S-5177

    Amend the Senate amendment, H-8278, to House File 2459, as amended, passed, and reprinted by the House, as follows:
   1.  By striking page 1, line 1, through page 20, line 34, and inserting: 
   <Amend House File 2459, as amended, passed, and reprinted by the House, as follows:
   ___.  By striking everything after the enacting clause and inserting: 
<DIVISION I
EQUAL PAY TASK FORCE AND REPORT

   Section 1.  EQUAL PAY.
   1.  An equal pay task force is created. The task force shall consist of seven members appointed by the governor.
   2.  The task force shall study wage discrepancies within public and private employment and between public and private employers.
   3.  The task force shall submit a report regarding its findings and its recommendations regarding potential actions for the elimination and prevention of such discrepancies to the governor and the general assembly no later than December 22, 2017.
DIVISION II
MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION

   Sec. 2.  ADDITIONAL UNFAIR OR DISCRIMINATORY PRACTICE —— WAGE DISCRIMINATION IN EMPLOYMENT.
   1.  As stated in chapter 216, the general assembly finds that the practice of discriminating against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees does all of the following:
   a.  Unjustly discriminates against the person receiving the lesser rate.
   b.  Leads to low employee morale, high turnover, and frequent labor unrest.
   c.  Discourages employees paid at lesser wage rates from training for higher level jobs.
   d.  Curtails employment opportunities, decreases employees’ mobility, and increases labor costs.
   e.  Impairs purchasing power and threatens the maintenance of an adequate standard of living by such employees and their families.
   f.  Prevents optimum utilization of the state’s available labor resources.
   g.  Threatens the well-being of citizens of this state and adversely affects the general welfare.
   2.  As stated in section 216.6A, it remains unfair or discriminatory practice for any employer or agent of any employer to discriminate against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. As also stated in section 216.6A, an employer or agent of an employer who is paying wages to an employee at a rate less than the rate paid to other employees in violation of this section shall not remedy the violation by reducing the wage rate of any employee.
DIVISION III
STANDING APPROPRIATIONS AND RELATED MATTERS

   Sec. 3.  2015 Iowa Acts, chapter 138, section 3, is amended by adding the following new subsection:   NEW SUBSECTION.  4.  For the peace officers’ retirement, accident, and disability system retirement fund under section 97A.11A:
   ...................................................................... $  2,500,000
   Sec. 4.  2015 Iowa Acts, chapter 138, is amended by adding the following new section:
   NEW SECTION.  SEC. 5A.  GENERAL ASSEMBLY.
   1.  The appropriations made pursuant to section 2.12 for the expenses of the general assembly and legislative agencies for the fiscal year beginning July 1, 2016, and ending June 30, 2017, are reduced by the following amount:
   ...................................................................... $  5,850,000

   2.  The budgeted amounts for the general assembly and legislative agencies for the fiscal year beginning July 1, 2016, may be adjusted to reflect the unexpended budgeted amounts from the previous fiscal year.
   3.  Annual membership dues for organizations, associations, and conferences shall not be paid from moneys appropriated pursuant to section 2.12.
   4.  Costs for out-of-state travel and per diems for out-of-state travel shall not be paid from moneys appropriated pursuant to section 2.12.
   Sec. 5.  2015 Iowa Acts, chapter 138, is amended by adding the following new section:
   NEW SECTION.  SEC. 7A.  Section 257.35, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  10A.  Notwithstanding subsection 1, and in addition to the reduction applicable pursuant to subsection 2, the state aid for area education agencies and the portion of the combined district cost calculated for these agencies for the fiscal year beginning July 1, 2016, and ending June 30, 2017, shall be reduced by the department of management by twenty million dollars. The reduction for each area education agency shall be prorated based on the reduction that the agency received in the fiscal year beginning July 1, 2003.
   Sec. 6.  Section 2.48, subsection 3, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0f.  In 2016:
   (1)  The homestead tax credit under chapter 425.
   (2)  The elderly and disabled property tax credit under chapter 425.
   (3)  The agricultural land tax credit under chapter 426.
   (4)  The military service tax credit under chapter 426A.
   (5)  The business property tax credit under chapter 426C.
   (6)  The commercial and industrial property tax replacement claims under section 441.21A.
   Sec. 7.  Section 230.8, Code 2016, is amended to read as follows:
   230.8  Transfers of persons with mental illness —— expenses.
   The transfer to any state hospitals or to the places of their residence of persons with mental illness who have no residence in this state or whose residence is unknown and deemed to be a state case, shall be made according to the directions of the administrator, and when practicable by employees of the state hospitals. The actual and necessary expenses of such transfers shall be paid by the department on itemized vouchers sworn to by the claimants and approved by the administrator, and the amount of the expenses is appropriated to the department from any funds in the state treasury not otherwise appropriated.
   Sec. 8.  Section 820.24, Code 2016, is amended to read as follows:
   820.24  Expenses —— how paid.
   When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the state treasury, on the certificate of the governor and warrant of the director of the department of administrative services by the department of corrections; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and all necessary and actual traveling expenses incurred in returning the prisoner.
DIVISION IV
MISCELLANEOUS PROVISIONS

   Sec. 9.  BUDGET PROCESS FOR FISCAL YEAR 2017-2018.
   1.  For the budget process applicable to the fiscal year beginning July 1, 2017, on or before October 1, 2016, in lieu of the information specified in section 8.23, subsection 1, unnumbered paragraph 1, and paragraph “a”, all departments and establishments of the government shall transmit to the director of the department of management, on blanks to be furnished by the director, estimates of their expenditure requirements, including every proposed expenditure, for the ensuing fiscal year, together with supporting data and explanations as called for by the director of the department of management after consultation with the legislative services agency.
   2.  The estimates of expenditure requirements shall be in a form specified by the director of the department of management, and the expenditure requirements shall include all proposed expenditures and shall be prioritized by program or the results to be achieved. The estimates shall be accompanied by performance measures for evaluating the effectiveness of the programs or results.
   Sec. 10.  TIME AND ATTENDANCE SOLUTION —— EXECUTIVE BRANCH.  It is the intent of the general assembly that executive branch agencies make use of an existing master agreement entered into by the department of administrative services on November 17, 2015, to develop a statewide time and attendance solution. The statewide time and attendance solution will have the ability to generate savings within state government, minimize compliance risk, and improve workforce productivity with a vendor who specializes in measuring metrics to monitor performance and measures financial and operational activities by incorporating modeling and data analytics, baseline numbers, and any additional pertinent information.
   Sec. 11.  WATER QUALITY —— IOWA FINANCE AUTHORITY.  There is appropriated from the general fund of the state to the Iowa finance authority for the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For deposit in the water quality financial assistance fund created in section 16.134A, if enacted by 2016 Iowa Acts, House File 2451:
   ...................................................................... $  2,000,000
   Sec. 12.  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.
   Sec. 13.  Section 24.32, Code 2016, is amended to read as follows:
   24.32  Decision certified.
   After a hearing upon the appeal, the state board shall certify its decision to the county auditor and to the parties to the appeal as provided by rule, and the decision shall be final. The county auditor shall make up the records in accordance with the decision and the levying board shall make its levy in accordance with the decision. Upon receipt of the decision, the certifying board shall correct its records accordingly, if necessary. Final disposition of all appeals shall be made by the state board on or before April 30 of each year within forty-five days after the date of the appeal hearing.
   Sec. 14.  Section 284.6, subsection 8, Code 2016, is amended to read as follows:
   8.  For each year in which a school district receives funds calculated and paid to school districts for professional development pursuant to section 257.10, subsection 10, or section 257.37A, subsection 2, the school district shall create quality professional development opportunities. Not less than thirty-six hours in the school calendar, held outside of the minimum school day, shall be set aside during nonpreparation time or designated professional development time to allow practitioners to collaborate with each other to deliver educational programs and assess student learning, or to engage in peer review pursuant to section 284.8, subsection 1. The funds may be used to implement the professional development provisions of the teacher career paths and leadership roles specified in section 284.7 or 284.15, including but not limited to providing professional development to teachers, including additional salaries for time beyond the normal negotiated agreement; pay for substitute teachers,; professional development materials, speakers, and professional development content; textbooks and curriculum materials used for classroom purposes, if purchase of such textbooks and curriculum materials includes professional development; and costs associated with implementing the individual professional development plans. The use of the funds shall be balanced between school district, attendance center, and individual professional development plans, making every reasonable effort to provide equal access to all teachers.
   Sec. 15.  Section 418.12, subsection 5, Code 2016, is amended to read as follows:
   5.  If the department of revenue determines that the revenue accruing to the fund or accounts within the fund exceeds thirty million dollars for a fiscal year or exceeds the amount necessary for the purposes of this chapter if the amount necessary is less than thirty million dollars for a fiscal year, then those excess moneys shall be credited by the department of revenue for deposit in the general fund of the state.
   Sec. 16.  Section 669.11, Code 2016, is amended to read as follows:
   669.11  Payment of award.
   1.  Any Except as provided in subsection 2, an award to a claimant under this chapter, and any judgment in favor of any claimant under this chapter, shall be paid promptly out of appropriations which have been made for such purpose, if any; but any such amount or part thereof which cannot be paid promptly from such appropriations shall be paid promptly out of any money in the state treasury not otherwise appropriated. Payment shall be made only upon receipt of a written release by the claimant in a form approved by the attorney general.
   2.  An award under this chapter, and any judgment in favor of any claimant under this chapter, for a claim relating to conduct or actions of an employee of the hospital and medical clinics at the university of Iowa that is paid by moneys from the general fund of the state through the state appeal board shall be reimbursed by the hospital and medical clinics at the university of Iowa. Payment shall be made only upon receipt of a written release by the claimant in a form approved by the attorney general.
   Sec. 17.  Section 915.25, subsection 3, as enacted by 2016 Iowa Acts, Senate File 2288, section 16, is amended to read as follows:
   3.  Notwithstanding the provisions of sections 232.147, 232.149, and 232.149A, an intake or juvenile court officer shall disclose to the alleged victim of a delinquent act, upon the request of the victim, the complaint, the name and address of the child who allegedly committed the delinquent act, and the disposition of the complaint. If the alleged delinquent act would be a forcible felony serious misdemeanor, aggravated misdemeanor, or felony offense if committed by an adult, the intake or juvenile court officer shall provide notification to the victim of the delinquent act as required by section 915.24.
   Sec. 18.  2016 Iowa Acts, Senate File 2314, section 22, if enacted, is amended to read as follows:
   SEC. 59.  SECRETARY OF STATE.  There is appropriated from the general fund of the state to the office of the secretary of state for the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  ADMINISTRATION AND ELECTIONS
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
   ...................................................................... $  1,440,890

   ............................................................... FTEs         13.10

__________________________________________________________15.60

   The state department or state agency which provides data processing services to support voter registration file maintenance and storage shall provide those services without charge.
   2.  BUSINESS SERVICES
   For salaries, support, maintenance, and miscellaneous purposes, and for not more than the following full-time equivalent positions:
   ...................................................................... $  1,440,891

   ............................................................... FTEs         13.10

__________________________________________________________15.60
DIVISION V
CORRECTIVE PROVISIONS

   Sec. 19.  Section 29C.24, subsection 3, paragraph a, subparagraphs (3) and (6), if enacted by 2016 Iowa Acts, Senate File 2306, section 2, are amended to read as follows:
   (3)  The imposition of income taxes under chapter 422, divisions II and III, including the requirement to file tax returns under sections 422.13 through 422.15 or section 422.36, as applicable, and including the requirement to withhold and remit income tax from out-of-state employees under section 422.16. In addition, the performance of disaster or emergency-related work during a disaster response period by an out-of-state business or out-of-state employee shall not require an out-of-state business to be included in a consolidated return under section 422.37, and shall not increase the amount of net income of the out-of-state business allocated and apportioned to the state under sections section 422.8 or 422.33, as applicable.
   (6)  The assessment of property taxes by the department of revenue under sections 428.24 through 428.26, 428.28, and 428.29, or chapters 433, 434, 435, and 437 through 438, or by a local assessor under another provision of law, on property brought into the state to aid in the performance of disaster or emergency-related work during a disaster response period if such property does not remain in the state after the conclusion of the disaster response period.
   Sec. 20.  Section 29C.24, subsection 4, if enacted by 2016 Iowa Acts, Senate File 2306, section 2, is amended to read as follows:
   4.  Business and employee status after a disaster response period.  An out-of-state business or out-of-state employee that remains in the state after the conclusion of the disaster response period for during which the disaster or emergency-related work was performed shall be fully subject to the state’s standards for establishing presence, residency, or doing business as otherwise provided by law, and shall be responsible for any resulting taxes, fees, licensing, registration, filing, or other requirements.
   Sec. 21.  Section 155A.13, subsection 3, paragraph d, if enacted by 2016 Iowa Acts, Senate File 453, section 3, is amended to read as follows:
   d.  An applicant seeking a special or limited-use pharmacy licensed license for a proposed telepharmacy site that does not meet the mileage requirement established in paragraph “c” and is not statutorily exempt from the mileage requirement may apply to the board for a waiver of the mileage requirement. A waiver request shall only be granted if the applicant can demonstrate to the board that the proposed telepharmacy site is located in an area where there is limited access to pharmacy services and can establish the existence of compelling circumstances that justify waiving the mileage requirement. The board’s decision to grant or deny a waiver request shall be a proposed decision subject to mandatory review by the director of the department of public health. The director shall review a proposed decision and shall have the power to approve, modify, or veto a proposed decision. The director’s decision on a waiver request shall be considered final agency action subject to judicial review under chapter 17A.
   Sec. 22.  Section 229.13, subsection 7, paragraph a, subparagraph (1), if enacted by 2016 Iowa Acts, Senate File 2259, section 1, is amended to read as follows:
   (1)  The respondent’s mental health professional acting within the scope of the mental health professional’s practice shall notify the committing court, with preference given to the committing judge, if available, in the appropriate county who and the court shall enter a written order directing that the respondent be taken into immediate custody by the appropriate sheriff or sheriff’s deputy. The appropriate sheriff or sheriff’s deputy shall exercise all due diligence in taking the respondent into protective custody to a hospital or other suitable facility.
   Sec. 23.  Section 256.11, subsection 4, Code 2016, as amended by 2016 Iowa Acts, House File 2392, section 26, if enacted, is amended to read as follows:
   4.  The following shall be taught in grades seven and eight:  English-language arts; social studies; mathematics; science; health; age-appropriate and research-based human growth and development; career exploration and development; physical education; music; and visual art. Career exploration and development shall be designed so that students are appropriately prepared to create an individual career and academic plan pursuant to section 279.61, incorporate foundational career and technical education concepts aligned with the six career and technical education service areas as defined in paragraph subsection 5, subsection paragraph“h”, and incorporate relevant twenty-first century skills. The health curriculum shall include age-appropriate and research-based information regarding the characteristics of sexually transmitted diseases, including HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome. The state board as part of accreditation standards shall adopt curriculum definitions for implementing the program in grades seven and eight. However, this subsection shall not apply to the teaching of career exploration and development in nonpublic schools. For purposes of this section, “age-appropriate”, “HPV”, and “research-based” mean the same as defined in section 279.50.
   Sec. 24.  Section 272.25, subsection 3, Code 2016, as amended by 2016 Iowa Acts, Senate File 2196, section 3, is amended to read as follows:
   3.  A requirement that the program include instruction in skills and strategies to be used in classroom management of individuals, and of small and large groups, under varying conditions; skills for communicating and working constructively with pupils, teachers, administrators, and parents; preparation in reading theory, knowledge, strategies, and approaches, and for integrating literacy instruction in into content areas in accordance with section 256.16; and skills for understanding the role of the board of education and the functions of other education agencies in the state. The requirement shall be based upon recommendations of the department of education after consultation with teacher education faculty members in colleges and universities.
   Sec. 25.  Section 521A.6B, subsection 5, paragraph e, if enacted by 2016 Iowa Acts, House File 2394, section 10, is amended to read as follows:
   e.  Entering into agreements with or obtaining documentation from any insurer registered under section 521A.4, any member of an internationally active insurance group, and any other state, federal, or international regulatory agency for members of the internationally active insurance group, that provides the basis for or otherwise clarifies the commissioner’s role as group-wide supervisor of an internationally active insurance group, including provisions for resolving disputes with other regulatory officials. Such agreements or documentation shall not serve as evidence in any proceeding that any insurer or person within an insurance company holding company system not domiciled or incorporated in this state is doing business in this state or is otherwise subject to jurisdiction in this state.
   Sec. 26.  Section 598C.102, subsection 8, paragraph b, if enacted by 2016 Iowa Acts, Senate File 2233, section 2, is amended to read as follows:
   b.  An individual who has custodial responsibility for a child under a law of this state other than this chapter.
   Sec. 27.  2016 Iowa Acts, House File 2269, section 20, subsection 1, is amended to read as follows:
   1.  It is amended, rescinded, or supplemented by the affirmative action of the executive council committee of the Iowa beef cattle producers association created in section 181.3, as amended in this Act.
   Sec. 28.  2016 Iowa Acts, Senate File 378, section 2, is amended to read as follows:
   SEC. 2.  REPEAL.  Section 80.37, Code 2015 2016, is repealed.
   Sec. 29.  2016 Iowa Acts, Senate File 2185, section 2, if enacted, is amended by striking the section and inserting in lieu thereof the following:
   SEC. 2.  Section 709.21, subsection 3, Code 2016, is amended to read as follows:
   3.  A person who violates this section commits a serious an aggravated misdemeanor.
DIVISION VI
AREA EDUCATION AGENCY FUNDING

   Sec. 30.  SPECIAL EDUCATION SUPPORT SERVICES FUNDING.  Notwithstanding the provisions of section 257.35, subsection 11, and section 257.37, subsection 6, for the budget year beginning July 1, 2016, an area education agency shall use the total amount determined to be available to the area education agency under section 257.35 and any unreserved fund balances for media services or education services that exceed an amount equal to 5 percent of the area education agency’s budget for media services and education services for that budget year, and including funds that exceed the payment for special education support services pursuant to section 257.35, in a manner to best maintain the level of required area education agency special education support services. 
   Sec. 31.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION VII
SCHOOL DISTRICT FUNDING

   Sec. 32.  Section 257.2, subsection 2, Code 2016, is amended by striking the subsection.
   Sec. 33.  NEW SECTION.  257.14A  District cost per pupil equity —— budget adjustment.
   1.  The board of directors of an eligible school district with a regular program district cost per pupil for the budget year beginning July 1, 2016, that is less than the highest regular program district cost per pupil among all school districts in the state for the same budget year that wishes to receive the budget adjustment under this section may adopt a resolution by June 30, 2016, and shall notify the department of management of the adoption of the resolution and the amount of the budget adjustment to be received.
   2.  a.  For the budget year beginning July 1, 2016, each eligible school district that satisfies the requirements of subsection 1 shall be eligible for a budget adjustment for that budget year in an amount not to exceed the difference between the school district’s regular program district cost per pupil for the budget year beginning July 1, 2016, and the highest regular program district cost per pupil among all school districts in the state for the same budget year multiplied by the district’s budget enrollment for the budget year beginning July 1, 2016. The resolution adopted under subsection 1 may specify a budget adjustment amount that is less than the maximum amount authorized under this paragraph “a”.
   b.  The eligible school district shall fund the budget adjustment solely by using cash reserve moneys available to the school district during the budget year beginning July 1, 2016. Amounts used to fund the budget adjustment may be used by the school district for any school general fund purpose.
   c.  An eligible school district receiving a budget adjustment under this section shall be subject to the reduction of the maximum cash reserve levy authorized in section 298.10, subsection 3, paragraph “b”, and shall in one or more subsequent budget years reimburse the school district’s cash reserve amount the total amount of the budget adjustment received during the budget year beginning July 1, 2016, using school district general fund moneys that are part of the school district’s authorized expenditures in section 257.7.
   3.  A budget adjustment received under this section shall not affect the eligibility for or amount of any other budget adjustment authorized by law for the same budget year. In addition, a budget adjustment under this section shall be limited to the budget year for which the adjustment was authorized and shall not be included in any computation of a school district’s cost for any future budget year.
   4.  For purposes of this section, “eligible school district” means a school district located in whole or in part within a county with a population in excess of one hundred fifty thousand but less than two hundred thousand and that has a budget enrollment in excess of ten thousand for the budget year beginning July 1, 2016.
   Sec. 34.  Section 257.34, Code 2016, is amended to read as follows:
   257.34  Cash reserve information.
   1.  If a school district receives less state school foundation aid under section 257.1 than is due under that section for a base year and the school district uses funds from its cash reserve during the base year to make up for the amount of state aid not paid, the board of directors of the school district shall include in its general fund budget document information about the amount of the cash reserve used to replace state school foundation aid not paid.
   2.  If a school district uses funds from its cash reserve during the budget year beginning July 1, 2016, to fund a budget adjustment under section 257.14A, the board of directors of the school district shall include in its general fund budget document information about the amount of the cash reserve used for such purpose.
   Sec. 35.  Section 298.10, subsection 3, Code 2016, is amended to read as follows:
   3.  a.  For fiscal years beginning on or after July 1, 2012, the cash reserve levy for a budget year shall not exceed twenty percent of the general fund expenditures for the year previous to the base year minus the unexpended fund balance, as defined in section 257.2, for the year previous to the base year.
   b.  For fiscal years beginning on or after July 1, 2017, the maximum amount of the cash reserve levy calculated under paragraph “a” shall be reduced by an amount equal to the amount of the budget adjustment authorized by the school district under section 257.14A that has not been reimbursed by the school district pursuant to section 257.14, subsection 2, paragraph “c”.
   Sec. 36.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION VIII
WATER UTILITIES

   Sec. 37.  Section 388.1, Code 2016, is amended by adding the following new subsections:
   NEW SUBSECTION.  1A.  “Population” means the population shown by the latest preceding certified federal census or the latest applicable population estimate issued by the federal government, whichever is most recent and available as of July 1 of the preceding fiscal year.
   NEW SUBSECTION.  2A.  “Water utility services” means providing water at retail or wholesale cost; water withdrawal, storage, treatment, or distribution facilities; other equipment or facilities necessary for the operation of a water utility; or water management, operation, or billing services.
   Sec. 38.  Section 388.3, Code 2016, is amended to read as follows:
   388.3  Procedure upon approval.
   1.  If a proposal to establish a utility board receives a favorable majority vote, the mayor shall appoint the board members, as provided in the proposal, subject to the approval of the council. The council shall by resolution provide for staggered six-year terms for, and shall set the compensation of, board members.
   2.  A board member appointed to fill a vacancy occurring by reason other than the expiration of a term is appointed for the balance of the unexpired term.
   3.  A public officer or a salaried employee of the city may not serve on a utility board.
   4.  Notwithstanding section 388.2, a board for a city with a population of more than one hundred ninety thousand that provides water utility services to persons who reside outside of the city limits or to other cities shall be appointed as follows:
   a.  The mayor of the city with a population of one hundred ninety thousand or more shall appoint two board members, subject to approval by the city council.
   b.  The mayor of each city with a population of more than fifteen thousand and less than one hundred ninety thousand where the city utility provides utility services shall each appoint one board member, subject to approval by the respective city councils.
   c.  The board of supervisors of each county in which the city utility provides utility services shall each appoint one board member. Such board members shall reside in an area in which the city utility provides utility services that is not within a city with a population of more than fifteen thousand. However, if the utility services in the county are provided to a rural water district organized under chapter 357A, the board of the rural water district shall appoint the board member.
   5.  The board established in subsection 4 shall, by resolution, provide for staggered six-year terms and shall set the compensation for the board members.
DIVISION IX
CITY UTILITY BILLINGS AND COLLECTIONS —— LIENS

   Sec. 39.  Section 384.84, subsection 4, paragraph a, Code 2016, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  A lien under subparagraph (1) shall not be placed upon a premises that is a mobile home, modular home, or manufactured home served by any of the services under that subparagraph if the mobile home, modular home, or manufactured home is owned by a tenant of and located in a mobile home park or manufactured home community and the mobile home park or manufactured home community owner or manager is the account holder, unless the lease agreement specifies that the tenant is responsible for payment of a portion of the rates or charges billed to the account holder. 
   Sec. 40.  Section 384.84, subsections 10 and 11, Code 2016, are amended to read as follows:
   10.  For the purposes of this section, “premises” includes a mobile home, modular home, or manufactured home as defined in section 435.1, when the mobile home, modular home, or manufactured home is taxed as real estate, and mobile home park and “manufactured home community” mean as defined in section 435.1.
   11.  Notwithstanding subsection 4, except for mobile home parks or manufactured home communities where the mobile home park or manufactured home community owner or manager is responsible for paying the rates or charges for services, a lien shall not be filed against the land if the premises are located on leased land. If the premises are located on leased land, a lien may be filed against the premises only.
DIVISION X
ELECTRIC TRANSMISSION LINES

   Sec. 41.  NEW SECTION.  478.6A  Merchant line franchises —— requirements —— limitations.
   1.  a.  For purposes of this section, “bifurcation” means the conducting of two separate hearings when a petition involves the taking of property under eminent domain, one hearing considering whether the proposed line is necessary to serve a public use and represents a reasonable relationship to an overall plan of transmitting electricity in the public interest, and the other considering the granting of eminent domain authority.
   b.  For purposes of this section, “merchant line” means a high-voltage direct current electric transmission line which does not provide for the erection of electric substations at intervals of less than fifty miles, which substations are necessary to accommodate both the purchase and sale to persons located in this state of electricity generated or transmitted by the franchisee.
   2.  A petition for a franchise to construct a merchant line, in addition to any other applicable requirements pursuant to this chapter, shall be subject to all of the following:
   a.  The board shall not permit the bifurcation in any manner of a petition and shall reject any request by a petitioner for bifurcation.
   b.  Notwithstanding section 478.10, the sale and transfer of a merchant line, by voluntary or judicial sale or otherwise, shall not carry with it the transfer of the franchise.
   c.  Notwithstanding section 478.21, if a petition that involves the taking of property under eminent domain is not approved by the board and a franchise granted within three years following the date of the first informational meeting held in any county regarding the petition, pursuant to section 478.2, the utilities board shall reject the petition and make a record of the rejection. A petitioner may not file a petition for the same or a similar project that has been rejected under this subsection within sixty months following the date of rejection.
   d.  The board shall not grant a petition that involves the taking of property under eminent domain unless a minimum of seventy-five percent of the easements necessary to construct the project have been obtained voluntarily.
   e.  In considering whether to grant a petition that involves the taking of property under eminent domain, section 478.3, subsection 3, is not applicable, and the term “public” shall be interpreted to be limited to consumers located in this state. 
   Sec. 42.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
   Sec. 43.  APPLICABILITY.  This division of this Act is applicable to petitions for franchise filed on or after November 1, 2014, that have not been approved by the utilities board on or after the effective date of this division of this Act, and to petitions for franchise filed on or after the effective date of this division of this Act.>>
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