Senate File 516 - Reprinted
SENATE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1198) (As Amended and Passed by the Senate April 20, 2017) 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: SF 516 (4) 87 tm/rn/jh 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, subsection 3 and 4, paragraph "a", there is 5 33 transferred from the cash reserve fund created in section 8.56 5 34 to the general fund of the state for the fiscal year beginning 5 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 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. It is the intent of the general assembly that the 9 18 three=tiered system of regulating the alcohol beverage industry 9 19 is critical to maintaining a fair and competitive marketplace. 9 20 The study required by this section does not preclude the 9 21 alcoholic beverages division from applying regulatory 9 22 discretion that aligns with the performance of the powers and 9 23 duties granted to the administrator in chapter 123. 9 24 2. The alcoholic beverages division of the department of 9 25 commerce, in conjunction with other stakeholders the division 9 26 deems necessary, shall conduct a study concerning enforcement 9 27 issues related to alcoholic beverage control, including 9 28 consideration of the manner of properly balancing appropriate 9 29 regulation of the manufacturing, distribution, and sale of 9 30 alcoholic liquor, wine, and beer in this state with emerging 9 31 trends in the industry. 9 32 3. In conducting the study, the division shall consider 9 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 business 10 2 opportunities. 10 3 4. By July 1, 2018, the division shall submit a final report 10 4 to the general assembly. The report shall provide the results 10 5 of the study including any findings and recommendations. 10 6 5. During the time period of the study and consideration of 10 7 the issue by the general assembly during the 2019 legislative 10 8 session, if an applicant has a conflict with section 123.45, 10 9 subsection 1, paragraphs "c" or "d", the administrator may elect 10 10 to defer on a final determination regarding the eligibility 10 11 and issue a temporary license or permit with conditions, if 10 12 applicable. In making a determination of whether to defer on a 10 13 final determination, the administrator shall balance regulatory 10 14 principles and practices that ensure a fair and competitive 10 15 marketplace with the protections of the public interests as 10 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 sexual 10 19 abuse evidence collection kit identified by a jurisdictional 10 20 law enforcement agency through the inventory required pursuant 10 21 to 2016 Iowa Acts, chapter 1042, shall be maintained by the law 10 22 enforcement agency indefinitely. A law enforcement agency in 10 23 possession of any sexual abuse evidence kit identified through 10 24 the inventory shall submit for analysis any kit at the request 10 25 of the department of justice. 10 26 Sec. 26. REPEAL. Chapter 304A, Code 2017, is repealed. 10 27 DIVISION IV 10 28 CORRECTIVE PROVISIONS 10 29 Sec. 27. Section 22.13A, subsection 5, paragraph b, as 10 30 enacted by 2017 Iowa Acts, House File 291, section 51, is 10 31 amended to read as follows: 10 32 b. If paragraph "a", subparagraph (1) or (2) is not 10 33 consistent with the provision of a collective bargaining 10 34 agreement, a state agency shall provide the individuals 10 35 referenced in this subsection, as applicable, with regular 11 1 reports regarding any personnel settlement agreements entered 11 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 for 11 7 more economical, nondiscriminatory, neutral, and efficient 11 8 procurement of construction=related goods and services by this 11 9 state and political subdivisions of this state. 11 10 Sec. 29. Section 80B.19, subsection 2, if enacted by 2017 11 11 Iowa Acts, Senate File 509, section 22, is amended to read as 11 12 follows: 11 13 2. Internal training funds in the internal training 11 14 clearing fund shall be administered by the academy and shall 11 15 consist of moneys collected by the academy from billings issued 11 16 in accordance with this chapter 80B, and any other moneys 11 17 obtained or accepted by the academy, including but not limited 11 18 to gifts, loans, donations, grants, and contributions, which 11 19 are obtained or designated to support the activities of the 11 20 academy. 11 21 Sec. 30. Section 84A.1A, subsection 1, paragraph a, 11 22 subparagraph (8), subparagraph division (b), subparagraph 11 23 subdivision (iii), as enacted by 2017 Iowa Acts, House File 11 24 572, section 1, is amended to read as follows: 11 25 (iii) Two representatives of community=based organizations 11 26 that have demonstrated experience and expertise in addressing 11 27 the employment, training, or education needs of individuals 11 28 with barriers to employment as defined in the federal Workforce 11 29 Innovation and Opportunity Act, Pub. L. No. 113=128, {3(24), 11 30 including but not limited to organizations that serve veterans, or that provide or support competitive, integrated employment 11 32 for individuals with disabilities; or that serve eligible 11 33 youth, as defined in the federal Workforce Innovation and 11 34 Opportunity Act, Pub. L. No. 113=128, {3(18), including 11 35 representatives of organizations that serve out=of=school 12 1 youth, as defined in the federal Workforce Innovation and 12 2 Opportunity Act, Pub. L. No. 113=128, {129(a)(1)(B). 12 3 Sec. 31. Section 225D.1, subsection 8, Code 2017, as amended 12 4 by 2017 Iowa Acts, House File 215, section 1, is amended to 12 5 read as follows: 12 6 8. "Eligible individual" means a child less than fourteen 12 7 years of age who has been diagnosed with autism based on a 12 8 diagnostic assessment of autism, is not otherwise eligible for 12 9 coverage for applied behavioral analysis treatment or applied 12 10 behavior analysis treatment under the medical assistance 12 11 program, section 514C.28, 514C.31, or other private insurance 12 12 coverage, and whose household income does not exceed five 12 13 hundred percent of the federal poverty level. 12 14 Sec. 32. Section 261.9, subsection 2A, paragraph b, if 12 15 enacted by 2017 Iowa Acts, House File 642, section 15, is 12 16 amended to read as follows: 12 17 b. Is a barber school licensed under section 158.7 or 12 18 a school of cosmetology arts and sciences licensed under 12 19 chapter 157 and is accredited by a national accrediting agency 12 20 recognized by the United States department of education. For 12 21 the fiscal year beginning July 1, 2017, an eligible institution 12 22 under this paragraph shall provide a matching aggregate amount 12 23 of institutional financial aid equal to at least seventy=five 12 24 percent of the amount received by the institution's students 12 25 for Iowa tuition grant assistance under section 261.16A. 12 26 For the fiscal year beginning July 1, 2018, the institution 12 27 shall provide a matching aggregate amount of institutional 12 28 financial aid equal to at least eighty=five percent of the 12 29 amount received in that fiscal year. Commencing with the 12 30 fiscal year beginning July 1, 2019, and each succeeding fiscal 12 31 year, the matching aggregate amount of institutional financial 12 32 aid shall be at least equal to the match provided by eligible 12 33 institutions under section 261.16A, subsection 2 paragraph "a". 12 34 Sec. 33. 2017 Iowa Acts, House File 488, section 57, as 12 35 enacted, is amended by striking the section and inserting in 13 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 this 13 5 subsection may be established in accordance with rules adopted 13 6 by the commission by any one, or any combination, of the 13 7 following methods: insurance, guarantee, surety bond, letter 13 8 (i) Insurance. 13 9 (ii) Guarantee. 13 10 (iii) Surety bond. 13 11 (iv) Letter of credit, or qualification. 13 12 (v) Qualification as a self=insurer. 13 13 (b) In adopting requirements under this subsection, the 13 14 commission may specify policy or other contractual terms, 13 15 conditions, or defenses which are necessary or are unacceptable 13 16 in establishing the evidence of financial responsibility. 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 paragraph 13 21 "f", not more than $50,000 shall be used by the department for 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 paragraph 13 29 "f", not more than $25,000 shall be used by the department for 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 of 14 1 chapter 466A as provided in this division of this Act, on and 14 2 after December 31, 2017, the department of agriculture and 14 3 land stewardship shall manage moneys credited to the watershed 14 4 improvement fund in the same manner as required in 2016 14 5 Acts, chapter 1134, section 35, including by making necessary 14 6 payments to satisfy any outstanding obligations incurred by the 14 7 watershed improvement review board prior to December 31, 2017. 14 8 Sec. 37. EFFECTIVE UPON ENACTMENT. The following sections 14 9 of this division of this Act, being deemed of immediate 14 10 importance, take effect upon enactment: 14 11 1. The section of this division of this Act amending section 14 12 22.13A, subsection 5, paragraph "b". 14 13 2. The section of this division of this Act amending section 14 14 73A.26. 14 15 3. The section of this division of this Act amending 14 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 of 14 19 this Act amending section 225D.1, subsection 8, takes effect 14 20 January 1, 2018. 14 21 DIVISION V 14 22 WEAPONS 14 23 Sec. 39. Section 724.2A, as enacted by 2017 Iowa Acts, House 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 peace 14 28 officer as defined in section 80D.1A. 14 29 Sec. 40. Section 724.4C, subsection 1, unnumbered paragraph 14 30 1, as enacted by 2017 Iowa Acts, House File 517, section 8, is 14 31 amended to read as follows: 14 32 Except as provided in subsection 2, a person commits a 14 33 serious misdemeanor if the person is intoxicated as provided 14 34 under the conditions set out in section 321J.2, subsection 14 35 1, paragraph "a", "b", or "c", and the person does any of the 15 1 following: 15 2 Sec. 41. Section 724.17, subsection 1, as enacted by 2017 15 3 Iowa Acts, House File 517, section 22, is amended to read as 15 4 follows: 15 5 1. The application for a permit to acquire pistols or 15 6 revolvers may be made to the sheriff of the county of the 15 7 applicant's residence and shall be on a form prescribed 15 8 and published by the commissioner of public safety. The 15 9 application shall require only the full name of the applicant, 15 10 the driver's license or nonoperator's identification card 15 11 number of the applicant, the residence of the applicant, and 15 12 the date and place of birth of the applicant, and whether the . 15 14 The applicant shall also display an identification card that 15 15 bears a distinguishing number assigned to the cardholder, the 15 16 full name, date of birth, sex, residence address, and brief 15 17 description and color photograph of the cardholder, or other 15 18 identification as specified by rule of the department of public 15 19 safety. The sheriff shall conduct a criminal history check 15 20 concerning each applicant by obtaining criminal history data 15 21 from the department of public safety which shall include an 15 22 inquiry of the national instant criminal background check 15 23 system maintained by the federal bureau of investigation or any 15 24 successor agency. A person who makes what the person knows 15 25 to be a false statement of material fact on an application 15 26 submitted under this section or who submits what the person 15 27 knows to be any materially falsified or forged documentation in 15 28 connection with such an application commits a class "D" felony. 15 29 Sec. 42. Section 724.22, subsection 9, as enacted by 2017 15 30 Iowa Acts, House File 517, section 29, is amended to read as 15 31 follows: 15 32 9. A parent, guardian, spouse, or instructor, who knowingly 15 33 provides direct supervision under subsection 5, of a person 15 34 while intoxicated as provided under the conditions set out 15 35 in section 321J.2, subsection 1, or under the influence of paragraph "a", "b", or "c", commits child 16 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, as 16 5 enacted by 2017 Iowa Acts, House File 517, section 30, is 16 6 amended to read as follows: 16 7 i. Knowingly provides direct supervision of a person under 16 8 section 724.22, subsection 5, while intoxicated as provided 16 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 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 section sections 724.22 and 726.6. 16 16 Sec. 45. REPEAL. 2017 Iowa Acts, House File 517, section 16 17 16, as enacted, is repealed. 16 18 Sec. 46. EFFECTIVE UPON ENACTMENT. The section of this 16 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 this 16 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 VI 16 27 VAPOR AND ALTERNATIVE NICOTINE PRODUCTS ==== TAX 16 28 Sec. 48. Section 453A.1, Code 2017, is amended by adding the 16 29 following new subsection: 16 30 NEW SUBSECTION. 7A. "Delivery sale" means any sale of 16 31 an alternative nicotine product or a vapor product to a 16 32 purchaser in this state where the purchaser submits the order 16 33 for such sale by means of a telephonic or other method of 16 34 voice transmission, mail or any other delivery service, or the 16 35 internet or other online service and the alternative nicotine 17 1 product or vapor product is delivered by use of mail or a 17 2 delivery service. The sale of an alternative nicotine product 17 3 or vapor product shall constitute a delivery sale regardless of 17 4 whether the seller is located in this state. "Delivery sale" 17 5 does not include a sale to a distributor or retailer of any 17 6 alternative nicotine product or vapor product not for personal 17 7 consumption. 17 8 Sec. 49. Section 453A.1, subsection 20, Code 2017, is 17 9 amended to read as follows: 17 10 20. "Place of business" is construed to mean and include any 17 11 place where cigarettes are sold or where cigarettes are stored 17 12 within or without the state of Iowa by the holder of an Iowa 17 13 permit or kept for the purpose of sale or consumption; or if 17 14 sold from any vehicle or train, the vehicle or train on which 17 15 or from which such cigarettes are sold shall constitute a place 17 16 of business; or for a business within or without the state that . 17 21 Sec. 50. Section 453A.13, subsection 1, Code 2017, is 17 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 to 17 25 become engaged in the sale or use of cigarettes, upon which a 17 26 tax is required to be paid, and every retailer now engaged or 17 27 who desires to become engaged in selling, offering for sale, or 17 28 distributing alternative nicotine products or vapor products, shall obtain a state or 17 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, Code 17 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 make subject to the conditions provided in this division. 18 3 If an out=of=state retailer makes delivery sales of alternative Cities 18 7 may issue retail permits to dealers retailers with a place of within their respective limits. County boards 18 9 of supervisors may issue retail permits to dealers retailers in their respective counties, outside 18 11 of the corporate limits of cities. 18 12 Sec. 52. Section 453A.42, Code 2017, is amended by adding 18 13 the following new subsection: 18 14 NEW SUBSECTION. 2A. "Delivery sale" means any sale of 18 15 an alternative nicotine product or a vapor product to a 18 16 purchaser in this state where the purchaser submits the order 18 17 for such sale by means of a telephonic or other method of 18 18 voice transmission, mail or any other delivery service, or the 18 19 internet or other online service and the alternative nicotine 18 20 product or vapor product is delivered by use of mail or a 18 21 delivery service. The sale of an alternative nicotine product 18 22 or vapor product shall constitute a delivery sale regardless of 18 23 whether the seller is located in this state. "Delivery sale" 18 24 does not include a sale to a distributor or retailer of any 18 25 alternative nicotine product or vapor product not for personal 18 26 consumption. 18 27 Sec. 53. Section 453A.42, subsection 8, Code 2017, is 18 28 amended to read as follows: 18 29 8. "Place of business" means any place where tobacco 18 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 vending 18 33 machine; or for a business within or without the state that . 19 3 Sec. 54. Section 453A.47A, subsections 1, 3, and 6, Code 19 4 2017, are amended to read as follows: 19 5 1. Permits required. A person shall not engage in 19 6 the business of a retailer of tobacco, tobacco products, 19 7 alternative nicotine products, or vapor products at any place 19 8 of business, or through delivery sales, without first having 19 9 received a permit as a retailer. 19 10 3. Number of permits. An application shall be filed and a 19 11 permit obtained for each place of business owned or operated by 19 12 a retailer located in the state. If an out=of=state retailer 19 17 6. Issuance. Cities shall may issue retail permits to 19 18 retailers located within their respective limits. County 19 19 boards of supervisors shall may issue retail permits to 19 20 retailers located in their respective counties, outside of the 19 21 corporate limits of cities. The city or county shall submit a 19 22 duplicate of any application for a retail permit and any retail 19 23 permit issued by the entity under this section to the alcoholic 19 24 beverages division of the department of commerce within thirty 19 25 days of issuance. The alcoholic beverages division of the 19 26 department of commerce shall submit the current list of all 19 27 retail permits issued to the Iowa department of public health 19 28 by the first day of each quarter of a state fiscal year. 19 29 Sec. 55. NEW SECTION. 453A.47B Requirements for mailing or 19 30 shipping ==== alternative nicotine products or vapor products. 19 31 1. A retailer shall not mail, ship, or otherwise cause to 19 32 be delivered any alternative nicotine product or vapor product 19 33 in connection with a delivery sale unless all of the following 19 34 apply: 19 35 a. Prior to sale to the purchaser, the retailer verifies 20 1 that the purchaser is at least eighteen years of age through or 20 2 by one of the following: 20 3 (1) A commercially available database, or aggregate of 20 4 databases, that is regularly used by government and businesses 20 5 for the purpose of age and identity verification. 20 6 (2) Obtaining a copy of a valid government=issued document 20 7 that provides the name, address, and date of birth of the 20 8 purchaser. 20 9 b. The retailer uses a method of mailing, shipping, or 20 10 delivery that requires the signature of a person who is at 20 11 least eighteen years of age before the shipping package is 20 12 released to the purchaser. 20 13 Sec. 56. NEW SECTION. 453A.47C Sales and use tax on 20 14 delivery sales ==== alternative nicotine products or vapor 20 15 products. 20 16 1. A delivery sale of alternative nicotine products or vapor 20 17 products within this state shall be subject to the sales tax 20 18 provided in chapter 423, subchapter II. 20 19 2. The use in this state of alternative nicotine products 20 20 or vapor products purchased for use in this state through a 20 21 delivery sale shall be subject to the use tax provided in 20 22 chapter 423, subchapter III. 20 23 3. A retailer required to possess or possessing a permit 20 24 under section 453A.13 or 453A.47A to make delivery sales of 20 25 alternative nicotine products or vapor products within this 20 26 state shall be deemed to have waived all claims that such 20 27 retailer lacks physical presence within this state for purposes 20 28 of collecting and remitting sales and use tax. 20 29 4. A retailer making taxable delivery sales of alternative 20 30 nicotine products or vapor products within this state shall 20 31 remit to the department all sales and use tax due on such sales 20 32 at the times and in the manner provided by chapter 423. 20 33 5. The director shall adopt rules pursuant to chapter 17A to 20 34 administer this section. 20 35 DIVISION VII 21 1 BALLOT ARRANGEMENT FOR CERTAIN PARTISAN OFFICES 21 2 Sec. 57. Section 49.31, subsection 1, Code 2017, is amended 21 3 to read as follows: 21 4 1. a. All ballots shall be arranged with the names of 21 5 candidates for each office listed below the office title. 21 6 For partisan elections the name of the political party or 21 7 organization which nominated each candidate shall be listed 21 8 after or below each candidate's name. 21 9 b. (1) The commissioner shall determine the order of 21 10 political parties and nonparty political organizations on the 21 11 ballot as provided under this paragraph "b". The sequence shall 21 12 be the same for each office on the ballot and for each precinct 21 13 in the county voting in the election. The commissioner shall 21 25 (2) The commissioner shall determine the number of 21 30 (3) If the number of registered voters from two or more 22 3 c. The commissioner shall determine the order of nonparty 22 7 Sec. 58. Section 49.31, subsection 2, paragraph b, Code 22 8 2017, is amended to read as follows: 22 9 b. The Notwithstanding any provision of subsection 1, commissioner shall then 22 11 arrange the surnames of each political party's candidates for 22 12 each office to which two or more persons are to be elected at 22 13 large alphabetically for the respective offices for the first 22 14 precinct on the list; thereafter, for each political party and 22 15 for each succeeding precinct, the names appearing first for 22 16 the respective offices in the last preceding precinct shall 22 17 be placed last, so that the names that were second before the 22 18 change shall be first after the change. The commissioner may 22 19 also rotate the names of candidates of a political party in the 22 20 reverse order of that provided in this subsection or alternate 22 21 the rotation so that the candidates of different parties shall 22 22 not be paired as they proceed through the rotation. The 22 23 procedure for arrangement of names on ballots provided in this 22 24 section shall likewise be substantially followed in elections 22 25 in political subdivisions of less than a county. SF 516 (4) 87 tm/rn/jh