Amendments › HF 2643

Amendment H-8294 to HF 2643

Relating to state and local finances by making appropriations, providing for legal and regulatory responsibilities, providing for other properly related matters, and including effective date and retroactive applicability provisions

Adopted · June 12, 2020

Filed June 11, 2020 in the House by

What it changes

  1. Page 2, line 13, by striking “2021” and inserting “2021, and any specified date contained therein shall apply one year later than specified in such chapters”
  2. Page 3, by striking lines 20 through
  3. Page 3, line 33, by striking “subparagraph (2)” and inserting “subparagraph (2), as amended in this Act”
  4. Page 12, before line 1 by inserting: “Sec. ___. Section 124E.9, subsection 15, if enacted by 2020 Iowa Acts, House File 2589, section 20, is amended to read as follows:
  5. A medical cannabidiol dispensary may dispense more than a combined total of four and one-half grams of total tetrahydrocannabinol to a patient and the patient’s primary caregiver in a ninety-day period if any of the following apply: a. The health care practitioner who certified the patient to receive a medical cannabidiol registration card certifies that patient’s debilitating medical condition is a terminal illness with a life expectancy of less than one year. A certification issued pursuant to this paragraph shall include a total tetrahydrocannabinol cap deemed appropriate by the patient’s health care practitioner. b. The health care practitioner who certified the patient to receive a medical cannabidiol registration card certifies that the patient has participated in the medical cannabidiol program and that the health care practitioner has determined that four and one-half grams of total tetrahydrocannabinol in a ninety-day period is insufficient to treat the patient’s debilitating medical condition. A certification issued pursuant to this paragraph shall include a total tetrahydrocannabinol cap deemed appropriate by the patient’s health care practitioner. Sec. ___. Section 218.70, Code 2020, as amended by 2020 Iowa Acts, House File 2536, section 78, if enacted, is amended to read as follows: 218.70 Payment to party entitled. Moneys transmitted to the treasurer or of state under section 218.68 shall be paid, at any time within ten years from the death of the intestate, to any person who is shown to be entitled thereto. Payment shall be made from the state treasury out of the support fund of such institution in the manner provided for the payment of other claims from that fund.”
  6. Page 13, after line 20 by inserting: “DIVISION ___ IOWA STATE FAIR BOARD —— BOND AUTHORIZATION Sec. ___. IOWA STATE FAIR BOARD —— BOND AUTHORIZATION. If the Iowa state fair board decides not to hold the Iowa state fair for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the Iowa state fair board is authorized to issue and sell negotiable revenue bonds of the Iowa state fair authority pursuant to section 173.14B during the fiscal year for purposes of providing sufficient funds for the advancement of any of its corporate purposes, including salaries, support, maintenance, and miscellaneous purposes. DIVISION ___ IOWA LAW ENFORCEMENT ACADEMY —— RELOCATION Sec. ___. 2019 Iowa Acts, chapter 163, section 10, subsection 1, paragraph a, subparagraph (2), is amended to read as follows: (2) For the costs associated with temporary relocation of the Iowa law enforcement academy: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,015,442 Notwithstanding section 8.33, moneys appropriated in this subparagraph that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1,
  7. Sec. ___. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. Sec. ___. RETROACTIVE APPLICABILITY. This division of this Act, if approved by the governor on or after July 1, 2020, applies retroactively to June 30,
  8. DIVISION ___ NONPUBLIC SCHOOL CONCURRENT ENROLLMENT Sec. ___. 2019 Iowa Acts, chapter 135, section 5, subsection 27, is amended to read as follows:
  9. NONPUBLIC SCHOOL CONCURRENT ENROLLMENT PAYMENTS TO COMMUNITY COLLEGES For payments to community colleges for the concurrent enrollment of accredited nonpublic students under section 261E.8, subsection 2 , paragraph “b”, if enacted by 2019 Iowa Acts, Senate File 603 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1,
  10. Sec. ___. NONREVERSION NOT APPLICABLE TO FY 2020-2021. The specified nonreversion provision set forth in 2019 Iowa Acts, chapter 135, section 5, subsection 27, as amended in this division of this Act, is not applicable to the associated appropriation made for the fiscal year beginning July 1, 2020, and ending June 30, 2021, notwithstanding section 1 of this Act. Sec. ___. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. Sec. ___. RETROACTIVE APPLICABILITY. This division of this Act, if approved by the governor on or after July 1, 2020, applies retroactively to June 30,
  11. DIVISION ___ RESOURCE ENHANCEMENT AND PROTECTION Sec. ___. Section 455A.18, subsection 3, paragraph a, Code 2020, is amended to read as follows: a. For each fiscal year of the fiscal period beginning July 1, 1997, and ending June 30, 2021 2023 , there is appropriated from the general fund, to the Iowa resources enhancement and protection fund, the amount of twenty million dollars, to be used as provided in this chapter . However, in any fiscal year of the fiscal period, if moneys from the lottery are appropriated by the state to the fund, the amount appropriated under this subsection shall be reduced by the amount appropriated from the lottery. DIVISION ___ CIVIL TRIALS —— LOCATION Sec. ___. CIVIL TRIALS —— LOCATION. Notwithstanding any provision to the contrary, for the fiscal year beginning July 1, 2020, and ending June 30, 2021, if all parties in a case agree, a civil trial including a jury trial may take place in a county contiguous to the county with proper jurisdiction, even if the contiguous county is located in an adjacent judicial district or judicial election district. If the trial is moved pursuant to this section, court personnel shall treat the case as if a change of venue occurred. DIVISION ___ CLERKS OF THE DISTRICT COURT Sec. ___. Section 602.1215, subsection 1, Code 2020, is amended to read as follows:
  12. Subject to the provisions of section 602.1209, subsection 3 , the district judges of each judicial election district shall by majority vote appoint persons to serve as clerks of the district court within the judicial election district. The district judges of a judicial election district may appoint a person to serve as clerk of the district court for more than one but not more than four contiguous counties county in the same judicial district. A person does not qualify for appointment to the office of clerk of the district court unless the person is at the time of application a resident of the state. A clerk of the district court may be removed from office for cause by the chief judge of the judicial district, after consultation with the district judges of the judicial election district. Prior to removal, the clerk of the district court shall be notified of the cause for removal. DIVISION ___ DEPARTMENT OF PUBLIC SAFETY APPROPRIATION —— FY 2019-2020 Sec. ___. DEPARTMENT OF PUBLIC SAFETY. There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For overtime expenses, including salaries, support, maintenance, and miscellaneous purposes: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,400,000 Sec. ___. APPROPRIATION NOT APPLICABLE TO FY 2020-2021. The appropriation set forth in this division of this Act is not applicable for the fiscal year beginning July 1, 2020, and ending June 30, 2021, notwithstanding section 1 of this Act. Sec. ___. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. Sec. ___. RETROACTIVE APPLICABILITY. This division of this Act, if approved by the governor on or after July 1, 2020, applies retroactively to June 30,
  13. DIVISION ___ ALARM SYSTEM CONTRACTORS —— FEES AND FINES Sec. ___. Section 100C.1, Code 2020, is amended by adding the following new subsection: NEW SUBSECTION . 8A. “False alarm” means the activation of an alarm system when a situation requiring emergency response does not actually exist. For purposes of this chapter, “false alarm” does not include the activation of an alarm system as a result of weather conditions. Sec. ___. Section 100C.6, subsection 1, Code 2020, is amended to read as follows:
  14. Relieve any person from payment of any local permit or building fee , except as provided in section 100C.11 . Sec. ___. NEW SECTION . 100C.11 Alarm systems —— fees or fines —— limitations. A political subdivision shall not adopt or enforce an ordinance, resolution, rule, or other measure requiring an alarm system contractor to pay a fee or fine associated with any of the following:
  15. False alarms.
  16. Emergency response to false alarms.
  17. Permits associated with placing or keeping an alarm system in service, not including any installation permits required by the political subdivision’s building code. Sec. ___. NEW SECTION . 100C.12 Collection of fees.
  18. If, prior to the effective date of this division of this Act, an alarm system contractor charged its customers an amount equal to the costs the political subdivision of the state imposed on the alarm system contractor for permits associated with placing or keeping an alarm in service, as shown on a separate line item on the customer’s invoice, the alarm system contractor may continue to collect from its customers such fees until December 31,
  19. The alarm system contractor shall pay to the political subdivision of the state or its designee the fees collected under this section in accordance with the instructions of the political subdivision or the political subdivision’s designee.
  20. Fees collected by an alarm system contractor under this section shall not be subject to audit by a political subdivision or the political subdivision’s designee. Sec. ___. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION ___ ECONOMIC DEVELOPMENT AUTHORITY Sec. ___. 2019 Iowa Acts, chapter 154, section 3, subsection 1, paragraph b, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (7) For technical assistance to communications service providers in completing applications for federal funds, or any other funds from any public or private sources, related to improving broadband infrastructure. Sec. ___. POWERS APPLICABLE TO FY 2020-2021. The powers set forth in 2019 Iowa Acts, chapter 154, section 3, subsection 1, paragraph b, as amended in this division of this Act, are applicable to the associated appropriation made for the fiscal year beginning July 1, 2020, and ending June 30, 2021, pursuant to section 1 of this Act. Sec. ___. INSURANCE ECONOMIC DEVELOPMENT. From the moneys collected by the insurance division in excess of the anticipated gross revenues under section 505.7, subsection 3, during the fiscal year beginning July 1, 2020, $100,000 shall be transferred to the economic development authority for insurance economic development and international insurance economic development. Sec. ___. UNEMPLOYMENT COMPENSATION PROGRAM. Notwithstanding section 96.9, subsection 4, paragraph “a”, moneys credited to the state by the secretary of the treasury of the United States pursuant to section 903 of the Social Security Act are appropriated to the department of workforce development and shall be used by the department for the administration of the unemployment compensation program only. This appropriation shall not apply to any fiscal year beginning after December 31,
  21. Sec. ___. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. Sec. ___. RETROACTIVE APPLICABILITY. The following applies retroactively to July 1, 2019: The section of this division of this Act enacting 2019 Iowa Acts, chapter 154, section 3, subsection 1, paragraph b, subparagraph (7). DIVISION ___ CONTINGENT APPROPRIATIONS —— FY 2020-2021 Sec. ___. COLLEGE STUDENT AID COMMISSION. There is appropriated from the general fund of the state to the college student aid commission for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For implementation of 2020 Iowa Acts, House File 2629, if enacted, including salaries, support, maintenance, and miscellaneous purposes: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,000 Sec. ___. DEPARTMENT OF PUBLIC SAFETY. There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For implementation of 2020 Iowa Acts, House File 2581, as amended in this Act, if enacted, including salaries, support, maintenance, and miscellaneous purposes: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 411,000 Sec. ___. IOWA LAW ENFORCEMENT ACADEMY. There is appropriated from the general fund of the state to the Iowa law enforcement academy for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For implementation of 2020 Iowa Acts, House File 2647, if enacted, including salaries, support, maintenance, and miscellaneous purposes: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 Sec. ___. CONTINGENT REPEAL. The section of this division of this Act appropriating moneys to the college student aid commission is repealed if 2020 Iowa Acts, House File 2629, is not enacted. Sec. ___. CONTINGENT EFFECTIVE DATE. The following takes effect on the effective date of 2020 Iowa Acts, House File 2581, as amended in this Act, if enacted: The section of this division of this Act appropriating moneys to the department of public safety. Sec. ___. CONTINGENT EFFECTIVE DATE. The following takes effect on the effective date of 2020 Iowa Acts, House File 2647, if enacted: The section of this division of this Act appropriating moneys to the Iowa law enforcement academy. DIVISION ___ ADJUSTMENT TO SCHOOL FOUNDATION AID Sec. ___. ADJUSTMENT TO STATE FOUNDATION AID FOR SCHOOL BUDGET YEAR 2020-2021.
  22. If a school district was required to repay property taxes paid or had a reduction in property taxes due for school taxes levied for the school budget year beginning July 1, 2019, on a property that received an assessed value reduction for the assessment year beginning January 1, 2018, by action of the board of review or property assessment appeal board, or by judicial action, and the amount of the reduction for the property exceeded $47,000,000, the school district is eligible for an adjustment in state foundation aid for the budget year beginning July 1,
  23. To receive the adjustment in state foundation aid, the school district shall apply to the department of management within thirty days following the effective date of this division of this Act and section 257.12, subsection 3, shall not apply. The department of management shall determine the amount of adjustment in state foundation aid pursuant to subsection
  24. The department of management shall determine the amount of state foundation aid which the school district would have received under section 257.1 for the school budget year beginning July 1, 2019, in the manner provided in section 257.12, subsection
  25. The adjustment in state foundation aid under this section shall be paid as provided in section 257.16. Sec. ___. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION ___ HEMP REGULATION Sec. ___. REPEAL. 2020 Iowa Acts, House File 2581, section 19, if enacted, is repealed. Sec. ___. 2020 Iowa Acts, House File 2581, if enacted, is amended by adding the following new section: NEW SECTION . 19A. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment. Sec. ___. RETROACTIVE APPLICABILITY. The following applies retroactively to the effective date of 2020 Iowa Acts, House File 2581, as amended in this division of this Act, if enacted: The section of this division of this Act repealing 2020 Iowa Acts, House File 2581, section
  26. ”
  27. By renumbering, redesignating, and correcting internal references as necessary.

Official amendment (PDF) · In the Bill Book