
ending
fund
balances
for
31
a
budget
year
in
excess
of
twenty-five
percent
of
budgeted
32
expenditures
from
the
general
fund
for
that
budget
year
shall
33
be
explicitly
committed
or
assigned
for
a
specific
purpose.
34
b.
A
city
is
encouraged,
but
not
required,
to
reduce
35
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budgeted,
uncommitted,
or
unassigned
ending
fund
balances
for
1
the
budget
year
to
an
amount
equal
to
approximately
twenty-five
2
percent
of
budgeted
expenditures
and
transfers
from
the
general
3
fund
for
that
budget
year
unless
a
decision
is
certified
by
4
the
state
appeal
board
ordering
a
reduction
in
the
ending
fund
5
balance
of
the
fund.
6
c.
In
a
protest
to
the
city
budget
under
section
384.19,
7
the
city
shall
have
the
burden
of
proving
that
the
budgeted
8
balances
in
excess
of
twenty-five
percent
are
reasonably
likely
9
to
be
appropriated
for
the
explicitly
committed
or
assigned
10
specific
purpose.
The
excess
budgeted
balance
for
the
specific
11
purpose
shall
be
considered
an
increase
in
an
item
in
the
12
budget
for
purposes
of
section
24.28.
13
2.
a.
For
a
city
that
has,
as
of
June
30,
2012,
reduced
its
14
ending
fund
balance
to
less
than
twenty-five
percent
of
actual
15
expenditures,
additional
property
taxes
may
be
computed
and
16
levied
as
provided
in
this
subsection.
The
additional
property
17
tax
levy
amount
is
an
amount
not
to
exceed
the
difference
18
between
twenty-five
percent
of
actual
expenditures
for
city
19
government
purposes
for
the
fiscal
year
beginning
July
1,
2011,
20
minus
the
ending
fund
balance
for
that
year.
21
b.
All
or
a
portion
of
additional
property
tax
dollars
22
may
be
levied
for
the
purpose
of
increasing
cash
reserves
for
23
city
government
purposes
in
the
budget
year.
The
additional
24
property
tax
dollars
authorized
under
this
subsection
but
not
25
levied
may
be
carried
forward
as
unused
ending
fund
balance
26
taxing
authority
until
and
for
the
fiscal
year
beginning
27
July
1,
2018.
The
amount
carried
forward
shall
not
exceed
28
twenty-five
percent
of
the
maximum
amount
of
property
tax
29
dollars
available
in
the
current
fiscal
year.
Additionally,
30
property
taxes
that
are
levied
as
unused
ending
fund
balance
31
taxing
authority
under
this
subsection
may
be
the
subject
of
a
32
protest
under
section
384.19,
and
the
amount
will
be
considered
33
an
increase
in
an
item
in
the
budget
for
purposes
of
section
34
24.28.
The
amount
of
additional
property
tax
dollars
levied
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under
this
subsection
shall
not
be
included
in
the
computation
1
of
the
maximum
amount
of
property
tax
dollars
which
may
be
2
certified
and
levied
under
section
384.1.
3
Sec.
159.
Section
384.12,
subsection
20,
Code
2011,
is
4
amended
by
striking
the
subsection.
5
Sec.
160.
NEW
SECTION
.
384.12A
Authority
to
levy
beyond
6
maximum
property
tax
dollars.
7
1.
The
city
council
may
certify
additions
to
the
maximum
8
amount
of
property
tax
dollars
to
be
levied
for
a
budget
9
year
if
the
city
conducts
a
second
public
hearing
prior
to
10
certification
of
the
budget
to
the
county
auditor,
in
addition
11
to
the
hearing
held
as
required
under
section
384.16.
The
12
second
public
hearing
shall
be
conducted
in
the
same
manner
as
13
the
public
hearing
on
the
budget
required
in
section
384.16.
14
2.
The
amount
of
additional
property
tax
dollars
certified
15
under
this
section
shall
not
be
included
in
the
computation
16
of
the
maximum
amount
of
property
tax
dollars
which
may
be
17
certified
and
levied
under
section
384.1
for
future
budget
18
years.
19
Sec.
161.
Section
384.16,
subsection
1,
paragraph
b,
Code
20
2011,
is
amended
to
read
as
follows:
21
b.
A
budget
must
show
comparisons
between
the
estimated
22
expenditures
in
each
program
in
the
following
year,
the
latest
23
estimated
expenditures
in
each
program
in
the
current
year,
24
and
the
actual
expenditures
in
each
program
from
the
annual
25
report
as
provided
in
section
384.22
,
or
as
corrected
by
a
26
subsequent
audit
report.
Wherever
practicable,
as
provided
in
27
rules
of
the
committee,
a
budget
must
show
comparisons
between
28
the
levels
of
service
provided
by
each
program
as
estimated
for
29
the
following
year,
and
actual
levels
of
service
provided
by
30
each
program
during
the
two
preceding
years.
For
each
city
31
that
has
established
an
urban
renewal
area,
the
budget
shall
32
include
estimated
and
actual
tax
increment
financing
revenues
33
and
all
estimated
and
actual
expenditures
of
the
revenues,
34
proceeds
from
debt
and
all
estimated
and
actual
expenditures
of
35
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the
debt
proceeds,
and
identification
of
any
entity
receiving
1
a
direct
payment
of
taxes
funded
by
tax
increment
financing
2
revenues
and
shall
include
the
total
amount
of
loans,
advances,
3
indebtedness,
or
bonds
outstanding
at
the
close
of
the
most
4
recently
ended
fiscal
year,
which
qualify
for
payment
from
the
5
special
fund
created
in
section
403.19
,
including
interest
6
negotiated
on
such
loans,
advances,
indebtedness,
or
bonds.
7
The
amount
of
loans,
advances,
indebtedness,
or
bonds
shall
8
be
listed
in
the
aggregate
for
each
city
reporting.
The
city
9
finance
committee,
in
consultation
with
the
department
of
10
management
and
the
legislative
services
agency,
shall
determine
11
reporting
criteria
and
shall
prepare
a
form
for
reports
filed
12
with
the
department
pursuant
to
this
section
.
The
department
13
shall
make
the
information
available
by
electronic
means.
14
Sec.
162.
Section
384.19,
Code
2011,
is
amended
by
adding
15
the
following
new
unnumbered
paragraph:
16
NEW
UNNUMBERED
PARAGRAPH
.
For
purposes
of
a
tax
protest
17
filed
under
this
section,
“item”
means
a
budgeted
expenditure,
18
appropriation,
or
cash
reserve
from
a
fund
for
a
service
area,
19
program,
program
element,
or
purpose.
20
Sec.
163.
Section
386.8,
Code
2011,
is
amended
to
read
as
21
follows:
22
386.8
Operation
tax.
23
A
city
may
establish
a
self-supported
improvement
district
24
operation
fund,
and
may
certify
taxes
not
to
exceed
the
25
rate
limitation
as
established
in
the
ordinance
creating
the
26
district,
or
any
amendment
thereto,
each
year
to
be
levied
27
for
the
fund
against
all
of
the
property
in
the
district,
28
for
the
purpose
of
paying
the
administrative
expenses
of
29
the
district,
which
may
include
but
are
not
limited
to
30
administrative
personnel
salaries,
a
separate
administrative
31
office,
planning
costs
including
consultation
fees,
engineering
32
fees,
architectural
fees,
and
legal
fees
and
all
other
expenses
33
reasonably
associated
with
the
administration
of
the
district
34
and
the
fulfilling
of
the
purposes
of
the
district.
The
taxes
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levied
for
this
fund
may
also
be
used
for
the
purpose
of
paying
1
maintenance
expenses
of
improvements
or
self-liquidating
2
improvements
for
a
specified
length
of
time
with
one
or
more
3
options
to
renew
if
such
is
clearly
stated
in
the
petition
4
which
requests
the
council
to
authorize
construction
of
the
5
improvement
or
self-liquidating
improvement,
whether
or
not
6
such
petition
is
combined
with
the
petition
requesting
creation
7
of
a
district.
Parcels
of
property
which
are
assessed
as
8
residential
property
for
property
tax
purposes
are
exempt
from
9
the
tax
levied
under
this
section
except
residential
properties
10
within
a
duly
designated
historic
district.
A
tax
levied
under
11
this
section
is
not
subject
to
the
levy
limitation
in
section
12
384.1
.
13
Sec.
164.
Section
386.9,
Code
2011,
is
amended
to
read
as
14
follows:
15
386.9
Capital
improvement
tax.
16
A
city
may
establish
a
capital
improvement
fund
for
a
17
district
and
may
certify
taxes,
not
to
exceed
the
rate
18
established
by
the
ordinance
creating
the
district,
or
any
19
subsequent
amendment
thereto,
each
year
to
be
levied
for
20
the
fund
against
all
of
the
property
in
the
district,
for
21
the
purpose
of
accumulating
moneys
for
the
financing
or
22
payment
of
a
part
or
all
of
the
costs
of
any
improvement
or
23
self-liquidating
improvement.
However,
parcels
of
property
24
which
are
assessed
as
residential
property
for
property
tax
25
purposes
are
exempt
from
the
tax
levied
under
this
section
26
except
residential
properties
within
a
duly
designated
historic
27
district.
A
tax
levied
under
this
section
is
not
subject
to
28
the
levy
limitations
in
section
384.1
or
384.7
.
29
Sec.
165.
REPEAL.
Sections
331.425
and
331.426,
Code
2011,
30
are
repealed.
31
Sec.
166.
EFFECTIVE
DATE
AND
APPLICABILITY.
This
division
32
of
this
Act
takes
effect
July
1,
2012,
and
applies
to
fiscal
33
years
beginning
on
or
after
July
1,
2013.
34
DIVISION
XVII
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RESIDENTIAL
PROPERTY
ASSESSMENT
LIMITATION
1
Sec.
167.
Section
441.21,
subsection
4,
Code
2011,
is
2
amended
to
read
as
follows:
3
4.
For
valuations
established
as
of
January
1,
1979,
4
the
percentage
of
actual
value
at
which
agricultural
and
5
residential
property
shall
be
assessed
shall
be
the
quotient
6
of
the
dividend
and
divisor
as
defined
in
this
section
.
The
7
dividend
for
each
class
of
property
shall
be
the
dividend
8
as
determined
for
each
class
of
property
for
valuations
9
established
as
of
January
1,
1978,
adjusted
by
the
product
10
obtained
by
multiplying
the
percentage
determined
for
that
11
year
by
the
amount
of
any
additions
or
deletions
to
actual
12
value,
excluding
those
resulting
from
the
revaluation
of
13
existing
properties,
as
reported
by
the
assessors
on
the
14
abstracts
of
assessment
for
1978,
plus
six
percent
of
the
15
amount
so
determined.
However,
if
the
difference
between
the
16
dividend
so
determined
for
either
class
of
property
and
the
17
dividend
for
that
class
of
property
for
valuations
established
18
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
19
multiplying
the
percentage
determined
for
that
year
by
the
20
amount
of
any
additions
or
deletions
to
actual
value,
excluding
21
those
resulting
from
the
revaluation
of
existing
properties,
22
as
reported
by
the
assessors
on
the
abstracts
of
assessment
23
for
1978,
is
less
than
six
percent,
the
1979
dividend
for
the
24
other
class
of
property
shall
be
the
dividend
as
determined
for
25
that
class
of
property
for
valuations
established
as
of
January
26
1,
1978,
adjusted
by
the
product
obtained
by
multiplying
27
the
percentage
determined
for
that
year
by
the
amount
of
28
any
additions
or
deletions
to
actual
value,
excluding
those
29
resulting
from
the
revaluation
of
existing
properties,
as
30
reported
by
the
assessors
on
the
abstracts
of
assessment
for
31
1978,
plus
a
percentage
of
the
amount
so
determined
which
is
32
equal
to
the
percentage
by
which
the
dividend
as
determined
33
for
the
other
class
of
property
for
valuations
established
34
as
of
January
1,
1978,
adjusted
by
the
product
obtained
by
35
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multiplying
the
percentage
determined
for
that
year
by
the
1
amount
of
any
additions
or
deletions
to
actual
value,
excluding
2
those
resulting
from
the
revaluation
of
existing
properties,
3
as
reported
by
the
assessors
on
the
abstracts
of
assessment
4
for
1978,
is
increased
in
arriving
at
the
1979
dividend
for
5
the
other
class
of
property.
The
divisor
for
each
class
of
6
property
shall
be
the
total
actual
value
of
all
such
property
7
in
the
state
in
the
preceding
year,
as
reported
by
the
8
assessors
on
the
abstracts
of
assessment
submitted
for
1978,
9
plus
the
amount
of
value
added
to
said
total
actual
value
by
10
the
revaluation
of
existing
properties
in
1979
as
equalized
11
by
the
director
of
revenue
pursuant
to
section
441.49
.
The
12
director
shall
utilize
information
reported
on
abstracts
of
13
assessment
submitted
pursuant
to
section
441.45
in
determining
14
such
percentage.
For
valuations
established
as
of
January
1,
15
1980,
and
each
year
thereafter,
the
percentage
of
actual
value
16
as
equalized
by
the
director
of
revenue
as
provided
in
section
17
441.49
at
which
agricultural
and
residential
property
shall
be
18
assessed
shall
be
calculated
in
accordance
with
the
methods
19
provided
herein
including
the
limitation
of
increases
in
20
agricultural
and
residential
assessed
values
to
the
percentage
21
increase
of
the
other
class
of
property
if
the
other
class
22
increases
less
than
the
allowable
limit
adjusted
to
include
23
the
applicable
and
current
values
as
equalized
by
the
director
24
of
revenue,
except
that
any
references
to
six
percent
in
this
25
subsection
shall
be
four
percent.
For
valuations
established
26
as
of
January
1,
2012,
and
each
assessment
year
thereafter,
27
the
percentage
of
actual
value
as
equalized
by
the
director
28
of
revenue
as
provided
in
section
441.49
at
which
residential
29
property
shall
be
assessed
shall
be
calculated
in
accordance
30
with
the
methods
provided
herein
including
the
limitation
of
31
increases
in
agricultural
and
residential
assessed
values
to
32
the
percentage
increase
of
the
other
class
of
property
if
the
33
other
class
increases
less
than
the
allowable
limit
adjusted
to
34
include
the
applicable
and
current
values
as
equalized
by
the
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director
of
revenue,
except
that
in
no
assessment
year
shall
1
the
percentage
of
actual
value
at
which
residential
property
is
2
assessed
be
less
than
fifty
percent.
3
DIVISION
XVIII
4
CONDITIONAL
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY
5
Sec.
168.
EFFECTIVE
DATE
AND
RETROACTIVE
6
APPLICABILITY.
Unless
otherwise
provided,
this
Act,
if
7
approved
by
the
governor
on
or
after
July
1,
2011,
takes
effect
8
upon
enactment
and
applies
retroactively
to
July
1,
2011.
9
EXPLANATION
10
This
bill
relates
to
state
and
local
finances
by
providing
11
for
funding
of
property
tax
credits
and
reimbursements,
by
12
making,
increasing,
and
reducing
appropriations,
providing
13
for
salaries
and
compensation
of
state
employees,
providing
14
for
matters
relating
to
tax
credits,
providing
for
fees
and
15
penalties,
and
providing
for
properly
related
matters.
The
16
bill
is
organized
by
divisions.
17
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
——
FY
2011-2012.
18
This
division
relates
to
standing
appropriations
and
other
19
appropriations-related
matters.
For
the
budget
process
20
applicable
to
FY
2012-2013,
state
agencies
are
required
to
21
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
This
division
limits
standing
appropriations
for
FY
25
2011-2012
made
for
the
following
purposes:
casino
wagering
26
tax
proceeds
allocated
for
department
of
cultural
affairs
27
operational
support
grants
and
community
cultural
grants
and
28
for
regional
tourism
marketing;
the
center
for
congenital
29
and
inherited
disorders;
primary
and
secondary
child
abuse
30
prevention
programs;
programs
for
at-risk
children;
payment
31
for
nonpublic
school
transportation;
reimbursement
for
the
32
homestead
property
tax
credit
and
for
the
family
farm
and
33
agricultural
land
tax
credits;
and
the
enforcement
of
Code
34
chapter
452D
relating
to
tobacco
product
manufacturers.
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The
standing
appropriation
in
Code
section
257.20
of
an
1
amount
necessary
to
pay
instructional
support
state
aid,
as
2
determined
under
that
Code
provision,
is
replaced
with
a
zero
3
appropriation
for
FY
2011-2012.
4
Code
section
256.30,
relating
to
educational
expenses
for
5
American
Indian
children,
is
amended.
Current
law
requires
the
6
department
of
education
to
provide
moneys
to
pay
the
expense
7
of
educating
American
Indian
children
residing
in
the
Sac
and
8
Fox
Indian
settlement
on
land
held
in
trust
by
the
secretary
of
9
the
interior
of
the
United
States
in
excess
of
federal
moneys
10
paid
to
the
tribal
council
for
educating
the
American
Indian
11
children
when
moneys
are
appropriated
for
that
purpose.
The
12
division
makes
a
standing
appropriation
of
$100,000
from
the
13
general
fund
of
the
state
to
pay
the
expenses.
14
Code
section
257.35
is
amended
to
reduce
area
education
15
agencies’
budgets
for
fiscal
year
2011-2012
by
$20
million.
16
SALARIES,
COMPENSATION,
AND
RELATED
MATTERS
——
FY
2011-2012.
17
This
division
relates
to
the
funding
for
the
fiscal
year
18
beginning
July
1,
2011,
of
salary
increases
for
appointed
19
nonelected
officers,
employees
subject
to
collective
bargaining
20
agreements,
certain
noncontract
employees,
and
board
of
regents
21
employees.
22
The
division
prohibits
bonus
pay
for
employees
of
the
23
executive
branch
except
for
employees
of
the
state
board
of
24
regents,
the
judicial
branch,
and
the
legislative
branch,
25
unless
the
bonus
pay
is
otherwise
authorized
by
law,
required
26
pursuant
to
an
employment
contract
entered
into
before
July
27
1,
2011,
or
required
pursuant
to
a
collective
bargaining
28
agreement.
29
The
salary
model
administrator
is
required
to
work
in
30
conjunction
with
the
department
of
management
and
the
31
legislative
services
agency
to
analyze,
compare,
and
project
32
state
salary
and
benefit
information.
33
PERFORMANCE
OF
DUTY.
This
division
provides
that
the
34
source
of
funding
for
the
payment
of
expenses
authorized
by
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the
executive
council
is
the
Iowa
economic
emergency
fund
and
1
then
the
general
fund
of
the
state
if
the
emergency
fund
is
2
insufficient.
Current
law
provides
that
the
source
of
funding
3
is
the
general
fund
or
the
state
treasury.
Various
Code
4
provisions
involving
authorization
of
payment
by
the
executive
5
council
are
amended
as
necessary
to
conform
to
the
change
in
6
the
source
of
funding.
7
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
——
FY
2012-2013.
8
This
division
relates
to
the
budget
process
for
FY
2013-2014
9
and
limits
certain
standing
appropriations
for
FY
2012-2013.
10
The
standing
appropriation
in
Code
section
257.20
of
an
11
amount
necessary
to
pay
instructional
support
state
aid,
as
12
determined
under
that
Code
provision,
is
replaced
with
a
zero
13
appropriation
for
FY
2012-2013.
14
SALARIES,
COMPENSATION,
AND
RELATED
MATTERS
——
FY
2012-2013.
15
This
division
relates
to
funding
for
FY
2012-2013
of
salary
16
increases
for
employees
subject
to
collective
bargaining
17
agreements
and
board
of
regents
employees.
The
division
also
18
prohibits
certain
types
of
bonus
pay
and
makes
requirements
for
19
the
salary
model
administrator.
20
CORRECTIVE
PROVISIONS.
The
division
makes
corrections
to
21
legislation
considered
or
enacted
during
the
2011
legislative
22
session.
23
MISCELLANEOUS
PROVISIONS
AND
APPROPRIATIONS.
This
division
24
includes
miscellaneous
provisions
and
appropriations.
25
The
division
appropriates
moneys
to
the
department
of
public
26
health
for
FY
2011-2012
for
a
vision
screening
program.
27
The
division
appropriates
moneys
to
the
department
of
28
agriculture
and
land
stewardship
for
FY
2011-2012
for
purposes
29
of
a
program
for
farmers
with
disabilities.
30
The
division
appropriates
moneys
to
the
department
31
of
cultural
affairs
for
FY
2010-2011
for
purposes
of
the
32
battleship
Iowa,
BB-61.
This
provision
takes
effect
upon
33
enactment.
34
An
appropriation
for
FY
2010-2011
is
provided
to
the
Iowa
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finance
authority
for
a
grant
to
a
nonprofit
organization
1
to
be
used
for
development
of
a
group
home
for
persons
with
2
intellectual
disabilities
or
brain
injury.
This
provision
3
takes
effect
upon
enactment.
4
The
division
authorizes
not
more
than
two
additional
5
full-time
equivalent
positions
(FTEs)
for
the
investigations
6
division
of
the
department
of
inspections
and
appeals
for
7
FY
2011-2012
if
Senate
File
313
or
successor
legislation
is
8
enacted
providing
for
debt
setoff
or
other
recovery
activities
9
for
nonpayment
of
premiums
pursuant
to
Code
section
249A.3,
10
subsection
2,
paragraph
“a”,
subparagraph
(1),
(relating
to
a
11
special
income
eligibility
group
under
the
Medicaid
program)
12
or
pursuant
to
Code
section
249J.8,
subsection
1,
(relating
to
13
the
expansion
population
eligibility
group
under
the
IowaCare
14
program).
The
additional
FTEs
are
limited
to
the
extent
funded
15
through
the
department
of
human
services.
16
The
division
provides
a
method
for
recalculating
cost
17
per
pupil
amounts
for
an
area
education
agency
and
a
school
18
district
when
a
school
district
participating
on
a
contractual
19
basis
in
a
special
education
instructional
program
operated
20
by
an
area
education
agency
terminates
the
contract.
This
21
provision
takes
effect
upon
enactment.
22
The
division
establishes
a
task
force
on
the
prevention
of
23
sexual
abuse
of
children
in
Iowa.
The
task
force
shall
develop
24
a
model
policy
addressing
sexual
abuse
of
children.
The
task
25
force
shall
make
recommendations
for
reducing
child
sexual
26
abuse
in
Iowa
and
in
making
those
recommendations
shall
gather
27
information
concerning
child
sexual
abuse
throughout
the
state;
28
receive
reports
and
testimony
from
individuals,
state
and
local
29
agencies,
community-based
organizations,
and
other
public
and
30
private
organizations;
create
goals
for
state
policy
that
would
31
prevent
child
sexual
abuse;
and
submit
a
final
report
with
its
32
recommendations
to
the
governor
and
the
general
assembly
on
33
or
before
January
16,
2012.
This
provision
takes
effect
upon
34
enactment.
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The
division
provides
that
a
railroad
company
which
alters
1
facilities
pursuant
to
a
written
agreement
with
a
political
2
subdivision
with
a
population
or
more
than
67,800,
but
less
3
than
67,900,
according
to
the
2010
certified
federal
census,
4
to
construct
a
flood
mitigation
project,
shall
receive
5
certain
limitations
on
liability
for
any
damages
caused
by
the
6
alteration
due
to
a
flood.
7
The
division
makes
inapplicable
the
limitation
on
8
expenditures
made
for
office
supplies,
purchases
of
equipment,
9
office
equipment,
and
equipment
noninventory,
printing
and
10
binding,
and
marketing
implemented
pursuant
to
2011
Iowa
11
Acts,
House
File
45,
for
FY
2010-2011
to
a
department
or
12
agency
receiving
a
supplemental
appropriation
for
FY
2010-2011
13
pursuant
to
2011
Iowa
Acts,
Senate
File
209.
This
provision
14
takes
effect
upon
enactment
and
is
retroactively
applicable
to
15
the
effective
date
of
House
File
45
of
March
7,
2011.
16
The
division
provides
that
any
computer
software
developed
17
by
a
county
for
purposes
of
election
activities
is
the
property
18
of
the
county
unless
the
county
sells
the
rights
to
the
19
software.
20
The
division
provides
that
certain
sections
of
2011
Iowa
21
Acts,
Senate
File
205,
take
effect
upon
enactment
of
this
bill,
22
rather
than
on
July
1,
2011.
The
affected
provisions
require
23
the
department
of
transportation
to
waive
the
certificate
24
of
title
fee
and
surcharge
when
ownership
of
a
vehicle
is
25
transferred
from
a
decedent
to
the
surviving
spouse
who
is
26
entitled
to
ownership
of
the
vehicle
under
the
laws
of
descent
27
or
the
terms
of
the
decedent’s
will.
The
affected
provisions
28
also
provide
that,
for
purposes
of
calculating
the
annual
29
registration
fee
of
a
such
a
motor
vehicle,
the
term
“owner”
30
includes
a
surviving
spouse.
31
The
division
amends
Code
section
80B.6
to
add
two
members
to
32
the
Iowa
law
enforcement
academy
council.
33
The
division
amends
Code
section
256C.5
to
reduce
the
school
34
aid
formula
weighting
for
the
statewide
preschool
program
for
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four-year-old
children
from
60
percent
to
50
percent
of
the
1
actual
enrollment
of
eligible
students.
This
provision
takes
2
effect
upon
enactment,
and
applies
to
budget
years
beginning
on
3
or
after
July
1,
2011.
4
The
division
amends
Code
section
279.51
to
expand
the
manner
5
in
which
grant
moneys
received
from
the
child
development
6
coordinating
council
for
programs
for
at-risk
children
may
be
7
used.
8
The
division
amends
Code
section
303.19A
to
provide
that
9
the
state
historic
preservation
officer
shall
only
recommend
10
that
a
municipal
utility
constructing
electric
distribution
11
and
transmission
facilities
for
which
it
is
receiving
federal
12
funding
conduct
an
archeological
site
survey
of
its
proposed
13
route
when,
based
upon
a
review
of
existing
information
on
14
historic
properties
within
the
area
of
potential
effects
of
15
the
construction,
the
state
historic
preservation
officer
16
has
determined
that
a
historic
property
is
likely
to
exist
17
within
the
proposed
route.
This
provision
takes
effect
upon
18
enactment.
19
The
amendment
to
Code
section
321J.2,
subsection
4,
20
paragraph
b,
makes
a
correction
to
a
criminal
penalty
provision
21
relating
to
the
court’s
assessment
of
a
mandatory
minimum
fine
22
in
a
second
offense
operating-while-intoxicated
case
to
reflect
23
previous
law
in
effect
through
November
30,
2010.
Senate
File
24
431
(2010
Iowa
Acts)
reorganized
criminal
penalty,
sentencing,
25
and
related
license
revocation
provisions
in
Code
section
26
321J.2.
27
The
division
amends
Code
section
435A.35
to
provide
that
28
the
first
$106,016,400
of
revenues
generated
from
the
tax
on
29
cigarettes
and
from
the
tax
on
certain
tobacco
products
are
30
credited
to
the
health
care
trust
fund.
Currently,
the
moneys
31
are
credited
to
the
general
fund
of
the
state
and
appropriated
32
annually
to
the
health
care
trust
fund.
33
The
division
amends
Code
section
466B.31
to
add
three
34
members
to
the
watershed
planning
advisory
council.
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The
division
amends
Code
section
537A.5,
as
amended
by
1
2011
Iowa
Acts,
Senate
File
396,
section
1,
by
eliminating
2
from
the
definition
of
the
term
“construction
contract”,
as
3
it
relates
to
certain
indemnity
agreements
for
construction
4
contracts,
agreements
related
to
the
construction,
5
alteration,
improvement,
development,
demolition,
excavation,
6
rehabilitation,
maintenance,
or
repair
of
highways,
roads,
7
streets,
bridges,
tunnels,
transportation
facilities,
and
8
airports.
9
The
division
extends
the
repeal
date
in
Code
section
10
654.4B
from
July
1,
2011,
to
July
1,
2012,
for
certain
notice
11
requirements
related
to
acceleration
of
mortgage
indebtedness.
12
This
provision
takes
effect
upon
enactment.
13
APPROPRIATION
TRANSFERS.
This
division
revises
and
14
reduces
appropriation
transfers
in
lieu
of
transfers
made
15
by
the
executive
branch,
as
reported
by
the
department
of
16
management
on
August
27,
2010.
A
portion
of
the
appropriation
17
in
2010
Iowa
Acts,
chapter
1184,
from
the
rebuild
Iowa
18
infrastructure
fund
to
the
grow
Iowa
values
fund
is
transferred
19
to
the
department
of
economic
development’s
Iowans
helping
20
Iowans
business
assistance
program.
Two
amounts
from
the
21
appropriation
made
in
2010
Iowa
Acts,
chapter
1193,
to
the
22
department
of
human
services
for
the
medical
assistance
program
23
are
transferred
to
the
department’s
unmet
needs
program
and
to
24
the
Iowa
finance
authority
to
be
used
for
the
Iowans
helping
25
Iowans
housing
assistance
program.
The
division
takes
effect
26
upon
enactment
and
is
retroactively
applicable
to
August
27,
27
2010.
28
REORGANIZATION.
This
division
addresses
state
government
29
reorganization.
30
New
Code
section
8.75
requires
each
department
to
separately
31
track
the
budget
and
actual
expenditures
for
contract
services
32
and
for
employee
training
for
each
appropriation
line
item.
33
New
Code
section
8A.319
requires
the
department
of
34
administrative
services
to
facilitate
efficient
and
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cost-effective
purchasing
for
state
government
by
conducting
1
certain
activities.
2
The
division
requires
the
department
of
administrative
3
services
to
consult
with
the
legislative
and
judicial
branches
4
and
explore
opportunities
for
providing
information
technology
5
services
to
those
branches.
6
The
division
encourages
state
agencies
to
utilize
electronic
7
mail
or
similar
electronic
means
for
license
or
permit
8
notification
purposes.
9
The
division
requires
state
agencies
to
budget
for
and
10
plan
to
conduct
lean
projects.
The
division
encourages
state
11
agencies
to
share
resources
and
services.
12
The
division
requires
each
joint
appropriations
subcommittee
13
of
the
general
assembly
to
annually
examine
and
review
the
fees
14
charged
by
state
agencies.
15
The
division
requires
the
department
of
administrative
16
services,
in
consultation
with
the
department
of
management,
17
to
examine
the
state
personnel
hiring
process
with
the
goal
of
18
simplifying
and
reducing
the
steps
needed
for
state
agencies
19
to
hire
personnel.
20
The
division
includes
requirements
for
compliance
checks
of
21
licensed
retail
tobacco
outlets.
22
The
division
requires
the
department
of
administrative
23
services
to
examine
the
possibility
of
merging
all
state
24
payroll
systems
into
the
centralized
payroll
system.
25
The
division
requires
the
department
of
administrative
26
services
to
implement
to
the
greatest
extent
possible
a
payroll
27
system
paying
state
employees
on
a
semimonthly
basis.
28
MEDICATION
THERAPY
MANAGEMENT.
This
division
amends
the
29
pilot
program
for
medication
therapy
management
implemented
30
on
July
1,
2010,
for
eligible
state
employees,
extending
31
the
contract
under
the
program
for
an
additional
year.
The
32
division
transfers
funds
to
the
department
of
administrative
33
services
for
the
purpose
of
the
program.
The
division
takes
34
effect
upon
enactment.
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EARNED
INCOME
TAX
CREDIT.
This
division
increases
the
1
amount
of
the
state
earned
income
tax
credit.
Currently,
the
2
credit
is
equal
to
7
percent
of
the
amount
of
a
taxpayer’s
3
federal
earned
income
tax
credit.
The
division
increases
the
4
amount
of
the
credit
to
10
percent.
5
The
division
applies
retroactively
to
January
1,
2011,
for
6
tax
years
beginning
on
or
after
that
date.
7
ALLOWABLE
GROWTH.
This
division
establishes
a
state
percent
8
growth
of
3
percent
for
purposes
of
the
state
school
foundation
9
program
for
the
school
budget
year
beginning
July
1,
2012.
The
10
division
establishes
a
categorical
state
percent
of
growth
11
of
3
percent
for
purposes
of
the
state
school
foundation
12
program
for
the
school
budget
year
beginning
July
1,
2012.
The
13
categorical
state
percent
of
growth
includes
the
teacher
salary
14
supplement,
the
professional
development
supplement,
and
the
15
early
intervention
supplement.
The
division
is
applicable
for
16
computing
state
aid
under
the
state
school
foundation
program
17
for
the
school
budget
year
beginning
July
1,
2012.
18
WITHHOLDING
AGREEMENTS.
This
division
amends
the
terms
19
“employer”
and
“targeted
job”
related
to
withholding
agreements
20
between
a
pilot
project
city
and
an
employer
concerning
a
21
targeted
jobs
withholding
credit
authorized
under
Code
section
22
403.19A.
Currently
the
terms
only
relate
to
new
or
created
23
jobs.
The
division
adds
retained
jobs
to
both
terms.
24
SCHOOL
EMPLOYEE
MISCONDUCT.
This
division
makes
changes
25
relating
to
misconduct
by
a
school
employee
and
provides
for
26
the
related
duties
and
responsibilities
of
certain
other
27
persons,
accredited
public
and
private
schools,
area
education
28
agencies,
and
the
board
of
educational
examiners.
29
The
division
directs
the
board
of
educational
examiners
30
to
provide
annually
to
any
person
who
holds
a
license,
31
certificate,
authorization,
or
statement
of
recognition
32
issued
by
the
board,
training
relating
to
the
knowledge
and
33
understanding
of
the
board’s
code
of
professional
conduct
and
34
ethics.
The
board
shall
develop
a
curriculum
that
addresses
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the
code
of
professional
conduct
and
ethics
and
shall
annually
1
provide
regional
training
opportunities
throughout
the
state.
2
The
division
authorizes
the
board
to
deny
a
license
or
3
revoke
the
license
of
an
administrator
if
the
board
finds
by
4
a
preponderance
of
evidence
that
the
administrator
failed
to
5
report
the
termination
or
resignation
of
a
school
employee
6
holding
a
license,
certificate,
statement
of
professional
7
recognition,
or
coaching
authorization,
for
reasons
of
alleged
8
misconduct
or
actual
misconduct.
9
The
division
also
requires
a
school
board
and
the
10
authorities
in
charge
of
an
accredited
nonpublic
school
to
11
place
on
administrative
leave
a
school
employee
who
is
the
12
subject
of
an
investigation
of
an
alleged
incident
of
abuse
of
13
a
student.
If
the
results
of
the
investigation
of
a
school
14
employee
who
holds
a
license,
certificate,
authorization,
or
15
statement
of
recognition
issued
by
the
board
of
educational
16
examiners
find
that
the
school
employee’s
conduct
constitutes
a
17
crime
under
any
other
statute,
the
school
board
shall
report
18
the
results
of
the
investigation
to
the
board
of
educational
19
examiners.
20
The
division
provides
civil
and
criminal
immunity
to
an
21
employee
of
a
school
district,
an
accredited
nonpublic
school,
22
or
an
area
education
agency
who
participates
in
good
faith
and
23
acts
reasonably
in
the
making
of
a
report
to,
or
investigation
24
by,
an
appropriate
person
or
agency
regarding
physical
or
25
sexual
abuse
of
a
student.
26
BUSINESS
PROPERTY
TAX
CREDITS.
This
division
of
the
bill
27
creates
a
business
property
tax
credit
under
new
Code
chapter
28
426C
for
property
taxes
due
and
payable
in
fiscal
years
29
beginning
on
or
after
July
1,
2012.
30
The
division
establishes
a
business
property
tax
credit
31
fund.
For
the
fiscal
year
beginning
July
1,
2012,
the
32
division
appropriates
from
the
general
fund
of
the
state
to
the
33
department
of
revenue
for
deposit
in
the
fund,
$50
million.
34
For
the
fiscal
year
beginning
July
1,
2013,
and
each
fiscal
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year
thereafter,
the
division
appropriates
from
the
general
1
fund
of
the
state
to
the
department
of
revenue
for
deposit
2
in
the
fund
an
amount
equal
to
the
total
amount
appropriated
3
by
the
general
assembly
to
the
fund
in
the
previous
fiscal
4
year.
In
addition,
for
fiscal
years
beginning
on
or
after
5
July
1,
2013,
the
division
appropriates
an
additional
sum
of
6
$50
million
to
the
fund
if
the
revenue
estimating
conference
7
certifies
that
the
total
amount
of
general
fund
revenues
8
has
grown
by
at
least
4
percent
as
compared
to
the
previous
9
fiscal
year.
The
division
provides,
however,
that
the
total
10
appropriation
to
the
fund
shall
not
exceed
$200
million
in
any
11
one
fiscal
year.
Under
the
division,
interest
or
earnings
on
12
moneys
deposited
in
the
fund
are
credited
to
the
fund,
moneys
13
in
the
fund
are
not
subject
to
the
provisions
of
Code
section
14
8.33,
and
moneys
in
the
fund
shall
not
be
transferred,
used,
15
obligated,
appropriated,
or
otherwise
encumbered
except
as
16
provided
in
new
Code
chapter
426C.
17
The
division
provides
that
each
person
who
wishes
to
claim
18
a
business
property
tax
credit
shall
obtain
the
appropriate
19
forms
from
the
assessor
and
file
the
claim
with
the
assessor.
20
The
director
of
revenue
is
required
to
prescribe
suitable
21
forms
and
instructions
for
such
claims,
and
make
such
forms
22
and
instructions
available
to
the
assessors.
The
assessor
23
is
required
to
remit
the
claims
for
credit
to
the
county
24
auditor
with
the
assessor’s
recommendation
for
allowance
25
or
disallowance.
If
the
assessor
recommends
disallowance
26
of
a
claim,
the
assessor
shall
submit
the
reasons
for
the
27
recommendation,
in
writing,
to
the
county
auditor.
The
county
28
auditor
then
forwards
the
claims
to
the
board
of
supervisors.
29
The
board
is
required
to
allow
or
disallow
the
claims.
If
30
the
board
of
supervisors
disallows
a
claim
for
a
credit,
the
31
board
of
supervisors
is
required
to
send
written
notice,
by
32
mail,
to
the
claimant
and
the
notice
must
state
the
reasons
for
33
disallowing
the
claim
for
the
credit.
Any
person
whose
claim
34
for
credit
is
denied
may
appeal
from
the
action
of
the
board
of
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supervisors
to
the
district
court
of
the
county
in
which
the
1
parcel
or
property
unit
is
located.
2
Claims
for
the
business
property
tax
credit
must
be
filed
3
not
later
than
March
15
preceding
the
fiscal
year
during
which
4
the
property
taxes
for
which
the
credit
is
claimed
are
due
5
and
payable.
However,
the
deadline
for
filing
claims
against
6
property
taxes
due
and
payable
in
the
fiscal
year
beginning
7
July
1,
2012,
is
January
15,
2012.
8
Upon
the
filing
of
a
claim
and
allowance
of
a
business
9
property
tax
credit,
the
credit
is
allowed
on
the
parcel
or
10
property
unit
for
successive
years
without
further
filing
as
11
long
as
the
parcel
or
property
unit
satisfies
the
requirements
12
for
the
credit.
The
owner
is
required
to
provide
written
13
notice
to
the
assessor
when
the
parcel
or
property
unit
ceases
14
to
qualify
for
the
credit.
The
division
requires
the
assessor
15
to
maintain
a
permanent
file
of
current
credits
and
also
16
specifies
certain
requirements
for
parcel
or
property
unit
17
owners,
assessors,
and
county
recorders
when
all
or
a
portion
18
of
such
parcels
or
property
units
are
sold,
transferred,
or
19
ownership
otherwise
changes.
20
Under
the
division,
each
parcel
classified
and
taxed
21
as
commercial
property,
industrial
property,
or
railway
22
property
under
Code
chapter
434,
and
improved
with
permanent
23
construction,
is
eligible
for
a
business
property
tax
credit.
24
A
person
may
claim
and
receive
one
credit
for
each
eligible
25
parcel
unless
the
parcel
is
part
of
a
property
unit.
The
26
division
defines
“property
unit”
to
mean
contiguous
parcels
27
located
within
the
same
county,
with
the
same
property
tax
28
classification,
each
containing
permanent
improvements,
owned
29
by
the
same
person,
and
operated
by
that
person
for
a
common
30
use
and
purpose.
A
person
may
only
claim
and
receive
one
31
tax
credit
for
each
property
unit.
A
credit
approved
for
a
32
property
unit
is
allocated
to
the
several
parcels
within
the
33
property
unit
in
the
proportion
that
each
parcel’s
property
34
tax
liability
on
improvements
bears
to
the
total
property
tax
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liability
on
improvements
for
the
property
unit.
Only
those
1
property
units
comprised
of
commercial
property,
comprised
of
2
industrial
property,
or
comprised
of
railway
property
under
3
Code
chapter
434
are
eligible
for
a
credit.
4
The
division
provides
that
all
claims
for
credit
which
5
have
been
allowed,
the
actual
value
of
the
improvements
to
6
the
applicable
parcels
and
property
units
that
are
subject
to
7
assessment
and
taxation,
the
consolidated
levy
rates
or
average
8
consolidated
levy
rates
for
such
parcels
and
property
units
9
applicable
to
the
fiscal
year
for
which
the
credit
is
claimed,
10
and
the
taxing
districts
in
which
each
parcel
or
property
unit
11
is
located,
shall
be
certified
on
or
before
June
15,
in
each
12
year,
by
the
county
auditor
to
the
department
of
revenue.
13
The
division
provides
that
using
the
actual
value
of
14
the
improvements
and
the
consolidated
levy
rate
or
average
15
consolidated
levy
rate
for
each
parcel
or
property
unit,
as
16
certified
by
the
county
auditor,
the
department
is
required
to
17
calculate,
for
each
fiscal
year,
an
initial
amount
of
actual
18
value
of
improvements
for
use
in
determining
the
amount
of
19
the
credit
for
each
approved
parcel
or
property
unit
so
as
to
20
provide
the
maximum
possible
credit
according
to
the
credit
21
formula
and
limitations
in
the
division,
and
to
provide
a
22
total
dollar
amount
of
credits
in
the
fiscal
year
equal
to
98
23
percent
of
the
moneys
in
the
business
property
tax
credit
fund
24
following
the
deposit
of
the
total
appropriation
for
the
fiscal
25
year.
26
The
credit
for
each
parcel
or
property
unit
for
which
a
27
claim
for
a
business
property
tax
credit
has
been
approved
is
28
calculated
using
the
lesser
of
the
initial
amount
of
actual
29
value
of
the
improvements
determined
by
the
department
for
30
the
fiscal
year
and
the
actual
value
of
improvements
to
the
31
parcel
or
property
unit
as
certified
to
the
department
of
32
revenue.
The
amount
of
the
credit
for
each
parcel
or
property
33
unit
is
then
calculated
by
multiplying
the
lesser
amount
of
34
actual
value,
so
determined,
by
the
difference,
stated
as
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a
percentage,
between
the
assessment
limitation
applicable
1
to
the
parcel
or
property
unit
under
Code
section
441.21(5)
2
(commercial,
industrial,
and
railway
property
rollback)
and
the
3
assessment
limitation
applicable
to
residential
property
under
4
Code
section
441.21(4)
(residential
property
rollback),
divided
5
by
$1,000,
and
then
multiplied
by
the
consolidated
levy
rate
6
or
average
consolidated
levy
rate
per
$1,000
of
taxable
value
7
applicable
to
the
parcel
or
property
unit
for
the
fiscal
year
8
for
which
the
credit
is
claimed.
9
The
division
specifies
the
procedures
for
the
payment
of
10
the
amount
of
the
business
property
tax
credits
to
the
county
11
treasurers
and
the
resulting
apportionment
to
the
applicable
12
taxing
districts.
The
division
also
specifies
the
requirements
13
and
procedures
for
an
appeal
of
a
denial
of
a
claim
for
14
credit,
specifies
the
requirements
and
procedures
for
an
audit
15
of
a
business
property
tax
credit
allowed,
and
specifies
16
requirements
relating
to
the
collection
of
property
taxes
17
due
as
the
result
of
an
incorrectly
calculated
or
improperly
18
approved
credit.
19
The
division
provides
that
a
person
who
makes
a
false
claim
20
for
the
purpose
of
obtaining
a
business
property
tax
credit
21
or
who
knowingly
receives
the
credit
without
being
legally
22
entitled
to
it
is
guilty
of
a
fraudulent
practice
and
is
23
subject
to
a
criminal
penalty.
24
The
division
applies
to
property
taxes
due
and
payable
in
25
fiscal
years
beginning
on
or
after
July
1,
2012.
26
COUNTY
AND
CITY
BUDGET
LIMITATION.
This
division
removes
27
the
property
tax
levy
rate
limitations
on
the
general
and
rural
28
services
funds
for
counties
and
on
the
general
fund
for
cities
29
and
substitutes
a
limitation
on
the
maximum
amount
of
property
30
tax
dollars
that
may
be
certified
for
expenditure
by
a
county
31
or
city
for
budget
years
beginning
on
or
after
July
1,
2013.
32
For
the
budget
year
beginning
July
1,
2013,
and
subsequent
33
budget
years,
the
maximum
amount
of
property
tax
dollars
which
34
may
be
certified
for
levy
shall
be
an
amount
equal
to
the
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sum
of
the
current
fiscal
year’s
total
property
tax
dollars
1
certified
by
the
applicable
city
or
county
multiplied
by
the
2
annual
growth
factor,
as
defined
in
the
division,
the
amount
3
of
net
new
valuation
taxes,
as
defined
in
the
division,
and
4
certain
unfunded
state
or
federal
mandate
costs,
as
defined
in
5
the
division.
The
bill
does
not,
however,
modify
a
county’s
6
ability
to
certify
a
supplemental
levy
for
certain
purposes
7
specified
in
Code
section
331.424.
The
bill
specifies
the
8
various
levies
and
funds
that
are
subject
to
the
maximum
dollar
9
limitation.
10
The
division
also
allows
counties
and
cities
to
certify
11
additions
to
the
maximum
amount
of
property
tax
dollars
to
be
12
levied
for
a
budget
year
if
the
city
or
county
has
conducted
a
13
second
public
hearing
on
the
budget.
The
division
specifies
14
that
such
additional
amounts
are
not
to
be
included
in
the
15
computation
of
the
maximum
amount
of
property
tax
dollars
for
16
future
budget
years.
17
The
division
specifies
certain
requirements
for
ending
fund
18
balances
for
counties
and
cities.
The
division
provides
that
19
budgeted
ending
fund
balances
for
a
budget
year
in
excess
of
25
20
percent
of
budgeted
expenditures
shall
be
explicitly
committed
21
or
assigned
for
a
specific
purpose.
22
Under
the
division,
counties
and
cities
are
encouraged,
but
23
not
required,
to
reduce
budgeted,
uncommitted,
or
unassigned
24
ending
fund
balances
for
the
budget
year
to
an
amount
equal
25
to
approximately
25
percent
of
budgeted
expenditures
for
that
26
budget
year
unless
a
decision
is
certified
by
the
state
appeal
27
board
ordering
a
reduction
in
the
ending
fund
balance
of
any
of
28
those
funds.
The
county
or
city,
as
applicable,
has
the
burden
29
of
proving
that
the
budgeted
balances
in
excess
of
25
percent
30
are
reasonably
likely
to
be
appropriated
for
the
explicitly
31
committed
or
assigned
specific
purpose.
32
The
division
also
allows
for
additional
property
taxes
to
33
be
levied
in
certain
fiscal
years
for
those
counties
or
cities
34
that
have,
as
of
June
30,
2012,
reduced
their
actual
ending
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fund
balance
to
less
than
25
percent
of
actual
expenditures.
1
Such
additional
property
tax
dollars
authorized
but
not
levied
2
may
be
carried
forward
as
unused
ending
fund
balance
taxing
3
authority
until
and
for
the
fiscal
year
beginning
July
1,
2018.
4
However,
the
amount
carried
forward
shall
not
exceed
25
percent
5
of
the
maximum
amount
of
property
tax
dollars
available
in
the
6
current
fiscal
year.
The
amount
of
such
additional
property
7
taxes
levied
shall
not,
however,
be
included
in
the
computation
8
of
the
maximum
amount
of
property
tax
dollars
which
may
be
9
certified
and
levied
in
future
budget
years.
10
The
division
also
makes
conforming
amendments
to
other
11
provisions
of
the
Code.
12
The
division
takes
effect
July
1,
2012,
and
applies
to
fiscal
13
years
beginning
on
or
after
July
1,
2013.
14
RESIDENTIAL
PROPERTY
ASSESSMENT
LIMITATION.
This
division
15
provides
that
for
valuations
established
as
of
January
1,
16
2012,
and
each
assessment
year
thereafter,
the
percentage
of
17
actual
value
at
which
residential
property
is
assessed
shall
18
be
calculated
in
accordance
with
the
methods
provided
in
Code
19
section
441.21,
except
that
in
no
assessment
year
shall
the
20
percentage
of
actual
value
at
which
residential
property
is
21
assessed
be
less
than
50
percent.
22
RETROACTIVE
APPLICABILITY.
Unless
otherwise
provided,
the
23
bill,
if
approved
by
the
governor
after
July
1,
2011,
applies
24
retroactively
to
July
1,
2011.
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