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Senate File 2384 - 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
42022-2023. Notwithstanding the standing appropriation in the
5following designated section for the fiscal year beginning July
61, 2022, and ending June 30, 2023, 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:
.................................................. $128,997,091
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 2022-2023. In
18lieu of the appropriation provided in section 257.20,
19subsection 2, the appropriation for the fiscal year
20beginning July 1, 2022, and ending June 30, 2023, for paying
21instructional support state aid under section 257.20 for the
22fiscal year is zero.
23 Sec. 3. SPECIAL FUNDS — SALARY ADJUSTMENTS —
24UNAPPROPRIATED MONEYS — FY 2022-2023. For the fiscal year
25beginning July 1, 2022, and ending June 30, 2023, salary
26adjustments otherwise provided may be funded as determined
27by the department of management, subject to any applicable
28constitutional limitation, using unappropriated moneys
29remaining in the department of commerce revolving fund, the
30gaming enforcement revolving fund, the gaming regulatory
31revolving fund, the primary road fund, the road use tax
32fund, the fish and game protection fund, and the Iowa public
33employees’ retirement fund, and in other departmental
34revolving, trust, or special funds for which the general
35assembly has not made an operating budget appropriation.
-1-1 Sec. 4. Section 257.35, Code 2022, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 16A. Notwithstanding subsection 1, and in
4addition to the reduction applicable pursuant to subsection
52, the state aid for area education agencies and the portion
6of the combined district cost calculated for these agencies
7for the fiscal year beginning July 1, 2022, and ending June
830, 2023, shall be reduced by the department of management by
9seventeen million dollars. At least two million dollars of the
10reduction shall occur in the area of professional development.
11The reduction for each area education agency shall be prorated
12based on the reduction that the agency received in the fiscal
13year beginning July 1, 2003.
14DIVISION II
15CORRECTIVE PROVISIONS
16 Sec. 5. Section 45.1, subsection 7, paragraph a, Code 2022,
17as amended by 2022 Iowa Acts, House File 2466, section 3, is
18amended to read as follows:
19a. For a supervisor district with a population of greater
20than fifteen thousand but fewer no more than fifty thousand
21according to the most recent federal decennial census,
22nomination petitions shall include at least fifty signatures.
23 Sec. 6. Section 80E.2, subsection 2, Code 2022, as amended
24by 2022 Iowa Acts, House File 2367, section 2, is amended to
25read as follows:
262. The prosecuting attorney, certified alcohol and drug
27counselor, certified substance abuse prevention specialist,
28substance use disorder treatment program director, member
29representing the Iowa peace officers association, member
30representing the Iowa state police association, the
31member representing the Iowa state sheriffs’ and deputies’
32association, and the member representing the Iowa police chiefs
33association who is a police chief shall be appointed by the
34governor, subject to senate confirmation, for four-year terms
35beginning and ending as provided in section 69.19. A vacancy
-2-1on the council shall be filled for the unexpired term in the
2same manner as the original appointment was made.
3 Sec. 7. Section 124.204, subsection 2, paragraph cl, as
4enacted by 2022 Iowa Acts, House File 2201, section 1, is
5amended to read as follows:
6cl. N-(1-phenethylpiperidin-4-yl)
7-N-phenylcyclopentanecarboxamide. Other name: cyclopentanyl
8 cyclopentyl fentanyl.
9 Sec. 8. Section 147.77, subsection 1, paragraph l, if
10enacted by 2022 Iowa Acts, House File 803, section 51, is
11amended to read as follows:
12l. The department of public safety, with respect to rules
13relating to permits to carry weapons, that a person who is
14 an unlawful user of or addicted to any controlled substance
15includes any person who is a current user of a controlled
16substance in a manner other than as prescribed by a licensed
17physician.
18 Sec. 9. Section 147.77, subsection 1, paragraph p,
19subparagraph (3), if enacted by 2022 Iowa Acts, House File 803,
20section 51, is amended to read as follows:
21(3) For applications for a license to practice asbestos
22removal, that except as noted in rule, only worker and
23contractor/supervisor license applicants must submit a the
24 respiratory protection and physician’s certification forms.
25 Sec. 10. Section 249A.42A, subsection 2, if enacted by 2022
26Iowa Acts, House File 736, section 1, is amended to read as
27follows:
282. The provider documented the eligibility verification
29performed and any necessary prior authorization obtained
30pursuant to paragraph “a” subsection 1 in a manner and format
31established by the department by rule, and retained the
32required documentation in the recipient’s file.
33 Sec. 11. Section 261.116, subsection 7, Code 2022, as
34amended by 2022 Iowa Acts, Senate File 2383, section 16, if
35enacted, is amended to read as follows:
-3- 16. Health care award fund. A health care award fund is
2created for deposit of moneys appropriated to or received by
3the commission for use under the program. Notwithstanding
4section 8.33, moneys deposited in the health care award
5fund shall not revert to any fund of the state at the
6end of any fiscal year but shall remain in the award fund
7and be continuously available for use under the program.
8Notwithstanding section 12C.7, subsection 2, interest or
9earnings on moneys deposited in the health care award fund
10shall be credited to the fund.
11 Sec. 12. Section 441.1, subsection 3, paragraph d, as
12enacted by 2022 Iowa Acts, Senate File 384, section 1, is
13amended to read as follows:
14d. The provisions of chapter 28E are applicable to this
15section subsection.
16 Sec. 13. Section 600.5, subsection 9A, if enacted by 2022
17Iowa Acts, House File 2252, section 6, is amended to read as
18follows:
199A. If the parents of the person to be adopted had their
20parental rights terminated pursuant to chapter 232, the
21petition shall included include the names of any known siblings
22placed separately from the person to be adopted and either the
23plan for ongoing contact between the siblings if a court found
24that continued contact is in the best interest of each sibling
25or a statement that the court found continued contact between
26the siblings is not in the best interest of each sibling.
27 Sec. 14. 2022 Iowa Acts, House File 2200, section 3, is
28amended to read as follows:
29SEC. 3. APPLICABILITY. This Act applies to direct health
30care agreements that are fully executed on or after the
31effective date of enactment this Act.
32 Sec. 15. 2022 Iowa Acts, House File 2201, section 7, is
33amended by striking the section and inserting in lieu thereof
34the following:
35SEC. 7. Section 124.206, subsection 2, paragraph a,
-4-1unnumbered paragraph 1, Code 2022, is amended by striking
2the unnumbered paragraph and inserting in lieu thereof the
3following:
4Opium and opiate, and any salt, compound, derivative,
5or preparation of opium or opiate excluding apomorphine,
6thebaine-derived butorphanol, dextrorphan, nalbuphine,
7naldemedine, nalmefene, naloxegol, naloxone, 6beta-naltrexol,
8naltrexone, and samidorphan, and their respective salts, but
9including the following:
10 Sec. 16. 2022 Iowa Acts, Senate File 2295, section 184, is
11amended by striking the section and inserting in lieu thereof
12the following:
13SEC. 184. 2020 Iowa Acts, chapter 1064, sections 17 and
1418, are amended by striking the sections and inserting in lieu
15thereof the following:
16SEC. 17. Section 422.12D, subsection 2, Code 2022, is
17amended to read as follows:
182. The director of revenue shall draft the income tax form
19to allow the designation of contributions to the veterans trust
20fund and to the volunteer fire fighter preparedness fund as
21one checkoff on the tax return. The department of revenue,
22on or before January 31, shall transfer one-half of the total
23amount designated on the tax return forms due in the preceding
24calendar year to the veterans trust fund and the remaining
25one-half to the volunteer fire fighter preparedness fund.
26However, before a checkoff pursuant to this section shall be
27permitted, all liabilities on the books of the department of
28administrative services and accounts identified as owing under
29section 8A.504 421.65 shall be satisfied.
30SEC. 18. Section 422.12L, subsection 2, Code 2022, is
31amended to read as follows:
322. The director of revenue shall draft the income tax form
33to allow the designation of contributions to the foundation
34fund on the tax return. The department, on or before January
3531, shall transfer the total amount designated on the tax
-5-1form due in the preceding year to the foundation fund.
2However, before a checkoff pursuant to this section shall be
3permitted, all liabilities on the books of the department of
4administrative services and accounts identified as owing under
5section 8A.504 421.65 shall be satisfied.
6 Sec. 17. CONTINGENT REPEAL. 2022 Iowa Acts, House File
72581, section 13, if enacted, is repealed if 2022 Iowa Acts,
8House File 2128, section 15, is enacted.
9 Sec. 18. CODE EDITOR DIRECTIVES.
101. If Senate File 496 is enacted during the 2022 session
11of the Eighty-ninth General Assembly, the Code editor is
12directed to transfer the Code sections as enacted by that Act
13as follows:
14a. Section 94.1 to section 94B.1.
15b. Section 94.2 to section 94B.2.
162. The Code editor is directed to renumber section 331.301,
17subsection 18, as enacted by 2022 Iowa Acts, House File 728, to
18become section 331.301, subsection 21.
193. The Code editor shall correct internal references in the
20Code and in any enacted legislation as necessary due to the
21enactment of this section.
22 Sec. 19. EFFECTIVE DATE. The following, being deemed of
23immediate importance, take effect upon enactment:
241. The section of this division of this Act amending section
25124.204, subsection 2, paragraph “cl”.
262. The section of this division of this Act amending 2022
27Iowa Acts, House File 2200, section 3.
283. The section of this division of this Act amending 2022
29Iowa Acts, House File 2201, section 7.
30 Sec. 20. RETROACTIVE APPLICABILITY. The following apply
31retroactively to May 2, 2022:
321. The section of this division of this Act amending section
33124.204, subsection 2, paragraph “cl”.
342. The section of this division of this Act amending 2022
35Iowa Acts, House File 2201, section 7.
-6-1 Sec. 21. RETROACTIVE APPLICABILITY. The section of this
2division of this Act amending 2022 Iowa Acts, House File 2200,
3section 3, applies retroactively to May 12, 2022.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to state and local finances by
8making appropriations, providing for legal and regulatory
9responsibilities, and providing for other properly related
10matters.
11STANDING APPROPRIATIONS AND RELATED MATTERS. The bill
12limits standing appropriations for payment of claims for
13nonpublic school pupil transportation, instructional support
14state aid, and state aid for area education agencies. The bill
15authorizes salary adjustments to be funded as determined by the
16department of management from unappropriated moneys in certain
17special funds.
18CORRECTIVE PROVISIONS. The bill makes technical corrections
19to legislation enacted or considered during the 2022
20legislative session. Certain provisions in this division of
21the bill take effect upon enactment and apply retroactively to
22the effective date of the amended legislation.
-7-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
42022-2023. Notwithstanding the standing appropriation in the
5following designated section for the fiscal year beginning July
61, 2022, and ending June 30, 2023, 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:
.................................................. $128,997,091
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 2022-2023. In
18lieu of the appropriation provided in section 257.20,
19subsection 2, the appropriation for the fiscal year
20beginning July 1, 2022, and ending June 30, 2023, for paying
21instructional support state aid under section 257.20 for the
22fiscal year is zero.
23 Sec. 3. SPECIAL FUNDS — SALARY ADJUSTMENTS —
24UNAPPROPRIATED MONEYS — FY 2022-2023. For the fiscal year
25beginning July 1, 2022, and ending June 30, 2023, salary
26adjustments otherwise provided may be funded as determined
27by the department of management, subject to any applicable
28constitutional limitation, using unappropriated moneys
29remaining in the department of commerce revolving fund, the
30gaming enforcement revolving fund, the gaming regulatory
31revolving fund, the primary road fund, the road use tax
32fund, the fish and game protection fund, and the Iowa public
33employees’ retirement fund, and in other departmental
34revolving, trust, or special funds for which the general
35assembly has not made an operating budget appropriation.
-1-1 Sec. 4. Section 257.35, Code 2022, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 16A. Notwithstanding subsection 1, and in
4addition to the reduction applicable pursuant to subsection
52, the state aid for area education agencies and the portion
6of the combined district cost calculated for these agencies
7for the fiscal year beginning July 1, 2022, and ending June
830, 2023, shall be reduced by the department of management by
9seventeen million dollars. At least two million dollars of the
10reduction shall occur in the area of professional development.
11The reduction for each area education agency shall be prorated
12based on the reduction that the agency received in the fiscal
13year beginning July 1, 2003.
14DIVISION II
15CORRECTIVE PROVISIONS
16 Sec. 5. Section 45.1, subsection 7, paragraph a, Code 2022,
17as amended by 2022 Iowa Acts, House File 2466, section 3, is
18amended to read as follows:
19a. For a supervisor district with a population of greater
20than fifteen thousand but fewer no more than fifty thousand
21according to the most recent federal decennial census,
22nomination petitions shall include at least fifty signatures.
23 Sec. 6. Section 80E.2, subsection 2, Code 2022, as amended
24by 2022 Iowa Acts, House File 2367, section 2, is amended to
25read as follows:
262. The prosecuting attorney, certified alcohol and drug
27counselor, certified substance abuse prevention specialist,
28substance use disorder treatment program director, member
29representing the Iowa peace officers association, member
30representing the Iowa state police association, the
31member representing the Iowa state sheriffs’ and deputies’
32association, and the member representing the Iowa police chiefs
33association who is a police chief shall be appointed by the
34governor, subject to senate confirmation, for four-year terms
35beginning and ending as provided in section 69.19. A vacancy
-2-1on the council shall be filled for the unexpired term in the
2same manner as the original appointment was made.
3 Sec. 7. Section 124.204, subsection 2, paragraph cl, as
4enacted by 2022 Iowa Acts, House File 2201, section 1, is
5amended to read as follows:
6cl. N-(1-phenethylpiperidin-4-yl)
7-N-phenylcyclopentanecarboxamide. Other name: cyclopentanyl
8 cyclopentyl fentanyl.
9 Sec. 8. Section 147.77, subsection 1, paragraph l, if
10enacted by 2022 Iowa Acts, House File 803, section 51, is
11amended to read as follows:
12l. The department of public safety, with respect to rules
13relating to permits to carry weapons, that a person who is
14 an unlawful user of or addicted to any controlled substance
15includes any person who is a current user of a controlled
16substance in a manner other than as prescribed by a licensed
17physician.
18 Sec. 9. Section 147.77, subsection 1, paragraph p,
19subparagraph (3), if enacted by 2022 Iowa Acts, House File 803,
20section 51, is amended to read as follows:
21(3) For applications for a license to practice asbestos
22removal, that except as noted in rule, only worker and
23contractor/supervisor license applicants must submit a the
24 respiratory protection and physician’s certification forms.
25 Sec. 10. Section 249A.42A, subsection 2, if enacted by 2022
26Iowa Acts, House File 736, section 1, is amended to read as
27follows:
282. The provider documented the eligibility verification
29performed and any necessary prior authorization obtained
30pursuant to paragraph “a” subsection 1 in a manner and format
31established by the department by rule, and retained the
32required documentation in the recipient’s file.
33 Sec. 11. Section 261.116, subsection 7, Code 2022, as
34amended by 2022 Iowa Acts, Senate File 2383, section 16, if
35enacted, is amended to read as follows:
-3- 16. Health care award fund. A health care award fund is
2created for deposit of moneys appropriated to or received by
3the commission for use under the program. Notwithstanding
4section 8.33, moneys deposited in the health care award
5fund shall not revert to any fund of the state at the
6end of any fiscal year but shall remain in the award fund
7and be continuously available for use under the program.
8Notwithstanding section 12C.7, subsection 2, interest or
9earnings on moneys deposited in the health care award fund
10shall be credited to the fund.
11 Sec. 12. Section 441.1, subsection 3, paragraph d, as
12enacted by 2022 Iowa Acts, Senate File 384, section 1, is
13amended to read as follows:
14d. The provisions of chapter 28E are applicable to this
15section subsection.
16 Sec. 13. Section 600.5, subsection 9A, if enacted by 2022
17Iowa Acts, House File 2252, section 6, is amended to read as
18follows:
199A. If the parents of the person to be adopted had their
20parental rights terminated pursuant to chapter 232, the
21petition shall included include the names of any known siblings
22placed separately from the person to be adopted and either the
23plan for ongoing contact between the siblings if a court found
24that continued contact is in the best interest of each sibling
25or a statement that the court found continued contact between
26the siblings is not in the best interest of each sibling.
27 Sec. 14. 2022 Iowa Acts, House File 2200, section 3, is
28amended to read as follows:
29SEC. 3. APPLICABILITY. This Act applies to direct health
30care agreements that are fully executed on or after the
31effective date of enactment this Act.
32 Sec. 15. 2022 Iowa Acts, House File 2201, section 7, is
33amended by striking the section and inserting in lieu thereof
34the following:
35SEC. 7. Section 124.206, subsection 2, paragraph a,
-4-1unnumbered paragraph 1, Code 2022, is amended by striking
2the unnumbered paragraph and inserting in lieu thereof the
3following:
4Opium and opiate, and any salt, compound, derivative,
5or preparation of opium or opiate excluding apomorphine,
6thebaine-derived butorphanol, dextrorphan, nalbuphine,
7naldemedine, nalmefene, naloxegol, naloxone, 6beta-naltrexol,
8naltrexone, and samidorphan, and their respective salts, but
9including the following:
10 Sec. 16. 2022 Iowa Acts, Senate File 2295, section 184, is
11amended by striking the section and inserting in lieu thereof
12the following:
13SEC. 184. 2020 Iowa Acts, chapter 1064, sections 17 and
1418, are amended by striking the sections and inserting in lieu
15thereof the following:
16SEC. 17. Section 422.12D, subsection 2, Code 2022, is
17amended to read as follows:
182. The director of revenue shall draft the income tax form
19to allow the designation of contributions to the veterans trust
20fund and to the volunteer fire fighter preparedness fund as
21one checkoff on the tax return. The department of revenue,
22on or before January 31, shall transfer one-half of the total
23amount designated on the tax return forms due in the preceding
24calendar year to the veterans trust fund and the remaining
25one-half to the volunteer fire fighter preparedness fund.
26However, before a checkoff pursuant to this section shall be
27permitted, all liabilities on the books of the department of
28administrative services and accounts identified as owing under
29section 8A.504 421.65 shall be satisfied.
30SEC. 18. Section 422.12L, subsection 2, Code 2022, is
31amended to read as follows:
322. The director of revenue shall draft the income tax form
33to allow the designation of contributions to the foundation
34fund on the tax return. The department, on or before January
3531, shall transfer the total amount designated on the tax
-5-1form due in the preceding year to the foundation fund.
2However, before a checkoff pursuant to this section shall be
3permitted, all liabilities on the books of the department of
4administrative services and accounts identified as owing under
5section 8A.504 421.65 shall be satisfied.
6 Sec. 17. CONTINGENT REPEAL. 2022 Iowa Acts, House File
72581, section 13, if enacted, is repealed if 2022 Iowa Acts,
8House File 2128, section 15, is enacted.
9 Sec. 18. CODE EDITOR DIRECTIVES.
101. If Senate File 496 is enacted during the 2022 session
11of the Eighty-ninth General Assembly, the Code editor is
12directed to transfer the Code sections as enacted by that Act
13as follows:
14a. Section 94.1 to section 94B.1.
15b. Section 94.2 to section 94B.2.
162. The Code editor is directed to renumber section 331.301,
17subsection 18, as enacted by 2022 Iowa Acts, House File 728, to
18become section 331.301, subsection 21.
193. The Code editor shall correct internal references in the
20Code and in any enacted legislation as necessary due to the
21enactment of this section.
22 Sec. 19. EFFECTIVE DATE. The following, being deemed of
23immediate importance, take effect upon enactment:
241. The section of this division of this Act amending section
25124.204, subsection 2, paragraph “cl”.
262. The section of this division of this Act amending 2022
27Iowa Acts, House File 2200, section 3.
283. The section of this division of this Act amending 2022
29Iowa Acts, House File 2201, section 7.
30 Sec. 20. RETROACTIVE APPLICABILITY. The following apply
31retroactively to May 2, 2022:
321. The section of this division of this Act amending section
33124.204, subsection 2, paragraph “cl”.
342. The section of this division of this Act amending 2022
35Iowa Acts, House File 2201, section 7.
-6-1 Sec. 21. RETROACTIVE APPLICABILITY. The section of this
2division of this Act amending 2022 Iowa Acts, House File 2200,
3section 3, applies retroactively to May 12, 2022.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to state and local finances by
8making appropriations, providing for legal and regulatory
9responsibilities, and providing for other properly related
10matters.
11STANDING APPROPRIATIONS AND RELATED MATTERS. The bill
12limits standing appropriations for payment of claims for
13nonpublic school pupil transportation, instructional support
14state aid, and state aid for area education agencies. The bill
15authorizes salary adjustments to be funded as determined by the
16department of management from unappropriated moneys in certain
17special funds.
18CORRECTIVE PROVISIONS. The bill makes technical corrections
19to legislation enacted or considered during the 2022
20legislative session. Certain provisions in this division of
21the bill take effect upon enactment and apply retroactively to
22the effective date of the amended legislation.
-7-ns/tm