Iowa General Assembly

Daily Bills, Amendments & Study Bills

April 07, 2008

H-8415

House Amendment 8415

PAG LIN

1 1 Amend Senate File 2350, as passed by the Senate, as

1 2 follows:

1 3 #1. Page 4, by inserting after line 17 the

1 4 following:

1 5 <Sec. . Section 463C.12, subsection 8, Code

1 6 2007, is amended to read as follows:

1 7 8. Tax=exempt bonds issued by the authority in

1 8 connection with the program, which are exempt from

1 9 taxation for federal tax purposes, are also exempt

1 10 from taxation by the state of Iowa and the interest on

1 11 these bonds is exempt from state income taxes and

1 12 state inheritance and estate taxes.>

1 13 #2. Page 5, by inserting after line 32 the

1 14 following:

1 15 <Sec. . Section 633.3, subsection 4, Code 2007,

1 16 is amended to read as follows:

1 17 4. Charges == includes costs of administration,

1 18 funeral expenses, cost of monument, and federal and

1 19 state estate taxes.>

1 20 #3. Page 8, by inserting after line 1 the

1 21 following:

1 22 <Sec. . Section 633.436, unnumbered paragraph

1 23 1, Code 2007, is amended to read as follows:

1 24 Except as provided in sections 633.211 and 633.212,

1 25 shares of the distributees shall abate, for the

1 26 payment of debts and charges, federal and state estate

1 27 taxes, legacies, the shares of children born or

1 28 adopted after the making of a will, or the share of

1 29 the surviving spouse who elects to take against the

1 30 will, without any preference or priority as between

1 31 real and personal property, in the following order:

1 32 Sec. . Section 633.449, Code 2007, is amended

1 33 to read as follows:

1 34 633.449 PAYMENT OF FEDERAL ESTATE TAXES.

1 35 All federal and state estate taxes (as,

1 36 distinguished from state inheritance taxes)taxes,

1 37 owing by the estate of a decedent shall be paid from

1 38 the property of the estate, unless the will of the

1 39 decedent, or other trust instrument, provides

1 40 expressly to the contrary.>

1 41 #4. Page 8, by inserting after line 27 the

1 42 following:

1 43 <3. Notwithstanding subsections 1 and 2, the

1 44 interest of a beneficiary of a valid spendthrift trust

1 45 may be reached to satisfy an enforceable claim against

1 46 the beneficiary or the beneficiary's estate for either

1 47 of the following:

1 48 a. Services or supplies for necessaries provided

1 49 to or for the beneficiary.

1 50 b. Tax claims by the United States to the extent

House Amendment 8415 continued

2 1 authorized by federal law or an applicable provision

2 2 of the Code.>

2 3 #5. Page 9, line 23, by inserting before the word

2 4 <Whether> the following: <1.>

2 5 #6. Page 9, line 27, by striking the figure <1.>

2 6 and inserting the following: <a.>

2 7 #7. Page 9, line 29, by striking the figure <2.>

2 8 and inserting the following: <b.>

2 9 #8. Page 9, by inserting after line 29 the

2 10 following:

2 11 <2. This section shall not apply to a creditor of

2 12 a beneficiary or to a creditor of a deceased

2 13 beneficiary enforcing an interest in a trust, if any,

2 14 given to a beneficiary by the trust instrument.>

2 15 #9. Page 9, line 32, by inserting before the word

2 16 <If> the following: <1.>

2 17 #10. Page 10, by inserting after line 2 the

2 18 following:

2 19 <2. Notwithstanding subsection 1, court may order

2 20 payment to a creditor of a beneficiary or to a

2 21 creditor of a deceased beneficiary if the beneficiary

2 22 has or had an interest in the trust.>

2 23 #11. Page 11, by inserting after line 25 the

2 24 following:

2 25 <Sec. . Section 633A.3112, subsection 1, Code

2 26 2007, is amended to read as follows:

2 27 1. "Charges" includes costs of administration,

2 28 funeral expenses, costs of monuments, and federal and

2 29 state estate taxes.

2 30 Sec. . Section 633A.4703, unnumbered paragraph

2 31 1, Code Supplement 2007, is amended to read as

2 32 follows:

2 33 Except as otherwise provided by the governing

2 34 instrument, where necessary to abate shares of the

2 35 beneficiaries of a trust for the payment of debts and

2 36 charges, federal and state estate taxes, bequests, the

2 37 share of the surviving spouse who takes an elective

2 38 share, and the shares of children born or adopted

2 39 after the execution of the trust, abatement shall

2 40 occur in the following order:>

2 41 #12. By renumbering as necessary.

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2 45 HUSER of Polk

2 46 SF 2350.201 82

2 47 rh/rj/11473

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H-8416

House Amendment 8416

PAG LIN

1 1 Amend Senate File 2122, as passed by the Senate, as

1 2 follows:

1 3 #1. Page 15, by inserting after line 30 the

1 4 following:

1 5 <Sec. . NEW SECTION. 715A.8A IDENTITY THEFT

1 6 == FALSIFYING DOCUMENTS.

1 7 It is an aggravated misdemeanor for a person to do

1 8 any of the following:

1 9 1. Make a driver's license, a nonoperator's

1 10 identification card, a blank driver's license form, or

1 11 any other form or document used to establish a

1 12 person's identity if the person has no authority or

1 13 right to make the license, card, or form in order to

1 14 assist an unauthorized alien to obtain employment.

1 15 2. Obtain, possess, or have in the person's

1 16 control or on the person's premises, driver's license

1 17 or nonoperator's identification card forms, or any

1 18 other forms or documents used to establish a person's

1 19 identity in order to assist an unauthorized alien to

1 20 obtain employment.

1 21 3. Obtain, possess, or have in the person's

1 22 control or on the person's premises, a driver's

1 23 license or a nonoperator's identification card, or

1 24 blank driver's license or nonoperator's identification

1 25 card form, or any other form or document which could

1 26 be used to establish a person's identity, which has

1 27 been made by a person having no authority or right to

1 28 make the license, card, or form in order to assist an

1 29 unauthorized alien to obtain employment.

1 30 4. Use a false or fictitious name in any

1 31 application for a driver's license or nonoperator's

1 32 identification card or to knowingly make a false

1 33 statement or knowingly conceal a material fact or

1 34 otherwise commit fraud on an application in order to

1 35 assist an unauthorized alien to obtain employment.>

1 36 #2. Title page, lines 2 and 3, by striking the

1 37 words <a penalty> and inserting the following:

1 38 <penalties>.

1 39 #3. By renumbering as necessary.

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1 43 S. OLSON of Clinton

1 44 SF 2122.301 82

1 45 sc/nh/11093

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H-8417

House Amendment 8417

PAG LIN

1 1 Amend Senate File 2122, as passed by the Senate, as

1 2 follows:

1 3 #1. Page 15, by inserting after line 30 the

1 4 following:

1 5 <Sec. . NEW SECTION. 715A.8A IDENTITY THEFT

1 6 == AIDING AND ABETTING.

1 7 A person who knowingly assists an unauthorized

1 8 alien obtain false identification in order to obtain

1 9 employment commits the offense of identity theft under

1 10 section 715A.8 by aiding and abetting the commission

1 11 of the offense as provided in section 703.1.>

1 12 #2. Title page, lines 2 and 3, by striking the

1 13 words <a penalty> and inserting the following:

1 14 <penalties>.

1 15 #3. By renumbering as necessary.

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1 19 ALONS of Sioux

1 20 SF 2122.502 82

1 21 sc/nh/11094

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H-8418

House Amendment 8418

PAG LIN

1 1 Amend the Senate amendment, H=8414, to House File

1 2 2651, as amended, passed, and reprinted by the House,

1 3 as follows:

1 4 #1. Page 1, by inserting after line 40 the

1 5 following:

1 6 <# . Page 3, by inserting after line 10 the

1 7 following:

1 8 <Sec. . Section 321.177, Code 2007, is amended

1 9 by adding the following new subsection:

1 10 NEW SUBSECTION. 10. To any person who is an

1 11 unauthorized alien. For the purpose of this section,

1 12 an "unauthorized alien" means a person who is not a

1 13 citizen or legal resident and who has not been

1 14 lawfully admitted to the United States pursuant to

1 15 federal law.

1 16 Sec. . Section 321.190, subsection 1, Code

1 17 2007, is amended by adding the following new

1 18 paragraph:

1 19 NEW PARAGRAPH. e. The department shall not issue

1 20 a card to a person who is an unauthorized alien as

1 21 defined in section 321.177.>

1 22 #2. Page 2, by inserting after line 22 the

1 23 following:

1 24 <# . Title page, line 8, by inserting after the

1 25 word <fees,> the following: <qualifications for

1 26 issuance of a driver's license or nonoperator's

1 27 identification card,>.>

1 28 #3. By renumbering as necessary.

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1 32 PAULSEN of Linn

1 33 HF 2651.716 82

1 34 dea/nh/12249

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H-8419

House Amendment 8419

PAG LIN

1 1 Amend the Senate amendment, H=8414, to House File

1 2 2651, as amended, passed, and reprinted by the House,

1 3 as follows:

1 4 #1. Page 2, by inserting after line 18 the

1 5 following:

1 6 <# . Page 17, by inserting after line 33 the

1 7 following:

1 8 <Sec. . NEW SECTION. 715A.8A IDENTITY THEFT

1 9 == FALSIFYING DOCUMENTS.

1 10 It is an aggravated misdemeanor for a person to do

1 11 any of the following:

1 12 1. Make a driver's license, a nonoperator's

1 13 identification card, a blank driver's license form, or

1 14 any other form or document used to establish a

1 15 person's identity if the person has no authority or

1 16 right to make the license, card, or form in order to

1 17 assist an unauthorized alien to obtain employment.

1 18 2. Obtain, possess, or have in the person's

1 19 control or on the person's premises, driver's license

1 20 or nonoperator's identification card forms, or any

1 21 other forms or documents used to establish a person's

1 22 identity in order to assist an unauthorized alien to

1 23 obtain employment.

1 24 3. Obtain, possess, or have in the person's

1 25 control or on the person's premises, a driver's

1 26 license or a nonoperator's identification card, or

1 27 blank driver's license or nonoperator's identification

1 28 card form, or any other form or document which could

1 29 be used to establish a person's identity, which has

1 30 been made by a person having no authority or right to

1 31 make the license, card, or form in order to assist an

1 32 unauthorized alien to obtain employment.

1 33 4. Use a false or fictitious name in any

1 34 application for a driver's license or nonoperator's

1 35 identification card or to knowingly make a false

1 36 statement or knowingly conceal a material fact or

1 37 otherwise commit fraud on an application in order to

1 38 assist an unauthorized alien to obtain employment.>

1 39 #2. Page 2, by inserting after line 25 the

1 40 following:

1 41 <# . Title page, line 17, by inserting after the

1 42 word <districts,> the following: <identity theft and

1 43 other crimes involving the use of a driver's license

1 44 or nonoperator's identification card,>.

1 45 # . Title page, line 19, by inserting after the

1 46 word <providing> the following: <penalties and>.>

1 47 #3. By renumbering as necessary.

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House Amendment 8419 continued

2 1 S. OLSON of Clinton

2 2 HF 2651.512 82

2 3 dea/nh/12250

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H-8420

House Amendment 8420

PAG LIN

1 1 Amend the Senate amendment, H=8414, to House File

1 2 2651, as amended, passed, and reprinted by the House,

1 3 as follows:

1 4 #1. Page 2, by inserting after line 18 the

1 5 following:

1 6 <# . Page 17, by inserting after line 33 the

1 7 following:

1 8 <Sec. . NEW SECTION. 715A.8A IDENTITY THEFT

1 9 == AIDING AND ABETTING.

1 10 A person who knowingly assists an unauthorized

1 11 alien obtain false identification in order to obtain

1 12 employment commits the offense of identity theft under

1 13 section 715A.8 by aiding and abetting the commission

1 14 of the offense as provided in section 703.1.>

1 15 #2. Page 2, by inserting after line 25 the

1 16 following:

1 17 <# . Title page, line 17, by inserting after the

1 18 word <districts,> the following: <establishing the

1 19 offense of identity theft committed by aiding and

1 20 abetting the offense,>.

1 21 # . Title page, line 18, by inserting after the

1 22 word <bonds,> the following: <making penalties

1 23 applicable,>.>

1 24 #3. By renumbering as necessary.

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1 28 ALONS of Sioux

1 29 HF 2651.209 82

1 30 dea/nh/12274

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H-8421

House Amendment 8421

PAG LIN

1 1 Amend the amendment, H=8381, to House File 2660 as

1 2 follows:

1 3 #1. Page 1, lines 7 and 8, by striking the words

1 4 <the therapeutic treatment community program> and

1 5 inserting the following: <continuation of a treatment

1 6 program that prepares offenders for on=going

1 7 therapeutic treatment programs offered by the

1 8 department>.

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1 12 ZIRKELBACH of Jones

1 13 HF 2660.302 82

1 14 jm/jp/21120

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H-8422

House Amendment 8422

PAG LIN

1 1 Amend House File 2647 as follows:

1 2 #1. Page 4, line 11, by striking the figure

1 3 <1,174,663> and inserting the following: <2,500,000>.

1 4 #2. Page 4, line 20, by striking the figure

1 5 <3,000,000> and inserting the following: <1,674,663>.

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1 9 T. TAYLOR of Linn

1 10 HF 2647.301 82

1 11 jm/jp/21125

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H-8423

House Amendment 8423

PAG LIN

1 1 Amend Senate File 2400, as amended, passed, and

1 2 reprinted by the Senate, as follows:

1 3 #1. Page 6, line 18, by inserting after the word

1 4 <development> the following: <, or, if 2008 Iowa

1 5 Acts, Senate File 2136, is enacted, from the housing

1 6 trust fund of the Iowa finance authority,>.

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1 10 HUNTER of Polk

1 11 SF 2400.203 82

1 12 ec/mg/21123

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H-8424

House Amendment 8424

PAG LIN

1 1 Amend Senate File 2400, as amended, passed, and

1 2 reprinted by the Senate, as follows:

1 3 #1. Page 17, by inserting after line 14 the

1 4 following:

1 5 <Sec. . Section 68A.402, subsection 1, Code

1 6 Supplement 2007, is amended to read as follows:

1 7 1. FILING METHODS. Each committee shall file with

1 8 the board reports disclosing information required

1 9 under this section on forms prescribed by rule.

1 10 Reports shall be filed on or before the required due

1 11 dates by using any of the following methods: mail

1 12 bearing a United States postal service postmark,

1 13 hand=delivery, facsimile transmission, electronic mail

1 14 attachment, or electronic filing as prescribed by

1 15 rule. Any report that is required to be filed five

1 16 days or less prior to an election must be physically

1 17 received by the board to be considered timely filed.

1 18 For purposes of this section, "physically received"

1 19 means the report is either electronically filed using

1 20 the board's electronic filing system or is received by

1 21 the board prior to 4:30 p.m. on the report due date.>

1 22 #2. Page 18, by inserting after line 29 the

1 23 following:

1 24 <3. The section of this Act amending section

1 25 68A.402, being deemed of immediate importance, takes

1 26 effect upon enactment.>

1 27 #3. By renumbering as necessary.

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1 31 HUNTER of Polk

1 32 SF 2400.503 82

1 33 ec/mg/21113

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H-8425

House Amendment 8425

PAG LIN

1 1 Amend Senate File 2193, as passed by the Senate, as

1 2 follows:

1 3 #1. Page 1, by inserting before line 1 the

1 4 following:

1 5 <Section 1. Section 7J.1, subsection 2, paragraph

1 6 c, Code 2007, is amended to read as follows:

1 7 c. Notwithstanding any provision of law to the

1 8 contrary, the governor may set the salary of a

1 9 director of a charter agency under the pay plan for

1 10 exempt positions in the executive branch of

1 11 government. In additionHowever, the governor may

1 12 shall not authorize the payment of a bonus to a

1 13 director of a charter agency in an amount not in

1 14 excess of fifty percent of the director's annual rate

1 15 of pay, based upon the governor's evaluation of the

1 16 director's performance in relation to the goals set

1 17 forth in the annual performance agreement.

1 18 Sec. . Section 7J.1, subsection 2, paragraph d,

1 19 Code 2007, is amended by striking the paragraph.

1 20 Sec. . Section 8F.3, subsection 1, Code

1 21 Supplement 2007, is amended by adding the following

1 22 new paragraph:

1 23 NEW PARAGRAPH. e. Information that the recipient

1 24 entity's policies prohibit the use of any of the

1 25 moneys received pursuant to a service contract to

1 26 provide bonuses to officers or employees of the

1 27 recipient entity.>

1 28 #2. Page 2, by inserting after line 8 the

1 29 following:

1 30 <Sec. . NEW SECTION. 68B.24A BONUSES ==

1 31 BANNED.

1 32 Unless otherwise authorized by law or required

1 33 pursuant to a collective bargaining agreement, an

1 34 appointed state officer or a state employee shall not

1 35 receive, in addition to a salary, any remuneration in

1 36 the form of a bonus, including but not limited to a

1 37 retention bonus, recruitment bonus, exceptional job

1 38 performance pay, extraordinary duty pay, or

1 39 extraordinary or special duty pay, for or during the

1 40 time period beginning on or after the effective date

1 41 of this Act.

1 42 Sec. . Section 68B.25, Code 2007, is amended to

1 43 read as follows:

1 44 68B.25 ADDITIONAL PENALTY.

1 45 In addition to any penalty contained in any other

1 46 provision of law, a person who knowingly and

1 47 intentionally violates a provision of sections 68B.2A

1 48 through 68B.7, sections 68B.22 through 68B.2468B.24A,

1 49 or sections 68B.35 through 68B.38 is guilty of a

1 50 serious misdemeanor and may be reprimanded, suspended,

House Amendment 8425 continued

2 1 or dismissed from the person's position or otherwise

2 2 sanctioned.

2 3 Sec. . Section 70A.1, subsection 1, Code 2007,

2 4 is amended to read as follows:

2 5 1. Salaries specifically provided for in an

2 6 appropriation Act of the general assembly shall be in

2 7 lieu of existing statutory salaries, for the positions

2 8 provided for in the Act, and all salaries, including

2 9 longevity where applicable by express provision in the

2 10 Code, shall be paid according to the provisions of

2 11 chapter 91A and shall be in full compensation of all

2 12 services, including any service on committees, boards,

2 13 commissions or similar duty for Iowa government,

2 14 except for members of the general assembly. A state

2 15 employee on an annual salary shall not be paid for a

2 16 pay period an amount which exceeds the employee's

2 17 annual salary transposed into a rate applicable to the

2 18 pay period by dividing the annual salary by the number

2 19 of pay periods in the fiscal year. Salaries for state

2 20 employees covered by the overtime payment provisions

2 21 of the federal Fair Labor Standards Act shall be

2 22 established on an hourly basis. In addition, unless

2 23 otherwise authorized by law or required pursuant to a

2 24 collective bargaining agreement, a state employee

2 25 shall not, in addition to a salary, receive any

2 26 remuneration in the form of a bonus, including but not

2 27 limited to a retention bonus, recruitment bonus,

2 28 exceptional job performance pay, extraordinary duty

2 29 pay, or extraordinary or special duty pay, for or

2 30 during the time period beginning on or after the

2 31 effective date of this Act.

2 32 Sec. . APPOINTED STATE OFFICERS. The governor

2 33 shall establish a salary for appointed nonelected

2 34 persons in the executive branch of state government

2 35 holding a position authorized by a law that addresses

2 36 the salary ranges of state officers within the range

2 37 provided, by considering, among other items, the

2 38 experience of the individual in the position, changes

2 39 in the duties of the position, the incumbent's

2 40 performance of assigned duties, and subordinates'

2 41 salaries. However, the attorney general shall

2 42 establish the salary for the consumer advocate, the

2 43 chief justice of the supreme court shall establish the

2 44 salary for the state court administrator, the ethics

2 45 and campaign disclosure board shall establish the

2 46 salary of the executive director, the Iowa public

2 47 broadcasting board shall establish the salary of the

2 48 administrator of the public broadcasting division of

2 49 the department of education, and the state fair board

2 50 shall establish the salary of the secretary of the

House Amendment 8425 continued

3 1 state fair board, each within the salary range

3 2 authorized by a law that addresses the salary ranges

3 3 of state officers.

3 4 The governor, in establishing salaries as

3 5 authorized by a law that addresses the salary ranges

3 6 of state officers, shall take into consideration other

3 7 employee benefits which may be provided for an

3 8 individual including but not limited to housing.

3 9 A person whose salary is established pursuant to a

3 10 law that addresses the salary ranges of state officers

3 11 and who is a full=time, year=round employee of the

3 12 state shall not receive any other remuneration from

3 13 the state or from any other source for the performance

3 14 of that person's duties. However, this provision does

3 15 not exclude the reimbursement for necessary travel and

3 16 expenses incurred in the performance of duties or

3 17 fringe benefits normally provided to employees of the

3 18 state.>

3 19 #3. Title page, line 2, by inserting after the

3 20 word <gifts> the following: <and bonuses>.

3 21 #4. Title page, line 3, by inserting after the

3 22 word <employees> the following: <and bonuses awarded

3 23 to employees of entities receiving government funds

3 24 pursuant to a service contract with the state>.

3 25 #5. By renumbering as necessary.

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3 29 BAUDLER of Adair

3 30 SF 2193.301 82

3 31 av/rj/11475

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H-8426

House Amendment 8426

PAG LIN

1 1 Amend House File 2412 as follows:

1 2 #1. Page 1, by inserting before line 1 the

1 3 following:

1 4 <Section 1. Section 7J.1, subsection 2, paragraph

1 5 c, Code 2007, is amended to read as follows:

1 6 c. Notwithstanding any provision of law to the

1 7 contrary, the governor may set the salary of a

1 8 director of a charter agency under the pay plan for

1 9 exempt positions in the executive branch of

1 10 government. In additionHowever, the governor may