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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
$
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
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SF516.2675
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87
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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
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87
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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
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
$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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
200,000
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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
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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
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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
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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
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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
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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
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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
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#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
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#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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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