Iowa General Assembly

Daily Bills, Amendments & Study Bills

February 11, 2010

H-8093

House Amendment 8093

PAG LIN

1 1 Amend the amendment, H=8077, to Senate File 2088,

1 2 as amended, passed, and reprinted by the Senate, as

1 3 follows:

1 4 #1. Page 1, line 8, by striking <thirty> and

1 5 inserting <three business>

PETERSEN of Polk

SF2088.1019 (1) 83

ec/nh

H-8094

House Amendment 8094

PAG LIN

1 1 Amend the amendment, H=8045, to Senate File 2088,

1 2 as amended, passed, and reprinted by the Senate, as

1 3 follows:

1 4 #1. Page 11, after line 41 by inserting: #___.

1 5 Page 118, after line 8 by inserting:

1 6 <DIVISION ___

1 7 WIND ENERGY TAX CREDIT REPEAL

1 8 Sec. ___. Section 422.11J, Code 2009, is amended to

1 9 read as follows:

1 10 422.11J Tax credits for wind energy production and

1 11 renewable energy.

1 12 The taxes imposed under this division, less the

1 13 credits allowed under section 422.12, shall be reduced

1 14 by the tax credits credit for wind energy production

1 15 allowed under chapter 476B and for renewable energy

1 16 allowed under chapter 476C.

1 17 Sec. ___. Section 422.33, subsection 16, Code

1 18 Supplement 2009, is amended to read as follows:

1 19 16. The taxes imposed under this division shall

1 20 be reduced by the tax credits credit for wind energy

1 21 production allowed under chapter 476B and for renewable

1 22 energy allowed under chapter 476C.

1 23 Sec. ___. Section 422.60, subsection 8, Code

1 24 Supplement 2009, is amended to read as follows:

1 25 8. The taxes imposed under this division shall

1 26 be reduced by the tax credits credit for wind energy

1 27 production allowed under chapter 476B and for renewable

1 28 energy allowed under chapter 476C.

1 29 Sec. ___. Section 423.4, subsection 4, Code

1 30 Supplement 2009, is amended to read as follows:

1 31 4. A person in possession of a wind energy

1 32 production tax credit certificate pursuant to chapter

1 33 476B or a renewable energy tax credit certificate

1 34 issued pursuant to chapter 476C may apply to the

1 35 director for refund of the amount of sales or use tax

1 36 imposed and paid upon purchases made by the applicant.

1 37 a. The refunds may be obtained only in the

1 38 following manner and under the following conditions:

1 39 (1) On forms furnished by the department and filed

1 40 by January 31 after the end of the calendar year in

1 41 which the tax credit certificate is to be applied, the

1 42 applicant shall report to the department the total

1 43 amount of sales and use tax paid during the reporting

1 44 period on purchases made by the applicant.

1 45 (2) The applicant shall separately list the amounts

1 46 of sales and use tax paid during the reporting period.

1 47 (3) If required by the department, the applicant

1 48 shall prove that the person making the sales has

1 49 included the amount thereof in the computation of the

1 50 sales price of such person and that such person has

House Amendment 8094 continued

2 1 paid the tax levied by this subchapter or subchapter

2 2 III, based upon such computation of the sales price.

2 3 (4) The applicant shall provide the tax credit

2 4 certificates certificate issued pursuant to chapter

2 5 476B or 476C to the department with the forms required

2 6 by this paragraph "a".

2 7 b. If satisfied that the foregoing conditions

2 8 and requirements have been complied with, the

2 9 director shall refund the amount claimed by the

2 10 applicant for an amount not greater than the

2 11 amount of tax credits credit issued in a tax credit

2 12 certificates certificate pursuant to chapter

2 13 476B or 476C.

2 14 Sec. ___. Section 432.12E, Code 2009, is amended to

2 15 read as follows:

2 16 432.12E Tax credits for wind energy production and

2 17 renewable energy.

2 18 The taxes imposed under this chapter shall be

2 19 reduced by the tax credits for wind energy production

2 20 allowed under chapter 476B and credit for renewable

2 21 energy allowed under chapter 476C.

2 22 Sec. ___. Section 437A.6, subsection 1, paragraph

2 23 c, Code Supplement 2009, is amended to read as follows:

2 24 c. Wind energy conversion property subject to

2 25 section 427B.26 or eligible for a tax credit under

2 26 chapter 476B.

2 27 Sec. ___. Section 437A.17B, Code 2009, is amended

2 28 to read as follows:

2 29 437A.17B Reimbursement for renewable energy.

2 30 A person in possession of a wind energy tax credit

2 31 certificate issued pursuant to chapter 476B or a

2 32 renewable energy tax credit certificate issued

2 33 pursuant to chapter 476C may apply to the director

2 34 for a reimbursement of the amount of taxes imposed

2 35 and paid by the person pursuant to this chapter in

2 36 an amount not more than the person received in wind

2 37 energy tax credit certificates pursuant to chapter

2 38 476B or renewable energy tax credit certificates

2 39 pursuant to chapter 476C. To obtain the reimbursement,

2 40 the person shall attach to the return required under

2 41 section 437A.8 the wind energy tax credit certificates

2 42 issued to the person pursuant to chapter 476B, or the

2 43 renewable energy tax credit certificates issued to the

2 44 person pursuant to chapter 476C, and provide any other

2 45 information the director may require. The director

2 46 shall direct a warrant to be issued to the person for

2 47 an amount equal to the tax imposed and paid by the

2 48 person pursuant to this chapter but for not more than

2 49 the amount of the wind energy tax credit certificates

2 50 or renewable energy tax credit certificates attached to

House Amendment 8094 continued

3 1 the return.

3 2 Sec. ___. Section 476C.4, subsection 6, Code 2009,

3 3 is amended by striking the subsection.

3 4 Sec. ___. Section 524.802, subsection 14, Code

3 5 2009, is amended by striking the subsection.

3 6 Sec. ___. REPEAL. Section 476B.2, 476B.3, 476B.7,

3 7 476B.8, 476B.9, and 476B.10, Code 2009, is repealed.

3 8 Sec. ___. REPEAL. Sections 476B.1, 476B.4,

3 9 476B.5, 476B.6, and 476B.6A, Code Supplement 2009, are

3 10 repealed. >

WATTS of Dallas

SF2088.1012 (2) 83

rn/rj:nh

-1-

H-8095

House Amendment 8095

PAG LIN

1 1 Amend the amendment, H=8045, to Senate File 2088,

1 2 as amended, passed, and reprinted by the Senate, as

1 3 follows:

1 4 #1. By striking page 18, line 44, through page 19,

1 5 line 49, and inserting: #___.

1 6 By striking page 166, line 25, through page

1 7 198, line 6.>

1 8 #2. By renumbering as necessary.

WINCKLER of Scott

SF2088.1026 (3) 83

jp/nh

H-8096

House Amendment 8096

PAG LIN

1 1 Amend the amendment, H=8045, to Senate File 2088,

1 2 as amended, passed, and reprinted by the Senate, as

1 3 follows:

1 4 #1. Page 18, by striking lines 44 through 47 and

1 5 inserting: #___.

1 6 Page 167, line 23, by striking <and school

1 7 district> #___.

1 8 Page 168, line 23, after <department.>

1 9 by inserting <The state council or subunit of the

1 10 council shall also serve as the Iowa head start

1 11 program advisory board, as authorized by the federal

1 12 government. For purposes of the head start advisory

1 13 board function, the membership shall comply with

1 14 federal requirements but the majority of the members

1 15 shall be citizen members.> #___.

1 16 Page 168, by striking lines 24 through 35 and

1 17 inserting:

1 18 <2. a. The state council shall consist of fifteen

1 19 voting members with eight citizen members and seven

1 20 agency members. A citizen member shall not be an

1 21 elected official, public employee, or paid staff

1 22 member of an agency receiving funding through an

1 23 early childhood initiative stakeholder. The state

1 24 agency members shall be the director or administrator

1 25 of the following state agencies or units, or their

1 26 designees: the departments of economic development,

1 27 education, human services, public health, and workforce

1 28 development, and the head start collaboration office.

1 29 The state agency designees shall be selected on an

1 30 annual basis. The citizen members shall be appointed

1 31 by the governor, subject to confirmation by the

1 32 senate. The citizen member appointees shall include

1 33 representatives of institutions of higher education in

1 34 the state, local providers of early childhood services,

1 35 and head start program agencies. >#___.

1 36 Page 169, by striking line 23 and inserting:

1 37 <5. The state council shall select a chairperson

1 38 from the state >#___.

1 39 Page 172, after line 2 by inserting:

1 40 <___. Promote evidence=based practices and

1 41 programs, continuous improvement, and accountability.

1 42 ___. Create advisory bodies of stakeholders to

1 43 address general or specific purposes. >#___.

1 44 Page 172, line 3, by striking <Bureau> and

1 45 inserting <Early childhood Iowa administrative home ==

1 46 bureau >#___.

1 47 Page 172, by striking lines 5 through 8 and

1 48 inserting:

1 49 <The department shall serve as the administrative

1 50 home for the early childhood Iowa initiative and shall

House Amendment 8096 continued

2 1 establish a bureau of early childhood services to

2 2 perform various departmental functions relating to the

2 3 initiative. The functions, which shall be performed

2 4 by the bureau in collaboration with the state agencies

2 5 participating in the initiative, the state council, and

2 6 early childhood Iowa areas, shall include but are not

2 7 limited to all of the following: >

2 8 #2. Page 19, after line 11 by inserting: #___.

2 9 Page 178, line 16, after <five.> by inserting

2 10 <The plan shall be submitted to the state council for

2 11 recommendation to the state board regarding approval of

2 12 the plan.>

2 13 #3. Page 19, after line 27 by inserting: #___.

2 14 Page 180, line 30, after <department> by

2 15 inserting <, in collaboration with the state council,> #___.

2 16 Page 180, line 31, after <programs> by

2 17 inserting <offered by school districts. The state

2 18 council shall develop guidelines and adopt rules for

2 19 family support programs offered by early childhood Iowa

2 20 areas>

2 21 #4. Page 19, after line 36 by inserting: #___.

2 22 By striking page 185, line 35, through page

2 23 186, line 1, and inserting <areas pursuant to criteria

2 24 established by the department of human services in

2 25 accordance with state and federal law. The criteria

2 26 shall include but are not>

2 27 #5. By renumbering as necessary.

WINCKLER of Scott

WENDT of Woodbury

SF2088.965 (1) 83

jp/rj

-1-

H-8097

House Amendment 8097

PAG LIN

1 1 Amend the amendment, H=8045, to Senate File 2088,

1 2 as amended, passed, and reprinted by the Senate, as

1 3 follows:

1 4 #1. Page 11, after line 41 by inserting: #___.

1 5 Page 118, after line 8 by inserting:

1 6 <DIVISION ___

1 7 DEPARTMENT OF NATURAL

1 8 RESOURCES RULEMAKING

1 9 Sec. ___. Section 455A.4, subsection 1, unnumbered

1 10 paragraph 1, Code Supplement 2009, is amended to read

1 11 as follows:

1 12 Except as otherwise provided by law and subject to

1 13 rules adopted by the natural resource commission and

1 14 the environmental protection commission, the director

1 15 shall:

1 16 Sec. ___. Section 455A.4, subsection 1, paragraph

1 17 i, Code Supplement 2009, is amended to read as follows:

1 18 i. Adopt rules in accordance with chapter 17A

1 19 as necessary or desirable for the organization or

1 20 reorganization of the department to provide for the

1 21 administration of chapter 321G, 321I, 455B, 455C,

1 22 456A, 456B, 457A, 459, 459A, 461A, 462A, 462B, 464A,

1 23 465C, 481A, 481B, 483A, 484A, or 484B. Rulemaking

1 24 authority held by the natural resource commission or

1 25 the environmental protection commission is vested in

1 26 the director upon the effective date of this division

1 27 of this Act. Rules adopted by the natural resource

1 28 commission or the environmental protection commission

1 29 prior to the effective date of this division of this