Bill Text: IA SF578 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to state finances, including by making, modifying, limiting, or reducing appropriations, distributions, or transfers, authorizing expenditure of certain unappropriated moneys, making corrections, and including effective date, applicability, and retroactive applicability provisions. (Formerly SSB 1222.) Effective date: 06/01/2023, 07/01/2023. Applicability date: 03/28/2023, 09/18/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-06-01 - Signed by Governor. S.J. 1089. [SF578 Detail]
Download: Iowa-2023-SF578-Enrolled.html
Senate
File
578
-
Enrolled
Senate
File
578
AN
ACT
RELATING
TO
STATE
FINANCES,
INCLUDING
BY
MAKING,
MODIFYING,
LIMITING,
OR
REDUCING
APPROPRIATIONS,
DISTRIBUTIONS,
OR
TRANSFERS,
AUTHORIZING
EXPENDITURE
OF
CERTAIN
UNAPPROPRIATED
MONEYS,
MAKING
CORRECTIONS,
AND
INCLUDING
EFFECTIVE
DATE,
APPLICABILITY,
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
APPROPRIATIONS,
DISTRIBUTIONS,
TRANSFERS,
AND
EXPENDITURE
AUTHORITY
Section
1.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
——
FY
2023-2024.
Notwithstanding
the
standing
appropriation
in
the
following
designated
section
for
the
fiscal
year
beginning
July
1,
2023,
and
ending
June
30,
2024,
the
amount
appropriated
from
the
general
fund
of
the
state
pursuant
to
that
section
for
the
following
designated
purpose
shall
not
exceed
the
following
amount:
For
payment
of
claims
for
nonpublic
school
pupil
transportation
under
section
285.2
:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
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.
.
.
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.
.
.
.
.
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.
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.
.
.
$
8,997,091
If
total
approved
claims
for
reimbursement
for
nonpublic
school
pupil
transportation
exceed
the
amount
appropriated
in
accordance
with
this
section,
the
department
of
education
shall
prorate
the
amount
of
each
approved
claim.
Sec.
2.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
2023-2024.
In
lieu
of
the
appropriation
provided
in
section
257.20,
Senate
File
578,
p.
2
subsection
2,
the
appropriation
for
the
fiscal
year
beginning
July
1,
2023,
and
ending
June
30,
2024,
for
paying
instructional
support
state
aid
under
section
257.20
for
the
fiscal
year
is
zero.
Sec.
3.
SPECIAL
FUNDS
——
SALARY
ADJUSTMENTS
——
UNAPPROPRIATED
MONEYS
——
FY
2023-2024.
For
the
fiscal
year
beginning
July
1,
2023,
and
ending
June
30,
2024,
salary
adjustments
otherwise
provided
may
be
funded
as
determined
by
the
department
of
management,
subject
to
any
applicable
constitutional
limitation,
using
unappropriated
moneys
remaining
in
the
commerce
revolving
fund,
the
gaming
enforcement
revolving
fund,
the
gaming
regulatory
revolving
fund,
the
primary
road
fund,
the
road
use
tax
fund,
the
fish
and
game
protection
fund,
and
the
Iowa
public
employees’
retirement
fund,
and
in
other
departmental
revolving,
trust,
or
special
funds
for
which
the
general
assembly
has
not
made
an
operating
budget
appropriation.
Sec.
4.
DISTRIBUTIONS
OF
IOWA
ECONOMIC
EMERGENCY
FUND
EXCESS
——
FY
2022-2023.
1.
Notwithstanding
section
8.55,
subsection
2,
paragraphs
“a”
and
“b”,
for
the
fiscal
year
beginning
July
1,
2022,
and
ending
June
30,
2023,
moneys
in
excess
of
the
maximum
balance
of
the
Iowa
economic
emergency
fund
created
in
section
8.55
shall
be
distributed
as
follows:
a.
An
amount
equal
to
the
difference
between
the
foundation
property
tax
statewide
under
section
257.3
for
the
fiscal
year
beginning
July
1,
2023,
calculated
using
taxable
valuations
for
the
assessment
year
beginning
January
1,
2022,
following
application
of
assessment
limitations
calculated
under
section
441.21,
Code
2023,
and
the
foundation
property
tax
statewide
under
section
257.3
for
the
fiscal
year
beginning
July
1,
2023,
calculated
using
taxable
valuations
for
the
assessment
year
beginning
January
1,
2022,
following
application
of
assessment
limitations
calculated
under
section
441.21,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
181,
shall
be
transferred
to
the
general
fund
of
the
state
to
pay
foundation
aid
under
chapter
257
as
described
in
section
257.16
for
the
fiscal
year
beginning
July
1,
2023.
b.
Of
the
remaining
moneys,
if
any,
the
difference
between
Senate
File
578,
p.
3
the
actual
net
revenue
for
the
general
fund
of
the
state
for
the
fiscal
year
and
the
adjusted
revenue
estimate
for
the
fiscal
year,
reduced
by
the
amount
transferred
under
paragraph
“a”,
shall
be
transferred
to
the
taxpayer
relief
fund
created
in
section
8.57E.
c.
The
remaining
moneys,
if
any,
shall
be
transferred
to
the
general
fund
of
the
state.
2.
The
amount
to
be
transferred
under
subsection
1,
paragraph
“a”,
shall
be
determined
by
the
department
of
management
on
or
before
July
31,
2023.
The
department
shall
notify
the
legislative
services
agency
of
the
department’s
determination.
Sec.
5.
Section
257.35,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
17A.
Notwithstanding
subsection
1,
and
in
addition
to
the
reduction
applicable
pursuant
to
subsection
2,
the
state
aid
for
area
education
agencies
and
the
portion
of
the
combined
district
cost
calculated
for
these
agencies
for
the
fiscal
year
beginning
July
1,
2023,
and
ending
June
30,
2024,
shall
be
reduced
by
the
department
of
management
by
twenty-two
million
fifty-seven
thousand
one
hundred
thirty-one
dollars.
The
reduction
for
each
area
education
agency
shall
be
prorated
based
on
the
reduction
that
the
agency
received
in
the
fiscal
year
beginning
July
1,
2003.
Sec.
6.
Section
441.21,
subsection
5,
paragraph
e,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
For
the
fiscal
year
beginning
July
1,
2023,
there
is
appropriated
from
the
general
fund
of
the
state
to
the
department
of
revenue
the
sum
of
one
hundred
twenty-two
million
three
hundred
fifty
thousand
dollars
to
be
used
for
payments
under
this
paragraph
calculated
as
a
result
of
the
assessment
limitations
imposed
under
paragraph
“b”
,
subparagraph
(2),
subparagraph
division
(a),
and
paragraph
“c”
,
subparagraph
(2),
subparagraph
division
(a).
For
each
fiscal
year
beginning
on
or
after
July
1,
2023
2024
,
there
is
appropriated
from
the
general
fund
of
the
state
to
the
department
of
revenue
the
sum
of
one
hundred
twenty-five
million
dollars
to
be
used
for
payments
under
this
paragraph
calculated
as
a
result
of
the
assessment
limitations
imposed
under
paragraph
“b”
,
Senate
File
578,
p.
4
subparagraph
(2),
subparagraph
division
(a),
and
paragraph
“c”
,
subparagraph
(2),
subparagraph
division
(a).
Sec.
7.
EFFECTIVE
DATE.
The
following,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment:
The
section
of
this
division
of
this
Act
providing
for
distributions
of
moneys
in
excess
of
the
maximum
balance
of
the
Iowa
economic
emergency
fund.
DIVISION
II
CORRECTIVE
PROVISIONS
CORRECTIONS
ASSOCIATED
WITH
SENATE
FILE
514
Sec.
8.
Section
15.342A,
subsection
2,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
2219,
is
amended
to
read
as
follows:
2.
For
the
fiscal
year
beginning
July
1,
2023,
and
for
each
fiscal
year
thereafter,
there
is
annually
appropriated
from
the
workforce
development
fund
account
to
the
apprenticeship
training
program
fund
created
in
section
15B.3
84D.3
three
million
dollars
for
the
purposes
of
chapter
15B
84D
.
Sec.
9.
Section
15C.1,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
An
apprenticeship
sponsor
receiving
financial
assistance
under
chapter
15B
84D
or
section
15C.2
84E.2
is
ineligible
for
financial
assistance
under
this
section
during
the
same
fiscal
year.
Sec.
10.
Section
15C.2,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
An
apprenticeship
sponsor
receiving
financial
assistance
under
chapter
15B
84D
or
section
15C.1
84E.1
is
ineligible
to
receive
financial
assistance
under
this
section
during
the
same
fiscal
year.
An
apprenticeship
sponsor
who
trains
through
a
lead
apprenticeship
sponsor
that
qualifies
for
financial
assistance
under
chapter
15B
84D
is
ineligible
to
receive
financial
assistance
under
this
section
.
Sec.
11.
Section
22.7,
subsection
31,
Code
2023,
is
amended
to
read
as
follows:
31.
Memoranda,
work
products,
and
case
files
of
a
mediator
and
all
other
confidential
communications
in
the
possession
of
a
mediator,
as
provided
in
chapters
86
chapter
10A,
subchapter
III,
and
chapter
216
.
Information
in
these
confidential
Senate
File
578,
p.
5
communications
is
subject
to
disclosure
only
as
provided
in
sections
86.44
10A.332
and
216.15B
,
notwithstanding
any
other
contrary
provision
of
this
chapter
.
Sec.
12.
Section
92.5,
subsection
11,
Code
2023,
is
amended
to
read
as
follows:
11.
Other
work
approved
by
the
rules
adopted
pursuant
to
chapter
17A
by
the
labor
commissioner
director
.
Sec.
13.
Section
100D.3,
subsection
1,
paragraph
c,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1519,
is
amended
to
read
as
follows:
c.
Has
received
a
passing
score
on
the
national
inspection,
testing,
and
certification
star
fire
sprinkler
mastery
exam
or
on
an
equivalent
exam
from
a
nationally
recognized
third-party
testing
agency
that
is
approved
by
the
director,
or
is
certified
at
level
one
by
the
national
institute
for
certification
in
engineering
technologies
and
as
specified
by
rule
by
the
director,
or
is
certified
by
another
entity
approved
by
the
fire
marshal
director
.
Sec.
14.
Section
101.22,
subsection
4,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1534,
is
amended
to
read
as
follows:
4.
The
registration
notice
of
the
owner
or
operator
to
the
director
under
subsections
1
through
3
shall
be
accompanied
by
an
annual
fee
of
twenty
dollars
for
each
tank
included
in
the
notice.
All
moneys
collected
shall
be
retained
by
the
department
of
inspections,
appeals,
and
licensing
and
are
appropriated
for
the
use
of
the
director.
The
annual
renewal
fee
applies
to
all
owners
or
operators
who
file
a
registration
notice
with
the
state
fire
marshal
director
pursuant
to
subsections
1
through
3
.
Sec.
15.
Section
101.24,
subsection
4,
paragraph
a,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1536,
is
amended
to
read
as
follows:
a.
If
the
owner
or
operator
of
any
property
refuses
admittance,
or
if
prior
to
such
refusal
the
director
demonstrates
the
necessity
for
a
warrant,
the
state
fire
marshal
director
may
make
application
under
oath
or
affirmation
to
the
district
court
of
the
county
in
which
the
property
is
located
for
the
issuance
of
a
search
warrant.
Senate
File
578,
p.
6
Sec.
16.
Section
101A.1,
subsection
2A,
paragraph
c,
subparagraph
(4),
as
enacted
by
2023
Iowa
Acts,
House
File
202,
section
2,
is
amended
to
read
as
follows:
(4)
Any
device
the
state
fire
marshal
director
determines
is
not
likely
to
be
used
as
a
weapon
or
that
is
an
antique.
Sec.
17.
Section
103.14,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1562,
is
amended
to
read
as
follows:
103.14
Alarm
installations.
A
person
who
is
not
licensed
pursuant
to
this
chapter
may
plan,
lay
out,
or
install
electrical
wiring,
apparatus,
and
equipment
for
components
of
alarm
systems
that
operate
at
seventy
volt/amps
(VA)
or
less,
only
if
the
person
is
certified
to
conduct
such
work
pursuant
to
chapter
100C
.
Installations
of
alarm
systems
that
operate
at
seventy
volt/amps
(VA)
or
less
are
subject
to
inspection
by
state
inspectors
as
provided
in
section
103.31
,
except
that
reports
of
such
inspections,
if
the
installation
being
inspected
was
performed
by
a
person
certified
pursuant
to
chapter
100C
,
shall
be
submitted
to
the
director
and
any
action
taken
on
a
report
of
an
inspection
of
an
installation
performed
by
a
person
certified
pursuant
to
chapter
100C
shall
be
taken
by
or
at
the
direction
of
the
state
fire
marshal
director
,
unless
the
installation
has
been
found
to
exceed
the
authority
granted
to
the
certificate
holder
pursuant
to
chapter
100C
and
therefore
to
be
in
violation
of
this
chapter
.
Sec.
18.
Section
135.11A,
subsection
1,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1580,
is
amended
to
read
as
follows:
1.
Each
board
under
chapters
chapter
100C,
103,
103A,
105,
or
147
that
are
is
under
the
administrative
authority
of
the
department,
except
the
board
of
nursing,
board
of
medicine,
dental
board,
and
board
of
pharmacy,
shall
receive
administrative
and
clerical
support
from
the
department
and
may
not
employ
its
own
support
staff
for
administrative
and
clerical
duties.
The
executive
director
of
the
board
of
nursing,
board
of
medicine,
dental
board,
and
board
of
pharmacy
shall
be
appointed
pursuant
to
section
135.11B
.
Sec.
19.
Section
135B.34,
subsection
7,
Code
2023,
as
Senate
File
578,
p.
7
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
166,
is
amended
to
read
as
follows:
7.
For
the
purposes
of
this
section
,
“comprehensive
preliminary
background
check”
and
“record
check
evaluation
system”
mean
:
a.
“Comprehensive
preliminary
background
check”
means
the
same
as
defined
in
section
135C.1
.
b.
“Record
check
evaluation
system”
means
the
same
as
defined
in
section
135C.1.
Sec.
20.
Section
135R.1,
subsection
2,
as
enacted
by
2023
Iowa
Acts,
Senate
File
75,
section
22,
is
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
21.
Section
156.1A,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1632,
is
amended
to
read
as
follows:
156.1A
Provision
of
services.
Nothing
contained
in
this
chapter
shall
be
construed
as
prohibiting
the
operation
of
any
funeral
home,
funeral
establishment,
or
cremation
establishment
by
any
person,
heir,
fiduciary,
firm,
cooperative
burial
association,
or
corporation.
However,
each
such
person,
firm,
cooperative
burial
association,
or
corporation
shall
ensure
that
all
mortuary
science
services
are
provided
by
a
funeral
director,
and
shall
keep
the
Iowa
department
of
inspections,
appeals,
and
licensing
advised
of
the
name
of
the
funeral
director.
Sec.
22.
Section
249K.2,
subsection
6,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
820,
is
amended
to
read
as
follows:
5.
“New
construction”
means
the
construction
of
a
new
nursing
facility
which
does
not
replace
an
existing
licensed
and
certified
facility
and
requires
the
provider
to
obtain
a
certificate
of
need
pursuant
to
chapter
135
10A
,
subchapter
VI
VII
.
Sec.
23.
Section
252D.16,
subsection
1,
as
enacted
by
2023
Iowa
Acts,
Senate
File
514,
section
882,
is
amended
to
read
as
follows:
1.
“Child
support
services”
means
the
same
as
child
Senate
File
578,
p.
8
supported
support
services
created
in
section
252B.2.
Sec.
24.
Section
252E.1,
subsection
5,
as
enacted
by
2023
Iowa
Acts,
Senate
File
514,
section
895,
is
amended
to
read
as
follows:
5.
“Child
support
services”
means
child
support
services
created
in
section
252B.1
252B.2
.
Sec.
25.
Section
256.11,
subsection
5A,
paragraph
a,
if
enacted
by
2023
Iowa
Acts,
Senate
File
391,
section
14,
is
amended
to
read
as
follows:
a.
The
board
of
directors
of
a
school
district
or
the
authorities
in
charge
of
an
accredited
nonpublic
school
may
authorize
a
teacher
who
is
appropriately
licensed
by
the
board
of
educational
examiners
under
chapter
272
to
teach
two
or
more
sequential
units
of
one
subject
area
in
the
same
classroom
at
the
same
time
in
grades
nine
through
twelve.
The
board
of
directors
of
a
school
district
or
the
authorities
in
charge
of
an
accredited
nonpublic
school
shall
award
high
school
credit
to
a
student
upon
the
student’s
successful
completion
of
the
course.
The
teacher
must
meet
the
minimum
certification
requirements
of
the
national
organization
that
administers
the
advanced
placement
program
if
one
of
the
units
being
offered
pursuant
to
this
paragraph
is
an
advanced
placement
course.
Sec.
26.
Section
261G.4,
subsection
5,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
2640,
is
amended
to
read
as
follows:
5.
Students
attending
a
participating
nonresident
institution
are
ineligible
for
state
student
financial
aid
programs
established
under
chapter
256,
subchapter
VII,
part
4
.
Sec.
27.
Section
303.3B,
subsection
3,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
2087,
is
amended
to
read
as
follows:
3.
The
authority
shall
encourage
development
projects
and
activities
located
in
certified
cultural
and
entertainment
districts
through
incentives
under
cultural
grant
programs
pursuant
to
section
303.3
15.436
,
subchapter
II,
part
30
,
and
any
other
applicable
grant
programs.
Sec.
28.
Section
546.10,
subsection
3,
paragraph
a,
Code
2023,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1704,
is
amended
to
read
as
follows:
Senate
File
578,
p.
9
a.
The
licensing
and
regulation
examining
boards
included
in
the
bureau
department
pursuant
to
subsection
1
retain
the
powers
granted
them
pursuant
to
the
chapters
in
which
they
are
created,
except
for
budgetary
and
personnel
matters
which
shall
be
handled
by
the
director.
Each
licensing
board
shall
adopt
rules
pursuant
to
chapter
17A
.
Decisions
by
a
licensing
board
are
final
agency
actions
for
purposes
of
chapter
17A
.
Sec.
29.
Section
727.2,
subsection
3,
paragraph
d,
as
enacted
by
2023
Iowa
Acts,
House
File
202,
section
7,
is
amended
to
read
as
follows:
d.
Any
retailer
or
community
group
offering
for
sale
at
retail
any
consumer
fireworks
shall
do
so
in
accordance
with
the
national
fire
protection
association
standard
1124,
published
in
the
code
for
the
manufacture,
transportation,
storage,
and
retail
sales
of
fireworks
and
pyrotechnic
articles,
2006
edition,
and
shall
not
be
subject
to
any
other
standards
or
requirements
unless
provided
for
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
under
section
100.19
10A.519
.
Sec.
30.
2015
Iowa
Acts,
chapter
138,
section
97,
as
amended
by
2023
Iowa
Acts,
Senate
File
514,
section
1710,
is
amended
to
read
as
follows:
SEC.
97.
RESIDENTIAL
SWIMMING
POOLS
——
PRIVATE
SWIMMING
LESSONS.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
department
of
inspections,
appeals,
and
licensing
shall
require
that
a
residential
swimming
pool
used
for
private
swimming
lessons
for
up
to
two
hundred
seven
hours
in
a
calendar
month,
or
the
number
of
hours
prescribed
by
local
ordinance
applicable
to
such
use
of
a
residential
swimming
pool,
whichever
is
greater,
be
regulated
as
a
residential
swimming
pool
used
for
commercial
purposes
pursuant
to
chapter
135I
.
The
department
of
public
health
inspections,
appeals,
and
licensing
may
adopt
rules
to
implement
this
section.
Sec.
31.
2021
Iowa
Acts,
chapter
45,
section
5,
is
amended
to
read
as
follows:
SEC.
5.
APPLICABILITY.
This
Act
applies
to
financial
assistance
provided
by
the
economic
development
authority
to
apprenticeship
sponsors
and
lead
apprenticeship
sponsors
that
apply
for
financial
assistance
on
or
after
July
1,
2021.
Senate
File
578,
p.
10
Sec.
32.
2023
Iowa
Acts,
Senate
File
514,
section
2605,
is
amended
to
read
as
follows:
SEC.
2605.
APPLICABILITY.
This
portion
of
this
division
of
this
Act
applies
to
individuals
appointed
as
the
executive
director
of
the
board
of
educational
examiners
before,
on,
or
after
the
effective
date
of
this
division
of
this
Act.
Sec.
33.
2023
Iowa
Acts,
Senate
File
514,
section
2643,
is
amended
to
read
as
follows:
SEC.
2643.
APPLICABILITY.
This
portion
of
this
division
of
this
Act
applies
to
individuals
appointed
as
the
executive
director
of
the
college
student
aid
commission
before,
on,
or
after
the
effective
date
of
this
division
of
this
Act.
MISCELLANEOUS
CORRECTIONS
Sec.
34.
Section
12K.1,
subsection
4,
paragraph
j,
if
enacted
by
2023
Iowa
Acts,
Senate
File
418,
section
4,
is
amended
by
striking
the
paragraph.
Sec.
35.
Section
12K.1,
if
enacted
by
2023
Iowa
Acts,
Senate
File
418,
section
4,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
“Public
fund”
means
the
treasurer
of
state,
the
state
board
of
regents,
the
public
safety
peace
officers’
retirement
system
created
in
chapter
97A,
the
Iowa
public
employees’
retirement
system
created
in
chapter
97B,
the
statewide
fire
and
police
retirement
system
created
in
chapter
411,
or
the
judicial
retirement
system
created
in
chapter
602.
Sec.
36.
2023
Iowa
Acts,
Senate
File
418,
if
enacted,
is
amended
by
adding
the
following
new
section:
NEW
SECTION
.
SEC.
9A.
Section
35A.13,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Notwithstanding
subsection
5
,
moneys
in
the
fund,
except
so
much
of
the
fund
as
may
be
necessary
to
be
kept
on
hand
for
the
making
of
disbursements
under
this
section
,
shall
be
invested
by
the
treasurer
of
state,
in
consultation
with
the
commission
and
the
public
retirement
systems
committee
established
by
section
97D.4
,
in
any
investments
authorized
for
the
Iowa
public
employees’
retirement
system
in
section
97B.7A
,
including
common
stock,
and
subject
to
the
requirements
of
chapters
12F
,
12H
,
and
12J
,
and
12K,
and
the
earnings
therefrom
shall
be
credited
to
the
fund.
The
treasurer
of
state
may
Senate
File
578,
p.
11
execute
contracts
and
agreements
with
investment
advisors,
consultants,
and
investment
management
and
benefit
consultant
firms
in
the
administration
of
investments
of
moneys
in
the
fund.
Sec.
37.
Section
135B.1,
subsection
5,
as
enacted
by
2023
Iowa
Acts,
Senate
File
75,
section
1,
is
amended
to
read
as
follows:
5.
“Rural
emergency
hospital”
means
a
facility
that
provides
rural
emergency
hospital
services
in
the
facility
twenty-four
hours
per
day,
seven
days
per
week;
does
not
provide
any
acute
care
inpatient
services
with
the
exception
of
any
distinct
part
of
the
facility
licensed
as
a
skilled
nursing
facility
providing
posthospital
extended
care
services;
and
meets
the
criteria
specified
in
section
135B.1A
135B.3A
and
the
federal
Consolidated
Appropriations
Act,
Pub.
L.
No.
116-260,
§125.
Sec.
38.
Section
135R.3,
subsections
1
and
2,
as
enacted
by
2023
Iowa
Acts,
Senate
File
75,
section
24,
are
amended
to
read
as
follows:
1.
An
applicant
for
an
ambulatory
surgical
center
license
shall
submit
an
application
to
the
department.
Applications
shall
be
upon
such
forms
and
shall
include
such
information
as
the
department
may
reasonably
require,
which
may
include
affirmative
evidence
of
the
ability
to
comply
with
reasonable
rules
and
standards
prescribed
under
this
chapter
but
which
shall
not
exceed
the
requirements
for
applications
required
by
Medicare
or
an
accrediting
organization
with
deeming
authority
authorized
by
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services.
2.
An
applicant
for
an
initial
ambulatory
surgical
center
license
that
has
been
certified
by
Medicare
or
an
accrediting
organization
with
deeming
authority
authorized
by
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services
shall
be
granted
an
initial
license.
Sec.
39.
Section
147.164,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
as
enacted
by
2023
Iowa
Acts,
Senate
File
538,
section
1,
is
amended
to
read
as
follows:
Except
as
otherwise
provided
in
paragraph
“c”
,
a
health
care
professional
shall
not
knowingly
engage
in
or
cause
any
Senate
File
578,
p.
12
of
the
following
practices
to
be
performed
on
a
minor
if
the
practice
is
performed
for
the
purpose
of
attempting
to
alter
the
appearance
of,
or
affirm
the
minor’s
perception
of,
the
minor’s
gender
or
sex,
if
that
appearance
or
perception
is
inconsistent
with
the
minor’s
sex
.
:
Sec.
40.
Section
476.1A,
subsection
6,
paragraph
c,
if
enacted
by
2023
Iowa
Acts,
House
File
599,
section
1,
is
amended
to
read
as
follows:
c.
“Safety
standards”
means
applicable
regulations
promulgated
by
the
United
States
occupational
safety
and
health
administration
and
by
Iowa
occupational
safety
and
health
by
the
administration
the
labor
commissioner
under
chapter
88
.
Safety
standards
for
electric
utilities
subject
to
this
section
also
include
outage
notifications,
safety
standards
contained
in
the
national
electric
safety
code,
as
published
by
the
institute
of
electrical
and
electronic
engineers,
inc.,
and
electric
safety
standards
approved
by
the
American
national
standards
institute.
Sec.
41.
Section
521J.7,
subsection
1,
paragraph
b,
subparagraph
(1),
if
enacted
by
2023
Iowa
Acts,
Senate
File
549,
section
10,
is
amended
to
read
as
follows:
(1)
Subject
to
subparagraph
(2),
the
captive’s
company
captive
company’s
report
shall
be
filed
no
later
than
ninety
calendar
days
after
the
close
of
the
company’s
fiscal
year.
Sec.
42.
Section
521J.19,
subsection
3,
unnumbered
paragraph
1,
if
enacted
by
2023
Iowa
Acts,
Senate
File
549,
section
22,
is
amended
to
read
as
follows:
Notwithstanding
chapter
507C
or
any
other
provision
to
of
law
to
the
contrary,
in
the
conservation,
rehabilitation,
or
liquidation
of
a
protected
cell
captive
company,
all
of
the
following
requirements
shall
be
met:
Sec.
43.
Section
533C.305,
subsection
4,
if
enacted
by
2023
Iowa
Acts,
House
File
675,
section
14,
is
amended
to
read
as
follows:
4.
If
an
applicant
avails
itself
or
is
otherwise
subject
to
a
multistate
licensing
process,
the
superintendent
is
authorized
and
encouraged
to
accept
the
investigation
results
of
a
lead
investigative
state
for
the
purpose
of
subsection
3,
if
the
lead
investigative
state
has
sufficient
staffing,
Senate
File
578,
p.
13
expertise,
and
minimum
standards.
Additionally,
if
this
state
is
a
lead
investigative
state,
the
superintendent
is
authorized
and
encouraged
to
investigate
the
applicant
pursuant
to
subsection
3,
and
the
time
frames
established
by
agreement
through
the
multistate
licensing
process,
provided,
that
in
no
case
shall
such
time
frame
be
noncompliant
with
the
application
period
in
subsection
1
,
paragraph
“a”
.
Sec.
44.
Section
533C.804,
subsection
1,
paragraph
m,
subparagraph
(1),
subparagraph
division
(d),
if
enacted
by
2023
Iowa
Acts,
House
File
675,
section
35,
is
amended
to
read
as
follows:
(d)
Contain
an
issue
date
and
expiration
date,
and
expressly
provide
for
automatic
extension,
without
written
amendment,
for
an
additional
period
of
one
year
from
the
present
or
each
future
expiration
date,
unless
the
issuer
of
the
letter
of
credit
notifies
the
superintendent
in
writing
by
certified
or
registered
mail
or
courier
mail
or
other
receipted
means,
at
least
sixty
days
prior
to
any
expiration
date,
that
the
irrevocable
letter
of
credit
shall
not
be
extended.
In
the
event
of
any
notice
of
expiration
or
nonextension
of
a
letter
of
credit
issued
under
this
subparagraph
division,
the
licensee
shall
be
required
to
demonstrate
to
the
satisfaction
of
the
superintendent,
fifteen
days
prior
to
expiration,
that
the
licensee
maintains
and
will
maintain
permissible
investments
in
accordance
with
section
533C.803,
subsection
1,
upon
the
expiration
of
the
letter
of
credit.
If
the
licensee
is
not
able
to
do
so,
the
superintendent
may
draw
on
the
letter
of
credit
in
an
amount
up
to
the
amount
necessary
to
meet
the
licensee’s
requirements
to
maintain
permissible
investments
in
accordance
with
section
533C.803,
subsection
1.
Any
such
draw
shall
be
offset
against
the
licensee’s
outstanding
money
transmission
obligations.
The
drawn
funds
shall
be
held
in
trust
by
the
superintendent
or
the
superintendent’s
designated
agent,
to
the
extent
authorized
by
law,
as
agent
for
the
benefit
of
the
purchasers
and
holders
of
the
licensee’s
outstanding
money
transmission
obligations.
Sec.
45.
Section
544C.1,
subsection
1A,
if
enacted
by
2023
Iowa
Acts,
Senate
File
135,
section
1,
is
amended
to
read
as
follows:
Senate
File
578,
p.
14
NEW
SUBSECTION
.
1A.
“Building
equipment”
means
any
mechanical
,
plumbing,
electrical,
or
structural
components,
including
a
conveyance,
designed
for
or
located
in
a
building
or
structure.
Sec.
46.
CODE
EDITOR
DIRECTIVE.
If
House
File
421
and
House
File
652
are
both
enacted
by
the
first
session
of
the
90th
General
Assembly,
the
Code
editor
shall
change
the
term
“barber
school
or
school
of
cosmetology
arts
and
sciences”
to
“school
of
barbering
and
cosmetology
arts
and
sciences”
wherever
the
term
is
enacted
in
House
File
421.
Sec.
47.
EFFECTIVE
DATE.
The
following,
being
deemed
of
immediate
importance,
take
effect
upon
enactment:
1.
The
section
of
this
division
of
this
Act
amending
section
135B.1,
subsection
5.
2.
The
section
of
this
division
of
this
Act
amending
section
147.164,
subsection
2,
paragraph
“a”,
unnumbered
paragraph
1.
Sec.
48.
RETROACTIVE
APPLICABILITY.
The
following
applies
retroactively
to
March
28,
2023:
The
section
of
this
division
of
this
Act
amending
section
135B.1,
subsection
5.
Sec.
49.
APPLICABILITY.
The
following
applies
one
hundred
eighty
days
after
March
22,
2023:
The
section
of
this
division
of
this
Act
amending
section
147.164,
subsection
2,
paragraph
“a”,
unnumbered
paragraph
1.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
578,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor