Senate File 2419 S-5318 Amend Senate File 2419 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 STANDING APPROPRIATIONS AND RELATED MATTERS 5 Section 1. 2017 Iowa Acts, chapter 170, is amended by adding 6 the following new section: 7 NEW SECTION . SEC. 5A. GENERAL ASSEMBLY —— FY 2018-2019. 8 1. The appropriations made pursuant to section 2.12 for the 9 expenses of the general assembly and legislative agencies for 10 the fiscal year beginning July 1, 2018, and ending June 30, 11 2019, are reduced by the following amount: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,417,318 13 2. The budgeted amounts for the general assembly and 14 legislative agencies for the fiscal year beginning July 1, 15 2018, may be adjusted to reflect the unexpended budgeted 16 amounts from the previous fiscal year. 17 3. Annual membership dues for organizations, associations, 18 and conferences shall not be paid from moneys appropriated 19 pursuant to section 2.12, except reimbursement for travel 20 expenses may be paid to commissioners serving on the commission 21 of uniform state laws. 22 4. Costs for out-of-state travel and per diems for 23 out-of-state travel shall not be paid from moneys appropriated 24 pursuant to section 2.12. 25 Sec. 2. 2017 Iowa Acts, chapter 170, is amended by adding 26 the following new section: 27 NEW SECTION . SEC. 6A. INSTRUCTIONAL SUPPORT STATE AID —— FY 28 2018-2019. In lieu of the appropriation provided in section 29 257.20, subsection 2, the appropriation for the fiscal year 30 beginning July 1, 2018, and ending June 30, 2019, for paying 31 instructional support state aid under section 257.20 for such 32 fiscal years is zero. 33 Sec. 3. 2017 Iowa Acts, chapter 170, section 15, is amended 34 to read as follows: 35 -1- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 1/ 37 #1.
SEC. 15. CASH RESERVE FUND APPROPRIATION —— FY 2018-2019. 1 There is appropriated from the general fund of the state to the 2 cash reserve fund for the fiscal year beginning July 1, 2018, 3 and ending June 30, 2019, the following amount: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 111,100,000 5 113,100,000 6 Sec. 4. Section 257.35, Code 2018, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 12A. Notwithstanding subsection 1, and in 9 addition to the reduction applicable pursuant to subsection 10 2, the state aid for area education agencies and the portion 11 of the combined district cost calculated for these agencies 12 for the fiscal year beginning July 1, 2018, and ending June 13 30, 2019, shall be reduced by the department of management by 14 fifteen million dollars. The reduction for each area education 15 agency shall be prorated based on the reduction that the agency 16 received in the fiscal year beginning July 1, 2003. 17 Sec. 5. TAXPAYERS TRUST FUND. On July 1, 2018, any 18 unencumbered and unobligated moneys in the taxpayers trust fund 19 created in section 8.57E are transferred to the general fund 20 of the state. 21 Sec. 6. SALARY MODEL ADMINISTRATOR. The salary model 22 administrator shall work in conjunction with the legislative 23 services agency to maintain the state’s salary model used for 24 analyzing, comparing, and projecting state employee salary 25 and benefit information, including information relating to 26 employees of the state board of regents. The department of 27 revenue, the department of administrative services, the five 28 institutions under the jurisdiction of the state board of 29 regents, the judicial district departments of correctional 30 services, and the state department of transportation shall 31 provide salary data to the department of management and the 32 legislative services agency to operate the state’s salary 33 model. The format and frequency of provision of the salary 34 data shall be determined by the department of management and 35 -2- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 2/ 37
the legislative services agency. The information shall be 1 used in collective bargaining processes under chapter 20 and 2 in calculating the funding needs contained within the annual 3 salary adjustment legislation. A state employee organization 4 as defined in section 20.3, subsection 4, may request 5 information produced by the model, but the information provided 6 shall not contain information attributable to individual 7 employees. 8 DIVISION II 9 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 10 Sec. 7. Section 331.424A, subsection 9, Code 2018, as 11 amended by 2018 Iowa Acts, House File 2456, section 14, is 12 amended to read as follows: 13 a. For the fiscal year beginning July 1, 2017, and each 14 subsequent fiscal year, the county budgeted amount determined 15 for each county shall be the amount necessary to meet the 16 county’s financial obligations for the payment of services 17 provided under the regional service system management plan 18 approved pursuant to section 331.393 , not to exceed an amount 19 equal to the product of the regional per capita expenditure 20 target amount multiplied by the county’s population , and, for 21 fiscal years beginning on or after July 1, 2021, reduced by 22 the amount of the county’s cash flow reduction amount for the 23 fiscal year calculated under subsection 4, if applicable . 24 b. If a county officially joins a different region, the 25 county’s budgeted amount shall be the amount necessary to meet 26 the county’s financial obligations for payment of services 27 provided under the new region’s regional service system 28 management plan approved pursuant to section 331.393, not to 29 exceed an amount equal to the product of the new region’s 30 regional per capita expenditure target amount multiplied by 31 the county’s population , and, for fiscal years beginning on 32 or after July 1, 2021, reduced by the amount of the county’s 33 cash flow reduction amount for the fiscal year calculated under 34 subsection 4, if applicable . 35 -3- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 3/ 37
Sec. 8. 2017 Iowa Acts, chapter 170, section 13, is amended 1 to read as follows: 2 SEC. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding 3 section 8.56, subsection 3 and subsection 4 , paragraph “a” and 4 section 8.57, subsection 1, paragraph “a” , there is transferred 5 from the cash reserve fund created in section 8.56 to the 6 general fund of the state for the fiscal year beginning July 1, 7 2016, and ending June 30, 2017, the following amount: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,100,000 9 Sec. 9. 2018 Iowa Acts, House File 2441, section 17, 10 subsection 1, is amended by striking the subsection. 11 Sec. 10. 2018 Iowa Acts, Senate File 2117, section 11, 12 subsection 1, is amended to read as follows: 13 1. There is appropriated from the Iowa economic emergency 14 fund created in section 8.55 to the general fund of the state 15 for the fiscal year beginning July 1, 2017 2016 , and ending 16 June 30, 2018 2017 , the following amount: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,000,000 18 Sec. 11. 2018 Iowa Acts, Senate File 2117, section 12, is 19 amended to read as follows: 20 SEC. 12. RETROACTIVE APPLICABILITY. The following 21 provision or provisions of this division of this Act apply 22 retroactively to September 28, 2017 June 30, 2017 : 23 The section of this division of this Act appropriating 24 moneys from the Iowa economic emergency fund to the general 25 fund in lieu of a prior standing appropriation. 26 Sec. 12. RETROACTIVE APPLICABILITY. The following applies 27 retroactively to May 12, 2017: 28 The section of this division of this Act amending 2017 Iowa 29 Acts, chapter 170, section 13. 30 Sec. 13. RETROACTIVE APPLICABILITY. The following applies 31 retroactively to the effective date of section 256.9A, as 32 enacted by 2018 Iowa Acts, House File 2441, section 1: 33 The section of this division of this Act amending 2018 Iowa 34 Acts, House File 2441, section 17, subsection 1. 35 -4- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 4/ 37
Sec. 14. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 DIVISION III 3 CORRECTIVE PROVISIONS 4 Sec. 15. Section 9A.102, subsection 1, Code 2017, as amended 5 by 2018 Iowa Acts, Senate File 385, section 2, is amended to 6 read as follows: 7 1. “Agency contract” means an agreement in which a student 8 athlete authorizes a person to negotiate or solicit on behalf 9 of the athlete a professional sports services contract or an 10 endorsement contract. 11 Sec. 16. Section 68B.2C, as enacted by 2018 Iowa Acts, 12 Senate File 2323, section 7, is amended to read as follows: 13 68B.2C Prohibited outside employment and activities —— agents 14 of foreign principals. 15 Officials and state employees shall not engage in any 16 outside employment or activity that requires the person to 17 register under the federal Foreign Agents Registration Act of 18 1938, as amended , 22 U.S.C. §611 et seq. , as amended. 19 Sec. 17. Section 84A.4, subsection 4, paragraph f, Code 20 2018, if enacted by 2018 Iowa Acts, Senate File 2353, section 21 6, is amended to read as follows: 22 f. Proven and promising practices. The local workforce 23 development board shall lead efforts in the local workforce 24 development area to do all of the following: 25 (1) Identify identify and promote proven and promising 26 strategies and initiatives for meeting the needs of employers, 27 workers, and jobseekers, including individuals with a barrier 28 to employment, in the local workforce development system, 29 including providing physical and programmatic accessibility, 30 in accordance with 29 U.S.C. §3248, if applicable, applicable 31 provisions of chapter 216, and applicable provisions of the 32 Americans with Disabilities Act of 1990, codified at 42 U.S.C. 33 §12101 et seq., to the one-stop delivery system. 34 Sec. 18. Section 123.92, subsection 3, paragraph a, Code 35 -5- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 5/ 37
2018, as amended by 2018 Iowa Acts, Senate File 2310, section 1 47, is amended to read as follows: 2 a. Notwithstanding section 123.49, subsection 1 , any 3 person who is injured in person or property or means of 4 support by an intoxicated person who is under legal age or 5 resulting from the intoxication of a person who is under 6 legal age, has a right of action for all damages actually 7 sustained, severally or jointly, against a person who is 8 not a licensee or permittee and who dispensed or gave any 9 alcoholic beverage to the intoxicated underage person when the 10 nonlicensee or nonpermittee who dispensed or gave the alcoholic 11 beverage to the underage person knew or should have known the 12 underage person was intoxicated, or who dispensed or gave any 13 alcoholic beverage to the underage person to a point where the 14 nonlicensee or nonpermittee knew or should have known that the 15 underage person would become intoxicated. 16 Sec. 19. Section 135.16A, subsection 1, paragraph a, as 17 enacted by 2018 Iowa Acts, House File 2408, section 1, is 18 amended to read as follows: 19 a. “Conventional eggs” means eggs others other than 20 specialty eggs. 21 Sec. 20. Section 147C.1, subsection 7, paragraph e, 22 subparagraph (2), subparagraph division (h), as enacted by 2018 23 Iowa Acts, House File 2425, section 1, is amended to read as 24 follows: 25 (h) Disclosure of investigative records compiled for law 26 enforcement purposes of any of the following . 27 Sec. 21. Section 148H.1, subsection 4, as enacted by 2018 28 Iowa Acts, Senate File 2228, section 5, is amended to read as 29 follows: 30 4. “Genetic counseling intern” means a student enrolled in 31 a genetic counseling program accredited by the accreditation 32 council for genetic counseling or its equivalent or successor 33 organization, or the American board of medical genetics and 34 genomics or its equivalent or successor organization. 35 -6- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 6/ 37
Sec. 22. Section 256.7, subsection 21, paragraph b, 1 subparagraph (2), subparagraph division (d), as enacted by 2018 2 Iowa Acts, House File 2235, section 1, is amended to read as 3 follows: 4 (d) That the assessment be peer-reviewed by an independent, 5 third-party evaluator to determine that the assessment is 6 aligned with the Iowa core academic standards, provides 7 a measurement of student growth and student proficiency, 8 and meets the summative assessment requirements of the 9 federal Every Student Succeeds Act, Pub. L. No. 114-95. The 10 assessment developed by the Iowa testing service program 11 within the university of Iowa college of education shall make 12 any necessary adjustments as determined by the peer review 13 be adjusted as necessary to meet the requirements of this 14 subparagraph (2) as determined by the peer review . 15 Sec. 23. Section 256.42, subsection 5, Code 2018, as amended 16 by 2018 Iowa Acts, Senate File 2131, section 1, is amended to 17 read as follows: 18 5. Under the initiative, a student must be enrolled in 19 a participating school district or accredited nonpublic 20 school or be receiving private instruction under chapter 299A 21 as described in subsection 1. For a student enrolled in a 22 participating school district or accredited nonpublic school, 23 the school district or school is responsible for recording 24 grades received for initiative coursework in a student’s 25 permanent record, awarding high school credit for initiative 26 coursework, and issuing a high school diplomas diploma to a 27 student enrolled in the district or school who participates and 28 completes coursework under the initiative. Each participating 29 school shall identify a site coordinator to serve as a student 30 advocate and as a liaison between the initiative staff and 31 teachers and the school district or accredited nonpublic 32 school. The individual providing instruction to a student 33 under chapter 299A as described in subsection 1 shall receive 34 the student’s score for completed initiative coursework. 35 -7- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 7/ 37
Sec. 24. Section 261.131, subsection 1, paragraph d, Code 1 2018, as enacted by 2018 Iowa Acts, House File 2458, section 2 12, is amended to read as follows: 3 d. “Eligible program” means a program of study or an 4 academic major jointly approved by the commission and the 5 department of workforce development, in consultation with an 6 eligible institution, that leads to a credential aligned with a 7 high-demand job designated by the workforce development board 8 or a community college pursuant to section 84A.1B, subsection 9 13A. If the board or a community college removes a high-demand 10 job from a list created under section 84A.1B, subsection 13A, 11 an eligible student who received a scholarship for a program 12 based on that high-demand job shall continue to receive the 13 scholarship until achieving a postsecondary credential, up to 14 an associate degree, as long as the student continues to meet 15 all other eligibility requirements. 16 Sec. 25. Section 280.13C, subsection 4, paragraph a, Code 17 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, 18 is amended to read as follows: 19 a. The department of public health, Iowa high school 20 athletic association, and the Iowa girls high school athletic 21 union shall work together to distribute the guidelines of the 22 centers for disease control and prevention guidelines of the 23 United States department of health and human services and other 24 pertinent information to inform and educate coaches, students, 25 and the parents and guardians of students of the risks, signs, 26 symptoms, and behaviors consistent with a concussion or brain 27 injury, including the danger of continuing to participate in 28 extracurricular interscholastic activities after suffering a 29 concussion or brain injury and their responsibility to report 30 such signs, symptoms, and behaviors if they occur. 31 Sec. 26. Section 280.13C, subsection 8, paragraph a, Code 32 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, 33 is amended to read as follows: 34 a. A school district or accredited nonpublic school that 35 -8- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 8/ 37
adopts and follows the protocol required by this section and 1 provides an emergency medical care provider or a licensed 2 health care provider at a contest that is a contact or limited 3 contact activity as identified by the American academy of 4 pediatrics shall not be liable for any claim for injuries or 5 damages based upon the actions or inactions of the emergency 6 medical care provider or the licensed health care provider 7 present at the contest at the request of the school district 8 or accredited nonpublic school so long as the emergency 9 medical care provider or the licensed health care provider 10 acts reasonably and in good faith and in the best interest of 11 the student athlete and without undue influence of the school 12 district or accredited nonpublic school or coaching staff 13 employed by the school district or accredited nonpublic school. 14 A school district or accredited nonpublic school shall not be 15 liable for any claim for injuries or damages if an emergency 16 medical care provider or a licensed health care provider who 17 was scheduled in accordance with a prearranged agreement with 18 the school district or accredited nonpublic school to be 19 present and available at a contest is not able to be present 20 and available due to documentable, unforeseen circumstances and 21 the school district or accredited nonpublic school otherwise 22 followed the protocol. 23 Sec. 27. Section 298.3, subsection 1, paragraph j, Code 24 2018, as amended by 2018 Iowa Acts, House File 2253, section 9, 25 is amended to read as follows: 26 j. The purchase of buildings or lease-purchase option 27 agreements for school buildings. However, a contract 28 for construction by a private party of property to be 29 lease-purchased by a public school corporation is a contract 30 for a public improvement as defined in section 26.2. If the 31 estimated cost of the property to be lease-purchased that is 32 renovated, repaired, or involves new construction in excess 33 of exceeds the competitive bid threshold in section 26.3, the 34 board of directors shall comply with the competitive bidding 35 -9- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 9/ 37
requirements of section 26.3. 1 Sec. 28. Section 321G.13, subsection 2, paragraph b, 2 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 3 Senate File 2231, section 1, is amended to read as follows: 4 (2) A person may operate or ride on a snowmobile with a 5 loaded pistol or revolver, whether concealed or not, if a the 6 person is operating or riding the snowmobile on land that is 7 not owned, possessed, or rented by the person, and the person’s 8 conduct is otherwise lawful. 9 Sec. 29. Section 321I.14, subsection 2, paragraph b, 10 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 11 Senate File 2231, section 3, is amended to read as follows: 12 (2) A person may operate or ride on all an all-terrain 13 vehicle with a loaded pistol or revolver, whether concealed or 14 not, if a the person is operating or riding the all-terrain 15 vehicle on land that is not owned, possessed, or rented by the 16 person, and the person’s conduct is otherwise lawful. 17 Sec. 30. Section 321I.14, subsection 6, as enacted by 2018 18 Iowa Acts, Senate File 2231, section 4, is amended to read as 19 follows: 20 6. As used in this section , “rented by the person” includes 21 a person who does not necessarily rent the land but who 22 principally provides labor for the production of crops located 23 on agricultural land or for the production of livestock 24 principally located on agricultural land. The person must 25 personally provide such labor on a regular, continuous, and 26 substantial basis. 27 Sec. 31. Section 364.4, subsection 4, paragraph i, Code 28 2018, as amended by 2018 Iowa Acts, House File 2253, section 29 11, is amended to read as follows: 30 i. A contract for construction by a private party of 31 property to be lease-purchased by a city is a contract for a 32 public improvement under section 26.2, subsection 3 . If the 33 estimated cost of the property to be lease-purchased that is 34 renovated, repaired, or involves new construction exceeds the 35 -10- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 10/ 37
competitive bid threshold set in section 26.3, the city shall 1 comply with the competitive bidding requirements of section 2 26.3. 3 Sec. 32. Section 633.42, subsection 1, Code 2018, as amended 4 by 2018 Iowa Acts, Senate File 2098, section 3, is amended to 5 read as follows: 6 1. At any time after the issuance of letters of appointment, 7 any interested person in the proceeding may file with the 8 clerk a written request for notice of the time and place of 9 all hearings in such proceeding for which notice is required 10 by law, by rule of court, or by an order in such proceeding. 11 The request for notice shall state the name of the requester, 12 the name of the requester’s attorney, if any, and the reason 13 the requester is an interested person in the proceeding. The 14 request for notice shall provide the requester’s post office 15 address , and , if available, the requester’s electronic mail 16 address and telephone number. The request for notice shall 17 also provide the requester’s attorney’s post office address, 18 electronic mail address, and telephone number. The clerk shall 19 docket the request. Thereafter, unless otherwise ordered by 20 the court, the fiduciary shall serve by ordinary or electronic 21 mail a notice of each hearing upon such requester and the 22 requester’s attorney, if any. 23 Sec. 33. Section 633.418, Code 2018, as amended by 2018 24 Iowa Acts, Senate File 2098, section 6, is amended to read as 25 follows: 26 633.418 Form and verification of claims —— general 27 requirements. 28 No claim shall be allowed against an estate on application 29 of the claimant unless it shall be in writing, filed with 30 the clerk, stating the claimant’s name , and address , and , 31 if available, telephone number and electronic mail address, 32 describing the nature and the amount thereof, if ascertainable, 33 and accompanied by the affidavit of the claimant, or someone 34 for the claimant, that the amount is justly due, or if not yet 35 -11- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 11/ 37
due, when it will or may become due, that no payments have been 1 made thereon which are not credited, and that there are no 2 offsets to the same, to the knowledge of the affiant, except as 3 therein stated. If the claim is contingent, the nature of the 4 contingency shall also be stated. 5 Sec. 34. Section 651.29, subsection 5, paragraphs b and c, 6 as enacted by 2018 Iowa Acts, Senate File 2175, section 29, are 7 amended to read as follows: 8 b. If none of the cotenants has have paid the entire price 9 for the remaining interest in the heirs property, the court 10 shall resolve the partition action under section 651.30 as if 11 the interest of the cotenant that had requested partition by 12 sale of the heirs property has not been purchased. 13 c. If more than one cotenant have has paid the entire price 14 for the remaining interest in the heirs property, the court 15 shall reapportion the remaining interest among such cotenants 16 based on each cotenant’s original fractional ownership of the 17 entire heirs property divided by the total original fractional 18 ownership of all cotenants that paid the entire price for 19 the remaining interest. The court shall promptly issue an 20 order reallocating all cotenants’ interests, disburse the 21 amounts held by the court to the persons entitled to such 22 disbursements, and promptly refund any excess payments held by 23 the court to the appropriate persons. 24 Sec. 35. Section 655.6, subsection 1, as enacted by 2018 25 Iowa Acts, House File 2232, section 5, is amended to read as 26 follows: 27 1. The mortgagee established reasonable procedures to 28 achieve compliance with its obligations under section 655.3. 29 Sec. 36. Section 716.11, subsection 1, paragraph b, as 30 enacted by 2018 Iowa Acts, Senate File 2235, section 1, is 31 amended to read as follows: 32 b. A gas, oil, petroleum, refined petroleum product, 33 renewable fuel, or chemical critical generation, storage , 34 transportation, or delivery system. 35 -12- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 12/ 37
Sec. 37. 2018 Iowa Acts, Senate File 2117, section 1, 1 paragraphs p and s, are amended to read as follows: 2 p. Department of economic Economic development authority 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 157,960 4 s. College student aid commission 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,172 6 Sec. 38. 2018 Iowa Acts, House File 2442, section 4, is 7 amended to read as follows: 8 SEC. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 9 with section 25B.2, subsection 3, the state cost of requiring 10 compliance with any state mandate included in this division 11 of this Act shall be paid by a school district from state 12 school foundation aid received by the school district under 13 section 257.16. This specification of the payment of the state 14 cost shall be deemed to meet all of the state funding-related 15 requirements of section 25B.2, subsection 3, and no additional 16 state funding shall be necessary for the full implementation of 17 this Act by and enforcement of this Act against all affected 18 school districts. 19 Sec. 39. REPEAL. 2018 Iowa Acts, House File 2348, section 20 9, is repealed. 21 Sec. 40. REPEAL. 2018 Iowa Acts, House File 2457, sections 22 115 and 116 are repealed. 23 Sec. 41. EFFECTIVE DATE. The following, being deemed of 24 immediate importance, takes effect upon enactment: 25 The section of this division of this Act amending 2018 Iowa 26 Acts, Senate File 2117, section 1, paragraphs “p” and “s”. 27 Sec. 42. RETROACTIVE APPLICABILITY. The following applies 28 retroactively to March 28, 2018: 29 The section of this division of this Act amending 2018 Iowa 30 Acts, Senate File 2117, section 1, paragraphs “p” and “s”. 31 Sec. 43. APPLICABILITY. The following apply July 1, 2018, 32 to probate filings made on or after that date: 33 1. The section of this division of this Act amending section 34 633.42. 35 -13- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 13/ 37
2. The section of this division of this Act amending section 1 633.418. 2 DIVISION IV 3 LAND ACQUISITION AND INVENTORY 4 Sec. 44. LAND ACQUISITION AND INVENTORY. 5 1. By December 1, 2018, the department of natural resources 6 shall submit a report to the general assembly including all 7 financial assistance provided to private entities for the 8 acquisition of land and an inventory of all land managed or 9 owned on behalf of the state by the department. 10 2. The portion of the report regarding financial assistance 11 to private entities for land acquisition shall include the 12 name of the private entities, a description of the assistance 13 provided, the price of the tract, the date the assistance 14 was provided, the date of full loan repayment or cessation 15 of the linked deposit account, and the total amount of 16 outstanding loans and linked deposits associated with such land 17 acquisitions. This portion of the report shall also include 18 information regarding the land purchase including the location 19 and description of the land, a description of the conservation 20 benefits of the purchase, the name of the seller, the price 21 paid, and the size of the tract. If the land was later 22 acquired by a governmental entity, the report shall include the 23 name of the governmental entity, the date of the subsequent 24 acquisition, the price paid, and the source of the funds. 25 3. The portion of the report regarding the land inventory 26 shall include a list of all properties owned by the state whose 27 purchase or donation was facilitated by the department and a 28 list of properties which are managed by the department, but 29 not owned by the state. For each owned tract of land, the 30 inventory shall include the location of the tract, the date 31 of acquisition or first management agreement, the name of the 32 seller or donor of the tract, the price paid for state-owned 33 land and the source of the funds; the owner of the tract if not 34 owned by the state, the size of the tract, the present use of 35 -14- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 14/ 37 #1.
the tract including whether the property is open to the public, 1 and the identification of the government entity charged with 2 managing the tract. The inventory shall also identify the 3 location and size of all tracts which were conveyed to cities 4 or counties within the past twenty years after termination of 5 state ownership. 6 4. For the fiscal year beginning July 1, 2018, the 7 environmental protection commission shall not authorize a 8 contract or approve costs related to the purchase of land 9 which obligates moneys from the water pollution control works 10 revolving loan fund for financial assistance to acquire new 11 land under the general nonpoint source program set-aside. 12 DIVISION V 13 IOWA GEOLOGICAL SURVEY 14 Sec. 45. 2018 Iowa Acts, House File 2491, section 21, if 15 enacted, is amended to read as follows: 16 SEC. 53A. STATE UNIVERSITY OF IOWA GEOGRAPHICAL AND WATER 17 GEOLOGICAL SURVEY. There is appropriated from the environment 18 first fund created in section 8.57A to the state university of 19 Iowa for the fiscal year beginning July 1, 2018, and ending 20 June 30, 2019, the following amounts, or so much thereof as is 21 necessary, to be used for the purposes designated: 22 1. OPERATIONS 23 For purposes of supporting the operations of the Iowa 24 geological and water survey of the state as created within the 25 state university of Iowa pursuant to section 456.1 as amended 26 by 2018 Iowa Acts, House File 2303, section 12, including 27 but not limited to providing analysis; data maintenance, 28 collection, and compilation; investigative programs; and 29 information for water supply development and protection: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 31 2. WATER RESOURCE MANAGEMENT 32 For purposes of supporting the Iowa geological and water 33 survey in measuring, assessing, and evaluating the quantity 34 of water sources in this state and assisting the department 35 -15- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 15/ 37
of natural resources in regulating water quantity as provided 1 in chapter 455B, division III, part 4, pursuant to sections 2 455B.262B and 456.14, as enacted by this Act: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 4 DIVISION VI 5 PODIATRY 6 Sec. 46. Section 147.139, subsections 3 and 4, Code 2018, 7 are amended to read as follows: 8 3. If the defendant is board-certified in a specialty, the 9 person is certified in the same or a substantially similar 10 specialty by a board recognized by the American board of 11 medical specialties , or the American osteopathic association , 12 or the council on podiatric medical education . 13 4. a. If the defendant is a licensed physician or 14 osteopathic physician under chapter 148 , the person is a 15 physician or osteopathic physician licensed in this state or 16 another state. 17 b. If the defendant is a licensed podiatric physician under 18 chapter 149, the person is a physician, osteopathic physician, 19 or a podiatric physician licensed in this state or another 20 state. 21 DIVISION VII 22 CATTLE GUARDS 23 Sec. 47. Section 314.30, subsection 1, paragraph c, as 24 enacted by 2018 Iowa Acts, Senate File 449, section 1, is 25 amended to read as follows: 26 c. The landowner owns the property on both sides of the 27 street or highway and owns property on both sides of any access 28 to the street or highway . 29 Sec. 48. 2018 Iowa Acts, Senate File 449, is amended by 30 adding the following new section: 31 NEW SECTION . SEC. 4. INSTALLATION OF CATTLE GUARD —— 32 SUBSEQUENT COUNTY ACTION. Any cattle guard installed pursuant 33 to this Act on or before April 25, 2018, that meets the 34 requirements of this Act at the time of installation shall not 35 -16- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 16/ 37
be ordered uninstalled or found to be noncompliant with this 1 Act as a result of any action taken after April 25, 2018, by 2 the county with jurisdiction over the street or highway on 3 which the cattle guard is installed to alter the area service 4 classification of the street or highway or to otherwise alter 5 the street or highway in such a way that the installation of 6 the cattle guard no longer complies with this Act. 7 Sec. 49. EFFECTIVE DATE. This division of this Act, being 8 deemed of immediate importance, takes effect upon enactment. 9 Sec. 50. RETROACTIVE APPLICABILITY. This division of this 10 Act applies retroactively to April 17, 2018. 11 DIVISION VIII 12 DRAMSHOP 13 Sec. 51. Section 123.92, subsection 1, paragraph a, Code 14 2018, as amended by 2018 Iowa Acts, Senate File 2169, section 15 1, is amended to read as follows: 16 a. Any Subject to the limitation amount specified in 17 paragraph “c” , if applicable, any third party who is not the 18 intoxicated person who caused the injury at issue and who 19 is injured in person or property or means of support by an 20 intoxicated person or resulting from the intoxication of a 21 person, has a right of action for damages actually sustained, 22 severally or jointly , up to the amount specified in paragraph 23 “c” , against any licensee or permittee, whether or not the 24 license or permit was issued by the division or by the 25 licensing authority of any other state, who sold and served any 26 beer, wine, or intoxicating liquor directly to the intoxicated 27 person, provided that the person was visibly intoxicated at the 28 time of the sale or service. 29 Sec. 52. NEW SECTION . 505.33 Dramshop liability insurance 30 evaluation. 31 The division shall biennially conduct an evaluation 32 concerning minimum coverage requirements of dramshop liability 33 insurance. In conducting the evaluation, the division 34 shall include a comparison of other states’ minimum dramshop 35 -17- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 17/ 37
liability insurance coverage and any other relevant issues 1 the division identifies. By January 31, 2019, and every two 2 years thereafter, the division shall submit a report, including 3 any findings and recommendations, to the general assembly as 4 provided in chapter 7A. 5 Sec. 53. REPEAL. 2018 Iowa Acts, Senate File 2169, section 6 2, is repealed. 7 DIVISION IX 8 ALCOHOL 9 Sec. 54. Section 123.30, subsection 3, paragraphs a and 10 b, Code 2018, as amended by 2018 Iowa Acts, Senate File 2310, 11 section 12, are amended to read as follows: 12 a. Class “A”. A class “A” liquor control license may be 13 issued to a club and shall authorize the holder to purchase 14 alcoholic liquors in original unopened containers from class 15 “E” liquor control licensees only, wine from class “A” wine 16 permittees or class “B” wine permittees who also hold class “E” 17 liquor control licenses only as provided in section 123.173 18 and section 123.177 , and to sell alcoholic beverages to bona 19 fide members and their guests by the individual drink for 20 consumption on the premises only. 21 b. Class “B”. A class “B” liquor control license may be 22 issued to a hotel or motel and shall authorize the holder to 23 purchase alcoholic liquors in original unopened containers from 24 class “E” liquor control licensees only, wine from class “A” 25 wine permittees or class “B” wine permittees who also hold 26 class “E” liquor control licenses only as provided in section 27 123.173 and section 123.177 , and to sell alcoholic beverages to 28 patrons by the individual drink for consumption on the premises 29 only. However, beer may also be sold for consumption off the 30 premises. Each license shall be effective throughout the 31 premises described in the application. 32 Sec. 55. Section 123.30, subsection 3, paragraph c, 33 subparagraph (1), Code 2018, as amended by 2018 Iowa Acts, 34 Senate File 2310, section 12, is amended to read as follows: 35 -18- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 18/ 37
(1) A class “C” liquor control license may be issued to 1 a commercial establishment but must be issued in the name of 2 the individuals who actually own the entire business and shall 3 authorize the holder to purchase alcoholic liquors in original 4 unopened containers from class “E” liquor control licensees 5 only, wine from class “A” wine permittees or class “B” wine 6 permittees who also hold class “E” liquor control licenses only 7 as provided in section 123.173 and section 123.177 , and to sell 8 alcoholic beverages to patrons by the individual drink for 9 consumption on the premises only. However, beer may also be 10 sold for consumption off the premises. The holder of a class 11 “C” liquor control license may also hold a special class “A” 12 beer permit for the premises licensed under a class “C” liquor 13 control license for the purpose of operating a brewpub pursuant 14 to this chapter . 15 Sec. 56. Section 123.30, subsection 3, paragraph c, 16 subparagraph (3), Code 2018, is amended to read as follows: 17 (3) A class “C” native distilled spirits liquor control 18 license may be issued to a native distillery but shall be 19 issued in the name of the individuals who actually own the 20 business and shall only be issued to a native distillery 21 which, combining all production facilities of the business, 22 produces and manufactures not more than one hundred thousand 23 proof gallons of distilled spirits on an annual basis. The 24 license shall authorize the holder to sell native distilled 25 spirits manufactured on the premises of the native distillery 26 to patrons by the individual drink for consumption on the 27 premises. All native distilled spirits sold by a native 28 distillery for on-premises consumption shall be purchased 29 from a class “E” liquor control licensee in original unopened 30 containers . 31 Sec. 57. Section 123.30, subsection 3, paragraph d, 32 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 33 Senate File 2310, section 12, is amended to read as follows: 34 (2) A class “D” liquor control licensee who operates a 35 -19- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 19/ 37
train or a watercraft intrastate only, or an excursion gambling 1 boat licensed under chapter 99F , shall purchase alcoholic 2 liquor in original unopened containers from a class “E” liquor 3 control licensee only, wine from a class “A” wine permittee or 4 a class “B” wine permittee who also holds a class “E” liquor 5 control license only as provided in section 123.173 and section 6 123.177 , and beer from a class “A” beer permittee only. 7 Sec. 58. Section 123.30, subsection 3, paragraph e, Code 8 2018, as amended by 2018 Iowa Acts, Senate File 2310, section 9 12, is amended to read as follows: 10 e. Class “E”. 11 (1) A class “E” liquor control license may be issued and 12 shall authorize the holder to purchase alcoholic liquor in 13 original unopened containers from the division only and high 14 alcoholic content beer from a class “A” beer permittee only and 15 to sell the alcoholic liquor in original unopened containers 16 and high alcoholic content beer at retail to patrons for 17 consumption off the licensed premises and at wholesale to other 18 liquor control licensees, provided the holder has filed with 19 the division a basic permit issued by the alcohol and tobacco 20 tax and trade bureau of the United States department of the 21 treasury. A holder of a class “E” liquor control license 22 may hold other retail liquor control licenses or retail wine 23 or beer permits, but the premises licensed under a class “E” 24 liquor control license shall be separate from other licensed 25 premises, though the separate premises may have a common 26 entrance. However, the holder of a class “E” liquor control 27 license may also hold a class “B” wine or class “C” beer permit 28 or both for the premises licensed under a class “E” liquor 29 control license. 30 (2) The division may issue a class “E” liquor control 31 license for premises covered by a liquor control license or 32 wine or beer permit for on-premises consumption , if under any 33 of the following circumstances: 34 (a) If the premises are in a county having a population 35 -20- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 20/ 37
under nine thousand five hundred in which no other class “E” 1 liquor control license has been issued by the division, and no 2 other application for a class “E” liquor control license has 3 been made within the previous twelve consecutive months. 4 (b) If, notwithstanding any provision of this chapter to the 5 contrary, the premises covered by a liquor control license is a 6 grocery store that is at least five thousand square feet. 7 Sec. 59. Section 123.30, subsection 4, Code 2018, is amended 8 to read as follows: 9 4. Notwithstanding any provision of this chapter to the 10 contrary, a person holding a liquor control license to sell 11 alcoholic beverages for consumption on the licensed premises 12 may permit a customer to remove one unsealed bottle of wine 13 for consumption off the premises if the customer has purchased 14 and consumed a portion of the bottle of wine on the licensed 15 premises. The licensee or the licensee’s agent shall securely 16 reseal such bottle in a bag designed so that it is visibly 17 apparent that the resealed bottle of wine has not been tampered 18 with and provide a dated receipt for the resealed bottle of 19 wine to the customer. A wine bottle resealed pursuant to the 20 requirements of this subsection is subject to the requirements 21 of sections 321.284 and 321.284A . A person holding a liquor 22 control license to sell alcoholic beverages for consumption on 23 the licensed premises may permit a customer to carry an open 24 container of wine from their licensed premises into another 25 immediately adjacent licensed premises, temporary closed public 26 right-of-way, or private property. 27 Sec. 60. Section 123.30, Code 2018, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 5. Notwithstanding any provision of this 30 chapter to the contrary, a person holding a liquor control 31 license to sell alcoholic beverages for consumption on the 32 licensed premises may permit a customer to carry an open 33 container of alcoholic liquor from their licensed premises 34 to another immediately adjacent licensed premises, temporary 35 -21- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 21/ 37
closed public right-of-way, or private property. 1 Sec. 61. Section 123.131, subsection 2, unnumbered 2 paragraph 1, Code 2018, is amended to read as follows: 3 Subject to the rules of the division, sales of beer for 4 consumption off the premises made pursuant to this section 5 may be made in a container other than the original container 6 only if the container is carried into an immediately adjacent 7 licensed or permitted premises, temporary closed public 8 right-of-way, or private property, or if all of the following 9 requirements are met: 10 DIVISION X 11 SEXUALLY VIOLENT PREDATORS 12 Sec. 62. Section 229A.8, subsection 5, paragraph e, 13 subparagraph (2), Code 2018, is amended to read as follows: 14 (2) (a) If the committed person shows by a preponderance 15 of the evidence that a final hearing should be held on either 16 determination under subparagraph (1), subparagraph division (a) 17 or (b), or both, the court shall set a final hearing within 18 sixty days of the determination that a final hearing be held. 19 (b) The committed person may waive the sixty-day final 20 hearing requirement under subparagraph subdivision (a); 21 however, the committed person or the attorney for the committed 22 person may reassert a demand that the final hearing be held 23 within sixty days from the date of filing the demand with the 24 clerk of court. 25 (c) The final hearing may be continued upon request of 26 either party and a showing of good cause, or by the court 27 on its own motion in the due administration of justice, and 28 if the committed person is not substantially prejudiced. In 29 determining what constitutes good cause, the court shall 30 consider the length of the pretrial detention of the committed 31 person. 32 Sec. 63. Section 229A.15, Code 2018, is amended to read as 33 follows: 34 229A.15 Court records —— sealed and opened by court order. 35 -22- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 22/ 37
1. Any Except as otherwise provided in this section, any 1 psychological reports, drug and alcohol reports, treatment 2 records, reports of any diagnostic center, medical records, or 3 victim impact statements which have been submitted to the court 4 or admitted into evidence under this chapter shall be part of 5 the record but shall be sealed and opened only on order of the 6 court. 7 2. The documents described in subsection 1 shall be 8 available to the prosecuting attorney or attorney general, the 9 committed person, and the attorney for the committed person 10 without an order of the court. 11 DIVISION XI 12 EARNED TIME 13 Sec. 64. Section 903A.2, subsection 1, paragraph a, 14 subparagraph (2), Code 2018, is amended to read as follows: 15 (2) However, an inmate required to participate in a sex 16 offender treatment program shall not be eligible for a any 17 reduction of sentence unless until the inmate participates in 18 and completes a sex offender treatment program established by 19 the director. 20 Sec. 65. Section 903A.2, subsection 1, paragraph b, 21 subparagraph (2), Code 2018, is amended to read as follows: 22 (2) An inmate required to participate in a domestic abuse 23 treatment program shall not be eligible for a any reduction of 24 sentence unless until the inmate participates in and completes 25 a domestic abuse treatment program established by the director. 26 Sec. 66. Section 903A.3, subsection 1, Code 2018, is amended 27 to read as follows: 28 1. Upon finding that an inmate has violated an institutional 29 rule, has failed to complete a sex offender or domestic abuse 30 treatment program as specified in section 903A.2, or has 31 had an action or appeal dismissed under section 610A.2 , the 32 independent administrative law judge may order forfeiture of 33 any or all earned time accrued and not forfeited up to the 34 date of the violation by the inmate and may order forfeiture 35 -23- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 23/ 37
of any or all earned time accrued and not forfeited up to 1 the date the action or appeal is dismissed, unless the court 2 entered such an order under section 610A.3 . The independent 3 administrative law judge has discretion within the guidelines 4 established pursuant to section 903A.4 , to determine the amount 5 of time that should be forfeited based upon the severity of the 6 violation. Prior violations by the inmate may be considered by 7 the administrative law judge in the decision. 8 DIVISION XII 9 MULTIPLE EMPLOYER WELFARE ARRANGEMENTS 10 Sec. 67. Section 507A.4, subsection 9, paragraph c, 11 unnumbered paragraph 1, Code 2018, is amended to read as 12 follows: 13 A multiple employer welfare arrangement that is recognized 14 as tax-exempt under Internal Revenue Code section 501(c)(9) 15 that meets all of the conditions of paragraph “a” shall not be 16 considered any of the following: 17 Sec. 68. Section 513D.1, as enacted by 2018 Iowa Acts, 18 Senate File 2349, section 5, is amended to read as follows: 19 513D.1 Association health plans. 20 The commissioner shall adopt rules that allow for the 21 creation of association health plans that are consistent with 22 the United States department of labor’s regulations in 29 23 C.F.R. pt. 2510. A multiple employer welfare arrangement that 24 is recognized as tax-exempt under Internal Revenue Code section 25 501(c)(9) and that is registered with the commissioner prior 26 to January 1, 2018, shall not be considered an association 27 health plan unless the multiple employer welfare arrangement 28 affirmatively elects to be treated as an association health 29 plan. 30 Sec. 69. REPEAL. 2018 Iowa Acts, Senate File 2349, section 31 7, is repealed. 32 DIVISION XIII 33 SELF-PROMOTION —— PUBLIC FUNDS 34 Sec. 70. NEW SECTION . 68A.405A Self-promotion with taxpayer 35 -24- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 24/ 37
funds prohibited. 1 1. a. Except as provided in sections 29C.3 and 29C.6, a 2 statewide elected official or member of the general assembly 3 shall not permit the expenditure of public moneys under the 4 control of the statewide elected official or member of the 5 general assembly, including but not limited to moneys held in a 6 private trust fund as defined by section 8.2, for the purpose 7 of any paid advertisement or promotion bearing the written 8 name, likeness, or voice of the statewide elected official or 9 member of the general assembly distributed through any of the 10 following means: 11 (1) A paid direct mass mailing. 12 (2) A paid radio advertisement or promotion. 13 (3) A paid newspaper advertisement or promotion. 14 (4) A paid television advertisement or promotion. 15 (5) A paid internet advertisement or promotion. 16 (6) A paid exhibit display at the Iowa state fair or a 17 fairground or grounds as defined in section 174.1. 18 b. Except as otherwise provided by law, paragraph “a” 19 shall not apply to bona fide ministerial or ceremonial records 20 or ordinary, common, and frequent constituent correspondence 21 containing the name of the statewide elected official or member 22 of the general assembly. 23 2. A person who willfully violates this section shall be 24 subject to a civil penalty of an amount up to the amount of 25 moneys withdrawn from a public account or private trust fund 26 as defined in section 8.2 used to fund the communication found 27 to be in violation of this section by the board or, for members 28 of the general assembly, by an appropriate legislative ethics 29 committee. A penalty imposed pursuant to this section shall 30 be paid by the candidate’s committee. Such penalty shall be 31 determined and assessed by the board or, for a member of the 32 general assembly, the appropriate legislative ethics committee, 33 and paid into the account from which such moneys were 34 withdrawn. Additional criminal or civil penalties available 35 -25- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 25/ 37
under section 68A.701 or established by the board pursuant to 1 section 68B.32A may also be determined and assessed by the 2 board for violations of this section. Nothing in this section 3 shall prevent the imposition of any penalty or sanction for a 4 violation of this section by a legislative ethics committee. 5 DIVISION XIV 6 LEASE-PURCHASE CONTRACTS 7 Sec. 71. 2018 Iowa Acts, House File 2253, section 13, is 8 amended to read as follows: 9 SEC. 13. APPLICABILITY. This Act applies to lease-purchase 10 contracts entered into on or after the effective date of this 11 Act. This Act does not apply to any lease-purchase contract 12 that results from a request for proposals or request for 13 qualifications issued by a city with a population of less 14 than 21,000 according to the 2016 special census prior to the 15 effective date of this Act. 16 Sec. 72. RETROACTIVE APPLICABILITY. The following applies 17 retroactively to April 4, 2018: 18 The section of this division of this Act amending 2018 Iowa 19 Acts, House File 2253, section 13. 20 DIVISION XV 21 CONSTRUCTION VEHICLES 22 Sec. 73. Section 321.463, subsection 9, Code 2018, is 23 amended to read as follows: 24 9. A vehicle or combination of vehicles transporting 25 materials or equipment on nonprimary highways to or from a 26 construction project or commercial plant site may operate 27 under the maximum gross weight table for primary highways in 28 subsection 6 , paragraph “a” , if the route is approved by the 29 appropriate local authority. Route approval is not required if 30 the vehicle or combination of vehicles transporting materials 31 or equipment to or from a construction project or commercial 32 plant site complies with or the maximum gross weight table for 33 noninterstate highways in subsection 6 , paragraph “c” . When 34 crossing a bridge, such a vehicle or combination of vehicles 35 -26- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 26/ 37
shall comply with any weight restriction imposed for the 1 bridge pursuant to section 321.471 or 321.474, provided signs 2 that conform to the manual of uniform traffic-control devices 3 adopted by the department that give notice of the restriction 4 are posted as required under section 321.472 or 321.474, as 5 applicable. 6 DIVISION XVI 7 LOCAL ORDINANCES 8 Sec. 74. Section 331.301, subsection 6, paragraph c, 9 subparagraph (1), unnumbered paragraph 1, Code 2018, is amended 10 to read as follows: 11 A county shall not adopt an ordinance, motion, resolution, 12 or amendment that sets standards or requirements regarding the 13 sale or marketing of consumer merchandise that are different 14 from, or in addition to, any requirement established by state 15 law. For purposes of this paragraph: 16 Sec. 75. Section 364.3, subsection 3, paragraph c, 17 subparagraph (1), unnumbered paragraph 1, Code 2018, is amended 18 to read as follows: 19 A city shall not adopt an ordinance, motion, resolution, or 20 amendment that sets standards or requirements regarding the 21 sale or marketing of consumer merchandise that are different 22 from, or in addition to, any requirement established by state 23 law. For purposes of this paragraph: 24 DIVISION XVII 25 HEALTH CARE COVERAGE —— SURVIVING SPOUSE AND CHILDREN 26 Sec. 76. NEW SECTION . 509A.13C Health care coverage for 27 surviving spouse and children of fire fighters and peace officers 28 killed in the line of duty. 29 1. For the purposes of this section, “eligible peace officer 30 or fire fighter” means a peace officer as defined in section 31 801.4, or a fire fighter, to which a line of duty death benefit 32 is payable pursuant to section 97A.6, subsection 16, section 33 97B.52, subsection 2, or section 411.6, subsection 15. 34 2. a. If a governing body, a county board of supervisors, 35 -27- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 27/ 37
or a city council has procured accident or health care coverage 1 for its employees under this chapter, such coverage shall 2 permit continuation of existing coverage or reenrollment in 3 previously existing coverage for the surviving spouse and each 4 surviving child of an eligible peace officer or fire fighter. 5 b. A governing body, a county board of supervisors, or 6 a city council shall also permit continuation of existing 7 coverage for the surviving spouse and each surviving child 8 of a peace officer as defined in section 801.4, or a fire 9 fighter who dies and to which a line of duty death benefit is 10 reasonably expected to be payable pursuant to section 97A.6, 11 subsection 16, section 97B.52, subsection 2, or section 411.6, 12 subsection 15, until such time as the determination of whether 13 to provide a line of duty death benefit is made. 14 3. A governing body, a county board of supervisors, or 15 a city council providing accident or health care coverage 16 under this section shall not be required to pay for the cost 17 of the coverage. However, a governing body, a county board 18 of supervisors, or a city council may pay the full cost or a 19 portion of the cost of the coverage. If the full cost of the 20 coverage is not paid, a surviving spouse and each surviving 21 child eligible for coverage under this section may elect to 22 continue accident or health care coverage by paying that 23 portion of the cost of the coverage not paid by the governing 24 body, county board of supervisors, or city council. 25 4. A governing body, a county board of supervisors, or a 26 city council shall notify the provider of accident or health 27 care coverage for its employees of a surviving spouse and 28 each surviving child to be provided coverage pursuant to the 29 requirements of this section. 30 5. This section shall not require continuation of coverage 31 if the surviving spouse or surviving child who would otherwise 32 be entitled to continuation of coverage under this section was, 33 through the surviving spouse’s or surviving child’s actions, a 34 substantial contributing factor to the death of the eligible 35 -28- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 28/ 37
peace officer or fire fighter. 1 Sec. 77. APPLICABILITY —— HEALTH CARE COVERAGE FOR PRIOR 2 DEATHS. The surviving spouse and each surviving child of a 3 peace officer as defined in section 801.4, or a fire fighter 4 who died on or after January 1, 1985, but before July 1, 2000, 5 to which the requirements for providing a line of duty death 6 pursuant to section 97A.6, subsection 16, section 97B.52, 7 subsection 2, or section 411.6, subsection 15, would otherwise 8 have been established, and the surviving spouse and each 9 surviving child of an eligible peace officer or fire fighter 10 as defined in section 509A.13C, as enacted in this Act, may 11 be entitled to coverage as provided in section 509A.13C upon 12 written notification of the applicable governing body, county 13 board of supervisors, or city council. Coverage provided under 14 section 509A.13C pursuant to this section shall be for claims 15 for services incurred on or after the date of reenrollment. 16 Sec. 78. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 Sec. 79. RETROACTIVE APPLICABILITY. This division of this 19 Act applies retroactively to a death occurring on or after 20 January 1, 1985. 21 DIVISION XVIII 22 SCHOLARSHIPS FOR SURVIVING CHILDREN OF CERTAIN PERSONS KILLED 23 IN THE LINE OF DUTY 24 Sec. 80. Section 261.87, subsection 1, Code 2018, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . 0d. “Eligible surviving-child student” means 27 a qualified student who is under the age of twenty-six, or 28 under the age of thirty if the student is a veteran who is 29 eligible for benefits, or has exhausted the benefits, under the 30 federal Post-9/11 Veterans Educational Assistance Act of 2008; 31 who is not a convicted felon as defined in section 910.15; and 32 who meets any of the following criteria: 33 (1) Is the child of a peace officer, as defined in section 34 97A.1, who was killed in the line of duty as determined by 35 -29- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 29/ 37
the board of trustees of the Iowa department of public safety 1 peace officers’ retirement, accident, and disability system in 2 accordance with section 97A.6, subsection 16. 3 (2) Is the child of a police officer or a fire fighter, as 4 each is defined in section 411.1, who was killed in the line of 5 duty as determined by the statewide fire and police retirement 6 system in accordance with section 411.6, subsection 15. 7 (3) Is the child of a sheriff or deputy sheriff as each is 8 defined in section 97B.49C, who was killed in the line of duty 9 as determined by the Iowa public employees’ retirement system 10 in accordance with section 97B.52, subsection 2. 11 (4) Is the child of a fire fighter or police officer 12 included under section 97B.49B, who was killed in the line of 13 duty as determined by the Iowa public employees’ retirement 14 system in accordance with section 97B.52, subsection 2. 15 Sec. 81. Section 261.87, subsection 3, Code 2018, is amended 16 to read as follows: 17 3. Priority for scholarship awards. Priority for 18 scholarships under this section shall be given to eligible 19 foster care students , then to eligible surviving-child 20 students, who meet the eligibility criteria under subsection 21 2 . Following distribution to students who meet the eligibility 22 criteria under subsection 2 , the commission may establish 23 priority for awarding scholarships using any moneys that remain 24 in the all Iowa opportunity scholarship fund. 25 DIVISION XIX 26 CREDIT UNIONS 27 Sec. 82. Section 533.212, Code 2018, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 4. A credit union organized in accordance 30 with this chapter shall not include the name of any public 31 university located in the state in its name. For purposes of 32 this subsection, public university located in the state” shall 33 mean the state university of Iowa, the Iowa state university of 34 science and technology, and the university of northern Iowa. 35 -30- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 30/ 37
Sec. 83. Section 533.329, subsection 2, paragraph b, Code 1 2018, is amended to read as follows: 2 b. The amount collected in each taxing district within 3 a city The moneys and credits tax shall be collected by the 4 department of revenue and shall be apportioned twenty percent 5 to the county, thirty percent to the city general fund, and 6 fifty percent to the general fund of the state, and the amount 7 collected in each taxing district outside of cities shall be 8 apportioned fifty percent to the county and fifty percent to 9 the general fund of the state. 10 Sec. 84. Section 533.329, subsection 2, paragraph c, Code 11 2018, is amended by striking the paragraph. 12 Sec. 85. Section 533.329, Code 2018, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 3. The department of revenue shall 15 administer and enforce the provisions of this section. 16 Sec. 86. EFFECTIVE DATE. The following takes effect April 17 30, 2019: 18 The section of this division of this Act amending section 19 533.212. 20 DIVISION XX 21 MILITARY INSTALLATION —— SCHOOL ENROLLMENT 22 Sec. 87. Section 257.6, subsection 1, paragraph a, Code 23 2018, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (8) Pupils who are enrolled in public 25 schools within the district under section 282.1, subsection 26 3, in grades kindergarten through twelve and including 27 prekindergarten pupils enrolled in special education programs. 28 Sec. 88. Section 282.1, subsection 2, Code 2018, is amended 29 to read as follows: 30 2. For purposes of this section , “resident” means a child 31 who is meets either of the following requirements: 32 a. Is physically present in a district, whose residence has 33 not been established in another district by operation of law, 34 and who meets any of the following conditions: 35 -31- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 31/ 37
a. (1) Is in the district for the purpose of making a home 1 and not solely for school purposes. 2 b. (2) Meets the definitional requirements of the term 3 “homeless individual” under 42 U.S.C. §11302(a) and (c). 4 c. (3) Lives in a juvenile detention center or residential 5 facility in the district. 6 b. Is domiciled with the child’s parent or guardian who is 7 on active duty in the military service of the United States and 8 is stationed at and resides or is domiciled within a federal 9 military installation located contiguous to a county in this 10 state. 11 Sec. 89. Section 282.1, Code 2018, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 3. The parent or guardian of a child 14 who meets the requirements of subsection 2, paragraph “b” , 15 paragraph may enroll the child in a school district in a county 16 in this state that is located contiguous to the out-of-state 17 federal military installation. Notwithstanding section 285.1 18 relating to transportation of resident pupils, the parent or 19 guardian is responsible for transporting the child without 20 reimbursement to and from a point on a regular school bus route 21 of the district of enrollment. 22 NEW SUBSECTION . 4. Notwithstanding section 282.6, if a 23 parent or guardian enrolls a child in a school district in 24 accordance with subsection 3, the school district shall be free 25 of tuition for such child. 26 DIVISION XXI 27 CRIMINALISTICS LABORATORY FUND 28 Sec. 90. Section 691.9, Code 2018, is amended to read as 29 follows: 30 691.9 Criminalistics laboratory fund. 31 A criminalistics laboratory fund is created as a separate 32 fund in the state treasury under the control of the department 33 of public safety. The fund shall consist of appropriations 34 made to the fund and transfers of interest, and earnings. All 35 -32- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 32/ 37
moneys in the fund are appropriated to the department of public 1 safety for use by the department in criminalistics laboratory 2 equipment and supply purchasing, maintenance, depreciation, and 3 training. Any balance in the fund on June 30 of any fiscal 4 year shall not revert to any other fund of the state but shall 5 remain available for the purposes described in this section . 6 DIVISION XXII 7 IOWA ENERGY CENTER 8 Sec. 91. Section 476.10A, subsection 1, paragraph c, 9 subparagraph (1), Code 2018, is amended to read as follows: 10 (1) Eighty-five Of eighty-five percent of the remittances 11 collected pursuant to this section is , the following shall 12 occur: 13 (a) For the fiscal year beginning July 1, 2018, such 14 remittances are appropriated to the Iowa energy center created 15 in section 15.120 . 16 (b) For the fiscal year beginning July 1, 2019, the first 17 one million two hundred eighty-thousand dollars of such 18 remittances shall be transferred to the general fund of the 19 state, and the remaining amount is appropriated to the Iowa 20 energy center created in section 15.120. 21 (c) For the fiscal year beginning July 1, 2020, the 22 first two million nine hundred ten thousand dollars of such 23 remittances shall be transferred to the general fund of the 24 state, and the remaining amount is appropriated to the Iowa 25 energy center created in section 15.120. 26 (d) For the fiscal year beginning July 1, 2021, the first 27 three million five hundred thirty thousand dollars of such 28 remittances shall be transferred to the general fund of the 29 state, and the remaining amount is appropriated to the Iowa 30 energy center created in section 15.120. 31 DIVISION XXIII 32 TRIBAL IDENTIFICATION CARD 33 Sec. 92. Section 48A.7A, subsection 1, paragraph b, 34 subparagraph (1), Code 2018, is amended by adding the following 35 -33- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 33/ 37
new subparagraph division: 1 NEW SUBPARAGRAPH DIVISION . (f) A tribal identification 2 card or other tribal enrollment document issued by a federally 3 recognized Indian tribe or nation, if the tribal identification 4 card or other tribal enrollment document is signed before the 5 card or document is presented to the election official. 6 Sec. 93. Section 49.78, subsection 2, paragraph a, Code 7 2018, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (5) A current, valid tribal 9 identification card or other tribal enrollment document 10 issued by a federally recognized Indian tribe or nation, which 11 includes a photograph, signature, and valid expiration date. 12 DIVISION XXIV 13 WIND ENERGY CONVERSION PROPERTY 14 Sec. 94. Section 441.21, subsection 5, Code 2018, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . d. For valuations established for the 17 assessment year beginning January 1, 2019, and each assessment 18 year thereafter, the percentages of actual value at which 19 property is assessed, as determined under this subsection, 20 shall not be applied to the value of wind energy conversion 21 property valued under section 427B.26 the construction of which 22 is approved by the Iowa utilities board on or after July 1, 23 2018. 24 DIVISION XXV 25 REVOCATION OF DRIVER’S LICENSE FOR DRUG-RELATED CONVICTIONS 26 Sec. 95. Section 124.412, Code 2018, is amended to read as 27 follows: 28 124.412 Notice of conviction. 29 If a person enters a plea of guilty to, or forfeits bail 30 or collateral deposited to secure the person’s appearance in 31 court, and such forfeiture is not vacated, or if a person 32 is found guilty upon an indictment or information alleging a 33 violation of this chapter , a copy of the minutes attached to 34 the indictment returned by the grand jury, or to the county 35 -34- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 34/ 37
attorney’s information, a copy of the judgment and sentence, 1 and a copy of the opinion of the judge if one is filed, shall 2 be sent by the clerk of the district court or the judge to 3 the state department of transportation and to any state board 4 or officer by whom the convicted person has been licensed or 5 registered to practice the person’s profession or carry on 6 the person’s business. On the conviction of a person, the 7 court may suspend or revoke the license or registration of the 8 convicted defendant to practice the defendant’s profession 9 or carry on the defendant’s business. On the application of 10 a person whose license or registration has been suspended or 11 revoked, and upon proper showing and for good cause, the board 12 or officer may reinstate the license or registration. 13 Sec. 96. Section 321.212, subsection 1, paragraph d, Code 14 2018, is amended by striking the paragraph. 15 Sec. 97. Section 321.215, subsection 1, paragraph b, Code 16 2018, is amended to read as follows: 17 b. However, a temporary restricted license shall not be 18 issued to a person whose license is revoked pursuant to a court 19 order issued under section 901.5, subsection 10 , or under 20 section 321.209, subsections 1 through 5 or subsection 7 ; to a 21 juvenile whose license has been suspended or revoked pursuant 22 to a dispositional order under section 232.52, subsection 23 2 , paragraph “a” , for a violation of chapter 124 or 453B or 24 section 126.3 ; to a juvenile whose license has been suspended 25 under section 321.213B ; or to a person whose license has been 26 suspended pursuant to a court order under section 714.7D . A 27 temporary restricted license may be issued to a person whose 28 license is revoked under section 321.209, subsection 6 , only 29 if the person has no previous drag racing convictions. A 30 person holding a temporary restricted license issued by the 31 department under this section shall not operate a motor vehicle 32 for pleasure. 33 Sec. 98. Section 321.215, subsection 2, unnumbered 34 paragraph 1, Code 2018, is amended to read as follows: 35 -35- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 35/ 37
Upon conviction and the suspension or revocation of a 1 person’s noncommercial driver’s license under section 321.209, 2 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; 3 or upon revocation pursuant to a court order issued under 4 section 901.5, subsection 10 ; or upon the denial of issuance 5 of a noncommercial driver’s license under section 321.560 , 6 based solely on offenses enumerated in section 321.555, 7 subsection 1 , paragraph “c” , or section 321.555, subsection 8 2 ; or upon suspension or revocation of a juvenile’s driver’s 9 license pursuant to a dispositional order under section 232.52, 10 subsection 2 , paragraph “a” , for a violation of chapter 124 11 or 453B , or section 126.3 ; or upon suspension of a driver’s 12 license pursuant to a court order under section 714.7D , the 13 person may apply to the department for a temporary restricted 14 license to operate a motor vehicle for the limited purpose or 15 purposes specified in subsection 1 . The application may be 16 granted only if all of the following criteria are satisfied: 17 Sec. 99. Section 321.215, subsection 2, paragraph c, Code 18 2018, is amended to read as follows: 19 c. Proof of financial responsibility is established as 20 defined in chapter 321A . However, such proof is not required 21 if the driver’s license was suspended under section 321.210A 22 or 321.513 or revoked pursuant to a court order issued under 23 section 901.5, subsection 10 . 24 Sec. 100. Section 321.218, subsection 1, Code 2018, is 25 amended to read as follows: 26 1. A person whose driver’s license or operating privilege 27 has been denied, canceled, suspended, or revoked as provided 28 in this chapter or as provided in section 252J.8 or section 29 901.5, subsection 10 , and who operates a motor vehicle upon 30 the highways of this state while the license or privilege 31 is denied, canceled, suspended, or revoked, commits a 32 simple misdemeanor. In addition to any other penalties, the 33 punishment imposed for a violation of this subsection shall 34 include assessment of a fine of not less than two hundred fifty 35 -36- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 36/ 37
dollars nor more than one thousand five hundred dollars. 1 Sec. 101. Section 321A.17, subsection 4, Code 2018, is 2 amended to read as follows: 3 4. An individual applying for a driver’s license following a 4 period of suspension or revocation pursuant to a dispositional 5 order issued under section 232.52, subsection 2 , paragraph 6 “a” , or under section 321.180B , section 321.210, subsection 7 1 , paragraph “a” , subparagraph (4), or section 321.210A , 8 321.213A , 321.213B , 321.216B , or 321.513 , following a period 9 of suspension or revocation under section 321.178 or 321.194 , 10 or following a period of revocation pursuant to a court order 11 issued under section 901.5, subsection 10 , or under section 12 321J.2A , is not required to maintain proof of financial 13 responsibility under this section . 14 Sec. 102. Section 901.5, subsection 10, Code 2018, is 15 amended by striking the subsection. 16 Sec. 103. REINSTATEMENT OF DRIVER’S LICENSE. A defendant’s 17 driver’s license suspended or revoked pursuant to section 18 901.5, subsection 10, prior to the effective date of this 19 division of this Act, shall be reinstated, if the defendant is 20 otherwise eligible for a driver’s license. 21 Sec. 104. CONTINGENT EFFECTIVE DATE. This division of this 22 Act takes effect on the date the governor submits to the United 23 States secretary of transportation a written certification 24 that the governor is opposed to the enforcement in this state 25 of a law described in 23 U.S.C. §159(a)(3)(A) and a written 26 certification that the general assembly has adopted a joint 27 resolution expressing its opposition to the same, in accordance 28 with 23 U.S.C. §159(a)(3)(B). The office of the governor shall 29 notify the Code editor upon submission of the certifications 30 described in this section. > 31 ______________________________ MICHAEL BREITBACH -37- SF2419.5822 (3) 87 (amending this SF 2419 to CONFORM to HF 2502) tm/rn 37/ 37