Bill Text: IA HF2465 | 2011-2012 | 84th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to state and local finances by making and adjusting appropriations, providing for funding of property tax credits and reimbursements and for other matters pertaining to taxation, providing for fees and criminal penalties, providing for legal responsibilities, providing for certain insurance and employee benefits, and providing for properly related matters, and including effective date and retroactive and other applicability provisions. Item vetoed. Various effective dates, see bill.

Spectrum: Committee Bill

Status: (Passed) 2012-05-25 - Item vetoed, signed by Governor H.J. 967. [HF2465 Detail]

Download: Iowa-2011-HF2465-Introduced.html

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