Iowa General Assembly

Daily Bills, Amendments & Study Bills

February 03, 2009

HF 181

House File 181 - Introduced

HOUSE FILE

BY REICHERT

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved

A BILL FOR

1 An Act relating to classification of certain residential property

2 for purposes of property assessment and taxation and including

3 effective date and retroactive applicability date provisions.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

5 TLSB 1907HH 83

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House File 181 - Introduced continued

PAG LIN

1 1 Section 1. Section 441.21, Code 2009, is amended by adding

1 2 the following new subsection:

1 3 NEW SUBSECTION. 11A. Beginning with valuations

1 4 established on or after January 1, 2009, as used in this

1 5 section, "residential property" shall include lands and

1 6 buildings used primarily for human habitation and containing

1 7 four or fewer separate living quarters, as well as structures

1 8 and improvements used primarily as a part of or in conjunction

1 9 with such lands and buildings. "Residential property" does

1 10 not include a hotel, motel, inn, or other building where rooms

1 11 are usually rented for less than one month, a nursing home, or

1 12 a rest home.

1 13 Sec. 2. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.

1 14 This Act, being deemed of immediate importance, takes effect

1 15 upon enactment and applies retroactively to January 1, 2009,

1 16 for assessment years beginning on or after that date.

1 17 EXPLANATION

1 18 This bill provides that, for purposes of property tax

1 19 assessment, residential property shall include lands and

1 20 buildings used primarily for human habitation and containing

1 21 four or fewer separate living quarters.

1 22 The bill takes effect upon enactment and applies

1 23 retroactively to January 1, 2009, for assessment years

1 24 beginning on or after that date.

1 25 LSB 1907HH 83

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HF 182

House File 182 - Introduced

HOUSE FILE

BY WINCKLER

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved

A BILL FOR

1 An Act relating to the allocation of funds to the all Iowa

2 opportunity foster care grant program and providing an

3 effective date.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

5 TLSB 2096HH 83

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House File 182 - Introduced continued

PAG LIN

1 1 Section 1. 2008 Iowa Acts, chapter 1181, section 2,

1 2 subsection 6, unnumbered paragraph 2, is amended to read as

1 3 follows:

1 4 From the funds appropriated pursuant to this subsection, up

1 5 to $500,000 shall$750,000 may be used for purposes of the all

1 6 Iowa opportunity foster care grant program established

1 7 pursuant to section 261.6, and at least $500,000 shall be used

1 8 for purposes of the all Iowa opportunity scholarship program

1 9 as established in section 261.87.

1 10 Sec. 2. EFFECTIVE DATE. This Act, being deemed of

1 11 immediate importance, takes effect upon enactment.

1 12 EXPLANATION

1 13 This bill increases the amount of money allocated for the

1 14 2008=2009 fiscal year for purposes of the all Iowa opportunity

1 15 foster care grant program.

1 16 The general assembly appropriated $4 million to the college

1 17 student aid commission from the state general fund for the

1 18 2008=2009 fiscal year for purposes of the all Iowa opportunity

1 19 assistance program, which includes a foster care grant program

1 20 and a scholarship program. From the moneys appropriated, the

1 21 commission is required to use up to $500,000 for the foster

1 22 care grant program. The bill increases the amount the

1 23 commission may use for the foster care grant program for

1 24 fiscal year 2008=2009 to $750,000.

1 25 The bill takes effect upon enactment.

1 26 LSB 2096HH 83

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HF 183

House File 183 - Introduced

HOUSE FILE

BY ROBERTS

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved

A BILL FOR

1 An Act relating to the teaching of chemical and biological

2 evolution in school districts and public postsecondary

3 institutions and providing an effective date.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

5 TLSB 1206YH 83

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House File 183 - Introduced continued

PAG LIN

1 1 Section 1. CITATION == LEGISLATIVE FINDINGS == INTENT.

1 2 1. This Act may be cited as the "Evolution Academic

1 3 Freedom Act".

1 4 2. The general assembly finds and declares all of the

1 5 following:

1 6 a. That current law does not expressly protect the right

1 7 of instructors to objectively present scientific information

1 8 relevant to the full range of scientific views regarding

1 9 chemical and biological evolution.

1 10 b. That in many instances instructors have experienced or

1 11 feared discipline, discrimination, or other adverse

1 12 consequences as a result of presenting the full range of

1 13 scientific views regarding chemical and biological evolution.

1 14 c. That existing law does not expressly protect students

1 15 from discrimination due to their positions or views regarding

1 16 biological or chemical evolution.

1 17 d. That the topic of biological and chemical evolution has

1 18 generated intense controversy about the rights of instructors

1 19 and students to hold differing views on those subjects.

1 20 3. It is therefore the intent of the general assembly that

1 21 this Act be construed to expressly protect the affirmative

1 22 right and freedom of every instructor at the elementary,

1 23 secondary, and postsecondary level to objectively present

1 24 scientific information relevant to the full range of

1 25 scientific views regarding biological and chemical evolution

1 26 in connection with teaching any prescribed curriculum

1 27 regarding chemical or biological evolution.

1 28 Sec. 2. NEW SECTION. 256.11C EVOLUTION ACADEMIC FREEDOM.

1 29 1. As used in this section, unless the context otherwise

1 30 requires:

1 31 a. "Scientific information" means germane, current facts,

1 32 data, and peer=reviewed research specific to the topic of

1 33 chemical and biological evolution as prescribed in the state's

1 34 core curriculum for science.

1 35 b. "Teacher" means the same as defined in section 272.1.

House File 183 - Introduced continued

2 1 2. A teacher who is employed by a school district may

2 2 objectively present scientific information relevant to the

2 3 full range of scientific views regarding biological and

2 4 chemical evolution in connection with teaching any prescribed

2 5 curriculum regarding chemical or biological evolution.

2 6 3. A teacher who is employed by a school district shall

2 7 not be disciplined, denied tenure, terminated, or otherwise

2 8 discriminated against for objectively presenting scientific

2 9 information relevant to the full range of scientific views

2 10 regarding biological or chemical evolution in connection with

2 11 teaching any prescribed curriculum regarding chemical or

2 12 biological evolution.

2 13 4. Elementary and secondary students enrolled in a school

2 14 district shall be evaluated based upon their understanding of

2 15 course materials through standard testing procedures.

2 16 However, students shall not be penalized for subscribing to a

2 17 particular position or view regarding biological or chemical

2 18 evolution.

2 19 5. The rights and privileges contained in this section

2 20 shall apply when the subject of biological or chemical

2 21 evolution is part of a school district's curriculum. This

2 22 section does not require or encourage any change in the core

2 23 curriculum adopted by the state board of education pursuant to

2 24 section 256.7, subsection 26, the core content standards

2 25 adopted pursuant to section 256.7, subsection 28, or the

2 26 accreditation standards and curriculum definitions adopted

2 27 pursuant to section 256.11.

2 28 6. This section shall not be construed to promote any

2 29 religious doctrine, promote discrimination for or against a

2 30 particular set of religious beliefs, or promote discrimination

2 31 for or against religion or nonreligion.

2 32 Sec. 3. NEW SECTION. 261G.1 EVOLUTION ACADEMIC FREEDOM.

2 33 1. As used in this section, unless the context otherwise

2 34 requires:

2 35 a. "Community college" means the same as defined in

House File 183 - Introduced continued

3 1 section 260C.2, subsection 1.

3 2 b. "Scientific information" means germane, current facts,

3 3 data, and peer=reviewed research specific to the topic of

3 4 chemical and biological evolution.

3 5 c. "State university" means an institution of higher

3 6 education under the control of the state board of regents.

3 7 2. An instructor who is employed by a community college or

3 8 state university may objectively present scientific

3 9 information relevant to the full range of scientific views

3 10 regarding biological and chemical evolution in connection with

3 11 teaching any prescribed curriculum regarding chemical or

3 12 biological evolution.

3 13 3. An instructor who is employed by a community college or

3 14 state university shall not be disciplined, denied tenure,

3 15 terminated, or otherwise discriminated against for objectively

3 16 presenting scientific information relevant to the full range

3 17 of scientific views regarding biological or chemical evolution

3 18 in connection with providing instruction for any prescribed

3 19 curriculum regarding chemical or biological evolution.

3 20 4. Students enrolled in a community college or state

3 21 university shall be evaluated based upon their understanding

3 22 of course materials through standard testing procedures.

3 23 However, students shall not be penalized for subscribing to a

3 24 particular position or view regarding biological or chemical

3 25 evolution.

3 26 5. The rights and privileges contained in this section

3 27 shall apply when the subject of biological or chemical

3 28 evolution is part of the curriculum offered by a community

3 29 college or state university. This section does not require or

3 30 encourage any change in curricula on biological or chemical

3 31 evolution adopted by the board of directors of a community

3 32 college or the state board of regents.

3 33 6. This section shall not be construed to promote any

3 34 religious doctrine, promote discrimination for or against a

3 35 particular set of religious beliefs, or promote discrimination

House File 183 - Introduced continued

4 1 for or against religion or nonreligion.

4 2 Sec. 4. EFFECTIVE DATE. This Act takes effect July 1,

4 3 2010.

4 4 EXPLANATION

4 5 This bill establishes the "Evolution Academic Freedom Act".

4 6 The bill includes the general assembly's findings and

4 7 declarations related to its intent to protect the right and

4 8 freedom of public school teachers and public postsecondary

4 9 instructors to objectively present scientific information

4 10 relevant to the full range of scientific views regarding

4 11 biological and chemical evolution in connection with teaching

4 12 any prescribed curriculum regarding chemical or biological

4 13 evolution.

4 14 The bill defines "scientific information" to mean germane

4 15 current facts, data, and peer=reviewed research specific to

4 16 the topic of chemical and biological evolution. For

4 17 elementary and secondary schools, the definition is linked to

4 18 the state's core curriculum for science.

4 19 Pursuant to the bill, the general assembly finds and

4 20 declares that current law does not expressly protect the right

4 21 of instructors to objectively present scientific information;

4 22 that instructors have experienced or feared discipline,

4 23 discrimination, or other adverse consequences as a result of

4 24 presenting the full range of scientific views regarding

4 25 chemical and biological evolution; that existing law does not

4 26 expressly protect students from discrimination due to their

4 27 positions or views regarding biological or chemical evolution;

4 28 and that the topic has generated intense controversy about the

4 29 rights of instructors and students to hold differing views.

4 30 The bill prohibits an instructor from being disciplined,

4 31 denied tenure, terminated, or otherwise discriminated against

4 32 for objectively presenting scientific information relevant to

4 33 the full range of scientific views regarding biological or

4 34 chemical evolution.

4 35 The bill requires students to be evaluated based upon their

House File 183 - Introduced continued

5 1 understanding of course materials through standard testing

5 2 procedures. Students shall not be penalized for subscribing

5 3 to a particular position or view regarding biological or

5 4 chemical evolution.

5 5 The bill takes effect July 1, 2010.

5 6 LSB 1206YH 83

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HF 184

House File 184 - Introduced

HOUSE FILE

BY KAUFMANN

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved

A BILL FOR

1 An Act requiring the reporting of child custody=related

2 information by the judicial branch.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 1672YH 83

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House File 184 - Introduced continued

PAG LIN

1 1 Section 1. JUDICIAL BRANCH WEBSITE REPORTING OF CHILD

1 2 CUSTODY=RELATED INFORMATION. The judicial branch shall

1 3 provide quarterly reports on the judicial branch internet

1 4 website concerning child custody awards during the previous

1 5 quarter. The reports shall provide information regarding the

1 6 disposition of child custody applications including the number

1 7 of awards of joint physical custody and joint physical care,

1 8 and the number of awards of joint physical custody and primary

1 9 care to the mother or father.

1 10 EXPLANATION

1 11 This bill directs the judicial branch to report quarterly

1 12 on its internet website the disposition of child custody

1 13 awards, including the number of awards of joint physical

1 14 custody and joint physical care, and the number of awards of

1 15 joint custody and primary care to a mother or father.

1 16 LSB 1672YH 83

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HF 185

House File 185 - 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 the criminal offense of interference with

2 official acts.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 2028YH 83

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House File 185 - Introduced continued

PAG LIN

1 1 Section 1. Section 719.1, subsections 1 and 2, Code 2009,

1 2 are amended to read as follows:

1 3 1. A person who knowingly resists or obstructs anyone

1 4 known by the person to be a peace officer, emergency medical

1 5 care provider under chapter 147A, or fire fighter, whether

1 6 paid or volunteer, in the performance of any act which is

1 7 within the scope of the lawful duty or authority of that

1 8 officer, emergency medical care provider under chapter 147A,

1 9 or fire fighter, whether paid or volunteer, or who knowingly

1 10 resists or obstructs the service or execution by any

1 11 authorized person of any civil or criminal process or order of

1 12 any court, commits a simple misdemeanor. In addition to any

1 13 other penalties, the punishment imposed for a violation of

1 14 this subsection shall include assessment of a fine of not less

1 15 than two hundred fifty dollars. However, if a person commits

1 16 an interference with official acts, as defined in this

1 17 subsection, and in so doing inflictswhich results in bodily

1 18 injury other than serious injury, that person commits an

1 19 aggravated misdemeanor. If a person commits an interference

1 20 with official acts, as defined in this subsection, and in so

1 21 doing inflicts or attempts to inflictwhich results in serious

1 22 injury, or displays a dangerous weapon, as defined in section

1 23 702.7, or is armed with a firearm, that person commits a class

1 24 "D" felony.

1 25 2. A person under the custody, control, or supervision of

1 26 the department of corrections who knowingly resists,

1 27 obstructs, or interferes with a correctional officer, agent,

1 28 employee, or contractor, whether paid or volunteer, in the

1 29 performance of the person's official duties, commits a serious

1 30 misdemeanor. If a person violates this subsection and in so

1 31 doing commits an assault, as defined in section 708.1, the

1 32 person commits an aggravated misdemeanor. If a person

1 33 violates this subsection and in so doing inflicts or attempts

1 34 to inflictthe violation results in bodily injury other than

1 35 serious injury to another, displays a dangerous weapon, as

House File 185 - Introduced continued

2 1 defined in section 702.7, or is armed with a firearm, the

2 2 person commits a class "D" felony. If a person violates this

2 3 subsection and uses or attempts to use a dangerous weapon, as

2 4 defined in section 702.7, or inflictsthe violation results in

2 5 serious injury to another, the person commits a class "C"

2 6 felony.

2 7 EXPLANATION

2 8 This bill relates to the criminal offense of interference

2 9 with official acts.

2 10 The bill provides that a person commits the offense of

2 11 interference with official acts if the violation results in

2 12 bodily or serious injury to a peace officer, emergency medical

2 13 care provider, correctional officer, or other member of a

2 14 protected class under Code section 719.1.

2 15 Current law provides that a person commits the offense of

2 16 interference with official acts if the person inflicts or

2 17 attempts to inflict bodily or serious injury.

2 18 Under the bill, if a person commits interference with

2 19 official acts that results in bodily injury to a member of a

2 20 protected class, the person commits an aggravated misdemeanor

2 21 if the injury is to a peace officer or emergency medical

2 22 officer, or a class "D" felony if the injury is to a

2 23 correctional officer.

2 24 If a person commits interference with official acts that

2 25 results in serious injury, the person commits a class "D"

2 26 felony if the injury is to a peace officer or emergency

2 27 medical officer, or a class "C" felony if the injury is to a

2 28 correctional officer.

2 29 LSB 2028YH 83

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HF 186

House File 186 - Introduced

HOUSE FILE

BY WINCKLER

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved

A BILL FOR

1 An Act transferring the authority to register postsecondary

2 schools from the secretary of state to the college student aid

3 commission and providing for related matters.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

5 TLSB 1860YH 83

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House File 186 - Introduced continued

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1 1 Section 1. Section 261.2, subsection 7, unnumbered

1 2 paragraph 1, Code 2009, is amended to read as follows:

1 3 Adopt rules to establish reasonable registration standards

1 4 for the approval, pursuant to section 261B.3A, of

1 5 postsecondary schools that are required to register with the

1 6 secretary of statecommission in order to operate in this

1 7 state. The registration standards established by the

1 8 commission shall ensure that all of the following conditions

1 9 are satisfied:

1 10 Sec. 2. Section 261.2, subsection 8, Code 2009, is amended

1 11 by striking the subsection.

1 12 Sec. 3. Section 261B.2, Code 2009, is amended by adding

1 13 the following new subsection:

1 14 NEW SUBSECTION. 0A. "Commission" means the college

1 15 student aid commission created pursuant to section 261.1.

1 16 Sec. 4. Section 261B.2, subsection 4, Code 2009, is

1 17 amended by striking the subsection.

1 18 Sec. 5. Section 261B.3, Code 2009, is amended to read as

1 19 follows:

1 20 261B.3 REGISTRATION.

1 21 1. AExcept as provided in section 261B.11, a school that

1 22 maintains or conducts one or more courses of instruction,

1 23 including courses of instruction by correspondence or other

1 24 distance delivery method, offered in this state or which has a

1 25 presence in this state and offers courses in other states or

1 26 foreign countries shall register with the secretary

1 27 commission. Registrations shall be renewed every four years

1 28 or upon any substantive change in program offerings, location,

1 29 or accreditation. Registration shall be made on application

1 30 forms approved and supplied by the secretarycommission and at

1 31 the time and in the manner prescribed by the secretary

1 32 commission. Upon receipt of a complete and accurate

1 33 registration application, the secretarycommission shall issue

1 34 an acknowledgment of document filed and send it to the school.

1 35 2. The secretarycommission may request additional

House File 186 - Introduced continued

2 1 information as necessary to enable the secretarycommission to

2 2 determine the accuracy and completeness of the information

2 3 contained in the registration application. If the secretary

2 4 commission believes that false, misleading, or incomplete

2 5 information has been submitted in connection with an

2 6 application for registration, the secretarycommission may

2 7 deny registration. The secretarycommission shall conduct a

2 8 hearing on the denial if a hearing is requested by a school.

2 9 The secretarycommission may withhold an acknowledgment of

2 10 document filed pending the outcome of the hearing. Upon a

2 11 finding after the hearing that information contained in the