House Amendment to Senate File 516 S-3389 Amend Senate File 516, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 STANDING APPROPRIATIONS AND RELATED MATTERS 6 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2018-2019. 7 1. For the budget process applicable to the fiscal year 8 beginning July 1, 2018, on or before October 1, 2017, in lieu 9 of the information specified in section 8.23, subsection 10 1, unnumbered paragraph 1, and section 8.23, subsection 1, 11 paragraph “a”, all departments and establishments of the 12 government shall transmit to the director of the department 13 of management, on blanks to be furnished by the director, 14 estimates of their expenditure requirements, including every 15 proposed expenditure, for the ensuing fiscal year, together 16 with supporting data and explanations as called for by the 17 director of the department of management after consultation 18 with the legislative services agency. 19 2. The estimates of expenditure requirements shall be 20 in a form specified by the director of the department of 21 management, and the expenditure requirements shall include all 22 proposed expenditures and shall be prioritized by program or 23 the results to be achieved. The estimates shall be accompanied 24 by performance measures for evaluating the effectiveness of the 25 programs or results. 26 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2019-2020. 27 1. For the budget process applicable to the fiscal year 28 beginning July 1, 2019, on or before October 1, 2018, in lieu 29 of the information specified in section 8.23, subsection 30 1, unnumbered paragraph 1, and section 8.23, subsection 1, 31 paragraph “a”, all departments and establishments of the 32 government shall transmit to the director of the department 33 of management, on blanks to be furnished by the director, 34 estimates of their expenditure requirements, including every 35 -1- SF516.2709.H (2) 87 md 1/ 26 #1.
proposed expenditure, for the ensuing fiscal year, together 1 with supporting data and explanations as called for by the 2 director of the department of management after consultation 3 with the legislative services agency. 4 2. The estimates of expenditure requirements shall be 5 in a form specified by the director of the department of 6 management, and the expenditure requirements shall include all 7 proposed expenditures and shall be prioritized by program or 8 the results to be achieved. The estimates shall be accompanied 9 by performance measures for evaluating the effectiveness of the 10 programs or results. 11 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 12 2017-2018. Notwithstanding the standing appropriations 13 in the following designated sections for the fiscal year 14 beginning July 1, 2017, and ending June 30, 2018, the amounts 15 appropriated from the general fund of the state pursuant to 16 these sections for the following designated purposes shall not 17 exceed the following amounts: 18 1. For payment of claims for nonpublic school 19 transportation under section 285.2: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 21 If total approved claims for reimbursement for nonpublic 22 school pupil transportation exceed the amount appropriated in 23 accordance with this subsection, the department of education 24 shall prorate the amount of each approved claim. 25 2. For distribution for the tribal council of the Sac and 26 Fox Indian settlement for educating American Indian children 27 under section 256.30: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 95,750 29 Sec. 4. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 30 2018-2019. Notwithstanding the standing appropriations 31 in the following designated sections for the fiscal year 32 beginning July 1, 2018, and ending June 30, 2019, the amounts 33 appropriated from the general fund of the state pursuant to 34 these sections for the following designated purposes shall not 35 -2- SF516.2709.H (2) 87 md 2/ 26
exceed the following amounts: 1 1. For payment of claims for nonpublic school 2 transportation under section 285.2: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 4 If total approved claims for reimbursement for nonpublic 5 school pupil transportation exceed the amount appropriated in 6 accordance with this subsection, the department of education 7 shall prorate the amount of each approved claim. 8 2. For distribution for the tribal council of the Sac and 9 Fox Indian settlement for educating American Indian children 10 under section 256.30: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 95,750 12 Sec. 5. GENERAL ASSEMBLY. 13 1. The appropriations made pursuant to section 2.12 for the 14 expenses of the general assembly and legislative agencies for 15 the fiscal year beginning July 1, 2017, and ending June 30, 16 2018, are reduced by the following amount: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 18 2. The budgeted amounts for the general assembly and 19 legislative agencies for the fiscal year beginning July 1, 20 2017, may be adjusted to reflect the unexpended budgeted 21 amounts from the previous fiscal year. 22 3. Annual membership dues for organizations, associations, 23 and conferences shall not be paid from moneys appropriated 24 pursuant to section 2.12. 25 4. Costs for out-of-state travel and per diems for 26 out-of-state travel shall not be paid from moneys appropriated 27 pursuant to section 2.12. 28 Sec. 6. INSTRUCTIONAL SUPPORT STATE AID —— FY 2017-2018. In 29 lieu of the appropriation provided in section 257.20, 30 subsection 2, the appropriation for the fiscal year 31 beginning July 1, 2017, and ending June 30, 2018, for paying 32 instructional support state aid under section 257.20 for such 33 fiscal years is zero. 34 Sec. 7. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— FY 2017-2018 35 -3- SF516.2709.H (2) 87 md 3/ 26
—— FY 2018-2019. For the fiscal year beginning July 1, 2017, 1 and ending June 30, 2018, and for the fiscal year beginning 2 July 1, 2018, and ending June 30, 2019, salary adjustments may 3 be funded using departmental revolving, trust, or special funds 4 for which the general assembly has established an operating 5 budget, provided that doing so does not exceed the operating 6 budget established by the general assembly. 7 Sec. 8. OPERATIONAL APPROPRIATIONS —— REVERSION —— FY 8 2016-2017. Notwithstanding section 8.62, at the close of 9 the fiscal year beginning July 1, 2016, and ending June 30, 10 2017, any balance of an operational appropriation that remains 11 unexpended or unencumbered shall not be encumbered or deposited 12 in the cash reserve fund as provided in section 8.62, but shall 13 instead revert to the general fund of the state at the close of 14 the fiscal year as provided in section 8.33. 15 Sec. 9. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— 16 UNAPPROPRIATED MONEYS —— FY 2017-2018 —— FY 2018-2019. For the 17 fiscal year beginning July 1, 2017, and ending June 30, 2018, 18 and for the fiscal year beginning July 1, 2018, and ending 19 June 30, 2019, salary adjustments otherwise provided may be 20 funded as determined by the department of management using 21 unappropriated moneys remaining in the department of commerce 22 revolving fund, the gaming enforcement revolving fund, the 23 gaming regulatory revolving fund, the primary road fund, the 24 road use tax fund, the fish and game protection fund, the Iowa 25 public employees’ retirement fund, and in other departmental 26 revolving, trust, or special funds for which the general 27 assembly has not made an operating budget appropriation. 28 Sec. 10. SALARY MODEL ADMINISTRATOR. The salary model 29 administrator shall work in conjunction with the legislative 30 services agency to maintain the state’s salary model used for 31 analyzing, comparing, and projecting state employee salary 32 and benefit information, including information relating to 33 employees of the state board of regents. The department of 34 revenue, the department of administrative services, the five 35 -4- SF516.2709.H (2) 87 md 4/ 26
institutions under the jurisdiction of the state board of 1 regents, the judicial district departments of correctional 2 services, and the state department of transportation shall 3 provide salary data to the department of management and the 4 legislative services agency to operate the state’s salary 5 model. The format and frequency of provision of the salary 6 data shall be determined by the department of management and 7 the legislative services agency. The information shall be 8 used in collective bargaining processes under chapter 20 and 9 in calculating the funding needs contained within the annual 10 salary adjustment legislation. A state employee organization 11 as defined in section 20.3, subsection 4, may request 12 information produced by the model, but the information provided 13 shall not contain information attributable to individual 14 employees. 15 Sec. 11. Section 257.35, Code 2017, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 11A. Notwithstanding subsection 1, and in 18 addition to the reduction applicable pursuant to subsection 19 2, the state aid for area education agencies and the portion 20 of the combined district cost calculated for these agencies 21 for the fiscal year beginning July 1, 2017, and ending June 22 30, 2018, shall be reduced by the department of management by 23 fifteen million dollars. The reduction for each area education 24 agency shall be prorated based on the reduction that the agency 25 received in the fiscal year beginning July 1, 2003. 26 Sec. 12. EFFECTIVE UPON ENACTMENT. The following provision 27 or provisions of this division of this Act, being deemed of 28 immediate importance, take effect upon enactment: 29 1. The section of this division of this Act reverting to 30 the general fund any unexpended or unencumbered moneys from 31 operational appropriations. 32 DIVISION II 33 MISCELLANEOUS APPROPRIATIONS 34 Sec. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding 35 -5- SF516.2709.H (2) 87 md 5/ 26
section 8.56, subsection 3 and subsection 4, paragraph “a”, 1 there is transferred from the cash reserve fund created in 2 section 8.56 to the general fund of the state for the fiscal 3 year beginning July 1, 2016, and ending June 30, 2017, the 4 following amount: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,100,000 6 Sec. 14. CASH RESERVE FUND APPROPRIATION —— FY 7 2017-2018. There is appropriated from the general fund of the 8 state to the cash reserve fund created in section 8.56 for the 9 fiscal year beginning July 1, 2017, and ending June 30, 2018, 10 the following amount: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000 12 Sec. 15. CASH RESERVE FUND APPROPRIATION —— FY 13 2018-2019. There is appropriated from the general fund of the 14 state to the cash reserve fund for the fiscal year beginning 15 July 1, 2018, and ending June 30, 2019, the following amount: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $111,100,000 17 Sec. 16. SEXUAL ABUSE EVIDENCE COLLECTION KITS. There 18 is appropriated from the general fund of the state to the 19 department of public safety for the fiscal year beginning July 20 1, 2017, and ending June 30, 2018, the following amount, or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 For expediting the processing of sexual abuse evidence 24 collection kits, including salaries, support, maintenance, 25 miscellaneous purposes, and for not more than the following 26 full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 29 Sec. 17. DEPARTMENT OF EDUCATION —— VOCATIONAL 30 REHABILITATION SERVICES DIVISION. 31 1. There is appropriated from the general fund of the state 32 to the department of education for the fiscal year beginning 33 July 1, 2017, and ending June 30, 2018, the following amount, 34 or so much thereof as is necessary, to be used for the purposes 35 -6- SF516.2709.H (2) 87 md 6/ 26
designated: 1 For purposes of meeting federal maintenance of effort 2 requirements: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 106,705 4 2. Moneys appropriated in this section shall supplement, 5 not supplant, moneys appropriated for the same purposes in 2017 6 Iowa Acts, House File 642, section 5, subsection 3, paragraph 7 “a”. 8 Sec. 18. GUBERNATORIAL TRANSITION. There is appropriated 9 from the general fund of the state to the offices of the 10 governor and the lieutenant governor for the fiscal year 11 beginning July 1, 2017, and ending June 30, 2018, the following 12 amount, or so much thereof as is necessary, to be used for the 13 purposes designated: 14 For expenses incurred during the gubernatorial transition: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 16 Sec. 19. EFFECTIVE UPON ENACTMENT. The following provision 17 or provisions of this division of this Act, being deemed of 18 immediate importance, take effect upon enactment: 19 1. The section of this division of this Act transferring 20 moneys from the cash reserve fund to the general fund of the 21 state for the fiscal year beginning July 1, 2016. 22 DIVISION III 23 MISCELLANEOUS PROVISIONS 24 Sec. 20. Section 2.43, unnumbered paragraph 1, Code 2017, 25 is amended to read as follows: 26 The legislative council in cooperation with the officers of 27 the senate and house shall have the duty and responsibility for 28 preparing for each session of the general assembly. Pursuant 29 to such duty and responsibility, the legislative council 30 shall assign the use of areas in the state capitol except for 31 the areas used by the governor as of January 1, 1986, and by 32 the courts as of July 1, 2003, and, in consultation with the 33 director of the department of administrative services and the 34 capitol planning commission, may assign areas in other state 35 -7- SF516.2709.H (2) 87 md 7/ 26
office buildings , except for the judicial branch building, 1 for use of the general assembly or legislative agencies. 2 The legislative council shall provide the courts with use 3 of space in the state capitol for ceremonial purposes. The 4 legislative council may authorize the renovation, remodeling 5 and preparation of the physical facilities used or to be used 6 by the general assembly or legislative agencies subject to the 7 jurisdiction of the legislative council and award contracts 8 pursuant to such authority to carry out such preparation. The 9 legislative council may purchase supplies and equipment deemed 10 necessary for the proper functioning of the legislative branch 11 of government. 12 Sec. 21. Section 8A.322, subsection 2, Code 2017, is amended 13 to read as follows: 14 2. Except for buildings and grounds described in section 15 216B.3, subsection 6 ; section 2.43 , unnumbered paragraph 1; and 16 any buildings under the custody and control of the Iowa public 17 employees’ retirement system, the director shall assign office 18 space at the capitol, other state buildings, and elsewhere in 19 the city of Des Moines, and the state laboratories facility 20 in Ankeny, for all executive and judicial state agencies. 21 Assignments may be changed at any time. The various officers 22 to whom rooms have been so assigned may control the same while 23 the assignment to them is in force. Official apartments shall 24 be used only for the purpose of conducting the business of the 25 state. The term “capitol” or “capitol building” as used in the 26 Code shall be descriptive of all buildings upon the capitol 27 grounds. The capitol building itself is reserved for the 28 operations of the general assembly , and the governor, and , for 29 ceremonial purposes, for the courts and the . The assignment 30 and use of physical facilities for the general assembly shall 31 be pursuant to section 2.43 . 32 Sec. 22. Section 8C.7A, subsection 3, paragraph b, 33 unnumbered paragraph 1, if enacted by 2017 Iowa Acts, Senate 34 File 431, is amended to read as follows: 35 -8- SF516.2709.H (2) 87 md 8/ 26
An authority shall not require a person to apply for or 1 enter into an individual license, franchise, or other agreement 2 with the authority or any other entity for the siting of 3 a small wireless facility on a utility pole located in a 4 public right-of-way. However, an authority may, through the 5 conditions set forth in a building permit obtained pursuant to 6 this subsection, do any of the following: 7 Sec. 23. NEW SECTION . 9.4A Technology modernization fund. 8 1. A technology modernization fund is created in the state 9 treasury under the control of the secretary of state. Moneys 10 in the fund are appropriated to the secretary of state for 11 purposes of modernizing technology used by the secretary of 12 state to fulfill the duties of office. 13 2. On and after July 1, 2017, any increased fee amount 14 collected by the secretary of state shall be credited to the 15 technology modernization fund. From each fee collected, the 16 amount credited to the fund equals the difference between the 17 fee amount collected and the amount assessed for the same fee 18 on June 30, 2017. 19 3. Each fiscal year, not more than two million dollars shall 20 be credited to the fund. 21 4. This section is repealed July 1, 2022. 22 Sec. 24. Section 270.10, Code 2017, is amended to read as 23 follows: 24 270.10 Merger requirements. 25 1. The state board of regents shall not merge the school 26 for the deaf at Council Bluffs with the Iowa braille and sight 27 saving school at Vinton or close either of those institutions 28 until all of the following requirements have been met: 29 1. a. The department of management has presented to the 30 general assembly a comprehensive plan, program, and fiscal 31 analysis of the existing circumstances and the circumstances 32 which would prevail upon the proposed merger or closing, 33 together with data which would support the contention that 34 the merger or closing will be more efficient and effective 35 -9- SF516.2709.H (2) 87 md 9/ 26
than continuation of the existing facilities. The analysis 1 shall include a detailed study of the educational implications 2 of the merger or closing, the impact on the students, and 3 the opinions and research of nationally recognized experts 4 in the field of the education of visually impaired and deaf 5 students. The comprehensive plan shall further include a 6 study relating to the programming, fiscal consequences, and 7 political implications which would result if either a merger or 8 an agreement under chapter 28E should be implemented between 9 the school for the deaf in Council Bluffs and comparable state 10 programs in the state of Nebraska. 11 2. b. The general assembly has studied the plans, programs, 12 and fiscal analysis and has reviewed their impact on the 13 programs. 14 3. c. The general assembly has enacted legislation 15 authorizing either the closing or the merger to take effect not 16 sooner than two years after the enactment of the legislation. 17 2. This section shall not apply to an agreement related to 18 the sale or transfer of the property of the Iowa braille and 19 sight saving school at Vinton entered into between the state 20 of Iowa and the city of Vinton. 21 Sec. 25. Section 321N.4, subsection 6, Code 2017, is amended 22 to read as follows: 23 6. Insurance maintained under this chapter shall be 24 provided by an insurer governed by chapter 515 or 518 , or by a 25 surplus lines insurer governed by chapter 515I . A surplus lines 26 insurer that issues a policy pursuant to this section shall be 27 considered an insurance carrier duly authorized to transact 28 business in this state for the purposes of chapter 321A . 29 Sec. 26. EFFECTIVENESS AND IMPLEMENTATION. The general 30 assembly declares that the appropriation from the general fund 31 of the state to the secretary of state, serving as the state 32 commissioner of elections, made pursuant to 2017 Iowa Acts, 33 House File 640, section 21, subsection 1, is sufficient for the 34 implementation of section 48A.10A contained in 2017 Iowa Acts, 35 -10- SF516.2709.H (2) 87 md 10/ 26
House File 516. 1 Sec. 27. ALCOHOLIC BEVERAGE CONTROL —— STUDY. 2 1. It is the intent of the general assembly that the 3 three-tiered system of regulating the alcohol beverage industry 4 is critical to maintaining a fair and competitive marketplace. 5 The study required by this section does not preclude the 6 alcoholic beverages division from applying regulatory 7 discretion that aligns with the performance of the powers and 8 duties granted to the administrator in chapter 123. 9 2. The alcoholic beverages division of the department of 10 commerce, in conjunction with other stakeholders the division 11 deems necessary, shall conduct a study concerning enforcement 12 issues related to alcoholic beverage control, including 13 consideration of the manner of properly balancing appropriate 14 regulation of the manufacturing, distribution, and sale of 15 alcoholic liquor, wine, and beer in this state with emerging 16 trends in the industry. 17 3. In conducting the study, the division shall consider 18 any other relevant issues the division identifies for study, 19 issues relating to the three-tiered system and section 123.45, 20 as it impacts the ability of manufacturers, wholesalers, and 21 retailers to meet changing marketplace conditions and business 22 opportunities. 23 4. By July 1, 2018, the division shall submit a final report 24 to the general assembly. The report shall provide the results 25 of the study including any findings and recommendations. 26 5. During the time period of the study and consideration of 27 the issue by the general assembly during the 2019 legislative 28 session, if an applicant has a conflict with section 123.45, 29 subsection 1, paragraphs “c” or “d”, the administrator 30 may elect to defer on a final determination regarding the 31 eligibility and issue a temporary license or permit with 32 conditions, if applicable. In making a determination of 33 whether to defer on a final determination, the administrator 34 shall balance regulatory principles and practices that ensure a 35 -11- SF516.2709.H (2) 87 md 11/ 26 #4.
fair and competitive marketplace with the protections of the 1 public interests as provided in chapter 123. 2 6. This section is repealed July 1, 2019. 3 Sec. 28. SEXUAL ABUSE EVIDENCE COLLECTION KITS. Any sexual 4 abuse evidence collection kit identified by a jurisdictional 5 law enforcement agency through the inventory required pursuant 6 to 2016 Iowa Acts, chapter 1042, shall be maintained by the law 7 enforcement agency indefinitely. A law enforcement agency in 8 possession of any sexual abuse evidence kit identified through 9 the inventory shall submit for analysis any kit at the request 10 of the department of justice. 11 Sec. 29. REPEAL. Chapter 304A, Code 2017, is repealed. 12 DIVISION IV 13 CORRECTIVE PROVISIONS 14 Sec. 30. Section 22.13A, subsection 5, paragraph b, as 15 enacted by 2017 Iowa Acts, House File 291, section 51, is 16 amended to read as follows: 17 b. If paragraph “a” , subparagraph (1) or (2) is not 18 consistent with the provision of a collective bargaining 19 agreement, a state agency shall provide the individuals 20 referenced in this subsection , as applicable, with regular 21 reports regarding any personnel settlement agreements entered 22 into with state employees by the state agency. 23 Sec. 31. Section 27.1, as enacted by 2017 Iowa Acts, Senate 24 File 499, section 1, is amended to read as follows: 25 27.1 Definitions. 26 1. For purposes of this section chapter : 27 a. 1. “Monitoring device” means a digital video or audio 28 streaming or recording device that is part of a system of 29 monitoring activity in an area or building using a system in 30 which signals are transmitted from a video camera or microphone 31 to the receivers by cables or wirelessly, forming a closed 32 circuit. 33 b. 2. “Public hospital” means a hospital licensed pursuant 34 to chapter 135B and governed pursuant to chapter 145A, 263, 35 -12- SF516.2709.H (2) 87 md 12/ 26
347, 347A, or 392. 1 c. 3. “Public library” means a library district as 2 described in chapter 336. 3 d. 4. “Public school” means a school district as described 4 in chapter 274. 5 e. 5. “Reasonable expectation of privacy” means a person’s 6 reasonable belief, under the circumstances, that the person can 7 disrobe or partially disrobe in privacy without being concerned 8 that the person is being viewed, photographed, or filmed when 9 doing so. 10 Sec. 32. Section 73A.26, as enacted by 2017 Iowa Acts, 11 Senate File 438, section 6, is amended to read as follows: 12 73A.26 Purpose. 13 The purpose of this chapter subchapter is to provide for 14 more economical, nondiscriminatory, neutral, and efficient 15 procurement of construction-related goods and services by this 16 state and political subdivisions of this state. 17 Sec. 33. Section 80B.19, subsection 2, if enacted by 2017 18 Iowa Acts, Senate File 509, section 22, is amended to read as 19 follows: 20 2. Internal training funds in the internal training 21 clearing fund shall be administered by the academy and shall 22 consist of moneys collected by the academy from billings issued 23 in accordance with this chapter 80B , and any other moneys 24 obtained or accepted by the academy, including but not limited 25 to gifts, loans, donations, grants, and contributions, which 26 are obtained or designated to support the activities of the 27 academy. 28 Sec. 34. Section 84A.1A, subsection 1, paragraph a, 29 subparagraph (8), subparagraph division (b), subparagraph 30 subdivision (iii), as enacted by 2017 Iowa Acts, House File 31 572, section 1, is amended to read as follows: 32 (iii) Two representatives of community-based organizations 33 that have demonstrated experience and expertise in addressing 34 the employment, training, or education needs of individuals 35 -13- SF516.2709.H (2) 87 md 13/ 26
with barriers to employment as defined in the federal Workforce 1 Innovation and Opportunity Act, Pub. L. No. 113-128, §3(24), 2 including but not limited to organizations that serve veterans , 3 or that provide or support competitive, integrated employment 4 for individuals with disabilities; or that serve eligible 5 youth, as defined in the federal Workforce Innovation and 6 Opportunity Act, Pub. L. No. 113-128, §3(18), including 7 representatives of organizations that serve out-of-school 8 youth, as defined in the federal Workforce Innovation and 9 Opportunity Act, Pub. L. No. 113-128, §129(a)(1)(B). 10 Sec. 35. Section 225D.1, subsection 8, Code 2017, as amended 11 by 2017 Iowa Acts, House File 215, section 1, is amended to 12 read as follows: 13 8. “Eligible individual” means a child less than fourteen 14 years of age who has been diagnosed with autism based on a 15 diagnostic assessment of autism, is not otherwise eligible for 16 coverage for applied behavioral analysis treatment or applied 17 behavior analysis treatment under the medical assistance 18 program, section 514C.28 , 514C.31 , or other private insurance 19 coverage, and whose household income does not exceed five 20 hundred percent of the federal poverty level. 21 Sec. 36. Section 261.9, subsection 2A, paragraph b, if 22 enacted by 2017 Iowa Acts, House File 642, section 15, is 23 amended to read as follows: 24 b. Is a barber school licensed under section 158.7 or 25 a school of cosmetology arts and sciences licensed under 26 chapter 157 and is accredited by a national accrediting agency 27 recognized by the United States department of education. For 28 the fiscal year beginning July 1, 2017, an eligible institution 29 under this paragraph shall provide a matching aggregate amount 30 of institutional financial aid equal to at least seventy-five 31 percent of the amount received by the institution’s students 32 for Iowa tuition grant assistance under section 261.16A. 33 For the fiscal year beginning July 1, 2018, the institution 34 shall provide a matching aggregate amount of institutional 35 -14- SF516.2709.H (2) 87 md 14/ 26
financial aid equal to at least eighty-five percent of the 1 amount received in that fiscal year. Commencing with the 2 fiscal year beginning July 1, 2019, and each succeeding fiscal 3 year, the matching aggregate amount of institutional financial 4 aid shall be at least equal to the match provided by eligible 5 institutions under section 261.16A, subsection 2 paragraph “a” . 6 Sec. 37. Section 422.7, subsection 41, paragraph a, 7 subparagraph (1), subparagraph division (b), as enacted by 2017 8 Iowa Acts, Senate File 505, section 1, is amended to read as 9 follows: 10 (b) For the tax year beginning in the 2018 calendar year 11 and for each subsequent tax year, the director shall multiply 12 each dollar amount set forth in subparagraph division (a), 13 subparagraph subdivisions (i) and (ii) by the latest cumulative 14 inflation factor, shall round off the resulting product to 15 the nearest one dollar, and shall incorporate the result into 16 the income tax forms and instructions for each tax year. For 17 purposes of this subparagraph division, “cumulative inflation 18 factor” means the product of the annual inflation factor for 19 the 2018 calendar year and all annual inflation factors for 20 subsequent calendar years as determined by section 422.4, 21 subsection 1, paragraph “a” . The cumulative inflation factor 22 applies to all tax years beginning on or after January 1 of 23 the calendar year for which the latest annual inflation factor 24 has been determined. Notwithstanding any other provision, 25 the annual inflation factor for the 2018 calendar year is one 26 hundred percent. 27 Sec. 38. 2017 Iowa Acts, House File 488, section 57, as 28 enacted, is amended by striking the section and inserting in 29 lieu thereof the following: 30 SEC. 57. Section 455B.474, subsection 2, paragraph a, 31 subparagraph (1), Code 2017, is amended to read as follows: 32 (1) (a) Financial responsibility required by this 33 subsection may be established in accordance with rules adopted 34 by the commission by any one, or any combination, of the 35 -15- SF516.2709.H (2) 87 md 15/ 26
following methods: insurance, guarantee, surety bond, letter 1 (i) Insurance. 2 (ii) Guarantee. 3 (iii) Surety bond. 4 (iv) Letter of credit , or qualification . 5 (v) Qualification as a self-insurer. 6 (b) In adopting requirements under this subsection , the 7 commission may specify policy or other contractual terms, 8 conditions, or defenses which are necessary or are unacceptable 9 in establishing the evidence of financial responsibility. 10 Sec. 39. 2017 Iowa Acts, House File 642, section 44, 11 subsection 1, paragraph f, unnumbered paragraph 2, if enacted, 12 is amended to read as follows: 13 From the moneys appropriated in this lettered paragraph 14 “f”, not more than $50,000 shall be used by the department for 15 expenses associated with the activities of the secondary career 16 and technical programming task force convened pursuant to this 17 Act to provide statewide support for work-based learning . 18 Sec. 40. 2017 Iowa Acts, House File 642, section 52, 19 subsection 4, paragraph c, subparagraph (4), is amended to read 20 as follows: 21 (4) Notwithstanding section 8.33, of the moneys 22 appropriated in this paragraph “c” that remain unencumbered 23 or unobligated at the close of the fiscal year, an amount 24 equivalent to not more than 5 percent of the amount 25 appropriated in this paragraph “c” shall not revert by but 26 shall remain available for expenditure for summer programs for 27 students until the close of the succeeding fiscal year. 28 Sec. 41. 2017 Iowa Acts, House File 642, section 55, 29 subsection 1, paragraph f, unnumbered paragraph 2, if enacted, 30 is amended to read as follows: 31 From the moneys appropriated in this lettered paragraph 32 “f”, not more than $25,000 shall be used by the department for 33 expenses associated with the activities of the secondary career 34 and technical programming task force convened pursuant to this 35 -16- SF516.2709.H (2) 87 md 16/ 26
Act to provide statewide support for work-based learning . 1 Sec. 42. 2017 Iowa Acts, Senate File 510, section 22, 2 subsection 1, if enacted, is amended to read as follows: 3 1. Notwithstanding section 466A.2, and the repeal of 4 chapter 466A as provided in this division of this Act, on and 5 after December 31, 2017, the department of agriculture and 6 land stewardship shall manage moneys credited to the watershed 7 improvement fund in the same manner as required in 2016 8 Acts, chapter 1134, section 35, including by making necessary 9 payments to satisfy any outstanding obligations incurred by the 10 watershed improvement review board prior to December 31, 2017. 11 Sec. 43. EFFECTIVE UPON ENACTMENT. The following sections 12 of this division of this Act, being deemed of immediate 13 importance, take effect upon enactment: 14 1. The section of this division of this Act amending section 15 22.13A, subsection 5, paragraph “b”. 16 2. The section of this division of this Act amending section 17 73A.26. 18 3. The section of this division of this Act amending 19 section 84A.1A, subsection 1, paragraph “a”, subparagraph (8), 20 subparagraph division (b), subparagraph subdivision (iii). 21 Sec. 44. EFFECTIVE DATE. The section of this division of 22 this Act amending section 225D.1, subsection 8, takes effect 23 January 1, 2018. 24 Sec. 45. APPLICABILITY. The section of this division of 25 this Act amending section 422.7, subsection 41, paragraph a, 26 subparagraph (1), subparagraph division (b), applies to tax 27 years beginning on or after January 1, 2018. 28 DIVISION V 29 WEAPONS 30 Sec. 46. Section 724.2A, as enacted by 2017 Iowa Acts, House 31 File 517, section 5, is amended to read as follows: 32 724.2A Peace officer and reserve peace officer —— defined. 33 As used in sections 724.4, 724.6 , and 724.11 , “peace officer” 34 means a certified “peace officer” and includes a reserve peace 35 -17- SF516.2709.H (2) 87 md 17/ 26
officer as defined in section 80D.1A . 1 Sec. 47. Section 724.4C, subsection 1, unnumbered paragraph 2 1, as enacted by 2017 Iowa Acts, House File 517, section 8, is 3 amended to read as follows: 4 Except as provided in subsection 2, a person commits a 5 serious misdemeanor if the person is intoxicated as provided 6 under the conditions set out in section 321J.2, subsection 7 1 , paragraph “a” , “b” , or “c” , and the person does any of the 8 following: 9 Sec. 48. Section 724.17, subsection 1, as enacted by 2017 10 Iowa Acts, House File 517, section 22, is amended to read as 11 follows: 12 1. The application for a permit to acquire pistols or 13 revolvers may be made to the sheriff of the county of the 14 applicant’s residence and shall be on a form prescribed 15 and published by the commissioner of public safety. The 16 application shall require only the full name of the applicant, 17 the driver’s license or nonoperator’s identification card 18 number of the applicant, the residence of the applicant, and 19 the date and place of birth of the applicant , and whether the 20 applicant meets the criteria specified in section 724.15 . 21 The applicant shall also display an identification card that 22 bears a distinguishing number assigned to the cardholder, the 23 full name, date of birth, sex, residence address, and brief 24 description and color photograph of the cardholder, or other 25 identification as specified by rule of the department of public 26 safety. The sheriff shall conduct a criminal history check 27 concerning each applicant by obtaining criminal history data 28 from the department of public safety which shall include an 29 inquiry of the national instant criminal background check 30 system maintained by the federal bureau of investigation or any 31 successor agency. A person who makes what the person knows 32 to be a false statement of material fact on an application 33 submitted under this section or who submits what the person 34 knows to be any materially falsified or forged documentation in 35 -18- SF516.2709.H (2) 87 md 18/ 26
connection with such an application commits a class “D” felony. 1 Sec. 49. Section 724.22, subsection 9, as enacted by 2017 2 Iowa Acts, House File 517, section 29, is amended to read as 3 follows: 4 9. A parent, guardian, spouse, or instructor, who knowingly 5 provides direct supervision under subsection 5, of a person 6 while intoxicated as provided under the conditions set out 7 in section 321J.2, subsection 1, or under the influence of 8 an illegal drug paragraph “a” , “b” , or “c” , commits child 9 endangerment in violation of section 726.6, subsection 1, 10 paragraph “i” . 11 Sec. 50. Section 726.6, subsection 1, paragraph i, as 12 enacted by 2017 Iowa Acts, House File 517, section 30, is 13 amended to read as follows: 14 i. Knowingly provides direct supervision of a person under 15 section 724.22, subsection 5, while intoxicated as provided 16 under the conditions set out in section 321J.2, subsection 1, 17 or under the influence of an illegal drug paragraph “a” , “b” , 18 or “c” . 19 Sec. 51. 2017 Iowa Acts, House File 517, section 50, 20 subsection 1, as enacted, is amended to read as follows: 21 1. The section sections of this Act amending section 22 sections 724.22 and 726.6 . 23 Sec. 52. REPEAL. 2017 Iowa Acts, House File 517, section 24 16, as enacted, is repealed. 25 Sec. 53. EFFECTIVE UPON ENACTMENT. The section of this 26 division of this Act amending 2017 Iowa Acts, House File 517, 27 section 50, subsection 1, being deemed of immediate importance, 28 takes effect upon enactment. 29 Sec. 54. RETROACTIVE APPLICABILITY. The section of this 30 division of this Act amending 2017 Iowa Acts, House File 517, 31 section 50, subsection 1, applies retroactively to April 13, 32 2017. 33 DIVISION VI 34 MERCHANT LINES 35 -19- SF516.2709.H (2) 87 md 19/ 26
Sec. 55. Section 6A.21, subsection 1, Code 2017, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . 0a. “Aboveground merchant line” means 3 “merchant line” as defined in section 478.6A, subsection 1, 4 excluding those merchant lines that are underground. 5 Sec. 56. Section 6A.21, subsection 1, paragraph b, Code 6 2017, is amended to read as follows: 7 b. “Private development purposes” means the construction of, 8 or improvement related to, recreational trails, recreational 9 development paid for primarily with private funds, aboveground 10 merchant lines, housing and residential development, or 11 commercial or industrial enterprise development. 12 Sec. 57. Section 6A.21, subsection 2, Code 2017, is amended 13 to read as follows: 14 2. The limitation on the definition of public use, 15 public purpose, or public improvement does not apply to the 16 establishment, relocation, or improvement of a road pursuant 17 to chapter 306 , or to the establishment of a railway under the 18 supervision of the department of transportation as provided in 19 section 327C.2 , or to an airport as defined in section 328.1 , 20 or to land acquired in order to replace or mitigate land used 21 in a road project when federal law requires replacement or 22 mitigation. This limitation also does not apply to utilities, 23 persons, companies, or corporations under the jurisdiction of 24 the Iowa utilities board in the department of commerce or to 25 any other utility conferred the right by statute to condemn 26 private property or to otherwise exercise the power of eminent 27 domain , except to the extent such purpose includes construction 28 of aboveground merchant lines . 29 Sec. 58. Section 6A.22, subsection 2, paragraph a, 30 subparagraph (2), Code 2017, is amended to read as follows: 31 (2) The acquisition of any interest in property necessary to 32 the function of a public or private utility to the extent such 33 purpose does not include construction of aboveground merchant 34 lines , common carrier, or airport or airport system. 35 -20- SF516.2709.H (2) 87 md 20/ 26
Sec. 59. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 Sec. 60. APPLICABILITY. This division of this Act applies 4 to projects or condemnation proceedings commenced on or after 5 the effective date of this division of this Act. 6 DIVISION VII 7 VAPOR AND ALTERNATIVE NICOTINE PRODUCTS —— TAX 8 Sec. 61. Section 453A.1, Code 2017, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 7A. “Delivery sale” means any sale of 11 an alternative nicotine product or a vapor product to a 12 purchaser in this state where the purchaser submits the order 13 for such sale by means of a telephonic or other method of 14 voice transmission, mail or any other delivery service, or the 15 internet or other online service and the alternative nicotine 16 product or vapor product is delivered by use of mail or a 17 delivery service. The sale of an alternative nicotine product 18 or vapor product shall constitute a delivery sale regardless of 19 whether the seller is located in this state. “Delivery sale” 20 does not include a sale to a distributor or retailer of any 21 alternative nicotine product or vapor product not for personal 22 consumption. 23 Sec. 62. Section 453A.1, subsection 20, Code 2017, is 24 amended to read as follows: 25 20. “Place of business” is construed to mean and include any 26 place where cigarettes are sold or where cigarettes are stored 27 within or without the state of Iowa by the holder of an Iowa 28 permit or kept for the purpose of sale or consumption; or if 29 sold from any vehicle or train, the vehicle or train on which 30 or from which such cigarettes are sold shall constitute a place 31 of business ; or for a business within or without the state that 32 conducts delivery sales, any place where alternative nicotine 33 products or vapor products are sold or where alternative 34 nicotine products or vapor products are kept for the purpose 35 -21- SF516.2709.H (2) 87 md 21/ 26
of sale . 1 Sec. 63. Section 453A.13, subsection 1, Code 2017, is 2 amended to read as follows: 3 1. Permits required. Every distributor, wholesaler, 4 cigarette vendor, and retailer, now engaged or who desires to 5 become engaged in the sale or use of cigarettes, upon which a 6 tax is required to be paid, and every retailer now engaged or 7 who desires to become engaged in selling, offering for sale, or 8 distributing alternative nicotine products or vapor products , 9 including through delivery sales, shall obtain a state or 10 retail permit as a distributor, wholesaler, cigarette vendor, 11 or retailer, as the case may be. 12 Sec. 64. Section 453A.13, subsection 2, paragraph a, Code 13 2017, is amended to read as follows: 14 a. The department shall issue state permits to distributors, 15 wholesalers, and cigarette vendors and retailers that make 16 delivery sales of alternative nicotine products and vapor 17 products subject to the conditions provided in this division . 18 If an out-of-state retailer makes delivery sales of alternative 19 nicotine products or vapor products, an application shall be 20 filed with the department and a permit shall be issued for the 21 out-of-state retailer’s principal place of business. Cities 22 may issue retail permits to dealers retailers with a place of 23 business located within their respective limits. County boards 24 of supervisors may issue retail permits to dealers retailers 25 with a place of business in their respective counties, outside 26 of the corporate limits of cities. 27 Sec. 65. Section 453A.42, Code 2017, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 2A. “Delivery sale” means any sale of 30 an alternative nicotine product or a vapor product to a 31 purchaser in this state where the purchaser submits the order 32 for such sale by means of a telephonic or other method of 33 voice transmission, mail or any other delivery service, or the 34 internet or other online service and the alternative nicotine 35 -22- SF516.2709.H (2) 87 md 22/ 26
product or vapor product is delivered by use of mail or a 1 delivery service. The sale of an alternative nicotine product 2 or vapor product shall constitute a delivery sale regardless of 3 whether the seller is located in this state. “Delivery sale” 4 does not include a sale to a distributor or retailer of any 5 alternative nicotine product or vapor product not for personal 6 consumption. 7 Sec. 66. Section 453A.42, subsection 8, Code 2017, is 8 amended to read as follows: 9 8. “Place of business” means any place where tobacco 10 products are sold or where tobacco products are manufactured, 11 stored, or kept for the purpose of sale or consumption, 12 including any vessel, vehicle, airplane, train, or vending 13 machine ; or for a business within or without the state that 14 conducts delivery sales, any place where alternative nicotine 15 products or vapor products are sold or where alternative 16 nicotine products or vapor products are kept for the purpose of 17 sale, including delivery sales . 18 Sec. 67. Section 453A.47A, subsections 1, 3, and 6, Code 19 2017, are amended to read as follows: 20 1. Permits required. A person shall not engage in 21 the business of a retailer of tobacco, tobacco products, 22 alternative nicotine products, or vapor products at any place 23 of business , or through delivery sales, without first having 24 received a permit as a retailer. 25 3. Number of permits. An application shall be filed and a 26 permit obtained for each place of business owned or operated by 27 a retailer located in the state . If an out-of-state retailer 28 makes delivery sales of alternative nicotine products or vapor 29 products, an application shall be filed with the department 30 and a permit shall be issued for the out-of-state retailer’s 31 principal place of business. 32 6. Issuance. Cities shall may issue retail permits to 33 retailers located within their respective limits. County 34 boards of supervisors shall may issue retail permits to 35 -23- SF516.2709.H (2) 87 md 23/ 26
retailers located in their respective counties, outside of the 1 corporate limits of cities. The city or county shall submit a 2 duplicate of any application for a retail permit and any retail 3 permit issued by the entity under this section to the alcoholic 4 beverages division of the department of commerce within thirty 5 days of issuance. The alcoholic beverages division of the 6 department of commerce shall submit the current list of all 7 retail permits issued to the Iowa department of public health 8 by the first day of each quarter of a state fiscal year. 9 Sec. 68. NEW SECTION . 453A.47B Requirements for mailing or 10 shipping —— alternative nicotine products or vapor products. 11 A retailer shall not mail, ship, or otherwise cause to be 12 delivered any alternative nicotine product or vapor product in 13 connection with a delivery sale unless all of the following 14 apply: 15 1. Prior to sale to the purchaser, the retailer verifies 16 that the purchaser is at least eighteen years of age through or 17 by one of the following: 18 a. A commercially available database, or aggregate of 19 databases, that is regularly used by government and businesses 20 for the purpose of age and identity verification. 21 b. Obtaining a copy of a valid government-issued document 22 that provides the name, address, and date of birth of the 23 purchaser. 24 2. The retailer uses a method of mailing, shipping, or 25 delivery that requires the signature of a person who is at 26 least eighteen years of age before the shipping package is 27 released to the purchaser. 28 Sec. 69. NEW SECTION . 453A.47C Sales and use tax on 29 delivery sales —— alternative nicotine products or vapor 30 products. 31 1. A delivery sale of alternative nicotine products or vapor 32 products within this state shall be subject to the sales tax 33 provided in chapter 423, subchapter II. 34 2. The use in this state of alternative nicotine products 35 -24- SF516.2709.H (2) 87 md 24/ 26
or vapor products purchased for use in this state through a 1 delivery sale shall be subject to the use tax provided in 2 chapter 423, subchapter III. 3 3. A retailer required to possess or possessing a permit 4 under section 453A.13 or 453A.47A to make delivery sales of 5 alternative nicotine products or vapor products within this 6 state shall be deemed to have waived all claims that such 7 retailer lacks physical presence within this state for purposes 8 of collecting and remitting sales and use tax. 9 4. A retailer making taxable delivery sales of alternative 10 nicotine products or vapor products within this state shall 11 remit to the department all sales and use tax due on such sales 12 at the times and in the manner provided by chapter 423. 13 5. The director shall adopt rules pursuant to chapter 17A to 14 administer this section. 15 DIVISION VIII 16 NATIONAL JUNIOR ANGUS SHOW 17 Sec. 70. 2015 Iowa Acts, chapter 132, section 25, as amended 18 by 2016 Iowa Acts, chapter 1134, section 2, is amended to read 19 as follows: 20 SEC. 25. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 21 HORSE AND DOG RACING. There is appropriated from the moneys 22 available under section 99D.13 to the department of agriculture 23 and land stewardship for the fiscal year beginning July 1, 24 2016, and ending June 30, 2017, the following amount, or so 25 much thereof as is necessary, to be used for the purposes 26 designated: 27 1. For purposes of supporting the department’s 28 administration and enforcement of horse and dog racing law 29 pursuant to section 99D.22 , including for salaries, support, 30 maintenance, and miscellaneous purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 295,516 32 2. a. For allocation to the Iowa junior angus association 33 in connection with the 2016 2017 national junior angus show: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 35 -25- SF516.2709.H (2) 87 md 25/ 26
b. Notwithstanding section 8.33, moneys appropriated in 1 this subsection that remain unencumbered or unobligated at the 2 close of the fiscal year shall not revert but shall remain 3 available to be used to support the purpose designated in 4 paragraph “a” until the close of the succeeding fiscal year. 5 Sec. 71. EFFECTIVE UPON ENACTMENT. This division of this 6 Act, being deemed of immediate importance, takes effect upon 7 enactment. > 8 -26- SF516.2709.H (2) 87 md 26/ 26