Text: HF2530
Text: HF2532
House File 2531
AN ACT
RELATING TO STATE AND LOCAL FINANCES BY PROVIDING FOR
FUNDING OF PROPERTY TAX CREDITS AND REIMBURSEMENTS, BY
MAKING, INCREASING, AND REDUCING APPROPRIATIONS, PROVIDING
FOR SALARIES AND COMPENSATION OF STATE EMPLOYEES, PROVIDING
FOR MATTERS RELATING TO TAX CREDITS, PROVIDING FOR FEES
AND PENALTIES, AND PROVIDING FOR PROPERLY RELATED MATTERS,
AND INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MH/MR/DD SERVICES ALLOWED GROWTH FUNDING == FY 2011=2012
Section 1. ADULT MH/MR/DD SERVICES ALLOWED GROWTH FUNDING ==
FY 2011=2012. Notwithstanding section 331.439, subsection
3, the allowed growth factor adjustment for county mental
health, mental retardation, and developmental disabilities
service expenditures for the fiscal year beginning July 1,
2011, shall be established by statute which shall be enacted
within thirty calendar days of the convening of the
Eighty=fourth General Assembly, 2011 Session, on January 10,
2011. The governor shall submit to the general assembly a
recommendation for such allowed growth factor adjustment and
the amounts of related appropriations to the general assembly
on or before January 11, 2011.
DIVISION II
STANDING APPROPRIATIONS
AND RELATED MATTERS
Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2011=2012.
1. For the budget process applicable to the fiscal year
beginning July 1, 2011, on or before October 1, 2010, in lieu
of the information specified in section 8.23, subsection 1,
unnumbered paragraph 1, and paragraph "a", all departments and
establishments of the government shall transmit to the director
of the department of management, on blanks to be furnished by
the director, estimates of their expenditure requirements,
including every proposed expenditure, for the ensuing fiscal
year, together with supporting data and explanations as called
for by the director of the department of management after
consultation with the legislative services agency.
2. The estimates of expenditure requirements shall be
in a form specified by the director of the department of
management, and the expenditure requirements shall include all
proposed expenditures and shall be prioritized by program or
the results to be achieved. The estimates shall be accompanied
by performance measures for evaluating the effectiveness of the
programs or results.
Sec. 3. GENERAL ASSEMBLY.
1. The appropriations made pursuant to section 2.12 for the
expenses of the general assembly and legislative agencies for
the fiscal year beginning July 1, 2010, and ending June 30,
2011, are reduced by the following amount:
.................................................. $ 5,939,790
2. The budgeted amounts for the general assembly for the
fiscal year beginning July 1, 2010, may be adjusted to reflect
unexpended budgeted amounts from the previous fiscal year.
Sec. 4. LIMITATION OF STANDING APPROPRIATIONS.
Notwithstanding the standing appropriations in the following
designated sections for the fiscal year beginning July 1, 2010,
and ending June 30, 2011, the amounts appropriated from the
general fund of the state pursuant to these sections for the
following designated purposes shall not exceed the following
amounts:
1. For operational support grants and community cultural
grants under section 99F.11, subsection 3, paragraph "d",
subparagraph (1):
.................................................. $ 443,300
2. For regional tourism marketing under section 99F.11,
subsection 3, paragraph "d", subparagraph (2):
.................................................. $ 862,028
3. For the center for congenital and inherited disorders
central registry under section 144.13A, subsection 4, paragraph
"a":
.................................................. $ 182,044
4. For primary and secondary child abuse prevention
programs under section 144.13A, subsection 4, paragraph "a":
.................................................. $ 217,772
5. For programs for at=risk children under section 279.51:
.................................................. $ 11,493,891
The amount of any reduction in this subsection shall be
prorated among the programs specified in section 279.51,
subsection 1, paragraphs "a", "b", and "c".
6. For payment for nonpublic school transportation under
section 285.2:
.................................................. $ 7,060,931
If total approved claims for reimbursement for nonpublic
school pupil transportation exceed the amount appropriated in
accordance with this subsection, the department of education
shall prorate the amount of each approved claim.
7. For mental health, mental retardation, and developmental
disabilities services property tax relief under section 426B.1,
subsection 2, as amended in this division of this Act:
.................................................. $ 81,199,911
8. For the enforcement of chapter 453D relating to tobacco
product manufacturers under section 453D.8:
.................................................. $ 19,591
9. For the Iowa power fund under section 469.10, subsection
1:
.................................................. $ 19,600,000
Sec. 5. STATE FOUNDATION AID FOR SCHOOLS == FY 2010=2011.
1. Notwithstanding the standing appropriation in section
257.16, subsection 1, for state foundation aid for the fiscal
year beginning July 1, 2010, and ending June 30, 2011, the
amount appropriated from the general fund of the state pursuant
to that section for the following designated purpose shall not
exceed the following amount:
For state foundation aid under section 257.16, subsection 1:
.................................................. $2,499,157,875
2. There is appropriated from the Iowa comprehensive
petroleum underground storage tank fund for state foundation
aid for the fiscal year beginning July 1, 2010, and ending
June 30, 2011, the following amount, or so much thereof as is
necessary to be used for the purposes designated:
In lieu of an equal amount appropriated from the general
fund for state foundation aid under section 257.16, subsection
1, as limited by subsection 1 of this section, notwithstanding
section 455G.3, subsection 1:
.................................................. $ 5,100,000
3. a. Of the amount designated in this section for state
foundation aid, $314,894,787 is allocated for the teacher
salary supplements, the professional development supplements,
and the early intervention supplement in accordance with
section 257.10, subsections 9 through 11, and section 257.37A.
The department of management may adjust the amount allocated
pursuant to this subsection in order to reflect any differences
resulting from the budget certification process.
b. If the remaining balance of the moneys designated in
subsection 1, after the allocation made in paragraph "a" is
less than the amount required to pay the remainder of state
foundation aid pursuant to section 257.16, subsection 1, the
difference shall be deducted from the payments to each school
district in the manner provided in section 257.16, subsection
4.
Sec. 6. INSTRUCTIONAL SUPPORT STATE AID == APPROPRIATION.
In lieu of the appropriation provided in section 257.20, there
is appropriated from the school infrastructure fund created in
section 12.82, subsection 1, to the department of education for
the fiscal year beginning July 1, 2010, and ending June 30,
2011, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For paying instructional support state aid for fiscal year
2010=2011:
.................................................. $ 7,500,000
Notwithstanding section 257.20, subsection 3, the
appropriation made in this lettered paragraph shall be
allocated in the same manner as the allocation of the
appropriation was made for the same purpose in the previous
fiscal year.
Sec. 7. VETERANS HOME MEDICAL CLINIC. Of moneys received
on or after July 1, 2009, by the Iowa veterans home from
the federal government relating to the costs to improve and
renovate a medical clinic at the home in a previous fiscal
year, the first $727,000 shall be credited to the general fund
of the state on or after July 1, 2010.
Sec. 8. PROPERTY TAX CREDIT FUND == PAYMENTS IN LIEU OF
GENERAL FUND REIMBURSEMENT.
1. a. A property tax credit fund shall be created in the
office of the treasurer of state to be used for the purposes of
this section.
b. There is appropriated from the general fund of the state
to the property tax credit fund created in paragraph "a" for
the fiscal year beginning July 1, 2010, and ending June 30,
2011, the sum of $91,256,037.
c. Notwithstanding the requirements in section 8.56,
subsections 3 and 4, there is appropriated from the cash
reserve fund to the property tax credit fund created in
paragraph "a" for the fiscal year beginning July 1, 2010, and
ending June 30, 2011, the sum of $54,684,481.
d. Notwithstanding section 8.33, the surplus existing
in the property tax credit fund created pursuant to 2009
Iowa Acts, chapter 179, section 9, at the conclusion of the
fiscal year beginning July 1, 2009, and ending June 30, 2010,
is transferred to the property tax credit fund created in
paragraph "a".
2. In lieu of the appropriations in the following designated
sections, for the fiscal year beginning July 1, 2010, and
ending June 30, 2011, there is appropriated from the property
tax credit fund the following amounts for the following
designated purposes:
a. For reimbursement for the homestead property tax credit
under section 425.1:
.................................................. $ 87,757,913
b. For reimbursement for the family farm and agricultural
land tax credits under sections 425A.1 and 426.1:
.................................................. $ 32,395,131
c. For reimbursement for the military service tax credit
under section 426A.1A:
.................................................. $ 2,400,000
d. For implementing the elderly and disabled tax credit and
reimbursement pursuant to sections 425.16 through 425.39:
.................................................. $ 23,400,000
If the director of revenue determines that the amount
of claims for credit for property taxes due pursuant to
paragraphs "a", "b", "c", and "d", plus the amount of claims
for reimbursement for rent constituting property taxes paid
which are to be paid during the fiscal year may exceed the
total amount appropriated, the director shall estimate the
percentage of the credits and reimbursements which will be
funded by the appropriation. The county treasurer shall notify
the director of the amount of property tax credits claimed by
June 8, 2010. The director shall estimate the percentage of
the property tax credits and rent reimbursement claims that
will be funded by the appropriation and notify the county
treasurer of the percentage estimate by June 15, 2010. The
estimated percentage shall be used in computing for each claim
the amount of property tax credit and reimbursement for rent
constituting property taxes paid for that fiscal year. If
the director overestimates the percentage of funding, claims
for reimbursement for rent constituting property taxes paid
shall be paid until they can no longer be paid at the estimated
percentage of funding. Rent reimbursement claims filed after
that point in time shall receive priority and shall be paid in
the following fiscal year.
Sec. 9. FEDERAL RECOVERY AND REINVESTMENT FUND ==
ADDITIONAL FUNDING FOR FISCAL YEAR 2010=2011.
1. In lieu of 2010 Iowa Acts, House File 2519, section 19,
if additional funding designated for education stabilization
is made available for the fiscal year beginning July 1,
2010, through the state fiscal stabilization fund established
pursuant to the federal American Recovery and Reinvestment Act
of 2009, Pub. L. No. 111=5, such funding shall be credited to
the federal recovery and reinvestment fund created in section
8.41A and is appropriated for the fiscal year beginning July
1, 2010, and ending June 30, 2011, to the departments and
agencies that received the funding designated for education
stabilization in 2009 Iowa Acts, chapter 183, section 61,
subsection 1.
2. a. Except as otherwise provided in paragraph "b",
the amounts of the individual appropriations made in
subsection 1 shall be in the same proportion as the individual
appropriations in 2009 Iowa Acts, chapter 183, section 61,
subsection 1, bear to the total amount appropriated in that
provision.
b. (1) The amount appropriated pursuant to subsection 1 for
state foundation aid to schools shall not exceed the difference
between the amount determined for the standing appropriation
for state foundation aid for the fiscal year pursuant to
section 257.16, subsection 1, and the amount the standing
appropriation was limited to pursuant to this division of this
Act.
(2) The amount appropriated for the fiscal year pursuant to
subsection 1 for instructional support state aid under section
257.20 shall not exceed $5,609,950, shall be in addition to
the appropriation made in this division of this Act for the
same purpose from the school infrastructure fund, and shall
be allocated as provided in the school infrastructure fund
appropriation.
3. a. Except as provided in subsection 2 for instructional
support state aid, the distribution of each appropriation
made pursuant to subsection 1 to subunits of the departments
and agencies shall also be in the same proportion as the
distribution to subunits of the individual appropriations
in 2009 Iowa Acts, chapter 183, section 61, subsection 1.
However, state foundation aid to school districts shall be
distributed based on 2010 Iowa Acts, House File 2519, section
20, subsection 1.
b. If good cause exists, as determined by the departments
of education and management, in coordination with the office
of the governor, adjustments may be made to distribution
proportions to the subunits other than as provided in paragraph
"a".
4. The department of management shall report to the
chairpersons and ranking members of the appropriations
committees of the senate and house of representatives and the
legislative services agency concerning any appropriations and
distributions made pursuant to this section, within two weeks
of such appropriations and distributions being made.
Sec. 10. PERFORMANCE OF DUTY. There is appropriated from
the cash reserve fund created in section 8.56 to the executive
council for the fiscal year beginning July 1, 2010, and ending
June 30, 2011, the following amount, or so much thereof as is
necessary, to be used for the purposes designated:
For performance of duty by the executive council in sections
7D.29 and 29C.20:
.................................................. $ 10,583,628
The funding from the appropriation made in this section
shall be utilized before any funding from the general fund of
the state.
Sec. 11. CASH RESERVE FUND APPROPRIATION REQUIREMENTS.
Section 8.56, subsections 3 and 4, shall not apply to any
appropriation made in this division or any other division of
this Act from the cash reserve fund created in section 8.56.
Sec. 12. CASH RESERVE FUND APPROPRIATION FOR FISCAL YEAR
2010=2011. For the fiscal year beginning July 1, 2010, and
ending June 30, 2011, the appropriation to the cash reserve
fund provided in section 8.57, subsection 1, paragraph "a",
shall not be made.
Sec. 13. Section 257.35, subsection 5, Code Supplement
2009, is amended to read as follows:
5. Notwithstanding subsection 1, and in addition to the
reduction applicable pursuant to subsection 2, the state aid
for area education agencies and the portion of the combined
district cost calculated for these agencies for each fiscal
year of the fiscal period beginning July 1, 2008, and ending
June 30, 2010 2011, shall be reduced by the department of
management by two million five hundred thousand dollars. The
reduction for each area education agency for each fiscal year
of the fiscal period beginning July 1, 2008, and ending June
30, 2010 2011, shall be prorated based on the reduction that
the agency received in the fiscal year beginning July 1, 2003.
Sec. 14. Section 426B.1, subsections 2 and 3, Code 2009, are
amended to read as follows:
2. There is appropriated on July 1 of each fiscal year
to the property tax relief fund from the general fund of
the state, ninety=five eighty=eight million four hundred
thousand dollars.
3. There is annually appropriated from the property tax
relief fund to the department of human services to supplement
the medical assistance appropriation for the fiscal year
beginning July 1, 1997, and for succeeding fiscal years,
six million six hundred thousand dollars to be used for the
nonfederal share of the costs of services provided to minors
with mental retardation under the medical assistance program
to meet the requirements of section 249A.12, subsection 4.
The appropriation in this subsection shall be charged to the
property tax relief fund prior to the distribution of moneys
from the fund under section 426B.2 and the amount of moneys
available for distribution shall be reduced accordingly.
However, the appropriation in this subsection shall be
considered to be a property tax relief payment for purposes
of the combined amount of payments required to achieve fifty
percent of the counties' base year expenditures as provided in
section 426B.2, subsection 2.
CASH RESERVE FUND == PERFORMANCE OF DUTY
Sec. 15. 2009 Iowa Acts, chapter 179, section 10, is amended
by adding the following new unnumbered paragraph:
NEW UNNUMBERED PARAGRAPH Notwithstanding section 8.33,
moneys appropriated in this section that remain unencumbered or
unobligated at the close of the fiscal year shall not revert
but shall remain available for expenditure for the purposes
designated until the close of the succeeding fiscal year.
Sec. 16. EFFECTIVE DATES AND RETROACTIVE APPLICABILITY.
1. The section of this division of this Act providing for
crediting of certain moneys received by the Iowa veterans home
to the general fund of the state, being deemed of immediate
importance, takes effect upon enactment and is retroactively
applicable to July 1, 2009, and is applicable on and after that
date.
2. The section of this division of this Act creating the
property tax credit fund, being deemed of immediate importance,
takes effect upon enactment.
3. The section of this division of this Act amending 2009
Iowa Acts, chapter 179, section 10, being deemed of immediate
importance, takes effect upon enactment.
DIVISION III
SALARIES, COMPENSATION, AND RELATED MATTERS
Sec. 17. APPOINTED STATE OFFICERS.
1. The governor shall establish a salary for appointed
nonelected persons in the executive branch of state government
holding a position enumerated in and within the salary
ranges provided in 2008 Iowa Acts, chapter 1191, section 14,
by considering, among other items, the experience of the
individual in the position, changes in the duties of the
position, the incumbent's performance of assigned duties, and
subordinates' salaries. However, the attorney general shall
establish the salary for the consumer advocate, the chief
justice of the supreme court shall establish the salary for the
state court administrator, the ethics and campaign disclosure
board shall establish the salary of the executive director, and
the Iowa public broadcasting board shall establish the salary
of the administrator of the public broadcasting division of the
department of education, each within the salary range provided
in 2008 Iowa Acts, chapter 1191, section 14.
2. The governor, in establishing salaries as provided in
this section, shall take into consideration other employee
benefits which may be provided for an individual including but
not limited to housing.
3. A person whose salary is established pursuant to this
section and who is a full=time, year=round employee of the
state shall not receive any other remuneration from the state
or from any other source for the performance of that person's
duties unless the additional remuneration is first approved by
the governor or authorized by law. However, this provision
does not exclude the reimbursement for necessary travel and
expenses incurred in the performance of duties or fringe
benefits normally provided to employees of the state.
Sec. 18. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The
various state departments, boards, commissions, councils,
and agencies, including the state board of regents, for
the fiscal year beginning July 1, 2010, and ending June 30,
2011, shall provide from available sources pay adjustments,
expense reimbursements, and related benefits to fully fund the
following:
1. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the blue collar bargaining unit.
2. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the public safety bargaining
unit.
3. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the security bargaining unit.
4. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the technical bargaining unit.
5. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the professional fiscal and
staff bargaining unit.
6. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the clerical bargaining unit.
7. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the professional social services
bargaining unit.
8. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the community=based corrections
bargaining unit.
9. The collective bargaining agreements negotiated
pursuant to chapter 20 for employees in the judicial branch of
government bargaining units.
10. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the patient care bargaining
unit.
11. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the science bargaining unit.
12. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the university of northern Iowa
faculty bargaining unit.
13. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the state university of Iowa
graduate student bargaining unit.
14. The collective bargaining agreement negotiated pursuant
to chapter 20 for employees in the state university of Iowa
hospital and clinics tertiary health care bargaining unit.
15. The annual pay adjustments, related benefits, and
expense reimbursements referred to in the sections of this
division of this Act addressing noncontract state and state
board of regents employees who are not covered by a collective
bargaining agreement.
Sec. 19. NONCONTRACT STATE EMPLOYEES == GENERAL.
1. For the fiscal year beginning July 1, 2010:
a. The maximum and minimum salary levels of all pay plans
provided for in section 8A.413, subsection 3, as they exist for
the fiscal year ending June 30, 2010, shall not increase.
b. Employees shall not receive a step increase or the
equivalent of a step increase.
c. The pay plan for noncontract judicial branch employees
shall not be increased.
d. The pay plans for state employees who are exempt
from chapter 8A, subchapter IV, and who are included in the
department of administrative services' centralized payroll
system shall not be increased, and any additional changes
in any executive branch pay plans shall be approved by the
governor.
2. This section does not apply to members of the general
assembly, board members, commission members, persons whose
salaries are set by the general assembly pursuant to this Act
or are set by the governor, or other persons designated in the
section of this division of this Act addressing appointed state
officers, employees designated under section 8A.412, subsection
5, and employees covered by 11 IAC 53.6(3).
3. The pay plans for the bargaining eligible employees of
the state shall not be increased, and any additional changes
in such executive branch pay plans shall be approved by the
governor. As used in this section, "bargaining eligible
employee" means an employee who is eligible to organize under
chapter 20, but has not done so.
4. The policies for implementation of this section shall be
approved by the governor.
Sec. 20. STATE EMPLOYEES == STATE BOARD OF REGENTS. For
the fiscal year beginning July 1, 2010, and ending June 30,
2011, funds shall be provided from available sources of the
state board of regents for funding of collective bargaining
agreements for state board of regents employees covered by
such agreements and for the following state board of regents
employees not covered by a collective bargaining agreement:
1. Regents merit system employees and merit supervisory
employees.
2. Faculty members and professional and scientific
employees.
Sec. 21. BONUS PAY. For the fiscal year beginning July
1, 2010, and ending June 30, 2011, employees of the executive
branch, judicial branch, and legislative branch shall not
receive bonus pay unless otherwise authorized by law, required
pursuant to a contract of employment entered into before July
1, 2010, or required pursuant to a collective bargaining
agreement. This section does not apply to employees of the
state board of regents. For purposes of this section, "bonus
pay" means any additional remuneration provided an employee in
the form of a bonus, including but not limited to a retention
bonus, recruitment bonus, exceptional job performance pay,
extraordinary job performance pay, exceptional performance pay,
extraordinary duty pay, or extraordinary or special duty pay,
and any extra benefit not otherwise provided to other similarly
situated employees.
Sec. 22. SPECIAL FUNDS. For the fiscal year beginning July
1, 2010, and ending June 30, 2011, salary adjustments otherwise
provided for in this Act may be funded using departmental
revolving, trust, or special funds for which the general
assembly has established an operating budget, provided doing so
does not exceed the operating budget established by the general
assembly.
Sec. 23. FEDERAL FUNDS APPROPRIATED. For the fiscal year
beginning July 1, 2010, all federal grants to and the federal
receipts of the agencies affected by this division of this Act
which are received and may be expended for purposes of this
division of this Act are appropriated for those purposes and as
set forth in the federal grants or receipts.
Sec. 24. STATE TROOPER MEAL ALLOWANCE. For the fiscal
year beginning July 1, 2010, the sworn peace officers in the
department of public safety who are not covered by a collective
bargaining agreement negotiated pursuant to chapter 20 shall
receive the same per diem meal allowance as the sworn peace
officers in the department of public safety who are covered
by a collective bargaining agreement negotiated pursuant to
chapter 20.
Sec. 25. SALARY MODEL ADMINISTRATOR. The salary model
administrator shall work in conjunction with the legislative
services agency to maintain the state's salary model used for
analyzing, comparing, and projecting state employee salary
and benefit information, including information relating to
employees of the state board of regents. The department of
revenue, the department of administrative services, the five
institutions under the jurisdiction of the state board of
regents, the judicial district departments of correctional
services, and the state department of transportation shall
provide salary data to the department of management and the
legislative services agency to operate the state's salary
model. The format and frequency of provision of the salary
data shall be determined by the department of management and
the legislative services agency. The information shall be
used in collective bargaining processes under chapter 20 and
in calculating the funding needs contained within the annual
salary adjustment legislation. A state employee organization
as defined in section 20.3, subsection 4, may request
information produced by the model, but the information provided
shall not contain information attributable to individual
employees.
Sec. 26. 2008 Iowa Acts, chapter 1191, section 14,
subsection 7, is amended to read as follows:
7. The following are range 7 positions: administrator
of the public broadcasting division of the department of
education, director of the department of corrections, director
of the department of education, director of human services,
director of the department of economic development, executive
director of the Iowa telecommunications and technology
commission, executive director of the state board of regents,
director of transportation, director of the department of
workforce development, director of revenue, director of
public health, state court administrator, director of the
department of management, chief information officer, state debt
coordinator, and director of the department of administrative
services.
DIVISION IV
APPROPRIATION REDUCTIONS
Sec. 27. APPROPRIATION REDUCTIONS == REPORT.
1. The amounts appropriated from the general fund of
the state to the departments and establishments of the
executive branch, as defined in section 8.2, but not including
appropriations to the state board of regents, for operational
purposes in enactments made for the fiscal year beginning July
1, 2010, and ending June 30, 2011, are reduced by $83,760,500.
For purposes of this section, "operational purposes"
means salary, support, administrative expenses, or other
personnel=related costs. The reductions in appropriations
required pursuant to this subsection shall be realized through
the implementation of 2010 Iowa Acts, Senate File 2062, 2010
Iowa Acts, Senate File 2088, executive order number 20 issued
December 16, 2009, and any other efficiency measure. The
reductions to operational appropriations required by this
subsection shall be applied by the department of management.
2. On or before December 1, 2010, the department of
management shall submit a report to the general assembly
and the legislative services agency regarding anticipated
reductions in appropriations for operational purposes and
anticipated reductions in full=time equivalent positions
for the fiscal year beginning July 1, 2010, and ending June
30, 2011, as required by this section. In the report, all
reductions shall be categorized in one of four categories. The
categories shall include the implementation of 2010 Iowa Acts,
Senate File 2062; the implementation of 2010 Iowa Acts, Senate
File 2088, section 65; the implementation of 2010 Iowa Acts,
Senate File 2088, sections 67 and 68; and the implementation of
both executive order number 20 issued December 16, 2009, and
any remaining provisions of 2010 Iowa Acts, Senate File 2088.
Sec. 28. CASH RESERVE TRANSFER. For the fiscal year
beginning July 1, 2010, and ending June 30, 2011, the
department of management may transfer up to five million
dollars from the cash reserve fund created in section 8.56
to appropriations addressed by this division for purposes
of offsetting the appropriation reductions required in this
division. A transfer made pursuant to the authority granted in
this section shall be subject to the reporting requirements in
section 8.39, subsections 3 and 4.
Sec. 29. DEPARTMENT OF ADMINISTRATIVE SERVICES ==
INFORMATION TECHNOLOGY. There is appropriated from the general
fund of the state to the department of administrative services
for the fiscal year beginning July 1, 2010, and ending June 30,
2011, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For implementing 2010 Iowa Acts, Senate File 2088, division
I, including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 2,300,000
DIVISION V
STATE FINANCIAL MANAGEMENT DUTIES
Sec. 30. Section 8A.502, subsection 1, Code 2009, is amended
to read as follows:
1. Centralized accounting and payroll system. To assume the
responsibilities related to a centralized accounting system
for state government and to establish a centralized payroll
system for all state agencies. However, the state board of
regents and institutions under the control of the state board
of regents shall not be required to utilize the centralized
payroll system.
Sec. 31. Section 8A.502, Code 2009, is amended by adding the
following new subsection:
NEW SUBSECTION. 8A. Budget database. To develop and make
available to the public a searchable budget database.
Sec. 32. Section 11.5B, subsection 16, if enacted by
2010 Iowa Acts, Senate File 2367, is amended by striking the
subsection.
Sec. 33. 2010 Iowa Acts, Senate File 2088, section 233, is
amended to read as follows:
SEC. 233. DEPARTMENT OF MANAGEMENT ADMINISTRATIVE
SERVICES == CENTRALIZED PAYROLL SYSTEM. The department
of management administrative services shall examine the
possibility of merging all state payroll systems into the
centralized payroll system operated by the department.
The department shall consult with those entities of state
government not utilizing the centralized payroll system,
including but not limited to the state department of
transportation, about strategies for encouraging utilization
of the state's centralized payroll system and by identifying
those barriers preventing merging of the payroll systems.
The department shall provide information to the joint
appropriations subcommittee on administration and regulation
concerning efforts by the department to merge payroll systems
and any recommendations for legislative action to encourage, or
eliminate barriers to, the provision of payroll services by the
department to other state agencies.
Sec. 34. 2010 Iowa Acts, Senate File 2088, section 234, is
amended to read as follows:
SEC. 234. DEPARTMENT OF MANAGEMENT ADMINISTRATIVE
SERVICES == PAYROLL FREQUENCY. The department of
management administrative services shall implement to the
greatest extent possible a reduction in the frequency of paying
state employees by paying employees through the payroll system
on a semimonthly instead of a biweekly basis.
Sec. 35. REPEALS. 2010 Iowa Acts, Senate File 2088,
sections 175 through 232, are repealed.
DIVISION VI
CORRECTIVE PROVISIONS
Sec. 36. Section 2.69, subsection 3, as enacted by 2010
Iowa Acts, Senate File 2088, section 420, is amended to read
as follows:
3. The members of the committee shall be reimbursed for
actual and necessary expenses incurred in the performance of
their duties and shall be paid a per diem as specified in
section 7E.6 2.10 for each day in which they engaged in the
performance of their duties. However, per diem compensation
and expenses shall not be paid when the general assembly is
actually in session at the seat of government. Expenses and
per diem shall be paid from funds appropriated pursuant to
section 2.12.
Sec. 37. Section 16.181A, subsection 1, as enacted by 2010
Iowa Acts, Senate File 2389, is amended to read as follows:
1. There is appropriated from the rebuild Iowa
infrastructure fund to the Iowa finance authority for deposit
in the housing trust fund created in section 16.181, for the
fiscal year beginning July 1, 2009, and ending beginning July
1, 2011, and for each succeeding fiscal year, the sum of three
million dollars.
Sec. 38. Section 46.3, subsection 3, Code 2009, as amended
by 2010 Iowa Acts, Senate File 2343, section 1, if enacted, is
amended to read as follows:
3. A No more than a simple majority of the commissioners
appointed shall be of the same gender.
Sec. 39. Section 97D.4, subsection 2, Code 2009, is amended
to read as follows:
2. The members of the committee shall be reimbursed for
actual and necessary expenses incurred in the performance of
their duties and shall be paid a per diem as specified in
section 7E.6 2.10 for each day in which they engaged in the
performance of their duties. However, per diem compensation
and expenses shall not be paid when the general assembly is
actually in session at the seat of government. Expenses and
per diem shall be paid from funds appropriated pursuant to
section 2.12.
Sec. 40. Section 123.43A, subsection 1, unnumbered
paragraph 1, as enacted by 2010 Iowa Acts, Senate File 2088,
section 84, is amended to read as follows:
For the purposes of this section, unless the context
other otherwise requires:
Sec. 41. Section 162.10D, subsection 2, as enacted by 2010
Iowa Acts, House File 2280, section 18, is amended to read as
follows:
2. The department may require that an owner, operator, or
employee of a commercial establishment subject to disciplinary
action under subsection 1 to complete a continuing education
program as a condition for retaining an authorization.
This section does not prevent a person from voluntarily
participating in a continuing education program.
Sec. 42. Section 216A.113, subsection 1, as enacted by 2010
Iowa Acts, Senate File 2088, section 139, is amended to read
as follows:
1. The commission on the deaf of deaf services is
established, and shall consist of seven voting members
appointed by the governor, subject to confirmation by the
senate pursuant to section 2.32. Membership of the commission
shall include at least four members who are deaf and who cannot
hear human speech with or without use of amplification and at
least one member who is hard of hearing. All members shall
reside in Iowa.
Sec. 43. Section 216C.9, subsection 1, Code 2009, as amended
by 2010 Iowa Acts, Senate File 2202, section 7, if enacted, is
amended to read as follows:
1. If a street, road, or highway in this state is newly
built or reconstructed, a curb ramp or sloped area shall be
constructed or installed at each intersection of the street,
road, or highway with a sidewalk or path. If a sidewalk or path
in this state is newly built or altered reconstructed, a curb
ramp or sloped area shall be constructed or installed at each
intersection of the sidewalk or path with a street, highway,
or road.
Sec. 44. Section 256.51, subsection 1, paragraph a, Code
2009, as amended by 2010 Iowa Acts, Senate File 2088, section
316, is amended to read as follows:
a. Determine policy for providing information service to
the three branches of state government and to the legal and
medical community in this state.
Sec. 45. Section 256F.3, subsection 1, Code 2009, as amended
by 2010 Iowa Acts, Senate File 2033, section 10, is amended to
read as follows:
1. The state board of education shall apply for a federal
grant under Pub. L. No. 107=110, cited as the federal No Child
Left Behind Act of 2001, Tit. V, Pt. B, Subpt. 1, for purposes
of providing financial assistance for the planning, program
design, and initial implementation of public charter schools.
The department shall monitor the effectiveness of charter
schools and innovation zone schools and shall implement the
applicable provisions of this chapter.
Sec. 46. Section 256F.6, subsection 3, Code 2009, is amended
to read as follows:
3. The state board of education shall provide by rule for
the ongoing review of a school board's each party's compliance
with a contract entered into in accordance with this chapter.
Sec. 47. Section 260C.44, Code 2009, as amended by 2010 Iowa
Acts, Senate File 2340, section 35, if enacted, is amended to
read as follows:
260C.44 Apprenticeship programs.
1. Each community college is authorized to establish or
contract for the establishment of apprenticeship programs
for apprenticeable occupations. Any apprenticeship program
established under this section shall comply with requirements
established by the United States department of labor,
bureau office of apprenticeship and training. Participation
in an apprenticeship program or apprenticeship agreement by an
apprenticeship sponsor shall be on a voluntary basis.
2. For purposes of this section:
a. "Apprentice" means a person who is at least sixteen
years of age, except where a higher minimum age is required by
law, who is employed in an apprenticeable occupation, and is
registered with the United States department of labor, office
of apprenticeship.
b. "Apprenticeable occupation" means an occupation approved
for apprenticeship by the United States department of labor,
office of apprenticeship and training.
c. "Apprenticeship program" means a plan, registered with
the United States office of apprenticeship which contains
the terms and conditions for the qualification, recruitment,
selection, employment, and training of apprentices, including
the requirement for a written apprenticeship agreement.
d. "Apprenticeship sponsor" means a person operating an
apprenticeship program or in whose name an apprenticeship
program is being operated, registered, or approved.
Sec. 48. Section 298.4, subsection 2, if enacted by 2010
Iowa Acts, Senate File 2237, section 103, is amended to read
as follows:
2. Unencumbered funds collected from the levies
authorized in sections 96.31, 279.46, and 296.7 prior to
July 1, 1991, may be expended for the purposes listed in
subsections subsection 1, paragraphs "a", "c", and "e".
Sec. 49. Section 317.1, Code 2009, as amended by 2010 Iowa
Acts, Senate File 2340, section 86, if enacted, is amended to
read as follows:
317.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
a. 1. "Book", "list", "record", or "schedule" kept by a
county auditor, assessor, treasurer, recorder, sheriff, or
other county officer means the county system as defined in
section 445.1.
b. 2. "Commissioner" means the county weed commissioner or
the commissioner's deputy within each county.
Sec. 50. Section 321J.2, subsection 3, paragraph d,
subparagraphs (1) and (2), if enacted by 2010 Iowa Acts, Senate
File 431, section 1, are amended to read as follows:
(1) A defendant whose alcohol concentration is .08 or
more but not more than .10 shall not be eligible for any
temporary restricted license for at least thirty days if a
test was obtained and an accident resulting in personal injury
or property damage occurred. The department shall require
the defendant shall be ordered to install an ignition interlock
device of a type approved by the commissioner of public safety
on all vehicles owned or operated by the defendant if the
defendant seeks a temporary restricted license. There shall be
no such period of ineligibility if no such accident occurred,
and the defendant shall not be ordered required to install an
ignition interlock device.
(2) A defendant whose alcohol concentration is more than .10
shall not be eligible for any temporary restricted license for
at least thirty days if a test was obtained, and an accident
resulting in personal injury or property damage occurred or the
defendant's alcohol concentration exceeded .15. There shall be
no such period of ineligibility if no such accident occurred
and the defendant's alcohol concentration did not exceed .15.
In either case, where a defendant's alcohol concentration is
more than .10, the department shall require the defendant shall
be ordered to install an ignition interlock device of a type
approved by the commissioner of public safety on all vehicles
owned or operated by the defendant if the defendant seeks a
temporary restricted license.
Sec. 51. Section 336.4, Code 2009, as amended by 2010 Iowa
Acts, Senate File 2088, section 323, is amended to read as
follows:
336.4 Library trustees.
In any area in which a library district has been established
in accordance with this chapter, a board of library
trustees, consisting of five, seven, or nine members who
resident reside within the library district, shall be appointed
by the governing bodies of the jurisdictions comprising the
library district.
Sec. 52. Section 421C.2, subsection 8, paragraph b, if
enacted by 2010 Iowa Acts, Senate File 2383, is amended to read
as follows:
b. "Third party" means an individual, institution,
corporation, or public or private agency which is or may be
liable to pay all or part of a debtor's monetary claim. "Third
party" does not include a financial institution as defined in
section 572.2 527.2.
Sec. 53. Section 435.26B, subsection 1, paragraph c, if
enacted by 2010 Iowa Acts, Senate File 2199, section 13, is
amended to read as follows:
c. A statement of the affiant's title or ownership interest
and a statement of all liens, encumbrances, or security
interest interests upon the manufactured or mobile home,
including the names and mailing addresses of all persons having
any such liens, encumbrances, or security interests.
Sec. 54. Section 455B.104, subsection 4, as enacted by 2010
Iowa Acts, Senate File 2088, section 258, is amended to read
as follows:
4. By September 1 December 31 of each year, the department
shall submit a report to the governor and the general assembly
regarding the greenhouse gas emissions in the state during
the previous calendar year and forecasting trends in such
emissions. The first submission by the department shall be
filed by September 1 December 31, 2011, for the calendar year
beginning January 1, 2010.
Sec. 55. Section 476.53, subsection 2, paragraph a, Code
2009, as amended by 2010 Iowa Acts, House File 2399, section 2,
if enacted, is amended to read as follows:
a. The general assembly's intent with regard to the
development of electric power generating and transmission
facilities, or the significant alteration of an existing
generating facility, as provided in subsection 1, shall be
implemented in a manner that is cost=effective and compatible
with the environmental policies of the state, as expressed in
Title XI.
Sec. 56. Section 489.116, subsection 4, as amended by 2010
Iowa Acts, House File 2478, section 5, if enacted, is amended
to read as follows:
4. 3. A limited liability company or foreign limited
liability company may be served pursuant to this section, as
provided in another provision of this chapter, or as provided
in sections 617.3 through 617.6, unless the manner of service
is otherwise specifically provided for by another provision of
law.
Sec. 57. Section 489.1005, subsection 2, Code 2009, is
amended to read as follows:
2. A surviving organization that is a foreign organization
consents to the jurisdiction of the courts of this state to
enforce any debt, obligation, or other liability owed by a
constituent organization, if before the merger the constituent
organization was subject to suit in this state on the debt,
obligation, or other liability. A surviving organization
that is a foreign organization and not authorized to transact
business in this state appoints the secretary of state as its
registered agent for service of process for the purposes of
enforcing a debt, obligation, or other liability under this
subsection. Service on the secretary of state under this
subsection must be made in the same manner and has the same
consequences as in section 489.116, subsections 3 2 and 4 3.
Sec. 58. Section 489.1009, subsection 3, Code 2009, is
amended to read as follows:
3. A converted organization that is a foreign organization
consents to the jurisdiction of the courts of this state to
enforce any debt, obligation, or other liability for which
the converting limited liability company is liable if, before
the conversion, the converting limited liability company was
subject to suit in this state on the debt, obligation, or
other liability. A converted organization that is a foreign
organization and not authorized to transact business in this
state appoints the secretary of state as its registered agent
for service of process for purposes of enforcing a debt,
obligation, or other liability under this subsection. Service
on the secretary of state under this subsection must be made
in the same manner and has the same consequences as in section
489.116, subsections 3 2 and 4 3.
Sec. 59. Section 489.1013, subsection 2, Code 2009, is
amended to read as follows:
2. A domesticated company that is a foreign limited
liability company consents to the jurisdiction of the courts
of this state to enforce any debt, obligation, or other
liability owed by the domesticating company, if, before the
domestication, the domesticating company was subject to suit
in this state on the debt, obligation, or other liability.
A domesticated company that is a foreign limited liability
company and not authorized to transact business in this
state appoints the secretary of state as its registered agent
for service of process for purposes of enforcing a debt,
obligation, or other liability under this subsection. Service
on the secretary of state under this subsection must be made
in the same manner and has the same consequences as in section
489.116, subsections 3 2 and 4 3.
Sec. 60. Section 508C.3, subsection 1, paragraph b,
subparagraph (2), subparagraph division (b), Code 2009, as
amended by 2010 Iowa Acts, Senate File 2272, section 1, if
enacted, is amended to read as follows:
(b) The person is not eligible for coverage by an
association described in subparagraph part division (a) in any
other state due to the fact that the insurer was not licensed
in the state at the time specified in that state's guaranty
association law.
Sec. 61. Section 514C.26, subsection 1, paragraph c,
subparagraph (2), subparagraph division (j), as enacted by 2010
Iowa Acts, House File 2075, section 1, is amended to read as
follows:
(j) Costs of extra treatments, services, procedures, tests,
or drugs that would not be performed or administered except
for participation in the cancer clinical trial. Nothing in
this subparagraph subdivision division shall limit payment for
treatments, services, procedures, tests, or drugs that are
otherwise a covered benefit under subparagraph (1).
Sec. 62. Section 543B.29, subsection 1, paragraph e,
subparagraph (2), if enacted by 2010 Iowa Acts, Senate File
2326, section 5, is amended to read as follows:
(2) The commission, when considering the revocation
or suspension of a license pursuant to this paragraph "e",
shall consider the nature of the offense; any aggravating or
extenuating circumstances which are documented; the time lapsed
since the conduct or conviction; the rehabilitation, treatment,
or restitution performed by the licensee; and any other factors
the commission deems relevant. Character references may be
required but shall not be obtained from licensed real estate
brokers or salespersons.
Sec. 63. Section 562A.29A, subsection 1, paragraph b, as
enacted by 2010 Iowa Acts, Senate File 2300, section 3, is
amended to read as follows:
b. Personal service pursuant to rules rule of civil
procedure 1.305, Iowa court rules, for the personal service of
original notice.
Sec. 64. Section 685.6, subsection 9, paragraph d, as
enacted by 2010 Iowa Acts, Senate File 2088, section 343, is
amended to read as follows:
d. At any time during which any custodian is in custody
or control of any documentary material or answers to
interrogatories produced, or transcripts of oral testimony
given, by any person in compliance with any civil investigative
demand issued under subsection 1, such person, and in the
case of an express demand for any product of discovery, the
person from whom such discovery was obtained, may file, in
the district court of the state for the judicial district
within which the office of such custodian is located, and serve
upon such custodian, a petition for an order of such court to
require the performance by the custodian of any duty imposed
upon the custodian by this section.
Sec. 65. Section 692A.102, subsection 1, paragraph c,
subparagraph (30), Code Supplement 2009, is amended to read as
follows:
(30) Enticing away a minor in violation of section 710.10,
if the violation includes an intent to commit sexual abuse,
sexual exploitation, sexual contact, or sexual conduct directed
towards a minor.
Sec. 66. Section 805.6, subsection 3, paragraph a, if
enacted by 2010 Iowa Acts, Senate File 2340, section 63, is
amended to read as follows:
a. The uniform citation and complaint shall contain
spaces for the parties' names; the address of the alleged
offender; the registration number of the offender's vehicle;
the information required by section 805.2, a warning which
states,: I hereby swear and affirm that the information
provided by me on this citation is true under penalty of
providing false information; and a statement that providing
false information is a violation of section 719.3; a list of
the scheduled fines prescribed by sections 805.8A, 805.8B, and
805.8C, either separately or by group, and a statement of the
court costs payable in scheduled violation cases, whether or
not a court appearance is required or is demanded; a brief
explanation of sections 805.9 and 805.10; and a space where the
defendant may sign an admission of the violation when permitted
by section 805.9; and the uniform citation and complaint shall
require that the defendant appear before a court at a specified
time and place. The uniform citation and complaint also may
contain a space for the imprint of a credit card, and may
contain any other information which the commissioner of public
safety, the director of transportation, and the director of the
department of natural resources may determine.
Sec. 67. Section 805.6, subsection 7, Code Supplement 2009,
as amended by 2010 Iowa Acts, Senate File 2340, section 63, if
enacted, is amended to read as follows:
9. Supplies of uniform citation and complaint forms
existing or on order on July 1, 2010, may be used until
exhausted.
Sec. 68. Section 901A.1, subsection 1, paragraph c, Code
2009, is amended to read as follows:
c. Enticing a minor away in violation of section 710.10,
subsection 1.
Sec. 69. The portion of 2010 Iowa Acts, House File 2399,
section 2, if enacted, that enacts section 476.53, subsection
3, paragraph a, subparagraph (1), unnumbered paragraph 1, is
amended by striking the unnumbered paragraph and inserting in
lieu thereof the following:
Files an application pursuant to section 476A.3 to construct
in Iowa a baseload electric power generating facility with a
nameplate generating capacity equal to or greater than three
hundred megawatts or a combined=cycle electric power generating
facility, or an alternate energy production facility as defined
in section 476.42, or to significantly alter an existing
generating facility. For purposes of this subparagraph, a
significant alteration of an existing generating facility must,
in order to qualify for establishment of ratemaking principles,
fall into one of the following categories:
Sec. 70. 2010 Iowa Acts, Senate File 431, section 5, if
enacted, is amended by striking the section and inserting in
lieu thereof the following:
SEC. 5. Section 907.3, subsection 3, paragraph c,
unnumbered paragraph 1, Code Supplement 2009, is amended to
read as follows:
A mandatory minimum sentence of incarceration imposed
pursuant to a violation of section 321J.2, subsection 1;
furthermore, the court shall not suspend any part of a sentence
not involving incarceration imposed pursuant to section 321J.2,
subsection 2 3, 4, or 5, beyond the mandatory minimum if any of
the following apply:
Sec. 71. 2010 Iowa Acts, Senate File 2237, section 180,
subsection 4, paragraph a, as enacted, is amended to read as
follows:
a. The Code editor is directed to strike the words "title"
or "Title" and insert "Tit." within federal Act references
in sections 13.31, subsections 1 and 6; 15E.192, subsection
2; 15E.195, subsections 1 and 2; 30.1, subsection 3; 47.1,
subsection 5; 96.11, subsection 10, paragraph "c"; 97C.1;
97C.2, subsections 2, 5, and 7; 97C.3, unnumbered paragraph
1, and subsections 1 and 2; 135C.9, subsection 1, paragraph
"b"; 142A.8, subsection 2; 203C.1, subsection 26; 207.21,
subsections 1, 4, and 5; 207.22, subsection 3, paragraph
"b"; 217.38; 228.1, subsection 7; 230.20, subsection 6;
232.1A; 234.6, subsection 1; 249.1, subsection 3; 249A.2,
subsections 1, 4, 6, 7, and 8; 249A.20A, subsection 5; 249A.24,
subsection 2, paragraph "b"; 249B.1, subsections 6 and 7;
249F.1, subsection 1; 249F.8; 249J.3, subsection 8; 249J.10,
subsection 3; 249J.22, subsection 3; 252B.6, subsection
3; 252B.9, subsection 2, paragraph "b", subparagraph (1),
subsection 3, paragraphs "c", "d", "e", subparagraph (1), and
"f"; 252B.14, subsection 5; 252D.20; 252E.15; 259.2, unnumbered
paragraph 2; 259.9; 260C.18A, subsection 2, paragraph "c";
306B.1, subsections 3 and 4; 307.10, subsection 13; 321.105,
subsection 5; 321.450, subsections 1 and 3; 403.6, subsection
7; 455B.133, subsection 3 and subsection 8, paragraph "a";
459A.102, subsection 19; 483A.4, subsection 1; 486A.101,
subsection 2, paragraph "a"; 488.102, subsection 3, paragraph
"a"; 490A.102, subsection 2; 514.7, subsections 2 through
4; 514B.1, subsection 5, paragraphs "b" though through "d";
514C.8, subsection 1; 514F.4, subsection 2, paragraph "a";
514I.9, subsection 1; 523A.401, subsection 5, paragraph "a";
523A.402, subsection 5, paragraph "a"; 523A.602, subsection 3;
534.205, subsection 1; 541A.1, subsection 8, paragraph "b",
subparagraph (2); and 541A.6, Code 2009.
Sec. 72. 2010 Iowa Acts, Senate File 2366, section 16, if
enacted, is amended to read as follows:
SEC. 16. EFFECTIVE DATE == APPLICABILITY. This section The
sections of this division of this Act providing for transfers
involving the college student aid commission and the department
of inspections and appeals are retroactively applicable to
December 14, 2009, and apply in lieu of the transfers made for
the same purposes by the executive branch, as reported by the
department of management in the transfer notices dated December
14, 2009.
Sec. 73. 2010 Iowa Acts, Senate File 2366, section 23,
subsection 2, if enacted, is amended to read as follows:
2. The costs associated with implementation of this
division of this Act shall be funded exclusively through moneys
appropriated from the quality assurance trust fund, and shall
result in budget neutrality to the general fund of the state
for the fiscal year beginning July 1, 2009, and ending June 30,
2010.
Sec. 74. REPEAL. 2010 Iowa Acts, House File 2280, section
25, is repealed.
Sec. 75. REPEAL. 2010 Iowa Acts, House File 2452, section
3, is repealed.
Sec. 76. REPEAL. 2010 Iowa Acts, Senate File 2340, section
117, is repealed.
Sec. 77. CONDITIONAL EFFECTIVE DATE. The sections of this
division of this Act amending sections 489.1005, 489.1009, and
489.1013, take effect only if 2010 Iowa Acts, House File 2478,
is enacted.
Sec. 78. CONDITIONAL EFFECTIVE DATE. The sections of this
division of this Act amending section 692A.102, subsection
1, paragraph "c", subparagraph (30), and section 901A.1,
subsection 1, paragraph "c", take effect only if 2010 Iowa
Acts, House File 2438, is enacted.
Sec. 79. CONTINGENT EFFECTIVE DATE. The section of this
division of this Act amending section 805.6, subsection 7,
takes effect only if 2010 Iowa Acts, Senate File 2197, is
enacted.
Sec. 80. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
APPLICABILITY. The following sections of this division of this
Act, being deemed of immediate importance, take effect upon
enactment and apply retroactively as follows:
1. The section of this division of this Act amending section
162.10D, subsection 2, as enacted by 2010 Iowa Acts, House File
2280, section 18, applies retroactively to March 9, 2010.
2. The section of this division of this Act amending section
216A.113, subsection 1, as enacted by 2010 Iowa Acts, Senate
File 2088, section 139, applies retroactively to March 10,
2010.
3. The section of this division of this Act amending section
256.51, subsection 1, paragraph "a", Code 2009, as amended
by 2010 Iowa Acts, Senate File 2088, section 316, applies
retroactively to March 10, 2010.
4. The section of this division of this Act amending section
435.26B, subsection 1, paragraph "c", if enacted by 2010 Iowa
Acts, Senate File 2199, section 13, applies retroactively to
the effective date of 2010 Iowa Acts, Senate File 2199.
5. The section of this division of this Act amending section
562A.29A, subsection 1, paragraph "b", as enacted by 2010 Iowa
Acts, Senate File 2300, section 3, applies retroactively to
March 2, 2010.
6. The section of this division of this Act amending
the portion of 2010 Iowa Acts, House File 2399, section 2,
that enacts section 476.53, subsection 3, paragraph "a",
subparagraph (1), unnumbered paragraph 1, applies retroactively
to March 9, 2010.
7. The section of this division of this Act repealing 2010
Iowa Acts, House File 2280, section 25, applies retroactively
to March 9, 2010.
8. The section of this division of this Act amending 2010
Iowa Acts, Senate File 2366, section 16.
Sec. 81. EFFECTIVE DATE. The following sections of this
division of this Act take effect December 1, 2010:
1. The section of this division of this Act amending section
321J.2, subsection 3, paragraph "d", subparagraphs (1) and (2),
if enacted by 2010 Iowa Acts, Senate File 431, section 1.
2. The section of this division of this Act repealing 2010
Iowa Acts, House File 2452, section 3, if 2010 Iowa Acts,
Senate File 431, is enacted.
3. The section of this division of this Act amending 2010
Iowa Acts, Senate File 431, section 5, if 2010 Iowa Acts,
Senate File 431, is enacted.
DIVISION VII
MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
Sec. 82. DEPARTMENT OF CULTURAL AFFAIRS == MERCHANT MARINE
BONUS FUND. There is appropriated from the merchant marine
bonus fund of the state to the department of cultural affairs
for the fiscal year beginning July 1, 2010, and ending June 30,
2011, any moneys remaining in the fund after the appropriation
made pursuant to 2010 Iowa Acts, House File 2526, to be used
for any costs relating to a study of the U.S.S. Iowa and for
departmental salaries, support, maintenance, and miscellaneous
purposes.
Notwithstanding section 8.33, moneys appropriated in this
section that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 83. IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE
TANK FUND == APPROPRIATIONS. There is appropriated from the
Iowa comprehensive petroleum underground storage tank fund
created in section 455G.3 to the following departments and
agencies for the fiscal year beginning July 1, 2010, and ending
June 30, 2011, the following amounts, or so much thereof
as is necessary, to be used for the purposes designated,
notwithstanding section 455G.3, subsection 1:
1. DEPARTMENT OF PUBLIC HEALTH == BOARD OF PHARMACY
For continuation of the pharmaceutical collection and
disposal pilot program established pursuant to 2009 Iowa Acts,
chapter 175, section 9:
.................................................. $ 150,000
2. DEPARTMENT OF ADMINISTRATIVE SERVICES
For costs associated with providing autism spectrum
disorders coverage pursuant to section 514C.26, as enacted by
this Act:
.................................................. $ 140,000
3. STATE BOARD OF REGENTS
a. For the state school for the deaf:
.................................................. $ 233,000
b. For Iowa braille and sight saving school:
.................................................. $ 137,000
4. DEPARTMENT OF EDUCATION == VOCATIONAL REHABILITATION
SERVICES DIVISION
For a program for farmers with disabilities:
.................................................. $ 97,000
The funds appropriated in this subsection shall be used
for the public purpose of providing a grant to a national
nonprofit organization with over 80 years of experience in
assisting children and adults with disabilities and special
needs. The funds shall be used for a nationally recognized
program that began in 1986 and has been replicated in at least
30 other states, but which is not available through any other
entity in this state, that provides assistance to farmers
with disabilities in all 99 counties to allow the farmers
to remain in their own homes and be gainfully engaged in
farming through provision of agricultural worksite and home
modification consultations, peer support services, services
to families, information and referral, and equipment loan
services. Notwithstanding section 8.33, moneys appropriated
in this section that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated until the
close of the succeeding fiscal year.
5. DEPARTMENT OF HUMAN SERVICES
For restoring for the fiscal year beginning July 1, 2010, a
portion of the reimbursement rate reduction that was applied
in the previous fiscal year to adoption, family foster care,
group foster care, and supervised apartment living services
providers, to implement appropriations reductions applied
pursuant to executive order number 19 issued October 8, 2010:
.................................................. $ 1,000,000
The department shall increase the reimbursement rates
otherwise specified in 2010 Iowa Acts, House File 2526, if
enacted, for the designated services providers by an equal
percentage in order to fully utilize the amount appropriated
in this subsection.
6. DEPARTMENT OF COMMERCE == DIVISION OF INSURANCE
For costs associated with establishing the Iowa insurance
information exchange pursuant to section 505.32, if enacted by
2010 Iowa Acts, Senate File 2356:
.................................................. $ 150,000
Sec. 84. FISCAL YEAR 2009=2010 == APPROPRIATIONS. There
is appropriated from the general fund of the state to the
following departments and agencies for the fiscal year
beginning July 1, 2009, and ending June 30, 2010, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
1. DEPARTMENT OF MANAGEMENT
For salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 200,000
2. DEPARTMENT OF REVENUE
For the duties of the office of the state debt coordinator
established in 2010 Iowa Acts, Senate File 2383, if enacted,
including salaries, support, maintenance, services,
advertising, miscellaneous purposes, and for not more than the
following full=time equivalent positions:
.................................................. $ 300,000
........................................... FTEs 3.00
For the period beginning on the effective date of the section
establishing the debt amnesty program in 2010 Iowa Acts, Senate
File 2383, through November 30, 2010, or when the program is
ended, whichever is later, an amount of the proceeds collected
by the program equal to the administrative, advertising, and
other costs of the program shall be considered repayment
receipts, as defined in section 8.2, and shall be used by the
office of the state debt coordinator for those costs.
Notwithstanding section 8.33, moneys appropriated in this
section that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 85. SAC AND FOX INDIAN SETTLEMENT == EDUCATIONAL
EXPENSES. There is appropriated from the Iowa comprehensive
petroleum underground storage tank fund to the department of
education for the fiscal year beginning July 1, 2010, and
ending June 30, 2011, the following amount, or so much thereof
as is necessary, to be used for the purposes designated:
Notwithstanding section 455G.3, subsection 1, for
distribution to the tribal council of the Sac and Fox Indian
settlement located on land held in trust by the secretary
of the interior of the United States. Moneys appropriated
under this section shall be used for the purposes specified in
section 256.30:
.................................................. $ 90,000
Sec. 86. SCHOOL READY CHILDREN GRANT REQUIREMENT. For the
fiscal year beginning July 1, 2010, and ending June 30, 2011,
the early childhood Iowa state board may grant a school ready
children grant waiver as to the required percentage of family
support program to be committed to a home visitation component
to an early childhood Iowa area that is funding the teaching
interventions to empower and strengthen families program and is
more than 10 percent away from meeting the required percentage.
Sec. 87. MEDICAID FRAUD ACCOUNT == DEPARTMENT OF
INSPECTIONS AND APPEALS. There is appropriated from the
Medicaid fraud account created in section 249A.7 to the
department of inspections and appeals for the fiscal year
beginning July 1, 2010, and ending June 30, 2011, the following
amount or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, miscellaneous purposes,
administration, and other costs associated with implementation
of 2010 Iowa Acts, Senate File 2333, if enacted:
.................................................. $ 250,000
Sec. 88. TAIWAN TRADE OFFICE == IOWA COMPREHENSIVE
PETROLEUM UNDERGROUND STORAGE TANK FUND. There is appropriated
from the Iowa comprehensive petroleum underground storage tank
fund to the department of economic development for the fiscal
year beginning July 1, 2010, and ending June 30, 2011, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
Notwithstanding section 455G.3, subsection 1, for
establishing a trade office in Taipei, Taiwan:
.................................................. $ 100,000
If the department cannot arrange for matching moneys from
another source in an amount at least equal to the appropriation
made in this section, the moneys appropriated in this section
shall revert to the Iowa comprehensive petroleum underground
storage tank fund.
Sec. 89. INSURANCE DIVISION. There is appropriated from the
department of commerce revolving fund created in section 546.12
to the insurance division of the department of commerce for the
fiscal year beginning July 1, 2010, and ending June 30, 2011,
the following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full=time equivalent
positions:
.................................................. $ 55,000
............................................... FTEs 1.00
Sec. 90. CASH RESERVE FUND APPROPRIATIONS. There is
appropriated from the cash reserve fund created in section 8.56
to the following departments and agencies for the fiscal year
beginning July 1, 2010, and ending June 30, 2011, the following
amounts to be used for the purposes designated:
1. DEPARTMENT OF HUMAN SERVICES
For the medical assistance program:
.................................................. $187,800,000
2. DEPARTMENT OF MANAGEMENT
For salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 260,000
3. DEPARTMENT OF EDUCATION
a. To provide funding in addition to the amount appropriated
in 2010 Iowa Acts, Senate File 2376, section 6, subsection
14, for allocation to eligible school districts for the
four=year=old preschool program under chapter 256C:
.................................................. $ 4,000,000
b. For school districts to provide direct services to the
most at=risk senior high school students enrolled in school
districts through direct intervention by a jobs for America's
graduates specialist:
.................................................. $ 540,000
4. DEPARTMENT OF NATURAL RESOURCES
For operations, notwithstanding restrictions otherwise
applicable under 2010 Iowa Acts, House File 2525, relating to
private buildings, if enacted:
.................................................. $ 300,000
5. DEPARTMENT OF HUMAN SERVICES
For funding of shelter care in addition to the amount
allocated for this purpose in the appropriation for child and
family services in 2010 Iowa Acts, House File 2526, if enacted:
.................................................. $ 500,000
6. OFFICE OF ENERGY INDEPENDENCE
For deposit in the Iowa power fund:
.................................................. $ 2,000,000
7. IOWA FINANCE AUTHORITY
a. To a county with a population between 189,000 and
196,000 in the last preceding certified federal census for
rehabilitation of a flood damaged public service center:
.................................................. $ 4,500,000
b. To a city with a population between 120,500 and
120,800 in the last preceding certified federal census for
rehabilitation and renovation of a federal courthouse and to
meet federal flood mitigation standards:
.................................................. $ 2,100,000
Sec. 91. APPROPRIATION ADJUSTMENTS == DEPARTMENT OF
ADMINISTRATIVE SERVICES. The appropriations to the department
of administrative services for the fiscal year beginning July
1, 2010, in 2010 Iowa Acts, Senate File 2367, from the general
fund of the state shall be increased by $2,761,100. The number
of full=time equivalent positions authorized for the department
of administrative services for the fiscal year beginning
July 1, 2010, in 2010 Iowa Acts, Senate File 2367, shall be
increased by 34.40.
Sec. 92. APPROPRIATION ADJUSTMENTS == DEPARTMENT OF
MANAGEMENT. The appropriations to the department of management
for the fiscal year beginning July 1, 2010, in 2010 Iowa Acts,
Senate File 2367, from the general fund of the state shall be
decreased by $2,761,100. The number of full=time equivalent
positions authorized for the department of management for the
fiscal year beginning July 1, 2010, in 2010 Iowa Acts, Senate
File 2367, shall be decreased by 34.40.
Sec. 93. RAILROAD COMPANY == LIMITED LIABILITY. A railroad
company which alters facilities described in section 327F.2
pursuant to a written agreement executed on or before December
31, 2011 with a political subdivision with a population of
more than 15,100, but less than 15,150, according to the 2000
certified federal census, to construct a flood mitigation
project shall receive the limitation on liability contained
in section 670.4, subsection 8, for its facilities described
in section 327F.2 governed by the written agreement for any
damages caused by the alteration due to a flood.
Sec. 94. IOWA PHARMACY RECOVERY NETWORK. The board of
pharmacy may use fees retained by the board pursuant to the
authority granted in section 147.82 for purposes of supporting
the Iowa pharmacy recovery network.
Sec. 95. RENEWABLE BIOMASS. It is the intent of the general
assembly that the Iowa power fund board and the department of
economic development use moneys appropriated to the Iowa power
fund and the department of economic development to encourage
projects utilizing biomass made from renewable biomass to
produce inputs for agricultural purposes that replace products
that are produced using fossil fuels as the raw materials. The
projects shall include but not be limited to products such as
anhydrous ammonia.
Sec. 96. DEPARTMENT OF CULTURAL AFFAIRS. The department
of cultural affairs, in its capacity as the state historic
preservation officer and consulting party for the purpose of
satisfying the requirements of the federal National Historic
Preservation Act, shall be no more restrictive than the federal
agency for which it is acting as such consulting party.
Sec. 97. BRAILLE AND SIGHT SAVING SCHOOL STUDY.
1. The state board of regents shall conduct a study to
examine possible changes to and make recommendations regarding
the current structure for providing residential services on
the campus of the Iowa braille and sight saving school and
to make recommendations regarding appropriate facilities and
facility utilization. The study shall also examine potential
partnerships with other state agencies as well as private
providers of residential services.
2. For purposes of conducting the study, the state board of
regents shall form a committee with representatives of all of
the following:
a. Parents of students who are blind or visually impaired.
b. Constituent organizations for the blind or visually
impaired.
c. The department of education.
d. The department for the blind.
e. The department of human services.
f. Area education agencies.
g. School boards and school board administrators.
h. The governor's developmental disabilities council.
i. Administration of the statewide system for vision
services.
j. Administration of the Iowa school for the deaf.
3. By August 31, 2010, the state board of regents shall
submit a report of the study to the legislative council.
Sec. 98. PUBLIC LIBRARY SUPPORT LEVY == ELECTION DATE.
1. Notwithstanding the election date required under
section 384.12, subsections 1 and 21, a city may submit a
proposition relating to a public library property tax levy to
the electorate on a date specified in section 39.2, subsection
4, paragraph "b", if all of the following conditions are met:
a. The city is located in whole or in part in an area that
the governor proclaimed a disaster emergency or the president
of the United States declared a major disaster, as the result
of a natural disaster occurring during the period of time
beginning May 1, 2008, and ending August 1, 2008.
b. The city contains a public library that was damaged by
the natural disaster described in paragraph "a".
2. An election under subsection 1 shall be held not later
than August 2, 2011.
Sec. 99. MH/MR/DD SERVICES FUND TRANSFER. Notwithstanding
section 331.424A, subsection 5, and section 331.432, subsection
3, for the fiscal year beginning July 1, 2010, and ending June
30, 2011, a county may transfer moneys from other funds of the
county to the county's mental health, mental retardation, and
developmental disabilities services fund created in section
331.424A. A county transferring moneys from other funds of the
county to the county's services fund pursuant to this section
shall submit a report detailing the transfers made and funds
affected. The county shall submit the report along with the
county expenditure and information report submitted by December
1, 2010, in accordance with section 331.439.
Sec. 100. PLUMBERS, MECHANICAL PROFESSIONALS, AND
CONTRACTORS == EFFECTIVE UPON ENACTMENT.
1. Notwithstanding the provisions of section 105.18,
subsection 2, paragraph "c", subparagraph (3), to the contrary,
the plumbing and mechanical systems board shall, through
September 30, 2010, allow a person who has not previously held
a license issued under section 105.18 to sit for the state
master licensing examination for the applicable discipline if
that person submits evidence of work experience which the board
deems to be equivalent to forty=eight months experience as a
licensed master in the applicable discipline.
2. This section, being deemed of immediate importance,
takes effect upon enactment.
Sec. 101. LIMITED LIABILITY COMPANIES == BIENNIAL REPORTS.
1. The biennial report fee, as determined by the secretary
of state in accordance with section 490A.1320, subsection 1,
received for reports filed on or after July 1, 2006, shall
be credited to the general fund of the state. The biennial
report fee shall be due at the time the report is filed. On
or after July 1, 2006, such biennial reports shall be due
in even=numbered calendar years during the period beginning
January 1, and ending April 1, and shall contain information
relating to the two=year period immediately preceding the
calendar year in which the report is filed.
2. a. This section, being deemed of immediate importance,
takes effect upon enactment and applies retroactively to July
1, 2006.
b. A limited liability company that has not filed the
biennial report for 2008 or 2010 shall file such report on or
before June 30, 2010.
Sec. 102. Section 8D.13, subsection 5, Code 2009, is amended
to read as follows:
5.a. The state shall lease all fiberoptic cable
facilities or facilities with DS=3 sufficient capacity as
determined by the commission for Part III connections, for
which state funding is provided. The state shall lease
all fiberoptic cable facilities or facilities with DS=3 or
DS=1 capacity for the judicial branch, judicial district
department departments of correctional services, and state
agency connections for which state funding is provided. In
determining the capacity to be provided, the commission
shall consult with the authorized users associated with
the Part III connections, the judicial branch, the judicial
district departments of correctional services, and state
agencies associated with connections for which state funding
is provided. Such facilities shall be leased from qualified
providers. The state shall not own such facilities, except for
those facilities owned by the state as of January 1, 1994.
b. The lease provisions of this subsection do not apply to a
school district which elects to provide one hundred percent of
the financing for the district's connection.
Sec. 103. Section 16.100A, subsection 6, paragraph d, Code
Supplement 2009, is amended to read as follows:
d. General public members shall be reimbursed by the Iowa
finance authority for actual and necessary expenses incurred
while engaged in their official duties. Expense payments shall
be made from appropriations made for purposes of this section.
Sec. 104. Section 16.181, subsection 1, paragraph a, Code
Supplement 2009, is amended to read as follows:
a. A housing trust fund is created within the authority.
The moneys in the housing trust fund are annually appropriated
to the authority to be used for the development and
preservation of affordable housing for low=income people in
the state and for the Iowa mortgage help initiative. Payment
of interest, recaptures of awards, or other repayments
to the housing trust fund shall be deposited in the fund.
Notwithstanding section 12C.7, interest or earnings on moneys
in the housing trust fund or appropriated to the fund shall
be credited to the fund. Notwithstanding section 8.33,
unencumbered and unobligated moneys remaining in the fund
at the close of each fiscal year shall not revert but shall
remain available for expenditure for the same purposes in the
succeeding fiscal year.
Sec. 105. NEW SECTION. 16.188 Workforce housing assistance
grant fund.
1. A workforce housing assistance grant fund is created
under the authority of the Iowa finance authority. The fund
shall consist of appropriations made to the fund. The fund
shall be separate from the general fund of the state and the
balance in the fund shall not be considered part of the balance
of the general fund of the state. However, the fund shall be
considered a special account for the purposes of section 8.53,
relating to generally accepted accounting principles.
2. Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the fund shall be credited to the fund.
3. a. Moneys in the fund in a fiscal year are appropriated
to the Iowa finance authority to be used for grants for
projects that create workforce housing or for projects that
include adaptive reuse of buildings for workforce housing. For
purposes of this section, "workforce housing" means housing that
is affordable for a household whose income does not exceed one
hundred twenty percent of the median income for the area.
b. Priority shall be given to the following types of
projects:
(1) Projects that are eligible for historic preservation
and cultural and entertainment district tax credits under
section 404A.1.
(2) Projects for the construction of new single=family
dwellings that incorporate one or more energy=efficient
measures. The authority shall by rule identify the types of
energy=efficient measures that will qualify a project for
priority under this subparagraph.
(3) Projects that utilize new markets tax credits,
established under the federal Community Renewal Tax Relief Act
of 2000, Pub. L. No. 106=554, 114 Stat. 2763A, and undertaken
by a qualified community development entity, as defined in the
federal Act.
(4) Projects that are located in an area where other state
funding has been used to support the creation of new jobs.
c. In any fiscal year, an area shall not receive grants
totaling more than twenty=five percent of the moneys expended
from the fund in that fiscal year. For purposes of this
paragraph, "area" means the same area used to determine the
median income under paragraph "a".
4. Annually, on or before January 15 of each year, the
authority shall report to the legislative services agency and
the department of management the status of all projects that
received moneys from the workforce housing assistance grant
fund. The report shall include a description of each project,
the progress of work completed, the total estimated cost of
each project, a list of all revenue sources being used to fund
each project, the amount of funds expended, the amount of
funds obligated, and the date each project was completed or an
estimated completion date of each project, where applicable.
5. Payment of moneys from appropriations from the fund shall
be made in a manner that does not adversely affect the tax
exempt status of any outstanding bonds issued by the treasurer
of state pursuant to section 12.87.
6. The authority shall adopt rules pursuant to chapter 17A
to administer this section.
Sec. 106. Section 469.9, Code Supplement 2009, is amended by
adding the following new subsection:
NEW SUBSECTION. 4A. a. During the period of funding for
the Iowa power fund as provided in section 469.10, the office
of energy independence shall collect data on all grants and
loans approved for funding. The department of management and
the state agencies associated with the grants and loans shall
assist the office with the data collection and in developing
the report required by this subsection. The office shall
report quarterly to the governor and the general assembly
concerning the data.
b. The report shall include but is not limited to all of the
following:
(1) The nature of each grant or loan and its purpose.
(2) The status of each grant or loan and the amount and
percentage of power fund moneys expended for the grant or loan.
(3) The outside funding that is matched or leveraged by
power fund moneys.
(4) The number of jobs created or retained due to each grant
or loan.
(5) For each grant or loan, the names of the grant or
loan contractors, their state of residence, and the state of
residence of the contractors' employees.
c. The office shall maintain an internet site that allows
citizens to track data on a county=by=county basis.
Sec. 107. Section 20.19, Code 2009, is amended to read as
follows:
20.19 Impasse procedures == agreement of parties.
1. As the first step in the performance of their duty to
bargain, the public employer and the employee organization
shall endeavor to agree upon impasse procedures. Such
agreement shall provide for implementation of these impasse
procedures not later than one hundred twenty days prior to
the certified budget submission date of the public employer.
However, if public employees represented by the employee
organization are teachers licensed under chapter 272, and the
public employer is a school district or area education agency,
the agreement shall provide for implementation of impasse
procedures not later than one hundred twenty days prior to May
31 of the year when the collective bargaining agreement is
to become effective. If the public employer is a community
college, the agreement shall provide for implementation of
impasse procedures not later than one hundred twenty days prior
to May 31 of the year when the collective bargaining agreement
is to become effective. If the public employer is not subject
to the budget certification requirements of section 24.17 and
other applicable sections, the agreement shall provide for
implementation of impasse procedures not later than one hundred
twenty days prior to the date the next fiscal or budget year of
the public employer commences. If the parties fail to agree
upon impasse procedures under the provisions of this section,
the impasse procedures provided in sections 20.20 to 20.22
shall apply.
2. Parties who by agreement are utilizing a cooperative
alternative bargaining process shall, at the outset of such
process, agree upon a method and schedule for the completion
of impasse procedures should they fail to reach a collective
bargaining agreement through the use of such alternative
bargaining process.
Sec. 108. Section 20.20, Code 2009, is amended to read as
follows:
20.20 Mediation.
In the absence of an impasse agreement negotiated pursuant
to section 20.19 or the failure of either party to utilize its
procedures, one hundred twenty days prior to the certified
budget submission date, or one hundred twenty days prior to
May 31 of the year when the collective bargaining agreement
is to become effective if public employees represented by the
employee organization are teachers licensed under chapter
272 and the public employer is a school district or area
education agency, the board shall, upon the request of either
party, appoint an impartial and disinterested person to act
as mediator. If the public employer is a community college,
and in the absence of an impasse agreement negotiated pursuant
to section 20.19 or the failure of either party to utilize
its procedures, one hundred twenty days prior to May 31
of the year when the collective bargaining agreement is to
become effective, the board, upon the request of either party,
shall appoint an impartial and disinterested person to act as
mediator. If the public employer is not subject to the budget
certification requirements of section 24.17 or other applicable
sections and in the absence of an impasse agreement negotiated
pursuant to section 20.19, or the failure of either party to
utilize its procedures, one hundred twenty days prior to the
date the next fiscal or budget year of the public employer
commences, the board, upon the request of either party, shall
appoint an impartial and disinterested person to act as a
mediator. It shall be the function of the mediator to bring
the parties together to effectuate a settlement of the dispute,
but the mediator may not compel the parties to agree.
Sec. 109. Section 99B.12A, unnumbered paragraph 1, Code
2009, is amended to read as follows:
An organization that is exempt from federal income taxes
under section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6),
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal
Revenue Code as defined in section 422.3, A person shall be
authorized to conduct a bingo occasion without a license as
otherwise required by this chapter if all of the following
requirements are met:
Sec. 110. Section 99B.17, Code 2009, is amended to read as
follows:
99B.17 Gambling on credit unlawful == exception.
1. A person who tenders and a person who receives any
promise, agreement, note, bill, bond, contract, mortgage or
other security, or any negotiable instrument, as consideration
for any wager or bet, whether or not lawfully conducted or
engaged in pursuant to this chapter, commits a misdemeanor.
However, a participant in a bingo occasion or in a contest
lawful under section 99B.11 may make payment by personal check
for any entry or participation fee assessed by the sponsor of
the bingo occasion or contest.
2. A participant in a raffle conducted by an eligible
qualified organization may purchase raffle tickets by personal
check, money order, bank check, cashier's check, electronic
check, or debit card for one raffle conducted by the eligible
qualified organization during a calendar year. The department
shall adopt rules setting minimum standards concerning the
purchase of raffle tickets as authorized by this subsection
which shall ensure compliance with applicable federal law and
for the protection of personal information consistent with
payment card industry compliance regulations. For purposes
of this subsection, an "eligible qualified organization" is a
qualified organization that has conducted a raffle pursuant to
section 99B.7 during the previous eight consecutive calendar
years in which the net proceeds are distributed to a museum.
Sec. 111. Section 123.30, subsection 3, paragraph e,
subparagraph (1), Code Supplement 2009, is amended to read as
follows:
(1) A class "E" liquor control license may be issued and
shall authorize the holder to purchase alcoholic liquor from
the division only and high alcoholic content beer from a class
"AA" beer permittee only and to sell the alcoholic liquor and
high alcoholic content beer to patrons for consumption off
the licensed premises and to other liquor control licensees.
A class "E" license shall not be issued to premises at which
gasoline is sold. A holder of a class "E" liquor control
license may hold other retail liquor control licenses or
retail wine or beer permits, but the premises licensed under a
class "E" liquor control license shall be separate from other
licensed premises, though the separate premises may have a
common entrance. However, the holder of a class "E" liquor
control license may also hold a class "B" wine or class "C"
beer permit or both for the premises licensed under a class "E"
liquor control license.
Sec. 112. Section 155A.6A, subsection 3, Code 2009, is
amended to read as follows:
3. a. Beginning July 1, 2009 December 31, 2012, a person
who is in the process of acquiring national certification
as a pharmacy technician and who is in training to become a
pharmacy technician shall register with the board as a pharmacy
technician. The registration shall be issued for a period not
to exceed one year and shall not be renewable.
b. A person who is registered as a pharmacy technician or a
pharmacy technician trainee prior to January 1, 2010, who has
worked as a pharmacy technician or pharmacy technician trainee
for a minimum of two thousand hours in the previous eighteen
months under the direction of a licensed pharmacist shall have
until December 31, 2013, to attain certification pursuant to
this section. The supervising pharmacist shall be responsible
for verifying with the Iowa board of pharmacy that any person
affected by this paragraph continues to have a minimum of two
thousand hours of supervised training in any eighteen=month
period of time between January 1, 2010, and December 31, 2013.
Sec. 113. Section 174.1, subsection 2, paragraphs b and c,
Code 2009, are amended to read as follows:
b. The organization owns buildings and other improvements
situated on the fairgrounds which have been specially
constructed for purposes of conducting a fair event.
c. The market value of the fairgrounds and buildings and
other improvements located on the fairgrounds is at least
eighty twenty=five thousand dollars.
Sec. 114. Section 174.1, subsection 3, Code 2009, is amended
to read as follows:
3. "Fair event" means an annual gathering of the public
on fairgrounds that incorporates agricultural exhibits,
demonstrations, shows, or competitions and which includes all
of the following:
a. Programs that include programs or projects sponsored by
4=H clubs, future farmers of America, or the Iowa cooperative
extension service in agriculture and home economics of Iowa
state university. Other activities may include any of the
following:
b. a. Commercial exhibits sponsored by manufacturers or
other businesses.
c. b. Educational programs or exhibits sponsored by
governmental entities or nonprofit organizations.
d. c. Competition in culinary arts, fine arts, or home
craft arts.
Sec. 115. Section 237.3, subsection 2, paragraph f, Code
Supplement 2009, is amended to read as follows:
f. Housing, health, safety, and medical care policies
for children receiving child foster care. The medical care
policies shall include but are not limited to all of the
following:
(1) Provision by the department to the foster care provider
at or before the time of a child's placement of the child's
health records and any other information possessed or known
about the health of the child or about a member of the child's
family that pertains to the child's health.
(2) If the health records supplied in accordance with
the child's case permanency plan to the foster care provider
are incomplete or the provider requests specific health
information, provision for obtaining additional health
information from the child's parent or other source and
supplying the additional information to the foster care
provider.
(3) Provision for emergency health coverage of the child
while the child is engaged in temporary out=of=state travel
with the child's foster family.
Sec. 116. Section 237.3, subsection 2, paragraph k,
subparagraph (1), Code Supplement 2009, is amended to read as
follows:
(1) Receiving information prior to the child's placement
regarding risk factors concerning the child that are known to
the department, including but not limited to notice if the
child is required to register under chapter 692A.
Sec. 117. 2010 Iowa Acts, Senate File 2378, section 20,
subsection 1, if enacted, is amended to read as follows:
1. A public safety enforcement fund is created in the
state treasury under the control of the treasurer of state.
Notwithstanding section 602.8108, after the necessary amount is
remitted for deposit in the Iowa prison infrastructure fund as
provided in section 602.8108A, the state court administrator
shall allocate to the treasurer of state for deposit in the
public safety enforcement fund the first next nine million one
hundred thousand dollars of the moneys received under section
602.8108, subsection 2, during the fiscal year beginning July
1, 2010, and ending June 30, 2011. Moneys deposited into the
fund are appropriated to the treasurer of state for allocation
as provided in subsection 2.
Sec. 118. Section 256.9, Code Supplement 2009, is amended by
adding the following new subsection:
NEW SUBSECTION. 18A. The department shall compile the
financial information related to chapters 423E and 423F from
the certified annual reports of each school district received
pursuant to section 291.10, subsection 2, and shall submit the
information to the general assembly in an annual report each
February 1.
Sec. 119. NEW SECTION. 261D.4 Payment of dues.
On an annual basis, the department of management shall
apportion the dues assessed for membership in the midwestern
higher education compact to various sectors of education
including the department of education, the community college
trustees, the Iowa association of independent colleges
and universities, and the state board of regents. The
apportionment shall be based on actual savings achieved in the
previous fiscal year by each sector of education in a manner
determined by the department of management. The department
of management shall make payment on behalf of the state to
the midwestern higher education compact commission and shall
seek reimbursement from each sector of education based on the
apportionment determined by the department.
Sec. 120. Section 291.10, Code 2009, is amended to read as
follows:
291.10 Reports by secretary.
1. The school district shall file an annual report with the
director of the department of education on forms prepared for
that purpose.
2. The annual report shall include the financial
information required in section 423F.5, subsection 1, as
related to moneys received under chapter 423E or 423F, as
applicable, for each budget year.
Sec. 121. Section 314.17, as amended by 2010 Iowa Acts,
House File 2458, if enacted, is amended by adding the following
new subsections:
NEW SUBSECTION. 7. Within fifty feet of a drainage tile or
tile intake.
NEW SUBSECTION. 8. For access to a mailbox or for other
accessibility purposes.
NEW SUBSECTION. 9. On rights=of=way adjacent to
agricultural demonstration or research plots.
Sec. 122. Section 321.18, Code Supplement 2009, is amended
by adding the following new subsection:
NEW SUBSECTION. 10. Any trailer that is used exclusively
for the transportation, display, and distribution of flags
honoring deceased veterans in parades or ceremonies held on
Memorial Day, Veterans Day, or other patriotic occasions
as authorized by resolution of the local government of the
community where the parade or ceremony takes place. A trailer
exempt from registration under this subsection shall only be
used on city streets or secondary roads on the day of a parade
or ceremony specified in the local government's resolution, and
a copy of the resolution shall be carried at all times in the
vehicle pulling the trailer.
Sec. 123. Section 321.482A, unnumbered paragraph 1, Code
2009, is amended to read as follows:
Notwithstanding section 321.482, a person who is convicted
of operating a motor vehicle in violation of section
321.256, 321.257, section 321.275, subsection 4, section
321.297, 321.298, 321.299, 321.302, 321.303, 321.304, 321.305,
321.306, 321.307, 321.308, section 321.309, subsection 2, or
section 321.311, 321.319, 321.320, 321.321, 321.322, 321.323,
321.323A, 321.324, 321.324A, 321.327, 321.329, or 321.333
causing serious injury to or the death of another person may be
subject to the following penalties in addition to the penalty
provided for a scheduled violation in section 805.8A or any
other penalty provided by law:
Sec. 124. Section 421.27, subsection 6, Code 2009, is
amended to read as follows:
6. Improper receipt of refund or credit. A person who makes
an erroneous application for refund or credit shall be liable
for any overpayment received or tax liability reduced plus
interest at the rate in effect under section 421.7. In
addition, a person who willfully makes a false or frivolous
application for refund or credit with intent to evade tax
or with intent to receive a refund or credit to which the
person is not entitled is guilty of a fraudulent practice
and is liable for a penalty equal to seventy=five percent of
the refund or credit being claimed. Repayments Payments,
penalties, and interest due under this subsection may be
collected and enforced in the same manner as the tax imposed.
Sec. 125. Section 421C.3, subsection 15, if enacted by 2010
Iowa Acts, Senate File 2383, is amended to read as follows:
15. a. The director of revenue shall establish an account
and shall deposit in the account all receipts received under
the program established by the state debt coordinator. Not
later than the fifteenth day of each month, the director shall
deposit amounts received with the treasurer of state for
deposit in the general fund of the state.
b. Of the amount of debt actually collected pursuant to
the program, the department of revenue shall retain an amount,
not to exceed the amount collected, that is sufficient to pay
for salaries, support, maintenance, services, advertising,
and other costs incurred by the coordinator relating to the
program. Revenues retained by the office pursuant to this
lettered paragraph shall be considered repayment receipts as
defined in section 8.2.
Sec. 126. Section 455A.13, Code 2009, is amended to read as
follows:
455A.13 State nurseries.
1. Notwithstanding section 17A.2, subsection 11,
paragraph "g", the department of natural resources shall adopt
administrative rules establishing a range of prices of plant
material grown at the state forest nurseries to cover all
expenses related to the growing of the plants. The department
is authorized to sell plant material in other states.
1. 2. The department shall develop programs to encourage
the wise management and preservation of existing woodlands
and shall continue its efforts to encourage forestation and
reforestation on private and public lands in the state.
2. 3. The department shall encourage a cooperative
relationship between the state forest nurseries and private
nurseries in the state in order to achieve these goals.
Sec. 127. Section 466B.4, subsection 2, Code Supplement
2009, is amended to read as follows:
2. Marketing campaign. The water resources coordinating
council shall develop a marketing campaign to educate Iowans
about the need to take personal responsibility for the quality
and quantity of water in their local watersheds. The emphasis
of the campaign shall be that not only is everyone responsible
for clean water, but that everyone benefits from it as well,
and that everyone is responsible for and benefits from reducing
the risk for flooding and mitigating possible future flood
damage. The goals of the campaign shall be to convince Iowans
to take personal responsibility for clean water and reducing
the risk of flooding and to equip them with the tools necessary
to effect change through local water quality improvement
projects and better flood plain management and flood risk
programs.
Sec. 128. NEW SECTION. 466B.12 Flood plain managers.
The council shall encourage and support the formation of
a chapter of the association of state flood plain managers
in Iowa that would provide a vehicle for local flood
plain managers and flood plain planners to further pursue
professional educational opportunities.
Sec. 129. NEW SECTION. 466B.13 Flood education.
The Iowa state university agricultural extension service,
the council, and agency members of the council shall, to the
extent feasible, work with flood plain and hydrology experts
to educate the general public about flood plains, flood risks,
and basic flood plain management principles. This educational
effort shall include developing educational materials and
programs in consultation with flood plain experts.
Sec. 130. Section 600C.1, Code 2009, is amended by striking
the section and inserting in lieu thereof the following:
600C.1 Grandparent and great=grandparent visitation.
1. The grandparent or great=grandparent of a minor child
may petition the court for grandchild or great=grandchild
visitation when the parent of the minor child, who is the child
of the grandparent or the grandchild of the great=grandparent,
is deceased.
2. The court shall consider a fit parent's objections
to granting visitation under this section. A rebuttable
presumption arises that a fit parent's decision to deny
visitation to a grandparent or great=grandparent is in the best
interest of a minor child.
3. The court may grant visitation to the grandparent or
great=grandparent under this section if the court finds all of
the following by clear and convincing evidence:
a. It is in the best interest of the child to grant such
visitation.
b. The grandparent or great=grandparent has established a
substantial relationship with the child prior to the filing of
the petition.
c. That the presumption that the parent who is being
asked to temporarily relinquish care, custody, and control of
the child to provide visitation is fit to make the decision
regarding visitation is overcome by demonstrating one of the
following:
(1) The parent is unfit to make such decision.
(2) The parent's judgment has been impaired and the relative
benefit to the child of granting visitation greatly outweighs
any effect on the parent=child relationship. Impaired judgment
of a parent may be evidenced by any of, but not limited to, the
following:
(a) Neglect of the child.
(b) Abuse of the child.
(c) Violence toward the child.
(d) Indifference or absence of feeling toward the child.
(e) Demonstrated unwillingness and inability to promote the
emotional and physical well=being of the child.
(f) Drug abuse.
(g) A diagnosis of mental illness.
4. In determining the best interest of the child, the court
shall consider all of the following:
a. The prior interaction and interrelationships of the
child with the child's parents, siblings, and other persons
related by consanguinity or affinity, compared to the child's
relationship with the grandparent or great=grandparent.
b. The geographical location of the grandparent's or
great=grandparent's residence and the distance between the
grandparent's or great=grandparent's residence and the child's
residence.
c. The child's and parent's available time, including but
not limited to the parent's employment schedule, the child's
school schedule, the amount of time that will be available
for the child to spend with siblings, and the child's and the
parent's holiday and vacation schedules.
d. The age of the child.
e. If the court has interviewed the child in chambers
as provided in this section regarding the wishes and
concerns of the child as to visitation by the grandparent or
great=grandparent or as to a specific visitation schedule, the
wishes and concerns of the child, as expressed to the court.
f. The health and safety of the child.
g. The mental and physical health of all parties.
h. Whether the grandparent or great=grandparent previously
has been convicted of or pleaded guilty to any criminal
offense involving any act that resulted in a child being an
abused child or a neglected child; whether the grandparent
or great=grandparent previously has been convicted of or
pleaded guilty to a crime involving a victim who at the time
of the commission of the offense was a member of the family
or household that is the subject of the current proceeding;
and whether there is reason to believe that the grandparent or
great=grandparent has acted in a manner resulting in a child
having ever been found to be an abused child or a neglected
child.
i. The wishes and concerns of the child's parent, as
expressed by the parent to the court.
j. Any other factor in the best interest of the child.
5. For the purposes of this subsection "substantial
relationship" includes but is not limited to any of the
following:
a. The child has lived with the grandparent or
great=grandparent for at least six months.
b. The grandparent or great=grandparent has voluntarily and
in good faith supported the child financially in whole or in
part for a period of not less than six months.
c. The grandparent or great=grandparent has had frequent
visitation including occasional overnight visitation with the
child for a period of not less than one year.
6. If the court interviews any child concerning the child's
wishes and concerns regarding parenting time or visitation, the
interview shall be conducted in chambers, and only the child,
the child's attorney, the judge, any necessary court personnel,
and, in the judge's discretion, the attorney of the parent
shall be permitted to be present in the chambers during the
interview. A person shall not obtain or attempt to obtain from
a child a written or recorded statement or affidavit setting
forth the wishes and concerns of the child regarding parenting
time or visitation.
7. For the purposes of this section, "court" means the
district court or the juvenile court if that court currently
has jurisdiction over the child in a pending action. If an
action is not pending, the district court has jurisdiction.
8. Notwithstanding any provision of this chapter to the
contrary, venue for any action to establish, enforce, or modify
visitation under this section shall be in the county where the
child resides if no final custody order determination relating
to the grandchild or great=grandchild has been entered by any
other court. If a final custody order has been entered by any
other court, venue shall be located exclusively in the county
where the most recent final custody order was entered. If
any other custodial proceeding is pending when an action to
establish, enforce, or modify visitation under this section is
filed, venue shall be located exclusively in the county where
the pending custodial proceeding was filed.
9. Notice of any proceeding to establish, enforce, or
modify visitation under this section shall be personally served
upon the parent of the child whose interests are affected
by a proceeding brought pursuant to this section and all
grandparents or great=grandparents who have previously obtained
a final order or commenced a proceeding under this section.
10. The court shall not enter any temporary order to
establish, enforce, or modify visitation under this section.
11. An action brought under this section is subject to
chapter 598B, and in an action brought to establish, enforce,
or modify visitation under this section, each party shall
submit in its first pleading or in an attached affidavit all
information required by section 598B.209.
12. A grandparent or great=grandparent shall not petition
for visitation under this section more than once every two
years absent a showing of good cause.
13. The court shall not issue an order restricting the
movement of the child if such restriction is solely for the
purpose of allowing the grandparent or great=grandparent
the opportunity to exercise the grandparent's or
great=grandparent's visitation under this section.
Sec. 131. NEW SECTION. 514C.26 Autism spectrum disorders
coverage.
1. Notwithstanding the uniformity of treatment requirements
of section 514C.6, a group plan established pursuant to chapter
509A for employees of the state providing for third=party
payment or prepayment of health, medical, and surgical coverage
benefits shall provide coverage benefits to covered individuals
under twenty=one years of age for the diagnostic assessment
of autism spectrum disorders and for the treatment of autism
spectrum disorders.
2. As used in this section, unless the context otherwise
requires:
a. "Applied behavioral analysis" means the design,
implementation, and evaluation of environmental modifications,
using behavioral stimuli and consequences, to produce socially
significant improvement in human behavior or to prevent loss
of attained skill or function, including the use of direct
observation, measurement, and functional analysis of the
relations between environment and behavior.
b. "Autism service provider" means a person, or group
providing treatment of autism spectrum disorders. An autism
service provider that provides treatment of autism spectrum
disorders that includes applied behavioral analysis shall
be certified as a behavior analyst by the behavior analyst
certification board or shall be a health professional licensed
under chapter 147.
c. "Autism spectrum disorders" means any of the pervasive
developmental disorders including autistic disorder, Asperger's
disorder, and pervasive developmental disorders not otherwise
specified. The commissioner, by rule, shall define "autism
spectrum disorders" consistent with definitions provided in the
most recent edition of the American psychiatric association's
diagnostic and statistical manual of mental disorders, as such
definitions may be amended from time to time. The commissioner
may adopt the definitions provided in such manual by reference.
d. "Diagnostic assessment of autism spectrum disorders" means
medically necessary assessment, evaluations, or tests performed
by a licensed physician, licensed physician assistant, licensed
psychologist, or licensed registered nurse practitioner to
diagnose whether an individual has an autism spectrum disorder.
e. "Pharmacy care" means medications prescribed by a
licensed physician, licensed physician assistant, or licensed
registered nurse practitioner and any assessment, evaluation,
or test prescribed or ordered by a licensed physician, licensed
physician assistant, or licensed registered nurse practitioner
to determine the need for or effectiveness of such medications.
f. "Psychiatric care" means direct or consultative services
provided by a licensed physician who specializes in psychiatry.
g. "Psychological care" means direct or consultative
services provided by a licensed psychologist.
h. "Rehabilitative care" means professional services and
treatment programs, including applied behavioral analysis,
provided by an autism service provider to produce socially
significant improvement in human behavior or to prevent loss
of attained skill or function.
i. "Therapeutic care" means services provided by a licensed
speech pathologist, licensed occupational therapist, or
licensed physical therapist.
j. "Treatment of autism spectrum disorders" means treatment
that is identified in a treatment plan and includes medically
necessary pharmacy care, psychiatric care, psychological care,
rehabilitative care, and therapeutic care that is one of the
following:
(1) Prescribed, ordered, or provided by a licensed
physician, licensed physician assistant, licensed psychologist,
licensed social worker, or licensed registered nurse
practitioner.
(2) Provided by an autism service provider.
(3) Provided by a person, entity, or group that works under
the direction of an autism service provider.
k. "Treatment plan" means a plan for the treatment of
autism spectrum disorders developed by a licensed physician or
licensed psychologist pursuant to a comprehensive evaluation
or reevaluation performed in consultation with the patient and
the patient's representative.
3. Coverage is required pursuant to this section in a
maximum benefit amount of not more than thirty=six thousand
dollars per year but shall not be subject to any limits
on the number of visits to an autism service provider for
treatment of autism spectrum disorders. Beginning in 2014,
the commissioner shall, on or before April 1 of each calendar
year, publish an adjustment to the maximum benefit required
equal to the percentage change in the United States department
of labor consumer price index for all urban consumers in the
preceding year, and the published adjusted maximum benefit
shall be applicable to group policies, contracts, or plans
subject to this section that are issued or renewed on or after
January 1 of the following calendar year. Payments made under
a group plan subject to this section on behalf of a covered
individual for treatment of a health condition unrelated to or
distinguishable from the individual's autism spectrum disorder
shall not be applied toward any maximum benefit established
under this subsection.
4. Coverage required pursuant to this section shall be
subject to copayment, deductible, and coinsurance provisions,
and any other general exclusions or limitations of a group
plan to the same extent as other medical or surgical services
covered by the group plan.
5. Coverage required by this section shall be provided
in coordination with coverage required for the treatment of
autistic disorders pursuant to section 514C.22.
6. This section shall not be construed to limit benefits
which are otherwise available to an individual under a group
plan.
7. This section shall not be construed to require coverage
by a group plan of any service solely based on inclusion of the
service in an individualized education program. Consistent
with federal or state law and upon consent of the parent or
guardian of a covered individual, the treatment of autism
spectrum disorders may be coordinated with any services
included in an individualized education program. However,
coverage for the treatment of autism spectrum disorders
shall not be contingent upon coordination of services with an
individualized education program.
8. This section shall not apply to accident=only,
specified disease, short=term hospital or medical, hospital
confinement indemnity, credit, dental, vision, Medicare
supplement, long=term care, basic hospital and medical=surgical
expense coverage as defined by the commissioner, disability
income insurance coverage, coverage issued as a supplement
to liability insurance, workers' compensation or similar
insurance, or automobile medical payment insurance, or
individual accident and sickness policies issued to individuals
or to individual members of a member association.
9. A plan established pursuant to chapter 509A for employees
of the state may manage the benefits provided through common
methods including but not limited to providing payment of
benefits or providing care and treatment under a capitated
payment system, prospective reimbursement rate system,
utilization control system, incentive system for the use of
least restrictive and costly levels of care, a preferred
provider contract limiting choice of specific providers, or
any other system, method, or organization designed to assure
services are medically necessary and clinically appropriate.
10. An insurer may review a treatment plan for treatment
of autism spectrum disorders once every six months, subject to
its utilization review requirements, including case management,
concurrent review, and other managed care provisions. A more
or less frequent review may be agreed upon by the insured and
the licensed physician or licensed psychologist developing the
treatment plan.
11. For the purposes of this section, the results of a
diagnostic assessment of autism spectrum disorder shall be
valid for a period of not less than twelve months, unless a
licensed physician or licensed psychologist determines that a
more frequent assessment is necessary.
12. The commissioner shall adopt rules pursuant to chapter
17A to implement and administer this section.
13. This section applies to plans established pursuant to
chapter 509A for employees of the state that are delivered,
issued for delivery, continued, or renewed in this state on or
after January 1, 2011.
Sec. 132. Section 729.6, subsection 1, Code 2009, is amended
by adding the following new paragraph:
NEW PARAGRAPH. OOb. "Genetic services" means the same as
defined in 29 U.S.C. { 1191b(d)(8).
Sec. 133. Section 729.6, subsection 1, paragraph c, Code
2009, as amended by 2010 Iowa Acts, Senate File 2215, if
enacted, is amended to read as follows:
c. "Genetic testing" means the same as genetic test as
defined in 29 U.S.C. { 1191b(d)(7). "Genetic testing" does not
mean routine physical measurement, a routine chemical, blood,
or urine analysis, a biopsy, an autopsy, or clinical specimen
obtained solely for the purpose of conducting an immediate
clinical or diagnostic test to detect an existing disease,
illness, impairment, or disorder, or a test for drugs or for
human immunodeficiency virus infections.
Sec. 134. 2010 Iowa Acts, House File 2526, section 11,
subsection 24, paragraph b, relating to the medical assistance
waiver for the Iowa family planning network, if enacted, is
amended to read as follows:
b. Implementation of this subsection is contingent upon
approval of the medical assistance waiver for the Iowa family
planning network by the centers for Medicare and Medicaid
services of the United States department of health and human
services and upon availability of funding as determined by the
director of the department of human services.
Sec. 135. 2010 Iowa Acts, Senate File 2378, section 15, if
enacted, is amended to read as follows:
SEC. 15. GAMING ENFORCEMENT. There is appropriated from the
gaming enforcement revolving fund created in section 80.43 to
the department of public safety for the fiscal year beginning
July 1, 2010, and ending June 30, 2011, the following amount,
or so much thereof as is necessary, to be used for the purposes
designated:
For any direct and indirect support costs for agents
and officers of the division of criminal investigation's
excursion gambling boat, gambling structure, and racetrack
enclosure enforcement activities, including salaries, support,
maintenance, miscellaneous purposes, and for not more than the
following full=time equivalent positions:
.................................................. $ 8,851,775
9,315,306
............................................... FTEs 115.00
However, for each additional license to conduct gambling
games on an excursion gambling boat, gambling structure, or
racetrack enclosure issued during the period beginning July 1,
2009, through June 30, 2011, there is appropriated from the
gaming enforcement fund to the department of public safety for
the fiscal year beginning July 1, 2010, and ending June 30,
2011, an additional amount of not more than $521,000 to be
used for not more than 6.00 additional full=time equivalent
positions.
Sec. 136. REPEAL. 2010 Iowa Acts, House File 2525, section
6, is repealed.
Sec. 137. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
APPLICABILITY. The provision of this division of this Act
amending section 155A.6A, subsection 3, being deemed of
immediate importance, takes effect upon enactment and applies
retroactively to January 1, 2010.
Sec. 138. EFFECTIVE UPON ENACTMENT. This provision of this
division of this Act amending section 155A.6A, being deemed of
immediate importance, takes effect upon enactment.
Sec. 139. EFFECTIVE UPON ENACTMENT. The provision of this
division of this Act appropriating moneys from the general
fund of the state to the department of management and to the
department of revenue for fiscal year 2009=2010, being deemed
of immediate importance, takes effect upon enactment.
Sec. 140. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
APPLICABILITY. The provision of this division of this
Act amending section 123.30, subsection 3, paragraph "e",
subparagraph (1), being deemed of immediate importance, takes
effect upon enactment, and is retroactively applicable to March
10, 2010.
Sec. 141. EFFECTIVE DATE. The provision of this division of
this Act amending section 421.3, if enacted by 2010 Iowa Acts,
Senate File 2383, takes effect on the effective date of section
421C.3.
Sec. 142. EFFECTIVE DATE AND APPLICABILITY. The section of
this division of this Act enacting section 469.9, subsection
4A, being deemed of immediate importance, takes effect upon
enactment, and applies to grants or loans approved on, before,
and after the effective date of the section.
DIVISION VIII
BICYCLES
Sec. 143. NEW SECTION. 321.281 Actions against bicyclists.
1. A person operating a motor vehicle shall not steer the
motor vehicle unreasonably close to or toward a person riding
a bicycle on a highway, including the roadway or the shoulder
adjacent to the roadway.
2. A person shall not knowingly project any object or
substance at or against a person riding a bicycle on a highway.
3. A person who violates this section commits a simple
misdemeanor punishable as a scheduled violation under section
805.8A, subsection 14, paragraph "k".
Sec. 144. Section 805.8A, subsection 14, Code Supplement
2009, is amended by adding the following new paragraph:
NEW PARAGRAPH. k. Actions against a person on a bicycle.
For violations under section 321.281 the scheduled fine is two
hundred fifty dollars.
DIVISION IX
RENEWABLE FUELS AND COPRODUCTS
Sec. 145. Section 159A.6, subsection 1, Code Supplement
2009, is amended to read as follows:
1. The office shall support education regarding, and
promotion and advertising of, renewable fuels and coproducts.
The office shall consult with the petroleum marketers
and convenience stores of Iowa, the Iowa renewable fuels
association, the Iowa corn growers association, and the Iowa
soybean association.
DIVISION X
IDENTIFICATION OF WORKER MISCLASSIFICATION
Sec. 146. Section 421.17, Code 2009, is amended by adding
the following new subsection:
NEW SUBSECTION. 31. If the director has reason to believe,
as a result of an investigation or audit, that a taxpayer may
have misclassified workers, then to assist the department of
workforce development, the director is authorized to provide
to the department of workforce development the following
confidential information with respect to such a taxpayer:
a. Withholding and payroll tax information.
b. The taxpayer's identity, including taxpayer
identification number and date of birth.
c. The results or most recent status of the audit or
investigation.
Sec. 147. Section 422.20, subsection 3, paragraph a, Code
2009, is amended to read as follows:
a. Unless otherwise expressly permitted by section 8A.504,
section 96.11, subsection 6, section 421.17, subsections 22,
23, and 26, and 31, sections 252B.9, 321.120, 421.19, 421.28,
422.72, and 452A.63, and this section, a tax return, return
information, or investigative or audit information shall not
be divulged to any person or entity, other than the taxpayer,
the department, or internal revenue service for use in a matter
unrelated to tax administration.
Sec. 148. Section 422.72, subsection 3, paragraph a, Code
2009, is amended to read as follows:
a. Unless otherwise expressly permitted by section 8A.504,
section 96.11, subsection 6, section 421.17, subsections 22,
23, and 26, and 31, sections 252B.9, 321.120, 421.19, 421.28,
422.20, and 452A.63, and this section, a tax return, return
information, or investigative or audit information shall not
be divulged to any person or entity, other than the taxpayer,
the department, or internal revenue service for use in a matter
unrelated to tax administration.
Sec. 149. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION XI
PUBLIC SAFETY ADVISORY BOARD
Sec. 150. DEPARTMENT OF HUMAN RIGHTS == DIVISION OF CRIMINAL
AND JUVENILE JUSTICE PLANNING. There is appropriated from the
Iowa comprehensive petroleum underground storage tank fund
established in section 455G.3 to the department of human rights
for the fiscal year beginning July 1, 2010, and ending June 30,
2011, the following amount, or so much thereof as is necessary,
to be used for the purposes designated, notwithstanding section
455G.3, subsection 1:
For the division of criminal and juvenile justice planning,
including salaries, support, maintenance, miscellaneous
purposes, and for not more than the following full=time
equivalent positions for the public safety advisory board
established in section 216A.133A:
.................................................. $ 140,000
............................................... FTEs 2.00
Sec. 151. Section 216A.131, Code 2009, is amended by adding
the following new subsection:
NEW SUBSECTION. 1A. "Board" means the public safety
advisory board.
Sec. 152. Section 216A.132, Code 2009, is amended to read
as follows:
216A.132 Council established == terms == compensation.
1. A criminal and juvenile justice planning advisory
council is established consisting of twenty=three members.
a. The governor shall appoint seven members each for a
four=year term beginning and ending as provided in section
69.19 and subject to confirmation by the senate as follows:
(1) Three persons, each of whom is a county supervisor,
county sheriff, mayor, city chief of police, or county
attorney nonsupervisory police officer, or a chief of police of
a department with less than eleven police officers.
(2) Two persons who represent the general public and are
not employed in any law enforcement, judicial, or corrections
capacity.
(3) (2) Two persons who are knowledgeable about Iowa's
juvenile justice system.
(3) One person who represents the general public and is
not employed in any law enforcement, judicial, or corrections
capacity.
(4) One person who is either a crime victim, or who
represents a crime victim organization.
b. The departments of human services, corrections, and
public safety, the division on the status of African=Americans,
the Iowa department of public health, the chairperson of
the board of parole, the attorney general, the state public
defender, and the governor's office of drug control policy, and
the chief justice of the supreme court shall each designate a
person to serve on the council. The person appointed by the
Iowa department of public health shall be from the departmental
staff who administer the comprehensive substance abuse program
under chapter 125.
c. The chief justice of the supreme court shall appoint
two additional members currently serving as district
judges designate one member who is a district judge and one
member who is either a district associate judge or associate
juvenile judge. Two members of the senate and two members of
the house of representatives shall be ex officio members and
shall be appointed by the majority and minority leaders of
the senate and the speaker and minority leader of the house
of representatives pursuant to section 69.16 and shall serve
terms as provided in section 69.16B. The chairperson and
ranking member of the senate committee on judiciary shall be
members. In alternating four=year intervals, the chairperson
and ranking member of the house committee on judiciary or of
the house committee on public safety shall be members, with the
chairperson and ranking member of the house committee on public
safety serving during the initial interval. Nonlegislative
members appointed pursuant to this paragraph shall serve for
four=year terms beginning and ending as provided in section
69.19 unless the member ceases to serve as a district court
judge.
d. The Iowa county attorneys association shall designate a
person to serve on the council.
2. Members of the council shall receive reimbursement from
the state for actual and necessary expenses incurred in the
performance of their official duties. Members may also be
eligible to receive compensation as provided in section 7E.6.
Sec. 153. Section 216A.133, subsection 1, Code 2009, is
amended to read as follows:
1. Identify issues and analyze the operation and impact
of present criminal and juvenile justice policy and make
recommendations for policy changes, including recommendations
pertaining to efforts to curtail criminal gang activity.
Sec. 154. Section 216A.133, Code 2009, is amended by adding
the following new subsections:
NEW SUBSECTION. 8. Determine members of the public safety
advisory board pursuant to section 216A.133A.
NEW SUBSECTION. 9. Coordinate with the administrator to
develop and make recommendations to the department director
pursuant to section 216A.2.
NEW SUBSECTION. 10. Serve as a liaison between the general
public and the division.
NEW SUBSECTION. 11. Establish advisory committees to study
special issues.
Sec. 155. NEW SECTION. 216A.133A Public safety advisory
board == duties.
1. A public safety advisory board is established whose
membership shall be determined by the criminal and juvenile
justice planning advisory council and shall consist of current
members of the council. Any actions taken by the board shall
be considered separate and distinct from the council.
2. The purpose of the board is to provide the general
assembly with an analysis of current and proposed criminal code
provisions.
3. The duties of the board shall consist of the following:
a. Reviewing and making recommendations relating to current
sentencing provisions. In reviewing such provisions the board
shall consider the impact on all of the following:
(1) Potential disparity in sentencing.
(2) Truth in sentencing.
(3) Victims.
(4) The proportionality of specific sentences.
(5) Sentencing procedures.
(6) Costs associated with the implementation of criminal
code provisions, including costs to the judicial branch,
department of corrections, and judicial district departments
of correctional services, costs for representing indigent
defendants, and costs incurred by political subdivisions of the
state.
(7) Best practices related to the department of corrections
including recidivism rates, safety and efficient use of
correctional staff, and compliance with correctional standards
set by the federal government and other jurisdictions.
(8) Best practices related to the Iowa child death review
team established in section 135.43 and the Iowa domestic abuse
death review team established in section 135.109.
b. Reviewing and making recommendations relating to proposed
legislation, in accordance with paragraph "a", as set by rule
by the general assembly or as requested by the executive or
judicial branch proposing such legislation.
c. Providing expertise and advice to the legislative
services agency, the department of corrections, the
judicial branch, and others charged with formulating fiscal,
correctional, or minority impact statements.
d. Reviewing data supplied by the division, the department
of management, the legislative services agency, the Iowa
supreme court, and other departments or agencies for the
purpose of determining the effectiveness and efficiency of the
collection of such data.
4. The board may call upon any department, agency, or office
of the state, or any political subdivision of the state, for
information or assistance as needed in the performance of its
duties. The information or assistance shall be furnished to
the extent that it is within the resources and authority of
the department, agency, office, or political subdivision.
This section does not require the production or opening of
any records which are required by law to be kept private or
confidential.
5. The board shall report to the legislative government
oversight committee all sources of funding by December 1 of
each year.
6. Membership on the board shall be bipartisan as provided
in section 69.16 and gender balanced as provided in section
69.16A.
7. Meetings of the board shall be open to the public as
provided in chapter 21.
8. Members of the board shall receive reimbursement from
the state for actual and necessary expenses incurred in the
performance of their official duties. Members may also be
eligible to receive compensation as provided in section 7E.6.
Sec. 156. Section 216A.135, unnumbered paragraph 1, Code
2009, is amended to read as follows:
Beginning in 1989, and every five years thereafter, the
division shall develop a twenty=year criminal and juvenile
justice plan for the state which shall include ten=year,
fifteen=year, and twenty=year goals and a comprehensive
five=year plan for criminal and juvenile justice programs.
The five=year plan shall be updated annually and each
twenty=year plan and annual updates of the five=year plan
shall be submitted to the governor and the general assembly by
February December 1.
Sec. 157. APPOINTMENTS TO CRIMINAL AND JUVENILE JUSTICE
PLANNING ADVISORY COUNCIL. The applicable provisions of
chapter 69 shall apply to vacant positions on the criminal and
juvenile justice planning advisory council occurring on or
after July 1, 2010.
DIVISION XII
INCOME TAX CHECKOFFS
Sec. 158. Section 235A.2, subsection 1, Code 2009, is
amended to read as follows:
1. A child abuse prevention program fund is created in
the state treasury under the control of the department of
human services. The fund is composed of moneys appropriated
or available to and obtained or accepted by the treasurer of
state for deposit in the fund. The fund shall include moneys
transferred to the fund as provided in section 422.12K 422.12F.
All interest earned on moneys in the fund shall be credited to
and remain in the fund. Section 8.33 does not apply to moneys
in the fund.
Sec. 159. NEW SECTION. 422.12F Income tax checkoff for
child abuse prevention program fund.
1. A person who files an individual or a joint income tax
return with the department of revenue under section 422.13 may
designate one dollar or more to be paid to the child abuse
prevention program fund created in section 235A.2. If the
refund due on the return or the payment remitted with the
return is insufficient to pay the additional amount designated
by the taxpayer to the child abuse prevention program fund,
the amount designated shall be reduced to the remaining amount
remitted with the return. The designation of a contribution
to the child abuse prevention program fund under this section
is irrevocable.
2. The director of revenue shall draft the income tax form
to allow the designation of contributions to the child abuse
prevention program fund on the tax return. The department of
revenue, on or before January 31, shall transfer the total
amount designated on the tax return forms due in the preceding
calendar year to the child abuse prevention program fund.
However, before a checkoff pursuant to this section shall be
permitted, all liabilities on the books of the department of
administrative services and accounts identified as owing under
section 8A.504 and the political contribution allowed under
section 68A.601 shall be satisfied.
3. The department of human services may authorize payment
of moneys from the child abuse prevention program fund, in
accordance with section 235A.2.
4. The department of revenue shall adopt rules to administer
this section.
5. This section is subject to repeal under section 422.12E.
Sec. 160. NEW SECTION. 422.12G Joint income tax refund
checkoff for veterans trust fund and volunteer fire fighter
preparedness fund.
1. A person who files an individual or a joint income tax
return with the department of revenue under section 422.13 may
designate one dollar or more to be paid jointly to the veterans
trust fund created in section 35A.13 and to the volunteer fire
fighter preparedness fund created in section 100B.13. If the
refund due on the return or the payment remitted with the
return is insufficient to pay the additional amount designated
by the taxpayer, the amount designated shall be reduced to the
remaining amount of refund or the remaining amount remitted
with the return. The designation of a contribution under this
section is irrevocable.
2. The director of revenue shall draft the income tax form
to allow the designation of contributions to the veterans trust
fund and to the volunteer fire fighter preparedness fund as
one checkoff on the tax return. The department of revenue,
on or before January 31, shall transfer one=half of the total
amount designated on the tax return forms due in the preceding
calendar year to the veterans trust fund and the remaining
one=half to the volunteer fire fighter preparedness fund.
However, before a checkoff pursuant to this section shall be
permitted, all liabilities on the books of the department of
administrative services and accounts identified as owing under
section 8A.504 and the political contribution allowed under
section 68A.601 shall be satisfied.
3. The department of revenue shall adopt rules to administer
this section.
4. This section is subject to repeal under section 422.12E.
Sec. 161. REPEAL. Section 422.12L, Code 2009, is repealed.
Sec. 162. REPEAL. Section 422.12K, Code Supplement 2009,
is repealed.
Sec. 163. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to January 1, 2010, for tax years
beginning on or after that date.
DIVISION XIII
WINE
Sec. 164. Section 123.183, Code 2009, is amended to read as
follows:
123.183 Wine gallonage tax and related funds.
1. In addition to the annual permit fee to be paid by each
class "A" wine permittee, a wine gallonage tax shall be levied
and collected from each class "A" wine permittee on all wine
manufactured for sale and sold in this state at wholesale and
on all wine imported into this state for sale at wholesale and
sold in this state at wholesale. A wine gallonage tax shall
also be levied and collected on the direct shipment of wine
pursuant to section 123.187. The rate of the wine gallonage
tax is one dollar and seventy=five cents for each wine gallon.
The same rate shall apply for the fractional parts of a
wine gallon. The wine gallonage tax shall not be levied or
collected on wine sold by one class "A" wine permittee to
another class "A" wine permittee.
2. a. Revenue collected from the wine gallonage tax on
wine manufactured for sale and sold in this state, and on wine
subject to direct shipment as provided in section 123.187
by a wine manufacturer licensed or permitted pursuant to
laws regulating alcoholic beverages in this state, shall be
deposited in the wine gallonage tax fund as created in this
section.
b. A wine gallonage tax fund is created in the office
of the treasurer of state. Moneys deposited in the fund
are appropriated to the department of economic development
as provided in section 15E.117. Moneys in the fund are not
subject to section 8.33.
3. The revenue collected from the wine gallonage tax on
wine imported into this state for sale at wholesale and sold in
this state at wholesale, and on wine subject to direct shipment
as provided in section 123.187 by a wine manufacturer licensed
or permitted pursuant to laws regulating alcoholic beverages
in another state, shall be deposited in the beer and liquor
control fund created in section 123.53.
Sec. 165. Section 123.187, subsection 4, as enacted by 2010
Iowa Acts, Senate File 2088, section 100, is amended to read
as follows:
4.a. In addition to the annual license fee, a wine
direct shipper licensee shall remit to the division an amount
equivalent to the wine gallonage tax on wine subject to direct
shipment at the rate specified in section 123.183 for deposit
as provided in section 123.183, subsections 2 and 3. The
amount shall be remitted at the same time and in the same
manner as provided in section 123.184, and the ten percent
penalty specified therein shall be applicable.
b. Shipment of wine pursuant to this subsection does not
require a refund value for beverage container control purposes
under chapter 455C.
DIVISION XIV
MEDICATION THERAPY MANAGEMENT
Sec. 166. MEDICATION THERAPY MANAGEMENT == PILOT ==
REPEAL.
1. As used in this section unless the context otherwise
requires:
a. "Eligible employee" means an employee of the state, with
the exception of an employee of the state board of regents or
institutions under the state board of regents, for whom group
health plans are established pursuant to chapter 509A providing
for third=party payment or prepayment for health or medical
expenses.
b. "Medication therapy management" means a systematic
process performed by a licensed pharmacist, designed to
optimize therapeutic outcomes through improved medication use
and reduced risk of adverse drug events, including all of the
following services:
(1) A medication therapy review and in=person consultation
relating to all medications, vitamins, and herbal supplements
currently being taken by an eligible individual.
(2) A medication action plan, subject to the limitations
specified in this section, communicated to the individual and
the individual's primary care physician or other appropriate
prescriber to address safety issues, inconsistencies,
duplicative therapy, omissions, and medication costs. The
medication action plan may include recommendations to the
prescriber for changes in drug therapy.
(3) Documentation and follow=up to ensure consistent levels
of pharmacy services and positive outcomes.
2. a. Prior to July 1, 2010, the department of
administrative services shall utilize a request for proposals
process to contract for the provision of medication therapy
management services beginning July 1, 2010, for eligible
employees who meet any of the following criteria:
(1) An individual who takes four or more prescription drugs
to treat or prevent two or more chronic medical conditions.
(2) An individual with a prescription drug therapy problem
who is identified by the prescribing physician or other
appropriate prescriber, and referred to a pharmacist for
medication therapy management services.
(3) An individual who meets other criteria established by
the third=party payment provider contract, policy, or plan.
b. The department of administrative services shall
utilize an advisory committee comprised of an equal number of
physicians and pharmacists to provide advice and oversight
regarding the request for proposals and evaluation processes.
The department shall appoint the members of the advisory
council based upon designees of the Iowa pharmacy association,
the Iowa medical society, and the Iowa osteopathic medical
association.
c. The contract shall require the company to provide annual
reports to the general assembly detailing the costs, savings,
estimated cost avoidance and return on investment, and patient
outcomes related to the medication therapy management services
provided. The company shall guarantee demonstrated annual
savings, including any savings associated with cost avoidance
at least equal to the program's costs with any shortfall amount
refunded to the state. As a proof of concept in the program
for the period beginning July 1, 2010, and ending June 30,
2011, the company shall offer a dollar=for=dollar guarantee for
drug product costs savings alone. Prior to entering into a
contract with a company, the department and the company shall
agree on the terms, conditions, and applicable measurement
standards associated with the demonstration of savings. The
department shall verify the demonstrated savings reported by
the company was performed in accordance with the agreed upon
measurement standards. The company shall be prohibited from
using the company's employees to provide the medication therapy
management services and shall instead be required to contract
with licensed pharmacies, pharmacists, or physicians.
d. The fees for pharmacist=delivered medication therapy
management services shall be separate from the reimbursement
for prescription drug product or dispensing services; shall
be determined by each third=party payment provider contract,
policy, or plan; and must be reasonable based on the resources
and time required to provide the service.
e. A fee shall be established for physician reimbursement
for services delivered for medication therapy management as
determined by each third=party payment provider contract,
policy, or plan, and must be reasonable based on the resources
and time required to provide the service.
f. If any part of the medication therapy management
plan developed by a pharmacist incorporates services which
are outside the pharmacist's independent scope of practice
including the initiation of therapy, modification of dosages,
therapeutic interchange, or changes in drug therapy, the
express authorization of the individual's physician or other
appropriate prescriber is required.
3. This section is repealed December 31, 2011.
Sec. 167. DEPARTMENT OF ADMINISTRATIVE SERVICES ==
IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK
FUND. There is appropriated from the Iowa comprehensive
petroleum underground storage tank fund created in section
455G.3 to the department of administrative services for the
fiscal year beginning July 1, 2010, and ending June 30, 2011,
the following amount, or so much thereof as is necessary, to be
used for the purposes of this division, notwithstanding section
455G.3, subsection 1:
.................................................. $ 543,000
Sec. 168. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION XV
IOWA COMPREHENSIVE PETROLEUM
UNDERGROUND STORAGE TANK FUND
Sec. 169. Section 455B.474, subsection 1, paragraph d,
subparagraph (2), unnumbered paragraph 1, Code Supplement 2009,
is amended to read as follows:
A site shall be classified as either high risk, low risk, or
no action required, as determined by a certified groundwater
professional.
Sec. 170. Section 455B.474, subsection 1, paragraph
d, subparagraph (2), subparagraph division (a), unnumbered
paragraph 1, Code Supplement 2009, is amended to read as
follows:
A site shall be considered high risk when it is determined a
certified groundwater professional determines that
contamination from the site presents an unreasonable risk to
public health and safety or the environment under any of the
following conditions:
Sec. 171. Section 455B.474, subsection 1, paragraph
d, subparagraph (2), subparagraph division (b), unnumbered
paragraph 1, Code Supplement 2009, is amended to read as
follows:
A site shall be considered low risk under any of the
following conditions when a certified groundwater professional
determines that low risk conditions exist as follows:
Sec. 172. Section 455B.474, subsection 1, paragraph d,
subparagraph (2), subparagraph divisions (c) and (e), Code
Supplement 2009, are amended to read as follows:
(c) A site shall be considered no action required if and
a no further action certificate shall be issued by the
department when a certified groundwater professional determines
that contamination is below action level standards and high or
low risk conditions do not exist and are not likely to occur.
(e) A site cleanup report which classifies a site as
either high risk, low risk, or no action required shall be
submitted by a groundwater professional to the department with
a certification that the report complies with the provisions
of this chapter and rules adopted by the department. The
report shall be determinative of the appropriate classification
of the site. However, if the report is found to be and the
site shall be classified as indicated by the groundwater
professional unless, within ninety days of receipt by the
department, the department identifies material information
in the report that is inaccurate or incomplete, and if based
upon inaccurate or incomplete information in the report
the risk classification of the site cannot be reasonably
determined by the department based upon industry standards,
the department shall. If the department determines that the
site cleanup report is inaccurate or incomplete, the department
shall notify the groundwater professional of the inaccurate
or incomplete information within ninety days of receipt of
the report and shall work with the groundwater professional
to obtain the correct information or additional information
necessary to appropriately classify the site. However, from
July 1, 2010, through June 30, 2011, the department shall have
one hundred twenty days to notify the certified groundwater
professional when a report is not accepted based on material
information that is found to be inaccurate or incomplete. A
groundwater professional who knowingly or intentionally makes
a false statement or misrepresentation which results in a
mistaken classification of a site shall be guilty of a serious
misdemeanor and shall have the groundwater professional's
certification revoked under this section.
Sec. 173. Section 455B.474, subsection 1, paragraph f,
subparagraphs (5), (6), and (7), Code Supplement 2009, are
amended to read as follows:
(5) A corrective action design report submitted by a
groundwater professional shall be accepted by the department
and shall be primarily relied upon by the department to
determine the corrective action response requirements of the
site. However, if the corrective action design report is found
to be within ninety days of receipt of a corrective action
design report, the department identifies material information
in the corrective action design report that is inaccurate or
incomplete, and if based upon information in the report the
appropriate corrective action response cannot be reasonably
determined by the department based upon industry standards,
the department shall notify the groundwater professional that
the corrective action design report is not accepted, and the
department shall work with the groundwater professional to
correct the material information or to obtain the additional
information necessary to appropriately determine the corrective
action response requirements as soon as practicable. However,
from July 1, 2010, through June 30, 2011, the department
shall have one hundred twenty days to notify the certified
groundwater professional when a corrective action design report
is not accepted based on material information that is found
to be inaccurate or incomplete. A groundwater professional
who knowingly or intentionally makes a false statement or
misrepresentation which results in an improper or incorrect
corrective action response shall be guilty of a serious
misdemeanor and shall have the groundwater professional's
certification revoked under this section.
(6) Low risk sites shall be monitored as deemed necessary by
the department consistent with industry standards. Monitoring
shall not be required on a site which has received a no further
action certificate. A site that has maintained less than the
applicable target level for four consecutive sampling events
shall be reclassified as a no action required site regardless
of exit monitoring criteria and guidance.
(7) An owner or operator may elect to proceed with
additional corrective action on the site. However, any action
taken in addition to that required pursuant to this paragraph
"f" shall be solely at the expense of the owner or operator
and shall not be considered corrective action for purposes of
section 455G.9, unless otherwise previously agreed to by the
board and the owner or operator pursuant to section 455G.9,
subsection 7. Corrective action taken by an owner or operator
due to the department's failure to meet the time requirements
provided in subparagraph (5), shall be considered corrective
action for purposes of section 455G.9.
Sec. 174. Section 455B.474, subsection 1, paragraph h,
subparagraphs (1) and (3), Code Supplement 2009, are amended
to read as follows:
(1) A no further action certificate shall be issued by
the department for a site which has been classified as a no
further action site or which has been reclassified pursuant to
completion of a corrective action plan or monitoring plan to be
a no further action site by a groundwater professional, unless
within ninety days of receipt of the report submitted by the
groundwater professional classifying the site, the department
notifies the groundwater professional that the report and site
classification are not accepted and the department identifies
material information in the report that is inaccurate or
incomplete which causes the department to be unable to accept
the classification of the site. An owner or operator shall
not be responsible for additional assessment, monitoring, or
corrective action activities at a site that is issued a no
further action certificate unless it is determined that the
certificate was issued based upon false material statements
that were knowingly or intentionally made by a groundwater
professional and the false material statements resulted in the
incorrect classification of the site.
(3) A certificate shall be recorded with the county
recorder. The owner or operator of a site who has been issued a
certificate under this paragraph "h" or a subsequent purchaser
of the site shall not be required to perform further corrective
action solely because action standards are changed at a later
date. A certificate shall not prevent the department from
ordering corrective action of a new release.
Sec. 175. Section 455B.479, Code 2009, is amended to read
as follows:
455B.479 Storage tank management fee.
An owner or operator of an underground storage tank shall
pay an annual storage tank management fee of sixty=five
dollars per tank of over one thousand one hundred gallons
capacity. Twenty=three percent of the The fees collected
shall be deposited in the storage tank management account of
the groundwater protection fund. Seventy=seven percent of the
fees collected shall be deposited in the Iowa comprehensive
petroleum underground storage tank fund created in chapter
455G.
Sec. 176. Section 455E.11, subsection 2, paragraph d, Code
Supplement 2009, is amended to read as follows:
d. A storage tank management account. All fees
collected pursuant to section 455B.473, subsection 5, and
section 455B.479, shall be deposited in the storage tank
management account, except those moneys deposited into the
Iowa comprehensive petroleum underground storage tank fund
pursuant to section 455B.479. Funds. Moneys deposited in the
account shall be expended for the following purposes:
(1) One thousand dollars is appropriated annually to the
Iowa department of public health to carry out departmental
duties under section 135.11, subsections 19 and 20, and section
139A.21.
(2) Twenty=three percent of the proceeds of the fees
imposed pursuant to section 455B.473, subsection 5, and
section 455B.479 shall be deposited in the account annually,
up to a maximum of three hundred fifty thousand dollars. If
twenty=three percent of the proceeds exceeds three hundred
fifty thousand dollars, the excess shall be deposited into the
fund created in section 455G.3. Three hundred fifty thousand
dollars is The moneys remaining in the account after the
appropriation in subparagraph (1) are appropriated from the
storage tank management account to the department of natural
resources for the administration of a state storage tank
program pursuant to chapter 455B, division IV, part 8, and for
programs which reduce the potential for harm to the environment
and the public health from storage tanks.
(3) The remaining funds in the account are appropriated
annually to the Iowa comprehensive petroleum underground
storage tank fund. Each fiscal year, the department of
natural resources shall enter into an agreement with the Iowa
comprehensive petroleum underground storage tank fund for the
completion of administrative tasks during the fiscal year
directly related to the evaluation and modification of risk
based corrective action rules as necessary and processes that
affect the administration in subparagraph (2).
Sec. 177. Section 455G.3, Code 2009, is amended by adding
the following new subsections:
NEW SUBSECTION. 6. For the fiscal year beginning July 1,
2010, and each fiscal year thereafter, there is appropriated
from the Iowa comprehensive petroleum underground storage
tank fund to the department of natural resources two hundred
thousand dollars for purposes of technical review support to be
conducted by nongovernmental entities for leaking underground
storage tank assessments.
NEW SUBSECTION. 7. For the fiscal year beginning July
1, 2010, there is appropriated from the Iowa comprehensive
petroleum underground storage tank fund to the department of
natural resources one hundred thousand dollars for purposes of
database modifications necessary to accept batched external
data regarding underground storage tank inspections conducted
by nongovernmental entities.
NEW SUBSECTION. 8. For the fiscal year beginning July 1,
2010, and each fiscal year thereafter, there is appropriated
from the Iowa comprehensive petroleum underground storage tank
fund to the department of agriculture and land stewardship
two hundred fifty thousand dollars for the sole and exclusive
purpose of inspecting fuel quality at pipeline terminals and
renewable fuel production facilities, including salaries,
support, maintenance, and miscellaneous purposes.
NEW SUBSECTION. 9. Beginning September 1, 2010, the board
shall administer safety training, hazardous material training,
environmental training, and underground storage tank operator
training in the state to be provided by an entity approved by
the department of natural resources. The training provided
pursuant to this subsection shall be available to any tank
operator in the state at an equal and reasonable cost and
shall not be conditioned upon any other requirements. Each
fiscal year, the board shall not expend more than two hundred
fifty thousand dollars from the Iowa comprehensive petroleum
underground storage tank fund for purposes of administering
this subsection.
Sec. 178. Section 455G.4, subsection 1, paragraph a,
subparagraphs (3) and (5), Code Supplement 2009, are amended
to read as follows:
(3) The commissioner of insurance, or the commissioner's
designee. An employee of the department of management who
has been designated as a risk manager by the director of the
department of management.
(5) Two owners or operators appointed by the governor.
One of the owners or operators appointed pursuant to this
subparagraph shall have been a petroleum systems insured
through the underground storage tank insurance fund as it
existed on June 30, 2004, or a successor to the underground
storage tank insurance fund and shall have been an insured
through the insurance account of the comprehensive petroleum
underground storage tank fund on or before October 26, 1990.
One of the owners or operators appointed pursuant to this
subparagraph shall be self=insured. as follows:
(a) One member shall be an owner or operator who is
self=insured.
(b) One member shall be a member of the petroleum marketers
and convenience stores of Iowa or its designee.
Sec. 179. Section 455G.8, subsection 3, Code 2009, is
amended by striking the subsection.
Sec. 180. Section 455G.9, subsection 1, paragraphs d, k, and
l, Code 2009, are amended to read as follows:
d. One hundred percent of the costs of corrective action
and third=party liability for a release situated on property
acquired by a county for delinquent taxes pursuant to chapters
445 through 448, for which a responsible owner or operator
able to pay, other than the county, cannot be found. A county
is not a "responsible party" for a release in connection with
property which it acquires in connection with delinquent taxes,
and does not become a responsible party by sale or transfer
of property so acquired. In such situations, the board may
act as an agent for the county. Actual corrective action on
the site shall be overseen by the department, the board, and
a certified groundwater professional. Third=party liability
specifically excludes any claim, cause of action, or suit, for
personal injury including, but not limited to, loss of use
or of private enjoyment, mental anguish, false imprisonment,
wrongful entry or eviction, humiliation, discrimination, or
malicious prosecution. Reasonable acquisition costs do not
include any taxes or costs related to the collection of taxes.
k. Pursuant to an agreement between the board and the
department of natural resources, assessment and corrective
action arising out of releases at sites for which a no further
action certificate has been issued pursuant to section
455B.474, when the department determines that an unreasonable
risk to public health and safety may still exist or that
previously reported upon applicable target levels have been
exceeded. At a minimum, the agreement shall address eligible
costs, contracting for services, and conditions under which
sites may be reevaluated.
l. Costs Up to fifteen thousand dollars for the permanent
closure of an underground storage tank system that was in place
on the date an eligible claim was submitted under paragraph
"a" that does not meet performance standards for new or upgraded
tanks or is otherwise required to be closed pursuant to rules
adopted by the environmental protection commission pursuant to
section 455B.474. Reimbursement is limited to costs approved
by the board prior to the closure activities.
Sec. 181. Section 455G.9, subsection 4, Code 2009, is
amended to read as follows:
4. Minimum copayment schedule.
a. An owner or operator shall be required to pay the
greater of five thousand dollars or eighteen percent of the
first eighty thousand dollars of the total costs of corrective
action for that release, except for claims pursuant to section
455G.21, where the claimant is not a responsible party or
potentially responsible party for the site for which the claim
is filed.
b. If a site's actual expenses exceed eighty thousand
dollars, the remedial account shall pay the remainder, as
required by federal regulations, of the total costs of the
corrective action for that release, not to exceed one million
dollars, except that a county shall not be required to pay a
copayment in connection with a release situated on property
acquired in connection with delinquent taxes, as provided in
subsection 1, paragraph "d", unless subsequent to acquisition
the county actively operates a tank on the property for
purposes other than risk assessment, risk management, or tank
closure.
Sec. 182. Section 455G.9, subsection 7, Code 2009, is
amended to read as follows:
7. Expenses of cleanup not required. When an owner or
operator who is eligible for benefits under this chapter is
allowed by the department of natural resources to monitor in
place, the expenses incurred for cleanup beyond the level
required by the department of natural resources are not may
be covered under any of the accounts established under the
fund only if approved by the board as cost=effective relative
to the department accepted monitoring plan or relative to
the repeal date specified in section 424.19. The cleanup
expenses incurred for work completed beyond what is required
is the responsibility of the person contracting for the excess
cleanup. The board shall seek to terminate the responsible
party's environmental liabilities at such sites prior to the
board ceasing operation.
Sec. 183. Section 455G.9, subsection 10, Code 2009, is
amended to read as follows:
10. Expenses incurred by governmental subdivisions and
public works utilities. The board may shall adopt rules
for reimbursement for reasonable expenses incurred by
a governmental subdivision or public works utility for
sampling, treating, handling, or disposing, as required by the
department, of petroleum=contaminated soil and groundwater
encountered in a public right=of=way during installation,
maintenance, or repair of a utility or public improvement. The
board may seek full recovery from a responsible party liable
for the release for such expenses and for all other costs and
reasonable attorney fees and costs of litigation for which
moneys are expended by the fund. Any expense described in
this subsection incurred by the fund constitutes a lien upon
the property from which the release occurred. A lien shall be
recorded and an expense shall be collected in the same manner
as provided in section 424.11.
Sec. 184. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
APPLICABILITY. The section of this division of this Act
amending section 455G.9, subsection 4, being deemed of
immediate importance, takes effect upon enactment and applies
retroactively to January 1, 2010.
DIVISION XVI
BONDING AUTHORITY
Sec. 185. Section 455G.2, subsection 1, Code 2009, is
amended by striking the subsection.
Sec. 186. Section 455G.2, subsection 3, Code 2009, is
amended to read as follows:
3. "Bond" means a bond, note, or other obligation issued by
the authority treasurer of state for the fund and the purposes
of this chapter.
Sec. 187. Section 455G.3, subsection 2, Code 2009, is
amended to read as follows:
2. The board shall assist Iowa's owners and operators
of petroleum underground storage tanks in complying with
federal environmental protection agency technical and financial
responsibility regulations by establishment of the Iowa
comprehensive petroleum underground storage tank fund. The
authority treasurer of state may issue its bonds, or series of
bonds, to assist the board, as provided in this chapter.
Sec. 188. Section 455G.6, subsections 7 through 9, Code
Supplement 2009, are amended to read as follows:
7. The board may contract with the authority treasurer
of state for the authority treasurer of state to issue bonds
and do all things necessary with respect to the purposes of
the fund, as set out in the contract between the board and
the authority treasurer of state. The board may delegate to
the authority treasurer of state and the authority treasurer
of state shall then have all of the powers of the board
which are necessary to issue and secure bonds and carry
out the purposes of the fund, to the extent provided in
the contract between the board and the authority treasurer
of state. The authority treasurer of state may issue the
authority's treasurer of state's bonds in principal amounts
which, in the opinion of the board, are necessary to provide
sufficient funds for the fund, the payment of interest on the
bonds, the establishment of reserves to secure the bonds, the
costs of issuance of the bonds, other expenditures of the
authority treasurer of state incident to and necessary or
convenient to carry out the bond issue for the fund, and all
other expenditures of the board necessary or convenient to
administer the fund. The bonds are investment securities and
negotiable instruments within the meaning of and for purposes
of the uniform commercial code, chapter 554.
8. Bonds issued under this section are payable solely and
only out of the moneys, assets, or revenues of the fund, all
of which may be deposited with trustees or depositories in
accordance with bond or security documents and pledged by the
board to the payment thereof, and are not an indebtedness of
this state or the authority, or a charge against the general
credit or general fund of the state or the authority, and
the state shall not be liable for any financial undertakings
with respect to the fund. Bonds issued under this chapter
shall contain on their face a statement that the bonds do not
constitute an indebtedness of the state or the authority.
9. The proceeds of bonds issued by the authority treasurer
of state and not required for immediate disbursement may be
deposited with a trustee or depository as provided in the
bond documents and invested in any investment approved by
the authority treasurer of state and specified in the trust
indenture, resolution, or other instrument pursuant to which
the bonds are issued without regard to any limitation otherwise
provided by law.
Sec. 189. Section 455G.6, subsection 10, paragraph b, Code
Supplement 2009, is amended to read as follows:
b. Negotiable instruments under the laws of the state and
may be sold at prices, at public or private sale, and in a
manner, as prescribed by the authority treasurer of state.
Chapters 73A, 74, 74A and 75 do not apply to their sale or
issuance of the bonds.
Sec. 190. Section 455G.6, subsection 12, Code Supplement
2009, is amended to read as follows:
12. Bonds must be authorized by a trust indenture,
resolution, or other instrument of the authority treasurer of
state, approved by the board. However, a trust indenture,
resolution, or other instrument authorizing the issuance of
bonds may delegate to an officer of the issuer the power to
negotiate and fix the details of an issue of bonds.
Sec. 191. Section 455G.7, Code Supplement 2009, is amended
to read as follows:
455G.7 Security for bonds == capital reserve fund ==
irrevocable contracts.
1. a. For the purpose of securing one or more issues of
bonds for the fund, the authority treasurer of state, with
the approval of the board, may authorize the establishment
of one or more special funds, called "capital reserve funds".
The authority treasurer of state may pay into the capital
reserve funds the proceeds of the sale of its bonds and other
money which may be made available to the authority treasurer
of state from other sources for the purposes of the capital
reserve funds. Except as provided in this section, money in a
capital reserve fund shall be used only as required for any of
the following:
a. (1) The payment of the principal of and interest on
bonds or of the sinking fund payments with respect to those
bonds.
b. (2) The purchase or redemption of the bonds.
c. (3) The payment of a redemption premium required to be
paid when the bonds are redeemed before maturity.
b. However, money in a capital reserve fund shall not be
withdrawn if the withdrawal would reduce the amount in the
capital reserve fund to less than the capital reserve fund
requirement, except for the purpose of making payment, when
due, of principal, interest, redemption premiums on the bonds,
and making sinking fund payments when other money pledged to
the payment of the bonds is not available for the payments.
Income or interest earned by, or increment to, a capital
reserve fund from the investment of all or part of the capital
reserve fund may be transferred by the authority treasurer of
state to other accounts of the fund if the transfer does not
reduce the amount of the capital reserve fund below the capital
reserve fund requirement.
2. If the authority treasurer of state decides to issue
bonds secured by a capital reserve fund, the bonds shall not be
issued if the amount in the capital reserve fund is less than
the capital reserve fund requirement, unless at the time of
issuance of the bonds the authority treasurer of state deposits
in the capital reserve fund from the proceeds of the bonds to
be issued or from other sources, an amount which, together with
the amount then in the capital reserve fund, is not less than
the capital reserve fund requirement.
3. In computing the amount of a capital reserve fund for the
purpose of this section, securities in which all or a portion
of the capital reserve fund is invested shall be valued by a
reasonable method established by the authority treasurer of
state. Valuation shall include the amount of interest earned
or accrued as of the date of valuation.
4. In this section, "capital reserve fund requirement" means
the amount required to be on deposit in the capital reserve
fund as of the date of computation.
5. To assure maintenance of the capital reserve funds,
the authority treasurer of state shall, on or before July 1
of each calendar year, make and deliver to the governor the
authority's treasurer of state's certificate stating the sum,
if any, required to restore each capital reserve fund to the
capital reserve fund requirement for that fund. Within thirty
days after the beginning of the session of the general assembly
next following the delivery of the certificate, the governor
may submit to both houses printed copies of a budget including
the sum, if any, required to restore each capital reserve fund
to the capital reserve fund requirement for that fund. Any
sums appropriated by the general assembly and paid to the
authority treasurer of state pursuant to this section shall be
deposited in the applicable capital reserve fund.
6. All amounts paid by the state pursuant to this section
shall be considered advances by the state and, subject to the
rights of the holders of any bonds of the authority treasurer
of state that have previously been issued or will be issued,
shall be repaid to the state without interest from all
available revenues of the fund in excess of amounts required
for the payment of bonds of the authority treasurer of state,
the capital reserve fund, and operating expenses.
7. If any amount deposited in a capital reserve fund is
withdrawn for payment of principal, premium, or interest on
the bonds or sinking fund payments with respect to bonds
thus reducing the amount of that fund to less than the
capital reserve fund requirement, the authority treasurer of
state shall immediately notify the governor and the general
assembly of this event and shall take steps to restore the
capital reserve fund to the capital reserve fund requirement
for that fund from any amounts designated as being available
for such purpose.
Sec. 192. Section 455G.8, subsection 2, Code 2009, is
amended to read as follows:
2. Statutory allocations fund. The moneys credited from the
statutory allocations fund under section 321.145, subsection
2, paragraph "a", shall be allocated, consistent with this
chapter, among the fund's accounts, for debt service and other
fund expenses, according to the fund budget, resolution, trust
agreement, or other instrument prepared or entered into by the
board or authority treasurer of state under direction of the
board.
Sec. 193. REPEAL. Section 16.151, Code 2009, is repealed.
Sec. 194. REPEAL. 1989 Iowa Acts, chapter 131, section
63, as amended by 2009 Iowa Acts, chapter 184, section 39, is
repealed.
Sec. 195. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION XVII
UNEMPLOYMENT INSURANCE BENEFITS
Sec. 196. CASH RESERVE APPROPRIATION == UNEMPLOYMENT TRUST
FUND ACCOUNT.
1. On or before August 15, 2010, following the computation
date required pursuant to section 96.7, subsection 2, paragraph
"d", subparagraph (1), unnumbered paragraph 1, as amended
by this Act, and upon the approval of the director of the
department of management, there is appropriated from the cash
reserve fund created in section 8.56 to the unemployment
trust fund account of the unemployment compensation fund for
the fiscal year beginning July 1, 2010, and ending June 30,
2011, up to $20 million. This loan is contingent upon being
necessary to reach contribution rate table 3 rather than
contribution rate table 2 for calendar year 2011. Any moneys
appropriated pursuant to this subsection shall be considered
a loan for the payment of unemployment insurance benefits and
the repayment of such moneys to the cash reserve fund shall
occur pursuant to subsection 2. If the amount necessary to
prevent table 2 from being applied is more than $20 million,
this section is repealed. Section 8.56, subsections 3 and 4,
shall not apply to the appropriation in this section.
2. Following the fiscal year beginning July 1, 2010,
and ending June 30, 2011, the department of workforce
development, in coordination with the department of management,
shall develop a plan for the transfer of an amount equal
to the amount appropriated pursuant to subsection 1 from
the unemployment trust fund account of the unemployment
compensation fund to the cash reserve fund without adversely
impacting the solvency of the unemployment trust fund account.
3. By December 1, 2011, the director of the department of
workforce development shall submit to the general assembly,
with the report required under section 96.35, the director's
recommendations regarding the transfer of moneys as required
under subsection 2.
Sec. 197. Section 96.7, subsection 2, paragraph d,
subparagraph (1), unnumbered paragraph 1, Code Supplement 2009,
is amended to read as follows:
The current reserve fund ratio is computed by dividing
the total funds available for payment of benefits, on the
computation date or on August 15 following the computation
date if the total funds available for payment of benefits is a
higher amount on August 15, by the total wages paid in covered
employment excluding reimbursable employment wages during the
first four calendar quarters of the five calendar quarters
immediately preceding the computation date. However, in
computing the current reserve fund ratio the following amounts
shall be added to the total funds available for payment of
benefits on the following computation dates:
DIVISION XVIII
TERRACE HILL
Sec. 198. TERRACE HILL OPERATIONS == CASH RESERVE FUND ==
DEPARTMENT OF ADMINISTRATIVE SERVICES. There is appropriated
from the cash reserve fund created in section 8.56 to the
department of administrative services for the fiscal year
beginning July 1, 2010, and ending June 30, 2011, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes necessary for the operation of Terrace Hill:
.................................................. $ 168,494
Sec. 199. TERRACE HILL == GENERAL FUND == DEPARTMENT OF
ADMINISTRATIVE SERVICES. There is appropriated from the
general fund of the state to the department of administrative
services for the fiscal year beginning July 1, 2009, and ending
June 30, 2010, the following amount, or so much thereof as is
necessary, to be used for the purposes designated:
For salaries, support, maintenance, and miscellaneous
purposes necessary for the operation of Terrace Hill, and for
not more than the following full=time equivalent positions:
.................................................. $ 263,329
............................................... FTEs 6.38
Sec. 200. TERRACE HILL QUARTERS. The amount appropriated
from the general fund of the state to the offices of the
governor and the lieutenant governor for Terrace Hill quarters
pursuant to 2010 Iowa Acts, Senate File 2367, for the fiscal
year beginning July 1, 2010, and ending June 30, 2011, is
reduced by $263,329. The number of full=time equivalent
positions authorized pursuant to 2010 Iowa Acts, Senate File
2367, for purposes of Terrace Hill quarters for the fiscal year
beginning July 1, 2010, and ending June 30, 2011, is reduced by
8.12 full=time equivalent positions.
DIVISION XIX
HEALTH CARE PROGRAMS AND APPROPRIATIONS
Sec. 201. Section 249J.7, Code 2009, is amended to read as
follows:
249J.7 Expansion population provider network.
1. a. Expansion population members shall only be eligible
to receive expansion population services through a provider
included in the expansion population provider network. Except
as otherwise provided in this chapter, the expansion population
provider network shall be limited to a publicly owned acute
care teaching hospital located in a county with a population
over three hundred fifty thousand, the university of Iowa
hospitals and clinics, and the state hospitals for persons
with mental illness designated pursuant to section 226.1 with
the exception of the programs at such state hospitals for
persons with mental illness that provide substance abuse
treatment, serve gero=psychiatric patients, or treat sexually
violent predators and a regional provider network utilizing
the federally qualified health centers or federally qualified
health center look=alikes in the state, to provide primary care
to members.
b. (1) The department shall develop a plan to phase=in
the regional provider network by determining the most highly
underserved areas on a statewide and regional basis, and
targeting these areas for prioritization in implementing the
regional provider network. In developing the phase=in plan
the department shall consult with the medical assistance
projections and assessment council created in section 249J.20.
Any plan developed shall be approved by the council prior
to implementation. The phase=in of the regional provider
network shall be implemented in a manner that ensures that
program expenditures do not exceed budget neutrality limits and
funded program capacity, and that ensures compliance with the
eligibility maintenance of effort requirements of the federal
American Recovery and Reinvestment Act of 2009.
(2) Payment shall only be made to designated participating
primary care providers for eligible primary care services
provided to a member.
(3) The department shall adopt rules pursuant to chapter
17A, in collaboration with the medical home advisory
council established pursuant to section 135.159, specifying
requirements for medical homes including certification, with
which regional provider network participating providers shall
comply, as appropriate.
(4) The department may also designate other private
providers and hospitals to participate in the regional provider
network, to provide primary and specialty care, subject to the
availability of funds.
(5) Notwithstanding any provision to the contrary, the
department shall develop a methodology to reimburse regional
provider network participating providers designated under this
subsection.
c. Tertiary care shall only be provided to eligible
expansion population members residing in any county in the
state at the university of Iowa hospitals and clinics.
d. Until such time as the publicly owned acute care
teaching hospital located in a county with a population over
three hundred fifty thousand notifies the department that
such hospital has reached service capacity, the hospital and
the university of Iowa hospitals and clinics shall remain the
only expansion population providers for the residents of such
county.
2. Expansion population services provided to expansion
population members by providers included in the expansion
population provider network the publicly owned acute care
teaching hospital located in a county with a population
over three hundred fifty thousand and the university of Iowa
hospitals and clinics shall be payable at the full benefit
recipient rates.
3. Providers included in the expansion population provider
network shall submit clean claims within twenty days of the
date of provision of an expansion population service to an
expansion population member.
4. Unless otherwise prohibited by law, a provider under
the expansion population provider network may deny care to
an individual who refuses to apply for coverage under the
expansion population.
5. Notwithstanding the provision of section 347.16,
subsection 2, requiring the provision of free care and
treatment to the persons described in that subsection, the
publicly owned acute care teaching hospital described in
subsection 1 may require any sick or injured person seeking
care or treatment at that hospital to be subject to financial
participation, including but not limited to copayments
or premiums, and may deny nonemergent care or treatment
to any person who refuses to be subject to such financial
participation.
6. The department shall utilize up to seven million three
hundred thousand dollars in certified public expenditures at
the university of Iowa hospitals and clinics to maximize the
availability of state funding to provide necessary access
to both primary and specialty physician care to expansion
population members. The resulting savings to the state
shall be utilized to reimburse physician services provided
to expansion population members at the university of Iowa
hospitals and clinics and to reimburse providers designated
to participate in the regional provider network for services
provided to expansion population members.
7. The department shall adopt rules to establish clinical
transfer and referral protocols to be used by providers
included in the expansion population provider network.
Sec. 202. 2010 Iowa Acts, Senate File 2156, section 5, if
enacted, is repealed.
Sec. 203. 2010 Iowa Acts, Senate File 2356, section 2,
amending section 249J.7, if enacted, is repealed.
Sec. 204. 2010 Iowa Acts, House File 2526, section 11,
subsection 13, if enacted, is amended to read as follows:
13. The university of Iowa hospitals and clinics shall
either certify public expenditures or transfer to the medical
assistance appropriation an amount equal to provide the
nonfederal share for increased medical assistance payments for
inpatient hospital services of $7,500,000 up to $9,900,000.
The university of Iowa hospitals and clinics shall receive and
retain 100 percent of the total increase in medical assistance
payments.
Sec. 205. 2010 Iowa Acts, House File 2526, section 41,
subsection 3, unnumbered paragraph 2, if enacted, is amended
to read as follows:
For salaries, support, maintenance, equipment, and
miscellaneous purposes for the provision of medical and
surgical treatment of indigent patients, for provision of
services to members of the expansion population pursuant to
chapter 249J, and for medical education:
.................................................. $ 12,000,000
14,000,000
Sec. 206. 2010 Iowa Acts, House File 2526, section 41,
subsection 6, if enacted, is amended to read as follows:
6. Contingent upon enactment of 2010 Iowa Acts, Senate File
2356, there is appropriated from the IowaCare account created
in section 249J.24 to the department of human services for the
fiscal year beginning July 1, 2010, and ending June 30, 2011,
the following amount, or so much thereof as is necessary to be
used for the purposes designated:
For payment to nonparticipating providers for covered
services provided in accordance with section 249J.24A:
.................................................. $ 2,000,000
Sec. 207. HOSPITAL HEALTH CARE ACCESS TRUST FUND ==
APPROPRIATIONS. There is appropriated from the hospital
health care access trust fund created in section 249M.4, if
enacted by 2010 Iowa Acts, Senate File 2388, to the department
of human services for the fiscal year beginning July 1, 2010,
and ending June 30, 2011, the following amounts, or so much
thereof as is necessary, for the purposes designated:
1. For the medical assistance program:
.................................................. $ 39,406,000
Of the funds appropriated in this subsection, $20,542,883
shall be used for reimbursement of hospitals under the medical
assistance program in accordance with section 249M.4, if
enacted by 2010 Iowa Acts, Senate File 2388.
2. For deposit in the nonparticipating provider
reimbursement fund created in section 249J.24A for the purposes
of the fund:
.................................................. $ 594,000
Sec. 208. NONPARTICIPATING PROVIDER REIMBURSEMENT FUND
== APPROPRIATION. Contingent upon enactment of 2010 Iowa
Acts, Senate File 2388, there is appropriated from the
nonparticipating provider reimbursement fund created in section
249J.24A to the department of human services for the fiscal
year beginning July 1, 2010, and ending June 30, 2011, the
following amount, or so much thereof as is necessary, for the
purposes designated:
To reimburse nonparticipating providers in accordance with
section 249J.24A:
.................................................. $ 2,000,000
Sec. 209. MEDICAL ASSISTANCE PROGRAM == APPROPRIATION
REDUCTION. Contingent upon enactment of 2010 Iowa Acts, Senate
File 2388, the appropriation from the general fund of the state
to the department of human services for the medical assistance
program for the fiscal year beginning July 1, 2010, and ending
June 30, 2011, as specified in 2010 Iowa Acts, House File 2526,
section 11, if enacted, is reduced by $18,863,117.
Sec. 210. CONTINGENT IMPLEMENTATION. Implementation of the
provisions of this division of this Act making appropriations
from the hospital health care access trust fund and the
nonparticipating provider reimbursement fund and reducing the
medical assistance program appropriation are contingent upon
the department of human services receiving approval of the
requests relating to medical assistance waivers and state plan
amendments necessary to implement the hospital health care
access trust fund if enacted by 2010 Iowa Acts, Senate File
2388.
DIVISION XX
WAIVER OF PENALTIES AND INTEREST
Sec. 211. WAIVER OF PENALTIES AND INTEREST ==
DISASTER=RELATED LOSSES == REFUNDS.
1. Notwithstanding sections 421.8, 421.27, and 422.25, if a
taxpayer has filed a return for tax year 2008 relying in good
faith on the expectation that the state of Iowa would conform
to the federal treatment of disaster=related casualty losses
under section 165(h) of the Internal Revenue Code, as modified
by the Heartland Disaster Relief Act of 2008, Pub. L. No.
110=343, in computing net income for state tax purposes, the
director of revenue shall, for any taxpayer amending the return
in the time permitted by statute, waive any penalty or interest
due as a result of either a failure to timely pay the tax due or
the filing of a defective or incorrect return.
2. If, prior to the effective date of this division of this
Act, a taxpayer paid penalties or interest as a result of a
good=faith reliance on the state conforming to section 165(h)
of the Internal Revenue Code, the department of revenue shall
refund such penalties and interest to the taxpayer.
Sec. 212. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
APPLICABILITY. This division of this Act, being deemed of
immediate importance, takes effect upon enactment and applies
retroactively to January 1, 2008, for tax years beginning on or
after that date and before January 1, 2009.
PATRICK J. MURPHY
Speaker of the House
JOHN P. KIBBIE
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2531, Eighty=third General Assembly.
MARK BRANDSGARD
Chief Clerk of the House
Approved , 2010
CHESTER J. CULVER
Governor
-1-
Text: HF2530
Text: HF2532