Senate File 638 H-1326 Amend the amendment, H-1325, to Senate File 638, as amended, 1 passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 1, through page 19, line 19, and 3 inserting: 4 < Amend Senate File 638, as amended, passed, and reprinted by 5 the Senate, as follows: 6 1. By striking everything after the enacting clause and 7 inserting: 8 < DIVISION I 9 STANDING APPROPRIATIONS AND RELATED MATTERS 10 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 11 2019-2020. Notwithstanding the standing appropriation in the 12 following designated section for the fiscal year beginning July 13 1, 2019, and ending June 30, 2020, the amount appropriated from 14 the general fund of the state pursuant to that section for the 15 following designated purpose shall not exceed the following 16 amount: 17 For payment of claims for nonpublic school transportation 18 under section 285.2: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 20 If total approved claims for reimbursement for nonpublic 21 school pupil transportation exceed the amount appropriated in 22 accordance with this section, the department of education shall 23 prorate the amount of each approved claim. 24 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID —— FY 2019-2020. In 25 lieu of the appropriation provided in section 257.20, 26 subsection 2, the appropriation for the fiscal year 27 beginning July 1, 2019, and ending June 30, 2020, for paying 28 instructional support state aid under section 257.20 for such 29 fiscal year is zero. 30 Sec. 3. Section 257.35, Code 2019, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 13A. Notwithstanding subsection 1, and in 33 addition to the reduction applicable pursuant to subsection 34 2, the state aid for area education agencies and the portion 35 -1- SF638.2543 (5) 88 tm/ns 1/ 19 #1.
of the combined district cost calculated for these agencies 1 for the fiscal year beginning July 1, 2019, and ending June 2 30, 2020, shall be reduced by the department of management by 3 fifteen million dollars. The reduction for each area education 4 agency shall be prorated based on the reduction that the agency 5 received in the fiscal year beginning July 1, 2003. 6 Sec. 4. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— 7 UNAPPROPRIATED MONEYS —— FY 2019-2020 —— FY 2020-2021. For the 8 fiscal year beginning July 1, 2019, and ending June 30, 2020, 9 and for the fiscal year beginning July 1, 2020, and ending June 10 30, 2021, salary adjustments otherwise provided may be funded 11 as determined by the department of management, subject to any 12 applicable constitutional limitation, using unappropriated 13 moneys remaining in the department of commerce revolving 14 fund, the gaming enforcement revolving fund, the gaming 15 regulatory revolving fund, the primary road fund, the road 16 use tax fund, the fish and game protection fund, and the Iowa 17 public employees’ retirement fund, and in other departmental 18 revolving, trust, or special funds for which the general 19 assembly has not made an operating budget appropriation. 20 DIVISION II 21 MISCELLANEOUS APPROPRIATIONS 22 Sec. 5. DEPARTMENT OF PUBLIC SAFETY. 23 1. There is appropriated from the general fund of the 24 state to the department of public safety for the fiscal year 25 beginning July 1, 2019, and ending June 30, 2020, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 For costs associated with the training and equipment needs 29 of volunteer fire fighters: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 31 2. Notwithstanding section 8.33, moneys appropriated in 32 this section that remain unencumbered or unobligated at the 33 close of the fiscal year shall not revert but shall remain 34 available for expenditure only for the purpose designated in 35 -2- SF638.2543 (5) 88 tm/ns 2/ 19
this section until the close of the succeeding fiscal year. 1 3. Notwithstanding section 8.39, the department of public 2 safety may reallocate moneys appropriated in this section 3 and moneys appropriated in 2019 Iowa Acts, Senate File 615, 4 section 15, if enacted, as necessary to best fulfill the needs 5 provided for in the appropriation. However, the department 6 shall not reallocate moneys appropriated to the department 7 in this section and moneys appropriated in 2019 Iowa Acts, 8 Senate File 615, section 15, if enacted, unless notice of the 9 reallocation is given to the legislative services agency and 10 the department of management prior to the effective date of the 11 reallocation. The notice shall include information regarding 12 the rationale for reallocating the moneys. The department 13 shall not reallocate moneys appropriated in this section and 14 moneys appropriated in 2019 Iowa Acts, Senate File 615, section 15 15, if enacted, for the purpose of eliminating any program. 16 DIVISION III 17 MISCELLANEOUS PROVISIONS 18 Sec. 6. Section 2C.18, Code 2019, is amended to read as 19 follows: 20 2C.18 Report to general assembly. 21 The ombudsman shall by April 1 December 31 of each year 22 submit an economically designed and reproduced report to the 23 general assembly and to the governor concerning the exercise of 24 the ombudsman’s functions during the preceding calendar fiscal 25 year. In discussing matters with which the ombudsman has been 26 concerned, the ombudsman shall not identify specific persons 27 if to do so would cause needless hardship. If the annual 28 report criticizes a named agency or official, it shall also 29 include unedited replies made by the agency or official to the 30 criticism, unless excused by the agency or official affected. 31 Sec. 7. Section 558.69, Code 2019, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 9. Notwithstanding section 331.604 or any 34 other provision of law to the contrary, the county recorder 35 -3- SF638.2543 (5) 88 tm/ns 3/ 19
shall not charge or collect a fee for the submission or filing 1 of a groundwater hazard statement. 2 DIVISION IV 3 CORRECTIVE PROVISIONS 4 Sec. 8. Section 29C.20C, if enacted by 2019 Iowa Acts, 5 Senate File 570, section 1, is amended to read as follows: 6 29C.20C Immunity —— licensed architects and professional 7 engineers. 8 An architect licensed pursuant to chapter 544A or a 9 professional engineer licensed pursuant to chapter 542B who, 10 during a disaster emergency as proclaimed by the governor or 11 a major disaster as declared by the president of the United 12 States, in good faith and at the request of or with the 13 approval of a national, state, or local public official, law 14 enforcement official, public safety official, or building 15 inspection official believed by the licensed architect or 16 professional engineer to be acting in an official capacity, 17 voluntarily and without compensation provides architectural, 18 engineering, structural, electrical, mechanical, or other 19 design professional services related to the disaster emergency 20 or major disaster shall not be liable for civil damages for any 21 acts or omissions resulting from the services provided, unless 22 such acts or omissions constitute recklessness or willful 23 and wanton misconduct. A licensed architect or professional 24 engineer who receives expense reimbursement for the performance 25 of services described in this section shall not be considered 26 to have received compensation for such services. 27 Sec. 9. Section 216A.133, subsection 3, paragraph l, if 28 enacted by 2019 Iowa Acts, House File 634, section 5, is 29 amended to read as follows: 30 l. Recommending to the board department the adoption of 31 rules pursuant to chapter 17A as it deems necessary for the 32 board and division. 33 Sec. 10. Section 225C.51, subsection 1, paragraph a, if 34 enacted by 2019 Iowa Acts, House File 690, section 8, is 35 -4- SF638.2543 (5) 88 tm/ns 4/ 19
amended to read as follows: 1 a. The director of the department of human services or the 2 director’s designee. 3 Sec. 11. Section 225C.51, subsection 3, if enacted by 2019 4 Iowa Acts, House File 690, section 8, is amended to read as 5 follows: 6 3. The director of the department of human services and the 7 director of the department of education, or their designees, 8 shall serve as co-chairpersons of the state board. Board 9 members shall not be entitled to a per diem as specified in 10 section 7E.6 and shall not be entitled to actual and necessary 11 expenses incurred while engaged in their official duties. 12 Sec. 12. Section 261H.3, subsections 1 and 2, as enacted by 13 2019 Iowa Acts, Senate File 274, section 3, are amended to read 14 as follows: 15 1. Noncommercial expressive activities protected under the 16 provisions of this chapter include but are not limited to any 17 lawful oral or written means by which members of the campus 18 community may communicate ideas to one another, including 19 but not limited to all forms of peaceful assembly, protests, 20 speeches including by invited speakers, distribution of 21 literature, circulating petitions, and publishing, including 22 publishing or streaming on an internet site, or audio or video 23 recorded in outdoor areas of campus. 24 2. A member of the campus community who wishes to engage in 25 noncommercial expressive activity in outdoor areas of campus 26 shall be permitted to do so freely, subject to reasonable 27 time, place, and manner restrictions, and as long as the 28 member’s conduct is not unlawful, does not impede others’ 29 access to a facility or use of walkways, and does not disrupt 30 the functioning of the public institution of higher education, 31 subject to the protections of subsection 1. The public 32 institution of higher education may designate other areas of 33 campus available for use by the campus community according to 34 institutional policy, but in all cases access to designated 35 -5- SF638.2543 (5) 88 tm/ns 5/ 19
areas of campus must be granted on a viewpoint-neutral basis 1 within the bounds of established principles of the first 2 amendment principles to the Constitution of the United States . 3 Sec. 13. Section 322C.2, subsection 20, if enacted by 2019 4 Iowa Acts, Senate File 435, section 2, is amended to read as 5 follows: 6 20. “Towable recreational vehicle dealer” or “dealer” means 7 a person required to be licensed under this chapter who is 8 authorized to sell and service towable recreational vehicles. 9 Sec. 14. Section 322C.15, subsection 2, paragraph b, if 10 enacted by 2019 Iowa Acts, Senate File 435, section 12, is 11 amended to read as follows: 12 b. The manufacturer’s or distributor’s business operations 13 have been abandoned or caused the dealer’s business operations 14 to close for ten consecutive business days. This subparagraph 15 paragraph does not apply if the closing is due to a normal 16 seasonal closing and the manufacturer or distributor notifies 17 the dealer of the planned closing, an act of God, a strike, 18 a labor difficulty, or any other cause over which the 19 manufacturer or distributor has no control. 20 Sec. 15. Section 456A.33C, subsection 1, unnumbered 21 paragraph 1, if enacted by 2019 Iowa Acts, House File 765, 22 section 18, is amended to read as follows: 23 For purposes of this section, unless the context otherwise 24 requires, “eligible water body” means a body of water that meet 25 meets all of the following criteria: 26 Sec. 16. Section 513D.2, subsection 2, Code 2019, as amended 27 by 2019 Iowa Acts, House File 679, section 184, if enacted, is 28 amended to read as follows: 29 2. The commissioner or of insurance may take any enforcement 30 action under the commissioner’s authority to enforce compliance 31 with this chapter . 32 Sec. 17. Section 515I.4A, subsection 1, paragraph c, as 33 enacted by 2019 Iowa Acts, Senate File 558, section 4, is 34 amended to read as follows: 35 -6- SF638.2543 (5) 88 tm/ns 6/ 19
c. The board of directors of the insurer has passed a 1 resolution seeking approval as a domestic surplus lines insurer 2 in this state and stating that the insurer shall only write 3 surplus line lines business. The resolution shall not be 4 amended without approval of the commissioner. 5 Sec. 18. Section 522E.13, subsection 6, Code 2019, as 6 amended by 2019 Iowa Acts, Senate File 559, section 6, is 7 amended to read as follows: 8 6. Whenever notice or correspondence with respect to a 9 policy of portable electronics insurance is required pursuant 10 to this section , it shall be in writing and sent within the 11 notice period required pursuant to this section . Notices 12 and correspondence shall be sent to the licensed portable 13 electronics vendor that is the policyholder at the portable 14 electronics vendor’s mailing or electronic mail address 15 specified for that purpose and to its affected enrolled 16 consumers’ last known mailing or electronic mail addresses on 17 file with the insurer or the portable electronics vendor. All 18 notices and documents that are delivered by electronic means 19 shall comply with section 505B.1, except for the provisions 20 in section 505B.1, subsection 4. The insurer or portable 21 electronics vendor shall maintain proof that the notice or 22 correspondence was sent for not less than three years after 23 that notice or correspondence was sent. 24 Sec. 19. Section 633.648, Code 2019, as amended by 2019 25 Iowa Acts, House File 610, section 34, if enacted, is amended 26 to read as follows: 27 633.648 Appointment of attorney in compromise of personal 28 injury settlements. 29 Notwithstanding the provisions of section 633.642 prior to 30 authorizing a compromise of a claim for damages on account 31 of personal injuries to the ward protected person , the court 32 may order an independent investigation by an attorney other 33 than by the attorney for the conservator. The cost of such 34 investigation, including a reasonable attorney fee, shall be 35 -7- SF638.2543 (5) 88 tm/ns 7/ 19
taxed as part of the cost of the conservatorship. 1 Sec. 20. Section 692C.1, subsection 1, paragraph a, if 2 enacted by 2019 Iowa Acts, House File 681, section 1, is 3 amended to read as follows: 4 a. “Covered individual” means an individual who has, seeks 5 to have, or may have access to children, the elderly, or 6 individuals with disabilities served by a qualified entity and 7 who is employed by , volunteers with, or seeks to volunteer with 8 a qualified entity; or owns or operates or seeks to own or 9 operate, a qualified entity. 10 Sec. 21. 2019 Iowa Acts, Senate File 333, section 104, 11 subsection 6, is amended to read as follows: 12 6. Sections 15E.206, subsection 3, paragraph “a”; 13 15E.207, subsection 2, paragraph “b”, subparagraph (2), 14 subparagraph division (c); 15E.208, subsection 5, paragraph 15 “g”, subparagraphs (1) and (2); 15E.208, subsection 6, 16 paragraph “d”, subparagraph (1), subparagraph division 17 (a); 135.61, unnumbered paragraph 1; 135.61, subsection 18 1, paragraph “d”; 135.61, subsection 4; 135.62, subsection 19 1; 135.62, subsection 2, paragraph “f”, subparagraphs (2), 20 (4), and (5); 135.63, subsection 1; 135.63, subsection 2, 21 unnumbered paragraph 1; 135.63, subsection 2, paragraph “f”; 22 135.63, subsection 2, paragraph “g”, subparagraph (1); 135.63, 23 subsection 2, paragraph “h”, subparagraph (1), unnumbered 24 paragraph 1; 135.63, subsection 2, paragraph “j”; 135.63, 25 subsection 2, paragraph “k”, subparagraph (1), unnumbered 26 paragraph 1; 135.63, subsection 2, paragraph “l”, unnumbered 27 paragraph 1; 135.63, subsection 2, paragraphs “m” and “n”; 28 135.63, subsection 2, paragraph “p”, unnumbered paragraph 1; 29 135.63, subsection 3; 135.64, subsection 3; 135.72, unnumbered 30 paragraph 1; 135.73, subsection 1; 135.73, subsection 31 2, unnumbered paragraph 1; 135.73, subsection 3; 135.74, 32 subsections 1 and 3; 135.75, subsection 2; 135.76, subsection 33 1; 135.100, unnumbered paragraph 1; 135.105A, subsection 5; 34 135.108, unnumbered paragraph 1; 135.140, unnumbered paragraph 35 -8- SF638.2543 (5) 88 tm/ns 8/ 19
1; 249K.2, subsection 6; 490.120, subsection 12, paragraph “c”, 1 subparagraph (1); 490.140, subsection 29; 490.640, subsection 2 8; 490.809, subsection 2; 490.858, subsection 2; 490.1101, 3 unnumbered paragraph 1; 490.1105, subsection 3; 490.1107, 4 subsection 1, paragraph “h”; 490.1107, subsection 2; 490.1107, 5 subsection 4, paragraph “b”; 490.1108, subsection 1; 490.1114, 6 subsection 1; 490.1114, subsection 2, paragraph “g”; 490.1202, 7 subsection 7; 490.1301, unnumbered paragraph 1; 490.1320, 8 subsection 1; 490.1320, subsection 3, paragraphs “a” and “b”; 9 490.1322, subsection 2, paragraph “c”; 490.1323, subsection 10 3; 490.1331, subsection 1; 490.1340, subsection 2, paragraph 11 “a”, subparagraph (1); 490.1403, subsection 3; 490.1405, 12 subsection 2, paragraph “c”; 499.69A, subsection 6; 524.1309, 13 subsection 8; 524.1406, subsection 1; 524.1417, subsection 1; 14 and 524.1805, subsection 6, Code 2019, are amended by striking 15 the word “division” and inserting in lieu thereof the word 16 “subchapter”. 17 Sec. 22. EFFECTIVE DATE. The following, being deemed of 18 immediate importance, take effect upon enactment: 19 1. The section of this division of this Act amending section 20 29C.20. 21 2. The section of this division of this Act amending section 22 261H.3, subsections 1 and 2. 23 Sec. 23. EFFECTIVE DATE. The following takes effect January 24 1, 2020: 25 The section of this division of this Act amending section 26 633.648. 27 Sec. 24. RETROACTIVE APPLICABILITY. The following applies 28 retroactively to the effective date of 2019 Iowa Acts, Senate 29 File 570, if enacted: 30 The section of this division of this Act amending section 31 29C.20. 32 Sec. 25. RETROACTIVE APPLICABILITY. The following applies 33 retroactively to March 27, 2019: 34 The section of this division of this Act amending section 35 -9- SF638.2543 (5) 88 tm/ns 9/ 19
261H.3, subsections 1 and 2. 1 Sec. 26. APPLICABILITY. The following applies to 2 guardianships and guardianship proceedings for adults and 3 conservatorships and conservatorship proceedings for adults and 4 minors established or pending before, on, or after January 1, 5 2020: 6 The section of this division of this Act amending section 7 633.648. 8 DIVISION V 9 FLOOD RECOVERY 10 Sec. 27. NEW SECTION . 418.16 Flood recovery fund. 11 1. A flood recovery fund is established in the state 12 treasury under the control of the board. The fund shall 13 consist of moneys appropriated to the fund by the general 14 assembly and any other moneys available to, obtained by, or 15 accepted by the board for deposit in the fund. Moneys in the 16 fund are appropriated to the department and shall be used for 17 the purposes designated in this section. Moneys in the fund 18 shall not supplant any federal disaster recovery moneys. 19 2. The board may award moneys from the fund to eligible 20 political subdivisions of the state. A political subdivision 21 of the state is eligible to receive moneys from the fund if 22 the political subdivision is located in a county designated 23 under presidential disaster declaration DR-4421-IA and is also 24 located in a county where the federal emergency management 25 agency’s individual assistance program has been activated. 26 3. In order to be awarded moneys from the fund, a political 27 subdivision of the state shall submit a project application 28 to the department for consideration by the board. The board 29 shall prescribe application forms and application instructions. 30 Project applications shall include all of the following: 31 a. A description of the project and the manner in which 32 the project supports flood response, flood recovery, or flood 33 mitigation activities. 34 b. A description of the financial assistance needed from the 35 -10- SF638.2543 (5) 88 tm/ns 10/ 19
fund. 1 c. Details on any additional moneys to be applied to the 2 project. 3 4. a. The board shall review all project applications. 4 During the review of a project application, the board shall 5 consider, at a minimum, all of the following: 6 (1) Whether the project supports flood response, flood 7 recovery, or flood mitigation activities. 8 (2) Whether moneys from the fund are essential to meet 9 the necessary expenses or serious needs of the political 10 subdivision related to flood response, flood recovery, or flood 11 mitigation. 12 b. Upon review of a project application, the board shall 13 approve, defer, or deny the application. If a project 14 application is approved, the board shall specify the amount of 15 moneys from the fund awarded to the political subdivision. The 16 board shall negotiate and execute on behalf of the department 17 all necessary agreements to provide the moneys. If a project 18 application is deferred or denied, the board shall state the 19 reasons for such deferral or denial. 20 5. Notwithstanding section 8.33, moneys in the fund 21 that remain unencumbered or unobligated at the close of a 22 fiscal year shall not revert but shall remain available for 23 expenditure for the purposes designated in this section. 24 Notwithstanding section 12C.7, subsection 2, interest or 25 earnings on moneys deposited in the fund shall be credited to 26 the fund. 27 Sec. 28. FLOOD RECOVERY APPROPRIATION. There is 28 appropriated from the general fund of the state to the 29 department of homeland security and emergency management, for 30 the fiscal year beginning July 1, 2018, and ending June 30, 31 2019, the following amount, or so much thereof as is necessary, 32 to be credited to the flood recovery fund created in section 33 418.16, as enacted by this Act, and used for the purposes 34 designated in section 418.16, as enacted by this Act: 35 -11- SF638.2543 (5) 88 tm/ns 11/ 19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,000,000 1 Sec. 29. EMERGENCY RULES. The department of homeland 2 security and emergency management may adopt emergency 3 rules under section 17A.4, subsection 3, and section 17A.5, 4 subsection 2, paragraph “b”, to implement the provisions of 5 this division of this Act and the rules shall be effective 6 immediately upon filing unless a later date is specified in the 7 rules. Any rules adopted in accordance with this section shall 8 also be published as a notice of intended action as provided 9 in section 17A.4. 10 Sec. 30. EFFECTIVE DATE. This division of this Act, being 11 deemed of immediate importance, takes effect upon enactment. 12 DIVISION VI 13 STATE BUDGET PROCESS 14 Sec. 31. Section 8.6, Code 2019, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 16. Salary model administrator. To 17 designate a position within the department to serve as the 18 salary model administrator. 19 a. The salary model administrator shall work in conjunction 20 with the legislative services agency to maintain the state’s 21 salary model used for analyzing, comparing, and projecting 22 state employee salary and benefit information, including 23 information relating to employees of the state board of 24 regents. 25 b. The department of revenue, the department of 26 administrative services, the institutions governed by the state 27 board of regents pursuant to section 262.7, each judicial 28 district’s department of correctional services, and the state 29 department of transportation shall provide salary data to the 30 department of management and the legislative services agency 31 to operate the state’s salary model. The format and frequency 32 of provision of the salary data shall be determined by the 33 department of management and the legislative services agency. 34 c. The information shall be used in collective bargaining 35 -12- SF638.2543 (5) 88 tm/ns 12/ 19
processes under chapter 20 and in calculating the funding needs 1 contained within any annual salary adjustment legislation. 2 A state employee organization as defined in section 20.3, 3 subsection 4, may request information produced by the model, 4 but the information provided shall not contain information 5 attributable to individual employees. 6 Sec. 32. Section 8.23, subsection 1, unnumbered paragraph 7 1, Code 2019, is amended to read as follows: 8 On or before October 1 15 , prior to each legislative 9 session, all departments and establishments of the government 10 shall transmit to the director, on blanks to be furnished by 11 the director, estimates of their expenditure requirements, 12 including every proposed expenditure, for the ensuing fiscal 13 year, classified so as to distinguish between expenditures 14 estimated for administration, operation, and maintenance, and 15 the cost of each project involving the purchase of land or the 16 making of a public improvement or capital outlay of a permanent 17 character, together with supporting data and explanations 18 as called for by the director after consultation with the 19 legislative services agency . 20 Sec. 33. Section 8.23, subsection 1, paragraph a, Code 2019, 21 is amended to read as follows: 22 a. The estimates of expenditure requirements shall be 23 based upon seventy-five percent of the funding provided for 24 the current fiscal year accounted for by program reduced by 25 the historical employee vacancy factor in a form specified by 26 the director , and the remainder of the estimate of expenditure 27 requirements shall include all proposed expenditures and shall 28 be prioritized by program or the results to be achieved . The 29 estimates shall be accompanied with by performance measures 30 for evaluating the effectiveness of the program programs or 31 results . 32 Sec. 34. Section 602.1301, subsection 2, paragraph a, 33 unnumbered paragraph 1, Code 2019, is amended to read as 34 follows: 35 -13- SF638.2543 (5) 88 tm/ns 13/ 19
As early as possible, but not later than December 1, the 1 supreme court shall submit to the legislative services agency 2 the annual budget request and detailed supporting information 3 for the judicial branch. The submission shall be designed 4 to assist the legislative services agency in its preparation 5 for legislative consideration of the budget request. The 6 information submitted shall contain and be arranged in a format 7 substantially similar to the format specified by the director 8 of the department of management and used by all departments 9 and establishments in transmitting to the director estimates 10 of their expenditure requirements pursuant to section 8.23 , 11 except the estimates of expenditure requirements shall be based 12 upon one hundred percent of funding for the current fiscal 13 year accounted for by program, and using the same line item 14 definitions of expenditures as used for the current fiscal 15 year’s budget request, and the remainder of the estimate of 16 expenditure requirements prioritized by program . The supreme 17 court shall also make use of the department of management’s 18 automated budget system when submitting information to the 19 director of the department of management to assist the director 20 in the transmittal of information as required under section 21 8.35A . The supreme court shall budget and track expenditures 22 by the following separate organization codes: 23 DIVISION VII 24 BLACKOUT SPECIAL REGISTRATION PLATES 25 Sec. 35. Section 321.34, Code 2019, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 11C. Blackout plates. 28 a. Upon application and payment of the proper fees, 29 the director may issue blackout plates to the owner of a 30 motor vehicle subject to registration under section 321.109, 31 subsection 1, autocycle, motor truck, motor home, multipurpose 32 vehicle, motorcycle, trailer, or travel trailer. 33 b. Blackout plates shall be designed by the department. A 34 blackout plate’s background shall be black, and the plate’s 35 -14- SF638.2543 (5) 88 tm/ns 14/ 19
letters and numbers shall be white. 1 c. The special blackout fee for letter-number designated 2 blackout plates is thirty-five dollars. An applicant may 3 obtain personalized blackout plates upon payment of the fee for 4 personalized plates as provided in subsection 5, which is in 5 addition to the special blackout fee. The fees collected by 6 the director under this subsection shall be paid monthly to the 7 treasurer of state and deposited in the road use tax fund. 8 d. Upon receipt of the special registration plates, the 9 applicant shall surrender the current registration plates to 10 the county treasurer. The county treasurer shall validate 11 the special registration plates in the same manner as regular 12 registration plates are validated under this section. The 13 annual special blackout fee for letter-number designated plates 14 is ten dollars which shall be paid in addition to the regular 15 annual registration fee. The annual fee for personalized 16 blackout plates is five dollars which shall be paid in addition 17 to the annual special blackout fee and the regular annual 18 registration fee. The annual special blackout fee shall be 19 credited as provided under paragraph “c” . 20 e. The department shall not condition the issuance of 21 blackout plates on the receipt of any number of orders for 22 blackout plates. 23 Sec. 36. Section 321.166, subsection 9, Code 2019, is 24 amended to read as follows: 25 9. Special registration plates issued pursuant to section 26 321.34 , other than gold star, medal of honor, collegiate, fire 27 fighter, and natural resources , and blackout registration 28 plates, shall be consistent with the design and color of 29 regular registration plates but shall provide a space on a 30 portion of the plate for the purpose of allowing the placement 31 of a distinguishing processed emblem or an organization 32 decal. Special registration plates shall also comply with 33 the requirements for regular registration plates as provided 34 in this section to the extent the requirements are consistent 35 -15- SF638.2543 (5) 88 tm/ns 15/ 19
with the section authorizing a particular special vehicle 1 registration plate. 2 DIVISION VIII 3 GAMBLING REGULATION 4 Sec. 37. Section 99F.7A, subsection 3, if enacted by 2019 5 Iowa Acts, Senate File 617, section 10, is amended to read as 6 follows: 7 3. A licensee under this section may enter into operating 8 agreements with one or two entities to have up to a total of 9 two individually branded internet sites to conduct advance 10 deposit sports wagering for the licensee, unless one additional 11 operating agreement or individually branded internet site 12 is authorized by the commission. However, a person shall 13 not sell, grant, assign, or turn over to another person the 14 operation of an individually branded internet site to conduct 15 advance deposit wagering for the licensee without the approval 16 of the commission. This section does not prohibit an agreement 17 entered into between a licensee under this section and an 18 advanced deposit sports wagering operator as approved by the 19 commission. 20 Sec. 38. Section 99F.13, Code 2019, is amended to read as 21 follows: 22 99F.13 Annual audit of licensee operations. 23 Within ninety days after the end of the licensee’s fiscal 24 year, the licensee shall transmit to the commission an audit 25 of the licensee’s total gambling operations, including an 26 itemization of all expenses and subsidies. For a licensed 27 subsidiary of a parent company, an audit of the parent company 28 meets the requirements of this section. All audits shall 29 be conducted by certified public accountants authorized 30 to practice in the state of Iowa under chapter 542 who are 31 selected by the board of supervisors of the county in which the 32 licensee operates . 33 DIVISION IX 34 PUBLIC UTILITIES 35 -16- SF638.2543 (5) 88 tm/ns 16/ 19
Sec. 39. Section 476.6, subsection 15, paragraph c, 1 subparagraphs (2) and (4), Code 2019, are amended to read as 2 follows: 3 (2) Notwithstanding the goals developed pursuant to 4 paragraph “b” , the board shall not require or allow a gas 5 utility to adopt an energy efficiency plan that results in 6 projected cumulative average annual costs that exceed one 7 and one-half percent of the gas utility’s expected annual 8 Iowa retail rate revenue from retail customers in the state, 9 shall not require or allow an electric utility to adopt an 10 energy efficiency plan that results in projected cumulative 11 average annual costs that exceed two percent of the electric 12 utility’s expected annual Iowa retail rate revenue from retail 13 customers in the state, and shall not require or allow an 14 electric utility to adopt a demand response plan that results 15 in projected cumulative average annual costs that exceed two 16 percent of the electric utility’s expected annual Iowa retail 17 rate revenue from retail customers in the state. For purposes 18 of determining the two percent threshold amount, the board 19 shall exclude from an electric utility’s expected annual Iowa 20 retail rate revenue the revenues expected from customers that 21 have received exemptions from energy efficiency plans pursuant 22 to paragraph “a” . This subparagraph shall apply to energy 23 efficiency plans and demand response plans that are effective 24 on or after January 1, 2019. 25 (4) The board shall approve, reject, or modify a plan filed 26 pursuant to this subsection no later than March 31, 2019. If 27 the board fails to approve, reject, or modify a plan filed by a 28 gas or electric utility on or before such date, any plan filed 29 by the gas or electric utility that was approved by the board 30 prior to May 4, 2018, shall be terminated. The board shall 31 not require or allow a gas or electric utility to implement an 32 energy efficiency plan or demand response plan that does not 33 meet the requirements of this subsection . 34 DIVISION X 35 -17- SF638.2543 (5) 88 tm/ns 17/ 19
BOARD OF REGENTS CAPITAL PROJECTS 1 Sec. 40. BOARD OF REGENTS CAPITAL PROJECTS REPORT. 2 1. The state board of regents shall submit a written report, 3 including such information and recommendations as required by 4 this section, to the general assembly by December 13, 2019, 5 regarding the financing of capital projects at institutions 6 under the control of the state board of regents. 7 2. The written report shall include a list of all capital 8 projects initiated by an institution under the control of the 9 state board of regents since January 1, 2004, in which the 10 state provided at least a part of the financing for the project 11 from an appropriation from the rebuild Iowa infrastructure fund 12 created in section 8.57. For each project listed, the report 13 shall include all of the following information: 14 a. Total cost of each project. 15 b. The amount and percentage of each project financed 16 through donations and gifts from private sources. 17 c. The amount and percentage of each project financed 18 through funding from the federal government. 19 d. The amount and percentage of each project financed 20 through institution sources. 21 e. The amount and percentage of each project financed 22 through state dollars. 23 f. The amount and percentage of each project financed 24 through other sources. 25 g. Whether each project was considered a renovation or new 26 construction. 27 3. The written report shall include, for each year since 28 January 1, 2004, the percentage of capital project costs that 29 were covered by donations and gifts from private sources for 30 capital projects that did not receive state funding. 31 4. The written report shall include information regarding 32 how the state board of regents defines new construction and 33 renovations, a list of capital projects initiated due to 34 extraordinary circumstances, and the current method used by 35 -18- SF638.2543 (5) 88 tm/ns 18/ 19
the state board of regents and institutions under the control 1 of the state board of regents to develop financing plans for 2 capital projects. 3 5. The written report shall also include recommendations to 4 the general assembly regarding the following: 5 a. The type of capital projects that should be eligible for 6 state funding. 7 b. The share of state-funded capital projects that should be 8 funded with non-state dollars. 9 c. How the fundraising plan will be developed for 10 state-funded projects. 11 Sec. 41. REPEAL. Section 262.67, if enacted by 2019 Iowa 12 Acts, House File 765, section 16, is repealed. 13 DIVISION XI 14 WATERSHED MANAGEMENT AUTHORITIES 15 Sec. 42. Section 466B.22, Code 2019, is amended by adding 16 the following new subsection: 17 NEW SUBSECTION . 5. If a portion of a United States 18 geological survey hydrologic unit code 8 watershed is located 19 outside of this state, any political subdivision in such a 20 watershed may participate in any watershed management authority 21 which includes the county in which the political subdivision 22 is located. >> 23 ______________________________ HALL of Woodbury -19- SF638.2543 (5) 88 tm/ns 19/ 19