Senate File 452 - Introduced SENATE FILE 452 BY COMMITTEE ON APPROPRIATIONS A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for fees, providing for legal 2 responsibilities, providing for certain employee benefits, 3 and providing for properly related matters, and including 4 effective date and retroactive and other applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2530SV (2) 85 tm/jp
S.F. 452 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2014-2015. 3 1. For the budget process applicable to the fiscal year 4 beginning July 1, 2014, on or before October 1, 2013, 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. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 22 2013-2014. Notwithstanding the standing appropriations 23 in the following designated sections for the fiscal year 24 beginning July 1, 2013, and ending June 30, 2014, the amounts 25 appropriated from the general fund of the state pursuant to 26 these sections for the following designated purposes shall not 27 exceed the following amounts: 28 1. For payment for nonpublic school transportation under 29 section 285.2: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 31 2. For the enforcement of chapter 453D relating to tobacco 32 product manufacturers under section 453D.8: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 34 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 35 -1- LSB 2530SV (2) 85 tm/jp 1/ 34
S.F. 452 2014-2015. Notwithstanding the standing appropriations 1 in the following designated sections for the fiscal year 2 beginning July 1, 2014, and ending June 30, 2015, the amounts 3 appropriated from the general fund of the state pursuant to 4 these sections for the following designated purposes shall not 5 exceed the following amounts: 6 1. For operational support grants and community cultural 7 grants under section 99F.11, subsection 3, paragraph “d”, 8 subparagraph (1): 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 260,000 10 2. For regional tourism marketing under section 99F.11, 11 subsection 3, paragraph “d”, subparagraph (2): 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 582,000 13 3. For programs for at-risk children under section 279.51: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,303,095 15 4. For payment for nonpublic school transportation under 16 section 285.2: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 18 5. For the enforcement of chapter 453D relating to tobacco 19 product manufacturers under section 453D.8: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 21 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— FY 2013-2014 22 —— FY 2014-2015. In lieu of the appropriation provided in 23 section 257.20, subsection 2 , the appropriation for the fiscal 24 years beginning July 1, 2013, and July 1, 2014, for paying 25 instructional support state aid under section 257.20 for fiscal 26 years 2013-2014 and 2014-2015 is zero. 27 Sec. 5. Section 8.8, Code 2013, is amended to read as 28 follows: 29 8.8 Special olympics fund —— appropriation. 30 A special olympics fund is created in the office of the 31 treasurer of state under the control of the department of 32 management. There is appropriated annually from the general 33 fund of the state to the special olympics fund fifty one 34 hundred thousand dollars for distribution to one or more 35 -2- LSB 2530SV (2) 85 tm/jp 2/ 34
S.F. 452 organizations which administer special olympics programs 1 benefiting the citizens of Iowa with disabilities. 2 DIVISION II 3 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 4 Sec. 6. INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM. There is 5 appropriated from the general fund of the state to the credit 6 union division of the department of commerce for the fiscal 7 year beginning July 1, 2013, and ending June 30, 2014, the 8 following amounts, or so much thereof as is necessary, for the 9 purposes designated: 10 For costs associated with the individual development account 11 program: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 13 Sec. 7. RENEWABLE ENERGY TRAINING AND EDUCATION. There 14 is appropriated from the general fund of the state to the 15 department of workforce development for the following fiscal 16 years, the following amounts, or so much thereof as is 17 necessary, to distribute for a public purpose to an entity 18 with a mission of educating workers and the public in the 19 various aspects of renewable energy, its usage, and related 20 occupational opportunities: 21 1. FY 2013-2014 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 23 2. FY 2014-2015 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 25 Sec. 8. PUBLIC TRANSIT. There is appropriated from the 26 general fund of the state to the department of transportation, 27 for the fiscal year beginning July 1, 2012, and ending June 30, 28 2013, the following amount, or so much thereof as is necessary, 29 for the purposes designated: 30 For distribution to the public transit systems in the state 31 for vehicle purchasing priorities: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 33 For purposes of section 8.33, unencumbered or unobligated 34 moneys from the moneys appropriated in this section shall 35 -3- LSB 2530SV (2) 85 tm/jp 3/ 34
S.F. 452 not revert at the close of the fiscal year but shall remain 1 available for expenditure for the purposes designated until the 2 close of the fiscal year that ends two years after the end of 3 the fiscal year for which the appropriation was made. 4 Sec. 9. AIR TRAFFIC CONTROL TOWER. There is appropriated 5 from the general fund of the state to the department of 6 transportation, for the fiscal year beginning July 1, 2013, and 7 ending June 30, 2014, the following amount, or so much thereof 8 as is necessary, for the purposes designated: 9 For the public purpose of defraying costs associated with 10 the operation of a contract air traffic control tower which 11 holds an air agency certificate: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 13 Moneys appropriated by this section shall be distributed 14 on a local match basis to the largest city in a county with a 15 population of more than 92,000 and less than 95,000. 16 Sec. 10. POPULATION OF CITIES —— 2010-2020. 17 Notwithstanding any provision of sections 4.1 and 9F.6 to the 18 contrary, for the period beginning April 1, 2010, and ending 19 March 31, 2020, whenever the population of any city is referred 20 to in any law of this state, it shall be determined by the 21 greater of the population of the city as of the last preceding 22 certified federal census or as of the April 1, 2010, population 23 estimates base as determined by the United States census 24 bureau, unless otherwise provided. 25 Sec. 11. Section 91C.7, subsection 1, Code 2013, is amended 26 to read as follows: 27 1. A contractor who is not registered with the labor 28 commissioner as required by this chapter shall not be awarded 29 a contract to perform work for the state or , an agency of the 30 state , or a political subdivision of the state . 31 Sec. 12. Section 99F.11, subsection 3, paragraph d, 32 subparagraph (3), Code 2013, is amended by striking the 33 subparagraph and inserting in lieu thereof the following: 34 (3) One-half of the moneys remaining after the 35 -4- LSB 2530SV (2) 85 tm/jp 4/ 34
S.F. 452 appropriation in subparagraph (1) is appropriated to the 1 community development division of the economic development 2 authority for distribution equally to the three state tourism 3 regions to develop public-private partnerships to market local 4 attractions. 5 Sec. 13. Section 144.26, Code 2013, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 5. Upon the activation of an electronic 8 death record system, each person with a duty related to death 9 certificates shall participate in the electronic death record 10 system. A person with a duty related to a death certificate 11 includes but is not limited to a physician as defined in 12 section 135.1, a physician assistant, an advanced registered 13 nurse practitioner, a funeral director, and a county recorder. 14 Sec. 14. Section 261.93, subsection 2, paragraph b, 15 subparagraph (4), Code 2013, is amended to read as follows: 16 (4) Is the child of a fire fighter or police officer 17 included under section 97B.49B , who was killed in the line of 18 duty as determined by the Iowa public employees’ retirement 19 system in accordance with section 97B.52, subsection 2 . 20 Sec. 15. CONDITIONAL EFFECTIVE DATE. The section of this 21 division of this Act amending section 99F.11, takes effect only 22 if 2013 Iowa Acts, Senate File 300 is enacted. 23 Sec. 16. EFFECTIVE UPON ENACTMENT. The following provision 24 or provisions of this division of this Act, being deemed of 25 immediate importance, take effect upon enactment: 26 1. The section of this Act appropriating moneys to the 27 department of transportation for public transit purposes. 28 DIVISION III 29 CORRECTIVE PROVISIONS 30 Sec. 17. Section 2.12, unnumbered paragraph 4, Code 2013, 31 as amended by 2013 Iowa Acts, House File 185, section 1, is 32 amended to read as follows: 33 There is appropriated out of any funds in the state treasury 34 not otherwise appropriated such sums as may be necessary for 35 -5- LSB 2530SV (2) 85 tm/jp 5/ 34
S.F. 452 the fiscal year budgets of the legislative services agency 1 and the ombudsman office of ombudsman for salaries, support, 2 maintenance, and miscellaneous purposes to carry out their 3 statutory responsibilities. The legislative services agency 4 and the ombudsman office of ombudsman shall submit their 5 proposed budgets to the legislative council not later than 6 September 1 of each year. The legislative council shall review 7 and approve the proposed budgets not later than December 1 of 8 each year. The budget approved by the legislative council for 9 each of its statutory legislative agencies shall be transmitted 10 by the legislative council to the department of management on 11 or before December 1 of each year for the fiscal year beginning 12 July 1 of the following year. The department of management 13 shall submit the approved budgets received from the legislative 14 council to the governor for inclusion in the governor’s 15 proposed budget for the succeeding fiscal year. The approved 16 budgets shall also be submitted to the chairpersons of the 17 committees on appropriations. The committees on appropriations 18 may allocate from the funds appropriated by this section 19 the funds contained in the approved budgets, or such other 20 amounts as specified, pursuant to a concurrent resolution to be 21 approved by both houses of the general assembly. The director 22 of the department of administrative services shall issue 23 warrants for salaries, support, maintenance, and miscellaneous 24 purposes upon requisition by the administrative head of each 25 statutory legislative agency. If the legislative council 26 elects to change the approved budget for a legislative agency 27 prior to July 1, the legislative council shall transmit the 28 amount of the budget revision to the department of management 29 prior to July 1 of the fiscal year, however, if the general 30 assembly approved the budget it cannot be changed except 31 pursuant to a concurrent resolution approved by the general 32 assembly. 33 Sec. 18. Section 2.42, subsection 14, Code 2013, as amended 34 by 2013 Iowa Acts, House File 185, section 2, is amended to 35 -6- LSB 2530SV (2) 85 tm/jp 6/ 34
S.F. 452 read as follows: 1 14. To hear and act upon appeals of aggrieved employees of 2 the legislative services agency and the office of the ombudsman 3 pursuant to rules of procedure established by the council. 4 Sec. 19. Section 2C.3, subsection 2, Code 2013, as enacted 5 by 2013 Iowa Acts, House File 185, section 4, is amended to 6 read as follows: 7 2. The ombudsman shall employ and supervise all employees 8 under the ombudsman’s direction in such positions and at such 9 salaries as shall be authorized by the legislative council. 10 The legislative council shall hear and act upon appeals of 11 aggrieved employees of the office of the ombudsman. 12 Sec. 20. Section 2C.9, subsection 6, Code 2013, as amended 13 by 2013 Iowa Acts, House File 185, section 10, is amended to 14 read as follows: 15 6. Establish rules relating to the operation, organization, 16 and procedure of the office of the ombudsman. The rules are 17 exempt from chapter 17A and shall be published in the Iowa 18 administrative code. 19 Sec. 21. Section 2C.11, subsection 1, unnumbered paragraph 20 1, Code 2013, as amended by 2013 Iowa Acts, House File 185, 21 section 12, is amended to read as follows: 22 An appropriate subject for investigation by the office of 23 the ombudsman is an administrative action that might be: 24 Sec. 22. Section 2C.18, Code 2013, as amended by 2013 25 Iowa Acts, House File 185, section 20, is amended to read as 26 follows: 27 2C.18 Report to general assembly. 28 The ombudsman shall by April 1 of each year submit an 29 economically designed and reproduced report to the general 30 assembly and to the governor concerning the exercise of the 31 ombudsman ombudsman’s functions during the preceding calendar 32 year. In discussing matters with which the ombudsman has been 33 concerned, the ombudsman shall not identify specific persons 34 if to do so would cause needless hardship. If the annual 35 -7- LSB 2530SV (2) 85 tm/jp 7/ 34
S.F. 452 report criticizes a named agency or official, it shall also 1 include unedited replies made by the agency or official to the 2 criticism, unless excused by the agency or official affected. 3 Sec. 23. Section 8B.21, subsection 5, paragraph e, if 4 enacted by 2013 Iowa Acts, Senate File 396, section 3, is 5 amended to read as follows: 6 e. The department of public defense shall not be required 7 to obtain any information technology services pursuant to 8 this chapter for the department of public defense that is are 9 provided by the office pursuant to this chapter without the 10 consent of the adjutant general. 11 Sec. 24. Section 23A.4, subsection 3, Code 2013, as enacted 12 by 2013 Iowa Acts, House File 185, section 27, is amended to 13 read as follows: 14 3. Chapter 17A and this section are the exclusive remedy 15 for violations of this chapter . However, the office of the 16 ombudsman may review violations of this chapter and make 17 recommendations as provided in chapter 2C . 18 Sec. 25. Section 29.1, Code 2013, as amended by 2013 Iowa 19 Acts, House File 307, section 9, is amended to read as follows: 20 29.1 Department of public defense. 21 The department of public defense is composed of the office 22 of the adjutant general and the military forces of the 23 state of Iowa. The adjutant general is the director of the 24 department of public defense and shall perform all functions, 25 responsibilities, powers, and duties over concerning the 26 military forces of the state of Iowa as provided in the laws of 27 the state. 28 Sec. 26. Section 35A.13, subsection 6A, paragraph b, 29 subparagraph (1), if enacted by 2013 Iowa Acts, House File 613, 30 section 2, is amended to read as follows: 31 (1) The commission may provide educational assistance funds 32 to any child who has lived in the state of Iowa for two years 33 preceding application for state educational assistance, and who 34 is the child of a person who died prior to September 11, 2001, 35 -8- LSB 2530SV (2) 85 tm/jp 8/ 34
S.F. 452 during active federal military service while serving in the 1 armed forces or during active federal military service in the 2 Iowa national guard or other military component of the United 3 States, to defray the expenses of tuition, matriculation, 4 laboratory and similar fees, books and supplies, board, 5 lodging, and any other reasonably necessary expense for the 6 child or children incident to attendance in this state at an 7 educational or training institution of college grade, or in a 8 business or vocational training school with standards approved 9 by the department. The commission shall not expend more than 10 six hundred dollars per year for educational assistance for any 11 one child under this paragraph “b” . 12 Sec. 27. Section 70A.28, subsection 6, Code 2013, as amended 13 by 2013 Iowa Acts, House File 185, section 28, is amended to 14 read as follows: 15 6. Subsection 2 may also be enforced by an employee through 16 an administrative action pursuant to the requirements of this 17 subsection if the employee is not a merit system employee or 18 an employee covered by a collective bargaining agreement. An 19 employee eligible to pursue an administrative action pursuant 20 to this subsection who is discharged, suspended, demoted, 21 or otherwise receives a reduction in pay and who believes 22 the adverse employment action was taken as a result of the 23 employee’s disclosure of information that was authorized 24 pursuant to subsection 2 , may file an appeal of the adverse 25 employment action with the public employment relations 26 board within thirty calendar days following the later of the 27 effective date of the action or the date a finding is issued 28 to the employee by the office of the ombudsman pursuant to 29 section 2C.11A . The findings issued by the ombudsman may be 30 introduced as evidence before the public employment relations 31 board. The employee has the right to a hearing closed to the 32 public, but may request a public hearing. The hearing shall 33 otherwise be conducted in accordance with the rules of the 34 public employment relations board and the Iowa administrative 35 -9- LSB 2530SV (2) 85 tm/jp 9/ 34
S.F. 452 procedure Act, chapter 17A . If the public employment relations 1 board finds that the action taken in regard to the employee was 2 in violation of subsection 2 , the employee may be reinstated 3 without loss of pay or benefits for the elapsed period, or the 4 public employment relations board may provide other appropriate 5 remedies. Decisions by the public employment relations board 6 constitute final agency action. 7 Sec. 28. Section 126.11, subsection 3, paragraph b, Code 8 2013, as amended by 2013 Iowa Acts, House File 417, section 26, 9 is amended to read as follows: 10 b. A drug dispensed by filling or refilling a written, 11 electronic, facsimile, or oral prescription of a practitioner 12 licensed by law to administer the drug is exempt from section 13 126.10 , except section 126.10, subsection 1 , paragraph “a” , 14 section 126.10, subsection 1, paragraph “i” , subparagraphs 15 (2) and (3), and section 126.10, subsection 1 , paragraphs “k” 16 and “l” , and the packaging requirements of section 126.10, 17 subsection 1 , paragraphs “g” , “h” , and “p” , if the drug bears 18 a label containing the name and address of the dispenser, the 19 date of the prescription or of its filling, the name of the 20 prescriber, and, if stated in the prescription, the name of the 21 patient, and the directions for use and cautionary statements, 22 if any, contained in the prescription. This exemption does not 23 apply to a drug dispensed in the course of the conduct of the 24 business of dispensing drugs pursuant to diagnosis by mail, 25 or to a drug dispensed in violation of paragraph “a” of this 26 subsection . 27 Sec. 29. Section 249A.43, subsection 3, as enacted by 2013 28 Iowa Acts, Senate File 357, section 7, is amended to read as 29 follows: 30 3. An affidavit of service of a notice of entry of judgment 31 shall be made by first class mail at the address where the 32 debtor was served with the notice of overpayment. Service 33 is completed upon mailing as specified in this paragraph 34 subsection . 35 -10- LSB 2530SV (2) 85 tm/jp 10/ 34
S.F. 452 Sec. 30. Section 252D.17, subsection 1, paragraph m, as 1 enacted by 2013 Iowa Acts, House File 417, section 55, Code 2 2013, is amended to read as follows: 3 m. 2. The department shall establish criteria and a 4 phased-in schedule to require, no later than June 30, 2015, 5 payors of income to electronically transmit the amounts 6 withheld under an income withholding order. The department 7 shall assist payors of income in complying with the required 8 electronic transmission, and shall adopt rules setting forth 9 procedures for use in electronic transmission of funds, and 10 exemption from use of electronic transmission taking into 11 consideration any undue hardship electronic transmission 12 creates for payors of income. 13 Sec. 31. Section 263B.3, Code 2013, as amended by 2013 14 Iowa Acts, House File 417, section 63, is amended to read as 15 follows: 16 263B.3 Agreements with federal departments. 17 The state archaeologist is authorized to enter into 18 agreements and cooperative efforts with the federal highway 19 administrator, the United States departments of commerce, 20 interior, agriculture, and defense, and any other federal or 21 state agencies concerned with archaeological salvage or the 22 preservation of antiquities. 23 Sec. 32. Section 321.463, subsection 12A, paragraphs a and 24 c, as enacted by 2013 Iowa Acts, House File 14, section 1, are 25 amended to read as follows: 26 a. A person operating a vehicle or combination of vehicles 27 equipped with a retractable axle may raise the axle when 28 necessary to negotiate a turn, provided that the retractable 29 axle is lowered within one thousand feet following completion 30 of the turn. This paragraph does not apply to a vehicle or 31 combination of vehicles operated on an interstate highway, 32 including a ramp to or from an interstate highway, or on a 33 bridge. 34 c. This subsection does not prohibit the operation of a 35 -11- LSB 2530SV (2) 85 tm/jp 11/ 34
S.F. 452 vehicle or combination of vehicles equipped with a retractable 1 axle from operating with the retractable axle raised when the 2 vehicle or combination of vehicles is in compliance with the 3 weight limitations of this section with the retractable axle 4 raised. 5 Sec. 33. Section 327F.39, subsection 6, paragraph b, if 6 enacted by 2013 Iowa Acts, Senate File 340, section 4, is 7 amended to read as follows: 8 b. A violation of subsection 4A or rules adopted pursuant to 9 subsection 4A by a railroad worker transportation company or a 10 railroad corporation company is punishable as a schedule “one” 11 penalty under section 327C.5. 12 Sec. 34. Section 418.5, subsection 1, Code 2013, as amended 13 by 2013 Iowa Acts, House File 307, section 51, is amended to 14 read as follows: 15 1. The flood mitigation board is established consisting of 16 nine voting members and four ex officio, nonvoting members, 17 and is located for administrative purposes within the division 18 department . The director of the department shall provide 19 office space, staff assistance, and necessary supplies and 20 equipment for the board. The director shall budget funds to 21 pay the necessary expenses of the board. In performing its 22 functions, the board is performing a public function on behalf 23 of the state and is a public instrumentality of the state. 24 Sec. 35. Section 426A.11, subsection 1, Code 2013, as 25 amended by 2013 Iowa Acts, House File 417, section 97, is 26 amended to read as follows: 27 1. The property, not to exceed two thousand seven hundred 28 seventy-eight dollars in taxable value of any veteran, as 29 defined in section 35.1 , of the World War I. 30 Sec. 36. Section 455B.275, subsection 3A, paragraphs a and 31 b, if enacted by 2013 Iowa Acts, House File 541, section 1, are 32 amended to read as follows: 33 a. The person reconstructing the dam is only required to 34 possess the flooding easements or ownership which were was 35 -12- LSB 2530SV (2) 85 tm/jp 12/ 34
S.F. 452 held prior to the reconstruction as long as the former normal 1 pool elevation is not exceeded and the spillway capacity is 2 increased by at least fifty percent. 3 b. Flooding easements or ownership are is only required to 4 the top of the reconstructed spillway elevation. 5 Sec. 37. Section 490.863, subsection 3, paragraph a, as 6 enacted by 2013 Iowa Acts, House File 469, section 43, is 7 amended to read as follows: 8 a. “Holder” means and “held by” refers to shares held by 9 both a record shareholder, as defined in section 490.1301, 10 subsection 7, and a beneficial shareholder, as defined in 11 section 490.1301, subsection 2. 12 Sec. 38. Section 490.1302, subsection 2, paragraph d, Code 13 2013, as amended by 2013 Iowa Acts, House File 469, section 53, 14 is amended to read as follows: 15 d. Paragraph “a” , shall not be applicable and appraisal 16 rights shall be available pursuant to subsection 1 for the 17 holders of any class or series of shares where the corporate 18 action is an interested transaction. 19 Sec. 39. Section 522.6, subsection 2, if enacted by 2013 20 Iowa Acts, Senate File 189, section 6, is amended to read as 21 follows: 22 2. If an insurer qualifies for exemption from the 23 requirements of this chapter pursuant to paragraph “a” of 24 subsection 1, but the insurance group of which the insurer is 25 a member does not qualify for exemption pursuant to paragraph 26 “b” of subsection 1, then the own risk and solvency assessment 27 summary report that is required pursuant to section 521H.5 28 522.5 shall include information concerning every insurer 29 in the insurance group. This requirement may be satisfied 30 by the submission of more than one summary report for any 31 combination of insurers in the insurance group provided that 32 the combination of reports submitted includes every insurer in 33 the insurance group. 34 Sec. 40. Section 533.405, subsection 4A, paragraph b, 35 -13- LSB 2530SV (2) 85 tm/jp 13/ 34
S.F. 452 subparagraphs (1) and (2), as enacted by 2013 Iowa Acts, Senate 1 File 183, section 8, are amended to read as follows: 2 (1) State credit unions with assets in excess of $5 five 3 million dollars as of the month ending immediately prior to the 4 date of the conclusion of the vote by the membership approving 5 the dissolution shall publish the notice once a week for two 6 successive weeks in a newspaper of general circulation in each 7 county in which the state credit union maintains an office or 8 branch for the transaction of business. 9 (2) State credit unions with assets of $5 five million 10 dollars or less as of the month ending immediately prior to the 11 date of the conclusion of the vote by the membership approving 12 the dissolution shall publish the notice once in a newspaper of 13 general circulation in each county in which the state credit 14 union maintains an office or branch. 15 Sec. 41. Section 543C.2, subsection 1, paragraph j, if 16 enacted by 2013 Iowa Acts, House File 556, section 167, is 17 amended to read as follows: 18 j. The subdivider, if a corporation, must register to do 19 business in the state of Iowa as a foreign corporation with 20 the secretary of state and furnish a copy of the certificate 21 of authority to do business in the state of Iowa. If not a 22 corporation, the subdivider must comply with the provisions 23 of chapter 547 , by filing a proper trade name with the Polk 24 county recorder. The provisions of this subsection paragraph 25 shall also apply to any person, partnership, firm, company, 26 corporation, or association, other than the subdivider, which 27 is engaged by or through the subdivider for the purpose of 28 advertising or selling the land involved in the filing. 29 Sec. 42. Section 556.2, subsection 5, paragraph a, 30 unnumbered paragraph 1, as enacted by 2013 Iowa Acts, House 31 File 417, section 174, is amended to read as follows: 32 A banking organization or financial organization shall send 33 to the owner of each account, to which none of the actions 34 specified in subsection 2 1 , paragraphs “a” through “e” or 35 -14- LSB 2530SV (2) 85 tm/jp 14/ 34
S.F. 452 subsection 2, paragraphs “a” through “e” have occurred during 1 the preceding three calendar years, a notice by certified mail 2 stating in substance the following: 3 Sec. 43. Section 716.7, subsection 1, as amended by 2013 4 Iowa Acts, House File 556, section 234, if enacted, is amended 5 to read as follows: 6 1. For purposes of this section: 7 a. “Property” shall include any land, dwelling, building, 8 conveyance, vehicle, or other temporary or permanent structure 9 whether publicly or privately owned. 10 b. “Public utility” is a public utility as defined in 11 section 476.1 or an electric transmission line as provided in 12 chapter 478. 13 b. c. “Public utility property” means any land, dwelling, 14 building, conveyance, vehicle, or other temporary or permanent 15 structure owned, leased, or operated by a public utility and 16 that is completely enclosed by a physical barrier of any kind. 17 For the purposes of this section, a “public utility” is a public 18 utility as defined in section 476.1 or an electric transmission 19 line as provided in chapter 478. 20 c. d. “Railway corporation” means a corporation, company, 21 or person owning, leasing, or operating any railroad in whole 22 or in part within this state. 23 d. e. “Railway property” means all tangible real and 24 personal property owned, leased, or operated by a railway 25 corporation with the exception of any administrative building 26 or offices of the railway corporation. 27 Sec. 44. Section 724.2, subsection 1, paragraph i, if 28 enacted by 2013 Iowa Acts, House File 556, section 206, is 29 amended to read as follows: 30 i. A nonresident who possesses an offensive weapon which 31 is a curio or relic firearm under the federal Firearms Act, 32 18 U.S.C. ch. 44, solely for use in official functions in 33 this state of a historical reenactment organization of which 34 the person is a member, if the offensive weapon is legally 35 -15- LSB 2530SV (2) 85 tm/jp 15/ 34
S.F. 452 possessed by the person in the person’s state of residence 1 and the offensive weapon is at all times while in this state 2 rendered incapable of firing live ammunition. A nonresident 3 who possesses an offensive weapon under this subsection 4 paragraph while in this state shall not have in the person’s 5 possession live ammunition. The offensive weapon may, however, 6 be adapted for the firing of blank ammunition. 7 Sec. 45. REPEAL. 2013 Iowa Acts, House File 417, section 8 34, and 2013 Iowa Acts, House File 556, section 27, if enacted, 9 are repealed. 10 Sec. 46. REPEAL. 2013 Iowa Acts, House File 469, sections 11 83 and 84, are repealed. 12 Sec. 47. CONTINGENT REPEAL. If 2013 Iowa Acts, House File 13 575, section 12, is enacted, 2013 Iowa Acts, House File 417, 14 section 93, is repealed. 15 DIVISION IV 16 PUBLIC RETIREMENT SYSTEMS 17 Sec. 48. JUDICIAL RETIREMENT FUND. There is appropriated 18 from the general fund of the state to the judicial retirement 19 fund described in section 602.9104 for the following fiscal 20 years, the following amounts: 21 1. FY 2013-2014 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 23 2. FY 2014-2015 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 25 Sec. 49. FIRE AND POLICE RETIREMENT FUND. There is 26 appropriated from the general fund of the state to the fire 27 and police retirement fund created in section 411.8 for the 28 following fiscal years, the following amounts: 29 1. FY 2013-2014 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 31 2. FY 2014-2015 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 33 Sec. 50. Section 97A.11A, subsection 1, Code 2013, is 34 amended to read as follows: 35 -16- LSB 2530SV (2) 85 tm/jp 16/ 34
S.F. 452 1. Beginning with the fiscal year commencing July 1, 2013 1 2012 , and ending June 30 of the fiscal year during which the 2 board determines that the system’s funded ratio of assets 3 to liabilities is at least eighty-five percent, there is 4 appropriated from the general fund of the state for each fiscal 5 year to the retirement fund described in section 97A.8 , an 6 amount equal to five million dollars. 7 Sec. 51. EFFECTIVE UPON ENACTMENT. The section of this 8 division of this Act amending section 97A.11A, being deemed of 9 immediate importance, takes effect upon enactment. 10 DIVISION V 11 COUNTY PROJECTS 12 Sec. 52. Section 331.441, subsection 2, paragraph b, 13 subparagraph (5), unnumbered paragraph 1, Code 2013, is amended 14 to read as follows: 15 Public buildings, including the site or grounds of, and the 16 erection, equipment, remodeling, or reconstruction of, and 17 additions or extensions to the buildings, and including the 18 provision and maintenance of juvenile detention or shelter care 19 facilities, when the cost principal amount of the bonds does 20 not exceed the following limits: 21 Sec. 53. Section 331.441, subsection 2, paragraph c, 22 subparagraph (9), Code 2013, is amended to read as follows: 23 (9) Public buildings, including the site or grounds of, 24 the erection, equipment, remodeling, or reconstruction of, and 25 additions or extensions to the buildings, and including the 26 provision and maintenance of juvenile detention or shelter care 27 facilities, when the cost principal amount of the bonds exceeds 28 the limits stated in subsection 2 , paragraph “b” , subparagraph 29 (5) , subparagraph division (a) or (b), as applicable . 30 DIVISION VI 31 SUPPLEMENTARY WEIGHTING FOR LIMITED ENGLISH 32 PROFICIENT STUDENTS 33 Sec. 54. Section 257.31, subsection 5, paragraph j, Code 34 2013, is amended to read as follows: 35 -17- LSB 2530SV (2) 85 tm/jp 17/ 34
S.F. 452 j. Unusual need to continue providing a program or other 1 special assistance to non-English speaking pupils after the 2 expiration of the four-year seven-year period specified in 3 section 280.4 . 4 Sec. 55. Section 280.4, subsection 3, Code 2013, is amended 5 to read as follows: 6 3. a. In order to provide funds for the excess costs of 7 instruction of limited English proficient students specified 8 in paragraph “b” above the costs of instruction of pupils in 9 a regular curriculum, students identified as limited English 10 proficient shall be assigned an additional weighting of 11 twenty-two hundredths, and that weighting shall be included in 12 the weighted enrollment of the school district of residence for 13 a period not exceeding four seven years. However, the school 14 budget review committee may grant supplemental aid or modified 15 allowable growth to a school district to continue funding a 16 program for students after the expiration of the four-year 17 seven-year period. 18 b. For students first determined to be limited English 19 proficient for a budget year beginning on or after July 1, 20 2009, the additional weighting provided under paragraph “a” 21 shall be included in the weighted enrollment of the school 22 district of residence for a period not exceeding seven years. 23 Sec. 56. LIMITED ENGLISH PROFICIENT WEIGHTING 24 ADJUSTMENT. For the fiscal year beginning July 1, 2013, 25 and ending June 30, 2014, there shall be allocated to the 26 department of education from the amount appropriated pursuant 27 to section 257.16, subsection 1, based upon the increase from 28 four to seven years in the availability of supplementary 29 weighting for instruction of limited English proficient 30 students pursuant to section 280.4, an amount to be determined 31 by the department of management in consultation with the 32 legislative services agency. The funds shall be used to adjust 33 the weighted enrollment of a school district with students 34 identified as limited English proficient on a prorated basis. 35 -18- LSB 2530SV (2) 85 tm/jp 18/ 34
S.F. 452 Sec. 57. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 DIVISION VII 4 NEWBORN CRITICAL CONGENITAL HEART DISEASE SCREENING 5 Sec. 58. NEW SECTION . 136A.5A Newborn critical congenital 6 heart disease screening. 7 1. Each newborn born in this state shall receive a critical 8 congenital heart disease screening by pulse oximetry or other 9 means as determined by rule, in conjunction with the metabolic 10 screening required pursuant to section 136A.5. 11 2. An attending health care provider shall ensure that 12 every newborn under the provider’s care receives the critical 13 congenital heart disease screening. 14 3. This section does not apply if a parent objects to 15 the screening. If a parent objects to the screening of a 16 newborn, the attending health care provider shall document the 17 refusal in the newborn’s medical record and shall obtain a 18 written refusal from the parent and report the refusal to the 19 department. 20 4. Notwithstanding any provision to the contrary, the 21 results of each newborn’s critical congenital heart disease 22 screening shall only be reported in a manner consistent with 23 the reporting of the results of metabolic screenings pursuant 24 to section 136A.5 if funding is available for implementation 25 of the reporting requirement. 26 5. This section shall be administered in accordance with 27 rules adopted pursuant to section 136A.8. 28 Sec. 59. NEWBORN CRITICAL CONGENITAL HEART DISEASE 29 SCREENING. Notwithstanding any provision to the contrary 30 relating to the newborn screening policy pursuant to 641 IAC 31 4.3(1), critical congenital heart disease screening shall be 32 included in the state’s newborn screening panel as included 33 in the recommended uniform screening panel as approved by 34 the United States secretary of health and human services. 35 -19- LSB 2530SV (2) 85 tm/jp 19/ 34
S.F. 452 The center for congenital and inherited disorders advisory 1 committee shall make recommendations regarding implementation 2 of the screening and the center for congenital and inherited 3 disorders shall adopt rules as necessary to implement the 4 screening. However, reporting of the results of each newborn’s 5 critical congenital heart disease screening shall not be 6 required unless funding is available for implementation of the 7 reporting requirement. 8 DIVISION VIII 9 RIGHT TO CURE —— CLOSED CREDIT CARD ACCOUNTS 10 Sec. 60. Section 537.5110, subsection 4, paragraph c, Code 11 2013, is amended to read as follows: 12 c. Until the expiration of the minimum applicable period 13 after the notice is given, the consumer may cure the default by 14 tendering either the amount of all unpaid installments due at 15 the time of the tender, without acceleration, plus any unpaid 16 delinquency or deferral charges, or the amount stated in the 17 notice of right to cure, whichever is less, or by tendering any 18 performance necessary to cure any default other than nonpayment 19 of amounts due, which is described in the notice of right to 20 cure. The act of curing a default restores to the consumer 21 the consumer’s rights under the agreement as though no default 22 had occurred, except as provided in subsection 3 . However, 23 where the obligation in default is a credit card account that 24 has been closed, the act of curing a default does not restore 25 to the consumer the consumer’s rights under the agreement as 26 though no default had occurred. 27 Sec. 61. Section 537.5111, Code 2013, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 4A. If the consumer credit transaction is 30 a credit card account that has been closed, the notice shall 31 conform to the requirements of subsection 2, and a notice in 32 substantially the form specified in that subsection complies 33 with this subsection except that the statement relating to 34 continuation of the contract upon correction of the default as 35 -20- LSB 2530SV (2) 85 tm/jp 20/ 34
S.F. 452 though the consumer did not default shall not be contained in 1 the notice. 2 DIVISION IX 3 PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE 4 Sec. 62. PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE. 5 1. A public safety training and facilities task force is 6 established. The department of public safety shall provide 7 administrative support for the task force. 8 2. The task force shall consist of the following members: 9 a. One member appointed by the Iowa state sheriffs’ and 10 deputies’ association. 11 b. One member appointed by the Iowa police chiefs 12 association. 13 c. One member who is a fire fighter appointed by the Iowa 14 professional fire fighters association. 15 d. One member who is the administrator of the Iowa fire 16 service training bureau or the administrator’s designee. 17 e. One member who is a representative of the fire service 18 who is not a fire chief appointed by the Iowa firefighters 19 association. 20 f. The director of the Iowa law enforcement academy or the 21 director’s designee. 22 g. The commissioner of public safety or the training 23 coordinator of the department of public safety, as designated 24 by the commissioner. 25 h. The state fire marshal or the state fire marshal’s 26 designee. 27 i. One member appointed by the Iowa state police 28 association. 29 j. One member who is a fire chief appointed by the Iowa fire 30 chiefs association. 31 k. One member appointed by the Iowa emergency medical 32 services association. 33 l. One member appointed by the Iowa emergency management 34 association. 35 -21- LSB 2530SV (2) 85 tm/jp 21/ 34
S.F. 452 m. One member who is a fire chief appointed by the Iowa 1 association of professional fire chiefs. 2 n. One member who is a member of the office of motor vehicle 3 enforcement of the department of transportation appointed by 4 the director of the department of transportation. 5 o. Four members of the general assembly serving as 6 ex officio, nonvoting members, one representative to be 7 appointed by the speaker of the house of representatives, one 8 representative to be appointed by the minority leader of the 9 house of representatives, one senator to be appointed by the 10 majority leader of the senate, and one senator to be appointed 11 by the minority leader of the senate. 12 3. The voting members of the task force shall select one 13 chairperson and one vice chairperson. The vice chairperson 14 shall preside in the absence of the chairperson. Section 15 69.16A shall apply to the appointed members of the task force. 16 4. It is the intent of the general assembly in establishing 17 this task force that the task force develop a coordinated 18 plan amongst all public safety disciplines that would oversee 19 the construction of a consolidated fire and police public 20 safety training facility, provide for the establishment of a 21 governance board for the public safety disciplines and the 22 consolidated facility, and to establish a consistent and steady 23 funding mechanism to defray public safety training costs on an 24 ongoing basis. 25 5. The task force shall seek and consider input from all 26 interested stakeholders and members of the public and shall 27 include an emphasis on receiving input from fire service, law 28 enforcement, and emergency medical services personnel. The 29 task force shall consider and develop strategies relating to 30 public safety training facility governance with the goal of 31 all public safety disciplines being represented. Each public 32 safety discipline shall advise the task force by developing 33 individual training policies as determined by the discipline’s 34 governing bodies. The task force shall also develop a proposal 35 -22- LSB 2530SV (2) 85 tm/jp 22/ 34
S.F. 452 for a joint public safety training facility, a budget for 1 construction and future operation of the facility, financing 2 options, including possible public-private partnerships, for 3 construction and operation of the facility, and potential 4 locations for the facility that are centrally located in this 5 state. 6 6. a. The task force shall provide interim reports to the 7 general assembly by December 31 of each year concerning the 8 activities of the task force and shall submit its final report, 9 including its findings and recommendations, to the general 10 assembly by December 31, 2016. 11 b. The final report shall include but not be limited to 12 recommendations concerning the following: 13 (1) Consolidation of public safety governance within a 14 single board and the membership of the board. Board duties 15 would include overseeing the construction and maintenance of a 16 consolidated fire and police public safety training facility. 17 (2) Development of a consolidated fire and police public 18 safety training facility, including possible locations, 19 building recommendations, and financing options. 20 (3) Any other recommendations relating to public safety 21 training and facilities requirements. 22 Sec. 63. PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE —— 23 ADMINISTRATIVE SUPPORT. There is appropriated from the general 24 fund of the state to the department of public safety for the 25 fiscal year beginning July 1, 2012, and ending June 30, 2013, 26 the following amount, or so much thereof as is necessary, to be 27 used for the purposes designated: 28 For providing administrative support for the public safety 29 training and facilities task force as enacted in this Act: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 31 Notwithstanding section 8.33, moneys appropriated in this 32 section that remain unencumbered or unobligated at the close of 33 the fiscal year shall not revert but shall remain available for 34 expenditure for the purposes designated until the close of the 35 -23- LSB 2530SV (2) 85 tm/jp 23/ 34
S.F. 452 fiscal year that begins July 1, 2016. 1 Sec. 64. EFFECTIVE UPON ENACTMENT. This division of this 2 Act, being deemed of immediate importance, takes effect upon 3 enactment. 4 DIVISION X 5 CIGARETTE FIRE SAFETY STANDARD FUND 6 Sec. 65. Section 101B.5, subsection 5, Code 2013, is amended 7 to read as follows: 8 5. For each cigarette listed in a certification, a 9 manufacturer shall pay a fee of one hundred dollars to the 10 department. The department shall deposit all fees received 11 pursuant to this subsection with the treasurer of state for 12 credit to the general fund of the state. 13 Sec. 66. Section 101B.8, Code 2013, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 10. The department shall deposit any moneys 16 received from civil penalties assessed pursuant to this section 17 with the treasurer of state for credit to the general fund of 18 the state. 19 Sec. 67. Section 101B.9, Code 2013, is amended to read as 20 follows: 21 101B.9 Cigarette fire safety standard fund. 22 A cigarette fire safety standard fund is created as a 23 special fund in the state treasury under the control of the 24 department of public safety. The fund shall consist of all 25 moneys recovered from the assessment of civil penalties or 26 certification fees under this chapter . The moneys in the 27 fund shall, in In addition to any moneys made available for 28 such purpose, be available, subject to appropriation, moneys 29 in the fund are appropriated to the department of public 30 safety for the purpose of fire safety and prevention programs, 31 including for entry level fire fighter training, equipment, and 32 operations. 33 Sec. 68. REPEAL. Section 101B.9, Code 2013, is repealed. 34 Sec. 69. CIGARETTE FIRE SAFETY STANDARD FUND. 35 -24- LSB 2530SV (2) 85 tm/jp 24/ 34
S.F. 452 Notwithstanding section 8.33, or any other provision of law 1 to the contrary, the unencumbered or unobligated balance of 2 the cigarette fire safety standard fund at the close of the 3 fiscal year beginning July 1, 2012, shall not revert but shall 4 remain available for expenditure for purposes of the regional 5 emergency response training centers, on an equal basis, until 6 the close of the succeeding fiscal year. 7 Sec. 70. EFFECTIVE UPON ENACTMENT. Except for the section 8 of this division of this Act repealing section 101B.9 which 9 shall take effect July 1, 2013, this division of this Act, 10 being deemed of immediate importance, takes effect upon 11 enactment. 12 Sec. 71. RETROACTIVE APPLICABILITY. The following 13 provision or provisions of this division of this Act apply 14 retroactively to July 1, 2007: 15 1. The section amending section 101B.9. 16 EXPLANATION 17 This bill is organized by divisions. 18 STANDING APPROPRIATIONS AND RELATED MATTERS. For the budget 19 process applicable to FY 2014-2015, state agencies are required 20 to submit estimates and other expenditure information as called 21 for by the director of the department of management instead of 22 the information required under Code section 8.23. 23 The bill limits standings appropriations for FY 2013-2014 24 and FY 2014-2015 made for nonpublic school transportation 25 and the enforcement of Code chapter 453D relating to tobacco 26 product manufacturers. 27 The bill limits standing appropriations for FY 2014-2015 28 made for operational support grants and community cultural 29 grants, regional tourism marketing, and programs for at-risk 30 children. 31 The bill limits the standing appropriation for paying 32 instructional support state aid in Code section 257.20 to zero 33 for FY 2013-2014 and FY 2014-2015. 34 The bill increases the standing limited appropriation to the 35 -25- LSB 2530SV (2) 85 tm/jp 25/ 34
S.F. 452 special olympics fund in Code section 8.8 from $50,000 each 1 fiscal year to $100,000 each fiscal year. 2 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS. The bill 3 appropriates moneys to the credit union division of the 4 department of commerce for FY 2013-2014 for costs associated 5 with the individual development account program. 6 The bill appropriates moneys to the department of workforce 7 development for FY 2013-2014 and FY 2014-2015 to distribute to 8 an entity with a mission of educating workers and the public in 9 the various aspects of renewable energy, its usage, and related 10 occupational opportunities. 11 The bill appropriates moneys to the department of 12 transportation for FY 2012-2013 for distribution to the public 13 transit systems in the state for purchasing vehicle priorities. 14 The provision takes effect upon enactment. 15 The bill appropriates moneys to the department of 16 transportation for FY 2013-2014 for costs associated with the 17 operation of a contract air traffic control tower which holds 18 an air agency certificate. Moneys shall be distributed on 19 a local match basis to the largest city in a county with a 20 population of more than 92,000 and less than 95,000. 21 The bill provides that whenever the population of any city 22 is referred to in any law, it shall be determined by the 23 greater of the population of the city as of the last preceding 24 certified federal census or as of the April 1, 2010, population 25 estimates base as determined by the United States census 26 bureau, unless otherwise provided. 27 The bill prohibits a contractor who is not registered with 28 the labor commissioner as required under Code chapter 91C from 29 being awarded a contract to perform work for the state, an 30 agency of the state, or a political subdivision of the state. 31 Currently, such a contractor is only prohibited from being 32 awarded contracts to perform work for the state or an agency 33 of the state. 34 Currently, under Code section 99F.11, a portion of certain 35 -26- LSB 2530SV (2) 85 tm/jp 26/ 34
S.F. 452 wagering tax adjusted gross receipts are credited to the 1 general fund of the state for the purpose of funding endow 2 Iowa tax credits. If enacted, 2013 Iowa Acts, Senate File 300 3 would eliminate this distribution. The bill provides that 4 the same moneys would instead be appropriated to the economic 5 development authority for distribution equally to the three 6 state tourism regions to develop public-private partnerships to 7 market local attractions. The provision only takes effect if 8 2013 Iowa Acts, Senate File 300 is enacted. 9 Code section 144.26, relating to death certificates, is 10 amended to provide that upon activation of an electronic death 11 record system, each person with a duty related to a death 12 certificate is required to participate in the electronic death 13 record system. 14 The bill amends the Iowa grant program under Code section 15 261.93 to include priority in awarding grants to a qualified 16 student who meets certain qualifications and is a child of 17 police officer included under Code section 97B.49B, who was 18 killed in the line of duty as determined by the Iowa public 19 employees’ retirement system. 20 CORRECTIVE PROVISIONS. Code sections 2.12, 2.42, 2C.3, 21 2C.9, 2C.11, 23A.4, and 70A.28, as amended by 2013 Iowa Acts, 22 House File 185, sections 1, 2, 4, 10, 12, 20, 27, and 28, are 23 amended to consistently refer to the office of ombudsman rather 24 than to the office of the ombudsman. The office of citizens’ 25 aide is newly named the office of ombudsman in Code section 26 2C.2, as amended by 2013 Iowa Acts, House File 185, section 3. 27 Code section 2C.18, as amended by 2013 Iowa Acts, House 28 File 185, section 20, is amended to use the possessive form of 29 ombudsman in the phrase “ombudsman’s functions”. 30 Code section 8B.21(5)(e), if enacted by 2013 Iowa Acts, 31 Senate File 396, is amended to replace a singular verb with 32 its plural form to match the plural subject in this provision 33 relating to the receipt of information technology services by 34 the department of public defense. 35 -27- LSB 2530SV (2) 85 tm/jp 27/ 34
S.F. 452 Code section 29.1, as amended by 2013 Iowa Acts, House 1 File 307, section 9, is amended to correct a grammatical 2 construction in a provision relating to the adjutant general’s 3 legal authority concerning the state’s military forces. 4 Code section 35A.13(6A)(b)(1), if enacted by 2013 Iowa Acts, 5 House File 613, section 2, is amended to correct an internal 6 reference to a lettered paragraph to correspond to another 7 reference in the same lettered paragraph in this provision 8 relating to educational assistance for children of veterans. 9 Code section 126.11(3)(b), as amended by 2013 Iowa 10 Acts, House File 417, section 26, is amended to correct a 11 missing Code subsection reference in a provision relating to 12 prescription drug labeling. 13 Code section 249A.43(3), as enacted by 2013 Iowa Acts, 14 Senate File 357, section 7, is amended to correct an internal 15 Code section subunit reference in a provision relating 16 to medical assistance overpayment notices and first class 17 mailings. 18 Code section 252D.17(1)(m), as enacted by 2013 Iowa 19 Acts, House File 417, section 55, is amended to renumber 20 the paragraph as a subsection in a provision relating to 21 withholding of child support moneys from an obligor’s income. 22 The renumbering distinguishes this provision relating to 23 departmental duties from the paragraphs of subsection 1 which 24 relate to payor responsibilities. 25 Code section 263B.3, as amended by 2013 Iowa Acts, House File 26 417, section 63, is amended to correct a verb phrase relating 27 to the state archaeologist’s authority to enter into agreements 28 with the federal highway administrator. 29 Code section 321.463(12A)(a,c), as enacted by 2013 Iowa 30 Acts, House File 14, section 1, are amended to correctly refer 31 to a person operating a vehicle and to make a grammatical 32 correction by eliminating the redundant words “from operating” 33 in a provision relating to vehicles with retractable axles. 34 Code section 327F.39(6)(b), if enacted by 2013 Iowa Acts, 35 -28- LSB 2530SV (2) 85 tm/jp 28/ 34
S.F. 452 Senate File 340, section 4, is amended by referring to a 1 railroad company rather than to a railroad corporation for 2 consistency within this Code section relating to transportation 3 of railroad workers. 4 Code section 418.5(1), as amended by 2013 Iowa Acts, House 5 File 307, section 51, is amended to correctly refer to the 6 department of homeland security and emergency management in 7 this provision referring to the newly created department and 8 the flood mitigation board attached to the department. 9 Code section 426A.11(1), as amended by 2013 Iowa Acts, 10 House File 417, section 97, is amended to correctly refer to 11 World War I in a provision relating to property tax exemptions 12 applicable to veterans. 13 Code section 455B.275(3A)(a,b), if enacted by 2013 Iowa 14 Acts, House File 541, section 1, are amended to replace two 15 plural verbs with their singular forms to match the singular 16 subjects in this provision relating to dam reconstruction 17 standards. 18 Code section 490.863(3)(a), as enacted by 2013 Iowa Acts, 19 House File 469, section 43, is amended to correctly include the 20 word “section” before a numerical reference to a Code section 21 in a provision relating to business corporation shareholders’ 22 conflicts of interest. 23 Code section 490.1302(2)(d), as amended by 2013 Iowa Acts, 24 House File 469, section 53, is amended to delete an extraneous 25 comma in a provision relating to business corporation 26 shareholders’ appraisal rights. 27 Code section 522.6(2), if enacted by 2013 Iowa Acts, 28 Senate File 189, section 6, is amended to correct an internal 29 reference by substituting section 522.5 for the nonexistent 30 section 521H.5 in a provision relating to insurer risk 31 management frameworks. 32 Code section 533.405(4A)(b)(1,2), as enacted by 2013 33 Iowa Acts, Senate File 183, section 8, are amended to use 34 words rather than numerals when referring to $5 million in a 35 -29- LSB 2530SV (2) 85 tm/jp 29/ 34
S.F. 452 provision relating to state credit union assets. 1 Code sections 543C.2(1)(j) and 724.2(1)(i), as enacted by 2 2013 Iowa Acts, House File 556, sections 167 and 206, are 3 amended to correct internal self-references in former Code 4 subsections that have been redesignated as paragraphs in 5 provisions relating to the subdivision of lands by business 6 entities and possession of curio or relic firearms. 7 Code section 556.2(5)(a)(u1), as enacted by 2013 Iowa Acts, 8 House File 417, section 174, is amended to correct an internal 9 reference to another subsection in the same Code provision 10 relating to notices to financial institution account owners of 11 unclaimed property. 12 Code section 716.7(1), as amended by 2013 Iowa Acts, House 13 File 556, section 234, if enacted, is amended to place the 14 definition of “public utility” in alphabetical order to reflect 15 the remainder of the alphabetized definitions in this Code 16 section relating to the crime of trespass. 17 2013 Iowa Acts, House File 417, section 34, and 2013 18 Iowa Acts, House File 556, section 27, if enacted, the Code 19 corrections bills, which amend Code section 135C.6(8)(c)(u1), 20 are repealed to avoid a conflict with a substantive change 21 made by 2013 Iowa Acts, Senate File 351, section 1, that 22 accomplishes the same purpose of correctly referring to certain 23 federally approved programs for persons with an intellectual 24 disability. 25 2013 Iowa Acts, House File 469, sections 83 and 84, amend 26 Code section 490.140 to retain the current definition of 27 “public corporation”, conditioned on the future repeal of that 28 definition on December 31, 2014, by 2011 Iowa Acts, chapter 29 2, section 9, which relates to the staggered terms of certain 30 public corporation directors. However, 2013 Iowa Acts, House 31 File 358, section 1, repeals 2011 Iowa Acts, chapter 2, section 32 9, thereby striking the future repeal of the definition. 33 Therefore, the extraordinary retention of that definition by 34 2013 Iowa Acts, House File 469, sections 83 and 84, is no 35 -30- LSB 2530SV (2) 85 tm/jp 30/ 34
S.F. 452 longer necessary, and those sections are repealed. 1 Both 2013 Iowa Acts, House File 575, section 12, which 2 relates to sales and use tax technical amendments, and House 3 File 417, section 93, the nonsubstantive Code corrections 4 bill, amend Code section 423.3(18)(c), to correctly refer to 5 the council on quality and leadership in a provision relating 6 to a sales tax exemption applicable to certain accredited 7 rehabilitation facilities. But because the two bills do so by 8 striking different words in that paragraph, the amendment in 9 the nonsubstantive Code corrections bill is repealed to avoid a 10 codification conflict with the more technical tax bill. 11 PUBLIC RETIREMENT SYSTEMS. This division makes 12 appropriations for several of the state’s public retirement 13 systems. 14 Code section 97A.11, making standing limited appropriations 15 for the public safety peace officers’ retirement system, 16 is amended so that the standing appropriation begins in FY 17 2012-2013 instead of FY 2013-2014. This provision takes effect 18 upon enactment. 19 Appropriations are also made for FY 2013-2014 and FY 20 2014-2015 to the judicial retirement system and the statewide 21 fire and police retirement system established by Code chapter 22 411. 23 COUNTY PROJECTS. The bill modifies the definition of 24 “essential county purpose” in Code section 331.441, relating 25 to general obligation bonds, to specify that public building 26 projects meet the definition of “essential county purpose” 27 if the principal amount of the bonds does not exceed certain 28 threshold amounts based upon the population of the county. 29 Current law specifies that a public building project meets the 30 definition of an “essential county purpose” if the costs of the 31 project do not exceed certain threshold amounts based upon the 32 population of the county. The bill modifies the definition 33 of “general county purpose” to specify that public building 34 projects meet the definition of “general county purpose” if the 35 -31- LSB 2530SV (2) 85 tm/jp 31/ 34
S.F. 452 principal amount of the bonds exceeds certain threshold amounts 1 based upon the population of the county. Current law specifies 2 that a public building project meets the definition of “general 3 county purpose” if the costs of the project exceed certain 4 threshold amounts based upon the population of the county. 5 SUPPLEMENTARY WEIGHTING FOR LIMITED ENGLISH PROFICIENT 6 STUDENTS. Current Code section 280.4 provides funds for the 7 excess costs of instruction of limited English proficient 8 students above the costs of instruction of pupils in a regular 9 curriculum. This funding is provided for a period not to 10 exceed four years through assignment of an additional weighting 11 of 22 hundredths to each student identified as limited English 12 proficient. 13 The bill increases the number of years for which a school 14 district of residence may include the additional weighting 15 for a student determined to be limited English proficient. 16 Under the bill, for students first determined to be limited 17 English proficient for a budget year beginning on or after July 18 1, 2009, the additional weighting shall be included in the 19 weighted enrollment of the school district of residence for a 20 period not exceeding seven years. 21 The bill allocates a certain amount of the appropriation 22 under Code section 257.16 for the fiscal year beginning July 1, 23 2013, to be used to adjust weighted enrollments of districts 24 with limited English proficient students to account for the 25 increase in years under the bill. 26 The division takes effect upon enactment. 27 NEWBORN CRITICAL CONGENITAL HEART DISEASE SCREENING. The 28 bill relates to prenatal care including newborn screenings in 29 new Code section 136A.5A. The bill requires each newborn born 30 in the state to receive a critical congenital heart disease 31 screening by pulse oximetry or other means as determined by 32 rule, in conjunction with the metabolic screening already 33 required. The bill directs that an attending health care 34 provider shall ensure that every newborn under the provider’s 35 -32- LSB 2530SV (2) 85 tm/jp 32/ 34
S.F. 452 care receives the critical congenital heart disease screening, 1 and provides that that requirement does not apply if a parent 2 objects to the screening. If a parent objects, the health care 3 provider is required to document the refusal in the newborn’s 4 medical record, obtain a written refusal from the parent, and 5 report the refusal to the department of public health (DPH). 6 The results of each newborn’s screening are required only to 7 be reported in a manner consistent with the reporting of the 8 results of metabolic screenings if funding is available for 9 implementation of the reporting requirement. The provisions 10 are to be administered in accordance with rules adopted by the 11 center for congenital and inherited disorders, with assistance 12 provided by DPH. 13 The bill directs that the critical congenital heart disease 14 screening shall be included in the state’s newborn screening 15 panel. The bill requires the center for congenital and 16 inherited disorders advisory committee to make recommendations 17 regarding implementation of the screening and the center for 18 congenital and inherited disorders to adopt rules as necessary 19 to implement the screening. However, reporting of the results 20 of the screenings shall not be required unless funding is 21 available. 22 RIGHT TO CURE —— CLOSED CREDIT CARD ACCOUNTS. The bill 23 relates to right to cure provisions under the consumer credit 24 code in Code chapter 537 applicable to a credit card account 25 that has been closed. 26 The bill states that provisions applicable to restoring 27 a consumer’s rights under an agreement after a default is 28 cured as though no default had occurred do not apply to 29 situations where the account in question is a closed credit 30 card account. Similarly, the bill also states, with reference 31 to the notice of right to cure sample form contained in Code 32 section 537.5111, that a notice substantially complying with 33 the form suffices for closed credit card accounts, except that 34 a statement contained in the form relating to continuation 35 -33- LSB 2530SV (2) 85 tm/jp 33/ 34
S.F. 452 of the contract upon correction of the default as though the 1 consumer did not default shall not be contained in the notice. 2 PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE. The 3 bill establishes a public safety training and facilities 4 task force to develop a coordinated plan amongst all public 5 safety disciplines that would oversee the construction of a 6 consolidated fire and police public safety training facility, 7 provide for the establishment of a governance board for the 8 public safety disciplines and the consolidated facility, and to 9 establish a consistent and steady funding mechanism to defray 10 public safety training costs on an ongoing basis. 11 The bill appropriates moneys to the department of public 12 safety for FY 2012-2013 for providing administrative support 13 to the task force. 14 The division takes effect upon enactment. 15 CIGARETTE FIRE SAFETY STANDARD FUND. The bill relates to 16 moneys in the cigarette fire safety standard fund which is 17 a special fund in the state treasury under the control of 18 the department of safety. Currently, moneys in the fund are 19 subject to appropriation. The bill eliminates the contingent 20 appropriation language and appropriates all moneys in the fund 21 to the department of public safety. This provision applies 22 retroactively to July 1, 2007. 23 The bill eliminates the fund on July 1, 2013, allows any 24 unencumbered or unobligated balance when the fund is eliminated 25 to be retained by the department for purposes of the regional 26 emergency response training centers, on an equal basis. 27 The division takes effect upon enactment. 28 -34- LSB 2530SV (2) 85 tm/jp 34/ 34