Senate File 2443 - Enrolled
Senate File 2443
AN ACT
RELATING TO STATE GOVERNMENT AND FINANCES, INCLUDING BY
MAKING, MODIFYING, LIMITING, OR REDUCING APPROPRIATIONS,
DISTRIBUTIONS, OR TRANSFERS, AUTHORIZING EXPENDITURE OF
UNAPPROPRIATED MONEYS IN SPECIAL FUNDS, PROVIDING FOR
PROPERLY RELATED MATTERS INCLUDING THE STATE GOVERNMENT
EFFICIENCY REVIEW COMMITTEE AND TEACHER SALARY SUPPLEMENT
DISTRICT COST PER PUPIL CALCULATIONS, MAKING CORRECTIONS,
AND INCLUDING EFFECTIVE DATE, APPLICABILITY, AND RETROACTIVE
APPLICABILITY PROVISIONS.
10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 APPROPRIATIONS, DISTRIBUTIONS, TRANSFERS, AND EXPENDITURE
3 AUTHORITY
4 Section 1. DEPARTMENT OF EDUCATION —— EDUCATION SUPPORT
5 PERSONNEL SALARY SUPPLEMENT —— FY 2024-2025. There is
6 appropriated from the general fund of the state to the
7 department of education for the fiscal year beginning July
8 1, 2024, and ending June 30, 2025, the following amount, or
9 so much thereof as is necessary, to be used for the purposes
10 designated:
11 To supplement education support personnel compensation, as
12 described in 2024 Iowa Acts, House File 2612, section 52:
13 .................................................. $ 14,000,000
14 Moneys appropriated in this section are miscellaneous income
15 as defined in section 257.2 and shall not be included in any
16 computation of district cost under chapter 257 for any budget
17 year.
18 Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS —— FY
19 2024-2025. Notwithstanding the standing appropriation in the
20 following designated section for the fiscal year beginning July
21 1, 2024, and ending June 30, 2025, the amount appropriated from
22 the general fund of the state pursuant to that section for the
23 following designated purpose shall not exceed the following
24 amount:
25 For payment of claims for nonpublic school pupil
26 transportation under section 285.2:
27 .................................................. $ 8,997,091
28 If total approved claims for reimbursement for nonpublic
29 school pupil transportation exceed the amount appropriated in
30 accordance with this section, the department of education shall
31 prorate the amount of each approved claim.
32 Sec. 3. INSTRUCTIONAL SUPPORT STATE AID —— FY 2024-2025. In
33 lieu of the appropriation provided in section 257.20,
34 subsection 2, the appropriation for the fiscal year
35 beginning July 1, 2024, and ending June 30, 2025, for paying
1 instructional support state aid under section 257.20 for the
2 fiscal year is zero.
3 Sec. 4. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
4 from the general fund of the state to the department of public
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5 safety for the fiscal year beginning July 1, 2024, and ending
6 June 30, 2025, the following amount, or so much thereof as is
7 necessary, to be used for the purposes designated:
8 For providing personnel to conduct coordination, oversight,
9 technical assistance, and investigatory assistance to current
10 or new task forces to address the rise in illegal immigration
11 and related criminal conduct such as drug trafficking and
12 human trafficking, or as assigned by the commissioner of
13 public safety, and for not more than the following full-time
14 equivalent positions:
15 .................................................. $ 2,000,000
16 ............................................... FTEs 12.00
17 Sec. 5. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— FY
18 2024-2025. For the fiscal year beginning July 1, 2024, and
19 ending June 30, 2025, salary adjustments otherwise provided
20 may be funded as determined by the department of management,
21 subject to any applicable constitutional limitation, using
22 unappropriated moneys remaining in the commerce revolving
23 fund, the gaming enforcement revolving fund, the gaming
24 regulatory revolving fund, the primary road fund, the road
25 use tax fund, the fish and game protection fund, and the Iowa
26 public employees’ retirement fund, and in other departmental
27 revolving, trust, or special funds for which the general
28 assembly has not made an operating budget appropriation.
29 Sec. 6. DISTRIBUTIONS OF IOWA ECONOMIC EMERGENCY FUND
30 EXCESS —— FY 2023-2024. Notwithstanding section 8.55,
31 subsection 2, paragraphs “a” and “b”, for the fiscal year
32 beginning July 1, 2023, and ending June 30, 2024, moneys in
33 excess of the maximum balance of the Iowa economic emergency
34 fund created in section 8.55 shall be distributed as follows:
35 1. a. Based on the application of assessment limitations
1 calculated under section 441.21 due to the enactment of 2023
2 Iowa Acts, chapter 5, of the amount that is the difference
3 between the actual net revenue for the general fund of the
4 state for the fiscal year and the adjusted revenue estimate for
5 the fiscal year, up to $8,000,000 is transferred to the general
6 fund of the state to be used in lieu of a like amount of other
7 general fund moneys to pay foundation aid under chapter 257 as
8 described in section 257.16 for the fiscal year beginning July
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9 1, 2024. The remaining amount, if any, is transferred to the
10 taxpayer relief fund created in section 8.57E.
11 b. If the amount transferred to the general fund of the
12 state under paragraph “a” is less than $8,000,000, an amount
13 equal to the difference is transferred from the taxpayer relief
14 fund created in section 8.57E to the general fund of the state
15 for the purposes specified in paragraph “a”.
16 2. The remaining moneys in excess of the maximum balance of
17 the Iowa economic emergency fund, if any, are transferred to
18 the general fund of the state.
19 Sec. 7. TAXPAYER RELIEF FUND —— TRANSFER.
20 1. There is transferred from the taxpayer relief fund
21 created in section 8.57E to the general fund of the state, the
22 following amount:
23 .................................................. $ 13,881,303
24 2. The transfer made in this section is based on the
25 application of assessment limitations calculated under section
26 441.21 due to the enactment of 2023 Iowa Acts, chapter 5. The
27 transferred moneys shall be used in lieu of a like amount
28 of other general fund moneys to pay foundation aid under
29 chapter 257 as described in section 257.16 for the fiscal year
30 beginning July 1, 2024.
31 Sec. 8. Section 257.35, subsection 2, Code 2024, as amended
32 by 2024 Iowa Acts, House File 2612, section 30, is amended to
33 read as follows:
34 2. Notwithstanding the deduction and payment under
35 subsection 1, the amounts specified for school districts and
1 area education agencies in subsection 1, paragraph “a”, for the
2 fiscal year beginning July 1, 2024, and each succeeding fiscal
3 year, shall be reduced by the department of management by seven
4 million five hundred thousand dollars. The department of
5 management shall calculate a reduction such that such amounts
6 shall be reduced proportionally to the amount that the district
7 or agency would otherwise have received under this section
8 if the reduction imposed pursuant to this subsection did not
9 apply.
10 Sec. 9. Section 257.35, Code 2024, is amended by adding the
11 following new subsection:
12 NEW SUBSECTION. 18A. Notwithstanding subsection 1, and in
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13 addition to the reduction applicable pursuant to subsection 2,
14 the amounts specified for school districts and area education
15 agencies in subsection 1, paragraph “a”, for the fiscal year
16 beginning July 1, 2024, and ending June 30, 2025, shall be
17 reduced by the department of management by fifteen million
18 dollars and, in addition, as a result of appropriations made
19 pursuant to 2024 Iowa Acts, Senate File 2435, if enacted, shall
20 be reduced by the department of management by ten million
21 dollars. The reductions for each district or agency shall be
22 prorated based on the proportional reduction that the district
23 or agency receives under subsection 2.
24 Sec. 10. EFFECTIVE DATE. The following, being deemed of
25 immediate importance, take effect upon enactment:
26 1. The section of this division of this Act providing for
27 distributions of moneys in excess of the maximum balance of the
28 Iowa economic emergency fund.
29 2. The section of this division of this Act amending section
30 257.35, subsection 2.
31 Sec. 11. APPLICABILITY. The following applies July 1, 2024,
32 for school budget years beginning on or after that date:
33 The section of this division of this Act amending section
34 257.35, subsection 2.
35 DIVISION II
1 CORRECTIVE PROVISIONS
2 Sec. 12. Section 135.194, subsection 3, paragraph h, if
3 enacted by 2024 Iowa Acts, Senate File 477, section 4, is
4 amended to read as follows:
5 h. “Legal guardian” means a person appointed by a court as
6 the guardian of a minor pursuant to chapter 633 232D, or the
7 parent or other person responsible for the care of the minor.
8 Sec. 13. Section 148J.2, subsection 1, paragraph a, if
9 enacted by 2024 Iowa Acts, Senate File 477, section 2, is
10 amended to read as follows:
11 a. The board shall grant a provisional license to practice
12 medicine and surgery or osteopathic medicine and surgery in
13 this state to an international physician with an offer for
14 employment as a physician at a health care facility in this
15 state. However, the board shall not grant a license pursuant
16 to this subsection to an international physician who does not
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17 possess a federal immigration status allowing the international
18 medical graduate physician to practice as a physician in the
19 United States, or to an international physician who fails to
20 obtain a passing score on the United States medical licensing
21 examination.
22 Sec. 14. Section 204.7, subsection 8, paragraph a,
23 subparagraph (3), Code 2024, as amended by 2024 Iowa Acts,
24 House File 2605, section 4, if enacted, is amended to read as
25 follows:
26 (3) The consumable hemp product complies with packaging
27 and labeling requirements, which shall be established by rules
28 adopted by the department of health and human services. Each
29 container storing a consumable hemp product shall be affixed
30 with a notice advising consumers regarding the risks associated
31 with its use. The department of health and human services
32 shall adopt rules regarding the language of the notice and its
33 display on the container.
34 Sec. 15. Section 204.14A, subsection 1B, if enacted by 2024
35 Iowa Acts, House File 2605, section 8, is amended to read as
1 follows:
2 1B. A person required to be registered to manufacture or
3 sell a consumable hemp product under section 204.7 shall not
4 manufacture, produce, distribute, market, or sell a synthetic
5 consumable hemp product, as defined by rules adopted by the
6 department of health and human services.
7 Sec. 16. Section 514C.3C, subsection 5, as enacted by 2024
8 Iowa Acts, House File 2400, section 1, is amended to read as
9 follows:
10 5. Rules. The commissioner may adopt rules pursuant to
11 chapter 17A to administer this chapter section.
12 Sec. 17. Section 521A.14, subsection 1, paragraph a, Code
13 2024, as amended by 2024 Iowa Acts, House File 2490, section 6,
14 if enacted, is amended to read as follows:
15 a. For purposes of this section, “domestic mutual insurance
16 company” includes a company qualified and licensed in this
17 state pursuant to chapters chapter 518 and or 518A. A domestic
18 mutual insurance company, upon approval of the commissioner,
19 may reorganize by forming an insurance holding company based
20 upon a mutual plan and continuing the corporate existence
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21 of the reorganizing insurance company as a stock insurance
22 company. The commissioner, after a public hearing as provided
23 in section 521A.3, subsection 4, paragraph “b”, if satisfied
24 that the interests of the policyholders are properly protected
25 and that the plan of reorganization is fair and equitable
26 to the policyholders, may approve the proposed plan of
27 reorganization and may require as a condition of approval
28 such modifications of the proposed plan of reorganization
29 as the commissioner finds necessary for the protection of
30 the policyholders’ interests. The commissioner may retain
31 consultants as provided in section 521A.3, subsection 4,
32 paragraph “d”. A reorganization pursuant to this section
33 is subject to section 521A.3, subsections 1, 2, and 3. The
34 commissioner shall retain jurisdiction over a mutual insurance
35 holding company organized pursuant to this section to assure
1 that policyholder interests are protected.
2 Sec. 18. Section 554H.4, subsections 4, 5, and 6, if enacted
3 by 2024 Iowa Acts, House File 2464, section 4, are amended to
4 read as follows:
5 4. Upon receipt of notice under subsection 2 3, the person
6 shall have sixty calendar days to cease the violation.
7 5. If the violation persists after the expiration of the
8 sixty-day period under subsection 3 4, the attorney general
9 shall bring civil action in district court to enjoin further
10 violations by a person found to be in violation of this
11 chapter.
12 6. If a person knowingly or willfully fails to comply with
13 an injunction issued under subsection 4 5, after sixty calendar
14 days of the date the person is served with the injunction, the
15 attorney general shall petition the district court to impose
16 civil penalties in an amount not to exceed one thousand dollars
17 per violation of the injunction, taking into consideration the
18 financial resources of the violator and the harm or risk of
19 harm to the violator’s rights under the second amendment to the
20 Constitution of the United States and Article I, section 1A, of
21 the Constitution of the State of Iowa.
22 Sec. 19. 2024 Iowa Acts, House File 2421, section 1, if
23 enacted, is amended by striking the section and inserting in
24 lieu thereof the following:
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25 SECTION 1. Section 683.1, subsection 1, Code 2024, is
26 amended by adding the following new paragraphs:
27 NEW PARAGRAPH. 0b. “Federal firearms licensee” means any
28 person engaged in the business of importing, manufacturing, or
29 dealing in firearms as defined by the federal National Firearms
30 Act, 26 U.S.C. §5841, and who currently holds a valid license
31 according to provisions of the federal Gun Control Act of 1968,
32 18 U.S.C. §921.
33 NEW PARAGRAPH. c. “Firearm hold agreement” means a
34 private transaction between a federal firearms licensee and an
35 individual owner where the licensee takes possession of the
1 owner’s lawfully possessed firearm at the owner’s request,
2 holds the firearm for an agreed period of time, and returns the
3 firearm according to the terms of the transaction.
4 Sec. 20. Section 714.2B, subsection 4, as enacted by 2024
5 Iowa Acts, House File 2594, section 1, is amended to read as
6 follows:
7 4. The value of the retail merchandise received by the
8 defendant in violation of this section within any six-month
9 period may be aggregated and the defendant charged accordingly
10 in applying the provisions of this subdivision section,
11 provided that when two or more offenses are committed by
12 the same person in two or more counties, the accused may
13 be prosecuted in any county in which one of the offenses
14 was committed for all of the offenses aggregated under this
15 subdivision section.
16 Sec. 21. Section 715D.3, subsection 1, paragraph b, if
17 enacted by 2024 Iowa Acts, House File 572, section 3, is
18 amended to read as follows:
19 b. Controls the flight of remotely piloted aircraft over
20 a secure farmstead area, if the secure farm farmstead area is
21 not owned or leased by the person, and the remotely piloted
22 aircraft remains over the secure farmstead area.
23 Sec. 22. Section 715D.4, subsection 1, paragraph b, if
24 enacted by 2024 Iowa Acts, House File 572, section 4, is
25 amended to read as follows:
26 b. Controls the flight of a remotely piloted aircraft
27 equipped with a surveillance device over a secure farmstead
28 area, if the secure farm farmstead area is not owned or leased
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29 by the person, and the remotely piloted aircraft remains over
30 the secure farmstead area.
31 Sec. 23. Section 718C.4, subsection 6, as enacted by 2024
32 Iowa Acts, Senate File 2340, section 4, is amended to read as
33 follows:
34 6. An order issued under this article section must be filed
35 with the county clerk of the county in which the person was
1 arrested for an order described by subsection 1, or with the
2 clerk of the court exercising jurisdiction in the case for an
3 order described by subsection 2 or 4.