House Study Bill 277 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON MOHR) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for legal and regulatory 2 responsibilities, providing for other properly related 3 matters, and including effective date and retroactive 4 applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2819YC (8) 89 ns/tm

H.F. _____ DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. INSTRUCTIONAL SUPPORT STATE AID —— FY 3 2021-2022. In lieu of the appropriation provided in section 4 257.20, subsection 2, the appropriation for the fiscal year 5 beginning July 1, 2021, and ending June 30, 2022, for paying 6 instructional support state aid under section 257.20 for the 7 fiscal year is zero. 8 Sec. 2. Section 257.35, Code 2021, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 15A. Notwithstanding subsection 1, and in 11 addition to the reduction applicable pursuant to subsection 12 2, the state aid for area education agencies and the portion 13 of the combined district cost calculated for these agencies 14 for the fiscal year beginning July 1, 2021, and ending June 15 30, 2022, shall be reduced by the department of management by 16 twelve million five hundred thousand dollars. The reduction 17 for each area education agency shall be prorated based on the 18 reduction that the agency received in the fiscal year beginning 19 July 1, 2003. 20 DIVISION II 21 CORRECTIVE PROVISIONS 22 Sec. 3. Section 49.73, subsection 2, paragraph b, as enacted 23 by 2021 Iowa Acts, chapter 12, section 36, is amended to read 24 as follows: 25 b. The legislative services agency shall place on the 26 internet site of the agency general assembly information 27 regarding the opening and closing times of polling places until 28 and including November 7, 2024. This paragraph is repealed 29 effective July 1, 2025. 30 Sec. 4. Section 232D.503, subsection 6, unnumbered 31 paragraph 1, as enacted by 2021 Iowa Acts, chapter 8, section 32 22, is amended to read as follows: 33 If the court orders termination of a guardianship 34 established under this chapter and the guardian has custody 35 -1- LSB 2819YC (8) 89 ns/tm 1/ 11

H.F. _____ of any assets of a protected person who is a minor or was a 1 minor at the time of the minor’s death, the court shall order 2 delivery of the minors minor’s assets to the minor or to a 3 fiduciary acting under one or more of the following: 4 Sec. 5. Section 257.16C, subsection 3, paragraph d, 5 subparagraph (4), subparagraph division (a), as enacted by 2021 6 Iowa Acts, chapter 2, section 5, is amended to read as follows: 7 (a) The amount appropriated to the transportation equity 8 fund under this paragraph subparagraph for the immediately 9 preceding fiscal year. 10 Sec. 6. Section 321.89, subsection 3A, as enacted by 11 2021 Iowa Acts, chapter 22, section 2, is amended to read as 12 follows: 13 3A. Reclamation of abandoned vehicles. Prior to driving an 14 abandoned vehicle away from the premises, a person who received 15 or who is reclaiming the vehicle of on behalf of a person who 16 received notice under subsection 3 shall present to the police 17 authority or private entity, as applicable, the person’s valid 18 driver’s license and proof of financial liability coverage as 19 provided in section 321.20B . 20 Sec. 7. Section 422.11T, if enacted by 2021 Iowa Acts, House 21 File 588, section 2, is amended to read as follows: 22 422.11T Hoover presidential library tax credit. 23 The tax imposed under this subchapter, less the credits 24 allowed under section 422.12, shall be reduced by a Hoover 25 presidential library tax credit authorized pursuant to section 26 15E.364. 27 Sec. 8. Section 425.16, subsection 1, Code 2021, as amended 28 by 2021 Iowa Acts, chapter 41, section 15, is amended to read 29 as follows: 30 1. In addition to the homestead tax credit allowed under 31 section 425.1, subsections 1 through 4 , persons who own or 32 rent their homesteads and who meet the qualifications provided 33 in this subchapter are eligible for a property tax credit or 34 for property taxes due or reimbursement of rent constituting 35 -2- LSB 2819YC (8) 89 ns/tm 2/ 11

H.F. _____ property taxes paid. 1 Sec. 9. Section 425.18, Code 2021, as amended by 2021 Iowa 2 Acts, chapter 41, section 17, is amended to read as follows: 3 425.18 Right to file a claim. 4 The right to file a claim for reimbursement or credit 5 under this subchapter may be exercised by the claimant or 6 on behalf of a claimant by the claimant’s legal guardian, 7 spouse, or attorney, or by the executor or administrator of the 8 claimant’s estate. If a claimant dies after having filed a 9 claim for reimbursement for rent constituting property taxes 10 paid, the amount of the reimbursement may be paid to another 11 member of the household as determined by the department of of 12 human services. If the claimant was the only member of the 13 household, the reimbursement may be paid to the claimant’s 14 executor or administrator, but if neither is appointed and 15 qualified within one year from the date of the filing of 16 the claim, the reimbursement shall escheat to the state. If 17 a claimant dies after having filed a claim for credit for 18 property taxes due, the amount of credit shall be paid as if 19 the claimant had not died. 20 Sec. 10. Section 425.40, subsection 1, Code 2021, as amended 21 by 2021 Iowa Acts, chapter 41, section 34, is amended to read 22 as follows: 23 1. A low-income tax credit and reimbursement fund is 24 created. Within the low-income tax credit and reimbursement 25 fund, a rent reimbursement account is created under the control 26 of the department of human services and a tax credit account 27 is created under the control of the department of revenue. 28 Amounts appropriated to the fund shall first be credited to the 29 rent reimbursement account. 30 Sec. 11. Section 455B.175, subsection 1, unnumbered 31 paragraph 1, Code 2021, as amended by 2021 Iowa Acts, House 32 File 699, section 91, is amended to read as follows: 33 If there is substantial evidence that any person has 34 violated or is violating any provision of, or any rule or 35 -3- LSB 2819YC (8) 89 ns/tm 3/ 11

H.F. _____ standard established or permit issued pursuant to, this part 1 1 of subsection subchapter III, chapter 459, subchapter III , 2 chapter 459A , or chapter 459B , then one of the following may 3 apply: 4 Sec. 12. Section 455B.307, subsections 1 and 3, Code 2021, 5 as amended by 2021 Iowa Acts, House File 699, section 101, are 6 amended to read as follows: 7 1. A private agency or public agency shall not dump or 8 deposit or permit the dumping or depositing of any solid waste 9 at any place other than a sanitary disposal project approved 10 by the director unless the agency has been granted a permit 11 by the department which allows the dumping or depositing 12 of solid waste on land owned or leased by the agency. The 13 department shall adopt rules regarding the permitting of this 14 activity which shall provide that the public interest is best 15 served, but which may be based upon criteria less stringent 16 than those regulating a public sanitary disposal project 17 provided that the rules adopted meet the groundwater protection 18 goal specified in section 455E.4 . The comprehensive plans 19 for these facilities may be varied in consideration of the 20 types of sanitary disposal practices, hydrologic and geologic 21 conditions, construction and operations characteristics, and 22 volumes and types of waste handled at the disposal site. The 23 director may issue temporary permits for dumping or disposal 24 of solid waste at disposal sites for which an application 25 for a permit to operate a sanitary disposal project has been 26 made and which have not met all of the requirements of this 27 part 1 of this subchapter IV and the rules adopted by the 28 commission if a compliance schedule has been submitted by the 29 applicant specifying how and when the applicant will meet the 30 requirements for an operational sanitary disposal project and 31 the director determines the public interest will be best served 32 by granting such temporary permit. 33 3. Any person who violates any provision of this part 1 34 of this subchapter IV or any rule or any order adopted or the 35 -4- LSB 2819YC (8) 89 ns/tm 4/ 11

H.F. _____ conditions of any permit or order issued pursuant to this part 1 1 of this subchapter IV shall be subject to a civil penalty, 2 not to exceed five thousand dollars for each day of such 3 violation. 4 Sec. 13. Section 455B.307A, subsection 4, Code 2021, as 5 amended by 2021 Iowa Acts, House File 699, section 102, is 6 amended to read as follows: 7 4. This section shall not apply to the discarding of litter 8 regulated under part 3 of this subchapter IV , part 3, and local 9 littering ordinances. 10 Sec. 14. Section 455B.396, subsection 1, Code 2021, as 11 amended by 2021 Iowa Acts, House File 699, section 103, is 12 amended to read as follows: 13 1. Liability to the state under this part 4 or part 5 of 14 this subchapter IV is a debt to the state. Liability to a 15 political subdivision under this part 4 of this subchapter IV 16 is a debt to the political subdivision. The debt, together 17 with interest on the debt at the maximum lawful rate of 18 interest permitted pursuant to section 535.2, subsection 3 , 19 paragraph “a” , from the date costs and expenses are incurred 20 by the state or a political subdivision is a lien on real 21 property, except single and multifamily residential property, 22 on which the department incurs costs and expenses creating a 23 liability and owned by the persons liable under this part 4 or 24 part 5. To perfect the lien, a statement of claim describing 25 the property subject to the lien must be filed within one 26 hundred twenty days after the incurrence of costs and expenses 27 by the state or a political subdivision. The statement shall 28 be filed with, accepted by, and recorded by the county recorder 29 in the county in which the property subject to the lien is 30 located. The statement of claim may be amended to include 31 subsequent liabilities. To be effective, the statement of 32 claim shall be amended and filed within one hundred twenty days 33 after the occurrence of the event resulting in the amendment. 34 Sec. 15. Section 484B.10, subsection 1, paragraph b, as 35 -5- LSB 2819YC (8) 89 ns/tm 5/ 11

H.F. _____ enacted by 2021 Iowa Acts, House File 747, section 2, is 1 amended to read as follows: 2 b. A game bird hunting preserve operator may apply for a 3 variance to extend the season date beyond March 31 for that 4 preserve if the monthly precipitation is above average for 5 the county in which the preserve is located for at least two 6 months out of the months of January, February, and March of 7 that season. The state climatologist established appointed 8 pursuant to section 159.5 shall provide official national 9 weather service and community collaborative rain, hail and snow 10 network data to the department to determine whether a variance 11 to the established season shall be granted. The department 12 shall not grant a variance to a game bird preserve that extends 13 the season beyond April 15 of the year for which the variance 14 is requested. A person hunting on a game bird hunting preserve 15 on a date after March 31 pursuant to an extension granted under 16 this paragraph shall only hunt for and take chukars, quail, or 17 rooster pheasants. 18 Sec. 16. Section 633F.4, subsection 2, as enacted by 2021 19 Iowa Acts, chapter 8, section 4, is amended to read as follows: 20 2. The custodial trustee’s acceptance may be evidenced by a 21 writing stating in substance: 22 CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE 23 I, _______ (name of custodial trustee) acknowledge receipt 24 of the custodial trust property described below or in the 25 attached instrument and accept the custodial trust as custodial 26 trustee for __________________ (name of beneficiary) under the 27 Iowa Uniform Custodial Trust Act. I undertake to administer 28 and distribute the custodial trust property pursuant to the 29 Iowa Uniform Custodial Trust Act. My obligations as custodial 30 trustee are subject to the directions of the beneficiary 31 unless the beneficiary is designated as, is, or becomes 32 incapacitated. The custodial trust property consists of 33 _____________________________. 34 Dated: _____________________________ 35 -6- LSB 2819YC (8) 89 ns/tm 6/ 11

H.F. _____ (Signature of Custodial Trustee) 1 Signed: _____________________________ 2 (signature of custodial trustee) 3 Sec. 17. Section 633F.18, subsection 1, paragraph a, as 4 enacted by 2021 Iowa Acts, chapter 8, section 18, is amended 5 to read as follows: 6 a. The execution and either delivery to the custodial 7 trustee or recording of an instrument in substantially the 8 following form: 9 TRANSFER UNDER THE IOWA UNIFORM CUSTODIAL TRUST ACT 10 I, __________ (name of transferor or name and representative 11 capacity if a fiduciary), transfer to __________ (name of 12 trustee other than transferor), as custodial trustee for 13 __________ (name of beneficiary) as beneficiary and __________ 14 (name of distributee) as distributee on termination of the 15 trust in absence of direction by the beneficiary under the Iowa 16 Uniform Custodial Trust Act, the following: 17 __________ (Insert a description of the custodial trust 18 property legally sufficient to identify and transfer each item 19 of property). 20 If __________ (name of trustee other than transferor) 21 declines to serve or ceases to serve as custodial trustee for 22 any reason, then I designate __________ (name of substitute 23 or successor custodial trustee) as substitute or successor 24 custodial trustee. 25 Dated: _______________ 26 Signature: _____________________ 27 Sec. 18. Section 724.15, subsection 3, Code 2021, as amended 28 by 2021 Iowa Acts, chapter 35, section 2, is amended to read as 29 follows: 30 3. An issuing officer who finds that a person issued a 31 permit to acquire pistols or revolvers under this chapter 32 has been arrested for a disqualifying offense or who is 33 the subject of proceedings that could lead to the person’s 34 ineligibility for such permit , may immediately suspend such 35 -7- LSB 2819YC (8) 89 ns/tm 7/ 11

H.F. _____ permit. An issuing officer proceeding under this subsection 1 shall immediately notify the permit holder of the suspension 2 by personal service or certified mail on a form prescribed 3 and published by the commissioner of public safety and the 4 suspension shall become effective upon the permit holder’s 5 receipt of such notice. If the suspension is based on an 6 arrest or a proceeding that does not result in a disqualifying 7 conviction or finding against the permit holder, the issuing 8 officer shall immediately reinstate the permit upon receipt 9 of proof of the matter’s final disposition. If the arrest 10 leads to a disqualifying conviction or the proceedings to a 11 disqualifying finding, the issuing officer shall revoke the 12 permit. The issuing officer may also revoke the permit of a 13 person whom the issuing officer later finds was not qualified 14 for such a permit at the time of issuance or whom the officer 15 finds provided materially false information on the permit 16 application. A person aggrieved by a suspension or revocation 17 under this subsection may seek review of the decision pursuant 18 to section 724.21A . 19 Sec. 19. Section 915.52, subsection 4A, if enacted by 2021 20 Iowa Acts, House File 426, section 5, is amended to read as 21 follows: 22 NEW SUBSECTION . 4A. An office, agency, or department 23 may satisfy a notification obligation to registered victims 24 required by this subchapter through participation in the kit 25 tracking system established pursuant to section 915.53 to the 26 extent information is available for dissemination through the 27 kit tracking system. This section subsection shall not relieve 28 a notification obligation under this subchapter due to the 29 unavailability of information for dissemination through the kit 30 tracking system. 31 Sec. 20. Section 915.53, subsection 7, if enacted by 2021 32 Iowa Acts, House File 426, section 6, is amended to read as 33 follows: 34 7. An office, agency, or department may satisfy a 35 -8- LSB 2819YC (8) 89 ns/tm 8/ 11

H.F. _____ notification obligation to a victim as required by section 1 915.52 through participation in the kit tracking system to the 2 extent information is available for dissemination through the 3 kit tracking system. This section subsection shall not relieve 4 a notification obligation under this subchapter due to the 5 unavailability of information for dissemination through the kit 6 tracking system. 7 Sec. 21. 2021 Iowa Acts, chapter 12, section 74, subsection 8 3, is amended to read as follows: 9 3. The section sections of this Act amending section 45.1 . 10 Sec. 22. 2021 Iowa Acts, House File 848, section 4, is 11 amended to read as follows: 12 SEC. 4. EMERGENCY RULES. The office of the chief 13 information officer may adopt emergency rules under section 14 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 15 “b”, to implement the provisions of this Act and the rules 16 shall be effective immediately upon filing unless a later 17 date is specified in the rules, unless the effective date of 18 the rules is delayed or the applicability of the rules is 19 suspended by the administrative rules review committee. Any 20 rules adopted in accordance with this section shall not take 21 effect before the rules are reviewed by the administrative 22 rules review committee. The delay authority provided to the 23 administrative rules review committee under section 17A.4, 24 subsection 7, and section 17A.8, subsection subsections 9 and 25 10 , shall be applicable to a delay imposed under this section, 26 notwithstanding a provision in those sections subsections 27 making them inapplicable to section 17A.5, subsection 2, 28 paragraph “b”. Any rules adopted in accordance with the 29 provisions of this section shall also be published as a notice 30 of intended action as provided in section 17A.4. 31 Sec. 23. EFFECTIVE DATE. The following, being deemed of 32 immediate importance, take effect upon enactment: 33 1. The section of this division of this Act amending section 34 49.73, subsection 2, paragraph “b”. 35 -9- LSB 2819YC (8) 89 ns/tm 9/ 11

H.F. _____ 2. The section of this division of this Act amending 1 section 257.16C, subsection 3, paragraph “d”, subparagraph (4), 2 subparagraph division (a). 3 3. The section of this division of this Act amending section 4 425.16, subsection 1. 5 4. The section of this division of this Act amending section 6 425.18. 7 5. The section of this division of this Act amending section 8 425.40, subsection 1. 9 6. The section of this division of this Act amending 2021 10 Iowa Acts, chapter 12, section 74, subsection 3. 11 7. The section of this division of this Act amending 2021 12 Iowa Acts, House File 848, section 4. 13 Sec. 24. RETROACTIVE APPLICABILITY. The following apply 14 retroactively to March 8, 2021: 15 1. The section of this division of this Act amending section 16 49.73, subsection 2, paragraph “b”. 17 2. The section of this division of this Act amending 2021 18 Iowa Acts, chapter 12, section 74, subsection 3. 19 Sec. 25. RETROACTIVE APPLICABILITY. The following applies 20 retroactively to February 23, 2021: 21 The section of this division of this Act amending section 22 257.16C, subsection 3, paragraph “d”, subparagraph (4), 23 subparagraph division (a). 24 Sec. 26. RETROACTIVE APPLICABILITY. The following apply 25 retroactively to April 12, 2021: 26 1. The section of this division of this Act amending section 27 425.16, subsection 1. 28 2. The section of this division of this Act amending section 29 425.18. 30 3. The section of this division of this Act amending section 31 425.40, subsection 1. 32 Sec. 27. RETROACTIVE APPLICABILITY. The following applies 33 retroactively April 28, 2021: 34 The section of this division of this Act amending 2021 Iowa 35 -10- LSB 2819YC (8) 89 ns/tm 10/ 11

H.F. _____ Acts, House File 848, section 4. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to state and local finances by 5 making appropriations, providing for legal and regulatory 6 responsibilities, and providing for other properly related 7 matters. 8 STANDING APPROPRIATIONS AND RELATED MATTERS. The bill 9 limits standing appropriations for instructional support state 10 aid and state aid for area education agencies. 11 CORRECTIVE PROVISIONS. The bill makes technical corrections 12 to legislation enacted or considered during the 2021 13 legislative session. Certain provisions in this division take 14 effect upon enactment and apply retroactively to the enactment 15 date of the amended legislation. 16 -11- LSB 2819YC (8) 89 ns/tm 11/ 11