Senate File 516 H-1448 Amend Senate File 516, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 STANDING APPROPRIATIONS AND RELATED MATTERS 6 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2018-2019. 7 1. For the budget process applicable to the fiscal year 8 beginning July 1, 2018, on or before October 1, 2017, in lieu 9 of the information specified in section 8.23, subsection 10 1, unnumbered paragraph 1, and section 8.23, subsection 1, 11 paragraph “a”, all departments and establishments of the 12 government shall transmit to the director of the department 13 of management, on blanks to be furnished by the director, 14 estimates of their expenditure requirements, including every 15 proposed expenditure, for the ensuing fiscal year, together 16 with supporting data and explanations as called for by the 17 director of the department of management after consultation 18 with the legislative services agency. 19 2. The estimates of expenditure requirements shall be 20 in a form specified by the director of the department of 21 management, and the expenditure requirements shall include all 22 proposed expenditures and shall be prioritized by program or 23 the results to be achieved. The estimates shall be accompanied 24 by performance measures for evaluating the effectiveness of the 25 programs or results. 26 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2019-2020. 27 1. For the budget process applicable to the fiscal year 28 beginning July 1, 2019, on or before October 1, 2018, in lieu 29 of the information specified in section 8.23, subsection 30 1, unnumbered paragraph 1, and section 8.23, subsection 1, 31 paragraph “a”, all departments and establishments of the 32 government shall transmit to the director of the department 33 of management, on blanks to be furnished by the director, 34 estimates of their expenditure requirements, including every 35 -1- SF516.2675 (1) 87 tm/rn 1/ 25 #1.
proposed expenditure, for the ensuing fiscal year, together 1 with supporting data and explanations as called for by the 2 director of the department of management after consultation 3 with the legislative services agency. 4 2. The estimates of expenditure requirements shall be 5 in a form specified by the director of the department of 6 management, and the expenditure requirements shall include all 7 proposed expenditures and shall be prioritized by program or 8 the results to be achieved. The estimates shall be accompanied 9 by performance measures for evaluating the effectiveness of the 10 programs or results. 11 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 12 2017-2018. Notwithstanding the standing appropriations 13 in the following designated sections for the fiscal year 14 beginning July 1, 2017, and ending June 30, 2018, the amounts 15 appropriated from the general fund of the state pursuant to 16 these sections for the following designated purposes shall not 17 exceed the following amounts: 18 1. For payment of claims for nonpublic school 19 transportation under section 285.2: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 21 If total approved claims for reimbursement for nonpublic 22 school pupil transportation exceed the amount appropriated in 23 accordance with this subsection, the department of education 24 shall prorate the amount of each approved claim. 25 2. For distribution for the tribal council of the Sac and 26 Fox Indian settlement for educating American Indian children 27 under section 256.30: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 95,750 29 Sec. 4. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 30 2018-2019. Notwithstanding the standing appropriations 31 in the following designated sections for the fiscal year 32 beginning July 1, 2018, and ending June 30, 2019, the amounts 33 appropriated from the general fund of the state pursuant to 34 these sections for the following designated purposes shall not 35 -2- SF516.2675 (1) 87 tm/rn 2/ 25
exceed the following amounts: 1 1. For payment of claims for nonpublic school 2 transportation under section 285.2: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 4 If total approved claims for reimbursement for nonpublic 5 school pupil transportation exceed the amount appropriated in 6 accordance with this subsection, the department of education 7 shall prorate the amount of each approved claim. 8 2. For distribution for the tribal council of the Sac and 9 Fox Indian settlement for educating American Indian children 10 under section 256.30: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 95,750 12 Sec. 5. GENERAL ASSEMBLY. 13 1. The appropriations made pursuant to section 2.12 for the 14 expenses of the general assembly and legislative agencies for 15 the fiscal year beginning July 1, 2017, and ending June 30, 16 2018, are reduced by the following amount: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 18 2. The budgeted amounts for the general assembly and 19 legislative agencies for the fiscal year beginning July 1, 20 2017, may be adjusted to reflect the unexpended budgeted 21 amounts from the previous fiscal year. 22 3. Annual membership dues for organizations, associations, 23 and conferences shall not be paid from moneys appropriated 24 pursuant to section 2.12. 25 4. Costs for out-of-state travel and per diems for 26 out-of-state travel shall not be paid from moneys appropriated 27 pursuant to section 2.12. 28 Sec. 6. INSTRUCTIONAL SUPPORT STATE AID —— FY 2017-2018. In 29 lieu of the appropriation provided in section 257.20, 30 subsection 2, the appropriation for the fiscal year 31 beginning July 1, 2017, and ending June 30, 2018, for paying 32 instructional support state aid under section 257.20 for such 33 fiscal years is zero. 34 Sec. 7. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— FY 2017-2018 35 -3- SF516.2675 (1) 87 tm/rn 3/ 25
—— FY 2018-2019. For the fiscal year beginning July 1, 2017, 1 and ending June 30, 2018, and for the fiscal year beginning 2 July 1, 2018, and ending June 30, 2019, salary adjustments may 3 be funded using departmental revolving, trust, or special funds 4 for which the general assembly has established an operating 5 budget, provided that doing so does not exceed the operating 6 budget established by the general assembly. 7 Sec. 8. OPERATIONAL APPROPRIATIONS —— REVERSION —— FY 8 2016-2017. Notwithstanding section 8.62, at the close of 9 the fiscal year beginning July 1, 2016, and ending June 30, 10 2017, any balance of an operational appropriation that remains 11 unexpended or unencumbered shall not be encumbered or deposited 12 in the cash reserve fund as provided in section 8.62, but shall 13 instead revert to the general fund of the state at the close of 14 the fiscal year as provided in section 8.33. 15 Sec. 9. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— 16 UNAPPROPRIATED MONEYS —— FY 2017-2018 —— FY 2018-2019. For the 17 fiscal year beginning July 1, 2017, and ending June 30, 2018, 18 and for the fiscal year beginning July 1, 2018, and ending 19 June 30, 2019, salary adjustments otherwise provided may be 20 funded as determined by the department of management using 21 unappropriated moneys remaining in the department of commerce 22 revolving fund, the gaming enforcement revolving fund, the 23 gaming regulatory revolving fund, the primary road fund, the 24 road use tax fund, the fish and game protection fund, the Iowa 25 public employees’ retirement fund, and in other departmental 26 revolving, trust, or special funds for which the general 27 assembly has not made an operating budget appropriation. 28 Sec. 10. SALARY MODEL ADMINISTRATOR. The salary model 29 administrator shall work in conjunction with the legislative 30 services agency to maintain the state’s salary model used for 31 analyzing, comparing, and projecting state employee salary 32 and benefit information, including information relating to 33 employees of the state board of regents. The department of 34 revenue, the department of administrative services, the five 35 -4- SF516.2675 (1) 87 tm/rn 4/ 25
institutions under the jurisdiction of the state board of 1 regents, the judicial district departments of correctional 2 services, and the state department of transportation shall 3 provide salary data to the department of management and the 4 legislative services agency to operate the state’s salary 5 model. The format and frequency of provision of the salary 6 data shall be determined by the department of management and 7 the legislative services agency. The information shall be 8 used in collective bargaining processes under chapter 20 and 9 in calculating the funding needs contained within the annual 10 salary adjustment legislation. A state employee organization 11 as defined in section 20.3, subsection 4, may request 12 information produced by the model, but the information provided 13 shall not contain information attributable to individual 14 employees. 15 Sec. 11. Section 257.35, Code 2017, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 11A. Notwithstanding subsection 1, and in 18 addition to the reduction applicable pursuant to subsection 19 2, the state aid for area education agencies and the portion 20 of the combined district cost calculated for these agencies 21 for the fiscal year beginning July 1, 2017, and ending June 22 30, 2018, shall be reduced by the department of management by 23 fifteen million dollars. The reduction for each area education 24 agency shall be prorated based on the reduction that the agency 25 received in the fiscal year beginning July 1, 2003. 26 Sec. 12. EFFECTIVE UPON ENACTMENT. The following provision 27 or provisions of this division of this Act, being deemed of 28 immediate importance, take effect upon enactment: 29 1. The section of this division of this Act reverting to 30 the general fund any unexpended or unencumbered moneys from 31 operational appropriations. 32 DIVISION II 33 MISCELLANEOUS APPROPRIATIONS 34 Sec. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding 35 -5- SF516.2675 (1) 87 tm/rn 5/ 25
section 8.56, subsection 3 and subsection 4, paragraph “a”, 1 there is transferred from the cash reserve fund created in 2 section 8.56 to the general fund of the state for the fiscal 3 year beginning July 1, 2016, and ending June 30, 2017, the 4 following amount: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,100,000 6 Sec. 14. CASH RESERVE FUND APPROPRIATION —— FY 7 2017-2018. There is appropriated from the general fund of the 8 state to the cash reserve fund created in section 8.56 for the 9 fiscal year beginning July 1, 2017, and ending June 30, 2018, 10 the following amount: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000 12 Sec. 15. CASH RESERVE FUND APPROPRIATION —— FY 13 2018-2019. There is appropriated from the general fund of the 14 state to the cash reserve fund for the fiscal year beginning 15 July 1, 2018, and ending June 30, 2019, the following amount: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $111,100,000 17 Sec. 16. SEXUAL ABUSE EVIDENCE COLLECTION KITS. There 18 is appropriated from the general fund of the state to the 19 department of public safety for the fiscal year beginning July 20 1, 2017, and ending June 30, 2018, the following amount, or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 For expediting the processing of sexual abuse evidence 24 collection kits, including salaries, support, maintenance, 25 miscellaneous purposes, and for not more than the following 26 full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 29 Sec. 17. DEPARTMENT OF EDUCATION —— VOCATIONAL 30 REHABILITATION SERVICES DIVISION. 31 1. There is appropriated from the general fund of the state 32 to the department of education for the fiscal year beginning 33 July 1, 2017, and ending June 30, 2018, the following amount, 34 or so much thereof as is necessary, to be used for the purposes 35 -6- SF516.2675 (1) 87 tm/rn 6/ 25
designated: 1 For purposes of meeting federal maintenance of effort 2 requirements: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 106,705 4 2. Moneys appropriated in this section shall supplement, 5 not supplant, moneys appropriated for the same purposes in 2017 6 Iowa Acts, House File 642, section 5, subsection 3, paragraph 7 “a”. 8 Sec. 18. GUBERNATORIAL TRANSITION. There is appropriated 9 from the general fund of the state to the offices of the 10 governor and the lieutenant governor for the fiscal year 11 beginning July 1, 2017, and ending June 30, 2018, the following 12 amount, or so much thereof as is necessary, to be used for the 13 purposes designated: 14 For expenses incurred during the gubernatorial transition: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 16 Sec. 19. EFFECTIVE UPON ENACTMENT. The following provision 17 or provisions of this division of this Act, being deemed of 18 immediate importance, take effect upon enactment: 19 1. The section of this division of this Act transferring 20 moneys from the cash reserve fund to the general fund of the 21 state for the fiscal year beginning July 1, 2016. 22 DIVISION III 23 MISCELLANEOUS PROVISIONS 24 Sec. 20. Section 2.43, unnumbered paragraph 1, Code 2017, 25 is amended to read as follows: 26 The legislative council in cooperation with the officers of 27 the senate and house shall have the duty and responsibility for 28 preparing for each session of the general assembly. Pursuant 29 to such duty and responsibility, the legislative council 30 shall assign the use of areas in the state capitol except for 31 the areas used by the governor as of January 1, 1986, and by 32 the courts as of July 1, 2003, and, in consultation with the 33 director of the department of administrative services and the 34 capitol planning commission, may assign areas in other state 35 -7- SF516.2675 (1) 87 tm/rn 7/ 25
office buildings for use of the general assembly or legislative 1 agencies. The legislative council shall provide the courts 2 with use of space in the state capitol for ceremonial purposes. 3 The legislative council may authorize the renovation, 4 remodeling and preparation of the physical facilities used or 5 to be used by the general assembly or legislative agencies 6 subject to the jurisdiction of the legislative council and 7 award contracts pursuant to such authority to carry out such 8 preparation. The legislative council may purchase supplies and 9 equipment deemed necessary for the proper functioning of the 10 legislative branch of government. 11 Sec. 21. Section 8A.322, subsection 2, Code 2017, is amended 12 to read as follows: 13 2. Except for buildings and grounds described in section 14 216B.3, subsection 6 ; section 2.43 , unnumbered paragraph 1; and 15 any buildings under the custody and control of the Iowa public 16 employees’ retirement system, the director shall assign office 17 space at the capitol, other state buildings, and elsewhere in 18 the city of Des Moines, and the state laboratories facility 19 in Ankeny, for all executive and judicial state agencies. 20 Assignments may be changed at any time. The various officers 21 to whom rooms have been so assigned may control the same while 22 the assignment to them is in force. Official apartments shall 23 be used only for the purpose of conducting the business of the 24 state. The term “capitol” or “capitol building” as used in the 25 Code shall be descriptive of all buildings upon the capitol 26 grounds. The capitol building itself is reserved for the 27 operations of the general assembly , and the governor, and , for 28 ceremonial purposes, for the courts and the . The assignment 29 and use of physical facilities for the general assembly shall 30 be pursuant to section 2.43 . 31 Sec. 22. Section 8C.7A, subsection 3, paragraph b, 32 unnumbered paragraph 1, if enacted by 2017 Iowa Acts, Senate 33 File 431, is amended to read as follows: 34 An authority shall not require a person to apply for or 35 -8- SF516.2675 (1) 87 tm/rn 8/ 25
enter into an individual license, franchise, or other agreement 1 with the authority or any other entity for the siting of 2 a small wireless facility on a utility pole located in a 3 public right-of-way. However, an authority may, through the 4 conditions set forth in a building permit obtained pursuant to 5 this subsection, do any of the following: 6 Sec. 23. NEW SECTION . 9.4A Technology modernization fund. 7 1. A technology modernization fund is created in the state 8 treasury under the control of the secretary of state. Moneys 9 in the fund are appropriated to the secretary of state for 10 purposes of modernizing technology used by the secretary of 11 state to fulfill the duties of office. 12 2. On and after July 1, 2017, any increased fee amount 13 collected by the secretary of state shall be credited to the 14 technology modernization fund. From each fee collected, the 15 amount credited to the fund equals the difference between the 16 fee amount collected and the amount assessed for the same fee 17 on June 30, 2017. 18 3. Each fiscal year, not more than two million dollars shall 19 be credited to the fund. 20 4. This section is repealed July 1, 2022. 21 Sec. 24. Section 270.10, Code 2017, is amended to read as 22 follows: 23 270.10 Merger requirements. 24 1. The state board of regents shall not merge the school 25 for the deaf at Council Bluffs with the Iowa braille and sight 26 saving school at Vinton or close either of those institutions 27 until all of the following requirements have been met: 28 1. a. The department of management has presented to the 29 general assembly a comprehensive plan, program, and fiscal 30 analysis of the existing circumstances and the circumstances 31 which would prevail upon the proposed merger or closing, 32 together with data which would support the contention that 33 the merger or closing will be more efficient and effective 34 than continuation of the existing facilities. The analysis 35 -9- SF516.2675 (1) 87 tm/rn 9/ 25
shall include a detailed study of the educational implications 1 of the merger or closing, the impact on the students, and 2 the opinions and research of nationally recognized experts 3 in the field of the education of visually impaired and deaf 4 students. The comprehensive plan shall further include a 5 study relating to the programming, fiscal consequences, and 6 political implications which would result if either a merger or 7 an agreement under chapter 28E should be implemented between 8 the school for the deaf in Council Bluffs and comparable state 9 programs in the state of Nebraska. 10 2. b. The general assembly has studied the plans, programs, 11 and fiscal analysis and has reviewed their impact on the 12 programs. 13 3. c. The general assembly has enacted legislation 14 authorizing either the closing or the merger to take effect not 15 sooner than two years after the enactment of the legislation. 16 2. This section shall not apply to an agreement related to 17 the sale or transfer of the property of the Iowa braille and 18 sight saving school at Vinton entered into between the state 19 of Iowa and the city of Vinton. 20 Sec. 25. Section 321N.4, subsection 6, Code 2017, is amended 21 to read as follows: 22 6. Insurance maintained under this chapter shall be 23 provided by an insurer governed by chapter 515 or 518 , or by 24 a surplus lines insurer governed by chapter 515I . A surplus 25 lines insurer that issues a policy pursuant to this section 26 shall be considered an insurance carrier duly authorized to 27 transact business in this state for the purposes of chapter 28 321A . 29 Sec. 26. NEW SECTION . 507B.15 Contracts between health 30 carriers and health care providers. 31 A contract between a health carrier and a health care 32 provider as defined in section 514J.102 in which rates for 33 reimbursement for health care services to beneficiaries of the 34 health carrier are mutually agreed upon shall not exceed five 35 -10- SF516.2675 (1) 87 tm/rn 10/ 25
years in duration. 1 Sec. 27. Section 509A.6, Code 2017, is amended to read as 2 follows: 3 509A.6 Contract with insurance carrier, health maintenance 4 organization, or organized delivery system. 5 The governing body , using a request for proposals process, 6 may contract with a nonprofit corporation operating under 7 the provisions of this chapter or chapter 514 or with any 8 insurance company having a certificate of authority to transact 9 an insurance business in this state with respect of a group 10 insurance plan, which may include life, accident, health, 11 hospitalization and disability insurance during period of 12 active service of such employees, with the right of any 13 employee to continue such life insurance in force after 14 termination of active service at such employee’s sole expense; 15 may contract with a nonprofit corporation operating under and 16 governed by the provisions of this chapter or chapter 514 17 with respect of any hospital or medical service plan; and 18 may contract with a health maintenance organization or an 19 organized delivery system authorized to operate in this state 20 with respect to health maintenance organization or organized 21 delivery system activities. 22 Sec. 28. ALCOHOLIC BEVERAGE CONTROL —— STUDY. 23 1. It is the intent of the general assembly that the 24 three-tiered system of regulating the alcohol beverage industry 25 is critical to maintaining a fair and competitive marketplace. 26 The study required by this section does not preclude the 27 alcoholic beverages division from applying regulatory 28 discretion that aligns with the performance of the powers and 29 duties granted to the administrator in chapter 123. 30 2. The alcoholic beverages division of the department of 31 commerce, in conjunction with other stakeholders the division 32 deems necessary, shall conduct a study concerning enforcement 33 issues related to alcoholic beverage control, including 34 consideration of the manner of properly balancing appropriate 35 -11- SF516.2675 (1) 87 tm/rn 11/ 25
regulation of the manufacturing, distribution, and sale of 1 alcoholic liquor, wine, and beer in this state with emerging 2 trends in the industry. 3 3. In conducting the study, the division shall consider 4 any other relevant issues the division identifies for study, 5 issues relating to the three-tiered system and section 123.45, 6 as it impacts the ability of manufacturers, wholesalers, and 7 retailers to meet changing marketplace conditions and business 8 opportunities. 9 4. By July 1, 2018, the division shall submit a final report 10 to the general assembly. The report shall provide the results 11 of the study including any findings and recommendations. 12 5. During the time period of the study and consideration of 13 the issue by the general assembly during the 2019 legislative 14 session, if an applicant has a conflict with section 123.45, 15 subsection 1, paragraphs “c” or “d”, the administrator 16 may elect to defer on a final determination regarding the 17 eligibility and issue a temporary license or permit with 18 conditions, if applicable. In making a determination of 19 whether to defer on a final determination, the administrator 20 shall balance regulatory principles and practices that ensure a 21 fair and competitive marketplace with the protections of the 22 public interests as provided in chapter 123. 23 6. This section is repealed July 1, 2019. 24 Sec. 29. TIME AND ATTENDANCE SOLUTION —— EXECUTIVE BRANCH. 25 1. By June 30, 2019, it is the intent of the general 26 assembly that executive branch agencies make use of an 27 existing master agreement entered into by the department of 28 administrative services on November 17, 2015, to develop a 29 statewide time and attendance solution. The statewide time 30 and attendance solution will have the ability to generate 31 savings within state government, minimize compliance risk, and 32 improve workforce productivity with a vendor who specializes in 33 measuring metrics to monitor performance and measures financial 34 and operational activities by incorporating modeling and data 35 -12- SF516.2675 (1) 87 tm/rn 12/ 25 #4.
analytics, baseline numbers, and any additional pertinent 1 information. 2 2. By November 30, 2017, the department of administrative 3 services shall submit a report to the fiscal committee 4 providing an implementation plan for the statewide time and 5 attendance solution and projected cost savings resulting from 6 such implementation. 7 Sec. 30. SEXUAL ABUSE EVIDENCE COLLECTION KITS. Any sexual 8 abuse evidence collection kit identified by a jurisdictional 9 law enforcement agency through the inventory required pursuant 10 to 2016 Iowa Acts, chapter 1042, shall be maintained by the law 11 enforcement agency indefinitely. A law enforcement agency in 12 possession of any sexual abuse evidence kit identified through 13 the inventory shall submit for analysis any kit at the request 14 of the department of justice. 15 Sec. 31. REPEAL. Chapter 304A, Code 2017, is repealed. 16 DIVISION IV 17 CORRECTIVE PROVISIONS 18 Sec. 32. Section 22.13A, subsection 5, paragraph b, as 19 enacted by 2017 Iowa Acts, House File 291, section 51, is 20 amended to read as follows: 21 b. If paragraph “a” , subparagraph (1) or (2) is not 22 consistent with the provision of a collective bargaining 23 agreement, a state agency shall provide the individuals 24 referenced in this subsection , as applicable, with regular 25 reports regarding any personnel settlement agreements entered 26 into with state employees by the state agency. 27 Sec. 33. Section 27.1, as enacted by 2017 Iowa Acts, Senate 28 File 499, section 1, is amended to read as follows: 29 27.1 Definitions. 30 1. For purposes of this section chapter : 31 a. 1. “Monitoring device” means a digital video or audio 32 streaming or recording device that is part of a system of 33 monitoring activity in an area or building using a system in 34 which signals are transmitted from a video camera or microphone 35 -13- SF516.2675 (1) 87 tm/rn 13/ 25 #2.
to the receivers by cables or wirelessly, forming a closed 1 circuit. 2 b. 2. “Public hospital” means a hospital licensed pursuant 3 to chapter 135B and governed pursuant to chapter 145A, 263, 4 347, 347A, or 392. 5 c. 3. “Public library” means a library district as 6 described in chapter 336. 7 d. 4. “Public school” means a school district as described 8 in chapter 274. 9 e. 5. “Reasonable expectation of privacy” means a person’s 10 reasonable belief, under the circumstances, that the person can 11 disrobe or partially disrobe in privacy without being concerned 12 that the person is being viewed, photographed, or filmed when 13 doing so. 14 Sec. 34. Section 73A.26, as enacted by 2017 Iowa Acts, 15 Senate File 438, section 6, is amended to read as follows: 16 73A.26 Purpose. 17 The purpose of this chapter subchapter is to provide for 18 more economical, nondiscriminatory, neutral, and efficient 19 procurement of construction-related goods and services by this 20 state and political subdivisions of this state. 21 Sec. 35. Section 80B.19, subsection 2, if enacted by 2017 22 Iowa Acts, Senate File 509, section 22, is amended to read as 23 follows: 24 2. Internal training funds in the internal training 25 clearing fund shall be administered by the academy and shall 26 consist of moneys collected by the academy from billings issued 27 in accordance with this chapter 80B , and any other moneys 28 obtained or accepted by the academy, including but not limited 29 to gifts, loans, donations, grants, and contributions, which 30 are obtained or designated to support the activities of the 31 academy. 32 Sec. 36. Section 84A.1A, subsection 1, paragraph a, 33 subparagraph (8), subparagraph division (b), subparagraph 34 subdivision (iii), as enacted by 2017 Iowa Acts, House File 35 -14- SF516.2675 (1) 87 tm/rn 14/ 25
572, section 1, is amended to read as follows: 1 (iii) Two representatives of community-based organizations 2 that have demonstrated experience and expertise in addressing 3 the employment, training, or education needs of individuals 4 with barriers to employment as defined in the federal Workforce 5 Innovation and Opportunity Act, Pub. L. No. 113-128, §3(24), 6 including but not limited to organizations that serve veterans , 7 or that provide or support competitive, integrated employment 8 for individuals with disabilities; or that serve eligible 9 youth, as defined in the federal Workforce Innovation and 10 Opportunity Act, Pub. L. No. 113-128, §3(18), including 11 representatives of organizations that serve out-of-school 12 youth, as defined in the federal Workforce Innovation and 13 Opportunity Act, Pub. L. No. 113-128, §129(a)(1)(B). 14 Sec. 37. Section 225D.1, subsection 8, Code 2017, as amended 15 by 2017 Iowa Acts, House File 215, section 1, is amended to 16 read as follows: 17 8. “Eligible individual” means a child less than fourteen 18 years of age who has been diagnosed with autism based on a 19 diagnostic assessment of autism, is not otherwise eligible for 20 coverage for applied behavioral analysis treatment or applied 21 behavior analysis treatment under the medical assistance 22 program, section 514C.28 , 514C.31 , or other private insurance 23 coverage, and whose household income does not exceed five 24 hundred percent of the federal poverty level. 25 Sec. 38. Section 261.9, subsection 2A, paragraph b, if 26 enacted by 2017 Iowa Acts, House File 642, section 15, is 27 amended to read as follows: 28 b. Is a barber school licensed under section 158.7 or 29 a school of cosmetology arts and sciences licensed under 30 chapter 157 and is accredited by a national accrediting agency 31 recognized by the United States department of education. For 32 the fiscal year beginning July 1, 2017, an eligible institution 33 under this paragraph shall provide a matching aggregate amount 34 of institutional financial aid equal to at least seventy-five 35 -15- SF516.2675 (1) 87 tm/rn 15/ 25
percent of the amount received by the institution’s students 1 for Iowa tuition grant assistance under section 261.16A. 2 For the fiscal year beginning July 1, 2018, the institution 3 shall provide a matching aggregate amount of institutional 4 financial aid equal to at least eighty-five percent of the 5 amount received in that fiscal year. Commencing with the 6 fiscal year beginning July 1, 2019, and each succeeding fiscal 7 year, the matching aggregate amount of institutional financial 8 aid shall be at least equal to the match provided by eligible 9 institutions under section 261.16A, subsection 2 paragraph “a” . 10 Sec. 39. 2017 Iowa Acts, House File 488, section 57, as 11 enacted, is amended by striking the section and inserting in 12 lieu thereof the following: 13 SEC. 57. Section 455B.474, subsection 2, paragraph a, 14 subparagraph (1), Code 2017, is amended to read as follows: 15 (1) (a) Financial responsibility required by this 16 subsection may be established in accordance with rules adopted 17 by the commission by any one, or any combination, of the 18 following methods: insurance, guarantee, surety bond, letter 19 (i) Insurance. 20 (ii) Guarantee. 21 (iii) Surety bond. 22 (iv) Letter of credit , or qualification . 23 (v) Qualification as a self-insurer. 24 (b) In adopting requirements under this subsection , the 25 commission may specify policy or other contractual terms, 26 conditions, or defenses which are necessary or are unacceptable 27 in establishing the evidence of financial responsibility. 28 Sec. 40. 2017 Iowa Acts, House File 642, section 44, 29 subsection 1, paragraph f, unnumbered paragraph 2, if enacted, 30 is amended to read as follows: 31 From the moneys appropriated in this lettered paragraph 32 “f”, not more than $50,000 shall be used by the department for 33 expenses associated with the activities of the secondary career 34 and technical programming task force convened pursuant to this 35 -16- SF516.2675 (1) 87 tm/rn 16/ 25
Act to provide statewide support for work-based learning . 1 Sec. 41. 2017 Iowa Acts, House File 642, section 52, 2 subsection 4, paragraph c, subparagraph (4), is amended to read 3 as follows: 4 (4) Notwithstanding section 8.33, of the moneys 5 appropriated in this paragraph “c” that remain unencumbered 6 or unobligated at the close of the fiscal year, an amount 7 equivalent to not more than 5 percent of the amount 8 appropriated in this paragraph “c” shall not revert by but 9 shall remain available for expenditure for summer programs for 10 students until the close of the succeeding fiscal year. 11 Sec. 42. 2017 Iowa Acts, House File 642, section 55, 12 subsection 1, paragraph f, unnumbered paragraph 2, if enacted, 13 is amended to read as follows: 14 From the moneys appropriated in this lettered paragraph 15 “f”, not more than $25,000 shall be used by the department for 16 expenses associated with the activities of the secondary career 17 and technical programming task force convened pursuant to this 18 Act to provide statewide support for work-based learning . 19 Sec. 43. 2017 Iowa Acts, Senate File 510, section 22, 20 subsection 1, if enacted, is amended to read as follows: 21 1. Notwithstanding section 466A.2, and the repeal of 22 chapter 466A as provided in this division of this Act, on and 23 after December 31, 2017, the department of agriculture and 24 land stewardship shall manage moneys credited to the watershed 25 improvement fund in the same manner as required in 2016 26 Acts, chapter 1134, section 35, including by making necessary 27 payments to satisfy any outstanding obligations incurred by the 28 watershed improvement review board prior to December 31, 2017. 29 Sec. 44. EFFECTIVE UPON ENACTMENT. The following sections 30 of this division of this Act, being deemed of immediate 31 importance, take effect upon enactment: 32 1. The section of this division of this Act amending section 33 22.13A, subsection 5, paragraph “b”. 34 2. The section of this division of this Act amending section 35 -17- SF516.2675 (1) 87 tm/rn 17/ 25
73A.26. 1 3. The section of this division of this Act amending 2 section 84A.1A, subsection 1, paragraph “a”, subparagraph (8), 3 subparagraph division (b), subparagraph subdivision (iii). 4 Sec. 45. EFFECTIVE DATE. The section of this division of 5 this Act amending section 225D.1, subsection 8, takes effect 6 January 1, 2018. 7 DIVISION V 8 WEAPONS 9 Sec. 46. Section 724.2A, as enacted by 2017 Iowa Acts, House 10 File 517, section 5, is amended to read as follows: 11 724.2A Peace officer and reserve peace officer —— defined. 12 As used in sections 724.4, 724.6 , and 724.11 , “peace officer” 13 means a certified “peace officer” and includes a reserve peace 14 officer as defined in section 80D.1A . 15 Sec. 47. Section 724.4C, subsection 1, unnumbered paragraph 16 1, as enacted by 2017 Iowa Acts, House File 517, section 8, is 17 amended to read as follows: 18 Except as provided in subsection 2, a person commits a 19 serious misdemeanor if the person is intoxicated as provided 20 under the conditions set out in section 321J.2, subsection 21 1 , paragraph “a” , “b” , or “c” , and the person does any of the 22 following: 23 Sec. 48. Section 724.17, subsection 1, as enacted by 2017 24 Iowa Acts, House File 517, section 22, is amended to read as 25 follows: 26 1. The application for a permit to acquire pistols or 27 revolvers may be made to the sheriff of the county of the 28 applicant’s residence and shall be on a form prescribed 29 and published by the commissioner of public safety. The 30 application shall require only the full name of the applicant, 31 the driver’s license or nonoperator’s identification card 32 number of the applicant, the residence of the applicant, and 33 the date and place of birth of the applicant , and whether the 34 applicant meets the criteria specified in section 724.15 . 35 -18- SF516.2675 (1) 87 tm/rn 18/ 25
The applicant shall also display an identification card that 1 bears a distinguishing number assigned to the cardholder, the 2 full name, date of birth, sex, residence address, and brief 3 description and color photograph of the cardholder, or other 4 identification as specified by rule of the department of public 5 safety. The sheriff shall conduct a criminal history check 6 concerning each applicant by obtaining criminal history data 7 from the department of public safety which shall include an 8 inquiry of the national instant criminal background check 9 system maintained by the federal bureau of investigation or any 10 successor agency. A person who makes what the person knows 11 to be a false statement of material fact on an application 12 submitted under this section or who submits what the person 13 knows to be any materially falsified or forged documentation in 14 connection with such an application commits a class “D” felony. 15 Sec. 49. Section 724.22, subsection 9, as enacted by 2017 16 Iowa Acts, House File 517, section 29, is amended to read as 17 follows: 18 9. A parent, guardian, spouse, or instructor, who knowingly 19 provides direct supervision under subsection 5, of a person 20 while intoxicated as provided under the conditions set out 21 in section 321J.2, subsection 1, or under the influence of 22 an illegal drug paragraph “a” , “b” , or “c” , commits child 23 endangerment in violation of section 726.6, subsection 1, 24 paragraph “i” . 25 Sec. 50. Section 726.6, subsection 1, paragraph i, as 26 enacted by 2017 Iowa Acts, House File 517, section 30, is 27 amended to read as follows: 28 i. Knowingly provides direct supervision of a person under 29 section 724.22, subsection 5, while intoxicated as provided 30 under the conditions set out in section 321J.2, subsection 1, 31 or under the influence of an illegal drug paragraph “a” , “b” , 32 or “c” . 33 Sec. 51. 2017 Iowa Acts, House File 517, section 50, 34 subsection 1, as enacted, is amended to read as follows: 35 -19- SF516.2675 (1) 87 tm/rn 19/ 25
1. The section sections of this Act amending section 1 sections 724.22 and 726.6 . 2 Sec. 52. REPEAL. 2017 Iowa Acts, House File 517, section 3 16, as enacted, is repealed. 4 Sec. 53. EFFECTIVE UPON ENACTMENT. The section of this 5 division of this Act amending 2017 Iowa Acts, House File 517, 6 section 50, subsection 1, being deemed of immediate importance, 7 takes effect upon enactment. 8 Sec. 54. RETROACTIVE APPLICABILITY. The section of this 9 division of this Act amending 2017 Iowa Acts, House File 517, 10 section 50, subsection 1, applies retroactively to April 13, 11 2017. 12 DIVISION VI 13 MERCHANT LINES 14 Sec. 55. Section 6A.21, subsection 1, Code 2017, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . 0a. “Aboveground merchant line” means 17 “merchant line” as defined in section 478.6A, subsection 1, 18 excluding those merchant lines that are underground. 19 Sec. 56. Section 6A.21, subsection 1, paragraph b, Code 20 2017, is amended to read as follows: 21 b. “Private development purposes” means the construction of, 22 or improvement related to, recreational trails, recreational 23 development paid for primarily with private funds, aboveground 24 merchant lines, housing and residential development, or 25 commercial or industrial enterprise development. 26 Sec. 57. Section 6A.21, subsection 2, Code 2017, is amended 27 to read as follows: 28 2. The limitation on the definition of public use, 29 public purpose, or public improvement does not apply to the 30 establishment, relocation, or improvement of a road pursuant 31 to chapter 306 , or to the establishment of a railway under the 32 supervision of the department of transportation as provided in 33 section 327C.2 , or to an airport as defined in section 328.1 , 34 or to land acquired in order to replace or mitigate land used 35 -20- SF516.2675 (1) 87 tm/rn 20/ 25
in a road project when federal law requires replacement or 1 mitigation. This limitation also does not apply to utilities, 2 persons, companies, or corporations under the jurisdiction of 3 the Iowa utilities board in the department of commerce or to 4 any other utility conferred the right by statute to condemn 5 private property or to otherwise exercise the power of eminent 6 domain , except to the extent such purpose includes construction 7 of aboveground merchant lines . 8 Sec. 58. Section 6A.22, subsection 2, paragraph a, 9 subparagraph (2), Code 2017, is amended to read as follows: 10 (2) The acquisition of any interest in property necessary to 11 the function of a public or private utility to the extent such 12 purpose does not include construction of aboveground merchant 13 lines , common carrier, or airport or airport system. 14 Sec. 59. EFFECTIVE UPON ENACTMENT. This division of this 15 Act, being deemed of immediate importance, takes effect upon 16 enactment. 17 Sec. 60. APPLICABILITY. This division of this Act applies 18 to projects or condemnation proceedings commenced on or after 19 the effective date of this division of this Act. 20 DIVISION VII 21 VAPOR AND ALTERNATIVE NICOTINE PRODUCTS —— TAX 22 Sec. 61. Section 453A.1, Code 2017, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 7A. “Delivery sale” means any sale of 25 an alternative nicotine product or a vapor product to a 26 purchaser in this state where the purchaser submits the order 27 for such sale by means of a telephonic or other method of 28 voice transmission, mail or any other delivery service, or the 29 internet or other online service and the alternative nicotine 30 product or vapor product is delivered by use of mail or a 31 delivery service. The sale of an alternative nicotine product 32 or vapor product shall constitute a delivery sale regardless of 33 whether the seller is located in this state. “Delivery sale” 34 does not include a sale to a distributor or retailer of any 35 -21- SF516.2675 (1) 87 tm/rn 21/ 25
alternative nicotine product or vapor product not for personal 1 consumption. 2 Sec. 62. Section 453A.1, subsection 20, Code 2017, is 3 amended to read as follows: 4 20. “Place of business” is construed to mean and include any 5 place where cigarettes are sold or where cigarettes are stored 6 within or without the state of Iowa by the holder of an Iowa 7 permit or kept for the purpose of sale or consumption; or if 8 sold from any vehicle or train, the vehicle or train on which 9 or from which such cigarettes are sold shall constitute a place 10 of business ; or for a business within or without the state that 11 conducts delivery sales, any place where alternative nicotine 12 products or vapor products are sold or where alternative 13 nicotine products or vapor products are kept for the purpose 14 of sale . 15 Sec. 63. Section 453A.13, subsection 1, Code 2017, is 16 amended to read as follows: 17 1. Permits required. Every distributor, wholesaler, 18 cigarette vendor, and retailer, now engaged or who desires to 19 become engaged in the sale or use of cigarettes, upon which a 20 tax is required to be paid, and every retailer now engaged or 21 who desires to become engaged in selling, offering for sale, or 22 distributing alternative nicotine products or vapor products , 23 including through delivery sales, shall obtain a state or 24 retail permit as a distributor, wholesaler, cigarette vendor, 25 or retailer, as the case may be. 26 Sec. 64. Section 453A.13, subsection 2, paragraph a, Code 27 2017, is amended to read as follows: 28 a. The department shall issue state permits to distributors, 29 wholesalers, and cigarette vendors and retailers that make 30 delivery sales of alternative nicotine products and vapor 31 products subject to the conditions provided in this division . 32 If an out-of-state retailer makes delivery sales of alternative 33 nicotine products or vapor products, an application shall be 34 filed with the department and a permit shall be issued for the 35 -22- SF516.2675 (1) 87 tm/rn 22/ 25
out-of-state retailer’s principal place of business. Cities 1 may issue retail permits to dealers retailers with a place of 2 business located within their respective limits. County boards 3 of supervisors may issue retail permits to dealers retailers 4 with a place of business in their respective counties, outside 5 of the corporate limits of cities. 6 Sec. 65. Section 453A.42, Code 2017, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 2A. “Delivery sale” means any sale of 9 an alternative nicotine product or a vapor product to a 10 purchaser in this state where the purchaser submits the order 11 for such sale by means of a telephonic or other method of 12 voice transmission, mail or any other delivery service, or the 13 internet or other online service and the alternative nicotine 14 product or vapor product is delivered by use of mail or a 15 delivery service. The sale of an alternative nicotine product 16 or vapor product shall constitute a delivery sale regardless of 17 whether the seller is located in this state. “Delivery sale” 18 does not include a sale to a distributor or retailer of any 19 alternative nicotine product or vapor product not for personal 20 consumption. 21 Sec. 66. Section 453A.42, subsection 8, Code 2017, is 22 amended to read as follows: 23 8. “Place of business” means any place where tobacco 24 products are sold or where tobacco products are manufactured, 25 stored, or kept for the purpose of sale or consumption, 26 including any vessel, vehicle, airplane, train, or vending 27 machine ; or for a business within or without the state that 28 conducts delivery sales, any place where alternative nicotine 29 products or vapor products are sold or where alternative 30 nicotine products or vapor products are kept for the purpose of 31 sale, including delivery sales . 32 Sec. 67. Section 453A.47A, subsections 1, 3, and 6, Code 33 2017, are amended to read as follows: 34 1. Permits required. A person shall not engage in 35 -23- SF516.2675 (1) 87 tm/rn 23/ 25
the business of a retailer of tobacco, tobacco products, 1 alternative nicotine products, or vapor products at any place 2 of business , or through delivery sales, without first having 3 received a permit as a retailer. 4 3. Number of permits. An application shall be filed and a 5 permit obtained for each place of business owned or operated by 6 a retailer located in the state . If an out-of-state retailer 7 makes delivery sales of alternative nicotine products or vapor 8 products, an application shall be filed with the department 9 and a permit shall be issued for the out-of-state retailer’s 10 principal place of business. 11 6. Issuance. Cities shall may issue retail permits to 12 retailers located within their respective limits. County 13 boards of supervisors shall may issue retail permits to 14 retailers located in their respective counties, outside of the 15 corporate limits of cities. The city or county shall submit a 16 duplicate of any application for a retail permit and any retail 17 permit issued by the entity under this section to the alcoholic 18 beverages division of the department of commerce within thirty 19 days of issuance. The alcoholic beverages division of the 20 department of commerce shall submit the current list of all 21 retail permits issued to the Iowa department of public health 22 by the first day of each quarter of a state fiscal year. 23 Sec. 68. NEW SECTION . 453A.47B Requirements for mailing or 24 shipping —— alternative nicotine products or vapor products. 25 A retailer shall not mail, ship, or otherwise cause to be 26 delivered any alternative nicotine product or vapor product in 27 connection with a delivery sale unless all of the following 28 apply: 29 1. Prior to sale to the purchaser, the retailer verifies 30 that the purchaser is at least eighteen years of age through or 31 by one of the following: 32 a. A commercially available database, or aggregate of 33 databases, that is regularly used by government and businesses 34 for the purpose of age and identity verification. 35 -24- SF516.2675 (1) 87 tm/rn 24/ 25
b. Obtaining a copy of a valid government-issued document 1 that provides the name, address, and date of birth of the 2 purchaser. 3 2. The retailer uses a method of mailing, shipping, or 4 delivery that requires the signature of a person who is at 5 least eighteen years of age before the shipping package is 6 released to the purchaser. 7 Sec. 69. NEW SECTION . 453A.47C Sales and use tax on 8 delivery sales —— alternative nicotine products or vapor 9 products. 10 1. A delivery sale of alternative nicotine products or vapor 11 products within this state shall be subject to the sales tax 12 provided in chapter 423, subchapter II. 13 2. The use in this state of alternative nicotine products 14 or vapor products purchased for use in this state through a 15 delivery sale shall be subject to the use tax provided in 16 chapter 423, subchapter III. 17 3. A retailer required to possess or possessing a permit 18 under section 453A.13 or 453A.47A to make delivery sales of 19 alternative nicotine products or vapor products within this 20 state shall be deemed to have waived all claims that such 21 retailer lacks physical presence within this state for purposes 22 of collecting and remitting sales and use tax. 23 4. A retailer making taxable delivery sales of alternative 24 nicotine products or vapor products within this state shall 25 remit to the department all sales and use tax due on such sales 26 at the times and in the manner provided by chapter 423. 27 5. The director shall adopt rules pursuant to chapter 17A to 28 administer this section. > 29 ______________________________ COMMITTEE ON APPROPRIATIONS GRASSLEY of Butler, Chairperson -25- SF516.2675 (1) 87 tm/rn 25/ 25