House File 2502 H-8481 Amend House File 2502 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 STANDING APPROPRIATIONS AND RELATED MATTERS 5 Section 1. 2017 Iowa Acts, chapter 170, is amended by adding 6 the following new section: 7 NEW SECTION . SEC. 5A. GENERAL ASSEMBLY —— FY 2018-2019. 8 1. The appropriations made pursuant to section 2.12 for the 9 expenses of the general assembly and legislative agencies for 10 the fiscal year beginning July 1, 2018, and ending June 30, 11 2019, are reduced by the following amount: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,517,318 13 2. The budgeted amounts for the general assembly and 14 legislative agencies for the fiscal year beginning July 1, 15 2018, may be adjusted to reflect the unexpended budgeted 16 amounts from the previous fiscal year. 17 3. Annual membership dues for organizations, associations, 18 and conferences shall not be paid from moneys appropriated 19 pursuant to section 2.12, except reimbursement for travel 20 expenses may be paid to commissioners serving on the commission 21 of uniform state laws. 22 4. Costs for out-of-state travel and per diems for 23 out-of-state travel shall not be paid from moneys appropriated 24 pursuant to section 2.12. 25 Sec. 2. 2017 Iowa Acts, chapter 170, is amended by adding 26 the following new section: 27 NEW SECTION . SEC. 6A. INSTRUCTIONAL SUPPORT STATE AID —— FY 28 2018-2019. In lieu of the appropriation provided in section 29 257.20, subsection 2, the appropriation for the fiscal year 30 beginning July 1, 2018, and ending June 30, 2019, for paying 31 instructional support state aid under section 257.20 for such 32 fiscal years is zero. 33 Sec. 3. Section 257.35, Code 2018, is amended by adding the 34 following new subsection: 35 -1- HF2502.5727 (1) 87 tm/rn 1/ 13 #1.
NEW SUBSECTION . 12A. Notwithstanding subsection 1, and in 1 addition to the reduction applicable pursuant to subsection 2 2, the state aid for area education agencies and the portion 3 of the combined district cost calculated for these agencies 4 for the fiscal year beginning July 1, 2018, and ending June 5 30, 2019, shall be reduced by the department of management by 6 fifteen million dollars. The reduction for each area education 7 agency shall be prorated based on the reduction that the agency 8 received in the fiscal year beginning July 1, 2003. 9 Sec. 4. SALARY MODEL ADMINISTRATOR. The salary model 10 administrator shall work in conjunction with the legislative 11 services agency to maintain the state’s salary model used for 12 analyzing, comparing, and projecting state employee salary 13 and benefit information, including information relating to 14 employees of the state board of regents. The department of 15 revenue, the department of administrative services, the five 16 institutions under the jurisdiction of the state board of 17 regents, the judicial district departments of correctional 18 services, and the state department of transportation shall 19 provide salary data to the department of management and the 20 legislative services agency to operate the state’s salary 21 model. The format and frequency of provision of the salary 22 data shall be determined by the department of management and 23 the legislative services agency. The information shall be 24 used in collective bargaining processes under chapter 20 and 25 in calculating the funding needs contained within the annual 26 salary adjustment legislation. A state employee organization 27 as defined in section 20.3, subsection 4, may request 28 information produced by the model, but the information provided 29 shall not contain information attributable to individual 30 employees. 31 DIVISION II 32 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 33 Sec. 5. Section 331.424A, subsection 9, Code 2018, as 34 amended by 2018 Iowa Acts, House File 2456, section 14, is 35 -2- HF2502.5727 (1) 87 tm/rn 2/ 13
amended to read as follows: 1 a. For the fiscal year beginning July 1, 2017, and each 2 subsequent fiscal year, the county budgeted amount determined 3 for each county shall be the amount necessary to meet the 4 county’s financial obligations for the payment of services 5 provided under the regional service system management plan 6 approved pursuant to section 331.393 , not to exceed an amount 7 equal to the product of the regional per capita expenditure 8 target amount multiplied by the county’s population , and, for 9 fiscal years beginning on or after July 1, 2021, reduced by 10 the amount of the county’s cash flow reduction amount for the 11 fiscal year calculated under subsection 4, if applicable . 12 b. If a county officially joins a different region, the 13 county’s budgeted amount shall be the amount necessary to meet 14 the county’s financial obligations for payment of services 15 provided under the new region’s regional service system 16 management plan approved pursuant to section 331.393, not to 17 exceed an amount equal to the product of the new region’s 18 regional per capita expenditure target amount multiplied by 19 the county’s population , and, for fiscal years beginning on 20 or after July 1, 2021, reduced by the amount of the county’s 21 cash flow reduction amount for the fiscal year calculated under 22 subsection 4, if applicable . 23 Sec. 6. 2017 Iowa Acts, chapter 170, section 13, is amended 24 to read as follows: 25 SEC. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding 26 section 8.56, subsection 3 and subsection 4 , paragraph “a” and 27 section 8.57, subsection 1, paragraph “a” , there is transferred 28 from the cash reserve fund created in section 8.56 to the 29 general fund of the state for the fiscal year beginning July 1, 30 2016, and ending June 30, 2017, the following amount: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,100,000 32 Sec. 7. 2018 Iowa Acts, House File 2441, section 17, 33 subsection 1, is amended by striking the subsection. 34 Sec. 8. 2018 Iowa Acts, Senate File 2117, section 11, 35 -3- HF2502.5727 (1) 87 tm/rn 3/ 13
subsection 1, is amended to read as follows: 1 1. There is appropriated from the Iowa economic emergency 2 fund created in section 8.55 to the general fund of the state 3 for the fiscal year beginning July 1, 2017 2016 , and ending 4 June 30, 2018 2017 , the following amount: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,000,000 6 Sec. 9. 2018 Iowa Acts, Senate File 2117, section 12, is 7 amended to read as follows: 8 SEC. 12. RETROACTIVE APPLICABILITY. The following 9 provision or provisions of this division of this Act apply 10 retroactively to September 28, 2017 June 30, 2017 : 11 The section of this division of this Act appropriating 12 moneys from the Iowa economic emergency fund to the general 13 fund in lieu of a prior standing appropriation. 14 Sec. 10. RETROACTIVE APPLICABILITY. The following applies 15 retroactively to May 12, 2017: 16 The section of this division of this Act amending 2017 Iowa 17 Acts, chapter 170, section 13. 18 Sec. 11. RETROACTIVE APPLICABILITY. The following applies 19 retroactively to the effective date of section 256.9A, as 20 enacted by 2018 Iowa Acts, House File 2441, section 1: 21 The section of this division of this Act amending 2018 Iowa 22 Acts, House File 2441, section 17, subsection 1. 23 Sec. 12. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. 25 DIVISION III 26 CORRECTIVE PROVISIONS 27 Sec. 13. Section 9A.102, subsection 1, Code 2017, as amended 28 by 2018 Iowa Acts, Senate File 385, section 2, is amended to 29 read as follows: 30 1. “Agency contract” means an agreement in which a student 31 athlete authorizes a person to negotiate or solicit on behalf 32 of the athlete a professional sports services contract or an 33 endorsement contract. 34 Sec. 14. Section 68B.2C, as enacted by 2018 Iowa Acts, 35 -4- HF2502.5727 (1) 87 tm/rn 4/ 13
Senate File 2323, section 7, is amended to read as follows: 1 68B.2C Prohibited outside employment and activities —— agents 2 of foreign principals. 3 Officials and state employees shall not engage in any 4 outside employment or activity that requires the person to 5 register under the federal Foreign Agents Registration Act of 6 1938, as amended , 22 U.S.C. §611 et seq. , as amended. 7 Sec. 15. Section 84A.4, subsection 4, paragraph f, Code 8 2018, if enacted by 2018 Iowa Acts, Senate File 2353, section 9 6, is amended to read as follows: 10 f. Proven and promising practices. The local workforce 11 development board shall lead efforts in the local workforce 12 development area to do all of the following: 13 (1) Identify identify and promote proven and promising 14 strategies and initiatives for meeting the needs of employers, 15 workers, and jobseekers, including individuals with a barrier 16 to employment, in the local workforce development system, 17 including providing physical and programmatic accessibility, 18 in accordance with 29 U.S.C. §3248, if applicable, applicable 19 provisions of chapter 216, and applicable provisions of the 20 Americans with Disabilities Act of 1990, codified at 42 U.S.C. 21 §12101 et seq., to the one-stop delivery system. 22 Sec. 16. Section 123.92, subsection 3, paragraph a, Code 23 2018, as amended by 2018 Iowa Acts, Senate File 2310, section 24 47, is amended to read as follows: 25 a. Notwithstanding section 123.49, subsection 1 , any 26 person who is injured in person or property or means of 27 support by an intoxicated person who is under legal age or 28 resulting from the intoxication of a person who is under 29 legal age, has a right of action for all damages actually 30 sustained, severally or jointly, against a person who is 31 not a licensee or permittee and who dispensed or gave any 32 alcoholic beverage to the intoxicated underage person when the 33 nonlicensee or nonpermittee who dispensed or gave the alcoholic 34 beverage to the underage person knew or should have known the 35 -5- HF2502.5727 (1) 87 tm/rn 5/ 13
underage person was intoxicated, or who dispensed or gave any 1 alcoholic beverage to the underage person to a point where the 2 nonlicensee or nonpermittee knew or should have known that the 3 underage person would become intoxicated. 4 Sec. 17. Section 135.16A, subsection 1, paragraph a, as 5 enacted by 2018 Iowa Acts, House File 2408, section 1, is 6 amended to read as follows: 7 a. “Conventional eggs” means eggs others other than 8 specialty eggs. 9 Sec. 18. Section 147C.1, subsection 7, paragraph e, 10 subparagraph (2), subparagraph division (h), as enacted by 2018 11 Iowa Acts, House File 2425, section 1, is amended to read as 12 follows: 13 (h) Disclosure of investigative records compiled for law 14 enforcement purposes of any of the following . 15 Sec. 19. Section 148H.1, subsection 4, as enacted by 2018 16 Iowa Acts, Senate File 2228, section 5, is amended to read as 17 follows: 18 4. “Genetic counseling intern” means a student enrolled in 19 a genetic counseling program accredited by the accreditation 20 council for genetic counseling or its equivalent or successor 21 organization, or the American board of medical genetics and 22 genomics or its equivalent or successor organization. 23 Sec. 20. Section 256.7, subsection 21, paragraph b, 24 subparagraph (2), subparagraph division (d), as enacted by 2018 25 Iowa Acts, House File 2235, section 1, is amended to read as 26 follows: 27 (d) That the assessment be peer-reviewed by an independent, 28 third-party evaluator to determine that the assessment is 29 aligned with the Iowa core academic standards, provides 30 a measurement of student growth and student proficiency, 31 and meets the summative assessment requirements of the 32 federal Every Student Succeeds Act, Pub. L. No. 114-95. The 33 assessment developed by the Iowa testing service program 34 within the university of Iowa college of education shall make 35 -6- HF2502.5727 (1) 87 tm/rn 6/ 13
any necessary adjustments as determined by the peer review 1 be adjusted as necessary to meet the requirements of this 2 subparagraph (2) as determined by the peer review . 3 Sec. 21. Section 256.42, subsection 5, Code 2018, as amended 4 by 2018 Iowa Acts, Senate File 2131, section 1, is amended to 5 read as follows: 6 5. Under the initiative, a student must be enrolled in 7 a participating school district or accredited nonpublic 8 school or be receiving private instruction under chapter 299A 9 as described in subsection 1. For a student enrolled in a 10 participating school district or accredited nonpublic school, 11 the school district or school is responsible for recording 12 grades received for initiative coursework in a student’s 13 permanent record, awarding high school credit for initiative 14 coursework, and issuing a high school diplomas diploma to a 15 student enrolled in the district or school who participates and 16 completes coursework under the initiative. Each participating 17 school shall identify a site coordinator to serve as a student 18 advocate and as a liaison between the initiative staff and 19 teachers and the school district or accredited nonpublic 20 school. The individual providing instruction to a student 21 under chapter 299A as described in subsection 1 shall receive 22 the student’s score for completed initiative coursework. 23 Sec. 22. Section 261.131, subsection 1, paragraph d, Code 24 2018, as enacted by 2018 Iowa Acts, House File 2458, section 25 12, is amended to read as follows: 26 d. “Eligible program” means a program of study or an 27 academic major jointly approved by the commission and the 28 department of workforce development, in consultation with an 29 eligible institution, that leads to a credential aligned with a 30 high-demand job designated by the workforce development board 31 or a community college pursuant to section 84A.1B, subsection 32 13A. If the board or a community college removes a high-demand 33 job from a list created under section 84A.1B, subsection 13A, 34 an eligible student who received a scholarship for a program 35 -7- HF2502.5727 (1) 87 tm/rn 7/ 13
based on that high-demand job shall continue to receive the 1 scholarship until achieving a postsecondary credential, up to 2 an associate degree, as long as the student continues to meet 3 all other eligibility requirements. 4 Sec. 23. Section 280.13C, subsection 4, paragraph a, Code 5 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, 6 is amended to read as follows: 7 a. The department of public health, Iowa high school 8 athletic association, and the Iowa girls high school athletic 9 union shall work together to distribute the guidelines of the 10 centers for disease control and prevention guidelines of the 11 United States department of health and human services and other 12 pertinent information to inform and educate coaches, students, 13 and the parents and guardians of students of the risks, signs, 14 symptoms, and behaviors consistent with a concussion or brain 15 injury, including the danger of continuing to participate in 16 extracurricular interscholastic activities after suffering a 17 concussion or brain injury and their responsibility to report 18 such signs, symptoms, and behaviors if they occur. 19 Sec. 24. Section 280.13C, subsection 8, paragraph a, Code 20 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, 21 is amended to read as follows: 22 a. A school district or accredited nonpublic school that 23 adopts and follows the protocol required by this section and 24 provides an emergency medical care provider or a licensed 25 health care provider at a contest that is a contact or limited 26 contact activity as identified by the American academy of 27 pediatrics shall not be liable for any claim for injuries or 28 damages based upon the actions or inactions of the emergency 29 medical care provider or the licensed health care provider 30 present at the contest at the request of the school district 31 or accredited nonpublic school so long as the emergency 32 medical care provider or the licensed health care provider 33 acts reasonably and in good faith and in the best interest of 34 the student athlete and without undue influence of the school 35 -8- HF2502.5727 (1) 87 tm/rn 8/ 13
district or accredited nonpublic school or coaching staff 1 employed by the school district or accredited nonpublic school. 2 A school district or accredited nonpublic school shall not be 3 liable for any claim for injuries or damages if an emergency 4 medical care provider or a licensed health care provider who 5 was scheduled in accordance with a prearranged agreement with 6 the school district or accredited nonpublic school to be 7 present and available at a contest is not able to be present 8 and available due to documentable, unforeseen circumstances and 9 the school district or accredited nonpublic school otherwise 10 followed the protocol. 11 Sec. 25. Section 298.3, subsection 1, paragraph j, Code 12 2018, as amended by 2018 Iowa Acts, House File 2253, section 9, 13 is amended to read as follows: 14 j. The purchase of buildings or lease-purchase option 15 agreements for school buildings. However, a contract 16 for construction by a private party of property to be 17 lease-purchased by a public school corporation is a contract 18 for a public improvement as defined in section 26.2. If the 19 estimated cost of the property to be lease-purchased that is 20 renovated, repaired, or involves new construction in excess 21 of exceeds the competitive bid threshold in section 26.3, the 22 board of directors shall comply with the competitive bidding 23 requirements of section 26.3. 24 Sec. 26. Section 321G.13, subsection 2, paragraph b, 25 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 26 Senate File 2231, section 1, is amended to read as follows: 27 (2) A person may operate or ride on a snowmobile with a 28 loaded pistol or revolver, whether concealed or not, if a the 29 person is operating or riding the snowmobile on land that is 30 not owned, possessed, or rented by the person, and the person’s 31 conduct is otherwise lawful. 32 Sec. 27. Section 321I.14, subsection 2, paragraph b, 33 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 34 Senate File 2231, section 3, is amended to read as follows: 35 -9- HF2502.5727 (1) 87 tm/rn 9/ 13
(2) A person may operate or ride on all an all-terrain 1 vehicle with a loaded pistol or revolver, whether concealed or 2 not, if a the person is operating or riding the all-terrain 3 vehicle on land that is not owned, possessed, or rented by the 4 person, and the person’s conduct is otherwise lawful. 5 Sec. 28. Section 321I.14, subsection 6, as enacted by 2018 6 Iowa Acts, Senate File 2231, section 4, is amended to read as 7 follows: 8 6. As used in this section , “rented by the person” includes 9 a person who does not necessarily rent the land but who 10 principally provides labor for the production of crops located 11 on agricultural land or for the production of livestock 12 principally located on agricultural land. The person must 13 personally provide such labor on a regular, continuous, and 14 substantial basis. 15 Sec. 29. Section 364.4, subsection 4, paragraph i, Code 16 2018, as amended by 2018 Iowa Acts, House File 2253, section 17 11, is amended to read as follows: 18 i. A contract for construction by a private party of 19 property to be lease-purchased by a city is a contract for a 20 public improvement under section 26.2, subsection 3 . If the 21 estimated cost of the property to be lease-purchased that is 22 renovated, repaired, or involves new construction exceeds the 23 competitive bid threshold set in section 26.3, the city shall 24 comply with the competitive bidding requirements of section 25 26.3. 26 Sec. 30. Section 633.42, subsection 1, Code 2018, as amended 27 by 2018 Iowa Acts, Senate File 2098, section 3, is amended to 28 read as follows: 29 1. At any time after the issuance of letters of appointment, 30 any interested person in the proceeding may file with the 31 clerk a written request for notice of the time and place of 32 all hearings in such proceeding for which notice is required 33 by law, by rule of court, or by an order in such proceeding. 34 The request for notice shall state the name of the requester, 35 -10- HF2502.5727 (1) 87 tm/rn 10/ 13
the name of the requester’s attorney, if any, and the reason 1 the requester is an interested person in the proceeding. The 2 request for notice shall provide the requester’s post office 3 address , and , if available, the requester’s electronic mail 4 address and telephone number. The request for notice shall 5 also provide the requester’s attorney’s post office address, 6 electronic mail address, and telephone number. The clerk shall 7 docket the request. Thereafter, unless otherwise ordered by 8 the court, the fiduciary shall serve by ordinary or electronic 9 mail a notice of each hearing upon such requester and the 10 requester’s attorney, if any. 11 Sec. 31. Section 633.418, Code 2018, as amended by 2018 12 Iowa Acts, Senate File 2098, section 6, is amended to read as 13 follows: 14 633.418 Form and verification of claims —— general 15 requirements. 16 No claim shall be allowed against an estate on application 17 of the claimant unless it shall be in writing, filed with 18 the clerk, stating the claimant’s name , and address , and , 19 if available, telephone number and electronic mail address, 20 describing the nature and the amount thereof, if ascertainable, 21 and accompanied by the affidavit of the claimant, or someone 22 for the claimant, that the amount is justly due, or if not yet 23 due, when it will or may become due, that no payments have been 24 made thereon which are not credited, and that there are no 25 offsets to the same, to the knowledge of the affiant, except as 26 therein stated. If the claim is contingent, the nature of the 27 contingency shall also be stated. 28 Sec. 32. Section 651.29, subsection 5, paragraphs b and c, 29 as enacted by 2018 Iowa Acts, Senate File 2175, section 29, are 30 amended to read as follows: 31 b. If none of the cotenants has have paid the entire price 32 for the remaining interest in the heirs property, the court 33 shall resolve the partition action under section 651.30 as if 34 the interest of the cotenant that had requested partition by 35 -11- HF2502.5727 (1) 87 tm/rn 11/ 13
sale of the heirs property has not been purchased. 1 c. If more than one cotenant have has paid the entire price 2 for the remaining interest in the heirs property, the court 3 shall reapportion the remaining interest among such cotenants 4 based on each cotenant’s original fractional ownership of the 5 entire heirs property divided by the total original fractional 6 ownership of all cotenants that paid the entire price for 7 the remaining interest. The court shall promptly issue an 8 order reallocating all cotenants’ interests, disburse the 9 amounts held by the court to the persons entitled to such 10 disbursements, and promptly refund any excess payments held by 11 the court to the appropriate persons. 12 Sec. 33. Section 655.6, subsection 1, as enacted by 2018 13 Iowa Acts, House File 2232, section 5, is amended to read as 14 follows: 15 1. The mortgagee established reasonable procedures to 16 achieve compliance with its obligations under section 655.3. 17 Sec. 34. Section 716.11, subsection 1, paragraph b, as 18 enacted by 2018 Iowa Acts, Senate File 2235, section 1, is 19 amended to read as follows: 20 b. A gas, oil, petroleum, refined petroleum product, 21 renewable fuel, or chemical critical generation, storage , 22 transportation, or delivery system. 23 Sec. 35. 2018 Iowa Acts, Senate File 2117, section 1, 24 paragraphs p and s, are amended to read as follows: 25 p. Department of economic Economic development authority 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 157,960 27 s. College student aid commission 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,172 29 Sec. 36. 2018 Iowa Acts, House File 2442, section 4, is 30 amended to read as follows: 31 SEC. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 32 with section 25B.2, subsection 3, the state cost of requiring 33 compliance with any state mandate included in this division 34 of this Act shall be paid by a school district from state 35 -12- HF2502.5727 (1) 87 tm/rn 12/ 13
school foundation aid received by the school district under 1 section 257.16. This specification of the payment of the state 2 cost shall be deemed to meet all of the state funding-related 3 requirements of section 25B.2, subsection 3, and no additional 4 state funding shall be necessary for the full implementation of 5 this Act by and enforcement of this Act against all affected 6 school districts. 7 Sec. 37. REPEAL. 2018 Iowa Acts, House File 2348, section 8 9, is repealed. 9 Sec. 38. REPEAL. 2018 Iowa Acts, House File 2457, sections 10 115 and 116 are repealed. 11 Sec. 39. EFFECTIVE DATE. The following, being deemed of 12 immediate importance, takes effect upon enactment: 13 The section of this division of this Act amending 2018 Iowa 14 Acts, Senate File 2117, section 1, paragraphs “p” and “s”. 15 Sec. 40. RETROACTIVE APPLICABILITY. The following applies 16 retroactively to March 28, 2018: 17 The section of this division of this Act amending 2018 Iowa 18 Acts, Senate File 2117, section 1, paragraphs “p” and “s”. 19 Sec. 41. APPLICABILITY. The following apply July 1, 2018, 20 to probate filings made on or after that date: 21 1. The section of this division of this Act amending section 22 633.42. 23 2. The section of this division of this Act amending section 24 633.418. > 25 2. By renumbering as necessary. 26 ______________________________ HALL of Woodbury -13- HF2502.5727 (1) 87 tm/rn 13/ 13 #2.