BillCam

Senate File 516 - Introduced

SENATE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1198) A BILL FOR 1 An Act relating to state and local finances by making 2 appropriations, providing for legal and regulatory 3 responsibilities, concerning taxation, and providing for 4 other properly related matters, and including effective date 5 and retroactive applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2689SV (3) 87 tm/rn PAG LIN 1 1 DIVISION I 1 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 year 1 5 beginning July 1, 2018, on or before October 1, 2017, in lieu 1 6 of the information specified in section 8.23, subsection 1 7 1, unnumbered paragraph 1, and section 8.23, subsection 1, 1 8 paragraph "a", all departments and establishments of the 1 9 government shall transmit to the director of the department 1 10 of management, on blanks to be furnished by the director, 1 11 estimates of their expenditure requirements, including every 1 12 proposed expenditure, for the ensuing fiscal year, together 1 13 with supporting data and explanations as called for by the 1 14 director of the department of management after consultation 1 15 with the legislative services agency. 1 16 2. The estimates of expenditure requirements shall be 1 17 in a form specified by the director of the department of 1 18 management, and the expenditure requirements shall include all 1 19 proposed expenditures and shall be prioritized by program or 1 20 the results to be achieved. The estimates shall be accompanied 1 21 by performance measures for evaluating the effectiveness of the 1 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 year 1 25 beginning July 1, 2019, on or before October 1, 2018, in lieu 1 26 of the information specified in section 8.23, subsection 1 27 1, unnumbered paragraph 1, and section 8.23, subsection 1, 1 28 paragraph "a", all departments and establishments of the 1 29 government shall transmit to the director of the department 1 30 of management, on blanks to be furnished by the director, 1 31 estimates of their expenditure requirements, including every 1 32 proposed expenditure, for the ensuing fiscal year, together 1 33 with supporting data and explanations as called for by the 1 34 director of the department of management after consultation 1 35 with the legislative services agency. 2 1 2. The estimates of expenditure requirements shall be 2 2 in a form specified by the director of the department of 2 3 management, and the expenditure requirements shall include all 2 4 proposed expenditures and shall be prioritized by program or 2 5 the results to be achieved. The estimates shall be accompanied 2 6 by performance measures for evaluating the effectiveness of the 2 7 programs or results. 2 8 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS ==== FY 2 9 2017=2018. Notwithstanding the standing appropriations 2 10 in the following designated sections for the fiscal year 2 11 beginning July 1, 2017, and ending June 30, 2018, the amounts 2 12 appropriated from the general fund of the state pursuant to 2 13 these sections for the following designated purposes shall not 2 14 exceed the following amounts: 2 15 1. For payment of claims for nonpublic school 2 16 transportation under section 285.2: 2 17 .................................................. $ 8,197,091 2 18 If total approved claims for reimbursement for nonpublic 2 19 school pupil transportation exceed the amount appropriated in 2 20 accordance with this subsection, the department of education 2 21 shall prorate the amount of each approved claim. 2 22 2. For distribution for the tribal council of the Sac and 2 23 Fox Indian settlement for educating American Indian children 2 24 under section 256.30: 2 25 .................................................. $ 95,750 2 26 Sec. 4. LIMITATIONS OF STANDING APPROPRIATIONS ==== FY 2 27 2018=2019. Notwithstanding the standing appropriations 2 28 in the following designated sections for the fiscal year 2 29 beginning July 1, 2018, and ending June 30, 2019, the amounts 2 30 appropriated from the general fund of the state pursuant to 2 31 these sections for the following designated purposes shall not 2 32 exceed the following amounts: 2 33 1. For payment of claims for nonpublic school 2 34 transportation under section 285.2: 2 35 .................................................. $ 8,197,091 3 1 If total approved claims for reimbursement for nonpublic 3 2 school pupil transportation exceed the amount appropriated in 3 3 accordance with this subsection, the department of education 3 4 shall prorate the amount of each approved claim. 3 5 2. For distribution for the tribal council of the Sac and 3 6 Fox Indian settlement for educating American Indian children 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 the 3 11 expenses of the general assembly and legislative agencies for 3 12 the fiscal year beginning July 1, 2017, and ending June 30, 3 13 2018, are reduced by the following amount: 3 14 .................................................. $ 400,000 3 15 2. The budgeted amounts for the general assembly and 3 16 legislative agencies for the fiscal year beginning July 1, 3 17 2017, may be adjusted to reflect the unexpended budgeted 3 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 appropriated 3 21 pursuant to section 2.12. 3 22 4. Costs for out=of=state travel and per diems for 3 23 out=of=state travel shall not be paid from moneys appropriated 3 24 pursuant to section 2.12. 3 25 Sec. 6. INSTRUCTIONAL SUPPORT STATE AID ==== FY 2017=2018. In 3 26 lieu of the appropriation provided in section 257.20, 3 27 subsection 2, the appropriation for the fiscal year 3 28 beginning July 1, 2017, and ending June 30, 2018, for paying 3 29 instructional support state aid under section 257.20 for such 3 30 fiscal years is zero. 3 31 Sec. 7. SPECIAL FUNDS ==== SALARY ADJUSTMENTS ==== FY 2017=2018 3 32 ==== FY 2018=2019. For the fiscal year beginning July 1, 2017, 3 33 and ending June 30, 2018, and for the fiscal year beginning 3 34 July 1, 2018, and ending June 30, 2019, salary adjustments may 3 35 be funded using departmental revolving, trust, or special funds 4 1 for which the general assembly has established an operating 4 2 budget, provided that doing so does not exceed the operating 4 3 budget established by the general assembly. 4 4 Sec. 8. OPERATIONAL APPROPRIATIONS ==== REVERSION ==== FY 4 5 2016=2017. Notwithstanding section 8.62, at the close of 4 6 the fiscal year beginning July 1, 2016, and ending June 30, 4 7 2017, any balance of an operational appropriation that remains 4 8 unexpended or unencumbered shall not be encumbered or deposited 4 9 in the cash reserve fund as provided in section 8.62, but shall 4 10 instead revert to the general fund of the state at the close of 4 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 the 4 14 fiscal year beginning July 1, 2017, and ending June 30, 2018, 4 15 and for the fiscal year beginning July 1, 2018, and ending 4 16 June 30, 2019, salary adjustments otherwise provided may be 4 17 funded as determined by the department of management using 4 18 unappropriated moneys remaining in the department of commerce 4 19 revolving fund, the gaming enforcement revolving fund, the 4 20 gaming regulatory revolving fund, the primary road fund, the 4 21 road use tax fund, the fish and game protection fund, the Iowa 4 22 public employees' retirement fund, and in other departmental 4 23 revolving, trust, or special funds for which the general 4 24 assembly has not made an operating budget appropriation. 4 25 Sec. 10. SALARY MODEL ADMINISTRATOR. The salary model 4 26 administrator shall work in conjunction with the legislative 4 27 services agency to maintain the state's salary model used for 4 28 analyzing, comparing, and projecting state employee salary 4 29 and benefit information, including information relating to 4 30 employees of the state board of regents. The department of 4 31 revenue, the department of administrative services, the five 4 32 institutions under the jurisdiction of the state board of 4 33 regents, the judicial district departments of correctional 4 34 services, and the state department of transportation shall 4 35 provide salary data to the department of management and the 5 1 legislative services agency to operate the state's salary 5 2 model. The format and frequency of provision of the salary 5 3 data shall be determined by the department of management and 5 4 the legislative services agency. The information shall be 5 5 used in collective bargaining processes under chapter 20 and 5 6 in calculating the funding needs contained within the annual 5 7 salary adjustment legislation. A state employee organization 5 8 as defined in section 20.3, subsection 4, may request 5 9 information produced by the model, but the information provided 5 10 shall not contain information attributable to individual 5 11 employees. 5 12 Sec. 11. Section 257.35, Code 2017, is amended by adding the 5 13 following new subsection: 5 14 NEW SUBSECTION. 11A. Notwithstanding subsection 1, and in 5 15 addition to the reduction applicable pursuant to subsection 5 16 2, the state aid for area education agencies and the portion 5 17 of the combined district cost calculated for these agencies 5 18 for the fiscal year beginning July 1, 2017, and ending June 5 19 30, 2018, shall be reduced by the department of management by 5 20 fifteen million dollars. The reduction for each area education 5 21 agency shall be prorated based on the reduction that the agency 5 22 received in the fiscal year beginning July 1, 2003. 5 23 Sec. 12. EFFECTIVE UPON ENACTMENT. The following provision 5 24 or provisions of this division of this Act, being deemed of 5 25 immediate importance, take effect upon enactment: 5 26 1. The section of this division of this Act reverting to 5 27 the general fund any unexpended or unencumbered moneys from 5 28 operational appropriations. 5 29 DIVISION II 5 30 MISCELLANEOUS APPROPRIATIONS 5 31 Sec. 13. TRANSFER FROM CASH RESERVE FUND. Notwithstanding 5 32 section 8.56, subsections 3 and 4, there is transferred from 5 33 the cash reserve fund created in section 8.56 to the general 5 34 fund of the state for the fiscal year beginning July 1, 2016, 5 35 and ending June 30, 2017, the following amount: 6 1 .................................................. $131,100,000 6 2 Sec. 14. APPROPRIATION TO CASH RESERVE FUND. There is 6 3 appropriated from the general fund of the state to the cash 6 4 reserve fund created in section 8.56 for the fiscal year 6 5 beginning July 1, 2017, and ending June 30, 2018, the following 6 6 amount: 6 7 .................................................. $ 20,000,000 6 8 Sec. 15. GUBERNATORIAL TRANSITION. There is appropriated 6 9 from the general fund of the state to the offices of the 6 10 governor and the lieutenant governor for the fiscal year 6 11 beginning July 1, 2017, and ending June 30, 2018, the following 6 12 amount, or so much thereof as is necessary, to be used for the 6 13 purposes designated: 6 14 For expenses incurred during the gubernatorial transition: 6 15 .................................................. $ 150,000 6 16 Sec. 16. EFFECTIVE UPON ENACTMENT. The following provision 6 17 or provisions of this division of this Act, being deemed of 6 18 immediate importance, take effect upon enactment: 6 19 1. The section of this division of this Act transferring 6 20 moneys from the cash reserve fund to the general fund of the 6 21 state. 6 22 DIVISION III 6 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 of 6 27 the senate and house shall have the duty and responsibility for 6 28 preparing for each session of the general assembly. Pursuant 6 29 to such duty and responsibility, the legislative council 6 30 shall assign the use of areas in the state capitol except for 6 31 the areas used by the governor as of January 1, 1986, and by and, in consultation with the 6 33 director of the department of administrative services and the 6 34 capitol planning commission, may assign areas in other state 6 35 office buildings for use of the general assembly or legislative 7 1 agencies. The legislative council shall provide the courts 7 3 The legislative council may authorize the renovation, 7 4 remodeling and preparation of the physical facilities used or 7 5 to be used by the general assembly or legislative agencies 7 6 subject to the jurisdiction of the legislative council and 7 7 award contracts pursuant to such authority to carry out such 7 8 preparation. The legislative council may purchase supplies and 7 9 equipment deemed necessary for the proper functioning of the 7 10 legislative branch of government. 7 11 Sec. 18. Section 8A.322, subsection 2, Code 2017, is amended 7 12 to read as follows: 7 13 2. Except for buildings and grounds described in section 7 14 216B.3, subsection 6; section 2.43, unnumbered paragraph 1; and 7 15 any buildings under the custody and control of the Iowa public 7 16 employees' retirement system, the director shall assign office 7 17 space at the capitol, other state buildings, and elsewhere in 7 18 the city of Des Moines, and the state laboratories facility 7 19 in Ankeny, for all executive and judicial state agencies. 7 20 Assignments may be changed at any time. The various officers 7 21 to whom rooms have been so assigned may control the same while 7 22 the assignment to them is in force. Official apartments shall 7 23 be used only for the purpose of conducting the business of the 7 24 state. The term "capitol" or "capitol building" as used in the 7 25 Code shall be descriptive of all buildings upon the capitol 7 26 grounds. The capitol building itself is reserved for the 7 27 operations of the general assembly, and the governor, and, for the courts and the. The assignment 7 29 and use of physical facilities for the general assembly shall 7 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, Senate 7 33 File 431, is amended to read as follows: 7 34 An authority shall not require a person to apply for or 7 35 enter into an individual license, franchise, or other agreement 8 1 with the authority or any other entity for the siting of 8 2 a small wireless facility on a utility pole located in a 8 3 public right=of=way. However, an authority may, through the 8 4 conditions set forth in a building permit obtained pursuant to 8 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 state 8 8 treasury under the control of the secretary of state. Moneys 8 9 in the fund are appropriated to the secretary of state for 8 10 purposes of modernizing technology used by the secretary of 8 11 state to fulfill the duties of office. 8 12 2. On and after July 1, 2017, any increased fee amount 8 13 collected by the secretary of state shall be credited to the 8 14 technology modernization fund. From each fee collected, the 8 15 amount credited to the fund equals the difference between the 8 16 fee amount collected and the amount assessed for the same fee 8 17 on June 30, 2017. 8 18 3. Each fiscal year, not more than two million dollars shall 8 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, Code 8 22 2017, is amended to read as follows: 8 23 f. The business shall not be a retail business or a business 8 24 where entrance is limited by a cover charge or membership 8 25 requirement. For purposes of this paragraph, a business 8 28 Sec. 22. Section 321N.4, subsection 6, Code 2017, is amended 8 29 to read as follows: 8 30 6. Insurance maintained under this chapter shall be 8 31 provided by an insurer governed by chapter 515 or 518, or by 8 32 a surplus lines insurer governed by chapter 515I. A surplus 9 2 Sec. 23. Section 481A.38, Code 2017, is amended by adding 9 3 the following new subsection: 9 4 NEW SUBSECTION. 4. The commission shall not restrict or 9 5 prohibit hunting on specific private property generally or for 9 6 the hunting of a particular wild animal, so long as the person 9 7 hunting on that property is otherwise qualified to hunt in 9 8 this state, purchases a valid hunting license that includes 9 9 the wildlife habitat fee and a valid hunting license for the 9 10 type of wild animal being hunted, if applicable, and adheres to 9 11 all municipal, county, state, and federal regulations that are 9 12 applicable to hunting and specifically applicable to the type 9 13 of wild animal being hunted, including but not limited to daily 9 14 limits, possession limits, shooting hours, methods of take, and 9 15 transportation of a carcass. 9 16 Sec. 24. ALCOHOLIC BEVERAGE CONTROL ==== STUDY. 9 17 1. The alcoholic beverages division of the department of 9 18 commerce, in conjunction with other stakeholders the division 9 19 deems necessary, shall conduct a study concerning enforcement 9 20 issues related to alcoholic beverage control, including 9 21 consideration of the manner of properly balancing appropriate 9 22 regulation of the manufacturing, distribution, and sale of 9 23 alcoholic liquor, wine, and beer in this state with emerging 9 24 trends in the industry. 9 25 2. In conducting the study, the division shall consider 9 26 any other relevant issues the division identifies for study, 9 27 issues relating to the three=tiered system and section 123.45, 9 28 as it impacts the ability of manufacturers, wholesalers, and 9 29 retailers to meet changing marketplace conditions and business 9 30 opportunities. 9 31 3. By July 1, 2018, the division shall submit a final report 9 32 to the general assembly. The report shall provide the results 9 33 of the study including any findings and recommendations. 9 34 4. The administrator may exercise discretion on a 9 35 case=by=case basis and elect to not enforce section 123.45 10 1 during the period of such study upon a finding that an 10 2 applicant does not pose a risk to public health or safety. 10 3 Sec. 25. SEXUAL ABUSE EVIDENCE COLLECTION KITS. Any sexual 10 4 abuse evidence collection kit identified by a jurisdictional 10 5 law enforcement agency through the inventory required pursuant 10 6 to 2016 Iowa Acts, chapter 1042, shall be maintained by the law 10 7 enforcement agency indefinitely. A law enforcement agency in 10 8 possession of any sexual abuse evidence kit identified through 10 9 the inventory shall submit for analysis any kit at the request 10 10 of the department of justice. 10 11 Sec. 26. REPEAL. Chapter 304A, Code 2017, is repealed. 10 12 DIVISION IV 10 13 CORRECTIVE PROVISIONS 10 14 Sec. 27. Section 22.13A, subsection 5, paragraph b, as 10 15 enacted by 2017 Iowa Acts, House File 291, section 51, is 10 16 amended to read as follows: 10 17 b. If paragraph "a", subparagraph (1) or (2) is not 10 18 consistent with the provision of a collective bargaining 10 19 agreement, a state agency shall provide the individuals 10 20 referenced in this subsection, as applicable, with regular 10 21 reports regarding any personnel settlement agreements entered 10 22 into with state employees by the state agency. 10 23 Sec. 28. Section 73A.26, as enacted by 2017 Iowa Acts, 10 24 Senate File 438, section 6, is amended to read as follows: 10 25 73A.26 Purpose. 10 26 The purpose of this chapter subchapter is to provide for 10 27 more economical, nondiscriminatory, neutral, and efficient 10 28 procurement of construction=related goods and services by this 10 29 state and political subdivisions of this state. 10 30 Sec. 29. Section 84A.1A, subsection 1, paragraph a, 10 31 subparagraph (8), subparagraph division (b), subparagraph 10 32 subdivision (iii), as enacted by 2017 Iowa Acts, House File 10 33 572, section 1, is amended to read as follows: 10 34 (iii) Two representatives of community=based organizations 10 35 that have demonstrated experience and expertise in addressing 11 1 the employment, training, or education needs of individuals 11 2 with barriers to employment as defined in the federal Workforce 11 3 Innovation and Opportunity Act, Pub. L. No. 113=128, {3(24), 11 4 including but not limited to organizations that serve veterans, or that provide or support competitive, integrated employment 11 6 for individuals with disabilities; or that serve eligible 11 7 youth, as defined in the federal Workforce Innovation and 11 8 Opportunity Act, Pub. L. No. 113=128, {3(18), including 11 9 representatives of organizations that serve out=of=school 11 10 youth, as defined in the federal Workforce Innovation and 11 11 Opportunity Act, Pub. L. No. 113=128, {129(a)(1)(B). 11 12 Sec. 30. Section 225D.1, subsection 8, Code 2017, as amended 11 13 by 2017 Iowa Acts, House File 215, section 1, is amended to 11 14 read as follows: 11 15 8. "Eligible individual" means a child less than fourteen 11 16 years of age who has been diagnosed with autism based on a 11 17 diagnostic assessment of autism, is not otherwise eligible for 11 18 coverage for applied behavioral analysis treatment or applied 11 19 behavior analysis treatment under the medical assistance 11 20 program, section 514C.28, 514C.31, or other private insurance 11 21 coverage, and whose household income does not exceed five 11 22 hundred percent of the federal poverty level. 11 23 Sec. 31. 2017 Iowa Acts, House File 488, section 57, as 11 24 enacted, is amended by striking the section and inserting in 11 25 lieu thereof the following: 11 26 SEC. 57. Section 455B.474, subsection 2, paragraph a, 11 27 subparagraph (1), Code 2017, is amended to read as follows: 11 28 (1) (a) Financial responsibility required by this 11 29 subsection may be established in accordance with rules adopted 11 30 by the commission by any one, or any combination, of the 11 31 following methods: insurance, guarantee, surety bond, letter 11 32 (i) Insurance. 11 33 (ii) Guarantee. 11 34 (iii) Surety bond. 11 35 (iv) Letter of credit, or qualification. 12 1 (v) Qualification as a self=insurer. 12 2 (b) In adopting requirements under this subsection, the 12 3 commission may specify policy or other contractual terms, 12 4 conditions, or defenses which are necessary or are unacceptable 12 5 in establishing the evidence of financial responsibility. 12 6 Sec. 32. EFFECTIVE UPON ENACTMENT. The following sections 12 7 of this division of this Act, being deemed of immediate 12 8 importance, take effect upon enactment: 12 9 1. The section of this division of this Act amending section 12 10 22.13A, subsection 5, paragraph "b". 12 11 2. The section of this division of this Act amending section 12 12 73A.26. 12 13 3. The section of this division of this Act amending 12 14 section 84A.1A, subsection 1, paragraph "a", subparagraph (8), 12 15 subparagraph division (b), subparagraph subdivision (iii). 12 16 Sec. 33. EFFECTIVE DATE. The section of this division of 12 17 this Act amending section 225D.1, subsection 8, takes effect 12 18 January 1, 2018. 12 19 DIVISION V 12 20 WEAPONS 12 21 Sec. 34. Section 724.2A, as enacted by 2017 Iowa Acts, House 12 22 File 517, section 5, is amended to read as follows: 12 23 724.2A Peace officer and reserve peace officer ==== defined. 12 24 As used in sections 724.4, 724.6, and 724.11, "peace officer" 12 25 means a certified "peace officer" and includes a reserve peace 12 26 officer as defined in section 80D.1A. 12 27 Sec. 35. Section 724.4C, subsection 1, unnumbered paragraph 12 28 1, as enacted by 2017 Iowa Acts, House File 517, section 8, is 12 29 amended to read as follows: 12 30 Except as provided in subsection 2, a person commits a 12 31 serious misdemeanor if the person is intoxicated as provided 12 32 under the conditions set out in section 321J.2, subsection 12 33 1, paragraph "a", "b", or "c", and the person does any of the 12 34 following: 12 35 Sec. 36. Section 724.17, subsection 1, as enacted by 2017 13 1 Iowa Acts, House File 517, section 22, is amended to read as 13 2 follows: 13 3 1. The application for a permit to acquire pistols or 13 4 revolvers may be made to the sheriff of the county of the 13 5 applicant's residence and shall be on a form prescribed 13 6 and published by the commissioner of public safety. The 13 7 application shall require only the full name of the applicant, 13 8 the driver's license or nonoperator's identification card 13 9 number of the applicant, the residence of the applicant, and 13 10 the date and place of birth of the applicant, and whether the . 13 12 The applicant shall also display an identification card that 13 13 bears a distinguishing number assigned to the cardholder, the 13 14 full name, date of birth, sex, residence address, and brief 13 15 description and color photograph of the cardholder, or other 13 16 identification as specified by rule of the department of public 13 17 safety. The sheriff shall conduct a criminal history check 13 18 concerning each applicant by obtaining criminal history data 13 19 from the department of public safety which shall include an 13 20 inquiry of the national instant criminal background check 13 21 system maintained by the federal bureau of investigation or any 13 22 successor agency. A person who makes what the person knows 13 23 to be a false statement of material fact on an application 13 24 submitted under this section or who submits what the person 13 25 knows to be any materially falsified or forged documentation in 13 26 connection with such an application commits a class "D" felony. 13 27 Sec. 37. Section 724.22, subsection 9, as enacted by 2017 13 28 Iowa Acts, House File 517, section 29, is amended to read as 13 29 follows: 13 30 9. A parent, guardian, spouse, or instructor, who knowingly 13 31 provides direct supervision under subsection 5, of a person 13 32 while intoxicated as provided under the conditions set out 13 33 in section 321J.2, subsection 1, or under the influence of paragraph "a", "b", or "c", commits child 13 35 endangerment in violation of section 726.6, subsection 1, 14 1 paragraph "i". 14 2 Sec. 38. Section 726.6, subsection 1, paragraph i, as 14 3 enacted by 2017 Iowa Acts, House File 517, section 30, is 14 4 amended to read as follows: 14 5 i. Knowingly provides direct supervision of a person under 14 6 section 724.22, subsection 5, while intoxicated as provided 14 7 under the conditions set out in section 321J.2, subsection 1, 14 8 or under the influence of an illegal drug paragraph "a", "b", . 14 10 Sec. 39. 2017 Iowa Acts, House File 517, section 50, 14 11 subsection 1, as enacted, is amended to read as follows: 14 12 1. The section sections of this Act amending section sections 724.22 and 726.6. 14 14 Sec. 40. REPEAL. 2017 Iowa Acts, House File 517, section 14 15 16, as enacted, is repealed. 14 16 Sec. 41. EFFECTIVE UPON ENACTMENT. The section of this 14 17 division of this Act amending 2017 Iowa Acts, House File 517, 14 18 section 50, subsection 1, being deemed of immediate importance, 14 19 takes effect upon enactment. 14 20 Sec. 42. RETROACTIVE APPLICABILITY. The section of this 14 21 division of this Act amending 2017 Iowa Acts, House File 517, 14 22 section 50, subsection 1, applies retroactively to April 13, 14 23 2017. 14 24 DIVISION VI 14 25 VAPOR AND ALTERNATIVE NICOTINE PRODUCTS ==== TAX 14 26 Sec. 43. Section 453A.1, Code 2017, is amended by adding the 14 27 following new subsection: 14 28 NEW SUBSECTION. 7A. "Delivery sale" means any sale of 14 29 an alternative nicotine product or a vapor product to a 14 30 purchaser in this state where the purchaser submits the order 14 31 for such sale by means of a telephonic or other method of 14 32 voice transmission, mail or any other delivery service, or the 14 33 internet or other online service and the alternative nicotine 14 34 product or vapor product is delivered by use of mail or a 14 35 delivery service. The sale of an alternative nicotine product 15 1 or vapor product shall constitute a delivery sale regardless of 15 2 whether the seller is located in this state. "Delivery sale" 15 3 does not include a sale to a distributor or retailer of any 15 4 alternative nicotine product or vapor product not for personal 15 5 consumption. 15 6 Sec. 44. Section 453A.1, subsection 20, Code 2017, is 15 7 amended to read as follows: 15 8 20. "Place of business" is construed to mean and include any 15 9 place where cigarettes are sold or where cigarettes are stored 15 10 within or without the state of Iowa by the holder of an Iowa 15 11 permit or kept for the purpose of sale or consumption; or if 15 12 sold from any vehicle or train, the vehicle or train on which 15 13 or from which such cigarettes are sold shall constitute a place 15 14 of business; or for a business within or without the state that . 15 19 Sec. 45. Section 453A.13, subsection 1, Code 2017, is 15 20 amended to read as follows: 15 21 1. Permits required. Every distributor, wholesaler, 15 22 cigarette vendor, and retailer, now engaged or who desires to 15 23 become engaged in the sale or use of cigarettes, upon which a 15 24 tax is required to be paid, and every retailer now engaged or 15 25 who desires to become engaged in selling, offering for sale, or 15 26 distributing alternative nicotine products or vapor products, shall obtain a state or 15 28 retail permit as a distributor, wholesaler, cigarette vendor, 15 29 or retailer, as the case may be. 15 30 Sec. 46. Section 453A.13, subsection 2, paragraph a, Code 15 31 2017, is amended to read as follows: 15 32 a. The department shall issue state permits to distributors, 15 33 wholesalers, and cigarette vendors and retailers that make subject to the conditions provided in this division. 16 1 If an out=of=state retailer makes delivery sales of alternative Cities 16 5 may issue retail permits to dealers retailers with a place of within their respective limits. County boards 16 7 of supervisors may issue retail permits to dealers retailers in their respective counties, outside 16 9 of the corporate limits of cities. 16 10 Sec. 47. Section 453A.42, Code 2017, is amended by adding 16 11 the following new subsection: 16 12 NEW SUBSECTION. 2A. "Delivery sale" means any sale of 16 13 an alternative nicotine product or a vapor product to a 16 14 purchaser in this state where the purchaser submits the order 16 15 for such sale by means of a telephonic or other method of 16 16 voice transmission, mail or any other delivery service, or the 16 17 internet or other online service and the alternative nicotine 16 18 product or vapor product is delivered by use of mail or a 16 19 delivery service. The sale of an alternative nicotine product 16 20 or vapor product shall constitute a delivery sale regardless of 16 21 whether the seller is located in this state. "Delivery sale" 16 22 does not include a sale to a distributor or retailer of any 16 23 alternative nicotine product or vapor product not for personal 16 24 consumption. 16 25 Sec. 48. Section 453A.42, subsection 8, Code 2017, is 16 26 amended to read as follows: 16 27 8. "Place of business" means any place where tobacco 16 28 products are sold or where tobacco products are manufactured, 16 29 stored, or kept for the purpose of sale or consumption, 16 30 including any vessel, vehicle, airplane, train, or vending 16 31 machine; or for a business within or without the state that . 17 1 Sec. 49. Section 453A.47A, subsections 1, 3, and 6, Code 17 2 2017, are amended to read as follows: 17 3 1. Permits required. A person shall not engage in 17 4 the business of a retailer of tobacco, tobacco products, 17 5 alternative nicotine products, or vapor products at any place 17 6 of business, or through delivery sales, without first having 17 7 received a permit as a retailer. 17 8 3. Number of permits. An application shall be filed and a 17 9 permit obtained for each place of business owned or operated by 17 10 a retailer located in the state. If an out=of=state retailer 17 15 6. Issuance. Cities shall may issue retail permits to 17 16 retailers located within their respective limits. County 17 17 boards of supervisors shall may issue retail permits to 17 18 retailers located in their respective counties, outside of the 17 19 corporate limits of cities. The city or county shall submit a 17 20 duplicate of any application for a retail permit and any retail 17 21 permit issued by the entity under this section to the alcoholic 17 22 beverages division of the department of commerce within thirty 17 23 days of issuance. The alcoholic beverages division of the 17 24 department of commerce shall submit the current list of all 17 25 retail permits issued to the Iowa department of public health 17 26 by the first day of each quarter of a state fiscal year. 17 27 Sec. 50. NEW SECTION. 453A.47B Requirements for mailing or 17 28 shipping ==== alternative nicotine products or vapor products. 17 29 1. A retailer shall not mail, ship, or otherwise cause to 17 30 be delivered any alternative nicotine product or vapor product 17 31 in connection with a delivery sale unless all of the following 17 32 apply: 17 33 a. Prior to sale to the purchaser, the retailer verifies 17 34 that the purchaser is at least eighteen years of age through or 17 35 by one of the following: 18 1 (1) A commercially available database, or aggregate of 18 2 databases, that is regularly used by government and businesses 18 3 for the purpose of age and identity verification. 18 4 (2) Obtaining a copy of a valid government=issued document 18 5 that provides the name, address, and date of birth of the 18 6 purchaser. 18 7 b. The retailer uses a method of mailing, shipping, or 18 8 delivery that requires the signature of a person who is at 18 9 least eighteen years of age before the shipping package is 18 10 released to the purchaser. 18 11 Sec. 51. NEW SECTION. 453A.47C Sales and use tax on 18 12 delivery sales ==== alternative nicotine products or vapor 18 13 products. 18 14 1. A delivery sale of alternative nicotine products or vapor 18 15 products within this state shall be subject to the sales tax 18 16 provided in chapter 423, subchapter II. 18 17 2. The use in this state of alternative nicotine products 18 18 or vapor products purchased for use in this state through a 18 19 delivery sale shall be subject to the use tax provided in 18 20 chapter 423, subchapter III. 18 21 3. A retailer required to possess or possessing a permit 18 22 under section 453A.13 or 453A.47A to make delivery sales of 18 23 alternative nicotine products or vapor products within this 18 24 state shall be deemed to have waived all claims that such 18 25 retailer lacks physical presence within this state for purposes 18 26 of collecting and remitting sales and use tax. 18 27 4. A retailer making taxable delivery sales of alternative 18 28 nicotine products or vapor products within this state shall 18 29 remit to the department all sales and use tax due on such sales 18 30 at the times and in the manner provided by chapter 423. 18 31 5. The director shall adopt rules pursuant to chapter 17A to 18 32 administer this section. 18 33 DIVISION VII 18 34 BALLOT ARRANGEMENT FOR CERTAIN PARTISAN OFFICES 18 35 Sec. 52. Section 49.31, subsection 1, Code 2017, is amended 19 1 to read as follows: 19 2 1. a. All ballots shall be arranged with the names of 19 3 candidates for each office listed below the office title. 19 4 For partisan elections the name of the political party or 19 5 organization which nominated each candidate shall be listed 19 6 after or below each candidate's name. 19 7 b. (1) The commissioner shall determine the order of 19 8 political parties and nonparty political organizations on the 19 9 ballot as provided under this paragraph "b". The sequence shall 19 10 be the same for each office on the ballot and for each precinct 19 11 in the county voting in the election. The commissioner shall 19 23 (2) The commissioner shall determine the number of 19 28 (3) If the number of registered voters from two or more 20 1 c. The commissioner shall determine the order of nonparty 20 5 Sec. 53. Section 49.31, subsection 2, paragraph b, Code 20 6 2017, is amended to read as follows: 20 7 b. The Notwithstanding any provision of subsection 1, commissioner shall then 20 9 arrange the surnames of each political party's candidates for 20 10 each office to which two or more persons are to be elected at 20 11 large alphabetically for the respective offices for the first 20 12 precinct on the list; thereafter, for each political party and 20 13 for each succeeding precinct, the names appearing first for 20 14 the respective offices in the last preceding precinct shall 20 15 be placed last, so that the names that were second before the 20 16 change shall be first after the change. The commissioner may 20 17 also rotate the names of candidates of a political party in the 20 18 reverse order of that provided in this subsection or alternate 20 19 the rotation so that the candidates of different parties shall 20 20 not be paired as they proceed through the rotation. The 20 21 procedure for arrangement of names on ballots provided in this 20 22 section shall likewise be substantially followed in elections 20 23 in political subdivisions of less than a county. 20 24 EXPLANATION 20 25 The inclusion of this explanation does not constitute agreement with 20 26 the explanation's substance by the members of the general assembly. 20 27 This bill relates to state and local finances by 20 28 making appropriations, providing for legal and regulatory 20 29 responsibilities, concerning taxation, and providing for other 20 30 properly related matters. The bill is organized by divisions. 20 31 STANDING APPROPRIATIONS AND RELATED MATTERS. For the budget 20 32 process applicable to FY 2017=2018 and FY 2018=2019, state 20 33 agencies are required to submit estimates and other expenditure 20 34 information as called for by the director of the department 20 35 of management instead of the information required under Code 21 1 section 8.23. 21 2 The bill limits standing appropriations for FY 2017=2018 21 3 and FY 2018=2019 made for payment of nonpublic school 21 4 transportation claims and for distribution for the tribal 21 5 council of the Sac and Fox Indian settlement for educating 21 6 American Indian children. 21 7 The bill reduces the standing unlimited appropriation for FY 21 8 2017=2018 made for expenses of the general assembly under Code 21 9 section 2.12. 21 10 The bill limits the standing appropriation for paying 21 11 instructional support state aid to zero for FY 2017=2018. 21 12 The bill allows salary adjustments to be funded using 21 13 departmental revolving, trust, or special funds for which the 21 14 general assembly has established an operating budget for FY 21 15 2017=2018 and FY 2018=2019. 21 16 The bill requires any balance of an operational 21 17 appropriation that remains unexpended or unencumbered shall 21 18 not be encumbered or deposited in the cash reserve fund as 21 19 provided in Code section 8.62, but shall instead revert to the 21 20 general fund of the state at the close of the fiscal year for FY 21 21 2016=2017. This provision takes effect upon enactment. 21 22 The bill allows salary adjustments otherwise provided to 21 23 be funded as determined by the department of management using 21 24 unappropriated moneys remaining in the department of commerce 21 25 revolving fund, the gaming enforcement revolving fund, the 21 26 gaming regulatory revolving fund, the primary road fund, the 21 27 road use tax fund, the fish and game protection fund, the Iowa 21 28 public employees' retirement fund, and in other departmental 21 29 revolving, trust, or special funds for which the general 21 30 assembly has not made an operating budget appropriation for FY 21 31 2017=2018 and FY 2018=2019. 21 32 The bill requires the salary model administrator to work in 21 33 conjunction with the legislative services agency to maintain 21 34 the state's salary model used for analyzing, comparing, and 21 35 projecting state salary and benefit information. 22 1 The bill reduces state aid for the area education agencies 22 2 and the portion of the combined district cost calculated for 22 3 these agencies for FY 2017=2018 by $15 million. 22 4 MISCELLANEOUS APPROPRIATIONS. The bill transfers moneys 22 5 from the cash reserve fund to the general fund of the state for 22 6 FY 2016=2017. This provision takes effect upon enactment. 22 7 The bill appropriates moneys from the general fund of the 22 8 state to the cash reserve fund for FY 2017=2018. 22 9 The bill appropriates moneys to the offices of the governor 22 10 and lieutenant governor for purposes of expenses incurred 22 11 during the gubernatorial transition for FY 2017=2018. 22 12 MISCELLANEOUS PROVISIONS. Currently, the courts are 22 13 assigned space in the capitol building. The bill eliminates 22 14 the assignment of space and requires the legislative council to 22 15 provide the courts with use of space in the state capitol for 22 16 ceremonial purposes. 22 17 The bill amends 2017 Iowa Acts, Senate File 431, if enacted, 22 18 relating to small wireless facilities. The bill changes a 22 19 reference to "building permit" to read "permit". 22 20 The bill creates a technology modernization fund. Moneys 22 21 in the fund are appropriated to the secretary of state to be 22 22 used for modernizing technology used by the secretary of state 22 23 to fulfill the duties of office. On and after July 1, 2017, 22 24 any increased fee amount collected by the secretary of state 22 25 is credited to the technology modernization fund. From each 22 26 fee collected, the amount credited to the fund equals the 22 27 difference between the fee amount collected and the amount 22 28 assessed for the same fee on June 30, 2017. Each fiscal year, 22 29 not more than $2 million shall be credited to the fund. The 22 30 fund is repealed July 1, 2022. 22 31 The bill exempts a business operated for the purpose of 22 32 fulfilling customer orders from being considered a retail 22 33 business under the eligibility requirements for incentives or 22 34 assistance under the high quality jobs program. 22 35 Currently, under Code section 321N.4, insurance coverage 23 1 maintained by a transportation network company must be provided 23 2 by an insurer governed by Code chapter 515 or 518, or by a 23 3 surplus lines insurer governed by Code chapter 515I, and such 23 4 surplus lines insurers are considered insurance carriers duly 23 5 authorized to transact business for purposes of Code chapter 23 6 321A. The bill eliminates the reference to Code chapter 518 23 7 and eliminates the reference to surplus lines insurers being 23 8 considered insurance carriers authorized to transact business 23 9 for purposes of Code chapter 321A. 23 10 The bill provides that the natural resource commission shall 23 11 not restrict or prohibit hunting on specific private property 23 12 generally or for the hunting of a particular wild animal, so 23 13 long as the hunter is otherwise qualified to hunt in this 23 14 state, purchases a valid hunting license that includes the 23 15 wildlife habitat fee and a valid hunting license for the type 23 16 of wild animal being hunted, if applicable, and adheres to all 23 17 municipal, county, state, and federal regulations applicable to 23 18 the hunting and to the type of wild animal being hunted. 23 19 The bill requires the alcoholic beverages division of the 23 20 department of commerce, in conjunction with other stakeholders 23 21 the division deems necessary, to conduct a study concerning 23 22 enforcement issues related to alcoholic beverage control, 23 23 including consideration of the manner of properly balancing 23 24 appropriate regulation of the manufacturing, distribution, and 23 25 sale of alcoholic liquor, wine, and beer in this state with 23 26 emerging trends in the industry. The bill includes reporting 23 27 requirements. The bill allows the division administrator to 23 28 exercise discretion on a case=by=case basis and elect to not 23 29 enforce Code section 123.45 during the period of such study 23 30 upon a finding that an applicant does not pose a risk to public 23 31 health or safety. 23 32 The bill requires sexual abuse evidence kits identified 23 33 through an inventory conducted pursuant to 2016 Iowa Acts, 23 34 chapter 1042, to be maintained indefinitely. 23 35 The bill repeals Code sections requiring the integration of 24 1 fine arts within, on, or about the total environment of the 24 2 construction of a state building. 24 3 CORRECTIVE PROVISIONS. Code section 22.13A(5)(b), as 24 4 enacted by 2017 Iowa Acts, House File 291, section 51, is 24 5 amended to correct an internal reference to the subparagraphs 24 6 of a preceding paragraph in this provision relating to 24 7 personnel settlement agreements. The amendment is made 24 8 effective upon enactment of the bill. 24 9 Code section 73A.26, as enacted by 2017 Iowa Acts, Senate 24 10 File 438, section 6, is amended to correct a reference to the 24 11 new subchapter created in the bill relating to the construction 24 12 of public improvements. The amendment is made effective upon 24 13 enactment of the bill. 24 14 Code section 84A.1A(1)(a)(8)(b)(iii), as enacted by 2017 24 15 Iowa Acts, House File 572, section 1, is amended to correct 24 16 a grammatical construction describing serving or providing 24 17 support to two different populations, veterans and individuals 24 18 with disabilities, in a provision relating to the appointment 24 19 of representatives to the Iowa workforce development board. 24 20 The amendment is made effective upon enactment of the bill. 24 21 Code section 225D.1(8), as amended by 2017 Iowa Acts, House 24 22 File 215, section 1, is amended to refer to "other" private 24 23 insurance coverage to match other references in the bill to 24 24 such coverage in this provision relating to health insurance 24 25 coverage for autism spectrum disorder. The amendment is made 24 26 effective January 1, 2018, to coincide with the effective date 24 27 of the amendment in House File 215. 24 28 2017 Iowa Acts, House File 488, section 57, the 24 29 nonsubstantive Code editor's bill, as enacted, is amended 24 30 to correctly include the words "surety bond", which were 24 31 inadvertently omitted from a newly created numeric list of 24 32 methods to meet financial responsibility requirements in this 24 33 provision relating to underground storage tanks.> 24 34 WEAPONS. This division relates to 2017 Iowa Acts, House File 24 35 517, dealing with weapons. 25 1 The amendment to Code section 724.17 is in response to State 25 2 v. Downey, (Iowa Supreme Court No. 15=1585) relating to an 25 3 application for a permit to acquire pistols and revolvers. 25 4 For purposes of completing the application and in addition to 25 5 the requirements of the application including the applicant's 25 6 full name, driver's license or nonoperator's identification 25 7 card number, residence, and date and place of birth, the bill 25 8 requires that such an application for a permit to acquire 25 9 include whether the applicant is able to meet the criteria 25 10 specified in Code section 724.15 (requirements for issuance of 25 11 permit to acquire pistols or revolvers). Under current law and 25 12 the bill, an applicant who knowingly makes a false statement 25 13 of material fact on the application for a permit to acquire 25 14 pistols and revolvers or who submits what the applicant knows 25 15 to be any materially falsified or forged documentation in 25 16 connection with such an application commits a class "D" felony. 25 17 The definition of "peace officer" in Code section 724.2A, 25 18 with respect to the carrying of weapons under Code section 25 19 724.4, is amended to apply to peace officers whether certified 25 20 or awaiting certification. 25 21 The descriptions of intoxication in Code sections 724.4C 25 22 (carrying of firearms), 724.22 (while supervising a minor in 25 23 possession of a pistol or revolver), and 726.6 (commission of 25 24 child endangerment while so supervising a minor) are amended 25 25 to specify that the conditions of intoxication are set out in 25 26 Code section 321J.2(1)(a),(b), or (c), which relate to the 25 27 presence of alcohol or drugs in a person and do not relate to 25 28 the condition of operating a motor vehicle. 25 29 Two mostly duplicative provisions are contained in House 25 30 File 517 that relate to the awarding of court costs and 25 31 attorney fees with regard to disputes in the issuance of 25 32 permits to carry and to acquire. The second provision in 25 33 section 27 of House File 517 is more complete, including 25 34 withdrawals of appeals by applicants. The first more 25 35 incomplete provision of the two is repealed. 26 1 Two sections of House File 517 amend Code section 724.22 26 2 relating to the supervised possession of a pistol or revolver 26 3 by a person under the age of 21. However, the immediate 26 4 effective date provision of the bill only recognizes that 26 5 one section of the bill amends Code section 724.22. Section 26 6 29 of the bill relates to civil liability and the commission 26 7 of child endangerment by a person supervising a person 26 8 under the age of 21. The amendment makes certain that all 26 9 amendments in House File 517 affecting Code sections 724.22 26 10 (supervision, liability, and child endangerment) and 726.6 26 11 (child endangerment) take effect upon the enactment of the bill 26 12 and apply retroactively to April 13, 2017. 26 13 VAPOR AND ALTERNATIVE NICOTINE PRODUCTS ==== DELIVERY SALES 26 14 ==== TAX. The bill regulates the delivery sale, as defined in 26 15 the bill, of alternative nicotine products and vapor products 26 16 by sellers within and without the state through a permitting 26 17 process for retailers making delivery sales and through age 26 18 verification requirements. The bill also subjects the delivery 26 19 sale of alternative nicotine products and vapor products to 26 20 sales and use tax. 26 21 BALLOT ARRANGEMENT FOR CERTAIN PARTISAN OFFICES. The bill 26 22 relates to the arrangement of election ballots for certain 26 23 partisan offices. Under the bill, a county commissioner is 26 24 required to arrange the ballot so that the candidates of 26 25 each political party for most partisan offices appearing on 26 26 the ballot appear in descending order so that the candidates 26 27 of the political party whose registered voters voted in the 26 28 greatest number in the commissioner's county at the preceding 26 29 gubernatorial election appear first on the ballot, and the 26 30 candidates of the political party whose registered voters voted 26 31 in the next greatest number in the commissioner's county at 26 32 such election appear next on the ballot, and continuing in 26 33 descending order in the same manner. LSB 2689SV (3) 87 tm/rn