Iowa General Assembly
Daily Bills, Amendments & Study Bills
February 25, 2008
H-8042
House Amendment 8042
PAG LIN
1 1 Amend House File 2219 as follows:
1 2 #1. Page 4, by inserting after line 10 the
1 3 following:
1 4 <Sec. . NEW SECTION. 68A.506 CONTRIBUTIONS
1 5 FROM CONVICTED FELONS == PROHIBITED.
1 6 1. A person convicted of a felony shall not make a
1 7 contribution to, or make an expenditure on behalf of,
1 8 a candidate, a committee, or a political party. A
1 9 candidate, a committee, or a political party shall not
1 10 knowingly receive funds from a contributor who is a
1 11 convicted felon.
1 12 2. If a candidate, a committee, or a political
1 13 party discovers, within one year from the time that a
1 14 contribution was listed on a report filed pursuant to
1 15 section 68A.401, that the contribution was received
1 16 from a person convicted of a felony, the candidate,
1 17 committee, or political party shall remit the
1 18 contribution to the board which shall forward the
1 19 contribution to the treasurer of state for deposit in
1 20 the general fund of the state.>
1 21 #2. By renumbering as necessary.
1 22
1 23
1 24
1 25 PAULSEN of Linn
1 26 HF 2219.702 82
1 27 jr/rj/20295
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H-8043
House Amendment 8043
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 35 the
1 4 following:
1 5 <Sec. . Section 423.3, section 93, if enacted
1 6 by 2008 Iowa Acts, House File 2233, subsection 1, is
1 7 amended to read as follows:
1 8 93. a. (1) The sales price from the sale or
1 9 rental of computers and equipment that are necessary
1 10 for the maintenance and operation of a web search
1 11 portal business or data center and property whether
1 12 directly or indirectly connected to the computers,
1 13 including but not limited to cooling systems, cooling
1 14 towers, and other temperature control infrastructure;
1 15 power infrastructure for transformation, distribution,
1 16 or management of electricity used for the maintenance
1 17 and operation of the web search portal business or
1 18 data center, including but not limited to exterior
1 19 dedicated business=owned substations, back=up power
1 20 generation systems, battery systems, and related
1 21 infrastructure; and racking systems, cabling, and
1 22 trays, which are necessary for the maintenance and
1 23 operation of the web search portal business or data
1 24 center.
1 25 (2) The sales price of back=up power generation
1 26 fuel, that is purchased by a web search portal
1 27 business or data center for use in the items listed in
1 28 subparagraph (1).
1 29 (3) The sales price of electricity purchased for
1 30 use by a web search portal business or data center.
1 31 b. For the purpose of claiming this exemption, all
1 32 of the following requirements shall be met:
1 33 (1) The purchaser or renter shall be a web search
1 34 portal business or data center.
1 35 (2) The web search portal business or data center
1 36 shall have a physical location in the state that is
1 37 used for the operations and maintenance of the web
1 38 search portal business or data center.
1 39 (3) (a) The web search portal business shall make
1 40 a minimum investment in an Iowa physical location of
1 41 two hundred million dollars within the first six years
1 42 of operation in Iowa beginning with the date the web
1 43 search portal business initiates site preparation
1 44 activities. The minimum investment includes the
1 45 initial investment, including land and subsequent
1 46 acquisition of additional adjacent land and subsequent
1 47 investment at the Iowa location.
1 48 (b) The data center shall make a minimum
1 49 investment in an Iowa physical location of one million
1 50 dollars within the first six years of operation in
House Amendment 8043 continued
2 1 Iowa beginning with the date the data center initiates
2 2 site preparation activities. The minimum investment
2 3 includes the initial investment, including land and
2 4 subsequent acquisition of additional adjacent land and
2 5 subsequent investment at the Iowa location.
2 6 (4) The web search portal business or data center
2 7 shall purchase, option, or lease Iowa land not later
2 8 than December 31, 2008, for any initial investment.
2 9 However, the December 31, 2008, date shall not affect
2 10 the future purchases of adjacent land and additional
2 11 investment in the initial or adjacent land to qualify
2 12 as part of the minimum investment for purposes of this
2 13 exemption.
2 14 c. This exemption applies from the date of the
2 15 initial investment in or the initiation of site
2 16 preparation activities for the web search portal
2 17 facility or data center as described in paragraph "b".
2 18 For purposes of claiming this exemption, the
2 19 requirements may be met by aggregating the various
2 20 Iowa investments and other requirements of the web
2 21 search portal business's affiliates or data center's
2 22 affiliates. This exemption applies to affiliates of
2 23 the web search portal business or data center.
2 24 d. Failure to meet eighty percent of the minimum
2 25 investment amount requirement specified in paragraph
2 26 "b" within the first six years of operation from the
2 27 date the web search portal business or data center
2 28 initiates site preparation activities will result in
2 29 the web search portal business or data center losing
2 30 the right to claim this web search portal business
2 31 exemption and the web search portal business or data
2 32 center shall pay all sales or use tax that would have
2 33 been due on the purchase or rental or use of the items
2 34 listed in this exemption, plus any applicable penalty
2 35 and interest imposed by statute.
2 36 e. For purposes of this subsection:
2 37 (1) "Affiliate" means an entity that directly or
2 38 indirectly controls, is controlled with or by, or is
2 39 under common control with another entity.
2 40 (2) "Control" means any of the following:
2 41 (a) In the case of a United States corporation,
2 42 the ownership, directly or indirectly, of fifty
2 43 percent or more of the voting power to elect
2 44 directors.
2 45 (b) In the case of a foreign corporation, if the
2 46 voting power to elect the directors is less than fifty
2 47 percent, the maximum amount allowed by applicable law.
2 48 (c) In the case of an entity other than a
2 49 corporation, fifty percent or more ownership interest
2 50 in the entity, or the power to direct the management
House Amendment 8043 continued
3 1 of the entity.
3 2 (3) "Data center" means a facility, or portion of
3 3 a facility, that is predominately used for the housing
3 4 and operation of computer data processing hardware and
3 5 associated equipment directly in support thereof.
3 6 (3) (4) "Web search portal business" means an
3 7 entity whose business among other businesses is to
3 8 provide a search portal to organize information; to
3 9 access, search, and navigate the internet, including
3 10 research and development to support capabilities to
3 11 organize information; or to provide internet access,
3 12 navigation, or search functionalities.
3 13 Sec. . Section 427.1, subsection 36, if enacted
3 14 by 2008 Iowa Acts, House File 2233, section 2, is
3 15 amended to read as follows:
3 16 36. WEB SEARCH AND DATA CENTER PROPERTY.
3 17 a. Property, other than land and buildings and
3 18 other improvements, that is utilized by a web search
3 19 portal business or data center as defined in and
3 20 meeting the requirements of section 423.3, subsection
3 21 93, including computers and equipment that are
3 22 necessary for the maintenance and operation of a web
3 23 search portal business or data center and other
3 24 property whether directly or indirectly connected to
3 25 the computers, including but not limited to cooling
3 26 systems, cooling towers, and other temperature control
3 27 infrastructure; power infrastructure for
3 28 transformation, distribution, or management of
3 29 electricity, including but not limited to exterior
3 30 dedicated business=owned substations, and power
3 31 distribution systems which are not subject to
3 32 assessment under chapter 437A; racking systems,
3 33 cabling, and trays; and back=up power generation
3 34 systems, battery systems, and related infrastructure
3 35 all of which are necessary for the maintenance and
3 36 operation of the web search portal business or data
3 37 center.
3 38 b. This web search portal business exemption
3 39 applies beginning with the assessment year the
3 40 investment in or construction of the facility
3 41 utilizing the materials, equipment, and systems set
3 42 forth in paragraph "a" are first assessed. For
3 43 purposes of claiming this web search portal business
3 44 exemption, the requirements may be met by aggregating
3 45 the various Iowa investments and other requirements of
3 46 the web search portal business's affiliates or data
3 47 center's affiliates as allowed under section 423.3,
3 48 subsection 93. This exemption applies to affiliates
3 49 of the web search portal business or data center.>
3 50 #2. Page 2, line 2, by striking the word <This>
House Amendment 8043 continued
4 1 and inserting the following: <Except for the sections
4 2 amending sections 423.3 and 427.1, this>.
4 3 #3. Title page, line 1, by inserting after the
4 4 words <Revenue Code> the following: <and providing
4 5 sales, use, and property tax exemptions for certain
4 6 data centers,>.
4 7 #4. By renumbering as necessary.
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4 11 RANTS of Woodbury
4 12 SF 2123.502 82
4 13 mg/rj/10311
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HF 2373
House File 2373 - Introduced
HOUSE FILE
BY REICHERT
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring a study concerning the water level of lake
2 Odessa, making an appropriation to conduct the study, and
3 providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5587HH 82
6 av/nh/5
House File 2373 - Introduced continued
PAG LIN
1 1 Section 1. LAKE ODESSA STUDY. Iowa state university shall
1 2 conduct a study of the environmental impact of maintaining the
1 3 main water level of lake Odessa in Louisa county at four and
1 4 three=fourths feet during the period from the Friday before
1 5 Memorial Day to Labor Day and shall submit its findings and
1 6 recommendations in a report to the general assembly and the
1 7 department of natural resources by January 14, 2009.
1 8 Sec. 2. APPROPRIATION. There is appropriated from the
1 9 general fund of the state to Iowa state university the amount
1 10 of two hundred fifty thousand dollars to conduct the study and
1 11 prepare the report.
1 12 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
1 13 immediate importance, takes effect upon enactment.
1 14 EXPLANATION
1 15 This bill requires Iowa state university to conduct a study
1 16 of the environmental impact of maintaining the main water
1 17 level of lake Odessa in Louisa county at four and
1 18 three=fourths feet during the period from the Friday before
1 19 Memorial Day to Labor Day and to submit a report of findings
1 20 and recommendations to the general assembly and the department
1 21 of natural resources by January 14, 2009.
1 22 The bill appropriates $250,000 to the university to conduct
1 23 the study and prepare the report. The bill takes effect upon
1 24 enactment.
1 25 LSB 5587HH 82
1 26 av/nh/5
HF 2374
House File 2374 - Introduced
HOUSE FILE
BY REICHERT, KRESSIG, FOEGE,
ZIRKELBACH, COHOON, BELL,
D. TAYLOR, FREVERT, LYKAM,
WHITEAD, BUKTA, WHITAKER,
MERTZ, GASKILL, SWAIM,
REASONER, DAVITT, PALMER,
R. OLSON, T. TAYLOR, KUHN,
BERRY, and H. MILLER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act making an appropriation to the office of drug control
2 policy for drug enforcement programs and providing effective
3 and retroactive applicability dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5843HH 82
6 ec/nh/8
House File 2374 - Introduced continued
PAG LIN
1 1 Section 1. 2007 Iowa Acts, chapter 217, section 10,
1 2 subsection 1, paragraph b, is amended to read as follows:
1 3 b. For support of multijurisdictional drug enforcement
1 4 programs:
1 5 ...... $ 1,400,000
1 6 If federal funding is received for multijurisdictional drug
1 7 enforcement programs during the fiscal year beginning July 1,
1 8 2007, and ending June 30, 2008, of the moneys appropriated in
1 9 this lettered paragraph an amount equal to the federal funding
1 10 received less $1,560,000 shall revert to the general fund of
1 11 the state at the end of the fiscal year. The programs shall
1 12 provide for at least a 25 percent local match.
1 13 Sec. 2. GOVERNOR'S OFFICE OF DRUG CONTROL POLICY. There is
1 14 appropriated from the general fund of the state to the
1 15 governor's office of drug control policy for the fiscal year
1 16 beginning July 1, 2008, and ending June 30, 2009, the
1 17 following amount, or so much thereof as is necessary, to be
1 18 used for the purpose designated:
1 19 For support of multijurisdictional drug enforcement
1 20 programs:
1 21 ...... $ 2,400,000
1 22 Sec. 3. EFFECTIVE DATE == RETROACTIVE APPLICABILITY. The
1 23 section of this Act amending 2007 Iowa Acts, chapter 217,
1 24 section 10, being deemed of immediate importance, takes effect
1 25 upon enactment and is retroactively applicable to July 1,
1 26 2007, and is applicable on and after that date.
1 27 EXPLANATION
1 28 This bill concerns appropriations to the office of drug
1 29 control policy for multijurisdictional drug enforcement
1 30 programs.
1 31 The bill amends the appropriation to this program for the
1 32 fiscal year beginning July 1, 2007, by providing that the
1 33 appropriation of $1.4 million will not be reduced if federal
1 34 funding for the program is received in excess of $1.56 million
1 35 during the fiscal year. This provision of the bill takes
House File 2374 - Introduced continued
2 1 effect upon enactment and is retroactively applicable to July
2 2 1, 2007.
2 3 The bill also appropriates $2.4 million to the office of
2 4 drug control policy for multijurisdictional drug enforcement
2 5 programs for the fiscal year beginning July 1, 2008.
2 6 LSB 5843HH 82
2 7 ec/nh/8
HF 2375
House File 2375 - Introduced
HOUSE FILE
BY T. TAYLOR
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to qualifications for and payment of unemployment
2 compensation benefits, and including effective and
3 applicability date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5306YH 82
6 ak/rj/5
House File 2375 - Introduced continued
PAG LIN
1 1 Section 1. Section 96.3, subsections 3, 4, and 5, Code
1 2 2007, are amended to read as follows:
1 3 3. PARTIAL UNEMPLOYMENT. An individual who is partially
1 4 unemployed in any week as defined in section 96.19, subsection
1 5 38, paragraph "b", and who meets the conditions of eligibility
1 6 for benefits shall be paid with respect to that week an amount
1 7 equal to the individual's weekly benefit amount less that part
1 8 of wages payable to the individual with respect to that week
1 9 in excess of one=fourthone=third of the individual's weekly
1 10 benefit amount. The benefits shall be rounded to the lower
1 11 multiple of one dollar.
1 12 4. DETERMINATION OF BENEFITS. With respect to benefit
1 13 years beginning on or after July 1, 1983, anAn eligible
1 14 individual's weekly benefit amount for a week of total
1 15 unemployment shall be an amount equal to the following
1 16 fractionsone=twenty=first of the individual's total wages in
1 17 insured work paid during that quarter of the individual's base
1 18 period in which such total wages were highest; the director
1 19 shall determine annually a maximum weekly benefit amount equal
1 20 to the following percentages, to vary with the number of
1 21 dependents,sixty=five percent of the statewide average weekly
1 22 wage paid to employees in insured work which shall be
1 23 effective the first day of the first full week in July:.
1 24 If the The weekly Subject to
1 25 number of benefit amount the following
1 26 dependents shall equal maximum
1 27 is: the following percentage of
1 28 fraction of high the statewide
1 29 quarter wages: average
1 30 weekly wage:
1 31 0 1/23 53%
1 32 1 1/22 55%
1 33 2 1/21 57%
1 34 3 1/20 60%
1 35 4 or more 1/19 65%
House File 2375 - Introduced continued
2 1 PARAGRAPH DIVIDED. The maximum weekly benefit amount, if
2 2 not a multiple of one dollar shall be rounded to the lower
2 3 multiple of one dollar. However, until such time as
2 4 sixty=five percent of the statewide average weekly wage
2 5 exceeds one hundred ninety dollars, the maximum weekly benefit
2 6 amounts shall be determined using the statewide average weekly
2 7 wage computed on the basis of wages reported for calendar year
2 8 1981. As used in this section "dependent" means dependent as
2 9 defined in section 422.12, subsection 1, paragraph "c", as if
2 10 the individual claimant was a taxpayer, except that an
2 11 individual claimant's nonworking spouse shall be deemed to be
2 12 a dependent under this section. "Nonworking spouse" means a
2 13 spouse who does not earn more than one hundred twenty dollars
2 14 in gross wages in one week.
2 15 5. a. DURATION OF BENEFITS. The maximum total amount of
2 16 benefits payable to an eligible individual during a benefit
2 17 year shall not exceed the total of the wage credits accrued to
2 18 the individual's account during the individual's base period,
2 19 or twenty=six times the individual's weekly benefit amount,
2 20 whichever is the lesser. The maximum total amount of
2 21 benefits, if not a multiple of one dollar, shall be rounded to
2 22 the lower multiple of one dollar. The director shall maintain
2 23 a separate account for each individual who earns wages in
2 24 insured work. The director shall compute wage credits for
2 25 each individual by crediting the individual's account with
2 26 one=thirdone=half of the wages for insured work paid to the
2 27 individual during the individual's base period. However, the
2 28 director shall recompute wage credits for an individual who is
2 29 laid off due to the individual's employer going out of
2 30 business at the factory, establishment, or other premises at
2 31 which the individual was last employed, by crediting the
2 32 individual's account with one=half, instead of one=third, of
2 33 the wages for insured work paid to the individual during the
2 34 individual's base period. Benefits paid to an eligible
2 35 individual shall be charged against the base period wage
House File 2375 - Introduced continued
3 1 credits in the individual's account which have not been
3 2 previously charged, in the inverse chronological order as the
3 3 wages on which the wage credits are based were paid. However
3 4 if the state "off indicator" is in effect and if the
3 5 individual is laid off due to the individual's employer going
3 6 out of business at the factory, establishment, or other
3 7 premises at which the individual was last employed or was
3 8 employed during the base period, the maximum benefits payable
3 9 shall be extended to thirty=nine times the individual's weekly
3 10 benefit amount, but not to exceed the total of the wage
3 11 credits accrued to the individual's account.
3 12 b. TRAINING EXTENSION BENEFITS. An individual who has
3 13 been separated from a declining occupation or who has been
3 14 involuntarily separated from employment as a result of a
3 15 permanent reduction of operations at the last place of