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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,197,091
21
If
total
approved
claims
for
reimbursement
for
nonpublic
22
school
pupil
transportation
exceed
the
amount
appropriated
in
23
accordance
with
this
subsection,
the
department
of
education
24
shall
prorate
the
amount
of
each
approved
claim.
25
2.
For
distribution
for
the
tribal
council
of
the
Sac
and
26
Fox
Indian
settlement
for
educating
American
Indian
children
27
under
section
256.30:
28
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
95,750
29
Sec.
4.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
——
FY
30
2018-2019.
Notwithstanding
the
standing
appropriations
31
in
the
following
designated
sections
for
the
fiscal
year
32
beginning
July
1,
2018,
and
ending
June
30,
2019,
the
amounts
33
appropriated
from
the
general
fund
of
the
state
pursuant
to
34
these
sections
for
the
following
designated
purposes
shall
not
35
-2-
SF516.2709.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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,197,091
4
If
total
approved
claims
for
reimbursement
for
nonpublic
5
school
pupil
transportation
exceed
the
amount
appropriated
in
6
accordance
with
this
subsection,
the
department
of
education
7
shall
prorate
the
amount
of
each
approved
claim.
8
2.
For
distribution
for
the
tribal
council
of
the
Sac
and
9
Fox
Indian
settlement
for
educating
American
Indian
children
10
under
section
256.30:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
95,750
12
Sec.
5.
GENERAL
ASSEMBLY.
13
1.
The
appropriations
made
pursuant
to
section
2.12
for
the
14
expenses
of
the
general
assembly
and
legislative
agencies
for
15
the
fiscal
year
beginning
July
1,
2017,
and
ending
June
30,
16
2018,
are
reduced
by
the
following
amount:
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
400,000
18
2.
The
budgeted
amounts
for
the
general
assembly
and
19
legislative
agencies
for
the
fiscal
year
beginning
July
1,
20
2017,
may
be
adjusted
to
reflect
the
unexpended
budgeted
21
amounts
from
the
previous
fiscal
year.
22
3.
Annual
membership
dues
for
organizations,
associations,
23
and
conferences
shall
not
be
paid
from
moneys
appropriated
24
pursuant
to
section
2.12.
25
4.
Costs
for
out-of-state
travel
and
per
diems
for
26
out-of-state
travel
shall
not
be
paid
from
moneys
appropriated
27
pursuant
to
section
2.12.
28
Sec.
6.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
2017-2018.
In
29
lieu
of
the
appropriation
provided
in
section
257.20,
30
subsection
2,
the
appropriation
for
the
fiscal
year
31
beginning
July
1,
2017,
and
ending
June
30,
2018,
for
paying
32
instructional
support
state
aid
under
section
257.20
for
such
33
fiscal
years
is
zero.
34
Sec.
7.
SPECIAL
FUNDS
——
SALARY
ADJUSTMENTS
——
FY
2017-2018
35
-3-
SF516.2709.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
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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
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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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$131,100,000
6
Sec.
14.
CASH
RESERVE
FUND
APPROPRIATION
——
FY
7
2017-2018.
There
is
appropriated
from
the
general
fund
of
the
8
state
to
the
cash
reserve
fund
created
in
section
8.56
for
the
9
fiscal
year
beginning
July
1,
2017,
and
ending
June
30,
2018,
10
the
following
amount:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
20,000,000
12
Sec.
15.
CASH
RESERVE
FUND
APPROPRIATION
——
FY
13
2018-2019.
There
is
appropriated
from
the
general
fund
of
the
14
state
to
the
cash
reserve
fund
for
the
fiscal
year
beginning
15
July
1,
2018,
and
ending
June
30,
2019,
the
following
amount:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
$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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
FTEs
2.00
29
Sec.
17.
DEPARTMENT
OF
EDUCATION
——
VOCATIONAL
30
REHABILITATION
SERVICES
DIVISION.
31
1.
There
is
appropriated
from
the
general
fund
of
the
state
32
to
the
department
of
education
for
the
fiscal
year
beginning
33
July
1,
2017,
and
ending
June
30,
2018,
the
following
amount,
34
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
35
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designated:
1
For
purposes
of
meeting
federal
maintenance
of
effort
2
requirements:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
106,705
4
2.
Moneys
appropriated
in
this
section
shall
supplement,
5
not
supplant,
moneys
appropriated
for
the
same
purposes
in
2017
6
Iowa
Acts,
House
File
642,
section
5,
subsection
3,
paragraph
7
“a”.
8
Sec.
18.
GUBERNATORIAL
TRANSITION.
There
is
appropriated
9
from
the
general
fund
of
the
state
to
the
offices
of
the
10
governor
and
the
lieutenant
governor
for
the
fiscal
year
11
beginning
July
1,
2017,
and
ending
June
30,
2018,
the
following
12
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
13
purposes
designated:
14
For
expenses
incurred
during
the
gubernatorial
transition:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
150,000
16
Sec.
19.
EFFECTIVE
UPON
ENACTMENT.
The
following
provision
17
or
provisions
of
this
division
of
this
Act,
being
deemed
of
18
immediate
importance,
take
effect
upon
enactment:
19
1.
The
section
of
this
division
of
this
Act
transferring
20
moneys
from
the
cash
reserve
fund
to
the
general
fund
of
the
21
state
for
the
fiscal
year
beginning
July
1,
2016.
22
DIVISION
III
23
MISCELLANEOUS
PROVISIONS
24
Sec.
20.
Section
2.43,
unnumbered
paragraph
1,
Code
2017,
25
is
amended
to
read
as
follows:
26
The
legislative
council
in
cooperation
with
the
officers
of
27
the
senate
and
house
shall
have
the
duty
and
responsibility
for
28
preparing
for
each
session
of
the
general
assembly.
Pursuant
29
to
such
duty
and
responsibility,
the
legislative
council
30
shall
assign
the
use
of
areas
in
the
state
capitol
except
for
31
the
areas
used
by
the
governor
as
of
January
1,
1986,
and
by
32
the
courts
as
of
July
1,
2003,
and,
in
consultation
with
the
33
director
of
the
department
of
administrative
services
and
the
34
capitol
planning
commission,
may
assign
areas
in
other
state
35
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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
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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
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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
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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
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#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
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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-
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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-
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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
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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
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SF516.2709.H
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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-
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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
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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
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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
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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
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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
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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
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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
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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
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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
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26/
26