Bill Text: IA HF786 | 2019-2020 | 88th General Assembly | Introduced


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 including effective date, applicability, and retroactive applicability provisions. (Formerly HSB 259.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-27 - Withdrawn. H.J. 1068. [HF786 Detail]

Download: Iowa-2019-HF786-Introduced.html
House File 786 - Introduced HOUSE FILE 786 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 259) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for legal and regulatory 2 responsibilities, providing for other properly related 3 matters, and including effective date, applicability, and 4 retroactive applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2830HV (1) 88 ns/tm
H.F. 786 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 3 2019-2020. Notwithstanding the standing appropriation in the 4 following designated section for the fiscal year beginning July 5 1, 2019, and ending June 30, 2020, the amount appropriated from 6 the general fund of the state pursuant to that section for the 7 following designated purpose shall not exceed the following 8 amount: 9 For payment of claims for nonpublic school transportation 10 under section 285.2: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091 12 If total approved claims for reimbursement for nonpublic 13 school pupil transportation exceed the amount appropriated in 14 accordance with this section, the department of education shall 15 prorate the amount of each approved claim. 16 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID —— FY 2019-2020. In 17 lieu of the appropriation provided in section 257.20, 18 subsection 2, the appropriation for the fiscal year 19 beginning July 1, 2019, and ending June 30, 2020, for paying 20 instructional support state aid under section 257.20 for such 21 fiscal year is zero. 22 Sec. 3. Section 257.35, Code 2019, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 13A. Notwithstanding subsection 1, and in 25 addition to the reduction applicable pursuant to subsection 26 2, the state aid for area education agencies and the portion 27 of the combined district cost calculated for these agencies 28 for the fiscal year beginning July 1, 2019, and ending June 29 30, 2020, shall be reduced by the department of management by 30 fifteen million dollars. The reduction for each area education 31 agency shall be prorated based on the reduction that the agency 32 received in the fiscal year beginning July 1, 2003. 33 DIVISION II 34 MISCELLANEOUS PROVISIONS 35 -1- LSB 2830HV (1) 88 ns/tm 1/ 16
H.F. 786 Sec. 4. Section 2C.18, Code 2019, is amended to read as 1 follows: 2 2C.18 Report to general assembly. 3 The ombudsman shall by April 1 December 31 of each year 4 submit an economically designed and reproduced report to the 5 general assembly and to the governor concerning the exercise of 6 the ombudsman’s functions during the preceding calendar fiscal 7 year. In discussing matters with which the ombudsman has been 8 concerned, the ombudsman shall not identify specific persons 9 if to do so would cause needless hardship. If the annual 10 report criticizes a named agency or official, it shall also 11 include unedited replies made by the agency or official to the 12 criticism, unless excused by the agency or official affected. 13 DIVISION III 14 CORRECTIVE PROVISIONS 15 Sec. 5. Section 216A.133, subsection 3, paragraph l, if 16 enacted by 2019 Iowa Acts, House File 634, section 5, is 17 amended to read as follows: 18 l. Recommending to the board department the adoption of 19 rules pursuant to chapter 17A as it deems necessary for the 20 board and division. 21 Sec. 6. Section 225C.51, subsection 1, paragraph a, if 22 enacted by 2019 Iowa Acts, House File 690, section 8, is 23 amended to read as follows: 24 a. The director of the department of human services or the 25 director’s designee. 26 Sec. 7. Section 225C.51, subsection 3, if enacted by 2019 27 Iowa Acts, House File 690, section 8, is amended to read as 28 follows: 29 3. The director of the department of human services and the 30 director of the department of education, or their designees, 31 shall serve as co-chairpersons of the state board. Board 32 members shall not be entitled to a per diem as specified in 33 section 7E.6 and shall not be entitled to actual and necessary 34 expenses incurred while engaged in their official duties. 35 -2- LSB 2830HV (1) 88 ns/tm 2/ 16
H.F. 786 Sec. 8. Section 261H.3, subsections 1 and 2, as enacted by 1 2019 Iowa Acts, Senate File 274, section 3, are amended to read 2 as follows: 3 1. Noncommercial expressive activities protected under the 4 provisions of this chapter include but are not limited to any 5 lawful oral or written means by which members of the campus 6 community may communicate ideas to one another, including 7 but not limited to all forms of peaceful assembly, protests, 8 speeches including by invited speakers, distribution of 9 literature, circulating petitions, and publishing, including 10 publishing or streaming on an internet site, or audio or video 11 recorded in outdoor areas of campus. 12 2. A member of the campus community who wishes to engage in 13 noncommercial expressive activity in outdoor areas of campus 14 shall be permitted to do so freely, subject to reasonable 15 time, place, and manner restrictions, and as long as the 16 member’s conduct is not unlawful, does not impede others’ 17 access to a facility or use of walkways, and does not disrupt 18 the functioning of the public institution of higher education, 19 subject to the protections of subsection 1. The public 20 institution of higher education may designate other areas of 21 campus available for use by the campus community according to 22 institutional policy, but in all cases access to designated 23 areas of campus must be granted on a viewpoint-neutral basis 24 within the bounds of established principles of the first 25 amendment principles to the Constitution of the United States . 26 Sec. 9. Section 322C.15, subsection 2, paragraph b, if 27 enacted by 2019 Iowa Acts, Senate File 435, section 12, is 28 amended to read as follows: 29 b. The manufacturer’s or distributor’s business operations 30 have been abandoned or caused the dealer’s business operations 31 to close for ten consecutive business days. This subparagraph 32 paragraph does not apply if the closing is due to a normal 33 seasonal closing and the manufacturer or distributor notifies 34 the dealer of the planned closing, an act of God, a strike, 35 -3- LSB 2830HV (1) 88 ns/tm 3/ 16
H.F. 786 a labor difficulty, or any other cause over which the 1 manufacturer or distributor has no control. 2 Sec. 10. Section 513D.2, subsection 2, Code 2019, as amended 3 by 2019 Iowa Acts, House File 679, section 184, if enacted, is 4 amended to read as follows: 5 2. The commissioner or of insurance may take any enforcement 6 action under the commissioner’s authority to enforce compliance 7 with this chapter . 8 Sec. 11. Section 515I.4A, subsection 1, paragraph c, as 9 enacted by 2019 Iowa Acts, Senate File 558, section 4, is 10 amended to read as follows: 11 c. The board of directors of the insurer has passed a 12 resolution seeking approval as a domestic surplus lines insurer 13 in this state and stating that the insurer shall only write 14 surplus line lines business. The resolution shall not be 15 amended without approval of the commissioner. 16 Sec. 12. Section 522E.13, subsection 6, Code 2019, as 17 amended by 2019 Iowa Acts, Senate File 559, section 6, is 18 amended to read as follows: 19 6. Whenever notice or correspondence with respect to a 20 policy of portable electronics insurance is required pursuant 21 to this section , it shall be in writing and sent within the 22 notice period required pursuant to this section . Notices 23 and correspondence shall be sent to the licensed portable 24 electronics vendor that is the policyholder at the portable 25 electronics vendor’s mailing or electronic mail address 26 specified for that purpose and to its affected enrolled 27 consumers’ last known mailing or electronic mail addresses on 28 file with the insurer or the portable electronics vendor. All 29 notices and documents that are delivered by electronic means 30 shall comply with section 505B.1, except for the provisions 31 in section 505B.1, subsection 4. The insurer or portable 32 electronics vendor shall maintain proof that the notice or 33 correspondence was sent for not less than three years after 34 that notice or correspondence was sent. 35 -4- LSB 2830HV (1) 88 ns/tm 4/ 16
H.F. 786 Sec. 13. Section 633.648, Code 2019, as amended by 2019 1 Iowa Acts, House File 610, section 34, if enacted, is amended 2 to read as follows: 3 633.648 Appointment of attorney in compromise of personal 4 injury settlements. 5 Notwithstanding the provisions of section 633.642 prior to 6 authorizing a compromise of a claim for damages on account 7 of personal injuries to the ward protected person , the court 8 may order an independent investigation by an attorney other 9 than by the attorney for the conservator. The cost of such 10 investigation, including a reasonable attorney fee, shall be 11 taxed as part of the cost of the conservatorship. 12 Sec. 14. Section 692C.1, subsection 1, paragraph a, if 13 enacted by 2019 Iowa Acts, House File 681, section 1, is 14 amended to read as follows: 15 a. “Covered individual” means an individual who has, seeks 16 to have, or may have access to children, the elderly, or 17 individuals with disabilities served by a qualified entity and 18 who is employed by , volunteers with, or seeks to volunteer with 19 a qualified entity; or owns or operates or seeks to own or 20 operate, a qualified entity. 21 Sec. 15. 2019 Iowa Acts, Senate File 333, section 104, 22 subsection 6, is amended to read as follows: 23 6. Sections 15E.206, subsection 3, paragraph “a”; 24 15E.207, subsection 2, paragraph “b”, subparagraph (2), 25 subparagraph division (c); 15E.208, subsection 5, paragraph 26 “g”, subparagraphs (1) and (2); 15E.208, subsection 6, 27 paragraph “d”, subparagraph (1), subparagraph division 28 (a); 135.61, unnumbered paragraph 1; 135.61, subsection 29 1, paragraph “d”; 135.61, subsection 4; 135.62, subsection 30 1; 135.62, subsection 2, paragraph “f”, subparagraphs (2), 31 (4), and (5); 135.63, subsection 1; 135.63, subsection 2, 32 unnumbered paragraph 1; 135.63, subsection 2, paragraph “f”; 33 135.63, subsection 2, paragraph “g”, subparagraph (1); 135.63, 34 subsection 2, paragraph “h”, subparagraph (1), unnumbered 35 -5- LSB 2830HV (1) 88 ns/tm 5/ 16
H.F. 786 paragraph 1; 135.63, subsection 2, paragraph “j”; 135.63, 1 subsection 2, paragraph “k”, subparagraph (1), unnumbered 2 paragraph 1; 135.63, subsection 2, paragraph “l”, unnumbered 3 paragraph 1; 135.63, subsection 2, paragraphs “m” and “n”; 4 135.63, subsection 2, paragraph “p”, unnumbered paragraph 1; 5 135.63, subsection 3; 135.64, subsection 3; 135.72, unnumbered 6 paragraph 1; 135.73, subsection 1; 135.73, subsection 7 2, unnumbered paragraph 1; 135.73, subsection 3; 135.74, 8 subsections 1 and 3; 135.75, subsection 2; 135.76, subsection 9 1; 135.100, unnumbered paragraph 1; 135.105A, subsection 5; 10 135.108, unnumbered paragraph 1; 135.140, unnumbered paragraph 11 1; 249K.2, subsection 6; 490.120, subsection 12, paragraph “c”, 12 subparagraph (1); 490.140, subsection 29; 490.640, subsection 13 8; 490.809, subsection 2; 490.858, subsection 2; 490.1101, 14 unnumbered paragraph 1; 490.1105, subsection 3; 490.1107, 15 subsection 1, paragraph “h”; 490.1107, subsection 2; 490.1107, 16 subsection 4, paragraph “b”; 490.1108, subsection 1; 490.1114, 17 subsection 1; 490.1114, subsection 2, paragraph “g”; 490.1202, 18 subsection 7; 490.1301, unnumbered paragraph 1; 490.1320, 19 subsection 1; 490.1320, subsection 3, paragraphs “a” and “b”; 20 490.1322, subsection 2, paragraph “c”; 490.1323, subsection 21 3; 490.1331, subsection 1; 490.1340, subsection 2, paragraph 22 “a”, subparagraph (1); 490.1403, subsection 3; 490.1405, 23 subsection 2, paragraph “c”; 499.69A, subsection 6; 524.1309, 24 subsection 8; 524.1406, subsection 1; 524.1417, subsection 1; 25 and 524.1805, subsection 6, Code 2019, are amended by striking 26 the word “division” and inserting in lieu thereof the word 27 “subchapter”. 28 Sec. 16. EFFECTIVE DATE. The following, being deemed of 29 immediate importance, takes effect upon enactment: 30 The section of this division of this Act amending section 31 261H.3, subsections 1 and 2. 32 Sec. 17. EFFECTIVE DATE. The following takes effect January 33 1, 2020: 34 The section of this division of this Act amending section 35 -6- LSB 2830HV (1) 88 ns/tm 6/ 16
H.F. 786 633.648. 1 Sec. 18. RETROACTIVE APPLICABILITY. The following applies 2 retroactively to March 27, 2019: 3 The section of this division of this Act amending section 4 261H.3, subsections 1 and 2. 5 Sec. 19. APPLICABILITY. The following applies to 6 guardianships and guardianship proceedings for adults and 7 conservatorships and conservatorship proceedings for adults and 8 minors established or pending before, on, or after January 1, 9 2020: 10 The section of this division of this Act amending section 11 633.648. 12 DIVISION IV 13 FLOOD RECOVERY 14 Sec. 20. NEW SECTION . 418.16 Flood recovery fund. 15 1. A flood recovery fund is established in the state 16 treasury under the control of the board. The fund shall 17 consist of moneys appropriated to the fund by the general 18 assembly and any other moneys available to, obtained by, or 19 accepted by the board for deposit in the fund. Moneys in the 20 fund are appropriated to the department and shall be used for 21 the purposes designated in this section. Moneys in the fund 22 shall not supplant any federal disaster recovery moneys. 23 2. The board may award moneys from the fund to eligible 24 political subdivisions of the state. A political subdivision 25 of the state is eligible to receive moneys from the fund if 26 the political subdivision is located in a county designated 27 under presidential disaster declaration DR-4421-IA and is also 28 located in a county where the federal emergency management 29 agency’s individual assistance program has been activated. 30 3. In order to be awarded moneys from the fund, a political 31 subdivision of the state shall submit a project application 32 to the department for consideration by the board. The board 33 shall prescribe application forms and application instructions. 34 Project applications shall include all of the following: 35 -7- LSB 2830HV (1) 88 ns/tm 7/ 16
H.F. 786 a. A description of the project and the manner in which 1 the project supports flood response, flood recovery, or flood 2 mitigation activities. 3 b. A description of the financial assistance needed from the 4 fund. 5 c. Details on any additional moneys to be applied to the 6 project. 7 4. a. The board shall review all project applications. 8 During the review of a project application, the board shall 9 consider, at a minimum, all of the following: 10 (1) Whether the project supports flood response, flood 11 recovery, or flood mitigation activities. 12 (2) Whether moneys from the fund are essential to meet 13 the necessary expenses or serious needs of the political 14 subdivision related to flood response, flood recovery, or flood 15 mitigation. 16 b. Upon review of a project application, the board shall 17 approve, defer, or deny the application. If a project 18 application is approved, the board shall specify the amount of 19 moneys from the fund awarded to the political subdivision. The 20 board shall negotiate and execute on behalf of the department 21 all necessary agreements to provide the moneys. If a project 22 application is deferred or denied, the board shall state the 23 reasons for such deferral or denial. 24 5. Notwithstanding section 8.33, moneys in the fund 25 that remain unencumbered or unobligated at the close of a 26 fiscal year shall not revert but shall remain available for 27 expenditure for the purposes designated in this section. 28 Notwithstanding section 12C.7, subsection 2, interest or 29 earnings on moneys deposited in the fund shall be credited to 30 the fund. 31 Sec. 21. FLOOD RECOVERY APPROPRIATION. There is 32 appropriated from the general fund of the state to the flood 33 recovery fund created in section 418.16, as enacted by this 34 Act, for the fiscal year beginning July 1, 2018, and ending 35 -8- LSB 2830HV (1) 88 ns/tm 8/ 16
H.F. 786 June 30, 2019, the following amount, or so much thereof as is 1 necessary, to be used for the purposes designated in section 2 418.16, as enacted by this Act: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,000,000 4 Sec. 22. EMERGENCY RULES. The department of homeland 5 security and emergency management may adopt emergency 6 rules under section 17A.4, subsection 3, and section 17A.5, 7 subsection 2, paragraph “b”, to implement the provisions of 8 this division of this Act and the rules shall be effective 9 immediately upon filing unless a later date is specified in the 10 rules. Any rules adopted in accordance with this section shall 11 also be published as a notice of intended action as provided 12 in section 17A.4. 13 Sec. 23. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 DIVISION V 16 STATE BUDGET PROCESS 17 Sec. 24. Section 8.6, Code 2019, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 16. Salary model administrator. To 20 designate a position within the department to serve as the 21 salary model administrator. 22 a. The salary model administrator shall work in conjunction 23 with the legislative services agency to maintain the state’s 24 salary model used for analyzing, comparing, and projecting 25 state employee salary and benefit information, including 26 information relating to employees of the state board of 27 regents. 28 b. The department of revenue, the department of 29 administrative services, the institutions governed by the state 30 board of regents pursuant to section 262.7, each judicial 31 district’s department of correctional services, and the state 32 department of transportation shall provide salary data to the 33 department of management and the legislative services agency 34 to operate the state’s salary model. The format and frequency 35 -9- LSB 2830HV (1) 88 ns/tm 9/ 16
H.F. 786 of provision of the salary data shall be determined by the 1 department of management and the legislative services agency. 2 c. The information shall be used in collective bargaining 3 processes under chapter 20 and in calculating the funding needs 4 contained within any annual salary adjustment legislation. 5 A state employee organization as defined in section 20.3, 6 subsection 4, may request information produced by the model, 7 but the information provided shall not contain information 8 attributable to individual employees. 9 Sec. 25. Section 8.23, subsection 1, unnumbered paragraph 10 1, Code 2019, is amended to read as follows: 11 On or before October 1, prior to each legislative session, 12 all departments and establishments of the government shall 13 transmit to the director, on blanks to be furnished by the 14 director, estimates of their expenditure requirements, 15 including every proposed expenditure, for the ensuing fiscal 16 year, classified so as to distinguish between expenditures 17 estimated for administration, operation, and maintenance, and 18 the cost of each project involving the purchase of land or the 19 making of a public improvement or capital outlay of a permanent 20 character, together with supporting data and explanations 21 as called for by the director after consultation with the 22 legislative services agency . 23 Sec. 26. Section 8.23, subsection 1, paragraph a, Code 2019, 24 is amended to read as follows: 25 a. The estimates of expenditure requirements shall be 26 based upon seventy-five percent of the funding provided for 27 the current fiscal year accounted for by program reduced by 28 the historical employee vacancy factor in a form specified by 29 the director , and the remainder of the estimate of expenditure 30 requirements shall include all proposed expenditures and shall 31 be prioritized by program or the results to be achieved . The 32 estimates shall be accompanied with by performance measures 33 for evaluating the effectiveness of the program programs or 34 results . 35 -10- LSB 2830HV (1) 88 ns/tm 10/ 16
H.F. 786 Sec. 27. Section 602.1301, subsection 2, paragraph a, 1 unnumbered paragraph 1, Code 2019, is amended to read as 2 follows: 3 As early as possible, but not later than December 1, the 4 supreme court shall submit to the legislative services agency 5 the annual budget request and detailed supporting information 6 for the judicial branch. The submission shall be designed 7 to assist the legislative services agency in its preparation 8 for legislative consideration of the budget request. The 9 information submitted shall contain and be arranged in a format 10 substantially similar to the format specified by the director 11 of the department of management and used by all departments 12 and establishments in transmitting to the director estimates 13 of their expenditure requirements pursuant to section 8.23 , 14 except the estimates of expenditure requirements shall be based 15 upon one hundred percent of funding for the current fiscal 16 year accounted for by program, and using the same line item 17 definitions of expenditures as used for the current fiscal 18 year’s budget request, and the remainder of the estimate of 19 expenditure requirements prioritized by program . The supreme 20 court shall also make use of the department of management’s 21 automated budget system when submitting information to the 22 director of the department of management to assist the director 23 in the transmittal of information as required under section 24 8.35A . The supreme court shall budget and track expenditures by 25 the following separate organization codes: 26 DIVISION VI 27 BLACKOUT SPECIAL REGISTRATION PLATES 28 Sec. 28. Section 321.34, Code 2019, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 11C. Blackout plates. 31 a. Upon application and payment of the proper fees, 32 the director may issue blackout plates to the owner of a 33 motor vehicle subject to registration under section 321.109, 34 subsection 1, autocycle, motor truck, motor home, multipurpose 35 -11- LSB 2830HV (1) 88 ns/tm 11/ 16
H.F. 786 vehicle, motorcycle, trailer, or travel trailer. 1 b. Blackout plates shall be designed by the department. A 2 blackout plate’s background shall be black, and the plate’s 3 letters and numbers shall be white. 4 c. The special blackout fee for letter-number designated 5 blackout plates is thirty-five dollars. An applicant may 6 obtain personalized blackout plates upon payment of the fee for 7 personalized plates as provided in subsection 5, which is in 8 addition to the special blackout fee. The fees collected by 9 the director under this subsection shall be paid monthly to the 10 treasurer of state and deposited in the road use tax fund. 11 d. Upon receipt of the special registration plates, the 12 applicant shall surrender the current registration plates to 13 the county treasurer. The county treasurer shall validate 14 the special registration plates in the same manner as regular 15 registration plates are validated under this section. The 16 annual special blackout fee for letter-number designated plates 17 is ten dollars which shall be paid in addition to the regular 18 annual registration fee. The annual fee for personalized 19 blackout plates is five dollars which shall be paid in addition 20 to the annual special blackout fee and the regular annual 21 registration fee. The annual special blackout fee shall be 22 credited as provided under paragraph “c” . 23 e. The department shall not condition the issuance of 24 blackout plates on the receipt of any number of orders for 25 blackout plates. 26 Sec. 29. Section 321.166, subsection 9, Code 2019, is 27 amended to read as follows: 28 9. Special registration plates issued pursuant to section 29 321.34 , other than gold star, medal of honor, collegiate, fire 30 fighter, and natural resources , and blackout registration 31 plates, shall be consistent with the design and color of 32 regular registration plates but shall provide a space on a 33 portion of the plate for the purpose of allowing the placement 34 of a distinguishing processed emblem or an organization 35 -12- LSB 2830HV (1) 88 ns/tm 12/ 16
H.F. 786 decal. Special registration plates shall also comply with 1 the requirements for regular registration plates as provided 2 in this section to the extent the requirements are consistent 3 with the section authorizing a particular special vehicle 4 registration plate. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to state and local finances by 9 making appropriations, providing for legal and regulatory 10 responsibilities, and providing for other properly related 11 matters. 12 STANDING APPROPRIATIONS AND RELATED MATTERS. The bill 13 limits standing appropriations for payment of claims for 14 nonpublic school transportation, instructional support state 15 aid, and state aid for area education agencies. 16 MISCELLANEOUS PROVISIONS. Under Code section 2C.18, the 17 ombudsman is required to submit by April 1 an economically 18 designed and reproduced report to the general assembly and 19 to the governor concerning the exercise of the ombudsman’s 20 functions during the preceding calendar year. The bill alters 21 the date by which the report must be submitted to December 31, 22 and requires the report to cover the preceding fiscal year. 23 CORRECTIVE PROVISIONS. Section 216A.133(3)(l), if enacted 24 by 2019 Iowa Acts, House File 634, section 5, is amended to 25 correct the term “board” to “department”. 26 Code section 225C.51(1)(a), if enacted by 2019 Iowa Acts, 27 House File 690, section 8, is amended to use the complete 28 terminology of a defined term in Code chapter 225C. 29 Code section 225C.51(3), if enacted by 2019 Iowa Acts, House 30 File 690, section 8, is amended to use the complete terminology 31 of a defined term in Code chapter 225C. 32 Code section 261H.3(1) and (2), as enacted by 2019 Iowa 33 Acts, Senate File 274, section 3, are amended to include an 34 erroneously omitted conjunction “or” and to correct a reference 35 -13- LSB 2830HV (1) 88 ns/tm 13/ 16
H.F. 786 to the Constitution of the United States to be consistent with 1 the reference throughout the Act. This provision takes effect 2 upon enactment and applies retroactively to March 27, 2019. 3 Code section 322C.15(2)(b), if enacted by 2019 Iowa Acts, 4 Senate File 435, section 12, is amended to identify the correct 5 Code section subunit. 6 Code section 513D.2(2), as amended by 2019 Iowa Acts, House 7 File 679, section 184, if enacted, is amended to correct a 8 reference to the “commissioner of insurance”. 9 Code section 515I.4A(1)(c), as enacted by 2019 Iowa Acts, 10 Senate File 558, section 4, is amended to correct a reference 11 to the term “surplus lines business” to be consistent with the 12 usage of the term throughout the Act. 13 Code section 522E.13(6), as amended by 2019 Iowa Acts, 14 Senate File 559, section 6, is amended to include the complete 15 cross reference citation related to notices and documents that 16 are delivered by electronic means. 17 Code section 633.648, as amended by 2019 Iowa Acts, House 18 File 610, section 34, if enacted, is amended to correct a 19 reference to the term “protected person” to be consistent with 20 the usage of the term throughout the Act. This provision 21 takes effect January 1, 2020, and applies to guardianships and 22 guardianship proceedings for adults and conservatorships and 23 conservatorship proceedings for adults and minors established 24 or pending before, on, or after January 1, 2020. 25 Code section 692C.1(1)(a), if enacted by 2019 Iowa Acts, 26 House File 681, section 1, is amended to add a comma between 27 “employed by” and “volunteers with”. 28 2019 Iowa Acts, Senate File 333, section 104, subsection 6, 29 the nonsubstantive Code editor’s bill, is amended to correctly 30 identify a codified subunit included in the Code editor 31 directives of the Act. 32 FLOOD RECOVERY. Under new Code section 418.16, the bill 33 establishes a flood recovery fund in the state treasury under 34 the control of the flood mitigation board. The board may award 35 -14- LSB 2830HV (1) 88 ns/tm 14/ 16
H.F. 786 moneys from the fund to eligible political subdivisions of 1 the state as provided in the bill. A political subdivision 2 of the state is eligible to receive moneys from the fund if 3 the political subdivision is located in a county designated 4 under presidential disaster declaration DR-4421-IA and is also 5 located in a county where the federal emergency management 6 agency’s individual assistance program has been activated. 7 The bill sets forth project application requirements and 8 the criteria the board must consider when reviewing project 9 applications. The bill makes an appropriation to the flood 10 recovery fund for FY 2018-2019, and authorizes the department 11 of homeland security and emergency management to adopt 12 emergency rules. This division of the bill takes effect upon 13 enactment. 14 STATE BUDGET PROCESS. The bill codifies provisions relating 15 to the salary model administrator that appeared annually in 16 previous standings appropriations bills, with one exception. 17 The provisions, in part, required the five institutions under 18 the jurisdiction of the state board of regents to provide 19 salary data to the department of management and the legislative 20 services agency to operate the state’s salary model. The bill 21 instead requires such action by the institutions governed by 22 the state board of regents pursuant to Code section 262.7. 23 These institutions include the state university of Iowa 24 including the university of Iowa hospitals and clinics, the 25 Iowa state university of science and technology including the 26 agricultural experiment station, the university of northern 27 Iowa, the Iowa braille and sight saving school, the state 28 school for the deaf, the Oakdale campus, and the university 29 of Iowa hospitals and clinics’ center for disabilities and 30 development. 31 The bill also codifies provisions relating to the state 32 budget process that appeared biennially and applied annually 33 in previous standings appropriations bills. The provisions 34 specify the contents of the estimates of expenditure 35 -15- LSB 2830HV (1) 88 ns/tm 15/ 16
H.F. 786 requirements required to be submitted by all departments and 1 establishments of the government, including the judicial 2 branch, each year to the director of the department of 3 management. 4 BLACKOUT SPECIAL REGISTRATION PLATES. The bill authorizes 5 the department of transportation (DOT) to issue blackout 6 special registration plates. The bill requires the plates’ 7 background to be black and the plates’ letters and numbers to 8 be white. 9 The bill provides that the special blackout fee for 10 letter-number designated blackout plates is $35. An applicant 11 may obtain personalized blackout plates upon payment of the $25 12 fee for personalized plates set forth under current law, which 13 is in addition to the special blackout fee. The bill requires 14 the fees collected by the DOT for the plates to be paid monthly 15 to the treasurer of state and deposited in the road use tax 16 fund. 17 Upon receipt of the special registration plates, the 18 applicant must surrender the current registration plates to 19 the county treasurer. The county treasurer must validate the 20 special registration plates in the same manner as regular 21 registration plates are validated. The annual special blackout 22 fee for letter-number designated plates is $10, which is in 23 addition to the regular annual registration fee. The annual 24 fee for personalized blackout plates is $5, which is in 25 addition to the annual special blackout fee and the regular 26 annual registration fee. The bill requires the annual special 27 blackout fee to be credited in the same way as the special 28 blackout fee. 29 The bill prohibits the DOT from conditioning the issuance 30 of blackout plates on the receipt of any number of orders for 31 blackout plates. 32 -16- LSB 2830HV (1) 88 ns/tm 16/ 16
feedback