House File 2465 - Introduced HOUSE FILE 2465 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 674) A BILL FOR An Act relating to state and local finances by making 1 and adjusting appropriations, providing for legal 2 responsibilities, and providing for properly related 3 matters, and including effective date and retroactive and 4 other applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6014HV (3) 84 tm/jp
H.F. 2465 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. GENERAL ASSEMBLY. The appropriations made 3 pursuant to section 2.12 for the expenses of the general 4 assembly and the legislative agencies for the fiscal year 5 beginning July 1, 2012, and ending June 30, 2013, are reduced 6 by the following amount: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,150,000 8 Sec. 2. 2011 Iowa Acts, chapter 131, section 42, is amended 9 to read as follows: 10 SEC. 42. LIMITATION OF STANDING APPROPRIATIONS. 11 Notwithstanding the standing appropriations in the following 12 designated sections for the fiscal year beginning July 1, 2012, 13 and ending June 30, 2013, the amounts appropriated from the 14 general fund of the state pursuant to these sections for the 15 following designated purposes shall not exceed the following 16 amounts: 17 1. For operational support grants and community cultural 18 grants under section 99F.11, subsection 3 , paragraph “d”, 19 subparagraph (1): 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 21 374,615 22 2. For regional tourism marketing under section 99F.11, 23 subsection 3 , paragraph “d”, subparagraph (2): 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 405,153 25 728,465 26 3. For the center for congenital and inherited disorders 27 central registry under section 144.13A, subsection 4 , paragraph 28 “a”: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85,560 30 153,838 31 4. For primary and secondary child abuse prevention 32 programs under section 144.13A, subsection 4 , paragraph “a”: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 108,886 34 195,777 35 -1- LSB 6014HV (3) 84 tm/jp 1/ 23
H.F. 2465 5. For programs for at-risk children under section 279.51 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,364,446 2 9,645,273 3 The amount of any reduction in this subsection shall be 4 prorated among the programs specified in section 279.51, 5 subsection 1 , paragraphs “a”, “b”, and “c”. 6 6. For payment for nonpublic school transportation under 7 section 285.2 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,060,931 9 If total approved claims for reimbursement for nonpublic 10 school pupil transportation exceed the amount appropriated in 11 accordance with this subsection, the department of education 12 shall prorate the amount of each approved claim. 13 7. For the enforcement of chapter 453D relating to tobacco 14 product manufacturers under section 453D.8 : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 16 16,556 17 8. For the Iowa resources enhancement and protection fund 18 under section 455A.18: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 20 DIVISION II 21 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 22 Sec. 3. TRANSFER OF MONEYS TO THE TAXPAYERS TRUST FUND 23 —— FY 2011-2012. Notwithstanding section 8.55, subsection 24 2, paragraph “a”, or any other provision to the contrary, 25 all moneys in excess of the maximum balance in the economic 26 emergency fund after the distribution of the surplus in the 27 general fund of the state at the conclusion of the fiscal year 28 beginning July 1, 2011, and ending June 30, 2012, shall be 29 transferred to the taxpayers trust fund created in section 30 8.57E. 31 Sec. 4. Section 97B.52A, subsection 1, paragraph c, 32 subparagraph (2), subparagraph division (b), Code 2011, is 33 amended to read as follows: 34 (b) For a member whose first month of entitlement is July 35 -2- LSB 6014HV (3) 84 tm/jp 2/ 23
H.F. 2465 2004 or later, but before July 2012 2014 , covered employment 1 does not include employment as a licensed health care 2 professional by a public hospital as defined in section 249J.3 , 3 with the exception of public hospitals governed pursuant to 4 chapter 226 . 5 Sec. 5. Section 256C.4, subsection 1, Code 2011, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . g. For the fiscal year beginning July 8 1, 2012, and each succeeding fiscal year, of the amount of 9 preschool foundation aid received by a school district for a 10 fiscal year in accordance with section 257.16, not less than 11 ninety-five percent shall be passed through to the preschool 12 programming to the eligible students enrolled in the district’s 13 approved local program. 14 Sec. 6. Section 257.35, subsection 7, Code Supplement 2011, 15 is amended to read as follows: 16 7. Notwithstanding subsection 1, and in addition to the 17 reduction applicable pursuant to subsection 2, the state aid 18 for area education agencies and the portion of the combined 19 district cost calculated for these agencies for the fiscal year 20 beginning July 1, 2012, and ending June 30, 2013, shall be 21 reduced by the department of management by ten twenty million 22 dollars. The reduction for each area education agency shall be 23 prorated based on the reduction that the agency received in the 24 fiscal year beginning July 1, 2003. 25 Sec. 7. Section 284.6, subsection 8, Code Supplement 2011, 26 is amended to read as follows: 27 8. a. For each year in which a school district and an 28 area education agency receives funds calculated and paid to 29 school districts and area education agencies for professional 30 development pursuant to section 257.10, subsection 10 , or 31 and section 257.37A, subsection 2 , the school district and 32 area education agency shall create quality professional 33 development opportunities. The goal for the use of the funds 34 is to provide one additional contract day or the equivalent 35 -3- LSB 6014HV (3) 84 tm/jp 3/ 23
H.F. 2465 thereof for professional development and use of the funds is 1 limited to providing professional development to teachers, 2 including additional salaries for time beyond the normal 3 negotiated agreement; pay for substitute teachers, professional 4 development materials, speakers, and professional development 5 content; and costs associated with implementing the individual 6 professional development plans. The use of the funds shall 7 be balanced between school district, attendance center, and 8 individual professional development plans, or area education 9 agency and individual professional development plans, as 10 appropriate, making every reasonable effort to provide equal 11 access to all teachers. 12 b. Each school district and area education agency receiving 13 funds under section 257.10, subsection 10, or section 257.37A, 14 subsection 2, shall set aside up to three percent of such 15 funds for purposes of compensating substitute teachers to 16 temporarily replace teachers who are employed by accredited 17 nonpublic schools located within the school district and area 18 education boundaries and who are required to receive Iowa 19 core curriculum professional development provided elsewhere 20 than on accredited nonpublic school property. The substitute 21 teacher shall be employed to teach only coursework that is 22 nonsectarian. Funds set aside by a school district and area 23 education agency pursuant to this paragraph shall be paid on 24 a prorated basis to the area education agency providing the 25 Iowa core curriculum professional development to the accredited 26 nonpublic school teacher. The proration shall be based upon 27 the amount of the professional development funds calculated and 28 paid to the school district under section 257.10, subsection 29 10, and the amount of the professional development funds 30 calculated and paid to the area education agency under section 31 257.37A, subsection 2. The area education agency providing 32 the professional development to an accredited nonpublic 33 school teacher pursuant to this paragraph shall reimburse 34 the accredited nonpublic school for the compensation of the 35 -4- LSB 6014HV (3) 84 tm/jp 4/ 23
H.F. 2465 substitute teacher from the professional development funds 1 available to the agency pursuant to this paragraph. If three 2 percent of such funds identified in this paragraph are expended 3 by school districts and area education agencies, this paragraph 4 requires no further reimbursements. 5 Sec. 8. REPEAL. 2012 Iowa Acts, House File 2168, section 6 5, is repealed. 7 Sec. 9. EFFECTIVE UPON ENACTMENT. The following provision 8 or provisions of this Act, being deemed of immediate 9 importance, take effect upon enactment: 10 1. The section of this Act providing for transfer of moneys 11 to the taxpayers trust fund. 12 DIVISION III 13 IOWA EARLY INTERVENTION BLOCK GRANT PROGRAM EXPENDITURES 14 Sec. 10. Section 256D.2A, Code 2011, is amended to read as 15 follows: 16 256D.2A Program funding. 17 1. For the budget year beginning July 1, 2009, and each 18 succeeding budget year, a school district shall expend funds 19 received pursuant to section 257.10, subsection 11 , at the 20 kindergarten through grade three levels to reduce class sizes 21 to the state goal of seventeen students for every one teacher 22 and to achieve a higher level of student success in the basic 23 skills, especially reading. In order to support these efforts, 24 school districts may expend funds received pursuant to section 25 257.10, subsection 11 , at the kindergarten through grade three 26 level on programs, instructional support, and materials that 27 include but are not limited to the following: additional 28 licensed instructional staff; additional support for students, 29 such as before and after school programs, tutoring, and 30 intensive summer programs; the acquisition and administration 31 of diagnostic reading assessments; the implementation of 32 research-based instructional intervention programs for students 33 needing additional support; the implementation of all-day, 34 everyday kindergarten programs; and the provision of classroom 35 -5- LSB 6014HV (3) 84 tm/jp 5/ 23
H.F. 2465 teachers with intensive training programs to improve reading 1 instruction and professional development in best practices 2 including but not limited to training programs related to 3 instruction to increase students’ phonemic awareness, reading 4 abilities, and comprehension skills. 5 2. Notwithstanding subsection 1, for the budget year 6 beginning July 1, 2012, and each succeeding budget year, a 7 school district may expend two-thirds of the moneys received 8 pursuant to section 257.10, subsection 11, to pay for the costs 9 of complying with education reform legislation enacted by the 10 Eighty-fourth General Assembly, 2012 session. 11 Sec. 11. Section 256D.9, Code 2011, is amended to read as 12 follows: 13 256D.9 Future repeal. 14 This chapter is repealed effective July 1, 2012 2017 . 15 Sec. 12. Section 257.10, subsection 11, Code 2011, is 16 amended by adding the following new paragraph: 17 NEW PARAGRAPH . e. For the budget year beginning July 1, 18 2012, and succeeding budget years, and after the adjustments 19 pursuant to paragraphs “b” and “c” have been determined, the 20 department of management shall reduce the distributions from 21 the amount generated by the total early intervention supplement 22 district cost to each school district for the budget year by an 23 amount equivalent to the amount the department of management 24 determines is necessary to pay for the state agency costs of 25 complying with education reform legislation enacted by the 26 Eighty-fourth General Assembly, 2012 session. For purposes 27 of the calculation of the combined district cost pursuant to 28 subsection 8, and the calculation of the additional property 29 tax pursuant to section 257.4, for the budget year beginning 30 July 1, 2012, and succeeding budget years, the total early 31 intervention supplement district cost shall be equal to the 32 amount remaining after the reduction made pursuant to this 33 paragraph. 34 Sec. 13. Section 257.16, Code 2011, is amended by adding the 35 -6- LSB 6014HV (3) 84 tm/jp 6/ 23
H.F. 2465 following new subsection: 1 NEW SUBSECTION . 5. There is appropriated from the general 2 fund of the state to the department of management for the 3 fiscal year beginning July 1, 2012, and each succeeding fiscal 4 year, an amount equal to the amount of the early intervention 5 supplement reduction, determined pursuant to section 257.10, 6 subsection 11, paragraph “e” , for purposes of state agency 7 compliance with education reform legislation enacted by the 8 Eighty-fourth General Assembly, 2012 session. Notwithstanding 9 section 257.10, subsection 11, paragraph “d” , the department of 10 management shall use the moneys appropriated in this subsection 11 to reimburse state agencies for any costs incurred by the 12 agency for complying with such legislation. 13 Sec. 14. EFFECTIVE UPON ENACTMENT. The section of this 14 division of this Act amending section 256D.9, being deemed of 15 immediate importance, takes effect upon enactment. 16 DIVISION IV 17 STATE EMPLOYEE AND ELECTED OFFICIAL PAYMENT OF HEALTH INSURANCE 18 PREMIUMS 19 Sec. 15. Section 2.40, subsection 1, paragraph a, 20 subparagraph (2), Code 2011, is amended to read as follows: 21 (2) The member shall pay the premium for the plan selected 22 on the same basis as a full-time state employee excluded from 23 collective bargaining as provided in chapter 20 . However, the 24 member shall pay a portion of the total premium for the plan 25 selected in an amount as determined by the legislative council. 26 The payment amount as determined by the legislative council 27 shall be at least twenty-five percent of the total premium 28 for the single or family coverage provided in connection with 29 the member. The payment amount determined by the legislative 30 council shall apply to employees of the general assembly. 31 Sec. 16. NEW SECTION . 8A.440 Group health insurance premium 32 costs. 33 1. Collective bargaining agreements entered into pursuant 34 to chapter 20 for state employees shall provide that a state 35 -7- LSB 6014HV (3) 84 tm/jp 7/ 23
H.F. 2465 employee covered by that agreement who is a member of a 1 state group health insurance plan for employees of the state 2 established under chapter 509A shall pay at least twenty-five 3 percent of the total premium for the single or family coverage 4 provided in connection with each employee. 5 2. A state employee not covered by a collective bargaining 6 agreement as provided in chapter 20 who is a member of a 7 state group health insurance plan for employees of the state 8 established under chapter 509A shall pay the same percentage 9 of the total premium for such insurance as is paid under the 10 collective bargaining agreement that covers the greatest number 11 of state employees in the state government entity employing the 12 state employee. 13 Sec. 17. STATEWIDE ELECTED OFFICIALS —— GROUP HEALTH 14 INSURANCE PREMIUM COSTS. A statewide elected official who is 15 a member of a state group insurance plan for employees of the 16 state established under chapter 509A shall pay a portion of the 17 total premium for the plan selected in an amount as determined 18 by the executive council. The payment amount as determined by 19 the executive council shall be at least twenty-five percent of 20 the total premium for the single or family coverage provided in 21 connection with the elected official. 22 Sec. 18. GROUP HEALTH INSURANCE PREMIUMS FOR STATE 23 EMPLOYEES. 24 1. a. This subsection does not apply to members of the 25 general assembly or elected officials who are subject to the 26 provisions of this division of this Act amending section 2.40 27 or requiring statewide elected officials to pay a portion of 28 health insurance premiums. 29 b. For the fiscal year beginning July 1, 2012, each state 30 employee who is a member of a state group health insurance plan 31 for state employees established under chapter 509A shall pay at 32 least 25 percent of the total premium for the single or family 33 coverage provided in connection with the employee’s membership 34 in the insurance plan. 35 -8- LSB 6014HV (3) 84 tm/jp 8/ 23
H.F. 2465 c. For the fiscal year beginning July 1, 2012, each person 1 who is a member of a state group health insurance plan for 2 employees of the state board of regents and the institutions 3 under the control of the state board shall pay at least 25 4 percent of the total premium for the single or family coverage 5 provided in connection with the person’s membership in the 6 insurance plan. 7 d. For the fiscal year beginning July 1, 2012, each judicial 8 officer or employee of the judicial branch who is a member 9 of a state group health insurance plan for state employees 10 established under chapter 509A shall pay at least 25 percent of 11 the total premium for the single or family coverage provided in 12 connection with the judicial officer or employee’s membership 13 in the insurance plan. 14 e. The requirements in this subsection shall be enforceable 15 against all applicable employees for the fiscal year beginning 16 July 1, 2012, notwithstanding any provision of chapter 20 to 17 the contrary, and shall remain applicable to each such state 18 employee and person in fiscal years succeeding the fiscal year 19 specified in this subsection until the requirement implemented 20 pursuant to section 8A.440 is applicable to the employee or 21 person. 22 2. a. For the fiscal year beginning July 1, 2012, 23 the portion of the payments made pursuant to subsection 24 1 attributed to increases in payments as a result of the 25 percentage requirement implemented pursuant to subsection 1 26 shall be transferred to the judicial branch or the state agency 27 charged for the state group health insurance plan premiums of 28 the judicial officer, employee, or person who made the payment 29 in lieu of a like amount from the appropriations made to the 30 judicial branch or the state agency for the fiscal year. 31 b. The moneys paid by members or employees of the general 32 assembly pursuant to section 2.40, as amended by this division 33 of this Act, for the fiscal year beginning July 1, 2012, are 34 appropriated to the general assembly in lieu of a like amount 35 -9- LSB 6014HV (3) 84 tm/jp 9/ 23
H.F. 2465 from the appropriations made to the general assembly pursuant 1 to section 2.12, for the fiscal year. 2 c. The moneys paid by statewide elected officials pursuant 3 to the section of this division of this Act requiring the 4 officials to pay a portion of the health insurance premium 5 costs for the coverage provided to the officials, for the 6 fiscal year beginning July 1, 2012, are appropriated to the 7 state agency charged for the state group health insurance plan 8 premiums of the official who made the payment in lieu of a like 9 amount from the appropriations made to the state agency for the 10 fiscal year. 11 3. The department of management, with the assistance of the 12 department of administrative services, state board of regents, 13 the state fair board, the state department of transportation, 14 and each judicial district department of correctional services, 15 shall submit a quarterly report to the general assembly and the 16 legislative services agency during the fiscal year beginning 17 July 1, 2012, regarding the reductions to appropriations made 18 pursuant to subsection 2 during the quarter. 19 Sec. 19. APPLICABILITY. The section of this division 20 of this Act enacting section 8A.440, applies to collective 21 bargaining agreements entered into on or after the effective 22 date of that section of this division of this Act. 23 Sec. 20. EFFECTIVE UPON ENACTMENT. The following sections 24 of this division of this Act, being deemed of immediate 25 importance, take effect upon enactment: 26 1. The section of this Act enacting section 8A.440. 27 2. The section of this Act relating to group health 28 insurance premiums for state employees. 29 DIVISION V 30 CORRECTIVE PROVISIONS 31 Sec. 21. Section 9B.2, subsection 10, paragraph a, if 32 enacted by 2012 Iowa Acts, Senate File 2265, section 2, is 33 amended to read as follows: 34 a. “Personal appearance” means an act of a party to 35 -10- LSB 6014HV (3) 84 tm/jp 10/ 23
H.F. 2465 physically appear within the presence of a notary public 1 notarial officer at the time the notarization occurs notarial 2 act is performed . 3 Sec. 22. Section 105.2, subsection 8, Code Supplement 2011, 4 as amended by 2012 Iowa Acts, House File 2285, section 1, if 5 enacted, is amended to read as follows: 6 8. “Hydronic” means a heating or cooling system that 7 transfers heating or cooling by circulating fluid through 8 a closed system, including boilers, pressure vessels, 9 refrigerated equipment in connection with chilled water 10 systems, all steam piping, hot or chilled water piping together 11 with all control devices and accessories, installed as part 12 of, or in connection with, any heating or cooling system or 13 appliance whose primary purpose is to provide comfort using 14 a liquid, water, or steam as the heating or cooling media. 15 “Hydronic” includes all low-pressure and high-pressure systems 16 and all natural, propane, liquid propane, or other gas lines 17 associated with any component of a hydronic system. For 18 purposes of this definition, “primary purpose is to provide 19 comfort” means a system or appliance in which at least fifty-one 20 percent of the capacity generated by its operation, on an 21 annual average, is dedicated to comfort heating or cooling. 22 Sec. 23. Section 135C.6, subsection 8, paragraphs a and 23 b, Code 2011, as amended by 2012 Iowa Acts, Senate File 2247, 24 section 15, are amended to read as follows: 25 a. Residential programs providing care to not more than 26 four individuals and receiving moneys appropriated to the 27 department of human services under provisions of a federally 28 approved home and community-based services waiver for persons 29 with an intellectual disabilities disability or other medical 30 assistance program under chapter 249A . In approving a 31 residential program under this paragraph, the department of 32 human services shall consider the geographic location of the 33 program so as to avoid an overconcentration of such programs 34 in an area. In order to be approved under this paragraph, 35 -11- LSB 6014HV (3) 84 tm/jp 11/ 23
H.F. 2465 a residential program shall not be required to involve the 1 conversion of a licensed residential care facility for persons 2 with an intellectual disability. 3 b. Not more than forty residential care facilities for 4 persons with an intellectual disability that are licensed 5 to serve not more than five individuals may be authorized 6 by the department of human services to convert to operation 7 as a residential program under the provisions of a medical 8 assistance home and community-based services waiver for persons 9 with an intellectual disabilities disability . A converted 10 residential program operating under this paragraph is subject 11 to the conditions stated in paragraph “a” except that the 12 program shall not serve more than five individuals. 13 Sec. 24. Section 144D.3, subsection 4, as enacted by 2012 14 Iowa Acts, House File 2165, section 4, is amended to read as 15 follows: 16 4. In the absence of actual notice of the revocation 17 of a POST form, a health care provider, hospital, health 18 care facility, or any other person who complies with a POST 19 form shall not be subject to civil or criminal liability or 20 professional disciplinary action for actions taken under 21 this chapter which are in accordance with reasonable medical 22 standards. A health care provider, hospital, health care 23 facility, or other person against whom criminal or civil 24 liability or professional disciplinary action is asserted 25 because of conduct in compliance with this chapter may 26 interpose the restriction on liability in this paragraph 27 subsection as an absolute defense. 28 Sec. 25. Section 152B.2, subsection 1, paragraph a, 29 subparagraph (2), Code 2011, as amended by 2012 Iowa Acts, 30 Senate File 2248, section 2, if enacted, is amended to read as 31 follows: 32 (2) Direct and indirect respiratory care services including 33 but not limited to the administration of pharmacological and 34 diagnostic and therapeutic agents related to respiratory 35 -12- LSB 6014HV (3) 84 tm/jp 12/ 23
H.F. 2465 care procedures necessary to implement a treatment, disease 1 prevention, pulmonary rehabilitative, or diagnostic regimen 2 prescribed by a licensed physician , or surgeon , or a qualified 3 health care professional prescriber. 4 Sec. 26. Section 152B.3, subsection 1, unnumbered paragraph 5 1, Code 2011, as amended by 2012 Iowa Acts, Senate File 2248, 6 section 5, if enacted, is amended to read as follows: 7 The performance of respiratory care shall be in accordance 8 with the prescription of a licensed physician , or surgeon , or 9 a qualified health care professional prescriber and includes 10 but is not limited to the diagnostic and therapeutic use of the 11 following: 12 Sec. 27. Section 152B.3, subsection 2, Code 2011, as amended 13 by 2012 Iowa Acts, Senate File 2248, section 6, if enacted, is 14 amended to read as follows: 15 2. A respiratory care practitioner may transcribe and 16 implement a written or verbal order from a licensed physician , 17 or surgeon , or a qualified health care professional prescriber 18 pertaining to the practice of respiratory care. 19 Sec. 28. Section 152B.4, Code 2011, as amended by 2012 Iowa 20 Acts, Senate File 2248, section 7, if enacted, is amended to 21 read as follows: 22 152B.4 Location of respiratory care. 23 The practice of respiratory care may be performed in a 24 hospital as defined in section 135B.1, subsection 3 , and other 25 settings where respiratory care is to be provided in accordance 26 with a prescription of a licensed physician , or surgeon , or a 27 qualified health care professional prescriber. Respiratory 28 care may be provided during transportation of a patient and 29 under circumstances where an emergency necessitates respiratory 30 care. 31 Sec. 29. Section 249A.12, subsection 5, paragraph a, 32 unnumbered paragraph 1, Code 2011, as amended by 2012 Iowa 33 Acts, Senate File 2247, section 101, is amended to read as 34 follows: 35 -13- LSB 6014HV (3) 84 tm/jp 13/ 23
H.F. 2465 The mental health and disability services commission shall 1 recommend to the department the actions necessary to assist in 2 the transition of individuals being served in an intermediate 3 care facility for persons with an intellectual disability, 4 who are appropriate for the transition, to services funded 5 under a medical assistance home and community-based services 6 waiver for persons with an intellectual disability in a 7 manner which maximizes the use of existing public and private 8 facilities. The actions may include but are not limited to 9 submitting any of the following or a combination of any of the 10 following as a request for a revision of the medical assistance 11 home and community-based services waiver for persons with an 12 intellectual disabilities disability : 13 Sec. 30. Section 273.2, subsection 3, Code Supplement 2011, 14 as amended by 2012 Iowa Acts, Senate File 2203, section 38, if 15 enacted, is amended to read as follows: 16 3. The area education agency board shall furnish 17 educational services and programs as provided in sections 18 section 273.1, this section, sections 273.3 to 273.9, and 19 chapter 256B to the pupils enrolled in public or nonpublic 20 schools located within its boundaries which are on the list of 21 accredited schools pursuant to section 256.11 . The programs 22 and services provided shall be at least commensurate with 23 programs and services existing on July 1, 1974. The programs 24 and services provided to pupils enrolled in nonpublic schools 25 shall be comparable to programs and services provided to pupils 26 enrolled in public schools within constitutional guidelines. 27 Sec. 31. Section 321.188, subsection 6, paragraph c, if 28 enacted by 2012 Iowa Acts, House File 2403, section 1, is 29 amended to read as follows: 30 c. An applicant who obtains a skills test waiver under this 31 subsection shall take and successfully pass the knowledge test 32 required pursuant to subsection 2 1 . 33 Sec. 32. Section 321.323A, subsection 3, paragraph c, 34 subparagraph (1), if enacted by 2012 Iowa Acts, House File 35 -14- LSB 6014HV (3) 84 tm/jp 14/ 23
H.F. 2465 2228, section 3, is amended to read as follows: 1 (1) For a violation causing damage to the property of 2 another person, but not resulting in bodily injury to or 3 death of to another person, the department shall suspend the 4 violator’s driver’s license or operating privileges for ninety 5 days. 6 Sec. 33. Section 321.457, subsection 2, paragraph n, 7 subparagraph (4), if enacted by 2012 Iowa Acts, House File 8 2428, section 1, is amended to read as follows: 9 (4) For purposes of this paragraph “n” , “full trailer” means 10 as defined in 49 C.F.R. § 390 390.5 . 11 Sec. 34. Section 322.5, subsection 6, paragraph b, 12 subparagraph (2), if enacted by 2012 Iowa Acts, Senate File 13 2249, section 4, is amended to read as follows: 14 (2) The state in which the person is licensed as a motor 15 vehicle dealer allows a motor vehicle dealer licensed in Iowa 16 to be issued a permit substantially similar to the temporary 17 permit authorized under this section subsection . 18 Sec. 35. Section 508.37, subsection 5, paragraph c, Code 19 2011, as amended by 2012 Iowa Acts, Senate File 2203, section 20 105, if enacted, is amended to read as follows: 21 c. The adjusted premiums for a policy providing term 22 insurance benefits by rider or supplemental policy provision 23 shall be equal to (1) the adjusted premiums for an otherwise 24 similar policy issued at the same age without such term 25 insurance benefits, increased during the period for which 26 premiums for such term insurance benefits are payable, 27 by (2) the adjusted premiums for such term insurance, the 28 foregoing items (1) and (2) being calculated separately and 29 as specified in paragraphs “a” and “b” of this subsection 30 except that, for the purposes of of paragraph “a” , subparagraph 31 (1), subparagraph divisions (b), (c), and (d), the amount of 32 insurance or equivalent uniform amount of insurance used in 33 the calculation of the adjusted premiums referred to in item 34 (2) in this paragraph shall be equal to the excess of the 35 -15- LSB 6014HV (3) 84 tm/jp 15/ 23
H.F. 2465 corresponding amount determined for the entire policy over the 1 amount used in the calculation of the adjusted premiums in item 2 (1) in this paragraph. 3 Sec. 36. Section 515I.1, subsection 2, if enacted by 2012 4 Iowa Acts, House File 2145, section 1, is amended to read as 5 follows: 6 2. This division chapter shall be liberally construed to 7 promote these purposes. 8 Sec. 37. Section 536A.10, Code 2011, as amended by 2012 Iowa 9 Acts, Senate File 2203, section 139, if enacted, is amended to 10 read as follows: 11 536A.10 Issuance of license. 12 1. If The superintendent shall approve the application and 13 issue to the applicant a license to engage in the industrial 14 loan business in accordance with the provisions of this 15 chapter , if the superintendent shall find: 16 a. That the financial responsibility, experience, character 17 and general fitness of the applicant and of the officers 18 thereof are such as to command the confidence of the community, 19 and to warrant the belief that the business will be operated 20 honestly, fairly and efficiently within the purpose of this 21 chapter ; 22 b. That a reasonable necessity exists for a new industrial 23 loan company in the community to be served; 24 c. That the applicant has available for the operation of the 25 business at the specified location paid-in capital and surplus 26 as required by section 536A.8 ; and 27 d. That the applicant is a corporation organized for 28 pecuniary profit under the laws of the state of Iowa. 29 2. The superintendent shall approve the application and 30 issue to the applicant a license to engage in the industrial 31 loan business in accordance with the provisions of this 32 chapter . The superintendent shall approve or deny an 33 application for a license within one hundred twenty days from 34 the date of the filing of such application. 35 -16- LSB 6014HV (3) 84 tm/jp 16/ 23
H.F. 2465 Sec. 38. Section 602.9202, subsection 4, Code 2011, as 1 amended by 2012 Iowa Acts, Senate File 2285, section 106, is 2 amended to read as follows: 3 4. “Senior judge retirement age” means seventy-eight years 4 of age or, if the senior judge is reappointed as a senior judge 5 for an additional one-year term upon attaining seventy-eight 6 years of age , and then to a succeeding one-year term, pursuant 7 to section 602.9203 , eighty years of age. 8 Sec. 39. Section 617.11, subsection 3, unnumbered paragraph 9 1, if enacted by 2012 Iowa Acts, House File 2370, section 1, is 10 amended to read as follows: 11 If a claim of interest against the property is acquired prior 12 to the indexing of a petition or municipal infraction citation 13 affecting real estate and filed by a city and such claim is 14 not indexed or filed of record prior to the indexing of the 15 petition or citation, it is subject to the pending action 16 as provided in subsection 1, unless either of the following 17 occurs: 18 Sec. 40. EFFECTIVE DATE. The section of this division of 19 this Act amending section 9B.2, subsection 10, paragraph a, 20 takes effect January 1, 2013. 21 Sec. 41. EFFECTIVE UPON ENACTMENT. The section of this 22 division of this Act amending section 105.2, subsection 23 8, being deemed of immediate importance, takes effect upon 24 enactment. 25 Sec. 42. RETROACTIVE APPLICABILITY. The section of this 26 division of this Act amending section 105.2, subsection 8, 27 applies retroactively to the effective date of 2012 Iowa Acts, 28 House File 2285. 29 Sec. 43. EFFECTIVE UPON ENACTMENT. The section of this 30 division of this Act amending section 322.5, subsection 6, 31 paragraph “b”, subparagraph (2), being deemed of immediate 32 importance, takes effect upon enactment. 33 Sec. 44. RETROACTIVE APPLICABILITY. The section of this 34 division of this Act amending section 322.5, subsection 6, 35 -17- LSB 6014HV (3) 84 tm/jp 17/ 23
H.F. 2465 paragraph “b”, subparagraph (2), applies retroactively to the 1 effective date of 2012 Iowa Acts, Senate File 2249. 2 Sec. 45. EFFECTIVE UPON ENACTMENT. The section of this 3 division of this Act amending section 515I.1, subsection 4 2, being deemed of immediate importance, takes effect upon 5 enactment. 6 Sec. 46. RETROACTIVE APPLICABILITY. The section of this 7 division of this Act amending section 515I.1, subsection 2, 8 applies retroactively to the effective date of 2012 Iowa Acts, 9 House File 2145. 10 EXPLANATION 11 This bill relates to state and local finances by making and 12 adjusting appropriations, providing for legal responsibilities, 13 and providing for properly related matters. The bill is 14 organized by divisions. 15 STANDING APPROPRIATIONS AND RELATED MATTERS. The bill 16 limits the standing unlimited appropriation to the general 17 assembly and legislative agencies for FY 2012-2013. 18 In 2011 Iowa Acts, chapter 131, a list of standing 19 appropriations was limited for the fiscal year 2012-2013. 20 The bill increases the amount appropriated from the state 21 general fund for the following purposes: casino wagering tax 22 proceeds allocated for the department of cultural affairs for 23 operational support grants and community cultural grants and 24 for regional tourism marketing; the center of congenital and 25 inherited disorders central registry; primary and secondary 26 child abuse prevention programs; programs for at-risk children; 27 and the enforcement of Code chapter 453D relating to tobacco 28 product manufacturers. The bill adds a limitation to the 29 standing appropriation for the Iowa resources enhancement and 30 protection fund. 31 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS. All of 32 the moneys in excess of the maximum balance in the economic 33 emergency fund after the distribution of the surplus in the 34 general fund of the state at the conclusion of fiscal year 35 -18- LSB 6014HV (3) 84 tm/jp 18/ 23
H.F. 2465 2011-2012 are required to be transferred to the taxpayers trust 1 fund created in section 8.57E. The provision in Code section 2 8.55 limiting the amount of that transfer to not more than $60 3 million is made inapplicable. The provision takes effect upon 4 enactment. 5 Code section 97B.52A, concerning the determination of a 6 bona fide retirement under IPERS, is amended. Current law 7 allows, until July 2012, a person to retire, receive retirement 8 benefits, and to return to covered employment as a licensed 9 health care professional at a public hospital after one month 10 and still receive retirement benefits. Most retirees under 11 IPERS are not allowed to return to covered employment and 12 continue to receive retirement benefits until at least four 13 months after they retire. The bill extends the sunset of this 14 shortened period for licensed health care professionals from 15 July 2012 to July 2014. 16 The bill requires school districts receiving preschool 17 foundation aid in a fiscal year to expend not less than 95 18 percent of the aid for preschool programming to the eligible 19 students enrolled in the district’s approved local program. 20 In Code section 257.35(7), as enacted by 2011 Iowa Acts, 21 chapter 131, the state aid for area education agencies and 22 the portion of combined district cost calculated for these 23 agencies for FY 2012-2013 was reduced by $10 million. The bill 24 increases the reduction by $10 million for a total $20 million 25 reduction for FY 2012-2013. 26 The bill requires each school district and area education 27 agency receiving teacher professional development moneys 28 to set aside up to 3 percent of such moneys for purposes 29 of compensating substitute teachers to temporarily replace 30 teachers who are employed by accredited nonpublic schools 31 located within the school district and area education 32 boundaries and who are required to receive Iowa core curriculum 33 professional development provided elsewhere than on accredited 34 nonpublic school property. 35 -19- LSB 6014HV (3) 84 tm/jp 19/ 23
H.F. 2465 If enacted, 2012 Iowa Acts, House File 2168, is amended to 1 repeal section 5 of the Act. Section 5 of the Act amends Code 2 section 12C.23A relating to the assessment of banks in the 3 event of a failure. 4 IOWA EARLY INTERVENTION BLOCK GRANT PROGRAM EXPENDITURES. 5 Currently, the Iowa early intervention block grant program is 6 repealed effective July 1, 2012. The bill extends the repeal 7 date to July 1, 2017. The bill also allows a school district 8 to expend two-thirds of the early intervention allocation the 9 school district receives to pay for the costs of complying 10 with education reform legislation enacted by the 84th General 11 Assembly, 2012 session. 12 The department of management is directed to annually reduce 13 the distributions from the amounts generated by the total early 14 intervention supplement district cost to each school district 15 for the budget year by an amount equivalent to the amount the 16 department of management determines is necessary to pay for 17 the state agency costs of complying with education reform 18 legislation enacted by the Eighty-fourth General Assembly, 2012 19 session. The school district spending authority and additional 20 levy taxing authority are reduced by an amount corresponding 21 to the amount of the reduction. An equivalent amount is 22 appropriated to the department of management for purposes of 23 state agency compliance with the education reform legislation. 24 The department of management is directed to use the moneys to 25 reimburse state agencies for any costs incurred by the agency 26 for complying with such legislation. 27 The provision extending the repeal takes effect upon 28 enactment. 29 STATE EMPLOYEE AND ELECTED OFFICIAL PAYMENT OF HEALTH 30 INSURANCE PREMIUMS. This division requires judicial officers, 31 state employees, regents personnel, and elected officials to 32 pay at least 25 percent of the costs of the single or family 33 group health insurance plan coverage connected to the employees 34 or state officials. 35 -20- LSB 6014HV (3) 84 tm/jp 20/ 23
H.F. 2465 The bill provides that members of the general assembly and 1 statewide elected officials who become a member of the state 2 group insurance plan for employees of the state established 3 under Code chapter 509A shall pay at least 25 percent of 4 the total premium for the single or family coverage provided 5 in connection with the plan and single or family coverage 6 selected. The bill provides that, subject to percentage 7 minimum, the total premium amount to be paid by members of 8 the general assembly shall be determined by the legislative 9 council and the total premium amount to be paid by statewide 10 elected officials shall be determined by the executive council. 11 The payment amount determined by the legislative council also 12 applies to employees of the general assembly. 13 New Code section 8A.440 requires the collective bargaining 14 agreements entered into pursuant to Code chapter 20 to include 15 the health insurance premium payment requirement and for the 16 payment requirement to apply to state employees not covered by 17 a collective bargaining agreement. The provision takes effect 18 upon enactment and an applicability provision specifies that it 19 applies to collective bargaining agreements entered into after 20 the provision’s effective date. 21 CORRECTIVE PROVISIONS. The bill makes corrections to 22 legislation enacted or considered during the 2012 legislative 23 session. 24 Code section 9B.2(10)(a), if enacted by 2012 Iowa Acts, 25 Senate File 2265, section 2, is amended to modify the 26 definition of “personal appearance” to recognize that such an 27 appearance will often be before a notarial officer who is not 28 a notary public but rather a judge or clerk or other person 29 authorized by law to perform a notarial act. 30 Code section 105.2(8), as amended by 2012 Iowa Acts, House 31 File 2285, section 1, is amended to indicate that the primary 32 purpose of a hydronic heating or cooling system is not that 33 exactly 51 percent of the system’s capacity is dedicated to 34 comfort heating or cooling but that “at least” 51 percent is 35 -21- LSB 6014HV (3) 84 tm/jp 21/ 23
H.F. 2465 dedicated to comfort heating or cooling. This amendment is 1 made effective upon enactment and retroactively applicable to 2 the effective date of 2012 Iowa Acts, House File 2285. 3 Code section 135C.6(8)(a, b), as amended by 2012 Iowa Acts, 4 Senate File 2247, section 15, are amended to correctly refer to 5 a person with an intellectual disability as otherwise referred 6 to in Senate File 2247. 7 Code section 144D.3(4), as enacted by 2012 Iowa Acts, House 8 File 2165, section 4, relating to physician orders for scope of 9 treatment and professional immunity for acting in accordance 10 with such orders, is amended to correct an internal reference 11 by substituting “subsection” for “paragraph”. 12 Code sections 152B.2(1)(a)(2), 152B.3(1)(u1), 152B.3(2), 13 and 152B.4, as amended by 2012 Iowa Acts, Senate File 2248, 14 sections 2, 5, 6, and 7, are amended to correctly refer to a 15 licensed physician or surgeon. 16 Code section 249A.12(5)(a)(u1), as amended by 2012 Iowa 17 Acts, Senate File 2247, section 101, is amended to correctly 18 refer to a person with an intellectual disability as otherwise 19 referred to in Senate File 2247. 20 Code section 273.2(3), as amended by 2012 Iowa Acts, Senate 21 File 2203, section 38, is amended to correct a singular noun in 22 this Code editor’s bill provision relating to area education 23 agencies. 24 Code section 321.188(6)(c), if enacted by 2012 Iowa Acts, 25 House File 2403, section 1, is amended to correct a Code 26 reference relating to the knowledge skills test required for 27 issuance of a commercial driver’s license. 28 Code section 321.323A(3)(c)(1), if enacted by 2012 Iowa 29 Acts, House File 2228, section 3, relating to motor vehicle 30 operators approaching certain stationary vehicles, is amended 31 to correct the placement of the preposition “to”. 32 Code section 321.457(2)(n)(4), if enacted by 2012 Iowa Acts, 33 House File 2428, section 1, is amended to correct a reference 34 to the section in the Code of Federal Regulations containing 35 -22- LSB 6014HV (3) 84 tm/jp 22/ 23
H.F. 2465 the definition of “full trailer”. 1 Code section 322.5(6)(b)(2), if enacted by 2012 Iowa 2 Acts, Senate File 2249, section 4, is amended to correct a 3 reference to the subsection in which a new temporary permit for 4 motor vehicle dealers is authorized. This amendment is made 5 effective upon enactment and retroactively applicable to the 6 effective date of 2012 Iowa Acts, Senate File 2249. 7 Code section 508.37(5)(c), as amended by 2012 Iowa Acts, 8 Senate File 2203, section 105, is amended to delete a redundant 9 duplication of the word “of” in this Code editor’s bill 10 provision relating to term life insurance policies. 11 Code section 515I.1(2), if enacted by 2012 Iowa Acts, 12 House File 2145, section 1, is amended to correct an internal 13 reference to this “chapter” rather than to the “division” in 14 the new Code chapter relating to surplus lines insurance. This 15 amendment is made effective upon enactment and retroactively 16 applicable to the effective date of 2012 Iowa Acts, House File 17 2145. 18 Code section 536A.10, as amended by 2012 Iowa Acts, Senate 19 File 2203, section 139, is amended to move language prior 20 to rather than after the conditions that apply in this Code 21 editor’s bill provision relating to the issuance of a license 22 to operate an industrial loan company. 23 Code section 602.9202(4), as amended by 2012 Iowa Acts, 24 Senate File 2285, section 106, is amended to correctly refer to 25 two succeeding one-year terms of a senior judge in this Code 26 editor’s bill provision relating to the retirement age of 80 27 for senior judges. 28 Code section 617.11(3)(u1), if enacted by 2012 Iowa Acts, 29 House File 2370, section 1, relating to claims against real 30 estate and pending legal actions, is amended to correctly refer 31 to a municipal infraction citation. 32 -23- LSB 6014HV (3) 84 tm/jp 23/ 23