Text: HF2699
Text: HF2701
Complete Bill History
House File 2700
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HSB 797)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to state and local finances by providing for
2 funding of property tax credits and reimbursements, by making,
3 increasing and reducing appropriations, providing for salaries
4 and compensation of state employees, providing for matters
5 relating to tax credits, providing for fees and penalties, and
6 providing for properly related matters, and including
7 effective and retroactive applicability date provisions.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
9 TLSB 6618HV 82
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1 1 DIVISION I
1 2 MH/MR/DD SERVICES ALLOWED
1 3 GROWTH FUNDING == FY 2009=2010
1 4 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
1 5 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH APPROPRIATION AND
1 6 ALLOCATIONS == FISCAL YEAR 2009=2010.
1 7 1. There is appropriated from the general fund of the
1 8 state to the department of human services for the fiscal year
1 9 beginning July 1, 2009, and ending June 30, 2010, the
1 10 following amount, or so much thereof as is necessary, to be
1 11 used for the purpose designated:
1 12 For distribution to counties of the county mental health,
1 13 mental retardation, and developmental disabilities allowed
1 14 growth factor adjustment for fiscal year 2009=2010:
1 15 .................................................. $ 69,949,069
1 16 2. The amount appropriated in this section shall be
1 17 allocated as provided in a later enactment of the general
1 18 assembly.
1 19 DIVISION II
1 20 STANDING APPROPRIATIONS
1 21 AND RELATED MATTERS
1 22 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2009=2010.
1 23 1. For the budget process applicable to the fiscal year
1 24 beginning July 1, 2009, on or before October 1, 2008, in lieu
1 25 of the information specified in section 8.23, subsection 1,
1 26 unnumbered paragraph 1, and paragraph "a", all departments and
1 27 establishments of the government shall transmit to the
1 28 director of the department of management, on blanks to be
1 29 furnished by the director, estimates of their expenditure
1 30 requirements, including every proposed expenditure, for the
1 31 ensuing fiscal year, together with supporting data and
1 32 explanations as called for by the director of the department
1 33 of management after consultation with the legislative services
1 34 agency.
1 35 2. The estimates of expenditure requirements shall be in a
2 1 form specified by the director of the department of
2 2 management, and the expenditure requirements shall include all
2 3 proposed expenditures and shall be prioritized by program or
2 4 the results to be achieved. The estimates shall be
2 5 accompanied by performance measures for evaluating the
2 6 effectiveness of the programs or results.
2 7 Sec. 3. GENERAL ASSEMBLY. The appropriations made
2 8 pursuant to section 2.12 for the expenses of the general
2 9 assembly and legislative agencies for the fiscal year
2 10 beginning July 1, 2008, and ending June 30, 2009, are reduced
2 11 by the following amount:
2 12 .................................................. $ 1,400,261
2 13 Sec. 4. LIMITATION OF STANDING APPROPRIATIONS.
2 14 Notwithstanding the standing appropriations in the following
2 15 designated sections for the fiscal year beginning July 1,
2 16 2008, and ending June 30, 2009, the amounts appropriated from
2 17 the general fund of the state pursuant to these sections for
2 18 the following designated purposes shall not exceed the
2 19 following amounts:
2 20 1. For instructional support state aid under section
2 21 257.20:
2 22 .................................................. $ 14,428,271
2 23 If the total amount of instructional support state aid
2 24 appropriated in accordance with this subsection is
2 25 insufficient to pay the amount of instructional support state
2 26 aid to a district as determined under section 257.20, the
2 27 department of education shall prorate the amount of the
2 28 instructional support state aid provided to each district.
2 29 2. For payment for nonpublic school transportation under
2 30 section 285.2:
2 31 .................................................. $ 8,604,714
2 32 If total approved claims for reimbursement for nonpublic
2 33 school pupil transportation exceed the amount appropriated in
2 34 accordance with this subsection, the department of education
2 35 shall prorate the amount of each approved claim.
3 1 3. For the educational excellence program under section
3 2 294A.25, subsection 1:
3 3 .................................................. $ 55,469,053
3 4 4. For the state's share of the cost of the peace
3 5 officers' retirement benefits under section 411.20:
3 6 .................................................. $ 2,745,784
3 7 Sec. 5. PROPERTY TAX CREDIT FUND == PAYMENTS IN LIEU OF
3 8 GENERAL FUND REIMBURSEMENT.
3 9 1. a. Notwithstanding section 8.57, prior to the
3 10 appropriation and distribution to the senior living trust fund
3 11 and the cash reserve fund of the surplus existing in the
3 12 general fund of the state at the conclusion of the fiscal year
3 13 beginning July 1, 2007, and ending June 30, 2008, pursuant to
3 14 section 8.57, subsections 1 and 2, of that surplus,
3 15 $99,849,544 is appropriated to the property tax credit fund
3 16 which shall be created in the office of the treasurer of state
3 17 to be used for the purposes of this section.
3 18 b. Notwithstanding any provision in section 8.57 to the
3 19 contrary in determining the amount of the appropriation to the
3 20 senior living trust fund pursuant to section 8.57, subsection
3 21 2, paragraph "a", the following shall apply:
3 22 (1) The surplus for the fiscal year beginning July 1,
3 23 2007, shall not include the amount appropriated to the
3 24 property tax credit fund pursuant to paragraph "a" of this
3 25 subsection.
3 26 (2) The remaining surplus after the operation of
3 27 subparagraph (1) shall be appropriated to the cash reserve
3 28 fund prior to any appropriation to the senior living trust
3 29 fund.
3 30 c. There is appropriated from the general fund of the
3 31 state to the property tax credit fund created in paragraph "a"
3 32 for the fiscal year beginning July 1, 2008, and ending June
3 33 30, 2009, the sum of $44,400,000.
3 34 d. There is transferred from the surplus existing in the
3 35 salary adjustment fund at the conclusion of the fiscal year
4 1 beginning July 1, 2007, and ending June 30, 2008, to the
4 2 property tax credit fund created in paragraph "a", the sum of
4 3 $13,937,263.
4 4 e. Notwithstanding section 8.33, the surplus existing in
4 5 the property tax credit fund created pursuant to 2007 Iowa
4 6 Acts, chapter 215, section 5, at the conclusion of the fiscal
4 7 year beginning July 1, 2007, and ending June 30, 2008, is
4 8 transferred to the property tax credit fund created in this
4 9 section.
4 10 2. Notwithstanding the amount of the standing
4 11 appropriation from the general fund of the state in the
4 12 following designated sections and notwithstanding any
4 13 conflicting provisions or voting requirements of section 8.56,
4 14 there is appropriated from the property tax credit fund in
4 15 lieu of the appropriations in the following designated
4 16 sections for the fiscal year beginning July 1, 2008, and
4 17 ending June 30, 2009, the following amounts for the following
4 18 designated purposes:
4 19 a. For reimbursement for the homestead property tax credit
4 20 under section 425.1:
4 21 .................................................. $ 99,254,781
4 22 b. For reimbursement for the agricultural land and family
4 23 farm tax credits under sections 425A.1 and 426.1:
4 24 .................................................. $ 34,610,183
4 25 c. For reimbursement for the military service tax credit
4 26 under section 426A.1A:
4 27 .................................................. $ 2,800,000
4 28 d. For implementing the elderly and disabled tax credit
4 29 and reimbursement pursuant to sections 425.16 through 425.40:
4 30 .................................................. $ 23,204,000
4 31 If the director of revenue determines that the amount of
4 32 claims for credit for property taxes due pursuant to
4 33 paragraphs "a", "b", "c", and "d" plus the amount of claims
4 34 for reimbursement for rent constituting property taxes paid
4 35 which are to be paid during the fiscal year may exceed the
5 1 total amount appropriated, the director shall estimate the
5 2 percentage of the credits and reimbursements which will be
5 3 funded by the appropriation. The county treasurer shall
5 4 notify the director of the amount of property tax credits
5 5 claimed by June 8, 2008. The director shall estimate the
5 6 percentage of the property tax credits and rent reimbursement
5 7 claims that will be funded by the appropriation and notify the
5 8 county treasurer of the percentage estimate by June 15, 2008.
5 9 The estimated percentage shall be used in computing for each
5 10 claim the amount of property tax credit and reimbursement for
5 11 rent constituting property taxes paid for that fiscal year.
5 12 If the director overestimates the percentage of funding,
5 13 claims for reimbursement for rent constituting property taxes
5 14 paid shall be paid until they can no longer be paid at the
5 15 estimated percentage of funding. Rent reimbursement claims
5 16 filed after that point in time shall receive priority and
5 17 shall be paid in the following fiscal year.
5 18 3. Notwithstanding any other provision, if the
5 19 Eighty=second General Assembly, 2008 Session, enacts
5 20 legislation that also provides for the appropriation of the
5 21 surplus or any part of the surplus existing in the general
5 22 fund of the state at the conclusion of the fiscal year
5 23 beginning July 1, 2007, and ending June 30, 2008, the moneys
5 24 appropriated from such surplus pursuant to subsection 1 shall
5 25 have priority over all other such appropriations.
5 26 4. Notwithstanding the amount of the standing
5 27 appropriations from the general fund of the state from the
5 28 designated sections listed in subsection 2, unless otherwise
5 29 provided by law, for the fiscal year beginning July 1, 2009,
5 30 and ending June 30, 2010, the amounts of such standing
5 31 appropriations shall be the same as provided in subsection 2.
5 32 Sec. 6. CASH RESERVE APPROPRIATION FOR FY 2008=2009. For
5 33 the fiscal year beginning July 1, 2008, and ending June 30,
5 34 2009, the appropriation to the cash reserve fund provided in
5 35 section 8.57, subsection 1, paragraph "a", shall not be made.
6 1 Sec. 7. APRIL 4, 2008, REVENUE ESTIMATE. For use by the
6 2 general assembly in the budget process and the governor's
6 3 approval or disapproval of the appropriations bills for the
6 4 fiscal year beginning July 1, 2008, and for purposes of
6 5 calculating the state general fund expenditure limitation
6 6 pursuant to section 8.54 for the fiscal year beginning July 1,
6 7 2008, the revenue estimate for the fiscal year beginning July
6 8 1, 2008, that shall be used in the budget process and such
6 9 calculation shall be the revenue estimate determined by the
6 10 revenue estimating conference on April 4, 2008,
6 11 notwithstanding the provision in section 8.22A, subsection 3,
6 12 that disallows the use of a revenue estimate agreed to at a
6 13 later meeting that projects a greater amount than the initial
6 14 estimated amount agreed to in December 2007. This section
6 15 also authorizes the use of the estimated revenue figures for
6 16 the purposes or sources designated in section 8.22A,
6 17 subsection 5.
6 18 Sec. 8. Section 257.35, Code Supplement 2007, is amended
6 19 by adding the following new subsection:
6 20 NEW SUBSECTION. 4A. Notwithstanding subsection 1, and in
6 21 addition to the reduction applicable pursuant to subsection 2,
6 22 the state aid for area education agencies and the portion of
6 23 the combined district cost calculated for these agencies for
6 24 the fiscal year beginning July 1, 2008, shall be reduced by
6 25 the department of management by two million five hundred
6 26 thousand dollars. The reduction for each area education
6 27 agency shall be prorated based on the reduction that the
6 28 agency received in the fiscal year beginning July 1, 2003.
6 29 Sec. 9. AREA EDUCATION AGENCY PAYMENTS. It is the intent
6 30 of the general assembly that for the fiscal year beginning
6 31 July 1, 2009, and subsequent fiscal years there shall be no
6 32 additional reduction in state aid to area education agencies
6 33 and the combined district cost calculated for those agencies
6 34 over the reduction applicable pursuant to section 257.35,
6 35 subsection 2.
7 1 Sec. 10. EFFECTIVE AND APPLICABILITY DATES.
7 2 1. The section of this division of this Act creating the
7 3 property tax credit fund, being deemed of immediate
7 4 importance, takes effect upon enactment.
7 5 2. The section of this division of this Act relating to
7 6 the use of the April 4, 2008, revenue estimate, being deemed
7 7 of immediate importance, takes effect upon enactment and
7 8 applies retroactively to January 14, 2008.
7 9 DIVISION III
7 10 SALARIES, COMPENSATION, AND RELATED MATTERS
7 11 Sec. 11. STATE COURT == JUSTICES, JUDGES, AND MAGISTRATES.
7 12 1. The salary rates specified in subsection 2 are for the
7 13 fiscal year beginning July 1, 2008, effective for the pay
7 14 period beginning June 27, 2008, and for subsequent fiscal
7 15 years until otherwise provided by the general assembly. The
7 16 salaries provided for in this section shall be paid from funds
7 17 allocated to the judicial branch from the salary adjustment
7 18 fund or if the allocation is not sufficient, from funds
7 19 appropriated to the judicial branch pursuant to any Act of the
7 20 general assembly.
7 21 2. The following annual salary rates shall be paid to the
7 22 persons holding the judicial positions indicated during the
7 23 fiscal year beginning July 1, 2008, effective with the pay
7 24 period beginning June 27, 2008, and for subsequent pay
7 25 periods.
7 26 a. Chief justice of the supreme court:
7 27 .................................................. $ 170,850
7 28 b. Each justice of the supreme court:
7 29 .................................................. $ 163,200
7 30 c. Chief judge of the court of appeals:
7 31 .................................................. $ 153,000
7 32 d. Each associate judge of the court of appeals:
7 33 .................................................. $ 147,900
7 34 e. Each chief judge of a judicial district:
7 35 .................................................. $ 142,800
8 1 f. Each district judge except the chief judge of a
8 2 judicial district:
8 3 .................................................. $ 137,700
8 4 g. Each district associate judge:
8 5 .................................................. $ 122,400
8 6 h. Each associate juvenile judge:
8 7 .................................................. $ 122,400
8 8 i. Each associate probate judge:
8 9 .................................................. $ 122,400
8 10 j. Each judicial magistrate:
8 11 .................................................. $ 37,740
8 12 k. Each senior judge:
8 13 .................................................. $ 8,160
8 14 3. Persons receiving the salary rates established under
8 15 this section shall not receive any additional salary
8 16 adjustments provided by this division of this Act.
8 17 Sec. 12. ELECTIVE EXECUTIVE OFFICIALS.
8 18 1. The annual salary rates specified in this section are
8 19 effective for the fiscal year beginning July 1, 2008, with the
8 20 pay period beginning June 27, 2008, and for subsequent fiscal
8 21 years until otherwise provided by the general assembly.
8 22 The salaries provided for in this section shall be paid
8 23 from funds allocated to the office, department, or agency of
8 24 the elected official specified in subsections 2, 3, and 4 from
8 25 the salary adjustment fund, if the allocation is not
8 26 sufficient, from funds appropriated to the office, department,
8 27 or agency.
8 28 2. The annual salary rates paid to the person holding the
8 29 following elected offices shall be equal to 82.65 percent of
8 30 the maximum of range 7 of the salary ranges specified in this
8 31 division of this Act for appointed state officers, rounded to
8 32 the nearest $10: secretary of agriculture, auditor of state,
8 33 secretary of state, treasurer of state, and lieutenant
8 34 governor.
8 35 3. The annual salary rate paid to the attorney general
9 1 shall be equal to 89 percent of the maximum of range 7 of the
9 2 salary ranges specified in this division of this Act for
9 3 appointed state officers, rounded to the nearest $10.
9 4 4. The annual salary rate paid to the governor shall be
9 5 equal to 92.4 percent of the maximum of range 7 of the salary
9 6 ranges specified in this division of this Act for appointed
9 7 state officers, rounded to the nearest $10.
9 8 Sec. 13. APPOINTED STATE OFFICERS. The governor shall
9 9 establish a salary for appointed nonelected persons in the
9 10 executive branch of state government holding a position
9 11 enumerated in the section of this division of this Act that
9 12 addresses the salary ranges of state officers within the range
9 13 provided, by considering, among other items, the experience of
9 14 the individual in the position, changes in the duties of the
9 15 position, the incumbent's performance of assigned duties, and
9 16 subordinates' salaries. However, the attorney general shall
9 17 establish the salary for the consumer advocate, the chief
9 18 justice of the supreme court shall establish the salary for
9 19 the state court administrator, the ethics and campaign
9 20 disclosure board shall establish the salary of the executive
9 21 director, and the Iowa public broadcasting board shall
9 22 establish the salary of the administrator of the public
9 23 broadcasting division of the department of education, each
9 24 within the salary range provided in the section of this
9 25 division of this Act that addresses the salary ranges of state
9 26 officers.
9 27 The governor, in establishing salaries as provided in the
9 28 section of this division of this Act that addresses the salary
9 29 ranges of state officers, shall take into consideration other
9 30 employee benefits which may be provided for an individual
9 31 including but not limited to housing.
9 32 A person whose salary is established pursuant to the
9 33 section of this division of this Act that addresses the salary
9 34 ranges of state officers and who is a full=time, year=round
9 35 employee of the state shall not receive any other remuneration
10 1 from the state or from any other source for the performance of
10 2 that person's duties unless the additional remuneration is
10 3 first approved by the governor or authorized by law. However,
10 4 this provision does not exclude the reimbursement for
10 5 necessary travel and expenses incurred in the performance of
10 6 duties or fringe benefits normally provided to employees of
10 7 the state.
10 8 Sec. 14. STATE OFFICERS == SALARY RANGE. The following
10 9 annual salary ranges are effective for the positions specified
10 10 in this section for the fiscal year beginning July 1, 2008,
10 11 and for subsequent fiscal years until otherwise provided by
10 12 the general assembly. The governor or other person designated
10 13 in the section of this division of this Act relating to
10 14 appointed state officers shall determine the salary to be paid
10 15 to the person indicated at a rate within this salary range
10 16 from funds appropriated by the general assembly for that
10 17 purpose.
10 18 1. The following are salary ranges for appointed state
10 19 officers for the fiscal year beginning July 1, 2008, effective
10 20 with the pay period beginning June 27, 2008:
10 21 SALARY RANGE Minimum Maximum
10 22 a. Range 2 ........................... $ 48,160 $ 73,700
10 23 b. Range 3 ........................... $ 55,380 $ 84,750
10 24 c. Range 4 ........................... $ 63,690 $ 97,460
10 25 d. Range 5 ........................... $ 73,250 $112,070
10 26 e. Range 6 ........................... $ 84,240 $128,890
10 27 f. Range 7 ........................... $100,840 $154,300
10 28 2. The following are range 2 positions: administrator of
10 29 the arts division of the department of cultural affairs,
10 30 administrators of the division of persons with disabilities,
10 31 the division on the status of women, the division on the
10 32 status of Iowans of Asian and Pacific Islander heritage, the
10 33 division on the status of African=Americans, the division of
10 34 deaf services, and the division of Latino affairs of the
10 35 department of human rights.
11 1 3. The following are range 3 positions: administrator of
11 2 the division of criminal and juvenile justice planning of the
11 3 department of human rights, administrator of the division of
11 4 community action agencies of the department of human rights,
11 5 executive director of the department of veterans affairs, and
11 6 chairperson and members of the employment appeal board of the
11 7 department of inspections and appeals.
11 8 4. The following are range 4 positions: director of the
11 9 department of human rights, director of the Iowa state civil
11 10 rights commission, executive director of the college student
11 11 aid commission, director of the department for the blind,
11 12 executive director of the ethics and campaign disclosure
11 13 board, members of the public employment relations board, and
11 14 chairperson, vice chairperson, and members of the board of
11 15 parole.
11 16 5. The following are range 5 positions: administrator of
11 17 the division of homeland security and emergency management of
11 18 the department of public defense, state public defender, drug
11 19 policy coordinator, labor commissioner, workers' compensation
11 20 commissioner, director of the department of cultural affairs,
11 21 director of the department of elder affairs, director of the
11 22 law enforcement academy, and administrator of the historical
11 23 division of the department of cultural affairs.
11 24 6. The following are range 6 positions: director of the
11 25 office of energy independence, superintendent of banking,
11 26 superintendent of credit unions, administrator of the
11 27 alcoholic beverages division of the department of commerce,
11 28 director of the department of inspections and appeals,
11 29 commandant of the Iowa veterans home, commissioner of public
11 30 safety, commissioner of insurance, executive director of the
11 31 Iowa finance authority, director of the department of natural
11 32 resources, consumer advocate, and chairperson of the utilities
11 33 board. The other members of the utilities board shall receive
11 34 an annual salary within a range of not less than 90 percent
11 35 but not more than 95 percent of the annual salary of the
12 1 chairperson of the utilities board.
12 2 7. The following are range 7 positions: administrator of
12 3 the public broadcasting division of the department of
12 4 education, director of the department of corrections, director
12 5 of the department of education, director of human services,
12 6 director of the department of economic development, executive
12 7 director of the Iowa telecommunications and technology
12 8 commission, executive director of the state board of regents,
12 9 director of transportation, director of the department of
12 10 workforce development, director of revenue, director of public
12 11 health, state court administrator, director of the department
12 12 of management, and director of the department of
12 13 administrative services.
12 14 Sec. 15. COLLECTIVE BARGAINING AGREEMENTS FUNDED ==
12 15 GENERAL FUND. There is appropriated from the general fund of
12 16 the state to the salary adjustment fund for distribution by
12 17 the department of management to the various state departments,
12 18 boards, commissions, councils, and agencies, including the
12 19 state board of regents and the judicial branch, for the fiscal
12 20 year beginning July 1, 2008, and ending June 30, 2009, the
12 21 amount of $88,100,000, or so much thereof as may be necessary,
12 22 to fully fund annual pay adjustments, expense reimbursements,
12 23 and related benefits implemented pursuant to the following:
12 24 1. The collective bargaining agreement negotiated pursuant
12 25 to chapter 20 for employees in the blue collar bargaining
12 26 unit.
12 27 2. The collective bargaining agreement negotiated pursuant
12 28 to chapter 20 for employees in the public safety bargaining
12 29 unit.
12 30 3. The collective bargaining agreement negotiated pursuant
12 31 to chapter 20 for employees in the security bargaining unit.
12 32 4. The collective bargaining agreement negotiated pursuant
12 33 to chapter 20 for employees in the technical bargaining unit.
12 34 5. The collective bargaining agreement negotiated pursuant
12 35 to chapter 20 for employees in the professional fiscal and
13 1 staff bargaining unit.
13 2 6. The collective bargaining agreement negotiated pursuant
13 3 to chapter 20 for employees in the clerical bargaining unit.
13 4 7. The collective bargaining agreement negotiated pursuant
13 5 to chapter 20 for employees in the professional social
13 6 services bargaining unit.
13 7 8. The collective bargaining agreement negotiated pursuant
13 8 to chapter 20 for employees in the community=based corrections
13 9 bargaining unit.
13 10 9. The collective bargaining agreements negotiated
13 11 pursuant to chapter 20 for employees in the judicial branch of
13 12 government bargaining units.
13 13 10. The collective bargaining agreement negotiated
13 14 pursuant to chapter 20 for employees in the patient care
13 15 bargaining unit.
13 16 11. The collective bargaining agreement negotiated
13 17 pursuant to chapter 20 for employees in the science bargaining
13 18 unit.
13 19 12. The collective bargaining agreement negotiated
13 20 pursuant to chapter 20 for employees in the university of
13 21 northern Iowa faculty bargaining unit.
13 22 13. The collective bargaining agreement negotiated
13 23 pursuant to chapter 20 for employees in the state university
13 24 of Iowa graduate student bargaining unit.
13 25 14. The collective bargaining agreement negotiated
13 26 pursuant to chapter 20 for employees in the state university
13 27 of Iowa hospital and clinics tertiary health care bargaining
13 28 unit.
13 29 15. The annual pay adjustments, related benefits, and
13 30 expense reimbursements referred to in the sections of this
13 31 division of this Act addressing noncontract state and board of
13 32 regents employees who are not covered by a collective
13 33 bargaining agreement.
13 34 Of the amount appropriated in this section, $7,647,352
13 35 shall be allocated to the judicial branch for the purposes of
14 1 funding annual pay adjustments, expense reimbursements, and
14 2 related benefits implemented for judicial branch employees.
14 3 Sec. 16. NONCONTRACT STATE EMPLOYEES == GENERAL.
14 4 1. a. For the fiscal year beginning July 1, 2008, the
14 5 maximum and minimum salary levels of all pay plans provided
14 6 for in section 8A.413, subsection 2, as they exist for the
14 7 fiscal year ending June 30, 2008, shall be increased by 3
14 8 percent for the pay period beginning June 27, 2008, and any
14 9 additional changes in the pay plans shall be approved by the
14 10 governor.
14 11 b. For the fiscal year beginning July 1, 2008, employees
14 12 may receive a step increase or the equivalent of a step
14 13 increase.
14 14 c. Notwithstanding the increase in paragraph "a",
14 15 noncontract judicial branch employees shall receive increases
14 16 similar to those employees covered by collective bargaining
14 17 agreements negotiated by the judicial branch.
14 18 2. The pay plans for state employees who are exempt from
14 19 chapter 8A, subchapter IV, and who are included in the
14 20 department of administrative service's centralized payroll
14 21 system shall be increased in the same manner as provided in
14 22 subsection 1, and any additional changes in any executive
14 23 branch pay plans shall be approved by the governor.
14 24 3. This section does not apply to members of the general
14 25 assembly, board members, commission members, salaries of
14 26 persons set by the general assembly pursuant to this division
14 27 of this Act or set by the governor, or other persons
14 28 designated in the section of this division of this Act
14 29 addressing appointed state officers, employees designated
14 30 under section 8A.412, subsection 5, and employees covered by
14 31 11 IAC 53.6(3).
14 32 4. The pay plans for the bargaining eligible employees of
14 33 the state shall be increased in the same manner as provided in
14 34 subsection 1, and any additional changes in such executive
14 35 branch pay plans shall be approved by the governor. As used
15 1 in this section, "bargaining eligible employee" means an
15 2 employee who is eligible to organize under chapter 20, but has
15 3 not done so.
15 4 5. The policies for implementation of this section shall
15 5 be approved by the governor.
15 6 Sec. 17. STATE EMPLOYEES == STATE BOARD OF REGENTS. Funds
15 7 from the appropriation made from the general fund of the state
15 8 in the section of this division of this Act providing for
15 9 funding of collective bargaining agreements shall be allocated
15 10 to the state board of regents for the purposes of providing
15 11 increases for state board of regents employees covered by such
15 12 section of this division of this Act and for state board of
15 13 regents employees not covered by a collective bargaining
15 14 agreement as follows:
15 15 1. For regents merit system employees and merit
15 16 supervisory employees to fund for the fiscal year increases
15 17 comparable to those provided for similar contract=covered
15 18 employees in this division of this Act.
15 19 2. For faculty members and professional and scientific
15 20 employees to fund for the fiscal year percentage increases
15 21 comparable to those provided for contract=covered employees in
15 22 the university of northern Iowa faculty bargaining unit.
15 23 Sec. 18. APPROPRIATIONS FROM ROAD FUNDS.
15 24 1. There is appropriated from the road use tax fund to the
15 25 salary adjustment fund for the fiscal year beginning July 1,
15 26 2008, and ending June 30, 2009, the following amount, or so
15 27 much thereof as may be necessary, to be used for the purpose
15 28 designated:
15 29 To supplement other funds appropriated by the general
15 30 assembly:
15 31 .................................................. $ 1,485,911
15 32 2. There is appropriated from the primary road fund to the
15 33 salary adjustment fund, for the fiscal year beginning July 1,
15 34 2008, and ending June 30, 2009, the following amount, or so
15 35 much thereof as may be necessary, to be used for the purpose
16 1 designated:
16 2 To supplement other funds appropriated by the general
16 3 assembly:
16 4 .................................................. $ 8,335,688
16 5 3. Except as otherwise provided in this division of this
16 6 Act, the amounts appropriated in subsections 1 and 2 shall be
16 7 used to fund the annual pay adjustments, expense
16 8 reimbursements, and related benefits for public employees as
16 9 provided in this division of this Act.
16 10 Sec. 19. SPECIAL FUNDS == AUTHORIZATION. To departmental
16 11 revolving, trust, or special funds, except for the primary
16 12 road fund or the road use tax fund, for which the general
16 13 assembly has established an operating budget, a supplemental
16 14 expenditure authorization is provided, unless otherwise
16 15 provided, in an amount necessary to fund salary adjustments as
16 16 otherwise provided in this division of this Act.
16 17 Sec. 20. GENERAL FUND SALARY MONEYS. Funds appropriated
16 18 from the general fund of the state for distribution from the
16 19 salary adjustment fund in the section of this division of this
16 20 Act providing for funding of collective bargaining agreements
16 21 relate only to salaries supported from general fund
16 22 appropriations of the state. Funds appropriated from the
16 23 general fund of the state for employees of the state board of
16 24 regents relate only to salaries supported by tuition or from
16 25 general fund appropriations of the state and shall exclude
16 26 general university indirect costs and general university
16 27 federal funds.
16 28 Sec. 21. FEDERAL FUNDS APPROPRIATED. All federal grants
16 29 to and the federal receipts of the agencies affected by this
16 30 division of Act which are received and may be expended for
16 31 purposes of this division of this Act are appropriated for
16 32 those purposes and as set forth in the federal grants or
16 33 receipts.
16 34 Sec. 22. STATE TROOPER MEAL ALLOWANCE. The sworn peace
16 35 officers in the department of public safety who are not
17 1 covered by a collective bargaining agreement negotiated
17 2 pursuant to chapter 20 shall receive the same per diem meal
17 3 allowance as the sworn peace officers in the department of
17 4 public safety who are covered by a collective bargaining
17 5 agreement negotiated pursuant to chapter 20.
17 6 Sec. 23. SALARY MODEL ADMINISTRATOR. The salary model
17 7 administrator shall work in conjunction with the legislative
17 8 services agency to maintain the state's salary model used for
17 9 analyzing, comparing, and projecting state employee salary and
17 10 benefit information, including information relating to
17 11 employees of the state board of regents. The department of
17 12 revenue, the department of administrative services, the five
17 13 institutions under the jurisdiction of the state board of
17 14 regents, the judicial district departments of correctional
17 15 services, and the state department of transportation shall
17 16 provide salary data to the department of management and the
17 17 legislative services agency to operate the state's salary
17 18 model. The format and frequency of provision of the salary
17 19 data shall be determined by the department of management and
17 20 the legislative services agency. The information shall be
17 21 used in collective bargaining processes under chapter 20 and
17 22 in calculating the funding needs contained within the annual
17 23 salary adjustment legislation. A state employee organization
17 24 as defined in section 20.3, subsection 4, may request
17 25 information produced by the model, but the information
17 26 provided shall not contain information attributable to
17 27 individual employees.
17 28 Sec. 24. Section 173.10, Code 2007, is amended to read as
17 29 follows:
17 30 173.10 SALARY OF SECRETARY.
17 31 The secretary shall receive the salary fixed by the board.
17 32 The compensation and employment terms of the secretary shall
17 33 be set by the Iowa state fair board with the approval of the
17 34 governor, taking into consideration the level of knowledge and
17 35 experience of the secretary.
18 1 DIVISION IV
18 2 MISCELLANEOUS STATUTORY CHANGES == APPROPRIATIONS
18 3 Sec. 25. Section 8.7, Code 2007, is amended to read as
18 4 follows:
18 5 8.7 REPORTING OF GIFTS AND BEQUESTS RECEIVED.
18 6 All gifts, and bequests, and grants received by a
18 7 department or accepted by the governor on behalf of the state
18 8 shall be reported to the Iowa ethics and campaign disclosure
18 9 board and the government oversight committees. The ethics and
18 10 campaign disclosure board shall, by January 31 of each year,
18 11 submit to the fiscal services division of the legislative
18 12 services agency a written report listing all gifts, and
18 13 bequests, and grants received during the previous calendar
18 14 year with a value over one thousand dollars and the purpose
18 15 for each such gift, or bequest, or grant. The submission
18 16 shall also include a listing of all gifts, and bequests, and
18 17 grants received by a department from a person if the
18 18 cumulative value of all gifts, and bequests, and grants
18 19 received by the department from the person during the previous
18 20 calendar year exceeds one thousand dollars, and the ethics and
18 21 campaign disclosure board shall include, if available, the
18 22 purpose for each such gift, or bequest, or grant. However,
18 23 the reports on gifts, grants, or bequests filed by the state
18 24 board of regents pursuant to section 8.44 shall be deemed
18 25 sufficient to comply with the requirements of this section.
18 26 Sec. 26. Section 8.9, Code 2007, is amended to read as
18 27 follows:
18 28 8.9 GRANTS ENTERPRISE MANAGEMENT OFFICE.
18 29 1. The office of grants enterprise management is
18 30 established in the department of management. The function of
18 31 the office is to develop and administer a system to track,
18 32 identify, advocate for, and coordinate nonstate grants as
18 33 defined in section 8.2, subsections 1 and 3. Staffing for the
18 34 office of grants enterprise management shall be provided by a
18 35 facilitator appointed by the director of the department of
19 1 management. Additional staff may be hired, subject to the
19 2 availability of funding. Funding for the office is from the
19 3 appropriation to the department pursuant to section 8A.505,
19 4 subsection 2.
19 5 2. a. All grant applications submitted and grant moneys
19 6 received by a department on behalf of the state shall be
19 7 reported to the office of grants enterprise management. The
19 8 office shall by January 31 of each year submit to the fiscal
19 9 services division of the legislative services agency a written
19 10 report listing all grants received during the previous
19 11 calendar year with a value over one thousand dollars and the
19 12 funding entity and purpose for each grant. However, the
19 13 reports on grants filed by the state board of regents pursuant
19 14 to section 8.44 shall be deemed sufficient to comply with the
19 15 requirements of this subsection.
19 16 b. The office of grants enterprise management shall submit
19 17 by July 1 and January 1 of each year to the government
19 18 oversight committees a written report summarizing departmental
19 19 compliance with the requirements of this subsection.
19 20 Sec. 27. Section 12C.16, subsection 1, paragraph b,
19 21 subparagraph (4), Code Supplement 2007, is amended to read as
19 22 follows:
19 23 (4) To the extent of the guarantee, loans, obligations, or
19 24 nontransferable letters of credit upon which the payment of
19 25 principal and interest is fully secured or guaranteed by the
19 26 United States of America or an agency or instrumentality of
19 27 the United States of America or the United States central
19 28 credit union, a corporate central credit union organized under
19 29 section 533.213, or a corporate credit union organized under
19 30 12 C.F.R. } 704 whose activities are subject to regulation by
19 31 the national credit union administration, and the rating of
19 32 any one of such credit unions remains within the two highest
19 33 classifications of prime established by at least one of the
19 34 standard rating services approved by the superintendent of
19 35 banking by rule pursuant to chapter 17A. The treasurer of
20 1 state shall adopt rules pursuant to chapter 17A to implement
20 2 this section.
20 3 Sec. 28. Section 12C.17, subsection 1, paragraph c, Code
20 4 Supplement 2007, is amended to read as follows:
20 5 c. The securities shall be deposited with the federal
20 6 reserve bank, the federal home loan bank of Des Moines, Iowa,
20 7 or the United States central credit union, a corporate central
20 8 credit union organized under section 533.213, or a corporate
20 9 credit union organized under 12 C.F.R. } 704 whose activities
20 10 are subject to regulation by the national credit union
20 11 administration pursuant to a bailment agreement or a pledge
20 12 custody agreement.
20 13 Sec. 29. Section 12C.17, subsection 4, Code Supplement
20 14 2007, is amended to read as follows:
20 15 4. Upon written request from the appropriate public
20 16 officer but not less than monthly, the federal reserve bank,
20 17 the federal home loan bank of Des Moines, Iowa, the United
20 18 States central credit union, a corporate central credit union
20 19 organized under section 533.213, or a corporate credit union
20 20 organized under 12 C.F.R. } 704 whose activities are subject
20 21 to regulation by the national credit union administration
20 22 shall report a description, the par value, and the market
20 23 value of any pledged collateral by a credit union.
20 24 Sec. 30. NEW SECTION. 15.368 WORLD FOOD PRIZE AWARD AND
20 25 SUPPORT.
20 26 1. Commencing with the fiscal year beginning July 1, 2009,
20 27 there is annually appropriated from the general fund of the
20 28 state to the department one million dollars for the support of
20 29 the world food prize award.
20 30 2. The Iowa state capitol is designated as the primary
20 31 location for the annual ceremony to award the world food
20 32 prize.
20 33 Sec. 31. Section 15F.204, subsection 5, unnumbered
20 34 paragraph 1, Code 2007, is amended to read as follows:
20 35 At the beginning of each fiscal year, the board shall
21 1 allocate one hundred thousand dollars for purposes of
21 2 marketing those projects that are receiving moneys from the
21 3 fund. After the marketing allocation, the board shall
21 4 allocate all remaining moneys in the fund in the following
21 5 manner:
21 6 Sec. 32. Section 16.92, subsection 5, paragraph c, Code
21 7 Supplement 2007, is amended to read as follows:
21 8 c. In addition to any other remedy provided by law, if the
21 9 division through an act of negligence wrongfully or
21 10 erroneously records a certificate of release under this
21 11 section, the division is liable to the mortgagee and mortgage
21 12 servicer for actual damages sustained due to the recording of
21 13 the certificate of release.
21 14 Sec. 33. Section 21.5, subsection 1, Code Supplement 2007,
21 15 is amended by adding the following new paragraph:
21 16 NEW PARAGRAPH. l. To discuss patient care quality and
21 17 process improvement initiatives in a meeting of a public
21 18 hospital or to discuss marketing and pricing strategies or
21 19 similar proprietary information in a meeting of a public
21 20 hospital, where public disclosure of such information would
21 21 harm such a hospital's competitive position when no public
21 22 purpose would be served by public disclosure. The minutes and
21 23 the audio recording of a closed session under this paragraph
21 24 shall be available for public inspection when the public
21 25 disclosure would no longer harm the hospital's competitive
21 26 position. For purposes of this paragraph, "public hospital"
21 27 means the same as defined in section 249J.3. This paragraph
21 28 does not apply to the information required to be disclosed
21 29 pursuant to section 347.13, subsection 14, or to any
21 30 discussions relating to terms or conditions of employment,
21 31 including but not limited to compensation of an officer or
21 32 employee or group of officers or employees.
21 33 Sec. 34. Section 22.7, Code Supplement 2007, is amended by
21 34 adding the following new subsection:
21 35 NEW SUBSECTION. 60. CLOSED SESSION RECORDS. Information
22 1 in a record that would permit a governmental body subject to
22 2 chapter 21 to hold a closed session pursuant to section 21.5
22 3 in order to avoid public disclosure of that information, until
22 4 such time as final action is taken on the subject matter of
22 5 that information. Any portion of such a record not subject to
22 6 this subsection, or not otherwise confidential, shall be made
22 7 available to the public. After the governmental body has
22 8 taken final action on the subject matter pertaining to the
22 9 information in that record, this subsection shall no longer
22 10 apply. This subsection shall not apply more than ninety days
22 11 after a record is known to exist by the governmental body,
22 12 unless it is not possible for the governmental body to take
22 13 final action within ninety days. The burden shall be on the
22 14 governmental body to prove that final action was not possible
22 15 within the ninety=day period.
22 16 Sec. 35. Section 35A.8, subsection 5, paragraph a, Code
22 17 Supplement 2007, is amended to read as follows:
22 18 a. The executive director shall provide for the
22 19 administration of the bonus authorized in this subsection.
22 20 The commission department shall adopt rules, pursuant to
22 21 chapter 17A, as necessary to administer this subsection
22 22 including but not limited to application procedures,
22 23 investigation, approval or disapproval, and payment of claims.
22 24 Sec. 36. Section 35A.8, subsection 5, paragraph b,
22 25 subparagraph (1), Code Supplement 2007, is amended to read as
22 26 follows:
22 27 (1) A person who served on active duty for not less than
22 28 one hundred twenty days in the armed forces of the United
22 29 States, and who served on active duty at any time between July
22 30 1, 1973, and May 31, 1975, both dates inclusive, and who at
22 31 the time of entering into active duty service was a legal
22 32 resident of the state of Iowa, and who had maintained the
22 33 person's residence in this state for a period of at least six
22 34 months immediately before entering into active duty service,
22 35 and was honorably discharged or separated from active duty
23 1 service, or is still in active service in an honorable status,
23 2 or has been retired, or has been furloughed to a reserve, or
23 3 has been placed on inactive status is entitled to receive from
23 4 moneys appropriated for that purpose the sum of seventeen
23 5 dollars and fifty cents for each month that the person was on
23 6 active duty service in the Vietnam service area, within the
23 7 dates specified in this subparagraph, if the veteran earned
23 8 either a Vietnam service medal or an armed forces
23 9 expeditionary medal=Vietnam or can otherwise establish service
23 10 in the Vietnam service area during that period. Compensation
23 11 under this subparagraph shall not exceed a total sum of five
23 12 hundred dollars. Compensation for a fraction of a month shall
23 13 not be considered unless the fraction is sixteen days or more,
23 14 in which case the fraction shall be computed as a full month.
23 15 Sec. 37. NEW SECTION. 68A.401A REPORTING OF
23 16 CONTRIBUTIONS AND EXPENDITURES RELATING TO ISSUE ADVOCACY.
23 17 1. A political organization that is required to file
23 18 reports with the internal revenue service, pursuant to 26
23 19 U.S.C. } 527, shall file a report with the board if that
23 20 organization does both of the following:
23 21 a. Creates or disseminates a communication of issue
23 22 advocacy in this state.
23 23 b. Receives or expects to receive twenty=five thousand
23 24 dollars or more in gross receipts in any taxable year.
23 25 2. A report required under this section shall contain the
23 26 following information:
23 27 a. The amount, date, and purpose of each expenditure made
23 28 to a person if the aggregate amount of expenditures to such
23 29 person during the calendar year equals or exceeds five hundred
23 30 dollars and the name and address of the person, and, in the
23 31 case of an individual, the occupation and name of employer of
23 32 the individual.
23 33 b. The name and address, and, in the case of an
23 34 individual, the occupation and name of employer of such
23 35 individual, of all contributors which contributed an aggregate
24 1 amount of two hundred dollars or more to the organization
24 2 during the calendar year and the amount and date of the
24 3 contribution.
24 4 3. The board shall by rule establish a procedure for the
24 5 filing of reports required by this section. To the extent
24 6 practicable the reporting periods and filing due dates shall
24 7 be the same as set out in 26 U.S.C. } 527(j)(2).
24 8 4. The term "issue advocacy" means any print, radio,
24 9 televised, telephonic, or electronic communication in any form
24 10 or content, which is disseminated to the general public or a
24 11 segment of the general public, that refers to a clearly
24 12 identified candidate for the general assembly or statewide
24 13 office.
24 14 5. The penalty set out in section 68A.701 does not apply
24 15 to a violation of this section. The penalties for a violation
24 16 of this section are as set out in section 68B.32D.
24 17 Sec. 38. Section 68B.2A, Code 2007, is amended by adding
24 18 the following new subsection:
24 19 NEW SUBSECTION. 4. The board shall adopt rules pursuant
24 20 to chapter 17A further delineating particular situations where
24 21 outside employment or activity of officials and state
24 22 employees of the executive branch will be deemed to create an
24 23 unacceptable conflict of interest.
24 24 Sec. 39. Section 68B.5A, subsections 2 and 5, Code 2007,
24 25 are amended to read as follows:
24 26 2. The head of a major subunit of a department or
24 27 independent state agency whose position involves substantial
24 28 exercise of administrative discretion or the expenditure of
24 29 public funds, a full=time employee of an office of a statewide
24 30 elected official whose position involves substantial exercise
24 31 of administrative discretion or the expenditure of public
24 32 funds, or a legislative employee whose position involves a
24 33 substantial exercise of administrative discretion or the
24 34 expenditure of public funds, shall not, during the time in
24 35 which the person serves or is employed by the state, act as a
25 1 lobbyist before the agency in which the person is employed or
25 2 before state agencies, officials, or employees with whom the
25 3 person has substantial or regular contact as part of the
25 4 person's duties, unless the person is designated, by the
25 5 agency in which the person serves or is employed, to represent
25 6 the official position of the agency.
25 7 5. The head of a major subunit of a department or
25 8 independent state agency whose position involves substantial
25 9 exercise of administrative discretion or the expenditure of
25 10 public funds, a full=time employee of an office of a statewide
25 11 elected official whose position involves substantial exercise
25 12 of administrative discretion or the expenditure of public
25 13 funds, or a legislative employee whose position involves a
25 14 substantial exercise of administrative discretion or the
25 15 expenditure of public funds, shall not, within two years after
25 16 termination of employment, become a lobbyist before the agency
25 17 in which the person was employed or before state agencies or
25 18 officials or employees with whom the person had substantial
25 19 and regular contact as part of the person's former duties.
25 20 Sec. 40. Section 68B.22, subsection 4, Code Supplement
25 21 2007, is amended by adding the following new paragraph:
25 22 NEW PARAGRAPH. hh. Food and beverages provided at a meal
25 23 that is part of a bona fide event or program at which the
25 24 recipient is being honored for public service.
25 25 Sec. 41. Section 68B.32, subsection 1, Code 2007, is
25 26 amended to read as follows:
25 27 1. An Iowa ethics and campaign disclosure board is
25 28 established as an independent agency. The board shall
25 29 administer this chapter and set standards for, investigate
25 30 complaints relating to, and monitor the ethics of officials,
25 31 employees, lobbyists, and candidates for office in the
25 32 executive branch of state government. The board shall
25 33 administer and set standards for, investigate complaints
25 34 relating to, and monitor the campaign finance practices of
25 35 candidates for public office. The board shall administer and
26 1 establish standards for, investigate complaints relating to,
26 2 and monitor the reporting of gifts, and bequests, and grants
26 3 under section 8.7. The board shall consist of six members and
26 4 shall be balanced as to political affiliation as provided in
26 5 section 69.16. The members shall be appointed by the
26 6 governor, subject to confirmation by the senate.
26 7 Sec. 42. Section 68B.32A, subsection 4, Code Supplement
26 8 2007, is amended to read as follows:
26 9 4. Receive and file registration and reports from
26 10 lobbyists of the executive branch of state government, client
26 11 disclosure from clients of lobbyists of the executive branch
26 12 of state government, personal financial disclosure information
26 13 from officials and employees in the executive branch of state
26 14 government who are required to file personal financial
26 15 disclosure information under this chapter, and gift, and
26 16 bequest, and grant disclosure information pursuant to section
26 17 8.7. The board, upon its own motion, may initiate action and
26 18 conduct a hearing relating to reporting requirements under
26 19 this chapter or section 8.7.
26 20 Sec. 43. Section 84A.5, subsection 1, paragraph a, Code
26 21 Supplement 2007, is amended to read as follows:
26 22 a. The workforce development system shall strive to
26 23 provide high quality services to its customers including
26 24 workers, families, and businesses. The department of
26 25 workforce development shall maintain a common intake,
26 26 assessment, and customer tracking system and to the extent
26 27 practical provide one=stop services to customers at workforce
26 28 development centers and other service access points. The
26 29 department of workforce development shall administer a
26 30 statewide standard skills assessment to assess the
26 31 employability skills of adult workers statewide and shall
26 32 instruct appropriate department staff in the administration of
26 33 the assessment. The assessment shall be included in the
26 34 one=stop services provided to customers at workforce
26 35 development centers and other service access points throughout
27 1 the state.
27 2 Sec. 44. Section 97A.10, Code 2007, is amended to read as
27 3 follows:
27 4 97A.10 PURCHASE OF ELIGIBLE SERVICE CREDIT.
27 5 1. For purposes of this section:
27 6 a. "Eligible qualified service" means as follows:
27 7 (1) Service with the department prior to July 1, 1994, in
27 8 a position as a gaming enforcement officer, fire prevention
27 9 inspector peace officer, or as an employee of the division of
27 10 capitol police except clerical workers.
27 11 (2) Service service as a member of a city fire retirement
27 12 system or police retirement system operating under chapter 411
27 13 prior to January 1, 1992, for which service was not eligible
27 14 to be transferred to this system pursuant to section 97A.17.
27 15 Eligible qualified service under this paragraph "a" does
27 16 not include service if the receipt of credit for such service
27 17 would result in the member receiving a retirement benefit
27 18 under more than one retirement plan for the same period of
27 19 service.
27 20 b. "Permissive service credit" means credit that will be
27 21 recognized by the retirement system for purposes of
27 22 calculating a member's benefit, for which the member did not
27 23 previously receive service credit in the retirement system,
27 24 and for which the member voluntarily contributes to the
27 25 retirement system the amount required by the retirement
27 26 system, not in excess of the amount necessary to fund the
27 27 benefit attributable to such service.
27 28 2. An active member of the system may make contributions
27 29 to the system to purchase up to the maximum amount of
27 30 permissive service credit for eligible qualified service as
27 31 determined by the system, pursuant to Internal Revenue Code
27 32 section 415(n) and the requirements of this section. A member
27 33 seeking to purchase permissive service credit pursuant to this
27 34 section shall file a written application along with
27 35 appropriate documentation with the department by July 1, 2007
28 1 2009.
28 2 3. A member making contributions for a purchase of
28 3 permissive service credit for eligible qualified service under
28 4 this section shall make contributions in an amount equal to
28 5 the actuarial cost of the permissive service credit purchase,
28 6 less an amount equal to the member's contributions under
28 7 chapter 411 for the period of eligible qualified service
28 8 together with interest at a rate determined by the board of
28 9 trustees. For purposes of this subsection, the actuarial cost
28 10 of the permissive service credit purchase is an amount
28 11 determined by the system in accordance with actuarial tables,
28 12 as reported to the system by the system's actuary, which
28 13 reflects the actuarial cost necessary to fund an increased
28 14 retirement allowance resulting from the purchase of permissive
28 15 service credit.
28 16 Sec. 45. Section 103.6, Code Supplement 2007, is amended
28 17 by adding the following new subsection:
28 18 NEW SUBSECTION. 5. Adopt rules to create a special master
28 19 license class or subclass and special journeyman license class
28 20 or subclass for individuals who were licensed by a political
28 21 subdivision prior to January 1, 2008, pursuant to a supervised
28 22 written examination that has not been approved by the board
28 23 pursuant to section 103.10, subsection 4, or section 103.12,
28 24 subsection 4. A person licensed pursuant to this subsection
28 25 shall have the same authority as a person holding a
28 26 corresponding class A master license or class A journeyman
28 27 license. However, the board shall not be required to include
28 28 persons licensed under this subsection in any agreement
28 29 entered into pursuant to the authority granted under section
28 30 103.21.
28 31 Sec. 46. Section 103.22, Code Supplement 2007, is amended
28 32 by adding the following new subsection:
28 33 NEW SUBSECTION. 2A. Require firms or individuals working
28 34 under contract to municipal utilities, electric membership or
28 35 cooperative associations, or investor=owned utilities to hold
29 1 licenses while performing work for utilities which is within
29 2 the scope of the public service obligations of a utility.
29 3 Sec. 47. Section 135.63, subsection 2, paragraph l, Code
29 4 2007, is amended to read as follows:
29 5 l. The replacement or modernization of any institutional
29 6 health facility if the replacement or modernization does not
29 7 add new health services or additional bed capacity for
29 8 existing health services, notwithstanding any provision in
29 9 this division to the contrary. With reference to a hospital,
29 10 "replacement" means establishing a new hospital that
29 11 demonstrates compliance with all of the following criteria
29 12 through evidence submitted to the department:
29 13 (1) Is designated as a critical access hospital pursuant
29 14 to 42 U.S.C. } 1395i=4.
29 15 (2) Serves at least seventy=five percent of the same
29 16 service area that was served by the prior hospital to be
29 17 closed and replaced by the new hospital.
29 18 (3) Provides at least seventy=five percent of the same
29 19 services that were provided by the prior hospital to be closed
29 20 and replaced by the new hospital.
29 21 (4) Is staffed by at least seventy=five percent of the
29 22 same staff, including medical staff, contracted staff, and
29 23 employees, as constituted the staff of the prior hospital to
29 24 be closed and replaced by the new hospital.
29 25 Sec. 48. Section 135B.5, Code 2007, is amended to read as
29 26 follows:
29 27 135B.5 ISSUANCE AND RENEWAL OF LICENSE.
29 28 1. Upon receipt of an application for license and the
29 29 license fee, the department shall issue a license if the
29 30 applicant and hospital facilities comply with this chapter and
29 31 the rules of the department. Each licensee shall receive
29 32 annual reapproval upon payment of ten five hundred dollars and
29 33 upon filing of an application form which is available from the
29 34 department. The annual licensure fee shall be dedicated to
29 35 support and provide educational programs on regulatory issues
30 1 for hospitals licensed under this chapter in consultation with
30 2 the hospital licensing board. Licenses shall be either
30 3 general or restricted in form. Each license shall be issued
30 4 only for the premises and persons or governmental units named
30 5 in the application and is not transferable or assignable
30 6 except with the written approval of the department. Licenses
30 7 shall be posted in a conspicuous place on the licensed
30 8 premises as prescribed by rule of the department.
30 9 2. Provided, however, that the The provisions of this
30 10 section shall not in any way affect, change, deny or nullify
30 11 any rights set forth in, or arising from the provisions of
30 12 this chapter and particularly section 135B.7, arising before
30 13 or after December 31, 1960.
30 14 Sec. 49. Section 135B.10, Code 2007, is amended to read as
30 15 follows:
30 16 135B.10 HOSPITAL LICENSING BOARD.
30 17 The governor shall appoint five six individuals who possess
30 18 recognized ability in the field of hospital administration, to
30 19 serve as the hospital licensing board within the department.
30 20 Five members shall possess recognized ability in the field of
30 21 hospital administration and one member shall be a member of
30 22 the general public.
30 23 Sec. 50. Section 135C.40, subsection 1, Code 2007, is
30 24 amended to read as follows:
30 25 1. If the director determines, based on the findings of an
30 26 inspection or investigation of a health care facility, that
30 27 the facility is in violation of this chapter, or rules adopted
30 28 under this chapter, or the federal certification guidelines,
30 29 the director within five ten working days after making the
30 30 determination completion of an on=site survey, may shall issue
30 31 a written citation all statements of deficiencies, including
30 32 any state citations issued to the facility under rules adopted
30 33 by the department. The citation shall be served upon the
30 34 facility personally or, by electronic mail, or by certified
30 35 mail, except that a citation for a Class III violation may be
31 1 sent by ordinary mail. Each citation shall specifically
31 2 describe the nature of the violation, identifying the Code
31 3 section or subsection or the rule or standard violated, and
31 4 the classification of the violation under section 135C.36.
31 5 Where appropriate, the citation shall also state the period of
31 6 time allowed for correction of the violation, which shall in
31 7 each case be the shortest period of time the department deems
31 8 feasible. Failure to correct a violation within the time
31 9 specified, unless the licensee shows that the failure was due
31 10 to circumstances beyond the licensee's control, shall subject
31 11 the facility to a further penalty of fifty dollars for each
31 12 day that the violation continues after the time specified for
31 13 correction.
31 14 a. If a facility licensed under this chapter submits a
31 15 plan of correction relating to a statement of deficiencies or
31 16 a response to a citation issued under rules adopted by the
31 17 department and the department elects to conduct an on=site
31 18 revisit survey, the department shall commence the revisit
31 19 survey within ten business days of the date that the plan of
31 20 correction is received, or the date specified within the plan
31 21 of correction alleging compliance, whichever is later.
31 22 b. If the department recommends the issuance of federal
31 23 remedies pursuant to 42 C.F.R. } 488.406 (a)(2) or (a)(3),
31 24 relating to a survey conducted by the department, the
31 25 department shall issue the statement of deficiencies within
31 26 twenty=four hours of the date that the centers for Medicare
31 27 and Medicaid services of the United States department of
31 28 health and human services was notified of the recommendation
31 29 for the imposition of remedies.
31 30 Sec. 51. Section 175.2, subsection 1, paragraph m, Code
31 31 2007, is amended to read as follows:
31 32 m. (1) "Low or moderate net worth" means a person's
31 33 aggregate net worth calculated as a designated amount
31 34 established pursuant to rules adopted by the authority and
31 35 effective for one year. The designated amount shall be
32 1 established by January 1 of each year by adjusting the
32 2 designated amount effective on the previous December 31. The
32 3 authority shall establish the designated amount in accordance
32 4 with the prices paid by farmers index as compiled by the
32 5 United States department of agriculture.
32 6 (2) "Low or moderate net worth" as applied to the
32 7 following persons means:
32 8 (1) (a) For an individual, an aggregate net worth of the
32 9 individual and the individual's spouse and minor children of
32 10 less than three hundred thousand dollars the designated
32 11 amount.
32 12 (2) (b) For a partnership, an aggregate net worth of all
32 13 partners, including each partner's net capital in the
32 14 partnership, and each partner's spouse and minor children of
32 15 less than six hundred thousand dollars twice the designated
32 16 amount. However, the aggregate net worth of each partner and
32 17 that partner's spouse and minor children shall not exceed
32 18 three hundred thousand dollars the designated amount.
32 19 (3) (c) For a family farm corporation, an aggregate net
32 20 worth of all shareholders, including the value of each
32 21 shareholder's share in the family farm corporation, and each
32 22 shareholder's spouse and minor children of less than six
32 23 hundred thousand dollars twice the designated amount.
32 24 However, the aggregate net worth of each shareholder and that
32 25 shareholder's spouse and minor children shall not exceed three
32 26 hundred thousand dollars the designated amount.
32 27 (4) (d) For a family farm limited liability company, an
32 28 aggregate net worth of all members, including each member's
32 29 ownership interest in the family farm limited liability
32 30 company, and each member's spouse and minor children of less
32 31 than six hundred thousand dollars twice the designated amount.
32 32 However, the aggregate net worth of each member and that
32 33 member's spouse and minor children shall not exceed three
32 34 hundred thousand dollars the designated amount.
32 35 Sec. 52. Section 216A.162, subsection 2, if enacted by
33 1 2008 Iowa Acts, Senate File 2400, is amended to read as
33 2 follows:
33 3 2. The purpose of the commission shall be to work in
33 4 concert with tribal governments, Native American groups, and
33 5 Native American persons Americans in this state to advance the
33 6 interests of tribal governments and Native American persons
33 7 Americans in the areas of human rights, access to justice,
33 8 economic equality, and the elimination of discrimination.
33 9 Sec. 53. Section 216A.162, subsection 3, paragraph a, if
33 10 enacted by 2008 Iowa Acts, Senate File 2400, is amended to
33 11 read as follows:
33 12 a. Seven public members appointed in compliance with
33 13 sections 69.16 and 69.16A who shall be appointed with
33 14 consideration given to the geographic residence of the member
33 15 and the population density of Native Americans within the
33 16 vicinity of the geographic residence of a member. Of the
33 17 seven public members appointed, at least one shall be a Native
33 18 American who is an enrolled tribal member living on a tribal
33 19 settlement or reservation in Iowa and whose tribal government
33 20 is located in Iowa and one shall be a Native American who is
33 21 primarily descended from a tribe other than those specified in
33 22 paragraph "b".
33 23 Sec. 54. Section 216A.165, if enacted by 2008 Iowa Acts,
33 24 Senate File 2400, is amended to read as follows:
33 25 216A.165 DUTIES.
33 26 The commission shall have all powers necessary to carry out
33 27 the functions and duties specified in this subchapter and
33 28 shall do all of the following:
33 29 1. Advise the governor and the general assembly on issues
33 30 confronting tribal governments and Native American persons
33 31 Americans in this state.
33 32 2. Promote legislation beneficial to tribal governments
33 33 and Native American persons Americans in this state.
33 34 3. Recommend to the governor and the general assembly any
33 35 revisions in the state's affirmative action program and other
34 1 steps necessary to eliminate discrimination against and the
34 2 underutilization of Native American persons Americans in the
34 3 state's workforce.
34 4 4. Serve as a conduit to state government for Native
34 5 American persons Americans in this state.
34 6 5. Serve as an advocate for Native American persons
34 7 Americans and a referral agency to assist Native American
34 8 persons Americans in securing access to justice and state
34 9 agencies and programs.
34 10 6. Serve as a liaison with federal, state, and local
34 11 governmental units, and private organizations on matters
34 12 relating to Native American persons Americans in this state.
34 13 7. Conduct studies, make recommendations, and implement
34 14 programs designed to solve the problems of Native American
34 15 persons Americans in this state in the areas of human rights,
34 16 housing, education, welfare, employment, health care, access
34 17 to justice, and any other related problems.
34 18 8. Publicize the accomplishments of Native American
34 19 persons Americans and their contributions to this state.
34 20 9. Work with other state, tribal, and federal agencies and
34 21 organizations to develop small business opportunities and
34 22 promote economic development for Native American persons
34 23 Americans.
34 24 Sec. 55. Section 216A.166, if enacted by 2008 Iowa Acts,
34 25 Senate File 2400, is amended to read as follows:
34 26 216A.166 REVIEW OF GRANT APPLICATIONS AND BUDGET REQUESTS.
34 27 Before the submission of an application, a state department
34 28 or agency shall consult with the commission concerning an
34 29 application for federal funding that will have its primary
34 30 effect on tribal governments or Native American persons
34 31 Americans. The commission shall advise the governor, the
34 32 director of the department of human rights, and the director
34 33 of revenue concerning any state agency budget request that
34 34 will have its primary effect on tribal governments or Native
34 35 American persons Americans.
35 1 Sec. 56. NEW SECTION. 231C.20 CITATIONS == MONITORING
35 2 VISITS.
35 3 1. All results of state monitoring visits, including
35 4 complaint investigations or certification inspections
35 5 conducted by the department pursuant to this chapter or rules
35 6 adopted by the department shall be submitted by the department
35 7 personally, by electronic mail, or by certified mail to the
35 8 program no later than ten business days following completion
35 9 of an on=site monitoring visit, if findings of noncompliance
35 10 are cited.
35 11 2. If a program certified under this chapter submits a
35 12 plan of correction relating to the statement of noncompliance
35 13 or a response to a civil penalty issued under rules adopted by
35 14 the department, and the department elects to conduct an
35 15 on=site monitoring revisit, the department shall commence the
35 16 monitoring revisit within ten business days of the date that
35 17 the plan of correction is received, or the date specified
35 18 within the plan of correction alleging compliance, whichever
35 19 is later.
35 20 Sec. 57. NEW SECTION. 279.67 COMPETITIVE LIVING WAGE.
35 21 It is the goal of this state that every employee of a
35 22 public school corporation be provided with a competitive
35 23 living wage.
35 24 Sec. 58. Section 321A.3, subsections 1, 5, and 6, Code
35 25 Supplement 2007, are amended to read as follows:
35 26 1. The department shall upon request furnish any person a
35 27 certified abstract of the operating record of a person subject
35 28 to chapter 321, 321J, or this chapter. The abstract shall
35 29 also fully designate the motor vehicles, if any, registered in
35 30 the name of the person. If there is no record of a conviction
35 31 of the person having violated any law relating to the
35 32 operation of a motor vehicle or of any injury or damage caused
35 33 by the person, the department shall so certify. A fee of five
35 34 dollars and fifty cents shall be paid for each abstract except
35 35 for state, county, or city officials, court officials, public
36 1 transit officials, or other officials of a political
36 2 subdivision of the state or a nonprofit charitable
36 3 organization described in section 501(c)(3) of the Internal
36 4 Revenue Code. The department shall transfer the moneys
36 5 collected under this section to the treasurer of state who
36 6 shall credit to the general fund all moneys collected.
36 7 5. The department may permit any person to view the
36 8 operating record of a person subject to chapter 321 or this
36 9 chapter through one of the department's computer terminals or
36 10 through a computer printout generated by the department. The
36 11 department shall not require a fee for a person to view their
36 12 own operating record, but the department shall impose a fee of
36 13 one dollar for each of the first five operating records viewed
36 14 within a calendar day and two dollars for each additional
36 15 operating record viewed within the calendar day.
36 16 6. Fees under subsections subsection 1 and 5 may be paid
36 17 by credit cards, as defined in section 537.1301, subsection
36 18 17, approved for that purpose by the department of
36 19 transportation. The department shall enter into agreements
36 20 with financial institutions extending credit through the use
36 21 of credit cards to ensure payment of the fees. The department
36 22 shall adopt rules pursuant to chapter 17A to implement the
36 23 provisions of this subsection.
36 24 Sec. 59. Section 321A.3, Code Supplement 2007, is amended
36 25 by adding the following new subsection:
36 26 NEW SUBSECTION. 8. A person making a request for a record
36 27 or an abstract under this section that is subject to a fee
36 28 shall only use the record or abstract requested one time, for
36 29 one purpose, and it shall not supply that record to more than
36 30 one other person. Any subsequent use of the same record or
36 31 abstract shall require that the person make a subsequent
36 32 request for the record or abstract and pay an additional fee
36 33 for the request in the same manner as provided for the initial
36 34 request. A person requesting a record or an abstract pursuant
36 35 to this section shall keep records identifying who the record
37 1 or abstract is provided to, and the use of the record or
37 2 abstract, for a period of five years. Records maintained
37 3 pursuant to this subsection shall be made available to the
37 4 department upon request. A person shall not sell, retain,
37 5 distribute, provide, or transfer any record or abstract
37 6 information or portion of the record or abstract information
37 7 acquired under this agreement except as authorized by the
37 8 department and the federal Driver's Privacy Protection Act, 18
37 9 U.S.C. } 2721=2725.
37 10 Sec. 60. Section 331.304, subsection 10, Code Supplement
37 11 2007, is amended to read as follows:
37 12 10. A county shall not adopt or enforce any ordinance
37 13 imposing any registration or licensing system or registration
37 14 or license fees for or relating to owner=occupied manufactured
37 15 or mobile homes including the lots, or lands, or manufactured
37 16 home community or mobile home park upon or in which they are
37 17 located. A county shall not adopt or enforce any ordinance
37 18 imposing any registration or licensing system, or registration
37 19 or license fees, or safety or sanitary standards for rental
37 20 manufactured or mobile homes unless similar registration or
37 21 licensing system, or registration or license fees, or safety
37 22 or sanitary standards are required for other rental properties
37 23 intended for human habitation. This subsection does not
37 24 preclude the investigation and abatement of a nuisance or the
37 25 enforcement of a tiedown system, or the enforcement of any
37 26 regulations of the state or local board of health if those
37 27 regulations apply to other rental properties or to
37 28 owner=occupied housing intended for human habitation.
37 29 Sec. 61. Section 364.3, subsection 5, Code 2007, is
37 30 amended to read as follows:
37 31 5. A city shall not adopt or enforce any ordinance
37 32 imposing any registration or licensing system or registration
37 33 or license fees for or relating to owner=occupied manufactured
37 34 or mobile homes including the lots, or lands, or manufactured
37 35 home community or mobile home park upon or in which they are
38 1 located. A city shall not adopt or enforce any ordinance
38 2 imposing any registration or licensing system, or registration
38 3 or license fees, or safety or sanitary standards for rental
38 4 manufactured or mobile homes unless a similar registration or
38 5 licensing system, or registration or license fees, or safety
38 6 or sanitary standards are required for other rental properties
38 7 intended for human habitation. This subsection does not
38 8 preclude the investigation and abatement of a nuisance or the
38 9 enforcement of a tiedown system, or the enforcement of any
38 10 regulations of the state or local board of health if those
38 11 regulations apply to other rental properties or to
38 12 owner=occupied housing intended for human habitation.
38 13 Sec. 62. NEW SECTION. 422.11V CHARITABLE CONSERVATION
38 14 CONTRIBUTION TAX CREDIT.
38 15 1. The taxes imposed under this division, less the credits
38 16 allowed under section 422.12, shall be reduced by a charitable
38 17 conservation contribution tax credit equal to fifty percent of
38 18 the fair market value of a qualified real property interest
38 19 located in the state that is conveyed as an unconditional
38 20 charitable donation in perpetuity by the taxpayer to a
38 21 qualified organization exclusively for conservation purposes.
38 22 The maximum amount of tax credit is one hundred thousand
38 23 dollars. The amount of the contribution for which the tax
38 24 credit is claimed shall not be deductible in determining
38 25 taxable income for state tax purposes.
38 26 2. For purposes of this section, "conservation purpose",
38 27 "qualified organization", and "qualified real property
38 28 interest" mean the same as defined for the qualified
38 29 conservation contribution under section 170(h) of the Internal
38 30 Revenue Code, except that a conveyance of land for open space
38 31 for the purpose of fulfilling density requirements to obtain
38 32 subdivision or building permits shall not be considered a
38 33 conveyance for a conservation purpose.
38 34 3. Any credit in excess of the tax liability is not
38 35 refundable but the excess for the tax year may be credited to
39 1 the tax liability for the following twenty tax years or until
39 2 depleted, whichever is the earlier.
39 3 4. An individual may claim the tax credit allowed a
39 4 partnership, limited liability company, S corporation, estate,
39 5 or trust electing to have the income taxed directly to the
39 6 individual. The amount claimed by the individual shall be
39 7 based upon the pro rata share of the individual's earnings of
39 8 the partnership, limited liability company, S corporation,
39 9 estate, or trust.
39 10 Sec. 63. Section 422.33, Code Supplement 2007, is amended
39 11 by adding the following new subsection:
39 12 NEW SUBSECTION. 25. a. The taxes imposed under this
39 13 division shall be reduced by a charitable conservation
39 14 contribution tax credit equal to fifty percent of the fair
39 15 market value of a qualified real property interest located in
39 16 the state that is conveyed as an unconditional charitable
39 17 donation in perpetuity by the taxpayer to a qualified
39 18 organization exclusively for conservation purposes. The
39 19 maximum amount of tax credit is one hundred thousand dollars.
39 20 The amount of the contribution for which the tax credit is
39 21 claimed shall not be deductible in determining taxable income
39 22 for state tax purposes.
39 23 b. For purposes of this section, "conservation purpose",
39 24 "qualified organization", and "qualified real property
39 25 interest" mean the same as defined for the qualified
39 26 conservation contribution under section 170(h) of the Internal
39 27 Revenue Code, except that a conveyance of land for open space
39 28 for the purpose of fulfilling density requirements to obtain
39 29 subdivision or building permits shall not be considered a
39 30 conveyance for a conservation purpose.
39 31 c. Any credit in excess of the tax liability is not
39 32 refundable but the excess for the tax year may be credited to
39 33 the tax liability for the following twenty tax years or until
39 34 depleted, whichever is the earlier.
39 35 Sec. 64. Section 423.6, subsection 14, Code 2007, is
40 1 amended to read as follows:
40 2 14. Mobile homes to the extent of the portion of the
40 3 purchase price of the mobile home which is not attributable to
40 4 the cost of the tangible personal property used in the
40 5 processing of the mobile home, and manufactured housing to the
40 6 extent of the purchase price or the installed purchase price
40 7 of the manufactured housing which is not attributable to the
40 8 cost of the tangible personal property used in the processing
40 9 of the manufactured housing. For purposes of this exemption,
40 10 the portion of the purchase price which is not attributable to
40 11 the cost of the tangible personal property used in the
40 12 processing of the mobile home is forty eighty percent and the
40 13 portion of the purchase price or installed purchase price
40 14 which is not attributable to the cost of the tangible personal
40 15 property used in the processing of the manufactured housing is
40 16 forty eighty percent.
40 17 Sec. 65. Section 423B.1, subsection 6, Code Supplement
40 18 2007, is amended by adding the following new paragraph:
40 19 NEW PARAGRAPH. c. Notwithstanding any other provision in
40 20 this section, a change in use of the local sales and services
40 21 tax revenues for purposes of funding an urban renewal project
40 22 pursuant to section 423B.10 does not require an election.
40 23 Sec. 66. Section 423B.7, subsection 1, Code 2007, is
40 24 amended to read as follows:
40 25 1. a. The Except as provided in paragraph "b", the
40 26 director shall credit the local sales and services tax
40 27 receipts and interest and penalties from a county=imposed tax
40 28 to the county's account in the local sales and services tax
40 29 fund and from a city=imposed tax under section 423B.1,
40 30 subsection 2, to the city's account in the local sales and
40 31 services tax fund. If the director is unable to determine
40 32 from which county any of the receipts were collected, those
40 33 receipts shall be allocated among the possible counties based
40 34 on allocation rules adopted by the director.
40 35 b. Notwithstanding paragraph "a", the director shall
41 1 credit the designated amount of the increase in local sales
41 2 and services tax receipts, as computed in section 423B.10,
41 3 collected in an urban renewal area of an eligible city that
41 4 has adopted an ordinance pursuant to section 423B.10,
41 5 subsection 2, into a special city account in the local sales
41 6 and services tax fund.
41 7 Sec. 67. Section 423B.7, Code 2007, is amended by adding
41 8 the following new subsection:
41 9 NEW SUBSECTION. 5A. From each special city account, the
41 10 revenues shall be remitted to the city council for deposit in
41 11 the special fund created in section 403.19, subsection 2, to
41 12 be used by the city as provided in section 423B.10. The
41 13 distribution from the special city account is not subject to
41 14 the distribution formula provided in subsections 3, 4, and 5.
41 15 Sec. 68. NEW SECTION. 423B.10 FUNDING URBAN RENEWAL
41 16 PROJECTS.
41 17 1. For purposes of this section, unless the context
41 18 otherwise requires:
41 19 a. "Base year" means the fiscal year during which an
41 20 ordinance is adopted that provides for funding of an urban
41 21 renewal project by a designated amount of the increased sales
41 22 and services tax revenues.
41 23 b. "Eligible city" means a city in which a local sales and
41 24 services tax imposed by the county applies or a city described
41 25 in section 423B.1, subsection 2, paragraph "a", and in which
41 26 an urban renewal area has been designated.
41 27 c. "Retail establishment" means a business operated by a
41 28 retailer as defined in section 423.1.
41 29 d. "Urban renewal area" and "urban renewal project" mean
41 30 the same as defined in section 403.17.
41 31 2. An eligible city may by ordinance of the city council
41 32 provide for the use of a designated amount of the increased
41 33 local sales and services tax revenues collected under this
41 34 chapter which are attributable to retail establishments in an
41 35 urban renewal area to fund urban renewal projects located in
42 1 the area. The designated amount may be all or a portion of
42 2 such increased revenues.
42 3 3. To determine the revenue increase for purposes of
42 4 subsection 2, revenue amounts shall be calculated by the
42 5 department of revenue as follows:
42 6 a. Determine the amount of local sales and services tax
42 7 revenue collected from retail establishments located in the
42 8 area comprising the urban renewal area during the base year.
42 9 b. Determine the current year revenue amount for each
42 10 fiscal year following the base year in the manner specified in
42 11 paragraph "a".
42 12 c. The excess of the amount determined in paragraph "b"
42 13 over the base year revenue amount determined in paragraph "a"
42 14 is the increase in the local sales and services tax revenues
42 15 of which the designated amount is to be deposited in the
42 16 special city account created in section 423B.7, subsection 5A.
42 17 4. The ordinance adopted pursuant to this section is
42 18 repealed when the area ceases to be an urban renewal area or
42 19 twenty years following the base year, whichever is the
42 20 earlier.
42 21 5. In addition to the moneys received pursuant to the
42 22 ordinance authorized under subsection 2, an eligible city may
42 23 deposit any other local sales and services tax revenues
42 24 received by it pursuant to the distribution formula in section
42 25 423B.7, subsections 3, 4, and 5, to the special fund described
42 26 in section 403.19, subsection 2.
42 27 6. For purposes of this section, the eligible city shall
42 28 assist the department of revenue in identifying retail
42 29 establishments in the urban renewal area that are collecting
42 30 the local sales and services tax. This process shall be
42 31 ongoing until the ordinance is repealed.
42 32 Sec. 69. Section 423E.4, subsection 3, paragraph b,
42 33 subparagraph (2), Code 2007, as amended by 2008 Iowa Acts,
42 34 House File 2663, section 21, if enacted, is amended to read as
42 35 follows:
43 1 (2) "Sales tax capacity per student" means for a school
43 2 district the estimated amount of revenues that a school
43 3 district would receive if a local sales and services tax for
43 4 school infrastructure purposes was imposed at one percent in
43 5 the county pursuant to section 423E.2, Code 2007, as computed
43 6 in subsection 8, divided by the school district's actual
43 7 enrollment as determined in section 423E.3, subsection 5,
43 8 paragraph "d".
43 9 Sec. 70. Section 423E.4, subsection 3, paragraph b,
43 10 subparagraph (3), Code 2007, as amended by 2008 Iowa Acts,
43 11 House File 2663, section 22, if enacted, is amended to read as
43 12 follows:
43 13 (3) "Statewide tax revenues per student" means the amount
43 14 determined by estimating the total revenues that would be
43 15 generated by a one percent local option sales and services tax
43 16 for school infrastructure purposes if imposed by all the
43 17 counties during the entire fiscal year, as computed in
43 18 subsection 8, and dividing this estimated revenue amount by
43 19 the sum of the combined actual enrollment for all counties as
43 20 determined in section 423E.3, subsection 5, paragraph "d",
43 21 subparagraph (2).
43 22 Sec. 71. Section 423E.4, subsection 8, as enacted by 2008
43 23 Iowa Acts, House File 2663, section 25, if enacted, is amended
43 24 by striking the subsection.
43 25 Sec. 72. Section 423F.2, subsection 1, paragraph b, as
43 26 enacted by 2008 Iowa Acts, House File 2663, section 28, if
43 27 enacted, is amended to read as follows:
43 28 b. The increase in the state sales, services, and use
43 29 taxes under chapter 423, subchapters II and III, from five
43 30 percent to six percent shall replace the repeal of the
43 31 county's local sales and services tax for school
43 32 infrastructure purposes. The distribution of moneys in the
43 33 secure an advanced vision for education fund and the use of
43 34 the moneys for infrastructure purposes or property tax relief
43 35 shall be as provided in this chapter. However, the formula
44 1 for the distribution of the moneys in the fund shall be based
44 2 upon amounts that would have been received if the local sales
44 3 and services taxes under chapter 423E, Code 2007, continued in
44 4 existence, as computed pursuant to section 423E.4, subsection
44 5 8.
44 6 Sec. 73. Section 423F.3, subsection 3, paragraph c, as
44 7 enacted by 2008 Iowa Acts, House File 2663, section 29, if
44 8 enacted, is amended to read as follows:
44 9 c. The board secretary shall notify the county
44 10 commissioner of elections of the intent to take the issue to
44 11 the voters. The county commissioner of elections shall
44 12 publish the notices required by law for special or general
44 13 elections, and the election shall be held not sooner than
44 14 thirty days nor later than forty days after notice from the
44 15 school board on a date specified in section 39.2, subsection
44 16 4, paragraph "c". A majority of those voting on the question
44 17 must favor approval of the revenue purpose statement. If the
44 18 proposal is not approved, the school district shall not submit
44 19 the same or new revenue purpose statement to the electors for
44 20 a period of six months from the date of the previous election.
44 21 Sec. 74. Section 441.37A, subsection 1, unnumbered
44 22 paragraph 1, Code 2007, is amended to read as follows:
44 23 For the assessment year beginning January 1, 2007, and all
44 24 subsequent assessment years, appeals may be taken from the
44 25 action of the board of review with reference to protests of
44 26 assessment, valuation, or application of an equalization order
44 27 to the property assessment appeal board created in section
44 28 421.1A. However, a property owner or aggrieved taxpayer or an
44 29 appellant described in section 441.42 may bypass the property
44 30 assessment appeal board and appeal the decision of the local
44 31 board of review to the district court pursuant to section
44 32 441.38. For an appeal to the property assessment appeal board
44 33 to be valid, written notice must be filed by the party
44 34 appealing the decision with the secretary of the property
44 35 assessment appeal board within twenty days after the date the
45 1 board of review's letter of disposition of the appeal is
45 2 postmarked to the party making the protest. The written
45 3 notice of appeal shall include a petition setting forth the
45 4 basis of the appeal and the relief sought. No new grounds in
45 5 addition to those set out in the protest to the local board of
45 6 review as provided in section 441.37 can be pleaded, but
45 7 additional evidence to sustain those grounds may be
45 8 introduced. The assessor shall have the same right to appeal
45 9 to the assessment appeal board as an individual taxpayer,
45 10 public body, or other public officer as provided in section
45 11 441.42. An appeal to the board is a contested case under
45 12 chapter 17A.
45 13 Sec. 75. Section 441.37A, subsection 2, unnumbered
45 14 paragraph 2, Code 2007, is amended to read as follows:
45 15 An appeal may be considered by less than a majority of the
45 16 members of the board, and the chairperson of the board may
45 17 assign members to consider appeals. If a hearing is
45 18 requested, it shall be open to the public and shall be
45 19 conducted in accordance with the rules of practice and
45 20 procedure adopted by the board. However, any deliberation of
45 21 a board member considering the appeal in reaching a decision
45 22 on any appeal shall be confidential. A meeting of the board
45 23 to rule on procedural motions in a pending appeal or to
45 24 deliberate on the decision to be reached in an appeal is
45 25 exempt from the provisions of chapter 21. The property
45 26 assessment appeal board or any member of the board may require
45 27 the production of any books, records, papers, or documents as
45 28 evidence in any matter pending before the board that may be
45 29 material, relevant, or necessary for the making of a just
45 30 decision. Any books, records, papers, or documents produced
45 31 as evidence shall become part of the record of the appeal.
45 32 Any testimony given relating to the appeal shall be
45 33 transcribed and made a part of the record of the appeal.
45 34 Sec. 76. Section 441.38, subsection 1, Code 2007, is
45 35 amended to read as follows:
46 1 1. Appeals may be taken from the action of the local board
46 2 of review with reference to protests of assessment, to the
46 3 district court of the county in which the board holds its
46 4 sessions within twenty days after its adjournment or May 31,
46 5 whichever date is later. Appeals may be taken from the action
46 6 of the property assessment appeal board to the district court
46 7 of the county where the property which is the subject of the
46 8 appeal is located within twenty days after the letter of
46 9 disposition of the appeal by the property assessment appeal
46 10 board is postmarked to the appellant. No new grounds in
46 11 addition to those set out in the protest to the local board of
46 12 review as provided in section 441.37, or in addition to those
46 13 set out in the appeal to the property assessment appeal board,
46 14 if applicable, can be pleaded, but additional. Additional
46 15 evidence to sustain those grounds may be introduced in an
46 16 appeal from the local board of review to the district court.
46 17 However, no new evidence to sustain those grounds may be
46 18 introduced in an appeal from the property assessment appeal
46 19 board to the district court. The assessor shall have the same
46 20 right to appeal and in the same manner as an individual
46 21 taxpayer, public body, or other public officer as provided in
46 22 section 441.42. Appeals shall be taken by filing a written
46 23 notice of appeal with the clerk of district court. Filing of
46 24 the written notice of appeal shall preserve all rights of
46 25 appeal of the appellant.
46 26 Sec. 77. NEW SECTION. 441.38B APPEAL TO DISTRICT COURT
46 27 FROM PROPERTY ASSESSMENT APPEAL BOARD.
46 28 A person or party who is aggrieved or adversely affected by
46 29 a decision of the property assessment appeal board may seek
46 30 judicial review of the decision as provided in chapter 17A and
46 31 section 441.38.
46 32 Sec. 78. NEW SECTION. 455C.17 GRANTS FOR INDEPENDENT
46 33 REDEMPTION CENTERS.
46 34 1. An independent redemption center grant program shall be
46 35 established by the department to award grants for improvements
47 1 to independent redemption centers. An "independent redemption
47 2 center" is a redemption center that is also a nonprofit or a
47 3 for=profit facility that has existed prior to July 1, 2008,
47 4 and that is not affiliated with or in any way a subsidiary of
47 5 a dealer, a distributor, or a manufacturer.
47 6 2. a. An independent redemption center grant fund is
47 7 established in the state treasury under the authority of the
47 8 department. The fund shall consist of moneys appropriated to
47 9 the fund or appropriated to the department for purposes of the
47 10 grant program. Moneys in the fund are appropriated to the
47 11 department to be used for the grant program.
47 12 b. Notwithstanding section 8.33, moneys in the fund at the
47 13 close of any fiscal year shall not revert to any other fund
47 14 but shall remain in the fund for the subsequent fiscal year to
47 15 be used for purposes of the fund.
47 16 3. a. Moneys in the grant fund shall be used by the
47 17 department to provide grants to independent redemption centers
47 18 for purposes of making improvements to such centers. The
47 19 department shall not award grants in a fiscal year in an
47 20 aggregate of more than one million dollars. A grant shall not
47 21 exceed fifteen thousand dollars for any independent redemption
47 22 center.
47 23 b. The department shall not pay administrative costs
47 24 relating to the management of the grant program in excess of
47 25 three and one=half percent of the moneys in the fund in a
47 26 fiscal year.
47 27 Sec. 79. Section 535.8, subsection 1, Code 2007, is
47 28 amended by striking the subsection and inserting in lieu
47 29 thereof the following:
47 30 1. DEFINITIONS. For purposes of this section, unless the
47 31 context otherwise requires:
47 32 a. "Lender" means a person who makes or originates a loan;
47 33 a person who is identified as a lender on the loan documents;
47 34 a person who arranges, negotiates, or brokers a loan; and a
47 35 person who provides any goods or services as an incident to or
48 1 as a condition required for the making or closing of the loan.
48 2 "Lender" does not include a licensed attorney admitted to
48 3 practice in this state acting solely as an incident to the
48 4 practice of law.
48 5 b. "Loan" means a loan of money which is wholly or in part
48 6 to be used for the purpose of purchasing real property which
48 7 is a single=family or two=family dwelling occupied or to be
48 8 occupied by the borrower. A loan includes the refinancing of
48 9 a contract of sale, and the refinancing of a prior loan,
48 10 whether or not the borrower also was the borrower under the
48 11 prior loan, and the assumption of a prior loan.
48 12 Sec. 80. Section 535.8, subsection 2, paragraphs a and b,
48 13 Code 2007, are amended to read as follows:
48 14 a. A lender may collect borrower may be charged by a
48 15 lender, in connection with a loan made pursuant to a written
48 16 agreement executed by the borrower on or after July 1, 1983,
48 17 or in connection with a loan made pursuant to a written
48 18 commitment by the lender mailed or delivered to the borrower
48 19 on or after that date, a loan origination or processing fee, a
48 20 broker fee, or both, which does together do not exceed two
48 21 percent of an amount which is equal to the loan principal;
48 22 except that to the extent of an assumption by a new borrower
48 23 of the obligation to make payments under a prior loan, or to
48 24 the extent that the loan principal is used to refinance a
48 25 prior loan between the same borrower and the same lender, the
48 26 lender may collect borrower may be charged by a lender a loan
48 27 origination or processing fee, a broker fee, or both, which
48 28 does together do not exceed an amount which is a reasonable
48 29 estimate of the expenses of processing the loan assumption or
48 30 refinancing but which does not exceed one percent of the
48 31 unpaid balance of the loan that is assumed or refinanced. In
48 32 addition, a lender may collect from a borrower, a seller of
48 33 property, another lender, or any other person, or from any
48 34 combination of these persons borrower may be charged by a
48 35 lender, in contemplation of or in connection with a loan, a
49 1 commitment fee, closing fee, or both, that is agreed to in
49 2 writing by the lender and the persons from whom the charges
49 3 are to be collected borrower. A loan fee collected paid by a
49 4 borrower to a lender under this paragraph is compensation to
49 5 the lender solely for the use of money, notwithstanding any
49 6 provision of the agreement to the contrary. However, a loan
49 7 fee collected under this paragraph shall be disregarded for
49 8 purposes of determining the maximum charge permitted by
49 9 section 535.2 or 535.9, subsection 2. The collection A lender
49 10 is prohibited from charging a borrower in connection with a
49 11 loan of a loan origination or processing fee, broker fee,
49 12 closing fee, commitment fee, or similar charge is prohibited
49 13 other than expressly authorized by this paragraph or a payment
49 14 reduction fee authorized by subsection 3.
49 15 b. A lender may collect borrower may be charged by a
49 16 lender in connection with a loan any of the following costs
49 17 which are incurred by the lender in connection with the loan
49 18 and which are disclosed to the borrower:
49 19 (1) Credit reports.
49 20 (2) Appraisal fees paid to a third party, or when the
49 21 appraisal is performed by the lender, a fee which is a
49 22 reasonable estimate of the expense incurred by the lender in
49 23 performing the appraisal.
49 24 (3) Attorney's opinions.
49 25 (4) Abstracting fees paid to a third party, or when the
49 26 abstracting is performed by the lender, a fee which is a
49 27 reasonable estimate of the expense incurred by the lender in
49 28 performing the abstracting.
49 29 (5) County recorder's fees.
49 30 (6) Inspection fees.
49 31 (7) Mortgage guarantee insurance charge.
49 32 (8) Surveying of property.
49 33 (9) Termite inspection.
49 34 (10) The cost of a title guaranty issued by the Iowa
49 35 finance authority pursuant to chapter 16.
50 1 (11) A bona fide and reasonable settlement or closing fee
50 2 which is paid to a third party to settle or close the loan.
50 3 The lender shall not charge the borrower for the cost of
50 4 revenue stamps or real estate commissions which are paid by
50 5 the seller.
50 6 The collection of A lender shall not charge the borrower
50 7 any costs other than as expressly permitted by this paragraph
50 8 "b" is prohibited. However, additional costs incurred in
50 9 connection with a loan under this paragraph "b", if bona fide
50 10 and reasonable, may be collected by a state=chartered
50 11 financial institution licensed under chapter 524, 533, or 534,
50 12 to the extent permitted under applicable federal law as
50 13 determined by the office of the comptroller of the currency of
50 14 the United States department of treasury, the national credit
50 15 union administration, or the office of thrift supervision of
50 16 the United States department of treasury. Such costs shall
50 17 apply only to the same type of state=chartered entity as the
50 18 federally chartered entity affected and shall apply to and may
50 19 be collected by an insurer organized under chapter 508 or 515,
50 20 or otherwise authorized to conduct the business of insurance
50 21 in this state.
50 22 Nothing in this section shall be construed to change the
50 23 prohibition against the sale of title insurance or sale of
50 24 insurance against loss or damage by reason of defective title
50 25 or encumbrances as provided in section 515.48, subsection 10.
50 26 Sec. 81. Section 622.10, subsection 3, paragraphs a, d,
50 27 and e, Code Supplement 2007, are amended to read as follows:
50 28 a. In a civil action in which the condition of the
50 29 plaintiff in whose favor the prohibition is made is an element
50 30 or factor of the claim or defense of the adverse party or of
50 31 any party claiming through or under the adverse party, the
50 32 adverse party shall make a written request for records
50 33 relating to the condition alleged upon the plaintiff's counsel
50 34 attorney for a legally sufficient patient's waiver under
50 35 federal and state law. Upon receipt of a written request, the
51 1 plaintiff shall execute the a legally sufficient patient's
51 2 waiver and release it to the adverse party making the request
51 3 within sixty days of receipt of the written request. The
51 4 patient's waiver may require a physician or surgeon, physician
51 5 assistant, advanced registered nurse practitioner, or mental
51 6 health professional to do all of the following:
51 7 (1) Provide a complete copy of the patient's records
51 8 including, but not limited to, any reports or diagnostic
51 9 imaging relating to the condition alleged.
51 10 (2) Consult with the attorney for the adverse party prior
51 11 to providing testimony regarding the plaintiff's medical
51 12 history and the condition alleged and opinions regarding
51 13 health etiology and prognosis for the condition alleged
51 14 subject to the limitations in paragraph paragraphs "c" and
51 15 "e".
51 16 d. Any physician or surgeon, physician assistant, advanced
51 17 registered nurse practitioner, or mental health professional
51 18 who provides records or consults with the counsel attorney for
51 19 the adverse any party shall be entitled to charge a reasonable
51 20 fee for production of the records, diagnostic imaging, and
51 21 consultation. Any party seeking consultation shall be
51 22 responsible for payment of all charges. The fee fees for
51 23 copies of any records shall be based upon actual cost of
51 24 production be as specified in subsection 4A.
51 25 e. Defendant's counsel shall provide a written notice to
51 26 plaintiff's counsel attorney in a manner consistent with the
51 27 Iowa rules of civil procedure providing for notice of
51 28 deposition at least ten days prior to any meeting with
51 29 plaintiff's physician or surgeon, physician assistant,
51 30 advanced registered nurse practitioner, or mental health
51 31 professional. Plaintiff's counsel attorney has the right to
51 32 be present at all such meetings, or participate in telephonic
51 33 communication with the physician or surgeon, physician
51 34 assistant, advanced registered nurse practitioner, or mental
51 35 health professional and counsel attorney for the defendant.
52 1 Prior to scheduling any meeting or engaging in any
52 2 communication with the physician or surgeon, physician
52 3 assistant, advanced registered nurse practitioner, or mental
52 4 health professional, attorney for the defendant shall confer
52 5 with plaintiff's attorney to determine a mutually convenient
52 6 date and time for such meeting or telephonic communication.
52 7 Plaintiff's counsel attorney may seek a protective order
52 8 structuring all communication by making application to the
52 9 court at any time.
52 10 Sec. 82. Section 622.10, subsection 4, Code Supplement
52 11 2007, is amended to read as follows:
52 12 4. If an adverse party desires the oral deposition, either
52 13 discovery or evidentiary, of a physician or surgeon, physician
52 14 assistant, advanced registered nurse practitioner, or mental
52 15 health professional to which the prohibition would otherwise
52 16 apply or the stenographer or confidential clerk of a physician
52 17 or surgeon, physician assistant, advanced registered nurse
52 18 practitioner, or mental health professional or desires to call
52 19 a physician or surgeon, physician assistant, advanced
52 20 registered nurse practitioner, or mental health professional
52 21 to which the prohibition would otherwise apply or the
52 22 stenographer or confidential clerk of a physician or surgeon,
52 23 physician assistant, advanced registered nurse practitioner,
52 24 or mental health professional as a witness at the trial of the
52 25 action, the adverse party shall file an application with the
52 26 court for permission to do so. The court upon hearing, which
52 27 shall not be ex parte, shall grant permission unless the court
52 28 finds that the evidence sought does not relate to the
52 29 condition alleged and. At the request of any party or at the
52 30 request of the deponent, the court shall fix a reasonable fee
52 31 to be paid to the a physician or surgeon, physician assistant,
52 32 advanced registered nurse practitioner, or mental health
52 33 professional by the party taking the deposition or calling the
52 34 witness.
52 35 Sec. 83. Section 622.10, Code Supplement 2007, is amended
53 1 by adding the following new subsection:
53 2 NEW SUBSECTION. 4A. At any time, upon a written request
53 3 from a patient, a patient's legal representative or attorney,
53 4 or an adverse party pursuant to subsection 3, any provider
53 5 shall provide copies of the requested records or images to the
53 6 requester within thirty days of receipt of the written
53 7 request. The written request shall be accompanied by a
53 8 legally sufficient patient's waiver unless the request is made
53 9 by the patient or the patient's legal representative or
53 10 attorney.
53 11 a. The fee charged for the cost of producing the requested
53 12 records or images shall be based upon the actual cost of
53 13 production. If the written request and accompanying patient's
53 14 waiver, if required, authorizes the release of all of the
53 15 patient's records for the requested time period, including
53 16 records relating to the patient's mental health, substance
53 17 abuse, and acquired immune deficiency syndrome=related
53 18 conditions, the amount charged shall not exceed the rates
53 19 established by the workers' compensation commissioner for
53 20 copies of records in workers' compensation cases. If
53 21 requested, the provider shall include an affidavit certifying
53 22 that the records or images produced are true and accurate
53 23 copies of the originals for an additional fee not to exceed
53 24 ten dollars.
53 25 b. A patient or a patient's legal representative or a
53 26 patient's attorney is entitled to one copy free of charge of
53 27 the patient's complete billing statement, subject only to a
53 28 charge for the actual costs of postage or delivery charges
53 29 incurred in providing the statement. If requested, the
53 30 provider or custodian of the record shall include an affidavit
53 31 certifying the billing statements produced to be true and
53 32 accurate copies of the originals for an additional fee not to
53 33 exceed ten dollars.
53 34 c. Fees charged pursuant to this subsection are not
53 35 subject to a sales or use tax. A provider providing the
54 1 records or images may require payment in advance if an
54 2 itemized statement demanding such is provided to the
54 3 requesting party within fifteen days of the request. Upon a
54 4 timely request for payment in advance, the time for providing
54 5 the records or images shall be extended until the greater of
54 6 thirty days from the date of the original request or ten days
54 7 from the receipt of payment.
54 8 d. If a provider does not provide to the requester all
54 9 records or images encompassed by the request or does not allow
54 10 a patient access to all of the patient's medical records
54 11 encompassed by the patient's request to examine the patient's
54 12 records, the provider shall give written notice to the
54 13 requester or the patient that providing the requested records
54 14 or images would be a violation of the federal Health Insurance
54 15 Portability and Accountability Act of 1996, Pub. L. No.
54 16 104=191.
54 17 e. As used in this subsection:
54 18 (1) "Records" and "images" include electronic media and
54 19 data containing a patient's health or billing information and
54 20 "copies" includes patient records or images provided in
54 21 electronic form, regardless of the form of the originals. If
54 22 consented to by the requesting party, records and images
54 23 produced pursuant to this subsection may be produced on
54 24 electronic media.
54 25 (2) "Provider" means any physician or surgeon, physician
54 26 assistant, advanced registered nurse practitioner, mental
54 27 health professional, hospital, nursing home, or other person,
54 28 entity, facility, or organization that furnishes, bills, or is
54 29 paid for health care in the normal course of business.
54 30 Sec. 84. 2007 Iowa Acts, chapter 206, section 6,
54 31 unnumbered paragraph 3, is amended to read as follows:
54 32 Notwithstanding section 8.33, moneys appropriated in this
54 33 section that remain unencumbered or unobligated at the close
54 34 of the fiscal year shall not revert but shall remain available
54 35 for expenditure for the purposes designated until the close of
55 1 the succeeding fiscal year beginning July 1, 2008.
55 2 Sec. 85. REAL ESTATE EDUCATION PROGRAM. There is
55 3 appropriated from the general fund of the state to the state
55 4 board of regents for the fiscal year beginning July 1, 2008,
55 5 and ending June 30, 2009, the following amount, or so much
55 6 thereof as is necessary, to be used for the purposes
55 7 designated:
55 8 For allocation to the university of northern Iowa for the
55 9 real estate education program:
55 10 .................................................. $ 160,000
55 11 Notwithstanding section 8.33, moneys appropriated in this
55 12 section that remain unencumbered or unobligated at the close
55 13 of the fiscal year shall not revert but shall remain available
55 14 for expenditure for the purposes designated until the close of
55 15 the succeeding fiscal year.
55 16 Sec. 86. MEDICAL ASSISTANCE == APPROPRIATION. There is
55 17 appropriated from the general fund of the state to the
55 18 department of human services for the fiscal year beginning
55 19 July 1, 2008, and ending June 30, 2009, the following amount,
55 20 or so much thereof as is necessary, for the purpose
55 21 designated:
55 22 Notwithstanding the reimbursement provisions in 2008 Iowa
55 23 Acts, Senate File 2425, if enacted, or any other provision
55 24 requiring budget neutrality in setting hospital reimbursement
55 25 rates, as additional funding for the medical assistance
55 26 program to be used for the rebasing of hospital reimbursement
55 27 rates under the medical assistance program:
55 28 .................................................. $ 5,500,000
55 29 Sec. 87. 2008 Iowa Acts, Senate File 2420, section 124, is
55 30 amended by striking the section and inserting in lieu thereof
55 31 the following:
55 32 SEC. 124. Section 423.5, subsection 3, Code 2007, as
55 33 amended by this division of this Act, is amended to read as
55 34 follows:
55 35 3. The An excise tax at the rate of five percent is
56 1 imposed on the use of vehicles subject only to the issuance of
56 2 a certificate of title and the use of manufactured housing,
56 3 and on the use of leased vehicles, if the lease transaction
56 4 does not require titling or registration of the vehicle, on
56 5 the amount subject to tax as calculated pursuant to section
56 6 423.26, subsection 2.
56 7 Sec. 88. INDEPENDENT REDEMPTION CENTER GRANT FUND. There
56 8 is appropriated from the general fund of the state to the
56 9 department of natural resources for the fiscal year beginning
56 10 July 1, 2008, and ending June 30, 2009, the following amount,
56 11 or so much thereof as is necessary, to be used for the purpose
56 12 designated:
56 13 For deposit in the independent redemption center fund
56 14 created in section 455C.17, as enacted in this division of
56 15 this Act:
56 16 .................................................. $ 1,000,000
56 17 Sec. 89. 2008 Iowa Acts, House File 2699, section 4,
56 18 subsection 3, if enacted, is amended by adding the following
56 19 new paragraph:
56 20 NEW PARAGRAPH. e. The department of economic development
56 21 shall coordinate with the department of natural resources, the
56 22 Iowa finance autho