House
Amendment
to
Senate
File
510
S-3202
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
416,702
41
2.
For
payment
for
nonpublic
school
transportation
42
under
section
285.2
:
43
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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-
SF510.2109.H
(2)
86
md
1/
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#1.
tobacco
product
manufacturers
under
section
453D.8
:
1
.
.
.
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.
.
.
.
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.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
$
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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
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——
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
$
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
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86
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For
annual
membership
dues
for
organizations,
1
associations,
and
conferences
paid
by
an
executive
2
branch
department
or
agency:
3
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
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.
This
subsection
shall
not
13
apply
to
institutions
of
higher
learning
under
the
14
control
of
the
state
board
of
regents
or
to
the
state
15
board
of
regents.
16
Sec.
10.
IOWA
NEW
JOBS
TRAINING
AGREEMENTS.
An
17
Iowa
community
college
that
entered
into
a
new
jobs
18
training
agreement
pursuant
to
chapter
260E,
which
was
19
effective
in
April
2012,
with
an
Iowa
employer
may
20
enter
into
a
new
agreement
with
such
employer
pursuant
21
to
chapter
260E,
which
will
be
effective
September
22
2015,
and
may
use
the
base
employment
determined
in
23
April
2012
as
the
base
employment
for
determining
24
the
new
jobs
eligible
under
the
new
agreement
if
the
25
base
employment
determined
in
April
2012
was
2,125
26
employees.
The
new
agreement
under
chapter
260E
shall
27
be
limited
to
seven
years
from
the
effective
date
of
28
the
agreement.
29
Sec.
11.
Section
8.55,
subsection
2,
paragraph
a,
30
Code
2015,
is
amended
to
read
as
follows:
31
a.
The
first
sixty
ninety
million
dollars
of
the
32
difference
between
the
actual
net
revenue
for
the
33
general
fund
of
the
state
for
the
fiscal
year
and
the
34
adjusted
revenue
estimate
for
the
fiscal
year
shall
be
35
transferred
to
the
taxpayers
trust
fund.
36
Sec.
12.
Section
8A.311,
Code
2015,
is
amended
by
37
adding
the
following
new
subsection:
38
NEW
SUBSECTION
.
23.
Notwithstanding
sections
39
904.807
and
904.808,
the
director
of
the
department
of
40
administrative
services
shall
furnish
state
parks
with
41
equipment
deemed
necessary
by
the
department
of
natural
42
resources
and
the
director
of
the
department
of
natural
43
resources
under
a
competitive
bid
process
as
described
44
in
this
chapter.
45
Sec.
13.
Section
8D.4,
Code
2015,
is
amended
to
46
read
as
follows:
47
8D.4
Executive
director
appointed.
48
The
commission,
in
consultation
with
the
director
49
of
the
department
of
administrative
services
and
the
50
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86
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chief
information
officer,
shall
appoint
an
executive
1
director
of
the
commission,
subject
to
confirmation
2
by
the
senate.
Such
individual
shall
not
serve
as
3
a
member
of
the
commission.
The
executive
director
4
shall
serve
at
the
pleasure
of
the
commission.
The
5
executive
director
shall
be
selected
primarily
for
6
administrative
ability
and
knowledge
in
the
field,
7
without
regard
to
political
affiliation.
The
governor
8
shall
establish
the
salary
of
the
executive
director
9
within
the
applicable
salary
range
nine
as
established
10
by
the
general
assembly.
The
salary
and
support
of
the
11
executive
director
shall
be
paid
from
funds
deposited
12
in
the
Iowa
communications
network
fund.
13
Sec.
14.
NEW
SECTION
.
70A.40
Elective
public
14
officer
contact
information.
15
1.
Within
thirty
days
of
an
elective
public
officer
16
swearing
to
an
oath
of
office,
the
governmental
entity
17
the
officer
serves
shall
provide
the
officer
with
18
designated
contact
information
with
the
governmental
19
entity.
A
governmental
entity
that
maintains
an
20
internet
site
shall
cause
to
be
published
the
contact
21
information
for
each
of
the
entity’s
elective
public
22
officers
on
the
internet
site
maintained
by
the
entity.
23
An
elective
public
officer
shall
provide
additional
24
contact
information
that
would
normally
be
used
to
make
25
contact
with
the
officer
to
the
governmental
entity
to
26
be
published
as
provided
in
this
section
for
designated
27
contact
information.
28
2.
a.
For
the
purposes
of
this
section,
“contact
29
information”
means
a
telephone
number
and
an
electronic
30
mail
address.
31
b.
For
the
purposes
of
this
section,
“elective
32
public
officer”
or
“officer”
means
all
of
the
following:
33
(1)
Members
of
the
general
assembly.
34
(2)
Members
of
a
county
board
of
supervisors.
35
(3)
Members
of
a
city
council.
36
(4)
Members
of
a
board
of
directors
of
a
school
37
district.
38
Sec.
15.
Section
123.132,
subsection
3,
as
enacted
39
by
2015
Iowa
Acts,
Senate
File
456,
section
1,
is
40
amended
to
read
as
follows:
41
3.
A
container
of
beer
other
than
the
original
42
container
that
is
sold
and
sealed
in
compliance
with
43
the
requirements
of
subsection
2
and
the
division’s
44
rules
shall
not
be
deemed
an
open
container
subject
to
45
the
requirements
of
sections
321.284
and
321.284A
if
46
the
sealed
container
is
unopened
and
the
seal
has
not
47
been
tampered
with
,
and
the
contents
of
the
container
48
have
not
been
partially
removed
.
49
Sec.
16.
Section
256.7,
subsection
32,
paragraph
c,
50
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Code
2015,
is
amended
to
read
as
follows:
1
c.
Adopt
rules
that
limit
the
statewide
enrollment
2
of
pupils
in
educational
instruction
and
course
content
3
that
are
delivered
primarily
over
the
internet
to
4
not
more
than
eighteen
one-hundredths
of
one
percent
5
of
the
statewide
enrollment
of
all
pupils,
and
that
6
limit
the
number
of
pupils
participating
in
open
7
enrollment
for
purposes
of
receiving
educational
8
instruction
and
course
content
that
are
delivered
9
primarily
over
the
internet
to
no
more
than
one
percent
10
of
a
sending
district’s
enrollment.
Until
June
30,
11
2015,
students
Such
limitations
shall
not
apply
if
12
the
limitations
would
prevent
siblings
from
enrolling
13
in
the
same
school
district
or
if
a
sending
district
14
determines
that
the
educational
needs
of
a
physically
15
or
emotionally
fragile
student
would
be
best
served
16
by
educational
instruction
and
course
content
that
17
are
delivered
primarily
over
the
internet.
Students
18
who
meet
the
requirements
of
section
282.18
may
19
participate
in
open
enrollment
under
this
paragraph
“c”
20
for
purposes
of
enrolling
only
in
the
CAM
community
21
school
district
or
the
Clayton
Ridge
community
school
22
district.
23
(01)
The
department,
in
collaboration
with
the
24
international
association
for
K-12
online
learning,
25
shall
annually
collect
data
on
student
performance
in
26
educational
instruction
and
course
content
that
are
27
delivered
primarily
over
the
internet
pursuant
to
this
28
paragraph
“c”
.
The
department
shall
include
such
data
29
in
its
annual
report
to
the
general
assembly
pursuant
30
to
subparagraph
(3)
and
shall
post
the
data
on
the
31
department’s
internet
site.
32
(1)
School
districts
providing
educational
33
instruction
and
course
content
that
are
delivered
34
primarily
over
the
internet
pursuant
to
this
paragraph
35
“c”
shall
annually
submit
to
the
department,
in
the
36
manner
prescribed
by
the
department,
data
that
includes
37
but
is
not
limited
to
student
the
following:
38
(a)
Student
achievement
and
demographic
39
characteristics
,
retention
.
40
(b)
Retention
rates
,
and
the
.
41
(c)
The
percentage
of
enrolled
students’
active
42
participation
in
extracurricular
activities.
43
(d)
Academic
proficiency
levels,
consistent
with
44
requirements
applicable
to
all
school
districts
and
45
accredited
nonpublic
schools
in
this
state.
46
(e)
Academic
growth
measures,
which
shall
include
47
either
of
the
following:
48
(i)
Entry
and
exit
assessments
in,
at
a
minimum,
49
math
and
English
for
elementary
and
middle
school
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students,
and
additional
subjects,
including
science,
1
for
high
school
students.
2
(ii)
State-required
assessments
that
track
3
year-over-year
improvements
in
academic
proficiency.
4
(f)
Academic
mobility.
To
facilitate
the
tracking
5
of
academic
mobility,
school
districts
shall
request
6
the
following
information
from
the
parent
or
guardian
7
of
a
student
enrolled
in
educational
instruction
and
8
course
content
that
are
delivered
primarily
over
the
9
internet
pursuant
to
this
paragraph
“c”
:
10
(i)
For
a
student
newly
enrolling,
the
reasons
for
11
choosing
such
enrollment.
12
(ii)
For
a
student
terminating
enrollment,
the
13
reasons
for
terminating
such
enrollment.
14
(g)
Student
progress
toward
graduation.
15
Measurement
of
such
progress
shall
account
for
specific
16
characteristics
of
each
enrolled
student,
including
17
but
not
limited
to
age
and
course
credit
accrued
prior
18
to
enrollment
in
educational
instruction
and
course
19
content
that
are
delivered
primarily
over
the
internet
20
pursuant
to
this
paragraph
“c”
,
and
shall
be
consistent
21
with
evidence-based
best
practices.
22
(2)
The
department
shall
conduct
annually
a
survey
23
of
not
less
than
ten
percent
of
the
total
number
of
24
students
enrolled
as
authorized
under
this
paragraph
25
“c”
and
section
282.18
,
and
not
less
than
one
hundred
26
percent
of
the
students
in
those
districts
who
are
27
enrolled
as
authorized
under
this
paragraph
“c”
and
28
section
282.18
and
who
are
eligible
for
free
or
reduced
29
price
meals
under
the
federal
National
School
Lunch
30
Act
and
the
federal
Child
Nutrition
Act
of
1966
,
42
31
U.S.C.
§§1751-1785
,
to
determine
whether
students
are
32
enrolled
under
this
paragraph
“c”
and
section
282.18
33
to
receive
educational
instruction
and
course
content
34
primarily
over
the
internet
or
are
students
who
are
35
receiving
competent
private
instruction
from
a
licensed
36
practitioner
provided
through
a
school
district
37
pursuant
to
chapter
299A
.
38
(3)
The
department
shall
compile
and
review
the
39
data
collected
pursuant
to
this
paragraph
“c”
and
40
shall
submit
its
findings
and
recommendations
for
the
41
continued
delivery
of
instruction
and
course
content
by
42
school
districts
pursuant
to
this
paragraph
“c”
,
in
a
43
report
to
the
general
assembly
by
January
15
annually.
44
(4)
This
paragraph
“c”
is
repealed
July
1,
2015.
45
School
districts
providing
educational
instruction
46
and
course
content
that
are
delivered
primarily
over
47
the
internet
pursuant
to
this
paragraph
“c”
shall
48
comply
with
the
following
requirements
relating
to
such
49
instruction
and
content:
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(a)
Monitoring
and
verifying
full-time
student
1
enrollment,
timely
completion
of
graduation
2
requirements,
course
credit
accrual,
and
course
3
completion.
4
(b)
Monitoring
and
verifying
student
progress
and
5
performance
in
each
course
through
a
school-based
6
assessment
plan
that
includes
submission
of
coursework
7
and
security
and
validity
of
testing.
8
(c)
Conducting
parent-teacher
conferences.
9
(d)
Administering
assessments
required
by
the
state
10
to
all
students
in
a
proctored
setting
and
pursuant
to
11
state
law.
12
Sec.
17.
NEW
SECTION
.
274.3
Exercise
of
powers
——
13
construction.
14
1.
The
board
of
directors
of
a
school
district
15
shall
operate,
control,
and
supervise
all
public
16
schools
located
within
its
district
boundaries
and
may
17
exercise
any
broad
and
implied
power,
not
inconsistent
18
with
the
laws
of
the
general
assembly,
related
to
the
19
operation,
control,
and
supervision
of
those
public
20
schools.
21
2.
Notwithstanding
subsection
1,
the
board
of
22
directors
of
a
school
district
shall
not
have
power
to
23
levy
any
tax
unless
expressly
authorized
by
the
general
24
assembly.
25
3.
This
chapter,
chapter
257
and
chapters
275
26
through
301,
and
other
statutes
relating
to
the
27
boards
of
directors
of
school
districts
and
to
school
28
districts
shall
be
liberally
construed
to
effectuate
29
the
purposes
of
subsection
1.
30
Sec.
18.
Section
279.50,
subsections
3
and
5,
Code
31
2015,
are
amended
to
read
as
follows:
32
3.
Each
school
board
shall
annually
provide
to
33
a
parent
or
guardian
of
any
pupil
enrolled
in
the
34
school
district,
information
about
the
human
growth
and
35
development
curriculum
used
in
the
pupil’s
grade
level
,
36
as
well
as
information
on
human
growth
and
development
37
that
is
provided
to
the
pupil
at
any
educational
38
conference
or
seminar
for
which
the
school
district
39
facilitates
pupil
participation,
and
the
procedure
for
40
inspecting
the
instructional
materials
prior
to
their
41
use
in
the
classroom
or
at
the
educational
conference
42
or
seminar
.
43
5.
A
Except
with
the
written
consent
of
a
pupil’s
44
parent
or
guardian,
which
shall
be
filed
with
the
45
appropriate
school
principal,
a
pupil
shall
not
neither
46
be
required
to
take
enrolled
in
a
course
of
instruction
47
in
human
growth
and
development
if
the
pupil’s
parent
48
or
guardian
files
with
the
appropriate
principal
a
49
written
request
that
the
pupil
be
excused
from
the
50
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instruction
nor
attend
an
educational
conference
or
1
seminar
for
which
the
school
district
facilitates
pupil
2
participation
if
the
educational
conference
or
seminar
3
includes
information
on
human
growth
and
development
.
4
Notification
that
the
written
request
may
be
made
5
consent
is
required
prior
to
a
pupil’s
enrollment
or
6
attendance
as
provided
in
this
subsection
shall
be
7
included
in
the
information
provided
by
the
school
8
district
under
subsection
3
.
9
Sec.
19.
Section
284.13,
subsection
1,
paragraph
e,
10
subparagraph
(2),
subparagraph
division
(a),
Code
2015,
11
is
amended
to
read
as
follows:
12
(a)
For
the
initial
school
year
for
which
a
13
school
district
receives
department
approval
for
14
and
implements
a
framework
or
comparable
system
in
15
accordance
with
section
284.15
,
teacher
leadership
16
supplement
foundation
aid
payable
to
that
school
17
district
shall
be
paid
from
the
allocation
made
in
18
subparagraph
(1)
for
that
school
year.
For
that
school
19
year
beginning
July
1,
2014
,
the
teacher
leadership
20
supplement
foundation
aid
payable
to
the
school
21
district
is
the
product
of
the
teacher
leadership
22
district
cost
per
pupil
for
the
school
year
multiplied
23
by
the
school
district’s
budget
enrollment.
For
that
24
school
year
beginning
July
1,
2015,
or
beginning
July
25
1,
2016,
the
teacher
leadership
supplement
foundation
26
aid
payable
to
the
school
district
is
the
product
27
of
three
hundred
eight
dollars
and
eighty-two
cents
28
multiplied
by
the
school
district’s
budget
enrollment.
29
The
board
of
directors
of
the
district
of
residence
30
shall
pay
to
the
receiving
district
any
moneys
received
31
for
a
pupil
under
subparagraph
(1)
if
the
pupil
is
32
participating
in
open
enrollment
under
section
282.18
33
and
both
the
district
of
residence
and
the
receiving
34
district
are
receiving
an
allocation
under
subparagraph
35
(1).
36
Sec.
20.
Section
730.5,
subsection
9,
paragraph
e,
37
Code
2015,
is
amended
to
read
as
follows:
38
e.
If
the
written
policy
provides
for
alcohol
39
testing,
the
employer
shall
establish
in
the
written
40
policy
a
standard
for
alcohol
concentration
which
shall
41
be
deemed
to
violate
the
policy.
The
standard
for
42
alcohol
concentration
shall
not
be
less
than
.04
.02
,
43
expressed
in
terms
of
grams
of
alcohol
per
two
hundred
44
ten
liters
of
breath,
or
its
equivalent.
45
DIVISION
III
46
SALARIES,
COMPENSATION,
AND
RELATED
MATTERS
47
Sec.
21.
SALARY
MODEL
ADMINISTRATOR.
The
salary
48
model
administrator
shall
work
in
conjunction
with
49
the
legislative
services
agency
to
maintain
the
50
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state’s
salary
model
used
for
analyzing,
comparing,
1
and
projecting
state
employee
salary
and
benefit
2
information,
including
information
relating
to
3
employees
of
the
state
board
of
regents.
The
4
department
of
revenue,
the
department
of
administrative
5
services,
the
five
institutions
under
the
jurisdiction
6
of
the
state
board
of
regents,
the
judicial
district
7
departments
of
correctional
services,
and
the
state
8
department
of
transportation
shall
provide
salary
data
9
to
the
department
of
management
and
the
legislative
10
services
agency
to
operate
the
state’s
salary
11
model.
The
format
and
frequency
of
provision
of
the
12
salary
data
shall
be
determined
by
the
department
of
13
management
and
the
legislative
services
agency.
The
14
information
shall
be
used
in
collective
bargaining
15
processes
under
chapter
20
and
in
calculating
the
16
funding
needs
contained
within
the
annual
salary
17
adjustment
legislation.
A
state
employee
organization
18
as
defined
in
section
20.3,
subsection
4,
may
request
19
information
produced
by
the
model,
but
the
information
20
provided
shall
not
contain
information
attributable
to
21
individual
employees.
22
DIVISION
IV
23
CORRECTIVE
PROVISIONS
24
Sec.
22.
Section
123.122,
Code
2015,
as
amended
by
25
2015
Iowa
Acts,
House
File
536,
section
48,
is
amended
26
to
read
as
follows:
27
123.122
Permit
or
license
required.
28
A
person
shall
not
manufacture
for
sale
or
sell
29
beer
at
wholesale
or
retail
unless
a
permit
is
first
30
obtained
as
provided
in
this
subchapter
or,
a
liquor
31
control
license
authorizing
the
retail
sale
of
beer
is
32
first
obtained
as
provided
in
division
subchapter
I
of
33
this
chapter
.
A
liquor
control
license
holder
is
not
34
required
to
hold
a
separate
class
“B”
beer
permit.
35
Sec.
23.
Section
227.10,
Code
2015,
as
amended
by
36
2015
Iowa
Acts,
Senate
File
463,
section
53,
is
amended
37
to
read
as
follows:
38
227.10
Transfers
from
county
or
private
39
institutions.
40
Patients
who
have
been
admitted
at
public
expense
41
to
any
institution
to
which
this
chapter
is
applicable
42
may
be
involuntarily
transferred
to
the
proper
43
state
hospital
for
persons
with
mental
illness
in
44
the
manner
prescribed
by
sections
229.6
to
229.13
.
45
The
application
required
by
section
229.6
may
be
46
filed
by
the
administrator
of
the
division
or
the
47
administrator’s
designee,
or
by
the
administrator
48
of
the
institution
where
the
patient
is
then
being
49
maintained
or
treated.
If
the
patient
was
admitted
to
50
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that
institution
involuntarily,
the
administrator
of
1
the
division
may
arrange
and
complete
the
transfer,
and
2
shall
report
it
as
required
of
a
chief
medical
officer
3
under
section
229.15,
subsection
5
.
The
transfer
4
shall
be
made
at
the
mental
health
and
disabilities
5
disability
services
region’s
expense,
and
the
expense
6
recovered,
as
provided
in
section
227.7
.
However,
7
transfer
under
this
section
of
a
patient
whose
expenses
8
are
payable
in
whole
or
in
part
by
a
the
mental
health
9
and
disabilities
disability
services
region
is
subject
10
to
an
authorization
for
the
transfer
through
the
11
regional
administrator
for
the
patient’s
county
of
12
residence.
13
Sec.
24.
Section
227.14,
Code
2015,
as
amended
by
14
2015
Iowa
Acts,
Senate
File
463,
section
56,
is
amended
15
to
read
as
follows:
16
227.14
Caring
for
persons
with
mental
illness
from
17
other
counties.
18
The
regional
administrator
for
a
county
that
does
19
not
have
proper
facilities
for
caring
for
persons
20
with
mental
illness
may,
with
the
consent
of
the
21
administrator
of
the
division,
provide
for
such
care
22
at
the
expense
of
the
mental
health
and
disabilities
23
disability
services
region
in
any
convenient
and
proper
24
county
or
private
institution
for
persons
with
mental
25
illness
which
is
willing
to
receive
the
persons.
26
Sec.
25.
Section
229.1B,
Code
2015,
as
amended
by
27
2015
Iowa
Acts,
Senate
File
463,
section
59,
is
amended
28
to
read
as
follows:
29
229.1B
Regional
administrator.
30
Notwithstanding
any
provision
of
this
chapter
to
the
31
contrary,
any
person
whose
hospitalization
expenses
32
are
payable
in
whole
or
in
part
by
a
mental
health
33
and
disabilities
disability
services
region
shall
be
34
subject
to
all
administrative
requirements
of
the
35
regional
administrator
for
the
county.
36
Sec.
26.
Section
229.2,
subsection
1,
paragraph
b,
37
subparagraph
(3),
Code
2015,
as
amended
by
2015
Iowa
38
Acts,
Senate
File
463,
section
60,
is
amended
to
read
39
as
follows:
40
(3)
As
soon
as
is
practicable
after
the
filing
of
a
41
petition
for
juvenile
court
approval
of
the
admission
42
of
the
minor,
the
juvenile
court
shall
determine
43
whether
the
minor
has
an
attorney
to
represent
the
44
minor
in
the
hospitalization
proceeding,
and
if
not,
45
the
court
shall
assign
to
the
minor
an
attorney.
If
46
the
minor
is
financially
unable
to
pay
for
an
attorney,
47
the
attorney
shall
be
compensated
by
the
mental
48
health
and
disabilities
disability
services
region
49
at
an
hourly
rate
to
be
established
by
the
regional
50
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81
administrator
for
the
county
in
which
the
proceeding
1
is
held
in
substantially
the
same
manner
as
provided
2
in
section
815.7
.
3
Sec.
27.
Section
229.8,
subsection
1,
Code
2015,
as
4
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
61,
5
is
amended
to
read
as
follows:
6
1.
Determine
whether
the
respondent
has
an
attorney
7
who
is
able
and
willing
to
represent
the
respondent
in
8
the
hospitalization
proceeding,
and
if
not,
whether
the
9
respondent
is
financially
able
to
employ
an
attorney
10
and
capable
of
meaningfully
assisting
in
selecting
one.
11
In
accordance
with
those
determinations,
the
court
12
shall
if
necessary
allow
the
respondent
to
select,
or
13
shall
assign
to
the
respondent,
an
attorney.
If
the
14
respondent
is
financially
unable
to
pay
an
attorney,
15
the
attorney
shall
be
compensated
by
the
mental
16
health
and
disabilities
disability
services
region
17
at
an
hourly
rate
to
be
established
by
the
regional
18
administrator
for
the
county
in
which
the
proceeding
19
is
held
in
substantially
the
same
manner
as
provided
20
in
section
815.7
.
21
Sec.
28.
Section
229.10,
subsection
1,
paragraph
a,
22
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
23
463,
section
62,
is
amended
to
read
as
follows:
24
a.
An
examination
of
the
respondent
shall
be
25
conducted
by
one
or
more
licensed
physicians,
as
26
required
by
the
court’s
order,
within
a
reasonable
27
time.
If
the
respondent
is
detained
pursuant
to
28
section
229.11,
subsection
1
,
paragraph
“b”
,
the
29
examination
shall
be
conducted
within
twenty-four
30
hours.
If
the
respondent
is
detained
pursuant
to
31
section
229.11,
subsection
1
,
paragraph
“a”
or
“c”
,
32
the
examination
shall
be
conducted
within
forty-eight
33
hours.
If
the
respondent
so
desires,
the
respondent
34
shall
be
entitled
to
a
separate
examination
by
a
35
licensed
physician
of
the
respondent’s
own
choice.
36
The
reasonable
cost
of
the
examinations
shall,
if
the
37
respondent
lacks
sufficient
funds
to
pay
the
cost,
be
38
paid
by
the
regional
administrator
from
mental
health
39
and
disabilities
disability
services
region
funds
upon
40
order
of
the
court.
41
Sec.
29.
Section
229.11,
subsection
1,
unnumbered
42
paragraph
1,
Code
2015,
as
amended
by
2015
Iowa
Acts,
43
Senate
File
463,
section
63,
is
amended
to
read
as
44
follows:
45
If
the
applicant
requests
that
the
respondent
46
be
taken
into
immediate
custody
and
the
judge,
47
upon
reviewing
the
application
and
accompanying
48
documentation,
finds
probable
cause
to
believe
that
49
the
respondent
has
a
serious
mental
impairment
and
is
50
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likely
to
injure
the
respondent
or
other
persons
if
1
allowed
to
remain
at
liberty,
the
judge
may
enter
a
2
written
order
directing
that
the
respondent
be
taken
3
into
immediate
custody
by
the
sheriff
or
the
sheriff’s
4
deputy
and
be
detained
until
the
hospitalization
5
hearing.
The
hospitalization
hearing
shall
be
held
no
6
more
than
five
days
after
the
date
of
the
order,
except
7
that
if
the
fifth
day
after
the
date
of
the
order
is
a
8
Saturday,
Sunday,
or
a
holiday,
the
hearing
may
be
held
9
on
the
next
succeeding
business
day.
If
the
expenses
10
of
a
respondent
are
payable
in
whole
or
in
part
by
11
a
mental
health
and
disabilities
disability
services
12
region,
for
a
placement
in
accordance
with
paragraph
13
“a”
,
the
judge
shall
give
notice
of
the
placement
to
14
the
regional
administrator
for
the
county
in
which
the
15
court
is
located,
and
for
a
placement
in
accordance
16
with
paragraph
“b”
or
“c”
,
the
judge
shall
order
the
17
placement
in
a
hospital
or
facility
designated
through
18
the
regional
administrator.
The
judge
may
order
19
the
respondent
detained
for
the
period
of
time
until
20
the
hearing
is
held,
and
no
longer,
in
accordance
21
with
paragraph
“a”
,
if
possible,
and
if
not
then
in
22
accordance
with
paragraph
“b”
,
or,
only
if
neither
of
23
these
alternatives
is
available,
in
accordance
with
24
paragraph
“c”
.
Detention
may
be:
25
Sec.
30.
Section
229.13,
subsection
1,
paragraph
a,
26
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
27
463,
section
64,
is
amended
to
read
as
follows:
28
a.
The
court
shall
order
a
respondent
whose
29
expenses
are
payable
in
whole
or
in
part
by
a
mental
30
health
and
disabilities
disability
services
region
31
placed
under
the
care
of
an
appropriate
hospital
or
32
facility
designated
through
the
county’s
regional
33
administrator
on
an
inpatient
or
outpatient
basis.
34
Sec.
31.
Section
229.14,
subsection
2,
paragraph
a,
35
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
36
463,
section
65,
is
amended
to
read
as
follows:
37
a.
For
a
respondent
whose
expenses
are
payable
in
38
whole
or
in
part
by
a
mental
health
and
disabilities
39
disability
services
region,
placement
as
designated
40
through
the
county’s
regional
administrator
in
the
care
41
of
an
appropriate
hospital
or
facility
on
an
inpatient
42
or
outpatient
basis,
or
other
appropriate
treatment,
or
43
in
an
appropriate
alternative
placement.
44
Sec.
32.
Section
229.14A,
subsection
7,
Code
2015,
45
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
46
66,
is
amended
to
read
as
follows:
47
7.
If
a
respondent’s
expenses
are
payable
in
48
whole
or
in
part
by
a
mental
health
and
disabilities
49
disability
services
region
through
the
county’s
50
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SF510.2109.H
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86
md
13/
81
regional
administrator,
notice
of
a
placement
hearing
1
shall
be
provided
to
the
county
attorney
and
the
2
regional
administrator.
At
the
hearing,
the
county
may
3
present
evidence
regarding
appropriate
placement.
4
Sec.
33.
Section
229.42,
subsection
1,
Code
2015,
5
as
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
6
68,
is
amended
to
read
as
follows:
7
1.
If
a
person
wishing
to
make
application
for
8
voluntary
admission
to
a
mental
hospital
established
9
by
chapter
226
is
unable
to
pay
the
costs
of
10
hospitalization
or
those
responsible
for
the
person
are
11
unable
to
pay
the
costs,
application
for
authorization
12
of
voluntary
admission
must
be
made
through
a
regional
13
administrator
before
application
for
admission
14
is
made
to
the
hospital.
The
person’s
county
of
15
residence
shall
be
determined
through
the
regional
16
administrator
and
if
the
admission
is
approved
through
17
the
regional
administrator,
the
person’s
admission
18
to
a
mental
health
hospital
shall
be
authorized
as
a
19
voluntary
case.
The
authorization
shall
be
issued
on
20
forms
provided
by
the
department
of
human
services’
21
administrator.
The
costs
of
the
hospitalization
shall
22
be
paid
by
the
county
of
residence
through
the
regional
23
administrator
to
the
department
of
human
services
and
24
credited
to
the
general
fund
of
the
state,
provided
25
that
the
mental
health
hospital
rendering
the
services
26
has
certified
to
the
county
auditor
of
the
county
of
27
residence
and
the
regional
administrator
the
amount
28
chargeable
to
the
mental
health
and
disabilities
29
disability
services
region
and
has
sent
a
duplicate
30
statement
of
the
charges
to
the
department
of
human
31
services.
A
mental
health
and
disabilities
disability
32
services
region
shall
not
be
billed
for
the
cost
of
a
33
patient
unless
the
patient’s
admission
is
authorized
34
through
the
regional
administrator.
The
mental
health
35
institute
and
the
regional
administrator
shall
work
36
together
to
locate
appropriate
alternative
placements
37
and
services,
and
to
educate
patients
and
family
38
members
of
patients
regarding
such
alternatives.
39
Sec.
34.
Section
230.1,
subsection
3,
Code
2015,
as
40
amended
by
2015
Iowa
Acts,
Senate
File
463,
section
69,
41
is
amended
to
read
as
follows:
42
3.
A
mental
health
and
disabilities
disability
43
services
region
or
county
of
residence
is
not
liable
44
for
costs
and
expenses
associated
with
a
person
with
45
mental
illness
unless
the
costs
and
expenses
are
for
46
services
and
other
support
authorized
for
the
person
47
through
the
county’s
regional
administrator.
For
the
48
purposes
of
this
chapter
,
“regional
administrator”
means
49
the
same
as
defined
in
section
331.388
.
50
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86
md
14/
81
Sec.
35.
Section
230.20,
subsection
2,
paragraph
b,
1
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
2
463,
section
71,
is
amended
to
read
as
follows:
3
b.
The
per
diem
costs
billed
to
each
mental
health
4
and
disabilities
disability
services
region
shall
5
not
exceed
the
per
diem
costs
billed
to
the
county
6
in
the
fiscal
year
beginning
July
1,
1996.
However,
7
the
per
diem
costs
billed
to
a
mental
health
and
8
disabilities
disability
services
region
may
be
adjusted
9
annually
to
reflect
increased
costs,
to
the
extent
of
10
the
percentage
increase
in
the
statewide
per
capita
11
expenditure
target
amount,
if
any
per
capita
growth
12
amount
is
authorized
by
the
general
assembly
for
the
13
fiscal
year
in
accordance
with
section
426B.3
.
14
Sec.
36.
Section
279.10,
subsection
1,
Code
2015,
15
as
amended
by
2015
Iowa
Acts,
Senate
File
227,
section
16
2,
is
amended
to
read
as
follows:
17
1.
The
school
year
for
each
school
district
and
18
accredited
nonpublic
school
shall
begin
on
July
1
and
19
the
school
calendar
shall
begin
no
sooner
than
August
20
23
and
no
later
than
the
first
Monday
in
December.
21
The
school
calendar
shall
include
not
less
than
one
22
hundred
eighty
days
,
except
as
provided
in
subsection
23
3
,
or
one
thousand
eighty
hours
of
instruction
during
24
the
calendar
year.
The
board
of
directors
of
a
school
25
district
and
the
authorities
in
charge
of
an
accredited
26
nonpublic
school
shall
determine
the
school
start
27
date
for
the
school
calendar
in
accordance
with
this
28
subsection
and
shall
set
the
number
of
days
or
hours
of
29
required
attendance
for
the
school
year
as
provided
in
30
section
299.1,
subsection
2
,
but
the
board
of
directors
31
of
a
school
district
shall
hold
a
public
hearing
on
32
any
proposed
school
calendar
prior
to
adopting
the
33
school
calendar.
If
the
board
of
directors
of
a
34
district
or
the
authorities
in
charge
of
an
accredited
35
nonpublic
school
extends
the
school
calendar
because
36
inclement
weather
caused
the
school
district
or
37
accredited
nonpublic
school
to
temporarily
close
during
38
the
regular
school
calendar,
the
school
district
or
39
accredited
nonpublic
school
may
excuse
a
graduating
40
senior
who
has
met
district
or
school
requirements
for
41
graduation
from
attendance
during
the
extended
school
42
calendar.
A
school
corporation
may
begin
employment
43
of
personnel
for
in-service
training
and
development
44
purposes
before
the
date
to
begin
elementary
and
45
secondary
school.
46
Sec.
37.
Section
426B.5,
subsection
2,
paragraph
c,
47
Code
2015,
as
amended
by
2015
Iowa
Acts,
Senate
File
48
463,
section
78,
is
amended
to
read
as
follows:
49
c.
A
risk
pool
board
is
created.
The
board
50
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86
md
15/
81
shall
consist
of
two
county
supervisors,
two
county
1
auditors,
a
member
of
the
mental
health
and
disability
2
services
commission
who
is
not
a
member
of
a
county
3
board
of
supervisors,
a
member
of
the
county
finance
4
committee
created
in
chapter
333A
who
is
not
an
elected
5
official,
a
representative
of
a
provider
of
mental
6
health
or
developmental
disabilities
services
selected
7
from
nominees
submitted
by
the
Iowa
association
of
8
community
providers,
and
two
staff
members
of
regional
9
administrators
of
county
mental
health
and
disability
10
services
regions
,
all
appointed
by
the
governor,
and
11
one
member
appointed
by
the
director
of
human
services.
12
All
members
appointed
by
the
governor
shall
be
subject
13
to
confirmation
by
the
senate.
Members
shall
serve
for
14
three-year
terms.
A
vacancy
shall
be
filled
in
the
15
same
manner
as
the
original
appointment.
Expenses
and
16
other
costs
of
the
risk
pool
board
members
representing
17
counties
shall
be
paid
by
the
county
of
origin.
18
Expenses
and
other
costs
of
risk
pool
board
members
19
who
do
not
represent
counties
shall
be
paid
from
a
20
source
determined
by
the
governor.
Staff
assistance
21
to
the
board
shall
be
provided
by
the
department
of
22
human
services
and
counties.
Actuarial
expenses
and
23
other
direct
administrative
costs
shall
be
charged
to
24
the
pool.
25
Sec.
38.
Section
459A.404,
subsection
3,
paragraphs
26
b
and
c,
if
enacted
by
2015
Iowa
Acts,
House
File
583,
27
section
41,
are
amended
to
read
as
follows:
28
b.
For
purposes
of
section
459.310,
subsection
4,
29
the
provisions
relating
to
an
unformed
manure
storage
30
structure
shall
apply
to
an
unformed
animal
truck
wash
31
effluent
structure
and
the
provisions
relating
to
a
32
formed
manure
storage
structure
shall
apply
to
a
formed
33
animal
truck
wash
effluent
structure.
However,
the
34
c.
Notwithstanding
section
459.310,
subsection
35
4,
a
requirement
in
section
459.310,
subsection
4,
36
paragraph
“a”
,
relating
to
animal
weight
capacity
or
37
animal
unit
capacity
shall
not
apply
to
the
replacement
38
of
an
unformed
animal
truck
wash
effluent
structure
39
with
a
formed
animal
truck
wash
effluent
structure
.
In
40
addition,
the
capacity
of
a
replacement
animal
truck
41
wash
effluent
structure
shall
not
exceed
the
amount
42
required
to
store
animal
truck
wash
effluent
for
any
43
eighteen-month
period.
44
Sec.
39.
Section
459A.411,
Code
2015,
as
amended
by
45
2015
Iowa
Acts,
House
File
583,
section
43,
if
enacted,
46
is
amended
to
read
as
follows:
47
459A.411
Discontinuance
of
operations.
48
The
owner
of
an
open
feedlot
operation
or
animal
49
truck
wash
facility
who
discontinues
its
operation
50
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shall
remove
all
effluent
from
related
open
feedlot
1
operation
structures
or
animal
truck
wash
effluent
2
structures
used
to
store
effluent,
as
soon
as
practical
3
but
not
later
than
six
months
following
the
date
the
4
operations
of
the
open
feedlot
operation
or
animal
5
truck
wash
facility
is
are
discontinued.
6
Sec.
40.
Section
476.53,
subsection
3,
paragraph
a,
7
subparagraph
(1),
Code
2015,
as
amended
by
2015
Iowa
8
Acts,
House
File
535,
section
61,
is
amended
to
read
9
as
follows:
10
(1)
(a)
Files
an
application
pursuant
to
section
11
476A.3
to
construct
in
Iowa
a
baseload
electric
12
power
generating
facility
with
a
nameplate
generating
13
capacity
equal
to
or
greater
than
three
hundred
14
megawatts
or
a
combined-cycle
electric
power
generating
15
facility,
or
an
alternate
energy
production
facility
as
16
defined
in
section
476.42
,
or
to
significantly
alter
17
an
existing
generating
facility.
For
purposes
of
this
18
subparagraph,
a
significant
alteration
of
an
existing
19
generating
facility
must,
in
order
to
qualify
for
20
establishment
of
ratemaking
principles,
fall
into
one
21
of
the
following
categories:
22
(i)
Conversion
of
a
coal
fueled
facility
into
a
gas
23
fueled
facility.
24
(ii)
Addition
of
carbon
capture
and
storage
25
facilities
at
a
coal
fueled
facility.
26
(iii)
Addition
of
gas
fueled
capability
to
a
coal
27
fueled
facility,
in
order
to
convert
the
facility
28
to
one
that
will
rely
primarily
on
gas
for
future
29
generation.
30
(iv)
Addition
of
a
biomass
fueled
capability
to
a
31
coal
fueled
facility.
32
(b)
With
respect
to
a
significant
alteration
of
33
an
existing
generating
facility,
an
original
facility
34
shall
not
be
required
to
be
either
a
baseload
or
35
a
combined-cycle
facility.
Only
the
incremental
36
investment
undertaken
by
a
utility
under
subparagraph
37
division
(a),
subparagraph
subdivision
(i),
(ii),
38
(iii),
or
(iv)
shall
be
eligible
to
apply
the
39
ratemaking
principles
established
by
the
order
issued
40
pursuant
to
paragraph
“e”
.
Facilities
for
which
41
advanced
ratemaking
principles
are
obtained
pursuant
42
to
this
section
shall
not
be
subject
to
a
subsequent
43
board
review
pursuant
to
section
476.6,
subsection
20
,
44
to
the
extent
that
the
investment
has
been
considered
45
by
the
board
under
this
section
.
To
the
extent
an
46
eligible
utility
has
been
authorized
to
make
capital
47
investments
subject
to
section
476.6,
subsection
20
,
48
such
investments
shall
not
be
eligible
for
ratemaking
49
principles
pursuant
to
this
section
.
50
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Sec.
41.
Section
602.3205,
subsection
3,
paragraph
1
b,
if
enacted
by
2015
Iowa
Acts,
Senate
File
404,
2
section
5,
is
amended
to
read
as
follows:
3
b.
The
audio
recordings
provided
in
to
the
board
4
pursuant
to
this
subsection
shall
be
kept
confidential
5
by
the
board
in
a
manner
as
provided
in
section
272C.6,
6
subsection
4.
7
Sec.
42.
Section
602.11113,
Code
2015,
as
amended
8
by
2015
Iowa
Acts,
House
File
536,
section
177,
is
9
amended
to
read
as
follows:
10
602.11113
Bailiffs
employed
as
court
attendants.
11
Persons
who
were
employed
as
bailiffs
and
who
12
were
performing
services
for
the
court,
other
than
13
law
enforcement
services,
immediately
prior
to
July
14
1,
1983,
shall
be
employed
by
the
district
court
15
administrators
as
court
attendants
under
section
16
602.6601
on
July
1,
1983.
17
Sec.
43.
Section
714.23,
subsection
4A,
paragraph
18
a,
if
enacted
by
2015
Iowa
Acts,
Senate
File
501,
19
section
2,
or
2015
Iowa
Acts,
House
File
663,
section
20
2,
is
amended
to
read
as
follows:
21
a.
A
student
who
does
not
receive
a
tuition
refund
22
up
to
the
full
refund
of
tuition
charges
due
to
the
23
effect
of
an
interstate
reciprocity
agreement
under
24
section
261G.4,
subsection
1,
may
apply
to
the
attorney
25
general
for
a
refund
in
a
sum
that
represents
the
26
difference
between
any
tuition
refund
received
from
the
27
school
and
the
full
refund
of
tuition
charges.
For
28
purposes
of
this
subsection,
“full
refund
of
tuition
29
charges”
means
the
monetary
sum
of
the
refund
for
30
which
the
student
would
be
eligible
pursuant
to
the
31
application
of
this
section.
32
Sec.
44.
Section
902.1,
subsection
2,
paragraph
33
a,
unnumbered
paragraph
1,
as
enacted
by
2015
Iowa
34
Acts,
Senate
File
448,
section
1,
is
amended
to
read
35
as
follows:
36
Notwithstanding
subsection
1
,
a
defendant
convicted
37
of
murder
in
the
first
degree
in
violation
of
section
38
707.2
,
and
who
was
under
the
age
of
eighteen
at
the
39
time
the
offense
was
committed
shall
receive
one
of
the
40
following
sentences:
41
Sec.
45.
Section
916.1,
subsection
1,
as
enacted
by
42
2015
Iowa
Acts,
House
File
496,
section
1,
is
amended
43
to
read
as
follows:
44
1.
“Confidential
communication”
means
confidential
45
information
shared
between
a
victim
and
a
military
46
victim
advocate
within
the
advocacy
relationship,
and
47
includes
all
information
received
by
the
advocate
48
and
any
advice,
report,
or
working
paper
given
to
49
or
prepared
by
the
advocate
in
the
course
of
the
50
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advocacy
relationship
with
the
victim.
“Confidential
1
information”
is
confidential
information
which,
so
2
far
as
the
victim
is
aware,
is
not
disclosed
to
a
3
third
party
with
the
exception
of
a
person
present
4
in
the
consultation
for
the
purpose
of
furthering
the
5
interest
of
the
victim,
a
person
to
whom
disclosure
6
is
reasonably
necessary
for
the
transmission
of
the
7
information,
or
a
person
with
whom
disclosure
is
8
necessary
for
accomplishment
of
the
purpose
for
which
9
the
advocate
is
consulted
by
the
victim.
10
Sec.
46.
APPLICABILITY.
The
section
of
this
11
division
of
this
Act
amending
section
279.10,
12
subsection
1,
applies
retroactively
to
April
10,
2015.
13
Sec.
47.
APPLICABILITY.
The
section
of
this
14
division
of
this
Act
amending
section
902.1,
subsection
15
2,
paragraph
“a”,
unnumbered
paragraph
1,
applies
16
retroactively
to
the
effective
date
of
2015
Iowa
Acts,
17
Senate
File
448.
18
DIVISION
V
19
CONTROLLED
SUBSTANCES
20
Sec.
48.
Section
124.101,
Code
2015,
is
amended
by
21
adding
the
following
new
subsection:
22
NEW
SUBSECTION
.
15A.
“Imitation
controlled
23
substance”
means
a
substance
which
is
not
a
controlled
24
substance
but
which
by
color,
shape,
size,
markings,
25
and
other
aspects
of
dosage
unit
appearance,
and
26
packaging
or
other
factors,
appears
to
be
or
resembles
27
a
controlled
substance.
The
board
of
pharmacy
may
28
designate
a
substance
as
an
imitation
controlled
29
substance
pursuant
to
the
board’s
rulemaking
authority
30
and
in
accordance
with
chapter
17A.
“Imitation
31
controlled
substance”
also
means
any
substance
32
determined
to
be
an
imitation
controlled
substance
33
pursuant
to
section
124.101B.
34
Sec.
49.
NEW
SECTION
.
124.101B
Factors
indicating
35
an
imitation
controlled
substance.
36
If
a
substance
has
not
been
designated
as
an
37
imitation
controlled
substance
by
the
board
of
pharmacy
38
and
if
dosage
unit
appearance
alone
does
not
establish
39
that
a
substance
is
an
imitation
controlled
substance,
40
the
following
factors
may
be
considered
in
determining
41
whether
the
substance
is
an
imitation
controlled
42
substance:
43
1.
The
person
in
control
of
the
substance
expressly
44
or
impliedly
represents
that
the
substance
has
the
45
effect
of
a
controlled
substance.
46
2.
The
person
in
control
of
the
substance
expressly
47
or
impliedly
represents
that
the
substance
because
48
of
its
nature
or
appearance
can
be
sold
or
delivered
49
as
a
controlled
substance
or
as
a
substitute
for
a
50
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controlled
substance.
1
3.
The
person
in
control
of
the
substance
either
2
demands
or
receives
money
or
other
property
having
a
3
value
substantially
greater
than
the
actual
value
of
4
the
substance
as
consideration
for
delivery
of
the
5
substance.
6
Sec.
50.
Section
124.201,
subsection
4,
Code
2015,
7
is
amended
to
read
as
follows:
8
4.
If
any
new
substance
is
designated
as
a
9
controlled
substance
under
federal
law
and
notice
of
10
the
designation
is
given
to
the
board,
the
board
shall
11
similarly
designate
as
controlled
the
new
substance
12
under
this
chapter
after
the
expiration
of
thirty
days
13
from
publication
in
the
federal
register
of
a
final
14
order
designating
a
new
substance
as
a
controlled
15
substance,
unless
within
that
thirty-day
period
the
16
board
objects
to
the
new
designation.
In
that
case
17
the
board
shall
publish
the
reasons
for
objection
and
18
afford
all
interested
parties
an
opportunity
to
be
19
heard.
At
the
conclusion
of
the
hearing
the
board
20
shall
announce
its
decision.
Upon
publication
of
21
objection
to
a
new
substance
being
designated
as
a
22
controlled
substance
under
this
chapter
by
the
board,
23
control
under
this
chapter
is
stayed
until
the
board
24
publishes
its
decision.
If
a
substance
is
designated
25
as
controlled
by
the
board
under
this
subsection
the
26
control
shall
be
considered
a
temporary
and
if,
within
27
sixty
days
after
the
next
regular
session
of
the
28
general
assembly
convenes,
the
general
assembly
has
not
29
made
the
corresponding
changes
in
this
chapter
,
the
30
temporary
designation
of
control
of
the
substance
by
31
the
board
shall
be
nullified
amendment
to
the
schedules
32
of
controlled
substances
in
this
chapter
.
If
the
33
board
so
designates
a
substance
as
controlled,
which
34
is
considered
a
temporary
amendment
to
the
schedules
35
of
controlled
substances
in
this
chapter,
and
if
36
the
general
assembly
does
not
amend
this
chapter
to
37
enact
the
temporary
amendment
and
make
the
enactment
38
effective
within
two
years
from
the
date
the
temporary
39
amendment
first
became
effective,
the
temporary
40
amendment
is
repealed
by
operation
of
law
two
years
41
from
the
effective
date
of
the
temporary
amendment.
A
42
temporary
amendment
repealed
by
operation
of
law
is
43
subject
to
section
4.13
relating
to
the
construction
44
of
statutes
and
the
application
of
a
general
savings
45
provision.
46
Sec.
51.
Section
124.204,
subsection
4,
paragraph
47
ai,
subparagraphs
(3),
(4),
and
(5),
Code
2015,
are
48
amended
by
striking
the
subparagraphs.
49
Sec.
52.
Section
124.204,
subsection
4,
paragraph
50
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86
md
20/
81
aj,
Code
2015,
is
amended
by
striking
the
paragraph
and
1
inserting
in
lieu
thereof
the
following:
2
aj.
5-methoxy-N,N-dimethyltryptamine.
3
Some
trade
or
other
names:
4
5-methoxy-3-[2-(dimethylamino)ethyl]indole;
5-MeO-DMT.
5
Sec.
53.
Section
124.204,
subsection
4,
paragraph
6
ak,
Code
2015,
is
amended
by
striking
the
paragraph
and
7
inserting
in
lieu
thereof
the
following:
8
ak.
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine
9
(2C-E).
10
Sec.
54.
Section
124.204,
subsection
4,
Code
2015,
11
is
amended
by
adding
the
following
new
paragraphs:
12
NEW
PARAGRAPH
.
al.
2-(2,5-Dimethoxy-4-
13
methylphenyl)ethanamine
(2C-D).
14
NEW
PARAGRAPH
.
am.
2-(4-Chloro-2,5-
15
dimethoxyphenyl)ethanamine
(2C-C).
16
NEW
PARAGRAPH
.
an.
2-(4-Iodo-2,5-
17
dimethoxyphenyl)ethanamine
(2C-I).
18
NEW
PARAGRAPH
.
ao.
2-[4-(Ethylthio)-2,5-
19
dimethoxyphenyl]ethanamine
(2C-T-2).
20
NEW
PARAGRAPH
.
ap.
2-[4-(Isopropylthio)-2,5-
21
dimethoxyphenyl]ethanamine
(2C-T-4).
22
NEW
PARAGRAPH
.
aq.
2-(2,5-Dimethoxyphenyl)
23
ethanamine
(2C-H).
24
NEW
PARAGRAPH
.
ar.
2-(2,5-Dimethoxy-4-
25
nitrophenyl)ethanamine
(2C-N).
26
NEW
PARAGRAPH
.
as.
2-(2,5-Dimethoxy-4-(n)-
27
propylphenyl)ethanamine
(2C-P).
28
Sec.
55.
Section
124.204,
subsection
6,
paragraph
29
i,
subparagraph
(3),
Code
2015,
is
amended
by
striking
30
the
subparagraph
and
inserting
in
lieu
thereof
the
31
following:
32
(3)
3,4-Methylenedioxy-N-methylcathinone
33
(methylone).
34
Sec.
56.
Section
124.204,
subsection
6,
paragraph
35
i,
subparagraphs
(18),
(19),
(20),
(21),
and
(22),
Code
36
2015,
are
amended
by
striking
the
subparagraphs
and
37
inserting
in
lieu
thereof
the
following:
38
(18)
4-methyl-N-ethylcathinone.
Other
names:
39
4-MEC,
2-(ethylamino)-1-(4-methylphenyl)propan-1-one.
40
(19)
4-methyl-alpha6
pyrrolidinopropiophenone.
41
Other
names:
4-MePPP,
MePPP,
42
4-methyl-[alpha]-pyrrolidinopropiophenone,
8
43
1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one.
44
(20)
Pentedrone.
Other
names:
45
[alpha]-methylaminovalerophenone,
46
2-(methylamino)-1-phenylpentan-1-one.
47
(21)
Pentylone.
Other
names:
bk-MBDP,
48
1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one.
49
(22)
Alpha-pyrrolidinobutiophenone.
Other
names:
50
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[alpha]-PBP,
1-phenyl-2-(pyrrolidin-1-yl)butan-1-one.
1
Sec.
57.
Section
124.204,
subsection
6,
paragraph
2
i,
subparagraphs
(23),
(24),
(25),
and
(26),
Code
2015,
3
are
amended
by
striking
the
subparagraphs.
4
Sec.
58.
Section
124.204,
subsection
9,
Code
2015,
5
is
amended
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
0a.
HU-210.
7
[(6aR,10aR)-9-(hydroxymethyl)-
8
6,6-dimethyl-3-(2-methyloctan-2-yl)
6a,7,10,10a-
9
tetrahydrobenzo[c]
chromen-1-ol)].
10
NEW
PARAGRAPH
.
00a.
HU-211(dexanabinol,
11
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
12
methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]
13
chromen-1-ol).
14
NEW
PARAGRAPH
.
000a.
Unless
specifically
exempted
15
or
unless
listed
in
another
schedule,
any
material,
16
compound,
mixture,
or
preparation
which
contains
any
17
quantity
of
cannabimimetic
agents,
or
which
contains
18
their
salts,
isomers,
and
salts
of
isomers
whenever
the
19
existence
of
such
salts,
isomers,
and
salts
of
isomers
20
is
possible
within
the
specific
chemical
designation.
21
(1)
The
term
“cannabimimetic
agents”
means
any
22
substance
that
is
a
cannabinoid
receptor
type
1
(CB1
23
receptor)
agonist
as
demonstrated
by
binding
studies
24
and
functional
assays
within
any
of
the
following
25
structural
classes:
26
(a)
2-(3-hydroxycyclohexyl)phenol
with
substitution
27
at
the
5-position
of
the
phenolic
ring
by
alkyl
or
28
alkenyl,
whether
or
not
substituted
on
the
cyclohexyl
29
ring
to
any
extent.
30
(b)
3-(1-naphthoyl)indole
or
31
3-(1-naphthylmethane)indole
by
substitution
at
the
32
nitrogen
atom
of
the
indole
ring,
whether
or
not
33
further
substituted
on
the
indole
ring
to
any
extent,
34
whether
or
not
substituted
on
the
naphthoyl
or
naphthyl
35
ring
to
any
extent.
36
(c)
3-(1-naphthoyl)pyrrole
by
substitution
at
the
37
nitrogen
atom
of
the
pyrrole
ring,
whether
or
not
38
further
substituted
in
the
pyrrole
ring
to
any
extent,
39
whether
or
not
substituted
on
the
naphthoyl
ring
to
any
40
extent.
41
(d)
1-(1-naphthylmethylene)indene
by
substitution
42
of
the
3-position
of
the
indene
ring,
whether
or
not
43
further
substituted
in
the
indene
ring
to
any
extent,
44
whether
or
not
substituted
on
the
naphthyl
ring
to
any
45
extent.
46
(e)
3-phenylacetylindole
or
3-benzoylindole
by
47
substitution
at
the
nitrogen
atom
of
the
indole
ring,
48
whether
or
not
further
substituted
in
the
indole
ring
49
to
any
extent,
whether
or
not
substituted
on
the
phenyl
50
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81
ring
to
any
extent.
1
(2)
Such
terms
include:
2
(a)
CP
47,497
and
homologues
3
5-(1,1-dimethylheptyl)-2-
4
[(1R,3S)-3-hydroxycyclohexl]phenol.
5
(b)
JWH-018
and
AM678
6
1-Pentyl-3-(1-naphthoyl)indole.
7
(c)
JWH-073
1-Butyl-3-(1-naphthoyl)indole.
8
(d)
JWH-200[1-[2-(4-morpholinyl)ethyl]-1H-
9
indol-3-yl]-1-naphthalenyl-methanone.
10
(e)
JWH-19
1-hexyl-3-(1-naphthoyl)indole.
11
(f)
JWH-81
12
1-pentyl-3-[1-(4-methoxynaphthoyl)]indole.
13
(g)
JWH-122
14
1-pentyl-3-(4-methyl-1-naphthoyl)indole.
15
(h)
JWH-250
16
1-pentyl-3-(2-methoxyphenylacetyl)indole.
17
(i)
RCS-4
and
SR-19
18
1-pentyl-3-[(4methoxy)-benzoyl]indole.
19
(j)
RCS-8
and
SR
18
1-cyclohexylethyl-3-
20
(2-methoxyphenylacetyl)indole.
21
(k)
AM2201
22
1-(5-fluoropentyl)-3-(1-naphthoyl)indole.
23
(l)
JWH-203
24
1-pentyl-3-(2-chlorophenylacetyl)indole.
25
(m)
JWH-398
26
1-pentyl-3-(4-chloro-1-naphthoyl)indole.
27
(n)
AM694
28
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole.
29
(o)
Cannabicyclohexanol
or
CP-47,497
C8-homolog
5-
30
(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol.
31
NEW
32
PARAGRAPH
.
0d.
N-(1-amino-3-methyl-1-oxobutan-2-
33
yl)-1-(4-
fluorobenzyl)-1H-indazole-3-carboxamide.
34
Other
names:
AB-FUBINACA.
35
NEW
PARAGRAPH
.
00d.
N-(1-amino-
36
3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-
37
1
H-indazole-3-carboxamide.
Other
names:
ADB-PINACA.
38
NEW
PARAGRAPH
.
000d.
Quinolin-8-yl
39
1-pentyl-lH-indole-3-carboxylate.
40
Other
names:
PB-22,
QUPIC.
41
NEW
PARAGRAPH
.
0000d.
Quinolin-8-yl
42
1-(5-fluoropentyl)-1H-indole-3-carboxylate.
Other
43
names:
5-fluoro-PB-22,
5F-PB-22.
44
NEW
45
PARAGRAPH
.
00000d.
N-(1-amino-3-methyl-1-oxobutan-
46
2-yl)-1-pentyl-1H-indazole-3-carboxamide.
Other
names:
47
AB-PINACA.
48
NEW
49
PARAGRAPH
.
000000d.
N-(1-amino-3-methyl-1-oxobutan-
50
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81
2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide.
1
Other
names:
AB-CHMINACA.
2
NEW
3
PARAGRAPH
.
0000000d.
[1-(5-fluoropentyl)-1H-indazol-
4
3-yl](naphthalen-1-yl)methanone.
Other
names:
5
THJ-2201.
6
Sec.
59.
Section
124.208,
subsection
5,
paragraph
7
a,
subparagraphs
(3)
and
(4),
Code
2015,
are
amended
by
8
striking
the
subparagraphs.
9
Sec.
60.
Section
124.210,
subsection
2,
Code
2015,
10
is
amended
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
c.
2-[(dimethylamino)methyl]-1-
12
(3-methoxyphenyl)cyclohexanol,
its
salts,
optical
13
and
geometric
isomers,
and
salts
of
these
isomers
14
(including
tramadol).
15
Sec.
61.
Section
124.210,
subsection
3,
Code
2015,
16
is
amended
by
adding
the
following
new
paragraphs:
17
NEW
PARAGRAPH
.
bb.
Alfaxalone.
18
NEW
PARAGRAPH
.
bc.
Suvorexant.
19
Sec.
62.
Section
124.401,
subsection
1,
unnumbered
20
paragraph
1,
Code
2015,
is
amended
to
read
as
follows:
21
Except
as
authorized
by
this
chapter
,
it
is
unlawful
22
for
any
person
to
manufacture,
deliver,
or
possess
with
23
the
intent
to
manufacture
or
deliver,
a
controlled
24
substance,
a
counterfeit
substance,
or
a
simulated
25
controlled
substance
,
or
an
imitation
controlled
26
substance
,
or
to
act
with,
enter
into
a
common
scheme
27
or
design
with,
or
conspire
with
one
or
more
other
28
persons
to
manufacture,
deliver,
or
possess
with
29
the
intent
to
manufacture
or
deliver
a
controlled
30
substance,
a
counterfeit
substance,
or
a
simulated
31
controlled
substance
,
or
an
imitation
controlled
32
substance
.
33
Sec.
63.
Section
124.401,
subsection
1,
paragraph
34
a,
unnumbered
paragraph
1,
Code
2015,
is
amended
to
35
read
as
follows:
36
Violation
of
this
subsection
,
with
respect
to
37
the
following
controlled
substances,
counterfeit
38
substances,
or
simulated
controlled
substances
,
or
39
imitation
controlled
substances,
is
a
class
“B”
felony,
40
and
notwithstanding
section
902.9,
subsection
1,
41
paragraph
“b”
,
shall
be
punished
by
confinement
for
no
42
more
than
fifty
years
and
a
fine
of
not
more
than
one
43
million
dollars:
44
Sec.
64.
Section
124.401,
subsection
1,
paragraph
45
a,
Code
2015,
is
amended
by
adding
the
following
new
46
subparagraph:
47
NEW
SUBPARAGRAPH
.
(8)
More
than
ten
kilograms
of
a
48
mixture
or
substance
containing
any
detectable
amount
49
of
those
substances
identified
in
section
124.204,
50
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81
subsection
9.
1
Sec.
65.
Section
124.401,
subsection
1,
paragraph
2
b,
unnumbered
paragraph
1,
Code
2015,
is
amended
to
3
read
as
follows:
4
Violation
of
this
subsection
with
respect
to
5
the
following
controlled
substances,
counterfeit
6
substances,
or
simulated
controlled
substances
,
or
7
imitation
controlled
substances
is
a
class
“B”
felony,
8
and
in
addition
to
the
provisions
of
section
902.9,
9
subsection
1,
paragraph
“b”
,
shall
be
punished
by
a
10
fine
of
not
less
than
five
thousand
dollars
nor
more
11
than
one
hundred
thousand
dollars:
12
Sec.
66.
Section
124.401,
subsection
1,
paragraph
13
b,
Code
2015,
is
amended
by
adding
the
following
new
14
subparagraph:
15
NEW
SUBPARAGRAPH
.
(9)
More
than
five
kilograms
but
16
not
more
than
ten
kilograms
of
a
mixture
or
substance
17
containing
any
detectable
amount
of
those
substances
18
identified
in
section
124.204,
subsection
9.
19
Sec.
67.
Section
124.401,
subsection
1,
paragraph
20
c,
unnumbered
paragraph
1,
Code
2015,
is
amended
to
21
read
as
follows:
22
Violation
of
this
subsection
with
respect
to
23
the
following
controlled
substances,
counterfeit
24
substances,
or
simulated
controlled
substances
,
or
25
imitation
controlled
substances
is
a
class
“C”
felony,
26
and
in
addition
to
the
provisions
of
section
902.9,
27
subsection
1,
paragraph
“d”
,
shall
be
punished
by
a
28
fine
of
not
less
than
one
thousand
dollars
nor
more
29
than
fifty
thousand
dollars:
30
Sec.
68.
Section
124.401,
subsection
1,
paragraph
31
c,
Code
2015,
is
amended
by
adding
the
following
new
32
subparagraph:
33
NEW
SUBPARAGRAPH
.
(8)
Five
kilograms
or
less
of
a
34
mixture
or
substance
containing
any
detectable
amount
35
of
those
substances
identified
in
section
124.204,
36
subsection
9.
37
Sec.
69.
Section
124.401,
subsection
1,
paragraph
38
c,
subparagraph
(8),
Code
2015,
is
amended
to
read
as
39
follows:
40
(8)
(9)
Any
other
controlled
substance,
41
counterfeit
substance,
or
simulated
controlled
42
substance
,
or
imitation
substance
classified
in
43
schedule
I,
II,
or
III,
except
as
provided
in
paragraph
44
“d”
.
45
Sec.
70.
Section
124.401,
subsection
1,
paragraph
46
d,
Code
2015,
is
amended
to
read
as
follows:
47
d.
Violation
of
this
subsection
,
with
respect
48
to
any
other
controlled
substances,
counterfeit
49
substances,
or
simulated
controlled
substances
50
-25-
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86
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25/
81
classified
in
section
124.204,
subsection
4,
paragraph
1
“ai”
,
or
section
124.204,
subsection
6
,
paragraph
“i”
,
2
or
,
or
imitation
controlled
substances
classified
3
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
4
However,
violation
of
this
subsection
involving
5
fifty
kilograms
or
less
of
marijuana
or
involving
6
flunitrazepam
is
a
class
“D”
felony.
7
Sec.
71.
Section
124.401,
subsection
2,
Code
2015,
8
is
amended
to
read
as
follows:
9
2.
If
the
same
person
commits
two
or
more
acts
10
which
are
in
violation
of
subsection
1
and
the
acts
11
occur
in
approximately
the
same
location
or
time
12
period
so
that
the
acts
can
be
attributed
to
a
single
13
scheme,
plan,
or
conspiracy,
the
acts
may
be
considered
14
a
single
violation
and
the
weight
of
the
controlled
15
substances,
counterfeit
substances,
or
simulated
16
controlled
substances
,
or
imitation
controlled
17
substances
involved
may
be
combined
for
purposes
of
18
charging
the
offender.
19
Sec.
72.
Section
124.401,
subsection
5,
unnumbered
20
paragraph
1,
Code
2015,
is
amended
to
read
as
follows:
21
It
is
unlawful
for
any
person
knowingly
or
22
intentionally
to
possess
a
controlled
substance
unless
23
such
substance
was
obtained
directly
from,
or
pursuant
24
to,
a
valid
prescription
or
order
of
a
practitioner
25
while
acting
in
the
course
of
the
practitioner’s
26
professional
practice,
or
except
as
otherwise
27
authorized
by
this
chapter
.
Any
person
who
violates
28
this
subsection
is
guilty
of
a
serious
misdemeanor
for
29
a
first
offense.
A
person
who
commits
a
violation
of
30
this
subsection
and
who
has
previously
been
convicted
31
of
violating
this
chapter
or
chapter
124A
,
124B
,
or
32
453B
,
or
chapter
124A
as
it
existed
prior
to
July
33
1,
2015,
is
guilty
of
an
aggravated
misdemeanor.
A
34
person
who
commits
a
violation
of
this
subsection
and
35
has
previously
been
convicted
two
or
more
times
of
36
violating
this
chapter
or
chapter
124A
,
124B
,
or
453B
is
37
guilty
of
a
class
“D”
felony.
38
Sec.
73.
Section
124.401A,
Code
2015,
is
amended
to
39
read
as
follows:
40
124.401A
Enhanced
penalty
for
manufacture
or
41
distribution
to
persons
on
certain
real
property.
42
In
addition
to
any
other
penalties
provided
in
43
this
chapter
,
a
person
who
is
eighteen
years
of
age
44
or
older
who
unlawfully
manufactures
with
intent
to
45
distribute,
distributes,
or
possesses
with
intent
to
46
distribute
a
substance
or
counterfeit
substance
listed
47
in
schedule
I,
II,
or
III,
or
a
simulated
or
imitation
48
controlled
substance
represented
to
be
a
controlled
49
substance
classified
in
schedule
I,
II,
or
III,
to
50
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86
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26/
81
another
person
who
is
eighteen
years
of
age
or
older
in
1
or
on,
or
within
one
thousand
feet
of
the
real
property
2
comprising
a
public
or
private
elementary
or
secondary
3
school,
public
park,
public
swimming
pool,
public
4
recreation
center,
or
on
a
marked
school
bus,
may
be
5
sentenced
up
to
an
additional
term
of
confinement
of
6
five
years.
7
Sec.
74.
Section
124.401B,
Code
2015,
is
amended
to
8
read
as
follows:
9
124.401B
Possession
of
controlled
substances
on
10
certain
real
property
——
additional
penalty.
11
In
addition
to
any
other
penalties
provided
in
this
12
chapter
or
another
chapter,
a
person
who
unlawfully
13
possesses
a
substance
listed
in
schedule
I,
II,
or
14
III,
or
a
simulated
or
imitation
controlled
substance
15
represented
to
be
a
controlled
substance
classified
16
in
schedule
I,
II,
or
III,
in
or
on,
or
within
one
17
thousand
feet
of
the
real
property
comprising
a
public
18
or
private
elementary
or
secondary
school,
public
park,
19
public
swimming
pool,
public
recreation
center,
or
on
20
a
marked
school
bus,
may
be
sentenced
to
one
hundred
21
hours
of
community
service
work
for
a
public
agency
22
or
a
nonprofit
charitable
organization.
The
court
23
shall
provide
the
offender
with
a
written
statement
of
24
the
terms
and
monitoring
provisions
of
the
community
25
service.
26
Sec.
75.
Section
124.406,
subsection
2,
Code
2015,
27
is
amended
to
read
as
follows:
28
2.
A
person
who
is
eighteen
years
of
age
or
older
29
who:
30
a.
Unlawfully
distributes
or
possesses
with
the
31
intent
to
distribute
a
counterfeit
substance
listed
32
in
schedule
I
or
II,
or
a
simulated
or
imitation
33
controlled
substance
represented
to
be
a
substance
34
classified
in
schedule
I
or
II,
to
a
person
under
35
eighteen
years
of
age
commits
a
class
“B”
felony.
36
However,
if
the
substance
was
distributed
in
or
on,
37
or
within
one
thousand
feet
of,
the
real
property
38
comprising
a
public
or
private
elementary
or
secondary
39
school,
public
park,
public
swimming
pool,
public
40
recreation
center,
or
on
a
marked
school
bus,
the
41
person
shall
serve
a
minimum
term
of
confinement
of
ten
42
years.
43
b.
Unlawfully
distributes
or
possesses
with
intent
44
to
distribute
a
counterfeit
substance
listed
in
45
schedule
III,
or
a
simulated
or
imitation
controlled
46
substance
represented
to
be
any
substance
listed
in
47
schedule
III,
to
a
person
under
eighteen
years
of
age
48
who
is
at
least
three
years
younger
than
the
violator
49
commits
a
class
“C”
felony.
50
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c.
Unlawfully
distributes
a
counterfeit
substance
1
listed
in
schedule
IV
or
V,
or
a
simulated
or
imitation
2
controlled
substance
represented
to
be
a
substance
3
listed
in
schedule
IV
or
V,
to
a
person
under
eighteen
4
years
of
age
who
is
at
least
three
years
younger
than
5
the
violator
commits
an
aggravated
misdemeanor.
6
Sec.
76.
Section
124.415,
Code
2015,
is
amended
to
7
read
as
follows:
8
124.415
Parental
and
school
notification
——
persons
9
under
eighteen
years
of
age.
10
A
peace
officer
shall
make
a
reasonable
effort
to
11
identify
a
person
under
the
age
of
eighteen
discovered
12
to
be
in
possession
of
a
controlled
substance,
13
counterfeit
substance,
or
simulated
controlled
14
substance
,
or
imitation
controlled
substance
in
15
violation
of
this
chapter
,
and
if
the
person
is
not
16
referred
to
juvenile
court,
the
law
enforcement
agency
17
of
which
the
peace
officer
is
an
employee
shall
make
18
a
reasonable
attempt
to
notify
the
person’s
custodial
19
parent
or
legal
guardian
of
such
possession,
whether
20
or
not
the
person
is
arrested,
unless
the
officer
has
21
reasonable
grounds
to
believe
that
such
notification
22
is
not
in
the
best
interests
of
the
person
or
will
23
endanger
that
person.
If
the
person
is
taken
into
24
custody,
the
peace
officer
shall
notify
a
juvenile
25
court
officer
who
shall
make
a
reasonable
effort
to
26
identify
the
elementary
or
secondary
school
the
person
27
attends,
if
any,
and
to
notify
the
superintendent
of
28
the
school
district,
the
superintendent’s
designee,
29
or
the
authorities
in
charge
of
the
nonpublic
school
30
of
the
taking
into
custody.
A
reasonable
attempt
to
31
notify
the
person
includes
but
is
not
limited
to
a
32
telephone
call
or
notice
by
first-class
mail.
33
Sec.
77.
NEW
SECTION
.
124.417
Imitation
controlled
34
substances
——
exceptions.
35
It
is
not
unlawful
under
this
chapter
for
a
person
36
registered
under
section
124.302,
to
manufacture,
37
deliver,
or
possess
with
the
intent
to
manufacture
or
38
deliver,
or
to
act
with,
one
or
more
other
persons
39
to
manufacture,
deliver,
or
possess
with
the
intent
40
to
manufacture
or
deliver
an
imitation
controlled
41
substance
for
use
as
a
placebo
by
a
registered
42
practitioner
in
the
course
of
professional
practice
or
43
research.
44
Sec.
78.
Section
124.502,
subsection
1,
paragraph
45
a,
Code
2015,
is
amended
to
read
as
follows:
46
a.
A
district
judge
or
district
associate
judge,
47
within
the
court’s
jurisdiction,
and
upon
proper
48
oath
or
affirmation
showing
probable
cause,
may
issue
49
warrants
for
the
purpose
of
conducting
administrative
50
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inspections
under
this
chapter
or
a
related
rule
1
or
under
chapter
124A
.
The
warrant
may
also
permit
2
seizures
of
property
appropriate
to
the
inspections.
3
For
purposes
of
the
issuance
of
administrative
4
inspection
warrants,
probable
cause
exists
upon
showing
5
a
valid
public
interest
in
the
effective
enforcement
6
of
the
statute
or
related
rules,
sufficient
to
justify
7
administrative
inspection
of
the
area,
premises,
8
building
,
or
conveyance
in
the
circumstances
specified
9
in
the
application
for
the
warrant.
10
Sec.
79.
Section
155A.6,
subsection
3,
Code
2015,
11
is
amended
to
read
as
follows:
12
3.
The
board
shall
establish
standards
for
13
pharmacist-intern
registration
and
may
deny,
suspend,
14
or
revoke
a
pharmacist-intern
registration
for
failure
15
to
meet
the
standards
or
for
any
violation
of
the
laws
16
of
this
state,
another
state,
or
the
United
States
17
relating
to
prescription
drugs,
controlled
substances,
18
or
nonprescription
drugs,
or
for
any
violation
of
this
19
chapter
or
chapter
124
,
124A
,
124B
,
126
,
147
,
or
205
,
20
or
any
rule
of
the
board.
21
Sec.
80.
Section
155A.6A,
subsection
5,
Code
2015,
22
is
amended
to
read
as
follows:
23
5.
The
board
may
deny,
suspend,
or
revoke
the
24
registration
of,
or
otherwise
discipline,
a
registered
25
pharmacy
technician
for
any
violation
of
the
laws
26
of
this
state,
another
state,
or
the
United
States
27
relating
to
prescription
drugs,
controlled
substances,
28
or
nonprescription
drugs,
or
for
any
violation
of
this
29
chapter
or
chapter
124
,
124A
,
124B
,
126
,
147
,
205
,
or
30
272C
,
or
any
rule
of
the
board.
31
Sec.
81.
Section
155A.6B,
subsection
5,
Code
2015,
32
is
amended
to
read
as
follows:
33
5.
The
board
may
deny,
suspend,
or
revoke
the
34
registration
of
a
pharmacy
support
person
or
otherwise
35
discipline
the
pharmacy
support
person
for
any
36
violation
of
the
laws
of
this
state,
another
state,
37
or
the
United
States
relating
to
prescription
drugs,
38
controlled
substances,
or
nonprescription
drugs,
or
39
for
any
violation
of
this
chapter
or
chapter
124
,
40
124A
,
124B
,
126
,
147
,
205
,
or
272C
,
or
any
rule
of
the
41
board.
42
Sec.
82.
Section
155A.13A,
subsection
3,
Code
2015,
43
is
amended
to
read
as
follows:
44
3.
Discipline.
The
board
may
deny,
suspend,
or
45
revoke
a
nonresident
pharmacy
license
for
any
violation
46
of
this
section
,
section
155A.15,
subsection
2
,
47
paragraph
“a”
,
“b”
,
“d”
,
“e”
,
“f”
,
“g”
,
“h”
,
or
“i”
,
48
chapter
124
,
124A
,
124B
,
126
,
or
205
,
or
a
rule
of
the
49
board.
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Sec.
83.
Section
155A.17,
subsection
2,
Code
2015,
1
is
amended
to
read
as
follows:
2
2.
The
board
shall
establish
standards
for
drug
3
wholesaler
licensure
and
may
define
specific
types
of
4
wholesaler
licenses.
The
board
may
deny,
suspend,
or
5
revoke
a
drug
wholesale
license
for
failure
to
meet
the
6
applicable
standards
or
for
a
violation
of
the
laws
7
of
this
state,
another
state,
or
the
United
States
8
relating
to
prescription
drugs,
devices,
or
controlled
9
substances,
or
for
a
violation
of
this
chapter
,
chapter
10
124
,
124A
,
124B
,
126
,
or
205
,
or
a
rule
of
the
board.
11
Sec.
84.
Section
155A.42,
subsection
4,
Code
2015,
12
is
amended
to
read
as
follows:
13
4.
The
board
may
deny,
suspend,
or
revoke
a
limited
14
drug
and
device
distributor’s
license
for
failure
to
15
meet
the
applicable
standards
or
for
a
violation
of
16
the
laws
of
this
state,
another
state,
or
the
United
17
States
relating
to
prescription
drugs
or
controlled
18
substances,
or
for
a
violation
of
this
chapter
,
chapter
19
124
,
124A
,
124B
,
126
,
205
,
or
272C
,
or
a
rule
of
the
20
board.
21
Sec.
85.
REPEAL.
Chapter
124A,
Code
2015,
is
22
repealed.
23
DIVISION
VI
24
ASSET
VERIFICATION
SYSTEM
——
MEDICAID
25
Sec.
86.
MEDICAID
PROGRAM
——
ASSET,
INCOME,
AND
26
IDENTITY
VERIFICATION.
The
department
of
human
27
services
shall
issue
a
request
for
proposals
to
28
contract
with
a
third-party
vendor
to
establish
an
29
electronic
asset,
income,
and
identity
eligibility
30
verification
system
for
the
purposes
of
compliance
31
with
42
U.S.C.
§1396w
requiring
determination
or
32
redetermination
of
the
eligibility
of
an
individual
who
33
is
an
applicant
for
or
recipient
of
medical
assistance
34
under
the
Medicaid
state
plan
on
the
basis
of
being
35
aged,
blind,
or
disabled
in
accordance
with
42
U.S.C.
36
§1396w.
The
third-party
vendor
selected
shall
be
able
37
to
demonstrate
in
writing
its
current
relationships
or
38
contracts
with
financial
institutions
in
the
state
and
39
nationally.
Participation
by
financial
institutions
in
40
providing
account
balances
for
asset
verification
shall
41
remain
voluntary.
42
Sec.
87.
EFFECTIVE
UPON
ENACTMENT.
This
division
43
of
this
Act,
being
deemed
of
immediate
importance,
44
takes
effect
upon
enactment.
45
DIVISION
VII
46
DEPARTMENT
OF
MANAGEMENT
——
DUTIES
47
Sec.
88.
Section
8.6,
subsections
12
and
13,
Code
48
2015,
are
amended
by
striking
the
subsections.
49
Sec.
89.
Section
8A.111,
Code
2015,
is
amended
by
50
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adding
the
following
new
subsection:
1
NEW
SUBSECTION
.
11.
An
annual
report
on
the
2
administration
and
promotion
of
equal
opportunity
in
3
state
contracts
and
services
under
section
19B.7.
4
Sec.
90.
Section
19B.6,
Code
2015,
is
amended
to
5
read
as
follows:
6
19B.6
Responsibilities
of
department
of
7
administrative
services
and
department
of
management
——
8
affirmative
action.
9
The
department
of
administrative
services
shall
10
oversee
the
implementation
of
sections
19B.1
through
11
19B.5
and
shall
work
with
the
governor
to
ensure
12
compliance
with
those
sections,
including
the
13
attainment
of
affirmative
action
goals
and
timetables,
14
by
all
state
agencies,
excluding
the
state
board
15
of
regents
and
its
institutions.
The
department
of
16
management
shall
oversee
the
implementation
of
sections
17
19B.1
through
19B.5
and
shall
work
with
the
governor
to
18
ensure
compliance
with
those
sections,
including
the
19
attainment
of
affirmative
action
goals
and
timetables,
20
by
the
state
board
of
regents
and
its
institutions.
21
Sec.
91.
Section
19B.7,
subsection
1,
unnumbered
22
paragraph
1,
Code
2015,
is
amended
to
read
as
follows:
23
Except
as
otherwise
provided
in
subsection
2
,
the
24
department
of
management
administrative
services
is
25
responsible
for
the
administration
and
promotion
of
26
equal
opportunity
in
all
state
contracts
and
services
27
and
the
prohibition
of
discriminatory
and
unfair
28
practices
within
any
program
receiving
or
benefiting
29
from
state
financial
assistance
in
whole
or
in
part.
30
In
carrying
out
these
responsibilities
the
department
31
of
management
administrative
services
shall:
32
Sec.
92.
Section
19B.8,
Code
2015,
is
amended
to
33
read
as
follows:
34
19B.8
Sanctions.
35
The
department
of
management
administrative
services
36
may
impose
appropriate
sanctions
on
individual
state
37
agencies,
including
the
state
board
of
regents
and
38
its
institutions,
and
upon
a
community
college,
area
39
education
agency,
or
school
district,
in
order
to
40
ensure
compliance
with
state
programs
emphasizing
41
equal
opportunity
through
affirmative
action,
contract
42
compliance
policies,
and
requirements
for
procurement
43
goals
for
targeted
small
businesses.
44
DIVISION
VIII
45
ANIMAL
TRUCK
WASH
FACILITIES
46
Sec.
93.
Section
459A.105,
subsection
2,
paragraph
47
b,
as
enacted
by
2015
Iowa
Acts,
House
File
583,
48
section
10,
is
amended
to
read
as
follows:
49
b.
(1)
The
requirements
of
section
459A.205
,
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including
rules
adopted
by
the
commission
pursuant
1
to
that
section
shall
apply
to
a
small
animal
truck
2
wash
facility
only
to
the
extent
required
by
section
3
459A.205,
subsection
4A
.
4
(2)
The
requirements
of
sections
5
section
459A.404
,
and
including
rules
adopted
by
the
6
commission
pursuant
to
that
section,
shall
apply
to
a
7
small
animal
truck
wash
facility.
However,
459A.404,
8
subsection
1,
shall
only
apply
to
a
small
animal
truck
9
wash
facility
as
provided
in
that
subsection.
10
(3)
The
requirements
of
section
459A.410
,
including
11
rules
adopted
by
the
commission
under
those
provisions
12
that
section
,
shall
apply
to
a
small
animal
truck
wash
13
facility.
14
Sec.
94.
Section
459A.206,
subsection
1,
Code
2015,
15
as
amended
by
2015
Iowa
Acts,
House
File
583,
section
16
25,
is
amended
to
read
as
follows:
17
1.
A
settled
open
feedlot
effluent
basin
or
an
18
unformed
animal
truck
wash
effluent
structure
required
19
to
be
constructed
pursuant
to
a
construction
permit
20
issued
pursuant
to
section
459A.205
shall
meet
design
21
standards
as
required
by
a
soils
and
hydrogeologic
22
report.
23
Sec.
95.
Section
459A.206,
subsection
2,
paragraph
24
c,
Code
2015,
is
amended
to
read
as
follows:
25
c.
The
results
of
at
least
three
soil
corings
26
reflecting
the
continuous
soil
profile
taken
for
27
each
settled
open
feed
lot
effluent
basin
or
unformed
28
animal
truck
wash
effluent
structure
.
The
soil
corings
29
shall
be
taken
and
used
in
determining
subsurface
soil
30
characteristics
and
groundwater
elevation
and
direction
31
of
flow
of
the
proposed
site
for
construction.
The
32
soil
corings
shall
be
taken
as
follows:
33
(1)
By
a
qualified
person
ordinarily
engaged
in
the
34
practice
of
taking
soil
cores
and
in
performing
soil
35
testing.
36
(2)
At
locations
that
reflect
the
continuous
37
soil
profile
conditions
existing
within
the
area
of
38
the
proposed
basin
or
unformed
structure
,
including
39
conditions
found
near
the
corners
and
the
deepest
point
40
of
the
proposed
basin.
The
soil
corings
shall
be
41
taken
to
a
minimum
depth
of
ten
feet
below
the
bottom
42
elevation
of
the
basin.
43
(3)
By
a
method
such
as
hollow
stem
auger
or
other
44
method
that
identifies
the
continuous
soil
profile
and
45
does
not
result
in
the
mixing
of
soil
layers.
46
Sec.
96.
Section
459A.207,
subsection
1,
paragraph
47
a,
Code
2015,
is
amended
to
read
as
follows:
48
a.
The
basin
or
structure
was
constructed
in
49
accordance
with
the
design
plans
submitted
to
the
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department
as
part
of
an
application
for
a
construction
1
permit
pursuant
to
section
459A.205
.
If
the
actual
2
construction
deviates
from
the
approved
design
plans,
3
the
construction
certification
shall
identify
all
4
changes
and
certify
that
the
changes
were
consistent
5
with
all
applicable
standards
of
this
section
.
6
Sec.
97.
Section
459A.302,
unnumbered
paragraph
1,
7
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
File
8
583,
section
32,
is
amended
to
read
as
follows:
9
A
settled
open
feedlot
effluent
basin
or
an
unformed
10
animal
truck
wash
effluent
structure
required
to
be
11
constructed
pursuant
to
a
construction
permit
issued
12
pursuant
to
section
459A.205
shall
meet
all
of
the
13
following
requirements:
14
Sec.
98.
Section
459A.302,
subsection
1,
paragraph
15
a,
unnumbered
paragraph
1,
Code
2015,
as
amended
by
16
2015
Iowa
Acts,
House
File
583,
section
33,
is
amended
17
to
read
as
follows:
18
Prior
to
constructing
a
settled
open
feedlot
19
effluent
basin
or
an
unformed
animal
truck
wash
20
effluent
structure,
the
site
for
the
basin
shall
be
21
investigated
for
a
drainage
tile
line
by
the
owner
22
of
the
open
feedlot
operation
or
animal
truck
wash
23
facility.
The
investigation
shall
be
made
by
digging
24
a
core
trench
to
a
depth
of
at
least
six
feet
deep
from
25
ground
level
at
the
projected
center
of
the
berm
of
the
26
basin
or
unformed
structure.
If
a
drainage
tile
line
27
is
discovered,
one
of
the
following
solutions
shall
be
28
implemented:
29
Sec.
99.
Section
459A.302,
subsection
1,
paragraph
30
a,
subparagraphs
(1)
and
(2),
Code
2015,
are
amended
31
to
read
as
follows:
32
(1)
The
drainage
tile
line
shall
be
rerouted
33
around
the
perimeter
of
the
basin
or
unformed
animal
34
truck
wash
effluent
structure
at
a
distance
of
at
35
least
twenty-five
feet
horizontally
separated
from
36
the
outside
edge
of
the
berm
of
the
basin
or
unformed
37
structure
.
For
an
area
of
the
basin
or
unformed
38
structure
where
there
is
not
a
berm,
the
drainage
tile
39
line
shall
be
rerouted
at
least
fifty
feet
horizontally
40
separated
from
the
edge
of
the
basin
or
unformed
41
structure
.
42
(2)
The
drainage
tile
line
shall
be
replaced
with
a
43
nonperforated
tile
line
under
the
basin
floor
of
the
44
basin
or
unformed
animal
truck
wash
effluent
structure
.
45
The
nonperforated
tile
line
shall
be
continuous
and
46
without
connecting
joints.
There
must
be
a
minimum
of
47
three
feet
between
the
nonperforated
tile
line
and
the
48
basin
floor
of
the
basin
or
unformed
structure
.
49
Sec.
100.
Section
459A.302,
subsections
2,
3,
4,
50
-33-
SF510.2109.H
(2)
86
md
33/
81
and
5
Code
2015,
as
amended
by
2015
Iowa
Acts,
House
1
File
583,
section
34,
is
amended
to
read
as
follows:
2
2.
a.
The
settled
open
feedlot
effluent
basin
or
3
an
unformed
animal
truck
wash
effluent
structure
shall
4
be
constructed
with
a
minimum
separation
of
two
feet
5
between
the
top
of
the
liner
of
the
basin
or
unformed
6
structure
and
the
seasonal
high-water
table.
7
b.
If
a
drainage
tile
line
around
the
perimeter
of
8
the
settled
open
feedlot
effluent
basin
or
unformed
9
animal
truck
wash
effluent
structure
is
installed
10
a
minimum
of
two
feet
below
the
top
of
the
basin’s
11
or
unformed
structure’s
liner
to
artificially
lower
12
the
seasonal
high-water
table,
the
top
of
the
liner
13
may
be
a
maximum
of
four
feet
below
the
seasonal
14
high-water
table.
The
seasonal
high-water
table
may
15
be
artificially
lowered
by
gravity
flow
tile
lines
or
16
other
similar
system.
However,
the
following
shall
17
apply:
18
(1)
Except
as
provided
in
subparagraph
(2),
an
19
open
feedlot
operation
or
animal
truck
wash
facility
20
shall
not
use
a
nongravity
mechanical
system
that
uses
21
pumping
equipment.
22
(2)
If
the
open
feedlot
operation
was
constructed
23
before
July
1,
2005,
the
operation
may
continue
to
use
24
its
existing
nongravity
mechanical
system
that
uses
25
pumping
equipment
or
it
may
construct
a
new
nongravity
26
mechanical
system
that
uses
pumping
equipment.
27
However,
an
open
feedlot
operation
that
expands
the
28
area
of
its
open
feedlot
on
or
after
April
1,
2011,
29
shall
not
use
a
nongravity
mechanical
system
that
uses
30
pumping
equipment.
31
3.
Drainage
tile
lines
may
be
installed
to
32
artificially
lower
the
seasonal
high-water
table
at
33
a
settled
open
feedlot
effluent
basin
or
an
unformed
34
animal
truck
wash
effluent
structure,
if
all
of
the
35
following
conditions
are
satisfied:
36
a.
A
device
to
allow
monitoring
of
the
water
in
the
37
drainage
tile
lines
and
a
device
to
allow
shutoff
of
38
the
flow
in
the
drainage
tile
lines
are
installed,
if
39
the
drainage
tile
lines
do
not
have
a
surface
outlet
40
accessible
on
the
property
where
the
basin
or
unformed
41
structure
is
located.
42
b.
Drainage
tile
lines
are
installed
horizontally
43
at
least
twenty-five
feet
away
from
the
basin
or
44
unformed
structure.
Drainage
tile
lines
shall
be
45
placed
in
a
vertical
trench
and
encased
in
granular
46
material
which
extends
upward
to
the
level
of
the
47
seasonal
high-water
table.
48
4.
A
settled
open
feedlot
effluent
basin
or
an
49
unformed
animal
truck
wash
effluent
structure
shall
50
-34-
SF510.2109.H
(2)
86
md
34/
81
be
constructed
with
at
least
four
feet
between
the
1
bottom
of
the
basin
or
unformed
structure
and
a
bedrock
2
formation.
3
5.
A
settled
open
feedlot
effluent
basin
or
4
an
unformed
animal
truck
wash
effluent
structure
5
constructed
on
a
floodplain
or
within
a
floodway
of
a
6
river
or
stream
shall
comply
with
rules
adopted
by
the
7
commission.
8
Sec.
101.
Section
459A.302,
subsection
6,
9
unnumbered
paragraph
1,
Code
2015,
as
amended
by
2015
10
Iowa
Acts,
House
File
583,
section
35,
is
amended
to
11
read
as
follows:
12
The
liner
of
a
settled
open
feedlot
effluent
basin
13
or
unformed
animal
truck
wash
effluent
structure
shall
14
comply
with
all
of
the
following:
15
Sec.
102.
Section
459A.302,
subsection
7,
Code
16
2015,
as
amended
by
2015
Iowa
Acts,
House
File
583,
17
section
36,
is
amended
to
read
as
follows:
18
7.
The
owner
of
an
open
feedlot
operation
using
19
a
settled
open
feedlot
effluent
basin
or
animal
truck
20
wash
facility
using
an
unformed
animal
truck
wash
21
effluent
structure
shall
inspect
the
berms
of
the
22
basin
or
unformed
structure
at
least
semiannually
for
23
evidence
of
erosion.
If
the
inspection
reveals
erosion
24
which
may
impact
the
basin’s
or
unformed
structure’s
25
structural
stability
or
the
integrity
of
the
basin’s
26
or
unformed
structure’s
liner,
the
owner
shall
repair
27
the
berms.
28
Sec.
103.
Section
459A.404,
subsection
1,
as
29
enacted
by
2015
Iowa
Acts,
House
File
583,
section
41,
30
is
amended
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
0e.
Paragraph
“a”
or
“b”
does
not
32
apply
to
a
small
animal
truck
wash
facility.
33
DIVISION
IX
34
COUNTY
COURTHOUSES
35
Sec.
104.
Section
602.6105,
subsection
2,
Code
36
2015,
is
amended
to
read
as
follows:
37
2.
In
any
county
having
two
county
seats,
38
court
shall
be
held
at
each
,
and,
in
the
county
of
39
Pottawattamie,
court
shall
be
held
at
Avoca,
as
well
as
40
at
the
county
seat.
41
Sec.
105.
REPEAL.
1884
Iowa
Acts,
chapter
198,
is
42
repealed.
43
DIVISION
X
44
IOWA
EDUCATION
SAVINGS
PLAN
TRUST
45
Sec.
106.
Section
422.7,
subsection
32,
paragraph
46
a,
Code
2015,
is
amended
to
read
as
follows:
47
a.
Subtract
the
maximum
contribution
that
may
be
48
deducted
for
Iowa
income
tax
purposes
as
a
participant
49
in
the
Iowa
educational
savings
plan
trust
pursuant
50
-35-
SF510.2109.H
(2)
86
md
35/
81
to
section
12D.3,
subsection
1
,
paragraph
“a”
.
For
1
purposes
of
this
paragraph,
a
participant
who
makes
2
a
contribution
on
or
before
the
date
prescribed
in
3
section
422.21
for
making
and
filing
an
individual
4
income
tax
return,
excluding
extensions,
may
elect
to
5
be
deemed
to
have
made
the
contribution
on
the
last
6
day
of
the
preceding
calendar
year.
The
director,
7
after
consultation
with
the
treasurer
of
state,
shall
8
prescribe
by
rule
the
manner
and
method
by
which
a
9
participant
may
make
an
election
authorized
by
the
10
preceding
sentence.
11
Sec.
107.
RETROACTIVE
APPLICABILITY.
This
division
12
of
this
Act
applies
retroactively
to
January
1,
2015,
13
for
tax
years
beginning
on
or
after
that
date.
14
DIVISION
XI
15
TECHNOLOGY
REINVESTMENT
FUND
16
Sec.
108.
TECHNOLOGY
REINVESTMENT
FUND
——
17
APPROPRIATIONS.
There
is
appropriated
from
the
18
technology
reinvestment
fund
created
in
section
8.57C
19
to
the
following
entities
for
the
fiscal
year
beginning
20
July
1,
2015,
and
ending
June
30,
2016,
the
following
21
amounts,
or
so
much
thereof
as
is
necessary,
to
be
used
22
for
the
purposes
designated:
23
1.
SECRETARY
OF
STATE
24
a.
For
the
updating
and
upgrading
capabilities
of
25
aging
voter
registration
systems
and
business
services
26
data
systems
to
meet
current
and
future
expectations
of
27
open
and
transparent
elections:
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
450,000
29
b.
For
data
processing
services
to
support
voter
30
registration
file
maintenance
and
storage:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
234,000
32
2.
DEPARTMENT
OF
EDUCATION
33
a.
For
the
continued
development
and
implementation
34
of
an
educational
data
warehouse
that
will
be
utilized
35
by
teachers,
parents,
school
district
administrators,
36
area
education
agency
staff,
department
of
education
37
staff,
and
policymakers:
38
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
600,000
39
The
department
may
use
a
portion
of
the
moneys
40
appropriated
in
this
lettered
paragraph
for
an
41
e-transcript
data
system
capable
of
tracking
students
42
throughout
their
education
via
interconnectivity
with
43
multiple
schools.
44
b.
For
maintenance
and
lease
costs
associated
with
45
connections
for
part
III
of
the
Iowa
communications
46
network:
47
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,727,000
48
3.
IOWA
TELECOMMUNICATIONS
AND
TECHNOLOGY
49
COMMISSION
50
-36-
SF510.2109.H
(2)
86
md
36/
81
For
replacement
of
equipment
for
the
Iowa
1
communications
network:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,248,653
3
The
commission
may
continue
to
enter
into
contracts
4
pursuant
to
section
8D.13
for
the
replacement
of
5
equipment
and
for
operations
and
maintenance
costs
of
6
the
network.
7
In
addition
to
moneys
appropriated
in
this
8
subsection,
the
commission
may
use
a
financing
9
agreement
entered
into
by
the
treasurer
of
state
in
10
accordance
with
section
12.28
for
the
replacement
11
of
equipment
for
the
network.
For
purposes
of
this
12
subsection,
the
treasurer
of
state
is
not
subject
to
13
the
maximum
principal
limitation
contained
in
section
14
12.28,
subsection
6.
Repayment
of
any
amounts
financed
15
shall
be
made
from
receipts
associated
with
fees
16
charged
for
use
of
the
network.
17
4.
DEPARTMENT
OF
HUMAN
RIGHTS
18
For
the
costs
associated
with
the
justice
enterprise
19
data
warehouse:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
159,474
21
5.
DEPARTMENT
OF
MANAGEMENT
22
a.
For
the
continued
development
and
implementation
23
of
a
searchable
database
that
can
be
placed
on
the
24
internet
for
budget
and
financial
information:
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
45,000
26
b.
For
completion
of
the
comprehensive
electronic
27
grant
management
system:
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50,000
29
6.
DEPARTMENT
OF
PUBLIC
HEALTH
30
a.
For
the
costs
associated
with
the
review
of
all
31
department
of
public
health
databases
applications
and
32
systems
in
use
to
identify
efficiencies:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
400,000
34
b.
For
acquisition
of
software
relating
to
35
the
licensure
and
regulation
of
the
practice
of
36
polysomnography:
37
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
36,000
38
7.
DEPARTMENT
OF
PUBLIC
SAFETY
39
For
the
provision
of
the
purchase
of
compatible
40
radio
communications
equipment
with
the
goal
of
41
achieving
compliance
with
the
federal
communications
42
commission’s
narrowband
mandate
deadline:
43
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,874,000
44
8.
DEPARTMENT
OF
HOMELAND
SECURITY
AND
EMERGENCY
45
MANAGEMENT
46
For
the
implementation
of
a
statewide
mass
47
notification
and
emergency
messaging
system:
48
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
400,000
49
Sec.
109.
REVERSION.
For
purposes
of
section
8.33,
50
-37-
SF510.2109.H
(2)
86
md
37/
81
unless
specifically
provided
otherwise,
unencumbered
1
or
unobligated
moneys
made
from
an
appropriation
in
2
this
division
of
this
Act
shall
not
revert
but
shall
3
remain
available
for
expenditure
for
the
purposes
4
designated
until
the
close
of
the
fiscal
year
that
ends
5
three
years
after
the
end
of
the
fiscal
year
for
which
6
the
appropriation
is
made.
However,
if
the
project
7
or
projects
for
which
such
appropriation
was
made
are
8
completed
in
an
earlier
fiscal
year,
unencumbered
or
9
unobligated
moneys
shall
revert
at
the
close
of
that
10
same
fiscal
year.
11
DIVISION
XII
12
RADIO
COMMUNICATIONS
UPGRADE
13
Sec.
110.
MORTGAGE
SERVICING
SETTLEMENT
FUND
——
14
DEPARTMENT
OF
PUBLIC
SAFETY.
15
1.
There
is
transferred
from
the
mortgage
servicing
16
settlement
fund
created
in
2012
Iowa
Acts,
chapter
17
1138,
section
7,
subsection
1,
to
the
department
of
18
public
safety
for
the
fiscal
year
beginning
July
1,
19
2014,
and
ending
June
30,
2015,
the
amount
of
$626,000
20
for
the
provision
of
the
purchase
of
compatible
radio
21
communications
equipment
with
the
goal
of
achieving
22
compliance
with
the
federal
communications
commission’s
23
narrowband
mandate
deadline.
24
2.
Notwithstanding
section
8.33,
moneys
25
appropriated
in
this
section
that
remain
unencumbered
26
or
unobligated
at
the
close
of
the
fiscal
year
shall
27
not
revert
but
shall
remain
available
for
expenditure
28
for
the
purposes
designated
until
the
close
of
the
29
succeeding
fiscal
year.
30
Sec.
111.
EFFECTIVE
UPON
ENACTMENT.
This
division
31
of
this
Act,
being
deemed
of
immediate
importance,
32
takes
effect
upon
enactment.
33
DIVISION
XIII
34
FIREARMS
35
Sec.
112.
Section
724.1,
subsection
1,
paragraph
h,
36
Code
2015,
is
amended
by
striking
the
paragraph.
37
Sec.
113.
NEW
SECTION
.
724.1A
Firearm
suppressors
38
——
certification.
39
1.
As
used
in
this
section,
unless
the
context
40
otherwise
requires:
41
a.
“Certification”
means
the
participation
and
42
assent
of
the
chief
law
enforcement
officer
of
the
43
jurisdiction
where
the
applicant
resides
or
maintains
44
an
address
of
record,
that
is
necessary
under
federal
45
law
for
the
approval
of
an
application
to
make
or
46
transfer
a
firearm
suppressor.
47
b.
“Chief
law
enforcement
officer”
means
the
county
48
sheriff,
chief
of
police,
or
the
designee
of
such
49
official,
that
the
federal
bureau
of
alcohol,
tobacco,
50
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firearms
and
explosives,
or
any
successor
agency,
has
1
identified
by
regulation
or
has
determined
is
otherwise
2
eligible
to
provide
any
required
certification
for
3
making
or
transferring
a
firearm
suppressor.
4
c.
“Firearm
suppressor”
means
a
mechanical
device
5
specifically
constructed
and
designed
so
that
when
6
attached
to
a
firearm
silences,
muffles,
or
suppresses
7
the
sound
when
fired
that
is
considered
a
“firearm
8
silencer”
or
“firearm
muffler”
as
defined
in
18
U.S.C.
9
§921.
10
2.
a.
A
chief
law
enforcement
officer
is
not
11
required
to
make
any
certification
under
this
section
12
the
chief
law
enforcement
officer
knows
to
be
false,
13
but
the
chief
law
enforcement
officer
shall
not
14
refuse,
based
on
a
generalized
objection,
to
issue
a
15
certification
to
make
or
transfer
a
firearm
suppressor.
16
b.
When
the
certification
of
the
chief
law
17
enforcement
officer
is
required
by
federal
law
or
18
regulation
for
making
or
transferring
a
firearm
19
suppressor,
the
chief
law
enforcement
officer
20
shall,
within
thirty
days
of
receipt
of
a
request
21
for
certification,
issue
such
certification
if
the
22
applicant
is
not
prohibited
by
law
from
making
or
23
transferring
a
firearm
suppressor
or
is
not
the
subject
24
of
a
proceeding
that
could
result
in
the
applicant
25
being
prohibited
by
law
from
making
or
transferring
26
the
firearm
suppressor.
If
the
chief
law
enforcement
27
officer
does
not
issue
a
certification
as
required
by
28
this
section,
the
chief
law
enforcement
officer
shall
29
provide
the
applicant
with
a
written
notification
of
30
the
denial
and
the
reason
for
the
denial.
31
c.
A
certification
that
has
been
approved
under
32
this
section
grants
the
person
the
authority
to
make
33
or
transfer
a
firearm
suppressor
as
provided
by
state
34
and
federal
law.
35
3.
An
applicant
whose
request
for
certification
36
is
denied
may
appeal
the
decision
of
the
chief
law
37
enforcement
officer
to
the
district
court
for
the
38
county
in
which
the
applicant
resides
or
maintains
39
an
address
of
record.
The
court
shall
review
the
40
decision
of
the
chief
law
enforcement
officer
to
deny
41
the
certification
de
novo.
If
the
court
finds
that
42
the
applicant
is
not
prohibited
by
law
from
making
43
or
transferring
the
firearm
suppressor,
or
is
not
the
44
subject
of
a
proceeding
that
could
result
in
such
45
prohibition,
or
that
no
substantial
evidence
supports
46
the
decision
of
the
chief
law
enforcement
officer,
the
47
court
shall
order
the
chief
law
enforcement
officer
48
to
issue
the
certification
and
award
court
costs
and
49
reasonable
attorney
fees
to
the
applicant.
If
the
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court
determines
the
applicant
is
not
eligible
to
be
1
issued
a
certification,
the
court
shall
award
court
2
costs
and
reasonable
attorney
fees
to
the
political
3
subdivision
of
the
state
representing
the
chief
law
4
enforcement
officer.
5
4.
In
making
a
determination
about
whether
to
6
issue
a
certification
under
subsection
2,
a
chief
law
7
enforcement
officer
may
conduct
a
criminal
background
8
check,
including
an
inquiry
of
the
national
instant
9
criminal
background
check
system
maintained
by
the
10
federal
bureau
of
investigation
or
any
successor
11
agency,
but
shall
only
require
the
applicant
provide
12
as
much
information
as
is
necessary
to
identify
13
the
applicant
for
this
purpose
or
to
determine
the
14
disposition
of
an
arrest
or
proceeding
relevant
to
the
15
eligibility
of
the
applicant
to
lawfully
possess
or
16
receive
a
firearm
suppressor.
A
chief
law
enforcement
17
officer
shall
not
require
access
to
or
consent
18
to
inspect
any
private
premises
as
a
condition
of
19
providing
a
certification
under
this
section.
20
5.
A
chief
law
enforcement
officer
and
employees
21
of
the
chief
law
enforcement
officer
who
act
in
good
22
faith
are
immune
from
liability
arising
from
any
act
or
23
omission
in
making
a
certification
as
required
by
this
24
section.
25
Sec.
114.
NEW
SECTION
.
724.1B
Firearm
suppressors
26
——
penalty.
27
1.
A
person
shall
not
possess
a
firearm
suppressor
28
in
this
state
if
such
possession
is
knowingly
in
29
violation
of
federal
law.
30
2.
A
person
who
possesses
a
firearm
suppressor
in
31
violation
of
subsection
1
commits
a
class
“D”
felony.
32
Sec.
115.
Section
724.4,
subsection
4,
paragraph
i,
33
Code
2015,
is
amended
to
read
as
follows:
34
i.
(1)
A
person
who
has
in
the
person’s
immediate
35
possession
and
who
displays
to
a
peace
officer
on
36
demand
a
valid
permit
to
carry
weapons
which
has
been
37
issued
to
the
person,
and
whose
conduct
is
within
the
38
limits
of
that
permit.
A
peace
officer
shall
verify
39
through
electronic
means,
if
possible,
the
validity
of
40
the
person’s
permit
to
carry
weapons.
41
(2)
A
person
commits
a
simple
misdemeanor
42
punishable
as
a
scheduled
violation
pursuant
to
section
43
805.8C,
subsection
11,
if
the
person
does
not
have
in
44
the
person’s
immediate
possession
a
valid
permit
to
45
carry
weapons
which
has
been
issued
to
the
person.
46
(3)
A
Except
as
provided
subparagraph
(2),
a
47
person
shall
not
be
convicted
of
a
violation
of
this
48
section
if
the
person
produces
at
the
person’s
trial
a
49
permit
to
carry
weapons
which
was
valid
at
the
time
of
50
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the
alleged
offense
and
which
would
have
brought
the
1
person’s
conduct
within
this
exception
if
the
permit
2
had
been
produced
at
the
time
of
the
alleged
offense.
3
Sec.
116.
Section
724.4B,
subsection
2,
paragraph
4
a,
Code
2015,
is
amended
to
read
as
follows:
5
a.
A
person
listed
under
section
724.4,
subsection
6
4
,
paragraphs
“b”
through
“f”
or
“j”
,
or
a
certified
7
peace
officer
as
specified
in
section
724.6,
subsection
8
1
.
9
Sec.
117.
Section
724.5,
Code
2015,
is
amended
to
10
read
as
follows:
11
724.5
Duty
to
carry
or
verify
permit
to
carry
12
weapons.
13
1.
A
person
armed
with
a
revolver,
pistol,
or
14
pocket
billy
concealed
upon
the
person
shall
have
in
15
the
person’s
immediate
possession
the
permit
provided
16
for
in
section
724.4,
subsection
4
,
paragraph
“i”
,
and
17
shall
produce
the
permit
for
inspection
at
the
request
18
of
a
peace
officer.
19
2.
A
peace
officer
shall
verify
through
electronic
20
means,
if
possible,
the
validity
of
the
person’s
permit
21
to
carry
weapons.
22
3.
Failure
to
so
produce
a
permit
is
a
simple
23
misdemeanor
,
punishable
as
a
scheduled
violation
24
pursuant
to
section
805.8C,
subsection
12
.
25
Sec.
118.
Section
724.6,
subsection
1,
Code
2015,
26
is
amended
to
read
as
follows:
27
1.
A
person
may
be
issued
a
permit
to
carry
weapons
28
when
the
person’s
employment
in
a
private
investigation
29
business
or
private
security
business
licensed
under
30
chapter
80A
,
or
a
person’s
employment
as
a
peace
31
officer,
correctional
officer,
security
guard,
bank
32
messenger
or
other
person
transporting
property
of
a
33
value
requiring
security,
or
in
police
work,
reasonably
34
justifies
that
person
going
armed.
The
permit
shall
be
35
on
a
form
prescribed
and
published
by
the
commissioner
36
of
public
safety,
shall
identify
the
holder,
and
37
shall
state
the
nature
of
the
employment
requiring
the
38
holder
to
go
armed.
A
permit
so
issued,
other
than
to
39
a
peace
officer,
shall
authorize
the
person
to
whom
40
it
is
issued
to
go
armed
anywhere
in
the
state,
only
41
while
engaged
in
the
employment,
and
while
going
to
and
42
from
the
place
of
the
employment.
A
permit
issued
to
43
a
certified
peace
officer
shall
authorize
that
peace
44
officer
to
go
armed
anywhere
in
the
state
,
including
45
a
school
as
provided
in
section
724.4B,
at
all
times.
46
Permits
shall
expire
twelve
months
after
the
date
when
47
issued
except
that
permits
issued
to
peace
officers
and
48
correctional
officers
are
valid
through
the
officer’s
49
period
of
employment
unless
otherwise
canceled.
When
50
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the
employment
is
terminated,
the
holder
of
the
1
permit
shall
surrender
it
to
the
issuing
officer
for
2
cancellation.
3
Sec.
119.
Section
724.7,
subsection
1,
Code
2015,
4
is
amended
to
read
as
follows:
5
1.
Any
person
who
is
not
disqualified
under
6
section
724.8
,
who
satisfies
the
training
requirements
7
of
section
724.9
,
if
applicable,
and
who
files
an
8
application
in
accordance
with
section
724.10
shall
be
9
issued
a
nonprofessional
permit
to
carry
weapons.
Such
10
permits
shall
be
on
a
form
prescribed
and
published
11
by
the
commissioner
of
public
safety,
which
shall
be
12
readily
distinguishable
from
the
professional
permit,
13
and
shall
identify
the
holder
of
the
permit.
Such
14
permits
shall
not
be
issued
for
a
particular
weapon
15
and
shall
not
contain
information
about
a
particular
16
weapon
including
the
make,
model,
or
serial
number
of
17
the
weapon
or
any
ammunition
used
in
that
weapon.
All
18
permits
so
issued
shall
be
for
a
period
of
five
years
19
and
shall
be
valid
throughout
the
state
except
where
20
the
possession
or
carrying
of
a
firearm
is
prohibited
21
by
state
or
federal
law.
22
Sec.
120.
Section
724.9,
Code
2015,
is
amended
by
23
adding
the
following
new
subsection:
24
NEW
SUBSECTION
.
1A.
The
handgun
safety
training
25
course
required
in
subsection
1
may
be
conducted
26
over
the
internet
in
a
live
or
web-based
format,
if
27
completion
of
the
course
is
verified
by
the
instructor
28
or
provider
of
the
course.
29
Sec.
121.
Section
724.11,
subsections
1
and
3,
Code
30
2015,
are
amended
to
read
as
follows:
31
1.
a.
Applications
for
permits
to
carry
weapons
32
shall
be
made
to
the
sheriff
of
the
county
in
which
33
the
applicant
resides.
Applications
for
professional
34
permits
to
carry
weapons
for
persons
who
are
35
nonresidents
of
the
state,
or
whose
need
to
go
armed
36
arises
out
of
employment
by
the
state,
shall
be
made
37
to
the
commissioner
of
public
safety.
In
either
case,
38
the
sheriff
or
commissioner,
before
issuing
the
permit,
39
shall
determine
that
the
requirements
of
sections
724.6
40
to
724.10
have
been
satisfied.
However,
for
renewal
of
41
a
permit
the
training
program
requirements
in
section
42
724.9,
subsection
1,
do
not
apply
to
an
applicant
43
who
is
able
to
demonstrate
completion
of
small
arms
44
training
as
specified
in
section
724.9,
subsection
1,
45
paragraph
“d”
.
For
all
other
applicants
the
training
46
program
requirements
of
section
724.9,
subsection
1,
47
must
be
satisfied
within
the
twenty-four-month
period
48
prior
to
the
date
of
the
application
for
the
issuance
49
of
a
permit.
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b.
(1)
Prior
to
issuing
a
renewal,
the
sheriff
1
or
commissioner
shall
determine
the
requirements
of
2
sections
724.6,
724.7,
724.8,
and
724.10
and
either
of
3
the
following,
as
applicable,
have
been
satisfied:
4
(a)
Beginning
with
the
first
renewal
of
a
permit
5
issued
after
the
calendar
year
2010,
and
alternating
6
renewals
thereafter,
if
a
renewal
applicant
applies
7
within
thirty
days
prior
to
the
expiration
of
the
8
permit
or
within
thirty
days
after
expiration
of
the
9
permit,
the
training
program
requirements
of
section
10
724.9,
subsection
1,
do
not
apply.
11
(b)
Beginning
with
the
second
renewal
of
a
permit
12
issued
after
the
calendar
year
2010,
and
alternating
13
renewals
thereafter,
if
a
renewal
applicant
applies
14
within
thirty
days
prior
to
the
expiration
of
the
15
permit
or
within
thirty
days
after
expiration
of
the
16
permit,
a
renewal
applicant
shall
qualify
for
renewal
17
by
taking
an
online
training
course
certified
by
the
18
national
rifle
association
or
the
Iowa
law
enforcement
19
academy,
and
the
training
program
requirements
of
20
section
724.9,
subsection
1,
do
not
apply.
21
(2)
If
any
renewal
applicant
applies
more
than
22
thirty
days
after
the
expiration
of
the
permit,
the
23
permit
requirements
of
paragraph
“a”
apply
to
the
24
applicant,
and
any
subsequent
renewal
of
this
permit
25
shall
be
considered
a
first
renewal
for
purposes
26
of
subparagraph
(1).
However,
the
training
program
27
requirements
of
section
724.9,
subsection
1,
do
not
28
apply
to
an
applicant
who
is
able
to
demonstrate
29
completion
of
small
arms
training
as
specified
in
30
section
724.9,
subsection
1,
paragraph
“d”
.
For
all
31
other
applicants,
in
lieu
of
the
training
program
32
requirements
of
section
724.9,
subsection
1,
the
33
renewal
applicant
may
choose
to
qualify
on
a
firing
34
range
under
the
supervision
of
an
instructor
certified
35
by
the
national
rifle
association
or
the
department
of
36
public
safety
or
another
state’s
department
of
public
37
safety,
state
police
department,
or
similar
certifying
38
body.
39
(3)
As
an
alternative
to
subparagraph
(1),
and
if
40
the
requirements
of
sections
724.6,
724.7,
724.8,
and
41
724.10
have
been
satisfied,
a
renewal
applicant
may
42
choose
to
qualify,
at
any
renewal,
under
the
training
43
program
requirements
in
section
724.9,
subsection
1
,
44
shall
apply
or
the
renewal
applicant
may
choose
to
45
qualify
on
a
firing
range
under
the
supervision
of
an
46
instructor
certified
by
the
national
rifle
association
47
or
the
department
of
public
safety
or
another
48
state’s
department
of
public
safety,
state
police
49
department,
or
similar
certifying
body.
Such
training
50
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or
qualification
must
occur
within
the
twelve-month
1
twenty-four-month
period
prior
to
the
expiration
2
of
the
applicant’s
current
permit
,
except
that
the
3
twenty-four-month
time
period
limitation
for
training
4
or
qualification
does
not
apply
to
an
applicant
who
is
5
able
to
demonstrate
completion
of
small
arms
training
6
as
specified
in
section
724.9,
subsection
1,
paragraph
7
“d”
.
8
3.
The
issuing
officer
shall
collect
a
fee
of
fifty
9
dollars,
except
from
a
duly
appointed
peace
officer
or
10
correctional
officer,
for
each
permit
issued.
Renewal
11
permits
or
duplicate
permits
shall
be
issued
for
a
fee
12
of
twenty-five
dollars,
provided
the
application
for
13
such
renewal
permit
is
received
by
the
issuing
officer
14
at
least
within
thirty
days
prior
to
the
expiration
15
of
the
applicant’s
current
permit
or
within
thirty
16
days
after
such
expiration
.
The
issuing
officer
17
shall
notify
the
commissioner
of
public
safety
of
the
18
issuance
of
any
permit
at
least
monthly
and
forward
to
19
the
commissioner
an
amount
equal
to
ten
dollars
for
20
each
permit
issued
and
five
dollars
for
each
renewal
21
or
duplicate
permit
issued.
All
such
fees
received
22
by
the
commissioner
shall
be
paid
to
the
treasurer
23
of
state
and
deposited
in
the
operating
account
of
24
the
department
of
public
safety
to
offset
the
cost
of
25
administering
this
chapter
.
Notwithstanding
section
26
8.33
,
any
unspent
balance
as
of
June
30
of
each
year
27
shall
not
revert
to
the
general
fund
of
the
state.
28
Sec.
122.
Section
724.11,
Code
2015,
is
amended
by
29
adding
the
following
new
subsection:
30
NEW
SUBSECTION
.
5.
The
initial
or
renewal
permit
31
shall
have
a
uniform
appearance,
size,
and
content
32
prescribed
and
published
by
the
commissioner
of
public
33
safety.
The
permit
shall
contain
the
name
of
the
34
permittee
and
the
effective
date
of
the
permit,
but
35
shall
not
contain
the
permittee’s
social
security
36
number.
Such
a
permit
shall
not
be
issued
for
a
37
particular
weapon
and
shall
not
contain
information
38
about
a
particular
weapon
including
the
make,
model,
39
or
serial
number
of
the
weapon,
or
any
ammunition
used
40
in
that
weapon.
41
Sec.
123.
Section
724.11A,
Code
2015,
is
amended
to
42
read
as
follows:
43
724.11A
Recognition.
44
A
valid
permit
or
license
issued
by
another
state
to
45
any
nonresident
of
this
state
shall
be
considered
to
46
be
a
valid
permit
or
license
to
carry
weapons
issued
47
pursuant
to
this
chapter
,
except
that
such
permit
or
48
license
shall
not
be
considered
to
be
a
substitute
for
49
an
annual
a
permit
to
acquire
pistols
or
revolvers
50
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issued
pursuant
to
section
724.15
this
chapter
.
1
Sec.
124.
Section
724.15,
subsections
1,
2,
and
3,
2
Code
2015,
are
amended
to
read
as
follows:
3
1.
Any
person
who
desires
to
acquire
ownership
of
4
any
pistol
or
revolver
shall
first
obtain
an
annual
5
a
permit.
An
annual
A
permit
shall
be
issued
upon
6
request
to
any
resident
of
this
state
unless
the
person
7
is
subject
to
any
of
the
following:
8
a.
Is
less
than
twenty-one
years
of
age.
9
b.
Is
subject
to
the
provisions
of
section
724.26
.
10
c.
Is
prohibited
by
federal
law
from
shipping,
11
transporting,
possessing,
or
receiving
a
firearm.
12
2.
Any
person
who
acquires
ownership
of
a
pistol
or
13
revolver
shall
not
be
required
to
obtain
an
annual
a
14
permit
if
any
of
the
following
apply:
15
a.
The
person
transferring
the
pistol
or
revolver
16
and
the
person
acquiring
the
pistol
or
revolver
are
17
licensed
firearms
dealers
under
federal
law.
18
b.
The
pistol
or
revolver
acquired
is
an
antique
19
firearm,
a
collector’s
item,
a
device
which
is
not
20
designed
or
redesigned
for
use
as
a
weapon,
a
device
21
which
is
designed
solely
for
use
as
a
signaling,
22
pyrotechnic,
line-throwing,
safety,
or
similar
device,
23
or
a
firearm
which
is
unserviceable
by
reason
of
being
24
unable
to
discharge
a
shot
by
means
of
an
explosive
25
and
is
incapable
of
being
readily
restored
to
a
firing
26
condition.
27
c.
The
person
acquiring
the
pistol
or
revolver
is
28
authorized
to
do
so
on
behalf
of
a
law
enforcement
29
agency.
30
d.
The
person
has
obtained
a
valid
permit
to
carry
31
weapons,
as
provided
in
section
724.11
.
32
e.
The
person
transferring
the
pistol
or
revolver
33
and
the
person
acquiring
the
pistol
or
revolver
34
are
related
to
one
another
within
the
second
degree
35
of
consanguinity
or
affinity
unless
the
person
36
transferring
the
pistol
or
revolver
knows
that
the
37
person
acquiring
the
pistol
or
revolver
would
be
38
disqualified
from
obtaining
a
permit.
39
3.
The
annual
permit
to
acquire
pistols
or
40
revolvers
shall
authorize
the
permit
holder
to
acquire
41
one
or
more
pistols
or
revolvers
during
the
period
42
that
the
permit
remains
valid.
If
the
issuing
officer
43
determines
that
the
applicant
has
become
disqualified
44
under
the
provisions
of
subsection
1
,
the
issuing
45
officer
may
immediately
revoke
the
permit
and
shall
46
provide
a
written
statement
of
the
reasons
for
47
revocation,
and
the
applicant
shall
have
the
right
to
48
appeal
the
revocation
as
provided
in
section
724.21A
.
49
Sec.
125.
Section
724.16,
Code
2015,
is
amended
to
50
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read
as
follows:
1
724.16
Annual
permit
Permit
to
acquire
required
——
2
transfer
prohibited.
3
1.
Except
as
otherwise
provided
in
section
724.15,
4
subsection
2
,
a
person
who
acquires
ownership
of
a
5
pistol
or
revolver
without
a
valid
annual
permit
to
6
acquire
pistols
or
revolvers
or
a
person
who
transfers
7
ownership
of
a
pistol
or
revolver
to
a
person
who
does
8
not
have
in
the
person’s
possession
a
valid
annual
9
permit
to
acquire
pistols
or
revolvers
is
guilty
of
an
10
aggravated
misdemeanor.
11
2.
A
person
who
transfers
ownership
of
a
pistol
12
or
revolver
to
a
person
that
the
transferor
knows
is
13
prohibited
by
section
724.15
from
acquiring
ownership
14
of
a
pistol
or
revolver
commits
a
class
“D”
felony.
15
Sec.
126.
Section
724.17,
Code
2015,
is
amended
to
16
read
as
follows:
17
724.17
Application
for
annual
permit
to
acquire
——
18
criminal
history
check
required.
19
1.
The
application
for
an
annual
a
permit
to
20
acquire
pistols
or
revolvers
may
be
made
to
the
sheriff
21
of
the
county
of
the
applicant’s
residence
and
shall
be
22
on
a
form
prescribed
and
published
by
the
commissioner
23
of
public
safety.
24
a.
The
If
an
applicant
is
a
United
States
citizen,
25
the
application
shall
require
only
the
full
name
of
26
the
applicant,
the
driver’s
license
or
nonoperator’s
27
identification
card
number
of
the
applicant,
the
28
residence
of
the
applicant,
and
the
date
and
place
of
29
birth
of
the
applicant.
30
b.
If
the
applicant
is
not
a
United
States
citizen,
31
the
application
shall,
in
addition
to
the
information
32
specified
in
paragraph
“a”
,
require
the
applicant’s
33
country
of
citizenship,
any
alien
or
admission
34
number
issued
by
the
United
States
immigration
and
35
customs
enforcement
or
any
successor
agency,
and,
36
if
applicable,
the
basis
for
any
exception
claimed
37
pursuant
to
18
U.S.C.
§922(y).
38
c.
The
applicant
shall
also
display
an
39
identification
card
that
bears
a
distinguishing
number
40
assigned
to
the
cardholder,
the
full
name,
date
of
41
birth,
sex,
residence
address,
and
brief
description
42
and
colored
photograph
of
the
cardholder,
or
other
43
identification
as
specified
by
rule
of
the
department
44
of
public
safety.
45
2.
The
sheriff
shall
conduct
a
criminal
history
46
check
concerning
each
applicant
by
obtaining
criminal
47
history
data
from
the
department
of
public
safety
48
which
shall
include
an
inquiry
of
the
national
instant
49
criminal
background
check
system
maintained
by
the
50
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federal
bureau
of
investigation
or
any
successor
agency
1
and
an
immigration
alien
query
through
a
database
2
maintained
by
the
United
States
immigration
and
customs
3
enforcement
or
any
successor
agency
if
the
applicant
is
4
not
a
United
States
citizen
.
5
3.
A
person
who
makes
what
the
person
knows
to
be
6
a
false
statement
of
material
fact
on
an
application
7
submitted
under
this
section
or
who
submits
what
the
8
person
knows
to
be
any
materially
falsified
or
forged
9
documentation
in
connection
with
such
an
application
10
commits
a
class
“D”
felony.
11
Sec.
127.
Section
724.18,
Code
2015,
is
amended
to
12
read
as
follows:
13
724.18
Procedure
for
making
application
for
annual
14
permit
to
acquire.
15
A
person
may
personally
request
the
sheriff
to
16
mail
an
application
for
an
annual
a
permit
to
acquire
17
pistols
or
revolvers,
and
the
sheriff
shall
immediately
18
forward
to
such
person
an
application
for
an
annual
19
a
permit
to
acquire
pistols
or
revolvers.
A
person
20
shall
upon
completion
of
the
application
personally
21
deliver
file
such
application
to
with
the
sheriff
who
22
shall
note
the
period
of
validity
on
the
application
23
and
shall
immediately
issue
the
annual
permit
to
24
acquire
pistols
or
revolvers
to
the
applicant.
For
the
25
purposes
of
this
section
the
date
of
application
shall
26
be
the
date
on
which
the
sheriff
received
the
completed
27
application.
28
Sec.
128.
Section
724.19,
Code
2015,
is
amended
to
29
read
as
follows:
30
724.19
Issuance
of
annual
permit
to
acquire.
31
The
annual
permit
to
acquire
pistols
or
revolvers
32
shall
be
issued
to
the
applicant
immediately
upon
33
completion
of
the
application
unless
the
applicant
is
34
disqualified
under
the
provisions
of
section
724.15
and
35
or
724.17.
The
permit
shall
be
on
a
form
have
a
36
uniform
appearance,
size,
and
content
prescribed
and
37
published
by
the
commissioner
of
public
safety.
The
38
permit
shall
contain
the
name
of
the
permittee
,
the
39
residence
of
the
permittee,
and
the
effective
date
40
of
the
permit
,
but
shall
not
contain
the
permittee’s
41
social
security
number
.
Such
a
permit
shall
not
be
42
issued
for
a
particular
pistol
or
revolver
and
shall
43
not
contain
information
about
a
particular
pistol
or
44
revolver
including
the
make,
model,
or
serial
number
of
45
the
pistol
or
revolver,
or
any
ammunition
used
in
such
46
a
pistol
or
revolver.
47
Sec.
129.
Section
724.20,
Code
2015,
is
amended
to
48
read
as
follows:
49
724.20
Validity
of
annual
permit
to
acquire
pistols
50
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81
or
revolvers.
1
The
permit
shall
be
valid
throughout
the
state
and
2
shall
be
valid
three
days
after
the
date
of
application
3
and
shall
be
invalid
one
year
five
years
after
the
date
4
of
application.
5
Sec.
130.
Section
724.21A,
subsections
1
and
7,
6
Code
2015,
are
amended
to
read
as
follows:
7
1.
In
any
case
where
the
sheriff
or
the
8
commissioner
of
public
safety
denies
an
application
9
for
or
suspends
or
revokes
a
permit
to
carry
weapons
10
or
an
annual
a
permit
to
acquire
pistols
or
revolvers,
11
the
sheriff
or
commissioner
shall
provide
a
written
12
statement
of
the
reasons
for
the
denial,
suspension,
13
or
revocation
and
the
applicant
or
permit
holder
14
shall
have
the
right
to
appeal
the
denial,
suspension,
15
or
revocation
to
an
administrative
law
judge
in
the
16
department
of
inspections
and
appeals
within
thirty
17
days
of
receiving
written
notice
of
the
denial,
18
suspension,
or
revocation.
19
7.
In
any
case
where
the
issuing
officer
denies
an
20
application
for,
or
suspends
or
revokes
a
permit
to
21
carry
weapons
or
an
annual
a
permit
to
acquire
pistols
22
or
revolvers
solely
because
of
an
adverse
determination
23
by
the
national
instant
criminal
background
check
24
system,
the
applicant
or
permit
holder
shall
not
seek
25
relief
under
this
section
but
may
pursue
relief
of
26
the
national
instant
criminal
background
check
system
27
determination
pursuant
to
Pub.
L.
No.
103-159,
sections
28
103(f)
and
(g)
and
104
and
28
C.F.R.
§25.10,
or
other
29
applicable
law.
The
outcome
of
such
proceedings
shall
30
be
binding
on
the
issuing
officer.
31
Sec.
131.
Section
724.21A,
Code
2015,
is
amended
by
32
adding
the
following
new
subsection:
33
NEW
SUBSECTION
.
8.
If
an
applicant
appeals
the
34
decision
by
the
sheriff
or
commissioner
to
deny
an
35
application,
or
suspend
or
revoke
a
permit
to
carry
36
weapons
or
a
permit
to
acquire,
and
it
is
later
37
determined
the
applicant
is
eligible
to
be
issued
or
38
possess
such
a
permit,
the
applicant
shall
be
awarded
39
court
costs
and
reasonable
attorney
fees.
If
the
40
decision
of
the
sheriff
or
commission
to
deny
the
41
application,
or
suspend
or
revoke
the
permit
is
upheld
42
on
appeal,
the
political
subdivision
of
the
state
43
representing
the
sheriff
or
the
commissioner
shall
be
44
awarded
court
costs
and
reasonable
attorney
fees.
45
Sec.
132.
Section
724.22,
subsection
5,
Code
2015,
46
is
amended
to
read
as
follows:
47
5.
A
parent
or
guardian
or
spouse
who
is
twenty-one
48
years
of
age
or
older,
of
a
person
fourteen
years
of
49
age
but
less
than
below
the
age
of
twenty-one
may
50
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allow
the
person
to
possess
a
pistol
or
revolver
or
1
the
ammunition
therefor
for
any
lawful
purpose
while
2
under
the
direct
supervision
of
the
parent
or
guardian
3
or
spouse
who
is
twenty-one
years
of
age
or
older,
or
4
while
the
person
receives
instruction
in
the
proper
use
5
thereof
from
an
instructor
twenty-one
years
of
age
or
6
older,
with
the
consent
of
such
parent,
guardian
or
7
spouse.
8
Sec.
133.
Section
724.23,
Code
2015,
is
amended
to
9
read
as
follows:
10
724.23
Records
kept
by
commissioner
and
issuing
11
officers
.
12
1.
a.
The
commissioner
of
public
safety
shall
13
maintain
a
permanent
record
of
all
valid
permits
to
14
carry
weapons
and
of
current
permit
revocations.
15
b.
The
permanent
record
shall
be
kept
in
a
16
searchable
database
that
is
accessible
on
a
statewide
17
basis
for
the
circumstances
described
in
subsection
2,
18
paragraph
“b”
,
“c”
,
“d”
,
or
“e”
.
19
2.
a.
Notwithstanding
any
other
law
or
rule
to
20
the
contrary,
the
commissioner
of
public
safety
and
21
any
issuing
officer
shall
keep
confidential
personally
22
identifiable
information
of
holders
of
permits
to
23
carry
weapons
and
permits
to
acquire,
including
but
not
24
limited
to
the
name,
social
security
number,
date
of
25
birth,
residential
or
business
address,
and
driver’s
26
license
or
other
identification
number
of
the
applicant
27
or
permit
holder.
28
b.
This
subsection
shall
not
prohibit
the
29
release
of
statistical
information
relating
to
the
30
issuance,
denial,
revocation,
or
administration
of
31
nonprofessional
permits
to
carry
weapons
and
permits
to
32
acquire,
provided
that
the
release
of
such
information
33
does
not
reveal
the
identity
of
any
individual
permit
34
holder.
35
c.
This
subsection
shall
not
prohibit
the
release
36
of
information
to
any
law
enforcement
agency
or
any
37
employee
or
agent
thereof
when
necessary
for
the
38
purpose
of
investigating
a
possible
violation
of
law
39
and
when
probable
cause
exists,
or
to
determine
the
40
validity
of
a
permit,
or
for
conducting
a
lawfully
41
authorized
background
investigation.
42
d.
This
subsection
shall
not
prohibit
the
43
release
of
information
relating
to
the
validity
of
a
44
professional
permit
to
carry
weapons
to
an
employer
who
45
requires
an
employee
or
an
agent
of
the
employer
to
46
possess
a
professional
permit
to
carry
weapons
as
part
47
of
the
duties
of
the
employee
or
agent.
48
e.
(1)
This
subsection
shall
not
prohibit
the
49
release
of
the
information
described
in
subparagraph
50
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(3)
to
a
member
of
the
public
if
the
person,
in
writing
1
or
in
person,
requests
whether
another
person
has
a
2
professional
or
nonprofessional
permit
to
carry
weapons
3
or
a
permit
to
acquire.
The
request
must
include
4
the
name
of
the
other
person
and
at
least
one
of
the
5
following
identifiers
pertaining
to
the
other
person:
6
(a)
The
date
of
birth
of
the
person.
7
(b)
The
address
of
the
person.
8
(c)
The
telephone
number
of
the
person,
including
9
any
landline
or
wireless
numbers.
10
(2)
Prior
to
the
release
of
information
under
this
11
paragraph
“e”
,
the
member
of
the
public
requesting
the
12
information
shall
provide
the
department
of
public
13
safety
or
issuing
officer
with
the
name
of
the
person
14
requesting
the
information
and
the
reason
for
the
15
request
in
writing
even
if
the
person
appears
in
person
16
to
request
such
information.
The
department
or
issuing
17
officer
shall
keep
a
record
of
the
person
making
the
18
request
and
the
reason
for
such
a
request.
19
(3)
The
information
released
by
the
department
20
of
public
safety
or
issuing
officer
shall
be
limited
21
to
an
acknowledgment
as
to
whether
or
not
the
person
22
currently
possesses
a
valid
permit
to
carry
weapons
or
23
a
permit
to
acquire,
the
date
such
permit
was
issued,
24
and
whether
the
person
has
ever
possessed
such
a
permit
25
that
has
been
revoked
or
has
expired
and
the
date
the
26
permit
was
revoked
or
expired.
No
other
information
27
shall
be
released
under
this
paragraph
“e”
.
28
f.
Except
as
provided
in
paragraphs
“b”
,
“c”
,
“d”
,
29
or
“e”
,
the
release
of
any
confidential
information
30
under
this
section
shall
require
a
court
order
or
the
31
consent
of
the
person
whose
personally
identifiable
32
information
is
the
subject
of
the
information
request.
33
Sec.
134.
Section
724.27,
subsection
1,
unnumbered
34
paragraph
1,
Code
2015,
is
amended
to
read
as
follows:
35
The
provisions
of
section
724.8
,
section
724.15,
36
subsection
1
2
,
and
section
724.26
shall
not
apply
to
37
a
person
who
is
eligible
to
have
the
person’s
civil
38
rights
regarding
firearms
restored
under
section
914.7
39
if
any
of
the
following
occur:
40
Sec.
135.
NEW
SECTION
.
724.29A
Fraudulent
purchase
41
of
firearms
or
ammunition.
42
1.
For
purposes
of
this
section:
43
a.
“Ammunition”
means
any
cartridge,
shell,
or
44
projectile
designed
for
use
in
a
firearm.
45
b.
“Licensed
firearms
dealer”
means
a
person
who
is
46
licensed
pursuant
to
18
U.S.C.
§923
to
engage
in
the
47
business
of
dealing
in
firearms.
48
c.
“Materially
false
information”
means
information
49
that
portrays
an
illegal
transaction
as
legal
or
a
50
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legal
transaction
as
illegal.
1
d.
“Private
seller”
means
a
person
who
sells
or
2
offers
for
sale
any
firearm
or
ammunition.
3
2.
A
person
who
knowingly
solicits,
persuades,
4
encourages,
or
entices
a
licensed
firearms
dealer
or
5
private
seller
of
firearms
or
ammunition
to
transfer
6
a
firearm
or
ammunition
under
circumstances
that
the
7
person
knows
would
violate
the
laws
of
this
state
or
of
8
the
United
States
commits
a
class
“D”
felony.
9
3.
A
person
who
knowingly
provides
materially
10
false
information
to
a
licensed
firearms
dealer
or
11
private
seller
of
firearms
or
ammunition
with
the
12
intent
to
deceive
the
firearms
dealer
or
seller
about
13
the
legality
of
a
transfer
of
a
firearm
or
ammunition
14
commits
a
class
“D”
felony.
15
4.
Any
person
who
willfully
procures
another
to
16
engage
in
conduct
prohibited
by
this
section
shall
be
17
held
accountable
as
a
principal.
18
5.
This
section
does
not
apply
to
a
law
enforcement
19
officer
acting
in
the
officer’s
official
capacity
20
or
to
a
person
acting
at
the
direction
of
such
law
21
enforcement
officer.
22
Sec.
136.
NEW
SECTION
.
724.32
Rules.
23
The
department
of
public
safety
shall
adopt
rules
24
pursuant
to
chapter
17A
to
administer
this
chapter.
25
Sec.
137.
Section
805.8C,
Code
2015,
is
amended
by
26
adding
the
following
new
subsections:
27
NEW
SUBSECTION
.
11.
Duty
to
possess
permit
to
carry
28
weapons.
For
violations
of
section
724.4,
subsection
29
4,
paragraph
“i”
,
subparagraph
(2),
the
scheduled
fine
30
is
ten
dollars.
31
NEW
SUBSECTION
.
12.
Failure
to
produce
permit
to
32
carry.
For
violations
of
section
724.5,
the
scheduled
33
fine
is
ten
dollars.
34
Sec.
138.
EFFECTIVE
UPON
ENACTMENT.
The
following
35
provision
or
provisions
of
this
division
of
this
Act,
36
being
deemed
of
immediate
importance,
take
effect
upon
37
enactment:
38
1.
The
section
of
this
division
amending
section
39
724.1,
subsection
1,
paragraph
“h”.
40
2.
The
section
of
this
division
enacting
new
41
section
724.1A.
42
3.
The
section
of
this
division
amending
section
43
724.22.
44
4.
The
section
of
this
division
amending
section
45
724.23,
subsection
2.
46
5.
The
section
of
this
division
amending
section
47
724.29A.
48
6.
The
applicability
section
of
this
division.
49
Sec.
139.
APPLICABILITY.
The
section
of
this
50
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division
of
this
Act
amending
section
724.23
applies
1
to
holders
of
nonprofessional
permits
to
carry
weapons
2
and
permits
to
acquire
firearms
and
to
applicants
for
3
nonprofessional
permits
to
carry
weapons
and
permits
to
4
acquire
firearms
on
or
after
the
effective
date
of
that
5
section
of
this
division
of
this
Act.
6
DIVISION
XIV
7
STATUTE-OF-REPOSE
8
Sec.
140.
Section
614.1,
subsection
11,
Code
2015,
9
is
amended
to
read
as
follows:
10
11.
Improvements
to
real
property.
11
a.
Residential
construction.
In
addition
to
12
limitations
contained
elsewhere
in
this
section
,
an
13
action
arising
out
of
the
unsafe
or
defective
condition
14
of
an
improvement
to
real
property
residential
15
construction
based
on
tort
and
implied
warranty
and
16
for
contribution
and
indemnity,
and
founded
on
injury
17
to
property,
real
or
personal,
or
injury
to
the
person
18
or
wrongful
death,
shall
not
be
brought
more
than
19
fifteen
years
after
the
date
on
which
occurred
the
act
20
or
omission
of
the
defendant
alleged
in
the
action
to
21
have
been
the
cause
of
the
injury
or
death.
However,
22
this
subsection
paragraph
does
not
bar
an
action
23
against
a
person
solely
in
the
person’s
capacity
as
an
24
owner,
occupant,
or
operator
of
an
improvement
to
real
25
property.
26
b.
Nonresidential
construction.
In
addition
to
27
limitations
contained
elsewhere
in
this
section,
an
28
action
arising
out
of
the
unsafe
or
defective
condition
29
of
an
improvement
to
nonresidential
construction
based
30
on
tort
and
implied
warranty
and
for
contribution
and
31
indemnity,
and
founded
on
injury
to
property,
real
or
32
personal,
or
injury
to
the
person
or
wrongful
death,
33
shall
not
be
brought
more
than
ten
years
after
the
date
34
on
which
occurred
the
act
or
omission
of
the
defendant
35
alleged
in
the
action
to
have
been
the
cause
of
the
36
injury
or
death.
However,
this
paragraph
does
not
37
bar
an
action
against
a
person
solely
in
the
person’s
38
capacity
as
an
owner,
occupant,
or
operator
of
an
39
improvement
to
real
property.
40
c.
Definitions.
For
purposes
of
this
subsection,
41
“residential
construction”
means
the
same
as
defined
42
in
section
572.1.
“
Nonresidential
construction”
43
means
all
other
construction
that
is
not
residential
44
construction.
45
Sec.
141.
APPLICABILITY.
This
division
of
this
46
Act
does
not
apply
to
residential-construction
or
47
nonresidential-construction
projects
in
existence
prior
48
to
the
effective
date
of
this
division
of
this
Act.
49
DIVISION
XV
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EDUCATION
BUDGETING
MATTERS
1
Sec.
142.
Section
8.22A,
subsection
2,
Code
2015,
2
is
amended
to
read
as
follows:
3
2.
The
conference
shall
meet
as
often
as
deemed
4
necessary,
but
shall
meet
at
least
three
times
per
year
5
with
at
least
one
meeting
taking
place
each
year
in
6
March
.
The
conference
may
use
sources
of
information
7
deemed
appropriate.
At
each
meeting,
the
conference
8
shall
agree
to
estimates
for
the
current
fiscal
year
9
and
the
following
fiscal
year
for
the
general
fund
10
of
the
state,
lottery
revenues
to
be
available
for
11
disbursement,
and
from
gambling
revenues
and
from
12
interest
earned
on
the
cash
reserve
fund
and
the
13
economic
emergency
fund
to
be
deposited
in
the
rebuild
14
Iowa
infrastructure
fund.
At
the
meeting
taking
15
place
each
year
in
March,
in
addition
to
agreeing
to
16
estimates
for
the
current
fiscal
year
and
the
following
17
fiscal
year,
the
conference
shall
agree
to
estimates
18
for
the
fiscal
year
beginning
July
1
of
the
following
19
calendar
year.
Only
an
estimate
for
the
following
20
fiscal
year
agreed
to
by
the
conference
pursuant
to
21
subsection
3,
4,
or
5
,
shall
be
used
for
purposes
22
of
calculating
the
state
general
fund
expenditure
23
limitation
under
section
8.54
,
and
any
other
estimate
24
agreed
to
shall
be
considered
a
preliminary
estimate
25
that
shall
not
be
used
for
purposes
of
calculating
the
26
state
general
fund
expenditure
limitation.
27
Sec.
143.
Section
257.8,
subsections
1
and
2,
Code
28
2015,
are
amended
to
read
as
follows:
29
1.
State
percent
of
growth.
30
a.
The
state
percent
of
growth
for
the
budget
year
31
beginning
July
1,
2012,
is
two
percent.
The
state
32
percent
of
growth
for
the
budget
year
beginning
July
33
1,
2013,
is
two
percent.
The
state
percent
of
growth
34
for
the
budget
year
beginning
July
1,
2014,
is
four
35
percent.
36
b.
(1)
The
state
percent
of
growth
for
each
37
subsequent
budget
year
beginning
before
July
1,
2017,
38
shall
be
established
by
statute
which
shall
be
enacted
39
within
thirty
days
of
the
submission
in
the
year
40
preceding
the
base
year
of
the
governor’s
budget
under
41
section
8.21
.
42
(2)
The
state
percent
of
growth
for
each
subsequent
43
budget
year
beginning
on
or
after
July
1,
2017,
shall
44
be
established
by
statute
which
shall
be
enacted
during
45
the
regular
legislative
session
beginning
in
the
same
46
calendar
year
during
which
the
base
year
begins.
47
c.
The
establishment
of
the
state
percent
of
growth
48
for
a
budget
year
shall
be
the
only
subject
matter
of
49
the
bill
which
enacts
the
state
percent
of
growth
for
a
50
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budget
year.
1
2.
Categorical
state
percent
of
growth.
2
a.
The
categorical
state
percent
of
growth
for
the
3
budget
year
beginning
July
1,
2012,
is
two
percent.
4
The
categorical
state
percent
of
growth
for
the
budget
5
year
beginning
July
1,
2013,
is
two
percent.
The
6
categorical
state
percent
of
growth
for
the
budget
year
7
beginning
July
1,
2014,
is
four
percent.
8
b.
(1)
The
categorical
state
percent
of
growth
9
for
each
subsequent
budget
year
beginning
before
July
10
1,
2017,
shall
be
established
by
statute
which
shall
11
be
enacted
within
thirty
days
of
the
submission
in
the
12
year
preceding
the
base
year
of
the
governor’s
budget
13
under
section
8.21
.
14
(2)
The
categorical
state
percent
of
growth
for
15
each
subsequent
budget
year
beginning
on
or
after
July
16
1,
2017,
shall
be
established
by
statute
which
shall
17
be
enacted
during
the
regular
legislative
session
18
beginning
in
the
same
calendar
year
during
which
the
19
base
year
begins.
20
c.
The
establishment
of
the
categorical
state
21
percent
of
growth
for
a
budget
year
shall
be
the
only
22
subject
matter
of
the
bill
which
enacts
the
categorical
23
state
percent
of
growth
for
a
budget
year.
24
d.
The
categorical
state
percent
of
growth
may
25
include
state
percents
of
growth
for
the
teacher
salary
26
supplement,
the
professional
development
supplement,
27
the
early
intervention
supplement,
and
the
teacher
28
leadership
supplement.
29
DIVISION
XVI
30
HEALTH
CARRIER
DISCLOSURES
31
Sec.
144.
NEW
SECTION
.
514K.2
Health
carrier
32
disclosures
——
public
internet
sites.
33
1.
A
carrier
that
provides
small
group
health
34
coverage
pursuant
to
chapter
513B
or
individual
health
35
coverage
pursuant
to
chapter
513C
and
that
offers
36
for
sale
a
policy,
contract,
or
plan
that
covers
the
37
essential
health
benefits
required
pursuant
to
section
38
1302
of
the
federal
Patient
Protection
and
Affordable
39
Care
Act,
Pub.
L.
No.
111-148,
and
its
implementing
40
regulations,
shall
provide
to
each
of
its
enrollees
41
at
the
time
of
enrollment,
and
shall
make
available
42
to
prospective
enrollees
and
enrollees,
insurance
43
producers
licensed
under
chapter
522B,
and
the
general
44
public,
on
the
carrier’s
internet
site,
all
of
the
45
following
information
in
a
clear
and
understandable
46
form
for
use
in
comparing
policies,
contracts,
and
47
plans,
and
coverage
and
premiums:
48
a.
Any
exclusions
from
coverage
and
any
49
restrictions
on
the
use
or
quantity
of
covered
items
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and
services
in
each
category
of
benefits,
including
1
prescription
drugs
and
drugs
administered
by
a
2
physician
or
clinic.
3
b.
Any
items
or
services,
including
prescription
4
drugs,
that
have
a
coinsurance
requirement
where
the
5
cost-sharing
required
depends
on
the
cost
of
the
item
6
or
service.
7
c.
The
specific
prescription
drugs
available
on
8
the
carrier’s
formulary,
the
specific
prescription
9
drugs
covered
when
furnished
by
a
physician
or
clinic,
10
and
any
clinical
prerequisites
or
prior
authorization
11
requirements
for
coverage
of
the
drugs.
12
d.
The
specific
types
of
specialists
available
13
in
the
carrier’s
network
and
the
specific
physicians
14
included
in
the
carrier’s
network.
15
e.
The
process
for
an
enrollee
to
appeal
a
16
carrier’s
denial
of
coverage
of
an
item
or
service
17
prescribed
or
ordered
by
the
enrollee’s
treating
18
physician.
19
f.
How
medications
will
specifically
be
included
20
in
or
excluded
from
the
deductible,
including
a
21
description
of
all
out-of-pocket
costs
that
may
not
22
apply
to
the
deductible
for
a
prescription
drug.
23
2.
The
commissioner
may
adopt
rules
pursuant
to
24
chapter
17A
to
administer
this
section.
25
3.
The
commissioner
may
impose
any
of
the
sanctions
26
provided
under
chapter
507B
for
a
violation
of
this
27
section.
28
Sec.
145.
NEW
SECTION
.
514K.3
Health
care
plan
29
internal
appeals
process
——
disclosure
requirements.
30
1.
A
carrier
that
provides
small
group
health
31
coverage
pursuant
to
chapter
513B
or
individual
32
health
coverage
pursuant
to
chapter
513C
through
the
33
issuance
of
nongrandfathered
health
plans
as
defined
34
in
section
1251
of
the
federal
Patient
Protection
35
and
Affordable
Care
Act,
Pub.
L.
No.
111-148,
and
36
in
45
C.F.R.
§147.140,
shall
implement
and
maintain
37
procedures
for
carrying
out
an
effective
internal
38
claims
and
appeals
process
that
meets
the
requirements
39
established
pursuant
to
section
2719
of
the
federal
40
Public
Health
Service
Act,
42
U.S.C.
§300gg-19,
and
45
41
C.F.R.
§147.136.
The
procedures
shall
include
but
are
42
not
limited
to
all
of
the
following:
43
a.
Expedited
notification
to
enrollees
of
benefit
44
determinations
involving
urgent
care.
45
b.
Full
and
fair
internal
review
of
claims
and
46
appeals.
47
c.
Avoidance
of
conflicts
of
interest.
48
d.
Sufficient
notice
to
enrollees,
including
a
49
description
of
available
internal
claims
and
appeals
50
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procedures,
as
well
as
information
about
how
to
1
initiate
an
appeal
of
a
denial
of
coverage.
2
2.
a.
A
carrier
that
provides
health
coverage
3
as
described
in
subsection
1
shall
maintain
written
4
records
of
all
requests
for
internal
claims
and
appeals
5
that
are
received
and
for
which
internal
review
was
6
performed
during
each
calendar
year.
Such
records
7
shall
be
maintained
for
at
least
three
years.
8
b.
A
carrier
that
provides
health
coverage
9
as
described
in
subsection
1
shall
submit
to
the
10
commissioner,
upon
request,
a
report
that
includes
all
11
of
the
following:
12
(1)
The
total
number
of
requests
for
internal
13
review
of
claims
and
appeals
that
are
received
by
the
14
carrier
each
year.
15
(2)
The
average
length
of
time
for
resolution
of
16
each
request
for
internal
review
of
a
claim
or
appeal.
17
(3)
A
summary
of
the
types
of
coverage
or
cases
18
for
which
internal
review
of
a
claim
or
appeal
was
19
requested.
20
(4)
Any
other
information
required
by
the
21
commissioner
in
a
format
specified
by
rule.
22
3.
A
carrier
that
provides
health
coverage
as
23
described
in
subsection
1
shall
make
available
to
24
consumers
written
notice
of
the
carrier’s
internal
25
claims
and
appeals
and
internal
review
procedures
26
and
shall
maintain
a
toll-free
consumer-assistance
27
telephone
helpline
that
offers
consumers
assistance
28
with
the
carrier’s
internal
claims
and
appeals
and
29
internal
review
procedures,
including
how
to
initiate,
30
complete,
or
submit
a
claim
or
appeal.
31
4.
The
commissioner
may
adopt
rules
pursuant
to
32
chapter
17A
to
administer
this
section.
33
Sec.
146.
APPLICABILITY.
This
division
of
this
Act
34
is
applicable
to
health
insurance
policies,
contracts,
35
or
plans
that
are
delivered,
issued
for
delivery,
36
continued,
or
renewed
on
or
after
January
1,
2016.
37
DIVISION
XVII
38
PUBLIC
IMPROVEMENT
LOCATION
AND
UNUSED
PORTION
OF
39
CONDEMNED
PROPERTY
40
Sec.
147.
Section
6B.2C,
Code
2015,
is
amended
to
41
read
as
follows:
42
6B.2C
Approval
of
the
public
improvement.
43
The
authority
to
condemn
is
not
conferred,
and
the
44
condemnation
proceedings
shall
not
commence,
unless
45
the
governing
body
for
the
acquiring
agency
approves
46
a
preliminary
or
final
route
or
site
location
of
47
the
proposed
public
improvement,
approves
the
use
of
48
condemnation
,
and
finds
that
there
is
a
reasonable
49
expectation
the
applicant
will
be
able
to
achieve
its
50
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public
purpose,
comply
with
all
applicable
standards,
1
and
obtain
the
necessary
permits.
2
Sec.
148.
Section
6B.56,
subsection
1,
Code
2015,
3
is
amended
to
read
as
follows:
4
1.
If
all
or
a
portion
of
real
property
condemned
5
pursuant
to
this
chapter
is
not
used
for
the
purpose
6
stated
in
the
application
filed
pursuant
to
section
7
6B.3
and
the
acquiring
agency
seeks
to
dispose
of
8
the
unused
real
property,
the
acquiring
agency
shall
9
first
offer
the
unused
real
property
for
sale
to
the
10
prior
owner
of
the
condemned
property
as
provided
in
11
this
section
.
If
real
property
condemned
pursuant
to
12
this
chapter
is
used
for
the
purpose
stated
in
the
13
application
filed
pursuant
to
section
6B.3
and
the
14
acquiring
agency
seeks
to
dispose
of
the
real
property
15
by
sale
to
a
private
person
or
entity
within
five
years
16
after
acquisition
of
the
property,
the
acquiring
agency
17
shall
first
offer
the
property
for
sale
to
the
prior
18
owner
of
the
condemned
property
as
provided
in
this
19
section
.
For
purposes
of
this
section
,
the
prior
owner
20
of
the
real
property
includes
the
successor
in
interest
21
of
the
real
property.
22
Sec.
149.
Section
6B.56,
subsection
2,
paragraph
a,
23
Code
2015,
is
amended
to
read
as
follows:
24
a.
Before
the
real
property
described
in
subsection
25
1
may
be
offered
for
sale
to
the
general
public,
26
the
acquiring
agency
shall
notify
the
prior
owner
27
of
the
such
real
property
condemned
in
writing
of
28
the
acquiring
agency’s
intent
to
dispose
of
the
real
29
property,
of
the
current
appraised
value
of
the
real
30
property
to
be
offered
for
sale
,
and
of
the
prior
31
owner’s
right
to
purchase
the
real
property
to
be
32
offered
for
sale
within
sixty
days
from
the
date
33
the
notice
is
served
at
a
price
equal
to
the
current
34
appraised
value
of
the
real
property
to
be
offered
for
35
sale
or
the
fair
market
value
of
the
property
to
be
36
offered
for
sale
at
the
time
it
was
acquired
by
the
37
acquiring
agency
from
the
prior
owner
plus
cleanup
38
costs
incurred
by
the
acquiring
agency
for
the
property
39
to
be
offered
for
sale
,
whichever
is
less.
However,
40
the
current
appraised
value
of
the
real
property
to
be
41
offered
for
sale
shall
be
the
purchase
price
to
be
paid
42
by
the
previous
owner
if
any
other
amount
would
result
43
in
a
loss
of
federal
funding
for
projects
funded
in
44
whole
or
in
part
with
federal
funds.
The
notice
sent
45
by
the
acquiring
agency
as
provided
in
this
subsection
46
shall
be
filed
with
the
office
of
the
recorder
in
the
47
county
in
which
the
real
property
is
located.
48
Sec.
150.
Section
6B.56A,
subsection
1,
Code
2015,
49
is
amended
to
read
as
follows:
50
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1.
When
five
years
have
elapsed
since
property
was
1
condemned
and
all
or
a
portion
of
the
property
has
not
2
been
used
for
the
purpose
stated
in
the
application
3
filed
pursuant
to
section
6B.3
,
and
the
acquiring
4
agency
has
not
taken
action
to
dispose
of
the
unused
5
property
pursuant
to
section
6B.56
,
the
acquiring
6
agency
shall,
within
sixty
days,
adopt
a
resolution
7
reaffirming
the
purpose
for
which
the
property
will
be
8
used
or
offering
the
property
for
sale
to
the
prior
9
owner
at
a
price
as
provided
in
section
6B.56
.
If
the
10
resolution
adopted
approves
an
offer
of
sale
to
the
11
prior
owner,
the
offer
shall
be
made
in
writing
and
12
mailed
by
certified
mail
to
the
prior
owner.
The
prior
13
owner
has
one
hundred
eighty
days
after
the
offer
is
14
mailed
to
purchase
the
property
from
the
acquiring
15
agency.
16
Sec.
151.
APPLICABILITY.
The
section
of
this
17
division
of
this
Act
amending
section
6B.2C
applies
to
18
public
improvement
projects
for
which
an
application
19
under
section
6B.3
is
filed
on
or
after
July
1,
2015.
20
Sec.
152.
APPLICABILITY.
The
sections
of
this
21
division
of
this
Act
amending
sections
6B.56
and
6B.56A
22
apply
to
public
improvement
projects
for
which
an
23
application
under
section
6B.3
is
filed
before,
on,
or
24
after
July
1,
2015.
25
DIVISION
XVIII
26
CONDEMNATION
FOR
CREATION
OF
A
LAKE
——
NUMBER
OF
ACRES
27
Sec.
153.
Section
6A.22,
subsection
2,
paragraph
c,
28
subparagraph
(1),
subparagraph
division
(b),
Code
2015,
29
is
amended
to
read
as
follows:
30
(b)
(i)
For
purposes
of
this
subparagraph
(1),
31
“number
of
acres
justified
as
necessary
for
a
surface
32
drinking
water
source”
means
according
to
guidelines
of
33
the
United
States
natural
resource
conservation
service
34
and
according
to
analyses
of
surface
drinking
water
35
capacity
needs
conducted
by
one
or
more
registered
36
professional
engineers.
37
(ii)
For
condemnation
proceedings
for
which
the
38
application
pursuant
to
section
6B.3
was
filed
after
39
January
1,
2013,
for
condemnation
of
property
located
40
in
a
county
with
a
population
of
greater
than
nine
41
thousand
two
hundred
fifty
but
less
than
nine
thousand
42
three
hundred,
according
to
the
2010
federal
decennial
43
census,
which
property
was
in
whole
or
in
part
subject
44
to
an
action
under
section
6A.24
for
which
the
petition
45
under
section
6A.24
was
filed
after
January
1,
2013,
46
but
before
January
1,
2014,
“number
of
acres
justified
47
as
necessary
for
a
surface
drinking
water
source”
,
as
48
determined
under
subparagraph
subdivision
(i)
shall
49
not
exceed
the
number
of
acres
that
would
be
necessary
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to
provide
the
amount
of
drinking
water
to
meet
the
1
needs
of
a
population
equal
to
the
population
of
the
2
county
where
the
lake
is
to
be
developed
or
created,
3
according
to
the
most
recent
federal
decennial
census.
4
However,
if
the
population
of
the
county
where
the
5
lake
is
to
be
developed
or
created
increased
from
the
6
federal
decennial
census
immediately
preceding
the
7
most
recent
federal
decennial
census,
the
“number
of
8
acres
justified
as
necessary
for
a
surface
drinking
9
water
source”
shall
not
exceed
the
number
of
acres
that
10
would
be
necessary
to
provide
the
amount
of
drinking
11
water
to
meet
the
needs
of
a
population
equal
to
the
12
product
of
one
plus
the
percentage
increase
in
the
13
population
of
the
county
between
the
two
most
recent
14
federal
decennial
censuses
multiplied
by
the
county’s
15
population
according
to
the
most
recent
federal
16
decennial
census.
17
Sec.
154.
EFFECTIVE
UPON
ENACTMENT.
This
division
18
of
this
Act,
being
deemed
of
immediate
importance,
19
takes
effect
upon
enactment.
20
DIVISION
XIX
21
CONDEMNATION
FOR
CREATION
OF
A
LAKE
——
EXISTING
SOURCES
22
Sec.
155.
Section
6A.22,
subsection
2,
paragraph
c,
23
subparagraph
(1),
Code
2015,
is
amended
by
adding
the
24
following
new
subparagraph
division:
25
NEW
SUBPARAGRAPH
DIVISION
.
(0b)
For
condemnation
26
of
property
located
in
a
county
with
a
population
27
of
greater
than
nine
thousand
two
hundred
fifty
but
28
less
than
nine
thousand
three
hundred,
according
to
29
the
2010
federal
decennial
census,
prior
to
making
30
a
determination
that
development
or
creation
of
a
31
lake
as
a
surface
drinking
water
source
is
reasonable
32
and
necessary,
the
acquiring
agency
shall
conduct
a
33
review
of
feasible
alternatives
to
development
or
34
creation
of
a
lake
as
a
surface
drinking
water
source.
35
An
acquiring
agency
shall
not
have
the
authority
36
to
condemn
private
property
for
the
development
or
37
creation
of
a
lake
as
a
surface
drinking
water
source
38
if
one
or
more
feasible
alternatives
to
provision
of
39
a
drinking
water
source
exist.
An
alternative
that
40
results
in
the
physical
expansion
of
an
existing
41
drinking
water
source
is
presumed
to
be
a
feasible
42
alternative
to
development
or
creation
of
a
lake
as
43
a
surface
drinking
water
source.
An
alternative
that
44
supplies
drinking
water
by
pipeline
or
other
method
of
45
transportation
or
transmission
from
an
existing
source
46
located
within
or
outside
this
state
at
a
reasonable
47
cost
is
a
feasible
alternative
to
development
or
48
creation
of
a
lake
as
a
surface
drinking
water
source.
49
If
private
property
is
to
be
condemned
for
development
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or
creation
of
a
lake,
only
that
number
of
acres
1
justified
as
necessary
for
a
surface
drinking
water
2
source,
and
not
otherwise
acquired,
may
be
condemned.
3
Development
or
creation
of
a
lake
as
a
surface
drinking
4
water
source
includes
all
of
the
following:
5
(i)
Construction
of
the
dam,
including
sites
for
6
suitable
borrow
material
and
the
auxiliary
spillway.
7
(ii)
The
water
supply
pool.
8
(iii)
The
sediment
pool.
9
(iv)
The
flood
control
pool.
10
(v)
The
floodwater
retarding
pool.
11
(vi)
The
surrounding
area
upstream
of
the
dam
12
no
higher
in
elevation
than
the
top
of
the
dam’s
13
elevation.
14
(vii)
The
appropriate
setback
distance
required
15
by
state
or
federal
laws
and
regulations
to
protect
16
drinking
water
supply.
17
Sec.
156.
Section
6A.24,
subsection
3,
Code
2015,
18
is
amended
to
read
as
follows:
19
3.
For
any
action
brought
under
this
section
,
20
the
burden
of
proof
shall
be
on
the
acquiring
agency
21
to
prove
by
a
preponderance
of
the
evidence
that
22
the
finding
of
public
use,
public
purpose,
or
public
23
improvement
meets
the
definition
of
those
terms.
24
However,
for
any
action
brought
under
this
section
25
that
involves
property
described
in
section
6A.22,
26
subsection
2,
paragraph
“c”
,
subparagraph
(1),
27
subparagraph
division
(0b),
the
burden
of
proof
shall
28
be
on
the
acquiring
agency
to
prove
by
clear
and
29
convincing
evidence
that
no
feasible
alternatives
30
to
provision
of
a
drinking
water
source
exist.
If
a
31
property
owner
or
a
contract
purchaser
of
record
or
a
32
tenant
occupying
the
property
under
a
recorded
lease
33
prevails
in
an
action
brought
under
this
section
,
the
34
acquiring
agency
shall
be
required
to
pay
the
costs,
35
including
reasonable
attorney
fees,
of
the
adverse
36
party.
37
Sec.
157.
EFFECTIVE
UPON
ENACTMENT.
This
division
38
of
this
Act,
being
deemed
of
immediate
importance,
39
takes
effect
upon
enactment.
40
Sec.
158.
APPLICABILITY.
This
division
of
this
Act
41
applies
to
projects
or
condemnation
proceedings
pending
42
or
commenced
on
or
after
the
effective
date
of
this
43
division
of
this
Act.
44
DIVISION
XX
45
DISPOSITION
OF
CONDEMNED
PROPERTY
46
Sec.
159.
Section
6B.56A,
subsection
4,
Code
2015,
47
is
amended
to
read
as
follows:
48
4.
This
section
does
not
apply
to
property
acquired
49
for
street
and
highway
projects
undertaken
by
the
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state,
a
county,
or
a
city
or
to
property
that
is
1
subject
to
the
disposition
of
property
requirements
2
under
section
6B.56B
.
3
Sec.
160.
NEW
SECTION
.
6B.56B
Disposition
of
4
condemned
property
——
lake
creation.
5
1.
When
two
years
have
elapsed
since
property
was
6
condemned
for
the
creation
of
a
lake
according
to
the
7
requirements
of
section
6A.22,
subsection
2,
paragraph
8
“c”
,
subparagraph
(1),
subparagraph
division
(0b),
and
9
the
property
has
not
been
used
for
the
purpose
stated
10
in
the
application
filed
pursuant
to
section
6B.3,
and
11
the
acquiring
agency
has
not
taken
action
to
dispose
of
12
the
property
pursuant
to
section
6B.56,
the
acquiring
13
agency
shall,
within
sixty
days,
adopt
a
resolution
14
offering
the
property
for
sale
to
the
prior
owner
at
a
15
price
as
provided
in
section
6B.56.
If
the
resolution
16
adopted
approves
an
offer
of
sale
to
the
prior
owner,
17
the
offer
shall
be
made
in
writing
and
mailed
by
18
certified
mail
to
the
prior
owner.
The
prior
owner
has
19
one
hundred
eighty
days
after
the
offer
is
mailed
to
20
purchase
the
property
from
the
acquiring
agency.
21
2.
If
the
acquiring
agency
has
not
adopted
a
22
resolution
described
in
subsection
1
within
the
23
sixty-day
time
period,
the
prior
owner
may,
in
writing,
24
petition
the
acquiring
agency
to
offer
the
property
25
for
sale
to
the
prior
owner
at
a
price
as
provided
in
26
section
6B.56.
Within
sixty
days
after
receipt
of
27
such
a
petition,
the
acquiring
agency
shall
adopt
a
28
resolution
described
in
subsection
1.
If
the
acquiring
29
agency
does
not
adopt
such
a
resolution
within
sixty
30
days
after
receipt
of
the
petition,
the
acquiring
31
agency
is
deemed
to
have
offered
the
property
for
sale
32
to
the
prior
owner.
33
3.
The
acquiring
agency
shall
give
written
notice
34
to
the
owner
of
the
right
to
purchase
the
property
35
under
this
section
at
the
time
damages
are
paid
to
the
36
owner.
37
Sec.
161.
EFFECTIVE
UPON
ENACTMENT.
This
division
38
of
this
Act,
being
deemed
of
immediate
importance,
39
takes
effect
upon
enactment.
40
Sec.
162.
APPLICABILITY.
This
division
of
this
Act
41
applies
to
projects
or
condemnation
proceedings
pending
42
or
commenced
on
or
after
the
effective
date
of
this
43
division
of
this
Act.
44
DIVISION
XXI
45
RENEWABLE
CHEMICAL
PRODUCTION
TAX
CREDIT
46
Sec.
163.
Section
15.119,
subsection
2,
Code
2015,
47
is
amended
by
adding
the
following
new
paragraph:
48
NEW
PARAGRAPH
.
h.
The
renewable
chemical
49
production
tax
credit
program
administered
pursuant
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to
sections
15.315
through
15.320.
In
allocating
tax
1
credits
pursuant
to
this
subsection,
the
authority
2
shall
not
allocate
more
than
fifteen
million
dollars
3
for
purposes
of
this
paragraph.
4
Sec.
164.
NEW
SECTION
.
15.315
Short
title.
5
This
part
shall
be
known
and
may
be
cited
as
the
6
“Renewable
Chemical
Production
Tax
Credit
Program”
.
7
Sec.
165.
NEW
SECTION
.
15.316
Definitions.
8
As
used
in
this
part,
unless
the
context
otherwise
9
requires:
10
1.
“Biobased
content
percentage”
means,
with
respect
11
to
any
renewable
chemical,
the
amount,
expressed
as
a
12
percentage,
of
renewable
organic
material
present
as
13
determined
by
testing
representative
samples
using
the
14
American
society
for
testing
and
materials
standard
15
D6866.
16
2.
“Biomass
feedstock”
means
sugar,
polysaccharide,
17
glycerin,
lignin,
fat,
grease,
or
oil
derived
from
18
a
plant
or
animal,
or
a
protein
capable
of
being
19
converted
to
a
building
block
chemical
by
means
of
a
20
biological
or
chemical
conversion
process.
21
3.
“Building
block
chemical”
means
a
molecule
22
converted
from
biomass
feedstock
as
a
first
product
23
or
a
secondarily
derived
product
that
can
be
further
24
refined
into
a
higher-value
chemical,
material,
or
25
consumer
product.
“Building
block
chemical”
includes
26
but
is
not
limited
to
glycerol,
methanoic
or
formic
27
acid,
arabonic
acid,
erythonic
acid,
glyceric
acid,
28
glycolic
acid,
lactic
acid,
3-hydroxypropionate,
29
propionic
acid,
malonic
acid,
serine,
succinic
30
acid,
fumaric
acid,
malic
acid,
aspartic
acid,
31
3-hydroxybutyrolactone,
acetoin,
threonine,
itaconic
32
acid,
furfural,
levulinic
acid,
glutamic
acid,
xylonic
33
acid,
xylaric
acid,
xylitol,
arabitol,
citric
acid,
34
aconitic
acid,
5-hydroxymethylfurfural,
lysine,
35
gluconic
acid,
glucaric
acid,
sorbitol,
gallic
acid,
36
ferulic
acid,
nonfuel
butanol,
nonfuel
ethanol,
a
37
polymer
or
gum
that
can
be
produced
directly
from
a
38
protein-based
biomass
feedstock,
or
such
additional
39
molecules
as
may
be
included
by
the
authority
by
rule.
40
4.
“Eligible
business”
means
a
business
meeting
the
41
requirements
of
section
15.317.
42
5.
“Food
additive”
means
a
building
block
chemical
43
that
is
not
primarily
consumed
as
food
but
which,
when
44
combined
with
other
components,
improves
the
taste,
45
appearance,
odor,
texture,
or
nutritional
content
46
of
food.
The
authority,
in
its
discretion,
shall
47
determine
whether
or
not
a
building
block
chemical
is
48
primarily
consumed
as
food.
49
6.
“Program”
means
the
renewable
chemical
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production
tax
credit
program
administered
pursuant
to
1
this
part.
2
7.
“Renewable
chemical”
means
a
building
block
3
chemical
with
a
biobased
content
percentage
of
at
least
4
fifty
percent.
“Renewable
chemical”
does
not
include
a
5
chemical
sold
or
used
for
the
production
of
food,
feed,
6
or
fuel.
“Renewable
chemical”
includes
cellulosic
7
ethanol,
starch
ethanol,
or
other
ethanol
derived
8
from
biomass
feedstock,
fatty
acid
methyl
esters,
or
9
butanol,
but
only
to
the
extent
that
such
molecules
10
are
produced
and
sold
for
uses
other
than
food,
11
feed,
or
fuel.
“Renewable
chemical”
also
includes
a
12
building
block
chemical
that
can
be
a
food
additive
as
13
long
as
the
building
block
chemical
is
not
primarily
14
consumed
as
food
and
is
also
sold
for
uses
other
than
15
food.
“Renewable
chemical”
also
includes
supplements,
16
vitamins,
nutraceuticals,
and
pharmaceuticals,
but
17
only
to
the
extent
that
such
molecules
do
not
provide
18
caloric
value
so
as
to
be
considered
sustenance
as
food
19
or
feed.
20
8.
“Sugar”
means
the
organic
compound
glucose,
21
fructose,
xylose,
arabinose,
lactose,
sucrose,
starch,
22
cellulose,
or
hemicellulose.
23
Sec.
166.
NEW
SECTION
.
15.317
Eligibility
24
requirements.
25
To
be
eligible
to
receive
the
renewable
chemical
26
production
tax
credit
pursuant
to
the
program,
a
27
business
shall
meet
all
of
the
following
requirements:
28
1.
The
business
is
physically
located
in
this
29
state.
30
2.
The
business
is
operated
for
profit
and
under
31
single
management.
32
3.
The
business
is
not
an
entity
providing
33
professional
services,
health
care
services,
or
medical
34
treatments
or
an
entity
engaged
primarily
in
retail
35
operations.
36
4.
The
business
organized,
expanded,
or
located
37
in
the
state
on
or
after
the
effective
date
of
this
38
division
of
this
Act.
39
5.
The
business
shall
not
be
relocating
or
40
reducing
operations
as
described
in
section
15.329,
41
subsection
1,
paragraph
“b”
,
and
as
determined
under
42
the
discretion
of
the
authority.
43
6.
The
business
is
in
compliance
with
all
44
agreements
entered
into
under
this
program
or
other
45
programs
administered
by
the
authority.
46
Sec.
167.
NEW
SECTION
.
15.318
Eligible
business
47
application
and
agreement
——
maximum
tax
credits.
48
1.
Application.
49
a.
An
eligible
business
that
produces
a
renewable
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chemical
in
this
state
from
biomass
feedstock
during
1
a
calendar
year
may
apply
to
the
authority
for
the
2
renewable
chemical
production
tax
credit
provided
in
3
section
15.319.
4
b.
The
application
shall
be
made
to
the
authority
5
in
the
manner
prescribed
by
the
authority.
6
c.
The
application
shall
be
made
during
the
7
calendar
year
following
the
calendar
year
in
which
the
8
renewable
chemicals
are
produced.
9
d.
The
authority
may
accept
applications
on
a
10
continuous
basis
or
may
establish,
by
rule,
an
annual
11
application
deadline.
12
e.
The
application
shall
include
all
of
the
13
following
information:
14
(1)
The
amount
of
renewable
chemicals
produced
15
in
the
state
from
biomass
feedstock
by
the
eligible
16
business
during
the
calendar
year,
measured
in
pounds.
17
(2)
Any
other
information
reasonably
required
18
by
the
authority
in
order
to
establish
and
verify
19
eligibility
under
the
program.
20
2.
Agreement
and
fees.
21
a.
Before
being
issued
a
tax
credit
under
section
22
15.319,
an
eligible
business
shall
enter
into
an
23
agreement
with
the
authority
for
the
successful
24
completion
of
all
requirements
of
the
program.
25
b.
The
compliance
cost
fees
authorized
in
section
26
15.330,
subsection
12,
shall
apply
to
all
agreements
27
entered
into
under
this
program
and
shall
be
collected
28
by
the
authority
in
the
same
manner
and
to
the
same
29
extent
as
described
in
that
subsection.
30
c.
An
eligible
business
shall
fulfill
all
the
31
requirements
of
the
program
and
the
agreement
before
32
receiving
a
tax
credit
or
entering
into
a
subsequent
33
agreement
under
this
section.
The
authority
may
34
decline
to
enter
into
a
subsequent
agreement
under
this
35
section
or
issue
a
tax
credit
if
an
agreement
is
not
36
successfully
fulfilled.
37
d.
Upon
establishing
that
all
requirements
of
the
38
program
and
the
agreement
have
been
fulfilled,
the
39
authority
shall
issue
a
tax
credit
and
related
tax
40
credit
certificate
to
the
eligible
business
stating
41
the
amount
of
renewable
chemical
production
tax
credit
42
under
section
15.319
the
eligible
business
may
claim.
43
3.
Maximum
tax
credit
amount.
44
a.
The
maximum
amount
of
tax
credit
that
may
be
45
issued
under
section
15.319
to
an
eligible
business
for
46
the
production
of
renewable
chemicals
in
a
calendar
47
year
shall
not
exceed
the
following:
48
(1)
In
the
case
of
an
eligible
business
that
has
49
been
in
operation
in
the
state
for
five
years
or
less
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at
the
time
of
the
application,
one
million
dollars.
1
(2)
In
the
case
of
an
eligible
business
that
has
2
been
in
operation
in
the
state
for
more
than
five
years
3
at
the
time
of
the
application,
five
hundred
thousand
4
dollars.
5
b.
An
eligible
business
shall
not
receive
a
tax
6
credit
for
renewable
chemicals
produced
before
the
date
7
the
business
first
qualified
as
an
eligible
business
8
pursuant
to
section
15.317.
9
c.
An
eligible
business
shall
not
receive
more
than
10
five
tax
credits
under
the
program.
11
d.
The
authority
shall
issue
tax
credits
under
12
the
program
on
a
first-come,
first-served
basis
until
13
the
maximum
amount
of
tax
credits
allocated
pursuant
14
to
section
15.119,
subsection
2,
paragraph
“h”
,
is
15
reached.
The
authority
shall
maintain
a
list
of
16
successful
applicants
under
the
program,
so
that
if
17
the
maximum
aggregate
amount
of
tax
credits
is
reached
18
in
a
given
fiscal
year,
eligible
businesses
that
19
successfully
applied
but
for
which
tax
credits
were
not
20
issued
shall
be
placed
on
a
wait
list
in
the
order
the
21
eligible
businesses
applied
and
shall
be
given
priority
22
for
receiving
tax
credits
in
succeeding
fiscal
years.
23
Placement
on
a
wait
list
pursuant
to
this
paragraph
24
shall
not
constitute
a
promise
binding
the
state.
The
25
availability
of
a
tax
credit
and
issuance
of
a
tax
26
credit
certificate
pursuant
to
this
subsection
in
a
27
future
fiscal
year
is
contingent
upon
the
availability
28
of
tax
credits
in
that
particular
fiscal
year.
29
4.
Termination
and
repayment.
The
failure
by
an
30
eligible
business
in
fulfilling
any
requirement
of
31
the
program
or
any
of
the
terms
and
obligations
of
an
32
agreement
entered
into
pursuant
to
this
section
may
33
result
in
the
reduction,
termination,
or
recision
of
34
the
tax
credits
under
section
15.319
and
may
subject
35
the
eligible
business
to
the
repayment
or
recapture
36
of
tax
credits
claimed.
The
repayment
or
recapture
37
of
tax
credits
pursuant
to
this
subsection
shall
be
38
accomplished
in
the
same
manner
as
provided
in
section
39
15.330,
subsection
2.
40
5.
Confidentiality.
41
a.
Except
as
provided
in
paragraph
“b”
,
any
42
information
or
record
in
the
possession
of
the
43
authority
with
respect
to
the
program
shall
be
presumed
44
by
the
authority
to
be
a
trade
secret
protected
45
under
chapter
550
or
common
law
and
shall
be
kept
46
confidential
by
the
authority
unless
otherwise
ordered
47
by
a
court.
48
b.
The
identity
of
a
tax
credit
recipient
and
the
49
amount
of
the
tax
credit
shall
be
considered
public
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information
under
chapter
22.
1
Sec.
168.
NEW
SECTION
.
15.319
Renewable
chemical
2
production
tax
credit.
3
1.
An
eligible
business
that
has
entered
into
an
4
agreement
pursuant
to
section
15.318
may
claim
a
tax
5
credit
equal
to
the
product
of
five
cents
multiplied
by
6
the
number
of
pounds
of
renewable
chemicals
produced
7
in
this
state
from
biomass
feedstock
by
the
eligible
8
business
during
the
calendar
year.
However,
an
9
eligible
business
shall
not
receive
a
tax
credit
for
10
the
production
of
a
secondarily
derived
building
block
11
chemical
if
that
chemical
is
also
the
subject
of
a
12
credit
at
the
time
of
production
as
a
first
product.
13
The
renewable
chemical
production
tax
credit
shall
not
14
be
available
for
any
renewable
chemical
produced
before
15
the
2016
calendar
year,
or
after
the
2026
calendar
16
year.
17
2.
The
tax
credit
shall
be
allowed
against
taxes
18
imposed
under
chapter
422,
division
II
or
III.
19
3.
The
tax
credit
shall
be
claimed
for
the
tax
year
20
during
which
the
eligible
business
was
issued
the
tax
21
credit.
22
4.
An
individual
may
claim
a
tax
credit
under
this
23
section
of
a
partnership,
limited
liability
company,
S
24
corporation,
cooperative
organized
under
chapter
501
25
and
filing
as
a
partnership
for
federal
tax
purposes,
26
estate,
or
trust
electing
to
have
income
taxed
27
directly
to
the
individual.
The
amount
claimed
by
the
28
individual
shall
be
based
upon
the
pro
rata
share
of
29
the
individual’s
earnings
from
the
partnership,
limited
30
liability
company,
S
corporation,
cooperative,
estate,
31
or
trust.
32
5.
Any
tax
credit
in
excess
of
the
tax
liability
33
is
refundable.
In
lieu
of
claiming
a
refund,
the
34
taxpayer
may
elect
to
have
the
overpayment
shown
on
the
35
taxpayer’s
final,
completed
return
credited
to
the
tax
36
liability
for
the
following
tax
year.
37
6.
a.
To
claim
a
tax
credit
under
this
section,
38
a
taxpayer
shall
include
one
or
more
tax
credit
39
certificates
with
the
taxpayer’s
tax
return.
40
b.
The
tax
credit
certificate
shall
contain
the
41
taxpayer’s
name,
address,
tax
identification
number,
42
the
amount
of
the
credit,
the
name
of
the
eligible
43
business,
and
any
other
information
required
by
the
44
department
of
revenue.
45
c.
The
tax
credit
certificate,
unless
rescinded
46
by
the
authority,
shall
be
accepted
by
the
department
47
of
revenue
as
payment
for
taxes
imposed
pursuant
to
48
chapter
422,
divisions
II
and
III,
subject
to
any
49
conditions
or
restrictions
placed
by
the
authority
upon
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the
face
of
the
tax
credit
certificate
and
subject
to
1
the
limitations
of
the
program.
2
d.
Tax
credit
certificates
issued
pursuant
to
this
3
section
shall
not
be
transferred
to
any
other
person.
4
Sec.
169.
NEW
SECTION
.
15.320
Rules.
5
The
authority
and
the
department
of
revenue
shall
6
each
adopt
rules
as
necessary
for
the
implementation
7
and
administration
of
this
part.
8
Sec.
170.
NEW
SECTION
.
422.10A
Renewable
chemical
9
production
tax
credit.
10
The
taxes
imposed
under
this
division,
less
the
11
credits
allowed
under
section
422.12,
shall
be
reduced
12
by
a
renewable
chemical
production
tax
credit
allowed
13
under
section
15.319.
14
Sec.
171.
Section
422.33,
Code
2015,
is
amended
by
15
adding
the
following
new
subsection:
16
NEW
SUBSECTION
.
22.
The
taxes
imposed
under
this
17
division
shall
be
reduced
by
a
renewable
chemical
18
production
tax
credit
allowed
under
section
15.319.
19
Sec.
172.
TAX
CREDIT
CLAIMS.
Renewable
chemical
20
production
tax
credits
issued
pursuant
to
the
renewable
21
chemical
production
tax
credit
program
enacted
in
22
this
division
of
this
Act
shall
not
be
issued
by
23
the
economic
development
authority
prior
to
July
1,
24
2017,
and
shall
not
be
claimed
by
a
taxpayer
prior
to
25
September
1,
2017.
26
Sec.
173.
EFFECTIVE
UPON
ENACTMENT.
This
division
27
of
this
Act,
being
deemed
of
immediate
importance,
28
takes
effect
upon
enactment.
29
Sec.
174.
APPLICABILITY.
This
division
of
this
Act
30
applies
to
renewable
chemicals
produced
in
the
state
31
from
biomass
feedstock
on
or
after
January
1,
2016.
32
DIVISION
XXII
33
ANGEL
INVESTOR
TAX
CREDITS
34
Sec.
175.
Section
2.48,
subsection
3,
paragraph
35
d,
subparagraph
(1),
Code
2015,
is
amended
to
read
as
36
follows:
37
(1)
Tax
credits
for
investments
in
qualifying
38
businesses
and
community-based
seed
capital
funds
under
39
chapter
15E,
division
V
.
40
Sec.
176.
Section
15.119,
subsection
2,
paragraph
41
d,
Code
2015,
is
amended
to
read
as
follows:
42
d.
The
tax
credits
for
investments
in
qualifying
43
businesses
and
community-based
seed
capital
funds
44
issued
pursuant
to
section
15E.43
.
In
allocating
tax
45
credits
pursuant
to
this
subsection
,
the
authority
46
shall
allocate
two
million
dollars
for
purposes
of
this
47
paragraph,
unless
the
authority
determines
that
the
tax
48
credits
awarded
will
be
less
than
that
amount.
49
Sec.
177.
Section
15E.41,
Code
2015,
is
amended
by
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striking
the
section
and
inserting
in
lieu
thereof
the
1
following:
2
15E.41
Purpose.
3
The
purpose
of
this
division
is
to
stimulate
job
4
growth,
create
wealth,
and
accelerate
the
creation
5
of
new
ventures
by
using
investment
tax
credits
to
6
incentivize
the
transfer
of
capital
from
investors
to
7
entrepreneurs,
particularly
during
early-stage
growth.
8
Sec.
178.
Section
15E.42,
Code
2015,
is
amended
by
9
adding
the
following
new
subsection:
10
NEW
SUBSECTION
.
2A.
“Entrepreneurial
assistance
11
program”
includes
the
entrepreneur
investment
awards
12
program
administered
under
section
15E.362,
the
receipt
13
of
services
from
a
service
provider
engaged
pursuant
14
to
section
15.411,
subsection
1,
or
the
program
15
administered
under
section
15.411,
subsection
2.
16
Sec.
179.
Section
15E.42,
subsection
3,
Code
2015,
17
is
amended
to
read
as
follows:
18
3.
“Investor”
means
a
person
making
a
cash
19
investment
in
a
qualifying
business
or
in
a
20
community-based
seed
capital
fund
.
“Investor”
does
not
21
include
a
person
that
holds
at
least
a
seventy
percent
22
ownership
interest
as
an
owner,
member,
or
shareholder
23
in
a
qualifying
business.
24
Sec.
180.
Section
15E.42,
subsection
4,
Code
2015,
25
is
amended
by
striking
the
subsection.
26
Sec.
181.
Section
15E.43,
subsections
1
and
2,
Code
27
2015,
are
amended
to
read
as
follows:
28
1.
a.
For
tax
years
beginning
on
or
after
January
29
1,
2002
2015
,
a
tax
credit
shall
be
allowed
against
the
30
taxes
imposed
in
chapter
422,
divisions
II,
III,
and
V,
31
and
in
chapter
432,
and
against
the
moneys
and
credits
32
tax
imposed
in
section
533.329,
for
a
portion
of
a
33
taxpayer’s
equity
investment,
as
provided
in
subsection
34
2
,
in
a
qualifying
business
or
a
community-based
seed
35
capital
fund
.
36
b.
An
individual
may
claim
a
tax
credit
under
this
37
paragraph
section
of
a
partnership,
limited
liability
38
company,
S
corporation,
estate,
or
trust
electing
39
to
have
income
taxed
directly
to
the
individual.
40
The
amount
claimed
by
the
individual
shall
be
based
41
upon
the
pro
rata
share
of
the
individual’s
earnings
42
from
the
partnership,
limited
liability
company,
S
43
corporation,
estate,
or
trust.
44
b.
c.
A
tax
credit
shall
be
allowed
only
for
an
45
investment
made
in
the
form
of
cash
to
purchase
equity
46
in
a
qualifying
business
or
in
a
community-based
seed
47
capital
fund.
A
taxpayer
that
has
received
a
tax
48
credit
for
an
investment
in
a
community-based
seed
49
capital
fund
shall
not
claim
the
tax
credit
prior
to
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the
third
tax
year
following
the
tax
year
in
which
the
1
investment
is
made.
Any
tax
credit
in
excess
of
the
2
taxpayer’s
liability
for
the
tax
year
may
be
credited
3
to
the
tax
liability
for
the
following
five
years
or
4
until
depleted,
whichever
is
earlier.
A
tax
credit
5
shall
not
be
carried
back
to
a
tax
year
prior
to
the
6
tax
year
in
which
the
taxpayer
redeems
the
tax
credit
.
7
c.
In
the
case
of
a
tax
credit
allowed
against
the
8
taxes
imposed
in
chapter
422,
division
II
,
where
the
9
taxpayer
died
prior
to
redeeming
the
entire
tax
credit,
10
the
remaining
credit
can
be
redeemed
on
the
decedent’s
11
final
income
tax
return.
12
d.
For
a
tax
credit
claimed
against
the
taxes
13
imposed
in
chapter
422,
division
II,
any
tax
credit
in
14
excess
of
the
tax
liability
is
refundable.
In
lieu
of
15
claiming
a
refund,
the
taxpayer
may
elect
to
have
the
16
overpayment
shown
on
the
taxpayer’s
final,
completed
17
return
credited
to
the
tax
liability
for
the
following
18
tax
year.
For
a
tax
credit
claimed
against
the
taxes
19
imposed
in
chapter
422,
divisions
III
and
V,
and
in
20
chapter
432,
and
against
the
moneys
and
credits
tax
21
imposed
in
section
533.329,
any
tax
credit
in
excess
22
of
the
taxpayer’s
liability
for
the
tax
year
may
be
23
credited
to
the
tax
liability
for
the
following
three
24
years
or
until
depleted,
whichever
is
earlier.
A
tax
25
credit
shall
not
be
carried
back
to
a
tax
year
prior
26
to
the
tax
year
in
which
the
taxpayer
redeems
the
tax
27
credit.
28
2.
a.
A
The
amount
of
the
tax
credit
shall
equal
29
twenty
twenty-five
percent
of
the
taxpayer’s
equity
30
investment.
31
b.
The
maximum
amount
of
a
tax
credit
for
an
32
investment
by
an
investor
in
any
one
qualifying
33
business
shall
be
fifty
thousand
dollars.
Each
year,
34
an
investor
and
all
affiliates
of
the
investor
shall
35
not
claim
tax
credits
under
this
section
for
more
36
than
five
different
investments
in
five
different
37
qualifying
businesses
that
may
be
issued
per
calendar
38
year
to
a
natural
person
and
the
person’s
spouse
or
39
dependent
shall
not
exceed
one
hundred
thousand
dollars
40
combined.
For
purposes
of
this
paragraph,
a
tax
credit
41
issued
to
a
partnership,
limited
liability
company,
S
42
corporation,
estate,
or
trust
electing
to
have
income
43
taxed
directly
to
the
individual
shall
be
deemed
to
be
44
issued
to
the
individual
owners
based
upon
the
pro
rata
45
share
of
the
individual’s
earnings
from
the
entity.
46
For
purposes
of
this
paragraph,
“dependent”
has
the
47
same
meaning
as
provided
by
the
Internal
Revenue
Code
.
48
c.
The
maximum
amount
of
tax
credits
that
may
be
49
issued
per
calendar
year
for
equity
investments
in
any
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one
qualifying
business
shall
not
exceed
five
hundred
1
thousand
dollars.
2
Sec.
182.
Section
15E.43,
subsections
5
and
7,
Code
3
2015,
are
amended
to
read
as
follows:
4
5.
A
tax
credit
shall
not
be
transferable
5
transferred
to
any
other
taxpayer
person
.
6
7.
The
authority
shall
develop
a
system
for
7
registration
and
authorization
issuance
of
tax
credits
8
authorized
pursuant
to
this
division
and
shall
control
9
distribution
of
all
tax
credits
distributed
credit
10
certificates
to
investors
pursuant
to
this
division
.
11
The
authority
shall
develop
rules
for
the
qualification
12
and
administration
of
qualifying
businesses
and
13
community-based
seed
capital
funds
.
The
department
of
14
revenue
shall
adopt
these
criteria
as
administrative
15
rules
and
any
other
rules
pursuant
to
chapter
17A
as
16
necessary
for
the
administration
of
this
division
.
17
Sec.
183.
Section
15E.43,
subsections
6
and
8,
Code
18
2015,
are
amended
by
striking
the
subsections.
19
Sec.
184.
Section
15E.44,
subsection
2,
paragraph
20
c,
Code
2015,
is
amended
by
striking
the
paragraph
and
21
inserting
in
lieu
thereof
the
following:
22
c.
The
business
is
participating
in
an
23
entrepreneurial
assistance
program.
The
authority
may
24
waive
this
requirement
if
a
business
establishes
that
25
its
owners,
directors,
officers,
and
employees
have
an
26
appropriate
level
of
experience
such
that
participation
27
in
an
entrepreneurial
assistance
program
would
not
28
materially
change
the
prospects
of
the
business.
The
29
authority
may
consult
with
outside
service
providers
in
30
consideration
of
such
a
waiver.
31
Sec.
185.
Section
15E.44,
subsection
2,
paragraphs
32
e
and
f,
Code
2015,
are
amended
to
read
as
follows:
33
e.
The
business
shall
not
have
a
net
worth
that
34
exceeds
five
ten
million
dollars.
35
f.
The
business
shall
have
secured
all
of
the
36
following
at
the
time
of
application
for
tax
credits:
37
(1)
At
least
two
investors.
38
(2)
total
Total
equity
financing,
near
equity
39
financing,
binding
investment
commitments,
or
some
40
combination
thereof,
equal
to
at
least
two
hundred
41
fifty
five
hundred
thousand
dollars
,
from
investors.
42
For
purposes
of
this
subparagraph,
“investor”
includes
43
a
person
who
executes
a
binding
investment
commitment
44
to
a
business
.
45
Sec.
186.
Section
15E.46,
Code
2015,
is
amended
to
46
read
as
follows:
47
15E.46
Reports
Confidentiality
——
reports
.
48
1.
Except
as
provided
in
subsection
2,
all
49
information
or
records
in
the
possession
of
the
50
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authority
with
respect
to
this
division
shall
be
1
presumed
by
the
authority
to
be
a
trade
secret
2
protected
under
chapter
550
or
common
law
and
shall
be
3
kept
confidential
by
the
authority
unless
otherwise
4
ordered
by
a
court.
5
2.
All
of
the
following
shall
be
considered
public
6
information
under
chapter
22:
7
a.
The
identity
of
a
qualifying
business.
8
b.
The
identity
of
an
investor
and
the
qualifying
9
business
in
which
the
investor
made
an
equity
10
investment.
11
c.
The
number
of
tax
credit
certificates
issued
by
12
the
authority.
13
d.
The
total
dollar
amount
of
tax
credits
issued
by
14
the
authority.
15
3.
The
authority
shall
publish
an
annual
report
16
of
the
activities
conducted
pursuant
to
this
division
17
and
shall
submit
the
report
to
the
governor
and
the
18
general
assembly.
The
report
shall
include
a
listing
19
of
eligible
qualifying
businesses
and
the
number
of
20
tax
credit
certificates
and
the
amount
of
tax
credits
21
issued
by
the
authority.
22
Sec.
187.
Section
15E.52,
subsection
4,
Code
2015,
23
is
amended
to
read
as
follows:
24
4.
A
taxpayer
shall
not
claim
a
tax
credit
under
25
this
section
if
the
taxpayer
is
a
venture
capital
26
investment
fund
allocation
manager
for
the
Iowa
fund
27
of
funds
created
in
section
15E.65
or
an
investor
that
28
receives
a
tax
credit
for
the
same
investment
in
a
29
qualifying
business
as
described
in
section
15E.44
or
30
in
a
community-based
seed
capital
fund
as
described
in
31
section
15E.45
,
Code
2015
.
32
Sec.
188.
Section
422.11F,
subsection
1,
Code
2015,
33
is
amended
to
read
as
follows:
34
1.
The
taxes
imposed
under
this
division
,
less
35
the
credits
allowed
under
section
422.12
,
shall
be
36
reduced
by
an
investment
tax
credit
authorized
pursuant
37
to
section
15E.43
for
an
investment
in
a
qualifying
38
business
or
a
community-based
seed
capital
fund
.
39
Sec.
189.
Section
422.33,
subsection
12,
paragraph
40
a,
Code
2015,
is
amended
to
read
as
follows:
41
a.
The
taxes
imposed
under
this
division
shall
be
42
reduced
by
an
investment
tax
credit
authorized
pursuant
43
to
section
15E.43
for
an
investment
in
a
qualifying
44
business
or
a
community-based
seed
capital
fund
.
45
Sec.
190.
Section
422.60,
subsection
5,
paragraph
46
a,
Code
2015,
is
amended
to
read
as
follows:
47
a.
The
taxes
imposed
under
this
division
shall
be
48
reduced
by
an
investment
tax
credit
authorized
pursuant
49
to
section
15E.43
for
an
investment
in
a
qualifying
50
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business
or
a
community-based
seed
capital
fund
.
1
Sec.
191.
Section
432.12C,
subsection
1,
Code
2015,
2
is
amended
to
read
as
follows:
3
1.
The
tax
imposed
under
this
chapter
shall
be
4
reduced
by
an
investment
tax
credit
authorized
pursuant
5
to
section
15E.43
for
an
investment
in
a
qualifying
6
business
or
a
community-based
seed
capital
fund
.
7
Sec.
192.
REPEAL.
Section
15E.45,
Code
2015,
is
8
repealed.
9
Sec.
193.
TAX
CREDIT
CLAIMS.
Tax
credits
for
10
equity
investments
in
qualifying
businesses
made
on
11
or
after
the
effective
date
of
this
division
of
this
12
Act
shall
not
be
issued
by
the
economic
development
13
authority
prior
to
July
1,
2016,
and
shall
not
be
14
claimed
by
a
taxpayer
prior
to
September
1,
2016.
15
Sec.
194.
EFFECTIVE
UPON
ENACTMENT.
This
division
16
of
this
Act,
being
deemed
of
immediate
importance,
17
takes
effect
upon
enactment.
18
Sec.
195.
APPLICABILITY.
Unless
otherwise
provided
19
in
this
division
of
this
Act,
this
division
of
this
Act
20
applies
to
equity
investments
in
a
qualifying
business
21
made
on
or
after
the
effective
date
of
this
division
of
22
this
Act,
and
equity
investments
made
in
a
qualifying
23
business
or
community-based
seed
capital
fund
prior
to
24
the
effective
date
of
this
division
of
this
Act
shall
25
be
governed
by
sections
15E.41
through
15E.46,
422.11F,
26
422.33,
422.60,
432.12C,
and
533.329,
Code
2015.
27
Sec.
196.
APPLICABILITY.
The
sections
of
this
28
division
of
this
Act
amending
section
15E.44,
29
subsection
2,
apply
to
businesses
that
submit
an
30
application
to
the
economic
development
authority
to
31
be
registered
as
a
qualifying
business
on
or
after
32
the
effective
date
of
this
division
of
this
Act,
and
33
businesses
that
submit
an
application
to
the
economic
34
development
authority
to
be
registered
as
a
qualifying
35
business
before
the
effective
date
of
this
division
36
of
this
Act
shall
be
governed
by
section
15E.44,
37
subsection
2,
Code
2015.
38
DIVISION
XXIII
39
ENTREPRENEUR
INVESTMENT
AWARDS
PROGRAM
40
Sec.
197.
Section
15E.362,
Code
2015,
is
amended
by
41
striking
the
section
and
inserting
in
lieu
thereof
the
42
following:
43
15E.362
Entrepreneur
investment
awards
program.
44
1.
For
purposes
of
this
division,
unless
the
45
context
otherwise
requires:
46
a.
“Business
development
services”
includes
but
47
is
not
limited
to
corporate
development
services,
48
business
model
development
services,
business
planning
49
services,
marketing
services,
financial
strategies
and
50
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management
services,
mentoring
and
management
coaching,
1
and
networking
services.
2
b.
“Eligible
entrepreneurial
assistance
provider”
3
means
a
person
meeting
the
requirements
of
subsection
4
3.
5
c.
“Financial
assistance”
means
the
same
as
defined
6
in
section
15.327.
7
d.
“Program”
means
the
entrepreneur
investment
8
awards
program
administered
pursuant
to
this
division.
9
2.
The
authority
shall
establish
and
administer
10
an
entrepreneur
investment
awards
program
for
11
purposes
of
providing
financial
assistance
to
eligible
12
entrepreneurial
assistance
providers
that
provide
13
technical
and
financial
assistance
to
entrepreneurs
and
14
start-up
companies
seeking
to
create,
locate,
or
expand
15
a
business
in
the
state.
Financial
assistance
under
16
the
program
shall
be
provided
from
the
entrepreneur
17
investment
awards
program
fund
created
in
section
18
15E.363.
19
3.
In
order
to
be
eligible
for
financial
assistance
20
under
the
program
an
entrepreneurial
assistance
21
provider
must
meet
all
of
the
following
requirements:
22
a.
The
provider
must
have
its
principal
place
of
23
operations
located
in
this
state.
24
b.
The
provider
must
offer
a
comprehensive
set
25
of
business
development
services
to
emerging
and
26
early-stage
innovation
companies
to
assist
in
the
27
creation,
location,
growth,
and
long-term
success
of
28
the
company
in
this
state.
29
c.
The
business
development
services
may
be
30
performed
at
the
physical
location
of
the
provider
or
31
the
company.
32
d.
The
business
development
services
may
be
33
provided
in
consideration
of
equity
participation
in
34
the
company,
a
fee
for
services,
a
membership
agreement
35
with
the
company,
or
any
combination
thereof.
36
4.
Entrepreneurial
assistance
providers
may
apply
37
for
financial
assistance
under
the
program
in
the
38
manner
and
form
prescribed
by
the
authority.
39
5.
The
economic
development
authority
board
in
its
40
discretion
may
approve,
deny,
or
defer
each
application
41
for
financial
assistance
under
the
program
from
42
persons
it
determines
to
be
an
eligible
entrepreneurial
43
assistance
provider.
44
6.
Subject
to
subsection
7,
the
amount
of
financial
45
assistance
awarded
to
an
eligible
entrepreneurial
46
assistance
provider
shall
be
within
the
discretion
of
47
the
authority.
48
7.
a.
The
maximum
amount
of
financial
assistance
49
awarded
to
an
eligible
entrepreneurial
assistance
50
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provider
shall
not
exceed
two
hundred
thousand
dollars.
1
b.
The
maximum
amount
of
financial
assistance
2
provided
under
the
program
shall
not
exceed
one
million
3
dollars
in
a
fiscal
year.
4
8.
The
authority
shall
award
financial
assistance
5
on
a
competitive
basis.
In
making
awards
of
financial
6
assistance,
the
authority
may
develop
scoring
criteria
7
and
establish
minimum
requirements
for
the
receipt
of
8
financial
assistance
under
the
program.
In
making
9
awards
of
financial
assistance,
the
authority
may
10
consider
all
of
the
following:
11
a.
The
business
experience
of
the
professional
12
staff
employed
or
retained
by
the
eligible
13
entrepreneurial
assistance
provider.
14
b.
The
business
plan
review
capacity
of
the
15
professional
staff
of
the
eligible
entrepreneurial
16
assistance
provider.
17
c.
The
expertise
in
all
aspects
of
business
18
disciplines
of
the
professional
staff
of
the
eligible
19
entrepreneurial
assistance
provider.
20
d.
The
access
of
the
eligible
entrepreneurial
21
assistance
provider
to
external
service
providers,
22
including
legal,
accounting,
marketing,
and
financial
23
services.
24
e.
The
service
model
and
likelihood
of
success
of
25
the
eligible
entrepreneurial
assistance
provider
and
26
its
similarity
to
other
successful
entrepreneurial
27
assistance
providers
in
the
country.
28
f.
The
financial
need
of
the
eligible
29
entrepreneurial
assistance
provider.
30
9.
Financial
assistance
awarded
to
an
eligible
31
entrepreneurial
assistance
provider
shall
only
be
32
used
for
the
purpose
of
operating
costs
incurred
by
33
the
eligible
entrepreneurial
assistance
provider
in
34
providing
business
development
services
to
emerging
35
and
early-stage
innovation
companies
in
this
state.
36
Such
financial
assistance
shall
not
be
distributed
to
37
owners
or
investors
of
the
company
to
which
business
38
development
services
are
provided
and
shall
not
39
be
distributed
to
other
persons
assisting
with
the
40
provision
of
business
development
services
to
the
41
company.
42
10.
The
authority
may
contract
with
outside
service
43
providers
for
assistance
with
the
program
or
may
44
delegate
the
administration
of
the
program
to
the
Iowa
45
innovation
corporation
pursuant
to
section
15.106B.
46
11.
The
authority
may
make
client
referrals
to
47
eligible
entrepreneurial
assistance
providers.
48
Sec.
198.
Section
15E.363,
subsection
3,
Code
2015,
49
is
amended
to
read
as
follows:
50
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3.
The
Moneys
credited
to
the
fund
are
appropriated
1
to
the
authority
and
shall
be
used
to
provide
grants
2
under
the
entrepreneur
investment
awards
program
3
established
in
section
15E.362
financial
assistance
4
under
the
program
.
5
DIVISION
XXIV
6
WORKFORCE
HOUSING
TAX
INCENTIVES
PROGRAM
7
Sec.
199.
Section
15.354,
subsection
3,
paragraph
8
e,
Code
2015,
is
amended
to
read
as
follows:
9
e.
(1)
Upon
review
of
the
examination
and
10
verification
of
the
amount
of
the
qualifying
new
11
investment,
the
authority
may
issue
a
tax
credit
12
certificate
to
the
housing
business
stating
the
amount
13
of
workforce
housing
investment
tax
credits
under
14
section
15.355
the
eligible
housing
business
may
claim.
15
(2)
If
upon
review
of
the
examination
in
16
subparagraph
(1)
the
authority
determines
that
a
17
housing
project
has
incurred
project
costs
in
excess
of
18
the
amount
submitted
in
the
application
made
pursuant
19
to
subsection
1,
the
authority
shall
do
one
of
the
20
following:
21
(a)
If
the
project
costs
do
not
cause
the
housing
22
project’s
average
dwelling
unit
cost
to
exceed
the
23
applicable
maximum
amount
authorized
in
section
15.353,
24
subsection
3,
the
authority
may
consider
the
agreement
25
fulfilled
and
may
issue
a
tax
credit
certificate.
26
(b)
If
the
project
costs
cause
the
housing
27
project’s
average
dwelling
unit
cost
to
exceed
the
28
applicable
maximum
amount
authorized
in
section
29
15.353,
subsection
3,
but
does
not
cause
the
average
30
dwelling
unit
cost
to
exceed
one
hundred
ten
percent
31
of
such
applicable
maximum
amount,
the
authority
32
may
consider
the
agreement
fulfilled
and
may
issue
a
33
tax
credit
certificate.
In
such
case,
the
authority
34
shall
reduce
the
amount
of
tax
incentives
the
eligible
35
housing
project
may
claim
under
section
15.355,
36
subsections
2
and
3,
by
the
same
percentage
that
the
37
housing
project’s
average
dwelling
unit
cost
exceeds
38
the
applicable
maximum
amount
under
section
15.353,
39
subsection
3,
and
such
tax
incentive
reduction
shall
40
be
reflected
on
the
tax
credit
certificate.
If
41
the
authority
issues
a
certificate
pursuant
to
this
42
subparagraph
division,
the
department
of
revenue
shall
43
accept
the
certificate
notwithstanding
that
the
housing
44
project’s
average
dwelling
unit
costs
exceeds
the
45
maximum
amount
specified
in
section
15.353,
subsection
46
3.
47
(c)
If
the
project
costs
cause
the
housing
48
project’s
average
dwelling
unit
cost
to
exceed
one
49
hundred
ten
percent
of
the
applicable
maximum
amount
50
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authorized
in
15.353,
subsection
3,
the
authority
1
shall
determine
the
eligible
housing
business
to
be
in
2
default
under
the
agreement
and
shall
not
issue
a
tax
3
credit
certificate.
4
Sec.
200.
Section
15.355,
subsection
2,
Code
2015,
5
is
amended
to
read
as
follows:
6
2.
A
housing
business
may
claim
a
refund
of
the
7
sales
and
use
taxes
paid
under
chapter
423
that
are
8
directly
related
to
a
housing
project.
The
refund
9
available
pursuant
to
this
subsection
shall
be
as
10
provided
in
section
15.331A
to
the
extent
applicable
11
for
purposes
of
this
program
,
excluding
subsection
12
2,
paragraph
“c”
,
of
that
section
.
For
purposes
of
13
the
program,
the
term
“project
completion”
,
as
used
14
in
section
15.331A,
shall
mean
the
date
on
which
the
15
authority
notifies
the
department
of
revenue
that
all
16
applicable
requirements
of
an
agreement
entered
into
17
pursuant
to
section
15.354
are
satisfied.
18
Sec.
201.
EFFECTIVE
UPON
ENACTMENT.
This
division
19
of
this
Act,
being
deemed
of
immediate
importance,
20
takes
effect
upon
enactment.
21
Sec.
202.
RETROACTIVE
APPLICABILITY.
This
division
22
of
this
Act
applies
retroactively
to
May
30,
2014,
for
23
all
agreements
entered
into
pursuant
to
Code
section
24
15.354
on
or
after
that
date.
25
DIVISION
XXV
26
MISCELLANEOUS
CHANGES
TO
ECONOMIC
DEVELOPMENT
AUTHORITY
27
PROGRAMS
28
Sec.
203.
Section
15.293B,
subsection
4,
Code
2015,
29
is
amended
to
read
as
follows:
30
4.
A
registered
project
shall
be
completed
within
31
thirty
months
of
the
date
the
project
was
registered
32
unless
the
authority
,
upon
recommendation
of
the
33
council
and
approval
of
the
board,
provides
additional
34
time
to
complete
the
project.
A
project
shall
not
be
35
provided
more
than
twelve
months
of
additional
time.
36
If
the
registered
project
is
not
completed
within
the
37
time
required,
the
project
is
not
eligible
to
claim
a
38
tax
credit
provided
in
section
15.293A
.
39
Sec.
204.
SPECIAL
PROJECT
EXTENSION.
40
Notwithstanding
any
other
provision
of
law
to
the
41
contrary,
the
economic
development
authority
may
extend
42
the
project
completion
date
for
a
project
awarded
tax
43
incentives
under
both
the
redevelopment
tax
credit
44
program
in
sections
15.293A
and
15.293B
and
the
housing
45
enterprise
zone
tax
incentives
program
in
section
46
15E.193B,
Code
2014,
if
the
property
that
is
the
47
subject
of
the
project
suffered
a
catastrophic
fire
48
during
the
2014
calendar
year.
49
Sec.
205.
EFFECTIVE
UPON
ENACTMENT.
This
division
50
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of
this
Act,
being
deemed
of
immediate
importance,
1
takes
effect
upon
enactment.
2
Sec.
206.
RETROACTIVE
APPLICABILITY.
The
3
section
of
this
division
of
this
Act
amending
Code
4
section
15.293B
applies
retroactively
to
qualifying
5
redevelopment
project
agreements
entered
into
on
or
6
after
July
1,
2010,
for
which
a
request
for
a
project
7
extension
is
submitted
to
the
economic
development
8
authority
on
or
after
January
1,
2015.
9
DIVISION
XXVI
10
HOUSING
ENTERPRISE
TAX
CREDIT
11
Sec.
207.
2014
Iowa
Acts,
chapter
1130,
is
amended
12
by
adding
the
following
new
section:
13
NEW
SECTION
.
SEC.
41A.
Notwithstanding
the
section
14
of
this
Act
repealing
section
15E.193B,
the
economic
15
development
authority
may
enter
into
an
agreement
16
and
issue
housing
enterprise
tax
credits
to
a
housing
17
business
if
all
the
following
conditions
are
met:
18
1.
The
city
or
county
in
which
the
enterprise
19
zone
is
located
mailed,
or
caused
to
be
mailed,
the
20
necessary
program
application
forms
on
or
after
June
1,
21
2014,
and
prior
to
July
1,
2014,
but
the
applications
22
were
not
received
by
the
economic
development
23
authority.
The
economic
development
authority
may
24
accept
an
affidavit
by
a
city
to
confirm
timely
mailing
25
of
the
application
forms,
notwithstanding
section
26
622.105.
27
2.
The
application
forms
submitted
pursuant
to
28
subsection
1
were
approved
by
all
necessary
governing
29
bodies
and
commissions
of
the
city
or
county
as
30
required
by
chapter
15E,
division
XVIII,
Code
2014.
31
3.
The
economic
development
authority
determines
32
the
housing
business
would
otherwise
be
eligible
under
33
section
15E.193B,
Code
2014.
34
4.
The
city
or
county
and
the
eligible
housing
35
business
meet
all
other
requirements
of
the
housing
36
enterprise
tax
credit
program
under
chapter
15E,
37
division
XVIII,
Code
2014,
and
the
agreement
to
be
38
entered
into
pursuant
to
this
section.
39
Sec.
208.
2014
Iowa
Acts,
chapter
1130,
section
43,
40
subsection
1,
is
amended
to
read
as
follows:
41
1.
On
or
after
the
effective
date
of
this
division
42
of
this
Act,
a
city
or
county
shall
not
create
an
43
enterprise
zone
under
chapter
15E,
division
XVIII,
44
or
enter
into
a
new
agreement
or
amend
an
existing
45
agreement
under
chapter
15E,
division
XVIII
,
unless
46
otherwise
authorized
in
this
Act
.
47
Sec.
209.
EFFECTIVE
UPON
ENACTMENT.
This
division
48
of
this
Act,
being
deemed
of
immediate
importance,
49
takes
effect
upon
enactment.
50
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Sec.
210.
RETROACTIVE
APPLICABILITY.
This
division
1
of
this
Act
applies
retroactively
to
July
1,
2014.
2
DIVISION
XXVII
3
ELIGIBILITY
VERIFICATION
——
UNEMPLOYMENT
INSURANCE
4
Sec.
211.
NEW
SECTION
.
96.55
Eligibility
5
verification
procedures.
6
1.
The
department
shall
establish
procedures
to
7
accurately
verify
the
eligibility
to
receive
benefits
8
of
each
individual
filing
a
claim
for
benefits
in
order
9
to
prevent
payment
of
fraudulent
or
erroneous
benefits.
10
The
procedures
shall
include
but
not
be
limited
to
the
11
following
components:
12
a.
A
requirement
that
each
individual
filing
13
a
claim
for
benefits
provide
correct
answers
to
14
randomized
questions
relating
to
the
individual’s
15
identity.
16
b.
A
process
to
prevent
an
individual
who
is
17
ineligible
for
benefits
due
to
the
individual’s
18
incarceration
in
a
jail,
prison,
or
other
correctional
19
institution
or
facility
from
filing
a
claim
for
20
benefits
or
receiving
benefits.
The
department
shall
21
coordinate
the
administration
of
this
process
with
22
the
department
of
corrections
and
federal,
state,
23
and
local
law
enforcement
agencies.
The
department
24
of
corrections
and
state
and
local
law
enforcement
25
agencies
shall
cooperate
with
the
department
in
the
26
administration
of
this
process.
27
2.
The
department
may
utilize
one
or
more
requests
28
for
proposals
to
administer
this
section.
The
29
department
may
enter
into
agreements
pursuant
to
30
chapter
28E
to
administer
this
section.
The
department
31
shall
utilize
existing
information
technology
resources
32
of
state
and
local
government
to
administer
this
33
section
where
practicable.
34
Sec.
212.
IMPLEMENTATION
——
REPORT.
The
department
35
of
workforce
development
shall
implement
the
procedures
36
required
by
this
division
of
this
Act
no
later
than
37
June
30,
2016.
The
department
shall
submit
a
report
38
on
the
department’s
progress
in
implementing
the
39
procedures
required
by
this
division
of
this
Act
to
40
the
general
assembly
by
December
15,
2015.
The
report
41
shall
include
any
statutory
changes
necessary
to
42
facilitate
the
implementation
of
this
division
of
this
43
Act.
44
DIVISION
XXVIII
45
REFUND
FRAUD
——
INCOME
TAXES
46
Sec.
213.
Section
421.17,
subsection
23,
Code
2015,
47
is
amended
to
read
as
follows:
48
23.
To
develop,
modify,
or
contract
with
vendors
to
49
create
or
administer
systems
or
programs
which
identify
50
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nonfilers
of
returns
or
nonpayers
of
taxes
administered
1
by
the
department
and
to
identify
and
prevent
the
2
issuance
of
fraudulent
or
erroneous
refunds
.
Fees
3
for
services,
reimbursements,
costs
incurred
by
the
4
department,
or
other
remuneration
may
be
funded
from
5
the
amount
of
tax,
penalty,
or
interest
actually
6
collected
and
shall
be
paid
only
after
the
amount
is
7
collected.
An
amount
is
appropriated
from
the
amount
8
of
tax,
penalty,
and
interest
actually
collected,
not
9
to
exceed
the
amount
collected,
which
is
sufficient
10
to
pay
for
services,
reimbursement,
costs
incurred
by
11
the
department,
or
other
remuneration
pursuant
to
this
12
subsection
.
Vendors
entering
into
a
contract
with
the
13
department
pursuant
to
this
subsection
are
subject
to
14
the
requirements
and
penalties
of
the
confidentiality
15
laws
of
this
state
regarding
tax
information.
The
16
director
shall
report
annually
to
the
legislative
17
services
agency
and
the
chairpersons
and
ranking
18
members
of
the
ways
and
means
committees
on
the
amount
19
of
costs
incurred
and
paid
during
the
previous
fiscal
20
year
pursuant
to
this
subsection
and
the
incidence
21
of
refund
fraud
and
the
costs
incurred
and
amounts
22
prevented
from
issuance
during
the
previous
fiscal
year
23
pursuant
to
this
subsection
.
24
Sec.
214.
IMPLEMENTATION
——
REPORT.
The
director
25
of
revenue
shall
implement
the
procedures
required
26
by
this
division
of
this
Act
no
later
than
January
27
1,
2016.
The
director
shall
submit
a
report
on
the
28
director’s
progress
in
implementing
the
procedures
29
required
by
this
division
of
this
Act
to
the
general
30
assembly
by
October
3,
2016.
The
report
shall
include
31
any
statutory
changes
necessary
to
facilitate
the
32
implementation
of
this
division
of
this
Act.
33
DIVISION
XXIX
34
ELIGIBILITY
VERIFICATION
——
MEDICAID
35
Sec.
215.
MEDICAID
PROGRAM
——
ELIGIBILITY
36
VERIFICATION
SYSTEM.
The
department
of
human
services
37
shall
ensure
during
the
fiscal
year
beginning
July
38
1,
2015,
that
the
department’s
Medicaid
program
39
eligibility
system,
the
eligibility
integrated
40
application
solution
(ELIAS),
is
capable
of
accurately
41
verifying
the
identity
of
individuals
for
the
purposes
42
of
initial
eligibility
and
redetermination
of
43
eligibility
for
the
Medicaid
program.
The
department
44
shall
submit
a
report
on
the
department’s
progress
45
in
implementing
this
section
to
the
general
assembly
46
by
December
15,
2015.
The
report
shall
include
47
any
statutory
changes
necessary
to
facilitate
the
48
implementation
of
this
section.
49
DIVISION
XXX
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EXEMPTION
FROM
FRANCHISE
FEES
——
STATE
AGENCIES
1
Sec.
216.
Section
364.2,
subsection
4,
paragraph
2
f,
subparagraph
(2),
Code
2015,
is
amended
to
read
as
3
follows:
4
(2)
Franchise
fees
collected
pursuant
to
an
5
ordinance
in
effect
on
May
26,
2009,
shall
be
deposited
6
in
the
city’s
general
fund
and
such
fees
collected
in
7
excess
of
the
amounts
necessary
to
inspect,
supervise,
8
and
otherwise
regulate
the
franchise
may
be
used
by
9
the
city
for
any
other
purpose
authorized
by
law.
10
Franchise
fees
collected
pursuant
to
an
ordinance
11
that
is
adopted
or
amended
on
or
after
May
26,
2009,
12
to
increase
the
percentage
rate
at
which
franchise
13
fees
are
assessed
shall
be
credited
to
the
franchise
14
fee
account
within
the
city’s
general
fund
and
used
15
pursuant
to
section
384.3A
.
If
a
city
franchise
fee
is
16
assessed
to
customers
of
a
franchise,
the
fee
shall
17
not
be
assessed
to
the
city
as
a
customer.
Before
a
18
city
adopts
or
amends
a
franchise
fee
rate
ordinance
19
or
franchise
ordinance
to
increase
the
percentage
20
rate
at
which
franchise
fees
are
assessed,
a
revenue
21
purpose
statement
shall
be
prepared
specifying
the
22
purpose
or
purposes
for
which
the
revenue
collected
23
from
the
increased
rate
will
be
expended.
If
property
24
tax
relief
is
listed
as
a
purpose,
the
revenue
purpose
25
statement
shall
also
include
information
regarding
the
26
amount
of
the
property
tax
relief
to
be
provided
with
27
revenue
collected
from
the
increased
rate.
The
revenue
28
purpose
statement
shall
be
published
as
provided
in
29
section
362.3
.
30
Sec.
217.
Section
364.2,
subsection
4,
paragraph
31
f,
Code
2015,
is
amended
by
adding
the
following
new
32
subparagraph:
33
NEW
SUBPARAGRAPH
.
(4)
(a)
If
a
city
franchise
34
fee
is
assessed
to
customers
of
a
franchise
or
if
a
35
franchise
fee
or
substantially
similar
fee
is
assessed
36
by
the
franchisee
to
customers
of
the
franchise
for
the
37
payment
of
a
franchise
fee
assessed
by
the
city
to
the
38
franchisee,
the
fee
shall
not
be
assessed
to
the
city
39
or
to
a
state
agency
as
a
customer.
40
(b)
For
purposes
of
this
subparagraph,
“state
41
agency”
means
any
executive,
judicial,
or
legislative
42
department,
commission,
board,
institution,
division,
43
bureau,
office,
agency,
or
other
entity
of
state
44
government.
45
Sec.
218.
APPLICABILITY.
This
division
of
this
46
Act
applies
to
franchise
fees
assessed
by
a
city
to
47
a
customer
on
or
after
July
1,
2015,
pursuant
to
an
48
ordinance
adopted
before,
on,
or
after
that
date.
49
This
division
of
this
Act
also
applies
to
franchise
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fees
or
other
substantially
similar
fees
assessed
1
by
a
franchisee
to
a
customer
on
or
after
July
1,
2
2015,
to
pay
a
franchise
fee
assessed
by
the
city
to
3
the
franchisee
pursuant
to
an
ordinance
or
franchise
4
agreement
adopted
before,
on,
or
after
July
1,
2015.
5
DIVISION
XXXI
6
PAYMENTS
IN
LIEU
OF
TAXES
AGREEMENTS
7
Sec.
219.
NEW
SECTION
.
262.9D
Agreements
for
8
payments
in
lieu
of
taxes.
9
1.
For
purposes
of
this
section:
10
a.
“Payments
in
lieu
of
taxes”
are
payments
made
11
as
a
substitute
for
property
taxes
not
levied
on
real
12
property
as
a
result
of
a
property
tax
exemption,
which
13
payments
are
made
by
an
institution
under
the
control
14
of
the
board
to
a
political
subdivision
in
which
the
15
institution
is
located
pursuant
to
an
agreement
entered
16
into
by
the
board
or
an
institution
under
the
control
17
of
the
board
and
the
political
subdivision.
Payments
18
in
lieu
of
taxes
are
not
payments
made
in
accordance
19
with
a
contract
for
services
under
section
364.19
or
20
other
service
agreements
authorized
in
statute.
21
b.
“Political
subdivision”
means
a
city,
county,
22
school
district,
or
any
other
public
body
or
23
corporation
of
this
state
that
has
power
to
levy
24
or
certify
a
tax
or
sum
of
money
to
be
collected
by
25
taxation
or
otherwise
derives
funds
from
a
property
tax
26
levied
against
taxable
property
situated
within
the
27
political
subdivision.
28
2.
Any
agreement
providing
for
payments
in
lieu
of
29
taxes
between
the
board
or
an
institution
under
the
30
control
of
the
board
and
a
political
subdivision
shall
31
be
approved
by
the
board
at
a
regular
meeting
in
open
32
session
prior
to
the
execution
of
such
an
agreement.
33
A
request
for
board
approval
of
an
agreement
for
34
payments
in
lieu
of
taxes
shall
include
a
detailed
35
explanation
of
the
need
for
the
agreement,
the
manner
36
in
which
payments
are
calculated,
and
concurrence
from
37
the
appropriate
local
assessor
as
to
the
assessment
38
calculation
for
establishing
the
amount
of
each
payment
39
under
the
agreement.
The
agreement
shall
also
include
40
a
termination
date
for
the
agreement
and
shall
ensure,
41
to
the
extent
permitted
by
law,
that
the
payments
made
42
under
the
agreement
are
apportioned
in
the
same
manner
43
as
property
taxes
are
apportioned
among
the
political
44
subdivisions
in
which
the
property
is
located.
45
Sec.
220.
APPLICABILITY.
This
division
of
this
Act
46
applies
to
any
agreement
for
payments
in
lieu
of
taxes
47
entered
into
on
or
after
July
1,
2015.
>
48
2.
By
renumbering
as
necessary.
49
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SF510.2109.H
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