SSB 1262 (LSB 2785XC (6) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON BREITBACH)

A BILL FOR

An Act relating to state and local finances by making appropriations, providing for legal and regulatory responsibilities, providing for other properly related matters, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
STANDING APPROPRIATIONS AND RELATED MATTERS

    Section 1.  LIMITATIONS OF STANDING APPROPRIATIONS —— FY 2019-2020.  Notwithstanding the standing appropriation in the following designated section for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the amount appropriated from the general fund of the state pursuant to that section for the following designated purpose shall not exceed the following amount:
   For payment of claims for nonpublic school transportation under section 285.2:
   ...................................................................... $  8,197,091

   If total approved claims for reimbursement for nonpublic school pupil transportation exceed the amount appropriated in accordance with this section, the department of education shall prorate the amount of each approved claim.
    Sec. 2.  INSTRUCTIONAL SUPPORT STATE AID —— FY 2019-2020.  In lieu of the appropriation provided in section 257.20, subsection 2, the appropriation for the fiscal year beginning July 1, 2019, and ending June 30, 2020, for paying instructional support state aid under section 257.20 for such fiscal year is zero.
    Sec. 3.  Section 257.35, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  13A.  Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2019, and ending June 30, 2020, shall be reduced by the department of management by fifteen million dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003.
DIVISION II
MISCELLANEOUS APPROPRIATIONS

    Sec. 4.  FLOOD MITIGATION.
   1.  There is appropriated from the general fund of the state to the flood mitigation fund created in section 418.10 for the fiscal year beginning July 1, 2018, and ending June 30, 2019, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For projects located in any county that has been declared a major disaster by the president of the United States on or after March 12, 2019, and that is also a county in which individuals are eligible for federal individual assistance:
   ...................................................................... $ 15,000,000

   2.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated.
    Sec. 5.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION III
MISCELLANEOUS PROVISIONS

    Sec. 6.  Section 2.11, subsection 1, Code 2019, is amended to read as follows:
   1.  Each house of the general assembly may employ such officers and employees as it shall deem necessary for the conduct of its business. The compensation of the chaplains, officers, and employees of the general assembly shall be fixed by joint action of the house and senate by resolution at the opening of each session, or as soon thereafter as conveniently can be done. Such persons shall be furnished by the state such supplies as may be necessary for the proper discharge of their duties.
    Sec. 7.  Section 2C.18, Code 2019, is amended to read as follows:
   2C.18  Report to general assembly.
   The ombudsman shall by April 1 December 15 of each year submit an economically designed and reproduced report to the general assembly and to the governor concerning the exercise of the ombudsman’s functions during the preceding calendar year. In discussing matters with which the ombudsman has been concerned, the ombudsman shall not identify specific persons if to do so would cause needless hardship. If the annual report criticizes a named agency or official, it shall also include unedited replies made by the agency or official to the criticism, unless excused by the agency or official affected.
    Sec. 8.  Section 262.9, subsection 16, Code 2019, is amended by striking the subsection and inserting in lieu thereof the following:
   16.  Notwithstanding section 13.7, employ or retain attorneys or counselors as necessary in the board’s discretion or in the discretion of the institutions governed by the board, to carry out the duties of the board or its institutions. In addition, the board or its institutions may be represented in any court or tribunal by an attorney or counselor on the board’s staff or on the staff of an institution governed by the board, by the office of the attorney general, or, if authorized by the executive council, by other attorneys retained by the board or by the institutions the board governs. 
DIVISION IV
CORRECTIVE PROVISIONS

    Sec. 9.  Section 225C.51, subsection 1, paragraph a, if enacted by 2019 Iowa Acts, House File 690, section 8, is amended to read as follows:
   a.  The director of the department of human services or the director’s designee.
    Sec. 10.  Section 225C.51, subsection 3, if enacted by 2019 Iowa Acts, House File 690, section 8, is amended to read as follows:
   3.  The director of the department of human services and the director of the department of education, or their designees, shall serve as co-chairpersons of the state board. Board members shall not be entitled to a per diem as specified in section 7E.6 and shall not be entitled to actual and necessary expenses incurred while engaged in their official duties.
    Sec. 11.  Section 261H.3, subsections 1 and 2, as enacted by 2019 Iowa Acts, Senate File 274, section 3, are amended to read as follows:
   1.  Noncommercial expressive activities protected under the provisions of this chapter include but are not limited to any lawful oral or written means by which members of the campus community may communicate ideas to one another, including but not limited to all forms of peaceful assembly, protests, speeches including by invited speakers, distribution of literature, circulating petitions, and publishing, including publishing or streaming on an internet site, or audio or video recorded in outdoor areas of campus.
   2.  A member of the campus community who wishes to engage in noncommercial expressive activity in outdoor areas of campus shall be permitted to do so freely, subject to reasonable time, place, and manner restrictions, and as long as the member’s conduct is not unlawful, does not impede others’ access to a facility or use of walkways, and does not disrupt the functioning of the public institution of higher education, subject to the protections of subsection 1. The public institution of higher education may designate other areas of campus available for use by the campus community according to institutional policy, but in all cases access to designated areas of campus must be granted on a viewpoint-neutral basis within the bounds of established principles of the first amendment principles to the Constitution of the United States.
    Sec. 12.  Section 513D.2, subsection 2, Code 2019, as amended by 2019 Iowa Acts, House File 679, section 185, if enacted, is amended to read as follows:
   2.  The commissioner or of insurance may take any enforcement action under the commissioner’s authority to enforce compliance with this chapter. 
    Sec. 13.  Section 515I.4A, subsection 1, paragraph c, as enacted by 2019 Iowa Acts, Senate File 558, section 4, is amended to read as follows:
   c.  The board of directors of the insurer has passed a resolution seeking approval as a domestic surplus lines insurer in this state and stating that the insurer shall only write surplus line lines business. The resolution shall not be amended without approval of the commissioner. 
    Sec. 14.  Section 522E.13, subsection 6, Code 2019, as amended by 2019 Iowa Acts, Senate File 559, section 6, is amended to read as follows:
   6.  Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this section, it shall be in writing and sent within the notice period required pursuant to this section. Notices and correspondence shall be sent to the licensed portable electronics vendor that is the policyholder at the portable electronics vendor’s mailing or electronic mail address specified for that purpose and to its affected enrolled consumers’ last known mailing or electronic mail addresses on file with the insurer or the portable electronics vendor. All notices and documents that are delivered by electronic means shall comply with section 505B.1, except for the provisions in section 505B.1, subsection 4. The insurer or portable electronics vendor shall maintain proof that the notice or correspondence was sent for not less than three years after that notice or correspondence was sent.
    Sec. 15.  Section 633.648, Code 2019, as amended by 2019 Iowa Acts, House File 610, section 34, if enacted, is amended to read as follows:
   633.648  Appointment of attorney in compromise of personal injury settlements.
   Notwithstanding the provisions of section 633.642 prior to authorizing a compromise of a claim for damages on account of personal injuries to the ward protected person, the court may order an independent investigation by an attorney other than by the attorney for the conservator. The cost of such investigation, including a reasonable attorney fee, shall be taxed as part of the cost of the conservatorship.
    Sec. 16.  2019 Iowa Acts, Senate File 333, section 104, subsection 6, is amended to read as follows:
   6.  Sections 15E.206, subsection 3, paragraph “a”; 15E.207, subsection 2, paragraph “b”, subparagraph (2), subparagraph division (c); 15E.208, subsection 5, paragraph “g”, subparagraphs (1) and (2); 15E.208, subsection 6, paragraph “d”, subparagraph (1), subparagraph division (a); 135.61, unnumbered paragraph 1; 135.61, subsection 1, paragraph “d”; 135.61, subsection 4; 135.62, subsection 1; 135.62, subsection 2, paragraph “f”, subparagraphs (2), (4), and (5); 135.63, subsection 1; 135.63, subsection 2, unnumbered paragraph 1; 135.63, subsection 2, paragraph “f”; 135.63, subsection 2, paragraph “g”, subparagraph (1); 135.63, subsection 2, paragraph “h”, subparagraph (1), unnumbered paragraph 1; 135.63, subsection 2, paragraph “j”; 135.63, subsection 2, paragraph “k”, subparagraph (1), unnumbered paragraph 1; 135.63, subsection 2, paragraph “l”, unnumbered paragraph 1; 135.63, subsection 2, paragraphs “m” and “n”; 135.63, subsection 2, paragraph “p”, unnumbered paragraph 1; 135.63, subsection 3; 135.64, subsection 3; 135.72, unnumbered paragraph 1; 135.73, subsection 1; 135.73, subsection 2, unnumbered paragraph 1; 135.73, subsection 3; 135.74, subsections 1 and 3; 135.75, subsection 2; 135.76, subsection 1; 135.100, unnumbered paragraph 1; 135.105A, subsection 5; 135.108, unnumbered paragraph 1; 135.140, unnumbered paragraph 1; 249K.2, subsection 6; 490.120, subsection 12, paragraph “c”, subparagraph (1); 490.140, subsection 29; 490.640, subsection 8; 490.809, subsection 2; 490.858, subsection 2; 490.1101, unnumbered paragraph 1; 490.1105, subsection 3; 490.1107, subsection 1, paragraph “h”; 490.1107, subsection 2; 490.1107, subsection 4, paragraph “b”; 490.1108, subsection 1; 490.1114, subsection 1; 490.1114, subsection 2, paragraph “g”; 490.1202, subsection 7; 490.1301, unnumbered paragraph 1; 490.1320, subsection 1; 490.1320, subsection 3, paragraphs “a” and “b”; 490.1322, subsection 2, paragraph “c”; 490.1323, subsection 3; 490.1331, subsection 1; 490.1340, subsection 2, paragraph “a”, subparagraph (1); 490.1403, subsection 3; 490.1405, subsection 2, paragraph “c”; 499.69A, subsection 6; 524.1309, subsection 8; 524.1406, subsection 1; 524.1417, subsection 1; and 524.1805, subsection 6, Code 2019, are amended by striking the word “division” and inserting in lieu thereof the word “subchapter”.
DIVISION V
STATE BUDGET PROCESS

    Sec. 17.  Section 8.6, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  16.  Salary model administrator.  To designate a position within the department to serve as the salary model administrator.
   a.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents.
   b.  The department of revenue, the department of administrative services, the institutions governed by the state board of regents pursuant to section 262.7, each judicial district’s department of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency.
   c.  The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within any annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.
    Sec. 18.  Section 8.23, subsection 1, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   On or before October 1, prior to each legislative session, all departments and establishments of the government shall transmit to the director, on blanks to be furnished by the director, estimates of their expenditure requirements, including every proposed expenditure, for the ensuing fiscal year, classified so as to distinguish between expenditures estimated for administration, operation, and maintenance, and the cost of each project involving the purchase of land or the making of a public improvement or capital outlay of a permanent character, together with supporting data and explanations as called for by the director after consultation with the legislative services agency.
    Sec. 19.  Section 8.23, subsection 1, paragraph a, Code 2019, is amended to read as follows:
   a.  The estimates of expenditure requirements shall be based upon seventy-five percent of the funding provided for the current fiscal year accounted for by program reduced by the historical employee vacancy factor in a form specified by the director, and the remainder of the estimate of expenditure requirements shall include all proposed expenditures and shall be prioritized by program or the results to be achieved. The estimates shall be accompanied with by performance measures for evaluating the effectiveness of the program programs or results.
    Sec. 20.  Section 602.1301, subsection 2, paragraph a, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   As early as possible, but not later than December 1, the supreme court shall submit to the legislative services agency the annual budget request and detailed supporting information for the judicial branch. The submission shall be designed to assist the legislative services agency in its preparation for legislative consideration of the budget request. The information submitted shall contain and be arranged in a format substantially similar to the format specified by the director of the department of management and used by all departments and establishments in transmitting to the director estimates of their expenditure requirements pursuant to section 8.23, except the estimates of expenditure requirements shall be based upon one hundred percent of funding for the current fiscal year accounted for by program, and using the same line item definitions of expenditures as used for the current fiscal year’s budget request, and the remainder of the estimate of expenditure requirements prioritized by program. The supreme court shall also make use of the department of management’s automated budget system when submitting information to the director of the department of management to assist the director in the transmittal of information as required under section 8.35A. The supreme court shall budget and track expenditures by the following separate organization codes:
DIVISION VI
BLACKOUT SPECIAL REGISTRATION PLATES

    Sec. 21.  Section 321.34, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  11C.  Blackout plates.
   a.  Upon application and payment of the proper fees, the director may issue blackout plates to the owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer.
   b.  Blackout plates shall be designed by the department. A blackout plate’s background shall be black, and the plate’s letters and numbers shall be white.
   c.  The special blackout fee for letter-number designated blackout plates is thirty-five dollars. An applicant may obtain personalized blackout plates upon payment of the fee for personalized plates as provided in subsection 5, which is in addition to the special blackout fee. The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall credit monthly from the statutory allocations fund created under section 321.145, subsection 2, to each county’s county mental health and disabilities services fund created pursuant to section 331.424A, the amount of the special blackout fees collected in the previous month for the blackout plates issued to vehicles registered in that county.
   d.  Upon receipt of the special registration plates, the applicant shall surrender the current registration plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special blackout fee for letter-number designated plates is ten dollars which shall be paid in addition to the regular annual registration fee. The annual fee for personalized blackout plates is five dollars which shall be paid in addition to the annual special blackout fee and the regular annual registration fee. The annual special blackout fee shall be credited as provided under paragraph “c”.
   e.  The department shall not condition the issuance of blackout plates on the receipt of any number of orders for blackout plates.
    Sec. 22.  Section 321.166, subsection 9, Code 2019, is amended to read as follows:
   9.  Special registration plates issued pursuant to section 321.34, other than gold star, medal of honor, collegiate, fire fighter, and natural resources, and blackout registration plates, shall be consistent with the design and color of regular registration plates but shall provide a space on a portion of the plate for the purpose of allowing the placement of a distinguishing processed emblem or an organization decal. Special registration plates shall also comply with the requirements for regular registration plates as provided in this section to the extent the requirements are consistent with the section authorizing a particular special vehicle registration plate.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to state and local finances by making appropriations, providing for legal and regulatory responsibilities, and providing for other properly related matters.
   STANDING APPROPRIATIONS AND RELATED MATTERS. The bill limits standing appropriations for payment of claims for nonpublic school transportation, instructional support state aid, and state aid for area education agencies.
   MISCELLANEOUS APPROPRIATIONS. The bill makes an appropriation from the general fund to the flood mitigation fund for FY 2018-2019 for projects located in any county that has been declared a major disaster by the president of the United States on or after March 12, 2019, and that is also a county in which individuals are eligible for federal individual assistance. This provision of the bill is effective upon enactment.
   MISCELLANEOUS PROVISIONS. The bill strikes a requirement that the compensation of the chaplains, officers, and employees of the general assembly shall be fixed by joint action of the house and senate by resolution at the opening of each session, or as soon thereafter as conveniently can be done.
   The bill requires the ombudsman to submit a report to the general assembly and to the governor concerning the exercise of the ombudsman’s functions during the preceding calendar year by December 15 instead of April 1.
   The bill provides that the state board of regents may employ or retain attorneys or counselors as necessary in the board’s discretion or in the discretion of the institutions governed by the board, to carry out the duties of the board or its institutions. In addition, the board or its institutions may be represented in any court or tribunal by an attorney or counselor on the board’s staff or on the staff of an institution governed by the board, by the office of the attorney general, or, if authorized by the executive council, by other attorneys retained by the board or by the institutions the board governs. 
   CORRECTIVE PROVISIONS. Code section 225C.51(1)(a), if enacted by 2019 Iowa Acts, House File 690, section 8, is amended to use the complete terminology of a defined term in Code chapter 225C. 
   Code section 225C.51(3), if enacted by 2019 Iowa Acts, House File 690, section 8, is amended to use the complete terminology of a defined term in Code chapter 225C.
   Code section 261H.3(1) and (2), as enacted by 2019 Iowa Acts, Senate File 274, section 3, are amended to include an erroneously omitted conjunction “or” and to correct a reference to the Constitution of the United States to be consistent with the reference throughout the Act.
   Code section 513D.2(2), as amended by 2019 Iowa Acts, House File 679, section 185, if enacted, is amended to correct a reference to the “commissioner of insurance”.
   Code section 515I.4A(1)(c), as enacted by 2019 Iowa Acts, Senate File 558, section 4, is amended to correct a reference to the term “surplus lines business” to be consistent with the usage of the term throughout the Act.
   Code section 522E.13(6), as amended by 2019 Iowa Acts, Senate File 559, section 6, is amended to include the complete cross reference citation related to notices and documents that are delivered by electronic means.
   Code section 633.648, as amended by 2019 Iowa Acts, House File 610, section 34, if enacted, is amended to correct a reference to the term “protected person” to be consistent with the usage of the term throughout the Act.
   2019 Iowa Acts, Senate File 333, section 104, subsection 6, the nonsubstantive Code editor’s bill, is amended to correctly identify a codified subunit included in the Code editor directives of the Act.
   STATE BUDGET PROCESS. The bill codifies provisions relating to the salary model administrator that appeared annually in previous standings appropriations bills, with one exception. The provisions, in part, required the five institutions under the jurisdiction of the state board of regents to provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The bill instead requires such action by the institutions governed by the state board of regents pursuant to Code section 262.7. These institutions include the state university of Iowa including the university of Iowa hospitals and clinics, the Iowa state university of science and technology including the agricultural experiment station, the university of northern Iowa, the Iowa braille and sight saving school, the state school for the deaf, the Oakdale campus, and the university of Iowa hospitals and clinics’ center for disabilities and development.
   The bill also codifies provisions relating to the state budget process that appeared biennially and applied annually in previous standings appropriations bills. The provisions specify the contents of the estimates of expenditure requirements required to be submitted by all departments and establishments of the government, including the judicial branch, each year to the director of the department of management.
   BLACKOUT SPECIAL REGISTRATION PLATES. The bill authorizes the department of transportation (DOT) to issue blackout special registration plates. The bill requires the plate’s background to be black and the plate’s letters and numbers to be white. 
   The bill provides that the special blackout fee for letter-number designated blackout plates is $35. An applicant may obtain personalized blackout plates upon payment of the $25 fee for personalized plates set forth under current law, which is in addition to the special blackout fee. The bill requires the fees collected by the DOT for the plates to be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state must then credit monthly from the statutory allocations fund to each county’s county mental health and disabilities services fund the amount of the special blackout fees collected in the previous month for the blackout plates issued to vehicles registered in that county.
   Upon receipt of the special registration plates, the applicant must surrender the current registration plates to the county treasurer. The county treasurer must validate the special registration plates in the same manner as regular registration plates are validated. The annual special blackout fee for letter-number designated plates is $10, which is in addition to the regular annual registration fee. The annual fee for personalized blackout plates is $5, which is in addition to the annual special blackout fee and the regular annual registration fee. The bill requires the annual special blackout fee to be credited in the same way as the special blackout fee.
   The bill prohibits the DOT from conditioning the issuance of blackout plates on the receipt of any number of orders for blackout plates.