HOUSE REPUBLICAN STAFF ANALYSIS Bill: House File 2473 Committee: Appropriations Floor Manager: Rep. Soderberg Date: April 30, 2014 Staff: Brad Trow (1-3471) House Committee: House Floor: Senate Floor: Governor: PASSED on April 16 (14-11) FY 2015 Standing Appropriations House File 2473 provides for limitations on certain standing appropriations, including the Legislature. House File 2473 improves the transparency and openness of state government by requiring the disclosure of additional information on federal grants and funds received by the state. House Study 2473 provides technical corrections to a number bills already passed by the Legislature. ___________________________________________________________________________________ AMENDMENT ANALYSIS H-83xx, by Soderberg: Strike after amendment H-83xx, by Soderberg: The Strike after amendment inserts the following language into the bill: DIVISION I STANDING APPROPRIATIONS AND RELATED MATTERS Section 1 – Budget Process for Fiscal Year 2016 The section directs that state agencies are to submit their budget proposals for FY 2016 to the Department of Management by October 1, 2014. Section 2 – General Assembly FY 2014 FY 2015 FY 2015 Difference Estimated Net Gov’s Request HSB 688 with FY 2014 $34,029,786 $37,026,548 34,029,786 $0 Section 3 – Limitations of Standing Appropriations – FY 2015 The section amends section 6 of Senate File 452, which set the limitations of standing appropriations for FY 2015. The bill makes the following changes: 1 Department of Cultural Affairs – County Endowment Funding- DCA Grants FY 2014 FY 2015 FY 2015 Difference Estimated Net Gov’s Request HSB 688 with FY 2014 $416,702 $416,702 $416,702 $0 Iowa Economic Development Authority - Regional Tourism Marketing The section strikes the limitation on regional tourism funding, raising its appropriation to the statutory level for FY 2015, which is $1,164,000. Department of Education – Non-public School Transportation FY 2014 FY 2015 FY 2015 Difference Estimated Net Gov’s Request HSB 688 with FY 2014 $8,560,931 $8,560,931 $8,560,931 $0 The section includes language that if the total approved claims exceed the amount appropriated, then the Department of Education shall prorate the claims. Department of Revenue – Tobacco Reporting Requirements FY 2014 FY 2015 FY 2015 Difference Estimated Net Gov’s Request HSB 688 with FY 2014 $18,416 $18,416 $18,416 $0 Section 4 – Area Education Association Funding Adjustment The section amends Iowa Code section 257.35 by inserting language reducing the state aid to AEA’s by $15 million in FY 2015. DIVISION II CLAIMS AGAINST THE STATE AND BY THE STATE Section 5 – The section amends Iowa Code section 8.55, (3) (a) by adding a reference to paragraph “0e”. Section 6 – The section amends Iowa Code section 8.55 (3) by creating paragraph 0e, which provides that the funds necessary to pay claims authorized by the State Appeal Board shall be paid from the Economic Emergency Fund. Section 7 – The section amends Iowa Code section 25.2 (4) to provide that payments authorized by the State Appeal Board shall come from the Economic Emergency Fund. If that is insufficient to pay the claims, payments would come from the General Fund. 2 DIVISION III MISCELLANEOUS PROVISIONS AND APPROPRIATIONS Section 8 - Air Quality Program - The section notwithstands current law and appropriates $1.4 million from the household hazardous waste account of the groundwater protection fund to DNR for operation of the Air Quality program. Section 9 - Food Security for Older Individuals - The section appropriates $250,000 to the Department on Aging that will be distributed to Area Agencies on Aging for providing congregate meals and home-delivered meals to food-insecure older Iowans. Section 10 - Air Quality Stakeholder Group - The section directs the director of the Department of Natural Resources to convene a stakeholder group to develop a solution to the funding issues related to the air quality program. There are to report back to the Legislature by December 1. Section 11 - Personal Settlement Agreement Payments - The section prohibits the Legislature and the Judicial Branch from agreeing to confidential settlement agreements. Section 12 - Federal Grant Reporting - The section amends Iowa Code section 8.9 (2) (a), pertaining to the Grants Enterprise Management Office and the information it reports to the Legislature. The section moves the date of the required annual report to the Legislature from January 31 to December 1 to allow the information to be incorporated into the appropriations process. The section also changes the reporting period to the most recently completed federal fiscal year, instead of the previous calendar year. Section 12 also adds to the information that is required to be reported to the Legislature. These changes include requiring the following information to be added to the report: Maintenance of Effort (MOE) requirements; Other matching fund requirements; Sources of federal funding or other sources being received; Requirements associated with receiving the funds; Status report on potential changes in federal requirements; and Other helpful information. Section 12 directs the Fiscal Services Division of LSA to compile the information received in the report by budget subcommittees. Section 13 - State Boards and Commissions Conflict of Interest - The section amends Iowa Code 68B.3 to provide that Iowans serving on boards and commissions can provide goods and services to the state in excess of $2,000, as long as those goods and services are not to a department or agency over which they have authority over or they have substantial and regular contact with as part of their duties. This is a revision of Senate File 293, which provided this exception to not only board and commission members but also state employees and elected officials. (Revision of Senate File 293) Sections 14 & 15 - Insurance Agent’s Duties & Responsibilities - Section 14 amends Iowa Code chapter 522B by inserting a definition of an insurance policy owner. Section 15 clarifies that if an insurance producer is not holding themselves out as an insurance specialist, consultant, or counsellor and is not paid for these services while acting as an insurance producer, then they are not in the business of supplying information to others. 3 Finally, this part of the amendment clarifies who an insurance producer owes any duties or responsibilities to in the course of their activities as an insurance producer. This language is in response to the Iowa Supreme Court’s decision in the Pitts case from several years ago when the Court significantly altered the duty owed by an insurance producer. (Revision of House File 398, which passed 56-44 on March 11, 2013) Section 16 - Cost of Interpreters - The section amends Iowa Code section 602.1302 to provide that the costs and fees related to interpreters and translators shall be paid out of the Jury and Witness revolving fund. Sections 17 & 18 - Suppressors - Section 17 strikes current Code language in Iowa Code section 724.1 banning suppressors on firearms and then Section 18 inserts new language providing that any person, trust, corporation or other entity may possess a firearm suppressor if it is registered and complies with federal law. (House File 2381, which passed 83-16 on February 27,2014) Section 19 - Conference Committee Correction - The section deletes language from the Health & Human Services conference report that was inadvertently left in. Section 20 - Effective Upon Enactment - The section makes sections 14 & 15 dealing with insurance agent’s duties and responsibilities effective upon signature of the Governor. DIVISION IV CORRECTIVE PROVISIONS Section 21 - The section amends the changes to Iowa Code section 15.353 (1) (c) (2) made in House File 2448 to correct a Code citation. Section 22 - The section amends the changes to Iowa Code section 123.47 (1A) (c) (2) made in Senate File 2310 by changing “right” to “rite”. Section 23 - The section amends the changes to Iowa Code section 331.552 (35) by changing “subsection” to “paragraph”. Section 24 - The section amends the changes to Iowa Code section 422.33 (4) (c) made in Senate File 2240 by correcting an internal reference. Section 25 - The section amends the changes to Iowa Code section 425.15 (1) (a) by inserting a date for eligibility. Section 26 - The section amends the changes made to Iowa Code section 508.36 (13) (d) (1) (c) made in Senate File 2131 by changing “of” to “or”. Section 27 - The section amends the changes made to Iowa Code section 508.36 (16) (c) (3) made in Senate File 2131 by changing “or” to “of”. Section 28 - The section amends the changes made to Iowa Code section 508.37 (6) (h) (8) made in Senate File 2131 by changing “regulation” to “rule”. 4 Section 29 - The section amends the changes made to Iowa Code section 537.1301 (46) made in House File 2324 by changing the Code of Federal Regulations reference. Section 30 - The section amends Senate File 2257 by striking section 15 of the bill and replacing inserting a new repeal section dealing with the College Student Aid Commission. Section 31 - The section amends House File 2423 by striking section 159 of the bill, which was no longer necessary. Section 32 - Contingent Effectiveness - The section makes Section 21 effective only in the Governor signs House File 2453. DIVISION V GENERAL ASSEMBLY PUBLICATIONS PROVISIONS After the 2013 legislative session, the Legislative Services Agency published the 2014 version of the Iowa Code. This electronic publication was a change from previous practice, when LSA would publish a Code Supplement edition after the completion of the first session of a General Assembly. Division V revises the Code to provide for the publication of the Code every year. Division V also provides authority for citations to the annual publication in bills and other documents. LSA would still have the authority to publish supplements when necessary and to provide cites to those supplements. Division V also revises the statutory language regarding the placement of headnotes in the Iowa Code to reflect past and current legislative drafting practice. The Division also makes changes to correct who has the responsibility to publish the official roster of state officials. It will be the responsibility of the Legislative Services Agency, instead of the Administrative Code editor. Other changes included in the division are changing the reference to electronic documents of official publications as “electronic versions” instead of “electronic publications”. Finally, the Division clarifies that the print version of the Iowa Code and the Iowa Court rules may include indexes, but they are not required. DIVISION VI SNOWMOBILES Division VI deals with Snowmobiles. Senate File 2300 came over from the Senate just before the second funnel and there was not sufficient time for the Natural Resources Committee to address the concerns they had with the language. Those issues have now been worked out. Section 56 revises Iowa Code section 321G.3 to have it just apply to Iowa residents. Section 57 revises Iowa Code section 321G.4 by striking the reference to non-residents and changing the language regarding antique snowmobiles. Section 58 creates a separate Code section dealing with the requirements imposed on non-resident snowmobilers using state trails or state lands, and the penalties for not complying. Section 59 revises the Code provisions related to the use of snowmobiles by minors. First, Iowa Code section 321G.20 is revised to provide that anyone under the age of 16 cannot operate a snowmobile on public trails or lands unless under the direct supervision of a parent or guardian who is experienced in snowmobile operation and has a valid driver’s license. 5 Section 60 amends Iowa Code section 321G.24 clarifying that a person between ages 12 and 17 shall not operate a snowmobile without obtaining a snowmobile education certificate. Section 61 amends Iowa Code section 805.8B, subsection 2, paragraph a - which deals with the penalties for violating the Code’s snowmobile provisions - by adding a reference to the new section for non-resident snowmobilers. DIVISION VII INCOME TAX CHECKOFFS Section 62 - The section inserts a new Iowa Code section 422.12D to extend the State Fair Income Tax checkoff. Section 63 - The section inserts a new Iowa Code section 422.12L to extend the joint income tax checkoff for the veterans trust fund and volunteer fire fighter preparedness fund. Section 64 - Repeal - The section repeals the current Iowa Code sections 422.12D and 422.12L. Section 65 - Retroactive Applicability - The section makes the Division applicable back to January 1, 2014. DIVISION VIII COUNTY RECORDERS The Division implements the non-fee portions of the County Recorder bill (HF 2267). The division revises the Code to require county recorders to keep electronic records of documents filed. DIVISION IX FOSTER CARE The Division implements juvenile delinquency changes proposed in Senate File 2095, which would allow a juvenile court to suspend a delinquency petition while a juvenile is given the opportunity to comply with a treatment or service ordered by the court. If the juvenile completed the required steps, the petition would be dropped. If they did not, the delinquency petition would be implemented. DIVISION X SOLAR TAX CREDITS With the passage of Senate File 2340 on the solar energy credit, there was an issue that for individual income tax, the credit is 60%, but for corporation income tax and franchise tax filers, the credit is only 50%. Also, the overall limit per installation is higher ($20,000) for individual income tax vs. corporation/franchise tax ($15,000). The House amendment has addressed this issue, but the Senate did not accept this because it contained other provisions. When the House receded from its amendment, those technical changes were not made. The changes in Division X relate to more accurately citing to the Internal Revenue Code, making a necessary conforming change to corporate tax provisions contained in section 422.33, and making a conforming change to HF 2438, already enacted. 6 H-8315, by Soderberg: The amendment strikes the language of the bill and inserts the following: DIVISION I STANDING APPROPRIATIONS AND RELATED MATTERS Section 1 – Budget Process for Fiscal Year 2016 The section directs that state agencies are to submit their budget proposals for FY 2016 to the Department of Management by October 1, 2014. Section 2 – General Assembly FY 2014 FY 2015 FY 2015 Difference Estimated Net Gov’s Request HSB 688 with FY 2014 $34,029,786 $37,026,548 34,029,786 $0 Section 3 – Limitations of Standing Appropriations – FY 2015 The section amends section 6 of Senate File 452, which set the limitations of standing appropriations for FY 2015. The bill makes the following changes: Department of Cultural Affairs – County Endowment Funding- DCA Grants FY 2014 FY 2015 FY 2015 Difference Estimated Net Gov’s Request HSB 688 with FY 2014 $416,702 $416,702 $416,702 $0 Iowa Economic Development Authority - Regional Tourism Marketing The section strikes the limitation on regional tourism funding, raising its appropriation to the statutory level for FY 2015, which is $1,164,000. Department of Education – Non-public School Transportation FY 2014 FY 2015 FY 2015 Difference Estimated Net Gov’s Request HSB 688 with FY 2014 $8,560,931 $8,560,931 $8,560,931 $0 The section includes language that if the total approved claims exceed the amount appropriated, then the Department of Education shall prorate the claims. Department of Revenue – Tobacco Reporting Requirements FY 2014 FY 2015 FY 2015 Difference Estimated Net Gov’s Request HSB 688 with FY 2014 $18,416 $18,416 $18,416 $0 Section 4 – Area Education Association Funding Adjustment The section amends Iowa Code section 257.35 by inserting language reducing the state aid to AEA’s by $13 million in FY 2015. This was lowered from the $15 million reduction in FY 2014 due to the shifting of $2 million from the Education Appropriations bill. 7 DIVISION II CLAIMS AGAINST THE STATE AND BY THE STATE Section 5 – The section amends Iowa Code section 8.55, (3) (a) by adding a reference to paragraph “0e”. Section 6 – The section amends Iowa Code section 8.55 (3) by creating paragraph 0e, which provides that the funds necessary to pay claims authorized by the State Appeal Board shall be paid from the Economic Emergency Fund. Section 7 – The section amends Iowa Code section 25.2 (4) to provide that payments authorized by the State Appeal Board shall come from the Economic Emergency Fund. If that is insufficient to pay the claims, payments would come from the General Fund. DIVISION III MISCELLANEOUS PROVISIONS AND APPROPRIATIONS Section 8 - Building Code Commissioner - The section appropriates $100,000 to the Building Code Commissioner to address installation inspections of manufactured homes. Section 9 - Food Security for Older Individuals - The section appropriates $250,000 to the Department on Aging that will be distributed to Area Agencies on Aging for providing congregate meals and home-delivered meals to food-insecure older Iowans. Section 10 - Federal Grant Reporting - The section amends Iowa Code section 8.9 (2) (a), pertaining to the Grants Enterprise Management Office and the information it reports to the Legislature. The section moves the date of the required annual report to the Legislature from January 31 to December 1 to allow the information to be incorporated into the appropriations process. The section also changes the reporting period to the most recently completed federal fiscal year, instead of the previous calendar year. Section 10 also adds to the information that is required to be reported to the Legislature. These changes include requiring the following information to be added to the report: Maintenance of Effort (MOE) requirements; Other matching fund requirements; Sources of federal funding or other sources being received; Requirements associated with receiving the funds; Status report on potential changes in federal requirements; and Other helpful information. Section 10 directs the Fiscal Services Division of LSA to compile the information received in the report by budget subcommittees. Section 11 - State Boards and Commissions Conflict of Interest - The section amends Iowa Code 68B.3 to provide that Iowans serving on boards and commissions can provide goods and services to the state in excess of $2,000, as long as those goods and services are not to a department or agency over which they have authority over or they have substantial and regular contact with as part of their duties. This is a revision of 8 Senate File 293, which provided this exception to not only board and commission members but also state employees and elected officials. (Revision of Senate File 293) Sections 12 & 13 - Insurance Agent’s Duties & Responsibilities - Section 12 amends Iowa Code chapter 522B by inserting a definition of an insurance policy owner. Section 13 clarifies that if an insurance producer is not holding themselves out as an insurance specialist, consultant, or counsellor and is not paid for these services while acting as an insurance producer, then they are not in the business of supplying information to others. Finally, this part of the amendment clarifies who an insurance producer owes any duties or responsibilities to in the course of their activities as an insurance producer. This language is in response to the Iowa Supreme Court’s decision in the Pitts case from several years ago when the Court significantly altered the duty owed by an insurance producer. (Revision of House File 398, which passed 56-44 on March 11, 2013) Sections 14 & 15 - Suppressors - Section 14 strikes current Code language in Iowa Code section 724.1 banning suppressors on firearms and then Section 15 inserts new language providing that any person, trust, corporation or other entity may possess a firearm suppressor if it is registered and complies with federal law. (House File 2381, which passed 83-16 on February 27,2014) Section 16 - Effective Upon Enactment - The section makes sections 12 & 13 dealing with insurance agent’s duties and responsibilities effective upon signature of the Governor. DIVISION IV CORRECTIVE PROVISIONS Section 17 - The section amends the changes to Iowa Code section 123.47 (1A) (c) (2) made in Senate File 2310 by changing “right” to “rite”. Section 18 - The section amends the changes to Iowa Code section 331,552 (35) by changing “subsection” to “paragraph”. Section 19 - The section amends the changes to Iowa Code section 422.33 (4) (c) made in Senate File 2240 by correcting an internal reference. Section 20 - The section amends the changes made to Iowa Code section 508.36 (13) (d) (1) (c) made in Senate File 2131 by changing “of” to “or”. Section 21 - The section amends the changes made to Iowa Code section 508.36 (16) (c) (3) made in Senate File 2131 by changing “or” to “of”. Section 22 - The section amends the changes made to Iowa Code section 508.37 (6) (h) (8) made in Senate File 2131 by changing “regulation” to “rule”. Section 23 - The section amends the changes made to Iowa Code section 537.1301 (46) made in House File 2324 by changing the Code of Federal Regulations reference. Section 24 - The section amends Senate File 2257 by striking section 15 of the bill and replacing inserting a new repeal section dealing with the College Student Aid Commission. 9 Section 25 - The section amends House File 2423 by striking section 159 of the bill, which was no longer necessary. DIVISION V GENERAL ASSEMBLY PUBLICATIONS PROVISIONS After the 2013 legislative session, the Legislative Services Agency published the 2014 version of the Iowa Code. This electronic publication was a change from previous practice, when LSA would publish a Code Supplement edition after the completion of the first session of a General Assembly. Division V revises the Code to provide for the publication of the Code every year. Division V also provides authority for citations to the annual publication in bills and other documents. LSA would still have the authority to publish supplements when necessary and to provide cites to those supplements. Division V also revises the statutory language regarding the placement of headnotes in the Iowa Code to reflect past and current legislative drafting practice. The Division also makes changes to correct who has the responsibility to publish the official roster of state officials. It will be the responsibility of the Legislative Services Agency, instead of the Administrative Code editor. Other changes included in the division are changing the reference to electronic documents of official publications as “electronic versions” instead of “electronic publications”. Finally, the Division clarifies that the print version of the Iowa Code and the Iowa Court rules may include indexes, but they are not required. DIVISION VI SNOWMOBILES Division VI deals with Snowmobiles. Senate File 2300 came over from the Senate just before the second funnel and there was not sufficient time for the Natural Resources Committee to address the concerns they had with the language. Those issues have now been worked out. Section 49 revises Iowa Code section 321G.3 to have it just apply to Iowa residents. Section 50 revises Iowa Code section 321G.4 by striking the reference to non-residents and changing the language regarding antique snowmobiles. Section 51 creates a separate Code section dealing with the requirements imposed on non-resident snowmobilers using state trails or state lands, and the penalties for not complying. Section 52 revises the Code provisions related to the use of snowmobiles by minors. First, Iowa Code section 321G.20 is revised to provide that anyone under the age of 16 cannot operate a snowmobile on public trails or lands unless under the direct supervision of a parent or guardian who is experienced in snowmobile operation and has a valid driver’s license. Section 53 amends Iowa Code section 321G.24 clarifying that a person between ages 12 and 17 shall not operate a snowmobile without obtaining a snowmobile education certificate. Section 54 amends Iowa Code section 805.8B, subsection 2, paragraph a - which deals with the penalties for violating the Code’s snowmobile provisions - by adding a reference to the new section for non-resident snowmobilers. 10 DIVISION VII STATEWIDE PRESCHOOL Division VII deals with administrative costs of preschools. Division VII increases the amount that can be used for administrative purposes by private providers. The per pupil amount is sent to the district, they retain 5% for administrative purposes, forward 95% on to the private provider, and the private provider can use 10% of those funds for administrative purposes. Additionally, Division VII defines what costs may be included as “administrative” costs as transportation associated with the program (as long as the transportation isn’t for preschool only), outreach activities, and rent for facilities not owned by the district. (House File 2390, which passed 99-0 on March 12, 2014) DIVISION VIII APPROPRIATIONS - RELATED MATTERS Section 59 - Rebuild Iowa Infrastructure Fund - Appropriation - The section makes several appropriations from RIIF for projects currently funded from the Technology Reinvestment Fund. These are: Chief Information Officer - Technology Improvement Projects - $6,613,663 Department of Human Services - Medicaid Computer Upgrade - $3,345,684 Iowa Telecommunications & Technology Commission - ICN Equipment Replacement - $2,245,653 Section 60 - The section amends Iowa Code section 8.57C (3) (a) to forgo the standing General Fund appropriation to the Technology Reinvestment Fund and move the date back to FY 2016. Section 61 - Iowa Communications Network - Authorization for Contracts - The section authorizes the ITTC to enter into contracts for ICN maintenance. DIVISION IX CHANGES TO PRIOR APPROPRIATIONS Section 62 - The section extends the reversion date for Community Attraction and Tourism Grants (until the end of FY 15) and Rail Grants(until the end of FY 16). Both were scheduled to revert at the end of FY 14. Section 63 - The section strikes the final year appropriations for the current Regents building projects: ISU - Ag/Biosystems Engineering Complex Phase II UI - Dental Science Building renovations UNI - Bartlett Hall renovations Section 64 - The section strikes the final year appropriation from the Technology Reinvestment Fund for the Medicaid Computer Upgrade. Section 65 - The section extends the reversion date for funding appropriated for the 2011 Missouri River flooding damage repair. The extension is for one year. Section 66 - The section strikes the appropriation from the Technology Reinvestment Fund to the Department of Administrative Services for technology improvement projects. Section 67 - Effective Upon Enactment - The section makes Division IX effective upon signature of the Governor. 11 Amendments to H-8315 H-8318, by Soderberg: The amendment would require life insurance companies to periodically review their policies against a database to determine whether any insured lives have passed away. If the insurer learns of the death, it is obligated to contact any policy beneficiaries. Section 1 of the amendment creates a new code section and defines new terms used throughout the bill. The most notable is the “death master file”, which means the U.S. Social Security Administration’s master death file “or any other database or service that is at least as comprehensive as the [U.S.] social security administration’s death master file for determining that a person has died.” The definition of a “policy” includes any life insurance policy issued in Iowa, but it excludes all policies governed under ERISA, policies under a federal employee benefit program and burial insurance. The section goes on to define the insurer’s duties under the bill. Insurers are required to perform at least semiannual comparisons of their policies’ covered lives against their death master file to identify potential death benefits to beneficiaries. After learning of a potential match, the insurer has 90 days to complete a good-faith effort to confirm the person’s death and determine whether benefits may be due. They may, however, nevertheless require a valid death certificate before paying a claim. If the insurer cannot locate the policy’s beneficiary or another person authorized to receive the policy benefit, the insurer would report and remit the money to the state under the unclaimed property laws of chapter 556 and 633. By reporting and remitting the proceeds to the state, an insurer may relieve itself of any additional liability to any beneficiary relating to the proceeds. To avail itself of this safe harbor, the insurer must have been either unable to locate an Iowa beneficiary or been unable to locate a beneficiary that had a last known address in Iowa. Section 2 of H-8318 would make section 1 take effect on July 1, 2015. (House File 2333, passed out of House Commerce Committee) H-8322, by Byrnes: The amendment addresses the fuel tax. Section 1 – Levy of excise tax – current formula This section locks in the current formula for figuring the excise tax until the end of this year, December 31, 2014. Section 2 – Levy of excise tax – new formula This section strikes the code language describing the current excise tax rate at 20 cents per gallon, and describes the new tax formula for both ethanol and non-ethanol gasoline, to go into effect on January 1, 2015. For ethanol fuel the new formula will be 16 cents per gallon plus 5 percent of retail price (.15/gallon + .05(retail price)). It will be the same for non-ethanol fuels. This section also requires the department to adopt rules describing the new process for figuring excise taxes. Section 3 – Levy of excise tax – E-85 This section removes current E-85 provisions because it is now taxed as ethanol, making the code language unnecessary. Section 4 – Levy of excise tax – diesel fuel This section describes the new formula for the excise tax on diesel fuel to go into effect on January 1, 2015. The new formula will be 18 cents per gallon plus 5 percent of retail price (.18/gallon + .05(retail 12 price)). Additionally, this section requires the department to adopt rules describing the new process for figuring these excise taxes. Finally, this section this section requires all other special fuels to be taxed at the same rate of ethanol. Section 5 – Levy of excise tax – notice This section adds a new subsection to the code which requires the Iowa Department of Revenue to publish the new rates by December 15 each year. Section 6 – Levy of excise tax – compressed natural gas This section states that compressed natural gas will be taxed at the same rate as non-ethanol gasoline. Section 7 – Levy of excise tax – liquefied natural gas This section states that liquefied natural gas will be taxed at the same rate as diesel fuel. Section 8 – Iowa Access Highways This section extends the Iowa Access Highway program allocated in RISE, for another 10 years; from July 1, 2015 to July 1, 2025. Section 9 – Inventory tax This section provides that those in charge of title for various types of fuel are not subject to the inventory tax typically necessary as a result of any tax increase. Section 10 – Effective date This section states that the act will be effective upon enactment; however, the new formulas described above will not go into effect until their stated dates. *NOTE: this amendment does not address the distribution of the moneys from excise taxes upon collection H-8223, by Winckler and others: The amendment provides $1 million to the Passenger Rail Service Revolving fund and states the intent of the General Assembly to provide $20 million over four years for passenger rail service. H-8324, by Isenhart and others: The amendment creates the Local Food and Farm Innovation Fund and appropriates $1 million to it. H-8325, by Abdul-Samad and others: The amendment appropriates $400,000 for a two-school foreign language education pilot project, to be conducted with the Regents. H-8326, by Staed and others: The amendment appropriates $1 million to the Food Bank. H-8328, by Hall: The amendment strikes the language and inserts a different version. Among the differences with H-8315 are: $1,775,000 to the University of Northern Iowa $2,000,000 to DNR for the Air Quality Program $2,000,000 to fund the Governor’s program requests for Home Base Iowa Requiring the state to make a 3.79 percent contribution per enrollee in the 411 pension system Implementing a school transportation supplementary weighting program 13 Implement the Senate’s personal settlement agreement bill (SF 2358) Reinstate the Vertical Infrastructure Advisory Committee The amendment also removes the following provisions that are in H-8315: Sections 12 & 13 relating to insurance agents duties Section 14 & 15 relating to suppressors Division VI relating to snowmobiles H-8329, by Soderberg: The amendment strikes Divisions VIII & IX related to RIIF. H-8330, Ourth and others: The amendment appropriates $2,000,000 to fund the Governor’s program requests for Home Base Iowa. AMENDMENTS TO HF 2473 H-8291, by Shaw: The amendment ends the requirement that a person have a permit to carry a firearm. Additionally, it alters criminal code sections for going armed with intent and carrying weapons on school property or while under the influence of alcohol. Disposition of A child Found to Have Committed a Delinquent Act Conforming change to the amendment. The section strikes the crime of carrying a dangerous weapon on school ground and replaces it with using a knife in the commission of a crime on school grounds. Going Armed With Intent The amendment alters the crime of going armed with a dangerous weapon with intent. H-8291 specifies that the intent required for a violation of this section shall not be inferred from the mere carrying or concealment of any dangerous weapon, including the carrying of a loaded firearm whether in the vehicle or on the persons’ body. Using a Knife in the Commission of A Crime (Previously “Carrying Weapons”) The amendment strikes the code section “Carrying Weapons” which included carrying a dangerous weapon without a valid permit or in other circumstances. New Language: A person who goes armed with a knife on or about the person, if the person uses the knife in the commission of a crime, commits an aggravated misdemeanor. Carrying Weapons on School Grounds-Penalty-Exceptions The amendment changes who may carry a weapon on school grounds. 1. A person who goes armed with a firearm on the grounds of a school commits a class D felony. 2. Subsection 1 does not apply in the following: a. A person specifically authorized by the school to go armed with a firearm for any lawful purpose b. A peace officer, when their duties require the person carry weapons c. Member of the Armed Forces or the National Guard when the weapon is carried in connection with the persons duties. d. A correctional officer, when their duties require. e. A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container. f. A person who lawfully carries or transports an unloaded pistol or revolver in a vehicle in a closed and fasted container where the pistol or revolver will not be readily accessible 14 g. Law enforcement officers from another state when their duties require the officer to carry the weapon and the officer is in the state for the following reasons: 1-extradition or other lawful removal of a prisoner from this state 2-pursuit of a suspect in compliance with Chapter 806 3-Activities in the capacity of a law enforcement officer with the consent of the chief of police, the county sheriff or the commissioner of public safety Possession or Carrying of Firearms while Under the Influence The amendment strikes language invalidating a permit to carry if a person is under the influence of alcohol. New language: A person commits a serious misdemeanor if the person is intoxicated and does any of the following: a. carries a dangerous weapon b. carries a weapon within the persons immediate access or reach while in a vehicle This section does not apply to the following: a. A person who carries a dangerous weapon while in their own dwelling, place of business or land owned by the person. b. The transitory possession or use of a firearm during an act of justified self-defense or justified defense of another, provided the possession lasts no longer than is immediately necessary to resolve the emergency Availability of Permit not to be Construed as Prohibition on Unlicensed carrying of weapons (Previously Duty to Carry Permit to Carry Weapon) The amendment provides that the availability of a professional or nonprofessional permit to carry a weapon, shall not be construed to impose a general prohibition on the unlicensed carrying, of a deadly weapon. H-8292, by Shaw: The amendment strikes or revises a series of Code provisions related to abortion. Section 1- Definitions-Department of Health Iowa Code section 135.1 currently excludes chapter 146 from applying. The amendment strikes language that excluded chapter 146 (Abortion Refusal to Perform). Section 2-Duties of Department-Department of Public Health The section strikes the requirement in Iowa Code section 135.11 (10 & 12) that the Department of Public Health enforce and create rules in compliance with chapter 146 (Abortion-Refusal to Perform) Section 3The section strikes language in the termination of pregnancy reporting section that references “or who induces a termination of pregnancy”. Throughout this section any reference to an induced termination of pregnancy is also struck. Section 4- Termination of Pregnancy Reporting-Vital Statistics Section 5-Unfair Employment Practices-Civil Rights Commission The section strikes language relating to employment polices relating to disabilities caused by abortions Current law treats a disability due to an abortion like other disabilities, in terms of time off and other similar benefits. This section strikes that language. Section 6- Exceptions for Retirement Plans, Abortion Coverage, Life, Disability, and Health Benefits 15 The amendment strikes “abortion coverage” from the title of code section and strikes the following language from the section: “A health insurance program provided by an employer may exclude coverage of abortion, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion.” Section 7-General Duties-Judicial Branch The section ends the requirement that the Court destroy records relating to abortions for pregnant minors who asked and were given or denied a waiver for an abortion without parental consent. Section 8-Murder Defined The section adds the following language: Person, when referring to a victim of murder, means an individual human being, without regard to age of development from the moment of conception, when a zygote is formed, until natural death. Murder includes killing another person through any means that terminates the life of the other person, including but not limited to the use of abortion inducing drugs. Abortion inducing drugs means a medicine, drug, or other substance prescribed with the intent of terminating a clinically diagnosable pregnancy with knowledge the drug will cause the termination of the pregnancy. Abortion inducing drugs also include off label use of drugs known to have abortion inducing properties, but does not include drugs that may be known to cause an abortion but are prescribed for another medical use. Murder does not include a fetal death as defined in 144.1 (fetal death) or the spontaneous termination of pregnancy. Section 9-Repeal Abortion Performed on a Minor-Waiver of Notification Proceedings Viability Definition Feticide Nonconsensual Termination-Serious injury to a human pregnancy Partial Birth Abortion Prohibited-Exceptions-Penalties Murder of Fetus Aborted Alive Duty to Preserve the life of the Fetus Section 10-Repeal Notification requirements regarding pregnant minors Abortions-Refusal to Perform Section 11-SeverabilityIf any provisions of the division of this act is held in valid, the invalidity shall not affect other provisions of the act. Section 12- Effective upon Enactment H-8293, by Baudler - Persons Under twenty-one-Sale, Loan, Gift, Making Available-Possession-Weapons The amendment strikes the requirement that a person must be 14 to possess a pistol or revolver. Under the amendment language, any person, no matter their age, may possess a pistol or revolver or ammunition while under the supervision of a parent, guardian or spouse older than 21. 16 H-8297, by Pettengill: The amendment addresses a number of pension issues. These include: Sections 1 and 5 recalculate the accidental or ordinary disability retirement benefit for a beneficiary under 55 years old under the Public Safety Peace Officers’ Retirement, Accident and Disability system (PORS) and 411 system. This section states that a beneficiary will have their disability retirement benefit reduced equal to the difference in income the beneficiary is receiving from other work and 2 ½ times the amount of the current earnable compensation of an active member of PORS at the same position on the salary scale, less the disability beneficiary’s net retirement allowance. Current law reduces the disability benefit if the disability beneficiary’s income from other employment is 1 ½ times the amount of an active member of PORS minus the net retirement allowance. Net retirement allowance is the disability beneficiary’s retirement allowance minus certain health insurance costs. (HF 389 from last session) Section 2 moves Scott County bailiffs to be covered under IPERS. (HF 2013 from last session) Section 3 extends the bona fide retirement exception for licensed health care professionals for 2 more years, until 2016. Section 4 addresses IPERS service purchase for military service, and amends the process to provide that only a member vested by service or a retired member who is vested by service and is within 6 months of the member’s first month of entitlement may make a service purchase. Currently, any vested or retired member, regardless of how the member became vested, who has at least one year of IPERS wages may make a service purchase at any time. H-8299, by Fisher: The amendment provides on-time funding for school districts that have an unusually large enrollment increase in a single year. Due to the school funding formula working off of the previous year’s enrollment, large influxes of students won’t be taken into account in the year they arrive, causing hardship on schools which don’t receive the funding for those students on-time. The amendment would provide to districts with an enrollment increase of 10% or more, on-time funding for the students above the 10% increase. The impact in FY13 and FY14 (3 schools eligible each year) would have been around 4.5 student statewide for a total of around $35,000 per year. 17
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