Senate File 510 - Introduced
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SSB
1289)
A BILL FOR
1 An Act relating to state and local finances by making
2 appropriations, providing for fees, providing for legal
3 responsibilities, providing for certain employee benefits,
4 and providing for regulatory, taxation, and properly related
5 matters, and including penalties and effective date and
6 retroactive and other applicability provisions.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2650SV (4) 86
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PAG LIN
1 1 DIVISION I
1 2 STANDING APPROPRIATIONS AND RELATED MATTERS
1 3 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2016=2017 AND
1 4 FISCAL YEAR 2017=2018.
1 5 1. For the budget process applicable to the fiscal year
1 6 beginning July 1, 2016, on or before October 1, 2015, in lieu
1 7 of the information specified in section 8.23, subsection 1,
1 8 unnumbered paragraph 1, and paragraph "a", all departments and
1 9 establishments of the government shall transmit to the director
1 10 of the department of management, on blanks to be furnished by
1 11 the director, estimates of their expenditure requirements,
1 12 including every proposed expenditure, for the ensuing fiscal
1 13 year, together with supporting data and explanations as called
1 14 for by the director of the department of management after
1 15 consultation with the legislative services agency.
1 16 2. The estimates of expenditure requirements shall be
1 17 in a form specified by the director of the department of
1 18 management, and the expenditure requirements shall include all
1 19 proposed expenditures and shall be prioritized by program or
1 20 the results to be achieved. The estimates shall be accompanied
1 21 by performance measures for evaluating the effectiveness of the
1 22 programs or results.
1 23 Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS ==== FY
1 24 2015=2016. Notwithstanding the standing appropriations
1 25 in the following designated sections for the fiscal year
1 26 beginning July 1, 2015, and ending June 30, 2016, the amounts
1 27 appropriated from the general fund of the state pursuant to
1 28 these sections for the following designated purposes shall not
1 29 exceed the following amounts:
1 30 1. For operational support grants and community cultural
1 31 grants under section 99F.11, subsection 3, paragraph "d",
1 32 subparagraph (1):
1 33 .................................................. $ 416,702
1 34 2. For payment for nonpublic school transportation under
1 35 section 285.2:
2 1 .................................................. $ 8,560,931
2 2 If total approved claims for reimbursement for nonpublic
2 3 school pupil transportation exceed the amount appropriated in
2 4 accordance with this subsection, the department of education
2 5 shall prorate the amount of each approved claim.
2 6 3. For the enforcement of chapter 453D relating to tobacco
2 7 product manufacturers under section 453D.8:
2 8 .................................................. $ 18,416
2 9 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS ==== FY
2 10 2016=2017. Notwithstanding the standing appropriations
2 11 in the following designated sections for the fiscal year
2 12 beginning July 1, 2016, and ending June 30, 2017, the amounts
2 13 appropriated from the general fund of the state pursuant to
2 14 these sections for the following designated purposes shall not
2 15 exceed the following amounts:
2 16 1. For operational support grants and community cultural
2 17 grants under section 99F.11, subsection 3, paragraph "d",
2 18 subparagraph (1):
2 19 .................................................. $ 208,351
2 20 2. For payment for nonpublic school transportation under
2 21 section 285.2:
2 22 .................................................. $ 8,560,931
2 23 If total approved claims for reimbursement for nonpublic
2 24 school pupil transportation exceed the amount appropriated in
2 25 accordance with this subsection, the department of education
2 26 shall prorate the amount of each approved claim.
2 27 3. For the enforcement of chapter 453D relating to tobacco
2 28 product manufacturers under section 453D.8:
2 29 .................................................. $ 9,208
2 30 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID ==== FY 2015=2016
2 31 ==== FY 2016=2017. In lieu of the appropriation provided in
2 32 section 257.20, subsection 2, the appropriation for the fiscal
2 33 years beginning July 1, 2015, and July 1, 2016, for paying
2 34 instructional support state aid under section 257.20 for such
2 35 fiscal years is zero.
3 1 Sec. 5. GENERAL ASSEMBLY.
3 2 1. The appropriations made pursuant to section 2.12 for the
3 3 expenses of the general assembly and legislative agencies for
3 4 the fiscal year beginning July 1, 2015, and ending June 30,
3 5 2016, are reduced by the following amount:
3 6 .................................................. $ 4,223,452
3 7 2. The budgeted amounts for the general assembly and
3 8 legislative agencies for the fiscal year beginning July 1,
3 9 2015, may be adjusted to reflect the unexpended budgeted
3 10 amounts from the previous fiscal year.
3 11 DIVISION II
3 12 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
3 13 Sec. 6. DEPARTMENT OF CORRECTIONS ==== APPROPRIATION. There
3 14 is appropriated from the general fund of the state to the
3 15 department of corrections for the fiscal year beginning July
3 16 1, 2014, and ending June 30, 2015, the following amount, or
3 17 so much thereof as is necessary, to be used for the purposes
3 18 designated:
3 19 For operations, including salaries, support, maintenance,
3 20 and miscellaneous purposes, including training and additional
3 21 costs associated with the new correctional facility located in
3 22 Fort Madison:
3 23 .................................................. $ 1,000,000
3 24 Notwithstanding section 8.33, moneys appropriated in this
3 25 section that remain unencumbered or unobligated at the close of
3 26 the fiscal year shall not revert but shall remain available for
3 27 expenditure for the purposes designated until the close of the
3 28 succeeding fiscal year.
3 29 Sec. 7. DEPARTMENT OF PUBLIC HEALTH. There is appropriated
3 30 from the general fund of the state to the department of public
3 31 health for the fiscal year beginning July 1, 2014, and ending
3 32 June 30, 2015, the following amount to be used for the purposes
3 33 designated:
3 34 For the public purpose of providing a grant on behalf of
3 35 substance=related disorder treatment providers in accordance
4 1 with this section:
4 2 .................................................. $ 2,800,000
4 3 The appropriation made in this section shall be distributed
4 4 as a grant to an association representing the majority of
4 5 the nonprofit substance=related disorder treatment providers
4 6 licensed under section 125.13 by the department as of January
4 7 1, 2015, that receive federal prevention and treatment of
4 8 substance abuse block grant funding through the department.
4 9 The grant shall be used for bulk purchasing and to implement an
4 10 electronic health record system in the providers that receive
4 11 that federal grant. The electronic health record system
4 12 implemented with the grant shall comply with the electronic
4 13 health information provisions implemented pursuant to section
4 14 135.156 and with the mental health and disabilities services
4 15 system central data repository implemented pursuant to section
4 16 225C.6A and other data requirements under chapter 225C. Each
4 17 of the providers shall have the electronic health record system
4 18 fully operational on or before July 1, 2018.
4 19 Notwithstanding section 8.33, moneys appropriated in this
4 20 section that remain unencumbered or unobligated at the close
4 21 of the fiscal year for which appropriated shall not revert
4 22 but shall remain available for expenditure for the purposes
4 23 designated until the close of the succeeding fiscal year.
4 24 Sec. 8. HEART ATTACK TREATMENT ==== APPROPRIATION. There
4 25 is appropriated from the general fund of the state to the
4 26 department of public health for the fiscal year beginning July
4 27 1, 2014, and ending June 30, 2015, the following amount, or
4 28 so much thereof as is necessary, to be used for the purposes
4 29 designated:
4 30 For a collaborative effort between the department of public
4 31 health, the Iowa emergency medical services association, the
4 32 American heart association, midwest affiliate, Iowa's health
4 33 systems and hospitals, and emergency medical service providers,
4 34 to supplement funding received through a grant from the Leona
4 35 M. and Harry B. Helmsley charitable trust for a program to
5 1 enhance systems of care, save lives, and improve outcomes
5 2 for heart attack patients in rural Iowa called the mission:
5 3 lifeline program:
5 4 .................................................. $ 1,500,000
5 5 Moneys appropriated under this section shall be used
5 6 to enhance the critical elements of an optimal ST=elevated
5 7 myocardial infarction (STEMI) system of care including the
5 8 provision of 12=lead electrocardiogram (EKG) machines, the
5 9 provision of a systemwide data tool for quality measurement
5 10 and improvement, ongoing medical provider training and STEMI
5 11 education, coordination of protocols for rural emergency
5 12 management systems and hospital personnel, the implementation
5 13 of regional plans for rapid transport and transfer of patients,
5 14 the implementation of a public education campaign on heart
5 15 attack signs and symptoms and the need to activate the 911
5 16 system, and the provision of assistance to hospitals and
5 17 emergency medical services providers in acquiring essential
5 18 electrocardiogram equipment and training.
5 19 Notwithstanding section 8.33, moneys appropriated in this
5 20 section that remain unencumbered or unobligated at the close
5 21 of the fiscal year for which appropriated shall not revert
5 22 but shall remain available for expenditure for the purposes
5 23 designated until the close of the fiscal year that begins July
5 24 1, 2017.
5 25 Sec. 9. DEBT COLLECTIONS. The judicial branch shall
5 26 evaluate and study current practice for the collection of court
5 27 debt. By January 1, 2016, the judicial branch shall file a
5 28 report with the general assembly regarding the findings of the
5 29 study. The report shall include any recommended changes that
5 30 would increase the efficiency of collection of court debt.
5 31 Sec. 10. IOWA NEW JOBS TRAINING AGREEMENTS. An Iowa
5 32 community college that entered into a new jobs training
5 33 agreement pursuant to chapter 260E, which was effective
5 34 in April 2012, with an Iowa employer may enter into a new
5 35 agreement with such employer pursuant to chapter 260E,
6 1 which will be effective September 2015, and may use the base
6 2 employment determined in April 2012 as the base employment
6 3 for determining the new jobs eligible under the new agreement
6 4 if the base employment determined in April 2012 was 2,125
6 5 employees. The new agreement under chapter 260E shall
6 6 be limited to seven years from the effective date of the
6 7 agreement.
6 8 Sec. 11. Section 8D.4, Code 2015, is amended to read as
6 9 follows:
6 10 8D.4 Executive director appointed.
6 11 The commission, in consultation with the director of
6 12 the department of administrative services and the chief
6 13 information officer, shall appoint an executive director of
6 14 the commission, subject to confirmation by the senate. Such
6 15 individual shall not serve as a member of the commission.
6 16 The executive director shall serve at the pleasure of the
6 17 commission. The executive director shall be selected primarily
6 18 for administrative ability and knowledge in the field, without
6 19 regard to political affiliation. The governor shall establish
6 20 the salary of the executive director within the applicable
6 21 salary range nine as established by the general assembly. The
6 22 salary and support of the executive director shall be paid from
6 23 funds deposited in the Iowa communications network fund.
6 24 Sec. 12. Section 43.45, subsection 3, as enacted by 2015
6 25 Iowa Acts, Senate File 415, section 1, is amended to read as
6 26 follows:
6 27 3. Notwithstanding any requirement to the contrary in
6 28 subsection 1 and subsection 2, paragraph "c", the commissioner
6 29 of a county using digital ballot counting technology may direct
6 30 the precinct election officials to tally and record write=in
6 31 votes at the precincts after the closing of the polls or may
6 32 direct the precinct election officials to sort the ballots by
6 33 print the write=in report containing digital images of write=in
6 34 votes for delivery to the special precinct board to tally and
6 35 record the write=in votes on any day following election day and
7 1 prior to the canvass by the board of supervisors under section
7 2 43.49. For the purposes of this subsection "digital ballot
7 3 counting technology" is technology in which digital images of
7 4 write=in votes are printed by the precinct election officials
7 5 at the polling place after the close of voting.
7 6 Sec. 13. NEW SECTION. 91A.5B Treatment of adoptive parent
7 7 employees.
7 8 1. For purposes of this section, "adoption" means the
7 9 permanent placement in this state of a child by the department
7 10 of human services, by a licensed agency under chapter 238, by
7 11 an agency that meets the provisions of the interstate compact
7 12 in section 232.158, or by a person making an independent
7 13 placement according to the provisions of chapter 600.
7 14 2. An employer shall treat an employee who chooses to
7 15 adopt in the same manner as an employee who is the biological
7 16 parent of a newborn child for purposes of employment policies,
7 17 benefits, and protections for the first year of the adoption.
7 18 Sec. 14. Section 97A.6, subsection 11, Code 2015, is amended
7 19 by striking the subsection.
7 20 Sec. 15. Section 123.132, subsection 3, as enacted by 2015
7 21 Iowa Acts, Senate File 456, section 1, is amended to read as
7 22 follows:
7 23 3. A container of beer other than the original container
7 24 that is sold and sealed in compliance with the requirements of
7 25 subsection 2 and the division's rules shall not be deemed an
7 26 open container subject to the requirements of sections 321.284
7 27 and 321.284A if the sealed container is unopened and the seal
7 28 has not been tampered with, and the contents of the container
7 29 have not been partially removed.
7 30 Sec. 16. Section 136C.3, subsection 10, Code 2015, is
7 31 amended to read as follows:
7 32 10. a. Adopt rules specifying the minimum training and
7 33 performance standards for an individual using a radiation
7 34 machine for mammography, and other rules necessary to
7 35 implement section 136C.15. The rules shall complement federal
8 1 requirements applicable to similar radiation machinery and
8 2 shall not be less stringent than those federal requirements.
8 3 b. (1) Adopt rules to require that, by January 1, 2016,
8 4 a facility at which mammography services are performed shall
8 5 include information on breast density in mammogram reports sent
8 6 to patients pursuant to regulations implementing the federal
8 7 Mammography Quality Standards Act of 1992, Pub. L. No. 102=539,
8 8 as amended. If a patient is categorized by an interpreting
8 9 physician at the facility as having heterogeneously dense
8 10 breasts or extremely dense breasts based on standards as
8 11 defined in nationally recognized guidelines or systems for
8 12 breast imaging reporting of mammography screening, including
8 13 the breast imaging reporting and data system of the American
8 14 college of radiology, the report to the patient shall include
8 15 notice that the patient has dense breast tissue, that this may
8 16 make it more difficult to detect cancer on a mammogram, and
8 17 that it may increase the patient's risk of breast cancer. The
8 18 notice may contain the following language:
8 19 State law requires the following notification:
8 20 Your mammogram indicates that you have dense breast tissue.
8 21 Dense breast tissue may make it more difficult to evaluate the
8 22 results of your mammogram and may also be associated with an
8 23 increased risk of breast cancer. You are encouraged to consult
8 24 with your primary health care provider regarding the results of
8 25 your mammogram. Together you can best decide which additional
8 26 screening options may be right for you based on your mammogram
8 27 results, individual risk factors, or physical examination.
8 28 (2) Nothing in this paragraph "b" shall be construed to
8 29 modify the existing liability of a facility where mammography
8 30 services are performed beyond the duty to provide the
8 31 information set forth in this paragraph "b".
8 32 (3) Nothing in this paragraph "b" shall be deemed to require
8 33 a notice or the provision of information that is inconsistent
8 34 with the provisions of the federal Mammography Quality
8 35 Standards Act of 1992, Pub. L. No. 102=539, as amended, or any
9 1 regulations promulgated pursuant to that Act.
9 2 Sec. 17. Section 261.110, subsection 3, Code 2015, is
9 3 amended by adding the following new paragraph:
9 4 NEW PARAGRAPH. c. The applicant met all of the eligibility
9 5 requirements of this section on or after January 1, 2013. A
9 6 person who met the program eligibility requirements of this
9 7 section prior to January 1, 2013, is ineligible for this
9 8 program.
9 9 Sec. 18. Section 418.15, subsection 1, Code 2015, is amended
9 10 to read as follows:
9 11 1. A governmental entity shall not receive remittances of
9 12 sales tax revenue under this chapter after twenty years from
9 13 the date the governmental entity's project was approved by the
9 14 board unless the remittance amount is calculated under section
9 15 418.11 based on sales subject to the tax under section 432.2
9 16 occurring before the expiration of the twenty=year period.
9 17 Sec. 19. Section 505.19, Code 2015, is amended by adding the
9 18 following new subsection:
9 19 NEW SUBSECTION. 4A. Notwithstanding subsection 1, a health
9 20 insurance carrier licensed to do business in this state that
9 21 participates in the health benefits exchange used in this state
9 22 and created pursuant to the federal Patient Protection and
9 23 Affordable Care Act, Pub. L. No. 111=148, as amended by the
9 24 federal Health Care and Education Reconciliation Act of 2010,
9 25 Pub. L. No. 111=152, shall not be subject to the requirements
9 26 of this section for health plans issued by the health insurance
9 27 carrier that are filed and purchased within the exchange or the
9 28 matching health plans issued by the health insurance carrier
9 29 that are purchased outside of the exchange. However, such
9 30 a health insurance carrier shall inform policyholders who
9 31 purchase such health plans of their total premium due and
9 32 any rate increases to their premium for each upcoming policy
9 33 year. Such notice shall be provided thirty days prior to
9 34 the beginning of open enrollment for the health plans and
9 35 shall provide policyholders with information about how the
10 1 policyholder can contact the insurance division to submit a
10 2 comment about a proposed rate increase. A health insurance
10 3 carrier subject to this subsection shall be subject to all
10 4 other applicable state and federal laws.
10 5 Sec. 20. Section 602.1304, subsection 2, paragraph a, Code
10 6 2015, is amended to read as follows:
10 7 a. The enhanced court collections fund is created in the
10 8 state treasury under the authority of the supreme court. The
10 9 fund shall be separate from the general fund of the state and
10 10 the balance in the fund shall not be considered part of the
10 11 balance of the general fund of the state. Notwithstanding
10 12 section 8.33, moneys in the fund shall not revert to the
10 13 general fund, unless and to the extent the total amount
10 14 of moneys deposited into the fund in a fiscal year would
10 15 exceed the maximum annual deposit amount established for
10 16 the collections fund by the general assembly. The initial
10 17 maximum annual deposit amount for a fiscal year is four million
10 18 dollars. Notwithstanding section 12C.7, subsection 2, interest
10 19 or earnings on moneys in the collections fund shall remain in
10 20 the collections fund and any interest and earnings shall be in
10 21 addition to the maximum annual deposit amount. The maximum
10 22 annual deposit amount shall be the following amounts for the
10 23 following fiscal years:
10 24 (1) For the fiscal year beginning July 1, 2015, seven
10 25 million dollars.
10 26 (2) For the fiscal year beginning July 1, 2016, seven
10 27 million dollars.
10 28 (3) For the fiscal year beginning July 1, 2017, seven
10 29 million dollars.
10 30 (4) For the fiscal year beginning July 1, 2018, five million
10 31 dollars.
10 32 (5) For the fiscal year beginning July 1, 2019, and each
10 33 fiscal year thereafter, four million five hundred thousand
10 34 dollars.
10 35 Sec. 21. Section 633.535, Code 2015, is amended by adding
11 1 the following new subsection:
11 2 NEW SUBSECTION. 4. a. A named beneficiary of a bond,
11 3 life insurance policy, or any other contractual arrangement
11 4 convicted of a felony referenced in paragraph "d" that was
11 5 perpetrated against the principal obligee or person upon
11 6 whose life the policy is issued or whose death generates the
11 7 benefits under any other contractual arrangement, in the six
11 8 months immediately prior to the obligee's or person's death, is
11 9 not entitled to any benefit under the bond, policy, or other
11 10 contractual arrangement.
11 11 b. The procedure set out in section 633.536 applies and
11 12 the benefits become payable as though the convicted obligee or
11 13 person had predeceased the decedent.
11 14 c. However, a principal obligee or person upon whose life
11 15 the policy is issued or whose death generates the benefits
11 16 under any other contractual arrangement, in the six months
11 17 immediately prior to the obligee's or person's death, may
11 18 affirm by a signed, notarized affidavit that the beneficiary
11 19 should receive any benefit under the bond, policy, or other
11 20 contractual arrangement despite a felony conviction referenced
11 21 in this subsection.
11 22 d. This subsection applies to a conviction for any of the
11 23 following felonies:
11 24 (1) Any felony contained in chapter 707.
11 25 (2) Any felony contained in chapter 708.
11 26 (3) Any felony contained in chapter 709.
11 27 (4) Any felony contained in chapter 710.
11 28 Sec. 22. Section 708.2A, subsection 1, Code 2015, is amended
11 29 to read as follows:
11 30 1. For the purposes of this chapter, "domestic abuse
11 31 assault" means an assault, as defined in section 708.1, which
11 32 is domestic abuse as defined in section 236.2, subsection 2,
11 33 paragraph "a", "b", "c", or "d", or "e".
11 34 Sec. 23. NEW SECTION. 708.11A Unauthorized placement of
11 35 global positioning device.
12 1 1. A person commits unauthorized placement of a global
12 2 positioning device, when, with intent to intimidate, annoy, or
12 3 alarm another person, the person, without the consent of the
12 4 other person, places a global positioning device on the other
12 5 person or an object in order to track the movements of the
12 6 other person without a legitimate purpose.
12 7 2. A person who commits a violation of this section commits
12 8 a serious misdemeanor.
12 9 Sec. 24. EFFECTIVE UPON ENACTMENT. The following provision
12 10 or provisions of this division of this Act, being deemed of
12 11 immediate importance, take effect upon enactment:
12 12 1. The section of this division of this Act appropriating
12 13 moneys to the department of corrections for the fiscal
12 14 year beginning July 1, 2014, and ending June 30, 2015, for
12 15 operations including training and additional costs associated
12 16 with the new correctional facility located in Fort Madison.
12 17 2. The section of this division of this Act appropriating
12 18 moneys to the department of public health for the fiscal year
12 19 beginning July 1, 2014, and ending June 30, 2015, for purposes
12 20 of providing a grant on behalf of substance=related disorder
12 21 treatment providers.
12 22 3. The section of this division of this Act appropriating
12 23 moneys to the department of public health for the fiscal year
12 24 beginning July 1, 2014, and ending June 30, 2015, for purposes
12 25 of providing a collaborative effort between certain entities
12 26 for heart attack patients.
12 27 DIVISION III
12 28 SALARIES, COMPENSATION, AND RELATED MATTERS
12 29 Sec. 25. SPECIAL FUNDS. For the fiscal year beginning
12 30 July 1, 2015, and ending June 30, 2016, and for the fiscal
12 31 year beginning July 1, 2016, and ending June 30, 2017, salary
12 32 adjustments may be funded using departmental revolving, trust,
12 33 or special funds for which the general assembly has established
12 34 an operating budget, provided doing so does not exceed the
12 35 operating budget established by the general assembly.
13 1 Sec. 26. SALARY MODEL ADMINISTRATOR. The salary model
13 2 administrator shall work in conjunction with the legislative
13 3 services agency to maintain the state's salary model used for
13 4 analyzing, comparing, and projecting state employee salary
13 5 and benefit information, including information relating to
13 6 employees of the state board of regents. The department of
13 7 revenue, the department of administrative services, the five
13 8 institutions under the jurisdiction of the state board of
13 9 regents, the judicial district departments of correctional
13 10 services, and the state department of transportation shall
13 11 provide salary data to the department of management and the
13 12 legislative services agency to operate the state's salary
13 13 model. The format and frequency of provision of the salary
13 14 data shall be determined by the department of management and
13 15 the legislative services agency. The information shall be
13 16 used in collective bargaining processes under chapter 20 and
13 17 in calculating the funding needs contained within the annual
13 18 salary adjustment legislation. A state employee organization
13 19 as defined in section 20.3, subsection 4, may request
13 20 information produced by the model, but the information provided
13 21 shall not contain information attributable to individual
13 22 employees.
13 23 DIVISION IV
13 24 CORRECTIVE PROVISIONS
13 25 Sec. 27. Section 123.122, Code 2015, as amended by 2015
13 26 Iowa Acts, House File 536, section 48, is amended to read as
13 27 follows:
13 28 123.122 Permit or license required.
13 29 A person shall not manufacture for sale or sell beer at
13 30 wholesale or retail unless a permit is first obtained as
13 31 provided in this subchapter or, a liquor control license
13 32 authorizing the retail sale of beer is first obtained as
13 33 provided in division subchapter I of this chapter. A liquor
13 34 control license holder is not required to hold a separate class
13 35 "B" beer permit.
14 1 Sec. 28. Section 227.10, Code 2015, as amended by 2015
14 2 Iowa Acts, Senate File 463, section 53, is amended to read as
14 3 follows:
14 4 227.10 Transfers from county or private institutions.
14 5 Patients who have been admitted at public expense to
14 6 any institution to which this chapter is applicable may be
14 7 involuntarily transferred to the proper state hospital for
14 8 persons with mental illness in the manner prescribed by
14 9 sections 229.6 to 229.13. The application required by section
14 10 229.6 may be filed by the administrator of the division or
14 11 the administrator's designee, or by the administrator of the
14 12 institution where the patient is then being maintained or
14 13 treated. If the patient was admitted to that institution
14 14 involuntarily, the administrator of the division may arrange
14 15 and complete the transfer, and shall report it as required of a
14 16 chief medical officer under section 229.15, subsection 5. The
14 17 transfer shall be made at the mental health and disabilities
14 18 disability services region's expense, and the expense
14 19 recovered, as provided in section 227.7. However, transfer
14 20 under this section of a patient whose expenses are payable
14 21 in whole or in part by a the mental health and disabilities
14 22 disability services region is subject to an authorization
14 23 for the transfer through the regional administrator for the
14 24 patient's county of residence.
14 25 Sec. 29. Section 227.14, Code 2015, as amended by 2015
14 26 Iowa Acts, Senate File 463, section 56, is amended to read as
14 27 follows:
14 28 227.14 Caring for persons with mental illness from other
14 29 counties.
14 30 The regional administrator for a county that does not have
14 31 proper facilities for caring for persons with mental illness
14 32 may, with the consent of the administrator of the division,
14 33 provide for such care at the expense of the mental health and
14 34 disabilities disability services region in any convenient and
14 35 proper county or private institution for persons with mental
15 1 illness which is willing to receive the persons.
15 2 Sec. 30. Section 229.1B, Code 2015, as amended by 2015
15 3 Iowa Acts, Senate File 463, section 59, is amended to read as
15 4 follows:
15 5 229.1B Regional administrator.
15 6 Notwithstanding any provision of this chapter to the
15 7 contrary, any person whose hospitalization expenses
15 8 are payable in whole or in part by a mental health and
15 9 disabilities disability services region shall be subject to all
15 10 administrative requirements of the regional administrator for
15 11 the county.
15 12 Sec. 31. Section 229.2, subsection 1, paragraph b,
15 13 subparagraph (3), Code 2015, as amended by 2015 Iowa Acts,
15 14 Senate File 463, section 60, is amended to read as follows:
15 15 (3) As soon as is practicable after the filing of a
15 16 petition for juvenile court approval of the admission of the
15 17 minor, the juvenile court shall determine whether the minor
15 18 has an attorney to represent the minor in the hospitalization
15 19 proceeding, and if not, the court shall assign to the minor
15 20 an attorney. If the minor is financially unable to pay for
15 21 an attorney, the attorney shall be compensated by the mental
15 22 health and disabilities disability services region at an hourly
15 23 rate to be established by the regional administrator for the
15 24 county in which the proceeding is held in substantially the
15 25 same manner as provided in section 815.7.
15 26 Sec. 32. Section 229.8, subsection 1, Code 2015, as amended
15 27 by 2015 Iowa Acts, Senate File 463, section 61, is amended to
15 28 read as follows:
15 29 1. Determine whether the respondent has an attorney
15 30 who is able and willing to represent the respondent in the
15 31 hospitalization proceeding, and if not, whether the respondent
15 32 is financially able to employ an attorney and capable of
15 33 meaningfully assisting in selecting one. In accordance with
15 34 those determinations, the court shall if necessary allow the
15 35 respondent to select, or shall assign to the respondent, an
16 1 attorney. If the respondent is financially unable to pay an
16 2 attorney, the attorney shall be compensated by the mental
16 3 health and disabilities disability services region at an hourly
16 4 rate to be established by the regional administrator for the
16 5 county in which the proceeding is held in substantially the
16 6 same manner as provided in section 815.7.
16 7 Sec. 33. Section 229.10, subsection 1, paragraph a, Code
16 8 2015, as amended by 2015 Iowa Acts, Senate File 463, section
16 9 62, is amended to read as follows:
16 10 a. An examination of the respondent shall be conducted by
16 11 one or more licensed physicians, as required by the court's
16 12 order, within a reasonable time. If the respondent is detained
16 13 pursuant to section 229.11, subsection 1, paragraph "b",
16 14 the examination shall be conducted within twenty=four hours.
16 15 If the respondent is detained pursuant to section 229.11,
16 16 subsection 1, paragraph "a" or "c", the examination shall
16 17 be conducted within forty=eight hours. If the respondent
16 18 so desires, the respondent shall be entitled to a separate
16 19 examination by a licensed physician of the respondent's own
16 20 choice. The reasonable cost of the examinations shall, if the
16 21 respondent lacks sufficient funds to pay the cost, be paid by
16 22 the regional administrator from mental health and disabilities
16 23 disability services region funds upon order of the court.
16 24 Sec. 34. Section 229.11, subsection 1, unnumbered paragraph
16 25 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463,
16 26 section 63, is amended to read as follows:
16 27 If the applicant requests that the respondent be taken into
16 28 immediate custody and the judge, upon reviewing the application
16 29 and accompanying documentation, finds probable cause to believe
16 30 that the respondent has a serious mental impairment and is
16 31 likely to injure the respondent or other persons if allowed
16 32 to remain at liberty, the judge may enter a written order
16 33 directing that the respondent be taken into immediate custody
16 34 by the sheriff or the sheriff's deputy and be detained until
16 35 the hospitalization hearing. The hospitalization hearing shall
17 1 be held no more than five days after the date of the order,
17 2 except that if the fifth day after the date of the order is
17 3 a Saturday, Sunday, or a holiday, the hearing may be held
17 4 on the next succeeding business day. If the expenses of a
17 5 respondent are payable in whole or in part by a mental health
17 6 and disabilities disability services region, for a placement in
17 7 accordance with paragraph "a", the judge shall give notice of
17 8 the placement to the regional administrator for the county in
17 9 which the court is located, and for a placement in accordance
17 10 with paragraph "b" or "c", the judge shall order the placement
17 11 in a hospital or facility designated through the regional
17 12 administrator. The judge may order the respondent detained for
17 13 the period of time until the hearing is held, and no longer,
17 14 in accordance with paragraph "a", if possible, and if not then
17 15 in accordance with paragraph "b", or, only if neither of these
17 16 alternatives is available, in accordance with paragraph "c".
17 17 Detention may be:
17 18 Sec. 35. Section 229.13, subsection 1, paragraph a, Code
17 19 2015, as amended by 2015 Iowa Acts, Senate File 463, section
17 20 64, is amended to read as follows:
17 21 a. The court shall order a respondent whose expenses
17 22 are payable in whole or in part by a mental health and
17 23 disabilities disability services region placed under the care
17 24 of an appropriate hospital or facility designated through the
17 25 county's regional administrator on an inpatient or outpatient
17 26 basis.
17 27 Sec. 36. Section 229.14, subsection 2, paragraph a, Code
17 28 2015, as amended by 2015 Iowa Acts, Senate File 463, section
17 29 65, is amended to read as follows:
17 30 a. For a respondent whose expenses are payable in whole
17 31 or in part by a mental health and disabilities disability
17 32 services region, placement as designated through the county's
17 33 regional administrator in the care of an appropriate hospital
17 34 or facility on an inpatient or outpatient basis, or other
17 35 appropriate treatment, or in an appropriate alternative
18 1 placement.
18 2 Sec. 37. Section 229.14A, subsection 7, Code 2015, as
18 3 amended by 2015 Iowa Acts, Senate File 463, section 66, is
18 4 amended to read as follows:
18 5 7. If a respondent's expenses are payable in whole or in
18 6 part by a mental health and disabilities disability services
18 7 region through the county's regional administrator, notice of
18 8 a placement hearing shall be provided to the county attorney
18 9 and the regional administrator. At the hearing, the county may
18 10 present evidence regarding appropriate placement.
18 11 Sec. 38. Section 229.42, subsection 1, Code 2015, as amended
18 12 by 2015 Iowa Acts, Senate File 463, section 68, is amended to
18 13 read as follows:
18 14 1. If a person wishing to make application for voluntary
18 15 admission to a mental hospital established by chapter 226 is
18 16 unable to pay the costs of hospitalization or those responsible
18 17 for the person are unable to pay the costs, application for
18 18 authorization of voluntary admission must be made through a
18 19 regional administrator before application for admission is
18 20 made to the hospital. The person's county of residence shall
18 21 be determined through the regional administrator and if the
18 22 admission is approved through the regional administrator,
18 23 the person's admission to a mental health hospital shall be
18 24 authorized as a voluntary case. The authorization shall be
18 25 issued on forms provided by the department of human services'
18 26 administrator. The costs of the hospitalization shall be paid
18 27 by the county of residence through the regional administrator
18 28 to the department of human services and credited to the general
18 29 fund of the state, provided that the mental health hospital
18 30 rendering the services has certified to the county auditor
18 31 of the county of residence and the regional administrator
18 32 the amount chargeable to the mental health and disabilities
18 33 disability services region and has sent a duplicate statement
18 34 of the charges to the department of human services. A mental
18 35 health and disabilities disability services region shall not be
19 1 billed for the cost of a patient unless the patient's admission
19 2 is authorized through the regional administrator. The mental
19 3 health institute and the regional administrator shall work
19 4 together to locate appropriate alternative placements and
19 5 services, and to educate patients and family members of
19 6 patients regarding such alternatives.
19 7 Sec. 39. Section 230.1, subsection 3, Code 2015, as amended
19 8 by 2015 Iowa Acts, Senate File 463, section 69, is amended to
19 9 read as follows:
19 10 3. A mental health and disabilities disability services
19 11 region or county of residence is not liable for costs and
19 12 expenses associated with a person with mental illness unless
19 13 the costs and expenses are for services and other support
19 14 authorized for the person through the county's regional
19 15 administrator. For the purposes of this chapter, "regional
19 16 administrator" means the same as defined in section 331.388.
19 17 Sec. 40. Section 230.20, subsection 2, paragraph b, Code
19 18 2015, as amended by 2015 Iowa Acts, Senate File 463, section
19 19 71, is amended to read as follows:
19 20 b. The per diem costs billed to each mental health and
19 21 disabilities disability services region shall not exceed
19 22 the per diem costs billed to the county in the fiscal year
19 23 beginning July 1, 1996. However, the per diem costs billed to
19 24 a mental health and disabilities disability services region
19 25 may be adjusted annually to reflect increased costs, to the
19 26 extent of the percentage increase in the statewide per capita
19 27 expenditure target amount, if any per capita growth amount
19 28 is authorized by the general assembly for the fiscal year in
19 29 accordance with section 426B.3.
19 30 Sec. 41. Section 279.10, subsection 1, Code 2015, as amended
19 31 by 2015 Iowa Acts, Senate File 227, section 2, is amended to
19 32 read as follows:
19 33 1. The school year for each school district and accredited
19 34 nonpublic school shall begin on July 1 and the school calendar
19 35 shall begin no sooner than August 23 and no later than the
20 1 first Monday in December. The school calendar shall include
20 2 not less than one hundred eighty days, except as provided in
20 3 subsection 3, or one thousand eighty hours of instruction
20 4 during the calendar year. The board of directors of a school
20 5 district and the authorities in charge of an accredited
20 6 nonpublic school shall determine the school start date for
20 7 the school calendar in accordance with this subsection and
20 8 shall set the number of days or hours of required attendance
20 9 for the school year as provided in section 299.1, subsection
20 10 2, but the board of directors of a school district shall
20 11 hold a public hearing on any proposed school calendar prior
20 12 to adopting the school calendar. If the board of directors
20 13 of a district or the authorities in charge of an accredited
20 14 nonpublic school extends the school calendar because inclement
20 15 weather caused the school district or accredited nonpublic
20 16 school to temporarily close during the regular school calendar,
20 17 the school district or accredited nonpublic school may excuse a
20 18 graduating senior who has met district or school requirements
20 19 for graduation from attendance during the extended school
20 20 calendar. A school corporation may begin employment of
20 21 personnel for in=service training and development purposes
20 22 before the date to begin elementary and secondary school.
20 23 Sec. 42. Section 426B.5, subsection 2, paragraph c, Code
20 24 2015, as amended by 2015 Iowa Acts, Senate File 463, section
20 25 78, is amended to read as follows:
20 26 c. A risk pool board is created. The board shall consist of
20 27 two county supervisors, two county auditors, a member of the
20 28 mental health and disability services commission who is not a
20 29 member of a county board of supervisors, a member of the county
20 30 finance committee created in chapter 333A who is not an elected
20 31 official, a representative of a provider of mental health or
20 32 developmental disabilities services selected from nominees
20 33 submitted by the Iowa association of community providers, and
20 34 two staff members of regional administrators of county mental
20 35 health and disability services regions, all appointed by the
21 1 governor, and one member appointed by the director of human
21 2 services. All members appointed by the governor shall be
21 3 subject to confirmation by the senate. Members shall serve for
21 4 three=year terms. A vacancy shall be filled in the same manner
21 5 as the original appointment. Expenses and other costs of the
21 6 risk pool board members representing counties shall be paid by
21 7 the county of origin. Expenses and other costs of risk pool
21 8 board members who do not represent counties shall be paid from
21 9 a source determined by the governor. Staff assistance to the
21 10 board shall be provided by the department of human services and
21 11 counties. Actuarial expenses and other direct administrative
21 12 costs shall be charged to the pool.
21 13 Sec. 43. Section 459A.302, subsection 1, paragraph a,
21 14 unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa
21 15 Acts, House File 583, section 33, if enacted, is amended to
21 16 read as follows:
21 17 Prior to constructing a settled open feedlot effluent basin
21 18 or an animal truck wash effluent structure, the site for the
21 19 basin or structure shall be investigated for a drainage tile
21 20 line by the owner of the open feedlot operation or animal truck
21 21 wash facility. The investigation shall be made by digging a
21 22 core trench to a depth of at least six feet deep from ground
21 23 level at the projected center of the berm of the basin or
21 24 structure. If a drainage tile line is discovered, one of the
21 25 following solutions shall be implemented:
21 26 Sec. 44. Section 459A.302, subsection 2, paragraph a, Code
21 27 2015, as amended by 2015 Iowa Acts, House File 583, section 34,
21 28 if enacted, is amended to read as follows:
21 29 a. The settled open feedlot effluent basin or an animal
21 30 truck wash effluent structure shall be constructed with a
21 31 minimum separation of two feet between the top of the liner of
21 32 the basin or structure and the seasonal high=water table.
21 33 Sec. 45. Section 459A.404, subsection 3, paragraphs b and c,
21 34 if enacted by 2015 Iowa Acts, House File 583, section 41, are
21 35 amended to read as follows:
22 1 b. For purposes of section 459.310, subsection 4, the
22 2 provisions relating to an unformed manure storage structure
22 3 shall apply to an unformed animal truck wash effluent structure
22 4 and the provisions relating to a formed manure storage
22 5 structure shall apply to a formed animal truck wash effluent
22 6 structure. However, the
22 7 c. Notwithstanding section 459.310, subsection 4, a
22 8 requirement in section 459.310, subsection 4, paragraph "a",
22 9 relating to animal weight capacity or animal unit capacity
22 10 shall not apply to the replacement of an unformed animal
22 11 truck wash effluent structure with a formed animal truck wash
22 12 effluent structure. In addition, the capacity of a replacement
22 13 animal truck wash effluent structure shall not exceed the
22 14 amount required to store animal truck wash effluent for any
22 15 eighteen=month period.
22 16 Sec. 46. Section 459A.411, Code 2015, as amended by 2015
22 17 Iowa Acts, House File 583, section 43, if enacted, is amended
22 18 to read as follows:
22 19 459A.411 Discontinuance of operations.
22 20 The owner of an open feedlot operation or animal truck
22 21 wash facility who discontinues its operation shall remove all
22 22 effluent from related open feedlot operation structures or
22 23 animal truck wash effluent structures used to store effluent,
22 24 as soon as practical but not later than six months following
22 25 the date the operations of the open feedlot operation or animal
22 26 truck wash facility is are discontinued.
22 27 Sec. 47. Section 476.53, subsection 3, paragraph a,
22 28 subparagraph (1), Code 2015, as amended by 2015 Iowa Acts,
22 29 House File 535, section 61, is amended to read as follows:
22 30 (1) (a) Files an application pursuant to section 476A.3 to
22 31 construct in Iowa a baseload electric power generating facility
22 32 with a nameplate generating capacity equal to or greater
22 33 than three hundred megawatts or a combined=cycle electric
22 34 power generating facility, or an alternate energy production
22 35 facility as defined in section 476.42, or to significantly
23 1 alter an existing generating facility. For purposes of
23 2 this subparagraph, a significant alteration of an existing
23 3 generating facility must, in order to qualify for establishment
23 4 of ratemaking principles, fall into one of the following
23 5 categories:
23 6 (i) Conversion of a coal fueled facility into a gas fueled
23 7 facility.
23 8 (ii) Addition of carbon capture and storage facilities at
23 9 a coal fueled facility.
23 10 (iii) Addition of gas fueled capability to a coal fueled
23 11 facility, in order to convert the facility to one that will
23 12 rely primarily on gas for future generation.
23 13 (iv) Addition of a biomass fueled capability to a coal
23 14 fueled facility.
23 15 (b) With respect to a significant alteration of an existing
23 16 generating facility, an original facility shall not be required
23 17 to be either a baseload or a combined=cycle facility. Only
23 18 the incremental investment undertaken by a utility under
23 19 subparagraph division (a), subparagraph subdivision (i), (ii),
23 20 (iii), or (iv) shall be eligible to apply the ratemaking
23 21 principles established by the order issued pursuant to
23 22 paragraph "e". Facilities for which advanced ratemaking
23 23 principles are obtained pursuant to this section shall not
23 24 be subject to a subsequent board review pursuant to section
23 25 476.6, subsection 20, to the extent that the investment has
23 26 been considered by the board under this section. To the
23 27 extent an eligible utility has been authorized to make capital
23 28 investments subject to section 476.6, subsection 20, such
23 29 investments shall not be eligible for ratemaking principles
23 30 pursuant to this section.
23 31 Sec. 48. Section 602.3205, subsection 3, paragraph b, if
23 32 enacted by 2015 Iowa Acts, Senate File 404, section 5, is
23 33 amended to read as follows:
23 34 b. The audio recordings provided in to the board pursuant to
23 35 this subsection shall be kept confidential by the board in a
24 1 manner as provided in section 272C.6, subsection 4.
24 2 Sec. 49. Section 602.11113, Code 2015, as amended by 2015
24 3 Iowa Acts, House File 536, section 177, is amended to read as
24 4 follows:
24 5 602.11113 Bailiffs employed as court attendants.
24 6 Persons who were employed as bailiffs and who were
24 7 performing services for the court, other than law enforcement
24 8 services, immediately prior to July 1, 1983, shall be employed
24 9 by the district court administrators as court attendants under
24 10 section 602.6601 on July 1, 1983.
24 11 Sec. 50. Section 714.23, subsection 4A, paragraph a, if
24 12 enacted by 2015 Iowa Acts, Senate File 501, section 2, or 2015
24 13 Iowa Acts, House File 663, section 2, is amended to read as
24 14 follows:
24 15 a. A student who does not receive a tuition refund up
24 16 to the full refund of tuition charges due to the effect of
24 17 an interstate reciprocity agreement under section 261G.4,
24 18 subsection 1, may apply to the attorney general for a refund
24 19 in a sum that represents the difference between any tuition
24 20 refund received from the school and the full refund of tuition
24 21 charges. For purposes of this subsection, "full refund of
24 22 tuition charges" means the monetary sum of the refund for which
24 23 the student would be eligible pursuant to the application of
24 24 this section.
24 25 Sec. 51. Section 902.1, subsection 2, paragraph a,
24 26 unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate
24 27 File 448, section 1, is amended to read as follows:
24 28 Notwithstanding subsection 1, a defendant convicted of
24 29 murder in the first degree in violation of section 707.2, and
24 30 who was under the age of eighteen at the time the offense was
24 31 committed shall receive one of the following sentences:
24 32 Sec. 52. Section 916.1, subsection 1, as enacted by 2015
24 33 Iowa Acts, House File 496, section 1, is amended to read as
24 34 follows:
24 35 1. "Confidential communication" means confidential
25 1 information shared between a victim and a military victim
25 2 advocate within the advocacy relationship, and includes all
25 3 information received by the advocate and any advice, report,
25 4 or working paper given to or prepared by the advocate in
25 5 the course of the advocacy relationship with the victim.
25 6 "Confidential information" is confidential information which, so
25 7 far as the victim is aware, is not disclosed to a third party
25 8 with the exception of a person present in the consultation for
25 9 the purpose of furthering the interest of the victim, a person
25 10 to whom disclosure is reasonably necessary for the transmission
25 11 of the information, or a person with whom disclosure is
25 12 necessary for accomplishment of the purpose for which the
25 13 advocate is consulted by the victim.
25 14 Sec. 53. APPLICABILITY. The section of this division
25 15 of this Act amending section 279.10, subsection 1, applies
25 16 retroactively to April 10, 2015.
25 17 Sec. 54. APPLICABILITY. The section of this division of
25 18 this Act amending section 902.1, subsection 2, paragraph "a",
25 19 unnumbered paragraph 1, applies retroactively to the effective
25 20 date of 2015 Iowa Acts, Senate File 448.
25 21 DIVISION V
25 22 REIMBURSEMENT OF DEFENSE COSTS
25 23 Sec. 55. NEW SECTION. 80F.2 Reimbursement of defense costs.
25 24 1. If a peace officer, as defined in section 801.4, or a
25 25 corrections officer is charged with the alleged commission
25 26 of a public offense, based on acts or omissions within the
25 27 scope of the officer's lawful duty or authority, and the charge
25 28 is dismissed or the officer is acquitted of the charge, the
25 29 presiding magistrate or judge shall enter judgment awarding
25 30 reimbursement to the officer for any costs incurred in
25 31 defending against the charge, including but not limited to a
25 32 reasonable attorney fee, if the court finds the existence of
25 33 any of the following grounds:
25 34 a. The charge was without probable cause.
25 35 b. The charge was filed for malicious purposes.
26 1 c. The charge was unwarranted in consideration of all of the
26 2 circumstances and matters of law attending the alleged offense.
26 3 2. The officer may apply for review of a failure or refusal
26 4 to rule or an adverse ruling as to the existence of any of the
26 5 above grounds. The application shall be to a district judge
26 6 if the officer is seeking review of the act of a magistrate
26 7 or district associate judge and the application shall be to a
26 8 different district judge if review is sought of an act of a
26 9 district judge.
26 10 Sec. 56. REPEAL. Section 80.37, Code 2015, is repealed.
26 11 DIVISION VI
26 12 RENEWABLE FUELS INFRASTRUCTURE PROGRAM
26 13 Sec. 57. Section 159A.14, subsection 1, paragraph a,
26 14 subparagraph (1), Code 2015, is amended to read as follows:
26 15 (1) Ethanol infrastructure shall be designed and used
26 16 exclusively to do any of the following:
26 17 (a) Store and dispense E=15 gasoline. At least for the
26 18 period beginning on September 16 and ending on May 31 of each
26 19 year, the ethanol infrastructure must be used to store and
26 20 dispense E=15 gasoline as a registered fuel recognized by the
26 21 United States environmental protection agency.
26 22 (a) (b) Store and dispense E=85 gasoline.
26 23 (b) (c) Store, blend, and dispense motor fuel from a motor
26 24 fuel blender pump, as required in this subparagraph division.
26 25 The ethanol infrastructure must provide be used for the storage
26 26 of ethanol or ethanol blended gasoline, or for blending ethanol
26 27 with gasoline. The ethanol infrastructure must at least
26 28 include a motor fuel blender pump which dispenses different
26 29 classifications of ethanol blended gasoline and allows E=85
26 30 gasoline to be dispensed at all times that the blender pump is
26 31 operating.
26 32 DIVISION VII
26 33 STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM
26 34 Sec. 58. 2015 STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM.
26 35 1. Definitions. As used in this section, unless the context
27 1 provides otherwise:
27 2 a. "Eligible employee" means an employee or qualified
27 3 employee who has filed a completed application for benefits
27 4 with the Iowa public employees' retirement system created in
27 5 chapter 97B in which the employee's or qualified employee's
27 6 intended first month of entitlement, as defined in section
27 7 97B.1A, is no later than September 2015.
27 8 b. (1) "Employee" means any of the following:
27 9 (a) An employee, as defined by section 97B.1A, who is
27 10 employed within the executive branch of this state.
27 11 (b) An individual who was employed at the mental health
27 12 institute at Clarinda, Iowa, or at the mental health institute
27 13 at Mount Pleasant, Iowa, as of April 1, 2015, whose employment
27 14 was terminated at either mental health institute after April
27 15 1, 2015.
27 16 (2) "Employee" does not mean a qualified employee, an
27 17 elected official, or an employee eligible for the sick leave
27 18 conversion program as described in section 70A.23, subsection
27 19 4.
27 20 c. "Employer" means a department, agency, board, or
27 21 commission of the state that employs individuals.
27 22 d. "Health insurance contribution benefit" means the amount
27 23 representing the monthly contribution cost of an affordable
27 24 group health care plan offered by the state, as determined by
27 25 the department of administrative services, providing coverage
27 26 to the participant and, if applicable, the participant's spouse
27 27 for the applicable period of coverage.
27 28 e. "Participant" means a person who timely submits an
27 29 election to participate, is accepted to participate, and does
27 30 participate, in the state employee retirement incentive program
27 31 established under this section.
27 32 f. "Program" means the state employee retirement incentive
27 33 program established under this section.
27 34 g. "Qualified employee" means an employee of a judicial
27 35 district department of correctional services, an employee in
28 1 the office of a statewide elected official, or an employee of
28 2 the state board of regents if the board elects to participate
28 3 in the program.
28 4 h. "Years of service incentive benefit" means an amount
28 5 equal to the entire value of an eligible employee's accumulated
28 6 but unused vacation plus, for eligible employees with at least
28 7 ten years of state employment service, one thousand dollars
28 8 for each year of state employment service up to a maximum of
28 9 twenty=five years of state employment service. For purposes of
28 10 this paragraph, "state employment service" means service, as
28 11 defined in section 97B.1A, for which the employer is the state.
28 12 2. Program eligibility. To become a participant in the
28 13 program, an eligible employee shall do all of the following:
28 14 a. Submit by July 31, 2015, a written application, on
28 15 forms prescribed by the department of administrative services,
28 16 seeking participation in the program.
28 17 b. Acknowledge in writing the eligible employee's
28 18 agreement to voluntarily terminate employment in exchange
28 19 for participation in the state employee retirement incentive
28 20 program as provided in this section.
28 21 c. Agree to waive all rights to file suit against the state
28 22 of Iowa, including all of its departments, agencies, and other
28 23 subdivisions, based on state or federal claims arising out of
28 24 the employment relationship.
28 25 d. Acknowledge, in writing, that participation in the
28 26 program waives any right to accept any employment with the
28 27 state other than as an elected official on or after the date
28 28 the eligible employee separates from employment.
28 29 e. Agree to separate from employment with the state no later
28 30 than August 27, 2015.
28 31 3. Participant acceptance. An eligible employee shall be
28 32 accepted into the program if the department of administrative
28 33 services determines that the eligible employee meets the
28 34 requirements to be eligible to participate in the program.
28 35 4. Program benefits. Upon acceptance to participate in the
29 1 program and separation from employment with the state no later
29 2 than August 27, 2015, a participant shall receive the following
29 3 benefits:
29 4 a. During November 2015, and each November thereafter for a
29 5 total of five years, the state shall pay to the participant,
29 6 or the participant's beneficiary, an amount equal to twenty
29 7 percent of the years of service incentive benefit for that
29 8 participant. Receipt of a years of service incentive benefit
29 9 pursuant to this section by a participant shall be in lieu
29 10 of receiving a payment for the participant's accumulated but
29 11 unused vacation upon termination of employment.
29 12 b. For the period of time commencing with the first month
29 13 in which a participant is ineligible for or exhausts the
29 14 participant's available remaining value of sick leave used
29 15 to pay the state share for the participant's continuation of
29 16 state group health insurance coverage as provided in section
29 17 70A.23, subsection 3, and ending five years from the date
29 18 the participant separates from employment with the state as
29 19 provided in this section, the participant, or the participant's
29 20 surviving spouse, shall be entitled to receive a health
29 21 insurance contribution benefit to be used by the participant
29 22 or the participant's beneficiary to pay the cost for eligible
29 23 state group health insurance. The department of administrative
29 24 services shall determine what health insurance plans constitute
29 25 eligible state group health insurance for purposes of this
29 26 paragraph "b".
29 27 5. Reemployment.
29 28 a. An employer shall not offer permanent part=time
29 29 employment, permanent full=time employment, temporary
29 30 employment, or retention as an independent contractor to a
29 31 participant.
29 32 b. This section shall not preclude a participant from
29 33 membership on a board or commission.
29 34 6. Program administration and reporting.
29 35 a. The department of administrative services shall
30 1 administer the program and shall adopt administrative rules
30 2 to administer the program. The department of administrative
30 3 services and the department of management may adopt rules on an
30 4 emergency basis under section 17A.4, subsection 3, and section
30 5 17A.5, subsection 2, paragraph "b", to implement this section
30 6 and the rules shall be effective immediately upon filing unless
30 7 a later date is specified in the rules.
30 8 b. Records of the Iowa public employees' retirement system
30 9 shall be released for the purposes of administering and
30 10 monitoring the program subject to the requirements of section
30 11 97B.17, subsection 5.
30 12 c. The department of administrative services, in
30 13 collaboration with the department of management, shall present
30 14 an interim report to the general assembly, including copies to
30 15 the legislative services agency and the fiscal committee of
30 16 the legislative council, by December 1, 2015, concerning the
30 17 operation of the program. The department shall also submit
30 18 an annual update concerning the program by October 1 of each
30 19 year for four years, commencing December 1, 2016. The reports
30 20 shall include information concerning the number of program
30 21 participants, the cost of the program including any payments
30 22 made to participants, the number of state employment positions
30 23 not filled pursuant to the program, and the number of positions
30 24 vacated by a program participant that have been refilled with a
30 25 comparison of the salary of the program participant at the time
30 26 the position was vacated to the beginning salary of the person
30 27 who refilled the position.
30 28 7. Legislative and judicial branch employees.
30 29 a. The legislative council may provide a retirement
30 30 incentive program for employees of the legislative branch
30 31 consistent with the program provided in this section for
30 32 executive branch employees. If the legislative council
30 33 provides an incentive program, the legislative council shall
30 34 collaborate with the department of administrative services to
30 35 establish the program as required under this section as nearly
31 1 as identical as possible to the program provided executive
31 2 branch employees under this section. The program provided
31 3 pursuant to this paragraph "a" shall establish the same time
31 4 guidelines and benefit calculations as provided under the
31 5 program for executive branch employees.
31 6 b. The supreme court may provide a retirement incentive
31 7 program for employees of the judicial branch consistent with
31 8 the program provided in this section for executive branch
31 9 employees. If the supreme court provides an incentive program,
31 10 the supreme court shall collaborate with the department of
31 11 administrative services to establish the program as required
31 12 under this section as nearly as identical as possible to the
31 13 program provided executive branch employees under this section.
31 14 The program provided pursuant to this paragraph "b" shall
31 15 establish the same time guidelines and benefit calculations as
31 16 provided under the program for executive branch employees.
31 17 Sec. 59. APPROPRIATIONS REDUCTION. The amounts
31 18 appropriated from the general fund of the state to the
31 19 departments and establishments of the executive branch, as
31 20 defined in section 8.2, but not including appropriations to the
31 21 state board of regents, for operational purposes in enactments
31 22 made for the fiscal year beginning July 1, 2015, and ending
31 23 June 30, 2016, are reduced by an amount up to $16,130,000. For
31 24 purposes of this section, "operational purposes" means salary,
31 25 support, administrative expenses, or other personnel=related
31 26 costs. The reductions in appropriations required pursuant
31 27 to this section shall be realized through the implementation
31 28 of this division of this Act. The reductions to operational
31 29 appropriations required by this section shall be applied by the
31 30 department of management.
31 31 Sec. 60. DEPARTMENT OF MANAGEMENT ==== STATE EMPLOYEE
31 32 RETIREMENT INCENTIVE PROGRAM ==== APPROPRIATION.
31 33 1. There is appropriated from the general fund of the state
31 34 to the department of management for the fiscal year beginning
31 35 July 1, 2014, and ending June 30, 2015, the following amount,
32 1 or so much thereof as is necessary, to be used for the purposes
32 2 designated:
32 3 For reimbursing state agencies for costs associated with the
32 4 state employee retirement incentive program:
32 5 .................................................. $ 16,130,000
32 6 Moneys appropriated in this subsection shall be transferred
32 7 by the department of management to state agencies to reimburse
32 8 such agencies for payments required under the state employee
32 9 retirement incentive program. If moneys appropriated under
32 10 this subsection are insufficient to reimburse all such costs
32 11 incurred by state agencies, the department of management shall
32 12 transfer the moneys on a pro rata basis.
32 13 Notwithstanding section 8.33, moneys appropriated in this
32 14 subsection that remain unencumbered or unobligated at the close
32 15 of the fiscal year shall not revert but shall remain available
32 16 for expenditure for the purposes designated until the close of
32 17 the succeeding fiscal year.
32 18 2. It is the intent of the general assembly to fund
32 19 reimbursements to state agencies for payments required under
32 20 the state employee retirement incentive program in future years
32 21 through appropriations made to the department of management.
32 22 Sec. 61. EFFECTIVE UPON ENACTMENT. This division of this
32 23 Act, being deemed of immediate importance, takes effect upon
32 24 enactment.
32 25 DIVISION VIII
32 26 SCHOOL AID ==== PERCENTS OF GROWTH
32 27 Sec. 62. Section 257.8, subsections 1 and 2, Code 2015, are
32 28 amended to read as follows:
32 29 1. State percent of growth. The state percent of growth
32 30 for the budget year beginning July 1, 2012, is two percent.
32 31 The state percent of growth for the budget year beginning July
32 32 1, 2013, is two percent. The state percent of growth for the
32 33 budget year beginning July 1, 2014, is four percent. The state
32 34 percent of growth for the budget year beginning July 1, 2015,
32 35 is two and five=eighths percent. The state percent of growth
33 1 for the budget year beginning July 1, 2016, is four percent.
33 2 The state percent of growth for each subsequent budget year
33 3 shall be established by statute which shall be enacted within
33 4 thirty days of the submission in the year preceding the
33 5 base year of the governor's budget under section 8.21. The
33 6 establishment of the state percent of growth for a budget year
33 7 shall be the only subject matter of the bill which enacts the
33 8 state percent of growth for a budget year.
33 9 2. Categorical state percent of growth. The categorical
33 10 state percent of growth for the budget year beginning July 1,
33 11 2012, is two percent. The categorical state percent of growth
33 12 for the budget year beginning July 1, 2013, is two percent.
33 13 The categorical state percent of growth for the budget year
33 14 beginning July 1, 2014, is four percent. The categorical
33 15 state percent of growth for the budget year beginning July
33 16 1, 2015, is two and five=eighths percent. The categorical
33 17 percent of growth for the budget year beginning July 1, 2016,
33 18 is four percent. The categorical state percent of growth for
33 19 each budget year shall be established by statute which shall
33 20 be enacted within thirty days of the submission in the year
33 21 preceding the base year of the governor's budget under section
33 22 8.21. The establishment of the categorical state percent of
33 23 growth for a budget year shall be the only subject matter of
33 24 the bill which enacts the categorical state percent of growth
33 25 for a budget year. The categorical state percent of growth
33 26 may include state percents of growth for the teacher salary
33 27 supplement, the professional development supplement, the early
33 28 intervention supplement, and the teacher leadership supplement.
33 29 Sec. 63. CODE SECTION 257.8 ==== IMPLEMENTATION. The
33 30 requirements of section 257.8, subsections 1 and 2, regarding
33 31 the enactment of bills establishing the regular program state
33 32 percent of growth and the categorical state percent of growth
33 33 within thirty days of the submission in the year preceding
33 34 the base year of the governor's budget and the subject matter
33 35 limitation of bills establishing the state percent of growth
34 1 and the categorical state percent of growth do not apply to
34 2 this division of this Act.
34 3 Sec. 64. EFFECTIVE UPON ENACTMENT. This division of this
34 4 Act, being deemed of immediate importance, takes effect upon
34 5 enactment.
34 6 DIVISION IX
34 7 APPORTIONMENT OF TRANSPORTATION FUNDS ==== APPROPRIATION
34 8 Sec. 65. STREET CONSTRUCTION FUND ==== APPROPRIATION.
34 9 1. In a written application to the treasurer of state
34 10 submitted by October 1, 2015, a city may request an
34 11 additional distribution of moneys to be credited to the street
34 12 construction fund of the city equal to that additional amount,
34 13 calculated by the treasurer, that the city would have received
34 14 if the funds were apportioned based upon the population of the
34 15 city as determined by section 312.3, subsection 2, paragraph
34 16 "d", for the months prior to the effective date of this
34 17 division of this Act.
34 18 2. Upon determination by the treasurer of state that an
34 19 additional amount should be credited to a city as provided by
34 20 this section, there is appropriated from the general fund of
34 21 the state to the department of transportation, for the fiscal
34 22 year beginning July 1, 2015, and ending June 30, 2016, an
34 23 amount sufficient to pay the additional amount which shall be
34 24 distributed to the city for deposit in the street construction
34 25 fund of the city.
34 26 Sec. 66. EFFECTIVE UPON ENACTMENT. This division of this
34 27 Act, being deemed of immediate importance, takes effect upon
34 28 enactment.
34 29 Sec. 67. RETROACTIVE APPLICABILITY. This division of this
34 30 Act applies retroactively to March 2011.
34 31 DIVISION X
34 32 DRUG OVERDOSE PREVENTION
34 33 Sec. 68. Section 85.27, Code 2015, is amended by adding the
34 34 following new subsection:
34 35 NEW SUBSECTION. 1A. If an employee receives care pursuant
35 1 to subsection 1 and the treating physician or other health care
35 2 professional reasonably believes, based on such physician's or
35 3 other health care professional's professional judgment, that
35 4 the employee is at risk of an opioid=related overdose due to
35 5 the work=related injury or the treatment of the work=related
35 6 injury, the cost of an opioid antagonist shall be paid by the
35 7 employer or the employer's insurance carrier. For purposes
35 8 of this subsection, "opioid antagonist" and "opioid=related
35 9 overdose" mean the same as defined in section 124.418.
35 10 Sec. 69. NEW SECTION. 124.417 Persons seeking medical
35 11 assistance for drug=related overdose.
35 12 1. As used in this section, unless the context otherwise
35 13 requires:
35 14 a. "Drug=related overdose" means a condition of a person for
35 15 which each of the following is true:
35 16 (1) The person is in need of medical assistance.
35 17 (2) The person displays symptoms including but not limited
35 18 to extreme physical illness, pinpoint pupils, decreased level
35 19 of consciousness including coma, or respiratory depression.
35 20 (3) The person's condition is the result of, or a prudent
35 21 layperson would reasonably believe such condition to be the
35 22 result of, the consumption or use of a controlled substance.
35 23 b. "Overdose patient" means a person who is, or would
35 24 reasonably be perceived to be, suffering a drug=related
35 25 overdose.
35 26 c. "Overdose reporter" means a person who seeks medical
35 27 assistance for an overdose patient.
35 28 d. "Protected information" means information or evidence
35 29 collected or derived as a result of any of the following:
35 30 (1) An overdose patient's good=faith actions to seek
35 31 medical assistance while experiencing a drug=related overdose.
35 32 (2) An overdose reporter's good=faith actions to seek
35 33 medical assistance for an overdose patient experiencing a
35 34 drug=related overdose if all of the following are true:
35 35 (a) The overdose patient is in need of medical assistance
36 1 for an immediate health or safety concern.
36 2 (b) The overdose reporter is the first person to seek
36 3 medical assistance for the overdose patient.
36 4 (c) The overdose reporter provides the overdose reporter's
36 5 name and contact information to medical or law enforcement
36 6 personnel.
36 7 (d) The overdose reporter remains on the scene until
36 8 assistance arrives or is provided.
36 9 (e) The overdose reporter cooperates with law enforcement
36 10 and medical personnel.
36 11 2. Protected information shall not be considered to support
36 12 probable cause and shall not be admissible as evidence against
36 13 an overdose patient or overdose reporter for any of the
36 14 following offenses:
36 15 a. Violation of section 124.401, subsection 1.
36 16 b. Possession of a controlled substance under section
36 17 124.401, subsection 5.
36 18 c. Violation of section 124.407.
36 19 d. Violation of section 124.414.
36 20 3. A person's pretrial release, probation, supervised
36 21 release, or parole shall not be revoked based on protected
36 22 information.
36 23 4. Notwithstanding any other provision of law to the
36 24 contrary, the act of providing first aid or other medical
36 25 assistance to someone who is experiencing a drug=related
36 26 overdose may be considered by a court as a mitigating factor in
36 27 a criminal prosecution.
36 28 5. This section shall not be construed to limit the use or
36 29 admissibility of any evidence in a criminal case other than as
36 30 provided in subsection 2.
36 31 Sec. 70. NEW SECTION. 124.418 Possession of an opioid
36 32 antagonist.
36 33 1. For purposes of this section:
36 34 a. "Health care professional" means a physician and surgeon
36 35 or osteopathic physician and surgeon licensed under chapter
37 1 148, physician assistant licensed under chapter 148C, advanced
37 2 registered nurse practitioner licensed under chapter 152 or
37 3 152E, or pharmacist licensed under chapter 155A.
37 4 b. "Opioid antagonist" means a drug that binds to opioid
37 5 receptors and blocks or inhibits the effects of opioids acting
37 6 on those receptors, including but not limited to naloxone
37 7 hydrochloride or any other similarly acting drug approved by
37 8 the United States food and drug administration.
37 9 c. "Opioid=related overdose" means a condition of a person
37 10 for which each of the following is true:
37 11 (1) The person requires medical assistance.
37 12 (2) The person displays symptoms including but not limited
37 13 to extreme physical illness, pinpoint pupils, decreased level
37 14 of consciousness including coma, or respiratory depression.
37 15 (3) The person's condition is the result of, or a prudent
37 16 layperson would reasonably believe the person's condition to
37 17 be the result of, consumption or use of an opioid or another
37 18 substance with which an opioid was combined.
37 19 2. Notwithstanding the provisions of this chapter or any
37 20 other law, a person may possess an opioid antagonist if each of
37 21 the following is true:
37 22 a. The opioid antagonist is prescribed, dispensed,
37 23 furnished, distributed, or otherwise provided by a health
37 24 care professional otherwise authorized to prescribe an opioid
37 25 antagonist, either directly, by standing order, or through a
37 26 collaborative agreement.
37 27 b. The person is a family member or friend of, or
37 28 other person in a position to assist, a person at risk of
37 29 experiencing an opioid=related overdose.
37 30 Sec. 71. NEW SECTION. 135.181 Standards and reports on
37 31 opioid antagonist use.
37 32 1. For purposes of this section:
37 33 a. "Emergency medical services" means the same as defined
37 34 in section 147A.1.
37 35 b. "First responder" means emergency medical personnel,
38 1 state and local law enforcement personnel, or fire department
38 2 personnel who provide emergency medical services.
38 3 c. "Health care professional" means a physician and surgeon
38 4 or osteopathic physician and surgeon licensed under chapter
38 5 148, physician assistant licensed under chapter 148C, advanced
38 6 registered nurse practitioner licensed under chapter 152 or
38 7 152E, or pharmacist licensed under chapter 155A.
38 8 d. "Opioid antagonist" means the same as defined in section
38 9 124.418.
38 10 2. The department shall develop standards for recordkeeping
38 11 and reporting of opioid antagonist use by first responders in
38 12 this state, and shall provide an annual report to the general
38 13 assembly with recommendations regarding the use of opioid
38 14 antagonists in this state.
38 15 3. The department shall consult with health care
38 16 professional organizations, organizations representing first
38 17 responders, and other groups as determined by the department
38 18 to develop protocols and instructions for the administration
38 19 of an opioid antagonist by a person who is not a health care
38 20 professional or a first responder. The department shall make
38 21 the protocols and instructions developed pursuant to this
38 22 subsection publicly available on the department's internet
38 23 site.
38 24 Sec. 72. Section 147.107, Code 2015, is amended by adding
38 25 the following new subsection:
38 26 NEW SUBSECTION. 5A. a. For purposes of this subsection:
38 27 (1) "Opioid antagonist" means the same as defined in section
38 28 124.418.
38 29 (2) "Opioid=related overdose" means the same as defined in
38 30 section 124.418.
38 31 b. Notwithstanding subsection 1 or any other provision
38 32 of law, a health care professional otherwise authorized to
38 33 prescribe an opioid antagonist may directly, by standing order,
38 34 or through collaborative agreement, prescribe, dispense,
38 35 furnish, or otherwise provide an opioid antagonist to a person
39 1 at risk of experiencing an opioid=related overdose or to a
39 2 family member or friend of, or other person whom the health
39 3 care professional believes to be in a position to assist, a
39 4 person at risk of experiencing an opioid=related overdose.
39 5 Any such prescription shall be deemed as being issued for a
39 6 legitimate medical purpose in the usual course of professional
39 7 practice.
39 8 c. A health care professional who prescribes an opioid
39 9 antagonist shall document the reasons for the prescription or
39 10 standing order.
39 11 d. A pharmacist who dispenses, furnishes, or otherwise
39 12 provides an opioid antagonist pursuant to a valid prescription,
39 13 standing order, or collaborative agreement shall provide
39 14 instruction to the recipient in accordance with the protocols
39 15 and instructions developed by the department of public health
39 16 under section 135.181.
39 17 e. A health care professional who is licensed to prescribe
39 18 an opioid antagonist shall not be subject to any disciplinary
39 19 action or civil or criminal liability for prescribing an opioid
39 20 antagonist to a person whom the health care professional
39 21 reasonably believes may be in a position to assist or
39 22 administer the opioid antagonist to a person at risk of an
39 23 opioid=related overdose.
39 24 Sec. 73. Section 147A.10, Code 2015, is amended by adding
39 25 the following new subsection:
39 26 NEW SUBSECTION. 4. a. For purposes of this subsection:
39 27 (1) "Opioid antagonist" means the same as defined in section
39 28 124.418.
39 29 (2) "Opioid=related overdose" means the same as defined in
39 30 section 124.418.
39 31 b. An emergency medical care provider or a law enforcement
39 32 officer who has been trained in the administration of an opioid
39 33 antagonist and acts with reasonable care in administering an
39 34 opioid antagonist to another person who the emergency medical
39 35 care provider or law enforcement officer believes in good faith
40 1 to be suffering an opioid=related overdose shall not be subject
40 2 to civil liability, disciplinary action, or a civil or criminal
40 3 penalty for an act or omission related to or resulting from the
40 4 administration.
40 5 Sec. 74. NEW SECTION. 155A.45 Administration of an opioid
40 6 antagonist.
40 7 1. For purposes of this section:
40 8 a. "Opioid antagonist" means the same as defined in section
40 9 124.418.
40 10 b. "Opioid=related overdose" means the same as defined in
40 11 section 124.418.
40 12 2. A person who is not otherwise licensed by an appropriate
40 13 state board to prescribe, dispense, or administer opioid
40 14 antagonists to patients may, in an emergency, administer an
40 15 opioid antagonist to another person if the person believes in
40 16 good faith that the other person is suffering an opioid=related
40 17 overdose, and the person shall not be subject to civil
40 18 liability, disciplinary action, or a civil or criminal penalty
40 19 for an act or omission related to or resulting from the
40 20 administration of an opioid antagonist.
40 21 Sec. 75. Section 249A.20A, Code 2015, is amended by adding
40 22 the following new subsection:
40 23 NEW SUBSECTION. 12. a. For purposes of this subsection,
40 24 "opioid antagonist" means the same as defined in section
40 25 124.418.
40 26 b. Notwithstanding anything in this section to the contrary,
40 27 the department shall include an opioid antagonist, including
40 28 any device integral to its administration, on the preferred
40 29 drug list. Reimbursement under the medical assistance program
40 30 shall be provided through existing resources.
40 31 c. A prescription for an opioid antagonist shall not be
40 32 subject to prior authorization or other utilization management
40 33 if the prescriber deems the opioid antagonist medically
40 34 necessary.
40 35 DIVISION XI
41 1 COUNTY COURTHOUSES
41 2 Sec. 76. Section 602.6105, subsection 2, Code 2015, is
41 3 amended to read as follows:
41 4 2. In any county having two county seats, court shall be
41 5 held at each, and, in the county of Pottawattamie, court shall
41 6 be held at Avoca, as well as at the county seat.
41 7 Sec. 77. REPEAL. 1884 Iowa Acts, chapter 198, is repealed.
41 8 DIVISION XII
41 9 REFUGEE FAMILY SUPPORT SERVICES
41 10 Sec. 78. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM.
41 11 1. The bureau of refugee services within the department
41 12 of human services shall establish, promote, and administer a
41 13 refugee family support services pilot program for purposes of
41 14 providing a grant to a state, local, or community organization
41 15 working with refugee populations to contract with and train
41 16 multiple refugees to act as refugee community navigators.
41 17 2. An organization awarded a grant pursuant to this section
41 18 shall recruit and train multiple refugee community navigators
41 19 to educate and provide direct assistance to their respective
41 20 refugee communities so the refugee communities can successfully
41 21 access and utilize existing community resources and services.
41 22 3. The refugee community navigators shall train other
41 23 refugee community members and shall offer home=based,
41 24 peer=group learning sessions about resources in the community.
41 25 4. A grant awarded pursuant to this section shall be
41 26 used for employment costs of a program manager and community
41 27 navigator coordinator, and contract and stipend costs for
41 28 multiple refugee community navigators for each organization.
41 29 5. The bureau of refugee services shall award one grant to
41 30 a state, local, or community organization through a competitive
41 31 application process. The bureau shall provide moneys over a
41 32 three=year period to an organization awarded a grant.
41 33 6. A state, local, or community organization awarded a grant
41 34 pursuant to this section shall provide the bureau with annual
41 35 progress reports. The bureau of refugee services shall present
42 1 a report of the program goals and outcomes to the general
42 2 assembly.
42 3 7. The bureau of refugee services shall conduct a
42 4 comprehensive review of the refugee family support services
42 5 pilot program and shall, by December 31, 2017, submit a
42 6 report of its review, as well as any recommendations and cost
42 7 projections of its recommendations to the governor and the
42 8 general assembly.
42 9 8. The bureau of refugee services may expend program moneys
42 10 for administrative expenses as provided by law.
42 11 Sec. 79. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM
42 12 APPROPRIATION. There is appropriated from the general fund of
42 13 the state to the department of human services for the fiscal
42 14 year beginning July 1, 2014, and ending June 30, 2015, the
42 15 following amount, or so much thereof as is necessary, to be
42 16 used for the purposes designated:
42 17 For a pilot project pursuant to the refugee family support
42 18 services pilot project program created in this division of this
42 19 Act in a county with a population over 350,000 as determined by
42 20 the 2010 federal decennial census:
42 21 .................................................. $ 750,000
42 22 Of the moneys appropriated for each fiscal year, $40,000 may
42 23 be used for bureau of refugee services' administration costs
42 24 for establishing, promoting, and administering the program.
42 25 Notwithstanding section 8.33, moneys appropriated in this
42 26 section that remain unencumbered or unobligated at the close of
42 27 the fiscal year shall not revert but shall remain available for
42 28 expenditure for the purposes designated until the close of the
42 29 succeeding fiscal year.
42 30 Sec. 80. EFFECTIVE UPON ENACTMENT. This division of this
42 31 Act, being deemed of immediate importance, takes effect upon
42 32 enactment.
42 33 DIVISION XIII
42 34 DEPARTMENT OF MANAGEMENT ==== DUTIES
42 35 Sec. 81. Section 8.6, subsections 12 and 13, Code 2015, are
43 1 amended by striking the subsections.
43 2 Sec. 82. Section 8A.111, Code 2015, is amended by adding the
43 3 following new subsection:
43 4 NEW SUBSECTION. 11. An annual report on the administration
43 5 and promotion of equal opportunity in state contracts and
43 6 services under section 19B.7.
43 7 Sec. 83. Section 19B.6, Code 2015, is amended to read as
43 8 follows:
43 9 19B.6 Responsibilities of department of administrative
43 10 services and department of management ==== affirmative action.
43 11 The department of administrative services shall oversee the
43 12 implementation of sections 19B.1 through 19B.5 and shall work
43 13 with the governor to ensure compliance with those sections,
43 14 including the attainment of affirmative action goals and
43 15 timetables, by all state agencies, excluding the state board
43 16 of regents and its institutions. The department of management
43 17 shall oversee the implementation of sections 19B.1 through
43 18 19B.5 and shall work with the governor to ensure compliance
43 19 with those sections, including the attainment of affirmative
43 20 action goals and timetables, by the state board of regents and
43 21 its institutions.
43 22 Sec. 84. Section 19B.7, subsection 1, unnumbered paragraph
43 23 1, Code 2015, is amended to read as follows:
43 24 Except as otherwise provided in subsection 2, the department
43 25 of management administrative services is responsible for the
43 26 administration and promotion of equal opportunity in all state
43 27 contracts and services and the prohibition of discriminatory
43 28 and unfair practices within any program receiving or benefiting
43 29 from state financial assistance in whole or in part. In
43 30 carrying out these responsibilities the department of
43 31 management administrative services shall:
43 32 Sec. 85. Section 19B.8, Code 2015, is amended to read as
43 33 follows:
43 34 19B.8 Sanctions.
43 35 The department of management administrative services may
44 1 impose appropriate sanctions on individual state agencies,
44 2 including the state board of regents and its institutions, and
44 3 upon a community college, area education agency, or school
44 4 district, in order to ensure compliance with state programs
44 5 emphasizing equal opportunity through affirmative action,
44 6 contract compliance policies, and requirements for procurement
44 7 goals for targeted small businesses.
44 8 DIVISION XIV
44 9 CLAIMS AGAINST THE STATE AND BY THE STATE
44 10 Sec. 86. Section 8.55, subsection 3, paragraph a, Code 2015,
44 11 is amended to read as follows:
44 12 a. Except as provided in paragraphs "b", "c", and "d", and
44 13 "0e", the moneys in the Iowa economic emergency fund shall
44 14 only be used pursuant to an appropriation made by the general
44 15 assembly. An appropriation shall only be made for the fiscal
44 16 year in which the appropriation is made. The moneys shall
44 17 only be appropriated by the general assembly for emergency
44 18 expenditures.
44 19 Sec. 87. Section 8.55, subsection 3, Code 2015, is amended
44 20 by adding the following new paragraph:
44 21 NEW PARAGRAPH. 0e. There is appropriated from the Iowa
44 22 economic emergency fund to the state appeal board an amount
44 23 sufficient to pay claims authorized by the state appeal board
44 24 as provided in section 25.2.
44 25 Sec. 88. Section 25.2, subsection 4, Code 2015, is amended
44 26 to read as follows:
44 27 4. Payments authorized by the state appeal board shall be
44 28 paid from the appropriation or fund of original certification
44 29 of the claim. However, if that appropriation or fund has since
44 30 reverted under section 8.33, then such payment authorized by
44 31 the state appeal board shall be out of any money in the state
44 32 treasury not otherwise appropriated as follows:
44 33 a. From the appropriation made from the Iowa economic
44 34 emergency fund in section 8.55 for purposes of paying such
44 35 expenses.
45 1 b. To the extent the appropriation from the Iowa economic
45 2 emergency fund described in paragraph "a" is insufficient to
45 3 pay such expenses, there is appropriated from moneys in the
45 4 general fund of the state not otherwise appropriated the amount
45 5 necessary to fund the deficiency.
45 6 DIVISION XV
45 7 STATE GEOLOGICAL SURVEY
45 8 Sec. 89. Section 456.1, Code 2015, is amended by striking
45 9 the section and inserting in lieu thereof the following:
45 10 456.1 Geological survey created ==== definitions.
45 11 1. A state geological survey is created within the IIHR ====
45 12 hydroscience and engineering unit of the university of Iowa
45 13 college of engineering.
45 14 2. As used in this chapter, unless the context otherwise
45 15 requires:
45 16 a. "Director" means the director of the unit.
45 17 b. "Unit" means the IIHR ==== hydroscience and engineering
45 18 unit of the university of Iowa college of engineering.
45 19 Sec. 90. NEW SECTION. 456.1B Mission.
45 20 1. It is the mission of the state geological survey to
45 21 plan and implement initiatives that result in the acquisition
45 22 of comprehensive information regarding the mineral and water
45 23 resources of this state, with an emphasis on water supply
45 24 developments and monitoring the effects of environmental
45 25 impacts on water quality in a politically independent manner.
45 26 The state geological survey shall endeavor to enhance this
45 27 state's economy through the enlightened development and
45 28 management of this state's precious geological and hydrological
45 29 resources, while providing a clean and healthy environment for
45 30 Iowa's citizens.
45 31 2. The state geological survey shall analyze, interpret,
45 32 and make available to the public, private sector, and public
45 33 policymakers publications, consultant services, and a library
45 34 of databases in order to improve the integration, and analysis
45 35 of natural resource information in a manner that improves
46 1 decisions affecting the management, development and protection
46 2 of Iowa's natural resources.
46 3 Sec. 91. NEW SECTION. 456.1C Cooperation.
46 4 The state geological survey shall cooperate with federal
46 5 and state agencies to maximize the benefits derived from
46 6 resource assessments and to expand educational and technology
46 7 transfer programs. The survey shall cooperate with all of the
46 8 following:
46 9 1. For the federal government, the United States department
46 10 of agriculture, and United States geological survey.
46 11 2. For institutions under the control of the state board of
46 12 regents, the Iowa flood center established in section 466C.1,
46 13 the state hygienic laboratory as provided in section 263.7, and
46 14 the state archaeologist appointed pursuant to section 263B.1.
46 15 Sec. 92. NEW SECTION. 456.1D Administration.
46 16 1. For administrative purposes, the state geological
46 17 survey shall be located in or in proximity to Iowa City. The
46 18 president of the university shall cooperate with the director
46 19 to provide office space, staff assistance, and necessary
46 20 supplies and equipment.
46 21 2. The state geologist may establish divisions within
46 22 the state geological survey and positions within the
46 23 division, which may provide for geological studies,
46 24 stratigraphy and economic geology, water resources, technical
46 25 services, administrative services, and contracts and grants
46 26 administration.
46 27 Sec. 93. Section 456.4, Code 2015, is amended to read as
46 28 follows:
46 29 456.4 Investigations ==== collection ==== renting space.
46 30 The state geologist shall investigate the characters of the
46 31 various soils and their capacities for agricultural purposes,
46 32 the streams, and other scientific and natural resource matters
46 33 that may be of practical importance and interest. For the
46 34 purpose of preserving well drilling samples, rock cores,
46 35 fossils, and other materials as may be necessary to carry on
47 1 investigations, the state geologist shall have the authority
47 2 to lease or rent sufficient space for storage of these
47 3 materials with the approval of the director of the department
47 4 of administrative services. A complete cabinet collection
47 5 may be made to illustrate the natural products of the state,
47 6 and the state geologist may also furnish suites of materials,
47 7 rocks, and fossils for colleges and public museums within the
47 8 state, if it can be done without impairing the general state
47 9 collection.
47 10 Sec. 94. Section 456.7, Code 2015, is amended to read as
47 11 follows:
47 12 456.7 Annual report.
47 13 The state geologist shall, annually, at the time provided
47 14 by law, make to the director and to the governor a full
47 15 report of the work in the preceding year, which report shall
47 16 be accompanied by such other reports and papers as may be
47 17 considered desirable for publication.
47 18 Sec. 95. Section 456.10, Code 2015, is amended to read as
47 19 follows:
47 20 456.10 Distribution and sale of reports.
47 21 All publications of the geological survey shall be
47 22 distributed by the state geologist as are other published
47 23 reports of state officers when no special provision is made.
47 24 When such distribution has been made the state geologist shall
47 25 retain a sufficient number of copies to supply probable future
47 26 demands and any copies in excess of such number shall be sold
47 27 to persons making application therefor at the cost price of
47 28 publication, the money thus accruing to be turned into the
47 29 treasury of the state.
47 30 Sec. 96. ADMINISTRATIVE RULES ==== TRANSITION PROVISIONS.
47 31 1. Any rule, regulation, form, order, or directive
47 32 promulgated by the department of natural resources as required
47 33 to administer and enforce the provisions of chapter 456 shall
47 34 continue in full force and effect until amended, repealed, or
47 35 supplemented by affirmative action of the state geological
48 1 survey.
48 2 2. An administrative hearing or court proceeding arising
48 3 out of an enforcement action under section 455B.109 pending
48 4 on the effective date of this division of this Act shall not
48 5 be affected due to this division of this Act. Any cause of
48 6 action or statute of limitation relating to an action taken by
48 7 the department of natural resources shall not be affected as a
48 8 result of this division of this Act and such cause or statute
48 9 of limitation shall apply to the state geological survey.
48 10 3. Any personnel in the state merit system of employment who
48 11 are mandatorily transferred due to the effect of this division
48 12 of this Act shall be so transferred without any loss in salary,
48 13 benefits, or accrued years of service.
48 14 4. Any replacement of signs, logos, stationery, insignia,
48 15 uniforms, and related items that is made necessary due to the
48 16 effect of this division of this Act shall be done as part of the
48 17 normal replacement cycle for such items.
48 18 Sec. 97. STATE GEOLOGICAL SURVEY. There is appropriated
48 19 from the general fund of the state to the university of Iowa
48 20 for the fiscal year beginning July 1, 2015, and ending June 30,
48 21 2016, the following amount, or so much thereof as is necessary,
48 22 to be used for the purposes designated:
48 23 For the state geological survey, including salaries,
48 24 support, maintenance, and miscellaneous purposes:
48 25 .................................................. $ 1,000,000
48 26 Moneys appropriated to the department of natural resources
48 27 in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal
48 28 year beginning July 1, 2015, for purposes of supporting the
48 29 department including administration, regulation, and programs,
48 30 are reduced by $1,000,000.
48 31 Sec. 98. STATE GEOLOGICAL SURVEY. There is appropriated
48 32 from the general fund of the state to the university of Iowa
48 33 for the fiscal year beginning July 1, 2016, and ending June 30,
48 34 2017, the following amount, or so much thereof as is necessary,
48 35 to be used for the purposes designated:
49 1 For the state geological survey, including salaries,
49 2 support, maintenance, and miscellaneous purposes:
49 3 .................................................. $ 500,000
49 4 Moneys appropriated to the department of natural resources
49 5 in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal
49 6 year beginning July 1, 2016, for purposes of supporting the
49 7 department including administration, regulation, and programs,
49 8 are reduced by $500,000.
49 9 DIVISION XVI
49 10 REVIVAL OF USE RESTRICTIONS
49 11 Sec. 99. NEW SECTION. 564B.1 Definitions.
49 12 As used in this chapter, unless the context otherwise
49 13 requires:
49 14 1. "Bylaws" means the instruments, however denominated,
49 15 that contain the procedures for conducting the affairs of the
49 16 homeowners' association or the executive board regardless of
49 17 the form in which the homeowners' association is organized,
49 18 including any amendments to such instruments.
49 19 2. a. "Common interest community" means real estate
49 20 described in a declaration with respect to which a person, by
49 21 virtue of the person's ownership of a parcel, is obligated
49 22 to pay for a share of real estate taxes, insurance premiums,
49 23 maintenance, or improvement of, or services or other expenses
49 24 related to, common elements, other parcels, or other real
49 25 estate described in the declaration. "Common interest
49 26 community" includes a cooperative under chapter 499A and a
49 27 horizontal property regime under chapter 499B.
49 28 b. "Common interest community" does not include a covenant
49 29 that requires the owners of separate parcels of real estate to
49 30 share costs or other obligations related to a wall, driveway,
49 31 well, or other similar structure, unless all such owners
49 32 consent in writing to the creation of a common interest
49 33 community.
49 34 3. "Declaration" means a recorded written instrument in the
49 35 nature of covenants running with the land that subject the land
50 1 comprising the common interest community to the jurisdiction
50 2 and control of a homeowners' association in which the owners of
50 3 the parcels are required to be members.
50 4 4. "Executive board" means the body, regardless of name,
50 5 designated in the declaration, formation document, or bylaws to
50 6 act on behalf of the homeowners' association.
50 7 5. "Formation document" means the document filed with the
50 8 secretary of state that creates a business entity, including
50 9 but not limited to articles of incorporation, articles of
50 10 organization, and a certificate of organization.
50 11 6. "Homeowners' association" means an entity responsible
50 12 for the operation of a common interest community in which the
50 13 voting membership is made up of parcel owners and in which
50 14 membership is a mandatory condition of parcel ownership, and
50 15 which is authorized to impose assessments that, if unpaid, may
50 16 become a lien on the parcel.
50 17 7. "Parcel" means a physical portion of the common interest
50 18 community designated for separate ownership or occupancy or
50 19 as otherwise defined in the statute under which the common
50 20 interest community is organized.
50 21 8. "Parcel owner" means the record owner of legal title to
50 22 a parcel or, if the parcel is subject to a contract for deed,
50 23 the vendee of the real estate contract. "Parcel owner" does
50 24 not include a person having an interest in a parcel solely as
50 25 security for an obligation.
50 26 9. "Use restrictions" means the same as defined in section
50 27 614.24, subsection 5.
50 28 Sec. 100. NEW SECTION. 564B.2 Revival of use restrictions.
50 29 Parcel owners in a common interest community may revive use
50 30 restrictions in a declaration that have become unenforceable
50 31 by operation of section 614.24 if all of the following
50 32 requirements are met:
50 33 1. All parcels which will be subject to the revived use
50 34 restrictions were previously subject to the use restrictions.
50 35 2. The affected parcel owners approve the revived use
51 1 restrictions in the manner provided in this chapter.
51 2 Sec. 101. NEW SECTION. 564B.3 Procedure to revive use
51 3 restrictions.
51 4 1. The proposal to revive use restrictions may contain
51 5 less than all of the use restrictions which have become
51 6 unenforceable by operation of section 614.24, but shall not
51 7 modify any use restriction sought to be revived.
51 8 2. The proposal to revive use restrictions in a declaration
51 9 under the terms of this chapter may be initiated by either of
51 10 the following:
51 11 a. The executive board.
51 12 b. The parcel owners, if a petition is signed by parcel
51 13 owners who own at least ten percent of the parcels. Such
51 14 petition shall include the language of the use restrictions
51 15 proposed to be revived.
51 16 3. If a proposal is initiated under subsection 2, the
51 17 executive board shall prepare or cause to be prepared the
51 18 complete text of the proposed use restrictions to be submitted
51 19 to the affected parcel owners for approval.
51 20 4. a. The executive board shall present or cause to be
51 21 presented to all of the affected parcel owners, by mail or hand
51 22 delivery, all of the following:
51 23 (1) A notice containing either the place, date, and time of
51 24 the meeting at which the revival of the use restrictions will
51 25 be considered and voted upon or instructions for an action by
51 26 written ballot, including the last date that a written ballot
51 27 will be accepted.
51 28 (2) A copy of the complete text of the use restrictions
51 29 proposed to be revived.
51 30 (3) The existing declaration, formation document, and
51 31 bylaws of the homeowners' association.
51 32 (4) A graphic depiction of the property and the parcels to
51 33 be governed by the revived use restrictions.
51 34 (5) A statement that the use restrictions will be revived
51 35 if parcel owners who own a majority of the affected parcels
52 1 approve revival.
52 2 b. The parcel owners entitled to receive notice and the
52 3 materials described in paragraph "a" are the owners of affected
52 4 parcels as of the close of business on the business day
52 5 preceding the day on which notice is given.
52 6 5. The use restrictions shall be revived if the owners of
52 7 a majority of the affected parcels approve the revived use
52 8 restrictions by a vote at a meeting of the affected parcel
52 9 owners conducted in the manner described in section 564B.4 or
52 10 in an action by written ballot as described in section 564B.5.
52 11 Sec. 102. NEW SECTION. 564B.4 Meetings to revive use
52 12 restrictions.
52 13 1. A vote to revive use restrictions shall not be held
52 14 unless the parcel owners described in section 564B.3,
52 15 subsection 4, paragraph "b", received the notice and documents
52 16 specified in section 564B.3, subsection 4, not less than
52 17 fourteen days or more than sixty days before such a vote.
52 18 2. A quorum shall be met if parcel owners who own a majority
52 19 of the affected parcels are present at the meeting, either in
52 20 person or by proxy.
52 21 3. The parcel owners entitled to vote at the meeting are the
52 22 owners of affected parcels as of the date of the meeting.
52 23 4. At the meeting, there shall be one vote per parcel,
52 24 regardless of the number of parcel owners who own such parcel.
52 25 5. a. The parcel owners have the right to vote in person
52 26 or by proxy.
52 27 b. To be valid, a proxy must be dated, shall state the date,
52 28 time, and place of the meeting for which the proxy was given,
52 29 and shall be signed by the parcel owner. If a parcel is owned
52 30 by more than one person, each owner of the parcel shall sign
52 31 the proxy for such proxy to be valid.
52 32 c. A proxy is effective only for the specific meeting for
52 33 which the proxy was originally given.
52 34 d. A proxy is revocable at any time at the discretion of a
52 35 parcel owner who executed the proxy.
53 1 e. If the proxy form expressly so provides, any proxy holder
53 2 may appoint, in writing, a substitute to act in the proxy
53 3 holder's place.
53 4 Sec. 103. NEW SECTION. 564B.5 Action by written ballot.
53 5 1. A vote to revive use restrictions may be taken without a
53 6 meeting if the executive board delivers a written ballot with
53 7 the notice and other documents required to be delivered under
53 8 section 564B.3, subsection 4, to the owners of every affected
53 9 parcel.
53 10 2. A written ballot shall set forth the use restrictions
53 11 proposed to be revived and provide an opportunity to vote for
53 12 or against revival.
53 13 3. One written ballot shall be provided for each parcel,
53 14 regardless of the number of parcel owners who own such parcel.
53 15 4. The use restrictions shall be revived if the parcel
53 16 owners of a majority of the affected parcels approve the
53 17 revived use restrictions by written ballot.
53 18 5. The deadline for the written ballot to be received to
53 19 be counted shall be at least fourteen days, but not more than
53 20 sixty days, after the written ballot was delivered.
53 21 6. A written ballot that has been cast shall not be revoked.
53 22 Sec. 104. NEW SECTION. 564B.6 Recording and notice of
53 23 recording.
53 24 1. No later than thirty days after the parcel owners have
53 25 approved the revival of the use restrictions, the executive
53 26 board shall file the revived use restrictions with the recorder
53 27 of each county in which the land comprising the common interest
53 28 community is located.
53 29 2. Immediately after recording the revived use
53 30 restrictions, the executive board shall mail or deliver, or
53 31 shall cause to be mailed or delivered, a complete copy of the
53 32 revived use restrictions to each parcel owner.
53 33 Sec. 105. NEW SECTION. 564B.7 Effect of revived use
53 34 restrictions.
53 35 1. The revived use restrictions shall be effective upon
54 1 recordation with respect to each affected parcel, regardless
54 2 of whether an owner of an affected parcel approved the revived
54 3 use restrictions.
54 4 2. The revived use restrictions shall not be given
54 5 retroactive effect with respect to any affected parcel.
54 6 3. A use restriction revived under this chapter shall not be
54 7 enforced against a parcel if each of the following are true:
54 8 a. A parcel owner made a good=faith investment that would be
54 9 impaired by such enforcement.
54 10 b. The good=faith investment described in paragraph "a" was
54 11 made after the use restriction was unenforceable under section
54 12 614.24 and before the use restriction was revived pursuant to
54 13 this chapter.
54 14 Sec. 106. Section 614.24, Code 2015, is amended by adding
54 15 the following new subsection:
54 16 NEW SUBSECTION. 6. If use restrictions are revived pursuant
54 17 to chapter 564B, the recording date for purposes of the
54 18 twenty=one year limitation in subsection 1 shall be the date
54 19 the revived use restrictions are recorded under section 564B.6,
54 20 subsection 1.
54 21 Sec. 107. APPLICABILITY. This division of this Act applies
54 22 to common interest communities created prior to, and still in
54 23 existence on, July 1, 2015, and created on or after July 1,
54 24 2015.
54 25 DIVISION XVII
54 26 INTEROPERABLE COMMUNICATIONS
54 27 Sec. 108. Section 80.28, subsection 2, unnumbered paragraph
54 28 1, Code 2015, is amended to read as follows:
54 29 The board shall consist of fifteen seventeen voting members,
54 30 as follows:
54 31 Sec. 109. Section 80.28, subsection 2, paragraph b,
54 32 subparagraph (4), Code 2015, is amended to read as follows:
54 33 (4) Two members who are law public safety communication
54 34 center managers employed by state or local government agencies.
54 35 Sec. 110. Section 80.28, subsection 2, paragraph b, Code
55 1 2015, is amended by adding the following new subparagraphs:
55 2 NEW SUBPARAGRAPH. (05) One member representing local
55 3 emergency management coordinators.
55 4 NEW SUBPARAGRAPH. (005) One member representing emergency
55 5 medical service providers.
55 6 DIVISION XVIII
55 7 HUMAN TRAFFICKING
55 8 Sec. 111. Section 80B.11, subsection 1, paragraph c, Code
55 9 2015, is amended by adding the following new subparagraph:
55 10 NEW SUBPARAGRAPH. (4) In=service training under this
55 11 paragraph "c" shall include the requirement that all law
55 12 enforcement officers complete four hours of in=service training
55 13 every five years related to domestic assault, sexual assault,
55 14 human trafficking, stalking, and harassment. Such in=service
55 15 training shall be approved by the academy in consultation
55 16 with the Iowa coalition against sexual assault and the Iowa
55 17 coalition against domestic violence.
55 18 Sec. 112. NEW SECTION. 692.23 Human trafficking
55 19 information.
55 20 The division of criminal and juvenile justice planning
55 21 of the department of human rights shall collect and maintain
55 22 criminal history data on incidents related to human trafficking
55 23 in this state, and shall submit an annual report to the general
55 24 assembly concerning the collected data. For purposes of this
55 25 section, "incidents related to human trafficking" means criminal
55 26 violations of section 710.5, 710.11, or 710A.2, section 725.1,
55 27 subsection 2, or section 725.2 or 725.3, or violations of
55 28 section 710.2, 710.3, or 710.4 if the victim was forced to
55 29 provide labor or services or participate in commercial sexual
55 30 activity.
55 31 Sec. 113. Section 702.11, subsection 1, Code 2015, is
55 32 amended to read as follows:
55 33 1. A "forcible felony" is any felonious child endangerment,
55 34 assault, murder, sexual abuse, kidnapping, robbery, arson in
55 35 the first degree, or burglary in the first degree, or human
56 1 trafficking.
56 2 Sec. 114. NEW SECTION. 710A.6 Outreach, public awareness,
56 3 and training programs.
56 4 The crime victim assistance division of the department of
56 5 justice, in cooperation with other governmental agencies and
56 6 nongovernmental or community organizations, shall develop and
56 7 conduct outreach, public awareness, and training programs for
56 8 the general public, law enforcement agencies, first responders,
56 9 potential victims, and persons conducting or regularly dealing
56 10 with businesses or other ventures that have a high statistical
56 11 incidence of debt bondage or forced labor or services. The
56 12 programs shall train participants to recognize and report
56 13 incidents of human trafficking and to suppress the demand that
56 14 fosters exploitation of persons and leads to human trafficking.
56 15 Sec. 115. Section 915.94, Code 2015, is amended to read as
56 16 follows:
56 17 915.94 Victim compensation fund.
56 18 A victim compensation fund is established as a separate
56 19 fund in the state treasury. Moneys deposited in the fund
56 20 shall be administered by the department and dedicated to and
56 21 used for the purposes of section 915.41 and this subchapter.
56 22 In addition, the department may use moneys from the fund
56 23 for the purpose of the department's prosecutor=based victim
56 24 service coordination, including the duties defined in sections
56 25 910.3 and 910.6 and this chapter, and for the award of funds
56 26 to programs that provide services and support to victims of
56 27 domestic abuse or sexual assault as provided in chapter 236,
56 28 to victims under section 710A.2, and for the support of an
56 29 automated victim notification system established in section
56 30 915.10A. The For each fiscal year, the department may also
56 31 use up to one three hundred thousand dollars from the fund
56 32 to provide training for victim service providers, to provide
56 33 training for related professionals concerning victim service
56 34 programming, and to provide training concerning homicide,
56 35 domestic assault, sexual assault, stalking, harassment,
57 1 and human trafficking as required by section 710A.6.
57 2 Notwithstanding section 8.33, any balance in the fund on June
57 3 30 of any fiscal year shall not revert to the general fund of
57 4 the state.
57 5 DIVISION XIX
57 6 SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS INTERNSHIP
57 7 Sec. 116. Section 15.411, subsection 3, Code 2015, is
57 8 amended to read as follows:
57 9 3. a. The authority shall establish and administer an
57 10 internship program with two components for Iowa students.
57 11 To the extent permitted by this subsection, the authority
57 12 shall administer the two components in as similar a manner as
57 13 possible. For purposes of this subsection, "Iowa student" means
57 14 a student of an Iowa community college, private college, or
57 15 institution of higher learning under the control of the state
57 16 board of regents, or a student who graduated from high school
57 17 in Iowa but now attends an institution of higher learning
57 18 outside the state of Iowa.
57 19 b. The purpose of the first component of the program is
57 20 to link Iowa students to small and medium sized Iowa firms
57 21 through internship opportunities. An Iowa employer may receive
57 22 financial assistance in an amount of one dollar for every
57 23 two dollars paid by the employer to an intern on a matching
57 24 basis for a portion of the wages paid to an intern. If
57 25 providing financial assistance, the authority shall provide
57 26 the assistance on a reimbursement basis such that for every
57 27 two dollars of wages earned by the student, one dollar paid by
57 28 the employer is matched by one dollar from the authority. The
57 29 amount of financial assistance shall not exceed three thousand
57 30 one hundred dollars for any single internship, or nine thousand
57 31 three hundred dollars for any single employer. In order to be
57 32 eligible to receive financial assistance under this paragraph,
57 33 the employer must have five hundred or fewer employees and must
57 34 be an innovative business. The authority shall encourage youth
57 35 who reside in economically distressed areas, youth adjudicated
58 1 to have committed a delinquent act, and youth transitioning out
58 2 of foster care to participate in the first component of the
58 3 internship program.
58 4 c. (1) The purpose of the second component of the program
58 5 is to assist in placing Iowa students studying in the fields
58 6 of science, technology, engineering, and mathematics into
58 7 internships that lead to permanent positions with Iowa
58 8 employers. The authority shall collaborate with eligible
58 9 employers, including but not limited to innovative businesses,
58 10 to ensure that the interns hired are studying in such fields.
58 11 An Iowa employer may receive financial assistance in an amount
58 12 of one dollar for every dollar paid by the employer to an
58 13 intern on a matching basis for a portion of the wages paid to
58 14 an intern. If providing financial assistance, the authority
58 15 shall provide the assistance on a reimbursement basis such
58 16 that for every two dollars of wages earned by the student,
58 17 one dollar paid by the employer is matched by one dollar from
58 18 the authority. The amount of financial assistance shall not
58 19 exceed five thousand dollars per internship. The authority may
58 20 adopt rules to administer this component. In adopting rules to
58 21 administer this component, the authority shall adopt rules as
58 22 similar as possible to those adopted pursuant to paragraph "b".
58 23 (2) The requirement to administer this component of the
58 24 internship program is contingent upon the provision of funding
58 25 for such purposes by the general assembly.
58 26 Sec. 117. EMERGENCY RULES. The economic development
58 27 authority may adopt emergency rules under section 17A.4,
58 28 subsection 3, and section 17A.5, subsection 2, paragraph "b",
58 29 to implement the provisions of this division of this Act and
58 30 the rules shall be effective immediately upon filing unless
58 31 a later date is specified in the rules. Any rules adopted
58 32 in accordance with this section shall also be published as a
58 33 notice of intended action as provided in section 17A.4.
58 34 Sec. 118. EFFECTIVE UPON ENACTMENT. This division of this
58 35 Act, being deemed of immediate importance, takes effect upon
59 1 enactment.
59 2 Sec. 119. RETROACTIVE APPLICABILITY. This division of this
59 3 Act applies retroactively to July 1, 2014.
59 4 DIVISION XX
59 5 ANTIHARASSMENT AND ANTIBULLYING
59 6 Sec. 120. Section 256.9, Code 2015, is amended by adding the
59 7 following new subsection:
59 8 NEW SUBSECTION. 66. Subject to an appropriation of funds by
59 9 the general assembly, ensure each school district has access to
59 10 adequate training on conducting investigations of complaints of
59 11 incidents of harassment or bullying pursuant to section 280.28
59 12 by offering such training on an annual basis to at least one
59 13 employee per district.
59 14 Sec. 121. NEW SECTION. 256.34 Bullying and violence
59 15 prevention student mentoring pilot program.
59 16 1. Subject to an appropriation of funds by the general
59 17 assembly, the department shall establish a student mentoring
59 18 pilot program to explore how student leadership can help
59 19 prevent bullying and violence in schools. The program shall
59 20 promote best practices for bullying and violence prevention for
59 21 middle and high school students.
59 22 2. The department shall establish the program in at least
59 23 two middle schools and two high schools in the state. The
59 24 selected schools shall include both urban and rural schools.
59 25 3. The department shall establish criteria for the
59 26 selection of participating schools and evaluation of the
59 27 program.
59 28 Sec. 122. Section 280.28, subsection 2, paragraphs a and c,
59 29 Code 2015, are amended to read as follows:
59 30 a. "Electronic" means any communication involving the
59 31 transmission of information by wire, radio, optical cable,
59 32 electromagnetic, or other similar means. "Electronic" includes
59 33 but is not limited to communication via electronic mail,
59 34 internet=based communications including social networking
59 35 sites, pager service, cell phones, and electronic text
60 1 messaging, or any other electronic communication site, device,
60 2 or means.
60 3 c. "Trait or characteristic of the student" includes but
60 4 is not limited to age, color, creed, national origin, race,
60 5 religion, marital status, sex, sexual orientation, gender
60 6 identity, physical attributes, physical or mental ability or
60 7 disability, ancestry, political party preference, political
60 8 belief, socioeconomic status, or familial status, behavior, or
60 9 any other distinguishing characteristic. This paragraph shall
60 10 be construed broadly to achieve the purposes of this section.
60 11 Sec. 123. Section 280.28, subsection 3, Code 2015, is
60 12 amended by adding the following new paragraph:
60 13 NEW PARAGRAPH. h. A procedure for the notification as
60 14 soon as practicable of the parents or guardians of the alleged
60 15 targeted students and perpetrators in a reported incident
60 16 of harassment or bullying. The procedure shall include an
60 17 exception to the notification requirement if a school official
60 18 or a student whose parent or guardian would otherwise be
60 19 notified reasonably believes notification would subject the
60 20 student to rejection, abuse, or neglect.
60 21 Sec. 124. Section 280.28, Code 2015, is amended by adding
60 22 the following new subsections:
60 23 NEW SUBSECTION. 9. Authority off school grounds.
60 24 a. A school official may investigate and impose school
60 25 discipline in a founded case of harassment or bullying that
60 26 occurs outside of school, off of school property, or away from
60 27 a school function or school=sponsored activity if all of the
60 28 following apply:
60 29 (1) An incident of harassment or bullying is reported
60 30 pursuant to the school's policy adopted under subsection 3,
60 31 paragraph "e".
60 32 (2) The alleged incident of harassment or bullying has
60 33 an effect on a student on school grounds that creates an
60 34 objectively hostile school environment that meets one or more
60 35 of the conditions set out under subsection 2, paragraph "b".
61 1 b. A school official's investigation and response to an
61 2 alleged incident of bullying or harassment that occurs outside
61 3 of school, off of school property, or away from a school
61 4 function or school=sponsored activity may include referring
61 5 the matter to appropriate community=based agencies including
61 6 but not limited to social services agencies, law enforcement
61 7 agencies, and nonprofit organizations.
61 8 NEW SUBSECTION. 10. Rule of construction. This section
61 9 shall not be construed to diminish a school administrator's
61 10 discretion to impose discipline or take other action in the
61 11 case of an unfounded incident of harassment or bullying if a
61 12 student's behavior otherwise constitutes student misconduct
61 13 based on other grounds.
61 14 Sec. 125. Section 282.18, subsection 11, Code 2015, is
61 15 amended to read as follows:
61 16 11. A pupil who participates in open enrollment for purposes
61 17 of attending a grade in grades nine through twelve in a school
61 18 district other than the district of residence is ineligible to
61 19 participate in varsity interscholastic athletic contests and
61 20 athletic competitions during the pupil's first ninety school
61 21 days of enrollment in the district except that the pupil may
61 22 participate immediately in a varsity interscholastic sport if
61 23 the pupil is entering grade nine for the first time and did
61 24 not participate in an interscholastic athletic competition for
61 25 another school or school district during the summer immediately
61 26 following eighth grade, if the district of residence and the
61 27 other school district jointly participate in the sport, if the
61 28 sport in which the pupil wishes to participate is not offered
61 29 in the district of residence, if the pupil chooses to use
61 30 open enrollment to attend school in another school district
61 31 because the district in which the student previously attended
61 32 school was dissolved and merged with one or more contiguous
61 33 school districts under section 256.11, subsection 12, if the
61 34 pupil participates in open enrollment because the pupil's
61 35 district of residence has entered into a whole grade sharing
62 1 agreement with another district for the pupil's grade, or if
62 2 the parent or guardian of the pupil participating in open
62 3 enrollment is an active member of the armed forces and resides
62 4 in permanent housing on government property provided by a
62 5 branch of the armed services, or if the district of residence
62 6 determines that the pupil was subject to a founded incident
62 7 of harassment or bullying as defined in section 280.28 while
62 8 attending school in the district of residence in the current or
62 9 previous school year and both the district of residence and the
62 10 other school district agree to allow the pupil to participate
62 11 immediately in a varsity interscholastic sport. A pupil who
62 12 has paid tuition and attended school, or has attended school
62 13 pursuant to a mutual agreement between the two districts,
62 14 in a district other than the pupil's district of residence
62 15 for at least one school year is also eligible to participate
62 16 immediately in interscholastic athletic contests and athletic
62 17 competitions under this section, but only as a member of a team
62 18 from the district that pupil had attended. For purposes of
62 19 this subsection, "school days of enrollment" does not include
62 20 enrollment in summer school. For purposes of this subsection,
62 21 "varsity" means the same as defined in section 256.46.
62 22 Sec. 126. SCHOOL CLIMATE AND BULLYING WORK GROUP.
62 23 1. The department of education shall convene a
62 24 public=private work group of representatives of state and local
62 25 agencies, citizens, community groups, and organizations who
62 26 have experience and expertise in the areas of antibullying
62 27 education, research, and training. The work group, after
62 28 reviewing existing research, data, and strategies, shall
62 29 provide recommendations to the department regarding best
62 30 practices, training, resources, additional research needs,
62 31 data collection, changes to state law and administrative
62 32 rules, and any other matters to enhance statewide school
62 33 climate improvement and bullying prevention, awareness, and
62 34 intervention.
62 35 2. The membership of the work group shall include but not be
63 1 limited to the following, to be appointed by the director:
63 2 a. At least three Iowans who are experts in research=based
63 3 antibullying curricula or programs.
63 4 b. A public or nonpublic high school student.
63 5 c. A parent of a student enrolled in a public elementary or
63 6 secondary school on a full=time basis.
63 7 d. A parent of a student enrolled in a nonpublic elementary
63 8 or secondary school on a full=time basis.
63 9 e. A member from nominees submitted by the school
63 10 administrators of Iowa.
63 11 f. A member from nominees submitted by the Iowa association
63 12 of school boards.
63 13 g. A member from nominees submitted by the Iowa state
63 14 education association.
63 15 h. Representatives from any organizations representing
63 16 other relevant public or nonpublic school professionals.
63 17 i. A representative from a statewide organization that
63 18 provides research=based training on bullying for school
63 19 professionals.
63 20 j. A representative from at least one statewide
63 21 organization with at least five years' experience in advocating
63 22 on bullying prevention based on research=based best practices.
63 23 k. A representative for children placed in foster care.
63 24 l. A representative of school counselors.
63 25 m. A member from nominees submitted by the Iowa parent
63 26 teacher association.
63 27 3. When making appointments to the work group, the director
63 28 shall ensure that public, nonpublic, urban, and rural schools
63 29 are adequately represented by the membership of the work group.
63 30 4. The work group shall also include two ex officio members
63 31 of each house of the general assembly. One member each shall
63 32 be selected by the majority leader of the senate and by the
63 33 minority leader of the senate, and one member each shall be
63 34 selected by the speaker of the house of representatives and by
63 35 the minority leader of the house of representatives. Members
64 1 of the general assembly shall serve for terms as provided in
64 2 section 69.16B and shall be entitled to receive per diem and
64 3 necessary travel and actual expenses pursuant to section 2.10,
64 4 subsection 5, while carrying out their official duties as
64 5 members of the work group.
64 6 5. The department shall convene the work group by October
64 7 1, 2015. The work group shall submit its findings and
64 8 recommendations in a final report to the department and the
64 9 chairpersons and ranking members of the senate and house
64 10 education committees by December 15, 2016.
64 11 DIVISION XXI
64 12 SCHOOL DISTRICT PROPERTY TAX
64 13 REPLACEMENT PAYMENTS
64 14 Sec. 127. Section 257.16B, subsection 2, paragraph c,
64 15 unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate
64 16 File 173, section 3, is amended to read as follows:
64 17 For each the budget year beginning on or after July 1, 2015,
64 18 unless otherwise provided by law, the department of management
64 19 shall calculate for each school district all of the following:
64 20 Sec. 128. Section 257.16B, subsection 2, paragraph c,
64 21 subparagraph (3), as enacted by 2015 Iowa Acts, Senate File
64 22 173, section 3, is amended to read as follows:
64 23 (3) The amount of each school district's property tax
64 24 replacement payment. Each school district's property tax
64 25 replacement payment equals the school district's weighted
64 26 enrollment for the budget year beginning July 1, 2015,
64 27 multiplied by the remainder of the amount calculated for
64 28 the school district under subparagraph (2) minus the amount
64 29 calculated for the school district under subparagraph (1).
64 30 Sec. 129. Section 257.16B, subsection 2, Code 2015, is
64 31 amended by adding the following new paragraph:
64 32 NEW PARAGRAPH. d. For each budget year beginning on
64 33 or after July 1, 2016, the department of management shall
64 34 calculate for each school district all of the following:
64 35 (1) The regular program state cost per pupil for the budget
65 1 year beginning July 1, 2012, multiplied by one hundred percent
65 2 less the regular program foundation base per pupil percentage
65 3 pursuant to section 257.1.
65 4 (2) The regular program state cost per pupil for the budget
65 5 year beginning July 1, 2016, multiplied by one hundred percent
65 6 less the regular program foundation base per pupil percentage
65 7 pursuant to section 257.1.
65 8 (3) The amount of each school district's property tax
65 9 replacement payment. Each school district's property tax
65 10 replacement payment equals the school district's weighted
65 11 enrollment for the budget year multiplied by the remainder
65 12 of the amount calculated for the school district under
65 13 subparagraph (2) minus the amount calculated for the school
65 14 district under subparagraph (1).
65 15 DIVISION XXII
65 16 CONTROLLED SUBSTANCES
65 17 Sec. 130. Section 124.201, subsection 4, Code 2015, is
65 18 amended to read as follows:
65 19 4. If any new substance is designated as a controlled
65 20 substance under federal law and notice of the designation is
65 21 given to the board, the board shall similarly designate as
65 22 controlled the new substance under this chapter after the
65 23 expiration of thirty days from publication in the federal
65 24 register of a final order designating a new substance as a
65 25 controlled substance, unless within that thirty=day period
65 26 the board objects to the new designation. In that case the
65 27 board shall publish the reasons for objection and afford
65 28 all interested parties an opportunity to be heard. At
65 29 the conclusion of the hearing the board shall announce its
65 30 decision. Upon publication of objection to a new substance
65 31 being designated as a controlled substance under this chapter
65 32 by the board, control under this chapter is stayed until the
65 33 board publishes its decision. If a substance is designated
65 34 as controlled by the board under this subsection the control
65 35 shall be considered a temporary and if, within sixty days after
66 1 the next regular session of the general assembly convenes,
66 2 the general assembly has not made the corresponding changes
66 3 in this chapter, the temporary designation of control of
66 4 the substance by the board shall be nullified amendment to
66 5 the schedules of controlled substances in this chapter. If
66 6 the board so designates a substance as controlled, which
66 7 is considered a temporary amendment to the schedules of
66 8 controlled substances in this chapter, and if the general
66 9 assembly does not amend this chapter to enact the temporary
66 10 amendment and make the enactment effective within two years
66 11 from the date the temporary amendment first became effective,
66 12 the temporary amendment is repealed by operation of law two
66 13 years from the effective date of the temporary amendment. A
66 14 temporary amendment repealed by operation of law is subject to
66 15 section 4.13 relating to the construction of statutes and the
66 16 application of a general savings provision.
66 17 Sec. 131. Section 124.204, subsection 4, Code 2015, is
66 18 amended by adding the following new paragraphs:
66 19 NEW PARAGRAPH. al. 4=methyl=N=ethylcathinone. Other names:
66 20 4=MEC, 2=(ethylamino)=1=(4=methylphenyl)propan=1=one.
66 21 NEW PARAGRAPH. am. 4=methyl=alpha=
66 22 pyrrolidinopropiophenone. Other names: 4=MePPP,
66 23 MePPP, 4=methyl=[alpha]=pyrrolidinopropiophenone,
66 24 1=(4=methylphenyl)=2=(pyrrolidin=1=yl)=propan=1=one.
66 25 NEW PARAGRAPH. an. Alpha=pyrrolidinopentiophenone.
66 26 Other names: [alpha]=PVP, [alpha]=pyrrolidinovalerophenone,
66 27 1=phenyl=2=(pyrrolidin=1=yl)pentan=1=one.
66 28 NEW PARAGRAPH. ao. Butylone. Other names: bk=MBDB,
66 29 1=(1,3=benzodioxol=5=yl)=2=(methylamino)butan=1=one.
66 30 NEW PARAGRAPH. ap. Pentedrone. Other
66 31 names: [alpha]=methylaminovalerophenone,
66 32 2=(methylamino)=1=phenylpentan=1=one.
66 33 NEW PARAGRAPH. aq. Pentylone. Other names: bk=MBDP,
66 34 1=(1,3=benzodioxol=5=yl)=2=(methylamino)pentan=1=one.
66 35 NEW PARAGRAPH. ar. 4=fluoro=N=methylcathinone.
67 1 Other names: 4=FMC, flephedrone,
67 2 1=(4=fluorophenyl)=2=(methylamino)propan=1=one.
67 3 NEW PARAGRAPH. as. 3=fluoro=N=methylcathinone. Other
67 4 names: 3=FMC, 1=(3=fluorophenyl)=2=(methylamino)propan=1=one.
67 5 NEW PARAGRAPH. at. Naphyrone. Other names:
67 6 naphthylpyrovalerone, 1=(naphthalen=2=yl)=2=(pyrrolidin=1=yl)
67 7 pentan=1=one.
67 8 NEW PARAGRAPH. au. Alpha=pyrrolidinobutiophenone. Other
67 9 names: [alpha]=PBP, 1=phenyl=2=(pyrrolidin=1=yl)butan=1=one.
67 10 Sec. 132. Section 124.204, subsection 9, Code 2015, is
67 11 amended by adding the following new paragraphs:
67 12 NEW PARAGRAPH. g. Quinolin=8=yl 1=pentyl=1H=indole=
67 13 3=carboxylate. Other names: PB=22, QUPIC.
67 14 NEW PARAGRAPH. h. Quinolin=8=yl 1=(5=fluoropentyl)=1H=
67 15 indole=3=carboxylate. Other names: 5=fluoro=PB=22, 5F=PB=22.
67 16 NEW PARAGRAPH. i. N=(1=amino=3=methyl=1=
67 17 oxobutan=2=yl)=1=(4=fluorobenzyl)=1H=indazole=3=carboxamide.
67 18 Other name: AB=FUBINACA.
67 19 NEW PARAGRAPH. j. N=(1=amino=3,3=dimethyl=1=
67 20 oxobutan=2=yl)=1=pentyl=1H=indazole=3=carboxamide. Other name:
67 21 ADB=PINACA.
67 22 Sec. 133. Section 124.208, subsection 5, paragraph a,
67 23 subparagraphs (3) and (4), Code 2015, are amended by striking
67 24 the subparagraphs.
67 25 Sec. 134. Section 124.210, subsection 2, Code 2015, is
67 26 amended by adding the following new paragraph:
67 27 NEW PARAGRAPH. c. 2=[(dimethylamino)methyl]=1=
67 28 (3=methoxyphenyl)cyclohexanol, its salts, optical and geometric
67 29 isomers, and salts of these isomers (including tramadol).
67 30 Sec. 135. Section 124.210, subsection 3, Code 2015, is
67 31 amended by adding the following new paragraphs:
67 32 NEW PARAGRAPH. bb. Alfaxalone.
67 33 NEW PARAGRAPH. bc. Suvorexant.
67 34 DIVISION XXIII
67 35 GREYHOUND RACING
68 1 Sec. 136. Section 99D.9C, subsection 2, paragraph a, Code
68 2 2015, is amended to read as follows:
68 3 a. The Iowa greyhound association shall establish an
68 4 escrow fund under its control for the receipt and deposit
68 5 of moneys transferred to the Iowa greyhound association
68 6 pursuant to section 99D.9B. The Iowa greyhound association
68 7 shall use moneys in the escrow fund to pay all reasonable
68 8 and necessary costs and fees associated with conducting live
68 9 racing and pari=mutuel wagering on simultaneously telecast
68 10 horse or dog races, including but not limited to regulatory and
68 11 administrative fees, capital improvements, purse supplements,
68 12 operational costs, obligations pursuant to any purse supplement
68 13 agreement as amended and approved by the commission, payment
68 14 of rents for leased facilities and costs of maintenance of
68 15 leased facilities, payment for products and services provided
68 16 by the licensee authorized to conduct gambling games in Dubuque
68 17 county pursuant to section 99F.4A, subsection 9, costs to
68 18 maintain the license, costs for posting a bond as required by
68 19 section 99D.10, and administrative costs and fees incurred
68 20 in connection with the pursuit of the continuation of live
68 21 greyhound racing. Notwithstanding any action taken by the
68 22 commission prior to the effective date of this Act regarding
68 23 the escrow fund created pursuant to an arbitrator decision
68 24 and award dated December 22, 1995, all moneys in the escrow
68 25 fund created pursuant to the arbitrator decision and award
68 26 shall be transferred to the escrow fund created pursuant to
68 27 this subsection and shall be administered pursuant to this
68 28 subsection. The Iowa greyhound association shall take all
68 29 action necessary to facilitate the transfer of moneys.
68 30 Sec. 137. EFFECTIVE UPON ENACTMENT. This division of this
68 31 Act, being deemed of immediate importance, takes effect upon
68 32 enactment.
68 33 DIVISION XXIV
68 34 INTERSTATE MEDICAL LICENSURE COMPACT
68 35 Sec. 138. NEW SECTION. 148G.1 Interstate medical licensure
69 1 compact.
69 2 1. Purpose.
69 3 a. In order to strengthen access to health care, and in
69 4 recognition of the advances in the delivery of health care,
69 5 the member states of the interstate medical licensure compact
69 6 have allied in common purpose to develop a comprehensive
69 7 process that complements the existing licensing and regulatory
69 8 authority of state medical boards and provides a streamlined
69 9 process that allows physicians to become licensed in multiple
69 10 states, thereby enhancing the portability of a medical license
69 11 and ensuring the safety of patients. The compact creates
69 12 another pathway for licensure and does not otherwise change
69 13 a state's existing medical practice act. The compact also
69 14 adopts the prevailing standard for licensure and affirms that
69 15 the practice of medicine occurs where the patient is located
69 16 at the time of the physician=patient encounter, and therefore,
69 17 requires the physician to be under the jurisdiction of the
69 18 state medical board where the patient is located.
69 19 b. State medical boards that participate in the compact
69 20 retain the jurisdiction to impose an adverse action against
69 21 a license to practice medicine in that state issued to a
69 22 physician through the procedures in the compact.
69 23 2. Definitions. In this compact:
69 24 a. "Bylaws" means those bylaws established by the interstate
69 25 commission pursuant to subsection 11 for its governance, or for
69 26 directing and controlling its actions and conduct.
69 27 b. "Commissioner" means the voting representative appointed
69 28 by each member board pursuant to subsection 11.
69 29 c. "Conviction" means a finding by a court that
69 30 an individual is guilty of a criminal offense through
69 31 adjudication, or entry of a plea of guilt or no contest to the
69 32 charge by the offender. Evidence of an entry of a conviction
69 33 of a criminal offense by the court shall be considered final
69 34 for purposes of disciplinary action by a member board.
69 35 d. "Expedited license" means a full and unrestricted medical
70 1 license granted by a member state to an eligible physician
70 2 through the process set forth in the compact.
70 3 e. "Interstate commission" means the interstate commission
70 4 created pursuant to this section.
70 5 f. "License" means authorization by a state for a physician
70 6 to engage in the practice of medicine, which would be unlawful
70 7 without the authorization.
70 8 g. "Medical practice act" means laws and regulations
70 9 governing the practice of allopathic and osteopathic medicine
70 10 within a member state.
70 11 h. "Member board" means a state agency in a member state
70 12 that acts in the sovereign interests of the state by protecting
70 13 the public through licensure, regulation, and education of
70 14 physicians as directed by the state government.
70 15 i. "Member state" means a state that has enacted the
70 16 compact.
70 17 j. "Offense" means a felony, gross misdemeanor, or crime of
70 18 moral turpitude.
70 19 k. "Physician" means any person who satisfies all of the
70 20 following:
70 21 (1) Is a graduate of a medical school accredited by the
70 22 liaison committee on medical education, the commission on
70 23 osteopathic college accreditation, or a medical school listed
70 24 in the international medical education directory or its
70 25 equivalent.
70 26 (2) Passed each component of the United States medical
70 27 licensing examination or the comprehensive osteopathic medical
70 28 licensing examination within three attempts, or any of its
70 29 predecessor examinations accepted by a state medical board as
70 30 an equivalent examination for licensure purposes.
70 31 (3) Successfully completed graduate medical education
70 32 approved by the accreditation council for graduate medical
70 33 education or the American osteopathic association.
70 34 (4) Holds specialty certification or a time=unlimited
70 35 specialty certificate recognized by the American board of
71 1 medical specialties or the American osteopathic association's
71 2 bureau of osteopathic specialists.
71 3 (5) Possesses a full and unrestricted license to engage in
71 4 the practice of medicine issued by a member board.
71 5 (6) Has never been convicted, received adjudication,
71 6 deferred adjudication, community supervision, or deferred
71 7 disposition for any offense by a court of appropriate
71 8 jurisdiction.
71 9 (7) Has never held a license authorizing the practice of
71 10 medicine subjected to discipline by a licensing agency in any
71 11 state, federal, or foreign jurisdiction, excluding any action
71 12 related to nonpayment of fees related to a license.
71 13 (8) Has never had a controlled substance license or permit
71 14 suspended or revoked by a state or the United States drug
71 15 enforcement administration.
71 16 (9) Is not under active investigation by a licensing agency
71 17 or law enforcement authority in any state, federal, or foreign
71 18 jurisdiction.
71 19 l. "Practice of medicine" means the clinical prevention,
71 20 diagnosis, or treatment of human disease, injury, or condition
71 21 requiring a physician to obtain and maintain a license in
71 22 compliance with the medical practice act of a member state.
71 23 m. "Rule" means a written statement by the interstate
71 24 commission promulgated pursuant to subsection 12 that is of
71 25 general applicability, implements, interprets, or prescribes
71 26 a policy or provision of the compact, or an organizational,
71 27 procedural, or practice requirement of the interstate
71 28 commission, and has the force and effect of statutory law in a
71 29 member state, and includes the amendment, repeal, or suspension
71 30 of an existing rule.
71 31 n. "State" means any state, commonwealth, district, or
71 32 territory of the United States.
71 33 o. "State of principal license" means a member state where
71 34 a physician holds a license to practice medicine and which
71 35 has been designated as such by the physician for purposes of
72 1 registration and participation in the compact.
72 2 3. Eligibility.
72 3 a. A physician must meet the eligibility requirements as
72 4 defined in subsection 2, paragraph "k", to receive an expedited
72 5 license under the terms and provisions of the compact.
72 6 b. A physician who does not meet the requirements of
72 7 subsection 2, paragraph "k", may obtain a license to practice
72 8 medicine in a member state if the individual complies with all
72 9 laws and requirements, other than the compact, relating to the
72 10 issuance of a license to practice medicine in that state.
72 11 4. Designation of state of principal license.
72 12 a. A physician shall designate a member state as the state
72 13 of principal license for purposes of registration for expedited
72 14 licensure through the compact if the physician possesses a full
72 15 and unrestricted license to practice medicine in that state,
72 16 and the state is:
72 17 (1) The state of primary residence for the physician, or
72 18 (2) The state where at least twenty=five percent of the
72 19 practice of medicine occurs, or
72 20 (3) The location of the physician's employer, or
72 21 (4) If no state qualifies under subparagraph (1),
72 22 subparagraph (2), or subparagraph (3), the state designated as
72 23 state of residence for purposes of federal income tax.
72 24 b. A physician may redesignate a member state as the state
72 25 of principal license at any time, as long as the state meets
72 26 the requirements in paragraph "a".
72 27 c. The interstate commission is authorized to develop rules
72 28 to facilitate redesignation of another member state as the
72 29 state of principal license.
72 30 5. Application and issuance of expedited licensure.
72 31 a. A physician seeking licensure through the compact shall
72 32 file an application for an expedited license with the member
72 33 board of the state selected by the physician as the state of
72 34 principal license.
72 35 b. Upon receipt of an application for an expedited
73 1 license, the member board within the state selected as
73 2 the state of principal license shall evaluate whether the
73 3 physician is eligible for expedited licensure and issue a
73 4 letter of qualification, verifying or denying the physician's
73 5 eligibility, to the interstate commission.
73 6 (1) Static qualifications, which include verification of
73 7 medical education, graduate medical education, results of any
73 8 medical or licensing examination, and other qualifications as
73 9 determined by the interstate commission through rule, shall
73 10 not be subject to additional primary source verification where
73 11 already primary source=verified by the state of principal
73 12 license.
73 13 (2) The member board within the state selected as the
73 14 state of principal license shall, in the course of verifying
73 15 eligibility, perform a criminal background check of an
73 16 applicant, including the use of the results of fingerprint or
73 17 other biometric data checks compliant with the requirements
73 18 of the federal bureau of investigation, with the exception
73 19 of federal employees who have suitability determination in
73 20 accordance with 5 C.F.R. {731.202.
73 21 (3) Appeal on the determination of eligibility shall be made
73 22 to the member state where the application was filed and shall
73 23 be subject to the law of that state.
73 24 c. Upon verification in paragraph "b", physicians eligible
73 25 for an expedited license shall complete the registration
73 26 process established by the interstate commission to receive a
73 27 license in a member state selected pursuant to paragraph "a",
73 28 including the payment of any applicable fees.
73 29 d. After receiving verification of eligibility under
73 30 paragraph "b" and any fees under paragraph "c", a member board
73 31 shall issue an expedited license to the physician. This
73 32 license shall authorize the physician to practice medicine in
73 33 the issuing state consistent with the medical practice act and
73 34 all applicable laws and regulations of the issuing member board
73 35 and member state.
74 1 e. An expedited license shall be valid for a period
74 2 consistent with the licensure period in the member state and in
74 3 the same manner as required for other physicians holding a full
74 4 and unrestricted license within the member state.
74 5 f. An expedited license obtained through the compact shall
74 6 be terminated if a physician fails to maintain a license in
74 7 the state of principal license for a nondisciplinary reason,
74 8 without redesignation of a new state of principal license.
74 9 g. The interstate commission is authorized to develop rules
74 10 regarding the application process, including payment of any
74 11 applicable fees, and the issuance of an expedited license.
74 12 6. Fees for expedited licensure.
74 13 a. A member state issuing an expedited license authorizing
74 14 the practice of medicine in that state may impose a fee for a
74 15 license issued or renewed through the compact.
74 16 b. The interstate commission is authorized to develop rules
74 17 regarding fees for expedited licenses.
74 18 7. Renewal and continued participation.
74 19 a. A physician seeking to renew an expedited license granted
74 20 in a member state shall complete a renewal process with the
74 21 interstate commission if the physician satisfies the following:
74 22 (1) Maintains a full and unrestricted license in a state of
74 23 principal license.
74 24 (2) Has not been convicted, received adjudication, deferred
74 25 adjudication, community supervision, or deferred disposition
74 26 for any offense by a court of appropriate jurisdiction.
74 27 (3) Has not had a license authorizing the practice of
74 28 medicine subject to discipline by a licensing agency in any
74 29 state, federal, or foreign jurisdiction, excluding any action
74 30 related to nonpayment of fees related to a license.
74 31 (4) Has not had a controlled substance license or permit
74 32 suspended or revoked by a state or the United States drug
74 33 enforcement administration.
74 34 b. Physicians shall comply with all continuing professional
74 35 development or continuing medical education requirements for
75 1 renewal of a license issued by a member state.
75 2 c. The interstate commission shall collect any renewal fees
75 3 charged for the renewal of a license and distribute the fees
75 4 to the applicable member board.
75 5 d. Upon receipt of any renewal fees collected in paragraph
75 6 "c", a member board shall renew the physician's license.
75 7 e. Physician information collected by the interstate
75 8 commission during the renewal process will be distributed to
75 9 all member boards.
75 10 f. The interstate commission is authorized to develop rules
75 11 to address renewal of licenses obtained through the compact.
75 12 8. Coordinated information system.
75 13 a. The interstate commission shall establish a database of
75 14 all physicians licensed, or who have applied for licensure,
75 15 under subsection 5.
75 16 b. Notwithstanding any other provision of law, member boards
75 17 shall report to the interstate commission any public action
75 18 or complaints against a licensed physician who has applied or
75 19 received an expedited license through the compact.
75 20 c. Member boards shall report disciplinary or investigatory
75 21 information determined as necessary and proper by rule of the
75 22 interstate commission.
75 23 d. Member boards may report any nonpublic complaint,
75 24 disciplinary, or investigatory information not required by
75 25 paragraph "c" to the interstate commission.
75 26 e. Member boards shall share complaint or disciplinary
75 27 information about a physician upon request of another member
75 28 board.
75 29 f. All information provided to the interstate commission or
75 30 distributed by member boards shall be confidential, filed under
75 31 seal, and used only for investigatory or disciplinary matters.
75 32 g. The interstate commission is authorized to develop rules
75 33 for mandated or discretionary sharing of information by member
75 34 boards.
75 35 9. Joint investigations.
76 1 a. Licensure and disciplinary records of physicians are
76 2 deemed investigative.
76 3 b. In addition to the authority granted to a member board by
76 4 its respective medical practice Act or other applicable state
76 5 law, a member board may participate with other member boards
76 6 in joint investigations of physicians licensed by the member
76 7 boards.
76 8 c. A subpoena issued by a member state shall be enforceable
76 9 in other member states.
76 10 d. Member boards may share any investigative, litigation, or
76 11 compliance materials in furtherance of any joint or individual
76 12 investigation initiated under the compact.
76 13 e. Any member state may investigate actual or alleged
76 14 violations of the statutes authorizing the practice of medicine
76 15 in any other member state in which a physician holds a license
76 16 to practice medicine.
76 17 10. Disciplinary actions.
76 18 a. Any disciplinary action taken by any member board against
76 19 a physician licensed through the compact shall be deemed
76 20 unprofessional conduct which may be subject to discipline
76 21 by other member boards, in addition to any violation of the
76 22 medical practice Act or regulations in that state.
76 23 b. If a license granted to a physician by the member board
76 24 in the state of principal license is revoked, surrendered,
76 25 or relinquished in lieu of discipline, or suspended, then
76 26 all licenses issued to the physician by member boards shall
76 27 automatically be placed, without further action necessary by
76 28 any member board, on the same status. If the member board
76 29 in the state of principal license subsequently reinstates
76 30 the physician's license, a license issued to the physician
76 31 by any other member board shall remain encumbered until that
76 32 respective member board takes action to reinstate the license
76 33 in a manner consistent with the medical practice Act of that
76 34 state.
76 35 c. If disciplinary action is taken against a physician by a
77 1 member board not in the state of principal license, any other
77 2 member board may deem the action conclusive as to matter of law
77 3 and fact decided and either:
77 4 (1) Impose the same or lesser sanctions against the
77 5 physician so long as such sanctions are consistent with the
77 6 medical practice Act of that state, or
77 7 (2) Pursue separate disciplinary action against the
77 8 physician under its respective medical practice Act, regardless
77 9 of the action taken in other member states.
77 10 d. If a license granted to a physician by a member board is
77 11 revoked, surrendered, or relinquished in lieu of discipline,
77 12 or suspended, then any licenses issued to the physician by
77 13 any other member boards shall be suspended, automatically and
77 14 immediately without further action necessary by the other
77 15 member boards, for ninety days upon entry of the order by the
77 16 disciplining board, to permit the member boards to investigate
77 17 the basis for the action under the medical practice Act of that
77 18 state. A member board may terminate the automatic suspension
77 19 of the license it issued prior to the completion of the
77 20 ninety=day suspension period in a manner consistent with the
77 21 medical practice Act of that state.
77 22 11. Interstate medical licensure compact commission.
77 23 a. The member states hereby create the interstate medical
77 24 licensure compact commission.
77 25 b. The purpose of the interstate commission is the
77 26 administration of the interstate medical licensure compact,
77 27 which is a discretionary state function.
77 28 c. The interstate commission shall be a body corporate
77 29 and joint agency of the member states and shall have all the
77 30 responsibilities, powers, and duties set forth in the compact,
77 31 and such additional powers as may be conferred upon it by a
77 32 subsequent concurrent action of the respective legislatures of
77 33 the member states in accordance with the terms of the compact.
77 34 d. The interstate commission shall consist of two voting
77 35 representatives appointed by each member state who shall serve
78 1 as commissioners. In states where allopathic and osteopathic
78 2 physicians are regulated by separate member boards, or if
78 3 the licensing and disciplinary authority is split between
78 4 multiple member boards within a member state, the member state
78 5 shall appoint one representative from each member board. A
78 6 commissioner shall be one of the following:
78 7 (1) An allopathic or osteopathic physician appointed to a
78 8 member board.
78 9 (2) An executive director, executive secretary, or similar
78 10 executive of a member board.
78 11 (3) A member of the public appointed to a member board.
78 12 e. The interstate commission shall meet at least once each
78 13 calendar year. A portion of this meeting shall be a business
78 14 meeting to address such matters as may properly come before
78 15 the commission, including the election of officers. The
78 16 chairperson may call additional meetings and shall call for a
78 17 meeting upon the request of a majority of the member states.
78 18 f. The bylaws may provide for meetings of the interstate
78 19 commission to be conducted by telecommunication or electronic
78 20 communication.
78 21 g. Each commissioner participating at a meeting of the
78 22 interstate commission is entitled to one vote. A majority of
78 23 commissioners shall constitute a quorum for the transaction
78 24 of business, unless a larger quorum is required by the bylaws
78 25 of the interstate commission. A commissioner shall not
78 26 delegate a vote to another commissioner. In the absence of its
78 27 commissioner, a member state may delegate voting authority for
78 28 a specified meeting to another person from that state who shall
78 29 meet the requirements of paragraph "d".
78 30 h. The interstate commission shall provide public notice
78 31 of all meetings and all meetings shall be open to the public.
78 32 The interstate commission may close a meeting, in full or
78 33 in portion, where it determines by a two=thirds vote of the
78 34 commissioners present that an open meeting would be likely to
78 35 result in one or more of the following:
79 1 (1) Relate solely to the internal personnel practices and
79 2 procedures of the interstate commission.
79 3 (2) Discuss matters specifically exempted from disclosure
79 4 by federal statute.
79 5 (3) Discuss trade secrets, commercial, or financial
79 6 information that is privileged or confidential.
79 7 (4) Involve accusing a person of a crime, or formally
79 8 censuring a person.
79 9 (5) Discuss information of a personal nature where
79 10 disclosure would constitute a clearly unwarranted invasion of
79 11 personal privacy.
79 12 (6) Discuss investigative records compiled for law
79 13 enforcement purposes.
79 14 (7) Specifically relate to the participation in a civil
79 15 action or other legal proceeding.
79 16 i. The interstate commission shall keep minutes which shall
79 17 fully describe all matters discussed in a meeting and shall
79 18 provide a full and accurate summary of actions taken, including
79 19 record of any roll call votes.
79 20 j. The interstate commission shall make its information
79 21 and official records, to the extent not otherwise designated
79 22 in the compact or by its rules, available to the public for
79 23 inspection.
79 24 k. The interstate commission shall establish an executive
79 25 committee, which shall include officers, members, and others as
79 26 determined by the bylaws. The executive committee shall have
79 27 the power to act on behalf of the interstate commission, with
79 28 the exception of rulemaking, during periods when the interstate
79 29 commission is not in session. When acting on behalf of the
79 30 interstate commission, the executive committee shall oversee
79 31 the administration of the compact including enforcement and
79 32 compliance with the provisions of the compact, its bylaws and
79 33 rules, and other such duties as necessary.
79 34 l. The interstate commission may establish other committees
79 35 for governance and administration of the compact.
80 1 12. Powers and duties of the interstate commission. The
80 2 interstate commission shall have power to perform the following
80 3 functions:
80 4 a. Oversee and maintain the administration of the compact.
80 5 b. Promulgate rules which shall be binding to the extent and
80 6 in the manner provided for in the compact.
80 7 c. Issue, upon the request of a member state or
80 8 member board, advisory opinions concerning the meaning or
80 9 interpretation of the compact, its bylaws, rules, and actions.
80 10 d. Enforce compliance with compact provisions, the rules
80 11 promulgated by the interstate commission, and the bylaws, using
80 12 all necessary and proper means, including but not limited to
80 13 the use of judicial process.
80 14 e. Establish and appoint committees including but not
80 15 limited to an executive committee as required by subsection 11,
80 16 which shall have the power to act on behalf of the interstate
80 17 commission in carrying out its powers and duties.
80 18 f. Pay, or provide for the payment of, the expenses related
80 19 to the establishment, organization, and ongoing activities of
80 20 the interstate commission.
80 21 g. Establish and maintain one or more offices.
80 22 h. Borrow, accept, hire, or contract for services of
80 23 personnel.
80 24 i. Purchase and maintain insurance and bonds.
80 25 j. Employ an executive director who shall have such
80 26 powers to employ, select, or appoint employees, agents, or
80 27 consultants, and to determine their qualifications, define
80 28 their duties, and fix their compensation.
80 29 k. Establish personnel policies and programs relating
80 30 to conflicts of interest, rates of compensation, and
80 31 qualifications of personnel.
80 32 l. Accept donations and grants of money, equipment,
80 33 supplies, materials, and services, and to receive, utilize, and
80 34 dispose of the same in a manner consistent with the conflict of
80 35 interest policies established by the interstate commission.
81 1 m. Lease, purchase, accept contributions or donations of, or
81 2 otherwise to own, hold, improve, or use, any property, real,
81 3 personal, or mixed.
81 4 n. Sell, convey, mortgage, pledge, lease, exchange, abandon,
81 5 or otherwise dispose of any property, real, personal, or mixed.
81 6 o. Establish a budget and make expenditures.
81 7 p. Adopt a seal and bylaws governing the management and
81 8 operation of the interstate commission.
81 9 q. Report annually to the legislatures and governors of
81 10 the member states concerning the activities of the interstate
81 11 commission during the preceding year. Such reports shall also
81 12 include reports of financial audits and any recommendations
81 13 that may have been adopted by the interstate commission.
81 14 r. Coordinate education, training, and public awareness
81 15 regarding the compact, its implementation, and its operation.
81 16 s. Maintain records in accordance with the bylaws.
81 17 t. Seek and obtain trademarks, copyrights, and patents.
81 18 u. Perform such functions as may be necessary or appropriate
81 19 to achieve the purposes of the compact.
81 20 13. Finance powers.
81 21 a. The interstate commission may levy on and collect an
81 22 annual assessment from each member state to cover the cost of
81 23 the operations and activities of the interstate commission and
81 24 its staff. The total assessment must be sufficient to cover
81 25 the annual budget approved each year for which revenue is not
81 26 provided by other sources. The aggregate annual assessment
81 27 amount shall be allocated upon a formula to be determined
81 28 by the interstate commission, which shall promulgate a rule
81 29 binding upon all member states.
81 30 b. The interstate commission shall not incur obligations of
81 31 any kind prior to securing the funds adequate to meet the same.
81 32 c. The interstate commission shall not pledge the credit of
81 33 any of the member states, except by, and with the authority of,
81 34 the member state.
81 35 d. The interstate commission shall be subject to a yearly
82 1 financial audit conducted by a certified or licensed public
82 2 accountant and the report of the audit shall be included in the
82 3 annual report of the interstate commission.
82 4 14. Organization and operation of the interstate commission.
82 5 a. The interstate commission shall, by a majority of
82 6 commissioners present and voting, adopt bylaws to govern its
82 7 conduct as may be necessary or appropriate to carry out the
82 8 purposes of the compact within twelve months of the first
82 9 interstate commission meeting.
82 10 b. The interstate commission shall elect or appoint annually
82 11 from among its commissioners a chairperson, a vice chairperson,
82 12 and a treasurer, each of whom shall have such authority and
82 13 duties as may be specified in the bylaws. The chairperson,
82 14 or in the chairperson's absence or disability, the vice
82 15 chairperson, shall preside at all meetings of the interstate
82 16 commission.
82 17 c. Officers selected in paragraph "b" shall serve without
82 18 remuneration from the interstate commission.
82 19 d. The officers and employees of the interstate commission
82 20 shall be immune from suit and liability, either personally or
82 21 in their official capacity, for a claim for damage to or loss
82 22 of property or personal injury or other civil liability caused
82 23 or arising out of, or relating to, an actual or alleged act,
82 24 error, or omission that occurred, or that such person had a
82 25 reasonable basis for believing occurred, within the scope of
82 26 interstate commission employment, duties, or responsibilities,
82 27 provided that such person shall not be protected from suit or
82 28 liability for damage, loss, injury, or liability caused by the
82 29 intentional or willful and wanton misconduct of such person.
82 30 (1) The liability of the executive director and employees of
82 31 the interstate commission or representatives of the interstate
82 32 commission, acting within the scope of such person's employment
82 33 or duties for acts, errors, or omissions occurring within such
82 34 person's state, may not exceed the limits of liability set
82 35 forth under the constitution and laws of that state for state
83 1 officials, employees, and agents. The interstate commission
83 2 is considered to be an instrumentality of the states for
83 3 the purposes of any such action. Nothing in this paragraph
83 4 "d" shall be construed to protect such person from suit or
83 5 liability for damage, loss, injury, or liability caused by the
83 6 intentional or willful and wanton misconduct of such person.
83 7 (2) The interstate commission shall defend the executive
83 8 director, its employees, and subject to the approval of
83 9 the attorney general or other appropriate legal counsel of
83 10 the member state represented by an interstate commission
83 11 representative, shall defend such interstate commission
83 12 representative in any civil action seeking to impose liability
83 13 arising out of an actual or alleged act, error, or omission
83 14 that occurred within the scope of interstate commission
83 15 employment, duties, or responsibilities, or that the defendant
83 16 had a reasonable basis for believing occurred within the
83 17 scope of interstate commission employment, duties, or
83 18 responsibilities, provided that the actual or alleged act,
83 19 error, or omission did not result from intentional or willful
83 20 and wanton misconduct on the part of such person.
83 21 (3) To the extent not covered by the state involved, member
83 22 state, or the interstate commission, the representatives or
83 23 employees of the interstate commission shall be held harmless
83 24 in the amount of a settlement or judgment, including attorney
83 25 fees and costs, obtained against such persons arising out of
83 26 an actual or alleged act, error, or omission that occurred
83 27 within the scope of interstate commission employment, duties,
83 28 or responsibilities, or that such persons had a reasonable
83 29 basis for believing occurred within the scope of interstate
83 30 commission employment, duties, or responsibilities, provided
83 31 that the actual or alleged act, error, or omission did not
83 32 result from intentional or willful and wanton misconduct on the
83 33 part of such persons.
83 34 15. Rulemaking functions of the interstate commission.
83 35 a. The interstate commission shall promulgate reasonable
84 1 rules in order to effectively and efficiently achieve the
84 2 purposes of the compact. Notwithstanding the foregoing, in
84 3 the event the interstate commission exercises its rulemaking
84 4 authority in a manner that is beyond the scope of the purposes
84 5 of the compact, or the powers granted hereunder, then such an
84 6 action by the interstate commission shall be invalid and have
84 7 no force or effect.
84 8 b. Rules deemed appropriate for the operations of the
84 9 interstate commission shall be made pursuant to a rulemaking
84 10 process that substantially conforms to the model state
84 11 administrative procedure Act of 2010, and subsequent amendments
84 12 thereto.
84 13 c. Not later than thirty days after a rule is promulgated,
84 14 any person may file a petition for judicial review of the
84 15 rule in the United States district court for the District
84 16 of Columbia or the federal district where the interstate
84 17 commission has its principal offices, provided that the filing
84 18 of such a petition shall not stay or otherwise prevent the
84 19 rule from becoming effective unless the court finds that the
84 20 petitioner has a substantial likelihood of success. The
84 21 court shall give deference to the actions of the interstate
84 22 commission consistent with applicable law and shall not find
84 23 the rule to be unlawful if the rule represents a reasonable
84 24 exercise of the authority granted to the interstate commission.
84 25 16. Oversight of interstate compact.
84 26 a. The executive, legislative, and judicial branches
84 27 of state government in each member state shall enforce the
84 28 compact and shall take all actions necessary and appropriate to
84 29 effectuate the compact's purposes and intent. The provisions
84 30 of the compact and the rules promulgated hereunder shall have
84 31 standing as statutory law but shall not override existing state
84 32 authority to regulate the practice of medicine.
84 33 b. All courts shall take judicial notice of the compact and
84 34 the rules in any judicial or administrative proceeding in a
84 35 member state pertaining to the subject matter of the compact
85 1 which may affect the powers, responsibilities, or actions of
85 2 the interstate commission.
85 3 c. The interstate commission shall be entitled to receive
85 4 all service of process in any such proceeding, and shall have
85 5 standing to intervene in the proceeding for all purposes.
85 6 Failure to provide service of process to the interstate
85 7 commission shall render a judgment or order void as to the
85 8 interstate commission, the compact, or promulgated rules.
85 9 17. Enforcement of interstate compact.
85 10 a. The interstate commission, in the reasonable exercise of
85 11 its discretion, shall enforce the provisions and rules of the
85 12 compact.
85 13 b. The interstate commission may, by majority vote of
85 14 the commissioners, initiate legal action in the United
85 15 States district court for the District of Columbia, or, at
85 16 the discretion of the interstate commission, in the federal
85 17 district where the interstate commission has its principal
85 18 offices, to enforce compliance with the provisions of the
85 19 compact, and its promulgated rules and bylaws, against a
85 20 member state in default. The relief sought may include
85 21 both injunctive relief and damages. In the event judicial
85 22 enforcement is necessary, the prevailing party shall be awarded
85 23 all costs of such litigation including reasonable attorney
85 24 fees.
85 25 c. The remedies herein shall not be the exclusive remedies
85 26 of the interstate commission. The interstate commission may
85 27 avail itself of any other remedies available under state law or
85 28 the regulation of a profession.
85 29 18. Default procedures.
85 30 a. The grounds for default include but are not limited
85 31 to failure of a member state to perform such obligations or
85 32 responsibilities imposed upon it by the compact, or the rules
85 33 and bylaws of the interstate commission promulgated under the
85 34 compact.
85 35 b. If the interstate commission determines that a member
86 1 state has defaulted in the performance of its obligations
86 2 or responsibilities under the compact, or the bylaws or
86 3 promulgated rules, the interstate commission shall do the
86 4 following:
86 5 (1) Provide written notice to the defaulting state and other
86 6 member states of the nature of the default, the means of curing
86 7 the default, and any action taken by the interstate commission.
86 8 The interstate commission shall specify the conditions by which
86 9 the defaulting state must cure its default.
86 10 (2) Provide remedial training and specific technical
86 11 assistance regarding the default.
86 12 c. If the defaulting state fails to cure the default, the
86 13 defaulting state shall be terminated from the compact upon an
86 14 affirmative vote of a majority of the commissioners and all
86 15 rights, privileges, and benefits conferred by the compact shall
86 16 terminate on the effective date of termination. A cure of the
86 17 default does not relieve the offending state of obligations or
86 18 liabilities incurred during the period of the default.
86 19 d. Termination of membership in the compact shall be imposed
86 20 only after all other means of securing compliance have been
86 21 exhausted. Notice of intent to terminate shall be given by
86 22 the interstate commission to the governor, the majority and
86 23 minority leaders of the defaulting state's legislature, and
86 24 each of the member states.
86 25 e. The interstate commission shall establish rules and
86 26 procedures to address licenses and physicians that are
86 27 materially impacted by the termination of a member state, or
86 28 the withdrawal of a member state.
86 29 f. The member state which has been terminated is responsible
86 30 for all dues, obligations, and liabilities incurred through
86 31 the effective date of termination including obligations, the
86 32 performance of which extends beyond the effective date of
86 33 termination.
86 34 g. The interstate commission shall not bear any costs
86 35 relating to any state that has been found to be in default or
87 1 which has been terminated from the compact, unless otherwise
87 2 mutually agreed upon in writing between the interstate
87 3 commission and the defaulting state.
87 4 h. The defaulting state may appeal the action of the
87 5 interstate commission by petitioning the United States district
87 6 court for the District of Columbia or the federal district
87 7 where the interstate commission has its principal offices. The
87 8 prevailing party shall be awarded all costs of such litigation
87 9 including reasonable attorney fees.
87 10 19. Dispute resolution.
87 11 a. The interstate commission shall attempt, upon the request
87 12 of a member state, to resolve disputes which are subject to
87 13 the compact and which may arise among member states or member
87 14 boards.
87 15 b. The interstate commission shall promulgate rules
87 16 providing for both mediation and binding dispute resolution as
87 17 appropriate.
87 18 20. Member states, effective date, and amendment.
87 19 a. Any state is eligible to become a member state of the
87 20 compact.
87 21 b. The compact shall become effective and binding upon
87 22 legislative enactment of the compact into law by no less than
87 23 seven states. Thereafter, it shall become effective and
87 24 binding on a state upon enactment of the compact into law by
87 25 that state.
87 26 c. The governors of nonmember states, or their designees,
87 27 shall be invited to participate in the activities of the
87 28 interstate commission on a nonvoting basis prior to adoption
87 29 of the compact by all states.
87 30 d. The interstate commission may propose amendments to the
87 31 compact for enactment by the member states. No amendment shall
87 32 become effective and binding upon the interstate commission and
87 33 the member states unless and until it is enacted into law by
87 34 unanimous consent of the member states.
87 35 21. Withdrawal.
88 1 a. Once effective, the compact shall continue in force and
88 2 remain binding upon each and every member state, provided that
88 3 a member state may withdraw from the compact by specifically
88 4 repealing the statute which enacted the compact into law.
88 5 b. Withdrawal from the compact shall be by the enactment
88 6 of a statute repealing the same, but shall not take effect
88 7 until one year after the effective date of such statute and
88 8 until written notice of the withdrawal has been given by the
88 9 withdrawing state to the governor of each other member state.
88 10 c. The withdrawing state shall immediately notify the
88 11 chairperson of the interstate commission in writing upon the
88 12 introduction of legislation repealing the compact in the
88 13 withdrawing state.
88 14 d. The interstate commission shall notify the other member
88 15 states of the withdrawing state's intent to withdraw within
88 16 sixty days of its receipt of notice provided under paragraph
88 17 "c".
88 18 e. The withdrawing state is responsible for all dues,
88 19 obligations, and liabilities incurred through the effective
88 20 date of withdrawal, including obligations, the performance of
88 21 which extend beyond the effective date of withdrawal.
88 22 f. Reinstatement following withdrawal of a member state
88 23 shall occur upon the withdrawing state reenacting the compact
88 24 or upon such later date as determined by the interstate
88 25 commission.
88 26 g. The interstate commission is authorized to develop
88 27 rules to address the impact of the withdrawal of a member
88 28 state on licenses granted in other member states to physicians
88 29 who designated the withdrawing member state as the state of
88 30 principal license.
88 31 22. Dissolution.
88 32 a. The compact shall dissolve effective upon the date of
88 33 the withdrawal or default of the member state which reduces the
88 34 membership in the compact to one member state.
88 35 b. Upon the dissolution of the compact, the compact becomes
89 1 null and void and shall be of no further force or effect, and
89 2 the business and affairs of the interstate commission shall be
89 3 concluded and surplus funds shall be distributed in accordance
89 4 with the bylaws.
89 5 23. Severability and construction.
89 6 a. The provisions of the compact shall be severable,
89 7 and if any phrase, clause, sentence, or provision is deemed
89 8 unenforceable, the remaining provisions of the compact shall
89 9 be enforceable.
89 10 b. The provisions of the compact shall be liberally
89 11 construed to effectuate its purposes.
89 12 c. Nothing in the compact shall be construed to prohibit the
89 13 applicability of other interstate compacts to which the states
89 14 are members.
89 15 24. Binding effect of compact and other laws.
89 16 a. Nothing herein prevents the enforcement of any other law
89 17 of a member state that is not inconsistent with the compact.
89 18 b. All laws in a member state in conflict with the compact
89 19 are superseded to the extent of the conflict.
89 20 c. All lawful actions of the interstate commission,
89 21 including all rules and bylaws promulgated by the commission,
89 22 are binding upon the member states.
89 23 d. All agreements between the interstate commission and the
89 24 member states are binding in accordance with their terms.
89 25 e. In the event any provision of the compact exceeds the
89 26 constitutional limits imposed on the legislature of any member
89 27 state, such provision shall be ineffective to the extent of the
89 28 conflict with the constitutional provision in question in that
89 29 member state.
89 30 DIVISION XXV
89 31 ENTREPRENEUR INVESTMENT AWARDS PROGRAM
89 32 Sec. 139. Section 15E.362, Code 2015, is amended by striking
89 33 the section and inserting in lieu thereof the following:
89 34 15E.362 Entrepreneur investment awards program.
89 35 1. For purposes of this division, unless the context
90 1 otherwise requires:
90 2 a. "Business development services" includes but is not
90 3 limited to corporate development services, business model
90 4 development services, business planning services, marketing
90 5 services, financial strategies and management services,
90 6 mentoring and management coaching, and networking services.
90 7 b. "Eligible entrepreneurial assistance provider" means a
90 8 person meeting the requirements of subsection 3.
90 9 c. "Financial assistance" means the same as defined in
90 10 section 15.327.
90 11 d. "Program" means the entrepreneur investment awards
90 12 program administered pursuant to this division.
90 13 2. The authority shall establish and administer an
90 14 entrepreneur investment awards program for purposes of
90 15 providing financial assistance to eligible entrepreneurial
90 16 assistance providers that provide technical and financial
90 17 assistance to entrepreneurs and start=up companies seeking to
90 18 create, locate, or expand a business in the state. Financial
90 19 assistance under the program shall be provided from the
90 20 entrepreneur investment awards program fund created in section
90 21 15E.363.
90 22 3. In order to be eligible for financial assistance under
90 23 the program an entrepreneurial assistance provider must meet
90 24 all of the following requirements:
90 25 a. The provider must have its principal place of operations
90 26 located in this state.
90 27 b. The provider must offer a comprehensive set of business
90 28 development services to emerging and early=stage innovation
90 29 companies to assist in the creation, location, growth, and
90 30 long=term success of the company in this state.
90 31 c. The business development services may be performed at the
90 32 physical location of the provider or the company.
90 33 d. The business development services may be provided in
90 34 consideration of equity participation in the company, a fee
90 35 for services, a membership agreement with the company, or any
91 1 combination thereof.
91 2 4. Entrepreneurial assistance providers may apply for
91 3 financial assistance under the program in the manner and form
91 4 prescribed by the authority.
91 5 5. The economic development authority board in its
91 6 discretion may approve, deny, or defer each application
91 7 for financial assistance under the program from persons
91 8 it determines to be an eligible entrepreneurial assistance
91 9 provider.
91 10 6. Subject to subsection 7, the amount of financial
91 11 assistance awarded to an eligible entrepreneurial assistance
91 12 provider shall be within the discretion of the authority.
91 13 7. a. The maximum amount of financial assistance awarded
91 14 to an eligible entrepreneurial assistance provider shall not
91 15 exceed two hundred thousand dollars.
91 16 b. The maximum amount of financial assistance provided under
91 17 the program shall not exceed one million dollars in a fiscal
91 18 year.
91 19 8. The authority shall award financial assistance on a
91 20 competitive basis. In making awards of financial assistance,
91 21 the authority may develop scoring criteria and establish
91 22 minimum requirements for the receipt of financial assistance
91 23 under the program. In making awards of financial assistance,
91 24 the authority may consider all of the following:
91 25 a. The business experience of the professional staff
91 26 employed or retained by the eligible entrepreneurial assistance
91 27 provider.
91 28 b. The business plan review capacity of the professional
91 29 staff of the eligible entrepreneurial assistance provider.
91 30 c. The expertise in all aspects of business disciplines
91 31 of the professional staff of the eligible entrepreneurial
91 32 assistance provider.
91 33 d. The access of the eligible entrepreneurial assistance
91 34 provider to external service providers, including legal,
91 35 accounting, marketing, and financial services.
92 1 e. The service model and likelihood of success of the
92 2 eligible entrepreneurial assistance provider and its similarity
92 3 to other successful entrepreneurial assistance providers in the
92 4 country.
92 5 f. The financial need of the eligible entrepreneurial
92 6 assistance provider.
92 7 9. Financial assistance awarded to an eligible
92 8 entrepreneurial assistance provider shall only be used for
92 9 the purpose of operating costs incurred by the eligible
92 10 entrepreneurial assistance provider in providing business
92 11 development services to emerging and early=stage innovation
92 12 companies in this state. Such financial assistance shall not
92 13 be distributed to owners or investors of the company to which
92 14 business development services are provided and shall not be
92 15 distributed to other persons assisting with the provision of
92 16 business development services to the company.
92 17 10. The authority may contract with outside service
92 18 providers for assistance with the program or may delegate
92 19 the administration of the program to the Iowa innovation
92 20 corporation pursuant to section 15.106B.
92 21 11. The authority may make client referrals to eligible
92 22 entrepreneurial assistance providers.
92 23 Sec. 140. Section 15E.363, subsection 3, Code 2015, is
92 24 amended to read as follows:
92 25 3. The Moneys credited to the fund are appropriated to
92 26 the authority and shall be used to provide grants under the
92 27 entrepreneur investment awards program established in section
92 28 15E.362 financial assistance under the program.
92 29 EXPLANATION
92 30 The inclusion of this explanation does not constitute agreement with
92 31 the explanation's substance by the members of the general assembly.
92 32 This bill relates to state and local finances by making
92 33 appropriations, providing for fees, providing for legal
92 34 responsibilities, providing for certain employee benefits,
92 35 and providing for regulatory, taxation, and properly related
93 1 matters, and including penalties and effective date and
93 2 retroactive and other applicability provisions.
93 3 STANDING APPROPRIATIONS AND RELATED MATTERS. For the budget
93 4 process applicable to FY 2016=2017, state agencies are required
93 5 to submit estimates and other expenditure information as called
93 6 for by the director of the department of management instead of
93 7 the information required under Code section 8.23.
93 8 The bill limits standing appropriations for FY 2015=2016
93 9 and FY 2016=2017 made for the following purposes: casino
93 10 wagering tax proceeds allocated for department of cultural
93 11 affairs operational support grants and community cultural
93 12 grants; payment for nonpublic school transportation; and the
93 13 enforcement of Iowa Code chapter 453D relating to tobacco
93 14 product manufacturers.
93 15 The bill limits the standing appropriation for paying
93 16 instructional support state aid to zero for FY 2015=2016 and
93 17 FY 2016=2017.
93 18 The bill reduces the standing unlimited appropriation for FY
93 19 2015=2016 made for expenses of the general assembly under Code
93 20 section 2.12.
93 21 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS. The bill
93 22 appropriates moneys to the department of corrections from the
93 23 general fund of the state for FY 2014=2015 for operations
93 24 including training and additional costs associated with the new
93 25 correctional facility located in Fort Madison. The moneys do
93 26 not revert until the close of the succeeding fiscal year and
93 27 the provision takes effect upon enactment.
93 28 The bill appropriates moneys to the department of public
93 29 health for FY 2014=2015 for purposes of providing a grant on
93 30 behalf of substance=related disorder treatment providers. The
93 31 moneys do not revert until the close of the succeeding fiscal
93 32 year and the provision takes effect upon enactment.
93 33 The bill appropriates moneys to the department of
93 34 public health for FY 2014=2015 for purposes of providing a
93 35 collaborative effort between certain entities for heart attack
94 1 patients. The moneys do not revert until the close of the
94 2 fiscal year that begins July 1, 2017, and the provision takes
94 3 effect upon enactment.
94 4 The bill requires the judicial branch to file a report with
94 5 the general assembly regarding possible efficiencies in the
94 6 collection of court debt.
94 7 The bill allows an Iowa community college that entered into
94 8 a new jobs training agreement pursuant to Code chapter 260E,
94 9 which was effective in April 2012, with an Iowa employer to
94 10 enter into a new agreement with such employer pursuant to Code
94 11 chapter 260E, which will be effective September 2015, and may
94 12 use the base employment determined in April 2012 as the base
94 13 employment for determining the new jobs eligible under the new
94 14 agreement if the base employment determined in April 2012 was
94 15 2,125 employees. The new agreement under Code chapter 260E
94 16 shall be limited to seven years from the effective date of the
94 17 agreement.
94 18 The bill eliminates a reference to salary range nine
94 19 for the executive director of the Iowa telecommunications
94 20 and technology commission and allows the salary to be set
94 21 within the applicable salary range established by the general
94 22 assembly.
94 23 Code section 43.45(3), as enacted by 2015 Iowa Acts, Senate
94 24 File 415, section 1, is amended to allow county commissioners
94 25 of elections using digital counting technology to direct the
94 26 precinct election officials to print the write=in report
94 27 containing digital images of write=in votes for delivery to the
94 28 special precinct board.
94 29 The bill creates new Code section 91A.5B to provide that an
94 30 employer shall treat an employee who chooses to adopt in the
94 31 same manner as an employee who is the biological parent of a
94 32 newborn child for purposes of employment policies, benefits,
94 33 and protections for the first year of the adoption.
94 34 The bill eliminates Code section 97A.6, subsection 11,
94 35 relating to the pensions under the public safety peace
95 1 officers' retirement, accident, and disability system being
95 2 offset amounts paid or payable to by the state under the
95 3 provisions of any workers' compensation or similar law to a
95 4 member or to the dependents of a member on account of any
95 5 disability or death.
95 6 The bill amends Code section 123.132, subsection 3, as
95 7 enacted by 2015 Iowa Acts, Senate File 456, section 1, relating
95 8 to requirements for containers of beer other than the original
95 9 container that is sold and sealed.
95 10 The bill amends Code section 136C.3 to establish a
95 11 notification requirement for mammogram reports to patients.
95 12 The bill directs the department of public health to adopt
95 13 rules that require a facility performing mammography services
95 14 to include information on breast density in reports sent to
95 15 patients pursuant to federal law and rules. If a patient
95 16 is categorized by an interpreting physician at the facility
95 17 as having heterogeneously dense breasts or extremely dense
95 18 breasts based on national standards the report to the patient
95 19 must include notice that the patient has dense breast tissue,
95 20 that this may make it more difficult to detect cancer on a
95 21 mammogram, and that it may increase the patient's risk of
95 22 breast cancer. The bill provides language that such notice
95 23 may contain. The bill's provisions are not to be construed
95 24 to modify the existing liability of a facility performing
95 25 mammography services beyond the duty to provide the breast
95 26 density information. Facilities providing mammography services
95 27 must comply with the bill's requirements by January 1, 2016.
95 28 The bill adds additional criteria for an applicant under the
95 29 teach Iowa scholar program. The bill requires an applicant to
95 30 meet all of the eligibility requirements on or after January
95 31 1, 2013. An applicant that meets the eligibility requirements
95 32 prior to January 1, 2013, is ineligible under the program.
95 33 Currently, a governmental entity cannot receive remittances
95 34 of sales tax revenue under the flood mitigation program after
95 35 20 years from the date the governmental entity's project was
96 1 approved. The bill amends Code section 418.15 to allow such
96 2 remittances to be received if calculated based on sales subject
96 3 to tax occurring before the expiration of the 20=year period.
96 4 New Code section 505.19(4A) provides that a health insurance
96 5 carrier licensed in this state that participates in the health
96 6 benefits exchange used and created in this state pursuant to
96 7 the federal Patient Protection and Affordable Care Act is
96 8 not subject to the notice and public hearing requirements
96 9 applicable to other health carriers that apply for rate
96 10 increases exceeding a specified amount. Health carriers that
96 11 participate in the Iowa health benefits exchange are required
96 12 to inform policyholders of their total premium due and any rate
96 13 increases to their premium 30 days prior to the beginning of
96 14 open enrollment for each upcoming policy year and to inform
96 15 policyholders about how to contact the insurance division with
96 16 comments about a proposed rate increase, and are subject to all
96 17 other applicable state and federal laws.
96 18 The bill amends Code section 602.1304 to increase the
96 19 maximum annual deposit amount for the enhanced court
96 20 collections fund for FY 2015=2016, FY 2016=2017, and FY
96 21 2017=2018, to $7 million; for FY 2018=2019 to $5 million; and
96 22 for FY 2019=2020, and each fiscal year thereafter to $4.5
96 23 million. Currently, the maximum annual deposit amount is $4
96 24 million.
96 25 The bill amends Code section 633.535 to provide that a
96 26 person convicted of certain felonies perpetrated against a
96 27 decedent in the six months immediately prior to the decedent's
96 28 death is not entitled, as a named beneficiary of a bond,
96 29 life insurance policy, or any other contractual arrangement,
96 30 to any benefit under the bond, policy, or other contractual
96 31 arrangement, and the benefits become payable as though the
96 32 person causing death had predeceased the decedent. However,
96 33 the bill allows such a decedent, in the six months prior to
96 34 death, to affirm by affidavit that the named beneficiary should
96 35 receive the described benefit despite the felony conviction.
97 1 The bill applies to felonies in the following Code chapters:
97 2 707 (homicide and related crimes), 708 (assault and related
97 3 offenses), 709 (sexual abuse and related sexual offenses), and
97 4 710 (kidnapping and related offenses).
97 5 The bill amends Code section 708.2A to include an assault, as
97 6 defined in Code section 708.1, that occurs between persons who
97 7 are in an intimate relationship or who have been in an intimate
97 8 relationship and who have had contact within the past year
97 9 of the assault, in the definition of domestic abuse assault
97 10 pursuant to Code section 708.2A. In determining whether
97 11 persons are or have been in an intimate relationship, the court
97 12 may consider the duration of the relationship, the frequency of
97 13 interaction, whether the relationship has been terminated, and
97 14 the nature of the relationship, characterized by either party's
97 15 expectation of sexual or romantic involvement. A person who
97 16 commits domestic abuse assault commits a simple misdemeanor,
97 17 a serious misdemeanor, an aggravated misdemeanor, or a class
97 18 "D" felony depending upon the circumstances involved in the
97 19 offense. A simple misdemeanor is punishable by confinement for
97 20 no more than 30 days or a fine of at least $65 but not more
97 21 than $625 or by both; a serious misdemeanor is punishable by
97 22 confinement for no more than one year and a fine of at least
97 23 $315 but not more than $1,875; an aggravated misdemeanor is
97 24 punishable by confinement for no more than two years and a fine
97 25 of at least $625 but not more than $6,250; and a class "D"
97 26 felony is punishable by confinement for no more than five years
97 27 and a fine of at least $750 but not more than $7,500.
97 28 The bill creates new Code section 708.11A to provide that a
97 29 person commits unauthorized placement of a global positioning
97 30 device, when, with intent to intimidate, annoy, or alarm
97 31 another person, the person, without the consent of the other
97 32 person, places a global positioning device on the other person
97 33 or an object in order to track the movements of the other
97 34 person without a legitimate purpose. A person who violates the
97 35 bill commits a serious misdemeanor. A serious misdemeanor is
98 1 punishable by confinement for no more than one year and a fine
98 2 of at least $315 but not more than $1,875.
98 3 SALARIES, COMPENSATION, AND RELATED MATTERS. The bill
98 4 allows salary adjustments to be funded using departmental
98 5 revolving, trust, or special funds for which the general
98 6 assembly has established an operating budget.
98 7 The bill requires the salaries model administrator to work
98 8 in conjunction with the legislative services agency to maintain
98 9 the state's salary model used for analyzing, comparing, and
98 10 projecting state salary and benefit information.
98 11 CORRECTIVE PROVISIONS. Code section 123.122, Code 2015,
98 12 as amended by 2015 Iowa Acts, House File 536, section 48, is
98 13 amended to change an additional instance of the word "division"
98 14 to "subchapter" in order to distinguish between references to
98 15 subunits of Code chapter 123 (subchapters) and references to
98 16 the alcoholic beverages division of the department of commerce
98 17 (division).
98 18 Code sections 227.10, 227.14, 229.1B, 229.2(1)(b)(3),
98 19 229.8(1), 229.10(1)(a), 229.11(1)(u1), 229.13(1)(a),
98 20 229.14(2)(a), 229.14A(7), 229.42(1), 230.1(3), 230.20(2)(b),
98 21 and 426B.5(2)(c), Code 2015, as amended by 2015 Iowa Acts,
98 22 Senate File 463, sections 53, 56, 59, through 66, 68, 69, 71,
98 23 and 78, are amended to correct references to the official name
98 24 of the mental health and disability services regions.
98 25 Code section 279.10(1), Code 2015, as amended by 2015 Iowa
98 26 Acts, Senate File 227, section 2, is amended to strike a
98 27 reference to a Code provision relating to a pilot program for
98 28 an innovative school year. The pilot program provision was
98 29 stricken by Senate File 227, effective April 10, 2015. This
98 30 amendment is made retroactively applicable to April 10, 2015.
98 31 Code section 459A.302(1)(a)(u1), Code 2015, as amended by
98 32 2015 Iowa Acts, House File 583, section 33, if enacted, is
98 33 amended to add a missing reference to an animal truck wash
98 34 effluent structure in a portion of a sentence that already
98 35 refers to such a structure.
99 1 Code section 459A.302(2)(a), Code 2015, as amended by 2015
99 2 Iowa Acts, House File 583, section 34, if enacted, is amended
99 3 to delete a superfluous and conflicting indefinite article
99 4 before the term "animal truck wash effluent structure", as
99 5 the definite article at the beginning of the sentence already
99 6 modifies the term.
99 7 Code section 459A.404(3)(b) and (c), if enacted by 2015 Iowa
99 8 Acts, House File 583, section 41, are amended to complete a
99 9 sentence by specifying the requirement which does not apply
99 10 when an unformed animal truck wash effluent structure is
99 11 replaced with a formed animal truck wash effluent structure.
99 12 Code section 459A.411, Code 2015, as amended by 2015 Iowa
99 13 Acts, House File 583, section 43, if enacted, is amended to
99 14 correct the verb in a sentence phrase that includes a plural
99 15 rather than a singular subject.
99 16 Code section 476.53(3)(a)(1), Code 2015, as amended by 2015
99 17 Iowa Acts, House File 535, section 61, is amended to correct
99 18 an internal reference due to elimination of an unnumbered
99 19 paragraph and the renumbering of the Code subunits in language
99 20 relating to construction or significant alteration of electric
99 21 power generating facilities.
99 22 Code section 602.3205(3)(b), if enacted by 2015 Iowa
99 23 Acts, Senate File 404, section 5, is amended to correct a
99 24 reference to audio recordings that are provided "to the board"
99 25 of examiners of shorthand reporters pursuant to this Code
99 26 provision.
99 27 Code section 602.11113, Code 2015, as amended by 2015 Iowa
99 28 Acts, House File 536, section 177, is amended to reverse the
99 29 inadvertent deletion of the preposition "to" in language
99 30 substituting the actual effective date of legislation relating
99 31 to the 1983 court system reorganization and the employment of
99 32 bailiffs as court attendants.
99 33 Code section 714.23(4A)(a), if enacted by 2015 Iowa Acts,
99 34 Senate File 501, section 2, or 2015 Iowa Acts, House File
99 35 663, section 2, is amended to insert the word "section"
100 1 inadvertently missing before a Code section numerical reference
100 2 in this provision relating to student tuition refunds.
100 3 Code section 902.1(2)(a)(u1), as enacted by 2015 Iowa
100 4 Acts, Senate File 448, section 1, is amended to replace the
100 5 inadvertent omission of the preposition "of" in language
100 6 relating to the sentencing options applicable to a defendant
100 7 convicted of murder in the first degree who was under the age
100 8 of 18 at the time the offense was committed. This amendment
100 9 is made retroactively applicable to the effective date of 2015
100 10 Iowa Acts, Senate File 448.
100 11 Code section 916.1, subsection 1, as enacted by 2015 Iowa
100 12 Acts, House File 496, section 1, is amended to reconcile the
100 13 definitions for the terms "confidential communication" and
100 14 "confidential information" as the second term and definition
100 15 further specify the type of information considered confidential
100 16 as that information relates to a confidential communication.
100 17 REIMBURSEMENT OF DEFENSE COSTS. This bill relates to the
100 18 reimbursement of certain defense costs of peace officers and
100 19 corrections officers.
100 20 Under current law, Code section 80.37 provides that
100 21 a peace officer will be reimbursed for certain defense
100 22 costs. Code section 80.37 defines "peace officer" as a
100 23 member, except a non=peace officer member, of the division
100 24 of state patrol, narcotics enforcement, state fire marshal,
100 25 or criminal investigation, including but not limited to a
100 26 gaming enforcement officer, who has passed a satisfactory
100 27 physical and mental examination, who has been duly appointed
100 28 by the department of public safety, and who is employed by any
100 29 division of the department of public safety.
100 30 Code section 80.37 provides that if an officer is charged
100 31 with the alleged commission of a public offense, based on acts
100 32 or omission within the scope of the officer's lawful duty
100 33 or authority, and the charge is dismissed or the officer is
100 34 acquitted, the officer shall be reimbursed for costs incurred
100 35 in defending the charge if the court finds that the charge
101 1 was without probable cause, filed for malicious purposes, or
101 2 was unwarranted in consideration of the circumstances. Code
101 3 section 80.37 also provides that if a court fails to award
101 4 reimbursement of defense costs to an officer, the officer may
101 5 apply for judicial review of that decision.
101 6 The bill expands the type of peace officer who is entitled
101 7 to reimbursement of certain defense costs and moves Code
101 8 section 80.37 to new Code section 80F.2. The bill adds to
101 9 the definition of "peace officer" the following: a sheriff
101 10 and sheriff's regular deputy who is subject to mandated law
101 11 enforcement training, marshal and police officer of a city,
101 12 parole officer acting pursuant to Code section 906.2, probation
101 13 officer acting pursuant to Code sections 602.7202(4) and 907.2,
101 14 peace officer employed by board of regents institutions as
101 15 set forth in Code section 262.13, conservation officer as
101 16 authorized by Code section 456A.13, employee of the department
101 17 of transportation designated as a peace officer by resolution
101 18 of the department under Code section 321.477, employee of
101 19 an aviation authority designated as a peace officer by the
101 20 authority under Code section 330A.8(16), and such person as may
101 21 be otherwise so designated by law.
101 22 The bill also provides that a corrections officer is
101 23 entitled to reimbursement of certain defense costs in the same
101 24 manner as a peace officer.
101 25 RENEWABLE FUELS INFRASTRUCTURE PROGRAM. The bill expands
101 26 the renewable fuel infrastructure program for retail motor fuel
101 27 sites by providing that state moneys may be used to finance
101 28 infrastructure associated with storing and dispensing ethanol
101 29 blended gasoline classified as E=15. The bill provides that
101 30 the infrastructure so financed must always be used to store and
101 31 dispense E=15 and during nonsummer months (from September 16 to
101 32 May 31) it must be designated as a registered fuel recognized
101 33 by the United States environmental protection agency.
101 34 STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM. The bill
101 35 establishes a state employee retirement incentive program
102 1 for eligible employees of the executive branch of the state,
102 2 including employees in the offices of statewide elective
102 3 officials, employees of a judicial district department of
102 4 correctional services, and if the board of regents approves,
102 5 employees of the state board of regents and its institutions.
102 6 The bill permits, but does not require, either the legislative
102 7 branch or the judicial branch to establish an early retirement
102 8 program consistent with the program provided to executive
102 9 branch employees in the bill. An elected official, or an
102 10 employee eligible for an enhanced sick leave conversion program
102 11 under Code section 70A.23(4) are excluded from participating
102 12 in the program. The program shall be administered by the
102 13 department of administrative services. The bill permits
102 14 eligible executive branch employees who have completed an
102 15 application for benefits under the Iowa public employees'
102 16 retirement system (IPERS) with an intended first month of
102 17 entitlement of no later than September 2015 to separate from
102 18 service with the state and receive a benefit under the program.
102 19 To receive the incentive benefit, an eligible employee must
102 20 submit an application to participate in the program by July
102 21 31, 2015, be accepted to participate in the program by the
102 22 departments of administrative services and management, separate
102 23 from state employment by August 27, 2015, and acknowledge the
102 24 employee's ineligibility to return to employment with the
102 25 state.
102 26 The bill provides that the benefit provided to an eligible
102 27 employee who participates in the program is an amount equal to
102 28 the entire value of the eligible employee's accumulated but
102 29 unused vacation plus, if the employee has at least 10 years
102 30 of state employment, $1,000 for each year of state employment
102 31 up to 25 years. The bill provides that this amount shall be
102 32 payable in five equal installments each year during November
102 33 beginning in November 2015. In addition, the bill provides
102 34 that a participant in the program, or the participant's
102 35 surviving spouse, shall receive a health insurance premium
103 1 benefit to pay the premium cost for eligible state group
103 2 health insurance for five years following the participant's
103 3 termination from state employment. However, the bill provides
103 4 that a participant shall receive the health insurance premium
103 5 benefit only when the participant is no longer eligible for,
103 6 or exhausts, the participant's available remaining value of
103 7 sick leave used to pay the state share for the participant's
103 8 continuation of state group health insurance coverage as
103 9 provided in Code section 70A.23, subsection 3.
103 10 The bill further provides that an employer shall not hire a
103 11 participant in the program for any employment.
103 12 The bill requires appropriations from the general fund
103 13 of the state to the departments and establishments of the
103 14 executive branch, but not including appropriations to the state
103 15 board of regents, for operational purposes in enactments made
103 16 for FY 2015=2016 to be reduced by an amount up to $16,130,000.
103 17 The reductions to operational appropriations shall be applied
103 18 by the department of management.
103 19 The bill appropriates moneys to the department of management
103 20 for FY 2014=2015 for reimbursing state agencies for costs
103 21 associated with the state employee retirement incentive
103 22 program. The bill provides that if the appropriated moneys
103 23 are insufficient to reimburse all such costs incurred, the
103 24 department of management shall transfer the moneys on a pro
103 25 rata basis. The moneys do not revert until the close of the
103 26 succeeding fiscal year.
103 27 The division takes effect upon enactment.>
103 28 SCHOOL AID ==== PERCENT OF GROWTH. The bill establishes a
103 29 state percent of growth of 2.625 percent for the school budget
103 30 year beginning July 1, 2015. The bill also establishes a state
103 31 percent of growth of 4 percent for the school budget year
103 32 beginning July 1, 2016.
103 33 The bill establishes a categorical state percent of growth
103 34 of 2.625 percent for the school budget year beginning July 1,
103 35 2015. The bill establishes a categorical state percent of
104 1 growth of 4 percent for the school budget year beginning July
104 2 1, 2016.
104 3 The requirements of Code section 257.8, subsections 1 and
104 4 2, regarding the enactment of bills establishing the regular
104 5 program state percent of growth and the categorical state
104 6 percent of growth within 30 days of the submission in the
104 7 year preceding the base year of the governor's budget and the
104 8 subject matter limitations of bills establishing the state
104 9 percent of growth and the categorical state percent of growth
104 10 do not apply to this division of the bill.
104 11 The division takes effect upon enactment.
104 12 APPORTIONMENT OF TRANSPORTATION FUNDS ==== APPROPRIATION. The
104 13 bill conditionally appropriates moneys from the general fund of
104 14 the state to the department of transportation an amount that a
104 15 city would have received from March 2011 until the effective
104 16 date of the division of the bill if the moneys were apportioned
104 17 according to the population requirements provided in Code
104 18 section 312.3, subsection 2, paragraph "d". The provisions
104 19 take effect upon enactment and apply retroactively to March
104 20 2011.
104 21 DRUG OVERDOSE PREVENTION. The bill relates to drug overdose
104 22 prevention and the prescription and administration of opioid
104 23 antagonists, and provides immunity from certain criminal
104 24 offenses for a person who seeks medical assistance for a person
104 25 experiencing an overdose.
104 26 The bill defines an "opioid antagonist" as a drug that binds
104 27 to opioid receptors and blocks or inhibits the effects of
104 28 opioids acting on those receptors, including but not limited
104 29 to naloxone hydrochloride or any other similarly acting drug
104 30 approved by the United States food and drug administration.
104 31 The bill provides that if an employee is provided care under
104 32 Code chapter 85 (workers' compensation), and the health care
104 33 professional providing care believes the employee is at risk of
104 34 an opioid=related overdose, the cost of a prescription for an
104 35 opioid antagonist shall be paid by the employer or insurance
105 1 carrier.
105 2 The bill provides that certain information collected or
105 3 derived from an overdose patient or overdose reporter shall
105 4 not be considered to support probable cause and shall not be
105 5 admissible as evidence against an overdose patient or overdose
105 6 reporter for certain controlled substance=related crimes.
105 7 The bill provides that a person who is a friend or family
105 8 member of, or is otherwise in position to assist, a person
105 9 at risk of an opioid=related overdose may possess an opioid
105 10 antagonist.
105 11 The bill directs the department of public health to develop
105 12 standards for recordkeeping and reporting of opioid=antagonist
105 13 use by first responders and to provide an annual report to the
105 14 general assembly with recommendations regarding the use of
105 15 opioid antagonists. The bill further directs the department
105 16 of public health to develop protocols and instructions for the
105 17 administration of an opioid antagonist and make the protocols
105 18 and instructions publicly available.
105 19 The bill provides that a health care professional otherwise
105 20 authorized to prescribe an opioid antagonist may directly, by
105 21 standing order, or through collaborative agreement, prescribe
105 22 or furnish an opioid antagonist to a person at risk of
105 23 experiencing an opioid=related overdose or to a family member
105 24 or friend of, or other person in a position to assist, a person
105 25 at risk of experiencing an opioid=related overdose. The bill
105 26 provides that a health care professional licensed to prescribe
105 27 an opioid antagonist is not subject to civil liability,
105 28 disciplinary action, or a civil or criminal penalty for
105 29 prescribing an opioid antagonist to a person whom the health
105 30 care professional reasonably believes may be in a position to
105 31 assist or administer the opioid antagonist to a person at risk
105 32 of an opioid=related overdose.
105 33 The bill provides that an emergency medical care provider
105 34 or a law enforcement officer who has been trained in the
105 35 administration of an opioid antagonist and acts with
106 1 reasonable care in administering an opioid antagonist to
106 2 another person who the emergency medical care provider or law
106 3 enforcement officer believes in good faith to be suffering an
106 4 opioid=related overdose is not subject to civil liability,
106 5 disciplinary action, or a civil or criminal penalty for an act
106 6 or omission related to or resulting from the administration.
106 7 The bill provides that a person who is not licensed to
106 8 prescribe, dispense, or administer opioid antagonists may, in
106 9 an emergency, administer an opioid antagonist if the person
106 10 believes in good faith that the other person is suffering
106 11 an opioid=related overdose. The bill further provides that
106 12 the person is not subject to civil liability, disciplinary
106 13 action, or a civil or criminal penalty for an act or omission
106 14 related to or resulting from the administration of the opioid
106 15 antagonist.
106 16 The bill directs the department of human services to include
106 17 an opioid antagonist on the medical assistance preferred drug
106 18 list. The bill provides that, under the medical assistance
106 19 program, a prescription for an opioid antagonist is not subject
106 20 to prior authorization or other utilization management if the
106 21 prescriber deems the opioid antagonist medically necessary.
106 22 COUNTY COURTHOUSES. The bill strikes a requirement that
106 23 court be held in Avoca in Pottawattamie county. The bill
106 24 repeals 1884 Iowa Acts, chapter 198, relating to the holding of
106 25 court in Avoca in Pottawattamie county.
106 26 REFUGEE FAMILY SUPPORT SERVICES. The bill establishes
106 27 a refugee family support services pilot program and makes
106 28 appropriations. The bill directs the bureau of refugee
106 29 services within the department of human services to establish
106 30 and administer the refugee family support services pilot
106 31 program to provide a grant to a state, local, or community
106 32 organization working with refugee populations for contracting
106 33 with and training multiple refugees to act as refugee community
106 34 navigators. The bill requires the grant to be used for
106 35 employment costs of a program manager and a community navigator
107 1 coordinator, and the contract and stipend costs for multiple
107 2 refugee community navigators. The bill directs the bureau
107 3 of refugee services to award one grant through a competitive
107 4 application process and to provide funding for the organization
107 5 over a three=year period. The bill requires the recipient
107 6 organization to provide the bureau with annual progress reports
107 7 and requires the bureau to present an outcomes report to the
107 8 general assembly.
107 9 The bill appropriates $750,000 from the general fund of the
107 10 state to the department of human services for FY 2014=2015 for
107 11 a pilot project in a county with a population over 350,000 as
107 12 determined by the 2010 federal decennial census, and allows the
107 13 moneys to be carried forward to the next fiscal year.
107 14 The division takes effect upon enactment.
107 15 DEPARTMENT OF MANAGEMENT ==== DUTIES. The bill transfers
107 16 duties of the department of management for targeted small
107 17 businesses and state programs for equal opportunity to
107 18 the department of administrative services. The bill makes
107 19 conforming amendments.
107 20 CLAIMS AGAINST THE STATE AND BY THE STATE. Payments
107 21 authorized by the state appeal board are paid under current law
107 22 from the appropriation or fund of original certification of the
107 23 claim. The bill provides that if such appropriation or fund
107 24 has since reverted, then such payment is from the Iowa economic
107 25 emergency fund and then the general fund of the state if the
107 26 Iowa economic emergency fund is insufficient. The bill creates
107 27 a standing unlimited appropriation from the Iowa economic
107 28 emergency fund to the state appeal board for the payment of
107 29 such claims.
107 30 STATE GEOLOGICAL SURVEY. Currently, the geological survey
107 31 of the state is created in the department of natural resources
107 32 and the director of the department of natural resources
107 33 appoints the state geologist. The bill moves the state
107 34 geological survey to the IIHR ==== hydroscience and engineering
107 35 unit of the university of Iowa college of engineering and
108 1 requires the director of the unit to appoint the state
108 2 geologist.
108 3 The bill provides that the state geological survey's mission
108 4 is to acquire information regarding mineral and water resources
108 5 in the state and to provide publications, consultant services,
108 6 and a library of databases.
108 7 The bill requires the state geological survey to cooperate
108 8 with federal and state agencies to maximize the benefits
108 9 derived from resource assessments and to expand educational and
108 10 technology transfer programs.
108 11 The bill requires the state geological survey to be located
108 12 in or in proximity to Iowa City.
108 13 The bill makes conforming amendments and provides
108 14 transitional provisions.
108 15 The bill appropriates $1 million for FY 2015=2016 and
108 16 $500,000 for FY 2016=2017 from the general fund of the state
108 17 to the university of Iowa for purposes of the state geological
108 18 survey.
108 19 The bill reduces by $1 million the appropriation to the
108 20 department of natural resources in 2015 Iowa Acts, Senate
108 21 File 494, if enacted, for the fiscal year beginning July 1,
108 22 2015, for purposes of supporting the department including
108 23 administration, regulation, and programs. The bill reduces
108 24 by $500,000 the appropriation to the department of natural
108 25 resources in 2015 Iowa Acts, Senate File 494, if enacted,
108 26 for the fiscal year beginning July 1, 2016, for purposes of
108 27 supporting the department including administration, regulation,
108 28 and programs.
108 29 REVIVAL OF USE RESTRICTIONS. The bill relates to the ability
108 30 of a common interest community to revive use restrictions.
108 31 The bill defines "common interest community" as real
108 32 estate described in a declaration with respect to which a
108 33 person, by virtue of the person's ownership of a parcel, is
108 34 obligated to pay for a share of real estate taxes, insurance
108 35 premiums, maintenance, or improvement of, or services or other
109 1 expenses related to, common elements, other parcels, or other
109 2 real estate described in the declaration. "Common interest
109 3 community" includes a cooperative under Code chapter 499A and a
109 4 horizontal property regime under Code chapter 499B.
109 5 The bill references the definition of "use restriction"
109 6 in Code section 614.24 which is a limitation or prohibition
109 7 on the rights of a landowner to make use of the landowner's
109 8 real estate, including but not limited to limitations or
109 9 prohibitions on commercial uses, rental use, parking and
109 10 storage of recreational vehicles and their attachments,
109 11 ownership of pets, outdoor domestic uses, construction and
109 12 use of accessory structures, building dimensions and colors,
109 13 building construction materials, and landscaping. "Use
109 14 restriction" does not include an easement granting a person
109 15 an affirmative right to use land in the possession of another
109 16 person including but not limited to an easement for pedestrian
109 17 or vehicular access, reasonable ingress and egress, solar
109 18 access, utilities, supporting utilities, parking areas, bicycle
109 19 paths, and water flow, an agreement between two or more parcel
109 20 owners providing for the sharing of costs and other obligations
109 21 for real estate taxes, insurance premiums, and for maintenance,
109 22 repair, improvements, services, or other costs related to
109 23 two or more parcels of real estate regardless of whether the
109 24 parties to the agreement are owners of individual lots or
109 25 incorporated or unincorporated lots or have ownership interests
109 26 in common areas in a horizontal property regime or residential
109 27 housing development, or an agreement between two or more
109 28 parcel owners for the joint use and maintenance of driveways,
109 29 party walls, landscaping, fences, wells, roads, common areas,
109 30 waterways, or bodies of water.
109 31 Under Code section 614.24, no action arising or existing
109 32 by reason of the provisions of any contract providing for use
109 33 restrictions in and to real estate may be maintained after 21
109 34 years from the recording of the contract unless a claimant has
109 35 filed a verified claim with the county recorder within the
110 1 21=year period.
110 2 The bill provides a mechanism for common interest
110 3 communities to revive use restrictions which have become barred
110 4 by operation of Code section 614.24. A proposal to revive
110 5 use restrictions may be brought by the executive board of the
110 6 homeowners' association or by petition of parcel owners who own
110 7 at least 10 percent of the affected parcels.
110 8 The bill specifies the form of the notice the executive board
110 9 shall provide to parcel owners regarding a proposal for the
110 10 revival of use restrictions. The proposal may be voted upon at
110 11 a meeting which shall be held no less than 14 days and no more
110 12 than 60 days after notice was provided to the parcel owners.
110 13 The proposal may also be voted on by written ballot. If the
110 14 vote is by written ballot, the notice must specify when ballots
110 15 are due, which must be no earlier than 14 days and no later than
110 16 60 days after the written ballots were delivered.
110 17 Upon proper notice, if the owners of a majority of the
110 18 affected parcels in the common interest community approve the
110 19 revival of lapsed use restrictions, the lapsed use restrictions
110 20 are revived as to all parcels in the common interest community.
110 21 The revived use restrictions become effective upon
110 22 recordation. The revived use restrictions are not given
110 23 retroactive applicability. Revived use restrictions may not be
110 24 enforced against a parcel if a parcel owner made a good=faith
110 25 investment that would be impaired by such enforcement and such
110 26 investment was made while the use restriction was unenforceable
110 27 under Code section 614.24 and before the use restriction was
110 28 revived under new Code chapter 564B.
110 29 The bill provides that if use restrictions are revived under
110 30 new Code chapter 564B, the 21=year limitation period under Code
110 31 chapter 614.24 begins as of the recordation date of the revived
110 32 use restrictions.
110 33 This division of the bill applies to common interest
110 34 communities created prior to, and still in existence on, July
110 35 1, 2015, and created on or after July 1, 2015.
111 1 INTEROPERABLE COMMUNICATIONS. The bill adds two new members
111 2 to the statewide interoperable communications system board,
111 3 increasing the voting members on the board to 17. One new
111 4 member shall be a representative of local emergency management
111 5 coordinators and the other new member shall be a representative
111 6 of emergency medical service providers.
111 7 HUMAN TRAFFICKING. The bill relates to human trafficking
111 8 and includes a penalty provision.
111 9 The bill requires law enforcement officers to complete
111 10 four hours of in=service training every five years related to
111 11 domestic assault, sexual assault, human trafficking, stalking,
111 12 and harassment. The in=service training must be approved by
111 13 the Iowa law enforcement academy in consultation with the Iowa
111 14 coalition against sexual assault and the Iowa coalition against
111 15 domestic violence.
111 16 The bill directs the crime victim assistance division of the
111 17 department of justice, in cooperation with other governmental
111 18 agencies and nongovernmental or community organizations, to
111 19 develop and conduct outreach, public awareness, and training
111 20 programs related to human trafficking. The programs are for
111 21 the general public, law enforcement agencies, first responders,
111 22 potential victims, and persons conducting or regularly dealing
111 23 with businesses that have a high statistical incidence of
111 24 debt bondage or forced labor or services, and are intended
111 25 to train participants to recognize and report incidents of
111 26 human trafficking and to suppress the demand that fosters
111 27 exploitation of persons and leads to human trafficking.
111 28 Under current law, the department of justice may use up to
111 29 $100,000 from the victim compensation fund to provide training
111 30 to victim service providers. The bill provides that the
111 31 department of justice may use up to $300,000 each fiscal year
111 32 to provide training programs to victim service providers, to
111 33 provide training to related professionals concerning victim
111 34 service programming, and to provide training concerning
111 35 homicide, domestic assault, sexual assault, stalking,
112 1 harassment, and human trafficking.
112 2 The bill requires the division of criminal and juvenile
112 3 justice planning of the department of human rights to collect
112 4 and maintain criminal history data on incidents related to
112 5 human trafficking, and to submit an annual report to the
112 6 general assembly concerning the collected data. The bill
112 7 defines "incidents related to human trafficking" to mean
112 8 criminal violations of Code section 710.5 (child stealing),
112 9 710.11 (purchase or sale of individual), 710A.2 (human
112 10 trafficking), 725.1(2) (prostitution), 725.2 (pimping), 725.3
112 11 (pandering), or violations of Code section 710.2 (kidnapping in
112 12 the first degree), 710.3 (kidnapping in the second degree), or
112 13 710.4 (kidnapping in the third degree) if the victim was forced
112 14 to provide labor or services or participate in commercial
112 15 sexual activity.
112 16 The bill amends the definition of "forcible felony"
112 17 to include human trafficking. "Human trafficking" means
112 18 participating in a venture to recruit, harbor, transport,
112 19 supply provisions, or obtain a person for either forced labor
112 20 or service that results in involuntary servitude, peonage,
112 21 debt bondage, or slavery, or for commercial sexual activity
112 22 through the use of force, fraud, or coercion, except that if
112 23 the trafficked person is under the age of 18, the commercial
112 24 sexual activity need not involve force, fraud, or coercion.
112 25 As an offense that is a forcible felony, a person convicted
112 26 of human trafficking would not be eligible for a suspended or
112 27 deferred sentence, or a deferred judgment.
112 28 SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
112 29 INTERNSHIP. The bill amends language relating to wages paid
112 30 to an intern under the science, technology, engineering,
112 31 and mathematics internship program to specify that an Iowa
112 32 employer may receive financial assistance from the state on a
112 33 matching basis. The bill provides that if the authority offers
112 34 financial assistance for a student at a small or medium sized
112 35 Iowa firm that is an innovative business or for a science,
113 1 technology, engineering, or mathematics student working with
113 2 an Iowa employer, for every $2 earned by the student in
113 3 wages, the employer's payment of $1 shall be matched by the
113 4 authority with $1 on a reimbursement basis. The division
113 5 requires the authority to administer the two components of the
113 6 internship program in as similar a manner as possible. The
113 7 bill authorizes the authority to adopt emergency rules for this
113 8 division of the bill. The bill takes effect upon enactment and
113 9 applies retroactively to contracts for financial assistance
113 10 entered into on or after July 1, 2014.
113 11 ANTIHARASSMENT AND ANTIBULLYING. The bill requires
113 12 the director of the department of education, subject to an
113 13 appropriation of funds by the general assembly, to ensure each
113 14 school district has access to adequate training on conducting
113 15 investigations of complaints of incidents of harassment
113 16 or bullying pursuant to Code section 280.28, the state law
113 17 relating to school antiharassment and antibullying policies,
113 18 by offering such training on an annual basis to at least one
113 19 employee per district.
113 20 The bill requires the department of education, subject to an
113 21 appropriation of funds by the general assembly, to establish
113 22 a student mentoring pilot program to explore how student
113 23 leadership can help prevent bullying and violence in schools.
113 24 The program shall promote best practices for bullying and
113 25 violence prevention for middle and high school students. The
113 26 department must establish the program in at least two middle
113 27 schools and two high schools, which shall include both urban
113 28 and rural schools. The department must establish criteria
113 29 for selection of participating schools and evaluation of the
113 30 program.
113 31 The bill modifies the definition of "electronic" under Code
113 32 section 280.28 by adding any other electronic communication
113 33 site, device, or means to the definition and by including
113 34 social networking sites as part of the term "internet=based
113 35 communications".
114 1 Under Code section 280.28, subsection 2, "harassment" and
114 2 "bullying" shall be construed to mean any electronic, written,
114 3 verbal, or physical act or conduct toward a student which is
114 4 based on any actual or perceived trait or characteristic of
114 5 the student and which creates an objectively hostile school
114 6 environment that meets one or more of certain conditions. The
114 7 bill modifies the definition of "harassment" and "bullying"
114 8 under Code section 280.28 by adding behavior or any other
114 9 distinguishing characteristic to the definition. The bill
114 10 provides that the definition of "harassment" and "bullying" is
114 11 to be construed broadly to achieve the purposes of the law.
114 12 The bill requires school antiharassment and antibullying
114 13 policies to include a procedure for the notification as soon as
114 14 practicable of the parents or guardians of the alleged targeted
114 15 students and perpetrators in a reported incident of harassment
114 16 or bullying. The procedure must include an exception to the
114 17 notification requirement if a school official or a student
114 18 whose parent or guardian would otherwise be notified reasonably
114 19 believes notification would subject the targeted student to
114 20 rejection, abuse, or neglect.
114 21 The bill grants school officials the authority to
114 22 investigate and impose school discipline or take other action
114 23 in cases of alleged incidents of harassment or bullying that
114 24 occur outside of school, off of school property, or away from
114 25 school functions or school=sponsored activities if certain
114 26 conditions are met. Those conditions are that an incident of
114 27 harassment or bullying is reported pursuant to the school's
114 28 antiharassment and antibullying policy; and that the alleged
114 29 incident of harassment or bullying has an effect on school
114 30 grounds that creates an objectively hostile school environment
114 31 that places the student in reasonable fear of harm to the
114 32 student's person or property; has a substantially detrimental
114 33 effect on the student's physical or mental health; has the
114 34 effect of substantially interfering with a student's academic
114 35 performance; or has the effect of substantially interfering
115 1 with the student's ability to participate in or benefit from
115 2 the services, activities, or privileges provided by a school.
115 3 The bill provides that a school official's investigation
115 4 and response to an alleged incident of bullying or harassment
115 5 that occurs outside of school, off of school property, or away
115 6 from a school function or school=sponsored activity may include
115 7 referring the matter to appropriate community=based agencies.
115 8 The bill provides that Code section 280.28 shall not be
115 9 construed to diminish a school administrator's discretion
115 10 to impose discipline or take other action in the case of an
115 11 unfounded incident of harassment or bullying if a student's
115 12 behavior otherwise constitutes student misconduct based on
115 13 other grounds.
115 14 Current law provides that a high school student who
115 15 participates in open enrollment in a school district other
115 16 than the student's district of residence is ineligible to
115 17 participate in varsity interscholastic athletic contests and
115 18 athletic competitions during the student's first 90 school
115 19 days of enrollment in the district. However, a student may
115 20 participate in a varsity interscholastic sport immediately upon
115 21 open enrollment under various exceptions to that requirement.
115 22 The bill adds an additional exception if a student's
115 23 district of residence determines that the student was subject
115 24 to a founded incident of harassment or bullying while attending
115 25 school in the district of residence in the current or previous
115 26 school year and both the district of residence and the other
115 27 school district agree to allow the pupil to participate
115 28 immediately in a varsity interscholastic sport.
115 29 The bill requires the department of education to convene
115 30 a public=private work group of representatives of state and
115 31 local agencies, citizens, community groups, and organizations
115 32 who have experience and expertise in the areas of antibullying
115 33 education, research, and training. The work group, after
115 34 reviewing existing research, data, and strategies, shall
115 35 provide recommendations to the department regarding matters
116 1 to enhance statewide school climate improvement and bullying
116 2 prevention, awareness, and intervention. The bill provides for
116 3 membership of the work group to be appointed by the director of
116 4 the department. When making appointments to the work group,
116 5 the director must ensure that public, nonpublic, urban, and
116 6 rural schools are adequately represented by the membership
116 7 of the work group. The work group shall also include ex
116 8 officio legislative members. The department must convene the
116 9 work group by October 1, 2015. The work group must submit
116 10 its findings and recommendations in a final report to the
116 11 department and the chairpersons and ranking members of the
116 12 senate and house education committees by December 15, 2016.
116 13 SCHOOL DISTRICT PROPERTY TAX REPLACEMENT PAYMENTS. Current
116 14 Code section 257.16B, as amended by 2015 Iowa Acts, Senate File
116 15 173, provides for school district property tax replacement
116 16 payments. Current law provides that for budget years beginning
116 17 on or after July 1, 2015, each school district's property tax
116 18 replacement payment amount is equal to the school district's
116 19 weighted enrollment for that budget year multiplied by the
116 20 difference of the following: (1) the regular program state
116 21 cost per pupil for the budget year beginning July 1, 2015,
116 22 multiplied by 100 percent less the regular program foundation
116 23 base per pupil percentage; and (2) the regular program state
116 24 cost per pupil for the budget year beginning July 1, 2012,
116 25 multiplied by 100 percent less the regular program foundation
116 26 base per pupil percentage.
116 27 The bill modifies the replacement payment calculation for
116 28 budget years beginning on or after July 1, 2016. For each
116 29 budget year beginning on or after July 1, 2016, each school
116 30 district's property tax replacement payment amount is equal to
116 31 the school district's weighted enrollment for the budget year
116 32 multiplied by the difference of the following: (1) the regular
116 33 program state cost per pupil for the budget year beginning July
116 34 1, 2016, multiplied by 100 percent less the regular program
116 35 foundation base per pupil percentage; and (2) the regular
117 1 program state cost per pupil for the budget year beginning July
117 2 1, 2012, multiplied by 100 percent less the regular program
117 3 foundation base per pupil percentage.
117 4 CONTROLLED SUBSTANCES. Under current law and in the
117 5 bill, the board of pharmacy may designate a new substance
117 6 as a controlled substance, by administrative rule, without
117 7 the general assembly amending Code chapter 124, only if the
117 8 substance is designated as a controlled substance under federal
117 9 law.
117 10 If the board of pharmacy designates a substance as
117 11 controlled, the bill specifies that the temporary designation
117 12 is considered a temporary amendment to the schedules of
117 13 controlled substances in Code chapter 124, and if the general
117 14 assembly does not amend Code chapter 124 to enact the temporary
117 15 amendment within two years from the date the temporary
117 16 amendment first became effective, the temporary amendment is
117 17 repealed by operation of law two years from the effective date
117 18 of the temporary amendment. A temporary amendment repealed by
117 19 operation of law is subject to Code section 4.13 relating to
117 20 the construction of statutes and the application of a general
117 21 savings provision.
117 22 Current law provides that if within 60 days after the next
117 23 general assembly convenes and the general assembly has not made
117 24 the corresponding changes in Code chapter 124, the temporary
117 25 designation that the substance is a controlled substance is
117 26 nullified.
117 27 The bill requires the transfer of moneys from an escrow fund
117 28 created pursuant to an arbitrator decision and award dated
117 29 December 22, 1995, to an escrow fund created pursuant to Code
117 30 section 99D.9C, subsection 2, paragraph "a".
117 31 The division takes effect upon enactment.
117 32 INTERSTATE MEDICAL LICENSURE COMPACT. The bill seeks to
117 33 enact the interstate medical licensure compact, which would
117 34 allow physicians to secure licensure in states in which they do
117 35 not hold a traditional license. Passage of the bill means Iowa
118 1 would become a compact member state. The compact shall become
118 2 effective and binding upon passage by at least seven states.
118 3 The bill recognizes the creation of an interstate medical
118 4 licensure compact commission to administer the compact. Its
118 5 commissioners would include two representatives from each
118 6 member state. The commissioners must be an allopathic or
118 7 osteopathic physician appointed to a state board, an executive
118 8 member of a state board, or a member of the public on a state
118 9 board. The interstate commission must hold at least one
118 10 meeting per year and all meetings would be open to the public,
118 11 subject to closure for specified topics. The interstate
118 12 commission must create an executive committee and may establish
118 13 other committees as necessary to govern and administer the
118 14 compact. The interstate commission will have the power to
118 15 adopt bylaws, create its own rules, enforce compliance with
118 16 its bylaws and rules, establish and maintain offices, purchase
118 17 and maintain insurance and bonds, employ an executive director
118 18 who may employ and fix compensation and duties for employees,
118 19 establish a budget and make expenditures, seek and obtain
118 20 trademarks, copyrights, and patents, and lease, buy, and sell
118 21 property, as well as other functions it deems necessary.
118 22 Physicians must designate a member state as their state of
118 23 principal license for purposes of applying for an expedited
118 24 license. An expedited license is a full and unrestricted
118 25 license granted by a member state. A physician seeking an
118 26 expedited license to practice medicine must apply to the board
118 27 of medicine in the physician's state of principal license. The
118 28 board of medicine must then verify or deny the physician's
118 29 eligibility for an expedited license to the interstate
118 30 commission. An expedited license granted to a physician shall
118 31 be terminated if the physician fails to maintain a license in
118 32 the physician's state of principal license.
118 33 The interstate commission shall have authority to establish
118 34 and maintain a database of all physicians who have applied for
118 35 an expedited license. Medical boards of member states may
119 1 participate in investigations of physicians in conjunction with
119 2 other boards of other member states. A physician subjected
119 3 to disciplinary action by any medical board of a member state
119 4 may also be subject to discipline by another member state
119 5 medical board. If a physician's license is suspended, revoked,
119 6 surrendered, or relinquished due to discipline by one medical
119 7 board of a member state, the physician's license shall be
119 8 automatically placed on the same status by other medical boards
119 9 of member states without additional disciplinary action.
119 10 The interstate commission's officers and employees shall be
119 11 immune from liability for claims of damage that occurred within
119 12 the scope of their duties. The interstate commission may
119 13 propose amendments to the compact that would become effective
119 14 upon passage by at least seven member states. The interstate
119 15 commission may initiate legal action to enforce the compact's
119 16 provisions and rules. If a member state defaults in its
119 17 performance of the compact's responsibilities, the interstate
119 18 commission shall notify the state as such and provide training
119 19 and assistance to remedy the default. If a member state fails
119 20 to cure its default, that state's rights and privileges under
119 21 the compact shall be terminated upon a vote of the majority of
119 22 commissioners.
119 23 The executive, legislative, and judicial branches of Iowa
119 24 would maintain authority to enforce the compact. The compact's
119 25 provisions would not override the state's existing authority
119 26 to regulate the practice of medicine. The board of medicine
119 27 would have jurisdiction to impose an adverse action against
119 28 a medical license issued in Iowa pursuant to the compact's
119 29 procedures. Member states may withdraw upon enactment of a
119 30 statute repealing the compact. The compact would dissolve when
119 31 membership declines to one state.
119 32 ENTREPRENEUR INVESTMENT AWARDS PROGRAM. The bill amends the
119 33 entrepreneur investment awards program administered by the EDA.
119 34 The bill strikes provisions that prohibited the EDA from making
119 35 awards under the program since July 1, 2014, and that required
120 1 the EDA by December 31, 2014, to conduct a comprehensive review
120 2 of the program and submit a report with specified information
120 3 to the governor and the general assembly.
120 4 The bill modifies the purpose of the program to be to provide
120 5 financial assistance to eligible entrepreneurial assistance
120 6 providers (provider) that provide technical and financial
120 7 assistance to entrepreneurs and start=up companies seeking
120 8 to create, locate, or expand a business in Iowa. "Financial
120 9 assistance" is defined in the bill.
120 10 The bill changes the requirements for receiving an award.
120 11 To be eligible to receive an award under current law, an
120 12 entrepreneurial assistance program must have been an Iowa=based
120 13 business, expended at least $500,000 during the previous fiscal
120 14 year to provide technical and financial assistance services
120 15 that meet the broad=based needs of entrepreneurs seeking to
120 16 create, locate, or expand a business in Iowa that intends to
120 17 derive more than 10 percent of its gross sales from markets
120 18 outside Iowa; and must have engaged and communicated with
120 19 certain other programs, funding sources, and entities for its
120 20 entrepreneur clients. The bill amends the eligibility for
120 21 receiving financial assistance to require that a provider have
120 22 its principal place of operations in Iowa and that the provider
120 23 offer a comprehensive set of business development services to
120 24 emerging and early=stage innovation companies to assist in
120 25 the creation, location, growth, and long=term success of the
120 26 company in Iowa. "Business development services" is defined in
120 27 the bill. Business development services may be performed at
120 28 the physical location of the provider or the company and may
120 29 be provided in consideration of equity participation in the
120 30 company, a fee for services, or a membership agreement with the
120 31 company.
120 32 Under current law, the EDA board could approve, deny, or
120 33 defer each application for a grant, and was required to award
120 34 grants on a first=come, first=served basis. The bill specifies
120 35 that the EDA board has the discretion to approve, deny, or
121 1 defer each application for financial assistance and that the
121 2 amount of financial assistance awarded to a provider is within
121 3 the discretion of the EDA. The bill requires the EDA to award
121 4 financial assistance on a competitive basis and allows the EDA
121 5 to develop scoring criteria and establish minimum requirements
121 6 for the receipt of a financial assistance award.
121 7 In addition to the four factors relating to the provider's
121 8 professional staff that the EDA may consider under current
121 9 law in deciding whether to award financial assistance, the
121 10 bill provides that the EDA may also consider the service model
121 11 and likelihood of success of the provider, the provider's
121 12 similarity to other successful providers in the country, and
121 13 the provider's financial need.
121 14 The bill modifies the maximum award amount for a recipient.
121 15 Under current law, a grant to an entrepreneur assistance
121 16 program cannot exceed the lesser of 25 percent of the funds
121 17 expended by the program during the previous fiscal year,
121 18 100 percent of the funds raised from certain persons by the
121 19 program during the previous fiscal year, or $200,000. The bill
121 20 provides that the amount of financial assistance awarded to any
121 21 one provider shall not exceed $200,000.
121 22 The bill modifies the permitted use of funds received under
121 23 the program. Under current law, grants are only permitted
121 24 to be used for the purpose of operating costs incurred by
121 25 the program. The bill specifies that financial assistance
121 26 awarded to a provider shall only be used for the purpose of
121 27 operating costs incurred by the provider in the provision of
121 28 business development services to emerging and early=stage
121 29 innovation companies in Iowa. The bill further requires that
121 30 such financial assistance shall not be distributed to owners
121 31 or investors of the company to which the business development
121 32 services are being provided and shall not be provided to other
121 33 persons assisting with the provision of the services.
121 34 Under current law, an entrepreneurial assistance provider is
121 35 required to accept client referrals from the EDA as a condition
122 1 of receiving a grant. The bill provides that the EDA may make
122 2 client referrals to eligible providers.
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