Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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102 30 301 to 400 8

102 31 401 to 500 9

102 32 501 to 1000 * 2 Percent of Total

102 33 1001 and over ** 20 Spaces Plus 1 for Each

102 34 100 Over 1000

102 35 * 2 Percent of Total
Senate File 446 - Introduced continued
103 1 ** 20 Spaces Plus 1 for Each 100 Over 1000

103 2 Sec. 120. Section 331.382, subsection 8, Code 2009, is

103 3 amended to read as follows:

103 4 8. a. The board is subject to chapter 161F, chapters 357

103 5 through 358, or chapter 468, subchapters I through III,

103 6 subchapter IV, parts 1 and 2, or subchapter V, as applicable,

103 7 in acting relative to a special district authorized under any

103 8 of those chapters.

103 9 b. However, the board may assume and exercise the powers

103 10 and duties of a governing body under chapter 357, 357A, 357B,

103 11 358 or chapter 468, subchapter III, if a governing body

103 12 established under one of those chapters has insufficient

103 13 membership to perform its powers and duties, and the board,

103 14 upon petition of the number of property owners within a

103 15 proposed district and filing of a bond as provided in section

103 16 357A.2, may establish a service district within the

103 17 unincorporated area of the county and exercise within the

103 18 district the powers and duties granted in chapter chapters

103 19 357, 357A, 357B, 357C, 357I, 358, 359, chapter 384, division

103 20 IV, or chapter 468, subchapter III.

103 21 Sec. 121. Section 358.9, Code 2009, is amended to read as

103 22 follows:

103 23 358.9 SELECTION OF TRUSTEES == TERM OF OFFICE.

103 24 1. a. At the election provided for in section 358.7, the

103 25 names of candidates for trustee of the district shall be

103 26 written by the voters on blank ballots without formal

103 27 nomination, and the board of supervisors which had

103 28 jurisdiction of the proceedings for establishment of the

103 29 sanitary district, together with the board of supervisors of

103 30 any other county in which any part of the district is located,

103 31 shall appoint three trustees from among the five persons

103 32 receiving the greatest number of votes as trustees of the

103 33 district. One of the trustees shall be designated to serve a

103 34 term expiring on the first day of January which is not a

103 35 Sunday or legal holiday following the next general election,

Senate File 446 - Introduced continued
104 1 one to serve a term expiring on the first day of January which

104 2 is not a Sunday or legal holiday two years later, and one to

104 3 serve a term expiring on the first day of January which is not

104 4 a Sunday or legal holiday four years later. Thereafter, each

104 5 term shall be for a term of years established by the board of

104 6 supervisors, not less than three years or more than six years.

104 7 Successors to trustees shall be elected by special election or

104 8 at a special meeting of the board of trustees called for that

104 9 purpose. For each special election called after the initial

104 10 election, a candidate for office of trustee shall be nominated

104 11 by a personal affidavit of the candidate or by petition of at

104 12 least ten eligible electors of the district and the

104 13 candidate's personal affidavit, which shall be filed with the

104 14 county commissioner of elections at least twenty=five days

104 15 before the date of the election. The form of the candidate's

104 16 affidavit shall be substantially the same as provided in

104 17 section 45.3.

104 18 Vacancies in the office of trustee of a sanitary district


104 19 shall be filled by the remaining members of the board for the


104 20 period until a successor is chosen in the manner prescribed by

104 21 this section or by section 69.12, whichever is applicable.

104 22 b. In lieu of a special election, successors to trustees

104 23 shall be elected at a special meeting of the board of trustees

104 24 called for that purpose. Upon its own motion, the board of

104 25 trustees may, or upon petition of landowners owning more than

104 26 fifty percent of the total land in the district, shall, call a

104 27 special meeting of the residents of the district to elect

104 28 successors to trustees of the board. Notice of the meeting

104 29 shall be given at least ten days before the date of the

104 30 meeting by publication of the notice in a newspaper of general

104 31 circulation in the district. The notice shall state the date,

104 32 times, and location of the meeting and that the meeting is

104 33 called for the purpose of electing one or more trustees to the

104 34 board.

104 35 2. If the petition to establish a sanitary district
Senate File 446 - Introduced continued

105 1 requests a board of trustees of five members, the board of

105 2 supervisors shall select five trustees from among the seven

105 3 persons receiving the highest number of votes at the initial

105 4 election. Two trustees shall be designated to serve a term

105 5 expiring on the first day of January which is not a Sunday or

105 6 legal holiday following the next general election, two

105 7 trustees to serve a term expiring on the first day of January

105 8 which is not a Sunday or legal holiday two years later, and

105 9 one to serve a term expiring on the first day of January which

105 10 is not a Sunday or holiday four years later. Thereafter, each

105 11 term shall be for a term of years established by the board of

105 12 supervisors, not less than three years or more than six years.

105 13 Successors to a five=member board selected under this

105 14 paragraph subsection shall be chosen by election and after the

105 15 initial election, a candidate for office of trustee shall be

105 16 nominated by a personal affidavit of the candidate or by

105 17 petition of at least ten eligible electors of the district and

105 18 the candidate's personal affidavit, which shall be filed with

105 19 the commissioner of county elections at least sixty=nine days

105 20 before the date of the general election. The form of the

105 21 candidate's affidavit shall be substantially as provided in

105 22 section 45.3.

105 23 3. Upon request of a three=member board of trustees or

105 24 petition of the number of eligible electors of the district

105 25 equal to at least five percent of the residents of the

105 26 district filed at least ninety days before the next general

105 27 election, the board of supervisors shall provide for the

105 28 election of a five=member board of trustees with staggered

105 29 terms of office of not more than six years. The five=member

105 30 board of trustees shall become effective on the first day of

105 31 January which is not a Sunday or legal holiday after that

105 32 general election. The board of trustees or a petition of the

105 33 number of eligible electors of the district equal to at least

105 34 five percent of the residents of the district may also request

105 35 the board of supervisors to implement a plan to reduce the

Senate File 446 - Introduced continued
106 1 number of trustees from five to three. The board of

106 2 supervisors shall allow incumbent trustees to serve their

106 3 unexpired terms of office.

106 4 4. Vacancies in the office of trustee of a sanitary



106 5 district shall be filled by the remaining members of the board

106 6 for the period until a successor is chosen in the manner

106 7 prescribed by this section or by section 69.12, whichever is

106 8 applicable.

106 9 Sec. 122. Section 411.8, subsection 1, paragraph b, Code

106 10 2009, is amended to read as follows:

106 11 b. (1) On the basis of the actuarial methods and

106 12 assumptions, rate of interest, and of the mortality, interest

106 13 and other tables adopted by the system, the actuary engaged by

106 14 the system to make each valuation required by this chapter

106 15 pursuant to the requirements of section 411.5, shall

106 16 immediately after making such valuation, determine the "normal

106 17 contribution rate". Except as otherwise provided in this

106 18 lettered paragraph, the normal contribution rate shall be the

106 19 rate percent of the earnable compensation of all members equal

106 20 to the rate required by the system to discharge its

106 21 liabilities, stated as a percentage of the earnable

106 22 compensation of all members, and reduced by the employee

106 23 contribution rate provided in paragraph "f" of this subsection

106 24 and the contribution rate representing the state appropriation

106 25 made as provided in section 411.20. However, the normal rate


106 26 of contribution rate shall not be less than seventeen percent.

106 27 (2) The normal rate of contribution rate shall be

106 28 determined by the actuary after each valuation.

106 29 Sec. 123. Section 421B.6, Code 2009, is amended to read as

106 30 follows:

106 31 421B.6 SALES EXCEPTIONS.

106 32 The provisions of this chapter shall not apply to a sale at

106 33 wholesale or a sale at retail made (1) in as follows:

106 34 1. In an isolated transaction; (2) where.

106 35 2. Where cigarettes are offered for sale, or sold in a


Senate File 446 - Introduced continued

107 1 bona fide clearance sale for the purpose of discontinuing

107 2 trade in such cigarettes and said offer to sell, or sale shall

107 3 state the reason therefor and the quantity of such cigarettes

107 4 offered for sale, or to be sold; (3) where.

107 5 3. Where cigarettes are offered for sale, or are sold as

107 6 imperfect or damaged, and said the offer to sell, or sale

107 7 shall state the reason therefor and the quantity of such

107 8 cigarettes offered for sale, or to be sold.

107 9 Sec. 124. Section 422.11V, Code 2009, is amended to read

107 10 as follows:

107 11 422.11V REDEVELOPMENT TAX CREDIT.

107 12 The taxes imposed under this division, less the credits

107 13 allowed under section 422.12, shall be reduced by a

107 14 redevelopment tax credit allowed under chapter 15, subchapter


107 15 II, part 9.

107 16 Sec. 125. Section 422.33, subsection 26, Code 2009, is

107 17 amended to read as follows:

107 18 26. The taxes imposed under this division shall be reduced

107 19 by a redevelopment tax credit allowed under chapter 15,

107 20 subchapter II, part 9.

107 21 Sec. 126. Section 422.60, subsection 14, Code 2009, is

107 22 amended to read as follows:

107 23 14. The taxes imposed under this division shall be reduced

107 24 by a redevelopment tax credit allowed under chapter 15,

107 25 subchapter II, part 9.

107 26 Sec. 127. Section 424.16, subsection 1, paragraph a, Code

107 27 2009, is amended to read as follows:

107 28 a. The board shall notify each person who has previously

107 29 filed an environmental protection charge return, and any other

107 30 person known to the board who will owe the charge at any

107 31 address obtainable for that person, at least thirty days in

107 32 advance of the start of any calendar quarter during which the


107 33 following will occur:

107 34 An an administrative change in the cost factor, pursuant to

107 35 section 424.3, subsection 5, becomes effective.

Senate File 446 - Introduced continued
108 1 Sec. 128. Section 427B.20, Code 2009, is amended to read

108 2 as follows:

108 3 427B.20 LOCAL OPTION REMEDIAL ACTION PROPERTY TAX CREDIT

108 4 == PUBLIC HEARING.

108 5 1. As used in this division:

108 6 a. "Actual portion of the costs paid by the owner or



108 7 operator of an underground storage tank in connection with a

108 8 remedial action for which the Iowa comprehensive petroleum

108 9 underground storage tank fund shares in the cost of corrective

108 10 action" means the amount determined by the fund's board, or

108 11 the board's designee, as the administrator of the Iowa

108 12 comprehensive petroleum underground storage tank fund, and for

108 13 which the owner or operator was not reimbursed from any other

108 14 source.

108 15 b. "Small business" means a business with gross receipts


108 16 of less than five hundred thousand dollars per year.

108 17 1. 2. In order to further the public interests of

108 18 protecting the drinking water supply, preserving business and

108 19 industry within a community, preserving convenient access to

108 20 gas stations within a community, or other public purposes, a

108 21 city council or county board of supervisors may provide by

108 22 ordinance for partial or total property tax credits to owners

108 23 of small businesses that own or operate an underground storage

108 24 tank to reduce the amount of property taxes paid over the

108 25 permitted period in amounts not to exceed the actual portion

108 26 of costs paid by the business owner in connection with a

108 27 remedial action for which the Iowa comprehensive petroleum

108 28 underground storage tank fund shares in the cost of corrective

108 29 action, and for which the small business owner was not

108 30 reimbursed from any other source. A county board of

108 31 supervisors may grant credits only for property located

108 32 outside of the corporate limits of a city, and a city council

108 33 may grant credits only for property located within the

108 34 corporate limits of the city. The credit shall be taken on

108 35 the property where the underground storage tank is situated.

Senate File 446 - Introduced continued
109 1 The credit granted by the council or board shall not exceed

109 2 the amount of taxes generated by the property for the

109 3 respective city or county. The credit shall apply to property

109 4 taxes payable in the fiscal year following the calendar year

109 5 in which a cost of remedial action was paid by the small

109 6 business owner.

109 7 As used in this division, "actual portion of the costs paid

109 8 by the owner or operator of an underground storage tank in

109 9 connection with a remedial action for which the Iowa

109 10 comprehensive petroleum underground storage tank fund shares

109 11 in the cost of corrective action" means the amount determined

109 12 by the fund's board, or the board's designee, as the

109 13 administrator of the Iowa comprehensive petroleum underground

109 14 storage tank fund, and for which the owner or operator was not

109 15 reimbursed from any other source.

109 16 As used in this division, "small business" means a business


109 17 with gross receipts of less than five hundred thousand dollars


109 18 per year.

109 19 2. 3. The ordinance may be enacted not less than thirty

109 20 days after a public hearing is held in accordance with section

109 21 335.6 in the case of a county, or section 362.3 in the case of

109 22 a city. The ordinance shall designate the length of time the

109 23 partial or total credit shall be available, and shall include

109 24 a credit schedule and description of the terms and conditions

109 25 of the credit.

109 26 3. 4. A property tax credit provided under this section

109 27 shall be paid for out of any available funds budgeted for that

109 28 purpose by the city council or county board of supervisors. A

109 29 city council may certify a tax for the general fund levy and a

109 30 county board of supervisors may certify a tax for the rural

109 31 county service fund levy for property tax credits authorized

109 32 by this section.

109 33 4. 5. The maximum permitted period of a tax credit

109 34 granted under this section is ten years.

109 35 Sec. 129. Section 432.12L, Code 2009, is amended to read

Senate File 446 - Introduced continued
110 1 as follows:

110 2 432.12L REDEVELOPMENT TAX CREDIT.

110 3 The taxes imposed under this chapter shall be reduced by a

110 4 redevelopment tax credit allowed under chapter 15, subchapter



110 5 II, part 9.

110 6 Sec. 130. Section 441.47, Code 2009, is amended to read as

110 7 follows:

110 8 441.47 ADJUSTED VALUATIONS.

110 9 The director of revenue on or about August 15, 1977, and

110 10 every two years thereafter shall order the equalization of the

110 11 levels of assessment of each class of property in the several

110 12 assessing jurisdictions by adding to or deducting from the

110 13 valuation of each class of property such percentage in each

110 14 case as may be necessary to bring the same to its taxable

110 15 value as fixed in this chapter and chapters 427 to 443. The

110 16 director shall adjust to actual value the valuation of any

110 17 class of property as set out in the abstract of assessment

110 18 when the valuation is at least five percent above or below

110 19 actual value as determined by the director. For purposes of

110 20 such value adjustments and before such equalization the

110 21 director shall adopt, in the manner prescribed by chapter 17A,

110 22 such rules as may be necessary to determine the level of

110 23 assessment for each class of property in each county. The

110 24 rules shall cover: (1)

110 25 1. The proposed use of the assessment=sales ratio study

110 26 set out in section 421.17, subsection 6; (2) the.

110 27 2. The proposed use of any statewide income capitalization

110 28 studies; (3) the.

110 29 3. The proposed use of other methods that would assist the

110 30 director in arriving at the accurate level of assessment of

110 31 each class of property in each assessing jurisdiction.

110 32 Sec. 131. Section 455B.151, unnumbered paragraph 1, Code

110 33 2009, is amended to read as follows:

110 34 The compliance advisory panel created in section 455B.150

110 35 shall review and report on the effectiveness of the small
Senate File 446 - Introduced continued
111 1 business stationary source technical and environmental

111 2 compliance assistance program as provided in section

111 3 455B.133A. The compliance advisory panel shall do all of the

111 4 following:

111 5 Sec. 132. Section 455B.171, subsection 27, Code 2009, is

111 6 amended to read as follows:

111 7 27. "Semipublic sewage disposal system" means a system for

111 8 the treatment or disposal of domestic sewage which is not a

111 9 private sewage disposal system and which is not owned by a

111 10 city, a sanitary district, or a designated and approved

111 11 management agency under } 1288 of the federal Water Pollution

111 12 Control Act (33, codified at 33 U.S.C. } 1288) 1288.

111 13 Sec. 133. Section 455B.176, subsections 1 through 9, Code

111 14 2009, are amended to read as follows:

111 15 1. The protection of the public health;.

111 16 2. The size, depth, surface area covered, volume,

111 17 direction and rate of flow, stream gradient, and temperature

111 18 of the affected water of the state;.

111 19 3. The character and uses of the land area bordering the

111 20 affected water of the state;.

111 21 4. The uses which have been made, are being made, or may

111 22 be made of the affected water of the state for public,

111 23 private, or domestic water supplies, irrigation; livestock

111 24 watering; propagation of wildlife, fish, and other aquatic

111 25 life; bathing, swimming, boating, or other recreational

111 26 activity; transportation; and disposal of sewage and wastes;.

111 27 5. The extent of contamination resulting from natural

111 28 causes including the mineral and chemical characteristics;.

111 29 6. The extent to which floatable or settleable solids may

111 30 be permitted;.

111 31 7. The extent to which suspended solids, colloids, or a

111 32 combination of solids with other suspended substances may be

111 33 permitted;.

111 34 8. The extent to which bacteria and other biological

111 35 organisms may be permitted;.
Senate File 446 - Introduced continued
112 1 9. The amount of dissolved oxygen that is to be present

112 2 and the extent of the oxygen demanding substances which may be

112 3 permitted;.

112 4 Sec. 134. Section 455D.19, subsection 2, paragraph c, Code

112 5 2009, is amended to read as follows:

112 6 c. "Intentional introduction" means an act of deliberately

112 7 utilizing a regulated metal in the formulation of a package or

112 8 packaging component where its continued presence is desired in

112 9 the final package or packaging component to provide a specific

112 10 characteristic, appearance, or quality. Intentional

112 11 introduction does not include the use of a regulated metal as

112 12 a processing agent or intermediate to impart certain chemical

112 13 or physical changes during manufacturing, if the incidental

112 14 presence of a residue of the metal in the final package or

112 15 packaging component is neither desired nor deliberate, and if

112 16 the final package or packaging component is in compliance with




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