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Senate Study Bill 1222 - IntroducedA Bill ForAn Act 1relating to state finances, including by making,
2modifying, limiting, or reducing appropriations,
3distributions, or transfers, authorizing expenditure of
4certain unappropriated moneys, making corrections, and
5including effective date, applicability, and retroactive
6applicability provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
3AUTHORITY
4 Section 1. INSTRUCTIONAL SUPPORT STATE AID — FY
52023-2024. In lieu of the appropriation provided in section
6257.20, subsection 2, the appropriation for the fiscal year
7beginning July 1, 2023, and ending June 30, 2024, for paying
8instructional support state aid under section 257.20 for the
9fiscal year is zero.
10 Sec. 2. SPECIAL FUNDS — SALARY ADJUSTMENTS —
11UNAPPROPRIATED MONEYS — FY 2023-2024. For the fiscal
12year beginning July 1, 2023, and ending June 30, 2024,
13salary adjustments otherwise provided may be funded as
14determined by the department of management, subject to any
15applicable constitutional limitation, using unappropriated
16moneys remaining in the commerce revolving fund, the gaming
17enforcement revolving fund, the gaming regulatory revolving
18fund, the primary road fund, the road use tax fund, the fish
19and game protection fund, and the Iowa public employees’
20retirement fund, and in other departmental revolving, trust, or
21special funds for which the general assembly has not made an
22operating budget appropriation.
23 Sec. 3. DISTRIBUTIONS OF IOWA ECONOMIC EMERGENCY FUND
24EXCESS — FY 2022-2023.
251. Notwithstanding section 8.55, subsection 2, paragraphs
26“a” and “b”, for the fiscal year beginning July 1, 2022, and
27ending June 30, 2023, moneys in excess of the maximum balance
28of the Iowa economic emergency fund created in section 8.55
29shall be distributed as follows:
30a. An amount equal to the difference between the foundation
31property tax statewide under section 257.3 for the fiscal year
32beginning July 1, 2023, calculated using taxable valuations
33for the assessment year beginning January 1, 2022, following
34application of assessment limitations calculated under section
35441.21, Code 2023, and the foundation property tax statewide
-1-1under section 257.3 for the fiscal year beginning July 1,
22023, calculated using taxable valuations for the assessment
3year beginning January 1, 2022, following application of
4assessment limitations calculated under section 441.21, Code
52023, as amended by 2023 Iowa Acts, Senate File 181, shall be
6transferred to the general fund of the state to pay foundation
7aid under chapter 257 as described in section 257.16 for the
8fiscal year beginning July 1, 2023.
9b. Of the remaining moneys, if any, the difference between
10the actual net revenue for the general fund of the state for
11the fiscal year and the adjusted revenue estimate for the
12fiscal year, reduced by the amount transferred under paragraph
13“a”, shall be transferred to the taxpayer relief fund created
14in section 8.57E.
15c. The remaining moneys, if any, shall be transferred to the
16general fund of the state.
172. The amount to be transferred under subsection 1,
18paragraph “a”, shall be determined by the department of
19management on or before July 31, 2023. The department shall
20notify the legislative services agency of the department’s
21determination.
22 Sec. 4. Section 257.35, Code 2023, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 17A. Notwithstanding subsection 1, and in
25addition to the reduction applicable pursuant to subsection
262, the state aid for area education agencies and the portion
27of the combined district cost calculated for these agencies
28for the fiscal year beginning July 1, 2023, and ending June
2930, 2024, shall be reduced by the department of management by
30twenty-two million fifty-seven thousand one hundred thirty-one
31dollars. The reduction for each area education agency shall be
32prorated based on the reduction that the agency received in the
33fiscal year beginning July 1, 2003.
34 Sec. 5. Section 441.21, subsection 5, paragraph e,
35subparagraph (1), Code 2023, is amended to read as follows:
-2- 1(1) For the fiscal year beginning July 1, 2023, there
2is appropriated from the general fund of the state to the
3department of revenue the sum of one hundred twenty-two million
4three hundred fifty thousand dollars to be used for payments
5under this paragraph calculated as a result of the assessment
6limitations imposed under paragraph “b”, subparagraph (2),
7subparagraph division (a), and paragraph “c”, subparagraph (2),
8subparagraph division (a).For each fiscal year beginning on
9or after July 1, 2023 2024, there is appropriated from the
10general fund of the state to the department of revenue the
11sum of one hundred twenty-five million dollars to be used
12for payments under this paragraph calculated as a result
13of the assessment limitations imposed under paragraph “b”,
14subparagraph (2), subparagraph division (a), and paragraph “c”,
15subparagraph (2), subparagraph division (a).
16 Sec. 6. EFFECTIVE DATE. The following, being deemed of
17immediate importance, takes effect upon enactment:
18The section of this division of this Act providing for
19distributions of moneys in excess of the maximum balance of the
20Iowa economic emergency fund.
21DIVISION II
22CORRECTIVE PROVISIONS
23CORRECTIONS ASSOCIATED WITH SENATE FILE 514
24 Sec. 7. Section 15.342A, subsection 2, Code 2023, as amended
25by 2023 Iowa Acts, Senate File 514, section 2219, is amended
26to read as follows:
272. For the fiscal year beginning July 1, 2023, and for each
28fiscal year thereafter, there is annually appropriated from
29the workforce development fund account to the apprenticeship
30training program fund created in section 15B.3 84D.3 three
31million dollars for the purposes of chapter 15B 84D.
32 Sec. 8. Section 15C.1, subsection 3, paragraph b, Code 2023,
33is amended to read as follows:
34b. An apprenticeship sponsor receiving financial assistance
35under chapter 15B 84D or section 15C.2 84E.2 is ineligible for
-3-1financial assistance under this section during the same fiscal
2year.
3 Sec. 9. Section 15C.2, subsection 3, paragraph b, Code 2023,
4is amended to read as follows:
5b. An apprenticeship sponsor receiving financial assistance
6under chapter 15B 84D or section 15C.1 84E.1 is ineligible to
7receive financial assistance under this section during the same
8fiscal year. An apprenticeship sponsor who trains through
9a lead apprenticeship sponsor that qualifies for financial
10assistance under chapter 15B 84D is ineligible to receive
11financial assistance under this section.
12 Sec. 10. Section 22.7, subsection 31, Code 2023, is amended
13to read as follows:
1431. Memoranda, work products, and case files of a mediator
15and all other confidential communications in the possession of
16a mediator, as provided in chapters 86 chapter 10A, subchapter
17III, and chapter 216. Information in these confidential
18communications is subject to disclosure only as provided in
19sections 86.44 10A.332 and 216.15B, notwithstanding any other
20contrary provision of this chapter.
21 Sec. 11. Section 92.5, subsection 11, Code 2023, is amended
22to read as follows:
2311. Other work approved by the rules adopted pursuant to
24chapter 17A by the labor commissioner director.
25 Sec. 12. Section 100D.3, subsection 1, paragraph c, Code
262023, as amended by 2023 Iowa Acts, Senate File 514, section
271519, is amended to read as follows:
28c. Has received a passing score on the national inspection,
29testing, and certification star fire sprinkler mastery
30exam or on an equivalent exam from a nationally recognized
31third-party testing agency that is approved by the director,
32or is certified at level one by the national institute for
33certification in engineering technologies and as specified
34by rule by the director, or is certified by another entity
35approved by the fire marshal director.
-4-1 Sec. 13. Section 101.22, subsection 4, Code 2023, as amended
2by 2023 Iowa Acts, Senate File 514, section 1534, is amended
3to read as follows:
44. The registration notice of the owner or operator to the
5director under subsections 1 through 3 shall be accompanied
6by an annual fee of twenty dollars for each tank included in
7the notice. All moneys collected shall be retained by the
8department of inspections, appeals, and licensing and are
9appropriated for the use of the director. The annual renewal
10fee applies to all owners or operators who file a registration
11notice with the state fire marshal director pursuant to
12subsections 1 through 3.
13 Sec. 14. Section 101.24, subsection 4, paragraph a, Code
142023, as amended by 2023 Iowa Acts, Senate File 514, section
151536, is amended to read as follows:
16a. If the owner or operator of any property refuses
17admittance, or if prior to such refusal the director
18demonstrates the necessity for a warrant, the state fire
19marshal director may make application under oath or affirmation
20to the district court of the county in which the property is
21located for the issuance of a search warrant.
22 Sec. 15. Section 101A.1, subsection 2A, paragraph c,
23subparagraph (4), as enacted by 2023 Iowa Acts, House File 202,
24section 2, is amended to read as follows:
25(4) Any device the state fire marshal director determines is
26not likely to be used as a weapon or that is an antique.
27 Sec. 16. Section 103.14, Code 2023, as amended by 2023
28Iowa Acts, Senate File 514, section 1562, is amended to read
29as follows:
30103.14 Alarm installations.
31A person who is not licensed pursuant to this chapter may
32plan, lay out, or install electrical wiring, apparatus, and
33equipment for components of alarm systems that operate at
34seventy volt/amps (VA) or less, only if the person is certified
35to conduct such work pursuant to chapter 100C. Installations
-5-1of alarm systems that operate at seventy volt/amps (VA) or less
2are subject to inspection by state inspectors as provided in
3section 103.31, except that reports of such inspections, if
4the installation being inspected was performed by a person
5certified pursuant to chapter 100C, shall be submitted to the
6director and any action taken on a report of an inspection
7of an installation performed by a person certified pursuant
8to chapter 100C shall be taken by or at the direction of the
9state fire marshal director, unless the installation has been
10found to exceed the authority granted to the certificate holder
11pursuant to chapter 100C and therefore to be in violation of
12this chapter.
13 Sec. 17. Section 135.11A, subsection 1, Code 2023, as
14amended by 2023 Iowa Acts, Senate File 514, section 1580, is
15amended to read as follows:
161. Each board under chapters chapter 100C, 103, 103A,
17105, or 147 that are is under the administrative authority
18of the department, except the board of nursing, board of
19medicine, dental board, and board of pharmacy, shall receive
20administrative and clerical support from the department and
21may not employ its own support staff for administrative and
22clerical duties. The executive director of the board of
23nursing, board of medicine, dental board, and board of pharmacy
24shall be appointed pursuant to section 135.11B.
25 Sec. 18. Section 135R.1, subsection 2, as enacted by 2023
26Iowa Acts, Senate File 75, section 22, is amended to read as
27follows:
282. “Department” means the department of inspections, and
29 appeals, and licensing.
30 Sec. 19. Section 156.1A, Code 2023, as amended by 2023
31Iowa Acts, Senate File 514, section 1632, is amended to read
32as follows:
33156.1A Provision of services.
34Nothing contained in this chapter shall be construed
35as prohibiting the operation of any funeral home, funeral
-6-1establishment, or cremation establishment by any person,
2heir, fiduciary, firm, cooperative burial association, or
3corporation. However, each such person, firm, cooperative
4burial association, or corporation shall ensure that all
5mortuary science services are provided by a funeral director,
6and shall keep the Iowa department of inspections, appeals, and
7licensing advised of the name of the funeral director.
8 Sec. 20. Section 249K.2, subsection 6, Code 2023, as amended
9by 2023 Iowa Acts, Senate File 514, section 820, is amended to
10read as follows:
115. “New construction” means the construction of a new
12nursing facility which does not replace an existing licensed
13and certified facility and requires the provider to obtain a
14certificate of need pursuant to chapter 135 10A, subchapter VI
15 VII.
16 Sec. 21. Section 252D.16, subsection 1, as enacted by 2023
17Iowa Acts, Senate File 514, section 882, is amended to read as
18follows:
191. “Child support services” means the same as child
20supported support services created in section 252B.2.
21 Sec. 22. Section 252E.1, subsection 5, as enacted by 2023
22Iowa Acts, Senate File 514, section 895, is amended to read as
23follows:
245. “Child support services” means child support services
25created in section 252B.1 252B.2.
26 Sec. 23. Section 256.11, subsection 5A, paragraph a, if
27enacted by 2023 Iowa Acts, Senate File 391, section 14, is
28amended to read as follows:
29a. The board of directors of a school district or the
30authorities in charge of an accredited nonpublic school may
31authorize a teacher who is appropriately licensed by the board
32of educational examiners under chapter 272 to teach two or more
33sequential units of one subject area in the same classroom at
34the same time in grades nine through twelve. The board of
35directors of a school district or the authorities in charge
-7-1of an accredited nonpublic school shall award high school
2credit to a student upon the student’s successful completion of
3the course. The teacher must meet the minimum certification
4requirements of the national organization that administers the
5advanced placement program if one of the units being offered
6pursuant to this paragraph is an advanced placement course.
7 Sec. 24. Section 261G.4, subsection 5, Code 2023, as amended
8by 2023 Iowa Acts, Senate File 514, section 2640, is amended
9to read as follows:
105. Students attending a participating nonresident
11institution are ineligible for state student financial aid
12programs established under chapter 256, subchapter VII, part 4.
13 Sec. 25. Section 303.3B, subsection 3, Code 2023, as amended
14by 2023 Iowa Acts, Senate File 514, section 2087, is amended
15to read as follows:
163. The authority shall encourage development projects and
17activities located in certified cultural and entertainment
18districts through incentives under cultural grant programs
19pursuant to section 303.3 15.436, subchapter II, part 30, and
20any other applicable grant programs.
21 Sec. 26. Section 546.10, subsection 3, paragraph a, Code
222023, as amended by 2023 Iowa Acts, Senate File 514, section
231704, is amended to read as follows:
24a. The licensing and regulation examining boards included
25in the bureau department pursuant to subsection 1 retain the
26powers granted them pursuant to the chapters in which they are
27created, except for budgetary and personnel matters which shall
28be handled by the director. Each licensing board shall adopt
29rules pursuant to chapter 17A. Decisions by a licensing board
30are final agency actions for purposes of chapter 17A.
31 Sec. 27. Section 727.2, subsection 3, paragraph d, as
32enacted by 2023 Iowa Acts, House File 202, section 7, is
33amended to read as follows:
34d. Any retailer or community group offering for sale
35at retail any consumer fireworks shall do so in accordance
-8-1with the national fire protection association standard 1124,
2published in the code for the manufacture, transportation,
3storage, and retail sales of fireworks and pyrotechnic
4articles, 2006 edition, and shall not be subject to any other
5standards or requirements unless provided for by the state fire
6marshal director of the department of inspections, appeals, and
7licensing under section 100.19 10A.519.
8 Sec. 28. 2015 Iowa Acts, chapter 138, section 97, as amended
9by 2023 Iowa Acts, Senate File 514, section 1710, is amended
10to read as follows:
11SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
12LESSONS. Notwithstanding any provision of law to the contrary,
13the department of inspections, appeals, and licensing shall
14require that a residential swimming pool used for private
15swimming lessons for up to two hundred seven hours in a
16calendar month, or the number of hours prescribed by local
17ordinance applicable to such use of a residential swimming
18pool, whichever is greater, be regulated as a residential
19swimming pool used for commercial purposes pursuant to chapter
20135I. The department of public health inspections, appeals,
21and licensing may adopt rules to implement this section.
22 Sec. 29. 2021 Iowa Acts, chapter 45, section 5, is amended
23to read as follows:
24SEC. 5. APPLICABILITY. This Act applies to financial
25assistance provided by the economic development authority to
26apprenticeship sponsors and lead apprenticeship sponsors that
27apply for financial assistance on or after July 1, 2021.
28 Sec. 30. 2023 Iowa Acts, Senate File 514, section 2605, is
29amended to read as follows:
30SEC. 2605. APPLICABILITY. This portion of this division
31of this Act applies to individuals appointed as the executive
32director of the board of educational examiners before, on, or
33after the effective date of this division of this Act.
34 Sec. 31. 2023 Iowa Acts, Senate File 514, section 2643, is
35amended to read as follows:
-9- 1SEC. 2643. APPLICABILITY. This portion of this division
2of this Act applies to individuals appointed as the executive
3director of the college student aid commission before, on, or
4after the effective date of this division of this Act.
5 Sec. 32. EFFECTIVE DATE. The following, being deemed of
6immediate importance, take effect upon enactment:
71. The section of this division of this Act amending section
8101A.1, subsection 2A, paragraph “c”, subparagraph (4).
92. The section of this division of this Act amending section
10727.2, subsection 3, paragraph “d”.
11 Sec. 33. RETROACTIVE APPLICABILITY. The following apply
12retroactively to March 22, 2023:
131. The section of this division of this Act amending section
14101A.1, subsection 2A, paragraph “c”, subparagraph (4).
152. The section of this division of this Act amending section
16727.2, subsection 3, paragraph “d”.
17MISCELLANEOUS CORRECTIONS
18 Sec. 34. Section 12K.1, subsection 4, paragraph j, if
19enacted by 2023 Iowa Acts, Senate File 418, section 4, is
20amended by striking the paragraph.
21 Sec. 35. Section 12K.1, if enacted by 2023 Iowa Acts, Senate
22File 418, section 4, is amended by adding the following new
23subsection:
24 NEW SUBSECTION. 5. “Public fund” means the treasurer of
25state, the state board of regents, the public safety peace
26officers’ retirement system created in chapter 97A, the Iowa
27public employees’ retirement system created in chapter 97B, the
28statewide fire and police retirement system created in chapter
29411, or the judicial retirement system created in chapter 602.
30 Sec. 36. 2023 Iowa Acts, Senate File 418, if enacted, is
31amended by adding the following new section:
32 NEW SECTION. SEC. 9A. Section 35A.13, subsection 4,
33paragraph a, Code 2023, is amended to read as follows:
34a. Notwithstanding subsection 5, moneys in the fund, except
35so much of the fund as may be necessary to be kept on hand
-10-1for the making of disbursements under this section, shall
2be invested by the treasurer of state, in consultation with
3the commission and the public retirement systems committee
4established by section 97D.4, in any investments authorized for
5the Iowa public employees’ retirement system in section 97B.7A,
6including common stock, and subject to the requirements of
7chapters 12F, 12H, and 12J, and 12K, and the earnings therefrom
8shall be credited to the fund. The treasurer of state may
9execute contracts and agreements with investment advisors,
10consultants, and investment management and benefit consultant
11firms in the administration of investments of moneys in the
12fund.
13 Sec. 37. Section 135B.1, subsection 5, as enacted by 2023
14Iowa Acts, Senate File 75, section 1, is amended to read as
15follows:
165. “Rural emergency hospital” means a facility that provides
17rural emergency hospital services in the facility twenty-four
18hours per day, seven days per week; does not provide any acute
19care inpatient services with the exception of any distinct
20part of the facility licensed as a skilled nursing facility
21providing posthospital extended care services; and meets the
22criteria specified in section 135B.1A 135B.3A and the federal
23Consolidated Appropriations Act, Pub.L.No.116-260, §125.
24 Sec. 38. Section 147.164, subsection 2, paragraph a,
25unnumbered paragraph 1, as enacted by 2023 Iowa Acts, Senate
26File 538, section 1, is amended to read as follows:
27Except as otherwise provided in paragraph “c”, a health
28care professional shall not knowingly engage in or cause any
29of the following practices to be performed on a minor if the
30practice is performed for the purpose of attempting to alter
31the appearance of, or affirm the minor’s perception of, the
32minor’s gender or sex, if that appearance or perception is
33inconsistent with the minor’s sex.:
34 Sec. 39. Section 476.1A, subsection 6, paragraph c, if
35enacted by 2023 Iowa Acts, House File 599, section 1, is
-11-1amended to read as follows:
2c. “Safety standards” means applicable regulations
3promulgated by the United States occupational safety and health
4administration and by Iowa occupational safety and health
5by the administration the labor commissioner under chapter
688. Safety standards for electric utilities subject to this
7section also include outage notifications, safety standards
8contained in the national electric safety code, as published
9by the institute of electrical and electronic engineers, inc.,
10and electric safety standards approved by the American national
11standards institute.
12 Sec. 40. Section 521J.7, subsection 1, paragraph b,
13subparagraph (1), if enacted by 2023 Iowa Acts, Senate File
14549, section 10, is amended to read as follows:
15(1) Subject to subparagraph (2), the captive’s company
16 captive company’s report shall be filed no later than ninety
17calendar days after the close of the company’s fiscal year.
18 Sec. 41. Section 521J.19, subsection 3, unnumbered
19paragraph 1, if enacted by 2023 Iowa Acts, Senate File 549,
20section 22, is amended to read as follows:
21Notwithstanding chapter 507C or any other provision to of
22 law to the contrary, in the conservation, rehabilitation, or
23liquidation of a protected cell captive company, all of the
24following requirements shall be met:
25 Sec. 42. Section 533C.305, subsection 4, if enacted by 2023
26Iowa Acts, House File 675, section 14, is amended to read as
27follows:
284. If an applicant avails itself or is otherwise subject
29to a multistate licensing process, the superintendent is
30authorized and encouraged to accept the investigation results
31of a lead investigative state for the purpose of subsection
323, if the lead investigative state has sufficient staffing,
33expertise, and minimum standards. Additionally, if this
34state is a lead investigative state, the superintendent is
35authorized and encouraged to investigate the applicant pursuant
-12-1to subsection 3, and the time frames established by agreement
2through the multistate licensing process, provided, that in no
3case shall such time frame be noncompliant with the application
4period in subsection 1, paragraph “a”.
5 Sec. 43. Section 544C.1, subsection 1A, if enacted by 2023
6Iowa Acts, Senate File 135, section 1, is amended to read as
7follows:
8 NEW SUBSECTION. 1A. “Building equipment” means any
9mechanical, plumbing, electrical, or structural components,
10including a conveyance, designed for or located in a building
11or structure.
12 Sec. 44. CODE EDITOR DIRECTIVE. If House File 421 and House
13File 652 are both enacted by the first session of the 90th
14General Assembly, the Code editor shall change the term “barber
15school or school of cosmetology arts and sciences” to “school
16of barbering and cosmetology arts and sciences” wherever the
17term is enacted in House File 421.
18 Sec. 45. EFFECTIVE DATE. The following, being deemed of
19immediate importance, take effect upon enactment:
201. The section of this division of this Act amending section
21135B.1, subsection 5.
222. The section of this division of this Act amending section
23147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
24 Sec. 46. RETROACTIVE APPLICABILITY. The following applies
25retroactively to March 28, 2023:
26The section of this division of this Act amending section
27135B.1, subsection 5.
28 Sec. 47. APPLICABILITY. The following applies one hundred
29eighty days after March 22, 2023:
30The section of this division of this Act amending section
31147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
-13-1AUTHORITY. This bill reduces the standing appropriations for
2FY2023-2024 for instructional support state aid, state aid for
3area education agencies, and payments under Code section 441.21
4relating to certain property assessment limitations. The bill
5authorizes salary adjustments to be funded as determined by the
6department of management (DOM) from unappropriated moneys in
7certain special funds.
8The bill provides that for FY 2022-2023, moneys in excess
9of the maximum balance of the Iowa economic emergency fund
10shall not be distributed as provided in Code section 8.55(2),
11but shall instead be distributed as provided in the bill.
12Under the bill, moneys are first transferred to the general
13fund of the state in an amount equal to the difference in
14foundation property tax statewide based on 2023 Iowa Acts,
15Senate File 181, to pay foundation aid under Code chapter 257
16for FY2023-2024. The amount that would be distributed to
17the taxpayer relief fund under current law is reduced by the
18transferred amount. The transferred amount is to be determined
19by DOM. These provisions take effect upon enactment.
20CORRECTIVE PROVISIONS. The bill makes technical corrections
21to, or as the result of, legislation enacted or considered
22during the 2023 legislative session. Certain provisions take
23effect upon enactment and apply retroactively to the effective
24date of the amended legislation.
-14-ns/jh
2modifying, limiting, or reducing appropriations,
3distributions, or transfers, authorizing expenditure of
4certain unappropriated moneys, making corrections, and
5including effective date, applicability, and retroactive
6applicability provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
3AUTHORITY
4 Section 1. INSTRUCTIONAL SUPPORT STATE AID — FY
52023-2024. In lieu of the appropriation provided in section
6257.20, subsection 2, the appropriation for the fiscal year
7beginning July 1, 2023, and ending June 30, 2024, for paying
8instructional support state aid under section 257.20 for the
9fiscal year is zero.
10 Sec. 2. SPECIAL FUNDS — SALARY ADJUSTMENTS —
11UNAPPROPRIATED MONEYS — FY 2023-2024. For the fiscal
12year beginning July 1, 2023, and ending June 30, 2024,
13salary adjustments otherwise provided may be funded as
14determined by the department of management, subject to any
15applicable constitutional limitation, using unappropriated
16moneys remaining in the commerce revolving fund, the gaming
17enforcement revolving fund, the gaming regulatory revolving
18fund, the primary road fund, the road use tax fund, the fish
19and game protection fund, and the Iowa public employees’
20retirement fund, and in other departmental revolving, trust, or
21special funds for which the general assembly has not made an
22operating budget appropriation.
23 Sec. 3. DISTRIBUTIONS OF IOWA ECONOMIC EMERGENCY FUND
24EXCESS — FY 2022-2023.
251. Notwithstanding section 8.55, subsection 2, paragraphs
26“a” and “b”, for the fiscal year beginning July 1, 2022, and
27ending June 30, 2023, moneys in excess of the maximum balance
28of the Iowa economic emergency fund created in section 8.55
29shall be distributed as follows:
30a. An amount equal to the difference between the foundation
31property tax statewide under section 257.3 for the fiscal year
32beginning July 1, 2023, calculated using taxable valuations
33for the assessment year beginning January 1, 2022, following
34application of assessment limitations calculated under section
35441.21, Code 2023, and the foundation property tax statewide
-1-1under section 257.3 for the fiscal year beginning July 1,
22023, calculated using taxable valuations for the assessment
3year beginning January 1, 2022, following application of
4assessment limitations calculated under section 441.21, Code
52023, as amended by 2023 Iowa Acts, Senate File 181, shall be
6transferred to the general fund of the state to pay foundation
7aid under chapter 257 as described in section 257.16 for the
8fiscal year beginning July 1, 2023.
9b. Of the remaining moneys, if any, the difference between
10the actual net revenue for the general fund of the state for
11the fiscal year and the adjusted revenue estimate for the
12fiscal year, reduced by the amount transferred under paragraph
13“a”, shall be transferred to the taxpayer relief fund created
14in section 8.57E.
15c. The remaining moneys, if any, shall be transferred to the
16general fund of the state.
172. The amount to be transferred under subsection 1,
18paragraph “a”, shall be determined by the department of
19management on or before July 31, 2023. The department shall
20notify the legislative services agency of the department’s
21determination.
22 Sec. 4. Section 257.35, Code 2023, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 17A. Notwithstanding subsection 1, and in
25addition to the reduction applicable pursuant to subsection
262, the state aid for area education agencies and the portion
27of the combined district cost calculated for these agencies
28for the fiscal year beginning July 1, 2023, and ending June
2930, 2024, shall be reduced by the department of management by
30twenty-two million fifty-seven thousand one hundred thirty-one
31dollars. The reduction for each area education agency shall be
32prorated based on the reduction that the agency received in the
33fiscal year beginning July 1, 2003.
34 Sec. 5. Section 441.21, subsection 5, paragraph e,
35subparagraph (1), Code 2023, is amended to read as follows:
-2- 1(1) For the fiscal year beginning July 1, 2023, there
2is appropriated from the general fund of the state to the
3department of revenue the sum of one hundred twenty-two million
4three hundred fifty thousand dollars to be used for payments
5under this paragraph calculated as a result of the assessment
6limitations imposed under paragraph “b”, subparagraph (2),
7subparagraph division (a), and paragraph “c”, subparagraph (2),
8subparagraph division (a).For each fiscal year beginning on
9or after July 1, 2023 2024, there is appropriated from the
10general fund of the state to the department of revenue the
11sum of one hundred twenty-five million dollars to be used
12for payments under this paragraph calculated as a result
13of the assessment limitations imposed under paragraph “b”,
14subparagraph (2), subparagraph division (a), and paragraph “c”,
15subparagraph (2), subparagraph division (a).
16 Sec. 6. EFFECTIVE DATE. The following, being deemed of
17immediate importance, takes effect upon enactment:
18The section of this division of this Act providing for
19distributions of moneys in excess of the maximum balance of the
20Iowa economic emergency fund.
21DIVISION II
22CORRECTIVE PROVISIONS
23CORRECTIONS ASSOCIATED WITH SENATE FILE 514
24 Sec. 7. Section 15.342A, subsection 2, Code 2023, as amended
25by 2023 Iowa Acts, Senate File 514, section 2219, is amended
26to read as follows:
272. For the fiscal year beginning July 1, 2023, and for each
28fiscal year thereafter, there is annually appropriated from
29the workforce development fund account to the apprenticeship
30training program fund created in section 15B.3 84D.3 three
31million dollars for the purposes of chapter 15B 84D.
32 Sec. 8. Section 15C.1, subsection 3, paragraph b, Code 2023,
33is amended to read as follows:
34b. An apprenticeship sponsor receiving financial assistance
35under chapter 15B 84D or section 15C.2 84E.2 is ineligible for
-3-1financial assistance under this section during the same fiscal
2year.
3 Sec. 9. Section 15C.2, subsection 3, paragraph b, Code 2023,
4is amended to read as follows:
5b. An apprenticeship sponsor receiving financial assistance
6under chapter 15B 84D or section 15C.1 84E.1 is ineligible to
7receive financial assistance under this section during the same
8fiscal year. An apprenticeship sponsor who trains through
9a lead apprenticeship sponsor that qualifies for financial
10assistance under chapter 15B 84D is ineligible to receive
11financial assistance under this section.
12 Sec. 10. Section 22.7, subsection 31, Code 2023, is amended
13to read as follows:
1431. Memoranda, work products, and case files of a mediator
15and all other confidential communications in the possession of
16a mediator, as provided in chapters 86 chapter 10A, subchapter
17III, and chapter 216. Information in these confidential
18communications is subject to disclosure only as provided in
19sections 86.44 10A.332 and 216.15B, notwithstanding any other
20contrary provision of this chapter.
21 Sec. 11. Section 92.5, subsection 11, Code 2023, is amended
22to read as follows:
2311. Other work approved by the rules adopted pursuant to
24chapter 17A by the labor commissioner director.
25 Sec. 12. Section 100D.3, subsection 1, paragraph c, Code
262023, as amended by 2023 Iowa Acts, Senate File 514, section
271519, is amended to read as follows:
28c. Has received a passing score on the national inspection,
29testing, and certification star fire sprinkler mastery
30exam or on an equivalent exam from a nationally recognized
31third-party testing agency that is approved by the director,
32or is certified at level one by the national institute for
33certification in engineering technologies and as specified
34by rule by the director, or is certified by another entity
35approved by the fire marshal director.
-4-1 Sec. 13. Section 101.22, subsection 4, Code 2023, as amended
2by 2023 Iowa Acts, Senate File 514, section 1534, is amended
3to read as follows:
44. The registration notice of the owner or operator to the
5director under subsections 1 through 3 shall be accompanied
6by an annual fee of twenty dollars for each tank included in
7the notice. All moneys collected shall be retained by the
8department of inspections, appeals, and licensing and are
9appropriated for the use of the director. The annual renewal
10fee applies to all owners or operators who file a registration
11notice with the state fire marshal director pursuant to
12subsections 1 through 3.
13 Sec. 14. Section 101.24, subsection 4, paragraph a, Code
142023, as amended by 2023 Iowa Acts, Senate File 514, section
151536, is amended to read as follows:
16a. If the owner or operator of any property refuses
17admittance, or if prior to such refusal the director
18demonstrates the necessity for a warrant, the state fire
19marshal director may make application under oath or affirmation
20to the district court of the county in which the property is
21located for the issuance of a search warrant.
22 Sec. 15. Section 101A.1, subsection 2A, paragraph c,
23subparagraph (4), as enacted by 2023 Iowa Acts, House File 202,
24section 2, is amended to read as follows:
25(4) Any device the state fire marshal director determines is
26not likely to be used as a weapon or that is an antique.
27 Sec. 16. Section 103.14, Code 2023, as amended by 2023
28Iowa Acts, Senate File 514, section 1562, is amended to read
29as follows:
30103.14 Alarm installations.
31A person who is not licensed pursuant to this chapter may
32plan, lay out, or install electrical wiring, apparatus, and
33equipment for components of alarm systems that operate at
34seventy volt/amps (VA) or less, only if the person is certified
35to conduct such work pursuant to chapter 100C. Installations
-5-1of alarm systems that operate at seventy volt/amps (VA) or less
2are subject to inspection by state inspectors as provided in
3section 103.31, except that reports of such inspections, if
4the installation being inspected was performed by a person
5certified pursuant to chapter 100C, shall be submitted to the
6director and any action taken on a report of an inspection
7of an installation performed by a person certified pursuant
8to chapter 100C shall be taken by or at the direction of the
9state fire marshal director, unless the installation has been
10found to exceed the authority granted to the certificate holder
11pursuant to chapter 100C and therefore to be in violation of
12this chapter.
13 Sec. 17. Section 135.11A, subsection 1, Code 2023, as
14amended by 2023 Iowa Acts, Senate File 514, section 1580, is
15amended to read as follows:
161. Each board under chapters chapter 100C, 103, 103A,
17105, or 147 that are is under the administrative authority
18of the department, except the board of nursing, board of
19medicine, dental board, and board of pharmacy, shall receive
20administrative and clerical support from the department and
21may not employ its own support staff for administrative and
22clerical duties. The executive director of the board of
23nursing, board of medicine, dental board, and board of pharmacy
24shall be appointed pursuant to section 135.11B.
25 Sec. 18. Section 135R.1, subsection 2, as enacted by 2023
26Iowa Acts, Senate File 75, section 22, is amended to read as
27follows:
282. “Department” means the department of inspections, and
29 appeals, and licensing.
30 Sec. 19. Section 156.1A, Code 2023, as amended by 2023
31Iowa Acts, Senate File 514, section 1632, is amended to read
32as follows:
33156.1A Provision of services.
34Nothing contained in this chapter shall be construed
35as prohibiting the operation of any funeral home, funeral
-6-1establishment, or cremation establishment by any person,
2heir, fiduciary, firm, cooperative burial association, or
3corporation. However, each such person, firm, cooperative
4burial association, or corporation shall ensure that all
5mortuary science services are provided by a funeral director,
6and shall keep the Iowa department of inspections, appeals, and
7licensing advised of the name of the funeral director.
8 Sec. 20. Section 249K.2, subsection 6, Code 2023, as amended
9by 2023 Iowa Acts, Senate File 514, section 820, is amended to
10read as follows:
115. “New construction” means the construction of a new
12nursing facility which does not replace an existing licensed
13and certified facility and requires the provider to obtain a
14certificate of need pursuant to chapter 135 10A, subchapter VI
15 VII.
16 Sec. 21. Section 252D.16, subsection 1, as enacted by 2023
17Iowa Acts, Senate File 514, section 882, is amended to read as
18follows:
191. “Child support services” means the same as child
20supported support services created in section 252B.2.
21 Sec. 22. Section 252E.1, subsection 5, as enacted by 2023
22Iowa Acts, Senate File 514, section 895, is amended to read as
23follows:
245. “Child support services” means child support services
25created in section 252B.1 252B.2.
26 Sec. 23. Section 256.11, subsection 5A, paragraph a, if
27enacted by 2023 Iowa Acts, Senate File 391, section 14, is
28amended to read as follows:
29a. The board of directors of a school district or the
30authorities in charge of an accredited nonpublic school may
31authorize a teacher who is appropriately licensed by the board
32of educational examiners under chapter 272 to teach two or more
33sequential units of one subject area in the same classroom at
34the same time in grades nine through twelve. The board of
35directors of a school district or the authorities in charge
-7-1of an accredited nonpublic school shall award high school
2credit to a student upon the student’s successful completion of
3the course. The teacher must meet the minimum certification
4requirements of the national organization that administers the
5advanced placement program if one of the units being offered
6pursuant to this paragraph is an advanced placement course.
7 Sec. 24. Section 261G.4, subsection 5, Code 2023, as amended
8by 2023 Iowa Acts, Senate File 514, section 2640, is amended
9to read as follows:
105. Students attending a participating nonresident
11institution are ineligible for state student financial aid
12programs established under chapter 256, subchapter VII, part 4.
13 Sec. 25. Section 303.3B, subsection 3, Code 2023, as amended
14by 2023 Iowa Acts, Senate File 514, section 2087, is amended
15to read as follows:
163. The authority shall encourage development projects and
17activities located in certified cultural and entertainment
18districts through incentives under cultural grant programs
19pursuant to section 303.3 15.436, subchapter II, part 30, and
20any other applicable grant programs.
21 Sec. 26. Section 546.10, subsection 3, paragraph a, Code
222023, as amended by 2023 Iowa Acts, Senate File 514, section
231704, is amended to read as follows:
24a. The licensing and regulation examining boards included
25in the bureau department pursuant to subsection 1 retain the
26powers granted them pursuant to the chapters in which they are
27created, except for budgetary and personnel matters which shall
28be handled by the director. Each licensing board shall adopt
29rules pursuant to chapter 17A. Decisions by a licensing board
30are final agency actions for purposes of chapter 17A.
31 Sec. 27. Section 727.2, subsection 3, paragraph d, as
32enacted by 2023 Iowa Acts, House File 202, section 7, is
33amended to read as follows:
34d. Any retailer or community group offering for sale
35at retail any consumer fireworks shall do so in accordance
-8-1with the national fire protection association standard 1124,
2published in the code for the manufacture, transportation,
3storage, and retail sales of fireworks and pyrotechnic
4articles, 2006 edition, and shall not be subject to any other
5standards or requirements unless provided for by the state fire
6marshal director of the department of inspections, appeals, and
7licensing under section 100.19 10A.519.
8 Sec. 28. 2015 Iowa Acts, chapter 138, section 97, as amended
9by 2023 Iowa Acts, Senate File 514, section 1710, is amended
10to read as follows:
11SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
12LESSONS. Notwithstanding any provision of law to the contrary,
13the department of inspections, appeals, and licensing shall
14require that a residential swimming pool used for private
15swimming lessons for up to two hundred seven hours in a
16calendar month, or the number of hours prescribed by local
17ordinance applicable to such use of a residential swimming
18pool, whichever is greater, be regulated as a residential
19swimming pool used for commercial purposes pursuant to chapter
20135I. The department of public health inspections, appeals,
21and licensing may adopt rules to implement this section.
22 Sec. 29. 2021 Iowa Acts, chapter 45, section 5, is amended
23to read as follows:
24SEC. 5. APPLICABILITY. This Act applies to financial
25assistance provided by the economic development authority to
26apprenticeship sponsors and lead apprenticeship sponsors that
27apply for financial assistance on or after July 1, 2021.
28 Sec. 30. 2023 Iowa Acts, Senate File 514, section 2605, is
29amended to read as follows:
30SEC. 2605. APPLICABILITY. This portion of this division
31of this Act applies to individuals appointed as the executive
32director of the board of educational examiners before, on, or
33after the effective date of this division of this Act.
34 Sec. 31. 2023 Iowa Acts, Senate File 514, section 2643, is
35amended to read as follows:
-9- 1SEC. 2643. APPLICABILITY. This portion of this division
2of this Act applies to individuals appointed as the executive
3director of the college student aid commission before, on, or
4after the effective date of this division of this Act.
5 Sec. 32. EFFECTIVE DATE. The following, being deemed of
6immediate importance, take effect upon enactment:
71. The section of this division of this Act amending section
8101A.1, subsection 2A, paragraph “c”, subparagraph (4).
92. The section of this division of this Act amending section
10727.2, subsection 3, paragraph “d”.
11 Sec. 33. RETROACTIVE APPLICABILITY. The following apply
12retroactively to March 22, 2023:
131. The section of this division of this Act amending section
14101A.1, subsection 2A, paragraph “c”, subparagraph (4).
152. The section of this division of this Act amending section
16727.2, subsection 3, paragraph “d”.
17MISCELLANEOUS CORRECTIONS
18 Sec. 34. Section 12K.1, subsection 4, paragraph j, if
19enacted by 2023 Iowa Acts, Senate File 418, section 4, is
20amended by striking the paragraph.
21 Sec. 35. Section 12K.1, if enacted by 2023 Iowa Acts, Senate
22File 418, section 4, is amended by adding the following new
23subsection:
24 NEW SUBSECTION. 5. “Public fund” means the treasurer of
25state, the state board of regents, the public safety peace
26officers’ retirement system created in chapter 97A, the Iowa
27public employees’ retirement system created in chapter 97B, the
28statewide fire and police retirement system created in chapter
29411, or the judicial retirement system created in chapter 602.
30 Sec. 36. 2023 Iowa Acts, Senate File 418, if enacted, is
31amended by adding the following new section:
32 NEW SECTION. SEC. 9A. Section 35A.13, subsection 4,
33paragraph a, Code 2023, is amended to read as follows:
34a. Notwithstanding subsection 5, moneys in the fund, except
35so much of the fund as may be necessary to be kept on hand
-10-1for the making of disbursements under this section, shall
2be invested by the treasurer of state, in consultation with
3the commission and the public retirement systems committee
4established by section 97D.4, in any investments authorized for
5the Iowa public employees’ retirement system in section 97B.7A,
6including common stock, and subject to the requirements of
7chapters 12F, 12H, and 12J, and 12K, and the earnings therefrom
8shall be credited to the fund. The treasurer of state may
9execute contracts and agreements with investment advisors,
10consultants, and investment management and benefit consultant
11firms in the administration of investments of moneys in the
12fund.
13 Sec. 37. Section 135B.1, subsection 5, as enacted by 2023
14Iowa Acts, Senate File 75, section 1, is amended to read as
15follows:
165. “Rural emergency hospital” means a facility that provides
17rural emergency hospital services in the facility twenty-four
18hours per day, seven days per week; does not provide any acute
19care inpatient services with the exception of any distinct
20part of the facility licensed as a skilled nursing facility
21providing posthospital extended care services; and meets the
22criteria specified in section 135B.1A 135B.3A and the federal
23Consolidated Appropriations Act, Pub.L.No.116-260, §125.
24 Sec. 38. Section 147.164, subsection 2, paragraph a,
25unnumbered paragraph 1, as enacted by 2023 Iowa Acts, Senate
26File 538, section 1, is amended to read as follows:
27Except as otherwise provided in paragraph “c”, a health
28care professional shall not knowingly engage in or cause any
29of the following practices to be performed on a minor if the
30practice is performed for the purpose of attempting to alter
31the appearance of, or affirm the minor’s perception of, the
32minor’s gender or sex, if that appearance or perception is
33inconsistent with the minor’s sex.:
34 Sec. 39. Section 476.1A, subsection 6, paragraph c, if
35enacted by 2023 Iowa Acts, House File 599, section 1, is
-11-1amended to read as follows:
2c. “Safety standards” means applicable regulations
3promulgated by the United States occupational safety and health
4administration and by Iowa occupational safety and health
5by the administration the labor commissioner under chapter
688. Safety standards for electric utilities subject to this
7section also include outage notifications, safety standards
8contained in the national electric safety code, as published
9by the institute of electrical and electronic engineers, inc.,
10and electric safety standards approved by the American national
11standards institute.
12 Sec. 40. Section 521J.7, subsection 1, paragraph b,
13subparagraph (1), if enacted by 2023 Iowa Acts, Senate File
14549, section 10, is amended to read as follows:
15(1) Subject to subparagraph (2), the captive’s company
16 captive company’s report shall be filed no later than ninety
17calendar days after the close of the company’s fiscal year.
18 Sec. 41. Section 521J.19, subsection 3, unnumbered
19paragraph 1, if enacted by 2023 Iowa Acts, Senate File 549,
20section 22, is amended to read as follows:
21Notwithstanding chapter 507C or any other provision to of
22 law to the contrary, in the conservation, rehabilitation, or
23liquidation of a protected cell captive company, all of the
24following requirements shall be met:
25 Sec. 42. Section 533C.305, subsection 4, if enacted by 2023
26Iowa Acts, House File 675, section 14, is amended to read as
27follows:
284. If an applicant avails itself or is otherwise subject
29to a multistate licensing process, the superintendent is
30authorized and encouraged to accept the investigation results
31of a lead investigative state for the purpose of subsection
323, if the lead investigative state has sufficient staffing,
33expertise, and minimum standards. Additionally, if this
34state is a lead investigative state, the superintendent is
35authorized and encouraged to investigate the applicant pursuant
-12-1to subsection 3, and the time frames established by agreement
2through the multistate licensing process, provided, that in no
3case shall such time frame be noncompliant with the application
4period in subsection 1, paragraph “a”.
5 Sec. 43. Section 544C.1, subsection 1A, if enacted by 2023
6Iowa Acts, Senate File 135, section 1, is amended to read as
7follows:
8 NEW SUBSECTION. 1A. “Building equipment” means any
9mechanical, plumbing, electrical, or structural components,
10including a conveyance, designed for or located in a building
11or structure.
12 Sec. 44. CODE EDITOR DIRECTIVE. If House File 421 and House
13File 652 are both enacted by the first session of the 90th
14General Assembly, the Code editor shall change the term “barber
15school or school of cosmetology arts and sciences” to “school
16of barbering and cosmetology arts and sciences” wherever the
17term is enacted in House File 421.
18 Sec. 45. EFFECTIVE DATE. The following, being deemed of
19immediate importance, take effect upon enactment:
201. The section of this division of this Act amending section
21135B.1, subsection 5.
222. The section of this division of this Act amending section
23147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
24 Sec. 46. RETROACTIVE APPLICABILITY. The following applies
25retroactively to March 28, 2023:
26The section of this division of this Act amending section
27135B.1, subsection 5.
28 Sec. 47. APPLICABILITY. The following applies one hundred
29eighty days after March 22, 2023:
30The section of this division of this Act amending section
31147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
-13-1AUTHORITY. This bill reduces the standing appropriations for
2FY2023-2024 for instructional support state aid, state aid for
3area education agencies, and payments under Code section 441.21
4relating to certain property assessment limitations. The bill
5authorizes salary adjustments to be funded as determined by the
6department of management (DOM) from unappropriated moneys in
7certain special funds.
8The bill provides that for FY 2022-2023, moneys in excess
9of the maximum balance of the Iowa economic emergency fund
10shall not be distributed as provided in Code section 8.55(2),
11but shall instead be distributed as provided in the bill.
12Under the bill, moneys are first transferred to the general
13fund of the state in an amount equal to the difference in
14foundation property tax statewide based on 2023 Iowa Acts,
15Senate File 181, to pay foundation aid under Code chapter 257
16for FY2023-2024. The amount that would be distributed to
17the taxpayer relief fund under current law is reduced by the
18transferred amount. The transferred amount is to be determined
19by DOM. These provisions take effect upon enactment.
20CORRECTIVE PROVISIONS. The bill makes technical corrections
21to, or as the result of, legislation enacted or considered
22during the 2023 legislative session. Certain provisions take
23effect upon enactment and apply retroactively to the effective
24date of the amended legislation.
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