House
File
2465
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.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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:
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$
1,672,924
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
House
File
2465,
p.
2
grants
under
section
99F.11,
subsection
3
,
paragraph
“d”,
subparagraph
(1):
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$
208,351
416,702
2.
For
regional
tourism
marketing
under
section
99F.11,
subsection
3
,
paragraph
“d”,
subparagraph
(2):
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$
405,153
810,306
3.
For
the
center
for
congenital
and
inherited
disorders
central
registry
under
section
144.13A,
subsection
4
,
paragraph
“a”:
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$
85,560
4.
For
primary
and
secondary
child
abuse
prevention
programs
under
section
144.13A,
subsection
4
,
paragraph
“a”:
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$
108,886
5.
For
programs
for
at-risk
children
under
section
279.51
:
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$
5,364,446
10,728,891
The
amount
of
any
reduction
in
this
subsection
shall
be
prorated
among
the
programs
specified
in
section
279.51,
subsection
1
,
paragraphs
“a”,
“b”,
and
“c”.
6.
For
payment
for
nonpublic
school
transportation
under
section
285.2
:
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$
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
:
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$
9,208
18,416
8.
For
reimbursement
for
the
homestead
property
tax
credit
under
section
425.1:
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$
106,983,518
Sec.
3.
Section
97A.11A,
subsection
1,
Code
2011,
is
amended
to
read
as
follows:
1.
Beginning
with
the
fiscal
year
commencing
July
1,
2012
2013
,
and
ending
June
30
of
the
fiscal
year
during
which
the
board
determines
that
the
system’s
funded
ratio
of
assets
to
liabilities
is
at
least
eighty-five
percent,
there
is
appropriated
from
the
general
fund
of
the
state
for
each
fiscal
year
to
the
retirement
fund
described
in
section
97A.8
,
an
House
File
2465,
p.
3
amount
equal
to
five
million
dollars.
DIVISION
II
MISCELLANEOUS
PROVISIONS
AND
APPROPRIATIONS
Sec.
4.
WATERSHED
IMPROVEMENT
FUND
——
APPROPRIATION.
There
is
appropriated
from
the
rebuild
Iowa
infrastructure
fund
to
the
department
of
agriculture
and
land
stewardship
for
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
2013,
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
designated,
notwithstanding
section
8.57,
subsection
6,
paragraph
“c”:
For
deposit
in
the
watershed
improvement
fund
created
in
section
466A.2:
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$
1,000,000
Sec.
5.
TUITION
GRANTS
——
FOR-PROFIT
ACCREDITED
PRIVATE
INSTITUTIONS.
1.
There
is
appropriated
from
the
general
fund
of
the
state
to
the
college
student
aid
commission
for
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
2013,
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
designated:
For
tuition
grants
for
students
attending
for-profit
accredited
private
institutions
located
in
Iowa
under
261.25,
subsection
2:
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$
500,000
2.
Moneys
appropriated
in
this
section
shall
supplement
and
not
supplant
moneys
appropriated
in
section
261.25,
subsection
2,
for
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
2013.
Sec.
6.
IOWA
READING
RESEARCH
CENTER.
There
is
appropriated
from
the
general
fund
of
the
state
to
the
department
of
education
for
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
2013,
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
designated:
For
establishing
an
Iowa
reading
research
center
pursuant
to
2012
Iowa
Acts,
Senate
File
2284,
if
enacted:
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$
2,000,000
Sec.
7.
JOINT
STATE-FEDERAL
MORTGAGE
SERVICING
SETTLEMENT
MONEYS
——
APPROPRIATIONS.
1.
A
mortgage
servicing
settlement
fund
is
established,
separate
and
apart
from
all
other
public
moneys
or
funds
of
the
state,
under
the
control
of
the
department
of
justice.
The
department
of
justice
shall
deposit
moneys
received
by
the
department
from
the
joint
state-federal
mortgage
House
File
2465,
p.
4
servicing
settlement
into
the
fund.
The
department
of
justice
is
authorized
to
make
expenditures
of
moneys
in
the
fund
consistent
with
the
terms
of
the
consent
decree
signed
in
federal
court
on
April
5,
2012.
Any
unencumbered
or
unobligated
moneys
remaining
in
the
fund
on
June
30,
2015,
shall
be
transferred
to
the
general
fund
of
the
state.
2.
A
banking
division
mortgage
servicing
settlement
fund
is
established,
separate
and
apart
from
all
other
public
moneys
or
funds
of
the
state,
under
the
control
of
the
division
of
banking
of
the
department
of
commerce.
The
banking
division
shall
deposit
moneys
received
by
the
division
from
the
joint
state-federal
mortgage
servicing
settlement
into
the
fund.
Moneys
deposited
in
the
fund
are
appropriated
to
the
banking
division
to
be
used
as
provided
in
a
financial
plan
developed
by
the
superintendent
of
banking
and
approved
by
the
department
of
management
to
support
state
financial
regulation,
including
oversight
of
mortgage
lending
and
mortgage
servicing,
real
estate
and
real
estate
appraisal,
state
chartered
banks,
and
other
financial
services
regulated
by
the
division
of
banking.
Moneys
in
the
fund
may
also
be
used
to
support
financial
literacy
efforts.
The
financial
plan
may
be
updated
periodically
as
provided
by
the
superintendent
and
approved
by
the
department
of
management.
Notwithstanding
section
8.33,
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
until
the
close
of
the
fiscal
year
that
begins
July
1,
2014.
Any
unencumbered
or
unobligated
moneys
remaining
in
the
fund
on
June
30,
2015,
shall
be
transferred
to
the
general
fund
of
the
state.
3.
There
is
appropriated
from
the
mortgage
servicing
settlement
fund
to
the
department
of
management
for
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
2013,
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
designated:
For
deposit
in
the
rebuild
Iowa
infrastructure
fund:
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$
1,000,000
4.
a.
The
department
of
justice
shall
submit
a
report
to
the
general
assembly
detailing
the
expenditure
of
moneys
from
the
mortgage
servicing
settlement
fund
by
the
department
of
justice
for
the
previous
calendar
year
and
how
the
expenditures
related
to
the
implementation,
monitoring,
or
enforcement
of
the
settlement
and
how
expenditures
in
the
current
and
House
File
2465,
p.
5
succeeding
calendar
year
will
be
used
for
implementation,
monitoring,
or
enforcement
of
the
settlement.
The
initial
report
shall
be
submitted
on
or
before
January
15,
2013.
b.
The
division
of
banking
shall
submit
a
report
to
the
general
assembly
detailing
the
expenditure
of
moneys
from
the
banking
division
mortgage
servicing
settlement
fund
by
the
division
of
banking
for
the
previous
calendar
year
and
how
the
expenditures
related
to
the
implementation,
monitoring,
or
enforcement
of
the
settlement
and
how
expenditures
in
the
current
and
succeeding
calendar
year
will
be
used
for
implementation,
monitoring,
or
enforcement
of
the
settlement.
The
initial
report
shall
be
submitted
on
or
before
January
15,
2013.
Sec.
8.
DEPARTMENT
OF
PUBLIC
HEALTH
——
IOWA
YOUTH
SUICIDE
PREVENTION
PROGRAM.
There
is
appropriated
from
the
general
fund
of
the
state
to
the
department
of
public
health
for
the
fiscal
year
beginning
July
1,
2012,
and
ending
June
30,
2013,
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
designated:
To
contract
for
a
program
to
develop
an
Iowa
youth
suicide
prevention
program:
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$
50,000
1.
The
department
shall
establish
a
request
for
proposals
process
which
shall
be
based
upon
specifications
established
under
a
suicide
prevention
plan
for
youth
who
are
targets
of
bullying,
which
was
developed
in
partnership
with
the
department
during
the
2011-2012
fiscal
year
and
shall
include
but
is
not
limited
to
an
antibullying
internet
site,
internet-based
communications
including
texting
capabilities,
and
a
telephone
hotline.
2.
The
department
shall
submit
to
the
general
assembly
a
progress
report
on
or
before
January
15,
2013,
providing
a
detailed
analysis
of
the
program,
its
budgetary
requirements,
and
the
department’s
findings
and
recommendations
for
continuation
of
the
program.
Sec.
9.
PLUMBERS
——
LICENSE
EXTENSIONS.
Until
January
1,
2013,
the
plumbing
and
mechanical
systems
board
shall
grant
a
one-time
renewal
of
an
expired
license
if
the
person
holding
the
expired
license
demonstrates
successful
passage
of
a
municipal
or
block
examination.
For
any
licensee
receiving
a
renewal
under
this
section,
the
board
shall
clearly
state
in
any
correspondence
for
succeeding
license
renewals
that
the
provisions
of
Code
section
105.20
shall
apply.
House
File
2465,
p.
6
Sec.
10.
2007
Iowa
Acts,
chapter
219,
section
2,
subsection
2,
paragraph
a,
as
enacted
by
2011
Iowa
Acts,
chapter
133,
section
32,
is
amended
to
read
as
follows:
a.
Notwithstanding
section
8.33
,
moneys
appropriated
in
section
1,
subsection
1,
paragraphs
“a”
and
“f”
of
this
division
of
this
Act
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
for
which
they
were
appropriated
shall
not
revert
but
shall
remain
available
for
the
purposes
designated
until
the
close
of
the
fiscal
year
that
begins
July
1,
2011
2012
,
or
until
the
project
for
which
the
appropriation
was
made
is
completed,
whichever
is
earlier.
Sec.
11.
2010
Iowa
Acts,
chapter
1193,
section
29,
subsection
2,
as
enacted
by
2011
Iowa
Acts,
chapter
127,
section
54,
is
amended
to
read
as
follows:
2.
Notwithstanding
section
8.33
,
moneys
appropriated
in
this
section
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
ending
June
30,
2011,
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
until
the
close
of
the
fiscal
year
ending
June
30,
2012
2013
.
Sec.
12.
2011
Iowa
Acts,
chapter
127,
section
72,
subsection
4,
paragraph
b,
unnumbered
paragraph
1,
as
amended
by
2012
Iowa
Acts,
Senate
File
2313,
section
13,
if
enacted,
is
amended
to
read
as
follows:
The
department
shall,
in
coordination
with
the
health
facilities
division,
make
the
following
information
available
to
the
public
by
December
31,
2012,
as
part
of
the
department’s
development
efforts
to
revise
the
department’s
internet
website:
Sec.
13.
2012
Iowa
Acts,
House
File
675,
section
28,
subsection
2,
is
amended
to
read
as
follows:
2.
The
notice
provisions
contained
in
this
Act
relating
to
residential
construction
apply
only
to
material
furnished
or
labor
performed
after
the
effective
date
of
this
Act.
Sec.
14.
2012
Iowa
Acts,
Senate
File
2289,
as
enacted,
is
amended
by
adding
the
following
new
section:
SEC.
___.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
15.
NEW
SECTION
.
15E.71
Executive
council
action.
Notwithstanding
section
7D.29,
subsection
1,
the
executive
council
in
full
consultation
with
the
attorney
general,
and
with
the
agreement
of
the
attorney
general,
shall
take
any
action
deemed
necessary
to
protect
the
interests
of
the
House
File
2465,
p.
7
state
with
respect
to
any
certificates,
tax
credits,
entities
created,
or
action
taken
in
relation
to
this
division.
Such
actions
may
include
but
are
not
limited
to
initiation
of
legal
action,
commencement
of
special
investigations,
institution
of
special
audits
of
any
involved
entity,
or
establishment
of
receiverships.
If
such
action
is
taken,
the
council
may
incur
the
necessary
expense
to
perform
such
a
duty
or
cause
such
a
duty
to
be
performed,
and
pay
the
same
out
of
any
money
in
the
state
treasury
not
otherwise
appropriated.
Sec.
16.
Section
16.27,
subsections
4
and
5,
Code
2011,
are
amended
by
striking
the
subsections.
Sec.
17.
Section
16.27,
subsection
6,
Code
2011,
is
amended
to
read
as
follows:
6.
The
authority
shall
cause
to
be
delivered
to
the
legislative
fiscal
committee
within
ninety
days
of
the
close
of
its
fiscal
year
its
annual
report
certified
by
an
independent
certified
public
accountant
(who
may
be
the
accountant
or
a
member
of
the
firm
of
accountants
who
regularly
audits
the
books
and
accounts
of
the
authority)
selected
by
the
authority.
In
the
event
that
the
principal
amount
of
any
bonds
or
notes
deposited
in
a
bond
reserve
fund
is
withdrawn
for
payment
of
principal
or
interest
thereby
reducing
the
amount
of
that
fund
to
less
than
the
bond
reserve
fund
requirement,
the
authority
shall
immediately
notify
the
general
assembly
of
this
event
and
shall
thereafter
take
steps
to
restore
such
bond
reserve
to
the
bond
reserve
fund
requirement
for
that
fund
from
any
amounts
available,
other
than
principal
of
a
bond
issue,
which
are
not
pledged
to
the
payment
of
other
bonds
or
notes.
Sec.
18.
NEW
SECTION
.
17A.6A
Rulemaking
internet
site.
1.
Subject
to
the
direction
of
the
administrative
rules
coordinator,
each
agency
shall
make
available
to
the
public
a
uniform,
searchable,
and
user-friendly
rules
database,
published
on
an
internet
site.
2.
An
agency’s
rulemaking
internet
site
shall
also
make
available
to
the
public
all
of
the
following:
a.
A
brief
summary
of
the
rulemaking
process,
including
a
description
of
any
opportunity
for
public
participation
in
the
process.
b.
Process
forms
for
filing
comments
or
complaints
concerning
proposed
or
adopted
rules.
c.
Process
forms
and
instructions
for
filing
a
petition
for
rulemaking,
a
petition
for
a
declaratory
order,
or
a
request
for
a
waiver
of
an
administrative
rule.
House
File
2465,
p.
8
d.
Any
other
material
prescribed
by
the
administrative
rules
coordinator.
3.
To
the
extent
practicable,
the
administrative
rules
coordinator
shall
create
a
uniform
format
for
rulemaking
internet
sites.
Sec.
19.
Section
17A.7,
subsection
2,
Code
2011,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
2.
Beginning
July
1,
2012,
over
each
five-year
period
of
time,
an
agency
shall
conduct
an
ongoing
and
comprehensive
review
of
all
of
the
agency’s
rules.
The
goal
of
the
review
is
the
identification
and
elimination
of
all
rules
of
the
agency
that
are
outdated,
redundant,
or
inconsistent
or
incompatible
with
statute
or
its
own
rules
or
those
of
other
agencies.
An
agency
shall
commence
its
review
by
developing
a
plan
of
review
in
consultation
with
major
stakeholders
and
constituent
groups.
When
the
agency
completes
its
five-year
review
of
its
rules,
the
agency
shall
provide
a
summary
of
the
results
to
the
administrative
rules
coordinator
and
the
administrative
rules
review
committee.
Sec.
20.
Section
17A.8,
subsection
4,
Code
2011,
is
amended
to
read
as
follows:
4.
a.
The
committee
shall
choose
a
chairperson
from
its
membership
and
prescribe
its
rules
of
procedure.
The
committee
may
employ
a
secretary
or
may
appoint
the
administrative
code
editor
or
a
designee
to
act
as
secretary.
b.
The
chairperson
of
the
committee
shall
be
chosen
as
provided
in
this
paragraph.
For
the
term
commencing
with
the
convening
of
the
first
regular
session
of
each
general
assembly
and
ending
upon
the
convening
of
the
second
regular
session
of
that
general
assembly,
the
chairperson
shall
be
chosen
by
the
committee
from
its
members
who
are
members
of
the
house
of
representatives.
For
the
term
commencing
with
the
convening
of
the
second
regular
session
of
each
general
assembly
and
ending
upon
the
convening
of
the
first
regular
session
of
the
next
general
assembly,
the
chairperson
shall
be
chosen
by
the
committee
from
its
members
who
are
members
of
the
senate.
A
vacancy
shall
be
filled
in
the
same
manner
as
the
original
appointment
and
shall
be
for
the
remainder
of
the
unexpired
term
of
the
vacancy.
Sec.
21.
Section
97B.52A,
subsection
1,
paragraph
c,
subparagraph
(2),
subparagraph
division
(b),
Code
2011,
is
amended
to
read
as
follows:
House
File
2465,
p.
9
(b)
For
a
member
whose
first
month
of
entitlement
is
July
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.
22.
Section
123.49,
subsection
2,
paragraph
d,
Code
Supplement
2011,
is
amended
to
read
as
follows:
d.
(1)
Keep
on
premises
covered
by
a
liquor
control
license
any
alcoholic
liquor
in
any
container
except
the
original
package
purchased
from
the
division,
and
except
mixed
drinks
or
cocktails
mixed
on
the
premises
for
immediate
consumption
on
the
licensed
premises
or
as
otherwise
provided
by
this
paragraph
“d”
.
This
prohibition
does
not
apply
to
common
carriers
holding
a
class
“D”
liquor
control
license.
(2)
Mixed
drinks
or
cocktails
mixed
on
the
premises
that
are
not
for
immediate
consumption
may
be
consumed
on
the
licensed
premises
subject
to
the
requirements
of
this
subparagraph
pursuant
to
rules
adopted
by
the
division.
The
rules
shall
provide
that
the
mixed
drinks
or
cocktails
be
stored,
for
no
longer
than
seventy-two
hours,
in
a
labeled
container
in
a
quantity
that
does
not
exceed
three
gallons.
The
rules
shall
also
provide
that
added
flavors
and
other
nonbeverage
ingredients
included
in
the
mixed
drinks
or
cocktails
shall
not
include
hallucinogenic
substances
or
added
caffeine
or
other
added
stimulants
including
but
not
limited
to
guarana,
ginseng,
and
taurine.
In
addition,
the
rules
shall
require
that
the
licensee
keep
records
as
to
when
the
contents
in
a
particular
container
were
mixed
and
the
recipe
used
for
that
mixture.
Sec.
23.
Section
256C.4,
subsection
1,
Code
2011,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
g.
For
the
fiscal
year
beginning
July
1,
2011,
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
more
than
five
percent
may
be
used
by
the
school
district
for
administering
the
district’s
approved
local
program.
NEW
PARAGRAPH
.
h.
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
of
the
per
pupil
amount
shall
be
passed
through
to
a
community-based
provider
for
each
pupil
enrolled
House
File
2465,
p.
10
in
the
district’s
approved
local
program.
For
the
fiscal
year
beginning
July
1,
2011,
and
each
succeeding
fiscal
year,
not
more
than
five
percent
of
the
amount
of
preschool
foundation
aid
passed
through
to
a
community-based
provider
may
be
used
by
the
community-based
provider
for
administrative
costs.
Sec.
24.
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.
25.
Section
257.37,
subsections
1
and
2,
Code
2011,
are
amended
to
read
as
follows:
1.
For
the
budget
year
beginning
July
1,
1991,
and
succeeding
budget
years,
the
total
amount
funded
in
each
area
for
media
services
shall
be
computed
as
provided
in
this
subsection
.
For
the
budget
year
beginning
July
1,
1991,
the
total
amount
funded
in
each
area
for
media
services
in
the
base
year
,
including
the
cost
for
media
resource
material
which
shall
only
be
used
for
the
purchase
or
replacement
of
material
required
in
section
273.6,
subsection
1
,
paragraphs
“a”
,
“b”
,
and
“c”
,
shall
be
divided
by
the
enrollment
served
in
the
base
year
to
provide
an
area
media
services
cost
per
pupil
in
the
base
year,
and
the
department
of
management
shall
compute
the
state
media
services
cost
per
pupil
in
the
base
year
which
is
equal
to
the
average
of
the
area
media
services
costs
per
pupil
in
the
base
year.
For
the
budget
year
beginning
July
1,
1991,
and
succeeding
budget
years,
the
department
of
management
shall
compute
the
allowable
growth
for
media
services
in
the
budget
year
by
multiplying
the
state
media
services
cost
per
pupil
in
the
base
year
times
the
state
percent
of
growth
for
the
budget
year,
and
the
total
amount
funded
in
each
area
for
media
services
cost
in
the
budget
year
equals
the
area
media
services
cost
per
pupil
in
the
base
year
plus
the
allowable
growth
for
media
services
in
the
budget
year
times
the
enrollment
served
in
the
budget
year.
Funds
shall
be
paid
to
area
education
agencies
as
provided
in
section
257.35
.
2.
Thirty
Up
to
thirty
percent
of
the
budget
of
an
area
House
File
2465,
p.
11
for
media
services
shall
may
be
expended
for
media
resource
material
which
shall
only
be
used
for
including
the
purchase
or
replacement
of
material
required
in
section
273.6,
subsection
1
.
Funds
shall
be
paid
to
area
education
agencies
as
provided
in
section
257.35
.
Sec.
26.
Section
261.93,
Code
2011,
is
amended
to
read
as
follows:
261.93
Program
established
——
who
qualified.
1.
An
Iowa
grant
program
is
established.
2.
a.
A
grant
may
be
awarded
to
a
resident
of
Iowa
who
is
admitted
and
in
attendance
as
a
full-time
or
part-time
resident
student
at
an
accredited
higher
education
institution
and
who
establishes
financial
need.
b.
Top
priority
in
awarding
program
grants
shall
be
given
to
a
qualified
student
who
is
a
resident
of
Iowa;
is
under
the
age
of
twenty-six,
or
the
age
of
thirty
if
the
student
is
a
veteran
who
is
eligible
for
benefits,
or
has
exhausted
the
benefits,
under
the
federal
Post-9/11
Veterans
Educational
Assistance
Act
of
2008;
is
not
a
convicted
felon
as
defined
in
section
910.15;
and
who
meets
any
of
the
following
criteria:
(1)
Is
the
child
of
a
peace
officer,
as
defined
in
section
97A.1,
who
was
killed
in
the
line
of
duty
as
determined
by
the
board
of
trustees
of
the
Iowa
department
of
public
safety
peace
officers’
retirement,
accident,
and
disability
system
in
accordance
with
section
97A.6,
subsection
16.
(2)
Is
the
child
of
a
police
officer
or
a
fire
fighter,
as
defined
in
section
411.1,
who
was
killed
in
the
line
of
duty
as
determined
by
the
statewide
fire
and
police
retirement
system
in
accordance
with
section
411.6,
subsection
15.
(3)
Is
the
child
of
a
sheriff
or
deputy
sheriff
as
defined
in
section
97B.49C,
who
was
killed
in
the
line
of
duty
as
determined
by
the
Iowa
public
employees’
retirement
system
in
accordance
with
section
97B.52,
subsection
2.
(4)
Is
the
child
of
a
fire
fighter
included
under
section
97B.49B,
who
was
killed
in
the
line
of
duty
as
determined
by
the
Iowa
public
employees’
retirement
system
in
accordance
with
section
97B.52,
subsection
2.
3.
Grants
awarded
shall
be
distributed
to
the
appropriate
accredited
higher
education
institution
for
payment
of
educational
expenses,
including
tuition,
room,
board,
and
mandatory
fees,
with
any
balance
to
be
distributed
to
the
student
for
whom
the
grant
is
awarded.
Sec.
27.
Section
261.93A,
Code
2011,
is
amended
to
read
as
House
File
2465,
p.
12
follows:
261.93A
Appropriation
——
percentages.
1.
Of
the
funds
appropriated
to
the
college
student
aid
commission
to
be
allocated
for
the
Iowa
grant
program
for
each
fiscal
year,
thirty-seven
moneys
shall
be
distributed
for
grants
awarded
to
qualified
students
who
meet
the
criteria
established
pursuant
to
section
261.93,
subsection
2,
and
the
funds
remaining
shall
be
distributed
as
follows:
a.
Thirty-seven
and
six-tenths
percent
shall
be
reserved
for
students
attending
regents
institutions
,
twenty-five
.
b.
Twenty-five
and
nine-tenths
percent
shall
be
reserved
for
students
attending
community
colleges
,
and
thirty-six
.
c.
Thirty-six
and
five-tenths
percent
shall
be
reserved
for
students
attending
private
colleges
and
universities.
2.
Funds
appropriated
for
the
Iowa
grant
program
shall
be
used
to
supplement,
not
supplant,
funds
appropriated
for
other
existing
programs
at
the
eligible
institutions.
Sec.
28.
Section
261.95,
subsection
1,
Code
2011,
is
amended
to
read
as
follows:
1.
The
amount
of
a
grant
to
a
qualified
full-time
student
for
an
academic
year
shall
be
the
as
follows:
a.
For
a
student
who
qualifies
under
section
261.93,
subsection
2,
paragraph
“a”
,
the
lesser
of
the
student’s
financial
need
for
that
period
or
up
to
one
thousand
dollars.
b.
For
a
student
who
qualifies
under
section
261.93,
subsection
2,
paragraph
“b”
,
the
lesser
of
the
student’s
financial
need
for
that
period
or
not
more
than
the
resident
tuition
rate
established
for
institutions
of
higher
learning
under
the
control
of
the
state
board
of
regents.
Sec.
29.
Section
321.20B,
subsection
6,
Code
2011,
is
amended
to
read
as
follows:
6.
This
section
does
not
apply
to
a
snowmobile
or
all-terrain
vehicle
or
to
a
motor
vehicle
identified
in
section
321.18,
subsections
1
through
6,
and
subsection
1,
2,
3,
4,
5,
6,
or
8
.
Sec.
30.
Section
418.4,
subsection
3,
paragraph
b,
as
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
5,
is
amended
to
read
as
follows:
b.
For
projects
proposing
to
use
sales
tax
increment
revenues
or
approved
by
the
board
to
use
sales
tax
increment
revenues,
the
project,
or
an
earlier
phase
of
the
project,
has
been
approved
to
receive
financial
assistance
in
an
amount
equal
to
at
least
twenty
percent
of
the
total
project
House
File
2465,
p.
13
cost
or
thirty
million
dollars,
whichever
is
less,
under
a
financial
assistance
program
administered
by
the
United
States
environmental
protection
agency,
the
federal
Water
Resources
Development
Act
,
the
federal
Clean
Water
Act
as
defined
in
section
455B.291,
or
other
federal
program
providing
assistance
specifically
for
hazard
mitigation.
Sec.
31.
Section
422.11D,
subsection
2,
Code
2011,
is
amended
to
read
as
follows:
2.
An
individual
may
claim
a
historic
preservation
and
cultural
and
entertainment
district
tax
credit
allowed
a
partnership,
limited
liability
company,
S
corporation,
estate,
or
trust
electing
to
have
the
income
taxed
directly
to
the
individual.
The
amount
claimed
by
the
individual
shall
be
based
upon
the
pro
rata
share
of
the
individual’s
earnings
of
a
partnership,
limited
liability
company,
S
corporation,
estate,
or
trust
except
when
low-income
housing
tax
credits
authorized
under
section
42
of
the
Internal
Revenue
Code
are
used
to
assist
in
the
financing
of
the
housing
development
in
which
case
the
amount
claimed
by
a
partner
if
the
business
is
a
partnership,
a
shareholder
if
the
business
is
an
S
corporation,
or
a
member
if
the
business
is
a
limited
liability
company
shall
be
based
on
the
amounts
designated
by
the
eligible
partnership,
S
corporation,
or
limited
liability
company.
For
tax
credits
reserved
for
a
fiscal
year
beginning
on
or
after
July
1,
2012,
the
amount
claimed
by
a
partner
if
the
business
is
a
partnership,
a
shareholder
if
the
business
is
an
S
corporation,
or
a
member
if
the
business
is
a
limited
liability
company
shall
be
based
on
the
amounts
designated
by
the
eligible
partnership,
S
corporation,
or
limited
liability
company.
Sec.
32.
Section
476C.3,
subsection
4,
paragraph
b,
Code
Supplement
2011,
is
amended
to
read
as
follows:
b.
The
maximum
amount
of
energy
production
capacity
equivalent
of
all
other
facilities
the
board
may
find
eligible
under
this
chapter
shall
not
exceed
a
combined
output
of
fifty-three
megawatts
of
nameplate
generating
capacity
and
one
hundred
sixty-seven
billion
British
thermal
units
of
heat
for
a
commercial
purpose.
Of
the
maximum
amount
of
energy
production
capacity
equivalent
of
all
other
facilities
found
eligible
under
this
chapter,
no
more
than
ten
megawatts
of
nameplate
generating
capacity
or
energy
production
capacity
equivalent
shall
be
allocated
to
any
one
facility.
Of
the
maximum
amount
of
energy
production
capacity
equivalent
of
all
House
File
2465,
p.
14
other
facilities
found
eligible
under
this
chapter
,
fifty-five
billion
British
thermal
units
of
heat
for
a
commercial
purpose
shall
be
reserved
for
an
eligible
facility
that
is
a
refuse
conversion
facility
for
processed,
engineered
fuel
from
a
multicounty
solid
waste
management
planning
area.
The
maximum
amount
of
energy
production
capacity
the
board
may
find
eligible
for
a
single
refuse
conversion
facility
is
fifty-five
billion
British
thermal
units
of
heat
for
a
commercial
purpose.
Of
the
maximum
amount
of
energy
production
capacity
equivalent
of
all
other
facilities
found
eligible
under
this
chapter,
an
amount
equivalent
to
ten
megawatts
of
nameplate
generating
capacity
shall
be
reserved
for
eligible
renewable
energy
facilities
incorporated
within
or
associated
with
an
ethanol
cogeneration
plant
engaged
in
the
sale
of
ethanol
to
states
to
meet
a
low
carbon
fuel
standard.
Sec.
33.
Section
476C.3,
Code
Supplement
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
Notwithstanding
the
definition
of
“eligible
renewable
energy
facility”
in
section
476C.1,
subsection
6,
unnumbered
paragraph
1,
of
the
maximum
amount
of
energy
production
capacity
equivalent
of
all
other
facilities
found
eligible
pursuant
to
subsection
4,
paragraph
“b”
,
an
amount
equivalent
to
ten
megawatts
of
nameplate
generating
capacity
shall
be
reserved
for
natural
gas
cogeneration
facilities
incorporated
within
or
associated
with
an
ethanol
plant
to
assist
the
ethanol
plant
in
meeting
a
low
carbon
fuel
standard.
Sec.
34.
Section
507.14,
subsection
4,
Code
2011,
is
amended
to
read
as
follows:
4.
Confidential
documents,
materials,
information,
administrative
or
judicial
orders,
or
other
actions
may
be
disclosed
to
a
regulatory
official
of
any
state,
federal
agency,
or
foreign
country
provided
that
the
recipients
are
required,
under
their
law,
to
maintain
their
confidentiality.
Confidential
records
may
be
disclosed
to
the
national
association
of
insurance
commissioners
,
the
international
association
of
insurance
supervisors,
and
the
bank
for
international
settlements
provided
that
the
association
certifies
associations
and
bank
certify
by
written
statement
that
the
confidentiality
of
the
records
will
be
maintained.
Sec.
35.
Section
511.8,
subsection
19,
Code
Supplement
2011,
is
amended
to
read
as
follows:
19.
Other
foreign
government
or
corporate
obligations.
House
File
2465,
p.
15
a.
Bonds
or
other
evidences
of
indebtedness,
not
to
include
currency,
issued,
assumed,
or
guaranteed
by
a
foreign
government
other
than
Canada,
or
by
a
corporation
incorporated
under
the
laws
of
a
foreign
government
other
than
Canada.
Such
governmental
obligations
must
be
valid,
legally
authorized
and
issued,
and
on
the
date
of
acquisition
have
predominantly
investment
qualities
and
characteristics
as
provided
by
rule.
Such
corporate
obligations
must
meet
the
qualifications
established
in
subsection
5
for
bonds
and
other
evidences
of
indebtedness
issued,
assumed,
or
guaranteed
by
a
corporation
incorporated
under
the
laws
of
the
United
States
or
Canada.
Foreign
investments
authorized
by
this
subsection
are
not
eligible
in
excess
of
twenty
twenty-five
percent
of
the
legal
reserve
of
the
life
insurance
company
or
association.
Investments
in
obligations
of
a
foreign
government,
other
than
Canada
and
,
the
United
Kingdom,
and
foreign
governments
rated
AAA
by
Standard
and
Poor’s
division
of
McGraw-Hill
companies,
inc.,
or
Aaa
by
Moody’s
investors
services,
inc.,
are
not
eligible
in
excess
of
two
percent
of
the
legal
reserve
in
the
securities
of
foreign
governments
of
any
one
foreign
nation.
Investments
in
obligations
of
the
United
Kingdom
are
not
eligible
in
excess
of
four
percent
of
the
legal
reserve.
Investments
in
obligations
of
foreign
governments
rated
either
AAA
by
Standard
and
Poor’s
division
of
McGraw-Hill
companies,
inc.,
or
Aaa
by
Moody’s
investors
services,
inc.,
are
not
eligible
in
excess
of
five
percent
of
the
legal
reserve.
Investments
in
a
corporation
incorporated
under
the
laws
of
a
foreign
government
other
than
Canada
are
not
eligible
in
excess
of
two
percent
of
the
legal
reserve
in
the
securities
of
any
one
foreign
corporation.
b.
Eligible
investments
in
foreign
obligations
under
this
subsection
are
limited
to
the
types
of
obligations
specifically
referred
to
in
this
subsection
.
This
subsection
in
no
way
limits
or
restricts
investments
in
Canadian
obligations
and
securities
specifically
authorized
in
other
subsections
of
this
section
.
c.
This
subsection
shall
not
authorize
investment
in
evidences
of
indebtedness
issued,
assumed,
or
guaranteed
by
a
foreign
government
which
engages
in
a
consistent
pattern
of
gross
violations
of
human
rights.
Sec.
36.
NEW
SECTION
.
514C.29
Services
provided
by
a
doctor
of
chiropractic.
1.
Notwithstanding
the
uniformity
of
treatment
requirements
House
File
2465,
p.
16
of
section
514C.6,
a
policy,
contract,
or
plan
providing
for
third-party
payment
or
prepayment
of
health
or
medical
expenses
shall
not
impose
a
copayment
or
coinsurance
amount
on
an
insured
for
services
provided
by
a
doctor
of
chiropractic
licensed
pursuant
to
chapter
151
that
is
greater
than
the
copayment
or
coinsurance
amount
imposed
on
the
insured
for
services
provided
by
a
person
engaged
in
the
practice
of
medicine
and
surgery
or
osteopathic
medicine
and
surgery
under
chapter
148
for
the
same
or
a
similar
diagnosed
condition
even
if
a
different
nomenclature
is
used
to
describe
the
condition
for
which
the
services
are
provided.
2.
This
section
applies
to
the
following
classes
of
third-party
payment
provider
policies,
contracts,
or
plans
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
state
on
or
after
July
1,
2012:
a.
Individual
or
group
accident
and
sickness
insurance
providing
coverage
on
an
expense-incurred
basis.
b.
An
individual
or
group
hospital
or
medical
service
contract
issued
pursuant
to
chapter
509,
514,
or
514A.
c.
An
individual
or
group
health
maintenance
organization
contract
regulated
under
chapter
514B.
d.
A
plan
established
pursuant
to
chapter
509A
for
public
employees.
e.
An
organized
delivery
system
licensed
by
the
director
of
public
health.
3.
This
section
shall
not
apply
to
accident-only,
specified
disease,
short-term
hospital
or
medical,
hospital
confinement
indemnity,
credit,
dental,
vision,
Medicare
supplement,
long-term
care,
basic
hospital
and
medical-surgical
expense
coverage
as
defined
by
the
commissioner,
disability
income
insurance
coverage,
coverage
issued
as
a
supplement
to
liability
insurance,
workers’
compensation
or
similar
insurance,
or
automobile
medical
payment
insurance.
Sec.
37.
Section
598.41,
subsection
3,
Code
2011,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
k.
Whether
a
parent
has
allowed
a
person
custody
or
control
of,
or
unsupervised
access
to
a
child
after
knowing
the
person
is
required
to
register
or
is
on
the
sex
offender
registry
as
a
sex
offender
under
chapter
692A.
Sec.
38.
REPEAL.
2012
Iowa
Acts,
House
File
2168,
section
5,
is
repealed.
Sec.
39.
HOUSING
ENTERPRISE
ZONE
TAX
CREDIT
ISSUANCE.
1.
Notwithstanding
section
15E.193B,
subsection
4,
the
House
File
2465,
p.
17
authority
may
issue
a
tax
credit
to
an
eligible
housing
business
for
a
project
not
completed
within
two
years
from
the
time
the
business
began
construction
if
a
city
failed
to
file
the
appropriate
paperwork
with
the
authority
requesting
an
extension
for
the
project
pursuant
to
section
15E.193B,
subsection
4.
2.
The
authorization
described
in
subsection
1
only
applies
to
projects
for
which
a
city
failed
to
file
an
extension
between
January
1,
2007,
and
January
1,
2008,
and
only
to
benefits
earned
for
a
project
between
February
8,
2005,
and
February
8,
2008.
Sec.
40.
CODE
EDITOR
DIRECTIVE.
Sections
572.1,
572.8,
572.10,
572.13,
572.18,
572.22,
and
572.24,
Code
and
Code
Supplement
2011,
as
amended
by
2012
Iowa
Acts,
House
File
675,
sections
2,
4,
6,
8,
15,
16,
and
18,
if
enacted,
are
amended
as
follows:
1.
By
striking
from
the
sections
the
words
“state
construction
registry”
and
inserting
in
lieu
thereof
the
words
“mechanics’
notice
and
lien
registry”.
Sec.
41.
CODE
EDITOR
DIRECTIVE.
Sections
572.13A,
572.13B,
and
572.34,
if
enacted
by
2012
Iowa
Acts,
House
File
675,
sections
9,
10,
and
25,
are
amended
as
follows:
1.
By
striking
from
the
sections
the
words
“state
construction
registry”
and
inserting
in
lieu
thereof
the
words
“mechanics’
notice
and
lien
registry”.
Sec.
42.
EFFECTIVE
UPON
ENACTMENT.
The
following
provision
or
provisions
of
this
division
of
this
Act,
being
deemed
of
immediate
importance,
take
effect
upon
enactment:
1.
The
section
of
this
division
of
this
Act
enacting
section
256C.4,
subsection
1,
paragraphs
“g”
and
“h”.
2.
The
section
of
this
division
of
this
Act
amending
section
418.4,
subsection
3,
paragraph
“b”,
as
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
5.
3.
The
section
of
this
division
of
this
Act
amending
2012
Iowa
Acts,
Senate
File
2289.
4.
The
section
of
this
division
of
this
Act
amending
2010
Iowa
Acts,
chapter
1193,
section
29,
subsection
2,
as
enacted
by
2011
Iowa
Acts,
chapter
127,
section
54.
5.
The
section
of
this
division
of
this
Act
amending
2007
Iowa
Acts,
chapter
219,
section
2,
subsection
2,
paragraph
a,
as
enacted
by
2011
Iowa
Acts,
chapter
133,
section
32.
6.
The
section
of
this
division
of
this
Act
relating
to
joint
state-federal
mortgage
servicing
settlement
moneys.
House
File
2465,
p.
18
Sec.
43.
EFFECTIVE
DATE.
The
sections
of
this
division
of
this
Act
amending
sections
572.1,
572.8,
572.10,
572.13,
572.13A,
572.13B,
572.18,
572.22,
572.24,
and
572.34,
take
effect
January
1,
2013.
Sec.
44.
RETROACTIVE
APPLICABILITY.
The
following
provision
or
provisions
of
this
division
of
this
Act
apply
retroactively
to
April
19,
2012:
1.
The
section
of
this
division
of
this
Act
amending
section
418.4,
subsection
3,
paragraph
“b”,
as
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
5.
Sec.
45.
RETROACTIVE
APPLICABILITY.
The
following
provision
or
provisions
of
this
division
of
this
Act
apply
retroactively
to
April
12,
2012:
1.
The
section
of
this
division
of
this
Act
amending
2012
Iowa
Acts,
Senate
File
2289.
DIVISION
III
CORRECTIVE
PROVISIONS
Sec.
46.
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
physically
appear
within
the
presence
of
a
notary
public
notarial
officer
at
the
time
the
notarization
occurs
notarial
act
is
performed
.
Sec.
47.
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.
House
File
2465,
p.
19
Sec.
48.
Section
135.156E,
subsection
1,
paragraph
b,
if
enacted
by
2012
Iowa
Acts,
Senate
File
2318,
section
14,
is
amended
to
read
as
follows:
b.
Require
authentication
controls
to
verify
the
identify
identity
and
role
of
the
participant
using
the
Iowa
health
information
network.
Sec.
49.
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,
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.
50.
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
House
File
2465,
p.
20
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.
51.
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
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.
52.
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.
53.
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.
54.
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.
55.
Section
161A.63,
Code
2011,
as
amended
by
2012
Iowa
House
File
2465,
p.
21
Acts,
Senate
File
2311,
section
16,
if
enacted,
is
amended
to
read
as
follows:
161A.63
Right
of
purchaser
of
agricultural
land
to
obtain
information.
A
prospective
purchaser
of
an
interest
in
agricultural
land
located
in
this
state
is
entitled
to
obtain
from
the
seller,
or
from
the
office
of
the
soil
and
water
conservation
district
in
which
the
land
is
located,
a
copy
of
the
most
recently
updated
farm
unit
soil
conservation
plan,
developed
pursuant
to
section
161A.62,
subsection
2
,
which
are
is
applicable
to
the
agricultural
land
proposed
to
be
purchased.
A
prospective
purchaser
of
an
interest
in
agricultural
land
located
in
this
state
is
entitled
to
obtain
additional
copies
of
either
or
both
of
the
documents
document
referred
to
in
this
section
from
the
office
of
the
soil
and
water
conservation
district
in
which
the
land
is
located,
promptly
upon
request,
at
a
fee
not
to
exceed
the
cost
of
reproducing
them.
All
persons
who
identify
themselves
to
the
commissioners
or
staff
of
a
soil
and
water
conservation
district
as
prospective
purchasers
of
agricultural
land
in
the
district
shall
be
given
information,
prepared
in
accordance
with
rules
of
the
department,
which
clearly
explains
the
provisions
of
section
161A.76
.
Sec.
56.
Section
203C.14,
Code
2011,
as
amended
by
2012
Iowa
Acts,
Senate
File
2311,
section
107,
if
enacted,
is
amended
to
read
as
follows:
203C.14
Suit
——
claims
——
notice
of
revocation.
1.
A
person
injured
by
the
breach
of
an
obligation
of
a
warehouse
operator,
for
the
performance
of
which
a
bond
on
agricultural
products
other
than
bulk
grain,
a
deficiency
bond,
or
an
irrevocable
letter
of
credit
has
been
given
under
any
of
the
provisions
of
this
chapter
,
may
sue
on
the
bond
on
agricultural
products
other
than
bulk
grain,
deficiency
bond,
or
irrevocable
letter
of
credit
in
the
person’s
own
name
in
a
court
of
competent
jurisdiction
to
recover
any
damages
the
person
has
sustained
by
reason
of
the
breach.
2.
a.
Upon
the
cessation
of
a
warehouse
operator’s
license
due
to
revocation,
cancellation,
or
expiration,
a
claim
against
the
warehouse
operator
arising
under
this
chapter
shall
be
made
in
writing
with
the
warehouse
operator,
with
the
issuer
of
a
bond
on
agricultural
products
other
than
bulk
grain,
a
deficiency
bond,
or
an
irrevocable
letter
of
credit,
and,
if
the
claim
relates
to
bulk
grain,
with
the
department.
The
claim
must
be
made
within
one
hundred
twenty
days
after
the
House
File
2465,
p.
22
cessation
of
the
license.
The
failure
to
make
a
timely
claim
relieves
the
issuer
and,
if
the
claim
relates
to
bulk
grain,
the
grain
depositors
and
sellers
indemnity
fund
provided
in
chapter
203D
of
all
obligations
to
the
claimant.
3.
b.
Upon
revocation
of
a
warehouse
license,
the
department
shall
cause
notice
of
the
revocation
to
be
published
once
each
week
for
two
consecutive
weeks
in
a
newspaper
of
general
circulation
in
each
of
the
counties
in
which
the
licensee
maintains
a
business
location
and
in
a
newspaper
of
general
circulation
within
the
state.
The
notice
shall
state
the
name
and
address
of
the
warehouse
operator
and
the
effective
date
of
revocation.
The
notice
shall
also
state
that
any
claims
against
the
warehouse
operator
shall
be
made
in
writing
and
sent
by
ordinary
mail
to
the
warehouse
operator,
to
the
issuer
of
a
bond
on
agricultural
products
other
than
bulk
grain,
deficiency
bond,
or
an
irrevocable
letter
of
credit,
and
to
the
department
within
one
hundred
twenty
days
after
revocation,
and
the
notice
shall
state
that
the
failure
to
make
a
timely
claim
does
not
relieve
the
warehouse
operator
from
liability
to
the
claimant.
c.
This
paragraph
subsection
does
not
apply
if
a
receiver
is
appointed
as
provided
in
this
chapter
pursuant
to
a
petition
which
is
filed
by
the
department
prior
to
the
expiration
of
one
hundred
twenty
days
after
revocation,
termination,
or
cancellation
cessation
of
warehouse
operator’s
license.
Sec.
57.
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:
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.
58.
Section
261.115,
subsection
3,
paragraphs
c
and
d,
House
File
2465,
p.
23
if
enacted
by
2012
Iowa
Acts,
House
File
2458,
section
1,
are
amended
to
read
as
follows:
c.
Complete
their
the
residency
program
requirement
with
an
Iowa-based
residency
program.
d.
Within
nine
months
of
graduating
from
their
the
residency
program
and
receiving
a
permanent
license
in
accordance
with
paragraph
“b”
,
engage
in
the
full-time
practice
of
medicine
and
surgery
or
osteopathic
medicine
and
surgery
specializing
in
family
medicine,
pediatrics,
psychiatry,
internal
medicine,
or
general
surgery
for
a
period
of
sixty
consecutive
months
in
the
service
commitment
area
specified
under
subsection
6,
unless
the
loan
repayment
recipient
receives
a
waiver
from
the
commission
to
complete
the
months
of
practice
required
under
the
agreement
in
another
service
commitment
area
pursuant
to
subsection
6.
Sec.
59.
Section
261.115,
subsection
8,
if
enacted
by
2012
Iowa
Acts,
House
File
2458,
section
1,
is
amended
to
read
as
follows:
8.
Part-time
practice
——
agreement
amended.
A
person
who
entered
into
an
agreement
pursuant
to
subsection
3
may
apply
to
the
commission
to
amend
the
agreement
to
allow
the
person
to
engage
in
less
than
the
full-time
practice
specified
in
the
agreement
and
under
subsection
3,
paragraph
“d”
.
If
the
commission
determines
exceptional
circumstances
exist,
the
commission
and
the
person
may
consent
to
amend
the
agreement
under
which
the
person
shall
engage
in
less
than
full-time
practice
of
medicine
and
surgery
or
osteopathic
medicine
and
surgery
specializing
in
family
medicine,
pediatrics,
psychiatry,
internal
medicine,
or
general
surgery
in
a
service
commitment
area
for
an
extended
period
of
part-time
practice
determined
by
the
commission
to
be
proportional
to
the
amount
of
full-time
practice
remaining
under
the
original
agreement.
Sec.
60.
Section
261.115,
subsection
9,
paragraph
b,
if
enacted
by
2012
Iowa
Acts,
House
File
2458,
section
1,
is
amended
to
read
as
follows:
b.
Except
for
a
postponement
under
paragraph
“a”
,
subparagraph
(6),
an
obligation
to
engage
in
practice
under
an
agreement
entered
into
pursuant
to
subsection
3,
shall
not
be
postponed
for
more
than
two
years
from
the
time
the
full-time
practice
was
to
have
commenced
under
the
agreement.
Sec.
61.
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:
House
File
2465,
p.
24
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.
62.
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.
63.
Section
321.323A,
subsection
3,
paragraph
c,
subparagraph
(1),
if
enacted
by
2012
Iowa
Acts,
House
File
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.
64.
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.
65.
Section
321I.7,
subsection
3,
Code
2011,
as
amended
by
2012
Iowa
Acts,
House
File
2467,
section
39,
is
amended
to
read
as
follows:
3.
Duplicate
registrations
may
be
issued
by
a
county
recorder
or
a
license
agent
and
upon
the
payment
of
a
five
dollar
fee
plus
a
writing
fee
as
provided
in
section
321I.29.
Sec.
66.
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
.
House
File
2465,
p.
25
Sec.
67.
Section
326.3,
subsection
19,
if
enacted
by
2012
Iowa
Acts,
Senate
File
2216,
section
18,
is
amended
to
read
as
follows:
19.
“Operational
records”
means
source
documents
that
evidence
distance
traveled
by
a
fleet
in
each
member
jurisdiction,
such
as
furl
fuel
reports,
trip
sheets,
and
driver
logs,
including
those
which
may
be
generated
through
on-board
devices
and
maintained
electronically,
as
required
by
the
audit
procedures
manual.
Sec.
68.
Section
418.4,
subsection
1,
paragraph
b,
if
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
5,
is
amended
to
read
as
follows:
b.
A
governmental
entity
as
defined
in
section
418.1,
subsection
4,
paragraph
“c”
,
shall
have
the
power
to
construct,
acquire,
own,
repair,
improve,
operate,
and
maintain
a
project,
may
sue
and
be
sued,
contract,
and
acquire
and
hold
real
and
personal
property,
subject
to
the
limitation
in
paragraph
“c”
,
and
shall
have
such
other
powers
as
may
be
included
in
the
chapter
28E
agreement.
Such
a
governmental
entity
may
contract
with
a
city
or
the
county
participating
in
the
chapter
28E
agreement
to
perform
any
governmental
service,
activity,
or
undertaking
that
the
city
or
county
is
authorized
by
law
to
perform,
including
but
not
limited
to
contracts
for
administrative
services.
Sec.
69.
Section
418.5,
subsection
7,
if
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
6,
is
amended
to
read
as
follows:
7.
A
majority
of
the
board
voting
members
constitutes
a
quorum.
Sec.
70.
Section
418.9,
subsection
2,
paragraph
g,
if
enacted
by
2012
Iowa
Acts,
Senate
File
2217,
section
10,
is
amended
to
read
as
follows:
g.
Whether
the
project
plan
is
consistent
with
the
applicable
comprehensive
,
countywide
emergency
operations
plan
in
effect
and
other
applicable
local
hazard
mitigation
plans.
Sec.
71.
Section
504.719,
subsection
3,
as
enacted
by
2012
Iowa
Acts,
Senate
File
2260,
section
8,
is
amended
to
read
as
follows:
3.
An
inspector
may,
but
is
not
required
to,
be
a
director,
member
of
a
designated
body,
member,
officer,
or
employee
of
the
corporation.
A
person
who
is
a
candidate
for
an
office
to
be
filled
at
the
meeting
shall
not
be
an
inspector
at
that
meeting.
House
File
2465,
p.
26
Sec.
72.
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
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.
73.
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.
74.
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
House
File
2465,
p.
27
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.
Sec.
75.
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.
76.
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.
77.
EFFECTIVE
DATE.
The
section
of
this
division
of
this
Act
amending
section
9B.2,
subsection
10,
paragraph
a,
takes
effect
January
1,
2013.
Sec.
78.
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.
79.
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.
80.
EFFECTIVE
UPON
ENACTMENT.
The
section
of
this
division
of
this
Act
amending
section
135.156E,
subsection
1,
paragraph
“b”,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
81.
RETROACTIVE
APPLICABILITY.
The
section
of
this
House
File
2465,
p.
28
division
of
this
Act
amending
section
135.156E,
subsection
1,
paragraph
“b”,
applies
retroactively
to
the
effective
date
of
2012
Iowa
Acts,
Senate
File
2318.
Sec.
82.
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.
83.
RETROACTIVE
APPLICABILITY.
The
section
of
this
division
of
this
Act
amending
section
322.5,
subsection
6,
paragraph
“b”,
subparagraph
(2),
applies
retroactively
to
the
effective
date
of
2012
Iowa
Acts,
Senate
File
2249.
Sec.
84.
EFFECTIVE
UPON
ENACTMENT.
The
sections
of
this
division
of
this
Act
amending
section
418.4,
subsection
1,
paragraph
“b”,
section
418.5,
subsection
7,
and
section
418.9,
subsection
2,
paragraph
“g”,
being
deemed
of
immediate
importance,
take
effect
upon
enactment.
Sec.
85.
RETROACTIVE
APPLICABILITY.
The
sections
of
this
division
of
this
Act
amending
section
418.4,
subsection
1,
paragraph
“b”,
section
418.5,
subsection
7,
and
section
418.9,
subsection
2,
paragraph
“g”,
apply
retroactively
to
the
effective
date
of
2012
Iowa
Acts,
Senate
File
2217.
Sec.
86.
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.
87.
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.
DIVISION
IV
CARRY
FORWARD
APPROPRIATIONS
Sec.
88.
IOWA
STATE
MEMORIAL
——
RESTORATION.
There
is
appropriated
from
the
general
fund
of
the
state
to
the
department
of
cultural
affairs
for
the
fiscal
year
beginning
July
1,
2011,
and
ending
June
30,
2012,
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
designated:
For
the
preservation
and
restoration
of
the
Iowa
state
memorial
at
Vicksburg
national
military
park:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
320,000
Notwithstanding
section
8.33,
moneys
appropriated
in
this
section
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
House
File
2465,
p.
29
expenditure
for
the
purposes
designated
until
the
close
of
the
fiscal
year
that
begins
July
1,
2013.
Sec.
89.
DEPARTMENT
OF
NATURAL
RESOURCES
——
ECONOMIC
EMERGENCY
FUND.
There
is
appropriated
from
the
Iowa
economic
emergency
fund
to
the
department
of
natural
resources
for
the
fiscal
year
beginning
July
1,
2011,
and
ending
June
30,
2012,
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
designated,
notwithstanding
section
8.55,
subsection
1:
For
the
repair
of
damages
due
to
the
flooding
of
the
Missouri
river
during
the
calendar
year
2011
in
the
Lewis
and
Clark,
lake
Manawa,
and
Wilson
island
state
parks
and
recreation
area:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,865,743
For
purposes
of
section
8.33,
unless
specifically
provided
otherwise,
unencumbered
or
unobligated
moneys
remaining
from
the
appropriation
made
in
this
section
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
until
the
close
of
the
fiscal
year
that
ends
two
years
after
the
end
of
the
fiscal
year
for
which
the
appropriation
is
made.
However,
if
the
project
or
projects
for
which
the
appropriation
was
made
are
completed
in
an
earlier
fiscal
year,
unencumbered
or
unobligated
moneys
shall
revert
at
the
close
of
that
same
fiscal
year.
Sec.
90.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
V
TIME
SERVED
Sec.
91.
Section
907.3,
subsection
3,
unnumbered
paragraph
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
By
record
entry
at
the
time
of
or
after
sentencing,
the
court
may
suspend
the
sentence
and
place
the
defendant
on
probation
upon
such
terms
and
conditions
as
it
may
require
including
commitment
to
an
alternate
jail
facility
or
a
community
correctional
residential
treatment
facility
to
be
followed
by
a
period
of
probation
as
specified
in
section
907.7
,
or
commitment
of
the
defendant
to
the
judicial
district
department
of
correctional
services
for
supervision
or
services
under
section
901B.1
at
the
level
of
sanctions
which
the
district
department
determines
to
be
appropriate
and
the
payment
of
fees
imposed
under
section
905.14
.
A
person
so
committed
who
has
probation
revoked
shall
not
be
given
credit
for
such
time
served.
However,
the
a
person
committed
to
an
alternate
jail
House
File
2465,
p.
30
facility
or
a
community
correctional
residential
treatment
facility
who
has
probation
revoked
shall
be
given
credit
for
time
served
in
the
facility.
The
court
shall
not
suspend
any
of
the
following
sentences:
Sec.
92.
APPLICABILITY
AND
WAIVER
OF
RIGHTS.
A
person
who
commits
an
offense
prior
to
the
effective
date
of
this
division
of
this
Act
may
expressly
state
to
the
court,
at
the
time
of
sentencing,
that
the
person
waives
any
rights
under
Anderson
v.
State,
801
N.W.2d
1,
relating
to
the
calculation
of
credit
for
time
served,
and
agree
to
be
sentenced
using
credits
as
calculated
under
section
907.3,
as
amended
by
this
division
of
this
Act.
If
the
court
finds
the
waiver
voluntary,
the
sentencing
order
shall
reference
the
person’s
waiver
of
rights
under
Anderson,
and
order
that
credit
for
time
served
be
calculated
under
section
907.3,
as
amended
by
this
division
of
this
Act.
Sec.
93.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
VI
COUNTY
TREASURERS
Sec.
94.
Section
161A.35,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
If
the
owner
of
any
premises
against
which
a
levy
exceeding
one
five
hundred
dollars
has
been
made
and
certified
shall,
within
thirty
days
from
the
date
of
such
levy,
agree
in
writing
in
a
separate
agreement,
that
in
consideration
of
having
a
right
to
pay
the
owner’s
assessment
in
installments,
the
owner
will
not
make
any
objection
as
to
the
legality
of
the
assessment
for
benefit,
or
the
levy
of
the
taxes
against
the
owner’s
property,
then
such
owner
shall
have
the
following
options:
Sec.
95.
Section
311.17,
subsection
1,
Code
2011,
is
amended
to
read
as
follows:
1.
If
an
owner
other
than
the
state
or
a
county
or
city,
of
any
tracts
of
land
on
which
the
assessment
is
more
than
one
five
hundred
dollars,
shall,
within
twenty
days
from
the
date
of
the
assessment,
agree
in
writing
filed
in
the
office
of
the
county
auditor,
that
in
consideration
of
the
owner
having
the
right
to
pay
the
assessment
in
installments,
the
owner
will
not
make
any
objection
of
illegality
or
irregularity
as
to
the
assessment
upon
the
real
estate,
and
will
pay
the
assessment
plus
interest,
the
assessment
shall
be
payable
in
House
File
2465,
p.
31
ten
equal
installments.
The
first
installment
shall
be
payable
on
the
date
of
the
agreement.
The
other
installments
shall
be
paid
annually
at
the
same
time
and
in
the
same
manner
as
the
September
semiannual
payment
of
ordinary
taxes
with
interest
accruing
as
provided
in
section
384.65,
subsection
3
.
The
rate
of
interest
shall
be
as
established
by
the
board,
but
not
exceeding
that
permitted
by
chapter
74A
.
Sec.
96.
Section
311.19,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
Assessments
of
one
five
hundred
dollars
or
less
against
any
tract
of
land,
and
assessments
against
lands
owned
by
the
state,
county
,
or
city,
shall
be
due
and
payable
from
the
date
of
levy
by
the
board
of
supervisors,
or
in
the
case
of
any
appeal,
from
the
date
of
final
confirmation
of
the
levy
by
the
court.
Sec.
97.
Section
331.384,
subsection
3,
Code
2011,
is
amended
to
read
as
follows:
3.
If
any
amount
assessed
against
property
under
this
section
exceeds
one
five
hundred
dollars,
a
county
may
permit
the
assessment
to
be
paid
in
up
to
ten
annual
installments
in
the
same
manner
and
with
the
same
interest
rates
provided
for
assessments
against
benefited
property
under
chapter
384,
division
IV
.
Sec.
98.
Section
357.20,
Code
2011,
is
amended
to
read
as
follows:
357.20
Due
date
——
bonds.
Assessments
of
less
than
one
five
hundred
dollars
or
less
will
come
due
at
the
first
taxpaying
date
after
the
approval
of
the
final
assessment,
and
assessments
of
one
hundred
dollars
or
more
than
five
hundred
dollars
may
be
paid
in
ten
annual
installments
with
interest
on
the
unpaid
balance
at
a
rate
not
exceeding
that
permitted
by
chapter
74A
.
The
board
of
supervisors
shall
issue
bonds
against
the
completed
assessment
in
an
amount
equal
to
the
total
cost
of
the
project,
so
that
the
amount
of
the
assessment
will
be
approximately
ten
percent
greater
than
the
amount
of
the
bonds.
Sec.
99.
Section
358.16,
subsection
3,
Code
2011,
is
amended
to
read
as
follows:
3.
If
any
amount
assessed
against
property
pursuant
to
this
section
will
exceed
one
five
hundred
dollars,
the
board
of
trustees
may
permit
the
assessment
to
be
paid
in
up
to
ten
annual
installments,
in
the
manner
and
with
the
same
interest
rates
as
provided
for
assessments
against
benefited
property
House
File
2465,
p.
32
under
chapter
384,
division
IV
.
Sec.
100.
Section
364.13,
Code
2011,
is
amended
to
read
as
follows:
364.13
Installments.
If
any
amount
assessed
against
property
under
section
364.12
will
exceed
one
five
hundred
dollars,
a
city
may
permit
the
assessment
to
be
paid
in
up
to
ten
annual
installments,
in
the
same
manner
and
with
the
same
interest
rates
provided
for
assessments
against
benefited
property
under
chapter
384,
division
IV
.
Sec.
101.
Section
384.60,
subsection
1,
paragraph
b,
Code
2011,
is
amended
to
read
as
follows:
b.
State
the
number
of
annual
installments,
not
exceeding
fifteen,
into
which
assessments
of
one
more
than
five
hundred
dollars
or
more
are
divided.
Sec.
102.
Section
384.65,
subsection
1,
Code
2011,
is
amended
to
read
as
follows:
1.
The
first
installment
of
each
assessment,
or
the
total
amount
if
less
than
one
five
hundred
dollars
or
less
,
is
due
and
payable
on
July
1
next
succeeding
the
date
of
the
levy,
unless
the
assessment
is
filed
with
the
county
treasurer
after
May
31
in
any
year.
The
first
installment
shall
bear
interest
on
the
whole
unpaid
assessment
from
the
date
of
acceptance
of
the
work
by
the
council
to
the
first
day
of
December
following
the
due
date.
Sec.
103.
Section
435.24,
subsection
6,
paragraph
b,
Code
2011,
is
amended
to
read
as
follows:
b.
Partial
payment
of
taxes
which
are
delinquent
may
be
made
to
the
county
treasurer.
For
the
installment
being
paid,
payment
shall
first
be
applied
toward
any
interest,
fees,
and
costs
accrued
and
the
remainder
applied
to
the
tax
due.
A
partial
payment
must
equal
or
exceed
the
interest,
fees,
and
costs
of
the
installment
being
paid.
A
partial
payment
made
under
this
paragraph
shall
be
apportioned
in
accordance
with
section
445.57
,
however,
such
partial
payment
may,
at
the
discretion
of
the
county
treasurer,
be
apportioned
either
on
or
before
the
tenth
day
of
the
month
following
the
receipt
of
the
partial
payment
or
on
or
before
the
tenth
day
of
the
month
following
the
due
date
of
the
next
semiannual
tax
installment
.
If
the
payment
does
not
include
the
whole
of
any
installment
of
the
delinquent
tax,
the
unpaid
tax
shall
continue
to
accrue
interest
pursuant
to
section
445.39
.
Partial
payment
shall
not
be
permitted
in
lieu
of
redemption
if
the
property
has
been
House
File
2465,
p.
33
sold
for
taxes
under
chapter
446
and
under
any
circumstances
shall
not
constitute
an
extension
of
the
time
period
for
a
sale
under
chapter
446
.
Sec.
104.
Section
445.36A,
subsection
2,
Code
2011,
is
amended
to
read
as
follows:
2.
Partial
payment
of
taxes
which
are
delinquent
may
be
made
to
the
county
treasurer.
For
the
installment
being
paid,
payment
shall
first
be
applied
to
any
interest,
fees,
and
costs
accrued
and
the
remainder
applied
to
the
taxes
due.
A
partial
payment
must
equal
or
exceed
the
amount
of
interest,
fees,
and
costs
of
the
installment
being
paid.
A
partial
payment
made
under
this
subsection
shall
be
apportioned
in
accordance
with
section
445.57
,
however,
such
partial
payment
may,
at
the
discretion
of
the
county
treasurer,
be
apportioned
either
on
or
before
the
tenth
day
of
the
month
following
the
receipt
of
the
partial
payment
or
on
or
before
the
tenth
day
of
the
month
following
the
due
date
of
the
next
semiannual
tax
installment
.
If
the
payment
does
not
include
the
whole
of
any
installment
of
the
delinquent
tax,
the
unpaid
tax
shall
continue
to
accrue
interest
pursuant
to
section
445.39
.
Partial
payment
shall
not
be
permitted
in
lieu
of
redemption
if
the
property
has
been
sold
for
taxes
under
chapter
446
and
under
any
circumstances
shall
not
constitute
an
extension
of
the
time
period
for
a
sale
under
chapter
446
.
Sec.
105.
Section
445.57,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
On
or
before
the
tenth
day
of
each
month,
the
county
treasurer
shall
apportion
all
taxes
collected
during
the
preceding
month,
except
partial
payment
amounts
collected
pursuant
to
section
445.36A,
subsection
1
and
,
partial
payments
collected
and
not
yet
designated
by
the
county
treasurer
for
apportionment
pursuant
to
section
445.36A,
subsection
2,
partial
payments
collected
pursuant
to
section
435.24,
subsection
6
,
paragraph
“a”
,
and
partial
payments
collected
and
not
yet
designated
by
the
county
treasurer
for
apportionment
pursuant
to
section
435.24,
subsection
6,
paragraph
“b”
,
among
the
several
funds
to
which
they
belong
according
to
the
amount
levied
for
each
fund,
and
shall
apportion
the
interest,
fees,
and
costs
on
the
taxes
to
the
general
fund,
and
shall
enter
those
amounts
upon
the
treasurer’s
cash
account,
and
report
the
amounts
to
the
county
auditor.
Sec.
106.
Section
446.32,
Code
2011,
is
amended
to
read
as
follows:
House
File
2465,
p.
34
446.32
Payment
of
subsequent
taxes
by
purchaser.
The
county
treasurer
shall
provide
to
the
purchaser
of
a
parcel
sold
at
tax
sale
a
receipt
for
the
total
amount
paid
by
the
purchaser
after
the
date
of
purchase
for
a
subsequent
year.
Taxes
for
a
subsequent
year
may
be
paid
by
the
purchaser
beginning
one
month
and
fourteen
days
following
the
date
from
which
an
installment
becomes
delinquent
as
provided
in
section
445.37
.
Notwithstanding
any
provision
to
the
contrary,
a
subsequent
payment
must
be
received
and
recorded
by
the
treasurer
in
the
county
system
no
later
than
five
5:00
p.m.
on
the
last
business
day
of
the
month
for
interest
for
that
month
to
accrue
and
be
added
to
the
amount
due
under
section
447.1
.
However,
the
treasurer
may
establish
a
deadline
for
receipt
of
subsequent
payments
that
is
other
than
five
5:00
p.m.
on
the
last
business
day
of
the
month
to
allow
for
timely
processing
of
the
subsequent
payments.
Late
interest
shall
be
calculated
through
the
date
that
the
subsequent
payment
is
recorded
by
the
treasurer
in
the
county
system.
In
no
instance
shall
the
date
of
postmark
of
a
subsequent
payment
be
used
by
a
treasurer
either
to
calculate
interest
or
to
determine
whether
interest
shall
accrue
on
the
subsequent
payment.
Sec.
107.
Section
468.57,
subsection
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
1.
If
the
owner
of
any
land
against
which
a
levy
exceeding
one
five
hundred
dollars
has
been
made
and
certified
shall,
within
thirty
days
from
the
date
of
such
levy,
agree
in
writing
endorsed
upon
any
improvement
certificate
referred
to
in
section
468.70
,
or
in
a
separate
agreement,
that
in
consideration
of
having
a
right
to
pay
the
owner’s
assessment
in
installments,
the
owner
will
not
make
any
objection
as
to
the
legality
of
the
assessment
for
benefit,
or
the
levy
of
the
taxes
against
the
property,
then
such
owner
shall
have
the
following
options:
a.
To
pay
one-third
of
the
amount
of
the
assessment
at
the
time
of
filing
the
agreement;
one-third
within
twenty
days
after
the
engineer
in
charge
certifies
to
the
auditor
that
the
improvement
is
one-half
completed;
and
the
remaining
one-third
within
twenty
days
after
the
improvement
has
been
completed
and
accepted
by
the
board.
All
installments
shall
be
without
interest
if
paid
at
said
times,
otherwise
the
assessments
shall
bear
interest
from
the
date
of
the
levy
at
a
rate
determined
by
the
board
notwithstanding
chapter
74A
,
payable
annually,
and
be
collected
as
other
taxes
on
real
estate,
with
like
interest
House
File
2465,
p.
35
for
delinquency.
b.
To
pay
the
assessments
in
not
less
than
ten
nor
more
than
twenty
equal
installments,
with
the
number
of
payments
and
interest
rate
determined
by
the
board,
notwithstanding
chapter
74A
.
The
first
installment
of
each
assessment,
or
the
total
amount
if
less
than
one
five
hundred
dollars
or
less
,
is
due
and
payable
on
July
1
next
succeeding
the
date
of
the
levy,
unless
the
assessment
is
filed
with
the
county
treasurer
after
May
31
in
any
year.
The
first
installment
shall
bear
interest
on
the
whole
unpaid
assessment
from
the
date
of
the
levy
as
set
by
the
board
to
the
first
day
of
December
following
the
due
date.
The
succeeding
annual
installments,
with
interest
on
the
whole
unpaid
amount,
to
the
first
day
of
December
following
the
due
date,
are
respectively
due
on
July
1
annually,
and
must
be
paid
at
the
same
time
and
in
the
same
manner
as
the
first
semiannual
payment
of
ordinary
taxes.
All
future
installments
of
an
assessment
may
be
paid
on
any
date
by
payment
of
the
then
outstanding
balance
plus
interest
to
the
next
December
1,
or
additional
annual
installments
may
be
paid
after
the
current
installment
has
been
paid
before
December
1
without
interest.
A
payment
must
be
for
the
full
amount
of
the
next
installment.
If
installments
remain
to
be
paid,
the
next
annual
installment
with
interest
added
to
December
1
will
be
due.
After
December
1,
if
a
drainage
assessment
is
not
delinquent,
a
property
owner
may
pay
one-half
or
all
of
the
next
annual
installment
of
principal
and
interest
of
a
drainage
assessment
prior
to
the
delinquency
date
of
the
installment.
When
the
next
installment
has
been
paid
in
full,
successive
principal
installments
may
be
prepaid.
The
county
treasurer
shall
accept
the
payments
of
the
drainage
assessment,
and
shall
credit
the
next
annual
installment
or
future
installments
of
the
drainage
assessment
to
the
extent
of
the
payment
or
payments,
and
shall
remit
the
payments
to
the
drainage
fund.
If
a
property
owner
elects
to
pay
one
or
more
principal
installments
in
advance,
the
pay
schedule
shall
be
advanced
by
the
number
of
principal
installments
prepaid.
Each
installment
of
an
assessment
with
interest
on
the
unpaid
balance
is
delinquent
from
October
1
after
its
due
date.
However,
when
the
last
day
of
September
is
a
Saturday
or
Sunday,
that
amount
shall
be
delinquent
from
the
second
business
day
of
October.
Taxes
assessed
pursuant
to
this
chapter
which
become
delinquent
shall
bear
the
same
delinquent
interest
as
ordinary
taxes.
When
collected,
the
interest
must
be
credited
to
the
same
drainage
fund
as
the
House
File
2465,
p.
36
drainage
special
assessment.
DIVISION
VII
BOARDS
AND
COMMISSIONS
Sec.
108.
Section
28B.1,
subsection
1,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
The
In
accordance
with
a
resolution
adopted
for
this
purpose
by
the
legislative
council,
an
Iowa
commission
on
interstate
cooperation
is
hereby
established
shall
be
appointed
to
address
the
charge
and
other
responsibilities
for
the
commission
outlined
in
the
resolution
.
It
The
commission
shall
consist
of
thirteen
members
to
be
appointed
as
follows:
Sec.
109.
Section
28B.4,
Code
2011,
is
amended
to
read
as
follows:
28B.4
Report.
1.
The
commission
shall
report
to
the
governor
and
to
the
legislature
within
fifteen
days
after
the
convening
of
each
general
assembly
general
assembly
in
accordance
with
the
commission’s
charge
,
and
at
may
report
at
other
times
as
it
deems
deemed
appropriate
by
the
commission
.
2.
Its
The
commission’s
members
and
the
members
of
all
committees
which
it
establishes
shall
be
reimbursed
for
their
travel
and
other
necessary
expenses
in
carrying
out
their
obligations
under
this
chapter
and
legislative
members
shall
be
paid
a
per
diem
as
specified
in
section
7E.6
for
each
day
in
which
engaged
in
the
performance
of
their
duties,
the
per
diem
and
legislators’
expenses
to
be
paid
from
funds
appropriated
by
sections
2.10
and
2.12
.
Expenses
of
administrative
officers,
state
officials,
or
state
employees
who
are
members
of
the
Iowa
commission
on
interstate
cooperation
or
a
committee
appointed
by
the
commission
shall
be
paid
from
funds
appropriated
to
the
agencies
or
departments
which
persons
represent
except
as
may
otherwise
be
provided
by
the
general
assembly.
Expenses
of
citizen
members
who
may
be
appointed
to
committees
of
the
commission
may
be
paid
from
funds
as
authorized
by
the
general
assembly.
Expenses
of
the
secretary
or
employees
of
the
secretary
and
support
services
in
connection
with
the
administration
of
the
commission
shall
be
paid
from
funds
appropriated
to
the
legislative
services
agency
unless
otherwise
provided
by
the
general
assembly.
Expenses
of
commission
members
shall
be
paid
upon
approval
of
the
chairperson
or
the
secretary
of
the
commission.
Sec.
110.
Section
216A.132,
subsection
1,
paragraph
c,
Code
2011,
is
amended
to
read
as
follows:
House
File
2465,
p.
37
c.
(1)
The
chief
justice
of
the
supreme
court
shall
designate
one
member
who
is
a
district
judge
and
one
member
who
is
either
a
district
associate
judge
or
associate
juvenile
judge.
The
chairperson
and
ranking
member
of
the
senate
committee
on
judiciary
shall
be
members.
In
alternating
four-year
intervals,
the
chairperson
and
ranking
member
of
the
house
committee
on
judiciary
or
of
the
house
committee
on
public
safety
shall
be
members,
with
the
chairperson
and
ranking
member
of
the
house
committee
on
public
safety
serving
during
the
initial
interval.
Nonlegislative
The
members
appointed
pursuant
to
this
paragraph
subparagraph
shall
serve
as
ex
officio,
nonvoting
members
for
four-year
terms
beginning
and
ending
as
provided
in
section
69.19
,
unless
the
member
ceases
to
serve
as
a
district
court
judge.
(2)
The
chairperson
and
ranking
member
of
the
senate
committee
on
judiciary
shall
be
ex
officio,
nonvoting
members.
In
alternating
two-year
terms,
beginning
and
ending
as
provided
in
section
69.16B,
the
chairperson
and
ranking
member
of
the
house
committee
on
judiciary
or
of
the
house
committee
on
public
safety
shall
be
ex
officio,
nonvoting
members,
with
the
chairperson
and
ranking
member
of
the
house
committee
on
public
safety
serving
during
the
term
beginning
in
January
2011.
Sec.
111.
REPEAL.
Section
249A.36,
Code
2011,
is
repealed.
DIVISION
VIII
CITY
FRANCHISE
FEES
Sec.
112.
Section
364.2,
subsection
4,
paragraph
f,
Code
2011,
is
amended
to
read
as
follows:
f.
(1)
(a)
A
franchise
fee
assessed
by
a
city
may
be
based
upon
a
percentage
of
gross
revenues
generated
from
sales
of
the
franchisee
within
the
city
not
to
exceed
five
percent,
except
as
provided
in
subparagraph
division
(b),
without
regard
to
the
city’s
cost
of
inspecting,
supervising,
and
otherwise
regulating
the
franchise.
(b)
For
franchise
fees
assessed
and
collected
during
fiscal
years
beginning
on
or
after
July
1,
2012,
but
before
July
1,
2030,
by
a
city
that
is
the
subject
of
a
judgment,
court-approved
settlement,
or
court-approved
compromise
providing
for
payment
of
restitution,
a
refund,
or
a
return
described
in
section
384.3A,
subsection
3,
paragraph
“j”
,
the
rate
of
the
franchise
fee
shall
not
exceed
seven
and
one-half
percent
of
gross
revenues
generated
from
sales
of
the
franchisee
in
the
city,
and
franchise
fee
amounts
assessed
and
collected
during
such
fiscal
years
in
excess
of
five
percent
House
File
2465,
p.
38
of
gross
revenues
generated
from
sales
shall
be
used
solely
for
the
purpose
specified
in
section
384.3A,
subsection
3,
paragraph
“j”
.
A
city
may
assess
and
collect
a
franchise
fee
in
excess
of
five
percent
of
gross
revenues
generated
from
the
sales
of
the
franchisee
pursuant
to
this
subparagraph
division
(b)
for
a
period
not
to
exceed
seven
consecutive
fiscal
years
once
the
franchise
fee
is
first
imposed
at
a
rate
in
excess
of
five
percent.
An
ordinance
increasing
the
franchise
fee
rate
to
greater
than
five
percent
pursuant
to
this
subparagraph
division
(b)
shall
not
become
effective
unless
approved
at
an
election.
After
passage
of
the
ordinance,
the
council
shall
submit
the
proposal
at
a
special
election
held
on
a
date
specified
in
section
39.2,
subsection
4,
paragraph
“b”
.
If
a
majority
of
those
voting
on
the
proposal
approves
the
proposal,
the
city
may
proceed
as
proposed.
The
complete
text
of
the
ordinance
shall
be
included
on
the
ballot
and
the
full
text
of
the
ordinance
posted
for
the
voters
pursuant
to
section
52.25.
All
absentee
voters
shall
receive
the
full
text
of
the
ordinance
along
with
the
absentee
ballot.
This
subparagraph
division
is
repealed
July
1,
2030.
(2)
Franchise
fees
collected
pursuant
to
an
ordinance
in
effect
on
May
26,
2009,
shall
be
deposited
in
the
city’s
general
fund
and
such
fees
collected
in
excess
of
the
amounts
necessary
to
inspect,
supervise,
and
otherwise
regulate
the
franchise
may
be
used
by
the
city
for
any
other
purpose
authorized
by
law.
Franchise
fees
collected
pursuant
to
an
ordinance
that
is
adopted
or
amended
on
or
after
May
26,
2009,
to
increase
the
percentage
rate
at
which
franchise
fees
are
assessed
shall
be
credited
to
the
franchise
fee
account
within
the
city’s
general
fund
and
used
pursuant
to
section
384.3A
.
If
a
city
franchise
fee
is
assessed
to
customers
of
a
franchise,
the
fee
shall
not
be
assessed
to
the
city
as
a
customer.
Before
a
city
adopts
or
amends
a
franchise
fee
rate
ordinance
or
franchise
ordinance
to
increase
the
percentage
rate
at
which
franchise
fees
are
assessed,
a
revenue
purpose
statement
shall
be
prepared
specifying
the
purpose
or
purposes
for
which
the
revenue
collected
from
the
increased
rate
will
be
expended.
If
property
tax
relief
is
listed
as
a
purpose,
the
revenue
purpose
statement
shall
also
include
information
regarding
the
amount
of
the
property
tax
relief
to
be
provided
with
revenue
collected
from
the
increased
rate.
The
revenue
purpose
statement
shall
be
published
as
provided
in
section
362.3
.
House
File
2465,
p.
39
Sec.
113.
Section
384.3A,
subsection
3,
Code
2011,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
j.
For
franchise
fees
assessed
and
collected
by
a
city
in
excess
of
five
percent
of
gross
revenues
generated
from
sales
of
the
franchisee
within
the
city
pursuant
to
section
364.2,
subsection
4,
paragraph
“f”
,
subparagraph
(1),
subparagraph
division
(b),
during
fiscal
years
beginning
on
or
after
July
1,
2012,
but
before
July
1,
2030,
the
adjustment,
renewing,
or
extension
of
any
part
or
all
of
the
legal
indebtedness
of
a
city,
whether
evidenced
by
bonds,
warrants,
court-approved
settlements,
court-approved
compromises,
or
judgments,
or
the
funding
or
refunding
of
the
same,
if
such
legal
indebtedness
relates
to
restitution,
a
refund,
or
a
return
ordered
by
a
court
of
competent
jurisdiction
for
franchise
fees
assessed
and
collected
by
the
city
before
the
effective
date
of
this
division
of
this
Act.
This
paragraph
is
repealed
July
1,
2030.
Sec.
114.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
IX
EARLY
INTERVENTION
BLOCK
GRANT
PROGRAM
Sec.
115.
Section
256D.9,
Code
2011,
is
amended
to
read
as
follows:
256D.9
Future
repeal.
This
chapter
is
repealed
effective
July
1,
2012
2013
.
Sec.
116.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
June
30,
2012.
DIVISION
X
STATE
BOARD
OF
REGENTS
Sec.
117.
Section
8D.10,
Code
2011,
is
amended
to
read
as
follows:
8D.10
Report
of
savings
by
state
agencies.
A
state
agency
which
is
a
part
of
the
network
shall
annually
provide
a
written
report
to
the
general
assembly
certifying
the
identified
savings
associated
with
the
state
agency’s
use
of
the
network.
The
report
shall
be
delivered
on
or
before
January
15
for
the
previous
fiscal
year
of
the
state
agency.
This
section
does
not
apply
to
the
state
board
of
regents
or
to
any
institution
under
control
of
the
state
board
of
regents.
Sec.
118.
Section
262.93,
Code
2011,
is
amended
to
read
as
follows:
262.93
Reports
to
general
assembly.
House
File
2465,
p.
40
The
college
student
aid
commission
and
the
state
board
of
regents
each
shall
submit
to
the
general
assembly
,
by
January
15
of
each
year,
a
report
on
the
progress
and
implementation
of
the
programs
which
they
administer
under
sections
261.102
through
261.105
,
262.82
,
and
262.92
.
By
January
31
of
each
year,
the
state
board
of
regents
shall
submit
a
report
to
the
general
assembly
regarding
the
progress
and
implementation
of
the
program
administered
pursuant
to
section
262.82.
The
reports
shall
include
,
but
are
not
limited
to
,
the
numbers
of
students
and
educators
participating
in
the
programs
and
allocation
of
funds
appropriated
for
the
programs.
Sec.
119.
Section
263.19,
Code
2011,
is
amended
to
read
as
follows:
263.19
Purchases.
Any
purchase
in
excess
of
ten
thousand
dollars,
of
materials,
appliances,
instruments,
or
supplies
by
the
university
of
Iowa
hospitals
and
clinics
,
when
the
price
of
the
materials,
appliances,
instruments,
or
supplies
to
be
purchased
is
subject
to
competition,
shall
be
made
pursuant
to
open
competitive
quotations,
and
all
contracts
for
such
purchases
shall
be
subject
to
chapter
72
.
However,
purchases
may
be
made
through
a
hospital
group
purchasing
organization
provided
that
the
university
of
Iowa
hospitals
and
clinics
is
a
member
of
the
organization
in
compliance
with
purchasing
policies
of
the
state
board
of
regents
.
Sec.
120.
Section
432.13,
Code
2011,
is
amended
to
read
as
follows:
432.13
Premium
tax
exemption
——
hawk-i
program
——
state
employee
benefits.
1.
Premiums
collected
by
participating
insurers
under
chapter
514I
are
exempt
from
premium
tax.
2.
Premiums
received
for
benefits
acquired
on
behalf
of
state
employees
by
the
department
of
administrative
services
on
behalf
of
state
employees
pursuant
to
section
8A.402,
subsection
1
,
and
by
the
state
board
of
regents
pursuant
to
chapter
262,
are
exempt
from
premium
tax.
DIVISION
XI
NAVIGATOR
——
INSURANCE
Sec.
121.
NEW
SECTION
.
522D.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Commissioner”
means
the
commissioner
of
insurance.
2.
“
Navigator
”
means
a
public
or
private
entity
or
an
House
File
2465,
p.
41
individual
that
is
qualified
and
licensed,
if
appropriate,
to
engage
in
the
activities
and
meet
the
standards
described
in
45
C.F.R.
§
155.210.
Sec.
122.
NEW
SECTION
.
522D.2
License
required.
A
person
shall
not
act
as
a
navigator
in
this
state
unless
the
person
is
licensed
by
the
commissioner
as
required
in
this
chapter.
Sec.
123.
NEW
SECTION
.
522D.3
Actions
prohibited.
A
navigator
shall
not
perform
the
functions
of
a
person
required
to
be
licensed
as
an
insurance
producer
under
chapter
522B
unless
the
navigator
is
licensed
as
a
navigator
pursuant
to
this
chapter
and
as
an
insurance
producer
pursuant
to
chapter
522B.
Sec.
124.
NEW
SECTION
.
522D.4
Application
for
examination.
1.
An
individual
applying
for
a
navigator
license
shall
pass
a
written
examination.
The
examination
shall
test
the
knowledge
of
the
individual
concerning
the
duties
and
responsibilities
of
a
navigator
and
the
insurance
laws
and
regulations
of
this
state.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
17A
related
to
the
development
and
conduct
of
the
examination.
2.
The
commissioner
may
make
arrangements,
including
contracting
with
an
outside
testing
service
or
other
appropriate
entity,
for
administering
examinations
and
collecting
fees.
3.
An
individual
applying
for
an
examination
shall
remit
a
nonrefundable
fee
as
established
by
rule
of
the
commissioner.
4.
An
individual
who
fails
to
appear
for
the
examination
as
scheduled
or
fails
to
pass
the
examination
shall
reapply
for
an
examination
and
remit
all
required
fees
and
forms
before
being
rescheduled
for
another
examination.
Sec.
125.
NEW
SECTION
.
522D.5
Application
for
license.
1.
A
person
applying
for
a
navigator
license
shall
make
application
to
the
commissioner
on
an
application
form
approved
by
the
commissioner
and
declare
under
penalty
of
refusal,
suspension,
or
revocation
of
the
license
that
the
statements
made
on
the
application
are
true,
correct,
and
complete
to
the
best
of
the
individual’s
knowledge
and
belief.
Before
approving
the
application,
the
commissioner
shall
find
all
of
the
following:
a.
The
individual
is
at
least
eighteen
years
of
age.
b.
The
individual
has
not
committed
any
act
that
is
a
ground
for
denial,
suspension,
or
revocation
as
set
forth
in
section
House
File
2465,
p.
42
522D.7.
c.
The
individual
has
paid
the
license
fee,
as
established
by
the
commissioner
by
rule.
d.
The
individual
has
successfully
completed
the
initial
training
and
education
program
for
a
license
as
established
by
the
commissioner
by
rule.
e.
The
individual
has
successfully
passed
the
examination
as
provided
in
section
522D.4.
f.
In
order
to
protect
the
public
interest,
the
individual
has
the
requisite
character
and
competence
to
receive
a
license
as
a
navigator.
2.
A
public
or
private
entity
acting
as
a
navigator
may
elect
to
obtain
a
navigator
license.
Application
shall
be
made
using
the
application
form
approved
by
the
commissioner.
Prior
to
approving
the
application,
the
commissioner
shall
find
both
of
the
following:
a.
The
entity
has
paid
the
appropriate
fees.
b.
The
entity
has
designated
a
licensed
navigator
responsible
for
the
entity’s
compliance
with
this
chapter.
Sec.
126.
NEW
SECTION
.
522D.6
License.
1.
A
person
who
meets
the
requirements
of
sections
522D.4
and
522D.5,
unless
otherwise
denied
licensure
pursuant
to
section
522D.7,
shall
be
issued
a
navigator
license.
A
navigator
license
is
valid
for
three
years.
2.
A
navigator
license
remains
in
effect
unless
revoked
or
suspended
as
long
as
all
required
fees
are
paid
and
continuing
education
requirements
are
met
by
any
applicable
due
date.
A
navigator
is
required
to
complete
continuing
education
requirements
required
by
law
in
order
to
be
eligible
for
license
renewal.
3.
A
licensed
navigator
who
is
unable
to
comply
with
license
renewal
procedures
due
to
military
service
or
other
extenuating
circumstances
may
request
a
waiver
of
those
procedures.
The
licensed
navigator
may
also
request
a
waiver
of
any
examination
requirement
or
any
other
penalty
or
sanction
imposed
for
failure
to
comply
with
renewal
procedures.
4.
The
license
shall
contain
the
licensee’s
name,
address,
personal
identification
number,
the
date
of
issuance,
the
expiration
date,
and
any
other
information
the
commissioner
deems
necessary.
5.
A
licensee
shall
inform
the
commissioner
by
any
means
acceptable
to
the
commissioner
of
a
change
of
legal
name
or
address
within
thirty
days
of
the
change.
Failure
to
timely
House
File
2465,
p.
43
inform
the
commissioner
of
a
change
of
legal
name
or
address
may
result
in
a
penalty
as
specified
in
section
522D.7.
6.
The
commissioner
shall
require
by
rule
that
a
licensed
navigator
furnish
a
surety
bond
or
other
evidence
of
financial
responsibility
that
protects
all
persons
against
wrongful
acts,
misrepresentations,
errors,
omissions,
or
negligence
of
the
navigator.
7.
In
order
to
assist
with
the
commissioner’s
duties,
the
commissioner
may
contract
with
a
nongovernmental
entity,
including
the
national
association
of
insurance
commissioners
or
any
affiliate
or
subsidiary
the
national
association
of
insurance
commissioners
oversees,
to
perform
any
ministerial
functions,
including
the
collection
of
fees,
related
to
navigator
licensing
that
the
commissioner
deems
appropriate.
Sec.
127.
NEW
SECTION
.
522D.7
License
denial,
nonrenewal,
or
revocation.
1.
The
commissioner
may
place
on
probation,
suspend,
revoke,
or
refuse
to
issue
or
renew
a
navigator’s
license
or
may
levy
a
civil
penalty
as
provided
in
section
522D.8
for
any
one
or
more
of
the
following
causes:
a.
Providing
incorrect,
misleading,
incomplete,
or
materially
untrue
information
in
the
license
application.
b.
Violating
any
insurance
laws,
or
violating
any
regulation,
subpoena,
or
order
of
the
commissioner
or
of
a
commissioner
of
another
state.
c.
Obtaining
or
attempting
to
obtain
a
license
through
misrepresentation
or
fraud.
d.
Improperly
withholding,
misappropriating,
or
converting
any
moneys
or
properties
received
in
the
course
of
doing
insurance
business.
e.
Intentionally
misrepresenting
the
terms
of
an
actual
or
proposed
insurance
contract
or
application
for
insurance.
f.
Having
been
convicted
of
a
felony.
g.
Having
admitted
or
been
found
to
have
committed
any
unfair
insurance
trade
practice
or
fraud.
h.
Using
fraudulent,
coercive,
or
dishonest
practices,
or
demonstrating
incompetence,
untrustworthiness,
or
financial
irresponsibility
in
the
conduct
of
business
in
this
state
or
elsewhere.
i.
Having
a
navigator
license,
or
its
equivalent,
denied,
suspended,
or
revoked
in
any
other
state,
province,
district,
or
territory.
j.
Forging
another’s
name
to
an
application
for
insurance
or
House
File
2465,
p.
44
to
any
document
related
to
an
insurance
transaction.
k.
Improperly
using
notes
or
any
other
reference
material
to
complete
an
examination
for
a
navigator
license.
l.
Failing
to
comply
with
an
administrative
or
court
order
imposing
a
child
support
obligation.
m.
Failing
to
comply
with
an
administrative
or
court
order
related
to
repayment
of
loans
to
the
college
student
aid
commission.
n.
Failing
to
pay
state
income
tax
or
comply
with
any
administrative
or
court
order
directing
payment
of
state
income
tax.
o.
Failing
or
refusing
to
cooperate
in
an
investigation
by
the
commissioner.
2.
If
the
commissioner
does
not
renew
a
license
or
denies
an
application
for
a
license,
the
commissioner
shall
notify
the
applicant
or
licensee
and
advise,
in
writing,
the
licensee
or
applicant
of
the
reason
for
the
nonrenewal
of
the
license
or
denial
of
the
application
for
a
license.
The
licensee
or
applicant
may
request
a
hearing
on
the
nonrenewal
or
denial.
A
hearing
shall
be
conducted
according
to
section
507B.6.
3.
The
license
of
a
public
or
private
entity
operating
as
a
navigator
may
be
suspended,
revoked,
or
refused
if
the
commissioner
finds,
after
hearing,
that
an
individual
navigator
licensee’s
violation
was
known
or
should
have
been
known
by
a
partner,
officer,
or
manager
acting
on
behalf
of
the
entity
and
the
violation
was
not
reported
to
the
commissioner
and
corrective
action
was
not
taken.
4.
In
addition
to,
or
in
lieu
of,
any
applicable
denial,
suspension,
or
revocation
of
a
license,
a
person,
after
hearing,
may
be
subject
to
a
civil
penalty
as
provided
in
section
522D.8.
5.
The
commissioner
may
conduct
an
investigation
of
any
suspected
violation
of
this
chapter
pursuant
to
section
507B.6
and
may
enforce
the
provisions
and
impose
any
penalty
or
remedy
authorized
by
this
chapter
and
chapter
507B
against
any
person
who
is
under
investigation
for,
or
charged
with,
a
violation
of
either
chapter
even
if
the
person’s
license
has
been
surrendered
or
has
lapsed
by
operation
of
law.
6.
a.
In
order
to
assure
a
free
flow
of
information
for
accomplishing
the
purposes
of
this
section,
all
complaint
files,
investigation
files,
other
investigation
reports,
and
other
investigative
information
in
the
possession
of
the
commissioner
or
the
commissioner’s
employees
or
agents
that
House
File
2465,
p.
45
relates
to
licensee
discipline
are
privileged
and
confidential,
and
are
not
subject
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
their
release
to
a
person
other
than
the
licensee,
and
are
not
admissible
in
evidence
in
a
judicial
or
administrative
proceeding
other
than
the
proceeding
involving
licensee
discipline.
A
final
written
decision
of
the
commissioner
in
a
disciplinary
proceeding
is
a
public
record.
b.
Investigative
information
in
the
possession
of
the
commissioner
or
the
commissioner’s
employees
or
agents
that
relates
to
licensee
discipline
may
be
disclosed,
in
the
commissioner’s
discretion,
to
appropriate
licensing
authorities
within
this
state,
the
appropriate
licensing
authority
in
another
state,
the
District
of
Columbia,
or
a
territory
or
country
in
which
the
licensee
is
licensed
or
has
applied
for
a
license.
c.
If
the
investigative
information
in
the
possession
of
the
commissioner
or
the
commissioner’s
employees
or
agents
indicates
a
crime
has
been
committed,
the
information
shall
be
reported
to
the
proper
law
enforcement
agency.
d.
Pursuant
to
the
provisions
of
section
17A.19,
subsection
6,
upon
an
appeal
by
the
licensee,
the
commissioner
shall
transmit
the
entire
record
of
the
contested
case
to
the
reviewing
court.
e.
Notwithstanding
the
provisions
of
section
17A.19,
subsection
6,
if
a
waiver
of
privilege
has
been
involuntary
and
evidence
has
been
received
at
a
disciplinary
hearing,
the
court
shall
issue
an
order
to
withhold
the
identity
of
the
individual
whose
privilege
was
waived.
Sec.
128.
NEW
SECTION
.
522D.8
Cease
and
desist
orders
——
penalties.
1.
A
navigator
who,
after
hearing,
is
found
to
have
violated
this
chapter,
may
be
ordered
to
cease
and
desist
from
engaging
in
the
conduct
resulting
in
the
violation
and
may
be
assessed
a
civil
penalty
pursuant
to
chapter
507B.
2.
If
a
person
does
not
comply
with
an
order
issued
pursuant
to
this
section,
the
commissioner
may
petition
a
court
of
competent
jurisdiction
to
enforce
the
order.
The
court
shall
not
require
the
commissioner
to
post
a
bond
in
an
action
or
proceeding
under
this
section.
If
the
court
finds,
after
notice
and
opportunity
for
hearing,
that
the
person
is
not
in
compliance
with
an
order,
the
court
may
adjudge
the
person
to
be
in
civil
contempt
of
the
order.
The
court
may
impose
a
civil
penalty
against
the
person
for
contempt
in
an
amount
not
less
House
File
2465,
p.
46
than
three
thousand
dollars
but
not
greater
than
ten
thousand
dollars
for
each
violation
and
may
grant
any
other
relief
that
the
court
determines
is
just
and
proper
in
the
circumstances.
Sec.
129.
NEW
SECTION
.
522D.9
Injunctive
relief.
1.
A
person
may
bring
an
action
in
district
court
to
enjoin
another
person
from
acting
as
a
navigator
in
violation
of
section
522D.2.
However,
before
bringing
an
action
in
district
court
to
enjoin
a
person
pursuant
to
this
section,
the
person
shall
file
a
complaint
with
the
insurance
division
alleging
that
another
person
is
acting
as
a
navigator
in
violation
of
section
522D.2.
2.
If
the
division
makes
a
determination
to
proceed
administratively
against
the
person
for
a
violation
of
section
522D.2,
the
complainant
shall
not
bring
an
action
in
district
court
against
the
person
pursuant
to
this
section
based
upon
the
allegations
contained
in
the
complaint
filed
with
the
division.
3.
If
the
division
does
not
make
a
determination
to
proceed
administratively
against
the
person
for
a
violation
of
section
522D.2,
the
division
shall
issue,
by
ninety
days
from
the
date
of
filing
of
the
complaint,
a
release
to
the
complainant
that
permits
the
complainant
to
bring
an
action
in
district
court
pursuant
to
this
section.
4.
The
filing
of
a
complaint
with
the
division
pursuant
to
this
section
tolls
the
statute
of
limitations
pursuant
to
section
614.1
as
to
the
alleged
violation
for
a
period
of
one
hundred
twenty
days
from
the
date
of
filing
the
complaint.
5.
Any
action
brought
in
district
court
by
a
complainant
against
a
person
pursuant
to
this
section,
based
upon
the
allegations
contained
in
the
complaint
filed
with
the
division,
shall
be
brought
within
one
year
after
the
ninety-day
period
following
the
filing
of
the
complaint
with
the
division,
or
the
date
of
the
issuance
of
a
release
by
the
division,
whichever
is
earlier.
6.
If
the
court
finds
that
the
person
is
in
violation
of
section
522D.2
and
enjoins
the
person
from
acting
as
a
navigator
in
violation
of
that
section,
the
court’s
findings
of
fact
and
law,
and
the
judgment
and
decree,
when
final,
shall
be
admissible
in
any
proceeding
initiated
pursuant
to
section
522D.8
by
the
commissioner
against
the
person
enjoined
and
the
person
enjoined
shall
be
precluded
from
contesting
in
that
proceeding
the
court’s
determination
that
the
person
acted
as
a
navigator
in
violation
of
section
522D.2.
House
File
2465,
p.
47
Sec.
130.
NEW
SECTION
.
522D.10
Rules.
The
commissioner
may
adopt
rules
pursuant
to
chapter
17A
as
are
necessary
or
proper
to
carry
out
the
purposes
of
this
chapter.
Sec.
131.
NEW
SECTION
.
522D.11
Severability.
If
any
provision
of
this
chapter
or
its
application
to
any
person
or
circumstance
is
held
invalid
by
a
court
of
competent
jurisdiction
or
by
federal
law,
the
invalidity
does
not
affect
other
provisions
or
applications
of
the
chapter
that
can
be
given
effect
without
the
invalid
provision
or
application,
and
to
this
end
the
provisions
of
the
chapter
are
severable
and
the
valid
provisions
or
applications
shall
remain
in
full
force
and
effect.
Sec.
132.
NEW
SECTION
.
522D.12
Future
repeal.
If
the
federal
law
providing
for
the
sale
of
qualified
health
benefit
plans
of
the
state
is
repealed
by
federal
legislation
or
is
ruled
invalid
by
a
decision
of
the
United
States
supreme
court,
the
commissioner
shall
notify
the
Iowa
Code
editor
of
the
effective
date
of
the
repeal
or
the
date
of
the
ruling.
This
chapter
is
repealed
on
the
effective
date
of
such
federal
legislation
or
the
date
of
the
United
States
supreme
court
decision.
DIVISION
XII
CAPITAL
GAIN
DEDUCTION
FOR
SALE
TO
AN
IOWA
ESOP
Sec.
133.
Section
422.7,
subsection
21,
Code
Supplement
2011,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
e.
(1)
To
the
extent
not
already
excluded,
fifty
percent
of
the
net
capital
gain
from
the
sale
or
exchange
of
employer
securities
of
an
Iowa
corporation
to
a
qualified
Iowa
employee
stock
ownership
plan
when,
upon
completion
of
the
transaction,
the
qualified
Iowa
employee
stock
ownership
plan
owns
at
least
thirty
percent
of
all
outstanding
employer
securities
issued
by
the
Iowa
corporation.
(2)
For
purposes
of
this
paragraph:
(a)
“Employer
securities”
means
the
same
as
defined
in
section
409(l)
of
the
Internal
Revenue
Code.
(b)
“Iowa
corporation”
means
a
corporation
whose
commercial
domicile,
as
defined
in
section
422.32,
is
in
this
state.
(c)
“Qualified
Iowa
employee
stock
ownership
plan”
means
an
employee
stock
ownership
plan,
as
defined
in
section
4975(e)(7)
of
the
Internal
Revenue
Code,
and
trust
that
are
established
by
an
Iowa
corporation
for
the
benefit
of
the
employees
of
the
corporation.
House
File
2465,
p.
48
Sec.
134.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2012,
for
tax
years
beginning
on
or
after
that
date.
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2465,
Eighty-fourth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Chief
Clerk
of
the
House
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor