last action: standing appropriations bill senate floor ... · senate floor april 20, 2017 fiscal...

Standing Appropriations Bill 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.

Last Action:

Senate Floor

April 20, 2017

Fiscal Services Division Legislative Services Agency

NOTES ON BILLS AND AMENDMENTS (NOBA)

Available on line at https://www.legis.iowa.gov/publications/information/appropriationBillAnalysis LSA Contacts: Laura Book (515)725-0509 David Reynolds (515)281-6934

https://www.legis.iowa.gov/publications/information/appropriationBillAnalysis

SENATE FILE 516EXECUTIVE SUMMARYSTANDING APPROPRIATIONS BILL

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FUNDING SUMMARY

This Bill makes adjustments to various General Fund standing appropriations andFunding Summary: results in a net decrease in appropriations of $12.5 million for FY 2018 and $2.4 million for FY 2019. TheBill also transfers $131.1 million from the Cash Reserve Fund to the General Fund for FY 2017.

MAJOR INCREASES/DECREASES/TRANSFERS OF EXISTING PROGRAMS

Limits the FY 2018 and FY 2019 General Fund appropriations to the Department of Education for nonpublicschool transportation to $8.2 million.

Limits the FY 2018 and FY 2019 General Fund standing appropriations to the Department of Education forthe Sac and Fox Indian Settlement to $96,000.

Reduces the FY 2018 standing appropriation to the Legislative Branch by $400,000 and prohibits spendingfor out-of-state travel and organizational dues from the Legislative Branch budget for FY 2018.

This will reduce Legislative Branch expenditures by approximately $440,000 in FYFISCAL IMPACT: 2018.

Suspends the General Fund standing appropriation of $14.8 million to the Department of Education for theInstructional Support Program for FY 2018.

Reduces the FY 2018 State school aid funding to area education agencies (AEAs) by $15.0 million.

Transfers $131.1 million from the Cash Reserve Fund to the General Fund for FY 2017.

The transfer is necessary to bring the FY 2017 General Fund budget into balance. TheFISCAL IMPACT:current balance in the Cash Reserve Fund, prior to this transfer, is $553.5 million. This transfer will reducethe balance to $422.4 million.

Appropriates $20.0 million from the General Fund to the Cash Reserve Fund for FY 2018.

Appropriates $150,000 from the General Fund to the Governor's Office for gubernatorial transition costs forFY 2018.

STUDIES AND INTENT


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Page 1, Line 3Requires State agencies to submit FY 2019 budget information to the Department of Management (DOM)and include all proposed expenditures, supporting data, and explanations. Requires the Director of the DOMto consult with the Legislative Services Agency (LSA) concerning the provision of support data.

Requires the unobligated funds that State agencies are currently allowed to carry forward to FY 2018 andspend for training and technology or purchases of products from Iowa Prison Industries to revert to theGeneral Fund at the close of FY 2017.

Requires the salary model administrator to work with the LSA to maintain the State’s salary model. Requiresvarious departments to submit salary data to the DOM and the LSA.

Requires the Alcoholic Beverages Division (IABD) of the Department of Commerce to establish an interimstudy committee regarding enforcement issues related to alcoholic beverage control. The committee, withthe support of relevant stakeholders, is charged with considering the manner of properly balancing theregulation, sale, and distribution of alcoholic liquor, wine, and beer in the State, as well as other issuesrelated to the three-tier system. The Division will submit its findings in a report to the General Assembly byJuly 1, 2018.

SIGNIFICANT CODE CHANGES

Removes the assignment of space to the Judicial Branch in the Capitol building and requires the LegislativeCouncil to provide the Judicial Branch with the use of space in the State Capitol for ceremonial purposes.

Creates a Technology Modernization Fund under the control of the Secretary of State’s Office (SOS).Moneys in the Fund are appropriated to the SOS for purposes of modernizing technology used by the SOS tofulfill duties of the Office. Requires that no more than $2.0 million will be credited to the Fund in a fiscalyear. The Fund is repealed on July 1, 2022 (FY 2023).

Specifies that a business operating for the purpose of fulfilling customer orders is not a retail business or aretail operation for purposes of meeting eligibility requirements for the High Quality Jobs Program.

Prohibits the Natural Resources Commission from restricting or banning hunting on specific private propertyor for the hunting of a particular wild animal, so long as the hunter is qualified to hunt in this State,possesses a valid hunting license that allows for the hunting of the particular wild animal, and adheres to allapplicable municipal, county, state, and federal regulations, including but not limited to daily limits,possession limits, shooting hours, methods of take, and transportation of a carcass.


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Page 10, Line 18Requires that sexual abuse evidence collection kits identified during a survey conducted by the CrimeVictim Assistance Division of the Iowa Department of Justice (DOJ) in 2016 be maintained indefinitely bythe law enforcement agencies possessing them. The law enforcement agencies are required to submit the kitsfor analysis at the request of the DOJ.

Repeals the Iowa Code chapter related to provisions that require no less than one-half of one percent of thetotal estimated cost of the construction of a State building be included for elements of fine arts in the plansand specifications of the building.

Provides numerous nonsubstantive corrective provisions to the Iowa Code and 2017 Iowa Acts.

Makes various changes to House File 517 (Weapons Omnibus Bill)

Division VI of this Bill defines the term “delivery sale” for alternative nicotine and vapor products andsubjects delivery sales to the sales/use tax.

This provision subjects alternative nicotine product and vapor sales made throughFISCAL IMPACT:nontraditional retail processes to existing permit fees and the sales/use tax. The State Sales/use tax rate is6.0%, with one percentage point of that tax rate dedicated to local school infrastructure funding and theremaining five percentage points benefiting the State General Fund.

Requires a county auditor to arrange the names on a ballot in descending order, with the candidates of thepolitical party with the highest voter turnout from the preceding election to be listed first on the ballot, thepolitical party of the next greatest turnout to be listed next on the ballot, and continuing in descending orderin the same manner. The order will be the same for each office on the ballot and for each precinct in thecounty voting in the election.

EFFECTIVE DATE

Specifies that Section 8 of this Bill pertaining to the reversion of State agencies operating appropriations iseffective upon enactment.

Specifies that Section 13 of this Bill pertaining to the transfer of $131.1 million from the Cash Reserve Fundto the General Fund for FY 2017 is effective upon enactment.

Specifies that the section of this Bill amending HF 517 (Weapons Omnibus Act) is effective upon enactmentand applies retroactively to April 13, 2017.

Senate File 516

Senate File 516 provides for the following changes to the Code of Iowa.

Page # Line # Bill Section Action Code Section

5 12 11 Add 257.35.11A6 24 17 Amend 2.437 11 18 Amend 8A.322.27 31 19 Amend 8c.7.3.b8 6 20 New 9.4A8 21 21 Amend 15.329.1.f8 28 22 Amend 321N.4.69 2 23 Add 481A.38.410 26 26 Repeal 304A10 29 27 Amend New 22.13A.5.b11 3 28 Amend 73A.2611 21 30 Amend New 22.13A.5.b12 3 31 Amend 225D.1.815 2 41 Amend 724.1716 28 48 Add 453A.1.7A17 8 49 Amend 453A.1.2017 21 50 Amend 453A.13.117 32 51 Amend 453A.13.2.a18 12 52 Add 453A.42.2A18 27 53 Amend 453A.42.819 3 54 Amend 453A.47A.1,3,619 29 55 New 453A.47B20 13 56 New 453A.47C21 2 57 Amend 49.31.122 7 58 Amend 49.31.2.b

1 1 DIVISION I1 2 STANDING APPROPRIATIONS AND RELATED MATTERS

1 3 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2018-2019.1 4 1. For the budget process applicable to the fiscal year1 5 beginning July 1, 2018, on or before October 1, 2017, in lieu1 6 of the information specified in section 8.23, subsection1 7 1, unnumbered paragraph 1, and section 8.23, subsection 1,1 8 paragraph “a”, all departments and establishments of the1 9 government shall transmit to the director of the department1 10 of management, on blanks to be furnished by the director,1 11 estimates of their expenditure requirements, including every1 12 proposed expenditure, for the ensuing fiscal year, together1 13 with supporting data and explanations as called for by the1 14 director of the department of management after consultation1 15 with the legislative services agency.

1 16 2. The estimates of expenditure requirements shall be1 17 in a form specified by the director of the department of1 18 management, and the expenditure requirements shall include all1 19 proposed expenditures and shall be prioritized by program or1 20 the results to be achieved. The estimates shall be accompanied1 21 by performance measures for evaluating the effectiveness of the1 22 programs or results.

1 23 Sec. 2. BUDGET PROCESS FOR FISCAL YEAR 2019-2020.1 24 1. For the budget process applicable to the fiscal year1 25 beginning July 1, 2019, on or before October 1, 2018, in lieu1 26 of the information specified in section 8.23, subsection1 27 1, unnumbered paragraph 1, and section 8.23, subsection 1,1 28 paragraph “a”, all departments and establishments of the1 29 government shall transmit to the director of the department1 30 of management, on blanks to be furnished by the director,1 31 estimates of their expenditure requirements, including every1 32 proposed expenditure, for the ensuing fiscal year, together1 33 with supporting data and explanations as called for by the1 34 director of the department of management after consultation1 35 with the legislative services agency.

2 1 2. The estimates of expenditure requirements shall be2 2 in a form specified by the director of the department of2 3 management, and the expenditure requirements shall include all2 4 proposed expenditures and shall be prioritized by program or2 5 the results to be achieved. The estimates shall be accompanied2 6 by performance measures for evaluating the effectiveness of the2 7 programs or results.

Requires State agencies to submit FY 2019 budget information to theDepartment of Management (DOM) and include all proposedexpenditures, supporting data, and explanations. Requires the Directorof the DOM to consult with the Legislative Services Agency (LSA)concerning the provision of support data.

DETAIL: This requirement replaces the statutory budget submissionrequirements of Executive Branch agencies in Iowa Code section 8.23.Iowa Code section 8.23 requires all departments to submit annualbudgets based on 75.00% of the funding provided for in the currentfiscal year. The budget requirements in section 8.23 have not beenused since FY 2007.

Requires budgeted expenditures to be prioritized by program or byexpected results, including performance measures.

Requires State agencies to submit FY 2020 budget information to theDOM and include all proposed expenditures, supporting data, andexplanations. Requires the Director of the DOM to consult with theLSA concerning the provision of support data.

Requires budgeted expenditures to be prioritized by program or byexpected results, including performance measures.

PG LN GA:87 SF516 Explanation

https://www.legis.iowa.gov/docs/code/8.23.pdf



2 8 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS —— FY2 9 2017-2018. Notwithstanding the standing appropriations2 10 in the following designated sections for the fiscal year2 11 beginning July 1, 2017, and ending June 30, 2018, the amounts2 12 appropriated from the general fund of the state pursuant to2 13 these sections for the following designated purposes shall not2 14 exceed the following amounts:

2 15 1. For payment of claims for nonpublic school2 16 transportation under section 285.2:2 17 ...................................................................... $ 8,197,0912 18 If total approved claims for reimbursement for nonpublic2 19 school pupil transportation exceed the amount appropriated in2 20 accordance with this subsection, the department of education2 21 shall prorate the amount of each approved claim.

2 22 2. For distribution for the tribal council of the Sac and2 23 Fox Indian settlement for educating American Indian children2 24 under section 256.30:2 25 ...................................................................... $ 95,750

2 26 Sec. 4. LIMITATIONS OF STANDING APPROPRIATIONS —— FY2 27 2018-2019. Notwithstanding the standing appropriations2 28 in the following designated sections for the fiscal year2 29 beginning July 1, 2018, and ending June 30, 2019, the amounts2 30 appropriated from the general fund of the state pursuant to2 31 these sections for the following designated purposes shall not2 32 exceed the following amounts:

2 33 1. For payment of claims for nonpublic school2 34 transportation under section 285.2:2 35 ...................................................................... $ 8,197,0913 1 If total approved claims for reimbursement for nonpublic3 2 school pupil transportation exceed the amount appropriated in3 3 accordance with this subsection, the department of education3 4 shall prorate the amount of each approved claim.

3 5 2. For distribution for the tribal council of the Sac and3 6 Fox Indian settlement for educating American Indian children

CODE: Limits the FY 2018 General Fund appropriation to theDepartment of Education for nonpublic school transportation to$8,197,091. Requires the appropriation to be prorated if the claimsexceed the appropriation.

DETAIL: This represents a reduction of $85,610 compared to estimatednet FY 2017. This also represents a decrease of $2,402,909 comparedto the estimated standing unlimited appropriation of $10,600,000 basedon current law.

CODE: Limits the FY 2018 General Fund standing appropriation to theDepartment of Education for the Sac and Fox Indian Settlement to$95,750.

DETAIL: This represents a reduction of $500 compared to estimatednet FY 2017. This also represents a decrease of $4,250 compared tothe estimated standing limited appropriation of $100,000 based oncurrent law.

CODE: Limits the FY 2019 General Fund appropriation to theDepartment of Education for nonpublic school transportation to$8,197,091. Requires the appropriation to be prorated if the claimsexceed the appropriation.

DETAIL: This maintains the same level of funding as FY 2018. Thisalso represents a decrease of $2,402,909 compared to the estimatedstanding unlimited appropriation of $10,600,000 based on current law.

CODE: Limits the FY 2019 General Fund standing appropriation to theDepartment of Education for the Sac and Fox Indian Settlement to


3 7 under section 256.30:3 8 ...................................................................... $ 95,750

3 9 Sec. 5. GENERAL ASSEMBLY.3 10 1. The appropriations made pursuant to section 2.12 for the3 11 expenses of the general assembly and legislative agencies for3 12 the fiscal year beginning July 1, 2017, and ending June 30,3 13 2018, are reduced by the following amount:3 14 ...................................................................... $ 400,0003 15 2. The budgeted amounts for the general assembly and3 16 legislative agencies for the fiscal year beginning July 1,3 17 2017, may be adjusted to reflect the unexpended budgeted3 18 amounts from the previous fiscal year.

3 19 3. Annual membership dues for organizations, associations,3 20 and conferences shall not be paid from moneys appropriated3 21 pursuant to section 2.12.3 22 4. Costs for out-of-state travel and per diems for3 23 out-of-state travel shall not be paid from moneys appropriated3 24 pursuant to section 2.12.

3 25 Sec. 6. INSTRUCTIONAL SUPPORT STATE AID —— FY 2017-2018. In3 26 lieu of the appropriation provided in section 257.20,3 27 subsection 2, the appropriation for the fiscal year3 28 beginning July 1, 2017, and ending June 30, 2018, for paying3 29 instructional support state aid under section 257.20 for such3 30 fiscal years is zero.

3 31 Sec. 7. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— FY 2017-20183 32 —— FY 2018-2019. For the fiscal year beginning July 1, 2017,3 33 and ending June 30, 2018, and for the fiscal year beginning3 34 July 1, 2018, and ending June 30, 2019, salary adjustments may3 35 be funded using departmental revolving, trust, or special funds4 1 for which the general assembly has established an operating4 2 budget, provided that doing so does not exceed the operating4 3 budget established by the general assembly.

4 4 Sec. 8. OPERATIONAL APPROPRIATIONS —— REVERSION —— FY4 5 2016-2017. Notwithstanding section 8.62, at the close of

$95,750.

DETAIL: Maintains the same level of funding as FY 2018. Thisrepresents a decrease of $4,250 compared to the estimated standinglimited appropriation of $100,000 based on current law.

CODE: Reduces the FY 2018 standing appropriation to the LegislativeBranch by $400,000 and permits unexpended funds budgeted duringFY 2017 to carry forward to FY 2018.

Prohibits the Legislative Branch from expending funds from thestanding unlimited appropriation for annual membership dues toorganizations and costs associated with out-of-state travel.

FISCAL IMPACT: This will reduce Legislative Branch expenditures byapproximately $440,000 in FY 2018.

Suspends the General Fund standing appropriation of $14,800,000 forthe Instructional Support Program for FY 2018.

DETAIL: Although no State funding will be provided for theInstructional Support Program, school districts will use local propertytax and income surtax to fund their portion of the Program. In FY 2017,327 districts (98.20%) implemented the Program and generated$224,162,000 in local taxes ($90,292,000 in income surtax and$133,870,000 in property taxes).

Permits salary adjustment to be funded from revolving, trust, or specialfunds for FY 2018 and FY 2019, as long as the funding does notexceed the operating budgets established by the General Assembly.

Requires unobligated funds that State agencies are currently allowedto carry forward to FY 2018 and spend for training and technology or


4 6 the fiscal year beginning July 1, 2016, and ending June 30,4 7 2017, any balance of an operational appropriation that remains4 8 unexpended or unencumbered shall not be encumbered or deposited4 9 in the cash reserve fund as provided in section 8.62, but shall4 10 instead revert to the general fund of the state at the close of4 11 the fiscal year as provided in section 8.33.

4 12 Sec. 9. SPECIAL FUNDS —— SALARY ADJUSTMENTS ——4 13 UNAPPROPRIATED MONEYS —— FY 2017-2018 —— FY 2018-2019. For the4 14 fiscal year beginning July 1, 2017, and ending June 30, 2018,4 15 and for the fiscal year beginning July 1, 2018, and ending4 16 June 30, 2019, salary adjustments otherwise provided may be4 17 funded as determined by the department of management using4 18 unappropriated moneys remaining in the department of commerce4 19 revolving fund, the gaming enforcement revolving fund, the4 20 gaming regulatory revolving fund, the primary road fund, the4 21 road use tax fund, the fish and game protection fund, the Iowa4 22 public employees’ retirement fund, and in other departmental4 23 revolving, trust, or special funds for which the general4 24 assembly has not made an operating budget appropriation.

4 25 Sec. 10. SALARY MODEL ADMINISTRATOR. The salary model4 26 administrator shall work in conjunction with the legislative4 27 services agency to maintain the state’s salary model used for4 28 analyzing, comparing, and projecting state employee salary4 29 and benefit information, including information relating to4 30 employees of the state board of regents. The department of4 31 revenue, the department of administrative services, the five4 32 institutions under the jurisdiction of the state board of4 33 regents, the judicial district departments of correctional4 34 services, and the state department of transportation shall4 35 provide salary data to the department of management and the5 1 legislative services agency to operate the state’s salary5 2 model. The format and frequency of provision of the salary5 3 data shall be determined by the department of management and5 4 the legislative services agency. The information shall be5 5 used in collective bargaining processes under chapter 20 and5 6 in calculating the funding needs contained within the annual5 7 salary adjustment legislation. A state employee organization5 8 as defined in section 20.3, subsection 4, may request

purchases of products from Iowa Prison Industries to revert to theGeneral Fund at the close of FY 2017.

DETAIL: Iowa Code section 8.62 permits departments to carry forward50.00% of the previous year’s unobligated funds from a General Fundappropriation to be used for operating purposes. The funds must beused for training and technology or purchases of products from IowaPrison Industries. This provision requires the funds to revert to theGeneral Fund at the close of FY 2017.

NOTE: The amount that State agencies carry forward from year to yearcan vary significantly. State agencies carried forward and expendedapproximately $3,800,000 of these funds in FY 2016.

Permits salary adjustment to be funded from unappropriated moneysremaining in various revolving, trust, or special funds for FY 2018 andFY 2019, for which the General Assembly has not established anoperating budget.

Requires the salary model administrator to work with the LSA tomaintain the State’s salary model. Requires various departments tosubmit salary data to the DOM and the LSA.


https://www.legis.iowa.gov/DOCS/ACO/IC/LINC/Section.8.62.pdf

5 9 information produced by the model, but the information provided5 10 shall not contain information attributable to individual5 11 employees.

5 12 Sec. 11. Section 257.35, Code 2017, is amended by adding the5 13 following new subsection:5 14 NEW SUBSECTION 11A. Notwithstanding subsection 1, and in5 15 addition to the reduction applicable pursuant to subsection5 16 2, the state aid for area education agencies and the portion5 17 of the combined district cost calculated for these agencies5 18 for the fiscal year beginning July 1, 2017, and ending June5 19 30, 2018, shall be reduced by the department of management by5 20 fifteen million dollars. The reduction for each area education5 21 agency shall be prorated based on the reduction that the agency5 22 received in the fiscal year beginning July 1, 2003.

5 23 Sec. 12. EFFECTIVE UPON ENACTMENT. The following provision5 24 or provisions of this division of this Act, being deemed of5 25 immediate importance, take effect upon enactment:5 26 1. The section of this division of this Act reverting to5 27 the general fund any unexpended or unencumbered moneys from5 28 operational appropriations.

5 29 DIVISION II5 30 MISCELLANEOUS APPROPRIATIONS

5 31 Sec. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding5 32 section 8.56, subsection 3 and 4, paragraph “a”, there is5 33 transferred from the cash reserve fund created in section 8.565 34 to the general fund of the state for the fiscal year beginning5 35 July 1, 2016, and ending June 30, 2017, the following amount:6 1 ...................................................................... $ 131,100,000

6 2 Sec. 14. APPROPRIATION TO CASH RESERVE FUND. There is6 3 appropriated from the general fund of the state to the cash6 4 reserve fund created in section 8.56 for the fiscal year6 5 beginning July 1, 2017, and ending June 30, 2018, the following6 6 amount:6 7 ...................................................................... $ 20,000,000

6 8 Sec. 15. GUBERNATORIAL TRANSITION. There is appropriated6 9 from the general fund of the state to the offices of the6 10 governor and the lieutenant governor for the fiscal year6 11 beginning July 1, 2017, and ending June 30, 2018, the following6 12 amount, or so much thereof as is necessary, to be used for the6 13 purposes designated:

CODE: Reduces the FY 2018 State school aid funding to areaeducation agencies (AEAs) by $15,000,000.

DETAIL: In addition to the $15,000,000 State aid reduction for FY2018, the AEAs have an annual statutory reduction of $7,500,000. TheState aid reduction to the AEAs will total $22,500,000 for FY 2018.

Specifies that Section 8 of this Bill pertaining to the reversion of Stateagencies' operating appropriations is effective upon enactment.

Transfers $131,100,000 from the Cash Reserve Fund to the GeneralFund for FY 2017.

FISCAL IMPACT: The transfer is necessary to bring the FY 2017General Fund budget into balance. The current balance in the CashReserve Fund, prior to this transfer, is $553,500,000. This transfer willreduce the balance to $422,400,000.

General Fund appropriation of $20,000,000 to the Cash Reserve Fundfor FY 2018.

DETAIL: The appropriation is intended to partially reimburse the CashReserve Fund for the FY 2017 transfer of $131,100,000 to the GeneralFund referenced in Section 13 of this Bill.

General Fund appropriation for FY 2018 to the Governor's Office forgubernatorial transition costs.


6 14 For expenses incurred during the gubernatorial transition:6 15 ...................................................................... $ 150,000

6 16 Sec. 16. EFFECTIVE UPON ENACTMENT. The following provision6 17 or provisions of this division of this Act, being deemed of6 18 immediate importance, take effect upon enactment:6 19 1. The section of this division of this Act transferring6 20 moneys from the cash reserve fund to the general fund of the6 21 state.

6 22 DIVISION III6 23 MISCELLANEOUS PROVISIONS

6 24 Sec. 17. Section 2.43, unnumbered paragraph 1, Code 2017,6 25 is amended to read as follows:6 26 The legislative council in cooperation with the officers of6 27 the senate and house shall have the duty and responsibility for6 28 preparing for each session of the general assembly. Pursuant6 29 to such duty and responsibility, the legislative council6 30 shall assign the use of areas in the state capitol except for6 31 the areas used by the governor as of January 1, 1986, and by6 32 the courts as of July 1, 2003, and, in consultation with the6 33 director of the department of administrative services and the6 34 capitol planning commission, may assign areas in other state6 35 office buildings for use of the general assembly or legislative7 1 agencies. The legislative council shall provide the courts7 2 with use of space in the state capitol for ceremonial purposes.7 3 The legislative council may authorize the renovation,7 4 remodeling and preparation of the physical facilities used or7 5 to be used by the general assembly or legislative agencies7 6 subject to the jurisdiction of the legislative council and7 7 award contracts pursuant to such authority to carry out such7 8 preparation. The legislative council may purchase supplies and7 9 equipment deemed necessary for the proper functioning of the7 10 legislative branch of government.

7 11 Sec. 18. Section 8A.322, subsection 2, Code 2017, is amended7 12 to read as follows:7 13 2. Except for buildings and grounds described in section7 14 216B.3, subsection 6; section 2.43, unnumbered paragraph 1; and7 15 any buildings under the custody and control of the Iowa public7 16 employees’ retirement system, the director shall assign office7 17 space at the capitol, other state buildings, and elsewhere in7 18 the city of Des Moines, and the state laboratories facility7 19 in Ankeny, for all executive and judicial state agencies.7 20 Assignments may be changed at any time. The various officers7 21 to whom rooms have been so assigned may control the same while7 22 the assignment to them is in force. Official apartments shall

Specifies that the transfer of $131,100,000 from the Cash ReserveFund to the General Fund for FY 2017 is effective upon enactment.

CODE: Removes the assignment of space to the Judicial Branch in theCapitol building and requires the Legislative Council to provide theJudicial Branch with the use of space in the State Capitol forceremonial purposes.

CODE: Makes changes to conform Iowa Code section 8A.322(2) tosection 2.43, reserving the Capitol building for use by the JudicialBranch for ceremonial purposes only.


https://www.legis.iowa.gov/docs/code/8A.322.pdf


7 23 be used only for the purpose of conducting the business of the7 24 state. The term “capitol” or “capitol building” as used in the7 25 Code shall be descriptive of all buildings upon the capitol7 26 grounds. The capitol building itself is reserved for the7 27 operations of the general assembly, and the governor, and, for7 28 ceremonial purposes, for the courts and the. The assignment7 29 and use of physical facilities for the general assembly shall7 30 be pursuant to section 2.43.

7 31 Sec. 19. Section 8C.7A, subsection 3, paragraph b,7 32 unnumbered paragraph 1, if enacted by 2017 Iowa Acts, Senate7 33 File 431, is amended to read as follows:7 34 An authority shall not require a person to apply for or7 35 enter into an individual license, franchise, or other agreement8 1 with the authority or any other entity for the siting of8 2 a small wireless facility on a utility pole located in a8 3 public right-of-way. However, an authority may, through the8 4 conditions set forth in a building permit obtained pursuant to8 5 this subsection, do any of the following:

8 6 Sec. 20.NEW SECTION 9.4A TECHNOLOGY MODERNIZATION FUND.8 7 1. A technology modernization fund is created in the state8 8 treasury under the control of the secretary of state. Moneys8 9 in the fund are appropriated to the secretary of state for8 10 purposes of modernizing technology used by the secretary of8 11 state to fulfill the duties of office.8 12 2. On and after July 1, 2017, any increased fee amount8 13 collected by the secretary of state shall be credited to the8 14 technology modernization fund. From each fee collected, the8 15 amount credited to the fund equals the difference between the8 16 fee amount collected and the amount assessed for the same fee8 17 on June 30, 2017.8 18 3. Each fiscal year, not more than two million dollars shall8 19 be credited to the fund.8 20 4. This section is repealed July 1, 2022.

8 21 Sec. 21. Section 15.329, subsection 1, paragraph f, Code8 22 2017, is amended to read as follows:8 23 f. The business shall not be a retail business or a business8 24 where entrance is limited by a cover charge or membership8 25 requirement. For purposes of this paragraph, a business8 26 operated for the purpose of fulfilling customer orders is not a8 27 retail business or a retail operation.

8 28 Sec. 22. Section 321N.4, subsection 6, Code 2017, is amended8 29 to read as follows:8 30 6. Insurance maintained under this chapter shall be8 31 provided by an insurer governed by chapter 515 or 518, or by

CODE: Amends SF 431 (Small Wireless Facility Siting Bill) to make atechnical change clarifying that the type of permit required by anauthority is not a building permit, but rather a permit that sets forthcertain conditions for siting a small wireless facility.

CODE: Creates a Technology Modernization Fund under the control ofthe Secretary of State’s Office (SOS). Moneys in the Fund areappropriated to the SOS for purposes of modernizing technology usedby the SOS to fulfill duties of the Office.

DETAIL: Beginning in FY 2018, the amount collected by the SOS fromincreased fee will be credited to the Technology Modernization Fund.The amount deposited is the difference between fee collected on orafter July 1, 2017, compared to the amount assessed for the same feeon June 30, 2017. Requires that no more than $2,000,000 will becredited to the Fund in a fiscal year. The Fund is repealed on July 1,2022 (FY 2023).

CODE: Specifies that a business operating for the purpose of fulfillingcustomer orders is not a retail business or a retail operation forpurposes of meeting eligibility requirements for the High Quality JobsProgram.

CODE: Requires primary automobile insurance coverage maintainedby a transportation network company driver or a transportation networkcompany on the driver's behalf be provided by an insurer regulatedpursuant to Iowa Code chapters 515 and 515I.


https://www.legis.iowa.gov/docs/code/515.pdf

https://www.legis.iowa.gov/docs/code/515I.pdf

8 32 a surplus lines insurer governed by chapter 515I. A surplus8 33 lines insurer that issues a policy pursuant to this section8 34 shall be considered an insurance carrier duly authorized to8 35 transact business in this state for the purposes of chapter9 1 321A.

9 2 Sec. 23. Section 481A.38, Code 2017, is amended by adding9 3 the following new subsection:9 4 NEW SUBSECTION 4. The commission shall not restrict or9 5 prohibit hunting on specific private property generally or for9 6 the hunting of a particular wild animal, so long as the person9 7 hunting on that property is otherwise qualified to hunt in9 8 this state, purchases a valid hunting license that includes9 9 the wildlife habitat fee and a valid hunting license for the9 10 type of wild animal being hunted, if applicable, and adheres to9 11 all municipal, county, state, and federal regulations that are9 12 applicable to hunting and specifically applicable to the type9 13 of wild animal being hunted, including but not limited to daily9 14 limits, possession limits, shooting hours, methods of take, and9 15 transportation of a carcass.9 16 Sec. 24. ALCOHOLIC BEVERAGE CONTROL —— STUDY.

9 17 1. It is the intent of the general assembly that the9 18 three-tiered system of regulating the alcohol beverage industry9 19 is critical to maintaining a fair and competitive marketplace.9 20 The study required by this section does not preclude the9 21 alcoholic beverages division from applying regulatory9 22 discretion that aligns with the performance of the powers and9 23 duties granted to the administrator in chapter 123.

9 24 2. The alcoholic beverages division of the department of9 25 commerce, in conjunction with other stakeholders the division9 26 deems necessary, shall conduct a study concerning enforcement9 27 issues related to alcoholic beverage control, including9 28 consideration of the manner of properly balancing appropriate9 29 regulation of the manufacturing, distribution, and sale of9 30 alcoholic liquor, wine, and beer in this state with emerging9 31 trends in the industry.9 32 3. In conducting the study, the division shall consider9 33 any other relevant issues the division identifies for study,9 34 issues relating to the three-tiered system and section 123.45,9 35 as it impacts the ability of manufacturers, wholesalers, and

10 1 retailers to meet changing marketplace conditions and business10 2 opportunities.10 3 4. By July 1, 2018, the division shall submit a final report10 4 to the general assembly. The report shall provide the results10 5 of the study including any findings and recommendations.

CODE: Prohibits the Natural Resources Commission from restricting orbanning hunting on specific private property or for the hunting of aparticular wild animal, so long as the hunter is qualified to hunt in thisState, possesses a valid hunting license that allows for the hunting ofthe particular wild animal, including the payment of a wildlife habitatfee. The individual must adhere to all municipal, county, State, andfederal regulations, including but not limited to daily limits, possessionlimits, shooting hours, methods of take, and transportation of a carcassapplicable to the hunting and type of wild animal being hunted.

Clarifies that it is the intent of the General Assembly that the systemcurrently utilized to regulate the alcoholic beverage industry, the three-tier system, is critical to maintaining a fair and competitive marketplace.The interim study established in this section precludes the IowaAlcoholic Beverages Division (IABD) from applying regulatory discretionin accordance with the powers of the Division administrator pursuant toIowa Code chapter 123.

Requires the Alcoholic Beverages Division (IABD) of the Department ofCommerce to establish an interim study committee regardingenforcement issues related to alcoholic beverage control. Thecommittee, with the support of relevant stakeholders, is charged withconsidering the manner of properly balancing the regulation, sale, anddistribution of alcoholic liquor, wine, and beer in the State. Suchconsiderations are to include any issues related to the three-tiersystem of alcohol distribution and how it impacts manufacturers,wholesalers, and retailers adapting to changing market place conditionsand opportunities. The Division will submit its findings in a report to theGeneral Assembly by July 1, 2018.


https://www.legis.iowa.gov/docs/code/123.pdf

10 6 5. During the time period of the study and consideration of10 7 the issue by the general assembly during the 2019 legislative10 8 session, if an applicant has a conflict with section 123.45,10 9 subsection 1, paragraphs “c” or “d”, the administrator may elect10 10 to defer on a final determination regarding the eligibility10 11 and issue a temporary license or permit with conditions, if10 12 applicable. In making a determination of whether to defer on a10 13 final determination, the administrator shall balance regulatory10 14 principles and practices that ensure a fair and competitive10 15 marketplace with the protections of the public interests as10 16 provided in chapter 123.

10 17 6. This section is repealed July 1, 2019.

10 18 Sec. 25. SEXUAL ABUSE EVIDENCE COLLECTION KITS. Any sexual10 19 abuse evidence collection kit identified by a jurisdictional10 20 law enforcement agency through the inventory required pursuant10 21 to 2016 Iowa Acts, chapter 1042, shall be maintained by the law10 22 enforcement agency indefinitely. A law enforcement agency in10 23 possession of any sexual abuse evidence kit identified through10 24 the inventory shall submit for analysis any kit at the request10 25 of the department of justice.

10 26 Sec. 26. REPEAL. Chapter 304A, Code 2017, is repealed.

10 27 DIVISION IV10 28 CORRECTIVE PROVISIONS

10 29 Sec. 27. Section 22.13A, subsection 5, paragraph b, as10 30 enacted by 2017 Iowa Acts, House File 291, section 51, is10 31 amended to read as follows:10 32 b. If paragraph “a”, subparagraph (1) or (2) is not

Allows the Division Administrator of the IABD to defer on a finaldetermination regarding license eligibility of an applicant, if thatapplicant has a conflict with business interests pursuant to Iowa Codesection 123.45. Deferment of a licensing decision may occur during thetime of the interim study and consideration of the issue during the2019 Legislative Session. In making a final decision, the administratoris required to balance regulatory practices and principles to ensurepublic protection and a fair, competitive market place.

This section is repealed July 1, 2019.

CODE: Requires that sexual abuse evidence collection kits identifiedduring a survey conducted by the Crime Victim Assistance Division ofthe Iowa Department of Justice (DOJ) in 2016 be maintainedindefinitely by the law enforcement agencies possessing them. The lawenforcement agencies are required to submit the kits for analysis at therequest of the DOJ.

DETAIL: House File 2420 (2016 Untested Sexual Abuse EvidenceCollection Kits Act) required the DOJ to conduct a survey of Iowa lawenforcement agencies to determine the number of untested sexualabuse evidence collection kits. A survey conducted by the DOJprovided information that there are currently 4,265 unsubmitted sexualassault kits in the State. A total of $3,000,000 in federal funds hasbeen awarded to the State of Iowa to identify the number of untestedsexual abuse evidence collection kits existing within Iowa lawenforcement agencies. The funds allow for the testing of the kits andprovide support for law enforcement investigations and prosecutionsderived from the kits tested. The Division of Criminal Investigation willcontract with private laboratories to test unsubmitted kits.

CODE: Repeals the Iowa Code chapter related to provisions thatrequire no less than one-half of one percent of the total estimated costof the construction of a State building be included for elements of finearts in the plans and specifications of the building.

CODE: Corrective provision for HF 291 (2017 Public EmploymentReform Act).

DETAIL: This Act was approved by the General Assembly on February



https://www.legis.iowa.gov/docs/publications/iactc/86.2/CH1042.pdf

10 33 consistent with the provision of a collective bargaining10 34 agreement, a state agency shall provide the individuals10 35 referenced in this subsection, as applicable, with regular11 1 reports regarding any personnel settlement agreements entered11 2 into with state employees by the state agency.

11 3 Sec. 28. Section 73A.26, as enacted by 2017 Iowa Acts,11 4 Senate File 438, section 6, is amended to read as follows:11 5 73A.26 PURPOSE.11 6 The purpose of this chapter subchapter is to provide for11 7 more economical, nondiscriminatory, neutral, and efficient11 8 procurement of construction-related goods and services by this11 9 state and political subdivisions of this state.

11 10 Sec. 29. Section 80B.19, subsection 2, if enacted by 201711 11 Iowa Acts, Senate File 509, section 22, is amended to read as11 12 follows:11 13 2. Internal training funds in the internal training11 14 clearing fund shall be administered by the academy and shall11 15 consist of moneys collected by the academy from billings issued11 16 in accordance with this chapter 80B, and any other moneys11 17 obtained or accepted by the academy, including but not limited11 18 to gifts, loans, donations, grants, and contributions, which11 19 are obtained or designated to support the activities of the11 20 academy.

11 21 Sec. 30. Section 84A.1A, subsection 1, paragraph a,11 22 subparagraph (8), subparagraph division (b), subparagraph11 23 subdivision (iii), as enacted by 2017 Iowa Acts, House File11 24 572, section 1, is amended to read as follows:11 25 (iii) Two representatives of community-based organizations11 26 that have demonstrated experience and expertise in addressing11 27 the employment, training, or education needs of individuals11 28 with barriers to employment as defined in the federal Workforce11 29 Innovation and Opportunity Act, Pub.L. No.113-128, §3(24),11 30 including but not limited to organizations that serve veterans,11 31 or that provide or support competitive, integrated employment11 32 for individuals with disabilities; or that serve eligible11 33 youth, as defined in the federal Workforce Innovation and11 34 Opportunity Act, Pub.L. No.113-128, §3(18), including11 35 representatives of organizations that serve out-of-school12 1 youth, as defined in the federal Workforce Innovation and12 2 Opportunity Act, Pub.L. No.113-128, §129(a)(1)(B).

12 3 Sec. 31. Section 225D.1, subsection 8, Code 2017, as amended12 4 by 2017 Iowa Acts, House File 215, section 1, is amended to12 5 read as follows:12 6 8. “Eligible individual” means a child less than fourteen

16, 2017, and signed by the Governor on February 17, 2017.

CODE: Corrective provision for SF 438 (Public Improvements Biddingand Contracting Act).

DETAIL: This Act was approved by the General Assembly on April 5,2017, and signed by the Governor on April 13, 2017.

CODE: Corrective provision for SF 509 (Justice System AppropriationsBill).

DETAIL: This Bill was approved by the General Assembly on April 18,2017.

CODE: Corrective provision for HF 572 (2017 Workforce DevelopmentBoard Membership and Eligibility Act).

DETAIL: This Act was approved by the General Assembly on April 3,2017, and signed by the Governor on April 13, 2017.

CODE: Corrective provision for HF 215 (2017 Health InsurancePolicies Act).

DETAIL: This Act was approved by the General Assembly on March


12 7 years of age who has been diagnosed with autism based on a12 8 diagnostic assessment of autism, is not otherwise eligible for12 9 coverage for applied behavioral analysis treatment or applied12 10 behavior analysis treatment under the medical assistance12 11 program, section 514C.28, 514C.31, or other private insurance12 12 coverage, and whose household income does not exceed five12 13 hundred percent of the federal poverty level.

12 14 Sec. 32. Section 261.9, subsection 2A, paragraph b, if12 15 enacted by 2017 Iowa Acts, House File 642, section 15, is12 16 amended to read as follows:12 17 b. Is a barber school licensed under section 158.7 or12 18 a school of cosmetology arts and sciences licensed under12 19 chapter 157 and is accredited by a national accrediting agency12 20 recognized by the United States department of education. For12 21 the fiscal year beginning July 1, 2017, an eligible institution12 22 under this paragraph shall provide a matching aggregate amount12 23 of institutional financial aid equal to at least seventy-five12 24 percent of the amount received by the institution’s students12 25 for Iowa tuition grant assistance under section 261.16A.12 26 For the fiscal year beginning July 1, 2018, the institution12 27 shall provide a matching aggregate amount of institutional12 28 financial aid equal to at least eighty-five percent of the12 29 amount received in that fiscal year. Commencing with the12 30 fiscal year beginning July 1, 2019, and each succeeding fiscal12 31 year, the matching aggregate amount of institutional financial12 32 aid shall be at least equal to the match provided by eligible12 33 institutions under section 261.16A, subsection 2 paragraph “a”.

12 34 Sec. 33. 2017 Iowa Acts, House File 488, section 57, as12 35 enacted, is amended by striking the section and inserting in13 1 lieu thereof the following:13 2 SEC. 57. Section 455B.474, subsection 2, paragraph a,13 3 subparagraph (1), Code 2017, is amended to read as follows:13 4 (1) (a) Financial responsibility required by this13 5 subsection may be established in accordance with rules adopted13 6 by the commission by any one, or any combination, of the13 7 following methods:insurance, guarantee, surety bond, letter13 8 (i) Insurance.13 9 (ii) Guarantee.13 10 (iii) Surety bond.13 11 (iv) Letterof credit, or qualification.13 12 (v) Qualificationas a self-insurer.13 13 (b) In adopting requirements under this subsection, the13 14 commission may specify policy or other contractual terms,13 15 conditions, or defenses which are necessary or are unacceptable13 16 in establishing the evidence of financial responsibility.

23, 2017, and signed by the Governor on March 30, 2017.

CODE: Corrective provision for HF 642 (Education Appropriations Bill).


CODE: Corrective provision for HF 488 (2017 Nonsubstantive CodeCorrections Act).

DETAIL: This Act was approved by the General Assembly on March23, 2017, and signed by the Governor on April 12, 2017.


13 17 Sec. 34. 2017 Iowa Acts, House File 642, section 44,13 18 subsection 1, paragraph f, unnumbered paragraph 2, if enacted,13 19 is amended to read as follows:13 20 From the moneys appropriated in this lettered paragraph13 21 “f”, not more than $50,000 shall be used by the department for13 22 expenses associated with the activities of the secondary career13 23 and technical programming task force convened pursuant to this13 24 Act to provide statewide support for work-based learning.

13 25 Sec. 35. 2017 Iowa Acts, House File 642, section 55,13 26 subsection 1, paragraph f, unnumbered paragraph 2, if enacted,13 27 is amended to read as follows:13 28 From the moneys appropriated in this lettered paragraph13 29 “f”, not more than $25,000 shall be used by the department for13 30 expenses associated with the activities of the secondary career13 31 and technical programming task force convened pursuant to this13 32 Act to provide statewide support for work-based learning.

13 33 Sec. 36. 2017 Iowa Acts, Senate File 510, section 22,13 34 subsection 1, if enacted, is amended to read as follows:13 35 1. Notwithstanding section 466A.2, and the repeal of14 1 chapter 466A as provided in this division of this Act, on and14 2 after December 31, 2017, the department of agriculture and14 3 land stewardship shall manage moneys credited to the watershed14 4 improvement fund in the same manner as required in 201614 5 Acts, chapter 1134, section 35, including by making necessary14 6 payments to satisfy any outstanding obligations incurred by the14 7 watershed improvement review board prior to December 31, 2017.

14 8 Sec. 37. EFFECTIVE UPON ENACTMENT. The following sections14 9 of this division of this Act, being deemed of immediate14 10 importance, take effect upon enactment:14 11 1. The section of this division of this Act amending section14 12 22.13A, subsection 5, paragraph “b”.14 13 2. The section of this division of this Act amending section14 14 73A.26.14 15 3. The section of this division of this Act amending14 16 section 84A.1A, subsection 1, paragraph “a”, subparagraph (8),14 17 subparagraph division (b), subparagraph subdivision (iii).

14 18 Sec. 38. EFFECTIVE DATE. The section of this division of14 19 this Act amending section 225D.1, subsection 8, takes effect14 20 January 1, 2018.

14 21 DIVISION V14 22 WEAPONS

14 23 Sec. 39. Section 724.2A, as enacted by 2017 Iowa Acts, House





CODE: Corrective provision for SF 510 (Ag and Natural ResourcesAppropriations Bill).


Provides that the following sections take effect upon enactment:

Section 27: HF 291 (2017 Public Employment Reform Act)Section 28: SF 438 (2017 Public Improvements Bidding andContracting Act)Section 30: HF 572 (2017 Workforce Development BoardMembership and Eligibility Act)

Provides that Section 31 of this Bill pertaining to HF 215 (2017 HealthInsurance Policy Act), takes effect on January 1, 2018.

CODE: Removes the language that a peace officer means a certified


14 24 File 517, section 5, is amended to read as follows:14 25 724.2A PEACE OFFICER AND RESERVE PEACE OFFICER —— DEFINED.14 26 As used in sections 724.4, 724.6, and 724.11, “peace officer”14 27 means a certified “peace officer” and includes a reserve peace14 28 officer as defined in section 80D.1A.

14 29 Sec. 40. Section 724.4C, subsection 1, unnumbered paragraph14 30 1, as enacted by 2017 Iowa Acts, House File 517, section 8, is14 31 amended to read as follows:14 32 Except as provided in subsection 2, a person commits a14 33 serious misdemeanor if the person is intoxicated as provided14 34 under the conditions set out in section 321J.2, subsection14 35 1, paragraph “a”, “b”, or “c”, and the person does any of the15 1 following:15 2 Sec. 41. Section 724.17, subsection 1, as enacted by 201715 3 Iowa Acts, House File 517, section 22, is amended to read as15 4 follows:

15 5 1. The application for a permit to acquire pistols or15 6 revolvers may be made to the sheriff of the county of the15 7 applicant’s residence and shall be on a form prescribed15 8 and published by the commissioner of public safety. The15 9 application shall require only the full name of the applicant,15 10 the driver’s license or nonoperator’s identification card15 11 number of the applicant, the residence of the applicant, and15 12 the date and place of birth of the applicant, and whether the15 13 applicant meets the criteria specified in section 724.15.15 14 The applicant shall also display an identification card that15 15 bears a distinguishing number assigned to the cardholder, the15 16 full name, date of birth, sex, residence address, and brief15 17 description and color photograph of the cardholder, or other15 18 identification as specified by rule of the department of public15 19 safety. The sheriff shall conduct a criminal history check15 20 concerning each applicant by obtaining criminal history data15 21 from the department of public safety which shall include an15 22 inquiry of the national instant criminal background check15 23 system maintained by the federal bureau of investigation or any15 24 successor agency. A person who makes what the person knows15 25 to be a false statement of material fact on an application15 26 submitted under this section or who submits what the person15 27 knows to be any materially falsified or forged documentation in15 28 connection with such an application commits a class “D” felony.

15 29 Sec. 42. Section 724.22, subsection 9, as enacted by 201715 30 Iowa Acts, House File 517, section 29, is amended to read as15 31 follows:15 32 9. A parent, guardian, spouse, or instructor, who knowingly15 33 provides direct supervision under subsection 5, of a person

peace officer in the definition of peace officer.

CODE: Adds language to Iowa Code section 724.4C relating to thepossession or carrying of dangerous weapons while under theinfluence. Specifies that subsections a, b, and c of Iowa Code section321J.2 apply to this provision.

CODE: Adds language to Iowa Code section 724.17 requiring a permitapplicant for a pistol or revolver to also meet the criteria specified inIowa Code section 724.15. Criteria specified in Iowa Code section724.15 includes that a person be over 21 years of age; not be subjectto provisions of Iowa Code section 724.26 dealing with possession,receipt, transportation, or dominion and control of firearms, offensiveweapons, and ammunition by felons and other; or be prohibited byfederal law from shipping, transporting, possessing, or receiving afirearm.

CODE: Adds language to Iowa Code section 724.22(9) relating topersons under the age of 21 and the possession of firearms. HouseFile 517 (Weapons Omnibus Act) added language to Iowa Codesection 724.22 stating that a parent, guardian, spouse, or instructorcommits child endangerment if they knowingly provide direct


https://www.legis.iowa.gov/docs/code/724.4C.pdf

https://www.legis.iowa.gov/docs/code/321J.pdf







15 34 while intoxicated as provided under the conditions set out15 35 in section 321J.2, subsection 1, or under the influence of16 1 an illegal drug paragraph “a”, “b”, or “c”, commits child16 2 endangerment in violation of section 726.6, subsection 1,16 3 paragraph “i”.

16 4 Sec. 43. Section 726.6, subsection 1, paragraph i, as16 5 enacted by 2017 Iowa Acts, House File 517, section 30, is16 6 amended to read as follows:16 7 i. Knowingly provides direct supervision of a person under16 8 section 724.22, subsection 5, while intoxicated as provided16 9 under the conditions set out in section 321J.2, subsection 1,16 10 or under the influence of an illegal drug paragraph “a”, “b”,16 11 or “c”.

16 12 Sec. 44. 2017 Iowa Acts, House File 517, section 50,16 13 subsection 1, as enacted, is amended to read as follows:16 14 1. The section sections of this Act amending section16 15 sections 724.22 and 726.6.

16 16 Sec. 45. REPEAL. 2017 Iowa Acts, House File 517, section16 17 16, as enacted, is repealed.

16 18 Sec. 46. EFFECTIVE UPON ENACTMENT. The section of this16 19 division of this Act amending 2017 Iowa Acts, House File 517,16 20 section 50, subsection 1, being deemed of immediate importance,16 21 takes effect upon enactment.16 22 Sec. 47. RETROACTIVE APPLICABILITY. The section of this16 23 division of this Act amending 2017 Iowa Acts, House File 517,16 24 section 50, subsection 1, applies retroactively to April 13,16 25 2017.

16 26 DIVISION VI16 27 VAPOR AND ALTERNATIVE NICOTINE PRODUCTS —— TAX

16 28 Sec. 48. Section 453A.1, Code 2017, is amended by adding the

supervision of a minor under the age of 21 possessing a firearm, whileintoxicated as provided under Iowa Code section 321J.2, subsection 1.Specifies that subsections a, b, and c of Iowa section 321J.2(1) applyto this provision and deletes the language “or under the influence of anillegal drug."

CODE: Adds language to Iowa Code section 726.6, subsection 1,dealing with child endangerment. House File 517 (Weapons OmnibusAct) added a new condition stating that a person commits childendangerment if the person knowingly provides direct supervision of aminor under the age of 21 under Iowa Code section 724.22,subsection 5, while intoxicated as provided under the conditions setout in section 321J.2, subsection 1 or under the influence of an illegaldrug . Section 43 of this Bill specifies that paragraphs a, b, or c undersubsection 1 of Iowa Code section 321J.2 applies to this provision anddeletes the language “or under the influence of an illegal drug.”

Adds language that the section of HF 517 (Weapons Omnibus Act)amending Iowa Code section 726.6 (child endangerment) shall also beeffective upon enactment.

DETAIL: House File 517 (Weapons Omnibus Act) was approved bythe General Assembly on April 7, 2017, and signed by the Governoron April 13, 2017.

CODE: Repeals a provision of House File 517 that awarded court costsand reasonable attorney fees to an applicant or permit holder whoseapplication was denied or permit was suspended or revoked underIowa Code section 724.21A. Under this repealed provision, if thedecision of the sheriff or commissioner were to be upheld on appeal,the political subdivision of the state representing the sheriff or thecommissioner is awarded court costs and reasonable attorney fees.

Specifies that the section of this Bill amending HF 517 (WeaponsOmnibus Act) is effective upon enactment and applies retroactively toApril 13, 2017.

CODE: This Division defines the term “delivery sale” for alternative









https://www.legis.iowa.gov/docs/code/724.21A.pdf

16 29 following new subsection:16 30 NEW SUBSECTION 7A. “Delivery sale” means any sale of16 31 an alternative nicotine product or a vapor product to a16 32 purchaser in this state where the purchaser submits the order16 33 for such sale by means of a telephonic or other method of16 34 voice transmission, mail or any other delivery service, or the16 35 internet or other online service and the alternative nicotine17 1 product or vapor product is delivered by use of mail or a17 2 delivery service. The sale of an alternative nicotine product17 3 or vapor product shall constitute a delivery sale regardless of17 4 whether the seller is located in this state. “Delivery sale”17 5 does not include a sale to a distributor or retailer of any17 6 alternative nicotine product or vapor product not for personal17 7 consumption.17 8 Sec. 49. Section 453A.1, subsection 20, Code 2017, is17 9 amended to read as follows:17 10 20. “Place of business” is construed to mean and include any17 11 place where cigarettes are sold or where cigarettes are stored17 12 within or without the state of Iowa by the holder of an Iowa17 13 permit or kept for the purpose of sale or consumption; or if17 14 sold from any vehicle or train, the vehicle or train on which17 15 or from which such cigarettes are sold shall constitute a place17 16 of business; or for a business within or without the state that17 17 conducts delivery sales, any place where alternative nicotine17 18 products or vapor products are sold or where alternative17 19 nicotine products or vapor products are kept for the purpose17 20 of sale.17 21 Sec. 50. Section 453A.13, subsection 1, Code 2017, is17 22 amended to read as follows:17 23 1. PERMITS REQUIRED. Every distributor, wholesaler,17 24 cigarette vendor, and retailer, now engaged or who desires to17 25 become engaged in the sale or use of cigarettes, upon which a17 26 tax is required to be paid, and every retailer now engaged or17 27 who desires to become engaged in selling, offering for sale, or17 28 distributing alternative nicotine products or vapor products,17 29 including through delivery sales, shall obtain a state or17 30 retail permit as a distributor, wholesaler, cigarette vendor,17 31 or retailer, as the case may be.17 32 Sec. 51. Section 453A.13, subsection 2, paragraph a, Code17 33 2017, is amended to read as follows:17 34 a. The department shall issue state permits to distributors,17 35 wholesalers, and cigarette vendors and retailers that make18 1 delivery sales of alternative nicotine products and vapor18 2 products subject to the conditions provided in this division.18 3 If an out-of-state retailer makes delivery sales of alternative18 4 nicotine products or vapor products, an application shall be18 5 filed with the department and a permit shall be issued for the18 6 out-of-state retailer’s principal place of business. Cities

nicotine and vapor products and subjects delivery sales to thesales/use tax.

A delivery sale is defined as any sale where the purchaser submits theorder by telephonic or other voice transmission, through the internet orother online method, or by mail, and the product is delivered by mail orother delivery service. A delivery sale occurs whether the seller iswithin the State or outside of the State. Businesses engaged indelivery sales are required to obtain retail, wholesale, and vendorpermits.

FISCAL IMPACT: This provision subjects alternative nicotine productand vapor sales made through nontraditional retail processes toexisting permit fees and the sales/use tax. The State Sales/use taxrate is 6.00%, with one percentage point of that tax rate dedicated tolocal school infrastructure funding and the remaining five percentagepoints benefiting the State General Fund. The revenue increase to theGeneral Fund is as follows:

FY 2018: $765,000FY 2019: $935,000FY 2020: $1,145,000FY 2021: $1,400,000FY 2022: $1,715,000

The revenue increase to school infrastructure is as follows:

FY 2018: $153,000FY 2019: $187,000FY 2020: $229,000FY 2021: $280,000FY 2022: $343,000

The additional revenue is projected to continue past FY 2022.


18 7 may issue retail permits to dealers retailers with a place of18 8 business located within their respective limits. County boards18 9 of supervisors may issue retail permits to dealers retailers18 10 with a place of business in their respective counties, outside18 11 of the corporate limits of cities.18 12 Sec. 52. Section 453A.42, Code 2017, is amended by adding18 13 the following new subsection:18 14 NEW SUBSECTION 2A. “Delivery sale” means any sale of18 15 an alternative nicotine product or a vapor product to a18 16 purchaser in this state where the purchaser submits the order18 17 for such sale by means of a telephonic or other method of18 18 voice transmission, mail or any other delivery service, or the18 19 internet or other online service and the alternative nicotine18 20 product or vapor product is delivered by use of mail or a18 21 delivery service. The sale of an alternative nicotine product18 22 or vapor product shall constitute a delivery sale regardless of18 23 whether the seller is located in this state. “Delivery sale”18 24 does not include a sale to a distributor or retailer of any18 25 alternative nicotine product or vapor product not for personal18 26 consumption.18 27 Sec. 53. Section 453A.42, subsection 8, Code 2017, is18 28 amended to read as follows:18 29 8. “Place of business” means any place where tobacco18 30 products are sold or where tobacco products are manufactured,18 31 stored, or kept for the purpose of sale or consumption,18 32 including any vessel, vehicle, airplane, train, or vending18 33 machine; or for a business within or without the state that18 34 conducts delivery sales, any place where alternative nicotine18 35 products or vapor products are sold or where alternative19 1 nicotine products or vapor products are kept for the purpose of19 2 sale, including delivery sales.19 3 Sec. 54. Section 453A.47A, subsections 1, 3, and 6, Code19 4 2017, are amended to read as follows:19 5 1. PERMITS REQUIRED. A person shall not engage in19 6 the business of a retailer of tobacco, tobacco products,19 7 alternative nicotine products, or vapor products at any place19 8 of business, or through delivery sales, without first having19 9 received a permit as a retailer.19 10 3. NUMBER OF PERMITS. An application shall be filed and a19 11 permit obtained for each place of business owned or operated by19 12 a retailer located in the state. If an out-of-state retailer19 13 makes delivery sales of alternative nicotine products or vapor19 14 products, an application shall be filed with the department19 15 and a permit shall be issued for the out-of-state retailer’s19 16 principal place of business.19 17 6. ISSUANCE. Cities shall may issue retail permits to19 18 retailers located within their respective limits. County19 19 boards of supervisors shall may issue retail permits to


19 20 retailers located in their respective counties, outside of the19 21 corporate limits of cities. The city or county shall submit a19 22 duplicate of any application for a retail permit and any retail19 23 permit issued by the entity under this section to the alcoholic19 24 beverages division of the department of commerce within thirty19 25 days of issuance. The alcoholic beverages division of the19 26 department of commerce shall submit the current list of all19 27 retail permits issued to the Iowa department of public health19 28 by the first day of each quarter of a state fiscal year.19 29 Sec. 55.NEW SECTION 453A.47B REQUIREMENTS FOR MAILING OR19 30 SHIPPING —— ALTERNATIVE NICOTINE PRODUCTS OR VAPOR PRODUCTS.19 31 1. A retailer shall not mail, ship, or otherwise cause to19 32 be delivered any alternative nicotine product or vapor product19 33 in connection with a delivery sale unless all of the following19 34 apply:19 35 a. Prior to sale to the purchaser, the retailer verifies20 1 that the purchaser is at least eighteen years of age through or20 2 by one of the following:20 3 (1) A commercially available database, or aggregate of20 4 databases, that is regularly used by government and businesses20 5 for the purpose of age and identity verification.20 6 (2) Obtaining a copy of a valid government-issued document20 7 that provides the name, address, and date of birth of the20 8 purchaser.20 9 b. The retailer uses a method of mailing, shipping, or20 10 delivery that requires the signature of a person who is at20 11 least eighteen years of age before the shipping package is20 12 released to the purchaser.20 13 Sec. 56.NEW SECTION 453A.47C SALES AND USE TAX ON20 14 DELIVERY SALES —— ALTERNATIVE NICOTINE PRODUCTS OR VAPOR20 15 PRODUCTS.20 16 1. A delivery sale of alternative nicotine products or vapor20 17 products within this state shall be subject to the sales tax20 18 provided in chapter 423, subchapter II.20 19 2. The use in this state of alternative nicotine products20 20 or vapor products purchased for use in this state through a20 21 delivery sale shall be subject to the use tax provided in20 22 chapter 423, subchapter III.20 23 3. A retailer required to possess or possessing a permit20 24 under section 453A.13 or 453A.47A to make delivery sales of20 25 alternative nicotine products or vapor products within this20 26 state shall be deemed to have waived all claims that such20 27 retailer lacks physical presence within this state for purposes20 28 of collecting and remitting sales and use tax.20 29 4. A retailer making taxable delivery sales of alternative20 30 nicotine products or vapor products within this state shall20 31 remit to the department all sales and use tax due on such sales20 32 at the times and in the manner provided by chapter 423.


20 33 5. The director shall adopt rules pursuant to chapter 17A to20 34 administer this section.

20 35 DIVISION VII21 1 BALLOT ARRANGEMENT FOR CERTAIN PARTISAN OFFICES

21 2 Sec. 57. Section 49.31, subsection 1, Code 2017, is amended21 3 to read as follows:21 4 1. a. All ballots shall be arranged with the names of21 5 candidates for each office listed below the office title.21 6 For partisan elections the name of the political party or21 7 organization which nominated each candidate shall be listed21 8 after or below each candidate’s name.21 9 b. (1) The commissioner shall determine the order of21 10 political parties and nonparty political organizations on the21 11 ballot as provided under this paragraph “b”. The sequence shall21 12 be the same for each office on the ballot and for each precinct21 13 in the county voting in the election. The commissioner shall21 14 arrange the ballot so that the candidates of each political21 15 party, as defined in section 43.2, for each partisan office21 16 appearing on the ballot shall appear in descending order so21 17 that the candidates of the political party whose registered21 18 voters voted in the greatest number in the commissioner’s21 19 county at the preceding election described in section 39.921 20 shall appear first on the ballot, and the candidates of the21 21 political party whose registered voters voted in the next21 22 greatest number in the commissioner’s county at such election21 23 appear next on the ballot, and continuing in descending order21 24 in the same manner.21 25 (2) The commissioner shall determine the number of21 26 registered voters from each political party who voted at each21 27 election described in section 39.9 after the state registrar21 28 has updated information on participation pursuant to section21 29 48A.38, subsection 2, following such an election.21 30 (3) If the number of registered voters from two or more21 31 political parties voted in the same number in the county, the21 32 commissioner shall determine the order of arranging political21 33 party candidates for those political parties based upon the21 34 numbers of registered voters who voted in the most recent21 35 election described in section 39.9 for which the number of22 1 registered voters from those political parties who voted in22 2 such an election were different.22 3 c. The commissioner shall determine the order of nonparty22 4 political organizations on the ballot. The sequence shall be22 5 the same for each office on the ballot and for each precinct in22 6 the county voting in the election.22 7 Sec. 58. Section 49.31, subsection 2, paragraph b, Code22 8 2017, is amended to read as follows:

CODE: Requires a county auditor to arrange the names on a ballot indescending order, with the candidates of the political party with thehighest voter turnout from the preceding election to be listed first onthe ballot, the political party with the next highest turnout to be listednext on the ballot, and continuing in descending order in the samemanner. The order will be the same for each office on the ballot andfor each precinct in the county voting in the election.


22 9 b. The Notwithstanding any provision of subsection 1,22 10 paragraph “b”, to the contrary, the commissioner shall then22 11 arrange the surnames of each political party’s candidates for22 12 each office to which two or more persons are to be elected at22 13 large alphabetically for the respective offices for the first22 14 precinct on the list; thereafter, for each political party and22 15 for each succeeding precinct, the names appearing first for22 16 the respective offices in the last preceding precinct shall22 17 be placed last, so that the names that were second before the22 18 change shall be first after the change. The commissioner may22 19 also rotate the names of candidates of a political party in the22 20 reverse order of that provided in this subsection or alternate22 21 the rotation so that the candidates of different parties shall22 22 not be paired as they proceed through the rotation. The22 23 procedure for arrangement of names on ballots provided in this22 24 section shall likewise be substantially followed in elections22 25 in political subdivisions of less than a county.


Standing Appropriations BillGeneral Fund

LSA: Standing - Sen Floor 4-18-17 4/20/20178:50 PM

Actual Estimated Net Rev Gov Rec Senate Standings Senate StandingsFY 2016 FY 2017 FY 2018 Current Law SF 516 Total Current Law SF 516 Total

Administrative Services, Department ofFederal Cash Management - Standing 2,626$ 6,587$ 54,182$ 54,182$ 0$ 54,182$ 54,182$ 0$ 54,182$ Unemployment Compensation - Standing 941,005 424,982 421,655 421,655 0 421,655 421,655 0 421,655

Total Administrative Services, Department of 943,631$ 431,569$ 475,837$ 475,837$ 0$ 475,837$ 475,837$ 0$ 475,837$

Education, Department ofState Foundation School Aid 2,952,004,924$ 3,089,641,100$ 3,183,743,218$ 3,198,743,218$ -15,000,000 3,183,743,218$ 0$ 0 0$ Nonpublic School Transportation 8,560,931 8,282,701 8,197,091 10,600,000 -2,402,909 8,197,091 10,600,000 -2,402,909 8,197,091 Sac Fox Settlement Education 100,000 96,250 95,750 100,000 -4,250 95,750 100,000 -4,250 95,750 Instructional Support 0 0 0 14,800,000 -14,800,000 0 14,800,000 0 14,800,000

Total Education, Department of 2,960,665,855$ 3,098,020,051$ 3,192,036,059$ 3,224,243,218$ -32,207,159$ 3,192,036,059$ 25,500,000$ -2,407,159$ 23,092,841$

Executive CouncilCourt Costs 170,657$ 59,772$ 57,232$ 57,232$ 0$ 57,232$ 57,232$ 0$ 57,232$ Public Improvements 0 10,000 9,575 9,575 0 9,575 9,575 0 9,575 Drainage Assessment 125,792 20,227 19,367 19,367 0 19,367 19,367 0 19,367

Total Executive Council 296,450$ 89,999$ 86,174$ 86,174$ 0$ 86,174$ 86,174$ 0$ 86,174$

Legislative BranchLegislative Branch 35,647,716$ 32,260,000$ 32,260,000$ 32,260,000$ -400,000$ 31,860,000$ 32,260,000$ 0$ 32,260,000$

Total Legislative Branch 35,647,716$ 32,260,000$ 32,260,000$ 32,260,000$ -400,000$ 31,860,000$ 32,260,000$ 0$ 32,260,000$

Governor/Lt. Governor's OfficeGovernor's Transition Costs 0$ 0$ 0$ 0$ 150,000$ 150,000$ 0$ 0$ 0$

Total Governor/Lt. Governor's Office 0$ 0$ 0$ 0$ 150,000$ 150,000$ 0$ 0$ 0$

Management, Department ofTechnology Reinvestment Fund 0$ 0$ 0$ 0$ 0$ 0$ 17,500,000$ 0$ 17,500,000$ Technology Reinvest. Fund - Reduction 0 0 0 0 0 0 0 0 0 Appeal Board Claims 7,134,300 2,967,994 3,000,000 3,000,000 0 3,000,000 3,000,000 0 3,000,000 Special Olympics Fund 100,000 100,000 100,000 100,000 0 100,000 100,000 0 100,000 Cash Reserve Appropriation 0 0 0 0 20,000,000 20,000,000 0 0 0

Total Management, Department of 7,234,300$ 3,067,994$ 3,100,000$ 3,100,000$ 20,000,000$ 23,100,000$ 20,600,000$ 0$ 20,600,000$

Public Defense, Department ofCompensation and Expense 156,146$ 344,644$ 342,556$ 342,556$ 0$ 342,556$ 342,556$ 0$ 342,556$

Total Public Defense, Department of 156,146$ 344,644$ 342,556$ 342,556$ 0$ 342,556$ 342,556$ 0$ 342,556$

Public Safety, Department ofDPS-POR Unfunded Liabilities 5,000,000$ 2,500,000$ 5,000,000$ 5,000,000$ 0$ 5,000,000$ 5,000,000$ 0$ 5,000,000$

Total Public Safety, Department of 5,000,000$ 2,500,000$ 5,000,000$ 5,000,000$ 0$ 5,000,000$ 5,000,000$ 0$ 5,000,000$

Revenue, Department ofHomestead Tax Credit Aid - GF 135,367,165$ 135,071,538$ 135,071,538$ 135,071,538$ 0$ 135,071,538$ 136,435,761$ 0$ 136,435,761$ Elderly & Disabled Tax Credit 24,693,208 24,690,028 24,690,028 24,690,028 0 24,690,028 25,065,934 0 25,065,934 Ag Land Tax Credit - GF 39,100,000 39,100,000 39,100,000 39,100,000 0 39,100,000 39,100,000 0 39,100,000 Military Service Tax Exemption 1,962,031 1,961,234 1,961,234 1,961,234 0 1,961,234 1,904,162 0 1,904,162 Comm & Industrial Prop Tax Replacement 151,263,388 152,114,544 152,114,544 152,114,544 0 152,114,544 152,114,544 0 152,114,544 Business Property Tax Credit 100,000,000 125,000,000 125,000,000 125,000,000 0 125,000,000 125,000,000 0 125,000,000

Total Revenue, Department of 452,385,791$ 477,937,344$ 477,937,344$ 477,937,344$ 0$ 477,937,344$ 479,620,401$ 0$ 479,620,401$

Unassigned Standings 3,462,329,889$ 3,614,651,601$ 3,711,237,970$ 3,743,445,129$ -12,457,159$ 3,730,987,970$ 563,884,968$ -2,407,159$ 561,477,809$

FY 2018 FY 2019

last action: standing appropriations bill senate floor ... · senate floor april 20, 2017 fiscal...

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