Text: SF537
Text: SF539
Senate File 538
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SSB
1219)
(As Amended and Passed by the Senate June 22, 2011)
A BILL FOR
1 An Act relating to the finances of state and local government
2 by providing for funding of property tax credits and
3 reimbursements, by making and adjusting appropriations,
4 providing for salaries and compensation of state employees,
5 providing for matters relating to tax credits, providing for
6 fees and penalties, providing for legal responsibilities,
7 and providing for properly related matters, and including
8 effective date and retroactive and other applicability
9 provisions.
10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
SF 538 (5) 84
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PAG LIN
1 1 DIVISION I
1 2 STANDING APPROPRIATIONS AND RELATED MATTERS ==== FY 2011=2012
1 3 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2012=2013.
1 4 1. For the budget process applicable to the fiscal year
1 5 beginning July 1, 2012, on or before October 1, 2011, in lieu
1 6 of the information specified in section 8.23, subsection 1,
1 7 unnumbered paragraph 1, and paragraph "a", all departments and
1 8 establishments of the government shall transmit to the director
1 9 of the department of management, on blanks to be furnished by
1 10 the director, estimates of their expenditure requirements,
1 11 including every proposed expenditure, for the ensuing fiscal
1 12 year, together with supporting data and explanations as called
1 13 for by the director of the department of management after
1 14 consultation with the legislative services agency.
1 15 2. The estimates of expenditure requirements shall be
1 16 in a form specified by the director of the department of
1 17 management, and the expenditure requirements shall include all
1 18 proposed expenditures and shall be prioritized by program or
1 19 the results to be achieved. The estimates shall be accompanied
1 20 by performance measures for evaluating the effectiveness of the
1 21 programs or results.
1 22 Sec. 2. LIMITATION OF STANDING APPROPRIATIONS.
1 23 Notwithstanding the standing appropriations in the following
1 24 designated sections for the fiscal year beginning July 1, 2011,
1 25 and ending June 30, 2012, the amounts appropriated from the
1 26 general fund of the state pursuant to these sections for the
1 27 following designated purposes shall not exceed the following
1 28 amounts:
1 29 1. For operational support grants and community cultural
1 30 grants under section 99F.11, subsection 3, paragraph "d",
1 31 subparagraph (1):
1 32 .................................................. $ 416,702
1 33 2. For regional tourism marketing under section 99F.11,
1 34 subsection 3, paragraph "d", subparagraph (2):
1 35 .................................................. $ 810,306
2 1 3. For the center for congenital and inherited disorders
2 2 central registry under section 144.13A, subsection 4, paragraph
2 3 "a":
2 4 .................................................. $ 171,121
2 5 4. For primary and secondary child abuse prevention
2 6 programs under section 144.13A, subsection 4, paragraph "a":
2 7 .................................................. $ 217,772
2 8 5. For programs for at=risk children under section 279.51:
2 9 .................................................. $ 10,728,891
2 10 The amount of any reduction in this subsection shall be
2 11 prorated among the programs specified in section 279.51,
2 12 subsection 1, paragraphs "a", "b", and "c".
2 13 6. For payment for nonpublic school transportation under
2 14 section 285.2:
2 15 .................................................. $ 7,060,931
2 16 If total approved claims for reimbursement for nonpublic
2 17 school pupil transportation exceed the amount appropriated in
2 18 accordance with this subsection, the department of education
2 19 shall prorate the amount of each approved claim.
2 20 7. For reimbursement for the homestead property tax credit
2 21 under section 425.1:
2 22 .................................................. $ 86,188,387
2 23 8. For reimbursement for the family farm and agricultural
2 24 land tax credits under sections 425A.1 and 426.1:
2 25 .................................................. $ 32,395,131
2 26 9. For the enforcement of chapter 453D relating to tobacco
2 27 product manufacturers under section 453D.8:
2 28 .................................................. $ 18,416
2 29 Sec. 3. INSTRUCTIONAL SUPPORT STATE AID ==== FY 2011=2012. In
2 30 lieu of the appropriation provided in section 257.20,
2 31 subsection 2, the appropriation for the fiscal year
2 32 beginning July 1, 2011, and ending June 30, 2012, for paying
2 33 instructional support state aid under section 257.20 for fiscal
2 34 year 2011=2012 is zero.
2 35 Sec. 4. Section 256.30, unnumbered paragraph 1, Code 2011,
3 1 is amended by striking the unnumbered paragraph and inserting
3 2 in lieu thereof the following:
3 3 For the fiscal year beginning July 1, 2011, and ending
3 4 June 30, 2012, and for each succeeding fiscal year, there
3 5 is appropriated from the general fund of the state to the
3 6 department the sum of one hundred thousand dollars. The
3 7 department shall distribute the appropriation to the tribal
3 8 council of the Sac and Fox Indian settlement for expenses of
3 9 educating American Indian children residing in the Sac and Fox
3 10 Indian settlement on land held in trust by the secretary of
3 11 the interior of the United States in excess of federal moneys
3 12 paid to the tribal council for educating the American Indian
3 13 children when moneys are appropriated for that purpose. The
3 14 tribal council shall administer the moneys distributed pursuant
3 15 to this section and shall submit an annual report and other
3 16 reports as required by the department to the department on the
3 17 expenditure of the moneys.
3 18 Sec. 5. Section 257.35, Code 2011, is amended by adding the
3 19 following new subsection:
3 20 NEW SUBSECTION. 5A. Notwithstanding subsection 1, and in
3 21 addition to the reduction applicable pursuant to subsection
3 22 2, the state aid for area education agencies and the portion
3 23 of the combined district cost calculated for these agencies
3 24 for the fiscal year beginning July 1, 2011, and ending June
3 25 30, 2012, shall be reduced by the department of management by
3 26 twenty million dollars. The reduction for each area education
3 27 agency shall be prorated based on the reduction that the agency
3 28 received in the fiscal year beginning July 1, 2003.
3 29 DIVISION II
3 30 SALARIES, COMPENSATION, AND RELATED MATTERS ==== FY 2011=2012
3 31 Sec. 6. APPOINTED STATE OFFICERS.
3 32 1. The governor shall establish a salary for appointed
3 33 nonelected persons in the executive branch of state government
3 34 holding a position enumerated in and within the salary
3 35 ranges provided in 2008 Iowa Acts, chapter 1191, section 14,
4 1 by considering, among other items, the experience of the
4 2 individual in the position, changes in the duties of the
4 3 position, the incumbent's performance of assigned duties, and
4 4 subordinates' salaries. However, the attorney general shall
4 5 establish the salary for the consumer advocate, the chief
4 6 justice of the supreme court shall establish the salary for the
4 7 state court administrator, the ethics and campaign disclosure
4 8 board shall establish the salary of the executive director, and
4 9 the Iowa public broadcasting board shall establish the salary
4 10 of the administrator of the public broadcasting division of the
4 11 department of education, each within the salary range provided
4 12 in 2008 Iowa Acts, chapter 1191, section 14.
4 13 2. The governor, in establishing salaries as provided in
4 14 this section, shall take into consideration other employee
4 15 benefits which may be provided for an individual including but
4 16 not limited to housing.
4 17 3. A person whose salary is established pursuant to this
4 18 section and who is a full=time, year=round employee of the
4 19 state shall not receive any other remuneration from the state
4 20 or from any other source for the performance of that person's
4 21 duties unless the additional remuneration is first approved by
4 22 the governor or authorized by law. However, this provision
4 23 does not exclude the reimbursement for necessary travel and
4 24 expenses incurred in the performance of duties or fringe
4 25 benefits normally provided to employees of the state.
4 26 Sec. 7. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The
4 27 various state departments, boards, commissions, councils,
4 28 and agencies, including the state board of regents, for
4 29 the fiscal year beginning July 1, 2011, and ending June 30,
4 30 2012, shall provide from available sources pay adjustments,
4 31 expense reimbursements, and related benefits to fully fund the
4 32 following:
4 33 1. The collective bargaining agreement negotiated pursuant
4 34 to chapter 20 for employees in the blue collar bargaining unit.
4 35 2. The collective bargaining agreement negotiated pursuant
5 1 to chapter 20 for employees in the public safety bargaining
5 2 unit.
5 3 3. The collective bargaining agreement negotiated pursuant
5 4 to chapter 20 for employees in the security bargaining unit.
5 5 4. The collective bargaining agreement negotiated pursuant
5 6 to chapter 20 for employees in the technical bargaining unit.
5 7 5. The collective bargaining agreement negotiated pursuant
5 8 to chapter 20 for employees in the professional fiscal and
5 9 staff bargaining unit.
5 10 6. The collective bargaining agreement negotiated pursuant
5 11 to chapter 20 for employees in the clerical bargaining unit.
5 12 7. The collective bargaining agreement negotiated pursuant
5 13 to chapter 20 for employees in the professional social services
5 14 bargaining unit.
5 15 8. The collective bargaining agreement negotiated pursuant
5 16 to chapter 20 for employees in the community=based corrections
5 17 bargaining unit.
5 18 9. The collective bargaining agreements negotiated
5 19 pursuant to chapter 20 for employees in the judicial branch of
5 20 government bargaining units.
5 21 10. The collective bargaining agreement negotiated pursuant
5 22 to chapter 20 for employees in the patient care bargaining
5 23 unit.
5 24 11. The collective bargaining agreement negotiated pursuant
5 25 to chapter 20 for employees in the science bargaining unit.
5 26 12. The collective bargaining agreement negotiated pursuant
5 27 to chapter 20 for employees in the university of northern Iowa
5 28 faculty bargaining unit.
5 29 13. The collective bargaining agreement negotiated pursuant
5 30 to chapter 20 for employees in the state university of Iowa
5 31 graduate student bargaining unit.
5 32 14. The collective bargaining agreement negotiated pursuant
5 33 to chapter 20 for employees in the state university of Iowa
5 34 hospital and clinics tertiary health care bargaining unit.
5 35 15. The annual pay adjustments, related benefits, and
6 1 expense reimbursements referred to in the sections of this
6 2 division of this Act addressing state board of regents
6 3 employees who are not covered by a collective bargaining
6 4 agreement.
6 5 Sec. 8. STATE EMPLOYEES ==== STATE BOARD OF REGENTS. For
6 6 the fiscal year beginning July 1, 2011, and ending June 30,
6 7 2012, funds shall be provided from available sources of the
6 8 state board of regents for funding of collective bargaining
6 9 agreements for state board of regents employees covered by
6 10 such agreements and for the following state board of regents
6 11 employees not covered by a collective bargaining agreement:
6 12 1. Regents merit system employees and merit supervisory
6 13 employees.
6 14 2. Faculty members and professional and scientific
6 15 employees.
6 16 Sec. 9. BONUS PAY. For the fiscal year beginning July 1,
6 17 2011, and ending June 30, 2012, employees of the executive
6 18 branch, judicial branch, and legislative branch shall not
6 19 receive bonus pay unless otherwise authorized by law, required
6 20 pursuant to a contract of employment entered into before July
6 21 1, 2011, or required pursuant to a collective bargaining
6 22 agreement. This section does not apply to employees of the
6 23 state board of regents. For purposes of this section, "bonus
6 24 pay" means any additional remuneration provided an employee in
6 25 the form of a bonus, including but not limited to a retention
6 26 bonus, recruitment bonus, exceptional job performance pay,
6 27 extraordinary job performance pay, exceptional performance pay,
6 28 extraordinary duty pay, or extraordinary or special duty pay,
6 29 and any extra benefit not otherwise provided to other similarly
6 30 situated employees.
6 31 Sec. 10. STATE TROOPER MEAL ALLOWANCE. For the fiscal
6 32 year beginning July 1, 2011, the sworn peace officers in the
6 33 department of public safety who are not covered by a collective
6 34 bargaining agreement negotiated pursuant to chapter 20 shall
6 35 receive the same per diem meal allowance as the sworn peace
7 1 officers in the department of public safety who are covered
7 2 by a collective bargaining agreement negotiated pursuant to
7 3 chapter 20.
7 4 Sec. 11. SALARY MODEL ADMINISTRATOR. The salary model
7 5 administrator shall work in conjunction with the legislative
7 6 services agency to maintain the state's salary model used for
7 7 analyzing, comparing, and projecting state employee salary
7 8 and benefit information, including information relating to
7 9 employees of the state board of regents. The department of
7 10 revenue, the department of administrative services, the five
7 11 institutions under the jurisdiction of the state board of
7 12 regents, the judicial district departments of correctional
7 13 services, and the state department of transportation shall
7 14 provide salary data to the department of management and the
7 15 legislative services agency to operate the state's salary
7 16 model. The format and frequency of provision of the salary
7 17 data shall be determined by the department of management and
7 18 the legislative services agency. The information shall be
7 19 used in collective bargaining processes under chapter 20 and
7 20 in calculating the funding needs contained within the annual
7 21 salary adjustment legislation. A state employee organization
7 22 as defined in section 20.3, subsection 4, may request
7 23 information produced by the model, but the information provided
7 24 shall not contain information attributable to individual
7 25 employees.
7 26 DIVISION III
7 27 PERFORMANCE OF DUTY
7 28 Sec. 12. Section 7D.10, Code 2011, is amended to read as
7 29 follows:
7 30 7D.10 Court costs.
7 31 If sufficient funds for court costs have not been
7 32 appropriated to a state department, or if sufficient funds are
7 33 not otherwise available for such purposes within the budget of
7 34 a state department, upon authorization by the executive council
7 35 may pay, out of any money in the state treasury there is
8 1 appropriated from moneys in the general fund of the state not
8 2 otherwise appropriated, an amount sufficient to pay expenses
8 3 incurred, or costs taxed to the state, in any proceeding
8 4 brought by or against any of the state departments or in which
8 5 the state is a party or is interested. This section shall
8 6 not be construed to authorize the payment of travel or other
8 7 personal expenses of state officers or employees.
8 8 Sec. 13. Section 7D.10A, as amended by 2011 Iowa Acts,
8 9 Senate File 478, section 11, as enacted, is amended to read as
8 10 follows:
8 11 7D.10A Allocation Payment to livestock remediation fund.
8 12 If moneys are not sufficient to support the livestock
8 13 remediation fund as provided in chapter 459, subchapter V, the
8 14 executive council may allocate from moneys in the general fund
8 15 of the state, which are not otherwise obligated or encumbered,
8 16 authorize as an expense paid from the appropriations addressed
8 17 in section 7D.29 the payment of an amount to the livestock
8 18 remediation fund as provided under section 459.501, subsection
8 19 5. However, not more than a total of one million dollars shall
8 20 be allocated shall be paid pursuant to this section to the
8 21 livestock remediation fund at any time.
8 22 Sec. 14. Section 7D.29, Code 2011, is amended to read as
8 23 follows:
8 24 7D.29 Performance of duty == expense.
8 25 1. The executive council shall not employ others, or incur
8 26 authorize any expense, for the purpose of performing any duty
8 27 imposed upon the council when the duty may, without neglect of
8 28 their usual duties, be performed by the members, or by their
8 29 regular employees, but, subject to this limitation, the council
8 30 may incur authorize the necessary expense to perform or cause
8 31 to be performed any legal duty imposed on the council, and pay
8 32 the same out of any money in the state treasury not otherwise
8 33 appropriated. The expenses authorized by the executive council
8 34 in accordance with this section and the expenses authorized
8 35 by the executive council in accordance with other statutory
9 1 provisions referencing the appropriations addressed in this
9 2 section shall be paid as follows:
9 3 a. From the appropriation made from the Iowa economic
9 4 emergency fund in section 8.55 for purposes of paying such
9 5 expenses.
9 6 b. To the extent the appropriation from the Iowa economic
9 7 emergency fund described in paragraph "a" is insufficient to
9 8 pay such expenses, there is appropriated from moneys in the
9 9 general fund of the state not otherwise appropriated the amount
9 10 necessary to fund that deficiency.>
9 11 2. At least two weeks prior to the executive council's
9 12 approval of a payment authorization under this section,
9 13 the secretary of the executive council shall notify the
9 14 legislative services agency that the authorization request
9 15 will be considered by the executive council and shall provide
9 16 background information justifying the request.
9 17 3. The executive council shall receive requests from the
9 18 Iowa department of public health relative to the purchase,
9 19 storing, and distribution of vaccines and medication for
9 20 prevention, prophylaxis, or treatment. Upon review and after
9 21 compliance with subsection 2, the executive council may approve
9 22 the request and may incur authorize payment of the necessary
9 23 expense and pay the same out of any money in the state treasury
9 24 not otherwise appropriated. The expense authorized by the
9 25 executive council under this subsection shall be paid from the
9 26 appropriations referred to in subsection 1.
9 27 Sec. 15. Section 7D.30, Code 2011, is amended to read as
9 28 follows:
9 29 7D.30 Necessary record.
9 30 Before incurring authorizing any expense authorized by in
9 31 accordance with section 7D.29, the executive council shall,
9 32 in each case, by resolution, entered upon its records, set
9 33 forth the necessity for incurring authorizing such expense,
9 34 the special fitness of the one employed to perform such work,
9 35 the definite rate of compensation or salary allowed, and the
10 1 total amount of money that may be expended. Compensation or
10 2 salary for personal services in such cases must be determined
10 3 by unanimous vote of all members of the council.
10 4 Sec. 16. Section 8.55, subsection 3, paragraph a, Code 2011,
10 5 is amended to read as follows:
10 6 a. Except as provided in paragraphs "b", and "c", and
10 7 "0d", the moneys in the Iowa economic emergency fund shall
10 8 only be used pursuant to an appropriation made by the general
10 9 assembly. An appropriation shall only be made for the fiscal
10 10 year in which the appropriation is made. The moneys shall
10 11 only be appropriated by the general assembly for emergency
10 12 expenditures.
10 13 Sec. 17. Section 8.55, subsection 3, Code 2011, is amended
10 14 by adding the following new paragraph:
10 15 NEW PARAGRAPH. 0d. There is appropriated from the Iowa
10 16 economic emergency fund to the executive council an amount
10 17 sufficient to pay the expenses authorized by the executive
10 18 council, as addressed in section 7D.29.
10 19 Sec. 18. Section 8A.321, subsection 4, Code 2011, is amended
10 20 to read as follows:
10 21 4. Contract, with the approval of the executive council,
10 22 for the repair, remodeling, or, if the condition warrants,
10 23 demolition of all buildings and grounds of the state at
10 24 the seat of government, at the state laboratories facility
10 25 in Ankeny, and the institutions of the department of human
10 26 services and the department of corrections for which no
10 27 specific appropriation has been made, if the cost of repair,
10 28 remodeling, or demolition will not exceed one hundred thousand
10 29 dollars when completed. The cost of repair projects for which
10 30 no specific appropriation has been made shall be paid from
10 31 the fund as an expense authorized by the executive council as
10 32 provided in section 7D.29.
10 33 Sec. 19. Section 8A.321, subsection 6, paragraphs a and b,
10 34 Code 2011, are amended to read as follows:
10 35 a. Lease all buildings and office space necessary to
11 1 carry out the provisions of this subchapter or necessary for
11 2 the proper functioning of any state agency at the seat of
11 3 government. For state agencies at the seat of government, the
11 4 director may lease buildings and office space in Polk county
11 5 or in a county contiguous to Polk county. If no specific
11 6 appropriation has been made, the proposed lease shall be
11 7 submitted to the executive council for approval authorization
11 8 and if authorized lease expense shall be paid from the
11 9 appropriations addressed in section 7D.29. The cost of any
11 10 lease for which no specific appropriation has been made shall
11 11 be paid from the fund provided in section 7D.29.
11 12 b. When the general assembly is not in session, the director
11 13 may request moneys an expense authorization from the executive
11 14 council for moving state agencies located at the seat of
11 15 government from one location to another. The request may
11 16 include moving costs, telecommunications costs, repair costs,
11 17 or any other costs relating to the move. The executive council
11 18 may approve and shall pay the costs from funds authorize the
11 19 expenses provided and may authorize the expenses to be paid
11 20 from the appropriations addressed in section 7D.29 if it
11 21 determines the agency or department has no available does not
11 22 have funds available for these expenses.
11 23 Sec. 20. Section 11.32, as amended by 2011 Iowa Acts,
11 24 House File 536, section 26, as enacted, is amended to read as
11 25 follows:
11 26 11.32 Certified accountants employed.
11 27 Nothing in this chapter shall prohibit the auditor of state,
11 28 with the prior written permission of the state executive
11 29 council, from employing certified public accountants for
11 30 specific assignments. The auditor of state may employ such
11 31 accountants for any assignment now expressly reserved to the
11 32 auditor of state. Payments, after approval by the executive
11 33 council, will shall be made to the accountants so employed from
11 34 funds from which the auditor of state would have been paid had
11 35 the auditor of state performed the assignment, or if no such
12 1 specific funds are indicated not available, then payment will
12 2 be made from the funds of authorization of the expense by the
12 3 executive council shall be requested, and if authorized shall
12 4 be paid from the appropriations addressed in section 7D.29.
12 5 Sec. 21. Section 13.3, Code 2011, is amended to read as
12 6 follows:
12 7 13.3 Disqualification == substitute.
12 8 1. If, for any reason, the attorney general be is
12 9 disqualified from appearing in any action or proceeding, the
12 10 executive council shall appoint some authorize the appointment
12 11 of a suitable person for that purpose and defray the. There
12 12 is appropriated from moneys in the general fund not otherwise
12 13 appropriated an amount necessary to pay the reasonable expense
12 14 thereof from any unappropriated funds in the state treasury for
12 15 the person appointed. The department involved in the action or
12 16 proceeding shall be requested to recommend a suitable person
12 17 to represent the department and when the executive council
12 18 concurs in the recommendation, the person recommended shall be
12 19 appointed.
12 20 2. If the governor or a department is represented by an
12 21 attorney other than the attorney general in a court proceeding
12 22 as provided in this section, at the conclusion of the court
12 23 proceedings, the court shall review the fees charged to the
12 24 state to determine if the fees are fair and reasonable. The
12 25 executive council shall not reimburse authorize reimbursement
12 26 of attorney fees in excess of those determined by the court to
12 27 be fair and reasonable.
12 28 Sec. 22. Section 13.7, Code 2011, is amended to read as
12 29 follows:
12 30 13.7 Special counsel.
12 31 Compensation shall not be allowed to any person for services
12 32 as an attorney or counselor to an executive department of
12 33 the state government, or the head thereof of an executive
12 34 department of state government, or to a state board or
12 35 commission. However, the executive council may employ
13 1 authorize employment of legal assistance, at a reasonable
13 2 compensation, in a pending action or proceeding to protect the
13 3 interests of the state, but only upon a sufficient showing,
13 4 in writing, made by the attorney general, that the department
13 5 of justice cannot for reasons stated by the attorney general
13 6 perform the service, which. The reasons and action of the
13 7 council shall be entered upon its records. When If the
13 8 attorney general determines that the department of justice
13 9 cannot perform legal service in an action or proceeding,
13 10 the executive council shall request the department involved
13 11 in the action or proceeding to recommend legal counsel to
13 12 represent the department. If the attorney general concurs with
13 13 the department that the person recommended is qualified and
13 14 suitable to represent the department, the person recommended
13 15 shall be employed. If the attorney general does not concur
13 16 in the recommendation, the department shall submit a new
13 17 recommendation. This section does not affect the general
13 18 counsel for the utilities board of the department of commerce,
13 19 the legal counsel of the department of workforce development,
13 20 or the general counsel for the property assessment appeal
13 21 board.
13 22 Sec. 23. Section 29A.27, unnumbered paragraph 8, Code 2011,
13 23 is amended to read as follows:
13 24 All payments herein provided for under this section shall
13 25 be paid on the approval of the adjutant general from the
13 26 contingent fund of the executive council created in section
13 27 29C.20.
13 28 Sec. 24. Section 29C.8, subsection 3, paragraph f,
13 29 subparagraph (3), Code 2011, is amended to read as follows:
13 30 (3) Upon notification of a compensable loss to a member of
13 31 a homeland security and emergency management response team, the
13 32 department of administrative services shall process the claim
13 33 and seek funding authorization from the executive council for
13 34 to pay as an expense paid from the appropriations addressed in
13 35 section 7D.29 those costs associated with covered benefits.
14 1 Sec. 25. Section 29C.20, subsection 1, paragraph a,
14 2 unnumbered paragraph 1, Code 2011, is amended to read as
14 3 follows:
14 4 A contingent fund is created in the state treasury for the
14 5 use of the executive council which. Funding for the contingent
14 6 fund, if authorized by the executive council, shall be paid
14 7 from the appropriations addressed in section 7D.29. Moneys in
14 8 the contingent fund may be expended for the following purposes:
14 9 Sec. 26. Section 96.13, subsection 3, paragraph c, Code
14 10 2011, is amended to read as follows:
14 11 c. The department may appear before the executive council
14 12 and request funds authorization of moneys to meet unanticipated
14 13 emergencies as an expense from the appropriations addressed in
14 14 section 7D.29.
14 15 Sec. 27. Section 135.143, subsection 5, Code 2011, is
14 16 amended to read as follows:
14 17 5. Upon notification of a compensable loss, the department
14 18 of administrative services shall seek funding authorization
14 19 from the executive council for to pay as an expense from
14 20 the appropriations addressed in section 7D.29 those costs
14 21 associated with covered workers' compensation benefits.
14 22 Sec. 28. Section 135.144, subsection 11, Code 2011, is
14 23 amended to read as follows:
14 24 11. If a public health disaster or other public health
14 25 emergency situation exists which poses an imminent threat
14 26 to the public health, safety, and welfare, the department,
14 27 in conjunction with the governor, may provide financial
14 28 assistance, from funds appropriated to the department that
14 29 are not otherwise encumbered, to political subdivisions as
14 30 needed to alleviate the disaster or the emergency. If the
14 31 department does not have sufficient unencumbered funds, the
14 32 governor may request that the executive council, pursuant to
14 33 the authority of section 7D.29, commit sufficient funds, to
14 34 authorize the payment of up to one million dollars, that are
14 35 not otherwise encumbered from the general fund, as needed and
15 1 available, for as an expense from the appropriations addressed
15 2 in section 7D.29 to alleviate the disaster or the emergency.
15 3 If additional financial assistance is required in excess of one
15 4 million dollars, approval by the legislative council is also
15 5 required.
15 6 Sec. 29. Section 163.3A, subsection 4, paragraph b, Code
15 7 2011, is amended to read as follows:
15 8 b. The department shall provide and update a list of
15 9 the registered members of each emergency response team,
15 10 including the members' names and identifying information, to
15 11 the department of administrative services. Upon notification
15 12 of a compensable loss suffered by a registered member, the
15 13 department of administrative services shall seek funding
15 14 authorization from the executive council for to pay as an
15 15 expense from the appropriations addressed in section 7D.29
15 16 those costs associated with covered benefits.
15 17 Sec. 30. Section 163.10, Code 2011, is amended to read as
15 18 follows:
15 19 163.10 Quarantining or destroying animals.
15 20 The department may quarantine or destroy any animal exposed
15 21 to or afflicted with an infectious or contagious disease.
15 22 However, cattle exposed to or infected with tuberculosis shall
15 23 not be destroyed without the owner's consent, unless there are
15 24 sufficient moneys to reimburse the owner for the cattle, which
15 25 may be paid from the appropriation as an expense authorized as
15 26 provided in section 163.15, from moneys in the brucellosis and
15 27 tuberculosis eradication fund created in section 165.18, or
15 28 from moneys made available by the United States department of
15 29 agriculture.
15 30 Sec. 31. Section 163.15, subsection 2, paragraph a,
15 31 subparagraph (3), Code 2011, is amended to read as follows:
15 32 (3) A claim for an indemnity by the owner and a claim for
15 33 compensation and expenses by the appraisers shall be filed with
15 34 the department and submitted by the secretary of agriculture
15 35 to the executive council for its approval or disapproval
16 1 authorization of payment of the claim as an expense from the
16 2 appropriations addressed in section 7D.29.
16 3 Sec. 32. Section 163.15, subsection 2, paragraph a,
16 4 subparagraph (4), Code 2011, is amended by striking the
16 5 subparagraph.
16 6 Sec. 33. Section 163.15, subsection 2, paragraph b,
16 7 unnumbered paragraph 1, Code 2011, is amended to read as
16 8 follows:
16 9 A formula established by rule adopted by the department that
16 10 is effective as determined by the department in accordance
16 11 with chapter 17A and applicable upon approval of the plan
16 12 program of eradication approved by the executive council.
16 13 The formula shall be applicable to indemnify owners if the
16 14 executive council, upon recommendation by the secretary of
16 15 agriculture, determines that an animal population in this state
16 16 is threatened with infection from an exceptionally contagious
16 17 disease.
16 18 Sec. 34. Section 163.15, subsection 2, paragraph b,
16 19 subparagraph (4), Code 2011, is amended to read as follows:
16 20 (4) Upon approval by the The executive council, there is
16 21 appropriated to the department from any moneys in the general
16 22 fund of the state not otherwise appropriated moneys sufficient
16 23 to carry out the may authorize payment under the provisions
16 24 of this paragraph "b" as an expense from the appropriations
16 25 addressed in section 7D.29.
16 26 Sec. 35. Section 307.45, subsection 3, Code 2011, is amended
16 27 to read as follows:
16 28 3. Assessments against property owned by the state and
16 29 not under the jurisdiction and control of the department's
16 30 administrator of highways shall be made in the same manner
16 31 as those made against private property and payment shall be
16 32 made subject to authorization by the executive council from
16 33 any funds of the state not otherwise appropriated. There is
16 34 appropriated from moneys in the general fund not otherwise
16 35 appropriated an amount necessary to pay the expense authorized
17 1 by the executive council.
17 2 Sec. 36. Section 384.56, subsection 1, Code 2011, is amended
17 3 to read as follows:
17 4 1. Cities may assess the cost of a public improvement which
17 5 extends through, abuts upon, or is adjacent to lands owned
17 6 by the state, and the executive council shall pay payment
17 7 for the assessable portion of the cost of the improvement
17 8 through or along the lands as provided shall be subject to
17 9 authorization by the executive council. The executive council
17 10 shall pay assessments as and payable in the manner provided
17 11 in section 307.45 for property owned by the state and not
17 12 under the jurisdiction and control of the state department of
17 13 transportation.
17 14 Sec. 37. Section 459.501, subsection 5, as amended by 2011
17 15 Iowa Acts, Senate File 478, section 1, as enacted, is amended
17 16 to read as follows:
17 17 5. The following shall apply to moneys in the fund:
17 18 a. (1) The executive council may allocate moneys from the
17 19 general fund of the state as authorize payment of moneys as
17 20 an expense paid from the appropriations addressed in section
17 21 7D.29 and in the manner provided in section 7D.10A in an amount
17 22 necessary to support the fund, including the following:
17 23 (a) The payment of claims as provided in section 459.505.
17 24 (b) The allocation of moneys to the department of
17 25 agriculture and land stewardship for the payment of expenses
17 26 incurred by the department of agriculture and land stewardship
17 27 associated with providing for the sustenance and disposition of
17 28 livestock pursuant to chapter 717.
17 29 (2) Notwithstanding subparagraph (1), the allocation of
17 30 moneys from the general fund of the state executive council's
17 31 authorization for payment shall be made provided only if the
17 32 amount of moneys in the fund, which are not obligated or
17 33 encumbered, and not counting the department's estimate of the
17 34 cost to the fund for pending or unsettled claims, the amount
17 35 to be allocated to the department of agriculture and land
18 1 stewardship, and any amount required to be credited to the
18 2 general fund of the state under this subsection, is less than
18 3 one million dollars.
18 4 b. The department of natural resources shall credit an
18 5 amount to the general fund of the state from which the expense
18 6 authorized by the executive council as provided in paragraph
18 7 "a" was appropriated which is equal to an amount allocated to
18 8 support the livestock remediation fund by the executive council
18 9 under paragraph "a". The However, the department shall only be
18 10 required to credit the moneys to the general such fund of the
18 11 state if the moneys in the livestock remediation fund which are
18 12 not obligated or encumbered, and not counting the department's
18 13 estimate of the cost to the livestock remediation fund for
18 14 pending or unsettled claims, the amount to be allocated to the
18 15 department of agriculture and land stewardship, and any amount
18 16 required to be transferred to the general fund under from which
18 17 appropriated as described in this paragraph, are in excess of
18 18 two million five hundred thousand dollars. The department is
18 19 not required to credit the total amount to the general fund
18 20 of the state from which appropriated as described in this
18 21 paragraph during any one fiscal year.
18 22 Sec. 38. Section 468.43, unnumbered paragraph 4, Code 2011,
18 23 is amended to read as follows:
18 24 The assessments against lands under the jurisdiction
18 25 of the department of natural resources shall be paid as an
18 26 expense from the appropriations addressed in section 7D.29,
18 27 if authorized by the executive council upon certification of
18 28 the amount by the county treasurer. There is appropriated
18 29 from any funds in the general fund of the state not otherwise
18 30 appropriated amounts sufficient to pay the certified
18 31 assessments.
18 32 Sec. 39. Section 568.16, Code 2011, is amended to read as
18 33 follows:
18 34 568.16 Purchase money refunded.
18 35 If the grantee of the state, or the grantee's successors,
19 1 administrators, or assigns, shall be deprived of the land
19 2 conveyed by the state under this chapter by the final decree
19 3 of a court of record for the reason that the conveyance by the
19 4 state passed no title whatever to the land therein did not pass
19 5 title to the land described, because title thereto to the land
19 6 had previously for any reason been vested in others, then the
19 7 money so paid by the state for the said land shall be refunded
19 8 by the state to the person or persons entitled thereto to the
19 9 refund, provided the said grantee, or the grantee's successors,
19 10 administrators, or assigns, shall file a certified copy of
19 11 the transcript of the said final decree with the executive
19 12 council within one year from the date of the issuance of
19 13 such decree, and shall also file satisfactory proof with the
19 14 executive council that the action over the title to the land
19 15 was commenced within ten years from the date of the issuance of
19 16 patent or deed by the state. The amount of money to be refunded
19 17 under the provisions of this section shall be certified
19 18 authorized and paid by the executive council to the director
19 19 of the department of administrative services, who shall draw a
19 20 warrant therefor, and the same shall be paid out of the general
19 21 fund as an expense from the appropriations addressed in section
19 22 7D.29.
19 23 Sec. 40. Section 602.10133, Code 2011, is amended to read
19 24 as follows:
19 25 602.10133 Costs and expenses.
19 26 The court costs incident to such proceedings, and the
19 27 reasonable expense of said the judges in attending said the
19 28 hearing after being approved by the supreme court shall be paid
19 29 as court costs an expense authorized by the executive council
19 30 from the appropriations addressed in section 7D.29.
19 31 Sec. 41. Section 663.44, Code 2011, is amended to read as
19 32 follows:
19 33 663.44 Costs.
19 34 1. If the plaintiff is discharged, the costs shall be
19 35 assessed to the defendant, unless the defendant is an officer
20 1 holding the plaintiff in custody under a commitment, or under
20 2 other legal process, in which case the costs shall be assessed
20 3 to the county. If the plaintiff's application is refused,
20 4 the costs shall be assessed against the plaintiff, and, in
20 5 the discretion of the court, against the person who filed the
20 6 petition in the plaintiff's behalf.
20 7 2. However, where Notwithstanding subsection 1, if
20 8 the plaintiff is confined in any state institution, and is
20 9 discharged in habeas corpus proceedings, or where if the habeas
20 10 corpus proceedings fail, and costs and fees cannot be collected
20 11 from the person liable to pay the same costs and fees, such
20 12 the costs and fees shall be paid by the county in which such
20 13 state institution is located. The facts of such payment and
20 14 the proceedings on which it is based, with a statement of the
20 15 amount of fees or costs incurred, with approval in writing by
20 16 the presiding judge appended to such the statement or endorsed
20 17 thereon on the statement, shall then be certified by the clerk
20 18 of the district court under the seal of office to the state
20 19 executive council. The executive council shall then review
20 20 the proceedings and authorize reimbursement for all such fees
20 21 and costs or such part thereof of the fees and costs as the
20 22 executive council shall find finds justified, and shall notify
20 23 the director of the department of administrative services to
20 24 draw a warrant to such county treasurer on the state general
20 25 fund for the amount authorized. There is appropriated from
20 26 moneys in the general fund not otherwise appropriated an
20 27 amount necessary to pay the reimbursement authorized by the
20 28 executive council. The costs and fees referred to above shall
20 29 include any award of fees made to a court appointed attorney
20 30 representing an indigent party bringing the habeas corpus
20 31 action.
20 32 DIVISION IV
20 33 STANDING APPROPRIATIONS AND RELATED MATTERS ==== FY 2012=2013
20 34 Sec. 42. BUDGET PROCESS FOR FISCAL YEAR 2013=2014.
20 35 1. For the budget process applicable to the fiscal year
21 1 beginning July 1, 2013, on or before October 1, 2012, in lieu
21 2 of the information specified in section 8.23, subsection 1,
21 3 unnumbered paragraph 1, and paragraph "a", all departments and
21 4 establishments of the government shall transmit to the director
21 5 of the department of management, on blanks to be furnished by
21 6 the director, estimates of their expenditure requirements,
21 7 including every proposed expenditure, for the ensuing fiscal
21 8 year, together with supporting data and explanations as called
21 9 for by the director of the department of management after
21 10 consultation with the legislative services agency.
21 11 2. The estimates of expenditure requirements shall be
21 12 in a form specified by the director of the department of
21 13 management, and the expenditure requirements shall include all
21 14 proposed expenditures and shall be prioritized by program or
21 15 the results to be achieved. The estimates shall be accompanied
21 16 by performance measures for evaluating the effectiveness of the
21 17 programs or results.
21 18 Sec. 43. LIMITATION OF STANDING APPROPRIATIONS.
21 19 Notwithstanding the standing appropriations in the following
21 20 designated sections for the fiscal year beginning July 1, 2012,
21 21 and ending June 30, 2013, the amounts appropriated from the
21 22 general fund of the state pursuant to these sections for the
21 23 following designated purposes shall not exceed the following
21 24 amounts:
21 25 1. For operational support grants and community cultural
21 26 grants under section 99F.11, subsection 3, paragraph "d",
21 27 subparagraph (1):
21 28 .................................................. $ 208,351
21 29 2. For regional tourism marketing under section 99F.11,
21 30 subsection 3, paragraph "d", subparagraph (2):
21 31 .................................................. $ 405,153
21 32 3. For the center for congenital and inherited disorders
21 33 central registry under section 144.13A, subsection 4, paragraph
21 34 "a":
21 35 .................................................. $ 85,560
22 1 4. For primary and secondary child abuse prevention
22 2 programs under section 144.13A, subsection 4, paragraph "a":
22 3 .................................................. $ 108,886
22 4 5. For programs for at=risk children under section 279.51:
22 5 .................................................. $ 10,728,891
22 6 The amount of any reduction in this subsection shall be
22 7 prorated among the programs specified in section 279.51,
22 8 subsection 1, paragraphs "a", "b", and "c".
22 9 6. For payment for nonpublic school transportation under
22 10 section 285.2:
22 11 .................................................. $ 3,530,465
22 12 If total approved claims for reimbursement for nonpublic
22 13 school pupil transportation exceed the amount appropriated in
22 14 accordance with this subsection, the department of education
22 15 shall prorate the amount of each approved claim.
22 16 7. For reimbursement for the homestead property tax credit
22 17 under section 425.1:
22 18 .................................................. $ 86,188,387
22 19 8. For reimbursement for the family farm and agricultural
22 20 land tax credits under sections 425A.1 and 426.1:
22 21 .................................................. $ 32,395,131
22 22 9. For the enforcement of chapter 453D relating to tobacco
22 23 product manufacturers under section 453D.8:
22 24 .................................................. $ 9,208
22 25 Sec. 44. INSTRUCTIONAL SUPPORT STATE AID ==== FY
22 26 2012=2013. In lieu of the appropriation provided in section
22 27 257.20, subsection 2, the appropriation for the fiscal year
22 28 beginning July 1, 2012, and ending June 30, 2013, for paying
22 29 instructional support state aid under section 257.20 for fiscal
22 30 year 2012=2013 is zero.
22 31 DIVISION V
22 32 SALARIES, COMPENSATION, AND RELATED MATTERS ==== FY 2012=2013
22 33 Sec. 45. COLLECTIVE BARGAINING AGREEMENTS FUNDED. The
22 34 various state departments, boards, commissions, councils,
22 35 and agencies, including the state board of regents, for
23 1 the fiscal year beginning July 1, 2012, and ending June 30,
23 2 2013, shall provide from available sources pay adjustments,
23 3 expense reimbursements, and related benefits to fully fund the
23 4 following:
23 5 1. The collective bargaining agreement negotiated pursuant
23 6 to chapter 20 for employees in the blue collar bargaining unit.
23 7 2. The collective bargaining agreement negotiated pursuant
23 8 to chapter 20 for employees in the public safety bargaining
23 9 unit.
23 10 3. The collective bargaining agreement negotiated pursuant
23 11 to chapter 20 for employees in the security bargaining unit.
23 12 4. The collective bargaining agreement negotiated pursuant
23 13 to chapter 20 for employees in the technical bargaining unit.
23 14 5. The collective bargaining agreement negotiated pursuant
23 15 to chapter 20 for employees in the professional fiscal and
23 16 staff bargaining unit.
23 17 6. The collective bargaining agreement negotiated pursuant
23 18 to chapter 20 for employees in the clerical bargaining unit.
23 19 7. The collective bargaining agreement negotiated pursuant
23 20 to chapter 20 for employees in the professional social services
23 21 bargaining unit.
23 22 8. The collective bargaining agreement negotiated pursuant
23 23 to chapter 20 for employees in the community=based corrections
23 24 bargaining unit.
23 25 9. The collective bargaining agreements negotiated
23 26 pursuant to chapter 20 for employees in the judicial branch of
23 27 government bargaining units.
23 28 10. The collective bargaining agreement negotiated pursuant
23 29 to chapter 20 for employees in the patient care bargaining
23 30 unit.
23 31 11. The collective bargaining agreement negotiated pursuant
23 32 to chapter 20 for employees in the science bargaining unit.
23 33 12. The collective bargaining agreement negotiated pursuant
23 34 to chapter 20 for employees in the university of northern Iowa
23 35 faculty bargaining unit.
24 1 13. The collective bargaining agreement negotiated pursuant
24 2 to chapter 20 for employees in the state university of Iowa
24 3 graduate student bargaining unit.
24 4 14. The collective bargaining agreement negotiated pursuant
24 5 to chapter 20 for employees in the state university of Iowa
24 6 hospital and clinics tertiary health care bargaining unit.
24 7 15. The annual pay adjustments, related benefits, and
24 8 expense reimbursements referred to in the sections of this
24 9 division of this Act addressing state board of regents
24 10 employees who are not covered by a collective bargaining
24 11 agreement.
24 12 Sec. 46. STATE EMPLOYEES ==== STATE BOARD OF REGENTS. For
24 13 the fiscal year beginning July 1, 2012, and ending June 30,
24 14 2013, funds shall be provided from available sources of the
24 15 state board of regents for funding of collective bargaining
24 16 agreements for state board of regents employees covered by
24 17 such agreements and for the following state board of regents
24 18 employees not covered by a collective bargaining agreement:
24 19 1. Regents merit system employees and merit supervisory
24 20 employees.
24 21 2. Faculty members and professional and scientific
24 22 employees.
24 23 Sec. 47. BONUS PAY. For the fiscal year beginning July
24 24 1, 2012, and ending June 30, 2013, employees of the executive
24 25 branch, judicial branch, and legislative branch shall not
24 26 receive bonus pay unless otherwise authorized by law, required
24 27 pursuant to a contract of employment entered into before July
24 28 1, 2012, or required pursuant to a collective bargaining
24 29 agreement. This section does not apply to employees of the
24 30 state board of regents. For purposes of this section, "bonus
24 31 pay" means any additional remuneration provided an employee in
24 32 the form of a bonus, including but not limited to a retention
24 33 bonus, recruitment bonus, exceptional job performance pay,
24 34 extraordinary job performance pay, exceptional performance pay,
24 35 extraordinary duty pay, or extraordinary or special duty pay,
25 1 and any extra benefit not otherwise provided to other similarly
25 2 situated employees.
25 3 Sec. 48. STATE TROOPER MEAL ALLOWANCE. For the fiscal
25 4 year beginning July 1, 2012, the sworn peace officers in the
25 5 department of public safety who are not covered by a collective
25 6 bargaining agreement negotiated pursuant to chapter 20 shall
25 7 receive the same per diem meal allowance as the sworn peace
25 8 officers in the department of public safety who are covered
25 9 by a collective bargaining agreement negotiated pursuant to
25 10 chapter 20.
25 11 Sec. 49. SALARY MODEL ADMINISTRATOR. The salary model
25 12 administrator shall work in conjunction with the legislative
25 13 services agency to maintain the state's salary model used for
25 14 analyzing, comparing, and projecting state employee salary
25 15 and benefit information, including information relating to
25 16 employees of the state board of regents. The department of
25 17 revenue, the department of administrative services, the five
25 18 institutions under the jurisdiction of the state board of
25 19 regents, the judicial district departments of correctional
25 20 services, and the state department of transportation shall
25 21 provide salary data to the department of management and the
25 22 legislative services agency to operate the state's salary
25 23 model. The format and frequency of provision of the salary
25 24 data shall be determined by the department of management and
25 25 the legislative services agency. The information shall be
25 26 used in collective bargaining processes under chapter 20 and
25 27 in calculating the funding needs contained within the annual
25 28 salary adjustment legislation. A state employee organization
25 29 as defined in section 20.3, subsection 4, may request
25 30 information produced by the model, but the information provided
25 31 shall not contain information attributable to individual
25 32 employees.
25 33 DIVISION VI
25 34 CORRECTIVE PROVISIONS
25 35 Sec. 50. Section 8.6, subsection 9A, as enacted by 2011 Iowa
26 1 Acts, House File 45, section 39, is amended to read as follows:
26 2 9A. Budget and tax rate databases. To develop and make
26 3 available to the public a searchable budget database and
26 4 internet site as required under chapter 8G, division subchapter
26 5 I, and to develop and make available to the public a searchable
26 6 tax rate database and internet site as required under chapter
26 7 8G, division subchapter II.
26 8 Sec. 51. Section 8.57E, subsection 3, paragraph a, as
26 9 enacted by 2011 Iowa Acts, Senate File 209, section 30, is
26 10 amended to read as follows:
26 11 a. Moneys in the taxpayer's taxpayers trust fund may be
26 12 used for cash flow purposes during a fiscal year provided that
26 13 any moneys so allocated are returned to the fund by the end of
26 14 that fiscal year.
26 15 Sec. 52. Section 8G.13, as enacted by 2011 Iowa Acts, House
26 16 File 45, section 50, is amended to read as follows:
26 17 8G.13 Updating database.
26 18 To facilitate the department of management's efforts in
26 19 creating and maintaining a searchable database of the taxes
26 20 identified in section 8G.12, subsection 3 1, for all taxing
26 21 jurisdictions in the state, each taxing jurisdiction may
26 22 annually be required to report its tax rates to the department
26 23 of management or the department of revenue and shall report any
26 24 changes to its tax rates within thirty days of the change.
26 25 Sec. 53. Section 16.193, subsection 3, paragraph a, Code
26 26 2011, as amended by 2011 Iowa Acts, Senate File 475, section
26 27 11, is amended to read as follows:
26 28 a. During the term of the Iowa jobs program and Iowa jobs
26 29 II program, the Iowa finance authority shall collect data on
26 30 all of the projects approved for the program programs. The
26 31 department of management and the state agencies associated
26 32 with the projects shall assist the authority with the data
26 33 collection and in developing the report required by this
26 34 subsection. The authority shall report quarterly to the
26 35 governor and the general assembly concerning the data.
27 1 Sec. 54. Section 68A.401, subsection 4, Code 2011, as
27 2 amended by 2011 Iowa Acts, Senate File 475, section 17, is
27 3 amended to read as follows:
27 4 4. Political committees expressly advocating the
27 5 nomination, election, or defeat of candidates for both
27 6 federal office and any elected office created by law or the
27 7 Constitution of the State of Iowa shall file statements and
27 8 reports with the board in addition to any federal reports
27 9 required to be filed with the board. However, a political
27 10 committee that is registered and filing full disclosure
27 11 reports of all financial activities with the federal election
27 12 commission may file verified statements as provided in section
27 13 68B.201A 68A.201A.
27 14 Sec. 55. Section 139A.19, subsection 3, as enacted by 2011
27 15 Iowa Acts, House File 467, section 20, is amended to read as
27 16 follows:
27 17 3. This section does not preclude a hospital, clinic, other
27 18 health facility, or a health care provider from providing
27 19 notification to a care provider under circumstances in
27 20 which the hospital's, clinic's, other health facility's, or
27 21 health care provider's policy provides for notification of
27 22 the hospital's, clinics clinic's, other health facility's,
27 23 or health care provider's own employees of exposure to a
27 24 contagious or infectious disease that is not life=threatening
27 25 if the notice does not reveal a patient's name, unless the
27 26 patient consents.
27 27 Sec. 56. Section 175.3, subsection 1, paragraph a, Code
27 28 2011, as amended by 2011 Iowa Acts, Senate File 429, section 1,
27 29 is amended to read as follows:
27 30 a. The agricultural development authority is established
27 31 within the department of agriculture and land stewardship. The
27 32 agency authority is constituted as a public instrumentality
27 33 and agency of the state exercising public and essential
27 34 governmental functions.
27 35 Sec. 57. Section 207.22, subsection 3, paragraph b, Code
28 1 2011, as amended by 2011 Iowa Acts, Senate File 475, section
28 2 47, is amended to read as follows:
28 3 b. Acquisition of coal refuse disposal sites and all
28 4 coal refuse thereon will serve the purposes of Tit. IV of
28 5 Pub. L. No. 95=87, Tit. IV, codified at 30 U.S.C. ch. 25,
28 6 subch. IV, or that public ownership is desirable to meet
28 7 emergency situations and prevent recurrences of the adverse
28 8 effect of past coal mining practices.
28 9 Sec. 58. Section 232.71D, subsection 3, paragraph a,
28 10 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, House
28 11 File 562, section 3, is amended to read as follows:
28 12 Unless any of the circumstances listed in paragraph "b" are
28 13 applicable, cases to which any of the following circumstances
28 14 apply shall not be placed on in the central registry:
28 15 Sec. 59. Section 256.7, subsection 26, paragraph a,
28 16 subparagraph (1), as enacted by 2011 Iowa Acts, Senate File
28 17 453, section 1, is amended to read as follows:
28 18 (1) The rules establishing high school graduation
28 19 requirements shall authorize a school district or
28 20 accredited nonpublic school to consider that any student who
28 21 satisfactorily completes a high school=level unit of English
28 22 or language arts, mathematics, science, or social studies has
28 23 satisfactorily completed a unit of the high school graduation
28 24 requirements for that area as specified in this lettered
28 25 paragraph, and to shall authorize the school district or
28 26 accredited nonpublic school to issue high school credit for the
28 27 unit to the student.
28 28 Sec. 60. Section 321.34, subsection 20C, paragraph a,
28 29 if enacted by 2011 Iowa Acts, House File 651, section 2, is
28 30 amended to read as follows:
28 31 a. The department, in consultation with the adjutant
28 32 general, shall design combat infantryman badge, combat action
28 33 badge, combat action ribbon, air force combat action medal,
28 34 and combat medical badge distinguishing processed emblems.
28 35 Upon receipt of two hundred fifty orders for special combat
29 1 infantryman badge, combat action badge, combat action ribbon,
29 2 air force combat action medal, or combat medical badge special
29 3 registration plates, accompanied by a start=up fee of twenty
29 4 dollars per order, the department shall begin issuing special
29 5 registration plates with the applicable distinguishing
29 6 processed emblem as provided in paragraphs "b" and "c". The
29 7 minimum order requirement shall apply separately to each of the
29 8 special registration plates created under this subsection.
29 9 Sec. 61. Section 321.34, subsection 25, paragraph a, if
29 10 enacted by 2011 Iowa Acts, House File 651, section 2, is
29 11 amended to read as follows:
29 12 a. The department, in consultation with the adjutant
29 13 general, shall design a civil war sesquicentennial
29 14 distinguishing processed emblem. Upon receipt of two hundred
29 15 fifty orders for special civil war sesquicentennial special
29 16 registration plates, accompanied by a start=up fee of twenty
29 17 dollars per order, the department shall begin issuing special
29 18 registration plates with a civil war sesquicentennial processed
29 19 emblem as provided in paragraph "b".
29 20 Sec. 62. Section 327B.5, Code 2011, is amended to read as
29 21 follows:
29 22 327B.5 Penalty.
29 23 Any person violating the provisions of this chapter shall,
29 24 upon conviction, be subject to a scheduled fine as provided in
29 25 section 805.8A, subsection 13, paragraphs paragraph "f" and "g".
29 26 Sec. 63. Section 422.11O, subsection 5, paragraph a,
29 27 subparagraph (2), if enacted by 2011 Iowa Acts, Senate File
29 28 531, section 17, is amended to read as follows:
29 29 (2) The E=15 plus gasoline promotion tax credit pursuant to
29 30 section 422.11Y.
29 31 Sec. 64. Section 422.11Y, subsection 1, paragraph d, if
29 32 enacted by 2011 Iowa Acts, Senate File 531, section 35, is
29 33 amended to read as follows:
29 34 d. "Tax credit" means the E=15 plus gasoline promotion tax
29 35 credit as provided in this section.
30 1 Sec. 65. Section 422.11Y, subsection 3, unnumbered
30 2 paragraph 1, if enacted by 2011 Iowa Acts, Senate File 531,
30 3 section 35, is amended to read as follows:
30 4 The taxes imposed under this division, less the credits
30 5 allowed under section 422.12, shall be reduced by the amount of
30 6 the E=15 plus gasoline promotion tax credit for each tax year
30 7 that the taxpayer is eligible to claim a tax credit under this
30 8 subsection.
30 9 Sec. 66. Section 422.11Y, subsection 6, paragraph b,
30 10 subparagraph (2), if enacted by 2011 Iowa Acts, Senate File
30 11 531, section 35, is amended to read as follows:
30 12 (2) The retail dealer may claim the ethanol promotion
30 13 tax credit as provided in paragraph "a" for the same ethanol
30 14 gallonage used to calculate and claim the E=15 plus gasoline
30 15 promotion tax credit.
30 16 Sec. 67. Section 423.4, subsection 9, unnumbered paragraph
30 17 1, if enacted by 2011 Iowa Acts, Senate File 531, section 59,
30 18 is amended to read as follows:
30 19 A person who qualifies as a biodiesel producer as provided in
30 20 this subsection may apply to the director for a refund of the
30 21 amount of the sales or use tax imposed and paid upon purchases
30 22 made by the person.
30 23 Sec. 68. Section 483A.24A, Code 2011, as amended by 2011
30 24 Iowa Acts, Senate File 194, section 10, is amended to read as
30 25 follows:
30 26 483A.24A License refunds ==== military service.
30 27 Notwithstanding any provision of this chapter to the
30 28 contrary, a service member deployed for military service, both
30 29 as defined in section 29A.1, subsection 3, shall receive a
30 30 refund of that portion of any license fee paid by the service
30 31 member representing the service member's period of military
30 32 service.
30 33 Sec. 69. Section 501.101, subsection 01, as enacted by 2011
30 34 Iowa Acts, House File 348, section 7, is amended to read as
30 35 follows:
31 1 01. "Alternative voting method" means a method of voting
31 2 other than a written ballot, including voting by electronic,
31 3 telephonic, internet, or other means that reasonably allow
31 4 allows members the opportunity to vote.
31 5 Sec. 70. Section 501A.703, subsection 5, paragraph d, Code
31 6 2011, as amended by 2011 Iowa Acts, House File 348, section 19,
31 7 is amended to read as follows:
31 8 d. If the ballot of the member is received by the
31 9 cooperative on or before the date of the regular members'
31 10 meeting or as otherwise prescribed for an alternative, voting
31 11 method, the ballot or alternative voting method shall be
31 12 accepted and counted as the vote of the absent member.
31 13 Sec. 71. Section 511.8, subsection 22, paragraph i,
31 14 unnumbered paragraph 1, as enacted by 2011 Iowa Acts, Senate
31 15 File 406, section 25, is amended to read as follows:
31 16 Securities held in the legal reserve of a life insurance
31 17 company or association pledged as collateral for financial
31 18 instruments used in highly effective hedging transactions as
31 19 defined in the national association of insurance commissioners'
31 20 Statement statement of Statutory Accounting Principles No.
31 21 statutory accounting principles no. 86 shall continue to
31 22 be eligible for inclusion on in the legal reserve of the
31 23 life insurance company or association subject to all of the
31 24 following:
31 25 Sec. 72. Section 514J.109, subsection 3, paragraph f,
31 26 if enacted by 2011 Iowa Acts, House File 597, section 9, is
31 27 amended to read as follows:
31 28 f. The covered person or the covered person's authorized
31 29 representative has provided all the information and forms
31 30 required by the commissioner that are necessary to process an
31 31 external review request pursuant to this section.
31 32 Sec. 73. Section 521F.4, subsection 1, paragraph b, as
31 33 enacted by 2011 Iowa Acts, Senate File 406, section 44, is
31 34 amended to read as follows:
31 35 b. The filing of a risk=based capital report by a health
32 1 organization which indicates that the health organization has
32 2 total adjusted capital which is greater than or equal to its
32 3 company=action=level risk=based capital but less than the
32 4 product of its authorized=control=level risk=based capital and
32 5 three and triggers the trend test determined in accordance with
32 6 the trend test calculations calculation included in the health
32 7 risk=based capital instructions.
32 8 Sec. 74. Section 524.310, subsection 5, paragraph b, Code
32 9 2011, as amended by 2011 Iowa Acts, Senate File 475, section
32 10 120, is amended to read as follows:
32 11 b. A corporate or company name reserved, registered, or
32 12 protected as provided in section 489.109, 490.402, 490.403,
32 13 490A.402, 504.402, or 504.403.
32 14 Sec. 75. Section 717.3, subsection 5, paragraph b, Code
32 15 2011, as enacted by 2011 Iowa Acts, Senate File 478, section 6,
32 16 is amended to read as follows:
32 17 b. That the department shall assume supervision of and
32 18 provide for the sustenance of the livestock and as provided in
32 19 section 717.4.
32 20 Sec. 76. Section 717.4, subsection 2, as enacted by 2011
32 21 Iowa Acts, Senate File 478, section 7, is amended to read as
32 22 follows:
32 23 2. The court ordered lien shall be for the benefit of the
32 24 department. The amount of the lien shall not be not more than
32 25 for expenses incurred in providing sustenance to the livestock
32 26 pursuant to section 717.3 and providing for the disposition of
32 27 the livestock pursuant to section 717.5.
32 28 Sec. 77. Section 717.4A, as enacted by 2011 Iowa Acts,
32 29 Senate File 478, section 8, is amended to read as follows:
32 30 717.4A Livestock in immediate need of sustenance ==== livestock
32 31 remediation fund.
32 32 The department may utilize the moneys deposited into the
32 33 livestock remediation fund pursuant to section 459.501 to pay
32 34 for any expenses associated with providing sustenance to or
32 35 the disposition of the livestock pursuant to a court order
33 1 entered pursuant to section 717.3 or 717.5. The department
33 2 shall utilize moneys from the fund only to the extent that
33 3 the department determines that expenses cannot be timely
33 4 paid by utilizing the available provisions of sections 717.4
33 5 and 717.5. The department shall deposit any unexpended and
33 6 unobligated moneys in the fund. The department shall pay to
33 7 the fund the proceeds from the disposition of the livestock and
33 8 associated products less expenses incurred by the department in
33 9 providing for the sustenance and disposition of the livestock,
33 10 as provided in section 717.5.
33 11 Sec. 78. Section 903A.5, subsection 1, as enacted by 2011
33 12 Iowa Acts, House File 271, section 3, is amended to read as
33 13 follows:
33 14 1. An inmate shall not be discharged from the custody
33 15 of the director of the Iowa department of corrections until
33 16 the inmate has served the full term for which the inmate was
33 17 sentenced, less earned time and other credits earned and not
33 18 forfeited, unless the inmate is pardoned or otherwise legally
33 19 released. Earned time accrued and not forfeited shall apply
33 20 to reduce a mandatory minimum sentence being served pursuant
33 21 to section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11.
33 22 An inmate shall be deemed to be serving the sentence from the
33 23 day on which the inmate is received into the institution. If
33 24 an inmate was confined to a county jail or other correctional
33 25 or mental facility at any time prior to sentencing, or after
33 26 sentencing but prior to the case having been decided on appeal,
33 27 because of failure to furnish bail or because of being charged
33 28 with a nonbailable offense, the inmate shall be given credit
33 29 for the days already served upon the term of the sentence.
33 30 However, if a person commits any offense while confined in a
33 31 county jail or other correctional or mental health facility,
33 32 the person shall not be granted jail credit for that offense.
33 33 Unless the inmate was confined in a correctional facility,
33 34 the sheriff of the county in which the inmate was confined
33 35 shall certify to the clerk of the district court from which
34 1 the inmate was sentenced and to the department of corrections'
34 2 records administrator at the Iowa medical and classification
34 3 center the number of days so served. The department of
34 4 corrections' records administrator, or the administrator's
34 5 designee, shall apply jail credit as ordered by the court
34 6 of proper jurisdiction or as authorized by this section and
34 7 section 907.3, subsection 3.
34 8 Sec. 79. EFFECTIVE DATES.
34 9 1. The section of this division of this Act amending section
34 10 422.11O, subsection 5, paragraph a, subparagraph (2), if
34 11 enacted by 2011 Iowa Acts, Senate File 531, section 17, takes
34 12 effect January 1, 2012.
34 13 2. Section 423.4, subsection 9, unnumbered paragraph 1, if
34 14 enacted by 2011 Iowa Acts, Senate File 531, section 59, takes
34 15 effect January 1, 2012.
34 16 Sec. 80. APPLICABILITY.
34 17 1. The section of this division of this Act amending section
34 18 422.11O, subsection 5, paragraph a, subparagraph (2), if
34 19 enacted by 2011 Iowa Acts, Senate File 531, section 17, applies
34 20 to tax years beginning on and after January 1, 2012.
34 21 2. The section of this division of this Act amending
34 22 section 422.11Y, subsection 1, paragraph d, if enacted by 2011
34 23 Iowa Acts, Senate File 531, section 35, applies to tax years
34 24 beginning on and after January 1, 2012, and to that part of a
34 25 retail dealer's tax year or tax years occurring during that
34 26 portion of the calendar year beginning on and after July 1,
34 27 2011, and ending on December 31, 2011.
34 28 3. The section of this division of this Act amending section
34 29 422.11Y, subsection 3, unnumbered paragraph 1, if enacted by
34 30 2011 Iowa Acts, Senate File 531, section 35, applies to tax
34 31 years beginning on and after January 1, 2012, and to that part
34 32 of a retail dealer's tax year or tax years occurring during
34 33 that portion of the calendar year beginning on and after July
34 34 1, 2011, and ending on December 31, 2011.
34 35 4. The section of this division of this Act amending section
35 1 422.11Y, subsection 6, paragraph b, subparagraph (2), if
35 2 enacted by 2011 Iowa Acts, Senate File 531, section 35, applies
35 3 to tax years beginning on and after January 1, 2012, and to
35 4 that part of a retail dealer's tax year or tax years occurring
35 5 during that portion of the calendar year beginning on and after
35 6 July 1, 2011, and ending on December 31, 2011.
35 7 DIVISION VII
35 8 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
35 9 Sec. 81. VISION SCREENING PROGRAM ==== DEPARTMENT OF PUBLIC
35 10 HEALTH. There is appropriated from the general fund of the
35 11 state to the department of public health for the fiscal year
35 12 beginning July 1, 2011, and ending June 30, 2012, the following
35 13 amount, or so much thereof as is necessary, to be used for the
35 14 purposes designated:
35 15 For a grant to a national affiliated volunteer eye
35 16 organization that has an established program for children and
35 17 adults and that is solely dedicated to preserving sight and
35 18 preventing blindness through education, nationally certified
35 19 vision screening and training, and community and patient
35 20 service programs:
35 21 .................................................. $ 100,000
35 22 Sec. 82. APPROPRIATION ==== FARMERS WITH DISABILITIES. There
35 23 is appropriated from the general fund of the state to the
35 24 department of agriculture and land stewardship for the fiscal
35 25 year beginning July 1, 2011, and ending June 30, 2012, the
35 26 following amount, or so much thereof as is necessary, for a
35 27 program for farmers with disabilities:
35 28 .................................................. $ 97,000
35 29 The moneys appropriated in this section shall be used
35 30 for the public purpose of providing a grant to a national
35 31 nonprofit organization with over 80 years of experience in
35 32 assisting children and adults with disabilities and special
35 33 needs. The moneys shall be used to support a nationally
35 34 recognized program that began in 1986 and has been replicated
35 35 in at least 30 other states, but which is not available through
36 1 any other entity in this state, and that provides assistance
36 2 to farmers with disabilities in all 99 counties to allow the
36 3 farmers to remain in their own homes and be gainfully engaged
36 4 in farming through provision of agricultural worksite and home
36 5 modification consultations, peer support services, services
36 6 to families, information and referral, and equipment loan
36 7 services. Notwithstanding section 8.33, moneys appropriated
36 8 in this section that remain unencumbered or unobligated at the
36 9 close of the fiscal year shall not revert but shall remain
36 10 available for expenditure for the purposes designated until the
36 11 close of the succeeding fiscal year.
36 12 Sec. 83. APPROPRIATION ==== BATTLESHIP IOWA, BB=61.
36 13 1. There is appropriated from the general fund of the state
36 14 to the department of cultural affairs for the fiscal year
36 15 beginning July 1, 2010, and ending June 30, 2011, the following
36 16 amount, or so much thereof as is necessary, to be credited to
36 17 the BB=61 fund created in 2010 Iowa Acts, chapter 1194:
36 18 .................................................. $ 3,000,000
36 19 2. If the department of the navy, pursuant to a process
36 20 outlined in a notice published in the federal register on
36 21 May 24, 2010, volume 75, number 99, awards possession or
36 22 conditionally awards possession of the battleship Iowa,
36 23 BB=61, to a nonprofit group that is eligible to receive the
36 24 battleship, the department of cultural affairs shall award a
36 25 grant to the nonprofit group in an amount equal to $3 million
36 26 in addition to any moneys awarded as a grant from the BB=61
36 27 fund.
36 28 3. Notwithstanding section 8.33, moneys appropriated in
36 29 this section that remain unencumbered or unobligated at the
36 30 close of the fiscal year shall not revert but shall remain
36 31 available for expenditure for the purposes designated for
36 32 succeeding fiscal years.
36 33 Sec. 84. GROUP HOME GRANT. There is appropriated from the
36 34 general fund of the state to the Iowa finance authority for the
36 35 fiscal year beginning July 1, 2010, and ending June 30, 2011,
37 1 the following amount, or so much thereof as is necessary, to be
37 2 used for the purposes designated:
37 3 For a grant to a nonprofit organization providing
37 4 residential services for persons with an intellectual
37 5 disability at the intermediate care facility level and services
37 6 under the medical assistance program habilitation and brain
37 7 injury home and community=based services waivers, that is
37 8 located in and providing such services in a county with a
37 9 population between 90,000 and 95,000, according to the latest
37 10 certified federal census:
37 11 .................................................. $ 100,000
37 12 The grant under this section shall be used for purchase or
37 13 remodeling costs to develop a group home for not more than four
37 14 individuals with intellectual disabilities or brain injury.
37 15 Notwithstanding section 8.33, moneys appropriated in this
37 16 section that remain unencumbered or unobligated at the close of
37 17 the fiscal year shall not revert but shall remain available for
37 18 expenditure for the purposes designated until the close of the
37 19 succeeding fiscal year.
37 20 Sec. 85. INVESTIGATIONS DIVISION OF DEPARTMENT OF
37 21 INSPECTIONS AND APPEALS ==== CONTINGENT FTE AUTHORIZATION. If
37 22 Senate File 313 or successor legislation providing for debt
37 23 setoff or other recovery activities for nonpayment of premiums
37 24 pursuant to section 249A.3, subsection 2, paragraph "a",
37 25 subparagraph (1), relating to a special income eligibility
37 26 group under the Medicaid program, or pursuant to section
37 27 249J.8, subsection 1, relating to the expansion population
37 28 eligibility group under the IowaCare program, is enacted by
37 29 the Eighty=fourth General Assembly, 2011 Session, in addition
37 30 to other full=time equivalent positions authorized for the
37 31 investigations division of the department of inspections and
37 32 appeals for the fiscal year beginning July 1, 2011, not more
37 33 than 2.00 FTEs are authorized, to the extent funded through
37 34 moneys available to the department of human services, to
37 35 be used to implement such provisions of Senate File 313 or
38 1 successor legislation.
38 2 Sec. 86. SPECIAL EDUCATION INSTRUCTIONAL PROGRAM. If a
38 3 school district that is participating on a contractual basis
38 4 in a special education instructional program operated by an
38 5 area education agency, in which the area education agency
38 6 employed teachers on behalf of the school district at the time
38 7 the department of management calculated the teacher salary
38 8 supplement cost per pupil under section 257.10, subsection
38 9 9, the professional development supplement cost per pupil
38 10 under section 257.10, subsection 10, the area education agency
38 11 teacher salary supplement cost per pupil under section 257.37A,
38 12 subsection 1, and the area education agency professional
38 13 development supplement cost per pupil under section 257.37A,
38 14 subsection 2, for the fiscal year beginning July 1, 2009,
38 15 terminates the contract for participation in the special
38 16 education instructional program, the area education agency
38 17 operating the program shall notify the department of management
38 18 of the contract termination by the following April 1. The
38 19 department of management shall recalculate the cost per
38 20 pupil amounts for the area education agency and the school
38 21 district for the fiscal year succeeding the notification
38 22 date for the teacher salary supplement cost per pupil under
38 23 section 257.10, subsection 9, the professional development
38 24 supplement cost per pupil under section 257.10, subsection
38 25 10, the area education agency teacher salary supplement cost
38 26 per pupil under section 257.37A, subsection 1, and the area
38 27 education agency professional development supplement cost
38 28 per pupil under section 257.37A, subsection 2, by estimating
38 29 the amount of the original allocations used in the cost per
38 30 pupil calculation that would have been allocated to the school
38 31 district rather than the area education agency had the special
38 32 education instructional program not existed, and the department
38 33 of management shall increase the annual supplement cost per
38 34 pupil for the school district and area education agency by the
38 35 appropriate allowable growth for the appropriate fiscal years.
39 1 Sec. 87. TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF
39 2 CHILDREN.
39 3 1. A task force on the prevention of sexual abuse of
39 4 children is established consisting of the following members:
39 5 a. Four members of the general assembly serving as ex
39 6 officio, nonvoting members, with not more than one member from
39 7 each chamber being from the same political party. The two
39 8 senators shall be appointed, one each, by the majority leader
39 9 of the senate and by the minority leader of the senate. The two
39 10 representatives shall be appointed, one each, by the speaker of
39 11 the house of representatives and by the minority leader of the
39 12 house of representatives.
39 13 b. The director of human services or the director's
39 14 designee.
39 15 c. The director of the department of education or the
39 16 director's designee.
39 17 d. The director of public health or the director's designee.
39 18 e. The state court administrator or the state court
39 19 administrator's designee.
39 20 f. A representative of the Iowa county attorneys
39 21 association, appointed by the president of that association.
39 22 g. A representative of the chief juvenile court officers,
39 23 appointed by the chief justice of the supreme court.
39 24 h. A representative of the Iowa state education
39 25 association, appointed by the president of that organization.
39 26 i. A representative of prevent child abuse Iowa, appointed
39 27 by the director of human services.
39 28 j. A representative of school administrators of Iowa,
39 29 appointed by the president of that organization.
39 30 k. A representative of the Iowa association of school
39 31 boards, appointed by the executive director of that
39 32 organization.
39 33 l. A representative of the Iowa psychological association,
39 34 appointed by the president of that association.
39 35 m. A representative of the Iowa coalition against sexual
40 1 assault, appointed by the executive director of that coalition.
40 2 n. A representative of prevent child abuse Iowa, appointed
40 3 by the executive director of that organization.
40 4 o. A child abuse expert employed by or under contract with
40 5 one of Iowa's nationally accredited child protection centers,
40 6 appointed by the director of the regional child protection
40 7 center located in Des Moines.
40 8 2. Members of the task force shall be individuals who are
40 9 actively involved in the fields of child abuse prevention. To
40 10 the extent possible, appointment of members shall reflect the
40 11 geographic diversity of the state. The voting members of the
40 12 task force shall serve without compensation and shall not be
40 13 reimbursed for their expenses.
40 14 3. The director of prevent child abuse Iowa, or the
40 15 director's designee, shall convene the organizational meeting
40 16 of the task force. The task force shall elect from among
40 17 its members a chairperson. Meetings shall be held at the
40 18 call of the chairperson or at the request of two or more task
40 19 force members. Six members shall constitute a quorum and the
40 20 affirmative vote of six members shall be necessary for any
40 21 action taken by the task force.
40 22 4. Prevent child abuse Iowa shall provide staff support to
40 23 the task force.
40 24 5. The task force shall consult with employees of the
40 25 department of human services, the Iowa coalition against sexual
40 26 assault, the department of public safety, the state board
40 27 of education, and any other state agency or department as
40 28 necessary to accomplish the task force's responsibilities under
40 29 this section.
40 30 6. The task force shall develop a model policy addressing
40 31 sexual abuse of children that may include but is not limited
40 32 to the following:
40 33 a. Age=appropriate curricula for students enrolled in
40 34 prekindergarten through grade five.
40 35 b. Training options for school personnel on child sexual
41 1 abuse.
41 2 c. Educational information for parents and guardians that
41 3 may be provided in a school handbook and may include the
41 4 warning signs of a child being abused, along with any needed
41 5 assistance, referral, or resource information.
41 6 d. Counseling options and resources available statewide for
41 7 students affected by sexual abuse.
41 8 e. Emotional and educational support services that may
41 9 be available for a child subject to abuse to continue to be
41 10 successful in school.
41 11 f. Methods for increasing teacher, student, and parent
41 12 awareness of issues regarding sexual abuse of children,
41 13 including but not limited to knowledge of likely warning signs
41 14 indicating that a child may be a victim of sexual abuse.
41 15 g. Actions that a child who is a victim of sexual abuse
41 16 should take to obtain assistance and intervention.
41 17 7. The task force shall make recommendations for preventing
41 18 the sexual abuse of children in Iowa. In making those
41 19 recommendations, the task force shall do the following:
41 20 a. Gather information concerning child sexual abuse
41 21 throughout the state.
41 22 b. Receive reports and testimony from individuals, state
41 23 and local agencies, community=based organizations, and other
41 24 public and private organizations.
41 25 c. Create goals for state policy that would prevent child
41 26 sexual abuse.
41 27 d. Submit a final report with its recommendations to the
41 28 governor and the general assembly on or before January 16,
41 29 2012. The recommendations may include proposals for specific
41 30 statutory changes and methods to foster cooperation among state
41 31 agencies and between the state, local school districts, and
41 32 other local governments.
41 33 Sec. 88. RAILROAD COMPANY ==== LIMITED LIABILITY. A railroad
41 34 company which alters facilities described in section 327F.2
41 35 pursuant to a written agreement executed on or before December
42 1 31, 2012, with a political subdivision with a population of
42 2 more than 67,800, but less than 67,900, according to the 2010
42 3 certified federal census, to construct a flood mitigation
42 4 project shall receive the limitation on liability contained
42 5 in section 670.4, subsection 8, for its facilities described
42 6 in section 327F.2 governed by the written agreement for any
42 7 damages caused by the alteration due to a flood.
42 8 Sec. 89. STATE AGENCY OFFICE SUPPLIES PURCHASE,
42 9 EQUIPMENT PURCHASES, PRINTING AND BINDING, AND MARKETING
42 10 ==== APPLICABILITY. The limitation on expenditures made for
42 11 office supplies, purchases of equipment, office equipment, and
42 12 equipment noninventory, printing and binding, and marketing
42 13 implemented pursuant to 2011 Iowa Acts, House File 45, section
42 14 2, does not apply to a department or agency receiving a
42 15 supplemental appropriation for the fiscal year beginning July
42 16 1, 2010, pursuant to 2011 Iowa Acts, Senate File 209, division
42 17 III.
42 18 Sec. 90. ELECTIONS=RELATED SOFTWARE.
42 19 Any computer software developed by a county for purposes of
42 20 election activities is the property of the county unless the
42 21 county sells the rights to the software.
42 22 Sec. 91. EFFECTIVE DATE ==== 2011 IOWA ACTS, SENATE FILE 205.
42 23 1. 2011 Iowa Acts, Senate File 205, section 3, amending
42 24 section 321.47, subsection 2, being deemed of immediate
42 25 importance, takes effect on the effective date of this section
42 26 of this division of this Act.
42 27 2. 2011 Iowa Acts, Senate File 205, section 4, enacting
42 28 section 321.113, subsection 5, being deemed of immediate
42 29 importance, takes effect on the effective date of this section
42 30 of this division of this Act.
42 31 3. 2011 Iowa Acts, Senate File 205, section 5, amending
42 32 section 321.121, subsection 1, paragraph "b", being deemed of
42 33 immediate importance, takes effect on the effective date of
42 34 this section of this division of this Act.
42 35 4. 2011 Iowa Acts, Senate File 205, section 6, enacting
43 1 section 321.122, subsection 1, paragraph "b", subparagraph
43 2 (3), being deemed of immediate importance, takes effect on the
43 3 effective date of this section of this division of this Act.
43 4 Sec. 92. Section 80B.6, subsection 1, as amended by 2011
43 5 Iowa Acts, Senate File 236, section 1, is amended to read as
43 6 follows:
43 7 1. An Iowa law enforcement academy council is created
43 8 consisting of the following thirteen fifteen voting members
43 9 appointed by the governor, subject to confirmation by the
43 10 senate, to terms of four years commencing as provided in
43 11 section 69.19:
43 12 a. Three residents of the state.
43 13 b. A sheriff of a county with a population of fifty thousand
43 14 persons or more who is a member of the Iowa state sheriffs and
43 15 deputies association.
43 16 c. A sheriff of a county with a population of less than
43 17 fifty thousand persons who is a member of the Iowa state
43 18 sheriffs and deputies association.
43 19 d. A deputy sheriff of a county who is a member of the Iowa
43 20 state sheriffs and deputies association.
43 21 e. A member of the Iowa peace officers association.
43 22 f. A member of the Iowa state police association.
43 23 g. A member of the Iowa police chiefs association.
43 24 h. A police officer who is a member of a police department
43 25 of a city with a population of fifty thousand persons or more.
43 26 i. A police officer who is a member of a police department
43 27 of a city with a population of less than fifty thousand
43 28 persons.
43 29 j. A member of the department of public safety.
43 30 k. A member of the office of motor vehicle enforcement of
43 31 the department of transportation.
43 32 l. An employee of a county conservation board who is a
43 33 certified peace officer.
43 34 m. A conservation peace officer employed under section
43 35 456A.13.
44 1 Sec. 93. Section 256C.5, subsection 1, paragraph c, Code
44 2 2011, is amended to read as follows:
44 3 c. "Preschool budget enrollment" means the figure that
44 4 is equal to sixty fifty percent of the actual enrollment of
44 5 eligible students in the preschool programming provided by
44 6 a school district approved to participate in the preschool
44 7 program on October 1 of the base year, or the first Monday in
44 8 October if October 1 falls on a Saturday or Sunday.
44 9 Sec. 94. Section 279.51, subsection 2, Code 2011, is amended
44 10 to read as follows:
44 11 2. a. Funds allocated under subsection 1, paragraph "b",
44 12 shall be used by the child development coordinating council for
44 13 the following:
44 14 a. (1) To continue funding for programs previously
44 15 funded by grants awarded under section 256A.3 and to provide
44 16 additional grants under section 256A.3. The council shall seek
44 17 to provide grants on the basis of the location within the state
44 18 of children meeting at=risk definitions.
44 19 b. (2) At the discretion of the child development
44 20 coordinating council, award grants for the following:
44 21 (1) (a) To school districts to establish programs for
44 22 three=year=old, four=year=old, and five=year=old at=risk
44 23 children which are a combination of preschool and full=day
44 24 kindergarten.
44 25 (2) (b) To provide grants to provide educational support
44 26 services to parents of at=risk children age birth through three
44 27 years.
44 28 b. A grantee under this subsection may direct the use of
44 29 moneys received to serve any qualifying child ranging in age
44 30 from three years old to five years old, regardless of the age
44 31 of population indicated on the grant request in its initial
44 32 year of application. A grantee is encouraged to consider the
44 33 degree to which the program complements existing programs and
44 34 services for three=year=old, four=year=old, and five=year=old
44 35 at=risk children available in the area, including other child
45 1 care and preschool services, services provided through a school
45 2 district, and services available through an area education
45 3 agency.
45 4 Sec. 95. Section 303.19A, subsection 1, as enacted by 2011
45 5 Iowa Acts, House File 267, section 2, is amended to read as
45 6 follows:
45 7 1. The state historic preservation officer shall only
45 8 recommend that a rural electric cooperative or a municipal
45 9 utility constructing electric distribution and transmission
45 10 facilities for which it is receiving federal funding conduct
45 11 an archeological site survey of its proposed route when, based
45 12 upon a review of existing information on historic properties
45 13 within the area of potential effects of the construction, the
45 14 state historic preservation officer has determined that a
45 15 historic property, as defined by the federal National Historic
45 16 Preservation Act of 1966, as amended, is likely to exist within
45 17 the proposed route.
45 18 Sec. 96. Section 321J.2, subsection 4, paragraph b, Code
45 19 2011, is amended to read as follows:
45 20 b. Assessment of a minimum fine of one thousand eight
45 21 hundred fifty seventy=five dollars and a maximum fine of six
45 22 thousand two hundred fifty dollars. Surcharges and fees shall
45 23 be assessed pursuant to chapter 911.
45 24 Sec. 97. Section 422.11S, subsection 7, paragraph a,
45 25 subparagraph (2), Code 2011, is amended to read as follows:
45 26 (2) "Total approved tax credits" means for the tax year
45 27 beginning in the 2006 calendar year, two million five hundred
45 28 thousand dollars, for the tax year beginning in the 2007
45 29 calendar year, five million dollars, and for tax years
45 30 beginning on or after January 1, 2008, seven million five
45 31 hundred thousand dollars. However, for tax years beginning on
45 32 or after January 1, 2012, and only if legislation is enacted
45 33 by the eighty=fourth general assembly, 2011 session, amending
45 34 section 257.8, subsections 1 and 2, to establish both the state
45 35 percent of growth and the categorical state percent of growth
46 1 for the budget year beginning July 1, 2012, at three percent,
46 2 "total approved tax credits" means ten million dollars.
46 3 Sec. 98. Section 453A.35, subsection 1, Code 2011, is
46 4 amended to read as follows:
46 5 1. a. The With the exception of revenues credited to the
46 6 health care trust fund pursuant to paragraph "b", the proceeds
46 7 derived from the sale of stamps and the payment of taxes, fees,
46 8 and penalties provided for under this chapter, and the permit
46 9 fees received from all permits issued by the department, shall
46 10 be credited to the general fund of the state. However, of
46 11 b. Of the revenues generated from the tax on cigarettes
46 12 pursuant to section 453A.6, subsection 1, and from the tax on
46 13 tobacco products as specified in section 453A.43, subsections
46 14 1, 2, 3, and 4, and credited to the general fund of the state
46 15 under this subsection, there is appropriated, annually, to the
46 16 health care trust fund created in section 453A.35A, the first
46 17 one hundred six million sixteen thousand four hundred dollars
46 18 shall be credited to the health care trust fund created in
46 19 section 453A.35A.
46 20 Sec. 99. Section 453A.35A, subsection 1, Code 2011, is
46 21 amended to read as follows:
46 22 1. A health care trust fund is created in the office of
46 23 the treasurer of state. The fund consists of the revenues
46 24 generated from the tax on cigarettes pursuant to section
46 25 453A.6, subsection 1, and from the tax on tobacco products
46 26 as specified in section 453A.43, subsections 1, 2, 3, and
46 27 4, that are credited to the general fund of the state and
46 28 appropriated to the health care trust fund, annually, pursuant
46 29 to section 453A.35. Moneys in the fund shall be separate from
46 30 the general fund of the state and shall not be considered
46 31 part of the general fund of the state. However, the fund
46 32 shall be considered a special account for the purposes of
46 33 section 8.53 relating to generally accepted accounting
46 34 principles. Moneys in the fund shall be used only as specified
46 35 in this section and shall be appropriated only for the uses
47 1 specified. Moneys in the fund are not subject to section 8.33
47 2 and shall not be transferred, used, obligated, appropriated,
47 3 or otherwise encumbered, except as provided in this section.
47 4 Notwithstanding section 12C.7, subsection 2, interest or
47 5 earnings on moneys deposited in the fund shall be credited to
47 6 the fund.
47 7 Sec. 100. Section 466B.31, subsection 2, paragraph a, Code
47 8 2011, is amended by adding the following new subparagraphs:
47 9 NEW SUBPARAGRAPH. (17) One member selected by the
47 10 agribusiness association of Iowa.
47 11 NEW SUBPARAGRAPH. (18) One member selected by the Iowa
47 12 floodplain and stormwater management association.
47 13 NEW SUBPARAGRAPH. (19) One member selected by Iowa rivers
47 14 revival.
47 15 Sec. 101. Section 523I.102, subsection 6, paragraph c, Code
47 16 2011, is amended to read as follows:
47 17 c. A pioneer cemetery. However, a pioneer cemetery is a
47 18 cemetery for purposes of sections 523I.316, 523I.317, 523I.401,
47 19 and 523I.402.
47 20 Sec. 102. Section 537A.5, subsection 1, as enacted by 2011
47 21 Iowa Acts, Senate File 396, section 1, is amended to read as
47 22 follows:
47 23 1. As used in this section, "construction contract"
47 24 means an agreement relating to the construction, alteration,
47 25 improvement, development, demolition, excavation,
47 26 rehabilitation, maintenance, or repair of buildings, highways,
47 27 roads, streets, bridges, tunnels, transportation facilities,
47 28 airports, water or sewage treatment plants, power plants,
47 29 or any other improvements to real property in this state,
47 30 including shafts, wells, and structures, whether on ground,
47 31 above ground, or underground, and includes agreements for
47 32 architectural services, design services, engineering services,
47 33 construction services, construction management services,
47 34 development services, maintenance services, material purchases,
47 35 equipment rental, and labor. "Construction contract" includes
48 1 all public, private, foreign, or domestic agreements as
48 2 described in this subsection other than such public agreements
48 3 relating to highways, roads, and streets.
48 4 Sec. 103. Section 654.4B, subsection 2, paragraph b, Code
48 5 2011, is amended to read as follows:
48 6 b. This subsection is repealed July 1, 2011 2012.
48 7 Sec. 104. APPLICABILITY. The section of this division of
48 8 this Act amending section 256C.5, subsection 1, takes effect
48 9 upon enactment, and applies to budget years beginning on or
48 10 after July 1, 2011.
48 11 Sec. 105. EFFECTIVE UPON ENACTMENT. The following
48 12 provision or provisions of this division of this Act, being
48 13 deemed of immediate importance, take effect upon enactment:
48 14 1. The section of this division of this Act amending section
48 15 303.19A.
48 16 2. The section of this division of this Act amending section
48 17 654.4B.
48 18 3. The section of this division of this Act appropriating
48 19 moneys to the department of cultural affairs for purposes of a
48 20 grant for the battleship Iowa, BB=61.
48 21 4. The section of this division of this Act creating a task
48 22 force on the prevention of sexual abuse of children.
48 23 5. The section of this division of this Act providing
48 24 effective dates for certain provisions in 2011 Iowa Acts,
48 25 Senate File 205.
48 26 6. The section in this division of this Act making an
48 27 appropriation to the Iowa finance authority for a group home
48 28 grant.
48 29 7. The section of this division of this Act relating to
48 30 a school district participating on a contractual basis in a
48 31 special education instructional program operated by an area
48 32 education agency.
48 33 Sec. 106. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
48 34 APPLICABILITY. The provision of this division of this Act
48 35 relating to a limitation on state agency office supplies
49 1 purchase, equipment purchases, printing and binding, and
49 2 marketing as enacted by 2011 Iowa Acts, House File 45, being
49 3 deemed of immediate importance, takes effect upon enactment and
49 4 applies retroactively to March 7, 2011.
49 5 DIVISION VIII
49 6 APPROPRIATION TRANSFERS
49 7 REBUILD IOWA INFRASTRUCTURE FUND
49 8 Sec. 107. 2010 Iowa Acts, chapter 1184, section 26, is
49 9 amended to read as follows:
49 10 SEC. 26. There is appropriated from the rebuild Iowa
49 11 infrastructure fund to the department of economic development
49 12 for deposit in the grow Iowa values fund, for the fiscal year
49 13 beginning July 1, 2010, and ending June 30, 2011, the following
49 14 amount, notwithstanding section 8.57, subsection 6, paragraph
49 15 "c":
49 16 .................................................. $ 38,000,000
49 17 Of the moneys appropriated in this section, from the
49 18 amount allocated to the department of economic development
49 19 in accordance with 2010 Iowa Acts, chapter 1184, section 28,
49 20 subsection 1, $1,200,000 shall be used for the department's
49 21 Iowans helping Iowans business assistance program.
49 22 Notwithstanding section 8.33, moneys designated pursuant
49 23 to this unnumbered paragraph that remain unencumbered or
49 24 unobligated at the close of the fiscal year shall not revert
49 25 but shall remain available for expenditure for the purposes
49 26 designated until the close of the succeeding fiscal year.
49 27 CASH RESERVE FUND
49 28 Sec. 108. 2010 Iowa Acts, chapter 1193, section 90,
49 29 subsection 1, is amended to read as follows:
49 30 1. DEPARTMENT OF HUMAN SERVICES
49 31 For the medical assistance program:
49 32 .................................................. $187,800,000
49 33 a. Of the moneys appropriated in this subsection, the
49 34 following amounts shall be transferred as follows:
49 35 (1) To the Iowa finance authority to be used for the Iowans
50 1 helping Iowans housing assistance program:
50 2 .................................................. $ 6,050,000
50 3 (2) To the department of human services to be used for the
50 4 unmet needs program administered by the department:
50 5 .................................................. $ 3,056,603
50 6 b. Notwithstanding section 8.33, moneys transferred
50 7 pursuant to paragraph "a" that remain unencumbered or
50 8 unobligated at the close of the fiscal year shall not revert
50 9 but shall remain available for expenditure for the purposes
50 10 designated until the close of the succeeding fiscal year.
50 11 Sec. 109. EFFECTIVE DATE ==== APPLICABILITY.
50 12 1. This division of this Act being deemed of immediate
50 13 importance takes effect upon enactment, and if approved by the
50 14 governor on or after July 1, 2011, are retroactively applicable
50 15 to the date specified in subsection 2.
50 16 2. The provisions of this division of this Act providing
50 17 for transfers are retroactively applicable to August 27,
50 18 2010, and apply in lieu of the transfers made for the same
50 19 purposes by the executive branch, as reported by the department
50 20 of management in the transfer notice to the governor and
50 21 lieutenant governor dated August 27, 2010.
50 22 DIVISION IX
50 23 REORGANIZATION
50 24 Sec. 110. NEW SECTION. 8.75 Contract services ==== training.
50 25 1. Each department, as defined in section 8.2, shall
50 26 separately track the budget and actual expenditures for
50 27 contract services and for employee training for each
50 28 appropriation line item.
50 29 2. The terms of the contracts for contracted services
50 30 entered into or revised during the fiscal year shall
50 31 incorporate quality assurance and cost control measures.
50 32 3. The employee training tracking information shall be
50 33 further divided into training categories. Each department's
50 34 report on training tracking shall specifically address the use
50 35 of electronically based training.
51 1 4. Each department shall report to the legislative services
51 2 agency on January 15 and July 15 of each year concerning
51 3 the budget, expenditure, quality assurance, and cost control
51 4 information addressed by this section for the previous six
51 5 calendar months.
51 6 Sec. 111. NEW SECTION. 8A.319 State government purchasing
51 7 efforts ==== department of administrative services.
51 8 In order to facilitate efficient and cost=effective
51 9 purchasing, the department of administrative services shall do
51 10 the following:
51 11 1. Require state agencies to provide the department with
51 12 a report regarding planned purchases on an annual basis and
51 13 to report on an annual basis regarding efforts to standardize
51 14 products and services within their own agencies and with other
51 15 state agencies.
51 16 2. Require state employees who conduct bids for services to
51 17 receive training on an annual basis about procurement rules and
51 18 procedures and procurement best practices.
51 19 3. Identify procurement compliance employees within the
51 20 department.
51 21 4. Review the process and basis for establishing
51 22 departmental fees for purchasing.
51 23 5. Establish a work group to collaborate on best practices
51 24 to implement the best cost savings for the state concerning
51 25 purchasing.
51 26 6. Explore interstate and intergovernmental purchasing
51 27 opportunities and encourage the legislative and judicial
51 28 branches to participate in consolidated purchasing and
51 29 efficiencies wherever possible.
51 30 7. Expand the use of procurement cards throughout state
51 31 government to facilitate purchasing of items by state agencies.
51 32 Sec. 112. DEPARTMENT OF ADMINISTRATIVE SERVICES INFORMATION
51 33 TECHNOLOGY ==== UTILIZATION BY LEGISLATIVE AND JUDICIAL
51 34 BRANCH. The department of administrative services shall
51 35 consult with and explore opportunities with the legislative
52 1 and judicial branches of government relative to the providing
52 2 of information technology services to those branches of
52 3 government.
52 4 Sec. 113. STATE AGENCY ELECTRONIC RENEWAL NOTICES. State
52 5 agencies, as defined in section 8A.101, should, to the greatest
52 6 extent possible, utilize electronic mail or similar electronic
52 7 means to notify holders of licenses or permits issued by that
52 8 state agency that the license or permit needs to be renewed.
52 9 The chief information officer of the state shall assist state
52 10 agencies in implementing the directive in this section.
52 11 Sec. 114. STATE AGENCY EFFICIENCY EFFORTS.
52 12 1. LEAN EFFORTS. State agencies shall budget for and plan
52 13 to conduct lean projects as described in section 8.70. Each
52 14 state agency shall coordinate its activities with the office of
52 15 lean enterprise created in section 8.70 in developing plans to
52 16 conduct lean projects.
52 17 2. SHARED RESOURCES. State agencies are encouraged to
52 18 share resources and services, including staff, training, and
52 19 educational services, to the greatest extent possible in order
52 20 to best fulfill the duties of each agency at the least cost.
52 21 Sec. 115. JOINT APPROPRIATIONS SUBCOMMITTEES ==== REVIEW OF
52 22 AGENCY FEES. Each joint appropriations subcommittee of the
52 23 general assembly shall examine and review on an annual basis
52 24 the fees charged by state agencies under the purview of that
52 25 joint appropriations subcommittee.
52 26 Sec. 116. DEPARTMENT OF ADMINISTRATIVE SERVICES ====
52 27 STREAMLINED HIRING. The department of administrative services
52 28 shall, in consultation with the department of management,
52 29 examine the process by which state agencies hire personnel
52 30 with the goal of simplifying and reducing the steps needed
52 31 for state agencies to hire personnel. The department shall
52 32 provide information to the general assembly concerning steps
52 33 taken to implement a more streamlined hiring process and any
52 34 recommendations for legislative action.
52 35 Sec. 117. TOBACCO RETAIL COMPLIANCE CHECKS. For the
53 1 fiscal year beginning July 1, 2011, and ending June 30, 2012,
53 2 the terms of a chapter 28D agreement, entered into between
53 3 the division of tobacco use prevention and control of the
53 4 department of public health and the alcoholic beverages
53 5 division of the department of commerce, governing compliance
53 6 checks conducted to ensure licensed retail tobacco outlet
53 7 conformity with tobacco laws, regulations, and ordinances
53 8 relating to persons under eighteen years of age, shall restrict
53 9 the number of such checks to one check per retail outlet, and
53 10 one additional check for any retail outlet found to be in
53 11 violation during the first check.
53 12 Sec. 118. DEPARTMENT OF ADMINISTRATIVE SERVICES ====
53 13 CENTRALIZED PAYROLL SYSTEM. The department of administrative
53 14 services shall examine the possibility of merging all state
53 15 payroll systems into the centralized payroll system operated
53 16 by the department. The department shall consult with those
53 17 entities of state government not utilizing the centralized
53 18 payroll system, including but not limited to the state
53 19 department of transportation, about strategies for encouraging
53 20 utilization of the state's centralized payroll system and by
53 21 identifying those barriers preventing merging of the payroll
53 22 systems. The department shall provide information to the joint
53 23 appropriations subcommittee on administration and regulation
53 24 concerning efforts by the department to merge payroll systems
53 25 and any recommendations for legislative action to encourage, or
53 26 eliminate barriers to, the provision of payroll services by the
53 27 department to other state agencies.
53 28 DIVISION X
53 29 MEDICATION THERAPY MANAGEMENT
53 30 Sec. 119. 2010 Iowa Acts, chapter 1193, section 166,
53 31 subsections 2 and 3, are amended to read as follows:
53 32 2. a. Prior to July 1, 2010, the department of
53 33 administrative services shall utilize a request for proposals
53 34 process to contract for the provision of medication therapy
53 35 management services beginning July 1, 2010, and prior to July
54 1 1, 2011, shall amend the contract to continue the provision of
54 2 medication therapy management services beginning July 1, 2011,
54 3 for eligible employees who meet any of the following criteria:
54 4 (1) An individual who takes four or more prescription drugs
54 5 to treat or prevent two or more chronic medical conditions.
54 6 (2) An individual with a prescription drug therapy problem
54 7 who is identified by the prescribing physician or other
54 8 appropriate prescriber, and referred to a pharmacist for
54 9 medication therapy management services.
54 10 (3) An individual who meets other criteria established by
54 11 the third=party payment provider contract, policy, or plan.
54 12 b. The department of administrative services shall
54 13 utilize an advisory committee comprised of an equal number of
54 14 physicians and pharmacists to provide advice and oversight
54 15 regarding the request for proposals and evaluation processes.
54 16 The department shall appoint the members of the advisory
54 17 council based upon designees of the Iowa pharmacy association,
54 18 the Iowa medical society, and the Iowa osteopathic medical
54 19 association.
54 20 c. b. The contract shall require the company to provide
54 21 annual reports to the general assembly detailing the costs,
54 22 savings, estimated cost avoidance and return on investment,
54 23 and patient outcomes related to the medication therapy
54 24 management services provided. The company shall guarantee
54 25 demonstrated annual savings, including any savings associated
54 26 with cost avoidance at least equal to the program's costs
54 27 with any shortfall amount refunded to the state. As a proof
54 28 of concept in the program for the period beginning July 1,
54 29 2010, and ending June 30, 2011, the company shall offer a
54 30 dollar=for=dollar guarantee for drug product costs savings
54 31 alone. Prior to entering into a contract with a company,
54 32 the department and the company shall agree on the terms,
54 33 conditions, and applicable measurement standards associated
54 34 with the demonstration of savings. The department shall verify
54 35 the demonstrated savings reported by the company was performed
55 1 in accordance with the agreed upon measurement standards. The
55 2 company shall be prohibited from using the company's employees
55 3 to provide the medication therapy management services and shall
55 4 instead be required to contract with licensed pharmacies,
55 5 pharmacists, or physicians.
55 6 d. The fees for pharmacist=delivered medication therapy
55 7 management services shall be separate from the reimbursement
55 8 for prescription drug product or dispensing services; shall
55 9 be determined by each third=party payment provider contract,
55 10 policy, or plan; and must be reasonable based on the resources
55 11 and time required to provide the service.
55 12 e. A fee shall be established for physician reimbursement
55 13 for services delivered for medication therapy management as
55 14 determined by each third=party payment provider contract,
55 15 policy, or plan, and must be reasonable based on the resources
55 16 and time required to provide the service.
55 17 f. If any part of the medication therapy management
55 18 plan developed by a pharmacist incorporates services which
55 19 are outside the pharmacist's independent scope of practice
55 20 including the initiation of therapy, modification of dosages,
55 21 therapeutic interchange, or changes in drug therapy, the
55 22 express authorization of the individual's physician or other
55 23 appropriate prescriber is required.
55 24 g. For the contract period beginning July 1, 2011, the
55 25 department shall utilize the services of the college of
55 26 pharmacy at a state university to validate reported drug cost
55 27 savings.
55 28 h. The results of the pilot program for the period beginning
55 29 July 1, 2010, and ending December 31, 2011, shall be submitted
55 30 to the general assembly no later than March 1, 2012.
55 31 3. This section is repealed December 31, 2011 2012.
55 32 Sec. 120. TRANSFER ==== MEDICATION THERAPY MANAGEMENT
55 33 PROGRAM. There is transferred $510,000 from the fees collected
55 34 by the board of pharmacy pursuant to chapter 155A and retained
55 35 by the board pursuant to the authority granted in section
56 1 147.82 to the department of administrative services for the
56 2 fiscal year beginning July 1, 2011, and ending June 30, 2012,
56 3 to be used to be used for the medication therapy management
56 4 program.
56 5 Sec. 121. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
56 6 APPLICABILITY. This division of this Act, being deemed of
56 7 immediate importance, takes effect upon enactment, and is
56 8 retroactively applicable to June 15, 2011.
56 9 DIVISION XI
56 10 EARNED INCOME TAX CREDIT
56 11 Sec. 122. Section 422.12B, subsection 1, Code 2011, is
56 12 amended to read as follows:
56 13 1. The taxes imposed under this division less the credits
56 14 allowed under section 422.12 shall be reduced by an earned
56 15 income credit equal to seven ten percent of the federal earned
56 16 income credit provided in section 32 of the Internal Revenue
56 17 Code. Any credit in excess of the tax liability is refundable.
56 18 Sec. 123. RETROACTIVE APPLICABILITY. This division of this
56 19 Act applies retroactively to January 1, 2011, for tax years
56 20 beginning on or after that date.
56 21 DIVISION XII
56 22 REGULAR PROGRAM AND CATEGORICAL STATE PERCENT
56 23 OF GROWTH FOR EDUCATION ==== FY 2012=2013
56 24 Sec. 124. Section 257.8, subsection 1, Code 2011, is amended
56 25 to read as follows:
56 26 1. State percent of growth. The state percent of growth
56 27 for the budget year beginning July 1, 2009, is four percent.
56 28 The state percent of growth for the budget year beginning July
56 29 1, 2010, is two percent. The state percent of growth for the
56 30 budget year beginning July 1, 2012, is three percent. The
56 31 state percent of growth for each subsequent budget year shall
56 32 be established by statute which shall be enacted within thirty
56 33 days of the submission in the year preceding the base year of
56 34 the governor's budget under section 8.21. The establishment of
56 35 the state percent of growth for a budget year shall be the only
57 1 subject matter of the bill which enacts the state percent of
57 2 growth for a budget year.
57 3 Sec. 125. Section 257.8, subsection 2, Code 2011, is amended
57 4 to read as follows:
57 5 2. Categorical state percent of growth. The categorical
57 6 state percent of growth for the budget year beginning July 1,
57 7 2010, is two percent. The categorical state percent of growth
57 8 for the budget year beginning July 1, 2012, is three percent.
57 9 The categorical state percent of growth for each budget year
57 10 shall be established by statute which shall be enacted within
57 11 thirty days of the submission in the year preceding the
57 12 base year of the governor's budget under section 8.21. The
57 13 establishment of the categorical state percent of growth for a
57 14 budget year shall be the only subject matter of the bill which
57 15 enacts the categorical state percent of growth for a budget
57 16 year. The categorical state percent of growth may include
57 17 state percents of growth for the teacher salary supplement, the
57 18 professional development supplement, and the early intervention
57 19 supplement.
57 20 Sec. 126. CODE SECTION 257.8 ==== APPLICABILITY. The
57 21 requirements of section 257.8 regarding the time period
57 22 of enactment and the subject matter of the legislation
57 23 establishing the state percent of growth and the categorical
57 24 state percent of growth for a budget year are not applicable
57 25 to the division. The requirements of section 257.8 regarding
57 26 enactment of the regular program state percent of growth and
57 27 categorical state percent of growth within thirty days of
57 28 the submission in the year preceding the base year of the
57 29 governor's budget and the requirements that the subject matter
57 30 of each bill establishing the state percent of growth or the
57 31 categorical state percent of growth be the only subject matter
57 32 of the bill do not apply to this division of this Act.
57 33 Sec. 127. APPLICABILITY. This division of this Act is
57 34 applicable for computing state aid under the state school
57 35 foundation program for the school budget year beginning July
58 1 1, 2012.
58 2 DIVISION XIII
58 3 WITHHOLDING AGREEMENTS
58 4 Sec. 128. Section 403.19A, subsection 1, paragraphs c and f,
58 5 Code 2011, are amended to read as follows:
58 6 c. "Employer" means a business creating or retaining
58 7 targeted jobs in an urban renewal area of a pilot project city
58 8 pursuant to a withholding agreement.
58 9 f. "Targeted job" means a job in a business which is or
58 10 will be located in an urban renewal area of a pilot project
58 11 city that pays a wage at least equal to the countywide average
58 12 wage. "Targeted job" includes new or retained jobs from Iowa
58 13 business expansions or retentions within the city limits of the
58 14 pilot project city and those jobs resulting from established
58 15 out=of=state businesses, as defined by the department of
58 16 economic development, moving to or expanding in Iowa.
58 17 Sec. 129. Section 403.19A, subsection 3, paragraph c,
58 18 subparagraph (1), Code 2011, is amended to read as follows:
58 19 (1) The pilot project city shall enter into a withholding
58 20 agreement with each employer concerning the targeted jobs
58 21 withholding credit. The withholding agreement shall provide
58 22 for the total amount of withholding tax credits awarded. An
58 23 agreement shall not provide for an amount of withholding
58 24 credits that exceeds the amount of the qualifying investment
58 25 made in the project. An agreement shall not be entered into
58 26 by a pilot project city with a business currently located in
58 27 this state unless the business either creates or retains ten
58 28 new jobs or makes a qualifying investment of at least five
58 29 hundred thousand dollars within the urban renewal area. The
58 30 withholding agreement may have a term of up to ten years. An
58 31 employer shall not be obligated to enter into a withholding
58 32 agreement. An agreement shall not be entered into with an
58 33 employer not already located in a pilot project city when
58 34 another Iowa community is competing for the same project and
58 35 both the pilot project city and the other Iowa community are
59 1 seeking assistance from the department.
59 2 Sec. 130. Section 403.19A, subsection 3, paragraph f, Code
59 3 2011, is amended to read as follows:
59 4 f. If the employer ceases to meet the requirements of the
59 5 withholding agreement, the agreement shall be terminated and
59 6 any withholding tax credits for the benefit of the employer
59 7 shall cease. However, in regard to the number of new jobs
59 8 that are to be created or retained, if the employer has met
59 9 the number of new jobs to be created or retained pursuant to
59 10 the withholding agreement and subsequently the number of new
59 11 jobs falls below the required level, the employer shall not
59 12 be considered as not meeting the new job requirement until
59 13 eighteen months after the date of the decrease in the number of
59 14 new jobs created or retained.
59 15 Sec. 131. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
59 16 APPLICABILITY. This division of this Act, being deemed of
59 17 immediate importance, takes effect upon enactment and applies
59 18 retroactively to July 1, 2006, for agreements entered into on
59 19 or after that date.
59 20 DIVISION XIV
59 21 SCHOOL EMPLOYEE MISCONDUCT
59 22 Sec. 132. Section 272.2, subsection 1, paragraph b, Code
59 23 2011, is amended by striking the paragraph and inserting in
59 24 lieu thereof the following:
59 25 b. Provide annually to any person who holds a license,
59 26 certificate, authorization, or statement of recognition
59 27 issued by the board, training relating to the knowledge and
59 28 understanding of the board's code of professional conduct and
59 29 ethics. The board shall develop a curriculum that addresses
59 30 the code of professional conduct and ethics and shall annually
59 31 provide regional training opportunities throughout the state.
59 32 Sec. 133. Section 272.15, subsection 1, Code 2011, is
59 33 amended to read as follows:
59 34 1. a. The board of directors of a school district or area
59 35 education agency, the superintendent of a school district or
60 1 the chief administrator of an area education agency, and the
60 2 authorities in charge of a nonpublic school shall report to the
60 3 board the nonrenewal or termination, for reasons of alleged
60 4 or actual misconduct, of a person's contract executed under
60 5 sections 279.12, 279.13, 279.15 through 279.21, 279.23, and
60 6 279.24, and the resignation of a person who holds a license,
60 7 certificate, or authorization issued by the board as a result
60 8 of or following an incident or allegation of misconduct that,
60 9 if proven, would constitute a violation of the rules adopted
60 10 by the board to implement section 272.2, subsection 14,
60 11 paragraph "b", subparagraph (1), when the board or reporting
60 12 official has a good faith belief that the incident occurred
60 13 or the allegation is true. The board may deny a license or
60 14 revoke the license of an administrator if the board finds by
60 15 a preponderance of the evidence that the administrator failed
60 16 to report the termination or resignation of a school employee
60 17 holding a license, certificate, statement of professional
60 18 recognition, or coaching authorization, for reasons of alleged
60 19 or actual misconduct, as defined by this section.
60 20 b. Information reported to the board in accordance with this
60 21 section is privileged and confidential, and except as provided
60 22 in section 272.13, is not subject to discovery, subpoena, or
60 23 other means of legal compulsion for its release to a person
60 24 other than the respondent and the board and its employees and
60 25 agents involved in licensee discipline, and is not admissible
60 26 in evidence in a judicial or administrative proceeding other
60 27 than the proceeding involving licensee discipline. The board
60 28 shall review the information reported to determine whether a
60 29 complaint should be initiated. In making that determination,
60 30 the board shall consider the factors enumerated in section
60 31 272.2, subsection 14, paragraph "a".
60 32 c. For purposes of this section, unless the context
60 33 otherwise requires, "misconduct" means an action disqualifying
60 34 an applicant for a license or causing the license of a person
60 35 to be revoked or suspended in accordance with the rules
61 1 adopted by the board to implement section 272.2, subsection 14,
61 2 paragraph "b", subparagraph (1).
61 3 Sec. 134. Section 280.17, Code 2011, is amended to read as
61 4 follows:
61 5 280.17 Procedures for handling child abuse reports.
61 6 1. The board of directors of a public school district
61 7 and the authorities in control charge of a nonpublic school
61 8 shall prescribe procedures, in accordance with the guidelines
61 9 contained in the model policy developed by the department
61 10 of education in consultation with the department of human
61 11 services, and adopted by the department of education pursuant
61 12 to chapter 17A, for the handling of reports of child abuse, as
61 13 defined in section 232.68, subsection 2, paragraph "a", "c", or
61 14 "e", alleged to have been committed by an employee or agent of
61 15 the public or nonpublic school.
61 16 2. a. The board of directors of a school district and the
61 17 authorities in charge of an accredited nonpublic school shall
61 18 place on administrative leave a school employee who is the
61 19 subject of an investigation of an alleged incident of abuse of
61 20 a student conducted in accordance with 281 IAC 102.
61 21 b. If the results of an investigation of abuse of a
61 22 student by a school employee who holds a license, certificate,
61 23 authorization, or statement of recognition issued by the board
61 24 of educational examiners finds that the school employee's
61 25 conduct constitutes a crime under any other statute, the board
61 26 or the authorities, as appropriate, shall report the results of
61 27 the investigation to the board of educational examiners.
61 28 Sec. 135. Section 280.27, Code 2011, is amended to read as
61 29 follows:
61 30 280.27 Reporting violence ==== immunity.
61 31 An employee of a school district, an accredited nonpublic
61 32 school, or an area education agency who participates in good
61 33 faith and acts reasonably in the making of a report to, or
61 34 investigation by, an appropriate person or agency regarding
61 35 violence, threats of violence, physical or sexual abuse of
62 1 a student, or other inappropriate activity against a school
62 2 employee or student in a school building, on school grounds,
62 3 or at a school=sponsored function shall be immune from civil
62 4 or criminal liability relating to such action, as well as for
62 5 participating in any administrative or judicial proceeding
62 6 resulting from or relating to the report or investigation.
62 7 DIVISION XV
62 8 STATE FAIR AUTHORITY
62 9 Sec. 136. Section 173.1, subsection 4, Code 2011, is amended
62 10 to read as follows:
62 11 4. A treasurer to be elected by the board who shall serve as
62 12 a nonvoting member from the elected directors.
62 13 Sec. 137. REPEAL. Section 173.12, Code 2011, is repealed.
62 14 DIVISION XVI
62 15 CONTROLLED SUBSTANCES
62 16 Sec. 138. CONTROLLED SUBSTANCE COLLECTION AND DISPOSAL
62 17 PROGRAM. A person in possession of or a retailer selling a
62 18 controlled substance designated in section 124.204, subsection
62 19 4, paragraph "ai", subparagraphs (1) through (4), if enacted,
62 20 shall be required to transfer such controlled substance to the
62 21 department of public safety for destruction. The department of
62 22 public safety shall establish a controlled substance collection
62 23 and disposal program for a controlled substance designated in
62 24 section 124.204, subsection 4, paragraph "ai", subparagraphs
62 25 (1) through (4). The department of public safety may partner
62 26 with a third party, including a local enforcement agency, to
62 27 implement and administer the program. The program shall be
62 28 dissolved thirty days after the enactment date of section
62 29 124.204, subsection 4, paragraph "ai", subparagraphs (1)
62 30 through (4).
62 31 Sec. 139. APPLICABILITY ==== CRIMINAL PENALTIES. Criminal
62 32 penalties do not apply to violations associated with the
62 33 substances designated controlled substances in section 124.204,
62 34 subsection 4, paragraph "ai", subparagraphs (1) through (4),
62 35 if enacted, until thirty days after the enactment date of
63 1 section 124.204, subsection 4, paragraph "ai", subparagraphs
63 2 (1) through (4).
63 3 Sec. 140. 2011 Iowa Acts, Senate File 510, section 28, if
63 4 enacted, is amended to read as follows:
63 5 SEC. 28. EFFECTIVE DATE. The following provision of this
63 6 division of this Act takes effect thirty days after enactment,
63 7 notwithstanding section 3.7 of this Act or thirty days after
63 8 the enactment of 2011 Iowa Acts, Senate File 538, if enacted,
63 9 whichever is later:
63 10 The section of this division of this Act amending enacting
63 11 section 124.204, subsection 4, paragraph "ai", subparagraphs
63 12 (1) through (4).
63 13 Sec. 141. 2011 Iowa Acts, Senate File 510, section 29, if
63 14 enacted, is amended to read as follows:
63 15 SEC. 29. EFFECTIVE UPON ENACTMENT. The following provision
63 16 of this division of this Act, being deemed of immediate
63 17 importance, and notwithstanding section 3.7 takes effect upon
63 18 enactment of this Act or upon enactment of 2011 Iowa Acts,
63 19 Senate File 538, if enacted, whichever is later:
63 20 The section of this Act amending enacting section 124.204,
63 21 subsection 4, paragraph "ai", subparagraph (5).
63 22 Sec. 142. EFFECTIVE UPON ENACTMENT. This division of this
63 23 Act, being deemed of immediate importance, takes effect upon
63 24 enactment of this Act or upon the enactment of 2011 Iowa Acts,
63 25 Senate File 510, if enacted, whichever is later.
63 26 DIVISION XVII
63 27 RADIOS
63 28 Sec. 143. 2011 Iowa Acts, Senate File 509, section 22,
63 29 subsections 2 and 3, if enacted, are amended to read as
63 30 follows:
63 31 2. Of the amount appropriated in subsection 1, the
63 32 department of natural resources may enter into a public=private
63 33 partnership, through a competitive bidding process, for
63 34 the provision of the statewide network and the purchase of
63 35 compatible equipment. The mobile radios purchased by the
64 1 department pursuant to subsection 1 shall be compatible with
64 2 a statewide public safety radio network created pursuant
64 3 to legislation enacted by the 2011 session of the general
64 4 assembly. The department shall purchase the mobile radios
64 5 after conducting a competitive bidding process.
64 6 3. On or before January 13, 2012, the department of natural
64 7 resources in cooperation with the department of public safety
64 8 shall provide a report to the legislative services agency
64 9 and the department of management. The report shall detail
64 10 the status of the moneys appropriated in subsection 1 and
64 11 shall include the estimated needs of the department of natural
64 12 resources to achieve interoperability and to meet the federal
64 13 narrowbanding mandate, and any changes in estimated costs to
64 14 meet those needs, and the status of requests for proposals to
64 15 develop a public=private partnership.
64 16 Sec. 144. EFFECTIVE UPON ENACTMENT. This division of this
64 17 Act, being deemed of immediate importance, takes effect upon
64 18 enactment and, if approved by the governor on or after July 1,
64 19 2011, shall apply retroactively to June 30, 2011.
64 20 DIVISION XVIII
64 21 BUSINESS PROPERTY TAX CREDITS
64 22 Sec. 145. Section 331.512, Code 2011, is amended by adding
64 23 the following new subsection:
64 24 NEW SUBSECTION. 13A. Carry out duties relating to the
64 25 business property tax credit as provided in chapter 426C.
64 26 Sec. 146. Section 331.559, Code 2011, is amended by adding
64 27 the following new subsection:
64 28 NEW SUBSECTION. 14A. Carry out duties relating to the
64 29 business property tax credit as provided in chapter 426C.
64 30 Sec. 147. NEW SECTION. 426C.1 Definitions.
64 31 1. For the purposes of this chapter, unless the context
64 32 otherwise requires:
64 33 a. "Contiguous parcels" means any of the following:
64 34 (1) Parcels that share one or more common boundaries.
64 35 (2) Parcels within the same building or structure
65 1 regardless of whether the parcels share one or more common
65 2 boundaries.
65 3 (3) Improvements to the land that are situated on one or
65 4 more parcels of land that are assessed and taxed separately
65 5 from the improvements if the parcels of land upon which the
65 6 improvements are situated share one or more common boundaries.
65 7 b. "Department" means the department of revenue.
65 8 c. "Fund" means the business property tax credit fund
65 9 created in section 426C.2.
65 10 d. "Parcel" means as defined in section 445.1.
65 11 e. "Property unit" means contiguous parcels all of which
65 12 are located within the same county, with the same property tax
65 13 classification, each of which contains permanent improvements,
65 14 are owned by the same person, and are operated by that person
65 15 for a common use and purpose.
65 16 2. For purposes of this chapter, two or more parcels are
65 17 considered to be owned by the same person if the owners of
65 18 the parcels are business entities that share common ownership
65 19 of each entity in an amount equal to or in excess of fifty
65 20 percent.
65 21 Sec. 148. NEW SECTION. 426C.2 Business property tax credit
65 22 fund ==== appropriation.
65 23 1. A business property tax credit fund is created in the
65 24 state treasury under the authority of the department. For the
65 25 fiscal year beginning July 1, 2012, there is appropriated from
65 26 the general fund of the state to the department to be credited
65 27 to the fund, the sum of fifty million dollars to be used for
65 28 business property tax credits authorized in this chapter. For
65 29 the fiscal year beginning July 1, 2013, and each fiscal year
65 30 thereafter, there is appropriated from the general fund of the
65 31 state to the department to be credited to the fund an amount
65 32 equal to the total amount appropriated by the general assembly
65 33 to the fund in the previous fiscal year. In addition, the sum
65 34 of fifty million dollars shall be added to the appropriation
65 35 in each fiscal year beginning on or after July 1, 2013, if
66 1 the revenue estimating conference certifies during its final
66 2 meeting of the calendar year ending prior to the beginning of
66 3 the fiscal year that the total amount of general fund revenues
66 4 collected during the fiscal year ending during such calendar
66 5 year was at least one hundred four percent of the total amount
66 6 of general fund revenues collected during the previous fiscal
66 7 year. However, the total appropriation to the fund shall not
66 8 exceed two hundred million dollars for any one fiscal year.
66 9 2. Notwithstanding section 12C.7, subsection 2, interest or
66 10 earnings on moneys deposited in the fund shall be credited to
66 11 the fund. Moneys in the fund are not subject to the provisions
66 12 of section 8.33 and shall not be transferred, used, obligated,
66 13 appropriated, or otherwise encumbered except as provided in
66 14 this chapter.
66 15 Sec. 149. NEW SECTION. 426C.3 Claims for credit.
66 16 1. Each person who wishes to claim the credit allowed
66 17 under this chapter shall obtain the appropriate forms from the
66 18 assessor and file the claim with the assessor. The director
66 19 of revenue shall prescribe suitable forms and instructions for
66 20 such claims, and make such forms and instructions available to
66 21 the assessors.
66 22 2. a. Claims for the business property tax credit shall be
66 23 filed not later than March 15 preceding the fiscal year during
66 24 which the taxes for which the credit is claimed are due and
66 25 payable.
66 26 b. A claim filed after the deadline for filing claims shall
66 27 be considered as a claim for the following year.
66 28 3. Upon the filing of a claim and allowance of the credit,
66 29 the credit shall be allowed on the parcel or property unit for
66 30 successive years without further filing as long as the parcel
66 31 or property unit satisfies the requirements for the credit. If
66 32 the parcel or property unit owner ceases to qualify for the
66 33 credit under this chapter, the owner shall provide written
66 34 notice to the assessor by the date for filing claims specified
66 35 in subsection 2 following the date on which the parcel or
67 1 property unit ceases to qualify for the credit.
67 2 4. When all or a portion of a parcel or property unit that
67 3 is allowed a credit under this chapter is sold, transferred,
67 4 or ownership otherwise changes, the buyer, transferee, or new
67 5 owner who wishes to receive the credit shall refile the claim
67 6 for credit. When a portion of a parcel or property unit that
67 7 is allowed a credit under this chapter is sold, transferred,
67 8 or ownership otherwise changes, the owner of the portion of
67 9 the parcel or property unit for which ownership did not change
67 10 shall refile the claim for credit.
67 11 5. The assessor shall remit the claims for credit to the
67 12 county auditor with the assessor's recommendation for allowance
67 13 or disallowance. If the assessor recommends disallowance
67 14 of a claim, the assessor shall submit the reasons for the
67 15 recommendation, in writing, to the county auditor. The county
67 16 auditor shall forward the claims to the board of supervisors.
67 17 The board shall allow or disallow the claims.
67 18 6. For each claim and allowance of a credit for a property
67 19 unit, the county auditor shall calculate the average of all
67 20 consolidated levy rates applicable to the several parcels
67 21 within the property unit. All claims for credit which have
67 22 been allowed by the board of supervisors, the actual value of
67 23 the improvements to such parcels and property units applicable
67 24 to the fiscal year for which the credit is claimed that are
67 25 subject to assessment and taxation prior to imposition of any
67 26 applicable assessment limitation, the consolidated levy rates
67 27 for such parcels and the average consolidated levy rates for
67 28 such property units applicable to the fiscal year for which the
67 29 credit is claimed, and the taxing districts in which the parcel
67 30 or property unit is located, shall be certified on or before
67 31 June 15, in each year, by the county auditor to the department.
67 32 7. The assessor shall maintain a permanent file of current
67 33 business property tax credits. The assessor shall file a
67 34 notice of transfer of property for which a credit has been
67 35 allowed when notice is received from the office of the county
68 1 recorder, from the person who sold or transferred the property,
68 2 or from the personal representative of a deceased property
68 3 owner. The county recorder shall give notice to the assessor
68 4 of each transfer of title filed in the recorder's office. The
68 5 notice from the county recorder shall describe the property
68 6 transferred, the name of the person transferring title to the
68 7 property, and the name of the person to whom title to the
68 8 property has been transferred.
68 9 Sec. 150. NEW SECTION. 426C.4 Eligibility and amount of
68 10 credit.
68 11 1. Each parcel classified and taxed as commercial property,
68 12 industrial property, or railway property under chapter 434,
68 13 and improved with permanent construction, is eligible for a
68 14 credit under this chapter. A person may claim and receive one
68 15 credit under this chapter for each eligible parcel unless the
68 16 parcel is part of a property unit. A person may only claim and
68 17 receive one credit under this chapter for each property unit.
68 18 A credit approved for a property unit shall be allocated to the
68 19 several parcels within the property unit in the proportion that
68 20 each parcel's total amount of property taxes due and payable
68 21 attributable to the improvements bears to the total amount of
68 22 property taxes due and payable attributable to the improvements
68 23 for the property unit. Only property units comprised of
68 24 commercial property, comprised of industrial property, or
68 25 comprised of railway property under chapter 434 are eligible
68 26 for a credit under this chapter.
68 27 2. Using the actual value of the improvements and the
68 28 consolidated levy rate for each parcel or the average
68 29 consolidated levy rate for each property unit, as certified
68 30 by the county auditor to the department under section 426C.3,
68 31 subsection 6, the department shall calculate, for each fiscal
68 32 year, an initial amount of actual value of improvements for
68 33 use in determining the amount of the credit for each such
68 34 parcel or property unit so as to provide the maximum possible
68 35 credit according to the credit formula and limitations under
69 1 subsection 3, and to provide a total dollar amount of credits
69 2 against the taxes due and payable in the fiscal year equal to
69 3 ninety=eight percent of the moneys in the fund following the
69 4 deposit of the total appropriation for the fiscal year.
69 5 3. a. The amount of the credit for each parcel or property
69 6 unit for which a claim for credit under this chapter has
69 7 been approved shall be calculated under paragraph "b" using
69 8 the lesser of the initial amount of actual value of the
69 9 improvements determined by the department under subsection
69 10 2, and the actual value of the improvements to the parcel or
69 11 property unit as certified by the county auditor under section
69 12 426C.3, subsection 6.
69 13 b. The amount of the credit for each parcel or property
69 14 unit for which a claim for credit under this chapter has
69 15 been approved shall be equal to the amount of actual value
69 16 determined under paragraph "a" multiplied by the difference,
69 17 stated as a percentage, between the assessment limitation
69 18 applicable to the parcel or property unit under section 441.21,
69 19 subsection 5, and the assessment limitation applicable to
69 20 residential property under section 441.21, subsection 4,
69 21 divided by one thousand dollars, and then multiplied by the
69 22 consolidated levy rate or average consolidated levy rate per
69 23 one thousand dollars of taxable value applicable to the parcel
69 24 or property unit for the fiscal year for which the credit
69 25 is claimed as certified by the county auditor under section
69 26 426C.3, subsection 6.
69 27 Sec. 151. NEW SECTION. 426C.5 Payment to counties.
69 28 1. Annually the department shall certify to the county
69 29 auditor of each county the amounts of the business property
69 30 tax credits allowed in the county. Each county auditor shall
69 31 then enter the credits against the tax levied on each eligible
69 32 parcel or property unit in the county, designating on the tax
69 33 lists the credit as being from the fund. Each taxing district
69 34 shall receive its share of the business property tax credit
69 35 allowed on each eligible parcel or property unit in such taxing
70 1 district, in the proportion that the levy made by such taxing
70 2 district upon the parcel or property unit bears to the total
70 3 levy upon the parcel or property unit by all taxing districts
70 4 imposing a property tax in such taxing district. However, the
70 5 several taxing districts shall not draw the moneys so credited
70 6 until after the semiannual allocations have been received by
70 7 the county treasurer, as provided in this section. Each county
70 8 treasurer shall show on each tax receipt the amount of credit
70 9 received from the fund.
70 10 2. The director of the department of administrative
70 11 services shall issue warrants on the fund payable to the county
70 12 treasurers of the several counties of the state under this
70 13 chapter.
70 14 3. The amount due each county shall be paid in two payments
70 15 on November 15 and March 15 of each fiscal year, drawn upon
70 16 warrants payable to the respective county treasurers. The two
70 17 payments shall be as nearly equal as possible.
70 18 Sec. 152. NEW SECTION. 426C.6 Appeals.
70 19 1. If the board of supervisors disallows a claim for credit
70 20 under section 426C.3, subsection 5, the board of supervisors
70 21 shall send written notice, by mail, to the claimant at the
70 22 claimant's last known address. The notice shall state the
70 23 reasons for disallowing the claim for the credit. The board
70 24 of supervisors is not required to send notice that a claim for
70 25 credit is disallowed if the claimant voluntarily withdraws the
70 26 claim. Any person whose claim is denied under the provisions
70 27 of this chapter may appeal from the action of the board of
70 28 supervisors to the district court of the county in which the
70 29 parcel or property unit is located by giving written notice
70 30 of such appeal to the county auditor within twenty days from
70 31 the date of mailing of notice of such action by the board of
70 32 supervisors.
70 33 2. If any claim for credit has been denied by the board
70 34 of supervisors, and such action is subsequently reversed on
70 35 appeal, the credit shall be allowed on the applicable parcel
71 1 or property unit, and the director of revenue, the county
71 2 auditor, and the county treasurer shall provide the credit and
71 3 change their books and records accordingly. In the event the
71 4 appealing taxpayer has paid one or both of the installments of
71 5 the tax payable in the year or years in question, remittance
71 6 shall be made to such taxpayer of the amount of such credit.
71 7 The amount of such credit awarded on appeal shall be allocated
71 8 and paid from the balance remaining in the fund.
71 9 Sec. 153. NEW SECTION. 426C.7 Audit ==== denial.
71 10 1. If on the audit of a credit provided under this chapter,
71 11 the director of revenue determines the amount of the credit
71 12 to have been incorrectly calculated or that the credit is
71 13 not allowable, the director shall recalculate the credit and
71 14 notify the taxpayer and the county auditor of the recalculation
71 15 or denial and the reasons for it. The director shall not
71 16 adjust a credit after three years from October 31 of the year
71 17 in which the claim for the credit was filed. If the credit
71 18 has been paid, the director shall give notification to the
71 19 taxpayer, the county treasurer, and the applicable assessor
71 20 of the recalculation or denial of the credit and the county
71 21 treasurer shall proceed to collect the tax owed in the same
71 22 manner as other property taxes due and payable are collected,
71 23 if the parcel or property unit for which the credit was allowed
71 24 is still owned by the taxpayer. If the parcel or property unit
71 25 for which the credit was allowed is not owned by the taxpayer,
71 26 the amount may be recovered from the taxpayer by assessment in
71 27 the same manner that income taxes are assessed under sections
71 28 422.26 and 422.30. The amount of such erroneous credit, when
71 29 collected, shall be deposited in the fund.
71 30 2. The taxpayer or board of supervisors may appeal any
71 31 decision of the director of revenue to the state board of tax
71 32 review pursuant to section 421.1, subsection 5. The taxpayer,
71 33 the board of supervisors, or the director of revenue may seek
71 34 judicial review of the action of the state board of tax review
71 35 in accordance with chapter 17A.
72 1 Sec. 154. NEW SECTION. 426C.8 False claim ==== penalty.
72 2 A person who makes a false claim for the purpose of obtaining
72 3 a credit provided for in this chapter or who knowingly receives
72 4 the credit without being legally entitled to it is guilty of a
72 5 fraudulent practice. The claim for a credit of such a person
72 6 shall be disallowed and if the credit has been paid the amount
72 7 shall be recovered in the manner provided in section 426C.7.
72 8 In such cases, the director of revenue shall send a notice of
72 9 disallowance of the credit.
72 10 Sec. 155. NEW SECTION. 426C.9 Rules.
72 11 The director of revenue shall prescribe forms, instructions,
72 12 and rules pursuant to chapter 17A, as necessary, to carry out
72 13 the purposes of this chapter.
72 14 Sec. 156. IMPLEMENTATION. Notwithstanding the deadline
72 15 for filing claims established in section 426C.3, for a credit
72 16 against property taxes due and payable during the fiscal year
72 17 beginning July 1, 2012, the claim for the credit shall be filed
72 18 not later than January 15, 2012.
72 19 Sec. 157. APPLICABILITY. This division of this Act applies
72 20 to property taxes due and payable in fiscal years beginning on
72 21 or after July 1, 2012.
72 22 DIVISION XIX
72 23 COUNTY AND CITY BUDGET LIMITATION
72 24 Sec. 158. Section 28M.5, subsection 2, Code 2011, is amended
72 25 to read as follows:
72 26 2. If a regional transit district budget allocates
72 27 revenue responsibilities to the board of supervisors of a
72 28 participating county, the amount of the regional transit
72 29 district levy that is the responsibility of the participating
72 30 county shall be deducted from the maximum rates amount of taxes
72 31 authorized to be levied by the county pursuant to section
72 32 331.423, subsections 1 and 2 subsection 3, paragraphs "b"
72 33 and "c", as applicable, unless the county meets its revenue
72 34 responsibilities as allocated in the budget from other
72 35 available revenue sources. However, for a regional transit
73 1 district that includes a county with a population of less than
73 2 three hundred thousand, the amount of the regional transit
73 3 district levy that is the responsibility of such participating
73 4 county shall be deducted from the maximum rate amount of taxes
73 5 authorized to be levied by the county pursuant to section
73 6 331.423, subsection 1 3, paragraph "b".
73 7 Sec. 159. Section 331.263, subsection 2, Code 2011, is
73 8 amended to read as follows:
73 9 2. The governing body of the community commonwealth
73 10 shall have the authority to levy county taxes and shall
73 11 have the authority to levy city taxes to the extent the
73 12 city tax levy authority is transferred by the charter to
73 13 the community commonwealth. A city participating in the
73 14 community commonwealth shall transfer a portion of the
73 15 city's tax levy authorized under section 384.1 or 384.12,
73 16 whichever is applicable, to the governing body of the community
73 17 commonwealth. The maximum rates amount of taxes authorized to
73 18 be levied under sections section 384.1 and the maximum amount
73 19 of taxes authorized to be levied under section 384.12 by a city
73 20 participating in the community commonwealth shall be reduced
73 21 by an amount equal to the rates of the same or similar taxes
73 22 levied in the city by the governing body of the community
73 23 commonwealth.
73 24 Sec. 160. Section 331.421, Code 2011, is amended by adding
73 25 the following new subsection:
73 26 NEW SUBSECTION. 7A. "Item" means a budgeted expenditure,
73 27 appropriation, or cash reserve from a fund for a service area,
73 28 program, program element, or purpose.
73 29 Sec. 161. Section 331.423, Code 2011, is amended by striking
73 30 the section and inserting in lieu thereof the following:
73 31 331.423 Property tax dollars ==== basic levy maximums.
73 32 1. Annually, the board shall determine separate property
73 33 tax levy limits to pay for general county services and rural
73 34 county services in accordance with this section. The basic
73 35 levies separately certified for general county services and
74 1 rural county services under section 331.434 shall not raise
74 2 property tax dollars that exceed the amount determined under
74 3 this section.
74 4 2. For purposes of this section and section 331.423B, unless
74 5 the context otherwise requires:
74 6 a. "Annual growth factor" means an index, expressed as
74 7 a percentage, determined by the department of management by
74 8 November 1 of the calendar year preceding the calendar year in
74 9 which the budget year begins. In determining the annual growth
74 10 factor, the department shall calculate the average of the
74 11 preceding three=year percentage change, which shall be computed
74 12 on an annual basis, in the midwest consumer price index, ending
74 13 with the percentage change for the month of September. The
74 14 department shall then add that average percentage change to one
74 15 hundred percent.
74 16 b. "Boundary adjustment" means annexation, severance,
74 17 incorporation, or discontinuance as those terms are defined in
74 18 section 368.1.
74 19 c. "Budget year" is the fiscal year beginning during the
74 20 calendar year in which a budget is certified.
74 21 d. "Current fiscal year" is the fiscal year ending during
74 22 the calendar year in which a budget is certified.
74 23 e. "Net new valuation taxes" means the amount of property
74 24 tax dollars equal to the current fiscal year's basic levy rate
74 25 in the county for general county services or for rural county
74 26 services, as applicable, multiplied by the increase from the
74 27 current fiscal year to the budget year in taxable valuation due
74 28 to the following:
74 29 (1) Net new construction, including all incremental
74 30 valuation that is released in any one year from a division of
74 31 revenue under section 260E.4 or an urban renewal area for which
74 32 taxes were being divided under section 403.19, regardless of
74 33 whether the property for the valuation being released remains
74 34 subject to the division of revenue under section 260E.4 or
74 35 remains part of the urban renewal area that is subject to
75 1 a division of revenue under section 403.19. The amount of
75 2 property tax dollars attributable to such incremental valuation
75 3 being released from a division of revenue shall be subtracted
75 4 from the maximum amount of property tax dollars which may
75 5 be certified for the next following fiscal year if such
75 6 incremental valuation is not released for the next following
75 7 fiscal year.
75 8 (2) Additions or improvements to existing structures.
75 9 (3) Remodeling of existing structures for which a building
75 10 permit is required.
75 11 (4) Net boundary adjustment.
75 12 (5) A municipality no longer dividing tax revenues in an
75 13 urban renewal area as provided in section 403.19 or a community
75 14 college no longer dividing revenues as provided in section
75 15 260E.4.
75 16 (6) That portion of taxable property located in an urban
75 17 revitalization area on which an exemption was allowed and such
75 18 exemption has expired.
75 19 f. "Unfunded federal and state mandate cost growth" means an
75 20 amount of increased expenditures for a county from the previous
75 21 fiscal year, to the extent such expenditures are not funded by
75 22 the county's supplemental levy under section 331.424, resulting
75 23 from any of the following:
75 24 (1) A federal statutory requirement or appropriation
75 25 that requires the county to establish, expand, or modify its
75 26 activities in a manner which necessitates additional annual
75 27 expenditures and for which insufficient funding is provided to
75 28 the county to satisfy such requirements.
75 29 (2) A state mandate as defined in section 25B.3, and for
75 30 which insufficient funding is provided to the county to satisfy
75 31 the requirements of the state mandate.
75 32 3. a. For the fiscal year beginning July 1, 2013, and
75 33 subsequent fiscal years, the maximum amount of property tax
75 34 dollars which may be certified for levy by a county for general
75 35 county services and rural county services shall be the maximum
76 1 property tax dollars calculated under paragraphs "b" and "c",
76 2 respectively.
76 3 b. The maximum property tax dollars that may be levied for
76 4 general county services is an amount equal to the sum of the
76 5 following:
76 6 (1) The annual growth factor times the current fiscal year's
76 7 maximum property tax dollars for general county services.
76 8 (2) The amount of net new valuation taxes in the county.
76 9 (3) The unfunded federal and state mandate cost growth minus
76 10 the amount specified in paragraph "c", subparagraph (3).
76 11 c. The maximum property tax dollars that may be levied for
76 12 rural county services is an amount equal to the sum of the
76 13 following:
76 14 (1) The annual growth factor times the current fiscal year's
76 15 maximum property tax dollars for rural county services.
76 16 (2) The amount of net new valuation taxes in the
76 17 unincorporated area of the county.
76 18 (3) The unfunded federal and state mandate cost growth
76 19 attributable to the costs incurred by the county for rural
76 20 county services.
76 21 4. a. For purposes of calculating maximum property tax
76 22 dollars for general county services for the fiscal year
76 23 beginning July 1, 2013, only, the term "current fiscal year's
76 24 maximum property tax dollars" shall mean the total amount of
76 25 property tax dollars certified by the county for general county
76 26 services for the fiscal year beginning July 1, 2012, excluding
76 27 those property tax dollars that resulted from a supplemental
76 28 levy under section 331.424, subsection 1.
76 29 b. For purposes of calculating maximum property tax dollars
76 30 for rural county services for the fiscal year beginning July
76 31 1, 2013, only, the term "current fiscal year's maximum property
76 32 tax dollars" shall mean the total amount of property tax dollars
76 33 certified by the county for rural county services for the
76 34 fiscal year beginning July 1, 2012, excluding those property
76 35 tax dollars that resulted from a supplemental levy under
77 1 section 331.424, subsection 2.
77 2 5. Property taxes certified under section 331.424, property
77 3 taxes certified for deposit in the mental health, mental
77 4 retardation, and developmental disabilities services fund in
77 5 section 331.424A, for the emergency services fund in section
77 6 331.424C, for the debt service fund in section 331.430, for any
77 7 capital projects fund established by the county for deposit of
77 8 bond, loan, or note proceeds, and for any temporary increase
77 9 approved pursuant to section 331.423C, are not included in the
77 10 maximum amount of property tax dollars that may be certified
77 11 for a budget year under subsection 3.
77 12 6. The department of management, in consultation with the
77 13 county finance committee, shall adopt rules to administer this
77 14 section. The department shall prescribe forms to be used by
77 15 counties when making calculations required by this section.
77 16 Sec. 162. NEW SECTION. 331.423B Ending fund balance.
77 17 1. a. Budgeted ending fund balances for a budget year
77 18 in excess of twenty=five percent of budgeted expenditures in
77 19 either the general fund or rural services fund for that budget
77 20 year shall be explicitly committed or assigned for a specific
77 21 purpose.
77 22 b. A county is encouraged, but not required, to reduce
77 23 budgeted, uncommitted, or unassigned ending fund balances for
77 24 the budget year to an amount equal to approximately twenty=five
77 25 percent of budgeted expenditures and transfers from the general
77 26 fund and rural services fund for that budget year unless a
77 27 decision is certified by the state appeal board ordering a
77 28 reduction in the ending fund balance of any of those funds.
77 29 c. In a protest to the county budget under section 331.436,
77 30 the county shall have the burden of proving that the budgeted
77 31 balances in excess of twenty=five percent are reasonably likely
77 32 to be appropriated for the explicitly committed or assigned
77 33 specific purpose. The excess budgeted balance for the specific
77 34 purpose shall be considered an increase in an item in the
77 35 budget for purposes of section 24.28.
78 1 2. a. For a county that has, as of June 30, 2012, reduced
78 2 its actual ending fund balance to less than twenty=five
78 3 percent of actual expenditures, additional property taxes may
78 4 be computed and levied as provided in this subsection. The
78 5 additional property tax levy amount is an amount not to exceed
78 6 twenty=five percent of actual expenditures from the general
78 7 fund and rural services fund for the fiscal year beginning July
78 8 1, 2011, minus the combined ending fund balances for those
78 9 funds for that year.
78 10 b. The amount of the additional property taxes shall be
78 11 apportioned between the general fund and the rural services
78 12 fund. However, the amount apportioned for general county
78 13 services and for rural county services shall not exceed for
78 14 each fund twenty=five percent of actual expenditures for the
78 15 fiscal year beginning July 1, 2011.
78 16 c. All or a portion of additional property tax dollars
78 17 may be levied for the purpose of increasing cash reserves
78 18 for general county services and rural county services in the
78 19 budget year. The additional property tax dollars authorized
78 20 under this subsection but not levied may be carried forward as
78 21 unused ending fund balance taxing authority until and for the
78 22 fiscal year beginning July 1, 2018. The amount carried forward
78 23 shall not exceed twenty=five percent of the maximum amount of
78 24 property tax dollars available in the current fiscal year.
78 25 Additionally, property taxes that are levied as unused ending
78 26 fund balance taxing authority under this subsection may be the
78 27 subject of a protest under section 331.436, and the amount
78 28 will be considered an increase in an item in the budget for
78 29 purposes of section 24.28. The amount of additional property
78 30 taxes levied under this subsection shall not be included in the
78 31 computation of the maximum amount of property tax dollars which
78 32 may be certified and levied under section 331.423.
78 33 Sec. 163. NEW SECTION. 331.423C Authority to levy beyond
78 34 maximum property tax dollars.
78 35 1. The board may certify additions to the maximum amount
79 1 of property tax dollars to be levied for a budget year if the
79 2 county conducts a second public hearing prior to certification
79 3 of the budget to the county auditor, in addition to the hearing
79 4 held as required under section 331.434. The second public
79 5 hearing shall be conducted in the same manner as the public
79 6 hearing on the budget required in section 331.434.
79 7 2. The amount of additional property tax dollars certified
79 8 under this section shall not be included in the computation
79 9 of the maximum amount of property tax dollars which may be
79 10 certified and levied under section 331.423 for future budget
79 11 years.
79 12 Sec. 164. Section 331.424, unnumbered paragraph 1, Code
79 13 2011, is amended to read as follows:
79 14 To the extent that the basic levies authorized under section
79 15 331.423 are insufficient to meet the county's needs for the
79 16 following services, the board may certify supplemental levies
79 17 as follows:
79 18 Sec. 165. Section 331.424A, subsection 4, Code 2011, is
79 19 amended to read as follows:
79 20 4. For the fiscal year beginning July 1, 1996, and for each
79 21 subsequent fiscal year, the county shall certify a levy for
79 22 payment of services. For each fiscal year, county revenues
79 23 from taxes imposed by the county credited to the services fund
79 24 shall not exceed an amount equal to the amount of base year
79 25 expenditures for services as defined in section 331.438, less
79 26 the amount of property tax relief to be received pursuant to
79 27 section 426B.2, in the fiscal year for which the budget is
79 28 certified. The county auditor and the board of supervisors
79 29 shall reduce the amount of the levy certified for the services
79 30 fund by the amount of property tax relief to be received. A
79 31 levy certified under this section is not subject to the appeal
79 32 provisions of section 331.426 or to any other provision in law
79 33 authorizing a county to exceed, increase, or appeal a property
79 34 tax levy limit.
79 35 Sec. 166. Section 331.434, subsection 1, Code 2011, is
80 1 amended to read as follows:
80 2 1. The budget shall show the amount required for each class
80 3 of proposed expenditures, a comparison of the amounts proposed
80 4 to be expended with the amounts expended for like purposes for
80 5 the two preceding years, the revenues from sources other than
80 6 property taxation, and the amount to be raised by property
80 7 taxation, in the detail and form prescribed by the director
80 8 of the department of management. For each county that has
80 9 established an urban renewal area, the budget shall include
80 10 estimated and actual tax increment financing revenues and all
80 11 estimated and actual expenditures of the revenues, proceeds
80 12 from debt and all estimated and actual expenditures of the
80 13 debt proceeds, and identification of any entity receiving a
80 14 direct payment of taxes funded by tax increment financing
80 15 revenues and shall include the total amount of loans, advances,
80 16 indebtedness, or bonds outstanding at the close of the most
80 17 recently ended fiscal year, which qualify for payment from the
80 18 special fund created in section 403.19, including interest
80 19 negotiated on such loans, advances, indebtedness, or bonds.
80 20 For purposes of this subsection, "indebtedness" includes
80 21 written agreements whereby the county agrees to suspend, abate,
80 22 exempt, rebate, refund, or reimburse property taxes, provide
80 23 a grant for property taxes paid, or make a direct payment
80 24 of taxes, with moneys in the special fund. The amount of
80 25 loans, advances, indebtedness, or bonds shall be listed in
80 26 the aggregate for each county reporting. The county finance
80 27 committee, in consultation with the department of management
80 28 and the legislative services agency, shall determine reporting
80 29 criteria and shall prepare a form for reports filed with the
80 30 department pursuant to this section. The department shall make
80 31 the information available by electronic means.
80 32 Sec. 167. Section 373.10, Code 2011, is amended to read as
80 33 follows:
80 34 373.10 Taxing authority.
80 35 The metropolitan council shall have the authority to
81 1 levy city taxes to the extent the city tax levy authority
81 2 is transferred by the charter to the metropolitan council.
81 3 A member city shall transfer a portion of the city's tax
81 4 levy authorized under section 384.1 or 384.12, whichever is
81 5 applicable, to the metropolitan council. The maximum rates
81 6 amount of taxes authorized to be levied under sections section
81 7 384.1 and the taxes authorized to be levied under
81 8 section384.12 by a member city shall be reduced by an amount
81 9 equal to the rates of the same or similar taxes levied in the
81 10 city by the metropolitan council.
81 11 Sec. 168. Section 384.1, Code 2011, is amended by striking
81 12 the section and inserting in lieu thereof the following:
81 13 384.1 Property tax dollars ==== maximums.
81 14 1. A city shall certify taxes to be levied by the city
81 15 on all taxable property within the city limits, for all city
81 16 government purposes. Annually, the city council may certify
81 17 basic levies for city government purposes, subject to the
81 18 limitation on property tax dollars provided in this section.
81 19 2. For purposes of this section and section 384.1B, unless
81 20 the context otherwise requires:
81 21 a. "Annual growth factor" means an index, expressed as
81 22 a percentage, determined by the department of management by
81 23 November 1 of the calendar year preceding the calendar year in
81 24 which the budget year begins. In determining the annual growth
81 25 factor, the department shall calculate the average of the
81 26 preceding three=year percentage change, which shall be computed
81 27 on an annual basis, in the midwest consumer price index, ending
81 28 with the percentage change for the month of September. The
81 29 department shall then add that average percentage change to one
81 30 hundred percent.
81 31 b. "Boundary adjustment" means annexation, severance,
81 32 incorporation, or discontinuance as those terms are defined in
81 33 section 368.1.
81 34 c. "Budget year" is the fiscal year beginning during the
81 35 calendar year in which a budget is certified.
82 1 d. "Current fiscal year" is the fiscal year ending during
82 2 the calendar year in which a budget is certified.
82 3 e. "Net new valuation taxes" means the amount of property
82 4 tax dollars equal to the current fiscal year's levy rate in the
82 5 city for the general fund multiplied by the increase from the
82 6 current fiscal year to the budget year in taxable valuation due
82 7 to the following:
82 8 (1) Net new construction, including all incremental
82 9 valuation that is released in any one year from a division of
82 10 revenue under section 260E.4 or an urban renewal area for which
82 11 taxes were being divided under section 403.19, regardless of
82 12 whether the property for the valuation being released remains
82 13 subject to the division of revenue under section 260E.4 or
82 14 remains part of the urban renewal area that is subject to
82 15 a division of revenue under section 403.19. The amount of
82 16 property tax dollars attributable to such incremental valuation
82 17 being released from a division of revenue shall be subtracted
82 18 from the maximum amount of property tax dollars which may
82 19 be certified for the next following fiscal year if such
82 20 incremental valuation is not released for the next following
82 21 fiscal year.
82 22 (2) Additions or improvements to existing structures.
82 23 (3) Remodeling of existing structures for which a building
82 24 permit is required.
82 25 (4) Net boundary adjustment.
82 26 (5) A municipality no longer dividing tax revenues in an
82 27 urban renewal area as provided in section 403.19 or a community
82 28 college no longer dividing revenues as provided in section
82 29 260E.4.
82 30 (6) That portion of taxable property located in an urban
82 31 revitalization area on which an exemption was allowed and such
82 32 exemption has expired.
82 33 f. "Unfunded federal and state mandate cost growth" means an
82 34 amount of increased expenditures for a city from the previous
82 35 fiscal year resulting from any of the following:
83 1 (1) A federal statutory requirement or appropriation
83 2 that requires the city to establish, expand, or modify its
83 3 activities in a manner which necessitates additional annual
83 4 expenditures and for which insufficient funding is provided to
83 5 the city to satisfy such requirements.
83 6 (2) A state mandate as defined in section 25B.3, and for
83 7 which insufficient funding is provided to the city to satisfy
83 8 the requirements of the state mandate.
83 9 3. a. For the fiscal year beginning July 1, 2013, and
83 10 subsequent fiscal years, the maximum amount of property
83 11 tax dollars which may be certified for levy by a city for
83 12 the general fund shall be the maximum property tax dollars
83 13 calculated under paragraph "b".
83 14 b. The maximum property tax dollars that may be levied for
83 15 deposit in the general fund is an amount equal to the sum of the
83 16 following:
83 17 (1) The annual growth factor times the current fiscal year's
83 18 maximum property tax dollars for the general fund.
83 19 (2) The amount of net new valuation taxes in the city.
83 20 (3) The unfunded federal and state mandate cost growth.
83 21 4. For purposes of calculating maximum property tax dollars
83 22 for the city general fund for the fiscal year beginning July
83 23 1, 2013, only, the term "current fiscal year's maximum property
83 24 tax dollars" shall mean the total amount of property tax dollars
83 25 certified by the city for the city's general fund for the
83 26 fiscal year beginning July 1, 2012.
83 27 5. Property taxes certified for deposit in the debt service
83 28 fund in section 384.4, trust and agency funds in section
83 29 384.6, capital improvements reserve fund in section 384.7,
83 30 the emergency fund in section 384.8, any capital projects
83 31 fund established by the city for deposit of bond, loan, or
83 32 note proceeds, any temporary increase approved pursuant to
83 33 section 384.12A, property taxes collected from a voted levy in
83 34 section 384.12, and property taxes levied under section 384.12,
83 35 subsection 18, are not counted against the maximum amount of
84 1 property tax dollars that may be certified for a fiscal year
84 2 under subsection 3.
84 3 6. Notwithstanding the maximum amount of taxes a city
84 4 may certify for levy, the tax levied by a city on tracts of
84 5 land and improvements on the tracts of land used and assessed
84 6 for agricultural or horticultural purposes shall not exceed
84 7 three dollars and three=eighths cents per thousand dollars
84 8 of assessed value in any year. Improvements located on such
84 9 tracts of land and not used for agricultural or horticultural
84 10 purposes and all residential dwellings are subject to the same
84 11 rate of tax levied by the city on all other taxable property
84 12 within the city.
84 13 7. The department of management, in consultation with the
84 14 city finance committee, shall adopt rules to administer this
84 15 section. The department shall prescribe forms to be used by
84 16 cities when making calculations required by this section.
84 17 Sec. 169. NEW SECTION. 384.1B Ending fund balance.
84 18 1. a. Budgeted general fund ending fund balances for
84 19 a budget year in excess of twenty=five percent of budgeted
84 20 expenditures from the general fund for that budget year shall
84 21 be explicitly committed or assigned for a specific purpose.
84 22 b. A city is encouraged, but not required, to reduce
84 23 budgeted, uncommitted, or unassigned ending fund balances for
84 24 the budget year to an amount equal to approximately twenty=five
84 25 percent of budgeted expenditures and transfers from the general
84 26 fund for that budget year unless a decision is certified by
84 27 the state appeal board ordering a reduction in the ending fund
84 28 balance of the fund.
84 29 c. In a protest to the city budget under section 384.19,
84 30 the city shall have the burden of proving that the budgeted
84 31 balances in excess of twenty=five percent are reasonably likely
84 32 to be appropriated for the explicitly committed or assigned
84 33 specific purpose. The excess budgeted balance for the specific
84 34 purpose shall be considered an increase in an item in the
84 35 budget for purposes of section 24.28.
85 1 2. a. For a city that has, as of June 30, 2012, reduced its
85 2 ending fund balance to less than twenty=five percent of actual
85 3 expenditures, additional property taxes may be computed and
85 4 levied as provided in this subsection. The additional property
85 5 tax levy amount is an amount not to exceed the difference
85 6 between twenty=five percent of actual expenditures for city
85 7 government purposes for the fiscal year beginning July 1, 2011,
85 8 minus the ending fund balance for that year.
85 9 b. All or a portion of additional property tax dollars
85 10 may be levied for the purpose of increasing cash reserves for
85 11 city government purposes in the budget year. The additional
85 12 property tax dollars authorized under this subsection but not
85 13 levied may be carried forward as unused ending fund balance
85 14 taxing authority until and for the fiscal year beginning
85 15 July 1, 2018. The amount carried forward shall not exceed
85 16 twenty=five percent of the maximum amount of property tax
85 17 dollars available in the current fiscal year. Additionally,
85 18 property taxes that are levied as unused ending fund balance
85 19 taxing authority under this subsection may be the subject of a
85 20 protest under section 384.19, and the amount will be considered
85 21 an increase in an item in the budget for purposes of section
85 22 24.28. The amount of additional property tax dollars levied
85 23 under this subsection shall not be included in the computation
85 24 of the maximum amount of property tax dollars which may be
85 25 certified and levied under section 384.1.
85 26 Sec. 170. Section 384.12, unnumbered paragraph 1, Code
85 27 2011, is amended by striking the unnumbered paragraph and
85 28 inserting in lieu thereof the following:
85 29 A city may certify taxes for deposit in the general fund,
85 30 subject to the limit provided in section 384.1 if applicable,
85 31 which are in addition to any other moneys the city may wish to
85 32 spend for such purposes, as follows:
85 33 Sec. 171. Section 384.12, subsection 20, Code 2011, is
85 34 amended by striking the subsection.
85 35 Sec. 172. NEW SECTION. 384.12A Authority to levy beyond
86 1 maximum property tax dollars.
86 2 1. The city council may certify additions to the maximum
86 3 amount of property tax dollars to be levied for a budget
86 4 year if the city conducts a second public hearing prior to
86 5 certification of the budget to the county auditor, in addition
86 6 to the hearing held as required under section 384.16. The
86 7 second public hearing shall be conducted in the same manner as
86 8 the public hearing on the budget required in section 384.16.
86 9 2. The amount of additional property tax dollars certified
86 10 under this section shall not be included in the computation
86 11 of the maximum amount of property tax dollars which may be
86 12 certified and levied under section 384.1 for future budget
86 13 years.
86 14 Sec. 173. Section 384.16, subsection 1, paragraph b, Code
86 15 2011, is amended to read as follows:
86 16 b. A budget must show comparisons between the estimated
86 17 expenditures in each program in the following year, the latest
86 18 estimated expenditures in each program in the current year,
86 19 and the actual expenditures in each program from the annual
86 20 report as provided in section 384.22, or as corrected by a
86 21 subsequent audit report. Wherever practicable, as provided in
86 22 rules of the committee, a budget must show comparisons between
86 23 the levels of service provided by each program as estimated for
86 24 the following year, and actual levels of service provided by
86 25 each program during the two preceding years. For each city
86 26 that has established an urban renewal area, the budget shall
86 27 include estimated and actual tax increment financing revenues
86 28 and all estimated and actual expenditures of the revenues,
86 29 proceeds from debt and all estimated and actual expenditures of
86 30 the debt proceeds, and identification of any entity receiving
86 31 a direct payment of taxes funded by tax increment financing
86 32 revenues and shall include the total amount of loans, advances,
86 33 indebtedness, or bonds outstanding at the close of the most
86 34 recently ended fiscal year, which qualify for payment from the
86 35 special fund created in section 403.19, including interest
87 1 negotiated on such loans, advances, indebtedness, or bonds.
87 2 The amount of loans, advances, indebtedness, or bonds shall
87 3 be listed in the aggregate for each city reporting. The city
87 4 finance committee, in consultation with the department of
87 5 management and the legislative services agency, shall determine
87 6 reporting criteria and shall prepare a form for reports filed
87 7 with the department pursuant to this section. The department
87 8 shall make the information available by electronic means.
87 9 Sec. 174. Section 384.19, Code 2011, is amended by adding
87 10 the following new unnumbered paragraph:
87 11 NEW UNNUMBERED PARAGRAPH For purposes of a tax protest
87 12 filed under this section, "item" means a budgeted expenditure,
87 13 appropriation, or cash reserve from a fund for a service area,
87 14 program, program element, or purpose.
87 15 Sec. 175. Section 386.8, Code 2011, is amended to read as
87 16 follows:
87 17 386.8 Operation tax.
87 18 A city may establish a self=supported improvement district
87 19 operation fund, and may certify taxes not to exceed the
87 20 rate limitation as established in the ordinance creating the
87 21 district, or any amendment thereto, each year to be levied
87 22 for the fund against all of the property in the district,
87 23 for the purpose of paying the administrative expenses of
87 24 the district, which may include but are not limited to
87 25 administrative personnel salaries, a separate administrative
87 26 office, planning costs including consultation fees, engineering
87 27 fees, architectural fees, and legal fees and all other expenses
87 28 reasonably associated with the administration of the district
87 29 and the fulfilling of the purposes of the district. The taxes
87 30 levied for this fund may also be used for the purpose of paying
87 31 maintenance expenses of improvements or self=liquidating
87 32 improvements for a specified length of time with one or more
87 33 options to renew if such is clearly stated in the petition
87 34 which requests the council to authorize construction of the
87 35 improvement or self=liquidating improvement, whether or not
88 1 such petition is combined with the petition requesting creation
88 2 of a district. Parcels of property which are assessed as
88 3 residential property for property tax purposes are exempt from
88 4 the tax levied under this section except residential properties
88 5 within a duly designated historic district. A tax levied under
88 6 this section is not subject to the levy limitation in section
88 7 384.1.
88 8 Sec. 176. Section 386.9, Code 2011, is amended to read as
88 9 follows:
88 10 386.9 Capital improvement tax.
88 11 A city may establish a capital improvement fund for a
88 12 district and may certify taxes, not to exceed the rate
88 13 established by the ordinance creating the district, or any
88 14 subsequent amendment thereto, each year to be levied for
88 15 the fund against all of the property in the district, for
88 16 the purpose of accumulating moneys for the financing or
88 17 payment of a part or all of the costs of any improvement or
88 18 self=liquidating improvement. However, parcels of property
88 19 which are assessed as residential property for property tax
88 20 purposes are exempt from the tax levied under this section
88 21 except residential properties within a duly designated historic
88 22 district. A tax levied under this section is not subject to
88 23 the levy limitations in section 384.1 or 384.7.
88 24 Sec. 177. REPEAL. Sections 331.425 and 331.426, Code 2011,
88 25 are repealed.
88 26 Sec. 178. EFFECTIVE DATE AND APPLICABILITY. This division
88 27 of this Act takes effect July 1, 2012, and applies to fiscal
88 28 years beginning on or after July 1, 2013.
88 29 DIVISION XX
88 30 RESIDENTIAL PROPERTY ASSESSMENT LIMITATION
88 31 Sec. 179. Section 441.21, subsection 4, Code 2011, is
88 32 amended to read as follows:
88 33 4. For valuations established as of January 1, 1979,
88 34 the percentage of actual value at which agricultural and
88 35 residential property shall be assessed shall be the quotient
89 1 of the dividend and divisor as defined in this section. The
89 2 dividend for each class of property shall be the dividend
89 3 as determined for each class of property for valuations
89 4 established as of January 1, 1978, adjusted by the product
89 5 obtained by multiplying the percentage determined for that
89 6 year by the amount of any additions or deletions to actual
89 7 value, excluding those resulting from the revaluation of
89 8 existing properties, as reported by the assessors on the
89 9 abstracts of assessment for 1978, plus six percent of the
89 10 amount so determined. However, if the difference between the
89 11 dividend so determined for either class of property and the
89 12 dividend for that class of property for valuations established
89 13 as of January 1, 1978, adjusted by the product obtained by
89 14 multiplying the percentage determined for that year by the
89 15 amount of any additions or deletions to actual value, excluding
89 16 those resulting from the revaluation of existing properties,
89 17 as reported by the assessors on the abstracts of assessment
89 18 for 1978, is less than six percent, the 1979 dividend for the
89 19 other class of property shall be the dividend as determined for
89 20 that class of property for valuations established as of January
89 21 1, 1978, adjusted by the product obtained by multiplying
89 22 the percentage determined for that year by the amount of
89 23 any additions or deletions to actual value, excluding those
89 24 resulting from the revaluation of existing properties, as
89 25 reported by the assessors on the abstracts of assessment for
89 26 1978, plus a percentage of the amount so determined which is
89 27 equal to the percentage by which the dividend as determined
89 28 for the other class of property for valuations established
89 29 as of January 1, 1978, adjusted by the product obtained by
89 30 multiplying the percentage determined for that year by the
89 31 amount of any additions or deletions to actual value, excluding
89 32 those resulting from the revaluation of existing properties,
89 33 as reported by the assessors on the abstracts of assessment
89 34 for 1978, is increased in arriving at the 1979 dividend for
89 35 the other class of property. The divisor for each class of
90 1 property shall be the total actual value of all such property
90 2 in the state in the preceding year, as reported by the
90 3 assessors on the abstracts of assessment submitted for 1978,
90 4 plus the amount of value added to said total actual value by
90 5 the revaluation of existing properties in 1979 as equalized
90 6 by the director of revenue pursuant to section 441.49. The
90 7 director shall utilize information reported on abstracts of
90 8 assessment submitted pursuant to section 441.45 in determining
90 9 such percentage. For valuations established as of January 1,
90 10 1980, and each year thereafter, the percentage of actual value
90 11 as equalized by the director of revenue as provided in section
90 12 441.49 at which agricultural and residential property shall be
90 13 assessed shall be calculated in accordance with the methods
90 14 provided herein including the limitation of increases in
90 15 agricultural and residential assessed values to the percentage
90 16 increase of the other class of property if the other class
90 17 increases less than the allowable limit adjusted to include
90 18 the applicable and current values as equalized by the director
90 19 of revenue, except that any references to six percent in this
90 20 subsection shall be four percent. For valuations established
90 21 as of January 1, 2012, and each assessment year thereafter,
90 22 the percentage of actual value as equalized by the director
90 23 of revenue as provided in section 441.49 at which residential
90 24 property shall be assessed shall be calculated in accordance
90 25 with the methods provided herein including the limitation of
90 26 increases in agricultural and residential assessed values to
90 27 the percentage increase of the other class of property if the
90 28 other class increases less than the allowable limit adjusted to
90 29 include the applicable and current values as equalized by the
90 30 director of revenue, except that in no assessment year shall
90 31 the percentage of actual value at which residential property is
90 32 assessed be less than fifty percent.
90 33 DIVISION XXI
90 34 CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
90 35 Sec. 180. EFFECTIVE DATE AND RETROACTIVE
91 1 APPLICABILITY. Unless otherwise provided, this Act, if
91 2 approved by the governor on or after July 1, 2011, takes effect
91 3 upon enactment and applies retroactively to July 1, 2011.
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