Bill Text: IA SF516 | 2017-2018 | 87th General Assembly | Enrolled

Iowa Senate Bill 516 (Prior Session Legislation)

Bill Title: A bill for an act relating to state and local finances by making appropriations, providing for legal and regulatory responsibilities, concerning taxation, and providing for other properly related matters, and including effective date and retroactive applicability provisions. (Formerly SSB 1198.) Various effective dates; see bill.

Spectrum: Committee Bill

Status: (Passed) 2017-05-12 - NOBA: Graybook [SF516 Detail]

Download: Iowa-2017-SF516-Enrolled.html

Senate File 516 - Enrolled

SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS

(SUCCESSOR TO SSB
1198)
\5
A BILL FOR
\1
Senate File 516

AN ACT
RELATING TO STATE AND LOCAL FINANCES BY MAKING
APPROPRIATIONS, PROVIDING FOR LEGAL AND REGULATORY
RESPONSIBILITIES, CONCERNING TAXATION, AND PROVIDING FOR
OTHER PROPERLY RELATED MATTERS, AND INCLUDING EFFECTIVE DATE
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. BUDGET PROCESS FOR FISCAL YEAR 2018=2019.
1. For the budget process applicable to the fiscal year
beginning July 1, 2018, on or before October 1, 2017, in lieu
of the information specified in section 8.23, subsection
1, unnumbered paragraph 1, and section 8.23, subsection 1,
paragraph "a", all departments and establishments of the
government shall transmit to the director of the department
of management, on blanks to be furnished by the director,
estimates of their expenditure requirements, including every
proposed expenditure, for the ensuing fiscal year, together
with supporting data and explanations as called for by the
director of the department of management after consultation
with the legislative services agency.
2. The estimates of expenditure requirements shall be
in a form specified by the director of the department of
management, and the expenditure requirements shall include all
proposed expenditures and shall be prioritized by program or
the results to be achieved. The estimates shall be accompanied
by performance measures for evaluating the effectiveness of the
programs or results.
Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2019=2020.
1. For the budget process applicable to the fiscal year
beginning July 1, 2019, on or before October 1, 2018, in lieu
of the information specified in section 8.23, subsection
1, unnumbered paragraph 1, and section 8.23, subsection 1,
paragraph "a", all departments and establishments of the
government shall transmit to the director of the department
of management, on blanks to be furnished by the director,
estimates of their expenditure requirements, including every
proposed expenditure, for the ensuing fiscal year, together
with supporting data and explanations as called for by the
director of the department of management after consultation
with the legislative services agency.
2. The estimates of expenditure requirements shall be
in a form specified by the director of the department of
management, and the expenditure requirements shall include all
proposed expenditures and shall be prioritized by program or
the results to be achieved. The estimates shall be accompanied
by performance measures for evaluating the effectiveness of the
programs or results.
Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS ==== FY
2017=2018. Notwithstanding the standing appropriations
in the following designated sections for the fiscal year
beginning July 1, 2017, and ending June 30, 2018, the amounts
appropriated from the general fund of the state pursuant to
these sections for the following designated purposes shall not
exceed the following amounts:
1. For payment of claims for nonpublic school
transportation under section 285.2:
.................................................. $ 8,197,091
If total approved claims for reimbursement for nonpublic
school pupil transportation exceed the amount appropriated in
accordance with this subsection, the department of education
shall prorate the amount of each approved claim.
2. For distribution for the tribal council of the Sac and
Fox Indian settlement for educating American Indian children
under section 256.30:
.................................................. $ 95,750
Sec. 4. LIMITATIONS OF STANDING APPROPRIATIONS ==== FY
2018=2019. Notwithstanding the standing appropriations
in the following designated sections for the fiscal year
beginning July 1, 2018, and ending June 30, 2019, the amounts
appropriated from the general fund of the state pursuant to
these sections for the following designated purposes shall not
exceed the following amounts:
1. For payment of claims for nonpublic school
transportation under section 285.2:
.................................................. $ 8,197,091
If total approved claims for reimbursement for nonpublic
school pupil transportation exceed the amount appropriated in
accordance with this subsection, the department of education
shall prorate the amount of each approved claim.
2. For distribution for the tribal council of the Sac and
Fox Indian settlement for educating American Indian children
under section 256.30:
.................................................. $ 95,750
Sec. 5. GENERAL ASSEMBLY.
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, 2017, and ending June 30,
2018, are reduced by the following amount:
.................................................. $ 400,000
2. The budgeted amounts for the general assembly and
legislative agencies for the fiscal year beginning July 1,
2017, 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.
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. 6. INSTRUCTIONAL SUPPORT STATE AID ==== FY 2017=2018. In
lieu of the appropriation provided in section 257.20,
subsection 2, the appropriation for the fiscal year
beginning July 1, 2017, and ending June 30, 2018, for paying
instructional support state aid under section 257.20 for such
fiscal years is zero.
Sec. 7. SPECIAL FUNDS ==== SALARY ADJUSTMENTS ==== FY 2017=2018
==== FY 2018=2019. For the fiscal year beginning July 1, 2017,
and ending June 30, 2018, and for the fiscal year beginning
July 1, 2018, and ending June 30, 2019, salary adjustments may
be funded using departmental revolving, trust, or special funds
for which the general assembly has established an operating
budget, provided that doing so does not exceed the operating
budget established by the general assembly.
Sec. 8. OPERATIONAL APPROPRIATIONS ==== REVERSION ==== FY
2016=2017. Notwithstanding section 8.62, at the close of
the fiscal year beginning July 1, 2016, and ending June 30,
2017, any balance of an operational appropriation that remains
unexpended or unencumbered shall not be encumbered or deposited
in the cash reserve fund as provided in section 8.62, but shall
instead revert to the general fund of the state at the close of
the fiscal year as provided in section 8.33.
Sec. 9. SPECIAL FUNDS ==== SALARY ADJUSTMENTS ====
UNAPPROPRIATED MONEYS ==== FY 2017=2018 ==== FY 2018=2019. For the
fiscal year beginning July 1, 2017, and ending June 30, 2018,
and for the fiscal year beginning July 1, 2018, and ending
June 30, 2019, salary adjustments otherwise provided may be
funded as determined by the department of management using
unappropriated moneys remaining in the department of commerce
revolving fund, the gaming enforcement revolving fund, the
gaming regulatory revolving fund, the primary road fund, the
road use tax fund, the fish and game protection fund, the Iowa
public employees' retirement fund, and in other departmental
revolving, trust, or special funds for which the general
assembly has not made an operating budget appropriation.
Sec. 10. 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.
Sec. 11. Section 257.35, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 11A. 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, 2017, and ending June
30, 2018, 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. 12. EFFECTIVE UPON ENACTMENT. The following provision
or provisions of this division of this Act, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act reverting to
the general fund any unexpended or unencumbered moneys from
operational appropriations.
DIVISION II
MISCELLANEOUS APPROPRIATIONS
Sec. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding
section 8.56, subsection 3 and subsection 4, 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. 14. CASH RESERVE FUND APPROPRIATION ==== FY
2017=2018. There is appropriated from the general fund of the
state to the cash reserve fund created in section 8.56 for the
fiscal year beginning July 1, 2017, and ending June 30, 2018,
the following amount:
.................................................. $ 20,000,000
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
Sec. 16. SEXUAL ABUSE EVIDENCE COLLECTION KITS. There
is appropriated from the general fund of the state to the
department of public safety for the fiscal year beginning July
1, 2017, and ending June 30, 2018, the following amount, or
so much thereof as is necessary, to be used for the purposes
designated:
For expediting the processing of sexual abuse evidence
collection kits, including salaries, support, maintenance,
miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 200,000
............................................... FTEs 2.00
Sec. 17. DEPARTMENT OF EDUCATION ==== VOCATIONAL
REHABILITATION SERVICES DIVISION.
1. There is appropriated from the general fund of the state
to the department of education for the fiscal year beginning
July 1, 2017, and ending June 30, 2018, the following amount,
or so much thereof as is necessary, to be used for the purposes
designated:
For purposes of meeting federal maintenance of effort
requirements:
.................................................. $ 106,705
2. Moneys appropriated in this section shall supplement,
not supplant, moneys appropriated for the same purposes in 2017
Iowa Acts, House File 642, section 5, subsection 3, paragraph
"a".
Sec. 18. GUBERNATORIAL TRANSITION. There is appropriated
from the general fund of the state to the offices of the
governor and the lieutenant governor for the fiscal year
beginning July 1, 2017, and ending June 30, 2018, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For expenses incurred during the gubernatorial transition:
.................................................. $ 150,000
Sec. 19. EFFECTIVE UPON ENACTMENT. The following provision
or provisions of this division of this Act, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act transferring
moneys from the cash reserve fund to the general fund of the
state for the fiscal year beginning July 1, 2016.
DIVISION III
MISCELLANEOUS PROVISIONS
Sec. 20. Section 2.43, unnumbered paragraph 1, Code 2017,
is amended to read as follows:
The legislative council in cooperation with the officers of
the senate and house shall have the duty and responsibility for
preparing for each session of the general assembly. Pursuant
to such duty and responsibility, the legislative council
shall assign the use of areas in the state capitol except for
the areas used by the governor as of January 1, 1986, and by
the courts as of July 1, 2003, and, in consultation with the
director of the department of administrative services and the
capitol planning commission, may assign areas in other state
office buildings, except for the judicial branch building,
for use of the general assembly or legislative agencies.
The legislative council shall provide the courts with use
of space in the state capitol for ceremonial purposes. The
legislative council may authorize the renovation, remodeling
and preparation of the physical facilities used or to be used
by the general assembly or legislative agencies subject to the
jurisdiction of the legislative council and award contracts
pursuant to such authority to carry out such preparation. The
legislative council may purchase supplies and equipment deemed
necessary for the proper functioning of the legislative branch
of government.
Sec. 21. Section 8A.322, subsection 2, Code 2017, is amended
to read as follows:
2. Except for buildings and grounds described in section
216B.3, subsection 6; section 2.43, unnumbered paragraph 1; and
any buildings under the custody and control of the Iowa public
employees' retirement system, the director shall assign office
space at the capitol, other state buildings, and elsewhere in
the city of Des Moines, and the state laboratories facility
in Ankeny, for all executive and judicial state agencies.
Assignments may be changed at any time. The various officers
to whom rooms have been so assigned may control the same while
the assignment to them is in force. Official apartments shall
be used only for the purpose of conducting the business of the
state. The term "capitol" or "capitol building" as used in the
Code shall be descriptive of all buildings upon the capitol
grounds. The capitol building itself is reserved for the
operations of the general assembly, and the governor, and, for
ceremonial purposes, for the courts and the. The assignment
and use of physical facilities for the general assembly shall
be pursuant to section 2.43.
Sec. 22. Section 8C.7A, subsection 3, paragraph b,
unnumbered paragraph 1, if enacted by 2017 Iowa Acts, Senate
File 431, is amended to read as follows:
An authority shall not require a person to apply for or
enter into an individual license, franchise, or other agreement
with the authority or any other entity for the siting of
a small wireless facility on a utility pole located in a
public right=of=way. However, an authority may, through the
conditions set forth in a building permit obtained pursuant to
this subsection, do any of the following:
Sec. 23. NEW SECTION. 9.4A Technology modernization fund.
1. A technology modernization fund is created in the state
treasury under the control of the secretary of state. Moneys
in the fund are appropriated to the secretary of state for
purposes of modernizing technology used by the secretary of
state to fulfill the duties of office.
2. On and after July 1, 2017, any increased fee amount
collected by the secretary of state shall be credited to the
technology modernization fund. From each fee collected, the
amount credited to the fund equals the difference between the
fee amount collected and the amount assessed for the same fee
on June 30, 2017.
3. Each fiscal year, not more than two million dollars shall
be credited to the fund.
4. This section is repealed July 1, 2022.
Sec. 24. Section 270.10, Code 2017, is amended to read as
follows:
270.10 Merger requirements.
1. The state board of regents shall not merge the school
for the deaf at Council Bluffs with the Iowa braille and sight
saving school at Vinton or close either of those institutions
until all of the following requirements have been met:
1. a. The department of management has presented to the
general assembly a comprehensive plan, program, and fiscal
analysis of the existing circumstances and the circumstances
which would prevail upon the proposed merger or closing,
together with data which would support the contention that
the merger or closing will be more efficient and effective
than continuation of the existing facilities. The analysis
shall include a detailed study of the educational implications
of the merger or closing, the impact on the students, and
the opinions and research of nationally recognized experts
in the field of the education of visually impaired and deaf
students. The comprehensive plan shall further include a
study relating to the programming, fiscal consequences, and
political implications which would result if either a merger or
an agreement under chapter 28E should be implemented between
the school for the deaf in Council Bluffs and comparable state
programs in the state of Nebraska.
2. b. The general assembly has studied the plans, programs,
and fiscal analysis and has reviewed their impact on the
programs.
3. c. The general assembly has enacted legislation
authorizing either the closing or the merger to take effect not
sooner than two years after the enactment of the legislation.
2. This section shall not apply to an agreement related to
the sale or transfer of the property of the Iowa braille and
sight saving school at Vinton entered into between the state
of Iowa and the city of Vinton.
Sec. 25. Section 321N.4, subsection 6, Code 2017, is amended
to read as follows:
6. Insurance maintained under this chapter shall be
provided by an insurer governed by chapter 515 or 518, or by a
surplus lines insurer governed by chapter 515I. A surplus lines
insurer that issues a policy pursuant to this section shall be
considered an insurance carrier duly authorized to transact
business in this state for the purposes of chapter 321A.
Sec. 26. EFFECTIVENESS AND IMPLEMENTATION. The general
assembly declares that the appropriation from the general fund
of the state to the secretary of state, serving as the state
commissioner of elections, made pursuant to 2017 Iowa Acts,
House File 640, section 21, subsection 1, is sufficient for the
implementation of section 48A.10A contained in 2017 Iowa Acts,
House File 516.
Sec. 27. ALCOHOLIC BEVERAGE CONTROL ==== STUDY.
1. It is the intent of the general assembly that the
three=tiered system of regulating the alcohol beverage industry
is critical to maintaining a fair and competitive marketplace.
The study required by this section does not preclude the
alcoholic beverages division from applying regulatory
discretion that aligns with the performance of the powers and
duties granted to the administrator in chapter 123.
2. The alcoholic beverages division of the department of
commerce, in conjunction with other stakeholders the division
deems necessary, shall conduct a study concerning enforcement
issues related to alcoholic beverage control, including
consideration of the manner of properly balancing appropriate
regulation of the manufacturing, distribution, and sale of
alcoholic liquor, wine, and beer in this state with emerging
trends in the industry.
3. In conducting the study, the division shall consider
any other relevant issues the division identifies for study,
issues relating to the three=tiered system and section 123.45,
as it impacts the ability of manufacturers, wholesalers, and
retailers to meet changing marketplace conditions and business
opportunities.
4. By July 1, 2018, the division shall submit a final report
to the general assembly. The report shall provide the results
of the study including any findings and recommendations.
5. During the time period of the study and consideration of
the issue by the general assembly during the 2019 legislative
session, if an applicant has a conflict with section 123.45,
subsection 1, paragraphs "c" or "d", the administrator
may elect to defer on a final determination regarding the
eligibility and issue a temporary license or permit with
conditions, if applicable. In making a determination of
whether to defer on a final determination, the administrator
shall balance regulatory principles and practices that ensure a
fair and competitive marketplace with the protections of the
public interests as provided in chapter 123.
6. This section is repealed July 1, 2019.
Sec. 28. SEXUAL ABUSE EVIDENCE COLLECTION KITS. Any sexual
abuse evidence collection kit identified by a jurisdictional
law enforcement agency through the inventory required pursuant
to 2016 Iowa Acts, chapter 1042, shall be maintained by the law
enforcement agency indefinitely. A law enforcement agency in
possession of any sexual abuse evidence kit identified through
the inventory shall submit for analysis any kit at the request
of the department of justice.
Sec. 29. REPEAL. Chapter 304A, Code 2017, is repealed.
DIVISION IV
CORRECTIVE PROVISIONS
Sec. 30. Section 22.13A, subsection 5, paragraph b, as
enacted by 2017 Iowa Acts, House File 291, section 51, is
amended to read as follows:
b. If paragraph "a", subparagraph (1) or (2) is not
consistent with the provision of a collective bargaining
agreement, a state agency shall provide the individuals
referenced in this subsection, as applicable, with regular
reports regarding any personnel settlement agreements entered
into with state employees by the state agency.
Sec. 31. Section 27.1, as enacted by 2017 Iowa Acts, Senate
File 499, section 1, is amended to read as follows:
27.1 Definitions.
1. For purposes of this section chapter:
a. 1. "Monitoring device" means a digital video or audio
streaming or recording device that is part of a system of
monitoring activity in an area or building using a system in
which signals are transmitted from a video camera or microphone
to the receivers by cables or wirelessly, forming a closed
circuit.
b. 2. "Public hospital" means a hospital licensed pursuant
to chapter 135B and governed pursuant to chapter 145A, 263,
347, 347A, or 392.
c. 3. "Public library" means a library district as
described in chapter 336.
d. 4. "Public school" means a school district as described
in chapter 274.
e. 5. "Reasonable expectation of privacy" means a person's
reasonable belief, under the circumstances, that the person can
disrobe or partially disrobe in privacy without being concerned
that the person is being viewed, photographed, or filmed when
doing so.
Sec. 32. Section 73A.26, as enacted by 2017 Iowa Acts,
Senate File 438, section 6, is amended to read as follows:
73A.26 Purpose.
The purpose of this chapter subchapter is to provide for
more economical, nondiscriminatory, neutral, and efficient
procurement of construction=related goods and services by this
state and political subdivisions of this state.
Sec. 33. Section 80B.19, subsection 2, if enacted by 2017
Iowa Acts, Senate File 509, section 22, is amended to read as
follows:
2. Internal training funds in the internal training
clearing fund shall be administered by the academy and shall
consist of moneys collected by the academy from billings issued
in accordance with this chapter 80B, and any other moneys
obtained or accepted by the academy, including but not limited
to gifts, loans, donations, grants, and contributions, which
are obtained or designated to support the activities of the
academy.
Sec. 34. Section 84A.1A, subsection 1, paragraph a,
subparagraph (8), subparagraph division (b), subparagraph
subdivision (iii), as enacted by 2017 Iowa Acts, House File
572, section 1, is amended to read as follows:
(iii) Two representatives of community=based organizations
that have demonstrated experience and expertise in addressing
the employment, training, or education needs of individuals
with barriers to employment as defined in the federal Workforce
Innovation and Opportunity Act, Pub. L. No. 113=128, {3(24),
including but not limited to organizations that serve veterans,
or that provide or support competitive, integrated employment
for individuals with disabilities; or that serve eligible
youth, as defined in the federal Workforce Innovation and
Opportunity Act, Pub. L. No. 113=128, {3(18), including
representatives of organizations that serve out=of=school
youth, as defined in the federal Workforce Innovation and
Opportunity Act, Pub. L. No. 113=128, {129(a)(1)(B).
Sec. 35. Section 225D.1, subsection 8, Code 2017, as amended
by 2017 Iowa Acts, House File 215, section 1, is amended to
read as follows:
8. "Eligible individual" means a child less than fourteen
years of age who has been diagnosed with autism based on a
diagnostic assessment of autism, is not otherwise eligible for
coverage for applied behavioral analysis treatment or applied
behavior analysis treatment under the medical assistance
program, section 514C.28, 514C.31, or other private insurance
coverage, and whose household income does not exceed five
hundred percent of the federal poverty level.
Sec. 36. Section 261.9, subsection 2A, paragraph b, if
enacted by 2017 Iowa Acts, House File 642, section 15, is
amended to read as follows:
b. Is a barber school licensed under section 158.7 or
a school of cosmetology arts and sciences licensed under
chapter 157 and is accredited by a national accrediting agency
recognized by the United States department of education. For
the fiscal year beginning July 1, 2017, an eligible institution
under this paragraph shall provide a matching aggregate amount
of institutional financial aid equal to at least seventy=five
percent of the amount received by the institution's students
for Iowa tuition grant assistance under section 261.16A.
For the fiscal year beginning July 1, 2018, the institution
shall provide a matching aggregate amount of institutional
financial aid equal to at least eighty=five percent of the
amount received in that fiscal year. Commencing with the
fiscal year beginning July 1, 2019, and each succeeding fiscal
year, the matching aggregate amount of institutional financial
aid shall be at least equal to the match provided by eligible
institutions under section 261.16A, subsection 2 paragraph "a".
Sec. 37. Section 422.7, subsection 41, paragraph a,
subparagraph (1), subparagraph division (b), as enacted by 2017
Iowa Acts, Senate File 505, section 1, is amended to read as
follows:
(b) For the tax year beginning in the 2018 calendar year
and for each subsequent tax year, the director shall multiply
each dollar amount set forth in subparagraph division (a),
subparagraph subdivisions (i) and (ii) by the latest cumulative
inflation factor, shall round off the resulting product to
the nearest one dollar, and shall incorporate the result into
the income tax forms and instructions for each tax year. For
purposes of this subparagraph division, "cumulative inflation
factor" means the product of the annual inflation factor for
the 2018 calendar year and all annual inflation factors for
subsequent calendar years as determined by section 422.4,
subsection 1, paragraph "a". The cumulative inflation factor
applies to all tax years beginning on or after January 1 of
the calendar year for which the latest annual inflation factor
has been determined. Notwithstanding any other provision,
the annual inflation factor for the 2018 calendar year is one
hundred percent.
Sec. 38. 2017 Iowa Acts, House File 488, section 57, as
enacted, is amended by striking the section and inserting in
lieu thereof the following:
SEC. 57. Section 455B.474, subsection 2, paragraph a,
subparagraph (1), Code 2017, is amended to read as follows:
(1) (a) Financial responsibility required by this
subsection may be established in accordance with rules adopted
by the commission by any one, or any combination, of the
following methods: insurance, guarantee, surety bond, letter
(i) Insurance.
(ii) Guarantee.
(iii) Surety bond.
(iv) Letter of credit, or qualification.
(v) Qualification as a self=insurer.
(b) In adopting requirements under this subsection, the
commission may specify policy or other contractual terms,
conditions, or defenses which are necessary or are unacceptable
in establishing the evidence of financial responsibility.
Sec. 39. 2017 Iowa Acts, House File 642, section 44,
subsection 1, paragraph f, unnumbered paragraph 2, if enacted,
is amended to read as follows:
From the moneys appropriated in this lettered paragraph
"f", not more than $50,000 shall be used by the department for
expenses associated with the activities of the secondary career
and technical programming task force convened pursuant to this
Act to provide statewide support for work=based learning.
Sec. 40. 2017 Iowa Acts, House File 642, section 52,
subsection 4, paragraph c, subparagraph (4), is amended to read
as follows:
(4) Notwithstanding section 8.33, of the moneys
appropriated in this paragraph "c" that remain unencumbered
or unobligated at the close of the fiscal year, an amount
equivalent to not more than 5 percent of the amount
appropriated in this paragraph "c" shall not revert by but
shall remain available for expenditure for summer programs for
students until the close of the succeeding fiscal year.
Sec. 41. 2017 Iowa Acts, House File 642, section 55,
subsection 1, paragraph f, unnumbered paragraph 2, if enacted,
is amended to read as follows:
From the moneys appropriated in this lettered paragraph
"f", not more than $25,000 shall be used by the department for
expenses associated with the activities of the secondary career
and technical programming task force convened pursuant to this
Act to provide statewide support for work=based learning.
Sec. 42. 2017 Iowa Acts, Senate File 510, section 22,
subsection 1, if enacted, is amended to read as follows:
1. Notwithstanding section 466A.2, and the repeal of
chapter 466A as provided in this division of this Act, on and
after December 31, 2017, the department of agriculture and
land stewardship shall manage moneys credited to the watershed
improvement fund in the same manner as required in 2016
Acts, chapter 1134, section 35, including by making necessary
payments to satisfy any outstanding obligations incurred by the
watershed improvement review board prior to December 31, 2017.
Sec. 43. EFFECTIVE UPON ENACTMENT. The following sections
of this division of this Act, being deemed of immediate
importance, take effect upon enactment:
1. The section of this division of this Act amending section
22.13A, subsection 5, paragraph "b".
2. The section of this division of this Act amending section
73A.26.
3. The section of this division of this Act amending
section 84A.1A, subsection 1, paragraph "a", subparagraph (8),
subparagraph division (b), subparagraph subdivision (iii).
Sec. 44. EFFECTIVE DATE. The section of this division of
this Act amending section 225D.1, subsection 8, takes effect
January 1, 2018.
Sec. 45. APPLICABILITY. The section of this division of
this Act amending section 422.7, subsection 41, paragraph a,
subparagraph (1), subparagraph division (b), applies to tax
years beginning on or after January 1, 2018.
DIVISION V
WEAPONS
Sec. 46. Section 724.2A, as enacted by 2017 Iowa Acts, House
File 517, section 5, is amended to read as follows:
724.2A Peace officer and reserve peace officer ==== defined.
As used in sections 724.4, 724.6, and 724.11, "peace officer"
means a certified "peace officer" and includes a reserve peace
officer as defined in section 80D.1A.
Sec. 47. Section 724.4C, subsection 1, unnumbered paragraph
1, as enacted by 2017 Iowa Acts, House File 517, section 8, is
amended to read as follows:
Except as provided in subsection 2, a person commits a
serious misdemeanor if the person is intoxicated as provided
under the conditions set out in section 321J.2, subsection
1, paragraph "a", "b", or "c", and the person does any of the
following:
Sec. 48. Section 724.17, subsection 1, as enacted by 2017
Iowa Acts, House File 517, section 22, is amended to read as
follows:
1. The application for a permit to acquire pistols or
revolvers may be made to the sheriff of the county of the
applicant's residence and shall be on a form prescribed
and published by the commissioner of public safety. The
application shall require only the full name of the applicant,
the driver's license or nonoperator's identification card
number of the applicant, the residence of the applicant, and
the date and place of birth of the applicant, and whether the
applicant meets the criteria specified in section 724.15.
The applicant shall also display an identification card that
bears a distinguishing number assigned to the cardholder, the
full name, date of birth, sex, residence address, and brief
description and color photograph of the cardholder, or other
identification as specified by rule of the department of public
safety. The sheriff shall conduct a criminal history check
concerning each applicant by obtaining criminal history data
from the department of public safety which shall include an
inquiry of the national instant criminal background check
system maintained by the federal bureau of investigation or any
successor agency. A person who makes what the person knows
to be a false statement of material fact on an application
submitted under this section or who submits what the person
knows to be any materially falsified or forged documentation in
connection with such an application commits a class "D" felony.
Sec. 49. Section 724.22, subsection 9, as enacted by 2017
Iowa Acts, House File 517, section 29, is amended to read as
follows:
9. A parent, guardian, spouse, or instructor, who knowingly
provides direct supervision under subsection 5, of a person
while intoxicated as provided under the conditions set out
in section 321J.2, subsection 1, or under the influence of
an illegal drug paragraph "a", "b", or "c", commits child
endangerment in violation of section 726.6, subsection 1,
paragraph "i".
Sec. 50. Section 726.6, subsection 1, paragraph i, as
enacted by 2017 Iowa Acts, House File 517, section 30, is
amended to read as follows:
i. Knowingly provides direct supervision of a person under
section 724.22, subsection 5, while intoxicated as provided
under the conditions set out in section 321J.2, subsection 1,
or under the influence of an illegal drug paragraph "a", "b",
or "c".
Sec. 51. 2017 Iowa Acts, House File 517, section 50,
subsection 1, as enacted, is amended to read as follows:
1. The section sections of this Act amending section
sections 724.22 and 726.6.
Sec. 52. REPEAL. 2017 Iowa Acts, House File 517, section
16, as enacted, is repealed.
Sec. 53. EFFECTIVE UPON ENACTMENT. The section of this
division of this Act amending 2017 Iowa Acts, House File 517,
section 50, subsection 1, being deemed of immediate importance,
takes effect upon enactment.
Sec. 54. RETROACTIVE APPLICABILITY. The section of this
division of this Act amending 2017 Iowa Acts, House File 517,
section 50, subsection 1, applies retroactively to April 13,
2017.
DIVISION VI
MERCHANT LINES
Sec. 55. Section 6A.21, subsection 1, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0a. "Aboveground merchant line" means
"merchant line" as defined in section 478.6A, subsection 1,
excluding those merchant lines that are underground.
Sec. 56. Section 6A.21, subsection 1, paragraph b, Code
2017, is amended to read as follows:
b. "Private development purposes" means the construction of,
or improvement related to, recreational trails, recreational
development paid for primarily with private funds, aboveground
merchant lines, housing and residential development, or
commercial or industrial enterprise development.
Sec. 57. Section 6A.21, subsection 2, Code 2017, is amended
to read as follows:
2. The limitation on the definition of public use,
public purpose, or public improvement does not apply to the
establishment, relocation, or improvement of a road pursuant
to chapter 306, or to the establishment of a railway under the
supervision of the department of transportation as provided in
section 327C.2, or to an airport as defined in section 328.1,
or to land acquired in order to replace or mitigate land used
in a road project when federal law requires replacement or
mitigation. This limitation also does not apply to utilities,
persons, companies, or corporations under the jurisdiction of
the Iowa utilities board in the department of commerce or to
any other utility conferred the right by statute to condemn
private property or to otherwise exercise the power of eminent
domain, except to the extent such purpose includes construction
of aboveground merchant lines.
Sec. 58. Section 6A.22, subsection 2, paragraph a,
subparagraph (2), Code 2017, is amended to read as follows:
(2) The acquisition of any interest in property necessary to
the function of a public or private utility to the extent such
purpose does not include construction of aboveground merchant
lines, common carrier, or airport or airport system.
Sec. 59. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 60. APPLICABILITY. This division of this Act applies
to projects or condemnation proceedings commenced on or after
the effective date of this division of this Act.
DIVISION VII
VAPOR AND ALTERNATIVE NICOTINE PRODUCTS ==== TAX
Sec. 61. Section 453A.1, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 7A. "Delivery sale" means any sale of
an alternative nicotine product or a vapor product to a
purchaser in this state where the purchaser submits the order
for such sale by means of a telephonic or other method of
voice transmission, mail or any other delivery service, or the
internet or other online service and the alternative nicotine
product or vapor product is delivered by use of mail or a
delivery service. The sale of an alternative nicotine product
or vapor product shall constitute a delivery sale regardless of
whether the seller is located in this state. "Delivery sale"
does not include a sale to a distributor or retailer of any
alternative nicotine product or vapor product not for personal
consumption.
Sec. 62. Section 453A.1, subsection 20, Code 2017, is
amended to read as follows:
20. "Place of business" is construed to mean and include any
place where cigarettes are sold or where cigarettes are stored
within or without the state of Iowa by the holder of an Iowa
permit or kept for the purpose of sale or consumption; or if
sold from any vehicle or train, the vehicle or train on which
or from which such cigarettes are sold shall constitute a place
of business; or for a business within or without the state that
conducts delivery sales, any place where alternative nicotine
products or vapor products are sold or where alternative
nicotine products or vapor products are kept for the purpose
of sale.
Sec. 63. Section 453A.13, subsection 1, Code 2017, is
amended to read as follows:
1. Permits required. Every distributor, wholesaler,
cigarette vendor, and retailer, now engaged or who desires to
become engaged in the sale or use of cigarettes, upon which a
tax is required to be paid, and every retailer now engaged or
who desires to become engaged in selling, offering for sale, or
distributing alternative nicotine products or vapor products,
including through delivery sales, shall obtain a state or
retail permit as a distributor, wholesaler, cigarette vendor,
or retailer, as the case may be.
Sec. 64. Section 453A.13, subsection 2, paragraph a, Code
2017, is amended to read as follows:
a. The department shall issue state permits to distributors,
wholesalers, and cigarette vendors and retailers that make
delivery sales of alternative nicotine products and vapor
products subject to the conditions provided in this division.
If an out=of=state retailer makes delivery sales of alternative
nicotine products or vapor products, an application shall be
filed with the department and a permit shall be issued for the
out=of=state retailer's principal place of business. Cities
may issue retail permits to dealers retailers with a place of
business located within their respective limits. County boards
of supervisors may issue retail permits to dealers retailers
with a place of business in their respective counties, outside
of the corporate limits of cities.
Sec. 65. Section 453A.42, Code 2017, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. "Delivery sale" means any sale of
an alternative nicotine product or a vapor product to a
purchaser in this state where the purchaser submits the order
for such sale by means of a telephonic or other method of
voice transmission, mail or any other delivery service, or the
internet or other online service and the alternative nicotine
product or vapor product is delivered by use of mail or a
delivery service. The sale of an alternative nicotine product
or vapor product shall constitute a delivery sale regardless of
whether the seller is located in this state. "Delivery sale"
does not include a sale to a distributor or retailer of any
alternative nicotine product or vapor product not for personal
consumption.
Sec. 66. Section 453A.42, subsection 8, Code 2017, is
amended to read as follows:
8. "Place of business" means any place where tobacco
products are sold or where tobacco products are manufactured,
stored, or kept for the purpose of sale or consumption,
including any vessel, vehicle, airplane, train, or vending
machine; or for a business within or without the state that
conducts delivery sales, any place where alternative nicotine
products or vapor products are sold or where alternative
nicotine products or vapor products are kept for the purpose of
sale, including delivery sales.
Sec. 67. Section 453A.47A, subsections 1, 3, and 6, Code
2017, are amended to read as follows:
1. Permits required. A person shall not engage in
the business of a retailer of tobacco, tobacco products,
alternative nicotine products, or vapor products at any place
of business, or through delivery sales, without first having
received a permit as a retailer.
3. Number of permits. An application shall be filed and a
permit obtained for each place of business owned or operated by
a retailer located in the state. If an out=of=state retailer
makes delivery sales of alternative nicotine products or vapor
products, an application shall be filed with the department
and a permit shall be issued for the out=of=state retailer's
principal place of business.
6. Issuance. Cities shall may issue retail permits to
retailers located within their respective limits. County
boards of supervisors shall may issue retail permits to
retailers located in their respective counties, outside of the
corporate limits of cities. The city or county shall submit a
duplicate of any application for a retail permit and any retail
permit issued by the entity under this section to the alcoholic
beverages division of the department of commerce within thirty
days of issuance. The alcoholic beverages division of the
department of commerce shall submit the current list of all
retail permits issued to the Iowa department of public health
by the first day of each quarter of a state fiscal year.
Sec. 68. NEW SECTION. 453A.47B Requirements for mailing or
shipping ==== alternative nicotine products or vapor products.
A retailer shall not mail, ship, or otherwise cause to be
delivered any alternative nicotine product or vapor product in
connection with a delivery sale unless all of the following
apply:
1. Prior to sale to the purchaser, the retailer verifies
that the purchaser is at least eighteen years of age through or
by one of the following:
a. A commercially available database, or aggregate of
databases, that is regularly used by government and businesses
for the purpose of age and identity verification.
b. Obtaining a copy of a valid government=issued document
that provides the name, address, and date of birth of the
purchaser.
2. The retailer uses a method of mailing, shipping, or
delivery that requires the signature of a person who is at
least eighteen years of age before the shipping package is
released to the purchaser.
Sec. 69. NEW SECTION. 453A.47C Sales and use tax on
delivery sales ==== alternative nicotine products or vapor
products.
1. A delivery sale of alternative nicotine products or vapor
products within this state shall be subject to the sales tax
provided in chapter 423, subchapter II.
2. The use in this state of alternative nicotine products
or vapor products purchased for use in this state through a
delivery sale shall be subject to the use tax provided in
chapter 423, subchapter III.
3. A retailer required to possess or possessing a permit
under section 453A.13 or 453A.47A to make delivery sales of
alternative nicotine products or vapor products within this
state shall be deemed to have waived all claims that such
retailer lacks physical presence within this state for purposes
of collecting and remitting sales and use tax.
4. A retailer making taxable delivery sales of alternative
nicotine products or vapor products within this state shall
remit to the department all sales and use tax due on such sales
at the times and in the manner provided by chapter 423.
5. The director shall adopt rules pursuant to chapter 17A to
administer this section.
DIVISION VIII
NATIONAL JUNIOR ANGUS SHOW
Sec. 70. 2015 Iowa Acts, chapter 132, section 25, as amended
by 2016 Iowa Acts, chapter 1134, section 2, is amended to read
as follows:
SEC. 25. UNCLAIMED PARI=MUTUEL WAGERING WINNINGS ====
HORSE AND DOG RACING. There is appropriated from the moneys
available under section 99D.13 to the department of agriculture
and land stewardship for the fiscal year beginning July 1,
2016, and ending June 30, 2017, the following amount, or so
much thereof as is necessary, to be used for the purposes
designated:
1. For purposes of supporting the department's
administration and enforcement of horse and dog racing law
pursuant to section 99D.22, including for salaries, support,
maintenance, and miscellaneous purposes:
.................................................. $ 295,516
2. a. For allocation to the Iowa junior angus association
in connection with the 2016 2017 national junior angus show:
.................................................. $ 10,000
b. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available to be used to support the purpose designated in
paragraph "a" until the close of the succeeding fiscal year.
Sec. 71. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.

JACK WHITVER

LINDA UPMEYER

W. CHARLES SMITH

TERRY E. BRANSTA

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