Senate File 638 S-3237 Amend Senate File 638 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. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 6 2019-2020. Notwithstanding the standing appropriation in the 7 following designated section for the fiscal year beginning July 8 1, 2019, and ending June 30, 2020, the amount appropriated from 9 the general fund of the state pursuant to that section for the 10 following designated purpose shall not exceed the following 11 amount: 12 For payment of claims for nonpublic school transportation 13 under section 285.2: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 15 If total approved claims for reimbursement for nonpublic 16 school pupil transportation exceed the amount appropriated in 17 accordance with this section, the department of education shall 18 prorate the amount of each approved claim. 19 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID —— FY 2019-2020. In 20 lieu of the appropriation provided in section 257.20, 21 subsection 2, the appropriation for the fiscal year 22 beginning July 1, 2019, and ending June 30, 2020, for paying 23 instructional support state aid under section 257.20 for such 24 fiscal year is zero. 25 Sec. 3. Section 257.35, Code 2019, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 13A. Notwithstanding subsection 1, and in 28 addition to the reduction applicable pursuant to subsection 29 2, the state aid for area education agencies and the portion 30 of the combined district cost calculated for these agencies 31 for the fiscal year beginning July 1, 2019, and ending June 32 30, 2020, shall be reduced by the department of management by 33 fifteen million dollars. The reduction for each area education 34 agency shall be prorated based on the reduction that the agency 35 -1- SF638.2478 (4) 88 ns/tm 1/ 19 #1.
received in the fiscal year beginning July 1, 2003. 1 Sec. 4. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— 2 UNAPPROPRIATED MONEYS —— FY 2019-2020 —— FY 2020-2021. For the 3 fiscal year beginning July 1, 2019, and ending June 30, 2020, 4 and for the fiscal year beginning July 1, 2020, and ending June 5 30, 2021, salary adjustments otherwise provided may be funded 6 as determined by the department of management, subject to any 7 applicable constitutional limitation, using unappropriated 8 moneys remaining in the department of commerce revolving 9 fund, the gaming enforcement revolving fund, the gaming 10 regulatory revolving fund, the primary road fund, the road 11 use tax fund, the fish and game protection fund, and the Iowa 12 public employees’ retirement fund, and in other departmental 13 revolving, trust, or special funds for which the general 14 assembly has not made an operating budget appropriation. 15 DIVISION II 16 MISCELLANEOUS APPROPRIATIONS 17 Sec. 5. DEPARTMENT OF PUBLIC SAFETY. 18 1. There is appropriated from the general fund of the 19 state to the department of public safety for the fiscal year 20 beginning July 1, 2019, and ending June 30, 2020, the following 21 amount, or so much thereof as is necessary, to be used for the 22 purposes designated: 23 For costs associated with the training and equipment needs 24 of volunteer fire fighters: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 26 2. Notwithstanding section 8.33, moneys appropriated in 27 this section that remain unencumbered or unobligated at the 28 close of the fiscal year shall not revert but shall remain 29 available for expenditure only for the purpose designated in 30 this section until the close of the succeeding fiscal year. 31 3. Notwithstanding section 8.39, the department of public 32 safety may reallocate moneys appropriated in this section 33 and moneys appropriated in 2019 Iowa Acts, Senate File 615, 34 section 15, if enacted, as necessary to best fulfill the needs 35 -2- SF638.2478 (4) 88 ns/tm 2/ 19
provided for in the appropriation. However, the department 1 shall not reallocate moneys appropriated to the department 2 in this section and moneys appropriated in 2019 Iowa Acts, 3 Senate File 615, section 15, if enacted, unless notice of the 4 reallocation is given to the legislative services agency and 5 the department of management prior to the effective date of the 6 reallocation. The notice shall include information regarding 7 the rationale for reallocating the moneys. The department 8 shall not reallocate moneys appropriated in this section and 9 moneys appropriated in 2019 Iowa Acts, Senate File 615, section 10 15, if enacted, for the purpose of eliminating any program. 11 DIVISION III 12 MISCELLANEOUS PROVISIONS 13 Sec. 6. Section 2C.18, Code 2019, is amended to read as 14 follows: 15 2C.18 Report to general assembly. 16 The ombudsman shall by April 1 December 31 of each year 17 submit an economically designed and reproduced report to the 18 general assembly and to the governor concerning the exercise of 19 the ombudsman’s functions during the preceding calendar fiscal 20 year. In discussing matters with which the ombudsman has been 21 concerned, the ombudsman shall not identify specific persons 22 if to do so would cause needless hardship. If the annual 23 report criticizes a named agency or official, it shall also 24 include unedited replies made by the agency or official to the 25 criticism, unless excused by the agency or official affected. 26 Sec. 7. Section 558.69, Code 2019, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 9. Notwithstanding section 331.604 or any 29 other provision of law to the contrary, the county recorder 30 shall not charge or collect a fee for the submission or filing 31 of a groundwater hazard statement. 32 DIVISION IV 33 CORRECTIVE PROVISIONS 34 Sec. 8. Section 29C.20C, if enacted by 2019 Iowa Acts, 35 -3- SF638.2478 (4) 88 ns/tm 3/ 19
Senate File 570, section 1, is amended to read as follows: 1 29C.20C Immunity —— licensed architects and professional 2 engineers. 3 An architect licensed pursuant to chapter 544A or a 4 professional engineer licensed pursuant to chapter 542B who, 5 during a disaster emergency as proclaimed by the governor or 6 a major disaster as declared by the president of the United 7 States, in good faith and at the request of or with the 8 approval of a national, state, or local public official, law 9 enforcement official, public safety official, or building 10 inspection official believed by the licensed architect or 11 professional engineer to be acting in an official capacity, 12 voluntarily and without compensation provides architectural, 13 engineering, structural, electrical, mechanical, or other 14 design professional services related to the disaster emergency 15 or major disaster shall not be liable for civil damages for any 16 acts or omissions resulting from the services provided, unless 17 such acts or omissions constitute recklessness or willful 18 and wanton misconduct. A licensed architect or professional 19 engineer who receives expense reimbursement for the performance 20 of services described in this section shall not be considered 21 to have received compensation for such services. 22 Sec. 9. Section 216A.133, subsection 3, paragraph l, if 23 enacted by 2019 Iowa Acts, House File 634, section 5, is 24 amended to read as follows: 25 l. Recommending to the board department the adoption of 26 rules pursuant to chapter 17A as it deems necessary for the 27 board and division. 28 Sec. 10. Section 225C.51, subsection 1, paragraph a, if 29 enacted by 2019 Iowa Acts, House File 690, section 8, is 30 amended to read as follows: 31 a. The director of the department of human services or the 32 director’s designee. 33 Sec. 11. Section 225C.51, subsection 3, if enacted by 2019 34 Iowa Acts, House File 690, section 8, is amended to read as 35 -4- SF638.2478 (4) 88 ns/tm 4/ 19
follows: 1 3. The director of the department of human services and the 2 director of the department of education, or their designees, 3 shall serve as co-chairpersons of the state board. Board 4 members shall not be entitled to a per diem as specified in 5 section 7E.6 and shall not be entitled to actual and necessary 6 expenses incurred while engaged in their official duties. 7 Sec. 12. Section 261H.3, subsections 1 and 2, as enacted by 8 2019 Iowa Acts, Senate File 274, section 3, are amended to read 9 as follows: 10 1. Noncommercial expressive activities protected under the 11 provisions of this chapter include but are not limited to any 12 lawful oral or written means by which members of the campus 13 community may communicate ideas to one another, including 14 but not limited to all forms of peaceful assembly, protests, 15 speeches including by invited speakers, distribution of 16 literature, circulating petitions, and publishing, including 17 publishing or streaming on an internet site, or audio or video 18 recorded in outdoor areas of campus. 19 2. A member of the campus community who wishes to engage in 20 noncommercial expressive activity in outdoor areas of campus 21 shall be permitted to do so freely, subject to reasonable 22 time, place, and manner restrictions, and as long as the 23 member’s conduct is not unlawful, does not impede others’ 24 access to a facility or use of walkways, and does not disrupt 25 the functioning of the public institution of higher education, 26 subject to the protections of subsection 1. The public 27 institution of higher education may designate other areas of 28 campus available for use by the campus community according to 29 institutional policy, but in all cases access to designated 30 areas of campus must be granted on a viewpoint-neutral basis 31 within the bounds of established principles of the first 32 amendment principles to the Constitution of the United States . 33 Sec. 13. Section 322C.2, subsection 20, if enacted by 2019 34 Iowa Acts, Senate File 435, section 2, is amended to read as 35 -5- SF638.2478 (4) 88 ns/tm 5/ 19
follows: 1 20. “Towable recreational vehicle dealer” or “dealer” means 2 a person required to be licensed under this chapter who is 3 authorized to sell and service towable recreational vehicles. 4 Sec. 14. Section 322C.15, subsection 2, paragraph b, if 5 enacted by 2019 Iowa Acts, Senate File 435, section 12, is 6 amended to read as follows: 7 b. The manufacturer’s or distributor’s business operations 8 have been abandoned or caused the dealer’s business operations 9 to close for ten consecutive business days. This subparagraph 10 paragraph does not apply if the closing is due to a normal 11 seasonal closing and the manufacturer or distributor notifies 12 the dealer of the planned closing, an act of God, a strike, 13 a labor difficulty, or any other cause over which the 14 manufacturer or distributor has no control. 15 Sec. 15. Section 456A.33C, subsection 1, unnumbered 16 paragraph 1, if enacted by 2019 Iowa Acts, House File 765, 17 section 18, is amended to read as follows: 18 For purposes of this section, unless the context otherwise 19 requires, “eligible water body” means a body of water that meet 20 meets all of the following criteria: 21 Sec. 16. Section 513D.2, subsection 2, Code 2019, as amended 22 by 2019 Iowa Acts, House File 679, section 184, if enacted, is 23 amended to read as follows: 24 2. The commissioner or of insurance may take any enforcement 25 action under the commissioner’s authority to enforce compliance 26 with this chapter . 27 Sec. 17. Section 515I.4A, subsection 1, paragraph c, as 28 enacted by 2019 Iowa Acts, Senate File 558, section 4, is 29 amended to read as follows: 30 c. The board of directors of the insurer has passed a 31 resolution seeking approval as a domestic surplus lines insurer 32 in this state and stating that the insurer shall only write 33 surplus line lines business. The resolution shall not be 34 amended without approval of the commissioner. 35 -6- SF638.2478 (4) 88 ns/tm 6/ 19
Sec. 18. Section 522E.13, subsection 6, Code 2019, as 1 amended by 2019 Iowa Acts, Senate File 559, section 6, is 2 amended to read as follows: 3 6. Whenever notice or correspondence with respect to a 4 policy of portable electronics insurance is required pursuant 5 to this section , it shall be in writing and sent within the 6 notice period required pursuant to this section . Notices 7 and correspondence shall be sent to the licensed portable 8 electronics vendor that is the policyholder at the portable 9 electronics vendor’s mailing or electronic mail address 10 specified for that purpose and to its affected enrolled 11 consumers’ last known mailing or electronic mail addresses on 12 file with the insurer or the portable electronics vendor. All 13 notices and documents that are delivered by electronic means 14 shall comply with section 505B.1, except for the provisions 15 in section 505B.1, subsection 4. The insurer or portable 16 electronics vendor shall maintain proof that the notice or 17 correspondence was sent for not less than three years after 18 that notice or correspondence was sent. 19 Sec. 19. Section 633.648, Code 2019, as amended by 2019 20 Iowa Acts, House File 610, section 34, if enacted, is amended 21 to read as follows: 22 633.648 Appointment of attorney in compromise of personal 23 injury settlements. 24 Notwithstanding the provisions of section 633.642 prior to 25 authorizing a compromise of a claim for damages on account 26 of personal injuries to the ward protected person , the court 27 may order an independent investigation by an attorney other 28 than by the attorney for the conservator. The cost of such 29 investigation, including a reasonable attorney fee, shall be 30 taxed as part of the cost of the conservatorship. 31 Sec. 20. Section 692C.1, subsection 1, paragraph a, if 32 enacted by 2019 Iowa Acts, House File 681, section 1, is 33 amended to read as follows: 34 a. “Covered individual” means an individual who has, seeks 35 -7- SF638.2478 (4) 88 ns/tm 7/ 19
to have, or may have access to children, the elderly, or 1 individuals with disabilities served by a qualified entity and 2 who is employed by , volunteers with, or seeks to volunteer with 3 a qualified entity; or owns or operates or seeks to own or 4 operate, a qualified entity. 5 Sec. 21. 2019 Iowa Acts, Senate File 333, section 104, 6 subsection 6, is amended to read as follows: 7 6. Sections 15E.206, subsection 3, paragraph “a”; 8 15E.207, subsection 2, paragraph “b”, subparagraph (2), 9 subparagraph division (c); 15E.208, subsection 5, paragraph 10 “g”, subparagraphs (1) and (2); 15E.208, subsection 6, 11 paragraph “d”, subparagraph (1), subparagraph division 12 (a); 135.61, unnumbered paragraph 1; 135.61, subsection 13 1, paragraph “d”; 135.61, subsection 4; 135.62, subsection 14 1; 135.62, subsection 2, paragraph “f”, subparagraphs (2), 15 (4), and (5); 135.63, subsection 1; 135.63, subsection 2, 16 unnumbered paragraph 1; 135.63, subsection 2, paragraph “f”; 17 135.63, subsection 2, paragraph “g”, subparagraph (1); 135.63, 18 subsection 2, paragraph “h”, subparagraph (1), unnumbered 19 paragraph 1; 135.63, subsection 2, paragraph “j”; 135.63, 20 subsection 2, paragraph “k”, subparagraph (1), unnumbered 21 paragraph 1; 135.63, subsection 2, paragraph “l”, unnumbered 22 paragraph 1; 135.63, subsection 2, paragraphs “m” and “n”; 23 135.63, subsection 2, paragraph “p”, unnumbered paragraph 1; 24 135.63, subsection 3; 135.64, subsection 3; 135.72, unnumbered 25 paragraph 1; 135.73, subsection 1; 135.73, subsection 26 2, unnumbered paragraph 1; 135.73, subsection 3; 135.74, 27 subsections 1 and 3; 135.75, subsection 2; 135.76, subsection 28 1; 135.100, unnumbered paragraph 1; 135.105A, subsection 5; 29 135.108, unnumbered paragraph 1; 135.140, unnumbered paragraph 30 1; 249K.2, subsection 6; 490.120, subsection 12, paragraph “c”, 31 subparagraph (1); 490.140, subsection 29; 490.640, subsection 32 8; 490.809, subsection 2; 490.858, subsection 2; 490.1101, 33 unnumbered paragraph 1; 490.1105, subsection 3; 490.1107, 34 subsection 1, paragraph “h”; 490.1107, subsection 2; 490.1107, 35 -8- SF638.2478 (4) 88 ns/tm 8/ 19
subsection 4, paragraph “b”; 490.1108, subsection 1; 490.1114, 1 subsection 1; 490.1114, subsection 2, paragraph “g”; 490.1202, 2 subsection 7; 490.1301, unnumbered paragraph 1; 490.1320, 3 subsection 1; 490.1320, subsection 3, paragraphs “a” and “b”; 4 490.1322, subsection 2, paragraph “c”; 490.1323, subsection 5 3; 490.1331, subsection 1; 490.1340, subsection 2, paragraph 6 “a”, subparagraph (1); 490.1403, subsection 3; 490.1405, 7 subsection 2, paragraph “c”; 499.69A, subsection 6; 524.1309, 8 subsection 8; 524.1406, subsection 1; 524.1417, subsection 1; 9 and 524.1805, subsection 6, Code 2019, are amended by striking 10 the word “division” and inserting in lieu thereof the word 11 “subchapter”. 12 Sec. 22. EFFECTIVE DATE. The following, being deemed of 13 immediate importance, take effect upon enactment: 14 1. The section of this division of this Act amending section 15 29C.20. 16 2. The section of this division of this Act amending section 17 261H.3, subsections 1 and 2. 18 Sec. 23. EFFECTIVE DATE. The following takes effect January 19 1, 2020: 20 The section of this division of this Act amending section 21 633.648. 22 Sec. 24. RETROACTIVE APPLICABILITY. The following applies 23 retroactively to the effective date of 2019 Iowa Acts, Senate 24 File 570, if enacted: 25 The section of this division of this Act amending section 26 29C.20. 27 Sec. 25. RETROACTIVE APPLICABILITY. The following applies 28 retroactively to March 27, 2019: 29 The section of this division of this Act amending section 30 261H.3, subsections 1 and 2. 31 Sec. 26. APPLICABILITY. The following applies to 32 guardianships and guardianship proceedings for adults and 33 conservatorships and conservatorship proceedings for adults and 34 minors established or pending before, on, or after January 1, 35 -9- SF638.2478 (4) 88 ns/tm 9/ 19
2020: 1 The section of this division of this Act amending section 2 633.648. 3 DIVISION V 4 FLOOD RECOVERY 5 Sec. 27. NEW SECTION . 418.16 Flood recovery fund. 6 1. A flood recovery fund is established in the state 7 treasury under the control of the board. The fund shall 8 consist of moneys appropriated to the fund by the general 9 assembly and any other moneys available to, obtained by, or 10 accepted by the board for deposit in the fund. Moneys in the 11 fund are appropriated to the department and shall be used for 12 the purposes designated in this section. Moneys in the fund 13 shall not supplant any federal disaster recovery moneys. 14 2. The board may award moneys from the fund to eligible 15 political subdivisions of the state. A political subdivision 16 of the state is eligible to receive moneys from the fund if 17 the political subdivision is located in a county designated 18 under presidential disaster declaration DR-4421-IA and is also 19 located in a county where the federal emergency management 20 agency’s individual assistance program has been activated. 21 3. In order to be awarded moneys from the fund, a political 22 subdivision of the state shall submit a project application 23 to the department for consideration by the board. The board 24 shall prescribe application forms and application instructions. 25 Project applications shall include all of the following: 26 a. A description of the project and the manner in which 27 the project supports flood response, flood recovery, or flood 28 mitigation activities. 29 b. A description of the financial assistance needed from the 30 fund. 31 c. Details on any additional moneys to be applied to the 32 project. 33 4. a. The board shall review all project applications. 34 During the review of a project application, the board shall 35 -10- SF638.2478 (4) 88 ns/tm 10/ 19
consider, at a minimum, all of the following: 1 (1) Whether the project supports flood response, flood 2 recovery, or flood mitigation activities. 3 (2) Whether moneys from the fund are essential to meet 4 the necessary expenses or serious needs of the political 5 subdivision related to flood response, flood recovery, or flood 6 mitigation. 7 b. Upon review of a project application, the board shall 8 approve, defer, or deny the application. If a project 9 application is approved, the board shall specify the amount of 10 moneys from the fund awarded to the political subdivision. The 11 board shall negotiate and execute on behalf of the department 12 all necessary agreements to provide the moneys. If a project 13 application is deferred or denied, the board shall state the 14 reasons for such deferral or denial. 15 5. Notwithstanding section 8.33, moneys in the fund 16 that remain unencumbered or unobligated at the close of a 17 fiscal year shall not revert but shall remain available for 18 expenditure for the purposes designated in this section. 19 Notwithstanding section 12C.7, subsection 2, interest or 20 earnings on moneys deposited in the fund shall be credited to 21 the fund. 22 Sec. 28. FLOOD RECOVERY APPROPRIATION. There is 23 appropriated from the general fund of the state to the 24 department of homeland security and emergency management, for 25 the fiscal year beginning July 1, 2018, and ending June 30, 26 2019, the following amount, or so much thereof as is necessary, 27 to be credited to the flood recovery fund created in section 28 418.16, as enacted by this Act, and used for the purposes 29 designated in section 418.16, as enacted by this Act: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,000,000 31 Sec. 29. EMERGENCY RULES. The department of homeland 32 security and emergency management may adopt emergency 33 rules under section 17A.4, subsection 3, and section 17A.5, 34 subsection 2, paragraph “b”, to implement the provisions of 35 -11- SF638.2478 (4) 88 ns/tm 11/ 19
this division of this Act and the rules shall be effective 1 immediately upon filing unless a later date is specified in the 2 rules. Any rules adopted in accordance with this section shall 3 also be published as a notice of intended action as provided 4 in section 17A.4. 5 Sec. 30. EFFECTIVE DATE. This division of this Act, being 6 deemed of immediate importance, takes effect upon enactment. 7 DIVISION VI 8 STATE BUDGET PROCESS 9 Sec. 31. Section 8.6, Code 2019, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 16. Salary model administrator. To 12 designate a position within the department to serve as the 13 salary model administrator. 14 a. The salary model administrator shall work in conjunction 15 with the legislative services agency to maintain the state’s 16 salary model used for analyzing, comparing, and projecting 17 state employee salary and benefit information, including 18 information relating to employees of the state board of 19 regents. 20 b. The department of revenue, the department of 21 administrative services, the institutions governed by the state 22 board of regents pursuant to section 262.7, each judicial 23 district’s department of correctional services, and the state 24 department of transportation shall provide salary data to the 25 department of management and the legislative services agency 26 to operate the state’s salary model. The format and frequency 27 of provision of the salary data shall be determined by the 28 department of management and the legislative services agency. 29 c. The information shall be used in collective bargaining 30 processes under chapter 20 and in calculating the funding needs 31 contained within any annual salary adjustment legislation. 32 A state employee organization as defined in section 20.3, 33 subsection 4, may request information produced by the model, 34 but the information provided shall not contain information 35 -12- SF638.2478 (4) 88 ns/tm 12/ 19
attributable to individual employees. 1 Sec. 32. Section 8.23, subsection 1, unnumbered paragraph 2 1, Code 2019, is amended to read as follows: 3 On or before October 1, prior to each legislative session, 4 all departments and establishments of the government shall 5 transmit to the director, on blanks to be furnished by the 6 director, estimates of their expenditure requirements, 7 including every proposed expenditure, for the ensuing fiscal 8 year, classified so as to distinguish between expenditures 9 estimated for administration, operation, and maintenance, and 10 the cost of each project involving the purchase of land or the 11 making of a public improvement or capital outlay of a permanent 12 character, together with supporting data and explanations 13 as called for by the director after consultation with the 14 legislative services agency . 15 Sec. 33. Section 8.23, subsection 1, paragraph a, Code 2019, 16 is amended to read as follows: 17 a. The estimates of expenditure requirements shall be 18 based upon seventy-five percent of the funding provided for 19 the current fiscal year accounted for by program reduced by 20 the historical employee vacancy factor in a form specified by 21 the director , and the remainder of the estimate of expenditure 22 requirements shall include all proposed expenditures and shall 23 be prioritized by program or the results to be achieved . The 24 estimates shall be accompanied with by performance measures 25 for evaluating the effectiveness of the program programs or 26 results . 27 Sec. 34. Section 602.1301, subsection 2, paragraph a, 28 unnumbered paragraph 1, Code 2019, is amended to read as 29 follows: 30 As early as possible, but not later than December 1, the 31 supreme court shall submit to the legislative services agency 32 the annual budget request and detailed supporting information 33 for the judicial branch. The submission shall be designed 34 to assist the legislative services agency in its preparation 35 -13- SF638.2478 (4) 88 ns/tm 13/ 19
for legislative consideration of the budget request. The 1 information submitted shall contain and be arranged in a format 2 substantially similar to the format specified by the director 3 of the department of management and used by all departments 4 and establishments in transmitting to the director estimates 5 of their expenditure requirements pursuant to section 8.23 , 6 except the estimates of expenditure requirements shall be based 7 upon one hundred percent of funding for the current fiscal 8 year accounted for by program, and using the same line item 9 definitions of expenditures as used for the current fiscal 10 year’s budget request, and the remainder of the estimate of 11 expenditure requirements prioritized by program . The supreme 12 court shall also make use of the department of management’s 13 automated budget system when submitting information to the 14 director of the department of management to assist the director 15 in the transmittal of information as required under section 16 8.35A . The supreme court shall budget and track expenditures 17 by the following separate organization codes: 18 DIVISION VII 19 BLACKOUT SPECIAL REGISTRATION PLATES 20 Sec. 35. Section 321.34, Code 2019, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 11C. Blackout plates. 23 a. Upon application and payment of the proper fees, 24 the director may issue blackout plates to the owner of a 25 motor vehicle subject to registration under section 321.109, 26 subsection 1, autocycle, motor truck, motor home, multipurpose 27 vehicle, motorcycle, trailer, or travel trailer. 28 b. Blackout plates shall be designed by the department. A 29 blackout plate’s background shall be black, and the plate’s 30 letters and numbers shall be white. 31 c. The special blackout fee for letter-number designated 32 blackout plates is thirty-five dollars. An applicant may 33 obtain personalized blackout plates upon payment of the fee for 34 personalized plates as provided in subsection 5, which is in 35 -14- SF638.2478 (4) 88 ns/tm 14/ 19
addition to the special blackout fee. The fees collected by 1 the director under this subsection shall be paid monthly to the 2 treasurer of state and deposited in the road use tax fund. 3 d. Upon receipt of the special registration plates, the 4 applicant shall surrender the current registration plates to 5 the county treasurer. The county treasurer shall validate 6 the special registration plates in the same manner as regular 7 registration plates are validated under this section. The 8 annual special blackout fee for letter-number designated plates 9 is ten dollars which shall be paid in addition to the regular 10 annual registration fee. The annual fee for personalized 11 blackout plates is five dollars which shall be paid in addition 12 to the annual special blackout fee and the regular annual 13 registration fee. The annual special blackout fee shall be 14 credited as provided under paragraph “c” . 15 e. The department shall not condition the issuance of 16 blackout plates on the receipt of any number of orders for 17 blackout plates. 18 Sec. 36. Section 321.166, subsection 9, Code 2019, is 19 amended to read as follows: 20 9. Special registration plates issued pursuant to section 21 321.34 , other than gold star, medal of honor, collegiate, fire 22 fighter, and natural resources , and blackout registration 23 plates, shall be consistent with the design and color of 24 regular registration plates but shall provide a space on a 25 portion of the plate for the purpose of allowing the placement 26 of a distinguishing processed emblem or an organization 27 decal. Special registration plates shall also comply with 28 the requirements for regular registration plates as provided 29 in this section to the extent the requirements are consistent 30 with the section authorizing a particular special vehicle 31 registration plate. 32 DIVISION VIII 33 GAMBLING REGULATION 34 Sec. 37. Section 99F.7A, subsection 3, if enacted by 2019 35 -15- SF638.2478 (4) 88 ns/tm 15/ 19
Iowa Acts, Senate File 617, section 10, is amended to read as 1 follows: 2 3. A licensee under this section may enter into operating 3 agreements with one or two entities to have up to a total of 4 two individually branded internet sites to conduct advance 5 deposit sports wagering for the licensee, unless one additional 6 operating agreement or individually branded internet site 7 is authorized by the commission. However, a person shall 8 not sell, grant, assign, or turn over to another person the 9 operation of an individually branded internet site to conduct 10 advance deposit wagering for the licensee without the approval 11 of the commission. This section does not prohibit an agreement 12 entered into between a licensee under this section and an 13 advanced deposit sports wagering operator as approved by the 14 commission. 15 Sec. 38. Section 99F.13, Code 2019, is amended to read as 16 follows: 17 99F.13 Annual audit of licensee operations. 18 Within ninety days after the end of the licensee’s fiscal 19 year, the licensee shall transmit to the commission an audit 20 of the licensee’s total gambling operations, including an 21 itemization of all expenses and subsidies. For a licensed 22 subsidiary of a parent company, an audit of the parent company 23 meets the requirements of this section. All audits shall 24 be conducted by certified public accountants authorized 25 to practice in the state of Iowa under chapter 542 who are 26 selected by the board of supervisors of the county in which the 27 licensee operates . 28 DIVISION IX 29 PUBLIC UTILITIES 30 Sec. 39. Section 476.6, subsection 15, paragraph c, 31 subparagraphs (2) and (4), Code 2019, are amended to read as 32 follows: 33 (2) Notwithstanding the goals developed pursuant to 34 paragraph “b” , the board shall not require or allow a gas 35 -16- SF638.2478 (4) 88 ns/tm 16/ 19
utility to adopt an energy efficiency plan that results in 1 projected cumulative average annual costs that exceed one 2 and one-half percent of the gas utility’s expected annual 3 Iowa retail rate revenue from retail customers in the state, 4 shall not require or allow an electric utility to adopt an 5 energy efficiency plan that results in projected cumulative 6 average annual costs that exceed two percent of the electric 7 utility’s expected annual Iowa retail rate revenue from retail 8 customers in the state, and shall not require or allow an 9 electric utility to adopt a demand response plan that results 10 in projected cumulative average annual costs that exceed two 11 percent of the electric utility’s expected annual Iowa retail 12 rate revenue from retail customers in the state. For purposes 13 of determining the two percent threshold amount, the board 14 shall exclude from an electric utility’s expected annual Iowa 15 retail rate revenue the revenues expected from customers that 16 have received exemptions from energy efficiency plans pursuant 17 to paragraph “a” . This subparagraph shall apply to energy 18 efficiency plans and demand response plans that are effective 19 on or after January 1, 2019. 20 (4) The board shall approve, reject, or modify a plan filed 21 pursuant to this subsection no later than March 31, 2019. If 22 the board fails to approve, reject, or modify a plan filed by a 23 gas or electric utility on or before such date, any plan filed 24 by the gas or electric utility that was approved by the board 25 prior to May 4, 2018, shall be terminated. The board shall 26 not require or allow a gas or electric utility to implement an 27 energy efficiency plan or demand response plan that does not 28 meet the requirements of this subsection . 29 DIVISION X 30 BOARD OF REGENTS CAPITAL PROJECTS 31 Sec. 40. BOARD OF REGENTS CAPITAL PROJECTS REPORT. 32 1. The state board of regents shall submit a written report, 33 including such information and recommendations as required by 34 this section, to the general assembly by December 13, 2019, 35 -17- SF638.2478 (4) 88 ns/tm 17/ 19
regarding the financing of capital projects at institutions 1 under the control of the state board of regents. 2 2. The written report shall include a list of all capital 3 projects initiated by an institution under the control of the 4 state board of regents since January 1, 2004, in which the 5 state provided at least a part of the financing for the project 6 from an appropriation from the rebuild Iowa infrastructure fund 7 created in section 8.57. For each project listed, the report 8 shall include all of the following information: 9 a. Total cost of each project. 10 b. The amount and percentage of each project financed 11 through donations and gifts from private sources. 12 c. The amount and percentage of each project financed 13 through funding from the federal government. 14 d. The amount and percentage of each project financed 15 through institution sources. 16 e. The amount and percentage of each project financed 17 through state dollars. 18 f. The amount and percentage of each project financed 19 through other sources. 20 g. Whether each project was considered a renovation or new 21 construction. 22 3. The written report shall include, for each year since 23 January 1, 2004, the percentage of capital project costs that 24 were covered by donations and gifts from private sources for 25 capital projects that did not receive state funding. 26 4. The written report shall include information regarding 27 how the state board of regents defines new construction and 28 renovations, a list of capital projects initiated due to 29 extraordinary circumstances, and the current method used by 30 the state board of regents and institutions under the control 31 of the state board of regents to develop financing plans for 32 capital projects. 33 5. The written report shall also include recommendations to 34 the general assembly regarding the following: 35 -18- SF638.2478 (4) 88 ns/tm 18/ 19
a. The type of capital projects that should be eligible for 1 state funding. 2 b. The share of state-funded capital projects that should be 3 funded with non-state dollars. 4 c. How the fundraising plan will be developed for 5 state-funded projects. 6 Sec. 41. REPEAL. Section 262.67, if enacted by 2019 Iowa 7 Acts, House File 765, section 16, is repealed. 8 DIVISION XI 9 WATERSHED MANAGEMENT AUTHORITIES 10 Sec. 42. Section 466B.22, Code 2019, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 5. If a portion of a United States 13 geological survey hydrologic unit code 8 watershed is located 14 outside of this state, any political subdivision in such a 15 watershed may participate in any watershed management authority 16 which includes the county in which the political subdivision 17 is located. > 18 2. Title page, line 4, by striking < date > and inserting 19 < date, applicability, and retroactive applicability > 20 ______________________________ MICHAEL BREITBACH -19- SF638.2478 (4) 88 ns/tm 19/ 19 #2.