Senate File 452 - Reprinted SENATE FILE 452 BY COMMITTEE ON APPROPRIATIONS (As Amended and Passed by the Senate April 29, 2013 ) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for fees, providing for legal 2 responsibilities, providing for certain employee benefits, 3 and providing for properly related matters, and including 4 effective date and retroactive and other applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 SF 452 (3) 85 tm/jp/jh
S.F. 452 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2014-2015. 3 1. For the budget process applicable to the fiscal year 4 beginning July 1, 2014, on or before October 1, 2013, in lieu 5 of the information specified in section 8.23, subsection 1, 6 unnumbered paragraph 1, and paragraph “a”, all departments and 7 establishments of the government shall transmit to the director 8 of the department of management, on blanks to be furnished by 9 the director, estimates of their expenditure requirements, 10 including every proposed expenditure, for the ensuing fiscal 11 year, together with supporting data and explanations as called 12 for by the director of the department of management after 13 consultation with the legislative services agency. 14 2. The estimates of expenditure requirements shall be 15 in a form specified by the director of the department of 16 management, and the expenditure requirements shall include all 17 proposed expenditures and shall be prioritized by program or 18 the results to be achieved. The estimates shall be accompanied 19 by performance measures for evaluating the effectiveness of the 20 programs or results. 21 Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 22 2013-2014. Notwithstanding the standing appropriations 23 in the following designated sections for the fiscal year 24 beginning July 1, 2013, and ending June 30, 2014, the amounts 25 appropriated from the general fund of the state pursuant to 26 these sections for the following designated purposes shall not 27 exceed the following amounts: 28 1. For payment for nonpublic school transportation under 29 section 285.2: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 31 If the total approved claims for reimbursement for nonpublic 32 school pupil transportation exceed the amount appropriated in 33 accordance with this subsection, the department of education 34 shall prorate the amount of each approved claim. 35 -1- SF 452 (3) 85 tm/jp/jh 1/ 39
S.F. 452 2. For the enforcement of chapter 453D relating to tobacco 1 product manufacturers under section 453D.8: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 3 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 4 2014-2015. Notwithstanding the standing appropriations 5 in the following designated sections for the fiscal year 6 beginning July 1, 2014, and ending June 30, 2015, the amounts 7 appropriated from the general fund of the state pursuant to 8 these sections for the following designated purposes shall not 9 exceed the following amounts: 10 1. For payment for nonpublic school transportation under 11 section 285.2: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 13 If the total approved claims for reimbursement for nonpublic 14 school pupil transportation exceed the amount appropriated in 15 accordance with this subsection, the department of education 16 shall prorate the amount of each approved claim. 17 2. For the enforcement of chapter 453D relating to tobacco 18 product manufacturers under section 453D.8: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 20 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— FY 2013-2014 21 —— FY 2014-2015. In lieu of the appropriation provided in 22 section 257.20, subsection 2 , the appropriation for the fiscal 23 years beginning July 1, 2013, and July 1, 2014, for paying 24 instructional support state aid under section 257.20 for fiscal 25 years 2013-2014 and 2014-2015 is zero. 26 Sec. 5. Section 8.8, Code 2013, is amended to read as 27 follows: 28 8.8 Special olympics fund —— appropriation. 29 A special olympics fund is created in the office of the 30 treasurer of state under the control of the department of 31 management. There is appropriated annually from the general 32 fund of the state to the special olympics fund fifty one 33 hundred thousand dollars for distribution to one or more 34 organizations which administer special olympics programs 35 -2- SF 452 (3) 85 tm/jp/jh 2/ 39
S.F. 452 benefiting the citizens of Iowa with disabilities. 1 DIVISION II 2 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 3 Sec. 6. INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM. There 4 is appropriated from the general fund of the state to the 5 department of human rights for the fiscal year beginning July 6 1, 2013, and ending June 30, 2014, the following amounts, or so 7 much thereof as is necessary, for the purposes designated: 8 For deposit in the individual development account state 9 match fund created in section 541A.7 to support the operating 10 organization providing individual development accounts in Iowa: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 12 Sec. 7. RENEWABLE ENERGY TRAINING AND EDUCATION. There 13 is appropriated from the general fund of the state to the 14 department of workforce development for the following fiscal 15 years, the following amounts, or so much thereof as is 16 necessary, to distribute for a public purpose to an entity 17 with a mission of educating workers and the public in the 18 various aspects of renewable energy, its usage, and related 19 occupational opportunities: 20 1. FY 2013-2014 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 22 2. FY 2014-2015 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 24 Sec. 8. PUBLIC TRANSIT. There is appropriated from the 25 general fund of the state to the department of transportation, 26 for the fiscal year beginning July 1, 2012, and ending June 30, 27 2013, the following amount, or so much thereof as is necessary, 28 for the purposes designated: 29 For distribution to the public transit systems in the state 30 for vehicle purchasing priorities: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 32 For purposes of section 8.33, unencumbered or unobligated 33 moneys from the moneys appropriated in this section shall 34 not revert at the close of the fiscal year but shall remain 35 -3- SF 452 (3) 85 tm/jp/jh 3/ 39
S.F. 452 available for expenditure for the purposes designated until the 1 close of the fiscal year that ends two years after the end of 2 the fiscal year for which the appropriation was made. 3 Sec. 9. GOVERNOR AND LIEUTENANT GOVERNOR —— FTE 4 AUTHORIZATION. For purposes of the offices of the governor and 5 lieutenant governor, there is authorized an additional 3.00 6 full-time equivalent positions above those otherwise authorized 7 pursuant to 2013 Iowa Acts, House File 603, if enacted. 8 Sec. 10. AIR TRAFFIC CONTROL TOWER. There is appropriated 9 from the general fund of the state to the department of 10 transportation, for the fiscal year beginning July 1, 2013, and 11 ending June 30, 2014, the following amount, or so much thereof 12 as is necessary, for the purposes designated: 13 For the public purpose of defraying costs associated with 14 the operation of a contract air traffic control tower which 15 holds an air agency certificate: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 17 Moneys appropriated by this section shall be distributed 18 on a local match basis to the largest city in a county with a 19 population of more than 92,000 and less than 95,000 as of the 20 last preceding certified federal census. 21 Sec. 11. Section 91C.7, subsection 1, Code 2013, is amended 22 to read as follows: 23 1. A contractor who is not registered with the labor 24 commissioner as required by this chapter shall not be awarded 25 a contract to perform work for the state or , an agency of the 26 state , or a political subdivision of the state . 27 Sec. 12. Section 99F.11, subsection 3, paragraph d, 28 subparagraph (3), Code 2013, is amended by striking the 29 subparagraph and inserting in lieu thereof the following: 30 (3) One-half of the moneys remaining after the 31 appropriation in subparagraph (1) is appropriated to the 32 economic development authority for distribution equally to 33 the three state tourism regions to develop public-private 34 partnerships to market local attractions. 35 -4- SF 452 (3) 85 tm/jp/jh 4/ 39
S.F. 452 Sec. 13. Section 135C.7, Code 2013, is amended by adding the 1 following new unnumbered paragraph: 2 NEW UNNUMBERED PARAGRAPH . In addition to the license fees 3 listed in this section, there shall be an annual assessment 4 assessed to each licensee in an amount to cover the cost of 5 independent reviewers provided pursuant to section 135C.42. 6 The department shall, in consultation with licensees, establish 7 the assessment amount by rule based on the award of a request 8 for proposals. The assessment shall be retained by the 9 department as a repayment receipt as defined in section 8.2 10 and used for the purpose of paying the cost of the independent 11 reviewers. 12 Sec. 14. Section 144.26, Code 2013, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 5. Upon the activation of an electronic 15 death record system, each person with a duty related to death 16 certificates shall participate in the electronic death record 17 system. A person with a duty related to a death certificate 18 includes but is not limited to a physician as defined in 19 section 135.1, a physician assistant, an advanced registered 20 nurse practitioner, a funeral director, and a county recorder. 21 Sec. 15. Section 216A.3, subsection 3, Code 2013, is amended 22 to read as follows: 23 3. A majority of the voting members of the board shall 24 constitute a quorum, and the affirmative vote of two-thirds of 25 the voting members present is necessary for any substantive 26 action taken by the board. The board shall select a 27 chairperson from the voting members of the board. The board 28 shall meet not less than four times a year. 29 Sec. 16. Section 261.93, subsection 2, paragraph b, 30 subparagraph (4), Code 2013, is amended to read as follows: 31 (4) Is the child of a fire fighter or police officer 32 included under section 97B.49B , who was killed in the line of 33 duty as determined by the Iowa public employees’ retirement 34 system in accordance with section 97B.52, subsection 2 . 35 -5- SF 452 (3) 85 tm/jp/jh 5/ 39
S.F. 452 Sec. 17. CONDITIONAL EFFECTIVE DATE. The section of this 1 division of this Act amending section 99F.11, takes effect only 2 if 2013 Iowa Acts, House File 620, striking section 99F.11, 3 subsection 3, paragraph d, subparagraph (3), is enacted. 4 Sec. 18. EFFECTIVE UPON ENACTMENT. The following provision 5 or provisions of this division of this Act, being deemed of 6 immediate importance, take effect upon enactment: 7 1. The section of this Act appropriating moneys to the 8 department of transportation for public transit purposes. 9 DIVISION III 10 CORRECTIVE PROVISIONS 11 Sec. 19. Section 2.12, unnumbered paragraph 4, Code 2013, 12 as amended by 2013 Iowa Acts, House File 185, section 1, is 13 amended to read as follows: 14 There is appropriated out of any funds in the state treasury 15 not otherwise appropriated such sums as may be necessary for 16 the fiscal year budgets of the legislative services agency 17 and the ombudsman office of ombudsman for salaries, support, 18 maintenance, and miscellaneous purposes to carry out their 19 statutory responsibilities. The legislative services agency 20 and the ombudsman office of ombudsman shall submit their 21 proposed budgets to the legislative council not later than 22 September 1 of each year. The legislative council shall review 23 and approve the proposed budgets not later than December 1 of 24 each year. The budget approved by the legislative council for 25 each of its statutory legislative agencies shall be transmitted 26 by the legislative council to the department of management on 27 or before December 1 of each year for the fiscal year beginning 28 July 1 of the following year. The department of management 29 shall submit the approved budgets received from the legislative 30 council to the governor for inclusion in the governor’s 31 proposed budget for the succeeding fiscal year. The approved 32 budgets shall also be submitted to the chairpersons of the 33 committees on appropriations. The committees on appropriations 34 may allocate from the funds appropriated by this section 35 -6- SF 452 (3) 85 tm/jp/jh 6/ 39
S.F. 452 the funds contained in the approved budgets, or such other 1 amounts as specified, pursuant to a concurrent resolution to be 2 approved by both houses of the general assembly. The director 3 of the department of administrative services shall issue 4 warrants for salaries, support, maintenance, and miscellaneous 5 purposes upon requisition by the administrative head of each 6 statutory legislative agency. If the legislative council 7 elects to change the approved budget for a legislative agency 8 prior to July 1, the legislative council shall transmit the 9 amount of the budget revision to the department of management 10 prior to July 1 of the fiscal year, however, if the general 11 assembly approved the budget it cannot be changed except 12 pursuant to a concurrent resolution approved by the general 13 assembly. 14 Sec. 20. Section 2.42, subsection 14, Code 2013, as amended 15 by 2013 Iowa Acts, House File 185, section 2, is amended to 16 read as follows: 17 14. To hear and act upon appeals of aggrieved employees of 18 the legislative services agency and the office of the ombudsman 19 pursuant to rules of procedure established by the council. 20 Sec. 21. Section 2C.3, subsection 2, Code 2013, as enacted 21 by 2013 Iowa Acts, House File 185, section 4, is amended to 22 read as follows: 23 2. The ombudsman shall employ and supervise all employees 24 under the ombudsman’s direction in such positions and at such 25 salaries as shall be authorized by the legislative council. 26 The legislative council shall hear and act upon appeals of 27 aggrieved employees of the office of the ombudsman. 28 Sec. 22. Section 2C.9, subsection 6, Code 2013, as amended 29 by 2013 Iowa Acts, House File 185, section 10, is amended to 30 read as follows: 31 6. Establish rules relating to the operation, organization, 32 and procedure of the office of the ombudsman. The rules are 33 exempt from chapter 17A and shall be published in the Iowa 34 administrative code. 35 -7- SF 452 (3) 85 tm/jp/jh 7/ 39
S.F. 452 Sec. 23. Section 2C.11, subsection 1, unnumbered paragraph 1 1, Code 2013, as amended by 2013 Iowa Acts, House File 185, 2 section 12, is amended to read as follows: 3 An appropriate subject for investigation by the office of 4 the ombudsman is an administrative action that might be: 5 Sec. 24. Section 2C.18, Code 2013, as amended by 2013 6 Iowa Acts, House File 185, section 20, is amended to read as 7 follows: 8 2C.18 Report to general assembly. 9 The ombudsman shall by April 1 of each year submit an 10 economically designed and reproduced report to the general 11 assembly and to the governor concerning the exercise of the 12 ombudsman ombudsman’s functions during the preceding calendar 13 year. In discussing matters with which the ombudsman has been 14 concerned, the ombudsman shall not identify specific persons 15 if to do so would cause needless hardship. If the annual 16 report criticizes a named agency or official, it shall also 17 include unedited replies made by the agency or official to the 18 criticism, unless excused by the agency or official affected. 19 Sec. 25. Section 8B.21, subsection 5, paragraph e, if 20 enacted by 2013 Iowa Acts, Senate File 396, section 3, is 21 amended to read as follows: 22 e. The department of public defense shall not be required 23 to obtain any information technology services pursuant to 24 this chapter for the department of public defense that is are 25 provided by the office pursuant to this chapter without the 26 consent of the adjutant general. 27 Sec. 26. Section 23A.4, subsection 3, Code 2013, as enacted 28 by 2013 Iowa Acts, House File 185, section 27, is amended to 29 read as follows: 30 3. Chapter 17A and this section are the exclusive remedy 31 for violations of this chapter . However, the office of the 32 ombudsman may review violations of this chapter and make 33 recommendations as provided in chapter 2C . 34 Sec. 27. Section 29.1, Code 2013, as amended by 2013 Iowa 35 -8- SF 452 (3) 85 tm/jp/jh 8/ 39
S.F. 452 Acts, House File 307, section 9, is amended to read as follows: 1 29.1 Department of public defense. 2 The department of public defense is composed of the office 3 of the adjutant general and the military forces of the 4 state of Iowa. The adjutant general is the director of the 5 department of public defense and shall perform all functions, 6 responsibilities, powers, and duties over concerning the 7 military forces of the state of Iowa as provided in the laws of 8 the state. 9 Sec. 28. Section 35A.13, subsection 6A, paragraph b, 10 subparagraph (1), if enacted by 2013 Iowa Acts, House File 613, 11 section 2, is amended to read as follows: 12 (1) The commission may provide educational assistance funds 13 to any child who has lived in the state of Iowa for two years 14 preceding application for state educational assistance, and who 15 is the child of a person who died prior to September 11, 2001, 16 during active federal military service while serving in the 17 armed forces or during active federal military service in the 18 Iowa national guard or other military component of the United 19 States, to defray the expenses of tuition, matriculation, 20 laboratory and similar fees, books and supplies, board, 21 lodging, and any other reasonably necessary expense for the 22 child or children incident to attendance in this state at an 23 educational or training institution of college grade, or in a 24 business or vocational training school with standards approved 25 by the department. The commission shall not expend more than 26 six hundred dollars per year for educational assistance for any 27 one child under this paragraph “b” . 28 Sec. 29. Section 70A.28, subsection 6, Code 2013, as amended 29 by 2013 Iowa Acts, House File 185, section 28, is amended to 30 read as follows: 31 6. Subsection 2 may also be enforced by an employee through 32 an administrative action pursuant to the requirements of this 33 subsection if the employee is not a merit system employee or 34 an employee covered by a collective bargaining agreement. An 35 -9- SF 452 (3) 85 tm/jp/jh 9/ 39
S.F. 452 employee eligible to pursue an administrative action pursuant 1 to this subsection who is discharged, suspended, demoted, 2 or otherwise receives a reduction in pay and who believes 3 the adverse employment action was taken as a result of the 4 employee’s disclosure of information that was authorized 5 pursuant to subsection 2 , may file an appeal of the adverse 6 employment action with the public employment relations 7 board within thirty calendar days following the later of the 8 effective date of the action or the date a finding is issued 9 to the employee by the office of the ombudsman pursuant to 10 section 2C.11A . The findings issued by the ombudsman may be 11 introduced as evidence before the public employment relations 12 board. The employee has the right to a hearing closed to the 13 public, but may request a public hearing. The hearing shall 14 otherwise be conducted in accordance with the rules of the 15 public employment relations board and the Iowa administrative 16 procedure Act, chapter 17A . If the public employment relations 17 board finds that the action taken in regard to the employee was 18 in violation of subsection 2 , the employee may be reinstated 19 without loss of pay or benefits for the elapsed period, or the 20 public employment relations board may provide other appropriate 21 remedies. Decisions by the public employment relations board 22 constitute final agency action. 23 Sec. 30. Section 126.11, subsection 3, paragraph b, Code 24 2013, as amended by 2013 Iowa Acts, House File 417, section 26, 25 is amended to read as follows: 26 b. A drug dispensed by filling or refilling a written, 27 electronic, facsimile, or oral prescription of a practitioner 28 licensed by law to administer the drug is exempt from section 29 126.10 , except section 126.10, subsection 1 , paragraph “a” , 30 section 126.10, subsection 1, paragraph “i” , subparagraphs 31 (2) and (3), and section 126.10, subsection 1 , paragraphs “k” 32 and “l” , and the packaging requirements of section 126.10, 33 subsection 1 , paragraphs “g” , “h” , and “p” , if the drug bears 34 a label containing the name and address of the dispenser, the 35 -10- SF 452 (3) 85 tm/jp/jh 10/ 39
S.F. 452 date of the prescription or of its filling, the name of the 1 prescriber, and, if stated in the prescription, the name of the 2 patient, and the directions for use and cautionary statements, 3 if any, contained in the prescription. This exemption does not 4 apply to a drug dispensed in the course of the conduct of the 5 business of dispensing drugs pursuant to diagnosis by mail, 6 or to a drug dispensed in violation of paragraph “a” of this 7 subsection . 8 Sec. 31. Section 249A.43, subsection 3, as enacted by 2013 9 Iowa Acts, Senate File 357, section 7, is amended to read as 10 follows: 11 3. An affidavit of service of a notice of entry of judgment 12 shall be made by first class mail at the address where the 13 debtor was served with the notice of overpayment. Service 14 is completed upon mailing as specified in this paragraph 15 subsection . 16 Sec. 32. Section 252D.17, subsection 1, paragraph m, as 17 enacted by 2013 Iowa Acts, House File 417, section 55, Code 18 2013, is amended to read as follows: 19 m. 2. The department shall establish criteria and a 20 phased-in schedule to require, no later than June 30, 2015, 21 payors of income to electronically transmit the amounts 22 withheld under an income withholding order. The department 23 shall assist payors of income in complying with the required 24 electronic transmission, and shall adopt rules setting forth 25 procedures for use in electronic transmission of funds, and 26 exemption from use of electronic transmission taking into 27 consideration any undue hardship electronic transmission 28 creates for payors of income. 29 Sec. 33. Section 263B.3, Code 2013, as amended by 2013 30 Iowa Acts, House File 417, section 63, is amended to read as 31 follows: 32 263B.3 Agreements with federal departments. 33 The state archaeologist is authorized to enter into 34 agreements and cooperative efforts with the federal highway 35 -11- SF 452 (3) 85 tm/jp/jh 11/ 39
S.F. 452 administrator, the United States departments of commerce, 1 interior, agriculture, and defense, and any other federal or 2 state agencies concerned with archaeological salvage or the 3 preservation of antiquities. 4 Sec. 34. Section 321.463, subsection 12A, paragraphs a and 5 c, as enacted by 2013 Iowa Acts, House File 14, section 1, are 6 amended to read as follows: 7 a. A person operating a vehicle or combination of vehicles 8 equipped with a retractable axle may raise the axle when 9 necessary to negotiate a turn, provided that the retractable 10 axle is lowered within one thousand feet following completion 11 of the turn. This paragraph does not apply to a vehicle or 12 combination of vehicles operated on an interstate highway, 13 including a ramp to or from an interstate highway, or on a 14 bridge. 15 c. This subsection does not prohibit the operation of a 16 vehicle or combination of vehicles equipped with a retractable 17 axle from operating with the retractable axle raised when the 18 vehicle or combination of vehicles is in compliance with the 19 weight limitations of this section with the retractable axle 20 raised. 21 Sec. 35. Section 327F.39, subsection 6, paragraph b, if 22 enacted by 2013 Iowa Acts, Senate File 340, section 4, is 23 amended to read as follows: 24 b. A violation of subsection 4A or rules adopted pursuant to 25 subsection 4A by a railroad worker transportation company or a 26 railroad corporation company is punishable as a schedule “one” 27 penalty under section 327C.5. 28 Sec. 36. Section 418.5, subsection 1, Code 2013, as amended 29 by 2013 Iowa Acts, House File 307, section 51, is amended to 30 read as follows: 31 1. The flood mitigation board is established consisting of 32 nine voting members and four ex officio, nonvoting members, 33 and is located for administrative purposes within the division 34 department . The director of the department shall provide 35 -12- SF 452 (3) 85 tm/jp/jh 12/ 39
S.F. 452 office space, staff assistance, and necessary supplies and 1 equipment for the board. The director shall budget funds to 2 pay the necessary expenses of the board. In performing its 3 functions, the board is performing a public function on behalf 4 of the state and is a public instrumentality of the state. 5 Sec. 37. Section 426A.11, subsection 1, Code 2013, as 6 amended by 2013 Iowa Acts, House File 417, section 97, is 7 amended to read as follows: 8 1. The property, not to exceed two thousand seven hundred 9 seventy-eight dollars in taxable value of any veteran, as 10 defined in section 35.1 , of the World War I. 11 Sec. 38. Section 455B.275, subsection 3A, paragraphs a and 12 b, if enacted by 2013 Iowa Acts, House File 541, section 1, are 13 amended to read as follows: 14 a. The person reconstructing the dam is only required to 15 possess the flooding easements or ownership which were was 16 held prior to the reconstruction as long as the former normal 17 pool elevation is not exceeded and the spillway capacity is 18 increased by at least fifty percent. 19 b. Flooding easements or ownership are is only required to 20 the top of the reconstructed spillway elevation. 21 Sec. 39. Section 490.863, subsection 3, paragraph a, as 22 enacted by 2013 Iowa Acts, House File 469, section 43, is 23 amended to read as follows: 24 a. “Holder” means and “held by” refers to shares held by 25 both a record shareholder, as defined in section 490.1301, 26 subsection 7, and a beneficial shareholder, as defined in 27 section 490.1301, subsection 2. 28 Sec. 40. Section 490.1302, subsection 2, paragraph d, Code 29 2013, as amended by 2013 Iowa Acts, House File 469, section 53, 30 is amended to read as follows: 31 d. Paragraph “a” , shall not be applicable and appraisal 32 rights shall be available pursuant to subsection 1 for the 33 holders of any class or series of shares where the corporate 34 action is an interested transaction. 35 -13- SF 452 (3) 85 tm/jp/jh 13/ 39
S.F. 452 Sec. 41. Section 522.6, subsection 2, if enacted by 2013 1 Iowa Acts, Senate File 189, section 6, is amended to read as 2 follows: 3 2. If an insurer qualifies for exemption from the 4 requirements of this chapter pursuant to paragraph “a” of 5 subsection 1, but the insurance group of which the insurer is 6 a member does not qualify for exemption pursuant to paragraph 7 “b” of subsection 1, then the own risk and solvency assessment 8 summary report that is required pursuant to section 521H.5 9 522.5 shall include information concerning every insurer 10 in the insurance group. This requirement may be satisfied 11 by the submission of more than one summary report for any 12 combination of insurers in the insurance group provided that 13 the combination of reports submitted includes every insurer in 14 the insurance group. 15 Sec. 42. Section 533.405, subsection 4A, paragraph b, 16 subparagraphs (1) and (2), as enacted by 2013 Iowa Acts, Senate 17 File 183, section 8, are amended to read as follows: 18 (1) State credit unions with assets in excess of $5 five 19 million dollars as of the month ending immediately prior to the 20 date of the conclusion of the vote by the membership approving 21 the dissolution shall publish the notice once a week for two 22 successive weeks in a newspaper of general circulation in each 23 county in which the state credit union maintains an office or 24 branch for the transaction of business. 25 (2) State credit unions with assets of $5 five million 26 dollars or less as of the month ending immediately prior to the 27 date of the conclusion of the vote by the membership approving 28 the dissolution shall publish the notice once in a newspaper of 29 general circulation in each county in which the state credit 30 union maintains an office or branch. 31 Sec. 43. Section 543C.2, subsection 1, paragraph j, if 32 enacted by 2013 Iowa Acts, House File 556, section 167, is 33 amended to read as follows: 34 j. The subdivider, if a corporation, must register to do 35 -14- SF 452 (3) 85 tm/jp/jh 14/ 39
S.F. 452 business in the state of Iowa as a foreign corporation with 1 the secretary of state and furnish a copy of the certificate 2 of authority to do business in the state of Iowa. If not a 3 corporation, the subdivider must comply with the provisions 4 of chapter 547 , by filing a proper trade name with the Polk 5 county recorder. The provisions of this subsection paragraph 6 shall also apply to any person, partnership, firm, company, 7 corporation, or association, other than the subdivider, which 8 is engaged by or through the subdivider for the purpose of 9 advertising or selling the land involved in the filing. 10 Sec. 44. Section 556.2, subsection 5, paragraph a, 11 unnumbered paragraph 1, as enacted by 2013 Iowa Acts, House 12 File 417, section 174, is amended to read as follows: 13 A banking organization or financial organization shall send 14 to the owner of each account, to which none of the actions 15 specified in subsection 2 1 , paragraphs “a” through “e” or 16 subsection 2, paragraphs “a” through “e” have occurred during 17 the preceding three calendar years, a notice by certified mail 18 stating in substance the following: 19 Sec. 45. Section 716.7, subsection 1, as amended by 2013 20 Iowa Acts, House File 556, section 234, if enacted, is amended 21 to read as follows: 22 1. For purposes of this section: 23 a. “Property” shall include any land, dwelling, building, 24 conveyance, vehicle, or other temporary or permanent structure 25 whether publicly or privately owned. 26 b. “Public utility” is a public utility as defined in 27 section 476.1 or an electric transmission line as provided in 28 chapter 478. 29 b. c. “Public utility property” means any land, dwelling, 30 building, conveyance, vehicle, or other temporary or permanent 31 structure owned, leased, or operated by a public utility and 32 that is completely enclosed by a physical barrier of any kind. 33 For the purposes of this section, a “public utility” is a public 34 utility as defined in section 476.1 or an electric transmission 35 -15- SF 452 (3) 85 tm/jp/jh 15/ 39
S.F. 452 line as provided in chapter 478. 1 c. d. “Railway corporation” means a corporation, company, 2 or person owning, leasing, or operating any railroad in whole 3 or in part within this state. 4 d. e. “Railway property” means all tangible real and 5 personal property owned, leased, or operated by a railway 6 corporation with the exception of any administrative building 7 or offices of the railway corporation. 8 Sec. 46. Section 724.2, subsection 1, paragraph i, if 9 enacted by 2013 Iowa Acts, House File 556, section 206, is 10 amended to read as follows: 11 i. A nonresident who possesses an offensive weapon which 12 is a curio or relic firearm under the federal Firearms Act, 13 18 U.S.C. ch. 44, solely for use in official functions in 14 this state of a historical reenactment organization of which 15 the person is a member, if the offensive weapon is legally 16 possessed by the person in the person’s state of residence 17 and the offensive weapon is at all times while in this state 18 rendered incapable of firing live ammunition. A nonresident 19 who possesses an offensive weapon under this subsection 20 paragraph while in this state shall not have in the person’s 21 possession live ammunition. The offensive weapon may, however, 22 be adapted for the firing of blank ammunition. 23 Sec. 47. REPEAL. 2013 Iowa Acts, House File 417, section 24 34, and 2013 Iowa Acts, House File 556, section 27, if enacted, 25 are repealed. 26 Sec. 48. REPEAL. 2013 Iowa Acts, House File 469, sections 27 83 and 84, are repealed. 28 Sec. 49. CONTINGENT REPEAL. If 2013 Iowa Acts, House File 29 575, section 12, is enacted, 2013 Iowa Acts, House File 417, 30 section 93, is repealed. 31 DIVISION IV 32 PUBLIC RETIREMENT SYSTEMS 33 Sec. 50. JUDICIAL RETIREMENT FUND. There is appropriated 34 from the general fund of the state to the judicial retirement 35 -16- SF 452 (3) 85 tm/jp/jh 16/ 39
S.F. 452 fund described in section 602.9104 for the following fiscal 1 years, the following amounts: 2 1. FY 2013-2014 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 4 2. FY 2014-2015 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 6 Sec. 51. FIRE AND POLICE RETIREMENT FUND. There is 7 appropriated from the general fund of the state to the fire 8 and police retirement fund created in section 411.8 for the 9 following fiscal years, the following amounts: 10 1. FY 2012-2013 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,600,000 12 2. FY 2013-2014 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 14 3. FY 2014-2015 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 16 Sec. 52. Section 97A.11A, subsection 1, Code 2013, is 17 amended to read as follows: 18 1. Beginning with the fiscal year commencing July 1, 2013 19 2012 , and ending June 30 of the fiscal year during which the 20 board determines that the system’s funded ratio of assets 21 to liabilities is at least eighty-five percent, there is 22 appropriated from the general fund of the state for each fiscal 23 year to the retirement fund described in section 97A.8 , an 24 amount equal to five million dollars. 25 Sec. 53. EFFECTIVE UPON ENACTMENT. The section of this 26 division of this Act amending section 97A.11A, being deemed of 27 immediate importance, takes effect upon enactment. 28 Sec. 54. EFFECTIVE UPON ENACTMENT. The section of this 29 division of this Act appropriating moneys to the fire and 30 police retirement fund, being deemed of immediate importance, 31 takes effect upon enactment. 32 DIVISION V 33 COUNTY PROJECTS 34 Sec. 55. Section 331.441, subsection 2, paragraph b, 35 -17- SF 452 (3) 85 tm/jp/jh 17/ 39
S.F. 452 subparagraph (5), unnumbered paragraph 1, Code 2013, is amended 1 to read as follows: 2 Public buildings, including the site or grounds of, and the 3 erection, equipment, remodeling, or reconstruction of, and 4 additions or extensions to the buildings, and including the 5 provision and maintenance of juvenile detention or shelter care 6 facilities, when the cost principal amount of the bonds does 7 not exceed the following limits: 8 Sec. 56. Section 331.441, subsection 2, paragraph c, 9 subparagraph (9), Code 2013, is amended to read as follows: 10 (9) Public buildings, including the site or grounds of, 11 the erection, equipment, remodeling, or reconstruction of, and 12 additions or extensions to the buildings, and including the 13 provision and maintenance of juvenile detention or shelter care 14 facilities, when the cost principal amount of the bonds exceeds 15 the limits stated in subsection 2 , paragraph “b” , subparagraph 16 (5). 17 DIVISION VI 18 SUPPLEMENTARY WEIGHTING FOR LIMITED ENGLISH 19 PROFICIENT STUDENTS 20 Sec. 57. Section 257.31, subsection 5, paragraph j, Code 21 2013, is amended to read as follows: 22 j. Unusual need to continue providing a program or other 23 special assistance to non-English speaking pupils after the 24 expiration of the four-year seven-year period specified in 25 section 280.4 . 26 Sec. 58. Section 280.4, subsection 3, Code 2013, is amended 27 to read as follows: 28 3. a. In order to provide funds for the excess costs of 29 instruction of limited English proficient students specified 30 in paragraph “b” above the costs of instruction of pupils in 31 a regular curriculum, students identified as limited English 32 proficient shall be assigned an additional weighting of 33 twenty-two hundredths, and that weighting shall be included in 34 the weighted enrollment of the school district of residence for 35 -18- SF 452 (3) 85 tm/jp/jh 18/ 39
S.F. 452 a period not exceeding four seven years. However, the school 1 budget review committee may grant supplemental aid or modified 2 allowable growth to a school district to continue funding a 3 program for students after the expiration of the four-year 4 seven-year period. 5 b. For students first determined to be limited English 6 proficient for a budget year beginning on or after July 1, 7 2009, the additional weighting provided under paragraph “a” 8 shall be included in the weighted enrollment of the school 9 district of residence for a period not exceeding seven years. 10 Sec. 59. LIMITED ENGLISH PROFICIENT WEIGHTING 11 ADJUSTMENT. For the fiscal year beginning July 1, 2013, 12 and ending June 30, 2014, there shall be allocated to the 13 department of education from the amount appropriated pursuant 14 to section 257.16, subsection 1, based upon the increase from 15 four to seven years in the availability of supplementary 16 weighting for instruction of limited English proficient 17 students pursuant to section 280.4, an amount to be determined 18 by the department of management in consultation with the 19 legislative services agency. The funds shall be used to adjust 20 the weighted enrollment of a school district with students 21 identified as limited English proficient on a prorated basis. 22 Sec. 60. EFFECTIVE UPON ENACTMENT. This division of this 23 Act, being deemed of immediate importance, takes effect upon 24 enactment. 25 DIVISION VII 26 NEWBORN CRITICAL CONGENITAL HEART DISEASE SCREENING 27 Sec. 61. NEW SECTION . 136A.5A Newborn critical congenital 28 heart disease screening. 29 1. Each newborn born in this state shall receive a critical 30 congenital heart disease screening by pulse oximetry or other 31 means as determined by rule, in conjunction with the metabolic 32 screening required pursuant to section 136A.5. 33 2. An attending health care provider shall ensure that 34 every newborn under the provider’s care receives the critical 35 -19- SF 452 (3) 85 tm/jp/jh 19/ 39
S.F. 452 congenital heart disease screening. 1 3. This section does not apply if a parent objects to 2 the screening. If a parent objects to the screening of a 3 newborn, the attending health care provider shall document the 4 refusal in the newborn’s medical record and shall obtain a 5 written refusal from the parent and report the refusal to the 6 department. 7 4. Notwithstanding any provision to the contrary, the 8 results of each newborn’s critical congenital heart disease 9 screening shall only be reported in a manner consistent with 10 the reporting of the results of metabolic screenings pursuant 11 to section 136A.5 if funding is available for implementation 12 of the reporting requirement. 13 5. This section shall be administered in accordance with 14 rules adopted pursuant to section 136A.8. 15 Sec. 62. NEWBORN CRITICAL CONGENITAL HEART DISEASE 16 SCREENING. Notwithstanding any provision to the contrary 17 relating to the newborn screening policy pursuant to 641 IAC 18 4.3(1), critical congenital heart disease screening shall be 19 included in the state’s newborn screening panel as included 20 in the recommended uniform screening panel as approved by 21 the United States secretary of health and human services. 22 The center for congenital and inherited disorders advisory 23 committee shall make recommendations regarding implementation 24 of the screening and the center for congenital and inherited 25 disorders shall adopt rules as necessary to implement the 26 screening. However, reporting of the results of each newborn’s 27 critical congenital heart disease screening shall not be 28 required unless funding is available for implementation of the 29 reporting requirement. 30 DIVISION VIII 31 RIGHT TO CURE —— CLOSED CREDIT CARD ACCOUNTS 32 Sec. 63. Section 537.5110, subsection 4, paragraph c, Code 33 2013, is amended to read as follows: 34 c. Until the expiration of the minimum applicable period 35 -20- SF 452 (3) 85 tm/jp/jh 20/ 39
S.F. 452 after the notice is given, the consumer may cure the default by 1 tendering either the amount of all unpaid installments due at 2 the time of the tender, without acceleration, plus any unpaid 3 delinquency or deferral charges, or the amount stated in the 4 notice of right to cure, whichever is less, or by tendering any 5 performance necessary to cure any default other than nonpayment 6 of amounts due, which is described in the notice of right to 7 cure. The act of curing a default restores to the consumer 8 the consumer’s rights under the agreement as though no default 9 had occurred, except as provided in subsection 3 . However, 10 where the obligation in default is a credit card account that 11 has been closed, the act of curing a default does not restore 12 to the consumer the consumer’s rights under the agreement as 13 though no default had occurred. 14 Sec. 64. Section 537.5111, Code 2013, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 4A. If the consumer credit transaction is 17 a credit card account that has been closed, the notice shall 18 conform to the requirements of subsection 2, and a notice in 19 substantially the form specified in that subsection complies 20 with this subsection except that the statement relating to 21 continuation of the contract upon correction of the default as 22 though the consumer did not default shall not be contained in 23 the notice. 24 DIVISION IX 25 PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE 26 Sec. 65. PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE. 27 1. A public safety training and facilities task force is 28 established. The department of public safety shall provide 29 administrative support for the task force. 30 2. The task force shall consist of the following members: 31 a. One member appointed by the Iowa state sheriffs’ and 32 deputies’ association. 33 b. One member appointed by the Iowa police chiefs 34 association. 35 -21- SF 452 (3) 85 tm/jp/jh 21/ 39
S.F. 452 c. One member who is a fire fighter appointed by the Iowa 1 professional fire fighters association. 2 d. One member who is the administrator of the Iowa fire 3 service training bureau or the administrator’s designee. 4 e. One member who is a representative of the fire service 5 who is not a fire chief appointed by the Iowa firefighters 6 association. 7 f. The director of the Iowa law enforcement academy or the 8 director’s designee. 9 g. The commissioner of public safety or the training 10 coordinator of the department of public safety, as designated 11 by the commissioner. 12 h. The state fire marshal or the state fire marshal’s 13 designee. 14 i. One member appointed by the Iowa state police 15 association. 16 j. One member who is a fire chief appointed by the Iowa fire 17 chiefs association. 18 k. One member appointed by the Iowa emergency medical 19 services association. 20 l. One member appointed by the Iowa emergency management 21 association. 22 m. One member who is a fire chief appointed by the Iowa 23 association of professional fire chiefs. 24 n. One member who is a member of the office of motor vehicle 25 enforcement of the department of transportation appointed by 26 the director of the department of transportation. 27 o. Four members of the general assembly serving as 28 ex officio, nonvoting members, one representative to be 29 appointed by the speaker of the house of representatives, one 30 representative to be appointed by the minority leader of the 31 house of representatives, one senator to be appointed by the 32 majority leader of the senate, and one senator to be appointed 33 by the minority leader of the senate. 34 3. The voting members of the task force shall select one 35 -22- SF 452 (3) 85 tm/jp/jh 22/ 39
S.F. 452 chairperson and one vice chairperson. The vice chairperson 1 shall preside in the absence of the chairperson. Section 2 69.16A shall apply to the appointed members of the task force. 3 4. It is the intent of the general assembly in establishing 4 this task force that the task force develop a coordinated 5 plan amongst all public safety disciplines that would oversee 6 the construction of a consolidated fire and police public 7 safety training facility, provide for the establishment of a 8 governance board for the public safety disciplines and the 9 consolidated facility, and to establish a consistent and steady 10 funding mechanism to defray public safety training costs on an 11 ongoing basis. 12 5. The task force shall seek and consider input from all 13 interested stakeholders and members of the public and shall 14 include an emphasis on receiving input from fire service, law 15 enforcement, and emergency medical services personnel. The 16 task force shall consider and develop strategies relating to 17 public safety training facility governance with the goal of 18 all public safety disciplines being represented. Each public 19 safety discipline shall advise the task force by developing 20 individual training policies as determined by the discipline’s 21 governing bodies. The task force shall also develop a proposal 22 for a joint public safety training facility, a budget for 23 construction and future operation of the facility, financing 24 options, including possible public-private partnerships, for 25 construction and operation of the facility, and potential 26 locations for the facility that are centrally located in this 27 state. 28 6. a. The task force shall provide interim reports to the 29 general assembly by December 31 of each year concerning the 30 activities of the task force and shall submit its final report, 31 including its findings and recommendations, to the general 32 assembly by December 31, 2016. 33 b. The final report shall include but not be limited to 34 recommendations concerning the following: 35 -23- SF 452 (3) 85 tm/jp/jh 23/ 39
S.F. 452 (1) Consolidation of public safety governance within a 1 single board and the membership of the board. Board duties 2 would include overseeing the construction and maintenance of a 3 consolidated fire and police public safety training facility. 4 (2) Development of a consolidated fire and police public 5 safety training facility, including possible locations, 6 building recommendations, and financing options. 7 (3) Any other recommendations relating to public safety 8 training and facilities requirements. 9 Sec. 66. PUBLIC SAFETY TRAINING AND FACILITIES TASK FORCE —— 10 ADMINISTRATIVE SUPPORT. There is appropriated from the general 11 fund of the state to the department of public safety for the 12 fiscal year beginning July 1, 2012, and ending June 30, 2013, 13 the following amount, or so much thereof as is necessary, to be 14 used for the purposes designated: 15 For providing administrative support for the public safety 16 training and facilities task force as enacted in this Act: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 18 Notwithstanding section 8.33, moneys appropriated in this 19 section that remain unencumbered or unobligated at the close of 20 the fiscal year shall not revert but shall remain available for 21 expenditure for the purposes designated until the close of the 22 fiscal year that begins July 1, 2016. 23 Sec. 67. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 DIVISION X 27 CIGARETTE FIRE SAFETY STANDARD FUND 28 Sec. 68. Section 101B.5, subsection 5, Code 2013, is amended 29 to read as follows: 30 5. For each cigarette listed in a certification, a 31 manufacturer shall pay a fee of one hundred dollars to the 32 department. The department shall deposit all fees received 33 pursuant to this subsection with the treasurer of state for 34 credit to the general fund of the state. 35 -24- SF 452 (3) 85 tm/jp/jh 24/ 39
S.F. 452 Sec. 69. Section 101B.8, Code 2013, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 10. The department shall deposit any moneys 3 received from civil penalties assessed pursuant to this section 4 with the treasurer of state for credit to the general fund of 5 the state. 6 Sec. 70. Section 101B.9, Code 2013, is amended to read as 7 follows: 8 101B.9 Cigarette fire safety standard fund. 9 A cigarette fire safety standard fund is created as a 10 special fund in the state treasury under the control of the 11 department of public safety. The fund shall consist of all 12 moneys recovered from the assessment of civil penalties or 13 certification fees under this chapter . The moneys in the 14 fund shall, in In addition to any moneys made available for 15 such purpose, be available, subject to appropriation, moneys 16 in the fund are appropriated to the department of public 17 safety for the purpose of fire safety and prevention programs, 18 including for entry level fire fighter training, equipment, and 19 operations. 20 Sec. 71. REPEAL. Section 101B.9, Code 2013, is repealed. 21 Sec. 72. CIGARETTE FIRE SAFETY STANDARD FUND. 22 Notwithstanding section 8.33, or any other provision of law 23 to the contrary, the unencumbered or unobligated balance of 24 the cigarette fire safety standard fund at the close of the 25 fiscal year beginning July 1, 2012, shall not revert but shall 26 remain available for expenditure for purposes of the regional 27 emergency response training centers, on an equal basis, until 28 the close of the succeeding fiscal year. 29 Sec. 73. EFFECTIVE UPON ENACTMENT. Except for the section 30 of this division of this Act repealing section 101B.9 which 31 shall take effect July 1, 2013, this division of this Act, 32 being deemed of immediate importance, takes effect upon 33 enactment. 34 Sec. 74. RETROACTIVE APPLICABILITY. The following 35 -25- SF 452 (3) 85 tm/jp/jh 25/ 39
S.F. 452 provision or provisions of this division of this Act apply 1 retroactively to July 1, 2007: 2 1. The section amending section 101B.9. 3 DIVISION XI 4 IGNITION INTERLOCK 5 Sec. 75. Section 321J.20, subsections 1 and 2, Code 2013, 6 are amended to read as follows: 7 1. a. The department may, on application, issue a temporary 8 restricted license to a person whose noncommercial driver’s 9 license is revoked under this chapter allowing the person to 10 drive to and from the person’s home and specified places at 11 specified times which can be verified by the department and 12 which are required by the any of the following: 13 (1) The person’s full-time or part-time employment , . 14 (2) The person’s continuing health care or the continuing 15 health care of another who is dependent upon the person , . 16 (3) The person’s continuing education while enrolled in an 17 educational institution on a part-time or full-time basis and 18 while pursuing a course of study leading to a diploma, degree, 19 or other certification of successful educational completion , . 20 (4) The person’s substance abuse treatment , and to attend 21 groups whose purpose is to eliminate or reduce alcohol or other 22 drug use. 23 (5) The person’s court-ordered community service 24 responsibilities , and appointments . 25 (6) Appointments with the person’s parole or probation 26 officer . 27 (7) Transport of the person’s dependent minor child to and 28 from school when public school transportation is not available 29 for the child. 30 (8) Transport of the person’s dependent minor child to and 31 from child care when necessary for the person’s full-time or 32 part-time employment. 33 b. The department may also issue a temporary restricted 34 license under this subsection that allows the person to drive 35 -26- SF 452 (3) 85 tm/jp/jh 26/ 39
S.F. 452 for work purposes within the scope of the person’s full-time or 1 part-time employment. Any vehicle operated within the scope of 2 the person’s full-time or part-time employment must be equipped 3 at all times with an ignition interlock device of a type 4 approved by the commissioner of public safety, notwithstanding 5 any provision of section 321J.4, 321J.9, or 321J.12 to the 6 contrary. 7 c. The department may issue a temporary restricted license 8 under this subsection only if the person’s driver’s license has 9 not been revoked previously under section 321J.4 , 321J.9 , or 10 321J.12 and if any of the following apply: 11 (1) The person’s noncommercial driver’s license is revoked 12 under section 321J.4 and the minimum period of ineligibility 13 for issuance of a temporary restricted license has expired. 14 This subsection shall not apply to a revocation ordered under 15 section 321J.4 resulting from a plea or verdict of guilty of a 16 violation of section 321J.2 that involved a death. 17 (2) The person’s noncommercial driver’s license is revoked 18 under section 321J.9 and the person has entered a plea of 19 guilty on a charge of a violation of section 321J.2 which 20 arose from the same set of circumstances which resulted in 21 the person’s driver’s license revocation under section 321J.9 22 and the guilty plea is not withdrawn at the time of or after 23 application for the temporary restricted license, and the 24 minimum period of ineligibility for issuance of a temporary 25 restricted license has expired. 26 (3) The person’s noncommercial driver’s license is revoked 27 under section 321J.12 , and the minimum period of ineligibility 28 for issuance of a temporary restricted license has expired. 29 b. d. A temporary restricted license may be issued under 30 this subsection if the person’s noncommercial driver’s license 31 is revoked for two years under section 321J.4, subsection 2 , or 32 section 321J.9, subsection 1 , paragraph “b” , and the first three 33 hundred sixty-five days of the revocation have expired. 34 c. e. This subsection does not apply to a person whose 35 -27- SF 452 (3) 85 tm/jp/jh 27/ 39
S.F. 452 license was revoked under section 321J.2A or section 321J.4, 1 subsection 4 or 6 , or to a person whose license is suspended or 2 revoked for another reason. 3 d. f. Following the applicable minimum period of 4 ineligibility, a temporary restricted license under this 5 subsection shall not be issued until the applicant installs 6 an ignition interlock device of a type approved by the 7 commissioner of public safety on all motor vehicles owned or 8 operated by the applicant in accordance with section 321J.2 , 9 321J.4 , 321J.9 , or 321J.12 , or this subsection . Installation 10 of an ignition interlock device under this subsection shall 11 be required for the period of time for which the temporary 12 restricted license is issued and for such additional period 13 of time following reinstatement as is required under section 14 321J.17, subsection 3 . 15 2. a. Notwithstanding section 321.560 , the department may, 16 on application, and upon the expiration of the minimum period 17 of ineligibility for a temporary restricted license provided 18 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 19 temporary restricted license to a person whose noncommercial 20 driver’s license has either been revoked under this chapter , or 21 revoked or suspended under chapter 321 solely for violations 22 of this chapter , or who has been determined to be a habitual 23 offender under chapter 321 based solely on violations of this 24 chapter or on violations listed in section 321.560, subsection 25 1 , paragraph “b” , and who is not eligible for a temporary 26 restricted license under subsection 1 . However, the department 27 may not issue a temporary restricted license under this 28 subsection for a violation of section 321J.2A or to a person 29 under the age of twenty-one whose license is revoked under 30 section 321J.4 , 321J.9 , or 321J.12 . A 31 (1) If the person has no more than one previous revocation 32 under this chapter, a temporary restricted license issued under 33 this subsection may allow the person to drive to and from the 34 person’s home and specified places at specified times which can 35 -28- SF 452 (3) 85 tm/jp/jh 28/ 39
S.F. 452 be verified by the department and which are required by any of 1 the following: 2 (a) The person’s full-time or part-time employment. 3 (b) The person’s continuing health care or the continuing 4 health care of another who is dependent upon the person. 5 (c) The person’s continuing education while enrolled in an 6 educational institution on a part-time or full-time basis and 7 while pursuing a course of study leading to a diploma, degree, 8 or other certification of successful educational completion. 9 (d) The person’s substance abuse treatment and to attend 10 groups whose purpose is to eliminate or reduce alcohol or other 11 drug use. 12 (e) The person’s court-ordered community service 13 responsibilities. 14 (f) Appointments with the person’s parole or probation 15 officer. 16 (g) Transport of the person’s dependent minor child to and 17 from child care when necessary for the person’s full-time or 18 part-time employment. 19 (2) If the person has more than one previous revocation 20 under this chapter, a temporary restricted license issued under 21 this subsection may allow the person to drive to and from the 22 person’s home and specified places at specified times which can 23 be verified by the department and which are required by the any 24 of the following: 25 (a) The person’s full-time or part-time employment , . 26 (b) The person’s continuing education while enrolled in an 27 educational institution on a part-time or full-time basis and 28 while pursuing a course of study leading to a diploma, degree, 29 or other certification of successful educational completion , 30 or . 31 (c) The person’s substance abuse treatment and to attend 32 groups whose purpose is to eliminate or reduce alcohol or other 33 drug use . 34 DIVISION XII 35 -29- SF 452 (3) 85 tm/jp/jh 29/ 39
S.F. 452 NOTARY PUBLIC 1 Sec. 76. Section 9B.15, subsection 3, unnumbered paragraph 2 1, Code 2013, is amended to read as follows: 3 A certificate of a notarial act is sufficient if it meets 4 the requirements of subsections 1 and 2 and all any of the 5 following apply: 6 Sec. 77. Section 9B.17, subsection 1, paragraph a, Code 7 2013, is amended to read as follows: 8 a. Include the notary public’s name, the words “Notarial 9 Seal” and “Iowa”, the words “Commission Number” followed by 10 a number assigned to the notary public by the secretary of 11 state, the words “My Commission Expires” followed either by the 12 date that the notary public’s term would ordinarily expire as 13 provided in section 9B.21 or a blank line on which the notary 14 public shall indicate the date of expiration, if any, of the 15 notary public’s commission, as required by and in satisfaction 16 of section 9B.15, subsection 1, paragraph “e” , and other 17 information required by the secretary of state. 18 Sec. 78. Section 321I.31, subsection 3, Code 2013, is 19 amended to read as follows: 20 3. An owner of an all-terrain vehicle shall apply to 21 the county recorder for issuance of a certificate of title 22 within thirty days after acquisition. The application shall 23 be on forms the department prescribes and accompanied by the 24 required fee. The application shall be signed and sworn to 25 before a notary public notarial officer as provided in chapter 26 9B or other person who administers oaths, or shall include a 27 certification signed in writing containing substantially the 28 representation that statements made are true and correct to the 29 best of the applicant’s knowledge, information, and belief, 30 under penalty of perjury. The application shall contain the 31 date of sale and gross price of the all-terrain vehicle or the 32 fair market value if no sale immediately preceded the transfer 33 and any additional information the department requires. If the 34 application is made for an all-terrain vehicle last previously 35 -30- SF 452 (3) 85 tm/jp/jh 30/ 39
S.F. 452 registered or titled in another state or foreign country, 1 the application shall contain this information and any other 2 information the department requires. 3 Sec. 79. Section 462A.77, subsection 4, Code 2013, is 4 amended to read as follows: 5 4. Every owner of a vessel subject to titling under this 6 chapter shall apply to the county recorder for issuance of 7 a certificate of title for the vessel within thirty days 8 after acquisition. The application shall be on forms the 9 department prescribes, and accompanied by the required fee. 10 The application shall be signed and sworn to before a notary 11 public notarial officer as provided in chapter 9B or other 12 person who administers oaths, or shall include a certification 13 signed in writing containing substantially the representation 14 that statements made are true and correct to the best of the 15 applicant’s knowledge, information, and belief, under penalty 16 of perjury. The application shall contain the date of sale 17 and gross price of the vessel or the fair market value if no 18 sale immediately preceded the transfer, and any additional 19 information the department requires. If the application 20 is made for a vessel last previously registered or titled 21 in another state or foreign country, it shall contain this 22 information and any other information the department requires. 23 Sec. 80. Section 554.3505, subsection 2, Code 2013, is 24 amended to read as follows: 25 2. A protest is a certificate of dishonor made by a United 26 States consul or vice consul, or a notary public notarial 27 officer as provided in chapter 9B or other person authorized to 28 administer oaths by the law of the place where dishonor occurs. 29 It may be made upon information satisfactory to that person. 30 The protest must identify the instrument and certify either 31 that presentment has been made or, if not made, the reason why 32 it was not made, and that the instrument has been dishonored by 33 nonacceptance or nonpayment. The protest may also certify that 34 notice of dishonor has been given to some or all parties. 35 -31- SF 452 (3) 85 tm/jp/jh 31/ 39
S.F. 452 Sec. 81. Section 589.4, Code 2013, is amended to read as 1 follows: 2 589.4 Acknowledgments by corporation officers. 3 The acknowledgments of all deeds, mortgages, or other 4 instruments in writing taken or certified more than ten years 5 earlier, which instruments have been recorded in the recorder’s 6 office of any county of this state, including acknowledgments 7 of instruments made by a corporation, or to which the 8 corporation was a party, or under which the corporation was 9 a beneficiary, and which have been acknowledged before or 10 certified by a notary public notarial officer as provided 11 in chapter 9B who was at the time of the acknowledgment or 12 certifying a stockholder or officer in the corporation, are 13 legal and valid official acts of the notaries public, and 14 entitle the instruments to be recorded, anything in the laws 15 of the state of Iowa in regard to acknowledgments to the 16 contrary notwithstanding. This section does not affect pending 17 litigation. 18 Sec. 82. Section 589.5, Code 2013, is amended to read as 19 follows: 20 589.5 Acknowledgments by stockholders. 21 All deeds and conveyances of lands within this state 22 executed more than ten years earlier, but which have been 23 acknowledged or proved according to and in compliance with the 24 laws of this state before a notary public notarial officer 25 as provided in chapter 9B or other official authorized by 26 law to take acknowledgments who was, at the time of the 27 acknowledgment, an officer or stockholder of a corporation 28 interested in the deed or conveyance, or otherwise interested 29 in the deeds or conveyances, are, if otherwise valid, valid 30 in law as though acknowledged or proved before an officer not 31 interested in the deeds or conveyances; and if recorded more 32 than ten years earlier, in the respective counties in which the 33 lands are, the records are valid in law as though the deeds 34 and conveyances, so acknowledged or proved and recorded, had, 35 -32- SF 452 (3) 85 tm/jp/jh 32/ 39
S.F. 452 prior to being recorded, been acknowledged or proved before an 1 officer having no interest in the deeds or conveyances. 2 Sec. 83. Section 622.86, Code 2013, is amended to read as 3 follows: 4 622.86 Foreign affidavits. 5 Those taken out of the state before any judge or clerk of 6 a court of record, or before a notary public notarial officer 7 as provided in chapter 9B , or a commissioner appointed by 8 the governor of this state to take acknowledgment of deeds 9 in the state where such affidavit is taken, are of the same 10 credibility as if taken within the state. 11 DIVISION XIII 12 CORN PROMOTION BOARD 13 Sec. 84. Section 185C.1, Code 2013, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 4A. “Director” means a district elected 16 director or a board elected director as provided in section 17 185C.6. 18 Sec. 85. Section 185C.1, subsection 5, Code 2013, is amended 19 to read as follows: 20 5. “District” means an official crop reporting district 21 formed by the United States department of agriculture for use 22 on January 1, 2013, and set out in the annual farm census 23 published in that year by the Iowa department of agriculture 24 and land stewardship. 25 Sec. 86. Section 185C.3, Code 2013, is amended to read as 26 follows: 27 185C.3 Establishment of corn promotion board. 28 If a majority of the producers voting in the referendum 29 election approve the passage of the promotional order, an Iowa 30 corn promotion board shall be established. The board shall 31 consist of one director elected from each district in the 32 state, except that a district producing more than an average 33 of one hundred million bushels of corn in the three previous 34 marketing years is entitled to two directors. 35 -33- SF 452 (3) 85 tm/jp/jh 33/ 39
S.F. 452 Sec. 87. Section 185C.6, Code 2013, is amended by striking 1 the section and inserting in lieu thereof the following: 2 185C.6 Number and election of directors. 3 The Iowa corn promotion board established pursuant to 4 section 185C.3 shall be composed of directors elected as 5 provided in this chapter. The directors shall include all of 6 the following: 7 1. Nine district elected directors. Each such director 8 shall be elected from a district as provided in section 185C.5, 9 this section, and sections 185C.7 and 185C.8. A candidate 10 receiving the highest number of votes in each district shall be 11 elected to represent that district. 12 2. Three board elected directors. Each such director shall 13 be elected by the board. The candidate receiving the highest 14 number of votes by the board shall be elected to represent the 15 state on at-large basis. 16 Sec. 88. Section 185C.7, Code 2013, is amended to read as 17 follows: 18 185C.7 Terms of directors. 19 1. Director terms A director’s term of office shall be for 20 three years and no . A district elected director of the board 21 shall not serve for more than three complete consecutive terms. 22 A board elected director shall not serve for more than one 23 complete term of office. A district elected director who is 24 elected as board elected director shall not serve more than a 25 total of four terms of office, regardless of whether any of the 26 terms of office are complete or consecutive. 27 2. If the board is reconstituted pursuant to section 185C.8 , 28 the terms of the directors shall be controlled by this section . 29 However, the initial terms of the reconstituted board shall 30 be staggered. To the extent practicable, one-third of the 31 elected directors shall serve an initial term of one year, 32 one-third of the elected directors shall serve an initial term 33 of two years, and one-third of the elected directors shall 34 serve an initial term of three years. The initial terms of 35 -34- SF 452 (3) 85 tm/jp/jh 34/ 39
S.F. 452 board elected directors shall be determined by board members 1 directors drawing lots. The board elected under this paragraph 2 shall not contain two directors from the same district serving 3 the same term. 4 Sec. 89. Section 185C.8, Code 2013, is amended to read as 5 follows: 6 185C.8 Elections Administration of elections for directors . 7 1. The Iowa corn promotion board shall administer elections 8 for district elected directors of the board with the assistance 9 of the secretary. Prior to the expiration of a director’s 10 term of office, the board shall appoint a nominating committee 11 for the district represented by that director. The nominating 12 committee shall consist of five producers who are residents 13 of the district from which a director must be elected. The 14 nominating committee shall nominate two resident producers as 15 candidates for each director position for which an election 16 is to be held. Additional candidates may be nominated by 17 a written petition of twenty-five producers. Procedures 18 governing the time and place of filing shall be adopted and 19 publicized by the board. 20 Following recommencement of the promotional order, 21 or termination of the promotional order’s suspension as 22 provided in section 185C.24 , the secretary shall order the 23 reconstitution of the board. An election of district elected 24 directors shall be held within thirty days from the date of the 25 order. The secretary shall call for, provide for notice of, 26 conduct, and certify the results of the election in a manner 27 consistent with section 185C.5 through 185C.7 . Directors shall 28 serve terms as provided in section 185C.7 . Rules or procedures 29 adopted by the board and in effect at the date of suspension 30 shall continue in effect upon reconstitution of the board. 31 The Iowa corn growers association may nominate two resident 32 producers as candidates for each director position. Additional 33 candidates may be nominated by a written petition of at least 34 twenty-five producers. 35 -35- SF 452 (3) 85 tm/jp/jh 35/ 39
S.F. 452 2. The Iowa corn promotion board shall administer elections 1 for board elected directors. Prior to the expiration of a 2 board elected director’s term of office, the board may appoint 3 a nominating committee. In order to be eligible for nomination 4 and election, a candidate must have previously served on the 5 board as an elected director. An officer of the board shall 6 certify the results of the election. 7 Sec. 90. Section 185C.10, subsection 3, Code 2013, is 8 amended by striking the subsection. 9 Sec. 91. Section 185C.14, subsection 3, Code 2013, is 10 amended to read as follows: 11 3. The board shall meet at least once every three months 12 times each year , and at such other times as deemed necessary 13 by the board. 14 Sec. 92. Section 185C.21, subsection 2, Code 2013, is 15 amended to read as follows: 16 2. Upon request of the board, the secretary shall call 17 a special referendum for producers to vote on whether to 18 authorize an increase in the state assessment above one-quarter 19 of one cent per bushel, notwithstanding subsection 1 . The 20 special referendum shall be conducted as provided in this 21 chapter for referendum elections. However, the special 22 referendum shall not affect the existence or length of the 23 promotional order in effect. If a majority of the producers 24 voting in the special referendum approve the increase, the 25 board may increase the assessment to the amount approved in 26 the special referendum. However, a state assessment shall not 27 exceed one cent per a scheduled amount assessed on each bushel 28 of corn marketed in this state determined as follows: 29 a. Until September 1, 2013, one cent . 30 b. For each marketing year of the period beginning September 31 1, 2013, and ending August 31, 2018, two cents. 32 c. For each marketing year of the period beginning September 33 1, 2018, and ending August 31, 2023, three cents. 34 d. For each marketing year of the period beginning September 35 -36- SF 452 (3) 85 tm/jp/jh 36/ 39
S.F. 452 1, 2023, and ending August 31, 2028, four cents. 1 e. For each marketing year beginning on and after September 2 1, 2028, five cents . 3 Sec. 93. Section 185C.27, Code 2013, is amended to read as 4 follows: 5 185C.27 Refund of assessment. 6 A producer who has sold corn and had a state assessment 7 deducted from the sale price, by application in writing to 8 the board, may secure a refund in the amount deducted. The 9 refund shall be payable only when the application shall have 10 been made to the board within sixty days after the deduction. 11 Application forms shall be given by the board to each first 12 purchaser when requested and the first purchaser shall make the 13 applications available to any producer. Each application for 14 refund by a producer shall have attached to the application 15 proof of the assessment deducted. The proof of assessment 16 may be in the form of a duplicate or certified copy of the 17 purchase invoice by the first purchaser. The board shall have 18 thirty business days from the date the application for refund 19 is received to remit the refund to the producer. The board 20 may provide for refunds of a federal assessment as provided by 21 federal law. Unless inconsistent with federal law, refunds 22 shall be made under section 185C.26 . 23 Sec. 94. IMPLEMENTATION. The Iowa corn promotion board 24 established pursuant to section 185C.3 shall implement this 25 Act. 26 1. During the implementation period all of the following 27 shall apply: 28 a. The board shall provide for staggered terms of directors 29 in the same manner as required for the initial terms of office 30 of a reconstituted board pursuant to section 185C.7. However, 31 the board is not required to draw lots as otherwise provided in 32 that section. 33 b. The board is not required to fill a vacancy for an 34 unexpired term as required in section 185C.9. 35 -37- SF 452 (3) 85 tm/jp/jh 37/ 39
S.F. 452 c. The board may reduce the number of years of a director’s 1 term in order to comply with this section. 2 2. The board shall complete implementation of this Act not 3 later than July 1, 2014. 4 Sec. 95. EFFECTIVE UPON ENACTMENT. This Act, being deemed 5 of immediate importance, takes effect upon enactment. 6 DIVISION XIV 7 APPORTIONMENT OF TRANSPORTATION FUNDS —— APPROPRIATION 8 Sec. 96. Section 312.3, subsection 2, Code 2013, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . d. For purposes of apportioning among the 11 cities of the state the percentage of the road use tax fund to 12 be credited to the street construction fund of the cities for 13 each month beginning April 2011 and ending March 2021 pursuant 14 to this subsection, the population of each city shall be 15 determined by the greater of the population of the city as of 16 the last preceding certified federal census or as of the April 17 1, 2010, population estimates base as determined by the United 18 States census bureau. 19 Sec. 97. STREET CONSTRUCTION FUND —— APPROPRIATION. 20 1. In a written application to the treasurer of state 21 submitted by October 1, 2013, a city may request an 22 additional distribution of moneys to be credited to the street 23 construction fund of the city equal to that additional amount, 24 calculated by the treasurer, that the city would have received 25 if the funds were apportioned based upon the population of the 26 city as determined by section 312.3, subsection 2, paragraph 27 “d”, as enacted in this division of this Act, for the months 28 prior to the effective date of this division of this Act. 29 2. Upon determination by the treasurer of state that an 30 additional amount should be credited to a city as provided by 31 this section, there is appropriated from the general fund of 32 the state to the department of transportation, for the fiscal 33 year beginning July 1, 2013, and ending June 30, 2014, an 34 amount sufficient to pay the additional amount which shall be 35 -38- SF 452 (3) 85 tm/jp/jh 38/ 39
S.F. 452 distributed to the city for deposit in the street construction 1 fund of the city. 2 Sec. 98. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 Sec. 99. RETROACTIVE APPLICABILITY. This division of this 6 Act applies retroactively to April 2011. 7 -39- SF 452 (3) 85 tm/jp/jh 39/ 39