Senate File 510 H-1365 Amend Senate File 510, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 STANDING APPROPRIATIONS AND RELATED MATTERS 6 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2016-2017 7 AND FISCAL YEAR 2017-2018. 8 1. For the budget process applicable to the fiscal 9 year beginning July 1, 2016, on or before October 1, 10 2015, in lieu of the information specified in section 11 8.23, subsection 1, unnumbered paragraph 1, and 12 paragraph “a”, all departments and establishments of 13 the government shall transmit to the director of the 14 department of management, on blanks to be furnished 15 by the director, estimates of their expenditure 16 requirements, including every proposed expenditure, for 17 the ensuing fiscal year, together with supporting data 18 and explanations as called for by the director of the 19 department of management after consultation with the 20 legislative services agency. 21 2. The estimates of expenditure requirements 22 shall be in a form specified by the director of 23 the department of management, and the expenditure 24 requirements shall include all proposed expenditures 25 and shall be prioritized by program or the results to 26 be achieved. The estimates shall be accompanied by 27 performance measures for evaluating the effectiveness 28 of the programs or results. 29 Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS 30 —— FY 2015-2016. Notwithstanding the standing 31 appropriations in the following designated sections for 32 the fiscal year beginning July 1, 2015, and ending June 33 30, 2016, the amounts appropriated from the general 34 fund of the state pursuant to these sections for the 35 following designated purposes shall not exceed the 36 following amounts: 37 1. For operational support grants and community 38 cultural grants under section 99F.11, subsection 3 , 39 paragraph “d”, subparagraph (1): 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 41 2. For payment for nonpublic school transportation 42 under section 285.2 : 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 44 If total approved claims for reimbursement for 45 nonpublic school pupil transportation exceed the amount 46 appropriated in accordance with this subsection, the 47 department of education shall prorate the amount of 48 each approved claim. 49 3. For the enforcement of chapter 453D relating to 50 -1- SF510.2065 (2) 86 tm/rn 1/ 31 #1.
tobacco product manufacturers under section 453D.8 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 2 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS 3 —— FY 2016-2017. Notwithstanding the standing 4 appropriations in the following designated sections for 5 the fiscal year beginning July 1, 2016, and ending June 6 30, 2017, the amounts appropriated from the general 7 fund of the state pursuant to these sections for the 8 following designated purposes shall not exceed the 9 following amounts: 10 1. For operational support grants and community 11 cultural grants under section 99F.11, subsection 3 , 12 paragraph “d”, subparagraph (1): 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 14 2. For payment for nonpublic school transportation 15 under section 285.2 : 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 17 If total approved claims for reimbursement for 18 nonpublic school pupil transportation exceed the amount 19 appropriated in accordance with this subsection, the 20 department of education shall prorate the amount of 21 each approved claim. 22 3. For the enforcement of chapter 453D relating to 23 tobacco product manufacturers under section 453D.8 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 25 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— 26 FY 2015-2016 —— FY 2016-2017. In lieu of the 27 appropriation provided in section 257.20, subsection 2 , 28 the appropriation for the fiscal years beginning July 29 1, 2015, and July 1, 2016, for paying instructional 30 support state aid under section 257.20 for such fiscal 31 years is zero. 32 Sec. 5. GENERAL ASSEMBLY. 33 1. The appropriations made pursuant to section 34 2.12 for the expenses of the general assembly and 35 legislative agencies for the fiscal year beginning July 36 1, 2015, and ending June 30, 2016, are reduced by the 37 following amount: 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,750,000 39 2. The budgeted amounts for the general assembly 40 and legislative agencies for the fiscal year beginning 41 July 1, 2015, may be adjusted to reflect the unexpended 42 budgeted amounts from the previous fiscal year. 43 3. Annual membership dues for organizations, 44 associations, and conferences shall not be paid from 45 moneys appropriated pursuant to section 2.12. 46 4. Costs for out-of-state travel and per diems 47 for out-of-state travel shall not be paid from moneys 48 appropriated pursuant to section 2.12. 49 Sec. 6. TECHNOLOGY REINVESTMENT FUND APPROPRIATION 50 -2- SF510.2065 (2) 86 tm/rn 2/ 31
—— LIMITATION. Notwithstanding the standing 1 appropriation in section 8.57C, subsection 3, paragraph 2 “a”, for the fiscal year beginning July 1, 2015, 3 and ending June 30, 2016, the amount appropriated 4 from the general fund of the state to the technology 5 reinvestment fund shall not exceed the following 6 amount: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,000,000 8 Sec. 7. Section 142C.15, subsection 4, paragraph c, 9 unnumbered paragraph 1, Code 2015, is amended to read 10 as follows: 11 Not more than fifty percent of the Any unobligated 12 moneys in the fund annually may be expended in 13 the form of grants to transplant recipients, 14 transplant candidates, living organ donors, or 15 to legal representatives on behalf of transplant 16 recipients, transplant candidates, or living organ 17 donors. Transplant recipients, transplant candidates, 18 living organ donors, or the legal representatives 19 of transplant recipients, transplant candidates, or 20 living organ donors shall submit grant applications 21 with supporting documentation provided by a hospital 22 that performs transplants, verifying that the person 23 by or for whom the application is submitted requires a 24 transplant or is a living organ donor and specifying 25 the amount of the costs associated with the following, 26 if funds are not available from any other third-party 27 payor: 28 Sec. 8. Section 257.35, Code 2015, is amended by 29 adding the following new subsection: 30 NEW SUBSECTION . 9A. Notwithstanding subsection 1, 31 and in addition to the reduction applicable pursuant 32 to subsection 2, the state aid for area education 33 agencies and the portion of the combined district cost 34 calculated for these agencies for the fiscal year 35 beginning July 1, 2015, and ending June 30, 2016, shall 36 be reduced by the department of management by fifteen 37 million dollars. The reduction for each area education 38 agency shall be prorated based on the reduction that 39 the agency received in the fiscal year beginning July 40 1, 2003. 41 DIVISION II 42 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 43 Sec. 9. EXECUTIVE COUNCIL —— APPROPRIATION —— 44 ORGANIZATIONAL MEMBERSHIP DUES. 45 1. There is appropriated from the general fund of 46 the state to the executive council for the fiscal year 47 beginning July 1, 2015, and ending June 30, 2016, the 48 following amount, or so much thereof as is necessary, 49 to be used for the purposes designated: 50 -3- SF510.2065 (2) 86 tm/rn 3/ 31
For annual membership dues for organizations, 1 associations, and conferences paid by an executive 2 branch department or agency: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 4 2. An executive branch department or agency must 5 apply to the executive council for approval prior to 6 beginning a new membership or renewing a membership 7 in an organization, association, or conference. 8 Upon approval of a new membership or renewal of a 9 membership, the executive council may transfer moneys 10 appropriated pursuant to this section to the applicant 11 executive branch department or agency for purposes of 12 paying membership dues. 13 Sec. 10. IOWA NEW JOBS TRAINING AGREEMENTS. An 14 Iowa community college that entered into a new jobs 15 training agreement pursuant to chapter 260E, which was 16 effective in April 2012, with an Iowa employer may 17 enter into a new agreement with such employer pursuant 18 to chapter 260E, which will be effective September 19 2015, and may use the base employment determined in 20 April 2012 as the base employment for determining 21 the new jobs eligible under the new agreement if the 22 base employment determined in April 2012 was 2,125 23 employees. The new agreement under chapter 260E shall 24 be limited to seven years from the effective date of 25 the agreement. 26 Sec. 11. Section 8D.4, Code 2015, is amended to 27 read as follows: 28 8D.4 Executive director appointed. 29 The commission, in consultation with the director 30 of the department of administrative services and the 31 chief information officer, shall appoint an executive 32 director of the commission, subject to confirmation 33 by the senate. Such individual shall not serve as 34 a member of the commission. The executive director 35 shall serve at the pleasure of the commission. The 36 executive director shall be selected primarily for 37 administrative ability and knowledge in the field, 38 without regard to political affiliation. The governor 39 shall establish the salary of the executive director 40 within the applicable salary range nine as established 41 by the general assembly. The salary and support of the 42 executive director shall be paid from funds deposited 43 in the Iowa communications network fund. 44 Sec. 12. NEW SECTION . 70A.40 Elective public 45 officer contact information. 46 1. Within thirty days of an elective public officer 47 swearing to an oath of office, the governmental entity 48 the officer serves shall provide the officer with 49 designated contact information with the governmental 50 -4- SF510.2065 (2) 86 tm/rn 4/ 31
entity. A governmental entity that maintains an 1 internet site shall cause to be published the contact 2 information for each of the entity’s elective public 3 officers on the internet site maintained by the entity. 4 An elective public officer shall provide additional 5 contact information that would normally be used to make 6 contact with the officer to the governmental entity to 7 be published as provided in this section for designated 8 contact information. 9 2. a. For the purposes of this section, “contact 10 information” means a telephone number and an electronic 11 mail address. 12 b. For the purposes of this section, “elective 13 public officer” or “officer” means all of the following: 14 (1) Members of the general assembly. 15 (2) Members of a county board of supervisors. 16 (3) Members of a city council. 17 (4) Members of a board of directors of a school 18 district. 19 Sec. 13. Section 123.132, subsection 3, as enacted 20 by 2015 Iowa Acts, Senate File 456, section 1, is 21 amended to read as follows: 22 3. A container of beer other than the original 23 container that is sold and sealed in compliance with 24 the requirements of subsection 2 and the division’s 25 rules shall not be deemed an open container subject to 26 the requirements of sections 321.284 and 321.284A if 27 the sealed container is unopened and the seal has not 28 been tampered with , and the contents of the container 29 have not been partially removed . 30 DIVISION III 31 SALARIES, COMPENSATION, AND RELATED MATTERS 32 Sec. 14. SALARY MODEL ADMINISTRATOR. The salary 33 model administrator shall work in conjunction with 34 the legislative services agency to maintain the 35 state’s salary model used for analyzing, comparing, 36 and projecting state employee salary and benefit 37 information, including information relating to 38 employees of the state board of regents. The 39 department of revenue, the department of administrative 40 services, the five institutions under the jurisdiction 41 of the state board of regents, the judicial district 42 departments of correctional services, and the state 43 department of transportation shall provide salary data 44 to the department of management and the legislative 45 services agency to operate the state’s salary 46 model. The format and frequency of provision of the 47 salary data shall be determined by the department of 48 management and the legislative services agency. The 49 information shall be used in collective bargaining 50 -5- SF510.2065 (2) 86 tm/rn 5/ 31
processes under chapter 20 and in calculating the 1 funding needs contained within the annual salary 2 adjustment legislation. A state employee organization 3 as defined in section 20.3, subsection 4, may request 4 information produced by the model, but the information 5 provided shall not contain information attributable to 6 individual employees. 7 DIVISION IV 8 CORRECTIVE PROVISIONS 9 Sec. 15. Section 123.122, Code 2015, as amended by 10 2015 Iowa Acts, House File 536, section 48, is amended 11 to read as follows: 12 123.122 Permit or license required. 13 A person shall not manufacture for sale or sell 14 beer at wholesale or retail unless a permit is first 15 obtained as provided in this subchapter or, a liquor 16 control license authorizing the retail sale of beer is 17 first obtained as provided in division subchapter I of 18 this chapter . A liquor control license holder is not 19 required to hold a separate class “B” beer permit. 20 Sec. 16. Section 227.10, Code 2015, as amended by 21 2015 Iowa Acts, Senate File 463, section 53, is amended 22 to read as follows: 23 227.10 Transfers from county or private 24 institutions. 25 Patients who have been admitted at public expense 26 to any institution to which this chapter is applicable 27 may be involuntarily transferred to the proper 28 state hospital for persons with mental illness in 29 the manner prescribed by sections 229.6 to 229.13 . 30 The application required by section 229.6 may be 31 filed by the administrator of the division or the 32 administrator’s designee, or by the administrator 33 of the institution where the patient is then being 34 maintained or treated. If the patient was admitted to 35 that institution involuntarily, the administrator of 36 the division may arrange and complete the transfer, and 37 shall report it as required of a chief medical officer 38 under section 229.15, subsection 5 . The transfer 39 shall be made at the mental health and disabilities 40 disability services region’s expense, and the expense 41 recovered, as provided in section 227.7 . However, 42 transfer under this section of a patient whose expenses 43 are payable in whole or in part by a the mental health 44 and disabilities disability services region is subject 45 to an authorization for the transfer through the 46 regional administrator for the patient’s county of 47 residence. 48 Sec. 17. Section 227.14, Code 2015, as amended by 49 2015 Iowa Acts, Senate File 463, section 56, is amended 50 -6- SF510.2065 (2) 86 tm/rn 6/ 31
to read as follows: 1 227.14 Caring for persons with mental illness from 2 other counties. 3 The regional administrator for a county that does 4 not have proper facilities for caring for persons 5 with mental illness may, with the consent of the 6 administrator of the division, provide for such care 7 at the expense of the mental health and disabilities 8 disability services region in any convenient and proper 9 county or private institution for persons with mental 10 illness which is willing to receive the persons. 11 Sec. 18. Section 229.1B, Code 2015, as amended by 12 2015 Iowa Acts, Senate File 463, section 59, is amended 13 to read as follows: 14 229.1B Regional administrator. 15 Notwithstanding any provision of this chapter to the 16 contrary, any person whose hospitalization expenses 17 are payable in whole or in part by a mental health 18 and disabilities disability services region shall be 19 subject to all administrative requirements of the 20 regional administrator for the county. 21 Sec. 19. Section 229.2, subsection 1, paragraph b, 22 subparagraph (3), Code 2015, as amended by 2015 Iowa 23 Acts, Senate File 463, section 60, is amended to read 24 as follows: 25 (3) As soon as is practicable after the filing of a 26 petition for juvenile court approval of the admission 27 of the minor, the juvenile court shall determine 28 whether the minor has an attorney to represent the 29 minor in the hospitalization proceeding, and if not, 30 the court shall assign to the minor an attorney. If 31 the minor is financially unable to pay for an attorney, 32 the attorney shall be compensated by the mental 33 health and disabilities disability services region 34 at an hourly rate to be established by the regional 35 administrator for the county in which the proceeding 36 is held in substantially the same manner as provided 37 in section 815.7 . 38 Sec. 20. Section 229.8, subsection 1, Code 2015, as 39 amended by 2015 Iowa Acts, Senate File 463, section 61, 40 is amended to read as follows: 41 1. Determine whether the respondent has an attorney 42 who is able and willing to represent the respondent in 43 the hospitalization proceeding, and if not, whether the 44 respondent is financially able to employ an attorney 45 and capable of meaningfully assisting in selecting one. 46 In accordance with those determinations, the court 47 shall if necessary allow the respondent to select, or 48 shall assign to the respondent, an attorney. If the 49 respondent is financially unable to pay an attorney, 50 -7- SF510.2065 (2) 86 tm/rn 7/ 31
the attorney shall be compensated by the mental 1 health and disabilities disability services region 2 at an hourly rate to be established by the regional 3 administrator for the county in which the proceeding 4 is held in substantially the same manner as provided 5 in section 815.7 . 6 Sec. 21. Section 229.10, subsection 1, paragraph a, 7 Code 2015, as amended by 2015 Iowa Acts, Senate File 8 463, section 62, is amended to read as follows: 9 a. An examination of the respondent shall be 10 conducted by one or more licensed physicians, as 11 required by the court’s order, within a reasonable 12 time. If the respondent is detained pursuant to 13 section 229.11, subsection 1 , paragraph “b” , the 14 examination shall be conducted within twenty-four 15 hours. If the respondent is detained pursuant to 16 section 229.11, subsection 1 , paragraph “a” or “c” , 17 the examination shall be conducted within forty-eight 18 hours. If the respondent so desires, the respondent 19 shall be entitled to a separate examination by a 20 licensed physician of the respondent’s own choice. 21 The reasonable cost of the examinations shall, if the 22 respondent lacks sufficient funds to pay the cost, be 23 paid by the regional administrator from mental health 24 and disabilities disability services region funds upon 25 order of the court. 26 Sec. 22. Section 229.11, subsection 1, unnumbered 27 paragraph 1, Code 2015, as amended by 2015 Iowa Acts, 28 Senate File 463, section 63, is amended to read as 29 follows: 30 If the applicant requests that the respondent 31 be taken into immediate custody and the judge, 32 upon reviewing the application and accompanying 33 documentation, finds probable cause to believe that 34 the respondent has a serious mental impairment and is 35 likely to injure the respondent or other persons if 36 allowed to remain at liberty, the judge may enter a 37 written order directing that the respondent be taken 38 into immediate custody by the sheriff or the sheriff’s 39 deputy and be detained until the hospitalization 40 hearing. The hospitalization hearing shall be held no 41 more than five days after the date of the order, except 42 that if the fifth day after the date of the order is a 43 Saturday, Sunday, or a holiday, the hearing may be held 44 on the next succeeding business day. If the expenses 45 of a respondent are payable in whole or in part by 46 a mental health and disabilities disability services 47 region, for a placement in accordance with paragraph 48 “a” , the judge shall give notice of the placement to 49 the regional administrator for the county in which the 50 -8- SF510.2065 (2) 86 tm/rn 8/ 31
court is located, and for a placement in accordance 1 with paragraph “b” or “c” , the judge shall order the 2 placement in a hospital or facility designated through 3 the regional administrator. The judge may order 4 the respondent detained for the period of time until 5 the hearing is held, and no longer, in accordance 6 with paragraph “a” , if possible, and if not then in 7 accordance with paragraph “b” , or, only if neither of 8 these alternatives is available, in accordance with 9 paragraph “c” . Detention may be: 10 Sec. 23. Section 229.13, subsection 1, paragraph a, 11 Code 2015, as amended by 2015 Iowa Acts, Senate File 12 463, section 64, is amended to read as follows: 13 a. The court shall order a respondent whose 14 expenses are payable in whole or in part by a mental 15 health and disabilities disability services region 16 placed under the care of an appropriate hospital or 17 facility designated through the county’s regional 18 administrator on an inpatient or outpatient basis. 19 Sec. 24. Section 229.14, subsection 2, paragraph a, 20 Code 2015, as amended by 2015 Iowa Acts, Senate File 21 463, section 65, is amended to read as follows: 22 a. For a respondent whose expenses are payable in 23 whole or in part by a mental health and disabilities 24 disability services region, placement as designated 25 through the county’s regional administrator in the care 26 of an appropriate hospital or facility on an inpatient 27 or outpatient basis, or other appropriate treatment, or 28 in an appropriate alternative placement. 29 Sec. 25. Section 229.14A, subsection 7, Code 2015, 30 as amended by 2015 Iowa Acts, Senate File 463, section 31 66, is amended to read as follows: 32 7. If a respondent’s expenses are payable in 33 whole or in part by a mental health and disabilities 34 disability services region through the county’s 35 regional administrator, notice of a placement hearing 36 shall be provided to the county attorney and the 37 regional administrator. At the hearing, the county may 38 present evidence regarding appropriate placement. 39 Sec. 26. Section 229.42, subsection 1, Code 2015, 40 as amended by 2015 Iowa Acts, Senate File 463, section 41 68, is amended to read as follows: 42 1. If a person wishing to make application for 43 voluntary admission to a mental hospital established 44 by chapter 226 is unable to pay the costs of 45 hospitalization or those responsible for the person are 46 unable to pay the costs, application for authorization 47 of voluntary admission must be made through a regional 48 administrator before application for admission 49 is made to the hospital. The person’s county of 50 -9- SF510.2065 (2) 86 tm/rn 9/ 31
residence shall be determined through the regional 1 administrator and if the admission is approved through 2 the regional administrator, the person’s admission 3 to a mental health hospital shall be authorized as a 4 voluntary case. The authorization shall be issued on 5 forms provided by the department of human services’ 6 administrator. The costs of the hospitalization shall 7 be paid by the county of residence through the regional 8 administrator to the department of human services and 9 credited to the general fund of the state, provided 10 that the mental health hospital rendering the services 11 has certified to the county auditor of the county of 12 residence and the regional administrator the amount 13 chargeable to the mental health and disabilities 14 disability services region and has sent a duplicate 15 statement of the charges to the department of human 16 services. A mental health and disabilities disability 17 services region shall not be billed for the cost of a 18 patient unless the patient’s admission is authorized 19 through the regional administrator. The mental health 20 institute and the regional administrator shall work 21 together to locate appropriate alternative placements 22 and services, and to educate patients and family 23 members of patients regarding such alternatives. 24 Sec. 27. Section 230.1, subsection 3, Code 2015, as 25 amended by 2015 Iowa Acts, Senate File 463, section 69, 26 is amended to read as follows: 27 3. A mental health and disabilities disability 28 services region or county of residence is not liable 29 for costs and expenses associated with a person with 30 mental illness unless the costs and expenses are for 31 services and other support authorized for the person 32 through the county’s regional administrator. For the 33 purposes of this chapter , “regional administrator” means 34 the same as defined in section 331.388 . 35 Sec. 28. Section 230.20, subsection 2, paragraph b, 36 Code 2015, as amended by 2015 Iowa Acts, Senate File 37 463, section 71, is amended to read as follows: 38 b. The per diem costs billed to each mental health 39 and disabilities disability services region shall 40 not exceed the per diem costs billed to the county 41 in the fiscal year beginning July 1, 1996. However, 42 the per diem costs billed to a mental health and 43 disabilities disability services region may be adjusted 44 annually to reflect increased costs, to the extent of 45 the percentage increase in the statewide per capita 46 expenditure target amount, if any per capita growth 47 amount is authorized by the general assembly for the 48 fiscal year in accordance with section 426B.3 . 49 Sec. 29. Section 279.10, subsection 1, Code 2015, 50 -10- SF510.2065 (2) 86 tm/rn 10/ 31
as amended by 2015 Iowa Acts, Senate File 227, section 1 2, is amended to read as follows: 2 1. The school year for each school district and 3 accredited nonpublic school shall begin on July 1 and 4 the school calendar shall begin no sooner than August 5 23 and no later than the first Monday in December. 6 The school calendar shall include not less than one 7 hundred eighty days , except as provided in subsection 8 3 , or one thousand eighty hours of instruction during 9 the calendar year. The board of directors of a school 10 district and the authorities in charge of an accredited 11 nonpublic school shall determine the school start 12 date for the school calendar in accordance with this 13 subsection and shall set the number of days or hours of 14 required attendance for the school year as provided in 15 section 299.1, subsection 2 , but the board of directors 16 of a school district shall hold a public hearing on 17 any proposed school calendar prior to adopting the 18 school calendar. If the board of directors of a 19 district or the authorities in charge of an accredited 20 nonpublic school extends the school calendar because 21 inclement weather caused the school district or 22 accredited nonpublic school to temporarily close during 23 the regular school calendar, the school district or 24 accredited nonpublic school may excuse a graduating 25 senior who has met district or school requirements for 26 graduation from attendance during the extended school 27 calendar. A school corporation may begin employment 28 of personnel for in-service training and development 29 purposes before the date to begin elementary and 30 secondary school. 31 Sec. 30. Section 426B.5, subsection 2, paragraph c, 32 Code 2015, as amended by 2015 Iowa Acts, Senate File 33 463, section 78, is amended to read as follows: 34 c. A risk pool board is created. The board 35 shall consist of two county supervisors, two county 36 auditors, a member of the mental health and disability 37 services commission who is not a member of a county 38 board of supervisors, a member of the county finance 39 committee created in chapter 333A who is not an elected 40 official, a representative of a provider of mental 41 health or developmental disabilities services selected 42 from nominees submitted by the Iowa association of 43 community providers, and two staff members of regional 44 administrators of county mental health and disability 45 services regions , all appointed by the governor, and 46 one member appointed by the director of human services. 47 All members appointed by the governor shall be subject 48 to confirmation by the senate. Members shall serve for 49 three-year terms. A vacancy shall be filled in the 50 -11- SF510.2065 (2) 86 tm/rn 11/ 31
same manner as the original appointment. Expenses and 1 other costs of the risk pool board members representing 2 counties shall be paid by the county of origin. 3 Expenses and other costs of risk pool board members 4 who do not represent counties shall be paid from a 5 source determined by the governor. Staff assistance 6 to the board shall be provided by the department of 7 human services and counties. Actuarial expenses and 8 other direct administrative costs shall be charged to 9 the pool. 10 Sec. 31. Section 459A.302, subsection 1, paragraph 11 a, unnumbered paragraph 1, Code 2015, as amended by 12 2015 Iowa Acts, House File 583, section 33, if enacted, 13 is amended to read as follows: 14 Prior to constructing a settled open feedlot 15 effluent basin or an animal truck wash effluent 16 structure, the site for the basin or structure shall 17 be investigated for a drainage tile line by the owner 18 of the open feedlot operation or animal truck wash 19 facility. The investigation shall be made by digging 20 a core trench to a depth of at least six feet deep from 21 ground level at the projected center of the berm of 22 the basin or structure. If a drainage tile line is 23 discovered, one of the following solutions shall be 24 implemented: 25 Sec. 32. Section 459A.302, subsection 2, paragraph 26 a, Code 2015, as amended by 2015 Iowa Acts, House File 27 583, section 34, if enacted, is amended to read as 28 follows: 29 a. The settled open feedlot effluent basin or 30 an animal truck wash effluent structure shall be 31 constructed with a minimum separation of two feet 32 between the top of the liner of the basin or structure 33 and the seasonal high-water table. 34 Sec. 33. Section 459A.404, subsection 3, paragraphs 35 b and c, if enacted by 2015 Iowa Acts, House File 583, 36 section 41, are amended to read as follows: 37 b. For purposes of section 459.310, subsection 4, 38 the provisions relating to an unformed manure storage 39 structure shall apply to an unformed animal truck wash 40 effluent structure and the provisions relating to a 41 formed manure storage structure shall apply to a formed 42 animal truck wash effluent structure. However, the 43 c. Notwithstanding section 459.310, subsection 44 4, a requirement in section 459.310, subsection 4, 45 paragraph “a” , relating to animal weight capacity or 46 animal unit capacity shall not apply to the replacement 47 of an unformed animal truck wash effluent structure 48 with a formed animal truck wash effluent structure . In 49 addition, the capacity of a replacement animal truck 50 -12- SF510.2065 (2) 86 tm/rn 12/ 31
wash effluent structure shall not exceed the amount 1 required to store animal truck wash effluent for any 2 eighteen-month period. 3 Sec. 34. Section 459A.411, Code 2015, as amended by 4 2015 Iowa Acts, House File 583, section 43, if enacted, 5 is amended to read as follows: 6 459A.411 Discontinuance of operations. 7 The owner of an open feedlot operation or animal 8 truck wash facility who discontinues its operation 9 shall remove all effluent from related open feedlot 10 operation structures or animal truck wash effluent 11 structures used to store effluent, as soon as practical 12 but not later than six months following the date the 13 operations of the open feedlot operation or animal 14 truck wash facility is are discontinued. 15 Sec. 35. Section 476.53, subsection 3, paragraph a, 16 subparagraph (1), Code 2015, as amended by 2015 Iowa 17 Acts, House File 535, section 61, is amended to read 18 as follows: 19 (1) (a) Files an application pursuant to section 20 476A.3 to construct in Iowa a baseload electric 21 power generating facility with a nameplate generating 22 capacity equal to or greater than three hundred 23 megawatts or a combined-cycle electric power generating 24 facility, or an alternate energy production facility as 25 defined in section 476.42 , or to significantly alter 26 an existing generating facility. For purposes of this 27 subparagraph, a significant alteration of an existing 28 generating facility must, in order to qualify for 29 establishment of ratemaking principles, fall into one 30 of the following categories: 31 (i) Conversion of a coal fueled facility into a gas 32 fueled facility. 33 (ii) Addition of carbon capture and storage 34 facilities at a coal fueled facility. 35 (iii) Addition of gas fueled capability to a coal 36 fueled facility, in order to convert the facility 37 to one that will rely primarily on gas for future 38 generation. 39 (iv) Addition of a biomass fueled capability to a 40 coal fueled facility. 41 (b) With respect to a significant alteration of 42 an existing generating facility, an original facility 43 shall not be required to be either a baseload or 44 a combined-cycle facility. Only the incremental 45 investment undertaken by a utility under subparagraph 46 division (a), subparagraph subdivision (i), (ii), 47 (iii), or (iv) shall be eligible to apply the 48 ratemaking principles established by the order issued 49 pursuant to paragraph “e” . Facilities for which 50 -13- SF510.2065 (2) 86 tm/rn 13/ 31
advanced ratemaking principles are obtained pursuant 1 to this section shall not be subject to a subsequent 2 board review pursuant to section 476.6, subsection 20 , 3 to the extent that the investment has been considered 4 by the board under this section . To the extent an 5 eligible utility has been authorized to make capital 6 investments subject to section 476.6, subsection 20 , 7 such investments shall not be eligible for ratemaking 8 principles pursuant to this section . 9 Sec. 36. Section 602.3205, subsection 3, paragraph 10 b, if enacted by 2015 Iowa Acts, Senate File 404, 11 section 5, is amended to read as follows: 12 b. The audio recordings provided in to the board 13 pursuant to this subsection shall be kept confidential 14 by the board in a manner as provided in section 272C.6, 15 subsection 4. 16 Sec. 37. Section 602.11113, Code 2015, as amended 17 by 2015 Iowa Acts, House File 536, section 177, is 18 amended to read as follows: 19 602.11113 Bailiffs employed as court attendants. 20 Persons who were employed as bailiffs and who 21 were performing services for the court, other than 22 law enforcement services, immediately prior to July 23 1, 1983, shall be employed by the district court 24 administrators as court attendants under section 25 602.6601 on July 1, 1983. 26 Sec. 38. Section 714.23, subsection 4A, paragraph 27 a, if enacted by 2015 Iowa Acts, Senate File 501, 28 section 2, or 2015 Iowa Acts, House File 663, section 29 2, is amended to read as follows: 30 a. A student who does not receive a tuition refund 31 up to the full refund of tuition charges due to the 32 effect of an interstate reciprocity agreement under 33 section 261G.4, subsection 1, may apply to the attorney 34 general for a refund in a sum that represents the 35 difference between any tuition refund received from the 36 school and the full refund of tuition charges. For 37 purposes of this subsection, “full refund of tuition 38 charges” means the monetary sum of the refund for 39 which the student would be eligible pursuant to the 40 application of this section. 41 Sec. 39. Section 902.1, subsection 2, paragraph 42 a, unnumbered paragraph 1, as enacted by 2015 Iowa 43 Acts, Senate File 448, section 1, is amended to read 44 as follows: 45 Notwithstanding subsection 1 , a defendant convicted 46 of murder in the first degree in violation of section 47 707.2 , and who was under the age of eighteen at the 48 time the offense was committed shall receive one of the 49 following sentences: 50 -14- SF510.2065 (2) 86 tm/rn 14/ 31
Sec. 40. Section 916.1, subsection 1, as enacted by 1 2015 Iowa Acts, House File 496, section 1, is amended 2 to read as follows: 3 1. “Confidential communication” means confidential 4 information shared between a victim and a military 5 victim advocate within the advocacy relationship, and 6 includes all information received by the advocate 7 and any advice, report, or working paper given to 8 or prepared by the advocate in the course of the 9 advocacy relationship with the victim. “Confidential 10 information” is confidential information which, so 11 far as the victim is aware, is not disclosed to a 12 third party with the exception of a person present 13 in the consultation for the purpose of furthering the 14 interest of the victim, a person to whom disclosure 15 is reasonably necessary for the transmission of the 16 information, or a person with whom disclosure is 17 necessary for accomplishment of the purpose for which 18 the advocate is consulted by the victim. 19 Sec. 41. APPLICABILITY. The section of this 20 division of this Act amending section 279.10, 21 subsection 1, applies retroactively to April 10, 2015. 22 Sec. 42. APPLICABILITY. The section of this 23 division of this Act amending section 902.1, subsection 24 2, paragraph “a”, unnumbered paragraph 1, applies 25 retroactively to the effective date of 2015 Iowa Acts, 26 Senate File 448. 27 DIVISION V 28 CONTROLLED SUBSTANCES 29 Sec. 43. Section 124.101, Code 2015, is amended by 30 adding the following new subsection: 31 NEW SUBSECTION . 15A. “Imitation controlled 32 substance” means a substance which is not a controlled 33 substance but which by color, shape, size, markings, 34 and other aspects of dosage unit appearance, and 35 packaging or other factors, appears to be or resembles 36 a controlled substance. The board of pharmacy may 37 designate a substance as an imitation controlled 38 substance pursuant to the board’s rulemaking authority 39 and in accordance with chapter 17A. “Imitation 40 controlled substance” also means any substance 41 determined to be an imitation controlled substance 42 pursuant to section 124.101B. 43 Sec. 44. NEW SECTION . 124.101B Factors indicating 44 an imitation controlled substance. 45 If a substance has not been designated as an 46 imitation controlled substance by the board of pharmacy 47 and if dosage unit appearance alone does not establish 48 that a substance is an imitation controlled substance, 49 the following factors may be considered in determining 50 -15- SF510.2065 (2) 86 tm/rn 15/ 31
whether the substance is an imitation controlled 1 substance: 2 1. The person in control of the substance expressly 3 or impliedly represents that the substance has the 4 effect of a controlled substance. 5 2. The person in control of the substance expressly 6 or impliedly represents that the substance because 7 of its nature or appearance can be sold or delivered 8 as a controlled substance or as a substitute for a 9 controlled substance. 10 3. The person in control of the substance either 11 demands or receives money or other property having a 12 value substantially greater than the actual value of 13 the substance as consideration for delivery of the 14 substance. 15 Sec. 45. Section 124.201, subsection 4, Code 2015, 16 is amended to read as follows: 17 4. If any new substance is designated as a 18 controlled substance under federal law and notice of 19 the designation is given to the board, the board shall 20 similarly designate as controlled the new substance 21 under this chapter after the expiration of thirty days 22 from publication in the federal register of a final 23 order designating a new substance as a controlled 24 substance, unless within that thirty-day period the 25 board objects to the new designation. In that case 26 the board shall publish the reasons for objection and 27 afford all interested parties an opportunity to be 28 heard. At the conclusion of the hearing the board 29 shall announce its decision. Upon publication of 30 objection to a new substance being designated as a 31 controlled substance under this chapter by the board, 32 control under this chapter is stayed until the board 33 publishes its decision. If a substance is designated 34 as controlled by the board under this subsection the 35 control shall be considered a temporary and if, within 36 sixty days after the next regular session of the 37 general assembly convenes, the general assembly has not 38 made the corresponding changes in this chapter , the 39 temporary designation of control of the substance by 40 the board shall be nullified amendment to the schedules 41 of controlled substances in this chapter . If the 42 board so designates a substance as controlled, which 43 is considered a temporary amendment to the schedules 44 of controlled substances in this chapter, and if 45 the general assembly does not amend this chapter to 46 enact the temporary amendment and make the enactment 47 effective within two years from the date the temporary 48 amendment first became effective, the temporary 49 amendment is repealed by operation of law two years 50 -16- SF510.2065 (2) 86 tm/rn 16/ 31
from the effective date of the temporary amendment. A 1 temporary amendment repealed by operation of law is 2 subject to section 4.13 relating to the construction 3 of statutes and the application of a general savings 4 provision. 5 Sec. 46. Section 124.204, subsection 4, paragraph 6 ai, subparagraphs (3), (4), and (5), Code 2015, are 7 amended by striking the subparagraphs. 8 Sec. 47. Section 124.204, subsection 4, paragraph 9 aj, Code 2015, is amended by striking the paragraph and 10 inserting in lieu thereof the following: 11 aj. 5-methoxy-N,N-dimethyltryptamine. 12 Some trade or other names: 13 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT. 14 Sec. 48. Section 124.204, subsection 4, paragraph 15 ak, Code 2015, is amended by striking the paragraph and 16 inserting in lieu thereof the following: 17 ak. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine 18 (2C-E). 19 Sec. 49. Section 124.204, subsection 4, Code 2015, 20 is amended by adding the following new paragraphs: 21 NEW PARAGRAPH . al. 2-(2,5-Dimethoxy-4- 22 methylphenyl)ethanamine (2C-D). 23 NEW PARAGRAPH . am. 2-(4-Chloro-2,5- 24 dimethoxyphenyl)ethanamine (2C-C). 25 NEW PARAGRAPH . an. 2-(4-Iodo-2,5- 26 dimethoxyphenyl)ethanamine (2C-I). 27 NEW PARAGRAPH . ao. 2-[4-(Ethylthio)-2,5- 28 dimethoxyphenyl]ethanamine (2C-T-2). 29 NEW PARAGRAPH . ap. 2-[4-(Isopropylthio)-2,5- 30 dimethoxyphenyl]ethanamine (2C-T-4). 31 NEW PARAGRAPH . aq. 2-(2,5-Dimethoxyphenyl) 32 ethanamine (2C-H). 33 NEW PARAGRAPH . ar. 2-(2,5-Dimethoxy-4- 34 nitrophenyl)ethanamine (2C-N). 35 NEW PARAGRAPH . as. 2-(2,5-Dimethoxy-4-(n)- 36 propylphenyl)ethanamine (2C-P). 37 Sec. 50. Section 124.204, subsection 6, paragraph 38 i, subparagraph (3), Code 2015, is amended by striking 39 the subparagraph and inserting in lieu thereof the 40 following: 41 (3) 3,4-Methylenedioxy-N-methylcathinone 42 (methylone). 43 Sec. 51. Section 124.204, subsection 6, paragraph 44 i, subparagraphs (18), (19), (20), (21), and (22), Code 45 2015, are amended by striking the subparagraphs and 46 inserting in lieu thereof the following: 47 (18) 4-methyl-N-ethylcathinone. Other names: 48 4-MEC, 2-(ethylamino)-1-(4-methylphenyl)propan-1-one. 49 (19) 4-methyl-alpha6 pyrrolidinopropiophenone. 50 -17- SF510.2065 (2) 86 tm/rn 17/ 31
Other names: 4-MePPP, MePPP, 1 4-methyl-[alpha]-pyrrolidinopropiophenone, 8 2 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one. 3 (20) Pentedrone. Other names: 4 [alpha]-methylaminovalerophenone, 5 2-(methylamino)-1-phenylpentan-1-one. 6 (21) Pentylone. Other names: bk-MBDP, 7 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. 8 (22) Alpha-pyrrolidinobutiophenone. Other names: 9 [alpha]-PBP, 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one. 10 Sec. 52. Section 124.204, subsection 6, paragraph 11 i, subparagraphs (23), (24), (25), and (26), Code 2015, 12 are amended by striking the subparagraphs. 13 Sec. 53. Section 124.204, subsection 9, Code 2015, 14 is amended by adding the following new paragraphs: 15 NEW PARAGRAPH . 0a. HU-210. 16 [(6aR,10aR)-9-(hydroxymethyl)- 17 6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a- 18 tetrahydrobenzo[c] chromen-1-ol)]. 19 NEW PARAGRAPH . 00a. HU-211(dexanabinol, 20 (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- 21 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 22 chromen-1-ol). 23 NEW PARAGRAPH . 000a. Unless specifically exempted 24 or unless listed in another schedule, any material, 25 compound, mixture, or preparation which contains any 26 quantity of cannabimimetic agents, or which contains 27 their salts, isomers, and salts of isomers whenever the 28 existence of such salts, isomers, and salts of isomers 29 is possible within the specific chemical designation. 30 (1) The term “cannabimimetic agents” means any 31 substance that is a cannabinoid receptor type 1 (CB1 32 receptor) agonist as demonstrated by binding studies 33 and functional assays within any of the following 34 structural classes: 35 (a) 2-(3-hydroxycyclohexyl)phenol with substitution 36 at the 5-position of the phenolic ring by alkyl or 37 alkenyl, whether or not substituted on the cyclohexyl 38 ring to any extent. 39 (b) 3-(1-naphthoyl)indole or 40 3-(1-naphthylmethane)indole by substitution at the 41 nitrogen atom of the indole ring, whether or not 42 further substituted on the indole ring to any extent, 43 whether or not substituted on the naphthoyl or naphthyl 44 ring to any extent. 45 (c) 3-(1-naphthoyl)pyrrole by substitution at the 46 nitrogen atom of the pyrrole ring, whether or not 47 further substituted in the pyrrole ring to any extent, 48 whether or not substituted on the naphthoyl ring to any 49 extent. 50 -18- SF510.2065 (2) 86 tm/rn 18/ 31
(d) 1-(1-naphthylmethylene)indene by substitution 1 of the 3-position of the indene ring, whether or not 2 further substituted in the indene ring to any extent, 3 whether or not substituted on the naphthyl ring to any 4 extent. 5 (e) 3-phenylacetylindole or 3-benzoylindole by 6 substitution at the nitrogen atom of the indole ring, 7 whether or not further substituted in the indole ring 8 to any extent, whether or not substituted on the phenyl 9 ring to any extent. 10 (2) Such terms include: 11 (a) CP 47,497 and homologues 12 5-(1,1-dimethylheptyl)-2- 13 [(1R,3S)-3-hydroxycyclohexl]phenol. 14 (b) JWH-018 and AM678 15 1-Pentyl-3-(1-naphthoyl)indole. 16 (c) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 17 (d) JWH-200[1-[2-(4-morpholinyl)ethyl]-1H- 18 indol-3-yl]-1-naphthalenyl-methanone. 19 (e) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 20 (f) JWH-81 21 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 22 (g) JWH-122 23 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 24 (h) JWH-250 25 1-pentyl-3-(2-methoxyphenylacetyl)indole. 26 (i) RCS-4 and SR-19 27 1-pentyl-3-[(4methoxy)-benzoyl]indole. 28 (j) RCS-8 and SR 18 1-cyclohexylethyl-3- 29 (2-methoxyphenylacetyl)indole. 30 (k) AM2201 31 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 32 (l) JWH-203 33 1-pentyl-3-(2-chlorophenylacetyl)indole. 34 (m) JWH-398 35 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 36 (n) AM694 37 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 38 (o) Cannabicyclohexanol or CP-47,497 C8-homolog 5- 39 (1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 40 NEW 41 PARAGRAPH . 0d. N-(1-amino-3-methyl-1-oxobutan-2- 42 yl)-1-(4- fluorobenzyl)-1H-indazole-3-carboxamide. 43 Other names: AB-FUBINACA. 44 NEW PARAGRAPH . 00d. N-(1-amino- 45 3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl- 46 1 H-indazole-3-carboxamide. Other names: ADB-PINACA. 47 NEW PARAGRAPH . 000d. Quinolin-8-yl 48 1-pentyl-lH-indole-3-carboxylate. 49 Other names: PB-22, QUPIC. 50 -19- SF510.2065 (2) 86 tm/rn 19/ 31
NEW PARAGRAPH . 0000d. Quinolin-8-yl 1 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Other 2 names: 5-fluoro-PB-22, 5F-PB-22. 3 NEW 4 PARAGRAPH . 00000d. N-(1-amino-3-methyl-1-oxobutan- 5 2-yl)-1-pentyl-1H-indazole-3-carboxamide. Other names: 6 AB-PINACA. 7 NEW 8 PARAGRAPH . 000000d. N-(1-amino-3-methyl-1-oxobutan- 9 2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide. 10 Other names: AB-CHMINACA. 11 NEW 12 PARAGRAPH . 0000000d. [1-(5-fluoropentyl)-1H-indazol- 13 3-yl](naphthalen-1-yl)methanone. Other names: 14 THJ-2201. 15 Sec. 54. Section 124.208, subsection 5, paragraph 16 a, subparagraphs (3) and (4), Code 2015, are amended by 17 striking the subparagraphs. 18 Sec. 55. Section 124.210, subsection 2, Code 2015, 19 is amended by adding the following new paragraph: 20 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 21 (3-methoxyphenyl)cyclohexanol, its salts, optical 22 and geometric isomers, and salts of these isomers 23 (including tramadol). 24 Sec. 56. Section 124.210, subsection 3, Code 2015, 25 is amended by adding the following new paragraphs: 26 NEW PARAGRAPH . bb. Alfaxalone. 27 NEW PARAGRAPH . bc. Suvorexant. 28 Sec. 57. Section 124.401, subsection 1, unnumbered 29 paragraph 1, Code 2015, is amended to read as follows: 30 Except as authorized by this chapter , it is unlawful 31 for any person to manufacture, deliver, or possess with 32 the intent to manufacture or deliver, a controlled 33 substance, a counterfeit substance, or a simulated 34 controlled substance , or an imitation controlled 35 substance , or to act with, enter into a common scheme 36 or design with, or conspire with one or more other 37 persons to manufacture, deliver, or possess with 38 the intent to manufacture or deliver a controlled 39 substance, a counterfeit substance, or a simulated 40 controlled substance , or an imitation controlled 41 substance . 42 Sec. 58. Section 124.401, subsection 1, paragraph 43 a, unnumbered paragraph 1, Code 2015, is amended to 44 read as follows: 45 Violation of this subsection , with respect to 46 the following controlled substances, counterfeit 47 substances, or simulated controlled substances , or 48 imitation controlled substances, is a class “B” felony, 49 and notwithstanding section 902.9, subsection 1, 50 -20- SF510.2065 (2) 86 tm/rn 20/ 31
paragraph “b” , shall be punished by confinement for no 1 more than fifty years and a fine of not more than one 2 million dollars: 3 Sec. 59. Section 124.401, subsection 1, paragraph 4 a, Code 2015, is amended by adding the following new 5 subparagraph: 6 NEW SUBPARAGRAPH . (8) More than ten kilograms of a 7 mixture or substance containing any detectable amount 8 of those substances identified in section 124.204, 9 subsection 9. 10 Sec. 60. Section 124.401, subsection 1, paragraph 11 b, unnumbered paragraph 1, Code 2015, is amended to 12 read as follows: 13 Violation of this subsection with respect to 14 the following controlled substances, counterfeit 15 substances, or simulated controlled substances , or 16 imitation controlled substances is a class “B” felony, 17 and in addition to the provisions of section 902.9, 18 subsection 1, paragraph “b” , shall be punished by a 19 fine of not less than five thousand dollars nor more 20 than one hundred thousand dollars: 21 Sec. 61. Section 124.401, subsection 1, paragraph 22 b, Code 2015, is amended by adding the following new 23 subparagraph: 24 NEW SUBPARAGRAPH . (9) More than five kilograms but 25 not more than ten kilograms of a mixture or substance 26 containing any detectable amount of those substances 27 identified in section 124.204, subsection 9. 28 Sec. 62. Section 124.401, subsection 1, paragraph 29 c, unnumbered paragraph 1, Code 2015, is amended to 30 read as follows: 31 Violation of this subsection with respect to 32 the following controlled substances, counterfeit 33 substances, or simulated controlled substances , or 34 imitation controlled substances is a class “C” felony, 35 and in addition to the provisions of section 902.9, 36 subsection 1, paragraph “d” , shall be punished by a 37 fine of not less than one thousand dollars nor more 38 than fifty thousand dollars: 39 Sec. 63. Section 124.401, subsection 1, paragraph 40 c, Code 2015, is amended by adding the following new 41 subparagraph: 42 NEW SUBPARAGRAPH . (8) Five kilograms or less of a 43 mixture or substance containing any detectable amount 44 of those substances identified in section 124.204, 45 subsection 9. 46 Sec. 64. Section 124.401, subsection 1, paragraph 47 c, subparagraph (8), Code 2015, is amended to read as 48 follows: 49 (8) (9) Any other controlled substance, 50 -21- SF510.2065 (2) 86 tm/rn 21/ 31
counterfeit substance, or simulated controlled 1 substance , or imitation substance classified in 2 schedule I, II, or III, except as provided in paragraph 3 “d” . 4 Sec. 65. Section 124.401, subsection 1, paragraph 5 d, Code 2015, is amended to read as follows: 6 d. Violation of this subsection , with respect 7 to any other controlled substances, counterfeit 8 substances, or simulated controlled substances 9 classified in section 124.204, subsection 4, paragraph 10 “ai” , or section 124.204, subsection 6 , paragraph “i” , 11 or , or imitation controlled substances classified 12 in schedule IV or V is an aggravated misdemeanor. 13 However, violation of this subsection involving 14 fifty kilograms or less of marijuana or involving 15 flunitrazepam is a class “D” felony. 16 Sec. 66. Section 124.401, subsection 2, Code 2015, 17 is amended to read as follows: 18 2. If the same person commits two or more acts 19 which are in violation of subsection 1 and the acts 20 occur in approximately the same location or time 21 period so that the acts can be attributed to a single 22 scheme, plan, or conspiracy, the acts may be considered 23 a single violation and the weight of the controlled 24 substances, counterfeit substances, or simulated 25 controlled substances , or imitation controlled 26 substances involved may be combined for purposes of 27 charging the offender. 28 Sec. 67. Section 124.401, subsection 5, unnumbered 29 paragraph 1, Code 2015, is amended to read as follows: 30 It is unlawful for any person knowingly or 31 intentionally to possess a controlled substance unless 32 such substance was obtained directly from, or pursuant 33 to, a valid prescription or order of a practitioner 34 while acting in the course of the practitioner’s 35 professional practice, or except as otherwise 36 authorized by this chapter . Any person who violates 37 this subsection is guilty of a serious misdemeanor for 38 a first offense. A person who commits a violation of 39 this subsection and who has previously been convicted 40 of violating this chapter or chapter 124A , 124B , or 41 453B , or chapter 124A as it existed prior to July 42 1, 2015, is guilty of an aggravated misdemeanor. A 43 person who commits a violation of this subsection and 44 has previously been convicted two or more times of 45 violating this chapter or chapter 124A , 124B , or 453B 46 is guilty of a class “D” felony. 47 Sec. 68. Section 124.401A, Code 2015, is amended to 48 read as follows: 49 124.401A Enhanced penalty for manufacture or 50 -22- SF510.2065 (2) 86 tm/rn 22/ 31
distribution to persons on certain real property. 1 In addition to any other penalties provided in 2 this chapter , a person who is eighteen years of age 3 or older who unlawfully manufactures with intent to 4 distribute, distributes, or possesses with intent to 5 distribute a substance or counterfeit substance listed 6 in schedule I, II, or III, or a simulated or imitation 7 controlled substance represented to be a controlled 8 substance classified in schedule I, II, or III, to 9 another person who is eighteen years of age or older in 10 or on, or within one thousand feet of the real property 11 comprising a public or private elementary or secondary 12 school, public park, public swimming pool, public 13 recreation center, or on a marked school bus, may be 14 sentenced up to an additional term of confinement of 15 five years. 16 Sec. 69. Section 124.401B, Code 2015, is amended to 17 read as follows: 18 124.401B Possession of controlled substances on 19 certain real property —— additional penalty. 20 In addition to any other penalties provided in this 21 chapter or another chapter, a person who unlawfully 22 possesses a substance listed in schedule I, II, or 23 III, or a simulated or imitation controlled substance 24 represented to be a controlled substance classified 25 in schedule I, II, or III, in or on, or within one 26 thousand feet of the real property comprising a public 27 or private elementary or secondary school, public park, 28 public swimming pool, public recreation center, or on 29 a marked school bus, may be sentenced to one hundred 30 hours of community service work for a public agency 31 or a nonprofit charitable organization. The court 32 shall provide the offender with a written statement of 33 the terms and monitoring provisions of the community 34 service. 35 Sec. 70. Section 124.406, subsection 2, Code 2015, 36 is amended to read as follows: 37 2. A person who is eighteen years of age or older 38 who: 39 a. Unlawfully distributes or possesses with the 40 intent to distribute a counterfeit substance listed 41 in schedule I or II, or a simulated or imitation 42 controlled substance represented to be a substance 43 classified in schedule I or II, to a person under 44 eighteen years of age commits a class “B” felony. 45 However, if the substance was distributed in or on, 46 or within one thousand feet of, the real property 47 comprising a public or private elementary or secondary 48 school, public park, public swimming pool, public 49 recreation center, or on a marked school bus, the 50 -23- SF510.2065 (2) 86 tm/rn 23/ 31
person shall serve a minimum term of confinement of ten 1 years. 2 b. Unlawfully distributes or possesses with intent 3 to distribute a counterfeit substance listed in 4 schedule III, or a simulated or imitation controlled 5 substance represented to be any substance listed in 6 schedule III, to a person under eighteen years of age 7 who is at least three years younger than the violator 8 commits a class “C” felony. 9 c. Unlawfully distributes a counterfeit substance 10 listed in schedule IV or V, or a simulated or imitation 11 controlled substance represented to be a substance 12 listed in schedule IV or V, to a person under eighteen 13 years of age who is at least three years younger than 14 the violator commits an aggravated misdemeanor. 15 Sec. 71. Section 124.415, Code 2015, is amended to 16 read as follows: 17 124.415 Parental and school notification —— persons 18 under eighteen years of age. 19 A peace officer shall make a reasonable effort to 20 identify a person under the age of eighteen discovered 21 to be in possession of a controlled substance, 22 counterfeit substance, or simulated controlled 23 substance , or imitation controlled substance in 24 violation of this chapter , and if the person is not 25 referred to juvenile court, the law enforcement agency 26 of which the peace officer is an employee shall make 27 a reasonable attempt to notify the person’s custodial 28 parent or legal guardian of such possession, whether 29 or not the person is arrested, unless the officer has 30 reasonable grounds to believe that such notification 31 is not in the best interests of the person or will 32 endanger that person. If the person is taken into 33 custody, the peace officer shall notify a juvenile 34 court officer who shall make a reasonable effort to 35 identify the elementary or secondary school the person 36 attends, if any, and to notify the superintendent of 37 the school district, the superintendent’s designee, 38 or the authorities in charge of the nonpublic school 39 of the taking into custody. A reasonable attempt to 40 notify the person includes but is not limited to a 41 telephone call or notice by first-class mail. 42 Sec. 72. NEW SECTION . 124.417 Imitation controlled 43 substances —— exceptions. 44 It is not unlawful under this chapter for a person 45 registered under section 124.302, to manufacture, 46 deliver, or possess with the intent to manufacture or 47 deliver, or to act with, one or more other persons 48 to manufacture, deliver, or possess with the intent 49 to manufacture or deliver an imitation controlled 50 -24- SF510.2065 (2) 86 tm/rn 24/ 31
substance for use as a placebo by a registered 1 practitioner in the course of professional practice or 2 research. 3 Sec. 73. Section 124.502, subsection 1, paragraph 4 a, Code 2015, is amended to read as follows: 5 a. A district judge or district associate judge, 6 within the court’s jurisdiction, and upon proper 7 oath or affirmation showing probable cause, may issue 8 warrants for the purpose of conducting administrative 9 inspections under this chapter or a related rule 10 or under chapter 124A . The warrant may also permit 11 seizures of property appropriate to the inspections. 12 For purposes of the issuance of administrative 13 inspection warrants, probable cause exists upon showing 14 a valid public interest in the effective enforcement 15 of the statute or related rules, sufficient to justify 16 administrative inspection of the area, premises, 17 building , or conveyance in the circumstances specified 18 in the application for the warrant. 19 Sec. 74. Section 155A.6, subsection 3, Code 2015, 20 is amended to read as follows: 21 3. The board shall establish standards for 22 pharmacist-intern registration and may deny, suspend, 23 or revoke a pharmacist-intern registration for failure 24 to meet the standards or for any violation of the laws 25 of this state, another state, or the United States 26 relating to prescription drugs, controlled substances, 27 or nonprescription drugs, or for any violation of this 28 chapter or chapter 124 , 124A , 124B , 126 , 147 , or 205 , 29 or any rule of the board. 30 Sec. 75. Section 155A.6A, subsection 5, Code 2015, 31 is amended to read as follows: 32 5. The board may deny, suspend, or revoke the 33 registration of, or otherwise discipline, a registered 34 pharmacy technician for any violation of the laws 35 of this state, another state, or the United States 36 relating to prescription drugs, controlled substances, 37 or nonprescription drugs, or for any violation of this 38 chapter or chapter 124 , 124A , 124B , 126 , 147 , 205 , or 39 272C , or any rule of the board. 40 Sec. 76. Section 155A.6B, subsection 5, Code 2015, 41 is amended to read as follows: 42 5. The board may deny, suspend, or revoke the 43 registration of a pharmacy support person or otherwise 44 discipline the pharmacy support person for any 45 violation of the laws of this state, another state, 46 or the United States relating to prescription drugs, 47 controlled substances, or nonprescription drugs, or for 48 any violation of this chapter or chapter 124 , 124A , 49 124B , 126 , 147 , 205 , or 272C , or any rule of the board. 50 -25- SF510.2065 (2) 86 tm/rn 25/ 31
Sec. 77. Section 155A.13A, subsection 3, Code 2015, 1 is amended to read as follows: 2 3. Discipline. The board may deny, suspend, or 3 revoke a nonresident pharmacy license for any violation 4 of this section , section 155A.15, subsection 2 , 5 paragraph “a” , “b” , “d” , “e” , “f” , “g” , “h” , or “i” , 6 chapter 124 , 124A , 124B , 126 , or 205 , or a rule of the 7 board. 8 Sec. 78. Section 155A.17, subsection 2, Code 2015, 9 is amended to read as follows: 10 2. The board shall establish standards for drug 11 wholesaler licensure and may define specific types of 12 wholesaler licenses. The board may deny, suspend, or 13 revoke a drug wholesale license for failure to meet the 14 applicable standards or for a violation of the laws 15 of this state, another state, or the United States 16 relating to prescription drugs, devices, or controlled 17 substances, or for a violation of this chapter , chapter 18 124 , 124A , 124B , 126 , or 205 , or a rule of the board. 19 Sec. 79. Section 155A.42, subsection 4, Code 2015, 20 is amended to read as follows: 21 4. The board may deny, suspend, or revoke a limited 22 drug and device distributor’s license for failure to 23 meet the applicable standards or for a violation of 24 the laws of this state, another state, or the United 25 States relating to prescription drugs or controlled 26 substances, or for a violation of this chapter , chapter 27 124 , 124A , 124B , 126 , 205 , or 272C , or a rule of the 28 board. 29 Sec. 80. REPEAL. Chapter 124A, Code 2015, is 30 repealed. 31 DIVISION VI 32 ASSET VERIFICATION SYSTEM —— MEDICAID 33 Sec. 81. MEDICAID PROGRAM —— ASSET, INCOME, AND 34 IDENTITY VERIFICATION. The department of human 35 services shall issue a request for proposals to 36 contract with a third-party vendor to establish an 37 electronic asset, income, and identity eligibility 38 verification system for the purposes of compliance 39 with 42 U.S.C. §1396w requiring determination or 40 redetermination of the eligibility of an individual who 41 is an applicant for or recipient of medical assistance 42 under the Medicaid state plan on the basis of being 43 aged, blind, or disabled in accordance with 42 U.S.C. 44 §1396w. The third-party vendor selected shall be able 45 to demonstrate in writing its current relationships or 46 contracts with financial institutions in the state and 47 nationally. Participation by financial institutions in 48 providing account balances for asset verification shall 49 remain voluntary. 50 -26- SF510.2065 (2) 86 tm/rn 26/ 31
Sec. 82. EFFECTIVE UPON ENACTMENT. This division 1 of this Act, being deemed of immediate importance, 2 takes effect upon enactment. 3 DIVISION VII 4 DEPARTMENT OF MANAGEMENT —— DUTIES 5 Sec. 83. Section 8.6, subsections 12 and 13, Code 6 2015, are amended by striking the subsections. 7 Sec. 84. Section 8A.111, Code 2015, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 11. An annual report on the 10 administration and promotion of equal opportunity in 11 state contracts and services under section 19B.7. 12 Sec. 85. Section 19B.6, Code 2015, is amended to 13 read as follows: 14 19B.6 Responsibilities of department of 15 administrative services and department of management —— 16 affirmative action. 17 The department of administrative services shall 18 oversee the implementation of sections 19B.1 through 19 19B.5 and shall work with the governor to ensure 20 compliance with those sections, including the 21 attainment of affirmative action goals and timetables, 22 by all state agencies, excluding the state board 23 of regents and its institutions. The department of 24 management shall oversee the implementation of sections 25 19B.1 through 19B.5 and shall work with the governor to 26 ensure compliance with those sections, including the 27 attainment of affirmative action goals and timetables, 28 by the state board of regents and its institutions. 29 Sec. 86. Section 19B.7, subsection 1, unnumbered 30 paragraph 1, Code 2015, is amended to read as follows: 31 Except as otherwise provided in subsection 2 , the 32 department of management administrative services is 33 responsible for the administration and promotion of 34 equal opportunity in all state contracts and services 35 and the prohibition of discriminatory and unfair 36 practices within any program receiving or benefiting 37 from state financial assistance in whole or in part. 38 In carrying out these responsibilities the department 39 of management administrative services shall: 40 Sec. 87. Section 19B.8, Code 2015, is amended to 41 read as follows: 42 19B.8 Sanctions. 43 The department of management administrative services 44 may impose appropriate sanctions on individual state 45 agencies, including the state board of regents and 46 its institutions, and upon a community college, area 47 education agency, or school district, in order to 48 ensure compliance with state programs emphasizing 49 equal opportunity through affirmative action, contract 50 -27- SF510.2065 (2) 86 tm/rn 27/ 31
compliance policies, and requirements for procurement 1 goals for targeted small businesses. 2 DIVISION VIII 3 ANIMAL TRUCK WASH FACILITIES 4 Sec. 88. Section 459A.105, subsection 2, paragraph 5 b, as enacted by 2015 Iowa Acts, House File 583, 6 section 10, is amended to read as follows: 7 b. (1) The requirements of section 459A.205 , 8 including rules adopted by the commission pursuant 9 to that section shall apply to a small animal truck 10 wash facility only to the extent required by section 11 459A.205, subsection 4A . 12 (2) The requirements of sections section 459A.404 , 13 and including rules adopted by the commission pursuant 14 to that section, shall apply to a small animal truck 15 wash facility. However, 459A.404, subsection 1, shall 16 only apply to a small animal truck wash facility as 17 provided in that subsection. 18 (3) The requirements of section 459A.410 , including 19 rules adopted by the commission under those provisions 20 that section , shall apply to a small animal truck wash 21 facility. 22 Sec. 89. Section 459A.404, subsection 1, as enacted 23 by 2015 Iowa Acts, House File 583, section 41, is 24 amended by adding the following new paragraph: 25 NEW PARAGRAPH . 0e. Paragraph “a” or “b” does not 26 apply to a small animal truck wash facility. 27 DIVISION IX 28 COUNTY COURTHOUSES 29 Sec. 90. Section 602.6105, subsection 2, Code 2015, 30 is amended to read as follows: 31 2. In any county having two county seats, 32 court shall be held at each , and, in the county of 33 Pottawattamie, court shall be held at Avoca, as well as 34 at the county seat. 35 Sec. 91. REPEAL. 1884 Iowa Acts, chapter 198, is 36 repealed. 37 DIVISION X 38 IOWA EDUCATION SAVINGS PLAN TRUST 39 Sec. 92. Section 422.7, subsection 32, paragraph a, 40 Code 2015, is amended to read as follows: 41 a. Subtract the maximum contribution that may be 42 deducted for Iowa income tax purposes as a participant 43 in the Iowa educational savings plan trust pursuant 44 to section 12D.3, subsection 1 , paragraph “a” . For 45 purposes of this paragraph, a participant who makes 46 a contribution on or before the date prescribed in 47 section 422.21 for making and filing an individual 48 income tax return, excluding extensions, may elect to 49 be deemed to have made the contribution on the last 50 -28- SF510.2065 (2) 86 tm/rn 28/ 31
day of the preceding calendar year. The director, 1 after consultation with the treasurer of state, shall 2 prescribe by rule the manner and method by which a 3 participant may make an election authorized by the 4 preceding sentence. 5 Sec. 93. RETROACTIVE APPLICABILITY. This division 6 of this Act applies retroactively to January 1, 2015, 7 for tax years beginning on or after that date. 8 DIVISION XI 9 TECHNOLOGY REINVESTMENT FUND 10 Sec. 94. TECHNOLOGY REINVESTMENT FUND —— 11 APPROPRIATIONS. There is appropriated from the 12 technology reinvestment fund created in section 8.57C 13 to the following entities for the fiscal year beginning 14 July 1, 2015, and ending June 30, 2016, the following 15 amounts, or so much thereof as is necessary, to be used 16 for the purposes designated: 17 1. OFFICE OF CHIEF INFORMATION OFFICER 18 a. For the updating and upgrading capabilities of 19 aging voter registration systems and business services 20 data systems to meet current and future expectations of 21 open and transparent elections: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 450,000 23 b. For data processing services to support voter 24 registration file maintenance and storage: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,000 26 2. DEPARTMENT OF EDUCATION 27 a. For the continued development and implementation 28 of an educational data warehouse that will be utilized 29 by teachers, parents, school district administrators, 30 area education agency staff, department of education 31 staff, and policymakers: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 33 The department may use a portion of the moneys 34 appropriated in this lettered paragraph for an 35 e-transcript data system capable of tracking students 36 throughout their education via interconnectivity with 37 multiple schools. 38 b. For maintenance and lease costs associated with 39 connections for part III of the Iowa communications 40 network: 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,727,000 42 3. IOWA TELECOMMUNICATIONS AND TECHNOLOGY 43 COMMISSION 44 For replacement of equipment for the Iowa 45 communications network: 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,248,653 47 The commission may continue to enter into contracts 48 pursuant to section 8D.13 for the replacement of 49 equipment and for operations and maintenance costs of 50 -29- SF510.2065 (2) 86 tm/rn 29/ 31
the network. 1 In addition to moneys appropriated in this 2 subsection, the commission may use a financing 3 agreement entered into by the treasurer of state in 4 accordance with section 12.28 for the replacement 5 of equipment for the network. For purposes of this 6 subsection, the treasurer of state is not subject to 7 the maximum principal limitation contained in section 8 12.28, subsection 6. Repayment of any amounts financed 9 shall be made from receipts associated with fees 10 charged for use of the network. 11 4. DEPARTMENT OF HUMAN RIGHTS 12 For the costs associated with the justice enterprise 13 data warehouse: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 159,474 15 5. DEPARTMENT OF MANAGEMENT 16 a. For the continued development and implementation 17 of a searchable database that can be placed on the 18 internet for budget and financial information: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,000 20 b. For completion of the comprehensive electronic 21 grant management system: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 23 6. DEPARTMENT OF PUBLIC HEALTH 24 a. For the costs associated with the review of all 25 department of public health databases applications and 26 systems in use to identify efficiencies: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 28 b. For acquisition of software relating to 29 the licensure and regulation of the practice of 30 polysomnography: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,000 32 7. DEPARTMENT OF PUBLIC SAFETY 33 For the provision of a statewide public safety 34 radio network and the purchase of compatible radio 35 communications equipment with the goal of achieving 36 compliance with the federal communications commission’s 37 narrowband mandate deadline, and for achieving 38 interoperability, as defined in section 80.28: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,874,000 40 8. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 41 MANAGEMENT 42 For the implementation of a statewide mass 43 notification and emergency messaging system: 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 45 Sec. 95. REVERSION. For purposes of section 8.33, 46 unless specifically provided otherwise, unencumbered 47 or unobligated moneys made from an appropriation in 48 this division of this Act shall not revert but shall 49 remain available for expenditure for the purposes 50 -30- SF510.2065 (2) 86 tm/rn 30/ 31
designated until the close of the fiscal year that ends 1 three years after the end of the fiscal year for which 2 the appropriation is made. However, if the project 3 or projects for which such appropriation was made are 4 completed in an earlier fiscal year, unencumbered or 5 unobligated moneys shall revert at the close of that 6 same fiscal year. 7 DIVISION XII 8 RADIO COMMUNICATIONS UPGRADE 9 Sec. 96. MORTGAGE SERVICING SETTLEMENT FUND —— 10 DEPARTMENT OF PUBLIC SAFETY. 11 1. There is transferred from the mortgage servicing 12 settlement fund created in 2012 Iowa Acts, chapter 13 1138, section 7, subsection 1, to the department 14 of public safety for the fiscal year beginning July 15 1, 2014, and ending June 30, 2015, the amount of 16 $626,000 for the provision of a statewide public safety 17 radio network and the purchase of compatible radio 18 communications equipment with the goal of achieving 19 compliance with the federal communications commission’s 20 narrowband mandate deadline, and for achieving 21 interoperability, as defined in section 80.28. 22 2. Notwithstanding section 8.33, moneys 23 appropriated in this section that remain unencumbered 24 or unobligated at the close of the fiscal year shall 25 not revert but shall remain available for expenditure 26 for the purposes designated until the close of the 27 succeeding fiscal year. 28 Sec. 97. EFFECTIVE UPON ENACTMENT. This division 29 of this Act, being deemed of immediate importance, 30 takes effect upon enactment. > 31 2. By renumbering as necessary. 32 ______________________________ COMMITTEE ON APPROPRIATIONS SODERBERG of Plymouth, Chairperson -31- SF510.2065 (2) 86 tm/rn 31/ 31 #2.