House File 2643 - Reprinted HOUSE FILE 2643 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 710) (As Amended and Passed by the House June 12, 2020 ) 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 HF 2643 (3) 88 ns/tm/md
H.F. 2643 DIVISION I 1 CONTINUING APPROPRIATIONS 2 Section 1. CONTINUING APPROPRIATIONS —— FY 2020-2021. 3 1. APPROPRIATIONS DETERMINED FROM FY 2019-2020 LINE ITEM 4 AND LIMITED STANDING APPROPRIATIONS. 5 a. For all line item appropriations, standing limited 6 appropriations, and standing unlimited appropriations otherwise 7 limited by law, including appropriations from federal and 8 nonstate funds, the department of management, in consultation 9 with the legislative services agency, shall determine the 10 amount of such line item appropriations, standing limited 11 appropriations, and standing unlimited appropriations otherwise 12 limited by law, including appropriations from federal and 13 nonstate funds, made for the fiscal year beginning July 1, 14 2019, and ending June 30, 2020, by taking into consideration 15 all of the following: 16 (1) 2020 Iowa Acts, Senate Files 2144 and 2408, and other 17 2020 Iowa Acts. 18 (2) 2019 Iowa Acts. 19 (3) All interdepartmental and intradepartmental transfers 20 made pursuant to section 8.39 and other provisions of law. 21 (4) Other provisions of law. 22 b. The department of management, in consultation with the 23 legislative services agency, shall also identify the entities 24 to which such appropriations were made, or the entities’ 25 successors. 26 2. CONTINUING APPROPRIATIONS. There is appropriated 27 from the appropriate state fund or account to the entities 28 identified pursuant to subsection 1, for the fiscal year 29 beginning July 1, 2020, and ending June 30, 2021, amounts, or 30 so much thereof as is necessary, equal to the amounts of all 31 line item appropriations, standing limited appropriations, and 32 standing unlimited appropriations otherwise limited by law, 33 including federal and nonstate funds, made for the fiscal year 34 beginning July 1, 2019, and ending June 30, 2020, as determined 35 -1- HF 2643 (3) 88 ns/tm/md 1/ 45
H.F. 2643 pursuant to subsection 1, to be used for the same designated 1 purposes. 2 3. DUPLICATIVE STANDING APPROPRIATIONS SUPPLANTED. The 3 amounts appropriated under subsection 2 shall supplant 4 any duplicative standing appropriation for the fiscal year 5 beginning July 1, 2020, and ending June 30, 2021. 6 4. MISCELLANEOUS PROVISIONS APPLICABLE TO FY 2020–2021. 7 Any powers, duties, limitations, or requirements, including 8 reporting requirements, set forth in 2019 Iowa Acts, chapters 9 85, 89, 131, 135, 136, 154, 155, and 163, for the fiscal 10 year beginning July 1, 2019, and ending June 30, 2020, are 11 applicable for the fiscal year beginning July 1, 2020, and 12 ending June 30, 2021, and any specified date contained therein 13 shall apply one year later than specified in such chapters. 14 5. ALLOCATION AMOUNTS. For any line item appropriation, 15 standing limited appropriation, or standing unlimited 16 appropriation otherwise limited by law identified pursuant 17 to subsection 1 which is subject to an allocation amount for 18 the fiscal year beginning July 1, 2019, and ending June 30, 19 2020, the amount appropriated under subsection 2 based on such 20 appropriation shall be subject to the same allocation amount 21 for the fiscal year beginning July 1, 2020, and ending June 30, 22 2021. 23 6. NONREVERSION PROVISIONS. For any line item 24 appropriation, standing limited appropriation, or standing 25 unlimited appropriation otherwise limited by law identified 26 pursuant to subsection 1 that is subject to a specified 27 nonreversion provision, whether for a limited or unlimited 28 period, the amount appropriated under subsection 2 based on 29 such appropriation shall be subject to the same specified 30 nonreversion provision, and in the case of a specified 31 nonreversion provision for a limited period, the period shall 32 be considered to be one fiscal year longer than specified for 33 the appropriation identified pursuant to subsection 1. 34 7. FULL-TIME EQUIVALENT POSITIONS. The amounts 35 -2- HF 2643 (3) 88 ns/tm/md 2/ 45
H.F. 2643 appropriated under subsection 2 to an entity identified 1 pursuant to subsection 1 may be used by the entity for a number 2 of full-time equivalent positions for the fiscal year beginning 3 July 1, 2020, and ending June 20, 2021, equal to the number of 4 full-time equivalent positions authorized for the entity for 5 the fiscal year beginning July 1, 2019, and ending June 30, 6 2020. 7 8. EXCLUSIONS. This section does not apply to any of the 8 following: 9 a. Appropriations made from the rebuild Iowa infrastructure 10 fund and the technology reinvestment fund pursuant to 2019 Iowa 11 Acts, chapter 137 . 12 b. Appropriations made to the department of transportation 13 from the road use tax fund and the primary road fund pursuant 14 to 2019 Iowa Acts, chapter 52 . 15 c. The appropriation made to the department of 16 administrative services from the general fund of the state for 17 establishing a listing of real property owned or leased by 18 the state pursuant to 2019 Iowa Acts, chapter 136, section 1, 19 subsection 1, paragraph “d” . 20 d. The appropriation made to the department of cultural 21 affairs from the general fund of the state for payment of 22 rent for the state records center pursuant to 2019 Iowa Acts, 23 chapter 154, section 1, subsection 1, paragraph “g” . 24 e. The appropriation made to the Iowa law enforcement 25 academy from the general fund of the state for costs associated 26 with temporary relocation of the Iowa law enforcement academy 27 pursuant to 2019 Iowa Acts, chapter 163, section 10, subsection 28 1, paragraph “a”, subparagraph (2), as amended in this Act . 29 f. The appropriation made to the department of homeland 30 security and emergency management from the general fund of the 31 state for flood recovery pursuant to 2020 Iowa Acts, Senate 32 File 2144, section 3 . 33 g. The appropriation made to the department of management 34 for distribution of moneys to other governmental entities for 35 -3- HF 2643 (3) 88 ns/tm/md 3/ 45
H.F. 2643 the payment of rate adjustments established by the office of 1 the chief information officer pursuant to 2019 Iowa Acts, 2 chapter 136, section 16, subsection 2. 3 h. Any line item appropriation, standing limited 4 appropriation, or standing unlimited appropriation otherwise 5 limited by law that is otherwise provided for in this Act. 6 Sec. 2. REPEAL. 2020 Iowa Acts, Senate File 2408, sections 7 7 and 8, are repealed. 8 DIVISION II 9 ADMINISTRATION AND REGULATION APPROPRIATIONS —— FY 2020-2021 10 Sec. 3. DEPARTMENT OF ADMINISTRATIVE SERVICES. There 11 is appropriated from the general fund of the state to the 12 department of administrative services for the fiscal year 13 beginning July 1, 2020, and ending June 30, 2021, the following 14 amount, or so much thereof as is necessary, to be used for the 15 purposes designated: 16 For the payment of utility costs, and for not more than the 17 following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,882,948 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 20 Notwithstanding section 8.33 , any excess moneys appropriated 21 for utility costs in this section shall not revert to the 22 general fund of the state at the end of the fiscal year but 23 shall remain available for expenditure for the purposes 24 designated during the succeeding fiscal year. 25 DIVISION III 26 EDUCATION APPROPRIATIONS —— FY 2020-2021 27 Sec. 4. STATE BOARD OF REGENTS. There is appropriated from 28 the general fund of the state to the state board of regents 29 for the fiscal year beginning July 1, 2020, and ending June 30 30, 2021, the following amounts, or so much thereof as is 31 necessary, to be used for the purposes designated: 32 1. STATE SCHOOL FOR THE DEAF 33 For salaries, support, maintenance, and miscellaneous 34 purposes, and for not more than the following full-time 35 -4- HF 2643 (3) 88 ns/tm/md 4/ 45
H.F. 2643 equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,536,171 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 101.84 3 2. IOWA BRAILLE AND SIGHT SAVING SCHOOL 4 For salaries, support, maintenance, and miscellaneous 5 purposes, and for not more than the following full-time 6 equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,434,459 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 58.00 9 Sec. 5. Section 261.20, subsection 2, Code 2020, is amended 10 to read as follows: 11 2. The maximum balance of the scholarship and tuition 12 grant reserve fund is an amount equal to one two percent of 13 the funds appropriated to the scholarship and tuition grant 14 programs under section 261.25 during the preceding fiscal year. 15 The moneys in the fund shall be placed in separate accounts 16 within the fund, according to the source and purpose of the 17 original appropriation. Moneys in the various accounts shall 18 only be used to alleviate a current fiscal year shortfall in 19 appropriations for scholarship or tuition grant programs that 20 have the same nature as the programs for which the moneys 21 were originally appropriated. At the conclusion of a fiscal 22 year, any surplus appropriations made to the commission for 23 scholarship or tuition grant programs are appropriated to the 24 scholarship and grant reserve fund in an amount equal to the 25 amount of the surplus or the amount necessary to achieve the 26 maximum balance, whichever amount is less. 27 DIVISION IV 28 HEALTH AND HUMAN SERVICES APPROPRIATIONS —— FY 2020-2021 29 Sec. 6. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 30 GRANT. There is appropriated from the fund created in section 31 8.41 to the department of human services for the fiscal year 32 beginning July 1, 2020, and ending June 30, 2021, from moneys 33 received under the federal temporary assistance for needy 34 families (TANF) block grant pursuant to the federal Personal 35 -5- HF 2643 (3) 88 ns/tm/md 5/ 45
H.F. 2643 Responsibility and Work Opportunity Reconciliation Act of 1996, 1 Pub. L. No. 104-193, and successor legislation, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purposes designated: 4 To be credited to the family investment program account and 5 used for assistance under the family investment program under 6 chapter 239B : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,002,006 8 Sec. 7. MEDICAL ASSISTANCE. There is appropriated from the 9 general fund of the state to the department of human services 10 for the fiscal year beginning July 1, 2020, and ending June 30, 11 2021, the following amount, or so much thereof as is necessary, 12 to be used for the purpose designated: 13 For medical assistance program reimbursement and associated 14 costs as specifically provided in the reimbursement 15 methodologies in effect on June 30, 2020, except as otherwise 16 expressly authorized by law, consistent with options under 17 federal law and regulations, and contingent upon receipt of 18 approval from the office of the governor of reimbursement for 19 each abortion performed under the program: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,466,364,409 21 The prohibitions, limitations, transfers, authorizations, 22 requirements applicable to state and private entities, and 23 requirements applicable to the use of appropriated moneys, 24 including allocation amounts, set forth in 2019 Iowa Acts, 25 chapter 85, section 13, subsections 1 through 20, apply to 26 the moneys appropriated in this section for the fiscal year 27 beginning July 1, 2020, and ending June 30, 2021. 28 Sec. 8. STATE SUPPLEMENTARY ASSISTANCE. 29 1. There is appropriated from the general fund of the 30 state to the department of human services for the fiscal year 31 beginning July 1, 2020, and ending June 30, 2021, the following 32 amount, or so much thereof as is necessary, to be used for the 33 purpose designated: 34 For the state supplementary assistance program: 35 -6- HF 2643 (3) 88 ns/tm/md 6/ 45
H.F. 2643 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,349,002 1 2. The department shall increase the personal needs 2 allowance for residents of residential care facilities by the 3 same percentage and at the same time as federal supplemental 4 security income and federal social security benefits are 5 increased due to a recognized increase in the cost of living. 6 The department may adopt emergency rules to implement this 7 subsection. 8 3. If during the fiscal year beginning July 1, 2020, 9 the department projects that state supplementary assistance 10 expenditures for a calendar year will not meet the federal 11 pass-through requirement specified in Tit. XVI of the federal 12 Social Security Act, section 1618, as codified in 42 U.S.C. 13 §1382g, the department may take actions including but not 14 limited to increasing the personal needs allowance for 15 residential care facility residents and making programmatic 16 adjustments or upward adjustments of the prescribed residential 17 care facility or in-home health-related care reimbursement 18 rates to ensure that federal requirements are met. In 19 addition, the department may make other programmatic and rate 20 adjustments necessary to remain within the amount appropriated 21 in this section while ensuring compliance with federal 22 requirements. The department may adopt emergency rules to 23 implement the provisions of this subsection. 24 4. Notwithstanding section 8.33 , moneys appropriated 25 in this section that remain unencumbered or unobligated 26 at the close of the fiscal year shall not revert but 27 shall remain available for expenditure for the purposes 28 designated, including for liability amounts associated with the 29 supplemental nutrition assistance program payment error rate, 30 until the close of the succeeding fiscal year. 31 Sec. 9. CHILDREN’S HEALTH INSURANCE PROGRAM. 32 1. There is appropriated from the general fund of the 33 state to the department of human services for the fiscal year 34 beginning July 1, 2020, and ending June 30, 2021, the following 35 -7- HF 2643 (3) 88 ns/tm/md 7/ 45
H.F. 2643 amount, or so much thereof as is necessary, to be used for the 1 purpose designated: 2 For maintenance of the healthy and well kids in Iowa (hawk-i) 3 program pursuant to chapter 514I , including supplemental dental 4 services, for receipt of federal financial participation under 5 Tit. XXI of the federal Social Security Act, which creates the 6 children’s health insurance program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,598,984 8 2. Of the funds appropriated in this section, $146,682 is 9 allocated for continuation of the contract for outreach with 10 the department of public health. 11 3. A portion of the funds appropriated in this section may 12 be transferred to the appropriations made for field operations 13 or medical contracts to be used for the integration of hawk-i 14 program eligibility, payment, and administrative functions 15 under the purview of the department of human services, 16 including for the Medicaid management information system 17 upgrade. 18 Sec. 10. STATE RESOURCE CENTERS. 19 1. There is appropriated from the general fund of the 20 state to the department of human services for the fiscal year 21 beginning July 1, 2020, and ending June 30, 2021, the following 22 amounts, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 a. For the state resource center at Glenwood for salaries, 25 support, maintenance, and miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,700,867 27 b. For the state resource center at Woodward for salaries, 28 support, maintenance, and miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,913,360 30 2. The department may continue to bill for state resource 31 center services utilizing a scope of services approach used for 32 private providers of intermediate care facilities for persons 33 with an intellectual disability services, in a manner which 34 does not shift costs between the medical assistance program, 35 -8- HF 2643 (3) 88 ns/tm/md 8/ 45
H.F. 2643 counties, or other sources of funding for the state resource 1 centers. 2 3. The state resource centers may expand the time-limited 3 assessment and respite services during the fiscal year. 4 4. If the department’s administration and the department 5 of management concur with a finding by a state resource 6 center’s superintendent that projected revenues can reasonably 7 be expected to pay the salary and support costs for a new 8 employee position, or that such costs for adding a particular 9 number of new positions for the fiscal year would be less 10 than the overtime costs if new positions would not be added, 11 the superintendent may add the new position or positions. If 12 the vacant positions available to a resource center do not 13 include the position classification desired to be filled, the 14 state resource center’s superintendent may reclassify any 15 vacant position as necessary to fill the desired position. The 16 superintendents of the state resource centers may, by mutual 17 agreement, pool vacant positions and position classifications 18 during the course of the fiscal year in order to assist one 19 another in filling necessary positions. 20 5. If existing capacity limitations are reached in 21 operating units, a waiting list is in effect for a service or 22 a special need for which a payment source or other funding 23 is available for the service or to address the special need, 24 and facilities for the service or to address the special need 25 can be provided within the available payment source or other 26 funding, the superintendent of a state resource center may 27 authorize opening not more than two units or other facilities 28 and begin implementing the service or addressing the special 29 need during fiscal year 2020-2021. 30 6. Notwithstanding section 8.33 , and notwithstanding 31 the amount limitation specified in section 222.92 , moneys 32 appropriated in this section that remain unencumbered or 33 unobligated at the close of the fiscal year shall not revert 34 but shall remain available for expenditure for the purposes 35 -9- HF 2643 (3) 88 ns/tm/md 9/ 45
H.F. 2643 designated until the close of the succeeding fiscal year. 1 Sec. 11. JUVENILE INSTITUTION. There is appropriated 2 from the general fund of the state to the department of human 3 services for the fiscal year beginning July 1, 2020, and ending 4 June 30, 2021, the following amounts, or so much thereof as is 5 necessary, to be used for the purposes designated: 6 1. a. For operation of the state training school at Eldora 7 and for salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,029,488 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 207.00 12 b. Of the funds appropriated in this subsection, $91,000 13 shall be used for distribution to licensed classroom teachers 14 at this and other institutions under the control of the 15 department of human services based upon the average student 16 yearly enrollment at each institution as determined by the 17 department. 18 2. A portion of the moneys appropriated in this section 19 shall be used by the state training school at Eldora for 20 grants for adolescent pregnancy prevention activities at the 21 institution in the fiscal year beginning July 1, 2020. 22 3. Of the funds appropriated in this subsection, $212,000 23 shall be used by the state training school at Eldora for a 24 substance use disorder treatment program at the institution for 25 the fiscal year beginning July 1, 2020. 26 4. Notwithstanding section 8.33 , moneys appropriated in 27 this section that remain unencumbered or unobligated at the 28 close of the fiscal year shall not revert but shall remain 29 available for expenditure for the purposes designated until the 30 close of the succeeding fiscal year. 31 DIVISION V 32 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND OTHER 33 PROVISIONS 34 RURAL PSYCHIATRIC RESIDENCIES 35 -10- HF 2643 (3) 88 ns/tm/md 10/ 45
H.F. 2643 Sec. 12. 2019 Iowa Acts, chapter 85, section 3, subsection 1 4, paragraph j, is amended to read as follows: 2 j. Of the funds appropriated in this subsection, $400,000 3 shall be used for rural psychiatric residencies to support the 4 annual creation and training of four psychiatric residents who 5 will provide mental health services in underserved areas of 6 the state. Notwithstanding section 8.33, moneys that remain 7 unencumbered or unobligated at the close of the fiscal year 8 shall not revert but shall remain available for expenditure for 9 the purposes designated for subsequent fiscal years. 10 FAMILY INVESTMENT PROGRAM ACCOUNT 11 Sec. 13. 2019 Iowa Acts, chapter 85, section 9, is amended 12 by adding the following new subsection: 13 NEW SUBSECTION . 7. Notwithstanding section 8.33, moneys 14 appropriated in this section that remain unencumbered or 15 unobligated at the close of the fiscal year shall not revert 16 but shall remain available for expenditure for the purposes 17 designated, and may be transferred to the appropriations made 18 in this division of this Act for general administration and 19 field operations for technology needs including the eligibility 20 integrated applications solutions (ELIAS) project, until the 21 close of the succeeding fiscal year. 22 STATE SUPPLEMENTARY ASSISTANCE 23 Sec. 14. 2019 Iowa Acts, chapter 85, section 15, subsection 24 4, is amended to read as follows: 25 4. Notwithstanding section 8.33 , moneys appropriated 26 in this section that remain unencumbered or unobligated 27 at the close of the fiscal year shall not revert but 28 shall remain available for expenditure for the purposes 29 designated , including for liability amounts associated with the 30 supplemental nutrition assistance program payment error rate, 31 until the close of the succeeding fiscal year. 32 CHILD AND FAMILY SERVICES 33 Sec. 15. 2019 Iowa Acts, chapter 85, section 19, subsection 34 18, is amended to read as follows: 35 -11- HF 2643 (3) 88 ns/tm/md 11/ 45
H.F. 2643 18. Of the funds appropriated in this section, at least 1 $147,000 shall be used for the continuation of the child 2 welfare provider training academy, a collaboration between the 3 coalition for family and children’s services in Iowa and the 4 department. Notwithstanding section 8.33, moneys allocated 5 under this subsection that remain unencumbered or unobligated 6 at the close of the fiscal year shall not revert but shall 7 remain available for expenditure for the purposes designated 8 until the close of the succeeding fiscal year. 9 Sec. 16. 2019 Iowa Acts, chapter 85, section 19, is amended 10 by adding the following new subsection: 11 NEW SUBSECTION . 24. Notwithstanding section 8.33, moneys 12 appropriated in this section that remain unencumbered or 13 unobligated at the close of the fiscal year shall not revert 14 but shall remain available for expenditure for the purposes 15 designated, and including services implemented to meet the 16 requirements of the federal Family First Prevention Services 17 Act, until the close of the succeeding fiscal year. 18 MENTAL HEALTH INSTITUTES 19 Sec. 17. 2019 Iowa Acts, chapter 85, section 24, subsection 20 2, is amended to read as follows: 21 2. a. Notwithstanding sections 218.78 and 249A.11 , any 22 revenue received from the state mental health institute at 23 Cherokee or the state mental health institute at Independence 24 pursuant to 42 C.F.R §438.6(e) may be retained and expended by 25 the mental health institute. 26 b. Notwithstanding sections 218.78 and 249A.11, any 27 COVID-19 related funding received through federal funding 28 sources by the state mental health institute at Cherokee or the 29 state mental health institute at Independence may be retained 30 and expended by the mental health institute. 31 FIELD OPERATIONS 32 Sec. 18. 2019 Iowa Acts, chapter 85, section 27, is amended 33 by adding the following new subsection: 34 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 35 -12- HF 2643 (3) 88 ns/tm/md 12/ 45
H.F. 2643 appropriated in this section that remain unencumbered or 1 unobligated at the close of the fiscal year shall not revert 2 but shall remain available for expenditure for the purposes 3 designated until the close of the succeeding fiscal year. 4 GENERAL ADMINISTRATION 5 Sec. 19. 2019 Iowa Acts, chapter 85, section 28, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION . 7. Notwithstanding section 8.33, moneys 8 appropriated in this section that remain unencumbered or 9 unobligated at the close of the fiscal year shall not revert 10 but shall remain available for expenditure for the purposes 11 designated until the close of the succeeding fiscal year. 12 DECATEGORIZATION FY 2018 CARRYOVER FUNDING 13 Sec. 20. DECATEGORIZATION CARRYOVER FUNDING FY 2018 —— 14 TRANSFER TO MEDICAID PROGRAM. Notwithstanding section 232.188, 15 subsection 5, paragraph “b”, any state-appropriated moneys in 16 the funding pool that remained unencumbered or unobligated 17 at the close of the fiscal year beginning July 1, 2017, and 18 were deemed carryover funding to remain available for the two 19 succeeding fiscal years that still remain unencumbered or 20 unobligated at the close of the fiscal year beginning July 1, 21 2019, shall not revert but shall be transferred to the medical 22 assistance program for the fiscal year beginning July 1, 2020. 23 Sec. 21. LIMITATION NOT APPLICABLE TO FY 2020-2021. All 24 of the following amendments to 2019 Iowa Acts, chapter 85, are 25 not applicable to the associated appropriations made for the 26 fiscal year beginning July 1, 2020, and ending June 30, 2021, 27 notwithstanding section 1 of this Act: 28 1. 2019 Iowa Acts, chapter 85, section 9, as amended in this 29 division of this Act. 30 2. 2019 Iowa Acts, chapter 85, section 19, subsection 18, as 31 amended in this division of this Act. 32 3. 2019 Iowa Acts, chapter 85, section 19, subsection 24, if 33 enacted by this division of this Act. 34 4. 2019 Iowa Acts, chapter 85, section 27, as amended in 35 -13- HF 2643 (3) 88 ns/tm/md 13/ 45
H.F. 2643 this division of this Act. 1 5. 2019 Iowa Acts, chapter 85, section 28, as amended in 2 this division of this Act. 3 Sec. 22. LIMITATION APPLICABLE TO FY 2020-2021. All of 4 the following amendments to 2019 Iowa Acts, chapter 85, are 5 applicable to the associated appropriations made for the fiscal 6 year beginning July 1, 2020, and ending June 30, 2021, pursuant 7 to section 1 of this Act: 8 1. 2019 Iowa Acts, chapter 85, section 3, subsection 4, 9 paragraph “j”. 10 2. 2019 Iowa Acts, chapter 85, section 15, subsection 4. 11 3. 2019 Iowa Acts, chapter 85, section 24, subsection 2, as 12 amended in this division of this Act. 13 Sec. 23. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 Sec. 24. RETROACTIVE APPLICABILITY. This division of this 16 Act applies retroactively to July 1, 2019. 17 DIVISION VI 18 HEALTH AND HUMAN SERVICES —— FY 2019-2020 PROVISIONS NOT 19 APPLICABLE FOR FY 2020-2021 20 Sec. 25. HEALTH AND HUMAN SERVICES PROVISIONS NOT 21 APPLICABLE TO FY 2020-2021. The following provisions of 2019 22 Iowa Acts, chapter 85, are not applicable to the associated 23 appropriations made for the fiscal year beginning July 1, 2020, 24 and ending June 30, 2021, notwithstanding section 1 of this 25 Act: 26 1. 2019 Iowa Acts, chapter 85, section 3, subsection 2, 27 paragraph “a”. 28 2. 2019 Iowa Acts, chapter 85, section 3, subsection 7, 29 paragraph “b”. 30 3. 2019 Iowa Acts, chapter 85, section 3, subsection 9, 31 paragraph “b”. 32 4. 2019 Iowa Acts, chapter 85, section 4, subsection 1. 33 5. 2019 Iowa Acts, chapter 85, section 9, subsection 4. 34 6. 2019 Iowa Acts, chapter 85, section 13, subsections 21, 35 -14- HF 2643 (3) 88 ns/tm/md 14/ 45
H.F. 2643 22, 23, and 24. 1 7. 2019 Iowa Acts, chapter 85, section 22, subsection 2. 2 8. 2019 Iowa Acts, chapter 85, section 24, subsection 1, 3 paragraph “a”, subparagraph (2). 4 9. 2019 Iowa Acts, chapter 85, section 24, subsection 1, 5 paragraph “b”, subparagraph (2). 6 10. 2019 Iowa Acts, chapter 85, section 26, subsection 1, 7 paragraph “b”. 8 11. 2019 Iowa Acts, chapter 85, section 27, subsection 2. 9 12. 2019 Iowa Acts, chapter 85, section 32, subsection 1. 10 13. 2019 Iowa Acts, chapter 85, section 33. 11 14. 2019 Iowa Acts, chapter 85, divisions VII, VIII, XI, 12 XII, XIV, XVI, XIX, and XXVII. 13 DIVISION VII 14 HEALTH AND HUMAN SERVICES —— NEW PROVISIONS APPLICABLE FOR FY 15 2020-2021 16 STATE MEDICAL EXAMINER 17 Sec. 26. STATE MEDICAL EXAMINER —— USE OF MONEYS. For 18 the fiscal year beginning July 1, 2020, and ending June 30, 19 2021, a portion of the moneys appropriated from the general 20 fund of the state to the department of public health for 21 public protection shall be used to support the office of the 22 state medical examiner and to address the growth in demand 23 for services. The office of the state medical examiner shall 24 enter into a memorandum of understanding with the university 25 of Iowa hospitals and clinics to coordinate the completion of 26 forensic autopsies to address increased caseloads and prolonged 27 backlogs, and to promote regional efficiencies. 28 HOPES —— HFI 29 Sec. 27. HEALTHY OPPORTUNITIES FOR PARENTS TO EXPERIENCE 30 SUCCESS (HOPES) —— HEALTHY FAMILIES IOWA (HFI) PROGRAM. For 31 the fiscal year beginning July 1, 2020, and ending June 30, 32 2021, of the funds appropriated from the general fund of the 33 state to the department of public health for healthy children 34 and families, not more than $734,000 shall be used for the 35 -15- HF 2643 (3) 88 ns/tm/md 15/ 45
H.F. 2643 healthy opportunities for parents to experience success (HOPES) 1 —— healthy families Iowa (HFI) program established pursuant to 2 section 135.106. 3 SEXUAL VIOLENCE PREVENTION PROGRAMMING 4 Sec. 28. SEXUAL VIOLENCE PREVENTION PROGRAMMING. For 5 the fiscal year beginning July 1, 2020, and ending June 6 30, 2021, of the moneys appropriated from the general fund 7 of the state to the department of public health for public 8 protection, up to $243,000 shall be used for sexual violence 9 prevention programming through a statewide organization 10 representing programs serving victims of sexual violence 11 through the department’s sexual violence prevention program, 12 and for continuation of a training program for sexual assault 13 response team (SART) members, including representatives of 14 law enforcement, victim advocates, prosecutors, and certified 15 medical personnel. The amount allocated in this section shall 16 not be used to supplant funding administered for other sexual 17 violence prevention or victims assistance programs. 18 TAX PREPARATION ASSISTANCE 19 Sec. 29. DEPARTMENT OF HUMAN SERVICES —— TAX PREPARATION 20 ASSISTANCE. For the fiscal year beginning July 1, 2020, and 21 ending June 30, 2021, of the moneys appropriated from the 22 general fund of the state to the department of human services 23 to be credited to the family investment program account and 24 used for family investment assistance under chapter 239B, 25 $195,000 shall be used for a contract executed in accordance 26 with 2019 Iowa Acts, chapter 85, section 9, subsection 4, 27 with an Iowa-based nonprofit organization with a history of 28 providing tax preparation assistance to low-income Iowans in 29 order to expand the usage of the earned income tax credit. 30 The purpose of the contract is to supply this assistance to 31 underserved areas of the state. 32 HEALTH PROGRAM OPERATIONS 33 Sec. 30. HEALTH PROGRAM OPERATIONS. There is appropriated 34 from the general fund of the state to the department of human 35 -16- HF 2643 (3) 88 ns/tm/md 16/ 45
H.F. 2643 services for the fiscal year beginning July 1, 2020, and ending 1 June 30, 2021, the following amount or so much thereof as is 2 necessary, to be used for the purposes designated: 3 For health program operations: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,831,343 5 1. The department of inspections and appeals shall provide 6 all state matching moneys for survey and certification 7 activities performed by the department of inspections 8 and appeals. The department of human services is solely 9 responsible for distributing the federal matching moneys for 10 such activities. 11 2. Of the moneys appropriated in this section, $50,000 shall 12 be used for continuation of home and community-based services 13 waiver quality assurance programs, including the review and 14 streamlining of processes and policies related to oversight and 15 quality management to meet state and federal requirements. 16 3. Of the amount appropriated in this section, up to 17 $200,000 may be transferred to the appropriation for general 18 administration to be used for additional full-time equivalent 19 positions in the development of key health initiatives such 20 as development and oversight of managed care programs and 21 development of health strategies targeted toward improved 22 quality and reduced costs in the Medicaid program. 23 4. Of the moneys appropriated in this section, $1,000,000 24 shall be used for planning and development, in cooperation with 25 the department of public health, of a phased-in program to 26 provide a dental home for children. 27 5. a. Of the moneys appropriated in this section, $573,000 28 shall be credited to the autism support program fund created 29 in section 225D.2 to be used for the autism support program 30 created in chapter 225D, with the exception of the following 31 amount of this allocation which shall be used as follows: 32 b. Of the moneys allocated in this subsection, $25,000 shall 33 be used for the public purpose of continuation of a grant to a 34 nonprofit provider of child welfare services that has been in 35 -17- HF 2643 (3) 88 ns/tm/md 17/ 45
H.F. 2643 existence for more than 115 years, is located in a county with 1 a population between 200,000 and 220,000 according to the most 2 recent federal decennial census, is licensed as a psychiatric 3 medical institution for children, and provides school-based 4 programming, to be used for support services for children with 5 autism spectrum disorder and their families. 6 Sec. 31. REFERENCES TO MEDICAL CONTRACTS —— REPLACED. For 7 the fiscal year beginning July 1, 2020, and ending June 30, 8 2021, all references in 2019 Iowa Acts, chapter 85, division V, 9 to “medical contracts” shall be replaced with the term “health 10 program operations” and all transfers of funds made to or from 11 the appropriation for medical contracts shall instead be made 12 to or from the appropriation for health program operations. 13 CHILD AND FAMILY SERVICES 14 Sec. 32. CHILD AND FAMILY SERVICES —— GROUP FOSTER 15 CARE. For the fiscal year beginning July 1, 2020, and ending 16 June 30, 2021, of the funds appropriated from the general fund 17 of the state to the department of human services for child and 18 family services, $26,025,000 is allocated as the statewide 19 expenditure target under section 232.143 for group foster care 20 maintenance and services. If the department projects that such 21 expenditures for the fiscal year will be less than the target 22 amount allocated in this paragraph “a”, the department may 23 reallocate the excess to provide additional funding for family 24 foster care, independent living, family-centered services, 25 shelter care, or the child welfare emergency services addressed 26 with the allocation for shelter care. 27 FAMILY SUPPORT SUBSIDY PROGRAM 28 Sec. 33. FAMILY SUPPORT SUBSIDY PROGRAM. For the fiscal 29 year beginning July 1, 2020, and ending June 30, 2021, of the 30 moneys appropriated from the general fund of the state to the 31 department of human services for the family support subsidy 32 program, at least $875,195 is transferred to the department 33 of public health for the family support center component of 34 the comprehensive family support program under chapter 225C, 35 -18- HF 2643 (3) 88 ns/tm/md 18/ 45
H.F. 2643 subchapter V. 1 DEPARTMENT OF HUMAN SERVICES PROVIDER REIMBURSEMENTS 2 Sec. 34. PROVIDERS REIMBURSED UNDER THE DEPARTMENT OF HUMAN 3 SERVICES. 4 1. For the fiscal year beginning July 1, 2020, and 5 ending June 30, 2021, the following reimbursement rates and 6 methodologies shall apply: 7 a. (1) For the fiscal year beginning July 1, 2020, 8 case-mix, non-case-mix, and special population nursing 9 facilities shall be reimbursed in accordance with the 10 methodology in effect on June 30, 2020. 11 (2) For managed care claims, the department of human 12 services shall adjust the payment rate floor for nursing 13 facilities, annually, to maintain a rate floor that is no 14 lower than the Medicaid fee-for-service case-mix adjusted 15 rate calculated in accordance with subparagraph (1) and 16 441 IAC 81.6. The department shall then calculate adjusted 17 reimbursement rates, including but not limited to add-on 18 payments, annually, and shall notify Medicaid managed care 19 organizations of the adjusted reimbursement rates within 30 20 days of determining the adjusted reimbursement rates. Any 21 adjustment of reimbursement rates under this subparagraph shall 22 be budget neutral to the state budget. 23 (3) Medicaid managed care organizations shall adjust 24 facility-specific rates based upon payment rate listings issued 25 by the department. The rate adjustments shall be applied 26 prospectively from the effective date of the rate letter issued 27 by the department. 28 b. For the fiscal year beginning July 1, 2020, reimbursement 29 rates for inpatient hospital services shall be rebased 30 effective October 1, 2020, subject to Medicaid program upper 31 payment limit rules, and adjusted as necessary to maintain 32 expenditures within the amount appropriated to the department 33 for this purpose for the fiscal year. 34 c. For the fiscal year beginning July 1, 2020, under 35 -19- HF 2643 (3) 88 ns/tm/md 19/ 45
H.F. 2643 both fee-for-service and managed care administration of 1 the Medicaid program, critical access hospitals shall be 2 reimbursed for inpatient and outpatient services based on the 3 hospital-specific critical access hospital cost adjustment 4 factor methodology utilizing the most recent and complete cost 5 reporting period as applied prospectively within the funds 6 appropriated for such purpose for the fiscal year. 7 d. For the fiscal year beginning July 1, 2020, assertive 8 community treatment per diem rates shall remain at the rates in 9 effect on June 30, 2020. 10 e. Notwithstanding section 234.38, for the fiscal 11 year beginning July 1, 2020, the foster family basic daily 12 maintenance rate and the maximum adoption subsidy rate for 13 children ages 0 through 5 years shall be $16.78, the rate for 14 children ages 6 through 11 years shall be $17.45, the rate for 15 children ages 12 through 15 years shall be $19.10, and the 16 rate for children and young adults ages 16 and older shall be 17 $19.35. For youth ages 18 through 23 who have exited foster 18 care, the preparation for adult living program maintenance rate 19 shall be $602.70 per month. The maximum payment for adoption 20 subsidy nonrecurring expenses shall be limited to $500 and the 21 disallowance of additional amounts for court costs and other 22 related legal expenses implemented pursuant to 2010 Iowa Acts, 23 chapter 1031, section 408, shall be continued. 24 f. For the fiscal year beginning July 1, 2020, the 25 reimbursement rate for family-centered services providers shall 26 be established by contract. 27 2. With the exception of the providers and services 28 specified in subsection 1, all other provider and service 29 reimbursement rates and methodologies specified in 2019 Iowa 30 Acts, chapter 85, section 31, shall continue to be applicable 31 for the fiscal year beginning July 1, 2020, and ending June 30, 32 2021. 33 EMERGENCY RULES 34 Sec. 35. EMERGENCY RULES. 35 -20- HF 2643 (3) 88 ns/tm/md 20/ 45
H.F. 2643 1. If necessary to comply with federal requirements 1 including time frames, or if specifically authorized by a 2 provision of this division of this Act, the department of 3 human services or the mental health and disability services 4 commission may adopt administrative rules under section 17A.4, 5 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 6 to implement the provisions of this division of this Act and 7 the rules shall become effective immediately upon filing or 8 on a later effective date specified in the rules, unless the 9 effective date of the rules is delayed or the applicability 10 of the rules is suspended by the administrative rules review 11 committee. Any rules adopted in accordance with this section 12 shall not take effect before the rules are reviewed by the 13 administrative rules review committee. The delay authority 14 provided to the administrative rules review committee under 15 section 17A.4, subsection 7, and section 17A.8, subsection 9, 16 shall be applicable to a delay imposed under this section, 17 notwithstanding a provision in those sections making them 18 inapplicable to section 17A.5, subsection 2, paragraph “b”. 19 Any rules adopted in accordance with the provisions of this 20 section shall also be published as a notice of intended action 21 as provided in section 17A.4. 22 2. If during a fiscal year, the department of human 23 services is adopting rules in accordance with this section 24 or as otherwise directed or authorized by state law, and the 25 rules will result in an expenditure increase beyond the amount 26 anticipated in the budget process or if the expenditure was 27 not addressed in the budget process for the fiscal year, the 28 department shall notify the persons designated by this division 29 of this Act for submission of reports, the chairpersons and 30 ranking members of the committees on appropriations, and 31 the department of management concerning the rules and the 32 expenditure increase. The notification shall be provided at 33 least 30 calendar days prior to the date notice of the rules 34 is submitted to the administrative rules coordinator and the 35 -21- HF 2643 (3) 88 ns/tm/md 21/ 45
H.F. 2643 administrative code editor. 1 REPORT ON NONREVERSION OF FUNDS 2 Sec. 36. REPORT ON NONREVERSION OF FUNDS. The department 3 of human services shall report the expenditure of any moneys 4 for which nonreversion authorization was provided for the 5 fiscal year beginning July 1, 2019, and ending June 30, 2020, 6 for the family investment program account, state supplementary 7 assistance, child and family services, the mental health 8 institutes, field operations, or general administration to the 9 chairpersons and ranking members of the joint appropriations 10 subcommittee on health and human services, the legislative 11 services agency, and the four legislative caucus staffs on a 12 quarterly basis beginning October 1, 2020. 13 CHILD AND FAMILY SERVICES 14 Sec. 37. CHILD AND FAMILY SERVICES APPROPRIATION. For the 15 fiscal year beginning July 1, 2020, and ending June 30, 2021, a 16 portion of the funds appropriated from the general fund of the 17 state to the department of human services for child and family 18 services may be used for family-centered services for purposes 19 of complying with the federal Family First Prevention Services 20 Act of 2018, Pub. L. No. 115-123, and successor legislation. 21 DIVISION VIII 22 PUBLIC HEALTH EMERGENCY PROVISIONS 23 COVID-19 REGULATIONS 24 Sec. 38. COVID-19 FEDERAL REGULATION. For the time 25 period beginning on the effective date of this division of 26 this Act, and ending June 30, 2021, notwithstanding state 27 administrative rules to the contrary, to the extent federal 28 regulations relating to the COVID-19 pandemic differ from state 29 administrative rules, including applicable federal waivers, the 30 federal regulations are controlling during the pendency of the 31 federally declared state of emergency. 32 COUNTY HOSPITAL FUNDING 33 Sec. 39. COUNTY HOSPITAL FUNDING —— SUSTAINING OF HOSPITAL 34 OPERATIONS. For the time period beginning on the effective 35 -22- HF 2643 (3) 88 ns/tm/md 22/ 45
H.F. 2643 date of this division of this Act, and ending June 30, 2021, 1 notwithstanding any provision of section 347.14, subsection 2 4, to the contrary, a board of trustees of a county hospital 3 may borrow moneys secured solely by hospital revenues for the 4 purpose of providing working capital or for general financing 5 needs to sustain hospital operations. 6 Sec. 40. COUNTY HOSPITAL FUNDING —— NONCURRENT DEBT 7 ISSUANCE. For the time period beginning on the effective 8 date of this division of this Act, and ending June 30, 2021, 9 notwithstanding any provision of section 331.478, subsections 10 2 and 3, to the contrary, a board of trustees of a county 11 hospital may authorize noncurrent debt for the purpose of 12 providing working capital or for general financing needs to 13 sustain a county hospital’s operations including in the form of 14 natural disaster loans from the state or federal government. 15 Sec. 41. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 DIVISION IX 18 MENTAL HEALTH AND DISABILITY SERVICES 19 Sec. 42. Section 331.389, subsection 4, paragraph c, Code 20 2020, is amended to read as follows: 21 c. The department shall work with any county that has not 22 agreed to be part of a region in accordance with paragraph 23 “a” and with the regions forming around the county to resolve 24 issues preventing the county from joining a region. In 25 addition to the regional governance agreement requirements 26 in section 331.392, the department may compel the county and 27 region to engage in mediation for resolution of a dispute. 28 The costs incurred for mediation shall be paid by the county 29 and the region in dispute according to their governance 30 agreement. A county that has not agreed to be part of a 31 region in accordance with paragraph “a” shall be assigned by 32 the department to a region, unless exempted prior to July 1, 33 2014. A county assigned by the department to a region shall 34 be included in that region’s amended governance agreement 35 -23- HF 2643 (3) 88 ns/tm/md 23/ 45
H.F. 2643 pursuant to this section as of an effective date designated by 1 the department. The assigned county and region shall operate 2 according to the region’s existing governance agreement until 3 the regional governance agreement is amended. 4 Sec. 43. Section 331.389, subsection 5, Code 2020, is 5 amended to read as follows: 6 5. a. If the department determines that a region or an 7 exempted county is not adequately fulfilling the requirements 8 under this chapter for a regional service system, the 9 department shall address the region or county in the following 10 order: 11 a. (1) Require compliance with a corrective action plan. 12 b. (2) Reduce the amount of the annual state funding 13 provided for the regional service system, not to exceed fifteen 14 percent of the amount. 15 c. (3) Withdraw approval for the region or for the county 16 exemption, as applicable. 17 b. The department shall rely on all information available, 18 including annual audits submitted under section 331.391, 19 regional governance agreements submitted under section 331.392, 20 and annual service and budget plans submitted under section 21 331.393 in determining whether a region or an exempted county 22 is adequately fulfilling the requirements for a regional 23 service system. The department may request and review 24 financial documents, contracts, and other audits, and may 25 perform on-site reviews and interviews to gather information. 26 Sec. 44. Section 331.392, subsection 4, Code 2020, is 27 amended to read as follows: 28 4. The financial provisions of the agreement shall include 29 all of the following: 30 a. Methods for pooling, management, and expenditure of the 31 funding under the control of the regional administrator. If 32 the agreement does not provide for pooling of the participating 33 county moneys in a single fund, the agreement shall specify how 34 the participating county moneys will be subject to the control 35 -24- HF 2643 (3) 88 ns/tm/md 24/ 45
H.F. 2643 of the regional administrator. 1 b. (1) Methods for allocating administrative funding and 2 resources. 3 (2) Methods for allocating a region’s cash flow amount in 4 the event a county leaves the region. A region’s cash flow 5 amount shall be divided by the percentage of each county’s 6 population according to the region’s population indicated 7 in the region’s annual service and budget plan and shall be 8 allocated to the counties. This subparagraph shall apply to 9 all agreements in existence or entered into on or after July 10 1, 2020. 11 c. Contributions and uses of initial funding or related 12 contributions made by the counties participating in the 13 region for purposes of commencing operations by the regional 14 administrator. 15 d. Methods for acquiring or disposing of real property. 16 e. A process for determining the use of savings for 17 reinvestment. 18 f. A process for performance of an annual independent audit 19 of the regional administrator. The annual independent audit 20 prepared by the regional administrator shall be submitted to 21 the department upon completion of the audit. 22 Sec. 45. Section 331.392, Code 2020, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 6. All agreements shall be submitted to the 25 department. The department shall approve the agreement if the 26 agreement complies with the requirements of this section. 27 Sec. 46. MENTAL HEALTH AND DISABILITY SERVICES —— 28 REGIONALIZATION AUTHORIZATION. 29 1. The department of human services shall facilitate the 30 county social services mental health and disability services 31 region dividing into two separate regions. All member 32 counties shall participate in the planning as required by the 33 department. Counties in the western portion of the region may 34 form a new region if the counties meet the requirements of 35 -25- HF 2643 (3) 88 ns/tm/md 25/ 45
H.F. 2643 this section. Counties in the eastern portion of the region 1 shall retain the name county social services if a new region is 2 formed by the counties in the western portion of the region. 3 2. County formation of a proposed new mental health and 4 disability services region pursuant to this section is subject 5 to all of the following: 6 a. The aggregate population of all counties forming 7 the region is at least 50,000 and includes at least one 8 incorporated city with a population of more than 24,000. For 9 purposes of this subparagraph, “population” means the same as 10 defined in section 331.388, subsection 4, Code 2020. 11 b. Notwithstanding section 331.389, subsection 4, on or 12 before February 1, 2021, the counties forming the region have 13 complied with section 331.389, subsection 3, and all of the 14 following additional requirements: 15 (1) The board of supervisors of each county forming the 16 region has voted to approve a chapter 28E agreement. 17 (2) The duly authorized representatives of all the counties 18 forming the region have signed a chapter 28E agreement that is 19 in compliance with section 331.392 and 441 IAC 25.14. 20 (3) The county board of supervisors’ or supervisors’ 21 designee members and other members of the region’s governing 22 board are appointed in accordance with section 331.390. 23 (4) Executive staff for the region’s regional administrator 24 are identified or engaged. 25 (5) The regional service management plan is developed in 26 accordance with section 331.393 and 441 IAC 25.18 and 441 IAC 27 25.21 and is submitted to the department. 28 (6) The initial regional service management plan shall 29 identify the service provider network for the region, identify 30 the information technology and data management capacity to be 31 employed to support regional functions, and establish business 32 functions, accounting procedures, and other administrative 33 processes. 34 c. Each county forming the region shall submit the 35 -26- HF 2643 (3) 88 ns/tm/md 26/ 45
H.F. 2643 compliance information required in paragraph “b” to the 1 director of human services on or before February 1, 2021. 2 Within forty-five days of receipt of such information, the 3 director of human services shall determine if the region is in 4 full compliance and shall approve the region if the region has 5 met all of the requirements of this section. 6 d. The director of human services shall work with a county 7 making a request under this section that has not agreed or 8 is unable to join the proposed new region to resolve issues 9 preventing the county from joining the proposed new region. 10 e. By February 1, 2021, the director of human services 11 shall assign a county, making a request under this section 12 that has not reached an agreement to be part of the proposed 13 new region, to an existing region or to another new proposed 14 region, consistent with this section. 15 3. If approved by the department, the region shall commence 16 full operations no later than July 1, 2021. 17 Sec. 47. MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER 18 OF FUNDS. Notwithstanding section 331.432, a county with a 19 population of over 300,000 based on the most recent federal 20 decennial census may transfer funds from any other fund 21 of the county to the mental health and disability regional 22 services fund for the purposes of providing mental health and 23 disability services for the fiscal year beginning July 1, 24 2020, and ending June 30, 2021. The county shall submit a 25 report to the governor and the general assembly by September 26 1, 2021, including the source of any funds transferred, the 27 amount of the funds transferred, and the mental health and 28 disability services provided with the transferred funds. The 29 county shall work with the department to maximize the use of 30 the medical assistance program and other third-party payment 31 sources, including but not limited to identifying individuals 32 enrolled with or eligible for Medicaid whose Medicaid-covered 33 services are being paid by the county or could be converted to 34 Medicaid-covered services. 35 -27- HF 2643 (3) 88 ns/tm/md 27/ 45
H.F. 2643 DIVISION X 1 FOSTER HOME INSURANCE FUND 2 Sec. 48. Section 237.13, Code 2020, is amended by striking 3 the section and inserting in lieu thereof the following: 4 237.13 Foster home insurance fund. 5 1. For the purposes of this section, “foster home” means an 6 individual, as defined in section 237.1, subsection 7, who is 7 licensed to provide child foster care and shall also be known 8 as a “licensed foster home” . 9 2. The foster home insurance fund shall be administered by 10 the department of human services. The fund shall consist of 11 all moneys appropriated by the general assembly for deposit 12 in the fund. The department shall use moneys in the fund to 13 reimburse foster parents for the cost of purchasing foster care 14 liability insurance and to perform the administrative functions 15 necessary to carry out this section. 16 3. The department of human services shall adopt rules, 17 pursuant to chapter 17A, to carry out the provisions of this 18 section. 19 DIVISION XI 20 VETERANS HOME CARRYFORWARD 21 Sec. 49. Section 35D.18, subsection 5, Code 2020, is amended 22 to read as follows: 23 5. Notwithstanding section 8.33 , any up to eight hundred 24 thousand dollars of the balance in the Iowa veterans home 25 annual appropriation or revenues that remains unencumbered or 26 unobligated at the close of the fiscal year shall not revert 27 but shall remain available for expenditure for specified 28 purposes of the Iowa veterans home until the close of the 29 succeeding fiscal year. 30 DIVISION XII 31 PROPERTY TAX CREDITS 32 Sec. 50. PROPERTY TAX CREDITS. 33 1. In lieu of the standing appropriations in the following 34 designated sections, for the fiscal year beginning July 1, 35 -28- HF 2643 (3) 88 ns/tm/md 28/ 45
H.F. 2643 2020, and ending June 30, 2021, there is appropriated from 1 the general fund of the state the following amounts for the 2 following designated purposes: 3 a. For reimbursement for the homestead property tax credit 4 under section 425.1: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $139,984,518 6 b. For implementing the elderly and disabled tax credit and 7 reimbursement pursuant to sections 425.16 through 425.40: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,500,000 9 2. If the director of revenue determines that the amount of 10 claims for credit for property taxes due pursuant to paragraphs 11 “a” and “b”, plus the amount of claims for reimbursement for 12 rent constituting property taxes paid which are to be paid 13 during a fiscal year may exceed the total amount appropriated 14 for that fiscal year, the director shall estimate the 15 percentage of the credits and reimbursements which will be 16 funded by the appropriation. The county treasurer shall notify 17 the director of the amount of property tax credits claimed by 18 June 26, 2020. The director shall estimate the percentage of 19 the property tax credits and rent reimbursement claims that 20 will be funded by the appropriation and notify the county 21 treasurer of the percentage estimate by June 30, 2020. The 22 estimated percentage shall be used in computing for each claim 23 the amount of property tax credit and reimbursement for rent 24 constituting property taxes paid for that fiscal year. If 25 the director overestimates the percentage of funding, claims 26 for reimbursement for rent constituting property taxes paid 27 shall be paid until they can no longer be paid at the estimated 28 percentage of funding. Rent reimbursement claims filed after 29 that point in time shall receive priority and shall be paid in 30 the following fiscal year. 31 Sec. 51. TAXPAYER RELIEF FUND —— APPROPRIATION. There 32 is appropriated from the taxpayer relief fund created in 33 section 8.57E to the department of revenue for the fiscal year 34 beginning July 1, 2020, and ending June 30, 2021, the following 35 -29- HF 2643 (3) 88 ns/tm/md 29/ 45
H.F. 2643 amounts, or so much thereof as is necessary, to be used for the 1 purposes designated: 2 1. For reimbursement for the homestead property tax credit 3 under section 425.1: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,799,690 5 2. For implementing the elderly and disabled tax credit and 6 reimbursement pursuant to sections 425.16 through 425.40: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,460,000 8 Sec. 52. RETROACTIVE APPLICABILITY. This division of this 9 Act, if approved by the governor after June 26, 2020, applies 10 retroactively to June 26, 2020. 11 DIVISION XIII 12 CORRECTIVE PROVISIONS 13 Sec. 53. Section 100B.41, as enacted by 2020 Iowa Acts, 14 Senate File 2259, section 1, is amended to read as follows: 15 100B.41 Donation of fire fighting, emergency medical 16 response, and law enforcement equipment. 17 A fire department, emergency medical services provider, or 18 law enforcement agency may donate used vehicles or equipment 19 to an organization that provides fire response or emergency 20 medical services, or to a law enforcement agency. An entity 21 making a good faith donation of equipment pursuant to this 22 subsection section shall be immune from civil liability from 23 any claim arising from the performance, failure to perform, 24 nature, age, condition, or packaging of any vehicle or 25 equipment used in fire fighting, emergency medical response, 26 or law enforcement. 27 Sec. 54. Section 124E.9, subsection 15, if enacted by 2020 28 Iowa Acts, House File 2589, section 20, is amended to read as 29 follows: 30 15. A medical cannabidiol dispensary may dispense more 31 than a combined total of four and one-half grams of total 32 tetrahydrocannabinol to a patient and the patient’s primary 33 caregiver in a ninety-day period if any of the following apply: 34 a. The health care practitioner who certified the patient to 35 -30- HF 2643 (3) 88 ns/tm/md 30/ 45
H.F. 2643 receive a medical cannabidiol registration card certifies that 1 patient’s debilitating medical condition is a terminal illness 2 with a life expectancy of less than one year. A certification 3 issued pursuant to this paragraph shall include a total 4 tetrahydrocannabinol cap deemed appropriate by the patient’s 5 health care practitioner. 6 b. The health care practitioner who certified the patient 7 to receive a medical cannabidiol registration card certifies 8 that the patient has participated in the medical cannabidiol 9 program and that the health care practitioner has determined 10 that four and one-half grams of total tetrahydrocannabinol 11 in a ninety-day period is insufficient to treat the 12 patient’s debilitating medical condition. A certification 13 issued pursuant to this paragraph shall include a total 14 tetrahydrocannabinol cap deemed appropriate by the patient’s 15 health care practitioner. 16 Sec. 55. Section 218.70, Code 2020, as amended by 2020 Iowa 17 Acts, House File 2536, section 78, if enacted, is amended to 18 read as follows: 19 218.70 Payment to party entitled. 20 Moneys transmitted to the treasurer or of state under 21 section 218.68 shall be paid, at any time within ten years 22 from the death of the intestate, to any person who is shown 23 to be entitled thereto. Payment shall be made from the state 24 treasury out of the support fund of such institution in the 25 manner provided for the payment of other claims from that fund. 26 Sec. 56. Section 260C.48, subsection 1, paragraph a, 27 subparagraph (2), Code 2020, as enacted by 2020 Iowa Acts, 28 House File 2454, section 1, is amended to read as follows: 29 (2) For purposes of subparagraph (1), subparagraph 30 divisions (b) and (c), if the instructor is a licensed 31 practitioner who holds a career and technical endorsement under 32 chapter 272 , relevant work experience in the occupational area 33 includes but is not limited to classroom instruction in a 34 career and technical education subject area offered by a school 35 -31- HF 2643 (3) 88 ns/tm/md 31/ 45
H.F. 2643 district or accredited nonpublic school. 1 Sec. 57. Section 321.279, subsection 2, paragraph b, as 2 enacted by 2020 Iowa Acts, Senate File 2275, section 1, is 3 amended to read as follows: 4 b. The driver of a motor vehicle who commits a violation 5 under this section subsection and who has previously committed 6 a violation under this section subsection or subsection 3 is, 7 upon conviction, guilty of a class “D” felony. 8 Sec. 58. Section 514C.35, subsection 4, paragraph d, 9 subparagraph (1), if enacted by 2020 Iowa Acts, Senate File 10 2261, section 5, is amended to read as follows: 11 (1) A any Any school, other than a public school, that is 12 accredited pursuant to section 256.11 for any and all levels 13 for grades one through twelve. 14 Sec. 59. Section 709.23, subsection 2, if enacted by 2020 15 Iowa Acts, House File 2554, section 4, is amended to read as 16 follows: 17 2. A person who commits continuous sexual abuse of a 18 child is, upon conviction, guilty of a class “B” felony. 19 Notwithstanding section 902.9, subsection 1, paragraph “b” , 20 a person convicted of a violation of this subsection section 21 involving any combination of three or more acts of sexual abuse 22 that includes a violation of section 709.3 or 709.4 shall be 23 confined for no more than fifty years. 24 Sec. 60. 2020 Iowa Acts, Senate File 2357, section 9, 25 subsection 2, paragraph b, subparagraph (1), subparagraph 26 division (a), is amended to read as follows: 27 (a) Review of requirements. The supervising physician and 28 the physician assistant shall review all of the requirements 29 of physician assistant licensure, practice, supervision, and 30 delegation of medical services as set forth in section 148.13 31 and chapter 148C, the Iowa administrative code chapter chapters 32 under 653 IAC , and 645 IAC chapters 326 to 329. 33 Sec. 61. 2020 Iowa Acts, Senate File 2357, section 10, 34 subsection 1, unnumbered paragraph 1, is amended to read as 35 -32- HF 2643 (3) 88 ns/tm/md 32/ 45
H.F. 2643 follows: 1 The Notwithstanding section 148C.5, the board of physician 2 assistants shall rescind all of the following: 3 Sec. 62. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. 5 Sec. 63. RETROACTIVE APPLICABILITY. The following apply 6 retroactively to March 18, 2020: 7 1. The section of this division of this Act amending 2020 8 Iowa Acts, Senate File 2357, section 9. 9 2. The section of this division of this Act amending 2020 10 Iowa Acts, Senate File 2357, section 10. 11 DIVISION XIV 12 IOWA STATE FAIR BOARD —— BOND AUTHORIZATION 13 Sec. 64. IOWA STATE FAIR BOARD —— BOND AUTHORIZATION. If 14 the Iowa state fair board decides not to hold the Iowa state 15 fair for the fiscal year beginning July 1, 2020, and ending 16 June 30, 2021, the Iowa state fair board is authorized to 17 issue and sell negotiable revenue bonds of the Iowa state fair 18 authority pursuant to section 173.14B during the fiscal year 19 for purposes of providing sufficient funds for the advancement 20 of any of its corporate purposes, including salaries, support, 21 maintenance, and miscellaneous purposes. 22 DIVISION XV 23 IOWA LAW ENFORCEMENT ACADEMY —— RELOCATION 24 Sec. 65. 2019 Iowa Acts, chapter 163, section 10, subsection 25 1, paragraph a, subparagraph (2), is amended to read as 26 follows: 27 (2) For the costs associated with temporary relocation of 28 the Iowa law enforcement academy: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,015,442 30 Notwithstanding section 8.33, moneys appropriated in this 31 subparagraph that remain unencumbered or unobligated at the 32 close of the fiscal year shall not revert but shall remain 33 available for expenditure for the purposes designated until the 34 close of the fiscal year that begins July 1, 2020. 35 -33- HF 2643 (3) 88 ns/tm/md 33/ 45
H.F. 2643 Sec. 66. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 Sec. 67. RETROACTIVE APPLICABILITY. This division of this 3 Act, if approved by the governor on or after July 1, 2020, 4 applies retroactively to June 30, 2020. 5 DIVISION XVI 6 NONPUBLIC SCHOOL CONCURRENT ENROLLMENT 7 Sec. 68. 2019 Iowa Acts, chapter 135, section 5, subsection 8 27, is amended to read as follows: 9 27. NONPUBLIC SCHOOL CONCURRENT ENROLLMENT PAYMENTS TO 10 COMMUNITY COLLEGES 11 For payments to community colleges for the concurrent 12 enrollment of accredited nonpublic students under section 13 261E.8, subsection 2 , paragraph “b”, if enacted by 2019 Iowa 14 Acts, Senate File 603 : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 16 Notwithstanding section 8.33, moneys appropriated in this 17 subsection that remain unencumbered or unobligated at the close 18 of the fiscal year shall not revert but shall remain available 19 for expenditure for the purposes designated until the close of 20 the fiscal year that begins July 1, 2020. 21 Sec. 69. NONREVERSION NOT APPLICABLE TO FY 2020-2021. The 22 specified nonreversion provision set forth in 2019 Iowa Acts, 23 chapter 135, section 5, subsection 27, as amended in this 24 division of this Act, is not applicable to the associated 25 appropriation made for the fiscal year beginning July 1, 2020, 26 and ending June 30, 2021, notwithstanding section 1 of this 27 Act. 28 Sec. 70. EFFECTIVE DATE. This division of this Act, being 29 deemed of immediate importance, takes effect upon enactment. 30 Sec. 71. RETROACTIVE APPLICABILITY. This division of this 31 Act, if approved by the governor on or after July 1, 2020, 32 applies retroactively to June 30, 2020. 33 DIVISION XVII 34 RESOURCE ENHANCEMENT AND PROTECTION 35 -34- HF 2643 (3) 88 ns/tm/md 34/ 45
H.F. 2643 Sec. 72. Section 455A.18, subsection 3, paragraph a, Code 1 2020, is amended to read as follows: 2 a. For each fiscal year of the fiscal period beginning 3 July 1, 1997, and ending June 30, 2021 2023 , there is 4 appropriated from the general fund, to the Iowa resources 5 enhancement and protection fund, the amount of twenty million 6 dollars, to be used as provided in this chapter . However, 7 in any fiscal year of the fiscal period, if moneys from the 8 lottery are appropriated by the state to the fund, the amount 9 appropriated under this subsection shall be reduced by the 10 amount appropriated from the lottery. 11 DIVISION XVIII 12 CIVIL TRIALS —— LOCATION 13 Sec. 73. CIVIL TRIALS —— LOCATION. Notwithstanding any 14 provision to the contrary, for the fiscal year beginning July 15 1, 2020, and ending June 30, 2021, if all parties in a case 16 agree, a civil trial including a jury trial may take place in a 17 county contiguous to the county with proper jurisdiction, even 18 if the contiguous county is located in an adjacent judicial 19 district or judicial election district. If the trial is moved 20 pursuant to this section, court personnel shall treat the case 21 as if a change of venue occurred. 22 DIVISION XIX 23 CLERKS OF THE DISTRICT COURT 24 Sec. 74. Section 602.1215, subsection 1, Code 2020, is 25 amended to read as follows: 26 1. Subject to the provisions of section 602.1209, 27 subsection 3 , the district judges of each judicial election 28 district shall by majority vote appoint persons to serve as 29 clerks of the district court within the judicial election 30 district. The district judges of a judicial election district 31 may appoint a person to serve as clerk of the district court 32 for more than one but not more than four contiguous counties 33 county in the same judicial district. A person does not 34 qualify for appointment to the office of clerk of the district 35 -35- HF 2643 (3) 88 ns/tm/md 35/ 45
H.F. 2643 court unless the person is at the time of application a 1 resident of the state. A clerk of the district court may 2 be removed from office for cause by the chief judge of the 3 judicial district, after consultation with the district judges 4 of the judicial election district. Prior to removal, the 5 clerk of the district court shall be notified of the cause for 6 removal. 7 DIVISION XX 8 DEPARTMENT OF PUBLIC SAFETY APPROPRIATION —— FY 2019-2020 9 Sec. 75. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 10 from the general fund of the state to the department of public 11 safety for the fiscal year beginning July 1, 2019, and ending 12 June 30, 2020, the following amount, or so much thereof as is 13 necessary, to be used for the purposes designated: 14 For overtime expenses, including salaries, support, 15 maintenance, and miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,400,000 17 Notwithstanding section 8.33, moneys appropriated in this 18 section that remain unencumbered or unobligated at the close of 19 the fiscal year shall not revert but shall remain available for 20 expenditure for the purposes designated until the close of the 21 fiscal year that begins July 1, 2020. 22 Sec. 76. APPROPRIATION NOT APPLICABLE TO FY 2020-2021. The 23 appropriation set forth in this division of this Act is not 24 applicable for the fiscal year beginning July 1, 2020, and 25 ending June 30, 2021, notwithstanding section 1 of this Act. 26 Sec. 77. EFFECTIVE DATE. This division of this Act, being 27 deemed of immediate importance, takes effect upon enactment. 28 Sec. 78. RETROACTIVE APPLICABILITY. This division of this 29 Act, if approved by the governor on or after July 1, 2020, 30 applies retroactively to June 30, 2020. 31 DIVISION XXI 32 ALARM SYSTEM CONTRACTORS —— FEES AND FINES 33 Sec. 79. Section 100C.1, Code 2020, is amended by adding the 34 following new subsection: 35 -36- HF 2643 (3) 88 ns/tm/md 36/ 45
H.F. 2643 NEW SUBSECTION . 8A. “False alarm” means the activation of 1 an alarm system when a situation requiring emergency response 2 does not actually exist. For purposes of this chapter, “false 3 alarm” does not include the activation of an alarm system as a 4 result of weather conditions. 5 Sec. 80. Section 100C.6, subsection 1, Code 2020, is amended 6 to read as follows: 7 1. Relieve any person from payment of any local permit or 8 building fee , except as provided in section 100C.11 . 9 Sec. 81. NEW SECTION . 100C.11 Alarm systems —— fees or 10 fines —— limitations. 11 A political subdivision shall not adopt or enforce an 12 ordinance, resolution, rule, or other measure requiring an 13 alarm system contractor to pay a fee or fine associated with 14 any of the following: 15 1. False alarms. 16 2. Emergency response to false alarms. 17 3. Permits associated with placing or keeping an alarm 18 system in service, not including any installation permits 19 required by the political subdivision’s building code. 20 Sec. 82. NEW SECTION . 100C.12 Collection of fees. 21 1. If, prior to the effective date of this division of this 22 Act, an alarm system contractor charged its customers an amount 23 equal to the costs the political subdivision of the state 24 imposed on the alarm system contractor for permits associated 25 with placing or keeping an alarm in service, as shown on a 26 separate line item on the customer’s invoice, the alarm system 27 contractor may continue to collect from its customers such fees 28 until December 31, 2020. The alarm system contractor shall 29 pay to the political subdivision of the state or its designee 30 the fees collected under this section in accordance with the 31 instructions of the political subdivision or the political 32 subdivision’s designee. 33 2. Fees collected by an alarm system contractor under 34 this section shall not be subject to audit by a political 35 -37- HF 2643 (3) 88 ns/tm/md 37/ 45
H.F. 2643 subdivision or the political subdivision’s designee. 1 Sec. 83. EFFECTIVE DATE. This division of this Act, being 2 deemed of immediate importance, takes effect upon enactment. 3 DIVISION XXII 4 ECONOMIC DEVELOPMENT AUTHORITY 5 Sec. 84. 2019 Iowa Acts, chapter 154, section 3, subsection 6 1, paragraph b, is amended by adding the following new 7 subparagraph: 8 NEW SUBPARAGRAPH . (7) For technical assistance to 9 communications service providers in completing applications for 10 federal funds, or any other funds from any public or private 11 sources, related to improving broadband infrastructure. 12 Sec. 85. POWERS APPLICABLE TO FY 2020-2021. The powers set 13 forth in 2019 Iowa Acts, chapter 154, section 3, subsection 14 1, paragraph b, as amended in this division of this Act, are 15 applicable to the associated appropriation made for the fiscal 16 year beginning July 1, 2020, and ending June 30, 2021, pursuant 17 to section 1 of this Act. 18 Sec. 86. INSURANCE ECONOMIC DEVELOPMENT. From the 19 moneys collected by the insurance division in excess of the 20 anticipated gross revenues under section 505.7, subsection 21 3, during the fiscal year beginning July 1, 2020, $100,000 22 shall be transferred to the economic development authority for 23 insurance economic development and international insurance 24 economic development. 25 Sec. 87. UNEMPLOYMENT COMPENSATION 26 PROGRAM. Notwithstanding section 96.9, subsection 4, paragraph 27 “a”, moneys credited to the state by the secretary of the 28 treasury of the United States pursuant to section 903 of the 29 Social Security Act are appropriated to the department of 30 workforce development and shall be used by the department for 31 the administration of the unemployment compensation program 32 only. This appropriation shall not apply to any fiscal year 33 beginning after December 31, 2020. 34 Sec. 88. EFFECTIVE DATE. This division of this Act, being 35 -38- HF 2643 (3) 88 ns/tm/md 38/ 45
H.F. 2643 deemed of immediate importance, takes effect upon enactment. 1 Sec. 89. RETROACTIVE APPLICABILITY. The following applies 2 retroactively to July 1, 2019: 3 The section of this division of this Act enacting 2019 4 Iowa Acts, chapter 154, section 3, subsection 1, paragraph b, 5 subparagraph (7). 6 DIVISION XXIII 7 CONTINGENT APPROPRIATIONS —— FY 2020-2021 8 Sec. 90. COLLEGE STUDENT AID COMMISSION. There is 9 appropriated from the general fund of the state to the college 10 student aid commission for the fiscal year beginning July 1, 11 2020, and ending June 30, 2021, the following amount, or so 12 much thereof as is necessary, to be used for the purposes 13 designated: 14 For implementation of 2020 Iowa Acts, House File 2629, 15 if enacted, including salaries, support, maintenance, and 16 miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,000 18 Sec. 91. COLLEGE STUDENT AID COMMISSION. There is 19 appropriated from the general fund of the state to the college 20 student aid commission for the fiscal year beginning July 1, 21 2020, and ending June 30, 2021, the following amount, or so 22 much thereof as is necessary, to be used for the purposes 23 designated: 24 For implementation of 2020 Iowa Acts, Senate File 2398, 25 if enacted, including salaries, support, maintenance, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 28 Sec. 92. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 29 from the general fund of the state to the department of public 30 safety for the fiscal year beginning July 1, 2020, and ending 31 June 30, 2021, the following amount, or so much thereof as is 32 necessary, to be used for the purposes designated: 33 For implementation of 2020 Iowa Acts, House File 2581, as 34 amended in this Act, if enacted, including salaries, support, 35 -39- HF 2643 (3) 88 ns/tm/md 39/ 45
H.F. 2643 maintenance, and miscellaneous purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 411,000 2 Sec. 93. IOWA LAW ENFORCEMENT ACADEMY. There is 3 appropriated from the general fund of the state to the Iowa 4 law enforcement academy for the fiscal year beginning July 5 1, 2020, and ending June 30, 2021, the following amount, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 For implementation of 2020 Iowa Acts, House File 2647, 9 if enacted, including salaries, support, maintenance, and 10 miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 12 Sec. 94. CONTINGENT REPEAL. The section of this division 13 of this Act appropriating moneys to the college student aid 14 commission for implementation of 2020 Iowa Acts, House File 15 2629, is repealed if 2020 Iowa Acts, House File 2629, is not 16 enacted. 17 Sec. 95. CONTINGENT EFFECTIVE DATE. The following takes 18 effect on the effective date of 2020 Iowa Acts, Senate File 19 2398, if enacted: 20 The section of this division of this Act appropriating 21 moneys to the college student aid commission for implementation 22 of 2020 Iowa Acts, Senate File 2398. 23 Sec. 96. CONTINGENT EFFECTIVE DATE. The following takes 24 effect on the effective date of 2020 Iowa Acts, House File 25 2581, as amended in this Act, if enacted: 26 The section of this division of this Act appropriating moneys 27 to the department of public safety. 28 Sec. 97. CONTINGENT EFFECTIVE DATE. The following takes 29 effect on the effective date of 2020 Iowa Acts, House File 30 2647, if enacted: 31 The section of this division of this Act appropriating 32 moneys to the Iowa law enforcement academy. 33 DIVISION XXIV 34 ADJUSTMENT TO SCHOOL FOUNDATION AID 35 -40- HF 2643 (3) 88 ns/tm/md 40/ 45
H.F. 2643 Sec. 98. ADJUSTMENT TO STATE FOUNDATION AID FOR SCHOOL 1 BUDGET YEAR 2020-2021. 2 1. If a school district was required to repay property 3 taxes paid or had a reduction in property taxes due for school 4 taxes levied for the school budget year beginning July 1, 2019, 5 on a property that received an assessed value reduction for 6 the assessment year beginning January 1, 2018, by action of 7 the board of review or property assessment appeal board, or 8 by judicial action, and the amount of the reduction for the 9 property exceeded $47,000,000, the school district is eligible 10 for an adjustment in state foundation aid for the budget year 11 beginning July 1, 2020. 12 2. To receive the adjustment in state foundation aid, the 13 school district shall apply to the department of management 14 within thirty days following the effective date of this 15 division of this Act and section 257.12, subsection 3, shall 16 not apply. The department of management shall determine the 17 amount of adjustment in state foundation aid pursuant to 18 subsection 3. 19 3. The department of management shall determine the amount 20 of state foundation aid which the school district would 21 have received under section 257.1 for the school budget year 22 beginning July 1, 2019, in the manner provided in section 23 257.12, subsection 2. The adjustment in state foundation aid 24 under this section shall be paid as provided in section 257.16. 25 Sec. 99. EFFECTIVE DATE. This division of this Act, being 26 deemed of immediate importance, takes effect upon enactment. 27 DIVISION XXV 28 HEMP REGULATION 29 Sec. 100. REPEAL. 2020 Iowa Acts, House File 2581, section 30 19, if enacted, is repealed. 31 Sec. 101. 2020 Iowa Acts, House File 2581, if enacted, is 32 amended by adding the following new section: 33 NEW SECTION . 19A. EFFECTIVE DATE. This Act, being deemed 34 of immediate importance, takes effect upon enactment. 35 -41- HF 2643 (3) 88 ns/tm/md 41/ 45
H.F. 2643 Sec. 102. RETROACTIVE APPLICABILITY. The following applies 1 retroactively to the effective date of 2020 Iowa Acts, House 2 File 2581, as amended in this division of this Act, if enacted: 3 The section of this division of this Act repealing 2020 Iowa 4 Acts, House File 2581, section 19. 5 DIVISION XXVI 6 GRAIN REGULATION 7 Sec. 103. APPROPRIATION. There is appropriated from the 8 general fund of the state to the department of agriculture 9 and land stewardship for the fiscal year beginning July 1, 10 2020, and ending June 30, 2021, the following amount, or so 11 much thereof as is necessary, to be used for the purposes 12 designated: 13 For the administration and enforcement of chapters 203 14 and 203C, including salaries, support, maintenance, and 15 miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 350,000 17 Sec. 104. SUSPENSION. Notwithstanding section 203D.5, 18 the fees described in that section shall not be assessable or 19 owing. 20 Sec. 105. REPEAL. The section of this division of this Act 21 suspending fees under section 203D.5 is repealed on March 1, 22 2021. 23 Sec. 106. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. 25 DIVISION XXVII 26 RETURNS ON SEARCH WARRANTS 27 Sec. 107. Section 808.8, subsection 2, Code 2020, is amended 28 to read as follows: 29 2. The officer must file, with the officer’s return, a 30 complete inventory of the property taken, and state under oath 31 including a sworn statement that it is accurate to the best of 32 the officer’s knowledge. The magistrate must, if requested, 33 deliver a copy of the inventory of seized property to the 34 person from whose possession it was taken and to the applicant 35 -42- HF 2643 (3) 88 ns/tm/md 42/ 45
H.F. 2643 for the warrant. 1 Sec. 108. CONTINGENT EFFECTIVE DATE. This division of this 2 Act takes effect on the effective date of rules prescribed by 3 the supreme court and submitted to the legislative council 4 pursuant to section 602.4202, that establish processes and 5 procedures for the application and issuance of a search warrant 6 by electronic means to implement 2017 Iowa Acts, chapter 37. 7 DIVISION XXVIII 8 RURAL IMPROVEMENT ZONES 9 Sec. 109. Section 357H.1, subsection 1, Code 2020, is 10 amended to read as follows: 11 1. The board of supervisors of a county with less than 12 twenty thousand residents, not counting persons admitted or 13 committed to an institution enumerated in section 218.1 or 14 904.102 , based upon the most recent certified federal census, 15 and with a private lake real estate development adjacent to or 16 abutting in part a lake may designate an area surrounding the 17 lake, if it is an unincorporated area of the county, a rural 18 improvement zone upon receipt of a petition pursuant to section 19 357H.2 , and upon the board’s determination that the area is in 20 need of improvements. 21 Sec. 110. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 Sec. 111. APPLICABILITY. This division of this Act applies 24 to rural improvement zones in existence on or established on or 25 after the effective date of this division of this Act. 26 DIVISION XXIX 27 COUNTY ZONING 28 Sec. 112. Section 335.8, subsection 1, Code 2020, as amended 29 by 2020 Iowa Acts, House File 2512, section 3, is amended to 30 read as follows: 31 1. In order to avail itself of the powers conferred by this 32 chapter , the board of supervisors shall appoint a commission 33 consisting of eligible electors, as defined in section 39.3, 34 who reside within the area regulated by the county zoning 35 -43- HF 2643 (3) 88 ns/tm/md 43/ 45
H.F. 2643 ordinance county, but outside the corporate limits of any city , 1 to be known as the county zoning commission. The commission 2 may recommend the boundaries of the various districts and 3 appropriate regulations and restrictions to be enforced in 4 the districts. The commission shall, with due diligence, 5 prepare a preliminary report and hold public hearings on the 6 preliminary report before submitting the commission’s final 7 report. The board of supervisors shall not hold its public 8 hearings or take action until it has received the final report 9 of the commission. After the adoption of the regulations, 10 restrictions, and boundaries of districts, the zoning 11 commission may, from time to time, recommend to the board of 12 supervisors amendments, supplements, changes, or modifications. 13 The commission’s report and any recommendations may include a 14 proposed ordinance or amendments to an ordinance. 15 Sec. 113. Section 335.11, Code 2020, as amended by 2020 16 Iowa Acts, House File 2512, section 4, is amended to read as 17 follows: 18 335.11 Membership of board. 19 The board of adjustment shall consist of five members who 20 are eligible electors, as defined in section 39.3, and who 21 reside within the area regulated by the county zoning ordinance 22 county, but outside the corporate limits of any city , each to 23 be appointed for a term of five years, excepting that when the 24 board shall first be created one member shall be appointed for 25 a term of five years, one for a term of four years, one for a 26 term of three years, one for a term of two years, and one for 27 a term of one year. Members shall be removable for cause by 28 the appointing authority upon written charges and after public 29 hearing. Vacancies shall be filled for the unexpired term of 30 any member whose term becomes vacant. 31 Sec. 114. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 Sec. 115. RETROACTIVE APPLICABILITY. This division of this 34 Act applies retroactively to June 1, 2020, to members of county 35 -44- HF 2643 (3) 88 ns/tm/md 44/ 45
H.F. 2643 zoning commissions and county boards of adjustment holding 1 office on or after that date. 2 DIVISION XXX 3 COLLEGE STUDENT AID COMMISSION 4 Sec. 116. 2019 Iowa Acts, chapter 154, section 17, 5 subsection 1, paragraph d, is amended to read as follows: 6 d. COLLEGE STUDENT AID COMMISSION 7 For deposit in the future ready Iowa skilled workforce grant 8 fund established pursuant to section 261.132 , as enacted by 9 2018 Iowa Acts, chapter 1067, section 13 : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 11 Of the moneys appropriated in this lettered paragraph, 12 $600,000 shall be transferred to the future ready Iowa skilled 13 workforce last-dollar scholarship fund created in section 14 261.131. 15 Sec. 117. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 Sec. 118. RETROACTIVE APPLICABILITY. This division of this 18 Act applies retroactively to July 1, 2019. 19 DIVISION XXXI 20 CONTINGENT EFFECTIVE DATE AND RETROACTIVE APPLICABILITY 21 Sec. 119. EFFECTIVE UPON ENACTMENT. Unless otherwise 22 provided, this Act, if approved by the governor on or after 23 July 1, 2020, takes effect upon enactment. 24 Sec. 120. RETROACTIVE APPLICABILITY. Unless otherwise 25 provided, this Act, if approved by the governor on or after 26 July 1, 2020, applies retroactively to July 1, 2020. 27 -45- HF 2643 (3) 88 ns/tm/md 45/ 45