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:
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House File 183 - Introduced continued
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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
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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
1 17 pf/nh/8
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.
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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
PAG LIN
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