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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 41 2. For payment for nonpublic school transportation 42 under section 285.2 : 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 44 If total approved claims for reimbursement for 45 nonpublic school pupil transportation exceed the amount 46 appropriated in accordance with this subsection, the 47 department of education shall prorate the amount of 48 each approved claim. 49 3. For the enforcement of chapter 453D relating to 50 -1- SF510.2109.H (2) 86 md 1/ 81 #1.
tobacco product manufacturers under section 453D.8 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 2 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS 3 —— FY 2016-2017. Notwithstanding the standing 4 appropriations in the following designated sections for 5 the fiscal year beginning July 1, 2016, and ending June 6 30, 2017, the amounts appropriated from the general 7 fund of the state pursuant to these sections for the 8 following designated purposes shall not exceed the 9 following amounts: 10 1. For operational support grants and community 11 cultural grants under section 99F.11, subsection 3 , 12 paragraph “d”, subparagraph (1): 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 14 2. For payment for nonpublic school transportation 15 under section 285.2 : 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 17 If total approved claims for reimbursement for 18 nonpublic school pupil transportation exceed the amount 19 appropriated in accordance with this subsection, the 20 department of education shall prorate the amount of 21 each approved claim. 22 3. For the enforcement of chapter 453D relating to 23 tobacco product manufacturers under section 453D.8 : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 25 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— 26 FY 2015-2016 —— FY 2016-2017. In lieu of the 27 appropriation provided in section 257.20, subsection 2 , 28 the appropriation for the fiscal years beginning July 29 1, 2015, and July 1, 2016, for paying instructional 30 support state aid under section 257.20 for such fiscal 31 years is zero. 32 Sec. 5. GENERAL ASSEMBLY. 33 1. The appropriations made pursuant to section 34 2.12 for the expenses of the general assembly and 35 legislative agencies for the fiscal year beginning July 36 1, 2015, and ending June 30, 2016, are reduced by the 37 following amount: 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,750,000 39 2. The budgeted amounts for the general assembly 40 and legislative agencies for the fiscal year beginning 41 July 1, 2015, may be adjusted to reflect the unexpended 42 budgeted amounts from the previous fiscal year. 43 3. Annual membership dues for organizations, 44 associations, and conferences shall not be paid from 45 moneys appropriated pursuant to section 2.12. 46 4. Costs for out-of-state travel and per diems 47 for out-of-state travel shall not be paid from moneys 48 appropriated pursuant to section 2.12. 49 Sec. 6. TECHNOLOGY REINVESTMENT FUND APPROPRIATION 50 -2- SF510.2109.H (2) 86 md 2/ 81
—— LIMITATION. Notwithstanding the standing 1 appropriation in section 8.57C, subsection 3, paragraph 2 “a”, for the fiscal year beginning July 1, 2015, 3 and ending June 30, 2016, the amount appropriated 4 from the general fund of the state to the technology 5 reinvestment fund shall not exceed the following 6 amount: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,000,000 8 Sec. 7. Section 142C.15, subsection 4, paragraph c, 9 unnumbered paragraph 1, Code 2015, is amended to read 10 as follows: 11 Not more than fifty percent of the Any unobligated 12 moneys in the fund annually may be expended in 13 the form of grants to transplant recipients, 14 transplant candidates, living organ donors, or 15 to legal representatives on behalf of transplant 16 recipients, transplant candidates, or living organ 17 donors. Transplant recipients, transplant candidates, 18 living organ donors, or the legal representatives 19 of transplant recipients, transplant candidates, or 20 living organ donors shall submit grant applications 21 with supporting documentation provided by a hospital 22 that performs transplants, verifying that the person 23 by or for whom the application is submitted requires a 24 transplant or is a living organ donor and specifying 25 the amount of the costs associated with the following, 26 if funds are not available from any other third-party 27 payor: 28 Sec. 8. Section 257.35, Code 2015, is amended by 29 adding the following new subsection: 30 NEW SUBSECTION . 9A. Notwithstanding subsection 1, 31 and in addition to the reduction applicable pursuant 32 to subsection 2, the state aid for area education 33 agencies and the portion of the combined district cost 34 calculated for these agencies for the fiscal year 35 beginning July 1, 2015, and ending June 30, 2016, shall 36 be reduced by the department of management by fifteen 37 million dollars. The reduction for each area education 38 agency shall be prorated based on the reduction that 39 the agency received in the fiscal year beginning July 40 1, 2003. 41 DIVISION II 42 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 43 Sec. 9. EXECUTIVE COUNCIL —— APPROPRIATION —— 44 ORGANIZATIONAL MEMBERSHIP DUES. 45 1. There is appropriated from the general fund of 46 the state to the executive council for the fiscal year 47 beginning July 1, 2015, and ending June 30, 2016, the 48 following amount, or so much thereof as is necessary, 49 to be used for the purposes designated: 50 -3- SF510.2109.H (2) 86 md 3/ 81
For annual membership dues for organizations, 1 associations, and conferences paid by an executive 2 branch department or agency: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 4 2. An executive branch department or agency must 5 apply to the executive council for approval prior to 6 beginning a new membership or renewing a membership 7 in an organization, association, or conference. 8 Upon approval of a new membership or renewal of a 9 membership, the executive council may transfer moneys 10 appropriated pursuant to this section to the applicant 11 executive branch department or agency for purposes of 12 paying membership dues. 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 -4- SF510.2109.H (2) 86 md 4/ 81
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 -5- SF510.2109.H (2) 86 md 5/ 81
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 50 -6- SF510.2109.H (2) 86 md 6/ 81
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: 50 -7- SF510.2109.H (2) 86 md 7/ 81
(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 -8- SF510.2109.H (2) 86 md 8/ 81
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 -9- SF510.2109.H (2) 86 md 9/ 81
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 -10- SF510.2109.H (2) 86 md 10/ 81
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 -11- SF510.2109.H (2) 86 md 11/ 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 -12- SF510.2109.H (2) 86 md 12/ 81
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 -13- SF510.2109.H (2) 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 -14- SF510.2109.H (2) 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 -15- SF510.2109.H (2) 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 -16- SF510.2109.H (2) 86 md 16/ 81
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 -17- SF510.2109.H (2) 86 md 17/ 81
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 -18- SF510.2109.H (2) 86 md 18/ 81
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 -19- SF510.2109.H (2) 86 md 19/ 81
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 -20- SF510.2109.H (2) 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 -21- SF510.2109.H (2) 86 md 21/ 81
[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 -22- SF510.2109.H (2) 86 md 22/ 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 -23- SF510.2109.H (2) 86 md 23/ 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 -24- SF510.2109.H (2) 86 md 24/ 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- SF510.2109.H (2) 86 md 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 -26- SF510.2109.H (2) 86 md 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 -27- SF510.2109.H (2) 86 md 27/ 81
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 -28- SF510.2109.H (2) 86 md 28/ 81
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. 50 -29- SF510.2109.H (2) 86 md 29/ 81
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 -30- SF510.2109.H (2) 86 md 30/ 81
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 , 50 -31- SF510.2109.H (2) 86 md 31/ 81
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 50 -32- SF510.2109.H (2) 86 md 32/ 81
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 -38- SF510.2109.H (2) 86 md 38/ 81
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 50 -39- SF510.2109.H (2) 86 md 39/ 81
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 -40- SF510.2109.H (2) 86 md 40/ 81
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 -41- SF510.2109.H (2) 86 md 41/ 81
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. 50 -42- SF510.2109.H (2) 86 md 42/ 81
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 -43- SF510.2109.H (2) 86 md 43/ 81
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 -44- SF510.2109.H (2) 86 md 44/ 81
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 -45- SF510.2109.H (2) 86 md 45/ 81
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 -46- SF510.2109.H (2) 86 md 46/ 81
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 -47- SF510.2109.H (2) 86 md 47/ 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 -48- SF510.2109.H (2) 86 md 48/ 81
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 -49- SF510.2109.H (2) 86 md 49/ 81
(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 -50- SF510.2109.H (2) 86 md 50/ 81
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 -51- SF510.2109.H (2) 86 md 51/ 81
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 50 -52- SF510.2109.H (2) 86 md 52/ 81
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 -53- SF510.2109.H (2) 86 md 53/ 81
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 50 -54- SF510.2109.H (2) 86 md 54/ 81
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 -55- SF510.2109.H (2) 86 md 55/ 81
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 -56- SF510.2109.H (2) 86 md 56/ 81
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 -57- SF510.2109.H (2) 86 md 57/ 81
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 50 -58- SF510.2109.H (2) 86 md 58/ 81
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 50 -59- SF510.2109.H (2) 86 md 59/ 81
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 50 -60- SF510.2109.H (2) 86 md 60/ 81
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 50 -61- SF510.2109.H (2) 86 md 61/ 81
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 50 -62- SF510.2109.H (2) 86 md 62/ 81
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 50 -63- SF510.2109.H (2) 86 md 63/ 81
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 50 -64- SF510.2109.H (2) 86 md 64/ 81
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 50 -65- SF510.2109.H (2) 86 md 65/ 81
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 50 -66- SF510.2109.H (2) 86 md 66/ 81
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 50 -67- SF510.2109.H (2) 86 md 67/ 81
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 50 -68- SF510.2109.H (2) 86 md 68/ 81
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 50 -69- SF510.2109.H (2) 86 md 69/ 81
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 -70- SF510.2109.H (2) 86 md 70/ 81
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 -71- SF510.2109.H (2) 86 md 71/ 81
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 -72- SF510.2109.H (2) 86 md 72/ 81
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 -73- SF510.2109.H (2) 86 md 73/ 81
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 -74- SF510.2109.H (2) 86 md 74/ 81
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 -75- SF510.2109.H (2) 86 md 75/ 81
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 -76- SF510.2109.H (2) 86 md 76/ 81
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 -77- SF510.2109.H (2) 86 md 77/ 81
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 -78- SF510.2109.H (2) 86 md 78/ 81
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 50 -79- SF510.2109.H (2) 86 md 79/ 81
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 50 -80- SF510.2109.H (2) 86 md 80/ 81
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 -81- SF510.2109.H (2) 86 md 81/ 81