Senate Study Bill 1289 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for fees, providing for legal 2 responsibilities, providing for certain employee benefits, 3 and providing for regulatory, taxation, and properly related 4 matters, and including penalties and effective date and 5 retroactive and other applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2650XC (15) 86 tm/rn

S.F. _____ DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2016-2017 AND 3 FISCAL YEAR 2017-2018. 4 1. For the budget process applicable to the fiscal year 5 beginning July 1, 2016, on or before October 1, 2015, in lieu 6 of the information specified in section 8.23, subsection 1, 7 unnumbered paragraph 1, and paragraph “a”, all departments and 8 establishments of the government shall transmit to the director 9 of the department of management, on blanks to be furnished by 10 the director, estimates of their expenditure requirements, 11 including every proposed expenditure, for the ensuing fiscal 12 year, together with supporting data and explanations as called 13 for by the director of the department of management after 14 consultation with the legislative services agency. 15 2. The estimates of expenditure requirements shall be 16 in a form specified by the director of the department of 17 management, and the expenditure requirements shall include all 18 proposed expenditures and shall be prioritized by program or 19 the results to be achieved. The estimates shall be accompanied 20 by performance measures for evaluating the effectiveness of the 21 programs or results. 22 Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 23 2015-2016. Notwithstanding the standing appropriations 24 in the following designated sections for the fiscal year 25 beginning July 1, 2015, and ending June 30, 2016, the amounts 26 appropriated from the general fund of the state pursuant to 27 these sections for the following designated purposes shall not 28 exceed the following amounts: 29 1. For operational support grants and community cultural 30 grants under section 99F.11, subsection 3 , paragraph “d”, 31 subparagraph (1): 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 33 2. For payment for nonpublic school transportation under 34 section 285.2 : 35 -1- LSB 2650XC (15) 86 tm/rn 1/ 73

S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 1 If total approved claims for reimbursement for nonpublic 2 school pupil transportation exceed the amount appropriated in 3 accordance with this subsection, the department of education 4 shall prorate the amount of each approved claim. 5 3. For the enforcement of chapter 453D relating to tobacco 6 product manufacturers under section 453D.8 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 8 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 9 2016-2017. Notwithstanding the standing appropriations 10 in the following designated sections for the fiscal year 11 beginning July 1, 2016, and ending June 30, 2017, the amounts 12 appropriated from the general fund of the state pursuant to 13 these sections for the following designated purposes shall not 14 exceed the following amounts: 15 1. For operational support grants and community cultural 16 grants under section 99F.11, subsection 3 , paragraph “d”, 17 subparagraph (1): 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 19 2. For payment for nonpublic school transportation under 20 section 285.2 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 22 If total approved claims for reimbursement for nonpublic 23 school pupil transportation exceed the amount appropriated in 24 accordance with this subsection, the department of education 25 shall prorate the amount of each approved claim. 26 3. For the enforcement of chapter 453D relating to tobacco 27 product manufacturers under section 453D.8 : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 29 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— FY 2015-2016 30 —— FY 2016-2017. In lieu of the appropriation provided in 31 section 257.20, subsection 2 , the appropriation for the fiscal 32 years beginning July 1, 2015, and July 1, 2016, for paying 33 instructional support state aid under section 257.20 for such 34 fiscal years is zero. 35 -2- LSB 2650XC (15) 86 tm/rn 2/ 73

S.F. _____ Sec. 5. GENERAL ASSEMBLY. 1 1. The appropriations made pursuant to section 2.12 for the 2 expenses of the general assembly and legislative agencies for 3 the fiscal year beginning July 1, 2015, and ending June 30, 4 2016, are reduced by the following amount: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,223,452 6 2. The budgeted amounts for the general assembly and 7 legislative agencies for the fiscal year beginning July 1, 8 2015, may be adjusted to reflect the unexpended budgeted 9 amounts from the previous fiscal year. 10 DIVISION II 11 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 12 Sec. 6. DEPARTMENT OF CORRECTIONS —— APPROPRIATION. There 13 is appropriated from the general fund of the state to the 14 department of corrections for the fiscal year beginning July 15 1, 2014, and ending June 30, 2015, the following amount, or 16 so much thereof as is necessary, to be used for the purposes 17 designated: 18 For operations, including salaries, support, maintenance, 19 and miscellaneous purposes, including training and additional 20 costs associated with the new correctional facility located in 21 Fort Madison: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 23 Notwithstanding section 8.33, moneys appropriated in this 24 section that remain unencumbered or unobligated at the close of 25 the fiscal year shall not revert but shall remain available for 26 expenditure for the purposes designated until the close of the 27 succeeding fiscal year. 28 Sec. 7. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 29 from the general fund of the state to the department of public 30 health for the fiscal year beginning July 1, 2014, and ending 31 June 30, 2015, the following amount to be used for the purposes 32 designated: 33 For the public purpose of providing a grant on behalf of 34 substance-related disorder treatment providers in accordance 35 -3- LSB 2650XC (15) 86 tm/rn 3/ 73

S.F. _____ with this section: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,800,000 2 The appropriation made in this section shall be distributed 3 as a grant to an association representing the majority of 4 the nonprofit substance-related disorder treatment providers 5 licensed under section 125.13 by the department as of January 6 1, 2015, that receive federal prevention and treatment of 7 substance abuse block grant funding through the department. 8 The grant shall be used for bulk purchasing and to implement an 9 electronic health record system in the providers that receive 10 that federal grant. The electronic health record system 11 implemented with the grant shall comply with the electronic 12 health information provisions implemented pursuant to section 13 135.156 and with the mental health and disabilities services 14 system central data repository implemented pursuant to section 15 225C.6A and other data requirements under chapter 225C. Each 16 of the providers shall have the electronic health record system 17 fully operational on or before July 1, 2018. 18 Notwithstanding section 8.33, moneys appropriated in this 19 section that remain unencumbered or unobligated at the close 20 of the fiscal year for which appropriated shall not revert 21 but shall remain available for expenditure for the purposes 22 designated until the close of the succeeding fiscal year. 23 Sec. 8. HEART ATTACK TREATMENT —— APPROPRIATION. There 24 is appropriated from the general fund of the state to the 25 department of public health for the fiscal year beginning July 26 1, 2014, and ending June 30, 2015, the following amount, or 27 so much thereof as is necessary, to be used for the purposes 28 designated: 29 For a collaborative effort between the department of public 30 health, the Iowa emergency medical services association, the 31 American heart association, midwest affiliate, Iowa’s health 32 systems and hospitals, and emergency medical service providers, 33 to supplement funding received through a grant from the Leona 34 M. and Harry B. Helmsley charitable trust for a program to 35 -4- LSB 2650XC (15) 86 tm/rn 4/ 73

S.F. _____ enhance systems of care, save lives, and improve outcomes 1 for heart attack patients in rural Iowa called the mission: 2 lifeline program: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 4 Moneys appropriated under this section shall be used 5 to enhance the critical elements of an optimal ST-elevated 6 myocardial infarction (STEMI) system of care including the 7 provision of 12-lead electrocardiogram (EKG) machines, the 8 provision of a systemwide data tool for quality measurement 9 and improvement, ongoing medical provider training and STEMI 10 education, coordination of protocols for rural emergency 11 management systems and hospital personnel, the implementation 12 of regional plans for rapid transport and transfer of patients, 13 the implementation of a public education campaign on heart 14 attack signs and symptoms and the need to activate the 911 15 system, and the provision of assistance to hospitals and 16 emergency medical services providers in acquiring essential 17 electrocardiogram equipment and training. 18 Notwithstanding section 8.33, moneys appropriated in this 19 section that remain unencumbered or unobligated at the close 20 of the fiscal year for which appropriated shall not revert 21 but shall remain available for expenditure for the purposes 22 designated until the close of the fiscal year that begins July 23 1, 2017. 24 Sec. 9. DEBT COLLECTIONS. The judicial branch shall 25 evaluate and study current practice for the collection of court 26 debt. By January 1, 2016, the judicial branch shall file a 27 report with the general assembly regarding the findings of the 28 study. The report shall include any recommended changes that 29 would increase the efficiency of collection of court debt. 30 Sec. 10. IOWA NEW JOBS TRAINING AGREEMENTS. An Iowa 31 community college that entered into a new jobs training 32 agreement pursuant to chapter 260E, which was effective 33 in April 2012, with an Iowa employer may enter into a new 34 agreement with such employer pursuant to chapter 260E, 35 -5- LSB 2650XC (15) 86 tm/rn 5/ 73

S.F. _____ which will be effective September 2015, and may use the base 1 employment determined in April 2012 as the base employment 2 for determining the new jobs eligible under the new agreement 3 if the base employment determined in April 2012 was 2,125 4 employees. The new agreement under chapter 260E shall 5 be limited to seven years from the effective date of the 6 agreement. 7 Sec. 11. Section 8D.4, Code 2015, is amended to read as 8 follows: 9 8D.4 Executive director appointed. 10 The commission, in consultation with the director of 11 the department of administrative services and the chief 12 information officer, shall appoint an executive director of 13 the commission, subject to confirmation by the senate. Such 14 individual shall not serve as a member of the commission. 15 The executive director shall serve at the pleasure of the 16 commission. The executive director shall be selected primarily 17 for administrative ability and knowledge in the field, without 18 regard to political affiliation. The governor shall establish 19 the salary of the executive director within the applicable 20 salary range nine as established by the general assembly. The 21 salary and support of the executive director shall be paid from 22 funds deposited in the Iowa communications network fund. 23 Sec. 12. Section 43.45, subsection 3, as enacted by 2015 24 Iowa Acts, Senate File 415, section 1, is amended to read as 25 follows: 26 3. Notwithstanding any requirement to the contrary in 27 subsection 1 and subsection 2 , paragraph “c” , the commissioner 28 of a county using digital ballot counting technology may direct 29 the precinct election officials to tally and record write-in 30 votes at the precincts after the closing of the polls or may 31 direct the precinct election officials to sort the ballots by 32 print the write-in report containing digital images of write-in 33 votes for delivery to the special precinct board to tally and 34 record the write-in votes on any day following election day and 35 -6- LSB 2650XC (15) 86 tm/rn 6/ 73

S.F. _____ prior to the canvass by the board of supervisors under section 1 43.49 . For the purposes of this subsection “digital ballot 2 counting technology” is technology in which digital images of 3 write-in votes are printed by the precinct election officials 4 at the polling place after the close of voting. 5 Sec. 13. NEW SECTION . 91A.5B Treatment of adoptive parent 6 employees. 7 1. For purposes of this section, “adoption” means the 8 permanent placement in this state of a child by the department 9 of human services, by a licensed agency under chapter 238, by 10 an agency that meets the provisions of the interstate compact 11 in section 232.158, or by a person making an independent 12 placement according to the provisions of chapter 600. 13 2. An employer shall treat an employee who chooses to 14 adopt in the same manner as an employee who is the biological 15 parent of a newborn child for purposes of employment policies, 16 benefits, and protections for the first year of the adoption. 17 Sec. 14. Section 123.132, subsection 3, as enacted by 2015 18 Iowa Acts, Senate File 456, section 1, is amended to read as 19 follows: 20 3. A container of beer other than the original container 21 that is sold and sealed in compliance with the requirements of 22 subsection 2 and the division’s rules shall not be deemed an 23 open container subject to the requirements of sections 321.284 24 and 321.284A if the sealed container is unopened and the seal 25 has not been tampered with , and the contents of the container 26 have not been partially removed . 27 Sec. 15. Section 136C.3, subsection 10, Code 2015, is 28 amended to read as follows: 29 10. a. Adopt rules specifying the minimum training and 30 performance standards for an individual using a radiation 31 machine for mammography, and other rules necessary to 32 implement section 136C.15 . The rules shall complement federal 33 requirements applicable to similar radiation machinery and 34 shall not be less stringent than those federal requirements. 35 -7- LSB 2650XC (15) 86 tm/rn 7/ 73

S.F. _____ b. (1) Adopt rules to require that, by January 1, 2016, 1 a facility at which mammography services are performed shall 2 include information on breast density in mammogram reports sent 3 to patients pursuant to regulations implementing the federal 4 Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, 5 as amended. If a patient is categorized by an interpreting 6 physician at the facility as having heterogeneously dense 7 breasts or extremely dense breasts based on standards as 8 defined in nationally recognized guidelines or systems for 9 breast imaging reporting of mammography screening, including 10 the breast imaging reporting and data system of the American 11 college of radiology, the report to the patient shall include 12 notice that the patient has dense breast tissue, that this may 13 make it more difficult to detect cancer on a mammogram, and 14 that it may increase the patient’s risk of breast cancer. The 15 notice may contain the following language: 16 State law requires the following notification: 17 Your mammogram indicates that you have dense breast tissue. 18 Dense breast tissue may make it more difficult to evaluate the 19 results of your mammogram and may also be associated with an 20 increased risk of breast cancer. You are encouraged to consult 21 with your primary health care provider regarding the results of 22 your mammogram. Together you can best decide which additional 23 screening options may be right for you based on your mammogram 24 results, individual risk factors, or physical examination. 25 (2) Nothing in this paragraph “b” shall be construed to 26 modify the existing liability of a facility where mammography 27 services are performed beyond the duty to provide the 28 information set forth in this paragraph “b” . 29 (3) Nothing in this paragraph “b” shall be deemed to require 30 a notice or the provision of information that is inconsistent 31 with the provisions of the federal Mammography Quality 32 Standards Act of 1992, Pub. L. No. 102-539, as amended, or any 33 regulations promulgated pursuant to that Act. 34 Sec. 16. Section 418.15, subsection 1, Code 2015, is amended 35 -8- LSB 2650XC (15) 86 tm/rn 8/ 73

S.F. _____ to read as follows: 1 1. A governmental entity shall not receive remittances of 2 sales tax revenue under this chapter after twenty years from 3 the date the governmental entity’s project was approved by the 4 board unless the remittance amount is calculated under section 5 418.11 based on sales subject to the tax under section 432.2 6 occurring before the expiration of the twenty-year period . 7 Sec. 17. Section 602.1304, subsection 2, paragraph a, Code 8 2015, is amended to read as follows: 9 a. The enhanced court collections fund is created in the 10 state treasury under the authority of the supreme court. The 11 fund shall be separate from the general fund of the state and 12 the balance in the fund shall not be considered part of the 13 balance of the general fund of the state. Notwithstanding 14 section 8.33 , moneys in the fund shall not revert to the 15 general fund, unless and to the extent the total amount 16 of moneys deposited into the fund in a fiscal year would 17 exceed the maximum annual deposit amount established for 18 the collections fund by the general assembly. The initial 19 maximum annual deposit amount for a fiscal year is four million 20 dollars. Notwithstanding section 12C.7, subsection 2 , interest 21 or earnings on moneys in the collections fund shall remain in 22 the collections fund and any interest and earnings shall be in 23 addition to the maximum annual deposit amount. The maximum 24 annual deposit amount shall be the following amounts for the 25 following fiscal years: 26 (1) For the fiscal year beginning July 1, 2015, seven 27 million dollars. 28 (2) For the fiscal year beginning July 1, 2016, seven 29 million dollars. 30 (3) For the fiscal year beginning July 1, 2017, seven 31 million dollars. 32 (4) For the fiscal year beginning July 1, 2018, five million 33 dollars. 34 (5) For the fiscal year beginning July 1, 2019, and each 35 -9- LSB 2650XC (15) 86 tm/rn 9/ 73

S.F. _____ fiscal year thereafter, four million five hundred thousand 1 dollars. 2 Sec. 18. Section 633.535, Code 2015, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 4. a. A named beneficiary of a bond, 5 life insurance policy, or any other contractual arrangement 6 convicted of a felony referenced in paragraph “d” that was 7 perpetrated against the principal obligee or person upon 8 whose life the policy is issued or whose death generates the 9 benefits under any other contractual arrangement, in the six 10 months immediately prior to the obligee’s or person’s death, is 11 not entitled to any benefit under the bond, policy, or other 12 contractual arrangement. 13 b. The procedure set out in section 633.536 applies and 14 the benefits become payable as though the convicted obligee or 15 person had predeceased the decedent. 16 c. However, a principal obligee or person upon whose life 17 the policy is issued or whose death generates the benefits 18 under any other contractual arrangement, in the six months 19 immediately prior to the obligee’s or person’s death, may 20 affirm by a signed, notarized affidavit that the beneficiary 21 should receive any benefit under the bond, policy, or other 22 contractual arrangement despite a felony conviction referenced 23 in this subsection. 24 d. This subsection applies to a conviction for any of the 25 following felonies: 26 (1) Any felony contained in chapter 707. 27 (2) Any felony contained in chapter 708. 28 (3) Any felony contained in chapter 709. 29 (4) Any felony contained in chapter 710. 30 Sec. 19. Section 708.2A, subsection 1, Code 2015, is amended 31 to read as follows: 32 1. For the purposes of this chapter , “domestic abuse 33 assault” means an assault, as defined in section 708.1 , which 34 is domestic abuse as defined in section 236.2, subsection 2 , 35 -10- LSB 2650XC (15) 86 tm/rn 10/ 73

S.F. _____ paragraph “a” , “b” , “c” , or “d” , or “e” . 1 Sec. 20. NEW SECTION . 708.11A Unauthorized placement of 2 global positioning device. 3 1. A person commits unauthorized placement of a global 4 positioning device, when, with intent to intimidate, annoy, or 5 alarm another person, the person, without the consent of the 6 other person, places a global positioning device on the other 7 person or an object in order to track the movements of the 8 other person without a legitimate purpose. 9 2. A person who commits a violation of this section commits 10 a serious misdemeanor. 11 Sec. 21. EFFECTIVE UPON ENACTMENT. The following provision 12 or provisions of this division of this Act, being deemed of 13 immediate importance, take effect upon enactment: 14 1. The section of this division of this Act appropriating 15 moneys to the department of corrections for the fiscal 16 year beginning July 1, 2014, and ending June 30, 2015, for 17 operations including training and additional costs associated 18 with the new correctional facility located in Fort Madison. 19 2. The section of this division of this Act appropriating 20 moneys to the department of public health for the fiscal year 21 beginning July 1, 2014, and ending June 30, 2015, for purposes 22 of providing a grant on behalf of substance-related disorder 23 treatment providers. 24 3. The section of this division of this Act appropriating 25 moneys to the department of public health for the fiscal year 26 beginning July 1, 2014, and ending June 30, 2015, for purposes 27 of providing a collaborative effort between certain entities 28 for heart attack patients. 29 DIVISION III 30 SALARIES, COMPENSATION, AND RELATED MATTERS 31 Sec. 22. SPECIAL FUNDS. For the fiscal year beginning 32 July 1, 2015, and ending June 30, 2016, and for the fiscal 33 year beginning July 1, 2016, and ending June 30, 2017, salary 34 adjustments may be funded using departmental revolving, trust, 35 -11- LSB 2650XC (15) 86 tm/rn 11/ 73

S.F. _____ or special funds for which the general assembly has established 1 an operating budget, provided doing so does not exceed the 2 operating budget established by the general assembly. 3 Sec. 23. SALARY MODEL ADMINISTRATOR. The salary model 4 administrator shall work in conjunction with the legislative 5 services agency to maintain the state’s salary model used for 6 analyzing, comparing, and projecting state employee salary 7 and benefit information, including information relating to 8 employees of the state board of regents. The department of 9 revenue, the department of administrative services, the five 10 institutions under the jurisdiction of the state board of 11 regents, the judicial district departments of correctional 12 services, and the state department of transportation shall 13 provide salary data to the department of management and the 14 legislative services agency to operate the state’s salary 15 model. The format and frequency of provision of the salary 16 data shall be determined by the department of management and 17 the legislative services agency. The information shall be 18 used in collective bargaining processes under chapter 20 and 19 in calculating the funding needs contained within the annual 20 salary adjustment legislation. A state employee organization 21 as defined in section 20.3, subsection 4, may request 22 information produced by the model, but the information provided 23 shall not contain information attributable to individual 24 employees. 25 DIVISION IV 26 CORRECTIVE PROVISIONS 27 Sec. 24. Section 123.122, Code 2015, as amended by 2015 28 Iowa Acts, House File 536, section 48, is amended to read as 29 follows: 30 123.122 Permit or license required. 31 A person shall not manufacture for sale or sell beer at 32 wholesale or retail unless a permit is first obtained as 33 provided in this subchapter or, a liquor control license 34 authorizing the retail sale of beer is first obtained as 35 -12- LSB 2650XC (15) 86 tm/rn 12/ 73

S.F. _____ provided in division subchapter I of this chapter . A liquor 1 control license holder is not required to hold a separate class 2 “B” beer permit. 3 Sec. 25. Section 227.10, Code 2015, as amended by 2015 4 Iowa Acts, Senate File 463, section 53, is amended to read as 5 follows: 6 227.10 Transfers from county or private institutions. 7 Patients who have been admitted at public expense to 8 any institution to which this chapter is applicable may be 9 involuntarily transferred to the proper state hospital for 10 persons with mental illness in the manner prescribed by 11 sections 229.6 to 229.13 . The application required by section 12 229.6 may be filed by the administrator of the division or 13 the administrator’s designee, or by the administrator of the 14 institution where the patient is then being maintained or 15 treated. If the patient was admitted to that institution 16 involuntarily, the administrator of the division may arrange 17 and complete the transfer, and shall report it as required of a 18 chief medical officer under section 229.15, subsection 5 . The 19 transfer shall be made at the mental health and disabilities 20 disability services region’s expense, and the expense 21 recovered, as provided in section 227.7 . However, transfer 22 under this section of a patient whose expenses are payable 23 in whole or in part by a the mental health and disabilities 24 disability services region is subject to an authorization 25 for the transfer through the regional administrator for the 26 patient’s county of residence. 27 Sec. 26. Section 227.14, Code 2015, as amended by 2015 28 Iowa Acts, Senate File 463, section 56, is amended to read as 29 follows: 30 227.14 Caring for persons with mental illness from other 31 counties. 32 The regional administrator for a county that does not have 33 proper facilities for caring for persons with mental illness 34 may, with the consent of the administrator of the division, 35 -13- LSB 2650XC (15) 86 tm/rn 13/ 73

S.F. _____ provide for such care at the expense of the mental health and 1 disabilities disability services region in any convenient and 2 proper county or private institution for persons with mental 3 illness which is willing to receive the persons. 4 Sec. 27. Section 229.1B, Code 2015, as amended by 2015 5 Iowa Acts, Senate File 463, section 59, is amended to read as 6 follows: 7 229.1B Regional administrator. 8 Notwithstanding any provision of this chapter to the 9 contrary, any person whose hospitalization expenses 10 are payable in whole or in part by a mental health and 11 disabilities disability services region shall be subject to all 12 administrative requirements of the regional administrator for 13 the county. 14 Sec. 28. Section 229.2, subsection 1, paragraph b, 15 subparagraph (3), Code 2015, as amended by 2015 Iowa Acts, 16 Senate File 463, section 60, is amended to read as follows: 17 (3) As soon as is practicable after the filing of a 18 petition for juvenile court approval of the admission of the 19 minor, the juvenile court shall determine whether the minor 20 has an attorney to represent the minor in the hospitalization 21 proceeding, and if not, the court shall assign to the minor 22 an attorney. If the minor is financially unable to pay for 23 an attorney, the attorney shall be compensated by the mental 24 health and disabilities disability services region at an hourly 25 rate to be established by the regional administrator for the 26 county in which the proceeding is held in substantially the 27 same manner as provided in section 815.7 . 28 Sec. 29. Section 229.8, subsection 1, Code 2015, as amended 29 by 2015 Iowa Acts, Senate File 463, section 61, is amended to 30 read as follows: 31 1. Determine whether the respondent has an attorney 32 who is able and willing to represent the respondent in the 33 hospitalization proceeding, and if not, whether the respondent 34 is financially able to employ an attorney and capable of 35 -14- LSB 2650XC (15) 86 tm/rn 14/ 73

S.F. _____ meaningfully assisting in selecting one. In accordance with 1 those determinations, the court shall if necessary allow the 2 respondent to select, or shall assign to the respondent, an 3 attorney. If the respondent is financially unable to pay an 4 attorney, the attorney shall be compensated by the mental 5 health and disabilities disability services region at an hourly 6 rate to be established by the regional administrator for the 7 county in which the proceeding is held in substantially the 8 same manner as provided in section 815.7 . 9 Sec. 30. Section 229.10, subsection 1, paragraph a, Code 10 2015, as amended by 2015 Iowa Acts, Senate File 463, section 11 62, is amended to read as follows: 12 a. An examination of the respondent shall be conducted by 13 one or more licensed physicians, as required by the court’s 14 order, within a reasonable time. If the respondent is detained 15 pursuant to section 229.11, subsection 1 , paragraph “b” , 16 the examination shall be conducted within twenty-four hours. 17 If the respondent is detained pursuant to section 229.11, 18 subsection 1 , paragraph “a” or “c” , the examination shall 19 be conducted within forty-eight hours. If the respondent 20 so desires, the respondent shall be entitled to a separate 21 examination by a licensed physician of the respondent’s own 22 choice. The reasonable cost of the examinations shall, if the 23 respondent lacks sufficient funds to pay the cost, be paid by 24 the regional administrator from mental health and disabilities 25 disability services region funds upon order of the court. 26 Sec. 31. Section 229.11, subsection 1, unnumbered paragraph 27 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, 28 section 63, is amended to read as follows: 29 If the applicant requests that the respondent be taken into 30 immediate custody and the judge, upon reviewing the application 31 and accompanying documentation, finds probable cause to believe 32 that the respondent has a serious mental impairment and is 33 likely to injure the respondent or other persons if allowed 34 to remain at liberty, the judge may enter a written order 35 -15- LSB 2650XC (15) 86 tm/rn 15/ 73

S.F. _____ directing that the respondent be taken into immediate custody 1 by the sheriff or the sheriff’s deputy and be detained until 2 the hospitalization hearing. The hospitalization hearing shall 3 be held no more than five days after the date of the order, 4 except that if the fifth day after the date of the order is 5 a Saturday, Sunday, or a holiday, the hearing may be held 6 on the next succeeding business day. If the expenses of a 7 respondent are payable in whole or in part by a mental health 8 and disabilities disability services region, for a placement in 9 accordance with paragraph “a” , the judge shall give notice of 10 the placement to the regional administrator for the county in 11 which the court is located, and for a placement in accordance 12 with paragraph “b” or “c” , the judge shall order the placement 13 in a hospital or facility designated through the regional 14 administrator. The judge may order the respondent detained for 15 the period of time until the hearing is held, and no longer, 16 in accordance with paragraph “a” , if possible, and if not then 17 in accordance with paragraph “b” , or, only if neither of these 18 alternatives is available, in accordance with paragraph “c” . 19 Detention may be: 20 Sec. 32. Section 229.13, subsection 1, paragraph a, Code 21 2015, as amended by 2015 Iowa Acts, Senate File 463, section 22 64, is amended to read as follows: 23 a. The court shall order a respondent whose expenses 24 are payable in whole or in part by a mental health and 25 disabilities disability services region placed under the care 26 of an appropriate hospital or facility designated through the 27 county’s regional administrator on an inpatient or outpatient 28 basis. 29 Sec. 33. Section 229.14, subsection 2, paragraph a, Code 30 2015, as amended by 2015 Iowa Acts, Senate File 463, section 31 65, is amended to read as follows: 32 a. For a respondent whose expenses are payable in whole 33 or in part by a mental health and disabilities disability 34 services region, placement as designated through the county’s 35 -16- LSB 2650XC (15) 86 tm/rn 16/ 73

S.F. _____ regional administrator in the care of an appropriate hospital 1 or facility on an inpatient or outpatient basis, or other 2 appropriate treatment, or in an appropriate alternative 3 placement. 4 Sec. 34. Section 229.14A, subsection 7, Code 2015, as 5 amended by 2015 Iowa Acts, Senate File 463, section 66, is 6 amended to read as follows: 7 7. If a respondent’s expenses are payable in whole or in 8 part by a mental health and disabilities disability services 9 region through the county’s regional administrator, notice of 10 a placement hearing shall be provided to the county attorney 11 and the regional administrator. At the hearing, the county may 12 present evidence regarding appropriate placement. 13 Sec. 35. Section 229.42, subsection 1, Code 2015, as amended 14 by 2015 Iowa Acts, Senate File 463, section 68, is amended to 15 read as follows: 16 1. If a person wishing to make application for voluntary 17 admission to a mental hospital established by chapter 226 is 18 unable to pay the costs of hospitalization or those responsible 19 for the person are unable to pay the costs, application for 20 authorization of voluntary admission must be made through a 21 regional administrator before application for admission is 22 made to the hospital. The person’s county of residence shall 23 be determined through the regional administrator and if the 24 admission is approved through the regional administrator, 25 the person’s admission to a mental health hospital shall be 26 authorized as a voluntary case. The authorization shall be 27 issued on forms provided by the department of human services’ 28 administrator. The costs of the hospitalization shall be paid 29 by the county of residence through the regional administrator 30 to the department of human services and credited to the general 31 fund of the state, provided that the mental health hospital 32 rendering the services has certified to the county auditor 33 of the county of residence and the regional administrator 34 the amount chargeable to the mental health and disabilities 35 -17- LSB 2650XC (15) 86 tm/rn 17/ 73

S.F. _____ disability services region and has sent a duplicate statement 1 of the charges to the department of human services. A mental 2 health and disabilities disability services region shall not be 3 billed for the cost of a patient unless the patient’s admission 4 is authorized through the regional administrator. The mental 5 health institute and the regional administrator shall work 6 together to locate appropriate alternative placements and 7 services, and to educate patients and family members of 8 patients regarding such alternatives. 9 Sec. 36. Section 230.1, subsection 3, Code 2015, as amended 10 by 2015 Iowa Acts, Senate File 463, section 69, is amended to 11 read as follows: 12 3. A mental health and disabilities disability services 13 region or county of residence is not liable for costs and 14 expenses associated with a person with mental illness unless 15 the costs and expenses are for services and other support 16 authorized for the person through the county’s regional 17 administrator. For the purposes of this chapter , “regional 18 administrator” means the same as defined in section 331.388 . 19 Sec. 37. Section 230.20, subsection 2, paragraph b, Code 20 2015, as amended by 2015 Iowa Acts, Senate File 463, section 21 71, is amended to read as follows: 22 b. The per diem costs billed to each mental health and 23 disabilities disability services region shall not exceed 24 the per diem costs billed to the county in the fiscal year 25 beginning July 1, 1996. However, the per diem costs billed to 26 a mental health and disabilities disability services region 27 may be adjusted annually to reflect increased costs, to the 28 extent of the percentage increase in the statewide per capita 29 expenditure target amount, if any per capita growth amount 30 is authorized by the general assembly for the fiscal year in 31 accordance with section 426B.3 . 32 Sec. 38. Section 279.10, subsection 1, Code 2015, as amended 33 by 2015 Iowa Acts, Senate File 227, section 2, is amended to 34 read as follows: 35 -18- LSB 2650XC (15) 86 tm/rn 18/ 73