Bill Text: IA SF2285 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and including effective date and retroactive applicability provisions. (Formerly SSB 3153.) Various effective dates; see sections 141 and 142 of bill.

Spectrum: Committee Bill

Status: (Passed) 2012-03-22 - Signed by Governor. S.J. 649. [SF2285 Detail]

Download: Iowa-2011-SF2285-Enrolled.html

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Senate File 2285
AN ACT
RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE TO
REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE
REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE,
RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING
PROVISIONS, OR REMOVE AMBIGUITIES, AND INCLUDING EFFECTIVE
DATE AND RETROACTIVE APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
STATUTORY CORRECTIONS
Section 1. Section 8.55, subsection 2, Code Supplement
2011, is amended to read as follows:
2. a. The maximum balance of the fund is the amount equal
to two and one-half percent of the adjusted revenue estimate
for the fiscal year. If the amount of moneys in the Iowa
economic emergency fund is equal to the maximum balance, moneys
in excess of this amount shall be distributed as follows:
(1) a. The first sixty million dollars of the difference
between the actual net revenue for the general fund of the
state for the fiscal year and the adjusted revenue estimate for
the fiscal year shall be transferred to the taxpayers trust
fund.
(2) b. The remainder of the excess, if any, shall be
transferred to the general fund of the state.
b. Notwithstanding paragraph “a” , any moneys in excess of
the maximum balance in the economic emergency fund after the
distribution of the surplus in the general fund of the state at
the conclusion of each fiscal year shall not be distributed as
provided in paragraph “a” but shall be transferred to the senior
living trust fund. The total amount appropriated, reverted,

Senate File 2285, p. 2
or transferred, in the aggregate, under this paragraph,
section 8.57, subsection 2 , and any other law providing for
an appropriation or reversion or transfer of an appropriation
to the credit of the senior living trust fund, for all fiscal
years beginning on or after July 1, 2004, shall not exceed the
amount specified in section 8.57, subsection 2 , paragraph “c” .
Sec. 2. Section 8.57, Code Supplement 2011, is amended to
read as follows:
8.57 Annual appropriations —— reduction of GAAP deficit ——
rebuild Iowa infrastructure fund.
1. a. The “cash reserve goal percentage” for fiscal years
beginning on or after July 1, 2004, is seven and one-half
percent of the adjusted revenue estimate. For each fiscal
year in which the appropriation of the surplus existing in the
general fund of the state at the conclusion of the prior fiscal
year pursuant to paragraph “b” was not sufficient for the cash
reserve fund to reach the cash reserve goal percentage for the
current fiscal year, there is appropriated from the general
fund of the state an amount to be determined as follows:
(1) If the balance of the cash reserve fund in the current
fiscal year is not more than six and one-half percent of the
adjusted revenue estimate for the current fiscal year, the
amount of the appropriation under this lettered paragraph is
one percent of the adjusted revenue estimate for the current
fiscal year.
(2) If the balance of the cash reserve fund in the current
fiscal year is more than six and one-half percent but less than
seven and one-half percent of the adjusted revenue estimate for
that fiscal year, the amount of the appropriation under this
lettered paragraph is the amount necessary for the cash reserve
fund to reach seven and one-half percent of the adjusted
revenue estimate for the current fiscal year.
(3) The moneys appropriated under this lettered paragraph
shall be credited in equal and proportionate amounts in each
quarter of the current fiscal year.
b. The surplus existing in the general fund of the state
at the conclusion of the fiscal year is appropriated for
distribution in the succeeding fiscal year as provided in
subsections 3 2 and 4 3 . Moneys credited to the cash reserve
fund from the appropriation made in this paragraph shall not
exceed the amount necessary for the cash reserve fund to reach
the cash reserve goal percentage for the succeeding fiscal

Senate File 2285, p. 3
year. As used in this paragraph, “surplus” means the excess
of revenues and other financing sources over expenditures and
other financing uses for the general fund of the state in a
fiscal year.
c. The amount appropriated in this section is not subject
to the provisions of section 8.31 , relating to requisitions
and allotment, or to section 8.32 , relating to conditional
availability of appropriations.
2. a. There is appropriated from the surplus existing
in the general fund of the state at the conclusion of the
fiscal year beginning July 1, 2005, and ending June 30, 2006,
and at the conclusion of each succeeding fiscal year for
distribution to the senior living trust fund, an amount equal
to one percent of the adjusted revenue estimate for the current
fiscal year. However, if the amount of the surplus existing
in the general fund of the state at the conclusion of a fiscal
year is less than two percent of the adjusted revenue estimate
for that fiscal year, the amount of the appropriation made in
this paragraph shall be equal to fifty percent of the surplus
amount. The appropriation made in this paragraph shall be
distributed to the senior living trust fund in the succeeding
fiscal year. For the purposes of this subsection , “surplus”
means the same as defined in subsection 1 , paragraph “b” .
b. The appropriation made in paragraph “a” shall be made
before the appropriations are made pursuant to subsections 1,
3, and 4 , of the surplus existing in the general fund of the
state at the conclusion of the fiscal year beginning July 1,
2005, and ending June 30, 2006, and each succeeding fiscal
year.
c. The appropriation made in paragraph “a” shall continue
until the aggregate amount of the appropriations made,
reverted, or transferred to the senior living trust fund for
all fiscal years beginning on or after July 1, 2004, pursuant
to paragraph “a” of this subsection , section 8.55, subsection 2 ,
paragraph “b” , and any other law providing for an appropriation
or reversion or transfer of an appropriation to the senior
living trust fund is equal to three hundred million dollars.
d. This subsection and section 8.55, subsection 2 , paragraph
“b” , are repealed when the aggregate amount specified in
paragraph “c” has been distributed, appropriated, reverted, or
transferred to the senior living trust fund. The director of
the department of management shall notify the Iowa Code editor

Senate File 2285, p. 4
when the aggregate amount has been distributed, appropriated,
reverted, or transferred.
3. 2. Moneys appropriated under subsection 1 shall be first
credited to the cash reserve fund. To the extent that moneys
appropriated under subsection 1 would make the moneys in the
cash reserve fund exceed the cash reserve goal percentage of
the adjusted revenue estimate for the fiscal year, the moneys
are appropriated to the department of management to be spent
for the purpose of eliminating Iowa’s GAAP deficit, including
the payment of items budgeted in a subsequent fiscal year
which under generally accepted accounting principles should be
budgeted in the current fiscal year. These moneys shall be
deposited into a GAAP deficit reduction account established
within the department of management. The department of
management shall annually file with both houses of the general
assembly at the time of the submission of the governor’s
budget, a schedule of the items for which moneys appropriated
under this subsection for the purpose of eliminating Iowa’s
GAAP deficit, including the payment of items budgeted in
a subsequent fiscal year which under generally accepted
accounting principles should be budgeted in the current
fiscal year, shall be spent. The schedule shall indicate the
fiscal year in which the spending for an item is to take place
and shall incorporate the items detailed in 1994 Iowa Acts,
chapter 1181 , section 17. The schedule shall list each item
of expenditure and the estimated dollar amount of moneys to
be spent on that item for the fiscal year. The department of
management may submit during a regular legislative session an
amended schedule for legislative consideration. If moneys
appropriated under this subsection are not enough to pay for
all listed expenditures, the department of management shall
distribute the payments among the listed expenditure items.
Moneys appropriated to the department of management under
this subsection shall not be spent on items other than those
included in the filed schedule. On September 1 following the
close of a fiscal year, moneys in the GAAP deficit reduction
account which remain unexpended for items on the filed schedule
for the previous fiscal year shall be credited to the Iowa
economic emergency fund.
4. 3. To the extent that moneys appropriated under
subsection 1 exceed the amounts necessary for the cash reserve
fund to reach its maximum balance and the amounts necessary to

Senate File 2285, p. 5
eliminate Iowa’s GAAP deficit, including elimination of the
making of any appropriation in an incorrect fiscal year, the
moneys shall be appropriated to the Iowa economic emergency
fund.
5. 4. As used in this section , “GAAP” means generally
accepted accounting principles as established by the
governmental accounting standards board.
6. 5. a. A rebuild Iowa infrastructure fund is created
under the authority of the department of management. The fund
shall consist of appropriations made to the fund and transfers
of interest, earnings, and moneys from other funds as provided
by law. The rebuild Iowa infrastructure fund shall be separate
from the general fund of the state and the balance in the
rebuild Iowa infrastructure fund shall not be considered part
of the balance of the general fund of the state. However, the
rebuild Iowa infrastructure fund shall be considered a special
account for the purposes of section 8.53 , relating to generally
accepted accounting principles.
b. Moneys in the rebuild Iowa infrastructure fund are
not subject to section 8.33 . Notwithstanding section
12C.7, subsection 2 , interest or earnings on moneys in the
rebuild Iowa infrastructure fund shall be credited to the
infrastructure fund. Moneys in the rebuild Iowa infrastructure
fund may be used for cash flow purposes during a fiscal year
provided that any moneys so allocated are returned to the
infrastructure fund by the end of that fiscal year.
c. Moneys in the rebuild Iowa infrastructure fund in a
fiscal year shall be used as directed by the general assembly
for public vertical infrastructure projects. For the purposes
of this subsection , “vertical infrastructure” includes only land
acquisition and construction; major renovation and major repair
of buildings; all appurtenant structures; utilities; site
development; recreational trails; and debt service payments
on academic revenue bonds issued in accordance with chapter
262A for capital projects at board of regents institutions.
“Vertical infrastructure” does not include routine, recurring
maintenance or operational expenses or leasing of a building,
appurtenant structure, or utility without a lease-purchase
agreement.
d. The general assembly may provide that all or part of the
moneys deposited in the GAAP deficit reduction account created
in this section shall be transferred to the infrastructure fund

Senate File 2285, p. 6
in lieu of appropriation of the moneys to the Iowa economic
emergency fund.
e. (1) (a) (i) Notwithstanding provisions to the contrary
in sections 99D.17 and 99F.11 , for the fiscal year beginning
July 1, 2000, and for each fiscal year thereafter, not more
than a total of sixty-six million dollars shall be deposited
in the general fund of the state in any fiscal year pursuant to
sections 99D.17 and 99F.11 .
(ii) However, in lieu of the deposit in subparagraph
subdivision (i), for the fiscal year beginning July 1, 2010,
and for each fiscal year thereafter until the principal and
interest on all bonds issued by the treasurer of state pursuant
to section 12.87 are paid, as determined by the treasurer of
state, the first fifty-five million dollars of the moneys
directed to be deposited in the general fund of the state
under subparagraph subdivision (i) shall be deposited in the
revenue bonds debt service fund created in section 12.89 , and
the next three million seven hundred fifty thousand dollars of
the moneys directed to be deposited in the general fund of the
state under subparagraph subdivision (i) shall be deposited
in the revenue bonds federal subsidy holdback fund created in
section 12.89A , and the next one million two hundred fifty
thousand dollars of the moneys directed to be deposited in the
general fund of the state under subparagraph subdivision (i)
shall be deposited in the general fund of the state.
(b) The next fifteen million dollars of the moneys directed
to be deposited in the general fund of the state in a fiscal
year pursuant to sections 99D.17 and 99F.11 shall be deposited
in the vision Iowa fund created in section 12.72 for the fiscal
year beginning July 1, 2000, and for each fiscal year through
the fiscal year beginning July 1, 2019.
(c) The next five million dollars of the moneys directed to
be deposited in the general fund of the state in a fiscal year
pursuant to sections 99D.17 and 99F.11 shall be deposited in
the school infrastructure fund created in section 12.82 for the
fiscal year beginning July 1, 2000, and for each fiscal year
thereafter until the principal and interest on all bonds issued
by the treasurer of state pursuant to section 12.81 are paid,
as determined by the treasurer of state.
(d) (i) The total moneys in excess of the moneys deposited
in the revenue bonds debt service fund, the revenue bonds
federal subsidy holdback fund, the vision Iowa fund, the

Senate File 2285, p. 7
school infrastructure fund, and the general fund of the
state in a fiscal year shall be deposited in the rebuild Iowa
infrastructure fund and shall be used as provided in this
section , notwithstanding section 8.60 .
(ii) However, in lieu of the deposit in subparagraph
subdivision (i), for the fiscal year beginning July 1, 2010,
and for each fiscal year thereafter until the principal and
interest on all bonds issued by the treasurer of state pursuant
to section 12.87 are paid, as determined by the treasurer of
state, sixty-four million seven hundred fifty thousand dollars
of the excess moneys directed to be deposited in the rebuild
Iowa infrastructure fund under subparagraph subdivision (i)
shall be deposited in the general fund of the state.
(2) If the total amount of moneys directed to be deposited
in the general fund of the state under sections 99D.17 and
99F.11 in a fiscal year is less than the total amount of moneys
directed to be deposited in the revenue bonds debt service
fund and the revenue bonds federal subsidy holdback fund in
the fiscal year pursuant to this paragraph “e” , the difference
shall be paid from moneys deposited in the beer and liquor
control fund created in section 123.53 in the manner provided
in section 123.53, subsection 3 .
(3) After the deposit of moneys directed to be deposited in
the general fund of the state, the revenue bonds debt service
fund, and the revenue bonds federal subsidy holdback fund, as
provided in subparagraph (1), subparagraph division (a), if the
total amount of moneys directed to be deposited in the general
fund of the state under sections 99D.17 and 99F.11 in a fiscal
year is less than the total amount of moneys directed to be
deposited in the vision Iowa fund and the school infrastructure
fund in the fiscal year pursuant to this paragraph “e” , the
difference shall be paid from lottery revenues in the manner
provided in section 99G.39, subsection 3 .
f. There is appropriated from the rebuild Iowa
infrastructure fund to the secure an advanced vision for
education fund created in section 423F.2 , for each fiscal year
of the fiscal period beginning July 1, 2008, and ending June
30, 2010, the amount of the moneys in excess of the first
forty-seven million dollars credited to the rebuild Iowa
infrastructure fund during the fiscal year, not to exceed ten
million dollars.
g. Notwithstanding any other provision to the contrary,

Senate File 2285, p. 8
and prior to the appropriation of moneys from the rebuild Iowa
infrastructure fund pursuant to paragraph “c” , and section
8.57A, subsection 4 , moneys shall first be appropriated
from the rebuild Iowa infrastructure fund to the vertical
infrastructure fund as provided in section 8.57B, subsection 4 .
h. Annually, on or before January 15 of each year, a state
agency that received an appropriation from the rebuild Iowa
infrastructure fund shall report to the legislative services
agency and the department of management the status of all
projects completed or in progress. The report shall include
a description of the project, the progress of work completed,
the total estimated cost of the project, a list of all revenue
sources being used to fund the project, the amount of funds
expended, the amount of funds obligated, and the date the
project was completed or an estimated completion date of the
project, where applicable.
i. Annually, on or before December 31 of each year, a
recipient of moneys from the rebuild Iowa infrastructure fund
for any purpose shall report to the state agency to which the
moneys are appropriated the status of all projects completed
or in progress. The report shall include a description of the
project, the progress of work completed, the total estimated
cost of the project, a list of all revenue sources being used
to fund the project, the amount of funds expended, the amount
of funds obligated, and the date the project was completed or
an estimated completion date of the project, where applicable.
Sec. 3. Section 8A.317, subsection 1, Code Supplement 2011,
is amended to read as follows:
1. As used in this section , unless the context otherwise
requires:
a. “Biobased material” means the same as defined in section
469.31 a material in which carbon is derived in whole or in
part from a renewable resource .
b. “Biobased product” means a product generated by blending
or assembling of one or more biobased materials, either
exclusively or in combination with nonbiobased materials,
in which the biobased material is present as a quantifiable
portion of the total mass of the product.
b. c. “Designated biobased product” means a biobased
product as defined in section 469.31 , and includes a product
determined by the United States department of agriculture to be
a commercial or industrial product, other than food or

Senate File 2285, p. 9
feed, that is composed, in whole or in significant part, of
biological products, including renewable domestic agricultural
materials including plant, animal, and marine materials, or
forestry materials as provided in 7 U.S.C. § 8102.
Sec. 4. Section 11.2, subsection 3, paragraph d, Code
Supplement 2011, is amended to read as follows:
d. The review of the most recent annual report to
shareholders of an open-end management investment company
or an unincorporated investment company or investment trust
registered with the federal securities and exchange commission
under the federal Investment Company Act of 1940, 15 U.S.C.
§ 80a, pursuant to 17 C.F.R. § 270.30d-1 or the review, by
the person performing the audit, of the most recent annual
report to shareholders, call reports, or the findings pursuant
to a regular examination under state or federal law, to the
extent the findings are not confidential, of a bank, savings
and loan association, or credit union shall satisfy the review
requirements of this paragraph subsection .
Sec. 5. Section 11.5A, Code Supplement 2011, is amended to
read as follows:
11.5A Audit or examination —— costs.
When requested by the auditor of state, the department
of management shall transfer from any unappropriated funds
in the state treasury an amount not exceeding the expenses
and prorated salary costs already paid to perform audits or
examinations of state departments and agencies, the offices
of the judicial branch, and federal financial assistance as
defined in the federal Single Audit Act, 31 U.S.C. § 7501, et
seq., received by all other departments, as listed in section
11.5B , for which payments by agencies have not been made. Upon
payment by the departments, the auditor of state shall credit
the payments to the state treasury.
Sec. 6. Section 15.107, subsection 1, Code Supplement 2011,
is amended to read as follows:
1. The authority shall establish the Iowa innovation
corporation as a nonprofit corporation organized under chapter
504 and qualifying under section 501(c)(3) of the Internal
Revenue Code as an organization exempt from taxation. Unless
otherwise provided in this subchapter , the corporation is
subject to the provisions of chapter 504 . The corporation
shall be established for the purpose of receiving and
disbursing funds from public or private sources to be used to

Senate File 2285, p. 10
further the overall development and economic well-being of the
state.
Sec. 7. Section 15.202, Code Supplement 2011, is amended to
read as follows:
15.202 Grants and gifts.
The authority may , with the approval of the director, accept
grants and allotments of funds from the federal government
and enter into cooperative agreements with the secretary of
agriculture of the United States for projects to effectuate any
of the purposes of the agricultural marketing program; and may
accept grants, gifts, or allotments of funds from any person
for the purpose of carrying out the agricultural marketing
program. The authority shall make an itemized accounting of
such funds to the director at the end of each fiscal year.
Sec. 8. Section 15.272, Code Supplement 2011, is amended to
read as follows:
15.272 Statewide welcome center program —— objectives and
agency responsibilities —— pilot projects.
The state agencies, as indicated in this section , shall
undertake certain specific functions to implement the goals of
a statewide program, including the pilot projects, for welcome
centers.
1. a. The department of economic development and the
state department of transportation shall jointly establish a
statewide long-range plan for developing and operating welcome
centers throughout the state. The plan shall be submitted
to the general assembly by January 15, 1988. The plan shall
address, but not be limited to, the following:
(1) Integrating state, regional, and local tourism and
recreation marketing and promotion plans.
(2) Recommending a wide range of centers, including
state-developed and state-operated to privately managed
facilities.
(3) Establishing design, service, and maintenance quality
standards which all welcome centers will maintain. Included
in the standards shall be a provision requiring that space or
facilities be available for purposes of displaying and offering
for sale Iowa-made products, crafts, and arts. The space
or facilities may be operated by the department of economic
development or leased to and operated by other persons.
(4) Making projections of increased tourist spending,
indirect economic benefits, and direct revenue production which

Senate File 2285, p. 11
are estimated to occur as a result of implementing a statewide
welcome center program.
(5) Projecting estimated acquisition, construction,
exhibit, staffing, and maintenance costs.
(6) Integrating electronic data telecommunications systems.
(7) Identifying sites for maintaining existing centers as
well as locations for new centers.
b. The departments may enter into contracts for the
preparation of the long-range plan. The departments shall
involve the department of natural resources and the department
of cultural affairs in the preparation of the plan. The
recommendations and comments of organizations representing
hospitality and tourism services, including but not limited to,
the regional tourism councils, convention and visitors bureaus,
and the Iowa travel council, and others with interests in this
program will be considered for incorporation in the plan.
Prior to submission of the plan to the general assembly, the
plan shall be submitted to the regional tourism councils, the
convention and visitors bureaus, and the Iowa travel council
for their comments and criticisms which shall be submitted by
the department of economic development along with the plan to
the general assembly.
2. The responsibilities of the authority include the
following:
a. Seeing to the acquisition of property and the
construction of all new welcome centers including the pilot
projects selected by the department of economic development
pursuant to paragraph “e” . In carrying out this responsibility
the authority may , but is not limited to , the following:
(1) Arrange for the state department of transportation to
acquire title to land and buildings for use as and undertake
construction of state-owned welcome centers. In acquiring
property and constructing the welcome centers, including any
pilot projects, the state department of transportation may
use any funds available to it, including but not limited to,
the RISE fund, matching funds from local units of government
or organizations, the primary road fund, federal grants, and
moneys specifically appropriated for these purposes.
(2) Contract with other state agencies, local units of
government, or private groups, organizations, or entities for
the use of land, buildings, or facilities as state welcome
centers or in connection with state welcome centers, whether or

Senate File 2285, p. 12
not the property is actually owned by the state. If the local
match required for pilot projects or which may be required for
other welcome centers is met by providing land, buildings, or
facilities, the entity providing the local match shall enter
into an agreement with the authority to either transfer title
of the property to the state or to dedicate the use of the
property under the conditions and period of time set by the
authority.
b. Providing for the operations, management, and
maintenance of the state-owned and state-operated welcome
centers, including the collection and distribution of
tourism literature, telecommunication services, and other
travel-related services, and the display and offering for sale
of Iowa-made products, crafts, and arts.
c. Providing, at the discretion of the authority, financial
assistance in the form of loans and grants to privately
operated information centers to the extent the centers are
consistent with the long-range plan.
d. Developing a common theme or graphic logo which will be
identified with all welcome centers which meet the standards of
operations established for those centers.
e. Selecting the sites for the pilot projects. In selecting
the pilot project sites, the following apply:
(1) Up to three sites may be located in proximity to
the interstates and up to three sites may be located in
proximity to the other primary roads. The department of
economic development shall select at least one site which is in
proximity to a primary road which is not an interstate.
(2) Proposals for the sites must be submitted prior to
September 1, 1987 , and shall contain a commitment of at least
a one-dollar-per-dollar match of state financial assistance.
The local match may be in terms of land, buildings, or other
noncash items which are acceptable by the department of
economic development .
(3) Priority shall be given to proposals that have the best
local match, that are to be located where there is a very high
number of travelers passing, and for which the department of
economic development , after consultation with the departments
of transportation, natural resources, and cultural affairs,
considers the chances of success to be nearly perfect.
(4) The department of economic development shall select the
sites by September 15, 1987.

Senate File 2285, p. 13
Sec. 9. Section 15.292, subsection 6, Code Supplement 2011,
is amended to read as follows:
6. The board authority may approve, deny, or defer each
application for financial assistance from the brownfield
redevelopment fund created in section 15.293 .
Sec. 10. Section 15.293A, subsection 2, paragraph a,
subparagraphs (1) and (2), Code Supplement 2011, are amended
to read as follows:
(1) The authority shall accept and, in conjunction with
the council and the board , review applications for tax credits
pursuant to this section .
(2) Upon review of an application, the authority may
register the project under the program. If the authority
registers the project, the authority shall, in conjunction with
the council and the board , make a preliminary determination as
to the amount of tax credit for which the investor qualifies.
Sec. 11. Section 15.293A, subsection 8, Code Supplement
2011, is amended to read as follows:
8. A registered project shall be completed within thirty
months of the project’s approval unless the authority , with the
approval of the board, provides additional time to complete
the project. A project shall not be provided more than twelve
months of additional time. If the registered project is not
completed within the time required, the project is not eligible
to claim a tax credit pursuant to this section .
Sec. 12. Section 15.294, subsection 4, Code Supplement
2011, is amended to read as follows:
4. The council, in conjunction with the authority, shall
consider applications for redevelopment tax credits as
described in sections 15.293A and 15.293B , and may recommend
to the board authority which applications to approve and the
amount of such tax credits that each project is eligible to
receive.
Sec. 13. Section 15.301, subsection 2, paragraph b,
subparagraphs (1) and (4), Code Supplement 2011, are amended
to read as follows:
(1) The department of economic development or the authority
may designate an organization to administer the provisions of
this section on the authority’s behalf.
(4) An organization designated pursuant to subparagraph (1)
may accept, evaluate, and approve applications for financial
assistance from eligible small businesses pursuant to the

Senate File 2285, p. 14
requirements of this section and may monitor the compliance of
eligible businesses with the terms of an agreement entered into
with the department or authority.
Sec. 14. Section 15.301, subsection 2, paragraph e, Code
Supplement 2011, is amended to read as follows:
e. The department of economic development , under the terms
of an agreement with the organization designated pursuant to
paragraph “b” , shall begin to provide financial assistance from
the fund not later than August 1, 2010, and shall to the extent
practicable obligate all available moneys in the fund prior to
March 31, 2011.
Sec. 15. Section 15.301, subsection 4, unnumbered paragraph
1, Code Supplement 2011, is amended to read as follows:
Upon approval of the application for financial assistance
by the department of economic development, the authority , or
an organization designated pursuant to subsection 2 , paragraph
“b” , the eligible business shall enter into an agreement with
the department or authority which shall include but not be
limited to all of the following provisions:
Sec. 16. Section 15.331A, subsection 2, paragraphs a and b,
Code 2011, are amended to read as follows:
a. The contractor or subcontractor shall state under oath,
on forms provided by the department of revenue , the amount of
the sales of goods, wares, or merchandise or services rendered,
furnished, or performed including water, sewer, gas, and
electric utility services upon which sales or use tax has been
paid prior to the project completion, and shall file the forms
with the eligible business before final settlement is made.
b. The eligible business shall, not more than one year
after project completion, make application to the department
of revenue for any refund of the amount of the sales and use
taxes paid pursuant to chapter 423 upon any goods, wares, or
merchandise, or services rendered, furnished, or performed,
including water, sewer, gas, and electric utility services.
The application shall be made in the manner and upon forms to
be provided by the department of revenue , and the department of
revenue shall audit the claim and, if approved, issue a warrant
to the eligible business in the amount of the sales or use tax
which has been paid to the state of Iowa under a contract. A
claim filed by the eligible business in accordance with this
section shall not be denied by reason of a limitation provision
set forth in chapter 421 or 423 .

Senate File 2285, p. 15
Sec. 17. Section 15.411, subsection 9, Code Supplement
2011, is amended to read as follows:
9. In each fiscal year, the authority may transfer
additional moneys that become available to the authority
from sources such as loan repayments or recaptures of awards
from federal economic stimulus funds to the innovation
and commercialization development fund created in section
15.412 , provided the authority spends those moneys for the
implementation of the recommendations included in the separate
consultant reports on bioscience, advanced manufacturing,
information technology, and entrepreneurship submitted to the
department of economic development in calendar years 2004,
2005, and 2006.
Sec. 18. Section 15E.64, subsection 2, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. The chairperson of the economic development authority
board or a designee of the chairperson.
Sec. 19. Section 15E.120, subsection 6, Code Supplement
2011, is amended to read as follows:
6. On July 18 1 , 2011, the economic development authority
shall assume responsibility for the administration of this
section .
Sec. 20. Section 15E.193, subsection 1, paragraph b,
subparagraph (2), Code Supplement 2011, is amended to read as
follows:
(2) The authority , upon the recommendation of the
authority, shall adopt rules determining what constitutes a
sufficient package of benefits.
Sec. 21. Section 15E.208, subsection 3, paragraph b,
subparagraph (2), subparagraph divisions (c) through (e), Code
Supplement 2011, are amended to read as follows:
(c) Notwithstanding any provision of this division to
the contrary, payments on the principal balance of the loan
granted by the corporation to an eligible person and assigned
to the department of economic development pursuant to this
subparagraph during calendar year 2003 shall be deferred until
October 1, 2007. The eligible person shall make principal
payments to the department of economic development in the
amount of one million dollars for each year on October 1, 2007,
October 1, 2008, and October 1, 2009. The eligible person
shall pay the department of economic development four hundred
eighty-two thousand seven hundred sixty-one dollars

Senate File 2285, p. 16
in interest, which shall be deemed to be the total amount of
interest accruing on the principal amount of the loan. The
eligible person shall pay the interest amount on October 1,
2010. Upon the payment of the principal balance of the loan
and the accrued interest, the debt shall be retired.
(d) Notwithstanding any provision of this division to
the contrary, the corporation shall repay the department of
economic development, or its successor entity, the principal
balance of the Iowa agricultural industry finance loan
beginning on October 1, 2007. The principal balance of
the loan equals twenty-one million five hundred seventeen
thousand two hundred thirty-nine dollars. The corporation
shall repay the department of economic development, or its
successor entity, five hundred seventeen thousand two hundred
thirty-nine dollars by October 1, 2007, and for each subsequent
year the corporation shall repay the department, or its
successor entity, at least one million dollars by October 1
until the total principal balance of the loan is repaid. This
subparagraph shall not be construed to limit the authority
of the department of economic development, or its successor
entity, to negotiate the payment of interest accruing on
the principal balance which shall be paid as provided by an
agreement executed by the department of economic development ,
or its successor entity, and the corporation.
(e) Notwithstanding any provision of this division to
the contrary, payments of principal and interest of the loan
granted by the corporation to an eligible person and assigned
to the department of economic development pursuant to this
subparagraph during calendar year 2003 which were deferred
pursuant to subparagraph division (c) shall be forgiven and the
total debt, including interest, shall be retired.
Sec. 22. Section 15E.351, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The economic development authority shall establish and
administer a business accelerator program to provide financial
assistance for the establishment and operation of a business
accelerator for technology-based, value-added agricultural,
information solutions, alternative and renewable energy
including the alternative and renewable energy sectors listed
in section 476.42, subsection 1 , paragraph “a” , subparagraph
(1), or advanced manufacturing start-up businesses or for a
satellite of an existing business accelerator. The program

Senate File 2285, p. 17
shall be designed to foster the accelerated growth of new
and existing businesses through the provision of technical
assistance. The economic development authority may provide
financial assistance under this section from moneys allocated
for regional financial assistance pursuant to section 15G.111,
subsection 9 .
Sec. 23. Section 15E.351, subsection 2, paragraph h, Code
Supplement 2011, is amended to read as follows:
h. The business accelerator must possess the willingness to
accept referrals from the economic development authority.
Sec. 24. Section 15G.111, subsection 2, paragraphs c and d,
Code Supplement 2011, are amended to read as follows:
c. Of the moneys accruing to the fund pursuant to
subsection 1 , paragraph “c” , the authority , with the approval
of the authority, may allocate an amount necessary to fund
administrative and operations costs. An allocation pursuant to
this paragraph may be made in addition to any allocations made
pursuant to subsection 4 , paragraph “a” .
d. Of the moneys transferred to the fund pursuant to 2009
Iowa Acts, chapter 123, section 9, the authority , with the
approval of the authority, may allocate an amount necessary
to fund administrative and operations costs. An allocation
pursuant to this paragraph may be made in addition to any
allocations made pursuant to subsection 4 , paragraph “a” .
Sec. 25. Section 15G.112, subsection 1, paragraph b, Code
Supplement 2011, is amended to read as follows:
b. The program shall consist of the components described
in subsections 4 through 9 . Each fiscal year, the authority ,
with the approval of the authority, shall allocate an amount of
financial assistance from the fund that may be awarded under
each component of the program to qualifying applicants.
Sec. 26. Section 15G.112, subsection 1, paragraph d,
unnumbered paragraph 1, Code Supplement 2011, is amended to
read as follows:
For each award of financial assistance under the program,
the authority and the recipient of the financial assistance
shall enter into an agreement describing the terms and
obligations under which the financial assistance is being
provided. The authority may negotiate , subject to approval by
the authority, the terms and obligations of the agreement. An
agreement shall contain but need not be limited to all of the
following terms and obligations:

Senate File 2285, p. 18
Sec. 27. Section 15G.112, subsection 4, paragraph a,
subparagraph (2), Code Supplement 2011, is amended to read as
follows:
(2) The business shall provide a sufficient package of
benefits to each employee holding a created or retained job.
The authority , at the recommendation of the authority, shall
adopt rules determining what constitutes a sufficient package
of benefits.
Sec. 28. Section 15G.112, subsection 5, paragraph b, Code
Supplement 2011, is amended to read as follows:
b. The business shall provide a sufficient package of
benefits to each employee holding a created or retained job.
The authority , at the recommendation of the authority, shall
adopt rules determining what constitutes a sufficient package
of benefits.
Sec. 29. Section 15G.113, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The authority , with the approval of the authority,
may award financial assistance from the fund to a business,
an individual, a development corporation, a nonprofit
organization, an organization established in section 28H.1 ,
or a political subdivision of this state if, in the opinion
of the authority, a project presents a unique opportunity for
economic development in this state, or if the project addresses
a situation constituting a threat to the continued economic
prosperity of this state.
Sec. 30. Section 15G.114, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The authority , upon the recommendation of the authority,
shall adopt rules for the administration of this chapter in
accordance with chapter 17A .
Sec. 31. Section 15G.115, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The authority shall accept and process applications for
financial assistance under the economic development financial
assistance program. After processing the applications, the
authority shall prepare them for review by advisory committees
and for final action by the authority as described in this
section .
Sec. 32. Section 15G.115, subsection 3, paragraphs b and d,
Code Supplement 2011, are amended to read as follows:
b. Consider the recommendation of the due diligence

Senate File 2285, p. 19
committee and the technology commercialization committee on
each application for financial assistance, as described in
subsection 2 , and take final action on each application.
d. Take final action on any rules recommended by the
authority for the implementation of the provisions of this
chapter .
Sec. 33. Section 15H.3, subsection 1, paragraph k, Code
Supplement 2011, is amended to read as follows:
k. Additional ex officio , nonvoting members selected by the
commission to the extent that they are not in conflict with the
provisions of the National Community Service Trust Act of 1993
or any related state or federal legislation.
Sec. 34. Section 28N.2, subsection 2, paragraph e, Code
Supplement 2011, is amended to read as follows:
e. Four voting members, each appointed by the heads of the
following departments agencies :
(1) The department of agriculture and land stewardship.
(2) The department of natural resources.
(3) The economic development authority.
(4) The department of transportation.
Sec. 35. Section 29C.20B, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The homeland security and emergency management division
shall work with the department of human services and nonprofit,
voluntary, and faith-based organizations active in disaster
recovery and response in coordination with the department of
human services to establish a statewide system of disaster
case management to be activated following the governor’s
proclamation of a disaster emergency or the declaration of
a major disaster by the president of the United States for
individual assistance purposes. Under the system, the homeland
security and emergency management division shall coordinate
case management services locally through local committees as
established in each commission’s emergency plan.
Sec. 36. Section 42.4, subsection 8, paragraph b,
subparagraph (2), Code 2011, is amended to read as follows:
(2) Each holdover senatorial district to which subparagraph
(1) is not applicable shall elect a senator in the year ending
in two for a two-year term commencing in January of the year
ending in three. However, if more than one incumbent state
senator is residing in a holdover senatorial district on the
first Wednesday in February of the year ending in two, and,

Senate File 2285, p. 20
on or before the first third Wednesday in February of the
year ending in two, all but one of the incumbent senators
resigns from office effective no later than January of the
year ending in three, the remaining incumbent senator shall
represent the district in the senate for the general assembly
commencing in January of the year ending in three. A copy of
each resignation must be filed in the office of the secretary
of state no later than five p.m. on the third Wednesday in
February of the year ending in two.
Sec. 37. Section 46.2A, subsection 8, Code 2011, is amended
by striking the subsection.
Sec. 38. Section 123.135, subsection 5, Code 2011, is
amended to read as follows:
5. Notwithstanding any other penalties provided by this
chapter , any holder of a certificate of compliance or any
class “A” permit holder who violates this chapter or the rules
adopted pursuant to this chapter is subject to a civil fine
penalty not to exceed one thousand dollars or suspension of the
holder’s certificate or permit for a period not to exceed one
year, or both such civil fine penalty and suspension. Civil
fines penalties imposed under this section shall be collected
and retained by the division.
Sec. 39. Section 123.180, subsection 6, Code 2011, is
amended to read as follows:
6. Regardless of any other penalties provided by this
chapter , any holder of a certificate of compliance relating to
wine or a class “A” permittee who violates this chapter or the
rules adopted pursuant to this chapter is subject to a civil
fine penalty not to exceed one thousand dollars or subject to
suspension of the certificate of compliance or permit for a
period not to exceed one year, or to both civil fine penalty
and suspension. Civil fines penalties imposed under this
section shall be collected and retained by the division.
Sec. 40. Section 125.2, subsection 14, Code Supplement
2011, is amended to read as follows:
14. “Psychiatric advanced registered nurse practitioner”
means an individual currently licensed as a registered nurse
under chapter 152 or 152E who holds a national certification in
psychiatric mental health care and who is registered with the
board of nursing as an advanced registered nurse practitioner.
Sec. 41. Section 125.10, subsections 3, 5, 9, and 17, Code
2011, as amended by 2011 Iowa Acts, chapter 121, section 30,

Senate File 2285, p. 21
are amended to read as follows:
3. Coordinate the efforts and enlist the assistance of all
public and private agencies, organizations and individuals
interested in the prevention of substance abuse misuse and the
treatment of persons with substance-related disorders.
5. Cooperate with the department of education, boards
of education, schools, police departments, courts, and other
public and private agencies, organizations, and individuals in
establishing programs for the prevention of substance abuse
misuse and the treatment of persons with substance-related
disorders, and in preparing relevant curriculum materials for
use at all levels of school education.
9. Sponsor and implement research in cooperation with local
treatment programs into the causes and nature of substance
misuse and treatment of persons with substance-related
disorders, and serve as a clearing house for information
relating to substance abuse misuse .
17. Review all state health, welfare, education and
treatment proposals to be submitted for federal funding under
federal legislation, and advise the governor on provisions to
be included relating to substance abuse misuse , and persons
with substance-related disorders.
Sec. 42. Section 125.43A, Code 2011, as amended by 2011 Iowa
Acts, chapter 121, section 39, is amended to read as follows:
125.43A Prescreening —— exception.
Except in cases of medical emergency or court-ordered
admissions, a person shall be admitted to a state mental health
institute for substance abuse treatment of a substance-related
disorder only after a preliminary intake and assessment by a
department-licensed treatment facility or a hospital providing
care or treatment for persons with substance-related disorders
licensed under chapter 135B and accredited by the joint
commission on the accreditation of health care organizations,
the commission on accreditation of rehabilitation facilities,
the American osteopathic association, or another recognized
organization approved by the board, or by a designee of a
department-licensed treatment facility or a hospital other
than a state mental health institute, which confirms that
the admission is appropriate to the person’s substance
abuse substance-related disorder service needs. A county
board of supervisors may seek an admission of a patient to a
state mental health institute who has not been confirmed for
appropriate admission and the county shall be responsible for

Senate File 2285, p. 22
one hundred percent of the cost of treatment and services of
the patient.
Sec. 43. Section 125.83, Code 2011, as amended by 2011 Iowa
Acts, chapter 121, section 47, is amended to read as follows:
125.83 Placement for evaluation.
If upon completion of the commitment hearing, the court
finds that the contention that the respondent is a person with
a substance-related disorder has been sustained by clear and
convincing evidence, the court shall order the respondent
placed at a facility or under the care of a suitable facility
on an outpatient basis as expeditiously as possible for a
complete evaluation and appropriate treatment. The court shall
furnish to the facility at the time of admission or outpatient
placement, a written statement of facts setting forth the
evidence on which the finding is based. The administrator of
the facility shall report to the court no more than fifteen
days after the individual is admitted to or placed under the
care of the facility, which shall include the chief medical
officer’s recommendation concerning substance abuse treatment
of a substance-related disorder . An extension of time may be
granted for a period not to exceed seven days upon a showing
of good cause. A copy of the report shall be sent to the
respondent’s attorney who may contest the need for an extension
of time if one is requested. If the request is contested, the
court shall make an inquiry as it deems appropriate and may
either order the respondent released from the facility or grant
extension of time for further evaluation. If the administrator
fails to report to the court within fifteen days after the
individual is admitted to the facility, and no extension
of time has been requested, the administrator is guilty of
contempt and shall be punished under chapter 665 . The court
shall order a rehearing on the application to determine whether
the respondent should continue to be held at the facility.
Sec. 44. Section 125.91, subsections 2 and 3, Code 2011, as
amended by 2011 Iowa Acts, chapter 121, section 50, are amended
to read as follows:
2. a. A peace officer who has reasonable grounds to
believe that the circumstances described in subsection 1 are
applicable may, without a warrant, take or cause that person
to be taken to the nearest available facility referred to in
section 125.81, subsection 2 , paragraph “b” or “c” . Such a
person with a substance-related disorder due to intoxication
or substance-induced incapacitation who also demonstrates

Senate File 2285, p. 23
a significant degree of distress or dysfunction may also
be delivered to a facility by someone other than a peace
officer upon a showing of reasonable grounds. Upon delivery
of the person to a facility under this section , the examining
attending physician may order treatment of the person, but
only to the extent necessary to preserve the person’s life
or to appropriately control the person’s behavior if the
behavior is likely to result in physical injury to the person
or others if allowed to continue. The peace officer or other
person who delivered the person to the facility shall describe
the circumstances of the matter to the examining attending
physician. If the person is a peace officer, the peace
officer may do so either in person or by written report. If
the examining attending physician has reasonable grounds to
believe that the circumstances in subsection 1 are applicable,
the examining attending physician shall at once communicate
with the nearest available magistrate as defined in section
801.4, subsection 10 . The magistrate shall, based upon the
circumstances described by the examining attending physician,
give the examining attending physician oral instructions
either directing that the person be released forthwith, or
authorizing the person’s detention in an appropriate facility.
The magistrate may also give oral instructions and order that
the detained person be transported to an appropriate facility.
b. If the magistrate orders that the person be detained, the
magistrate shall, by the close of business on the next working
day, file a written order with the clerk in the county where it
is anticipated that an application may be filed under section
125.75 . The order may be filed by facsimile if necessary. The
order shall state the circumstances under which the person
was taken into custody or otherwise brought to a facility
and the grounds supporting the finding of probable cause to
believe that the person is a person with a substance-related
disorder likely to result in physical injury to the person or
others if not detained. The order shall confirm the oral order
authorizing the person’s detention including any order given
to transport the person to an appropriate facility. The clerk
shall provide a copy of that order to the attending physician ,
at the facility to which the person was originally taken, any
subsequent facility to which the person was transported, and
to any law enforcement department or ambulance service that
transported the person pursuant to the magistrate’s order.
3. The attending physician shall examine and may detain

Senate File 2285, p. 24
the person pursuant to the magistrate’s order for a period not
to exceed forty-eight hours from the time the order is dated,
excluding Saturdays, Sundays, and holidays, unless the order is
dismissed by a magistrate. The facility may provide treatment
which is necessary to preserve the person’s life or to
appropriately control the person’s behavior if the behavior is
likely to result in physical injury to the person or others if
allowed to continue or is otherwise deemed medically necessary
by the attending physician, but shall not otherwise provide
treatment to the person without the person’s consent. The
person shall be discharged from the facility and released from
detention no later than the expiration of the forty-eight-hour
period, unless an application for involuntary commitment is
filed with the clerk pursuant to section 125.75 . The detention
of a person by the procedure in this section , and not in excess
of the period of time prescribed by this section , shall not
render the peace officer, attending physician, or facility
detaining the person liable in a criminal or civil action
for false arrest or false imprisonment if the peace officer,
attending physician, or facility had reasonable grounds to
believe that the circumstances described in subsection 1 were
applicable.
Sec. 45. Section 135.141, subsection 2, paragraph a, Code
2011, is amended to read as follows:
a. Coordinate with the homeland security and emergency
management division of the department of public defense the
administration of emergency planning matters which involve
the public health, including development, administration, and
execution of the public health components of the comprehensive
emergency plan and emergency management program pursuant to
section 29C.8 .
Sec. 46. Section 142A.3, subsection 10, Code Supplement
2011, is amended to read as follows:
10. The commission may designate an advisory council. The
commission shall determine the membership and representation
of the advisory council and members of the council shall serve
at the pleasure of the commission. The advisory council may
include representatives of health care provider groups, parent
groups, antitobacco advocacy programs and organizations,
tobacco retailers, research and evaluation experts, and youth
organizers.
Sec. 47. Section 152.12, Code 2011, is amended to read as
follows:

Senate File 2285, p. 25
152.12 Examination information.
Notwithstanding section 147.21 , individual pass or fail
examination results made available from the authorized national
testing agency may be disclosed to the appropriate licensing
authority in another state, the District of Columbia, or a
territory or county country , and the board-approved education
program, for purposes of verifying accuracy of national data
and determining program approval.
Sec. 48. Section 173.11, subsection 3, Code Supplement
2011, is amended to read as follows:
3. Administer the foundation fund under the control of the
Iowa state fair foundation, in its capacity as the board of
the Iowa state fair foundation, as directed by the board in
its capacity as the board of the Iowa state fair foundation .
The treasurer shall administer the fund in accordance with
procedures of the treasurer of state, and maintain a correct
account of receipts and disbursements of assets of the
foundation fund.
Sec. 49. Section 226.9C, subsection 2, paragraph c,
subparagraph (1), as enacted by 2011 Iowa Acts, chapter 121,
section 51, is amended to read as follows:
(1) Prior to an individual’s admission for dual diagnosis
treatment, the individual shall have been prescreened. The
person performing the prescreening shall be either the mental
health professional, as defined in section 228.1, who is
contracting with the county central-point-of-coordination
process to provide the prescreening or a mental health
professional with the requisite qualifications. A mental
health professional with the requisite qualifications shall
meet all of the following qualifications: is a mental health
professional as defined in section 228.1, is a certified an
alcohol and drug counselor certified by the nongovernmental
Iowa board of substance abuse certification, and is employed
by or providing services for a facility, as defined in section
125.2.
Sec. 50. Section 230A.106, subsection 2, paragraph c, as
enacted by 2011 Iowa Acts, chapter 121, section 16, is amended
to read as follows:
c. Day treatment, partial hospitalization, or psychosocial
rehabilitation services. Such Day treatment, partial
hospitalization, or psychosocial rehabilitation services shall
be provided as structured day programs in segments of less than
twenty-four hours using a multidisciplinary team approach to

Senate File 2285, p. 26
develop treatment plans that vary in intensity of services
and the frequency and duration of services based on the needs
of the patient. These services may be provided directly by
the center or in collaboration or affiliation with other
appropriately accredited providers.
Sec. 51. Section 232.103, subsection 3, Code 2011, is
amended to read as follows:
3. A change in the level of care for a child who is subject
to a dispositional order for out-of-home placement requires
modification of the dispositional order. A hearing shall be
held on a motion to terminate or modify a dispositional order
except that a hearing on a motion to terminate or modify an
order may be waived upon agreement by all parties. Reasonable
notice of the hearing shall be given to the parties. The
hearing shall be conducted in accordance with the provisions of
procedure established for dispositional hearings under section
232.50 , subsection 3 .
Sec. 52. Section 236.18, Code 2011, is amended to read as
follows:
236.18 Reference to certain criminal provisions.
In addition to the criminal penalties provisions contained
in this chapter , certain criminal penalties and provisions
pertaining to domestic abuse assaults are set forth in chapter
664A and sections 708.2A and 708.2B .
Sec. 53. Section 249H.3, subsection 10, Code 2011, is
amended to read as follows:
10. “Persons with disabilities” means individuals eighteen
years of age or older with disabilities as disability is
defined in section 225B.2 mental or physical impairments that
result in significant functional limitation in one or more
areas of major life activity and in the need for specialized
care, treatment, or training services of extended duration .
Sec. 54. Section 252B.9, subsection 1, paragraph f,
subparagraph (5), Code 2011, is amended to read as follows:
(5) If the person fails to comply with the request or
subpoena, fails to request a conference, and fails to pay a
fine penalty imposed under subparagraph (4), the unit may
petition the district court to compel the person to comply
with this paragraph. If the person objects to imposition of
the fine penalty , the person may seek judicial review by the
district court.
Sec. 55. Section 256.32, subsection 2, paragraph d, Code
Supplement 2011, is amended by striking the paragraph.

Senate File 2285, p. 27
Sec. 56. Section 256I.3, subsection 2, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. The board shall consist of twenty-one voting members with
fifteen citizen members and six state agency members. The six
state agency members shall be the directors or their designees
of the following departments agencies : economic development
authority, education, human rights, human services, public
health, and workforce development. The designees of state
agency directors shall be selected on an annual basis. The
citizen members shall be appointed by the governor, subject to
confirmation by the senate. The governor’s appointments of
citizen members shall be made in a manner so that each of the
state’s congressional districts is represented by at least two
citizen members and so that all the appointments as a whole
reflect the ethnic, cultural, social, and economic diversity of
the state. A member of the state board shall not be a provider
of services or other entity receiving funding through the early
childhood Iowa initiative or be employed by such a provider or
other entity.
Sec. 57. Section 256I.5, subsection 4, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. Enter into memoranda of agreement with the departments
of education, human rights, human services, public health, and
workforce development and the economic development authority
to formalize the commitments of the respective departments’
commitments departments and the authority to collaborating with
and integrating a comprehensive early care, education, health,
and human services system. Items addressed in the memoranda
shall include but are not limited to data sharing and providing
staffing to the technical assistance team.
Sec. 58. Section 260C.18A, subsection 2, paragraph e, Code
Supplement 2011, is amended by striking the paragraph.
Sec. 59. Section 261E.8, subsection 3, Code Supplement
2011, is amended to read as follows:
3. A student may make application to a community college and
the school district to allow the student to enroll for college
credit in a nonsectarian course offered by the community
college. A comparable course, as defined in rules adopted by
the board of directors of the school district, must not be
offered by the school district or accredited nonpublic school
which the student attends. The school board shall annually
approve courses to be made available for high school credit
using locally developed criteria that establishes which courses

Senate File 2285, p. 28
will provide the student with academic rigor and will prepare
the student adequately for transition to a postsecondary
institution. If an eligible postsecondary institution a
community college accepts a student for enrollment under
this section , the school district, in collaboration with the
community college, shall send written notice to the student,
the student’s parent or legal guardian in the case of a minor
child, and the student’s school district. The notice shall
list the course, the clock hours the student will be attending
the course, and the number of hours of college credit that the
student will receive from the community college upon successful
completion of the course.
Sec. 60. Section 267A.2, Code Supplement 2011, is amended
to read as follows:
267A.2 Definitions.
As used in this section chapter , unless the context
otherwise requires:
1. “Coordinator” means the local food and farm program
coordinator created in section 267A.4 .
2. “Council” means the local food and farm program council
established in section 267A.3 .
3. “Department” means the department of agriculture and land
stewardship.
4. “Fund” means the local food and farm program fund created
in section 267A.5 .
Sec. 61. Section 282.1, subsection 1, Code 2011, is amended
to read as follows:
1. Persons between five and twenty-one years of age are of
school age. Nonresident children shall be charged the maximum
tuition rate as determined in section 282.24, subsection 1 ,
with the exception that those residing temporarily in a school
corporation may attend school in the corporation upon terms
prescribed by the board. A school district discontinuing
grades under section 282.7, subsection 1 or subsections 1 and
3 , shall be charged tuition as provided in section 282.24,
subsection 1 .
Sec. 62. Section 282.10, subsection 1, Code 2011, is amended
to read as follows:
1. Whole grade sharing is a procedure used by school
districts whereby all or a substantial portion of the pupils in
any grade in two or more school districts share an educational
program for all or a substantial portion of a school day
under a written agreement pursuant to section 256.13 , 280.15 ,

Senate File 2285, p. 29
or 282.7 , subsection 1 or subsections 1 and 3 . Whole grade
sharing may either be one-way or two-way sharing.
Sec. 63. Section 282.18, subsection 15, Code 2011, is
amended to read as follows:
15. a. If a request under this section is for transfer to
a laboratory the research and development school, as described
in chapter 256G , the student who is the subject of the request
shall be included in the basic enrollment of the student’s
district of residence and the board of directors of the
district of residence shall pay to a laboratory the research
and development school the state cost per pupil for the
previous school year, plus any moneys received for the pupil as
a result of the non-English speaking weighting under section
280.4, subsection 3 , for the previous school year multiplied by
the state cost per pupil for the previous year.
b. Notwithstanding subsection 7, a district of residence
shall not be required to pay the state cost per pupil for a
student attending a laboratory the research and development
school during the school year beginning July 1, 2010, if
the student was not included in the district of residence’s
enrollment count for funding purposes in the school year
beginning July 1, 2009.
Sec. 64. Section 306D.2, subsection 1, unnumbered paragraph
1, Code Supplement 2011, is amended to read as follows:
The state department of transportation shall prepare a
statewide, long-range plan for the protection, enhancement,
and identification of highways and secondary roads which pass
through unusually scenic areas of the state as identified
in section 306D.1 . The department of natural resources,
department of economic development authority , and department of
cultural affairs, private organizations, county conservation
boards, city park and recreation departments, and the federal
agencies having jurisdiction over land in the state shall be
encouraged to assist in preparing the plan. The plan shall be
coordinated with the state’s open space plan if a state open
space plan has been approved by the general assembly. The plan
shall include, but is not limited to, the following elements:
Sec. 65. Section 321.18, subsection 9, Code 2011, is amended
by striking the subsection.
Sec. 66. Section 321.180B, subsection 1, paragraph c, Code
Supplement 2011, is amended to read as follows:
c. Except as otherwise provided, a permittee who is less
than eighteen years of age and who is operating a motor vehicle

Senate File 2285, p. 30
must be accompanied by a person issued a driver’s license
valid for the vehicle operated who is the parent, guardian,
or custodian of the permittee, a member of the permittee’s
immediate family if the family member is at least twenty-one
years of age, an approved driver education instructor, a
prospective driver education instructor who is enrolled in
a practitioner preparation program with a safety education
program approved by the state board of education, or a person
at least twenty-five years of age if written permission is
granted by the parent, guardian, or custodian, and who is
actually occupying a seat beside the driver. A permittee shall
not operate a motor vehicle if the number of passengers in the
motor vehicle exceeds the number of passenger safety belts
in the motor vehicle. If the applicant for an instruction
permit holds a driver’s license issued in this state valid
for the operation of a motorized bicycle or a motorcycle, the
instruction permit shall be valid for such operation without
the requirement of an accompanying person.
Sec. 67. Section 321.186, subsection 3, Code Supplement
2011, is amended to read as follows:
3. The examination shall include a screening of the
applicant’s eyesight, a test of the applicant’s ability to
read and understand highway signs regulating, warning, and
directing traffic, a test of the applicant’s knowledge of the
traffic laws of this state, an actual demonstration of ability
to exercise ordinary and reasonable control in the operation
of a motor vehicle, and other physical and mental examinations
as the department finds necessary to determine the applicant’s
fitness to operate a motor vehicle safely upon the highways.
However, an applicant for a new driver’s license other than
a commercial driver’s license need not pass a vision test
administered by the department if the applicant files with the
department a vision report in accordance with section 321.186A
which shows that the applicant’s visual acuity level meets or
exceeds those required by the department.
Sec. 68. Section 331.427, subsection 3, paragraph a, Code
2011, is amended to read as follows:
a. Expenses of a joint local emergency management commission
under chapter 29C .
Sec. 69. Section 331.653, subsection 5, Code 2011, is
amended to read as follows:
5. Serve as a member of the joint local emergency management
commission as provided in section 29C.9 .

Senate File 2285, p. 31
Sec. 70. Section 331.756, subsection 4, Code Supplement
2011, is amended to read as follows:
4. Prosecute misdemeanors under chapter 236 664A . The
county attorney shall prosecute other misdemeanors when not
otherwise engaged in the performance of other official duties.
Sec. 71. Section 419.4, subsection 2, Code 2011, is amended
to read as follows:
2. a. The proceedings under which the bonds are authorized
to be issued under the provisions of this chapter , and any
mortgage given to secure the same, may contain any agreements
and provisions customarily contained in instruments securing
bonds, including , but not limited to:
a. (1) Provisions respecting custody of the proceeds
from the sale of the bonds including their investment and
reinvestment until used to defray the cost of the project.
b. (2) Provisions respecting the fixing and collection of
rents or payment with respect to any project covered by such
proceedings or mortgage.
c. (3) The terms to be incorporated in the lease, sale
contract , or loan agreement with respect to such project.
d. (4) The maintenance and insurance of such project.
e. (5) The creation, maintenance, custody, investment and
reinvestment and use of special funds from the revenues of such
project, and
f. (6) The rights and remedies available in case of a
default to the bond holders or to any trustee under the lease,
sale contract, loan agreement or mortgage.
b. A municipality shall have the power to provide that
proceeds from the sale of bonds and special funds from the
revenues of the project shall be invested and reinvested in
such securities and other investments as shall be provided in
the proceedings under which the bonds are authorized to be
issued including:
(1) obligations issued or guaranteed by the United States;
(2) obligations issued or guaranteed by any person
controlled or supervised by and acting as an instrumentality of
the United States pursuant to authority granted by the Congress
of the United States;
(3) obligations issued or guaranteed by any state of the
United States, or the District of Columbia, or any political
subdivision of any such state or district;
(4) prime commercial paper;
(5) prime finance company paper;

Senate File 2285, p. 32
(6) bankers’ acceptances drawn on and accepted by banks
organized under the laws of any state or of the United States;
(7) repurchase agreements fully secured by obligations
issued or guaranteed by the United States or by any person
controlled or supervised by and acting as an instrumentality of
the United States pursuant to authority granted by the Congress
of the United States; and
(8) certificates of deposit issued by banks organized
under the laws of any state or of the United States; whether
or not such investment or reinvestment is authorized under any
other law of this state. The municipality shall also have the
power to provide that such proceeds or funds or investments
and the amounts payable under the lease, sale contract , or
loan agreement shall be received, held and disbursed by one or
more banks or trust companies located in or out of the state
of Iowa. A municipality shall also have the power to provide
that the project and improvements shall be constructed by the
municipality, lessee, the lessee’s designee, the contracting
party, or the contracting party’s designee, or any one or
more of them on real estate owned by the municipality, the
lessee, the lessee’s designee, the contracting party, or the
contracting party’s designee, as the case may be, that the
bond proceeds shall be disbursed by the trustee bank or banks,
trust company or trust companies, during construction upon the
estimate, order or certificate of the lessee, the lessee’s
designee, the contracting party, or the contracting party’s
designee.
c. In making such agreements or provisions as provided
in this subsection , a municipality shall not have the power
to obligate itself, except with respect to the project and
the application of the revenues therefrom, and shall not have
the power to incur a pecuniary liability or a charge upon its
general credit or against its taxing powers.
Sec. 72. Section 422.5, subsection 3, paragraph b, Code
Supplement 2011, is amended to read as follows:
b. In lieu of the computation in subsection 1 , or 2, or 3
in paragraph “a” of this subsection , if the married persons’,
filing jointly or filing separately on a combined return,
head of household’s, or surviving spouse’s net income exceeds
thirteen thousand five hundred dollars, the regular tax imposed
under this division shall be the lesser of the maximum state
individual income tax rate times the portion of the net income
in excess of thirteen thousand five hundred dollars or the

Senate File 2285, p. 33
regular tax liability computed without regard to this sentence.
Taxpayers electing to file separately shall compute the
alternate tax described in this paragraph using the total net
income of the husband and wife. The alternate tax described
in this paragraph does not apply if one spouse elects to carry
back or carry forward the loss as provided in section 422.9,
subsection 3 .
Sec. 73. Section 422.7, subsection 51, Code Supplement
2011, is amended to read as follows:
51. Subtract, to the extent included, the amount of any
Vietnam Conflict veterans bonus provided pursuant to section
35A.8, subsection 5 , and section 35A.8A .
Sec. 74. Section 422.11S, subsection 7, paragraph a,
subparagraph (2), Code Supplement 2011, is amended to read as
follows:
(2) “Total approved tax credits” means for the tax year
beginning in the 2006 calendar year, two million five hundred
thousand dollars, for the tax year beginning in the 2007
calendar year, five million dollars, and for tax years
beginning on or after January 1, 2008, seven million five
hundred thousand dollars. However, for tax years beginning on
or after January 1, 2012, and only if legislation is enacted
by the Eighty-fourth General Assembly, 2011 session, amending
section 257.8, subsections 1 and 2 , to establish both the state
percent of growth and the categorical state percent of growth
for the budget year beginning July 1, 2012, at two percent,
“total approved tax credits” means eight million seven hundred
fifty thousand dollars.
Sec. 75. Section 422.11T, Code 2011, is amended to read as
follows:
422.11T Film qualified expenditure tax credit.
The taxes imposed under this division , less the credit
credits allowed under section 422.12 , shall be reduced by a
qualified expenditure tax credit authorized pursuant to section
15.393, subsection 2 , paragraph “a” .
Sec. 76. Section 422.11U, Code 2011, is amended to read as
follows:
422.11U Film investment tax credit.
The taxes imposed under this division , less the credit
credits allowed under section 422.12 , shall be reduced by an
investment tax credit authorized pursuant to section 15.393,
subsection 2 , paragraph “b” .
Sec. 77. Section 437A.14, subsection 3, Code Supplement

Senate File 2285, p. 34
2011, is amended to read as follows:
3. Unless otherwise expressly permitted by a section
referencing this chapter , the kilowatt-hours of electricity or
therms of natural gas delivered by a taxpayer in a competitive
service area shall not be divulged to any person or entity,
other than the taxpayer, the department of revenue , or the
internal revenue service for use in a matter unrelated to tax
administration. This prohibition precludes persons or entities
other than the taxpayer, the department of revenue , or the
internal revenue service from obtaining such information from
the department of revenue . A subpoena, order, or process which
requires the department of revenue to produce such information
to a person or entity, other than the taxpayer, the department
of revenue , or internal revenue service, for use in a nontax
proceeding is void.
Sec. 78. Section 445.5, subsection 6, Code Supplement 2011,
is amended to read as follows:
6. The county treasurer shall deliver to the taxpayer a
receipt stating the year of tax, date of payment, a description
of the parcel, and the amount of taxes, interest, fees, and
costs paid when payment is made by cash tender. A receipt
for other payment tender types shall only be delivered upon
request. The receipt shall be in full of for the first half,
second half, or full year amounts unless a payment is made
under section 445.36A or 435.24, subsection 6 .
Sec. 79. Section 452A.3, subsection 5, Code 2011, is amended
to read as follows:
5. a. The tax shall be paid by the following:
a. (1) The supplier, upon the invoiced gross gallonage of
all motor fuel or undyed special fuel withdrawn from a terminal
for delivery in this state.
(2) Tax shall not be paid when the sale of alcohol occurs
within a terminal from an alcohol manufacturer to an Iowa
licensed supplier. The tax shall be paid by the Iowa licensed
supplier when the invoiced gross gallonage of the alcohol or
the alcohol part of ethanol blended gasoline is withdrawn from
a terminal for delivery in this state.
b. (3) The person who owns the fuel at the time it is
brought into the state by a restrictive supplier or importer,
upon the invoiced gross gallonage of motor fuel or undyed
special fuel imported.
c. (4) The blender on total invoiced gross gallonage of
alcohol or other product sold to be blended with gasoline or

Senate File 2285, p. 35
special fuel.
d. (5) Any other person who possesses taxable fuel upon
which the tax has not been paid to a licensee.
b. However, the The tax shall not be imposed or collected
under this division with respect to motor fuel or special fuel
sold for export or exported from this state to any other state,
territory, or foreign country.
Sec. 80. Section 455B.487, Code 2011, is amended to read as
follows:
455B.487 Facility acquisition and operation.
1. The commission shall adopt rules establishing criteria
for the identification of land areas or sites which are
suitable for the operation of facilities for the management
of hazardous and low-level radioactive wastes. Upon request,
the department shall assist in locating suitable sites for the
location of a facility. The commission may purchase or condemn
land to be leased or used for the operation of a facility
subject to chapter 6A . Consideration for a contract for
purchase of land shall not be in excess of funds appropriated
by the general assembly for that purpose. The commission may
lease land purchased under this section to any person including
the state or a state agency. This section authorizes the state
to own or operate hazardous waste facilities and low-level
radioactive waste facilities, subject to the approval of the
general assembly.
2. The purchase, condemnation, use, or lease of land for the
management of wastes, shall be approved by the general assembly
prior to the purchase, condemnation, use, or lease of the land.
3. a. The terms of the lease or contract shall establish
responsibility for long-term monitoring and maintenance of the
site. The commission shall require that the lessee or operator
post bond or provide proof of sufficient insurance coverage,
as determined by the commission to be reasonably necessary to
protect the state against liabilities arising from the storage
of wastes, abandonment of the facility, facility accidents,
failure of the facility, or other liabilities which may arise.
b. The terms of the lease or contract shall also require
that the lessee or operator of the facility pay an annual
fee to the state, as established by the commission, to cover
facility monitoring costs, and shall require that the lessee
or operator establish a long-term monitoring and maintenance
fund in which the lessee or operator shall deposit annually an
amount specified by the commission. The fund shall be used

Senate File 2285, p. 36
to pay closure, long-term monitoring and maintenance, and
contingency costs.
4. The lease agreement or contract shall provide for a
local review and monitoring committee established by the
county or municipal entity governing the jurisdiction in
which the facility is located. Prior to the approval of a
lease agreement or contract the local committee shall review
the application of the prospective lessee or operator and
shall determine the suitability of the proposed site for
the facility. The local committee may inspect the facility
during operation and may make recommendations regarding the
operation and closure of the facility. The commission shall
establish a surtax paid by the lessee or operator of a facility
to the local governmental entity, and retained by the local
governmental entity in which the facility is located. The
lessee or operator of the facility shall provide funding for
the implementation of the duties of the local committee.
5. The lessee or operator is subject to all applicable
permit and licensing requirements. The leasehold interest,
including improvements made to the property, shall be listed,
assessed, and valued as any other real property as provided by
law.
6. a. Facilities acquired or operated pursuant to this
section shall comply with applicable federal and state
statutes, local ordinances, and regulations adopted by
regulatory agencies to the extent required by law.
The purchase, condemnation, use, or lease of land for the
management of wastes, shall be approved by the general assembly
prior to the purchase, condemnation, use, or lease of the land.
b. Facilities acquired or operated pursuant to this section
may be used for regional, statewide or multistate management
of wastes.
c. Facilities acquired or operated pursuant to this section
shall not be used for the purpose of shallow land burial of
wastes as a means of disposal.
7. An operator of a facility acquired or operated pursuant
to this section shall require that a person, prior to the use
of the facility, submit proof that reasonable and good faith
measures have been taken to reduce the generation of waste.
8. A hazardous waste facility acquired or operated pursuant
to this section shall be operated in accordance with the
following schedule:
1. a. The initial fee paid by a person depositing hazardous

Senate File 2285, p. 37
waste at the facility shall be increased by ten percent per ton
upon receipt of twenty-five percent of the waste capacity of
the facility.
2. b. The initial fee paid by a person depositing hazardous
waste at the facility shall be increased by twenty-five percent
per ton upon receipt of fifty percent of the waste capacity of
the facility.
3. c. Upon receipt of fifty percent of the waste capacity
of the facility, the receipt of waste shall be limited to
hazardous waste generated within the state of Iowa. If an
agreement has been established between the owner or operator of
the hazardous waste facility and an out-of-state generator of
hazardous waste, this limitation is null and void.
Sec. 81. Section 459.501, subsection 5, paragraph b, Code
Supplement 2011, is amended to read as follows:
b. The department of natural resources shall credit an
amount to the fund from which the expense authorized by the
executive council as provided in paragraph “a” was appropriated
which is equal to an amount allocated authorized for payment
to support the livestock remediation fund by the executive
council under paragraph “a” . However, the department shall only
be required to credit the moneys to such fund if the moneys
in the livestock remediation fund which are not obligated or
encumbered, and not counting the department’s estimate of
the cost to the livestock remediation fund for pending or
unsettled claims, the amount to be allocated to the department
of agriculture and land stewardship, and any amount required to
be transferred to the fund from which appropriated as described
in this paragraph, are in excess of two million five hundred
thousand dollars. The department is not required to credit the
total amount to the fund from which appropriated as described
in this paragraph during any one fiscal year.
Sec. 82. Section 459.502, subsection 2, Code Supplement
2011, is amended to read as follows:
2. The department shall deposit moneys collected from
the fees into the livestock remediation fund according to
procedures adopted by the department.
Sec. 83. Section 461A.80, Code Supplement 2011, is amended
to read as follows:
461A.80 Public outdoor recreation and resources advisory
council.
1. An advisory council for public outdoor recreation and
resources appropriations made for the purposes of section

Senate File 2285, p. 38
461A.79 is created. The council shall consist of a public
member appointed by the governor from each congressional
district, the chairperson of the commission, the director, and
a designee of the economic development authority.
2. Each county conservation board of those counties which
are located in a congressional district shall nominate one
person from the congressional district for appointment to the
advisory council. The commission shall compile a list of
the nominations of the county conservation boards for each
congressional district and shall provide this list to the
governor. The governor shall appoint one member from each
congressional district from the nominations as provided.
Appointments shall be made for three-year terms beginning July
1 in the year of appointment. A person shall not serve more
than two terms. A vacancy shall be filled for the unexpired
term in the same manner as the original appointment was made.
3. No more than three public members shall belong to the
same political party. The council shall elect a chairperson
annually from among the council’s members, and the director
shall serve as council secretary. Persons already serving in
an elected or appointed governmental capacity are not eligible
to serve as council members.
2. 4. The advisory council shall meet annually, in July,
and upon the call of the chairperson of the advisory council.
The advisory council shall make policy recommendations to
the commission regarding the projects and programs to be
funded from funds available for public outdoor recreation and
resources from appropriations made for the purposes of section
461A.79 .
3. Each county conservation board of those counties which
are located in a congressional district shall nominate one
person from the congressional district for appointment to the
advisory council. The commission shall compile a list of
the nominations of the county conservation boards for each
congressional district and shall provide this list to the
governor. The governor shall appoint one member from each
congressional district from the nominations as provided.
Appointments shall be made for three-year terms beginning July
1 in the year of appointment. A person shall not serve more
than two terms. A vacancy shall be filled for the unexpired
term in the same manner as the original appointment was made.
5. The public members of the advisory council shall be
reimbursed for actual and necessary expenses for each day

Senate File 2285, p. 39
employed in the official discharge of their duties. The
expenses shall be paid from the administration fund of the
commission. Each member of the council may also be eligible to
receive compensation as provided in section 7E.6 .
Sec. 84. Section 462A.2, subsection 24, Code Supplement
2011, is amended to read as follows:
24. “Operate” means to navigate or otherwise use a vessel or
motorboat. For the purposes of section 462A.12, subsection
2 , sections 462A.14 , 462A.14A , 462A.14B , 462A.14C , 462A.14D ,
and 462A.14E , and section 462A.23, subsection 2 , paragraph
“b” , “operate” , when used in reference to a motorboat, means
the motorboat is powered by a motor which is running, and when
used in reference to a sailboat, means the sailboat is either
powered by a motor which is running, or the sailboat is under
way and has sails hoisted and is not propelled by a motor , and
is under way .
Sec. 85. Section 465A.2, subsection 1, paragraph b,
unnumbered paragraph 1, Code Supplement 2011, is amended to
read as follows:
Prepare a statewide, long-range plan for the acquisition
and protection of significant open space lands throughout the
state as identified in section 465A.1 . The department of
transportation, department of economic development authority ,
and department of cultural affairs, private organizations,
county conservation boards, city park and recreation
departments, and the federal agencies with lands in the state
shall be directly involved in preparing the plan. The plan
shall include, but is not limited to, the following elements:
Sec. 86. Section 466B.3, subsection 4, paragraph m, Code
Supplement 2011, is amended by striking the paragraph.
Sec. 87. Section 468.221, subsection 2, paragraph b, Code
Supplement 2011, is amended to read as follows:
b. If the written communication is to be delivered to a
local government, it may be delivered to the governing body of
the local government. The written communication may also be
delivered to a person designated by the governing body. As
used in this paragraph section , “local government” includes
a county, city, township, or any special purpose district or
authority.
Sec. 88. Section 473.1, subsections 1 and 6, Code Supplement
2011, are amended to read as follows:
1. “Alternative and renewable energy” means the same
as in section 469.31 energy sources including but not

Senate File 2285, p. 40
limited to solar, wind turbine, waste management, resource
recovery, recovered energy generation, refuse-derived fuel,
hydroelectric, agricultural crops or residues, hydrogen
produced using renewable fuel sources, and woodburning, or
relating to renewable fuel development and distribution .
6. “Renewable fuel” means the same as in section 469.31 a
fuel that is all of the following:
a. A motor vehicle fuel that is any of the following:
(1) Produced from grain; starch; oilseed; vegetable,
animal, or fish materials, including but not limited to fats,
greases, and oil; sugar components, grasses, or potatoes; or
other biomass.
(2) Natural gas produced from a biogas source including
but not limited to a landfill, sewage waste treatment plant,
animal feeding operation, or other place where decaying organic
material is found.
b. Used to replace or reduce the quantity of fossil fuel
present in a motor fuel mixture used to operate a motor
vehicle .
Sec. 89. Section 473.7, subsection 2, Code Supplement 2011,
is amended to read as follows:
2. The authority shall collect Collect and analyze data
to use in forecasting future energy demand and supply for
the state. A supplier is required to provide information
pertaining to the supply, storage, distribution, and sale of
energy sources in this state when requested by the authority.
The information shall be of a nature which directly relates
to the supply, storage, distribution, and sale of energy
sources, and shall not include any records, documents, books,
or other data which relate to the financial position of the
supplier. The authority, prior to requiring any supplier to
furnish it with such information, shall make every reasonable
effort to determine if such information is available from any
other governmental source. If it finds such information is
available, the authority shall not require submission of the
information from a supplier. Notwithstanding the provisions of
chapter 22 , information and reports obtained under this section
shall be confidential except when used for statistical purposes
without identifying a specific supplier and when release of
the information will not give an advantage to competitors and
serves a public purpose. The authority shall use this data to
conduct energy forecasts.
Sec. 90. Section 473.10, subsection 4, Code Supplement

Senate File 2285, p. 41
2011, is amended to read as follows:
4. The director authority shall adopt rules to implement
this section .
Sec. 91. Section 476.1C, subsection 1, Code 2011, is amended
to read as follows:
1. Gas public utilities having fewer than two thousand
customers are :
a. Are not subject to the regulation authority of
the utilities board under this chapter unless otherwise
specifically provided. Sections 476.10 , 476.20 , 476.21 , and
476.51 apply to such gas utilities.
b. Gas public utilities having fewer than two thousand
customers shall Shall be subject to the assessment of fees
for the support of the Iowa energy center created in section
266.39C and the center for global and regional environmental
research created by the state board of regents and shall file
energy efficiency plans and energy efficiency results with
the board. The energy efficiency plans as a whole shall be
cost-effective. The board may waive all or part of the energy
efficiency filing requirements if the gas utility demonstrates
superior results with existing energy efficiency efforts.
c. Gas public utilities having fewer than two thousand
customers shall Shall keep books, accounts, papers and records
accurately and faithfully in the manner and form prescribed by
the board. The board may inspect the accounts of the utility
at any time.
d. (1) A gas public utility having fewer than two thousand
customers may May make effective a new or changed rate,
charge, schedule, or regulation after giving written notice
of the proposed new or changed rate, charge, schedule, or
regulation to all affected customers served by the public
utility. The notice shall inform the customers of their right
to petition for a review of the proposal to the utilities
board within sixty days after notice is served if the petition
contains the signatures of at least one hundred of the gas
utility’s customers. The notice shall state the address of the
utilities board. The new or changed rate, charge, schedule, or
regulation takes effect sixty days after such valid notice is
served unless a petition for review of the new or changed rate,
charge, schedule, or regulation signed by at least one hundred
of the gas utility’s customers is filed with the board prior to
the expiration of the sixty-day period.
(2) If such a valid petition is filed with the board

Senate File 2285, p. 42
within the sixty-day period, any new or changed rate, charge,
schedule, or regulation shall take effect, under bond or
corporate undertaking, subject to refund of all amounts
collected in excess of those amounts which would have been
collected under the rates or charges finally approved by the
board. The board shall within five months of the date of
filing make a determination of just and reasonable rates based
on a review of the proposal, applying established regulatory
principles. The board may call upon the gas public utility
and its customers to furnish factual evidence in support of or
opposition to the new or changed rate, charge, schedule, or
regulation. If the gas public utility disputes the finding,
the utility may within twenty days file for further review, and
the board shall docket the case as a formal proceeding under
section 476.6, subsection 4 , and set the case for hearing. The
gas public utility shall submit factual evidence and written
argument in support of the filing.
e. A gas public utility having fewer than two thousand
customers shall Shall not make effective a new or changed rate,
charge, schedule, or regulation which relates to services for
which a rate change is pending within twelve months following
the date the petition to review the prior proposed rate,
charge, schedule, or regulation was filed with the board
or until the board has made its determination of just and
reasonable rates, whichever date is earlier, unless the utility
applies to the board for authority and receives authority to
make a subsequent rate change at an earlier date.
f. Gas public utilities having fewer than two thousand
customers shall Shall not make or grant any unreasonable
preferences or advantages as to rates or services to any
person or subject any person to any unreasonable prejudice
or disadvantage. Rates charged by a gas public utility
having less than two thousand customers for transportation of
customer-owned gas shall not exceed the actual cost of such
transportation services including a fair rate of return.
Sec. 92. Section 476C.4, subsection 4, paragraph b,
subparagraph (2), Code Supplement 2011, is amended to read as
follows:
(2) The applicant shall, in the application made under this
section , identify the equity holders or beneficiaries that
are to receive the tax credit certificates and the percentage
of the tax credit that is allocable to each equity holder or
beneficiary.

Senate File 2285, p. 43
Sec. 93. Section 483A.24, subsection 1, Code Supplement
2011, is amended to read as follows:
1. Owners or tenants of land, and their juvenile minor
children, may hunt, fish or trap upon such lands and may shoot
by lawful means ground squirrels, gophers, or woodchucks upon
adjacent roads without securing a license so to do; except,
special licenses to hunt deer and wild turkey shall be required
of owners and tenants but they shall not be required to have a
special wild turkey hunting license to hunt wild turkey on a
hunting preserve licensed under chapter 484B .
Sec. 94. Section 483A.24, subsection 2, paragraph a,
subparagraph (3), subparagraph division (b), Code Supplement
2011, is amended to read as follows:
(b) An “owner” does not mean a person who owns a farm unit
and who employs a farm manager or third party to operate the
farm unit, or a person who owns a farm unit and who rents the
entire farm unit to a tenant who is responsible for all farm
operations. However, this paragraph subparagraph division does
not apply to an owner who is a parent of the tenant and who
resides in this state.
Sec. 95. Section 496B.12, Code Supplement 2011, is amended
to read as follows:
496B.12 Articles amended.
1. The articles of incorporation of any development
corporation may be amended by the votes of the shareholders and
the members thereof voting separately by classes.
2. Any amendment shall require approval by the affirmative
vote of two-thirds of the votes to which the shareholders shall
be entitled and two-thirds of the votes to which the members
shall be entitled. No amendment, however, shall be made
which: (1)
a. is Is inconsistent with this chapter ; . (2)
b. authorizes Authorizes any additional class or classes of
shares of capital stock ; . (3)
c. eliminates Eliminates or curtails the authority of the
authority with respect to the corporation.
3. Without the consent of each of the members affected, no
amendment shall be made which does any of the following : (1)
a. increases Increases the obligation of a member to make
loans to the corporation ; . (2)
b. makes Makes any change in the principal amount, interest
rate, maturity date, or in the security or credit position of
any outstanding loan of a member to the corporation ; . (3)

Senate File 2285, p. 44
c. affects Affects a member’s right to withdraw from
membership, as provided herein , or . (4)
d. affects Affects a member’s voting rights in the
corporation.
4. Within thirty days after any meeting at which amendment
of any such articles has been adopted, articles of amendment
signed and sworn to by the president, secretary, and majority
of the directors, setting forth such amendment and the due
adoption thereof, shall be submitted to the director of the
authority who shall examine them, and if the director finds
that they conform to the requirements of this chapter , shall
so certify and endorse the director’s approval thereof.
Thereupon, the articles of amendment shall be filed in the
office of the secretary of state in the manner set forth and
as provided in the Iowa business corporation Act, chapter 490 ,
and no such amendment shall take effect until such articles of
amendment shall have been approved and filed as aforesaid.
5. Within sixty days after the effective date of any
legislative amendment affecting the rights and obligations
of the members and shareholders or otherwise affecting the
articles of incorporation, the approval of such legislative
amendments shall be voted on by the shareholders and the
members of the development corporation at a meeting duly
called for that purpose. If such legislative amendment is not
approved by the affirmative vote of two-thirds of the votes to
which such shareholders shall be entitled and two-thirds of the
votes to which such members shall be entitled, any such member
voting against the approval of such legislative amendment shall
have the right to withdraw from membership as provided in this
chapter .
6. Within thirty days after any meeting at which a
legislative amendment affecting the articles of incorporation
of a development corporation has been voted on, a certificate
filed and sworn to by the secretary or other recording officer
of such corporation setting forth the action taken at such
meeting with respect to such amendment shall be submitted to
the director of the authority and upon receipt of such approval
shall be filed in the office of the secretary of state.
Sec. 96. Section 501A.504, subsection 4, Code Supplement
2011, is amended to read as follows:
4. Filing. An amendment of the articles shall be filed with
the secretary as required in section 501A.201 . The amendment
is effective as provided in subchapter II . After an amendment

Senate File 2285, p. 45
to the articles of organization has been adopted and approved
in the manner required by this chapter and by the articles of
organization, the cooperative shall deliver to the secretary of
state for filing articles of amendment which shall set forth
all of the following:
a. The name of the cooperative.
b. The text of each amendment adopted.
c. The date of each amendment’s adoption.
d. (1) If the amendment was adopted by the directors or
members , a statement that the amendment was duly adopted in
the manner required by this chapter and by the articles of
organization and that members’ adoption was not required.
e. (2) If an amendment required adoption by the members, a
statement that the amendment was duly adopted by the members
in the manner required by this chapter and by the articles of
organization.
Sec. 97. Section 507B.7, subsection 1, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. Payment of a civil penalty of not more than one thousand
dollars for each act or violation of this subtitle, but not
to exceed an aggregate of ten thousand dollars, unless the
person knew or reasonably should have known the person was in
violation of this subtitle, in which case the penalty shall be
not more than five thousand dollars for each act or violation,
but not to exceed an aggregate penalty of fifty thousand
dollars in any one six-month period. If the commissioner finds
that a violation of this subtitle was directed, encouraged,
condoned, ignored, or ratified by the employer of the person
or by an insurer, the commissioner shall also assess a fine
penalty to the employer or insurer.
Sec. 98. Section 509.3, subsection 1, paragraph d, Code
2011, is amended to read as follows:
d. A provision that if the insurance on a person or
insurance on a person and the person’s dependents covered by
the policy ceases because of termination of employment or of
membership in the class, the person and the person’s dependents
may continue their accident or health insurance under the
group policy and may subsequently apply for a converted policy
without evidence of insurability, as provided in chapter 509B .
Sec. 99. Section 514J.108, subsection 1, paragraph c, Code
Supplement 2011, is amended to read as follows:
c. A final adverse determination that concerns an admission,
availability of care, continued stay, or health care service

Senate File 2285, p. 46
for which the covered person received emergency services, and
the covered person has not been discharged from a facility.
Sec. 100. Section 515C.2, subsection 1, Code 2011, is
amended to read as follows:
1. An insurer, in order to qualify for writing mortgage
guaranty insurance, must have the same surplus to policyholders
as that required of a multiple line company by section 515.49,
subsection 8 515.8 .
Sec. 101. Section 523C.13, subsection 1, Code Supplement
2011, is amended to read as follows:
1. Payment of a civil penalty of not more than one thousand
dollars for each and every act or violation, but not to exceed
an aggregate of ten thousand dollars, unless the person knew
or reasonably should have known the person was in violation of
this section , in which case the penalty shall be not more than
five thousand dollars for each and every act or violation, but
not to exceed an aggregate penalty of fifty thousand dollars
in any one six-month period. The commissioner shall, if it
finds the violations of this section were directed, encouraged,
condoned, ignored, or ratified by the employer of such person,
assess such fine penalty to the employer and not such person.
Any civil penalties collected under this subsection shall be
deposited as provided in section 505.7 .
Sec. 102. Section 524.904, subsection 3, paragraph c, Code
Supplement 2011, is amended to read as follows:
c. Shipping documents or instruments that secure title
to or give a first lien on livestock. At inception, the
current value of the livestock securing the loans must equal
at least one hundred percent of the amount of the outstanding
loans and extensions of credit. For purposes of this section ,
“livestock” includes dairy and beef cattle, hogs, sheep, and
poultry, whether or not held for resale. For livestock held
for resale, current value means the price listed for livestock
in a regularly published listing or actual purchase price
established by invoice. For livestock not held for resale,
the value shall be determined by the local slaughter price.
The state bank must maintain in its files evidence of purchase
or an inspection and valuation for the livestock pledged that
is reasonably current, taking into account the nature and
frequency of turnover of the livestock to which the documents
relate.
Sec. 103. Section 524.904, subsection 5, paragraph c, Code
Supplement 2011, is amended to read as follows:

Senate File 2285, p. 47
c. To demonstrate compliance with this subsection , a state
bank shall maintain in its files, at a minimum, all of the
following:
(1) Documentation demonstrating the current ownership of
the borrowing entity.
(2) Documentation identifying the persons who have voting
rights in the borrowing entity.
(3) Documentation identifying the board of directors and
senior management of the borrowing entity.
(4) The state bank’s assessment of the borrowing entity’s
means of servicing the loan or extension of credit, including
specific reasons in support of that assessment. The assessment
shall include an analysis of the borrowing entity’s financial
history, its present and projected economic and financial
performance, and the significance of any financial support
provided to the borrowing entity by members of the borrowing
group and third parties.
Sec. 104. Section 524.904, subsection 7, paragraph m, Code
Supplement 2011, is amended to read as follows:
m. A renewal or restructuring of a loan as a new loan or
extension of credit following the exercise by a state bank of
reasonable efforts, consistent with safe and sound banking
practices, to bring the loan into conformance with the lending
limit, unless new funds are advanced by the state bank to
the borrower or unless a new borrower replaces the original
borrower or unless the superintendent determines that the
renewal or restructuring was undertaken as a means to evade the
state bank’s lending limit.
Sec. 105. Section 568.16, Code Supplement 2011, is amended
to read as follows:
568.16 Purchase money refunded.
If the grantee of the state, or the grantee’s successors,
administrators, or assigns, shall be deprived of the land
conveyed by the state under this chapter by the final decree
of a court of record for the reason that the conveyance by
the state did not pass title to the land described, because
title to the land had previously for any reason been vested
in others, then the money paid by to the state for the land
shall be refunded by the state to the person or persons
entitled to the refund, provided the grantee, or the grantee’s
successors, administrators, or assigns, shall file a certified
copy of the transcript of the final decree with the executive
council within one year from the date of the issuance of

Senate File 2285, p. 48
such decree, and shall also file satisfactory proof with the
executive council that the action over the title to the land
was commenced within ten years from the date of the issuance of
patent or deed by the state. The amount of money to be refunded
under the provisions of this section shall be authorized
and paid by the executive council as an expense from the
appropriations addressed in section 7D.29.
Sec. 106. Section 602.9202, subsection 4, Code 2011, 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 two-year one-year term upon attaining
seventy-eight years of age pursuant to section 602.9203 , eighty
years of age.
Sec. 107. Section 631.17, subsection 4, Code Supplement
2011, is amended to read as follows:
4. The district court shall dismiss any case subsequently
brought directly or indirectly by a person subject to a bar
pursuant to subsection 1 in violation of that subsection and
shall assess all costs to that person, and the court shall
assess a further civil fine penalty of one hundred dollars
against that person for each such case dismissed.
Sec. 108. Section 633.3, subsection 8, Code Supplement
2011, is amended to read as follows:
8. Costs of administration —— includes court costs,
fiduciary’s fees, attorney fees, all appraisers’ fees, premiums
on corporate surety bonds, statutory allowance for support
of surviving spouse and children, cost of continuation of
abstracts of title, recording fees, transfer fees, transfer
taxes, agents’ fees allowed by order of court, interest
expense, including, but not limited to, interest payable on
extension of federal and state estate tax, and all other fees
and expenses allowed by order of court in connection with
the administration of the estate. Court costs shall include
expenses of selling property.
Sec. 109. Section 633A.3106, subsection 2, Code Supplement
2011, is amended to read as follows:
2. For the purposes of this section , a child born after the
death of the settlor who would have been entitled to a share
of the settlor’s probate estate pursuant to section 633.267
shall be treated as a child of the settlor for purposes of this
section .
Sec. 110. Section 655A.3, subsection 1, paragraph b, Code

Senate File 2285, p. 49
2011, is amended to read as follows:
b. The notice shall contain the following in capital letters
of the same type or print size as the rest of the notice:
WITHIN THIRTY DAYS AFTER YOUR RECEIPT OF THIS NOTICE, YOU
MUST EITHER CURE THE DEFAULTS DESCRIBED IN THIS NOTICE OR FILE
WITH THE RECORDER OF THE COUNTY WHERE THE MORTGAGED PROPERTY
IS LOCATED A REJECTION OF THIS NOTICE AND SERVE A COPY OF YOUR
REJECTION ON THE MORTGAGEE IN THE MANNER PROVIDED BY THE RULES
OF CIVIL PROCEDURE FOR SERVICE OF ORIGINAL NOTICES IN SECTION
655A.4 . IF YOU WISH TO REJECT THIS NOTICE, YOU SHOULD CONSULT
AN ATTORNEY AS TO THE PROPER MANNER TO MAKE THE REJECTION.
IF YOU DO NOT TAKE EITHER OF THE ACTIONS DESCRIBED ABOVE
WITHIN THE THIRTY-DAY PERIOD, THE FORECLOSURE WILL BE COMPLETE
AND YOU WILL LOSE TITLE TO THE MORTGAGED PROPERTY. AFTER THE
FORECLOSURE IS COMPLETE THE DEBT SECURED BY THE MORTGAGED
PROPERTY WILL BE EXTINGUISHED.
Sec. 111. Section 692A.118, subsections 11 and 12, Code
Supplement 2011, are amended to read as follows:
11. When the department has a reasonable basis to believe
that a sex offender has changed residence to an unknown
location, has become a fugitive from justice, or has otherwise
taken flight, the department shall make a reasonable effort to
ascertain the whereabouts of the offender, and if such effort
fails to identify the location of the offender, an appropriate
notice shall be made on the sex offender registry internet
site of this state and shall be transmitted to the national
sex offender registry. The department shall notify other law
enforcement agencies as deemed appropriate.
12. The department shall notify Notify appropriate law
enforcement agencies including the United States marshal
service to investigate and verify possible violations. The
department shall ensure any warrants for arrest are entered
into the Iowa online warrant and articles system and the
national crime information center and pursue prosecution of
stated violations through state or federal court.
Sec. 112. Section 714.27, subsection 2, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. The identity of Identifying information for the person
from whom the salvaged material was received or purchased,
including name and address; date of birth; Iowa driver’s
license number, Iowa nonoperator’s identification card
number, or social security number in conjunction with photo
identification; sex, age, height, and race.

Senate File 2285, p. 50
Sec. 113. Section 717F.1, subsection 5, paragraph a,
subparagraph (9), Code Supplement 2011, is amended by striking
the subparagraph.
Sec. 114. Section 717F.1, subsection 5, paragraph a,
subparagraph (10), subparagraph division (d), Code Supplement
2011, is amended to read as follows:
(d) A member of the family elapidae, voperidae viperidae ,
crotalidae, atractaspidae, or hydrophidae which are venomous,
including but not limited to cobras, mambas, coral snakes,
kraits, adders, vipers, rattlesnakes, copperheads, pit vipers,
keelbacks, cottonmouths, and sea snakes.
Sec. 115. Section 717F.8, subsection 2, paragraph j, Code
2011, is amended to read as follows:
j. Fifty dollars for a member of the family elapidae,
voperidae viperidae , crotalidae, atractaspidae, or hydrophidae
which are venomous, including but not limited to cobras,
mambas, coral snakes, kraits, adders, vipers, rattlesnakes,
copperheads, pit vipers, keelbacks, cottonmouths, and sea
snakes.
Sec. 116. Section 805.8A, subsection 13, paragraph f, Code
Supplement 2011, is amended to read as follows:
f. For violations of section 327B.1, subsection 1 or 2 3 ,
the scheduled fine is two hundred fifty dollars.
Sec. 117. Section 811.1, subsection 1, Code Supplement
2011, is amended to read as follows:
1. A defendant awaiting judgment of conviction and
sentencing following either a plea or verdict of guilty of
a class “A” felony , ; forcible felony as defined in section
702.11 , ; any class “B” felony included in section 462A.14 or
707.6A ; any felony included in section 124.401, subsection
1 , paragraph “a” or “b” ; or a second or subsequent offense
under section 124.401, subsection 1 , paragraph “c” ; any felony
punishable under section 902.9, subsection 1 ; any public
offense committed while detained pursuant to section 229A.5 ;
or any public offense committed while subject to an order of
commitment pursuant to chapter 229A .
Sec. 118. Section 907.5, Code Supplement 2011, is amended
to read as follows:
907.5 Standards for release on probation —— written reasons.
1. Before deferring judgment, deferring sentence, or
suspending sentence, the court first shall determine which
option, if available, will provide maximum opportunity for
the rehabilitation of the defendant and protection of the

Senate File 2285, p. 51
community from further offenses by the defendant and others.
In making this determination, the court shall consider all of
the following:
a. The age of the defendant ; the .
b. The defendant’s prior record of convictions and prior
record of deferments of judgment if any ; the .
c. The defendant’s employment circumstances ; the .
d. The defendant’s family circumstances ; the .
e. The defendant’s mental health and substance abuse history
and treatment options available in the community and the
correctional system ; the .
f. The nature of the offense committed ; and such .
g. Such other factors as are appropriate.
2. The court shall file a specific written statement of
its reasons for and the facts supporting its decision to defer
judgment, to defer sentence, or to suspend sentence, and its
decision on the length of probation.
Sec. 119. REPEAL. Section 15.103, Code Supplement 2011, is
repealed.
Sec. 120. REPEAL. Section 135.160, Code 2011, is repealed.
Sec. 121. 2011 Iowa Acts, chapter 113, section 45, is
amended by striking the section and inserting in lieu thereof
the following:
SEC. 45. Section 159.20, subsection 1, paragraph j, Code
2011, is amended to read as follows:
j. Provide for the promotion and expansion of renewable
fuels and coproducts, by doing all of the following:
j. (1) Assist the office of renewable fuels and coproducts
in administering the provisions of chapter 159A , subchapter II .
(2) Assist the renewable fuel infrastructure board, provide
for the administration of the renewable fuel infrastructure
programs, and provide for the management of the renewable fuel
infrastructure fund, as provided in chapter 159A, subchapter
III .
Sec. 122. 2011 Iowa Acts, chapter 131, section 134, is
amended to read as follows:
SEC. 134. 2011 Iowa Acts, Senate File 510, section 28 27 , if
enacted, is amended to read as follows:
SEC. 28. SEC. 27. EFFECTIVE DATE. The following provision
of this division of this Act takes effect thirty days after
enactment , notwithstanding section 3.7 of this Act or thirty
days after the enactment of 2011 Iowa Acts, Senate File 533 ,
if enacted, whichever is later :

Senate File 2285, p. 52
The section of this division of this Act amending enacting
section 124.204, subsection 4, paragraph “ai”, subparagraphs
(1) through (4) .
Sec. 123. 2011 Iowa Acts, chapter 131, section 135, is
amended to read as follows:
SEC. 135. 2011 Iowa Acts, Senate File 510, section 29 28 , if
enacted, is amended to read as follows:
SEC. 29. SEC. 28. EFFECTIVE UPON ENACTMENT. The following
provision of this division of this Act, being deemed of
immediate importance, and notwithstanding section 3.7 takes
effect upon enactment of this Act or upon enactment of 2011
Iowa Acts, Senate File 533 , if enacted, whichever is later :
The section of this Act amending enacting section 124.204,
subsection 4, paragraph “ai”, subparagraph (5) .
DIVISION II
INTERNAL REFERENCES
Sec. 124. Section 7E.5A, subsection 4, Code 2011, is amended
to read as follows:
4. As used in this section , “vertical infrastructure” means
the same as defined in section 8.57, subsection 6 5 , paragraph
“c” .
Sec. 125. Section 8.22A, subsection 5, paragraph b, Code
Supplement 2011, is amended to read as follows:
b. The amount of revenue for the following fiscal year from
gambling revenues and from interest earned on the cash reserve
fund and the economic emergency fund to be deposited in the
rebuild Iowa infrastructure fund under section 8.57, subsection
5 , paragraph “e” .
Sec. 126. Section 8.57A, subsection 4, Code Supplement
2011, is amended to read as follows:
4. a. There is appropriated from the rebuild Iowa
infrastructure fund for the fiscal year beginning July 1, 2013,
and for each fiscal year thereafter, the sum of forty-two
million dollars to the environment first fund, notwithstanding
section 8.57, subsection 6 5 , paragraph “c” .
b. There is appropriated from the rebuild Iowa
infrastructure fund each fiscal year for the period beginning
July 1, 2010, and ending June 30, 2012, the sum of thirty-three
million dollars to the environment first fund, notwithstanding
section 8.57, subsection 6 5 , paragraph “c” .
c. There is appropriated from the rebuild Iowa
infrastructure fund for the fiscal year beginning July 1,
2012, and ending June 30, 2013, the sum of thirty-five million

Senate File 2285, p. 53
dollars to the environment first fund, notwithstanding section
8.57, subsection 6 5 , paragraph “c” .
Sec. 127. Section 8.57C, subsection 3, paragraphs b through
d, Code Supplement 2011, are amended to read as follows:
b. There is appropriated from the rebuild Iowa
infrastructure fund for the fiscal year beginning July 1, 2008,
and ending June 30, 2009, the sum of seventeen million five
hundred thousand dollars, and for the fiscal year beginning
July 1, 2009, and ending June 30, 2010, the sum of fourteen
million five hundred twenty-five thousand dollars to the
technology reinvestment fund, notwithstanding section 8.57,
subsection 6 5 , paragraph “c” .
c. There is appropriated from the rebuild Iowa
infrastructure fund for the fiscal year beginning July 1, 2010,
and ending June 30, 2011, the sum of ten million dollars to the
technology reinvestment fund, notwithstanding section 8.57,
subsection 6 5 , paragraph “c” .
d. There is appropriated from the rebuild Iowa
infrastructure fund for the fiscal year beginning July 1,
2011, and ending June 30, 2012, the sum of fifteen million,
five hundred forty-one thousand dollars to the technology
reinvestment fund, notwithstanding section 8.57, subsection 6
5 , paragraph “c” .
Sec. 128. Section 8A.123, subsection 1, Code 2011, is
amended to read as follows:
1. Activities of the department shall be accounted
for within the general fund of the state, except that the
director may establish and maintain internal service funds in
accordance with generally accepted accounting principles, as
defined in section 8.57, subsection 5 4 , for activities of
the department which are primarily funded from billings to
governmental entities for services rendered by the department.
The establishment of an internal service fund is subject to
the approval of the director of the department of management
and the concurrence of the auditor of state. At least ninety
days prior to the establishment of an internal service fund
pursuant to this section , the director shall notify in writing
the general assembly, including the legislative council,
legislative fiscal committee, and the legislative services
agency.
Sec. 129. Section 12.87, subsection 1, paragraph b,
subparagraph (1), Code Supplement 2011, is amended to read as
follows:

Senate File 2285, p. 54
(1) On or after July 1, 2009, the treasurer of state may
issue and sell bonds in amounts which provide aggregate net
proceeds of not more than one hundred eighty-five million
dollars for capital projects which qualify as vertical
infrastructure projects as defined in section 8.57, subsection
6 5 , paragraph “c” , to the extent practicable in any fiscal year
and without limiting other qualifying capital expenditures.
Sec. 130. Section 12.89, subsection 2, paragraph b, Code
2011, is amended to read as follows:
b. The revenues required to be deposited into the fund
pursuant to section 8.57, subsection 6 5 , paragraph “e” ,
subparagraphs (1) and (2).
Sec. 131. Section 12.89A, subsection 2, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. The revenues required to be deposited in the fund
pursuant to section 8.57, subsection 6 5 , paragraph “e” ,
subparagraphs (1) and (2).
Sec. 132. Section 12E.12, subsection 1, paragraph b,
subparagraphs (1) and (2), Code 2011, are amended to read as
follows:
(1) The tax-exempt bond proceeds restricted capital funds
account. The net proceeds of tax-exempt bonds issued to
provide funds for capital projects, certain debt service, and
attorney fees related to the master settlement agreement which
the state treasurer is authorized and directed to deposit on
behalf of the state shall be deposited in the account and shall
be used to fund capital projects, certain debt service, and
the payment of attorney fees related to the master settlement
agreement. With respect to capital projects, it is the
intent of the general assembly to fund capital projects that
qualify as vertical infrastructure projects as defined in
section 8.57, subsection 6 5 , paragraph “c” , to the extent
practicable in any fiscal year and without limiting other
qualifying capital expenditures considered and approved by a
constitutional majority of each house of the general assembly
and the governor.
(2) The FY 2009 tax-exempt bond proceeds restricted
capital funds account. The net proceeds of tax-exempt bonds
issued after July 1, 2008, as a result of the securitization
of any remaining tobacco settlement payments to provide
funds for capital projects which the treasurer of state is
authorized and directed to deposit on behalf of the state
shall be deposited in the account and shall be used to fund

Senate File 2285, p. 55
capital projects. With respect to capital projects, it is
the intent of the general assembly to fund capital projects
that qualify as vertical infrastructure projects as defined
in section 8.57, subsection 6 5 , paragraph “c” , to the extent
practicable in any fiscal year and without limiting other
qualifying capital expenditures considered and approved by a
constitutional majority of each house of the general assembly
and the governor.
Sec. 133. Section 15G.110, Code Supplement 2011, is amended
to read as follows:
15G.110 Appropriation.
For the fiscal year beginning July 1, 2011, and ending June
30, 2012, there is appropriated to the economic development
authority fifteen million dollars from the rebuild Iowa
infrastructure fund for deposit in the economic development
fund, notwithstanding section 8.57, subsection 6 5 , paragraph
“c” .
Sec. 134. Section 16.193, subsection 2, Code Supplement
2011, is amended to read as follows:
2. For the period beginning July 1, 2009, and ending June
30, 2011, two hundred thousand dollars of the moneys deposited
in the rebuild Iowa infrastructure fund shall be allocated
each fiscal year to the Iowa finance authority for purposes of
administering the Iowa jobs program and Iowa jobs II program,
notwithstanding section 8.57, subsection 6 5 , paragraph “c” .
Sec. 135. Section 99G.39, subsection 3, paragraph a, Code
2011, is amended to read as follows:
a. Notwithstanding subsection 1 , if gaming revenues under
sections 99D.17 and 99F.11 are insufficient in a fiscal year to
meet the total amount of such revenues directed to be deposited
in the vision Iowa fund and the school infrastructure fund
during the fiscal year pursuant to section 8.57, subsection 6
5 , paragraph “e” , the difference shall be paid from lottery
revenues prior to deposit of the lottery revenues in the
general fund. If lottery revenues are insufficient during the
fiscal year to pay the difference, the remaining difference
shall be paid from lottery revenues in subsequent fiscal years
as such revenues become available.
Sec. 136. Section 123.53, subsection 3, Code Supplement
2011, is amended to read as follows:
3. Notwithstanding subsection 2 , if gaming revenues under
sections 99D.17 and 99F.11 are insufficient in a fiscal year to
meet the total amount of such revenues directed to be deposited

Senate File 2285, p. 56
in the revenue bonds debt service fund and the revenue bonds
federal subsidy holdback fund during the fiscal year pursuant
to section 8.57, subsection 6 5 , paragraph “e” , the difference
shall be paid from moneys deposited in the beer and liquor
control fund prior to transfer of such moneys to the general
fund pursuant to subsection 2 and prior to the transfer of such
moneys pursuant to subsections 5 and 6 . If moneys deposited in
the beer and liquor control fund are insufficient during the
fiscal year to pay the difference, the remaining difference
shall be paid from moneys deposited in the beer and liquor
control fund in subsequent fiscal years as such moneys become
available.
Sec. 137. Section 260G.6, subsection 2, Code Supplement
2011, is amended to read as follows:
2. Projects funded pursuant to this section shall be for
vertical infrastructure as defined in section 8.57, subsection
5 , paragraph “c” .
Sec. 138. Section 324A.6A, Code 2011, is amended to read as
follows:
324A.6A Public transit infrastructure grant fund.
A public transit infrastructure grant fund is established
within the department. Moneys in the fund shall be awarded to
public transit systems within the state for construction and
infrastructure projects that meet the definition of “vertical
infrastructure” in section 8.57, subsection 6 5 , paragraph “c” .
The fund shall consist of appropriations made to the fund and
transfers of interest, earnings, and moneys from other funds as
provided by law. In awarding grant assistance, the office of
public transit within the department shall, by rule, specify
certain criteria that must be included in a grant application,
which shall include but not be limited to information on the
feasibility of completion of an individual infrastructure
project. Notwithstanding section 8.33 , moneys in the public
transit infrastructure grant fund shall not revert to the fund
from which they are appropriated but shall remain available
indefinitely for expenditure under this section .
Sec. 139. Section 461A.3A, subsection 1, Code Supplement
2011, is amended to read as follows:
1. The department shall establish a restore the outdoors
program. The purpose of the program is to provide funding
for projects involving existing vertical infrastructure as
defined in section 8.57, subsection 6 5 , paragraph “c” , or
the construction of new vertical infrastructure if the new

Senate File 2285, p. 57
construction is required due to increased demand for facilities
at the park or if it is not cost-effective to repair or
renovate the existing vertical infrastructure. Projects shall
be limited to existing state parks and other public facilities
managed by the department.
Sec. 140. Section 473.19A, subsection 3, Code Supplement
2011, is amended to read as follows:
3. The building energy management fund shall be limited to
a maximum of one million dollars. Amounts in excess of this
maximum limitation shall be transferred to and deposited in
the rebuild Iowa infrastructure fund created in section 8.57,
subsection 6 5 .
DIVISION III
EFFECTIVE DATE AND APPLICABILITY PROVISIONS
Sec. 141. EFFECTIVE UPON ENACTMENT. The provisions in
division I of this Act, being deemed of immediate importance,
take effect upon enactment:
1. The section of this Act amending section 42.4, subsection
8.
2. The section of this Act amending section 15E.120.
3. The section of this Act amending 2011 Iowa Acts, chapter
113, section 45.
4. The section of this Act amending 2011 Iowa Acts, chapter
131, section 134.
5. The section of this Act amending 2011 Iowa Acts, chapter
131, section 135.
Sec. 142. EFFECTIVE DATE —— CONTINGENT REPEAL. The section
of this Act amending section 321.18, Code 2011, by striking
subsection 9, takes effect on June 30, 2012, or on the date
that chapter 322E is repealed, whichever date is the latest.
Sec. 143. RETROACTIVE APPLICABILITY. The section of this
Act amending section 42.4, subsection 8, applies retroactively
to January 1, 2011.
Sec. 144. RETROACTIVE APPLICABILITY. The following
provision or provisions of this Act apply retroactively to July
1, 2011:
1. The section of this Act amending 15E.120.
2. The section of this Act amending 2011 Iowa Acts, chapter
113, section 45.
Sec. 145. RETROACTIVE APPLICABILITY. The provision in
division I of this Act amending 2011 Iowa Acts, chapter 131,
section 134, applies retroactively to the date which is 30 days
after July 29, 2011.

Senate File 2285, p. 58
Sec. 146. RETROACTIVE APPLICABILITY. The provision in
division I of this Act amending 2011 Iowa Acts, chapter 131,
section 135, applies retroactively to July 29, 2011.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2285, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor