What changed in SF 615

15 passages reworded, 30 added and 1 removed; 29 of 75 unchanged.

Removed AddedIntroduced textText as passedAmendments

Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.

DIVISION I STANDING APPROPRIATIONS AND RELATED MATTERS

Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 2021-2022. Notwithstanding the standing appropriation in the following designated section for the fiscal year beginning July 1, 2021, and ending June 30, 2022, 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:.................................................. $ 8,197,091 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.

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3. Section 257.35, Code 2021, is amended by adding the following new subsection:

NEW SUBSECTION. 15A. 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, 2021, and ending June 30, 2022, shall be reduced by the department of management by fifteen million 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. DIVISION II CORRECTIVE PROVISIONS

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4. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— UNAPPROPRIATED MONEYS —— FY 2021-2022. For the fiscal year beginning July 1, 2021, and ending June 30, 2022, 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 department of 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. DIVISION II MISCELLANEOUS APPROPRIATIONS

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5. OFFICE OF THE CHIEF INFORMATION OFFICER —— FY 2020-2021. There is appropriated from the general fund of the state to the office of the chief information officer 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 a new state central personnel, accounting, and budget system:.................................................. $ 23,230,000 Notwithstanding section 8.33, moneys appropriated in this section 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, 2022.

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6. STATE PUBLIC DEFENDER —— FY 2021-2022. There is appropriated from the general fund of the state to the office of the state public defender of the department of inspections and appeals for the fiscal year beginning July 1, 2021, and ending June 30, 2022, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For payments on behalf of eligible adults and juveniles from the indigent defense fund, in accordance with section 815.11:.................................................. $ 200,000

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7. EFFECTIVE DATE. The following, being deemed of immediate importance, takes effect upon enactment: The section of this division of this Act appropriating moneys to the office of the chief information officer.

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8. CONTINGENT EFFECTIVE DATE. The following takes effect on the effective date of 2021 Iowa Acts, House File 743, if enacted: The section of this division of this Act appropriating moneys to the state public defender. DIVISION III CORRECTIVE PROVISIONS

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4. 9. Section 49.73, 15.371, subsection 2, 7, paragraph b, as subparagraph (3), if enacted by 2021 Iowa Acts, chapter 12, Senate File 619, section 36, 29, is amended to read as follows:

(3) If the board approves an application, the type and amount of financial assistance that should to be awarded to the applicant.

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10. Section 49.73, subsection 2, paragraph b, as enacted by 2021 Iowa Acts, Senate File 413, section 36, is amended to read as follows:

b. The legislative services agency shall place on the internet site of the agency general assembly information regarding the opening and closing times of polling places until and including November 7, 2024. This paragraph is repealed effective July 1, 2025.

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11. Section 123.46A, subsection 2, paragraph g, Code 2021, as amended by 2021 Iowa Acts, House File 766, section 1, is amended to read as follows:

5. Section 232D.503, subsection 6, unnumbered paragraph 1, as enacted by 2021 Iowa Acts, chapter 8, section 22, is amended to read as follows: If the court orders termination of a guardianship established under this chapter and the guardian has custody of any assets of a protected person who is a minor or was a minor at the time of the minor’s death, the court shall order delivery of the minors minor’s assets to the minor or to a fiduciary acting under one or more of the following:

g. Delivery of alcoholic liquor, wine, or beer, or mixed drinks or cocktails shall be made by the licensee or permittee, the licensee’s or permittee’s employee, or a third party, provided the licensee or permittee has entered into a written agreement with the third party that authorizes the third party to act as an agent of the licensee or permittee for the purpose of delivering alcoholic liquor, wine, or beer, or mixed drinks or cocktails. Each licensee or permittee shall submit to the division electronically, or in a manner prescribed by the administrator, a list of names and addresses of all third parties it has authorized to act as its agent for the purpose of delivering alcoholic liquor, wine, or beer, or mixed drinks or cocktails. The licensee or permittee shall provide the division with amendments to the list as necessary to ensure the division possesses an accurate, current list.

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6. 12. Section 257.16C, 123.46A, subsection 3, paragraph d, subparagraph (4), subparagraph division (a), Code 2021, as enacted amended by 2021 Iowa Acts, chapter 2, House File 766, section 5, 3, is amended to read as follows:

3. A violation of this section or any other provision of this chapter shall subject the licensee or permittee to the penalty provisions of section 123.39. If the licensee or permittee, an employee of the licensee or permittee, or a person delivering alcoholic liquor, wine, or beer, or mixed drinks or cocktails for a third party acting on behalf of the licensee or permittee pursuant to a written agreement violates this section, the licensee or permittee shall not be assessed a penalty under section 123.39 if the licensee or permittee establishes all of the following:

a. The violation was committed off of the licensee’s or permittee’s premises after the liquor, wine, or beer, or mixed drinks or cocktails was removed from the licensee’s or permittee’s premises in fulfillment of a delivery order.

b.

(1) If the person who committed the violation is an employee of the licensee or permittee, that no other violation of this section was committed by any employee of the licensee or permittee within the two-year period immediately preceding the date of violation.

(2) If the person who committed the violation is a person delivering for a third party acting on behalf of the licensee or permittee, that no other violation of this section was committed by any person delivering for the same third party while the third party was acting on behalf of the licensee or permittee within the two-year period immediately preceding the date of violation.

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13. Section 232D.503, subsection 6, unnumbered paragraph 1, as enacted by 2021 Iowa Acts, Senate File 240, section 22, is amended to read as follows: If the court orders termination of a guardianship established under this chapter and the guardian has custody of any assets of a protected person who is a minor or was a minor at the time of the minor’s death, the court shall order delivery of the minors minor’s assets to the minor or to a fiduciary acting under one or more of the following:

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14. Section 257.16C, subsection 3, paragraph d, subparagraph (4), subparagraph division (a), as enacted by 2021 Iowa Acts, Senate File 269, section 5, is amended to read as follows:

(a) The amount appropriated to the transportation equity fund under this paragraph subparagraph for the immediately preceding fiscal year.

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7. 15. Section 321.89, subsection 3A, as enacted by 2021 Iowa Acts, chapter 22, Senate File 232, section 2, is amended to read as follows: 3A. Reclamation of abandoned vehicles. Prior to driving an abandoned vehicle away from the premises, a person who received or who is reclaiming the vehicle of on behalf of a person who received notice under subsection 3 shall present to the police authority or private entity, as applicable, the person’s valid driver’s license and proof of financial liability coverage as provided in section 321.20B.

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8. 16. Section 422.11T, if enacted by 2021 Iowa Acts, House File 588, section 2, is amended to read as follows: 422.11T Hoover presidential library tax credit. The tax imposed under this subchapter, less the credits allowed under section 422.12, shall be reduced by a Hoover presidential library tax credit authorized pursuant to section 15E.364.

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9. 17. Section 425.16, 422.16B, subsection 1, Code 2021, as amended paragraph b, if enacted by 2021 Iowa Acts, chapter 41, Senate File 608, section 15, 14, is amended to read as follows:

b. “Pass-through entity” includes any entity that is a partnership or a pass-through entity as those terms are defined in section 422.25A.

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18. Section 425.16, subsection 1, as enacted by 2021 Iowa Acts, House File 368, section 15, is amended to read as follows:

1. In addition to the homestead tax credit allowed under section 425.1, subsections 1 through 4, persons who own or rent their homesteads and who meet the qualifications provided in this subchapter are eligible for a property tax credit or for property taxes due or reimbursement of rent constituting property taxes paid.

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10. 19. Section 425.18, Code 2021, as amended by 2021 Iowa Acts, chapter 41, House File 368, section 17, is amended to read as follows: 425.18 Right to file a claim. The right to file a claim for reimbursement or credit under this subchapter may be exercised by the claimant or on behalf of a claimant by the claimant’s legal guardian, spouse, or attorney, or by the executor or administrator of the claimant’s estate. If a claimant dies after having filed a claim for reimbursement for rent constituting property taxes paid, the amount of the reimbursement may be paid to another member of the household as determined by the department of of human services. If the claimant was the only member of the household, the reimbursement may be paid to the claimant’s executor or administrator, but if neither is appointed and qualified within one year from the date of the filing of the claim, the reimbursement shall escheat to the state. If a claimant dies after having filed a claim for credit for property taxes due, the amount of credit shall be paid as if the claimant had not died.

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11. 20. Section 425.40, subsection 1, Code 2021, as amended by 2021 Iowa Acts, chapter 41, House File 368, section 34, is amended to read as follows:

1. A low-income tax credit and reimbursement fund is created. Within the low-income tax credit and reimbursement fund, a rent reimbursement account is created under the control of the department of human services and a tax credit account is created under the control of the department of revenue. Amounts appropriated to the fund shall first be credited to the rent reimbursement account.

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12. 21. Section 455B.175, subsection 1, unnumbered paragraph 1, Code 2021, as amended by 2021 Iowa Acts, House File 699, section 91, if enacted, is amended to read as follows: If there is substantial evidence that any person has violated or is violating any provision of, or any rule or standard established or permit issued pursuant to, this part 1 of subsection subchapter III, chapter 459, subchapter III, chapter 459A, or chapter 459B, then one of the following may apply:

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13. 22. Section 455B.307, subsections 1 and 3, Code 2021, as amended by 2021 Iowa Acts, House File 699, section 101, if enacted, are amended to read as follows:

1. A private agency or public agency shall not dump or deposit or permit the dumping or depositing of any solid waste at any place other than a sanitary disposal project approved by the director unless the agency has been granted a permit by the department which allows the dumping or depositing of solid waste on land owned or leased by the agency. The department shall adopt rules regarding the permitting of this activity which shall provide that the public interest is best served, but which may be based upon criteria less stringent than those regulating a public sanitary disposal project provided that the rules adopted meet the groundwater protection goal specified in section 455E.4. The comprehensive plans for these facilities may be varied in consideration of the types of sanitary disposal practices, hydrologic and geologic conditions, construction and operations characteristics, and volumes and types of waste handled at the disposal site. The director may issue temporary permits for dumping or disposal of solid waste at disposal sites for which an application for a permit to operate a sanitary disposal project has been made and which have not met all of the requirements of this part 1 of this subchapter IV and the rules adopted by the commission if a compliance schedule has been submitted by the applicant specifying how and when the applicant will meet the requirements for an operational sanitary disposal project and the director determines the public interest will be best served by granting such temporary permit.

3. Any person who violates any provision of this part 1 of this subchapter IV or any rule or any order adopted or the conditions of any permit or order issued pursuant to this part 1 of this subchapter IV shall be subject to a civil penalty, not to exceed five thousand dollars for each day of such violation.

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14. 23. Section 455B.307A, subsection 4, Code 2021, as amended by 2021 Iowa Acts, House File 699, section 102, if enacted, is amended to read as follows:

4. This section shall not apply to the discarding of litter regulated under part 3 of this subchapter IV, part 3, and local littering ordinances.

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15. 24. Section 455B.396, subsection 1, Code 2021, as amended by 2021 Iowa Acts, House File 699, section 103, if enacted, is amended to read as follows:

1. Liability to the state under this part 4 or part 5 of this subchapter IV is a debt to the state. Liability to a political subdivision under this part 4 of this subchapter IV is a debt to the political subdivision. The debt, together with interest on the debt at the maximum lawful rate of interest permitted pursuant to section 535.2, subsection 3, paragraph “a”, from the date costs and expenses are incurred by the state or a political subdivision is a lien on real property, except single and multifamily residential property, on which the department incurs costs and expenses creating a liability and owned by the persons liable under this part 4 or part 5. To perfect the lien, a statement of claim describing the property subject to the lien must be filed within one hundred twenty days after the incurrence of costs and expenses by the state or a political subdivision. The statement shall be filed with, accepted by, and recorded by the county recorder in the county in which the property subject to the lien is located. The statement of claim may be amended to include subsequent liabilities. To be effective, the statement of claim shall be amended and filed within one hundred twenty days after the occurrence of the event resulting in the amendment.

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16. 25. Section 484B.10, subsection 1, paragraph b, if as enacted by 2021 Iowa Acts, House File 747, section 2, is amended to read as follows:

b. A game bird hunting preserve operator may apply for a variance to extend the season date beyond March 31 for that preserve if the monthly precipitation is above average for the county in which the preserve is located for at least two months out of the months of January, February, and March of that season. The state climatologist established appointed pursuant to section 159.5 shall provide official national weather service and community collaborative rain, hail and snow network data to the department to determine whether a variance to the established season shall be granted. The department shall not grant a variance to a game bird preserve that extends the season beyond April 15 of the year for which the variance is requested. A person hunting on a game bird hunting preserve on a date after March 31 pursuant to an extension granted under this paragraph shall only hunt for and take chukars, quail, or rooster pheasants.

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17. 26. Section 633F.4, 602.8107, subsection 2, as 3, paragraph b, subparagraph (1), if enacted by 2021 Iowa Acts, chapter 8, Senate File 367, section 4, is amended to read as follows:

(1) The department of revenue shall receive fifteen percent of each court debt payment collected on cases assigned to the department of revenue for collection to reflect the cost of processing and the remaining eighty-five percent of such court debt collected shall be paid to the clerk of the district court for distribution under section 602.8108. The department of revenue collection fee shall not include the amount of court debt collected for restitution involving pecuniary damages, the victim compensation fund, the crime services surcharge, the domestic and sexual abuse crimes surcharge, the agricultural surcharge, or the sex offender civil penalty.

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27. Section 633F.4, subsection 2, as enacted by 2021 Iowa Acts, Senate File 240, section 4, is amended to read as follows:

2. The custodial trustee’s acceptance may be evidenced by a writing stating in substance: CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE I, _______ (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for __________________ (name of beneficiary) under the Iowa Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the Iowa Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of