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Senate Study Bill 1275 - IntroducedA Bill ForAn Act 1relating to state and local finances by making
2appropriations, providing for legal and regulatory
3responsibilities, providing for other properly related
4matters, and including effective date and retroactive
5applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2STANDING APPROPRIATIONS AND RELATED MATTERS
3 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS — FY
42021-2022. Notwithstanding the standing appropriation in the
5following designated section for the fiscal year beginning July
61, 2021, and ending June 30, 2022, the amount appropriated from
7the general fund of the state pursuant to that section for the
8following designated purpose shall not exceed the following
9amount:
10For payment of claims for nonpublic school pupil
11transportation under section 285.2:
.................................................. $128,197,091
13If total approved claims for reimbursement for nonpublic
14school pupil transportation exceed the amount appropriated in
15accordance with this section, the department of education shall
16prorate the amount of each approved claim.
17 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID — FY 2021-2022. In
18lieu of the appropriation provided in section 257.20,
19subsection 2, the appropriation for the fiscal year
20beginning July 1, 2021, and ending June 30, 2022, for paying
21instructional support state aid under section 257.20 for the
22fiscal year is zero.
23 Sec. 3. Section 257.35, Code 2021, is amended by adding the
24following new subsection:
25 NEW SUBSECTION. 15A. Notwithstanding subsection 1, and in
26addition to the reduction applicable pursuant to subsection
272, the state aid for area education agencies and the portion
28of the combined district cost calculated for these agencies
29for the fiscal year beginning July 1, 2021, and ending June
3030, 2022, shall be reduced by the department of management by
31fifteen million dollars. The reduction for each area education
32agency shall be prorated based on the reduction that the agency
33received in the fiscal year beginning July 1, 2003.
34DIVISION II
35CORRECTIVE PROVISIONS
-1-1 Sec. 4. Section 49.73, subsection 2, paragraph b, as enacted
2by 2021 Iowa Acts, chapter 12, section 36, is amended to read
3as follows:
4b. The legislative services agency shall place on the
5internet site of the agency general assembly information
6regarding the opening and closing times of polling places until
7and including November 7, 2024. This paragraph is repealed
8effective July 1, 2025.
9 Sec. 5. Section 232D.503, subsection 6, unnumbered
10paragraph 1, as enacted by 2021 Iowa Acts, chapter 8, section
1122, is amended to read as follows:
12If the court orders termination of a guardianship established
13under this chapter and the guardian has custody of any assets
14of a protected person who is a minor or was a minor at the time
15of the minor’s death, the court shall order delivery of the
16minors minor’s assets to the minor or to a fiduciary acting
17under one or more of the following:
18 Sec. 6. Section 257.16C, subsection 3, paragraph d,
19subparagraph (4), subparagraph division (a), as enacted by 2021
20Iowa Acts, chapter 2, section 5, is amended to read as follows:
21(a) The amount appropriated to the transportation equity
22fund under this paragraph subparagraph for the immediately
23preceding fiscal year.
24 Sec. 7. Section 321.89, subsection 3A, as enacted by
252021 Iowa Acts, chapter 22, section 2, is amended to read as
26follows:
273A. Reclamation of abandoned vehicles. Prior to driving an
28abandoned vehicle away from the premises, a person who received
29or who is reclaiming the vehicle of on behalf of a person who
30received notice under subsection 3 shall present to the police
31authority or private entity, as applicable, the person’s valid
32driver’s license and proof of financial liability coverage as
33provided in section 321.20B.
34 Sec. 8. Section 422.11T, if enacted by 2021 Iowa Acts, House
35File 588, section 2, is amended to read as follows:
-2- 1422.11T Hoover presidential library tax credit.
2The tax imposed under this subchapter, less the credits
3allowed under section 422.12, shall be reduced by a Hoover
4presidential library tax credit authorized pursuant to section
515E.364.
6 Sec. 9. Section 425.16, subsection 1, Code 2021, as amended
7by 2021 Iowa Acts, chapter 41, section 15, is amended to read
8as follows:
91. In addition to the homestead tax credit allowed under
10section 425.1, subsections 1 through 4, persons who own or
11rent their homesteads and who meet the qualifications provided
12in this subchapter are eligible for a property tax credit or
13 for property taxes due or reimbursement of rent constituting
14property taxes paid.
15 Sec. 10. Section 425.18, Code 2021, as amended by 2021 Iowa
16Acts, chapter 41, section 17, is amended to read as follows:
17425.18 Right to file a claim.
18The right to file a claim for reimbursement or credit
19under this subchapter may be exercised by the claimant or
20on behalf of a claimant by the claimant’s legal guardian,
21spouse, or attorney, or by the executor or administrator of the
22claimant’s estate. If a claimant dies after having filed a
23claim for reimbursement for rent constituting property taxes
24paid, the amount of the reimbursement may be paid to another
25member of the household as determined by the department of of
26 human services. If the claimant was the only member of the
27household, the reimbursement may be paid to the claimant’s
28executor or administrator, but if neither is appointed and
29qualified within one year from the date of the filing of
30the claim, the reimbursement shall escheat to the state. If
31a claimant dies after having filed a claim for credit for
32property taxes due, the amount of credit shall be paid as if
33the claimant had not died.
34 Sec. 11. Section 425.40, subsection 1, Code 2021, as amended
35by 2021 Iowa Acts, chapter 41, section 34, is amended to read
-3-1as follows:
21. A low-income tax credit and reimbursement fund is
3created. Within the low-income tax credit and reimbursement
4fund, a rent reimbursement account is created under the control
5of the department of human services and a tax credit account
6is created under the control of the department of revenue.
7Amounts appropriated to the fund shall first be credited to the
8rent reimbursement account.
9 Sec. 12. Section 455B.175, subsection 1, unnumbered
10paragraph 1, Code 2021, as amended by 2021 Iowa Acts, House
11File 699, section 91, if enacted, is amended to read as
12follows:
13If there is substantial evidence that any person has violated
14or is violating any provision of, or any rule or standard
15established or permit issued pursuant to, this part 1 of
16subsection subchapter III, chapter 459, subchapter III, chapter
17459A, or chapter 459B, then one of the following may apply:
18 Sec. 13. Section 455B.307, subsections 1 and 3, Code 2021,
19as amended by 2021 Iowa Acts, House File 699, section 101, if
20enacted, are amended to read as follows:
211. A private agency or public agency shall not dump or
22deposit or permit the dumping or depositing of any solid waste
23at any place other than a sanitary disposal project approved
24by the director unless the agency has been granted a permit
25by the department which allows the dumping or depositing
26of solid waste on land owned or leased by the agency. The
27department shall adopt rules regarding the permitting of this
28activity which shall provide that the public interest is best
29served, but which may be based upon criteria less stringent
30than those regulating a public sanitary disposal project
31provided that the rules adopted meet the groundwater protection
32goal specified in section 455E.4. The comprehensive plans
33for these facilities may be varied in consideration of the
34types of sanitary disposal practices, hydrologic and geologic
35conditions, construction and operations characteristics, and
-4-1volumes and types of waste handled at the disposal site. The
2director may issue temporary permits for dumping or disposal
3of solid waste at disposal sites for which an application
4for a permit to operate a sanitary disposal project has been
5made and which have not met all of the requirements of this
6 part 1 of this subchapter IV and the rules adopted by the
7commission if a compliance schedule has been submitted by the
8applicant specifying how and when the applicant will meet the
9requirements for an operational sanitary disposal project and
10the director determines the public interest will be best served
11by granting such temporary permit.
123. Any person who violates any provision of this part 1
13of this subchapter IV or any rule or any order adopted or the
14conditions of any permit or order issued pursuant to this part
151 of this subchapter IV shall be subject to a civil penalty,
16not to exceed five thousand dollars for each day of such
17violation.
18 Sec. 14. Section 455B.307A, subsection 4, Code 2021, as
19amended by 2021 Iowa Acts, House File 699, section 102, if
20enacted, is amended to read as follows:
214. This section shall not apply to the discarding of litter
22regulated under part 3 of this subchapter IV, part 3, and local
23littering ordinances.
24 Sec. 15. Section 455B.396, subsection 1, Code 2021, as
25amended by 2021 Iowa Acts, House File 699, section 103, if
26enacted, is amended to read as follows:
271. Liability to the state under this part 4 or part 5 of
28this subchapter IV is a debt to the state. Liability to a
29political subdivision under this part 4 of this subchapter IV
30is a debt to the political subdivision. The debt, together
31with interest on the debt at the maximum lawful rate of
32interest permitted pursuant to section 535.2, subsection 3,
33paragraph “a”, from the date costs and expenses are incurred
34by the state or a political subdivision is a lien on real
35property, except single and multifamily residential property,
-5-1on which the department incurs costs and expenses creating a
2liability and owned by the persons liable under this part 4 or
3part 5. To perfect the lien, a statement of claim describing
4the property subject to the lien must be filed within one
5hundred twenty days after the incurrence of costs and expenses
6by the state or a political subdivision. The statement shall
7be filed with, accepted by, and recorded by the county recorder
8in the county in which the property subject to the lien is
9located. The statement of claim may be amended to include
10subsequent liabilities. To be effective, the statement of
11claim shall be amended and filed within one hundred twenty days
12after the occurrence of the event resulting in the amendment.
13 Sec. 16. Section 484B.10, subsection 1, paragraph b, if
14enacted by 2021 Iowa Acts, House File 747, section 2, is
15amended to read as follows:
16b. A game bird hunting preserve operator may apply for a
17variance to extend the season date beyond March 31 for that
18preserve if the monthly precipitation is above average for
19the county in which the preserve is located for at least two
20months out of the months of January, February, and March of
21that season. The state climatologist established appointed
22 pursuant to section 159.5 shall provide official national
23weather service and community collaborative rain, hail and snow
24network data to the department to determine whether a variance
25to the established season shall be granted. The department
26shall not grant a variance to a game bird preserve that extends
27the season beyond April 15 of the year for which the variance
28is requested. A person hunting on a game bird hunting preserve
29on a date after March 31 pursuant to an extension granted under
30this paragraph shall only hunt for and take chukars, quail, or
31rooster pheasants.
32 Sec. 17. Section 633F.4, subsection 2, as enacted by 2021
33Iowa Acts, chapter 8, section 4, is amended to read as follows:
342. The custodial trustee’s acceptance may be evidenced by a
35writing stating in substance:
-6-1CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE
2I, _______ (name of custodial trustee) acknowledge receipt
3of the custodial trust property described below or in the
4attached instrument and accept the custodial trust as custodial
5trustee for __________________ (name of beneficiary) under the
6Iowa Uniform Custodial Trust Act. I undertake to administer
7and distribute the custodial trust property pursuant to the
8Iowa Uniform Custodial Trust Act. My obligations as custodial
9trustee are subject to the directions of the beneficiary
10unless the beneficiary is designated as, is, or becomes
11incapacitated. The custodial trust property consists of
12_____________________________.
13Dated: _____________________________
14(Signature of Custodial Trustee)
15Signed: _____________________________
16(signature of custodial trustee)
17 Sec. 18. Section 633F.18, subsection 1, paragraph a, as
18enacted by 2021 Iowa Acts, chapter 8, section 18, is amended
19to read as follows:
20a. The execution and either delivery to the custodial
21trustee or recording of an instrument in substantially the
22following form:
23TRANSFER UNDER THE IOWA UNIFORM CUSTODIAL TRUST ACT
24I, __________ (name of transferor or name and representative
25capacity if a fiduciary), transfer to __________ (name of
26trustee other than transferor), as custodial trustee for
27__________ (name of beneficiary) as beneficiary and __________
28 (name of distributee)as distributee on termination of the
29trust in absence of direction by the beneficiary under the Iowa
30Uniform Custodial Trust Act, the following:
31__________ (Insert a description of the custodial trust
32property legally sufficient to identify and transfer each item
33of property).
34If __________ (name of trustee other than transferor)
35declines to serve or ceases to serve as custodial trustee for
-7-1any reason, then I designate __________ (name of substitute
2or successor custodial trustee) as substitute or successor
3custodial trustee.
4Dated: _______________
5Signature: _____________________
6 Sec. 19. Section 724.15, subsection 3, Code 2021, as amended
7by 2021 Iowa Acts, chapter 35, section 2, is amended to read as
8follows:
93. An issuing officer who finds that a person issued a
10permit to acquire pistols or revolvers under this chapter
11has been arrested for a disqualifying offense or who is
12the subject of proceedings that could lead to the person’s
13ineligibility for such permit, may immediately suspend such
14permit. An issuing officer proceeding under this subsection
15shall immediately notify the permit holder of the suspension
16by personal service or certified mail on a form prescribed
17and published by the commissioner of public safety and the
18suspension shall become effective upon the permit holder’s
19receipt of such notice. If the suspension is based on an
20arrest or a proceeding that does not result in a disqualifying
21conviction or finding against the permit holder, the issuing
22officer shall immediately reinstate the permit upon receipt
23of proof of the matter’s final disposition. If the arrest
24leads to a disqualifying conviction or the proceedings to a
25disqualifying finding, the issuing officer shall revoke the
26permit. The issuing officer may also revoke the permit of a
27person whom the issuing officer later finds was not qualified
28for such a permit at the time of issuance or whom the officer
29finds provided materially false information on the permit
30application. A person aggrieved by a suspension or revocation
31under this subsection may seek review of the decision pursuant
32to section 724.21A.
33 Sec. 20. Section 915.52, subsection 4A, if enacted by 2021
34Iowa Acts, House File 426, section 5, is amended to read as
35follows:
-8-1 NEW SUBSECTION. 4A. An office, agency, or department
2may satisfy a notification obligation to registered victims
3required by this subchapter through participation in the kit
4tracking system established pursuant to section 915.53 to the
5extent information is available for dissemination through the
6kit tracking system. This section subsection shall not relieve
7a notification obligation under this subchapter due to the
8unavailability of information for dissemination through the kit
9tracking system.
10 Sec. 21. Section 915.53, subsection 7, if enacted by 2021
11Iowa Acts, House File 426, section 6, is amended to read as
12follows:
137. An office, agency, or department may satisfy a
14notification obligation to a victim as required by section
15915.52 through participation in the kit tracking system to the
16extent information is available for dissemination through the
17kit tracking system. This section subsection shall not relieve
18a notification obligation under this subchapter due to the
19unavailability of information for dissemination through the kit
20tracking system.
21 Sec. 22. 2021 Iowa Acts, chapter 12, section 74, subsection
223, is amended to read as follows:
233. The section sections of this Act amending section 45.1.
24 Sec. 23. 2021 Iowa Acts, House File 848, section 4, if
25enacted, is amended to read as follows:
26SEC. 4. EMERGENCY RULES. The office of the chief
27information officer may adopt emergency rules under section
2817A.4, subsection 3, and section 17A.5, subsection 2, paragraph
29“b”, to implement the provisions of this Act and the rules
30shall be effective immediately upon filing unless a later
31date is specified in the rules, unless the effective date of
32the rules is delayed or the applicability of the rules is
33suspended by the administrative rules review committee. Any
34rules adopted in accordance with this section shall not take
35effect before the rules are reviewed by the administrative
-9-1rules review committee. The delay authority provided to the
2administrative rules review committee under section 17A.4,
3subsection 7, and section 17A.8, subsection subsections 9 and
410, shall be applicable to a delay imposed under this section,
5notwithstanding a provision in those sections subsections
6 making them inapplicable to section 17A.5, subsection 2,
7paragraph “b”. Any rules adopted in accordance with the
8provisions of this section shall also be published as a notice
9of intended action as provided in section 17A.4.
10 Sec. 24. EFFECTIVE DATE. The following, being deemed of
11immediate importance, take effect upon enactment:
121. The section of this division of this Act amending section
1349.73, subsection 2, paragraph “b”.
142. The section of this division of this Act amending
15section 257.16C, subsection 3, paragraph “d”, subparagraph (4),
16subparagraph division (a).
173. The section of this division of this Act amending section
18425.16, subsection 1.
194. The section of this division of this Act amending section
20425.18.
215. The section of this division of this Act amending section
22425.40, subsection 1.
236. The section of this division of this Act amending 2021
24Iowa Acts, chapter 12, section 74, subsection 3.
257. The section of this division of this Act amending 2021
26Iowa Acts, House File 848, section 4.
27 Sec. 25. RETROACTIVE APPLICABILITY. The following apply
28retroactively to March 8, 2021:
291. The section of this division of this Act amending section
3049.73, subsection 2, paragraph “b”.
312. The section of this division of this Act amending 2021
32Iowa Acts, chapter 12, section 74, subsection 3.
33 Sec. 26. RETROACTIVE APPLICABILITY. The following applies
34retroactively to February 23, 2021:
35The section of this division of this Act amending section
-10-1257.16C, subsection 3, paragraph “d”, subparagraph (4),
2subparagraph division (a).
3 Sec. 27. RETROACTIVE APPLICABILITY. The following apply
4retroactively to April 12, 2021:
51. The section of this division of this Act amending section
6425.16, subsection 1.
72. The section of this division of this Act amending section
8425.18.
93. The section of this division of this Act amending section
10425.40, subsection 1.
11 Sec. 28. RETROACTIVE APPLICABILITY. The following applies
12retroactively to the effective date of 2021 Iowa Acts, House
13File 848:
14The section of this division of this Act amending 2021 Iowa
15Acts, House File 848, section 4.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to state and local finances by
20making appropriations, providing for legal and regulatory
21responsibilities, and providing for other properly related
22matters.
23STANDING APPROPRIATIONS AND RELATED MATTERS. The bill
24limits standing appropriations for payment of claims for
25nonpublic school pupil transportation, instructional support
26state aid, and state aid for area education agencies.
27CORRECTIVE PROVISIONS. The bill makes technical corrections
28to legislation enacted or considered during the 2021
29legislative session. Certain provisions in this division take
30effect upon enactment and apply retroactively to the enactment
31date of the amended legislation.
-11-ns/tm
2appropriations, providing for legal and regulatory
3responsibilities, providing for other properly related
4matters, and including effective date and retroactive
5applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2STANDING APPROPRIATIONS AND RELATED MATTERS
3 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS — FY
42021-2022. Notwithstanding the standing appropriation in the
5following designated section for the fiscal year beginning July
61, 2021, and ending June 30, 2022, the amount appropriated from
7the general fund of the state pursuant to that section for the
8following designated purpose shall not exceed the following
9amount:
10For payment of claims for nonpublic school pupil
11transportation under section 285.2:
.................................................. $128,197,091
13If total approved claims for reimbursement for nonpublic
14school pupil transportation exceed the amount appropriated in
15accordance with this section, the department of education shall
16prorate the amount of each approved claim.
17 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID — FY 2021-2022. In
18lieu of the appropriation provided in section 257.20,
19subsection 2, the appropriation for the fiscal year
20beginning July 1, 2021, and ending June 30, 2022, for paying
21instructional support state aid under section 257.20 for the
22fiscal year is zero.
23 Sec. 3. Section 257.35, Code 2021, is amended by adding the
24following new subsection:
25 NEW SUBSECTION. 15A. Notwithstanding subsection 1, and in
26addition to the reduction applicable pursuant to subsection
272, the state aid for area education agencies and the portion
28of the combined district cost calculated for these agencies
29for the fiscal year beginning July 1, 2021, and ending June
3030, 2022, shall be reduced by the department of management by
31fifteen million dollars. The reduction for each area education
32agency shall be prorated based on the reduction that the agency
33received in the fiscal year beginning July 1, 2003.
34DIVISION II
35CORRECTIVE PROVISIONS
-1-1 Sec. 4. Section 49.73, subsection 2, paragraph b, as enacted
2by 2021 Iowa Acts, chapter 12, section 36, is amended to read
3as follows:
4b. The legislative services agency shall place on the
5internet site of the agency general assembly information
6regarding the opening and closing times of polling places until
7and including November 7, 2024. This paragraph is repealed
8effective July 1, 2025.
9 Sec. 5. Section 232D.503, subsection 6, unnumbered
10paragraph 1, as enacted by 2021 Iowa Acts, chapter 8, section
1122, is amended to read as follows:
12If the court orders termination of a guardianship established
13under this chapter and the guardian has custody of any assets
14of a protected person who is a minor or was a minor at the time
15of the minor’s death, the court shall order delivery of the
16minors minor’s assets to the minor or to a fiduciary acting
17under one or more of the following:
18 Sec. 6. Section 257.16C, subsection 3, paragraph d,
19subparagraph (4), subparagraph division (a), as enacted by 2021
20Iowa Acts, chapter 2, section 5, is amended to read as follows:
21(a) The amount appropriated to the transportation equity
22fund under this paragraph subparagraph for the immediately
23preceding fiscal year.
24 Sec. 7. Section 321.89, subsection 3A, as enacted by
252021 Iowa Acts, chapter 22, section 2, is amended to read as
26follows:
273A. Reclamation of abandoned vehicles. Prior to driving an
28abandoned vehicle away from the premises, a person who received
29or who is reclaiming the vehicle of on behalf of a person who
30received notice under subsection 3 shall present to the police
31authority or private entity, as applicable, the person’s valid
32driver’s license and proof of financial liability coverage as
33provided in section 321.20B.
34 Sec. 8. Section 422.11T, if enacted by 2021 Iowa Acts, House
35File 588, section 2, is amended to read as follows:
-2- 1422.11T Hoover presidential library tax credit.
2The tax imposed under this subchapter, less the credits
3allowed under section 422.12, shall be reduced by a Hoover
4presidential library tax credit authorized pursuant to section
515E.364.
6 Sec. 9. Section 425.16, subsection 1, Code 2021, as amended
7by 2021 Iowa Acts, chapter 41, section 15, is amended to read
8as follows:
91. In addition to the homestead tax credit allowed under
10section 425.1, subsections 1 through 4, persons who own or
11rent their homesteads and who meet the qualifications provided
12in this subchapter are eligible for a property tax credit or
13 for property taxes due or reimbursement of rent constituting
14property taxes paid.
15 Sec. 10. Section 425.18, Code 2021, as amended by 2021 Iowa
16Acts, chapter 41, section 17, is amended to read as follows:
17425.18 Right to file a claim.
18The right to file a claim for reimbursement or credit
19under this subchapter may be exercised by the claimant or
20on behalf of a claimant by the claimant’s legal guardian,
21spouse, or attorney, or by the executor or administrator of the
22claimant’s estate. If a claimant dies after having filed a
23claim for reimbursement for rent constituting property taxes
24paid, the amount of the reimbursement may be paid to another
25member of the household as determined by the department of of
26 human services. If the claimant was the only member of the
27household, the reimbursement may be paid to the claimant’s
28executor or administrator, but if neither is appointed and
29qualified within one year from the date of the filing of
30the claim, the reimbursement shall escheat to the state. If
31a claimant dies after having filed a claim for credit for
32property taxes due, the amount of credit shall be paid as if
33the claimant had not died.
34 Sec. 11. Section 425.40, subsection 1, Code 2021, as amended
35by 2021 Iowa Acts, chapter 41, section 34, is amended to read
-3-1as follows:
21. A low-income tax credit and reimbursement fund is
3created. Within the low-income tax credit and reimbursement
4fund, a rent reimbursement account is created under the control
5of the department of human services and a tax credit account
6is created under the control of the department of revenue.
7Amounts appropriated to the fund shall first be credited to the
8rent reimbursement account.
9 Sec. 12. Section 455B.175, subsection 1, unnumbered
10paragraph 1, Code 2021, as amended by 2021 Iowa Acts, House
11File 699, section 91, if enacted, is amended to read as
12follows:
13If there is substantial evidence that any person has violated
14or is violating any provision of, or any rule or standard
15established or permit issued pursuant to, this part 1 of
16subsection subchapter III, chapter 459, subchapter III, chapter
17459A, or chapter 459B, then one of the following may apply:
18 Sec. 13. Section 455B.307, subsections 1 and 3, Code 2021,
19as amended by 2021 Iowa Acts, House File 699, section 101, if
20enacted, are amended to read as follows:
211. A private agency or public agency shall not dump or
22deposit or permit the dumping or depositing of any solid waste
23at any place other than a sanitary disposal project approved
24by the director unless the agency has been granted a permit
25by the department which allows the dumping or depositing
26of solid waste on land owned or leased by the agency. The
27department shall adopt rules regarding the permitting of this
28activity which shall provide that the public interest is best
29served, but which may be based upon criteria less stringent
30than those regulating a public sanitary disposal project
31provided that the rules adopted meet the groundwater protection
32goal specified in section 455E.4. The comprehensive plans
33for these facilities may be varied in consideration of the
34types of sanitary disposal practices, hydrologic and geologic
35conditions, construction and operations characteristics, and
-4-1volumes and types of waste handled at the disposal site. The
2director may issue temporary permits for dumping or disposal
3of solid waste at disposal sites for which an application
4for a permit to operate a sanitary disposal project has been
5made and which have not met all of the requirements of this
6 part 1 of this subchapter IV and the rules adopted by the
7commission if a compliance schedule has been submitted by the
8applicant specifying how and when the applicant will meet the
9requirements for an operational sanitary disposal project and
10the director determines the public interest will be best served
11by granting such temporary permit.
123. Any person who violates any provision of this part 1
13of this subchapter IV or any rule or any order adopted or the
14conditions of any permit or order issued pursuant to this part
151 of this subchapter IV shall be subject to a civil penalty,
16not to exceed five thousand dollars for each day of such
17violation.
18 Sec. 14. Section 455B.307A, subsection 4, Code 2021, as
19amended by 2021 Iowa Acts, House File 699, section 102, if
20enacted, is amended to read as follows:
214. This section shall not apply to the discarding of litter
22regulated under part 3 of this subchapter IV, part 3, and local
23littering ordinances.
24 Sec. 15. Section 455B.396, subsection 1, Code 2021, as
25amended by 2021 Iowa Acts, House File 699, section 103, if
26enacted, is amended to read as follows:
271. Liability to the state under this part 4 or part 5 of
28this subchapter IV is a debt to the state. Liability to a
29political subdivision under this part 4 of this subchapter IV
30is a debt to the political subdivision. The debt, together
31with interest on the debt at the maximum lawful rate of
32interest permitted pursuant to section 535.2, subsection 3,
33paragraph “a”, from the date costs and expenses are incurred
34by the state or a political subdivision is a lien on real
35property, except single and multifamily residential property,
-5-1on which the department incurs costs and expenses creating a
2liability and owned by the persons liable under this part 4 or
3part 5. To perfect the lien, a statement of claim describing
4the property subject to the lien must be filed within one
5hundred twenty days after the incurrence of costs and expenses
6by the state or a political subdivision. The statement shall
7be filed with, accepted by, and recorded by the county recorder
8in the county in which the property subject to the lien is
9located. The statement of claim may be amended to include
10subsequent liabilities. To be effective, the statement of
11claim shall be amended and filed within one hundred twenty days
12after the occurrence of the event resulting in the amendment.
13 Sec. 16. Section 484B.10, subsection 1, paragraph b, if
14enacted by 2021 Iowa Acts, House File 747, section 2, is
15amended to read as follows:
16b. A game bird hunting preserve operator may apply for a
17variance to extend the season date beyond March 31 for that
18preserve if the monthly precipitation is above average for
19the county in which the preserve is located for at least two
20months out of the months of January, February, and March of
21that season. The state climatologist established appointed
22 pursuant to section 159.5 shall provide official national
23weather service and community collaborative rain, hail and snow
24network data to the department to determine whether a variance
25to the established season shall be granted. The department
26shall not grant a variance to a game bird preserve that extends
27the season beyond April 15 of the year for which the variance
28is requested. A person hunting on a game bird hunting preserve
29on a date after March 31 pursuant to an extension granted under
30this paragraph shall only hunt for and take chukars, quail, or
31rooster pheasants.
32 Sec. 17. Section 633F.4, subsection 2, as enacted by 2021
33Iowa Acts, chapter 8, section 4, is amended to read as follows:
342. The custodial trustee’s acceptance may be evidenced by a
35writing stating in substance:
-6-1CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE
2I, _______ (name of custodial trustee) acknowledge receipt
3of the custodial trust property described below or in the
4attached instrument and accept the custodial trust as custodial
5trustee for __________________ (name of beneficiary) under the
6Iowa Uniform Custodial Trust Act. I undertake to administer
7and distribute the custodial trust property pursuant to the
8Iowa Uniform Custodial Trust Act. My obligations as custodial
9trustee are subject to the directions of the beneficiary
10unless the beneficiary is designated as, is, or becomes
11incapacitated. The custodial trust property consists of
12_____________________________.
13Dated: _____________________________
14(Signature of Custodial Trustee)
15Signed: _____________________________
16(signature of custodial trustee)
17 Sec. 18. Section 633F.18, subsection 1, paragraph a, as
18enacted by 2021 Iowa Acts, chapter 8, section 18, is amended
19to read as follows:
20a. The execution and either delivery to the custodial
21trustee or recording of an instrument in substantially the
22following form:
23TRANSFER UNDER THE IOWA UNIFORM CUSTODIAL TRUST ACT
24I, __________ (name of transferor or name and representative
25capacity if a fiduciary), transfer to __________ (name of
26trustee other than transferor), as custodial trustee for
27__________ (name of beneficiary) as beneficiary and __________
28 (name of distributee)as distributee on termination of the
29trust in absence of direction by the beneficiary under the Iowa
30Uniform Custodial Trust Act, the following:
31__________ (Insert a description of the custodial trust
32property legally sufficient to identify and transfer each item
33of property).
34If __________ (name of trustee other than transferor)
35declines to serve or ceases to serve as custodial trustee for
-7-1any reason, then I designate __________ (name of substitute
2or successor custodial trustee) as substitute or successor
3custodial trustee.
4Dated: _______________
5Signature: _____________________
6 Sec. 19. Section 724.15, subsection 3, Code 2021, as amended
7by 2021 Iowa Acts, chapter 35, section 2, is amended to read as
8follows:
93. An issuing officer who finds that a person issued a
10permit to acquire pistols or revolvers under this chapter
11has been arrested for a disqualifying offense or who is
12the subject of proceedings that could lead to the person’s
13ineligibility for such permit, may immediately suspend such
14permit. An issuing officer proceeding under this subsection
15shall immediately notify the permit holder of the suspension
16by personal service or certified mail on a form prescribed
17and published by the commissioner of public safety and the
18suspension shall become effective upon the permit holder’s
19receipt of such notice. If the suspension is based on an
20arrest or a proceeding that does not result in a disqualifying
21conviction or finding against the permit holder, the issuing
22officer shall immediately reinstate the permit upon receipt
23of proof of the matter’s final disposition. If the arrest
24leads to a disqualifying conviction or the proceedings to a
25disqualifying finding, the issuing officer shall revoke the
26permit. The issuing officer may also revoke the permit of a
27person whom the issuing officer later finds was not qualified
28for such a permit at the time of issuance or whom the officer
29finds provided materially false information on the permit
30application. A person aggrieved by a suspension or revocation
31under this subsection may seek review of the decision pursuant
32to section 724.21A.
33 Sec. 20. Section 915.52, subsection 4A, if enacted by 2021
34Iowa Acts, House File 426, section 5, is amended to read as
35follows:
-8-1 NEW SUBSECTION. 4A. An office, agency, or department
2may satisfy a notification obligation to registered victims
3required by this subchapter through participation in the kit
4tracking system established pursuant to section 915.53 to the
5extent information is available for dissemination through the
6kit tracking system. This section subsection shall not relieve
7a notification obligation under this subchapter due to the
8unavailability of information for dissemination through the kit
9tracking system.
10 Sec. 21. Section 915.53, subsection 7, if enacted by 2021
11Iowa Acts, House File 426, section 6, is amended to read as
12follows:
137. An office, agency, or department may satisfy a
14notification obligation to a victim as required by section
15915.52 through participation in the kit tracking system to the
16extent information is available for dissemination through the
17kit tracking system. This section subsection shall not relieve
18a notification obligation under this subchapter due to the
19unavailability of information for dissemination through the kit
20tracking system.
21 Sec. 22. 2021 Iowa Acts, chapter 12, section 74, subsection
223, is amended to read as follows:
233. The section sections of this Act amending section 45.1.
24 Sec. 23. 2021 Iowa Acts, House File 848, section 4, if
25enacted, is amended to read as follows:
26SEC. 4. EMERGENCY RULES. The office of the chief
27information officer may adopt emergency rules under section
2817A.4, subsection 3, and section 17A.5, subsection 2, paragraph
29“b”, to implement the provisions of this Act and the rules
30shall be effective immediately upon filing unless a later
31date is specified in the rules, unless the effective date of
32the rules is delayed or the applicability of the rules is
33suspended by the administrative rules review committee. Any
34rules adopted in accordance with this section shall not take
35effect before the rules are reviewed by the administrative
-9-1rules review committee. The delay authority provided to the
2administrative rules review committee under section 17A.4,
3subsection 7, and section 17A.8, subsection subsections 9 and
410, shall be applicable to a delay imposed under this section,
5notwithstanding a provision in those sections subsections
6 making them inapplicable to section 17A.5, subsection 2,
7paragraph “b”. Any rules adopted in accordance with the
8provisions of this section shall also be published as a notice
9of intended action as provided in section 17A.4.
10 Sec. 24. EFFECTIVE DATE. The following, being deemed of
11immediate importance, take effect upon enactment:
121. The section of this division of this Act amending section
1349.73, subsection 2, paragraph “b”.
142. The section of this division of this Act amending
15section 257.16C, subsection 3, paragraph “d”, subparagraph (4),
16subparagraph division (a).
173. The section of this division of this Act amending section
18425.16, subsection 1.
194. The section of this division of this Act amending section
20425.18.
215. The section of this division of this Act amending section
22425.40, subsection 1.
236. The section of this division of this Act amending 2021
24Iowa Acts, chapter 12, section 74, subsection 3.
257. The section of this division of this Act amending 2021
26Iowa Acts, House File 848, section 4.
27 Sec. 25. RETROACTIVE APPLICABILITY. The following apply
28retroactively to March 8, 2021:
291. The section of this division of this Act amending section
3049.73, subsection 2, paragraph “b”.
312. The section of this division of this Act amending 2021
32Iowa Acts, chapter 12, section 74, subsection 3.
33 Sec. 26. RETROACTIVE APPLICABILITY. The following applies
34retroactively to February 23, 2021:
35The section of this division of this Act amending section
-10-1257.16C, subsection 3, paragraph “d”, subparagraph (4),
2subparagraph division (a).
3 Sec. 27. RETROACTIVE APPLICABILITY. The following apply
4retroactively to April 12, 2021:
51. The section of this division of this Act amending section
6425.16, subsection 1.
72. The section of this division of this Act amending section
8425.18.
93. The section of this division of this Act amending section
10425.40, subsection 1.
11 Sec. 28. RETROACTIVE APPLICABILITY. The following applies
12retroactively to the effective date of 2021 Iowa Acts, House
13File 848:
14The section of this division of this Act amending 2021 Iowa
15Acts, House File 848, section 4.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to state and local finances by
20making appropriations, providing for legal and regulatory
21responsibilities, and providing for other properly related
22matters.
23STANDING APPROPRIATIONS AND RELATED MATTERS. The bill
24limits standing appropriations for payment of claims for
25nonpublic school pupil transportation, instructional support
26state aid, and state aid for area education agencies.
27CORRECTIVE PROVISIONS. The bill makes technical corrections
28to legislation enacted or considered during the 2021
29legislative session. Certain provisions in this division take
30effect upon enactment and apply retroactively to the enactment
31date of the amended legislation.
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