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House File 729 - IntroducedA Bill ForAn Act 1relating to state finances, including by making,
2modifying, limiting, or reducing appropriations,
3distributions, or transfers, authorizing expenditure of
4certain unappropriated moneys, making corrections, and
5including effective date, applicability, and retroactive
6applicability provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2APPROPRIATIONS, distributions, transfers, and expenditure
3authority
4 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS — FY
52023-2024. Notwithstanding the standing appropriation in the
6following designated section for the fiscal year beginning July
71, 2023, and ending June 30, 2024, the amount appropriated from
8the general fund of the state pursuant to that section for the
9following designated purpose shall not exceed the following
10amount:
11For payment of claims for nonpublic school pupil
12transportation under section 285.2:
.................................................. $138,997,091
14If total approved claims for reimbursement for nonpublic
15school pupil transportation exceed the amount appropriated in
16accordance with this section, the department of education shall
17prorate the amount of each approved claim.
18 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID — FY 2023-2024. In
19lieu of the appropriation provided in section 257.20,
20subsection 2, the appropriation for the fiscal year
21beginning July 1, 2023, and ending June 30, 2024, for paying
22instructional support state aid under section 257.20 for the
23fiscal year is zero.
24 Sec. 3. SPECIAL FUNDS — SALARY ADJUSTMENTS —
25UNAPPROPRIATED MONEYS — FY 2023-2024. For the fiscal
26year beginning July 1, 2023, and ending June 30, 2024,
27salary adjustments otherwise provided may be funded as
28determined by the department of management, subject to any
29applicable constitutional limitation, using unappropriated
30moneys remaining in the commerce revolving fund, the gaming
31enforcement revolving fund, the gaming regulatory revolving
32fund, the primary road fund, the road use tax fund, the fish
33and game protection fund, and the Iowa public employees’
34retirement fund, and in other departmental revolving, trust, or
35special funds for which the general assembly has not made an
-1-1operating budget appropriation.
2 Sec. 4. DISTRIBUTIONS OF IOWA ECONOMIC EMERGENCY FUND
3EXCESS — FY 2022-2023.
41. Notwithstanding section 8.55, subsection 2, paragraphs
5“a” and “b”, for the fiscal year beginning July 1, 2022, and
6ending June 30, 2023, moneys in excess of the maximum balance
7of the Iowa economic emergency fund created in section 8.55
8shall be distributed as follows:
9a. An amount equal to the difference between the foundation
10property tax statewide under section 257.3 for the fiscal year
11beginning July 1, 2023, calculated using taxable valuations
12for the assessment year beginning January 1, 2022, following
13application of assessment limitations calculated under section
14441.21, Code 2023, and the foundation property tax statewide
15under section 257.3 for the fiscal year beginning July 1,
162023, calculated using taxable valuations for the assessment
17year beginning January 1, 2022, following application of
18assessment limitations calculated under section 441.21, Code
192023, as amended by 2023 Iowa Acts, Senate File 181, shall be
20transferred to the general fund of the state to pay foundation
21aid under chapter 257 as described in section 257.16 for the
22fiscal year beginning July 1, 2023.
23b. Of the remaining moneys, if any, the difference between
24the actual net revenue for the general fund of the state for
25the fiscal year and the adjusted revenue estimate for the
26fiscal year, reduced by the amount transferred under paragraph
27“a”, shall be transferred to the taxpayer relief fund created
28in section 8.57E.
29c. The remaining moneys, if any, shall be transferred to the
30general fund of the state.
312. The amount to be transferred under subsection 1,
32paragraph “a”, shall be determined by the department of
33management on or before July 31, 2023. The department shall
34notify the legislative services agency of the department’s
35determination.
-2-1 Sec. 5. Section 257.35, Code 2023, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 17A. 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, 2023, and ending June
830, 2024, shall be reduced by the department of management by
9twenty-two million fifty-seven thousand one hundred thirty-one
10dollars. The reduction for each area education agency shall be
11prorated based on the reduction that the agency received in the
12fiscal year beginning July 1, 2003.
13 Sec. 6. Section 441.21, subsection 5, paragraph e,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) For the fiscal year beginning July 1, 2023, there
16is appropriated from the general fund of the state to the
17department of revenue the sum of one hundred twenty-two million
18three hundred fifty thousand dollars to be used for payments
19under this paragraph calculated as a result of the assessment
20limitations imposed under paragraph “b”, subparagraph (2),
21subparagraph division (a), and paragraph “c”, subparagraph (2),
22subparagraph division (a).For each fiscal year beginning on
23or after July 1, 2023 2024, there is appropriated from the
24general fund of the state to the department of revenue the
25sum of one hundred twenty-five million dollars to be used
26for payments under this paragraph calculated as a result
27of the assessment limitations imposed under paragraph “b”,
28subparagraph (2), subparagraph division (a), and paragraph “c”,
29subparagraph (2), subparagraph division (a).
30 Sec. 7. EFFECTIVE DATE. The following, being deemed of
31immediate importance, takes effect upon enactment:
32The section of this division of this Act providing for
33distributions of moneys in excess of the maximum balance of the
34Iowa economic emergency fund.
35DIVISION II
-3-1CORRECTIVE PROVISIONS
2CORRECTIONS ASSOCIATED WITH SENATE FILE 514
3 Sec. 8. Section 15.342A, subsection 2, Code 2023, as amended
4by 2023 Iowa Acts, Senate File 514, section 2219, is amended
5to read as follows:
62. For the fiscal year beginning July 1, 2023, and for each
7fiscal year thereafter, there is annually appropriated from
8the workforce development fund account to the apprenticeship
9training program fund created in section 15B.3 84D.3 three
10million dollars for the purposes of chapter 15B 84D.
11 Sec. 9. Section 15C.1, subsection 3, paragraph b, Code 2023,
12is amended to read as follows:
13b. An apprenticeship sponsor receiving financial assistance
14under chapter 15B 84D or section 15C.2 84E.2 is ineligible for
15financial assistance under this section during the same fiscal
16year.
17 Sec. 10. Section 15C.2, subsection 3, paragraph b, Code
182023, is amended to read as follows:
19b. An apprenticeship sponsor receiving financial assistance
20under chapter 15B 84D or section 15C.1 84E.1 is ineligible to
21receive financial assistance under this section during the same
22fiscal year. An apprenticeship sponsor who trains through
23a lead apprenticeship sponsor that qualifies for financial
24assistance under chapter 15B 84D is ineligible to receive
25financial assistance under this section.
26 Sec. 11. Section 22.7, subsection 31, Code 2023, is amended
27to read as follows:
2831. Memoranda, work products, and case files of a mediator
29and all other confidential communications in the possession of
30a mediator, as provided in chapters 86 chapter 10A, subchapter
31III, and chapter 216. Information in these confidential
32communications is subject to disclosure only as provided in
33sections 86.44 10A.332 and 216.15B, notwithstanding any other
34contrary provision of this chapter.
35 Sec. 12. Section 92.5, subsection 11, Code 2023, is amended
-4-1to read as follows:
211. Other work approved by the rules adopted pursuant to
3chapter 17A by the labor commissioner director.
4 Sec. 13. Section 100D.3, subsection 1, paragraph c, Code
52023, as amended by 2023 Iowa Acts, Senate File 514, section
61519, is amended to read as follows:
7c. Has received a passing score on the national inspection,
8testing, and certification star fire sprinkler mastery
9exam or on an equivalent exam from a nationally recognized
10third-party testing agency that is approved by the director,
11or is certified at level one by the national institute for
12certification in engineering technologies and as specified
13by rule by the director, or is certified by another entity
14approved by the fire marshal director.
15 Sec. 14. Section 101.22, subsection 4, Code 2023, as amended
16by 2023 Iowa Acts, Senate File 514, section 1534, is amended
17to read as follows:
184. The registration notice of the owner or operator to the
19director under subsections 1 through 3 shall be accompanied
20by an annual fee of twenty dollars for each tank included in
21the notice. All moneys collected shall be retained by the
22department of inspections, appeals, and licensing and are
23appropriated for the use of the director. The annual renewal
24fee applies to all owners or operators who file a registration
25notice with the state fire marshal director pursuant to
26subsections 1 through 3.
27 Sec. 15. Section 101.24, subsection 4, paragraph a, Code
282023, as amended by 2023 Iowa Acts, Senate File 514, section
291536, is amended to read as follows:
30a. If the owner or operator of any property refuses
31admittance, or if prior to such refusal the director
32demonstrates the necessity for a warrant, the state fire
33marshal director may make application under oath or affirmation
34to the district court of the county in which the property is
35located for the issuance of a search warrant.
-5-1 Sec. 16. Section 101A.1, subsection 2A, paragraph c,
2subparagraph (4), as enacted by 2023 Iowa Acts, House File 202,
3section 2, is amended to read as follows:
4(4) Any device the state fire marshal director determines is
5not likely to be used as a weapon or that is an antique.
6 Sec. 17. Section 103.14, Code 2023, as amended by 2023
7Iowa Acts, Senate File 514, section 1562, is amended to read
8as follows:
9103.14 Alarm installations.
10A person who is not licensed pursuant to this chapter may
11plan, lay out, or install electrical wiring, apparatus, and
12equipment for components of alarm systems that operate at
13seventy volt/amps (VA) or less, only if the person is certified
14to conduct such work pursuant to chapter 100C. Installations
15of alarm systems that operate at seventy volt/amps (VA) or less
16are subject to inspection by state inspectors as provided in
17section 103.31, except that reports of such inspections, if
18the installation being inspected was performed by a person
19certified pursuant to chapter 100C, shall be submitted to the
20director and any action taken on a report of an inspection
21of an installation performed by a person certified pursuant
22to chapter 100C shall be taken by or at the direction of the
23state fire marshal director, unless the installation has been
24found to exceed the authority granted to the certificate holder
25pursuant to chapter 100C and therefore to be in violation of
26this chapter.
27 Sec. 18. Section 135.11A, subsection 1, Code 2023, as
28amended by 2023 Iowa Acts, Senate File 514, section 1580, is
29amended to read as follows:
301. Each board under chapters chapter 100C, 103, 103A,
31105, or 147 that are is under the administrative authority
32of the department, except the board of nursing, board of
33medicine, dental board, and board of pharmacy, shall receive
34administrative and clerical support from the department and
35may not employ its own support staff for administrative and
-6-1clerical duties. The executive director of the board of
2nursing, board of medicine, dental board, and board of pharmacy
3shall be appointed pursuant to section 135.11B.
4 Sec. 19. Section 135B.34, subsection 7, Code 2023, as
5amended by 2023 Iowa Acts, Senate File 514, section 166, is
6amended to read as follows:
77. For the purposes of this section, “comprehensive
8preliminary background check” and “record check evaluation
9system” mean:
10a. “Comprehensive preliminary background check” meansthe
11same as defined in section 135C.1.
12b. “Record check evaluation system” means the same as
13defined in section 135C.1.
14 Sec. 20. Section 135R.1, subsection 2, as enacted by 2023
15Iowa Acts, Senate File 75, section 22, is amended to read as
16follows:
172. “Department” means the department of inspections, and
18 appeals, and licensing.
19 Sec. 21. Section 156.1A, Code 2023, as amended by 2023
20Iowa Acts, Senate File 514, section 1632, is amended to read
21as follows:
22156.1A Provision of services.
23Nothing contained in this chapter shall be construed
24as prohibiting the operation of any funeral home, funeral
25establishment, or cremation establishment by any person,
26heir, fiduciary, firm, cooperative burial association, or
27corporation. However, each such person, firm, cooperative
28burial association, or corporation shall ensure that all
29mortuary science services are provided by a funeral director,
30and shall keep the Iowa department of inspections, appeals, and
31licensing advised of the name of the funeral director.
32 Sec. 22. Section 249K.2, subsection 6, Code 2023, as amended
33by 2023 Iowa Acts, Senate File 514, section 820, is amended to
34read as follows:
355. “New construction” means the construction of a new
-7-1nursing facility which does not replace an existing licensed
2and certified facility and requires the provider to obtain a
3certificate of need pursuant to chapter 135 10A, subchapter VI
4 VII.
5 Sec. 23. Section 252D.16, subsection 1, as enacted by 2023
6Iowa Acts, Senate File 514, section 882, is amended to read as
7follows:
81. “Child support services” means the same as child
9supported support services created in section 252B.2.
10 Sec. 24. Section 252E.1, subsection 5, as enacted by 2023
11Iowa Acts, Senate File 514, section 895, is amended to read as
12follows:
135. “Child support services” means child support services
14created in section 252B.1 252B.2.
15 Sec. 25. Section 256.11, subsection 5A, paragraph a, if
16enacted by 2023 Iowa Acts, Senate File 391, section 14, is
17amended to read as follows:
18a. The board of directors of a school district or the
19authorities in charge of an accredited nonpublic school may
20authorize a teacher who is appropriately licensed by the board
21of educational examiners under chapter 272 to teach two or more
22sequential units of one subject area in the same classroom at
23the same time in grades nine through twelve. The board of
24directors of a school district or the authorities in charge
25of an accredited nonpublic school shall award high school
26credit to a student upon the student’s successful completion of
27the course. The teacher must meet the minimum certification
28requirements of the national organization that administers the
29advanced placement program if one of the units being offered
30pursuant to this paragraph is an advanced placement course.
31 Sec. 26. Section 261G.4, subsection 5, Code 2023, as amended
32by 2023 Iowa Acts, Senate File 514, section 2640, is amended
33to read as follows:
345. Students attending a participating nonresident
35institution are ineligible for state student financial aid
-8-1programs established under chapter 256, subchapter VII, part 4.
2 Sec. 27. Section 303.3B, subsection 3, Code 2023, as amended
3by 2023 Iowa Acts, Senate File 514, section 2087, is amended
4to read as follows:
53. The authority shall encourage development projects and
6activities located in certified cultural and entertainment
7districts through incentives under cultural grant programs
8pursuant to section 303.3 15.436, subchapter II, part 30, and
9any other applicable grant programs.
10 Sec. 28. Section 546.10, subsection 3, paragraph a, Code
112023, as amended by 2023 Iowa Acts, Senate File 514, section
121704, is amended to read as follows:
13a. The licensing and regulation examining boards included
14in the bureau department pursuant to subsection 1 retain the
15powers granted them pursuant to the chapters in which they are
16created, except for budgetary and personnel matters which shall
17be handled by the director. Each licensing board shall adopt
18rules pursuant to chapter 17A. Decisions by a licensing board
19are final agency actions for purposes of chapter 17A.
20 Sec. 29. Section 727.2, subsection 3, paragraph d, as
21enacted by 2023 Iowa Acts, House File 202, section 7, is
22amended to read as follows:
23d. Any retailer or community group offering for sale
24at retail any consumer fireworks shall do so in accordance
25with the national fire protection association standard 1124,
26published in the code for the manufacture, transportation,
27storage, and retail sales of fireworks and pyrotechnic
28articles, 2006 edition, and shall not be subject to any other
29standards or requirements unless provided for by the state fire
30marshal director of the department of inspections, appeals, and
31licensing under section 100.19 10A.519.
32 Sec. 30. 2015 Iowa Acts, chapter 138, section 97, as amended
33by 2023 Iowa Acts, Senate File 514, section 1710, is amended
34to read as follows:
35SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
-9-1LESSONS. Notwithstanding any provision of law to the contrary,
2the department of inspections, appeals, and licensing shall
3require that a residential swimming pool used for private
4swimming lessons for up to two hundred seven hours in a
5calendar month, or the number of hours prescribed by local
6ordinance applicable to such use of a residential swimming
7pool, whichever is greater, be regulated as a residential
8swimming pool used for commercial purposes pursuant to chapter
9135I. The department of public health inspections, appeals,
10and licensing may adopt rules to implement this section.
11 Sec. 31. 2021 Iowa Acts, chapter 45, section 5, is amended
12to read as follows:
13SEC. 5. APPLICABILITY. This Act applies to financial
14assistance provided by the economic development authority to
15apprenticeship sponsors and lead apprenticeship sponsors that
16apply for financial assistance on or after July 1, 2021.
17 Sec. 32. 2023 Iowa Acts, Senate File 514, section 2605, is
18amended to read as follows:
19SEC. 2605. APPLICABILITY. This portion of this division
20of this Act applies to individuals appointed as the executive
21director of the board of educational examiners before, on, or
22after the effective date of this division of this Act.
23 Sec. 33. 2023 Iowa Acts, Senate File 514, section 2643, is
24amended to read as follows:
25SEC. 2643. APPLICABILITY. This portion of this division
26of this Act applies to individuals appointed as the executive
27director of the college student aid commission before, on, or
28after the effective date of this division of this Act.
29MISCELLANEOUS CORRECTIONS
30 Sec. 34. Section 12K.1, subsection 4, paragraph j, if
31enacted by 2023 Iowa Acts, Senate File 418, section 4, is
32amended by striking the paragraph.
33 Sec. 35. Section 12K.1, if enacted by 2023 Iowa Acts, Senate
34File 418, section 4, is amended by adding the following new
35subsection:
-10-1 NEW SUBSECTION. 5. “Public fund” means the treasurer of
2state, the state board of regents, the public safety peace
3officers’ retirement system created in chapter 97A, the Iowa
4public employees’ retirement system created in chapter 97B, the
5statewide fire and police retirement system created in chapter
6411, or the judicial retirement system created in chapter 602.
7 Sec. 36. 2023 Iowa Acts, Senate File 418, if enacted, is
8amended by adding the following new section:
9 NEW SECTION. SEC. 9A. Section 35A.13, subsection 4,
10paragraph a, Code 2023, is amended to read as follows:
11a. Notwithstanding subsection 5, moneys in the fund, except
12so much of the fund as may be necessary to be kept on hand
13for the making of disbursements under this section, shall
14be invested by the treasurer of state, in consultation with
15the commission and the public retirement systems committee
16established by section 97D.4, in any investments authorized for
17the Iowa public employees’ retirement system in section 97B.7A,
18including common stock, and subject to the requirements of
19chapters 12F, 12H, and 12J, and 12K, and the earnings therefrom
20shall be credited to the fund. The treasurer of state may
21execute contracts and agreements with investment advisors,
22consultants, and investment management and benefit consultant
23firms in the administration of investments of moneys in the
24fund.
25 Sec. 37. Section 135B.1, subsection 5, as enacted by 2023
26Iowa Acts, Senate File 75, section 1, is amended to read as
27follows:
285. “Rural emergency hospital” means a facility that provides
29rural emergency hospital services in the facility twenty-four
30hours per day, seven days per week; does not provide any acute
31care inpatient services with the exception of any distinct
32part of the facility licensed as a skilled nursing facility
33providing posthospital extended care services; and meets the
34criteria specified in section 135B.1A 135B.3A and the federal
35Consolidated Appropriations Act, Pub.L.No.116-260, §125.
-11-1 Sec. 38. Section 135R.3, subsections 1 and 2, as enacted by
22023 Iowa Acts, Senate File 75, section 24, are amended to read
3as follows:
41. An applicant for an ambulatory surgical center license
5shall submit an application to the department. Applications
6shall be upon such forms and shall include such information
7as the department may reasonably require, which may include
8affirmative evidence of the ability to comply with reasonable
9rules and standards prescribed under this chapter but which
10shall not exceed the requirements for applications required by
11Medicare or an accrediting organization with deeming authority
12authorized by the centers for Medicare and Medicaid services of
13the United States department of health and human services.
142. An applicant for an initial ambulatory surgical center
15license that has been certified by Medicare or an accrediting
16organization with deeming authority authorized by the centers
17for Medicare and Medicaid services of the United States
18department of health and human services shall be granted an
19initial license.
20 Sec. 39. Section 147.164, subsection 2, paragraph a,
21unnumbered paragraph 1, as enacted by 2023 Iowa Acts, Senate
22File 538, section 1, is amended to read as follows:
23Except as otherwise provided in paragraph “c”, a health
24care professional shall not knowingly engage in or cause any
25of the following practices to be performed on a minor if the
26practice is performed for the purpose of attempting to alter
27the appearance of, or affirm the minor’s perception of, the
28minor’s gender or sex, if that appearance or perception is
29inconsistent with the minor’s sex.:
30 Sec. 40. Section 476.1A, subsection 6, paragraph c, if
31enacted by 2023 Iowa Acts, House File 599, section 1, is
32amended to read as follows:
33c. “Safety standards” means applicable regulations
34promulgated by the United States occupational safety and health
35administration and by Iowa occupational safety and health
-12-1by the administration the labor commissioner under chapter
288. Safety standards for electric utilities subject to this
3section also include outage notifications, safety standards
4contained in the national electric safety code, as published
5by the institute of electrical and electronic engineers, inc.,
6and electric safety standards approved by the American national
7standards institute.
8 Sec. 41. Section 521J.7, subsection 1, paragraph b,
9subparagraph (1), if enacted by 2023 Iowa Acts, Senate File
10549, section 10, is amended to read as follows:
11(1) Subject to subparagraph (2), the captive’s company
12 captive company’s report shall be filed no later than ninety
13calendar days after the close of the company’s fiscal year.
14 Sec. 42. Section 521J.19, subsection 3, unnumbered
15paragraph 1, if enacted by 2023 Iowa Acts, Senate File 549,
16section 22, is amended to read as follows:
17Notwithstanding chapter 507C or any other provision to of
18 law to the contrary, in the conservation, rehabilitation, or
19liquidation of a protected cell captive company, all of the
20following requirements shall be met:
21 Sec. 43. Section 533C.305, subsection 4, if enacted by 2023
22Iowa Acts, House File 675, section 14, is amended to read as
23follows:
244. If an applicant avails itself or is otherwise subject
25to a multistate licensing process, the superintendent is
26authorized and encouraged to accept the investigation results
27of a lead investigative state for the purpose of subsection
283, if the lead investigative state has sufficient staffing,
29expertise, and minimum standards. Additionally, if this
30state is a lead investigative state, the superintendent is
31authorized and encouraged to investigate the applicant pursuant
32to subsection 3, and the time frames established by agreement
33through the multistate licensing process, provided, that in no
34case shall such time frame be noncompliant with the application
35period in subsection 1, paragraph “a”.
-13-1 Sec. 44. Section 533C.804, subsection 1, paragraph m,
2subparagraph (1), subparagraph division (d), if enacted by 2023
3Iowa Acts, House File 675, section 35, is amended to read as
4follows:
5(d) Contain an issue date and expiration date, and expressly
6provide for automatic extension, without written amendment,
7for an additional period of one year from the present or each
8future expiration date, unless the issuer of the letter of
9credit notifies the superintendent in writing by certified
10or registered mail or courier mail or other receipted means,
11at least sixty days prior to any expiration date, that the
12irrevocable letter of credit shall not be extended. In the
13event of any notice of expiration or nonextension of a letter
14of credit issued under this subparagraph division, the licensee
15shall be required to demonstrate to the satisfaction of the
16superintendent, fifteen days prior to expiration, that the
17licensee maintains and will maintain permissible investments
18in accordance with section 533C.803, subsection 1, upon the
19expiration of the letter of credit. If the licensee is not
20able to do so, the superintendent may draw on the letter of
21credit in an amount up to the amount necessary to meet the
22licensee’s requirements to maintain permissible investments
23in accordance with section 533C.803, subsection 1. Any
24such draw shall be offset against the licensee’s outstanding
25money transmission obligations. The drawn funds shall be
26held in trust by the superintendent or the superintendent’s
27designated agent, to the extent authorized by law, as agent for
28the benefit of the purchasers and holders of the licensee’s
29outstanding money transmission obligations.
30 Sec. 45. Section 544C.1, subsection 1A, if enacted by 2023
31Iowa Acts, Senate File 135, section 1, is amended to read as
32follows:
33 NEW SUBSECTION. 1A. “Building equipment” means any
34mechanical, plumbing, electrical, or structural components,
35including a conveyance, designed for or located in a building
-14-1or structure.
2 Sec. 46. CODE EDITOR DIRECTIVE. If House File 421 and House
3File 652 are both enacted by the first session of the 90th
4General Assembly, the Code editor shall change the term “barber
5school or school of cosmetology arts and sciences” to “school
6of barbering and cosmetology arts and sciences” wherever the
7term is enacted in House File 421.
8 Sec. 47. EFFECTIVE DATE. The following, being deemed of
9immediate importance, take effect upon enactment:
101. The section of this division of this Act amending section
11135B.1, subsection 5.
122. The section of this division of this Act amending section
13147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
14 Sec. 48. RETROACTIVE APPLICABILITY. The following applies
15retroactively to March 28, 2023:
16The section of this division of this Act amending section
17135B.1, subsection 5.
18 Sec. 49. APPLICABILITY. The following applies one hundred
19eighty days after March 22, 2023:
20The section of this division of this Act amending section
21147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
26AUTHORITY. This bill limits the standing appropriations for
27FY2023-2024 for payment of claims for nonpublic school pupil
28transportation, instructional support state aid, state aid for
29area education agencies, and payments under Code section 441.21
30relating to certain property assessment limitations. The bill
31authorizes salary adjustments to be funded as determined by the
32department of management (DOM) from unappropriated moneys in
33certain special funds.
34The bill provides that for FY 2022-2023, moneys in excess
35of the maximum balance of the Iowa economic emergency fund
-15-1shall not be distributed as provided in Code section 8.55(2),
2but shall instead be distributed as provided in the bill.
3Under the bill, moneys are first transferred to the general
4fund of the state in an amount equal to the difference in
5foundation property tax statewide based on 2023 Iowa Acts,
6Senate File 181, to pay foundation aid under Code chapter 257
7for FY2023-2024. The amount that would be distributed to
8the taxpayer relief fund under current law is reduced by the
9transferred amount. The transferred amount is to be determined
10by DOM. These provisions take effect upon enactment.
11CORRECTIVE PROVISIONS. The bill makes technical corrections
12to, or as the result of, legislation enacted or considered
13during the 2023 legislative session. Certain provisions take
14effect upon enactment and apply retroactively to the effective
15date of the amended legislation.
-16-ns/jh
2modifying, limiting, or reducing appropriations,
3distributions, or transfers, authorizing expenditure of
4certain unappropriated moneys, making corrections, and
5including effective date, applicability, and retroactive
6applicability provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2APPROPRIATIONS, distributions, transfers, and expenditure
3authority
4 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS — FY
52023-2024. Notwithstanding the standing appropriation in the
6following designated section for the fiscal year beginning July
71, 2023, and ending June 30, 2024, the amount appropriated from
8the general fund of the state pursuant to that section for the
9following designated purpose shall not exceed the following
10amount:
11For payment of claims for nonpublic school pupil
12transportation under section 285.2:
.................................................. $138,997,091
14If total approved claims for reimbursement for nonpublic
15school pupil transportation exceed the amount appropriated in
16accordance with this section, the department of education shall
17prorate the amount of each approved claim.
18 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID — FY 2023-2024. In
19lieu of the appropriation provided in section 257.20,
20subsection 2, the appropriation for the fiscal year
21beginning July 1, 2023, and ending June 30, 2024, for paying
22instructional support state aid under section 257.20 for the
23fiscal year is zero.
24 Sec. 3. SPECIAL FUNDS — SALARY ADJUSTMENTS —
25UNAPPROPRIATED MONEYS — FY 2023-2024. For the fiscal
26year beginning July 1, 2023, and ending June 30, 2024,
27salary adjustments otherwise provided may be funded as
28determined by the department of management, subject to any
29applicable constitutional limitation, using unappropriated
30moneys remaining in the commerce revolving fund, the gaming
31enforcement revolving fund, the gaming regulatory revolving
32fund, the primary road fund, the road use tax fund, the fish
33and game protection fund, and the Iowa public employees’
34retirement fund, and in other departmental revolving, trust, or
35special funds for which the general assembly has not made an
-1-1operating budget appropriation.
2 Sec. 4. DISTRIBUTIONS OF IOWA ECONOMIC EMERGENCY FUND
3EXCESS — FY 2022-2023.
41. Notwithstanding section 8.55, subsection 2, paragraphs
5“a” and “b”, for the fiscal year beginning July 1, 2022, and
6ending June 30, 2023, moneys in excess of the maximum balance
7of the Iowa economic emergency fund created in section 8.55
8shall be distributed as follows:
9a. An amount equal to the difference between the foundation
10property tax statewide under section 257.3 for the fiscal year
11beginning July 1, 2023, calculated using taxable valuations
12for the assessment year beginning January 1, 2022, following
13application of assessment limitations calculated under section
14441.21, Code 2023, and the foundation property tax statewide
15under section 257.3 for the fiscal year beginning July 1,
162023, calculated using taxable valuations for the assessment
17year beginning January 1, 2022, following application of
18assessment limitations calculated under section 441.21, Code
192023, as amended by 2023 Iowa Acts, Senate File 181, shall be
20transferred to the general fund of the state to pay foundation
21aid under chapter 257 as described in section 257.16 for the
22fiscal year beginning July 1, 2023.
23b. Of the remaining moneys, if any, the difference between
24the actual net revenue for the general fund of the state for
25the fiscal year and the adjusted revenue estimate for the
26fiscal year, reduced by the amount transferred under paragraph
27“a”, shall be transferred to the taxpayer relief fund created
28in section 8.57E.
29c. The remaining moneys, if any, shall be transferred to the
30general fund of the state.
312. The amount to be transferred under subsection 1,
32paragraph “a”, shall be determined by the department of
33management on or before July 31, 2023. The department shall
34notify the legislative services agency of the department’s
35determination.
-2-1 Sec. 5. Section 257.35, Code 2023, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 17A. 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, 2023, and ending June
830, 2024, shall be reduced by the department of management by
9twenty-two million fifty-seven thousand one hundred thirty-one
10dollars. The reduction for each area education agency shall be
11prorated based on the reduction that the agency received in the
12fiscal year beginning July 1, 2003.
13 Sec. 6. Section 441.21, subsection 5, paragraph e,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) For the fiscal year beginning July 1, 2023, there
16is appropriated from the general fund of the state to the
17department of revenue the sum of one hundred twenty-two million
18three hundred fifty thousand dollars to be used for payments
19under this paragraph calculated as a result of the assessment
20limitations imposed under paragraph “b”, subparagraph (2),
21subparagraph division (a), and paragraph “c”, subparagraph (2),
22subparagraph division (a).For each fiscal year beginning on
23or after July 1, 2023 2024, there is appropriated from the
24general fund of the state to the department of revenue the
25sum of one hundred twenty-five million dollars to be used
26for payments under this paragraph calculated as a result
27of the assessment limitations imposed under paragraph “b”,
28subparagraph (2), subparagraph division (a), and paragraph “c”,
29subparagraph (2), subparagraph division (a).
30 Sec. 7. EFFECTIVE DATE. The following, being deemed of
31immediate importance, takes effect upon enactment:
32The section of this division of this Act providing for
33distributions of moneys in excess of the maximum balance of the
34Iowa economic emergency fund.
35DIVISION II
-3-1CORRECTIVE PROVISIONS
2CORRECTIONS ASSOCIATED WITH SENATE FILE 514
3 Sec. 8. Section 15.342A, subsection 2, Code 2023, as amended
4by 2023 Iowa Acts, Senate File 514, section 2219, is amended
5to read as follows:
62. For the fiscal year beginning July 1, 2023, and for each
7fiscal year thereafter, there is annually appropriated from
8the workforce development fund account to the apprenticeship
9training program fund created in section 15B.3 84D.3 three
10million dollars for the purposes of chapter 15B 84D.
11 Sec. 9. Section 15C.1, subsection 3, paragraph b, Code 2023,
12is amended to read as follows:
13b. An apprenticeship sponsor receiving financial assistance
14under chapter 15B 84D or section 15C.2 84E.2 is ineligible for
15financial assistance under this section during the same fiscal
16year.
17 Sec. 10. Section 15C.2, subsection 3, paragraph b, Code
182023, is amended to read as follows:
19b. An apprenticeship sponsor receiving financial assistance
20under chapter 15B 84D or section 15C.1 84E.1 is ineligible to
21receive financial assistance under this section during the same
22fiscal year. An apprenticeship sponsor who trains through
23a lead apprenticeship sponsor that qualifies for financial
24assistance under chapter 15B 84D is ineligible to receive
25financial assistance under this section.
26 Sec. 11. Section 22.7, subsection 31, Code 2023, is amended
27to read as follows:
2831. Memoranda, work products, and case files of a mediator
29and all other confidential communications in the possession of
30a mediator, as provided in chapters 86 chapter 10A, subchapter
31III, and chapter 216. Information in these confidential
32communications is subject to disclosure only as provided in
33sections 86.44 10A.332 and 216.15B, notwithstanding any other
34contrary provision of this chapter.
35 Sec. 12. Section 92.5, subsection 11, Code 2023, is amended
-4-1to read as follows:
211. Other work approved by the rules adopted pursuant to
3chapter 17A by the labor commissioner director.
4 Sec. 13. Section 100D.3, subsection 1, paragraph c, Code
52023, as amended by 2023 Iowa Acts, Senate File 514, section
61519, is amended to read as follows:
7c. Has received a passing score on the national inspection,
8testing, and certification star fire sprinkler mastery
9exam or on an equivalent exam from a nationally recognized
10third-party testing agency that is approved by the director,
11or is certified at level one by the national institute for
12certification in engineering technologies and as specified
13by rule by the director, or is certified by another entity
14approved by the fire marshal director.
15 Sec. 14. Section 101.22, subsection 4, Code 2023, as amended
16by 2023 Iowa Acts, Senate File 514, section 1534, is amended
17to read as follows:
184. The registration notice of the owner or operator to the
19director under subsections 1 through 3 shall be accompanied
20by an annual fee of twenty dollars for each tank included in
21the notice. All moneys collected shall be retained by the
22department of inspections, appeals, and licensing and are
23appropriated for the use of the director. The annual renewal
24fee applies to all owners or operators who file a registration
25notice with the state fire marshal director pursuant to
26subsections 1 through 3.
27 Sec. 15. Section 101.24, subsection 4, paragraph a, Code
282023, as amended by 2023 Iowa Acts, Senate File 514, section
291536, is amended to read as follows:
30a. If the owner or operator of any property refuses
31admittance, or if prior to such refusal the director
32demonstrates the necessity for a warrant, the state fire
33marshal director may make application under oath or affirmation
34to the district court of the county in which the property is
35located for the issuance of a search warrant.
-5-1 Sec. 16. Section 101A.1, subsection 2A, paragraph c,
2subparagraph (4), as enacted by 2023 Iowa Acts, House File 202,
3section 2, is amended to read as follows:
4(4) Any device the state fire marshal director determines is
5not likely to be used as a weapon or that is an antique.
6 Sec. 17. Section 103.14, Code 2023, as amended by 2023
7Iowa Acts, Senate File 514, section 1562, is amended to read
8as follows:
9103.14 Alarm installations.
10A person who is not licensed pursuant to this chapter may
11plan, lay out, or install electrical wiring, apparatus, and
12equipment for components of alarm systems that operate at
13seventy volt/amps (VA) or less, only if the person is certified
14to conduct such work pursuant to chapter 100C. Installations
15of alarm systems that operate at seventy volt/amps (VA) or less
16are subject to inspection by state inspectors as provided in
17section 103.31, except that reports of such inspections, if
18the installation being inspected was performed by a person
19certified pursuant to chapter 100C, shall be submitted to the
20director and any action taken on a report of an inspection
21of an installation performed by a person certified pursuant
22to chapter 100C shall be taken by or at the direction of the
23state fire marshal director, unless the installation has been
24found to exceed the authority granted to the certificate holder
25pursuant to chapter 100C and therefore to be in violation of
26this chapter.
27 Sec. 18. Section 135.11A, subsection 1, Code 2023, as
28amended by 2023 Iowa Acts, Senate File 514, section 1580, is
29amended to read as follows:
301. Each board under chapters chapter 100C, 103, 103A,
31105, or 147 that are is under the administrative authority
32of the department, except the board of nursing, board of
33medicine, dental board, and board of pharmacy, shall receive
34administrative and clerical support from the department and
35may not employ its own support staff for administrative and
-6-1clerical duties. The executive director of the board of
2nursing, board of medicine, dental board, and board of pharmacy
3shall be appointed pursuant to section 135.11B.
4 Sec. 19. Section 135B.34, subsection 7, Code 2023, as
5amended by 2023 Iowa Acts, Senate File 514, section 166, is
6amended to read as follows:
77. For the purposes of this section, “comprehensive
8preliminary background check” and “record check evaluation
9system” mean:
10a. “Comprehensive preliminary background check” meansthe
11same as defined in section 135C.1.
12b. “Record check evaluation system” means the same as
13defined in section 135C.1.
14 Sec. 20. Section 135R.1, subsection 2, as enacted by 2023
15Iowa Acts, Senate File 75, section 22, is amended to read as
16follows:
172. “Department” means the department of inspections, and
18 appeals, and licensing.
19 Sec. 21. Section 156.1A, Code 2023, as amended by 2023
20Iowa Acts, Senate File 514, section 1632, is amended to read
21as follows:
22156.1A Provision of services.
23Nothing contained in this chapter shall be construed
24as prohibiting the operation of any funeral home, funeral
25establishment, or cremation establishment by any person,
26heir, fiduciary, firm, cooperative burial association, or
27corporation. However, each such person, firm, cooperative
28burial association, or corporation shall ensure that all
29mortuary science services are provided by a funeral director,
30and shall keep the Iowa department of inspections, appeals, and
31licensing advised of the name of the funeral director.
32 Sec. 22. Section 249K.2, subsection 6, Code 2023, as amended
33by 2023 Iowa Acts, Senate File 514, section 820, is amended to
34read as follows:
355. “New construction” means the construction of a new
-7-1nursing facility which does not replace an existing licensed
2and certified facility and requires the provider to obtain a
3certificate of need pursuant to chapter 135 10A, subchapter VI
4 VII.
5 Sec. 23. Section 252D.16, subsection 1, as enacted by 2023
6Iowa Acts, Senate File 514, section 882, is amended to read as
7follows:
81. “Child support services” means the same as child
9supported support services created in section 252B.2.
10 Sec. 24. Section 252E.1, subsection 5, as enacted by 2023
11Iowa Acts, Senate File 514, section 895, is amended to read as
12follows:
135. “Child support services” means child support services
14created in section 252B.1 252B.2.
15 Sec. 25. Section 256.11, subsection 5A, paragraph a, if
16enacted by 2023 Iowa Acts, Senate File 391, section 14, is
17amended to read as follows:
18a. The board of directors of a school district or the
19authorities in charge of an accredited nonpublic school may
20authorize a teacher who is appropriately licensed by the board
21of educational examiners under chapter 272 to teach two or more
22sequential units of one subject area in the same classroom at
23the same time in grades nine through twelve. The board of
24directors of a school district or the authorities in charge
25of an accredited nonpublic school shall award high school
26credit to a student upon the student’s successful completion of
27the course. The teacher must meet the minimum certification
28requirements of the national organization that administers the
29advanced placement program if one of the units being offered
30pursuant to this paragraph is an advanced placement course.
31 Sec. 26. Section 261G.4, subsection 5, Code 2023, as amended
32by 2023 Iowa Acts, Senate File 514, section 2640, is amended
33to read as follows:
345. Students attending a participating nonresident
35institution are ineligible for state student financial aid
-8-1programs established under chapter 256, subchapter VII, part 4.
2 Sec. 27. Section 303.3B, subsection 3, Code 2023, as amended
3by 2023 Iowa Acts, Senate File 514, section 2087, is amended
4to read as follows:
53. The authority shall encourage development projects and
6activities located in certified cultural and entertainment
7districts through incentives under cultural grant programs
8pursuant to section 303.3 15.436, subchapter II, part 30, and
9any other applicable grant programs.
10 Sec. 28. Section 546.10, subsection 3, paragraph a, Code
112023, as amended by 2023 Iowa Acts, Senate File 514, section
121704, is amended to read as follows:
13a. The licensing and regulation examining boards included
14in the bureau department pursuant to subsection 1 retain the
15powers granted them pursuant to the chapters in which they are
16created, except for budgetary and personnel matters which shall
17be handled by the director. Each licensing board shall adopt
18rules pursuant to chapter 17A. Decisions by a licensing board
19are final agency actions for purposes of chapter 17A.
20 Sec. 29. Section 727.2, subsection 3, paragraph d, as
21enacted by 2023 Iowa Acts, House File 202, section 7, is
22amended to read as follows:
23d. Any retailer or community group offering for sale
24at retail any consumer fireworks shall do so in accordance
25with the national fire protection association standard 1124,
26published in the code for the manufacture, transportation,
27storage, and retail sales of fireworks and pyrotechnic
28articles, 2006 edition, and shall not be subject to any other
29standards or requirements unless provided for by the state fire
30marshal director of the department of inspections, appeals, and
31licensing under section 100.19 10A.519.
32 Sec. 30. 2015 Iowa Acts, chapter 138, section 97, as amended
33by 2023 Iowa Acts, Senate File 514, section 1710, is amended
34to read as follows:
35SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
-9-1LESSONS. Notwithstanding any provision of law to the contrary,
2the department of inspections, appeals, and licensing shall
3require that a residential swimming pool used for private
4swimming lessons for up to two hundred seven hours in a
5calendar month, or the number of hours prescribed by local
6ordinance applicable to such use of a residential swimming
7pool, whichever is greater, be regulated as a residential
8swimming pool used for commercial purposes pursuant to chapter
9135I. The department of public health inspections, appeals,
10and licensing may adopt rules to implement this section.
11 Sec. 31. 2021 Iowa Acts, chapter 45, section 5, is amended
12to read as follows:
13SEC. 5. APPLICABILITY. This Act applies to financial
14assistance provided by the economic development authority to
15apprenticeship sponsors and lead apprenticeship sponsors that
16apply for financial assistance on or after July 1, 2021.
17 Sec. 32. 2023 Iowa Acts, Senate File 514, section 2605, is
18amended to read as follows:
19SEC. 2605. APPLICABILITY. This portion of this division
20of this Act applies to individuals appointed as the executive
21director of the board of educational examiners before, on, or
22after the effective date of this division of this Act.
23 Sec. 33. 2023 Iowa Acts, Senate File 514, section 2643, is
24amended to read as follows:
25SEC. 2643. APPLICABILITY. This portion of this division
26of this Act applies to individuals appointed as the executive
27director of the college student aid commission before, on, or
28after the effective date of this division of this Act.
29MISCELLANEOUS CORRECTIONS
30 Sec. 34. Section 12K.1, subsection 4, paragraph j, if
31enacted by 2023 Iowa Acts, Senate File 418, section 4, is
32amended by striking the paragraph.
33 Sec. 35. Section 12K.1, if enacted by 2023 Iowa Acts, Senate
34File 418, section 4, is amended by adding the following new
35subsection:
-10-1 NEW SUBSECTION. 5. “Public fund” means the treasurer of
2state, the state board of regents, the public safety peace
3officers’ retirement system created in chapter 97A, the Iowa
4public employees’ retirement system created in chapter 97B, the
5statewide fire and police retirement system created in chapter
6411, or the judicial retirement system created in chapter 602.
7 Sec. 36. 2023 Iowa Acts, Senate File 418, if enacted, is
8amended by adding the following new section:
9 NEW SECTION. SEC. 9A. Section 35A.13, subsection 4,
10paragraph a, Code 2023, is amended to read as follows:
11a. Notwithstanding subsection 5, moneys in the fund, except
12so much of the fund as may be necessary to be kept on hand
13for the making of disbursements under this section, shall
14be invested by the treasurer of state, in consultation with
15the commission and the public retirement systems committee
16established by section 97D.4, in any investments authorized for
17the Iowa public employees’ retirement system in section 97B.7A,
18including common stock, and subject to the requirements of
19chapters 12F, 12H, and 12J, and 12K, and the earnings therefrom
20shall be credited to the fund. The treasurer of state may
21execute contracts and agreements with investment advisors,
22consultants, and investment management and benefit consultant
23firms in the administration of investments of moneys in the
24fund.
25 Sec. 37. Section 135B.1, subsection 5, as enacted by 2023
26Iowa Acts, Senate File 75, section 1, is amended to read as
27follows:
285. “Rural emergency hospital” means a facility that provides
29rural emergency hospital services in the facility twenty-four
30hours per day, seven days per week; does not provide any acute
31care inpatient services with the exception of any distinct
32part of the facility licensed as a skilled nursing facility
33providing posthospital extended care services; and meets the
34criteria specified in section 135B.1A 135B.3A and the federal
35Consolidated Appropriations Act, Pub.L.No.116-260, §125.
-11-1 Sec. 38. Section 135R.3, subsections 1 and 2, as enacted by
22023 Iowa Acts, Senate File 75, section 24, are amended to read
3as follows:
41. An applicant for an ambulatory surgical center license
5shall submit an application to the department. Applications
6shall be upon such forms and shall include such information
7as the department may reasonably require, which may include
8affirmative evidence of the ability to comply with reasonable
9rules and standards prescribed under this chapter but which
10shall not exceed the requirements for applications required by
11Medicare or an accrediting organization with deeming authority
12authorized by the centers for Medicare and Medicaid services of
13the United States department of health and human services.
142. An applicant for an initial ambulatory surgical center
15license that has been certified by Medicare or an accrediting
16organization with deeming authority authorized by the centers
17for Medicare and Medicaid services of the United States
18department of health and human services shall be granted an
19initial license.
20 Sec. 39. Section 147.164, subsection 2, paragraph a,
21unnumbered paragraph 1, as enacted by 2023 Iowa Acts, Senate
22File 538, section 1, is amended to read as follows:
23Except as otherwise provided in paragraph “c”, a health
24care professional shall not knowingly engage in or cause any
25of the following practices to be performed on a minor if the
26practice is performed for the purpose of attempting to alter
27the appearance of, or affirm the minor’s perception of, the
28minor’s gender or sex, if that appearance or perception is
29inconsistent with the minor’s sex.:
30 Sec. 40. Section 476.1A, subsection 6, paragraph c, if
31enacted by 2023 Iowa Acts, House File 599, section 1, is
32amended to read as follows:
33c. “Safety standards” means applicable regulations
34promulgated by the United States occupational safety and health
35administration and by Iowa occupational safety and health
-12-1by the administration the labor commissioner under chapter
288. Safety standards for electric utilities subject to this
3section also include outage notifications, safety standards
4contained in the national electric safety code, as published
5by the institute of electrical and electronic engineers, inc.,
6and electric safety standards approved by the American national
7standards institute.
8 Sec. 41. Section 521J.7, subsection 1, paragraph b,
9subparagraph (1), if enacted by 2023 Iowa Acts, Senate File
10549, section 10, is amended to read as follows:
11(1) Subject to subparagraph (2), the captive’s company
12 captive company’s report shall be filed no later than ninety
13calendar days after the close of the company’s fiscal year.
14 Sec. 42. Section 521J.19, subsection 3, unnumbered
15paragraph 1, if enacted by 2023 Iowa Acts, Senate File 549,
16section 22, is amended to read as follows:
17Notwithstanding chapter 507C or any other provision to of
18 law to the contrary, in the conservation, rehabilitation, or
19liquidation of a protected cell captive company, all of the
20following requirements shall be met:
21 Sec. 43. Section 533C.305, subsection 4, if enacted by 2023
22Iowa Acts, House File 675, section 14, is amended to read as
23follows:
244. If an applicant avails itself or is otherwise subject
25to a multistate licensing process, the superintendent is
26authorized and encouraged to accept the investigation results
27of a lead investigative state for the purpose of subsection
283, if the lead investigative state has sufficient staffing,
29expertise, and minimum standards. Additionally, if this
30state is a lead investigative state, the superintendent is
31authorized and encouraged to investigate the applicant pursuant
32to subsection 3, and the time frames established by agreement
33through the multistate licensing process, provided, that in no
34case shall such time frame be noncompliant with the application
35period in subsection 1, paragraph “a”.
-13-1 Sec. 44. Section 533C.804, subsection 1, paragraph m,
2subparagraph (1), subparagraph division (d), if enacted by 2023
3Iowa Acts, House File 675, section 35, is amended to read as
4follows:
5(d) Contain an issue date and expiration date, and expressly
6provide for automatic extension, without written amendment,
7for an additional period of one year from the present or each
8future expiration date, unless the issuer of the letter of
9credit notifies the superintendent in writing by certified
10or registered mail or courier mail or other receipted means,
11at least sixty days prior to any expiration date, that the
12irrevocable letter of credit shall not be extended. In the
13event of any notice of expiration or nonextension of a letter
14of credit issued under this subparagraph division, the licensee
15shall be required to demonstrate to the satisfaction of the
16superintendent, fifteen days prior to expiration, that the
17licensee maintains and will maintain permissible investments
18in accordance with section 533C.803, subsection 1, upon the
19expiration of the letter of credit. If the licensee is not
20able to do so, the superintendent may draw on the letter of
21credit in an amount up to the amount necessary to meet the
22licensee’s requirements to maintain permissible investments
23in accordance with section 533C.803, subsection 1. Any
24such draw shall be offset against the licensee’s outstanding
25money transmission obligations. The drawn funds shall be
26held in trust by the superintendent or the superintendent’s
27designated agent, to the extent authorized by law, as agent for
28the benefit of the purchasers and holders of the licensee’s
29outstanding money transmission obligations.
30 Sec. 45. Section 544C.1, subsection 1A, if enacted by 2023
31Iowa Acts, Senate File 135, section 1, is amended to read as
32follows:
33 NEW SUBSECTION. 1A. “Building equipment” means any
34mechanical, plumbing, electrical, or structural components,
35including a conveyance, designed for or located in a building
-14-1or structure.
2 Sec. 46. CODE EDITOR DIRECTIVE. If House File 421 and House
3File 652 are both enacted by the first session of the 90th
4General Assembly, the Code editor shall change the term “barber
5school or school of cosmetology arts and sciences” to “school
6of barbering and cosmetology arts and sciences” wherever the
7term is enacted in House File 421.
8 Sec. 47. EFFECTIVE DATE. The following, being deemed of
9immediate importance, take effect upon enactment:
101. The section of this division of this Act amending section
11135B.1, subsection 5.
122. The section of this division of this Act amending section
13147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
14 Sec. 48. RETROACTIVE APPLICABILITY. The following applies
15retroactively to March 28, 2023:
16The section of this division of this Act amending section
17135B.1, subsection 5.
18 Sec. 49. APPLICABILITY. The following applies one hundred
19eighty days after March 22, 2023:
20The section of this division of this Act amending section
21147.164, subsection 2, paragraph “a”, unnumbered paragraph 1.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
26AUTHORITY. This bill limits the standing appropriations for
27FY2023-2024 for payment of claims for nonpublic school pupil
28transportation, instructional support state aid, state aid for
29area education agencies, and payments under Code section 441.21
30relating to certain property assessment limitations. The bill
31authorizes salary adjustments to be funded as determined by the
32department of management (DOM) from unappropriated moneys in
33certain special funds.
34The bill provides that for FY 2022-2023, moneys in excess
35of the maximum balance of the Iowa economic emergency fund
-15-1shall not be distributed as provided in Code section 8.55(2),
2but shall instead be distributed as provided in the bill.
3Under the bill, moneys are first transferred to the general
4fund of the state in an amount equal to the difference in
5foundation property tax statewide based on 2023 Iowa Acts,
6Senate File 181, to pay foundation aid under Code chapter 257
7for FY2023-2024. The amount that would be distributed to
8the taxpayer relief fund under current law is reduced by the
9transferred amount. The transferred amount is to be determined
10by DOM. These provisions take effect upon enactment.
11CORRECTIVE PROVISIONS. The bill makes technical corrections
12to, or as the result of, legislation enacted or considered
13during the 2023 legislative session. Certain provisions take
14effect upon enactment and apply retroactively to the effective
15date of the amended legislation.
-16-ns/jh