House File 2502 H-8505 Amend the amendment, H-8481, to House File 2502 as follows: 1 1. By striking page 1, line 1, through page 13, line 26, and 2 inserting: 3 < Amend House File 2502 as follows: 4 1. By striking everything after the enacting clause and 5 inserting: 6 < DIVISION I 7 STANDING APPROPRIATIONS AND RELATED MATTERS 8 Section 1. 2017 Iowa Acts, chapter 170, is amended by adding 9 the following new section: 10 NEW SECTION . SEC. 5A. GENERAL ASSEMBLY —— FY 2018-2019. 11 1. The appropriations made pursuant to section 2.12 for the 12 expenses of the general assembly and legislative agencies for 13 the fiscal year beginning July 1, 2018, and ending June 30, 14 2019, are reduced by the following amount: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,417,318 16 2. The budgeted amounts for the general assembly and 17 legislative agencies for the fiscal year beginning July 1, 18 2018, may be adjusted to reflect the unexpended budgeted 19 amounts from the previous fiscal year. 20 3. Annual membership dues for organizations, associations, 21 and conferences shall not be paid from moneys appropriated 22 pursuant to section 2.12, except reimbursement for travel 23 expenses may be paid to commissioners serving on the commission 24 of uniform state laws. 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. 2. 2017 Iowa Acts, chapter 170, is amended by adding 29 the following new section: 30 NEW SECTION . SEC. 6A. INSTRUCTIONAL SUPPORT STATE AID —— FY 31 2018-2019. In lieu of the appropriation provided in section 32 257.20, subsection 2, the appropriation for the fiscal year 33 beginning July 1, 2018, and ending June 30, 2019, for paying 34 instructional support state aid under section 257.20 for such 35 -1- H8481.5808 (1) 87 tm/rn 1/ 44 #1.
fiscal years is zero. 1 Sec. 3. Section 257.35, Code 2018, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 12A. Notwithstanding subsection 1, and in 4 addition to the reduction applicable pursuant to subsection 5 2, the state aid for area education agencies and the portion 6 of the combined district cost calculated for these agencies 7 for the fiscal year beginning July 1, 2018, and ending June 8 30, 2019, shall be reduced by the department of management by 9 fifteen million dollars. The reduction for each area education 10 agency shall be prorated based on the reduction that the agency 11 received in the fiscal year beginning July 1, 2003. 12 Sec. 4. SALARY MODEL ADMINISTRATOR. The salary model 13 administrator shall work in conjunction with the legislative 14 services agency to maintain the state’s salary model used for 15 analyzing, comparing, and projecting state employee salary 16 and benefit information, including information relating to 17 employees of the state board of regents. The department of 18 revenue, the department of administrative services, the five 19 institutions under the jurisdiction of the state board of 20 regents, the judicial district departments of correctional 21 services, and the state department of transportation shall 22 provide salary data to the department of management and the 23 legislative services agency to operate the state’s salary 24 model. The format and frequency of provision of the salary 25 data shall be determined by the department of management and 26 the legislative services agency. The information shall be 27 used in collective bargaining processes under chapter 20 and 28 in calculating the funding needs contained within the annual 29 salary adjustment legislation. A state employee organization 30 as defined in section 20.3, subsection 4, may request 31 information produced by the model, but the information provided 32 shall not contain information attributable to individual 33 employees. 34 DIVISION II 35 -2- H8481.5808 (1) 87 tm/rn 2/ 44
MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 1 Sec. 5. Section 331.424A, subsection 9, Code 2018, as 2 amended by 2018 Iowa Acts, House File 2456, section 14, is 3 amended to read as follows: 4 a. For the fiscal year beginning July 1, 2017, and each 5 subsequent fiscal year, the county budgeted amount determined 6 for each county shall be the amount necessary to meet the 7 county’s financial obligations for the payment of services 8 provided under the regional service system management plan 9 approved pursuant to section 331.393 , not to exceed an amount 10 equal to the product of the regional per capita expenditure 11 target amount multiplied by the county’s population , and, for 12 fiscal years beginning on or after July 1, 2021, reduced by 13 the amount of the county’s cash flow reduction amount for the 14 fiscal year calculated under subsection 4, if applicable . 15 b. If a county officially joins a different region, the 16 county’s budgeted amount shall be the amount necessary to meet 17 the county’s financial obligations for payment of services 18 provided under the new region’s regional service system 19 management plan approved pursuant to section 331.393, not to 20 exceed an amount equal to the product of the new region’s 21 regional per capita expenditure target amount multiplied by 22 the county’s population , and, for fiscal years beginning on 23 or after July 1, 2021, reduced by the amount of the county’s 24 cash flow reduction amount for the fiscal year calculated under 25 subsection 4, if applicable . 26 Sec. 6. 2017 Iowa Acts, chapter 170, section 13, is amended 27 to read as follows: 28 SEC. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding 29 section 8.56, subsection 3 and subsection 4 , paragraph “a” and 30 section 8.57, subsection 1, paragraph “a” , there is transferred 31 from the cash reserve fund created in section 8.56 to the 32 general fund of the state for the fiscal year beginning July 1, 33 2016, and ending June 30, 2017, the following amount: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,100,000 35 -3- H8481.5808 (1) 87 tm/rn 3/ 44
Sec. 7. 2018 Iowa Acts, House File 2441, section 17, 1 subsection 1, is amended by striking the subsection. 2 Sec. 8. 2018 Iowa Acts, Senate File 2117, section 11, 3 subsection 1, is amended to read as follows: 4 1. There is appropriated from the Iowa economic emergency 5 fund created in section 8.55 to the general fund of the state 6 for the fiscal year beginning July 1, 2017 2016 , and ending 7 June 30, 2018 2017 , the following amount: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,000,000 9 Sec. 9. 2018 Iowa Acts, Senate File 2117, section 12, is 10 amended to read as follows: 11 SEC. 12. RETROACTIVE APPLICABILITY. The following 12 provision or provisions of this division of this Act apply 13 retroactively to September 28, 2017 June 30, 2017 : 14 The section of this division of this Act appropriating 15 moneys from the Iowa economic emergency fund to the general 16 fund in lieu of a prior standing appropriation. 17 Sec. 10. RETROACTIVE APPLICABILITY. The following applies 18 retroactively to May 12, 2017: 19 The section of this division of this Act amending 2017 Iowa 20 Acts, chapter 170, section 13. 21 Sec. 11. RETROACTIVE APPLICABILITY. The following applies 22 retroactively to the effective date of section 256.9A, as 23 enacted by 2018 Iowa Acts, House File 2441, section 1: 24 The section of this division of this Act amending 2018 Iowa 25 Acts, House File 2441, section 17, subsection 1. 26 Sec. 12. EFFECTIVE DATE. This division of this Act, being 27 deemed of immediate importance, takes effect upon enactment. 28 DIVISION III 29 CORRECTIVE PROVISIONS 30 Sec. 13. Section 9A.102, subsection 1, Code 2017, as amended 31 by 2018 Iowa Acts, Senate File 385, section 2, is amended to 32 read as follows: 33 1. “Agency contract” means an agreement in which a student 34 athlete authorizes a person to negotiate or solicit on behalf 35 -4- H8481.5808 (1) 87 tm/rn 4/ 44
of the athlete a professional sports services contract or an 1 endorsement contract. 2 Sec. 14. Section 68B.2C, as enacted by 2018 Iowa Acts, 3 Senate File 2323, section 7, is amended to read as follows: 4 68B.2C Prohibited outside employment and activities —— agents 5 of foreign principals. 6 Officials and state employees shall not engage in any 7 outside employment or activity that requires the person to 8 register under the federal Foreign Agents Registration Act of 9 1938, as amended , 22 U.S.C. §611 et seq. , as amended. 10 Sec. 15. Section 84A.4, subsection 4, paragraph f, Code 11 2018, if enacted by 2018 Iowa Acts, Senate File 2353, section 12 6, is amended to read as follows: 13 f. Proven and promising practices. The local workforce 14 development board shall lead efforts in the local workforce 15 development area to do all of the following: 16 (1) Identify identify and promote proven and promising 17 strategies and initiatives for meeting the needs of employers, 18 workers, and jobseekers, including individuals with a barrier 19 to employment, in the local workforce development system, 20 including providing physical and programmatic accessibility, 21 in accordance with 29 U.S.C. §3248, if applicable, applicable 22 provisions of chapter 216, and applicable provisions of the 23 Americans with Disabilities Act of 1990, codified at 42 U.S.C. 24 §12101 et seq., to the one-stop delivery system. 25 Sec. 16. Section 123.92, subsection 3, paragraph a, Code 26 2018, as amended by 2018 Iowa Acts, Senate File 2310, section 27 47, is amended to read as follows: 28 a. Notwithstanding section 123.49, subsection 1 , any 29 person who is injured in person or property or means of 30 support by an intoxicated person who is under legal age or 31 resulting from the intoxication of a person who is under 32 legal age, has a right of action for all damages actually 33 sustained, severally or jointly, against a person who is 34 not a licensee or permittee and who dispensed or gave any 35 -5- H8481.5808 (1) 87 tm/rn 5/ 44
alcoholic beverage to the intoxicated underage person when the 1 nonlicensee or nonpermittee who dispensed or gave the alcoholic 2 beverage to the underage person knew or should have known the 3 underage person was intoxicated, or who dispensed or gave any 4 alcoholic beverage to the underage person to a point where the 5 nonlicensee or nonpermittee knew or should have known that the 6 underage person would become intoxicated. 7 Sec. 17. Section 135.16A, subsection 1, paragraph a, as 8 enacted by 2018 Iowa Acts, House File 2408, section 1, is 9 amended to read as follows: 10 a. “Conventional eggs” means eggs others other than 11 specialty eggs. 12 Sec. 18. Section 147C.1, subsection 7, paragraph e, 13 subparagraph (2), subparagraph division (h), as enacted by 2018 14 Iowa Acts, House File 2425, section 1, is amended to read as 15 follows: 16 (h) Disclosure of investigative records compiled for law 17 enforcement purposes of any of the following . 18 Sec. 19. Section 148H.1, subsection 4, as enacted by 2018 19 Iowa Acts, Senate File 2228, section 5, is amended to read as 20 follows: 21 4. “Genetic counseling intern” means a student enrolled in 22 a genetic counseling program accredited by the accreditation 23 council for genetic counseling or its equivalent or successor 24 organization, or the American board of medical genetics and 25 genomics or its equivalent or successor organization. 26 Sec. 20. Section 256.7, subsection 21, paragraph b, 27 subparagraph (2), subparagraph division (d), as enacted by 2018 28 Iowa Acts, House File 2235, section 1, is amended to read as 29 follows: 30 (d) That the assessment be peer-reviewed by an independent, 31 third-party evaluator to determine that the assessment is 32 aligned with the Iowa core academic standards, provides 33 a measurement of student growth and student proficiency, 34 and meets the summative assessment requirements of the 35 -6- H8481.5808 (1) 87 tm/rn 6/ 44
federal Every Student Succeeds Act, Pub. L. No. 114-95. The 1 assessment developed by the Iowa testing service program 2 within the university of Iowa college of education shall make 3 any necessary adjustments as determined by the peer review 4 be adjusted as necessary to meet the requirements of this 5 subparagraph (2) as determined by the peer review . 6 Sec. 21. Section 256.42, subsection 5, Code 2018, as amended 7 by 2018 Iowa Acts, Senate File 2131, section 1, is amended to 8 read as follows: 9 5. Under the initiative, a student must be enrolled in 10 a participating school district or accredited nonpublic 11 school or be receiving private instruction under chapter 299A 12 as described in subsection 1. For a student enrolled in a 13 participating school district or accredited nonpublic school, 14 the school district or school is responsible for recording 15 grades received for initiative coursework in a student’s 16 permanent record, awarding high school credit for initiative 17 coursework, and issuing a high school diplomas diploma to a 18 student enrolled in the district or school who participates and 19 completes coursework under the initiative. Each participating 20 school shall identify a site coordinator to serve as a student 21 advocate and as a liaison between the initiative staff and 22 teachers and the school district or accredited nonpublic 23 school. The individual providing instruction to a student 24 under chapter 299A as described in subsection 1 shall receive 25 the student’s score for completed initiative coursework. 26 Sec. 22. Section 261.131, subsection 1, paragraph d, Code 27 2018, as enacted by 2018 Iowa Acts, House File 2458, section 28 12, is amended to read as follows: 29 d. “Eligible program” means a program of study or an 30 academic major jointly approved by the commission and the 31 department of workforce development, in consultation with an 32 eligible institution, that leads to a credential aligned with a 33 high-demand job designated by the workforce development board 34 or a community college pursuant to section 84A.1B, subsection 35 -7- H8481.5808 (1) 87 tm/rn 7/ 44
13A. If the board or a community college removes a high-demand 1 job from a list created under section 84A.1B, subsection 13A, 2 an eligible student who received a scholarship for a program 3 based on that high-demand job shall continue to receive the 4 scholarship until achieving a postsecondary credential, up to 5 an associate degree, as long as the student continues to meet 6 all other eligibility requirements. 7 Sec. 23. Section 280.13C, subsection 4, paragraph a, Code 8 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, 9 is amended to read as follows: 10 a. The department of public health, Iowa high school 11 athletic association, and the Iowa girls high school athletic 12 union shall work together to distribute the guidelines of the 13 centers for disease control and prevention guidelines of the 14 United States department of health and human services and other 15 pertinent information to inform and educate coaches, students, 16 and the parents and guardians of students of the risks, signs, 17 symptoms, and behaviors consistent with a concussion or brain 18 injury, including the danger of continuing to participate in 19 extracurricular interscholastic activities after suffering a 20 concussion or brain injury and their responsibility to report 21 such signs, symptoms, and behaviors if they occur. 22 Sec. 24. Section 280.13C, subsection 8, paragraph a, Code 23 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, 24 is amended to read as follows: 25 a. A school district or accredited nonpublic school that 26 adopts and follows the protocol required by this section and 27 provides an emergency medical care provider or a licensed 28 health care provider at a contest that is a contact or limited 29 contact activity as identified by the American academy of 30 pediatrics shall not be liable for any claim for injuries or 31 damages based upon the actions or inactions of the emergency 32 medical care provider or the licensed health care provider 33 present at the contest at the request of the school district 34 or accredited nonpublic school so long as the emergency 35 -8- H8481.5808 (1) 87 tm/rn 8/ 44
medical care provider or the licensed health care provider 1 acts reasonably and in good faith and in the best interest of 2 the student athlete and without undue influence of the school 3 district or accredited nonpublic school or coaching staff 4 employed by the school district or accredited nonpublic school. 5 A school district or accredited nonpublic school shall not be 6 liable for any claim for injuries or damages if an emergency 7 medical care provider or a licensed health care provider who 8 was scheduled in accordance with a prearranged agreement with 9 the school district or accredited nonpublic school to be 10 present and available at a contest is not able to be present 11 and available due to documentable, unforeseen circumstances and 12 the school district or accredited nonpublic school otherwise 13 followed the protocol. 14 Sec. 25. Section 298.3, subsection 1, paragraph j, Code 15 2018, as amended by 2018 Iowa Acts, House File 2253, section 9, 16 is amended to read as follows: 17 j. The purchase of buildings or lease-purchase option 18 agreements for school buildings. However, a contract 19 for construction by a private party of property to be 20 lease-purchased by a public school corporation is a contract 21 for a public improvement as defined in section 26.2. If the 22 estimated cost of the property to be lease-purchased that is 23 renovated, repaired, or involves new construction in excess 24 of exceeds the competitive bid threshold in section 26.3, the 25 board of directors shall comply with the competitive bidding 26 requirements of section 26.3. 27 Sec. 26. Section 321G.13, subsection 2, paragraph b, 28 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 29 Senate File 2231, section 1, is amended to read as follows: 30 (2) A person may operate or ride on a snowmobile with a 31 loaded pistol or revolver, whether concealed or not, if a the 32 person is operating or riding the snowmobile on land that is 33 not owned, possessed, or rented by the person, and the person’s 34 conduct is otherwise lawful. 35 -9- H8481.5808 (1) 87 tm/rn 9/ 44
Sec. 27. Section 321I.14, subsection 2, paragraph b, 1 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 2 Senate File 2231, section 3, is amended to read as follows: 3 (2) A person may operate or ride on all an all-terrain 4 vehicle with a loaded pistol or revolver, whether concealed or 5 not, if a the person is operating or riding the all-terrain 6 vehicle on land that is not owned, possessed, or rented by the 7 person, and the person’s conduct is otherwise lawful. 8 Sec. 28. Section 321I.14, subsection 6, as enacted by 2018 9 Iowa Acts, Senate File 2231, section 4, is amended to read as 10 follows: 11 6. As used in this section , “rented by the person” includes 12 a person who does not necessarily rent the land but who 13 principally provides labor for the production of crops located 14 on agricultural land or for the production of livestock 15 principally located on agricultural land. The person must 16 personally provide such labor on a regular, continuous, and 17 substantial basis. 18 Sec. 29. Section 364.4, subsection 4, paragraph i, Code 19 2018, as amended by 2018 Iowa Acts, House File 2253, section 20 11, is amended to read as follows: 21 i. A contract for construction by a private party of 22 property to be lease-purchased by a city is a contract for a 23 public improvement under section 26.2, subsection 3 . If the 24 estimated cost of the property to be lease-purchased that is 25 renovated, repaired, or involves new construction exceeds the 26 competitive bid threshold set in section 26.3, the city shall 27 comply with the competitive bidding requirements of section 28 26.3. 29 Sec. 30. Section 633.42, subsection 1, Code 2018, as amended 30 by 2018 Iowa Acts, Senate File 2098, section 3, is amended to 31 read as follows: 32 1. At any time after the issuance of letters of appointment, 33 any interested person in the proceeding may file with the 34 clerk a written request for notice of the time and place of 35 -10- H8481.5808 (1) 87 tm/rn 10/ 44
all hearings in such proceeding for which notice is required 1 by law, by rule of court, or by an order in such proceeding. 2 The request for notice shall state the name of the requester, 3 the name of the requester’s attorney, if any, and the reason 4 the requester is an interested person in the proceeding. The 5 request for notice shall provide the requester’s post office 6 address , and , if available, the requester’s electronic mail 7 address and telephone number. The request for notice shall 8 also provide the requester’s attorney’s post office address, 9 electronic mail address, and telephone number. The clerk shall 10 docket the request. Thereafter, unless otherwise ordered by 11 the court, the fiduciary shall serve by ordinary or electronic 12 mail a notice of each hearing upon such requester and the 13 requester’s attorney, if any. 14 Sec. 31. Section 633.418, Code 2018, as amended by 2018 15 Iowa Acts, Senate File 2098, section 6, is amended to read as 16 follows: 17 633.418 Form and verification of claims —— general 18 requirements. 19 No claim shall be allowed against an estate on application 20 of the claimant unless it shall be in writing, filed with 21 the clerk, stating the claimant’s name , and address , and , 22 if available, telephone number and electronic mail address, 23 describing the nature and the amount thereof, if ascertainable, 24 and accompanied by the affidavit of the claimant, or someone 25 for the claimant, that the amount is justly due, or if not yet 26 due, when it will or may become due, that no payments have been 27 made thereon which are not credited, and that there are no 28 offsets to the same, to the knowledge of the affiant, except as 29 therein stated. If the claim is contingent, the nature of the 30 contingency shall also be stated. 31 Sec. 32. Section 651.29, subsection 5, paragraphs b and c, 32 as enacted by 2018 Iowa Acts, Senate File 2175, section 29, are 33 amended to read as follows: 34 b. If none of the cotenants has have paid the entire price 35 -11- H8481.5808 (1) 87 tm/rn 11/ 44
for the remaining interest in the heirs property, the court 1 shall resolve the partition action under section 651.30 as if 2 the interest of the cotenant that had requested partition by 3 sale of the heirs property has not been purchased. 4 c. If more than one cotenant have has paid the entire price 5 for the remaining interest in the heirs property, the court 6 shall reapportion the remaining interest among such cotenants 7 based on each cotenant’s original fractional ownership of the 8 entire heirs property divided by the total original fractional 9 ownership of all cotenants that paid the entire price for 10 the remaining interest. The court shall promptly issue an 11 order reallocating all cotenants’ interests, disburse the 12 amounts held by the court to the persons entitled to such 13 disbursements, and promptly refund any excess payments held by 14 the court to the appropriate persons. 15 Sec. 33. Section 655.6, subsection 1, as enacted by 2018 16 Iowa Acts, House File 2232, section 5, is amended to read as 17 follows: 18 1. The mortgagee established reasonable procedures to 19 achieve compliance with its obligations under section 655.3. 20 Sec. 34. Section 716.11, subsection 1, paragraph b, as 21 enacted by 2018 Iowa Acts, Senate File 2235, section 1, is 22 amended to read as follows: 23 b. A gas, oil, petroleum, refined petroleum product, 24 renewable fuel, or chemical critical generation, storage , 25 transportation, or delivery system. 26 Sec. 35. 2018 Iowa Acts, Senate File 2117, section 1, 27 paragraphs p and s, are amended to read as follows: 28 p. Department of economic Economic development authority 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 157,960 30 s. College student aid commission 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,172 32 Sec. 36. 2018 Iowa Acts, House File 2442, section 4, is 33 amended to read as follows: 34 SEC. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 35 -12- H8481.5808 (1) 87 tm/rn 12/ 44
with section 25B.2, subsection 3, the state cost of requiring 1 compliance with any state mandate included in this division 2 of this Act shall be paid by a school district from state 3 school foundation aid received by the school district under 4 section 257.16. This specification of the payment of the state 5 cost shall be deemed to meet all of the state funding-related 6 requirements of section 25B.2, subsection 3, and no additional 7 state funding shall be necessary for the full implementation of 8 this Act by and enforcement of this Act against all affected 9 school districts. 10 Sec. 37. REPEAL. 2018 Iowa Acts, House File 2348, section 11 9, is repealed. 12 Sec. 38. REPEAL. 2018 Iowa Acts, House File 2457, sections 13 115 and 116 are repealed. 14 Sec. 39. EFFECTIVE DATE. The following, being deemed of 15 immediate importance, takes effect upon enactment: 16 The section of this division of this Act amending 2018 Iowa 17 Acts, Senate File 2117, section 1, paragraphs “p” and “s”. 18 Sec. 40. RETROACTIVE APPLICABILITY. The following applies 19 retroactively to March 28, 2018: 20 The section of this division of this Act amending 2018 Iowa 21 Acts, Senate File 2117, section 1, paragraphs “p” and “s”. 22 Sec. 41. APPLICABILITY. The following apply July 1, 2018, 23 to probate filings made on or after that date: 24 1. The section of this division of this Act amending section 25 633.42. 26 2. The section of this division of this Act amending section 27 633.418. 28 DIVISION IV 29 SEXUAL HARASSMENT 30 Sec. 42. NEW SECTION . 68A.702 Sexual harassment —— payment 31 of claims. 32 1. Any judgment awarded to a victim as a result of sexual 33 harassment, or any payment made to a victim as settlement of a 34 claim of sexual harassment, by a statewide elected official or 35 -13- H8481.5808 (1) 87 tm/rn 13/ 44
member of the general assembly, or the partisan staff of such a 1 person, that occurs while such a person is engaged in conduct 2 for which that person was elected or hired or during a time 3 for which that person receives payment from the state of Iowa, 4 shall be paid out of the campaign account of such a person or by 5 the state party of such a person. 6 2. Any judgment awarded to a victim as a result of sexual 7 harassment, or any payment made to a victim as settlement of 8 a claim of sexual harassment, by a person appointed by the 9 governor, or the partisan staff of such a person, that occurs 10 while such a person is engaged in conduct for which that person 11 was appointed or hired or during a time for which that person 12 receives payment from the state of Iowa, shall be paid out of 13 the campaign account of the governor or by the state party of 14 the governor. 15 3. The state of Iowa shall seek reimbursement for any 16 payments made by the state of Iowa inconsistent with this 17 section, including those made before the effective date of this 18 Act. 19 Sec. 43. RETROACTIVE APPLICABILITY. This division of 20 this Act applies retroactively to all judgments awarded 21 to or settlements paid to a victim as a result of sexual 22 harassment by a statewide elected official or member of the 23 general assembly, or the partisan staff of such a person, or a 24 gubernatorial appointee or the partisan staff of such a person. 25 DIVISION V 26 HEALTH BENEFIT PLANS SPONSORED BY CERTAIN AGRICULTURAL 27 ORGANIZATIONS 28 Sec. 44. Section 505.20, as enacted by 2018 Iowa Acts, 29 Senate File 2349, section 1, is amended by adding the following 30 new subsection: 31 NEW SUBSECTION . 4. A health benefit plan sponsored by 32 a nonprofit agricultural organization for the nonprofit 33 agricultural organization’s members pursuant to this chapter 34 shall not deny, exclude, or limit benefits for a member based 35 -14- H8481.5808 (1) 87 tm/rn 14/ 44
on a member’s preexisting condition. 1 DIVISION VI 2 ASSOCIATION HEALTH PLANS 3 Sec. 45. Section 513D.1, as enacted by 2018 Iowa Acts, 4 Senate File 2349, section 5, is amended to read as follows: 5 513D.1 Association health plans. 6 The commissioner shall adopt rules that allow for the 7 creation of association health plans that are consistent with 8 the United States department of labor’s regulations in 29 9 C.F.R. pt. 2510. An association health plan created pursuant 10 to this chapter shall not deny, exclude, or limit benefits for 11 a member based on a member’s preexisting condition. 12 DIVISION VII 13 MEDICAL CANNABIS 14 Sec. 46. Section 124.204, subsection 4, paragraphs m and u, 15 Code 2018, are amended by striking the paragraphs. 16 Sec. 47. Section 124.204, subsection 7, Code 2018, is 17 amended by striking the subsection. 18 Sec. 48. Section 124.206, subsection 7, Code 2018, is 19 amended to read as follows: 20 7. Hallucinogenic substances. Unless specifically excepted 21 or unless listed in another schedule, any material, compound, 22 mixture, or preparation which contains any quantity of the 23 following substances , or, for purposes of paragraphs “a” and 24 “b” , which contains any of its salts, isomers, or salts of 25 isomers whenever the existence of such salts, isomers, or salts 26 of isomers is possible within the specific chemical designation 27 (for purposes of this paragraph only, the term “isomer” 28 includes the optical, positional, and geometric isomers) : 29 a. Marijuana when used for medicinal purposes pursuant to 30 rules of the board . 31 b. Tetrahydrocannabinols, meaning tetrahydrocannabinols 32 naturally contained in a plant of the genus cannabis (cannabis 33 plant) as well as synthetic equivalents of the substances 34 contained in the cannabis plant, or in the resinous extractives 35 -15- H8481.5808 (1) 87 tm/rn 15/ 44
of such plant, and synthetic substances, derivatives, and their 1 isomers with similar chemical structure and pharmacological 2 activity to those substances contained in the plant, such as 3 the following: 4 (1) 1 cis or trans tetrahydrocannabinol, and their optical 5 isomers. 6 (2) 6 cis or trans tetrahydrocannabinol, and their optical 7 isomers. 8 (3) 3,4 cis or trans tetrahydrocannabinol, and their 9 optical isomers. (Since nomenclature of these substances 10 is not internationally standardized, compounds of these 11 structures, regardless of numerical designation of atomic 12 positions covered.) 13 b. c. Nabilone [another name for nabilone: (+-) - 14 trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- 15 hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]. 16 Sec. 49. Section 124.401, subsection 5, unnumbered 17 paragraph 3, Code 2018, is amended to read as follows: 18 A person may knowingly or intentionally recommend, possess, 19 use, dispense, deliver, transport, or administer cannabidiol 20 medical cannabis if the recommendation, possession, use, 21 dispensing, delivery, transporting, or administering is in 22 accordance with the provisions of chapter 124D 124E . For 23 purposes of this paragraph, “cannabidiol” “medical cannabis” 24 means the same as defined in section 124D.2 124E.2 . 25 Sec. 50. NEW SECTION . 124E.1 Short title. 26 This chapter shall be known and may be cited as the 27 “Compassionate Use of Medical Cannabis Act” . 28 Sec. 51. NEW SECTION . 124E.2 Definitions. 29 As used in this chapter: 30 1. “Debilitating medical condition” means any of the 31 following: 32 a. Cancer, if the underlying condition or treatment produces 33 one or more of the following: 34 (1) Intractable pain. 35 -16- H8481.5808 (1) 87 tm/rn 16/ 44
(2) Nausea or severe vomiting. 1 (3) Cachexia or severe wasting. 2 b. Multiple sclerosis. 3 c. Epilepsy or seizure disorders. 4 d. AIDS or HIV as defined in section 141A.1. 5 e. Glaucoma. 6 f. Hepatitis C. 7 g. Crohn’s disease or ulcerative colitis. 8 h. Amyotrophic lateral sclerosis. 9 i. Ehlers-Danlos syndrome. 10 j. Post-traumatic stress disorder. 11 k. Tourette’s syndrome. 12 l. Any terminal illness, with a probable life expectancy of 13 under one year, if the illness or its treatment produces one or 14 more of the following: 15 (1) Intractable pain. 16 (2) Nausea or severe vomiting. 17 (3) Cachexia or severe wasting. 18 m. Intractable pain. 19 n. Parkinson’s disease. 20 o. Muscular dystrophy. 21 p. Huntington’s disease. 22 q. Alzheimer’s disease. 23 r. Complex regional pain syndrome, type I and II. 24 s. Rheumatoid arthritis. 25 t. Polyarteritis nodosa. 26 u. Any other chronic or debilitating disease or medical 27 condition or its medical treatment approved by the department 28 pursuant to rule. 29 2. “Department” means the department of public health. 30 3. “Disqualifying felony offense” means a violation under 31 federal or state law of a felony offense, which has as an 32 element the possession, use, or distribution of a controlled 33 substance, as defined in 21 U.S.C. §802(6). 34 4. “Enclosed, locked facility” means a closet, room, 35 -17- H8481.5808 (1) 87 tm/rn 17/ 44
greenhouse, or other enclosed area equipped with locks or 1 other security devices that permit access only by authorized 2 personnel. 3 5. “Health care practitioner” means an individual licensed 4 under chapter 148 to practice medicine and surgery or 5 osteopathic medicine and surgery or an individual licensed to 6 practice medicine in any other state who provides specialty 7 care for an Iowa resident for one or more of the debilitating 8 medical conditions provided in this chapter. 9 6. “Intractable pain” means a pain in which the cause of the 10 pain cannot be removed or otherwise treated with the consent 11 of the patient and which, in the generally accepted course of 12 medical practice, no relief or cure of the cause of the pain 13 is possible, or none has been found after reasonable efforts. 14 Reasonable efforts for relieving or curing the cause of the 15 pain may be determined on the basis of but are not limited to 16 any of the following: 17 a. When treating a nonterminally ill patient for intractable 18 pain, evaluation by the attending physician and one or more 19 physicians specializing in pain medicine or the treatment of 20 the area, system, or organ of the body perceived as the source 21 of the pain. 22 b. When treating a terminally ill patient, evaluation by 23 the attending physician who does so in accordance with the 24 level of care, skill, and treatment that would be recognized 25 by a reasonably prudent physician under similar conditions and 26 circumstances. 27 7. “Medical cannabis” means any species of the genus 28 cannabis plant, or any mixture or preparation of them, 29 including whole plant extracts and resins. 30 8. “Medical cannabis dispensary” means an entity licensed 31 under section 124E.8 that acquires medical cannabis from a 32 medical cannabis manufacturer in this state for the purpose 33 of dispensing medical cannabis in this state pursuant to this 34 chapter. 35 -18- H8481.5808 (1) 87 tm/rn 18/ 44
9. “Medical cannabis manufacturer” means an entity licensed 1 under section 124E.6 to manufacture and to possess, cultivate, 2 transport, or supply medical cannabis pursuant to the 3 provisions of this chapter. 4 10. “Primary caregiver” means a person, at least eighteen 5 years of age, who has been designated by a patient’s health 6 care practitioner or a person having custody of a patient, as 7 a necessary caretaker taking responsibility for managing the 8 well-being of the patient with respect to the use of medical 9 cannabis pursuant to the provisions of this chapter. 10 11. “Written certification” means a document signed by a 11 health care practitioner, with whom the patient has established 12 a patient-provider relationship, which states that the patient 13 has a debilitating medical condition and identifies that 14 condition and provides any other relevant information. 15 Sec. 52. NEW SECTION . 124E.3 Health care practitioner 16 certification —— duties. 17 1. Prior to a patient’s submission of an application for a 18 medical cannabis registration card pursuant to section 124E.4, 19 a health care practitioner shall do all of the following: 20 a. Determine, in the health care practitioner’s medical 21 judgment, whether the patient whom the health care practitioner 22 has examined and treated suffers from a debilitating medical 23 condition that qualifies for the use of medical cannabis under 24 this chapter, and if so determined, provide the patient with a 25 written certification of that diagnosis. 26 b. Provide explanatory information as provided by the 27 department to the patient about the therapeutic use of medical 28 cannabis. 29 c. Determine, on an annual basis, if the patient continues 30 to suffer from a debilitating medical condition and, if so, 31 issue the patient a new certification of that diagnosis. This 32 paragraph shall not apply if the patient is suffering from an 33 incurable debilitating medical condition. 34 d. Otherwise comply with all requirements established by the 35 -19- H8481.5808 (1) 87 tm/rn 19/ 44
department pursuant to rule. 1 2. A health care practitioner may provide, but has no duty 2 to provide, a written certification pursuant to this section. 3 Sec. 53. NEW SECTION . 124E.4 Medical cannabis registration 4 card. 5 1. Issuance to patient. The department may approve the 6 issuance of a medical cannabis registration card by the 7 department of transportation to a patient who: 8 a. Is at least eighteen years of age. 9 b. Is a permanent resident of this state. 10 c. Submits a written certification to the department signed 11 by the patient’s health care practitioner that the patient is 12 suffering from a debilitating medical condition. 13 d. Submits an application to the department, on a form 14 created by the department, in consultation with the department 15 of transportation, that contains all of the following: 16 (1) The patient’s full name, Iowa residence address, date 17 of birth, and telephone number. 18 (2) A copy of the patient’s valid photograph 19 identification. 20 (3) Full name, address, and telephone number of the 21 patient’s health care practitioner. 22 (4) Full name, residence address, date of birth, and 23 telephone number of each primary caregiver of the patient, if 24 any. 25 (5) Any other information required by rule. 26 e. Submits a medical cannabis registration card fee of one 27 hundred dollars to the department. If the patient attests to 28 receiving social security disability benefits, supplemental 29 security insurance payments, or being enrolled in the medical 30 assistance program, the fee shall be twenty-five dollars. 31 2. Patient card contents. A medical cannabis registration 32 card issued to a patient by the department of transportation 33 pursuant to subsection 1 shall contain, at a minimum, all of 34 the following: 35 -20- H8481.5808 (1) 87 tm/rn 20/ 44
a. The patient’s full name, Iowa residence address, and date 1 of birth. 2 b. The patient’s photograph. 3 c. The date of issuance and expiration of the registration 4 card. 5 d. Any other information required by rule. 6 3. Issuance to primary caregiver. For a patient in a 7 primary caregiver’s care, the department may approve the 8 issuance of a medical cannabis registration card by the 9 department of transportation to the primary caregiver who: 10 a. Submits a written certification to the department signed 11 by the patient’s health care practitioner that the patient in 12 the primary caregiver’s care is suffering from a debilitating 13 medical condition. 14 b. Submits an application to the department, on a form 15 created by the department, in consultation with the department 16 of transportation, that contains all of the following: 17 (1) The primary caregiver’s full name, residence address, 18 date of birth, and telephone number. 19 (2) The patient’s full name. 20 (3) A copy of the primary caregiver’s valid photograph 21 identification. 22 (4) Full name, address, and telephone number of the 23 patient’s health care practitioner. 24 (5) Any other information required by rule. 25 c. Submits a medical cannabis registration card fee of 26 twenty-five dollars to the department. 27 4. Primary caregiver card contents. A medical cannabis 28 registration card issued by the department of transportation to 29 a primary caregiver pursuant to subsection 3 shall contain, at 30 a minimum, all of the following: 31 a. The primary caregiver’s full name, residence address, and 32 date of birth. 33 b. The primary caregiver’s photograph. 34 c. The date of issuance and expiration of the registration 35 -21- H8481.5808 (1) 87 tm/rn 21/ 44
card. 1 d. The registration card number of each patient in the 2 primary caregiver’s care. If the patient in the primary 3 caregiver’s care is under the age of eighteen, the full name of 4 the patient’s parent or legal guardian. 5 e. Any other information required by rule. 6 5. Expiration date of card. A medical cannabis registration 7 card issued pursuant to this section shall expire one year 8 after the date of issuance and may be renewed. 9 6. Card issuance —— department of transportation. 10 a. The department may enter into a chapter 28E agreement 11 with the department of transportation to facilitate the 12 issuance of medical cannabis registration cards pursuant to 13 subsections 1 and 3. 14 b. The department of transportation may issue renewal 15 medical cannabis registration cards through an online or 16 in-person process. 17 Sec. 54. NEW SECTION . 124E.5 Medical advisory board —— 18 duties. 19 1. No later than August 15, 2018, the director of public 20 health shall establish a medical advisory board consisting of 21 nine practitioners representing the fields of neurology, pain 22 management, gastroenterology, oncology, psychiatry, pediatrics, 23 infectious disease, family medicine, and pharmacy, and three 24 patients or primary caregivers with valid medical cannabis 25 registration cards. The practitioners shall be nationally 26 board-certified in their area of specialty and knowledgeable 27 about the use of medical cannabis. 28 2. A quorum of the advisory board shall consist of seven 29 members. 30 3. The duties of the advisory board shall include but not be 31 limited to the following: 32 a. Reviewing and recommending to the department for 33 approval additional chronic or debilitating diseases or 34 medical conditions or their treatments as debilitating medical 35 -22- H8481.5808 (1) 87 tm/rn 22/ 44
conditions that qualify for the use of medical cannabis under 1 this chapter. 2 b. Accepting and reviewing petitions to add chronic or 3 debilitating diseases or medical conditions or their medical 4 treatments to the list of debilitating medical conditions that 5 qualify for the use of medical cannabis under this chapter. 6 c. Working with the department regarding the requirements 7 for the licensure of medical cannabis manufacturers and medical 8 cannabis dispensaries, including licensure procedures. 9 d. Advising the department regarding the location of 10 medical cannabis dispensaries throughout the state, the form 11 and quantity of allowable medical cannabis to be dispensed 12 to a patient or primary caregiver, and the general oversight 13 of medical cannabis manufacturers and medical cannabis 14 dispensaries in this state. 15 e. Convening at least twice per year to conduct public 16 hearings and to review and recommend for approval petitions, 17 which shall be maintained as confidential personal health 18 information, to add chronic or debilitating diseases or 19 medical conditions or their medical treatments to the list of 20 debilitating medical conditions that qualify for the use of 21 medical cannabis under this chapter. 22 f. Recommending improvements relating to the effectiveness 23 of the provisions of this chapter. 24 g. In making recommendations pursuant to this section, 25 consideration of the economic and financial impacts on patients 26 and the medical cannabis industry, and making recommendations 27 that minimize the extent of such impacts to the greatest extent 28 practicable. 29 Sec. 55. NEW SECTION . 124E.6 Medical cannabis manufacturer 30 licensure. 31 1. a. The department shall license up to four medical 32 cannabis manufacturers to manufacture medical cannabis within 33 this state consistent with the provisions of this chapter by 34 December 1, 2017. The department shall license new medical 35 -23- H8481.5808 (1) 87 tm/rn 23/ 44
cannabis manufacturers or relicense the existing medical 1 cannabis manufacturers by December 1 of each year. 2 b. Information submitted during the application process 3 shall be confidential until the medical cannabis manufacturer 4 is licensed by the department unless otherwise protected from 5 disclosure under state or federal law. 6 2. As a condition for licensure, a medical cannabis 7 manufacturer must agree to begin supplying medical cannabis to 8 medical cannabis dispensaries in this state by July 2, 2018. 9 3. The department shall consider the following factors in 10 determining whether to license a medical cannabis manufacturer: 11 a. The technical expertise of the medical cannabis 12 manufacturer regarding medical cannabis. 13 b. The qualifications of the medical cannabis manufacturer’s 14 ownership and management team. 15 c. The long-term financial stability of the medical cannabis 16 manufacturer. 17 d. The ability to provide appropriate security measures on 18 the premises of the medical cannabis manufacturer. 19 e. Whether the medical cannabis manufacturer has 20 demonstrated an ability to meet certain medical cannabis 21 production needs for medical use regarding the range of 22 recommended dosages for each debilitating medical condition, 23 the range of chemical compositions of any plant of the genus 24 cannabis that will likely be medically beneficial for each 25 of the debilitating medical conditions, and the form of the 26 medical cannabis in the manner determined by the department 27 pursuant to rule. 28 f. The medical cannabis manufacturer’s projection of and 29 ongoing assessment of fees on patients with debilitating 30 medical conditions. 31 g. The medical cannabis manufacturer’s experience in medical 32 cannabis production, plant extraction, and pharmaceutical 33 formulations. 34 4. The department shall require each medical cannabis 35 -24- H8481.5808 (1) 87 tm/rn 24/ 44
manufacturer to contract with a laboratory approved by the 1 department to test the medical cannabis produced by the 2 manufacturer. The department shall require that the laboratory 3 report testing results to the manufacturer in a manner 4 determined by the department pursuant to rule. 5 5. Each entity submitting an application for licensure 6 as a medical cannabis manufacturer shall pay a nonrefundable 7 application fee of fifteen thousand dollars to the department. 8 Sec. 56. NEW SECTION . 124E.7 Medical cannabis 9 manufacturers. 10 1. A medical cannabis manufacturer shall contract with a 11 laboratory approved by the department for purposes of testing 12 the medical cannabis manufactured by the medical cannabis 13 manufacturer as to content, contamination, and consistency. 14 The cost of all laboratory testing shall be paid by the medical 15 cannabis manufacturer. 16 2. The operating documents of a medical cannabis 17 manufacturer shall include all of the following: 18 a. Procedures for the oversight of the medical cannabis 19 manufacturer and procedures to ensure accurate recordkeeping. 20 b. Procedures for the implementation of appropriate security 21 measures to deter and prevent the theft of medical cannabis and 22 unauthorized entrance into areas containing medical cannabis. 23 3. A medical cannabis manufacturer shall implement security 24 requirements, including requirements for protection of each 25 location by a fully operational security alarm system, facility 26 access controls, perimeter intrusion detection systems, and a 27 personnel identification system. 28 4. A medical cannabis manufacturer shall not share 29 office space with, refer patients to, or have any financial 30 relationship with a health care practitioner. 31 5. A medical cannabis manufacturer shall not permit any 32 person to consume medical cannabis on the property of the 33 medical cannabis manufacturer. 34 6. A medical cannabis manufacturer is subject to reasonable 35 -25- H8481.5808 (1) 87 tm/rn 25/ 44
inspection by the department. 1 7. A medical cannabis manufacturer shall not employ a 2 person who is under eighteen years of age or who has been 3 convicted of a disqualifying felony offense. An employee 4 of a medical cannabis manufacturer shall be subject to a 5 background investigation conducted by the division of criminal 6 investigation of the department of public safety and a national 7 criminal history background check. 8 8. A medical cannabis manufacturer shall not operate in any 9 location, whether for manufacturing, cultivating, harvesting, 10 packaging, or processing, within one thousand feet of a public 11 or private school existing before the date of the medical 12 cannabis manufacturer’s licensure by the department. 13 9. A medical cannabis manufacturer shall comply with 14 reasonable restrictions set by the department relating to 15 signage, marketing, display, and advertising of medical 16 cannabis. 17 10. a. A medical cannabis manufacturer shall provide a 18 reliable and ongoing supply of medical cannabis to medical 19 cannabis dispensaries pursuant to this chapter. 20 b. All manufacturing, cultivating, harvesting, packaging, 21 and processing of medical cannabis shall take place in an 22 enclosed, locked facility at a physical address provided to the 23 department during the licensure process. 24 c. A medical cannabis manufacturer shall not manufacture 25 edible medical cannabis products utilizing food coloring. 26 d. A medical cannabis manufacturer shall manufacture a 27 reliable and ongoing supply of medical cannabis to treat every 28 debilitating medical condition listed in this chapter. 29 11. The department shall establish and collect an annual 30 fee from a medical cannabis manufacturer not to exceed the cost 31 of regulating and inspecting the manufacturer in the calendar 32 year. 33 Sec. 57. NEW SECTION . 124E.8 Medical cannabis dispensary 34 licensure. 35 -26- H8481.5808 (1) 87 tm/rn 26/ 44
1. a. The department shall license by April 2, 2018, twelve 1 medical cannabis dispensaries to dispense medical cannabis 2 within this state consistent with the provisions of this 3 chapter. The department shall license new medical cannabis 4 dispensaries or relicense the existing medical cannabis 5 dispensaries by December 1 of each year. 6 b. Information submitted during the application process 7 shall be confidential until the medical cannabis dispensary 8 is licensed by the department unless otherwise protected from 9 disclosure under state or federal law. 10 2. As a condition for licensure, a medical cannabis 11 dispensary must agree to begin supplying medical cannabis to 12 patients by July 16, 2018. 13 3. The department shall consider the following factors in 14 determining whether to license a medical cannabis dispensary: 15 a. The technical expertise of the medical cannabis 16 dispensary regarding medical cannabis. 17 b. The qualifications of the medical cannabis dispensary’s 18 owners and management team. 19 c. The long-term financial stability of the medical cannabis 20 dispensary. 21 d. The ability to provide appropriate security measures on 22 the premises of the medical cannabis dispensary. 23 e. The medical cannabis dispensary’s projection and ongoing 24 assessment of fees for the purchase of medical cannabis on 25 patients with debilitating medical conditions. 26 4. Each entity submitting an application for licensure 27 as a medical cannabis dispensary shall pay a nonrefundable 28 application fee of fifteen thousand dollars to the department. 29 Sec. 58. NEW SECTION . 124E.9 Medical cannabis dispensaries. 30 1. a. Medical cannabis dispensaries shall be located based 31 on geographical need throughout the state to improve patient 32 access. 33 b. A medical cannabis dispensary may dispense medical 34 cannabis pursuant to the provisions of this chapter but shall 35 -27- H8481.5808 (1) 87 tm/rn 27/ 44
not dispense any medical cannabis in a form or quantity other 1 than the form or quantity allowed by the department pursuant 2 to rule. 3 2. The operating documents of a medical cannabis dispensary 4 shall include all of the following: 5 a. Procedures for the oversight of the medical cannabis 6 dispensary and procedures to ensure accurate recordkeeping. 7 b. Procedures for the implementation of appropriate security 8 measures to deter and prevent the theft of medical cannabis and 9 unauthorized entrance into areas containing medical cannabis. 10 3. A medical cannabis dispensary shall implement security 11 requirements, including requirements for protection by a fully 12 operational security alarm system, facility access controls, 13 perimeter intrusion detection systems, and a personnel 14 identification system. 15 4. A medical cannabis dispensary shall not share office 16 space with, refer patients to, or have any financial 17 relationship with a health care practitioner. 18 5. A medical cannabis dispensary shall not permit any person 19 to consume medical cannabis on the property of the medical 20 cannabis dispensary. 21 6. A medical cannabis dispensary is subject to reasonable 22 inspection by the department. 23 7. A medical cannabis dispensary shall not employ a 24 person who is under eighteen years of age or who has been 25 convicted of a disqualifying felony offense. An employee 26 of a medical cannabis dispensary shall be subject to a 27 background investigation conducted by the division of criminal 28 investigation of the department of public safety and a national 29 criminal history background check. 30 8. A medical cannabis dispensary shall not operate in any 31 location within one thousand feet of a public or private school 32 existing before the date of the medical cannabis dispensary’s 33 licensure by the department. 34 9. A medical cannabis dispensary shall comply with 35 -28- H8481.5808 (1) 87 tm/rn 28/ 44
reasonable restrictions set by the department relating to 1 signage, marketing, display, and advertising of medical 2 cannabis. 3 10. Prior to dispensing of any medical cannabis, a medical 4 cannabis dispensary shall do all of the following: 5 a. Verify that the medical cannabis dispensary has received 6 a valid medical cannabis registration card from a patient or a 7 patient’s primary caregiver, if applicable. 8 b. Assign a tracking number to any medical cannabis 9 dispensed from the medical cannabis dispensary. 10 c. (1) Properly package medical cannabis in compliance with 11 federal law regarding child resistant packaging and exemptions 12 for packaging for elderly patients, and label medical cannabis 13 with a list of all active ingredients and individually 14 identifying information, including all of the following: 15 (a) The name and date of birth of the patient and the 16 patient’s primary caregiver, if appropriate. 17 (b) The medical cannabis registration card numbers of the 18 patient and the patient’s primary caregiver, if applicable. 19 (c) The chemical composition of the medical cannabis. 20 (2) Proper packaging of medical cannabis shall include but 21 not be limited to all of the following: 22 (a) Warning labels regarding the use of medical cannabis by 23 a woman during pregnancy and while breastfeeding. 24 (b) Clearly labeled packaging indicating that an edible 25 medical cannabis product contains medical cannabis and which 26 packaging shall not imitate candy products or in any way make 27 the product marketable to children. 28 Sec. 59. NEW SECTION . 124E.10 Fees. 29 Medical cannabis registration card fees and medical cannabis 30 manufacturer and medical cannabis dispensary application 31 and annual fees collected by the department pursuant to 32 this chapter shall be retained by the department, shall be 33 considered repayment receipts as defined in section 8.2, and 34 shall be used for the purpose of regulating medical cannabis 35 -29- H8481.5808 (1) 87 tm/rn 29/ 44
manufacturers and medical cannabis dispensaries and for other 1 expenses necessary for the administration of this chapter. 2 Sec. 60. NEW SECTION . 124E.11 Department duties —— rules. 3 1. a. The department shall maintain a confidential file of 4 the names of each patient to or for whom the department issues 5 a medical cannabis registration card, the name of each primary 6 caregiver to whom the department issues a medical cannabis 7 registration card under section 124E.4, and the names of each 8 health care practitioner who provides a written certification 9 for medical cannabis pursuant to this chapter. 10 b. Individual names contained in the file shall be 11 confidential and shall not be subject to disclosure, except as 12 provided in subparagraph (1). 13 (1) Information in the confidential file maintained 14 pursuant to paragraph “a” may be released on an individual basis 15 to the following persons under the following circumstances: 16 (a) To authorized employees or agents of the department and 17 the department of transportation as necessary to perform the 18 duties of the department and the department of transportation 19 pursuant to this chapter. 20 (b) To authorized employees of state or local law 21 enforcement agencies, but only for the purpose of verifying 22 that a person is lawfully in possession of a medical cannabis 23 registration card issued pursuant to this chapter. 24 (c) To authorized employees of a medical cannabis 25 dispensary, but only for the purpose of verifying that a person 26 is lawfully in possession of a medical cannabis registration 27 card issued pursuant to this chapter. 28 (d) To any other authorized persons recognized by the 29 department by rule, but only for the purpose of verifying 30 that a person is lawfully in possession of a medical cannabis 31 registration card issued pursuant to this chapter. 32 (2) Release of information pursuant to subparagraph 33 (1) shall be consistent with the federal Health Insurance 34 Portability and Accountability Act of 1996, Pub. L. No. 35 -30- H8481.5808 (1) 87 tm/rn 30/ 44
104-191. 1 2. The department shall adopt rules pursuant to chapter 2 17A to administer this chapter which shall include but not be 3 limited to rules to do all of the following: 4 a. Govern the manner in which the department shall consider 5 applications for new and renewal medical cannabis registration 6 cards. 7 b. Identify criteria and set forth procedures for 8 including additional chronic or debilitating diseases or 9 medical conditions or their medical treatments on the list of 10 debilitating medical conditions that qualify for the use of 11 medical cannabis. Procedures shall include a petition process 12 and shall allow for public comment and public hearings before 13 the medical advisory board. 14 c. Set forth additional chronic or debilitating diseases 15 or medical conditions or associated medical treatments for 16 inclusion on the list of debilitating medical conditions that 17 qualify for the use of medical cannabis as recommended by the 18 medical advisory board. 19 d. Establish, in consultation with medical cannabis 20 manufacturers and medical cannabis dispensaries, the form and 21 quantity of medical cannabis allowed to be dispensed to a 22 patient or primary caregiver pursuant to this chapter. The 23 form and quantity of medical cannabis shall be appropriate to 24 serve the medical needs of patients with debilitating medical 25 conditions. 26 e. Establish, in conjunction with the medical advisory 27 board, requirements for the licensure of medical cannabis 28 manufacturers and medical cannabis dispensaries and set forth 29 procedures for medical cannabis manufacturers and medical 30 cannabis dispensaries to obtain licenses. 31 f. Develop a dispensing system for medical cannabis within 32 this state that provides for all of the following: 33 (1) Medical cannabis dispensaries within this state housed 34 on secured grounds and operated by licensed medical cannabis 35 -31- H8481.5808 (1) 87 tm/rn 31/ 44
dispensaries. 1 (2) The dispensing of medical cannabis to patients and 2 their primary caregivers to occur at locations designated by 3 the department. 4 g. Establish and collect annual fees from medical cannabis 5 manufacturers and medical cannabis dispensaries to cover 6 the costs associated with regulating and inspecting medical 7 cannabis manufacturers and medical cannabis dispensaries. 8 h. Specify and implement procedures that address public 9 safety including security procedures and product quality 10 including measures to ensure contaminant-free cultivation of 11 medical cannabis, safety, and labeling. 12 i. Establish and implement a medical cannabis inventory 13 and delivery tracking system to track medical cannabis 14 from production by a medical cannabis manufacturer through 15 dispensing at a medical cannabis dispensary. 16 Sec. 61. NEW SECTION . 124E.12 Reciprocity. 17 A valid medical cannabis registration card, or its 18 equivalent, issued under the laws of another state that allows 19 an out-of-state patient to possess or use medical cannabis in 20 the jurisdiction of issuance shall have the same force and 21 effect as a valid medical cannabis registration card issued 22 pursuant to this chapter, except that an out-of-state patient 23 in this state shall not obtain medical cannabis from a medical 24 cannabis dispensary in this state and an out-of-state patient 25 shall not smoke medical cannabis. 26 Sec. 62. NEW SECTION . 124E.13 Use of medical cannabis —— 27 affirmative defenses. 28 1. A health care practitioner, including any authorized 29 agent or employee thereof, shall not be subject to 30 prosecution for the unlawful certification, possession, or 31 administration of marijuana under the laws of this state for 32 activities arising directly out of or directly related to the 33 certification or use of medical cannabis in the treatment of 34 a patient diagnosed with a debilitating medical condition as 35 -32- H8481.5808 (1) 87 tm/rn 32/ 44
authorized by this chapter. 1 2. A medical cannabis manufacturer, including any 2 authorized agent or employee thereof, shall not be subject 3 to prosecution for manufacturing, possessing, cultivating, 4 harvesting, packaging, processing, transporting, or supplying 5 medical cannabis pursuant to this chapter. 6 3. A medical cannabis dispensary, including any authorized 7 agent or employee thereof, shall not be subject to prosecution 8 for transporting, supplying, or dispensing medical cannabis 9 pursuant to this chapter. 10 a. In a prosecution for the unlawful possession of marijuana 11 under the laws of this state, including but not limited to 12 chapters 124 and 453B, it is an affirmative and complete 13 defense to the prosecution that the patient has been diagnosed 14 with a debilitating medical condition, used or possessed 15 medical cannabis pursuant to a certification by a health care 16 practitioner as authorized under this chapter, and, for a 17 patient eighteen years of age or older, is in possession of a 18 valid medical cannabis registration card. 19 b. In a prosecution for the unlawful possession of marijuana 20 under the laws of this state, including but not limited to 21 chapters 124 and 453B, it is an affirmative and complete 22 defense to the prosecution that the person possessed medical 23 cannabis because the person is a primary caregiver of a patient 24 who has been diagnosed with a debilitating medical condition 25 and is in possession of a valid medical cannabis registration 26 card, and where the primary caregiver’s possession of the 27 medical cannabis is on behalf of the patient and for the 28 patient’s use only as authorized under this chapter. 29 c. If a patient or primary caregiver is charged with the 30 commission of a crime and is not in possession of the person’s 31 medical cannabis registration card, any charge or charges filed 32 against the person shall be dismissed by the court if the 33 person produces to the court prior to or at the person’s trial 34 a medical cannabis registration card issued to that person and 35 -33- H8481.5808 (1) 87 tm/rn 33/ 44
valid at the time the person was charged. 1 4. An agency of this state or a political subdivision 2 thereof, including any law enforcement agency, shall not remove 3 or initiate proceedings to remove a patient under the age 4 of eighteen from the home of a parent based solely upon the 5 parent’s or patient’s possession or use of medical cannabis as 6 authorized under this chapter. 7 Sec. 63. NEW SECTION . 124E.14 Penalties. 8 1. A person who knowingly or intentionally possesses or 9 uses medical cannabis in violation of the requirements of this 10 chapter is subject to the penalties provided under chapters 124 11 and 453B. 12 2. A medical cannabis manufacturer or a medical cannabis 13 dispensary shall be assessed a civil penalty of up to one 14 thousand dollars per violation for any violation of this 15 chapter in addition to any other applicable penalties. 16 Sec. 64. NEW SECTION . 124E.15 Use of medical cannabis —— 17 smoking prohibited. 18 A patient shall not consume medical cannabis possessed 19 or used as authorized under this chapter by smoking medical 20 cannabis. 21 Sec. 65. NEW SECTION . 124E.16 Employment. 22 1. An employer in this state may retain, create, reinstate, 23 or enforce a written zero tolerance policy prohibiting the 24 possession or use of medical cannabis or any derivative 25 thereof including cannabidiol by an employee in the employer’s 26 workplace, including but not limited to a policy prohibiting 27 an employee from having any detectable amount of medical 28 cannabis or any derivative thereof including cannabidiol in the 29 employee’s body while at work. 30 2. An employer’s prohibition of the possession or use 31 of medical cannabis or any derivative thereof including 32 cannabidiol under this section shall not be considered to be 33 an unfair or discriminatory employment practice under section 34 216.6. 35 -34- H8481.5808 (1) 87 tm/rn 34/ 44
Sec. 66. Section 730.5, subsection 11, Code 2018, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . f. Testing or taking action against an 3 individual with a confirmed positive test result due to the 4 individual’s use of medical cannabis as authorized under 5 chapter 124E. 6 Sec. 67. REPEAL. Chapter 124D, Code 2018, is repealed. 7 Sec. 68. EMERGENCY RULES. The department may adopt 8 emergency rules under section 17A.4, subsection 3, and section 9 17A.5, subsection 2, paragraph “b”, to implement the provisions 10 of this division of this Act and the rules shall be effective 11 immediately upon filing unless a later date is specified in the 12 rules. Any rules adopted in accordance with this section shall 13 also be published as a notice of intended action as provided 14 in section 17A.4. 15 Sec. 69. TRANSITION PROVISIONS. A medical cannabidiol 16 registration card issued under chapter 124D prior to the 17 effective date of this division of this Act, remains effective 18 and continues in effect as issued for the twelve-month period 19 following its issuance. This division of this Act does not 20 preclude a medical cannabidiol registration card holder from 21 seeking to renew the registration card under this division of 22 this Act prior to the expiration of the twelve-month period. 23 Sec. 70. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 DIVISION VIII 27 HEALTH CARE COVERAGE —— SURVIVING SPOUSE AND CHILDREN 28 Sec. 71. NEW SECTION . 509A.13C Health care coverage for 29 surviving spouse and children of fire fighters and peace officers 30 killed in the line of duty. 31 1. For the purposes of this section, “eligible peace officer 32 or fire fighter” means a peace officer as defined in section 33 801.4, or a fire fighter, to which a line of duty death benefit 34 is payable pursuant to section 97A.6, subsection 16, section 35 -35- H8481.5808 (1) 87 tm/rn 35/ 44
97B.52, subsection 2, or section 411.6, subsection 15. 1 2. a. If a governing body, a county board of supervisors, 2 or a city council has procured accident or health care coverage 3 for its employees under this chapter, such coverage may permit 4 continuation of existing coverage or reenrollment in previously 5 existing coverage for the surviving spouse and each surviving 6 child of an eligible peace officer or fire fighter subject to 7 the requirements of this section. 8 b. A governing body, a county board of supervisors, or a 9 city council may also provide continuation of existing coverage 10 for the surviving spouse and each surviving child of a peace 11 officer as defined in section 801.4, or a fire fighter who 12 dies and to which a line of duty death benefit is reasonably 13 expected to be payable pursuant to section 97A.6, subsection 14 16, section 97B.52, subsection 2, or section 411.6, subsection 15 15, until such time as the determination of whether to provide 16 a line of duty death benefit is made. 17 3. A surviving child of an eligible peace officer or fire 18 fighter may be provided coverage as required by this section, 19 with the full cost of the coverage paid by the applicable 20 governing body, county board of supervisors, or city council, 21 until the policy anniversary date on or after the date the 22 child attains the age of twenty-six. However, a surviving 23 child shall not be provided coverage as required by this 24 section for the period of time beginning on the date the child 25 becomes enrolled for coverage under Medicaid, and ending on 26 the date the child is no longer enrolled for coverage under 27 Medicaid. 28 4. a. Except as provided in paragraph “b” , a surviving 29 spouse of an eligible peace officer or fire fighter may be 30 provided coverage as required by this section, with the full 31 cost of the coverage paid by the applicable governing body, 32 county board of supervisors, or city council, until the date on 33 which the surviving spouse becomes eligible for coverage under 34 Medicare. 35 -36- H8481.5808 (1) 87 tm/rn 36/ 44
b. A surviving spouse shall not be provided coverage with 1 the full cost of the coverage paid by the applicable governing 2 body, county board of supervisors, or city council, as provided 3 by this subsection, if any of the following apply: 4 (1) The surviving spouse is eligible, and remains eligible, 5 for comparable group medical coverage, whether insured or 6 self-insured. 7 (2) The surviving spouse becomes enrolled, and remains 8 enrolled, for coverage under Medicaid. 9 (3) The surviving spouse remarries, and remains married. 10 5. Notwithstanding any other provision of law, a surviving 11 spouse who is no longer eligible for coverage under this 12 section with the full cost of the coverage paid by the 13 applicable governing body, county board of supervisors, or city 14 council, pursuant to subsection 4, paragraph “b” , may elect 15 to continue accident or health care coverage by requesting 16 continuation in writing to the applicable governing body, 17 county board of supervisors, or city council within thirty-one 18 days after the date the surviving spouse is no longer eligible 19 for coverage as provided in subsection 4, paragraph “b” . A 20 surviving spouse electing to continue coverage under this 21 subsection shall pay the premium for the accident or health 22 care coverage in the same manner as, and at the same premium 23 paid by, employees covered by the accident or health care 24 coverage. 25 6. A governing body, a county board of supervisors, or a 26 city council shall notify the provider of accident or health 27 care coverage for its employees of a surviving spouse and 28 each surviving child to be provided coverage pursuant to the 29 requirements of this section. 30 7. This section shall not require continuation of coverage 31 if the surviving spouse or surviving child who would otherwise 32 be entitled to continuation of coverage under this section was, 33 through the surviving spouse’s or surviving child’s actions, a 34 substantial contributing factor to the death of the eligible 35 -37- H8481.5808 (1) 87 tm/rn 37/ 44
peace officer or fire fighter. 1 Sec. 72. APPLICABILITY —— HEALTH CARE COVERAGE FOR PRIOR 2 DEATHS. The surviving spouse and each surviving child of a 3 peace officer as defined in section 801.4, or a fire fighter 4 who died on or after January 1, 1985, but before July 1, 2000, 5 to which the requirements for providing a line of duty death 6 pursuant to section 97A.6, subsection 16, section 97B.52, 7 subsection 2, or section 411.6, subsection 15, would otherwise 8 have been established, and the surviving spouse and each 9 surviving child of an eligible peace officer or fire fighter 10 as defined in section 509A.13C, as enacted in this Act, may 11 be entitled to coverage as provided in section 509A.13C upon 12 written notification of the applicable governing body, county 13 board of supervisors, or city council. Coverage provided under 14 section 509A.13C pursuant to this section shall be for claims 15 for services incurred on or after the date of reenrollment. 16 Sec. 73. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 Sec. 74. RETROACTIVE APPLICABILITY. This division of this 19 Act applies retroactively to a death occurring on or after 20 January 1, 1985. 21 DIVISION IX 22 SCHOLARSHIPS FOR SURVIVING CHILDREN OF CERTAIN PERSONS KILLED 23 IN THE LINE OF DUTY 24 Sec. 75. Section 261.87, subsection 1, Code 2018, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . 0d. “Eligible surviving-child student” means 27 a qualified student who is under the age of twenty-six, or 28 under the age of thirty if the student is a veteran who is 29 eligible for benefits, or has exhausted the benefits, under the 30 federal Post-9/11 Veterans Educational Assistance Act of 2008; 31 who is not a convicted felon as defined in section 910.15; and 32 who meets any of the following criteria: 33 (1) Is the child of a peace officer, as defined in section 34 97A.1, who was killed in the line of duty as determined by 35 -38- H8481.5808 (1) 87 tm/rn 38/ 44
the board of trustees of the Iowa department of public safety 1 peace officers’ retirement, accident, and disability system in 2 accordance with section 97A.6, subsection 16. 3 (2) Is the child of a police officer or a fire fighter, as 4 each is defined in section 411.1, who was killed in the line of 5 duty as determined by the statewide fire and police retirement 6 system in accordance with section 411.6, subsection 15. 7 (3) Is the child of a sheriff or deputy sheriff as each is 8 defined in section 97B.49C, who was killed in the line of duty 9 as determined by the Iowa public employees’ retirement system 10 in accordance with section 97B.52, subsection 2. 11 (4) Is the child of a fire fighter or police officer 12 included under section 97B.49B, who was killed in the line of 13 duty as determined by the Iowa public employees’ retirement 14 system in accordance with section 97B.52, subsection 2. 15 Sec. 76. Section 261.87, subsection 3, Code 2018, is amended 16 to read as follows: 17 3. Priority for scholarship awards. Priority for 18 scholarships under this section shall be given to eligible 19 foster care students , then to eligible surviving-child 20 students, who meet the eligibility criteria under subsection 21 2 . Following distribution to students who meet the eligibility 22 criteria under subsection 2 , the commission may establish 23 priority for awarding scholarships using any moneys that remain 24 in the all Iowa opportunity scholarship fund. 25 DIVISION X 26 PUBLIC RETIREMENT SYSTEMS GOALS 27 Sec. 77. Section 97D.1, Code 2018, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 01. It is the intent of the general 30 assembly to maintain strong and stable public retirement 31 systems that allow employees to retire with dignity. 32 DIVISION XI 33 NONPARTISAN REDISTRICTING 34 Sec. 78. NONPARTISAN REDISTRICTING. It is the intent of the 35 -39- H8481.5808 (1) 87 tm/rn 39/ 44
general assembly that Iowa maintain its commitment to fair and 1 nonpartisan redistricting. 2 DIVISION XII 3 TARIFFS —— LEGISLATIVE INTENT 4 Sec. 79. TARIFF OPPOSITION. The general assembly finds and 5 declares that the implementation of tariffs designed to address 6 certain foreign trade practices, including steel and aluminum 7 imports, is counterproductive and will cause substantial and 8 immediate negative consequences to the economies of this state, 9 other farm states, and this nation, which depend upon the 10 export of agricultural commodities including soybeans to world 11 markets. 12 DIVISION XIII 13 WATERSHED IMPROVEMENT FUND —— SKILLED WORKFORCE SHORTAGE 14 TUITION GRANTS 15 Sec. 80. WATERSHED IMPROVEMENT FUND —— SKILLED WORKFORCE 16 SHORTAGE TUITION GRANTS. Notwithstanding 2017 Iowa Acts, 17 chapter 168, section 22, as amended by 2017 Iowa Acts, chapter 18 170, section 42, of the moneys credited to the watershed 19 improvement fund that are unencumbered or unobligated and 20 managed by and otherwise appropriated to the department of 21 agriculture and land stewardship pursuant to those sections, 22 the department shall expend the following amount, or so much 23 thereof as is necessary, for the fiscal year beginning July 1, 24 2018, and ending June 30, 2019, for the purpose designated: 25 For purposes of providing skilled workforce shortage tuition 26 grants in accordance with section 261.130: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,400,000 28 DIVISION XIV 29 POSTSECONDARY SUMMER CLASSES FOR HIGH SCHOOL STUDENTS 30 Sec. 81. POSTSECONDARY SUMMER CLASSES FOR HIGH SCHOOL 31 STUDENTS PROGRAM —— EFFECTIVE DATE. Notwithstanding 2018 Iowa 32 Acts, House File 2458, section 15, the following takes effect 33 July 1, 2018: 34 Section 261E.8, subsection 7A, as enacted by 2018 Iowa Acts, 35 -40- H8481.5808 (1) 87 tm/rn 40/ 44
House File 2458, section 14. 1 DIVISION XV 2 SOLAR ENERGY SYSTEM TAX CREDIT 3 Sec. 82. REPEAL. The section in 2018 Iowa Acts, Senate File 4 2417, striking section 422.33, subsection 29, if enacted, is 5 repealed. 6 Sec. 83. REPEAL. The section in 2018 Iowa Acts, Senate File 7 2417, striking section 422.60, subsection 12, if enacted, is 8 repealed. 9 Sec. 84. REPEAL. The section in 2018 Iowa Acts, Senate 10 File 2417, striking section 476C.2, subsection 3, if enacted, 11 is repealed. 12 Sec. 85. REPEAL. The section in 2018 Iowa Acts, Senate File 13 2417, striking section 533.329, subsection 2, paragraph l, if 14 enacted, is repealed. 15 Sec. 86. REPEAL. The section in 2018 Iowa Acts, Senate File 16 2417, repealing section 422.11L, if enacted, is repealed. 17 Sec. 87. REPEAL. The section in 2018 Iowa Acts, House File 18 2489, striking section 422.33, subsection 29, if enacted, is 19 repealed. 20 Sec. 88. REPEAL. The section in 2018 Iowa Acts, House File 21 2489, striking section 422.60, subsection 12, if enacted, is 22 repealed. 23 Sec. 89. REPEAL. The section in 2018 Iowa Acts, House File 24 2489, striking section 476C.2, subsection 3, if enacted, is 25 repealed. 26 Sec. 90. REPEAL. The section in 2018 Iowa Acts, House File 27 2489, striking section 533.329, subsection 2, paragraph l, if 28 enacted, is repealed. 29 Sec. 91. REPEAL. The section in 2018 Iowa Acts, House File 30 2489, repealing section 422.11L, if enacted, is repealed. 31 Sec. 92. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 DIVISION XVI 34 GEOTHERMAL TAX CREDITS 35 -41- H8481.5808 (1) 87 tm/rn 41/ 44
Sec. 93. REPEAL. The section in 2018 Iowa Acts, Senate 1 File 2417, repealing sections 422.10A and 422.11I, if enacted, 2 are repealed. 3 Sec. 94. REPEAL. The section in 2018 Iowa Acts, House File 4 2489, repealing sections 422.10A and 422.11I, if enacted, are 5 repealed. 6 Sec. 95. EFFECTIVE DATE. This division of this Act, being 7 deemed of immediate importance, takes effect upon enactment. 8 DIVISION XVII 9 CHILD AND DEPENDENT CARE TAX CREDIT 10 Sec. 96. Section 422.12C, subsection 1, paragraphs a, b, c, 11 d, e, and f, Code 2018, are amended to read as follows: 12 a. For a taxpayer with net income of less than ten 13 thousand dollars, seventy-five seventy-eight and three-fourths 14 hundredths percent. 15 b. For a taxpayer with net income of ten thousand dollars 16 or more but less than twenty thousand dollars, sixty-five 17 sixty-eight and one-fourth percent. 18 c. For a taxpayer with net income of twenty thousand dollars 19 or more but less than twenty-five thousand dollars, fifty-five 20 fifty-seven and three-fourths percent. 21 d. For a taxpayer with net income of twenty-five thousand 22 dollars or more but less than thirty-five thousand dollars, 23 fifty fifty-two and one-half percent. 24 e. For a taxpayer with net income of thirty-five thousand 25 dollars or more but less than forty thousand dollars, forty 26 forty-two percent. 27 f. For a taxpayer with net income of forty thousand dollars 28 or more but less than forty-five thousand dollars, thirty 29 thirty-one and one-half percent. 30 Sec. 97. EFFECTIVE DATE. This division of this Act, being 31 deemed of immediate importance, takes effect upon enactment. 32 Sec. 98. RETROACTIVE APPLICABILITY. This division of this 33 Act applies retroactively to January 1, 2018, for tax years 34 beginning on or after that date. 35 -42- H8481.5808 (1) 87 tm/rn 42/ 44
DIVISION XVIII 1 INCOME TAX CALCULATION FOR CERTAIN HIGH-INCOME TAXPAYERS 2 Sec. 99. Section 257.8, Code 2018, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 2A. Complementary state aid —— calculation 5 —— fund. 6 a. The complementary state aid fund is created in the state 7 treasury. The fund shall be separate from the general fund of 8 the state and the balance in the fund shall not be considered 9 part of the balance of the general fund of the state. The 10 moneys credited to the fund are not subject to section 8.33 11 and shall not be transferred, used, obligated, appropriated, 12 or otherwise encumbered except as provided in this section. 13 Notwithstanding section 12C.7, subsection 2, interest or 14 earnings on moneys deposited in the taxpayers trust fund shall 15 be credited to the fund. 16 b. For each fiscal year beginning on or after July 1, 17 2018, there is credited to the complementary state aid fund 18 from the general fund of the state an amount as calculated by 19 the department of revenue equal to the difference between the 20 actual net income tax revenues received from taxpayers subject 21 to section 422.4A during the fiscal year and the estimated net 22 income tax revenues the state would have received from those 23 taxpayers during the fiscal year had such taxpayers calculated 24 individual income tax liability under chapter 422, division II, 25 without regard to section 422.4A. 26 c. Moneys in the complementary state aid fund shall only be 27 used by the general assembly for purposes of funding increases 28 in the state percent of growth under subsection 1 and the 29 categorical state percent of growth under subsection 2. 30 Sec. 100. NEW SECTION . 422.4A Tax calculation for certain 31 high-income taxpayers. 32 Notwithstanding any other provision of law to the contrary, 33 a taxpayer with an adjusted gross income of one million dollars 34 or more, as calculated for federal income tax purposes under 35 -43- H8481.5808 (1) 87 tm/rn 43/ 44
the Internal Revenue Code, shall calculate the tax imposed 1 under this division II pursuant to chapter 422, division II, 2 Code 2018. 3 Sec. 101. APPLICABILITY. This division of this Act applies 4 to tax years beginning on or after January 1, 2019. >> 5 2. By renumbering as necessary. 6 ______________________________ HALL of Woodbury -44- H8481.5808 (1) 87 tm/rn 44/ 44 #2.