Senate File 478 - Reprinted
SENATE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SSB 1330)
Passed Senate, Date Passed House, 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
4 salaries and compensation of state employees, providing for
5 matters relating to tax credits, providing for fees and
6 penalties, and providing for properly related matters and
7 including effective date and retroactive and other
8 applicability provisions.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
10 SF 478
11 tm/jp/jh/26
PAG LIN
1 1 DIVISION I
1 2 MH/MR/DD SERVICES ALLOWED
1 3 GROWTH FUNDING == FY 2010=2011
1 4 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
1 5 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH APPROPRIATION AND
1 6 ALLOCATIONS == FISCAL YEAR 2010=2011.
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, 2010, and ending June 30, 2011, 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 2010=2011:
1 15 .................................................. $ 62,157,491
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 2010=2011.
1 23 1. For the budget process applicable to the fiscal year
1 24 beginning July 1, 2010, on or before October 1, 2009, 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.
2 8 1. The appropriations made pursuant to section 2.12 for
2 9 the expenses of the general assembly and legislative agencies
2 10 for the fiscal year beginning July 1, 2009, and ending June
2 11 30, 2010, are reduced by the following amount:
2 12 .................................................. $ 4,439,653
2 13 2. The budgeted amounts for the general assembly for the
2 14 fiscal year beginning July 1, 2009, may be adjusted to reflect
2 15 unexpended budgeted amounts from the previous fiscal year.
2 16 Sec. 4. LIMITATION OF STANDING APPROPRIATIONS.
2 17 Notwithstanding the standing appropriations in the following
2 18 designated sections for the fiscal year beginning July 1,
2 19 2009, and ending June 30, 2010, the amounts appropriated from
2 20 the general fund of the state pursuant to these sections for
2 21 the following designated purposes shall not exceed the
2 22 following amounts:
2 23 1. For payment for nonpublic school transportation under
2 24 section 285.2:
2 25 .................................................. $ 7,845,479
2 26 If total approved claims for reimbursement for nonpublic
2 27 school pupil transportation exceed the amount appropriated in
2 28 accordance with this subsection, the department of education
2 29 shall prorate the amount of each approved claim.
2 30 2. For the state's share of the cost of the peace
2 31 officers' retirement benefits under section 411.20:
2 32 .................................................. $ 2,503,510
2 33 3. For operational support grants and community cultural
2 34 grants under section 99F.11, subsection 3, paragraph "e",
2 35 subparagraph (1):
3 1 .................................................. $ 452,783
3 2 4. For regional tourism marketing under section 99F.11,
3 3 subsection 3, paragraph "e", subparagraph (2):
3 4 .................................................. $ 957,809
3 5 5. For the Iowa power fund under section 469.10,
3 6 subsection 1:
3 7 .................................................. $ 20,000,000
3 8 6. For the enforcement of chapter 453D relating to tobacco
3 9 product manufacturers under section 453D.8:
3 10 .................................................. $ 21,768
3 11 7. For the center for congenital and inherited disorders
3 12 central registry under section 144.13A, subsection 4,
3 13 paragraph "a":
3 14 .................................................. $ 182,044
3 15 8. For primary and secondary child abuse prevention
3 16 programs under section 144.13A, subsection 4, paragraph "a":
3 17 .................................................. $ 217,772
3 18 9. For programs for at=risk children under section 279.51:
3 19 .................................................. $ 11,493,891
3 20 The amount of any reduction in this subsection shall be
3 21 prorated among the programs specified in section 279.51,
3 22 subsection 1, paragraphs "a", "b", and "c".
3 23 Sec. 5. INSTRUCTIONAL SUPPORT STATE AID. Notwithstanding
3 24 the standing appropriation provided under section 257.20, an
3 25 appropriation from the general fund of the state to the
3 26 department of education for the fiscal year beginning July 1,
3 27 2009, and ending June 30, 2010, shall not be made for purposes
3 28 of paying instructional support state aid.
3 29 Sec. 6. VETERANS HOME MEDICAL CLINIC. Of moneys received
3 30 on or after July 1, 2008, by the Iowa veterans home from the
3 31 federal government relating to the costs to improve and
3 32 renovate a medical clinic at the home in a previous fiscal
3 33 year, the first $727,000 shall be credited to the general fund
3 34 of the state on or after July 1, 2009.
3 35 Sec. 7. FEDERAL ECONOMIC STIMULUS AND JOBS HOLDING
4 1 ACCOUNT.
4 2 1. Any unobligated moneys in the federal economic stimulus
4 3 and jobs holding account on July 1, 2009, shall be transferred
4 4 to the general fund of the state on July 1, 2009.
4 5 2. Unobligated moneys in the federal economic stimulus and
4 6 jobs holding account on the effective date of this section
4 7 shall not be obligated after the effective date of this
4 8 section.
4 9 3. This section shall not apply to moneys appropriated
4 10 from the federal economic stimulus and jobs holding account in
4 11 2009 Iowa Acts, Senate File 469, if enacted.
4 12 Sec. 8. IOWA MATHEMATICS AND SCIENCE COALITION. For the
4 13 fiscal year beginning July 1, 2009, the university of northern
4 14 Iowa shall maintain the efforts of the Iowa mathematics and
4 15 science coalition that were initiated pursuant to section
4 16 294A.25, subsection 11, Code 2009.
4 17 Sec. 9. PROPERTY TAX CREDIT FUND == PAYMENTS IN LIEU OF
4 18 GENERAL FUND REIMBURSEMENT.
4 19 1. a. A property tax credit fund shall be created in the
4 20 office of the treasurer of state to be used for the purposes
4 21 of this section.
4 22 b. There is appropriated from the general fund of the
4 23 state to the property tax credit fund created in paragraph "a"
4 24 for the fiscal year beginning July 1, 2009, and ending June
4 25 30, 2010, the sum of $101,395,597.
4 26 c. Notwithstanding the requirements in section 8.56,
4 27 subsections 3 and 4, there is appropriated from the cash
4 28 reserve fund to the property tax credit fund created in
4 29 paragraph "a" for the fiscal year beginning July 1, 2009, and
4 30 ending June 30, 2010, the sum of $54,684,481.
4 31 d. Notwithstanding section 8.33, the surplus existing in
4 32 the property tax credit fund created pursuant to 2008 Iowa
4 33 Acts, chapter 1191, section 5, at the conclusion of the fiscal
4 34 year beginning July 1, 2008, and ending June 30, 2009, is
4 35 transferred to the property tax credit fund created in
5 1 paragraph "a".
5 2 2. There is appropriated from the property tax credit fund
5 3 for the fiscal year beginning July 1, 2009, and ending June
5 4 30, 2010, the following amounts for the following designated
5 5 purposes:
5 6 a. For reimbursement for the homestead property tax credit
5 7 under section 425.1:
5 8 .................................................. $100,658,781
5 9 b. For reimbursement for the family farm and agricultural
5 10 land tax credits under sections 425A.1 and 426.1:
5 11 .................................................. $ 34,610,183
5 12 c. For reimbursement for the military service tax credit
5 13 under section 426A.1A:
5 14 .................................................. $ 2,400,000
5 15 d. For implementing the elderly and disabled tax credit
5 16 and reimbursement pursuant to sections 425.16 through 425.39:
5 17 .................................................. $ 22,200,000
5 18 If the director of revenue determines that the amount of
5 19 claims for credit for property taxes due pursuant to
5 20 paragraphs "a", "b", "c", and "d", plus the amount of claims
5 21 for reimbursement for rent constituting property taxes paid
5 22 which are to be paid during the fiscal year may exceed the
5 23 total amount appropriated, the director shall estimate the
5 24 percentage of the credits and reimbursements which will be
5 25 funded by the appropriation. The county treasurer shall
5 26 notify the director of the amount of property tax credits
5 27 claimed by June 8, 2009. The director shall estimate the
5 28 percentage of the property tax credits and rent reimbursement
5 29 claims that will be funded by the appropriation and notify the
5 30 county treasurer of the percentage estimate by June 15, 2009.
5 31 The estimated percentage shall be used in computing for each
5 32 claim the amount of property tax credit and reimbursement for
5 33 rent constituting property taxes paid for that fiscal year.
5 34 If the director overestimates the percentage of funding,
5 35 claims for reimbursement for rent constituting property taxes
6 1 paid shall be paid until they can no longer be paid at the
6 2 estimated percentage of funding. Rent reimbursement claims
6 3 filed after that point in time shall receive priority and
6 4 shall be paid in the following fiscal year.
6 5 Sec. 10. PERFORMANCE OF DUTY. There is appropriated from
6 6 the cash reserve fund created in section 8.56 to the executive
6 7 council for the fiscal year beginning July 1, 2009, and ending
6 8 June 30, 2010, the following amount, or so much thereof as is
6 9 necessary, to be used for the purposes designated:
6 10 For performance of duty by the executive council in
6 11 sections 7D.29 and 29C.20:
6 12 .................................................. $ 25,600,000
6 13 The funding from the appropriation made in this section
6 14 shall be utilized before any funding from the general fund of
6 15 the state.
6 16 Sec. 11. GENERAL FUND. There is appropriated from the
6 17 cash reserve fund created in section 8.56 to the general fund
6 18 of the state for the fiscal year beginning July 1, 2009, and
6 19 ending June 30, 2010, the following amount:
6 20 .................................................. $ 65,000,000
6 21 The moneys appropriated in this section shall not be
6 22 considered new revenues under section 8.54 for purposes of the
6 23 state general fund expenditure limitation.
6 24 Sec. 12. CASH RESERVE FUND APPROPRIATIONS. Section 8.56,
6 25 subsections 3 and 4, shall not apply to any appropriation made
6 26 in this division of this Act from the cash reserve fund
6 27 created in section 8.56.
6 28 Sec. 13. CASH RESERVE FUND APPROPRIATION FOR FISCAL YEAR
6 29 2009=2010. For the fiscal year beginning July 1, 2009, and
6 30 ending June 30, 2010, the appropriation to the cash reserve
6 31 fund provided in section 8.57, subsection 1, paragraph "a",
6 32 shall not be made.
6 33 Sec. 14. Section 331.660, Code 2009, is repealed.
6 34 Sec. 15. EFFECTIVE DATES.
6 35 1. The section of this division of this Act creating the
7 1 property tax credit fund, being deemed of immediate
7 2 importance, takes effect upon enactment.
7 3 2. The section of this division of this Act transferring
7 4 moneys from the federal economic stimulus and jobs holding
7 5 account, being deemed of immediate importance, takes effect
7 6 upon enactment.
7 7 Sec. 16. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
7 8 The section of this division of this Act providing for
7 9 crediting of certain moneys received by the Iowa veterans home
7 10 to the general fund of the state, being deemed of immediate
7 11 importance, takes effect upon enactment and is retroactively
7 12 applicable to July 1, 2008, and is applicable on and after
7 13 that date.
7 14 DIVISION III
7 15 SALARIES, COMPENSATION, AND RELATED MATTERS
7 16 Sec. 17. APPOINTED STATE OFFICERS.
7 17 1. The governor shall establish a salary for appointed
7 18 nonelected persons in the executive branch of state government
7 19 holding a position enumerated in and within the salary ranges
7 20 provided in 2008 Iowa Acts, chapter 1191, section 14, by
7 21 considering, among other items, the experience of the
7 22 individual in the position, changes in the duties of the
7 23 position, the incumbent's performance of assigned duties, and
7 24 subordinates' salaries. However, the attorney general shall
7 25 establish the salary for the consumer advocate, the chief
7 26 justice of the supreme court shall establish the salary for
7 27 the state court administrator, the ethics and campaign
7 28 disclosure board shall establish the salary of the executive
7 29 director, and the Iowa public broadcasting board shall
7 30 establish the salary of the administrator of the public
7 31 broadcasting division of the department of education, each
7 32 within the salary range provided in 2008 Iowa Acts, chapter
7 33 1191, section 14.
7 34 2. The governor, in establishing salaries as provided in
7 35 this section, shall take into consideration other employee
8 1 benefits which may be provided for an individual including but
8 2 not limited to housing.
8 3 3. A person whose salary is established pursuant to this
8 4 section and who is a full=time, year=round employee of the
8 5 state shall not receive any other remuneration from the state
8 6 or from any other source for the performance of that person's
8 7 duties unless the additional remuneration is first approved by
8 8 the governor or authorized by law. However, this provision
8 9 does not exclude the reimbursement for necessary travel and
8 10 expenses incurred in the performance of duties or fringe
8 11 benefits normally provided to employees of the state.
8 12 Sec. 18. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The
8 13 various state departments, boards, commissions, councils, and
8 14 agencies, including the state board of regents, for the fiscal
8 15 year beginning July 1, 2009, and ending June 30, 2010, shall
8 16 provide from available sources pay adjustments, expense
8 17 reimbursements, and related benefits to fully fund the
8 18 following:
8 19 1. The collective bargaining agreement negotiated pursuant
8 20 to chapter 20 for employees in the blue collar bargaining
8 21 unit.
8 22 2. The collective bargaining agreement negotiated pursuant
8 23 to chapter 20 for employees in the public safety bargaining
8 24 unit.
8 25 3. The collective bargaining agreement negotiated pursuant
8 26 to chapter 20 for employees in the security bargaining unit.
8 27 4. The collective bargaining agreement negotiated pursuant
8 28 to chapter 20 for employees in the technical bargaining unit.
8 29 5. The collective bargaining agreement negotiated pursuant
8 30 to chapter 20 for employees in the professional fiscal and
8 31 staff bargaining unit.
8 32 6. The collective bargaining agreement negotiated pursuant
8 33 to chapter 20 for employees in the clerical bargaining unit.
8 34 7. The collective bargaining agreement negotiated pursuant
8 35 to chapter 20 for employees in the professional social
9 1 services bargaining unit.
9 2 8. The collective bargaining agreement negotiated pursuant
9 3 to chapter 20 for employees in the community=based corrections
9 4 bargaining unit.
9 5 9. The collective bargaining agreements negotiated
9 6 pursuant to chapter 20 for employees in the judicial branch of
9 7 government bargaining units.
9 8 10. The collective bargaining agreement negotiated
9 9 pursuant to chapter 20 for employees in the patient care
9 10 bargaining unit.
9 11 11. The collective bargaining agreement negotiated
9 12 pursuant to chapter 20 for employees in the science bargaining
9 13 unit.
9 14 12. The collective bargaining agreement negotiated
9 15 pursuant to chapter 20 for employees in the university of
9 16 northern Iowa faculty bargaining unit.
9 17 13. The collective bargaining agreement negotiated
9 18 pursuant to chapter 20 for employees in the state university
9 19 of Iowa graduate student bargaining unit.
9 20 14. The collective bargaining agreement negotiated
9 21 pursuant to chapter 20 for employees in the state university
9 22 of Iowa hospital and clinics tertiary health care bargaining
9 23 unit.
9 24 15. The annual pay adjustments, related benefits, and
9 25 expense reimbursements referred to in the sections of this
9 26 division of this Act addressing noncontract state and state
9 27 board of regents employees who are not covered by a collective
9 28 bargaining agreement.
9 29 Sec. 19. NONCONTRACT STATE EMPLOYEES == GENERAL.
9 30 1. For the fiscal year beginning July 1, 2009:
9 31 a. The maximum and minimum salary levels of all pay plans
9 32 provided for in section 8A.413, subsection 3, as they exist
9 33 for the fiscal year ending June 30, 2009, shall not increase.
9 34 b. Employees may receive a step increase or the equivalent
9 35 of a step increase.
10 1 c. The pay plan for noncontract judicial branch employees
10 2 shall not be increased.
10 3 d. The pay plans for state employees who are exempt from
10 4 chapter 8A, subchapter IV, and who are included in the
10 5 department of administrative services' centralized payroll
10 6 system shall not be increased, and any additional changes in
10 7 any executive branch pay plans shall be approved by the
10 8 governor.
10 9 2. This section does not apply to members of the general
10 10 assembly, board members, commission members, persons whose
10 11 salaries are set by the general assembly pursuant to this Act
10 12 or are set by the governor, or other persons designated in the
10 13 section of this division of this Act addressing appointed
10 14 state officers, employees designated under section 8A.412,
10 15 subsection 5, and employees covered by 11 IAC 53.6(3).
10 16 3. The pay plans for the bargaining eligible employees of
10 17 the state shall not be increased, and any additional changes
10 18 in such executive branch pay plans shall be approved by the
10 19 governor. As used in this section, "bargaining eligible
10 20 employee" means an employee who is eligible to organize under
10 21 chapter 20, but has not done so.
10 22 4. The policies for implementation of this section shall
10 23 be approved by the governor.
10 24 Sec. 20. STATE EMPLOYEES == STATE BOARD OF REGENTS. For
10 25 the fiscal year beginning July 1, 2009, and ending June 30,
10 26 2010, funds shall be provided from available sources of the
10 27 state board of regents for funding of collective bargaining
10 28 agreements for state board of regents employees covered by
10 29 such agreements and for the following state board of regents
10 30 employees not covered by a collective bargaining agreement:
10 31 1. Regents merit system employees and merit supervisory
10 32 employees.
10 33 2. Faculty members and professional and scientific
10 34 employees.
10 35 Sec. 21. BONUS PAY. For the fiscal year beginning July 1,
11 1 2009, and ending June 30, 2010, employees of the executive
11 2 branch, judicial branch, and legislative branch shall not
11 3 receive bonus pay unless otherwise authorized by law, required
11 4 pursuant to a contract of employment entered into before July
11 5 1, 2009, or required pursuant to a collective bargaining
11 6 agreement. This section does not apply to employees of the
11 7 state board of regents. For purposes of this section, "bonus
11 8 pay" means any additional remuneration provided an employee in
11 9 the form of a bonus, including but not limited to a retention
11 10 bonus, recruitment bonus, exceptional job performance pay,
11 11 extraordinary job performance pay, exceptional performance
11 12 pay, extraordinary duty pay, or extraordinary or special duty
11 13 pay, and any extra benefit not otherwise provided to other
11 14 similarly situated employees.
11 15 Sec. 22. SPECIAL FUNDS. For the fiscal year beginning
11 16 July 1, 2009, and ending June 30, 2010, salary adjustments
11 17 otherwise provided for in this division of this Act may be
11 18 funded using departmental revolving, trust, or special funds
11 19 for which the general assembly has established an operating
11 20 budget, provided doing so does not exceed the operating budget
11 21 established by the general assembly.
11 22 Sec. 23. FEDERAL FUNDS APPROPRIATED. For the fiscal year
11 23 beginning July 1, 2009, all federal grants to and the federal
11 24 receipts of the agencies affected by this division of this Act
11 25 which are received and may be expended for purposes of this
11 26 division of this Act are appropriated for those purposes and
11 27 as set forth in the federal grants or receipts.
11 28 Sec. 24. STATE TROOPER MEAL ALLOWANCE. For the fiscal
11 29 year beginning July 1, 2009, the sworn peace officers in the
11 30 department of public safety who are not covered by a
11 31 collective bargaining agreement negotiated pursuant to chapter
11 32 20 shall receive the same per diem meal allowance as the sworn
11 33 peace officers in the department of public safety who are
11 34 covered by a collective bargaining agreement negotiated
11 35 pursuant to chapter 20.
12 1 Sec. 25. SALARY MODEL ADMINISTRATOR. The salary model
12 2 administrator shall work in conjunction with the legislative
12 3 services agency to maintain the state's salary model used for
12 4 analyzing, comparing, and projecting state employee salary and
12 5 benefit information, including information relating to
12 6 employees of the state board of regents. The department of
12 7 revenue, the department of administrative services, the five
12 8 institutions under the jurisdiction of the state board of
12 9 regents, the judicial district departments of correctional
12 10 services, and the state department of transportation shall
12 11 provide salary data to the department of management and the
12 12 legislative services agency to operate the state's salary
12 13 model. The format and frequency of provision of the salary
12 14 data shall be determined by the department of management and
12 15 the legislative services agency. The information shall be
12 16 used in collective bargaining processes under chapter 20 and
12 17 in calculating the funding needs contained within the annual
12 18 salary adjustment legislation. A state employee organization
12 19 as defined in section 20.3, subsection 4, may request
12 20 information produced by the model, but the information
12 21 provided shall not contain information attributable to
12 22 individual employees.
12 23 Sec. 26. Section 8A.402, subsection 2, Code 2009, is
12 24 amended by adding the following new paragraph:
12 25 NEW PARAGRAPH. g. (1) (a) Consult with the department
12 26 of management and discuss and collaborate with executive
12 27 branch agencies to implement and maintain a policy for
12 28 increasing the aggregate ratio in the number of employees per
12 29 supervisor in executive branch agencies to be fourteen
12 30 employees for one supervisor. For purposes of determining the
12 31 effects of the policy on the state employee workforce, the
12 32 base date of July 1, 2008, shall be used and the target date
12 33 for full implementation shall be July 1, 2011.
12 34 (b) The policy shall allow appropriation units with
12 35 twenty=eight or fewer full=time equivalent employee positions
13 1 to apply for an exception to the policy through the executive
13 2 council.
13 3 (c) Before any reduction in supervisory layers is
13 4 implemented as a result of this paragraph "g", the department
13 5 shall notify the legislative fiscal committee of the
13 6 legislative council regarding the proposed reduction. The
13 7 notification shall include a list of the positions and
13 8 employment responsibilities to be eliminated or reduced, a
13 9 list of activities to be eliminated or reduced, and an
13 10 estimate of the savings expected to result from the
13 11 elimination or reduction. The legislative fiscal committee
13 12 shall report to the legislative council concerning the
13 13 notifications received.
13 14 (d) The department shall present an interim report to the
13 15 governor and general assembly on or before April 1, 2010, and
13 16 a final report on or before April 1, 2011, detailing the
13 17 effects of the policy on the composition of the workforce,
13 18 cost savings, government efficiency, and outcomes.
13 19 (e) The policy developed pursuant to this paragraph "g"
13 20 shall not encompass employees under the state board of regents
13 21 or a judicial district department of correctional services.
13 22 However, the department of administrative services shall work
13 23 with the state board of regents and the judicial district
13 24 departments of correctional services to advance the policy as
13 25 a goal for the supervisory staff of these units of state
13 26 government.
13 27 (2) Evaluate the state's systems for job classification of
13 28 executive branch employees in order to ensure the existence of
13 29 technical skill=based career paths for such employees which do
13 30 not depend upon an employee gaining supervisory responsibility
13 31 for advancement, and which provide incentives for such
13 32 employees to broaden their knowledge and skill base. The
13 33 evaluation shall include but is not limited to options for
13 34 eliminating obsolete, duplicative, or unnecessary job
13 35 classifications. The department shall present interim reports
14 1 to the general assembly on or before January 15, 2010, and
14 2 January 14, 2011, concerning the department's progress in
14 3 completing the evaluation and associated outcomes.
14 4 (3) In implementing this paragraph "g", give priority to
14 5 elimination or reduction of middle management employee
14 6 positions. In addition, prior to the elimination of employee
14 7 positions other than middle management positions or positions
14 8 eliminated due to early retirement, priority shall be given to
14 9 elimination or deferral by executive branch agencies of
14 10 purchases and out=of=state travel. The department of
14 11 management shall report quarterly to the legislative fiscal
14 12 committee of the legislative council and to the legislative
14 13 services agency regarding out=of=state travel authorized by
14 14 executive branch agencies including a listing by agency of
14 15 personnel authorized to travel, and the cost and purpose of
14 16 the travel authorized.
14 17 Sec. 27. 2009 Iowa Acts, Senate File 475, section 21, if
14 18 enacted, is amended to read as follows:
14 19 SEC. 21. SUPERVISOR AND EMPLOYEE RATIO. The department of
14 20 administrative services and the executive branch agencies
14 21 receiving appropriations in this Act shall pursue a goal of
14 22 achieving a ratio of fourteen employees per supervisor in such
14 23 agencies, by December 31, 2009.
14 24 DIVISION IV
14 25 CORRECTIVE PROVISIONS
14 26 Sec. 28. Section 8.57, subsection 6, paragraph e,
14 27 subparagraphs (2) and (3), if enacted by 2009 Iowa Acts,
14 28 Senate File 376, are amended by striking the subparagraphs and
14 29 inserting in lieu thereof the following:
14 30 (2) If the total amount of moneys directed to be deposited
14 31 in the general fund of the state under sections 99D.17 and
14 32 99F.11 in a fiscal year is less than the total amount of
14 33 moneys directed to be deposited in the revenue bonds debt
14 34 service fund in the fiscal year pursuant to this paragraph
14 35 "e", the difference shall be paid from moneys deposited in the
15 1 beer and liquor control fund created in section 123.53 in the
15 2 manner provided in section 123.53, subsection 2A.
15 3 (2) (3) If After the deposit of moneys directed to be
15 4 deposited in the general fund of the state and the revenue
15 5 bonds debt service fund as provided in subparagraph (1),
15 6 subparagraph division (a), if the total amount of moneys
15 7 directed to be deposited in the general fund of the state
15 8 under sections 99D.17 and 99F.11 in a fiscal year is less than
15 9 the total amount of moneys directed to be deposited in the
15 10 vision Iowa fund and the school infrastructure fund in the
15 11 fiscal year pursuant to this paragraph "e", the difference
15 12 shall be paid from lottery revenues in the manner provided in
15 13 section 99G.39, subsection 3.
15 14 Sec. 29. Section 12.90C, subsection 2, paragraph a, if
15 15 enacted by 2009 Iowa Acts, Senate File 477, is amended to read
15 16 as follows:
15 17 3. The net proceeds of bonds issued pursuant to section
15 18 12.90A other than bonds issued for the purpose of refunding
15 19 such bonds and investment earnings on the net proceeds.
15 20 Sec. 30. Section 21.2, subsection 1, paragraph i, if
15 21 enacted by 2009 Iowa Acts, Senate File 437, is amended to read
15 22 as follows:
15 23 i. The governing body of a drainage or levy levee district
15 24 as provided in chapter 468, including a board as defined in
15 25 section 468.3, regardless of how the district is organized.
15 26 Sec. 31. Section 22.1, subsection 1, as amended by 2009
15 27 Iowa Acts, Senate File 437, if enacted, is amended to read as
15 28 follows:
15 29 1. The term "government body" means this state, or any
15 30 county, city, township, school corporation, political
15 31 subdivision, tax=supported district, nonprofit corporation
15 32 other than a fair conducting a fair event as provided in
15 33 chapter 174, whose facilities or indebtedness are supported in
15 34 whole or in part with property tax revenue and which is
15 35 licensed to conduct pari=mutuel wagering pursuant to chapter
16 1 99D; the governing body of a drainage or levy levee district
16 2 as provided in chapter 468, including a board as defined in
16 3 section 468.3, regardless of how the district is organized; or
16 4 other entity of this state, or any branch, department, board,
16 5 bureau, commission, council, committee, official, or officer
16 6 of any of the foregoing or any employee delegated the
16 7 responsibility for implementing the requirements of this
16 8 chapter.
16 9 Sec. 32. Section 80D.3, subsection 3, paragraph b, if
16 10 enacted by 2009 Iowa Acts, House File 762, section 1, is
16 11 amended to read as follows:
16 12 b. A person appointed to serve as a reserve peace officer
16 13 who has met the one=hundred=fifty=hour training requirement
16 14 obtained by obtaining training at a community college or other
16 15 facility selected by the individual and approved by the law
16 16 enforcement agency prior to July 1, 2007, shall be exempted
16 17 from completing the minimum training course at the discretion
16 18 of the appointing authority and shall continue to hold
16 19 certification with the appointing authority.
16 20 Sec. 33. Section 89.3, subsection 5, paragraph a,
16 21 subparagraph (4), if enacted by 2009 Iowa Acts, House File
16 22 720, section 2, is amended to read as follows:
16 23 (4) The owner or user is a participant in good standing in
16 24 the Iowa occupational safety and health voluntary protection
16 25 program and have has achieved star status within the program,
16 26 which is administered by the division of labor in the
16 27 department of workforce development.
16 28 Sec. 34. Section 216A.132A, subsection 5, paragraph i, as
16 29 enacted by 2009 Iowa Acts, House File 315, section 1, is
16 30 amended to read as follows:
16 31 i. Iowa cooperative extension service in agriculture and
16 32 home economics.
16 33 Sec. 35. Section 321A.1, subsection 3, Code 2009, is
16 34 amended to read as follows:
16 35 3. JUDGMENT. A judgment which has become final by
17 1 expiration without appeal during the time within which an
17 2 appeal might have been perfected, or a judgment if an appeal
17 3 from the judgment has been perfected, which has not been
17 4 stayed by the execution, filing and approval of a bond as
17 5 provided in rule of appellate procedure 6.7(1) 6.601(1), or a
17 6 judgment which has become final by affirmation on appeal,
17 7 rendered by a court of competent jurisdiction of a state or of
17 8 the United States, upon a cause of action arising out of the
17 9 ownership, maintenance, or use of a motor vehicle, as defined
17 10 in this section, for damages, including damages for care and
17 11 loss of services, because of bodily injury to or death of a
17 12 person, or for damages because of injury to or destruction of
17 13 property, including the loss of use of property, or upon a
17 14 cause of action on an agreement of settlement for such
17 15 damages.
17 16 Sec. 36. Section 321A.3, subsection 8, paragraph a,
17 17 subparagraph (1), if enacted by 2009 Iowa Acts, Senate File
17 18 374, section 1, is amended to read as follows:
17 19 (1) A person who purchases a certified abstract of an
17 20 operating record directly from the department under this
17 21 section shall only use, sell, disclose, or distribute the
17 22 abstract or any portion of the abstract one time, for one
17 23 purpose, and the person shall not supply that abstract or any
17 24 portion of that abstract to more than one other person. The
17 25 person shall make a subsequent request for the record or
17 26 abstract and pay an additional fee for the request in the same
17 27 manner as provided for the initial request for any subsequent
17 28 use, sale, disclosure, or distribution of the same certified
17 29 abstract or any portion of the abstract or to supply the same
17 30 certified abstract or any portion of the abstract to another
17 31 person, except as provided in subparagraph (2).
17 32 Sec. 37. Section 347.7, subsection 4, paragraph a, if
17 33 enacted by 2009 Iowa Acts, House File 260, section 5, is
17 34 amended to read as follows:
17 35 a. The tax levy authorized by this section for operation
18 1 and maintenance of the hospital may be available in whole or
18 2 in part to any county with or without a county hospital
18 3 organized under this chapter, to be used to enhance rural
18 4 health services in the county. However, the tax levied may be
18 5 expended for enhancement of rural health care services only
18 6 following a local planning process. The Iowa department of
18 7 public health shall establish guidelines to be followed by
18 8 counties in implementing the local planning process which
18 9 shall require legal notice, public hearings, and a referendum
18 10 in accordance with this subsection prior to the authorization
18 11 of any new levy or a change in the use of a levy. The notice
18 12 shall describe the new levy or the change in the use of the
18 13 levy, indicate the date and location of the hearing, and shall
18 14 be published as at least once each week for two consecutive
18 15 weeks in a newspaper having general circulation in the county.
18 16 The hearing shall not take place prior to two weeks after the
18 17 second publication.
18 18 Sec. 38. Section 423.4, subsection 5, paragraph f, Code
18 19 2009, as amended by 2009 Iowa Acts, Senate File 322, section
18 20 7, is amended to read as follows:
18 21 f. Notwithstanding the state sales tax imposed in section
18 22 423.2, a rebate issued pursuant to this section subsection
18 23 shall not exceed an amount equal to five percent of the sales
18 24 price of the tangible personal property or services furnished
18 25 to purchasers at the automobile racetrack facility. Any local
18 26 option taxes paid and collected shall not be subject to rebate
18 27 under this subsection.
18 28 Sec. 39. Section 533.329, subsection 2, paragraph m, Code
18 29 2009, is amended to read as follows:
18 30 m. The moneys and credits tax imposed under this section
18 31 shall be reduced by a redevelopment tax credit allowed under
18 32 chapter 15, subchapter II, part 9.
18 33 Sec. 40. Section 533A.2, subsection 2, paragraph h, if
18 34 enacted by 2009 Iowa Acts, Senate File 311, section 2, is
18 35 amended to read as follows:
19 1 h. A person licensed under chapter 533C, including that
19 2 person's authorized delegates as defined in section 533C.102,
19 3 or a person exempt from licensing under section 533C.103, when
19 4 engaging in money transmission or currency exchange as defined
19 5 in chapter section 533C.102.
19 6 Sec. 41. Section 535D.4A, subsection 1, if enacted by 2009
19 7 Iowa Acts, Senate File 355, section 5, is amended to read as
19 8 follows:
19 9 1. A registered mortgage loan originator when acting for
19 10 an employer described in section 535D.3, subsection 11 12.
19 11 Sec. 42. Section 535B.7A, as enacted by 2009 Iowa Acts,
19 12 Senate File 355, section 30, is amended to read as follows:
19 13 535B.7A PROHIBITED ACTS.
19 14 It is a violation of this chapter for a licensee to engage
19 15 in any of the prohibited acts or practices in section 535D.16
19 16 535D.17.
19 17 Sec. 43. Section 598.21, subsection 2, Code 2009, as
19 18 amended by 2009 Iowa Acts, Senate File 288, section 36, is
19 19 amended to read as follows:
19 20 2. DUTIES OF COUNTY RECORDER. The county recorder shall
19 21 record each quitclaim deed or change of title and shall
19 22 collect the fees fee specified in section 331.507, subsection
19 23 2, paragraph "a", and the fee fees specified in section
19 24 331.604.
19 25 Sec. 44. Section 633A.5107, subsection 5, if enacted by
19 26 2009 Iowa Acts, Senate File 320, section 1, is amended to read
19 27 as follows:
19 28 5. For a charitable trust described in subsection 1,
19 29 created prior to the effective date of this Act and still in
19 30 existence, the trustee shall register the trust with and
19 31 submit a current copy of the trust instrument and financial
19 32 report to the attorney general not later than one hundred
19 33 thirty=five days after the close of the trust's next fiscal
19 34 year following the effective date of this Act. The trustee
19 35 shall comply with the remainder of this Act section as if the
20 1 charitable trust were created on or after the effective date
20 2 of this Act.
20 3 Sec. 45. Section 637.421, subsection 6, as enacted by 2009
20 4 Iowa Acts, Senate File 365, section 12, is amended to read as
20 5 follows:
20 6 6. A trustee shall determine the internal income of each
20 7 separate fund for the accounting period as if the separate
20 8 fund were a trust subject to this chapter. Upon request of
20 9 the surviving spouse, the trustee shall demand that the person
20 10 administering the separate fund to distribute such internal
20 11 income to the trust. The trustee shall allocate a payment
20 12 from the separate fund to income to the extent of the internal
20 13 income of the separate fund and distribute that amount to the
20 14 surviving spouse. The trustee shall allocate the balance to
20 15 principal. Upon request of the surviving spouse, the trustee
20 16 shall allocate principal to income to the extent the internal
20 17 income of the separate fund exceeds payments made from the
20 18 separate fund to the trust during the accounting period.
20 19 Sec. 46. Section 915.86, subsections 8 and 12, Code 2009,
20 20 are amended to read as follows:
20 21 8. In the event of a victim's death, reasonable charges
20 22 incurred for counseling the victim's spouse, children,
20 23 parents, siblings, or persons cohabiting with or related by
20 24 blood or affinity to the victim if the counseling services are
20 25 provided by a psychologist licensed under chapter 154B, a
20 26 victim counselor as defined in section 915.20A, subsection 1,
20 27 or an individual holding at least a master's degree in social
20 28 work or counseling and guidance, and reasonable charges
20 29 incurred by such persons for medical care counseling provided
20 30 by a psychiatrist licensed under chapter 147 or 150A 148. The
20 31 allowable charges under this subsection shall not exceed five
20 32 thousand dollars per person.
20 33 12. Reasonable charges incurred for mental health care for
20 34 secondary victims which include the services provided by a
20 35 psychologist licensed under chapter 154B, a person holding at
21 1 least a master's degree in social work, counseling, or a
21 2 related field, a victim counselor as defined in section
21 3 915.20A, or a psychiatrist licensed under chapter 147, 148, or
21 4 150A. The allowable charges under this subsection shall not
21 5 exceed two thousand dollars per secondary victim.
21 6 Sec. 47. 2009 Iowa Acts, Senate File 197, section 9, is
21 7 amended to read as follows:
21 8 SEC. 9. APPLICABILITY AND EFFECTIVE DATES. The section of
21 9 this Act amending section 96.3, subsection 5, applies to any
21 10 week of unemployment benefits beginning on or after July 5,
21 11 2009. The section of this Act amending section 96.4 applies
21 12 to any new claim of unemployment benefits with an effective
21 13 date on or after July 5, 2009.
21 14 Sec. 48. 2009 Iowa Acts, Senate File 364, section 17,
21 15 subsection 5, is amended to read as follows:
21 16 5. The section of this Act enacting section 654.4B,
21 17 subsection 1, and the sections of this Act amending sections
21 18 626.81, 654.5, and 654.17 apply to judgments entered on or
21 19 after the effective date of this Act.
21 20 Sec. 49. 2009 Iowa Acts, Senate File 445, section 10,
21 21 amending section 294A.9, subsection 9, if enacted, being
21 22 deemed of immediate importance, takes effect upon enactment.
21 23 Sec. 50. 2009 Iowa Acts, Senate File 446, section 82, is
21 24 repealed.
21 25 Sec. 51. CONTINGENT REPEAL. If 2009 Iowa Acts, Senate
21 26 File 438, is enacted and amends section 235B.2, subsection 5,
21 27 paragraph "a", subparagraph (3), 2009 Iowa Acts, Senate File
21 28 446, sections 95 and 96, are repealed.
21 29 Sec. 52. EFFECTIVE DATES AND RETROACTIVITY. The section
21 30 of this division of this Act relating to 2009 Iowa Acts,
21 31 Senate File 445, section 10, and amending section 294A.9,
21 32 subsection 9, being deemed of immediate importance, takes
21 33 effect upon enactment.
21 34 DIVISION V
21 35 JUDICIAL BRANCH FEES == APPROPRIATIONS
22 1 Sec. 53. Section 602.8105, subsection 1, paragraph a, Code
22 2 2009, is amended to read as follows:
22 3 a. For Except as otherwise provided in this subsection,
22 4 for filing and docketing a petition, other than a modification
22 5 of a dissolution decree to which a written stipulation is
22 6 attached at the time of filing containing the agreement of the
22 7 parties to the terms of modification, one hundred eighty=five
22 8 dollars. In counties having a population of ninety=eight
22 9 thousand or over, an additional five dollars shall be charged
22 10 and collected to be known as the journal publication fee and
22 11 used for the purposes provided for in section 618.13. For
22 12 multiple adoption petitions filed at the same time by the same
22 13 petitioner under section 600.3, the filing fee and any court
22 14 costs for any petition filed in addition to the first petition
22 15 filed are waived.
22 16 Sec. 54. Section 602.8105, subsection 1, Code 2009, is
22 17 amended by adding the following new paragraph:
22 18 NEW PARAGRAPH. aa. For filing and docketing a petition
22 19 pursuant to chapter 598 other than a dissolution of marriage
22 20 petition, one hundred dollars.
22 21 Sec. 55. Section 602.8105, subsection 1, paragraph b, Code
22 22 2009, is amended to read as follows:
22 23 b. For filing and docketing an application for
22 24 modification of a dissolution decree to which a written
22 25 stipulation is attached at the time of filing containing the
22 26 agreement of the parties to the terms of modification, fifty
22 27 one hundred dollars.
22 28 Sec. 56. Section 602.8105, subsection 1, Code 2009, is
22 29 amended by adding the following new paragraph:
22 30 NEW PARAGRAPH. cc. For filing and docketing a petition
22 31 for adoption pursuant to chapter 600, one hundred dollars.
22 32 For multiple adoption petitions filed at the same time by the
22 33 same petitioner under section 600.3, the filing fee and any
22 34 court costs for any petition filed in addition to the first
22 35 petition filed are waived.
23 1 Sec. 57. Section 602.8105, subsection 1, paragraph e, Code
23 2 2009, is amended to read as follows:
23 3 e. For an appeal from a judgment in small claims or for
23 4 filing and docketing a writ of error, seventy=five one hundred
23 5 eighty=five dollars.
23 6 Sec. 58. Section 602.8105, subsection 2, paragraphs a, b,
23 7 c, and d, Code 2009, are amended to read as follows:
23 8 a. For filing, entering, and endorsing a mechanic's lien,
23 9 twenty fifty dollars, and if a suit is brought, the fee is
23 10 taxable as other costs in the action.
23 11 b. For filing and entering any other statutory lien,
23 12 twenty fifty dollars.
23 13 c. For a certificate and seal, ten twenty dollars.
23 14 However, there shall be no charge for a certificate and seal
23 15 to an application to procure a pension, bounty, or back pay
23 16 for a member of the armed services or other person.
23 17 d. For certifying a change in title of real estate, twenty
23 18 fifty dollars.
23 19 Sec. 59. Section 602.8105, subsection 2, Code 2009, is
23 20 amended by adding the following new paragraph:
23 21 NEW PARAGRAPH. gg. For filing a lis pendens, fifty
23 22 dollars.
23 23 Sec. 60. Section 602.8106, subsection 1, paragraphs b, d,
23 24 e, and f, Code 2009, are amended to read as follows:
23 25 b. For filing and docketing of a complaint or information
23 26 for a simple misdemeanor and a complaint or information for a
23 27 nonscheduled simple misdemeanor under chapter 321, fifty sixty
23 28 dollars.
23 29 d. The court costs in scheduled violation cases where a
23 30 court appearance is required, fifty sixty dollars.
23 31 e. For court costs in scheduled violation cases where a
23 32 court appearance is not required, fifty sixty dollars.
23 33 f. For an appeal of a simple misdemeanor to the district
23 34 court, fifty seventy=five dollars.
23 35 Sec. 61. Section 625.8, subsection 2, Code 2009, is
24 1 amended to read as follows:
24 2 2. The clerk of the district court shall tax as a court
24 3 cost a fee of fifteen forty dollars per day for the services
24 4 of a court reporter.
24 5 Sec. 62. Section 631.6, subsection 1, paragraph a, Code
24 6 2009, is amended to read as follows:
24 7 a. Fees for filing and docketing shall be fifty
24 8 eighty=five dollars.
24 9 Sec. 63. Section 633.31, subsection 2, paragraph k,
24 10 unnumbered paragraph 8, Code 2009, is amended to read as
24 11 follows:
24 12 For each additional $25,000.00 or major
24 13 fraction thereof ....................................... 25.00
24 14 50.00
24 15 Sec. 64. Section 911.1, subsection 1, Code 2009, is
24 16 amended to read as follows:
24 17 1. A criminal penalty surcharge shall be levied against
24 18 law violators as provided in this section. When a court
24 19 imposes a fine or forfeiture for a violation of state law, or
24 20 a city or county ordinance, except an ordinance regulating the
24 21 parking of motor vehicles, the court or the clerk of the
24 22 district court shall assess an additional penalty in the form
24 23 of a criminal penalty surcharge equal to thirty=two
24 24 thirty=five percent of the fine or forfeiture imposed.
24 25 Sec. 65. 2009 Iowa Acts, Senate File 472, section 1,
24 26 subsection 1, unnumbered paragraph 2, if enacted, is amended
24 27 to read as follows:
24 28 For salaries of supreme court justices, appellate court
24 29 judges, district court judges, district associate judges,
24 30 judicial magistrates and staff, state court administrator,
24 31 clerk of the supreme court, district court administrators,
24 32 clerks of the district court, juvenile court officers, board
24 33 of law examiners and board of examiners of shorthand reporters
24 34 and judicial qualifications commission; receipt and
24 35 disbursement of child support payments; reimbursement of the
25 1 auditor of state for expenses incurred in completing audits of
25 2 the offices of the clerks of the district court during the
25 3 fiscal year beginning July 1, 2009; and maintenance,
25 4 equipment, and miscellaneous purposes:
25 5 .................................................. $149,184,957
25 6 160,184,957
25 7 As a condition of receiving an increase to the
25 8 appropriation made in this section, the judicial branch shall
25 9 allocate the first $5,400,000 of the increased amount as
25 10 follows: $4,800,000 for the state's required contribution
25 11 under section 602.9104 to the judicial retirement fund,
25 12 $350,000 for court debt collection, and $250,000 for judicial
25 13 officer and court employee travel reimbursement for civil
25 14 trials.
25 15 Sec. 66. JUDICIAL BRANCH. There is appropriated from the
25 16 general fund of the state to the judicial branch for the
25 17 fiscal year beginning July 1, 2008, and ending June 30, 2009,
25 18 the following amount, or so much thereof as is necessary, to
25 19 be used for the purposes designated:
25 20 For the operations and duties of the judicial branch, and
25 21 maintenance, equipment, and miscellaneous purposes:
25 22 .................................................. $ 760,000
25 23 Sec. 67. DRUG COURT PROGRAMS. In addition to the
25 24 appropriations in 2009 Iowa Acts, Senate File 475, section 5,
25 25 if enacted, and any other appropriations, there is
25 26 appropriated from the general fund of the state to the
25 27 department of corrections for the fiscal year beginning July
25 28 1, 2009, and ending June 30, 2010, the following amounts, or
25 29 so much thereof as is necessary, for maintaining drug court
25 30 programs in each county in which such a program exists as of
25 31 April 1, 2009, within a judicial district department of
25 32 correctional services, to be allocated as follows:
25 33 1. For the first judicial district department of
25 34 correctional services:
25 35 .................................................. $ 359,895
26 1 2. For the second judicial district department of
26 2 correctional services:
26 3 .................................................. $ 252,799
26 4 3. For the third judicial district department of
26 5 correctional services:
26 6 .................................................. $ 220,856
26 7 4. For the fourth judicial district department of
26 8 correctional services:
26 9 .................................................. $ 318,752
26 10 5. For the fifth judicial district department of
26 11 correctional services:
26 12 .................................................. $ 319,582
26 13 6. For the sixth judicial district department of
26 14 correctional services:
26 15 .................................................. $ 369,486
26 16 7. For the seventh judicial district department of
26 17 correctional services:
26 18 .................................................. $ 157,173
26 19 8. For the eighth judicial district department of
26 20 correctional services:
26 21 .................................................. $ 182,066
26 22 It is the intent of the general assembly that each judicial
26 23 district department of correctional services shall cooperate
26 24 with and utilize local community=based treatment providers
26 25 licensed under chapter 125. Each judicial district department
26 26 of correctional services shall submit a report to the general
26 27 assembly and to the co=chairpersons and ranking members of the
26 28 joint appropriations subcommittee on the justice system, and
26 29 the legislative services agency by December 15, 2009,
26 30 detailing the utilization of drug court funds allocated in
26 31 this section.
26 32 Sec. 68. ADDITIONAL APPROPRIATION == DEPARTMENT OF PUBLIC
26 33 SAFETY. In addition to the appropriations in 2009 Iowa Acts,
26 34 Senate File 475, section 14, if enacted, and any other
26 35 appropriations, there is appropriated from the general fund of
27 1 the state to the department of public safety for the fiscal
27 2 year beginning July 1, 2009, and ending June 30, 2010, the
27 3 following amount, or so much thereof as is necessary, to be
27 4 used for the purpose designated:
27 5 For performing the duties of the department:
27 6 .................................................. $ 1,576,987
27 7 Sec. 69. VICTIM ASSISTANCE GRANTS. In addition to the
27 8 appropriation in 2009 Iowa Acts, Senate File 475, section 1,
27 9 if enacted, and any other appropriations, there is
27 10 appropriated from the general fund of the state to the
27 11 department of justice for the fiscal year beginning July 1,
27 12 2009, and ending June 30, 2010, the following amount, or so
27 13 much thereof as is necessary, to be used for the purposes
27 14 designated:
27 15 For victim assistance grants:
27 16 .................................................. $ 1,000,000
27 17 Sec. 70. FAMILY LAW MEDIATION. Each judicial district is
27 18 encouraged to implement a family law mediation program
27 19 pursuant to section 598.7, to encourage the resolution of
27 20 domestic relations disputes through facilitation of
27 21 communication and negotiation between parties in reaching
27 22 voluntary agreements, rather than prolonged judicial,
27 23 administrative, arbitral, or other adjudicative processes or
27 24 proceedings. Each judicial district shall report to the
27 25 supreme court by January 15, 2010, its decision regarding such
27 26 implementation.
27 27 Sec. 71. EFFECTIVE DATES.
27 28 1. This division of this Act, being deemed of immediate
27 29 importance, takes effect upon enactment.
27 30 2. Notwithstanding subsection 1, the sections of this
27 31 division of this Act amending 2009 Iowa Acts, Senate File 472,
27 32 section 1, subsection 1, unnumbered paragraph 2, appropriating
27 33 moneys to the department of corrections for drug court
27 34 programs, supplementing appropriations to the department of
27 35 public safety for duties of the department, and supplementing
28 1 appropriations to the department of justice for victim
28 2 assistance grants, take effect July 1, 2009.
28 3 DIVISION VI
28 4 TRANSPORTATION PROVISIONS
28 5 Sec. 72. DEPARTMENT OF TRANSPORTATION.
28 6 1. There is appropriated from the primary road fund to the
28 7 department of transportation for the fiscal year beginning
28 8 July 1, 2008, and ending June 30, 2009, the following amount,
28 9 or so much thereof as is necessary, to be used for the
28 10 purposes designated:
28 11 For the purchase of salt:
28 12 .................................................. $ 2,271,600
28 13 2. Notwithstanding section 8.33, moneys appropriated in
28 14 this section that remain unencumbered or unobligated at the
28 15 close of the fiscal year shall not revert but shall remain
28 16 available for expenditure for the designated purpose until the
28 17 close of the succeeding fiscal year.
28 18 Sec. 73. Section 321H.3, subsection 2, Code 2009, as
28 19 amended by 2009 Acts, Senate File 419, if enacted, is amended
28 20 to read as follows:
28 21 2. Dismantling, scrapping, recycling, or salvaging, or
28 22 obtaining a junking certificate for more than six vehicles
28 23 subject to registration in a twelve=month period.
28 24 Sec. 74. REIMBURSEMENT TO CITY OF MUSCATINE. There is
28 25 appropriated from the road use tax fund to the department of
28 26 transportation for the fiscal year beginning July 1, 2009, and
28 27 ending June 30, 2010, the following amount, or so much thereof
28 28 as is necessary, to be used for the purposes designated:
28 29 To reimburse the city of Muscatine for costs associated
28 30 with implementation of section 314.29:
28 31 .................................................. $ 1,072
28 32 Sec. 75. PAYMENT OF CEDAR FALLS ASSESSMENT. There is
28 33 appropriated from the road use tax fund to the department of
28 34 transportation for the fiscal year beginning July 1, 2009, and
28 35 ending June 30, 2010, the following amount, or so much thereof
29 1 as is necessary, to be used for the purpose designated:
29 2 For payment pursuant to section 307.45, to the city of
29 3 Cedar Falls for improvements to west twenty=third street
29 4 adjoining university of northern Iowa property:
29 5 .................................................. $ 317,906
29 6 Sec. 76. Section 307.45, unnumbered paragraph 4, Code
29 7 2009, is amended by striking the unnumbered paragraph.
29 8 Sec. 77. EFFECTIVE DATE. The section of this division of
29 9 this Act relating to the appropriation from the primary road
29 10 fund to the department of transportation for the purchase of
29 11 salt, being deemed of immediate importance, takes effect upon
29 12 enactment.
29 13 DIVISION VII
29 14 MISCELLANEOUS APPROPRIATIONS
29 15 Sec. 78. RACING AND GAMING COMMISSION. There is
29 16 appropriated from the general fund of the state to the racing
29 17 and gaming commission for the fiscal year beginning July 1,
29 18 2009, and ending June 30, 2010, the following amount, or so
29 19 much thereof as is necessary, to be used for the purposes
29 20 designated:
29 21 1. RACETRACK REGULATION
29 22 For salaries, support, maintenance, and miscellaneous
29 23 purposes and for the regulation of pari=mutuel racetracks:
29 24 .................................................. $ 277,374
29 25 2. EXCURSION BOAT AND GAMBLING STRUCTURE REGULATION
29 26 For salaries, support, maintenance, and miscellaneous
29 27 purposes and for administration and enforcement of the
29 28 excursion boat gambling and gambling structure laws:
29 29 .................................................. $ 321,316
29 30 Sec. 79. 2009 Iowa Acts, Senate File 470, section 10,
29 31 subsection 2, paragraph b, if enacted, is amended to read as
29 32 follows:
29 33 b. Center for disabilities and development
29 34 For salaries, support, maintenance, miscellaneous purposes,
29 35 and for not more than the following full=time equivalent
30 1 positions:
30 2 .................................................. $ 6,335,993
30 3 ............................................... FTEs 130.37
30 4 From the moneys appropriated in this lettered paragraph,
30 5 $182,140 shall be allocated for purposes of the employment
30 6 policy group.
30 7 Sec. 80. 2009 Iowa Acts, House File 811, section 9,
30 8 unnumbered paragraph 2, if enacted, is amended to read as
30 9 follows:
30 10 For medical assistance reimbursement and associated costs
30 11 as specifically provided in the reimbursement methodologies in
30 12 effect on June 30, 2009, except as otherwise expressly
30 13 authorized by law, including reimbursement for abortion
30 14 services which shall be available under the medical assistance
30 15 program only for those abortions which are medically
30 16 necessary:
30 17 .................................................. $677,613,847
30 18 681,949,840
30 19 Sec. 81. 2009 Iowa Acts, House File 811, section 9,
30 20 subsection 12, if enacted, is amended to read as follows:
30 21 12. a. Of the funds appropriated in this section,
30 22 $2,687,889 $7,023,882 is allocated for state match for
30 23 disproportionate share hospital payment of $7,321,954
30 24 $19,133,430 to hospitals that meet both of the following
30 25 conditions:
30 26 (1) The hospital qualifies for disproportionate share and
30 27 graduate medical education payments.
30 28 (2) The hospital is an Iowa state=owned hospital with more
30 29 than 500 beds and eight or more distinct residency specialty
30 30 or subspecialty programs recognized by the American college of
30 31 graduate medical education.
30 32 b. Distribution of the disproportionate share payment
30 33 shall be made on a monthly basis. The total amount of
30 34 disproportionate share payments including graduate medical
30 35 education, enhanced disproportionate share, and Iowa
31 1 state=owned teaching hospital payments shall not exceed the
31 2 amount of the state's allotment under Pub. L. No. 102=234. In
31 3 addition, the total amount of all disproportionate share
31 4 payments shall not exceed the hospital=specific
31 5 disproportionate share limits under Pub. L. No. 103=66.
31 6 c. The department shall amend the medical assistance state
31 7 plan as necessary to implement the provisions of this
31 8 subsection. If the state plan amendment is not approved as
31 9 submitted or there are changes in federal policies or
31 10 application of federal policies that impact the distribution
31 11 of disproportionate share hospital payments, the department
31 12 shall immediately notify the governor and the general
31 13 assembly.
31 14 Sec. 82. TUITION GRANTS == APPROPRIATION. There is
31 15 appropriated from the general fund of the state to the college
31 16 student aid commission for the fiscal year beginning July 1,
31 17 2009, and ending June 30, 2010, the following amount, or so
31 18 much thereof as is necessary, to be used for the purposes
31 19 designated:
31 20 For tuition grants as provided under section 261.25,
31 21 subsection 1:
31 22 .................................................. $ 2,000,000
31 23 Sec. 83. 2009 Iowa Acts, Senate File 467, section 1, if
31 24 enacted, is amended by adding the following new subsection:
31 25 NEW SUBSECTION. 3. Of the amount appropriated in this
31 26 section, $238,000 is transferred to Iowa state university of
31 27 science and technology, to be used for the university's
31 28 midwest grape and wine industry institute.
31 29 DIVISION VIII
31 30 MISCELLANEOUS STATUTORY CHANGES
31 31 Sec. 84. COUNTY LAND RECORD INFORMATION SYSTEM == PROJECT
31 32 MANAGER. If Senate File 465, relating to the duties of county
31 33 recorders, fees collected by the county recorders, and the
31 34 county land record information system, is enacted by the
31 35 Eighty=third General Assembly and signed into law by the
32 1 governor, the governing board of the county land record
32 2 information system shall immediately terminate any existing
32 3 contract with a project manager if such termination prior to
32 4 the end of the contract term is permitted under the contract.
32 5 Following such termination the governing board of the county
32 6 land record information system shall initiate a new request
32 7 for proposals for a project manager.
32 8 Sec. 85. GLENWOOD STATE PRESERVE. Portions of the
32 9 property of the Glenwood state resource center that are not
32 10 necessary to the operation of the center and that have been
32 11 determined to be archaeologically and environmentally
32 12 significant by the state archaeologist, shall be transferred
32 13 to the jurisdiction of the department of natural resources.
32 14 The director of the department of human services shall execute
32 15 such real estate transfer documents as are necessary to
32 16 transfer such real property of the Glenwood state resource
32 17 center, as identified in contract completion report No. 1553
32 18 (2007) of the state archaeologist, to the department of
32 19 natural resources. The state advisory board for preserves
32 20 shall assess the natural condition, character, and features of
32 21 the transferred property and make recommendations for the
32 22 establishment of a state preserve on the property. The
32 23 department of natural resources may establish agreements with
32 24 governmental bodies and independent nonprofit agencies to
32 25 construct recreational and educational facilities on the
32 26 transferred property, such as, but not limited to, event
32 27 facilities and interpretive centers.
32 28 Sec. 86. DISASTER=IMPACTED EXEMPTION. Notwithstanding the
32 29 requirement for the filing of a claim for property tax
32 30 exemption by February 1, and notwithstanding any other
32 31 provisions to the contrary, a society or organization claiming
32 32 an exemption under section 427.1, subsection 14, may file for
32 33 an exemption with the local assessor by May 1, 2009, for
32 34 property that is located in a county declared a disaster area
32 35 in calendar year 2008, if the society or organization was
33 1 unable to file for the exemption as a result of the inability
33 2 or failure to file for the exemption caused by the need to
33 3 respond to a natural disaster occurring in calendar year 2008.
33 4 Sec. 87. NEW SECTION. 7D.16 ALCOHOLIC BEVERAGES IN STATE
33 5 CAPITOL OR ON COMPLEX GROUNDS.
33 6 Notwithstanding any contrary provision of law prohibiting
33 7 the use and consumption of alcoholic beverages in a public
33 8 place, the executive council may authorize, by resolution, the
33 9 temporary use and consumption of alcoholic beverages, as
33 10 defined in section 123.3, in the state capitol or on the state
33 11 capitol complex grounds, as if the state capitol or state
33 12 capitol complex grounds were a private place. The
33 13 authorization by resolution shall be limited to the use and
33 14 consumption of alcoholic beverages as an accompaniment to food
33 15 at a single award ceremony, social event, or other occasion
33 16 deemed appropriate by the executive council. The
33 17 authorization shall require that the person providing the food
33 18 and alcoholic beverages possess an appropriate liquor control
33 19 license in accordance with section 123.95. The secretary of
33 20 the executive council shall inform the secretary of the
33 21 legislative council and the director of the department of
33 22 administrative services of the approval of any such
33 23 resolution.
33 24 Sec. 88. Section 15.335, Code 2009, is amended by adding
33 25 the following new subsection:
33 26 NEW SUBSECTION. 6. Notwithstanding any provision to the
33 27 contrary, the amount of tax credit claimed under this section
33 28 and the identity of the taxpayer making the claim shall be a
33 29 public record. The department of revenue shall issue a
33 30 quarterly report containing the name of each taxpayer claiming
33 31 the credit, the dollar amount of the claim, and the portion of
33 32 the claim issued as a refund to the taxpayer, for each claim
33 33 processed during the previous calendar quarter, beginning with
33 34 claims filed on or after July 1, 2009.
33 35 Sec. 89. Section 15.335, subsection 4, paragraph b, Code
34 1 2009, is amended to read as follows:
34 2 b. For purposes of this section, "Internal Revenue Code"
34 3 means the Internal Revenue Code in effect on January 1, 2008
34 4 2009.
34 5 Sec. 90. Section 15A.9, subsection 8, paragraph e,
34 6 subparagraph (2), Code 2009, is amended to read as follows:
34 7 (2) For purposes of this subsection, "Internal Revenue
34 8 Code" means the Internal Revenue Code in effect on January 1,
34 9 2008 2009.
34 10 Sec. 91. Section 15E.196, subsection 1, paragraph b, Code
34 11 2009, is amended by striking the paragraph.
34 12 Sec. 92. Section 15E.305, subsection 1, Code 2009, is
34 13 amended to read as follows:
34 14 1. For tax years beginning on or after January 1, 2003, a
34 15 tax credit shall be allowed against the taxes imposed in
34 16 chapter 422, divisions II, III, and V, and in chapter 432, and
34 17 against the moneys and credits tax imposed in section 533.329
34 18 equal to twenty twenty=five percent of a taxpayer's endowment
34 19 gift to an endow Iowa qualified community foundation. An
34 20 individual may claim a tax credit under this section of a
34 21 partnership, limited liability company, S corporation, estate,
34 22 or trust electing to have income taxed directly to the
34 23 individual. The amount claimed by the individual shall be
34 24 based upon the pro rata share of the individual's earnings
34 25 from the partnership, limited liability company, S
34 26 corporation, estate, or trust. A tax credit shall be allowed
34 27 only for an endowment gift made to an endow Iowa qualified
34 28 community foundation for a permanent endowment fund
34 29 established to benefit a charitable cause in this state. The
34 30 amount of the endowment gift for which the tax credit is
34 31 claimed shall not be deductible in determining taxable income
34 32 for state income tax purposes. Any tax credit in excess of
34 33 the taxpayer's tax liability for the tax year may be credited
34 34 to the tax liability for the following five years or until
34 35 depleted, whichever occurs first. A tax credit shall not be
35 1 carried back to a tax year prior to the tax year in which the
35 2 taxpayer claims the tax credit.
35 3 Sec. 93. Section 15E.305, subsection 2, unnumbered
35 4 paragraph 1, Code 2009, is amended to read as follows:
35 5 The aggregate amount of tax credits authorized pursuant to
35 6 this section shall not exceed a total of two three million
35 7 dollars plus such additional credit amount as provided by this
35 8 section annually. The maximum amount of tax credits granted
35 9 to a taxpayer shall not exceed five percent of the aggregate
35 10 amount of tax credits authorized.
35 11 Sec. 94. Section 26.3, subsection 2, Code 2009, is amended
35 12 to read as follows:
35 13 2. A governmental entity shall have an engineer licensed
35 14 under chapter 542B, a landscape architect licensed under
35 15 chapter 544B, or an architect registered under chapter 544A
35 16 prepare plans and specifications, and calculate the estimated
35 17 total cost of a proposed public improvement. A governmental
35 18 entity shall ensure that sufficient paper copies of the plans,
35 19 specifications, and estimated total costs of the proposed
35 20 public improvement are available for prospective bidders.
35 21 Sec. 95. Section 26.7, subsection 3, Code 2009, is amended
35 22 to read as follows:
35 23 3. On public improvements to be financed wholly or
35 24 partially by special assessments against benefited property,
35 25 the governmental entity, in the notice to bidders, may request
35 26 aggregate bids for all projects included in any resolution of
35 27 necessity, notwithstanding variations in the sizes of the
35 28 improvements and notwithstanding that some parts of the
35 29 improvements are assessable and some nonassessable, and may
35 30 award the contract to the lowest responsive, responsible
35 31 bidder submitting the lowest aggregate bid.
35 32 Sec. 96. Section 26.9, Code 2009, is amended to read as
35 33 follows:
35 34 26.9 AWARD OF CONTRACT.
35 35 The contract for the public improvement must be awarded to
36 1 the lowest responsive, responsible bidder. The designation of
36 2 contractors and subcontractors as a responsible bidder is an
36 3 independent function and involves an analysis separate from
36 4 the price of the bid. Factors used to determine a responsible
36 5 bidder shall include, but shall not be limited to financial
36 6 responsibility, compliance with applicable laws, and ability
36 7 and experience in the performance of similar contracts. A
36 8 public entity may use a prequalification questionnaire as a
36 9 means for predefining acceptable, responsible bidders.
36 10 However, contracts relating to public utilities or extensions
36 11 or improvements thereof, as described in sections 384.80
36 12 through 384.94, may be awarded by the city as it deems to be
36 13 in the best interests of the city. This section shall not be
36 14 construed to prohibit a governmental entity in the award of a
36 15 contract for a public improvement or a governing body of a
36 16 city utility from providing, in the award of a contract for a
36 17 public improvement, an enhancement of payments upon early
36 18 completion of the public improvement if the availability of
36 19 the enhancement payments is included in the notice to bidders,
36 20 the enhancement payments are competitively neutral to
36 21 potential bidders, the enhancement payments are considered as
36 22 a separate item in the public hearing on the award of
36 23 contract, and the total value of the enhancement payments does
36 24 not exceed ten percent of the value of the contract.
36 25 Sec. 97. Section 26.10, subsection 1, Code 2009, is
36 26 amended to read as follows:
36 27 1. The date and time that each bid is received by the
36 28 governmental entity, together with the name of the person
36 29 receiving the bid, shall be recorded on the envelope
36 30 containing the bid. All bids received after the deadlines for
36 31 submission of bids as stated in the project specifications
36 32 shall not be considered and shall be returned to the late
36 33 bidder unopened. The governmental entity shall open, announce
36 34 the amount of the bids, and file all proposals received, at
36 35 the time and place specified in the notice to bidders. The
37 1 governmental entity may, by resolution, award the contract for
37 2 the public improvement to the bidder submitting the lowest
37 3 responsive, responsible bid, determined as provided in section
37 4 26.9, or the governmental entity may reject all bids received,
37 5 fix a new date for receiving bids, and order publication of a
37 6 new notice to bidders. The governmental entity shall retain
37 7 the bid security furnished by the successful bidder until the
37 8 approved contract form has been executed, a bond has been
37 9 filed by the bidder guaranteeing the performance of the
37 10 contract, and the contract and bond have been approved by the
37 11 governmental entity. The provisions of chapter 573, where
37 12 applicable, apply to contracts awarded under this chapter.
37 13 Sec. 98. Section 26.14, subsection 3, paragraphs b and c,
37 14 Code 2009, are amended to read as follows:
37 15 b. The governmental entity shall designate the time,
37 16 place, and manner for filing quotations, which may be received
37 17 by mail, facsimile, or electronic mail. The governmental
37 18 entity shall award the contract to the contractor submitting
37 19 the lowest responsive, responsible quotation subject to
37 20 section 26.9, or the governmental entity may reject all of the
37 21 quotations. The unconditional acceptance and approval of the
37 22 lowest responsive, responsible quotation shall constitute the
37 23 award of a contract. The governmental entity shall record the
37 24 approved quotation in its meeting minutes. The contractor
37 25 awarded the contract shall not commence work until the
37 26 contractor's performance and payment bond has been approved by
37 27 the governmental entity. A governmental entity may delegate
37 28 the authority to award a contract, to execute a contract, to
37 29 authorize work to proceed under a contract, or to approve the
37 30 contractor's performance and payment bond to an officer or
37 31 employee of the governmental entity. A quotation approved
37 32 outside a meeting of the governing body of a governmental
37 33 entity shall be included in the minutes of the next regular or
37 34 special meeting of the governing body.
37 35 c. If a public improvement may be performed by an employee
38 1 of the governmental entity, the amount of estimated sales and
38 2 fuel tax and the premium cost for the performance and payment
38 3 bond which a contractor identifies in its quotation shall be
38 4 deducted from the contractor's price for determining the
38 5 lowest responsible quotation. If no quotations are received
38 6 to perform the work, or if the governmental entity's estimated
38 7 cost to do the work with its employee is less than the lowest
38 8 responsive, responsible quotation received, the governmental
38 9 entity may authorize its employee or employees to perform the
38 10 work.
38 11 Sec. 99. Section 35C.1, subsection 1, Code 2009, as
38 12 amended by 2009 Iowa Acts, Senate File 186, section 1, if
38 13 enacted, is amended by striking the subsection and inserting
38 14 in lieu thereof the following:
38 15 1. In every public department and upon all public works in
38 16 the state, and of the counties, cities, and school
38 17 corporations of the state, veterans who are citizens and
38 18 residents of the United States are entitled to preference in
38 19 appointment and employment over other applicants of no greater
38 20 qualifications. The preference in appointment and employment
38 21 for employees of cities under a municipal civil service is the
38 22 same as provided in section 400.10. For purposes of this
38 23 section, "veteran" means as defined in section 35.1 except
38 24 that the requirement that the person be a resident of this
38 25 state shall not apply.
38 26 Sec. 100. Section 85.61, Code 2009, is amended by adding
38 27 the following new subsection:
38 28 NEW SUBSECTION. 7A. "Reasonable or probable cause or
38 29 excuse" means an excuse supported on the basis of facts
38 30 determined reasonable by the workers' compensation
38 31 commissioner and does not mean an excuse supported on the
38 32 basis of facts fairly debatable as a matter of law as
38 33 recognized in the common law with respect to a bad=faith tort.
38 34 Sec. 101. Section 85.71, subsection 1, paragraph a, Code
38 35 2009, is amended to read as follows:
39 1 a. The employer has a place of business in this state and
39 2 the employee regularly works at or from that place of
39 3 business, or the employer has a place of business in this
39 4 state and the employee is domiciled in this state.
39 5 Sec. 102. Section 86.13, Code 2009, is amended to read as
39 6 follows:
39 7 86.13 COMPENSATION PAYMENTS.
39 8 1. If an employer or insurance carrier pays weekly
39 9 compensation benefits to an employee, the employer or
39 10 insurance carrier shall file with the workers' compensation
39 11 commissioner in the form and manner required by the workers'
39 12 compensation commissioner a notice of the commencement of the
39 13 payments. The payments establish conclusively that the
39 14 employer and insurance carrier have notice of the injury for
39 15 which benefits are claimed but the payments do not constitute
39 16 an admission of liability under this chapter or chapter 85,
39 17 85A, or 85B.
39 18 2. If an employer or insurance carrier fails to file the
39 19 notice required by this section, the failure stops the running
39 20 of the time periods in section 85.26 as of the date of the
39 21 first payment. If commenced, the payments shall be terminated
39 22 only when the employee has returned to work, or upon thirty
39 23 days' notice stating the reason for the termination and
39 24 advising the employee of the right to file a claim with the
39 25 workers' compensation commissioner.
39 26 3. This section does not prevent the parties from reaching
39 27 an agreement for settlement regarding compensation. However,
39 28 the agreement is valid only if signed by all parties and
39 29 approved by the workers' compensation commissioner.
39 30 4. a. If a denial, a delay in commencement payment, or a
39 31 termination of benefits occurs without reasonable or probable
39 32 cause or excuse known to the employer or insurance carrier at
39 33 the time of the denial, delay in payment, or termination of
39 34 benefits, the workers' compensation commissioner shall award
39 35 benefits in addition to those benefits payable under this
40 1 chapter, or chapter 85, 85A, or 85B, up to fifty percent of
40 2 the amount of benefits that were unreasonably denied, delayed,
40 3 or denied terminated without reasonable or probable cause or
40 4 excuse.
40 5 b. The workers' compensation commissioner shall award
40 6 benefits under this subsection if the commissioner finds both
40 7 of the following facts:
40 8 (1) The employee has demonstrated a denial, delay in
40 9 payment, or termination of benefits.
40 10 (2) The employer has failed to prove a reasonable or
40 11 probable cause or excuse for the denial, delay in payment, or
40 12 termination of benefits.
40 13 c. In order to be considered a reasonable or probable
40 14 cause or excuse under paragraph "b", an excuse shall satisfy
40 15 all of the following criteria:
40 16 (1) The excuse was preceded by a reasonable investigation
40 17 and evaluation by the employer or insurance carrier into
40 18 whether benefits were owed to the employee.
40 19 (2) The results of the reasonable investigation and
40 20 evaluation were the actual basis upon which the employer or
40 21 insurance carrier contemporaneously relied to deny, delay
40 22 payment of, or terminate benefits.
40 23 (3) The employer or insurance carrier contemporaneously
40 24 conveyed the basis for the denial, delay in payment, or
40 25 termination of benefits to the employee at the time of the
40 26 denial, delay, or termination of benefits.
40 27 Sec. 103. Section 96.40, subsection 2, paragraph i, Code
40 28 2009, is amended to read as follows:
40 29 i. The duration of the shared work plan will not exceed
40 30 twenty=six fifty=two weeks. An employing unit is eligible for
40 31 approval of only one plan during a twenty=four=month period.
40 32 Sec. 104. Section 96.40, subsection 8, Code 2009, is
40 33 amended to read as follows:
40 34 8. An individual shall not be entitled to receive shared
40 35 work benefits and regular unemployment compensation benefits
41 1 in an aggregate amount which exceeds the maximum total amount
41 2 of benefits payable to that individual in a benefit year as
41 3 provided under section 96.3, subsection 5. Notwithstanding
41 4 any other provisions of this chapter, an individual shall not
41 5 be eligible to receive shared work benefits for more than
41 6 twenty=six calendar weeks during the individual's benefit
41 7 year.
41 8 Sec. 105. Section 99B.10, subsection 1, paragraph a, Code
41 9 2009, is amended to read as follows:
41 10 a. A prize of merchandise exceeding five fifty dollars in
41 11 value shall not be awarded for use of the device. However, a
41 12 mechanical or amusement device may be designed or adapted to
41 13 award a prize or one or more free games or portions of games
41 14 without payment of additional consideration by the
41 15 participant.
41 16 Sec. 106. Section 103.1, Code 2009, is amended by adding
41 17 the following new subsection:
41 18 NEW SUBSECTION. 7A. "Farm" means land, buildings and
41 19 structures used for agricultural purposes including but not
41 20 limited to the storage, handling, and drying of grain and the
41 21 care, feeding, and housing of livestock.
41 22 Sec. 107. Section 103.22, subsection 2, Code 2009, is
41 23 amended to read as follows:
41 24 2. Require employees of municipal utilities, electric
41 25 membership or cooperative associations, investor=owned
41 26 utilities, rural water associations or districts, railroads,
41 27 telecommunications companies, franchised cable television
41 28 operators, farms, or commercial or industrial companies
41 29 performing manufacturing, installation, and repair work for
41 30 such employer to hold licenses while acting within the scope
41 31 of their employment. An employee of a farm does not include a
41 32 person who is employed for the primary purpose of installing a
41 33 new electrical installation.
41 34 Sec. 108. Section 103.29, Code 2009, is amended by adding
41 35 the following new subsection:
42 1 NEW SUBSECTION. 7. A county shall not perform electrical
42 2 inspections on a farm or farm residence.
42 3 Sec. 109. Section 103.32, Code 2009, is amended by adding
42 4 the following new subsection:
42 5 NEW SUBSECTION. 5. A state electrical inspection fee
42 6 shall not be assessed for an event benefiting a nonprofit
42 7 association representing volunteer service providers. An
42 8 electrical inspection fee shall not be assessed by a political
42 9 subdivision for an annual event benefiting a nonprofit
42 10 association representing volunteer service providers.
42 11 Sec. 110. Section 214A.2, subsection 5, Code 2009, is
42 12 amended to read as follows:
42 13 5. Ethanol blended gasoline shall be designated E=xx where
42 14 "xx" is the volume percent of ethanol in the ethanol blended
42 15 gasoline and biodiesel fuel shall be designated B=xx where
42 16 "xx" is the volume percent of biodiesel.
42 17 Sec. 111. Section 214A.3, subsection 2, paragraph b,
42 18 subparagraph (2), Code 2009, is amended to read as follows:
42 19 (2) Biodiesel fuel shall be designated according to its
42 20 classification as provided in section 214A.2. A person shall
42 21 not knowingly falsely advertise biodiesel blended fuel by
42 22 using an inaccurate designation in violation of this
42 23 subparagraph as provided in section 214A.2.
42 24 Sec. 112. Section 214A.5, Code 2009, is amended to read as
42 25 follows:
42 26 214A.5 SALES SLIP ON DEMAND DOCUMENTATION.
42 27 1. A wholesale dealer or retail dealer shall, when making
42 28 a sale of motor fuel, give to a purchaser upon demand a sales
42 29 slip.
42 30 2. A wholesale dealer selling ethanol blended gasoline or
42 31 biodiesel blended fuel to a purchaser shall provide the
42 32 purchaser with a statement indicating its designation as
42 33 provided in section 214A.2. The statement may be on the sales
42 34 slip provided in this section or a similar document, including
42 35 but not limited to a bill of lading or invoice.
43 1 Sec. 113. Section 214A.16, subsection 1, Code 2009, is
43 2 amended to read as follows:
43 3 1. a. If motor fuel containing a renewable fuel ethanol
43 4 blended gasoline is sold from a motor fuel pump, the motor
43 5 fuel pump shall have affixed a decal identifying the name of
43 6 the renewable fuel ethanol blended gasoline. The decal shall
43 7 be different based on the type of renewable fuel dispensed.
43 8 If the motor fuel pump dispenses ethanol blended gasoline
43 9 classified as higher than standard ethanol blended gasoline
43 10 pursuant to section 214A.2, the decal shall contain the
43 11 following notice: "FOR FLEXIBLE FUEL VEHICLES ONLY".
43 12 b. If biodiesel fuel is sold from a motor fuel pump, the
43 13 motor fuel pump shall have affixed a decal identifying the
43 14 biodiesel fuel as provided in 16 C.F.R. pt. 306.
43 15 Sec. 114. Section 321.105A, subsection 2, paragraph c,
43 16 subparagraph (25), unnumbered paragraph 1, Code 2009, is
43 17 amended to read as follows:
43 18 Vehicles subject to registration under this chapter with a
43 19 gross vehicle weight rating of less than sixteen thousand
43 20 pounds, excluding motorcycles and motorized bicycles, when
43 21 purchased for lease and titled by the lessor licensed pursuant
43 22 to chapter 321F and actually leased for a period of twelve
43 23 months or more if the lease of the vehicle is subject to the
43 24 fee for new registration under subsection 3.
43 25 Sec. 115. Section 321.105A, subsection 3, paragraph a,
43 26 Code 2009, is amended to read as follows:
43 27 a. A fee for new registration is imposed in an amount
43 28 equal to five percent of the leased price for each vehicle
43 29 subject to registration with a gross vehicle weight rating of
43 30 less than sixteen thousand pounds, excluding motorcycles and
43 31 motorized bicycles, which is leased by a lessor licensed
43 32 pursuant to chapter 321F for a period of twelve months or
43 33 more. The fee for new registration shall be paid by the owner
43 34 of the vehicle to the county treasurer from whom the
43 35 registration receipt or certificate of title is obtained. A
44 1 registration receipt for a vehicle subject to registration or
44 2 issuance of a certificate of title shall not be issued until
44 3 the fee for new registration is paid in the initial instance.
44 4 Sec. 116. Section 321.105A, subsection 5, paragraph a,
44 5 Code 2009, is amended by striking the paragraph.
44 6 Sec. 117. Section 321I.10, subsection 2, Code 2009, is
44 7 amended to read as follows:
44 8 2. A registered all=terrain vehicle may be operated on the
44 9 roadways of that portion of county highways designated by the
44 10 county board of supervisors for such use during a specified
44 11 period. The county board of supervisors shall evaluate the
44 12 traffic conditions on all county highways and designate
44 13 roadways on which all=terrain vehicles may be operated for the
44 14 specified period without unduly interfering with or
44 15 constituting an undue hazard to conventional motor vehicle
44 16 traffic. Signs warning of the operation of all=terrain
44 17 vehicles on the roadway shall be placed and maintained on the
44 18 portions of highway thus designated during the period
44 19 specified for the operation.
44 20 Sec. 118. Section 331.325, subsection 1, Code 2009, is
44 21 amended to read as follows:
44 22 1. As used in this section, "pioneer cemetery" means a
44 23 cemetery where there have been six twelve or fewer burials in
44 24 the preceding fifty years.
44 25 Sec. 119. Section 331.907, subsection 2, Code 2009, is
44 26 amended to read as follows:
44 27 2. At the public hearing held on the county budget as
44 28 provided in section 331.434, the county compensation board
44 29 shall submit its recommended compensation schedule for the
44 30 next fiscal year to the board of supervisors for inclusion in
44 31 the county budget. The board of supervisors shall review the
44 32 recommended compensation schedule for the elected county
44 33 officers and determine the final compensation schedule which
44 34 shall not exceed the compensation schedule recommended by the
44 35 county compensation board. In determining the final
45 1 compensation schedule if the board of supervisors wishes to
45 2 reduce the amount of the recommended compensation schedule,
45 3 the amount of salary increase proposed for each elected county
45 4 officer, except as provided in subsection 2A, shall be reduced
45 5 an equal percentage. A copy of the final compensation
45 6 schedule shall be filed with the county budget at the office
45 7 of the director of the department of management. The final
45 8 compensation schedule takes effect on July 1 following its
45 9 adoption by the board of supervisors.
45 10 Sec. 120. Section 331.907, Code 2009, is amended by adding
45 11 the following new subsection:
45 12 NEW SUBSECTION. 2A. The board of supervisors may adopt a
45 13 decrease in compensation paid to supervisors irrespective of
45 14 the county compensation board's recommended compensation
45 15 schedule or other approved changes in compensation paid to
45 16 other elected county officers. A decrease in compensation
45 17 paid to supervisors shall be adopted by the board of
45 18 supervisors no less than thirty days before the county budget
45 19 is certified under section 24.17.
45 20 Sec. 121. Section 400.10, Code 2009, as amended by 2009
45 21 Iowa Acts, Senate File 186, section 2, if enacted, is amended
45 22 by striking the section and inserting in lieu thereof the
45 23 following:
45 24 400.10 PREFERENCES.
45 25 In all examinations and appointments under this chapter,
45 26 other than promotions and appointments of chief of the police
45 27 department and chief of the fire department, veterans who are
45 28 citizens and residents of the United States, shall have five
45 29 percentage points added to the veteran's grade or score
45 30 attained in qualifying examinations for appointment to
45 31 positions and five additional percentage points added to the
45 32 grade or score if the veteran has a service=connected
45 33 disability or is receiving compensation, disability benefits
45 34 or pension under laws administered by the veterans
45 35 administration. An honorably discharged veteran who has been
46 1 awarded the Purple Heart incurred in action shall be
46 2 considered to have a service=connected disability. However,
46 3 the percentage points shall be given only upon passing the
46 4 exam and shall not be the determining factor in passing.
46 5 Veteran's preference percentage points shall be applied once
46 6 to the final scores used to rank applicants for selection for
46 7 an interview. For purposes of this section, "veteran" means
46 8 as defined in section 35.1 except that the requirement that
46 9 the person be a resident of this state shall not apply.
46 10 Sec. 122. Section 412.2, subsection 1, Code 2009, is
46 11 amended to read as follows:
46 12 1. From the proceeds of the assessments on the wages and
46 13 salaries of employees, of any such waterworks system, or other
46 14 municipally owned and operated public utility, eligible to
46 15 receive the benefits thereof. Notwithstanding any provisions
46 16 of section 20.9 to the contrary, a council, board of
46 17 waterworks, or other board or commission which establishes a
46 18 pension and annuity retirement system pursuant to this
46 19 chapter, shall negotiate in good faith with a certified
46 20 employee organization as defined in section 20.3, which is the
46 21 collective bargaining representative of the employees, with
46 22 respect to the amount or rate of the assessment on the wages
46 23 and salaries of employees and the method or methods for
46 24 payment of the assessment by the employees.
46 25 Sec. 123. Section 412.3, Code 2009, is amended to read as
46 26 follows:
46 27 412.3 RULES.
46 28 The council, board of waterworks trustees, or other board
46 29 or commission, whichever is authorized by law to manage and
46 30 operate such waterworks, or other municipally owned and
46 31 operated public utility, may formulate and establish such
46 32 pension and annuity retirement system, and may make and
46 33 establish such rules for the operation thereof as may be
46 34 deemed necessary or appropriate, subject to the provision of
46 35 section 412.2, subsection 1.
47 1 Sec. 124. Section 422.10, subsection 3, unnumbered
47 2 paragraph 2, Code 2009, is amended to read as follows:
47 3 For purposes of this section, "Internal Revenue Code" means
47 4 the Internal Revenue Code in effect on January 1, 2008 2009.
47 5 Sec. 125. Section 422.10, Code 2009, is amended by adding
47 6 the following new subsection:
47 7 NEW SUBSECTION. 6. Notwithstanding any provision to the
47 8 contrary, the amount of tax credit claimed under this section
47 9 and the identity of the taxpayer making the claim shall be a
47 10 public record. The department shall issue a quarterly report
47 11 containing the name of each taxpayer claiming the credit, the
47 12 dollar amount of the claim, and the portion of the claim
47 13 issued as a refund to the taxpayer, for each claim processed
47 14 during the previous calendar quarter, beginning with claims
47 15 filed on or after July 1, 2009.
47 16 Sec. 126. Section 422.13, subsection 5, Code 2009, is
47 17 amended to read as follows:
47 18 5. a. Notwithstanding subsections 1 through 4 and
47 19 sections 422.15 and 422.36, a partnership, a limited liability
47 20 company whose members are taxed on the company's income under
47 21 provisions of the Internal Revenue Code, trust, or corporation
47 22 whose stockholders are taxed on the corporation's income under
47 23 the provisions of the Internal Revenue Code may, not later
47 24 than the due date for filing its return for the taxable year,
47 25 including any extension thereof, elect to file a composite
47 26 return for the nonresident partners, members, beneficiaries,
47 27 or shareholders. Nonresident trusts or estates which are
47 28 partners, members, beneficiaries, or shareholders in
47 29 partnerships, limited liability companies, trusts, or S
47 30 corporations may also be included on a composite return. The
47 31 director may require that a composite return be filed under
47 32 the conditions deemed appropriate by the director. A
47 33 partnership, limited liability company, trust, or corporation
47 34 filing a composite return is liable for tax required to be
47 35 shown due on the return.
48 1 b. Notwithstanding subsection 1 through 4 and sections
48 2 422.15 and 422.36, if the director determines that it is
48 3 necessary for the efficient administration of this chapter,
48 4 the director may require that a composite return be filed for
48 5 nonresidents other than nonresident partners, members,
48 6 beneficiaries or shareholders in partnerships, limited
48 7 liability companies, trusts, or S corporations.
48 8 c. All powers of the director and requirements of the
48 9 director apply to returns filed under this subsection
48 10 including, but not limited to, the provisions of this division
48 11 and division VI of this chapter.
48 12 Sec. 127. Section 422.33, subsection 5, paragraph d,
48 13 unnumbered paragraph 2, Code 2009, is amended to read as
48 14 follows:
48 15 For purposes of this subsection, "Internal Revenue Code"
48 16 means the Internal Revenue Code in effect on January 1, 2008
48 17 2009.
48 18 Sec. 128. Section 422.33, subsection 5, Code 2009, is
48 19 amended by adding the following new paragraph:
48 20 NEW PARAGRAPH. h. Notwithstanding any provision to the
48 21 contrary, the amount of tax credit claimed under this
48 22 subsection and the identity of the taxpayer making the claim
48 23 shall be a public record. The department shall issue a
48 24 quarterly report containing the name of each taxpayer claiming
48 25 the credit, the dollar amount of the claim, and the portion of
48 26 the claim issued as a refund to the taxpayer, for each claim
48 27 processed during the previous calendar quarter, beginning with
48 28 claims filed on or after July 1, 2009.
48 29 Sec. 129. Section 422.33, subsection 9, Code 2009, is
48 30 amended by striking the subsection.
48 31 Sec. 130. Section 422.88, subsections 2 and 3, Code 2009,
48 32 are amended to read as follows:
48 33 2. The amount of the underpayment shall be the excess of
48 34 the amount of the installment which would be required to be
48 35 paid if the estimated tax was equal to ninety one hundred
49 1 percent of the tax shown on the return of the taxpayer for the
49 2 taxable year over the amount of installments paid on or before
49 3 the date prescribed for payment.
49 4 3. If the taxpayer did not file a return during the
49 5 taxable year, the amount of the underpayment shall be equal to
49 6 ninety one hundred percent of the taxpayer's tax liability for
49 7 the taxable year over the amount of installments paid on or
49 8 before the date prescribed for payment.
49 9 Sec. 131. Section 423.3, subsection 39, Code 2009, is
49 10 amended to read as follows:
49 11 39. The sales price from "casual sales".
49 12 a. "Casual sales" means:
49 13 a. (1) Sales of tangible personal property, or the
49 14 furnishing of services, of a nonrecurring nature, by the
49 15 owner, if the seller, at the time of the sale, is not engaged
49 16 for profit in the business of selling tangible personal
49 17 property or services taxed under section 423.2.
49 18 b. (2) The sale of all or substantially all of the
49 19 tangible personal property or services held or used by a
49 20 seller in the course of the seller's trade or business for
49 21 which the seller is required to hold a sales tax permit when
49 22 the seller sells or otherwise transfers the trade or business
49 23 to another person who shall engage in a similar trade or
49 24 business.
49 25 c. (3) Notwithstanding paragraph "a" subparagraph (1), the
49 26 sale, furnishing, or performance of a service that is of a
49 27 recurring nature by the owner if, at the time of the sale, all
49 28 of the following apply:
49 29 (1) (a) The seller is not engaged for profit in the
49 30 business of the selling, furnishing, or performance of
49 31 services taxed under section 423.2. For purposes of this
49 32 subparagraph, the fact of the recurring nature of selling,
49 33 furnishing, or performance of services does not constitute by
49 34 itself engaging for profit in the business of selling,
49 35 furnishing, or performance of services.
50 1 (2) (b) The owner of the business is the only person
50 2 performing the service.
50 3 (3) (c) The owner of the business is a full=time student.
50 4 (4) (d) The total gross receipts from the sales,
50 5 furnishing, or performance of services during the calendar
50 6 year does not exceed five thousand dollars.
50 7 b. The exemption under this subsection does not apply to
50 8 vehicles subject to registration, all=terrain vehicles,
50 9 snowmobiles, off=road motorcycles, off=road utility vehicles,
50 10 aircraft, or commercial or pleasure watercraft or water
50 11 vessels.
50 12 Sec. 132. Section 423A.5, subsection 1, paragraph c, Code
50 13 2009, is amended by striking the paragraph.
50 14 Sec. 133. Section 423A.5, subsection 2, paragraph c, Code
50 15 2009, is amended by striking the paragraph.
50 16 Sec. 134. Section 452A.12, subsection 2, Code 2009, is
50 17 amended to read as follows:
50 18 2. A person while transporting motor fuel or undyed
50 19 special fuel from a refinery or marine or pipeline terminal in
50 20 this state or from a point outside this state over the
50 21 highways of this state in service other than that under
50 22 subsection 1 shall carry in the vehicle a loading invoice
50 23 showing the name and address of the seller or consignor, the
50 24 date and place of loading, and the kind and quantity of motor
50 25 fuel or special fuel loaded, together with invoices showing
50 26 the kind and quantity of each delivery and the name and
50 27 address of each purchaser or consignee. An invoice carried
50 28 pursuant to this subsection for ethanol blended gasoline or
50 29 biodiesel blended fuel shall state its designation as provided
50 30 in section 214A.2.
50 31 Sec. 135. Section 452A.74A, subsections 1, 2, and 5, Code
50 32 2009, are amended to read as follows:
50 33 1. ILLEGAL USE OF DYED FUEL. The illegal use of dyed fuel
50 34 in the supply tank of a motor vehicle shall result in a civil
50 35 penalty assessed against the owner or operator of the motor
51 1 vehicle as follows:
51 2 a. A two five hundred dollar fine penalty for the first
51 3 violation.
51 4 b. A five hundred one thousand dollar fine penalty for a
51 5 second violation within three years of the first violation.
51 6 c. A one two thousand dollar fine penalty for third and
51 7 subsequent violations within three years of the first
51 8 violation.
51 9 2. ILLEGAL IMPORTATION OF UNTAXED FUEL. A person who
51 10 imports motor fuel or undyed special fuel without a valid
51 11 importer's license or supplier's license shall be assessed a
51 12 civil penalty as provided in this subsection. However, the
51 13 owner or operator of the importing vehicle shall not be guilty
51 14 of violating this subsection if it is shown by the owner or
51 15 operator that the owner or operator reasonably did not know or
51 16 reasonably should not have known of the illegal importation.
51 17 a. For a first violation, the importing vehicle shall be
51 18 detained and a fine penalty of two four thousand dollars shall
51 19 be paid before the vehicle will be released. The owner or
51 20 operator of the importing vehicle or the owner of the fuel may
51 21 be held liable for payment of the fine penalty.
51 22 b. For a second violation, the importing vehicle shall be
51 23 detained and a fine penalty of five ten thousand dollars shall
51 24 be paid before the vehicle will be released. The owner or
51 25 operator of the importing vehicle or the owner of the fuel may
51 26 be held liable to pay the fine penalty.
51 27 c. For third and subsequent violations, the importing
51 28 vehicle and the fuel shall be seized and a fine penalty of ten
51 29 twenty thousand dollars shall be paid before the vehicle will
51 30 be released. The owner or operator of the importing vehicle
51 31 or the owner of the fuel may be held liable to pay the fine
51 32 penalty.
51 33 d. If the owner or operator of the importing vehicle or
51 34 the owner of the fuel fails to pay the tax and fine penalty
51 35 for a first or second offense, the importing vehicle and the
52 1 fuel may be seized. The department of revenue, the state
52 2 department of transportation, or any peace officer, at the
52 3 request of either department, may seize the vehicle and the
52 4 fuel.
52 5 e. If the operator or owner of the importing vehicle or
52 6 the owner of the fuel move moves the vehicle or the fuel after
52 7 the vehicle has been detained and a sticker has been placed on
52 8 the vehicle stating that "This vehicle cannot be moved until
52 9 the tax, penalty, and interest have been paid to the
52 10 Department of Revenue", an additional penalty of five ten
52 11 thousand dollars shall be assessed against the operator or
52 12 owner of the importing vehicle or the owner of the fuel.
52 13 f. For purposes of this subsection, "vehicle" means as
52 14 defined in section 321.1.
52 15 5. PREVENTION OF INSPECTION. The department of revenue or
52 16 the state department of transportation may conduct inspections
52 17 for coloration, markers, and shipping papers at any place
52 18 where taxable fuel is or may be loaded into transport
52 19 vehicles, produced, or stored. Any attempts by a person to
52 20 prevent, stop, or delay an inspection of fuel or shipping
52 21 papers by authorized personnel shall be subject to a civil
52 22 penalty of not more than one two thousand dollars per
52 23 occurrence. Any law enforcement officer or department of
52 24 revenue or state department of transportation employee may
52 25 physically inspect, examine, or otherwise search any tank,
52 26 reservoir, or other container that can or may be used for the
52 27 production, storage, or transportation of any type of fuel.
52 28 Sec. 136. Section 466A.4, subsection 1, Code 2009, is
52 29 amended to read as follows:
52 30 1. Public water supply utilities, counties, county
52 31 conservation boards, and cities may also be eligible and apply
52 32 for and receive local watershed improvement grants for water
52 33 quality improvement projects. An applicant shall coordinate
52 34 with a local watershed improvement committee or a soil and
52 35 water conservation district and shall include in the
53 1 application a description of existing projects and any
53 2 potential impact the proposed project may have on existing or
53 3 planned water quality improvement projects.
53 4 Sec. 137. NEW SECTION. 476B.6A ALTERNATIVE TAX CREDIT
53 5 QUALIFICATION == PILOT PROJECT.
53 6 Notwithstanding any other provision of this chapter to the
53 7 contrary, the board shall establish a pilot project which will
53 8 allow for a wind energy production tax credit of one and
53 9 one=half cents multiplied by the number of kilowatt=hours of
53 10 qualified electricity sold or used for on=site consumption by
53 11 up to two qualified facilities selected for participation in
53 12 the project. To be eligible for the project, a qualified
53 13 facility shall meet all eligibility requirements otherwise
53 14 applicable pursuant to this chapter, and in addition shall be
53 15 located in a county in this state with a population of between
53 16 forty=four thousand one hundred fifty and forty=four thousand
53 17 five hundred based on the 2006 census, and with a combined
53 18 nameplate generating capacity of at least one megawatt per
53 19 applicant. For purposes of the pilot project, the two
53 20 megawatt minimum requirement for qualification pursuant to
53 21 section 476B.1, subsection 4, paragraph "d", shall not be
53 22 applicable. The board shall reduce the remaining credits
53 23 available under this chapter by a dollar amount equal to the
53 24 amount of credits awarded pursuant to the project.
53 25 Sec. 138. Section 523I.102, subsection 39, Code 2009, is
53 26 amended to read as follows:
53 27 39. "Pioneer cemetery" means a cemetery where there were
53 28 six twelve or fewer burials in the preceding fifty years.
53 29 Sec. 139. Section 523I.316, Code 2009, is amended by
53 30 adding the following new subsection:
53 31 NEW SUBSECTION. 7. ADVERSE POSSESSION. A cemetery or a
53 32 pioneer cemetery is exempt from seizure, appropriation, or
53 33 acquisition of title under any claim of adverse possession,
53 34 unless it is shown that all remains in the cemetery or pioneer
53 35 cemetery have been disinterred and removed to another
54 1 location.
54 2 Sec. 140. Section 602.6404, subsection 3, Code 2009, is
54 3 amended by striking the subsection and inserting in lieu
54 4 thereof the following:
54 5 3. A magistrate shall be an attorney licensed to practice
54 6 law in this state. However, a magistrate not admitted to the
54 7 practice of law in this state and who is holding office on
54 8 April 1, 2009, shall be eligible to be reappointed as a
54 9 magistrate in the same county for a term commencing August 1,
54 10 2009, and subsequent successive terms.
54 11 Sec. 141. EFFECTIVE DATE. Section 483A.1, subsection 2,
54 12 paragraph "ee", as enacted by 2009 Iowa Acts, House File 722,
54 13 section 33, if enacted, and section 483A.7, subsection 3, as
54 14 amended by 2009 Iowa Acts, House File 722, section 37, if
54 15 enacted, and this section, being deemed of immediate
54 16 importance, take effect immediately upon enactment of this
54 17 Act.
54 18 Sec. 142. 2009 Iowa Acts, Senate File 415, section 1, if
54 19 enacted, is amended by striking the section and inserting in
54 20 lieu thereof the following:
54 21 SECTION 1. PROPERTY RIGHTS DEFENSE ACCOUNT.
54 22 1. A city may establish a property rights defense account
54 23 within the city's general fund. If a property rights defense
54 24 account is established under this section, moneys which remain
54 25 unclaimed under section 2, subsection 11, paragraph "d", of
54 26 this Act, may be deposited in the account. Interest or
54 27 earnings on moneys in the property rights defense account
54 28 shall be credited to the account. Moneys in the property
54 29 rights defense account are not subject to transfer,
54 30 appropriation, or reversion to any other account or fund, or
54 31 any other use except as provided in this section.
54 32 2. Moneys in the account shall be used for the
54 33 reimbursement of reasonable attorney fees and reasonable costs
54 34 incurred by a property owner as the result of proceedings
54 35 initiated under this Act, chapters 6A and 6B, and section
55 1 657A.10A.
55 2 3. Property owners shall apply to the city council on a
55 3 form prescribed by the city council. If sufficient funds
55 4 exist in the account, the city council shall reimburse each
55 5 property owner who applies for all reasonable attorney fees
55 6 and reasonable costs incurred. If insufficient funds exist in
55 7 the account to reimburse a property owner for all reasonable
55 8 attorney fees and reasonable costs incurred, the city council
55 9 shall reimburse the property owner for the fees and costs in
55 10 an amount equal to the remaining balance in account.
55 11 Sec. 143. 2007 Iowa Acts, chapter 186, section 29, is
55 12 amended to read as follows:
55 13 SEC. 29. REFUND OF PROPERTY TAXES. Notwithstanding the
55 14 deadline for filing a claim for property tax exemption for
55 15 property described in section 427.1, subsection 8 or 9, and
55 16 notwithstanding any other provision to the contrary, the board
55 17 of supervisors of a county having a population based upon the
55 18 latest federal decennial census of more than eighty=eight
55 19 thousand but not more than ninety=five thousand shall refund
55 20 the property taxes paid, with all interest, penalties, fees,
55 21 and costs which were due and payable in the fiscal year
55 22 beginning July 1, 2002, and in the fiscal year beginning July
55 23 1, 2005 2006, on the land and buildings of an institution that
55 24 purchased property and that did not receive a property tax
55 25 exemption for the property due to the inability or failure to
55 26 file for the exemption. To receive the refund provided for in
55 27 this section, the institution shall apply to the county board
55 28 of supervisors by October 1, 2007 2009, and provide
55 29 appropriate information establishing that the land and
55 30 buildings for which the refund is sought were used by the
55 31 institution for its appropriate objectives during the fiscal
55 32 year beginning July 1, 2002, and during the fiscal year
55 33 beginning July 1, 2005 2006. The refund allowed under this
55 34 section only applies to property taxes, with all interest,
55 35 penalties, fees, and costs, due and payable in the fiscal year
56 1 beginning July 1, 2002, and in the fiscal year beginning July
56 2 1, 2005 2006.
56 3 Sec. 144. 2007 Iowa Acts, chapter 186, section 30, is
56 4 amended to read as follows:
56 5 SEC. 30. IMMEDIATE EFFECTIVE DATE. The section Section 29
56 6 of this division of this Act, amending section 427.3, being
56 7 deemed of immediate importance, takes effect upon enactment
56 8 and applies retroactively to property taxes due and payable in
56 9 the fiscal year beginning July 1, 2002, and in the fiscal year
56 10 beginning July 1, 2005 2006.
56 11 Sec. 145. Section 422.11E, Code 2009, is repealed.
56 12 Sec. 146. Sections 422.120 through 422.122, Code 2009, are
56 13 repealed.
56 14 Sec. 147. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
56 15 1. The section of this division of this Act concerning the
56 16 county land record information system, being deemed of
56 17 immediate importance, takes effect upon enactment.
56 18 2. The section of this division of this Act amending 2009
56 19 Iowa Acts, Senate File 415, being deemed of immediate
56 20 importance, takes effect upon enactment.
56 21 3. The section of this division of this Act repealing
56 22 sections 422.120 through 422.122, being deemed of immediate
56 23 importance, takes effect upon enactment and applies
56 24 retroactively to November 1, 2008, for refund claims filed on
56 25 or after that date.
56 26 4. The section of this division of this Act relating to
56 27 property tax exemption filings for disaster=impacted property,
56 28 being deemed of immediate importance, takes effect upon
56 29 enactment.
56 30 5. The section of this division of this Act amending
56 31 section 15E.305, takes effect January 1, 2010, and applies to
56 32 the tax years beginning on or after that date.
56 33 6. The section of this division of this Act amending
56 34 section 422.88, subsections 2 and 3, applies retroactively to
56 35 January 1, 2009, for tax years beginning on or after that
57 1 date.
57 2 7. The sections of this division of this Act amending 2007
57 3 Iowa Acts, chapter 186, sections 29 and 30, being deemed of
57 4 immediate importance, take effect upon enactment.
57 5 8. The sections of this division of this Act amending
57 6 section 15.335, subsection 4, paragraph "b", section 15A.9,
57 7 subsection 8, paragraph "e", subparagraph (2), section 422.10,
57 8 subsection 3, unnumbered paragraph 2, section 422.33,
57 9 subsection 5, paragraph "d", unnumbered paragraph 2, being
57 10 deemed of immediate importance, take effect upon enactment and
57 11 apply retroactively to January 1, 2008, for tax years
57 12 beginning on or after that date.
57 13 DIVISION IX
57 14 EDUCATION
57 15 Sec. 148. REGENTS == APPROPRIATIONS. There is
57 16 appropriated from the general fund of the state to the state
57 17 board of regents for the fiscal year beginning July 1, 2009,
57 18 and ending June 30, 2010, the following amounts, or so much
57 19 thereof as may be necessary, to be used for the purposes
57 20 designated:
57 21 1. STATE SCHOOL FOR THE DEAF
57 22 For salaries, support, maintenance, miscellaneous purposes:
57 23 .................................................. $ 398,980
57 24 2. IOWA BRAILLE AND SIGHT SAVING SCHOOL
57 25 For salaries, support, maintenance, miscellaneous purposes:
57 26 .................................................. $ 624,582
57 27 Sec. 149. DEPARTMENT OF EDUCATION == APPROPRIATION. There
57 28 is appropriated from the general fund of the state to the
57 29 department of education for the fiscal year beginning July 1,
57 30 2009, and ending June 30, 2010, the following amount, or so
57 31 much thereof as may be necessary, to be used for general
57 32 administration:
57 33 .................................................. $ 167,096
57 34 Sec. 150. EDUCATIONAL EXCELLENCE PROGRAM=RELATED
57 35 APPROPRIATIONS. There is appropriated from the general fund
58 1 of the state to the indicated departments and agencies for the
58 2 fiscal year beginning July 1, 2009, and ending June 30, 2010,
58 3 the following amounts, or so much thereof as is necessary, to
58 4 be used for the purposes designated:
58 5 1. To the department of human services for distribution to
58 6 its licensed classroom teachers at institutions under the
58 7 control of the department of human services based upon the
58 8 average student yearly enrollment at each institution as
58 9 determined by the department of human services:
58 10 .................................................. $ 115,500
58 11 2. To the state board of regents:
58 12 a. For distribution to licensed classroom teachers at the
58 13 Iowa braille and sight saving school and the Iowa school for
58 14 the deaf based upon the average yearly enrollment at each
58 15 school as determined by the state board of regents:
58 16 .................................................. $ 94,600
58 17 b. For the Iowa braille and sight saving school:
58 18 .................................................. $ 68,000
58 19 c. For the state school for the deaf:
58 20 .................................................. $ 102,000
58 21 3. To the department of education:
58 22 a. For distribution to the tribal council of the Sac and
58 23 Fox Indian settlement located on land held in trust by the
58 24 secretary of the interior of the United States. Moneys
58 25 allocated under this lettered paragraph shall be used for the
58 26 purposes specified in section 256.30:
58 27 .................................................. $ 100,000
58 28 b. For the kindergarten to grade twelve management
58 29 information system:
58 30 .................................................. $ 230,000
58 31 Sec. 151. INTERPRETERS FOR THE DEAF. There is
58 32 appropriated from the general fund of the state to the
58 33 department of education for the fiscal year beginning July 1,
58 34 2009, and ending June 30, 2010, the following amount, or so
58 35 much thereof as is necessary, to be used for the purpose
59 1 designated:
59 2 For allocation for deaf interpreters for arrangements made
59 3 between the state school for the deaf and Iowa western
59 4 community college due to the high numbers of articulation
59 5 agreements between the state school for the deaf and the
59 6 community college:
59 7 .................................................. $ 200,000
59 8 Sec. 152. CENTER FOR INDEPENDENT LIVING. There is
59 9 appropriated from the general fund of the state to the
59 10 department of education, vocational rehabilitation services
59 11 division, for the fiscal year beginning July 1, 2009, and
59 12 ending June 30, 2010, the following amount, or so much thereof
59 13 as is necessary, to be used for the purposes designated:
59 14 For costs associated with centers for independent living:
59 15 .................................................. $ 50,000
59 16 Sec. 153. 2006 Iowa Acts, chapter 1182, section 1,
59 17 unnumbered paragraph 2, as amended by 2007 Iowa Acts, chapter
59 18 108, section 59, is amended to read as follows:
59 19 For purposes, as provided in law, of the student
59 20 achievement and teacher quality program established pursuant
59 21 to chapter 284:
59 22 FY 2006=2007...................................... $104,343,894
59 23 FY 2007=2008...................................... $173,943,894
59 24 FY 2008=2009...................................... $248,943,894
59 25 249,502,894
59 26 Sec. 154. Section 273.3, Code 2009, is amended by adding
59 27 the following new subsection:
59 28 NEW SUBSECTION. 23. By October 1 of each year, submit to
59 29 the department of education the following information:
59 30 a. The contracted salary including bonus wages and
59 31 benefits, annuity payments, or any other benefit for the
59 32 administrators of the area education agency.
59 33 b. The contracted salary and benefits and any other
59 34 expenses related to support for governmental affairs efforts,
59 35 including expenditures for lobbyists and lobbying activities
60 1 for the area education agency.
60 2 Sec. 155. DES MOINES UNIVERSITY == OSTEOPATHIC MEDICAL
60 3 CENTER. For the fiscal year beginning July 1, 2009, and
60 4 ending June 30, 2010, the college student aid commission shall
60 5 pay a fee to Des Moines university == osteopathic medical
60 6 center for the administration of the initiative in primary
60 7 health care to direct primary care physicians to shortage
60 8 areas in the state. A portion of the fee paid shall be based
60 9 upon the number of physicians recruited in accordance with
60 10 section 261.19, subsection 4. However, the fee amount paid
60 11 shall not exceed $41,862 for the fiscal year. Such amount
60 12 shall be subject to any budgetary reductions ordered by the
60 13 governor or enacted by the general assembly.
60 14 Sec. 156. EFFECTIVE DATE. The section of this division of
60 15 this Act amending 2006 Iowa Acts, chapter 1182, being deemed
60 16 of immediate importance, takes effect upon enactment.
60 17 DIVISION X
60 18 JUDICIAL BRANCH == COMMISSION ELECTIONS
60 19 Sec. 157. Section 46.5, unnumbered paragraph 5, Code 2009,
60 20 is amended to read as follows:
60 21 When a vacancy in an office of an elective judicial
60 22 nominating commissioner occurs, the clerk of the supreme court
60 23 state court administrator shall cause to be mailed to each
60 24 member of the bar whose name appears on the certified list
60 25 prepared pursuant to section 46.8 for the district or
60 26 districts affected, a notice stating the existence of the
60 27 vacancy, the requirements for eligibility, and the manner in
60 28 which the vacancy will be filled. Other items may be included
60 29 in the same mailing if they are on sheets separate from the
60 30 notice. The election of a district judicial nominating
60 31 commissioner or the close of nominations for a state judicial
60 32 nominating commissioner shall not occur until thirty days
60 33 after the mailing of the notice.
60 34 Sec. 158. Section 46.7, Code 2009, is amended to read as
60 35 follows:
61 1 46.7 ELIGIBILITY TO VOTE.
61 2 To be eligible to vote in elections of judicial nominating
61 3 commissioners, a member of the bar must be eligible to
61 4 practice and must be a resident of the state of Iowa and of
61 5 the appropriate congressional district or judicial election
61 6 district as shown by the member's most recent filing with the
61 7 supreme court for the purposes of showing compliance with the
61 8 court's continuing legal education requirements, or for
61 9 members of the bar eligible to practice who are not required
61 10 to file such compliance, any paper on file by July 1 with the
61 11 clerk of the supreme court state court administrator, for the
61 12 purpose of establishing eligibility to vote under this
61 13 section, which the court determines to show the requisite
61 14 residency requirements. A judge who has been admitted to the
61 15 bar of the state of Iowa shall be considered a member of the
61 16 bar.
61 17 Sec. 159. Section 46.8, Code 2009, is amended to read as
61 18 follows:
61 19 46.8 CERTIFIED LIST.
61 20 On July 15 of each Each year the clerk of the supreme court
61 21 state court administrator shall certify a list of the names,
61 22 addresses, and years of admission of members of the bar who
61 23 are eligible to vote for state and district judicial
61 24 nominating commissioners. The clerk of the supreme court
61 25 shall provide a copy of the list of the members for a county
61 26 to the clerk of the district court for that county.
61 27 Sec. 160. Section 46.9, Code 2009, is amended by striking
61 28 the section and inserting in lieu thereof the following:
61 29 46.9 CONDUCT OF ELECTIONS.
61 30 When an election of judicial nominating commissioners is to
61 31 be held, the state court administrator shall administer the
61 32 voting. The state court administrator may administer the
61 33 voting by electronic notification and voting or by paper
61 34 ballot mailed to each eligible attorney. The state court
61 35 administrator shall mail paper ballots to eligible attorneys
62 1 or electronically notify and enable eligible attorneys to
62 2 vote. The elector receiving the most votes shall be elected.
62 3 When more than one commissioner is to be elected, the electors
62 4 receiving the most votes shall be elected, in the same number
62 5 as the offices to be filled.
62 6 Sec. 161. Section 46.9A, Code 2009, is amended to read as
62 7 follows:
62 8 46.9A NOTICE PRECEDING NOMINATION OF ELECTIVE NOMINATING
62 9 COMMISSIONERS.
62 10 At least sixty days prior to the expiration of the term of
62 11 an elective state or district judicial nominating
62 12 commissioner, the clerk of the supreme court state court
62 13 administrator shall cause to be mailed to each member of the
62 14 bar whose name appears on the certified list prepared pursuant
62 15 to section 46.8 for the district or districts affected, a
62 16 notice stating the date the term of office will expire, the
62 17 requirements for eligibility to the office for the succeeding
62 18 term, and the procedure for filing nominating petitions,
62 19 including the last date for filing mail paper ballots to
62 20 eligible attorneys or electronically notify and enable
62 21 eligible attorneys to vote. An eligible attorney is a member
62 22 of the bar whose name appears on the certified list prepared
62 23 pursuant to section 46.8 for the district or districts
62 24 affected. Other items may be included in the same mailing if
62 25 they are on sheets separate from the notice.
62 26 Sec. 162. Section 46.10, Code 2009, is amended to read as
62 27 follows:
62 28 46.10 NOMINATION OF ELECTIVE NOMINATING COMMISSIONERS.
62 29 In order to have an eligible elector's name printed on the
62 30 ballot for state or district judicial nominating commissioner,
62 31 the eligible elector must file in the office of the clerk of
62 32 the supreme court state court administrator at least thirty
62 33 days prior to expiration of the period within which the
62 34 election must be held a nominating petition signed by at least
62 35 fifty resident members of the bar of the congressional
63 1 district in case of a candidate for state judicial nominating
63 2 commissioner, or at least ten resident members of the bar of
63 3 the judicial district in case of a candidate for district
63 4 judicial nominating commissioner. No member of the bar may
63 5 sign more nominating petitions for state or district judicial
63 6 nominating commissioner than there are such commissioners to
63 7 be elected.
63 8 Ballots or electronic voting forms for state and district
63 9 judicial nominating commissioners shall contain blank lines
63 10 equal to the number of such commissioners to be elected, where
63 11 names may be written in.
63 12 Sec. 163. Section 46.11, Code 2009, is amended to read as
63 13 follows:
63 14 46.11 CERTIFICATION OF COMMISSIONERS.
63 15 The governor and the clerk of the supreme court state court
63 16 administrator respectively shall promptly certify the names
63 17 and addresses of appointive and elective judicial nominating
63 18 commissioners to the state commissioner of elections and the
63 19 chairperson of the respective nominating commissions.
63 20 Sec. 164. Section 602.6501, subsections 2 and 3, Code
63 21 2009, are amended to read as follows:
63 22 2. The clerk of the district court state court
63 23 administrator shall maintain a permanent record of the name,
63 24 address, and term of office of each commissioner.
63 25 3. A member of a magistrate appointing commission shall be
63 26 reimbursed for actual and necessary expenses reasonably
63 27 incurred in the performance of official duties.
63 28 Reimbursements are payable by the county in which the member
63 29 serves, upon certification of the expenses to the county
63 30 auditor by the clerk of the district court chairperson of the
63 31 commission. The district judges of each judicial district may
63 32 prescribe rules for the administration of this subsection.
63 33 Sec. 165. Section 602.6503, subsection 3, Code 2009, is
63 34 amended to read as follows:
63 35 3. The county auditor shall certify to the clerk of the
64 1 district court state court administrator the name, address,
64 2 and expiration date of term for all appointees of the board of
64 3 supervisors.
64 4 Sec. 166. Section 602.6504, subsections 4 and 5, Code
64 5 2009, are amended to read as follows:
64 6 4. In order to be placed on the ballot for county
64 7 magistrate appointing commission, an eligible attorney elector
64 8 shall file a nomination petition in the office of the clerk of
64 9 court on or before November 30 of the year in which the
64 10 election for attorney positions is to occur state court
64 11 administrator at least thirty days prior to the expiration of
64 12 the period within which the election must be held. This
64 13 subsection does not preclude write=in votes at the time of the
64 14 election.
64 15 5. When an election of magistrate appointing commissioners
64 16 is to be held, the clerk of the district court for each county
64 17 shall cause to be mailed to each eligible attorney a ballot
64 18 that is in substantially the following form: state court
64 19 administrator shall administer the election. The state court
64 20 administrator may administer the election by electronic
64 21 notification and voting or by paper ballot mailed to each
64 22 eligible attorney. The state court administrator shall mail
64 23 paper ballots to eligible attorneys or electronically notify
64 24 and enable eligible attorneys to vote on or before December
64 25 15.
64 26 BALLOT
64 27 County Magistrate Appointing Commission
64 28 To be cast by the resident members of the bar of ......
64 29 county.
64 30 Vote for (state number) for ...... county judicial
64 31 magistrate appointing commissioner(s) for term commencing
64 32 ......
64 33 ......................
64 34 ......................
64 35 To be counted, this ballot must be completed and mailed or
65 1 delivered to clerk of the district court, ........, no later
65 2 than December 31, ... (year) (or the appropriate date in case
65 3 of an election to fill a vacancy).
65 4 Sec. 167. EFFECTIVE DATE. This division of this Act takes
65 5 effect February 10, 2010.
65 6 DIVISION XI
65 7 JUDICIAL OFFICER VACANCIES
65 8 Sec. 168. 2009 Iowa Acts, House File 414, section 54, is
65 9 amended to read as follows:
65 10 SEC. 54. JUDICIAL APPOINTMENT == DELAY.
65 11 1. Notwithstanding section 46.12, the chief justice may
65 12 order the state commissioner of elections to delay, for up to
65 13 one hundred eighty days for budgetary reasons, the sending of
65 14 a notification to the proper judicial nominating commission
65 15 that a vacancy in the supreme court, court of appeals, or
65 16 district court has occurred or will occur.
65 17 2. Notwithstanding sections 602.6304, 602.7103B, and
65 18 633.20B, the chief justice may order any county magistrate
65 19 appointing commission to delay, for up to one hundred eighty
65 20 days for budgetary reasons, the certification of nominees to
65 21 the chief judge of the judicial district for a district
65 22 associate judgeship, associate juvenile judgeship, or
65 23 associate probate judgeship.
65 24 3. Notwithstanding section 602.6403, subsection 3, the
65 25 chief justice may order any county magistrate appointing
65 26 commission to delay, for up to one hundred eighty days for
65 27 budgetary reasons, the appointment of a magistrate to serve
65 28 the remainder of an unexpired term.
65 29 4. The section Subsection 3, relating to magistrate
65 30 vacancies, is applicable for the period beginning on the
65 31 effective date of this section and ending June 30, 2009.
65 32 Subsections 1 and 2 are applicable for the period beginning on
65 33 the effective date of this section and ending on June 30,
65 34 2010.
65 35 Sec. 169. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
66 1 The section of this division of this Act amending 2009 Iowa
66 2 Acts, House File 414, section 54, being deemed of immediate
66 3 importance, takes effect upon enactment and is retroactively
66 4 applicable to March 16, 2009.
66 5 DIVISION XII
66 6 CARE OF ANIMALS IN COMMERCIAL
66 7 ESTABLISHMENTS == APPROPRIATION
66 8 Sec. 170. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.
66 9 There is appropriated from the general fund of the state to
66 10 the department of agriculture and land stewardship for the
66 11 fiscal year beginning July 1, 2009, and ending June 30, 2010,
66 12 the following amount, or so much thereof as is necessary, to
66 13 be used for the purposes designated:
66 14 For purposes of an inspector for the enforcement of chapter
66 15 162, including salaries, support, maintenance, miscellaneous
66 16 purposes and for not more than the following full=time
66 17 equivalent position:
66 18 .................................................. $ 100,000
66 19 ............................................... FTEs 1.00
66 20 Sec. 171. Section 162.2, Code 2009, is amended by adding
66 21 the following new subsection:
66 22 NEW SUBSECTION. 8A. "Department" means the department of
66 23 agriculture and land stewardship.
66 24 Sec. 172. Section 162.6, Code 2009, is amended to read as
66 25 follows:
66 26 162.6 COMMERCIAL KENNEL OR PUBLIC AUCTION LICENSE.
66 27 A person shall not operate a commercial kennel or public
66 28 auction unless the person has obtained a license to operate a
66 29 commercial kennel or a public auction issued by the secretary
66 30 or unless the person has obtained a certificate of
66 31 registration issued by the secretary if the kennel is
66 32 federally licensed. Application for the license or the
66 33 certificate shall be made in the manner provided by the
66 34 secretary. The license and the certificate expire one year
66 35 from date of issue unless revoked. The license fee is forty
67 1 dollars per year and the certification fee is twenty one
67 2 hundred dollars annually. If the person has obtained a
67 3 federal license, the person need only obtain a certificate.
67 4 The license may be renewed upon application and payment of the
67 5 prescribed fee in the manner provided by the secretary if the
67 6 licensee has conformed to all statutory and regulatory
67 7 requirements. The certificate may be renewed upon application
67 8 and payment of the prescribed fee in the manner provided by
67 9 the secretary. A person regulated under section 99D.22 is
67 10 exempt from paying the certification fee.
67 11 Sec. 173. Section 162.7, Code 2009, is amended to read as
67 12 follows:
67 13 162.7 DEALER LICENSE.
67 14 A person shall not operate as a dealer unless the person
67 15 has obtained a license issued by the secretary or unless the
67 16 person has obtained a certificate of registration issued by
67 17 the secretary if the kennel is federally licensed.
67 18 Application for the license or the certificate shall be made
67 19 in the manner provided by the secretary. The license and
67 20 certificate expire one year from date of issue unless revoked.
67 21 The license fee is one hundred dollars per year and the
67 22 certification fee is twenty one hundred dollars per year. The
67 23 license may be renewed upon application and payment of the fee
67 24 in the manner provided by the secretary if the licensee has
67 25 conformed to all statutory and regulatory requirements. The
67 26 certificate may be renewed upon application and payment of the
67 27 fee in the manner provided by the secretary. A person
67 28 regulated under section 99D.22 is exempt from paying the
67 29 certification fee.
67 30 Sec. 174. Section 162.8, Code 2009, is amended to read as
67 31 follows:
67 32 162.8 COMMERCIAL BREEDER'S LICENSE.
67 33 A person shall not operate as a commercial breeder unless
67 34 the person has obtained a license issued by the secretary or
67 35 unless the person has obtained a certificate of registration
68 1 issued by the secretary if the kennel is federally licensed.
68 2 Application for the license or the certificate shall be made
68 3 in the manner provided by the secretary. The annual license
68 4 or the certification period expires one year from date of
68 5 issue. The license fee is forty dollars per year and the
68 6 certificate fee is twenty one hundred dollars per year. The
68 7 license may be renewed upon application and payment of the
68 8 prescribed fee in the manner provided by the secretary if the
68 9 licensee has conformed to all statutory and regulatory
68 10 requirements. The certificate may be renewed upon application
68 11 and payment of the prescribed fee in the manner provided by
68 12 the secretary. A person regulated under section 99D.22 is
68 13 exempt from paying the certification fee.
68 14 Sec. 175. Section 162.11, subsection 2, Code 2009, is
68 15 amended by striking the subsection and inserting in lieu
68 16 thereof the following:
68 17 2. The department shall regulate a person who applies for
68 18 or has been issued a certificate of registration as a dealer,
68 19 commercial breeder, commercial kennel, or public auction.
68 20 DIVISION XIII
68 21 DISASTER ASSISTANCE
68 22 Sec. 176. 2009 Iowa Acts, House File 64, section 1,
68 23 subsection 2, paragraph b, is amended to read as follows:
68 24 b. Forgivable loans awarded after the effective date of
68 25 this division of this Act shall be awarded pursuant to the
68 26 following priorities:
68 27 (1) First priority shall be given to eligible residents
68 28 who have not received any moneys under the jumpstart housing
68 29 assistance program prior to the effective date of this
68 30 division of this Act.
68 31 (2) Second priority shall be given to eligible residents
68 32 who have received less than twenty=four thousand nine hundred
68 33 ninety=nine dollars under the jumpstart housing assistance
68 34 program prior to the effective date of this division of this
68 35 Act.
69 1 (3) Third priority shall be given to eligible residents
69 2 who have received twenty=four thousand nine hundred
69 3 ninety=nine dollars under the jumpstart housing assistance
69 4 program prior to the effective date of this division of this
69 5 Act and who continue to have unmet needs for down payment
69 6 assistance, emergency housing repair or rehabilitation,
69 7 interim mortgage assistance, or energy efficiency assistance.
69 8 An eligible resident shall not receive more than an additional
69 9 twenty=four thousand nine hundred ninety=nine dollars under
69 10 this subparagraph.
69 11 Sec. 177. 2009 Iowa Acts, House File 64, section 4,
69 12 subsection 1, is amended to read as follows:
69 13 1. There is appropriated from the Iowa economic emergency
69 14 fund created in section 8.55 to the department of human
69 15 services for the fiscal year beginning July 1, 2008, and
69 16 ending June 30, 2009, the following amount, or so much thereof
69 17 as is necessary, to be used for the purposes designated:
69 18 For providing individual disaster grants for unmet needs
69 19 pursuant to the requirements in this section:
69 20 .................................................. $ 10,000,000
69 21 6,600,000
69 22 Sec. 178. 2009 Iowa Acts, House File 64, section 4,
69 23 subsection 6, is amended to read as follows:
69 24 6. An area long=term disaster committee shall be
69 25 reimbursed for administrative expenses incurred in an amount
69 26 not to exceed three percent of the grant moneys awarded for
69 27 the area pursuant to an intergovernmental agreement to be
69 28 established between the department of human services and the
69 29 agency of record responsible for the long=term disaster
69 30 committee in each area unreimbursed grants made to persons for
69 31 eligible expenses authorized in subsection 5, not to exceed
69 32 two thousand five hundred dollars per household, made by a
69 33 committee since September 1, 2008. The department of human
69 34 services shall not be reimbursed for using moneys appropriated
69 35 in this section for administrative costs associated with
70 1 administering the Iowa unmet needs disaster grant program.
70 2 Sec. 179. HOMELAND SECURITY AND EMERGENCY MANAGEMENT
70 3 DIVISION == APPROPRIATION.
70 4 1. There is appropriated from the Iowa economic emergency
70 5 fund created in section 8.55 to the department of public
70 6 defense for the homeland security and emergency management
70 7 division for the fiscal year beginning July 1, 2008, and
70 8 ending June 30, 2009, the following amount, or so much thereof
70 9 as is necessary, to be used for the purposes designated:
70 10 For distribution to political subdivisions and private
70 11 nonprofit organizations pursuant to this section:
70 12 .................................................. $ 2,400,000
70 13 2. The homeland security and emergency management division
70 14 of the department of public defense shall distribute moneys
70 15 appropriated under subsection 1 to political subdivisions and
70 16 private nonprofit organizations based on donated resources
70 17 amounts reported by the recipient to the division and the
70 18 federal emergency management agency under the public
70 19 assistance disaster relief program. The division shall make
70 20 distributions equal in amount to forty percent of the donated
70 21 resources amounts reported.
70 22 3. Notwithstanding section 8.33 and section 8.55,
70 23 subsection 3, paragraph "a", moneys appropriated in this
70 24 section that remain unencumbered or unobligated at the close
70 25 of the fiscal year shall not revert but shall remain available
70 26 for expenditure for the purposes designated until the close of
70 27 the succeeding fiscal year.
70 28 Sec. 180. REBUILD IOWA OFFICE == APPROPRIATION.
70 29 1. There is appropriated from the Iowa economic emergency
70 30 fund created in section 8.55 to the rebuild Iowa office for
70 31 the fiscal year beginning July 1, 2008, and ending June 30,
70 32 2009, the following amount, or so much thereof as is
70 33 necessary, to be used for the purposes designated:
70 34 For distribution to community recovery centers pursuant to
70 35 this section:
71 1 .................................................. $ 1,000,000
71 2 2. The rebuild Iowa office shall distribute the moneys
71 3 appropriated under this section in the form of grants to area
71 4 long=term recovery committees with a signed memorandum of
71 5 understanding with the department of human services.
71 6 3. Notwithstanding section 8.33 and section 8.55,
71 7 subsection 3, paragraph "a", moneys appropriated in this
71 8 section that remain unencumbered or unobligated at the close
71 9 of the fiscal year shall not revert but shall remain available
71 10 for expenditure for the purposes designated until the close of
71 11 the succeeding fiscal year.
71 12 Sec. 181. EFFECTIVE DATE. This division of this Act,
71 13 being deemed of immediate importance, takes effect upon
71 14 enactment.
71 15 DIVISION XIV
71 16 HEALTH AND HUMAN SERVICES
71 17 Sec. 182. MEDICAID ENTERPRISE STUDY. By July 1, 2009, the
71 18 department of human services shall explore procuring services
71 19 incorporating data mining, predictive modeling, and data
71 20 analytics which may include automated claims review to address
71 21 provider overpayments, underpayments, and fraud within the
71 22 Iowa Medicaid enterprise for the fiscal period beginning July
71 23 1, 2006, and ending June 30, 2009. The review shall be
71 24 completed by June 30, 2009, and shall use only Iowa specific
71 25 models, patterns, or trend data. The department shall issue a
71 26 request for proposals to competitively procure such services
71 27 not later than July 1, 2009, and shall complete the request
71 28 for proposals process by August 31, 2009.
71 29 Sec. 183. Section 135H.3, Code 2009, is amended by adding
71 30 the following new unnumbered paragraph:
71 31 NEW UNNUMBERED PARAGRAPH. If a child is diagnosed with a
71 32 biologically based mental illness as defined in section
71 33 514C.22 and meets the medical assistance program criteria for
71 34 admission to a psychiatric medical institution for children,
71 35 the child shall be deemed to meet the acuity criteria for
72 1 inpatient benefits under a group policy, contract, or plan
72 2 providing for third=party payment or prepayment of health,
72 3 medical, and surgical coverage benefits issued by a carrier,
72 4 as defined in section 513B.2, or by an organized delivery
72 5 system authorized under 1993 Iowa Acts, chapter 158, that is
72 6 subject to section 514C.22. Such benefits shall not be
72 7 excluded or denied as care that is substantially custodial in
72 8 nature under section 514C.22, subsection 8, paragraph "b".
72 9 Sec. 184. NEW SECTION. 514C.24 CANCER TREATMENT ==
72 10 COVERAGE.
72 11 1. Notwithstanding the uniformity of treatment
72 12 requirements of section 514C.6, a contract, policy, or plan
72 13 providing for third=party payment or prepayment for cancer
72 14 treatment shall not discriminate between coverage benefits for
72 15 prescribed, orally=administered anticancer medication used to
72 16 kill or slow the growth of cancerous cells and intravenously
72 17 administered or injected cancer medications that are covered,
72 18 regardless of formulation or benefit category determination by
72 19 the contract, policy, or plan.
72 20 2. The provisions of this section shall apply to all of
72 21 the following classes of third=party payment provider
72 22 contracts, policies, or plans delivered, issued for delivery,
72 23 continued, or renewed in this state on or after July 1, 2009:
72 24 a. Individual or group accident and sickness insurance
72 25 providing coverage on an expense=incurred basis.
72 26 b. An individual or group hospital or medical service
72 27 contract issued pursuant to chapter 509, 514, or 514A.
72 28 c. An individual or group health maintenance organization
72 29 contract regulated under chapter 514B.
72 30 d. An individual or group Medicare supplemental policy,
72 31 unless coverage pursuant to such policy is preempted by
72 32 federal law.
72 33 e. A plan established pursuant to chapter 509A for public
72 34 employees.
72 35 3. This section shall not apply to accident=only,
73 1 specified disease, short=term hospital or medical, hospital
73 2 confinement indemnity, credit, dental, vision, long=term care,
73 3 basic hospital, and medical=surgical expense coverage as
73 4 defined by the commissioner, disability income insurance
73 5 coverage, coverage issued as a supplement to liability
73 6 insurance, workers' compensation or similar insurance, or
73 7 automobile medical payment insurance.
73 8 4. The commissioner of insurance shall adopt rules
73 9 pursuant to chapter 17A as necessary to administer this
73 10 section.
73 11 Sec. 185. 2008 Iowa Acts, chapter 1187, section 29, is
73 12 amended by adding the following new unnumbered paragraph:
73 13 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
73 14 moneys appropriated in this section that remain unencumbered
73 15 or unobligated at the close of the fiscal year shall not
73 16 revert but shall remain available for expenditure for the
73 17 purpose designated until the close of the fiscal year
73 18 beginning July 1, 2010.
73 19 Sec. 186. 2009 Iowa Acts, House File 811, section 40,
73 20 subsection 2, if enacted, is amended to read as follows:
73 21 2. The study committee shall consist of members of the
73 22 general assembly, and representatives of the department of
73 23 public health, the Iowa pharmacy association, the Iowa medical
73 24 society, the Iowa nurses association, wellmark blue cross blue
73 25 shield, the principal financial group, the federation of Iowa
73 26 insurers, the university of Iowa college of public health, the
73 27 Iowa retail federation, the prevention and chronic care
73 28 management advisory council established in section 135.161,
73 29 the medical home system advisory council established in
73 30 section 135.159, the Iowa healthcare collaborative, as defined
73 31 in section 135.40, the health policy corporation of Iowa, and
73 32 the Iowa foundation for medical care.
73 33 Sec. 187. EFFECTIVE DATE.
73 34 1. The section of this division of this Act relating to a
73 35 Medicaid enterprise study, being deemed of immediate
74 1 importance, takes effect upon enactment.
74 2 2. The section of this division of this Act amending 2008
74 3 Iowa Acts, chapter 1187, section 29, being deemed of immediate
74 4 importance, takes effect upon enactment.
74 5 DIVISION XV
74 6 ECONOMIC DEVELOPMENT == WORKFORCE DEVELOPMENT
74 7 Sec. 188. DISASTER ASSISTANCE LOAN AND CREDIT GUARANTEE
74 8 PROGRAM.
74 9 1. The department of economic development shall establish
74 10 and administer a disaster assistance loan and credit guarantee
74 11 program by investing the assets of the disaster assistance
74 12 loan and credit guarantee fund in order to provide loan and
74 13 credit guarantees to all of the following qualifying
74 14 businesses:
74 15 a. Businesses directly impacted by a natural disaster
74 16 occurring after May 24, 2008, and before August 14, 2008.
74 17 b. Businesses either locating an existing business or
74 18 starting a new business in a disaster=impacted space in an
74 19 area which was declared a natural disaster area by the
74 20 president of the United States due to a natural disaster
74 21 occurring after May 24, 2008, and before August 14, 2008. For
74 22 purposes of this paragraph, "disaster=impacted space" means a
74 23 building damaged by a natural disaster occurring after May 24,
74 24 2008, and before August 14, 2008, including undamaged upper
74 25 floors of a building that was damaged by the natural disaster.
74 26 c. Businesses filling a critical community need in
74 27 conformance with the comprehensive plan of the city as
74 28 determined by resolution of the city council of the city in
74 29 which the business is located. For purposes of this
74 30 paragraph, a business shall be deemed to be located in a city
74 31 if it is located within two miles of the city limits.
74 32 2. a. The department, pursuant to agreements with
74 33 financial institutions, shall provide loan and credit
74 34 guarantees to qualifying businesses described in subsection 1.
74 35 A loan or credit guarantee under the program shall not exceed
75 1 ten percent of the loan amount or twenty=five thousand
75 2 dollars, whichever is less. Not more than one loan or credit
75 3 guarantee shall be awarded per federal employer identification
75 4 number.
75 5 b. A loan or credit guarantee provided under the program
75 6 may stand alone or may be used in conjunction with or to
75 7 enhance other loan or credit guarantees offered by a financial
75 8 institution. The department may purchase insurance to cover
75 9 defaulted loans meeting the requirements of the program.
75 10 However, the department shall not in any manner directly or
75 11 indirectly pledge the credit of the state.
75 12 c. Eligible project costs include expenditures for
75 13 productive equipment and machinery, land and real estate,
75 14 working capital for operations, research and development,
75 15 marketing, engineering and architectural fees, and such other
75 16 costs as the department may so designate.
75 17 d. A loan or credit guarantee under the program shall not
75 18 be used for purposes of debt refinancing.
75 19 3. Each participating financial institution shall identify
75 20 and underwrite potential lending opportunities with qualifying
75 21 businesses. Upon a determination by a participating financial
75 22 institution that a qualifying business meets the underwriting
75 23 standards of the financial institution, subject to the
75 24 approval of a loan or credit guarantee, the financial
75 25 institution shall submit the underwriting information and a
75 26 loan or credit guarantee application to the department.
75 27 4. Upon approval of a loan or credit guarantee, the
75 28 department shall enter into a loan or credit guarantee
75 29 agreement with the participating financial institution. The
75 30 agreement shall specify all of the following:
75 31 a. The fee to be charged to the financial institution.
75 32 b. The evidence of debt assurance of, and security for,
75 33 the loan or credit guarantee.
75 34 c. A loan or credit guarantee that does not exceed fifteen
75 35 years.
76 1 d. Any other terms and conditions considered necessary or
76 2 desirable by the department.
76 3 e. That the loan or credit guarantee does not invoke or
76 4 pledge the credit or the taxing power of the state and that
76 5 any claim made pursuant to the loan or credit guarantee shall
76 6 be limited to the terms and amount of the loan or credit
76 7 guarantee and to the moneys in the disaster assistance loan
76 8 and credit guarantee fund.
76 9 5. The department shall charge a nonrefundable application
76 10 fee for each application under the program. The department
76 11 shall include the fee information in the application
76 12 materials. The fee is payable upon submission of an
76 13 application for a loan or credit guarantee from a financial
76 14 institution or a qualifying business. The application fee
76 15 shall be not less than five hundred dollars and not more than
76 16 one thousand dollars. Moneys received from fees are
76 17 appropriated to the department for purposes of administering
76 18 this section.
76 19 6. The department may adopt loan and credit guarantee
76 20 application procedures that allow a qualifying business to
76 21 apply directly to the department for a preliminary guarantee
76 22 commitment. A preliminary guarantee commitment may be issued
76 23 by the department subject to the qualifying business securing
76 24 a commitment for financing from a financial institution. The
76 25 application procedures shall specify the process by which a
76 26 financial institution may obtain a final loan or credit
76 27 guarantee.
76 28 7. a. A disaster assistance loan and credit guarantee
76 29 fund is created and established as a separate and distinct
76 30 fund in the state treasury. Moneys in the fund shall only be
76 31 used for purposes provided in this section. The moneys in the
76 32 fund are appropriated to the department to be used for all of
76 33 the following purposes:
76 34 (1) Payment of claims pursuant to loan and credit
76 35 guarantee agreements entered into under this section.
77 1 (2) Payment of administrative costs of the department for
77 2 actual and necessary administrative expenses incurred by the
77 3 department in administering the disaster assistance loan and
77 4 credit guarantee program.
77 5 (3) Purchase or buyout of superior or prior liens,
77 6 mortgages, or security interests.
77 7 (4) Purchase of insurance to cover the default of loans
77 8 made pursuant to the requirements of the disaster assistance
77 9 loan and credit guarantee program.
77 10 b. Moneys in the disaster assistance loan and credit
77 11 guarantee fund shall consist of all of the following:
77 12 (1) Moneys appropriated by the general assembly for that
77 13 purpose and any other moneys available to and obtained or
77 14 accepted by the department for placement in the fund.
77 15 (2) Proceeds from collateral assigned to the department,
77 16 fees for guarantees, gifts, and moneys from any grant made to
77 17 the fund by any federal agency.
77 18 c. Moneys in the fund are not subject to section 8.33.
77 19 Notwithstanding section 12C.7, interest or earnings on the
77 20 moneys in the fund shall be credited to the fund.
77 21 d. (1) The department shall only pledge moneys in the
77 22 disaster assistance loan and credit guarantee fund and not any
77 23 other moneys under the control of the department. In a fiscal
77 24 year, the department may pledge an amount not to exceed the
77 25 total amount appropriated to the fund for the same fiscal year
77 26 to assure the repayment of loan and credit guarantees or other
77 27 extensions of credit made to or on behalf of qualified
77 28 businesses for eligible project costs.
77 29 (2) The department shall not pledge the credit or taxing
77 30 power of this state or any political subdivision of this state
77 31 or make debts payable out of any moneys except for those in
77 32 the disaster assistance loan and credit guarantee fund.
77 33 8. For purposes of this section, "financial institution"
77 34 means a bank incorporated pursuant to chapter 524 or a credit
77 35 union organized pursuant to chapter 533.
78 1 9. For the fiscal year beginning July 1, 2008, and ending
78 2 June 30, 2009, the Iowa power fund board may allocate up to
78 3 $1.8 million for purposes of the disaster assistance loan and
78 4 credit guarantee fund.
78 5 Sec. 189. JOB TRAINING INTERIM STUDY COMMITTEE.
78 6 1. The legislative council shall establish a job training
78 7 interim study committee to examine job training issues during
78 8 the 2009 legislative interim period.
78 9 2. The study committee shall examine and make
78 10 recommendations concerning job training needs in Iowa. The
78 11 study committee shall focus on job training mechanisms that
78 12 provide services to underserved populations in Iowa.
78 13 Underserved populations include people making less than twenty
78 14 thousand dollars per year, minorities, women, persons with
78 15 disabilities, the elderly, and people convicted of felonies
78 16 trying to re=enter society after release from prison.
78 17 3. The legislative council shall consider providing
78 18 funding for the hiring of a private consultant to identify
78 19 duplicative programs that contribute to the fragmentation of
78 20 job training efforts. The study committee shall make
78 21 recommendations for the removal of any such duplicative
78 22 programs.
78 23 4. The committee shall submit a report to the general
78 24 assembly.
78 25 Sec. 190. Section 15.421, subsection 2, Code 2009, is
78 26 amended by adding the following new paragraph:
78 27 NEW PARAGRAPH. c. The directors of the department of
78 28 economic development and the department of workforce
78 29 development, or their designees, shall serve as nonvoting, ex
78 30 officio members.
78 31 Sec. 191. Section 15.421, subsection 4, Code 2009, is
78 32 amended by striking the subsection and inserting in lieu
78 33 thereof the following:
78 34 4. a. The chairperson and vice chairperson of the
78 35 commission shall be selected by the governor and shall serve
79 1 at the pleasure of the governor.
79 2 b. An executive council of the commission shall consist of
79 3 the chairperson and vice chairperson, and three members
79 4 elected by the commission on an annual basis. The executive
79 5 council shall meet on a monthly basis.
79 6 Sec. 192. Section 15.421, subsection 5, paragraphs b and
79 7 c, Code 2009, are amended to read as follows:
79 8 b. Advise and assist the department state agencies in
79 9 activities designed to retain and attract the young adult
79 10 population.
79 11 c. Develop and make available best practices guidelines
79 12 for employers to retain and attract and retain young adult
79 13 employees.
79 14 Sec. 193. Section 15.421, subsection 5, Code 2009, is
79 15 amended by adding the following new paragraph:
79 16 NEW PARAGRAPH. d. Conduct meetings on at least a
79 17 bimonthly basis.
79 18 Sec. 194. NEW SECTION. 15E.70 FINANCIAL STATEMENTS ==
79 19 AUDITOR OF STATE.
79 20 By July 1 of each year, the Iowa fund of funds, the Iowa
79 21 capital investment corporation, and designated investors shall
79 22 submit a financial statement for the previous calendar year to
79 23 the auditor of state.
79 24 Sec. 195. 2008 Iowa Acts, chapter 1178, section 18, is
79 25 amended by adding the following new subsection:
79 26 NEW SUBSECTION. 7. Notwithstanding section 8.33, moneys
79 27 appropriated in this section that remain unencumbered or
79 28 unobligated at the close of the fiscal year shall not revert
79 29 but shall remain available for expenditure for the purposes
79 30 designated until the close of the succeeding fiscal year.
79 31 Sec. 196. 2009 Iowa Acts, Senate File 469, section 15,
79 32 subsection 2, unnumbered paragraph 2, if enacted, is amended
79 33 to read as follows:
79 34 The division of workers' compensation shall continue
79 35 charging charge a $65 $100 filing fee for workers'
80 1 compensation cases. The filing fee shall be paid by the
80 2 petitioner of a claim. However, the fee can be taxed as a
80 3 cost and paid by the losing party, except in cases where it
80 4 would impose an undue hardship or be unjust under the
80 5 circumstances. The moneys generated by the filing fee allowed
80 6 under this subsection are appropriated to the department of
80 7 workforce development to be used for purposes of administering
80 8 the division of workers' compensation.
80 9 Sec. 197. EFFECTIVE DATE.
80 10 1. The section of this division of this Act amending 2008
80 11 Iowa Acts, chapter 1178, section 18, being deemed of immediate
80 12 importance, takes effect upon enactment.
80 13 2. The section of this division of this Act creating the
80 14 disaster assistance loan and credit guarantee program, being
80 15 deemed of immediate importance, takes effect upon enactment.
80 16 DIVISION XVI
80 17 CONTRACTOR REGISTRATION
80 18 Sec. 198. Section 91C.4, Code 2009, is amended to read as
80 19 follows:
80 20 91C.4 FEES
80 21 The labor commissioner shall prescribe the fee for
80 22 registration, which fee shall not exceed twenty=five fifty
80 23 dollars every two years year. All fees collected shall be
80 24 deposited in the general fund of the state.
80 25 Sec. 199. Section 91C.7, subsection 2, paragraph b, Code
80 26 2009, is amended to read as follows:
80 27 b. An out=of=state contractor may file a blanket bond in
80 28 an amount at least equal to fifty thousand dollars for the
80 29 registration a two=year period established under section 91C.4
80 30 in lieu of filing an individual bond for each contract. The
80 31 division of labor services of the department of workforce
80 32 development may increase the bond amount after a hearing.
80 33 Sec. 200. NEW SECTION. 91C.9 REGISTRATION FUND.
80 34 1. A contractor registration revolving fund is created in
80 35 the state treasury. The revolving fund shall be administered
81 1 by the commissioner and shall consist of moneys collected by
81 2 the commissioner as fees. The commissioner shall remit all
81 3 fees collected pursuant to this chapter to the revolving fund.
81 4 The moneys in the revolving fund are appropriated to and shall
81 5 be used by the commissioner to pay the actual costs and
81 6 expenses necessary to perform the duties of the commissioner
81 7 and the division of labor as described in this chapter. All
81 8 salaries and expenses properly chargeable to the revolving
81 9 fund shall be paid from the revolving fund.
81 10 2. Section 8.33 does not apply to any moneys in the
81 11 revolving fund. Notwithstanding section 12C.7, subsection 2,
81 12 earnings or interest on moneys deposited in the fund shall be
81 13 credited to the revolving fund.
81 14 Sec. 201. EMERGENCY RULES. The commissioner may adopt
81 15 emergency rules under section 17A.4, subsection 3, and section
81 16 17A.5, subsection 2, paragraph "b", to implement the
81 17 provisions of this Act amending chapter 91C, and the rules
81 18 shall be effective immediately upon filing unless a later date
81 19 is specified in the rules. Any rules adopted in accordance
81 20 with this section shall also be published as a notice of
81 21 intended action as provided in section 17A.4.
81 22 Sec. 202. REGISTRATION FUND == CASH FLOW. Notwithstanding
81 23 contrary provisions of section 89.8, and of section 91C.9 as
81 24 enacted in this Act, for the fiscal year beginning July 1,
81 25 2009, and ending June 30, 2010, the commissioner may allocate,
81 26 for cash flow purposes, up to one hundred thousand dollars
81 27 from moneys in the boiler and pressure vessel safety revolving
81 28 fund created in section 89.8, to the contractor registration
81 29 revolving fund created in section 91C.9 as enacted in this
81 30 Act, provided that such moneys are returned to the boiler and
81 31 pressure vessel safety revolving fund by June 30, 2010.
81 32 DIVISION XVII
81 33 CHILD CARE REGULATORY FEE
81 34 Sec. 203. NEW SECTION. 237A.4A CHILD CARE REGULATORY FEE
81 35 == CHILD CARE FACILITY FUND.
82 1 1. a. The department shall implement a regulatory fee for
82 2 licensure of child care facilities. The fee requirements
82 3 shall provide for tiered amounts based upon a child care
82 4 facility's capacity and a child development home's regulatory
82 5 category at the time of licensure.
82 6 b. The regulatory fee for centers shall not exceed one
82 7 hundred fifty dollars.
82 8 c. The regulatory fee for category "A" and "B" child
82 9 development homes shall not exceed one hundred fifty dollars
82 10 and the fee for category "C" child development homes shall not
82 11 exceed one hundred eighty=seven dollars.
82 12 d. The department shall adopt rules for implementation of
82 13 the fee.
82 14 2. Regulatory fees collected shall augment existing
82 15 funding for regulation of child care facilities in order to
82 16 phase in annual inspections of child development homes and
82 17 improve inspections of child care centers. The department
82 18 shall not supplant existing funding for regulation of child
82 19 care with funding derived from the regulatory fee. The
82 20 department shall seek to meet the following target percentages
82 21 of the total number of child development homes in the state
82 22 inspected annually in phasing in the annual inspection of all
82 23 child development homes:
82 24 a. For the fiscal year beginning July 1, 2009, twenty
82 25 percent.
82 26 b. For the fiscal year beginning July 1, 2010, forty
82 27 percent.
82 28 c. For the fiscal year beginning July 1, 2011, sixty
82 29 percent.
82 30 d. For the fiscal year beginning July 1, 2012, eighty
82 31 percent.
82 32 e. For the fiscal year beginning July 1, 2013, and
82 33 succeeding fiscal years, one hundred percent.
82 34 3. a. In phasing in the inspection of child development
82 35 homes, the department shall give priority to child development
83 1 homes that have recently become licensed and have paid the
83 2 regulatory fee implemented pursuant to this section.
83 3 b. The results of an inspection of a child care facility
83 4 shall be made publicly available on the internet page or site
83 5 implemented by the department in accordance with section
83 6 237A.25 and through other means.
83 7 4. The target time frame for the department's issuance of
83 8 the report concerning an inspection or other regulatory visit
83 9 to a child care facility is sixty calendar days.
83 10 5. A child care facility fund is created in the state
83 11 treasury under the authority of the department. The fund is
83 12 separate from the general fund of the state. Regulatory fees
83 13 collected under subsection 1 shall be credited to the fund.
83 14 Moneys credited to the fund shall not revert to any other fund
83 15 and are not subject to transfer except as specifically
83 16 provided by law. Notwithstanding section 12C.7, subsection 2,
83 17 interest or earnings on moneys deposited in the fund shall be
83 18 credited to the fund. Moneys in the fund are annually
83 19 appropriated to the department to be used for staffing
83 20 dedicated to monitoring and regulation of child care
83 21 facilities, contracting, related technology costs, record
83 22 checks, grants and fee waivers, and other expenses for
83 23 inspection and regulation of child care facilities. Any
83 24 full=time equivalent positions paid for out of the fund shall
83 25 be in addition to other such positions authorized for the
83 26 department.
83 27 Sec. 204. Section 237A.5, subsection 2, paragraphs b and
83 28 c, Code 2009, are amended to read as follows:
83 29 b. If an individual person subject to a record check is
83 30 being considered for employment by a child care facility or
83 31 child care home provider, in lieu of requesting a record check
83 32 in this state to be conducted by the department under
83 33 paragraph "c", the child care facility or child care home may
83 34 access the single contact repository established pursuant to
83 35 section 135C.33 as necessary to conduct a criminal and child
84 1 abuse record check of the individual in this state. A copy of
84 2 the results of the record check conducted through the single
84 3 contact repository shall also be provided to the department.
84 4 If the record check indicates the individual is a person
84 5 subject to an evaluation, the child care facility or child
84 6 care home may request that the department perform an
84 7 evaluation as provided in this subsection. Otherwise, the
84 8 individual shall not be employed by the child care facility or
84 9 child care home.
84 10 c. Unless a record check has already been conducted in
84 11 accordance with paragraph "b", the department shall conduct a
84 12 criminal and child abuse record check in this state for a
84 13 person who is subject to a record check and may conduct such a
84 14 check in other states. In addition, the department may
84 15 conduct a dependent adult abuse, sex offender registry, or
84 16 other public or civil offense record check in this state or in
84 17 other states for a person who is subject to a record check.
84 18 cc. (1) For a person subject to a record check, in
84 19 addition to any other record check conducted pursuant to this
84 20 subsection, the person's fingerprints shall be provided to the
84 21 department of public safety for submission through the state
84 22 criminal history repository to the United States department of
84 23 justice, federal bureau of investigation for a national
84 24 criminal history check. The national criminal history check
84 25 shall be repeated every four years.
84 26 (2) Except as otherwise provided by law, the cost of a
84 27 national criminal history check conducted in accordance with
84 28 subparagraph (1) and the state record checks conducted in
84 29 accordance with paragraph "c" that are conducted in connection
84 30 with a person's involvement with a child care center are not
84 31 the responsibility of the department. The department is
84 32 responsible for the cost of such checks conducted in
84 33 connection with a person's involvement with a child
84 34 development home or child care home.
84 35 (3) If record checks under paragraph "b" or "c" have been
85 1 conducted on a person subject to a record check and the
85 2 results do not warrant prohibition of the person's involvement
85 3 with child care or otherwise present protective concerns, the
85 4 person may be involved with child care on a provisional basis
85 5 until the record check under subparagraph (1) has been
85 6 completed.
85 7 (4) For the period beginning July 1, 2009, and ending June
85 8 30, 2013:
85 9 (a) The requirement in subparagraph (1) shall only apply
85 10 to owners and employees of licensed child care centers and
85 11 licensed child development homes and is applicable beginning
85 12 on and after January 1, 2010, at the time of initial
85 13 application for or renewal of a center's or home's license and
85 14 the cost provisions of subparagraph (2) are applicable to
85 15 owners and employees of centers beginning at the same time.
85 16 (b) Except for child development home providers who
85 17 voluntarily license and are addressed by subparagraph division
85 18 (a), and child development home providers participating in the
85 19 child care quality rating system at a level under which
85 20 national records checks are required in accordance with
85 21 departmental rule, the national record check requirement in
85 22 subparagraph (1) is not applicable in connection with a child
85 23 development home or child care home throughout the period.
85 24 (c) This subparagraph (4) is repealed on July 1, 2013.
85 25 ccc. (1) If a record check performed pursuant to this
85 26 paragraph subsection identifies an individual as a person
85 27 subject to an evaluation, an evaluation shall be performed to
85 28 determine whether prohibition of the person's involvement with
85 29 child care is warranted. The evaluation shall be performed in
85 30 accordance with procedures adopted for this purpose by the
85 31 department.
85 32 (2) Prior to performing an evaluation, the department
85 33 shall notify the affected person, licensee, registrant, or
85 34 child care home applying for or receiving public funding for
85 35 providing child care, that an evaluation will be conducted to
86 1 determine whether prohibition of the person's involvement with
86 2 child care is warranted.
86 3 Sec. 205. IMPLEMENTATION.
86 4 1. The department of human services shall adopt
86 5 administrative rules to begin implementation of the regulatory
86 6 fee authorized to be imposed by this division of this Act on
86 7 or after January 1, 2010.
86 8 2. It is the intent of the general assembly to enact
86 9 required licensure of child development homes commencing on
86 10 July 1, 2013, and for the licensure requirement to provide
86 11 exemptions for child care provided by a relative to only
86 12 related children, a person providing before or after school
86 13 child care without charge to only children of friends or
86 14 neighbors, or a person providing child care to only children
86 15 from a single unrelated family. Beginning on the effective
86 16 date of this division of this Act, the department of human
86 17 services shall begin transition activities for such
86 18 implementation of child development home licensure. The
86 19 transition activities may include all of the following:
86 20 a. Implementation of an ongoing public awareness campaign
86 21 to inform child care providers and consumers of child care
86 22 services of the intended licensure requirement.
86 23 b. Implementation of a voluntary child development home
86 24 licensing program on or after July 1, 2010. The department
86 25 shall adopt rules for the voluntary program. The rules may
86 26 include but are not limited to provisions to limit the number
86 27 of voluntary licensure applications accepted as necessary to
86 28 limit related expenditures within the funding available. The
86 29 rules shall address all qualification levels of providers who
86 30 apply for licensure under the voluntary program. However, a
86 31 prelicensure inspection shall not be required for initial
86 32 licensure of a child development home provider who meets all
86 33 of the following requirements:
86 34 (1) The provider's registration is in good standing at the
86 35 time of application for a license.
87 1 (2) The provider has a rating of 3, 4, or 5 under the
87 2 child care quality rating system implemented pursuant to
87 3 section 237A.30 as of the application date. The provider must
87 4 either maintain or achieve a higher rating, throughout the
87 5 period of voluntary licensure.
87 6 (3) The provider has passed a registration compliance
87 7 check by the department or achieved a rating specified in
87 8 subparagraph (2) within the two=year period preceding the
87 9 application date.
87 10 c. Any cost savings realized by the department during the
87 11 transition period due to licensed child care centers or their
87 12 employees assuming responsibility for the cost of required
87 13 record checks in place of the department shall be transferred
87 14 to the child care facility fund created by this division of
87 15 this Act.
87 16 d. The department, in collaboration with representatives
87 17 of the community empowerment initiative, the state child care
87 18 advisory council, the early childhood Iowa council, child care
87 19 providers active with the Iowa affiliate of the American
87 20 federation of state, county, and municipal employees, and
87 21 others involved with early care, shall develop a plan for
87 22 creating sustainable funding sources to support home=based
87 23 child care providers in meeting the intended child development
87 24 home licensing requirement. The plan shall be submitted to
87 25 the governor and general assembly on or before December 15,
87 26 2010.
87 27 DIVISION XVIII
87 28 AUTOMOBILE RACETRACK FACILITIES
87 29 Sec. 206. Section 423.4, subsection 5, paragraph a,
87 30 subparagraphs (2), (3), and (4), Code 2009, are amended to
87 31 read as follows:
87 32 (2) "Change of control" means any of the following:
87 33 (a) Any change in the ownership of the original or any
87 34 subsequent legal entity that is the owner or operator of the
87 35 automobile racetrack facility such that at least sixty less
88 1 than twenty=five percent of the equity interests in the legal
88 2 entity cease to be is owned by individuals who are residents
88 3 of Iowa, an Iowa corporation, or combination of both.
88 4 (b) The original owners of the legal entity that is the
88 5 owner or operator of the automobile racetrack facility shall
88 6 collectively cease to own more than fifty at least twenty=five
88 7 percent of the voting equity interests of such legal entity or
88 8 shall otherwise cease to have effective control of such legal
88 9 entity.
88 10 (3) "Iowa corporation" means a corporation incorporated
88 11 under the laws of Iowa where at least sixty twenty=five
88 12 percent of the corporation's equity interests are owned by
88 13 individuals who are residents of Iowa.
88 14 (4) "Owner or operator" means a for=profit legal entity
88 15 where at least sixty twenty=five percent of its equity
88 16 interests are owned by individuals who are residents of Iowa,
88 17 an Iowa corporation, or combination of both and that is the
88 18 owner or operator of an automobile racetrack facility and is
88 19 primarily a promoter of motor vehicle races.
88 20 Sec. 207. Section 423.4, subsection 5, paragraph c,
88 21 subparagraph (4), Code 2009, is amended to read as follows:
88 22 (4) Notwithstanding subparagraph (3), the rebate of sales
88 23 tax shall cease for transactions occurring on or after the
88 24 date of the sale or other transfer, whether voluntarily or
88 25 involuntarily, of the automobile racetrack facility to a party
88 26 other than the original owner of the facility or upon a change
88 27 of control of such the automobile racetrack facility.
88 28 DIVISION XIX
88 29 HUNTING
88 30 Sec. 208. Section 481A.21, Code 2009, is amended to read
88 31 as follows:
88 32 481A.21 BIRDS AS TARGETS.
88 33 A person shall not keep or use any live pigeon or other
88 34 bird as a target, to be shot at for amusement or as a test of
88 35 skill in marksmanship, or shoot at a bird kept or used for
89 1 such purpose, or be a party to such shooting, or lease any
89 2 building, room, field, or premises, or knowingly permit the
89 3 use thereof, for the purpose of such shooting. This section
89 4 does not prevent any person from shooting at live pigeons,
89 5 sparrows, and starlings when used in the training of hunting
89 6 dogs. This section does not prevent any person from shooting
89 7 at a bird that is released a minimum of fifty yards from that
89 8 person on a licensed hunting preserve.
89 9 Sec. 209. Section 483A.1, subsection 1, paragraphs b and
89 10 d, Code 2009, are amended to read as follows:
89 11 b. Fishing license, lifetime, sixty=five
89 12 sixty=seven years or older ......................... $ 50.50
89 13 d. Hunting license, lifetime, sixty=five
89 14 sixty=seven years or older ......................... $ 50.50
89 15 Sec. 210. Section 483A.1, subsection 2, Code 2009, is
89 16 amended to read as follows:
89 17 2. Nonresidents:
89 18 a. Fishing license, annual .................... $ 39.00
89 19 49.50
89 20 b. Fishing license, seven=day ................. $ 30.00
89 21 35.50
89 22 c. Hunting license, eighteen years of
89 23 age or older ...................................... $ 80.00
89 24 110.00
89 25 d. Hunting license, under eighteen
89 26 years of age ...................................... $ 30.00
89 27 e. Deer hunting license, antlered or
89 28 any sex deer ...................................... $ 220.00
89 29 295.00
89 30 f. Deer hunting license, antlerless
89 31 deer only, required with the purchase of
89 32 an antlered or any sex deer hunting license ....... $ 100.00
89 33 125.00
89 34 g. Deer hunting license, antlerless
89 35 deer only ......................................... $ 150.00
90 1 225.00
90 2 h. Holiday deer hunting license issued
90 3 under section 483A.8, subsection 6,
90 4 antlerless deer only .............................. $ 75.00
90 5 h. i. Wild turkey hunting license ............. $ 100.00
90 6 125.00
90 7 i. j. Fur harvester license ................... $ 200.00
90 8 275.00
90 9 j. k. Fur dealer license ...................... $ 501.00
90 10 k. l. Location permit for fur dealers ......... $ 56.00
90 11 l. m. Aquaculture unit license ................ $ 56.00
90 12 m. n. Retail bait dealer license or the
90 13 amount for the same type of license in the
90 14 nonresident's state, whichever is greater ......... $ 125.00
90 15 n. o. Trout fishing fee ....................... $ 13.00
90 16 17.50
90 17 o. p. Game breeder license .................... $ 26.00
90 18 p. q. Taxidermy license ....................... $ 26.00
90 19 q. r. Falconry license ........................ $ 26.00
90 20 r. s. Wildlife habitat fee .................... $ 11.00
90 21 s. t. Migratory game bird fee ................. $ 8.00
90 22 11.50
90 23 t. u. Fishing license, three=day .............. $ 15.50
90 24 21.00
90 25 u. v. Wholesale bait dealer license
90 26 or the amount for the same type of license
90 27 in the nonresident's state, whichever
90 28 is greater ........................................ $ 250.00
90 29 v. w. Fishing license, one=day ................ $ 8.50
90 30 10.00
90 31 Sec. 211. Section 483A.8, subsection 6, Code 2009, is
90 32 amended to read as follows:
90 33 6. The commission shall provide by rule for the annual
90 34 issuance to a nonresident of a nonresident antlerless deer
90 35 hunting license that is valid for use only during the period
91 1 beginning on December 24 and ending at sunset on January 2 of
91 2 the following year, and costs fifty seventy=five dollars. A
91 3 nonresident hunting deer with a license issued under this
91 4 subsection shall be otherwise qualified to hunt deer in this
91 5 state and shall have a nonresident hunting license, pay the
91 6 wildlife habitat fee, and pay the one dollar fee for the
91 7 purpose of deer herd population management as provided in
91 8 subsection 3. Pursuant to this subsection, the commission
91 9 shall make available for issuance only the remaining
91 10 nonresident antlerless deer hunting licenses allocated under
91 11 subsection 3 that have not yet been issued for the current
91 12 year's nonresident antlerless deer hunting seasons.
91 13 Sec. 212. EFFECTIVE DATE. This division of this Act,
91 14 being deemed of immediate importance, takes effect upon
91 15 enactment.
91 16 DIVISION XX
91 17 NONPROFIT YOUTH ATHLETIC GROUPS
91 18 Sec. 213. Section 423.3, subsection 78, Code 2009, is
91 19 amended to read as follows:
91 20 78. a. The sales price from sales or rental of tangible
91 21 personal property, or services rendered by any entity where
91 22 the profits from the sales or rental of the tangible personal
91 23 property, or services rendered, are used by or donated to a
91 24 nonprofit entity which that is exempt from federal income
91 25 taxation pursuant to section 501(c)(3) of the Internal Revenue
91 26 Code, a government entity, or a nonprofit private educational
91 27 institution, and where the entire proceeds from the sales,
91 28 rental, or services are expended for any of the following
91 29 purposes:
91 30 a. (1) Educational.
91 31 b. (2) Religious.
91 32 c. (3) Charitable. A charitable act is an act done out
91 33 of goodwill, benevolence, and a desire to add to or to improve
91 34 the good of humankind in general or any class or portion of
91 35 humankind, with no pecuniary profit inuring to the person
92 1 performing the service or giving the gift.
92 2 b. For purposes of this exemption, an organization that
92 3 meets the requirements of paragraph "a" and which is created
92 4 for the sole or primary purpose of providing athletic
92 5 activities to youth shall be considered created for an
92 6 educational purpose.
92 7 c. This exemption does not apply to the sales price from
92 8 games of skill, games of chance, raffles, and bingo games as
92 9 defined in chapter 99B. This exemption is disallowed on the
92 10 amount of the sales price only to the extent the profits from
92 11 the sales, rental, or services are not used by or donated to
92 12 the appropriate entity and expended for educational,
92 13 religious, or charitable purposes.
92 14 Sec. 214. REFUNDS. Refunds of taxes, interest, or
92 15 penalties which arise from claims resulting from the
92 16 provisions of this division of this Act enacting section
92 17 423.3, subsection 78, new paragraph "b", for the sales price
92 18 from sales or rental of tangible personal property, or
92 19 services occurring between July 1, 1998, and the effective
92 20 date of section 423.3, subsection 78, new paragraph "b", shall
92 21 be limited to fifty thousand dollars in the aggregate and
92 22 shall not be allowed unless refund claims are filed prior to
92 23 October 1, 2009, notwithstanding any other provision of law.
92 24 If the amount of claims totals more than fifty thousand
92 25 dollars in the aggregate, the department of revenue shall
92 26 prorate the fifty thousand dollars among all claimants in
92 27 relation to the amounts of the claimants' valid claims.
92 28 Sec. 215. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
92 29 The section of this division of this Act amending section
92 30 423.3, subsection 78, being deemed of immediate importance,
92 31 takes effect upon enactment and applies retroactively to July
92 32 1, 1998.
92 33 DIVISION XXI
92 34 MAGISTRATES
92 35 Sec. 216. Section 602.6401, subsection 4, Code 2009, is
93 1 amended to read as follows:
93 2 4. By March of each year in which magistrates' terms
93 3 expire, the state court administrator shall give notice to the
93 4 clerks of the district court and to the chief judges of the
93 5 judicial districts of the number of magistrates to which each
93 6 county is entitled. If the state court administrator does not
93 7 give the notice as required in this subsection by March of
93 8 each year in which magistrates' terms expire, the existing
93 9 magistrate apportionment in effect shall remain in effect
93 10 through the succeeding magistrates' terms, and any
93 11 apportionment performed pursuant to subsection 2 is void until
93 12 such succeeding terms expire.
93 13 Sec. 217. EFFECTIVE DATE == RETROACTIVE APPLICABILITY.
93 14 This division of this Act, being deemed of immediate
93 15 importance, takes effect upon enactment and applies
93 16 retroactively to January 1, 2009, to void any apportionment
93 17 for which notice was not given by March of 2009.
93 18 DIVISION XXII
93 19 CITY FRANCHISE FEES AND CITY UTILITIES
93 20 Sec. 218. Section 364.2, subsection 4, paragraph f, Code
93 21 2009, is amended to read as follows:
93 22 f. A franchise fee assessed by a city may be based upon a
93 23 percentage of gross revenues generated from sales of the
93 24 franchisee within the city not to exceed five percent, without
93 25 regard to the city's cost of inspecting, supervising, and
93 26 otherwise regulating the franchise. Franchise fees collected
93 27 pursuant to an ordinance in effect on the effective date of
93 28 this division of this Act shall be deposited in the city's
93 29 general fund and such fees collected in excess of the amounts
93 30 necessary to inspect, supervise, and otherwise regulate the
93 31 franchise may be used by the city for any other purpose
93 32 authorized by law. Franchise fees collected pursuant to an
93 33 ordinance that is adopted or amended on or after the effective
93 34 date of this division of this Act to increase the percentage
93 35 rate at which franchise fees are assessed shall be credited to
94 1 the franchise fee account within the city's general fund and
94 2 used pursuant to section 384.3A. If a city franchise fee is
94 3 assessed to customers of a franchise, the fee shall not be
94 4 assessed to the city as a customer. Before a city adopts or
94 5 amends a franchise fee rate ordinance or franchise ordinance
94 6 to increase the percentage rate at which franchise fees are
94 7 assessed, a revenue purpose statement shall be prepared
94 8 specifying the purpose or purposes for which the revenue
94 9 collected from the increased rate will be expended. If
94 10 property tax relief is listed as a purpose, the revenue
94 11 purpose statement shall also include information regarding the
94 12 amount of the property tax relief to be provided with revenue
94 13 collected from the increased rate. The revenue purpose
94 14 statement shall be published as provided in section 362.3.
94 15 Sec. 219. Section 364.3, Code 2009, is amended by adding
94 16 the following new subsection:
94 17 NEW SUBSECTION. 10. A city which operates a utility that
94 18 furnishes gas or electricity shall manage the right=of=way on
94 19 a competitively neutral and nondiscriminatory basis. Such
94 20 city utility shall be required to pay the fees and charges
94 21 computed in the same manner as those fees and charges which
94 22 are imposed by the city upon any other provider of a similar
94 23 service within the corporate boundaries of the city. Such
94 24 city utility shall also comply with the terms of the franchise
94 25 granted by the city to the provider of a similar service.
94 26 This subsection shall not be construed to prohibit the city
94 27 utility from making transfers of surplus as otherwise allowed
94 28 or from making in=kind contributions as otherwise allowed.
94 29 However, a city shall not require that transfers from the city
94 30 utility be in excess of the franchise fee amount imposed upon
94 31 the provider of a similar service unless otherwise agreed.
94 32 Sec. 220. NEW SECTION. 384.3A FRANCHISE FEE ACCOUNT ==
94 33 USE OF FRANCHISE FEE REVENUES.
94 34 1. A city that assesses a franchise fee pursuant to an
94 35 ordinance that is adopted or amended on or after the effective
95 1 date of this division of this Act to increase the percentage
95 2 rate at which franchise fees are assessed under section 364.2,
95 3 subsection 4, paragraph "f", shall establish a franchise fee
95 4 account within the city's general fund. All revenues
95 5 collected by a city pursuant to such an ordinance shall be
95 6 deposited in the account. Interest earned on revenues
95 7 deposited in the account shall remain in the account and be
95 8 used for the purposes specified in this section. Moneys in
95 9 the account are not subject to transfer to any other accounts
95 10 in the city's general fund or to any other funds established
95 11 by a city unless such transfer is for a purpose specified in
95 12 this section.
95 13 2. Moneys in the account shall be used for the purposes of
95 14 inspecting, supervising, and otherwise regulating each
95 15 franchise approved by the city.
95 16 3. Moneys in the account in excess of the amount necessary
95 17 for the purposes specified in subsection 2 shall be expended
95 18 for any of the following:
95 19 a. Property tax relief.
95 20 b. The repair, remediation, restoration, cleanup,
95 21 replacement, and improvement of existing public improvements
95 22 and other publicly owned property, buildings, and facilities.
95 23 c. Projects designed to prevent or mitigate future
95 24 disasters as defined in section 29C.2.
95 25 d. Energy conservation measures for low=income homeowners,
95 26 low=income energy assistance programs, and weatherization
95 27 programs.
95 28 e. Public safety, including the equipping of fire, police,
95 29 emergency services, sanitation, street, and civil defense
95 30 departments.
95 31 f. The establishment, construction, reconstruction,
95 32 repair, equipping, remodeling, and extension of public works,
95 33 public utilities, and public transportation systems.
95 34 g. The construction, reconstruction, or repair of streets,
95 35 highways, bridges, sidewalks, pedestrian underpasses and
96 1 overpasses, street lighting fixtures, and public grounds, and
96 2 the acquisition of real estate needed for such purposes.
96 3 h. Property tax abatements, building permit fee
96 4 abatements, and abatement of other fees for property damaged
96 5 by a disaster as defined in section 29C.2.
96 6 i. Economic development activities and projects.
96 7 Sec. 221. CERTAIN FRANCHISE FEES DECLARED LEGAL. To the
96 8 extent that any amount of franchise fees assessed by and paid
96 9 to a city prior to the effective date of this division of this
96 10 Act, pursuant to a franchise agreement between a city and any
96 11 person to erect, maintain, and operate plants and systems for
96 12 electric light and power, heating, telegraph, district
96 13 telegraph and alarm, motor bus, trolley bus, street railway or
96 14 other public transit, waterworks, or gasworks, exceeds the
96 15 city's reasonable costs of inspecting, supervising, and
96 16 otherwise regulating the franchise, such amount is deemed and
96 17 declared to be authorized and legally assessed by and paid to
96 18 the city.
96 19 Sec. 222. EFFECTIVE DATE. This division of this Act,
96 20 being deemed of immediate importance, takes effect upon
96 21 enactment.
96 22 SF 478
96 23 tm/jp/jh/26