House File 2531 - Reprinted HOUSE FILE 2531 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 741) (As Amended and Passed by the House March 25, 2010) A BILL FOR An Act relating to state and local finances by providing for 1 funding of property tax credits and reimbursements, by 2 making, increasing, and reducing appropriations, providing 3 for salaries and compensation of state employees, providing 4 for matters relating to tax credits, providing for fees 5 and penalties, and providing for properly related matters, 6 and including effective date and retroactive applicability 7 provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 HF 2531 ( 10 ) 83 tm/jp/mb
H.F. 2531 DIVISION I 1 MH/MR/DD SERVICES ALLOWED GROWTH FUNDING —— FY 2011-2012 2 Section 1. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING 3 —— FY 2011-2012. Notwithstanding section 331.439, subsection 4 3, the allowed growth factor adjustment for county mental 5 health, mental retardation, and developmental disabilities 6 service expenditures for the fiscal year beginning July 7 1, 2011, shall be established by statute which shall be 8 enacted within thirty calendar days of the convening of the 9 Eighty-fourth General Assembly, 2011 Session, on January 10, 10 2011. The governor shall submit to the general assembly a 11 recommendation for such allowed growth factor adjustment and 12 the amounts of related appropriations to the general assembly 13 on or before January 11, 2011. 14 DIVISION II 15 STANDING APPROPRIATIONS 16 AND RELATED MATTERS 17 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2011-2012. 18 1. For the budget process applicable to the fiscal year 19 beginning July 1, 2011, on or before October 1, 2010, in lieu 20 of the information specified in section 8.23, subsection 1, 21 unnumbered paragraph 1, and paragraph “a”, all departments and 22 establishments of the government shall transmit to the director 23 of the department of management, on blanks to be furnished by 24 the director, estimates of their expenditure requirements, 25 including every proposed expenditure, for the ensuing fiscal 26 year, together with supporting data and explanations as called 27 for by the director of the department of management after 28 consultation with the legislative services agency. 29 2. The estimates of expenditure requirements shall be 30 in a form specified by the director of the department of 31 management, and the expenditure requirements shall include all 32 proposed expenditures and shall be prioritized by program or 33 the results to be achieved. The estimates shall be accompanied 34 by performance measures for evaluating the effectiveness of the 35 -1- HF 2531 ( 10 ) 83 tm/jp/mb 1/ 46
H.F. 2531 programs or results. 1 Sec. 3. GENERAL ASSEMBLY. 2 1. The appropriations made pursuant to section 2.12 for the 3 expenses of the general assembly and legislative agencies for 4 the fiscal year beginning July 1, 2010, and ending June 30, 5 2011, are reduced by the following amount: 6 .................................................. $ 5,939,790 7 2. The budgeted amounts for the general assembly for the 8 fiscal year beginning July 1, 2010, may be adjusted to reflect 9 unexpended budgeted amounts from the previous fiscal year. 10 Sec. 4. LIMITATION OF STANDING APPROPRIATIONS. 11 Notwithstanding the standing appropriations in the following 12 designated sections for the fiscal year beginning July 1, 2010, 13 and ending June 30, 2011, the amounts appropriated from the 14 general fund of the state pursuant to these sections for the 15 following designated purposes shall not exceed the following 16 amounts: 17 1. For operational support grants and community cultural 18 grants under section 99F.11, subsection 3, paragraph “d”, 19 subparagraph (1): 20 .................................................. $ 443,300 21 2. For regional tourism marketing under section 99F.11, 22 subsection 3, paragraph “d”, subparagraph (2): 23 .................................................. $ 862,028 24 3. For the center for congenital and inherited disorders 25 central registry under section 144.13A, subsection 4, paragraph 26 “a”: 27 .................................................. $ 182,044 28 4. For primary and secondary child abuse prevention 29 programs under section 144.13A, subsection 4, paragraph “a”: 30 .................................................. $ 217,772 31 5. For programs for at-risk children under section 279.51: 32 .................................................. $ 11,493,891 33 The amount of any reduction in this subsection shall be 34 prorated among the programs specified in section 279.51, 35 -2- HF 2531 ( 10 ) 83 tm/jp/mb 2/ 46
H.F. 2531 subsection 1, paragraphs “a”, “b”, and “c”. 1 6. For payment for nonpublic school transportation under 2 section 285.2: 3 .................................................. $ 7,060,931 4 If total approved claims for reimbursement for nonpublic 5 school pupil transportation exceed the amount appropriated in 6 accordance with this subsection, the department of education 7 shall prorate the amount of each approved claim. 8 7. For mental health, mental retardation, and developmental 9 disabilities services property tax relief under section 426B.1, 10 subsection 2, as amended in this division of this Act: 11 .................................................. $ 81,199,911 12 8. For the enforcement of chapter 453D relating to tobacco 13 product manufacturers under section 453D.8: 14 .................................................. $ 19,591 15 9. For the Iowa power fund under section 469.10, subsection 16 1: 17 .................................................. $ 19,600,000 18 Sec. 5. STATE FOUNDATION AID FOR SCHOOLS —— FY 2010-2011. 19 Notwithstanding the standing appropriation in section 257.16, 20 subsection 1, for state foundation aid for the fiscal year 21 beginning July 1, 2010, and ending June 30, 2011, the amount 22 appropriated from the general fund of the state pursuant to 23 that section for the following designated purpose shall not 24 exceed the following amount: 25 For state foundation aid under section 257.16, subsection 1: 26 ............................................... $ 2,494,057,875 27 1. Of the amount designated in this section for state 28 foundation aid, $314,894,787 is allocated for the teacher 29 salary supplements, the professional development supplements, 30 and the early intervention supplement in accordance with 31 section 257.10, subsections 9 through 11, and section 257.37A. 32 The department of management may adjust the amount allocated 33 pursuant to this subsection in order to reflect any differences 34 resulting from the budget certification process. 35 -3- HF 2531 ( 10 ) 83 tm/jp/mb 3/ 46
H.F. 2531 2. If the remaining balance of the moneys designated in 1 this section, after the allocation made in subsection 1, is 2 less than the amount required to pay the remainder of state 3 foundation aid pursuant to section 257.16, subsection 1, the 4 difference shall be deducted from the payments to each school 5 district and area education agency in the manner provided in 6 section 257.16, subsection 4. 7 Sec. 6. INSTRUCTIONAL SUPPORT STATE AID. Notwithstanding 8 the standing appropriation provided under section 257.20, 9 an appropriation from the general fund of the state to the 10 department of education for the fiscal year beginning July 1, 11 2010, and ending June 30, 2011, shall not be made for purposes 12 of paying instructional support state aid. 13 Sec. 7. VETERANS HOME MEDICAL CLINIC. Of moneys received 14 on or after July 1, 2009, by the Iowa veterans home from 15 the federal government relating to the costs to improve and 16 renovate a medical clinic at the home in a previous fiscal 17 year, the first $727,000 shall be credited to the general fund 18 of the state on or after July 1, 2010. 19 Sec. 8. PROPERTY TAX CREDIT FUND —— PAYMENTS IN LIEU OF 20 GENERAL FUND REIMBURSEMENT. 21 1. a. A property tax credit fund shall be created in the 22 office of the treasurer of state to be used for the purposes of 23 this section. 24 b. There is appropriated from the general fund of the state 25 to the property tax credit fund created in paragraph “a” for 26 the fiscal year beginning July 1, 2010, and ending June 30, 27 2011, the sum of $91,256,037. 28 c. Notwithstanding the requirements in section 8.56, 29 subsections 3 and 4, there is appropriated from the cash 30 reserve fund to the property tax credit fund created in 31 paragraph “a” for the fiscal year beginning July 1, 2010, and 32 ending June 30, 2011, the sum of $54,684,481. 33 d. Notwithstanding section 8.33, the surplus existing 34 in the property tax credit fund created pursuant to 2009 35 -4- HF 2531 ( 10 ) 83 tm/jp/mb 4/ 46
H.F. 2531 Iowa Acts, chapter 179, section 9, at the conclusion of the 1 fiscal year beginning July 1, 2009, and ending June 30, 2010, 2 is transferred to the property tax credit fund created in 3 paragraph “a”. 4 2. In lieu of the appropriations in the following designated 5 sections, for the fiscal year beginning July 1, 2010, and 6 ending June 30, 2011, there is appropriated from the property 7 tax credit fund the following amounts for the following 8 designated purposes: 9 a. For reimbursement for the homestead property tax credit 10 under section 425.1: 11 .................................................. $ 87,757,913 12 b. For reimbursement for the family farm and agricultural 13 land tax credits under sections 425A.1 and 426.1: 14 .................................................. $ 32,395,131 15 c. For reimbursement for the military service tax credit 16 under section 426A.1A: 17 .................................................. $ 2,400,000 18 d. For implementing the elderly and disabled tax credit and 19 reimbursement pursuant to sections 425.16 through 425.39: 20 .................................................. $ 23,400,000 21 If the director of revenue determines that the amount 22 of claims for credit for property taxes due pursuant to 23 paragraphs “a”, “b”, “c”, and “d”, plus the amount of claims 24 for reimbursement for rent constituting property taxes paid 25 which are to be paid during the fiscal year may exceed the 26 total amount appropriated, the director shall estimate the 27 percentage of the credits and reimbursements which will be 28 funded by the appropriation. The county treasurer shall notify 29 the director of the amount of property tax credits claimed by 30 June 8, 2010. The director shall estimate the percentage of 31 the property tax credits and rent reimbursement claims that 32 will be funded by the appropriation and notify the county 33 treasurer of the percentage estimate by June 15, 2010. The 34 estimated percentage shall be used in computing for each claim 35 -5- HF 2531 ( 10 ) 83 tm/jp/mb 5/ 46
H.F. 2531 the amount of property tax credit and reimbursement for rent 1 constituting property taxes paid for that fiscal year. If 2 the director overestimates the percentage of funding, claims 3 for reimbursement for rent constituting property taxes paid 4 shall be paid until they can no longer be paid at the estimated 5 percentage of funding. Rent reimbursement claims filed after 6 that point in time shall receive priority and shall be paid in 7 the following fiscal year. 8 Sec. 9. PERFORMANCE OF DUTY. There is appropriated from 9 the cash reserve fund created in section 8.56 to the executive 10 council for the fiscal year beginning July 1, 2010, and ending 11 June 30, 2011, the following amount, or so much thereof as is 12 necessary, to be used for the purposes designated: 13 For performance of duty by the executive council in sections 14 7D.29 and 29C.20: 15 .................................................. $ 10,583,628 16 The funding from the appropriation made in this section 17 shall be utilized before any funding from the general fund of 18 the state. 19 Sec. 10. CASH RESERVE FUND APPROPRIATION 20 REQUIREMENTS. Section 8.56, subsections 3 and 4, shall 21 not apply to any appropriation made in this division or any 22 other division of this Act from the cash reserve fund created 23 in section 8.56. 24 Sec. 11. CASH RESERVE FUND APPROPRIATION FOR FISCAL YEAR 25 2010-2011. For the fiscal year beginning July 1, 2010, and 26 ending June 30, 2011, the appropriation to the cash reserve 27 fund provided in section 8.57, subsection 1, paragraph “a”, 28 shall not be made. 29 Sec. 12. Section 426B.1, subsections 2 and 3, Code 2009, are 30 amended to read as follows: 31 2. There is appropriated on July 1 of each fiscal year 32 to the property tax relief fund from the general fund of 33 the state, ninety-five eighty-eight million four hundred 34 thousand dollars. 35 -6- HF 2531 ( 10 ) 83 tm/jp/mb 6/ 46
H.F. 2531 3. There is annually appropriated from the property tax 1 relief fund to the department of human services to supplement 2 the medical assistance appropriation for the fiscal year 3 beginning July 1, 1997, and for succeeding fiscal years, 4 six million six hundred thousand dollars to be used for the 5 nonfederal share of the costs of services provided to minors 6 with mental retardation under the medical assistance program 7 to meet the requirements of section 249A.12, subsection 4 . 8 The appropriation in this subsection shall be charged to the 9 property tax relief fund prior to the distribution of moneys 10 from the fund under section 426B.2 and the amount of moneys 11 available for distribution shall be reduced accordingly. 12 However, the appropriation in this subsection shall be 13 considered to be a property tax relief payment for purposes 14 of the combined amount of payments required to achieve fifty 15 percent of the counties’ base year expenditures as provided in 16 section 426B.2, subsection 2 . 17 CASH RESERVE FUND —— PERFORMANCE OF DUTY 18 Sec. 13. 2009 Iowa Acts, chapter 179, section 10, is amended 19 by adding the following new unnumbered paragraph: 20 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 8.33, 21 moneys appropriated in this section that remain unencumbered or 22 unobligated at the close of the fiscal year shall not revert 23 but shall remain available for expenditure for the purposes 24 designated until the close of the succeeding fiscal year. 25 Sec. 14. EFFECTIVE DATES AND RETROACTIVE APPLICABILITY. 26 1. The section of this division of this Act providing for 27 crediting of certain moneys received by the Iowa veterans home 28 to the general fund of the state, being deemed of immediate 29 importance, takes effect upon enactment and is retroactively 30 applicable to July 1, 2009, and is applicable on and after that 31 date. 32 2. The section of this division of this Act creating the 33 property tax credit fund, being deemed of immediate importance, 34 takes effect upon enactment. 35 -7- HF 2531 ( 10 ) 83 tm/jp/mb 7/ 46
H.F. 2531 3. The section of this division of this Act amending 2009 1 Iowa Acts, chapter 179, section 10, being deemed of immediate 2 importance, takes effect upon enactment. 3 DIVISION III 4 SALARIES, COMPENSATION, AND RELATED MATTERS 5 Sec. 15. APPOINTED STATE OFFICERS. 6 1. The governor shall establish a salary for appointed 7 nonelected persons in the executive branch of state government 8 holding a position enumerated in and within the salary 9 ranges provided in 2008 Iowa Acts, chapter 1191, section 14, 10 by considering, among other items, the experience of the 11 individual in the position, changes in the duties of the 12 position, the incumbent’s performance of assigned duties, and 13 subordinates’ salaries. However, the attorney general shall 14 establish the salary for the consumer advocate, the chief 15 justice of the supreme court shall establish the salary for the 16 state court administrator, the ethics and campaign disclosure 17 board shall establish the salary of the executive director, and 18 the Iowa public broadcasting board shall establish the salary 19 of the administrator of the public broadcasting division of the 20 department of education, each within the salary range provided 21 in 2008 Iowa Acts, chapter 1191, section 14. 22 2. The governor, in establishing salaries as provided in 23 this section, shall take into consideration other employee 24 benefits which may be provided for an individual including but 25 not limited to housing. 26 3. A person whose salary is established pursuant to this 27 section and who is a full-time, year-round employee of the 28 state shall not receive any other remuneration from the state 29 or from any other source for the performance of that person’s 30 duties unless the additional remuneration is first approved by 31 the governor or authorized by law. However, this provision 32 does not exclude the reimbursement for necessary travel and 33 expenses incurred in the performance of duties or fringe 34 benefits normally provided to employees of the state. 35 -8- HF 2531 ( 10 ) 83 tm/jp/mb 8/ 46
H.F. 2531 Sec. 16. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The 1 various state departments, boards, commissions, councils, 2 and agencies, including the state board of regents, for 3 the fiscal year beginning July 1, 2010, and ending June 30, 4 2011, shall provide from available sources pay adjustments, 5 expense reimbursements, and related benefits to fully fund the 6 following: 7 1. The collective bargaining agreement negotiated pursuant 8 to chapter 20 for employees in the blue collar bargaining unit. 9 2. The collective bargaining agreement negotiated pursuant 10 to chapter 20 for employees in the public safety bargaining 11 unit. 12 3. The collective bargaining agreement negotiated pursuant 13 to chapter 20 for employees in the security bargaining unit. 14 4. The collective bargaining agreement negotiated pursuant 15 to chapter 20 for employees in the technical bargaining unit. 16 5. The collective bargaining agreement negotiated pursuant 17 to chapter 20 for employees in the professional fiscal and 18 staff bargaining unit. 19 6. The collective bargaining agreement negotiated pursuant 20 to chapter 20 for employees in the clerical bargaining unit. 21 7. The collective bargaining agreement negotiated pursuant 22 to chapter 20 for employees in the professional social services 23 bargaining unit. 24 8. The collective bargaining agreement negotiated pursuant 25 to chapter 20 for employees in the community-based corrections 26 bargaining unit. 27 9. The collective bargaining agreements negotiated 28 pursuant to chapter 20 for employees in the judicial branch of 29 government bargaining units. 30 10. The collective bargaining agreement negotiated pursuant 31 to chapter 20 for employees in the patient care bargaining 32 unit. 33 11. The collective bargaining agreement negotiated pursuant 34 to chapter 20 for employees in the science bargaining unit. 35 -9- HF 2531 ( 10 ) 83 tm/jp/mb 9/ 46
H.F. 2531 12. The collective bargaining agreement negotiated pursuant 1 to chapter 20 for employees in the university of northern Iowa 2 faculty bargaining unit. 3 13. The collective bargaining agreement negotiated pursuant 4 to chapter 20 for employees in the state university of Iowa 5 graduate student bargaining unit. 6 14. The collective bargaining agreement negotiated pursuant 7 to chapter 20 for employees in the state university of Iowa 8 hospital and clinics tertiary health care bargaining unit. 9 15. The annual pay adjustments, related benefits, and 10 expense reimbursements referred to in the sections of this 11 division of this Act addressing noncontract state and state 12 board of regents employees who are not covered by a collective 13 bargaining agreement. 14 Sec. 17. NONCONTRACT STATE EMPLOYEES —— GENERAL. 15 1. For the fiscal year beginning July 1, 2010: 16 a. The maximum and minimum salary levels of all pay plans 17 provided for in section 8A.413, subsection 3, as they exist for 18 the fiscal year ending June 30, 2010, shall not increase. 19 b. Employees may receive a step increase or the equivalent 20 of a step increase. 21 c. The pay plan for noncontract judicial branch employees 22 shall not be increased. 23 d. The pay plans for state employees who are exempt 24 from chapter 8A, subchapter IV, and who are included in the 25 department of administrative services’ centralized payroll 26 system shall not be increased, and any additional changes 27 in any executive branch pay plans shall be approved by the 28 governor. 29 2. This section does not apply to members of the general 30 assembly, board members, commission members, persons whose 31 salaries are set by the general assembly pursuant to this Act 32 or are set by the governor, or other persons designated in the 33 section of this division of this Act addressing appointed state 34 officers, employees designated under section 8A.412, subsection 35 -10- HF 2531 ( 10 ) 83 tm/jp/mb 10/ 46
H.F. 2531 5, and employees covered by 11 IAC 53.6(3). 1 3. The pay plans for the bargaining eligible employees of 2 the state shall not be increased, and any additional changes 3 in such executive branch pay plans shall be approved by the 4 governor. As used in this section, “bargaining eligible 5 employee” means an employee who is eligible to organize under 6 chapter 20, but has not done so. 7 4. The policies for implementation of this section shall be 8 approved by the governor. 9 Sec. 18. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 10 the fiscal year beginning July 1, 2010, and ending June 30, 11 2011, funds shall be provided from available sources of the 12 state board of regents for funding of collective bargaining 13 agreements for state board of regents employees covered by 14 such agreements and for the following state board of regents 15 employees not covered by a collective bargaining agreement: 16 1. Regents merit system employees and merit supervisory 17 employees. 18 2. Faculty members and professional and scientific 19 employees. 20 Sec. 19. BONUS PAY. For the fiscal year beginning July 21 1, 2010, and ending June 30, 2011, employees of the executive 22 branch, judicial branch, and legislative branch shall not 23 receive bonus pay unless otherwise authorized by law, required 24 pursuant to a contract of employment entered into before July 25 1, 2010, or required pursuant to a collective bargaining 26 agreement. This section does not apply to employees of the 27 state board of regents. For purposes of this section, “bonus 28 pay” means any additional remuneration provided an employee in 29 the form of a bonus, including but not limited to a retention 30 bonus, recruitment bonus, exceptional job performance pay, 31 extraordinary job performance pay, exceptional performance pay, 32 extraordinary duty pay, or extraordinary or special duty pay, 33 and any extra benefit not otherwise provided to other similarly 34 situated employees. 35 -11- HF 2531 ( 10 ) 83 tm/jp/mb 11/ 46
H.F. 2531 Sec. 20. SPECIAL FUNDS. For the fiscal year beginning July 1 1, 2010, and ending June 30, 2011, salary adjustments otherwise 2 provided for in this Act may be funded using departmental 3 revolving, trust, or special funds for which the general 4 assembly has established an operating budget, provided doing so 5 does not exceed the operating budget established by the general 6 assembly. 7 Sec. 21. FEDERAL FUNDS APPROPRIATED. For the fiscal year 8 beginning July 1, 2010, all federal grants to and the federal 9 receipts of the agencies affected by this division of this Act 10 which are received and may be expended for purposes of this 11 division of this Act are appropriated for those purposes and as 12 set forth in the federal grants or receipts. 13 Sec. 22. STATE TROOPER MEAL ALLOWANCE. For the fiscal 14 year beginning July 1, 2010, the sworn peace officers in the 15 department of public safety who are not covered by a collective 16 bargaining agreement negotiated pursuant to chapter 20 shall 17 receive the same per diem meal allowance as the sworn peace 18 officers in the department of public safety who are covered 19 by a collective bargaining agreement negotiated pursuant to 20 chapter 20. 21 Sec. 23. SALARY MODEL ADMINISTRATOR. The salary model 22 administrator shall work in conjunction with the legislative 23 services agency to maintain the state’s salary model used for 24 analyzing, comparing, and projecting state employee salary 25 and benefit information, including information relating to 26 employees of the state board of regents. The department of 27 revenue, the department of administrative services, the five 28 institutions under the jurisdiction of the state board of 29 regents, the judicial district departments of correctional 30 services, and the state department of transportation shall 31 provide salary data to the department of management and the 32 legislative services agency to operate the state’s salary 33 model. The format and frequency of provision of the salary 34 data shall be determined by the department of management and 35 -12- HF 2531 ( 10 ) 83 tm/jp/mb 12/ 46
H.F. 2531 the legislative services agency. The information shall be 1 used in collective bargaining processes under chapter 20 and 2 in calculating the funding needs contained within the annual 3 salary adjustment legislation. A state employee organization 4 as defined in section 20.3, subsection 4, may request 5 information produced by the model, but the information provided 6 shall not contain information attributable to individual 7 employees. 8 Sec. 24. 2008 Iowa Acts, chapter 1191, section 14, 9 subsection 7, is amended to read as follows: 10 7. The following are range 7 positions: administrator 11 of the public broadcasting division of the department of 12 education, director of the department of corrections, director 13 of the department of education, director of human services, 14 director of the department of economic development, executive 15 director of the Iowa telecommunications and technology 16 commission, executive director of the state board of regents, 17 director of transportation, director of the department of 18 workforce development, director of revenue, director of public 19 health, state court administrator, director of the department 20 of management, chief information officer, and director of the 21 department of administrative services. 22 DIVISION IV 23 APPROPRIATION REDUCTIONS 24 Sec. 25. APPROPRIATION REDUCTIONS —— REPORT. 25 1. The amounts appropriated from the general fund of 26 the state to the departments and establishments of the 27 executive branch, as defined in section 8.2, but not including 28 appropriations to the state board of regents, for operational 29 purposes in enactments made for the fiscal year beginning July 30 1, 2010, and ending June 30, 2011, are reduced by $83,760,500. 31 For purposes of this section, “operational purposes” 32 means salary, support, administrative expenses, or other 33 personnel-related costs. The reductions in appropriations 34 required pursuant to this subsection shall be realized through 35 -13- HF 2531 ( 10 ) 83 tm/jp/mb 13/ 46
H.F. 2531 the implementation of 2010 Iowa Acts, Senate File 2062, 2010 1 Iowa Acts, Senate File 2088, executive order number 20 issued 2 December 16, 2009, and any other efficiency measure. The 3 reductions to operational appropriations required by this 4 subsection shall be applied by the department of management. 5 2. On or before December 1, 2010, the department of 6 management shall submit a report to the general assembly 7 and the legislative services agency regarding anticipated 8 reductions in appropriations for operational purposes and 9 anticipated reductions in full-time equivalent positions 10 for the fiscal year beginning July 1, 2010, and ending June 11 30, 2011, as required by this section. In the report, all 12 reductions shall be categorized in one of four categories. The 13 categories shall include the implementation of 2010 Iowa Acts, 14 Senate File 2062; the implementation of 2010 Iowa Acts, Senate 15 File 2088, section 65; the implementation of 2010 Iowa Acts, 16 Senate File 2088, sections 67 and 68; and the implementation of 17 both executive order number 20 issued December 16, 2009, and 18 any remaining provisions of 2010 Iowa Acts, Senate File 2088. 19 Sec. 26. CASH RESERVE TRANSFER. For the fiscal year 20 beginning July 1, 2010, and ending June 30, 2011, the 21 department of management may transfer up to five million 22 dollars from the cash reserve fund created in section 8.56 23 to appropriations addressed by this division for purposes 24 of offsetting the appropriation reductions required in this 25 division. A transfer made pursuant to the authority granted in 26 this section shall be subject to the reporting requirements in 27 section 8.39, subsections 3 and 4. 28 Sec. 27. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 29 INFORMATION TECHNOLOGY. There is appropriated from the general 30 fund of the state to the department of administrative services 31 for the fiscal year beginning July 1, 2010, and ending June 30, 32 2011, the following amount, or so much thereof as is necessary, 33 to be used for the purposes designated: 34 For implementing 2010 Iowa Acts, Senate File 2088, division 35 -14- HF 2531 ( 10 ) 83 tm/jp/mb 14/ 46
H.F. 2531 I, including salaries, support, maintenance, and miscellaneous 1 purposes: 2 .................................................. $ 2,300,000 3 DIVISION V 4 STATE FINANCIAL MANAGEMENT DUTIES 5 Sec. 28. Section 8A.502, subsection 1, Code 2009, is amended 6 to read as follows: 7 1. Centralized accounting and payroll system. To assume the 8 responsibilities related to a centralized accounting system 9 for state government and to establish a centralized payroll 10 system for all state agencies . However, the state board of 11 regents and institutions under the control of the state board 12 of regents shall not be required to utilize the centralized 13 payroll system. 14 Sec. 29. Section 8A.502, Code 2009, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 8A. Budget database. To develop and make 17 available to the public a searchable budget database. 18 Sec. 30. Section 11.5B, subsection 16, if enacted by 19 2010 Iowa Acts, Senate File 2367, is amended by striking the 20 subsection. 21 Sec. 31. 2010 Iowa Acts, Senate File 2088, section 233, is 22 amended to read as follows: 23 SEC. 233. DEPARTMENT OF MANAGEMENT ADMINISTRATIVE 24 SERVICES —— CENTRALIZED PAYROLL SYSTEM. The department 25 of management administrative services shall examine the 26 possibility of merging all state payroll systems into the 27 centralized payroll system operated by the department. 28 The department shall consult with those entities of state 29 government not utilizing the centralized payroll system, 30 including but not limited to the state department of 31 transportation, about strategies for encouraging utilization 32 of the state’s centralized payroll system and by identifying 33 those barriers preventing merging of the payroll systems. 34 The department shall provide information to the joint 35 -15- HF 2531 ( 10 ) 83 tm/jp/mb 15/ 46
H.F. 2531 appropriations subcommittee on administration and regulation 1 concerning efforts by the department to merge payroll systems 2 and any recommendations for legislative action to encourage, or 3 eliminate barriers to, the provision of payroll services by the 4 department to other state agencies. 5 Sec. 32. 2010 Iowa Acts, Senate File 2088, section 234, is 6 amended to read as follows: 7 SEC. 234. DEPARTMENT OF MANAGEMENT ADMINISTRATIVE 8 SERVICES —— PAYROLL FREQUENCY. The department of 9 management administrative services shall implement to the 10 greatest extent possible a reduction in the frequency of paying 11 state employees by paying employees through the payroll system 12 on a semimonthly instead of a biweekly basis. 13 Sec. 33. REPEALS. 2010 Iowa Acts, Senate File 2088, 14 sections 175 through 232, are repealed. 15 DIVISION VI 16 CORRECTIVE PROVISIONS 17 Sec. 34. Section 2.69, subsection 3, as enacted by 2010 18 Iowa Acts, Senate File 2088, section 420, is amended to read 19 as follows: 20 3. The members of the committee shall be reimbursed for 21 actual and necessary expenses incurred in the performance of 22 their duties and shall be paid a per diem as specified in 23 section 7E.6 2.10 for each day in which they engaged in the 24 performance of their duties. However, per diem compensation 25 and expenses shall not be paid when the general assembly is 26 actually in session at the seat of government. Expenses and 27 per diem shall be paid from funds appropriated pursuant to 28 section 2.12. 29 Sec. 35. Section 46.3, subsection 3, Code 2009, as amended 30 by 2010 Iowa Acts, Senate File 2343, section 1, if enacted, is 31 amended to read as follows: 32 3. A No more than a simple majority of the commissioners 33 appointed shall be of the same gender. 34 Sec. 36. Section 97D.4, subsection 2, Code 2009, is amended 35 -16- HF 2531 ( 10 ) 83 tm/jp/mb 16/ 46
H.F. 2531 to read as follows: 1 2. The members of the committee shall be reimbursed for 2 actual and necessary expenses incurred in the performance of 3 their duties and shall be paid a per diem as specified in 4 section 7E.6 2.10 for each day in which they engaged in the 5 performance of their duties. However, per diem compensation 6 and expenses shall not be paid when the general assembly is 7 actually in session at the seat of government. Expenses and 8 per diem shall be paid from funds appropriated pursuant to 9 section 2.12. 10 Sec. 37. Section 123.43A, subsection 1, unnumbered 11 paragraph 1, as enacted by 2010 Iowa Acts, Senate File 2088, 12 section 84, is amended to read as follows: 13 For the purposes of this section, unless the context 14 other otherwise requires: 15 Sec. 38. Section 162.10D, subsection 2, as enacted by 2010 16 Iowa Acts, House File 2280, section 18, is amended to read as 17 follows: 18 2. The department may require that an owner, operator, or 19 employee of a commercial establishment subject to disciplinary 20 action under subsection 1 to complete a continuing education 21 program as a condition for retaining an authorization. 22 This section does not prevent a person from voluntarily 23 participating in a continuing education program. 24 Sec. 39. Section 216A.113, subsection 1, as enacted by 2010 25 Iowa Acts, Senate File 2088, section 139, is amended to read 26 as follows: 27 1. The commission on the deaf of deaf services is 28 established, and shall consist of seven voting members 29 appointed by the governor, subject to confirmation by the 30 senate pursuant to section 2.32. Membership of the commission 31 shall include at least four members who are deaf and who cannot 32 hear human speech with or without use of amplification and at 33 least one member who is hard of hearing. All members shall 34 reside in Iowa. 35 -17- HF 2531 ( 10 ) 83 tm/jp/mb 17/ 46
H.F. 2531 Sec. 40. Section 216C.9, subsection 1, Code 2009, as amended 1 by 2010 Iowa Acts, Senate File 2202, section 7, if enacted, is 2 amended to read as follows: 3 1. If a street, road, or highway in this state is newly 4 built or reconstructed, a curb ramp or sloped area shall be 5 constructed or installed at each intersection of the street, 6 road, or highway with a sidewalk or path. If a sidewalk or path 7 in this state is newly built or altered reconstructed , a curb 8 ramp or sloped area shall be constructed or installed at each 9 intersection of the sidewalk or path with a street, highway, 10 or road. 11 Sec. 41. Section 256.51, subsection 1, paragraph a, Code 12 2009, as amended by 2010 Iowa Acts, Senate File 2088, section 13 316, is amended to read as follows: 14 a. Determine policy for providing information service to 15 the three branches of state government and to the legal and 16 medical community in this state. 17 Sec. 42. Section 256F.3, subsection 1, Code 2009, as amended 18 by 2010 Iowa Acts, Senate File 2033, section 10, is amended to 19 read as follows: 20 1. The state board of education shall apply for a federal 21 grant under Pub. L. No. 107-110, cited as the federal No Child 22 Left Behind Act of 2001, Tit. V, Pt. B, Subpt. 1, for purposes 23 of providing financial assistance for the planning, program 24 design, and initial implementation of public charter schools. 25 The department shall monitor the effectiveness of charter 26 schools and innovation zone schools and shall implement the 27 applicable provisions of this chapter. 28 Sec. 43. Section 256F.6, subsection 3, Code 2009, is amended 29 to read as follows: 30 3. The state board of education shall provide by rule for 31 the ongoing review of a school board’s each party’s compliance 32 with a contract entered into in accordance with this chapter. 33 Sec. 44. Section 260C.44, Code 2009, as amended by 2010 Iowa 34 Acts, Senate File 2340, section 35, if enacted, is amended to 35 -18- HF 2531 ( 10 ) 83 tm/jp/mb 18/ 46
H.F. 2531 read as follows: 1 260C.44 Apprenticeship programs. 2 1. Each community college is authorized to establish or 3 contract for the establishment of apprenticeship programs 4 for apprenticeable occupations. Any apprenticeship program 5 established under this section shall comply with requirements 6 established by the United States department of labor, 7 bureau office of apprenticeship and training . Participation 8 in an apprenticeship program or apprenticeship agreement by an 9 apprenticeship sponsor shall be on a voluntary basis. 10 2. For purposes of this section: 11 a. “Apprentice” means a person who is at least sixteen 12 years of age, except where a higher minimum age is required by 13 law, who is employed in an apprenticeable occupation, and is 14 registered with the United States department of labor, office 15 of apprenticeship. 16 b. “Apprenticeable occupation” means an occupation approved 17 for apprenticeship by the United States department of labor, 18 office of apprenticeship and training . 19 c. “Apprenticeship program” means a plan, registered with 20 the United States office of apprenticeship which contains 21 the terms and conditions for the qualification, recruitment, 22 selection, employment, and training of apprentices, including 23 the requirement for a written apprenticeship agreement. 24 d. “Apprenticeship sponsor” means a person operating an 25 apprenticeship program or in whose name an apprenticeship 26 program is being operated, registered, or approved. 27 Sec. 45. Section 298.4, subsection 2, if enacted by 2010 28 Iowa Acts, Senate File 2237, section 103, is amended to read 29 as follows: 30 2. Unencumbered funds collected from the levies 31 authorized in sections 96.31, 279.46, and 296.7 prior to 32 July 1, 1991, may be expended for the purposes listed in 33 subsections subsection 1, paragraphs “a” , “c” , and “e” . 34 Sec. 46. Section 317.1, Code 2009, as amended by 2010 Iowa 35 -19- HF 2531 ( 10 ) 83 tm/jp/mb 19/ 46
H.F. 2531 Acts, Senate File 2340, section 86, if enacted, is amended to 1 read as follows: 2 317.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 a. 1. “Book” , “list” , “record” , or “schedule” kept by a 6 county auditor, assessor, treasurer, recorder, sheriff, or 7 other county officer means the county system as defined in 8 section 445.1. 9 b. 2. “Commissioner” means the county weed commissioner or 10 the commissioner’s deputy within each county. 11 Sec. 47. Section 321J.2, subsection 3, paragraph d, 12 subparagraphs (1) and (2), if enacted by 2010 Iowa Acts, Senate 13 File 431, section 1, are amended to read as follows: 14 (1) A defendant whose alcohol concentration is .08 or 15 more but not more than .10 shall not be eligible for any 16 temporary restricted license for at least thirty days if a 17 test was obtained and an accident resulting in personal injury 18 or property damage occurred. The department shall require 19 the defendant shall be ordered to install an ignition interlock 20 device of a type approved by the commissioner of public safety 21 on all vehicles owned or operated by the defendant if the 22 defendant seeks a temporary restricted license. There shall be 23 no such period of ineligibility if no such accident occurred, 24 and the defendant shall not be ordered required to install an 25 ignition interlock device. 26 (2) A defendant whose alcohol concentration is more than .10 27 shall not be eligible for any temporary restricted license for 28 at least thirty days if a test was obtained, and an accident 29 resulting in personal injury or property damage occurred or the 30 defendant’s alcohol concentration exceeded .15. There shall be 31 no such period of ineligibility if no such accident occurred 32 and the defendant’s alcohol concentration did not exceed .15. 33 In either case, where a defendant’s alcohol concentration is 34 more than .10, the department shall require the defendant shall 35 -20- HF 2531 ( 10 ) 83 tm/jp/mb 20/ 46
H.F. 2531 be ordered to install an ignition interlock device of a type 1 approved by the commissioner of public safety on all vehicles 2 owned or operated by the defendant if the defendant seeks a 3 temporary restricted license. 4 Sec. 48. Section 336.4, Code 2009, as amended by 2010 Iowa 5 Acts, Senate File 2088, section 323, is amended to read as 6 follows: 7 336.4 Library trustees. 8 In any area in which a library district has been established 9 in accordance with this chapter, a board of library 10 trustees, consisting of five, seven, or nine members who 11 resident reside within the library district, shall be appointed 12 by the governing bodies of the jurisdictions comprising the 13 library district. 14 Sec. 49. Section 435.26B, subsection 1, paragraph c, if 15 enacted by 2010 Iowa Acts, Senate File 2199, section 13, is 16 amended to read as follows: 17 c. A statement of the affiant’s title or ownership interest 18 and a statement of all liens, encumbrances, or security 19 interest interests upon the manufactured or mobile home, 20 including the names and mailing addresses of all persons having 21 any such liens, encumbrances, or security interests. 22 Sec. 50. Section 455B.104, subsection 4, as enacted by 2010 23 Iowa Acts, Senate File 2088, section 258, is amended to read 24 as follows: 25 4. By September 1 December 31 of each year, the department 26 shall submit a report to the governor and the general assembly 27 regarding the greenhouse gas emissions in the state during 28 the previous calendar year and forecasting trends in such 29 emissions. The first submission by the department shall be 30 filed by September 1 December 31 , 2011, for the calendar year 31 beginning January 1, 2010. 32 Sec. 51. Section 476.53, subsection 2, paragraph a, Code 33 2009, as amended by 2010 Iowa Acts, House File 2399, section 2, 34 if enacted, is amended to read as follows: 35 -21- HF 2531 ( 10 ) 83 tm/jp/mb 21/ 46
H.F. 2531 a. The general assembly's intent with regard to the 1 development of electric power generating and transmission 2 facilities, or the significant alteration of an existing 3 generating facility, as provided in subsection 1, shall be 4 implemented in a manner that is cost-effective and compatible 5 with the environmental policies of the state, as expressed in 6 Title XI. 7 Sec. 52. Section 489.116, subsection 4, as amended by 2010 8 Iowa Acts, House File 2478, section 5, if enacted, is amended 9 to read as follows: 10 4. 3. A limited liability company or foreign limited 11 liability company may be served pursuant to this section, as 12 provided in another provision of this chapter, or as provided 13 in sections 617.3 through 617.6, unless the manner of service 14 is otherwise specifically provided for by another provision of 15 law. 16 Sec. 53. Section 489.1005, subsection 2, Code 2009, is 17 amended to read as follows: 18 2. A surviving organization that is a foreign organization 19 consents to the jurisdiction of the courts of this state to 20 enforce any debt, obligation, or other liability owed by a 21 constituent organization, if before the merger the constituent 22 organization was subject to suit in this state on the debt, 23 obligation, or other liability. A surviving organization 24 that is a foreign organization and not authorized to transact 25 business in this state appoints the secretary of state as its 26 registered agent for service of process for the purposes of 27 enforcing a debt, obligation, or other liability under this 28 subsection. Service on the secretary of state under this 29 subsection must be made in the same manner and has the same 30 consequences as in section 489.116, subsections 3 2 and 4 3 . 31 Sec. 54. Section 489.1009, subsection 3, Code 2009, is 32 amended to read as follows: 33 3. A converted organization that is a foreign organization 34 consents to the jurisdiction of the courts of this state to 35 -22- HF 2531 ( 10 ) 83 tm/jp/mb 22/ 46
H.F. 2531 enforce any debt, obligation, or other liability for which 1 the converting limited liability company is liable if, before 2 the conversion, the converting limited liability company was 3 subject to suit in this state on the debt, obligation, or 4 other liability. A converted organization that is a foreign 5 organization and not authorized to transact business in this 6 state appoints the secretary of state as its registered agent 7 for service of process for purposes of enforcing a debt, 8 obligation, or other liability under this subsection. Service 9 on the secretary of state under this subsection must be made 10 in the same manner and has the same consequences as in section 11 489.116, subsections 3 2 and 4 3 . 12 Sec. 55. Section 489.1013, subsection 2, Code 2009, is 13 amended to read as follows: 14 2. A domesticated company that is a foreign limited 15 liability company consents to the jurisdiction of the courts 16 of this state to enforce any debt, obligation, or other 17 liability owed by the domesticating company, if, before the 18 domestication, the domesticating company was subject to suit 19 in this state on the debt, obligation, or other liability. 20 A domesticated company that is a foreign limited liability 21 company and not authorized to transact business in this 22 state appoints the secretary of state as its registered agent 23 for service of process for purposes of enforcing a debt, 24 obligation, or other liability under this subsection. Service 25 on the secretary of state under this subsection must be made 26 in the same manner and has the same consequences as in section 27 489.116, subsections 3 2 and 4 3 . 28 Sec. 56. Section 508C.3, subsection 1, paragraph b, 29 subparagraph (2), subparagraph division (b), Code 2009, as 30 amended by 2010 Iowa Acts, Senate File 2272, section 1, if 31 enacted, is amended to read as follows: 32 (b) The person is not eligible for coverage by an 33 association described in subparagraph part division (a) in any 34 other state due to the fact that the insurer was not licensed 35 -23- HF 2531 ( 10 ) 83 tm/jp/mb 23/ 46
H.F. 2531 in the state at the time specified in that state’s guaranty 1 association law. 2 Sec. 57. Section 514C.26, subsection 1, paragraph c, 3 subparagraph (2), subparagraph division (j), as enacted by 2010 4 Iowa Acts, House File 2075, section 1, is amended to read as 5 follows: 6 (j) Costs of extra treatments, services, procedures, tests, 7 or drugs that would not be performed or administered except 8 for participation in the cancer clinical trial. Nothing in 9 this subparagraph subdivision division shall limit payment for 10 treatments, services, procedures, tests, or drugs that are 11 otherwise a covered benefit under subparagraph (1). 12 Sec. 58. Section 543B.29, subsection 1, paragraph e, 13 subparagraph (2), if enacted by 2010 Iowa Acts, Senate File 14 2326, section 5, is amended to read as follows: 15 (2) The commission, when considering the revocation 16 or suspension of a license pursuant to this paragraph “e” , 17 shall consider the nature of the offense; any aggravating or 18 extenuating circumstances which are documented; the time lapsed 19 since the conduct or conviction; the rehabilitation, treatment, 20 or restitution performed by the licensee; and any other factors 21 the commission deems relevant. Character references may be 22 required but shall not be obtained from licensed real estate 23 brokers or salespersons. 24 Sec. 59. Section 562A.29A, subsection 1, paragraph b, as 25 enacted by 2010 Iowa Acts, Senate File 2300, section 3, is 26 amended to read as follows: 27 b. Personal service pursuant to rules rule of civil 28 procedure 1.305, Iowa court rules, for the personal service of 29 original notice. 30 Sec. 60. Section 685.6, subsection 9, paragraph d, as 31 enacted by 2010 Iowa Acts, Senate File 2088, section 343, is 32 amended to read as follows: 33 d. At any time during which any custodian is in custody 34 or control of any documentary material or answers to 35 -24- HF 2531 ( 10 ) 83 tm/jp/mb 24/ 46
H.F. 2531 interrogatories produced, or transcripts of oral testimony 1 given, by any person in compliance with any civil investigative 2 demand issued under subsection 1, such person, and in the 3 case of an express demand for any product of discovery, the 4 person from whom such discovery was obtained, may file, in 5 the district court of the state for the judicial district 6 within which the office of such custodian is located, and serve 7 upon such custodian, a petition for an order of such court to 8 require the performance by the custodian of any duty imposed 9 upon the custodian by this section. 10 Sec. 61. Section 692A.102, subsection 1, paragraph c, 11 subparagraph (30), Code Supplement 2009, is amended to read as 12 follows: 13 (30) Enticing away a minor in violation of section 710.10, 14 if the violation includes an intent to commit sexual abuse, 15 sexual exploitation, sexual contact, or sexual conduct directed 16 towards a minor. 17 Sec. 62. Section 805.6, subsection 3, paragraph a, if 18 enacted by 2010 Iowa Acts, Senate File 2340, section 63, is 19 amended to read as follows: 20 a. The uniform citation and complaint shall contain 21 spaces for the parties’ names; the address of the alleged 22 offender; the registration number of the offender’s vehicle; 23 the information required by section 805.2, a warning which 24 states, : I hereby swear and affirm that the information 25 provided by me on this citation is true under penalty of 26 providing false information; and a statement that providing 27 false information is a violation of section 719.3; a list of 28 the scheduled fines prescribed by sections 805.8A, 805.8B, and 29 805.8C, either separately or by group, and a statement of the 30 court costs payable in scheduled violation cases, whether or 31 not a court appearance is required or is demanded; a brief 32 explanation of sections 805.9 and 805.10; and a space where the 33 defendant may sign an admission of the violation when permitted 34 by section 805.9; and the uniform citation and complaint shall 35 -25- HF 2531 ( 10 ) 83 tm/jp/mb 25/ 46
H.F. 2531 require that the defendant appear before a court at a specified 1 time and place. The uniform citation and complaint also may 2 contain a space for the imprint of a credit card, and may 3 contain any other information which the commissioner of public 4 safety, the director of transportation, and the director of the 5 department of natural resources may determine. 6 Sec. 63. Section 805.6, subsection 7, Code Supplement 2009, 7 as amended by 2010 Iowa Acts, Senate File 2340, section 63, if 8 enacted, is amended to read as follows: 9 9. Supplies of uniform citation and complaint forms 10 existing or on order on July 1, 2010, may be used until 11 exhausted. 12 Sec. 64. Section 901A.1, subsection 1, paragraph c, Code 13 2009, is amended to read as follows: 14 c. Enticing a minor away in violation of section 710.10, 15 subsection 1. 16 Sec. 65. The portion of 2010 Iowa Acts, House File 2399, 17 section 2, if enacted, that enacts section 476.53, subsection 18 3, paragraph a, subparagraph (1), unnumbered paragraph 1, is 19 amended by striking the unnumbered paragraph and inserting in 20 lieu thereof the following: 21 Files an application pursuant to section 476A.3 to construct 22 in Iowa a baseload electric power generating facility with a 23 nameplate generating capacity equal to or greater than three 24 hundred megawatts or a combined-cycle electric power generating 25 facility, or an alternate energy production facility as defined 26 in section 476.42, or to significantly alter an existing 27 generating facility . For purposes of this subparagraph, a 28 significant alteration of an existing generating facility must, 29 in order to qualify for establishment of ratemaking principles, 30 fall into one of the following categories: 31 Sec. 66. 2010 Iowa Acts, Senate File 431, section 5, if 32 enacted, is amended by striking the section and inserting in 33 lieu thereof the following: 34 SEC. 5. Section 907.3, subsection 3, paragraph c, 35 -26- HF 2531 ( 10 ) 83 tm/jp/mb 26/ 46
H.F. 2531 unnumbered paragraph 1, Code Supplement 2009, is amended to 1 read as follows: 2 A mandatory minimum sentence of incarceration imposed 3 pursuant to a violation of section 321J.2, subsection 1; 4 furthermore, the court shall not suspend any part of a sentence 5 not involving incarceration imposed pursuant to section 321J.2, 6 subsection 2 3, 4, or 5 , beyond the mandatory minimum if any of 7 the following apply: 8 Sec. 67. 2010 Iowa Acts, Senate File 2237, section 180, 9 subsection 4, paragraph a, as enacted, is amended to read as 10 follows: 11 a. The Code editor is directed to strike the words “title” 12 or “Title” and insert “Tit.” within federal Act references 13 in sections 13.31, subsections 1 and 6; 15E.192, subsection 14 2; 15E.195, subsections 1 and 2; 30.1, subsection 3; 47.1, 15 subsection 5; 96.11, subsection 10, paragraph “c” ; 97C.1; 16 97C.2, subsections 2, 5, and 7; 97C.3, unnumbered paragraph 17 1, and subsections 1 and 2; 135C.9, subsection 1, paragraph 18 “b” ; 142A.8, subsection 2; 203C.1, subsection 26; 207.21, 19 subsections 1, 4, and 5; 207.22, subsection 3, paragraph 20 “b” ; 217.38; 228.1, subsection 7; 230.20, subsection 6; 21 232.1A; 234.6, subsection 1; 249.1, subsection 3; 249A.2, 22 subsections 1, 4, 6, 7, and 8; 249A.20A, subsection 5; 249A.24, 23 subsection 2, paragraph “b” ; 249B.1, subsections 6 and 7; 24 249F.1, subsection 1; 249F.8; 249J.3, subsection 8; 249J.10, 25 subsection 3; 249J.22, subsection 3; 252B.6, subsection 26 3; 252B.9, subsection 2, paragraph “b” , subparagraph (1), 27 subsection 3, paragraphs “c” , “d” , “e” , subparagraph (1), and 28 “f” ; 252B.14, subsection 5; 252D.20; 252E.15; 259.2, unnumbered 29 paragraph 2; 259.9; 260C.18A, subsection 2, paragraph “c” ; 30 306B.1, subsections 3 and 4; 307.10, subsection 13; 321.105, 31 subsection 5; 321.450, subsections 1 and 3; 403.6, subsection 32 7; 455B.133, subsection 3 and subsection 8, paragraph “a” ; 33 459A.102, subsection 19; 483A.4, subsection 1; 486A.101, 34 subsection 2, paragraph “a” ; 488.102, subsection 3, paragraph 35 -27- HF 2531 ( 10 ) 83 tm/jp/mb 27/ 46
H.F. 2531 “a” ; 490A.102, subsection 2; 514.7, subsections 2 through 4; 1 514B.1, subsection 5, paragraphs “b” though through “d” ; 514C.8, 2 subsection 1; 514F.4, subsection 2, paragraph “a” ; 514I.9, 3 subsection 1; 523A.401, subsection 5, paragraph “a” ; 523A.402, 4 subsection 5, paragraph “a” ; 523A.602, subsection 3; 534.205, 5 subsection 1; 541A.1, subsection 8, paragraph “b” , subparagraph 6 (2); and 541A.6, Code 2009. 7 Sec. 68. 2010 Iowa Acts, Senate File 2366, section 23, 8 subsection 2, if enacted, is amended to read as follows: 9 2. The costs associated with implementation of this 10 division of this Act shall be funded exclusively through moneys 11 appropriated from the quality assurance trust fund, and shall 12 result in budget neutrality to the general fund of the state 13 for the fiscal year beginning July 1, 2009, and ending June 30, 14 2010. 15 Sec. 69. REPEAL. 2010 Iowa Acts, House File 2280, section 16 25, is repealed. 17 Sec. 70. REPEAL. 2010 Iowa Acts, House File 2452, section 18 3, is repealed. 19 Sec. 71. REPEAL. 2010 Iowa Acts, Senate File 2340, section 20 117, is repealed. 21 Sec. 72. CONDITIONAL EFFECTIVE DATE. The sections of this 22 division of this Act amending sections 489.1005, 489.1009, and 23 489.1013, take effect only if 2010 Iowa Acts, House File 2478, 24 is enacted. 25 Sec. 73. CONDITIONAL EFFECTIVE DATE. The sections of this 26 division of this Act amending section 692A.102, subsection 27 1, paragraph “c” , subparagraph (30), and section 901A.1, 28 subsection 1, paragraph “c” , take effect only if 2010 Iowa Acts, 29 House File 2438, is enacted. 30 Sec. 74. CONTINGENT EFFECTIVE DATE. The section of this 31 division of this Act amending section 805.6, subsection 7, 32 takes effect only if 2010 Iowa Acts, Senate File 2197, is 33 enacted. 34 Sec. 75. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 35 -28- HF 2531 ( 10 ) 83 tm/jp/mb 28/ 46
H.F. 2531 APPLICABILITY. The following sections of this division of this 1 Act, being deemed of immediate importance, take effect upon 2 enactment and apply retroactively as follows: 3 1. The section of this division of this Act amending section 4 162.10D, subsection 2, as enacted by 2010 Iowa Acts, House File 5 2280, section 18, applies retroactively to March 9, 2010. 6 2. The section of this division of this Act amending section 7 216A.113, subsection 1, as enacted by 2010 Iowa Acts, Senate 8 File 2088, section 139, applies retroactively to March 10, 9 2010. 10 3. The section of this division of this Act amending section 11 256.51, subsection 1, paragraph “a”, Code 2009, as amended 12 by 2010 Iowa Acts, Senate File 2088, section 316, applies 13 retroactively to March 10, 2010. 14 4. The section of this division of this Act amending section 15 435.26B, subsection 1, paragraph “c”, if enacted by 2010 Iowa 16 Acts, Senate File 2199, section 13, applies retroactively to 17 the effective date of 2010 Iowa Acts, Senate File 2199. 18 5. The section of this division of this Act amending section 19 562A.29A, subsection 1, paragraph “b”, as enacted by 2010 Iowa 20 Acts, Senate File 2300, section 3, applies retroactively to 21 March 2, 2010. 22 6. The section of this division of this Act amending 23 the portion of 2010 Iowa Acts, House File 2399, section 2, 24 that enacts section 476.53, subsection 3, paragraph “a”, 25 subparagraph (1), unnumbered paragraph 1, applies retroactively 26 to March 9, 2010. 27 7. The section of this division of this Act repealing 2010 28 Iowa Acts, House File 2280, section 25, applies retroactively 29 to March 9, 2010. 30 Sec. 76. EFFECTIVE DATE. The following sections of this 31 division of this Act take effect December 1, 2010: 32 1. The section of this division of this Act amending section 33 321J.2, subsection 3, paragraph “d”, subparagraphs (1) and (2), 34 if enacted by 2010 Iowa Acts, Senate File 431, section 1. 35 -29- HF 2531 ( 10 ) 83 tm/jp/mb 29/ 46
H.F. 2531 2. The section of this division of this Act repealing 2010 1 Iowa Acts, House File 2452, section 3, if 2010 Iowa Acts, 2 Senate File 431, is enacted. 3 3. The section of this division of this Act amending 2010 4 Iowa Acts, Senate File 431, section 5, if 2010 Iowa Acts, 5 Senate File 431, is enacted. 6 DIVISION VII 7 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 8 Sec. 77. SAC AND FOX INDIAN SETTLEMENT —— EDUCATIONAL 9 EXPENSES. There is appropriated from the Iowa comprehensive 10 petroleum underground storage tank fund to the department of 11 education for the fiscal year beginning July 1, 2010, and 12 ending June 30, 2011, the following amount, or so much thereof 13 as is necessary, to be used for the purposes designated: 14 Notwithstanding section 455G.3, subsection 1, for 15 distribution to the tribal council of the Sac and Fox Indian 16 settlement located on land held in trust by the secretary 17 of the interior of the United States. Moneys appropriated 18 under this section shall be used for the purposes specified in 19 section 256.30: 20 .................................................. $ 90,000 21 Sec. 78. CASH RESERVE FUND APPROPRIATIONS. There is 22 appropriated from the cash reserve fund created in section 8.56 23 to the following departments and agencies for the fiscal year 24 beginning July 1, 2010, and ending June 30, 2011, the following 25 amounts to be used for the purposes designated: 26 1. DEPARTMENT OF HUMAN SERVICES 27 For the medical assistance program: 28 .................................................. $187,800,000 29 2. DEPARTMENT OF MANAGEMENT 30 For salaries, support, maintenance, and miscellaneous 31 purposes: 32 .................................................. $ 260,000 33 Sec. 79. APPROPRIATION ADJUSTMENTS —— DEPARTMENT OF 34 ADMINISTRATIVE SERVICES. The appropriations to the department 35 -30- HF 2531 ( 10) 83 tm/jp/mb 30/ 46
H.F. 2531 of administrative services for the fiscal year beginning July 1 1, 2010, in 2010 Iowa Acts, Senate File 2367, from the general 2 fund of the state shall be increased by $2,761,100. The number 3 of full-time equivalent positions authorized for the department 4 of administrative services for the fiscal year beginning 5 July 1, 2010, in 2010 Iowa Acts, Senate File 2367, shall be 6 increased by 34.40. 7 Sec. 80. APPROPRIATION ADJUSTMENTS —— DEPARTMENT OF 8 MANAGEMENT. The appropriations to the department of management 9 for the fiscal year beginning July 1, 2010, in 2010 Iowa Acts, 10 Senate File 2367, from the general fund of the state shall be 11 decreased by $2,761,100. The number of full-time equivalent 12 positions authorized for the department of management for the 13 fiscal year beginning July 1, 2010, in 2010 Iowa Acts, Senate 14 File 2367, shall be decreased by 34.40. 15 Sec. 81. RAILROAD COMPANY —— LIMITED LIABILITY. A railroad 16 company which alters facilities described in section 327F.2 17 pursuant to a written agreement with a political subdivision 18 with a population of more than 15,100, but less than 15,150, 19 according to the 2000 certified federal census, to construct 20 a flood mitigation project shall receive the limitation on 21 liability contained in section 670.4, subsection 8, for any 22 damages caused by the alteration due to a flood. 23 Sec. 82. BRAILLE AND SIGHT SAVING SCHOOL STUDY. 24 1. The state board of regents shall conduct a study to 25 examine possible changes to and make recommendations regarding 26 the current structure for providing residential services on 27 the campus of the Iowa braille and sight saving school and 28 to make recommendations regarding appropriate facilities and 29 facility utilization. The study shall also examine potential 30 partnerships with other state agencies as well as private 31 providers of residential services. 32 2. For purposes of conducting the study, the state board of 33 regents shall form a committee with representatives of all of 34 the following: 35 -31- HF 2531 ( 10 ) 83 tm/jp/mb 31/ 46
H.F. 2531 a. Parents of students who are blind or visually impaired. 1 b. Constituent organizations for the blind or visually 2 impaired. 3 c. The department of education. 4 d. The department for the blind. 5 e. The department of human services. 6 f. Area education agencies. 7 g. School boards and school board administrators. 8 h. The governor’s developmental disabilities council. 9 i. Administration of the statewide system for vision 10 services. 11 j. Administration of the Iowa school for the deaf. 12 3. By August 31, 2010, the state board of regents shall 13 submit a report of the study to the legislative council. 14 Sec. 83. PLUMBERS, MECHANICAL PROFESSIONALS, AND 15 CONTRACTORS —— EFFECTIVE UPON ENACTMENT. 16 1. Notwithstanding the provisions of section 105.18, 17 subsection 2, paragraph “c”, subparagraph (3), to the contrary, 18 the plumbing and mechanical systems board shall, through 19 September 30, 2010, allow a person who has not previously held 20 a license issued under section 105.18 to sit for the state 21 master licensing examination for the applicable discipline if 22 that person submits evidence of work experience which the board 23 deems to be equivalent to forty-eight months experience as a 24 licensed master in the applicable discipline. 25 2. This section, being deemed of immediate importance, 26 takes effect upon enactment. 27 Sec. 84. Section 8D.13, subsection 5, Code 2009, is amended 28 to read as follows: 29 5. a. The state shall lease all fiberoptic cable 30 facilities or facilities with DS-3 sufficient capacity as 31 determined by the commission for Part III connections, for 32 which state funding is provided. The state shall lease 33 all fiberoptic cable facilities or facilities with DS-3 or 34 DS-1 capacity for the judicial branch, judicial district 35 -32- HF 2531 ( 10 ) 83 tm/jp/mb 32/ 46
H.F. 2531 department departments of correctional services, and state 1 agency connections for which state funding is provided. In 2 determining the capacity to be provided, the commission 3 shall consult with the authorized users associated with 4 the Part III connections, the judicial branch, the judicial 5 district departments of correctional services, and state 6 agencies associated with connections for which state funding 7 is provided. Such facilities shall be leased from qualified 8 providers. The state shall not own such facilities, except for 9 those facilities owned by the state as of January 1, 1994. 10 b. The lease provisions of this subsection do not apply to a 11 school district which elects to provide one hundred percent of 12 the financing for the district’s connection. 13 Sec. 85. Section 16.100A, subsection 6, paragraph d, Code 14 Supplement 2009, is amended to read as follows: 15 d. General public members shall be reimbursed by the Iowa 16 finance authority for actual and necessary expenses incurred 17 while engaged in their official duties. Expense payments shall 18 be made from appropriations made for purposes of this section . 19 Sec. 86. Section 16.181, subsection 1, paragraph a, Code 20 Supplement 2009, is amended to read as follows: 21 a. A housing trust fund is created within the authority. 22 The moneys in the housing trust fund are annually appropriated 23 to the authority to be used for the development and 24 preservation of affordable housing for low-income people in 25 the state and for the Iowa mortgage help initiative . Payment 26 of interest, recaptures of awards, or other repayments 27 to the housing trust fund shall be deposited in the fund. 28 Notwithstanding section 12C.7, interest or earnings on moneys 29 in the housing trust fund or appropriated to the fund shall 30 be credited to the fund. Notwithstanding section 8.33, 31 unencumbered and unobligated moneys remaining in the fund 32 at the close of each fiscal year shall not revert but shall 33 remain available for expenditure for the same purposes in the 34 succeeding fiscal year. 35 -33- HF 2531 ( 10 ) 83 tm/jp/mb 33/ 46
H.F. 2531 Sec. 87. NEW SECTION . 16.188 Workforce housing assistance 1 grant fund. 2 1. A workforce housing assistance grant fund is created 3 under the authority of the Iowa finance authority. The fund 4 shall consist of appropriations made to the fund. The fund 5 shall be separate from the general fund of the state and the 6 balance in the fund shall not be considered part of the balance 7 of the general fund of the state. However, the fund shall be 8 considered a special account for the purposes of section 8.53, 9 relating to generally accepted accounting principles. 10 2. Notwithstanding section 12C.7, subsection 2, interest or 11 earnings on moneys in the fund shall be credited to the fund. 12 3. a. Moneys in the fund in a fiscal year are appropriated 13 to the Iowa finance authority to be used for grants for 14 projects that create workforce housing or for projects that 15 include adaptive reuse of buildings for workforce housing. For 16 purposes of this section, “workforce housing” means housing 17 that is affordable for a household whose income does not exceed 18 one hundred twenty percent of the median income for the area. 19 b. Priority shall be given to the following types of 20 projects: 21 (1) Projects that are eligible for historic preservation 22 and cultural and entertainment district tax credits under 23 section 404A.1. 24 (2) Projects for the construction of new single-family 25 dwellings that incorporate one or more energy-efficient 26 measures. The authority shall by rule identify the types of 27 energy-efficient measures that will qualify a project for 28 priority under this subparagraph. 29 (3) Projects that utilize new markets tax credits, 30 established under the federal Community Renewal Tax Relief Act 31 of 2000, Pub. L. No. 106-554, 114 Stat. 2763A, and undertaken 32 by a qualified community development entity, as defined in the 33 federal Act. 34 (4) Projects that are located in an area where other state 35 -34- HF 2531 ( 10 ) 83 tm/jp/mb 34/ 46
H.F. 2531 funding has been used to support the creation of new jobs. 1 c. In any fiscal year, an area shall not receive grants 2 totaling more than twenty-five percent of the moneys expended 3 from the fund in that fiscal year. For purposes of this 4 paragraph, “area” means the same area used to determine the 5 median income under paragraph “a” . 6 4. Annually, on or before January 15 of each year, the 7 authority shall report to the legislative services agency and 8 the department of management the status of all projects that 9 received moneys from the workforce housing assistance grant 10 fund. The report shall include a description of each project, 11 the progress of work completed, the total estimated cost of 12 each project, a list of all revenue sources being used to fund 13 each project, the amount of funds expended, the amount of 14 funds obligated, and the date each project was completed or an 15 estimated completion date of each project, where applicable. 16 5. Payment of moneys from appropriations from the fund shall 17 be made in a manner that does not adversely affect the tax 18 exempt status of any outstanding bonds issued by the treasurer 19 of state pursuant to section 12.87. 20 6. The authority shall adopt rules pursuant to chapter 17A 21 to administer this section. 22 Sec. 88. Section 20.19, Code 2009, is amended to read as 23 follows: 24 20.19 Impasse procedures —— agreement of parties. 25 As the first step in the performance of their duty to 26 bargain, the public employer and the employee organization 27 shall endeavor to agree upon impasse procedures. Such 28 agreement shall provide for implementation of these impasse 29 procedures not later than one hundred twenty days prior to 30 the certified budget submission date of the public employer. 31 However, if public employees represented by the employee 32 organization are teachers licensed under chapter 272, and the 33 public employer is a school district or area education agency, 34 the agreement shall provide for implementation of impasse 35 -35- HF 2531 ( 10 ) 83 tm/jp/mb 35/ 46
H.F. 2531 procedures not later than one hundred twenty days prior to May 1 31 of the year when the collective bargaining agreement is 2 to become effective. If the public employer is a community 3 college, the agreement shall provide for implementation of 4 impasse procedures not later than one hundred twenty days prior 5 to May 31 of the year when the collective bargaining agreement 6 is to become effective. If the public employer is not subject 7 to the budget certification requirements of section 24.17 and 8 other applicable sections, the agreement shall provide for 9 implementation of impasse procedures not later than one hundred 10 twenty days prior to the date the next fiscal or budget year of 11 the public employer commences. If the parties fail to agree 12 upon impasse procedures under the provisions of this section, 13 the impasse procedures provided in sections 20.20 to 20.22 14 shall apply. 15 Sec. 89. Section 20.20, Code 2009, is amended to read as 16 follows: 17 20.20 Mediation. 18 In the absence of an impasse agreement negotiated pursuant 19 to section 20.19 or the failure of either party to utilize its 20 procedures, one hundred twenty days prior to the certified 21 budget submission date, or one hundred twenty days prior to 22 May 31 of the year when the collective bargaining agreement 23 is to become effective if public employees represented by the 24 employee organization are teachers licensed under chapter 25 272 and the public employer is a school district or area 26 education agency, the board shall, upon the request of either 27 party, appoint an impartial and disinterested person to act 28 as mediator. If the public employer is a community college, 29 and in the absence of an impasse agreement negotiated pursuant 30 to section 20.19 or the failure of either party to utilize 31 its procedures, one hundred twenty days prior to May 31 32 of the year when the collective bargaining agreement is to 33 become effective, the board, upon the request of either party, 34 shall appoint an impartial and disinterested person to act as 35 -36- HF 2531 ( 10 ) 83 tm/jp/mb 36/ 46
H.F. 2531 mediator. If the public employer is not subject to the budget 1 certification requirements of section 24.17 or other applicable 2 sections and in the absence of an impasse agreement negotiated 3 pursuant to section 20.19, or the failure of either party to 4 utilize its procedures, one hundred twenty days prior to the 5 date the next fiscal or budget year of the public employer 6 commences, the board, upon the request of either party, shall 7 appoint an impartial and disinterested person to act as a 8 mediator. It shall be the function of the mediator to bring 9 the parties together to effectuate a settlement of the dispute, 10 but the mediator may not compel the parties to agree. 11 Sec. 90. Section 99B.12A, unnumbered paragraph 1, Code 12 2009, is amended to read as follows: 13 An organization that is exempt from federal income taxes 14 under section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6), 15 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal 16 Revenue Code as defined in section 422.3 , A person shall be 17 authorized to conduct a bingo occasion without a license as 18 otherwise required by this chapter if all of the following 19 requirements are met: 20 Sec. 91. Section 99B.17, Code 2009, is amended to read as 21 follows: 22 99B.17 Gambling on credit unlawful —— exception . 23 1. A person who tenders and a person who receives any 24 promise, agreement, note, bill, bond, contract, mortgage or 25 other security, or any negotiable instrument, as consideration 26 for any wager or bet, whether or not lawfully conducted or 27 engaged in pursuant to this chapter, commits a misdemeanor. 28 However, a participant in a bingo occasion or in a contest 29 lawful under section 99B.11 may make payment by personal check 30 for any entry or participation fee assessed by the sponsor of 31 the bingo occasion or contest. 32 2. A participant in a raffle conducted by an eligible 33 qualified organization may purchase raffle tickets by personal 34 check, money order, bank check, cashier’s check, electronic 35 -37- HF 2531 ( 10 ) 83 tm/jp/mb 37/ 46
H.F. 2531 check, or debit card for one raffle conducted by the eligible 1 qualified organization during a calendar year. The department 2 shall adopt rules setting minimum standards concerning the 3 purchase of raffle tickets as authorized by this subsection 4 which shall ensure compliance with applicable federal law and 5 for the protection of personal information consistent with 6 payment card industry compliance regulations. For purposes 7 of this subsection, an “eligible qualified organization” is a 8 qualified organization that has conducted a raffle pursuant to 9 section 99B.7 during the previous eight consecutive calendar 10 years in which the net proceeds are distributed to a museum. 11 Sec. 92. Section 155A.6A, subsection 3, Code 2009, is 12 amended to read as follows: 13 3. a. Beginning July 1, 2009, a person who is in the 14 process of acquiring national certification as a pharmacy 15 technician and who is in training to become a pharmacy 16 technician shall register with the board as a pharmacy 17 technician. The registration shall be issued for a period not 18 to exceed one year and shall not be renewable. 19 b. A person who is registered as a pharmacy technician or a 20 pharmacy technician trainee prior to January 1, 2010, who has 21 worked as a pharmacy technician or pharmacy technician trainee 22 for a minimum of two thousand hours in the previous eighteen 23 months under the direction of a licensed pharmacist or who 24 has received certification as a pharmacy technician through a 25 certification program accredited by the national commission for 26 certifying agencies, is exempt from meeting any examination 27 requirement for registration pursuant to subsection 2. 28 Sec. 93. Section 174.1, subsection 2, paragraphs b and c, 29 Code 2009, are amended to read as follows: 30 b. The organization owns buildings and other improvements 31 situated on the fairgrounds which have been specially 32 constructed for purposes of conducting a fair event. 33 c. The market value of the fairgrounds and buildings and 34 other improvements located on the fairgrounds is at least 35 -38- HF 2531 ( 10 ) 83 tm/jp/mb 38/ 46
H.F. 2531 eighty twenty-five thousand dollars. 1 Sec. 94. Section 174.1, subsection 3, Code 2009, is amended 2 to read as follows: 3 3. “Fair event” means an annual gathering of the public 4 on fairgrounds that incorporates agricultural exhibits, 5 demonstrations, shows, or competitions and which includes all 6 of the following: 7 a. Programs that include programs or projects sponsored by 8 4-H clubs, future farmers of America, or the Iowa cooperative 9 extension service in agriculture and home economics of Iowa 10 state university. Other activities may include any of the 11 following: 12 b. a. Commercial exhibits sponsored by manufacturers or 13 other businesses. 14 c. b. Educational programs or exhibits sponsored by 15 governmental entities or nonprofit organizations. 16 d. c. Competition in culinary arts, fine arts, or home 17 craft arts. 18 Sec. 95. 2010 Iowa Acts, Senate File 2378, section 20, 19 subsection 1, if enacted, is amended to read as follows: 20 1. A public safety enforcement fund is created in the 21 state treasury under the control of the treasurer of state. 22 Notwithstanding section 602.8108, after the necessary amount is 23 remitted for deposit in the Iowa prison infrastructure fund as 24 provided in section 602.8108A, the state court administrator 25 shall allocate to the treasurer of state for deposit in the 26 public safety enforcement fund the first next nine million one 27 hundred thousand dollars of the moneys received under section 28 602.8108, subsection 2, during the fiscal year beginning July 29 1, 2010, and ending June 30, 2011. Moneys deposited into the 30 fund are appropriated to the treasurer of state for allocation 31 as provided in subsection 2. 32 Sec. 96. Section 232.188, subsection 5, paragraph b, 33 unnumbered paragraph 1, Code 2009, is amended to read as 34 follows: 35 -39- HF 2531 ( 10 ) 83 tm/jp/mb 39/ 46
H.F. 2531 Notwithstanding section 8.33, moneys designated for a 1 project’s decategorization services funding pool that remain 2 unencumbered or unobligated at the close of the fiscal year 3 shall not revert but shall remain available for expenditure 4 as directed by the project’s governance board for child 5 welfare and juvenile justice systems enhancements and other 6 purposes of the project until the close of the succeeding 7 fiscal year and for the next two succeeding fiscal years. 8 Such moneys shall be known as “carryover funding” . Moneys may 9 be made available to a funding pool from one or more of the 10 following sources: 11 Sec. 97. Section 256.7, subsection 29, Code Supplement 12 2009, is amended to read as follows: 13 29. Adopt rules establishing nutritional content standards 14 for foods and beverages sold or provided on the school grounds 15 of any school district or accredited nonpublic school during 16 the school day exclusive of the food provided by any federal 17 school food program or pursuant to an agreement with any agency 18 of the federal government in accordance with the provisions 19 of chapter 283A, and exclusive of foods sold for fundraising 20 purposes and foods and beverages sold at concession stands. 21 The standards shall be consistent with the dietary guidelines 22 for Americans issued by the United States department of 23 agriculture food and nutrition service. Nothing in this 24 subsection shall prohibit a local school district from adopting 25 their own standards for food and beverages sold or provided 26 on the school grounds during the school day, provided such 27 standards are not more restrictive than those implemented by 28 the department. 29 Sec. 98. Section 455A.13, Code 2009, is amended to read as 30 follows: 31 455A.13 State nurseries. 32 1. Notwithstanding section 17A.2, subsection 11, 33 paragraph “g” , the department of natural resources shall adopt 34 administrative rules establishing a range of prices of plant 35 -40- HF 2531 ( 10 ) 83 tm/jp/mb 40/ 46
H.F. 2531 material grown at the state forest nurseries to cover all 1 expenses related to the growing of the plants. The department 2 is authorized to sell plant material in other states. 3 1. 2. The department shall develop programs to encourage 4 the wise management and preservation of existing woodlands 5 and shall continue its efforts to encourage forestation and 6 reforestation on private and public lands in the state. 7 2. 3. The department shall encourage a cooperative 8 relationship between the state forest nurseries and private 9 nurseries in the state in order to achieve these goals. 10 Sec. 99. Section 466B.4, subsection 2, Code Supplement 11 2009, is amended to read as follows: 12 2. Marketing campaign. The water resources coordinating 13 council shall develop a marketing campaign to educate Iowans 14 about the need to take personal responsibility for the quality 15 and quantity of water in their local watersheds. The emphasis 16 of the campaign shall be that not only is everyone responsible 17 for clean water, but that everyone benefits from it as well, 18 and that everyone is responsible for and benefits from reducing 19 the risk for flooding and mitigating possible future flood 20 damage . The goals of the campaign shall be to convince Iowans 21 to take personal responsibility for clean water and reducing 22 the risk of flooding and to equip them with the tools necessary 23 to effect change through local water quality improvement 24 projects and better flood plain management and flood risk 25 programs . 26 Sec. 100. NEW SECTION . 466B.12 Flood plain managers. 27 The council shall encourage and support the formation of 28 a chapter of the association of state flood plain managers 29 in Iowa that would provide a vehicle for local flood 30 plain managers and flood plain planners to further pursue 31 professional educational opportunities. 32 Sec. 101. NEW SECTION . 466B.13 Flood education. 33 The Iowa state university agricultural extension service, 34 the council, and agency members of the council shall, to the 35 -41- HF 2531 ( 10 ) 83 tm/jp/mb 41/ 46
H.F. 2531 extent feasible, work with flood plain and hydrology experts 1 to educate the general public about flood plains, flood risks, 2 and basic flood plain management principles. This educational 3 effort shall include developing educational materials and 4 programs in consultation with flood plain experts. 5 Sec. 102. Section 729.6, subsection 1, Code 2009, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . OOb. “Genetic services” means the same as 8 defined in 29 U.S.C. § 1191b(d)(8). 9 Sec. 103. Section 729.6, subsection 1, paragraph c, Code 10 2009, as amended by 2010 Iowa Acts, Senate File 2215, if 11 enacted, is amended to read as follows: 12 c. “Genetic testing” means the same as genetic test as 13 defined in 29 U.S.C. § 1191b(d)(7). “Genetic testing” does not 14 mean routine physical measurement, a routine chemical, blood, 15 or urine analysis, a biopsy, an autopsy, or clinical specimen 16 obtained solely for the purpose of conducting an immediate 17 clinical or diagnostic test to detect an existing disease, 18 illness, impairment, or disorder, or a test for drugs or for 19 human immunodeficiency virus infections. 20 Sec. 104. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 21 APPLICABILITY. The provision of this division of this Act 22 amending section 155A.6A, subsection 3, being deemed of 23 immediate importance, takes effect upon enactment and applies 24 retroactively to January 1, 2010. 25 DIVISION VIII 26 BICYCLES 27 Sec. 105. NEW SECTION . 321.281 Actions against bicyclists. 28 1. A person operating a motor vehicle shall not steer the 29 motor vehicle unreasonably close to or toward a person riding 30 a bicycle on a highway, including the roadway or the shoulder 31 adjacent to the roadway. 32 2. A person shall not knowingly project any object or 33 substance at or against a person riding a bicycle on a highway. 34 3. A person who violates this section commits a simple 35 -42- HF 2531 ( 10 ) 83 tm/jp/mb 42/ 46
H.F. 2531 misdemeanor punishable as a scheduled violation under section 1 805.8A, subsection 14, paragraph “k” . 2 Sec. 106. Section 805.8A, subsection 14, Code Supplement 3 2009, is amended by adding the following new paragraph: 4 NEW PARAGRAPH . k. Actions against a person on a bicycle. 5 For violations under section 321.281 the scheduled fine is two 6 hundred fifty dollars. 7 DIVISION IX 8 FIRE SUPPRESSION SYSTEMS 9 Sec. 107. Section 100.35, Code 2009, is amended to read as 10 follows: 11 100.35 Rules of marshal. 12 1. The fire marshal shall adopt, and may amend rules 13 under chapter 17A, which include standards relating to exits 14 and exit lights, fire escapes, fire protection, fire safety 15 and the elimination of fire hazards, in and for churches, 16 schools, hotels, theaters, amphitheaters, hospitals, health 17 care facilities as defined in section 135C.1, boarding homes 18 or housing, rest homes, dormitories, college buildings, lodge 19 halls, club rooms, public meeting places, places of amusement, 20 apartment buildings, food establishments as defined in section 21 137F.1, and all other buildings or structures in which persons 22 congregate from time to time, whether publicly or privately 23 owned. Violation of a rule adopted by the fire marshal is a 24 simple misdemeanor. However, upon proof that the fire marshal 25 gave written notice to the defendant of the violation, and 26 proof that the violation constituted a clear and present danger 27 to life, and proof that the defendant failed to eliminate the 28 condition giving rise to the violation within thirty days after 29 receipt of notice from the fire marshal, the penalty is that 30 provided by law for a serious misdemeanor. Each day of the 31 continuing violation of a rule after conviction of a violation 32 of the rule is a separate offense. A conviction is subject to 33 appeal as in other criminal cases. 34 2. Rules by the fire marshal affecting the construction 35 -43- HF 2531 ( 10 ) 83 tm/jp/mb 43/ 46
H.F. 2531 of new buildings, additions to buildings or rehabilitation of 1 existing buildings and related to fire protection, shall be 2 substantially in accord with the provisions of the nationally 3 recognized building and related codes adopted as the state 4 building code pursuant to section 103A.7 or with codes adopted 5 by a local subdivision which are in substantial accord with the 6 codes comprising the state building code. The rules adopted 7 by the fire marshal shall not require the installation of fire 8 sprinklers or a related fire suppression system in a one-family 9 or two-family residential dwelling or a residential building 10 that contains no more than four dwelling units. 11 3. The rules adopted by the state fire marshal under 12 this section shall provide standards for fire resistance of 13 cellulose insulation sold or used in this state, whether for 14 public or private use. The rules shall provide for approval of 15 the cellulose insulation by at least one nationally recognized 16 independent testing laboratory. 17 Sec. 108. Section 103A.7, subsection 2, paragraph d, Code 18 Supplement 2009, is amended to read as follows: 19 d. Protection of the health, safety, and welfare of 20 occupants and users. The rules adopted by the state building 21 code commissioner shall not require the installation of fire 22 sprinklers or a related fire suppression system in a one-family 23 or two-family residential dwelling or a residential building 24 that contains no more than four dwelling units. 25 Sec. 109. EFFECTIVE UPON ENACTMENT. This division of this 26 Act, being deemed of immediate importance, takes effect upon 27 enactment. 28 DIVISION X 29 RENEWABLE FUELS AND COPRODUCTS 30 Sec. 110. Section 159A.6, subsection 1, Code Supplement 31 2009, is amended to read as follows: 32 1. The office shall support education regarding, and 33 promotion and advertising of, renewable fuels and coproducts. 34 The office shall consult with the petroleum marketers 35 -44- HF 2531 ( 10 ) 83 tm/jp/mb 44/ 46
H.F. 2531 and convenience stores of Iowa, the Iowa corn growers 1 association, and the Iowa soybean association. 2 DIVISION XI 3 IDENTIFICATION OF WORKER MISCLASSIFICATION 4 Sec. 111. Section 421.17, Code 2009, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 31. If the director has reason to believe, 7 as a result of an investigation or audit, that a taxpayer may 8 have misclassified workers, then to assist the department of 9 workforce development, the director is authorized to provide 10 to the department of workforce development the following 11 confidential information with respect to such a taxpayer: 12 a. Withholding and payroll tax information. 13 b. The taxpayer’s identity, including taxpayer 14 identification number and date of birth. 15 c. The results or most recent status of the audit or 16 investigation. 17 Sec. 112. Section 422.20, subsection 3, paragraph a, Code 18 2009, is amended to read as follows: 19 a. Unless otherwise expressly permitted by section 8A.504, 20 section 96.11, subsection 6, section 421.17, subsections 22, 21 23, and 26, and 31, sections 252B.9, 321.120, 421.19, 421.28, 22 422.72, and 452A.63, and this section, a tax return, return 23 information, or investigative or audit information shall not 24 be divulged to any person or entity, other than the taxpayer, 25 the department, or internal revenue service for use in a matter 26 unrelated to tax administration. 27 Sec. 113. Section 422.72, subsection 3, paragraph a, Code 28 2009, is amended to read as follows: 29 a. Unless otherwise expressly permitted by section 8A.504, 30 section 96.11, subsection 6, section 421.17, subsections 22, 31 23, and 26, and 31, sections 252B.9, 321.120, 421.19, 421.28, 32 422.20, and 452A.63, and this section, a tax return, return 33 information, or investigative or audit information shall not 34 be divulged to any person or entity, other than the taxpayer, 35 -45- HF 2531 ( 10 ) 83 tm/jp/mb 45/ 46
H.F. 2531 the department, or internal revenue service for use in a matter 1 unrelated to tax administration. 2 Sec. 114. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 -46- HF 2531 ( 10 ) 83 tm/jp/mb 46/ 46