House File 2502 - Reprinted HOUSE FILE 2502 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 690) (As Amended and Passed by the House May 5, 2018 ) 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 providing for effective date, contingent 4 effective date, applicability, and retroactive applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 HF 2502 (4) 87 tm/rn/md

H.F. 2502 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. 2017 Iowa Acts, chapter 170, is amended by adding 3 the following new section: 4 NEW SECTION . SEC. 5A. GENERAL ASSEMBLY —— FY 2018-2019. 5 1. The appropriations made pursuant to section 2.12 for the 6 expenses of the general assembly and legislative agencies for 7 the fiscal year beginning July 1, 2018, and ending June 30, 8 2019, are reduced by the following amount: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,417,318 10 2. The budgeted amounts for the general assembly and 11 legislative agencies for the fiscal year beginning July 1, 12 2018, may be adjusted to reflect the unexpended budgeted 13 amounts from the previous fiscal year. 14 3. Annual membership dues for organizations, associations, 15 and conferences shall not be paid from moneys appropriated 16 pursuant to section 2.12, except reimbursement for travel 17 expenses may be paid to commissioners serving on the commission 18 of uniform state laws. 19 4. Costs for out-of-state travel and per diems for 20 out-of-state travel shall not be paid from moneys appropriated 21 pursuant to section 2.12. 22 Sec. 2. 2017 Iowa Acts, chapter 170, is amended by adding 23 the following new section: 24 NEW SECTION . SEC. 6A. INSTRUCTIONAL SUPPORT STATE AID —— FY 25 2018-2019. In lieu of the appropriation provided in section 26 257.20, subsection 2, the appropriation for the fiscal year 27 beginning July 1, 2018, and ending June 30, 2019, for paying 28 instructional support state aid under section 257.20 for such 29 fiscal years is zero. 30 Sec. 3. 2017 Iowa Acts, chapter 170, section 15, is amended 31 to read as follows: 32 SEC. 15. CASH RESERVE FUND APPROPRIATION —— FY 2018-2019. 33 There is appropriated from the general fund of the state to the 34 cash reserve fund for the fiscal year beginning July 1, 2018, 35 -1- HF 2502 (4) 87 tm/rn/md 1/ 37

H.F. 2502 and ending June 30, 2019, the following amount: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 111,100,000 2 113,100,000 3 Sec. 4. Section 257.35, Code 2018, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 12A. Notwithstanding subsection 1, and in 6 addition to the reduction applicable pursuant to subsection 7 2, the state aid for area education agencies and the portion 8 of the combined district cost calculated for these agencies 9 for the fiscal year beginning July 1, 2018, and ending June 10 30, 2019, shall be reduced by the department of management by 11 fifteen million dollars. The reduction for each area education 12 agency shall be prorated based on the reduction that the agency 13 received in the fiscal year beginning July 1, 2003. 14 Sec. 5. TAXPAYERS TRUST FUND. On July 1, 2018, any 15 unencumbered and unobligated moneys in the taxpayers trust fund 16 created in section 8.57E are transferred to the general fund 17 of the state. 18 Sec. 6. SALARY MODEL ADMINISTRATOR. The salary model 19 administrator shall work in conjunction with the legislative 20 services agency to maintain the state’s salary model used for 21 analyzing, comparing, and projecting state employee salary 22 and benefit information, including information relating to 23 employees of the state board of regents. The department of 24 revenue, the department of administrative services, the five 25 institutions under the jurisdiction of the state board of 26 regents, the judicial district departments of correctional 27 services, and the state department of transportation shall 28 provide salary data to the department of management and the 29 legislative services agency to operate the state’s salary 30 model. The format and frequency of provision of the salary 31 data shall be determined by the department of management and 32 the legislative services agency. The information shall be 33 used in collective bargaining processes under chapter 20 and 34 in calculating the funding needs contained within the annual 35 -2- HF 2502 (4) 87 tm/rn/md 2/ 37

H.F. 2502 salary adjustment legislation. A state employee organization 1 as defined in section 20.3, subsection 4, may request 2 information produced by the model, but the information provided 3 shall not contain information attributable to individual 4 employees. 5 DIVISION II 6 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 7 Sec. 7. Section 331.424A, subsection 9, Code 2018, as 8 amended by 2018 Iowa Acts, House File 2456, section 14, is 9 amended to read as follows: 10 a. For the fiscal year beginning July 1, 2017, and each 11 subsequent fiscal year, the county budgeted amount determined 12 for each county shall be the amount necessary to meet the 13 county’s financial obligations for the payment of services 14 provided under the regional service system management plan 15 approved pursuant to section 331.393 , not to exceed an amount 16 equal to the product of the regional per capita expenditure 17 target amount multiplied by the county’s population , and, for 18 fiscal years beginning on or after July 1, 2021, reduced by 19 the amount of the county’s cash flow reduction amount for the 20 fiscal year calculated under subsection 4, if applicable . 21 b. If a county officially joins a different region, the 22 county’s budgeted amount shall be the amount necessary to meet 23 the county’s financial obligations for payment of services 24 provided under the new region’s regional service system 25 management plan approved pursuant to section 331.393, not to 26 exceed an amount equal to the product of the new region’s 27 regional per capita expenditure target amount multiplied by 28 the county’s population , and, for fiscal years beginning on 29 or after July 1, 2021, reduced by the amount of the county’s 30 cash flow reduction amount for the fiscal year calculated under 31 subsection 4, if applicable . 32 Sec. 8. 2017 Iowa Acts, chapter 170, section 13, is amended 33 to read as follows: 34 SEC. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding 35 -3- HF 2502 (4) 87 tm/rn/md 3/ 37

H.F. 2502 section 8.56, subsection 3 and subsection 4 , paragraph “a” and 1 section 8.57, subsection 1, paragraph “a” , there is transferred 2 from the cash reserve fund created in section 8.56 to the 3 general fund of the state for the fiscal year beginning July 1, 4 2016, and ending June 30, 2017, the following amount: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $131,100,000 6 Sec. 9. 2018 Iowa Acts, House File 2441, section 17, 7 subsection 1, is amended by striking the subsection. 8 Sec. 10. 2018 Iowa Acts, Senate File 2117, section 11, 9 subsection 1, is amended to read as follows: 10 1. There is appropriated from the Iowa economic emergency 11 fund created in section 8.55 to the general fund of the state 12 for the fiscal year beginning July 1, 2017 2016 , and ending 13 June 30, 2018 2017 , the following amount: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,000,000 15 Sec. 11. 2018 Iowa Acts, Senate File 2117, section 12, is 16 amended to read as follows: 17 SEC. 12. RETROACTIVE APPLICABILITY. The following 18 provision or provisions of this division of this Act apply 19 retroactively to September 28, 2017 June 30, 2017 : 20 The section of this division of this Act appropriating 21 moneys from the Iowa economic emergency fund to the general 22 fund in lieu of a prior standing appropriation. 23 Sec. 12. RETROACTIVE APPLICABILITY. The following applies 24 retroactively to May 12, 2017: 25 The section of this division of this Act amending 2017 Iowa 26 Acts, chapter 170, section 13. 27 Sec. 13. RETROACTIVE APPLICABILITY. The following applies 28 retroactively to the effective date of section 256.9A, as 29 enacted by 2018 Iowa Acts, House File 2441, section 1: 30 The section of this division of this Act amending 2018 Iowa 31 Acts, House File 2441, section 17, subsection 1. 32 Sec. 14. EFFECTIVE DATE. This division of this Act, being 33 deemed of immediate importance, takes effect upon enactment. 34 DIVISION III 35 -4- HF 2502 (4) 87 tm/rn/md 4/ 37

H.F. 2502 CORRECTIVE PROVISIONS 1 Sec. 15. Section 9A.102, subsection 1, Code 2017, as amended 2 by 2018 Iowa Acts, Senate File 385, section 2, is amended to 3 read as follows: 4 1. “Agency contract” means an agreement in which a student 5 athlete authorizes a person to negotiate or solicit on behalf 6 of the athlete a professional sports services contract or an 7 endorsement contract. 8 Sec. 16. Section 68B.2C, as enacted by 2018 Iowa Acts, 9 Senate File 2323, section 7, is amended to read as follows: 10 68B.2C Prohibited outside employment and activities —— agents 11 of foreign principals. 12 Officials and state employees shall not engage in any 13 outside employment or activity that requires the person to 14 register under the federal Foreign Agents Registration Act of 15 1938, as amended , 22 U.S.C. §611 et seq. , as amended. 16 Sec. 17. Section 84A.4, subsection 4, paragraph f, Code 17 2018, if enacted by 2018 Iowa Acts, Senate File 2353, section 18 6, is amended to read as follows: 19 f. Proven and promising practices. The local workforce 20 development board shall lead efforts in the local workforce 21 development area to do all of the following: 22 (1) Identify identify and promote proven and promising 23 strategies and initiatives for meeting the needs of employers, 24 workers, and jobseekers, including individuals with a barrier 25 to employment, in the local workforce development system, 26 including providing physical and programmatic accessibility, 27 in accordance with 29 U.S.C. §3248, if applicable, applicable 28 provisions of chapter 216, and applicable provisions of the 29 Americans with Disabilities Act of 1990, codified at 42 U.S.C. 30 §12101 et seq., to the one-stop delivery system. 31 Sec. 18. Section 123.92, subsection 3, paragraph a, Code 32 2018, as amended by 2018 Iowa Acts, Senate File 2310, section 33 47, is amended to read as follows: 34 a. Notwithstanding section 123.49, subsection 1 , any 35 -5- HF 2502 (4) 87 tm/rn/md 5/ 37

H.F. 2502 person who is injured in person or property or means of 1 support by an intoxicated person who is under legal age or 2 resulting from the intoxication of a person who is under 3 legal age, has a right of action for all damages actually 4 sustained, severally or jointly, against a person who is 5 not a licensee or permittee and who dispensed or gave any 6 alcoholic beverage to the intoxicated underage person when the 7 nonlicensee or nonpermittee who dispensed or gave the alcoholic 8 beverage to the underage person knew or should have known the 9 underage person was intoxicated, or who dispensed or gave any 10 alcoholic beverage to the underage person to a point where the 11 nonlicensee or nonpermittee knew or should have known that the 12 underage person would become intoxicated. 13 Sec. 19. Section 135.16A, subsection 1, paragraph a, as 14 enacted by 2018 Iowa Acts, House File 2408, section 1, is 15 amended to read as follows: 16 a. “Conventional eggs” means eggs others other than 17 specialty eggs. 18 Sec. 20. Section 147C.1, subsection 7, paragraph e, 19 subparagraph (2), subparagraph division (h), as enacted by 2018 20 Iowa Acts, House File 2425, section 1, is amended to read as 21 follows: 22 (h) Disclosure of investigative records compiled for law 23 enforcement purposes of any of the following . 24 Sec. 21. Section 148H.1, subsection 4, as enacted by 2018 25 Iowa Acts, Senate File 2228, section 5, is amended to read as 26 follows: 27 4. “Genetic counseling intern” means a student enrolled in 28 a genetic counseling program accredited by the accreditation 29 council for genetic counseling or its equivalent or successor 30 organization, or the American board of medical genetics and 31 genomics or its equivalent or successor organization. 32 Sec. 22. Section 256.7, subsection 21, paragraph b, 33 subparagraph (2), subparagraph division (d), as enacted by 2018 34 Iowa Acts, House File 2235, section 1, is amended to read as 35 -6- HF 2502 (4) 87 tm/rn/md 6/ 37

H.F. 2502 follows: 1 (d) That the assessment be peer-reviewed by an independent, 2 third-party evaluator to determine that the assessment is 3 aligned with the Iowa core academic standards, provides 4 a measurement of student growth and student proficiency, 5 and meets the summative assessment requirements of the 6 federal Every Student Succeeds Act, Pub. L. No. 114-95. The 7 assessment developed by the Iowa testing service program 8 within the university of Iowa college of education shall make 9 any necessary adjustments as determined by the peer review 10 be adjusted as necessary to meet the requirements of this 11 subparagraph (2) as determined by the peer review . 12 Sec. 23. Section 256.42, subsection 5, Code 2018, as amended 13 by 2018 Iowa Acts, Senate File 2131, section 1, is amended to 14 read as follows: 15 5. Under the initiative, a student must be enrolled in 16 a participating school district or accredited nonpublic 17 school or be receiving private instruction under chapter 299A 18 as described in subsection 1. For a student enrolled in a 19 participating school district or accredited nonpublic school, 20 the school district or school is responsible for recording 21 grades received for initiative coursework in a student’s 22 permanent record, awarding high school credit for initiative 23 coursework, and issuing a high school diplomas diploma to a 24 student enrolled in the district or school who participates and 25 completes coursework under the initiative. Each participating 26 school shall identify a site coordinator to serve as a student 27 advocate and as a liaison between the initiative staff and 28 teachers and the school district or accredited nonpublic 29 school. The individual providing instruction to a student 30 under chapter 299A as described in subsection 1 shall receive 31 the student’s score for completed initiative coursework. 32 Sec. 24. Section 261.131, subsection 1, paragraph d, Code 33 2018, as enacted by 2018 Iowa Acts, House File 2458, section 34 12, is amended to read as follows: 35 -7- HF 2502 (4) 87 tm/rn/md 7/ 37

H.F. 2502 d. “Eligible program” means a program of study or an 1 academic major jointly approved by the commission and the 2 department of workforce development, in consultation with an 3 eligible institution, that leads to a credential aligned with a 4 high-demand job designated by the workforce development board 5 or a community college pursuant to section 84A.1B, subsection 6 13A. If the board or a community college removes a high-demand 7 job from a list created under section 84A.1B, subsection 13A, 8 an eligible student who received a scholarship for a program 9 based on that high-demand job shall continue to receive the 10 scholarship until achieving a postsecondary credential, up to 11 an associate degree, as long as the student continues to meet 12 all other eligibility requirements. 13 Sec. 25. Section 280.13C, subsection 4, paragraph a, Code 14 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, 15 is amended to read as follows: 16 a. The department of public health, Iowa high school 17 athletic association, and the Iowa girls high school athletic 18 union shall work together to distribute the guidelines of the 19 centers for disease control and prevention guidelines of the 20 United States department of health and human services and other 21 pertinent information to inform and educate coaches, students, 22 and the parents and guardians of students of the risks, signs, 23 symptoms, and behaviors consistent with a concussion or brain 24 injury, including the danger of continuing to participate in 25 extracurricular interscholastic activities after suffering a 26 concussion or brain injury and their responsibility to report 27 such signs, symptoms, and behaviors if they occur. 28 Sec. 26. Section 280.13C, subsection 8, paragraph a, Code 29 2018, as amended by 2018 Iowa Acts, House File 2442, section 1, 30 is amended to read as follows: 31 a. A school district or accredited nonpublic school that 32 adopts and follows the protocol required by this section and 33 provides an emergency medical care provider or a licensed 34 health care provider at a contest that is a contact or limited 35 -8- HF 2502 (4) 87 tm/rn/md 8/ 37

H.F. 2502 contact activity as identified by the American academy of 1 pediatrics shall not be liable for any claim for injuries or 2 damages based upon the actions or inactions of the emergency 3 medical care provider or the licensed health care provider 4 present at the contest at the request of the school district 5 or accredited nonpublic school so long as the emergency 6 medical care provider or the licensed health care provider 7 acts reasonably and in good faith and in the best interest of 8 the student athlete and without undue influence of the school 9 district or accredited nonpublic school or coaching staff 10 employed by the school district or accredited nonpublic school. 11 A school district or accredited nonpublic school shall not be 12 liable for any claim for injuries or damages if an emergency 13 medical care provider or a licensed health care provider who 14 was scheduled in accordance with a prearranged agreement with 15 the school district or accredited nonpublic school to be 16 present and available at a contest is not able to be present 17 and available due to documentable, unforeseen circumstances and 18 the school district or accredited nonpublic school otherwise 19 followed the protocol. 20 Sec. 27. Section 298.3, subsection 1, paragraph j, Code 21 2018, as amended by 2018 Iowa Acts, House File 2253, section 9, 22 is amended to read as follows: 23 j. The purchase of buildings or lease-purchase option 24 agreements for school buildings. However, a contract 25 for construction by a private party of property to be 26 lease-purchased by a public school corporation is a contract 27 for a public improvement as defined in section 26.2. If the 28 estimated cost of the property to be lease-purchased that is 29 renovated, repaired, or involves new construction in excess 30 of exceeds the competitive bid threshold in section 26.3, the 31 board of directors shall comply with the competitive bidding 32 requirements of section 26.3. 33 Sec. 28. Section 321G.13, subsection 2, paragraph b, 34 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 35 -9- HF 2502 (4) 87 tm/rn/md 9/ 37

H.F. 2502 Senate File 2231, section 1, is amended to read as follows: 1 (2) A person may operate or ride on a snowmobile with a 2 loaded pistol or revolver, whether concealed or not, if a the 3 person is operating or riding the snowmobile on land that is 4 not owned, possessed, or rented by the person, and the person’s 5 conduct is otherwise lawful. 6 Sec. 29. Section 321I.14, subsection 2, paragraph b, 7 subparagraph (2), Code 2018, as amended by 2018 Iowa Acts, 8 Senate File 2231, section 3, is amended to read as follows: 9 (2) A person may operate or ride on all an all-terrain 10 vehicle with a loaded pistol or revolver, whether concealed or 11 not, if a the person is operating or riding the all-terrain 12 vehicle on land that is not owned, possessed, or rented by the 13 person, and the person’s conduct is otherwise lawful. 14 Sec. 30. Section 321I.14, subsection 6, as enacted by 2018 15 Iowa Acts, Senate File 2231, section 4, is amended to read as 16 follows: 17 6. As used in this section , “rented by the person” includes 18 a person who does not necessarily rent the land but who 19 principally provides labor for the production of crops located 20 on agricultural land or for the production of livestock 21 principally located on agricultural land. The person must 22 personally provide such labor on a regular, continuous, and 23 substantial basis. 24 Sec. 31. Section 364.4, subsection 4, paragraph i, Code 25 2018, as amended by 2018 Iowa Acts, House File 2253, section 26 11, is amended to read as follows: 27 i. A contract for construction by a private party of 28 property to be lease-purchased by a city is a contract for a 29 public improvement under section 26.2, subsection 3 . If the 30 estimated cost of the property to be lease-purchased that is 31 renovated, repaired, or involves new construction exceeds the 32 competitive bid threshold set in section 26.3, the city shall 33 comply with the competitive bidding requirements of section 34 26.3. 35 -10- HF 2502 (4) 87 tm/rn/md 10/ 37

H.F. 2502 Sec. 32. Section 633.42, subsection 1, Code 2018, as amended 1 by 2018 Iowa Acts, Senate File 2098, section 3, is amended to 2 read as follows: 3 1. At any time after the issuance of letters of appointment, 4 any interested person in the proceeding may file with the 5 clerk a written request for notice of the time and place of 6 all hearings in such proceeding for which notice is required 7 by law, by rule of court, or by an order in such proceeding. 8 The request for notice shall state the name of the requester, 9 the name of the requester’s attorney, if any, and the reason 10 the requester is an interested person in the proceeding. The 11 request for notice shall provide the requester’s post office 12 address , and , if available, the requester’s electronic mail 13 address and telephone number. The request for notice shall 14 also provide the requester’s attorney’s post office address, 15 electronic mail address, and telephone number. The clerk shall 16 docket the request. Thereafter, unless otherwise ordered by 17 the court, the fiduciary shall serve by ordinary or electronic 18 mail a notice of each hearing upon such requester and the 19 requester’s attorney, if any. 20 Sec. 33. Section 633.418, Code 2018, as amended by 2018 21 Iowa Acts, Senate File 2098, section 6, is amended to read as 22 follows: 23 633.418 Form and verification of claims —— general 24 requirements. 25 No claim shall be allowed against an estate on application 26 of the claimant unless it shall be in writing, filed with 27 the clerk, stating the claimant’s name , and address , and , 28 if available, telephone number and electronic mail address, 29 describing the nature and the amount thereof, if ascertainable, 30 and accompanied by the affidavit of the claimant, or someone 31 for the claimant, that the amount is justly due, or if not yet 32 due, when it will or may become due, that no payments have been 33 made thereon which are not credited, and that there are no 34 offsets to the same, to the knowledge of the affiant, except as 35 -11- HF 2502 (4) 87 tm/rn/md 11/ 37

H.F. 2502 therein stated. If the claim is contingent, the nature of the 1 contingency shall also be stated. 2 Sec. 34. Section 651.29, subsection 5, paragraphs b and c, 3 as enacted by 2018 Iowa Acts, Senate File 2175, section 29, are 4 amended to read as follows: 5 b. If none of the cotenants has have paid the entire price 6 for the remaining interest in the heirs property, the court 7 shall resolve the partition action under section 651.30 as if 8 the interest of the cotenant that had requested partition by 9 sale of the heirs property has not been purchased. 10 c. If more than one cotenant have has paid the entire price 11 for the remaining interest in the heirs property, the court 12 shall reapportion the remaining interest among such cotenants 13 based on each cotenant’s original fractional ownership of the 14 entire heirs property divided by the total original fractional 15 ownership of all cotenants that paid the entire price for 16 the remaining interest. The court shall promptly issue an 17 order reallocating all cotenants’ interests, disburse the 18 amounts held by the court to the persons entitled to such 19 disbursements, and promptly refund any excess payments held by 20 the court to the appropriate persons. 21 Sec. 35. Section 655.6, subsection 1, as enacted by 2018 22 Iowa Acts, House File 2232, section 5, is amended to read as 23 follows: 24 1. The mortgagee established reasonable procedures to 25 achieve compliance with its obligations under section 655.3. 26 Sec. 36. Section 716.11, subsection 1, paragraph b, as 27 enacted by 2018 Iowa Acts, Senate File 2235, section 1, is 28 amended to read as follows: 29 b. A gas, oil, petroleum, refined petroleum product, 30 renewable fuel, or chemical critical generation, storage , 31 transportation, or delivery system. 32 Sec. 37. 2018 Iowa Acts, Senate File 2117, section 1, 33 paragraphs p and s, are amended to read as follows: 34 p. Department of economic Economic development authority 35 -12- HF 2502 (4) 87 tm/rn/md 12/ 37

H.F. 2502 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 157,960 1 s. College student aid commission 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,172 3 Sec. 38. 2018 Iowa Acts, House File 2442, section 4, is 4 amended to read as follows: 5 SEC. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 6 with section 25B.2, subsection 3, the state cost of requiring 7 compliance with any state mandate included in this division 8 of this Act shall be paid by a school district from state 9 school foundation aid received by the school district under 10 section 257.16. This specification of the payment of the state 11 cost shall be deemed to meet all of the state funding-related 12 requirements of section 25B.2, subsection 3, and no additional 13 state funding shall be necessary for the full implementation of 14 this Act by and enforcement of this Act against all affected 15 school districts. 16 Sec. 39. REPEAL. 2018 Iowa Acts, House File 2348, section 17 9, is repealed. 18 Sec. 40. REPEAL. 2018 Iowa Acts, House File 2457, sections 19 115 and 116 are repealed. 20 Sec. 41. EFFECTIVE DATE. The following, being deemed of 21 immediate importance, takes effect upon enactment: 22 The section of this division of this Act amending 2018 Iowa 23 Acts, Senate File 2117, section 1, paragraphs “p” and “s”. 24 Sec. 42. RETROACTIVE APPLICABILITY. The following applies 25 retroactively to March 28, 2018: 26 The section of this division of this Act amending 2018 Iowa 27 Acts, Senate File 2117, section 1, paragraphs “p” and “s”. 28 Sec. 43. APPLICABILITY. The following apply July 1, 2018, 29 to probate filings made on or after that date: 30 1. The section of this division of this Act amending section 31 633.42. 32 2. The section of this division of this Act amending section 33 633.418. 34 DIVISION IV 35 -13- HF 2502 (4) 87 tm/rn/md 13/ 37

H.F. 2502 LAND ACQUISITION AND INVENTORY 1 Sec. 44. LAND ACQUISITION AND INVENTORY. 2 1. By December 1, 2018, the department of natural resources 3 shall submit a report to the general assembly including all 4 financial assistance provided to private entities for the 5 acquisition of land and an inventory of all land managed or 6 owned on behalf of the state by the department. 7 2. The portion of the report regarding financial assistance 8 to private entities for land acquisition shall include the 9 name of the private entities, a description of the assistance 10 provided, the price of the tract, the date the assistance 11 was provided, the date of full loan repayment or cessation 12 of the linked deposit account, and the total amount of 13 outstanding loans and linked deposits associated with such land 14 acquisitions. This portion of the report shall also include 15 information regarding the land purchase including the location 16 and description of the land, a description of the conservation 17 benefits of the purchase, the name of the seller, the price 18 paid, and the size of the tract. If the land was later 19 acquired by a governmental entity, the report shall include the 20 name of the governmental entity, the date of the subsequent 21 acquisition, the price paid, and the source of the funds. 22 3. The portion of the report regarding the land inventory 23 shall include a list of all properties owned by the state whose 24 purchase or donation was facilitated by the department and a 25 list of properties which are managed by the department, but 26 not owned by the state. For each owned tract of land, the 27 inventory shall include the location of the tract, the date 28 of acquisition or first management agreement, the name of the 29 seller or donor of the tract, the price paid for state-owned 30 land and the source of the funds; the owner of the tract if not 31 owned by the state, the size of the tract, the present use of 32 the tract including whether the property is open to the public, 33 and the identification of the government entity charged with 34 managing the tract. The inventory shall also identify the 35 -14- HF 2502 (4) 87 tm/rn/md 14/ 37

H.F. 2502 location and size of all tracts which were conveyed to cities 1 or counties within the past twenty years after termination of 2 state ownership. 3 4. For the fiscal year beginning July 1, 2018, the 4 environmental protection commission shall not authorize a 5 contract or approve costs related to the purchase of land 6 which obligates moneys from the water pollution control works 7 revolving loan fund for financial assistance to acquire new 8 land under the general nonpoint source program set-aside. 9 DIVISION V 10 IOWA GEOLOGICAL SURVEY 11 Sec. 45. 2018 Iowa Acts, House File 2491, section 21, if 12 enacted, is amended to read as follows: 13 SEC. 53A. STATE UNIVERSITY OF IOWA GEOGRAPHICAL AND WATER 14 GEOLOGICAL SURVEY. There is appropriated from the environment 15 first fund created in section 8.57A to the state university of 16 Iowa for the fiscal year beginning July 1, 2018, and ending 17 June 30, 2019, the following amounts, or so much thereof as is 18 necessary, to be used for the purposes designated: 19 1. OPERATIONS 20 For purposes of supporting the operations of the Iowa 21 geological and water survey of the state as created within the 22 state university of Iowa pursuant to section 456.1 as amended 23 by 2018 Iowa Acts, House File 2303, section 12, including 24 but not limited to providing analysis; data maintenance, 25 collection, and compilation; investigative programs; and 26 information for water supply development and protection: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 28 2. WATER RESOURCE MANAGEMENT 29 For purposes of supporting the Iowa geological and water 30 survey in measuring, assessing, and evaluating the quantity 31 of water sources in this state and assisting the department 32 of natural resources in regulating water quantity as provided 33 in chapter 455B, division III, part 4, pursuant to sections 34 455B.262B and 456.14, as enacted by this Act: 35 -15- HF 2502 (4) 87 tm/rn/md 15/ 37

H.F. 2502 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 1 DIVISION VI 2 PODIATRY 3 Sec. 46. Section 147.139, subsections 3 and 4, Code 2018, 4 are amended to read as follows: 5 3. If the defendant is board-certified in a specialty, the 6 person is certified in the same or a substantially similar 7 specialty by a board recognized by the American board of 8 medical specialties , or the American osteopathic association , 9 or the council on podiatric medical education . 10 4. a. If the defendant is a licensed physician or 11 osteopathic physician under chapter 148 , the person is a 12 physician or osteopathic physician licensed in this state or 13 another state. 14 b. If the defendant is a licensed podiatric physician under 15 chapter 149, the person is a physician, osteopathic physician, 16 or a podiatric physician licensed in this state or another 17 state. 18 DIVISION VII 19 CATTLE GUARDS 20 Sec. 47. Section 314.30, subsection 1, paragraph c, as 21 enacted by 2018 Iowa Acts, Senate File 449, section 1, is 22 amended to read as follows: 23 c. The landowner owns the property on both sides of the 24 street or highway and owns property on both sides of any access 25 to the street or highway . 26 Sec. 48. 2018 Iowa Acts, Senate File 449, is amended by 27 adding the following new section: 28 NEW SECTION . SEC. 4. INSTALLATION OF CATTLE GUARD —— 29 SUBSEQUENT COUNTY ACTION. Any cattle guard installed pursuant 30 to this Act on or before April 25, 2018, that meets the 31 requirements of this Act at the time of installation shall not 32 be ordered uninstalled or found to be noncompliant with this 33 Act as a result of any action taken after April 25, 2018, by 34 the county with jurisdiction over the street or highway on 35 -16- HF 2502 (4) 87 tm/rn/md 16/ 37

H.F. 2502 which the cattle guard is installed to alter the area service 1 classification of the street or highway or to otherwise alter 2 the street or highway in such a way that the installation of 3 the cattle guard no longer complies with this Act. 4 Sec. 49. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. 6 Sec. 50. RETROACTIVE APPLICABILITY. This division of this 7 Act applies retroactively to April 17, 2018. 8 DIVISION VIII 9 DRAMSHOP 10 Sec. 51. Section 123.92, subsection 1, paragraph a, Code 11 2018, as amended by 2018 Iowa Acts, Senate File 2169, section 12 1, is amended to read as follows: 13 a. Any Subject to the limitation amount specified in 14 paragraph “c” , if applicable, any third party who is not the 15 intoxicated person who caused the injury at issue and who 16 is injured in person or property or means of support by an 17 intoxicated person or resulting from the intoxication of a 18 person, has a right of action for damages actually sustained, 19 severally or jointly , up to the amount specified in paragraph 20 “c” , against any licensee or permittee, whether or not the 21 license or permit was issued by the division or by the 22 licensing authority of any other state, who sold and served any 23 beer, wine, or intoxicating liquor directly to the intoxicated 24 person, provided that the person was visibly intoxicated at the 25 time of the sale or service. 26 Sec. 52. NEW SECTION . 505.33 Dramshop liability insurance 27 evaluation. 28 The division shall biennially conduct an evaluation 29 concerning minimum coverage requirements of dramshop liability 30 insurance. In conducting the evaluation, the division 31 shall include a comparison of other states’ minimum dramshop 32 liability insurance coverage and any other relevant issues 33 the division identifies. By January 31, 2019, and every two 34 years thereafter, the division shall submit a report, including 35 -17- HF 2502 (4) 87 tm/rn/md 17/ 37

H.F. 2502 any findings and recommendations, to the general assembly as 1 provided in chapter 7A. 2 Sec. 53. REPEAL. 2018 Iowa Acts, Senate File 2169, section 3 2, is repealed. 4 DIVISION IX 5 ALCOHOL 6 Sec. 54. Section 123.30, subsection 3, paragraphs a and 7 b, Code 2018, as amended by 2018 Iowa Acts, Senate File 2310, 8 section 12, are amended to read as follows: 9 a. Class “A”. A class “A” liquor control license may be 10 issued to a club and shall authorize the holder to purchase 11 alcoholic liquors in original unopened containers from class 12 “E” liquor control licensees only, wine from class “A” wine 13 permittees or class “B” wine permittees who also hold class “E” 14 liquor control licenses only as provided in section 123.173 15 and section 123.177 , and to sell alcoholic beverages to bona 16 fide members and their guests by the individual drink for 17 consumption on the premises only. 18 b. Class “B”. A class “B” liquor control license may be 19 issued to a hotel or motel and shall authorize the holder to 20 purchase alcoholic liquors in original unopened containers from 21 class “E” liquor control licensees only, wine from class “A” 22 wine permittees or class “B” wine permittees who also hold 23 class “E” liquor control licenses only as provided in section 24 123.173 and section 123.177 , and to sell alcoholic beverages to 25 patrons by the individual drink for consumption on the premises 26 only. However, beer may also be sold for consumption off the 27 premises. Each license shall be effective throughout the 28 premises described in the application. 29 Sec. 55. Section 123.30, subsection 3, paragraph c, 30 subparagraph (1), Code 2018, as amended by 2018 Iowa Acts, 31 Senate File 2310, section 12, is amended to read as follows: 32 (1) A class “C” liquor control license may be issued to 33 a commercial establishment but must be issued in the name of 34 the individuals who actually own the entire business and shall 35 -18- HF 2502 (4) 87 tm/rn/md 18/ 37