Bill Text: IA SF638 | 2019-2020 | 88th General Assembly | Enrolled

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Bill Title: A bill for 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, applicability, and retroactive applicability provisions. (Formerly SSB 1262.) Various effective dates; see sections 22, 23, 30, 44, and 60 of bill.

Spectrum: Committee Bill

Status: (Passed) 2019-05-27 - NOBA: Final [SF638 Detail]

Download: Iowa-2019-SF638-Enrolled.html

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Senate File 638 - Enrolled
Senate File 638
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, APPLICABILITY, AND RETROACTIVE APPLICABILITY
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
STANDING APPROPRIATIONS AND RELATED MATTERS
Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY
2019-2020. Notwithstanding the standing appropriation in the
following designated section for the fiscal year beginning July
1, 2019, and ending June 30, 2020, 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 transportation
under section 285.2:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,197,091
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 2019-2020. In
lieu of the appropriation provided in section 257.20,
subsection 2, the appropriation for the fiscal year

Senate File 638, p. 2
beginning July 1, 2019, and ending June 30, 2020, for paying
instructional support state aid under section 257.20 for such
fiscal year is zero.
Sec. 3. Section 257.35, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 13A. 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, 2019, and ending June
30, 2020, 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.
Sec. 4. SPECIAL FUNDS —— SALARY ADJUSTMENTS ——
UNAPPROPRIATED MONEYS —— FY 2019-2020 —— FY 2020-2021. For the
fiscal year beginning July 1, 2019, and ending June 30, 2020,
and for the fiscal year beginning July 1, 2020, and ending June
30, 2021, 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
Sec. 5. DEPARTMENT OF PUBLIC SAFETY.
1. 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 costs associated with the training and equipment needs
of volunteer fire fighters:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000

Senate File 638, p. 3
2. 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 only for the purpose designated in
this section until the close of the succeeding fiscal year.
3. Notwithstanding section 8.39, the department of public
safety may reallocate moneys appropriated in this section
and moneys appropriated in 2019 Iowa Acts, Senate File 615,
section 15, if enacted, as necessary to best fulfill the needs
provided for in the appropriation. However, the department
shall not reallocate moneys appropriated to the department
in this section and moneys appropriated in 2019 Iowa Acts,
Senate File 615, section 15, if enacted, unless notice of the
reallocation is given to the legislative services agency and
the department of management prior to the effective date of the
reallocation. The notice shall include information regarding
the rationale for reallocating the moneys. The department
shall not reallocate moneys appropriated in this section and
moneys appropriated in 2019 Iowa Acts, Senate File 615, section
15, if enacted, for the purpose of eliminating any program.
DIVISION III
MISCELLANEOUS PROVISIONS
Sec. 6. Section 2C.18, Code 2019, is amended to read as
follows:
2C.18 Report to general assembly.
The ombudsman shall by April 1 December 31 of each year
submit an economically designed and reproduced report to the
general assembly and to the governor concerning the exercise of
the ombudsman’s functions during the preceding calendar fiscal
year. In discussing matters with which the ombudsman has been
concerned, the ombudsman shall not identify specific persons
if to do so would cause needless hardship. If the annual
report criticizes a named agency or official, it shall also
include unedited replies made by the agency or official to the
criticism, unless excused by the agency or official affected.
Sec. 7. Section 558.69, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 9. Notwithstanding section 331.604 or any
other provision of law to the contrary, the county recorder

Senate File 638, p. 4
shall not charge or collect a fee for the submission or filing
of a groundwater hazard statement.
DIVISION IV
CORRECTIVE PROVISIONS
Sec. 8. Section 29C.20C, if enacted by 2019 Iowa Acts,
Senate File 570, section 1, is amended to read as follows:
29C.20C Immunity —— licensed architects and professional
engineers.
An architect licensed pursuant to chapter 544A or a
professional engineer licensed pursuant to chapter 542B who,
during a disaster emergency as proclaimed by the governor or
a major disaster as declared by the president of the United
States, in good faith and at the request of or with the
approval of a national, state, or local public official, law
enforcement official, public safety official, or building
inspection official believed by the licensed architect or
professional engineer to be acting in an official capacity,
voluntarily and without compensation provides architectural,
engineering, structural, electrical, mechanical, or other
design professional services related to the disaster emergency
or major disaster shall not be liable for civil damages for any
acts or omissions resulting from the services provided, unless
such acts or omissions constitute recklessness or willful
and wanton misconduct. A licensed architect or professional
engineer who receives expense reimbursement for the performance
of services described in this section shall not be considered
to have received compensation for such services.
Sec. 9. Section 216A.133, subsection 3, paragraph l, if
enacted by 2019 Iowa Acts, House File 634, section 5, is
amended to read as follows:
l. Recommending to the board department the adoption of
rules pursuant to chapter 17A as it deems necessary for the
board and division.
Sec. 10. Section 225C.51, subsection 1, paragraph a, if
enacted by 2019 Iowa Acts, House File 690, section 8, is
amended to read as follows:
a. The director of the department of human services or the
director’s designee.
Sec. 11. Section 225C.51, subsection 3, if enacted by 2019

Senate File 638, p. 5
Iowa Acts, House File 690, section 8, is amended to read as
follows:
3. The director of the department of human services and the
director of the department of education, or their designees,
shall serve as co-chairpersons of the state board. Board
members shall not be entitled to a per diem as specified in
section 7E.6 and shall not be entitled to actual and necessary
expenses incurred while engaged in their official duties.
Sec. 12. Section 261H.3, subsections 1 and 2, as enacted by
2019 Iowa Acts, Senate File 274, section 3, are amended to read
as follows:
1. Noncommercial expressive activities protected under the
provisions of this chapter include but are not limited to any
lawful oral or written means by which members of the campus
community may communicate ideas to one another, including
but not limited to all forms of peaceful assembly, protests,
speeches including by invited speakers, distribution of
literature, circulating petitions, and publishing, including
publishing or streaming on an internet site, or audio or video
recorded in outdoor areas of campus.
2. A member of the campus community who wishes to engage in
noncommercial expressive activity in outdoor areas of campus
shall be permitted to do so freely, subject to reasonable
time, place, and manner restrictions, and as long as the
member’s conduct is not unlawful, does not impede others’
access to a facility or use of walkways, and does not disrupt
the functioning of the public institution of higher education,
subject to the protections of subsection 1. The public
institution of higher education may designate other areas of
campus available for use by the campus community according to
institutional policy, but in all cases access to designated
areas of campus must be granted on a viewpoint-neutral basis
within the bounds of established principles of the first
amendment principles to the Constitution of the United States .
Sec. 13. Section 322C.2, subsection 20, if enacted by 2019
Iowa Acts, Senate File 435, section 2, is amended to read as
follows:
20. “Towable recreational vehicle dealer” or “dealer” means
a person required to be licensed under this chapter who is

Senate File 638, p. 6
authorized to sell and service towable recreational vehicles.
Sec. 14. Section 322C.15, subsection 2, paragraph b, if
enacted by 2019 Iowa Acts, Senate File 435, section 12, is
amended to read as follows:
b. The manufacturer’s or distributor’s business operations
have been abandoned or caused the dealer’s business operations
to close for ten consecutive business days. This subparagraph
paragraph does not apply if the closing is due to a normal
seasonal closing and the manufacturer or distributor notifies
the dealer of the planned closing, an act of God, a strike,
a labor difficulty, or any other cause over which the
manufacturer or distributor has no control.
Sec. 15. Section 456A.33C, subsection 1, unnumbered
paragraph 1, if enacted by 2019 Iowa Acts, House File 765,
section 18, is amended to read as follows:
For purposes of this section, unless the context otherwise
requires, “eligible water body” means a body of water that meet
meets all of the following criteria:
Sec. 16. Section 513D.2, subsection 2, Code 2019, as amended
by 2019 Iowa Acts, House File 679, section 184, if enacted, is
amended to read as follows:
2. The commissioner or of insurance may take any enforcement
action under the commissioner’s authority to enforce compliance
with this chapter .
Sec. 17. Section 515I.4A, subsection 1, paragraph c, as
enacted by 2019 Iowa Acts, Senate File 558, section 4, is
amended to read as follows:
c. The board of directors of the insurer has passed a
resolution seeking approval as a domestic surplus lines insurer
in this state and stating that the insurer shall only write
surplus line lines business. The resolution shall not be
amended without approval of the commissioner.
Sec. 18. Section 522E.13, subsection 6, Code 2019, as
amended by 2019 Iowa Acts, Senate File 559, section 6, is
amended to read as follows:
6. Whenever notice or correspondence with respect to a
policy of portable electronics insurance is required pursuant
to this section , it shall be in writing and sent within the
notice period required pursuant to this section . Notices

Senate File 638, p. 7
and correspondence shall be sent to the licensed portable
electronics vendor that is the policyholder at the portable
electronics vendor’s mailing or electronic mail address
specified for that purpose and to its affected enrolled
consumers’ last known mailing or electronic mail addresses on
file with the insurer or the portable electronics vendor. All
notices and documents that are delivered by electronic means
shall comply with section 505B.1, except for the provisions
in section 505B.1, subsection 4. The insurer or portable
electronics vendor shall maintain proof that the notice or
correspondence was sent for not less than three years after
that notice or correspondence was sent.
Sec. 19. Section 633.648, Code 2019, as amended by 2019
Iowa Acts, House File 610, section 34, if enacted, is amended
to read as follows:
633.648 Appointment of attorney in compromise of personal
injury settlements.
Notwithstanding the provisions of section 633.642 prior to
authorizing a compromise of a claim for damages on account
of personal injuries to the ward protected person , the court
may order an independent investigation by an attorney other
than by the attorney for the conservator. The cost of such
investigation, including a reasonable attorney fee, shall be
taxed as part of the cost of the conservatorship.
Sec. 20. Section 692C.1, subsection 1, paragraph a, if
enacted by 2019 Iowa Acts, House File 681, section 1, is
amended to read as follows:
a. “Covered individual” means an individual who has, seeks
to have, or may have access to children, the elderly, or
individuals with disabilities served by a qualified entity and
who is employed by , volunteers with, or seeks to volunteer with
a qualified entity; or owns or operates or seeks to own or
operate, a qualified entity.
Sec. 21. 2019 Iowa Acts, Senate File 333, section 104,
subsection 6, is amended to read as follows:
6. Sections 15E.206, subsection 3, paragraph “a”;
15E.207, subsection 2, paragraph “b”, subparagraph (2),
subparagraph division (c); 15E.208, subsection 5, paragraph
“g”, subparagraphs (1) and (2); 15E.208, subsection 6,

Senate File 638, p. 8
paragraph “d”, subparagraph (1), subparagraph division
(a); 135.61, unnumbered paragraph 1; 135.61, subsection
1, paragraph “d”; 135.61, subsection 4; 135.62, subsection
1; 135.62, subsection 2, paragraph “f”, subparagraphs (2),
(4), and (5); 135.63, subsection 1; 135.63, subsection 2,
unnumbered paragraph 1; 135.63, subsection 2, paragraph “f”;
135.63, subsection 2, paragraph “g”, subparagraph (1); 135.63,
subsection 2, paragraph “h”, subparagraph (1), unnumbered
paragraph 1; 135.63, subsection 2, paragraph “j”; 135.63,
subsection 2, paragraph “k”, subparagraph (1), unnumbered
paragraph 1; 135.63, subsection 2, paragraph “l”, unnumbered
paragraph 1; 135.63, subsection 2, paragraphs “m” and “n”;
135.63, subsection 2, paragraph “p”, unnumbered paragraph 1;
135.63, subsection 3; 135.64, subsection 3; 135.72, unnumbered
paragraph 1; 135.73, subsection 1; 135.73, subsection
2, unnumbered paragraph 1; 135.73, subsection 3; 135.74,
subsections 1 and 3; 135.75, subsection 2; 135.76, subsection
1; 135.100, unnumbered paragraph 1; 135.105A, subsection 5;
135.108, unnumbered paragraph 1; 135.140, unnumbered paragraph
1; 249K.2, subsection 6; 490.120, subsection 12, paragraph “c”,
subparagraph (1); 490.140, subsection 29; 490.640, subsection
8; 490.809, subsection 2; 490.858, subsection 2; 490.1101,
unnumbered paragraph 1; 490.1105, subsection 3; 490.1107,
subsection 1, paragraph “h”; 490.1107, subsection 2; 490.1107,
subsection 4, paragraph “b”; 490.1108, subsection 1; 490.1114,
subsection 1; 490.1114, subsection 2, paragraph “g”; 490.1202,
subsection 7; 490.1301, unnumbered paragraph 1; 490.1320,
subsection 1; 490.1320, subsection 3, paragraphs “a” and “b”;
490.1322, subsection 2, paragraph “c”; 490.1323, subsection
3; 490.1331, subsection 1; 490.1340, subsection 2, paragraph
“a”, subparagraph (1); 490.1403, subsection 3; 490.1405,
subsection 2, paragraph “c”; 499.69A, subsection 6; 524.1309,
subsection 8; 524.1406, subsection 1; 524.1417, subsection 1;
and 524.1805, subsection 6, Code 2019, are amended by striking
the word “division” and inserting in lieu thereof the word
“subchapter”.
Sec. 22. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this division of this Act amending section

Senate File 638, p. 9
29C.20.
2. The section of this division of this Act amending section
261H.3, subsections 1 and 2.
Sec. 23. EFFECTIVE DATE. The following takes effect January
1, 2020:
The section of this division of this Act amending section
633.648.
Sec. 24. RETROACTIVE APPLICABILITY. The following applies
retroactively to the effective date of 2019 Iowa Acts, Senate
File 570, if enacted:
The section of this division of this Act amending section
29C.20.
Sec. 25. RETROACTIVE APPLICABILITY. The following applies
retroactively to March 27, 2019:
The section of this division of this Act amending section
261H.3, subsections 1 and 2.
Sec. 26. APPLICABILITY. The following applies to
guardianships and guardianship proceedings for adults and
conservatorships and conservatorship proceedings for adults and
minors established or pending before, on, or after January 1,
2020:
The section of this division of this Act amending section
633.648.
DIVISION V
FLOOD RECOVERY
Sec. 27. NEW SECTION . 418.16 Flood recovery fund.
1. A flood recovery fund is established in the state
treasury under the control of the board. The fund shall
consist of moneys appropriated to the fund by the general
assembly and any other moneys available to, obtained by, or
accepted by the board for deposit in the fund. Moneys in the
fund are appropriated to the department and shall be used for
the purposes designated in this section. Moneys in the fund
shall not supplant any federal disaster recovery moneys.
2. The board may award moneys from the fund to eligible
political subdivisions of the state. A political subdivision
of the state is eligible to receive moneys from the fund if
the political subdivision is located in a county designated
under presidential disaster declaration DR-4421-IA and is also

Senate File 638, p. 10
located in a county where the federal emergency management
agency’s individual assistance program has been activated.
3. In order to be awarded moneys from the fund, a political
subdivision of the state shall submit a project application
to the department for consideration by the board. The board
shall prescribe application forms and application instructions.
Project applications shall include all of the following:
a. A description of the project and the manner in which
the project supports flood response, flood recovery, or flood
mitigation activities.
b. A description of the financial assistance needed from the
fund.
c. Details on any additional moneys to be applied to the
project.
4. a. The board shall review all project applications.
During the review of a project application, the board shall
consider, at a minimum, all of the following:
(1) Whether the project supports flood response, flood
recovery, or flood mitigation activities.
(2) Whether moneys from the fund are essential to meet
the necessary expenses or serious needs of the political
subdivision related to flood response, flood recovery, or flood
mitigation.
b. Upon review of a project application, the board shall
approve, defer, or deny the application. If a project
application is approved, the board shall specify the amount of
moneys from the fund awarded to the political subdivision. The
board shall negotiate and execute on behalf of the department
all necessary agreements to provide the moneys. If a project
application is deferred or denied, the board shall state the
reasons for such deferral or denial.
5. Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of a
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated in this section.
Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys deposited in the fund shall be credited to
the fund.
Sec. 28. FLOOD RECOVERY APPROPRIATION. There is

Senate File 638, p. 11
appropriated from the general fund of the state to the
department of homeland security and emergency management, for
the fiscal year beginning July 1, 2018, and ending June 30,
2019, the following amount, or so much thereof as is necessary,
to be credited to the flood recovery fund created in section
418.16, as enacted by this Act, and used for the purposes
designated in section 418.16, as enacted by this Act:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,000,000
Sec. 29. EMERGENCY RULES. The department of homeland
security and emergency management may adopt emergency
rules under section 17A.4, subsection 3, and section 17A.5,
subsection 2, paragraph “b”, to implement the provisions of
this division of this Act and the rules shall be effective
immediately upon filing unless a later date is specified in the
rules. Any rules adopted in accordance with this section shall
also be published as a notice of intended action as provided
in section 17A.4.
Sec. 30. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION VI
STATE BUDGET PROCESS
Sec. 31. Section 8.6, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 16. Salary model administrator. To
designate a position within the department to serve as the
salary model administrator.
a. The salary model administrator shall work in conjunction
with the legislative services agency to maintain the state’s
salary model used for analyzing, comparing, and projecting
state employee salary and benefit information, including
information relating to employees of the state board of
regents.
b. The department of revenue, the department of
administrative services, the institutions governed by the state
board of regents pursuant to section 262.7, each judicial
district’s department of correctional services, and the state
department of transportation shall provide salary data to the
department of management and the legislative services agency
to operate the state’s salary model. The format and frequency

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of provision of the salary data shall be determined by the
department of management and the legislative services agency.
c. The information shall be used in collective bargaining
processes under chapter 20 and in calculating the funding needs
contained within any annual salary adjustment legislation.
A state employee organization as defined in section 20.3,
subsection 4, may request information produced by the model,
but the information provided shall not contain information
attributable to individual employees.
Sec. 32. Section 8.23, subsection 1, unnumbered paragraph
1, Code 2019, is amended to read as follows:
On or before October 1, prior to each legislative session,
all departments and establishments of the government shall
transmit to the director, on blanks to be furnished by the
director, estimates of their expenditure requirements,
including every proposed expenditure, for the ensuing fiscal
year, classified so as to distinguish between expenditures
estimated for administration, operation, and maintenance, and
the cost of each project involving the purchase of land or the
making of a public improvement or capital outlay of a permanent
character, together with supporting data and explanations
as called for by the director after consultation with the
legislative services agency .
Sec. 33. Section 8.23, subsection 1, paragraph a, Code 2019,
is amended to read as follows:
a. The estimates of expenditure requirements shall be
based upon seventy-five percent of the funding provided for
the current fiscal year accounted for by program reduced by
the historical employee vacancy factor in a form specified by
the director , and the remainder of the estimate of expenditure
requirements shall include all proposed expenditures and shall
be prioritized by program or the results to be achieved . The
estimates shall be accompanied with by performance measures
for evaluating the effectiveness of the program programs or
results .
Sec. 34. Section 602.1301, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2019, is amended to read as
follows:
As early as possible, but not later than December 1, the

Senate File 638, p. 13
supreme court shall submit to the legislative services agency
the annual budget request and detailed supporting information
for the judicial branch. The submission shall be designed
to assist the legislative services agency in its preparation
for legislative consideration of the budget request. The
information submitted shall contain and be arranged in a format
substantially similar to the format specified by the director
of the department of management and used by all departments
and establishments in transmitting to the director estimates
of their expenditure requirements pursuant to section 8.23 ,
except the estimates of expenditure requirements shall be based
upon one hundred percent of funding for the current fiscal
year accounted for by program, and using the same line item
definitions of expenditures as used for the current fiscal
year’s budget request, and the remainder of the estimate of
expenditure requirements prioritized by program . The supreme
court shall also make use of the department of management’s
automated budget system when submitting information to the
director of the department of management to assist the director
in the transmittal of information as required under section
8.35A . The supreme court shall budget and track expenditures
by the following separate organization codes:
DIVISION VII
BLACKOUT SPECIAL REGISTRATION PLATES
Sec. 35. Section 321.34, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 11C. Blackout plates.
a. Upon application and payment of the proper fees,
the director may issue blackout plates to the owner of a
motor vehicle subject to registration under section 321.109,
subsection 1, autocycle, motor truck, motor home, multipurpose
vehicle, motorcycle, trailer, or travel trailer.
b. Blackout plates shall be designed by the department. A
blackout plate’s background shall be black, and the plate’s
letters and numbers shall be white.
c. The special blackout fee for letter-number designated
blackout plates is thirty-five dollars. An applicant may
obtain personalized blackout plates upon payment of the fee for
personalized plates as provided in subsection 5, which is in

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addition to the special blackout fee. The fees collected by
the director under this subsection shall be paid monthly to the
treasurer of state and deposited in the road use tax fund.
d. Upon receipt of the special registration plates, the
applicant shall surrender the current registration plates to
the county treasurer. The county treasurer shall validate
the special registration plates in the same manner as regular
registration plates are validated under this section. The
annual special blackout fee for letter-number designated plates
is ten dollars which shall be paid in addition to the regular
annual registration fee. The annual fee for personalized
blackout plates is five dollars which shall be paid in addition
to the annual special blackout fee and the regular annual
registration fee. The annual special blackout fee shall be
credited as provided under paragraph “c” .
e. The department shall not condition the issuance of
blackout plates on the receipt of any number of orders for
blackout plates.
Sec. 36. Section 321.166, subsection 9, Code 2019, is
amended to read as follows:
9. Special registration plates issued pursuant to section
321.34 , other than gold star, medal of honor, collegiate, fire
fighter, and natural resources , and blackout registration
plates, shall be consistent with the design and color of
regular registration plates but shall provide a space on a
portion of the plate for the purpose of allowing the placement
of a distinguishing processed emblem or an organization
decal. Special registration plates shall also comply with
the requirements for regular registration plates as provided
in this section to the extent the requirements are consistent
with the section authorizing a particular special vehicle
registration plate.
DIVISION VIII
GAMBLING REGULATION
Sec. 37. Section 99F.7A, subsection 3, if enacted by 2019
Iowa Acts, Senate File 617, section 10, is amended to read as
follows:
3. A licensee under this section may enter into operating
agreements with one or two entities to have up to a total of

Senate File 638, p. 15
two individually branded internet sites to conduct advance
deposit sports wagering for the licensee, unless one additional
operating agreement or individually branded internet site
is authorized by the commission. However, a person shall
not sell, grant, assign, or turn over to another person the
operation of an individually branded internet site to conduct
advance deposit wagering for the licensee without the approval
of the commission. This section does not prohibit an agreement
entered into between a licensee under this section and an
advanced deposit sports wagering operator as approved by the
commission.
Sec. 38. Section 99F.13, Code 2019, is amended to read as
follows:
99F.13 Annual audit of licensee operations.
Within ninety days after the end of the licensee’s fiscal
year, the licensee shall transmit to the commission an audit
of the licensee’s total gambling operations, including an
itemization of all expenses and subsidies. For a licensed
subsidiary of a parent company, an audit of the parent company
meets the requirements of this section. All audits shall
be conducted by certified public accountants authorized
to practice in the state of Iowa under chapter 542 who are
selected by the board of supervisors of the county in which the
licensee operates .
DIVISION IX
PUBLIC UTILITIES
Sec. 39. Section 476.6, subsection 15, paragraph c,
subparagraphs (2) and (4), Code 2019, are amended to read as
follows:
(2) Notwithstanding the goals developed pursuant to
paragraph “b” , the board shall not require or allow a gas
utility to adopt an energy efficiency plan that results in
projected cumulative average annual costs that exceed one
and one-half percent of the gas utility’s expected annual
Iowa retail rate revenue from retail customers in the state,
shall not require or allow an electric utility to adopt an
energy efficiency plan that results in projected cumulative
average annual costs that exceed two percent of the electric
utility’s expected annual Iowa retail rate revenue from retail

Senate File 638, p. 16
customers in the state, and shall not require or allow an
electric utility to adopt a demand response plan that results
in projected cumulative average annual costs that exceed two
percent of the electric utility’s expected annual Iowa retail
rate revenue from retail customers in the state. For purposes
of determining the two percent threshold amount, the board
shall exclude from an electric utility’s expected annual Iowa
retail rate revenue the revenues expected from customers that
have received exemptions from energy efficiency plans pursuant
to paragraph “a” . This subparagraph shall apply to energy
efficiency plans and demand response plans that are effective
on or after January 1, 2019.
(4) The board shall approve, reject, or modify a plan filed
pursuant to this subsection no later than March 31, 2019. If
the board fails to approve, reject, or modify a plan filed by a
gas or electric utility on or before such date, any plan filed
by the gas or electric utility that was approved by the board
prior to May 4, 2018, shall be terminated. The board shall
not require or allow a gas or electric utility to implement an
energy efficiency plan or demand response plan that does not
meet the requirements of this subsection .
DIVISION X
BOARD OF REGENTS CAPITAL PROJECTS
Sec. 40. BOARD OF REGENTS CAPITAL PROJECTS REPORT.
1. The state board of regents shall submit a written report,
including such information and recommendations as required by
this section, to the general assembly by December 13, 2019,
regarding the financing of capital projects at institutions
under the control of the state board of regents.
2. The written report shall include a list of all capital
projects initiated by an institution under the control of the
state board of regents since January 1, 2004, in which the
state provided at least a part of the financing for the project
from an appropriation from the rebuild Iowa infrastructure fund
created in section 8.57. For each project listed, the report
shall include all of the following information:
a. Total cost of each project.
b. The amount and percentage of each project financed
through donations and gifts from private sources.

Senate File 638, p. 17
c. The amount and percentage of each project financed
through funding from the federal government.
d. The amount and percentage of each project financed
through institution sources.
e. The amount and percentage of each project financed
through state dollars.
f. The amount and percentage of each project financed
through other sources.
g. Whether each project was considered a renovation or new
construction.
3. The written report shall include, for each year since
January 1, 2004, the percentage of capital project costs that
were covered by donations and gifts from private sources for
capital projects that did not receive state funding.
4. The written report shall include information regarding
how the state board of regents defines new construction and
renovations, a list of capital projects initiated due to
extraordinary circumstances, and the current method used by
the state board of regents and institutions under the control
of the state board of regents to develop financing plans for
capital projects.
5. The written report shall also include recommendations to
the general assembly regarding the following:
a. The type of capital projects that should be eligible for
state funding.
b. The share of state-funded capital projects that should be
funded with non-state dollars.
c. How the fundraising plan will be developed for
state-funded projects.
Sec. 41. REPEAL. Section 262.67, if enacted by 2019 Iowa
Acts, House File 765, section 16, is repealed.
DIVISION XI
WATERSHED MANAGEMENT AUTHORITIES
Sec. 42. Section 466B.22, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION . 5. If a portion of a United States
geological survey hydrologic unit code 8 watershed is located
outside of this state, any political subdivision in such a
watershed may participate in any watershed management authority

Senate File 638, p. 18
which includes the county in which the political subdivision
is located.
DIVISION XII
ELECTIONS
Sec. 43. 2019 Iowa Acts, House File 692, section 33, if
enacted, is amended to read as follows:
SEC. 33. EFFECTIVE DATE.
1. This division of this Act, being deemed of immediate
importance, takes effect upon enactment.
2. Notwithstanding subsection 1, the section of this
division of this Act amending section 39.2 takes effect July
1, 2019.
Sec. 44. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 45. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to the date of enactment of 2019 Iowa
Acts, House File 692, if enacted.
DIVISION XIII
JUDICIAL NOMINATING COMMISSION MODERNIZATION
Sec. 46. Section 46.1, Code 2019, is amended to read as
follows:
46.1 Appointment of state judicial nominating commissioners.
1. The governor shall appoint, subject to confirmation by
the senate, one eligible elector of each congressional district
nine eligible electors to the state judicial nominating
commission for a six-year term beginning and ending as provided
in section 69.19 .
2. The appointments made by the governor shall be
staggered terms of six years each and shall begin and end
in even-numbered years as provided in section 69.19. The
terms of no more than three nor less than two of the members
commissioners shall expire within the same two-year period.
3. No more than a simple majority of the members
commissioners appointed by the governor shall be of the same
gender.
4. All commissioners shall be chosen without reference to
political affiliation.
5. There shall be at least one commissioner appointed by
the governor from each congressional district and there shall

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not be more than two commissioners appointed by the governor
from a single congressional district unless each congressional
district has at least two commissioners appointed by the
governor.
6. A commissioner who has served a full six-year term on the
state judicial nominating commission, whether the commissioner
was appointed or elected, shall be ineligible to be appointed
to a second six-year term.
7. No person may be appointed who holds an office of
profit of the United States or of the state at the time of
appointment.
Sec. 47. Section 46.2, Code 2019, is amended by striking the
section and inserting in lieu thereof the following:
46.2 Election of state judicial nominating commissioners.
1. The resident members of the bar of each congressional
district shall elect two eligible electors of different genders
to the state judicial nominating commission.
2. The commissioners elected by the bar shall serve
staggered terms of six years each and shall be elected in the
month of January for terms commencing July 1 of odd-numbered
years. The terms of no more than three of the commissioners
shall expire within the same two-year period.
3. All of the commissioners elected by the bar shall be
chosen without reference to political affiliation.
4. A commissioner who has served a full six-year term on the
state judicial nominating commission, whether the commissioner
was appointed or elected, shall be ineligible to be elected to
a second six-year term.
5. No person may be elected who holds an office of profit of
the United States or of the state at the time of election.
Sec. 48. Section 46.2A, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
46.2A Special appointment of state judicial nominating
commissioners and transition provisions.
1. The initial term of the ninth commissioner appointed by
the governor shall begin on the effective date of this division
of this Act and shall expire on April 30, 2024.
2. After the initial term is served pursuant to subsection
1, a new commissioner shall be appointed by the governor to a

Senate File 638, p. 20
six-year term as provided in section 46.1.
3. The terms of any commissioner currently serving on
the state judicial nominating commission or any commissioner
already elected to begin serving on July 1, 2019, shall not be
affected by this Act.
Sec. 49. Section 46.5, Code 2019, is amended to read as
follows:
46.5 Vacancies.
1. When a vacancy occurs in the office of an appointive
judicial nominating commissioner, the chairperson of the
particular commission shall promptly notify the governor in
writing of such fact or the governor may take note of such a
vacancy . Vacancies in the office of an appointive judicial
nominating commissioner shall be filled by appointment by the
governor, consistent with eligibility requirements. The term
of state judicial nominating commissioners so appointed shall
commence upon their appointment pending confirmation by the
senate at the then session of the general assembly or at its
next session if it is not then in session. The term of district
judicial nominating commissioners so appointed shall commence
upon their appointment.
2. Except where the term has less than ninety days
remaining, vacancies in the office of elective member of the
state judicial nominating commission shall be filled consistent
with eligibility requirements by a special election within the
congressional district where the vacancy occurs, such election
to be conducted as provided in sections 46.9 and 46.10 . An
appointive commissioner shall be deemed to have submitted a
resignation if the commissioner fails to attend a meeting of
the commission that is properly noticed under section 46.13
and at which the commission conducts interviews or selects
nominees for judicial office. The governor, in the governor’s
discretion, may accept or reject the resignation. If the
governor accepts the resignation, the governor shall notify the
commissioner and the chairperson of the commission in writing
and shall then make another appointment.
3. Vacancies in the office of elective judicial nominating
commissioner of district judicial nominating commissions shall
be filled consistent with eligibility requirements and by

Senate File 638, p. 21
majority vote of the authorized number of elective members of
the particular commission, at a meeting of such members called
in the manner provided in section 46.13 . The term of judicial
nominating commissioners so chosen shall commence upon their
selection by a special election within the judicial election
district or congressional district where the vacancy occurs
unless the term has less than ninety days remaining, in which
case the office shall remain vacant. The special election
shall be completed within ninety days of the vacancy arising
and shall be conducted as provided in sections 46.9, 46.9A, and
46.10 .
4. If a vacancy occurs in the office of chairperson of a the
state judicial nominating commission, or in the members of the
commission shall elect a new chairperson as provided in section
46.6. If a vacancy occurs in the office of chairperson of a
district judicial nominating commission or in the absence of
the chairperson, the members of the particular commission shall
elect a temporary chairperson from their own number.
5. When a vacancy in an office of an elective judicial
nominating commissioner occurs, the state court administrator
shall cause to be mailed to each member of the bar whose name
appears on the certified list prepared pursuant to section 46.8
for the district or districts affected, a notice stating the
existence of the vacancy, the requirements for eligibility,
and the manner in which the vacancy will be filled. Other
items may be included in the same mailing if they are on sheets
separate from the notice. The election of a district judicial
nominating commissioner or the close of nominations for a state
judicial nominating commissioner shall not occur until thirty
days after the mailing of the notice. Notwithstanding section
69.1A, appointed and elected commissioners on the state and
district judicial nominating commissions shall not hold over
until their successor is elected and qualified.
6. All judicial nominating commissioners, including
those elected by the bar, shall be subject to removal by
the executive council in the same manner as appointive state
officers under section 66.26. When the status of a judicial
nominating commissioner is in question, the governor shall be
the officer responsible for deciding whether a vacancy exists

Senate File 638, p. 22
under section 69.2.
Sec. 50. Section 46.6, Code 2019, is amended to read as
follows:
46.6 Equal seniority Chairperson .
If the judges of longest service, other than the chief
justice, of the supreme court or of the district court in
a district are of equal service, the eldest of such judges
shall be chairperson of the particular judicial nominating
commission.
1. The commissioners of the state judicial nominating
commission shall elect a chairperson from their own number.
The chairperson shall serve a two-year term that expires
on April 30 of even-numbered years. A commissioner may be
reelected for a second or third term as chairperson. If a
chairperson of a judicial nominating commission desires to
be relieved of the duties of chairperson while retaining the
status of commissioner, the chairperson shall notify the
governor and the other commissioners of the commission. At the
next meeting of the commission, the commissioners shall elect a
new chairperson for the remainder of the two-year term.
2. The judge of longest service in the district shall serve
as the chair of a particular district judicial nominating
commission. If the judges of longest service in the district
are of equal service, the eldest of such judges shall be
chairperson of the particular judicial nominating commission.
Sec. 51. Section 46.7, Code 2019, is amended to read as
follows:
46.7 Eligibility to vote.
To be eligible to vote in elections of judicial nominating
commissioners, a member of the bar must be eligible to
practice and must be a resident of the state of Iowa and of
the appropriate congressional district or judicial election
district as shown by the member’s most recent filing with the
supreme court for the purposes of showing compliance with
the court’s continuing legal education requirements, or for
members of the bar eligible to practice who are not required
to file such compliance, any paper on file by July 1 with the
state court administrator, for the purpose of establishing
eligibility to vote under this section , which the court

Senate File 638, p. 23
determines to show the requisite residency requirements at the
time the member votes in the election . The member’s residency
shall be determined by the home address shown on the member’s
most recent electronic or paper submission to the commission
on continuing education and the client security commission or
on the member’s bar admission records. A judge who has been
admitted to the bar of the state of Iowa shall be considered a
member of the bar.
Sec. 52. Section 46.8, Code 2019, is amended to read as
follows:
46.8 Certified list.
1. Each year the The state court administrator shall certify
a maintain a certified list of the names, addresses, electronic
mail addresses, and years of admission of members of the bar
who are eligible to vote for state and district judicial
nominating commissioners.
2. Upon request, the state court administrator shall
provide the certified list in electronic form and without
charge to any properly qualified nominee for state or district
judicial nominating commissioner.
Sec. 53. Section 46.9, Code 2019, is amended to read as
follows:
46.9 Conduct of elections.
1. When an election of judicial nominating commissioners
is to be held, the state court administrator shall administer
the voting. The state court administrator may administer
the voting by electronic notification and voting or by paper
ballot mailed to each eligible attorney. The state court
administrator shall mail paper ballots to eligible attorneys or
electronically notify and enable eligible attorneys to vote.
The elector receiving the most votes shall be elected. When
more than one commissioner is to be elected, the electors
receiving the most votes shall be elected, in the same number
as the offices to be filled.
2. The state court administrator shall provide a voting
period of at least twenty-one days from when the electronic
voting notification is sent or the paper ballots are mailed
during which eligible attorneys may vote electronically or
submit a paper ballot.

Senate File 638, p. 24
3. In an election to elect a single commissioner, each
eligible attorney may cast a single vote, and the qualified
eligible elector receiving the most votes shall be elected.
4. In an election to elect one male commissioner and one
female commissioner, each eligible attorney may cast one vote
for male commissioner and one vote for female commissioner, and
the qualified eligible elector of each gender receiving the
most votes shall each be elected.
5. The election results, including the number of votes cast
for each elector and the total number of the members of the
bar eligible to vote in each election, shall be made publicly
available on the judicial branch internet site and shall be
reported to the governor and to the general assembly within ten
days after the conclusion of the election.
Sec. 54. Section 46.9A, Code 2019, is amended to read as
follows:
46.9A Notice preceding nomination of elective nominating
commissioners.
At least sixty days prior to the expiration of the term of an
elective state or district judicial nominating commissioner or
the expiration of the period within which a special election
must be held , the state court administrator shall mail paper
ballots to eligible attorneys or electronically notify and
enable eligible attorneys to vote. An eligible attorney is
a member of the bar whose name appears on the certified list
prepared pursuant to section 46.8 for the district or districts
affected provide notice of the current or upcoming vacancy
and the nomination and election process by making the notice
publicly available on the judicial branch internet site,
issuing a press release, and electronically notifying members
of the bar. The election shall not commence until at least
thirty days after the issuance of the notice required by this
section .
Sec. 55. Section 46.10, Code 2019, is amended to read as
follows:
46.10 Nomination of elective judicial nominating
commissioners.
1. In order to have an eligible elector’s name printed
on the ballot for state or district judicial nominating

Senate File 638, p. 25
commissioner, the eligible elector must file in the office of
the state court administrator at least thirty days prior to
expiration of the period within which the election must be
held a nominating petition signed by at least fifty resident
members of the bar ten eligible electors of the congressional
district in case of a candidate for state judicial nominating
commissioner, or at least ten resident members of the bar
eligible electors of the judicial district in case of a
candidate for district judicial nominating commissioner. No
member of the bar may sign more nominating petitions for state
or district judicial nominating commissioner than there are
such commissioners to be elected.
2. Ballots or electronic voting forms for state and district
judicial nominating commissioners shall contain blank lines
equal to the number of such commissioners to be elected, where
names may be written in. Any electronic voting form must
permit a voter to write in the name of any eligible elector.
Sec. 56. Section 46.11, Code 2019, is amended to read as
follows:
46.11 Certification of commissioners.
The Upon making an appointment, the governor and the state
court administrator respectively shall promptly certify
the names and addresses of appointive and elective judicial
nominating commissioners to the state commissioner of
elections and the chairperson of the respective nominating
commissions . Upon the completion of an election, the state
court administrator shall certify the names and addresses of
the elected judicial nominating commissioners to the state
commissioner of elections and the governor.
Sec. 57. Section 46.12, subsection 1, Code 2019, is amended
to read as follows:
1. When a vacancy occurs or will occur within one hundred
twenty days in the supreme court, the court of appeals, or
district court, the state commissioner of elections shall
forthwith so notify the chairperson of the proper judicial
nominating commission governor . The chairperson governor shall
call a meeting of the proper judicial nominating commission
within ten days after such notice; if the chairperson governor
fails to do so, the chief justice shall call such meeting.

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Sec. 58. Section 46.13, Code 2019, is amended to read as
follows:
46.13 Notice of meetings and application process .
1. The governor or chairperson of each judicial nominating
commission shall give the members of the commission at least
five days’ written notice by mail or electronic mail of the
time and place of every meeting, except as to members who
execute written waivers of notice at or before the meeting or
unless the commission at its next previous meeting designated
the time and place of the meeting.
2. Each commission, with the technical support of the
judicial branch, shall publish all of the following on the
judicial branch internet site:
a. Notice that the commission is accepting applications
for judge or justice along with a copy of the application form
at least two weeks before applications are required to be
submitted to the commission.
b. Copies of nonconfidential application materials submitted
by applicants.
c. The schedule of applicant interviews before the
commission.
d. The list of nominees submitted by the commission to the
governor and the chief justice.
3. Commissioners shall be permitted to conduct individual
interviews with applicants in advance of the commission’s
meetings to choose the nominees.
4. The state judicial nominating commission shall adopt
uniform rules for the state and district judicial nominating
commissions that shall be consistent with this chapter
and shall provide for a uniform and fair process for the
commissions to consider applicants and select nominees. The
state judicial nominating commission shall provide for a public
comment period of at least thirty days on its proposed uniform
rules prior to adopting the rules and shall adopt the rules
within six months of the effective date of this division of
this Act. Such rules shall be made publicly available on the
judicial branch internet site.
Sec. 59. NEW SECTION . 46.15A Severability and judicial
review.

Senate File 638, p. 27
1. If any provision or clause of this chapter or any
application of this chapter to any person or circumstances
is held invalid, such invalidity shall not affect other
provisions, clauses, or applications of this chapter which can
be given effect without the invalid provision or application,
and to this end the provisions and clauses of this chapter are
declared to be severable.
2. Notwithstanding any provision of law to the contrary,
if any provision of this chapter is preliminarily enjoined,
no judicial nominating commission shall meet to nominate
persons to serve as a judge or justice while the preliminary
injunction is in effect or while any appeal of the preliminary
injunction or a related permanent injunction is pending unless
the injunction is subsequently stayed or otherwise lifted.
Sec. 60. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION XIV
CHIEF JUSTICE SELECTION
Sec. 61. Section 602.4103, Code 2019, is amended to read as
follows:
602.4103 Chief justice.
The justices of the supreme court shall select one justice as
chief justice, to serve during that justice’s term of office.
1. At the first meeting in each odd-numbered year, the
justices of the supreme court by majority vote shall designate
one justice as chief justice, to serve for a two-year term.
A vacancy in the office of chief justice shall be filled for
the remainder of the unexpired term by majority vote of the
justices of the supreme court, after any vacancy on the court
has been filled.
2. If the chief justice desires to be relieved of the duties
of chief justice while retaining the status of justice of the
supreme court, the chief justice shall notify the governor and
the other justices of the supreme court. The office of chief
justice shall be deemed vacant, and shall be filled as provided
in this section.
3. The chief justice is eligible for reselection.
4. The chief justice shall appoint one of the other justices

Senate File 638, p. 28
to act during the absence or inability of the chief justice
to act, and when so acting the appointee has all the rights,
duties, and powers of the chief justice.
Sec. 62. NEW SECTION . 602.4103A Transition provisions.
1. The term of the chief justice serving on the effective
date of this division of this Act shall expire on January
15, 2021, or upon the conclusion of the first meeting of the
justices of the supreme court in January 2021, whichever occurs
earlier.
2. If the office of chief justice becomes vacant prior to
the expiration of the term in January 2021, the office shall be
filled for the remainder of the unexpired term as provided for
in section 602.4103.
3. This section is repealed July 1, 2021.
______________________________ ______________________________
CHARLES SCHNEIDER LINDA UPMEYER
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 638, Eighty-eighth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2019 ______________________________
KIM REYNOLDS
Governor