Senate File 615 - Introduced SENATE FILE 615 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1275) 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 2819SV (3) 89 ns/tm

S.F. 615 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 3 2021-2022. Notwithstanding the standing appropriation in the 4 following designated section for the fiscal year beginning July 5 1, 2021, and ending June 30, 2022, the amount appropriated from 6 the general fund of the state pursuant to that section for the 7 following designated purpose shall not exceed the following 8 amount: 9 For payment of claims for nonpublic school pupil 10 transportation under section 285.2: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 12 If total approved claims for reimbursement for nonpublic 13 school pupil transportation exceed the amount appropriated in 14 accordance with this section, the department of education shall 15 prorate the amount of each approved claim. 16 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID —— FY 2021-2022. In 17 lieu of the appropriation provided in section 257.20, 18 subsection 2, the appropriation for the fiscal year 19 beginning July 1, 2021, and ending June 30, 2022, for paying 20 instructional support state aid under section 257.20 for the 21 fiscal year is zero. 22 Sec. 3. Section 257.35, Code 2021, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 15A. Notwithstanding subsection 1, and in 25 addition to the reduction applicable pursuant to subsection 26 2, the state aid for area education agencies and the portion 27 of the combined district cost calculated for these agencies 28 for the fiscal year beginning July 1, 2021, and ending June 29 30, 2022, shall be reduced by the department of management by 30 fifteen million dollars. The reduction for each area education 31 agency shall be prorated based on the reduction that the agency 32 received in the fiscal year beginning July 1, 2003. 33 DIVISION II 34 CORRECTIVE PROVISIONS 35 -1- LSB 2819SV (3) 89 ns/tm 1/ 11

S.F. 615 Sec. 4. Section 49.73, subsection 2, paragraph b, as enacted 1 by 2021 Iowa Acts, chapter 12, section 36, is amended to read 2 as follows: 3 b. The legislative services agency shall place on the 4 internet site of the agency general assembly information 5 regarding the opening and closing times of polling places until 6 and including November 7, 2024. This paragraph is repealed 7 effective July 1, 2025. 8 Sec. 5. Section 232D.503, subsection 6, unnumbered 9 paragraph 1, as enacted by 2021 Iowa Acts, chapter 8, section 10 22, is amended to read as follows: 11 If the court orders termination of a guardianship 12 established under this chapter and the guardian has custody 13 of any assets of a protected person who is a minor or was a 14 minor at the time of the minor’s death, the court shall order 15 delivery of the minors minor’s assets to the minor or to a 16 fiduciary acting under one or more of the following: 17 Sec. 6. Section 257.16C, subsection 3, paragraph d, 18 subparagraph (4), subparagraph division (a), as enacted by 2021 19 Iowa Acts, chapter 2, section 5, is amended to read as follows: 20 (a) The amount appropriated to the transportation equity 21 fund under this paragraph subparagraph for the immediately 22 preceding fiscal year. 23 Sec. 7. Section 321.89, subsection 3A, as enacted by 24 2021 Iowa Acts, chapter 22, section 2, is amended to read as 25 follows: 26 3A. Reclamation of abandoned vehicles. Prior to driving an 27 abandoned vehicle away from the premises, a person who received 28 or who is reclaiming the vehicle of on behalf of a person who 29 received notice under subsection 3 shall present to the police 30 authority or private entity, as applicable, the person’s valid 31 driver’s license and proof of financial liability coverage as 32 provided in section 321.20B . 33 Sec. 8. Section 422.11T, if enacted by 2021 Iowa Acts, House 34 File 588, section 2, is amended to read as follows: 35 -2- LSB 2819SV (3) 89 ns/tm 2/ 11

S.F. 615 422.11T Hoover presidential library tax credit. 1 The tax imposed under this subchapter, less the credits 2 allowed under section 422.12, shall be reduced by a Hoover 3 presidential library tax credit authorized pursuant to section 4 15E.364. 5 Sec. 9. Section 425.16, subsection 1, Code 2021, as amended 6 by 2021 Iowa Acts, chapter 41, section 15, is amended to read 7 as follows: 8 1. In addition to the homestead tax credit allowed under 9 section 425.1, subsections 1 through 4 , persons who own or 10 rent their homesteads and who meet the qualifications provided 11 in this subchapter are eligible for a property tax credit or 12 for property taxes due or reimbursement of rent constituting 13 property taxes paid. 14 Sec. 10. Section 425.18, Code 2021, as amended by 2021 Iowa 15 Acts, chapter 41, section 17, is amended to read as follows: 16 425.18 Right to file a claim. 17 The right to file a claim for reimbursement or credit 18 under this subchapter may be exercised by the claimant or 19 on behalf of a claimant by the claimant’s legal guardian, 20 spouse, or attorney, or by the executor or administrator of the 21 claimant’s estate. If a claimant dies after having filed a 22 claim for reimbursement for rent constituting property taxes 23 paid, the amount of the reimbursement may be paid to another 24 member of the household as determined by the department of of 25 human services. If the claimant was the only member of the 26 household, the reimbursement may be paid to the claimant’s 27 executor or administrator, but if neither is appointed and 28 qualified within one year from the date of the filing of 29 the claim, the reimbursement shall escheat to the state. If 30 a claimant dies after having filed a claim for credit for 31 property taxes due, the amount of credit shall be paid as if 32 the claimant had not died. 33 Sec. 11. Section 425.40, subsection 1, Code 2021, as amended 34 by 2021 Iowa Acts, chapter 41, section 34, is amended to read 35 -3- LSB 2819SV (3) 89 ns/tm 3/ 11

S.F. 615 as follows: 1 1. A low-income tax credit and reimbursement fund is 2 created. Within the low-income tax credit and reimbursement 3 fund, a rent reimbursement account is created under the control 4 of the department of human services and a tax credit account 5 is created under the control of the department of revenue. 6 Amounts appropriated to the fund shall first be credited to the 7 rent reimbursement account. 8 Sec. 12. Section 455B.175, subsection 1, unnumbered 9 paragraph 1, Code 2021, as amended by 2021 Iowa Acts, House 10 File 699, section 91, if enacted, is amended to read as 11 follows: 12 If there is substantial evidence that any person has 13 violated or is violating any provision of, or any rule or 14 standard established or permit issued pursuant to, this part 15 1 of subsection subchapter III, chapter 459, subchapter III , 16 chapter 459A , or chapter 459B , then one of the following may 17 apply: 18 Sec. 13. Section 455B.307, subsections 1 and 3, Code 2021, 19 as amended by 2021 Iowa Acts, House File 699, section 101, if 20 enacted, are amended to read as follows: 21 1. A private agency or public agency shall not dump or 22 deposit or permit the dumping or depositing of any solid waste 23 at any place other than a sanitary disposal project approved 24 by the director unless the agency has been granted a permit 25 by the department which allows the dumping or depositing 26 of solid waste on land owned or leased by the agency. The 27 department shall adopt rules regarding the permitting of this 28 activity which shall provide that the public interest is best 29 served, but which may be based upon criteria less stringent 30 than those regulating a public sanitary disposal project 31 provided that the rules adopted meet the groundwater protection 32 goal specified in section 455E.4 . The comprehensive plans 33 for these facilities may be varied in consideration of the 34 types of sanitary disposal practices, hydrologic and geologic 35 -4- LSB 2819SV (3) 89 ns/tm 4/ 11

S.F. 615 conditions, construction and operations characteristics, and 1 volumes and types of waste handled at the disposal site. The 2 director may issue temporary permits for dumping or disposal 3 of solid waste at disposal sites for which an application 4 for a permit to operate a sanitary disposal project has been 5 made and which have not met all of the requirements of this 6 part 1 of this subchapter IV and the rules adopted by the 7 commission if a compliance schedule has been submitted by the 8 applicant specifying how and when the applicant will meet the 9 requirements for an operational sanitary disposal project and 10 the director determines the public interest will be best served 11 by granting such temporary permit. 12 3. Any person who violates any provision of this part 1 13 of this subchapter IV or any rule or any order adopted or the 14 conditions of any permit or order issued pursuant to this part 15 1 of this subchapter IV shall be subject to a civil penalty, 16 not to exceed five thousand dollars for each day of such 17 violation. 18 Sec. 14. Section 455B.307A, subsection 4, Code 2021, as 19 amended by 2021 Iowa Acts, House File 699, section 102, if 20 enacted, is amended to read as follows: 21 4. This section shall not apply to the discarding of litter 22 regulated under part 3 of this subchapter IV , part 3, and local 23 littering ordinances. 24 Sec. 15. Section 455B.396, subsection 1, Code 2021, as 25 amended by 2021 Iowa Acts, House File 699, section 103, if 26 enacted, is amended to read as follows: 27 1. Liability to the state under this part 4 or part 5 of 28 this subchapter IV is a debt to the state. Liability to a 29 political subdivision under this part 4 of this subchapter IV 30 is a debt to the political subdivision. The debt, together 31 with interest on the debt at the maximum lawful rate of 32 interest permitted pursuant to section 535.2, subsection 3 , 33 paragraph “a” , from the date costs and expenses are incurred 34 by the state or a political subdivision is a lien on real 35 -5- LSB 2819SV (3) 89 ns/tm 5/ 11

S.F. 615 property, except single and multifamily residential property, 1 on which the department incurs costs and expenses creating a 2 liability and owned by the persons liable under this part 4 or 3 part 5. To perfect the lien, a statement of claim describing 4 the property subject to the lien must be filed within one 5 hundred twenty days after the incurrence of costs and expenses 6 by the state or a political subdivision. The statement shall 7 be filed with, accepted by, and recorded by the county recorder 8 in the county in which the property subject to the lien is 9 located. The statement of claim may be amended to include 10 subsequent liabilities. To be effective, the statement of 11 claim shall be amended and filed within one hundred twenty days 12 after the occurrence of the event resulting in the amendment. 13 Sec. 16. Section 484B.10, subsection 1, paragraph b, if 14 enacted by 2021 Iowa Acts, House File 747, section 2, is 15 amended to read as follows: 16 b. A game bird hunting preserve operator may apply for a 17 variance to extend the season date beyond March 31 for that 18 preserve if the monthly precipitation is above average for 19 the county in which the preserve is located for at least two 20 months out of the months of January, February, and March of 21 that season. The state climatologist established appointed 22 pursuant to section 159.5 shall provide official national 23 weather service and community collaborative rain, hail and snow 24 network data to the department to determine whether a variance 25 to the established season shall be granted. The department 26 shall not grant a variance to a game bird preserve that extends 27 the season beyond April 15 of the year for which the variance 28 is requested. A person hunting on a game bird hunting preserve 29 on a date after March 31 pursuant to an extension granted under 30 this paragraph shall only hunt for and take chukars, quail, or 31 rooster pheasants. 32 Sec. 17. Section 633F.4, subsection 2, as enacted by 2021 33 Iowa Acts, chapter 8, section 4, is amended to read as follows: 34 2. The custodial trustee’s acceptance may be evidenced by a 35 -6- LSB 2819SV (3) 89 ns/tm 6/ 11

S.F. 615 writing stating in substance: 1 CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE 2 I, _______ (name of custodial trustee) acknowledge receipt 3 of the custodial trust property described below or in the 4 attached instrument and accept the custodial trust as custodial 5 trustee for __________________ (name of beneficiary) under the 6 Iowa Uniform Custodial Trust Act. I undertake to administer 7 and distribute the custodial trust property pursuant to the 8 Iowa Uniform Custodial Trust Act. My obligations as custodial 9 trustee are subject to the directions of the beneficiary 10 unless the beneficiary is designated as, is, or becomes 11 incapacitated. The custodial trust property consists of 12 _____________________________. 13 Dated: _____________________________ 14 (Signature of Custodial Trustee) 15 Signed: _____________________________ 16 (signature of custodial trustee) 17 Sec. 18. Section 633F.18, subsection 1, paragraph a, as 18 enacted by 2021 Iowa Acts, chapter 8, section 18, is amended 19 to read as follows: 20 a. The execution and either delivery to the custodial 21 trustee or recording of an instrument in substantially the 22 following form: 23 TRANSFER UNDER THE IOWA UNIFORM CUSTODIAL TRUST ACT 24 I, __________ (name of transferor or name and representative 25 capacity if a fiduciary), transfer to __________ (name of 26 trustee other than transferor), as custodial trustee for 27 __________ (name of beneficiary) as beneficiary and __________ 28 (name of distributee) as distributee on termination of the 29 trust in absence of direction by the beneficiary under the Iowa 30 Uniform Custodial Trust Act, the following: 31 __________ (Insert a description of the custodial trust 32 property legally sufficient to identify and transfer each item 33 of property). 34 If __________ (name of trustee other than transferor) 35 -7- LSB 2819SV (3) 89 ns/tm 7/ 11

S.F. 615 declines to serve or ceases to serve as custodial trustee for 1 any reason, then I designate __________ (name of substitute 2 or successor custodial trustee) as substitute or successor 3 custodial trustee. 4 Dated: _______________ 5 Signature: _____________________ 6 Sec. 19. Section 724.15, subsection 3, Code 2021, as amended 7 by 2021 Iowa Acts, chapter 35, section 2, is amended to read as 8 follows: 9 3. An issuing officer who finds that a person issued a 10 permit to acquire pistols or revolvers under this chapter 11 has been arrested for a disqualifying offense or who is 12 the subject of proceedings that could lead to the person’s 13 ineligibility for such permit , may immediately suspend such 14 permit. An issuing officer proceeding under this subsection 15 shall immediately notify the permit holder of the suspension 16 by personal service or certified mail on a form prescribed 17 and published by the commissioner of public safety and the 18 suspension shall become effective upon the permit holder’s 19 receipt of such notice. If the suspension is based on an 20 arrest or a proceeding that does not result in a disqualifying 21 conviction or finding against the permit holder, the issuing 22 officer shall immediately reinstate the permit upon receipt 23 of proof of the matter’s final disposition. If the arrest 24 leads to a disqualifying conviction or the proceedings to a 25 disqualifying finding, the issuing officer shall revoke the 26 permit. The issuing officer may also revoke the permit of a 27 person whom the issuing officer later finds was not qualified 28 for such a permit at the time of issuance or whom the officer 29 finds provided materially false information on the permit 30 application. A person aggrieved by a suspension or revocation 31 under this subsection may seek review of the decision pursuant 32 to section 724.21A . 33 Sec. 20. Section 915.52, subsection 4A, if enacted by 2021 34 Iowa Acts, House File 426, section 5, is amended to read as 35 -8- LSB 2819SV (3) 89 ns/tm 8/ 11

S.F. 615 follows: 1 NEW SUBSECTION . 4A. An office, agency, or department 2 may satisfy a notification obligation to registered victims 3 required by this subchapter through participation in the kit 4 tracking system established pursuant to section 915.53 to the 5 extent information is available for dissemination through the 6 kit tracking system. This section subsection shall not relieve 7 a notification obligation under this subchapter due to the 8 unavailability of information for dissemination through the kit 9 tracking system. 10 Sec. 21. Section 915.53, subsection 7, if enacted by 2021 11 Iowa Acts, House File 426, section 6, is amended to read as 12 follows: 13 7. An office, agency, or department may satisfy a 14 notification obligation to a victim as required by section 15 915.52 through participation in the kit tracking system to the 16 extent information is available for dissemination through the 17 kit tracking system. This section subsection shall not relieve 18 a notification obligation under this subchapter due to the 19 unavailability of information for dissemination through the kit 20 tracking system. 21 Sec. 22. 2021 Iowa Acts, chapter 12, section 74, subsection 22 3, is amended to read as follows: 23 3. The section sections of this Act amending section 45.1 . 24 Sec. 23. 2021 Iowa Acts, House File 848, section 4, if 25 enacted, is amended to read as follows: 26 SEC. 4. EMERGENCY RULES. The office of the chief 27 information officer may adopt emergency rules under section 28 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 29 “b”, to implement the provisions of this Act and the rules 30 shall be effective immediately upon filing unless a later 31 date is specified in the rules, unless the effective date of 32 the rules is delayed or the applicability of the rules is 33 suspended by the administrative rules review committee. Any 34 rules adopted in accordance with this section shall not take 35 -9- LSB 2819SV (3) 89 ns/tm 9/ 11

S.F. 615 effect before the rules are reviewed by the administrative 1 rules review committee. The delay authority provided to the 2 administrative rules review committee under section 17A.4, 3 subsection 7, and section 17A.8, subsection subsections 9 and 4 10 , shall be applicable to a delay imposed under this section, 5 notwithstanding a provision in those sections subsections 6 making them inapplicable to section 17A.5, subsection 2, 7 paragraph “b”. Any rules adopted in accordance with the 8 provisions of this section shall also be published as a notice 9 of intended action as provided in section 17A.4. 10 Sec. 24. EFFECTIVE DATE. The following, being deemed of 11 immediate importance, take effect upon enactment: 12 1. The section of this division of this Act amending section 13 49.73, subsection 2, paragraph “b”. 14 2. The section of this division of this Act amending 15 section 257.16C, subsection 3, paragraph “d”, subparagraph (4), 16 subparagraph division (a). 17 3. The section of this division of this Act amending section 18 425.16, subsection 1. 19 4. The section of this division of this Act amending section 20 425.18. 21 5. The section of this division of this Act amending section 22 425.40, subsection 1. 23 6. The section of this division of this Act amending 2021 24 Iowa Acts, chapter 12, section 74, subsection 3. 25 7. The section of this division of this Act amending 2021 26 Iowa Acts, House File 848, section 4. 27 Sec. 25. RETROACTIVE APPLICABILITY. The following apply 28 retroactively to March 8, 2021: 29 1. The section of this division of this Act amending section 30 49.73, subsection 2, paragraph “b”. 31 2. The section of this division of this Act amending 2021 32 Iowa Acts, chapter 12, section 74, subsection 3. 33 Sec. 26. RETROACTIVE APPLICABILITY. The following applies 34 retroactively to February 23, 2021: 35 -10- LSB 2819SV (3) 89 ns/tm 10/ 11

S.F. 615 The section of this division of this Act amending section 1 257.16C, subsection 3, paragraph “d”, subparagraph (4), 2 subparagraph division (a). 3 Sec. 27. RETROACTIVE APPLICABILITY. The following apply 4 retroactively to April 12, 2021: 5 1. The section of this division of this Act amending section 6 425.16, subsection 1. 7 2. The section of this division of this Act amending section 8 425.18. 9 3. The section of this division of this Act amending section 10 425.40, subsection 1. 11 Sec. 28. RETROACTIVE APPLICABILITY. The following applies 12 retroactively to the effective date of 2021 Iowa Acts, House 13 File 848: 14 The section of this division of this Act amending 2021 Iowa 15 Acts, House File 848, section 4. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to state and local finances by 20 making appropriations, providing for legal and regulatory 21 responsibilities, and providing for other properly related 22 matters. 23 STANDING APPROPRIATIONS AND RELATED MATTERS. The bill 24 limits standing appropriations for payment of claims for 25 nonpublic school pupil transportation, instructional support 26 state aid, and state aid for area education agencies. 27 CORRECTIVE PROVISIONS. The bill makes technical corrections 28 to legislation enacted or considered during the 2021 29 legislative session. Certain provisions in this division take 30 effect upon enactment and apply retroactively to the enactment 31 date of the amended legislation. 32 -11- LSB 2819SV (3) 89 ns/tm 11/ 11