HSB 277 (LSB 2819YC (8) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON MOHR)

A BILL FOR

An Act relating to state and local finances by making appropriations, providing for legal and regulatory responsibilities, providing for other properly related matters, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
STANDING APPROPRIATIONS AND RELATED MATTERS

    Section 1.  INSTRUCTIONAL SUPPORT STATE AID —— FY 2021-2022.  In lieu of the appropriation provided in section 257.20, subsection 2, the appropriation for the fiscal year beginning July 1, 2021, and ending June 30, 2022, for paying instructional support state aid under section 257.20 for the fiscal year is zero.
    Sec. 2.  Section 257.35, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  15A.  Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2021, and ending June 30, 2022, shall be reduced by the department of management by twelve million five hundred thousand dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003.
DIVISION II
CORRECTIVE PROVISIONS

    Sec. 3.  Section 49.73, subsection 2, paragraph b, as enacted by 2021 Iowa Acts, chapter 12, section 36, is amended to read as follows:
   b.  The legislative services agency shall place on the internet site of the agency general assembly information regarding the opening and closing times of polling places until and including November 7, 2024. This paragraph is repealed effective July 1, 2025.
    Sec. 4.  Section 232D.503, subsection 6, unnumbered paragraph 1, as enacted by 2021 Iowa Acts, chapter 8, section 22, is amended to read as follows:
   If the court orders termination of a guardianship established under this chapter and the guardian has custody of any assets of a protected person who is a minor or was a minor at the time of the minor’s death, the court shall order delivery of the minors minor’s assets to the minor or to a fiduciary acting under one or more of the following:
    Sec. 5.  Section 257.16C, subsection 3, paragraph d, subparagraph (4), subparagraph division (a), as enacted by 2021 Iowa Acts, chapter 2, section 5, is amended to read as follows:
   (a)  The amount appropriated to the transportation equity fund under this paragraph subparagraph for the immediately preceding fiscal year.
    Sec. 6.  Section 321.89, subsection 3A, as enacted by 2021 Iowa Acts, chapter 22, section 2, is amended to read as follows:
   3A.  Reclamation of abandoned vehicles.  Prior to driving an abandoned vehicle away from the premises, a person who received or who is reclaiming the vehicle of on behalf of a person who received notice under subsection 3 shall present to the police authority or private entity, as applicable, the person’s valid driver’s license and proof of financial liability coverage as provided in section 321.20B.
    Sec. 7.  Section 422.11T, if enacted by 2021 Iowa Acts, House File 588, section 2, is amended to read as follows:
   422.11T  Hoover presidential library tax credit.
   The tax imposed under this subchapter, less the credits allowed under section 422.12, shall be reduced by a Hoover presidential library tax credit authorized pursuant to section 15E.364.
    Sec. 8.  Section 425.16, subsection 1, Code 2021, as amended by 2021 Iowa Acts, chapter 41, section 15, is amended to read as follows:
   1.  In addition to the homestead tax credit allowed under section 425.1, subsections 1 through 4, persons who own or rent their homesteads and who meet the qualifications provided in this subchapter are eligible for a property tax credit or for property taxes due or reimbursement of rent constituting property taxes paid.
    Sec. 9.  Section 425.18, Code 2021, as amended by 2021 Iowa Acts, chapter 41, section 17, is amended to read as follows:
   425.18  Right to file a claim.
   The right to file a claim for reimbursement or credit under this subchapter may be exercised by the claimant or on behalf of a claimant by the claimant’s legal guardian, spouse, or attorney, or by the executor or administrator of the claimant’s estate. If a claimant dies after having filed a claim for reimbursement for rent constituting property taxes paid, the amount of the reimbursement may be paid to another member of the household as determined by the department of of human services. If the claimant was the only member of the household, the reimbursement may be paid to the claimant’s executor or administrator, but if neither is appointed and qualified within one year from the date of the filing of the claim, the reimbursement shall escheat to the state. If a claimant dies after having filed a claim for credit for property taxes due, the amount of credit shall be paid as if the claimant had not died.
    Sec. 10.  Section 425.40, subsection 1, Code 2021, as amended by 2021 Iowa Acts, chapter 41, section 34, is amended to read as follows:
   1.  A low-income tax credit and reimbursement fund is created. Within the low-income tax credit and reimbursement fund, a rent reimbursement account is created under the control of the department of human services and a tax credit account is created under the control of the department of revenue. Amounts appropriated to the fund shall first be credited to the rent reimbursement account.
    Sec. 11.  Section 455B.175, subsection 1, unnumbered paragraph 1, Code 2021, as amended by 2021 Iowa Acts, House File 699, section 91, is amended to read as follows:
   If there is substantial evidence that any person has violated or is violating any provision of, or any rule or standard established or permit issued pursuant to, this part 1 of subsection subchapter III, chapter 459, subchapter III, chapter 459A, or chapter 459B, then one of the following may apply:
    Sec. 12.  Section 455B.307, subsections 1 and 3, Code 2021, as amended by 2021 Iowa Acts, House File 699, section 101, are amended to read as follows:
   1.  A private agency or public agency shall not dump or deposit or permit the dumping or depositing of any solid waste at any place other than a sanitary disposal project approved by the director unless the agency has been granted a permit by the department which allows the dumping or depositing of solid waste on land owned or leased by the agency. The department shall adopt rules regarding the permitting of this activity which shall provide that the public interest is best served, but which may be based upon criteria less stringent than those regulating a public sanitary disposal project provided that the rules adopted meet the groundwater protection goal specified in section 455E.4. The comprehensive plans for these facilities may be varied in consideration of the types of sanitary disposal practices, hydrologic and geologic conditions, construction and operations characteristics, and volumes and types of waste handled at the disposal site. The director may issue temporary permits for dumping or disposal of solid waste at disposal sites for which an application for a permit to operate a sanitary disposal project has been made and which have not met all of the requirements of this part 1 of this subchapter IV and the rules adopted by the commission if a compliance schedule has been submitted by the applicant specifying how and when the applicant will meet the requirements for an operational sanitary disposal project and the director determines the public interest will be best served by granting such temporary permit.
   3.  Any person who violates any provision of this part 1 of this subchapter IV or any rule or any order adopted or the conditions of any permit or order issued pursuant to this part 1 of this subchapter IV shall be subject to a civil penalty, not to exceed five thousand dollars for each day of such violation.
    Sec. 13.  Section 455B.307A, subsection 4, Code 2021, as amended by 2021 Iowa Acts, House File 699, section 102, is amended to read as follows:
   4.  This section shall not apply to the discarding of litter regulated under part 3 of this subchapter IV, part 3, and local littering ordinances.
    Sec. 14.  Section 455B.396, subsection 1, Code 2021, as amended by 2021 Iowa Acts, House File 699, section 103, is amended to read as follows:
   1.  Liability to the state under this part 4 or part 5 of this subchapter IV is a debt to the state. Liability to a political subdivision under this part 4 of this subchapter IV is a debt to the political subdivision. The debt, together with interest on the debt at the maximum lawful rate of interest permitted pursuant to section 535.2, subsection 3, paragraph “a”, from the date costs and expenses are incurred by the state or a political subdivision is a lien on real property, except single and multifamily residential property, on which the department incurs costs and expenses creating a liability and owned by the persons liable under this part 4 or part 5. To perfect the lien, a statement of claim describing the property subject to the lien must be filed within one hundred twenty days after the incurrence of costs and expenses by the state or a political subdivision. The statement shall be filed with, accepted by, and recorded by the county recorder in the county in which the property subject to the lien is located. The statement of claim may be amended to include subsequent liabilities. To be effective, the statement of claim shall be amended and filed within one hundred twenty days after the occurrence of the event resulting in the amendment.
    Sec. 15.  Section 484B.10, subsection 1, paragraph b, as enacted by 2021 Iowa Acts, House File 747, section 2, is amended to read as follows:
   b.  A game bird hunting preserve operator may apply for a variance to extend the season date beyond March 31 for that preserve if the monthly precipitation is above average for the county in which the preserve is located for at least two months out of the months of January, February, and March of that season. The state climatologist established appointed pursuant to section 159.5 shall provide official national weather service and community collaborative rain, hail and snow network data to the department to determine whether a variance to the established season shall be granted. The department shall not grant a variance to a game bird preserve that extends the season beyond April 15 of the year for which the variance is requested. A person hunting on a game bird hunting preserve on a date after March 31 pursuant to an extension granted under this paragraph shall only hunt for and take chukars, quail, or rooster pheasants.
    Sec. 16.  Section 633F.4, subsection 2, as enacted by 2021 Iowa Acts, chapter 8, section 4, is amended to read as follows:
   2.  The custodial trustee’s acceptance may be evidenced by a writing stating in substance:
   CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE
   I, _______ (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for __________________ (name of beneficiary) under the Iowa Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the Iowa Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of _____________________________.
   Dated: _____________________________
   (Signature of Custodial Trustee)
   Signed: _____________________________
   (signature of custodial trustee)
    Sec. 17.  Section 633F.18, subsection 1, paragraph a, as enacted by 2021 Iowa Acts, chapter 8, section 18, is amended to read as follows:
   a.  The execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form:
   TRANSFER UNDER THE IOWA UNIFORM CUSTODIAL TRUST ACT
   I, __________ (name of transferor or name and representative capacity if a fiduciary), transfer to __________ (name of trustee other than transferor), as custodial trustee for __________ (name of beneficiary) as beneficiary and __________ (name of distributee) as distributee on termination of the trust in absence of direction by the beneficiary under the Iowa Uniform Custodial Trust Act, the following:
   __________ (Insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).
   If __________ (name of trustee other than transferor) declines to serve or ceases to serve as custodial trustee for any reason, then I designate __________ (name of substitute or successor custodial trustee) as substitute or successor custodial trustee.
   Dated: _______________
   Signature: _____________________
    Sec. 18.  Section 724.15, subsection 3, Code 2021, as amended by 2021 Iowa Acts, chapter 35, section 2, is amended to read as follows:
   3.  An issuing officer who finds that a person issued a permit to acquire pistols or revolvers under this chapter has been arrested for a disqualifying offense or who is the subject of proceedings that could lead to the person’s ineligibility for such permit, may immediately suspend such permit. An issuing officer proceeding under this subsection shall immediately notify the permit holder of the suspension by personal service or certified mail on a form prescribed and published by the commissioner of public safety and the suspension shall become effective upon the permit holder’s receipt of such notice. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter’s final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or whom the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this subsection may seek review of the decision pursuant to section 724.21A.
    Sec. 19.  Section 915.52, subsection 4A, if enacted by 2021 Iowa Acts, House File 426, section 5, is amended to read as follows:
   NEW SUBSECTION.  4A.  An office, agency, or department may satisfy a notification obligation to registered victims required by this subchapter through participation in the kit tracking system established pursuant to section 915.53 to the extent information is available for dissemination through the kit tracking system. This section subsection shall not relieve a notification obligation under this subchapter due to the unavailability of information for dissemination through the kit tracking system.
    Sec. 20.  Section 915.53, subsection 7, if enacted by 2021 Iowa Acts, House File 426, section 6, is amended to read as follows:
   7.  An office, agency, or department may satisfy a notification obligation to a victim as required by section 915.52 through participation in the kit tracking system to the extent information is available for dissemination through the kit tracking system. This section subsection shall not relieve a notification obligation under this subchapter due to the unavailability of information for dissemination through the kit tracking system.
    Sec. 21.  2021 Iowa Acts, chapter 12, section 74, subsection 3, is amended to read as follows:
   3.  The section sections of this Act amending section 45.1.
    Sec. 22.  2021 Iowa Acts, House File 848, section 4, is amended to read as follows:
   SEC. 4.  EMERGENCY RULES.  The office of the chief information officer may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules, unless the effective date of the rules is delayed or the applicability of the rules is suspended by the administrative rules review committee. Any rules adopted in accordance with this section shall not take effect before the rules are reviewed by the administrative rules review committee. The delay authority provided to the administrative rules review committee under section 17A.4, subsection 7, and section 17A.8, subsection subsections 9 and 10, shall be applicable to a delay imposed under this section, notwithstanding a provision in those sections subsections making them inapplicable to section 17A.5, subsection 2, paragraph “b”. Any rules adopted in accordance with the provisions of this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 23.  EFFECTIVE DATE.  The following, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division of this Act amending section 49.73, subsection 2, paragraph “b”.
   2.  The section of this division of this Act amending section 257.16C, subsection 3, paragraph “d”, subparagraph (4), subparagraph division (a).
   3.  The section of this division of this Act amending section 425.16, subsection 1.
   4.  The section of this division of this Act amending section 425.18.
   5.  The section of this division of this Act amending section 425.40, subsection 1.
   6.  The section of this division of this Act amending 2021 Iowa Acts, chapter 12, section 74, subsection 3.
   7.  The section of this division of this Act amending 2021 Iowa Acts, House File 848, section 4.
    Sec. 24.  RETROACTIVE APPLICABILITY.  The following apply retroactively to March 8, 2021:
   1.  The section of this division of this Act amending section 49.73, subsection 2, paragraph “b”.
   2.  The section of this division of this Act amending 2021 Iowa Acts, chapter 12, section 74, subsection 3.
    Sec. 25.  RETROACTIVE APPLICABILITY.  The following applies retroactively to February 23, 2021:
   The section of this division of this Act amending section 257.16C, subsection 3, paragraph “d”, subparagraph (4), subparagraph division (a).
    Sec. 26.  RETROACTIVE APPLICABILITY.  The following apply retroactively to April 12, 2021:
   1.  The section of this division of this Act amending section 425.16, subsection 1.
   2.  The section of this division of this Act amending section 425.18.
   3.  The section of this division of this Act amending section 425.40, subsection 1.
    Sec. 27.  RETROACTIVE APPLICABILITY.  The following applies retroactively April 28, 2021:
   The section of this division of this Act amending 2021 Iowa Acts, House File 848, section 4.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to state and local finances by making appropriations, providing for legal and regulatory responsibilities, and providing for other properly related matters.
   STANDING APPROPRIATIONS AND RELATED MATTERS. The bill limits standing appropriations for instructional support state aid and state aid for area education agencies.
   CORRECTIVE PROVISIONS. The bill makes technical corrections to legislation enacted or considered during the 2021 legislative session. Certain provisions in this division take effect upon enactment and apply retroactively to the enactment date of the amended legislation.