House Study Bill 657 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act relating to state and local revenue and finances 1 including modifying individual income taxes, sales and 2 use taxes, water service tax, and certain tax credits and 3 provisions relating to county juvenile court expenses and 4 mental health region funding, making appropriations, and 5 including effective date and applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5731XL (18) 88 jm/jh
S.F. _____ H.F. _____ DIVISION I 1 INDIVIDUAL INCOME TAXES BEGINNING 2021 TAX YEAR 2 Section 1. Section 422.5A, Code 2020, is amended by striking 3 the section and inserting in lieu thereof the following: 4 422.5A Tax rates. 5 The tax imposed in section 422.5 shall be calculated at the 6 following rates: 7 1. On all taxable income from 0 through $3,364, the rate of 8 0.30 percent. 9 2. On all taxable income exceeding $3,364 but not exceeding 10 $6,728, the rate of 2.00 percent. 11 3. On all taxable income exceeding $6,728 but not exceeding 12 $15,138, the rate of 3.73 percent. 13 4. On all taxable income exceeding $15,138 but not exceeding 14 $25,230, the rate of 5.07 percent. 15 5. On all taxable income exceeding $25,230 but not exceeding 16 $33,640, the rate of 5.36 percent. 17 6. On all taxable income exceeding $33,640 but not exceeding 18 $50,460, the rate of 5.63 percent. 19 7. On all taxable income exceeding $50,460 but not exceeding 20 $75,690, the rate of 6.97 percent. 21 8. On all taxable income exceeding $75,690, the rate of 7.48 22 percent. 23 Sec. 2. EFFECTIVE DATE. This division of this Act takes 24 effect January 1, 2021. 25 Sec. 3. APPLICABILITY. This division of this Act applies 26 to tax years beginning on or after January 1, 2021, but before 27 the contingent effective date in 2018 Iowa Acts, chapter 1161, 28 section 133. 29 DIVISION II 30 CONTINGENT EFFECTIVE DATE IN 2018 IOWA ACTS —— NET GENERAL FUND 31 REVENUES CALCULATION 32 Sec. 4. 2018 Iowa Acts, chapter 1161, section 133, 33 subsection 1, unnumbered paragraph 1, is amended to read as 34 follows: 35 -1- LSB 5731XL (18) 88 jm/jh 1/ 46
S.F. _____ H.F. _____ This division of this Act takes effect on January 1, 2023, if 1 both of the following conditions are the following condition 2 is satisfied: 3 Sec. 5. 2018 Iowa Acts, chapter 1161, section 133, 4 subsection 1, paragraph b, is amended by striking the 5 paragraph. 6 Sec. 6. 2018 Iowa Acts, chapter 1161, section 133, 7 subsection 2, unnumbered paragraph 1, is amended to read as 8 follows: 9 If the provisions of subsection 1 are is not satisfied and 10 this division of this Act does not take effect on January 1, 11 2023, then this division of this Act shall take effect on 12 January 1 following the first fiscal year for which both of the 13 following conditions are the following condition is satisfied: 14 Sec. 7. 2018 Iowa Acts, chapter 1161, section 133, 15 subsection 2, paragraph b, is amended by striking the 16 paragraph. 17 DIVISION III 18 FUTURE CONTINGENT INDIVIDUAL INCOME TAXES BEGINNING IN 2023 TAX 19 YEAR 20 Sec. 8. 2018 Iowa Acts, chapter 1161, section 107, is 21 amended to read as follows: 22 SEC. 107. Section 422.5A , as enacted in this Act, is amended 23 by striking the section and inserting in lieu thereof the 24 following: 25 422.5A Tax rates. 26 1. The tax imposed in section 422.5 shall be calculated 27 at the following rates in the case of a married couple filing 28 jointly: 29 a. On all taxable income from 0 through $12,000, the rate of 30 4.40 4.0 percent. 31 b. On all taxable income exceeding $12,000 but not exceeding 32 $60,000, the rate of 4.82 4.45 percent. 33 c. On all taxable income exceeding $60,000 but not exceeding 34 $150,000, the rate of 5.70 4.99 percent. 35 -2- LSB 5731XL (18) 88 jm/jh 2/ 46
S.F. _____ H.F. _____ d. On all taxable income exceeding $150,000, the rate of 1 6.50 5.5 percent. 2 2. The tax imposed in section 422.5 shall be calculated at 3 the following rates in the case of any taxpayer other than a 4 married couple filing jointly: 5 a. On all taxable income from 0 through $6,000, the rate of 6 4.40 4.0 percent. 7 b. On all taxable income exceeding $6,000 but not exceeding 8 $30,000, the rate of 4.82 4.45 percent. 9 c. On all taxable income exceeding $30,000 but not exceeding 10 $75,000, the rate of 5.70 4.99 percent. 11 d. On all taxable income exceeding $75,000, the rate of 6.50 12 5.5 percent. 13 DIVISION IV 14 CHILD AND DEPENDENT CARE AND EARLY CHILDHOOD TAX CREDITS 15 Sec. 9. Section 422.12C, subsection 1, paragraphs f and g, 16 Code 2020, are amended to read as follows: 17 f. For a taxpayer with net income of forty thousand dollars 18 or more but less than forty-five ninety thousand dollars, 19 thirty percent. 20 g. For a taxpayer with net income of forty-five ninety 21 thousand dollars or more, zero percent. 22 Sec. 10. Section 422.12C, subsection 2, paragraph a, Code 23 2020, is amended to read as follows: 24 a. The taxes imposed under this division , less the amounts 25 of nonrefundable credits allowed under this division , may be 26 reduced by an early childhood development tax credit equal to 27 twenty-five percent of the first one thousand dollars which 28 the taxpayer has paid to others for each dependent, as defined 29 in the Internal Revenue Code, ages three through five for 30 early childhood development expenses. In determining the 31 amount of early childhood development expenses for the tax year 32 beginning in the 2006 calendar year only, such expenses paid 33 during November and December of the previous tax year shall 34 be considered paid in the tax year for which the tax credit 35 -3- LSB 5731XL (18) 88 jm/jh 3/ 46
S.F. _____ H.F. _____ is claimed. This credit is available to a taxpayer whose net 1 income is less than forty-five ninety thousand dollars. If the 2 early childhood development tax credit is claimed for a tax 3 year, the taxpayer and the taxpayer’s spouse shall not claim 4 the child and dependent care credit under subsection 1 . 5 Sec. 11. APPLICABILITY. This division of this Act applies 6 to tax years beginning on or after January 1, 2021. 7 DIVISION V 8 PRECEPTOR TAX CREDIT 9 Sec. 12. NEW SECTION . 135.39E Preceptor tax credit. 10 1. As used in this section, unless the context otherwise 11 requires: 12 a. “Preceptor” means a licensed practicing physician who 13 provides on-site education to a medical student or resident at 14 a hospital or medical clinic in a rural area. 15 b. “Rural area” means any county in the state other than 16 the ten largest counties according to the most recent federal 17 decennial census. 18 2. An eligible preceptor may apply to the department for 19 tax credits under this section. The tax credit may be applied 20 against income tax imposed under chapter 422, division II. The 21 amount of the credit equals one thousand dollars per medical 22 student or resident supervised by the preceptor up to a maximum 23 of ten thousand dollars per year. 24 3. Any credit in excess of the tax liability is 25 nonrefundable and shall not be credited to the tax liability 26 for any following year. 27 4. The credits shall be issued by the department on a 28 first-come, first-served basis until the maximum amount of the 29 tax credits authorized in subsection 5 is reached. 30 5. The cumulative value of tax credits annually claimed 31 shall not exceed one hundred thousand dollars. 32 6. The department in collaboration with the department of 33 revenue shall develop a system for the application, review, and 34 authorization of tax credits issued pursuant to this section. 35 -4- LSB 5731XL (18) 88 jm/jh 4/ 46
S.F. _____ H.F. _____ 7. The department and the department of revenue shall each 1 adopt rules pursuant to chapter 17A to jointly administer 2 this section, including establishing the number of hours a 3 preceptor must supervise a medical student or resident in order 4 to qualify for the tax credit. 5 Sec. 13. NEW SECTION . 422.12O Preceptor tax credit. 6 The taxes imposed under this division, less the credits 7 allowed under section 422.12, shall be reduced by the preceptor 8 tax credit allowed under section 135.39E. 9 Sec. 14. APPLICABILITY. This division of this Act applies 10 to tax years beginning on or after January 1, 2021. 11 DIVISION VI 12 SALES AND USE TAXES 13 Sec. 15. Section 423.2, subsection 1, unnumbered paragraph 14 1, Code 2020, is amended to read as follows: 15 There is imposed a tax of six percent at the rate specified 16 in subsection 12 upon the sales price of all sales of tangible 17 personal property, consisting of goods, wares, or merchandise, 18 sold at retail in the state to consumers or users except as 19 otherwise provided in this subchapter . 20 Sec. 16. Section 423.2, subsections 2 and 3, Code 2020, are 21 amended to read as follows: 22 2. A tax of six percent at the rate specified in subsection 23 12 is imposed upon the sales price of the sale or furnishing 24 of gas, electricity, water, heat, pay television service, and 25 communication service, including the sales price from such 26 sales by any municipal corporation or joint water utility 27 furnishing gas, electricity, water, heat, pay television 28 service, and communication service to the public in its 29 proprietary capacity, except as otherwise provided in this 30 subchapter , when sold at retail in the state to consumers or 31 users. 32 3. A tax of six percent at the rate specified in subsection 33 12 is imposed upon the sales price of all sales of tickets 34 or admissions to places of amusement, fairs, and athletic 35 -5- LSB 5731XL (18) 88 jm/jh 5/ 46
S.F. _____ H.F. _____ events except those of elementary and secondary educational 1 institutions. A tax of six percent at the rate specified in 2 subsection 12 is imposed on the sales price of an entry fee or 3 like charge imposed solely for the privilege of participating 4 in an activity at a place of amusement, fair, or athletic event 5 unless the sales price of tickets or admissions charges for 6 observing the same activity are taxable under this subchapter . 7 A tax of six percent at the rate specified in subsection 12 8 is imposed upon that part of private club membership fees or 9 charges paid for the privilege of participating in any athletic 10 sports provided club members. 11 Sec. 17. Section 423.2, subsection 4, paragraph a, Code 12 2020, is amended to read as follows: 13 a. A tax of six percent at the rate specified in subsection 14 12 is imposed upon the sales price derived from the operation 15 of all forms of amusement devices and games of skill, games of 16 chance, raffles, and bingo games as defined in chapter 99B , and 17 card game tournaments conducted under section 99B.27 , that are 18 operated or conducted within the state, the tax to be collected 19 from the operator in the same manner as for the collection of 20 taxes upon the sales price of tickets or admission as provided 21 in this section . Nothing in this subsection shall legalize any 22 games of skill or chance or slot-operated devices which are now 23 prohibited by law. 24 Sec. 18. Section 423.2, subsection 5, Code 2020, is amended 25 to read as follows: 26 5. There is imposed a tax of six percent at the rate 27 specified in subsection 12 upon the sales price from the 28 furnishing of services as defined in section 423.1 . 29 Sec. 19. Section 423.2, subsection 7, paragraph a, 30 unnumbered paragraph 1, Code 2020, is amended to read as 31 follows: 32 A tax of six percent at the rate specified in subsection 12 33 is imposed upon the sales price from the sales, furnishing, or 34 service of solid waste collection and disposal service. 35 -6- LSB 5731XL (18) 88 jm/jh 6/ 46
S.F. _____ H.F. _____ Sec. 20. Section 423.2, subsection 8, paragraph a, Code 1 2020, is amended to read as follows: 2 a. A tax of six percent at the rate specified in subsection 3 12 is imposed on the sales price from sales of bundled 4 transactions. For the purposes of this subsection , a “bundled 5 transaction” is the retail sale of two or more distinct and 6 identifiable products, except real property and services to 7 real property, which are sold for one nonitemized price. A 8 “bundled transaction” does not include the sale of any products 9 in which the sales price varies, or is negotiable, based on 10 the selection by the purchaser of the products included in the 11 transaction. 12 Sec. 21. Section 423.2, subsection 9, Code 2020, is amended 13 to read as follows: 14 9. A tax of six percent at the rate specified in 15 subsection 12 is imposed upon the sales price from any mobile 16 telecommunications service, including all paging services, 17 that this state is allowed to tax pursuant to the provisions 18 of the federal Mobile Telecommunications Sourcing Act, Pub. 19 L. No. 106-252, 4 U.S.C. §116 et seq. For purposes of this 20 subsection , taxes on mobile telecommunications service, as 21 defined under the federal Mobile Telecommunications Sourcing 22 Act that are deemed to be provided by the customer’s home 23 service provider, shall be paid to the taxing jurisdiction 24 whose territorial limits encompass the customer’s place of 25 primary use, regardless of where the mobile telecommunications 26 service originates, terminates, or passes through and 27 shall in all other respects be taxed in conformity with 28 the federal Mobile Telecommunications Sourcing Act. All 29 other provisions of the federal Mobile Telecommunications 30 Sourcing Act are adopted by the state of Iowa and incorporated 31 into this subsection by reference. With respect to mobile 32 telecommunications service under the federal Mobile 33 Telecommunications Sourcing Act, the director shall, if 34 requested, enter into agreements consistent with the provisions 35 -7- LSB 5731XL (18) 88 jm/jh 7/ 46
S.F. _____ H.F. _____ of the federal Act. 1 Sec. 22. Section 423.2, subsection 10, paragraph a, Code 2 2020, is amended to read as follows: 3 a. A tax of six percent at the rate specified in subsection 4 12 is imposed on the sales price of specified digital products 5 sold at retail in the state. The tax applies whether the 6 purchaser obtains permanent use or less than permanent use of 7 the specified digital product, whether the sale is conditioned 8 or not conditioned upon continued payment from the purchaser, 9 and whether the sale is on a subscription basis or is not on a 10 subscription basis. 11 Sec. 23. Section 423.2, subsection 12, Code 2020, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 12. a. For the period beginning January 1, 2021, and ending 15 December 31, 2051, the sales tax rate is seven percent. 16 b. Beginning January 1, 2051, the sales tax rate is six 17 percent. 18 Sec. 24. Section 423.2A, subsection 2, Code 2020, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . 0b. Transfer one-seventh of the remaining 21 revenues to the secure an advanced vision for education fund 22 created in section 423F.2. This paragraph “0b” is repealed 23 January 1, 2051. 24 Sec. 25. Section 423.2A, subsection 2, paragraph b, Code 25 2020, is amended to read as follows: 26 b. Transfer from the remaining revenues the amounts required 27 under Article VII, section 10, of the Constitution of the State 28 of Iowa to the natural resources and outdoor recreation trust 29 fund created in section 461.31 , if applicable . 30 Sec. 26. Section 423.2A, subsection 2, paragraph c, Code 31 2020, is amended by striking the paragraph. 32 Sec. 27. Section 423.2A, subsection 2, paragraph d, Code 33 2020, is amended to read as follows: 34 d. Transfer to the baseball and softball complex sales tax 35 -8- LSB 5731XL (18) 88 jm/jh 8/ 46
S.F. _____ H.F. _____ rebate fund that portion of the sales tax receipts described 1 in subsection 1 , paragraph “b” , remaining after the transfers 2 required under paragraphs “a” , “0b” , and “b” , and “c” of this 3 subsection 2 . This paragraph is repealed thirty days following 4 the date on which five million dollars in total rebates have 5 been provided under section 423.4, subsection 10 . 6 Sec. 28. Section 423.5, subsection 1, unnumbered paragraph 7 1, Code 2020, is amended to read as follows: 8 Except as provided in paragraph “c” , an excise tax at the 9 rate of six percent specified in subsection 4 of the purchase 10 price or installed purchase price is imposed on the following: 11 Sec. 29. Section 423.5, subsection 4, Code 2020, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 4. a. For the period beginning January 1, 2021, and ending 15 December 31, 2051, the use tax rate is seven percent. 16 b. Beginning January 1, 2051, the use tax rate is six 17 percent. 18 Sec. 30. Section 423.43, subsection 1, paragraph b, Code 19 2020, is amended to read as follows: 20 b. Subsequent to the deposit into the general fund of 21 the state and after the transfer of such revenues collected 22 under chapter 423B , the department shall transfer one-sixth 23 one-seventh of such remaining revenues to the secure an 24 advanced vision for education fund created in section 423F.2 . 25 This paragraph is repealed January 1, 2051. 26 Sec. 31. EFFECTIVE DATE. This division of this Act takes 27 effect January 1, 2021. 28 DIVISION VII 29 WATER SERVICE TAX REPEAL 30 Sec. 32. Section 421.71, subsection 3, Code 2020, is amended 31 to read as follows: 32 3. Private cause of action immunity for overpayment of 33 certain taxes. 34 a. A taxpayer, or any person required to collect taxes 35 -9- LSB 5731XL (18) 88 jm/jh 9/ 46
S.F. _____ H.F. _____ imposed under chapters 423 , 423A , 423B , 423C , and 423D , and 1 chapter 423G , Code 2020, shall be immune from any private cause 2 of action arising from or related to the overpayment of taxes 3 imposed under chapters 423 , 423A , 423B , 423C , and 423D , and 4 chapter 423G , Code 2020, that are collected and remitted to the 5 department. 6 b. Nothing in this subsection shall apply to or otherwise 7 limit any of the following: 8 (1) Any claim, action, mandate, power, remedy, or 9 discretion of the department, or an agent or designee of the 10 department. 11 (2) A taxpayer’s right to seek a refund from the department 12 related to taxes imposed under chapters 423 , 423A , 423B , 423C , 13 and 423D , and chapter 423G , and Code 2020, that are collected 14 from or paid by the taxpayer. 15 Sec. 33. Section 423G.7, Code 2020, is amended by striking 16 the section and inserting in lieu thereof the following: 17 423G.7 Repeal. 18 This chapter is repealed January 1, 2021. 19 Sec. 34. EFFECTIVE DATE. This division of this Act takes 20 effect January 1, 2021. 21 DIVISION VIII 22 SALES AND USE TAX EXEMPTIONS 23 Sec. 35. Section 423.3, subsection 68, paragraph c, 24 subparagraph (1), subparagraph division (a), Code 2020, is 25 amended to read as follows: 26 (a) “Clothing” includes but is not limited to the 27 following: aprons, household and shop; athletic supporters; 28 baby receiving blankets; bathing suits and caps; beach capes 29 and coats; belts and suspenders; boots; coats and jackets; 30 costumes; diapers (children and adults, including disposable 31 diapers); earmuffs; footlets; formal wear; garters and garter 32 belts; girdles; gloves and mittens for general use; hats 33 and caps; hosiery; insoles for shoes; lab coats; neckties; 34 overshoes; pantyhose; rainwear; rubber pants; sandals; 35 -10- LSB 5731XL (18) 88 jm/jh 10/ 46
S.F. _____ H.F. _____ scarves; shoes and shoelaces; slippers; sneakers; socks and 1 stockings; steel-toed shoes; underwear; uniforms, athletic and 2 nonathletic; and wedding apparel. 3 Sec. 36. Section 423.3, Code 2019, is amended by adding the 4 following new subsections: 5 NEW SUBSECTION . 107. The sales price from the sale of 6 feminine hygiene products. For purposes of this subsection, 7 “feminine hygiene products” means sanitary napkins, tampons, or 8 other similar items used for feminine hygiene. 9 NEW SUBSECTION . 108. The sales price from the sale of a 10 child or adult diaper, whether cloth or disposable. 11 Sec. 37. EFFECTIVE DATE. This division of this Act takes 12 effect January 1, 2021. 13 DIVISION IX 14 JUVENILE COURT EXPENSES 15 Sec. 38. Section 232.141, subsection 2, unnumbered 16 paragraph 1, Code 2020, is amended to read as follows: 17 All of the following juvenile court expenses are a charge 18 upon the county in which the proceedings are held, to the 19 extent provided in subsection 3 shall be paid from the indigent 20 defense fund established in section 815.11 in accordance with 21 this chapter and chapters 13B and 815 : 22 Sec. 39. Section 232.141, subsections 3 and 7, Code 2020, 23 are amended by striking the subsections. 24 Sec. 40. Section 602.1302, subsection 4, Code 2020, is 25 amended to read as follows: 26 4. The judicial branch shall reimburse counties for the 27 costs of witness and mileage fees and for attorney fees to the 28 extent paid pursuant to section 232.141, subsection 1 . 29 Sec. 41. Section 602.1303, subsection 4, Code 2020, is 30 amended to read as follows: 31 4. A county shall pay the costs incurred in connection with 32 the administration of juvenile justice to the extent provided 33 under section 232.141 . 34 Sec. 42. Section 815.11, Code 2020, is amended to read as 35 -11- LSB 5731XL (18) 88 jm/jh 11/ 46
S.F. _____ H.F. _____ follows: 1 815.11 Appropriations for indigent defense —— fund created. 2 Costs incurred for legal representation by a court-appointed 3 attorney under chapter 229A , 665 , 822 , or 908 , or section 4 232.141, subsection 3 , paragraph “d” 2 , or section 598.23A , 5 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or 815.10 on 6 behalf of an indigent shall be paid from moneys appropriated 7 by the general assembly to the office of the state public 8 defender in the department of inspections and appeals and 9 deposited in an account to be known as the indigent defense 10 fund. Costs incurred representing an indigent defendant in 11 a contempt action, or representing an indigent juvenile in a 12 juvenile court proceeding, are also payable from the fund. 13 However, costs incurred in any administrative proceeding or in 14 any other proceeding under this chapter or chapter 598 , 600 , 15 600A , 633 , 633A , 814 , or 915 or other provisions of the Code or 16 administrative rules are not payable from the fund. 17 DIVISION X 18 MENTAL HEALTH REGION FUNDING 19 Sec. 43. Section 225C.4, subsection 1, paragraph i, Code 20 2020, is amended by striking the paragraph. 21 Sec. 44. Section 225C.7A, Code 2020, is amended by striking 22 the section and inserting in lieu thereof the following: 23 225C.7A Mental health and disability services state 24 supplement fund. 25 1. A mental health and disability services state supplement 26 fund is created in the office of the treasurer of state under 27 the authority of the department. The fund shall be separate 28 from the general fund of the state and the balance in the fund 29 shall not be considered part of the balance of the general fund 30 of the state. Moneys in the fund include appropriations made 31 to the fund, and other moneys deposited into the fund. Moneys 32 in the fund shall be used solely for purposes of making state 33 supplement payments under this section. For each fiscal year 34 beginning on or after July 1, 2020, the moneys available in a 35 -12- LSB 5731XL (18) 88 jm/jh 12/ 46
S.F. _____ H.F. _____ fiscal year in the mental health and disability services state 1 supplement fund are appropriated to the department and shall 2 be distributed to each county on a per capita basis calculated 3 using each county’s population, as defined in section 331.424A, 4 for that fiscal year. 5 2. For a county to be eligible to receive a state supplement 6 payment under this section, the county, or the county’s mental 7 health and disability services region on behalf of the county, 8 shall submit a core services domain report to the department 9 on or before a date established by the department by rule. 10 The contents of the report, to be determined by rule of the 11 department in consultation with the commission, shall enable 12 the department to evaluate, along with other information 13 available to the department, including annual reports and 14 annual service and budget plans submitted under section 15 331.393, whether each county or the county’s mental health 16 and disability services region is in substantial compliance 17 with the required core service domains under section 331.397, 18 subsection 4, and section 331.397A, subsection 4. On or before 19 a date established by the department by rule, the department 20 shall review all core service domain reports and notify each 21 county of the results of the review. If the county is not in 22 substantial compliance with the required core service domains 23 under section 331.397, subsection 4, and section 331.397A, 24 subsection 4, and the county or the county’s region has 25 failed to comply with the corrective action plan under section 26 331.389, subsection 5, paragraph “a” , the department shall 27 reduce the amount of the state supplement payment by an amount 28 commensurate with the level of noncompliance, not to exceed 29 fifteen percent of the state supplement payment amount pursuant 30 to section 331.389, subsection 5, paragraph “b” . 31 3. State supplement payments received by a county shall be 32 deposited in the county services fund under section 331.424A 33 and used solely for the purposes authorized in section 34 331.424A, subsection 3. 35 -13- LSB 5731XL (18) 88 jm/jh 13/ 46
S.F. _____ H.F. _____ Sec. 45. Section 249N.8, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. Biennially, a report of the results of a review, by 3 county and region, of mental health services previously funded 4 through taxes levied by counties pursuant to section 331.424A , 5 that are funded during the reporting period under the Iowa 6 health and wellness plan. 7 Sec. 46. Section 331.389, subsection 5, paragraph b, Code 8 2020, is amended to read as follows: 9 b. Reduce the amount of the annual state funding provided 10 for the regional service system, including state supplement 11 payment amounts under section 225C.7A, not to exceed fifteen 12 percent of the amount. 13 Sec. 47. Section 331.391, subsection 3, Code 2020, is 14 amended by striking the subsection. 15 Sec. 48. Section 331.398, subsection 1, Code 2020, is 16 amended to read as follows: 17 1. The financing of a regional mental health and disability 18 service system is limited to a fixed budget amount. The fixed 19 budget amount shall be the amount identified in a regional 20 service system management plan and budget for the fiscal year. 21 A region shall receive state funding for growth in non-Medicaid 22 expenditures through the mental health and disability regional 23 services fund created in section 225C.7A to address increased 24 service costs, additional service populations, additional core 25 service domains, and increased numbers of persons receiving 26 services. 27 Sec. 49. Section 331.424A, subsection 1, paragraphs a and g, 28 Code 2020, are amended by striking the paragraphs. 29 Sec. 50. Section 331.424A, subsection 1, paragraph h, Code 30 2020, is amended to read as follows: 31 h. “Statewide per capita expenditure target amount” means 32 forty-seven twelve dollars and twenty-eight fifty cents. 33 Sec. 51. Section 331.424A, subsection 5, Code 2020, is 34 amended to read as follows: 35 -14- LSB 5731XL (18) 88 jm/jh 14/ 46
S.F. _____ H.F. _____ 5. Receipts from the state or federal government for the 1 mental health and disability services administered or paid for 2 by a county shall be credited to the county services fund, 3 including moneys distributed to the county from the department 4 of human services under section 225C.7A and moneys allocated 5 under chapter 426B . 6 Sec. 52. Section 331.424A, subsection 8, Code 2020, is 7 amended by striking the subsection. 8 Sec. 53. Section 331.424A, subsection 9, Code 2020, is 9 amended to read as follows: 10 9. a. For the fiscal year beginning July 1, 2017 2020 , 11 and each subsequent fiscal year, the county budgeted amount 12 determined for each county shall be the amount necessary to 13 meet the county’s financial obligations for the payment of 14 services provided under the regional service system management 15 plan approved pursuant to section 331.393 , not to exceed an 16 amount equal to the product of the regional statewide per 17 capita expenditure target amount multiplied by the county’s 18 population, and, for fiscal years beginning on or after July 1, 19 2023, reduced by the amount of the county’s cash flow reduction 20 amount for the fiscal year calculated under subsection 4 , if 21 applicable. 22 b. If a county officially joins a different region, the 23 county’s budgeted amount shall be the amount necessary to meet 24 the county’s financial obligations for payment of services 25 provided under the new region’s regional service system 26 management plan approved pursuant to section 331.393 , not to 27 exceed an amount equal to the product of the new region’s 28 regional per capita expenditure target amount multiplied by 29 the county’s population, and, for fiscal years beginning on 30 or after July 1, 2023, reduced by the amount of the county’s 31 cash flow reduction amount for the fiscal year calculated under 32 subsection 4 , if applicable. 33 Sec. 54. Section 347.7, subsection 1, paragraph c, Code 34 2020, is amended to read as follows: 35 -15- LSB 5731XL (18) 88 jm/jh 15/ 46
S.F. _____ H.F. _____ c. For the fiscal years beginning July 1, 2017, July 1, 1 2018, and July 1, 2019, if a county public hospital is located 2 in a county having a population of two hundred twenty-five 3 thousand or over and having a county budgeted amount for the 4 fiscal year under section 331.424A, subsection 9 , Code 2020, 5 equal to the product of the regional per capita expenditure 6 target amount multiplied by the county’s population, as those 7 terms are defined in section 331.424A , Code 2020, the board 8 of trustees shall appropriate for payment on July 1 of each 9 such fiscal year from the county public hospital fund to the 10 board of supervisors for deposit in the county services fund 11 created pursuant to section 331.424A , two million eight hundred 12 thousand dollars, and the county public hospital shall, in each 13 such fiscal year, contract with the county in which the county 14 public hospital is located to provide care and treatment to 15 patients who are residents of the county and whose costs for 16 such care and treatment would otherwise qualify for payment 17 from the county services fund under section 331.424A , in an 18 amount equal to three million five hundred thousand dollars. 19 Sec. 55. COUNTY BUDGET RECERTIFICATION —— REGIONAL SERVICE 20 SYSTEM MANAGEMENT PLAN AMENDMENT —— TAXES CERTIFIED. 21 1. If this Act takes effect on or after March 31, 2020, 22 notwithstanding section 24.17, for the fiscal year beginning 23 July 1, 2020, a county may recertify the county’s budget as 24 necessary to implement the provisions of this division of this 25 Act. A budget recertified pursuant to this section must be 26 recertified in duplicate to the county auditor not later than 27 thirty days after the effective date of this division of this 28 Act, and protests to the budget shall be filed not later than 29 ten days after the county’s budget is recertified. 30 2. To the extent necessary to implement the provisions 31 of this division of this Act, a mental health and disability 32 services region may amend the region’s regional service system 33 management plan or annual service and budget plan approved 34 under section 331.393 for the fiscal year beginning July 1, 35 -16- LSB 5731XL (18) 88 jm/jh 16/ 46
S.F. _____ H.F. _____ 2020. 1 3. To the extent necessary to implement the provisions of 2 this division of this Act, the department of management may, 3 notwithstanding section 24.17, for the fiscal year beginning 4 July 1, 2020, certify the taxes back to the applicable county 5 auditor after June 15. 6 Sec. 56. EMERGENCY RULES. The department of human services 7 may adopt emergency rules under section 17A.4, subsection 3, 8 and section 17A.5, subsection 2, paragraph “b”, to implement 9 the provisions of this division of this Act and the rules shall 10 be effective immediately upon filing unless a later date is 11 specified in the rules. Any rules adopted in accordance with 12 this section shall also be published as a notice of intended 13 action as provided in section 17A.4. 14 Sec. 57. APPLICABILITY. This division of this Act applies 15 July 1, 2020, for fiscal years beginning on or after that date. 16 Sec. 58. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION XI 19 NATURAL RESOURCES AND OUTDOOR RECREATION TRUST FUND 20 Sec. 59. Section 2.45, Code 2020, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 5A. a. The legislative natural resources 23 and outdoor recreation trust fund review committee which 24 shall be composed of ten members of the general assembly, 25 consisting of five members from each chamber, to be appointed 26 by the legislative council. In appointing the five members 27 of each chamber to the committee, the council shall appoint 28 three members from the majority party and two members from the 29 minority party. 30 b. The legislative natural resources and outdoor recreation 31 trust fund review committee shall have the powers and duties 32 described in section 2.49. 33 c. This subsection is repealed December 31, 2050. 34 Sec. 60. NEW SECTION . 2.49 Legislative natural resources 35 -17- LSB 5731XL (18) 88 jm/jh 17/ 46
S.F. _____ H.F. _____ and outdoor recreation trust fund review committee. 1 1. The legislative natural resources and outdoor recreation 2 trust fund review committee shall meet during the legislative 3 interim in calendar years 2029, 2039, and 2049. The committee 4 shall consider the most effective ways to manage trust fund 5 moneys to further the purpose of Article VII, section 10, of 6 the Constitution of the State of Iowa. As part of its duties, 7 the committee may consider any of the following: 8 a. The administration of the trust fund, trust accounts, and 9 designated funds as provided in chapter 461. 10 b. The effectiveness of initiatives supported by trust fund 11 moneys as provided in chapter 461. 12 2. The committee shall report to the legislative council 13 the results of its considerations, which may include 14 recommendations and proposed legislation for consideration 15 during the next session of the general assembly. 16 3. This section is repealed December 31, 2050. 17 Sec. 61. Section 8.57, subsection 5, paragraph f, 18 subparagraph (1), subparagraph division (c), Code 2020, is 19 amended by striking the subparagraph division. 20 Sec. 62. Section 8.57, subsection 5, paragraph f, 21 subparagraph (1), subparagraph division (f), Code 2020, is 22 amended to read as follows: 23 (f) For the fiscal year beginning July 1, 2018, and for 24 each fiscal year thereafter, the total moneys in excess of the 25 moneys deposited under this paragraph “f” in the revenue bonds 26 debt service fund, the revenue bonds federal subsidy holdback 27 fund, the vision Iowa fund, the water quality infrastructure 28 fund, the Iowa skilled worker and job creation fund, and the 29 general fund of the state shall be deposited in the rebuild 30 Iowa infrastructure fund and shall be used as provided in this 31 section , notwithstanding section 8.60 . 32 Sec. 63. Section 8.57B, subsection 1, Code 2020, is amended 33 to read as follows: 34 1. a. A water quality infrastructure fund is created within 35 -18- LSB 5731XL (18) 88 jm/jh 18/ 46
S.F. _____ H.F. _____ the division of soil conservation and water quality of the 1 department of agriculture and land stewardship. 2 b. The fund shall consist of moneys deposited in the 3 fund pursuant to section 8.57, subsection 5 , paragraph “f” , 4 subparagraph (1), subparagraph division (c), moneys all of the 5 following: 6 (1) (a) Moneys transferred to the fund pursuant to section 7 423G.6 , and 461.33. 8 (b) This subparagraph (1) is repealed December 31, 2050. 9 (2) Moneys transferred or appropriations made to the fund 10 and transfers of interest, earnings, and moneys from other 11 funds as provided by law. 12 Sec. 64. Section 16.134A, subsection 2, paragraph a, Code 13 2020, is amended to read as follows: 14 a. (1) Moneys transferred to the fund pursuant to section 15 423G.6 sections 461.33 and 461.34 . 16 (2) This paragraph “a” is repealed on January 1, 2030 17 December 31, 2050 . 18 Sec. 65. Section 455A.17, Code 2020, is amended by striking 19 the section and inserting in lieu thereof the following: 20 455A.17 Regional meetings. 21 1. Beginning in calendar year 2023, and every four 22 calendar years thereafter, the department shall arrange 23 and conduct regional meetings to identify opportunities for 24 regional resource enhancement and protection, and to review 25 and recommend changes in resource enhancement and protection 26 policies, programs, and funding. The department shall provide 27 outreach and educational services to those attending, which 28 shall include the distribution of information regarding 29 resource enhancement and protection expenditures. The 30 department shall promote attendance of interested persons for 31 each regional meeting. 32 2. The expenses of the department in making the arrangements 33 for and conducting regional meetings and providing outreach and 34 educational services shall be paid from moneys credited to the 35 -19- LSB 5731XL (18) 88 jm/jh 19/ 46
S.F. _____ H.F. _____ administration fund created in section 456A.17. 1 Sec. 66. Section 455A.18, subsection 1, Code 2020, is 2 amended to read as follows: 3 1. a. An Iowa resources enhancement and protection fund is 4 created in the office of the treasurer of state. 5 b. The fund consists of all revenues of the following: 6 (1) (a) Moneys allocated from the natural resources and 7 outdoor recreation trust fund as provided in section 461.35. 8 (b) This subparagraph (1) is repealed December 31, 2050. 9 (2) Revenue and all other moneys lawfully credited or 10 transferred to the fund. 11 c. The director shall certify monthly the portions of the 12 fund that are allocated to the various accounts as provided 13 under section 455A.19 . The director shall certify before the 14 twentieth of each month the portions of the fund resulting from 15 the previous month’s receipts to be allocated to the various 16 accounts. 17 Sec. 67. Section 455A.18, subsection 3, Code 2020, is 18 amended to read as follows: 19 3. a. For each fiscal year of the fiscal period beginning 20 July 1, 1997, and ending June 30, 2021, there is appropriated 21 from the general fund, to the Iowa resources enhancement and 22 protection fund, the amount of twenty million dollars, to be 23 used as provided in this chapter . However, in any fiscal 24 year of the fiscal period, if moneys from the lottery are 25 appropriated by the state to the fund, the amount appropriated 26 under this subsection shall be reduced by the amount 27 appropriated from the lottery. 28 b. Section 8.33 does not apply to moneys appropriated under 29 this subsection credited to the fund . 30 Sec. 68. Section 461.2, Code 2020, is amended to read as 31 follows: 32 461.2 Definitions. 33 As used in this chapter , unless the context otherwise 34 requires: 35 -20- LSB 5731XL (18) 88 jm/jh 20/ 46
S.F. _____ H.F. _____ 1. “Authority” means the economic development authority 1 created in section 15.105. 2 2. “Department” “Custodial department” means the department 3 of agriculture and land stewardship, the department of 4 management, the department of natural resources, or the 5 department of transportation. 6 3. “Designated fund” means the water quality infrastructure 7 fund created in section 8.57B, the water quality financial 8 assistance fund created in section 16.134A, or the Iowa 9 resources enhancement and protection fund created in section 10 455A.18. 11 2. 4. “Fiscal year” means the state fiscal year effective 12 as provided in section 3.12 . 13 3. 5. “Initiative” includes a program, project, practice, 14 strategy, or plan established or administered by an agency that 15 furthers , or under the supervision or oversight of, a custodial 16 department or the Iowa finance authority, if the initiative is 17 supported in whole or in part by trust fund moneys to further a 18 constitutional purpose as provided in section 461.3 . 19 6. “Iowa nutrient reduction strategy” means the same as 20 defined in section 455B.171. 21 7. “Nonpoint source” means a source of pollution other than 22 a point source. 23 8. “Point source” means the same as defined in section 24 455B.171. 25 9. “Public use area” means a park, preserve, recreation 26 area, forest, water body, or a land or water trail owned or 27 managed by the state or a political subdivision of the state. 28 4. 10. “Recreational purpose” includes means only hunting , ; 29 trapping , ; angling , ; horseback riding , ; swimming , ; boating , ; 30 camping , ; picnicking , ; hiking , ; biking; recreational shooting; 31 archery; using land or water trails; bird watching , ; nature 32 study , ; water skiing , ; snowmobiling , other summer and winter 33 sports, and ; or viewing or enjoying historical, archaeological, 34 scenic, or scientific sites. 35 -21- LSB 5731XL (18) 88 jm/jh 21/ 46
S.F. _____ H.F. _____ 11. “Trust account” means the natural resources trust 1 account created in section 461.32, the soil conservation and 2 nonpoint source water protection trust account created in 3 section 461.33, the watershed protection trust account created 4 in section 461.34, the local conservation partnership trust 5 account created in section 461.36, the water and land trails 6 trust account created in section 461.37, or the lake and stream 7 restoration trust account created in section 461.38. 8 5. 12. “Trust fund” means the natural resources and outdoor 9 recreation trust fund created in section 461.31 . 10 6. 13. “Trust fund moneys” means moneys originating from 11 credited to the natural resources and outdoor recreation trust 12 fund or moneys allocated from the trust fund, including but not 13 limited to moneys allocated to a trust account or allocated or 14 transferred to a designated fund . 15 14. “Water trail” means a point-to-point travel system on a 16 navigable water body capable of supporting a floating vessel 17 capable of carrying one or more persons on a recommended route 18 connecting the points. 19 Sec. 69. Section 461.3, Code 2020, is amended to read as 20 follows: 21 461.3 Constitutional purpose , and implementation , and 22 revenue . 23 1. This chapter is created for the constitutional purposes 24 of protecting and enhancing water quality and natural areas 25 in this state, including parks, trails, and fish and wildlife 26 habitat, and conserving agricultural soils in this state. 27 2. This chapter is intended to implement Article VII, 28 section 10, of the Constitution of the State of Iowa by 29 establishing the natural resources and outdoor recreation 30 trust fund, accounts in the including trust fund accounts , 31 and appropriating or allocating trust fund moneys to support 32 initiatives specified in subchapter IV . This chapter shall not 33 be construed to require the state to appropriate, allocate, 34 or transfer other moneys to support those initiatives or 35 -22- LSB 5731XL (18) 88 jm/jh 22/ 46
S.F. _____ H.F. _____ constitutional purposes. 1 Sec. 70. Section 461.11, subsection 2, Code 2020, is amended 2 to read as follows: 3 2. The heads of each department receiving trust fund moneys 4 the custodial departments and the director of the authority 5 shall regularly meet and whenever practicable collaborate 6 in decision making including by adopting rules, providing 7 for the administration of the trust fund and trust accounts, 8 establishing funding priorities, and determining when it is 9 beneficial to provide joint funding of initiatives. 10 Sec. 71. NEW SECTION . 461.20 Information regarding trust 11 fund moneys. 12 1. Each year the department of revenue shall calculate 13 an estimate of the total revenue to be transferred to the 14 trust fund during the following fiscal year as required 15 pursuant to section 423.2A. Not later than May 1 of each 16 year, the department of revenue shall submit the estimate to 17 each custodial department, the authority, and the legislative 18 services agency. 19 2. A custodial department shall at least annually notify the 20 legislative services agency of transfers of trust fund moneys 21 from a trust account to another trust account or designated 22 fund as authorized in this chapter. 23 Sec. 72. Section 461.21, Code 2020, is amended to read as 24 follows: 25 461.21 Audit. 26 1. The auditor of state or a certified public accounting 27 firm appointed by the auditor of state shall conduct an annual 28 audit of the trust fund and all trust accounts and transactions 29 of the trust fund and trust accounts in the same manner as 30 provided for departments pursuant to chapter 11, subchapter I . 31 2. The auditor of state or the certified public accounting 32 firm appointed by the auditor as provided in subsection 1 33 shall be paid from trust fund moneys without reducing the 34 percentage of trust fund moneys distributed allocated to the 35 -23- LSB 5731XL (18) 88 jm/jh 23/ 46
S.F. _____ H.F. _____ Iowa resources enhancement and protection fund or any one a 1 trust account established or designated fund pursuant to this 2 chapter subchapter IV . 3 Sec. 73. Section 461.22, Code 2020, is amended to read as 4 follows: 5 461.22 Report Trust fund report . 6 The three departments department of management shall jointly 7 prepare and submit to the governor and the general assembly not 8 later than January 15 of each year a complete trust fund report 9 for the preceding fiscal year in an electronic format detailing 10 all of the following: 11 1. The receipts and expenditures of the trust fund and its 12 trust accounts, a summary of initiatives supported by trust 13 fund moneys, the results of those expenditures, any performance 14 goals or measurements, and plans for future short-term or 15 long-term expenditures. 16 2. Recommendations An evaluation of the use of trust fund 17 moneys to further progress in achieving the goals of the Iowa 18 nutrient reduction strategy as prepared by the department of 19 agriculture and land stewardship, the department of natural 20 resources, and the college of agriculture and life sciences 21 of the Iowa state university of science and technology. The 22 evaluation shall be based on the latest credible findings and 23 recommendations recognized by those entities. The evaluation 24 may include recommendations to the governor and general 25 assembly, including legislation proposed by one or more of the 26 departments entities . 27 Sec. 74. Section 461.23, Code 2020, is amended to read as 28 follows: 29 461.23 Rules. 30 The department of revenue, the department of agriculture and 31 land stewardship, the department of management, the department 32 of natural resources, and the department of transportation , the 33 Iowa finance authority, and the economic development authority 34 shall adopt rules separately or jointly as necessary in order 35 -24- LSB 5731XL (18) 88 jm/jh 24/ 46
S.F. _____ H.F. _____ to implement and administer this chapter . 1 Sec. 75. Section 461.24, Code 2020, is amended by striking 2 the section and inserting in lieu thereof the following: 3 461.24 Public listing. 4 The department of management shall publish and maintain a 5 public listing of moneys credited to and allocated from the 6 trust fund, trust fund moneys allocated or transferred from 7 trust accounts, and trust fund moneys allocated or transferred 8 to designated funds to support initiatives. This section does 9 not require the disclosure of information that is confidential 10 as provided by rules adopted pursuant to section 461.23. 11 Sec. 76. NEW SECTION . 461.25 Use of trust fund moneys. 12 1. A custodial department shall not appropriate, allocate, 13 or transfer trust fund moneys except as provided in this 14 chapter. However, this subsection shall not be construed to 15 limit a custodial department from using trust fund moneys with 16 another person, including a custodial department, when engaging 17 in a joint initiative as authorized by law. 18 2. During any fiscal year, a custodial department shall not 19 use more than five percent of trust fund moneys allocated to 20 a trust account to pay for expenses incurred in administering 21 trust fund moneys allocated to that trust account. 22 3. In administering the use of trust fund moneys allocated 23 to a trust account, a custodial department shall provide a 24 higher priority to supporting initiatives that further goals of 25 the Iowa nutrient reduction strategy. 26 4. A custodial department shall administer the use of 27 trust fund moneys to support an initiative having primarily 28 a recreational purpose only if such use is in cooperation 29 with the authority. The authority shall review, score, and 30 rank applications to support such initiatives as part of a 31 competitive evaluation process. The scoring criteria must 32 further the economic development policy of the state as 33 provided in chapter 15. 34 5. When making a determination to support competing 35 -25- LSB 5731XL (18) 88 jm/jh 25/ 46
S.F. _____ H.F. _____ proposed initiatives relating to a public use area that 1 benefits a locality, a custodial department or the authority 2 shall provide a higher priority to supporting an initiative to 3 improve an existing public use area. 4 6. When making a determination to support a proposed 5 initiative to establish, improve, or expand a land trail, 6 the proposal shall not be approved unless the sponsor of the 7 proposal demonstrates to the custodial department or other 8 entity making the funding decision how the trail is to be 9 maintained by other sources of revenue. 10 7. In administering the use of trust fund moneys allocated 11 to a trust account to support an initiative relating to 12 the management of land, this chapter does not do any of the 13 following: 14 a. Prohibit the farming of the land in a manner that is 15 consistent with the Iowa nutrient reduction strategy. 16 b. Require a separation distance between an animal feeding 17 operation and a public use area that is more restrictive than 18 if the land were not managed pursuant to the initiative. 19 8. Trust fund moneys shall not be used to support any of the 20 following: 21 a. An initiative that establishes, improves, or expands a 22 single or multipurpose athletic field, baseball or softball 23 diamond, tennis court, golf course, swimming pool, or other 24 group or organized sport facility. 25 b. The taking of property by exercising the power of eminent 26 domain, including by acquiring property as provided in chapters 27 6A and 6B. 28 Sec. 77. Section 461.31, Code 2020, is amended to read as 29 follows: 30 461.31 Natural resources and outdoor recreation trust fund 31 —— creation. 32 1. A natural resources and outdoor recreation trust fund 33 is created within the state treasury. The trust fund shall be 34 administered by the department of management. 35 -26- LSB 5731XL (18) 88 jm/jh 26/ 46
S.F. _____ H.F. _____ 2. a. The trust fund shall be composed comprised of moneys 1 all of the following: 2 (1) Moneys transferred to the trust fund pursuant to section 3 423.2A. 4 (2) Other moneys required to be credited to the trust 5 fund by law and moneys accepted by a custodial department for 6 placement in an account established in this subchapter and the 7 trust fund from any source. 8 b. Trust fund moneys are exclusively appropriated by law 9 to carry out the constitutional purposes provided described in 10 section 461.3 . 11 c. Trust fund moneys shall supplement and not replace 12 moneys appropriated by the general assembly to support the 13 constitutional purposes provided in section 461.3 . 14 d. Trust fund moneys shall only be used to support voluntary 15 initiatives and shall not be used for regulatory efforts, 16 enforcement actions, or litigation. 17 3. In administering a trust fund account, a custodial 18 department may contract, sue and be sued, and authorize payment 19 for costs, fees, commissions, and other reasonable expenses 20 from the trust account. However, a custodial department shall 21 not in any manner directly or indirectly pledge the credit of 22 this state. 23 4. a. Except as provided in paragraph “b” , the treasurer 24 of state shall, each month as directed by the department of 25 management, allocate all trust fund moneys that have been 26 credited to the trust fund, including moneys transferred to the 27 trust fund as provided in section 423.2A, to each trust account 28 and designated fund as provided in this subchapter. 29 b. Notwithstanding sections 461.32 through 461.38, for the 30 fiscal year beginning July 1, 2021, and for each subsequent 31 fiscal year, only that amount as authorized by an Act of 32 the general assembly shall be allocated from the trust fund 33 to a trust account or designated fund as provided in this 34 subchapter. However, if for a fiscal year no Act of the 35 -27- LSB 5731XL (18) 88 jm/jh 27/ 46
S.F. _____ H.F. _____ general assembly authorizes trust fund moneys to be allocated 1 from the trust fund, the trust fund moneys shall be allocated 2 from the trust fund to the trust accounts and designated funds 3 as provided in this subchapter by operation of law. 4 5. a. Notwithstanding section 8.33 , any unexpended balance 5 in the trust fund or in an a trust account created within the 6 trust fund at the end of each fiscal year shall be retained in 7 the trust fund or the respective trust account. 8 b. Notwithstanding section 12C.7, subsection 2 , interest or 9 earnings on investments or time deposits of the moneys in the 10 trust fund and its respective trust accounts shall be credited 11 to the trust fund and its respective trust accounts. 12 c. The recapture of awards originating from an a trust 13 account and other repayments to an a trust account shall be 14 retained in that trust account. 15 Sec. 78. Section 461.32, Code 2020, is amended to read as 16 follows: 17 461.32 Natural resources trust account —— allocations. 18 1. A natural resources trust account is created in the trust 19 fund. Twenty-three The trust account shall be administered by 20 the department of natural resources. 21 2. Eighteen percent of the moneys credited to the trust fund 22 shall be allocated to the trust account. 23 2. 3. The trust account shall be used by the department of 24 natural resources to support all of the following initiatives: 25 a. The establishment, restoration, or enhancement of state 26 parks, state preserves, state forests, wildlife areas, wildlife 27 habitats, native prairies, and wetlands. 28 (1) A higher priority shall be provided to supporting 29 initiatives for the maintenance, preservation, or restoration 30 of land and a lower priority shall be provided to supporting 31 initiatives for the purchase or acquisition of land. 32 (2) The department shall utilize an index that includes a 33 comprehensive assessment mechanism to produce a statistically 34 verifiable basis for determining whether to approve or 35 -28- LSB 5731XL (18) 88 jm/jh 28/ 46
S.F. _____ H.F. _____ disapprove the purchase or acquisition of the land. The 1 department shall establish index criteria that justifies the 2 land’s removal from private ownership and use. 3 b. The construction or improvement of facilities located on 4 land owned or managed by the department. 5 b. c. Wildlife diversity. 6 c. d. Recreational purposes. 7 d. e. Technical assistance and financial incentives 8 provided to private landowners to promote the management of 9 forests, fisheries, recreational areas, wetlands, and wildlife. 10 e. f. The improvement of water trails, rivers , and streams. 11 f. g. Education and outreach that provide instruction 12 regarding natural history and the outdoors. The subjects 13 of such instruction may relate to opportunities involving a 14 recreational purposes purpose , outdoor safety, and or ethics. 15 3. The department of natural resources shall to every extent 16 possible consider its comprehensive plan provided in section 17 456A.31 when making funding decisions. 18 Sec. 79. Section 461.33, Code 2020, is amended to read as 19 follows: 20 461.33 Soil conservation and nonpoint source water protection 21 trust account —— allocations. 22 1. A soil conservation and nonpoint source water protection 23 trust account is created in the trust fund. Twenty The trust 24 account shall be administered by the department of agriculture 25 and land stewardship. 26 2. Thirty-four percent of the moneys credited to the trust 27 fund shall be allocated to the trust account. 28 3. Forty-seven percent of trust fund moneys allocated to 29 the trust account shall first be transferred as directed by the 30 department to any or all of the following: 31 a. The water quality infrastructure fund created in section 32 8.57B to support water quality agriculture infrastructure 33 programs created in section 466B.43 in order to reduce nutrient 34 loads from nonpoint sources. 35 -29- LSB 5731XL (18) 88 jm/jh 29/ 46
S.F. _____ H.F. _____ b. The water quality financial assistance fund created 1 in section 16.134A to support the water quality urban 2 infrastructure program created in section 466B.44. 3 2. 4. a. The account shall be used by the department of 4 agriculture and land stewardship remaining trust fund moneys 5 allocated to the trust account shall be used by the department 6 to support all of the following initiatives: 7 a. (1) Soil conservation and watershed protection, 8 including by supporting the department’s division of 9 soil conservation and water quality within the department 10 of agriculture and land stewardship and soil and water 11 conservation district commissioners. The department and 12 commissioners may provide for the installation establishment of 13 conservation practices and watershed protection improvements as 14 provided in chapters 161A , 161C , 461A , and 466 , and 466B . 15 b. (2) The conservation of highly erodible land. The 16 department of agriculture and land stewardship may execute 17 contracts with private landowners who agree to reserve such 18 land only for uses that prevent erosion in excess of the 19 applicable soil loss limits as established in section 161A.44 . 20 c. (3) Soil conservation or crop management practices 21 used on land producing biomass for biorefineries, including 22 cellulosic ethanol production. 23 3. b. The department of agriculture and land stewardship 24 may use unencumbered or unobligated trust fund moneys allocated 25 to the trust account to provide financial incentives or 26 technical assistance to landowners. 27 5. During a fiscal year, the department may transfer 28 unencumbered or unobligated trust fund moneys allocated to 29 the trust account for use by the department as is provided in 30 subsection 4 to any of the following: 31 a. The water quality infrastructure fund created in section 32 8.57B to support water quality agriculture infrastructure 33 programs created in section 466B.43 in order to reduce nutrient 34 loads from nonpoint sources. 35 -30- LSB 5731XL (18) 88 jm/jh 30/ 46
S.F. _____ H.F. _____ b. The water quality financial assistance fund created 1 in section 16.134A to support the water quality urban 2 infrastructure program created in section 466B.44. 3 Sec. 80. Section 461.34, Code 2020, is amended to read as 4 follows: 5 461.34 Watershed protection trust account —— allocations. 6 1. A watershed protection trust account is created in the 7 trust fund. Fourteen The trust account shall be administered 8 by the department of natural resources. 9 2. Fifteen percent of the moneys credited to the trust fund 10 shall be allocated to the trust account. 11 3. Forty-seven percent of trust fund moneys allocated 12 to the trust account shall first be transferred to the water 13 quality financial assistance fund created in section 16.134A 14 for appropriation as provided in that section. 15 2. 4. The account Of the remaining trust fund moneys 16 allocated to the trust account, fifty percent shall be used 17 cooperatively distributed for use by the department of 18 natural resources and the department of agriculture and land 19 stewardship to support all of the following initiatives: 20 a. Water water quality resource projects administered by 21 the department of natural resources to preserve watersheds, 22 including but not limited to all of the following: 23 (1) a. Projects to protect, restore, or enhance water 24 quality in the state through the provision of financial 25 assistance to communities for impairment-based, locally 26 directed watershed projects. The department may use the 27 account trust fund moneys to support the water resource 28 restoration sponsor program as provided in section 455B.199 . 29 (2) b. Regional and community watershed assessment, 30 planning, and prioritization efforts, including as provided in 31 chapter 466B . 32 c. Water quality protection programs provided in section 33 466.7 that relate to any of the following: 34 (1) The administration of geographic information systems 35 -31- LSB 5731XL (18) 88 jm/jh 31/ 46
S.F. _____ H.F. _____ for use in developing, monitoring, and displaying local 1 watershed information. 2 (2) An activity to support the collection and analysis of 3 water quality monitoring. 4 (3) Floodplain permitting. 5 (4) Flood protection education to provide information to 6 local officials regarding floodplain management. 7 b. 5. Surface Of the remaining trust fund moneys allocated 8 to the trust account, fifty percent shall be distributed for 9 use by the department of agriculture and land stewardship 10 to support surface water protection projects and practices 11 administered by the department of agriculture and land 12 stewardship or the department of natural resources, as 13 described in the Iowa nutrient reduction strategy including but 14 not limited to the installation of permanent vegetation cover, 15 filter strips, grass waterways, edge of field practices, and 16 riparian forest buffers; dredging; and bank stabilization. The 17 departments of agriculture and land stewardship and natural 18 resources department may use the account trust fund moneys 19 to support the conservation buffer strip program provided in 20 section 466.4 and the conservation reserve enhancement program 21 as provided in section 466.5 . 22 3. 6. The departments’ A decision by a department to 23 prioritize initiatives may be based on the priority list of 24 watersheds provided in section 456A.33A . 25 7. During a fiscal year, the department of natural 26 resources or the department of agriculture and land stewardship 27 may transfer unencumbered or unobligated trust fund moneys 28 distributed to the custodial department pursuant to subsection 29 4 or 5 to the water quality financial assistance fund created 30 in section 16.134A. 31 Sec. 81. Section 461.35, Code 2020, is amended to read as 32 follows: 33 461.35 Iowa resources enhancement and protection fund —— 34 allocation. 35 -32- LSB 5731XL (18) 88 jm/jh 32/ 46
S.F. _____ H.F. _____ Thirteen Ten percent of the moneys credited to the trust 1 fund shall be allocated to the Iowa resources enhancement 2 and protection fund created in section 455A.18 for further 3 allocation as provided in section 455A.19 . 4 Sec. 82. Section 461.36, Code 2020, is amended by striking 5 the section and inserting in lieu thereof the following: 6 461.36 Local conservation partnership trust account —— 7 allocations. 8 1. A local conservation partnership trust account is 9 created in the trust fund. The trust account shall be 10 administered by the department of natural resources. 11 2. Nine percent of the moneys credited to the trust fund 12 shall be allocated to the trust account. 13 3. The department shall allocate the trust fund moneys 14 credited to the account to local communities participating 15 in the local conservation partnership program as provided in 16 section 461.36A. 17 Sec. 83. NEW SECTION . 461.36A Local conservation 18 partnership program. 19 1. As used in this section, unless the context otherwise 20 requires: 21 a. “Department” means the department of natural resources. 22 b. “Local community” includes a political subdivision or 23 a watershed management authority created pursuant to section 24 466B.22. 25 2. The department shall establish and administer a local 26 conservation partnership program to provide financing to local 27 communities to do any of the following: 28 a. Maintain and improve parks, preserves, wildlife areas, 29 wildlife habitats, native prairies, forests, or wetlands. 30 b. Promote wildlife diversity. 31 c. Further a recreational purpose. 32 d. Improve rivers and streams. 33 e. Sponsor education and outreach programs and projects that 34 provide instruction regarding natural history and the outdoors. 35 -33- LSB 5731XL (18) 88 jm/jh 33/ 46
S.F. _____ H.F. _____ The subjects of such instruction may relate to opportunities 1 involving a recreational purpose, outdoor safety, or ethics. 2 The programs and projects may assist Iowa students studying in 3 fields of science, technology, engineering, and mathematics. 4 f. Further any other purpose described in section 350.1. 5 3. As part of a local conservation partnership under the 6 program, two or more local communities may enter into chapter 7 28E agreements, and a local community may cooperate with 8 the federal government or a nongovernmental organization. 9 A nongovernmental organization shall not be eligible to 10 participate in a local community partnership under the program 11 unless the nongovernmental organization submits an application 12 in association with a political subdivision or county 13 conservation board and enters into a chapter 28E agreement with 14 the political subdivision or county conservation board. 15 4. a. A local community is not eligible to receive moneys 16 from the department under the program to support a local 17 conservation partnership, unless the local community finances 18 a minimum percentage of the estimated or total cost of the 19 initiative, whichever is less. 20 b. The minimum amount of the cost-share contribution by a 21 local community, as described in paragraph “a” , shall be as 22 follows: 23 (1) Ten percent for a local community located in a county 24 having a population of fifteen thousand or less. 25 (2) Twenty-five percent for a local community located in a 26 county having a population of more than fifteen thousand but 27 less than one hundred thousand. 28 (3) Seventy-five percent for a local community located in a 29 county having a population of one hundred thousand or more. 30 Sec. 84. Section 461.37, Code 2020, is amended to read as 31 follows: 32 461.37 Trails Water and land trails trust account —— 33 allocations. 34 1. A water and land trails trust account is created in the 35 -34- LSB 5731XL (18) 88 jm/jh 34/ 46
S.F. _____ H.F. _____ trust fund. Ten The trust account shall be administered by the 1 department of transportation. 2 2. Four percent of the moneys credited to the trust fund 3 shall be allocated to the trust account. 4 2. 3. The Of the amount of trust fund moneys allocated 5 to the trust account, fifty percent shall be distributed for 6 use by the department of transportation and the department of 7 natural resources shall use moneys in the account to support 8 initiatives related to the design, establishment, maintenance, 9 improvement, and expansion of land trails. 10 3. 4. The Of the amount of trust fund moneys allocated to 11 the trust account, fifty percent shall be distributed for use 12 by the department of natural resources may use the account to 13 support the design, establishment, maintenance, improvement, 14 and expansion of water trails. The department shall provide 15 priority to stream restoration. 16 5. a. During a fiscal year, and pursuant to an agreement 17 between the department of transportation and the department 18 of natural resources, either custodial department that is 19 distributed trust fund moneys for use under this section may 20 transfer unencumbered or unobligated trust fund moneys to the 21 other custodial department for use by the other custodial 22 department as provided in this section. 23 b. During a fiscal year, and pursuant to an agreement 24 between the department of transportation and the department 25 of natural resources, the department of transportation 26 may transfer unencumbered or unobligated trust fund moneys 27 allocated to the trust account and distributed for use by 28 the department of transportation to another trust account 29 administered by the department of natural resources for use by 30 the department of natural resources. 31 Sec. 85. Section 461.38, Code 2020, is amended to read as 32 follows: 33 461.38 Lake and stream restoration trust account —— 34 allocations. 35 -35- LSB 5731XL (18) 88 jm/jh 35/ 46
S.F. _____ H.F. _____ 1. A lake and stream restoration trust account is created in 1 the trust fund. Seven The trust account shall be administered 2 by the department of natural resources. 3 2. Ten percent of the moneys credited to the trust fund 4 shall be allocated to the trust account. 5 2. 3. The department of natural resources shall use moneys 6 in allocated to the trust account to support public all of the 7 following: 8 a. Public lake restoration initiatives as follows: 9 a. (1) An initiative shall account for a lake’s 10 recreational purpose , and provide for environmental, aesthetic, 11 ecological, and social value. It must improve water quality 12 further a goal of the Iowa nutrient reduction strategy . 13 b. (2) The department’s A decision by the department to 14 prioritize an initiative may be based on the department’s lake 15 restoration plan and report as provided in section 456A.33B and 16 the Iowa nutrient reduction strategy . 17 b. The stabilization and restoration of stream banks. 18 Sec. 86. NEW SECTION . 461.51 Repeal. 19 This chapter is repealed December 31, 2050. 20 Sec. 87. CODE EDITOR DIRECTIVE. 21 1. The Code editor is directed to make the following 22 transfers: 23 a. Section 461.36A, as enacted in this division of this Act, 24 to section 455A.31. 25 b. Section 461.35, as amended in this division of this Act, 26 to section 461.41. 27 2. The Code editor shall correct internal references in the 28 Code and in any enacted legislation as necessary due to the 29 enactment of this section. 30 Sec. 88. REPEAL. Section 455A.20, Code 2020, is repealed. 31 Sec. 89. EFFECTIVE DATE. This division of this Act takes 32 effect January 1, 2021. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -36- LSB 5731XL (18) 88 jm/jh 36/ 46
S.F. _____ H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to state and local revenue and finances 2 including modifying individual income taxes, sales and use 3 taxes, water service tax, certain tax credits, and provisions 4 relating to county juvenile court expenses and mental health 5 region funding. The bill is organized into divisions. 6 DIVISION I —— INDIVIDUAL INCOME TAX BRACKETS AND RATES 7 BEGINNING 2021 TAX YEAR. Current law provides nine regular tax 8 brackets containing progressively higher amounts of taxable 9 income that are taxed at progressively higher tax rates, from 10 a low of 0.33 percent, to a high of 8.53 percent. The taxable 11 income amounts in each tax bracket are indexed to inflation 12 and increased each year. For tax years beginning on or after 13 January 1, 2021, the bill reduces the tax rate in each bracket, 14 and reduces the number of brackets to eight, as follows: 15 Income over: But not over: Tax 16 1) $0 $3,364 0.30% 17 2) $3,364 $6,728 2.00% 18 3) $6,728 $15,138 3.73% 19 4) $15,138 $25,230 5.07% 20 5) $25,230 $33,640 5.36% 21 6) $33,640 $50,460 5.63% 22 7) $50,460 $75,690 6.97% 23 8) $75,690 or more 7.48% 24 The individual tax rates listed above apply for all tax years 25 beginning on or after January 1, 2021, until such time as a 26 different tax rate takes effect as described in division III. 27 DIVISION II —— CONTINGENT EFFECTIVE DATE IN 2018 IOWA ACTS 28 —— NET GENERAL FUND REVENUES CALCULATION. For purposes of 29 describing contingent individual income tax changes in 2018 30 Iowa Acts, chapter 1161, section 133, the term “trigger year” 31 means the first tax year after the following occurrence: 32 the net general fund revenues for FY 2022 equal or exceed 33 $8,314,600,000, and also equal or exceed 104 percent of the 34 -37- LSB 5731XL (18) 88 jm/jh 37/ 46
S.F. _____ H.F. _____ net general fund revenues for FY 2021; or if the previous 1 conditions are not satisfied, on or after the January 1 2 following the first fiscal year for which the net general 3 fund revenues equal or exceed $8,314,600,000, and also equal 4 or exceed 104 percent of the net general fund revenues for 5 the fiscal year immediately preceding that fiscal year. The 6 bill strikes the above-mentioned condition relating to net 7 general fund revenues exceeding 104 percent of the net general 8 fund revenues for the preceding fiscal year. Therefore, the 9 “trigger year” occurs when net general fund revenues equal 10 or exceed $8,314,600,000 during FY 2022 or any fiscal year 11 thereafter, and the contingent individual income tax changes 12 described in division III of the bill become effective as well 13 as other tax changes in 2018 Iowa Acts, chapter 1161, sections 14 99 through 134. 15 DIVISION III —— FUTURE CONTINGENT INDIVIDUAL INCOME TAXES 16 BEGINNING IN 2023 TAX YEAR. Commencing with the tax year 17 beginning January 1, 2023, the bill reduces the number of 18 individual income tax brackets to four and reduces the tax 19 rates in the aggregate if certain net tax receipt revenue 20 targets are met or exceeded as described in division II of 21 the bill. For a married couple filing a joint return, the 22 taxable income amounts in each individual bracket are doubled. 23 The taxable income amounts in each tax bracket are indexed to 24 inflation and increased each year. The contingent individual 25 income tax brackets and rates are as follows for individuals 26 other than a married couple filing jointly if the certain net 27 tax receipt revenue targets are met or exceeded: 28 Income over: But not over: Tax 29 1) $0 $6,000 4.00% 30 2) $6,000 $30,000 4.45% 31 3) $30,000 $75,000 4.99% 32 4) $75,000 or more 5.50% 33 The contingent income tax brackets and rates for a married 34 couple filing a joint return are as follows if the certain net 35 -38- LSB 5731XL (18) 88 jm/jh 38/ 46
S.F. _____ H.F. _____ tax receipt revenue targets are met or exceeded: 1 Income over: But not over: Tax 2 1) $0 $12,000 4.00% 3 2) $12,000 $60,000 4.45% 4 3) $60,000 $150,000 4.99% 5 4) $150,000 or more 5.50% 6 Current Iowa law allows married persons to file separately 7 on a combined return so there are no separate tax brackets for 8 a married couple filing a joint return. However, the ability 9 for married persons to file separately on a combined return 10 is repealed in the “trigger year” in 2018 Iowa Acts, chapter 11 1161, due to the starting point to calculate Iowa income taxes 12 moving from federal adjusted gross income to federal taxable 13 income, and federal law does not permit married persons to file 14 separately on a combined return. 15 DIVISION IV —— CHILD AND DEPENDENT CARE AND EARLY CHILDHOOD 16 TAX CREDITS. Currently, an individual may claim 30 percent of 17 the federal child and dependent care credit provided in section 18 21 of the Internal Revenue Code against the individual income 19 tax if the individual’s net income is less than $45,000. Under 20 the bill, an individual may claim 30 percent of the federal 21 child and dependent care credit provided in section 21 of the 22 Internal Revenue Code against the individual income tax if the 23 individual’s net income is less than $90,000. 24 The bill also increases the income threshold determining the 25 eligibility of a taxpayer for the early childhood development 26 tax credit. The bill increases the eligibility threshold from 27 a taxpayer whose net income is less than $45,000 per year to 28 less than $90,000 per year. By increasing the eligibility 29 threshold, taxpayers whose net income is less than $90,000 are 30 now eligible to take the early childhood development tax credit 31 equaling 25 percent of the first $1,000 which the taxpayer has 32 paid to others for early childhood development expenses for 33 each dependent ages three through five. 34 The changes in the division apply to tax years beginning on 35 -39- LSB 5731XL (18) 88 jm/jh 39/ 46
S.F. _____ H.F. _____ or after January 1, 2021. 1 DIVISION V —— PRECEPTOR TAX CREDIT. The bill establishes a 2 preceptor tax credit to be administered by the department of 3 public health and the department of revenue. 4 The bill defines “preceptor” to mean a licensed practicing 5 physician who provides on-site education to a medical student 6 or resident at a hospital or medical clinic in a rural area. 7 The bill defines “rural area” to mean any county in the state 8 other than the 10 largest counties according to the most recent 9 federal decennial census. 10 The bill allows a tax credit against the taxes imposed in 11 Code chapter 422, division II (personal income tax), equal 12 to $1,000 per medical student or resident supervised by the 13 preceptor up to a maximum of $10,000 per year. 14 Any tax credit in excess of the preceptor’s tax liability for 15 the tax year is not refundable and shall not be credited to the 16 tax liability for any following year. 17 The credits shall be issued annually on a first-come, 18 first-served basis and shall not exceed $100,000 in cumulative 19 value. 20 The bill specifies that the department of public health in 21 collaboration with the department of revenue shall develop a 22 system for the application, review, and authorization of the 23 issuance of the preceptor tax credit. 24 The bill requires the department of public health and the 25 department of revenue to adopt rules to administer the tax 26 credit. 27 The tax credit applies to tax years beginning on or after 28 January 1, 2021. 29 DIVISION VI —— SALES AND USE TAX. An amendment to the Iowa 30 Constitution was ratified on November 2, 2010, which created 31 a natural resources and outdoor recreation trust fund (fund) 32 and dedicated a portion of state revenues to the fund for 33 the purposes of protecting and enhancing water quality and 34 natural areas in the state including parks, trails, and fish 35 -40- LSB 5731XL (18) 88 jm/jh 40/ 46
S.F. _____ H.F. _____ and wildlife habitat, and conserving agricultural soils in 1 the state (article VII, section 10). The fund is codified in 2 Code section 461.31. Pursuant to the amendment, the amount 3 credited to the fund will be equal to the amount generated 4 by an increase in the state sales tax rate occurring after 5 the effective date of the constitutional amendment, but shall 6 not exceed the amount that a state sales tax rate of 0.375 7 percent would generate. The state sales tax rate has not 8 been increased since the effective date of the constitutional 9 amendment, so no amounts have been credited to the fund. The 10 bill increases the sales tax rate and the use tax rate from 6 11 percent to 7 percent on January 1, 2021. The bill allocates 12 the moneys from the natural resources and outdoor recreation 13 trust fund in another part of the bill. The bill also amends 14 the transfer of sales and use tax revenues to the secure an 15 advanced vision for education fund (SAVE) in Code sections 16 423.2A(2) and 423.43 to ensure that SAVE receives the same 17 amount of sales and use tax revenues as it did prior to the 18 sales and use tax increases provided in the bill. 19 DIVISION VII —— WATER SERVICE TAX REPEAL. Currently, an 20 excise tax at the rate of 6 percent is imposed on the sales 21 price from the sale or furnishing by a water utility of a water 22 service in the state to consumers or users. The bill strikes 23 and replaces the current future repeal provisions of the water 24 service tax in Code section 423G.7 and provides that the water 25 service tax is repealed January 1, 2021. 26 The amendment to Code section 421.71 specifies that the 27 applicable law related to a private cause of action associated 28 with the collection of the water service tax remains in the 29 2020 Code, despite the repeal of the water service tax in the 30 bill. 31 DIVISION VIII —— SALES AND USE TAX EXEMPTIONS. Beginning 32 January 1, 2021, the bill exempts the sale of feminine hygiene 33 products as defined in the bill from the sales tax. The bill 34 also exempts the sale of child and adult diapers on or after 35 -41- LSB 5731XL (18) 88 jm/jh 41/ 46
S.F. _____ H.F. _____ January 1, 2021, whether cloth or disposable. 1 The bill makes a conforming amendment in Code section 2 423.3(68)(c)(1)(a) by striking a reference to child and adult 3 diapers that relate to the tax-free holiday. 4 By operation of Code section 423.6, an item exempt from the 5 imposition of the sales tax is also exempt from the use tax 6 imposed in Code section 423.5. 7 DIVISION IX —— JUVENILE COURT EXPENSES. The bill provides 8 that juvenile court expenses shall be paid from the indigent 9 defense fund established in Code section 815.11. Currently, 10 most juvenile court expenses incurred by a county are 11 eventually paid by the state through the indigent defense 12 fund; however, certain juvenile expenses are a charge upon the 13 county in which the juvenile proceedings are held pursuant to 14 a formula in Code section 232.141(3). The bill strikes the 15 county expense formula in Code section 232.141(3), therefore 16 allowing most juvenile court expenses to be paid from the 17 indigent defense fund without the county paying some expenses 18 based upon the formula. 19 DIVISION X —— MENTAL HEALTH REGION FUNDING. The bill strikes 20 current Code section 225C.7A containing the mental health 21 and disability regional services fund and replaces that Code 22 section by establishing a mental health and disability services 23 state supplement fund under the authority of the department 24 of human services. Moneys in the fund shall be used solely 25 for purposes of making state supplement payments under the 26 Code section. For each fiscal year beginning on or after 27 July 1, 2020, the moneys available in a fiscal year in the 28 mental health and disability services state supplement fund are 29 appropriated to the department of human services and shall be 30 distributed to each county on a per capita basis. 31 For a county to be eligible to receive a state supplement 32 payment, the county, or the county’s mental health and 33 disability services region on behalf of the county, shall 34 submit a core services domain report to the department of human 35 -42- LSB 5731XL (18) 88 jm/jh 42/ 46
S.F. _____ H.F. _____ services on or before a date established by the department by 1 rule. The contents of the report shall enable the department 2 to evaluate, along with other available information, whether 3 each county or the county’s mental health and disability 4 services region is in substantial compliance with the required 5 core service domains under Code section 331.397(4) and Code 6 section 331.397A(4). If the county is not in substantial 7 compliance with the required core service domains and has 8 failed to comply with a corrective action plan required by 9 the department of human services, the department shall reduce 10 the amount of the state supplement payment by an amount 11 commensurate with the level of noncompliance, not to exceed 15 12 percent of the state supplement payment amount. 13 State supplement payments received by a county under new 14 Code section 225C.7A shall be deposited in the county services 15 fund under Code section 331.424A and used solely for payment of 16 services provided under the regional service system management 17 plan. 18 Code section 331.424A(6) establishes the amount certified 19 for levy by the county each fiscal year to raise funds for 20 mental health and disability services under the regional 21 service system. Revenues from taxes imposed by the county 22 credited to the county mental health and disability services 23 fund shall not exceed an amount equal to the county budgeted 24 amount, which is the amount necessary to meet the county’s 25 financial obligations for the payment of services provided 26 under the regional service system management plan, not to 27 exceed an amount equal to the product of the regional per 28 capita expenditure target amount multiplied by the county’s 29 population, and, for fiscal years beginning on or after July 1, 30 2023, reduced by the amount of the county’s cash flow reduction 31 amount. The bill modifies the county budgeted amount that may 32 be certified for levy by the county for such services. For the 33 fiscal year beginning July 1, 2020, and each subsequent fiscal 34 year, the county budgeted amount determined for each county 35 -43- LSB 5731XL (18) 88 jm/jh 43/ 46
S.F. _____ H.F. _____ shall be the amount necessary to meet the county’s financial 1 obligations for the payment of services provided under the 2 regional service system management plan approved pursuant to 3 Code section 331.393, not to exceed an amount equal to the 4 product of the statewide per capita expenditure target amount 5 multiplied by the county’s population, and, for fiscal years 6 beginning on or after July 1, 2023, reduced by the amount of 7 the county’s cash flow reduction amount, if applicable. The 8 statewide per capita expenditure target amount is reduced in 9 the bill from $47.28 to $12.50. 10 If division X of the bill takes effect on or after March 11 31, 2020, a county may recertify the county’s budget for the 12 fiscal year beginning July 1, 2020, as necessary to implement 13 the provisions of division X of the bill. Similarly, to the 14 extent necessary to implement the provisions of division X of 15 the bill, a mental health and disability services region may 16 amend the region’s regional service system management plan or 17 annual service and budget plan for the fiscal year beginning 18 July 1, 2020, and the department of management may, for the 19 fiscal year beginning July 1, 2020, certify the taxes back to 20 the applicable county auditor after June 15. 21 Division X of the bill authorizes the department of human 22 services to adopt emergency rules to implement the provisions 23 of division X of the bill and the rules shall be effective 24 immediately upon filing unless a later date is specified in 25 the rules. However, any emergency rules adopted shall also be 26 published as a notice of intended action as provided in Code 27 section 17A.4. 28 The division takes effect upon enactment and applies July 1, 29 2020, for fiscal years beginning on or after that date. 30 DIVISION XI —— CONSTITUTIONAL IMPLEMENTATION. The bill 31 amends provisions in Code chapter 461 (the natural resources 32 and outdoor recreation Act) that is to implement Article VII, 33 section 10, of the Constitution of the State of Iowa when 34 the sales tax is increased. The Code chapter establishes 35 -44- LSB 5731XL (18) 88 jm/jh 44/ 46
S.F. _____ H.F. _____ the natural resources and outdoor recreation trust fund 1 (trust fund) and associated accounts (renamed trust accounts) 2 supported by a portion of state revenue generated by an 3 increase in the state’s sales tax. The purpose of the 4 constitutional provision is to protect and enhance water 5 quality and natural areas, including parks, trails, and fish 6 and wildlife habitat, and conserve agricultural soils in this 7 state. 8 ALLOCATIONS OF TRUST FUND MONEYS. The bill alters the 9 percentage of moneys to be allocated from the trust fund 10 (trust fund moneys) to its trust accounts, including the 11 natural resources trust account administered by the department 12 of natural resources (DNR), the soil conservation and water 13 protection trust account (renamed the soil conservation and 14 nonpoint source water protection trust account) administered 15 by the department of agriculture and land stewardship (DALS), 16 the watershed protection trust account administered by DNR 17 in cooperation with DALS, the local conservation partnership 18 trust account administered by DNR, the trails trust account 19 (renamed the water and land trails trust account) administered 20 by DOT in cooperation with DNR, and the lake restoration 21 trust account (renamed the lake and stream restoration trust 22 account) administered by DNR. It also reduces the allocations 23 of trust fund moneys to the Iowa resources enhancement and 24 protection (REAP) fund administered by DNR. It transfers 25 trust fund moneys allocated to the renamed soil conservation 26 and nonpoint source water protection trust account and the 27 watershed protection trust account to the water quality 28 infrastructure fund used to support nonpoint water quality 29 programs administered by DALS; and to the water quality 30 financial assistance fund administered by the Iowa finance 31 authority (IFA) to support the wastewater and drinking water 32 treatment financial assistance program (administered by IFA), 33 the water quality financing program (administered by IFA), and 34 the water quality urban infrastructure program (administered by 35 -45- LSB 5731XL (18) 88 jm/jh 45/ 46
S.F. _____ H.F. _____ DALS). The bill revises provisions in the local conservation 1 partnership trust account as a program to be administered 2 by DNR. The bill provides that trust fund moneys may be 3 transferred from the renamed soil conservation and nonpoint 4 source water protection trust account to the water quality 5 infrastructure fund and from the watershed protection trust 6 account to the water quality financial assistance fund upon 7 direction by the custodial department. The bill eliminates 8 current funding sources, including the annual appropriation 9 to the REAP fund from the general fund which is due to expire 10 on June 30, 2021, and both a tax on the sales price on water 11 service, which another division of this bill repeals, and the 12 use of wagering tax receipts, which would otherwise expire on 13 July 1, 2029. 14 ADMINISTRATION. The bill provides that the legislative 15 council is to appoint a committee to review the trust fund and 16 its allocations. The bill requires the economic development 17 authority to be involved in decisions that use trust fund 18 moneys to support initiatives with a recreational purpose. In 19 making decisions to expend trust fund moneys, a higher priority 20 is given to supporting an initiative that furthers a goal of 21 the Iowa nutrient reduction strategy. A higher priority is 22 provided to maintaining or preserving existing public use lands 23 rather than acquiring new land. Several provisions place 24 restrictions upon the use of trust fund moneys for support 25 relating to certain initiatives, including athletic fields or 26 facilities. Trust fund moneys cannot be used to support an 27 exercise of eminent domain powers. 28 REPEAL. Code chapter 461 is repealed December 31, 2050. 29 EFFECTIVE DATE. The division of the bill takes effect 30 January 1, 2021. 31 -46- LSB 5731XL (18) 88 jm/jh 46/ 46