House File 2700 - Reprinted



                                      HOUSE FILE       
                                      BY  COMMITTEE ON APPROPRIATIONS

                                      (SUCCESSOR TO HSB 797)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to state and local finances by providing for
  2    funding of property tax credits and reimbursements, by making,
  3    increasing and reducing appropriations, providing for salaries
  4    and compensation of state employees, providing for matters
  5    relating to tax credits, providing for fees and penalties, and
  6    providing for properly related matters, and including
  7    effective and retroactive applicability date provisions.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 TLSB 6618HV 82
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PAG LIN



  1  1                           DIVISION I
  1  2                    MH/MR/DD SERVICES ALLOWED
  1  3                 GROWTH FUNDING == FY 2009=2010
  1  4    Section 1.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
  1  5 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH APPROPRIATION AND
  1  6 ALLOCATIONS == FISCAL YEAR 2009=2010.
  1  7    1.  There is appropriated from the general fund of the
  1  8 state to the department of human services for the fiscal year
  1  9 beginning July 1, 2009, and ending June 30, 2010, the
  1 10 following amount, or so much thereof as is necessary, to be
  1 11 used for the purpose designated:
  1 12    For distribution to counties of the county mental health,
  1 13 mental retardation, and developmental disabilities allowed
  1 14 growth factor adjustment for fiscal year 2009=2010:
  1 15 .................................................. $ 69,949,069
  1 16    2.  The amount appropriated in this section shall be
  1 17 allocated as provided in a later enactment of the general
  1 18 assembly.
  1 19                           DIVISION II
  1 20                     STANDING APPROPRIATIONS
  1 21                       AND RELATED MATTERS
  1 22    Sec. 2.  BUDGET PROCESS FOR FISCAL YEAR 2009=2010.
  1 23    1.  For the budget process applicable to the fiscal year
  1 24 beginning July 1, 2009, on or before October 1, 2008, in lieu
  1 25 of the information specified in section 8.23, subsection 1,
  1 26 unnumbered paragraph 1, and paragraph "a", all departments and
  1 27 establishments of the government shall transmit to the
  1 28 director of the department of management, on blanks to be
  1 29 furnished by the director, estimates of their expenditure
  1 30 requirements, including every proposed expenditure, for the
  1 31 ensuing fiscal year, together with supporting data and
  1 32 explanations as called for by the director of the department
  1 33 of management after consultation with the legislative services
  1 34 agency.
  1 35    2.  The estimates of expenditure requirements shall be in a
  2  1 form specified by the director of the department of
  2  2 management, and the expenditure requirements shall include all
  2  3 proposed expenditures and shall be prioritized by program or
  2  4 the results to be achieved.  The estimates shall be
  2  5 accompanied by performance measures for evaluating the
  2  6 effectiveness of the programs or results.
  2  7    Sec. 3.  GENERAL ASSEMBLY.  The appropriations made
  2  8 pursuant to section 2.12 for the expenses of the general
  2  9 assembly and legislative agencies for the fiscal year
  2 10 beginning July 1, 2008, and ending June 30, 2009, are reduced
  2 11 by the following amount:
  2 12 .................................................. $  1,439,884
  2 13    Sec. 4.  LIMITATION OF STANDING APPROPRIATIONS.
  2 14 Notwithstanding the standing appropriations in the following
  2 15 designated sections for the fiscal year beginning July 1,
  2 16 2008, and ending June 30, 2009, the amounts appropriated from
  2 17 the general fund of the state pursuant to these sections for
  2 18 the following designated purposes shall not exceed the
  2 19 following amounts:
  2 20    1.  For instructional support state aid under section
  2 21 257.20:
  2 22 .................................................. $ 14,428,271
  2 23    If the total amount of instructional support state aid
  2 24 appropriated in accordance with this subsection is
  2 25 insufficient to pay the amount of instructional support state
  2 26 aid to a district as determined under section 257.20, the
  2 27 department of education shall prorate the amount of the
  2 28 instructional support state aid provided to each district.
  2 29    2.  For payment for nonpublic school transportation under
  2 30 section 285.2:
  2 31 .................................................. $  8,604,714
  2 32    If total approved claims for reimbursement for nonpublic
  2 33 school pupil transportation exceed the amount appropriated in
  2 34 accordance with this subsection, the department of education
  2 35 shall prorate the amount of each approved claim.
  3  1    3.  For the educational excellence program under section
  3  2 294A.25, subsection 1:
  3  3 .................................................. $ 55,469,053
  3  4    4.  For the state's share of the cost of the peace
  3  5 officers' retirement benefits under section 411.20:
  3  6 .................................................. $  2,745,784
  3  7    Sec. 5.  PROPERTY TAX CREDIT FUND == PAYMENTS IN LIEU OF
  3  8 GENERAL FUND REIMBURSEMENT.
  3  9    1.  a.  Notwithstanding section 8.57, prior to the
  3 10 appropriation and distribution to the senior living trust fund
  3 11 and the cash reserve fund of the surplus existing in the
  3 12 general fund of the state at the conclusion of the fiscal year
  3 13 beginning July 1, 2007, and ending June 30, 2008, pursuant to
  3 14 section 8.57, subsections 1 and 2, of that surplus,
  3 15 $99,849,544 is appropriated to the property tax credit fund
  3 16 which shall be created in the office of the treasurer of state
  3 17 to be used for the purposes of this section.
  3 18    b.  Notwithstanding any provision in section 8.57 to the
  3 19 contrary in determining the amount of the appropriation to the
  3 20 senior living trust fund pursuant to section 8.57, subsection
  3 21 2, paragraph "a", the following shall apply:
  3 22    (1)  The surplus for the fiscal year beginning July 1,
  3 23 2007, shall not include the amount appropriated to the
  3 24 property tax credit fund pursuant to paragraph "a" of this
  3 25 subsection.
  3 26    (2)  The remaining surplus after the operation of
  3 27 subparagraph (1) shall be appropriated to the cash reserve
  3 28 fund prior to any appropriation to the senior living trust
  3 29 fund.
  3 30    c.  There is appropriated from the general fund of the
  3 31 state to the property tax credit fund created in paragraph "a"
  3 32 for the fiscal year beginning July 1, 2008, and ending June
  3 33 30, 2009, the sum of $44,400,000.
  3 34    d.  There is transferred from the surplus existing in the
  3 35 salary adjustment fund at the conclusion of the fiscal year
  4  1 beginning July 1, 2007, and ending June 30, 2008, to the
  4  2 property tax credit fund created in paragraph "a", the sum of
  4  3 $13,937,263.
  4  4    e.  Notwithstanding section 8.33, the surplus existing in
  4  5 the property tax credit fund created pursuant to 2007 Iowa
  4  6 Acts, chapter 215, section 5, at the conclusion of the fiscal
  4  7 year beginning July 1, 2007, and ending June 30, 2008, is
  4  8 transferred to the property tax credit fund created in this
  4  9 section.
  4 10    2.  Notwithstanding the amount of the standing
  4 11 appropriation from the general fund of the state in the
  4 12 following designated sections and notwithstanding any
  4 13 conflicting provisions or voting requirements of section 8.56,
  4 14 there is appropriated from the property tax credit fund in
  4 15 lieu of the appropriations in the following designated
  4 16 sections for the fiscal year beginning July 1, 2008, and
  4 17 ending June 30, 2009, the following amounts for the following
  4 18 designated purposes:
  4 19    a.  For reimbursement for the homestead property tax credit
  4 20 under section 425.1:
  4 21 .................................................. $ 99,254,781
  4 22    b.  For reimbursement for the agricultural land and family
  4 23 farm tax credits under sections 425A.1 and 426.1:
  4 24 .................................................. $ 34,610,183
  4 25    c.  For reimbursement for the military service tax credit
  4 26 under section 426A.1A:
  4 27 .................................................. $  2,800,000
  4 28    d.  For implementing the elderly and disabled tax credit
  4 29 and reimbursement pursuant to sections 425.16 through 425.40:
  4 30 .................................................. $ 23,204,000
  4 31    If the director of revenue determines that the amount of
  4 32 claims for credit for property taxes due pursuant to
  4 33 paragraphs "a", "b", "c", and "d" plus the amount of claims
  4 34 for reimbursement for rent constituting property taxes paid
  4 35 which are to be paid during the fiscal year may exceed the
  5  1 total amount appropriated, the director shall estimate the
  5  2 percentage of the credits and reimbursements which will be
  5  3 funded by the appropriation.  The county treasurer shall
  5  4 notify the director of the amount of property tax credits
  5  5 claimed by June 8, 2008.  The director shall estimate the
  5  6 percentage of the property tax credits and rent reimbursement
  5  7 claims that will be funded by the appropriation and notify the
  5  8 county treasurer of the percentage estimate by June 15, 2008.
  5  9 The estimated percentage shall be used in computing for each
  5 10 claim the amount of property tax credit and reimbursement for
  5 11 rent constituting property taxes paid for that fiscal year.
  5 12 If the director overestimates the percentage of funding,
  5 13 claims for reimbursement for rent constituting property taxes
  5 14 paid shall be paid until they can no longer be paid at the
  5 15 estimated percentage of funding.  Rent reimbursement claims
  5 16 filed after that point in time shall receive priority and
  5 17 shall be paid in the following fiscal year.
  5 18    3.  Notwithstanding any other provision, if the
  5 19 Eighty=second General Assembly, 2008 Session, enacts
  5 20 legislation that also provides for the appropriation of the
  5 21 surplus or any part of the surplus existing in the general
  5 22 fund of the state at the conclusion of the fiscal year
  5 23 beginning July 1, 2007, and ending June 30, 2008, the moneys
  5 24 appropriated from such surplus pursuant to subsection 1 shall
  5 25 have priority over all other such appropriations.
  5 26    4.  Notwithstanding the amount of the standing
  5 27 appropriations from the general fund of the state from the
  5 28 designated sections listed in subsection 2, unless otherwise
  5 29 provided by law, for the fiscal year beginning July 1, 2009,
  5 30 and ending June 30, 2010, the amounts of such standing
  5 31 appropriations shall be the same as provided in subsection 2.
  5 32    Sec. 6.  CASH RESERVE APPROPRIATION FOR FY 2008=2009.  For
  5 33 the fiscal year beginning July 1, 2008, and ending June 30,
  5 34 2009, the appropriation to the cash reserve fund provided in
  5 35 section 8.57, subsection 1, paragraph "a", shall not be made.
  6  1    Sec. 7.  APRIL 4, 2008, REVENUE ESTIMATE.  For use by the
  6  2 general assembly in the budget process and the governor's
  6  3 approval or disapproval of the appropriations bills for the
  6  4 fiscal year beginning July 1, 2008, and for purposes of
  6  5 calculating the state general fund expenditure limitation
  6  6 pursuant to section 8.54 for the fiscal year beginning July 1,
  6  7 2008, the revenue estimate for the fiscal year beginning July
  6  8 1, 2008, that shall be used in the budget process and such
  6  9 calculation shall be the revenue estimate determined by the
  6 10 revenue estimating conference on April 4, 2008,
  6 11 notwithstanding the provision in section 8.22A, subsection 3,
  6 12 that disallows the use of a revenue estimate agreed to at a
  6 13 later meeting that projects a greater amount than the initial
  6 14 estimated amount agreed to in December 2007.  This section
  6 15 also authorizes the use of the estimated revenue figures for
  6 16 the purposes or sources designated in section 8.22A,
  6 17 subsection 5.
  6 18    Sec. 8.  Section 257.35, Code Supplement 2007, is amended
  6 19 by adding the following new subsection:
  6 20    NEW SUBSECTION.  4A.  Notwithstanding subsection 1, and in
  6 21 addition to the reduction applicable pursuant to subsection 2,
  6 22 the state aid for area education agencies and the portion of
  6 23 the combined district cost calculated for these agencies for
  6 24 the fiscal year beginning July 1, 2008, shall be reduced by
  6 25 the department of management by two million five hundred
  6 26 thousand dollars.  The reduction for each area education
  6 27 agency shall be prorated based on the reduction that the
  6 28 agency received in the fiscal year beginning July 1, 2003.
  6 29    Sec. 9.  AREA EDUCATION AGENCY PAYMENTS.  It is the intent
  6 30 of the general assembly that for the fiscal year beginning
  6 31 July 1, 2009, and subsequent fiscal years there shall be no
  6 32 additional reduction in state aid to area education agencies
  6 33 and the combined district cost calculated for those agencies
  6 34 over the reduction applicable pursuant to section 257.35,
  6 35 subsection 2.
  7  1    Sec. 10.  EFFECTIVE AND APPLICABILITY DATES.
  7  2    1.  The section of this division of this Act creating the
  7  3 property tax credit fund, being deemed of immediate
  7  4 importance, takes effect upon enactment.
  7  5    2.  The section of this division of this Act relating to
  7  6 the use of the April 4, 2008, revenue estimate, being deemed
  7  7 of immediate importance, takes effect upon enactment and
  7  8 applies retroactively to January 14, 2008.
  7  9                          DIVISION III
  7 10           SALARIES, COMPENSATION, AND RELATED MATTERS
  7 11    Sec. 11.  STATE COURT == JUSTICES, JUDGES, AND MAGISTRATES.
  7 12    1.  The salary rates specified in subsection 2 are for the
  7 13 fiscal year beginning July 1, 2008, effective for the pay
  7 14 period beginning June 27, 2008, and for subsequent fiscal
  7 15 years until otherwise provided by the general assembly.  The
  7 16 salaries provided for in this section shall be paid from funds
  7 17 allocated to the judicial branch from the salary adjustment
  7 18 fund or if the allocation is not sufficient, from funds
  7 19 appropriated to the judicial branch pursuant to any Act of the
  7 20 general assembly.
  7 21    2.  The following annual salary rates shall be paid to the
  7 22 persons holding the judicial positions indicated during the
  7 23 fiscal year beginning July 1, 2008, effective with the pay
  7 24 period beginning June 27, 2008, and for subsequent pay
  7 25 periods.
  7 26    a.  Chief justice of the supreme court:
  7 27 .................................................. $    170,850
  7 28    b.  Each justice of the supreme court:
  7 29 .................................................. $    163,200
  7 30    c.  Chief judge of the court of appeals:
  7 31 .................................................. $    153,000
  7 32    d.  Each associate judge of the court of appeals:
  7 33 .................................................. $    147,900
  7 34    e.  Each chief judge of a judicial district:
  7 35 .................................................. $    142,800
  8  1    f.  Each district judge except the chief judge of a
  8  2 judicial district:
  8  3 .................................................. $    137,700
  8  4    g.  Each district associate judge:
  8  5 .................................................. $    122,400
  8  6    h.  Each associate juvenile judge:
  8  7 .................................................. $    122,400
  8  8    i.  Each associate probate judge:
  8  9 .................................................. $    122,400
  8 10    j.  Each judicial magistrate:
  8 11 .................................................. $     37,740
  8 12    k.  Each senior judge:
  8 13 .................................................. $      8,160
  8 14    3.  Persons receiving the salary rates established under
  8 15 this section shall not receive any additional salary
  8 16 adjustments provided by this division of this Act.
  8 17    Sec. 12.  ELECTIVE EXECUTIVE OFFICIALS.
  8 18    1.  The annual salary rates specified in this section are
  8 19 effective for the fiscal year beginning July 1, 2008, with the
  8 20 pay period beginning June 27, 2008, and for subsequent fiscal
  8 21 years until otherwise provided by the general assembly.
  8 22    The salaries provided for in this section shall be paid
  8 23 from funds allocated to the office, department, or agency of
  8 24 the elected official specified in subsections 2, 3, and 4 from
  8 25 the salary adjustment fund, if the allocation is not
  8 26 sufficient, from funds appropriated to the office, department,
  8 27 or agency.
  8 28    2.  The annual salary rates paid to the person holding the
  8 29 following elected offices shall be equal to 82.65 percent of
  8 30 the maximum of range 7 of the salary ranges specified in this
  8 31 division of this Act for appointed state officers, rounded to
  8 32 the nearest $10:  secretary of agriculture, auditor of state,
  8 33 secretary of state, treasurer of state, and lieutenant
  8 34 governor.
  8 35    3.  The annual salary rate paid to the attorney general
  9  1 shall be equal to 89 percent of the maximum of range 7 of the
  9  2 salary ranges specified in this division of this Act for
  9  3 appointed state officers, rounded to the nearest $10.
  9  4    4.  The annual salary rate paid to the governor shall be
  9  5 equal to 92.4 percent of the maximum of range 7 of the salary
  9  6 ranges specified in this division of this Act for appointed
  9  7 state officers, rounded to the nearest $10.
  9  8    Sec. 13.  APPOINTED STATE OFFICERS.  The governor shall
  9  9 establish a salary for appointed nonelected persons in the
  9 10 executive branch of state government holding a position
  9 11 enumerated in the section of this division of this Act that
  9 12 addresses the salary ranges of state officers within the range
  9 13 provided, by considering, among other items, the experience of
  9 14 the individual in the position, changes in the duties of the
  9 15 position, the incumbent's performance of assigned duties, and
  9 16 subordinates' salaries.  However, the attorney general shall
  9 17 establish the salary for the consumer advocate, the chief
  9 18 justice of the supreme court shall establish the salary for
  9 19 the state court administrator, the ethics and campaign
  9 20 disclosure board shall establish the salary of the executive
  9 21 director, the state fair board shall establish the salary of
  9 22 the secretary of the Iowa state fair board, and the Iowa
  9 23 public broadcasting board shall establish the salary of the
  9 24 administrator of the public broadcasting division of the
  9 25 department of education, each within the salary range provided
  9 26 in the section of this division of this Act that addresses the
  9 27 salary ranges of state officers.
  9 28    The governor, in establishing salaries as provided in the
  9 29 section of this division of this Act that addresses the salary
  9 30 ranges of state officers, shall take into consideration other
  9 31 employee benefits which may be provided for an individual
  9 32 including but not limited to housing.
  9 33    A person whose salary is established pursuant to the
  9 34 section of this division of this Act that addresses the salary
  9 35 ranges of state officers and who is a full=time, year=round
 10  1 employee of the state shall not receive any other remuneration
 10  2 from the state or from any other source for the performance of
 10  3 that person's duties unless the additional remuneration is
 10  4 first approved by the governor or authorized by law.  However,
 10  5 this provision does not exclude the reimbursement for
 10  6 necessary travel and expenses incurred in the performance of
 10  7 duties or fringe benefits normally provided to employees of
 10  8 the state.
 10  9    Sec. 14.  STATE OFFICERS == SALARY RANGE.  The following
 10 10 annual salary ranges are effective for the positions specified
 10 11 in this section for the fiscal year beginning July 1, 2008,
 10 12 and for subsequent fiscal years until otherwise provided by
 10 13 the general assembly.  The governor or other person designated
 10 14 in the section of this division of this Act relating to
 10 15 appointed state officers shall determine the salary to be paid
 10 16 to the person indicated at a rate within this salary range
 10 17 from funds appropriated by the general assembly for that
 10 18 purpose.
 10 19    1.  The following are salary ranges for appointed state
 10 20 officers for the fiscal year beginning July 1, 2008, effective
 10 21 with the pay period beginning June 27, 2008:
 10 22    SALARY RANGE                            Minimum    Maximum
 10 23    a.  Range 2 ........................... $ 48,160   $ 73,700
 10 24    b.  Range 3 ........................... $ 55,380   $ 84,750
 10 25    c.  Range 4 ........................... $ 63,690   $ 97,460
 10 26    d.  Range 5 ........................... $ 73,250   $112,070
 10 27    e.  Range 6 ........................... $ 84,240   $128,890
 10 28    f.  Range 7 ........................... $100,840   $154,300
 10 29    2.  The following are range 2 positions:  administrator of
 10 30 the arts division of the department of cultural affairs,
 10 31 administrators of the division of persons with disabilities,
 10 32 the division on the status of women, the division on the
 10 33 status of Iowans of Asian and Pacific Islander heritage, the
 10 34 division on the status of African=Americans, the division of
 10 35 deaf services, and the division of Latino affairs of the
 11  1 department of human rights.
 11  2    3.  The following are range 3 positions:  administrator of
 11  3 the division of criminal and juvenile justice planning of the
 11  4 department of human rights, administrator of the division of
 11  5 community action agencies of the department of human rights,
 11  6 executive director of the department of veterans affairs, and
 11  7 chairperson and members of the employment appeal board of the
 11  8 department of inspections and appeals.
 11  9    4.  The following are range 4 positions:  director of the
 11 10 department of human rights, director of the Iowa state civil
 11 11 rights commission, executive director of the college student
 11 12 aid commission, director of the department for the blind,
 11 13 executive director of the ethics and campaign disclosure
 11 14 board, members of the public employment relations board, and
 11 15 chairperson, vice chairperson, and members of the board of
 11 16 parole.
 11 17    5.  The following are range 5 positions:  administrator of
 11 18 the division of homeland security and emergency management of
 11 19 the department of public defense, state public defender, drug
 11 20 policy coordinator, labor commissioner, workers' compensation
 11 21 commissioner, director of the department of cultural affairs,
 11 22 director of the department of elder affairs, director of the
 11 23 law enforcement academy, and administrator of the historical
 11 24 division of the department of cultural affairs.
 11 25    6.  The following are range 6 positions:  director of the
 11 26 office of energy independence, superintendent of banking,
 11 27 superintendent of credit unions, administrator of the
 11 28 alcoholic beverages division of the department of commerce,
 11 29 director of the department of inspections and appeals,
 11 30 commandant of the Iowa veterans home, commissioner of public
 11 31 safety, commissioner of insurance, executive director of the
 11 32 Iowa finance authority, director of the department of natural
 11 33 resources, consumer advocate, and chairperson of the utilities
 11 34 board.  The other members of the utilities board shall receive
 11 35 an annual salary within a range of not less than 90 percent
 12  1 but not more than 95 percent of the annual salary of the
 12  2 chairperson of the utilities board.
 12  3    7.  The following are range 7 positions:  administrator of
 12  4 the public broadcasting division of the department of
 12  5 education, director of the department of corrections, director
 12  6 of the department of education, director of human services,
 12  7 director of the department of economic development, executive
 12  8 director of the Iowa telecommunications and technology
 12  9 commission, executive director of the state board of regents,
 12 10 director of transportation, director of the department of
 12 11 workforce development, director of revenue, director of public
 12 12 health, state court administrator, secretary of the Iowa state
 12 13 fair board, director of the department of management, and
 12 14 director of the department of administrative services.
 12 15    Sec. 15.  COLLECTIVE BARGAINING AGREEMENTS FUNDED ==
 12 16 GENERAL FUND.  There is appropriated from the general fund of
 12 17 the state to the salary adjustment fund for distribution by
 12 18 the department of management to the various state departments,
 12 19 boards, commissions, councils, and agencies, including the
 12 20 state board of regents and the judicial branch, for the fiscal
 12 21 year beginning July 1, 2008, and ending June 30, 2009, the
 12 22 amount of $88,100,000, or so much thereof as may be necessary,
 12 23 to fully fund annual pay adjustments, expense reimbursements,
 12 24 and related benefits implemented pursuant to the following:
 12 25    1.  The collective bargaining agreement negotiated pursuant
 12 26 to chapter 20 for employees in the blue collar bargaining
 12 27 unit.
 12 28    2.  The collective bargaining agreement negotiated pursuant
 12 29 to chapter 20 for employees in the public safety bargaining
 12 30 unit.
 12 31    3.  The collective bargaining agreement negotiated pursuant
 12 32 to chapter 20 for employees in the security bargaining unit.
 12 33    4.  The collective bargaining agreement negotiated pursuant
 12 34 to chapter 20 for employees in the technical bargaining unit.
 12 35    5.  The collective bargaining agreement negotiated pursuant
 13  1 to chapter 20 for employees in the professional fiscal and
 13  2 staff bargaining unit.
 13  3    6.  The collective bargaining agreement negotiated pursuant
 13  4 to chapter 20 for employees in the clerical bargaining unit.
 13  5    7.  The collective bargaining agreement negotiated pursuant
 13  6 to chapter 20 for employees in the professional social
 13  7 services bargaining unit.
 13  8    8.  The collective bargaining agreement negotiated pursuant
 13  9 to chapter 20 for employees in the community=based corrections
 13 10 bargaining unit.
 13 11    9.  The collective bargaining agreements negotiated
 13 12 pursuant to chapter 20 for employees in the judicial branch of
 13 13 government bargaining units.
 13 14    10.  The collective bargaining agreement negotiated
 13 15 pursuant to chapter 20 for employees in the patient care
 13 16 bargaining unit.
 13 17    11.  The collective bargaining agreement negotiated
 13 18 pursuant to chapter 20 for employees in the science bargaining
 13 19 unit.
 13 20    12.  The collective bargaining agreement negotiated
 13 21 pursuant to chapter 20 for employees in the university of
 13 22 northern Iowa faculty bargaining unit.
 13 23    13.  The collective bargaining agreement negotiated
 13 24 pursuant to chapter 20 for employees in the state university
 13 25 of Iowa graduate student bargaining unit.
 13 26    14.  The collective bargaining agreement negotiated
 13 27 pursuant to chapter 20 for employees in the state university
 13 28 of Iowa hospital and clinics tertiary health care bargaining
 13 29 unit.
 13 30    15.  The annual pay adjustments, related benefits, and
 13 31 expense reimbursements referred to in the sections of this
 13 32 division of this Act addressing noncontract state and board of
 13 33 regents employees who are not covered by a collective
 13 34 bargaining agreement.
 13 35    Of the amount appropriated in this section, $7,647,352
 14  1 shall be allocated to the judicial branch for the purposes of
 14  2 funding annual pay adjustments, expense reimbursements, and
 14  3 related benefits implemented for judicial branch employees.
 14  4    Sec. 16.  NONCONTRACT STATE EMPLOYEES == GENERAL.
 14  5    1.  a.  For the fiscal year beginning July 1, 2008, the
 14  6 maximum and minimum salary levels of all pay plans provided
 14  7 for in section 8A.413, subsection 2, as they exist for the
 14  8 fiscal year ending June 30, 2008, shall be increased by 3
 14  9 percent for the pay period beginning June 27, 2008, and any
 14 10 additional changes in the pay plans shall be approved by the
 14 11 governor.
 14 12    b.  For the fiscal year beginning July 1, 2008, employees
 14 13 may receive a step increase or the equivalent of a step
 14 14 increase.
 14 15    c.  Notwithstanding the increase in paragraph "a",
 14 16 noncontract judicial branch employees shall receive increases
 14 17 similar to those employees covered by collective bargaining
 14 18 agreements negotiated by the judicial branch.
 14 19    2.  The pay plans for state employees who are exempt from
 14 20 chapter 8A, subchapter IV, and who are included in the
 14 21 department of administrative service's centralized payroll
 14 22 system shall be increased in the same manner as provided in
 14 23 subsection 1, and any additional changes in any executive
 14 24 branch pay plans shall be approved by the governor.
 14 25    3.  This section does not apply to members of the general
 14 26 assembly, board members, commission members, salaries of
 14 27 persons set by the general assembly pursuant to this division
 14 28 of this Act or set by the governor, or other persons
 14 29 designated in the section of this division of this Act
 14 30 addressing appointed state officers, employees designated
 14 31 under section 8A.412, subsection 5, and employees covered by
 14 32 11 IAC 53.6(3).
 14 33    4.  The pay plans for the bargaining eligible employees of
 14 34 the state shall be increased in the same manner as provided in
 14 35 subsection 1, and any additional changes in such executive
 15  1 branch pay plans shall be approved by the governor.  As used
 15  2 in this section, "bargaining eligible employee" means an
 15  3 employee who is eligible to organize under chapter 20, but has
 15  4 not done so.
 15  5    5.  The policies for implementation of this section shall
 15  6 be approved by the governor.
 15  7    Sec. 17.  STATE EMPLOYEES == STATE BOARD OF REGENTS.  Funds
 15  8 from the appropriation made from the general fund of the state
 15  9 in the section of this division of this Act providing for
 15 10 funding of collective bargaining agreements shall be allocated
 15 11 to the state board of regents for the purposes of providing
 15 12 increases for state board of regents employees covered by such
 15 13 section of this division of this Act and for state board of
 15 14 regents employees not covered by a collective bargaining
 15 15 agreement as follows:
 15 16    1.  For regents merit system employees and merit
 15 17 supervisory employees to fund for the fiscal year increases
 15 18 comparable to those provided for similar contract=covered
 15 19 employees in this division of this Act.
 15 20    2.  For faculty members and professional and scientific
 15 21 employees to fund for the fiscal year percentage increases
 15 22 comparable to those provided for contract=covered employees in
 15 23 the university of northern Iowa faculty bargaining unit.
 15 24    Sec. 18.  APPROPRIATIONS FROM ROAD FUNDS.
 15 25    1.  There is appropriated from the road use tax fund to the
 15 26 salary adjustment fund for the fiscal year beginning July 1,
 15 27 2008, and ending June 30, 2009, the following amount, or so
 15 28 much thereof as may be necessary, to be used for the purpose
 15 29 designated:
 15 30    To supplement other funds appropriated by the general
 15 31 assembly:
 15 32 .................................................. $  1,485,911
 15 33    2.  There is appropriated from the primary road fund to the
 15 34 salary adjustment fund, for the fiscal year beginning July 1,
 15 35 2008, and ending June 30, 2009, the following amount, or so
 16  1 much thereof as may be necessary, to be used for the purpose
 16  2 designated:
 16  3    To supplement other funds appropriated by the general
 16  4 assembly:
 16  5 .................................................. $  8,335,688
 16  6    3.  Except as otherwise provided in this division of this
 16  7 Act, the amounts appropriated in subsections 1 and 2 shall be
 16  8 used to fund the annual pay adjustments, expense
 16  9 reimbursements, and related benefits for public employees as
 16 10 provided in this division of this Act.
 16 11    Sec. 19.  SPECIAL FUNDS == AUTHORIZATION.  To departmental
 16 12 revolving, trust, or special funds, except for the primary
 16 13 road fund or the road use tax fund, for which the general
 16 14 assembly has established an operating budget, a supplemental
 16 15 expenditure authorization is provided, unless otherwise
 16 16 provided, in an amount necessary to fund salary adjustments as
 16 17 otherwise provided in this division of this Act.
 16 18    Sec. 20.  GENERAL FUND SALARY MONEYS.  Funds appropriated
 16 19 from the general fund of the state for distribution from the
 16 20 salary adjustment fund in the section of this division of this
 16 21 Act providing for funding of collective bargaining agreements
 16 22 relate only to salaries supported from general fund
 16 23 appropriations of the state.  Funds appropriated from the
 16 24 general fund of the state for employees of the state board of
 16 25 regents relate only to salaries supported by tuition or from
 16 26 general fund appropriations of the state and shall exclude
 16 27 general university indirect costs and general university
 16 28 federal funds.
 16 29    Sec. 21.  FEDERAL FUNDS APPROPRIATED.  All federal grants
 16 30 to and the federal receipts of the agencies affected by this
 16 31 division of Act which are received and may be expended for
 16 32 purposes of this division of this Act are appropriated for
 16 33 those purposes and as set forth in the federal grants or
 16 34 receipts.
 16 35    Sec. 22.  STATE TROOPER MEAL ALLOWANCE.  The sworn peace
 17  1 officers in the department of public safety who are not
 17  2 covered by a collective bargaining agreement negotiated
 17  3 pursuant to chapter 20 shall receive the same per diem meal
 17  4 allowance as the sworn peace officers in the department of
 17  5 public safety who are covered by a collective bargaining
 17  6 agreement negotiated pursuant to chapter 20.
 17  7    Sec. 23.  SALARY MODEL ADMINISTRATOR.  The salary model
 17  8 administrator shall work in conjunction with the legislative
 17  9 services agency to maintain the state's salary model used for
 17 10 analyzing, comparing, and projecting state employee salary and
 17 11 benefit information, including information relating to
 17 12 employees of the state board of regents.  The department of
 17 13 revenue, the department of administrative services, the five
 17 14 institutions under the jurisdiction of the state board of
 17 15 regents, the judicial district departments of correctional
 17 16 services, and the state department of transportation shall
 17 17 provide salary data to the department of management and the
 17 18 legislative services agency to operate the state's salary
 17 19 model.  The format and frequency of provision of the salary
 17 20 data shall be determined by the department of management and
 17 21 the legislative services agency.  The information shall be
 17 22 used in collective bargaining processes under chapter 20 and
 17 23 in calculating the funding needs contained within the annual
 17 24 salary adjustment legislation.  A state employee organization
 17 25 as defined in section 20.3, subsection 4, may request
 17 26 information produced by the model, but the information
 17 27 provided shall not contain information attributable to
 17 28 individual employees.
 17 29                           DIVISION IV
 17 30        MISCELLANEOUS STATUTORY CHANGES == APPROPRIATIONS
 17 31    Sec. 24.  NEW SECTION.  15.368  WORLD FOOD PRIZE AWARD AND
 17 32 SUPPORT.
 17 33    1.  Commencing with the fiscal year beginning July 1, 2009,
 17 34 there is annually appropriated from the general fund of the
 17 35 state to the department one million dollars for the support of
 18  1 the world food prize award.
 18  2    2.  The Iowa state capitol is designated as the primary
 18  3 location for the annual ceremony to award the world food
 18  4 prize.
 18  5    Sec. 25.  Section 15F.204, subsection 5, unnumbered
 18  6 paragraph 1, Code 2007, is amended to read as follows:
 18  7    At the beginning of each fiscal year, the board shall
 18  8 allocate one hundred thousand dollars for purposes of
 18  9 marketing those projects that are receiving moneys from the
 18 10 fund.  After the marketing allocation, the board shall
 18 11 allocate all remaining moneys in the fund in the following
 18 12 manner:
 18 13    Sec. 26.  Section 16.92, subsection 5, paragraph c, Code
 18 14 Supplement 2007, is amended to read as follows:
 18 15    c.  In addition to any other remedy provided by law, if the
 18 16 division through an act of negligence wrongfully or
 18 17 erroneously records a certificate of release under this
 18 18 section, the division is liable to the mortgagee and mortgage
 18 19 servicer for actual damages sustained due to the recording of
 18 20 the certificate of release.
 18 21    Sec. 27.  Section 21.5, subsection 1, Code Supplement 2007,
 18 22 is amended by adding the following new paragraph:
 18 23    NEW PARAGRAPH.  l.  To discuss patient care quality and
 18 24 process improvement initiatives in a meeting of a public
 18 25 hospital or to discuss marketing and pricing strategies or
 18 26 similar proprietary information in a meeting of a public
 18 27 hospital, where public disclosure of such information would
 18 28 harm such a hospital's competitive position when no public
 18 29 purpose would be served by public disclosure.  The minutes and
 18 30 the audio recording of a closed session under this paragraph
 18 31 shall be available for public inspection when the public
 18 32 disclosure would no longer harm the hospital's competitive
 18 33 position.  For purposes of this paragraph, "public hospital"
 18 34 means the same as defined in section 249J.3.  This paragraph
 18 35 does not apply to the information required to be disclosed
 19  1 pursuant to section 347.13, subsection 14, or to any
 19  2 discussions relating to terms or conditions of employment,
 19  3 including but not limited to compensation of an officer or
 19  4 employee or group of officers or employees.
 19  5    Sec. 28.  Section 22.7, Code Supplement 2007, is amended by
 19  6 adding the following new subsection:
 19  7    NEW SUBSECTION.  60.  CLOSED SESSION RECORDS.  Information
 19  8 in a record that would permit a governmental body subject to
 19  9 chapter 21 to hold a closed session pursuant to section 21.5
 19 10 in order to avoid public disclosure of that information, until
 19 11 such time as final action is taken on the subject matter of
 19 12 that information.  Any portion of such a record not subject to
 19 13 this subsection shall be made available to the public.  After
 19 14 the governmental body has taken final action on the subject
 19 15 matter pertaining to the information in that record, this
 19 16 subsection shall no longer apply.  This subsection shall not
 19 17 apply more than ninety days after a record is known to exist
 19 18 by the governmental body, unless it is not possible for the
 19 19 governmental body to take final action within ninety days.
 19 20 The burden shall be on the governmental body to prove that
 19 21 final action was not possible within the ninety=day period.
 19 22    Sec. 29.  Section 35A.8, subsection 5, paragraph a, Code
 19 23 Supplement 2007, is amended to read as follows:
 19 24    a.  The executive director shall provide for the
 19 25 administration of the bonus authorized in this subsection.
 19 26 The commission department shall adopt rules, pursuant to
 19 27 chapter 17A, as necessary to administer this subsection
 19 28 including but not limited to application procedures,
 19 29 investigation, approval or disapproval, and payment of claims.
 19 30    Sec. 30.  Section 35A.8, subsection 5, paragraph b,
 19 31 subparagraph (1), Code Supplement 2007, is amended to read as
 19 32 follows:
 19 33    (1)  A person who served on active duty for not less than
 19 34 one hundred twenty days in the armed forces of the United
 19 35 States, and who served on active duty at any time between July
 20  1 1, 1973, and May 31, 1975, both dates inclusive, and who at
 20  2 the time of entering into active duty service was a legal
 20  3 resident of the state of Iowa, and who had maintained the
 20  4 person's residence in this state for a period of at least six
 20  5 months immediately before entering into active duty service,
 20  6 and was honorably discharged or separated from active duty
 20  7 service, or is still in active service in an honorable status,
 20  8 or has been retired, or has been furloughed to a reserve, or
 20  9 has been placed on inactive status is entitled to receive from
 20 10 moneys appropriated for that purpose the sum of seventeen
 20 11 dollars and fifty cents for each month that the person was on
 20 12 active duty service in the Vietnam service area, within the
 20 13 dates specified in this subparagraph, if the veteran earned
 20 14 either a Vietnam service medal or an armed forces
 20 15 expeditionary medal=Vietnam or can otherwise establish service
 20 16 in the Vietnam service area during that period.  Compensation
 20 17 under this subparagraph shall not exceed a total sum of five
 20 18 hundred dollars.  Compensation for a fraction of a month shall
 20 19 not be considered unless the fraction is sixteen days or more,
 20 20 in which case the fraction shall be computed as a full month.
 20 21    Sec. 31.  NEW SECTION.  68A.401A  REPORTING OF
 20 22 CONTRIBUTIONS AND EXPENDITURES RELATING TO ISSUE ADVOCACY.
 20 23    1.  A political organization that is required to file
 20 24 reports with the internal revenue service, pursuant to 26
 20 25 U.S.C. } 527, shall file a report with the board if that
 20 26 organization does both of the following:
 20 27    a.  Creates or disseminates a communication of issue
 20 28 advocacy in this state.
 20 29    b.  Receives or expects to receive twenty=five thousand
 20 30 dollars or more in gross receipts in any taxable year.
 20 31    2.  A report required under this section shall contain the
 20 32 following information:
 20 33    a.  The amount, date, and purpose of each expenditure made
 20 34 to a person if the aggregate amount of expenditures to such
 20 35 person during the calendar year equals or exceeds five hundred
 21  1 dollars and the name and address of the person, and, in the
 21  2 case of an individual, the occupation and name of employer of
 21  3 the individual.
 21  4    b.  The name and address, and, in the case of an
 21  5 individual, the occupation and name of employer of such
 21  6 individual, of all contributors which contributed an aggregate
 21  7 amount of two hundred dollars or more to the organization
 21  8 during the calendar year and the amount and date of the
 21  9 contribution.
 21 10    3.  The board shall by rule establish a procedure for the
 21 11 filing of reports required by this section.  To the extent
 21 12 practicable the reporting periods and filing due dates shall
 21 13 be the same as set out in 26 U.S.C. } 527(j)(2).
 21 14    4.  The term "issue advocacy" means any print, radio,
 21 15 televised, telephonic, or electronic communication in any form
 21 16 or content, which is disseminated to the general public or a
 21 17 segment of the general public, that refers to a clearly
 21 18 identified candidate for the general assembly or statewide
 21 19 office.
 21 20    5.  The penalty set out in section 68A.701 does not apply
 21 21 to a violation of this section.  The penalties for a violation
 21 22 of this section are as set out in section 68B.32D.
 21 23    Sec. 32.  Section 68B.2A, Code 2007, is amended by adding
 21 24 the following new subsection:
 21 25    NEW SUBSECTION.  4.  The board shall adopt rules pursuant
 21 26 to chapter 17A further delineating particular situations where
 21 27 outside employment or activity of officials and state
 21 28 employees of the executive branch will be deemed to create an
 21 29 unacceptable conflict of interest.
 21 30    Sec. 33.  Section 68B.5A, subsections 2 and 5, Code 2007,
 21 31 are amended to read as follows:
 21 32    2.  The head of a major subunit of a department or
 21 33 independent state agency whose position involves substantial
 21 34 exercise of administrative discretion or the expenditure of
 21 35 public funds, a full=time employee of an office of a statewide
 22  1 elected official whose position involves substantial exercise
 22  2 of administrative discretion or the expenditure of public
 22  3 funds, or a legislative employee whose position involves a
 22  4 substantial exercise of administrative discretion or the
 22  5 expenditure of public funds, shall not, during the time in
 22  6 which the person serves or is employed by the state, act as a
 22  7 lobbyist before the agency in which the person is employed or
 22  8 before state agencies, officials, or employees with whom the
 22  9 person has substantial or regular contact as part of the
 22 10 person's duties, unless the person is designated, by the
 22 11 agency in which the person serves or is employed, to represent
 22 12 the official position of the agency.
 22 13    5.  The head of a major subunit of a department or
 22 14 independent state agency whose position involves substantial
 22 15 exercise of administrative discretion or the expenditure of
 22 16 public funds, a full=time employee of an office of a statewide
 22 17 elected official whose position involves substantial exercise
 22 18 of administrative discretion or the expenditure of public
 22 19 funds, or a legislative employee whose position involves a
 22 20 substantial exercise of administrative discretion or the
 22 21 expenditure of public funds, shall not, within two years after
 22 22 termination of employment, become a lobbyist before the agency
 22 23 in which the person was employed or before state agencies or
 22 24 officials or employees with whom the person had substantial
 22 25 and regular contact as part of the person's former duties.
 22 26    Sec. 34.  Section 68B.22, subsection 4, Code Supplement
 22 27 2007, is amended by adding the following new paragraph:
 22 28    NEW PARAGRAPH.  hh.  Food and beverages provided at a meal
 22 29 that is part of a bona fide event or program at which the
 22 30 recipient is being honored for public service.
 22 31    Sec. 35.  Section 97A.10, Code 2007, is amended to read as
 22 32 follows:
 22 33    97A.10  PURCHASE OF ELIGIBLE SERVICE CREDIT.
 22 34    1.  For purposes of this section:
 22 35    a.  "Eligible qualified service" means as follows:
 23  1    (1)  Service with the department prior to July 1, 1994, in
 23  2 a position as a gaming enforcement officer, fire prevention
 23  3 inspector peace officer, or as an employee of the division of
 23  4 capitol police except clerical workers.
 23  5    (2)  Service service as a member of a city fire retirement
 23  6 system or police retirement system operating under chapter 411
 23  7 prior to January 1, 1992, for which service was not eligible
 23  8 to be transferred to this system pursuant to section 97A.17.
 23  9    Eligible qualified service under this paragraph "a" does
 23 10 not include service if the receipt of credit for such service
 23 11 would result in the member receiving a retirement benefit
 23 12 under more than one retirement plan for the same period of
 23 13 service.
 23 14    b.  "Permissive service credit" means credit that will be
 23 15 recognized by the retirement system for purposes of
 23 16 calculating a member's benefit, for which the member did not
 23 17 previously receive service credit in the retirement system,
 23 18 and for which the member voluntarily contributes to the
 23 19 retirement system the amount required by the retirement
 23 20 system, not in excess of the amount necessary to fund the
 23 21 benefit attributable to such service.
 23 22    2.  An active member of the system may make contributions
 23 23 to the system to purchase up to the maximum amount of
 23 24 permissive service credit for eligible qualified service as
 23 25 determined by the system, pursuant to Internal Revenue Code
 23 26 section 415(n) and the requirements of this section.  A member
 23 27 seeking to purchase permissive service credit pursuant to this
 23 28 section shall file a written application along with
 23 29 appropriate documentation with the department by July 1, 2007
 23 30 2009.
 23 31    3.  A member making contributions for a purchase of
 23 32 permissive service credit for eligible qualified service under
 23 33 this section shall make contributions in an amount equal to
 23 34 the actuarial cost of the permissive service credit purchase,
 23 35 less an amount equal to the member's contributions under
 24  1 chapter 411 for the period of eligible qualified service
 24  2 together with interest at a rate determined by the board of
 24  3 trustees.  For purposes of this subsection, the actuarial cost
 24  4 of the permissive service credit purchase is an amount
 24  5 determined by the system in accordance with actuarial tables,
 24  6 as reported to the system by the system's actuary, which
 24  7 reflects the actuarial cost necessary to fund an increased
 24  8 retirement allowance resulting from the purchase of permissive
 24  9 service credit.
 24 10    Sec. 36.  Section 103.6, Code Supplement 2007, is amended
 24 11 by adding the following new subsection:
 24 12    NEW SUBSECTION.  5.  Adopt rules to create a special master
 24 13 license class or subclass and special journeyman license class
 24 14 or subclass for individuals who were licensed by a political
 24 15 subdivision prior to January 1, 2008, pursuant to a supervised
 24 16 written examination that has not been approved by the board
 24 17 pursuant to section 103.10, subsection 4, or section 103.12,
 24 18 subsection 4.  A person licensed pursuant to this subsection
 24 19 shall have the same authority as a person holding a
 24 20 corresponding class A master license or class A journeyman
 24 21 license.  However, the board shall not be required to include
 24 22 persons licensed under this subsection in any agreement
 24 23 entered into pursuant to the authority granted under section
 24 24 103.21.
 24 25    Sec. 37.  Section 103.22, Code Supplement 2007, is amended
 24 26 by adding the following new subsection:
 24 27    NEW SUBSECTION.  2A.  Require firms or individuals working
 24 28 under contract to municipal utilities, electric membership or
 24 29 cooperative associations, or investor=owned utilities to hold
 24 30 licenses while performing work for utilities which is within
 24 31 the scope of the public service obligations of a utility.
 24 32    Sec. 38.  Section 135.63, subsection 2, paragraph l, Code
 24 33 2007, is amended to read as follows:
 24 34    l.  The replacement or modernization of any institutional
 24 35 health facility if the replacement or modernization does not
 25  1 add new health services or additional bed capacity for
 25  2 existing health services, notwithstanding any provision in
 25  3 this division to the contrary.  With reference to a hospital,
 25  4 "replacement" means establishing a new hospital that
 25  5 demonstrates compliance with all of the following criteria
 25  6 through evidence submitted to the department:
 25  7    (1)  Is designated as a critical access hospital pursuant
 25  8 to 42 U.S.C. } 1395i=4.
 25  9    (2)  Serves at least seventy=five percent of the same
 25 10 service area that was served by the prior hospital to be
 25 11 closed and replaced by the new hospital.
 25 12    (3)  Provides at least seventy=five percent of the same
 25 13 services that were provided by the prior hospital to be closed
 25 14 and replaced by the new hospital.
 25 15    (4)  Is staffed by at least seventy=five percent of the
 25 16 same staff, including medical staff, contracted staff, and
 25 17 employees, as constituted the staff of the prior hospital to
 25 18 be closed and replaced by the new hospital.
 25 19    Sec. 39.  Section 135B.5, Code 2007, is amended to read as
 25 20 follows:
 25 21    135B.5  ISSUANCE AND RENEWAL OF LICENSE.
 25 22    1.  Upon receipt of an application for license and the
 25 23 license fee, the department shall issue a license if the
 25 24 applicant and hospital facilities comply with this chapter and
 25 25 the rules of the department.  Each licensee shall receive
 25 26 annual reapproval upon payment of ten five hundred dollars and
 25 27 upon filing of an application form which is available from the
 25 28 department.  The annual licensure fee shall be dedicated to
 25 29 support and provide educational programs on regulatory issues
 25 30 for hospitals licensed under this chapter in consultation with
 25 31 the hospital licensing board.  Licenses shall be either
 25 32 general or restricted in form.  Each license shall be issued
 25 33 only for the premises and persons or governmental units named
 25 34 in the application and is not transferable or assignable
 25 35 except with the written approval of the department.  Licenses
 26  1 shall be posted in a conspicuous place on the licensed
 26  2 premises as prescribed by rule of the department.
 26  3    2.  Provided, however, that the The provisions of this
 26  4 section shall not in any way affect, change, deny or nullify
 26  5 any rights set forth in, or arising from the provisions of
 26  6 this chapter and particularly section 135B.7, arising before
 26  7 or after December 31, 1960.
 26  8    Sec. 40.  Section 135B.10, Code 2007, is amended to read as
 26  9 follows:
 26 10    135B.10  HOSPITAL LICENSING BOARD.
 26 11    The governor shall appoint five six individuals who possess
 26 12 recognized ability in the field of hospital administration, to
 26 13 serve as the hospital licensing board within the department.
 26 14 Five members shall possess recognized ability in the field of
 26 15 hospital administration and one member shall be a member of
 26 16 the general public.
 26 17    Sec. 41.  Section 175.2, subsection 1, paragraph m, Code
 26 18 2007, is amended to read as follows:
 26 19    m.  (1)  "Low or moderate net worth" means a person's
 26 20 aggregate net worth calculated as a designated amount
 26 21 established pursuant to rules adopted by the authority and
 26 22 effective for one year.  The designated amount shall be
 26 23 established by January 1 of each year by adjusting the
 26 24 designated amount effective on the previous December 31.  The
 26 25 authority shall establish the designated amount in accordance
 26 26 with the prices paid by farmers index as compiled by the
 26 27 United States department of agriculture.
 26 28    (2)  "Low or moderate net worth" as applied to the
 26 29 following persons means:
 26 30    (1) (a)  For an individual, an aggregate net worth of the
 26 31 individual and the individual's spouse and minor children of
 26 32 less than three hundred thousand dollars the designated
 26 33 amount.
 26 34    (2) (b)  For a partnership, an aggregate net worth of all
 26 35 partners, including each partner's net capital in the
 27  1 partnership, and each partner's spouse and minor children of
 27  2 less than six hundred thousand dollars twice the designated
 27  3 amount.  However, the aggregate net worth of each partner and
 27  4 that partner's spouse and minor children shall not exceed
 27  5 three hundred thousand dollars the designated amount.
 27  6    (3) (c)  For a family farm corporation, an aggregate net
 27  7 worth of all shareholders, including the value of each
 27  8 shareholder's share in the family farm corporation, and each
 27  9 shareholder's spouse and minor children of less than six
 27 10 hundred thousand dollars twice the designated amount.
 27 11 However, the aggregate net worth of each shareholder and that
 27 12 shareholder's spouse and minor children shall not exceed three
 27 13 hundred thousand dollars the designated amount.
 27 14    (4) (d)  For a family farm limited liability company, an
 27 15 aggregate net worth of all members, including each member's
 27 16 ownership interest in the family farm limited liability
 27 17 company, and each member's spouse and minor children of less
 27 18 than six hundred thousand dollars twice the designated amount.
 27 19 However, the aggregate net worth of each member and that
 27 20 member's spouse and minor children shall not exceed three
 27 21 hundred thousand dollars the designated amount.
 27 22    Sec. 42.  Section 216A.162, subsection 2, if enacted by
 27 23 2008 Iowa Acts, Senate File 2400, is amended to read as
 27 24 follows:
 27 25    2.  The purpose of the commission shall be to work in
 27 26 concert with tribal governments, Native American groups, and
 27 27 Native American persons Americans in this state to advance the
 27 28 interests of tribal governments and Native American persons
 27 29 Americans in the areas of human rights, access to justice,
 27 30 economic equality, and the elimination of discrimination.
 27 31    Sec. 43.  Section 216A.162, subsection 3, paragraph a, if
 27 32 enacted by 2008 Iowa Acts, Senate File 2400, is amended to
 27 33 read as follows:
 27 34    a.  Seven public members appointed in compliance with
 27 35 sections 69.16 and 69.16A who shall be appointed with
 28  1 consideration given to the geographic residence of the member
 28  2 and the population density of Native Americans within the
 28  3 vicinity of the geographic residence of a member.  Of the
 28  4 seven public members appointed, at least one shall be a Native
 28  5 American who is an enrolled tribal member living on a tribal
 28  6 settlement or reservation in Iowa and whose tribal government
 28  7 is located in Iowa and one shall be a Native American who is
 28  8 primarily descended from a tribe other than those specified in
 28  9 paragraph "b".
 28 10    Sec. 44.  Section 216A.165, if enacted by 2008 Iowa Acts,
 28 11 Senate File 2400, is amended to read as follows:
 28 12    216A.165  DUTIES.
 28 13    The commission shall have all powers necessary to carry out
 28 14 the functions and duties specified in this subchapter and
 28 15 shall do all of the following:
 28 16    1.  Advise the governor and the general assembly on issues
 28 17 confronting tribal governments and Native American persons
 28 18 Americans in this state.
 28 19    2.  Promote legislation beneficial to tribal governments
 28 20 and Native American persons Americans in this state.
 28 21    3.  Recommend to the governor and the general assembly any
 28 22 revisions in the state's affirmative action program and other
 28 23 steps necessary to eliminate discrimination against and the
 28 24 underutilization of Native American persons Americans in the
 28 25 state's workforce.
 28 26    4.  Serve as a conduit to state government for Native
 28 27 American persons Americans in this state.
 28 28    5.  Serve as an advocate for Native American persons
 28 29 Americans and a referral agency to assist Native American
 28 30 persons Americans in securing access to justice and state
 28 31 agencies and programs.
 28 32    6.  Serve as a liaison with federal, state, and local
 28 33 governmental units, and private organizations on matters
 28 34 relating to Native American persons Americans in this state.
 28 35    7.  Conduct studies, make recommendations, and implement
 29  1 programs designed to solve the problems of Native American
 29  2 persons Americans in this state in the areas of human rights,
 29  3 housing, education, welfare, employment, health care, access
 29  4 to justice, and any other related problems.
 29  5    8.  Publicize the accomplishments of Native American
 29  6 persons Americans and their contributions to this state.
 29  7    9.  Work with other state, tribal, and federal agencies and
 29  8 organizations to develop small business opportunities and
 29  9 promote economic development for Native American persons
 29 10 Americans.
 29 11    Sec. 45.  Section 216A.166, if enacted by 2008 Iowa Acts,
 29 12 Senate File 2400, is amended to read as follows:
 29 13    216A.166  REVIEW OF GRANT APPLICATIONS AND BUDGET REQUESTS.
 29 14    Before the submission of an application, a state department
 29 15 or agency shall consult with the commission concerning an
 29 16 application for federal funding that will have its primary
 29 17 effect on tribal governments or Native American persons
 29 18 Americans.  The commission shall advise the governor, the
 29 19 director of the department of human rights, and the director
 29 20 of revenue concerning any state agency budget request that
 29 21 will have its primary effect on tribal governments or Native
 29 22 American persons Americans.
 29 23    Sec. 46.  NEW SECTION.  279.67  COMPETITIVE LIVING WAGE.
 29 24    It is the goal of this state that every employee of a
 29 25 public school corporation be provided with a competitive
 29 26 living wage.
 29 27    Sec. 47.  Section 331.304, subsection 10, Code Supplement
 29 28 2007, is amended to read as follows:
 29 29    10.  A county shall not adopt or enforce any ordinance
 29 30 imposing any registration or licensing system or registration
 29 31 or license fees for or relating to owner=occupied manufactured
 29 32 or mobile homes including the lots, or lands, or manufactured
 29 33 home community or mobile home park upon or in which they are
 29 34 located.  A county shall not adopt or enforce any ordinance
 29 35 imposing any registration or licensing system, or registration
 30  1 or license fees, or safety or sanitary standards for rental
 30  2 manufactured or mobile homes unless similar registration or
 30  3 licensing system, or registration or license fees, or safety
 30  4 or sanitary standards are required for other rental properties
 30  5 intended for human habitation.  This subsection does not
 30  6 preclude the investigation and abatement of a nuisance or the
 30  7 enforcement of a tiedown system, or the enforcement of any
 30  8 regulations of the state or local board of health if those
 30  9 regulations apply to other rental properties or to
 30 10 owner=occupied housing intended for human habitation.
 30 11    Sec. 48.  Section 364.3, subsection 5, Code 2007, is
 30 12 amended to read as follows:
 30 13    5.  A city shall not adopt or enforce any ordinance
 30 14 imposing any registration or licensing system or registration
 30 15 or license fees for or relating to owner=occupied manufactured
 30 16 or mobile homes including the lots, or lands, or manufactured
 30 17 home community or mobile home park upon or in which they are
 30 18 located.  A city shall not adopt or enforce any ordinance
 30 19 imposing any registration or licensing system, or registration
 30 20 or license fees, or safety or sanitary standards for rental
 30 21 manufactured or mobile homes unless a similar registration or
 30 22 licensing system, or registration or license fees, or safety
 30 23 or sanitary standards are required for other rental properties
 30 24 intended for human habitation.  This subsection does not
 30 25 preclude the investigation and abatement of a nuisance or the
 30 26 enforcement of a tiedown system, or the enforcement of any
 30 27 regulations of the state or local board of health if those
 30 28 regulations apply to other rental properties or to
 30 29 owner=occupied housing intended for human habitation.
 30 30    Sec. 49.  NEW SECTION.  422.11V  CHARITABLE CONSERVATION
 30 31 CONTRIBUTION TAX CREDIT.
 30 32    1.  The taxes imposed under this division, less the credits
 30 33 allowed under section 422.12, shall be reduced by a charitable
 30 34 conservation contribution tax credit equal to fifty percent of
 30 35 the fair market value of a qualified real property interest
 31  1 located in the state that is conveyed as an unconditional
 31  2 charitable donation in perpetuity by the taxpayer to a
 31  3 qualified organization exclusively for conservation purposes.
 31  4 The maximum amount of tax credit is one hundred thousand
 31  5 dollars.  The amount of the contribution for which the tax
 31  6 credit is claimed shall not be deductible in determining
 31  7 taxable income for state tax purposes.
 31  8    2.  For purposes of this section, "conservation purpose",
 31  9 "qualified organization", and "qualified real property
 31 10 interest" mean the same as defined for the qualified
 31 11 conservation contribution under section 170(h) of the Internal
 31 12 Revenue Code, except that a conveyance of land for open space
 31 13 for the purpose of fulfilling density requirements to obtain
 31 14 subdivision or building permits shall not be considered a
 31 15 conveyance for a conservation purpose.
 31 16    3.  Any credit in excess of the tax liability is not
 31 17 refundable but the excess for the tax year may be credited to
 31 18 the tax liability for the following twenty tax years or until
 31 19 depleted, whichever is the earlier.
 31 20    4.  An individual may claim the tax credit allowed a
 31 21 partnership, limited liability company, S corporation, estate,
 31 22 or trust electing to have the income taxed directly to the
 31 23 individual.  The amount claimed by the individual shall be
 31 24 based upon the pro rata share of the individual's earnings of
 31 25 the partnership, limited liability company, S corporation,
 31 26 estate, or trust.
 31 27    Sec. 50.  Section 422.33, Code Supplement 2007, is amended
 31 28 by adding the following new subsection:
 31 29    NEW SUBSECTION.  25.  a.  The taxes imposed under this
 31 30 division shall be reduced by a charitable conservation
 31 31 contribution tax credit equal to fifty percent of the fair
 31 32 market value of a qualified real property interest located in
 31 33 the state that is conveyed as an unconditional charitable
 31 34 donation in perpetuity by the taxpayer to a qualified
 31 35 organization exclusively for conservation purposes.  The
 32  1 maximum amount of tax credit is one hundred thousand dollars.
 32  2 The amount of the contribution for which the tax credit is
 32  3 claimed shall not be deductible in determining taxable income
 32  4 for state tax purposes.
 32  5    b.  For purposes of this section, "conservation purpose",
 32  6 "qualified organization", and "qualified real property
 32  7 interest" mean the same as defined for the qualified
 32  8 conservation contribution under section 170(h) of the Internal
 32  9 Revenue Code, except that a conveyance of land for open space
 32 10 for the purpose of fulfilling density requirements to obtain
 32 11 subdivision or building permits shall not be considered a
 32 12 conveyance for a conservation purpose.
 32 13    c.  Any credit in excess of the tax liability is not
 32 14 refundable but the excess for the tax year may be credited to
 32 15 the tax liability for the following twenty tax years or until
 32 16 depleted, whichever is the earlier.
 32 17    Sec. 51.  Section 423.6, subsection 14, Code 2007, is
 32 18 amended to read as follows:
 32 19    14.  Mobile homes to the extent of the portion of the
 32 20 purchase price of the mobile home which is not attributable to
 32 21 the cost of the tangible personal property used in the
 32 22 processing of the mobile home, and manufactured housing to the
 32 23 extent of the purchase price or the installed purchase price
 32 24 of the manufactured housing which is not attributable to the
 32 25 cost of the tangible personal property used in the processing
 32 26 of the manufactured housing.  For purposes of this exemption,
 32 27 the portion of the purchase price which is not attributable to
 32 28 the cost of the tangible personal property used in the
 32 29 processing of the mobile home is forty eighty percent and the
 32 30 portion of the purchase price or installed purchase price
 32 31 which is not attributable to the cost of the tangible personal
 32 32 property used in the processing of the manufactured housing is
 32 33 forty eighty percent.
 32 34    Sec. 52.  Section 423E.4, subsection 3, paragraph b,
 32 35 subparagraph (2), Code 2007, as amended by 2008 Iowa Acts,
 33  1 House File 2663, section 21, if enacted, is amended to read as
 33  2 follows:
 33  3    (2)  "Sales tax capacity per student" means for a school
 33  4 district the estimated amount of revenues that a school
 33  5 district would receive if a local sales and services tax for
 33  6 school infrastructure purposes was imposed at one percent in
 33  7 the county pursuant to section 423E.2, Code 2007, as computed
 33  8 in subsection 8, divided by the school district's actual
 33  9 enrollment as determined in section 423E.3, subsection 5,
 33 10 paragraph "d".
 33 11    Sec. 53.  Section 423E.4, subsection 3, paragraph b,
 33 12 subparagraph (3), Code 2007, as amended by 2008 Iowa Acts,
 33 13 House File 2663, section 22, if enacted, is amended to read as
 33 14 follows:
 33 15    (3)  "Statewide tax revenues per student" means the amount
 33 16 determined by estimating the total revenues that would be
 33 17 generated by a one percent local option sales and services tax
 33 18 for school infrastructure purposes if imposed by all the
 33 19 counties during the entire fiscal year, as computed in
 33 20 subsection 8, and dividing this estimated revenue amount by
 33 21 the sum of the combined actual enrollment for all counties as
 33 22 determined in section 423E.3, subsection 5, paragraph "d",
 33 23 subparagraph (2).
 33 24    Sec. 54.  Section 423E.4, subsection 8, as enacted by 2008
 33 25 Iowa Acts, House File 2663, section 25, if enacted, is amended
 33 26 by striking the subsection.
 33 27    Sec. 55.  Section 423F.2, subsection 1, paragraph b, as
 33 28 enacted by 2008 Iowa Acts, House File 2663, section 28, if
 33 29 enacted, is amended to read as follows:
 33 30    b.  The increase in the state sales, services, and use
 33 31 taxes under chapter 423, subchapters II and III, from five
 33 32 percent to six percent shall replace the repeal of the
 33 33 county's local sales and services tax for school
 33 34 infrastructure purposes.  The distribution of moneys in the
 33 35 secure an advanced vision for education fund and the use of
 34  1 the moneys for infrastructure purposes or property tax relief
 34  2 shall be as provided in this chapter.  However, the formula
 34  3 for the distribution of the moneys in the fund shall be based
 34  4 upon amounts that would have been received if the local sales
 34  5 and services taxes under chapter 423E, Code 2007, continued in
 34  6 existence, as computed pursuant to section 423E.4, subsection
 34  7 8.
 34  8    Sec. 56.  Section 441.37A, subsection 1, unnumbered
 34  9 paragraph 1, Code 2007, is amended to read as follows:
 34 10    For the assessment year beginning January 1, 2007, and all
 34 11 subsequent assessment years, appeals may be taken from the
 34 12 action of the board of review with reference to protests of
 34 13 assessment, valuation, or application of an equalization order
 34 14 to the property assessment appeal board created in section
 34 15 421.1A.  However, a property owner or aggrieved taxpayer or an
 34 16 appellant described in section 441.42 may bypass the property
 34 17 assessment appeal board and appeal the decision of the local
 34 18 board of review to the district court pursuant to section
 34 19 441.38.  For an appeal to the property assessment appeal board
 34 20 to be valid, written notice must be filed by the party
 34 21 appealing the decision with the secretary of the property
 34 22 assessment appeal board within twenty days after the date the
 34 23 board of review's letter of disposition of the appeal is
 34 24 postmarked to the party making the protest.  The written
 34 25 notice of appeal shall include a petition setting forth the
 34 26 basis of the appeal and the relief sought.  No new grounds in
 34 27 addition to those set out in the protest to the local board of
 34 28 review as provided in section 441.37 can be pleaded, but
 34 29 additional evidence to sustain those grounds may be
 34 30 introduced.  The assessor shall have the same right to appeal
 34 31 to the assessment appeal board as an individual taxpayer,
 34 32 public body, or other public officer as provided in section
 34 33 441.42.  An appeal to the board is a contested case under
 34 34 chapter 17A.
 34 35    Sec. 57.  Section 441.37A, subsection 2, unnumbered
 35  1 paragraph 2, Code 2007, is amended to read as follows:
 35  2    An appeal may be considered by less than a majority of the
 35  3 members of the board, and the chairperson of the board may
 35  4 assign members to consider appeals.  If a hearing is
 35  5 requested, it shall be open to the public and shall be
 35  6 conducted in accordance with the rules of practice and
 35  7 procedure adopted by the board.  However, any deliberation of
 35  8 a board member considering the appeal in reaching a decision
 35  9 on any appeal shall be confidential.  A meeting of the board
 35 10 to rule on procedural motions in a pending appeal or to
 35 11 deliberate on the decision to be reached in an appeal is
 35 12 exempt from the provisions of chapter 21.  The property
 35 13 assessment appeal board or any member of the board may require
 35 14 the production of any books, records, papers, or documents as
 35 15 evidence in any matter pending before the board that may be
 35 16 material, relevant, or necessary for the making of a just
 35 17 decision.  Any books, records, papers, or documents produced
 35 18 as evidence shall become part of the record of the appeal.
 35 19 Any testimony given relating to the appeal shall be
 35 20 transcribed and made a part of the record of the appeal.
 35 21    Sec. 58.  NEW SECTION.  441.38B  APPEAL TO DISTRICT COURT
 35 22 FROM PROPERTY ASSESSMENT APPEAL BOARD.
 35 23    A person or party who is aggrieved or adversely affected by
 35 24 a decision of the property assessment appeal board may seek
 35 25 judicial review of the decision as provided in chapter 17A and
 35 26 section 441.38.
 35 27    Sec. 59.  NEW SECTION.  455C.17  GRANTS FOR INDEPENDENT
 35 28 REDEMPTION CENTERS.
 35 29    1.  An independent redemption center grant program shall be
 35 30 established by the department to award grants for improvements
 35 31 to independent redemption centers.  An "independent redemption
 35 32 center" is a redemption center that is also a nonprofit or a
 35 33 for=profit facility that has existed prior to July 1, 2008,
 35 34 and that is not affiliated with or in any way a subsidiary of
 35 35 a dealer, a distributor, or a manufacturer.
 36  1    2.  a.  An independent redemption center grant fund is
 36  2 established in the state treasury under the authority of the
 36  3 department.  The fund shall consist of moneys appropriated to
 36  4 the fund or appropriated to the department for purposes of the
 36  5 grant program.  Moneys in the fund are appropriated to the
 36  6 department to be used for the grant program.
 36  7    b.  Notwithstanding section 8.33, moneys in the fund at the
 36  8 close of any fiscal year shall not revert to any other fund
 36  9 but shall remain in the fund for the subsequent fiscal year to
 36 10 be used for purposes of the fund.
 36 11    3.  a.  Moneys in the grant fund shall be used by the
 36 12 department to provide grants to independent redemption centers
 36 13 for purposes of making improvements to such centers.  The
 36 14 department shall not award grants in a fiscal year in an
 36 15 aggregate of more than one million dollars.  A grant shall not
 36 16 exceed fifteen thousand dollars for any independent redemption
 36 17 center.
 36 18    b.  The department shall not pay administrative costs
 36 19 relating to the management of the grant program in excess of
 36 20 three and one=half percent of the moneys in the fund in a
 36 21 fiscal year.
 36 22    Sec. 60.  Section 535.8, subsection 1, Code 2007, is
 36 23 amended by striking the subsection and inserting in lieu
 36 24 thereof the following:
 36 25    1.  DEFINITIONS.  For purposes of this section, unless the
 36 26 context otherwise requires:
 36 27    a.  "Lender" means a person who makes or originates a loan;
 36 28 a person who is identified as a lender on the loan documents;
 36 29 a person who arranges, negotiates, or brokers a loan; and a
 36 30 person who provides any goods or services as an incident to or
 36 31 as a condition required for the making or closing of the loan.
 36 32 "Lender" does not include a licensed attorney admitted to
 36 33 practice in this state acting solely as an incident to the
 36 34 practice of law.
 36 35    b.  "Loan" means a loan of money which is wholly or in part
 37  1 to be used for the purpose of purchasing real property which
 37  2 is a single=family or two=family dwelling occupied or to be
 37  3 occupied by the borrower.  A loan includes the refinancing of
 37  4 a contract of sale, and the refinancing of a prior loan,
 37  5 whether or not the borrower also was the borrower under the
 37  6 prior loan, and the assumption of a prior loan.
 37  7    Sec. 61.  Section 535.8, subsection 2, paragraphs a and b,
 37  8 Code 2007, are amended to read as follows:
 37  9    a.  A lender may collect borrower may be charged by a
 37 10 lender, in connection with a loan made pursuant to a written
 37 11 agreement executed by the borrower on or after July 1, 1983,
 37 12 or in connection with a loan made pursuant to a written
 37 13 commitment by the lender mailed or delivered to the borrower
 37 14 on or after that date, a loan origination or processing fee, a
 37 15 broker fee, or both, which does together do not exceed two
 37 16 percent of an amount which is equal to the loan principal;
 37 17 except that to the extent of an assumption by a new borrower
 37 18 of the obligation to make payments under a prior loan, or to
 37 19 the extent that the loan principal is used to refinance a
 37 20 prior loan between the same borrower and the same lender, the
 37 21 lender may collect borrower may be charged by a lender a loan
 37 22 origination or processing fee, a broker fee, or both, which
 37 23 does together do not exceed an amount which is a reasonable
 37 24 estimate of the expenses of processing the loan assumption or
 37 25 refinancing but which does not exceed one percent of the
 37 26 unpaid balance of the loan that is assumed or refinanced.  In
 37 27 addition, a lender may collect from a borrower, a seller of
 37 28 property, another lender, or any other person, or from any
 37 29 combination of these persons borrower may be charged by a
 37 30 lender, in contemplation of or in connection with a loan, a
 37 31 commitment fee, closing fee, or both, that is agreed to in
 37 32 writing by the lender and the persons from whom the charges
 37 33 are to be collected borrower.  A loan fee collected paid by a
 37 34 borrower to a lender under this paragraph is compensation to
 37 35 the lender solely for the use of money, notwithstanding any
 38  1 provision of the agreement to the contrary.  However, a loan
 38  2 fee collected under this paragraph shall be disregarded for
 38  3 purposes of determining the maximum charge permitted by
 38  4 section 535.2 or 535.9, subsection 2.  The collection A lender
 38  5 is prohibited from charging a borrower in connection with a
 38  6 loan of a loan origination or processing fee, broker fee,
 38  7 closing fee, commitment fee, or similar charge is prohibited
 38  8 other than expressly authorized by this paragraph or a payment
 38  9 reduction fee authorized by subsection 3.
 38 10    b.  A lender may collect borrower may be charged by a
 38 11 lender in connection with a loan any of the following costs
 38 12 which are incurred by the lender in connection with the loan
 38 13 and which are disclosed to the borrower:
 38 14    (1)  Credit reports.
 38 15    (2)  Appraisal fees paid to a third party, or when the
 38 16 appraisal is performed by the lender, a fee which is a
 38 17 reasonable estimate of the expense incurred by the lender in
 38 18 performing the appraisal.
 38 19    (3)  Attorney's opinions.
 38 20    (4)  Abstracting fees paid to a third party, or when the
 38 21 abstracting is performed by the lender, a fee which is a
 38 22 reasonable estimate of the expense incurred by the lender in
 38 23 performing the abstracting.
 38 24    (5)  County recorder's fees.
 38 25    (6)  Inspection fees.
 38 26    (7)  Mortgage guarantee insurance charge.
 38 27    (8)  Surveying of property.
 38 28    (9)  Termite inspection.
 38 29    (10)  The cost of a title guaranty issued by the Iowa
 38 30 finance authority pursuant to chapter 16.
 38 31    (11)  A bona fide and reasonable settlement or closing fee
 38 32 which is paid to a third party to settle or close the loan.
 38 33    The lender shall not charge the borrower for the cost of
 38 34 revenue stamps or real estate commissions which are paid by
 38 35 the seller.
 39  1    The collection of A lender shall not charge the borrower
 39  2 any costs other than as expressly permitted by this paragraph
 39  3 "b" is prohibited.  However, additional costs incurred in
 39  4 connection with a loan under this paragraph "b", if bona fide
 39  5 and reasonable, may be collected by a state=chartered
 39  6 financial institution licensed under chapter 524, 533, or 534,
 39  7 to the extent permitted under applicable federal law as
 39  8 determined by the office of the comptroller of the currency of
 39  9 the United States department of treasury, the national credit
 39 10 union administration, or the office of thrift supervision of
 39 11 the United States department of treasury.  Such costs shall
 39 12 apply only to the same type of state=chartered entity as the
 39 13 federally chartered entity affected and shall apply to and may
 39 14 be collected by an insurer organized under chapter 508 or 515,
 39 15 or otherwise authorized to conduct the business of insurance
 39 16 in this state.
 39 17    Nothing in this section shall be construed to change the
 39 18 prohibition against the sale of title insurance or sale of
 39 19 insurance against loss or damage by reason of defective title
 39 20 or encumbrances as provided in section 515.48, subsection 10.
 39 21    Sec. 62.  Section 622.10, subsection 3, paragraphs a, d,
 39 22 and e, Code Supplement 2007, are amended to read as follows:
 39 23    a.  In a civil action in which the condition of the
 39 24 plaintiff in whose favor the prohibition is made is an element
 39 25 or factor of the claim or defense of the adverse party or of
 39 26 any party claiming through or under the adverse party, the
 39 27 adverse party shall make a written request for records
 39 28 relating to the condition alleged upon the plaintiff's counsel
 39 29 attorney for a legally sufficient patient's waiver under
 39 30 federal and state law.  Upon receipt of a written request, the
 39 31 plaintiff shall execute the a legally sufficient patient's
 39 32 waiver and release it to the adverse party making the request
 39 33 within sixty days of receipt of the written request.  The
 39 34 patient's waiver may require a physician or surgeon, physician
 39 35 assistant, advanced registered nurse practitioner, or mental
 40  1 health professional to do all of the following:
 40  2    (1)  Provide a complete copy of the patient's records
 40  3 including, but not limited to, any reports or diagnostic
 40  4 imaging relating to the condition alleged.
 40  5    (2)  Consult with the attorney for the adverse party prior
 40  6 to providing testimony regarding the plaintiff's medical
 40  7 history and the condition alleged and opinions regarding
 40  8 health etiology and prognosis for the condition alleged
 40  9 subject to the limitations in paragraph paragraphs "c" and
 40 10 "e".
 40 11    d.  Any physician or surgeon, physician assistant, advanced
 40 12 registered nurse practitioner, or mental health professional
 40 13 who provides records or consults with the counsel attorney for
 40 14 the adverse any party shall be entitled to charge a reasonable
 40 15 fee for production of the records, diagnostic imaging, and
 40 16 consultation.  Any party seeking consultation shall be
 40 17 responsible for payment of all charges.  The fee fees for
 40 18 copies of any records shall be based upon actual cost of
 40 19 production be as specified in subsection 4A.
 40 20    e.  Defendant's counsel shall provide a written notice to
 40 21 plaintiff's counsel attorney in a manner consistent with the
 40 22 Iowa rules of civil procedure providing for notice of
 40 23 deposition at least ten days prior to any meeting with
 40 24 plaintiff's physician or surgeon, physician assistant,
 40 25 advanced registered nurse practitioner, or mental health
 40 26 professional.  Plaintiff's counsel attorney has the right to
 40 27 be present at all such meetings, or participate in telephonic
 40 28 communication with the physician or surgeon, physician
 40 29 assistant, advanced registered nurse practitioner, or mental
 40 30 health professional and counsel attorney for the defendant.
 40 31 Prior to scheduling any meeting or engaging in any
 40 32 communication with the physician or surgeon, physician
 40 33 assistant, advanced registered nurse practitioner, or mental
 40 34 health professional, attorney for the defendant shall confer
 40 35 with plaintiff's attorney to determine a mutually convenient
 41  1 date and time for such meeting or telephonic communication.
 41  2 Plaintiff's counsel attorney may seek a protective order
 41  3 structuring all communication by making application to the
 41  4 court at any time.
 41  5    Sec. 63.  Section 622.10, subsection 4, Code Supplement
 41  6 2007, is amended to read as follows:
 41  7    4.  If an adverse party desires the oral deposition, either
 41  8 discovery or evidentiary, of a physician or surgeon, physician
 41  9 assistant, advanced registered nurse practitioner, or mental
 41 10 health professional to which the prohibition would otherwise
 41 11 apply or the stenographer or confidential clerk of a physician
 41 12 or surgeon, physician assistant, advanced registered nurse
 41 13 practitioner, or mental health professional or desires to call
 41 14 a physician or surgeon, physician assistant, advanced
 41 15 registered nurse practitioner, or mental health professional
 41 16 to which the prohibition would otherwise apply or the
 41 17 stenographer or confidential clerk of a physician or surgeon,
 41 18 physician assistant, advanced registered nurse practitioner,
 41 19 or mental health professional as a witness at the trial of the
 41 20 action, the adverse party shall file an application with the
 41 21 court for permission to do so.  The court upon hearing, which
 41 22 shall not be ex parte, shall grant permission unless the court
 41 23 finds that the evidence sought does not relate to the
 41 24 condition alleged and.  At the request of any party or at the
 41 25 request of the deponent, the court shall fix a reasonable fee
 41 26 to be paid to the a physician or surgeon, physician assistant,
 41 27 advanced registered nurse practitioner, or mental health
 41 28 professional by the party taking the deposition or calling the
 41 29 witness.
 41 30    Sec. 64.  Section 622.10, Code Supplement 2007, is amended
 41 31 by adding the following new subsection:
 41 32    NEW SUBSECTION.  4A.  At any time, upon a written request
 41 33 from a patient, a patient's legal representative or attorney,
 41 34 or an adverse party pursuant to subsection 3, any provider
 41 35 shall provide copies of the requested records or images to the
 42  1 requester within thirty days of receipt of the written
 42  2 request.  The written request shall be accompanied by a
 42  3 legally sufficient patient's waiver unless the request is made
 42  4 by the patient or the patient's legal representative or
 42  5 attorney.
 42  6    a.  The fee charged for the cost of producing the requested
 42  7 records or images shall be based upon the actual cost of
 42  8 production.  If the written request and accompanying patient's
 42  9 waiver, if required, authorizes the release of all of the
 42 10 patient's records for the requested time period, including
 42 11 records relating to the patient's mental health, substance
 42 12 abuse, and acquired immune deficiency syndrome=related
 42 13 conditions, the amount charged shall not exceed the rates
 42 14 established by the workers' compensation commissioner for
 42 15 copies of records in workers' compensation cases.  If
 42 16 requested, the provider shall include an affidavit certifying
 42 17 that the records or images produced are true and accurate
 42 18 copies of the originals for an additional fee not to exceed
 42 19 ten dollars.
 42 20    b.  A patient or a patient's legal representative or a
 42 21 patient's attorney is entitled to one copy free of charge of
 42 22 the patient's complete billing statement, subject only to a
 42 23 charge for the actual costs of postage or delivery charges
 42 24 incurred in providing the statement.  If requested, the
 42 25 provider or custodian of the record shall include an affidavit
 42 26 certifying the billing statements produced to be true and
 42 27 accurate copies of the originals for an additional fee not to
 42 28 exceed ten dollars.
 42 29    c.  Fees charged pursuant to this subsection are not
 42 30 subject to a sales or use tax.  A provider providing the
 42 31 records or images may require payment in advance if an
 42 32 itemized statement demanding such is provided to the
 42 33 requesting party within fifteen days of the request.  Upon a
 42 34 timely request for payment in advance, the time for providing
 42 35 the records or images shall be extended until the greater of
 43  1 thirty days from the date of the original request or ten days
 43  2 from the receipt of payment.
 43  3    d.  If a provider does not provide to the requester all
 43  4 records or images encompassed by the request or does not allow
 43  5 a patient access to all of the patient's medical records
 43  6 encompassed by the patient's request to examine the patient's
 43  7 records, the provider shall give written notice to the
 43  8 requester or the patient that providing the requested records
 43  9 or images would be a violation of the federal Health Insurance
 43 10 Portability and Accountability Act of 1996, Pub. L. No.
 43 11 104=191.
 43 12    e.  As used in this subsection:
 43 13    (1)  "Records" and "images" include electronic media and
 43 14 data containing a patient's health or billing information and
 43 15 "copies" includes patient records or images provided in
 43 16 electronic form, regardless of the form of the originals.  If
 43 17 consented to by the requesting party, records and images
 43 18 produced pursuant to this subsection may be produced on
 43 19 electronic media.
 43 20    (2)  "Provider" means any physician or surgeon, physician
 43 21 assistant, advanced registered nurse practitioner, mental
 43 22 health professional, hospital, nursing home, or other person,
 43 23 entity, facility, or organization that furnishes, bills, or is
 43 24 paid for health care in the normal course of business.
 43 25    Sec. 65.  NEW SECTION.  692A.3B  PRESENCE ON THE REAL
 43 26 PROPERTY COMPRISING A CHILD CARE FACILITY OR CHILD CARE HOME
 43 27 == RESTRICTION.
 43 28    1.  As used in this section, "child care provider" includes
 43 29 a "child care center", "child care home", "child development
 43 30 home", and "preschool" as those terms are defined in section
 43 31 237A.1, and a "child care program" as defined in section
 43 32 279.49 and authorized in section 280.3A.
 43 33    2.  A person required to register under this chapter who
 43 34 has been convicted of a criminal offense against a minor, or
 43 35 an offense involving a minor that is an aggravated offense,
 44  1 sexually violent offense, or other relevant offense, shall not
 44  2 be knowingly present on the real property comprising a child
 44  3 care provider, except under one of the following
 44  4 circumstances:
 44  5    a.  The person is transporting a minor who is a child of
 44  6 the person to or from the child care provider.
 44  7    b.  The person is responding to a health or behavioral
 44  8 emergency regarding a minor who is the child of the person.
 44  9    c.  The person has been summoned to discuss the
 44 10 developmental activity or social progress of a minor who is a
 44 11 child of the person.
 44 12    d.  The person is voting in the building in which the child
 44 13 care provider is located during the hours designated to vote.
 44 14    3.  The child care provider's owner or administrator shall
 44 15 provide notice to the parents, guardians, or custodians of the
 44 16 children receiving child care from the child care provider
 44 17 about the presence of a person on the real property comprising
 44 18 the child care provider, as authorized in accordance with
 44 19 subsection 2.
 44 20    4.  A person required to register under this chapter who
 44 21 commits a violation of this section commits an aggravated
 44 22 misdemeanor.
 44 23    Sec. 66.  Section 709.12, unnumbered paragraph 1, Code
 44 24 2007, is amended to read as follows:
 44 25    A person eighteen years of age or older is upon conviction
 44 26 guilty of an aggravated misdemeanor a class "D" felony if the
 44 27 person commits any of the following acts with a child, not the
 44 28 person's spouse, with or without the child's consent, for the
 44 29 purpose of arousing or satisfying the sexual desires of either
 44 30 of them:
 44 31    Sec. 67.  Section 709.14, Code 2007, is amended to read as
 44 32 follows:
 44 33    709.14  LASCIVIOUS CONDUCT WITH A MINOR.
 44 34    1.  It is unlawful for a person over eighteen years of age
 44 35 who is in a position of authority over a minor to force,
 45  1 persuade, or coerce a minor, with or without consent, to
 45  2 disrobe or partially disrobe for the purpose of arousing or
 45  3 satisfying the sexual desires of either of them.
 45  4    2.  Lascivious conduct with a minor as prohibited in
 45  5 subsection 1 is a serious aggravated misdemeanor.
 45  6    Sec. 68.  REAL ESTATE EDUCATION PROGRAM.  There is
 45  7 appropriated from the general fund of the state to the state
 45  8 board of regents for the fiscal year beginning July 1, 2008,
 45  9 and ending June 30, 2009, the following amount, or so much
 45 10 thereof as is necessary, to be used for the purposes
 45 11 designated:
 45 12    For allocation to the university of northern Iowa for the
 45 13 real estate education program:
 45 14 .................................................. $    160,000
 45 15    Notwithstanding section 8.33, moneys appropriated in this
 45 16 section that remain unencumbered or unobligated at the close
 45 17 of the fiscal year shall not revert but shall remain available
 45 18 for expenditure for the purposes designated until the close of
 45 19 the succeeding fiscal year.
 45 20    Sec. 69.  2008 Iowa Acts, Senate File 2420, section 124, is
 45 21 amended by striking the section and inserting in lieu thereof
 45 22 the following:
 45 23    SEC. 124.  Section 423.5, subsection 3, Code 2007, as
 45 24 amended by this division of this Act, is amended to read as
 45 25 follows:
 45 26    3.  The An excise tax at the rate of five percent is
 45 27 imposed on the use of vehicles subject only to the issuance of
 45 28 a certificate of title and the use of manufactured housing,
 45 29 and on the use of leased vehicles, if the lease transaction
 45 30 does not require titling or registration of the vehicle, on
 45 31 the amount subject to tax as calculated pursuant to section
 45 32 423.26, subsection 2.
 45 33    Sec. 70.  INDEPENDENT REDEMPTION CENTER GRANT FUND.  There
 45 34 is appropriated from the general fund of the state to the
 45 35 department of natural resources for the fiscal year beginning
 46  1 July 1, 2008, and ending June 30, 2009, the following amount,
 46  2 or so much thereof as is necessary, to be used for the purpose
 46  3 designated:
 46  4    For deposit in the independent redemption center fund
 46  5 created in section 455C.17, as enacted in this division of
 46  6 this Act:
 46  7 .................................................. $  1,000,000
 46  8    Sec. 71.  2008 Iowa Acts, House File 2663, section 15, if
 46  9 enacted, is amended by striking the section and inserting in
 46 10 lieu thereof the following:
 46 11    SEC. 15.  Section 423E.3, subsections 1 and 4, Code 2007,
 46 12 are amended by striking the subsections.
 46 13    Sec. 72.  PUBLIC SAFETY PEACE OFFICERS' RETIREMENT,
 46 14 ACCIDENT, AND DISABILITY SYSTEM == ADDITIONAL APPROPRIATION
 46 15 FOR PURCHASE OF SERVICE.  If section 97A.10 is amended by the
 46 16 2008 Session of the Eighty=second General Assembly to provide
 46 17 for the purchase of eligible service credit on and after July
 46 18 1, 2008, there shall be appropriated from the general fund of
 46 19 the state to the retirement fund described in section 97A.8 an
 46 20 amount equal to that portion of the actuarial cost of the
 46 21 permissive service credit purchase for eligible service credit
 46 22 that is not required to be contributed by a member making
 46 23 contributions to the system for that purchase.
 46 24    Sec. 73.  APPLICABILITY.  The sections of this division of
 46 25 this Act amending section 21.5, subsection 1, and section
 46 26 22.7, do not apply to any litigation before any court of this
 46 27 state filed prior to July 1, 2008.
 46 28    Sec. 74.  INCOME TAXATION == ACTIVE DUTY MILITARY PAY.
 46 29 Notwithstanding section 422.7, subsection 40, the net income
 46 30 of a member of the national guard who served from August 1,
 46 31 2004, to January 31, 2006, on full=time military duty as a
 46 32 mobilization augmenter in a rear detachment support assignment
 46 33 for a national guard unit deployed pursuant to orders related
 46 34 to Operation Iraqi Freedom, shall be calculated for those tax
 46 35 years as provided in section 422.7 by subtracting, to the
 47  1 extent included, the amount of full=time national guard duty
 47  2 pay received.
 47  3    Sec. 75.  LOW OR MODERATE NET WORTH == DESIGNATED AMOUNT
 47  4 ESTABLISHED.  For the period beginning July 1, 2008, and
 47  5 ending December 31, 2008, the designated amount used to
 47  6 determine a person's aggregate net worth as provided in
 47  7 section 175.2, subsection 1, as amended in this division of
 47  8 this Act, is five hundred thousand dollars.
 47  9    Sec. 76.  CHARTER AGENCY GRANT FUND.  Notwithstanding
 47 10 sections 7J.2 and 8.33 or any other provision of law, moneys
 47 11 appropriated to the department of management from the charter
 47 12 agency grant fund that remain unencumbered or unobligated at
 47 13 the close of the fiscal year beginning July 1, 2007, shall not
 47 14 revert but shall remain available for expenditure for the
 47 15 purposes designated in section 7J.2, Code 2007, until the
 47 16 close of the succeeding fiscal year.  At the close of the
 47 17 succeeding fiscal year, such moneys that remain unencumbered
 47 18 or unobligated shall revert to the general fund of the state.
 47 19    Sec. 77.  EFFECTIVE DATE.  The section of this division of
 47 20 this Act addressing sections 7J.2 and 8.33 and the charter
 47 21 agency grant fund, being deemed of immediate importance, takes
 47 22 effect upon enactment.
 47 23    Sec. 78.  EFFECTIVE DATE == RETROACTIVE APPLICABILITY.  The
 47 24 section of this division of this Act relating to the
 47 25 computation of net income for individual income tax purposes
 47 26 of a member of the national guard who served on full=time
 47 27 military duty as a mobilization augmenter in a rear detachment
 47 28 support assignment for a national guard unit deployed pursuant
 47 29 to orders related to Operation Iraqi Freedom, being deemed of
 47 30 immediate importance, takes effect upon enactment, and applies
 47 31 retroactively to January 1, 2004, for tax years beginning on
 47 32 or after that date but before January 1, 2007.
 47 33    Sec. 79.  EFFECTIVE DATE == RETROACTIVE APPLICABILITY.  The
 47 34 sections of this division of this Act amending section 35A.8,
 47 35 being deemed of immediate importance, take effect upon
 48  1 enactment and are retroactively applicable to July 1, 2007,
 48  2 and are applicable on and after that date.
 48  3    Sec. 80.  RETROACTIVE APPLICABILITY DATE.  The sections of
 48  4 this division of this Act enacting section 422.11V and section
 48  5 422.33, subsection 25, apply retroactively to January 1, 2008,
 48  6 for tax years beginning on or after that date.
 48  7                           DIVISION V
 48  8               STATE AID FOR SCHOOLS == ENROLLMENT
 48  9    Sec. 81.  Section 257.6, subsection 1, paragraph a,
 48 10 subparagraph (5), Code Supplement 2007, is amended to read as
 48 11 follows:
 48 12    (5)  Resident pupils receiving competent private
 48 13 instruction from a licensed practitioner provided through a
 48 14 public school district pursuant to chapter 299A shall be
 48 15 counted as six=tenths three=tenths of one pupil.  School
 48 16 districts shall not spend less than the amount expended for
 48 17 the delivery of home school assistance programming during the
 48 18 fiscal year beginning July 1, 2007, unless there is a decline
 48 19 in enrollment in the program.  If a school district offered a
 48 20 home school assistance program in the fiscal year beginning
 48 21 July 1, 2007, it shall continue to offer a home school
 48 22 assistance program in the fiscal year beginning July 1, 2008,
 48 23 and subsequent fiscal years.  If the school district
 48 24 determines that the expenditures associated with providing
 48 25 competent private instruction pursuant to chapter 299A is in
 48 26 excess of the revenue attributed to the school district's
 48 27 weighted enrollment for such instruction in accordance with
 48 28 this subparagraph, the school district may submit a request to
 48 29 the school budget review committee for modified allowable
 48 30 growth in accordance with section 257.31, subsection 5,
 48 31 paragraph "n".  A home school assistance program shall not
 48 32 provide moneys received pursuant to this subparagraph, nor
 48 33 resources paid for with moneys received pursuant to this
 48 34 subparagraph, to parents or students utilizing the program.
 48 35    Sec. 82.  Section 257.11, subsection 5, Code Supplement
 49  1 2007, is amended by adding the following new paragraph:
 49  2    NEW PARAGRAPH.  n.  Unusual need for additional funds for
 49  3 the costs associated with providing competent private
 49  4 instruction pursuant to chapter 299A.
 49  5    Sec. 83.  Section 299.4, Code Supplement 2007, is amended
 49  6 to read as follows:
 49  7    299.4  REPORTS AS TO PRIVATE INSTRUCTION.
 49  8    1.  The parent, guardian, or legal custodian of a child who
 49  9 is of compulsory attendance age, who places the child under
 49 10 competent private instruction under either section 299A.2 or
 49 11 299A.3, not in an accredited school or a home school
 49 12 assistance program operated by a public school district or
 49 13 accredited nonpublic school, shall furnish a report in
 49 14 duplicate on forms provided by the public school district, to
 49 15 the district by the earliest starting date specified in
 49 16 section 279.10, subsection 1.  The secretary shall retain and
 49 17 file one copy and forward the other copy to the district's
 49 18 area education agency.  The report shall state the name and
 49 19 age of the child, the period of time during which the child
 49 20 has been or will be under competent private instruction for
 49 21 the year, an outline of the course of study, texts used, and
 49 22 the name and address of the instructor.  The parent, guardian,
 49 23 or legal custodian of a child, who is placing the child under
 49 24 competent private instruction for the first time, shall also
 49 25 provide the district with evidence that the child has had the
 49 26 immunizations required under section 139A.8, and, if the child
 49 27 is elementary school age, a blood lead test in accordance with
 49 28 section 135.105D.  The term "outline of course of study" shall
 49 29 include subjects covered, lesson plans, and time spent on the
 49 30 areas of study.
 49 31    2.  A home school assistance program operated by a school
 49 32 district or accredited nonpublic school shall furnish a report
 49 33 on forms provided by the department.  The report shall, at a
 49 34 minimum, state the name and age of the child and the period of
 49 35 time during the school year in which the child has been or
 50  1 will be under competent private instruction by the home school
 50  2 assistance program.
 50  3    Sec. 84.  Section 299A.2, Code 2007, is amended to read as
 50  4 follows:
 50  5    299A.2  COMPETENT PRIVATE INSTRUCTION BY LICENSED
 50  6 PRACTITIONER.
 50  7    If a licensed practitioner provides competent instruction
 50  8 to a child of compulsory attendance age, the practitioner
 50  9 shall possess a valid license or certificate which has been
 50 10 issued by the state board of educational examiners under
 50 11 chapter 272 and which is appropriate to the ages and grade
 50 12 levels of the children to be taught.  Competent private
 50 13 instruction may include, but is not limited to, a home school
 50 14 assistance program which provides instruction or instructional
 50 15 supervision offered through an accredited nonpublic school or
 50 16 public school district by a teacher licensed under chapter
 50 17 272, who is employed by the accredited nonpublic school or
 50 18 public school district, who assists and supervises a parent,
 50 19 guardian, or legal custodian in providing instruction to a
 50 20 child.  If competent private instruction is provided through a
 50 21 public school district, the child shall be enrolled and
 50 22 included in the basic enrollment of the school district as
 50 23 provided in section 257.6.  Sections 299A.3 through 299A.7 do
 50 24 not apply to competent private instruction provided by a
 50 25 licensed practitioner under this section.  However, the
 50 26 reporting requirement contained in section 299A.3, subsection
 50 27 1, shall apply to competent private instruction provided by
 50 28 licensed practitioners that is not part of a home school
 50 29 assistance program offered through an accredited nonpublic
 50 30 school or public school district.
 50 31    Sec. 85.  WEIGHTED ENROLLMENT.  There is appropriated from
 50 32 the general fund of the state to the department of education
 50 33 for the fiscal year beginning July 1, 2008, and ending June
 50 34 30, 2009, the following amount, or so much thereof as is
 50 35 necessary, to be used for the purposes designated:
 51  1    For one=time distribution to those school districts
 51  2 determined by the department to have expenditures associated
 51  3 with providing competent private instruction pursuant to
 51  4 chapter 299A in excess of the revenue attributed to the school
 51  5 district's weighted enrollment for such instruction in
 51  6 accordance with section 257.6, subsection 1, paragraph "a",
 51  7 subparagraph (5), as amended by this Act:
 51  8 .................................................. $    146,000
 51  9    Sec. 86.  BUDGET ADJUSTMENT.  For the budget year beginning
 51 10 July 1, 2008, and ending June 30, 2009, any adjustment in the
 51 11 school district's budget resulting from the amendment to
 51 12 section 257.6 in this division of this Act shall be addressed
 51 13 as provided in section 257.6, subsection 1, paragraph "d"
 51 14 based upon the amendment made to section 257.6, subsection 1,
 51 15 paragraph a, subparagraph (5), and with the budget adjustment
 51 16 being made in the fiscal year beginning July 1, 2008.
 51 17    Sec. 87.  EFFECTIVE DATE.  The section of this division of
 51 18 this Act amending section 257.6, being deemed of immediate
 51 19 importance, takes effect upon enactment.
 51 20                           DIVISION VI
 51 21                        CAMPAIGN FINANCE
 51 22    Sec. 88.  Section 53.10, unnumbered paragraph 3, Code
 51 23 Supplement 2007, is amended to read as follows:
 51 24    During the hours when absentee ballots are available in the
 51 25 office of the commissioner, the posting of political signs is
 51 26 prohibited within three hundred feet of the absentee voting
 51 27 site.  No electioneering shall not be allowed within the sight
 51 28 or hearing of voters at the absentee voting site.
 51 29    Sec. 89.  Section 53.11, subsection 4, Code Supplement
 51 30 2007, is amended to read as follows:
 51 31    4.  During the hours when absentee ballots are available at
 51 32 a satellite absentee voting station, the posting of political
 51 33 signs is prohibited within three hundred feet of the satellite
 51 34 absentee voting station.  Electioneering electioneering shall
 51 35 not be allowed within the sight or hearing of voters at the
 52  1 satellite absentee voting station.
 52  2    Sec. 90.  Section 68A.404, subsection 1, Code 2007, is
 52  3 amended to read as follows:
 52  4    1.  As used in this section, "independent expenditure"
 52  5 means one or more expenditures in excess of seven hundred
 52  6 fifty one hundred dollars in the aggregate for a communication
 52  7 that expressly advocates the nomination, election, or defeat
 52  8 of a clearly identified candidate or the passage or defeat of
 52  9 a ballot issue that is made without the prior approval or
 52 10 coordination with a candidate, candidate's committee, or a
 52 11 ballot issue committee.
 52 12    Sec. 91.  Section 68A.404, subsection 3, paragraph a, Code
 52 13 2007, is amended to read as follows:
 52 14    a.  An independent expenditure statement shall be filed
 52 15 within forty=eight hours of the making of an independent
 52 16 expenditure in excess of seven hundred fifty one hundred
 52 17 dollars in the aggregate.
 52 18    Sec. 92.  Section 68A.406, Code Supplement 2007, is amended
 52 19 to read as follows:
 52 20    68A.406  CAMPAIGN SIGNS == YARD SIGNS.
 52 21    1.  Campaign signs may be placed with the permission of the
 52 22 property owner or lessee on any of the following:
 52 23    a.  Residential property.
 52 24    b.  Agricultural land owned by individuals or by a family
 52 25 farm operation as defined in section 9H.1, subsections 8, 9,
 52 26 and 10.
 52 27    c.  Property leased for residential purposes including, but
 52 28 not limited to, apartments, condominiums, college housing
 52 29 facilities, and houses if placed only on leased property space
 52 30 that is actually occupied.
 52 31    d.  Vacant lots owned by a private individual person who is
 52 32 not a prohibited contributor under section 68A.503.
 52 33    e.  Property owned by an organization that is not a
 52 34 prohibited contributor under section 68A.503.
 52 35    f.  Property leased by a candidate, committee, or an
 53  1 organization established to advocate the nomination, election,
 53  2 or defeat of a candidate or the passage or defeat of a ballot
 53  3 issue that has not yet registered pursuant to section 68A.201,
 53  4 when the property is used as campaign headquarters or a
 53  5 campaign office and the placement of the sign is limited to
 53  6 the space that is actually leased.
 53  7    2.  a.  Campaign signs shall not be placed on any of the
 53  8 following:
 53  9    a.  (1)  Any property owned by the state or the governing
 53 10 body of a county, city, or other political subdivision of the
 53 11 state, including all property considered the public
 53 12 right=of=way.  Upon a determination by the board that a sign
 53 13 has been improperly placed, the sign shall be removed by
 53 14 highway authorities as provided in section 318.5, or by county
 53 15 or city law enforcement authorities in a manner consistent
 53 16 with section 318.5.
 53 17    b.  (2)  Property owned, leased, or occupied by a
 53 18 prohibited contributor under section 68A.503 unless the sign
 53 19 advocates the passage or defeat of a ballot issue or is
 53 20 exempted under subsection 1.
 53 21    c.  (3)  On any property without the permission of the
 53 22 property owner or lessee.
 53 23    d.  (4)  On election day either on the premises of any
 53 24 polling place or within three hundred feet of any outside door
 53 25 of any building affording access to any room where the polls
 53 26 are held, or of any outside door of any building affording
 53 27 access to any hallway, corridor, stairway, or other means of
 53 28 reaching the room where the polls are held.
 53 29    e.  (5)  Within On the premises of or within three hundred
 53 30 feet of any outside door of any building affording access to
 53 31 an absentee voting site during the hours when absentee ballots
 53 32 are available in the office of the county commissioner of
 53 33 elections as provided in section 53.10.
 53 34    f.  (6)  Within On the premises of or within three hundred
 53 35 feet of any outside door of any building affording access to a
 54  1 satellite absentee voting station during the hours when
 54  2 absentee ballots are available at the satellite absentee
 54  3 voting station as provided in section 53.11.
 54  4    b.  Paragraphs "d", "e", and "f" Paragraph "a",
 54  5 subparagraphs (4), (5), and (6) shall not apply to the posting
 54  6 of signs on private property not a polling place, except that
 54  7 the placement of a sign on a motor vehicle, trailer, or
 54  8 semitrailer, or any attachment to a motor vehicle, trailer, or
 54  9 semitrailer parked on public property within three hundred
 54 10 feet of any outside door of any building affording access to
 54 11 any room serving as a polling place, which sign is more than
 54 12 ninety square inches in size, is prohibited.
 54 13    3.  Campaign signs with dimensions of thirty=two square
 54 14 feet or less are exempt from the attribution statement
 54 15 requirement in section 68A.405.  Campaign signs in excess of
 54 16 thirty=two square feet, or signs that are affixed to buildings
 54 17 or vehicles regardless of size except for bumper stickers, are
 54 18 required to include the attribution statement required by
 54 19 section 68A.405.  The placement or erection of campaign signs
 54 20 shall be exempt from the requirements of chapter 480 relating
 54 21 to underground facilities information.
 54 22                          DIVISION VII
 54 23                      CORRECTIVE PROVISIONS
 54 24    Sec. 93.  Section 15.104, subsection 9, paragraph a, if
 54 25 enacted by 2008 Iowa Acts, House File 2450, section 6, is
 54 26 amended to read as follows:
 54 27    a.  FINANCIAL ASSISTANCE PROGRAMS.  Data on all assistance
 54 28 provided to business finance projects under the community
 54 29 economic betterment program established in section 15.317,
 54 30 eligible businesses under the high quality job creation
 54 31 program described in section 15.326, and eligible facilities
 54 32 under the value=added agricultural products and processes
 54 33 financial assistance program established in section 15E.111.
 54 34    Sec. 94.  Section 20.9, subsection 1, paragraph n, if
 54 35 enacted by 2008 Iowa Acts, House File 2645, is amended to read
 55  1 as follows:
 55  2    n.  Evaluation procedures, including the frequency of
 55  3 evaluations, the method of evaluation, evaluation forms and
 55  4 other evaluation instruments, evaluation criteria, the
 55  5 purposes for and use of evaluations, and remedial and employee
 55  6 performances performance improvement plans and procedures.
 55  7    Sec. 95.  Section 87.4, unnumbered paragraph 2, Code 2007,
 55  8 as amended by 2008 Iowa Acts, Senate File 2337, section 1, if
 55  9 enacted, is amended to read as follows:
 55 10    A self=insurance association formed under this section and
 55 11 an association comprised of cities or counties, or both, or
 55 12 the association of county Iowa fairs or a fair as defined in
 55 13 section 174.1, or community colleges as defined in section
 55 14 260C.2 or school corporations, or both, or other political
 55 15 subdivisions, which have entered into an agreement under
 55 16 chapter 28E for the purpose of establishing a self=insured
 55 17 program for the payment of workers' compensation benefits are
 55 18 exempt from taxation under section 432.1.
 55 19    Sec. 96.  Section 87.4, unnumbered paragraph 4, Code 2007,
 55 20 as amended by 2008 Iowa Acts, Senate File 2337, section 1, if
 55 21 enacted, is amended to read as follows:
 55 22    A self=insured program for the payment of workers'
 55 23 compensation benefits established by an association comprised
 55 24 of cities or counties, or both, or the association of county
 55 25 Iowa fairs or a fair as defined in section 174.1, or community
 55 26 colleges, as defined in section 260C.2, or other political
 55 27 subdivisions, which have entered into an agreement under
 55 28 chapter 28E, is not insurance, and is not subject to
 55 29 regulation under chapters 505 through 523C.  Membership in
 55 30 such an association together with payment of premiums due
 55 31 relieves the member from obtaining insurance as required in
 55 32 section 87.1.  Such an association is not required to submit
 55 33 its plan or program to the commissioner of insurance for
 55 34 review and approval prior to its implementation and is not
 55 35 subject to rules or rates adopted by the commissioner relating
 56  1 to workers' compensation group self=insurance programs.  Such
 56  2 a program is deemed to be in compliance with this chapter.
 56  3    Sec. 97.  Section 144C.3, subsection 4, as enacted by 2008
 56  4 Iowa Acts, Senate File 473, section 8, is amended to read as
 56  5 follows:
 56  6    4.  A funeral director, an attorney, or any agent, owner,
 56  7 or employee of a funeral establishment, cremation
 56  8 establishment, cemetery, elder group home, assisted living
 56  9 program facility, adult day services program, or licensed
 56 10 hospice program, or attorney, or any agent, owner, or employee
 56 11 of such an entity, shall not serve as a designee unless
 56 12 related to the declarant within the third degree of
 56 13 consanguinity.
 56 14    Sec. 98.  Section 261.7, subsections 2 and 3, if enacted by
 56 15 2008 Iowa Acts, House File 2197, section 1, are amended to
 56 16 read as follows:
 56 17    2.  The general assembly recommends that every public and
 56 18 private institution for of higher education in this state,
 56 19 including those institutions referenced in chapters 260C and
 56 20 262 and section 261.9, post the list of required and suggested
 56 21 textbooks for all courses and the corresponding international
 56 22 standard book numbers for such textbooks at least fourteen
 56 23 days before the start of each semester or term, to the extent
 56 24 possible, at the locations where textbooks are sold on campus
 56 25 and on the web site for the respective institution for of
 56 26 higher education.
 56 27    3.  The college student aid commission is directed to
 56 28 convey the legislative intent and recommendation contained in
 56 29 this section to every institution for of higher education in
 56 30 the state registered pursuant to chapter 261B at least once a
 56 31 year.
 56 32    Sec. 99.  Section 279.15A, subsection 2, if enacted by 2008
 56 33 Iowa Acts, House File 2645, is amended to read as follows:
 56 34    2.  If the teacher requests a private meeting, the board
 56 35 shall, within five days of the receipt of the request, deliver
 57  1 to the teacher, in writing, notice of declination to meet with
 57  2 the teacher, or notice of a time and place for the meeting
 57  3 with the board which meeting shall be exempt from the
 57  4 requirements of chapter 21.  If the board declines to meet
 57  5 with the teacher, the parties shall immediately proceed under
 57  6 section 279.16.  The private meeting, if agreed to by the
 57  7 board, shall be held no later than fifteen days from receipt
 57  8 of the request for the private meeting.  At the meeting, the
 57  9 superintendent shall have the opportunity to discuss with the
 57 10 board the reasons for the issuance of the notice.  The
 57 11 teacher, or the teacher's representative, shall be given an
 57 12 opportunity to respond.  At the conclusion of the meeting, the
 57 13 board of directors and the teacher may enter into a mutually
 57 14 agreeable resolution to the recommendation of termination.  If
 57 15 no resolution is reached by the parties, the board shall
 57 16 immediately meet in open session, and, by majority roll call
 57 17 vote, either reject or support the superintendent's
 57 18 recommendation.  If the recommendation is rejected, the
 57 19 teacher's continuing contract shall remain in force and
 57 20 effect.  If the recommendation is supported, the parties shall
 57 21 immediately proceed under section 279.16.
 57 22    Sec. 100.  Section 321.23, subsection 3, Code 2007, as
 57 23 amended by 2008 Iowa Acts, Senate File 2420, section 53, is
 57 24 amended to read as follows:
 57 25    3.  In the event an applicant for registration of a foreign
 57 26 vehicle for which a certificate of title has been issued is
 57 27 able to furnish evidence of being the registered owner of the
 57 28 vehicle to the county treasurer of the owner's residence,
 57 29 although unable to surrender such certificate of title, the
 57 30 county treasurer may issue a registration receipt and plates
 57 31 upon receipt of the required annual registration fee and the
 57 32 fee for new registration fee but shall not issue a certificate
 57 33 of title thereto.  Upon surrender of the certificate of title
 57 34 from the foreign state, the county treasurer shall issue a
 57 35 certificate of title to the owner, or person entitled thereto,
 58  1 of such vehicle as provided in this chapter.  The owner of a
 58  2 vehicle registered under this subsection shall not be required
 58  3 to obtain a certificate of title in this state and may
 58  4 transfer ownership of the vehicle to a motor vehicle dealer
 58  5 licensed under chapter 322 if, at the time of the transfer,
 58  6 the certificate of title is held by a secured party and the
 58  7 dealer has forwarded to the secured party the sum necessary to
 58  8 discharge the security interest pursuant to section 321.48,
 58  9 subsection 1.
 58 10    Sec. 101.  Section 321.105A, subsection 2, paragraph c,
 58 11 subparagraph (27), as enacted by 2008 Iowa Acts, Senate File
 58 12 2420, section 40, is amended to read as follows:
 58 13    (27)  A vehicle repossessed by a financial institution or
 58 14 an individual by means of a foreclosure affidavit pursuant to
 58 15 the uniform commercial code, chapter 554, provided there is a
 58 16 valid lien on the vehicle and the foreclosure affidavit is
 58 17 used for the sole purpose of retaining possession of the
 58 18 vehicle until a new buyer is found.  However, if the financial
 58 19 institution or individual uses the foreclosure affidavit to
 58 20 take title to the vehicle and register the vehicle, the fee
 58 21 for new registration fee shall be due based on the outstanding
 58 22 loan amount on the vehicle.
 58 23    Sec. 102.  Section 476.44A, if enacted by 2008 Iowa Acts,
 58 24 Senate File 2386, section 6, is amended to read as follows:
 58 25    Sec. 106.  NEW SECTION.  476.44A  TRADING OF CREDITS.
 58 26    The board may establish or participate in a program to
 58 27 track, record, and verify the trading of credits for or
 58 28 attributes relating to electricity generated from alternative
 58 29 energy production facilities or renewable energy sources among
 58 30 electric generators, utilities, and other interested entities,
 58 31 within this state and with similar entities in other states.
 58 32    Sec. 103.  Section 508E.8, subsection 1, paragraphs i and
 58 33 k, if enacted by 2008 Iowa Acts, Senate File 2392, section 8,
 58 34 are amended to read as follows:
 58 35    i.  Disclosure to a viator shall include distribution of a
 59  1 brochure describing the process of viatical settlements.  The
 59  2 national association of insurance commissioners form for the
 59  3 brochure shall be used unless another form is developed or and
 59  4 approved by the commissioner.
 59  5    k.  Following execution of a viatical contract, the insured
 59  6 may be contacted for the purpose of determining the insured's
 59  7 health status and to confirm the insured's residential or
 59  8 business street address and telephone number, or as otherwise
 59  9 provided in this chapter.  This contact shall be limited to
 59 10 once every three months if the insured has a life expectancy
 59 11 of more than one year, and no more than once per month if the
 59 12 insured has a life expectancy of one year or less.  All such
 59 13 contracts contacts shall be made only by a duly licensed
 59 14 viatical settlement provider or by the authorized
 59 15 representative of a duly licensed viatical settlement
 59 16 provider.
 59 17    Sec. 104.  Section 633A.2301, Code 2007, as amended by 2008
 59 18 Iowa Acts, Senate File 2350, section 21, if enacted, is
 59 19 amended to read as follows:
 59 20    633A.2301  RIGHTS OF BENEFICIARY, CREDITOR, AND ASSIGNEE.
 59 21    To the extent a beneficiary's interest is not subject to a
 59 22 spendthrift provision, and subject to sections 633A.2305 and
 59 23 633.2306 633A.2306, the court may authorize a creditor or
 59 24 assignee of the beneficiary to reach the beneficiary's
 59 25 interest by levy, attachment, or execution of present or
 59 26 future distributions to or for the benefit of the beneficiary
 59 27 or other means.
 59 28    Sec. 105.  Section 670.7, subsection 4, if enacted by 2008
 59 29 Iowa Acts, Senate File 2337, section 3, is amended to read as
 59 30 follows:
 59 31    4.  The association of county Iowa fairs or a fair as
 59 32 defined in section 174.1, or a fair, shall be deemed to be a
 59 33 municipality as defined in this chapter only for the purpose
 59 34 of joining a local government risk pool as provided in this
 59 35 section.
 60  1    Sec. 106.  Section 714E.2, subsection 2, if enacted by 2008
 60  2 Iowa Acts, House File 2653, section 2, is amended to read as
 60  3 follows:
 60  4    2.  The following notice, printed in at least fourteen
 60  5 point boldface type and completed with the name of the
 60  6 foreclosure consultant, must be printed immediately above the
 60  7 notice of cancellation statement required pursuant to section
 60  8 714E.3:
 60  9 NOTICE REQUIRED BY IOWA LAW
 60 10 ......................... (name) or anyone working for
 60 11 him or her ......................... (name) CANNOT:
 60 12    (1)  Take any money from you or ask you for money until
 60 13 ......................... (name) has completely finished
 60 14 doing everything he or she ......................... (name) said
 60 15 he or she ......................... (name) would do; and
 60 16    (2)  Ask you to sign or have you sign any lien, mortgage,
 60 17 or real estate contract.
 60 18    Sec. 107.  2008 Iowa Acts, House File 2103, section 1, is
 60 19 amended by striking the section and inserting in lieu thereof
 60 20 the following:
 60 21    SECTION 1.  Section 261.1, subsections 3 and 4, Code 2007,
 60 22 are amended to read as follows:
 60 23    3.  a.  A member Two members of the senate, one to be
 60 24 appointed by the president of the senate, after consultation
 60 25 with the majority leader and one to be appointed by the
 60 26 minority leader of the senate, to serve as an ex officio,
 60 27 nonvoting member for a term of four years beginning on July 1
 60 28 of the year of appointment members.
 60 29    4.  b.  A member Two members of the house of
 60 30 representatives, one to be appointed by the speaker of the
 60 31 house of representatives and one to be appointed by the
 60 32 minority leader of the house of representatives, to serve as
 60 33 an ex officio, nonvoting member for a term of four years
 60 34 beginning on July 1 of the year of appointment members.
 60 35    c.  The members of the senate and house of representatives
 61  1 shall serve at the pleasure of the appointing legislator for a
 61  2 term beginning upon the convening of the general assembly and
 61  3 expiring upon the convening of the following general assembly,
 61  4 or when the appointee's successor is appointed, whichever
 61  5 occurs later.
 61  6    Sec. 108.  2008 Iowa Acts, House File 2555, section 18, is
 61  7 amended by striking the section and inserting in lieu thereof
 61  8 the following:
 61  9    SEC. 18.  NEW SECTION.  508E.20  PUBLIC RECORDS.
 61 10    All information filed with the commissioner pursuant to the
 61 11 requirements of this chapter and its implementing rules shall
 61 12 constitute a public record that is open for public inspection
 61 13 except as otherwise provided in this chapter.
 61 14    Sec. 109.  2008 Iowa Acts, House File 2651, section 40, if
 61 15 enacted, is amended to read as follows:
 61 16    SEC. 40.  EFFECTIVE DATE DATES.
 61 17    1.  The sections of this Act amending sections 321E.8,
 61 18 321E.9, 321E.14, and 322.7A, the section enacting section
 61 19 321E.9B, and the section repealing 2007 Iowa Acts, chapter
 61 20 167, being deemed of immediate importance, take effect upon
 61 21 enactment.
 61 22    2.  The section of this Act amending section 321.115,
 61 23 subsection 1, as enacted in 2007 Iowa Acts, chapter 143,
 61 24 section 12, takes effect January 1, 2009.
 61 25    Sec. 110.  2008 Iowa Acts, Senate File 2316, section 10, is
 61 26 amended to read as follows:
 61 27    SEC. 10.  Sections 540A.1, 540A.2, 540A.3, 540A.4, 540A.5,
 61 28 540A.6, 540A.7, 540A.8, and 540A.9, Code 2007, are repealed.
 61 29    Sec. 111.  2008 Iowa Acts, Senate File 2347, section 9, is
 61 30 amended to read as follows:
 61 31    SEC. 9.  EMERGENCY RULES.  The secretary of state may adopt
 61 32 emergency rules under section 17A.1 17A.4, subsection 2, and
 61 33 section 17A.5, subsection 2, paragraph "b", to implement the
 61 34 provisions of this Act relating to optical scan voting
 61 35 systems, and the rules shall be effective immediately upon
 62  1 filing unless a later date is specified in the rules.  Any
 62  2 rules adopted in accordance with this section shall also be
 62  3 published as a notice of intended action as provided in
 62  4 section 17A.4.
 62  5    Sec. 112.  2008 Iowa Acts, Senate File 2349, section 8, is
 62  6 amended by striking the section and inserting in lieu thereof
 62  7 the following:
 62  8    SEC. 8.  Section 523A.601, subsection 6, paragraph a, Code
 62  9 Supplement 2007, is amended to read as follows:
 62 10    a.  A purchase agreement that is funded by a trust shall
 62 11 include a conspicuous statement in language substantially
 62 12 similar to the following language:
 62 13    "For your prearranged funeral agreement, we will deposit
 62 14 not less than eighty percent of your payments in trust at
 62 15 (name of financial institution), (street address), (city),
 62 16 (state) (zip code) within fifteen days following receipt of
 62 17 the funds.  For your protection, you have the right to contact
 62 18 will be notified within sixty days from the date of deposit
 62 19 from the financial institution directly, if acting as a
 62 20 trustee of trust funds under this chapter, to confirm that the
 62 21 deposit of these funds occurred has been made establishing a
 62 22 trust fund as required by law.  If you are unable to confirm
 62 23 the deposit of these funds in trust do not receive this
 62 24 notification, you may contact the Iowa insurance division for
 62 25 assistance by calling the insurance division at (telephone
 62 26 number) or by mail at (street address), (city), Iowa (zip
 62 27 code), or you may contact the financial institution by calling
 62 28 the financial institution at (telephone number) or by mail at
 62 29 the address indicated above."
 62 30 HF 2700
 62 31 mg/jg/25