Bill Text: IA HF2502 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to state and local finances by making appropriations, providing for legal and regulatory responsibilities, providing for other properly related matters, and providing for effective date, contingent effective date, applicability, and retroactive applicability provisions. (Formerly HSB 690.) Item vetoed 6-1-18. Various effective dates, see bill.
Spectrum: Committee Bill
Status: (Passed) 2018-06-01 - NOBA: Graybook [HF2502 Detail]
Download: Iowa-2017-HF2502-Enrolled.html
House File 2502 - Enrolled
HOUSE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO HSB 690)
\5
A BILL FOR
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House File 2502
AN ACT
RELATING TO STATE AND LOCAL FINANCES BY MAKING
APPROPRIATIONS, PROVIDING FOR LEGAL AND REGULATORY
RESPONSIBILITIES, PROVIDING FOR OTHER PROPERLY RELATED
MATTERS, AND PROVIDING FOR EFFECTIVE DATE, CONTINGENT
EFFECTIVE DATE, APPLICABILITY, AND RETROACTIVE APPLICABILITY
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
STANDING APPROPRIATIONS AND RELATED MATTERS
Section 1. 2017 Iowa Acts, chapter 170, is amended by adding
the following new section:
NEW SECTION. SEC. 5A. GENERAL ASSEMBLY ==== FY 2018=2019.
1. The appropriations made pursuant to section 2.12 for the
expenses of the general assembly and legislative agencies for
the fiscal year beginning July 1, 2018, and ending June 30,
2019, are reduced by the following amount:
.................................................. $ 1,417,318
2. The budgeted amounts for the general assembly and
legislative agencies for the fiscal year beginning July 1,
2018, may be adjusted to reflect the unexpended budgeted
amounts from the previous fiscal year.
3. Annual membership dues for organizations, associations,
and conferences shall not be paid from moneys appropriated
pursuant to section 2.12, except reimbursement for travel
expenses may be paid to commissioners serving on the commission
of uniform state laws.
4. Costs for out=of=state travel and per diems for
out=of=state travel shall not be paid from moneys appropriated
pursuant to section 2.12.
Sec. 2. 2017 Iowa Acts, chapter 170, is amended by adding
the following new section:
NEW SECTION. SEC. 6A. INSTRUCTIONAL SUPPORT STATE AID ==== FY
2018=2019. In lieu of the appropriation provided in section
257.20, subsection 2, the appropriation for the fiscal year
beginning July 1, 2018, and ending June 30, 2019, for paying
instructional support state aid under section 257.20 for such
fiscal years is zero.
Sec. 3. 2017 Iowa Acts, chapter 170, section 15, is amended
to read as follows:
SEC. 15. CASH RESERVE FUND APPROPRIATION ==== FY 2018=2019.
There is appropriated from the general fund of the state to the
cash reserve fund for the fiscal year beginning July 1, 2018,
and ending June 30, 2019, the following amount:
.................................................. $111,100,000
113,100,000
Sec. 4. Section 257.35, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 12A. Notwithstanding subsection 1, and in
addition to the reduction applicable pursuant to subsection
2, the state aid for area education agencies and the portion
of the combined district cost calculated for these agencies
for the fiscal year beginning July 1, 2018, and ending June
30, 2019, shall be reduced by the department of management by
fifteen million dollars. The reduction for each area education
agency shall be prorated based on the reduction that the agency
received in the fiscal year beginning July 1, 2003.
Sec. 5. TAXPAYERS TRUST FUND. On July 1, 2018, any
unencumbered and unobligated moneys in the taxpayers trust fund
created in section 8.57E are transferred to the general fund
of the state.
Sec. 6. SALARY MODEL ADMINISTRATOR. The salary model
administrator shall work in conjunction with the legislative
services agency to maintain the state's salary model used for
analyzing, comparing, and projecting state employee salary
and benefit information, including information relating to
employees of the state board of regents. The department of
revenue, the department of administrative services, the five
institutions under the jurisdiction of the state board of
regents, the judicial district departments of correctional
services, and the state department of transportation shall
provide salary data to the department of management and the
legislative services agency to operate the state's salary
model. The format and frequency of provision of the salary
data shall be determined by the department of management and
the legislative services agency. The information shall be
used in collective bargaining processes under chapter 20 and
in calculating the funding needs contained within the annual
salary adjustment legislation. A state employee organization
as defined in section 20.3, subsection 4, may request
information produced by the model, but the information provided
shall not contain information attributable to individual
employees.
DIVISION II
MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
Sec. 7. Section 331.424A, subsection 9, Code 2018, as
amended by 2018 Iowa Acts, House File 2456, section 14, is
amended to read as follows:
a. For the fiscal year beginning July 1, 2017, and each
subsequent fiscal year, the county budgeted amount determined
for each county shall be the amount necessary to meet the
county's financial obligations for the payment of services
provided under the regional service system management plan
approved pursuant to section 331.393, not to exceed an amount
equal to the product of the regional per capita expenditure
target amount multiplied by the county's population, and, for
fiscal years beginning on or after July 1, 2021, reduced by
the amount of the county's cash flow reduction amount for the
fiscal year calculated under subsection 4, if applicable.
b. If a county officially joins a different region, the
county's budgeted amount shall be the amount necessary to meet
the county's financial obligations for payment of services
provided under the new region's regional service system
management plan approved pursuant to section 331.393, not to
exceed an amount equal to the product of the new region's
regional per capita expenditure target amount multiplied by
the county's population, and, for fiscal years beginning on
or after July 1, 2021, reduced by the amount of the county's
cash flow reduction amount for the fiscal year calculated under
subsection 4, if applicable.
Sec. 8. 2017 Iowa Acts, chapter 170, section 13, is amended
to read as follows:
SEC. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding
section 8.56, subsection 3 and subsection 4, paragraph "a" and
section 8.57, subsection 1, paragraph "a", there is transferred
from the cash reserve fund created in section 8.56 to the
general fund of the state for the fiscal year beginning July 1,
2016, and ending June 30, 2017, the following amount:
.................................................. $131,100,000
Sec. 9. 2018 Iowa Acts, House File 2441, section 17,
subsection 1, is amended by striking the subsection.
Sec. 10. 2018 Iowa Acts, Senate File 2117, section 11,
subsection 1, is amended to read as follows:
1. There is appropriated from the Iowa economic emergency
fund created in section 8.55 to the general fund of the state
for the fiscal year beginning July 1, 2017 2016, and ending
June 30, 2018 2017, the following amount:
.................................................. $ 13,000,000
Sec. 11. 2018 Iowa Acts, Senate File 2117, section 12, is
amended to read as follows:
SEC. 12. RETROACTIVE APPLICABILITY. The following
provision or provisions of this division of this Act apply
retroactively to September 28, 2017 June 30, 2017:
The section of this division of this Act appropriating
moneys from the Iowa economic emergency fund to the general
fund in lieu of a prior standing appropriation.
Sec. 12. RETROACTIVE APPLICABILITY. The following applies
retroactively to May 12, 2017:
The section of this division of this Act amending 2017 Iowa
Acts, chapter 170, section 13.
Sec. 13. RETROACTIVE APPLICABILITY. The following applies
retroactively to the effective date of section 256.9A, as
enacted by 2018 Iowa Acts, House File 2441, section 1:
The section of this division of this Act amending 2018 Iowa
Acts, House File 2441, section 17, subsection 1.
Sec. 14. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION III
CORRECTIVE PROVISIONS
Sec. 15. Section 9A.102, subsection 1, Code 2017, as amended
by 2018 Iowa Acts, Senate File 385, section 2, is amended to
read as follows:
1. "Agency contract" means an agreement in which a student
athlete authorizes a person to negotiate or solicit on behalf
of the athlete a professional sports services contract or an
endorsement contract.
Sec. 16. Section 68B.2C, as enacted by 2018 Iowa Acts,
Senate File 2323, section 7, is amended to read as follows:
68B.2C Prohibited outside employment and activities ==== agents
of foreign principals.
Officials and state employees shall not engage in any
outside employment or activity that requires the person to
register under the federal Foreign Agents Registration Act of
1938, as amended, 22 U.S.C. {611 et seq., as amended.
Sec. 17. Section 84A.4, subsection 4, paragraph f, Code
2018, if enacted by 2018 Iowa Acts, Senate File 2353, section
6, is amended to read as follows:
f. Proven and promising practices. The local workforce
development board shall lead efforts in the local workforce
development area to do all of the following:
(1) Identify identify and promote proven and promising
strategies and initiatives for meeting the needs of employers,
workers, and jobseekers, including individuals with a barrier
to employment, in the local workforce development system,
including providing physical and programmatic accessibility,
in accordance with 29 U.S.C. {3248, if applicable, applicable
provisions of chapter 216, and applicable provisions of the
Americans with Disabilities Act of 1990, codified at 42 U.S.C.
{12101 et seq., to the one=stop delivery system.
Sec. 18. Section 123.92, subsection 3, paragraph a, Code
2018, as amended by 2018 Iowa Acts, Senate File 2310, section
47, is amended to read as follows:
a. Notwithstanding section 123.49, subsection 1, any
person who is injured in person or property or means of
support by an intoxicated person who is under legal age or
resulting from the intoxication of a person who is under
legal age, has a right of action for all damages actually
sustained, severally or jointly, against a person who is
not a licensee or permittee and who dispensed or gave any
alcoholic beverage to the intoxicated underage person when the
nonlicensee or nonpermittee who dispensed or gave the alcoholic
beverage to the underage person knew or should have known the
underage person was intoxicated, or who dispensed or gave any
alcoholic beverage to the underage person to a point where the
nonlicensee or nonpermittee knew or should have known that the
underage person would become intoxicated.
Sec. 19. Section 135.16A, subsection 1, paragraph a, as
enacted by 2018 Iowa Acts, House File 2408, section 1, is
amended to read as follows:
a. "Conventional eggs" means eggs others other than
specialty eggs.
Sec. 20. Section 147C.1, subsection 7, paragraph e,
subparagraph (2), subparagraph division (h), as enacted by 2018
Iowa Acts, House File 2425, section 1, is amended to read as
follows:
(h) Disclosure of investigative records compiled for law
enforcement purposes of any of the following.
Sec. 21. Section 148H.1, subsection 4, as enacted by 2018
Iowa Acts, Senate File 2228, section 5, is amended to read as
follows:
4. "Genetic counseling intern" means a student enrolled in
a genetic counseling program accredited by the accreditation
council for genetic counseling or its equivalent or successor
organization, or the American board of medical genetics and
genomics or its equivalent or successor organization.
Sec. 22. Section 256.7, subsection 21, paragraph b,
subparagraph (2), subparagraph division (d), as enacted by 2018
Iowa Acts, House File 2235, section 1, is amended to read as
follows:
(d) That the assessment be peer=reviewed by an independent,
third=party evaluator to determine that the assessment is
aligned with the Iowa core academic standards, provides
a measurement of student growth and student proficiency,
and meets the summative assessment requirements of the
federal Every Student Succeeds Act, Pub. L. No. 114=95. The
assessment developed by the Iowa testing service program
within the university of Iowa college of education shall make
any necessary adjustments as determined by the peer review
be adjusted as necessary to meet the requirements of this
subparagraph (2) as determined by the peer review.
Sec. 23. Section 256.42, subsection 5, Code 2018, as amended
by 2018 Iowa Acts, Senate File 2131, section 1, is amended to
read as follows:
5. Under the initiative, a student must be enrolled in
a participating school district or accredited nonpublic
school or be receiving private instruction under chapter 299A
as described in subsection 1. For a student enrolled in a
participating school district or accredited nonpublic school,
the school district or school is responsible for recording
grades received for initiative coursework in a student's
permanent record, awarding high school credit for initiative
coursework, and issuing a high school diplomas diploma to a
student enrolled in the district or school who participates and
completes coursework under the initiative. Each participating
school shall identify a site coordinator to serve as a student
advocate and as a liaison between the initiative staff and
teachers and the school district or accredited nonpublic
school. The individual providing instruction to a student
under chapter 299A as described in subsection 1 shall receive
the student's score for completed initiative coursework.
Sec. 24. Section 261.131, subsection 1, paragraph d, Code
2018, as enacted by 2018 Iowa Acts, House File 2458, section
12, is amended to read as follows:
d. "Eligible program" means a program of study or an
academic major jointly approved by the commission and the
department of workforce development, in consultation with an
eligible institution, that leads to a credential aligned with a
high=demand job designated by the workforce development board
or a community college pursuant to section 84A.1B, subsection
13A. If the board or a community college removes a high=demand
job from a list created under section 84A.1B, subsection 13A,
an eligible student who received a scholarship for a program
based on that high=demand job shall continue to receive the
scholarship until achieving a postsecondary credential, up to
an associate degree, as long as the student continues to meet
all other eligibility requirements.
Sec. 25. Section 280.13C, subsection 4, paragraph a, Code
2018, as amended by 2018 Iowa Acts, House File 2442, section 1,
is amended to read as follows:
a. The department of public health, Iowa high school
athletic association, and the Iowa girls high school athletic
union shall work together to distribute the guidelines of the
centers for disease control and prevention guidelines of the
United States department of health and human services and other
pertinent information to inform and educate coaches, students,
and the parents and guardians of students of the risks, signs,
symptoms, and behaviors consistent with a concussion or brain
injury, including the danger of continuing to participate in
extracurricular interscholastic activities after suffering a
concussion or brain injury and their responsibility to report
such signs, symptoms, and behaviors if they occur.
Sec. 26. Section 280.13C, subsection 8, paragraph a, Code
2018, as amended by 2018 Iowa Acts, House File 2442, section 1,
is amended to read as follows:
a. A school district or accredited nonpublic school that
adopts and follows the protocol required by this section and
provides an emergency medical care provider or a licensed
health care provider at a contest that is a contact or limited
contact activity as identified by the American academy of
pediatrics shall not be liable for any claim for injuries or
damages based upon the actions or inactions of the emergency
medical care provider or the licensed health care provider
present at the contest at the request of the school district
or accredited nonpublic school so long as the emergency
medical care provider or the licensed health care provider
acts reasonably and in good faith and in the best interest of
the student athlete and without undue influence of the school
district or accredited nonpublic school or coaching staff
employed by the school district or accredited nonpublic school.
A school district or accredited nonpublic school shall not be
liable for any claim for injuries or damages if an emergency
medical care provider or a licensed health care provider who
was scheduled in accordance with a prearranged agreement with
the school district or accredited nonpublic school to be
present and available at a contest is not able to be present
and available due to documentable, unforeseen circumstances and
the school district or accredited nonpublic school otherwise
followed the protocol.
Sec. 27. Section 298.3, subsection 1, paragraph j, Code
2018, as amended by 2018 Iowa Acts, House File 2253, section 9,
is amended to read as follows:
j. The purchase of buildings or lease=purchase option
agreements for school buildings. However, a contract
for construction by a private party of property to be
lease=purchased by a public school corporation is a contract
for a public improvement as defined in section 26.2. If the
estimated cost of the property to be lease=purchased that is
renovated, repaired, or involves new construction in excess
of exceeds the competitive bid threshold in section 26.3, the
board of directors shall comply with the competitive bidding
requirements of section 26.3.
Sec. 28. Section 321G.13, subsection 2, paragraph b,
subparagraph (2), Code 2018, as amended by 2018 Iowa Acts,
Senate File 2231, section 1, is amended to read as follows:
(2) A person may operate or ride on a snowmobile with a
loaded pistol or revolver, whether concealed or not, if a the
person is operating or riding the snowmobile on land that is
not owned, possessed, or rented by the person, and the person's
conduct is otherwise lawful.
Sec. 29. Section 321I.14, subsection 2, paragraph b,
subparagraph (2), Code 2018, as amended by 2018 Iowa Acts,
Senate File 2231, section 3, is amended to read as follows:
(2) A person may operate or ride on all an all=terrain
vehicle with a loaded pistol or revolver, whether concealed or
not, if a the person is operating or riding the all=terrain
vehicle on land that is not owned, possessed, or rented by the
person, and the person's conduct is otherwise lawful.
Sec. 30. Section 321I.14, subsection 6, as enacted by 2018
Iowa Acts, Senate File 2231, section 4, is amended to read as
follows:
6. As used in this section, "rented by the person" includes
a person who does not necessarily rent the land but who
principally provides labor for the production of crops located
on agricultural land or for the production of livestock
principally located on agricultural land. The person must
personally provide such labor on a regular, continuous, and
substantial basis.
Sec. 31. Section 364.4, subsection 4, paragraph i, Code
2018, as amended by 2018 Iowa Acts, House File 2253, section
11, is amended to read as follows:
i. A contract for construction by a private party of
property to be lease=purchased by a city is a contract for a
public improvement under section 26.2, subsection 3. If the
estimated cost of the property to be lease=purchased that is
renovated, repaired, or involves new construction exceeds the
competitive bid threshold set in section 26.3, the city shall
comply with the competitive bidding requirements of section
26.3.
Sec. 32. Section 633.42, subsection 1, Code 2018, as amended
by 2018 Iowa Acts, Senate File 2098, section 3, is amended to
read as follows:
1. At any time after the issuance of letters of appointment,
any interested person in the proceeding may file with the
clerk a written request for notice of the time and place of
all hearings in such proceeding for which notice is required
by law, by rule of court, or by an order in such proceeding.
The request for notice shall state the name of the requester,
the name of the requester's attorney, if any, and the reason
the requester is an interested person in the proceeding. The
request for notice shall provide the requester's post office
address, and, if available, the requester's electronic mail
address and telephone number. The request for notice shall
also provide the requester's attorney's post office address,
electronic mail address, and telephone number. The clerk shall
docket the request. Thereafter, unless otherwise ordered by
the court, the fiduciary shall serve by ordinary or electronic
mail a notice of each hearing upon such requester and the
requester's attorney, if any.
Sec. 33. Section 633.418, Code 2018, as amended by 2018
Iowa Acts, Senate File 2098, section 6, is amended to read as
follows:
633.418 Form and verification of claims ==== general
requirements.
No claim shall be allowed against an estate on application
of the claimant unless it shall be in writing, filed with
the clerk, stating the claimant's name, and address, and,
if available, telephone number and electronic mail address,
describing the nature and the amount thereof, if ascertainable,
and accompanied by the affidavit of the claimant, or someone
for the claimant, that the amount is justly due, or if not yet
due, when it will or may become due, that no payments have been
made thereon which are not credited, and that there are no
offsets to the same, to the knowledge of the affiant, except as
therein stated. If the claim is contingent, the nature of the
contingency shall also be stated.
Sec. 34. Section 651.29, subsection 5, paragraphs b and c,
as enacted by 2018 Iowa Acts, Senate File 2175, section 29, are
amended to read as follows:
b. If none of the cotenants has have paid the entire price
for the remaining interest in the heirs property, the court
shall resolve the partition action under section 651.30 as if
the interest of the cotenant that had requested partition by
sale of the heirs property has not been purchased.
c. If more than one cotenant have has paid the entire price
for the remaining interest in the heirs property, the court
shall reapportion the remaining interest among such cotenants
based on each cotenant's original fractional ownership of the
entire heirs property divided by the total original fractional
ownership of all cotenants that paid the entire price for
the remaining interest. The court shall promptly issue an
order reallocating all cotenants' interests, disburse the
amounts held by the court to the persons entitled to such
disbursements, and promptly refund any excess payments held by
the court to the appropriate persons.
Sec. 35. Section 655.6, subsection 1, as enacted by 2018
Iowa Acts, House File 2232, section 5, is amended to read as
follows:
1. The mortgagee established reasonable procedures to
achieve compliance with its obligations under section 655.3.
Sec. 36. Section 716.11, subsection 1, paragraph b, as
enacted by 2018 Iowa Acts, Senate File 2235, section 1, is
amended to read as follows:
b. A gas, oil, petroleum, refined petroleum product,
renewable fuel, or chemical critical generation, storage,
transportation, or delivery system.
Sec. 37. 2018 Iowa Acts, Senate File 2117, section 1,
paragraphs p and s, are amended to read as follows:
p. Department of economic Economic development authority
.................................................. $ 157,960
s. College student aid commission
.................................................. $ 94,172
Sec. 38. 2018 Iowa Acts, House File 2442, section 4, is
amended to read as follows:
SEC. 4. STATE MANDATE FUNDING SPECIFIED. In accordance
with section 25B.2, subsection 3, the state cost of requiring
compliance with any state mandate included in this division
of this Act shall be paid by a school district from state
school foundation aid received by the school district under
section 257.16. This specification of the payment of the state
cost shall be deemed to meet all of the state funding=related
requirements of section 25B.2, subsection 3, and no additional
state funding shall be necessary for the full implementation of
this Act by and enforcement of this Act against all affected
school districts.
Sec. 39. REPEAL. 2018 Iowa Acts, House File 2348, section
9, is repealed.
Sec. 40. REPEAL. 2018 Iowa Acts, House File 2457, sections
115 and 116 are repealed.
Sec. 41. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this division of this Act amending 2018 Iowa
Acts, Senate File 2117, section 1, paragraphs "p" and "s".
Sec. 42. RETROACTIVE APPLICABILITY. The following applies
retroactively to March 28, 2018:
The section of this division of this Act amending 2018 Iowa
Acts, Senate File 2117, section 1, paragraphs "p" and "s".
Sec. 43. APPLICABILITY. The following apply July 1, 2018,
to probate filings made on or after that date:
1. The section of this division of this Act amending section
633.42.
2. The section of this division of this Act amending section
633.418.
DIVISION IV
LAND ACQUISITION AND INVENTORY
Sec. 44. LAND ACQUISITION AND INVENTORY.
1. By December 1, 2018, the department of natural resources
shall submit a report to the general assembly including all
financial assistance provided to private entities for the
acquisition of land and an inventory of all land managed or
owned on behalf of the state by the department.
2. The portion of the report regarding financial assistance
to private entities for land acquisition shall include the
name of the private entities, a description of the assistance
provided, the price of the tract, the date the assistance
was provided, the date of full loan repayment or cessation
of the linked deposit account, and the total amount of
outstanding loans and linked deposits associated with such land
acquisitions. This portion of the report shall also include
information regarding the land purchase including the location
and description of the land, a description of the conservation
benefits of the purchase, the name of the seller, the price
paid, and the size of the tract. If the land was later
acquired by a governmental entity, the report shall include the
name of the governmental entity, the date of the subsequent
acquisition, the price paid, and the source of the funds.
3. The portion of the report regarding the land inventory
shall include a list of all properties owned by the state whose
purchase or donation was facilitated by the department and a
list of properties which are managed by the department, but
not owned by the state. For each owned tract of land, the
inventory shall include the location of the tract, the date
of acquisition or first management agreement, the name of the
seller or donor of the tract, the price paid for state=owned
land and the source of the funds; the owner of the tract if not
owned by the state, the size of the tract, the present use of
the tract including whether the property is open to the public,
and the identification of the government entity charged with
managing the tract. The inventory shall also identify the
location and size of all tracts which were conveyed to cities
or counties within the past twenty years after termination of
state ownership.
4. For the fiscal year beginning July 1, 2018, the
environmental protection commission shall not authorize a
contract or approve costs related to the purchase of land
which obligates moneys from the water pollution control works
revolving loan fund for financial assistance to acquire new
land under the general nonpoint source program set=aside.
DIVISION V
IOWA GEOLOGICAL SURVEY
Sec. 45. 2018 Iowa Acts, House File 2491, section 21, if
enacted, is amended to read as follows:
SEC. 53A. STATE UNIVERSITY OF IOWA GEOGRAPHICAL AND WATER
GEOLOGICAL SURVEY. There is appropriated from the environment
first fund created in section 8.57A to the state university of
Iowa for the fiscal year beginning July 1, 2018, and ending
June 30, 2019, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. OPERATIONS
For purposes of supporting the operations of the Iowa
geological and water survey of the state as created within the
state university of Iowa pursuant to section 456.1 as amended
by 2018 Iowa Acts, House File 2303, section 12, including
but not limited to providing analysis; data maintenance,
collection, and compilation; investigative programs; and
information for water supply development and protection:
.................................................. $ 200,000
2. WATER RESOURCE MANAGEMENT
For purposes of supporting the Iowa geological and water
survey in measuring, assessing, and evaluating the quantity
of water sources in this state and assisting the department
of natural resources in regulating water quantity as provided
in chapter 455B, division III, part 4, pursuant to sections
455B.262B and 456.14, as enacted by this Act:
.................................................. $ 495,000
DIVISION VI
PODIATRY
Sec. 46. Section 147.139, subsections 3 and 4, Code 2018,
are amended to read as follows:
3. If the defendant is board=certified in a specialty, the
person is certified in the same or a substantially similar
specialty by a board recognized by the American board of
medical specialties, or the American osteopathic association,
or the council on podiatric medical education.
4. a. If the defendant is a licensed physician or
osteopathic physician under chapter 148, the person is a
physician or osteopathic physician licensed in this state or
another state.
b. If the defendant is a licensed podiatric physician under
chapter 149, the person is a physician, osteopathic physician,
or a podiatric physician licensed in this state or another
state.
DIVISION VII
CATTLE GUARDS
Sec. 47. Section 314.30, subsection 1, paragraph c, as
enacted by 2018 Iowa Acts, Senate File 449, section 1, is
amended to read as follows:
c. The landowner owns the property on both sides of the
street or highway and owns property on both sides of any access
to the street or highway.
Sec. 48. 2018 Iowa Acts, Senate File 449, is amended by
adding the following new section:
NEW SECTION. SEC. 4. INSTALLATION OF CATTLE GUARD ====
SUBSEQUENT COUNTY ACTION. Any cattle guard installed pursuant
to this Act on or before April 25, 2018, that meets the
requirements of this Act at the time of installation shall not
be ordered uninstalled or found to be noncompliant with this
Act as a result of any action taken after April 25, 2018, by
the county with jurisdiction over the street or highway on
which the cattle guard is installed to alter the area service
classification of the street or highway or to otherwise alter
the street or highway in such a way that the installation of
the cattle guard no longer complies with this Act.
Sec. 49. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 50. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to April 17, 2018.
DIVISION VIII
DRAMSHOP
Sec. 51. Section 123.92, subsection 1, paragraph a, Code
2018, as amended by 2018 Iowa Acts, Senate File 2169, section
1, is amended to read as follows:
a. Any Subject to the limitation amount specified in
paragraph "c", if applicable, any third party who is not the
intoxicated person who caused the injury at issue and who
is injured in person or property or means of support by an
intoxicated person or resulting from the intoxication of a
person, has a right of action for damages actually sustained,
severally or jointly, up to the amount specified in paragraph
"c", against any licensee or permittee, whether or not the
license or permit was issued by the division or by the
licensing authority of any other state, who sold and served any
beer, wine, or intoxicating liquor directly to the intoxicated
person, provided that the person was visibly intoxicated at the
time of the sale or service.
Sec. 52. NEW SECTION. 505.33 Dramshop liability insurance
evaluation.
The division shall biennially conduct an evaluation
concerning minimum coverage requirements of dramshop liability
insurance. In conducting the evaluation, the division
shall include a comparison of other states' minimum dramshop
liability insurance coverage and any other relevant issues
the division identifies. By January 31, 2019, and every two
years thereafter, the division shall submit a report, including
any findings and recommendations, to the general assembly as
provided in chapter 7A.
Sec. 53. REPEAL. 2018 Iowa Acts, Senate File 2169, section
2, is repealed.
DIVISION IX
ALCOHOL
Sec. 54. Section 123.30, subsection 3, paragraphs a and
b, Code 2018, as amended by 2018 Iowa Acts, Senate File 2310,
section 12, are amended to read as follows:
a. Class "A". A class "A" liquor control license may be
issued to a club and shall authorize the holder to purchase
alcoholic liquors in original unopened containers from class
"E" liquor control licensees only, wine from class "A" wine
permittees or class "B" wine permittees who also hold class "E"
liquor control licenses only as provided in section 123.173
and section 123.177, and to sell alcoholic beverages to bona
fide members and their guests by the individual drink for
consumption on the premises only.
b. Class "B". A class "B" liquor control license may be
issued to a hotel or motel and shall authorize the holder to
purchase alcoholic liquors in original unopened containers from
class "E" liquor control licensees only, wine from class "A"
wine permittees or class "B" wine permittees who also hold
class "E" liquor control licenses only as provided in section
123.173 and section 123.177, and to sell alcoholic beverages to
patrons by the individual drink for consumption on the premises
only. However, beer may also be sold for consumption off the
premises. Each license shall be effective throughout the
premises described in the application.
Sec. 55. Section 123.30, subsection 3, paragraph c,
subparagraph (1), Code 2018, as amended by 2018 Iowa Acts,
Senate File 2310, section 12, is amended to read as follows:
(1) A class "C" liquor control license may be issued to
a commercial establishment but must be issued in the name of
the individuals who actually own the entire business and shall
authorize the holder to purchase alcoholic liquors in original
unopened containers from class "E" liquor control licensees
only, wine from class "A" wine permittees or class "B" wine
permittees who also hold class "E" liquor control licenses only
as provided in section 123.173 and section 123.177, and to sell
alcoholic beverages to patrons by the individual drink for
consumption on the premises only. However, beer may also be
sold for consumption off the premises. The holder of a class
"C" liquor control license may also hold a special class "A"
beer permit for the premises licensed under a class "C" liquor
control license for the purpose of operating a brewpub pursuant
to this chapter.
Sec. 56. Section 123.30, subsection 3, paragraph c,
subparagraph (3), Code 2018, is amended to read as follows:
(3) A class "C" native distilled spirits liquor control
license may be issued to a native distillery but shall be
issued in the name of the individuals who actually own the
business and shall only be issued to a native distillery
which, combining all production facilities of the business,
produces and manufactures not more than one hundred thousand
proof gallons of distilled spirits on an annual basis. The
license shall authorize the holder to sell native distilled
spirits manufactured on the premises of the native distillery
to patrons by the individual drink for consumption on the
premises. All native distilled spirits sold by a native
distillery for on=premises consumption shall be purchased
from a class "E" liquor control licensee in original unopened
containers.
Sec. 57. Section 123.30, subsection 3, paragraph d,
subparagraph (2), Code 2018, as amended by 2018 Iowa Acts,
Senate File 2310, section 12, is amended to read as follows:
(2) A class "D" liquor control licensee who operates a
train or a watercraft intrastate only, or an excursion gambling
boat licensed under chapter 99F, shall purchase alcoholic
liquor in original unopened containers from a class "E" liquor
control licensee only, wine from a class "A" wine permittee or
a class "B" wine permittee who also holds a class "E" liquor
control license only as provided in section 123.173 and section
123.177, and beer from a class "A" beer permittee only.
Sec. 58. Section 123.30, subsection 3, paragraph e, Code
2018, as amended by 2018 Iowa Acts, Senate File 2310, section
12, is amended to read as follows:
e. Class "E".
(1) A class "E" liquor control license may be issued and
shall authorize the holder to purchase alcoholic liquor in
original unopened containers from the division only and high
alcoholic content beer from a class "A" beer permittee only and
to sell the alcoholic liquor in original unopened containers
and high alcoholic content beer at retail to patrons for
consumption off the licensed premises and at wholesale to other
liquor control licensees, provided the holder has filed with
the division a basic permit issued by the alcohol and tobacco
tax and trade bureau of the United States department of the
treasury. A holder of a class "E" liquor control license
may hold other retail liquor control licenses or retail wine
or beer permits, but the premises licensed under a class "E"
liquor control license shall be separate from other licensed
premises, though the separate premises may have a common
entrance. However, the holder of a class "E" liquor control
license may also hold a class "B" wine or class "C" beer permit
or both for the premises licensed under a class "E" liquor
control license.
(2) The division may issue a class "E" liquor control
license for premises covered by a liquor control license or
wine or beer permit for on=premises consumption, if under any
of the following circumstances:
(a) If the premises are in a county having a population
under nine thousand five hundred in which no other class "E"
liquor control license has been issued by the division, and no
other application for a class "E" liquor control license has
been made within the previous twelve consecutive months.
(b) If, notwithstanding any provision of this chapter to the
contrary, the premises covered by a liquor control license is a
grocery store that is at least five thousand square feet.
Sec. 59. Section 123.30, subsection 4, Code 2018, is amended
to read as follows:
4. Notwithstanding any provision of this chapter to the
contrary, a person holding a liquor control license to sell
alcoholic beverages for consumption on the licensed premises
may permit a customer to remove one unsealed bottle of wine
for consumption off the premises if the customer has purchased
and consumed a portion of the bottle of wine on the licensed
premises. The licensee or the licensee's agent shall securely
reseal such bottle in a bag designed so that it is visibly
apparent that the resealed bottle of wine has not been tampered
with and provide a dated receipt for the resealed bottle of
wine to the customer. A wine bottle resealed pursuant to the
requirements of this subsection is subject to the requirements
of sections 321.284 and 321.284A. A person holding a liquor
control license to sell alcoholic beverages for consumption on
the licensed premises may permit a customer to carry an open
container of wine from their licensed premises into another
immediately adjacent licensed premises, temporary closed public
right=of=way, or private property.
Sec. 60. Section 123.30, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. Notwithstanding any provision of this
chapter to the contrary, a person holding a liquor control
license to sell alcoholic beverages for consumption on the
licensed premises may permit a customer to carry an open
container of alcoholic liquor from their licensed premises
to another immediately adjacent licensed premises, temporary
closed public right=of=way, or private property.
Sec. 61. Section 123.131, subsection 2, unnumbered
paragraph 1, Code 2018, is amended to read as follows:
Subject to the rules of the division, sales of beer for
consumption off the premises made pursuant to this section
may be made in a container other than the original container
only if the container is carried into an immediately adjacent
licensed or permitted premises, temporary closed public
right=of=way, or private property, or if all of the following
requirements are met:
DIVISION X
SEXUALLY VIOLENT PREDATORS
Sec. 62. Section 229A.8, subsection 5, paragraph e,
subparagraph (2), Code 2018, is amended to read as follows:
(2) (a) If the committed person shows by a preponderance
of the evidence that a final hearing should be held on either
determination under subparagraph (1), subparagraph division (a)
or (b), or both, the court shall set a final hearing within
sixty days of the determination that a final hearing be held.
(b) The committed person may waive the sixty=day final
hearing requirement under subparagraph subdivision (a);
however, the committed person or the attorney for the committed
person may reassert a demand that the final hearing be held
within sixty days from the date of filing the demand with the
clerk of court.
(c) The final hearing may be continued upon request of
either party and a showing of good cause, or by the court
on its own motion in the due administration of justice, and
if the committed person is not substantially prejudiced. In
determining what constitutes good cause, the court shall
consider the length of the pretrial detention of the committed
person.
Sec. 63. Section 229A.15, Code 2018, is amended to read as
follows:
229A.15 Court records ==== sealed and opened by court order.
1. Any Except as otherwise provided in this section, any
psychological reports, drug and alcohol reports, treatment
records, reports of any diagnostic center, medical records, or
victim impact statements which have been submitted to the court
or admitted into evidence under this chapter shall be part of
the record but shall be sealed and opened only on order of the
court.
2. The documents described in subsection 1 shall be
available to the prosecuting attorney or attorney general, the
committed person, and the attorney for the committed person
without an order of the court.
DIVISION XI
EARNED TIME
Sec. 64. Section 903A.2, subsection 1, paragraph a,
subparagraph (2), Code 2018, is amended to read as follows:
(2) However, an inmate required to participate in a sex
offender treatment program shall not be eligible for a any
reduction of sentence unless until the inmate participates in
and completes a sex offender treatment program established by
the director.
Sec. 65. Section 903A.2, subsection 1, paragraph b,
subparagraph (2), Code 2018, is amended to read as follows:
(2) An inmate required to participate in a domestic abuse
treatment program shall not be eligible for a any reduction of
sentence unless until the inmate participates in and completes
a domestic abuse treatment program established by the director.
Sec. 66. Section 903A.3, subsection 1, Code 2018, is amended
to read as follows:
1. Upon finding that an inmate has violated an institutional
rule, has failed to complete a sex offender or domestic abuse
treatment program as specified in section 903A.2, or has
had an action or appeal dismissed under section 610A.2, the
independent administrative law judge may order forfeiture of
any or all earned time accrued and not forfeited up to the
date of the violation by the inmate and may order forfeiture
of any or all earned time accrued and not forfeited up to
the date the action or appeal is dismissed, unless the court
entered such an order under section 610A.3. The independent
administrative law judge has discretion within the guidelines
established pursuant to section 903A.4, to determine the amount
of time that should be forfeited based upon the severity of the
violation. Prior violations by the inmate may be considered by
the administrative law judge in the decision.
DIVISION XII
MULTIPLE EMPLOYER WELFARE ARRANGEMENTS
Sec. 67. Section 507A.4, subsection 9, paragraph c,
unnumbered paragraph 1, Code 2018, is amended to read as
follows:
A multiple employer welfare arrangement that is recognized
as tax=exempt under Internal Revenue Code section 501(c)(9)
that meets all of the conditions of paragraph "a" shall not be
considered any of the following:
Sec. 68. Section 513D.1, as enacted by 2018 Iowa Acts,
Senate File 2349, section 5, is amended to read as follows:
513D.1 Association health plans.
The commissioner shall adopt rules that allow for the
creation of association health plans that are consistent with
the United States department of labor's regulations in 29
C.F.R. pt. 2510. A multiple employer welfare arrangement that
is recognized as tax=exempt under Internal Revenue Code section
501(c)(9) and that is registered with the commissioner prior
to January 1, 2018, shall not be considered an association
health plan unless the multiple employer welfare arrangement
affirmatively elects to be treated as an association health
plan.
Sec. 69. REPEAL. 2018 Iowa Acts, Senate File 2349, section
7, is repealed.
DIVISION XIII
SELF=PROMOTION ==== PUBLIC FUNDS
Sec. 70. NEW SECTION. 68A.405A Self=promotion with taxpayer
funds prohibited.
1. a. Except as provided in sections 29C.3 and 29C.6, a
statewide elected official or member of the general assembly
shall not permit the expenditure of public moneys under the
control of the statewide elected official or member of the
general assembly, including but not limited to moneys held in a
private trust fund as defined by section 8.2, for the purpose
of any paid advertisement or promotion bearing the written
name, likeness, or voice of the statewide elected official or
member of the general assembly distributed through any of the
following means:
(1) A paid direct mass mailing.
(2) A paid radio advertisement or promotion.
(3) A paid newspaper advertisement or promotion.
(4) A paid television advertisement or promotion.
(5) A paid internet advertisement or promotion.
(6) A paid exhibit display at the Iowa state fair or a
fairground or grounds as defined in section 174.1.
b. Except as otherwise provided by law, paragraph "a"
shall not apply to bona fide ministerial or ceremonial records
or ordinary, common, and frequent constituent correspondence
containing the name of the statewide elected official or member
of the general assembly.
2. A person who willfully violates this section shall be
subject to a civil penalty of an amount up to the amount of
moneys withdrawn from a public account or private trust fund
as defined in section 8.2 used to fund the communication found
to be in violation of this section by the board or, for members
of the general assembly, by an appropriate legislative ethics
committee. A penalty imposed pursuant to this section shall
be paid by the candidate's committee. Such penalty shall be
determined and assessed by the board or, for a member of the
general assembly, the appropriate legislative ethics committee,
and paid into the account from which such moneys were
withdrawn. Additional criminal or civil penalties available
under section 68A.701 or established by the board pursuant to
section 68B.32A may also be determined and assessed by the
board for violations of this section. Nothing in this section
shall prevent the imposition of any penalty or sanction for a
violation of this section by a legislative ethics committee.
DIVISION XIV
LEASE=PURCHASE CONTRACTS
Sec. 71. 2018 Iowa Acts, House File 2253, section 13, is
amended to read as follows:
SEC. 13. APPLICABILITY. This Act applies to lease=purchase
contracts entered into on or after the effective date of this
Act. This Act does not apply to any lease=purchase contract
that results from a request for proposals or request for
qualifications issued by a city with a population of less
than 21,000 according to the 2016 special census prior to the
effective date of this Act.
Sec. 72. RETROACTIVE APPLICABILITY. The following applies
retroactively to April 4, 2018:
The section of this division of this Act amending 2018 Iowa
Acts, House File 2253, section 13.
DIVISION XV
CONSTRUCTION VEHICLES
Sec. 73. Section 321.463, subsection 9, Code 2018, is
amended to read as follows:
9. A vehicle or combination of vehicles transporting
materials or equipment on nonprimary highways to or from a
construction project or commercial plant site may operate
under the maximum gross weight table for primary highways in
subsection 6, paragraph "a", if the route is approved by the
appropriate local authority. Route approval is not required if
the vehicle or combination of vehicles transporting materials
or equipment to or from a construction project or commercial
plant site complies with or the maximum gross weight table for
noninterstate highways in subsection 6, paragraph "c". When
crossing a bridge, such a vehicle or combination of vehicles
shall comply with any weight restriction imposed for the
bridge pursuant to section 321.471 or 321.474, provided signs
that conform to the manual of uniform traffic=control devices
adopted by the department that give notice of the restriction
are posted as required under section 321.472 or 321.474, as
applicable.
DIVISION XVI
LOCAL ORDINANCES
Sec. 74. Section 331.301, subsection 6, paragraph c,
subparagraph (1), unnumbered paragraph 1, Code 2018, is amended
to read as follows:
A county shall not adopt an ordinance, motion, resolution,
or amendment that sets standards or requirements regarding the
sale or marketing of consumer merchandise that are different
from, or in addition to, any requirement established by state
law. For purposes of this paragraph:
Sec. 75. Section 364.3, subsection 3, paragraph c,
subparagraph (1), unnumbered paragraph 1, Code 2018, is amended
to read as follows:
A city shall not adopt an ordinance, motion, resolution, or
amendment that sets standards or requirements regarding the
sale or marketing of consumer merchandise that are different
from, or in addition to, any requirement established by state
law. For purposes of this paragraph:
DIVISION XVII
HEALTH CARE COVERAGE ==== SURVIVING SPOUSE AND CHILDREN
Sec. 76. NEW SECTION. 509A.13C Health care coverage for
surviving spouse and children of fire fighters and peace officers
killed in the line of duty.
1. For the purposes of this section, "eligible peace officer
or fire fighter" means a peace officer as defined in section
801.4, or a fire fighter, to which a line of duty death benefit
is payable pursuant to section 97A.6, subsection 16, section
97B.52, subsection 2, or section 411.6, subsection 15.
2. a. If a governing body, a county board of supervisors,
or a city council has procured accident or health care coverage
for its employees under this chapter, such coverage shall
permit continuation of existing coverage or reenrollment in
previously existing coverage for the surviving spouse and each
surviving child of an eligible peace officer or fire fighter.
b. A governing body, a county board of supervisors, or
a city council shall also permit continuation of existing
coverage for the surviving spouse and each surviving child
of a peace officer as defined in section 801.4, or a fire
fighter who dies and to which a line of duty death benefit is
reasonably expected to be payable pursuant to section 97A.6,
subsection 16, section 97B.52, subsection 2, or section 411.6,
subsection 15, until such time as the determination of whether
to provide a line of duty death benefit is made.
3. A governing body, a county board of supervisors, or
a city council providing accident or health care coverage
under this section shall not be required to pay for the cost
of the coverage. However, a governing body, a county board
of supervisors, or a city council may pay the full cost or a
portion of the cost of the coverage. If the full cost of the
coverage is not paid, a surviving spouse and each surviving
child eligible for coverage under this section may elect to
continue accident or health care coverage by paying that
portion of the cost of the coverage not paid by the governing
body, county board of supervisors, or city council.
4. A governing body, a county board of supervisors, or a
city council shall notify the provider of accident or health
care coverage for its employees of a surviving spouse and
each surviving child to be provided coverage pursuant to the
requirements of this section.
5. This section shall not require continuation of coverage
if the surviving spouse or surviving child who would otherwise
be entitled to continuation of coverage under this section was,
through the surviving spouse's or surviving child's actions, a
substantial contributing factor to the death of the eligible
peace officer or fire fighter.
Sec. 77. APPLICABILITY ==== HEALTH CARE COVERAGE FOR PRIOR
DEATHS. The surviving spouse and each surviving child of a
peace officer as defined in section 801.4, or a fire fighter
who died on or after January 1, 1985, but before July 1, 2000,
to which the requirements for providing a line of duty death
pursuant to section 97A.6, subsection 16, section 97B.52,
subsection 2, or section 411.6, subsection 15, would otherwise
have been established, and the surviving spouse and each
surviving child of an eligible peace officer or fire fighter
as defined in section 509A.13C, as enacted in this Act, may
be entitled to coverage as provided in section 509A.13C upon
written notification of the applicable governing body, county
board of supervisors, or city council. Coverage provided under
section 509A.13C pursuant to this section shall be for claims
for services incurred on or after the date of reenrollment.
Sec. 78. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 79. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to a death occurring on or after
January 1, 1985.
DIVISION XVIII
SCHOLARSHIPS FOR SURVIVING CHILDREN OF CERTAIN PERSONS KILLED
IN THE LINE OF DUTY
Sec. 80. Section 261.87, subsection 1, Code 2018, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0d. "Eligible surviving=child student" means
a qualified student who is under the age of twenty=six, or
under the age of thirty if the student is a veteran who is
eligible for benefits, or has exhausted the benefits, under the
federal Post=9/11 Veterans Educational Assistance Act of 2008;
who is not a convicted felon as defined in section 910.15; and
who meets any of the following criteria:
(1) Is the child of a peace officer, as defined in section
97A.1, who was killed in the line of duty as determined by
the board of trustees of the Iowa department of public safety
peace officers' retirement, accident, and disability system in
accordance with section 97A.6, subsection 16.
(2) Is the child of a police officer or a fire fighter, as
each is defined in section 411.1, who was killed in the line of
duty as determined by the statewide fire and police retirement
system in accordance with section 411.6, subsection 15.
(3) Is the child of a sheriff or deputy sheriff as each is
defined in section 97B.49C, who was killed in the line of duty
as determined by the Iowa public employees' retirement system
in accordance with section 97B.52, subsection 2.
(4) Is the child of a fire fighter or police officer
included under section 97B.49B, who was killed in the line of
duty as determined by the Iowa public employees' retirement
system in accordance with section 97B.52, subsection 2.
Sec. 81. Section 261.87, subsection 3, Code 2018, is amended
to read as follows:
3. Priority for scholarship awards. Priority for
scholarships under this section shall be given to eligible
foster care students, then to eligible surviving=child
students, who meet the eligibility criteria under subsection
2. Following distribution to students who meet the eligibility
criteria under subsection 2, the commission may establish
priority for awarding scholarships using any moneys that remain
in the all Iowa opportunity scholarship fund.
DIVISION XIX
CREDIT UNIONS
Sec. 82. Section 533.212, Code 2018, is amended by adding
the following new subsection:
NEW SUBSECTION. 4. A credit union organized in accordance
with this chapter shall not include the name of any public
university located in the state in its name. For purposes of
this subsection, "public university located in the state" shall
mean the state university of Iowa, the Iowa state university of
science and technology, and the university of northern Iowa.
Sec. 83. Section 533.329, subsection 2, paragraph b, Code
2018, is amended to read as follows:
b. The amount collected in each taxing district within
a city The moneys and credits tax shall be collected by the
department of revenue and shall be apportioned twenty percent
to the county, thirty percent to the city general fund, and
fifty percent to the general fund of the state, and the amount
collected in each taxing district outside of cities shall be
apportioned fifty percent to the county and fifty percent to
the general fund of the state.
Sec. 84. Section 533.329, subsection 2, paragraph c, Code
2018, is amended by striking the paragraph.
Sec. 85. Section 533.329, Code 2018, is amended by adding
the following new subsection:
NEW SUBSECTION. 3. The department of revenue shall
administer and enforce the provisions of this section.
Sec. 86. EFFECTIVE DATE. The following takes effect April
30, 2019:
The section of this division of this Act amending section
533.212.
DIVISION XX
MILITARY INSTALLATION ==== SCHOOL ENROLLMENT
Sec. 87. Section 257.6, subsection 1, paragraph a, Code
2018, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (8) Pupils who are enrolled in public
schools within the district under section 282.1, subsection
3, in grades kindergarten through twelve and including
prekindergarten pupils enrolled in special education programs.
Sec. 88. Section 282.1, subsection 2, Code 2018, is amended
to read as follows:
2. For purposes of this section, "resident" means a child
who is meets either of the following requirements:
a. Is physically present in a district, whose residence has
not been established in another district by operation of law,
and who meets any of the following conditions:
a. (1) Is in the district for the purpose of making a home
and not solely for school purposes.
b. (2) Meets the definitional requirements of the term
"homeless individual" under 42 U.S.C. {11302(a) and (c).
c. (3) Lives in a juvenile detention center or residential
facility in the district.
b. Is domiciled with the child's parent or guardian who is
on active duty in the military service of the United States and
is stationed at and resides or is domiciled within a federal
military installation located contiguous to a county in this
state.
Sec. 89. Section 282.1, Code 2018, is amended by adding the
following new subsections:
NEW SUBSECTION. 3. The parent or guardian of a child
who meets the requirements of subsection 2, paragraph "b",
paragraph may enroll the child in a school district in a county
in this state that is located contiguous to the out=of=state
federal military installation. Notwithstanding section 285.1
relating to transportation of resident pupils, the parent or
guardian is responsible for transporting the child without
reimbursement to and from a point on a regular school bus route
of the district of enrollment.
NEW SUBSECTION. 4. Notwithstanding section 282.6, if a
parent or guardian enrolls a child in a school district in
accordance with subsection 3, the school district shall be free
of tuition for such child.
DIVISION XXI
CRIMINALISTICS LABORATORY FUND
Sec. 90. Section 691.9, Code 2018, is amended to read as
follows:
691.9 Criminalistics laboratory fund.
A criminalistics laboratory fund is created as a separate
fund in the state treasury under the control of the department
of public safety. The fund shall consist of appropriations
made to the fund and transfers of interest, and earnings. All
moneys in the fund are appropriated to the department of public
safety for use by the department in criminalistics laboratory
equipment and supply purchasing, maintenance, depreciation, and
training. Any balance in the fund on June 30 of any fiscal
year shall not revert to any other fund of the state but shall
remain available for the purposes described in this section.
DIVISION XXII
IOWA ENERGY CENTER
Sec. 91. Section 476.10A, subsection 1, paragraph c,
subparagraph (1), Code 2018, is amended to read as follows:
(1) Eighty=five Of eighty=five percent of the remittances
collected pursuant to this section is, the following shall
occur:
(a) For the fiscal year beginning July 1, 2018, such
remittances are appropriated to the Iowa energy center created
in section 15.120.
(b) For the fiscal year beginning July 1, 2019, the first
one million two hundred eighty=thousand dollars of such
remittances shall be transferred to the general fund of the
state, and the remaining amount is appropriated to the Iowa
energy center created in section 15.120.
(c) For the fiscal year beginning July 1, 2020, the
first two million nine hundred ten thousand dollars of such
remittances shall be transferred to the general fund of the
state, and the remaining amount is appropriated to the Iowa
energy center created in section 15.120.
(d) For the fiscal year beginning July 1, 2021, the first
three million five hundred thirty thousand dollars of such
remittances shall be transferred to the general fund of the
state, and the remaining amount is appropriated to the Iowa
energy center created in section 15.120.
DIVISION XXIII
TRIBAL IDENTIFICATION CARD
Sec. 92. Section 48A.7A, subsection 1, paragraph b,
subparagraph (1), Code 2018, is amended by adding the following
new subparagraph division:
NEW SUBPARAGRAPH DIVISION. (f) A tribal identification
card or other tribal enrollment document issued by a federally
recognized Indian tribe or nation, if the tribal identification
card or other tribal enrollment document is signed before the
card or document is presented to the election official.
Sec. 93. Section 49.78, subsection 2, paragraph a, Code
2018, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (5) A current, valid tribal
identification card or other tribal enrollment document
issued by a federally recognized Indian tribe or nation, which
includes a photograph, signature, and valid expiration date.
DIVISION XXIV
WIND ENERGY CONVERSION PROPERTY
Sec. 94. Section 441.21, subsection 5, Code 2018, is amended
by adding the following new paragraph:
NEW PARAGRAPH. d. For valuations established for the
assessment year beginning January 1, 2019, and each assessment
year thereafter, the percentages of actual value at which
property is assessed, as determined under this subsection,
shall not be applied to the value of wind energy conversion
property valued under section 427B.26 the construction of which
is approved by the Iowa utilities board on or after July 1,
2018.
DIVISION XXV
REVOCATION OF DRIVER'S LICENSE FOR DRUG=RELATED CONVICTIONS
Sec. 95. Section 124.412, Code 2018, is amended to read as
follows:
124.412 Notice of conviction.
If a person enters a plea of guilty to, or forfeits bail
or collateral deposited to secure the person's appearance in
court, and such forfeiture is not vacated, or if a person
is found guilty upon an indictment or information alleging a
violation of this chapter, a copy of the minutes attached to
the indictment returned by the grand jury, or to the county
attorney's information, a copy of the judgment and sentence,
and a copy of the opinion of the judge if one is filed, shall
be sent by the clerk of the district court or the judge to
the state department of transportation and to any state board
or officer by whom the convicted person has been licensed or
registered to practice the person's profession or carry on
the person's business. On the conviction of a person, the
court may suspend or revoke the license or registration of the
convicted defendant to practice the defendant's profession
or carry on the defendant's business. On the application of
a person whose license or registration has been suspended or
revoked, and upon proper showing and for good cause, the board
or officer may reinstate the license or registration.
Sec. 96. Section 321.212, subsection 1, paragraph d, Code
2018, is amended by striking the paragraph.
Sec. 97. Section 321.215, subsection 1, paragraph b, Code
2018, is amended to read as follows:
b. However, a temporary restricted license shall not be
issued to a person whose license is revoked pursuant to a court
order issued under section 901.5, subsection 10, or under
section 321.209, subsections 1 through 5 or subsection 7; to a
juvenile whose license has been suspended or revoked pursuant
to a dispositional order under section 232.52, subsection
2, paragraph "a", for a violation of chapter 124 or 453B or
section 126.3; to a juvenile whose license has been suspended
under section 321.213B; or to a person whose license has been
suspended pursuant to a court order under section 714.7D. A
temporary restricted license may be issued to a person whose
license is revoked under section 321.209, subsection 6, only
if the person has no previous drag racing convictions. A
person holding a temporary restricted license issued by the
department under this section shall not operate a motor vehicle
for pleasure.
Sec. 98. Section 321.215, subsection 2, unnumbered
paragraph 1, Code 2018, is amended to read as follows:
Upon conviction and the suspension or revocation of a
person's noncommercial driver's license under section 321.209,
subsection 5 or 6, or section 321.210, 321.210A, or 321.513;
or upon revocation pursuant to a court order issued under
section 901.5, subsection 10; or upon the denial of issuance
of a noncommercial driver's license under section 321.560,
based solely on offenses enumerated in section 321.555,
subsection 1, paragraph "c", or section 321.555, subsection
2; or upon suspension or revocation of a juvenile's driver's
license pursuant to a dispositional order under section 232.52,
subsection 2, paragraph "a", for a violation of chapter 124
or 453B, or section 126.3; or upon suspension of a driver's
license pursuant to a court order under section 714.7D, the
person may apply to the department for a temporary restricted
license to operate a motor vehicle for the limited purpose or
purposes specified in subsection 1. The application may be
granted only if all of the following criteria are satisfied:
Sec. 99. Section 321.215, subsection 2, paragraph c, Code
2018, is amended to read as follows:
c. Proof of financial responsibility is established as
defined in chapter 321A. However, such proof is not required
if the driver's license was suspended under section 321.210A
or 321.513 or revoked pursuant to a court order issued under
section 901.5, subsection 10.
Sec. 100. Section 321.218, subsection 1, Code 2018, is
amended to read as follows:
1. A person whose driver's license or operating privilege
has been denied, canceled, suspended, or revoked as provided
in this chapter or as provided in section 252J.8 or section
901.5, subsection 10, and who operates a motor vehicle upon
the highways of this state while the license or privilege
is denied, canceled, suspended, or revoked, commits a
simple misdemeanor. In addition to any other penalties, the
punishment imposed for a violation of this subsection shall
include assessment of a fine of not less than two hundred fifty
dollars nor more than one thousand five hundred dollars.
Sec. 101. Section 321A.17, subsection 4, Code 2018, is
amended to read as follows:
4. An individual applying for a driver's license following a
period of suspension or revocation pursuant to a dispositional
order issued under section 232.52, subsection 2, paragraph
"a", or under section 321.180B, section 321.210, subsection
1, paragraph "a", subparagraph (4), or section 321.210A,
321.213A, 321.213B, 321.216B, or 321.513, following a period
of suspension or revocation under section 321.178 or 321.194,
or following a period of revocation pursuant to a court order
issued under section 901.5, subsection 10, or under section
321J.2A, is not required to maintain proof of financial
responsibility under this section.
Sec. 102. Section 901.5, subsection 10, Code 2018, is
amended by striking the subsection.
Sec. 103. REINSTATEMENT OF DRIVER'S LICENSE. A defendant's
driver's license suspended or revoked pursuant to section
901.5, subsection 10, prior to the effective date of this
division of this Act, shall be reinstated, if the defendant is
otherwise eligible for a driver's license.
Sec. 104. CONTINGENT EFFECTIVE DATE. This division of this
Act takes effect on the date the governor submits to the United
States secretary of transportation a written certification
that the governor is opposed to the enforcement in this state
of a law described in 23 U.S.C. {159(a)(3)(A) and a written
certification that the general assembly has adopted a joint
resolution expressing its opposition to the same, in accordance
with 23 U.S.C. {159(a)(3)(B). The office of the governor shall
notify the Code editor upon submission of the certifications
described in this section.
LINDA UPMEYER
Speaker of the House
CHARLES SCHNEIDER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2502, Eighty=seventh General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2018
KIM REYNOLDS
Governor
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