House
Study
Bill
252
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
CHAIRPERSON
MOHR)
A
BILL
FOR
An
Act
relating
to
state
finances,
including
by
making,
1
modifying,
limiting,
or
reducing
appropriations,
2
distributions,
or
transfers,
authorizing
expenditure
of
3
certain
unappropriated
moneys,
making
corrections,
and
4
including
effective
date,
applicability,
and
retroactive
5
applicability
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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DIVISION
I
1
APPROPRIATIONS,
DISTRIBUTIONS,
TRANSFERS,
AND
EXPENDITURE
2
AUTHORITY
3
Section
1.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
——
FY
4
2023-2024.
Notwithstanding
the
standing
appropriation
in
the
5
following
designated
section
for
the
fiscal
year
beginning
July
6
1,
2023,
and
ending
June
30,
2024,
the
amount
appropriated
from
7
the
general
fund
of
the
state
pursuant
to
that
section
for
the
8
following
designated
purpose
shall
not
exceed
the
following
9
amount:
10
For
payment
of
claims
for
nonpublic
school
pupil
11
transportation
under
section
285.2
:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,997,091
13
If
total
approved
claims
for
reimbursement
for
nonpublic
14
school
pupil
transportation
exceed
the
amount
appropriated
in
15
accordance
with
this
section,
the
department
of
education
shall
16
prorate
the
amount
of
each
approved
claim.
17
Sec.
2.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
2023-2024.
In
18
lieu
of
the
appropriation
provided
in
section
257.20,
19
subsection
2,
the
appropriation
for
the
fiscal
year
20
beginning
July
1,
2023,
and
ending
June
30,
2024,
for
paying
21
instructional
support
state
aid
under
section
257.20
for
the
22
fiscal
year
is
zero.
23
Sec.
3.
SPECIAL
FUNDS
——
SALARY
ADJUSTMENTS
——
24
UNAPPROPRIATED
MONEYS
——
FY
2023-2024.
For
the
fiscal
25
year
beginning
July
1,
2023,
and
ending
June
30,
2024,
26
salary
adjustments
otherwise
provided
may
be
funded
as
27
determined
by
the
department
of
management,
subject
to
any
28
applicable
constitutional
limitation,
using
unappropriated
29
moneys
remaining
in
the
commerce
revolving
fund,
the
gaming
30
enforcement
revolving
fund,
the
gaming
regulatory
revolving
31
fund,
the
primary
road
fund,
the
road
use
tax
fund,
the
fish
32
and
game
protection
fund,
and
the
Iowa
public
employees’
33
retirement
fund,
and
in
other
departmental
revolving,
trust,
or
34
special
funds
for
which
the
general
assembly
has
not
made
an
35
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_____
operating
budget
appropriation.
1
Sec.
4.
DISTRIBUTIONS
OF
IOWA
ECONOMIC
EMERGENCY
FUND
2
EXCESS
——
FY
2022-2023.
3
1.
Notwithstanding
section
8.55,
subsection
2,
paragraphs
4
“a”
and
“b”,
for
the
fiscal
year
beginning
July
1,
2022,
and
5
ending
June
30,
2023,
moneys
in
excess
of
the
maximum
balance
6
of
the
Iowa
economic
emergency
fund
created
in
section
8.55
7
shall
be
distributed
as
follows:
8
a.
An
amount
equal
to
the
difference
between
the
foundation
9
property
tax
statewide
under
section
257.3
for
the
fiscal
year
10
beginning
July
1,
2023,
calculated
using
taxable
valuations
11
for
the
assessment
year
beginning
January
1,
2022,
following
12
application
of
assessment
limitations
calculated
under
section
13
441.21,
Code
2023,
and
the
foundation
property
tax
statewide
14
under
section
257.3
for
the
fiscal
year
beginning
July
1,
15
2023,
calculated
using
taxable
valuations
for
the
assessment
16
year
beginning
January
1,
2022,
following
application
of
17
assessment
limitations
calculated
under
section
441.21,
Code
18
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
181,
shall
be
19
transferred
to
the
general
fund
of
the
state
to
pay
foundation
20
aid
under
chapter
257
as
described
in
section
257.16
for
the
21
fiscal
year
beginning
July
1,
2023.
22
b.
Of
the
remaining
moneys,
if
any,
the
difference
between
23
the
actual
net
revenue
for
the
general
fund
of
the
state
for
24
the
fiscal
year
and
the
adjusted
revenue
estimate
for
the
25
fiscal
year,
reduced
by
the
amount
transferred
under
paragraph
26
“a”,
shall
be
transferred
to
the
taxpayer
relief
fund
created
27
in
section
8.57E.
28
c.
The
remaining
moneys,
if
any,
shall
be
transferred
to
the
29
general
fund
of
the
state.
30
2.
The
amount
to
be
transferred
under
subsection
1,
31
paragraph
“a”,
shall
be
determined
by
the
department
of
32
management
on
or
before
July
31,
2023.
The
department
shall
33
notify
the
legislative
services
agency
of
the
department’s
34
determination.
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_____
Sec.
5.
Section
257.35,
Code
2023,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
17A.
Notwithstanding
subsection
1,
and
in
3
addition
to
the
reduction
applicable
pursuant
to
subsection
4
2,
the
state
aid
for
area
education
agencies
and
the
portion
5
of
the
combined
district
cost
calculated
for
these
agencies
6
for
the
fiscal
year
beginning
July
1,
2023,
and
ending
June
7
30,
2024,
shall
be
reduced
by
the
department
of
management
by
8
twenty-two
million
fifty-seven
thousand
one
hundred
thirty-one
9
dollars.
The
reduction
for
each
area
education
agency
shall
be
10
prorated
based
on
the
reduction
that
the
agency
received
in
the
11
fiscal
year
beginning
July
1,
2003.
12
Sec.
6.
Section
441.21,
subsection
5,
paragraph
e,
13
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
14
(1)
For
the
fiscal
year
beginning
July
1,
2023,
there
15
is
appropriated
from
the
general
fund
of
the
state
to
the
16
department
of
revenue
the
sum
of
one
hundred
twenty-two
million
17
three
hundred
fifty
thousand
dollars
to
be
used
for
payments
18
under
this
paragraph
calculated
as
a
result
of
the
assessment
19
limitations
imposed
under
paragraph
“b”
,
subparagraph
(2),
20
subparagraph
division
(a),
and
paragraph
“c”
,
subparagraph
(2),
21
subparagraph
division
(a).
For
each
fiscal
year
beginning
on
22
or
after
July
1,
2023
2024
,
there
is
appropriated
from
the
23
general
fund
of
the
state
to
the
department
of
revenue
the
24
sum
of
one
hundred
twenty-five
million
dollars
to
be
used
25
for
payments
under
this
paragraph
calculated
as
a
result
26
of
the
assessment
limitations
imposed
under
paragraph
“b”
,
27
subparagraph
(2),
subparagraph
division
(a),
and
paragraph
“c”
,
28
subparagraph
(2),
subparagraph
division
(a).
29
Sec.
7.
EFFECTIVE
DATE.
The
following,
being
deemed
of
30
immediate
importance,
takes
effect
upon
enactment:
31
The
section
of
this
division
of
this
Act
providing
for
32
distributions
of
moneys
in
excess
of
the
maximum
balance
of
the
33
Iowa
economic
emergency
fund.
34
DIVISION
II
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CORRECTIVE
PROVISIONS
1
CORRECTIONS
ASSOCIATED
WITH
SENATE
FILE
514
2
Sec.
8.
Section
15.342A,
subsection
2,
Code
2023,
as
amended
3
by
2023
Iowa
Acts,
Senate
File
514,
section
2219,
is
amended
4
to
read
as
follows:
5
2.
For
the
fiscal
year
beginning
July
1,
2023,
and
for
each
6
fiscal
year
thereafter,
there
is
annually
appropriated
from
7
the
workforce
development
fund
account
to
the
apprenticeship
8
training
program
fund
created
in
section
15B.3
84D.3
three
9
million
dollars
for
the
purposes
of
chapter
15B
84D
.
10
Sec.
9.
Section
15C.1,
subsection
3,
paragraph
b,
Code
2023,
11
is
amended
to
read
as
follows:
12
b.
An
apprenticeship
sponsor
receiving
financial
assistance
13
under
chapter
15B
84D
or
section
15C.2
84E.2
is
ineligible
for
14
financial
assistance
under
this
section
during
the
same
fiscal
15
year.
16
Sec.
10.
Section
15C.2,
subsection
3,
paragraph
b,
Code
17
2023,
is
amended
to
read
as
follows:
18
b.
An
apprenticeship
sponsor
receiving
financial
assistance
19
under
chapter
15B
84D
or
section
15C.1
84E.1
is
ineligible
to
20
receive
financial
assistance
under
this
section
during
the
same
21
fiscal
year.
An
apprenticeship
sponsor
who
trains
through
22
a
lead
apprenticeship
sponsor
that
qualifies
for
financial
23
assistance
under
chapter
15B
84D
is
ineligible
to
receive
24
financial
assistance
under
this
section
.
25
Sec.
11.
Section
22.7,
subsection
31,
Code
2023,
is
amended
26
to
read
as
follows:
27
31.
Memoranda,
work
products,
and
case
files
of
a
mediator
28
and
all
other
confidential
communications
in
the
possession
of
29
a
mediator,
as
provided
in
chapters
86
chapter
10A,
subchapter
30
III,
and
chapter
216
.
Information
in
these
confidential
31
communications
is
subject
to
disclosure
only
as
provided
in
32
sections
86.44
10A.332
and
216.15B
,
notwithstanding
any
other
33
contrary
provision
of
this
chapter
.
34
Sec.
12.
Section
92.5,
subsection
11,
Code
2023,
is
amended
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to
read
as
follows:
1
11.
Other
work
approved
by
the
rules
adopted
pursuant
to
2
chapter
17A
by
the
labor
commissioner
director
.
3
Sec.
13.
Section
100D.3,
subsection
1,
paragraph
c,
Code
4
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
5
1519,
is
amended
to
read
as
follows:
6
c.
Has
received
a
passing
score
on
the
national
inspection,
7
testing,
and
certification
star
fire
sprinkler
mastery
8
exam
or
on
an
equivalent
exam
from
a
nationally
recognized
9
third-party
testing
agency
that
is
approved
by
the
director,
10
or
is
certified
at
level
one
by
the
national
institute
for
11
certification
in
engineering
technologies
and
as
specified
12
by
rule
by
the
director,
or
is
certified
by
another
entity
13
approved
by
the
fire
marshal
director
.
14
Sec.
14.
Section
101.22,
subsection
4,
Code
2023,
as
amended
15
by
2023
Iowa
Acts,
Senate
File
514,
section
1534,
is
amended
16
to
read
as
follows:
17
4.
The
registration
notice
of
the
owner
or
operator
to
the
18
director
under
subsections
1
through
3
shall
be
accompanied
19
by
an
annual
fee
of
twenty
dollars
for
each
tank
included
in
20
the
notice.
All
moneys
collected
shall
be
retained
by
the
21
department
of
inspections,
appeals,
and
licensing
and
are
22
appropriated
for
the
use
of
the
director.
The
annual
renewal
23
fee
applies
to
all
owners
or
operators
who
file
a
registration
24
notice
with
the
state
fire
marshal
director
pursuant
to
25
subsections
1
through
3
.
26
Sec.
15.
Section
101.24,
subsection
4,
paragraph
a,
Code
27
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
28
1536,
is
amended
to
read
as
follows:
29
a.
If
the
owner
or
operator
of
any
property
refuses
30
admittance,
or
if
prior
to
such
refusal
the
director
31
demonstrates
the
necessity
for
a
warrant,
the
state
fire
32
marshal
director
may
make
application
under
oath
or
affirmation
33
to
the
district
court
of
the
county
in
which
the
property
is
34
located
for
the
issuance
of
a
search
warrant.
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_____
Sec.
16.
Section
101A.1,
subsection
2A,
paragraph
c,
1
subparagraph
(4),
as
enacted
by
2023
Iowa
Acts,
House
File
202,
2
section
2,
is
amended
to
read
as
follows:
3
(4)
Any
device
the
state
fire
marshal
director
determines
is
4
not
likely
to
be
used
as
a
weapon
or
that
is
an
antique.
5
Sec.
17.
Section
103.14,
Code
2023,
as
amended
by
2023
6
Iowa
Acts,
Senate
File
514,
section
1562,
is
amended
to
read
7
as
follows:
8
103.14
Alarm
installations.
9
A
person
who
is
not
licensed
pursuant
to
this
chapter
may
10
plan,
lay
out,
or
install
electrical
wiring,
apparatus,
and
11
equipment
for
components
of
alarm
systems
that
operate
at
12
seventy
volt/amps
(VA)
or
less,
only
if
the
person
is
certified
13
to
conduct
such
work
pursuant
to
chapter
100C
.
Installations
14
of
alarm
systems
that
operate
at
seventy
volt/amps
(VA)
or
less
15
are
subject
to
inspection
by
state
inspectors
as
provided
in
16
section
103.31
,
except
that
reports
of
such
inspections,
if
17
the
installation
being
inspected
was
performed
by
a
person
18
certified
pursuant
to
chapter
100C
,
shall
be
submitted
to
the
19
director
and
any
action
taken
on
a
report
of
an
inspection
20
of
an
installation
performed
by
a
person
certified
pursuant
21
to
chapter
100C
shall
be
taken
by
or
at
the
direction
of
the
22
state
fire
marshal
director
,
unless
the
installation
has
been
23
found
to
exceed
the
authority
granted
to
the
certificate
holder
24
pursuant
to
chapter
100C
and
therefore
to
be
in
violation
of
25
this
chapter
.
26
Sec.
18.
Section
135.11A,
subsection
1,
Code
2023,
as
27
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1580,
is
28
amended
to
read
as
follows:
29
1.
Each
board
under
chapters
chapter
100C,
103,
103A,
30
105,
or
147
that
are
is
under
the
administrative
authority
31
of
the
department,
except
the
board
of
nursing,
board
of
32
medicine,
dental
board,
and
board
of
pharmacy,
shall
receive
33
administrative
and
clerical
support
from
the
department
and
34
may
not
employ
its
own
support
staff
for
administrative
and
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clerical
duties.
The
executive
director
of
the
board
of
1
nursing,
board
of
medicine,
dental
board,
and
board
of
pharmacy
2
shall
be
appointed
pursuant
to
section
135.11B
.
3
Sec.
19.
Section
135B.34,
subsection
7,
Code
2023,
as
4
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
166,
is
5
amended
to
read
as
follows:
6
7.
For
the
purposes
of
this
section
,
“comprehensive
7
preliminary
background
check”
and
“record
check
evaluation
8
system”
mean
:
9
a.
“Comprehensive
preliminary
background
check”
means
the
10
same
as
defined
in
section
135C.1
.
11
b.
“Record
check
evaluation
system”
means
the
same
as
12
defined
in
section
135C.1.
13
Sec.
20.
Section
135R.1,
subsection
2,
as
enacted
by
2023
14
Iowa
Acts,
Senate
File
75,
section
22,
is
amended
to
read
as
15
follows:
16
2.
“Department”
means
the
department
of
inspections
,
and
17
appeals
,
and
licensing
.
18
Sec.
21.
Section
156.1A,
Code
2023,
as
amended
by
2023
19
Iowa
Acts,
Senate
File
514,
section
1632,
is
amended
to
read
20
as
follows:
21
156.1A
Provision
of
services.
22
Nothing
contained
in
this
chapter
shall
be
construed
23
as
prohibiting
the
operation
of
any
funeral
home,
funeral
24
establishment,
or
cremation
establishment
by
any
person,
25
heir,
fiduciary,
firm,
cooperative
burial
association,
or
26
corporation.
However,
each
such
person,
firm,
cooperative
27
burial
association,
or
corporation
shall
ensure
that
all
28
mortuary
science
services
are
provided
by
a
funeral
director,
29
and
shall
keep
the
Iowa
department
of
inspections,
appeals,
and
30
licensing
advised
of
the
name
of
the
funeral
director.
31
Sec.
22.
Section
249K.2,
subsection
6,
Code
2023,
as
amended
32
by
2023
Iowa
Acts,
Senate
File
514,
section
820,
is
amended
to
33
read
as
follows:
34
5.
“New
construction”
means
the
construction
of
a
new
35
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_____
nursing
facility
which
does
not
replace
an
existing
licensed
1
and
certified
facility
and
requires
the
provider
to
obtain
a
2
certificate
of
need
pursuant
to
chapter
135
10A
,
subchapter
VI
3
VII
.
4
Sec.
23.
Section
252D.16,
subsection
1,
as
enacted
by
2023
5
Iowa
Acts,
Senate
File
514,
section
882,
is
amended
to
read
as
6
follows:
7
1.
“Child
support
services”
means
the
same
as
child
8
supported
support
services
created
in
section
252B.2.
9
Sec.
24.
Section
252E.1,
subsection
5,
as
enacted
by
2023
10
Iowa
Acts,
Senate
File
514,
section
895,
is
amended
to
read
as
11
follows:
12
5.
“Child
support
services”
means
child
support
services
13
created
in
section
252B.1
252B.2
.
14
Sec.
25.
Section
256.11,
subsection
5A,
paragraph
a,
if
15
enacted
by
2023
Iowa
Acts,
Senate
File
391,
section
14,
is
16
amended
to
read
as
follows:
17
a.
The
board
of
directors
of
a
school
district
or
the
18
authorities
in
charge
of
an
accredited
nonpublic
school
may
19
authorize
a
teacher
who
is
appropriately
licensed
by
the
board
20
of
educational
examiners
under
chapter
272
to
teach
two
or
more
21
sequential
units
of
one
subject
area
in
the
same
classroom
at
22
the
same
time
in
grades
nine
through
twelve.
The
board
of
23
directors
of
a
school
district
or
the
authorities
in
charge
24
of
an
accredited
nonpublic
school
shall
award
high
school
25
credit
to
a
student
upon
the
student’s
successful
completion
of
26
the
course.
The
teacher
must
meet
the
minimum
certification
27
requirements
of
the
national
organization
that
administers
the
28
advanced
placement
program
if
one
of
the
units
being
offered
29
pursuant
to
this
paragraph
is
an
advanced
placement
course.
30
Sec.
26.
Section
261G.4,
subsection
5,
Code
2023,
as
amended
31
by
2023
Iowa
Acts,
Senate
File
514,
section
2640,
is
amended
32
to
read
as
follows:
33
5.
Students
attending
a
participating
nonresident
34
institution
are
ineligible
for
state
student
financial
aid
35
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H.F.
_____
programs
established
under
chapter
256,
subchapter
VII,
part
4
.
1
Sec.
27.
Section
303.3B,
subsection
3,
Code
2023,
as
amended
2
by
2023
Iowa
Acts,
Senate
File
514,
section
2087,
is
amended
3
to
read
as
follows:
4
3.
The
authority
shall
encourage
development
projects
and
5
activities
located
in
certified
cultural
and
entertainment
6
districts
through
incentives
under
cultural
grant
programs
7
pursuant
to
section
303.3
15.436
,
subchapter
II,
part
30
,
and
8
any
other
applicable
grant
programs.
9
Sec.
28.
Section
546.10,
subsection
3,
paragraph
a,
Code
10
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
11
1704,
is
amended
to
read
as
follows:
12
a.
The
licensing
and
regulation
examining
boards
included
13
in
the
bureau
department
pursuant
to
subsection
1
retain
the
14
powers
granted
them
pursuant
to
the
chapters
in
which
they
are
15
created,
except
for
budgetary
and
personnel
matters
which
shall
16
be
handled
by
the
director.
Each
licensing
board
shall
adopt
17
rules
pursuant
to
chapter
17A
.
Decisions
by
a
licensing
board
18
are
final
agency
actions
for
purposes
of
chapter
17A
.
19
Sec.
29.
Section
727.2,
subsection
3,
paragraph
d,
as
20
enacted
by
2023
Iowa
Acts,
House
File
202,
section
7,
is
21
amended
to
read
as
follows:
22
d.
Any
retailer
or
community
group
offering
for
sale
23
at
retail
any
consumer
fireworks
shall
do
so
in
accordance
24
with
the
national
fire
protection
association
standard
1124,
25
published
in
the
code
for
the
manufacture,
transportation,
26
storage,
and
retail
sales
of
fireworks
and
pyrotechnic
27
articles,
2006
edition,
and
shall
not
be
subject
to
any
other
28
standards
or
requirements
unless
provided
for
by
the
state
fire
29
marshal
director
of
the
department
of
inspections,
appeals,
and
30
licensing
under
section
100.19
10A.519
.
31
Sec.
30.
2015
Iowa
Acts,
chapter
138,
section
97,
as
amended
32
by
2023
Iowa
Acts,
Senate
File
514,
section
1710,
is
amended
33
to
read
as
follows:
34
SEC.
97.
RESIDENTIAL
SWIMMING
POOLS
——
PRIVATE
SWIMMING
35
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_____
LESSONS.
Notwithstanding
any
provision
of
law
to
the
contrary,
1
the
department
of
inspections,
appeals,
and
licensing
shall
2
require
that
a
residential
swimming
pool
used
for
private
3
swimming
lessons
for
up
to
two
hundred
seven
hours
in
a
4
calendar
month,
or
the
number
of
hours
prescribed
by
local
5
ordinance
applicable
to
such
use
of
a
residential
swimming
6
pool,
whichever
is
greater,
be
regulated
as
a
residential
7
swimming
pool
used
for
commercial
purposes
pursuant
to
chapter
8
135I
.
The
department
of
public
health
inspections,
appeals,
9
and
licensing
may
adopt
rules
to
implement
this
section.
10
Sec.
31.
2021
Iowa
Acts,
chapter
45,
section
5,
is
amended
11
to
read
as
follows:
12
SEC.
5.
APPLICABILITY.
This
Act
applies
to
financial
13
assistance
provided
by
the
economic
development
authority
to
14
apprenticeship
sponsors
and
lead
apprenticeship
sponsors
that
15
apply
for
financial
assistance
on
or
after
July
1,
2021.
16
Sec.
32.
2023
Iowa
Acts,
Senate
File
514,
section
2605,
is
17
amended
to
read
as
follows:
18
SEC.
2605.
APPLICABILITY.
This
portion
of
this
division
19
of
this
Act
applies
to
individuals
appointed
as
the
executive
20
director
of
the
board
of
educational
examiners
before,
on,
or
21
after
the
effective
date
of
this
division
of
this
Act.
22
Sec.
33.
2023
Iowa
Acts,
Senate
File
514,
section
2643,
is
23
amended
to
read
as
follows:
24
SEC.
2643.
APPLICABILITY.
This
portion
of
this
division
25
of
this
Act
applies
to
individuals
appointed
as
the
executive
26
director
of
the
college
student
aid
commission
before,
on,
or
27
after
the
effective
date
of
this
division
of
this
Act.
28
MISCELLANEOUS
CORRECTIONS
29
Sec.
34.
Section
12K.1,
subsection
4,
paragraph
j,
if
30
enacted
by
2023
Iowa
Acts,
Senate
File
418,
section
4,
is
31
amended
by
striking
the
paragraph.
32
Sec.
35.
Section
12K.1,
if
enacted
by
2023
Iowa
Acts,
Senate
33
File
418,
section
4,
is
amended
by
adding
the
following
new
34
subsection:
35
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_____
NEW
SUBSECTION
.
5.
“Public
fund”
means
the
treasurer
of
1
state,
the
state
board
of
regents,
the
public
safety
peace
2
officers’
retirement
system
created
in
chapter
97A,
the
Iowa
3
public
employees’
retirement
system
created
in
chapter
97B,
the
4
statewide
fire
and
police
retirement
system
created
in
chapter
5
411,
or
the
judicial
retirement
system
created
in
chapter
602.
6
Sec.
36.
2023
Iowa
Acts,
Senate
File
418,
if
enacted,
is
7
amended
by
adding
the
following
new
section:
8
NEW
SECTION
.
SEC.
9A.
Section
35A.13,
subsection
4,
9
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
10
a.
Notwithstanding
subsection
5
,
moneys
in
the
fund,
except
11
so
much
of
the
fund
as
may
be
necessary
to
be
kept
on
hand
12
for
the
making
of
disbursements
under
this
section
,
shall
13
be
invested
by
the
treasurer
of
state,
in
consultation
with
14
the
commission
and
the
public
retirement
systems
committee
15
established
by
section
97D.4
,
in
any
investments
authorized
for
16
the
Iowa
public
employees’
retirement
system
in
section
97B.7A
,
17
including
common
stock,
and
subject
to
the
requirements
of
18
chapters
12F
,
12H
,
and
12J
,
and
12K,
and
the
earnings
therefrom
19
shall
be
credited
to
the
fund.
The
treasurer
of
state
may
20
execute
contracts
and
agreements
with
investment
advisors,
21
consultants,
and
investment
management
and
benefit
consultant
22
firms
in
the
administration
of
investments
of
moneys
in
the
23
fund.
24
Sec.
37.
Section
135B.1,
subsection
5,
as
enacted
by
2023
25
Iowa
Acts,
Senate
File
75,
section
1,
is
amended
to
read
as
26
follows:
27
5.
“Rural
emergency
hospital”
means
a
facility
that
provides
28
rural
emergency
hospital
services
in
the
facility
twenty-four
29
hours
per
day,
seven
days
per
week;
does
not
provide
any
acute
30
care
inpatient
services
with
the
exception
of
any
distinct
31
part
of
the
facility
licensed
as
a
skilled
nursing
facility
32
providing
posthospital
extended
care
services;
and
meets
the
33
criteria
specified
in
section
135B.1A
135B.3A
and
the
federal
34
Consolidated
Appropriations
Act,
Pub.
L.
No.
116-260,
§125.
35
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H.F.
_____
Sec.
38.
Section
135R.3,
subsections
1
and
2,
as
enacted
by
1
2023
Iowa
Acts,
Senate
File
75,
section
24,
are
amended
to
read
2
as
follows:
3
1.
An
applicant
for
an
ambulatory
surgical
center
license
4
shall
submit
an
application
to
the
department.
Applications
5
shall
be
upon
such
forms
and
shall
include
such
information
6
as
the
department
may
reasonably
require,
which
may
include
7
affirmative
evidence
of
the
ability
to
comply
with
reasonable
8
rules
and
standards
prescribed
under
this
chapter
but
which
9
shall
not
exceed
the
requirements
for
applications
required
by
10
Medicare
or
an
accrediting
organization
with
deeming
authority
11
authorized
by
the
centers
for
Medicare
and
Medicaid
services
of
12
the
United
States
department
of
health
and
human
services.
13
2.
An
applicant
for
an
initial
ambulatory
surgical
center
14
license
that
has
been
certified
by
Medicare
or
an
accrediting
15
organization
with
deeming
authority
authorized
by
the
centers
16
for
Medicare
and
Medicaid
services
of
the
United
States
17
department
of
health
and
human
services
shall
be
granted
an
18
initial
license.
19
Sec.
39.
Section
147.164,
subsection
2,
paragraph
a,
20
unnumbered
paragraph
1,
as
enacted
by
2023
Iowa
Acts,
Senate
21
File
538,
section
1,
is
amended
to
read
as
follows:
22
Except
as
otherwise
provided
in
paragraph
“c”
,
a
health
23
care
professional
shall
not
knowingly
engage
in
or
cause
any
24
of
the
following
practices
to
be
performed
on
a
minor
if
the
25
practice
is
performed
for
the
purpose
of
attempting
to
alter
26
the
appearance
of,
or
affirm
the
minor’s
perception
of,
the
27
minor’s
gender
or
sex,
if
that
appearance
or
perception
is
28
inconsistent
with
the
minor’s
sex
.
:
29
Sec.
40.
Section
476.1A,
subsection
6,
paragraph
c,
if
30
enacted
by
2023
Iowa
Acts,
House
File
599,
section
1,
is
31
amended
to
read
as
follows:
32
c.
“Safety
standards”
means
applicable
regulations
33
promulgated
by
the
United
States
occupational
safety
and
health
34
administration
and
by
Iowa
occupational
safety
and
health
35
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H.F.
_____
by
the
administration
the
labor
commissioner
under
chapter
1
88
.
Safety
standards
for
electric
utilities
subject
to
this
2
section
also
include
outage
notifications,
safety
standards
3
contained
in
the
national
electric
safety
code,
as
published
4
by
the
institute
of
electrical
and
electronic
engineers,
inc.,
5
and
electric
safety
standards
approved
by
the
American
national
6
standards
institute.
7
Sec.
41.
Section
521J.7,
subsection
1,
paragraph
b,
8
subparagraph
(1),
if
enacted
by
2023
Iowa
Acts,
Senate
File
9
549,
section
10,
is
amended
to
read
as
follows:
10
(1)
Subject
to
subparagraph
(2),
the
captive’s
company
11
captive
company’s
report
shall
be
filed
no
later
than
ninety
12
calendar
days
after
the
close
of
the
company’s
fiscal
year.
13
Sec.
42.
Section
521J.19,
subsection
3,
unnumbered
14
paragraph
1,
if
enacted
by
2023
Iowa
Acts,
Senate
File
549,
15
section
22,
is
amended
to
read
as
follows:
16
Notwithstanding
chapter
507C
or
any
other
provision
to
of
17
law
to
the
contrary,
in
the
conservation,
rehabilitation,
or
18
liquidation
of
a
protected
cell
captive
company,
all
of
the
19
following
requirements
shall
be
met:
20
Sec.
43.
Section
533C.305,
subsection
4,
if
enacted
by
2023
21
Iowa
Acts,
House
File
675,
section
14,
is
amended
to
read
as
22
follows:
23
4.
If
an
applicant
avails
itself
or
is
otherwise
subject
24
to
a
multistate
licensing
process,
the
superintendent
is
25
authorized
and
encouraged
to
accept
the
investigation
results
26
of
a
lead
investigative
state
for
the
purpose
of
subsection
27
3,
if
the
lead
investigative
state
has
sufficient
staffing,
28
expertise,
and
minimum
standards.
Additionally,
if
this
29
state
is
a
lead
investigative
state,
the
superintendent
is
30
authorized
and
encouraged
to
investigate
the
applicant
pursuant
31
to
subsection
3,
and
the
time
frames
established
by
agreement
32
through
the
multistate
licensing
process,
provided,
that
in
no
33
case
shall
such
time
frame
be
noncompliant
with
the
application
34
period
in
subsection
1
,
paragraph
“a”
.
35
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H.F.
_____
Sec.
44.
Section
533C.804,
subsection
1,
paragraph
m,
1
subparagraph
(1),
subparagraph
division
(d),
if
enacted
by
2023
2
Iowa
Acts,
House
File
675,
section
35,
is
amended
to
read
as
3
follows:
4
(d)
Contain
an
issue
date
and
expiration
date,
and
expressly
5
provide
for
automatic
extension,
without
written
amendment,
6
for
an
additional
period
of
one
year
from
the
present
or
each
7
future
expiration
date,
unless
the
issuer
of
the
letter
of
8
credit
notifies
the
superintendent
in
writing
by
certified
9
or
registered
mail
or
courier
mail
or
other
receipted
means,
10
at
least
sixty
days
prior
to
any
expiration
date,
that
the
11
irrevocable
letter
of
credit
shall
not
be
extended.
In
the
12
event
of
any
notice
of
expiration
or
nonextension
of
a
letter
13
of
credit
issued
under
this
subparagraph
division,
the
licensee
14
shall
be
required
to
demonstrate
to
the
satisfaction
of
the
15
superintendent,
fifteen
days
prior
to
expiration,
that
the
16
licensee
maintains
and
will
maintain
permissible
investments
17
in
accordance
with
section
533C.803,
subsection
1,
upon
the
18
expiration
of
the
letter
of
credit.
If
the
licensee
is
not
19
able
to
do
so,
the
superintendent
may
draw
on
the
letter
of
20
credit
in
an
amount
up
to
the
amount
necessary
to
meet
the
21
licensee’s
requirements
to
maintain
permissible
investments
22
in
accordance
with
section
533C.803,
subsection
1.
Any
23
such
draw
shall
be
offset
against
the
licensee’s
outstanding
24
money
transmission
obligations.
The
drawn
funds
shall
be
25
held
in
trust
by
the
superintendent
or
the
superintendent’s
26
designated
agent,
to
the
extent
authorized
by
law,
as
agent
for
27
the
benefit
of
the
purchasers
and
holders
of
the
licensee’s
28
outstanding
money
transmission
obligations.
29
Sec.
45.
Section
544C.1,
subsection
1A,
if
enacted
by
2023
30
Iowa
Acts,
Senate
File
135,
section
1,
is
amended
to
read
as
31
follows:
32
NEW
SUBSECTION
.
1A.
“Building
equipment”
means
any
33
mechanical
,
plumbing,
electrical,
or
structural
components,
34
including
a
conveyance,
designed
for
or
located
in
a
building
35
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H.F.
_____
or
structure.
1
Sec.
46.
CODE
EDITOR
DIRECTIVE.
If
House
File
421
and
House
2
File
652
are
both
enacted
by
the
first
session
of
the
90th
3
General
Assembly,
the
Code
editor
shall
change
the
term
“barber
4
school
or
school
of
cosmetology
arts
and
sciences”
to
“school
5
of
barbering
and
cosmetology
arts
and
sciences”
wherever
the
6
term
is
enacted
in
House
File
421.
7
Sec.
47.
EFFECTIVE
DATE.
The
following,
being
deemed
of
8
immediate
importance,
take
effect
upon
enactment:
9
1.
The
section
of
this
division
of
this
Act
amending
section
10
135B.1,
subsection
5.
11
2.
The
section
of
this
division
of
this
Act
amending
section
12
147.164,
subsection
2,
paragraph
“a”,
unnumbered
paragraph
1.
13
Sec.
48.
RETROACTIVE
APPLICABILITY.
The
following
applies
14
retroactively
to
March
28,
2023:
15
The
section
of
this
division
of
this
Act
amending
section
16
135B.1,
subsection
5.
17
Sec.
49.
APPLICABILITY.
The
following
applies
one
hundred
18
eighty
days
after
March
22,
2023:
19
The
section
of
this
division
of
this
Act
amending
section
20
147.164,
subsection
2,
paragraph
“a”,
unnumbered
paragraph
1.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
APPROPRIATIONS,
DISTRIBUTIONS,
TRANSFERS,
AND
EXPENDITURE
25
AUTHORITY.
This
bill
limits
the
standing
appropriations
for
26
FY
2023-2024
for
payment
of
claims
for
nonpublic
school
pupil
27
transportation,
instructional
support
state
aid,
state
aid
for
28
area
education
agencies,
and
payments
under
Code
section
441.21
29
relating
to
certain
property
assessment
limitations.
The
bill
30
authorizes
salary
adjustments
to
be
funded
as
determined
by
the
31
department
of
management
(DOM)
from
unappropriated
moneys
in
32
certain
special
funds.
33
The
bill
provides
that
for
FY
2022-2023,
moneys
in
excess
34
of
the
maximum
balance
of
the
Iowa
economic
emergency
fund
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shall
not
be
distributed
as
provided
in
Code
section
8.55(2),
1
but
shall
instead
be
distributed
as
provided
in
the
bill.
2
Under
the
bill,
moneys
are
first
transferred
to
the
general
3
fund
of
the
state
in
an
amount
equal
to
the
difference
in
4
foundation
property
tax
statewide
based
on
2023
Iowa
Acts,
5
Senate
File
181,
to
pay
foundation
aid
under
Code
chapter
257
6
for
FY
2023-2024.
The
amount
that
would
be
distributed
to
7
the
taxpayer
relief
fund
under
current
law
is
reduced
by
the
8
transferred
amount.
The
transferred
amount
is
to
be
determined
9
by
DOM.
These
provisions
take
effect
upon
enactment.
10
CORRECTIVE
PROVISIONS.
The
bill
makes
technical
corrections
11
to,
or
as
the
result
of,
legislation
enacted
or
considered
12
during
the
2023
legislative
session.
Certain
provisions
take
13
effect
upon
enactment
and
apply
retroactively
to
the
effective
14
date
of
the
amended
legislation.
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