CCS-510
REPORT
OF
THE
CONFERENCE
COMMITTEE
ON
SENATE
FILE
510
To
the
President
of
the
Senate
and
the
Speaker
of
the
House
of
Representatives:
We,
the
undersigned
members
of
the
conference
committee
appointed
to
resolve
the
differences
between
the
Senate
and
House
of
Representatives
on
Senate
File
510,
a
bill
for
an
Act
relating
to
state
and
local
finances
by
making
appropriations,
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providing
for
fees,
providing
for
legal
responsibilities,
providing
for
certain
employee
benefits,
and
providing
for
regulatory,
taxation,
and
properly
related
matters,
and
including
penalties
and
effective
date
and
retroactive
and
other
applicability
provisions,
respectfully
make
the
following
report:
1.
That
the
House
recedes
from
its
amendment,
S-3202.
2.
That
Senate
File
510,
as
amended,
passed,
and
reprinted
by
the
Senate,
is
amended
to
read
as
follows:
1.
By
striking
everything
after
the
enacting
clause
and
inserting:
<
DIVISION
I
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
Section
1.
BUDGET
PROCESS
FOR
FISCAL
YEAR
2016-2017
AND
FISCAL
YEAR
2017-2018.
1.
For
the
budget
process
applicable
to
the
fiscal
year
beginning
July
1,
2016,
on
or
before
October
1,
2015,
in
lieu
of
the
information
specified
in
section
8.23,
subsection
1,
unnumbered
paragraph
1,
and
paragraph
“a”,
all
departments
and
establishments
of
the
government
shall
transmit
to
the
director
of
the
department
of
management,
on
blanks
to
be
furnished
by
the
director,
estimates
of
their
expenditure
requirements,
including
every
proposed
expenditure,
for
the
ensuing
fiscal
year,
together
with
supporting
data
and
explanations
as
called
for
by
the
director
of
the
department
of
management
after
consultation
with
the
legislative
services
agency.
2.
The
estimates
of
expenditure
requirements
shall
be
in
a
form
specified
by
the
director
of
the
department
of
management,
and
the
expenditure
requirements
shall
include
all
proposed
expenditures
and
shall
be
prioritized
by
program
or
the
results
to
be
achieved.
The
estimates
shall
be
accompanied
by
performance
measures
for
evaluating
the
effectiveness
of
the
programs
or
results.
Sec.
2.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
——
FY
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2015-2016.
Notwithstanding
the
standing
appropriations
in
the
following
designated
sections
for
the
fiscal
year
beginning
July
1,
2015,
and
ending
June
30,
2016,
the
amounts
appropriated
from
the
general
fund
of
the
state
pursuant
to
these
sections
for
the
following
designated
purposes
shall
not
exceed
the
following
amounts:
1.
For
operational
support
grants
and
community
cultural
grants
under
section
99F.11,
subsection
3
,
paragraph
“d”,
subparagraph
(1):
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
416,702
2.
For
payment
for
nonpublic
school
transportation
under
section
285.2
:
.
.
.
.
.
.
.
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.
$
8,560,931
If
total
approved
claims
for
reimbursement
for
nonpublic
school
pupil
transportation
exceed
the
amount
appropriated
in
accordance
with
this
subsection,
the
department
of
education
shall
prorate
the
amount
of
each
approved
claim.
3.
For
the
enforcement
of
chapter
453D
relating
to
tobacco
product
manufacturers
under
section
453D.8
:
.
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.
.
.
.
.
.
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.
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.
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.
.
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.
.
.
.
.
.
$
18,416
Sec.
3.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
——
FY
2016-2017.
Notwithstanding
the
standing
appropriations
in
the
following
designated
sections
for
the
fiscal
year
beginning
July
1,
2016,
and
ending
June
30,
2017,
the
amounts
appropriated
from
the
general
fund
of
the
state
pursuant
to
these
sections
for
the
following
designated
purposes
shall
not
exceed
the
following
amounts:
1.
For
operational
support
grants
and
community
cultural
grants
under
section
99F.11,
subsection
3
,
paragraph
“d”,
subparagraph
(1):
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
208,351
2.
For
payment
for
nonpublic
school
transportation
under
section
285.2
:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
$
8,560,931
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If
total
approved
claims
for
reimbursement
for
nonpublic
school
pupil
transportation
exceed
the
amount
appropriated
in
accordance
with
this
subsection,
the
department
of
education
shall
prorate
the
amount
of
each
approved
claim.
3.
For
the
enforcement
of
chapter
453D
relating
to
tobacco
product
manufacturers
under
section
453D.8
:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
$
9,208
Sec.
4.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
2015-2016
——
FY
2016-2017.
In
lieu
of
the
appropriation
provided
in
section
257.20,
subsection
2
,
the
appropriation
for
the
fiscal
years
beginning
July
1,
2015,
and
July
1,
2016,
for
paying
instructional
support
state
aid
under
section
257.20
for
such
fiscal
years
is
zero.
Sec.
5.
GENERAL
ASSEMBLY.
1.
The
appropriations
made
pursuant
to
section
2.12
for
the
expenses
of
the
general
assembly
and
legislative
agencies
for
the
fiscal
year
beginning
July
1,
2015,
and
ending
June
30,
2016,
are
reduced
by
the
following
amount:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,223,452
2.
The
budgeted
amounts
for
the
general
assembly
and
legislative
agencies
for
the
fiscal
year
beginning
July
1,
2015,
may
be
adjusted
to
reflect
the
unexpended
budgeted
amounts
from
the
previous
fiscal
year.
Sec.
6.
Section
142C.15,
subsection
4,
paragraph
c,
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
follows:
Not
more
than
fifty
percent
of
the
Any
unobligated
moneys
in
the
fund
annually
may
be
expended
in
the
form
of
grants
to
transplant
recipients,
transplant
candidates,
living
organ
donors,
or
to
legal
representatives
on
behalf
of
transplant
recipients,
transplant
candidates,
or
living
organ
donors.
Transplant
recipients,
transplant
candidates,
living
organ
donors,
or
the
legal
representatives
of
transplant
recipients,
transplant
candidates,
or
living
organ
donors
shall
submit
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grant
applications
with
supporting
documentation
provided
by
a
hospital
that
performs
transplants,
verifying
that
the
person
by
or
for
whom
the
application
is
submitted
requires
a
transplant
or
is
a
living
organ
donor
and
specifying
the
amount
of
the
costs
associated
with
the
following,
if
funds
are
not
available
from
any
other
third-party
payor:
Sec.
7.
Section
257.35,
Code
2015,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
9A.
Notwithstanding
subsection
1,
and
in
addition
to
the
reduction
applicable
pursuant
to
subsection
2,
the
state
aid
for
area
education
agencies
and
the
portion
of
the
combined
district
cost
calculated
for
these
agencies
for
the
fiscal
year
beginning
July
1,
2015,
and
ending
June
30,
2016,
shall
be
reduced
by
the
department
of
management
by
fifteen
million
dollars.
The
reduction
for
each
area
education
agency
shall
be
prorated
based
on
the
reduction
that
the
agency
received
in
the
fiscal
year
beginning
July
1,
2003.
DIVISION
II
MISCELLANEOUS
PROVISIONS
AND
APPROPRIATIONS
Sec.
8.
IOWA
NEW
JOBS
TRAINING
AGREEMENTS.
An
Iowa
community
college
that
entered
into
a
new
jobs
training
agreement
pursuant
to
chapter
260E,
which
was
effective
in
April
2012,
with
an
Iowa
employer
may
enter
into
a
new
agreement
with
such
employer
pursuant
to
chapter
260E,
which
will
be
effective
September
2015,
and
may
use
the
base
employment
determined
in
April
2012
as
the
base
employment
for
determining
the
new
jobs
eligible
under
the
new
agreement
if
the
base
employment
determined
in
April
2012
was
2,125
employees.
The
new
agreement
under
chapter
260E
shall
be
limited
to
seven
years
from
the
effective
date
of
the
agreement.
Sec.
9.
NONREVERSION
OF
IOWA
LEARNING
ONLINE
INITIATIVE
MONEYS.
Notwithstanding
section
8.33,
moneys
appropriated
in
section
256.42,
subsection
9,
that
remain
unencumbered
or
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unobligated
at
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
in
section
256.42,
subsection
9,
until
the
close
of
the
succeeding
fiscal
year.
Sec.
10.
Section
8.22A,
subsection
2,
Code
2015,
is
amended
to
read
as
follows:
2.
The
conference
shall
meet
as
often
as
deemed
necessary,
but
shall
meet
at
least
three
times
per
year
with
at
least
one
meeting
taking
place
each
year
in
March
.
The
conference
may
use
sources
of
information
deemed
appropriate.
At
each
meeting,
the
conference
shall
agree
to
estimates
for
the
current
fiscal
year
and
the
following
fiscal
year
for
the
general
fund
of
the
state,
lottery
revenues
to
be
available
for
disbursement,
and
from
gambling
revenues
and
from
interest
earned
on
the
cash
reserve
fund
and
the
economic
emergency
fund
to
be
deposited
in
the
rebuild
Iowa
infrastructure
fund.
At
the
meeting
taking
place
each
year
in
March,
in
addition
to
agreeing
to
estimates
for
the
current
fiscal
year
and
the
following
fiscal
year,
the
conference
shall
agree
to
estimates
for
the
fiscal
year
beginning
July
1
of
the
following
calendar
year.
Only
an
estimate
for
the
following
fiscal
year
agreed
to
by
the
conference
pursuant
to
subsection
3,
4,
or
5
,
shall
be
used
for
purposes
of
calculating
the
state
general
fund
expenditure
limitation
under
section
8.54
,
and
any
other
estimate
agreed
to
shall
be
considered
a
preliminary
estimate
that
shall
not
be
used
for
purposes
of
calculating
the
state
general
fund
expenditure
limitation.
Sec.
11.
Section
8D.4,
Code
2015,
is
amended
to
read
as
follows:
8D.4
Executive
director
appointed.
The
commission,
in
consultation
with
the
director
of
the
department
of
administrative
services
and
the
chief
information
officer,
shall
appoint
an
executive
director
of
the
commission,
subject
to
confirmation
by
the
senate.
Such
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individual
shall
not
serve
as
a
member
of
the
commission.
The
executive
director
shall
serve
at
the
pleasure
of
the
commission.
The
executive
director
shall
be
selected
primarily
for
administrative
ability
and
knowledge
in
the
field,
without
regard
to
political
affiliation.
The
governor
shall
establish
the
salary
of
the
executive
director
within
the
applicable
salary
range
nine
as
established
by
the
general
assembly.
The
salary
and
support
of
the
executive
director
shall
be
paid
from
funds
deposited
in
the
Iowa
communications
network
fund.
Sec.
12.
Section
22.7,
subsection
41,
paragraph
b,
subparagraph
(2),
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
335,
section
1,
is
amended
to
read
as
follows:
(2)
Preliminary
reports
of
investigations
by
the
medical
examiner
and
autopsy
reports
for
a
decedent
by
whom
an
anatomical
gift
was
made
in
accordance
with
chapter
142C
shall
be
released
to
an
organ
a
procurement
organization
as
defined
in
section
142C.2
,
upon
the
request
of
such
organ
procurement
organization,
unless
such
disclosure
would
jeopardize
an
investigation
or
pose
a
clear
and
present
danger
to
the
public
safety
or
the
safety
of
an
individual.
Sec.
13.
Section
43.45,
subsection
3,
as
enacted
by
2015
Iowa
Acts,
Senate
File
415,
section
1,
is
amended
to
read
as
follows:
3.
Notwithstanding
any
requirement
to
the
contrary
in
subsection
1
and
subsection
2
,
paragraph
“c”
,
the
commissioner
of
a
county
using
digital
ballot
counting
technology
may
direct
the
precinct
election
officials
to
tally
and
record
write-in
votes
at
the
precincts
after
the
closing
of
the
polls
or
may
direct
the
precinct
election
officials
to
sort
the
ballots
by
print
the
write-in
report
containing
digital
images
of
write-in
votes
for
delivery
to
the
special
precinct
board
to
tally
and
record
the
write-in
votes
on
any
day
following
election
day
and
prior
to
the
canvass
by
the
board
of
supervisors
under
section
43.49
.
For
the
purposes
of
this
subsection
“digital
ballot
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counting
technology”
is
technology
in
which
digital
images
of
write-in
votes
are
printed
by
the
precinct
election
officials
at
the
polling
place
after
the
close
of
voting.
Sec.
14.
Section
123.132,
subsection
3,
as
enacted
by
2015
Iowa
Acts,
Senate
File
456,
section
1,
is
amended
to
read
as
follows:
3.
A
container
of
beer
other
than
the
original
container
that
is
sold
and
sealed
in
compliance
with
the
requirements
of
subsection
2
and
the
division’s
rules
shall
not
be
deemed
an
open
container
subject
to
the
requirements
of
sections
321.284
and
321.284A
if
the
sealed
container
is
unopened
and
the
seal
has
not
been
tampered
with
,
and
the
contents
of
the
container
have
not
been
partially
removed
.
Sec.
15.
Section
256.9,
Code
2015,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
66.
Dedicate
at
least
one-half
of
one
of
the
department’s
authorized
full-time
equivalent
positions
to
maintain
a
fine
arts
consultant
to
provide
guidance
and
assistance,
including
but
not
limited
to
professional
development,
strategies,
and
materials,
to
the
department,
school
districts,
and
accredited
nonpublic
schools
relating
to
music,
visual
art,
drama
and
theater,
and
other
fine
and
applied
arts
programs
and
coursework.
Sec.
16.
Section
261.110,
subsection
3,
Code
2015,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
c.
The
applicant
met
all
of
the
eligibility
requirements
of
this
section
on
or
after
January
1,
2013.
A
person
who
met
the
program
eligibility
requirements
of
this
section
prior
to
January
1,
2013,
is
ineligible
for
this
program.
Sec.
17.
Section
418.9,
subsection
8,
Code
2015,
is
amended
to
read
as
follows:
8.
If,
following
approval
of
a
project
application
under
the
program,
it
is
determined
that
the
amount
of
federal
financial
-8-
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CCS-510
assistance
exceeds
the
amount
of
federal
financial
assistance
specified
in
the
application,
the
board
shall
reduce
the
award
of
financial
assistance
from
the
flood
mitigation
fund
or
reduce
the
amount
of
sales
tax
revenue
to
be
received
for
the
project
by
a
corresponding
amount.
However,
in
a
county
with
a
population
of
less
than
one
hundred
thousand
but
more
than
ninety-three
thousand
five
hundred
as
determined
by
the
2010
federal
decennial
census
and
for
projects
that
received
bids
during
the
2015
calendar
year,
the
amount
of
sales
tax
revenue
to
be
received
for
the
project
shall
not
be
reduced
if
the
additional
federal
financial
assistance
does
not
reduce
the
need
for
sales
tax
revenue
due
to
an
increase
in
project
costs
incurred
following
the
approval
of
the
project
application
under
the
program.
Sec.
18.
Section
418.15,
subsection
1,
Code
2015,
is
amended
to
read
as
follows:
1.
A
governmental
entity
shall
not
receive
remittances
of
sales
tax
revenue
under
this
chapter
after
twenty
years
from
the
date
the
governmental
entity’s
project
was
approved
by
the
board
unless
the
remittance
amount
is
calculated
under
section
418.11
based
on
sales
subject
to
the
tax
under
section
432.2
occurring
before
the
expiration
of
the
twenty-year
period
.
Sec.
19.
Section
441.37A,
subsection
1,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
For
the
assessment
year
beginning
January
1,
2007,
and
all
subsequent
assessment
years
beginning
before
January
1,
2018
2021
,
appeals
may
be
taken
from
the
action
of
the
board
of
review
with
reference
to
protests
of
assessment,
valuation,
or
application
of
an
equalization
order
to
the
property
assessment
appeal
board
created
in
section
421.1A
.
However,
a
property
owner
or
aggrieved
taxpayer
or
an
appellant
described
in
section
441.42
may
bypass
the
property
assessment
appeal
board
and
appeal
the
decision
of
the
local
board
of
review
to
the
district
court
pursuant
to
section
441.38
.
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CCS-510
Sec.
20.
Section
715A.9A,
subsection
1,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
Is
a
victim
of
identity
theft
in
this
state
as
described
in
section
715A.8
or
resides
in
this
state
at
the
time
the
person
is
a
victim
of
identity
theft
.
Sec.
21.
2015
Iowa
Acts,
Senate
File
496,
section
1,
subsection
1,
paragraph
a,
if
enacted,
is
amended
to
read
as
follows:
a.
For
salaries
of
supreme
court
justices,
appellate
court
judges,
district
court
judges,
district
associate
judges,
associate
juvenile
judges,
associate
probate
judges,
judicial
magistrates
and
staff,
state
court
administrator,
clerk
of
the
supreme
court,
district
court
administrators,
clerks
of
the
district
court,
juvenile
court
officers,
board
of
law
examiners
and
board
of
examiners
of
shorthand
reporters
and
judicial
qualifications
commission;
receipt
and
disbursement
of
child
support
payments;
reimbursement
of
the
auditor
of
state
for
expenses
incurred
in
completing
audits
of
the
offices
of
the
clerks
of
the
district
court
during
the
fiscal
year
beginning
July
1,
2015;
and
maintenance,
equipment,
and
miscellaneous
purposes:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
171,486,612
178,686,612
0b.
Of
the
moneys
appropriated
in
lettered
paragraph
“a”,
$520,150
shall
be
used
for
juvenile
drug
courts.
The
amount
allocated
in
this
lettered
paragraph
shall
be
distributed
to
assist
with
the
operation
of
juvenile
drug
court
programs
operated
in
the
following
jurisdictions:
(1)
Marshall
county:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
62,708
(2)
Woodbury
county:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
125,682
(3)
Polk
county:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
195,892
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(4)
The
third
judicial
district:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
67,934
(5)
The
eighth
judicial
district:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
67,934
Sec.
22.
2015
Iowa
Acts,
Senate
File
505,
section
12,
subsection
12,
paragraph
d,
if
enacted,
is
amended
to
read
as
follows:
d.
Payment
methodologies
utilized
for
disproportionate
share
hospitals
and
graduate
medical
education,
and
other
supplemental
payments
under
the
Medicaid
program
may
be
adjusted
or
converted
to
other
methodologies
or
payment
types
to
provide
these
payments
through
Medicaid
managed
care
implemented
beginning
after
January
1,
2016.
The
department
of
human
services
shall
obtain
approval
from
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services
prior
to
implementation
of
any
such
adjusted
or
converted
methodologies
or
payment
types.
Sec.
23.
2015
Iowa
Acts,
Senate
File
505,
section
132,
subsection
12,
paragraph
d,
if
enacted,
is
amended
to
read
as
follows:
d.
Payment
methodologies
utilized
for
disproportionate
share
hospitals
and
graduate
medical
education,
and
other
supplemental
payments
under
the
Medicaid
program
may
be
adjusted
or
converted
to
other
methodologies
or
payment
types
to
provide
these
payments
through
Medicaid
managed
care
after
January
1,
2016
.
The
department
of
human
services
shall
obtain
approval
from
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services
prior
to
implementation
of
any
such
adjusted
or
converted
methodologies
or
payment
types.
DIVISION
III
SALARIES,
COMPENSATION,
AND
RELATED
MATTERS
Sec.
24.
SPECIAL
FUNDS.
For
the
fiscal
year
beginning
July
1,
2015,
and
ending
June
30,
2016,
and
for
the
fiscal
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year
beginning
July
1,
2016,
and
ending
June
30,
2017,
salary
adjustments
may
be
funded
using
departmental
revolving,
trust,
or
special
funds
for
which
the
general
assembly
has
established
an
operating
budget,
provided
doing
so
does
not
exceed
the
operating
budget
established
by
the
general
assembly.
Sec.
25.
SALARY
MODEL
ADMINISTRATOR.
The
salary
model
administrator
shall
work
in
conjunction
with
the
legislative
services
agency
to
maintain
the
state’s
salary
model
used
for
analyzing,
comparing,
and
projecting
state
employee
salary
and
benefit
information,
including
information
relating
to
employees
of
the
state
board
of
regents.
The
department
of
revenue,
the
department
of
administrative
services,
the
five
institutions
under
the
jurisdiction
of
the
state
board
of
regents,
the
judicial
district
departments
of
correctional
services,
and
the
state
department
of
transportation
shall
provide
salary
data
to
the
department
of
management
and
the
legislative
services
agency
to
operate
the
state’s
salary
model.
The
format
and
frequency
of
provision
of
the
salary
data
shall
be
determined
by
the
department
of
management
and
the
legislative
services
agency.
The
information
shall
be
used
in
collective
bargaining
processes
under
chapter
20
and
in
calculating
the
funding
needs
contained
within
the
annual
salary
adjustment
legislation.
A
state
employee
organization
as
defined
in
section
20.3,
subsection
4,
may
request
information
produced
by
the
model,
but
the
information
provided
shall
not
contain
information
attributable
to
individual
employees.
DIVISION
IV
CORRECTIVE
PROVISIONS
Sec.
26.
Section
123.122,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
536,
section
48,
is
amended
to
read
as
follows:
123.122
Permit
or
license
required.
A
person
shall
not
manufacture
for
sale
or
sell
beer
at
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CCS-510
wholesale
or
retail
unless
a
permit
is
first
obtained
as
provided
in
this
subchapter
or,
a
liquor
control
license
authorizing
the
retail
sale
of
beer
is
first
obtained
as
provided
in
division
subchapter
I
of
this
chapter
.
A
liquor
control
license
holder
is
not
required
to
hold
a
separate
class
“B”
beer
permit.
Sec.
27.
Section
227.10,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
53,
is
amended
to
read
as
follows:
227.10
Transfers
from
county
or
private
institutions.
Patients
who
have
been
admitted
at
public
expense
to
any
institution
to
which
this
chapter
is
applicable
may
be
involuntarily
transferred
to
the
proper
state
hospital
for
persons
with
mental
illness
in
the
manner
prescribed
by
sections
229.6
to
229.13
.
The
application
required
by
section
229.6
may
be
filed
by
the
administrator
of
the
division
or
the
administrator’s
designee,
or
by
the
administrator
of
the
institution
where
the
patient
is
then
being
maintained
or
treated.
If
the
patient
was
admitted
to
that
institution
involuntarily,
the
administrator
of
the
division
may
arrange
and
complete
the
transfer,
and
shall
report
it
as
required
of
a
chief
medical
officer
under
section
229.15,
subsection
5
.
The
transfer
shall
be
made
at
the
mental
health
and
disabilities
disability
services
region’s
expense,
and
the
expense
recovered,
as
provided
in
section
227.7
.
However,
transfer
under
this
section
of
a
patient
whose
expenses
are
payable
in
whole
or
in
part
by
a
the
mental
health
and
disabilities
disability
services
region
is
subject
to
an
authorization
for
the
transfer
through
the
regional
administrator
for
the
patient’s
county
of
residence.
Sec.
28.
Section
227.14,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
56,
is
amended
to
read
as
follows:
227.14
Caring
for
persons
with
mental
illness
from
other
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counties.
The
regional
administrator
for
a
county
that
does
not
have
proper
facilities
for
caring
for
persons
with
mental
illness
may,
with
the
consent
of
the
administrator
of
the
division,
provide
for
such
care
at
the
expense
of
the
mental
health
and
disabilities
disability
services
region
in
any
convenient
and
proper
county
or
private
institution
for
persons
with
mental
illness
which
is
willing
to
receive
the
persons.
Sec.
29.
Section
229.1B,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
59,
is
amended
to
read
as
follows:
229.1B
Regional
administrator.
Notwithstanding
any
provision
of
this
chapter
to
the
contrary,
any
person
whose
hospitalization
expenses
are
payable
in
whole
or
in
part
by
a
mental
health
and
disabilities
disability
services
region
shall
be
subject
to
all
administrative
requirements
of
the
regional
administrator
for
the
county.
Sec.
30.
Section
229.2,
subsection
1,
paragraph
b,
subparagraph
(3),
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
60,
is
amended
to
read
as
follows:
(3)
As
soon
as
is
practicable
after
the
filing
of
a
petition
for
juvenile
court
approval
of
the
admission
of
the
minor,
the
juvenile
court
shall
determine
whether
the
minor
has
an
attorney
to
represent
the
minor
in
the
hospitalization
proceeding,
and
if
not,
the
court
shall
assign
to
the
minor
an
attorney.
If
the
minor
is
financially
unable
to
pay
for
an
attorney,
the
attorney
shall
be
compensated
by
the
mental
health
and
disabilities
disability
services
region
at
an
hourly
rate
to
be
established
by
the
regional
administrator
for
the
county
in
which
the
proceeding
is
held
in
substantially
the
same
manner
as
provided
in
section
815.7
.
Sec.
31.
Section
229.8,
subsection
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
61,
is
amended
to
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93
CCS-510
read
as
follows:
1.
Determine
whether
the
respondent
has
an
attorney
who
is
able
and
willing
to
represent
the
respondent
in
the
hospitalization
proceeding,
and
if
not,
whether
the
respondent
is
financially
able
to
employ
an
attorney
and
capable
of
meaningfully
assisting
in
selecting
one.
In
accordance
with
those
determinations,
the
court
shall
if
necessary
allow
the
respondent
to
select,
or
shall
assign
to
the
respondent,
an
attorney.
If
the
respondent
is
financially
unable
to
pay
an
attorney,
the
attorney
shall
be
compensated
by
the
mental
health
and
disabilities
disability
services
region
at
an
hourly
rate
to
be
established
by
the
regional
administrator
for
the
county
in
which
the
proceeding
is
held
in
substantially
the
same
manner
as
provided
in
section
815.7
.
Sec.
32.
Section
229.10,
subsection
1,
paragraph
a,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
62,
is
amended
to
read
as
follows:
a.
An
examination
of
the
respondent
shall
be
conducted
by
one
or
more
licensed
physicians,
as
required
by
the
court’s
order,
within
a
reasonable
time.
If
the
respondent
is
detained
pursuant
to
section
229.11,
subsection
1
,
paragraph
“b”
,
the
examination
shall
be
conducted
within
twenty-four
hours.
If
the
respondent
is
detained
pursuant
to
section
229.11,
subsection
1
,
paragraph
“a”
or
“c”
,
the
examination
shall
be
conducted
within
forty-eight
hours.
If
the
respondent
so
desires,
the
respondent
shall
be
entitled
to
a
separate
examination
by
a
licensed
physician
of
the
respondent’s
own
choice.
The
reasonable
cost
of
the
examinations
shall,
if
the
respondent
lacks
sufficient
funds
to
pay
the
cost,
be
paid
by
the
regional
administrator
from
mental
health
and
disabilities
disability
services
region
funds
upon
order
of
the
court.
Sec.
33.
Section
229.11,
subsection
1,
unnumbered
paragraph
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
63,
is
amended
to
read
as
follows:
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If
the
applicant
requests
that
the
respondent
be
taken
into
immediate
custody
and
the
judge,
upon
reviewing
the
application
and
accompanying
documentation,
finds
probable
cause
to
believe
that
the
respondent
has
a
serious
mental
impairment
and
is
likely
to
injure
the
respondent
or
other
persons
if
allowed
to
remain
at
liberty,
the
judge
may
enter
a
written
order
directing
that
the
respondent
be
taken
into
immediate
custody
by
the
sheriff
or
the
sheriff’s
deputy
and
be
detained
until
the
hospitalization
hearing.
The
hospitalization
hearing
shall
be
held
no
more
than
five
days
after
the
date
of
the
order,
except
that
if
the
fifth
day
after
the
date
of
the
order
is
a
Saturday,
Sunday,
or
a
holiday,
the
hearing
may
be
held
on
the
next
succeeding
business
day.
If
the
expenses
of
a
respondent
are
payable
in
whole
or
in
part
by
a
mental
health
and
disabilities
disability
services
region,
for
a
placement
in
accordance
with
paragraph
“a”
,
the
judge
shall
give
notice
of
the
placement
to
the
regional
administrator
for
the
county
in
which
the
court
is
located,
and
for
a
placement
in
accordance
with
paragraph
“b”
or
“c”
,
the
judge
shall
order
the
placement
in
a
hospital
or
facility
designated
through
the
regional
administrator.
The
judge
may
order
the
respondent
detained
for
the
period
of
time
until
the
hearing
is
held,
and
no
longer,
in
accordance
with
paragraph
“a”
,
if
possible,
and
if
not
then
in
accordance
with
paragraph
“b”
,
or,
only
if
neither
of
these
alternatives
is
available,
in
accordance
with
paragraph
“c”
.
Detention
may
be:
Sec.
34.
Section
229.13,
subsection
1,
paragraph
a,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
64,
is
amended
to
read
as
follows:
a.
The
court
shall
order
a
respondent
whose
expenses
are
payable
in
whole
or
in
part
by
a
mental
health
and
disabilities
disability
services
region
placed
under
the
care
of
an
appropriate
hospital
or
facility
designated
through
the
county’s
regional
administrator
on
an
inpatient
or
outpatient
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basis.
Sec.
35.
Section
229.14,
subsection
2,
paragraph
a,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
65,
is
amended
to
read
as
follows:
a.
For
a
respondent
whose
expenses
are
payable
in
whole
or
in
part
by
a
mental
health
and
disabilities
disability
services
region,
placement
as
designated
through
the
county’s
regional
administrator
in
the
care
of
an
appropriate
hospital
or
facility
on
an
inpatient
or
outpatient
basis,
or
other
appropriate
treatment,
or
in
an
appropriate
alternative
placement.
Sec.
36.
Section
229.14A,
subsection
7,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
66,
is
amended
to
read
as
follows:
7.
If
a
respondent’s
expenses
are
payable
in
whole
or
in
part
by
a
mental
health
and
disabilities
disability
services
region
through
the
county’s
regional
administrator,
notice
of
a
placement
hearing
shall
be
provided
to
the
county
attorney
and
the
regional
administrator.
At
the
hearing,
the
county
may
present
evidence
regarding
appropriate
placement.
Sec.
37.
Section
229.42,
subsection
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
68,
is
amended
to
read
as
follows:
1.
If
a
person
wishing
to
make
application
for
voluntary
admission
to
a
mental
hospital
established
by
chapter
226
is
unable
to
pay
the
costs
of
hospitalization
or
those
responsible
for
the
person
are
unable
to
pay
the
costs,
application
for
authorization
of
voluntary
admission
must
be
made
through
a
regional
administrator
before
application
for
admission
is
made
to
the
hospital.
The
person’s
county
of
residence
shall
be
determined
through
the
regional
administrator
and
if
the
admission
is
approved
through
the
regional
administrator,
the
person’s
admission
to
a
mental
health
hospital
shall
be
authorized
as
a
voluntary
case.
The
authorization
shall
be
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issued
on
forms
provided
by
the
department
of
human
services’
administrator.
The
costs
of
the
hospitalization
shall
be
paid
by
the
county
of
residence
through
the
regional
administrator
to
the
department
of
human
services
and
credited
to
the
general
fund
of
the
state,
provided
that
the
mental
health
hospital
rendering
the
services
has
certified
to
the
county
auditor
of
the
county
of
residence
and
the
regional
administrator
the
amount
chargeable
to
the
mental
health
and
disabilities
disability
services
region
and
has
sent
a
duplicate
statement
of
the
charges
to
the
department
of
human
services.
A
mental
health
and
disabilities
disability
services
region
shall
not
be
billed
for
the
cost
of
a
patient
unless
the
patient’s
admission
is
authorized
through
the
regional
administrator.
The
mental
health
institute
and
the
regional
administrator
shall
work
together
to
locate
appropriate
alternative
placements
and
services,
and
to
educate
patients
and
family
members
of
patients
regarding
such
alternatives.
Sec.
38.
Section
230.1,
subsection
3,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
69,
is
amended
to
read
as
follows:
3.
A
mental
health
and
disabilities
disability
services
region
or
county
of
residence
is
not
liable
for
costs
and
expenses
associated
with
a
person
with
mental
illness
unless
the
costs
and
expenses
are
for
services
and
other
support
authorized
for
the
person
through
the
county’s
regional
administrator.
For
the
purposes
of
this
chapter
,
“regional
administrator”
means
the
same
as
defined
in
section
331.388
.
Sec.
39.
Section
230.20,
subsection
2,
paragraph
b,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
71,
is
amended
to
read
as
follows:
b.
The
per
diem
costs
billed
to
each
mental
health
and
disabilities
disability
services
region
shall
not
exceed
the
per
diem
costs
billed
to
the
county
in
the
fiscal
year
beginning
July
1,
1996.
However,
the
per
diem
costs
billed
to
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a
mental
health
and
disabilities
disability
services
region
may
be
adjusted
annually
to
reflect
increased
costs,
to
the
extent
of
the
percentage
increase
in
the
statewide
per
capita
expenditure
target
amount,
if
any
per
capita
growth
amount
is
authorized
by
the
general
assembly
for
the
fiscal
year
in
accordance
with
section
426B.3
.
Sec.
40.
Section
279.10,
subsection
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
227,
section
2,
is
amended
to
read
as
follows:
1.
The
school
year
for
each
school
district
and
accredited
nonpublic
school
shall
begin
on
July
1
and
the
school
calendar
shall
begin
no
sooner
than
August
23
and
no
later
than
the
first
Monday
in
December.
The
school
calendar
shall
include
not
less
than
one
hundred
eighty
days
,
except
as
provided
in
subsection
3
,
or
one
thousand
eighty
hours
of
instruction
during
the
calendar
year.
The
board
of
directors
of
a
school
district
and
the
authorities
in
charge
of
an
accredited
nonpublic
school
shall
determine
the
school
start
date
for
the
school
calendar
in
accordance
with
this
subsection
and
shall
set
the
number
of
days
or
hours
of
required
attendance
for
the
school
year
as
provided
in
section
299.1,
subsection
2
,
but
the
board
of
directors
of
a
school
district
shall
hold
a
public
hearing
on
any
proposed
school
calendar
prior
to
adopting
the
school
calendar.
If
the
board
of
directors
of
a
district
or
the
authorities
in
charge
of
an
accredited
nonpublic
school
extends
the
school
calendar
because
inclement
weather
caused
the
school
district
or
accredited
nonpublic
school
to
temporarily
close
during
the
regular
school
calendar,
the
school
district
or
accredited
nonpublic
school
may
excuse
a
graduating
senior
who
has
met
district
or
school
requirements
for
graduation
from
attendance
during
the
extended
school
calendar.
A
school
corporation
may
begin
employment
of
personnel
for
in-service
training
and
development
purposes
before
the
date
to
begin
elementary
and
secondary
school.
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Sec.
41.
Section
426B.5,
subsection
2,
paragraph
c,
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
78,
is
amended
to
read
as
follows:
c.
A
risk
pool
board
is
created.
The
board
shall
consist
of
two
county
supervisors,
two
county
auditors,
a
member
of
the
mental
health
and
disability
services
commission
who
is
not
a
member
of
a
county
board
of
supervisors,
a
member
of
the
county
finance
committee
created
in
chapter
333A
who
is
not
an
elected
official,
a
representative
of
a
provider
of
mental
health
or
developmental
disabilities
services
selected
from
nominees
submitted
by
the
Iowa
association
of
community
providers,
and
two
staff
members
of
regional
administrators
of
county
mental
health
and
disability
services
regions
,
all
appointed
by
the
governor,
and
one
member
appointed
by
the
director
of
human
services.
All
members
appointed
by
the
governor
shall
be
subject
to
confirmation
by
the
senate.
Members
shall
serve
for
three-year
terms.
A
vacancy
shall
be
filled
in
the
same
manner
as
the
original
appointment.
Expenses
and
other
costs
of
the
risk
pool
board
members
representing
counties
shall
be
paid
by
the
county
of
origin.
Expenses
and
other
costs
of
risk
pool
board
members
who
do
not
represent
counties
shall
be
paid
from
a
source
determined
by
the
governor.
Staff
assistance
to
the
board
shall
be
provided
by
the
department
of
human
services
and
counties.
Actuarial
expenses
and
other
direct
administrative
costs
shall
be
charged
to
the
pool.
Sec.
42.
Section
459A.302,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
33,
is
amended
to
read
as
follows:
Prior
to
constructing
a
settled
open
feedlot
effluent
basin
or
an
animal
truck
wash
effluent
structure,
the
site
for
the
basin
or
structure
shall
be
investigated
for
a
drainage
tile
line
by
the
owner
of
the
open
feedlot
operation
or
animal
truck
wash
facility.
The
investigation
shall
be
made
by
digging
a
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core
trench
to
a
depth
of
at
least
six
feet
deep
from
ground
level
at
the
projected
center
of
the
berm
of
the
basin
or
structure.
If
a
drainage
tile
line
is
discovered,
one
of
the
following
solutions
shall
be
implemented:
Sec.
43.
Section
459A.302,
subsection
2,
paragraph
a,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
34,
is
amended
to
read
as
follows:
a.
The
settled
open
feedlot
effluent
basin
or
an
animal
truck
wash
effluent
structure
shall
be
constructed
with
a
minimum
separation
of
two
feet
between
the
top
of
the
liner
of
the
basin
or
structure
and
the
seasonal
high-water
table.
Sec.
44.
Section
459A.404,
subsection
3,
paragraphs
b
and
c,
if
enacted
by
2015
Iowa
Acts,
House
File
583,
section
41,
are
amended
to
read
as
follows:
b.
For
purposes
of
section
459.310,
subsection
4,
the
provisions
relating
to
an
unformed
manure
storage
structure
shall
apply
to
an
unformed
animal
truck
wash
effluent
structure
and
the
provisions
relating
to
a
formed
manure
storage
structure
shall
apply
to
a
formed
animal
truck
wash
effluent
structure.
However,
the
c.
Notwithstanding
section
459.310,
subsection
4,
a
requirement
in
section
459.310,
subsection
4,
paragraph
“a”
,
relating
to
animal
weight
capacity
or
animal
unit
capacity
shall
not
apply
to
the
replacement
of
an
unformed
animal
truck
wash
effluent
structure
with
a
formed
animal
truck
wash
effluent
structure
.
In
addition,
the
capacity
of
a
replacement
animal
truck
wash
effluent
structure
shall
not
exceed
the
amount
required
to
store
animal
truck
wash
effluent
for
any
eighteen-month
period.
Sec.
45.
Section
459A.411,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
43,
if
enacted,
is
amended
to
read
as
follows:
459A.411
Discontinuance
of
operations.
The
owner
of
an
open
feedlot
operation
or
animal
truck
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wash
facility
who
discontinues
its
operation
shall
remove
all
effluent
from
related
open
feedlot
operation
structures
or
animal
truck
wash
effluent
structures
used
to
store
effluent,
as
soon
as
practical
but
not
later
than
six
months
following
the
date
the
operations
of
the
open
feedlot
operation
or
animal
truck
wash
facility
is
are
discontinued.
Sec.
46.
Section
476.53,
subsection
3,
paragraph
a,
subparagraph
(1),
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
535,
section
61,
is
amended
to
read
as
follows:
(1)
(a)
Files
an
application
pursuant
to
section
476A.3
to
construct
in
Iowa
a
baseload
electric
power
generating
facility
with
a
nameplate
generating
capacity
equal
to
or
greater
than
three
hundred
megawatts
or
a
combined-cycle
electric
power
generating
facility,
or
an
alternate
energy
production
facility
as
defined
in
section
476.42
,
or
to
significantly
alter
an
existing
generating
facility.
For
purposes
of
this
subparagraph,
a
significant
alteration
of
an
existing
generating
facility
must,
in
order
to
qualify
for
establishment
of
ratemaking
principles,
fall
into
one
of
the
following
categories:
(i)
Conversion
of
a
coal
fueled
facility
into
a
gas
fueled
facility.
(ii)
Addition
of
carbon
capture
and
storage
facilities
at
a
coal
fueled
facility.
(iii)
Addition
of
gas
fueled
capability
to
a
coal
fueled
facility,
in
order
to
convert
the
facility
to
one
that
will
rely
primarily
on
gas
for
future
generation.
(iv)
Addition
of
a
biomass
fueled
capability
to
a
coal
fueled
facility.
(b)
With
respect
to
a
significant
alteration
of
an
existing
generating
facility,
an
original
facility
shall
not
be
required
to
be
either
a
baseload
or
a
combined-cycle
facility.
Only
the
incremental
investment
undertaken
by
a
utility
under
subparagraph
division
(a),
subparagraph
subdivision
(i),
(ii),
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(iii),
or
(iv)
shall
be
eligible
to
apply
the
ratemaking
principles
established
by
the
order
issued
pursuant
to
paragraph
“e”
.
Facilities
for
which
advanced
ratemaking
principles
are
obtained
pursuant
to
this
section
shall
not
be
subject
to
a
subsequent
board
review
pursuant
to
section
476.6,
subsection
20
,
to
the
extent
that
the
investment
has
been
considered
by
the
board
under
this
section
.
To
the
extent
an
eligible
utility
has
been
authorized
to
make
capital
investments
subject
to
section
476.6,
subsection
20
,
such
investments
shall
not
be
eligible
for
ratemaking
principles
pursuant
to
this
section
.
Sec.
47.
Section
602.3205,
subsection
3,
paragraph
b,
if
enacted
by
2015
Iowa
Acts,
Senate
File
404,
section
5,
is
amended
to
read
as
follows:
b.
The
audio
recordings
provided
in
to
the
board
pursuant
to
this
subsection
shall
be
kept
confidential
by
the
board
in
a
manner
as
provided
in
section
272C.6,
subsection
4.
Sec.
48.
Section
602.11113,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
536,
section
177,
is
amended
to
read
as
follows:
602.11113
Bailiffs
employed
as
court
attendants.
Persons
who
were
employed
as
bailiffs
and
who
were
performing
services
for
the
court,
other
than
law
enforcement
services,
immediately
prior
to
July
1,
1983,
shall
be
employed
by
the
district
court
administrators
as
court
attendants
under
section
602.6601
on
July
1,
1983.
Sec.
49.
Section
714.23,
subsection
4A,
paragraph
a,
if
enacted
by
2015
Iowa
Acts,
Senate
File
501,
section
2,
or
2015
Iowa
Acts,
House
File
663,
section
2,
is
amended
to
read
as
follows:
a.
A
student
who
does
not
receive
a
tuition
refund
up
to
the
full
refund
of
tuition
charges
due
to
the
effect
of
an
interstate
reciprocity
agreement
under
section
261G.4,
subsection
1,
may
apply
to
the
attorney
general
for
a
refund
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in
a
sum
that
represents
the
difference
between
any
tuition
refund
received
from
the
school
and
the
full
refund
of
tuition
charges.
For
purposes
of
this
subsection,
“full
refund
of
tuition
charges”
means
the
monetary
sum
of
the
refund
for
which
the
student
would
be
eligible
pursuant
to
the
application
of
this
section.
Sec.
50.
Section
902.1,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
as
enacted
by
2015
Iowa
Acts,
Senate
File
448,
section
1,
is
amended
to
read
as
follows:
Notwithstanding
subsection
1
,
a
defendant
convicted
of
murder
in
the
first
degree
in
violation
of
section
707.2
,
and
who
was
under
the
age
of
eighteen
at
the
time
the
offense
was
committed
shall
receive
one
of
the
following
sentences:
Sec.
51.
Section
916.1,
subsection
1,
as
enacted
by
2015
Iowa
Acts,
House
File
496,
section
1,
is
amended
to
read
as
follows:
1.
“Confidential
communication”
means
confidential
information
shared
between
a
victim
and
a
military
victim
advocate
within
the
advocacy
relationship,
and
includes
all
information
received
by
the
advocate
and
any
advice,
report,
or
working
paper
given
to
or
prepared
by
the
advocate
in
the
course
of
the
advocacy
relationship
with
the
victim.
“Confidential
information”
is
confidential
information
which,
so
far
as
the
victim
is
aware,
is
not
disclosed
to
a
third
party
with
the
exception
of
a
person
present
in
the
consultation
for
the
purpose
of
furthering
the
interest
of
the
victim,
a
person
to
whom
disclosure
is
reasonably
necessary
for
the
transmission
of
the
information,
or
a
person
with
whom
disclosure
is
necessary
for
accomplishment
of
the
purpose
for
which
the
advocate
is
consulted
by
the
victim.
Sec.
52.
RETROACTIVE
APPLICABILITY.
The
section
of
this
division
of
this
Act
amending
section
279.10,
subsection
1,
applies
retroactively
to
April
10,
2015.
Sec.
53.
RETROACTIVE
APPLICABILITY.
The
section
of
this
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division
of
this
Act
amending
section
902.1,
subsection
2,
paragraph
“a”,
unnumbered
paragraph
1,
applies
retroactively
to
April
24,
2015.
DIVISION
V
DEPARTMENT
OF
MANAGEMENT
——
DUTIES
Sec.
54.
Section
8.6,
subsections
12
and
13,
Code
2015,
are
amended
by
striking
the
subsections.
Sec.
55.
Section
8A.111,
Code
2015,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
11.
An
annual
report
on
the
administration
and
promotion
of
equal
opportunity
in
state
contracts
and
services
under
section
19B.7.
Sec.
56.
Section
19B.6,
Code
2015,
is
amended
to
read
as
follows:
19B.6
Responsibilities
of
department
of
administrative
services
and
department
of
management
——
affirmative
action.
The
department
of
administrative
services
shall
oversee
the
implementation
of
sections
19B.1
through
19B.5
and
shall
work
with
the
governor
to
ensure
compliance
with
those
sections,
including
the
attainment
of
affirmative
action
goals
and
timetables,
by
all
state
agencies,
excluding
the
state
board
of
regents
and
its
institutions.
The
department
of
management
shall
oversee
the
implementation
of
sections
19B.1
through
19B.5
and
shall
work
with
the
governor
to
ensure
compliance
with
those
sections,
including
the
attainment
of
affirmative
action
goals
and
timetables,
by
the
state
board
of
regents
and
its
institutions.
Sec.
57.
Section
19B.7,
subsection
1,
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
follows:
Except
as
otherwise
provided
in
subsection
2
,
the
department
of
management
administrative
services
is
responsible
for
the
administration
and
promotion
of
equal
opportunity
in
all
state
contracts
and
services
and
the
prohibition
of
discriminatory
and
unfair
practices
within
any
program
receiving
or
benefiting
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from
state
financial
assistance
in
whole
or
in
part.
In
carrying
out
these
responsibilities
the
department
of
management
administrative
services
shall:
Sec.
58.
Section
19B.8,
Code
2015,
is
amended
to
read
as
follows:
19B.8
Sanctions.
The
department
of
management
administrative
services
may
impose
appropriate
sanctions
on
individual
state
agencies,
including
the
state
board
of
regents
and
its
institutions,
and
upon
a
community
college,
area
education
agency,
or
school
district,
in
order
to
ensure
compliance
with
state
programs
emphasizing
equal
opportunity
through
affirmative
action,
contract
compliance
policies,
and
requirements
for
procurement
goals
for
targeted
small
businesses.
DIVISION
VI
ANIMAL
TRUCK
WASH
FACILITIES
Sec.
59.
Section
459A.105,
subsection
2,
paragraph
b,
as
enacted
by
2015
Iowa
Acts,
House
File
583,
section
10,
is
amended
to
read
as
follows:
b.
(1)
The
requirements
of
section
459A.205
,
including
rules
adopted
by
the
commission
pursuant
to
that
section
shall
apply
to
a
small
animal
truck
wash
facility
only
to
the
extent
required
by
section
459A.205,
subsection
4A
.
(2)
The
requirements
of
sections
section
459A.404
,
and
including
rules
adopted
by
the
commission
pursuant
to
that
section,
shall
apply
to
a
small
animal
truck
wash
facility.
However,
459A.404,
subsection
1,
shall
only
apply
to
a
small
animal
truck
wash
facility
as
provided
in
that
subsection.
(3)
The
requirements
of
section
459A.410
,
including
rules
adopted
by
the
commission
under
those
provisions
that
section
,
shall
apply
to
a
small
animal
truck
wash
facility.
Sec.
60.
Section
459A.206,
subsection
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
25,
is
amended
to
read
as
follows:
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1.
A
settled
open
feedlot
effluent
basin
or
an
unformed
animal
truck
wash
effluent
structure
required
to
be
constructed
pursuant
to
a
construction
permit
issued
pursuant
to
section
459A.205
shall
meet
design
standards
as
required
by
a
soils
and
hydrogeologic
report.
Sec.
61.
Section
459A.206,
subsection
2,
paragraph
c,
Code
2015,
is
amended
to
read
as
follows:
c.
The
results
of
at
least
three
soil
corings
reflecting
the
continuous
soil
profile
taken
for
each
settled
open
feed
lot
effluent
basin
or
unformed
animal
truck
wash
effluent
structure
.
The
soil
corings
shall
be
taken
and
used
in
determining
subsurface
soil
characteristics
and
groundwater
elevation
and
direction
of
flow
of
the
proposed
site
for
construction.
The
soil
corings
shall
be
taken
as
follows:
(1)
By
a
qualified
person
ordinarily
engaged
in
the
practice
of
taking
soil
cores
and
in
performing
soil
testing.
(2)
At
locations
that
reflect
the
continuous
soil
profile
conditions
existing
within
the
area
of
the
proposed
basin
or
unformed
structure
,
including
conditions
found
near
the
corners
and
the
deepest
point
of
the
proposed
basin.
The
soil
corings
shall
be
taken
to
a
minimum
depth
of
ten
feet
below
the
bottom
elevation
of
the
basin.
(3)
By
a
method
such
as
hollow
stem
auger
or
other
method
that
identifies
the
continuous
soil
profile
and
does
not
result
in
the
mixing
of
soil
layers.
Sec.
62.
Section
459A.207,
subsection
1,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
The
basin
or
structure
was
constructed
in
accordance
with
the
design
plans
submitted
to
the
department
as
part
of
an
application
for
a
construction
permit
pursuant
to
section
459A.205
.
If
the
actual
construction
deviates
from
the
approved
design
plans,
the
construction
certification
shall
identify
all
changes
and
certify
that
the
changes
were
consistent
with
all
applicable
standards
of
this
section
.
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Sec.
63.
Section
459A.302,
unnumbered
paragraph
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
32,
is
amended
to
read
as
follows:
A
settled
open
feedlot
effluent
basin
or
an
unformed
animal
truck
wash
effluent
structure
required
to
be
constructed
pursuant
to
a
construction
permit
issued
pursuant
to
section
459A.205
shall
meet
all
of
the
following
requirements:
Sec.
64.
Section
459A.302,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
33,
is
amended
to
read
as
follows:
Prior
to
constructing
a
settled
open
feedlot
effluent
basin
or
an
unformed
animal
truck
wash
effluent
structure,
the
site
for
the
basin
or
structure
shall
be
investigated
for
a
drainage
tile
line
by
the
owner
of
the
open
feedlot
operation
or
animal
truck
wash
facility.
The
investigation
shall
be
made
by
digging
a
core
trench
to
a
depth
of
at
least
six
feet
deep
from
ground
level
at
the
projected
center
of
the
berm
of
the
basin
or
unformed
structure.
If
a
drainage
tile
line
is
discovered,
one
of
the
following
solutions
shall
be
implemented:
Sec.
65.
Section
459A.302,
subsection
1,
paragraph
a,
subparagraphs
(1)
and
(2),
Code
2015,
are
amended
to
read
as
follows:
(1)
The
drainage
tile
line
shall
be
rerouted
around
the
perimeter
of
the
basin
or
unformed
animal
truck
wash
effluent
structure
at
a
distance
of
at
least
twenty-five
feet
horizontally
separated
from
the
outside
edge
of
the
berm
of
the
basin
or
unformed
structure
.
For
an
area
of
the
basin
or
unformed
structure
where
there
is
not
a
berm,
the
drainage
tile
line
shall
be
rerouted
at
least
fifty
feet
horizontally
separated
from
the
edge
of
the
basin
or
unformed
structure
.
(2)
The
drainage
tile
line
shall
be
replaced
with
a
nonperforated
tile
line
under
the
basin
floor
of
the
basin
or
unformed
animal
truck
wash
effluent
structure
.
The
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nonperforated
tile
line
shall
be
continuous
and
without
connecting
joints.
There
must
be
a
minimum
of
three
feet
between
the
nonperforated
tile
line
and
the
basin
floor
of
the
basin
or
unformed
structure
.
Sec.
66.
Section
459A.302,
subsections
2,
3,
4,
and
5,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
34,
are
amended
to
read
as
follows:
2.
a.
The
settled
open
feedlot
effluent
basin
or
an
unformed
animal
truck
wash
effluent
structure
shall
be
constructed
with
a
minimum
separation
of
two
feet
between
the
top
of
the
liner
of
the
basin
or
unformed
structure
and
the
seasonal
high-water
table.
b.
If
a
drainage
tile
line
around
the
perimeter
of
the
settled
open
feedlot
effluent
basin
or
unformed
animal
truck
wash
effluent
structure
is
installed
a
minimum
of
two
feet
below
the
top
of
the
basin’s
or
unformed
structure’s
liner
to
artificially
lower
the
seasonal
high-water
table,
the
top
of
the
liner
may
be
a
maximum
of
four
feet
below
the
seasonal
high-water
table.
The
seasonal
high-water
table
may
be
artificially
lowered
by
gravity
flow
tile
lines
or
other
similar
system.
However,
the
following
shall
apply:
(1)
Except
as
provided
in
subparagraph
(2),
an
open
feedlot
operation
or
animal
truck
wash
facility
shall
not
use
a
nongravity
mechanical
system
that
uses
pumping
equipment.
(2)
If
the
open
feedlot
operation
was
constructed
before
July
1,
2005,
the
operation
may
continue
to
use
its
existing
nongravity
mechanical
system
that
uses
pumping
equipment
or
it
may
construct
a
new
nongravity
mechanical
system
that
uses
pumping
equipment.
However,
an
open
feedlot
operation
that
expands
the
area
of
its
open
feedlot
on
or
after
April
1,
2011,
shall
not
use
a
nongravity
mechanical
system
that
uses
pumping
equipment.
3.
Drainage
tile
lines
may
be
installed
to
artificially
lower
the
seasonal
high-water
table
at
a
settled
open
feedlot
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effluent
basin
or
an
unformed
animal
truck
wash
effluent
structure,
if
all
of
the
following
conditions
are
satisfied:
a.
A
device
to
allow
monitoring
of
the
water
in
the
drainage
tile
lines
and
a
device
to
allow
shutoff
of
the
flow
in
the
drainage
tile
lines
are
installed,
if
the
drainage
tile
lines
do
not
have
a
surface
outlet
accessible
on
the
property
where
the
basin
or
unformed
structure
is
located.
b.
Drainage
tile
lines
are
installed
horizontally
at
least
twenty-five
feet
away
from
the
basin
or
unformed
structure.
Drainage
tile
lines
shall
be
placed
in
a
vertical
trench
and
encased
in
granular
material
which
extends
upward
to
the
level
of
the
seasonal
high-water
table.
4.
A
settled
open
feedlot
effluent
basin
or
an
unformed
animal
truck
wash
effluent
structure
shall
be
constructed
with
at
least
four
feet
between
the
bottom
of
the
basin
or
unformed
structure
and
a
bedrock
formation.
5.
A
settled
open
feedlot
effluent
basin
or
an
unformed
animal
truck
wash
effluent
structure
constructed
on
a
floodplain
or
within
a
floodway
of
a
river
or
stream
shall
comply
with
rules
adopted
by
the
commission.
Sec.
67.
Section
459A.302,
subsection
6,
unnumbered
paragraph
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
35,
is
amended
to
read
as
follows:
The
liner
of
a
settled
open
feedlot
effluent
basin
or
unformed
animal
truck
wash
effluent
structure
shall
comply
with
all
of
the
following:
Sec.
68.
Section
459A.302,
subsection
7,
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
36,
is
amended
to
read
as
follows:
7.
The
owner
of
an
open
feedlot
operation
using
a
settled
open
feedlot
effluent
basin
or
animal
truck
wash
facility
using
an
unformed
animal
truck
wash
effluent
structure
shall
inspect
the
berms
of
the
basin
or
unformed
structure
at
least
semiannually
for
evidence
of
erosion.
If
the
inspection
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reveals
erosion
which
may
impact
the
basin’s
or
unformed
structure’s
structural
stability
or
the
integrity
of
the
basin’s
or
unformed
structure’s
liner,
the
owner
shall
repair
the
berms.
Sec.
69.
Section
459A.404,
subsection
1,
as
enacted
by
2015
Iowa
Acts,
House
File
583,
section
41,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0e.
Paragraph
“a”
or
“b”
does
not
apply
to
a
small
animal
truck
wash
facility.
DIVISION
VII
COUNTY
COURTHOUSES
Sec.
70.
Section
602.6105,
subsection
2,
Code
2015,
is
amended
to
read
as
follows:
2.
In
any
county
having
two
county
seats,
court
shall
be
held
at
each
,
and,
in
the
county
of
Pottawattamie,
court
shall
be
held
at
Avoca,
as
well
as
at
the
county
seat.
Sec.
71.
REPEAL.
1884
Iowa
Acts,
chapter
198,
is
repealed.
DIVISION
VIII
IOWA
EDUCATION
SAVINGS
PLAN
TRUST
Sec.
72.
Section
422.7,
subsection
32,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
Subtract
the
maximum
contribution
that
may
be
deducted
for
Iowa
income
tax
purposes
as
a
participant
in
the
Iowa
educational
savings
plan
trust
pursuant
to
section
12D.3,
subsection
1
,
paragraph
“a”
.
For
purposes
of
this
paragraph,
a
participant
who
makes
a
contribution
on
or
before
the
date
prescribed
in
section
422.21
for
making
and
filing
an
individual
income
tax
return,
excluding
extensions,
may
elect
to
be
deemed
to
have
made
the
contribution
on
the
last
day
of
the
preceding
calendar
year.
The
director,
after
consultation
with
the
treasurer
of
state,
shall
prescribe
by
rule
the
manner
and
method
by
which
a
participant
may
make
an
election
authorized
by
the
preceding
sentence.
Sec.
73.
RETROACTIVE
APPLICABILITY.
This
division
of
this
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applies
retroactively
to
January
1,
2015,
for
tax
years
beginning
on
or
after
that
date.
DIVISION
IX
RENEWABLE
FUELS
INFRASTRUCTURE
PROGRAM
Sec.
74.
Section
159A.14,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2015,
is
amended
to
read
as
follows:
(1)
Ethanol
infrastructure
shall
be
designed
and
used
exclusively
to
do
any
of
the
following:
(a)
Store
and
dispense
E-15
gasoline.
At
least
for
the
period
beginning
on
September
16
and
ending
on
May
31
of
each
year,
the
ethanol
infrastructure
must
be
used
to
store
and
dispense
E-15
gasoline
as
a
registered
fuel
recognized
by
the
United
States
environmental
protection
agency.
(a)
(b)
Store
and
dispense
E-85
gasoline.
(b)
(c)
Store,
blend,
and
dispense
motor
fuel
from
a
motor
fuel
blender
pump
,
as
required
in
this
subparagraph
division
.
The
ethanol
infrastructure
must
provide
be
used
for
the
storage
of
ethanol
or
ethanol
blended
gasoline,
or
for
blending
ethanol
with
gasoline.
The
ethanol
infrastructure
must
at
least
include
a
motor
fuel
blender
pump
which
dispenses
different
classifications
of
ethanol
blended
gasoline
and
allows
E-85
gasoline
to
be
dispensed
at
all
times
that
the
blender
pump
is
operating.
DIVISION
X
CLAIMS
AGAINST
THE
STATE
AND
BY
THE
STATE
Sec.
75.
Section
8.55,
subsection
3,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
Except
as
provided
in
paragraphs
“b”
,
“c”
,
and
“d”
,
and
“0e”
,
the
moneys
in
the
Iowa
economic
emergency
fund
shall
only
be
used
pursuant
to
an
appropriation
made
by
the
general
assembly.
An
appropriation
shall
only
be
made
for
the
fiscal
year
in
which
the
appropriation
is
made.
The
moneys
shall
only
be
appropriated
by
the
general
assembly
for
emergency
expenditures.
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Sec.
76.
Section
8.55,
subsection
3,
Code
2015,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0e.
There
is
appropriated
from
the
Iowa
economic
emergency
fund
to
the
state
appeal
board
an
amount
sufficient
to
pay
claims
authorized
by
the
state
appeal
board
as
provided
in
section
25.2.
Sec.
77.
Section
25.2,
subsection
4,
Code
2015,
is
amended
to
read
as
follows:
4.
Payments
authorized
by
the
state
appeal
board
shall
be
paid
from
the
appropriation
or
fund
of
original
certification
of
the
claim.
However,
if
that
appropriation
or
fund
has
since
reverted
under
section
8.33
,
then
such
payment
authorized
by
the
state
appeal
board
shall
be
out
of
any
money
in
the
state
treasury
not
otherwise
appropriated
as
follows:
a.
From
the
appropriation
made
from
the
Iowa
economic
emergency
fund
in
section
8.55
for
purposes
of
paying
such
expenses
.
b.
To
the
extent
the
appropriation
from
the
Iowa
economic
emergency
fund
described
in
paragraph
“a”
is
insufficient
to
pay
such
expenses,
there
is
appropriated
from
moneys
in
the
general
fund
of
the
state
not
otherwise
appropriated
the
amount
necessary
to
fund
the
deficiency.
DIVISION
XI
SCIENCE,
TECHNOLOGY,
ENGINEERING,
AND
MATHEMATICS
INTERNSHIP
Sec.
78.
Section
15.411,
subsection
3,
Code
2015,
is
amended
to
read
as
follows:
3.
a.
The
authority
shall
establish
and
administer
an
internship
program
with
two
components
for
Iowa
students.
To
the
extent
permitted
by
this
subsection,
the
authority
shall
administer
the
two
components
in
as
similar
a
manner
as
possible.
For
purposes
of
this
subsection
,
“Iowa
student”
means
a
student
of
an
Iowa
community
college,
private
college,
or
institution
of
higher
learning
under
the
control
of
the
state
board
of
regents,
or
a
student
who
graduated
from
high
school
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Iowa
but
now
attends
an
institution
of
higher
learning
outside
the
state
of
Iowa.
b.
The
purpose
of
the
first
component
of
the
program
is
to
link
Iowa
students
to
small
and
medium
sized
Iowa
firms
through
internship
opportunities.
An
Iowa
employer
may
receive
financial
assistance
in
an
amount
of
one
dollar
for
every
two
dollars
paid
by
the
employer
to
an
intern
on
a
matching
basis
for
a
portion
of
the
wages
paid
to
an
intern
.
If
providing
financial
assistance,
the
authority
shall
provide
the
assistance
on
a
reimbursement
basis
such
that
for
every
two
dollars
of
wages
earned
by
the
student,
one
dollar
paid
by
the
employer
is
matched
by
one
dollar
from
the
authority.
The
amount
of
financial
assistance
shall
not
exceed
three
thousand
one
hundred
dollars
for
any
single
internship,
or
nine
thousand
three
hundred
dollars
for
any
single
employer.
In
order
to
be
eligible
to
receive
financial
assistance
under
this
paragraph,
the
employer
must
have
five
hundred
or
fewer
employees
and
must
be
an
innovative
business.
The
authority
shall
encourage
youth
who
reside
in
economically
distressed
areas,
youth
adjudicated
to
have
committed
a
delinquent
act,
and
youth
transitioning
out
of
foster
care
to
participate
in
the
first
component
of
the
internship
program.
c.
(1)
The
purpose
of
the
second
component
of
the
program
is
to
assist
in
placing
Iowa
students
studying
in
the
fields
of
science,
technology,
engineering,
and
mathematics
into
internships
that
lead
to
permanent
positions
with
Iowa
employers.
The
authority
shall
collaborate
with
eligible
employers,
including
but
not
limited
to
innovative
businesses,
to
ensure
that
the
interns
hired
are
studying
in
such
fields.
An
Iowa
employer
may
receive
financial
assistance
in
an
amount
of
one
dollar
for
every
dollar
paid
by
the
employer
to
an
intern
on
a
matching
basis
for
a
portion
of
the
wages
paid
to
an
intern
.
If
providing
financial
assistance,
the
authority
shall
provide
the
assistance
on
a
reimbursement
basis
such
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that
for
every
two
dollars
of
wages
earned
by
the
student,
one
dollar
paid
by
the
employer
is
matched
by
one
dollar
from
the
authority.
The
amount
of
financial
assistance
shall
not
exceed
five
thousand
dollars
per
internship.
The
authority
may
adopt
rules
to
administer
this
component.
In
adopting
rules
to
administer
this
component,
the
authority
shall
adopt
rules
as
similar
as
possible
to
those
adopted
pursuant
to
paragraph
“b”
.
(2)
The
requirement
to
administer
this
component
of
the
internship
program
is
contingent
upon
the
provision
of
funding
for
such
purposes
by
the
general
assembly.
Sec.
79.
EMERGENCY
RULES.
The
economic
development
authority
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
of
this
division
of
this
Act
and
the
rules
shall
be
effective
immediately
upon
filing
unless
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
also
be
published
as
a
notice
of
intended
action
as
provided
in
section
17A.4.
Sec.
80.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
81.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
July
1,
2014.
DIVISION
XII
INTERSTATE
MEDICAL
LICENSURE
COMPACT
Sec.
82.
NEW
SECTION
.
148G.1
Interstate
medical
licensure
compact.
1.
Purpose.
a.
In
order
to
strengthen
access
to
health
care,
and
in
recognition
of
the
advances
in
the
delivery
of
health
care,
the
member
states
of
the
interstate
medical
licensure
compact
have
allied
in
common
purpose
to
develop
a
comprehensive
process
that
complements
the
existing
licensing
and
regulatory
authority
of
state
medical
boards
and
provides
a
streamlined
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process
that
allows
physicians
to
become
licensed
in
multiple
states,
thereby
enhancing
the
portability
of
a
medical
license
and
ensuring
the
safety
of
patients.
The
compact
creates
another
pathway
for
licensure
and
does
not
otherwise
change
a
state’s
existing
medical
practice
act.
The
compact
also
adopts
the
prevailing
standard
for
licensure
and
affirms
that
the
practice
of
medicine
occurs
where
the
patient
is
located
at
the
time
of
the
physician-patient
encounter,
and
therefore,
requires
the
physician
to
be
under
the
jurisdiction
of
the
state
medical
board
where
the
patient
is
located.
b.
State
medical
boards
that
participate
in
the
compact
retain
the
jurisdiction
to
impose
an
adverse
action
against
a
license
to
practice
medicine
in
that
state
issued
to
a
physician
through
the
procedures
in
the
compact.
2.
Definitions.
In
this
compact:
a.
“Bylaws”
means
those
bylaws
established
by
the
interstate
commission
pursuant
to
subsection
11
for
its
governance,
or
for
directing
and
controlling
its
actions
and
conduct.
b.
“Commissioner”
means
the
voting
representative
appointed
by
each
member
board
pursuant
to
subsection
11.
c.
“Conviction”
means
a
finding
by
a
court
that
an
individual
is
guilty
of
a
criminal
offense
through
adjudication,
or
entry
of
a
plea
of
guilt
or
no
contest
to
the
charge
by
the
offender.
Evidence
of
an
entry
of
a
conviction
of
a
criminal
offense
by
the
court
shall
be
considered
final
for
purposes
of
disciplinary
action
by
a
member
board.
d.
“Expedited
license”
means
a
full
and
unrestricted
medical
license
granted
by
a
member
state
to
an
eligible
physician
through
the
process
set
forth
in
the
compact.
e.
“Interstate
commission”
means
the
interstate
commission
created
pursuant
to
this
section.
f.
“License”
means
authorization
by
a
state
for
a
physician
to
engage
in
the
practice
of
medicine,
which
would
be
unlawful
without
the
authorization.
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g.
“Medical
practice
act”
means
laws
and
regulations
governing
the
practice
of
allopathic
and
osteopathic
medicine
within
a
member
state.
h.
“Member
board”
means
a
state
agency
in
a
member
state
that
acts
in
the
sovereign
interests
of
the
state
by
protecting
the
public
through
licensure,
regulation,
and
education
of
physicians
as
directed
by
the
state
government.
i.
“Member
state”
means
a
state
that
has
enacted
the
compact.
j.
“Offense”
means
a
felony,
gross
misdemeanor,
or
crime
of
moral
turpitude.
k.
“Physician”
means
any
person
who
satisfies
all
of
the
following:
(1)
Is
a
graduate
of
a
medical
school
accredited
by
the
liaison
committee
on
medical
education,
the
commission
on
osteopathic
college
accreditation,
or
a
medical
school
listed
in
the
international
medical
education
directory
or
its
equivalent.
(2)
Passed
each
component
of
the
United
States
medical
licensing
examination
or
the
comprehensive
osteopathic
medical
licensing
examination
within
three
attempts,
or
any
of
its
predecessor
examinations
accepted
by
a
state
medical
board
as
an
equivalent
examination
for
licensure
purposes.
(3)
Successfully
completed
graduate
medical
education
approved
by
the
accreditation
council
for
graduate
medical
education
or
the
American
osteopathic
association.
(4)
Holds
specialty
certification
or
a
time-unlimited
specialty
certificate
recognized
by
the
American
board
of
medical
specialties
or
the
American
osteopathic
association’s
bureau
of
osteopathic
specialists.
(5)
Possesses
a
full
and
unrestricted
license
to
engage
in
the
practice
of
medicine
issued
by
a
member
board.
(6)
Has
never
been
convicted,
received
adjudication,
deferred
adjudication,
community
supervision,
or
deferred
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disposition
for
any
offense
by
a
court
of
appropriate
jurisdiction.
(7)
Has
never
held
a
license
authorizing
the
practice
of
medicine
subjected
to
discipline
by
a
licensing
agency
in
any
state,
federal,
or
foreign
jurisdiction,
excluding
any
action
related
to
nonpayment
of
fees
related
to
a
license.
(8)
Has
never
had
a
controlled
substance
license
or
permit
suspended
or
revoked
by
a
state
or
the
United
States
drug
enforcement
administration.
(9)
Is
not
under
active
investigation
by
a
licensing
agency
or
law
enforcement
authority
in
any
state,
federal,
or
foreign
jurisdiction.
l.
“Practice
of
medicine”
means
the
clinical
prevention,
diagnosis,
or
treatment
of
human
disease,
injury,
or
condition
requiring
a
physician
to
obtain
and
maintain
a
license
in
compliance
with
the
medical
practice
act
of
a
member
state.
m.
“Rule”
means
a
written
statement
by
the
interstate
commission
promulgated
pursuant
to
subsection
12
that
is
of
general
applicability,
implements,
interprets,
or
prescribes
a
policy
or
provision
of
the
compact,
or
an
organizational,
procedural,
or
practice
requirement
of
the
interstate
commission,
and
has
the
force
and
effect
of
statutory
law
in
a
member
state,
and
includes
the
amendment,
repeal,
or
suspension
of
an
existing
rule.
n.
“State”
means
any
state,
commonwealth,
district,
or
territory
of
the
United
States.
o.
“State
of
principal
license”
means
a
member
state
where
a
physician
holds
a
license
to
practice
medicine
and
which
has
been
designated
as
such
by
the
physician
for
purposes
of
registration
and
participation
in
the
compact.
3.
Eligibility.
a.
A
physician
must
meet
the
eligibility
requirements
as
defined
in
subsection
2,
paragraph
“k”
,
to
receive
an
expedited
license
under
the
terms
and
provisions
of
the
compact.
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b.
A
physician
who
does
not
meet
the
requirements
of
subsection
2,
paragraph
“k”
,
may
obtain
a
license
to
practice
medicine
in
a
member
state
if
the
individual
complies
with
all
laws
and
requirements,
other
than
the
compact,
relating
to
the
issuance
of
a
license
to
practice
medicine
in
that
state.
4.
Designation
of
state
of
principal
license.
a.
A
physician
shall
designate
a
member
state
as
the
state
of
principal
license
for
purposes
of
registration
for
expedited
licensure
through
the
compact
if
the
physician
possesses
a
full
and
unrestricted
license
to
practice
medicine
in
that
state,
and
the
state
is:
(1)
The
state
of
primary
residence
for
the
physician,
or
(2)
The
state
where
at
least
twenty-five
percent
of
the
practice
of
medicine
occurs,
or
(3)
The
location
of
the
physician’s
employer,
or
(4)
If
no
state
qualifies
under
subparagraph
(1),
subparagraph
(2),
or
subparagraph
(3),
the
state
designated
as
state
of
residence
for
purposes
of
federal
income
tax.
b.
A
physician
may
redesignate
a
member
state
as
the
state
of
principal
license
at
any
time,
as
long
as
the
state
meets
the
requirements
in
paragraph
“a”
.
c.
The
interstate
commission
is
authorized
to
develop
rules
to
facilitate
redesignation
of
another
member
state
as
the
state
of
principal
license.
5.
Application
and
issuance
of
expedited
licensure.
a.
A
physician
seeking
licensure
through
the
compact
shall
file
an
application
for
an
expedited
license
with
the
member
board
of
the
state
selected
by
the
physician
as
the
state
of
principal
license.
b.
Upon
receipt
of
an
application
for
an
expedited
license,
the
member
board
within
the
state
selected
as
the
state
of
principal
license
shall
evaluate
whether
the
physician
is
eligible
for
expedited
licensure
and
issue
a
letter
of
qualification,
verifying
or
denying
the
physician’s
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eligibility,
to
the
interstate
commission.
(1)
Static
qualifications,
which
include
verification
of
medical
education,
graduate
medical
education,
results
of
any
medical
or
licensing
examination,
and
other
qualifications
as
determined
by
the
interstate
commission
through
rule,
shall
not
be
subject
to
additional
primary
source
verification
where
already
primary
source-verified
by
the
state
of
principal
license.
(2)
The
member
board
within
the
state
selected
as
the
state
of
principal
license
shall,
in
the
course
of
verifying
eligibility,
perform
a
criminal
background
check
of
an
applicant,
including
the
use
of
the
results
of
fingerprint
or
other
biometric
data
checks
compliant
with
the
requirements
of
the
federal
bureau
of
investigation,
with
the
exception
of
federal
employees
who
have
suitability
determination
in
accordance
with
5
C.F.R.
§731.202.
(3)
Appeal
on
the
determination
of
eligibility
shall
be
made
to
the
member
state
where
the
application
was
filed
and
shall
be
subject
to
the
law
of
that
state.
c.
Upon
verification
in
paragraph
“b”
,
physicians
eligible
for
an
expedited
license
shall
complete
the
registration
process
established
by
the
interstate
commission
to
receive
a
license
in
a
member
state
selected
pursuant
to
paragraph
“a”
,
including
the
payment
of
any
applicable
fees.
d.
After
receiving
verification
of
eligibility
under
paragraph
“b”
and
any
fees
under
paragraph
“c”
,
a
member
board
shall
issue
an
expedited
license
to
the
physician.
This
license
shall
authorize
the
physician
to
practice
medicine
in
the
issuing
state
consistent
with
the
medical
practice
act
and
all
applicable
laws
and
regulations
of
the
issuing
member
board
and
member
state.
e.
An
expedited
license
shall
be
valid
for
a
period
consistent
with
the
licensure
period
in
the
member
state
and
in
the
same
manner
as
required
for
other
physicians
holding
a
full
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and
unrestricted
license
within
the
member
state.
f.
An
expedited
license
obtained
through
the
compact
shall
be
terminated
if
a
physician
fails
to
maintain
a
license
in
the
state
of
principal
license
for
a
nondisciplinary
reason,
without
redesignation
of
a
new
state
of
principal
license.
g.
The
interstate
commission
is
authorized
to
develop
rules
regarding
the
application
process,
including
payment
of
any
applicable
fees,
and
the
issuance
of
an
expedited
license.
6.
Fees
for
expedited
licensure.
a.
A
member
state
issuing
an
expedited
license
authorizing
the
practice
of
medicine
in
that
state
may
impose
a
fee
for
a
license
issued
or
renewed
through
the
compact.
b.
The
interstate
commission
is
authorized
to
develop
rules
regarding
fees
for
expedited
licenses.
7.
Renewal
and
continued
participation.
a.
A
physician
seeking
to
renew
an
expedited
license
granted
in
a
member
state
shall
complete
a
renewal
process
with
the
interstate
commission
if
the
physician
satisfies
the
following:
(1)
Maintains
a
full
and
unrestricted
license
in
a
state
of
principal
license.
(2)
Has
not
been
convicted,
received
adjudication,
deferred
adjudication,
community
supervision,
or
deferred
disposition
for
any
offense
by
a
court
of
appropriate
jurisdiction.
(3)
Has
not
had
a
license
authorizing
the
practice
of
medicine
subject
to
discipline
by
a
licensing
agency
in
any
state,
federal,
or
foreign
jurisdiction,
excluding
any
action
related
to
nonpayment
of
fees
related
to
a
license.
(4)
Has
not
had
a
controlled
substance
license
or
permit
suspended
or
revoked
by
a
state
or
the
United
States
drug
enforcement
administration.
b.
Physicians
shall
comply
with
all
continuing
professional
development
or
continuing
medical
education
requirements
for
renewal
of
a
license
issued
by
a
member
state.
c.
The
interstate
commission
shall
collect
any
renewal
fees
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charged
for
the
renewal
of
a
license
and
distribute
the
fees
to
the
applicable
member
board.
d.
Upon
receipt
of
any
renewal
fees
collected
in
paragraph
“c”
,
a
member
board
shall
renew
the
physician’s
license.
e.
Physician
information
collected
by
the
interstate
commission
during
the
renewal
process
will
be
distributed
to
all
member
boards.
f.
The
interstate
commission
is
authorized
to
develop
rules
to
address
renewal
of
licenses
obtained
through
the
compact.
8.
Coordinated
information
system.
a.
The
interstate
commission
shall
establish
a
database
of
all
physicians
licensed,
or
who
have
applied
for
licensure,
under
subsection
5.
b.
Notwithstanding
any
other
provision
of
law,
member
boards
shall
report
to
the
interstate
commission
any
public
action
or
complaints
against
a
licensed
physician
who
has
applied
or
received
an
expedited
license
through
the
compact.
c.
Member
boards
shall
report
disciplinary
or
investigatory
information
determined
as
necessary
and
proper
by
rule
of
the
interstate
commission.
d.
Member
boards
may
report
any
nonpublic
complaint,
disciplinary,
or
investigatory
information
not
required
by
paragraph
“c”
to
the
interstate
commission.
e.
Member
boards
shall
share
complaint
or
disciplinary
information
about
a
physician
upon
request
of
another
member
board.
f.
All
information
provided
to
the
interstate
commission
or
distributed
by
member
boards
shall
be
confidential,
filed
under
seal,
and
used
only
for
investigatory
or
disciplinary
matters.
g.
The
interstate
commission
is
authorized
to
develop
rules
for
mandated
or
discretionary
sharing
of
information
by
member
boards.
9.
Joint
investigations.
a.
Licensure
and
disciplinary
records
of
physicians
are
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deemed
investigative.
b.
In
addition
to
the
authority
granted
to
a
member
board
by
its
respective
medical
practice
Act
or
other
applicable
state
law,
a
member
board
may
participate
with
other
member
boards
in
joint
investigations
of
physicians
licensed
by
the
member
boards.
c.
A
subpoena
issued
by
a
member
state
shall
be
enforceable
in
other
member
states.
d.
Member
boards
may
share
any
investigative,
litigation,
or
compliance
materials
in
furtherance
of
any
joint
or
individual
investigation
initiated
under
the
compact.
e.
Any
member
state
may
investigate
actual
or
alleged
violations
of
the
statutes
authorizing
the
practice
of
medicine
in
any
other
member
state
in
which
a
physician
holds
a
license
to
practice
medicine.
10.
Disciplinary
actions.
a.
Any
disciplinary
action
taken
by
any
member
board
against
a
physician
licensed
through
the
compact
shall
be
deemed
unprofessional
conduct
which
may
be
subject
to
discipline
by
other
member
boards,
in
addition
to
any
violation
of
the
medical
practice
Act
or
regulations
in
that
state.
b.
If
a
license
granted
to
a
physician
by
the
member
board
in
the
state
of
principal
license
is
revoked,
surrendered,
or
relinquished
in
lieu
of
discipline,
or
suspended,
then
all
licenses
issued
to
the
physician
by
member
boards
shall
automatically
be
placed,
without
further
action
necessary
by
any
member
board,
on
the
same
status.
If
the
member
board
in
the
state
of
principal
license
subsequently
reinstates
the
physician’s
license,
a
license
issued
to
the
physician
by
any
other
member
board
shall
remain
encumbered
until
that
respective
member
board
takes
action
to
reinstate
the
license
in
a
manner
consistent
with
the
medical
practice
Act
of
that
state.
c.
If
disciplinary
action
is
taken
against
a
physician
by
a
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member
board
not
in
the
state
of
principal
license,
any
other
member
board
may
deem
the
action
conclusive
as
to
matter
of
law
and
fact
decided
and
either:
(1)
Impose
the
same
or
lesser
sanctions
against
the
physician
so
long
as
such
sanctions
are
consistent
with
the
medical
practice
Act
of
that
state,
or
(2)
Pursue
separate
disciplinary
action
against
the
physician
under
its
respective
medical
practice
Act,
regardless
of
the
action
taken
in
other
member
states.
d.
If
a
license
granted
to
a
physician
by
a
member
board
is
revoked,
surrendered,
or
relinquished
in
lieu
of
discipline,
or
suspended,
then
any
licenses
issued
to
the
physician
by
any
other
member
boards
shall
be
suspended,
automatically
and
immediately
without
further
action
necessary
by
the
other
member
boards,
for
ninety
days
upon
entry
of
the
order
by
the
disciplining
board,
to
permit
the
member
boards
to
investigate
the
basis
for
the
action
under
the
medical
practice
Act
of
that
state.
A
member
board
may
terminate
the
automatic
suspension
of
the
license
it
issued
prior
to
the
completion
of
the
ninety-day
suspension
period
in
a
manner
consistent
with
the
medical
practice
Act
of
that
state.
11.
Interstate
medical
licensure
compact
commission.
a.
The
member
states
hereby
create
the
interstate
medical
licensure
compact
commission.
b.
The
purpose
of
the
interstate
commission
is
the
administration
of
the
interstate
medical
licensure
compact,
which
is
a
discretionary
state
function.
c.
The
interstate
commission
shall
be
a
body
corporate
and
joint
agency
of
the
member
states
and
shall
have
all
the
responsibilities,
powers,
and
duties
set
forth
in
the
compact,
and
such
additional
powers
as
may
be
conferred
upon
it
by
a
subsequent
concurrent
action
of
the
respective
legislatures
of
the
member
states
in
accordance
with
the
terms
of
the
compact.
d.
The
interstate
commission
shall
consist
of
two
voting
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representatives
appointed
by
each
member
state
who
shall
serve
as
commissioners.
In
states
where
allopathic
and
osteopathic
physicians
are
regulated
by
separate
member
boards,
or
if
the
licensing
and
disciplinary
authority
is
split
between
multiple
member
boards
within
a
member
state,
the
member
state
shall
appoint
one
representative
from
each
member
board.
A
commissioner
shall
be
one
of
the
following:
(1)
An
allopathic
or
osteopathic
physician
appointed
to
a
member
board.
(2)
An
executive
director,
executive
secretary,
or
similar
executive
of
a
member
board.
(3)
A
member
of
the
public
appointed
to
a
member
board.
e.
The
interstate
commission
shall
meet
at
least
once
each
calendar
year.
A
portion
of
this
meeting
shall
be
a
business
meeting
to
address
such
matters
as
may
properly
come
before
the
commission,
including
the
election
of
officers.
The
chairperson
may
call
additional
meetings
and
shall
call
for
a
meeting
upon
the
request
of
a
majority
of
the
member
states.
f.
The
bylaws
may
provide
for
meetings
of
the
interstate
commission
to
be
conducted
by
telecommunication
or
electronic
communication.
g.
Each
commissioner
participating
at
a
meeting
of
the
interstate
commission
is
entitled
to
one
vote.
A
majority
of
commissioners
shall
constitute
a
quorum
for
the
transaction
of
business,
unless
a
larger
quorum
is
required
by
the
bylaws
of
the
interstate
commission.
A
commissioner
shall
not
delegate
a
vote
to
another
commissioner.
In
the
absence
of
its
commissioner,
a
member
state
may
delegate
voting
authority
for
a
specified
meeting
to
another
person
from
that
state
who
shall
meet
the
requirements
of
paragraph
“d”
.
h.
The
interstate
commission
shall
provide
public
notice
of
all
meetings
and
all
meetings
shall
be
open
to
the
public.
The
interstate
commission
may
close
a
meeting,
in
full
or
in
portion,
where
it
determines
by
a
two-thirds
vote
of
the
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commissioners
present
that
an
open
meeting
would
be
likely
to
result
in
one
or
more
of
the
following:
(1)
Relate
solely
to
the
internal
personnel
practices
and
procedures
of
the
interstate
commission.
(2)
Discuss
matters
specifically
exempted
from
disclosure
by
federal
statute.
(3)
Discuss
trade
secrets,
commercial,
or
financial
information
that
is
privileged
or
confidential.
(4)
Involve
accusing
a
person
of
a
crime,
or
formally
censuring
a
person.
(5)
Discuss
information
of
a
personal
nature
where
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
personal
privacy.
(6)
Discuss
investigative
records
compiled
for
law
enforcement
purposes.
(7)
Specifically
relate
to
the
participation
in
a
civil
action
or
other
legal
proceeding.
i.
The
interstate
commission
shall
keep
minutes
which
shall
fully
describe
all
matters
discussed
in
a
meeting
and
shall
provide
a
full
and
accurate
summary
of
actions
taken,
including
record
of
any
roll
call
votes.
j.
The
interstate
commission
shall
make
its
information
and
official
records,
to
the
extent
not
otherwise
designated
in
the
compact
or
by
its
rules,
available
to
the
public
for
inspection.
k.
The
interstate
commission
shall
establish
an
executive
committee,
which
shall
include
officers,
members,
and
others
as
determined
by
the
bylaws.
The
executive
committee
shall
have
the
power
to
act
on
behalf
of
the
interstate
commission,
with
the
exception
of
rulemaking,
during
periods
when
the
interstate
commission
is
not
in
session.
When
acting
on
behalf
of
the
interstate
commission,
the
executive
committee
shall
oversee
the
administration
of
the
compact
including
enforcement
and
compliance
with
the
provisions
of
the
compact,
its
bylaws
and
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rules,
and
other
such
duties
as
necessary.
l.
The
interstate
commission
may
establish
other
committees
for
governance
and
administration
of
the
compact.
12.
Powers
and
duties
of
the
interstate
commission.
The
interstate
commission
shall
have
power
to
perform
the
following
functions:
a.
Oversee
and
maintain
the
administration
of
the
compact.
b.
Promulgate
rules
which
shall
be
binding
to
the
extent
and
in
the
manner
provided
for
in
the
compact.
c.
Issue,
upon
the
request
of
a
member
state
or
member
board,
advisory
opinions
concerning
the
meaning
or
interpretation
of
the
compact,
its
bylaws,
rules,
and
actions.
d.
Enforce
compliance
with
compact
provisions,
the
rules
promulgated
by
the
interstate
commission,
and
the
bylaws,
using
all
necessary
and
proper
means,
including
but
not
limited
to
the
use
of
judicial
process.
e.
Establish
and
appoint
committees
including
but
not
limited
to
an
executive
committee
as
required
by
subsection
11,
which
shall
have
the
power
to
act
on
behalf
of
the
interstate
commission
in
carrying
out
its
powers
and
duties.
f.
Pay,
or
provide
for
the
payment
of,
the
expenses
related
to
the
establishment,
organization,
and
ongoing
activities
of
the
interstate
commission.
g.
Establish
and
maintain
one
or
more
offices.
h.
Borrow,
accept,
hire,
or
contract
for
services
of
personnel.
i.
Purchase
and
maintain
insurance
and
bonds.
j.
Employ
an
executive
director
who
shall
have
such
powers
to
employ,
select,
or
appoint
employees,
agents,
or
consultants,
and
to
determine
their
qualifications,
define
their
duties,
and
fix
their
compensation.
k.
Establish
personnel
policies
and
programs
relating
to
conflicts
of
interest,
rates
of
compensation,
and
qualifications
of
personnel.
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l.
Accept
donations
and
grants
of
money,
equipment,
supplies,
materials,
and
services,
and
to
receive,
utilize,
and
dispose
of
the
same
in
a
manner
consistent
with
the
conflict
of
interest
policies
established
by
the
interstate
commission.
m.
Lease,
purchase,
accept
contributions
or
donations
of,
or
otherwise
to
own,
hold,
improve,
or
use,
any
property,
real,
personal,
or
mixed.
n.
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
abandon,
or
otherwise
dispose
of
any
property,
real,
personal,
or
mixed.
o.
Establish
a
budget
and
make
expenditures.
p.
Adopt
a
seal
and
bylaws
governing
the
management
and
operation
of
the
interstate
commission.
q.
Report
annually
to
the
legislatures
and
governors
of
the
member
states
concerning
the
activities
of
the
interstate
commission
during
the
preceding
year.
Such
reports
shall
also
include
reports
of
financial
audits
and
any
recommendations
that
may
have
been
adopted
by
the
interstate
commission.
r.
Coordinate
education,
training,
and
public
awareness
regarding
the
compact,
its
implementation,
and
its
operation.
s.
Maintain
records
in
accordance
with
the
bylaws.
t.
Seek
and
obtain
trademarks,
copyrights,
and
patents.
u.
Perform
such
functions
as
may
be
necessary
or
appropriate
to
achieve
the
purposes
of
the
compact.
13.
Finance
powers.
a.
The
interstate
commission
may
levy
on
and
collect
an
annual
assessment
from
each
member
state
to
cover
the
cost
of
the
operations
and
activities
of
the
interstate
commission
and
its
staff.
The
total
assessment
must
be
sufficient
to
cover
the
annual
budget
approved
each
year
for
which
revenue
is
not
provided
by
other
sources.
The
aggregate
annual
assessment
amount
shall
be
allocated
upon
a
formula
to
be
determined
by
the
interstate
commission,
which
shall
promulgate
a
rule
binding
upon
all
member
states.
b.
The
interstate
commission
shall
not
incur
obligations
of
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any
kind
prior
to
securing
the
funds
adequate
to
meet
the
same.
c.
The
interstate
commission
shall
not
pledge
the
credit
of
any
of
the
member
states,
except
by,
and
with
the
authority
of,
the
member
state.
d.
The
interstate
commission
shall
be
subject
to
a
yearly
financial
audit
conducted
by
a
certified
or
licensed
public
accountant
and
the
report
of
the
audit
shall
be
included
in
the
annual
report
of
the
interstate
commission.
14.
Organization
and
operation
of
the
interstate
commission.
a.
The
interstate
commission
shall,
by
a
majority
of
commissioners
present
and
voting,
adopt
bylaws
to
govern
its
conduct
as
may
be
necessary
or
appropriate
to
carry
out
the
purposes
of
the
compact
within
twelve
months
of
the
first
interstate
commission
meeting.
b.
The
interstate
commission
shall
elect
or
appoint
annually
from
among
its
commissioners
a
chairperson,
a
vice
chairperson,
and
a
treasurer,
each
of
whom
shall
have
such
authority
and
duties
as
may
be
specified
in
the
bylaws.
The
chairperson,
or
in
the
chairperson’s
absence
or
disability,
the
vice
chairperson,
shall
preside
at
all
meetings
of
the
interstate
commission.
c.
Officers
selected
in
paragraph
“b”
shall
serve
without
remuneration
from
the
interstate
commission.
d.
The
officers
and
employees
of
the
interstate
commission
shall
be
immune
from
suit
and
liability,
either
personally
or
in
their
official
capacity,
for
a
claim
for
damage
to
or
loss
of
property
or
personal
injury
or
other
civil
liability
caused
or
arising
out
of,
or
relating
to,
an
actual
or
alleged
act,
error,
or
omission
that
occurred,
or
that
such
person
had
a
reasonable
basis
for
believing
occurred,
within
the
scope
of
interstate
commission
employment,
duties,
or
responsibilities,
provided
that
such
person
shall
not
be
protected
from
suit
or
liability
for
damage,
loss,
injury,
or
liability
caused
by
the
intentional
or
willful
and
wanton
misconduct
of
such
person.
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(1)
The
liability
of
the
executive
director
and
employees
of
the
interstate
commission
or
representatives
of
the
interstate
commission,
acting
within
the
scope
of
such
person’s
employment
or
duties
for
acts,
errors,
or
omissions
occurring
within
such
person’s
state,
may
not
exceed
the
limits
of
liability
set
forth
under
the
constitution
and
laws
of
that
state
for
state
officials,
employees,
and
agents.
The
interstate
commission
is
considered
to
be
an
instrumentality
of
the
states
for
the
purposes
of
any
such
action.
Nothing
in
this
paragraph
“d”
shall
be
construed
to
protect
such
person
from
suit
or
liability
for
damage,
loss,
injury,
or
liability
caused
by
the
intentional
or
willful
and
wanton
misconduct
of
such
person.
(2)
The
interstate
commission
shall
defend
the
executive
director,
its
employees,
and
subject
to
the
approval
of
the
attorney
general
or
other
appropriate
legal
counsel
of
the
member
state
represented
by
an
interstate
commission
representative,
shall
defend
such
interstate
commission
representative
in
any
civil
action
seeking
to
impose
liability
arising
out
of
an
actual
or
alleged
act,
error,
or
omission
that
occurred
within
the
scope
of
interstate
commission
employment,
duties,
or
responsibilities,
or
that
the
defendant
had
a
reasonable
basis
for
believing
occurred
within
the
scope
of
interstate
commission
employment,
duties,
or
responsibilities,
provided
that
the
actual
or
alleged
act,
error,
or
omission
did
not
result
from
intentional
or
willful
and
wanton
misconduct
on
the
part
of
such
person.
(3)
To
the
extent
not
covered
by
the
state
involved,
member
state,
or
the
interstate
commission,
the
representatives
or
employees
of
the
interstate
commission
shall
be
held
harmless
in
the
amount
of
a
settlement
or
judgment,
including
attorney
fees
and
costs,
obtained
against
such
persons
arising
out
of
an
actual
or
alleged
act,
error,
or
omission
that
occurred
within
the
scope
of
interstate
commission
employment,
duties,
or
responsibilities,
or
that
such
persons
had
a
reasonable
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basis
for
believing
occurred
within
the
scope
of
interstate
commission
employment,
duties,
or
responsibilities,
provided
that
the
actual
or
alleged
act,
error,
or
omission
did
not
result
from
intentional
or
willful
and
wanton
misconduct
on
the
part
of
such
persons.
15.
Rulemaking
functions
of
the
interstate
commission.
a.
The
interstate
commission
shall
promulgate
reasonable
rules
in
order
to
effectively
and
efficiently
achieve
the
purposes
of
the
compact.
Notwithstanding
the
foregoing,
in
the
event
the
interstate
commission
exercises
its
rulemaking
authority
in
a
manner
that
is
beyond
the
scope
of
the
purposes
of
the
compact,
or
the
powers
granted
hereunder,
then
such
an
action
by
the
interstate
commission
shall
be
invalid
and
have
no
force
or
effect.
b.
Rules
deemed
appropriate
for
the
operations
of
the
interstate
commission
shall
be
made
pursuant
to
a
rulemaking
process
that
substantially
conforms
to
the
model
state
administrative
procedure
Act
of
2010,
and
subsequent
amendments
thereto.
c.
Not
later
than
thirty
days
after
a
rule
is
promulgated,
any
person
may
file
a
petition
for
judicial
review
of
the
rule
in
the
United
States
district
court
for
the
District
of
Columbia
or
the
federal
district
where
the
interstate
commission
has
its
principal
offices,
provided
that
the
filing
of
such
a
petition
shall
not
stay
or
otherwise
prevent
the
rule
from
becoming
effective
unless
the
court
finds
that
the
petitioner
has
a
substantial
likelihood
of
success.
The
court
shall
give
deference
to
the
actions
of
the
interstate
commission
consistent
with
applicable
law
and
shall
not
find
the
rule
to
be
unlawful
if
the
rule
represents
a
reasonable
exercise
of
the
authority
granted
to
the
interstate
commission.
16.
Oversight
of
interstate
compact.
a.
The
executive,
legislative,
and
judicial
branches
of
state
government
in
each
member
state
shall
enforce
the
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compact
and
shall
take
all
actions
necessary
and
appropriate
to
effectuate
the
compact’s
purposes
and
intent.
The
provisions
of
the
compact
and
the
rules
promulgated
hereunder
shall
have
standing
as
statutory
law
but
shall
not
override
existing
state
authority
to
regulate
the
practice
of
medicine.
b.
All
courts
shall
take
judicial
notice
of
the
compact
and
the
rules
in
any
judicial
or
administrative
proceeding
in
a
member
state
pertaining
to
the
subject
matter
of
the
compact
which
may
affect
the
powers,
responsibilities,
or
actions
of
the
interstate
commission.
c.
The
interstate
commission
shall
be
entitled
to
receive
all
service
of
process
in
any
such
proceeding,
and
shall
have
standing
to
intervene
in
the
proceeding
for
all
purposes.
Failure
to
provide
service
of
process
to
the
interstate
commission
shall
render
a
judgment
or
order
void
as
to
the
interstate
commission,
the
compact,
or
promulgated
rules.
17.
Enforcement
of
interstate
compact.
a.
The
interstate
commission,
in
the
reasonable
exercise
of
its
discretion,
shall
enforce
the
provisions
and
rules
of
the
compact.
b.
The
interstate
commission
may,
by
majority
vote
of
the
commissioners,
initiate
legal
action
in
the
United
States
district
court
for
the
District
of
Columbia,
or,
at
the
discretion
of
the
interstate
commission,
in
the
federal
district
where
the
interstate
commission
has
its
principal
offices,
to
enforce
compliance
with
the
provisions
of
the
compact,
and
its
promulgated
rules
and
bylaws,
against
a
member
state
in
default.
The
relief
sought
may
include
both
injunctive
relief
and
damages.
In
the
event
judicial
enforcement
is
necessary,
the
prevailing
party
shall
be
awarded
all
costs
of
such
litigation
including
reasonable
attorney
fees.
c.
The
remedies
herein
shall
not
be
the
exclusive
remedies
of
the
interstate
commission.
The
interstate
commission
may
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avail
itself
of
any
other
remedies
available
under
state
law
or
the
regulation
of
a
profession.
18.
Default
procedures.
a.
The
grounds
for
default
include
but
are
not
limited
to
failure
of
a
member
state
to
perform
such
obligations
or
responsibilities
imposed
upon
it
by
the
compact,
or
the
rules
and
bylaws
of
the
interstate
commission
promulgated
under
the
compact.
b.
If
the
interstate
commission
determines
that
a
member
state
has
defaulted
in
the
performance
of
its
obligations
or
responsibilities
under
the
compact,
or
the
bylaws
or
promulgated
rules,
the
interstate
commission
shall
do
the
following:
(1)
Provide
written
notice
to
the
defaulting
state
and
other
member
states
of
the
nature
of
the
default,
the
means
of
curing
the
default,
and
any
action
taken
by
the
interstate
commission.
The
interstate
commission
shall
specify
the
conditions
by
which
the
defaulting
state
must
cure
its
default.
(2)
Provide
remedial
training
and
specific
technical
assistance
regarding
the
default.
c.
If
the
defaulting
state
fails
to
cure
the
default,
the
defaulting
state
shall
be
terminated
from
the
compact
upon
an
affirmative
vote
of
a
majority
of
the
commissioners
and
all
rights,
privileges,
and
benefits
conferred
by
the
compact
shall
terminate
on
the
effective
date
of
termination.
A
cure
of
the
default
does
not
relieve
the
offending
state
of
obligations
or
liabilities
incurred
during
the
period
of
the
default.
d.
Termination
of
membership
in
the
compact
shall
be
imposed
only
after
all
other
means
of
securing
compliance
have
been
exhausted.
Notice
of
intent
to
terminate
shall
be
given
by
the
interstate
commission
to
the
governor,
the
majority
and
minority
leaders
of
the
defaulting
state’s
legislature,
and
each
of
the
member
states.
e.
The
interstate
commission
shall
establish
rules
and
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procedures
to
address
licenses
and
physicians
that
are
materially
impacted
by
the
termination
of
a
member
state,
or
the
withdrawal
of
a
member
state.
f.
The
member
state
which
has
been
terminated
is
responsible
for
all
dues,
obligations,
and
liabilities
incurred
through
the
effective
date
of
termination
including
obligations,
the
performance
of
which
extends
beyond
the
effective
date
of
termination.
g.
The
interstate
commission
shall
not
bear
any
costs
relating
to
any
state
that
has
been
found
to
be
in
default
or
which
has
been
terminated
from
the
compact,
unless
otherwise
mutually
agreed
upon
in
writing
between
the
interstate
commission
and
the
defaulting
state.
h.
The
defaulting
state
may
appeal
the
action
of
the
interstate
commission
by
petitioning
the
United
States
district
court
for
the
District
of
Columbia
or
the
federal
district
where
the
interstate
commission
has
its
principal
offices.
The
prevailing
party
shall
be
awarded
all
costs
of
such
litigation
including
reasonable
attorney
fees.
19.
Dispute
resolution.
a.
The
interstate
commission
shall
attempt,
upon
the
request
of
a
member
state,
to
resolve
disputes
which
are
subject
to
the
compact
and
which
may
arise
among
member
states
or
member
boards.
b.
The
interstate
commission
shall
promulgate
rules
providing
for
both
mediation
and
binding
dispute
resolution
as
appropriate.
20.
Member
states,
effective
date,
and
amendment.
a.
Any
state
is
eligible
to
become
a
member
state
of
the
compact.
b.
The
compact
shall
become
effective
and
binding
upon
legislative
enactment
of
the
compact
into
law
by
no
less
than
seven
states.
Thereafter,
it
shall
become
effective
and
binding
on
a
state
upon
enactment
of
the
compact
into
law
by
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that
state.
c.
The
governors
of
nonmember
states,
or
their
designees,
shall
be
invited
to
participate
in
the
activities
of
the
interstate
commission
on
a
nonvoting
basis
prior
to
adoption
of
the
compact
by
all
states.
d.
The
interstate
commission
may
propose
amendments
to
the
compact
for
enactment
by
the
member
states.
No
amendment
shall
become
effective
and
binding
upon
the
interstate
commission
and
the
member
states
unless
and
until
it
is
enacted
into
law
by
unanimous
consent
of
the
member
states.
21.
Withdrawal.
a.
Once
effective,
the
compact
shall
continue
in
force
and
remain
binding
upon
each
and
every
member
state,
provided
that
a
member
state
may
withdraw
from
the
compact
by
specifically
repealing
the
statute
which
enacted
the
compact
into
law.
b.
Withdrawal
from
the
compact
shall
be
by
the
enactment
of
a
statute
repealing
the
same,
but
shall
not
take
effect
until
one
year
after
the
effective
date
of
such
statute
and
until
written
notice
of
the
withdrawal
has
been
given
by
the
withdrawing
state
to
the
governor
of
each
other
member
state.
c.
The
withdrawing
state
shall
immediately
notify
the
chairperson
of
the
interstate
commission
in
writing
upon
the
introduction
of
legislation
repealing
the
compact
in
the
withdrawing
state.
d.
The
interstate
commission
shall
notify
the
other
member
states
of
the
withdrawing
state’s
intent
to
withdraw
within
sixty
days
of
its
receipt
of
notice
provided
under
paragraph
“c”
.
e.
The
withdrawing
state
is
responsible
for
all
dues,
obligations,
and
liabilities
incurred
through
the
effective
date
of
withdrawal,
including
obligations,
the
performance
of
which
extend
beyond
the
effective
date
of
withdrawal.
f.
Reinstatement
following
withdrawal
of
a
member
state
shall
occur
upon
the
withdrawing
state
reenacting
the
compact
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or
upon
such
later
date
as
determined
by
the
interstate
commission.
g.
The
interstate
commission
is
authorized
to
develop
rules
to
address
the
impact
of
the
withdrawal
of
a
member
state
on
licenses
granted
in
other
member
states
to
physicians
who
designated
the
withdrawing
member
state
as
the
state
of
principal
license.
22.
Dissolution.
a.
The
compact
shall
dissolve
effective
upon
the
date
of
the
withdrawal
or
default
of
the
member
state
which
reduces
the
membership
in
the
compact
to
one
member
state.
b.
Upon
the
dissolution
of
the
compact,
the
compact
becomes
null
and
void
and
shall
be
of
no
further
force
or
effect,
and
the
business
and
affairs
of
the
interstate
commission
shall
be
concluded
and
surplus
funds
shall
be
distributed
in
accordance
with
the
bylaws.
23.
Severability
and
construction.
a.
The
provisions
of
the
compact
shall
be
severable,
and
if
any
phrase,
clause,
sentence,
or
provision
is
deemed
unenforceable,
the
remaining
provisions
of
the
compact
shall
be
enforceable.
b.
The
provisions
of
the
compact
shall
be
liberally
construed
to
effectuate
its
purposes.
c.
Nothing
in
the
compact
shall
be
construed
to
prohibit
the
applicability
of
other
interstate
compacts
to
which
the
states
are
members.
24.
Binding
effect
of
compact
and
other
laws.
a.
Nothing
herein
prevents
the
enforcement
of
any
other
law
of
a
member
state
that
is
not
inconsistent
with
the
compact.
b.
All
laws
in
a
member
state
in
conflict
with
the
compact
are
superseded
to
the
extent
of
the
conflict.
c.
All
lawful
actions
of
the
interstate
commission,
including
all
rules
and
bylaws
promulgated
by
the
commission,
are
binding
upon
the
member
states.
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d.
All
agreements
between
the
interstate
commission
and
the
member
states
are
binding
in
accordance
with
their
terms.
e.
In
the
event
any
provision
of
the
compact
exceeds
the
constitutional
limits
imposed
on
the
legislature
of
any
member
state,
such
provision
shall
be
ineffective
to
the
extent
of
the
conflict
with
the
constitutional
provision
in
question
in
that
member
state.
DIVISION
XIII
ENTREPRENEUR
INVESTMENT
AWARDS
PROGRAM
Sec.
83.
Section
15E.362,
Code
2015,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
15E.362
Entrepreneur
investment
awards
program.
1.
For
purposes
of
this
division,
unless
the
context
otherwise
requires:
a.
“Business
development
services”
includes
but
is
not
limited
to
corporate
development
services,
business
model
development
services,
business
planning
services,
marketing
services,
financial
strategies
and
management
services,
mentoring
and
management
coaching,
and
networking
services.
b.
“Eligible
entrepreneurial
assistance
provider”
means
a
person
meeting
the
requirements
of
subsection
3.
c.
“Financial
assistance”
means
the
same
as
defined
in
section
15.327.
d.
“Program”
means
the
entrepreneur
investment
awards
program
administered
pursuant
to
this
division.
2.
The
authority
shall
establish
and
administer
an
entrepreneur
investment
awards
program
for
purposes
of
providing
financial
assistance
to
eligible
entrepreneurial
assistance
providers
that
provide
technical
and
financial
assistance
to
entrepreneurs
and
start-up
companies
seeking
to
create,
locate,
or
expand
a
business
in
the
state.
Financial
assistance
under
the
program
shall
be
provided
from
the
entrepreneur
investment
awards
program
fund
created
in
section
15E.363.
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3.
In
order
to
be
eligible
for
financial
assistance
under
the
program
an
entrepreneurial
assistance
provider
must
meet
all
of
the
following
requirements:
a.
The
provider
must
have
its
principal
place
of
operations
located
in
this
state.
b.
The
provider
must
offer
a
comprehensive
set
of
business
development
services
to
emerging
and
early-stage
innovation
companies
to
assist
in
the
creation,
location,
growth,
and
long-term
success
of
the
company
in
this
state.
c.
The
business
development
services
may
be
performed
at
the
physical
location
of
the
provider
or
the
company.
d.
The
business
development
services
may
be
provided
in
consideration
of
equity
participation
in
the
company,
a
fee
for
services,
a
membership
agreement
with
the
company,
or
any
combination
thereof.
4.
Entrepreneurial
assistance
providers
may
apply
for
financial
assistance
under
the
program
in
the
manner
and
form
prescribed
by
the
authority.
5.
The
economic
development
authority
board
in
its
discretion
may
approve,
deny,
or
defer
each
application
for
financial
assistance
under
the
program
from
persons
it
determines
to
be
an
eligible
entrepreneurial
assistance
provider.
6.
Subject
to
subsection
7,
the
amount
of
financial
assistance
awarded
to
an
eligible
entrepreneurial
assistance
provider
shall
be
within
the
discretion
of
the
authority.
7.
a.
The
maximum
amount
of
financial
assistance
awarded
to
an
eligible
entrepreneurial
assistance
provider
shall
not
exceed
two
hundred
thousand
dollars.
b.
The
maximum
amount
of
financial
assistance
provided
under
the
program
shall
not
exceed
one
million
dollars
in
a
fiscal
year.
8.
The
authority
shall
award
financial
assistance
on
a
competitive
basis.
In
making
awards
of
financial
assistance,
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the
authority
may
develop
scoring
criteria
and
establish
minimum
requirements
for
the
receipt
of
financial
assistance
under
the
program.
In
making
awards
of
financial
assistance,
the
authority
may
consider
all
of
the
following:
a.
The
business
experience
of
the
professional
staff
employed
or
retained
by
the
eligible
entrepreneurial
assistance
provider.
b.
The
business
plan
review
capacity
of
the
professional
staff
of
the
eligible
entrepreneurial
assistance
provider.
c.
The
expertise
in
all
aspects
of
business
disciplines
of
the
professional
staff
of
the
eligible
entrepreneurial
assistance
provider.
d.
The
access
of
the
eligible
entrepreneurial
assistance
provider
to
external
service
providers,
including
legal,
accounting,
marketing,
and
financial
services.
e.
The
service
model
and
likelihood
of
success
of
the
eligible
entrepreneurial
assistance
provider
and
its
similarity
to
other
successful
entrepreneurial
assistance
providers
in
the
country.
f.
The
financial
need
of
the
eligible
entrepreneurial
assistance
provider.
9.
Financial
assistance
awarded
to
an
eligible
entrepreneurial
assistance
provider
shall
only
be
used
for
the
purpose
of
operating
costs
incurred
by
the
eligible
entrepreneurial
assistance
provider
in
providing
business
development
services
to
emerging
and
early-stage
innovation
companies
in
this
state.
Such
financial
assistance
shall
not
be
distributed
to
owners
or
investors
of
the
company
to
which
business
development
services
are
provided
and
shall
not
be
distributed
to
other
persons
assisting
with
the
provision
of
business
development
services
to
the
company.
10.
The
authority
may
contract
with
outside
service
providers
for
assistance
with
the
program
or
may
delegate
the
administration
of
the
program
to
the
Iowa
innovation
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corporation
pursuant
to
section
15.106B.
11.
The
authority
may
make
client
referrals
to
eligible
entrepreneurial
assistance
providers.
Sec.
84.
Section
15E.363,
subsection
3,
Code
2015,
is
amended
to
read
as
follows:
3.
The
Moneys
credited
to
the
fund
are
appropriated
to
the
authority
and
shall
be
used
to
provide
grants
under
the
entrepreneur
investment
awards
program
established
in
section
15E.362
financial
assistance
under
the
program
.
DIVISION
XIV
HOUSING
ENTERPRISE
TAX
CREDIT
Sec.
85.
2014
Iowa
Acts,
chapter
1130,
is
amended
by
adding
the
following
new
section:
NEW
SECTION
.
SEC.
41A.
Notwithstanding
the
section
of
this
Act
repealing
section
15E.193B,
the
economic
development
authority
may
enter
into
an
agreement
and
issue
housing
enterprise
tax
credits
to
a
housing
business
if
all
the
following
conditions
are
met:
1.
The
city
or
county
in
which
the
enterprise
zone
is
located
mailed,
or
caused
to
be
mailed,
the
necessary
program
application
forms
on
or
after
June
1,
2014,
and
prior
to
July
1,
2014,
but
the
applications
were
not
received
by
the
economic
development
authority.
The
economic
development
authority
may
accept
an
affidavit
by
a
city
to
confirm
timely
mailing
of
the
application
forms,
notwithstanding
section
622.105.
2.
The
application
forms
submitted
pursuant
to
subsection
1
were
approved
by
all
necessary
governing
bodies
and
commissions
of
the
city
or
county
as
required
by
chapter
15E,
division
XVIII,
Code
2014.
3.
The
economic
development
authority
determines
the
housing
business
would
otherwise
be
eligible
under
section
15E.193B,
Code
2014.
4.
The
city
or
county
and
the
eligible
housing
business
meet
all
other
requirements
of
the
housing
enterprise
tax
credit
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program
under
chapter
15E,
division
XVIII,
Code
2014,
and
the
agreement
to
be
entered
into
pursuant
to
this
section.
Sec.
86.
2014
Iowa
Acts,
chapter
1130,
section
43,
subsection
1,
is
amended
to
read
as
follows:
1.
On
or
after
the
effective
date
of
this
division
of
this
Act,
a
city
or
county
shall
not
create
an
enterprise
zone
under
chapter
15E,
division
XVIII,
or
enter
into
a
new
agreement
or
amend
an
existing
agreement
under
chapter
15E,
division
XVIII
,
unless
otherwise
authorized
in
this
Act
.
Sec.
87.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
88.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
July
1,
2014.
DIVISION
XV
COURT
DEBT
Sec.
89.
Section
321.40,
subsection
9,
Code
2015,
is
amended
to
read
as
follows:
9.
a.
The
clerk
of
the
district
court
shall
notify
the
county
treasurer
of
any
delinquent
court
debt,
as
defined
in
section
602.8107
,
which
is
being
collected
by
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
pursuant
to
section
602.8107,
subsection
3
,
or
the
county
attorney
pursuant
to
section
602.8107,
subsection
4
.
The
county
treasurer
shall
refuse
to
renew
the
vehicle
registration
of
the
applicant
upon
such
notification
from
the
clerk
of
the
district
court
in
regard
to
such
applicant.
b.
If
the
applicant
enters
into
or
renews
a
payment
plan
an
installment
agreement
as
defined
in
section
602.8107,
that
is
satisfactory
to
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
,
the
county
attorney,
or
the
county
attorney’s
designee,
the
centralized
collection
unit
or
the
county
attorney
private
collection
designee,
county
attorney,
or
a
county
attorney’s
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designee
shall
provide
the
county
treasurer
with
written
or
electronic
notice
of
the
payment
plan
installment
agreement
within
five
days
of
entering
into
such
a
plan
the
installment
agreement
.
The
county
treasurer
shall
temporarily
lift
the
registration
hold
on
an
applicant
for
a
period
of
ten
days
if
the
treasurer
receives
such
notice
in
order
to
allow
the
applicant
to
register
a
vehicle
for
the
year.
If
the
applicant
remains
current
in
compliance
with
the
payment
plan
installment
agreement
entered
into
with
the
centralized
collection
unit
private
collection
designee
or
the
county
attorney
or
the
county
attorney’s
designee,
subsequent
lifts
of
registration
holds
shall
be
granted
without
additional
restrictions.
Sec.
90.
Section
321.210A,
subsection
2,
Code
2015,
is
amended
to
read
as
follows:
2.
If
after
suspension,
the
person
enters
into
an
installment
agreement
with
the
county
attorney,
the
county
attorney’s
designee,
or
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
in
accordance
with
section
321.210B
to
pay
the
fine,
penalty,
court
cost,
or
surcharge,
the
person’s
license
shall
be
reinstated
by
the
department
upon
receipt
of
a
report
of
an
executed
installment
agreement.
Sec.
91.
Section
321.210B,
subsections
1,
3,
8,
9,
11,
and
14,
Code
2015,
are
amended
to
read
as
follows:
1.
If
a
person’s
fine,
penalty,
surcharge,
or
court
cost
is
deemed
delinquent
as
provided
in
section
602.8107,
subsection
2
,
and
the
person’s
driver’s
license
has
been
suspended
pursuant
to
section
321.210A
,
the
person
may
execute
an
installment
agreement
as
defined
in
section
602.8107
with
the
county
attorney,
the
county
attorney’s
designee,
or
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
under
contract
with
the
judicial
branch
pursuant
to
section
602.8107,
subsection
5,
to
pay
the
delinquent
amount
and
the
fee
civil
penalty
assessed
in
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7
in
installments.
Prior
to
execution
of
the
installment
agreement,
the
person
shall
provide
the
county
attorney,
the
county
attorney’s
designee,
or
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
with
a
financial
statement
in
order
for
the
parties
to
the
agreement
to
determine
the
amount
of
the
installment
payments.
3.
The
county
attorney,
the
county
attorney’s
designee,
or
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
shall
file
or
give
notice
of
the
installment
agreement
with
the
clerk
of
the
district
court
in
the
county
where
the
fine,
penalty,
surcharge,
or
court
cost
was
imposed,
within
five
days
of
execution
of
the
agreement.
8.
Upon
determination
by
the
county
attorney,
the
county
attorney’s
designee,
or
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
that
the
person
is
in
default,
the
county
attorney,
the
county
attorney’s
designee,
or
the
centralized
collection
unit
private
collection
designee
shall
notify
the
clerk
of
the
district
court.
9.
The
clerk
of
the
district
court,
upon
receipt
of
a
notification
of
a
default
from
the
county
attorney,
the
county
attorney’s
designee,
or
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
,
shall
report
the
default
to
the
department
of
transportation.
11.
If
a
new
fine,
penalty,
surcharge,
or
court
cost
is
imposed
on
a
person
after
the
person
has
executed
an
installment
agreement
with
the
county
attorney,
the
county
attorney’s
designee,
or
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
,
and
the
new
fine,
penalty,
surcharge,
or
court
cost
is
deemed
delinquent
as
provided
in
section
602.8107,
subsection
2
,
and
the
person’s
driver’s
license
has
been
suspended
pursuant
to
section
321.210A
,
the
person
may
enter
into
a
second
installment
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agreement
with
the
county
attorney,
county
attorney’s
designee,
or
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
to
pay
the
delinquent
amount
and
the
fee
civil
penalty
,
if
assessed,
in
subsection
7
in
installments.
14.
Except
for
a
civil
penalty
assessed
and
collected
pursuant
to
subsection
7
,
any
amount
collected
under
the
installment
agreement
by
the
county
attorney
or
the
county
attorney’s
designee
shall
be
distributed
as
provided
in
section
602.8107,
subsection
4
,
and
any
amount
collected
by
the
centralized
collection
unit
of
the
department
of
revenue
private
collection
designee
shall
be
deposited
with
the
clerk
of
the
district
court
for
distribution
under
section
602.8108
.
Sec.
92.
Section
602.8107,
subsection
1,
Code
2015,
is
amended
to
read
as
follows:
1.
Definition.
As
used
in
this
section
,
“court
debt”
unless
the
context
otherwise
requires:
a.
“Court
debt”
means
all
fines,
penalties,
court
costs,
fees,
forfeited
bail,
surcharges
under
chapter
911
,
victim
restitution,
court-appointed
attorney
fees
or
expenses
of
a
public
defender
ordered
pursuant
to
section
815.9
,
or
fees
charged
pursuant
to
section
356.7
or
904.108
.
b.
“Installment
agreement”
means
an
agreement
made
for
the
payment
of
court
debt
in
installments.
c.
“Installment
payment”
means
the
partial
payment
of
court
debt
which
is
divided
into
portions
that
are
made
payable
at
different
times.
Sec.
93.
Section
602.8107,
subsection
3,
Code
2015,
is
amended
to
read
as
follows:
3.
Collection
by
centralized
collection
unit
of
department
of
revenue
private
collection
designee
under
contract
with
the
judicial
branch
.
a.
Thirty
days
after
court
debt
has
been
assessed,
or
if
an
installment
payment
is
not
received
within
thirty
days
after
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the
date
it
is
due,
the
judicial
branch
shall
assign
a
case
to
the
centralized
collection
unit
of
the
department
of
revenue
or
its
designee
private
collection
designee
under
contract
with
the
judicial
branch
pursuant
to
subsection
5
to
collect
debts
owed
to
the
clerk
of
the
district
court
for
a
period
of
one
year
.
b.
In
addition,
court
debt
which
is
being
collected
under
an
installment
agreement
pursuant
to
section
321.210B
which
is
in
default
that
remains
delinquent
shall
also
be
assigned
to
the
centralized
collection
unit
of
the
department
of
revenue
or
its
designee
for
a
period
of
one
year
remain
assigned
to
the
private
collection
designee
if
the
installment
agreement
was
executed
with
the
private
collection
designee;
or
to
the
county
attorney
or
county
attorney’s
designee
if
the
installment
agreement
was
executed
with
the
county
attorney
or
county
attorney’s
designee
.
c.
If
a
county
attorney
has
filed
with
the
clerk
of
the
district
court
a
full
commitment
to
collect
delinquent
court
debt
pursuant
to
subsection
4
,
the
court
debt
in
a
case
shall
be
assigned
after
sixty
days
to
the
county
attorney
as
provided
in
subsection
4
,
if
the
court
debt
in
a
case
has
not
been
placed
in
an
established
payment
plan
by
the
centralized
collection
unit
is
not
part
of
an
installment
agreement
with
the
private
collection
designee
under
contract
with
the
judicial
branch
pursuant
to
subsection
5
.
For
all
other
delinquent
court
debt
not
assigned
to
a
county
attorney
pursuant
to
subsection
4
,
the
delinquent
court
debt
shall
be
assigned
to
a
private
collection
designee
as
provided
in
subsection
5
,
after
one
year,
if
the
delinquent
court
debt
in
a
case
has
not
been
placed
in
an
established
payment
plan
by
the
centralized
collection
unit.
a.
The
department
of
revenue
may
impose
a
fee
established
by
rule
to
reflect
the
cost
of
processing
which
shall
be
added
to
the
debt
owed
to
the
clerk
of
the
district
court.
Any
amounts
collected
by
the
unit
shall
first
be
applied
to
the
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processing
fee.
The
remaining
amounts
shall
be
remitted
to
the
clerk
of
the
district
court
for
the
county
in
which
the
debt
is
owed.
The
judicial
branch
may
prescribe
rules
to
implement
this
subsection
.
These
rules
may
provide
for
remittance
of
processing
fees
to
the
department
of
revenue
or
its
designee.
b.
Satisfaction
of
the
outstanding
court
debt
occurs
only
when
all
fees
or
charges
and
the
outstanding
court
debt
is
paid
in
full.
Payment
of
the
outstanding
court
debt
only
shall
not
be
considered
payment
in
full
for
satisfaction
purposes.
Sec.
94.
Section
602.8107,
subsection
4,
paragraph
g,
Code
2015,
is
amended
by
striking
the
paragraph.
Sec.
95.
Section
602.8107,
subsection
5,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
The
judicial
branch
shall
contract
with
a
private
collection
designee
for
the
collection
of
court
debt
one
year
after
the
court
debt
in
a
case
is
deemed
delinquent
pursuant
to
subsection
2
if
the
county
attorney
is
not
collecting
the
court
debt
in
a
case
pursuant
to
subsection
4
.
The
judicial
branch
shall
solicit
requests
for
proposals
prior
to
entering
into
any
contract
pursuant
to
this
subsection
.
Sec.
96.
Section
602.8107,
subsection
5,
paragraph
e,
Code
2015,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
e.
The
private
collection
designee
may
utilize
any
debt
collection
methods
including
but
not
limited
to
attachment,
execution,
or
garnishment.
DIVISION
XVI
RESIDENTIAL
SWIMMING
POOLS
Sec.
97.
RESIDENTIAL
SWIMMING
POOLS
——
PRIVATE
SWIMMING
LESSONS.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
department
of
public
health
shall
require
that
a
residential
swimming
pool
used
for
private
swimming
lessons
for
up
to
two
hundred
seven
hours
in
a
calendar
month,
or
the
number
of
hours
prescribed
by
local
ordinance
applicable
to
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such
use
of
a
residential
swimming
pool,
whichever
is
greater,
be
regulated
as
a
residential
swimming
pool
used
for
commercial
purposes
pursuant
to
chapter
135I.
The
department
of
public
health
may
adopt
rules
to
implement
this
section.
Sec.
98.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
XVII
ONLINE
LEARNING
Sec.
99.
Section
256.7,
subsection
32,
paragraph
c,
Code
2015,
is
amended
to
read
as
follows:
c.
Adopt
rules
that
limit
the
statewide
enrollment
of
pupils
in
educational
instruction
and
course
content
that
are
delivered
primarily
over
the
internet
to
not
more
than
eighteen
one-hundredths
of
one
percent
of
the
statewide
enrollment
of
all
pupils,
and
that
limit
the
number
of
pupils
participating
in
open
enrollment
for
purposes
of
receiving
educational
instruction
and
course
content
that
are
delivered
primarily
over
the
internet
to
no
more
than
one
percent
of
a
sending
district’s
enrollment.
Until
June
30,
2015
2018
,
students
such
limitations
shall
not
apply
if
the
limitations
would
prevent
siblings
from
enrolling
in
the
same
school
district
or
if
a
sending
district
determines
that
the
educational
needs
of
a
physically
or
emotionally
fragile
student
would
be
best
served
by
educational
instruction
and
course
content
that
are
delivered
primarily
over
the
internet.
Students
who
meet
the
requirements
of
section
282.18
may
participate
in
open
enrollment
under
this
paragraph
“c”
for
purposes
of
enrolling
only
in
the
CAM
community
school
district
or
the
Clayton
Ridge
community
school
district.
(01)
The
department,
in
collaboration
with
the
international
association
for
K-12
online
learning,
shall
annually
collect
data
on
student
performance
in
educational
instruction
and
course
content
that
are
delivered
primarily
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over
the
internet
pursuant
to
this
paragraph
“c”
.
The
department
shall
include
such
data
in
its
annual
report
to
the
general
assembly
pursuant
to
subparagraph
(3)
and
shall
post
the
data
on
the
department’s
internet
site.
(1)
School
districts
providing
educational
instruction
and
course
content
that
are
delivered
primarily
over
the
internet
pursuant
to
this
paragraph
“c”
shall
annually
submit
to
the
department,
in
the
manner
prescribed
by
the
department,
data
that
includes
but
is
not
limited
to
student
the
following:
(a)
Student
achievement
and
demographic
characteristics
,
retention
.
(b)
Retention
rates
,
and
the
.
(c)
The
percentage
of
enrolled
students’
active
participation
in
extracurricular
activities.
(d)
Academic
proficiency
levels,
consistent
with
requirements
applicable
to
all
school
districts
and
accredited
nonpublic
schools
in
this
state.
(e)
Academic
growth
measures,
which
shall
include
either
of
the
following:
(i)
Entry
and
exit
assessments
in,
at
a
minimum,
math
and
English
for
elementary
and
middle
school
students,
and
additional
subjects,
including
science,
for
high
school
students.
(ii)
State-required
assessments
that
track
year-over-year
improvements
in
academic
proficiency.
(f)
Academic
mobility.
To
facilitate
the
tracking
of
academic
mobility,
school
districts
shall
request
the
following
information
from
the
parent
or
guardian
of
a
student
enrolled
in
educational
instruction
and
course
content
that
are
delivered
primarily
over
the
internet
pursuant
to
this
paragraph
“c”
:
(i)
For
a
student
newly
enrolling,
the
reasons
for
choosing
such
enrollment.
(ii)
For
a
student
terminating
enrollment,
the
reasons
for
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terminating
such
enrollment.
(g)
Student
progress
toward
graduation.
Measurement
of
such
progress
shall
account
for
specific
characteristics
of
each
enrolled
student,
including
but
not
limited
to
age
and
course
credit
accrued
prior
to
enrollment
in
educational
instruction
and
course
content
that
are
delivered
primarily
over
the
internet
pursuant
to
this
paragraph
“c”
,
and
shall
be
consistent
with
evidence-based
best
practices.
(2)
The
department
shall
conduct
annually
a
survey
of
not
less
than
ten
percent
of
the
total
number
of
students
enrolled
as
authorized
under
this
paragraph
“c”
and
section
282.18
,
and
not
less
than
one
hundred
percent
of
the
students
in
those
districts
who
are
enrolled
as
authorized
under
this
paragraph
“c”
and
section
282.18
and
who
are
eligible
for
free
or
reduced
price
meals
under
the
federal
National
School
Lunch
Act
and
the
federal
Child
Nutrition
Act
of
1966
,
42
U.S.C.
§§1751-1785
,
to
determine
whether
students
are
enrolled
under
this
paragraph
“c”
and
section
282.18
to
receive
educational
instruction
and
course
content
primarily
over
the
internet
or
are
students
who
are
receiving
competent
private
instruction
from
a
licensed
practitioner
provided
through
a
school
district
pursuant
to
chapter
299A
.
(3)
The
department
shall
compile
and
review
the
data
collected
pursuant
to
this
paragraph
“c”
and
shall
submit
its
findings
and
recommendations
for
the
continued
delivery
of
instruction
and
course
content
by
school
districts
pursuant
to
this
paragraph
“c”
,
in
a
report
to
the
general
assembly
by
January
15
annually.
(4)
This
paragraph
“c”
is
repealed
July
1,
2015.
School
districts
providing
educational
instruction
and
course
content
that
are
delivered
primarily
over
the
internet
pursuant
to
this
paragraph
“c”
shall
comply
with
the
following
requirements
relating
to
such
instruction
and
content:
(a)
Monitoring
and
verifying
full-time
student
enrollment,
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timely
completion
of
graduation
requirements,
course
credit
accrual,
and
course
completion.
(b)
Monitoring
and
verifying
student
progress
and
performance
in
each
course
through
a
school-based
assessment
plan
that
includes
submission
of
coursework
and
security
and
validity
of
testing.
(c)
Conducting
parent-teacher
conferences.
(d)
Administering
assessments
required
by
the
state
to
all
students
in
a
proctored
setting
and
pursuant
to
state
law.
Sec.
100.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
101.
RETROACTIVE
APPLICABILITY.
Unless
otherwise
provided,
this
Act,
if
approved
by
the
governor
on
or
after
July
1,
2015,
applies
retroactively
to
June
30,
2015.
DIVISION
XVIII
HEALTH
CARRIER
DISCLOSURES
Sec.
102.
NEW
SECTION
.
514K.2
Health
carrier
disclosures
——
public
internet
sites.
1.
A
carrier
that
provides
small
group
health
coverage
pursuant
to
chapter
513B
or
individual
health
coverage
pursuant
to
chapter
513C
and
that
offers
for
sale
a
policy,
contract,
or
plan
that
covers
the
essential
health
benefits
required
pursuant
to
section
1302
of
the
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
No.
111-148,
and
its
implementing
regulations,
shall
provide
to
each
of
its
enrollees
at
the
time
of
enrollment,
and
shall
make
available
to
prospective
enrollees
and
enrollees,
insurance
producers
licensed
under
chapter
522B,
and
the
general
public,
on
the
carrier’s
internet
site,
all
of
the
following
information
in
a
clear
and
understandable
form
for
use
in
comparing
policies,
contracts,
and
plans,
and
coverage
and
premiums:
a.
Any
exclusions
from
coverage
and
any
restrictions
on
the
use
or
quantity
of
covered
items
and
services
in
each
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category
of
benefits,
including
prescription
drugs
and
drugs
administered
by
a
physician
or
clinic.
b.
Any
items
or
services,
including
prescription
drugs,
that
have
a
coinsurance
requirement
where
the
cost-sharing
required
depends
on
the
cost
of
the
item
or
service.
c.
The
specific
prescription
drugs
available
on
the
carrier’s
formulary,
the
specific
prescription
drugs
covered
when
furnished
by
a
physician
or
clinic,
and
any
clinical
prerequisites
or
prior
authorization
requirements
for
coverage
of
the
drugs.
d.
The
specific
types
of
specialists
available
in
the
carrier’s
network
and
the
specific
physicians
included
in
the
carrier’s
network.
e.
The
process
for
an
enrollee
to
appeal
a
carrier’s
denial
of
coverage
of
an
item
or
service
prescribed
or
ordered
by
the
enrollee’s
treating
physician.
f.
How
medications
will
specifically
be
included
in
or
excluded
from
the
deductible,
including
a
description
of
all
out-of-pocket
costs
that
may
not
apply
to
the
deductible
for
a
prescription
drug.
2.
The
commissioner
may
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
3.
The
commissioner
may
impose
any
of
the
sanctions
provided
under
chapter
507B
for
a
violation
of
this
section.
Sec.
103.
NEW
SECTION
.
514K.3
Health
care
plan
internal
appeals
process
——
disclosure
requirements.
1.
A
carrier
that
provides
small
group
health
coverage
pursuant
to
chapter
513B
or
individual
health
coverage
pursuant
to
chapter
513C
through
the
issuance
of
nongrandfathered
health
plans
as
defined
in
section
1251
of
the
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
No.
111-148,
and
in
45
C.F.R.
§147.140,
shall
implement
and
maintain
procedures
for
carrying
out
an
effective
internal
claims
and
appeals
process
that
meets
the
requirements
established
pursuant
to
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section
2719
of
the
federal
Public
Health
Service
Act,
42
U.S.C.
§300gg-19,
and
45
C.F.R.
§147.136.
The
procedures
shall
include
but
are
not
limited
to
all
of
the
following:
a.
Expedited
notification
to
enrollees
of
benefit
determinations
involving
urgent
care.
b.
Full
and
fair
internal
review
of
claims
and
appeals.
c.
Avoidance
of
conflicts
of
interest.
d.
Sufficient
notice
to
enrollees,
including
a
description
of
available
internal
claims
and
appeals
procedures,
as
well
as
information
about
how
to
initiate
an
appeal
of
a
denial
of
coverage.
2.
a.
A
carrier
that
provides
health
coverage
as
described
in
subsection
1
shall
maintain
written
records
of
all
requests
for
internal
claims
and
appeals
that
are
received
and
for
which
internal
review
was
performed
during
each
calendar
year.
Such
records
shall
be
maintained
for
at
least
three
years.
b.
A
carrier
that
provides
health
coverage
as
described
in
subsection
1
shall
submit
to
the
commissioner,
upon
request,
a
report
that
includes
all
of
the
following:
(1)
The
total
number
of
requests
for
internal
review
of
claims
and
appeals
that
are
received
by
the
carrier
each
year.
(2)
The
average
length
of
time
for
resolution
of
each
request
for
internal
review
of
a
claim
or
appeal.
(3)
A
summary
of
the
types
of
coverage
or
cases
for
which
internal
review
of
a
claim
or
appeal
was
requested.
(4)
Any
other
information
required
by
the
commissioner
in
a
format
specified
by
rule.
3.
A
carrier
that
provides
health
coverage
as
described
in
subsection
1
shall
make
available
to
consumers
written
notice
of
the
carrier’s
internal
claims
and
appeals
and
internal
review
procedures
and
shall
maintain
a
toll-free
consumer-assistance
telephone
helpline
that
offers
consumers
assistance
with
the
carrier’s
internal
claims
and
appeals
and
internal
review
procedures,
including
how
to
initiate,
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complete,
or
submit
a
claim
or
appeal.
4.
The
commissioner
may
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
104.
APPLICABILITY.
This
division
of
this
Act
is
applicable
to
health
insurance
policies,
contracts,
or
plans
that
are
delivered,
issued
for
delivery,
continued,
or
renewed
on
or
after
January
1,
2016.
DIVISION
XIX
REFUND
FRAUD
——
INCOME
TAXES
Sec.
105.
Section
421.17,
subsection
23,
Code
2015,
is
amended
to
read
as
follows:
23.
To
develop,
modify,
or
contract
with
vendors
to
create
or
administer
systems
or
programs
which
identify
nonfilers
of
returns
or
nonpayers
of
taxes
administered
by
the
department
and
to
identify
and
prevent
the
issuance
of
fraudulent
or
erroneous
refunds
.
Fees
for
services,
reimbursements,
costs
incurred
by
the
department,
or
other
remuneration
may
be
funded
from
the
amount
of
tax,
penalty,
or
interest
actually
collected
and
shall
be
paid
only
after
the
amount
is
collected.
An
amount
is
appropriated
from
the
amount
of
tax,
penalty,
and
interest
actually
collected,
not
to
exceed
the
amount
collected,
which
is
sufficient
to
pay
for
services,
reimbursement,
costs
incurred
by
the
department,
or
other
remuneration
pursuant
to
this
subsection
.
Vendors
entering
into
a
contract
with
the
department
pursuant
to
this
subsection
are
subject
to
the
requirements
and
penalties
of
the
confidentiality
laws
of
this
state
regarding
tax
information.
The
director
shall
report
annually
to
the
legislative
services
agency
and
the
chairpersons
and
ranking
members
of
the
ways
and
means
committees
on
the
amount
of
costs
incurred
and
paid
during
the
previous
fiscal
year
pursuant
to
this
subsection
and
the
incidence
of
refund
fraud
and
the
costs
incurred
and
amounts
prevented
from
issuance
during
the
previous
fiscal
year
pursuant
to
this
subsection
.
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Sec.
106.
IMPLEMENTATION
——
REPORT.
The
director
of
revenue
shall
implement
the
procedures
required
by
this
division
of
this
Act
no
later
than
January
1,
2016.
The
director
shall
submit
a
report
on
the
director’s
progress
in
implementing
the
procedures
required
by
this
division
of
this
Act
to
the
general
assembly
by
October
3,
2016.
The
report
shall
include
any
statutory
changes
necessary
to
facilitate
the
implementation
of
this
division
of
this
Act.
DIVISION
XX
ANGEL
INVESTOR
TAX
CREDITS
Sec.
107.
Section
2.48,
subsection
3,
paragraph
d,
subparagraph
(1),
Code
2015,
is
amended
to
read
as
follows:
(1)
Tax
credits
for
investments
in
qualifying
businesses
and
community-based
seed
capital
funds
under
chapter
15E,
division
V
.
Sec.
108.
Section
15.119,
subsection
2,
paragraph
d,
Code
2015,
is
amended
to
read
as
follows:
d.
The
tax
credits
for
investments
in
qualifying
businesses
and
community-based
seed
capital
funds
issued
pursuant
to
section
15E.43
.
In
allocating
tax
credits
pursuant
to
this
subsection
,
the
authority
shall
allocate
two
million
dollars
for
purposes
of
this
paragraph,
unless
the
authority
determines
that
the
tax
credits
awarded
will
be
less
than
that
amount.
Sec.
109.
Section
15E.41,
Code
2015,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
15E.41
Purpose.
The
purpose
of
this
division
is
to
stimulate
job
growth,
create
wealth,
and
accelerate
the
creation
of
new
ventures
by
using
investment
tax
credits
to
incentivize
the
transfer
of
capital
from
investors
to
entrepreneurs,
particularly
during
early-stage
growth.
Sec.
110.
Section
15E.42,
Code
2015,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
“Entrepreneurial
assistance
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program”
includes
the
entrepreneur
investment
awards
program
administered
under
section
15E.362,
the
receipt
of
services
from
a
service
provider
engaged
pursuant
to
section
15.411,
subsection
1,
or
the
program
administered
under
section
15.411,
subsection
2.
Sec.
111.
Section
15E.42,
subsection
3,
Code
2015,
is
amended
to
read
as
follows:
3.
“Investor”
means
a
person
making
a
cash
investment
in
a
qualifying
business
or
in
a
community-based
seed
capital
fund
.
“Investor”
does
not
include
a
person
that
holds
at
least
a
seventy
percent
ownership
interest
as
an
owner,
member,
or
shareholder
in
a
qualifying
business.
Sec.
112.
Section
15E.42,
subsection
4,
Code
2015,
is
amended
by
striking
the
subsection.
Sec.
113.
Section
15E.43,
subsections
1
and
2,
Code
2015,
are
amended
to
read
as
follows:
1.
a.
For
tax
years
beginning
on
or
after
January
1,
2002
2015
,
a
tax
credit
shall
be
allowed
against
the
taxes
imposed
in
chapter
422,
divisions
II,
III,
and
V,
and
in
chapter
432,
and
against
the
moneys
and
credits
tax
imposed
in
section
533.329,
for
a
portion
of
a
taxpayer’s
equity
investment,
as
provided
in
subsection
2
,
in
a
qualifying
business
or
a
community-based
seed
capital
fund
.
b.
An
individual
may
claim
a
tax
credit
under
this
paragraph
section
of
a
partnership,
limited
liability
company,
S
corporation,
estate,
or
trust
electing
to
have
income
taxed
directly
to
the
individual.
The
amount
claimed
by
the
individual
shall
be
based
upon
the
pro
rata
share
of
the
individual’s
earnings
from
the
partnership,
limited
liability
company,
S
corporation,
estate,
or
trust.
b.
c.
A
tax
credit
shall
be
allowed
only
for
an
investment
made
in
the
form
of
cash
to
purchase
equity
in
a
qualifying
business
or
in
a
community-based
seed
capital
fund.
A
taxpayer
that
has
received
a
tax
credit
for
an
investment
in
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a
community-based
seed
capital
fund
shall
not
claim
the
tax
credit
prior
to
the
third
tax
year
following
the
tax
year
in
which
the
investment
is
made.
Any
tax
credit
in
excess
of
the
taxpayer’s
liability
for
the
tax
year
may
be
credited
to
the
tax
liability
for
the
following
five
years
or
until
depleted,
whichever
is
earlier.
A
tax
credit
shall
not
be
carried
back
to
a
tax
year
prior
to
the
tax
year
in
which
the
taxpayer
redeems
the
tax
credit
.
c.
In
the
case
of
a
tax
credit
allowed
against
the
taxes
imposed
in
chapter
422,
division
II
,
where
the
taxpayer
died
prior
to
redeeming
the
entire
tax
credit,
the
remaining
credit
can
be
redeemed
on
the
decedent’s
final
income
tax
return.
d.
For
a
tax
credit
claimed
against
the
taxes
imposed
in
chapter
422,
division
II,
any
tax
credit
in
excess
of
the
tax
liability
is
refundable.
In
lieu
of
claiming
a
refund,
the
taxpayer
may
elect
to
have
the
overpayment
shown
on
the
taxpayer’s
final,
completed
return
credited
to
the
tax
liability
for
the
following
tax
year.
For
a
tax
credit
claimed
against
the
taxes
imposed
in
chapter
422,
divisions
III
and
V,
and
in
chapter
432,
and
against
the
moneys
and
credits
tax
imposed
in
section
533.329,
any
tax
credit
in
excess
of
the
taxpayer’s
liability
for
the
tax
year
may
be
credited
to
the
tax
liability
for
the
following
three
years
or
until
depleted,
whichever
is
earlier.
A
tax
credit
shall
not
be
carried
back
to
a
tax
year
prior
to
the
tax
year
in
which
the
taxpayer
redeems
the
tax
credit.
2.
a.
A
The
amount
of
the
tax
credit
shall
equal
twenty
twenty-five
percent
of
the
taxpayer’s
equity
investment.
b.
The
maximum
amount
of
a
tax
credit
for
an
investment
by
an
investor
in
any
one
qualifying
business
shall
be
fifty
thousand
dollars.
Each
year,
an
investor
and
all
affiliates
of
the
investor
shall
not
claim
tax
credits
under
this
section
for
more
than
five
different
investments
in
five
different
qualifying
businesses
that
may
be
issued
per
calendar
year
to
a
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natural
person
and
the
person’s
spouse
or
dependent
shall
not
exceed
one
hundred
thousand
dollars
combined.
For
purposes
of
this
paragraph,
a
tax
credit
issued
to
a
partnership,
limited
liability
company,
S
corporation,
estate,
or
trust
electing
to
have
income
taxed
directly
to
the
individual
shall
be
deemed
to
be
issued
to
the
individual
owners
based
upon
the
pro
rata
share
of
the
individual’s
earnings
from
the
entity.
For
purposes
of
this
paragraph,
“dependent”
has
the
same
meaning
as
provided
by
the
Internal
Revenue
Code
.
c.
The
maximum
amount
of
tax
credits
that
may
be
issued
per
calendar
year
for
equity
investments
in
any
one
qualifying
business
shall
not
exceed
five
hundred
thousand
dollars.
Sec.
114.
Section
15E.43,
subsections
5
and
7,
Code
2015,
are
amended
to
read
as
follows:
5.
A
tax
credit
shall
not
be
transferable
transferred
to
any
other
taxpayer
person
.
7.
The
authority
shall
develop
a
system
for
registration
and
authorization
issuance
of
tax
credits
authorized
pursuant
to
this
division
and
shall
control
distribution
of
all
tax
credits
distributed
credit
certificates
to
investors
pursuant
to
this
division
.
The
authority
shall
develop
rules
for
the
qualification
and
administration
of
qualifying
businesses
and
community-based
seed
capital
funds
.
The
department
of
revenue
shall
adopt
these
criteria
as
administrative
rules
and
any
other
rules
pursuant
to
chapter
17A
as
necessary
for
the
administration
of
this
division
.
Sec.
115.
Section
15E.43,
subsections
6
and
8,
Code
2015,
are
amended
by
striking
the
subsections.
Sec.
116.
Section
15E.44,
subsection
2,
paragraph
c,
Code
2015,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
c.
The
business
is
participating
in
an
entrepreneurial
assistance
program.
The
authority
may
waive
this
requirement
if
a
business
establishes
that
its
owners,
directors,
officers,
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and
employees
have
an
appropriate
level
of
experience
such
that
participation
in
an
entrepreneurial
assistance
program
would
not
materially
change
the
prospects
of
the
business.
The
authority
may
consult
with
outside
service
providers
in
consideration
of
such
a
waiver.
Sec.
117.
Section
15E.44,
subsection
2,
paragraphs
e
and
f,
Code
2015,
are
amended
to
read
as
follows:
e.
The
business
shall
not
have
a
net
worth
that
exceeds
five
ten
million
dollars.
f.
The
business
shall
have
secured
all
of
the
following
at
the
time
of
application
for
tax
credits:
(1)
At
least
two
investors.
(2)
total
Total
equity
financing,
near
equity
financing,
binding
investment
commitments,
or
some
combination
thereof,
equal
to
at
least
two
hundred
fifty
five
hundred
thousand
dollars
,
from
investors.
For
purposes
of
this
subparagraph,
“investor”
includes
a
person
who
executes
a
binding
investment
commitment
to
a
business
.
Sec.
118.
Section
15E.46,
Code
2015,
is
amended
to
read
as
follows:
15E.46
Reports
Confidentiality
——
reports
.
1.
Except
as
provided
in
subsection
2,
all
information
or
records
in
the
possession
of
the
authority
with
respect
to
this
division
shall
be
presumed
by
the
authority
to
be
a
trade
secret
protected
under
chapter
550
or
common
law
and
shall
be
kept
confidential
by
the
authority
unless
otherwise
ordered
by
a
court.
2.
All
of
the
following
shall
be
considered
public
information
under
chapter
22:
a.
The
identity
of
a
qualifying
business.
b.
The
identity
of
an
investor
and
the
qualifying
business
in
which
the
investor
made
an
equity
investment.
c.
The
number
of
tax
credit
certificates
issued
by
the
authority.
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d.
The
total
dollar
amount
of
tax
credits
issued
by
the
authority.
3.
The
authority
shall
publish
an
annual
report
of
the
activities
conducted
pursuant
to
this
division
and
shall
submit
the
report
to
the
governor
and
the
general
assembly.
The
report
shall
include
a
listing
of
eligible
qualifying
businesses
and
the
number
of
tax
credit
certificates
and
the
amount
of
tax
credits
issued
by
the
authority.
Sec.
119.
Section
15E.52,
subsection
4,
Code
2015,
is
amended
to
read
as
follows:
4.
A
taxpayer
shall
not
claim
a
tax
credit
under
this
section
if
the
taxpayer
is
a
venture
capital
investment
fund
allocation
manager
for
the
Iowa
fund
of
funds
created
in
section
15E.65
or
an
investor
that
receives
a
tax
credit
for
the
same
investment
in
a
qualifying
business
as
described
in
section
15E.44
or
in
a
community-based
seed
capital
fund
as
described
in
section
15E.45
,
Code
2015
.
Sec.
120.
Section
422.11F,
subsection
1,
Code
2015,
is
amended
to
read
as
follows:
1.
The
taxes
imposed
under
this
division
,
less
the
credits
allowed
under
section
422.12
,
shall
be
reduced
by
an
investment
tax
credit
authorized
pursuant
to
section
15E.43
for
an
investment
in
a
qualifying
business
or
a
community-based
seed
capital
fund
.
Sec.
121.
Section
422.33,
subsection
12,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
The
taxes
imposed
under
this
division
shall
be
reduced
by
an
investment
tax
credit
authorized
pursuant
to
section
15E.43
for
an
investment
in
a
qualifying
business
or
a
community-based
seed
capital
fund
.
Sec.
122.
Section
422.60,
subsection
5,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
The
taxes
imposed
under
this
division
shall
be
reduced
by
an
investment
tax
credit
authorized
pursuant
to
section
15E.43
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for
an
investment
in
a
qualifying
business
or
a
community-based
seed
capital
fund
.
Sec.
123.
Section
432.12C,
subsection
1,
Code
2015,
is
amended
to
read
as
follows:
1.
The
tax
imposed
under
this
chapter
shall
be
reduced
by
an
investment
tax
credit
authorized
pursuant
to
section
15E.43
for
an
investment
in
a
qualifying
business
or
a
community-based
seed
capital
fund
.
Sec.
124.
REPEAL.
Section
15E.45,
Code
2015,
is
repealed.
Sec.
125.
TAX
CREDIT
CLAIMS.
Tax
credits
for
equity
investments
in
qualifying
businesses
made
on
or
after
the
effective
date
of
this
division
of
this
Act
shall
not
be
issued
by
the
economic
development
authority
prior
to
July
1,
2016,
and
shall
not
be
claimed
by
a
taxpayer
prior
to
September
1,
2016.
Sec.
126.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
127.
APPLICABILITY.
Unless
otherwise
provided
in
this
division
of
this
Act,
this
division
of
this
Act
applies
to
equity
investments
in
a
qualifying
business
made
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
equity
investments
made
in
a
qualifying
business
or
community-based
seed
capital
fund
prior
to
the
effective
date
of
this
division
of
this
Act
shall
be
governed
by
sections
15E.41
through
15E.46,
422.11F,
422.33,
422.60,
432.12C,
and
533.329,
Code
2015.
Sec.
128.
APPLICABILITY.
The
sections
of
this
division
of
this
Act
amending
section
15E.44,
subsection
2,
apply
to
businesses
that
submit
an
application
to
the
economic
development
authority
to
be
registered
as
a
qualifying
business
on
or
after
the
effective
date
of
this
division
of
this
Act,
and
businesses
that
submit
an
application
to
the
economic
development
authority
to
be
registered
as
a
qualifying
business
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before
the
effective
date
of
this
division
of
this
Act
shall
be
governed
by
section
15E.44,
subsection
2,
Code
2015.
DIVISION
XXI
WORKFORCE
HOUSING
TAX
INCENTIVES
PROGRAM
Sec.
129.
Section
15.354,
subsection
3,
paragraph
e,
Code
2015,
is
amended
to
read
as
follows:
e.
(1)
Upon
review
of
the
examination
and
verification
of
the
amount
of
the
qualifying
new
investment,
the
authority
may
issue
a
tax
credit
certificate
to
the
housing
business
stating
the
amount
of
workforce
housing
investment
tax
credits
under
section
15.355
the
eligible
housing
business
may
claim.
(2)
If
upon
review
of
the
examination
in
subparagraph
(1)
the
authority
determines
that
a
housing
project
has
incurred
project
costs
in
excess
of
the
amount
submitted
in
the
application
made
pursuant
to
subsection
1,
the
authority
shall
do
one
of
the
following:
(a)
If
the
project
costs
do
not
cause
the
housing
project’s
average
dwelling
unit
cost
to
exceed
the
applicable
maximum
amount
authorized
in
section
15.353,
subsection
3,
the
authority
may
consider
the
agreement
fulfilled
and
may
issue
a
tax
credit
certificate.
(b)
If
the
project
costs
cause
the
housing
project’s
average
dwelling
unit
cost
to
exceed
the
applicable
maximum
amount
authorized
in
section
15.353,
subsection
3,
but
does
not
cause
the
average
dwelling
unit
cost
to
exceed
one
hundred
ten
percent
of
such
applicable
maximum
amount,
the
authority
may
consider
the
agreement
fulfilled
and
may
issue
a
tax
credit
certificate.
In
such
case,
the
authority
shall
reduce
the
amount
of
tax
incentives
the
eligible
housing
project
may
claim
under
section
15.355,
subsections
2
and
3,
by
the
same
percentage
that
the
housing
project’s
average
dwelling
unit
cost
exceeds
the
applicable
maximum
amount
under
section
15.353,
subsection
3,
and
such
tax
incentive
reduction
shall
be
reflected
on
the
tax
credit
certificate.
If
the
authority
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issues
a
certificate
pursuant
to
this
subparagraph
division,
the
department
of
revenue
shall
accept
the
certificate
notwithstanding
that
the
housing
project’s
average
dwelling
unit
costs
exceeds
the
maximum
amount
specified
in
section
15.353,
subsection
3.
(c)
If
the
project
costs
cause
the
housing
project’s
average
dwelling
unit
cost
to
exceed
one
hundred
ten
percent
of
the
applicable
maximum
amount
authorized
in
15.353,
subsection
3,
the
authority
shall
determine
the
eligible
housing
business
to
be
in
default
under
the
agreement
and
shall
not
issue
a
tax
credit
certificate.
Sec.
130.
Section
15.355,
subsection
2,
Code
2015,
is
amended
to
read
as
follows:
2.
A
housing
business
may
claim
a
refund
of
the
sales
and
use
taxes
paid
under
chapter
423
that
are
directly
related
to
a
housing
project.
The
refund
available
pursuant
to
this
subsection
shall
be
as
provided
in
section
15.331A
to
the
extent
applicable
for
purposes
of
this
program
,
excluding
subsection
2,
paragraph
“c”
,
of
that
section
.
For
purposes
of
the
program,
the
term
“project
completion”
,
as
used
in
section
15.331A,
shall
mean
the
date
on
which
the
authority
notifies
the
department
of
revenue
that
all
applicable
requirements
of
an
agreement
entered
into
pursuant
to
section
15.354
are
satisfied.
Sec.
131.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
132.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
May
30,
2014,
for
all
agreements
entered
into
pursuant
to
Code
section
15.354
on
or
after
that
date.
DIVISION
XXII
MISCELLANEOUS
CHANGES
TO
ECONOMIC
DEVELOPMENT
AUTHORITY
PROGRAMS
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Sec.
133.
Section
15.293B,
subsection
4,
Code
2015,
is
amended
to
read
as
follows:
4.
A
registered
project
shall
be
completed
within
thirty
months
of
the
date
the
project
was
registered
unless
the
authority
,
upon
recommendation
of
the
council
and
approval
of
the
board,
provides
additional
time
to
complete
the
project.
A
project
shall
not
be
provided
more
than
twelve
months
of
additional
time.
If
the
registered
project
is
not
completed
within
the
time
required,
the
project
is
not
eligible
to
claim
a
tax
credit
provided
in
section
15.293A
.
Sec.
134.
SPECIAL
PROJECT
EXTENSION.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
the
economic
development
authority
may
extend
the
project
completion
date
for
a
project
awarded
tax
incentives
under
both
the
redevelopment
tax
credit
program
in
sections
15.293A
and
15.293B
and
the
housing
enterprise
zone
tax
incentives
program
in
section
15E.193B,
Code
2014,
if
the
property
that
is
the
subject
of
the
project
suffered
a
catastrophic
fire
during
the
2014
calendar
year.
Sec.
135.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
136.
RETROACTIVE
APPLICABILITY.
The
section
of
this
division
of
this
Act
amending
Code
section
15.293B
applies
retroactively
to
qualifying
redevelopment
project
agreements
entered
into
on
or
after
July
1,
2010,
for
which
a
request
for
a
project
extension
is
submitted
to
the
economic
development
authority
on
or
after
January
1,
2015.
DIVISION
XXIII
HUMAN
TRAFFICKING
Sec.
137.
Section
702.11,
subsection
1,
Code
2015,
is
amended
to
read
as
follows:
1.
A
“forcible
felony”
is
any
felonious
child
endangerment,
assault,
murder,
sexual
abuse,
kidnapping,
robbery,
human
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trafficking,
arson
in
the
first
degree,
or
burglary
in
the
first
degree.
Sec.
138.
NEW
SECTION
.
710A.6
Outreach,
public
awareness,
and
training
programs.
The
crime
victim
assistance
division
of
the
department
of
justice,
in
cooperation
with
other
governmental
agencies
and
nongovernmental
or
community
organizations,
shall
develop
and
conduct
outreach,
public
awareness,
and
training
programs
for
the
general
public,
law
enforcement
agencies,
first
responders,
potential
victims,
and
persons
conducting
or
regularly
dealing
with
businesses
or
other
ventures
that
have
a
high
statistical
incidence
of
debt
bondage
or
forced
labor
or
services.
The
programs
shall
train
participants
to
recognize
and
report
incidents
of
human
trafficking
and
to
suppress
the
demand
that
fosters
exploitation
of
persons
and
leads
to
human
trafficking.
Sec.
139.
Section
915.94,
Code
2015,
is
amended
to
read
as
follows:
915.94
Victim
compensation
fund.
A
victim
compensation
fund
is
established
as
a
separate
fund
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
be
administered
by
the
department
and
dedicated
to
and
used
for
the
purposes
of
section
915.41
and
this
subchapter
.
In
addition,
the
department
may
use
moneys
from
the
fund
for
the
purpose
of
the
department’s
prosecutor-based
victim
service
coordination,
including
the
duties
defined
in
sections
910.3
and
910.6
and
this
chapter
,
and
for
the
award
of
funds
to
programs
that
provide
services
and
support
to
victims
of
domestic
abuse
or
sexual
assault
as
provided
in
chapter
236
,
to
victims
under
section
710A.2
,
and
for
the
support
of
an
automated
victim
notification
system
established
in
section
915.10A
.
The
For
each
fiscal
year,
the
department
may
also
use
up
to
one
three
hundred
thousand
dollars
from
the
fund
to
provide
training
for
victim
service
providers
,
to
provide
training
for
related
professionals
concerning
victim
service
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programming,
and
to
provide
training
concerning
homicide,
domestic
assault,
sexual
assault,
stalking,
harassment,
and
human
trafficking
as
required
by
section
710A.6
.
Notwithstanding
section
8.33
,
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state.
Sec.
140.
2012
Iowa
Acts,
chapter
1138,
section
7,
subsection
1,
is
amended
to
read
as
follows:
1.
A
mortgage
servicing
settlement
fund
is
established,
separate
and
apart
from
all
other
public
moneys
or
funds
of
the
state,
under
the
control
of
the
department
of
justice.
The
department
of
justice
shall
deposit
moneys
received
by
the
department
from
the
joint
state-federal
mortgage
servicing
settlement
into
the
fund.
The
department
of
justice
is
authorized
to
make
expenditures
of
moneys
in
the
fund
consistent
with
the
terms
of
the
consent
decree
signed
in
federal
court
on
April
5,
2012.
Any
unencumbered
or
unobligated
moneys
remaining
in
the
fund
on
June
30,
2015,
shall
be
transferred
to
the
general
fund
of
the
state
human
trafficking
enforcement
fund
as
established
by
this
2015
Act
.
Sec.
141.
HUMAN
TRAFFICKING
ENFORCEMENT
FUND.
A
human
trafficking
enforcement
fund
is
established,
separate
and
apart
from
all
other
public
moneys
or
funds
of
the
state,
under
the
control
of
the
department
of
justice.
The
department
of
justice
shall
deposit
unencumbered
or
unobligated
moneys
transferred
from
the
mortgage
servicing
settlement
fund
into
the
fund.
Moneys
in
the
fund
are
appropriated
to
the
department
of
justice
for
purposes
of
training
local
law
enforcement,
members
of
the
state
patrol,
county
attorneys,
judicial
officers,
juvenile
court
officers,
and
public
safety
answering
point
personnel
about
recognizing
and
reporting
incidents
of
human
trafficking.
Any
moneys
remaining
in
the
fund
on
June
30,
2020,
shall
be
transferred
to
the
general
fund
of
the
state.
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Sec.
142.
EFFECTIVE
UPON
ENACTMENT.
The
following
provision
of
this
division,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment:
1.
The
section
of
this
division
of
this
Act
amending
2012
Iowa
Acts,
chapter
1138,
section
7,
subsection
1.
Sec.
143.
RETROACTIVE
APPLICABILITY.
The
following
provision
of
this
division,
if
approved
by
the
governor
on
or
after
July
1,
2015,
applies
retroactively
to
June
30,
2015:
1.
The
section
of
this
division
of
this
Act
amending
2012
Iowa
Acts,
chapter
1138,
section
7,
subsection
1.
DIVISION
XXIV
PUBLIC
IMPROVEMENT
LOCATION
AND
UNUSED
PORTION
OF
CONDEMNED
PROPERTY
Sec.
144.
Section
6B.2C,
Code
2015,
is
amended
to
read
as
follows:
6B.2C
Approval
of
the
public
improvement.
The
authority
to
condemn
is
not
conferred,
and
the
condemnation
proceedings
shall
not
commence,
unless
the
governing
body
for
the
acquiring
agency
approves
a
preliminary
or
final
route
or
site
location
of
the
proposed
public
improvement,
approves
the
use
of
condemnation
,
and
finds
that
there
is
a
reasonable
expectation
the
applicant
will
be
able
to
achieve
its
public
purpose,
comply
with
all
applicable
standards,
and
obtain
the
necessary
permits.
Sec.
145.
Section
6B.56,
subsection
1,
Code
2015,
is
amended
to
read
as
follows:
1.
If
all
or
a
portion
of
real
property
condemned
pursuant
to
this
chapter
is
not
used
for
the
purpose
stated
in
the
application
filed
pursuant
to
section
6B.3
and
the
acquiring
agency
seeks
to
dispose
of
the
unused
real
property,
the
acquiring
agency
shall
first
offer
the
unused
real
property
for
sale
to
the
prior
owner
of
the
condemned
property
as
provided
in
this
section
.
If
real
property
condemned
pursuant
to
this
chapter
is
used
for
the
purpose
stated
in
the
application
filed
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pursuant
to
section
6B.3
and
the
acquiring
agency
seeks
to
dispose
of
the
real
property
by
sale
to
a
private
person
or
entity
within
five
years
after
acquisition
of
the
property,
the
acquiring
agency
shall
first
offer
the
property
for
sale
to
the
prior
owner
of
the
condemned
property
as
provided
in
this
section
.
For
purposes
of
this
section
,
the
prior
owner
of
the
real
property
includes
the
successor
in
interest
of
the
real
property.
Sec.
146.
Section
6B.56,
subsection
2,
paragraph
a,
Code
2015,
is
amended
to
read
as
follows:
a.
Before
the
real
property
described
in
subsection
1
may
be
offered
for
sale
to
the
general
public,
the
acquiring
agency
shall
notify
the
prior
owner
of
the
such
real
property
condemned
in
writing
of
the
acquiring
agency’s
intent
to
dispose
of
the
real
property,
of
the
current
appraised
value
of
the
real
property
to
be
offered
for
sale
,
and
of
the
prior
owner’s
right
to
purchase
the
real
property
to
be
offered
for
sale
within
sixty
days
from
the
date
the
notice
is
served
at
a
price
equal
to
the
current
appraised
value
of
the
real
property
to
be
offered
for
sale
or
the
fair
market
value
of
the
property
to
be
offered
for
sale
at
the
time
it
was
acquired
by
the
acquiring
agency
from
the
prior
owner
plus
cleanup
costs
incurred
by
the
acquiring
agency
for
the
property
to
be
offered
for
sale
,
whichever
is
less.
However,
the
current
appraised
value
of
the
real
property
to
be
offered
for
sale
shall
be
the
purchase
price
to
be
paid
by
the
previous
owner
if
any
other
amount
would
result
in
a
loss
of
federal
funding
for
projects
funded
in
whole
or
in
part
with
federal
funds.
The
notice
sent
by
the
acquiring
agency
as
provided
in
this
subsection
shall
be
filed
with
the
office
of
the
recorder
in
the
county
in
which
the
real
property
is
located.
Sec.
147.
Section
6B.56A,
subsection
1,
Code
2015,
is
amended
to
read
as
follows:
1.
When
five
years
have
elapsed
since
property
was
condemned
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and
all
or
a
portion
of
the
property
has
not
been
used
for
the
purpose
stated
in
the
application
filed
pursuant
to
section
6B.3
,
and
the
acquiring
agency
has
not
taken
action
to
dispose
of
the
unused
property
pursuant
to
section
6B.56
,
the
acquiring
agency
shall,
within
sixty
days,
adopt
a
resolution
reaffirming
the
purpose
for
which
the
unused
property
will
be
used
or
offering
the
unused
property
for
sale
to
the
prior
owner
at
a
price
as
provided
in
section
6B.56
.
However,
if
all
or
a
portion
of
such
property
was
condemned
for
the
creation
of
a
lake
subject
to
the
requirements
of
section
6A.22,
subsection
2,
paragraph
“c”
,
subparagraph
(1),
subparagraph
division
(0b),
the
acquiring
agency
shall
not
adopt
a
resolution
reaffirming
the
purpose
for
which
the
property
was
to
be
used
and
shall
instead
adopt
a
resolution
offering
the
property
for
sale
to
the
prior
owner
at
a
price
as
provided
in
section
6B.56.
If
the
resolution
adopted
approves
an
offer
of
sale
to
the
prior
owner,
the
offer
shall
be
made
in
writing
and
mailed
by
certified
mail
to
the
prior
owner.
The
prior
owner
has
one
hundred
eighty
days
after
the
offer
is
mailed
to
purchase
the
property
from
the
acquiring
agency.
Sec.
148.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
upon
enactment.
Sec.
149.
APPLICABILITY.
The
section
of
this
division
of
this
Act
amending
section
6B.2C
applies
to
public
improvement
projects
for
which
an
application
under
section
6B.3
is
filed
on
or
after
the
effective
date
of
this
division
of
this
Act.
Sec.
150.
APPLICABILITY.
The
sections
of
this
division
of
this
Act
amending
sections
6B.56
and
6B.56A
apply
to
the
disposition
of
condemned
property
occurring
on
or
after
the
effective
date
of
this
division
of
this
Act.
DIVISION
XXV
CONDEMNATION
FOR
CREATION
OF
A
LAKE
——
NUMBER
OF
ACRES
Sec.
151.
Section
6A.22,
subsection
2,
paragraph
c,
subparagraph
(1),
subparagraph
division
(b),
Code
2015,
is
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amended
to
read
as
follows:
(b)
(i)
For
purposes
of
this
subparagraph
(1),
“number
of
acres
justified
as
necessary
for
a
surface
drinking
water
source”
means
according
to
guidelines
of
the
United
States
natural
resource
conservation
service
and
according
to
analyses
of
surface
drinking
water
capacity
needs
conducted
by
one
or
more
registered
professional
engineers.
(ii)
For
condemnation
proceedings
for
which
the
application
pursuant
to
section
6B.3
was
filed
after
January
1,
2013,
for
condemnation
of
property
located
in
a
county
with
a
population
of
greater
than
nine
thousand
two
hundred
fifty
but
less
than
nine
thousand
three
hundred,
according
to
the
2010
federal
decennial
census,
which
property
sought
to
be
condemned
was
in
whole
or
in
part
described
in
a
petition
filed
under
section
6A.24,
subsection
2,
after
January
1,
2013,
but
before
January
1,
2014,
regardless
of
whether
the
petitioner
was
determined
by
a
court
to
not
be
a
proper
acquiring
agency,
“number
of
acres
justified
as
necessary
for
a
surface
drinking
water
source”
,
as
determined
under
subparagraph
subdivision
(i)
shall
not
exceed
the
number
of
acres
that
would
be
necessary
to
provide
the
amount
of
drinking
water
to
meet
the
needs
of
a
population
equal
to
the
population
of
the
county
where
the
lake
is
to
be
developed
or
created,
according
to
the
most
recent
federal
decennial
census.
Sec.
152.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
XXVI
CONDEMNATION
FOR
CREATION
OF
A
LAKE
——
EXISTING
SOURCES
Sec.
153.
Section
6A.22,
subsection
2,
paragraph
c,
subparagraph
(1),
Code
2015,
is
amended
by
adding
the
following
new
subparagraph
division:
NEW
SUBPARAGRAPH
DIVISION
.
(0b)
For
condemnation
of
property
located
in
a
county
with
a
population
of
greater
than
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nine
thousand
two
hundred
fifty
but
less
than
nine
thousand
three
hundred,
according
to
the
2010
federal
decennial
census,
prior
to
making
a
determination
that
development
or
creation
of
a
lake
as
a
surface
drinking
water
source
is
reasonable
and
necessary,
the
acquiring
agency
shall
conduct
a
review
of
feasible
alternatives
to
development
or
creation
of
a
lake
as
a
surface
drinking
water
source.
An
acquiring
agency
shall
not
have
the
authority
to
condemn
private
property
for
the
development
or
creation
of
a
lake
as
a
surface
drinking
water
source
if
one
or
more
feasible
alternatives
to
provision
of
a
drinking
water
source
exist.
An
alternative
that
results
in
the
physical
expansion
of
an
existing
drinking
water
source
is
presumed
to
be
a
feasible
alternative
to
development
or
creation
of
a
lake
as
a
surface
drinking
water
source.
An
alternative
that
supplies
drinking
water
by
pipeline
or
other
method
of
transportation
or
transmission
from
an
existing
source
located
within
or
outside
this
state
at
a
reasonable
cost
is
a
feasible
alternative
to
development
or
creation
of
a
lake
as
a
surface
drinking
water
source.
If
private
property
is
to
be
condemned
for
development
or
creation
of
a
lake,
only
that
number
of
acres
justified
as
necessary
for
a
surface
drinking
water
source,
and
not
otherwise
acquired,
may
be
condemned.
Development
or
creation
of
a
lake
as
a
surface
drinking
water
source
includes
all
of
the
following:
(i)
Construction
of
the
dam,
including
sites
for
suitable
borrow
material
and
the
auxiliary
spillway.
(ii)
The
water
supply
pool.
(iii)
The
sediment
pool.
(iv)
The
flood
control
pool.
(v)
The
floodwater
retarding
pool.
(vi)
The
surrounding
area
upstream
of
the
dam
no
higher
in
elevation
than
the
top
of
the
dam’s
elevation.
(vii)
The
appropriate
setback
distance
required
by
state
or
federal
laws
and
regulations
to
protect
drinking
water
supply.
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Sec.
154.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
155.
APPLICABILITY.
This
division
of
this
Act
applies
to
projects
or
condemnation
proceedings
pending
or
commenced
on
or
after
the
effective
date
of
this
division
of
this
Act.
DIVISION
XXVII
JUDICIAL
OFFICER
COMPENSATION
FUND
Sec.
156.
Section
602.1302,
subsection
1,
Code
2015,
is
amended
to
read
as
follows:
1.
Except
as
otherwise
provided
by
sections
602.1303
,
602.1304
,
602.1515,
and
602.8108
or
other
applicable
law,
the
expenses
of
operating
and
maintaining
the
judicial
branch
shall
be
paid
out
of
the
general
fund
of
the
state
from
funds
appropriated
by
the
general
assembly
for
the
judicial
branch.
State
funding
shall
be
phased
in
as
provided
in
section
602.11101
.
Sec.
157.
NEW
SECTION
.
602.1515
Judicial
officer
compensation
fund
——
established
——
future
repeal.
1.
A
judicial
officer
compensation
fund
is
created
in
the
state
treasury
under
the
control
of
the
judicial
branch
for
the
purpose
of
enhancing
judicial
officer
compensation.
Notwithstanding
section
602.8108,
the
state
court
administrator
shall
allocate
to
the
treasurer
of
state
for
deposit
in
the
judicial
officer
compensation
fund
the
first
two
million
dollars
of
the
moneys
received
under
section
602.8108,
subsection
1,
during
the
fiscal
year
beginning
July
1,
2015,
and
each
fiscal
year
thereafter.
Moneys
in
the
fund
shall
not
be
subject
to
appropriation
for
any
other
purpose
by
the
general
assembly.
The
annual
salary
rate
for
a
judicial
officer
shall
remain
at
the
rate
established
by
2013
Iowa
Acts,
chapter
140,
section
40,
until
otherwise
provided
by
the
general
assembly.
2.
Moneys
in
the
fund
are
not
subject
to
section
8.33.
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Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
3.
This
section
is
repealed
on
June
30,
2020.
DIVISION
XXVIII
DISABLED
VETERAN
HOMESTEAD
CREDIT
——
TRANSFER
Sec.
158.
DISABLED
VETERAN
HOMESTEAD
CREDIT
——
TRANSFER.
Notwithstanding
section
8B.33,
subsection
1,
and
in
lieu
of
the
general
fund
appropriation
provided
in
section
425.1
to
the
extent
such
appropriation
would
otherwise
fund
the
payment
of
homestead
credit
claims
under
section
425.15
filed
after
July
1,
2014,
but
before
July
1,
2015,
and
considered
properly
filed
for
taxes
due
and
payable
in
the
fiscal
year
beginning
July
1,
2015,
pursuant
to
the
section
of
House
File
616,
if
enacted,
amending
2015
Iowa
Acts,
House
File
166,
there
is
transferred
for
the
fiscal
year
beginning
July
1,
2015,
from
the
IowAccess
revolving
fund
created
in
section
8B.33
to
the
homestead
credit
fund
created
in
section
425.1
an
amount
necessary
to
pay
homestead
credit
claims
filed
after
July
1,
2014,
but
before
July
1,
2015,
and
considered
properly
filed
for
taxes
due
and
payable
in
the
fiscal
year
beginning
July
1,
2015,
pursuant
to
the
section
of
House
File
616,
if
enacted,
amending
2015
Iowa
Acts,
House
File
166.
Sec.
159.
CONTINGENT
EFFECTIVENESS.
This
division
of
this
Act
takes
effect
only
if
the
section
of
House
File
616
amending
2015
Iowa
Acts,
House
File
166,
is
enacted.
Sec.
160.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
March
5,
2015.
DIVISION
XXIX
CONDITIONAL
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY
PROVISIONS
Sec.
161.
EFFECTIVE
UPON
ENACTMENT.
Unless
otherwise
provided,
this
Act,
if
approved
by
the
governor
on
or
after
July
1,
2015,
takes
effect
upon
enactment.
Sec.
162.
RETROACTIVE
APPLICABILITY.
Unless
otherwise
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provided,
this
Act,
if
approved
by
the
governor
on
or
after
July
1,
2015,
applies
retroactively
to
July
1,
2015.
>
2.
By
renumbering
as
necessary.
ON
THE
PART
OF
THE
SENATE:
______________________________
ROBERT
E.
DVORSKY,
CHAIRPERSON
______________________________
MICHAEL
E.
GRONSTAL
______________________________
PAM
JOCHUM
ON
THE
PART
OF
THE
HOUSE:
______________________________
CHUCK
SODERBERG,
CHAIRPERSON
______________________________
KRAIG
PAULSEN
______________________________
LINDA
UPMEYER
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