Iowa General Assembly
Daily Bills, Amendments & Study Bills
February 27, 2008
H-8048
House Amendment 8048
PAG LIN
1 1 Amend Senate File 2123, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, by inserting after line 18 the
1 4 following:
1 5 <Sec. . Section 422.7, Code Supplement 2007, is
1 6 amended by adding the following new subsection:
1 7 NEW SUBSECTION. 53. A taxpayer is allowed to take
1 8 the increased expensing allowance under section 179 of
1 9 the Internal Revenue Code, as amended by Pub. L. No.
1 10 110=185, in computing state tax purposes.>
1 11 #2. Page 1, by inserting after line 35 the
1 12 following:
1 13 <Sec. . Section 422.35, Code Supplement 2007,
1 14 is amended by adding the following new subsection:
1 15 NEW SUBSECTION. 24. A taxpayer is allowed to take
1 16 the increased expensing allowance under section 179 of
1 17 the Internal Revenue Code, as amended by Pub. L. No.
1 18 110=185, in computing state tax purposes.>
1 19 #3. Page 2, line 2, by striking the word <This>
1 20 and inserting the following:
1 21 <1. Except as provided in subsection 2, this>.
1 22 #4. Page 2, by inserting after line 4 the
1 23 following:
1 24 <2. The sections of this Act amending sections
1 25 422.7 and 422.35, being deemed of immediate
1 26 importance, take effect upon enactment and apply
1 27 retroactively to January 1, 2008, for tax years
1 28 beginning on or after that date.>
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1 32 SHOMSHOR of Pottawattamie
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H-8049
House Amendment 8049
PAG LIN
1 1 Amend House File 2417 as follows:
1 2 #1. Page 1, by inserting before line 12 the
1 3 following:
1 4 <Sec. . VETERAN'S ELIGIBILITY. Notwithstanding
1 5 any provision of or administrative rule adopted
1 6 pursuant to chapter 35D, income tax rebates provided
1 7 pursuant to the federal Recovery Rebates and Economic
1 8 Stimulus for the American People Act of 2008, Pub. L.
1 9 No. 110=185, shall not be considered for purposes of
1 10 determining eligibility for admission to the Iowa
1 11 veterans home and shall not be considered for
1 12 determining whether a resident of the Iowa veterans
1 13 home should contribute to the resident's own support.>
1 14 #2. By renumbering as necessary.
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1 18 SMITH of Marshall
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H-8050
House Amendment 8050
PAG LIN
1 1 Amend Senate File 445, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. By striking everything after the enacting
1 4 clause and inserting the following:
1 5 <Section 1. Section 562A.12, subsection 7, Code
1 6 2007, is amended to read as follows:
1 7 7. The bad faith retention of a deposit by a
1 8 landlord, or any portion of the rental deposit, in
1 9 violation of this section shallmay subject the
1 10 landlord to punitive damages not to exceed two hundred
1 11 dollarstwo and one=half times the amount of the
1 12 rental deposit wrongfully retained in addition to
1 13 actual damages.
1 14 Sec. 2. Section 562B.13, subsection 8, Code 2007,
1 15 is amended to read as follows:
1 16 8. The bad faith retention of a deposit by a
1 17 landlord, or any portion of the rental deposit, in
1 18 violation of this section shallmay subject the
1 19 landlord to punitive damages not to exceed two hundred
1 20 dollarstwo and one=half times the amount of the
1 21 rental deposit wrongfully retained in addition to
1 22 actual damages.>
1 23 #2. Title page, line 2, by striking the word
1 24 <wrongful> and inserting the following: <the bad
1 25 faith>.
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1 29 COMMITTEE ON JUDICIARY,
1 30 SWAIM of Davis, Chairperson
1 31 SF 445.204 82
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H-8051
House Amendment 8051
PAG LIN
1 1 Amend House File 2417 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 <Section 1. Section 15.335, subsection 4,
1 5 unnumbered paragraph 2, Code Supplement 2007, is
1 6 amended to read as follows:
1 7 For purposes of this section, "Internal Revenue
1 8 Code" means the Internal Revenue Code in effect on
1 9 January 1, 2007February 14, 2008.
1 10 Sec. . Section 15A.9, subsection 8, paragraph
1 11 e, unnumbered paragraph 2, Code Supplement 2007, is
1 12 amended to read as follows:
1 13 For purposes of this subsection, "Internal Revenue
1 14 Code" means the Internal Revenue Code in effect on
1 15 January 1, 2007February 14, 2008.
1 16 Sec. . Section 422.3, subsection 5, Code
1 17 Supplement 2007, is amended to read as follows:
1 18 5. "Internal Revenue Code" means the Internal
1 19 Revenue Code of 1954, prior to the date of its
1 20 redesignation as the Internal Revenue Code of 1986 by
1 21 the Tax Reform Act of 1986, or means the Internal
1 22 Revenue Code of 1986 as amended to and including
1 23 January 1, 2007February 14, 2008.>
1 24 #2. Page 1, by striking line 12 and inserting the
1 25 following:
1 26 <Sec. . Section 422.10, subsection 3,
1 27 unnumbered paragraph 2, Code Supplement 2007, is
1 28 amended to read as follows:
1 29 For purposes of this section, "Internal Revenue
1 30 Code" means the Internal Revenue Code in effect on
1 31 January 1, 2007February 14, 2008.
1 32 Sec. . Section 422.32, subsection 7, Code
1 33 Supplement 2007, is amended to read as follows:
1 34 7. "Internal Revenue Code" means the Internal
1 35 Revenue Code of 1954, prior to the date of its
1 36 redesignation as the Internal Revenue Code of 1986 by
1 37 the Tax Reform Act of 1986, or means the Internal
1 38 Revenue Code of 1986 as amended to and including
1 39 January 1, 2007February 14, 2008.
1 40 Sec. . Section 422.33, subsection 5, paragraph
1 41 d, unnumbered paragraph 2, Code Supplement 2007, is
1 42 amended to read as follows:
1 43 For purposes of this subsection, "Internal Revenue
1 44 Code" means the Internal Revenue Code in effect on
1 45 January 1, 2007February 14, 2008.
1 46 Sec. . EFFECTIVE AND RETROACTIVE APPLICABILITY
1 47 DATES.
1 48 1. Except as provided in subsection 2, this Act,
1 49 being deemed of immediate importance, takes effect
1 50 upon enactment and applies retroactively to January 1,
House Amendment 8051 continued
2 1 2007, for tax years beginning on or after that date.
2 2 2. The section of this Act that amends section
2 3 422.9, applies>.
2 4 #3. Title page, line 1, by inserting after the
2 5 word <Act> the following: <updating references to the
2 6 Internal Revenue Code and>.
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2 10 RANTS of Woodbury
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H-8052
House Amendment 8052
PAG LIN
1 1 Amend House File 2417 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 <Section 1. Section 422.7, subsection 31, Code
1 5 Supplement 2007, is amended to read as follows:
1 6 31. a. For a person who is disabled, or is
1 7 fifty=five years of age or older, or is the surviving
1 8 spouse of an individual or a survivor having an
1 9 insurable interest in an individual who would have
1 10 qualified for the exemption under this subsection for
1 11 the tax year, subtract, to the extent included, the
1 12 total amount of a governmental or other pension or
1 13 retirement pay, including, but not limited to, defined
1 14 benefit or defined contribution plans, annuities,
1 15 individual retirement accounts, plans maintained or
1 16 contributed to by an employer, or maintained or
1 17 contributed to by a self=employed person as an
1 18 employer, and deferred compensation plans or any
1 19 earnings attributable to the deferred compensation
1 20 plans, up to a maximum of six thousand dollars for a
1 21 person, other than a husband or wife, who files a
1 22 separate state income tax return and up to a maximum
1 23 of twelve thousand dollars for a husband and wife who
1 24 file a joint state income tax return. However, a
1 25 surviving spouse who is not disabled or fifty=five
1 26 years of age or older can only exclude the amount of
1 27 pension or retirement pay received as a result of the
1 28 death of the other spouse. A husband and wife filing
1 29 separate state income tax returns or separately on a
1 30 combined state return are allowed a combined maximum
1 31 exclusion under this subsection of up to twelve
1 32 thousand dollars. The twelve thousand dollar
1 33 exclusion shall be allocated to the husband or wife in
1 34 the proportion that each spouse's respective pension
1 35 and retirement pay received bears to total combined
1 36 pension and retirement pay received.
1 37 b. (1) For tax years beginning in the 2009
1 38 calendar year, subtract, to the extent included,
1 39 twenty percent of taxable pension benefits remaining
1 40 after the subtraction in paragraph "a".
1 41 (2) For tax years beginning in the 2010 calendar
1 42 year, subtract, to the extent included, forty percent
1 43 of taxable pension benefits remaining after the
1 44 subtraction in paragraph "a".
1 45 (3) For tax years beginning in the 2011 calendar
1 46 year, subtract, to the extent included, sixty percent
1 47 of taxable pension benefits remaining after the
1 48 subtraction in paragraph "a".
1 49 (4) For tax years beginning in the 2012 calendar
1 50 year, subtract, to the extent included, eighty percent
House Amendment 8052 continued
2 1 of taxable pension benefits remaining after the
2 2 subtraction in paragraph "a".
2 3 (5) For tax years beginning on or after January 1,
2 4 2013, subtract, to the extent included, all taxable
2 5 pension benefits remaining after the subtraction in
2 6 paragraph "a".
2 7 #2. Title page, line 1, by inserting after the
2 8 word <certain> the following: <pension benefits and>.
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2 12 VAN FOSSEN of Scott
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H-8053
House Amendment 8053
PAG LIN
1 1 Amend the amendment, H=8047, to House File 2359 as
1 2 follows:
1 3 #1. Page 1, line 9, by inserting after the word
1 4 <county> the following: <, so long as the money
1 5 distributed to a county does not supplant money
1 6 appropriated by that county for the county director of
1 7 veteran affairs>.
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1 11 TYMESON of Madison
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HF 2404
House File 2404 - Introduced
HOUSE FILE
BY RASMUSSEN, S. OLSON, HEATON,
FORRISTALL, HUSEMAN, UPMEYER,
STRUYK, TJEPKES, L. MILLER,
WORTHAN, DRAKE, SODERBERG,
BOAL, PAULSEN, GRASSLEY, DEYOE,
SCHICKEL, ALONS, WATTS, ARNOLD,
DOLECHECK, VAN ENGELENHOVEN,
TYMESON, GRANZOW, RAECKER, SANDS,
RANTS, BAUDLER, ROBERTS, RAYHONS,
CHAMBERS, ANDERSON, and WIENCEK
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to certain policies of accident and sickness
2 insurance and providing an applicability date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6186YH 82
5 av/nh/8
House File 2404 - Introduced continued
PAG LIN
1 1 Section 1. Section 514A.3, subsection 2, Code 2007, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. l. A provision as follows:
1 4 CREDIT TOWARD PREEXISTING CONDITIONS WAITING PERIODS FOR
1 5 CONTINUOUS GROUP COVERAGE: A person who is accepted for
1 6 coverage under an individual policy or contract of accident
1 7 and sickness insurance shall be considered to satisfy
1 8 preexisting conditions waiting period requirements of the
1 9 policy or contract to the extent that such waiting periods
1 10 were satisfied in prior continuous creditable coverage under a
1 11 group policy or contract.
1 12 Sec. 2. APPLICABILITY. This Act applies to policies or
1 13 contracts of accident and sickness insurance delivered or
1 14 issued for delivery in this state on or after July 1, 2008.
1 15 EXPLANATION
1 16 This bill amends Code section 514A.3(2) to provide that an
1 17 individual policy or contract of accident and sickness
1 18 insurance delivered or issued for delivery in this state must
1 19 include a provision that allows a person who is accepted for
1 20 coverage to be considered to have satisfied preexisting
1 21 conditions waiting period requirements of the policy or
1 22 contract to the extent that such waiting periods were
1 23 satisfied in prior continuous creditable coverage under a
1 24 group policy or contract. The bill applies to policies or
1 25 contracts of accident and sickness insurance delivered or
1 26 issued for delivery in this state on or after July 1, 2008.
1 27 Code chapter 514A provides that, for purposes of the Code
1 28 chapter, a policy of accident and sickness insurance means the
1 29 same as a "policy of accident and health insurance" or a
1 30 "policy of accident or health insurance".
1 31 LSB 6186YH 82
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HF 2405
House File 2405 - Introduced
HOUSE FILE
BY WIENCEK, PAULSEN, WORTHAN, DE BOEF,
FORRISTALL, L. MILLER, S. OLSON,
HUSEMAN, UPMEYER, STRUYK, HEATON,
TJEPKES, DRAKE, SODERBERG, ALONS,
TYMESON, BOAL, DOLECHECK, GRANZOW,
ARNOLD, GRASSLEY, SCHICKEL, WATTS,
RASMUSSEN, RAECKER, BAUDLER, SANDS,
DEYOE, RANTS, ROBERTS, RAYHONS,
CHAMBERS, and ANDERSON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring health insurance coverage to be offered to
2 certain bona fide associations.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5916YH 82
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House File 2405 - Introduced continued
PAG LIN
1 1 Section 1. Section 513B.2, subsection 6, paragraph b, Code
1 2 Supplement 2007, is amended to read as follows:
1 3 b. A small employer carrier mayshall establish additional
1 4 groupings under each of the subparagraphs in paragraph "a" on
1 5 the basis of underwriting criteria which are expected to
1 6 produce substantial variation in the health care costs. A
1 7 small employer carrier shall offer health insurance coverage
1 8 to a bona fide association as defined in section 509.1,
1 9 subsection 8, paragraph "b", that meets criteria established
1 10 by the commissioner by rule, utilizing the rating bands
1 11 devised pursuant to the additional groupings established.
1 12 Sec. 2. RULES. The commissioner shall propose rules that
1 13 establish criteria for bona fide associations as required by
1 14 this Act within one hundred twenty days of enactment.
1 15 EXPLANATION
1 16 Code section 513B.2(6)(b) is amended to require an
1 17 insurance carrier that provides small group health care
1 18 coverage to establish additional groupings of small employers
1 19 on the basis of underwriting criteria which are expected to
1 20 produce substantial variation in health care costs, and to
1 21 require such a carrier to offer health insurance coverage to a
1 22 bona fide association as defined in Code section 509.1(8)(b)
1 23 that meets criteria established by the commissioner by rule,
1 24 utilizing the rating bands devised pursuant to the additional
1 25 groupings established. The commissioner is required to
1 26 propose such rules within 120 days of the bill's enactment.
1 27 LSB 5916YH 82
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HF 2406
House File 2406 - Introduced
HOUSE FILE
BY COMMITTEE ON TRANSPORTATION
(SUCCESSOR TO HSB 560)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to regulation of commercial motor vehicle
2 operators by the state department of transportation and
3 providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5462HV 82
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House File 2406 - Introduced continued
PAG LIN
1 1 Section 1. Section 321.1, subsection 11, Code 2007, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. f. "Employer" means any person, including
1 4 the United States, a state, the District of Columbia, or a
1 5 political subdivision of a state, who owns or leases a
1 6 commercial motor vehicle or assigns an employee to operate
1 7 such a vehicle.
1 8 Sec. 2. Section 321.1, subsection 11, paragraphs f, g, and
1 9 h, Code 2007, are amended to read as follows:
1 10 f.g. "Foreign jurisdiction" means a jurisdiction outside
1 11 the fifty United States, the District of Columbia, and Canada.
1 12 g.h. "Nonresident commercial driver's license" means a
1 13 commercial driver's license issued to a person who is not a
1 14 resident of the United States or Canada.
1 15 h.i. "Tank vehicle" means a commercial motor vehicle that
1 16 is designed to transport any liquid or gaseous materials
1 17 within a tank having a rated capacity of one thousand one or
1 18 more gallons that is either permanently or temporarily
1 19 attached to the vehicle or chassis. For purposes of this
1 20 paragraph, "tank" does not include a portable tank with a
1 21 rated capacity of less than one thousand gallons or a
1 22 permanent tank with a rated capacity of one hundred nineteen
1 23 gallons or less.
1 24 Sec. 3. Section 321.1, subsection 15, Code 2007, is
1 25 amended to read as follows:
1 26 15. "Conviction" means a final conviction, a final
1 27 administrative ruling or determination, or an unvacated
1 28 forfeiture of bail or collateral deposited to secure a
1 29 person's appearance in court.
1 30 Sec. 4. Section 321.1, subsection 42, paragraph a, Code
1 31 2007, is amended to read as follows:
1 32 a. "Motor vehicle" means a vehicle which is
1 33 self=propelled, but not including vehicles known as trackless
1 34 trolleys which are propelled by electric power obtained from
1 35 overhead trolley wires and are not operated upon rails.
House File 2406 - Introduced continued
2 1 Sec. 5. Section 321.208, subsection 1, paragraph d, Code
2 2 2007, is amended to read as follows:
2 3 d. Operating a commercial motor vehicle involved in a
2 4 fatal accident and being convicted of a moving traffic
2 5 violation that contributed to the fatality, or manslaughter or
2 6 vehicular homicide.
2 7 Sec. 6. Section 321.208, subsection 6, Code 2007, is
2 8 amended to read as follows:
2 9 6. A person is disqualified from operating a commercial
2 10 motor vehicle if the person receives convictions for
2 11 committing within any three=year period two or more of the
2 12 following offenses while operating a commercial motor vehicle
2 13 or while operating a noncommercial motor vehicle and holding a
2 14 commercial driver's license if the convictions result in the
2 15 revocation, cancellation, or suspension of the person's
2 16 commercial driver's license or noncommercial motor vehicle
2 17 driving privileges:
2 18 a. Operating a commercial motor vehicle upon a highway
2 19 when not issued a commercial driver's license.
2 20 b. Operating a commercial motor vehicle upon a highway
2 21 when not issued the proper class of commercial driver's
2 22 license or endorsements for the specific vehicle group being
2 23 operated or for the passengers or type of cargo being
2 24 transported.
2 25 c. Operating a commercial motor vehicle upon a highway
2 26 without immediate possession of a driver's license valid for
2 27 the vehicle operated.
2 28 d. Speeding fifteen miles per hour or more over the legal
2 29 speed limit.
2 30 e. Reckless driving.
2 31 f. Any violation of the traffic laws, except a parking
2 32 violation or a vehicle weight violation, which arises in
2 33 connection with a fatal traffic accident.
2 34 g. Following another motor vehicle too closely.
2 35 h. Improper lane changes in violation of section 321.306.
House File 2406 - Introduced continued
3 1 Sec. 7. Section 321.208, subsection 7, Code 2007, is
3 2 amended by striking the subsection.
3 3 Sec. 8. Section 321.208, subsection 8, Code 2007, is
3 4 amended to read as follows:
3 5 8. The period of disqualification under subsections
3 6 subsection 6 and 7 shall be sixty days for two offenses within
3 7 any three=year period and one hundred twenty days for three
3 8 offenses within any three=year period. Multiple periods of
3 9 disqualification shall be consecutive.
3 10 Sec. 9. Section 321.208, subsection 10, paragraph a, Code
3 11 2007, is amended to read as follows:
3 12 a. For ninety daysno less than one hundred eighty days
3 13 and no more than one year upon conviction for the first
3 14 violation of an out=of=service order; for one year,no less
3 15 than two and not more than five years upon conviction for a
3 16 second violation of an out=of=service order in separate
3 17 incidents within a ten=year period; and for not less than
3 18 three and not more than five years upon conviction for a third
3 19 or subsequent violation of an out=of=service order in separate
3 20 incidents within a ten=year period.
3 21 Sec. 10. Section 321.208A, Code 2007, is amended to read
3 22 as follows:
3 23 321.208A OPERATION IN VIOLATION OF OUT=OF=SERVICE ORDER ==
3 24 PENALTYPENALTIES.
3 25 1. A person required to hold a commercial driver's license
3 26 to operate a commercial motor vehicle shall not operate a
3 27 commercial motor vehicle on the highways of this state in
3 28 violation of an out=of=service order issued by a peace officer
3 29 for a violation of the out=of=service rules adopted by the
3 30 department. A driver who violates an out=of service order
3 31 shall be subject to a fine of not less than two thousand five
3 32 hundred dollars upon conviction for the first violation of an
3 33 out=of=service order and not less than five thousand dollars
3 34 for a second or subsequent violation of an out=of=service
3 35 order in separate incidents within a ten=year period.
House File 2406 - Introduced continued
4 1 2. An employer shall not knowingly allow, require, permit,
4 2 or authorize an employee to drive a commercial motor vehicle
4 3 in violation of suchan out=of=service order. A person who
4 4 violates this section shall be subject to a scheduled fine of
4 5 one hundred dollars under section 805.8A, subsection 13,
4 6 paragraph "c".An employer who violates this subsection shall
4 7 be subject to a fine of not less than two thousand seven
4 8 hundred fifty dollars and not more than twenty=five thousand
4 9 dollars.
4 10 Sec. 11. NEW SECTION. 321.343A EMPLOYER VIOLATIONS ==
4 11 PENALTY.
4 12 An employer shall not knowingly allow, require, permit, or