Senate File 538 - Reprinted SENATE FILE 538 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1219) (As Amended and Passed by the Senate June 22, 2011 ) A BILL FOR An Act relating to the finances of state and local government 1 by providing for funding of property tax credits and 2 reimbursements, by making and adjusting appropriations, 3 providing for salaries and compensation of state employees, 4 providing for matters relating to tax credits, providing for 5 fees and penalties, providing for legal responsibilities, 6 and providing for properly related matters, and including 7 effective date and retroactive and other applicability 8 provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 SF 538 (5) 84 tm/jp
S.F. 538 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2011-2012 2 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2012-2013. 3 1. For the budget process applicable to the fiscal year 4 beginning July 1, 2012, on or before October 1, 2011, in lieu 5 of the information specified in section 8.23, subsection 1 , 6 unnumbered paragraph 1, and paragraph “a”, all departments and 7 establishments of the government shall transmit to the director 8 of the department of management, on blanks to be furnished by 9 the director, estimates of their expenditure requirements, 10 including every proposed expenditure, for the ensuing fiscal 11 year, together with supporting data and explanations as called 12 for by the director of the department of management after 13 consultation with the legislative services agency. 14 2. The estimates of expenditure requirements shall be 15 in a form specified by the director of the department of 16 management, and the expenditure requirements shall include all 17 proposed expenditures and shall be prioritized by program or 18 the results to be achieved. The estimates shall be accompanied 19 by performance measures for evaluating the effectiveness of the 20 programs or results. 21 Sec. 2. LIMITATION OF STANDING APPROPRIATIONS. 22 Notwithstanding the standing appropriations in the following 23 designated sections for the fiscal year beginning July 1, 2011, 24 and ending June 30, 2012, the amounts appropriated from the 25 general fund of the state pursuant to these sections for the 26 following designated purposes shall not exceed the following 27 amounts: 28 1. For operational support grants and community cultural 29 grants under section 99F.11, subsection 3 , paragraph “d”, 30 subparagraph (1): 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 32 2. For regional tourism marketing under section 99F.11, 33 subsection 3 , paragraph “d”, subparagraph (2): 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810,306 35 -1- SF 538 (5) 84 tm/jp 1/ 91
S.F. 538 3. For the center for congenital and inherited disorders 1 central registry under section 144.13A, subsection 4 , paragraph 2 “a”: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 171,121 4 4. For primary and secondary child abuse prevention 5 programs under section 144.13A, subsection 4 , paragraph “a”: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 217,772 7 5. For programs for at-risk children under section 279.51 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,728,891 9 The amount of any reduction in this subsection shall be 10 prorated among the programs specified in section 279.51, 11 subsection 1 , paragraphs “a”, “b”, and “c”. 12 6. For payment for nonpublic school transportation under 13 section 285.2 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 15 If total approved claims for reimbursement for nonpublic 16 school pupil transportation exceed the amount appropriated in 17 accordance with this subsection, the department of education 18 shall prorate the amount of each approved claim. 19 7. For reimbursement for the homestead property tax credit 20 under section 425.1 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 22 8. For reimbursement for the family farm and agricultural 23 land tax credits under sections 425A.1 and 426.1 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 25 9. For the enforcement of chapter 453D relating to tobacco 26 product manufacturers under section 453D.8 : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 28 Sec. 3. INSTRUCTIONAL SUPPORT STATE AID —— FY 2011-2012. In 29 lieu of the appropriation provided in section 257.20, 30 subsection 2, the appropriation for the fiscal year 31 beginning July 1, 2011, and ending June 30, 2012, for paying 32 instructional support state aid under section 257.20 for fiscal 33 year 2011-2012 is zero. 34 Sec. 4. Section 256.30, unnumbered paragraph 1, Code 2011, 35 -2- SF 538 (5) 84 tm/jp 2/ 91
S.F. 538 is amended by striking the unnumbered paragraph and inserting 1 in lieu thereof the following: 2 For the fiscal year beginning July 1, 2011, and ending 3 June 30, 2012, and for each succeeding fiscal year, there 4 is appropriated from the general fund of the state to the 5 department the sum of one hundred thousand dollars. The 6 department shall distribute the appropriation to the tribal 7 council of the Sac and Fox Indian settlement for expenses of 8 educating American Indian children residing in the Sac and Fox 9 Indian settlement on land held in trust by the secretary of 10 the interior of the United States in excess of federal moneys 11 paid to the tribal council for educating the American Indian 12 children when moneys are appropriated for that purpose. The 13 tribal council shall administer the moneys distributed pursuant 14 to this section and shall submit an annual report and other 15 reports as required by the department to the department on the 16 expenditure of the moneys. 17 Sec. 5. Section 257.35, Code 2011, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5A. Notwithstanding subsection 1, and in 20 addition to the reduction applicable pursuant to subsection 21 2, the state aid for area education agencies and the portion 22 of the combined district cost calculated for these agencies 23 for the fiscal year beginning July 1, 2011, and ending June 24 30, 2012, shall be reduced by the department of management by 25 twenty million dollars. The reduction for each area education 26 agency shall be prorated based on the reduction that the agency 27 received in the fiscal year beginning July 1, 2003. 28 DIVISION II 29 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2011-2012 30 Sec. 6. APPOINTED STATE OFFICERS. 31 1. The governor shall establish a salary for appointed 32 nonelected persons in the executive branch of state government 33 holding a position enumerated in and within the salary 34 ranges provided in 2008 Iowa Acts, chapter 1191, section 14, 35 -3- SF 538 (5) 84 tm/jp 3/ 91
S.F. 538 by considering, among other items, the experience of the 1 individual in the position, changes in the duties of the 2 position, the incumbent’s performance of assigned duties, and 3 subordinates’ salaries. However, the attorney general shall 4 establish the salary for the consumer advocate, the chief 5 justice of the supreme court shall establish the salary for the 6 state court administrator, the ethics and campaign disclosure 7 board shall establish the salary of the executive director, and 8 the Iowa public broadcasting board shall establish the salary 9 of the administrator of the public broadcasting division of the 10 department of education, each within the salary range provided 11 in 2008 Iowa Acts, chapter 1191, section 14. 12 2. The governor, in establishing salaries as provided in 13 this section, shall take into consideration other employee 14 benefits which may be provided for an individual including but 15 not limited to housing. 16 3. A person whose salary is established pursuant to this 17 section and who is a full-time, year-round employee of the 18 state shall not receive any other remuneration from the state 19 or from any other source for the performance of that person’s 20 duties unless the additional remuneration is first approved by 21 the governor or authorized by law. However, this provision 22 does not exclude the reimbursement for necessary travel and 23 expenses incurred in the performance of duties or fringe 24 benefits normally provided to employees of the state. 25 Sec. 7. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The 26 various state departments, boards, commissions, councils, 27 and agencies, including the state board of regents, for 28 the fiscal year beginning July 1, 2011, and ending June 30, 29 2012, shall provide from available sources pay adjustments, 30 expense reimbursements, and related benefits to fully fund the 31 following: 32 1. The collective bargaining agreement negotiated pursuant 33 to chapter 20 for employees in the blue collar bargaining unit. 34 2. The collective bargaining agreement negotiated pursuant 35 -4- SF 538 (5) 84 tm/jp 4/ 91
S.F. 538 to chapter 20 for employees in the public safety bargaining 1 unit. 2 3. The collective bargaining agreement negotiated pursuant 3 to chapter 20 for employees in the security bargaining unit. 4 4. The collective bargaining agreement negotiated pursuant 5 to chapter 20 for employees in the technical bargaining unit. 6 5. The collective bargaining agreement negotiated pursuant 7 to chapter 20 for employees in the professional fiscal and 8 staff bargaining unit. 9 6. The collective bargaining agreement negotiated pursuant 10 to chapter 20 for employees in the clerical bargaining unit. 11 7. The collective bargaining agreement negotiated pursuant 12 to chapter 20 for employees in the professional social services 13 bargaining unit. 14 8. The collective bargaining agreement negotiated pursuant 15 to chapter 20 for employees in the community-based corrections 16 bargaining unit. 17 9. The collective bargaining agreements negotiated 18 pursuant to chapter 20 for employees in the judicial branch of 19 government bargaining units. 20 10. The collective bargaining agreement negotiated pursuant 21 to chapter 20 for employees in the patient care bargaining 22 unit. 23 11. The collective bargaining agreement negotiated pursuant 24 to chapter 20 for employees in the science bargaining unit. 25 12. The collective bargaining agreement negotiated pursuant 26 to chapter 20 for employees in the university of northern Iowa 27 faculty bargaining unit. 28 13. The collective bargaining agreement negotiated pursuant 29 to chapter 20 for employees in the state university of Iowa 30 graduate student bargaining unit. 31 14. The collective bargaining agreement negotiated pursuant 32 to chapter 20 for employees in the state university of Iowa 33 hospital and clinics tertiary health care bargaining unit. 34 15. The annual pay adjustments, related benefits, and 35 -5- SF 538 (5) 84 tm/jp 5/ 91
S.F. 538 expense reimbursements referred to in the sections of this 1 division of this Act addressing state board of regents 2 employees who are not covered by a collective bargaining 3 agreement. 4 Sec. 8. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 5 the fiscal year beginning July 1, 2011, and ending June 30, 6 2012, funds shall be provided from available sources of the 7 state board of regents for funding of collective bargaining 8 agreements for state board of regents employees covered by 9 such agreements and for the following state board of regents 10 employees not covered by a collective bargaining agreement: 11 1. Regents merit system employees and merit supervisory 12 employees. 13 2. Faculty members and professional and scientific 14 employees. 15 Sec. 9. BONUS PAY. For the fiscal year beginning July 1, 16 2011, and ending June 30, 2012, employees of the executive 17 branch, judicial branch, and legislative branch shall not 18 receive bonus pay unless otherwise authorized by law, required 19 pursuant to a contract of employment entered into before July 20 1, 2011, or required pursuant to a collective bargaining 21 agreement. This section does not apply to employees of the 22 state board of regents. For purposes of this section, “bonus 23 pay” means any additional remuneration provided an employee in 24 the form of a bonus, including but not limited to a retention 25 bonus, recruitment bonus, exceptional job performance pay, 26 extraordinary job performance pay, exceptional performance pay, 27 extraordinary duty pay, or extraordinary or special duty pay, 28 and any extra benefit not otherwise provided to other similarly 29 situated employees. 30 Sec. 10. STATE TROOPER MEAL ALLOWANCE. For the fiscal 31 year beginning July 1, 2011, the sworn peace officers in the 32 department of public safety who are not covered by a collective 33 bargaining agreement negotiated pursuant to chapter 20 shall 34 receive the same per diem meal allowance as the sworn peace 35 -6- SF 538 (5) 84 tm/jp 6/ 91
S.F. 538 officers in the department of public safety who are covered 1 by a collective bargaining agreement negotiated pursuant to 2 chapter 20. 3 Sec. 11. SALARY MODEL ADMINISTRATOR. The salary model 4 administrator shall work in conjunction with the legislative 5 services agency to maintain the state’s salary model used for 6 analyzing, comparing, and projecting state employee salary 7 and benefit information, including information relating to 8 employees of the state board of regents. The department of 9 revenue, the department of administrative services, the five 10 institutions under the jurisdiction of the state board of 11 regents, the judicial district departments of correctional 12 services, and the state department of transportation shall 13 provide salary data to the department of management and the 14 legislative services agency to operate the state’s salary 15 model. The format and frequency of provision of the salary 16 data shall be determined by the department of management and 17 the legislative services agency. The information shall be 18 used in collective bargaining processes under chapter 20 and 19 in calculating the funding needs contained within the annual 20 salary adjustment legislation. A state employee organization 21 as defined in section 20.3, subsection 4, may request 22 information produced by the model, but the information provided 23 shall not contain information attributable to individual 24 employees. 25 DIVISION III 26 PERFORMANCE OF DUTY 27 Sec. 12. Section 7D.10, Code 2011, is amended to read as 28 follows: 29 7D.10 Court costs. 30 If sufficient funds for court costs have not been 31 appropriated to a state department, or if sufficient funds are 32 not otherwise available for such purposes within the budget of 33 a state department, upon authorization by the executive council 34 may pay, out of any money in the state treasury there is 35 -7- SF 538 (5) 84 tm/jp 7/ 91
S.F. 538 appropriated from moneys in the general fund of the state not 1 otherwise appropriated, an amount sufficient to pay expenses 2 incurred, or costs taxed to the state, in any proceeding 3 brought by or against any of the state departments or in which 4 the state is a party or is interested. This section shall 5 not be construed to authorize the payment of travel or other 6 personal expenses of state officers or employees. 7 Sec. 13. Section 7D.10A, as amended by 2011 Iowa Acts, 8 Senate File 478, section 11, as enacted, is amended to read as 9 follows: 10 7D.10A Allocation Payment to livestock remediation fund. 11 If moneys are not sufficient to support the livestock 12 remediation fund as provided in chapter 459, subchapter V , the 13 executive council may allocate from moneys in the general fund 14 of the state, which are not otherwise obligated or encumbered, 15 authorize as an expense paid from the appropriations addressed 16 in section 7D.29 the payment of an amount to the livestock 17 remediation fund as provided under section 459.501 , subsection 18 5 . However, not more than a total of one million dollars shall 19 be allocated shall be paid pursuant to this section to the 20 livestock remediation fund at any time. 21 Sec. 14. Section 7D.29, Code 2011, is amended to read as 22 follows: 23 7D.29 Performance of duty —— expense. 24 1. The executive council shall not employ others, or incur 25 authorize any expense, for the purpose of performing any duty 26 imposed upon the council when the duty may, without neglect of 27 their usual duties, be performed by the members, or by their 28 regular employees, but, subject to this limitation, the council 29 may incur authorize the necessary expense to perform or cause 30 to be performed any legal duty imposed on the council , and pay 31 the same out of any money in the state treasury not otherwise 32 appropriated . The expenses authorized by the executive council 33 in accordance with this section and the expenses authorized 34 by the executive council in accordance with other statutory 35 -8- SF 538 (5) 84 tm/jp 8/ 91
S.F. 538 provisions referencing the appropriations addressed in this 1 section shall be paid as follows: 2 a. From the appropriation made from the Iowa economic 3 emergency fund in section 8.55 for purposes of paying such 4 expenses. 5 b. To the extent the appropriation from the Iowa economic 6 emergency fund described in paragraph “a” is insufficient to 7 pay such expenses, there is appropriated from moneys in the 8 general fund of the state not otherwise appropriated the amount 9 necessary to fund that deficiency. > 10 2. At least two weeks prior to the executive council’s 11 approval of a payment authorization under this section , 12 the secretary of the executive council shall notify the 13 legislative services agency that the authorization request 14 will be considered by the executive council and shall provide 15 background information justifying the request. 16 3. The executive council shall receive requests from the 17 Iowa department of public health relative to the purchase, 18 storing, and distribution of vaccines and medication for 19 prevention, prophylaxis, or treatment. Upon review and after 20 compliance with subsection 2 , the executive council may approve 21 the request and may incur authorize payment of the necessary 22 expense and pay the same out of any money in the state treasury 23 not otherwise appropriated . The expense authorized by the 24 executive council under this subsection shall be paid from the 25 appropriations referred to in subsection 1. 26 Sec. 15. Section 7D.30, Code 2011, is amended to read as 27 follows: 28 7D.30 Necessary record. 29 Before incurring authorizing any expense authorized by in 30 accordance with section 7D.29 , the executive council shall, 31 in each case, by resolution, entered upon its records, set 32 forth the necessity for incurring authorizing such expense, 33 the special fitness of the one employed to perform such work, 34 the definite rate of compensation or salary allowed, and the 35 -9- SF 538 (5) 84 tm/jp 9/ 91
S.F. 538 total amount of money that may be expended. Compensation or 1 salary for personal services in such cases must be determined 2 by unanimous vote of all members of the council. 3 Sec. 16. Section 8.55, subsection 3, paragraph a, Code 2011, 4 is amended to read as follows: 5 a. Except as provided in paragraphs “b” , and “c” , and 6 “0d” , the moneys in the Iowa economic emergency fund shall 7 only be used pursuant to an appropriation made by the general 8 assembly. An appropriation shall only be made for the fiscal 9 year in which the appropriation is made. The moneys shall 10 only be appropriated by the general assembly for emergency 11 expenditures. 12 Sec. 17. Section 8.55, subsection 3, Code 2011, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . 0d. There is appropriated from the Iowa 15 economic emergency fund to the executive council an amount 16 sufficient to pay the expenses authorized by the executive 17 council, as addressed in section 7D.29. 18 Sec. 18. Section 8A.321, subsection 4, Code 2011, is amended 19 to read as follows: 20 4. Contract, with the approval of the executive council, 21 for the repair, remodeling, or, if the condition warrants, 22 demolition of all buildings and grounds of the state at 23 the seat of government, at the state laboratories facility 24 in Ankeny, and the institutions of the department of human 25 services and the department of corrections for which no 26 specific appropriation has been made, if the cost of repair, 27 remodeling, or demolition will not exceed one hundred thousand 28 dollars when completed. The cost of repair projects for which 29 no specific appropriation has been made shall be paid from 30 the fund as an expense authorized by the executive council as 31 provided in section 7D.29 . 32 Sec. 19. Section 8A.321, subsection 6, paragraphs a and b, 33 Code 2011, are amended to read as follows: 34 a. Lease all buildings and office space necessary to 35 -10- SF 538 (5) 84 tm/jp 10/ 91
S.F. 538 carry out the provisions of this subchapter or necessary for 1 the proper functioning of any state agency at the seat of 2 government. For state agencies at the seat of government, the 3 director may lease buildings and office space in Polk county 4 or in a county contiguous to Polk county. If no specific 5 appropriation has been made, the proposed lease shall be 6 submitted to the executive council for approval authorization 7 and if authorized lease expense shall be paid from the 8 appropriations addressed in section 7D.29 . The cost of any 9 lease for which no specific appropriation has been made shall 10 be paid from the fund provided in section 7D.29 . 11 b. When the general assembly is not in session, the director 12 may request moneys an expense authorization from the executive 13 council for moving state agencies located at the seat of 14 government from one location to another. The request may 15 include moving costs, telecommunications costs, repair costs, 16 or any other costs relating to the move. The executive council 17 may approve and shall pay the costs from funds authorize the 18 expenses provided and may authorize the expenses to be paid 19 from the appropriations addressed in section 7D.29 if it 20 determines the agency or department has no available does not 21 have funds available for these expenses. 22 Sec. 20. Section 11.32, as amended by 2011 Iowa Acts, 23 House File 536, section 26, as enacted, is amended to read as 24 follows: 25 11.32 Certified accountants employed. 26 Nothing in this chapter shall prohibit the auditor of state, 27 with the prior written permission of the state executive 28 council, from employing certified public accountants for 29 specific assignments. The auditor of state may employ such 30 accountants for any assignment now expressly reserved to the 31 auditor of state. Payments, after approval by the executive 32 council, will shall be made to the accountants so employed from 33 funds from which the auditor of state would have been paid had 34 the auditor of state performed the assignment, or if no such 35 -11- SF 538 (5) 84 tm/jp 11/ 91
S.F. 538 specific funds are indicated not available , then payment will 1 be made from the funds of authorization of the expense by the 2 executive council shall be requested, and if authorized shall 3 be paid from the appropriations addressed in section 7D.29 . 4 Sec. 21. Section 13.3, Code 2011, is amended to read as 5 follows: 6 13.3 Disqualification —— substitute. 7 1. If, for any reason, the attorney general be is 8 disqualified from appearing in any action or proceeding, the 9 executive council shall appoint some authorize the appointment 10 of a suitable person for that purpose and defray the . There 11 is appropriated from moneys in the general fund not otherwise 12 appropriated an amount necessary to pay the reasonable expense 13 thereof from any unappropriated funds in the state treasury for 14 the person appointed . The department involved in the action or 15 proceeding shall be requested to recommend a suitable person 16 to represent the department and when the executive council 17 concurs in the recommendation, the person recommended shall be 18 appointed. 19 2. If the governor or a department is represented by an 20 attorney other than the attorney general in a court proceeding 21 as provided in this section , at the conclusion of the court 22 proceedings, the court shall review the fees charged to the 23 state to determine if the fees are fair and reasonable. The 24 executive council shall not reimburse authorize reimbursement 25 of attorney fees in excess of those determined by the court to 26 be fair and reasonable. 27 Sec. 22. Section 13.7, Code 2011, is amended to read as 28 follows: 29 13.7 Special counsel. 30 Compensation shall not be allowed to any person for services 31 as an attorney or counselor to an executive department of 32 the state government, or the head thereof of an executive 33 department of state government , or to a state board or 34 commission. However, the executive council may employ 35 -12- SF 538 (5) 84 tm/jp 12/ 91
S.F. 538 authorize employment of legal assistance, at a reasonable 1 compensation, in a pending action or proceeding to protect the 2 interests of the state, but only upon a sufficient showing, 3 in writing, made by the attorney general, that the department 4 of justice cannot for reasons stated by the attorney general 5 perform the service , which . The reasons and action of the 6 council shall be entered upon its records. When If the 7 attorney general determines that the department of justice 8 cannot perform legal service in an action or proceeding, 9 the executive council shall request the department involved 10 in the action or proceeding to recommend legal counsel to 11 represent the department. If the attorney general concurs with 12 the department that the person recommended is qualified and 13 suitable to represent the department, the person recommended 14 shall be employed. If the attorney general does not concur 15 in the recommendation, the department shall submit a new 16 recommendation. This section does not affect the general 17 counsel for the utilities board of the department of commerce, 18 the legal counsel of the department of workforce development, 19 or the general counsel for the property assessment appeal 20 board. 21 Sec. 23. Section 29A.27, unnumbered paragraph 8, Code 2011, 22 is amended to read as follows: 23 All payments herein provided for under this section shall 24 be paid on the approval of the adjutant general from the 25 contingent fund of the executive council created in section 26 29C.20 . 27 Sec. 24. Section 29C.8, subsection 3, paragraph f, 28 subparagraph (3), Code 2011, is amended to read as follows: 29 (3) Upon notification of a compensable loss to a member of 30 a homeland security and emergency management response team, the 31 department of administrative services shall process the claim 32 and seek funding authorization from the executive council for 33 to pay as an expense paid from the appropriations addressed in 34 section 7D.29 those costs associated with covered benefits. 35 -13- SF 538 (5) 84 tm/jp 13/ 91
S.F. 538 Sec. 25. Section 29C.20, subsection 1, paragraph a, 1 unnumbered paragraph 1, Code 2011, is amended to read as 2 follows: 3 A contingent fund is created in the state treasury for the 4 use of the executive council which . Funding for the contingent 5 fund, if authorized by the executive council, shall be paid 6 from the appropriations addressed in section 7D.29. Moneys in 7 the contingent fund may be expended for the following purposes: 8 Sec. 26. Section 96.13, subsection 3, paragraph c, Code 9 2011, is amended to read as follows: 10 c. The department may appear before the executive council 11 and request funds authorization of moneys to meet unanticipated 12 emergencies as an expense from the appropriations addressed in 13 section 7D.29 . 14 Sec. 27. Section 135.143, subsection 5, Code 2011, is 15 amended to read as follows: 16 5. Upon notification of a compensable loss, the department 17 of administrative services shall seek funding authorization 18 from the executive council for to pay as an expense from 19 the appropriations addressed in section 7D.29 those costs 20 associated with covered workers’ compensation benefits. 21 Sec. 28. Section 135.144, subsection 11, Code 2011, is 22 amended to read as follows: 23 11. If a public health disaster or other public health 24 emergency situation exists which poses an imminent threat 25 to the public health, safety, and welfare, the department, 26 in conjunction with the governor, may provide financial 27 assistance, from funds appropriated to the department that 28 are not otherwise encumbered, to political subdivisions as 29 needed to alleviate the disaster or the emergency. If the 30 department does not have sufficient unencumbered funds, the 31 governor may request that the executive council , pursuant to 32 the authority of section 7D.29 , commit sufficient funds, to 33 authorize the payment of up to one million dollars , that are 34 not otherwise encumbered from the general fund, as needed and 35 -14- SF 538 (5) 84 tm/jp 14/ 91
S.F. 538 available, for as an expense from the appropriations addressed 1 in section 7D.29 to alleviate the disaster or the emergency. 2 If additional financial assistance is required in excess of one 3 million dollars, approval by the legislative council is also 4 required. 5 Sec. 29. Section 163.3A, subsection 4, paragraph b, Code 6 2011, is amended to read as follows: 7 b. The department shall provide and update a list of 8 the registered members of each emergency response team, 9 including the members’ names and identifying information, to 10 the department of administrative services. Upon notification 11 of a compensable loss suffered by a registered member, the 12 department of administrative services shall seek funding 13 authorization from the executive council for to pay as an 14 expense from the appropriations addressed in section 7D.29 15 those costs associated with covered benefits. 16 Sec. 30. Section 163.10, Code 2011, is amended to read as 17 follows: 18 163.10 Quarantining or destroying animals. 19 The department may quarantine or destroy any animal exposed 20 to or afflicted with an infectious or contagious disease. 21 However, cattle exposed to or infected with tuberculosis shall 22 not be destroyed without the owner’s consent, unless there are 23 sufficient moneys to reimburse the owner for the cattle, which 24 may be paid from the appropriation as an expense authorized as 25 provided in section 163.15 , from moneys in the brucellosis and 26 tuberculosis eradication fund created in section 165.18 , or 27 from moneys made available by the United States department of 28 agriculture. 29 Sec. 31. Section 163.15, subsection 2, paragraph a, 30 subparagraph (3), Code 2011, is amended to read as follows: 31 (3) A claim for an indemnity by the owner and a claim for 32 compensation and expenses by the appraisers shall be filed with 33 the department and submitted by the secretary of agriculture 34 to the executive council for its approval or disapproval 35 -15- SF 538 (5) 84 tm/jp 15/ 91
S.F. 538 authorization of payment of the claim as an expense from the 1 appropriations addressed in section 7D.29 . 2 Sec. 32. Section 163.15, subsection 2, paragraph a, 3 subparagraph (4), Code 2011, is amended by striking the 4 subparagraph. 5 Sec. 33. Section 163.15, subsection 2, paragraph b, 6 unnumbered paragraph 1, Code 2011, is amended to read as 7 follows: 8 A formula established by rule adopted by the department that 9 is effective as determined by the department in accordance 10 with chapter 17A and applicable upon approval of the plan 11 program of eradication approved by the executive council. 12 The formula shall be applicable to indemnify owners if the 13 executive council, upon recommendation by the secretary of 14 agriculture, determines that an animal population in this state 15 is threatened with infection from an exceptionally contagious 16 disease. 17 Sec. 34. Section 163.15, subsection 2, paragraph b, 18 subparagraph (4), Code 2011, is amended to read as follows: 19 (4) Upon approval by the The executive council , there is 20 appropriated to the department from any moneys in the general 21 fund of the state not otherwise appropriated moneys sufficient 22 to carry out the may authorize payment under the provisions 23 of this paragraph “b” as an expense from the appropriations 24 addressed in section 7D.29 . 25 Sec. 35. Section 307.45, subsection 3, Code 2011, is amended 26 to read as follows: 27 3. Assessments against property owned by the state and 28 not under the jurisdiction and control of the department’s 29 administrator of highways shall be made in the same manner 30 as those made against private property and payment shall be 31 made subject to authorization by the executive council from 32 any funds of the state not otherwise appropriated . There is 33 appropriated from moneys in the general fund not otherwise 34 appropriated an amount necessary to pay the expense authorized 35 -16- SF 538 (5) 84 tm/jp 16/ 91
S.F. 538 by the executive council. 1 Sec. 36. Section 384.56, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. Cities may assess the cost of a public improvement which 4 extends through, abuts upon, or is adjacent to lands owned 5 by the state, and the executive council shall pay payment 6 for the assessable portion of the cost of the improvement 7 through or along the lands as provided shall be subject to 8 authorization by the executive council . The executive council 9 shall pay assessments as and payable in the manner provided 10 in section 307.45 for property owned by the state and not 11 under the jurisdiction and control of the state department of 12 transportation . 13 Sec. 37. Section 459.501, subsection 5, as amended by 2011 14 Iowa Acts, Senate File 478, section 1, as enacted, is amended 15 to read as follows: 16 5. The following shall apply to moneys in the fund: 17 a. (1) The executive council may allocate moneys from the 18 general fund of the state as authorize payment of moneys as 19 an expense paid from the appropriations addressed in section 20 7D.29 and in the manner provided in section 7D.10A in an amount 21 necessary to support the fund, including the following: 22 (a) The payment of claims as provided in section 459.505 . 23 (b) The allocation of moneys to the department of 24 agriculture and land stewardship for the payment of expenses 25 incurred by the department of agriculture and land stewardship 26 associated with providing for the sustenance and disposition of 27 livestock pursuant to chapter 717 . 28 (2) Notwithstanding subparagraph (1), the allocation of 29 moneys from the general fund of the state executive council’s 30 authorization for payment shall be made provided only if the 31 amount of moneys in the fund, which are not obligated or 32 encumbered, and not counting the department’s estimate of the 33 cost to the fund for pending or unsettled claims, the amount 34 to be allocated to the department of agriculture and land 35 -17- SF 538 (5) 84 tm/jp 17/ 91
S.F. 538 stewardship, and any amount required to be credited to the 1 general fund of the state under this subsection , is less than 2 one million dollars. 3 b. The department of natural resources shall credit an 4 amount to the general fund of the state from which the expense 5 authorized by the executive council as provided in paragraph 6 “a” was appropriated which is equal to an amount allocated to 7 support the livestock remediation fund by the executive council 8 under paragraph “a” . The However, the department shall only be 9 required to credit the moneys to the general such fund of the 10 state if the moneys in the livestock remediation fund which are 11 not obligated or encumbered, and not counting the department’s 12 estimate of the cost to the livestock remediation fund for 13 pending or unsettled claims, the amount to be allocated to the 14 department of agriculture and land stewardship, and any amount 15 required to be transferred to the general fund under from which 16 appropriated as described in this paragraph, are in excess of 17 two million five hundred thousand dollars. The department is 18 not required to credit the total amount to the general fund 19 of the state from which appropriated as described in this 20 paragraph during any one fiscal year. 21 Sec. 38. Section 468.43, unnumbered paragraph 4, Code 2011, 22 is amended to read as follows: 23 The assessments against lands under the jurisdiction 24 of the department of natural resources shall be paid as an 25 expense from the appropriations addressed in section 7D.29, 26 if authorized by the executive council upon certification of 27 the amount by the county treasurer. There is appropriated 28 from any funds in the general fund of the state not otherwise 29 appropriated amounts sufficient to pay the certified 30 assessments. 31 Sec. 39. Section 568.16, Code 2011, is amended to read as 32 follows: 33 568.16 Purchase money refunded. 34 If the grantee of the state, or the grantee’s successors, 35 -18- SF 538 (5) 84 tm/jp 18/ 91
S.F. 538 administrators, or assigns, shall be deprived of the land 1 conveyed by the state under this chapter by the final decree 2 of a court of record for the reason that the conveyance by the 3 state passed no title whatever to the land therein did not pass 4 title to the land described, because title thereto to the land 5 had previously for any reason been vested in others, then the 6 money so paid by the state for the said land shall be refunded 7 by the state to the person or persons entitled thereto to the 8 refund , provided the said grantee, or the grantee’s successors, 9 administrators, or assigns, shall file a certified copy of 10 the transcript of the said final decree with the executive 11 council within one year from the date of the issuance of 12 such decree, and shall also file satisfactory proof with the 13 executive council that the action over the title to the land 14 was commenced within ten years from the date of the issuance of 15 patent or deed by the state. The amount of money to be refunded 16 under the provisions of this section shall be certified 17 authorized and paid by the executive council to the director 18 of the department of administrative services, who shall draw a 19 warrant therefor, and the same shall be paid out of the general 20 fund as an expense from the appropriations addressed in section 21 7D.29 . 22 Sec. 40. Section 602.10133, Code 2011, is amended to read 23 as follows: 24 602.10133 Costs and expenses. 25 The court costs incident to such proceedings , and the 26 reasonable expense of said the judges in attending said the 27 hearing after being approved by the supreme court shall be paid 28 as court costs an expense authorized by the executive council 29 from the appropriations addressed in section 7D.29 . 30 Sec. 41. Section 663.44, Code 2011, is amended to read as 31 follows: 32 663.44 Costs. 33 1. If the plaintiff is discharged, the costs shall be 34 assessed to the defendant, unless the defendant is an officer 35 -19- SF 538 (5) 84 tm/jp 19/ 91
S.F. 538 holding the plaintiff in custody under a commitment, or under 1 other legal process, in which case the costs shall be assessed 2 to the county. If the plaintiff’s application is refused, 3 the costs shall be assessed against the plaintiff, and, in 4 the discretion of the court, against the person who filed the 5 petition in the plaintiff’s behalf. 6 2. However, where Notwithstanding subsection 1, if 7 the plaintiff is confined in any state institution , and is 8 discharged in habeas corpus proceedings, or where if the habeas 9 corpus proceedings fail , and costs and fees cannot be collected 10 from the person liable to pay the same costs and fees , such 11 the costs and fees shall be paid by the county in which such 12 state institution is located. The facts of such payment and 13 the proceedings on which it is based, with a statement of the 14 amount of fees or costs incurred, with approval in writing by 15 the presiding judge appended to such the statement or endorsed 16 thereon on the statement , shall then be certified by the clerk 17 of the district court under the seal of office to the state 18 executive council. The executive council shall then review 19 the proceedings and authorize reimbursement for all such fees 20 and costs or such part thereof of the fees and costs as the 21 executive council shall find finds justified, and shall notify 22 the director of the department of administrative services to 23 draw a warrant to such county treasurer on the state general 24 fund for the amount authorized. There is appropriated from 25 moneys in the general fund not otherwise appropriated an 26 amount necessary to pay the reimbursement authorized by the 27 executive council. The costs and fees referred to above shall 28 include any award of fees made to a court appointed attorney 29 representing an indigent party bringing the habeas corpus 30 action. 31 DIVISION IV 32 STANDING APPROPRIATIONS AND RELATED MATTERS —— FY 2012-2013 33 Sec. 42. BUDGET PROCESS FOR FISCAL YEAR 2013-2014. 34 1. For the budget process applicable to the fiscal year 35 -20- SF 538 (5) 84 tm/jp 20/ 91
S.F. 538 beginning July 1, 2013, on or before October 1, 2012, in lieu 1 of the information specified in section 8.23, subsection 1 , 2 unnumbered paragraph 1, and paragraph “a”, all departments and 3 establishments of the government shall transmit to the director 4 of the department of management, on blanks to be furnished by 5 the director, estimates of their expenditure requirements, 6 including every proposed expenditure, for the ensuing fiscal 7 year, together with supporting data and explanations as called 8 for by the director of the department of management after 9 consultation with the legislative services agency. 10 2. The estimates of expenditure requirements shall be 11 in a form specified by the director of the department of 12 management, and the expenditure requirements shall include all 13 proposed expenditures and shall be prioritized by program or 14 the results to be achieved. The estimates shall be accompanied 15 by performance measures for evaluating the effectiveness of the 16 programs or results. 17 Sec. 43. LIMITATION OF STANDING APPROPRIATIONS. 18 Notwithstanding the standing appropriations in the following 19 designated sections for the fiscal year beginning July 1, 2012, 20 and ending June 30, 2013, the amounts appropriated from the 21 general fund of the state pursuant to these sections for the 22 following designated purposes shall not exceed the following 23 amounts: 24 1. For operational support grants and community cultural 25 grants under section 99F.11, subsection 3 , paragraph “d”, 26 subparagraph (1): 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 28 2. For regional tourism marketing under section 99F.11, 29 subsection 3 , paragraph “d”, subparagraph (2): 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,153 31 3. For the center for congenital and inherited disorders 32 central registry under section 144.13A, subsection 4 , paragraph 33 “a”: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,560 35 -21- SF 538 (5) 84 tm/jp 21/ 91
S.F. 538 4. For primary and secondary child abuse prevention 1 programs under section 144.13A, subsection 4 , paragraph “a”: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 108,886 3 5. For programs for at-risk children under section 279.51 : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,728,891 5 The amount of any reduction in this subsection shall be 6 prorated among the programs specified in section 279.51, 7 subsection 1 , paragraphs “a”, “b”, and “c”. 8 6. For payment for nonpublic school transportation under 9 section 285.2 : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,530,465 11 If total approved claims for reimbursement for nonpublic 12 school pupil transportation exceed the amount appropriated in 13 accordance with this subsection, the department of education 14 shall prorate the amount of each approved claim. 15 7. For reimbursement for the homestead property tax credit 16 under section 425.1 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,188,387 18 8. For reimbursement for the family farm and agricultural 19 land tax credits under sections 425A.1 and 426.1 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,395,131 21 9. For the enforcement of chapter 453D relating to tobacco 22 product manufacturers under section 453D.8 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 24 Sec. 44. INSTRUCTIONAL SUPPORT STATE AID —— FY 25 2012-2013. In lieu of the appropriation provided in section 26 257.20, subsection 2, the appropriation for the fiscal year 27 beginning July 1, 2012, and ending June 30, 2013, for paying 28 instructional support state aid under section 257.20 for fiscal 29 year 2012-2013 is zero. 30 DIVISION V 31 SALARIES, COMPENSATION, AND RELATED MATTERS —— FY 2012-2013 32 Sec. 45. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The 33 various state departments, boards, commissions, councils, 34 and agencies, including the state board of regents, for 35 -22- SF 538 (5) 84 tm/jp 22/ 91
S.F. 538 the fiscal year beginning July 1, 2012, and ending June 30, 1 2013, shall provide from available sources pay adjustments, 2 expense reimbursements, and related benefits to fully fund the 3 following: 4 1. The collective bargaining agreement negotiated pursuant 5 to chapter 20 for employees in the blue collar bargaining unit. 6 2. The collective bargaining agreement negotiated pursuant 7 to chapter 20 for employees in the public safety bargaining 8 unit. 9 3. The collective bargaining agreement negotiated pursuant 10 to chapter 20 for employees in the security bargaining unit. 11 4. The collective bargaining agreement negotiated pursuant 12 to chapter 20 for employees in the technical bargaining unit. 13 5. The collective bargaining agreement negotiated pursuant 14 to chapter 20 for employees in the professional fiscal and 15 staff bargaining unit. 16 6. The collective bargaining agreement negotiated pursuant 17 to chapter 20 for employees in the clerical bargaining unit. 18 7. The collective bargaining agreement negotiated pursuant 19 to chapter 20 for employees in the professional social services 20 bargaining unit. 21 8. The collective bargaining agreement negotiated pursuant 22 to chapter 20 for employees in the community-based corrections 23 bargaining unit. 24 9. The collective bargaining agreements negotiated 25 pursuant to chapter 20 for employees in the judicial branch of 26 government bargaining units. 27 10. The collective bargaining agreement negotiated pursuant 28 to chapter 20 for employees in the patient care bargaining 29 unit. 30 11. The collective bargaining agreement negotiated pursuant 31 to chapter 20 for employees in the science bargaining unit. 32 12. The collective bargaining agreement negotiated pursuant 33 to chapter 20 for employees in the university of northern Iowa 34 faculty bargaining unit. 35 -23- SF 538 (5) 84 tm/jp 23/ 91
S.F. 538 13. The collective bargaining agreement negotiated pursuant 1 to chapter 20 for employees in the state university of Iowa 2 graduate student bargaining unit. 3 14. The collective bargaining agreement negotiated pursuant 4 to chapter 20 for employees in the state university of Iowa 5 hospital and clinics tertiary health care bargaining unit. 6 15. The annual pay adjustments, related benefits, and 7 expense reimbursements referred to in the sections of this 8 division of this Act addressing state board of regents 9 employees who are not covered by a collective bargaining 10 agreement. 11 Sec. 46. STATE EMPLOYEES —— STATE BOARD OF REGENTS. For 12 the fiscal year beginning July 1, 2012, and ending June 30, 13 2013, funds shall be provided from available sources of the 14 state board of regents for funding of collective bargaining 15 agreements for state board of regents employees covered by 16 such agreements and for the following state board of regents 17 employees not covered by a collective bargaining agreement: 18 1. Regents merit system employees and merit supervisory 19 employees. 20 2. Faculty members and professional and scientific 21 employees. 22 Sec. 47. BONUS PAY. For the fiscal year beginning July 23 1, 2012, and ending June 30, 2013, employees of the executive 24 branch, judicial branch, and legislative branch shall not 25 receive bonus pay unless otherwise authorized by law, required 26 pursuant to a contract of employment entered into before July 27 1, 2012, or required pursuant to a collective bargaining 28 agreement. This section does not apply to employees of the 29 state board of regents. For purposes of this section, “bonus 30 pay” means any additional remuneration provided an employee in 31 the form of a bonus, including but not limited to a retention 32 bonus, recruitment bonus, exceptional job performance pay, 33 extraordinary job performance pay, exceptional performance pay, 34 extraordinary duty pay, or extraordinary or special duty pay, 35 -24- SF 538 (5) 84 tm/jp 24/ 91
S.F. 538 and any extra benefit not otherwise provided to other similarly 1 situated employees. 2 Sec. 48. STATE TROOPER MEAL ALLOWANCE. For the fiscal 3 year beginning July 1, 2012, the sworn peace officers in the 4 department of public safety who are not covered by a collective 5 bargaining agreement negotiated pursuant to chapter 20 shall 6 receive the same per diem meal allowance as the sworn peace 7 officers in the department of public safety who are covered 8 by a collective bargaining agreement negotiated pursuant to 9 chapter 20. 10 Sec. 49. SALARY MODEL ADMINISTRATOR. The salary model 11 administrator shall work in conjunction with the legislative 12 services agency to maintain the state’s salary model used for 13 analyzing, comparing, and projecting state employee salary 14 and benefit information, including information relating to 15 employees of the state board of regents. The department of 16 revenue, the department of administrative services, the five 17 institutions under the jurisdiction of the state board of 18 regents, the judicial district departments of correctional 19 services, and the state department of transportation shall 20 provide salary data to the department of management and the 21 legislative services agency to operate the state’s salary 22 model. The format and frequency of provision of the salary 23 data shall be determined by the department of management and 24 the legislative services agency. The information shall be 25 used in collective bargaining processes under chapter 20 and 26 in calculating the funding needs contained within the annual 27 salary adjustment legislation. A state employee organization 28 as defined in section 20.3, subsection 4, may request 29 information produced by the model, but the information provided 30 shall not contain information attributable to individual 31 employees. 32 DIVISION VI 33 CORRECTIVE PROVISIONS 34 Sec. 50. Section 8.6, subsection 9A, as enacted by 2011 Iowa 35 -25- SF 538 (5) 84 tm/jp 25/ 91
S.F. 538 Acts, House File 45, section 39, is amended to read as follows: 1 9A. Budget and tax rate databases. To develop and make 2 available to the public a searchable budget database and 3 internet site as required under chapter 8G, division subchapter 4 I , and to develop and make available to the public a searchable 5 tax rate database and internet site as required under chapter 6 8G, division subchapter II . 7 Sec. 51. Section 8.57E, subsection 3, paragraph a, as 8 enacted by 2011 Iowa Acts, Senate File 209, section 30, is 9 amended to read as follows: 10 a. Moneys in the taxpayer’s taxpayers trust fund may be 11 used for cash flow purposes during a fiscal year provided that 12 any moneys so allocated are returned to the fund by the end of 13 that fiscal year. 14 Sec. 52. Section 8G.13, as enacted by 2011 Iowa Acts, House 15 File 45, section 50, is amended to read as follows: 16 8G.13 Updating database. 17 To facilitate the department of management’s efforts in 18 creating and maintaining a searchable database of the taxes 19 identified in section 8G.12, subsection 3 1 , for all taxing 20 jurisdictions in the state, each taxing jurisdiction may 21 annually be required to report its tax rates to the department 22 of management or the department of revenue and shall report any 23 changes to its tax rates within thirty days of the change. 24 Sec. 53. Section 16.193, subsection 3, paragraph a, Code 25 2011, as amended by 2011 Iowa Acts, Senate File 475, section 26 11, is amended to read as follows: 27 a. During the term of the Iowa jobs program and Iowa jobs 28 II program, the Iowa finance authority shall collect data on 29 all of the projects approved for the program programs . The 30 department of management and the state agencies associated 31 with the projects shall assist the authority with the data 32 collection and in developing the report required by this 33 subsection . The authority shall report quarterly to the 34 governor and the general assembly concerning the data. 35 -26- SF 538 (5) 84 tm/jp 26/ 91
S.F. 538 Sec. 54. Section 68A.401, subsection 4, Code 2011, as 1 amended by 2011 Iowa Acts, Senate File 475, section 17, is 2 amended to read as follows: 3 4. Political committees expressly advocating the 4 nomination, election, or defeat of candidates for both 5 federal office and any elected office created by law or the 6 Constitution of the State of Iowa shall file statements and 7 reports with the board in addition to any federal reports 8 required to be filed with the board. However, a political 9 committee that is registered and filing full disclosure 10 reports of all financial activities with the federal election 11 commission may file verified statements as provided in section 12 68B.201A 68A.201A . 13 Sec. 55. Section 139A.19, subsection 3, as enacted by 2011 14 Iowa Acts, House File 467, section 20, is amended to read as 15 follows: 16 3. This section does not preclude a hospital, clinic, other 17 health facility, or a health care provider from providing 18 notification to a care provider under circumstances in 19 which the hospital’s, clinic’s, other health facility’s, or 20 health care provider’s policy provides for notification of 21 the hospital’s, clinics clinic’s , other health facility’s, 22 or health care provider’s own employees of exposure to a 23 contagious or infectious disease that is not life-threatening 24 if the notice does not reveal a patient’s name, unless the 25 patient consents. 26 Sec. 56. Section 175.3, subsection 1, paragraph a, Code 27 2011, as amended by 2011 Iowa Acts, Senate File 429, section 1, 28 is amended to read as follows: 29 a. The agricultural development authority is established 30 within the department of agriculture and land stewardship. The 31 agency authority is constituted as a public instrumentality 32 and agency of the state exercising public and essential 33 governmental functions. 34 Sec. 57. Section 207.22, subsection 3, paragraph b, Code 35 -27- SF 538 (5) 84 tm/jp 27/ 91
S.F. 538 2011, as amended by 2011 Iowa Acts, Senate File 475, section 1 47, is amended to read as follows: 2 b. Acquisition of coal refuse disposal sites and all 3 coal refuse thereon will serve the purposes of Tit. IV of 4 Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, 5 subch. IV, or that public ownership is desirable to meet 6 emergency situations and prevent recurrences of the adverse 7 effect of past coal mining practices. 8 Sec. 58. Section 232.71D, subsection 3, paragraph a, 9 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, House 10 File 562, section 3, is amended to read as follows: 11 Unless any of the circumstances listed in paragraph “b” are 12 applicable, cases to which any of the following circumstances 13 apply shall not be placed on in the central registry: 14 Sec. 59. Section 256.7, subsection 26, paragraph a, 15 subparagraph (1), as enacted by 2011 Iowa Acts, Senate File 16 453, section 1, is amended to read as follows: 17 (1) The rules establishing high school graduation 18 requirements shall authorize a school district or 19 accredited nonpublic school to consider that any student who 20 satisfactorily completes a high school-level unit of English 21 or language arts, mathematics, science, or social studies has 22 satisfactorily completed a unit of the high school graduation 23 requirements for that area as specified in this lettered 24 paragraph, and to shall authorize the school district or 25 accredited nonpublic school to issue high school credit for the 26 unit to the student. 27 Sec. 60. Section 321.34, subsection 20C, paragraph a, 28 if enacted by 2011 Iowa Acts, House File 651, section 2, is 29 amended to read as follows: 30 a. The department, in consultation with the adjutant 31 general, shall design combat infantryman badge, combat action 32 badge, combat action ribbon, air force combat action medal, 33 and combat medical badge distinguishing processed emblems. 34 Upon receipt of two hundred fifty orders for special combat 35 -28- SF 538 (5) 84 tm/jp 28/ 91
S.F. 538 infantryman badge, combat action badge, combat action ribbon, 1 air force combat action medal, or combat medical badge special 2 registration plates, accompanied by a start-up fee of twenty 3 dollars per order, the department shall begin issuing special 4 registration plates with the applicable distinguishing 5 processed emblem as provided in paragraphs “b” and “c” . The 6 minimum order requirement shall apply separately to each of the 7 special registration plates created under this subsection. 8 Sec. 61. Section 321.34, subsection 25, paragraph a, if 9 enacted by 2011 Iowa Acts, House File 651, section 2, is 10 amended to read as follows: 11 a. The department, in consultation with the adjutant 12 general, shall design a civil war sesquicentennial 13 distinguishing processed emblem. Upon receipt of two hundred 14 fifty orders for special civil war sesquicentennial special 15 registration plates, accompanied by a start-up fee of twenty 16 dollars per order, the department shall begin issuing special 17 registration plates with a civil war sesquicentennial processed 18 emblem as provided in paragraph “b” . 19 Sec. 62. Section 327B.5, Code 2011, is amended to read as 20 follows: 21 327B.5 Penalty. 22 Any person violating the provisions of this chapter shall, 23 upon conviction, be subject to a scheduled fine as provided in 24 section 805.8A, subsection 13 , paragraphs paragraph “f” and “g” . 25 Sec. 63. Section 422.11O, subsection 5, paragraph a, 26 subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 27 531, section 17, is amended to read as follows: 28 (2) The E-15 plus gasoline promotion tax credit pursuant to 29 section 422.11Y. 30 Sec. 64. Section 422.11Y, subsection 1, paragraph d, if 31 enacted by 2011 Iowa Acts, Senate File 531, section 35, is 32 amended to read as follows: 33 d. “Tax credit” means the E-15 plus gasoline promotion tax 34 credit as provided in this section. 35 -29- SF 538 (5) 84 tm/jp 29/ 91
S.F. 538 Sec. 65. Section 422.11Y, subsection 3, unnumbered 1 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 531, 2 section 35, is amended to read as follows: 3 The taxes imposed under this division, less the credits 4 allowed under section 422.12, shall be reduced by the amount of 5 the E-15 plus gasoline promotion tax credit for each tax year 6 that the taxpayer is eligible to claim a tax credit under this 7 subsection. 8 Sec. 66. Section 422.11Y, subsection 6, paragraph b, 9 subparagraph (2), if enacted by 2011 Iowa Acts, Senate File 10 531, section 35, is amended to read as follows: 11 (2) The retail dealer may claim the ethanol promotion 12 tax credit as provided in paragraph “a” for the same ethanol 13 gallonage used to calculate and claim the E-15 plus gasoline 14 promotion tax credit. 15 Sec. 67. Section 423.4, subsection 9, unnumbered paragraph 16 1, if enacted by 2011 Iowa Acts, Senate File 531, section 59, 17 is amended to read as follows: 18 A person who qualifies as a biodiesel producer as provided in 19 this subsection may apply to the director for a refund of the 20 amount of the sales or use tax imposed and paid upon purchases 21 made by the person. 22 Sec. 68. Section 483A.24A, Code 2011, as amended by 2011 23 Iowa Acts, Senate File 194, section 10, is amended to read as 24 follows: 25 483A.24A License refunds —— military service. 26 Notwithstanding any provision of this chapter to the 27 contrary, a service member deployed for military service, both 28 as defined in section 29A.1, subsection 3 , shall receive a 29 refund of that portion of any license fee paid by the service 30 member representing the service member’s period of military 31 service. 32 Sec. 69. Section 501.101, subsection 01, as enacted by 2011 33 Iowa Acts, House File 348, section 7, is amended to read as 34 follows: 35 -30- SF 538 (5) 84 tm/jp 30/ 91
S.F. 538 01. “Alternative voting method” means a method of voting 1 other than a written ballot, including voting by electronic, 2 telephonic, internet, or other means that reasonably allow 3 allows members the opportunity to vote. 4 Sec. 70. Section 501A.703, subsection 5, paragraph d, Code 5 2011, as amended by 2011 Iowa Acts, House File 348, section 19, 6 is amended to read as follows: 7 d. If the ballot of the member is received by the 8 cooperative on or before the date of the regular members’ 9 meeting or as otherwise prescribed for an alternative , voting 10 method, the ballot or alternative voting method shall be 11 accepted and counted as the vote of the absent member. 12 Sec. 71. Section 511.8, subsection 22, paragraph i, 13 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, Senate 14 File 406, section 25, is amended to read as follows: 15 Securities held in the legal reserve of a life insurance 16 company or association pledged as collateral for financial 17 instruments used in highly effective hedging transactions as 18 defined in the national association of insurance commissioners’ 19 Statement statement of Statutory Accounting Principles No. 20 statutory accounting principles no. 86 shall continue to 21 be eligible for inclusion on in the legal reserve of the 22 life insurance company or association subject to all of the 23 following: 24 Sec. 72. Section 514J.109, subsection 3, paragraph f, 25 if enacted by 2011 Iowa Acts, House File 597, section 9, is 26 amended to read as follows: 27 f. The covered person or the covered person’s authorized 28 representative has provided all the information and forms 29 required by the commissioner that are necessary to process an 30 external review request pursuant to this section. 31 Sec. 73. Section 521F.4, subsection 1, paragraph b, as 32 enacted by 2011 Iowa Acts, Senate File 406, section 44, is 33 amended to read as follows: 34 b. The filing of a risk-based capital report by a health 35 -31- SF 538 (5) 84 tm/jp 31/ 91
S.F. 538 organization which indicates that the health organization has 1 total adjusted capital which is greater than or equal to its 2 company-action-level risk-based capital but less than the 3 product of its authorized-control-level risk-based capital and 4 three and triggers the trend test determined in accordance with 5 the trend test calculations calculation included in the health 6 risk-based capital instructions. 7 Sec. 74. Section 524.310, subsection 5, paragraph b, Code 8 2011, as amended by 2011 Iowa Acts, Senate File 475, section 9 120, is amended to read as follows: 10 b. A corporate or company name reserved, registered, or 11 protected as provided in section 489.109, 490.402 , 490.403 , 12 490A.402 , 504.402 , or 504.403 . 13 Sec. 75. Section 717.3, subsection 5, paragraph b, Code 14 2011, as enacted by 2011 Iowa Acts, Senate File 478, section 6, 15 is amended to read as follows: 16 b. That the department shall assume supervision of and 17 provide for the sustenance of the livestock and as provided in 18 section 717.4. 19 Sec. 76. Section 717.4, subsection 2, as enacted by 2011 20 Iowa Acts, Senate File 478, section 7, is amended to read as 21 follows: 22 2. The court ordered lien shall be for the benefit of the 23 department. The amount of the lien shall not be not more than 24 for expenses incurred in providing sustenance to the livestock 25 pursuant to section 717.3 and providing for the disposition of 26 the livestock pursuant to section 717.5. 27 Sec. 77. Section 717.4A, as enacted by 2011 Iowa Acts, 28 Senate File 478, section 8, is amended to read as follows: 29 717.4A Livestock in immediate need of sustenance —— livestock 30 remediation fund. 31 The department may utilize the moneys deposited into the 32 livestock remediation fund pursuant to section 459.501 to pay 33 for any expenses associated with providing sustenance to or 34 the disposition of the livestock pursuant to a court order 35 -32- SF 538 (5) 84 tm/jp 32/ 91
S.F. 538 entered pursuant to section 717.3 or 717.5. The department 1 shall utilize moneys from the fund only to the extent that 2 the department determines that expenses cannot be timely 3 paid by utilizing the available provisions of sections 717.4 4 and 717.5. The department shall deposit any unexpended and 5 unobligated moneys in the fund. The department shall pay to 6 the fund the proceeds from the disposition of the livestock and 7 associated products less expenses incurred by the department in 8 providing for the sustenance and disposition of the livestock, 9 as provided in section 717.5. 10 Sec. 78. Section 903A.5, subsection 1, as enacted by 2011 11 Iowa Acts, House File 271, section 3, is amended to read as 12 follows: 13 1. An inmate shall not be discharged from the custody 14 of the director of the Iowa department of corrections until 15 the inmate has served the full term for which the inmate was 16 sentenced, less earned time and other credits earned and not 17 forfeited, unless the inmate is pardoned or otherwise legally 18 released. Earned time accrued and not forfeited shall apply 19 to reduce a mandatory minimum sentence being served pursuant 20 to section 124.406 , 124.413 , 902.7 , 902.8 , 902.8A , or 902.11 . 21 An inmate shall be deemed to be serving the sentence from the 22 day on which the inmate is received into the institution. If 23 an inmate was confined to a county jail or other correctional 24 or mental facility at any time prior to sentencing, or after 25 sentencing but prior to the case having been decided on appeal, 26 because of failure to furnish bail or because of being charged 27 with a nonbailable offense, the inmate shall be given credit 28 for the days already served upon the term of the sentence. 29 However, if a person commits any offense while confined in a 30 county jail or other correctional or mental health facility, 31 the person shall not be granted jail credit for that offense. 32 Unless the inmate was confined in a correctional facility, 33 the sheriff of the county in which the inmate was confined 34 shall certify to the clerk of the district court from which 35 -33- SF 538 (5) 84 tm/jp 33/ 91
S.F. 538 the inmate was sentenced and to the department of corrections’ 1 records administrator at the Iowa medical and classification 2 center the number of days so served. The department of 3 corrections’ records administrator, or the administrator’s 4 designee, shall apply jail credit as ordered by the court 5 of proper jurisdiction or as authorized by this section and 6 section 907.3, subsection 3 . 7 Sec. 79. EFFECTIVE DATES. 8 1. The section of this division of this Act amending section 9 422.11O, subsection 5, paragraph a, subparagraph (2), if 10 enacted by 2011 Iowa Acts, Senate File 531, section 17, takes 11 effect January 1, 2012. 12 2. Section 423.4, subsection 9, unnumbered paragraph 1, if 13 enacted by 2011 Iowa Acts, Senate File 531, section 59, takes 14 effect January 1, 2012. 15 Sec. 80. APPLICABILITY. 16 1. The section of this division of this Act amending section 17 422.11O, subsection 5, paragraph a, subparagraph (2), if 18 enacted by 2011 Iowa Acts, Senate File 531, section 17, applies 19 to tax years beginning on and after January 1, 2012. 20 2. The section of this division of this Act amending 21 section 422.11Y, subsection 1, paragraph d, if enacted by 2011 22 Iowa Acts, Senate File 531, section 35, applies to tax years 23 beginning on and after January 1, 2012, and to that part of a 24 retail dealer’s tax year or tax years occurring during that 25 portion of the calendar year beginning on and after July 1, 26 2011, and ending on December 31, 2011. 27 3. The section of this division of this Act amending section 28 422.11Y, subsection 3, unnumbered paragraph 1, if enacted by 29 2011 Iowa Acts, Senate File 531, section 35, applies to tax 30 years beginning on and after January 1, 2012, and to that part 31 of a retail dealer’s tax year or tax years occurring during 32 that portion of the calendar year beginning on and after July 33 1, 2011, and ending on December 31, 2011. 34 4. The section of this division of this Act amending section 35 -34- SF 538 (5) 84 tm/jp 34/ 91
S.F. 538 422.11Y, subsection 6, paragraph b, subparagraph (2), if 1 enacted by 2011 Iowa Acts, Senate File 531, section 35, applies 2 to tax years beginning on and after January 1, 2012, and to 3 that part of a retail dealer’s tax year or tax years occurring 4 during that portion of the calendar year beginning on and after 5 July 1, 2011, and ending on December 31, 2011. 6 DIVISION VII 7 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 8 Sec. 81. VISION SCREENING PROGRAM —— DEPARTMENT OF PUBLIC 9 HEALTH. There is appropriated from the general fund of the 10 state to the department of public health for the fiscal year 11 beginning July 1, 2011, and ending June 30, 2012, the following 12 amount, or so much thereof as is necessary, to be used for the 13 purposes designated: 14 For a grant to a national affiliated volunteer eye 15 organization that has an established program for children and 16 adults and that is solely dedicated to preserving sight and 17 preventing blindness through education, nationally certified 18 vision screening and training, and community and patient 19 service programs: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 21 Sec. 82. APPROPRIATION —— FARMERS WITH DISABILITIES. There 22 is appropriated from the general fund of the state to the 23 department of agriculture and land stewardship for the fiscal 24 year beginning July 1, 2011, and ending June 30, 2012, the 25 following amount, or so much thereof as is necessary, for a 26 program for farmers with disabilities: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,000 28 The moneys appropriated in this section shall be used 29 for the public purpose of providing a grant to a national 30 nonprofit organization with over 80 years of experience in 31 assisting children and adults with disabilities and special 32 needs. The moneys shall be used to support a nationally 33 recognized program that began in 1986 and has been replicated 34 in at least 30 other states, but which is not available through 35 -35- SF 538 (5) 84 tm/jp 35/ 91
S.F. 538 any other entity in this state, and that provides assistance 1 to farmers with disabilities in all 99 counties to allow the 2 farmers to remain in their own homes and be gainfully engaged 3 in farming through provision of agricultural worksite and home 4 modification consultations, peer support services, services 5 to families, information and referral, and equipment loan 6 services. Notwithstanding section 8.33, moneys appropriated 7 in this section that remain unencumbered or unobligated at the 8 close of the fiscal year shall not revert but shall remain 9 available for expenditure for the purposes designated until the 10 close of the succeeding fiscal year. 11 Sec. 83. APPROPRIATION —— BATTLESHIP IOWA, BB-61. 12 1. There is appropriated from the general fund of the state 13 to the department of cultural affairs for the fiscal year 14 beginning July 1, 2010, and ending June 30, 2011, the following 15 amount, or so much thereof as is necessary, to be credited to 16 the BB-61 fund created in 2010 Iowa Acts, chapter 1194: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 18 2. If the department of the navy, pursuant to a process 19 outlined in a notice published in the federal register on 20 May 24, 2010, volume 75, number 99, awards possession or 21 conditionally awards possession of the battleship Iowa, 22 BB-61, to a nonprofit group that is eligible to receive the 23 battleship, the department of cultural affairs shall award a 24 grant to the nonprofit group in an amount equal to $3 million 25 in addition to any moneys awarded as a grant from the BB-61 26 fund. 27 3. Notwithstanding section 8.33, moneys appropriated in 28 this section that remain unencumbered or unobligated at the 29 close of the fiscal year shall not revert but shall remain 30 available for expenditure for the purposes designated for 31 succeeding fiscal years. 32 Sec. 84. GROUP HOME GRANT. There is appropriated from the 33 general fund of the state to the Iowa finance authority for the 34 fiscal year beginning July 1, 2010, and ending June 30, 2011, 35 -36- SF 538 (5) 84 tm/jp 36/ 91
S.F. 538 the following amount, or so much thereof as is necessary, to be 1 used for the purposes designated: 2 For a grant to a nonprofit organization providing 3 residential services for persons with an intellectual 4 disability at the intermediate care facility level and services 5 under the medical assistance program habilitation and brain 6 injury home and community-based services waivers, that is 7 located in and providing such services in a county with a 8 population between 90,000 and 95,000, according to the latest 9 certified federal census: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 11 The grant under this section shall be used for purchase or 12 remodeling costs to develop a group home for not more than four 13 individuals with intellectual disabilities or brain injury. 14 Notwithstanding section 8.33, moneys appropriated in this 15 section that remain unencumbered or unobligated at the close of 16 the fiscal year shall not revert but shall remain available for 17 expenditure for the purposes designated until the close of the 18 succeeding fiscal year. 19 Sec. 85. INVESTIGATIONS DIVISION OF DEPARTMENT OF 20 INSPECTIONS AND APPEALS —— CONTINGENT FTE AUTHORIZATION. If 21 Senate File 313 or successor legislation providing for debt 22 setoff or other recovery activities for nonpayment of premiums 23 pursuant to section 249A.3, subsection 2, paragraph “a”, 24 subparagraph (1), relating to a special income eligibility 25 group under the Medicaid program, or pursuant to section 26 249J.8, subsection 1, relating to the expansion population 27 eligibility group under the IowaCare program, is enacted by 28 the Eighty-fourth General Assembly, 2011 Session, in addition 29 to other full-time equivalent positions authorized for the 30 investigations division of the department of inspections and 31 appeals for the fiscal year beginning July 1, 2011, not more 32 than 2.00 FTEs are authorized, to the extent funded through 33 moneys available to the department of human services, to 34 be used to implement such provisions of Senate File 313 or 35 -37- SF 538 (5) 84 tm/jp 37/ 91
S.F. 538 successor legislation. 1 Sec. 86. SPECIAL EDUCATION INSTRUCTIONAL PROGRAM. If a 2 school district that is participating on a contractual basis 3 in a special education instructional program operated by an 4 area education agency, in which the area education agency 5 employed teachers on behalf of the school district at the time 6 the department of management calculated the teacher salary 7 supplement cost per pupil under section 257.10, subsection 8 9, the professional development supplement cost per pupil 9 under section 257.10, subsection 10, the area education agency 10 teacher salary supplement cost per pupil under section 257.37A, 11 subsection 1, and the area education agency professional 12 development supplement cost per pupil under section 257.37A, 13 subsection 2, for the fiscal year beginning July 1, 2009, 14 terminates the contract for participation in the special 15 education instructional program, the area education agency 16 operating the program shall notify the department of management 17 of the contract termination by the following April 1. The 18 department of management shall recalculate the cost per 19 pupil amounts for the area education agency and the school 20 district for the fiscal year succeeding the notification 21 date for the teacher salary supplement cost per pupil under 22 section 257.10, subsection 9, the professional development 23 supplement cost per pupil under section 257.10, subsection 24 10, the area education agency teacher salary supplement cost 25 per pupil under section 257.37A, subsection 1, and the area 26 education agency professional development supplement cost 27 per pupil under section 257.37A, subsection 2, by estimating 28 the amount of the original allocations used in the cost per 29 pupil calculation that would have been allocated to the school 30 district rather than the area education agency had the special 31 education instructional program not existed, and the department 32 of management shall increase the annual supplement cost per 33 pupil for the school district and area education agency by the 34 appropriate allowable growth for the appropriate fiscal years. 35 -38- SF 538 (5) 84 tm/jp 38/ 91
S.F. 538 Sec. 87. TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF 1 CHILDREN. 2 1. A task force on the prevention of sexual abuse of 3 children is established consisting of the following members: 4 a. Four members of the general assembly serving as ex 5 officio, nonvoting members, with not more than one member from 6 each chamber being from the same political party. The two 7 senators shall be appointed, one each, by the majority leader 8 of the senate and by the minority leader of the senate. The two 9 representatives shall be appointed, one each, by the speaker of 10 the house of representatives and by the minority leader of the 11 house of representatives. 12 b. The director of human services or the director’s 13 designee. 14 c. The director of the department of education or the 15 director’s designee. 16 d. The director of public health or the director’s designee. 17 e. The state court administrator or the state court 18 administrator’s designee. 19 f. A representative of the Iowa county attorneys 20 association, appointed by the president of that association. 21 g. A representative of the chief juvenile court officers, 22 appointed by the chief justice of the supreme court. 23 h. A representative of the Iowa state education 24 association, appointed by the president of that organization. 25 i. A representative of prevent child abuse Iowa, appointed 26 by the director of human services. 27 j. A representative of school administrators of Iowa, 28 appointed by the president of that organization. 29 k. A representative of the Iowa association of school 30 boards, appointed by the executive director of that 31 organization. 32 l. A representative of the Iowa psychological association, 33 appointed by the president of that association. 34 m. A representative of the Iowa coalition against sexual 35 -39- SF 538 (5) 84 tm/jp 39/ 91
S.F. 538 assault, appointed by the executive director of that coalition. 1 n. A representative of prevent child abuse Iowa, appointed 2 by the executive director of that organization. 3 o. A child abuse expert employed by or under contract with 4 one of Iowa’s nationally accredited child protection centers, 5 appointed by the director of the regional child protection 6 center located in Des Moines. 7 2. Members of the task force shall be individuals who are 8 actively involved in the fields of child abuse prevention. To 9 the extent possible, appointment of members shall reflect the 10 geographic diversity of the state. The voting members of the 11 task force shall serve without compensation and shall not be 12 reimbursed for their expenses. 13 3. The director of prevent child abuse Iowa, or the 14 director’s designee, shall convene the organizational meeting 15 of the task force. The task force shall elect from among 16 its members a chairperson. Meetings shall be held at the 17 call of the chairperson or at the request of two or more task 18 force members. Six members shall constitute a quorum and the 19 affirmative vote of six members shall be necessary for any 20 action taken by the task force. 21 4. Prevent child abuse Iowa shall provide staff support to 22 the task force. 23 5. The task force shall consult with employees of the 24 department of human services, the Iowa coalition against sexual 25 assault, the department of public safety, the state board 26 of education, and any other state agency or department as 27 necessary to accomplish the task force’s responsibilities under 28 this section. 29 6. The task force shall develop a model policy addressing 30 sexual abuse of children that may include but is not limited 31 to the following: 32 a. Age-appropriate curricula for students enrolled in 33 prekindergarten through grade five. 34 b. Training options for school personnel on child sexual 35 -40- SF 538 (5) 84 tm/jp 40/ 91
S.F. 538 abuse. 1 c. Educational information for parents and guardians that 2 may be provided in a school handbook and may include the 3 warning signs of a child being abused, along with any needed 4 assistance, referral, or resource information. 5 d. Counseling options and resources available statewide for 6 students affected by sexual abuse. 7 e. Emotional and educational support services that may 8 be available for a child subject to abuse to continue to be 9 successful in school. 10 f. Methods for increasing teacher, student, and parent 11 awareness of issues regarding sexual abuse of children, 12 including but not limited to knowledge of likely warning signs 13 indicating that a child may be a victim of sexual abuse. 14 g. Actions that a child who is a victim of sexual abuse 15 should take to obtain assistance and intervention. 16 7. The task force shall make recommendations for preventing 17 the sexual abuse of children in Iowa. In making those 18 recommendations, the task force shall do the following: 19 a. Gather information concerning child sexual abuse 20 throughout the state. 21 b. Receive reports and testimony from individuals, state 22 and local agencies, community-based organizations, and other 23 public and private organizations. 24 c. Create goals for state policy that would prevent child 25 sexual abuse. 26 d. Submit a final report with its recommendations to the 27 governor and the general assembly on or before January 16, 28 2012. The recommendations may include proposals for specific 29 statutory changes and methods to foster cooperation among state 30 agencies and between the state, local school districts, and 31 other local governments. 32 Sec. 88. RAILROAD COMPANY —— LIMITED LIABILITY. A railroad 33 company which alters facilities described in section 327F.2 34 pursuant to a written agreement executed on or before December 35 -41- SF 538 (5) 84 tm/jp 41/ 91
S.F. 538 31, 2012, with a political subdivision with a population of 1 more than 67,800, but less than 67,900, according to the 2010 2 certified federal census, to construct a flood mitigation 3 project shall receive the limitation on liability contained 4 in section 670.4, subsection 8, for its facilities described 5 in section 327F.2 governed by the written agreement for any 6 damages caused by the alteration due to a flood. 7 Sec. 89. STATE AGENCY OFFICE SUPPLIES PURCHASE, 8 EQUIPMENT PURCHASES, PRINTING AND BINDING, AND MARKETING 9 —— APPLICABILITY. The limitation on expenditures made for 10 office supplies, purchases of equipment, office equipment, and 11 equipment noninventory, printing and binding, and marketing 12 implemented pursuant to 2011 Iowa Acts, House File 45, section 13 2, does not apply to a department or agency receiving a 14 supplemental appropriation for the fiscal year beginning July 15 1, 2010, pursuant to 2011 Iowa Acts, Senate File 209, division 16 III. 17 Sec. 90. ELECTIONS-RELATED SOFTWARE. 18 Any computer software developed by a county for purposes of 19 election activities is the property of the county unless the 20 county sells the rights to the software. 21 Sec. 91. EFFECTIVE DATE —— 2011 IOWA ACTS, SENATE FILE 205. 22 1. 2011 Iowa Acts, Senate File 205, section 3, amending 23 section 321.47, subsection 2, being deemed of immediate 24 importance, takes effect on the effective date of this section 25 of this division of this Act. 26 2. 2011 Iowa Acts, Senate File 205, section 4, enacting 27 section 321.113, subsection 5, being deemed of immediate 28 importance, takes effect on the effective date of this section 29 of this division of this Act. 30 3. 2011 Iowa Acts, Senate File 205, section 5, amending 31 section 321.121, subsection 1, paragraph “b”, being deemed of 32 immediate importance, takes effect on the effective date of 33 this section of this division of this Act. 34 4. 2011 Iowa Acts, Senate File 205, section 6, enacting 35 -42- SF 538 (5) 84 tm/jp 42/ 91
S.F. 538 section 321.122, subsection 1, paragraph “b”, subparagraph 1 (3), being deemed of immediate importance, takes effect on the 2 effective date of this section of this division of this Act. 3 Sec. 92. Section 80B.6, subsection 1, as amended by 2011 4 Iowa Acts, Senate File 236, section 1, is amended to read as 5 follows: 6 1. An Iowa law enforcement academy council is created 7 consisting of the following thirteen fifteen voting members 8 appointed by the governor, subject to confirmation by the 9 senate, to terms of four years commencing as provided in 10 section 69.19 : 11 a. Three residents of the state. 12 b. A sheriff of a county with a population of fifty thousand 13 persons or more who is a member of the Iowa state sheriffs and 14 deputies association. 15 c. A sheriff of a county with a population of less than 16 fifty thousand persons who is a member of the Iowa state 17 sheriffs and deputies association. 18 d. A deputy sheriff of a county who is a member of the Iowa 19 state sheriffs and deputies association. 20 e. A member of the Iowa peace officers association. 21 f. A member of the Iowa state police association. 22 g. A member of the Iowa police chiefs association. 23 h. A police officer who is a member of a police department 24 of a city with a population of fifty thousand persons or more. 25 i. A police officer who is a member of a police department 26 of a city with a population of less than fifty thousand 27 persons. 28 j. A member of the department of public safety. 29 k. A member of the office of motor vehicle enforcement of 30 the department of transportation. 31 l. An employee of a county conservation board who is a 32 certified peace officer. 33 m. A conservation peace officer employed under section 34 456A.13. 35 -43- SF 538 (5) 84 tm/jp 43/ 91
S.F. 538 Sec. 93. Section 256C.5, subsection 1, paragraph c, Code 1 2011, is amended to read as follows: 2 c. “Preschool budget enrollment” means the figure that 3 is equal to sixty fifty percent of the actual enrollment of 4 eligible students in the preschool programming provided by 5 a school district approved to participate in the preschool 6 program on October 1 of the base year, or the first Monday in 7 October if October 1 falls on a Saturday or Sunday. 8 Sec. 94. Section 279.51, subsection 2, Code 2011, is amended 9 to read as follows: 10 2. a. Funds allocated under subsection 1 , paragraph “b” , 11 shall be used by the child development coordinating council for 12 the following: 13 a. (1) To continue funding for programs previously 14 funded by grants awarded under section 256A.3 and to provide 15 additional grants under section 256A.3 . The council shall seek 16 to provide grants on the basis of the location within the state 17 of children meeting at-risk definitions. 18 b. (2) At the discretion of the child development 19 coordinating council, award grants for the following: 20 (1) (a) To school districts to establish programs for 21 three-year-old, four-year-old, and five-year-old at-risk 22 children which are a combination of preschool and full-day 23 kindergarten. 24 (2) (b) To provide grants to provide educational support 25 services to parents of at-risk children age birth through three 26 years. 27 b. A grantee under this subsection may direct the use of 28 moneys received to serve any qualifying child ranging in age 29 from three years old to five years old, regardless of the age 30 of population indicated on the grant request in its initial 31 year of application. A grantee is encouraged to consider the 32 degree to which the program complements existing programs and 33 services for three-year-old, four-year-old, and five-year-old 34 at-risk children available in the area, including other child 35 -44- SF 538 (5) 84 tm/jp 44/ 91
S.F. 538 care and preschool services, services provided through a school 1 district, and services available through an area education 2 agency. 3 Sec. 95. Section 303.19A, subsection 1, as enacted by 2011 4 Iowa Acts, House File 267, section 2, is amended to read as 5 follows: 6 1. The state historic preservation officer shall only 7 recommend that a rural electric cooperative or a municipal 8 utility constructing electric distribution and transmission 9 facilities for which it is receiving federal funding conduct 10 an archeological site survey of its proposed route when, based 11 upon a review of existing information on historic properties 12 within the area of potential effects of the construction, the 13 state historic preservation officer has determined that a 14 historic property, as defined by the federal National Historic 15 Preservation Act of 1966, as amended, is likely to exist within 16 the proposed route. 17 Sec. 96. Section 321J.2, subsection 4, paragraph b, Code 18 2011, is amended to read as follows: 19 b. Assessment of a minimum fine of one thousand eight 20 hundred fifty seventy-five dollars and a maximum fine of six 21 thousand two hundred fifty dollars. Surcharges and fees shall 22 be assessed pursuant to chapter 911 . 23 Sec. 97. Section 422.11S, subsection 7, paragraph a, 24 subparagraph (2), Code 2011, is amended to read as follows: 25 (2) “Total approved tax credits” means for the tax year 26 beginning in the 2006 calendar year, two million five hundred 27 thousand dollars, for the tax year beginning in the 2007 28 calendar year, five million dollars, and for tax years 29 beginning on or after January 1, 2008, seven million five 30 hundred thousand dollars. However, for tax years beginning on 31 or after January 1, 2012, and only if legislation is enacted 32 by the eighty-fourth general assembly, 2011 session, amending 33 section 257.8, subsections 1 and 2, to establish both the state 34 percent of growth and the categorical state percent of growth 35 -45- SF 538 (5) 84 tm/jp 45/ 91
S.F. 538 for the budget year beginning July 1, 2012, at three percent, 1 “total approved tax credits” means ten million dollars. 2 Sec. 98. Section 453A.35, subsection 1, Code 2011, is 3 amended to read as follows: 4 1. a. The With the exception of revenues credited to the 5 health care trust fund pursuant to paragraph “b” , the proceeds 6 derived from the sale of stamps and the payment of taxes, fees, 7 and penalties provided for under this chapter , and the permit 8 fees received from all permits issued by the department, shall 9 be credited to the general fund of the state. However, of 10 b. Of the revenues generated from the tax on cigarettes 11 pursuant to section 453A.6, subsection 1 , and from the tax on 12 tobacco products as specified in section 453A.43, subsections 13 1, 2, 3, and 4 , and credited to the general fund of the state 14 under this subsection , there is appropriated, annually, to the 15 health care trust fund created in section 453A.35A , the first 16 one hundred six million sixteen thousand four hundred dollars 17 shall be credited to the health care trust fund created in 18 section 453A.35A . 19 Sec. 99. Section 453A.35A, subsection 1, Code 2011, is 20 amended to read as follows: 21 1. A health care trust fund is created in the office of 22 the treasurer of state. The fund consists of the revenues 23 generated from the tax on cigarettes pursuant to section 24 453A.6, subsection 1 , and from the tax on tobacco products 25 as specified in section 453A.43 , subsections 1, 2, 3, and 26 4 , that are credited to the general fund of the state and 27 appropriated to the health care trust fund, annually, pursuant 28 to section 453A.35 . Moneys in the fund shall be separate from 29 the general fund of the state and shall not be considered 30 part of the general fund of the state. However, the fund 31 shall be considered a special account for the purposes of 32 section 8.53 relating to generally accepted accounting 33 principles. Moneys in the fund shall be used only as specified 34 in this section and shall be appropriated only for the uses 35 -46- SF 538 (5) 84 tm/jp 46/ 91
S.F. 538 specified. Moneys in the fund are not subject to section 8.33 1 and shall not be transferred, used, obligated, appropriated, 2 or otherwise encumbered, except as provided in this section . 3 Notwithstanding section 12C.7, subsection 2 , interest or 4 earnings on moneys deposited in the fund shall be credited to 5 the fund. 6 Sec. 100. Section 466B.31, subsection 2, paragraph a, Code 7 2011, is amended by adding the following new subparagraphs: 8 NEW SUBPARAGRAPH . (17) One member selected by the 9 agribusiness association of Iowa. 10 NEW SUBPARAGRAPH . (18) One member selected by the Iowa 11 floodplain and stormwater management association. 12 NEW SUBPARAGRAPH . (19) One member selected by Iowa rivers 13 revival. 14 Sec. 101. Section 523I.102, subsection 6, paragraph c, Code 15 2011, is amended to read as follows: 16 c. A pioneer cemetery. However, a pioneer cemetery is a 17 cemetery for purposes of sections 523I.316, 523I.317, 523I.401, 18 and 523I.402. 19 Sec. 102. Section 537A.5, subsection 1, as enacted by 2011 20 Iowa Acts, Senate File 396, section 1, is amended to read as 21 follows: 22 1. As used in this section , “construction contract” 23 means an agreement relating to the construction, alteration, 24 improvement, development, demolition, excavation, 25 rehabilitation, maintenance, or repair of buildings, highways, 26 roads, streets, bridges, tunnels, transportation facilities, 27 airports, water or sewage treatment plants, power plants, 28 or any other improvements to real property in this state, 29 including shafts, wells, and structures, whether on ground, 30 above ground, or underground, and includes agreements for 31 architectural services, design services, engineering services, 32 construction services, construction management services, 33 development services, maintenance services, material purchases, 34 equipment rental, and labor. “Construction contract” includes 35 -47- SF 538 (5) 84 tm/jp 47/ 91
S.F. 538 all public, private, foreign, or domestic agreements as 1 described in this subsection other than such public agreements 2 relating to highways, roads, and streets. 3 Sec. 103. Section 654.4B, subsection 2, paragraph b, Code 4 2011, is amended to read as follows: 5 b. This subsection is repealed July 1, 2011 2012 . 6 Sec. 104. APPLICABILITY. The section of this division of 7 this Act amending section 256C.5, subsection 1, takes effect 8 upon enactment, and applies to budget years beginning on or 9 after July 1, 2011. 10 Sec. 105. EFFECTIVE UPON ENACTMENT. The following 11 provision or provisions of this division of this Act, being 12 deemed of immediate importance, take effect upon enactment: 13 1. The section of this division of this Act amending section 14 303.19A. 15 2. The section of this division of this Act amending section 16 654.4B. 17 3. The section of this division of this Act appropriating 18 moneys to the department of cultural affairs for purposes of a 19 grant for the battleship Iowa, BB-61. 20 4. The section of this division of this Act creating a task 21 force on the prevention of sexual abuse of children. 22 5. The section of this division of this Act providing 23 effective dates for certain provisions in 2011 Iowa Acts, 24 Senate File 205. 25 6. The section in this division of this Act making an 26 appropriation to the Iowa finance authority for a group home 27 grant. 28 7. The section of this division of this Act relating to 29 a school district participating on a contractual basis in a 30 special education instructional program operated by an area 31 education agency. 32 Sec. 106. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 33 APPLICABILITY. The provision of this division of this Act 34 relating to a limitation on state agency office supplies 35 -48- SF 538 (5) 84 tm/jp 48/ 91
S.F. 538 purchase, equipment purchases, printing and binding, and 1 marketing as enacted by 2011 Iowa Acts, House File 45, being 2 deemed of immediate importance, takes effect upon enactment and 3 applies retroactively to March 7, 2011. 4 DIVISION VIII 5 APPROPRIATION TRANSFERS 6 REBUILD IOWA INFRASTRUCTURE FUND 7 Sec. 107. 2010 Iowa Acts, chapter 1184, section 26, is 8 amended to read as follows: 9 SEC. 26. There is appropriated from the rebuild Iowa 10 infrastructure fund to the department of economic development 11 for deposit in the grow Iowa values fund, for the fiscal year 12 beginning July 1, 2010, and ending June 30, 2011, the following 13 amount, notwithstanding section 8.57, subsection 6 , paragraph 14 “c”: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 16 Of the moneys appropriated in this section, from the 17 amount allocated to the department of economic development 18 in accordance with 2010 Iowa Acts, chapter 1184, section 28, 19 subsection 1, $1,200,000 shall be used for the department’s 20 Iowans helping Iowans business assistance program. 21 Notwithstanding section 8.33, moneys designated pursuant 22 to this unnumbered paragraph that remain unencumbered or 23 unobligated at the close of the fiscal year shall not revert 24 but shall remain available for expenditure for the purposes 25 designated until the close of the succeeding fiscal year. 26 CASH RESERVE FUND 27 Sec. 108. 2010 Iowa Acts, chapter 1193, section 90, 28 subsection 1, is amended to read as follows: 29 1. DEPARTMENT OF HUMAN SERVICES 30 For the medical assistance program: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187,800,000 32 a. Of the moneys appropriated in this subsection, the 33 following amounts shall be transferred as follows: 34 (1) To the Iowa finance authority to be used for the Iowans 35 -49- SF 538 (5) 84 tm/jp 49/ 91
S.F. 538 helping Iowans housing assistance program: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,050,000 2 (2) To the department of human services to be used for the 3 unmet needs program administered by the department: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .