House File 894 - 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.  INSTRUCTIONAL SUPPORT STATE AID — FY
42021-2022.
  In lieu of the appropriation provided in section
5257.20, subsection 2, the appropriation for the fiscal year
6beginning July 1, 2021, and ending June 30, 2022, for paying
7instructional support state aid under section 257.20 for the
8fiscal year is zero.
9   Sec. 2.  Section 257.35, Code 2021, is amended by adding the
10following new subsection:
11   NEW SUBSECTION.  15A.  Notwithstanding subsection 1, and in
12addition to the reduction applicable pursuant to subsection
132, the state aid for area education agencies and the portion
14of the combined district cost calculated for these agencies
15for the fiscal year beginning July 1, 2021, and ending June
1630, 2022, shall be reduced by the department of management by
17twelve million five hundred thousand dollars. The reduction
18for each area education agency shall be prorated based on the
19reduction that the agency received in the fiscal year beginning
20July 1, 2003.
21DIVISION II
22CORRECTIVE PROVISIONS
23   Sec. 3.  Section 49.73, subsection 2, paragraph b, as enacted
24by 2021 Iowa Acts, chapter 12, section 36, is amended to read
25as follows:
   26b.  The legislative services agency shall place on the
27internet site of the agency general assembly information
28regarding the opening and closing times of polling places until
29and including November 7, 2024. This paragraph is repealed
30effective July 1, 2025.
31   Sec. 4.  Section 232D.503, subsection 6, unnumbered
32paragraph 1, as enacted by 2021 Iowa Acts, chapter 8, section
3322, is amended to read as follows:
   34If the court orders termination of a guardianship
35established under this chapter and the guardian has custody
-1-1of any assets of a protected person who is a minor or was a
2minor at the time of the minor’s death, the court shall order
3delivery of the minors minor’s assets to the minor or to a
4fiduciary acting under one or more of the following:
5   Sec. 5.  Section 257.16C, subsection 3, paragraph d,
6subparagraph (4), subparagraph division (a), as enacted by 2021
7Iowa Acts, chapter 2, section 5, is amended to read as follows:
   8(a)  The amount appropriated to the transportation equity
9fund under this paragraph subparagraph for the immediately
10preceding fiscal year.
11   Sec. 6.  Section 321.89, subsection 3A, as enacted by
122021 Iowa Acts, chapter 22, section 2, is amended to read as
13follows:
   143A.  Reclamation of abandoned vehicles.  Prior to driving an
15abandoned vehicle away from the premises, a person who received
16or who is reclaiming the vehicle of on behalf of a person who
17received notice under subsection 3 shall present to the police
18authority or private entity, as applicable, the person’s valid
19driver’s license and proof of financial liability coverage as
20provided in section 321.20B.
21   Sec. 7.  Section 422.11T, if enacted by 2021 Iowa Acts, House
22File 588, section 2, is amended to read as follows:
   23422.11T  Hoover presidential library tax credit.
   24The tax imposed under this subchapter, less the credits
25allowed under section 422.12, shall be reduced by a Hoover
26presidential library tax credit authorized pursuant to section
2715E.364.
28   Sec. 8.  Section 425.16, subsection 1, Code 2021, as amended
29by 2021 Iowa Acts, chapter 41, section 15, is amended to read
30as follows:
   311.  In addition to the homestead tax credit allowed under
32section 425.1, subsections 1 through 4, persons who own or
33rent their homesteads and who meet the qualifications provided
34in this subchapter are eligible for a property tax credit or
35
 for property taxes due or reimbursement of rent constituting
-2-1property taxes paid.
2   Sec. 9.  Section 425.18, Code 2021, as amended by 2021 Iowa
3Acts, chapter 41, section 17, is amended to read as follows:
   4425.18  Right to file a claim.
   5The right to file a claim for reimbursement or credit
6under this subchapter may be exercised by the claimant or
7on behalf of a claimant by the claimant’s legal guardian,
8spouse, or attorney, or by the executor or administrator of the
9claimant’s estate. If a claimant dies after having filed a
10claim for reimbursement for rent constituting property taxes
11paid, the amount of the reimbursement may be paid to another
12member of the household as determined by the department of of
13 human services. If the claimant was the only member of the
14household, the reimbursement may be paid to the claimant’s
15executor or administrator, but if neither is appointed and
16qualified within one year from the date of the filing of
17the claim, the reimbursement shall escheat to the state. If
18a claimant dies after having filed a claim for credit for
19property taxes due, the amount of credit shall be paid as if
20the claimant had not died.
21   Sec. 10.  Section 425.40, subsection 1, Code 2021, as amended
22by 2021 Iowa Acts, chapter 41, section 34, is amended to read
23as follows:
   241.  A low-income tax credit and reimbursement fund is
25created. Within the low-income tax credit and reimbursement
26fund, a rent reimbursement account is created under the control
27of the department of human services and a tax credit account
28is created under the control of the department of revenue.
29Amounts appropriated to the fund shall first be credited to the
 30rent reimbursement account.
31   Sec. 11.  Section 455B.175, subsection 1, unnumbered
32paragraph 1, Code 2021, as amended by 2021 Iowa Acts, House
33File 699, section 91, is amended to read as follows:
   34If there is substantial evidence that any person has
35violated or is violating any provision of, or any rule or
-3-1standard established or permit issued pursuant to, this part
21 of subsection subchapter III, chapter 459, subchapter III,
3chapter 459A, or chapter 459B, then one of the following may
4apply:
5   Sec. 12.  Section 455B.307, subsections 1 and 3, Code 2021,
6as amended by 2021 Iowa Acts, House File 699, section 101, are
7amended to read as follows:
   81.  A private agency or public agency shall not dump or
9deposit or permit the dumping or depositing of any solid waste
10at any place other than a sanitary disposal project approved
11by the director unless the agency has been granted a permit
12by the department which allows the dumping or depositing
13of solid waste on land owned or leased by the agency. The
14department shall adopt rules regarding the permitting of this
15activity which shall provide that the public interest is best
16served, but which may be based upon criteria less stringent
17than those regulating a public sanitary disposal project
18provided that the rules adopted meet the groundwater protection
19goal specified in section 455E.4. The comprehensive plans
20for these facilities may be varied in consideration of the
21types of sanitary disposal practices, hydrologic and geologic
22conditions, construction and operations characteristics, and
23volumes and types of waste handled at the disposal site. The
24director may issue temporary permits for dumping or disposal
25of solid waste at disposal sites for which an application
26for a permit to operate a sanitary disposal project has been
27made and which have not met all of the requirements of this
28 part 1 of this subchapter IV and the rules adopted by the
29commission if a compliance schedule has been submitted by the
30applicant specifying how and when the applicant will meet the
31requirements for an operational sanitary disposal project and
32the director determines the public interest will be best served
33by granting such temporary permit.
   343.  Any person who violates any provision of this part 1
35of this subchapter IV or any rule or any order adopted or the
-4-1conditions of any permit or order issued pursuant to this part
21 of this subchapter IV shall be subject to a civil penalty,
3not to exceed five thousand dollars for each day of such
4violation.
5   Sec. 13.  Section 455B.307A, subsection 4, Code 2021, as
6amended by 2021 Iowa Acts, House File 699, section 102, is
7amended to read as follows:
   84.  This section shall not apply to the discarding of litter
9regulated under part 3 of this subchapter IV, part 3, and local
10littering ordinances.
11   Sec. 14.  Section 455B.396, subsection 1, Code 2021, as
12amended by 2021 Iowa Acts, House File 699, section 103, is
13amended to read as follows:
   141.  Liability to the state under this part 4 or part 5 of
15this subchapter IV is a debt to the state. Liability to a
16political subdivision under this part 4 of this subchapter IV
17is a debt to the political subdivision. The debt, together
18with interest on the debt at the maximum lawful rate of
19interest permitted pursuant to section 535.2, subsection 3,
20paragraph “a”, from the date costs and expenses are incurred
21by the state or a political subdivision is a lien on real
22property, except single and multifamily residential property,
23on which the department incurs costs and expenses creating a
24liability and owned by the persons liable under this part 4 or
25part 5. To perfect the lien, a statement of claim describing
26the property subject to the lien must be filed within one
27hundred twenty days after the incurrence of costs and expenses
28by the state or a political subdivision. The statement shall
29be filed with, accepted by, and recorded by the county recorder
30in the county in which the property subject to the lien is
31located. The statement of claim may be amended to include
32subsequent liabilities. To be effective, the statement of
33claim shall be amended and filed within one hundred twenty days
34after the occurrence of the event resulting in the amendment.
35   Sec. 15.  Section 484B.10, subsection 1, paragraph b, as
-5-1enacted by 2021 Iowa Acts, House File 747, section 2, is
2amended to read as follows:
   3b.  A game bird hunting preserve operator may apply for a
4variance to extend the season date beyond March 31 for that
5preserve if the monthly precipitation is above average for
6the county in which the preserve is located for at least two
7months out of the months of January, February, and March of
8that season. The state climatologist established appointed
9 pursuant to section 159.5 shall provide official national
10weather service and community collaborative rain, hail and snow
11network data to the department to determine whether a variance
12to the established season shall be granted. The department
13shall not grant a variance to a game bird preserve that extends
14the season beyond April 15 of the year for which the variance
15is requested. A person hunting on a game bird hunting preserve
16on a date after March 31 pursuant to an extension granted under
17this paragraph shall only hunt for and take chukars, quail, or
18rooster pheasants.
19   Sec. 16.  Section 633F.4, subsection 2, as enacted by 2021
20Iowa Acts, chapter 8, section 4, is amended to read as follows:
   212.  The custodial trustee’s acceptance may be evidenced by a
22writing stating in substance:
23CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE
24I, _______ (name of custodial trustee) acknowledge receipt
25of the custodial trust property described below or in the
26attached instrument and accept the custodial trust as custodial
27trustee for __________________ (name of beneficiary) under the
28Iowa Uniform Custodial Trust Act. I undertake to administer
29and distribute the custodial trust property pursuant to the
30Iowa Uniform Custodial Trust Act. My obligations as custodial
31trustee are subject to the directions of the beneficiary
32unless the beneficiary is designated as, is, or becomes
33incapacitated. The custodial trust property consists of
34_____________________________.
35Dated: _____________________________
-6-
1(Signature of Custodial Trustee)
2Signed: _____________________________
3(signature of custodial trustee)
4   Sec. 17.  Section 633F.18, subsection 1, paragraph a, as
5enacted by 2021 Iowa Acts, chapter 8, section 18, is amended
6to read as follows:
   7a.  The execution and either delivery to the custodial
8trustee or recording of an instrument in substantially the
9following form:
10TRANSFER UNDER THE IOWA UNIFORM CUSTODIAL TRUST ACT
11I, __________ (name of transferor or name and representative
12capacity if a fiduciary), transfer to __________ (name of
13trustee other than transferor), as custodial trustee for
14__________ (name of beneficiary) as beneficiary and __________
15 (name of distributee)as distributee on termination of the
16trust in absence of direction by the beneficiary under the Iowa
17Uniform Custodial Trust Act, the following:
18__________ (Insert a description of the custodial trust
19property legally sufficient to identify and transfer each item
20of property).
21If __________ (name of trustee other than transferor)
22declines to serve or ceases to serve as custodial trustee for
23any reason, then I designate __________ (name of substitute
24or successor custodial trustee) as substitute or successor
25custodial trustee.
26Dated: _______________
27Signature: _____________________
28   Sec. 18.  Section 724.15, subsection 3, Code 2021, as amended
29by 2021 Iowa Acts, chapter 35, section 2, is amended to read as
30follows:
   313.  An issuing officer who finds that a person issued a
32permit to acquire pistols or revolvers under this chapter
33has been arrested for a disqualifying offense or who is
34the subject of proceedings that could lead to the person’s
35ineligibility for such permit, may immediately suspend such
-7-1permit. An issuing officer proceeding under this subsection
2shall immediately notify the permit holder of the suspension
3by personal service or certified mail on a form prescribed
4and published by the commissioner of public safety and the
5suspension shall become effective upon the permit holder’s
6receipt of such notice. If the suspension is based on an
7arrest or a proceeding that does not result in a disqualifying
8conviction or finding against the permit holder, the issuing
9officer shall immediately reinstate the permit upon receipt
10of proof of the matter’s final disposition. If the arrest
11leads to a disqualifying conviction or the proceedings to a
12disqualifying finding, the issuing officer shall revoke the
13permit. The issuing officer may also revoke the permit of a
14person whom the issuing officer later finds was not qualified
15for such a permit at the time of issuance or whom the officer
16finds provided materially false information on the permit
17application. A person aggrieved by a suspension or revocation
18under this subsection may seek review of the decision pursuant
19to section 724.21A.
20   Sec. 19.  Section 915.52, subsection 4A, if enacted by 2021
21Iowa Acts, House File 426, section 5, is amended to read as
22follows:
23   NEW SUBSECTION.  4A.  An office, agency, or department
24may satisfy a notification obligation to registered victims
25required by this subchapter through participation in the kit
26tracking system established pursuant to section 915.53 to the
27extent information is available for dissemination through the
28kit tracking system. This section subsection shall not relieve
29a notification obligation under this subchapter due to the
30unavailability of information for dissemination through the kit
31tracking system.
32   Sec. 20.  Section 915.53, subsection 7, if enacted by 2021
33Iowa Acts, House File 426, section 6, is amended to read as
34follows:
   357.  An office, agency, or department may satisfy a
-8-1notification obligation to a victim as required by section
2915.52 through participation in the kit tracking system to the
3extent information is available for dissemination through the
4kit tracking system. This section subsection shall not relieve
5a notification obligation under this subchapter due to the
6unavailability of information for dissemination through the kit
7tracking system.
8   Sec. 21.  2021 Iowa Acts, chapter 12, section 74, subsection
93, is amended to read as follows:
   103.  The section sections of this Act amending section 45.1.
11   Sec. 22.  2021 Iowa Acts, House File 848, section 4, is
12amended to read as follows:
   13SEC. 4.  EMERGENCY RULES.  The office of the chief
14information officer may adopt emergency rules under section
1517A.4, subsection 3, and section 17A.5, subsection 2, paragraph
16“b”, to implement the provisions of this Act and the rules
17shall be effective immediately upon filing unless a later
18date is specified in the rules, unless the effective date of
19the rules is delayed or the applicability of the rules is
20suspended by the administrative rules review committee. Any
21rules adopted in accordance with this section shall not take
22effect before the rules are reviewed by the administrative
23rules review committee. The delay authority provided to the
24administrative rules review committee under section 17A.4,
25subsection 7, and section
17A.8, subsection subsectionsand
2610
, shall be applicable to a delay imposed under this section,
27notwithstanding a provision in those sections subsections
28 making them inapplicable to section 17A.5, subsection 2,
29paragraph “b”. Any rules adopted in accordance with the
30provisions of this section shall also be published as a notice
31of intended action as provided in section 17A.4.
32   Sec. 23.  EFFECTIVE DATE.  The following, being deemed of
33immediate importance, take effect upon enactment:
   341.  The section of this division of this Act amending section
3549.73, subsection 2, paragraph “b”.
-9-
   12.  The section of this division of this Act amending
2section 257.16C, subsection 3, paragraph “d”, subparagraph (4),
3subparagraph division (a).
   43.  The section of this division of this Act amending section
5425.16, subsection 1.
   64.  The section of this division of this Act amending section
7425.18.
   85.  The section of this division of this Act amending section
9425.40, subsection 1.
   106.  The section of this division of this Act amending 2021
11Iowa Acts, chapter 12, section 74, subsection 3.
   127.  The section of this division of this Act amending 2021
13Iowa Acts, House File 848, section 4.
14   Sec. 24.  RETROACTIVE APPLICABILITY.  The following apply
15retroactively to March 8, 2021:
   161.  The section of this division of this Act amending section
1749.73, subsection 2, paragraph “b”.
   182.  The section of this division of this Act amending 2021
19Iowa Acts, chapter 12, section 74, subsection 3.
20   Sec. 25.  RETROACTIVE APPLICABILITY.  The following applies
21retroactively to February 23, 2021:
   22The section of this division of this Act amending section
23257.16C, subsection 3, paragraph “d”, subparagraph (4),
24subparagraph division (a).
25   Sec. 26.  RETROACTIVE APPLICABILITY.  The following apply
26retroactively to April 12, 2021:
   271.  The section of this division of this Act amending section
28425.16, subsection 1.
   292.  The section of this division of this Act amending section
30425.18.
   313.  The section of this division of this Act amending section
32425.40, subsection 1.
33   Sec. 27.  RETROACTIVE APPLICABILITY.  The following applies
34retroactively April 28, 2021:
   35The section of this division of this Act amending 2021 Iowa
-10-1Acts, House File 848, section 4.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
   5This bill relates to state and local finances by
6making appropriations, providing for legal and regulatory
7responsibilities, and providing for other properly related
8matters.
   9STANDING APPROPRIATIONS AND RELATED MATTERS. The bill
10limits standing appropriations for instructional support state
11aid and state aid for area education agencies.
   12CORRECTIVE PROVISIONS. The bill makes technical corrections
13to legislation enacted or considered during the 2021
14legislative session. Certain provisions in this division take
15effect upon enactment and apply retroactively to the enactment
16date of the amended legislation.
-11-
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