House File 2502 H-8502 Amend House File 2502 as follows: 1 1. Page 1, after line 30 by inserting: 2 < Sec. ___. 2017 Iowa Acts, chapter 170, section 15, is 3 amended to read as follows: 4 SEC. 15. CASH RESERVE FUND APPROPRIATION —— FY 2018-2019. 5 There is appropriated from the general fund of the state to the 6 cash reserve fund for the fiscal year beginning July 1, 2018, 7 and ending June 30, 2019, the following amount: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 111,100,000 9 113,100,000 > 10 2. Page 2, after line 6 by inserting: 11 < Sec. ___. TAXPAYERS TRUST FUND. On July 1, 2018, any 12 unencumbered and unobligated moneys in the taxpayers trust fund 13 created in section 8.57E are transferred to the general fund 14 of the state. > 15 3. Page 13, after line 22 by inserting: 16 < DIVISION ___ 17 LAND ACQUISITION AND INVENTORY 18 Sec. ___. LAND ACQUISITION AND INVENTORY. 19 1. By December 1, 2018, the department of natural resources 20 shall submit a report to the general assembly including all 21 financial assistance provided to private entities for the 22 acquisition of land and an inventory of all land managed or 23 owned on behalf of the state by the department. 24 2. The portion of the report regarding financial assistance 25 to private entities for land acquisition shall include the 26 name of the private entities, a description of the assistance 27 provided, the price of the tract, the date the assistance 28 was provided, the date of full loan repayment or cessation 29 of the linked deposit account, and the total amount of 30 outstanding loans and linked deposits associated with such land 31 acquisitions. This portion of the report shall also include 32 information regarding the land purchase including the location 33 and description of the land, a description of the conservation 34 benefits of the purchase, the name of the seller, the price 35 -1- HF2502.5805 (2) 87 tm/rn 1/ 22 #1. #2. #3.
paid, and the size of the tract. If the land was later 1 acquired by a governmental entity, the report shall include the 2 name of the governmental entity, the date of the subsequent 3 acquisition, the price paid, and the source of the funds. 4 3. The portion of the report regarding the land inventory 5 shall include a list of all properties owned by the state whose 6 purchase or donation was facilitated by the department and a 7 list of properties which are managed by the department, but 8 not owned by the state. For each owned tract of land, the 9 inventory shall include the location of the tract, the date 10 of acquisition or first management agreement, the name of the 11 seller or donor of the tract, the price paid for state-owned 12 land and the source of the funds; the owner of the tract if not 13 owned by the state, the size of the tract, the present use of 14 the tract including whether the property is open to the public, 15 and the identification of the government entity charged with 16 managing the tract. The inventory shall also identify the 17 location and size of all tracts which were conveyed to cities 18 or counties within the past twenty years after termination of 19 state ownership. 20 4. For the fiscal year beginning July 1, 2018, the 21 environmental protection commission shall not authorize a 22 contract or approve costs related to the purchase of land 23 which obligates moneys from the water pollution control works 24 revolving loan fund for financial assistance to acquire new 25 land under the general nonpoint source program set-aside. 26 DIVISION ___ 27 IOWA GEOLOGICAL SURVEY 28 Sec. ___. 2018 Iowa Acts, House File 2491, section 21, if 29 enacted, is amended to read as follows: 30 SEC. 53A. STATE UNIVERSITY OF IOWA GEOGRAPHICAL AND WATER 31 GEOLOGICAL SURVEY. There is appropriated from the environment 32 first fund created in section 8.57A to the state university of 33 Iowa for the fiscal year beginning July 1, 2018, and ending 34 June 30, 2019, the following amounts, or so much thereof as is 35 -2- HF2502.5805 (2) 87 tm/rn 2/ 22
necessary, to be used for the purposes designated: 1 1. OPERATIONS 2 For purposes of supporting the operations of the Iowa 3 geological and water survey of the state as created within the 4 state university of Iowa pursuant to section 456.1 as amended 5 by 2018 Iowa Acts, House File 2303, section 12, including 6 but not limited to providing analysis; data maintenance, 7 collection, and compilation; investigative programs; and 8 information for water supply development and protection: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 10 2. WATER RESOURCE MANAGEMENT 11 For purposes of supporting the geological and water survey 12 in measuring, assessing, and evaluating the quantity of water 13 sources in this state and assisting the department of natural 14 resources in regulating water quantity as provided in chapter 15 455B, division III, part 4, pursuant to sections 455B.262B and 16 456.14, as enacted by this Act: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 18 DIVISION ___ 19 PODIATRY 20 Sec. ___. Section 147.139, subsections 3 and 4, Code 2018, 21 are amended to read as follows: 22 3. If the defendant is board-certified in a specialty, the 23 person is certified in the same or a substantially similar 24 specialty by a board recognized by the American board of 25 medical specialties , or the American osteopathic association , 26 or the council on podiatric medical education . 27 4. a. If the defendant is a licensed physician or 28 osteopathic physician under chapter 148 , the person is a 29 physician or osteopathic physician licensed in this state or 30 another state. 31 b. If the defendant is a licensed podiatric physician under 32 chapter 149, the person is a physician, osteopathic physician, 33 or a podiatric physician licensed in this state or another 34 state. 35 -3- HF2502.5805 (2) 87 tm/rn 3/ 22
DIVISION ___ 1 CATTLE GUARDS 2 Sec. ___. Section 314.30, subsection 1, paragraph c, as 3 enacted by 2018 Iowa Acts, Senate File 449, section 1, is 4 amended to read as follows: 5 c. The landowner owns the property on both sides of the 6 street or highway and owns property on both sides of any access 7 to the street or highway . 8 Sec. ___. 2018 Iowa Acts, Senate File 449, is amended by 9 adding the following new section: 10 NEW SECTION . SEC. 4. INSTALLATION OF CATTLE GUARD —— 11 SUBSEQUENT COUNTY ACTION. Any cattle guard installed pursuant 12 to this Act on or before April 25, 2018, that meets the 13 requirements of this Act at the time of installation shall not 14 be ordered uninstalled or found to be noncompliant with this 15 Act as a result of any action taken after April 25, 2018, by 16 the county with jurisdiction over the street or highway on 17 which the cattle guard is installed to alter the area service 18 classification of the street or highway or to otherwise alter 19 the street or highway in such a way that the installation of 20 the cattle guard no longer complies with this Act. 21 Sec. ___. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 Sec. ___. RETROACTIVE APPLICABILITY. This division of this 24 Act applies retroactively to April 17, 2018. 25 DIVISION ___ 26 DRAMSHOP 27 Sec. ___. Section 123.92, subsection 1, paragraph a, Code 28 2018, as amended by 2018 Iowa Acts, Senate File 2169, section 29 1, is amended to read as follows: 30 a. Any Subject to the limitation amount specified in 31 paragraph “c” , if applicable, any third party who is not the 32 intoxicated person who caused the injury at issue and who 33 is injured in person or property or means of support by an 34 intoxicated person or resulting from the intoxication of a 35 -4- HF2502.5805 (2) 87 tm/rn 4/ 22
person, has a right of action for damages actually sustained, 1 severally or jointly , up to the amount specified in paragraph 2 “c” , against any licensee or permittee, whether or not the 3 license or permit was issued by the division or by the 4 licensing authority of any other state, who sold and served any 5 beer, wine, or intoxicating liquor directly to the intoxicated 6 person, provided that the person was visibly intoxicated at the 7 time of the sale or service. 8 Sec. ___. NEW SECTION . 505.33 Dramshop liability insurance 9 evaluation. 10 The division shall biennially conduct an evaluation 11 concerning minimum coverage requirements of dramshop liability 12 insurance. In conducting the evaluation, the division 13 shall include a comparison of other states’ minimum dramshop 14 liability insurance coverage and any other relevant issues 15 the division identifies. By January 31, 2019, and every two 16 years thereafter, the division shall submit a report, including 17 any findings and recommendations, to the general assembly as 18 provided in chapter 7A. 19 Sec. ___. REPEAL. 2018 Iowa Acts, Senate File 2169, section 20 2, is repealed. 21 DIVISION ___ 22 ALCOHOL 23 Sec. ___. Section 123.30, subsection 3, paragraphs a and 24 b, Code 2018, as amended by 2018 Iowa Acts, Senate File 2310, 25 section 12, are amended to read as follows: 26 a. Class “A”. A class “A” liquor control license may be 27 issued to a club and shall authorize the holder to purchase 28 alcoholic liquors in original unopened containers from class 29 “E” liquor control licensees only, wine from class “A” wine 30 permittees or class “B” wine permittees who also hold class “E” 31 liquor control licenses only as provided in section 123.173 32 and section 123.177 , and to sell alcoholic beverages to bona 33 fide members and their guests by the individual drink for 34 consumption on the premises only. 35 -5- HF2502.5805 (2) 87 tm/rn 5/ 22
b. Class “B”. A class “B” liquor control license may be 1 issued to a hotel or motel and shall authorize the holder to 2 purchase alcoholic liquors in original unopened containers from 3 class “E” liquor control licensees only, wine from class “A” 4 wine permittees or class “B” wine permittees who also hold 5 class “E” liquor control licenses only as provided in section 6 123.173 and section 123.177 , and to sell alcoholic beverages to 7 patrons by the individual drink for consumption on the premises 8 only. However, beer may also be sold for consumption off the 9 premises. Each license shall be effective throughout the 10 premises described in the application. 11 Sec. ___. Section 123.30, subsection 3, paragraph c, 12 subparagraph (1), Code 2018, as amended by 2018 Iowa Acts, 13 Senate File 2310, section 12, is amended to read as follows: 14 (1) A class “C” liquor control license may be issued to 15 a commercial establishment but must be issued in the name of 16 the individuals who actually own the entire business and shall 17 authorize the holder to purchase alcoholic liquors in original 18 unopened containers from class “E” liquor control licensees 19 only, wine from class “A” wine permittees or class “B” wine 20 permittees who also hold class “E” liquor control licenses only 21 as provided in section 123.173 and section 123.177 , and to sell 22 alcoholic beverages to patrons by the individual drink for 23 consumption on the premises only. However, beer may also be 24 sold for consumption off the premises. The holder of a class 25 “C” liquor control license may also hold a special class “A” 26 beer permit for the premises licensed under a class “C” liquor 27 control license for the purpose of operating a brewpub pursuant 28 to this chapter . 29 Sec. ___. Section 123.30, subsection 3, paragraph c, 30 subparagraph (3), Code 2018, is amended to read as follows: 31 (3) A class “C” native distilled spirits liquor control 32 license may be issued to a native distillery but shall be 33 issued in the name of the individuals who actually own the 34 business and shall only be issued to a native distillery 35 -6- HF2502.5805 (2) 87 tm/rn 6/ 22
which, combining all production facilities of the business, 1 produces and manufactures not more than one hundred thousand 2 proof gallons of distilled spirits on an annual basis. The 3 license shall authorize the holder to sell native distilled 4 spirits manufactured on the premises of the native distillery 5 to patrons by the individual drink for consumption on the 6 premises. All native distilled spirits sold by a native 7 distillery for on-premises consumption shall be purchased 8 from a class “E” liquor control licensee in original unopened 9 containers . 10 Sec. ___. Section 123.30, subsection 3, paragraph d, 11 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 12 Senate File 2310, section 12, is amended to read as follows: 13 (2) A class “D” liquor control licensee who operates a 14 train or a watercraft intrastate only, or an excursion gambling 15 boat licensed under chapter 99F , shall purchase alcoholic 16 liquor in original unopened containers from a class “E” liquor 17 control licensee only, wine from a class “A” wine permittee or 18 a class “B” wine permittee who also holds a class “E” liquor 19 control license only as provided in section 123.173 and section 20 123.177 , and beer from a class “A” beer permittee only. 21 Sec. ___. Section 123.30, subsection 3, paragraph e, Code 22 2018, as amended by 2018 Iowa Acts, Senate File 2310, section 23 12, is amended to read as follows: 24 e. Class “E”. 25 (1) A class “E” liquor control license may be issued and 26 shall authorize the holder to purchase alcoholic liquor in 27 original unopened containers from the division only and high 28 alcoholic content beer from a class “A” beer permittee only and 29 to sell the alcoholic liquor in original unopened containers 30 and high alcoholic content beer at retail to patrons for 31 consumption off the licensed premises and at wholesale to other 32 liquor control licensees, provided the holder has filed with 33 the division a basic permit issued by the alcohol and tobacco 34 tax and trade bureau of the United States department of the 35 -7- HF2502.5805 (2) 87 tm/rn 7/ 22
treasury. A holder of a class “E” liquor control license 1 may hold other retail liquor control licenses or retail wine 2 or beer permits, but the premises licensed under a class “E” 3 liquor control license shall be separate from other licensed 4 premises, though the separate premises may have a common 5 entrance. However, the holder of a class “E” liquor control 6 license may also hold a class “B” wine or class “C” beer permit 7 or both for the premises licensed under a class “E” liquor 8 control license. 9 (2) The division may issue a class “E” liquor control 10 license for premises covered by a liquor control license or 11 wine or beer permit for on-premises consumption , if under any 12 of the following circumstances: 13 (a) If the premises are in a county having a population 14 under nine thousand five hundred in which no other class “E” 15 liquor control license has been issued by the division, and no 16 other application for a class “E” liquor control license has 17 been made within the previous twelve consecutive months. 18 (b) If, notwithstanding any provision of this chapter to the 19 contrary, the premises covered by a liquor control license is a 20 grocery store that is at least five thousand square feet. 21 Sec. ___. Section 123.30, subsection 4, Code 2018, is 22 amended to read as follows: 23 4. Notwithstanding any provision of this chapter to the 24 contrary, a person holding a liquor control license to sell 25 alcoholic beverages for consumption on the licensed premises 26 may permit a customer to remove one unsealed bottle of wine 27 for consumption off the premises if the customer has purchased 28 and consumed a portion of the bottle of wine on the licensed 29 premises. The licensee or the licensee’s agent shall securely 30 reseal such bottle in a bag designed so that it is visibly 31 apparent that the resealed bottle of wine has not been tampered 32 with and provide a dated receipt for the resealed bottle of 33 wine to the customer. A wine bottle resealed pursuant to the 34 requirements of this subsection is subject to the requirements 35 -8- HF2502.5805 (2) 87 tm/rn 8/ 22
of sections 321.284 and 321.284A . A person holding a liquor 1 control license to sell alcoholic beverages for consumption on 2 the licensed premises may permit a customer to carry an open 3 container of wine from their licensed premises into another 4 immediately adjacent licensed premises, temporary closed public 5 right-of-way, or private property. 6 Sec. ___. Section 123.30, Code 2018, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 5. Notwithstanding any provision of this 9 chapter to the contrary, a person holding a liquor control 10 license to sell alcoholic beverages for consumption on the 11 licensed premises may permit a customer to carry an open 12 container of alcoholic liquor from their licensed premises 13 to another immediately adjacent licensed premises, temporary 14 closed public right-of-way, or private property. 15 Sec. ___. Section 123.131, subsection 2, unnumbered 16 paragraph 1, Code 2018, is amended to read as follows: 17 Subject to the rules of the division, sales of beer for 18 consumption off the premises made pursuant to this section 19 may be made in a container other than the original container 20 only if the container is carried into an immediately adjacent 21 licensed or permitted premises, temporary closed public 22 right-of-way, or private property, or if all of the following 23 requirements are met: 24 DIVISION ___ 25 SEXUALLY VIOLENT PREDATORS 26 Sec. ___. Section 229A.8, subsection 5, paragraph e, 27 subparagraph (2), Code 2018, is amended to read as follows: 28 (2) (a) If the committed person shows by a preponderance 29 of the evidence that a final hearing should be held on either 30 determination under subparagraph (1), subparagraph division (a) 31 or (b), or both, the court shall set a final hearing within 32 sixty days of the determination that a final hearing be held. 33 (b) The committed person may waive the sixty-day final 34 hearing requirement under subparagraph subdivision (a); 35 -9- HF2502.5805 (2) 87 tm/rn 9/ 22
however, the committed person or the attorney for the committed 1 person may reassert a demand that the final hearing be held 2 within sixty days from the date of filing the demand with the 3 clerk of court. 4 (c) The final hearing may be continued upon request of 5 either party and a showing of good cause, or by the court 6 on its own motion in the due administration of justice, and 7 if the committed person is not substantially prejudiced. In 8 determining what constitutes good cause, the court shall 9 consider the length of the pretrial detention of the committed 10 person. 11 Sec. ___. Section 229A.15, Code 2018, is amended to read as 12 follows: 13 229A.15 Court records —— sealed and opened by court order. 14 1. Any Except as otherwise provided in this section, any 15 psychological reports, drug and alcohol reports, treatment 16 records, reports of any diagnostic center, medical records, or 17 victim impact statements which have been submitted to the court 18 or admitted into evidence under this chapter shall be part of 19 the record but shall be sealed and opened only on order of the 20 court. 21 2. The documents described in subsection 1 shall be 22 available to the prosecuting attorney or attorney general, the 23 committed person, and the attorney for the committed person 24 without an order of the court. 25 DIVISION ___ 26 EARNED TIME 27 Sec. ___. Section 903A.2, subsection 1, paragraph a, 28 subparagraph (2), Code 2018, is amended to read as follows: 29 (2) However, an inmate required to participate in a sex 30 offender treatment program shall not be eligible for a any 31 reduction of sentence unless until the inmate participates in 32 and completes a sex offender treatment program established by 33 the director. 34 Sec. ___. Section 903A.2, subsection 1, paragraph b, 35 -10- HF2502.5805 (2) 87 tm/rn 10/ 22
subparagraph (2), Code 2018, is amended to read as follows: 1 (2) An inmate required to participate in a domestic abuse 2 treatment program shall not be eligible for a any reduction of 3 sentence unless until the inmate participates in and completes 4 a domestic abuse treatment program established by the director. 5 Sec. ___. Section 903A.3, subsection 1, Code 2018, is 6 amended to read as follows: 7 1. Upon finding that an inmate has violated an institutional 8 rule, has failed to complete a sex offender or domestic abuse 9 treatment program as specified in section 903A.2, or has 10 had an action or appeal dismissed under section 610A.2 , the 11 independent administrative law judge may order forfeiture of 12 any or all earned time accrued and not forfeited up to the 13 date of the violation by the inmate and may order forfeiture 14 of any or all earned time accrued and not forfeited up to 15 the date the action or appeal is dismissed, unless the court 16 entered such an order under section 610A.3 . The independent 17 administrative law judge has discretion within the guidelines 18 established pursuant to section 903A.4 , to determine the amount 19 of time that should be forfeited based upon the severity of the 20 violation. Prior violations by the inmate may be considered by 21 the administrative law judge in the decision. 22 DIVISION ___ 23 MULTIPLE EMPLOYER WELFARE ARRANGEMENTS 24 Sec. ___. Section 507A.4, subsection 9, paragraph c, 25 unnumbered paragraph 1, Code 2018, is amended to read as 26 follows: 27 A multiple employer welfare arrangement that is recognized 28 as tax-exempt under Internal Revenue Code section 501(c)(9) 29 that meets all of the conditions of paragraph “a” shall not be 30 considered any of the following: 31 Sec. ___. Section 513D.1, as enacted by 2018 Iowa Acts, 32 Senate File 2349, section 5, is amended to read as follows: 33 513D.1 Association health plans. 34 The commissioner shall adopt rules that allow for the 35 -11- HF2502.5805 (2) 87 tm/rn 11/ 22
creation of association health plans that are consistent with 1 the United States department of labor’s regulations in 29 2 C.F.R. pt. 2510. A multiple employer welfare arrangement that 3 is recognized as tax-exempt under Internal Revenue Code section 4 501(c)(9) and that is registered with the commissioner prior 5 to January 1, 2018, shall not be considered an association 6 health plan unless the multiple employer welfare arrangement 7 affirmatively elects to be treated as an association health 8 plan. 9 Sec. ___. REPEAL. 2018 Iowa Acts, Senate File 2349, section 10 7, is repealed. 11 DIVISION ___ 12 SELF-PROMOTION —— PUBLIC FUNDS 13 Sec. ___. NEW SECTION . 68A.405A Self-promotion with 14 taxpayer funds prohibited. 15 1. a. Except as provided in sections 29C.3 and 29C.6, a 16 statewide elected official or member of the general assembly 17 shall not permit the expenditure of public moneys under the 18 control of the statewide elected official or member of the 19 general assembly, including but not limited to moneys held in a 20 private trust fund as defined by section 8.2, for the purpose 21 of any paid advertisement or promotion bearing the written 22 name, likeness, or voice of the statewide elected official or 23 member of the general assembly distributed through any of the 24 following means: 25 (1) A paid direct mass mailing. 26 (2) A paid radio advertisement or promotion. 27 (3) A paid newspaper advertisement or promotion. 28 (4) A paid television advertisement or promotion. 29 (5) A paid internet advertisement or promotion. 30 (6) A paid exhibit display at the Iowa state fair or a 31 fairground or grounds as defined in section 174.1. 32 b. Except as otherwise provided by law, paragraph “a” 33 shall not apply to bona fide ministerial or ceremonial records 34 or ordinary, common, and frequent constituent correspondence 35 -12- HF2502.5805 (2) 87 tm/rn 12/ 22
containing the name of the statewide elected official or member 1 of the general assembly. 2 2. A person who willfully violates this section shall be 3 subject to a civil penalty of an amount up to the amount of 4 moneys withdrawn from a public account or private trust fund 5 as defined in section 8.2 used to fund the communication found 6 to be in violation of this section by the board or, for members 7 of the general assembly, by an appropriate legislative ethics 8 committee. A penalty imposed pursuant to this section shall 9 be paid by the candidate’s committee. Such penalty shall be 10 determined and assessed by the board or, for a member of the 11 general assembly, the appropriate legislative ethics committee, 12 and paid into the account from which such moneys were 13 withdrawn. Additional criminal or civil penalties available 14 under section 68A.701 or established by the board pursuant to 15 section 68B.32A may also be determined and assessed by the 16 board for violations of this section. Nothing in this section 17 shall prevent the imposition of any penalty or sanction for a 18 violation of this section by a legislative ethics committee. 19 DIVISION ___ 20 LEASE-PURCHASE CONTRACTS 21 Sec. ___. 2018 Iowa Acts, House File 2253, section 13, is 22 amended to read as follows: 23 SEC. 13. APPLICABILITY. This Act applies to lease-purchase 24 contracts entered into on or after the effective date of this 25 Act. This Act does not apply to any lease-purchase contract 26 that results from a request for proposals or request for 27 qualifications issued by a city with a population of less 28 than 21,000 according to the 2016 special census prior to the 29 effective date of this Act. 30 Sec. ___. RETROACTIVE APPLICABILITY. The following applies 31 retroactively to April 4, 2018: 32 The section of this division of this Act amending 2018 Iowa 33 Acts, House File 2253, section 13. 34 DIVISION ___ 35 -13- HF2502.5805 (2) 87 tm/rn 13/ 22
CONSTRUCTION VEHICLES 1 Sec. ___. Section 321.463, subsection 9, Code 2018, is 2 amended to read as follows: 3 9. A vehicle or combination of vehicles transporting 4 materials or equipment on nonprimary highways to or from a 5 construction project or commercial plant site may operate 6 under the maximum gross weight table for primary highways in 7 subsection 6 , paragraph “a” , if the route is approved by the 8 appropriate local authority. Route approval is not required if 9 the vehicle or combination of vehicles transporting materials 10 or equipment to or from a construction project or commercial 11 plant site complies with or the maximum gross weight table for 12 noninterstate highways in subsection 6 , paragraph “c” . When 13 crossing a bridge, such a vehicle or combination of vehicles 14 shall comply with any weight restriction imposed for the 15 bridge pursuant to section 321.471 or 321.474, provided signs 16 that conform to the manual of uniform traffic-control devices 17 adopted by the department that give notice of the restriction 18 are posted as required under section 321.472 or 321.474, as 19 applicable. 20 DIVISION ___ 21 LOCAL ORDINANCES 22 Sec. ___. Section 331.301, subsection 6, paragraph c, 23 subparagraph (1), unnumbered paragraph 1, Code 2018, is amended 24 to read as follows: 25 A county shall not adopt an ordinance, motion, resolution, 26 or amendment that sets standards or requirements regarding the 27 sale or marketing of consumer merchandise that are different 28 from, or in addition to, any requirement established by state 29 law. For purposes of this paragraph: 30 Sec. ___. Section 364.3, subsection 3, paragraph c, 31 subparagraph (1), unnumbered paragraph 1, Code 2018, is amended 32 to read as follows: 33 A city shall not adopt an ordinance, motion, resolution, or 34 amendment that sets standards or requirements regarding the 35 -14- HF2502.5805 (2) 87 tm/rn 14/ 22
sale or marketing of consumer merchandise that are different 1 from, or in addition to, any requirement established by state 2 law. For purposes of this paragraph: 3 DIVISION ___ 4 HEALTH CARE COVERAGE —— SURVIVING SPOUSE AND CHILDREN 5 Sec. ___. NEW SECTION . 509A.13C Health care coverage for 6 surviving spouse and children of fire fighters and peace officers 7 killed in the line of duty. 8 1. For the purposes of this section, “eligible peace officer 9 or fire fighter” means a peace officer as defined in section 10 801.4, or a fire fighter, to which a line of duty death benefit 11 is payable pursuant to section 97A.6, subsection 16, section 12 97B.52, subsection 2, or section 411.6, subsection 15. 13 2. a. If a governing body, a county board of supervisors, 14 or a city council has procured accident or health care coverage 15 for its employees under this chapter, such coverage shall 16 permit continuation of existing coverage or reenrollment in 17 previously existing coverage for the surviving spouse and each 18 surviving child of an eligible peace officer or fire fighter. 19 b. A governing body, a county board of supervisors, or 20 a city council shall also permit continuation of existing 21 coverage for the surviving spouse and each surviving child 22 of a peace officer as defined in section 801.4, or a fire 23 fighter who dies and to which a line of duty death benefit is 24 reasonably expected to be payable pursuant to section 97A.6, 25 subsection 16, section 97B.52, subsection 2, or section 411.6, 26 subsection 15, until such time as the determination of whether 27 to provide a line of duty death benefit is made. 28 3. A governing body, a county board of supervisors, or 29 a city council providing accident or health care coverage 30 under this section shall not be required to pay for the cost 31 of the coverage. However, a governing body, a county board 32 of supervisors, or a city council may pay the full cost or a 33 portion of the cost of the coverage. If the full cost of the 34 coverage is not paid, a surviving spouse and each surviving 35 -15- HF2502.5805 (2) 87 tm/rn 15/ 22
child eligible for coverage under this section may elect to 1 continue accident or health care coverage by paying that 2 portion of the cost of the coverage not paid by the governing 3 body, county board of supervisors, or city council. 4 4. A governing body, a county board of supervisors, or a 5 city council shall notify the provider of accident or health 6 care coverage for its employees of a surviving spouse and 7 each surviving child to be provided coverage pursuant to the 8 requirements of this section. 9 5. This section shall not require continuation of coverage 10 if the surviving spouse or surviving child who would otherwise 11 be entitled to continuation of coverage under this section was, 12 through the surviving spouse’s or surviving child’s actions, a 13 substantial contributing factor to the death of the eligible 14 peace officer or fire fighter. 15 Sec. ___. APPLICABILITY —— HEALTH CARE COVERAGE FOR PRIOR 16 DEATHS. The surviving spouse and each surviving child of a 17 peace officer as defined in section 801.4, or a fire fighter 18 who died on or after January 1, 1985, but before July 1, 2000, 19 to which the requirements for providing a line of duty death 20 pursuant to section 97A.6, subsection 16, section 97B.52, 21 subsection 2, or section 411.6, subsection 15, would otherwise 22 have been established, and the surviving spouse and each 23 surviving child of an eligible peace officer or fire fighter 24 as defined in section 509A.13C, as enacted in this Act, may 25 be entitled to coverage as provided in section 509A.13C upon 26 written notification of the applicable governing body, county 27 board of supervisors, or city council. Coverage provided under 28 section 509A.13C pursuant to this section shall be for claims 29 for services incurred on or after the date of reenrollment. 30 Sec. ___. EFFECTIVE DATE. This division of this Act, being 31 deemed of immediate importance, takes effect upon enactment. 32 Sec. ___. RETROACTIVE APPLICABILITY. This division of this 33 Act applies retroactively to a death occurring on or after 34 January 1, 1985. 35 -16- HF2502.5805 (2) 87 tm/rn 16/ 22
DIVISION ___ 1 SCHOLARSHIPS FOR SURVIVING CHILDREN OF CERTAIN PERSONS KILLED 2 IN THE LINE OF DUTY 3 Sec. ___. Section 261.87, subsection 1, Code 2018, is 4 amended by adding the following new paragraph: 5 NEW PARAGRAPH . 0d. “Eligible surviving-child student” means 6 a qualified student who is under the age of twenty-six, or 7 under the age of thirty if the student is a veteran who is 8 eligible for benefits, or has exhausted the benefits, under the 9 federal Post-9/11 Veterans Educational Assistance Act of 2008; 10 who is not a convicted felon as defined in section 910.15; and 11 who meets any of the following criteria: 12 (1) Is the child of a peace officer, as defined in section 13 97A.1, who was killed in the line of duty as determined by 14 the board of trustees of the Iowa department of public safety 15 peace officers’ retirement, accident, and disability system in 16 accordance with section 97A.6, subsection 16. 17 (2) Is the child of a police officer or a fire fighter, as 18 each is defined in section 411.1, who was killed in the line of 19 duty as determined by the statewide fire and police retirement 20 system in accordance with section 411.6, subsection 15. 21 (3) Is the child of a sheriff or deputy sheriff as each is 22 defined in section 97B.49C, who was killed in the line of duty 23 as determined by the Iowa public employees’ retirement system 24 in accordance with section 97B.52, subsection 2. 25 (4) Is the child of a fire fighter or police officer 26 included under section 97B.49B, who was killed in the line of 27 duty as determined by the Iowa public employees’ retirement 28 system in accordance with section 97B.52, subsection 2. 29 Sec. ___. Section 261.87, subsection 3, Code 2018, is 30 amended to read as follows: 31 3. Priority for scholarship awards. Priority for 32 scholarships under this section shall be given to eligible 33 foster care students , then to eligible surviving-child 34 students, who meet the eligibility criteria under subsection 35 -17- HF2502.5805 (2) 87 tm/rn 17/ 22
2 . Following distribution to students who meet the eligibility 1 criteria under subsection 2 , the commission may establish 2 priority for awarding scholarships using any moneys that remain 3 in the all Iowa opportunity scholarship fund. 4 DIVISION ___ 5 CREDIT UNIONS 6 Sec. ___. Section 533.212, Code 2018, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 4. A credit union organized in accordance 9 with this chapter shall not include the name of any public 10 university located in the state in its name. For purposes of 11 this subsection, public university located in the state” shall 12 mean the state university of Iowa, the Iowa state university of 13 science and technology, and the university of northern Iowa. 14 Sec. ___. Section 533.329, subsection 2, paragraph b, Code 15 2018, is amended to read as follows: 16 b. The amount collected in each taxing district within 17 a city The moneys and credits tax shall be collected by the 18 department of revenue and shall be apportioned twenty percent 19 to the county, thirty percent to the city general fund, and 20 fifty percent to the general fund of the state, and the amount 21 collected in each taxing district outside of cities shall be 22 apportioned fifty percent to the county and fifty percent to 23 the general fund of the state. 24 Sec. ___. Section 533.329, subsection 2, paragraph c, Code 25 2018, is amended by striking the paragraph. 26 Sec. ___. Section 533.329, Code 2018, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 3. The department of revenue shall 29 administer and enforce the provisions of this section. 30 Sec. ___. EFFECTIVE DATE. The following takes effect April 31 30, 2019: 32 The section of this division of this Act amending section 33 533.212. 34 DIVISION ___ 35 -18- HF2502.5805 (2) 87 tm/rn 18/ 22
MILITARY INSTALLATION —— SCHOOL ENROLLMENT 1 Sec. ___. Section 257.6, subsection 1, paragraph a, Code 2 2018, is amended by adding the following new subparagraph: 3 NEW SUBPARAGRAPH . (8) Pupils who are enrolled in public 4 schools within the district under section 282.1, subsection 5 3, in grades kindergarten through twelve and including 6 prekindergarten pupils enrolled in special education programs. 7 Sec. ___. Section 282.1, subsection 2, Code 2018, is amended 8 to read as follows: 9 2. For purposes of this section , “resident” means a child 10 who is meets either of the following requirements: 11 a. Is physically present in a district, whose residence has 12 not been established in another district by operation of law, 13 and who meets any of the following conditions: 14 a. (1) Is in the district for the purpose of making a home 15 and not solely for school purposes. 16 b. (2) Meets the definitional requirements of the term 17 “homeless individual” under 42 U.S.C. §11302(a) and (c). 18 c. (3) Lives in a juvenile detention center or residential 19 facility in the district. 20 b. Is domiciled with the child’s parent or guardian who is 21 on active duty in the military service of the United States and 22 is stationed at and resides or is domiciled within a federal 23 military installation located contiguous to a county in this 24 state. 25 Sec. ___. Section 282.1, Code 2018, is amended by adding the 26 following new subsections: 27 NEW SUBSECTION . 3. The parent or guardian of a child 28 who meets the requirements of subsection 2, paragraph “b” , 29 paragraph may enroll the child in a school district in a county 30 in this state that is located contiguous to the out-of-state 31 federal military installation. Notwithstanding section 285.1 32 relating to transportation of resident pupils, the parent or 33 guardian is responsible for transporting the child without 34 reimbursement to and from a point on a regular school bus route 35 -19- HF2502.5805 (2) 87 tm/rn 19/ 22
of the district of enrollment. 1 NEW SUBSECTION . 4. Notwithstanding section 282.6, if a 2 parent or guardian enrolls a child in a school district in 3 accordance with subsection 3, the school district shall be free 4 of tuition for such child. 5 DIVISION ___ 6 CRIMINALISTICS LABORATORY FUND 7 Sec. ___. Section 691.9, Code 2018, is amended to read as 8 follows: 9 691.9 Criminalistics laboratory fund. 10 A criminalistics laboratory fund is created as a separate 11 fund in the state treasury under the control of the department 12 of public safety. The fund shall consist of appropriations 13 made to the fund and transfers of interest, and earnings. All 14 moneys in the fund are appropriated to the department of public 15 safety for use by the department in criminalistics laboratory 16 equipment and supply purchasing, maintenance, depreciation, and 17 training. Any balance in the fund on June 30 of any fiscal 18 year shall not revert to any other fund of the state but shall 19 remain available for the purposes described in this section . 20 DIVISION ___ 21 IOWA ENERGY CENTER 22 Sec. ___. Section 476.10A, subsection 1, paragraph c, 23 subparagraph (1), Code 2018, is amended to read as follows: 24 (1) Eighty-five Of eighty-five percent of the remittances 25 collected pursuant to this section is , the following shall 26 occur: 27 (a) For the fiscal year beginning July 1, 2018, such 28 remittances are appropriated to the Iowa energy center created 29 in section 15.120 . 30 (b) For the fiscal year beginning July 1, 2019, the first 31 one million two hundred eighty-thousand dollars of such 32 remittances shall be transferred to the general fund of the 33 state, and the remaining amount is appropriated to the Iowa 34 energy center created in section 15.120. 35 -20- HF2502.5805 (2) 87 tm/rn 20/ 22
(c) For the fiscal year beginning July 1, 2020, the 1 first two million nine hundred ten thousand dollars of such 2 remittances shall be transferred to the general fund of the 3 state, and the remaining amount is appropriated to the Iowa 4 energy center created in section 15.120. 5 (d) For the fiscal year beginning July 1, 2021, the first 6 three million five hundred thirty thousand dollars of such 7 remittances shall be transferred to the general fund of the 8 state, and the remaining amount is appropriated to the Iowa 9 energy center created in section 15.120. 10 DIVISION __ 11 TRIBAL IDENTIFICATION CARD 12 Sec. ___. Section 48A.7A, subsection 1, paragraph b, 13 subparagraph (1), Code 2018, is amended by adding the following 14 new subparagraph division: 15 NEW SUBPARAGRAPH DIVISION . (f) A tribal identification 16 card or other tribal enrollment document issued by a federally 17 recognized Indian tribe or nation, if the tribal identification 18 card or other tribal enrollment document is signed before the 19 card or document is presented to the election official. 20 Sec. ___. Section 49.78, subsection 2, paragraph a, Code 21 2018, is amended by adding the following new subparagraph: 22 NEW SUBPARAGRAPH . (5) A current, valid tribal 23 identification card or other tribal enrollment document 24 issued by a federally recognized Indian tribe or nation, which 25 includes a photograph, signature, and valid expiration date. 26 DIVISION ___ 27 WIND ENERGY CONVERSION PROPERTY 28 Sec. ___. Section 441.21, subsection 5, Code 2018, is 29 amended by adding the following new paragraph: 30 NEW PARAGRAPH . d. For valuations established for the 31 assessment year beginning January 1, 2019, and each assessment 32 year thereafter, the percentages of actual value at which 33 property is assessed, as determined under this subsection, 34 shall not be applied to the value of wind energy conversion 35 -21- HF2502.5805 (2) 87 tm/rn 21/ 22
property valued under section 427B.26 the construction of which 1 is approved by the Iowa utilities board on or after July 1, 2 2018. > 3 4. By renumbering, redesignating, and correcting internal 4 references as necessary. 5 ______________________________ HINSON of Linn -22- HF2502.5805 (2) 87 tm/rn 22/ 22 #4.