House File 2473 H-8328 Amend the amendment, H-8315, to House File 2473 as 1 follows: 2 1. By striking page 1, line 1, through page 22, 3 line 28, and inserting: 4 < Amend House File 2473 as follows: 5 ___. By striking everything after the enacting 6 clause and inserting: 7 < DIVISION I 8 STANDING APPROPRIATIONS AND RELATED MATTERS 9 Section 1. 2013 Iowa Acts, chapter 140, is amended 10 by adding the following new section: 11 NEW SECTION . SEC. 1A. BUDGET PROCESS FOR FISCAL 12 YEAR 2015-2016. 13 1. For the budget process applicable to the fiscal 14 year beginning July 1, 2015, on or before October 1, 15 2014, in lieu of the information specified in section 16 8.23, subsection 1, unnumbered paragraph 1, and 17 paragraph “a”, all departments and establishments of 18 the government shall transmit to the director of the 19 department of management, on blanks to be furnished 20 by the director, estimates of their expenditure 21 requirements, including every proposed expenditure, for 22 the ensuing fiscal year, together with supporting data 23 and explanations as called for by the director of the 24 department of management after consultation with the 25 legislative services agency. 26 2. The estimates of expenditure requirements 27 shall be in a form specified by the director of 28 the department of management, and the expenditure 29 requirements shall include all proposed expenditures 30 and shall be prioritized by program or the results to 31 be achieved. The estimates shall be accompanied by 32 performance measures for evaluating the effectiveness 33 of the programs or results. 34 Sec. 2. 2013 Iowa Acts, chapter 140, is amended by 35 adding the following new section: 36 NEW SECTION . SEC. 3A. GENERAL ASSEMBLY. 37 1. The appropriations made pursuant to section 38 2.12 for the expenses of the general assembly and 39 legislative agencies for the fiscal year beginning July 40 1, 2014, and ending June 30, 2015, are reduced by the 41 following amount: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 43 2. The budgeted amounts for the general assembly 44 for the fiscal year beginning July 1, 2014, may be 45 adjusted to reflect unexpended budgeted amounts from 46 the previous fiscal year. 47 Sec. 3. 2013 Iowa Acts, chapter 140, section 6, is 48 amended to read as follows: 49 SEC. 6. LIMITATIONS OF STANDING APPROPRIATIONS 50 -1- H8315.4335 (1) 85 tm/jp 1/ 26 #1.
—— FY 2014-2015. Notwithstanding the standing 1 appropriations in the following designated sections for 2 the fiscal year beginning July 1, 2014, and ending June 3 30, 2015, the amounts appropriated from the general 4 fund of the state pursuant to these sections for the 5 following designated purposes shall not exceed the 6 following amounts: 7 1. For operational support grants and community 8 cultural grants under section 99F.11, subsection 3 , 9 paragraph “d”, subparagraph (1): 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 11 416,702 12 2. For regional tourism marketing under section 13 99F.11, subsection 3 , paragraph “d”, subparagraph (2): 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 582,000 15 3. For payment for nonpublic school transportation 16 under section 285.2 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 18 If total approved claims for reimbursement for 19 nonpublic school pupil transportation exceed the amount 20 appropriated in accordance with this subsection, the 21 department of education shall prorate the amount of 22 each approved claim. 23 4. For the enforcement of chapter 453D relating to 24 tobacco product manufacturers under section 453D.8 : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 26 18,416 27 Sec. 4. Section 257.35, Code 2014, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION . 8A. Notwithstanding subsection 1, 30 and in addition to the reduction applicable pursuant 31 to subsection 2, the state aid for area education 32 agencies and the portion of the combined district cost 33 calculated for these agencies for the fiscal year 34 beginning July 1, 2014, and ending June 30, 2015, shall 35 be reduced by the department of management by thirteen 36 million dollars. The reduction for each area education 37 agency shall be prorated based on the reduction that 38 the agency received in the fiscal year beginning July 39 1, 2003. 40 DIVISION II 41 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 42 Sec. 5. UNIVERSITY OF NORTHERN IOWA. There is 43 appropriated from the general fund of the state to the 44 state board of regents for the fiscal year beginning 45 July 1, 2014, and ending June 30, 2015, the following 46 amount, or so much thereof as is necessary, to be used 47 for the purposes designated: 48 For the university of northern Iowa for salaries, 49 support, maintenance, equipment, financial aid, and 50 -2- H8315.4335 (1) 85 tm/jp 2/ 26
miscellaneous purposes and to supplement appropriations 1 made for the same purposes in 2014 Iowa Acts, Senate 2 File 2347, if enacted: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,775,000 4 Sec. 6. AIR QUALITY PROGRAM APPROPRIATION. 5 There is appropriated from the general fund of the 6 state to the department of natural resources for the 7 fiscal year beginning July 1, 2013, and ending June 30, 8 2014, the following amount, or so much thereof as is 9 necessary, to be used for the purposes designated: 10 For purposes of supporting the air quality program, 11 including salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 1. Notwithstanding section 8.33, moneys 15 appropriated in this section that remain unencumbered 16 or unobligated at the close of the fiscal year shall 17 not revert but shall remain available for expenditure 18 for the purposes designated until the close of the 19 fiscal year beginning July 1, 2015. 20 2. The moneys appropriated in this section shall 21 not be transferred, expended, obligated, or otherwise 22 encumbered by the department until the department 23 submits, by October 15, 2014, a report approved by the 24 air quality program task force, if enacted by 2014 Iowa 25 Acts, House File 2458. 26 Sec. 7. VETERANS. 27 1. There is appropriated from the general fund of 28 the state to the department of workforce development 29 for the fiscal year beginning July 1, 2014, and 30 ending June 30, 2015, the following amount, or so much 31 thereof as is necessary, to be used for the purposes 32 designated: 33 For funding research linking military occupational 34 education, training, and service to existing licensing 35 requirements in this state, for funding implementation 36 of this Act, and for meeting additional demand for 37 workforce development services provided to veterans: 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 39 2. There is appropriated from the general fund of 40 the state to the department of workforce development 41 for the fiscal year beginning July 1, 2014, and 42 ending June 30, 2015, the following amount, or so much 43 thereof as is necessary, to be used for the purposes 44 designated: 45 For awarding a grant, in the amount appropriated, 46 to a nonprofit workforce services foundation exempt 47 from federal taxation under section 501(c)(3) of the 48 Internal Revenue Code that is administered by an agency 49 of this state for the purposes of paying for the direct 50 -3- H8315.4335 (1) 85 tm/jp 3/ 26
expenses of marketing this state to veterans through 1 public-private partnerships: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 3 Sec. 8. BUILDING CODE COMMISSIONER. There is 4 appropriated from the general fund of the state to 5 the department of public safety for the fiscal year 6 beginning July 1, 2014, and ending June 30, 2015, the 7 following amount, or so much thereof as is necessary, 8 to be used for the purposes designated: 9 For purposes of installation inspection duties under 10 chapter 103A, division IV: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 12 Sec. 9. FOOD SECURITY FOR OLDER INDIVIDUALS. There 13 is appropriated from the general fund of the state to 14 the department on aging for the fiscal year beginning 15 July 1, 2014, and ending June 30, 2015, the following 16 amount, or so much thereof as is necessary, to be used 17 for the purposes designated: 18 To award to each area agency on aging designated 19 under section 231.32 in the proportion that the 20 estimated amount of older individuals in Iowa served by 21 that area agency on aging bears to the total estimated 22 amount of older individuals in Iowa, to be used to 23 provide congregate meals and home-delivered meals to 24 food-insecure older individuals in Iowa: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 26 Sec. 10. Section 8.9, subsection 2, paragraph a, 27 Code 2014, is amended to read as follows: 28 a. All grant applications submitted and grant 29 moneys received by a department on behalf of the state 30 shall be reported to the office of grants enterprise 31 management. The office shall by January 31 December 32 1 of each year submit to the fiscal services division 33 of the legislative services agency a written report 34 listing all grants received during the previous 35 calendar most recently completed federal fiscal year 36 with a value over one thousand dollars and the funding 37 entity and purpose for each grant. However, the 38 reports on grants filed by the state board of regents 39 pursuant to section 8.44 shall be deemed sufficient to 40 comply with the requirements of this subsection . In 41 addition, each department shall submit and the office 42 shall report, as applicable, for each grant applied 43 for or received and other federal moneys received 44 the expected duration of the grant or the other 45 moneys, maintenance of effort or other matching fund 46 requirements throughout and following the period of the 47 grant or the other moneys, the sources of the federal 48 funding and any match funding, any policy, program, or 49 operational requirement associated with receipt of the 50 -4- H8315.4335 (1) 85 tm/jp 4/ 26
funding, a status report on changes anticipated in the 1 federal requirements associated with the grant or other 2 federal funding during the fiscal year in progress and 3 the succeeding fiscal year, and any other information 4 concerning the grant or other federal funding that 5 would be helpful in the development of policy or 6 budget decisions. The fiscal services division of 7 the legislative services agency shall compile the 8 information received for consideration by the standing 9 joint appropriations subcommittees of the general 10 assembly. 11 Sec. 11. Section 68B.3, Code 2014, is amended by 12 adding the following new subsection: 13 NEW SUBSECTION . 2A. This section does not apply to 14 sales of services by a member of a board or commission 15 as defined under section 7E.4 to state executive branch 16 agencies or subunits of departments or independent 17 agencies as defined in section 7E.4 that are not the 18 subunit of the department or independent agency in 19 which the person serves or are not a subunit of a 20 department or independent agency with which the person 21 has substantial and regular contact as part of the 22 person’s duties. 23 Sec. 12. NEW SECTION . 411.19 State appropriation. 24 1. For fiscal years beginning, on or after July 25 1, 2015, here is appropriated from the general fund 26 of the state for each fiscal year an amount equal 27 to three and seventy-nine hundredths percent of the 28 covered earnable compensation to be distributed to the 29 statewide fire and police retirement system, or to the 30 cities participating in the system, to finance the cost 31 of benefits provided in this chapter by amendments of 32 the Acts of the Sixty-sixth General Assembly, chapter 33 1089. The method of distribution shall be determined 34 by the board of trustees based on information provided 35 by the actuary of the statewide retirement system. 36 2. Moneys appropriated by the state shall not be 37 used to reduce the normal rate of contribution of any 38 city below seventeen percent. 39 Sec. 13. EFFECTIVE UPON ENACTMENT. The following 40 provision or provisions of this division of this Act, 41 being deemed of immediate importance, take effect upon 42 enactment: 43 1. The section appropriating moneys to the 44 department of natural resources for purposes of 45 supporting the air quality program. 46 DIVISION III 47 CORRECTIVE PROVISIONS 48 Sec. 14. Section 123.47, subsection 1A, paragraph 49 c, subparagraph (2), as enacted by 2014 Iowa Acts, 50 -5- H8315.4335 (1) 85 tm/jp 5/ 26
Senate File 2310, section 1, is amended to read as 1 follows: 2 (2) A person under legal age who consumes or 3 possesses any alcoholic liquor, wine, or beer in 4 connection with a religious observance, ceremony, or 5 right rite . 6 Sec. 15. Section 331.552, subsection 35, as amended 7 by 2014 Iowa Acts, House File 2273, section 5, if 8 enacted, is amended to read as follows: 9 35. a. Destroy special assessment records required 10 by section 445.11 within the county system after ten 11 years have elapsed from the end of the fiscal year in 12 which the special assessment was paid in full. The 13 county treasurer shall also destroy the resolution of 14 necessity, plat, and schedule of assessments required 15 by section 384.51 after ten years have elapsed from the 16 end of the fiscal year in which the entire schedule was 17 paid in full. This subsection paragraph applies to 18 documents described in this subsection paragraph that 19 are in existence before, on, or after July 1, 2003. 20 b. Destroy assessment records required by chapter 21 468 within the county system after ten years have 22 elapsed from the end of the fiscal year in which the 23 assessment was paid in full. The county treasurer 24 shall also destroy the accompanying documents including 25 any resolutions, plats, or schedule of assessments 26 after ten years have elapsed from the end of the 27 fiscal year in which the entire schedule was paid in 28 full. This subsection paragraph applies to documents 29 described in this subsection paragraph that are in 30 existence before, on, or after July 1, 2014. 31 Sec. 16. Section 422.33, subsection 4, paragraph c, 32 Code 2014, as amended by 2014 Iowa Acts, Senate File 33 2240, section 87, and redesignated as paragraph b, 34 subparagraph (3), is amended to read as follows: 35 (3) Subtract an exemption amount of forty thousand 36 dollars. This exemption amount shall be reduced, but 37 not below zero, by an amount equal to twenty-five 38 percent of the amount by which the alternative minimum 39 taxable income of the taxpayer, computed without regard 40 to the exemption amount in this paragraph subparagraph , 41 exceeds one hundred fifty thousand dollars. 42 Sec. 17. Section 508.36, subsection 13, paragraph 43 d, subparagraph (1), subparagraph division (c), as 44 enacted by 2014 Iowa Acts, Senate File 2131, section 9, 45 is amended to read as follows: 46 (c) Minimum reserves for all other policies of or 47 contracts subject to subsection 1, paragraph “b” . 48 Sec. 18. Section 508.36, subsection 16, paragraph 49 c, subparagraph (3), as enacted by 2014 Iowa Acts, 50 -6- H8315.4335 (1) 85 tm/jp 6/ 26
Senate File 2131, section 9, is amended to read as 1 follows: 2 (3) Once any portion of a memorandum in support 3 of an opinion submitted under subsection 2 or a 4 principle-based valuation report developed under 5 subsection 14, paragraph “b” , subparagraph (3), is 6 cited by a company in its marketing or is publicly 7 volunteered to or before a governmental agency other 8 than a state insurance department or is released by 9 the company to the news media, all portions or of such 10 memorandum or report shall no longer be confidential 11 information. 12 Sec. 19. Section 508.37, subsection 6, paragraph h, 13 subparagraph (8), as enacted by 2014 Iowa Acts, Senate 14 File 2131, section 13, is amended to read as follows: 15 (8) For policies issued on or after the operative 16 date of the valuation manual, the valuation manual 17 shall provide the Commissioners Standard Mortality 18 Table for use in determining the minimum nonforfeiture 19 standard that may be substituted for the Commissioners 20 1961 Standard Industrial Mortality Table or the 21 Commissioners 1961 Industrial Extended Term Insurance 22 Table. If the commissioner approves by regulation 23 rule any Commissioners Standard Industrial Mortality 24 Table adopted by the national association of insurance 25 commissioners for use in determining the minimum 26 nonforfeiture standard for policies issued on or after 27 the operative date of the valuation manual, then that 28 minimum nonforfeiture standard supersedes the minimum 29 nonforfeiture standard provided by the valuation 30 manual. 31 Sec. 20. Section 537.1301, subsection 46, as 32 enacted by 2014 Iowa Acts, House File 2324, section 17, 33 is amended to read as follows: 34 46. “Threshold amount” means the threshold amount, 35 as determined by 12 C.F.R. §226.3(b) §1026.3(b) , 36 in effect during the period the consumer credit 37 transaction was entered into. 38 Sec. 21. 2014 Iowa Acts, Senate File 2257, section 39 15, is amended by striking the section and inserting in 40 lieu thereof the following: 41 SEC. 15. REPEAL. Sections 261.17A, 261.22, 261.39, 42 261.41, 261.44, 261.48, 261.54, 261.81A, and 261.82, 43 Code 2014, are repealed. 44 Sec. 22. REPEAL. 2014 Iowa Acts, House File 2423, 45 section 159, is repealed. 46 DIVISION IV 47 GENERAL ASSEMBLY PUBLICATIONS PROVISIONS 48 Sec. 23. Section 2.42, subsection 13, Code 2014, is 49 amended to read as follows: 50 -7- H8315.4335 (1) 85 tm/jp 7/ 26
13. To establish policies with regard to publishing 1 printed and electronic versions of legal publications 2 as provided in chapters 2A and 2B , including the Iowa 3 Acts, Iowa Code, Code Supplement, Iowa administrative 4 bulletin, Iowa administrative code, and Iowa court 5 rules, or any part of those publications. The 6 publishing policies may include, but are not limited 7 to: the style and format to be used; the frequency 8 of publication; the contents of the publications; 9 the numbering systems to be used; the preparation of 10 editorial comments or notations; the correction of 11 errors; the type of print or electronic media and 12 data processing software to be used; the number of 13 volumes to be published; recommended revisions; the 14 letting of contracts for publication; the pricing of 15 the publications to which section 22.3 does not apply; 16 access to, and the use, reproduction, legal protection, 17 sale or distribution, and pricing of related data 18 processing software consistent with chapter 22 ; and any 19 other matters deemed necessary to the publication of 20 uniform and understandable publications. 21 Sec. 24. Section 2A.1, subsection 2, paragraph d, 22 unnumbered paragraph 1, Code 2014, is amended to read 23 as follows: 24 Publication of the official legal publications 25 of the state, including but not limited to the Iowa 26 Acts, Iowa Code, Code Supplement, Iowa administrative 27 bulletin, Iowa administrative code, and Iowa court 28 rules as provided in chapter 2B . The legislative 29 services agency shall do all of the following: 30 Sec. 25. Section 2A.5, subsection 2, paragraph b, 31 Code 2014, is amended by striking the paragraph. 32 Sec. 26. Section 2A.5, Code 2014, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 2A. The legislative services 35 agency shall publish annually an electronic or printed 36 version of the roster of state officials. The roster 37 of state officials shall include a correct list of 38 state officers and deputies; members of boards and 39 commissions; justices of the supreme court, judges 40 of the court of appeals, and judges of the district 41 courts including district associate judges and judicial 42 magistrates; and members of the general assembly. 43 The office of the governor shall cooperate in the 44 preparation of the list. 45 Sec. 27. Section 2B.5, subsection 3, Code 2014, is 46 amended by striking the subsection. 47 Sec. 28. Section 2B.5A, subsection 2, Code 2014, is 48 amended to read as follows: 49 2. In consultation with the administrative rules 50 -8- H8315.4335 (1) 85 tm/jp 8/ 26
coordinator, the administrative code editor shall 1 prescribe a uniform style and form required for a 2 person filing a document for publication in the Iowa 3 administrative bulletin or the Iowa administrative 4 code, including but not limited to a rulemaking 5 document. A rulemaking document includes a notice 6 of intended action as provided in section 17A.4 or 7 an adopted rule for filing as provided in section 8 17A.5 . The rulemaking document shall correlate each 9 rule to the uniform numbering system established by 10 the administrative code editor. The administrative 11 code editor shall provide for the publication of 12 an electronic publication version of the Iowa 13 administrative bulletin and the Iowa administrative 14 code. The administrative code editor shall review 15 all submitted documents for style and form and notify 16 the administrative rules coordinator if a rulemaking 17 document is not in proper style or form, and may return 18 or revise a document which is not in proper style and 19 form. The style and form prescribed shall require 20 that a rulemaking document include a reference to the 21 statute which the rules are intended to implement. 22 Sec. 29. Section 2B.5A, subsection 6, paragraph a, 23 subparagraph (2), subparagraph division (b), Code 2014, 24 is amended to read as follows: 25 (b) A print edition version may include an index. 26 Sec. 30. Section 2B.5B, subsection 2, Code 2014, is 27 amended to read as follows: 28 2. The administrative code editor, upon direction 29 by the Iowa supreme court and in accordance with the 30 policies of the legislative council pursuant to section 31 2.42 and the legislative services agency pursuant 32 to section 2A.1 , shall prescribe a uniform style and 33 form required for filing a document for publication in 34 the Iowa court rules. The document shall correlate 35 each rule to the uniform numbering system. The 36 administrative code editor shall provide for the 37 publication of an electronic publication version of 38 the Iowa court rules. The administrative code editor 39 shall review all submitted documents for style and 40 form and notify the Iowa supreme court if a rulemaking 41 document is not in proper style or form, and may return 42 or revise a document which is not in proper style and 43 form. 44 Sec. 31. Section 2B.5B, subsection 3, paragraph b, 45 subparagraph (2), subparagraph division (b), Code 2014, 46 is amended to read as follows: 47 (b) A print version shall may include an index. 48 Sec. 32. Section 2B.6, subsection 2, paragraph b, 49 Code 2014, is amended to read as follows: 50 -9- H8315.4335 (1) 85 tm/jp 9/ 26
b. The Iowa Code or Code Supplement, as provided in 1 section 2B.12 . 2 Sec. 33. Section 2B.12, Code 2014, is amended to 3 read as follows: 4 2B.12 Iowa Code and Code Supplement . 5 1. The legislative services agency shall control 6 and maintain in a secure electronic repository 7 custodial information used to publish the Iowa Code. 8 2. The legislative services agency shall publish 9 an annual edition of the Iowa Code as soon as 10 possible after the final adjournment of a regular 11 or special session of a general assembly. However, 12 the legislative services agency may publish a new 13 Code Supplement in lieu of the Iowa Code as soon as 14 possible after the final adjournment of a regular 15 session of a general assembly. The legislative 16 services agency may publish a new edition of the Iowa 17 Code or Code Supplement as soon as possible after the 18 final adjournment of a special session of the general 19 assembly. 20 3. An edition of the Iowa Code or Code Supplement 21 shall contain each Code section in its new or amended 22 form. However, a new section or amendment which does 23 not take effect until after the probable publication 24 date of a succeeding Iowa Code or Code Supplement 25 may be deferred for publication in that succeeding 26 Iowa Code or Code Supplement . The sections shall 27 be inserted in each edition in a logical order as 28 determined by the Iowa Code editor in accordance with 29 the policies of the legislative council. 30 4. Each section of an Iowa Code or Code Supplement 31 shall be indicated by a number printed in boldface 32 type and shall have an appropriate headnote printed in 33 boldface type. 34 5. The Iowa Code shall include all of the 35 following: 36 a. The Declaration of Independence. 37 b. The Articles of Confederation. 38 c. The Constitution of the United States. 39 d. The laws of the United States relating to the 40 authentication of records. 41 e. The Constitution of the State of Iowa, original 42 and codified versions. 43 f. The Act admitting Iowa into the union as a 44 state. 45 g. The arrangement of the Code into distinct units, 46 as established by the legislative services agency, 47 which may include titles, subunits of titles, chapters, 48 subunits of chapters, and sections, and subunits of 49 sections. The distinct units shall be numbered and may 50 -10- H8315.4335 (1) 85 tm/jp 10/ 26
include names. 1 h. All of the statutes of Iowa of a general and 2 permanent nature, except as provided in subsection 3 . 3 i. A comprehensive method to search and identify 4 its contents, including the text of the Constitution 5 and statutes of the State of Iowa. 6 (1) An electronic version may include search and 7 retrieval programming, analysis of titles and chapters, 8 and an index and a summary index. 9 (2) A print version shall include an analysis of 10 titles and chapters, and may include an index and a 11 summary index. 12 6. The Iowa Code may include all of the following: 13 a. A preface. 14 b. A description of citations to statutes. 15 c. Abbreviations to other publications which may be 16 referred to in the Iowa Code. 17 d. Appropriate historical references or source 18 notes. 19 e. An analysis of the Code by titles and chapters. 20 f. Other reference materials as determined by the 21 Iowa Code editor in accordance with any policies of the 22 legislative council. 23 7. A Code Supplement shall include all of the 24 following: 25 a. The text of statutes of Iowa of a general 26 and permanent nature that were enacted during the 27 preceding regular or special session, except as 28 provided in subsection 3 ; an indication of all sections 29 repealed during that session; and any amendments to 30 the Constitution of the State of Iowa approved by the 31 voters since the adjournment of the previous regular 32 session of the general assembly. 33 b. A chapter title and number for each chapter or 34 part of a chapter included. 35 c. A comprehensive method to search and identify 36 its contents, including the text of statutes and the 37 Constitution of the State of Iowa. 38 (1) An electronic version may include search and 39 retrieval programming and an index and a summary index. 40 (2) A print version may include an index and a 41 summary index. 42 8. 7. The Iowa Code or Code Supplement may include 43 appropriate tables showing the disposition of Acts of 44 the general assembly, the corresponding sections from 45 edition to edition of an Iowa Code or Code Supplement , 46 and other reference material as determined by the 47 Iowa Code editor in accordance with policies of the 48 legislative council. 49 8. In lieu of or in addition to publishing an 50 -11- H8315.4335 (1) 85 tm/jp 11/ 26
annual edition of the Iowa Code, the legislative 1 services agency, in accordance with the policies of 2 the legislative council, may publish a supplement to 3 the Iowa Code, as necessary or desirable, in a manner 4 similar to the publication of an annual edition of the 5 Iowa Code. 6 Sec. 34. Section 2B.13, subsection 1, unnumbered 7 paragraph 1, Code 2014, is amended to read as follows: 8 The Iowa Code editor in preparing the copy for an 9 edition of the Iowa Code or Code Supplement shall not 10 alter the sense, meaning, or effect of any Act of the 11 general assembly, but may: 12 Sec. 35. Section 2B.13, subsection 1, paragraph f, 13 Code 2014, is amended to read as follows: 14 f. Transfer, divide, or combine sections or parts 15 of sections and add or amend revise headnotes to 16 sections and subsections section subunits . Pursuant to 17 section 3.3 , the headnotes are not part of the law. 18 Sec. 36. Section 2B.13, subsection 3, paragraph a, 19 Code 2014, is amended to read as follows: 20 a. The Iowa Code editor may, in preparing the copy 21 for an edition of the Iowa Code or Code Supplement , 22 establish standards for and change capitalization, 23 spelling, and punctuation in any provision for purposes 24 of uniformity and consistency in language. 25 Sec. 37. Section 2B.13, subsection 4, paragraph a, 26 Code 2014, is amended to read as follows: 27 a. The Iowa Code editor shall seek direction 28 from the senate committee on judiciary and the house 29 committee on judiciary when making Iowa Code or Code 30 Supplement changes. 31 Sec. 38. Section 2B.13, subsection 5, Code 2014, is 32 amended to read as follows: 33 5. The Iowa Code editor may prepare and publish 34 comments deemed necessary for a proper explanation 35 of the manner of printing publishing a section or 36 chapter of the Iowa Code or Code Supplement . The Iowa 37 Code editor shall maintain a record of all of the 38 corrections made under subsection 1 . The Iowa Code 39 editor shall also maintain a separate record of the 40 changes made under subsection 1 , paragraphs “b” through 41 “h” . The records shall be available to the public. 42 Sec. 39. Section 2B.13, subsection 7, paragraph a, 43 Code 2014, is amended to read as follows: 44 a. The effective date of an edition of the Iowa 45 Code or of a supplement to the Iowa Code Supplement 46 or an edition of the Iowa administrative code is its 47 publication date. A publication date is the date the 48 publication is conclusively presumed to be complete, 49 incorporating all revisions or editorial changes. 50 -12- H8315.4335 (1) 85 tm/jp 12/ 26
Sec. 40. Section 2B.13, subsection 7, paragraph 1 b, subparagraph (1), Code 2014, is amended to read as 2 follows: 3 (1) For the Iowa Code or a supplement to the 4 Iowa Code Supplement , the publication date is the 5 first day of the next regular session of the general 6 assembly convened pursuant to Article III, section 2, 7 of the Constitution of the State of Iowa. However, 8 the legislative services agency may establish an 9 alternative publication date, which may be the date 10 that the publication is first available to the public 11 accessing the general assembly’s internet site. The 12 legislative services agency shall provide notice of 13 such an alternative publication date on the general 14 assembly’s internet site. 15 Sec. 41. Section 2B.17, subsection 2, paragraph b, 16 Code 2014, is amended to read as follows: 17 b. For statutes, the official versions of 18 publications shall be known as the Iowa Acts, the Iowa 19 Code, and the Code Supplement for supplements for the 20 years 1979 through 2011 . 21 Sec. 42. Section 2B.17, subsection 4, paragraph c, 22 Code 2014, is amended to read as follows: 23 c. The Iowa Code shall be cited as the Iowa 24 Code. The Code Supplement Supplements to the Iowa 25 Code published for the years 1979 through 2011 shall 26 be cited as the Code Supplement. Subject to the 27 legislative services agency style manual, the Iowa Code 28 may be cited as the Code of Iowa or Code and the Code 29 Supplement may be cited as the Iowa Code Supplement, 30 with references identifying parts of the publication, 31 including but not limited to title or chapter, section, 32 or subunit of a section. If the citation refers to a 33 past edition of the Iowa Code or Code Supplement, the 34 citation shall identify the year of publication. The 35 legislative services agency style manual shall provide 36 for a citation form for any supplements to the Iowa 37 Code published after the year 2013. 38 Sec. 43. Section 2B.18, subsection 1, Code 2014, is 39 amended to read as follows: 40 1. The Iowa Code editor is the custodian of the 41 official legal publications known as the Iowa Acts, 42 Iowa Code, and Code Supplement for supplements to the 43 Iowa Code for the years 1979 through 2011, and for any 44 other supplements to the Iowa Code . The Iowa Code 45 editor may attest to and authenticate any portion 46 of such official legal publication for purposes of 47 admitting a portion of the official legal publication 48 in any court or office of any state, territory, 49 or possession of the United States or in a foreign 50 -13- H8315.4335 (1) 85 tm/jp 13/ 26
jurisdiction. 1 Sec. 44. Section 3.1, subsection 1, paragraphs a 2 and b, Code 2014, are amended to read as follows: 3 a. Shall refer to the numbers of the sections or 4 chapters of the Code or Code Supplement to be amended 5 or repealed, but it is not necessary to refer to the 6 sections or chapters in the title. 7 b. Shall refer to the session of the general 8 assembly and the sections and chapters of the Acts to 9 be amended if the bill relates to a section or sections 10 of an Act not appearing in the Code or codified in a 11 supplement to the Code . 12 Sec. 45. Section 3.3, Code 2014, is amended to read 13 as follows: 14 3.3 Headnotes and historical references. 15 1. Proper headnotes may be placed at the beginning 16 of a section of a bill or at the beginning of a Code 17 section , and at the end of a Code section there may 18 be placed a reference to the section number of the 19 Code, or any Iowa Act from which the matter of the Code 20 section was taken or Code section subunit . However, 21 except as provided for the uniform commercial code 22 pursuant to section 554.1107 , headnotes shall not be 23 considered as part of the law as enacted. 24 2. At the end of a Code section there may be placed 25 a reference to the section number of the Code, or any 26 Iowa Act from which the matter of the Code section was 27 taken. Historical references shall not be considered 28 as a part of the law as enacted. 29 DIVISION V 30 STATEWIDE PRESCHOOL 31 Sec. 46. Section 256C.3, subsection 3, paragraph h, 32 Code 2014, is amended to read as follows: 33 h. Provision for ensuring that children receiving 34 care from other child care arrangements can participate 35 in the preschool program with minimal disruption due to 36 transportation and movement from one site to another. 37 The children participating in the preschool program may 38 be transported by the school district to activities 39 associated with the program along with other children. 40 Sec. 47. Section 256C.4, subsection 1, paragraphs g 41 and h, Code 2014, are amended to read as follows: 42 g. For the fiscal year beginning July 1, 2011 43 2013 , and each succeeding fiscal year, of the amount 44 of preschool foundation aid received by a school 45 district for a fiscal year in accordance with section 46 257.16 , not more than five percent may be used by 47 the school district for administering the district’s 48 approved local program. Outreach activities and rent 49 for facilities not owned by the school district are 50 -14- H8315.4335 (1) 85 tm/jp 14/ 26
permissive uses of the administrative funds. 1 h. For the fiscal year beginning July 1, 2012 2013 , 2 and each succeeding fiscal year, of the amount of 3 preschool foundation aid received by a school district 4 for a fiscal year in accordance with section 257.16 , 5 not less than ninety-five percent of the per pupil 6 amount shall be passed through to a community-based 7 provider for each pupil enrolled in the district’s 8 approved local program. For the fiscal year beginning 9 July 1, 2011 2013 , and each succeeding fiscal year, not 10 more than five ten percent of the amount of preschool 11 foundation aid passed through to a community-based 12 provider may be used by the community-based provider 13 for administrative costs. The costs of outreach 14 activities and rent for facilities not owned by 15 the school district are permissive administrative 16 costs. The costs of transportation involving children 17 participating in the preschool program and other 18 children may be prorated. 19 Sec. 48. EFFECTIVE UPON ENACTMENT. This division 20 of this Act, being deemed of immediate importance, 21 takes effect upon enactment. 22 Sec. 49. RETROACTIVE APPLICABILITY. This division 23 of this Act applies retroactively to July 1, 2013. 24 DIVISION VI 25 SCHOOL DISTRICT PER PUPIL TRANSPORTATION COST 26 Sec. 50. Section 257.11, Code 2014, is amended by 27 adding the following new subsection: 28 NEW SUBSECTION . 7A. School district per pupil 29 transportation cost. 30 a. In order to provide additional funds for school 31 districts with district transportation costs per pupil 32 in excess of the state average transportation costs per 33 pupil, as those amounts are determined under section 34 257.31, subsection 17, a supplementary weighting plan 35 for determining enrollment is adopted. 36 b. A supplementary weighting amount per pupil as 37 determined under paragraph “c” shall be assigned to 38 each transported pupil of a school district that meets 39 the requirement of paragraph “a” . 40 c. The department of management shall calculate 41 a supplementary weighting amount per pupil for each 42 school district meeting the requirement of paragraph 43 “a” to generate an amount for the school district equal 44 to the number of transported pupils in the district 45 multiplied by the difference between the district 46 transportation costs per pupil and the state average 47 transportation cost per pupil. 48 d. Eligibility for supplementary weighting under 49 this subsection shall not affect a school district’s 50 -15- H8315.4335 (1) 85 tm/jp 15/ 26
eligibility for transportation assistance under section 1 257.31, subsection 17. 2 Sec. 51. APPLICABILITY. This division of this Act 3 applies to school budget years beginning on or after 4 July 1, 2014. 5 DIVISION VII 6 PERSONNEL SETTLEMENT AGREEMENTS 7 Sec. 52. NEW SECTION . 70A.35 Personnel settlement 8 agreements —— public employers. 9 1. For purposes of this section: 10 a. “Personnel settlement agreement” means a binding 11 legal agreement between an employee and the employee’s 12 state employer to resolve a personnel dispute including 13 but not limited to a grievance. “Personnel settlement 14 agreement” does not include an initial decision by an 15 employee’s immediate supervisor concerning a personnel 16 dispute or grievance. 17 b. “State employer” means any of the following: 18 (1) The executive branch of state government, 19 to include a unit of state government, which is an 20 authority, board, commission, committee, council, 21 department, or independent agency as defined in section 22 7E.4, including but not limited to each principal 23 central department enumerated in section 7E.5; the 24 office of the governor; and the office of an elective 25 constitutional or statutory officer. 26 (2) The general assembly, or any office or unit 27 under its administrative authority. 28 (3) The judicial branch, as provided in section 29 602.1102. 30 2. a. For personnel settlement agreements with an 31 employee of the executive branch, excluding an employee 32 of the state board of regents or institution under the 33 control of the state board of regents, the personnel 34 settlement agreement shall, to the extent consistent 35 with any provision of an applicable collective 36 bargaining agreement, be reviewed and approved as 37 to form by the attorney general or by the attorney 38 general’s designee, and approved by the director of 39 the department of management, the director of the 40 department of administrative services, and the head of 41 the agency involved with the matter at issue. 42 b. For personnel settlement agreements with an 43 employee of the state board of regents or institution 44 under the control of the state board of regents, 45 the personnel settlement agreement shall, to the 46 extent consistent with any provision of an applicable 47 collective bargaining agreement, be reviewed and 48 approved as to form by the attorney general or by 49 the attorney general’s designee, and approved by the 50 -16- H8315.4335 (1) 85 tm/jp 16/ 26
executive director of the state board of regents and 1 the head of the institution involved with the matter 2 at issue. Any costs or payments associated with the 3 personnel settlement agreement shall be authorized by 4 the state appeal board established in section 24.26, 5 and paid as a claim under chapter 25. 6 c. For personnel settlement agreements with 7 an employee of the judicial branch, the personnel 8 settlement agreement shall, to the extent consistent 9 with any provision of an applicable collective 10 bargaining agreement, be approved by the state court 11 administrator. 12 d. For personnel settlement agreements with an 13 employee of the general assembly, the personnel 14 settlement agreement shall be approved by the 15 legislative council or the appropriate committee of the 16 senate or house of representatives. 17 e. For personnel settlement agreements with an 18 employee subject to review and approval pursuant to 19 the requirements of a collective bargaining agreement 20 that are inconsistent with the requirements of this 21 subsection, a report on the personnel settlement 22 agreement shall be provided to those persons who would 23 otherwise review or approve the personnel settlement 24 agreement for that employee. 25 3. Personnel settlement agreements shall not 26 contain any confidentiality or nondisclosure provision 27 that attempts to prevent the disclosure of the 28 personnel settlement agreement. A confidentiality 29 or nondisclosure provision in a personnel settlement 30 agreement is void and unenforceable. 31 4. All personnel settlement agreements shall be 32 made easily accessible to the public on an internet 33 site maintained as follows: 34 a. For personnel settlement agreements with an 35 employee of the executive branch, excluding an employee 36 of the state board of regents or institution under 37 the control of the state board of regents, by the 38 department of administrative services. 39 b. For personnel settlement agreements with an 40 employee of the state board of regents or institution 41 under the control of the state board of regents, by the 42 state board of regents. 43 c. For personnel settlement agreements with an 44 employee of the judicial branch, by the judicial 45 branch. 46 d. For personnel settlement agreements with an 47 employee of the general assembly, by the general 48 assembly. 49 Sec. 53. EFFECTIVE UPON ENACTMENT. This division 50 -17- H8315.4335 (1) 85 tm/jp 17/ 26
of this Act, being deemed of immediate importance, 1 takes effect upon enactment. 2 DIVISION VIII 3 PERSONNEL SETTLEMENT AGREEMENTS EXAMINATION 4 Sec. 54. AUDITOR OF STATE EXAMINATION —— PERSONNEL 5 SETTLEMENT AGREEMENTS. The auditor of state shall 6 expend such amount as is necessary for purposes 7 of conducting an examination concerning personnel 8 settlement agreements made by the state with terminated 9 state employees since January 2011 that were not 10 approved by the state appeal board or decided by the 11 public employment relations board. The examination 12 shall include the nature of the positions subject to 13 termination, the payments provided and the funding 14 source of the payments, and the identity and authority 15 of the person or persons signing the personnel 16 settlement agreement on behalf of the state. A report 17 on the results of the examination shall be submitted to 18 the general assembly by December 1, 2014. The auditor 19 of state shall be authorized to charge the department 20 of administrative services for costs associated with 21 the examination. 22 Sec. 55. EFFECTIVE UPON ENACTMENT. This division 23 of this Act, being deemed of immediate importance, 24 takes effect upon enactment. 25 DIVISION IX 26 SERVICE CONTRACTS 27 Sec. 56. Section 8.47, subsection 1, unnumbered 28 paragraph 1, Code 2014, is amended to read as follows: 29 The department of administrative services, in 30 cooperation with the office of attorney general and 31 the department of management, shall adopt uniform 32 terms and conditions for service contracts executed 33 by a department or establishment benefiting from 34 service contracts which terms and conditions shall be 35 consistent with the contractual requirements of chapter 36 8F . The terms and conditions shall include but are not 37 limited to all of the following: 38 Sec. 57. Section 8F.3, subsection 3, Code 2014, is 39 amended to read as follows: 40 3. Prior to entering into a service contract with a 41 recipient entity, the oversight agency shall determine 42 do all of the following: 43 a. Determine whether the recipient entity can 44 reasonably be expected to comply with the requirements 45 of the service contract. If the oversight entity is 46 unable to determine whether the recipient entity can 47 reasonably be expected to comply with the requirements 48 of the service contract, the oversight entity shall 49 request such information from the recipient entity as 50 -18- H8315.4335 (1) 85 tm/jp 18/ 26
described in subsection 1 to make a determination. If 1 the oversight agency determines from the information 2 provided that the recipient entity cannot reasonably be 3 expected to comply with the requirements of the service 4 contract, the oversight agency shall not enter into the 5 service contract. 6 b. Perform a cost comparison establishing whether 7 the contract costs from the proposed service contract 8 are less than the costs of having the services provided 9 by an agency. Contract costs shall include direct 10 costs, including salaries and fringe benefits, indirect 11 overhead costs, including the contractor’s proportional 12 share of existing administrative salaries and benefits, 13 rent and equipment costs, utilities, and materials. 14 Additionally, transition costs, including unemployment 15 compensation, shall be included in the analysis of 16 contract costs. If the oversight agency determines 17 from the information provided that the contract costs 18 of the recipient entity are not less than the costs 19 of having the services provided by an agency, the 20 oversight agency shall not enter into the service 21 contract. 22 c. If the proposed service contract may result in 23 reduced public employment by an agency in an area, 24 perform an economic impact analysis to consider the 25 impact of the service contract on the possible loss of 26 employment or income in the affected area, impact on 27 social services to include public assistance programs, 28 economic impact on local businesses, any possible 29 changes in tax revenue for the affected area, and any 30 environmental impacts that may result from the service 31 contract. 32 Sec. 58. Section 8F.3, Code 2014, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 4. A service contract with a 35 recipient entity shall include the following terms and 36 conditions: 37 a. Specific performance criteria and cost 38 parameters with termination provisions for failure to 39 meet the performance criteria and cost parameters. 40 b. A requirement that the compensation paid to 41 employees of a recipient entity pursuant to the service 42 contract shall be comparable to the compensation paid 43 to public employees performing similar work or the 44 average private sector wage in this state for similar 45 work, whichever is less. 46 c. A provision prohibiting the automatic renewal of 47 the terms of a service contract without complying with 48 the requirements of this section prior to renewing the 49 service contract. 50 -19- H8315.4335 (1) 85 tm/jp 19/ 26
d. A provision prohibiting the payment for services 1 under the service contract regardless of whether the 2 services are actually provided. 3 Sec. 59. Section 8F.4, Code 2014, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 4. An oversight agency shall make 6 information described in section 8F.3, subsection 3, 7 paragraphs “b” and “c” , and information required to be 8 reported by a recipient agency pursuant to this section 9 available to the public. 10 Sec. 60. Section 8G.3, subsection 3, paragraph 11 a, Code 2014, is amended by adding the following new 12 subparagraph: 13 NEW SUBPARAGRAPH . (10) A recipient entity as 14 defined in section 8F.2. 15 Sec. 61. Section 8G.4, subsection 2, Code 2014, is 16 amended by adding the following new paragraph: 17 NEW PARAGRAPH . 0j. Information required to be 18 provided pursuant to chapter 8F. 19 DIVISION X 20 STATE EMPLOYMENT HIRING PROCEDURES 21 Sec. 62. NEW SECTION . 70A.21 State employment —— 22 designation of ineligibility procedures —— penalty. 23 1. A board, commission, agency, or department of 24 the state that seeks to designate an individual as 25 ineligible to apply for; to be considered, referred, or 26 approved for; or to be appointed to employment by the 27 state or any of its boards, commissions, agencies, or 28 departments, shall do all of the following: 29 a. Maintain documentation of the designation 30 of ineligibility, to include signatures from the 31 individual’s immediate supervisor and the applicable 32 head of the board, commission, agency, or department, 33 the extent of the individual’s ineligibility for state 34 employment, proof of notification of the individual, 35 and any information concerning any appeals regarding 36 the designation. 37 b. Notify the individual prior to or within ten 38 days of discharge of the designation of ineligibility 39 and the extent of the individual’s ineligibility for 40 state employment. The notification shall include 41 information on the process for an individual to appeal, 42 remove, or modify the designation of ineligibility. 43 2. Each board, commission, agency, or department 44 of the state shall establish a process for an 45 individual to appeal, remove, or modify a designation 46 of ineligibility. Following a final determination by 47 the board, commission, agency or department within 48 the executive branch of the state relative to an 49 appeal or attempt to remove or modify a designation 50 -20- H8315.4335 (1) 85 tm/jp 20/ 26
of ineligibility by an individual, the individual 1 may appeal to the public employment relations board 2 created in section 20.5, for individuals subject to the 3 jurisdiction of the board, and to an administrative law 4 judge employed by the department of inspections and 5 appeals, for all other individuals. 6 Sec. 63. NEW SECTION . 70A.22 State employee hiring 7 requirements. 8 An employer of state employees shall establish 9 procedures providing for the hiring of employees by 10 the employer. The procedures shall provide for the 11 public announcement of vacancies of the employer 12 at least ten days in advance of the date fixed for 13 the filing of applications for the vacancies and 14 for the advertisement of the vacancies through the 15 communications media. 16 DIVISION XI 17 STATE EMPLOYEE BONUSES 18 Sec. 64. NEW SECTION . 22.13B Executive branch 19 bonuses —— disclosure. 20 1. For purposes of this section: 21 a. “Bonus pay” means any additional remuneration 22 in an amount exceeding two hundred dollars provided 23 an employee in the form of a bonus, including but 24 not limited to a retention bonus, recruitment bonus, 25 exceptional job performance pay, extraordinary 26 job performance pay, exceptional performance pay, 27 extraordinary duty pay, or extraordinary or special 28 duty pay, and any extra benefit not otherwise provided 29 to other similarly situated employees. 30 b. “Executive branch employee” means an employee 31 of the executive branch of state government, which 32 includes any unit of state government, including 33 but not limited to an authority, board, commission, 34 committee, council, department, or independent 35 agency as defined in section 7E.4, and each principal 36 central department enumerated in section 7E.5; the 37 office of the governor; and the office of an elective 38 constitutional or statutory officer. 39 2. A decision to provide bonus pay to an executive 40 branch employee, including the amount paid and the 41 documented reasons and rationale for the bonus paid, 42 shall be a public record. 43 3. All decisions to provide bonus pay to an 44 executive branch employee, including information 45 described in subsection 2, shall be made easily 46 accessible to the public on an internet site maintained 47 as follows: 48 a. For decisions to provide bonus pay to an 49 employee of the executive branch, excluding an employee 50 -21- H8315.4335 (1) 85 tm/jp 21/ 26
of the state board of regents or institution under 1 the control of the state board of regents, by the 2 department of administrative services. 3 b. For decisions to provide bonus pay to an 4 employee of the state board of regents or institution 5 under the control of the state board of regents, by the 6 state board of regents. 7 DIVISION XII 8 WHISTLEBLOWER PROTECTION 9 Sec. 65. Section 8A.417, subsection 4, Code 2014, 10 is amended by striking the subsection and inserting in 11 lieu thereof the following: 12 4. a. For purposes of this subsection, “a 13 disclosure of information permitted by this section” 14 includes any of the following: 15 (1) A disclosure of any information by the employee 16 to a member or employee of the general assembly if the 17 information can be used by the member or employee of 18 the general assembly in the performance of the member’s 19 or employee’s duties, regardless of whether the member 20 or employee requested the information. 21 (2) A disclosure of information to any appropriate 22 person if the employee reasonably believes the 23 information evidences a violation of law or rule, 24 mismanagement, a gross abuse of funds, an abuse of 25 authority, or a substantial and specific danger to 26 public health or safety. 27 b. A person shall not do any of the following as a 28 reprisal against an employee in a position in a merit 29 system administered by, or subject to approval of, 30 the director, who makes a disclosure of information 31 permitted by this section or who fails to inform 32 the person that the employee made a disclosure of 33 information permitted by this section: 34 (1) Discharge, suspend, or demote the employee, or 35 take any other adverse employment action resulting in 36 a reduction of the employee’s pay. 37 (2) Fail to appoint or promote the employee to a 38 position in the merit system or fail to take action 39 regarding an advantage to the employee. 40 c. However, an employee may be required to inform 41 the person that the employee made a disclosure of 42 information permitted by this section if the employee 43 represented that the disclosure was the official 44 position of the employee’s immediate supervisor or 45 employer. 46 d. An employer subject to the requirements of this 47 subsection shall inform the employer’s employees on a 48 regular basis of their rights to disclose information 49 as provided in this subsection. 50 -22- H8315.4335 (1) 85 tm/jp 22/ 26
e. This subsection does not apply if the disclosure 1 of the information is prohibited by statute. 2 Sec. 66. Section 8F.3, subsection 1, paragraph d, 3 Code 2014, is amended to read as follows: 4 d. Information regarding any policies adopted 5 by the governing body of the recipient entity that 6 ensure compliance with section 70A.29 and that prohibit 7 taking adverse employment action against employees of 8 the recipient entity who disclose information about a 9 service contract to the oversight agency, the auditor 10 of state, the office of the attorney general, or 11 the office of ombudsman and that state whether those 12 policies are substantially similar to the protection 13 provided to state employees under section 70A.28 . The 14 information provided shall state whether employees of 15 the recipient entity are informed on a regular basis 16 of their rights pursuant to section 70A.29 and of 17 their rights to disclose information to the oversight 18 agency, the office of ombudsman, the auditor of state, 19 or the office of the attorney general and the telephone 20 numbers of those organizations. 21 Sec. 67. Section 70A.28, subsection 1, Code 2014, 22 is amended to read as follows: 23 1. A person who serves as the head of a state 24 department or agency or otherwise serves in a 25 supervisory capacity within the executive or 26 legislative branch of state government shall not 27 prohibit an employee of the state from making a 28 disclosure of information permitted by this section or 29 require an employee of the state to inform the person 30 that the employee made a disclosure of information 31 permitted by this section and shall not prohibit an 32 employee of the state from disclosing any information 33 to a member or employee of the general assembly or from 34 disclosing information to any other public official 35 or law enforcement agency if the employee reasonably 36 believes the information evidences a violation of 37 law or rule, mismanagement, a gross abuse of funds, 38 an abuse of authority, or a substantial and specific 39 danger to public health or safety . However, an 40 employee may be required to inform the person that the 41 employee made a disclosure of information permitted 42 by this section if the employee represented that the 43 disclosure was the official position of the employee’s 44 immediate supervisor or employer. 45 Sec. 68. Section 70A.28, subsection 2, Code 2014, 46 is amended by striking the subsection and inserting in 47 lieu thereof the following: 48 2. a. A person shall not do any of the following 49 as a reprisal against an employee in a position in a 50 -23- H8315.4335 (1) 85 tm/jp 23/ 26
state employment system administered by, or subject to 1 approval of, a state agency, who makes a disclosure of 2 information permitted by this section or who fails to 3 inform the person that the employee made a disclosure 4 of information permitted by this section: 5 (1) Discharge, suspend, or demote the employee, or 6 take any other adverse employment action resulting in 7 a reduction of the employee’s pay. 8 (2) Fail to appoint or promote the employee to a 9 position in the state employment system or fail to take 10 action regarding an advantage to the employee. 11 b. However, an employee may be required to inform 12 the person that the employee made a disclosure of 13 information permitted by this section if the employee 14 represented that the disclosure was the official 15 position of the employee’s immediate supervisor or 16 employer. 17 Sec. 69. Section 70A.28, Code 2014, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION . 2A. For purposes of this section, 20 “a disclosure of information permitted by this section” 21 includes any of the following: 22 a. A disclosure of any information by the employee 23 to a member or employee of the general assembly if the 24 information can be used by the member or employee of 25 the general assembly in the performance of the member’s 26 or employee’s duties, regardless of whether the member 27 or employee requested the information. 28 b. A disclosure of information to any appropriate 29 person if the employee reasonably believes the 30 information evidences a violation of law or rule, 31 mismanagement, a gross abuse of funds, an abuse of 32 authority, or a substantial and specific danger to 33 public health or safety. 34 Sec. 70. Section 70A.28, subsection 5, paragraph a, 35 Code 2014, is amended to read as follows: 36 a. A person who violates subsection 2 is liable to 37 an aggrieved employee for affirmative relief including 38 reinstatement, with or without back pay, actual 39 damages, or any other equitable relief the court deems 40 appropriate, including attorney fees and costs. 41 Sec. 71. Section 70A.29, Code 2014, is amended by 42 adding the following new subsection: 43 NEW SUBSECTION . 01. For purposes of this section, 44 unless the context otherwise requires: 45 a. “Disclosure of information permitted by this 46 section” includes any of the following: 47 (1) A disclosure of any information by the employee 48 to a member or employee of the general assembly if the 49 information can be used by the member or employee of 50 -24- H8315.4335 (1) 85 tm/jp 24/ 26
the general assembly in the performance of the member’s 1 or employee’s duties, regardless of whether the member 2 or employee requested the information. 3 (2) A disclosure of information to any appropriate 4 person if the employee reasonably believes the 5 information evidences a violation of law or rule, 6 mismanagement, a gross abuse of funds, an abuse of 7 authority, or a substantial and specific danger to 8 public health or safety. 9 b. “Eligible employer” means any of the following: 10 (1) A political subdivision of this state. 11 (2) An entity organized under chapter 28E. 12 (3) A recipient entity as defined in section 8F.2. 13 Sec. 72. Section 70A.29, subsection 1, Code 2014, 14 is amended by striking the subsection and inserting in 15 lieu thereof the following: 16 1. a. A person shall not do any of the following 17 as a reprisal against an employee in a position in 18 employment by an eligible employer for a disclosure of 19 information permitted by this section: 20 (1) Discharge, suspend, or demote the employee, or 21 take any other adverse employment action resulting in 22 a reduction of the employee’s pay. 23 (2) Fail to appoint or promote the employee to 24 a position in the employment or fail to take action 25 regarding an advantage to the employee. 26 b. This section does not apply if the disclosure of 27 the information is prohibited by statute. 28 Sec. 73. Section 70A.29, subsection 3, paragraph a, 29 Code 2014, is amended to read as follows: 30 a. A person who violates subsection 1 is liable to 31 an aggrieved employee for affirmative relief including 32 reinstatement, with or without back pay, actual 33 damages, or any other equitable relief the court deems 34 appropriate, including attorney fees and costs. 35 Sec. 74. Section 70A.29, Code 2014, is amended by 36 adding the following new subsection: 37 NEW SUBSECTION . 4. An eligible employer subject 38 to the requirements of this section shall inform the 39 employer’s employees on a regular basis of their rights 40 to disclose information as provided in this section. 41 DIVISION XIII 42 VERTICAL INFRASTRUCTURE ADVISORY COMMITTEE 43 Sec. 75. NEW SECTION . 8.57G Vertical 44 infrastructure advisory committee. 45 1. A vertical infrastructure advisory committee is 46 established consisting of seven members, appointed by 47 the governor, and subject to confirmation by the senate 48 pursuant to section 2.32. Committee members shall be 49 appointed in compliance with sections 69.16, 69.16A, 50 -25- H8315.4335 (1) 85 tm/jp 25/ 26
and 69.16C. Committee members shall reside in this 1 state. 2 2. The members of the committee shall serve for 3 staggered three-year terms which shall begin and end 4 pursuant to section 69.19. Members appointed shall 5 continue to serve until their respective successors 6 are appointed. Vacancies in the membership of the 7 committee shall be filled by the governor. Members 8 shall receive actual expenses incurred while serving in 9 their official capacity. Members may also be eligible 10 to receive compensation as provided in section 7E.6. 11 The governor shall designate the chairperson of the 12 committee. 13 3. The department of management and the department 14 of administrative services shall provide staff 15 assistance and support services to the committee. 16 4. The committee shall have the following duties: 17 a. Oversee the inventory and assessment of the 18 vertical infrastructure owned or under the control of 19 the state. 20 b. Develop and recommend methods for identifying, 21 evaluating, and prioritizing infrastructure needs. 22 c. Annually develop and submit to the governor and 23 the general assembly no later than December 15 of each 24 year, comprehensive five-year plans of recommendations, 25 including suggested lists of priority projects. The 26 priority listing of projects shall be developed to 27 assist the governor in establishing a priority listing 28 of priority projects to be submitted to the general 29 assembly pursuant to section 8.22. Recommendations 30 shall include the level of funding necessary to 31 complete each project recommended and a timetable for 32 completion of the project if the project is anticipated 33 to require more than one year to complete. > 34 ___. Title page, by striking lines 1 through 3 35 and inserting < An Act relating to state and local 36 finances by making appropriations, providing for fees, 37 providing for legal responsibilities, and providing 38 for regulatory requirements, taxation, and other 39 properly related matters, and including penalties and 40 effective date and retroactive and other applicability 41 provisions. >> 42 ______________________________ HALL of Woodbury -26- H8315.4335 (1) 85 tm/jp 26/ 26