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Senate File 578 - EnrolledAn Actrelating to state finances, including by making,
modifying, limiting, or reducing appropriations,
distributions, or transfers, authorizing expenditure of
certain unappropriated moneys, making corrections, and
including effective date, applicability, and retroactive
applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
AUTHORITY
Section 1. LIMITATIONS OF STANDING APPROPRIATIONS — FY
2023-2024. Notwithstanding the standing appropriation in the
following designated section for the fiscal year beginning July
1, 2023, and ending June 30, 2024, 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 pupil
transportation under section 285.2:
.................................................. $8,997,091
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 2023-2024. In
lieu of the appropriation provided in section 257.20,
subsection 2, the appropriation for the fiscal year
beginning July 1, 2023, and ending June 30, 2024, for paying
instructional support state aid under section 257.20 for the
fiscal year is zero.
Sec. 3. SPECIAL FUNDS — SALARY ADJUSTMENTS —
UNAPPROPRIATED MONEYS — FY 2023-2024. For the fiscal
year beginning July 1, 2023, and ending June 30, 2024,
salary adjustments otherwise provided may be funded as
determined by the department of management, subject to any
applicable constitutional limitation, using unappropriated
moneys remaining in the commerce revolving fund, the gaming
enforcement revolving fund, the gaming regulatory revolving
fund, the primary road fund, the road use tax fund, the fish
and game protection fund, and the Iowa public employees’
retirement fund, and in other departmental revolving, trust, or
special funds for which the general assembly has not made an
-1-operating budget appropriation.
Sec. 4. DISTRIBUTIONS OF IOWA ECONOMIC EMERGENCY FUND
EXCESS — FY 2022-2023.
1. Notwithstanding section 8.55, subsection 2, paragraphs
“a” and “b”, for the fiscal year beginning July 1, 2022, and
ending June 30, 2023, moneys in excess of the maximum balance
of the Iowa economic emergency fund created in section 8.55
shall be distributed as follows:
a. An amount equal to the difference between the foundation
property tax statewide under section 257.3 for the fiscal year
beginning July 1, 2023, calculated using taxable valuations
for the assessment year beginning January 1, 2022, following
application of assessment limitations calculated under section
441.21, Code 2023, and the foundation property tax statewide
under section 257.3 for the fiscal year beginning July 1,
2023, calculated using taxable valuations for the assessment
year beginning January 1, 2022, following application of
assessment limitations calculated under section 441.21, Code
2023, as amended by 2023 Iowa Acts, Senate File 181, shall be
transferred to the general fund of the state to pay foundation
aid under chapter 257 as described in section 257.16 for the
fiscal year beginning July 1, 2023.
b. Of the remaining moneys, if any, the difference between
the actual net revenue for the general fund of the state for
the fiscal year and the adjusted revenue estimate for the
fiscal year, reduced by the amount transferred under paragraph
“a”, shall be transferred to the taxpayer relief fund created
in section 8.57E.
c. The remaining moneys, if any, shall be transferred to the
general fund of the state.
2. The amount to be transferred under subsection 1,
paragraph “a”, shall be determined by the department of
management on or before July 31, 2023. The department shall
notify the legislative services agency of the department’s
determination.
-2- Sec. 5. Section 257.35, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 17A. 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, 2023, and ending June
30, 2024, shall be reduced by the department of management by
twenty-two million fifty-seven thousand one hundred thirty-one
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.
Sec. 6. Section 441.21, subsection 5, paragraph e,
subparagraph (1), Code 2023, is amended to read as follows:
(1) For the fiscal year beginning July 1, 2023, there
is appropriated from the general fund of the state to the
department of revenue the sum of one hundred twenty-two million
three hundred fifty thousand dollars to be used for payments
under this paragraph calculated as a result of the assessment
limitations imposed under paragraph “b”, subparagraph (2),
subparagraph division (a), and paragraph “c”, subparagraph (2),
subparagraph division (a).For each fiscal year beginning on
or after July 1, 2023 2024, there is appropriated from the
general fund of the state to the department of revenue the
sum of one hundred twenty-five million dollars to be used
for payments under this paragraph calculated as a result
of the assessment limitations imposed under paragraph “b”,
subparagraph (2), subparagraph division (a), and paragraph “c”,
subparagraph (2), subparagraph division (a).
Sec. 7. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this division of this Act providing for
distributions of moneys in excess of the maximum balance of the
Iowa economic emergency fund.
DIVISION II
-3-CORRECTIVE PROVISIONS
CORRECTIONS ASSOCIATED WITH SENATE FILE 514
Sec. 8. Section 15.342A, subsection 2, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 2219, is amended
to read as follows:
2. For the fiscal year beginning July 1, 2023, and for each
fiscal year thereafter, there is annually appropriated from
the workforce development fund account to the apprenticeship
training program fund created in section 15B.3 84D.3 three
million dollars for the purposes of chapter 15B 84D.
Sec. 9. Section 15C.1, subsection 3, paragraph b, Code 2023,
is amended to read as follows:
b. An apprenticeship sponsor receiving financial assistance
under chapter 15B 84D or section 15C.2 84E.2 is ineligible for
financial assistance under this section during the same fiscal
year.
Sec. 10. Section 15C.2, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. An apprenticeship sponsor receiving financial assistance
under chapter 15B 84D or section 15C.1 84E.1 is ineligible to
receive financial assistance under this section during the same
fiscal year. An apprenticeship sponsor who trains through
a lead apprenticeship sponsor that qualifies for financial
assistance under chapter 15B 84D is ineligible to receive
financial assistance under this section.
Sec. 11. Section 22.7, subsection 31, Code 2023, is amended
to read as follows:
31. Memoranda, work products, and case files of a mediator
and all other confidential communications in the possession of
a mediator, as provided in chapters 86 chapter 10A, subchapter
III, and chapter 216. Information in these confidential
communications is subject to disclosure only as provided in
sections 86.44 10A.332 and 216.15B, notwithstanding any other
contrary provision of this chapter.
Sec. 12. Section 92.5, subsection 11, Code 2023, is amended
-4-to read as follows:
11. Other work approved by the rules adopted pursuant to
chapter 17A by the labor commissioner director.
Sec. 13. Section 100D.3, subsection 1, paragraph c, Code
2023, as amended by 2023 Iowa Acts, Senate File 514, section
1519, is amended to read as follows:
c. Has received a passing score on the national inspection,
testing, and certification star fire sprinkler mastery
exam or on an equivalent exam from a nationally recognized
third-party testing agency that is approved by the director,
or is certified at level one by the national institute for
certification in engineering technologies and as specified
by rule by the director, or is certified by another entity
approved by the fire marshal director.
Sec. 14. Section 101.22, subsection 4, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 1534, is amended
to read as follows:
4. The registration notice of the owner or operator to the
director under subsections 1 through 3 shall be accompanied
by an annual fee of twenty dollars for each tank included in
the notice. All moneys collected shall be retained by the
department of inspections, appeals, and licensing and are
appropriated for the use of the director. The annual renewal
fee applies to all owners or operators who file a registration
notice with the state fire marshal director pursuant to
subsections 1 through 3.
Sec. 15. Section 101.24, subsection 4, paragraph a, Code
2023, as amended by 2023 Iowa Acts, Senate File 514, section
1536, is amended to read as follows:
a. If the owner or operator of any property refuses
admittance, or if prior to such refusal the director
demonstrates the necessity for a warrant, the state fire
marshal director may make application under oath or affirmation
to the district court of the county in which the property is
located for the issuance of a search warrant.
-5- Sec. 16. Section 101A.1, subsection 2A, paragraph c,
subparagraph (4), as enacted by 2023 Iowa Acts, House File 202,
section 2, is amended to read as follows:
(4) Any device the state fire marshal director determines is
not likely to be used as a weapon or that is an antique.
Sec. 17. Section 103.14, Code 2023, as amended by 2023
Iowa Acts, Senate File 514, section 1562, is amended to read
as follows:
103.14 Alarm installations.
A person who is not licensed pursuant to this chapter may
plan, lay out, or install electrical wiring, apparatus, and
equipment for components of alarm systems that operate at
seventy volt/amps (VA) or less, only if the person is certified
to conduct such work pursuant to chapter 100C. Installations
of alarm systems that operate at seventy volt/amps (VA) or less
are subject to inspection by state inspectors as provided in
section 103.31, except that reports of such inspections, if
the installation being inspected was performed by a person
certified pursuant to chapter 100C, shall be submitted to the
director and any action taken on a report of an inspection
of an installation performed by a person certified pursuant
to chapter 100C shall be taken by or at the direction of the
state fire marshal director, unless the installation has been
found to exceed the authority granted to the certificate holder
pursuant to chapter 100C and therefore to be in violation of
this chapter.
Sec. 18. Section 135.11A, subsection 1, Code 2023, as
amended by 2023 Iowa Acts, Senate File 514, section 1580, is
amended to read as follows:
1. Each board under chapters chapter 100C, 103, 103A,
105, or 147 that are is under the administrative authority
of the department, except the board of nursing, board of
medicine, dental board, and board of pharmacy, shall receive
administrative and clerical support from the department and
may not employ its own support staff for administrative and
-6-clerical duties. The executive director of the board of
nursing, board of medicine, dental board, and board of pharmacy
shall be appointed pursuant to section 135.11B.
Sec. 19. Section 135B.34, subsection 7, Code 2023, as
amended by 2023 Iowa Acts, Senate File 514, section 166, is
amended to read as follows:
7. For the purposes of this section, “comprehensive
preliminary background check” and “record check evaluation
system” mean:
a. “Comprehensive preliminary background check” meansthe
same as defined in section 135C.1.
b. “Record check evaluation system” means the same as
defined in section 135C.1.
Sec. 20. Section 135R.1, subsection 2, as enacted by 2023
Iowa Acts, Senate File 75, section 22, is amended to read as
follows:
2. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 21. Section 156.1A, Code 2023, as amended by 2023
Iowa Acts, Senate File 514, section 1632, is amended to read
as follows:
156.1A Provision of services.
Nothing contained in this chapter shall be construed
as prohibiting the operation of any funeral home, funeral
establishment, or cremation establishment by any person,
heir, fiduciary, firm, cooperative burial association, or
corporation. However, each such person, firm, cooperative
burial association, or corporation shall ensure that all
mortuary science services are provided by a funeral director,
and shall keep the Iowa department of inspections, appeals, and
licensing advised of the name of the funeral director.
Sec. 22. Section 249K.2, subsection 6, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 820, is amended to
read as follows:
5. “New construction” means the construction of a new
-7-nursing facility which does not replace an existing licensed
and certified facility and requires the provider to obtain a
certificate of need pursuant to chapter 135 10A, subchapter VI
VII.
Sec. 23. Section 252D.16, subsection 1, as enacted by 2023
Iowa Acts, Senate File 514, section 882, is amended to read as
follows:
1. “Child support services” means the same as child
supported support services created in section 252B.2.
Sec. 24. Section 252E.1, subsection 5, as enacted by 2023
Iowa Acts, Senate File 514, section 895, is amended to read as
follows:
5. “Child support services” means child support services
created in section 252B.1 252B.2.
Sec. 25. Section 256.11, subsection 5A, paragraph a, if
enacted by 2023 Iowa Acts, Senate File 391, section 14, is
amended to read as follows:
a. The board of directors of a school district or the
authorities in charge of an accredited nonpublic school may
authorize a teacher who is appropriately licensed by the board
of educational examiners under chapter 272 to teach two or more
sequential units of one subject area in the same classroom at
the same time in grades nine through twelve. The board of
directors of a school district or the authorities in charge
of an accredited nonpublic school shall award high school
credit to a student upon the student’s successful completion of
the course. The teacher must meet the minimum certification
requirements of the national organization that administers the
advanced placement program if one of the units being offered
pursuant to this paragraph is an advanced placement course.
Sec. 26. Section 261G.4, subsection 5, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 2640, is amended
to read as follows:
5. Students attending a participating nonresident
institution are ineligible for state student financial aid
-8-programs established under chapter 256, subchapter VII, part 4.
Sec. 27. Section 303.3B, subsection 3, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 2087, is amended
to read as follows:
3. The authority shall encourage development projects and
activities located in certified cultural and entertainment
districts through incentives under cultural grant programs
pursuant to section 303.3 15.436, subchapter II, part 30, and
any other applicable grant programs.
Sec. 28. Section 546.10, subsection 3, paragraph a, Code
2023, as amended by 2023 Iowa Acts, Senate File 514, section
1704, is amended to read as follows:
a. The licensing and regulation examining boards included
in the bureau department pursuant to subsection 1 retain the
powers granted them pursuant to the chapters in which they are
created, except for budgetary and personnel matters which shall
be handled by the director. Each licensing board shall adopt
rules pursuant to chapter 17A. Decisions by a licensing board
are final agency actions for purposes of chapter 17A.
Sec. 29. Section 727.2, subsection 3, paragraph d, as
enacted by 2023 Iowa Acts, House File 202, section 7, is
amended to read as follows:
d. Any retailer or community group offering for sale
at retail any consumer fireworks shall do so in accordance
with the national fire protection association standard 1124,
published in the code for the manufacture, transportation,
storage, and retail sales of fireworks and pyrotechnic
articles, 2006 edition, and shall not be subject to any other
standards or requirements unless provided for by the state fire
marshal director of the department of inspections, appeals, and
licensing under section 100.19 10A.519.
Sec. 30. 2015 Iowa Acts, chapter 138, section 97, as amended
by 2023 Iowa Acts, Senate File 514, section 1710, is amended
to read as follows:
SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
-9-LESSONS. Notwithstanding any provision of law to the contrary,
the department of inspections, appeals, and licensing shall
require that a residential swimming pool used for private
swimming lessons for up to two hundred seven hours in a
calendar month, or the number of hours prescribed by local
ordinance applicable to such use of a residential swimming
pool, whichever is greater, be regulated as a residential
swimming pool used for commercial purposes pursuant to chapter
135I. The department of public health inspections, appeals,
and licensing may adopt rules to implement this section.
Sec. 31. 2021 Iowa Acts, chapter 45, section 5, is amended
to read as follows:
SEC. 5. APPLICABILITY. This Act applies to financial
assistance provided by the economic development authority to
apprenticeship sponsors and lead apprenticeship sponsors that
apply for financial assistance on or after July 1, 2021.
Sec. 32. 2023 Iowa Acts, Senate File 514, section 2605, is
amended to read as follows:
SEC. 2605. APPLICABILITY. This portion of this division
of this Act applies to individuals appointed as the executive
director of the board of educational examiners before, on, or
after the effective date of this division of this Act.
Sec. 33. 2023 Iowa Acts, Senate File 514, section 2643, is
amended to read as follows:
SEC. 2643. APPLICABILITY. This portion of this division
of this Act applies to individuals appointed as the executive
director of the college student aid commission before, on, or
after the effective date of this division of this Act.
MISCELLANEOUS CORRECTIONS
Sec. 34. Section 12K.1, subsection 4, paragraph j, if
enacted by 2023 Iowa Acts, Senate File 418, section 4, is
amended by striking the paragraph.
Sec. 35. Section 12K.1, if enacted by 2023 Iowa Acts, Senate
File 418, section 4, is amended by adding the following new
subsection:
-10- NEW SUBSECTION. 5. “Public fund” means the treasurer of
state, the state board of regents, the public safety peace
officers’ retirement system created in chapter 97A, the Iowa
public employees’ retirement system created in chapter 97B, the
statewide fire and police retirement system created in chapter
411, or the judicial retirement system created in chapter 602.
Sec. 36. 2023 Iowa Acts, Senate File 418, if enacted, is
amended by adding the following new section:
NEW SECTION. SEC. 9A. Section 35A.13, subsection 4,
paragraph a, Code 2023, is amended to read as follows:
a. Notwithstanding subsection 5, moneys in the fund, except
so much of the fund as may be necessary to be kept on hand
for the making of disbursements under this section, shall
be invested by the treasurer of state, in consultation with
the commission and the public retirement systems committee
established by section 97D.4, in any investments authorized for
the Iowa public employees’ retirement system in section 97B.7A,
including common stock, and subject to the requirements of
chapters 12F, 12H, and 12J, and 12K, and the earnings therefrom
shall be credited to the fund. The treasurer of state may
execute contracts and agreements with investment advisors,
consultants, and investment management and benefit consultant
firms in the administration of investments of moneys in the
fund.
Sec. 37. Section 135B.1, subsection 5, as enacted by 2023
Iowa Acts, Senate File 75, section 1, is amended to read as
follows:
5. “Rural emergency hospital” means a facility that provides
rural emergency hospital services in the facility twenty-four
hours per day, seven days per week; does not provide any acute
care inpatient services with the exception of any distinct
part of the facility licensed as a skilled nursing facility
providing posthospital extended care services; and meets the
criteria specified in section 135B.1A 135B.3A and the federal
Consolidated Appropriations Act, Pub.L.No.116-260, §125.
-11- Sec. 38. Section 135R.3, subsections 1 and 2, as enacted by
2023 Iowa Acts, Senate File 75, section 24, are amended to read
as follows:
1. An applicant for an ambulatory surgical center license
shall submit an application to the department. Applications
shall be upon such forms and shall include such information
as the department may reasonably require, which may include
affirmative evidence of the ability to comply with reasonable
rules and standards prescribed under this chapter but which
shall not exceed the requirements for applications required by
Medicare or an accrediting organization with deeming authority
authorized by the centers for Medicare and Medicaid services of
the United States department of health and human services.
2. An applicant for an initial ambulatory surgical center
license that has been certified by Medicare or an accrediting
organization with deeming authority authorized by the centers
for Medicare and Medicaid services of the United States
department of health and human services shall be granted an
initial license.
Sec. 39. Section 147.164, subsection 2, paragraph a,
unnumbered paragraph 1, as enacted by 2023 Iowa Acts, Senate
File 538, section 1, is amended to read as follows:
Except as otherwise provided in paragraph “c”, a health
care professional shall not knowingly engage in or cause any
of the following practices to be performed on a minor if the
practice is performed for the purpose of attempting to alter
the appearance of, or affirm the minor’s perception of, the
minor’s gender or sex, if that appearance or perception is
inconsistent with the minor’s sex.:
Sec. 40. Section 476.1A, subsection 6, paragraph c, if
enacted by 2023 Iowa Acts, House File 599, section 1, is
amended to read as follows:
c. “Safety standards” means applicable regulations
promulgated by the United States occupational safety and health
administration and by Iowa occupational safety and health
-12-by the administration the labor commissioner under chapter
88. Safety standards for electric utilities subject to this
section also include outage notifications, safety standards
contained in the national electric safety code, as published
by the institute of electrical and electronic engineers, inc.,
and electric safety standards approved by the American national
standards institute.
Sec. 41. Section 521J.7, subsection 1, paragraph b,
subparagraph (1), if enacted by 2023 Iowa Acts, Senate File
549, section 10, is amended to read as follows:
(1) Subject to subparagraph (2), the captive’s company
captive company’s report shall be filed no later than ninety
calendar days after the close of the company’s fiscal year.
Sec. 42. Section 521J.19, subsection 3, unnumbered
paragraph 1, if enacted by 2023 Iowa Acts, Senate File 549,
section 22, is amended to read as follows:
Notwithstanding chapter 507C or any other provision to of
law to the contrary, in the conservation, rehabilitation, or
liquidation of a protected cell captive company, all of the
following requirements shall be met:
Sec. 43. Section 533C.305, subsection 4, if enacted by 2023
Iowa Acts, House File 675, section 14, is amended to read as
follows:
4. If an applicant avails itself or is otherwise subject
to a multistate licensing process, the superintendent is
authorized and encouraged to accept the investigation results
of a lead investigative state for the purpose of subsection
3, if the lead investigative state has sufficient staffing,
expertise, and minimum standards. Additionally, if this
state is a lead investigative state, the superintendent is
authorized and encouraged to investigate the applicant pursuant
to subsection 3, and the time frames established by agreement
through the multistate licensing process, provided, that in no
case shall such time frame be noncompliant with the application
period in subsection 1, paragraph “a”.
-13- Sec. 44. Section 533C.804, subsection 1, paragraph m,
subparagraph (1), subparagraph division (d), if enacted by 2023
Iowa Acts, House File 675, section 35, is amended to read as
follows:
(d) Contain an issue date and expiration date, and expressly
provide for automatic extension, without written amendment,
for an additional period of one year from the present or each
future expiration date, unless the issuer of the letter of
credit notifies the superintendent in writing by certified
or registered mail or courier mail or other receipted means,
at least sixty days prior to any expiration date, that the
irrevocable letter of credit shall not be extended. In the
event of any notice of expiration or nonextension of a letter
of credit issued under this subparagraph division, the licensee
shall be required to demonstrate to the satisfaction of the
superintendent, fifteen days prior to expiration, that the
licensee maintains and will maintain permissible investments
in accordance with section 533C.803, subsection 1, upon the
expiration of the letter of credit. If the licensee is not
able to do so, the superintendent may draw on the letter of
credit in an amount up to the amount necessary to meet the
licensee’s requirements to maintain permissible investments
in accordance with section 533C.803, subsection 1. Any
such draw shall be offset against the licensee’s outstanding
money transmission obligations. The drawn funds shall be
held in trust by the superintendent or the superintendent’s
designated agent, to the extent authorized by law, as agent for
the benefit of the purchasers and holders of the licensee’s
outstanding money transmission obligations.
Sec. 45. Section 544C.1, subsection 1A, if enacted by 2023
Iowa Acts, Senate File 135, section 1, is amended to read as
follows:
NEW SUBSECTION. 1A. “Building equipment” means any
mechanical, plumbing, electrical, or structural components,
including a conveyance, designed for or located in a building
-14-or structure.
Sec. 46. CODE EDITOR DIRECTIVE. If House File 421 and House
File 652 are both enacted by the first session of the 90th
General Assembly, the Code editor shall change the term “barber
school or school of cosmetology arts and sciences” to “school
of barbering and cosmetology arts and sciences” wherever the
term is enacted in House File 421.
Sec. 47. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act amending section
135B.1, subsection 5.
2. The section of this division of this Act amending section
147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
Sec. 48. RETROACTIVE APPLICABILITY. The following applies
retroactively to March 28, 2023:
The section of this division of this Act amending section
135B.1, subsection 5.
Sec. 49. APPLICABILITY. The following applies one hundred
eighty days after March 22, 2023:
The section of this division of this Act amending section
147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 578, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorns/jh
modifying, limiting, or reducing appropriations,
distributions, or transfers, authorizing expenditure of
certain unappropriated moneys, making corrections, and
including effective date, applicability, and retroactive
applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
AUTHORITY
Section 1. LIMITATIONS OF STANDING APPROPRIATIONS — FY
2023-2024. Notwithstanding the standing appropriation in the
following designated section for the fiscal year beginning July
1, 2023, and ending June 30, 2024, 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 pupil
transportation under section 285.2:
.................................................. $8,997,091
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 2023-2024. In
lieu of the appropriation provided in section 257.20,
subsection 2, the appropriation for the fiscal year
beginning July 1, 2023, and ending June 30, 2024, for paying
instructional support state aid under section 257.20 for the
fiscal year is zero.
Sec. 3. SPECIAL FUNDS — SALARY ADJUSTMENTS —
UNAPPROPRIATED MONEYS — FY 2023-2024. For the fiscal
year beginning July 1, 2023, and ending June 30, 2024,
salary adjustments otherwise provided may be funded as
determined by the department of management, subject to any
applicable constitutional limitation, using unappropriated
moneys remaining in the commerce revolving fund, the gaming
enforcement revolving fund, the gaming regulatory revolving
fund, the primary road fund, the road use tax fund, the fish
and game protection fund, and the Iowa public employees’
retirement fund, and in other departmental revolving, trust, or
special funds for which the general assembly has not made an
-1-operating budget appropriation.
Sec. 4. DISTRIBUTIONS OF IOWA ECONOMIC EMERGENCY FUND
EXCESS — FY 2022-2023.
1. Notwithstanding section 8.55, subsection 2, paragraphs
“a” and “b”, for the fiscal year beginning July 1, 2022, and
ending June 30, 2023, moneys in excess of the maximum balance
of the Iowa economic emergency fund created in section 8.55
shall be distributed as follows:
a. An amount equal to the difference between the foundation
property tax statewide under section 257.3 for the fiscal year
beginning July 1, 2023, calculated using taxable valuations
for the assessment year beginning January 1, 2022, following
application of assessment limitations calculated under section
441.21, Code 2023, and the foundation property tax statewide
under section 257.3 for the fiscal year beginning July 1,
2023, calculated using taxable valuations for the assessment
year beginning January 1, 2022, following application of
assessment limitations calculated under section 441.21, Code
2023, as amended by 2023 Iowa Acts, Senate File 181, shall be
transferred to the general fund of the state to pay foundation
aid under chapter 257 as described in section 257.16 for the
fiscal year beginning July 1, 2023.
b. Of the remaining moneys, if any, the difference between
the actual net revenue for the general fund of the state for
the fiscal year and the adjusted revenue estimate for the
fiscal year, reduced by the amount transferred under paragraph
“a”, shall be transferred to the taxpayer relief fund created
in section 8.57E.
c. The remaining moneys, if any, shall be transferred to the
general fund of the state.
2. The amount to be transferred under subsection 1,
paragraph “a”, shall be determined by the department of
management on or before July 31, 2023. The department shall
notify the legislative services agency of the department’s
determination.
-2- Sec. 5. Section 257.35, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 17A. 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, 2023, and ending June
30, 2024, shall be reduced by the department of management by
twenty-two million fifty-seven thousand one hundred thirty-one
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.
Sec. 6. Section 441.21, subsection 5, paragraph e,
subparagraph (1), Code 2023, is amended to read as follows:
(1) For the fiscal year beginning July 1, 2023, there
is appropriated from the general fund of the state to the
department of revenue the sum of one hundred twenty-two million
three hundred fifty thousand dollars to be used for payments
under this paragraph calculated as a result of the assessment
limitations imposed under paragraph “b”, subparagraph (2),
subparagraph division (a), and paragraph “c”, subparagraph (2),
subparagraph division (a).For each fiscal year beginning on
or after July 1, 2023 2024, there is appropriated from the
general fund of the state to the department of revenue the
sum of one hundred twenty-five million dollars to be used
for payments under this paragraph calculated as a result
of the assessment limitations imposed under paragraph “b”,
subparagraph (2), subparagraph division (a), and paragraph “c”,
subparagraph (2), subparagraph division (a).
Sec. 7. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this division of this Act providing for
distributions of moneys in excess of the maximum balance of the
Iowa economic emergency fund.
DIVISION II
-3-CORRECTIVE PROVISIONS
CORRECTIONS ASSOCIATED WITH SENATE FILE 514
Sec. 8. Section 15.342A, subsection 2, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 2219, is amended
to read as follows:
2. For the fiscal year beginning July 1, 2023, and for each
fiscal year thereafter, there is annually appropriated from
the workforce development fund account to the apprenticeship
training program fund created in section 15B.3 84D.3 three
million dollars for the purposes of chapter 15B 84D.
Sec. 9. Section 15C.1, subsection 3, paragraph b, Code 2023,
is amended to read as follows:
b. An apprenticeship sponsor receiving financial assistance
under chapter 15B 84D or section 15C.2 84E.2 is ineligible for
financial assistance under this section during the same fiscal
year.
Sec. 10. Section 15C.2, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. An apprenticeship sponsor receiving financial assistance
under chapter 15B 84D or section 15C.1 84E.1 is ineligible to
receive financial assistance under this section during the same
fiscal year. An apprenticeship sponsor who trains through
a lead apprenticeship sponsor that qualifies for financial
assistance under chapter 15B 84D is ineligible to receive
financial assistance under this section.
Sec. 11. Section 22.7, subsection 31, Code 2023, is amended
to read as follows:
31. Memoranda, work products, and case files of a mediator
and all other confidential communications in the possession of
a mediator, as provided in chapters 86 chapter 10A, subchapter
III, and chapter 216. Information in these confidential
communications is subject to disclosure only as provided in
sections 86.44 10A.332 and 216.15B, notwithstanding any other
contrary provision of this chapter.
Sec. 12. Section 92.5, subsection 11, Code 2023, is amended
-4-to read as follows:
11. Other work approved by the rules adopted pursuant to
chapter 17A by the labor commissioner director.
Sec. 13. Section 100D.3, subsection 1, paragraph c, Code
2023, as amended by 2023 Iowa Acts, Senate File 514, section
1519, is amended to read as follows:
c. Has received a passing score on the national inspection,
testing, and certification star fire sprinkler mastery
exam or on an equivalent exam from a nationally recognized
third-party testing agency that is approved by the director,
or is certified at level one by the national institute for
certification in engineering technologies and as specified
by rule by the director, or is certified by another entity
approved by the fire marshal director.
Sec. 14. Section 101.22, subsection 4, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 1534, is amended
to read as follows:
4. The registration notice of the owner or operator to the
director under subsections 1 through 3 shall be accompanied
by an annual fee of twenty dollars for each tank included in
the notice. All moneys collected shall be retained by the
department of inspections, appeals, and licensing and are
appropriated for the use of the director. The annual renewal
fee applies to all owners or operators who file a registration
notice with the state fire marshal director pursuant to
subsections 1 through 3.
Sec. 15. Section 101.24, subsection 4, paragraph a, Code
2023, as amended by 2023 Iowa Acts, Senate File 514, section
1536, is amended to read as follows:
a. If the owner or operator of any property refuses
admittance, or if prior to such refusal the director
demonstrates the necessity for a warrant, the state fire
marshal director may make application under oath or affirmation
to the district court of the county in which the property is
located for the issuance of a search warrant.
-5- Sec. 16. Section 101A.1, subsection 2A, paragraph c,
subparagraph (4), as enacted by 2023 Iowa Acts, House File 202,
section 2, is amended to read as follows:
(4) Any device the state fire marshal director determines is
not likely to be used as a weapon or that is an antique.
Sec. 17. Section 103.14, Code 2023, as amended by 2023
Iowa Acts, Senate File 514, section 1562, is amended to read
as follows:
103.14 Alarm installations.
A person who is not licensed pursuant to this chapter may
plan, lay out, or install electrical wiring, apparatus, and
equipment for components of alarm systems that operate at
seventy volt/amps (VA) or less, only if the person is certified
to conduct such work pursuant to chapter 100C. Installations
of alarm systems that operate at seventy volt/amps (VA) or less
are subject to inspection by state inspectors as provided in
section 103.31, except that reports of such inspections, if
the installation being inspected was performed by a person
certified pursuant to chapter 100C, shall be submitted to the
director and any action taken on a report of an inspection
of an installation performed by a person certified pursuant
to chapter 100C shall be taken by or at the direction of the
state fire marshal director, unless the installation has been
found to exceed the authority granted to the certificate holder
pursuant to chapter 100C and therefore to be in violation of
this chapter.
Sec. 18. Section 135.11A, subsection 1, Code 2023, as
amended by 2023 Iowa Acts, Senate File 514, section 1580, is
amended to read as follows:
1. Each board under chapters chapter 100C, 103, 103A,
105, or 147 that are is under the administrative authority
of the department, except the board of nursing, board of
medicine, dental board, and board of pharmacy, shall receive
administrative and clerical support from the department and
may not employ its own support staff for administrative and
-6-clerical duties. The executive director of the board of
nursing, board of medicine, dental board, and board of pharmacy
shall be appointed pursuant to section 135.11B.
Sec. 19. Section 135B.34, subsection 7, Code 2023, as
amended by 2023 Iowa Acts, Senate File 514, section 166, is
amended to read as follows:
7. For the purposes of this section, “comprehensive
preliminary background check” and “record check evaluation
system” mean:
a. “Comprehensive preliminary background check” meansthe
same as defined in section 135C.1.
b. “Record check evaluation system” means the same as
defined in section 135C.1.
Sec. 20. Section 135R.1, subsection 2, as enacted by 2023
Iowa Acts, Senate File 75, section 22, is amended to read as
follows:
2. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 21. Section 156.1A, Code 2023, as amended by 2023
Iowa Acts, Senate File 514, section 1632, is amended to read
as follows:
156.1A Provision of services.
Nothing contained in this chapter shall be construed
as prohibiting the operation of any funeral home, funeral
establishment, or cremation establishment by any person,
heir, fiduciary, firm, cooperative burial association, or
corporation. However, each such person, firm, cooperative
burial association, or corporation shall ensure that all
mortuary science services are provided by a funeral director,
and shall keep the Iowa department of inspections, appeals, and
licensing advised of the name of the funeral director.
Sec. 22. Section 249K.2, subsection 6, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 820, is amended to
read as follows:
5. “New construction” means the construction of a new
-7-nursing facility which does not replace an existing licensed
and certified facility and requires the provider to obtain a
certificate of need pursuant to chapter 135 10A, subchapter VI
VII.
Sec. 23. Section 252D.16, subsection 1, as enacted by 2023
Iowa Acts, Senate File 514, section 882, is amended to read as
follows:
1. “Child support services” means the same as child
supported support services created in section 252B.2.
Sec. 24. Section 252E.1, subsection 5, as enacted by 2023
Iowa Acts, Senate File 514, section 895, is amended to read as
follows:
5. “Child support services” means child support services
created in section 252B.1 252B.2.
Sec. 25. Section 256.11, subsection 5A, paragraph a, if
enacted by 2023 Iowa Acts, Senate File 391, section 14, is
amended to read as follows:
a. The board of directors of a school district or the
authorities in charge of an accredited nonpublic school may
authorize a teacher who is appropriately licensed by the board
of educational examiners under chapter 272 to teach two or more
sequential units of one subject area in the same classroom at
the same time in grades nine through twelve. The board of
directors of a school district or the authorities in charge
of an accredited nonpublic school shall award high school
credit to a student upon the student’s successful completion of
the course. The teacher must meet the minimum certification
requirements of the national organization that administers the
advanced placement program if one of the units being offered
pursuant to this paragraph is an advanced placement course.
Sec. 26. Section 261G.4, subsection 5, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 2640, is amended
to read as follows:
5. Students attending a participating nonresident
institution are ineligible for state student financial aid
-8-programs established under chapter 256, subchapter VII, part 4.
Sec. 27. Section 303.3B, subsection 3, Code 2023, as amended
by 2023 Iowa Acts, Senate File 514, section 2087, is amended
to read as follows:
3. The authority shall encourage development projects and
activities located in certified cultural and entertainment
districts through incentives under cultural grant programs
pursuant to section 303.3 15.436, subchapter II, part 30, and
any other applicable grant programs.
Sec. 28. Section 546.10, subsection 3, paragraph a, Code
2023, as amended by 2023 Iowa Acts, Senate File 514, section
1704, is amended to read as follows:
a. The licensing and regulation examining boards included
in the bureau department pursuant to subsection 1 retain the
powers granted them pursuant to the chapters in which they are
created, except for budgetary and personnel matters which shall
be handled by the director. Each licensing board shall adopt
rules pursuant to chapter 17A. Decisions by a licensing board
are final agency actions for purposes of chapter 17A.
Sec. 29. Section 727.2, subsection 3, paragraph d, as
enacted by 2023 Iowa Acts, House File 202, section 7, is
amended to read as follows:
d. Any retailer or community group offering for sale
at retail any consumer fireworks shall do so in accordance
with the national fire protection association standard 1124,
published in the code for the manufacture, transportation,
storage, and retail sales of fireworks and pyrotechnic
articles, 2006 edition, and shall not be subject to any other
standards or requirements unless provided for by the state fire
marshal director of the department of inspections, appeals, and
licensing under section 100.19 10A.519.
Sec. 30. 2015 Iowa Acts, chapter 138, section 97, as amended
by 2023 Iowa Acts, Senate File 514, section 1710, is amended
to read as follows:
SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
-9-LESSONS. Notwithstanding any provision of law to the contrary,
the department of inspections, appeals, and licensing shall
require that a residential swimming pool used for private
swimming lessons for up to two hundred seven hours in a
calendar month, or the number of hours prescribed by local
ordinance applicable to such use of a residential swimming
pool, whichever is greater, be regulated as a residential
swimming pool used for commercial purposes pursuant to chapter
135I. The department of public health inspections, appeals,
and licensing may adopt rules to implement this section.
Sec. 31. 2021 Iowa Acts, chapter 45, section 5, is amended
to read as follows:
SEC. 5. APPLICABILITY. This Act applies to financial
assistance provided by the economic development authority to
apprenticeship sponsors and lead apprenticeship sponsors that
apply for financial assistance on or after July 1, 2021.
Sec. 32. 2023 Iowa Acts, Senate File 514, section 2605, is
amended to read as follows:
SEC. 2605. APPLICABILITY. This portion of this division
of this Act applies to individuals appointed as the executive
director of the board of educational examiners before, on, or
after the effective date of this division of this Act.
Sec. 33. 2023 Iowa Acts, Senate File 514, section 2643, is
amended to read as follows:
SEC. 2643. APPLICABILITY. This portion of this division
of this Act applies to individuals appointed as the executive
director of the college student aid commission before, on, or
after the effective date of this division of this Act.
MISCELLANEOUS CORRECTIONS
Sec. 34. Section 12K.1, subsection 4, paragraph j, if
enacted by 2023 Iowa Acts, Senate File 418, section 4, is
amended by striking the paragraph.
Sec. 35. Section 12K.1, if enacted by 2023 Iowa Acts, Senate
File 418, section 4, is amended by adding the following new
subsection:
-10- NEW SUBSECTION. 5. “Public fund” means the treasurer of
state, the state board of regents, the public safety peace
officers’ retirement system created in chapter 97A, the Iowa
public employees’ retirement system created in chapter 97B, the
statewide fire and police retirement system created in chapter
411, or the judicial retirement system created in chapter 602.
Sec. 36. 2023 Iowa Acts, Senate File 418, if enacted, is
amended by adding the following new section:
NEW SECTION. SEC. 9A. Section 35A.13, subsection 4,
paragraph a, Code 2023, is amended to read as follows:
a. Notwithstanding subsection 5, moneys in the fund, except
so much of the fund as may be necessary to be kept on hand
for the making of disbursements under this section, shall
be invested by the treasurer of state, in consultation with
the commission and the public retirement systems committee
established by section 97D.4, in any investments authorized for
the Iowa public employees’ retirement system in section 97B.7A,
including common stock, and subject to the requirements of
chapters 12F, 12H, and 12J, and 12K, and the earnings therefrom
shall be credited to the fund. The treasurer of state may
execute contracts and agreements with investment advisors,
consultants, and investment management and benefit consultant
firms in the administration of investments of moneys in the
fund.
Sec. 37. Section 135B.1, subsection 5, as enacted by 2023
Iowa Acts, Senate File 75, section 1, is amended to read as
follows:
5. “Rural emergency hospital” means a facility that provides
rural emergency hospital services in the facility twenty-four
hours per day, seven days per week; does not provide any acute
care inpatient services with the exception of any distinct
part of the facility licensed as a skilled nursing facility
providing posthospital extended care services; and meets the
criteria specified in section 135B.1A 135B.3A and the federal
Consolidated Appropriations Act, Pub.L.No.116-260, §125.
-11- Sec. 38. Section 135R.3, subsections 1 and 2, as enacted by
2023 Iowa Acts, Senate File 75, section 24, are amended to read
as follows:
1. An applicant for an ambulatory surgical center license
shall submit an application to the department. Applications
shall be upon such forms and shall include such information
as the department may reasonably require, which may include
affirmative evidence of the ability to comply with reasonable
rules and standards prescribed under this chapter but which
shall not exceed the requirements for applications required by
Medicare or an accrediting organization with deeming authority
authorized by the centers for Medicare and Medicaid services of
the United States department of health and human services.
2. An applicant for an initial ambulatory surgical center
license that has been certified by Medicare or an accrediting
organization with deeming authority authorized by the centers
for Medicare and Medicaid services of the United States
department of health and human services shall be granted an
initial license.
Sec. 39. Section 147.164, subsection 2, paragraph a,
unnumbered paragraph 1, as enacted by 2023 Iowa Acts, Senate
File 538, section 1, is amended to read as follows:
Except as otherwise provided in paragraph “c”, a health
care professional shall not knowingly engage in or cause any
of the following practices to be performed on a minor if the
practice is performed for the purpose of attempting to alter
the appearance of, or affirm the minor’s perception of, the
minor’s gender or sex, if that appearance or perception is
inconsistent with the minor’s sex.:
Sec. 40. Section 476.1A, subsection 6, paragraph c, if
enacted by 2023 Iowa Acts, House File 599, section 1, is
amended to read as follows:
c. “Safety standards” means applicable regulations
promulgated by the United States occupational safety and health
administration and by Iowa occupational safety and health
-12-by the administration the labor commissioner under chapter
88. Safety standards for electric utilities subject to this
section also include outage notifications, safety standards
contained in the national electric safety code, as published
by the institute of electrical and electronic engineers, inc.,
and electric safety standards approved by the American national
standards institute.
Sec. 41. Section 521J.7, subsection 1, paragraph b,
subparagraph (1), if enacted by 2023 Iowa Acts, Senate File
549, section 10, is amended to read as follows:
(1) Subject to subparagraph (2), the captive’s company
captive company’s report shall be filed no later than ninety
calendar days after the close of the company’s fiscal year.
Sec. 42. Section 521J.19, subsection 3, unnumbered
paragraph 1, if enacted by 2023 Iowa Acts, Senate File 549,
section 22, is amended to read as follows:
Notwithstanding chapter 507C or any other provision to of
law to the contrary, in the conservation, rehabilitation, or
liquidation of a protected cell captive company, all of the
following requirements shall be met:
Sec. 43. Section 533C.305, subsection 4, if enacted by 2023
Iowa Acts, House File 675, section 14, is amended to read as
follows:
4. If an applicant avails itself or is otherwise subject
to a multistate licensing process, the superintendent is
authorized and encouraged to accept the investigation results
of a lead investigative state for the purpose of subsection
3, if the lead investigative state has sufficient staffing,
expertise, and minimum standards. Additionally, if this
state is a lead investigative state, the superintendent is
authorized and encouraged to investigate the applicant pursuant
to subsection 3, and the time frames established by agreement
through the multistate licensing process, provided, that in no
case shall such time frame be noncompliant with the application
period in subsection 1, paragraph “a”.
-13- Sec. 44. Section 533C.804, subsection 1, paragraph m,
subparagraph (1), subparagraph division (d), if enacted by 2023
Iowa Acts, House File 675, section 35, is amended to read as
follows:
(d) Contain an issue date and expiration date, and expressly
provide for automatic extension, without written amendment,
for an additional period of one year from the present or each
future expiration date, unless the issuer of the letter of
credit notifies the superintendent in writing by certified
or registered mail or courier mail or other receipted means,
at least sixty days prior to any expiration date, that the
irrevocable letter of credit shall not be extended. In the
event of any notice of expiration or nonextension of a letter
of credit issued under this subparagraph division, the licensee
shall be required to demonstrate to the satisfaction of the
superintendent, fifteen days prior to expiration, that the
licensee maintains and will maintain permissible investments
in accordance with section 533C.803, subsection 1, upon the
expiration of the letter of credit. If the licensee is not
able to do so, the superintendent may draw on the letter of
credit in an amount up to the amount necessary to meet the
licensee’s requirements to maintain permissible investments
in accordance with section 533C.803, subsection 1. Any
such draw shall be offset against the licensee’s outstanding
money transmission obligations. The drawn funds shall be
held in trust by the superintendent or the superintendent’s
designated agent, to the extent authorized by law, as agent for
the benefit of the purchasers and holders of the licensee’s
outstanding money transmission obligations.
Sec. 45. Section 544C.1, subsection 1A, if enacted by 2023
Iowa Acts, Senate File 135, section 1, is amended to read as
follows:
NEW SUBSECTION. 1A. “Building equipment” means any
mechanical, plumbing, electrical, or structural components,
including a conveyance, designed for or located in a building
-14-or structure.
Sec. 46. CODE EDITOR DIRECTIVE. If House File 421 and House
File 652 are both enacted by the first session of the 90th
General Assembly, the Code editor shall change the term “barber
school or school of cosmetology arts and sciences” to “school
of barbering and cosmetology arts and sciences” wherever the
term is enacted in House File 421.
Sec. 47. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act amending section
135B.1, subsection 5.
2. The section of this division of this Act amending section
147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
Sec. 48. RETROACTIVE APPLICABILITY. The following applies
retroactively to March 28, 2023:
The section of this division of this Act amending section
135B.1, subsection 5.
Sec. 49. APPLICABILITY. The following applies one hundred
eighty days after March 22, 2023:
The section of this division of this Act amending section
147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 578, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorns/jh