Iowa General Assembly
Daily Bills, Amendments & Study Bills
February 05, 2008
H-8011
House Amendment 8011
PAG LIN
1 1 Amend House File 2140 as follows:
1 2 #1. Page 1, by inserting after line 14 the
1 3 following:
1 4 <Sec. . Section 257.8, Code Supplement 2007, is
1 5 amended by adding the following new subsection:
1 6 NEW SUBSECTION. 1A. It is the goal of this state
1 7 that every public employer provide every employee with
1 8 a competitive living wage.>
1 9 #2. Title page, line 1, by inserting after the
1 10 word <for> the following: <the well=being of Iowans
1 11 through the provision of a competitive living wage
1 12 and>.
1 13 #3. By renumbering as necessary.
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1 17 MASCHER of Johnson
1 18 HF 2140.301 82
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H-8012
House Amendment 8012
PAG LIN
1 1 Amend Senate File 261, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, by striking lines 25 and 26 and
1 4 inserting the following: <For the purposes of this
1 5 subsection, "transfer" means the transfer or
1 6 conveyance by sale, exchange, real estate contract, or
1 7 any other method by which real estate and improvements
1 8 are purchased, if the property includes at least one
1 9 but not more than four dwelling units. However,
1 10 "transfer" does not include any of the following:
1 11 (1) A transfer made pursuant to a court order,
1 12 including but not limited to a transfer under chapter
1 13 633 or 633A, the execution of a judgment, the
1 14 foreclosure of a real estate mortgage pursuant to
1 15 chapter 654, the forfeiture of a real estate contract
1 16 under chapter 656, a transfer by a trustee in
1 17 bankruptcy, a transfer by eminent domain, or a
1 18 transfer resulting from a decree for specific
1 19 performance.
1 20 (2) A transfer to a mortgagee by a mortgagor or
1 21 successor in interest who is in default, or a transfer
1 22 by a mortgagee who has acquired real property at a
1 23 sale conducted pursuant to chapter 654, a transfer
1 24 back to a mortgagor exercising a right of first
1 25 refusal pursuant to section 654.16A, a nonjudicial
1 26 voluntary foreclosure procedure under section 654.18
1 27 or chapter 655A, or a deed in lieu of foreclosure
1 28 under section 654.19.
1 29 (3) A transfer by a fiduciary in the course of the
1 30 administration of a decedent's estate, guardianship,
1 31 conservatorship, or trust.
1 32 (4) A transfer between joint tenants or tenants in
1 33 common.
1 34 (5) A transfer made to a spouse, or to a person in
1 35 the lineal line of consanguinity of a person making
1 36 the transfer.
1 37 (6) A transfer between spouses resulting from a
1 38 decree of dissolution of marriage, a decree of legal
1 39 separation, or a property settlement agreement which
1 40 is incidental to the decree, including a decree
1 41 ordered pursuant to chapter 598.>
1 42 #2. Page 1, by inserting before line 27 the
1 43 following:
1 44 <aa. The inspection requirement of paragraph "a"
1 45 does not apply to a transfer in which the transferee
1 46 intends to demolish or raze the building. The
1 47 department shall adopt rules pertaining to such
1 48 transfers.>
1 49 #3. Page 1, line 31, by deleting the words <one
1 50 year> and inserting the following: <five years>.
House Amendment 8012 continued
2 1 #4. By renumbering as necessary.
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2 5 HUSER of Polk
2 6 SF 261.301 82
2 7 tw/nh/20135
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H-8013
House Amendment 8013
PAG LIN
1 1 Amend Senate File 261, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, by inserting before line 27 the
1 4 following:
1 5 <aa. The inspection requirement of paragraph "a"
1 6 does not apply to transfers of a single=family
1 7 residence on a parcel consisting of three acres or
1 8 more as long as none of the following conditions
1 9 exist:
1 10 (1) The parcel is located in a county requiring
1 11 inspections at the time of transfer as of July 1,
1 12 2008.
1 13 (2) The parcel is located adjacent to a lake that
1 14 is operated by the United States army corps of
1 15 engineers or by a public utility.
1 16 (3) The discharge points of the sewage disposal
1 17 system are located within ten feet of an adjoining
1 18 property.
1 19 (4) Effluent is flowing onto an adjoining property
1 20 or contaminating surface water or groundwater.
1 21 (5) The system is creating a nuisance, as
1 22 determined quantifiably by a scientific method.>
1 23 #2. By renumbering as necessary.
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1 27 ALONS of Sioux
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1 31 S. Olson of Clinton
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1 35 DE BOEF of Keokuk
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1 39 WATTS of Dallas
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1 43 SANDS of Louisa
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1 47 MERTZ of Kossuth
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House Amendment 8013 continued
2 1 DRAKE of Pottawattamie
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2 5 BAUDLER of Adair
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2 7 SF 261.704 82
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HF 2153
House File 2153 - Introduced
HOUSE FILE
BY THOMAS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the transportation of passengers in a motor
2 vehicle operated by a person with a special minor's driver's
3 license and making penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5871HH 82
6 dea/nh/5
House File 2153 - Introduced continued
PAG LIN
1 1 Section 1. Section 321.194, subsection 1, Code 2007, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. 0a. A person issued a driver's license
1 4 under this section shall not operate a motor vehicle
1 5 transporting passengers other than passengers who are members
1 6 of the licensee's immediate family or whose primary residence
1 7 is the same household as the licensee's household, unless
1 8 accompanied in accordance with section 321.180B, subsection 1.
1 9 EXPLANATION
1 10 This bill prohibits a person with a special minor's
1 11 driver's license from operating a motor vehicle carrying
1 12 passengers, unless the passengers are members of the
1 13 licensee's immediate family or residents of the same household
1 14 as the licensee. The passenger restriction does not apply if
1 15 the minor licensee is accompanied by a person issued a
1 16 driver's license valid for the vehicle operated who is the
1 17 parent or guardian of the permittee, member of the permittee's
1 18 immediate family if the family member is at least 21 years of
1 19 age, an approved driver education instructor, a prospective
1 20 driver education instructor who is enrolled in a practitioner
1 21 preparation program with a safety education program approved
1 22 by the state board of education, or a person at least 25 years
1 23 of age if written permission is granted by the parent or
1 24 guardian and who is actually occupying a seat beside the
1 25 driver.
1 26 Pursuant to current law, a special minor's driver's license
1 27 may be issued to a person between 14 and 18 years of age to
1 28 drive to and from schools of enrollment and extracurricular
1 29 activities. A violation of any of the provisions relating to
1 30 special minor's driver's licenses is punishable as a scheduled
1 31 violation, subject to a fine of $30. In addition, the
1 32 department of transportation may suspend a special minor's
1 33 driver's license upon satisfactory evidence that the licensee
1 34 has violated the restrictions of the license.
1 35 LSB 5871HH 82
House File 2153 - Introduced continued
2 1 dea/nh/5
HF 2154
House File 2154 - Introduced
HOUSE FILE
BY WISE, PETERSEN, and BERRY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to monitoring the academic progress of high
2 school students.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5879HH 82
5 ak/nh/5
House File 2154 - Introduced continued
PAG LIN
1 1 Section 1. Section 256.7, subsection 21, paragraph c, Code
1 2 Supplement 2007, is amended to read as follows:
1 3 c. A requirement that all school districts and accredited
1 4 nonpublic schools annually report to the department and the
1 5 local community the district=wide progress made in attaining
1 6 student achievement goals on the academic and other core
1 7 indicators and the district=wide progress made in attaining
1 8 locally established student learning goals. The school
1 9 districts and accredited nonpublic schools shall demonstrate
1 10 the use of multiple assessment measures in determining student
1 11 achievement levels. The school districts and accredited
1 12 nonpublic schools shall also report the number of students who
1 13 graduate, utilizing the definition of graduation rate
1 14 specified by the national governors association; the number of
1 15 students who drop out of school; the number of students
1 16 pursuing a high school equivalency diploma pursuant to chapter
1 17 259A; the number of students who were enrolled in the district
1 18 within the past five years and who received a high school
1 19 equivalency diploma; the percentage of students who receive a
1 20 high school diploma and who were not proficient in reading,
1 21 mathematics, and science in grade eleven; the number of
1 22 students in the prior year who were enrolled as high school
1 23 juniors who are within four units of meeting the district's
1 24 graduation requirements; the number of students in the prior
1 25 year who were enrolled as high school freshmen and did not
1 26 earn enough credits to become sophomores; the number of
1 27 students who are tested and the percentage of students who are
1 28 so tested annually; and the percentage of students who
1 29 graduated during the prior school year and who completed a
1 30 core curriculum. The board shall develop and adopt uniform
1 31 definitions consistent with the federal No Child Left Behind
1 32 Act of 2001, Pub. L. No. 107=110 and any federal regulations
1 33 adopted pursuant to the federal Act. The school districts and
1 34 accredited nonpublic schools may report on other locally
1 35 determined factors influencing student achievement. The
House File 2154 - Introduced continued
2 1 school districts and accredited nonpublic schools shall also
2 2 report to the local community their results by individual
2 3 attendance center.
2 4 Sec. 2. Section 279.61, subsection 2, Code Supplement
2 5 2007, is amended to read as follows:
2 6 2. a. For the school year beginning July 1, 2007, and
2 7 each succeeding school year, the board of directors of each
2 8 school district shall report annually to each student enrolled
2 9 in grades nine through twelve in the school district, and, if
2 10 the student is under the age of eighteen, to each student's
2 11 parent or guardian, the student's progress toward meeting the
2 12 goal of successfully completing the high school graduation
2 13 requirements adopted by the state board of education pursuant
2 14 to section 256.7, subsection 26.
2 15 b. If a student is not progressing toward successful and
2 16 timely fulfillment of the student's core curriculum plan, a
2 17 school counselor or other school official shall provide
2 18 advisory services for the purpose of advising the student and
2 19 the student's parent or guardian, if the student is under the
2 20 age of eighteen, of options and programs available to assist
2 21 the student in graduating on time.
2 22 Sec. 3. STATE MANDATE FUNDING SPECIFIED. In accordance
2 23 with section 25B.2, subsection 3, the state cost of requiring
2 24 compliance with any state mandate included in this Act shall
2 25 be paid by a school district from state school foundation aid
2 26 received by the school district under section 257.16. This
2 27 specification of the payment of the state cost shall be deemed
2 28 to meet all the state funding=related requirements of section
2 29 25B.2, subsection 3, and no additional state funding shall be
2 30 necessary for the full implementation of this Act by and
2 31 enforcement of this Act against all affected school districts.
2 32 EXPLANATION
2 33 This bill relates to monitoring the progress of high school
2 34 students. An addition to Code section 256.7(21)(c) requires
2 35 school districts to report to the department of education and
House File 2154 - Introduced continued
3 1 a school district's local community the number of high school
3 2 students who enrolled as freshmen who did not earn enough
3 3 credits to become sophomores.
3 4 According to the bill, if a student is not fulfilling the
3 5 requirements of the student's core curriculum plan, as set out
3 6 in Code section 279.61(1), a school guidance counselor or
3 7 other school official must provide advisory services to the
3 8 student and the student's parent or guardian that will provide
3 9 the student with information about options and programs to
3 10 assist the student in graduating on time.
3 11 The bill may include a state mandate as defined in Code
3 12 section 25B.2. The bill requires that the state cost of any
3 13 state mandate included in the bill be paid by a school
3 14 district from state school foundation aid received by the
3 15 school district under Code section 257.16. The specification
3 16 is deemed to constitute state compliance with any state
3 17 mandate funding=related requirements of Code section 25B.2.
3 18 The inclusion of this specification is intended to reinstate
3 19 the requirement of political subdivision to comply with any
3 20 state mandates included in the bill.
3 21 LSB 5879HH 82
3 22 ak/nh/5
HF 2155
House File 2155 - Introduced
HOUSE FILE
BY JACOBY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to increases in the reimbursement rates or
2 amounts for certain providers under the purview of the
3 department of human services, and providing an appropriation.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5693YH 82
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House File 2155 - Introduced continued
PAG LIN
1 1 Section 1. DEPARTMENT OF HUMAN SERVICES == PROVIDER
1 2 REIMBURSEMENTS. There is appropriated from the general fund
1 3 of the state to the department of human services for the
1 4 fiscal year beginning July 1, 2008, and ending June 30, 2009,
1 5 the following amount, or so much thereof as is necessary, to
1 6 be used for the purpose designated:
1 7 For funding of increased reimbursement to service providers
1 8 in accordance with this section:
1 9 ...... $ 19,934,259
1 10 Notwithstanding any provision to the contrary, the
1 11 appropriation made in this section shall be used in
1 12 combination with other appropriations made for the services
1 13 and providers listed in this section to provide reimbursement
1 14 for the fiscal year beginning July 1, 2008, and ending June
1 15 30, 2009, in an amount that is 3 percent over the
1 16 reimbursement rate or amount in effect on June 30, 2008, to
1 17 the following providers and for the following services
1 18 reimbursed by the department of human services:
1 19 Inpatient and outpatient hospital services including
1 20 psychiatric medical institutions for children;
1 21 disproportionate share hospitals, indirect medical education
1 22 and direct medical education; home health services; physician
1 23 services; psychiatric services; family planning services;
1 24 early and periodic screening, diagnosis, and treatment
1 25 services; dental services; optometric services; supplies;
1 26 ambulance services; practitioner services; podiatric services;
1 27 chiropractic services; clinic services; community mental
1 28 health centers; psychiatric services; home and community=based
1 29 waiver services; the Iowa plan for behavioral health; health
1 30 maintenance organizations; nursing facilities; case management
1 31 services; habilitation services; remedial services; pharmacy
1 32 dispensing fees; and other miscellaneous providers.
1 33 EXPLANATION
1 34 This bill provides that, notwithstanding any other
1 35 provisions to the contrary relating to reimbursement of
House File 2155 - Introduced continued
2 1 certain providers under the purview of the department of human
2 2 services, for the fiscal year beginning July 1, 2008, and
2 3 ending June 30, 2009, providers specified in the bill are to
2 4 receive reimbursement in an amount that is 3 percent over the
2 5 reimbursement rate or amount in effect on June 30, 2008.
2 6 The bill provides a corresponding appropriation for the
2 7 provider increases to be used in combination with other
2 8 appropriations made for the providers addressed in the bill.
2 9 LSB 5693YH 82
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HF 2156
House File 2156 - Introduced
HOUSE FILE
BY PETTENGILL, BAILEY, KELLEY,
and HORBACH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a minimum speed limit for interstate highways
2 and making a penalty applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5846YH 82
5 dea/nh/8
House File 2156 - Introduced continued
PAG LIN
1 1 Section 1. Section 321.285, subsection 6, paragraph d,
1 2 Code Supplement 2007, is amended to read as follows:
1 3 d. The minimum speed limit is fifty=five miles per hour
1 4 for all vehicular traffic on a highway with a maximum speed
1 5 limit of seventy miles per hour. A minimum speed may be
1 6 established by the department on theother highways referred
1 7 to in this subsection if warranted by engineering and traffic
1 8 investigations.
1 9 Sec. 2. Section 805.8A, subsection 5, Code 2007, is
1 10 amended by adding the following new paragraph:
1 11 NEW PARAGRAPH. f. For a violation of the minimum speed
1 12 requirement under section 321.285, subsection 6, paragraph
1 13 "d", the scheduled fine is thirty=five dollars.
1 14 EXPLANATION
1 15 This bill establishes a minimum speed limit of 55 miles per
1 16 hour for highways where the maximum speed limit is 70 miles
1 17 per hour. Currently, interstate highways are the only roads
1 18 in Iowa with a 70=mile=per=hour speed limit.
1 19 A violation of the minimum speed limit is punishable as a
1 20 scheduled violation, subject to a $35 fine.
1 21 LSB 5846YH 82
1 22 dea/nh/8
HF 2157
House File 2157 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 507)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act expanding the time period during which a complaint may be
2 filed with the Iowa civil rights commission.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5324HV 82
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House File 2157 - Introduced continued
PAG LIN
1 1 Section 1. Section 216.15, subsection 12, Code Supplement
1 2 2007, is amended to read as follows:
1 3 12. Except as provided in section 614.8, a claim under
1 4 this chapter shall not be maintained unless a complaint is
1 5 filed with the commission within onethree hundred eighty days
1 6 after the alleged discriminatory or unfair practice occurred.
1 7 EXPLANATION
1 8 This bill expands the time period during which a complaint
1 9 may be filed with the Iowa civil rights commission from 180 to
1 10 300 days after the alleged discriminatory or unfair practice
1 11 occurred.
1 12 The Iowa civil rights commission enforces state and federal
1 13 statutes that prohibit discrimination in employment, public
1 14 accommodations, housing, education, and credit by
1 15 investigating and litigating civil rights complaints.
1 16 LSB 5324HV 82
1 17 rh/rj/8
HSB 613
House Study Bill 613
HOUSE FILE
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CHAIRPERSON MASCHER)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the licensure of persons installing fire
2 protection systems, providing for the establishment of fees,
3 and providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5775HC 82
6 jr/nh/5
House Study Bill 613 continued
PAG LIN
1 1 Section 1. Section 100C.6, Code Supplement 2007, is amended
1 2 by adding the following new subsection:
1 3 NEW SUBSECTION. 3. Relieve any person engaged in fire
1 4 sprinkler installation, maintenance, repair, service, or
1 5 inspection as defined in section 100D.1 from obtaining a fire
1 6 sprinkler installer or fire sprinkler maintenance worker as
1 7 required pursuant to chapter 100D.
1 8 Sec. 2. NEW SECTION. 100D.1 DEFINITIONS.
1 9 As used in this chapter, unless the context otherwise
1 10 requires:
1 11 1. "Apprentice sprinkler fitter" means a person who, as a
1 12 principal occupation, is engaged in learning the fire
1 13 protection system industry trade under the direct supervision
1 14 of a certified fire extinguishing system contractor, a
1 15 licensed fire sprinkler installer, or a licensed fire
1 16 sprinkler maintenance worker and who is registered with the
1 17 United States department of labor, office of apprenticeship.
1 18 2. "Board" means the fire sprinkler installer and
1 19 maintenance worker advisory board created in this chapter.
1 20 3. "Fire extinguishing system contractor" means a person
1 21 or persons engaging in or representing oneself to the public
1 22 as engaging in the activity or business of layout,
1 23 installation, repair, service, alteration, addition, testing,
1 24 maintenance, or maintenance inspection of automatic fire