What changed in SF 2295

Section 1. Section 8B.11, subsection 5, paragraph b, Code 2022, is amended to read as follows:

b. Fifty percent of a communications service provider’s project costs for projects that will result in the installation of broadband infrastructure in a targeted service area within which no communications service provider offers or facilitates broadband service that provides download and upload speeds less than or equal to the tier 2 download and upload speeds specified in the definition of targeted service area in section 8B.1.

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2. Section 9.14, subsection 2, Code 2022, is amended to read as follows:

2. If the secretary reports the approval of a proposed filing of the document, the secretary shall return the proposed filing’s document stamped with the approval date. If an inaccuracy or defect was present in an approved proposed filing of a document, but that inaccuracy or defect prevents the actual filing of the document by the secretary, the filer may timely submit a corrected document. The corrected document is effective retroactively as of the effective date that the actual filing of the document was filer submitted the approved proposed filing to the secretary for actual filing.

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3. Section 12.30, subsection 5, Code 2022, is amended by striking the subsection.

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4. Section 12I.3, unnumbered paragraph 1, Code 2022, is amended to read as follows: On or after July 1, 2016, the The trust may enter into participation agreements pursuant to the following terms and agreements:

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5. Section 15.331C, subsections 1 and 2, Code 2022, are amended to read as follows:

1. An eligible business may claim a tax credit in an amount equal to the sales and use taxes paid by a third-party developer under chapter 423 for gas, electricity, water, or sewer utility services, goods, wares, or merchandise tangible personal property, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility of the eligible business. Taxes attributable to intangible property and furniture and furnishings shall not be included, but taxes attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center shall be included. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs earlier. An eligible business may elect to receive a refund of all or a portion of an unused tax credit.

2. A third-party developer shall state under oath, on forms provided by the department of revenue, the amount of taxes paid as described in subsection 1 and shall submit such forms to the department of revenue. The taxes paid shall be itemized to allow identification of the taxes attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center. After receiving the form from the third-party developer, the department of revenue shall issue a tax credit certificate to the eligible business equal to the sales and use taxes paid by a third-party developer under chapter 423 for gas, electricity, water, or sewer utility services, goods, wares, or merchandise tangible personal property, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility. The department of revenue shall also issue a tax credit certificate to the eligible business equal to the taxes paid and attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center. The aggregate combined total amount of tax refunds under section 15.331A for taxes attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center and of tax credit certificates issued by the department of revenue for the taxes paid and attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center shall not exceed five hundred thousand dollars in a fiscal year. If an applicant for a tax credit certificate does not receive a certificate for the taxes paid and attributable to racks, shelving, and conveyor equipment to be used in a warehouse or distribution center, the application shall be considered in succeeding fiscal years. The eligible business shall not claim a tax credit under this section unless a tax credit certificate issued by the department of revenue is included with the taxpayer’s tax return for the tax year for which the tax credit is claimed. A tax credit certificate shall contain the eligible business’s name, address, tax identification number, the amount of the tax credit, and other information deemed necessary by the department of revenue.

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6. Section 15E.71, Code 2022, is amended to read as follows: 15E.71 Executive council action. Notwithstanding section 7D.29, subsection 1, the executive council in full consultation with the attorney general, and with the agreement of the attorney general, shall take any action deemed necessary to protect the interests of the state with respect to any certificates, tax credits, entities created, or action taken in relation to this subchapter. Such actions may include but are not limited to initiation of legal action, commencement of special investigations, institution of special audits of any involved entity, or establishment of receiverships. If such action is taken, the council may incur the necessary expense to perform such a duty or cause such a duty to be performed, and pay the same expense out of any moneys in the state treasury not otherwise appropriated.

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7. Section 15E.370, subsection 6, unnumbered paragraph 1, Code 2022, is amended to read as follows: Applications shall be accepted during one or more annual application periods to be determined by the authority by rule. Upon reviewing and scoring all applications that are received during an application period, and subject to funding availability, the authority may, in consultation with the department, award financial assistance to eligible businesses. A financial assistance award shall not exceed the amount of eligible project costs included in the eligible business’s application. Priority shall be given to eligible businesses whose proposed project projects under subsection 3 will do any of the following:

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8. Section 17A.8, subsections 2 and 8, Code 2022, are amended to read as follows:

2. A committee member shall be appointed as of the convening of a regular session convened in an odd-numbered year. The term of office for a member of from the house of representatives shall end upon the convening of the general assembly following the appointment. The term of office for a member of from the senate shall end upon the convening of the general assembly after the general assembly following appointment. However, a member shall serve until a successor is appointed. A vacancy on the committee shall be filled by the original appointing authority for the remainder of the term. A vacancy shall exist whenever a committee member ceases to be a member of the house from which the member was appointed.

8. If the committee finds objection to a rule, it may utilize the procedure provided in section 17A.4, subsection 6. In addition or in the alternative, the committee may include in the referral, under subsection 7 of this section, a recommendation that this the rule be overcome by statute. If the committee of the general assembly to which a rule is referred finds objection to the referred rule, it may recommend to the general assembly that this rule be overcome by statute. This section shall not be construed to prevent a committee of the general assembly from reviewing a rule on its own motion.

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9. Section 17A.9A, subsections 4 and 5, Code 2022, are amended to read as follows:

4. A grant or denial of a waiver petition shall be indexed, filed, and available for public inspection as provided in section 17A.3. The administrative code editor and the administrative rules coordinator shall devise maintain an internet site to identify rules for which a petition for a waiver has been granted or denied and make this information available to the public. When an agency grants or denies a waiver, the agency shall submit the information required by this subsection on the internet site within sixty days. The internet site shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the agencies’ actions on the waiver request. To the extent practicable, the agency shall include information detailing the extent to which the granting of a waiver has established a precedent for additional waivers and the extent to which the granting of a waiver has affected the general applicability of the rule itself.

5. For purposes of this section, “a waiver” “waiver” means an agency action which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person.

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10. Section 22A.1, Code 2022, is amended by adding the following new unnumbered paragraph before subsection 1:

NEW UNNUMBERED PARAGRAPH. As used in this chapter:

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11. Section 23A.2, subsection 10, paragraph k, subparagraphs (8) and (10), Code 2022, are amended to read as follows:

(8) Health care and related services provided to patients and visitors by the university of Iowa.

(10) Services provided to the public at the Iowa state university college of veterinary medicine.

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12. Section 24.4, Code 2022, is amended to read as follows: 24.4 Time of filing estimates. The estimates required under section 24.3 and any other estimates required by law shall be made and filed a sufficient length of time in advance of any regular or special meeting of the certifying board or levying board, as the case may be, at which tax levies are authorized to be made to permit publication, discussion, and consideration thereof of the estimates and action thereon to be taken as hereinafter provided in this chapter.

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13. Section 24.9, subsection 1, paragraph a, Code 2022, is amended to read as follows:

a. Each municipality shall file with the secretary or clerk thereof the estimates required to be made in sections 24.3 to through 24.8, at least twenty days before the date fixed by law for certifying the same to the levying board and shall forthwith fix a date for a hearing thereon on the estimates, and shall publish such estimates and any annual levies previously authorized as provided in section 76.2, with a notice of the time when and the place where such hearing shall be held not less than ten nor more than twenty days before the hearing. Provided that in municipalities of less than two hundred population such estimates and the notice of hearing thereon shall be posted in three public places in the district in lieu of publication. For any other municipality such publication shall be in a newspaper published therein in the municipality, if any, if not, then in a newspaper of general circulation therein in the municipality.

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14. Section 24.10, Code 2022, is amended to read as follows: 24.10 Levies void. The verified proof of the publication of such the notice under section 24.9 shall be filed in the office of the county auditor and preserved by the auditor. No A levy shall not be valid unless and until such that notice is published and filed.

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15. Section 24.11, Code 2022, is amended to read as follows: 24.11 Meeting for review. The certifying board or the levying board, as the case may be, shall meet at the time and place designated in said the notice, at which published under section 24.9. At the meeting, any person who would be subject to such the tax levy, shall be heard in favor of or against the same budget estimates and proposed levy or any part thereof.

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16. Section 25B.6, subsection 2, Code 2022, is amended to read as follows:

2. The fiscal note impact statement shall also be submitted to the legislative fiscal committee of the legislative council. Beginning in the first full fiscal year after adoption of the state administrative rule, the fiscal committee shall annually prepare a report for each fiscal note impact statement submitted detailing the fiscal impact of the administrative rule on the affected political subdivision, or agencies and entities which contract with the political subdivision to provide services. The report shall be transmitted to the governor and the general assembly.

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17. Section 27B.1, Code 2022, is amended by adding the following new unnumbered paragraph before subsection 1:

NEW UNNUMBERED PARAGRAPH. As used in this chapter, unless the context otherwise requires:

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18. Section 29C.25, subsection 1, paragraph b, Code 2022, is amended to read as follows:

b. Suspend or revoke, except in accordance with section 724.13, a permit issued pursuant to section 724.6, 724.7, or 724.15 724.19.

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19. Section 34A.2, subsections 1, 2, 3, and 17, Code 2022, are amended to read as follows:

1. “911 call processing equipment” means equipment owned by the department of homeland security and emergency management that functions in a host remote environment, provides 911 call processing functionality to public safety answering points, and utilizes the next generation 911 network. “911 call processing equipment” includes but is not limited to computer aided dispatch, voice logging recorders, mapping, and emergency medical dispatch.

2. “911 call processing equipment provider” means a vendor or vendors selected by the department of homeland security and emergency management to provide 911 call processing equipment.

3. “911 call transport provider” means a vendor or vendors selected by the department of homeland security and emergency management to deliver aggregated wire-line 911 call traffic to the next generation 911 network and from the next generation 911 network to public safety answering points.

17. “Next generation 911 network service provider” means a vendor or vendors selected by the department of homeland security and emergency management to provide next generation 911 network functionality.

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20. Section 34A.8, subsection 1, Code 2022, is amended to read as follows:

1. A local exchange service provider shall furnish to the next generation 911 network service provider, designated by the department of homeland security and emergency management, all names, addresses, and telephone number information concerning its subscribers which will be served by the next generation 911 network and shall periodically update the local exchange service information. The 911 service provider shall furnish the addresses and telephone number information received from the local exchange service provider to the director for use in the mass notification and emergency messaging system as defined in section 29C.2. The local exchange service provider shall receive as compensation for the provision of local exchange service information charges according to its tariffs on file with and approved by the Iowa utilities board. The tariff charges shall be the same whether or not the local exchange service provider is designated as the next generation 911 network service provider by the department of homeland security and emergency management.

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21. Section 44.6, Code 2022, is amended to read as follows: 44.6 Hearing before state commissioner. Objections filed with the state commissioner shall be considered by the secretary of state and auditor of state and attorney general, and a majority decision shall be final; but. However, if the objection is to the certificate of nomination of one or more of the above named officers, said the officer or officers so objected to shall not pass upon the same objection, but their places shall be filled, respectively, by the treasurer of state, the governor, and the secretary of agriculture. Objections relating to incorrect or incomplete information for information that is required under section 44.3 shall be sustained.

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22. Section 49.53, subsection 1, Code 2022, is amended to read as follows:

1. The commissioner shall not less than four nor more than twenty days before the day of each election, except those for which different publication requirements are prescribed by law, publish notice of the election. The notice shall list the names of all candidates or nominees and the office each seeks, and all public questions, to be voted upon at the election. The notice shall also state the date of the election, the hours the polls will be open, that each voter is required to provide identification at the polling place before the voter can receive and cast a ballot, the location of each polling place at which voting is to occur in the election, and the names of the precincts voting at each polling place. The notice shall include the full text of all public measures to be voted upon at the election. The notice may contain one or more facsimiles of the portion of the ballot containing the first rotation arrangement of candidates as prescribed by section 49.31, subsection 2.

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23. Section 53.47, subsection 2, Code 2022, is amended to read as follows:

2. There is hereby appropriated to the department of administrative services from the general fund of the state such sums as may be necessary to purchase any materials provided for herein in this section. The proceeds from sale of such materials to counties shall be turned into deposited in the general fund of the state upon receipt of same the moneys by the department of administrative services.

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24. Section 70A.39, subsection 2, paragraph c, Code 2022, is amended to read as follows:

c. A leave of absence of up to two consecutive hours in a workday for an employee who requests a leave of absence to serve as a voluntary blood donor if the employee provides written verification from the employee’s physician or the facility involved with the blood donation that the employee will serve as a voluntary blood donor. An employee may submit a request for a leave of absence under this subsection paragraph no more than four times in a year.

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25. Section 80.6A, subsection 1, paragraph a, Code 2022, is amended to read as follows:

a. Notwithstanding any provision to the contrary, peace officers employed within the department that who are not covered under a collective bargaining agreement but who were at any time eligible to be enrolled in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union and who elect to participate in a group health insurance plan provided by the state, shall only be permitted to participate in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union for peace officers subject to the requirements of this subsection section. In addition, a peace officer who was covered under a collective bargaining agreement and who becomes a manager or supervisor and is no longer covered by the agreement shall not lose group health insurance benefits as provided by the agreement.

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26. Section 85.1, subsection 3, paragraph b, subparagraph (2), Code 2022, is amended to read as follows:

(2) The spouse of a partner of a partnership, the parents, brothers, sisters, children, and stepchildren of either a partner or the spouse of a partner, and the spouses of the brothers, sisters, children, and stepchildren of either a partner or the spouse of a partner, who are employed by the partnership and actually engaged in agricultural pursuits or operations immediately connected with the agricultural pursuits either on or off the premises of the partnership. For the purpose of this section subparagraph, “partnership” includes partnerships, limited partnerships, and joint ventures.

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27. Section 85.31, subsection 5, Code 2022, is amended to read as follows:

5. Except as otherwise provided by treaty, whenever, under the provisions of this chapter and chapters 86 and 87, compensation is payable to a dependent who is an alien not residing in the United States at the time of the injury, the employer shall pay fifty percent of the compensation herein otherwise provided to such dependent, and the other fifty percent shall be paid into the second injury fund in the custody of the treasurer of state. But if the nonresident alien dependent is a citizen of a government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefits of such law in as favorable degree as herein extended to the nonresident alien, then said the compensation which would otherwise be payable to such the dependent shall be paid into the second injury fund in the custody of the treasurer of state.

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28. Section 85A.8, Code 2022, is amended to read as follows: 85A.8 Occupational disease defined. Occupational diseases shall be “Occupational disease” is limited to only those diseases which arise out of and in the course of the employee’s employment. Such The diseases shall have a direct causal connection with the employment and must have followed as a natural incident thereto from injurious exposure occasioned by the nature of the employment. Such An occupational disease must be incidental to the character of the business, occupation, or process in which the employee was employed and not independent of the employment. Such The disease need not have been foreseen or expected, but, after its contraction it, the disease must appear to have had its origin in a risk connected with the employment and to have resulted from that source as an incident and rational consequence. A disease which follows from a hazard to which an employee has or would have been equally exposed outside of said that occupation is not compensable as an occupational disease.

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29. Section 87.19, Code 2022, is amended to read as follows: 87.19 Failure to comply —— proceedings.

1. Upon the receipt of information by the workers’ compensation commissioner of any employer failing to comply with section 87.14A, the commissioner shall at once notify such employer by certified mail that unless such employer comply complies with the requirements of law, legal proceedings will be instituted to enforce such compliance.

2. Unless such employer comply complies with the provisions of the law within fifteen days after the giving of such notice under subsection 1, the workers’ compensation commissioner shall report such the failure to the attorney general, whose duty it shall be to bring an action in a court of equity to enjoin the further violation. Upon decree being entered for a temporary or permanent injunction, a violation shall be a contempt of court and punished as provided for contempt of court in other cases.

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30. Section 89A.10, subsection 1, Code 2022, is amended to read as follows:

1. If an inspection report indicates a failure to comply with applicable rules, or with the detailed plans and specifications approved by the commissioner, the commissioner may, upon giving notice, order the owner thereof of a conveyance to make the changes necessary for compliance.

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31. Section 91D.1, subsection 1, paragraph d, Code 2022, is amended to read as follows:

d. An employer is not required to pay an employee the applicable state hourly wage provided in paragraph “a” until the employee has completed ninety calendar days of employment with the employer. An employee who has completed ninety calendar days of employment with the employer prior to April 1, 2007, or January 1, 2008, shall earn the applicable state hourly minimum wage as of that date. An employer shall pay an employee who has not completed ninety calendar days of employment with the employer an hourly wage of at least $5.30 as of April 1, 2007, and $6.35 as of January 1, 2008.

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32. Section 96.1A, subsection 14, paragraph h, Code 2022, is amended to read as follows:

h. After December 31, 1971, this state or a state instrumentality and after December 31, 1977, a government entity unless the service is specifically excluded from the definition of employment.

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33. Section 96.1A, subsection 16, paragraph e, subparagraph (2), Code 2022, is amended to read as follows:

(2) The service is performed both within and without such state, but the service performed without such state is incidental to the individual’s service within the state, for example, or is temporary or transitory in nature or consists of isolated transactions.

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34. Section 96.7, subsection 7, paragraphs a and b, Code 2022, are amended to read as follows:

a.

(1) A governmental entity which is an employer under this chapter shall pay benefits in a manner provided for a reimbursable employer unless the governmental entity elects to make contributions as a contributory employer. The election shall be effective for a minimum of one calendar year and may be changed if an election is made to become a reimbursable employer prior to December 1 for a minimum of the following calendar year.

(2) However, if on the effective date of the election the governmental entity has a negative balance in its contributory account, the governmental entity shall pay to the fund within a time period determined by the department the amount of the negative balance and shall immediately become liable to reimburse the unemployment compensation fund for benefits paid in lieu of contributions. Regular or extended benefits paid after the effective date of the election, including those based on wages paid while the governmental entity was a contributory employer, shall be billed to the governmental entity as a reimbursable employer.

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(1) A governmental entity electing to make contributions as a contributory employer, with at least eight consecutive calendar quarters immediately preceding the computation date throughout which the employer’s account has been chargeable with benefits, shall be assigned a contribution rate under this paragraph. Contribution rates shall be assigned by listing all governmental contributory employers by decreasing percentages of excess from the highest positive percentage of excess to the highest negative percentage of excess. The employers so listed shall be grouped into seven separate percentage of excess ranks each containing as nearly as possible one-seventh of the total taxable wages of governmental entities eligible to be assigned a rate under this paragraph.

(2) As used in this subsection paragraph, “percentage of excess” means a number computed to six decimal places on July 1 of each year obtained by dividing the excess of all contributions attributable to an employer over the sum of all benefits charged to an employer by the employer’s average annual payroll. An employer’s percentage of excess is a positive number when the total of all contributions paid to an employer’s account for all past periods to and including those for the quarter immediately preceding the rate computation date exceeds the total benefits charged to such account for the same period. An employer’s percentage of excess is a negative number when the total of all contributions paid to an employer’s account for all past periods to and including those for the quarter immediately preceding the rate computation date is less than the total benefits charged to such account for the same period.

(3) As used in this subsection section, “average annual taxable payroll” means the average of the total amount of taxable wages paid by an employer for insured work during the three periods of four consecutive calendar quarters immediately preceding the computation date. However, for an employer which qualifies on any computation date for a computed rate on the basis of less than twelve consecutive calendar quarters of chargeability immediately preceding the computation date, “average annual taxable payroll” means the average of the employer’s total amount of taxable wages for the two periods of four consecutive calendar quarters immediately preceding the computation date.