House File 2502 - Enrolled House File 2502 AN ACT RELATING TO STATE AND LOCAL FINANCES BY MAKING APPROPRIATIONS, PROVIDING FOR LEGAL AND REGULATORY RESPONSIBILITIES, PROVIDING FOR OTHER PROPERLY RELATED MATTERS, AND PROVIDING FOR EFFECTIVE DATE, CONTINGENT EFFECTIVE DATE, APPLICABILITY, AND RETROACTIVE APPLICABILITY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I STANDING APPROPRIATIONS AND RELATED MATTERS Section 1. 2017 Iowa Acts, chapter 170, is amended by adding the following new section: NEW SECTION . SEC. 5A. GENERAL ASSEMBLY —— FY 2018-2019. 1. The appropriations made pursuant to section 2.12 for the expenses of the general assembly and legislative agencies for the fiscal year beginning July 1, 2018, and ending June 30, 2019, are reduced by the following amount: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,417,318 2. The budgeted amounts for the general assembly and legislative agencies for the fiscal year beginning July 1, 2018, may be adjusted to reflect the unexpended budgeted amounts from the previous fiscal year. 3. Annual membership dues for organizations, associations, and conferences shall not be paid from moneys appropriated pursuant to section 2.12, except reimbursement for travel expenses may be paid to commissioners serving on the commission of uniform state laws.

House File 2502, p. 2 4. Costs for out-of-state travel and per diems for out-of-state travel shall not be paid from moneys appropriated pursuant to section 2.12. Sec. 2. 2017 Iowa Acts, chapter 170, is amended by adding the following new section: NEW SECTION . SEC. 6A. INSTRUCTIONAL SUPPORT STATE AID —— FY 2018-2019. In lieu of the appropriation provided in section 257.20, subsection 2, the appropriation for the fiscal year beginning July 1, 2018, and ending June 30, 2019, for paying instructional support state aid under section 257.20 for such fiscal years is zero. Sec. 3. 2017 Iowa Acts, chapter 170, section 15, is amended to read as follows: SEC. 15. CASH RESERVE FUND APPROPRIATION —— FY 2018-2019. There is appropriated from the general fund of the state to the cash reserve fund for the fiscal year beginning July 1, 2018, and ending June 30, 2019, the following amount: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 111,100,000 113,100,000 Sec. 4. Section 257.35, Code 2018, is amended by adding the following new subsection: NEW SUBSECTION . 12A. Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2018, and ending June 30, 2019, shall be reduced by the department of management by fifteen million dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003. Sec. 5. TAXPAYERS TRUST FUND. On July 1, 2018, any unencumbered and unobligated moneys in the taxpayers trust fund created in section 8.57E are transferred to the general fund of the state. Sec. 6. SALARY MODEL ADMINISTRATOR. The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to

House File 2502, p. 3 employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees. DIVISION II MISCELLANEOUS PROVISIONS AND APPROPRIATIONS Sec. 7. Section 331.424A, subsection 9, Code 2018, as amended by 2018 Iowa Acts, House File 2456, section 14, is amended to read as follows: a. For the fiscal year beginning July 1, 2017, and each subsequent fiscal year, the county budgeted amount determined for each county shall be the amount necessary to meet the county’s financial obligations for the payment of services provided under the regional service system management plan approved pursuant to section 331.393 , not to exceed an amount equal to the product of the regional per capita expenditure target amount multiplied by the county’s population , and, for fiscal years beginning on or after July 1, 2021, reduced by the amount of the county’s cash flow reduction amount for the fiscal year calculated under subsection 4, if applicable . b. If a county officially joins a different region, the county’s budgeted amount shall be the amount necessary to meet the county’s financial obligations for payment of services provided under the new region’s regional service system management plan approved pursuant to section 331.393, not to exceed an amount equal to the product of the new region’s

House File 2502, p. 4 regional per capita expenditure target amount multiplied by the county’s population , and, for fiscal years beginning on or after July 1, 2021, reduced by the amount of the county’s cash flow reduction amount for the fiscal year calculated under subsection 4, if applicable . Sec. 8. 2017 Iowa Acts, chapter 170, section 13, is amended to read as follows: SEC. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding section 8.56, subsection 3 and subsection 4 , paragraph “a” and section 8.57, subsection 1, paragraph “a” , there is transferred from the cash reserve fund created in section 8.56 to the general fund of the state for the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following amount: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,100,000 Sec. 9. 2018 Iowa Acts, House File 2441, section 17, subsection 1, is amended by striking the subsection. Sec. 10. 2018 Iowa Acts, Senate File 2117, section 11, subsection 1, is amended to read as follows: 1. There is appropriated from the Iowa economic emergency fund created in section 8.55 to the general fund of the state for the fiscal year beginning July 1, 2017 2016 , and ending June 30, 2018 2017 , the following amount: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,000,000 Sec. 11. 2018 Iowa Acts, Senate File 2117, section 12, is amended to read as follows: SEC. 12. RETROACTIVE APPLICABILITY. The following provision or provisions of this division of this Act apply retroactively to September 28, 2017 June 30, 2017 : The section of this division of this Act appropriating moneys from the Iowa economic emergency fund to the general fund in lieu of a prior standing appropriation. Sec. 12. RETROACTIVE APPLICABILITY. The following applies retroactively to May 12, 2017: The section of this division of this Act amending 2017 Iowa Acts, chapter 170, section 13. Sec. 13. RETROACTIVE APPLICABILITY. The following applies retroactively to the effective date of section 256.9A, as enacted by 2018 Iowa Acts, House File 2441, section 1: The section of this division of this Act amending 2018 Iowa

House File 2502, p. 5 Acts, House File 2441, section 17, subsection 1. Sec. 14. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION III CORRECTIVE PROVISIONS Sec. 15. Section 9A.102, subsection 1, Code 2017, as amended by 2018 Iowa Acts, Senate File 385, section 2, is amended to read as follows: 1. “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional sports services contract or an endorsement contract. Sec. 16. Section 68B.2C, as enacted by 2018 Iowa Acts, Senate File 2323, section 7, is amended to read as follows: 68B.2C Prohibited outside employment and activities —— agents of foreign principals. Officials and state employees shall not engage in any outside employment or activity that requires the person to register under the federal Foreign Agents Registration Act of 1938, as amended , 22 U.S.C. §611 et seq. , as amended. Sec. 17. Section 84A.4, subsection 4, paragraph f, Code 2018, if enacted by 2018 Iowa Acts, Senate File 2353, section 6, is amended to read as follows: f. Proven and promising practices. The local workforce development board shall lead efforts in the local workforce development area to do all of the following: (1) Identify identify and promote proven and promising strategies and initiatives for meeting the needs of employers, workers, and jobseekers, including individuals with a barrier to employment, in the local workforce development system, including providing physical and programmatic accessibility, in accordance with 29 U.S.C. §3248, if applicable, applicable provisions of chapter 216, and applicable provisions of the Americans with Disabilities Act of 1990, codified at 42 U.S.C. §12101 et seq., to the one-stop delivery system. Sec. 18. Section 123.92, subsection 3, paragraph a, Code 2018, as amended by 2018 Iowa Acts, Senate File 2310, section 47, is amended to read as follows: a. Notwithstanding section 123.49, subsection 1 , any

House File 2502, p. 6 person who is injured in person or property or means of support by an intoxicated person who is under legal age or resulting from the intoxication of a person who is under legal age, has a right of action for all damages actually sustained, severally or jointly, against a person who is not a licensee or permittee and who dispensed or gave any alcoholic beverage to the intoxicated underage person when the nonlicensee or nonpermittee who dispensed or gave the alcoholic beverage to the underage person knew or should have known the underage person was intoxicated, or who dispensed or gave any alcoholic beverage to the underage person to a point where the nonlicensee or nonpermittee knew or should have known that the underage person would become intoxicated. Sec. 19. Section 135.16A, subsection 1, paragraph a, as enacted by 2018 Iowa Acts, House File 2408, section 1, is amended to read as follows: a. “Conventional eggs” means eggs others other than specialty eggs. Sec. 20. Section 147C.1, subsection 7, paragraph e, subparagraph (2), subparagraph division (h), as enacted by 2018 Iowa Acts, House File 2425, section 1, is amended to read as follows: (h) Disclosure of investigative records compiled for law enforcement purposes of any of the following . Sec. 21. Section 148H.1, subsection 4, as enacted by 2018 Iowa Acts, Senate File 2228, section 5, is amended to read as follows: 4. “Genetic counseling intern” means a student enrolled in a genetic counseling program accredited by the accreditation council for genetic counseling or its equivalent or successor organization, or the American board of medical genetics and genomics or its equivalent or successor organization. Sec. 22. Section 256.7, subsection 21, paragraph b, subparagraph (2), subparagraph division (d), as enacted by 2018 Iowa Acts, House File 2235, section 1, is amended to read as follows: (d) That the assessment be peer-reviewed by an independent, third-party evaluator to determine that the assessment is aligned with the Iowa core academic standards, provides

House File 2502, p. 7 a measurement of student growth and student proficiency, and meets the summative assessment requirements of the federal Every Student Succeeds Act, Pub. L. No. 114-95. The assessment developed by the Iowa testing service program within the university of Iowa college of education shall make any necessary adjustments as determined by the peer review be adjusted as necessary to meet the requirements of this subparagraph (2) as determined by the peer review . Sec. 23. Section 256.42, subsection 5, Code 2018, as amended by 2018 Iowa Acts, Senate File 2131, section 1, is amended to read as follows: 5. Under the initiative, a student must be enrolled in a participating school district or accredited nonpublic school or be receiving private instruction under chapter 299A as described in subsection 1. For a student enrolled in a participating school district or accredited nonpublic school, the school district or school is responsible for recording grades received for initiative coursework in a student’s permanent record, awarding high school credit for initiative coursework, and issuing a high school diplomas diploma to a student enrolled in the district or school who participates and completes coursework under the initiative. Each participating school shall identify a site coordinator to serve as a student advocate and as a liaison between the initiative staff and teachers and the school district or accredited nonpublic school. The individual providing instruction to a student under chapter 299A as described in subsection 1 shall receive the student’s score for completed initiative coursework. Sec. 24. Section 261.131, subsection 1, paragraph d, Code 2018, as enacted by 2018 Iowa Acts, House File 2458, section 12, is amended to read as follows: d. “Eligible program” means a program of study or an academic major jointly approved by the commission and the department of workforce development, in consultation with an eligible institution, that leads to a credential aligned with a high-demand job designated by the workforce development board or a community college pursuant to section 84A.1B, subsection 13A. If the board or a community college removes a high-demand job from a list created under section 84A.1B, subsection 13A,

House File 2502, p. 8 an eligible student who received a scholarship for a program based on that high-demand job shall continue to receive the scholarship until achieving a postsecondary credential, up to an associate degree, as long as the student continues to meet all other eligibility requirements. Sec. 25. Section 280.13C, subsection 4, paragraph a, Code 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, is amended to read as follows: a. The department of public health, Iowa high school athletic association, and the Iowa girls high school athletic union shall work together to distribute the guidelines of the centers for disease control and prevention guidelines of the United States department of health and human services and other pertinent information to inform and educate coaches, students, and the parents and guardians of students of the risks, signs, symptoms, and behaviors consistent with a concussion or brain injury, including the danger of continuing to participate in extracurricular interscholastic activities after suffering a concussion or brain injury and their responsibility to report such signs, symptoms, and behaviors if they occur. Sec. 26. Section 280.13C, subsection 8, paragraph a, Code 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, is amended to read as follows: a. A school district or accredited nonpublic school that adopts and follows the protocol required by this section and provides an emergency medical care provider or a licensed health care provider at a contest that is a contact or limited contact activity as identified by the American academy of pediatrics shall not be liable for any claim for injuries or damages based upon the actions or inactions of the emergency medical care provider or the licensed health care provider present at the contest at the request of the school district or accredited nonpublic school so long as the emergency medical care provider or the licensed health care provider acts reasonably and in good faith and in the best interest of the student athlete and without undue influence of the school district or accredited nonpublic school or coaching staff employed by the school district or accredited nonpublic school. A school district or accredited nonpublic school shall not be

House File 2502, p. 9 liable for any claim for injuries or damages if an emergency medical care provider or a licensed health care provider who was scheduled in accordance with a prearranged agreement with the school district or accredited nonpublic school to be present and available at a contest is not able to be present and available due to documentable, unforeseen circumstances and the school district or accredited nonpublic school otherwise followed the protocol. Sec. 27. Section 298.3, subsection 1, paragraph j, Code 2018, as amended by 2018 Iowa Acts, House File 2253, section 9, is amended to read as follows: j. The purchase of buildings or lease-purchase option agreements for school buildings. However, a contract for construction by a private party of property to be lease-purchased by a public school corporation is a contract for a public improvement as defined in section 26.2. If the estimated cost of the property to be lease-purchased that is renovated, repaired, or involves new construction in excess of exceeds the competitive bid threshold in section 26.3, the board of directors shall comply with the competitive bidding requirements of section 26.3. Sec. 28. Section 321G.13, subsection 2, paragraph b, subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, Senate File 2231, section 1, is amended to read as follows: (2) A person may operate or ride on a snowmobile with a loaded pistol or revolver, whether concealed or not, if a the person is operating or riding the snowmobile on land that is not owned, possessed, or rented by the person, and the person’s conduct is otherwise lawful. Sec. 29. Section 321I.14, subsection 2, paragraph b, subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, Senate File 2231, section 3, is amended to read as follows: (2) A person may operate or ride on all an all-terrain vehicle with a loaded pistol or revolver, whether concealed or not, if a the person is operating or riding the all-terrain vehicle on land that is not owned, possessed, or rented by the person, and the person’s conduct is otherwise lawful. Sec. 30. Section 321I.14, subsection 6, as enacted by 2018 Iowa Acts, Senate File 2231, section 4, is amended to read as

House File 2502, p. 10 follows: 6. As used in this section , “rented by the person” includes a person who does not necessarily rent the land but who principally provides labor for the production of crops located on agricultural land or for the production of livestock principally located on agricultural land. The person must personally provide such labor on a regular, continuous, and substantial basis. Sec. 31. Section 364.4, subsection 4, paragraph i, Code 2018, as amended by 2018 Iowa Acts, House File 2253, section 11, is amended to read as follows: i. A contract for construction by a private party of property to be lease-purchased by a city is a contract for a public improvement under section 26.2, subsection 3 . If the estimated cost of the property to be lease-purchased that is renovated, repaired, or involves new construction exceeds the competitive bid threshold set in section 26.3, the city shall comply with the competitive bidding requirements of section 26.3. Sec. 32. Section 633.42, subsection 1, Code 2018, as amended by 2018 Iowa Acts, Senate File 2098, section 3, is amended to read as follows: 1. At any time after the issuance of letters of appointment, any interested person in the proceeding may file with the clerk a written request for notice of the time and place of all hearings in such proceeding for which notice is required by law, by rule of court, or by an order in such proceeding. The request for notice shall state the name of the requester, the name of the requester’s attorney, if any, and the reason the requester is an interested person in the proceeding. The request for notice shall provide the requester’s post office address , and , if available, the requester’s electronic mail address and telephone number. The request for notice shall also provide the requester’s attorney’s post office address, electronic mail address, and telephone number. The clerk shall docket the request. Thereafter, unless otherwise ordered by the court, the fiduciary shall serve by ordinary or electronic mail a notice of each hearing upon such requester and the requester’s attorney, if any.

House File 2502, p. 11 Sec. 33. Section 633.418, Code 2018, as amended by 2018 Iowa Acts, Senate File 2098, section 6, is amended to read as follows: 633.418 Form and verification of claims —— general requirements. No claim shall be allowed against an estate on application of the claimant unless it shall be in writing, filed with the clerk, stating the claimant’s name , and address , and , if available, telephone number and electronic mail address, describing the nature and the amount thereof, if ascertainable, and accompanied by the affidavit of the claimant, or someone for the claimant, that the amount is justly due, or if not yet due, when it will or may become due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant, except as therein stated. If the claim is contingent, the nature of the contingency shall also be stated. Sec. 34. Section 651.29, subsection 5, paragraphs b and c, as enacted by 2018 Iowa Acts, Senate File 2175, section 29, are amended to read as follows: b. If none of the cotenants has have paid the entire price for the remaining interest in the heirs property, the court shall resolve the partition action under section 651.30 as if the interest of the cotenant that had requested partition by sale of the heirs property has not been purchased. c. If more than one cotenant have has paid the entire price for the remaining interest in the heirs property, the court shall reapportion the remaining interest among such cotenants based on each cotenant’s original fractional ownership of the entire heirs property divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall promptly issue an order reallocating all cotenants’ interests, disburse the amounts held by the court to the persons entitled to such disbursements, and promptly refund any excess payments held by the court to the appropriate persons. Sec. 35. Section 655.6, subsection 1, as enacted by 2018 Iowa Acts, House File 2232, section 5, is amended to read as follows:

House File 2502, p. 12 1. The mortgagee established reasonable procedures to achieve compliance with its obligations under section 655.3. Sec. 36. Section 716.11, subsection 1, paragraph b, as enacted by 2018 Iowa Acts, Senate File 2235, section 1, is amended to read as follows: b. A gas, oil, petroleum, refined petroleum product, renewable fuel, or chemical critical generation, storage , transportation, or delivery system. Sec. 37. 2018 Iowa Acts, Senate File 2117, section 1, paragraphs p and s, are amended to read as follows: p. Department of economic Economic development authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 157,960 s. College student aid commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,172 Sec. 38. 2018 Iowa Acts, House File 2442, section 4, is amended to read as follows: SEC. 4. STATE MANDATE FUNDING SPECIFIED. In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this division of this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts. Sec. 39. REPEAL. 2018 Iowa Acts, House File 2348, section 9, is repealed. Sec. 40. REPEAL. 2018 Iowa Acts, House File 2457, sections 115 and 116 are repealed. Sec. 41. EFFECTIVE DATE. The following, being deemed of immediate importance, takes effect upon enactment: The section of this division of this Act amending 2018 Iowa Acts, Senate File 2117, section 1, paragraphs “p” and “s”. Sec. 42. RETROACTIVE APPLICABILITY. The following applies retroactively to March 28, 2018: The section of this division of this Act amending 2018 Iowa Acts, Senate File 2117, section 1, paragraphs “p” and “s”.

House File 2502, p. 13 Sec. 43. APPLICABILITY. The following apply July 1, 2018, to probate filings made on or after that date: 1. The section of this division of this Act amending section 633.42. 2. The section of this division of this Act amending section 633.418. DIVISION IV LAND ACQUISITION AND INVENTORY Sec. 44. LAND ACQUISITION AND INVENTORY. 1. By December 1, 2018, the department of natural resources shall submit a report to the general assembly including all financial assistance provided to private entities for the acquisition of land and an inventory of all land managed or owned on behalf of the state by the department. 2. The portion of the report regarding financial assistance to private entities for land acquisition shall include the name of the private entities, a description of the assistance provided, the price of the tract, the date the assistance was provided, the date of full loan repayment or cessation of the linked deposit account, and the total amount of outstanding loans and linked deposits associated with such land acquisitions. This portion of the report shall also include information regarding the land purchase including the location and description of the land, a description of the conservation benefits of the purchase, the name of the seller, the price paid, and the size of the tract. If the land was later acquired by a governmental entity, the report shall include the name of the governmental entity, the date of the subsequent acquisition, the price paid, and the source of the funds. 3. The portion of the report regarding the land inventory shall include a list of all properties owned by the state whose purchase or donation was facilitated by the department and a list of properties which are managed by the department, but not owned by the state. For each owned tract of land, the inventory shall include the location of the tract, the date of acquisition or first management agreement, the name of the seller or donor of the tract, the price paid for state-owned land and the source of the funds; the owner of the tract if not owned by the state, the size of the tract, the present use of

House File 2502, p. 14 the tract including whether the property is open to the public, and the identification of the government entity charged with managing the tract. The inventory shall also identify the location and size of all tracts which were conveyed to cities or counties within the past twenty years after termination of state ownership. 4. For the fiscal year beginning July 1, 2018, the environmental protection commission shall not authorize a contract or approve costs related to the purchase of land which obligates moneys from the water pollution control works revolving loan fund for financial assistance to acquire new land under the general nonpoint source program set-aside. DIVISION V IOWA GEOLOGICAL SURVEY Sec. 45. 2018 Iowa Acts, House File 2491, section 21, if enacted, is amended to read as follows: SEC. 53A. STATE UNIVERSITY OF IOWA GEOGRAPHICAL AND WATER GEOLOGICAL SURVEY. There is appropriated from the environment first fund created in section 8.57A to the state university of Iowa for the fiscal year beginning July 1, 2018, and ending June 30, 2019, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. OPERATIONS For purposes of supporting the operations of the Iowa geological and water survey of the state as created within the state university of Iowa pursuant to section 456.1 as amended by 2018 Iowa Acts, House File 2303, section 12, including but not limited to providing analysis; data maintenance, collection, and compilation; investigative programs; and information for water supply development and protection: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 2. WATER RESOURCE MANAGEMENT For purposes of supporting the Iowa geological and water survey in measuring, assessing, and evaluating the quantity of water sources in this state and assisting the department of natural resources in regulating water quantity as provided in chapter 455B, division III, part 4, pursuant to sections 455B.262B and 456.14, as enacted by this Act: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000

House File 2502, p. 15 DIVISION VI PODIATRY Sec. 46. Section 147.139, subsections 3 and 4, Code 2018, are amended to read as follows: 3. If the defendant is board-certified in a specialty, the person is certified in the same or a substantially similar specialty by a board recognized by the American board of medical specialties , or the American osteopathic association , or the council on podiatric medical education . 4. a. If the defendant is a licensed physician or osteopathic physician under chapter 148 , the person is a physician or osteopathic physician licensed in this state or another state. b. If the defendant is a licensed podiatric physician under chapter 149, the person is a physician, osteopathic physician, or a podiatric physician licensed in this state or another state. DIVISION VII CATTLE GUARDS Sec. 47. Section 314.30, subsection 1, paragraph c, as enacted by 2018 Iowa Acts, Senate File 449, section 1, is amended to read as follows: c. The landowner owns the property on both sides of the street or highway and owns property on both sides of any access to the street or highway . Sec. 48. 2018 Iowa Acts, Senate File 449, is amended by adding the following new section: NEW SECTION . SEC. 4. INSTALLATION OF CATTLE GUARD —— SUBSEQUENT COUNTY ACTION. Any cattle guard installed pursuant to this Act on or before April 25, 2018, that meets the requirements of this Act at the time of installation shall not be ordered uninstalled or found to be noncompliant with this Act as a result of any action taken after April 25, 2018, by the county with jurisdiction over the street or highway on which the cattle guard is installed to alter the area service classification of the street or highway or to otherwise alter the street or highway in such a way that the installation of the cattle guard no longer complies with this Act. Sec. 49. EFFECTIVE DATE. This division of this Act, being

House File 2502, p. 16 deemed of immediate importance, takes effect upon enactment. Sec. 50. RETROACTIVE APPLICABILITY. This division of this Act applies retroactively to April 17, 2018. DIVISION VIII DRAMSHOP Sec. 51. Section 123.92, subsection 1, paragraph a, Code 2018, as amended by 2018 Iowa Acts, Senate File 2169, section 1, is amended to read as follows: a. Any Subject to the limitation amount specified in paragraph “c” , if applicable, any third party who is not the intoxicated person who caused the injury at issue and who is injured in person or property or means of support by an intoxicated person or resulting from the intoxication of a person, has a right of action for damages actually sustained, severally or jointly , up to the amount specified in paragraph “c” , against any licensee or permittee, whether or not the license or permit was issued by the division or by the licensing authority of any other state, who sold and served any beer, wine, or intoxicating liquor directly to the intoxicated person, provided that the person was visibly intoxicated at the time of the sale or service. Sec. 52. NEW SECTION . 505.33 Dramshop liability insurance evaluation. The division shall biennially conduct an evaluation concerning minimum coverage requirements of dramshop liability insurance. In conducting the evaluation, the division shall include a comparison of other states’ minimum dramshop liability insurance coverage and any other relevant issues the division identifies. By January 31, 2019, and every two years thereafter, the division shall submit a report, including any findings and recommendations, to the general assembly as provided in chapter 7A. Sec. 53. REPEAL. 2018 Iowa Acts, Senate File 2169, section 2, is repealed. DIVISION IX ALCOHOL Sec. 54. Section 123.30, subsection 3, paragraphs a and b, Code 2018, as amended by 2018 Iowa Acts, Senate File 2310, section 12, are amended to read as follows:

House File 2502, p. 17 a. Class “A”. A class “A” liquor control license may be issued to a club and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class “E” liquor control licensees only, wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in section 123.173 and section 123.177 , and to sell alcoholic beverages to bona fide members and their guests by the individual drink for consumption on the premises only. b. Class “B”. A class “B” liquor control license may be issued to a hotel or motel and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class “E” liquor control licensees only, wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in section 123.173 and section 123.177 , and to sell alcoholic beverages to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. Each license shall be effective throughout the premises described in the application. Sec. 55. Section 123.30, subsection 3, paragraph c, subparagraph (1), Code 2018, as amended by 2018 Iowa Acts, Senate File 2310, section 12, is amended to read as follows: (1) A class “C” liquor control license may be issued to a commercial establishment but must be issued in the name of the individuals who actually own the entire business and shall authorize the holder to purchase alcoholic liquors in original unopened containers from class “E” liquor control licensees only, wine from class “A” wine permittees or class “B” wine permittees who also hold class “E” liquor control licenses only as provided in section 123.173 and section 123.177 , and to sell alcoholic beverages to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. The holder of a class “C” liquor control license may also hold a special class “A” beer permit for the premises licensed under a class “C” liquor control license for the purpose of operating a brewpub pursuant to this chapter . Sec. 56. Section 123.30, subsection 3, paragraph c,