Senate File 615 - Enrolled
Senate File 615
AN ACT
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.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 DIVISION I
2 STANDING APPROPRIATIONS AND RELATED MATTERS
3 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY
4 2021-2022. Notwithstanding the standing appropriation in the
5 following designated section for the fiscal year beginning July
6 1, 2021, and ending June 30, 2022, 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 .................................................. $ 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 2021-2022. In
18 lieu of the appropriation provided in section 257.20,
19 subsection 2, the appropriation for the fiscal year
20 beginning July 1, 2021, and ending June 30, 2022, for paying
 Senate File 615, p. 2
21 instructional support state aid under section 257.20 for the
22 fiscal year is zero.
23 Sec. 3. Section 257.35, Code 2021, is amended by adding the
24 following new subsection:
25 NEW SUBSECTION. 15A. Notwithstanding subsection 1, and in
26 addition to the reduction applicable pursuant to subsection
27 2, the state aid for area education agencies and the portion
28 of the combined district cost calculated for these agencies
29 for the fiscal year beginning July 1, 2021, and ending June
30 30, 2022, shall be reduced by the department of management by
31 fifteen million dollars. The reduction for each area education
32 agency shall be prorated based on the reduction that the agency
33 received in the fiscal year beginning July 1, 2003.
34 Sec. 4. SPECIAL FUNDS —— SALARY ADJUSTMENTS ——
35 UNAPPROPRIATED MONEYS —— FY 2021-2022. For the fiscal year
1 beginning July 1, 2021, and ending June 30, 2022, salary
2 adjustments otherwise provided may be funded as determined
3 by the department of management, subject to any applicable
4 constitutional limitation, using unappropriated moneys
5 remaining in the department of commerce revolving fund, the
6 gaming enforcement revolving fund, the gaming regulatory
7 revolving fund, the primary road fund, the road use tax
8 fund, the fish and game protection fund, and the Iowa public
9 employees’ retirement fund, and in other departmental
10 revolving, trust, or special funds for which the general
11 assembly has not made an operating budget appropriation.
12 DIVISION II
13 MISCELLANEOUS APPROPRIATIONS
14 Sec. 5. OFFICE OF THE CHIEF INFORMATION OFFICER —— FY
15 2020-2021. There is appropriated from the general fund of the
16 state to the office of the chief information officer for the
17 fiscal year beginning July 1, 2020, and ending June 30, 2021,
18 the following amount, or so much thereof as is necessary, to be
19 used for the purposes designated:
20 For implementation of a new state central personnel,
21 accounting, and budget system:
22 .................................................. $ 23,230,000
23 Notwithstanding section 8.33, moneys appropriated in this
24 section that remain unencumbered or unobligated at the close of
 Senate File 615, p. 3
25 the fiscal year shall not revert but shall remain available for
26 expenditure for the purposes designated until the close of the
27 fiscal year that begins July 1, 2022.
28 Sec. 6. STATE PUBLIC DEFENDER —— FY 2021-2022. There is
29 appropriated from the general fund of the state to the office
30 of the state public defender of the department of inspections
31 and appeals for the fiscal year beginning July 1, 2021, and
32 ending June 30, 2022, the following amount, or so much thereof
33 as is necessary, to be used for the purposes designated:
34 For payments on behalf of eligible adults and juveniles from
35 the indigent defense fund, in accordance with section 815.11:
1 .................................................. $ 200,000
2 Sec. 7. EFFECTIVE DATE. The following, being deemed of
3 immediate importance, takes effect upon enactment:
4 The section of this division of this Act appropriating
5 moneys to the office of the chief information officer.
6 Sec. 8. CONTINGENT EFFECTIVE DATE. The following takes
7 effect on the effective date of 2021 Iowa Acts, House File 743,
8 if enacted:
9 The section of this division of this Act appropriating
10 moneys to the state public defender.
11 DIVISION III
12 CORRECTIVE PROVISIONS
13 Sec. 9. Section 15.371, subsection 7, paragraph b,
14 subparagraph (3), if enacted by 2021 Iowa Acts, Senate File
15 619, section 29, is amended to read as follows:
16 (3) If the board approves an application, the type and
17 amount of financial assistance that should to be awarded to the
18 applicant.
19 Sec. 10. Section 49.73, subsection 2, paragraph b, as
20 enacted by 2021 Iowa Acts, Senate File 413, section 36, is
21 amended to read as follows:
22 b. The legislative services agency shall place on the
23 internet site of the agency general assembly information
24 regarding the opening and closing times of polling places until
25 and including November 7, 2024. This paragraph is repealed
26 effective July 1, 2025.
27 Sec. 11. Section 123.46A, subsection 2, paragraph g, Code
28 2021, as amended by 2021 Iowa Acts, House File 766, section 1,
 Senate File 615, p. 4
29 is amended to read as follows:
30 g. Delivery of alcoholic liquor, wine, or beer, or mixed
31 drinks or cocktails shall be made by the licensee or permittee,
32 the licensee’s or permittee’s employee, or a third party,
33 provided the licensee or permittee has entered into a written
34 agreement with the third party that authorizes the third
35 party to act as an agent of the licensee or permittee for the
1 purpose of delivering alcoholic liquor, wine, or beer, or mixed
2 drinks or cocktails. Each licensee or permittee shall submit
3 to the division electronically, or in a manner prescribed by
4 the administrator, a list of names and addresses of all third
5 parties it has authorized to act as its agent for the purpose
6 of delivering alcoholic liquor, wine, or beer, or mixed drinks
7 or cocktails. The licensee or permittee shall provide the
8 division with amendments to the list as necessary to ensure the
9 division possesses an accurate, current list.
10 Sec. 12. Section 123.46A, subsection 3, Code 2021, as
11 amended by 2021 Iowa Acts, House File 766, section 3, is
12 amended to read as follows:
13 3. A violation of this section or any other provision
14 of this chapter shall subject the licensee or permittee to
15 the penalty provisions of section 123.39. If the licensee
16 or permittee, an employee of the licensee or permittee, or a
17 person delivering alcoholic liquor, wine, or beer, or mixed
18 drinks or cocktails for a third party acting on behalf of the
19 licensee or permittee pursuant to a written agreement violates
20 this section, the licensee or permittee shall not be assessed
21 a penalty under section 123.39 if the licensee or permittee
22 establishes all of the following:
23 a. The violation was committed off of the licensee’s or
24 permittee’s premises after the liquor, wine, or beer, or
25 mixed drinks or cocktails was removed from the licensee’s or
26 permittee’s premises in fulfillment of a delivery order.
27 b. (1) If the person who committed the violation is an
28 employee of the licensee or permittee, that no other violation
29 of this section was committed by any employee of the licensee
30 or permittee within the two-year period immediately preceding
31 the date of violation.
32 (2) If the person who committed the violation is a person
 Senate File 615, p. 5
33 delivering for a third party acting on behalf of the licensee
34 or permittee, that no other violation of this section was
35 committed by any person delivering for the same third party
1 while the third party was acting on behalf of the licensee or
2 permittee within the two-year period immediately preceding the
3 date of violation.
4 Sec. 13. Section 232D.503, subsection 6, unnumbered
5 paragraph 1, as enacted by 2021 Iowa Acts, Senate File 240,
6 section 22, is amended to read as follows:
7 If the court orders termination of a guardianship
8 established under this chapter and the guardian has custody
9 of any assets of a protected person who is a minor or was a
10 minor at the time of the minor’s death, the court shall order
11 delivery of the minors minor’s assets to the minor or to a
12 fiduciary acting under one or more of the following:
13 Sec. 14. Section 257.16C, subsection 3, paragraph d,
14 subparagraph (4), subparagraph division (a), as enacted by 2021
15 Iowa Acts, Senate File 269, section 5, is amended to read as
16 follows:
17 (a) The amount appropriated to the transportation equity
18 fund under this paragraph subparagraph for the immediately
19 preceding fiscal year.
20 Sec. 15. Section 321.89, subsection 3A, as enacted by 2021
21 Iowa Acts, Senate File 232, section 2, is amended to read as
22 follows:
23 3A. Reclamation of abandoned vehicles. Prior to driving an
24 abandoned vehicle away from the premises, a person who received
25 or who is reclaiming the vehicle of on behalf of a person who
26 received notice under subsection 3 shall present to the police
27 authority or private entity, as applicable, the person’s valid
28 driver’s license and proof of financial liability coverage as
29 provided in section 321.20B.
30 Sec. 16. Section 422.11T, if enacted by 2021 Iowa Acts,
31 House File 588, section 2, is amended to read as follows:
32 422.11T Hoover presidential library tax credit.
33 The tax imposed under this subchapter, less the credits
34 allowed under section 422.12, shall be reduced by a Hoover
35 presidential library tax credit authorized pursuant to section
1 15E.364.
 Senate File 615, p. 6
2 Sec. 17. Section 422.16B, subsection 1, paragraph b, if
3 enacted by 2021 Iowa Acts, Senate File 608, section 14, is
4 amended to read as follows:
5 b. “Pass-through entity” includes any entity that is a
6 partnership or a pass-through entity as those terms are defined
7 in section 422.25A.
8 Sec. 18. Section 425.16, subsection 1, as enacted by 2021
9 Iowa Acts, House File 368, section 15, is amended to read as
10 follows:
11 1. In addition to the homestead tax credit allowed under
12 section 425.1, subsections 1 through 4, persons who own or
13 rent their homesteads and who meet the qualifications provided
14 in this subchapter are eligible for a property tax credit or
15 for property taxes due or reimbursement of rent constituting
16 property taxes paid.
17 Sec. 19. Section 425.18, Code 2021, as amended by 2021
18 Iowa Acts, House File 368, section 17, is amended to read as
19 follows:
20 425.18 Right to file a claim.
21 The right to file a claim for reimbursement or credit
22 under this subchapter may be exercised by the claimant or
23 on behalf of a claimant by the claimant’s legal guardian,
24 spouse, or attorney, or by the executor or administrator of the
25 claimant’s estate. If a claimant dies after having filed a
26 claim for reimbursement for rent constituting property taxes
27 paid, the amount of the reimbursement may be paid to another
28 member of the household as determined by the department of of
29 human services. If the claimant was the only member of the
30 household, the reimbursement may be paid to the claimant’s
31 executor or administrator, but if neither is appointed and
32 qualified within one year from the date of the filing of
33 the claim, the reimbursement shall escheat to the state. If
34 a claimant dies after having filed a claim for credit for
35 property taxes due, the amount of credit shall be paid as if
1 the claimant had not died.
2 Sec. 20. Section 425.40, subsection 1, Code 2021, as amended
3 by 2021 Iowa Acts, House File 368, section 34, is amended to
4 read as follows:
5 1. A low-income tax credit and reimbursement fund is
 Senate File 615, p. 7
6 created. Within the low-income tax credit and reimbursement
7 fund, a rent reimbursement account is created under the control
8 of the department of human services and a tax credit account
9 is created under the control of the department of revenue.
10 Amounts appropriated to the fund shall first be credited to the
11 rent reimbursement account.
12 Sec. 21. Section 455B.175, subsection 1, unnumbered
13 paragraph 1, Code 2021, as amended by 2021 Iowa Acts, House
14 File 699, section 91, is amended to read as follows:
15 If there is substantial evidence that any person has
16 violated or is violating any provision of, or any rule or
17 standard established or permit issued pursuant to, this part
18 1 of subsection subchapter III, chapter 459, subchapter III,
19 chapter 459A, or chapter 459B, then one of the following may
20 apply:
21 Sec. 22. Section 455B.307, subsections 1 and 3, Code 2021,
22 as amended by 2021 Iowa Acts, House File 699, section 101, are
23 amended to read as follows:
24 1. A private agency or public agency shall not dump or
25 deposit or permit the dumping or depositing of any solid waste
26 at any place other than a sanitary disposal project approved
27 by the director unless the agency has been granted a permit
28 by the department which allows the dumping or depositing
29 of solid waste on land owned or leased by the agency. The
30 department shall adopt rules regarding the permitting of this
31 activity which shall provide that the public interest is best
32 served, but which may be based upon criteria less stringent
33 than those regulating a public sanitary disposal project
34 provided that the rules adopted meet the groundwater protection
35 goal specified in section 455E.4. The comprehensive plans
1 for these facilities may be varied in consideration of the
2 types of sanitary disposal practices, hydrologic and geologic
3 conditions, construction and operations characteristics, and
4 volumes and types of waste handled at the disposal site. The
5 director may issue temporary permits for dumping or disposal
6 of solid waste at disposal sites for which an application
7 for a permit to operate a sanitary disposal project has been
8 made and which have not met all of the requirements of this
9 part 1 of this subchapter IV and the rules adopted by the
 Senate File 615, p. 8
10 commission if a compliance schedule has been submitted by the
11 applicant specifying how and when the applicant will meet the
12 requirements for an operational sanitary disposal project and
13 the director determines the public interest will be best served
14 by granting such temporary permit.
15 3. Any person who violates any provision of this part 1
16 of this subchapter IV or any rule or any order adopted or the
17 conditions of any permit or order issued pursuant to this part
18 1 of this subchapter IV shall be subject to a civil penalty,
19 not to exceed five thousand dollars for each day of such
20 violation.
21 Sec. 23. Section 455B.307A, subsection 4, Code 2021, as
22 amended by 2021 Iowa Acts, House File 699, section 102, is
23 amended to read as follows:
24 4. This section shall not apply to the discarding of litter
25 regulated under part 3 of this subchapter IV, part 3, and local
26 littering ordinances.
27 Sec. 24. Section 455B.396, subsection 1, Code 2021, as
28 amended by 2021 Iowa Acts, House File 699, section 103, is
29 amended to read as follows:
30 1. Liability to the state under this part 4 or part 5 of
31 this subchapter IV is a debt to the state. Liability to a
32 political subdivision under this part 4 of this subchapter IV
33 is a debt to the political subdivision. The debt, together
34 with interest on the debt at the maximum lawful rate of
35 interest permitted pursuant to section 535.2, subsection 3,
1 paragraph “a”, from the date costs and expenses are incurred
2 by the state or a political subdivision is a lien on real
3 property, except single and multifamily residential property,
4 on which the department incurs costs and expenses creating a
5 liability and owned by the persons liable under this part 4 or
6 part 5. To perfect the lien, a statement of claim describing
7 the property subject to the lien must be filed within one
8 hundred twenty days after the incurrence of costs and expenses
9 by