Senate Study Bill 1289 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for fees, providing for legal 2 responsibilities, providing for certain employee benefits, 3 and providing for regulatory, taxation, and properly related 4 matters, and including penalties and effective date and 5 retroactive and other applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2650XC (15) 86 tm/rn
S.F. _____ DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2016-2017 AND 3 FISCAL YEAR 2017-2018. 4 1. For the budget process applicable to the fiscal year 5 beginning July 1, 2016, on or before October 1, 2015, in lieu 6 of the information specified in section 8.23, subsection 1, 7 unnumbered paragraph 1, and paragraph “a”, all departments and 8 establishments of the government shall transmit to the director 9 of the department of management, on blanks to be furnished by 10 the director, estimates of their expenditure requirements, 11 including every proposed expenditure, for the ensuing fiscal 12 year, together with supporting data and explanations as called 13 for by the director of the department of management after 14 consultation with the legislative services agency. 15 2. The estimates of expenditure requirements shall be 16 in a form specified by the director of the department of 17 management, and the expenditure requirements shall include all 18 proposed expenditures and shall be prioritized by program or 19 the results to be achieved. The estimates shall be accompanied 20 by performance measures for evaluating the effectiveness of the 21 programs or results. 22 Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 23 2015-2016. Notwithstanding the standing appropriations 24 in the following designated sections for the fiscal year 25 beginning July 1, 2015, and ending June 30, 2016, the amounts 26 appropriated from the general fund of the state pursuant to 27 these sections for the following designated purposes shall not 28 exceed the following amounts: 29 1. For operational support grants and community cultural 30 grants under section 99F.11, subsection 3 , paragraph “d”, 31 subparagraph (1): 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 33 2. For payment for nonpublic school transportation under 34 section 285.2 : 35 -1- LSB 2650XC (15) 86 tm/rn 1/ 73
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 1 If total approved claims for reimbursement for nonpublic 2 school pupil transportation exceed the amount appropriated in 3 accordance with this subsection, the department of education 4 shall prorate the amount of each approved claim. 5 3. For the enforcement of chapter 453D relating to tobacco 6 product manufacturers under section 453D.8 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 8 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 9 2016-2017. Notwithstanding the standing appropriations 10 in the following designated sections for the fiscal year 11 beginning July 1, 2016, and ending June 30, 2017, the amounts 12 appropriated from the general fund of the state pursuant to 13 these sections for the following designated purposes shall not 14 exceed the following amounts: 15 1. For operational support grants and community cultural 16 grants under section 99F.11, subsection 3 , paragraph “d”, 17 subparagraph (1): 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 19 2. For payment for nonpublic school transportation under 20 section 285.2 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 22 If total approved claims for reimbursement for nonpublic 23 school pupil transportation exceed the amount appropriated in 24 accordance with this subsection, the department of education 25 shall prorate the amount of each approved claim. 26 3. For the enforcement of chapter 453D relating to tobacco 27 product manufacturers under section 453D.8 : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 29 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— FY 2015-2016 30 —— FY 2016-2017. In lieu of the appropriation provided in 31 section 257.20, subsection 2 , the appropriation for the fiscal 32 years beginning July 1, 2015, and July 1, 2016, for paying 33 instructional support state aid under section 257.20 for such 34 fiscal years is zero. 35 -2- LSB 2650XC (15) 86 tm/rn 2/ 73
S.F. _____ Sec. 5. GENERAL ASSEMBLY. 1 1. The appropriations made pursuant to section 2.12 for the 2 expenses of the general assembly and legislative agencies for 3 the fiscal year beginning July 1, 2015, and ending June 30, 4 2016, are reduced by the following amount: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,223,452 6 2. The budgeted amounts for the general assembly and 7 legislative agencies for the fiscal year beginning July 1, 8 2015, may be adjusted to reflect the unexpended budgeted 9 amounts from the previous fiscal year. 10 DIVISION II 11 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 12 Sec. 6. DEPARTMENT OF CORRECTIONS —— APPROPRIATION. There 13 is appropriated from the general fund of the state to the 14 department of corrections for the fiscal year beginning July 15 1, 2014, and ending June 30, 2015, the following amount, or 16 so much thereof as is necessary, to be used for the purposes 17 designated: 18 For operations, including salaries, support, maintenance, 19 and miscellaneous purposes, including training and additional 20 costs associated with the new correctional facility located in 21 Fort Madison: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 23 Notwithstanding section 8.33, moneys appropriated in this 24 section that remain unencumbered or unobligated at the close of 25 the fiscal year shall not revert but shall remain available for 26 expenditure for the purposes designated until the close of the 27 succeeding fiscal year. 28 Sec. 7. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 29 from the general fund of the state to the department of public 30 health for the fiscal year beginning July 1, 2014, and ending 31 June 30, 2015, the following amount to be used for the purposes 32 designated: 33 For the public purpose of providing a grant on behalf of 34 substance-related disorder treatment providers in accordance 35 -3- LSB 2650XC (15) 86 tm/rn 3/ 73
S.F. _____ with this section: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,800,000 2 The appropriation made in this section shall be distributed 3 as a grant to an association representing the majority of 4 the nonprofit substance-related disorder treatment providers 5 licensed under section 125.13 by the department as of January 6 1, 2015, that receive federal prevention and treatment of 7 substance abuse block grant funding through the department. 8 The grant shall be used for bulk purchasing and to implement an 9 electronic health record system in the providers that receive 10 that federal grant. The electronic health record system 11 implemented with the grant shall comply with the electronic 12 health information provisions implemented pursuant to section 13 135.156 and with the mental health and disabilities services 14 system central data repository implemented pursuant to section 15 225C.6A and other data requirements under chapter 225C. Each 16 of the providers shall have the electronic health record system 17 fully operational on or before July 1, 2018. 18 Notwithstanding section 8.33, moneys appropriated in this 19 section that remain unencumbered or unobligated at the close 20 of the fiscal year for which appropriated shall not revert 21 but shall remain available for expenditure for the purposes 22 designated until the close of the succeeding fiscal year. 23 Sec. 8. HEART ATTACK TREATMENT —— APPROPRIATION. There 24 is appropriated from the general fund of the state to the 25 department of public health for the fiscal year beginning July 26 1, 2014, and ending June 30, 2015, the following amount, or 27 so much thereof as is necessary, to be used for the purposes 28 designated: 29 For a collaborative effort between the department of public 30 health, the Iowa emergency medical services association, the 31 American heart association, midwest affiliate, Iowa’s health 32 systems and hospitals, and emergency medical service providers, 33 to supplement funding received through a grant from the Leona 34 M. and Harry B. Helmsley charitable trust for a program to 35 -4- LSB 2650XC (15) 86 tm/rn 4/ 73
S.F. _____ enhance systems of care, save lives, and improve outcomes 1 for heart attack patients in rural Iowa called the mission: 2 lifeline program: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 4 Moneys appropriated under this section shall be used 5 to enhance the critical elements of an optimal ST-elevated 6 myocardial infarction (STEMI) system of care including the 7 provision of 12-lead electrocardiogram (EKG) machines, the 8 provision of a systemwide data tool for quality measurement 9 and improvement, ongoing medical provider training and STEMI 10 education, coordination of protocols for rural emergency 11 management systems and hospital personnel, the implementation 12 of regional plans for rapid transport and transfer of patients, 13 the implementation of a public education campaign on heart 14 attack signs and symptoms and the need to activate the 911 15 system, and the provision of assistance to hospitals and 16 emergency medical services providers in acquiring essential 17 electrocardiogram equipment and training. 18 Notwithstanding section 8.33, moneys appropriated in this 19 section that remain unencumbered or unobligated at the close 20 of the fiscal year for which appropriated shall not revert 21 but shall remain available for expenditure for the purposes 22 designated until the close of the fiscal year that begins July 23 1, 2017. 24 Sec. 9. DEBT COLLECTIONS. The judicial branch shall 25 evaluate and study current practice for the collection of court 26 debt. By January 1, 2016, the judicial branch shall file a 27 report with the general assembly regarding the findings of the 28 study. The report shall include any recommended changes that 29 would increase the efficiency of collection of court debt. 30 Sec. 10. IOWA NEW JOBS TRAINING AGREEMENTS. An Iowa 31 community college that entered into a new jobs training 32 agreement pursuant to chapter 260E, which was effective 33 in April 2012, with an Iowa employer may enter into a new 34 agreement with such employer pursuant to chapter 260E, 35 -5- LSB 2650XC (15) 86 tm/rn 5/ 73
S.F. _____ which will be effective September 2015, and may use the base 1 employment determined in April 2012 as the base employment 2 for determining the new jobs eligible under the new agreement 3 if the base employment determined in April 2012 was 2,125 4 employees. The new agreement under chapter 260E shall 5 be limited to seven years from the effective date of the 6 agreement. 7 Sec. 11. Section 8D.4, Code 2015, is amended to read as 8 follows: 9 8D.4 Executive director appointed. 10 The commission, in consultation with the director of 11 the department of administrative services and the chief 12 information officer, shall appoint an executive director of 13 the commission, subject to confirmation by the senate. Such 14 individual shall not serve as a member of the commission. 15 The executive director shall serve at the pleasure of the 16 commission. The executive director shall be selected primarily 17 for administrative ability and knowledge in the field, without 18 regard to political affiliation. The governor shall establish 19 the salary of the executive director within the applicable 20 salary range nine as established by the general assembly. The 21 salary and support of the executive director shall be paid from 22 funds deposited in the Iowa communications network fund. 23 Sec. 12. Section 43.45, subsection 3, as enacted by 2015 24 Iowa Acts, Senate File 415, section 1, is amended to read as 25 follows: 26 3. Notwithstanding any requirement to the contrary in 27 subsection 1 and subsection 2 , paragraph “c” , the commissioner 28 of a county using digital ballot counting technology may direct 29 the precinct election officials to tally and record write-in 30 votes at the precincts after the closing of the polls or may 31 direct the precinct election officials to sort the ballots by 32 print the write-in report containing digital images of write-in 33 votes for delivery to the special precinct board to tally and 34 record the write-in votes on any day following election day and 35 -6- LSB 2650XC (15) 86 tm/rn 6/ 73
S.F. _____ prior to the canvass by the board of supervisors under section 1 43.49 . For the purposes of this subsection “digital ballot 2 counting technology” is technology in which digital images of 3 write-in votes are printed by the precinct election officials 4 at the polling place after the close of voting. 5 Sec. 13. NEW SECTION . 91A.5B Treatment of adoptive parent 6 employees. 7 1. For purposes of this section, “adoption” means the 8 permanent placement in this state of a child by the department 9 of human services, by a licensed agency under chapter 238, by 10 an agency that meets the provisions of the interstate compact 11 in section 232.158, or by a person making an independent 12 placement according to the provisions of chapter 600. 13 2. An employer shall treat an employee who chooses to 14 adopt in the same manner as an employee who is the biological 15 parent of a newborn child for purposes of employment policies, 16 benefits, and protections for the first year of the adoption. 17 Sec. 14. Section 123.132, subsection 3, as enacted by 2015 18 Iowa Acts, Senate File 456, section 1, is amended to read as 19 follows: 20 3. A container of beer other than the original container 21 that is sold and sealed in compliance with the requirements of 22 subsection 2 and the division’s rules shall not be deemed an 23 open container subject to the requirements of sections 321.284 24 and 321.284A if the sealed container is unopened and the seal 25 has not been tampered with , and the contents of the container 26 have not been partially removed . 27 Sec. 15. Section 136C.3, subsection 10, Code 2015, is 28 amended to read as follows: 29 10. a. Adopt rules specifying the minimum training and 30 performance standards for an individual using a radiation 31 machine for mammography, and other rules necessary to 32 implement section 136C.15 . The rules shall complement federal 33 requirements applicable to similar radiation machinery and 34 shall not be less stringent than those federal requirements. 35 -7- LSB 2650XC (15) 86 tm/rn 7/ 73
S.F. _____ b. (1) Adopt rules to require that, by January 1, 2016, 1 a facility at which mammography services are performed shall 2 include information on breast density in mammogram reports sent 3 to patients pursuant to regulations implementing the federal 4 Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, 5 as amended. If a patient is categorized by an interpreting 6 physician at the facility as having heterogeneously dense 7 breasts or extremely dense breasts based on standards as 8 defined in nationally recognized guidelines or systems for 9 breast imaging reporting of mammography screening, including 10 the breast imaging reporting and data system of the American 11 college of radiology, the report to the patient shall include 12 notice that the patient has dense breast tissue, that this may 13 make it more difficult to detect cancer on a mammogram, and 14 that it may increase the patient’s risk of breast cancer. The 15 notice may contain the following language: 16 State law requires the following notification: 17 Your mammogram indicates that you have dense breast tissue. 18 Dense breast tissue may make it more difficult to evaluate the 19 results of your mammogram and may also be associated with an 20 increased risk of breast cancer. You are encouraged to consult 21 with your primary health care provider regarding the results of 22 your mammogram. Together you can best decide which additional 23 screening options may be right for you based on your mammogram 24 results, individual risk factors, or physical examination. 25 (2) Nothing in this paragraph “b” shall be construed to 26 modify the existing liability of a facility where mammography 27 services are performed beyond the duty to provide the 28 information set forth in this paragraph “b” . 29 (3) Nothing in this paragraph “b” shall be deemed to require 30 a notice or the provision of information that is inconsistent 31 with the provisions of the federal Mammography Quality 32 Standards Act of 1992, Pub. L. No. 102-539, as amended, or any 33 regulations promulgated pursuant to that Act. 34 Sec. 16. Section 418.15, subsection 1, Code 2015, is amended 35 -8- LSB 2650XC (15) 86 tm/rn 8/ 73
S.F. _____ to read as follows: 1 1. A governmental entity shall not receive remittances of 2 sales tax revenue under this chapter after twenty years from 3 the date the governmental entity’s project was approved by the 4 board unless the remittance amount is calculated under section 5 418.11 based on sales subject to the tax under section 432.2 6 occurring before the expiration of the twenty-year period . 7 Sec. 17. Section 602.1304, subsection 2, paragraph a, Code 8 2015, is amended to read as follows: 9 a. The enhanced court collections fund is created in the 10 state treasury under the authority of the supreme court. The 11 fund shall be separate from the general fund of the state and 12 the balance in the fund shall not be considered part of the 13 balance of the general fund of the state. Notwithstanding 14 section 8.33 , moneys in the fund shall not revert to the 15 general fund, unless and to the extent the total amount 16 of moneys deposited into the fund in a fiscal year would 17 exceed the maximum annual deposit amount established for 18 the collections fund by the general assembly. The initial 19 maximum annual deposit amount for a fiscal year is four million 20 dollars. Notwithstanding section 12C.7, subsection 2 , interest 21 or earnings on moneys in the collections fund shall remain in 22 the collections fund and any interest and earnings shall be in 23 addition to the maximum annual deposit amount. The maximum 24 annual deposit amount shall be the following amounts for the 25 following fiscal years: 26 (1) For the fiscal year beginning July 1, 2015, seven 27 million dollars. 28 (2) For the fiscal year beginning July 1, 2016, seven 29 million dollars. 30 (3) For the fiscal year beginning July 1, 2017, seven 31 million dollars. 32 (4) For the fiscal year beginning July 1, 2018, five million 33 dollars. 34 (5) For the fiscal year beginning July 1, 2019, and each 35 -9- LSB 2650XC (15) 86 tm/rn 9/ 73
S.F. _____ fiscal year thereafter, four million five hundred thousand 1 dollars. 2 Sec. 18. Section 633.535, Code 2015, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 4. a. A named beneficiary of a bond, 5 life insurance policy, or any other contractual arrangement 6 convicted of a felony referenced in paragraph “d” that was 7 perpetrated against the principal obligee or person upon 8 whose life the policy is issued or whose death generates the 9 benefits under any other contractual arrangement, in the six 10 months immediately prior to the obligee’s or person’s death, is 11 not entitled to any benefit under the bond, policy, or other 12 contractual arrangement. 13 b. The procedure set out in section 633.536 applies and 14 the benefits become payable as though the convicted obligee or 15 person had predeceased the decedent. 16 c. However, a principal obligee or person upon whose life 17 the policy is issued or whose death generates the benefits 18 under any other contractual arrangement, in the six months 19 immediately prior to the obligee’s or person’s death, may 20 affirm by a signed, notarized affidavit that the beneficiary 21 should receive any benefit under the bond, policy, or other 22 contractual arrangement despite a felony conviction referenced 23 in this subsection. 24 d. This subsection applies to a conviction for any of the 25 following felonies: 26 (1) Any felony contained in chapter 707. 27 (2) Any felony contained in chapter 708. 28 (3) Any felony contained in chapter 709. 29 (4) Any felony contained in chapter 710. 30 Sec. 19. Section 708.2A, subsection 1, Code 2015, is amended 31 to read as follows: 32 1. For the purposes of this chapter , “domestic abuse 33 assault” means an assault, as defined in section 708.1 , which 34 is domestic abuse as defined in section 236.2, subsection 2 , 35 -10- LSB 2650XC (15) 86 tm/rn 10/ 73
S.F. _____ paragraph “a” , “b” , “c” , or “d” , or “e” . 1 Sec. 20. NEW SECTION . 708.11A Unauthorized placement of 2 global positioning device. 3 1. A person commits unauthorized placement of a global 4 positioning device, when, with intent to intimidate, annoy, or 5 alarm another person, the person, without the consent of the 6 other person, places a global positioning device on the other 7 person or an object in order to track the movements of the 8 other person without a legitimate purpose. 9 2. A person who commits a violation of this section commits 10 a serious misdemeanor. 11 Sec. 21. EFFECTIVE UPON ENACTMENT. The following provision 12 or provisions of this division of this Act, being deemed of 13 immediate importance, take effect upon enactment: 14 1. The section of this division of this Act appropriating 15 moneys to the department of corrections for the fiscal 16 year beginning July 1, 2014, and ending June 30, 2015, for 17 operations including training and additional costs associated 18 with the new correctional facility located in Fort Madison. 19 2. The section of this division of this Act appropriating 20 moneys to the department of public health for the fiscal year 21 beginning July 1, 2014, and ending June 30, 2015, for purposes 22 of providing a grant on behalf of substance-related disorder 23 treatment providers. 24 3. The section of this division of this Act appropriating 25 moneys to the department of public health for the fiscal year 26 beginning July 1, 2014, and ending June 30, 2015, for purposes 27 of providing a collaborative effort between certain entities 28 for heart attack patients. 29 DIVISION III 30 SALARIES, COMPENSATION, AND RELATED MATTERS 31 Sec. 22. SPECIAL FUNDS. For the fiscal year beginning 32 July 1, 2015, and ending June 30, 2016, and for the fiscal 33 year beginning July 1, 2016, and ending June 30, 2017, salary 34 adjustments may be funded using departmental revolving, trust, 35 -11- LSB 2650XC (15) 86 tm/rn 11/ 73
S.F. _____ or special funds for which the general assembly has established 1 an operating budget, provided doing so does not exceed the 2 operating budget established by the general assembly. 3 Sec. 23. SALARY MODEL ADMINISTRATOR. The salary model 4 administrator shall work in conjunction with the legislative 5 services agency to maintain the state’s salary model used for 6 analyzing, comparing, and projecting state employee salary 7 and benefit information, including information relating to 8 employees of the state board of regents. The department of 9 revenue, the department of administrative services, the five 10 institutions under the jurisdiction of the state board of 11 regents, the judicial district departments of correctional 12 services, and the state department of transportation shall 13 provide salary data to the department of management and the 14 legislative services agency to operate the state’s salary 15 model. The format and frequency of provision of the salary 16 data shall be determined by the department of management and 17 the legislative services agency. The information shall be 18 used in collective bargaining processes under chapter 20 and 19 in calculating the funding needs contained within the annual 20 salary adjustment legislation. A state employee organization 21 as defined in section 20.3, subsection 4, may request 22 information produced by the model, but the information provided 23 shall not contain information attributable to individual 24 employees. 25 DIVISION IV 26 CORRECTIVE PROVISIONS 27 Sec. 24. Section 123.122, Code 2015, as amended by 2015 28 Iowa Acts, House File 536, section 48, is amended to read as 29 follows: 30 123.122 Permit or license required. 31 A person shall not manufacture for sale or sell beer at 32 wholesale or retail unless a permit is first obtained as 33 provided in this subchapter or, a liquor control license 34 authorizing the retail sale of beer is first obtained as 35 -12- LSB 2650XC (15) 86 tm/rn 12/ 73
S.F. _____ provided in division subchapter I of this chapter . A liquor 1 control license holder is not required to hold a separate class 2 “B” beer permit. 3 Sec. 25. Section 227.10, Code 2015, as amended by 2015 4 Iowa Acts, Senate File 463, section 53, is amended to read as 5 follows: 6 227.10 Transfers from county or private institutions. 7 Patients who have been admitted at public expense to 8 any institution to which this chapter is applicable may be 9 involuntarily transferred to the proper state hospital for 10 persons with mental illness in the manner prescribed by 11 sections 229.6 to 229.13 . The application required by section 12 229.6 may be filed by the administrator of the division or 13 the administrator’s designee, or by the administrator of the 14 institution where the patient is then being maintained or 15 treated. If the patient was admitted to that institution 16 involuntarily, the administrator of the division may arrange 17 and complete the transfer, and shall report it as required of a 18 chief medical officer under section 229.15, subsection 5 . The 19 transfer shall be made at the mental health and disabilities 20 disability services region’s expense, and the expense 21 recovered, as provided in section 227.7 . However, transfer 22 under this section of a patient whose expenses are payable 23 in whole or in part by a the mental health and disabilities 24 disability services region is subject to an authorization 25 for the transfer through the regional administrator for the 26 patient’s county of residence. 27 Sec. 26. Section 227.14, Code 2015, as amended by 2015 28 Iowa Acts, Senate File 463, section 56, is amended to read as 29 follows: 30 227.14 Caring for persons with mental illness from other 31 counties. 32 The regional administrator for a county that does not have 33 proper facilities for caring for persons with mental illness 34 may, with the consent of the administrator of the division, 35 -13- LSB 2650XC (15) 86 tm/rn 13/ 73
S.F. _____ provide for such care at the expense of the mental health and 1 disabilities disability services region in any convenient and 2 proper county or private institution for persons with mental 3 illness which is willing to receive the persons. 4 Sec. 27. Section 229.1B, Code 2015, as amended by 2015 5 Iowa Acts, Senate File 463, section 59, is amended to read as 6 follows: 7 229.1B Regional administrator. 8 Notwithstanding any provision of this chapter to the 9 contrary, any person whose hospitalization expenses 10 are payable in whole or in part by a mental health and 11 disabilities disability services region shall be subject to all 12 administrative requirements of the regional administrator for 13 the county. 14 Sec. 28. Section 229.2, subsection 1, paragraph b, 15 subparagraph (3), Code 2015, as amended by 2015 Iowa Acts, 16 Senate File 463, section 60, is amended to read as follows: 17 (3) As soon as is practicable after the filing of a 18 petition for juvenile court approval of the admission of the 19 minor, the juvenile court shall determine whether the minor 20 has an attorney to represent the minor in the hospitalization 21 proceeding, and if not, the court shall assign to the minor 22 an attorney. If the minor is financially unable to pay for 23 an attorney, the attorney shall be compensated by the mental 24 health and disabilities disability services region at an hourly 25 rate to be established by the regional administrator for the 26 county in which the proceeding is held in substantially the 27 same manner as provided in section 815.7 . 28 Sec. 29. Section 229.8, subsection 1, Code 2015, as amended 29 by 2015 Iowa Acts, Senate File 463, section 61, is amended to 30 read as follows: 31 1. Determine whether the respondent has an attorney 32 who is able and willing to represent the respondent in the 33 hospitalization proceeding, and if not, whether the respondent 34 is financially able to employ an attorney and capable of 35 -14- LSB 2650XC (15) 86 tm/rn 14/ 73
S.F. _____ meaningfully assisting in selecting one. In accordance with 1 those determinations, the court shall if necessary allow the 2 respondent to select, or shall assign to the respondent, an 3 attorney. If the respondent is financially unable to pay an 4 attorney, the attorney shall be compensated by the mental 5 health and disabilities disability services region at an hourly 6 rate to be established by the regional administrator for the 7 county in which the proceeding is held in substantially the 8 same manner as provided in section 815.7 . 9 Sec. 30. Section 229.10, subsection 1, paragraph a, Code 10 2015, as amended by 2015 Iowa Acts, Senate File 463, section 11 62, is amended to read as follows: 12 a. An examination of the respondent shall be conducted by 13 one or more licensed physicians, as required by the court’s 14 order, within a reasonable time. If the respondent is detained 15 pursuant to section 229.11, subsection 1 , paragraph “b” , 16 the examination shall be conducted within twenty-four hours. 17 If the respondent is detained pursuant to section 229.11, 18 subsection 1 , paragraph “a” or “c” , the examination shall 19 be conducted within forty-eight hours. If the respondent 20 so desires, the respondent shall be entitled to a separate 21 examination by a licensed physician of the respondent’s own 22 choice. The reasonable cost of the examinations shall, if the 23 respondent lacks sufficient funds to pay the cost, be paid by 24 the regional administrator from mental health and disabilities 25 disability services region funds upon order of the court. 26 Sec. 31. Section 229.11, subsection 1, unnumbered paragraph 27 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, 28 section 63, is amended to read as follows: 29 If the applicant requests that the respondent be taken into 30 immediate custody and the judge, upon reviewing the application 31 and accompanying documentation, finds probable cause to believe 32 that the respondent has a serious mental impairment and is 33 likely to injure the respondent or other persons if allowed 34 to remain at liberty, the judge may enter a written order 35 -15- LSB 2650XC (15) 86 tm/rn 15/ 73
S.F. _____ directing that the respondent be taken into immediate custody 1 by the sheriff or the sheriff’s deputy and be detained until 2 the hospitalization hearing. The hospitalization hearing shall 3 be held no more than five days after the date of the order, 4 except that if the fifth day after the date of the order is 5 a Saturday, Sunday, or a holiday, the hearing may be held 6 on the next succeeding business day. If the expenses of a 7 respondent are payable in whole or in part by a mental health 8 and disabilities disability services region, for a placement in 9 accordance with paragraph “a” , the judge shall give notice of 10 the placement to the regional administrator for the county in 11 which the court is located, and for a placement in accordance 12 with paragraph “b” or “c” , the judge shall order the placement 13 in a hospital or facility designated through the regional 14 administrator. The judge may order the respondent detained for 15 the period of time until the hearing is held, and no longer, 16 in accordance with paragraph “a” , if possible, and if not then 17 in accordance with paragraph “b” , or, only if neither of these 18 alternatives is available, in accordance with paragraph “c” . 19 Detention may be: 20 Sec. 32. Section 229.13, subsection 1, paragraph a, Code 21 2015, as amended by 2015 Iowa Acts, Senate File 463, section 22 64, is amended to read as follows: 23 a. The court shall order a respondent whose expenses 24 are payable in whole or in part by a mental health and 25 disabilities disability services region placed under the care 26 of an appropriate hospital or facility designated through the 27 county’s regional administrator on an inpatient or outpatient 28 basis. 29 Sec. 33. Section 229.14, subsection 2, paragraph a, Code 30 2015, as amended by 2015 Iowa Acts, Senate File 463, section 31 65, is amended to read as follows: 32 a. For a respondent whose expenses are payable in whole 33 or in part by a mental health and disabilities disability 34 services region, placement as designated through the county’s 35 -16- LSB 2650XC (15) 86 tm/rn 16/ 73
S.F. _____ regional administrator in the care of an appropriate hospital 1 or facility on an inpatient or outpatient basis, or other 2 appropriate treatment, or in an appropriate alternative 3 placement. 4 Sec. 34. Section 229.14A, subsection 7, Code 2015, as 5 amended by 2015 Iowa Acts, Senate File 463, section 66, is 6 amended to read as follows: 7 7. If a respondent’s expenses are payable in whole or in 8 part by a mental health and disabilities disability services 9 region through the county’s regional administrator, notice of 10 a placement hearing shall be provided to the county attorney 11 and the regional administrator. At the hearing, the county may 12 present evidence regarding appropriate placement. 13 Sec. 35. Section 229.42, subsection 1, Code 2015, as amended 14 by 2015 Iowa Acts, Senate File 463, section 68, is amended to 15 read as follows: 16 1. If a person wishing to make application for voluntary 17 admission to a mental hospital established by chapter 226 is 18 unable to pay the costs of hospitalization or those responsible 19 for the person are unable to pay the costs, application for 20 authorization of voluntary admission must be made through a 21 regional administrator before application for admission is 22 made to the hospital. The person’s county of residence shall 23 be determined through the regional administrator and if the 24 admission is approved through the regional administrator, 25 the person’s admission to a mental health hospital shall be 26 authorized as a voluntary case. The authorization shall be 27 issued on forms provided by the department of human services’ 28 administrator. The costs of the hospitalization shall be paid 29 by the county of residence through the regional administrator 30 to the department of human services and credited to the general 31 fund of the state, provided that the mental health hospital 32 rendering the services has certified to the county auditor 33 of the county of residence and the regional administrator 34 the amount chargeable to the mental health and disabilities 35 -17- LSB 2650XC (15) 86 tm/rn 17/ 73
S.F. _____ disability services region and has sent a duplicate statement 1 of the charges to the department of human services. A mental 2 health and disabilities disability services region shall not be 3 billed for the cost of a patient unless the patient’s admission 4 is authorized through the regional administrator. The mental 5 health institute and the regional administrator shall work 6 together to locate appropriate alternative placements and 7 services, and to educate patients and family members of 8 patients regarding such alternatives. 9 Sec. 36. Section 230.1, subsection 3, Code 2015, as amended 10 by 2015 Iowa Acts, Senate File 463, section 69, is amended to 11 read as follows: 12 3. A mental health and disabilities disability services 13 region or county of residence is not liable for costs and 14 expenses associated with a person with mental illness unless 15 the costs and expenses are for services and other support 16 authorized for the person through the county’s regional 17 administrator. For the purposes of this chapter , “regional 18 administrator” means the same as defined in section 331.388 . 19 Sec. 37. Section 230.20, subsection 2, paragraph b, Code 20 2015, as amended by 2015 Iowa Acts, Senate File 463, section 21 71, is amended to read as follows: 22 b. The per diem costs billed to each mental health and 23 disabilities disability services region shall not exceed 24 the per diem costs billed to the county in the fiscal year 25 beginning July 1, 1996. However, the per diem costs billed to 26 a mental health and disabilities disability services region 27 may be adjusted annually to reflect increased costs, to the 28 extent of the percentage increase in the statewide per capita 29 expenditure target amount, if any per capita growth amount 30 is authorized by the general assembly for the fiscal year in 31 accordance with section 426B.3 . 32 Sec. 38. Section 279.10, subsection 1, Code 2015, as amended 33 by 2015 Iowa Acts, Senate File 227, section 2, is amended to 34 read as follows: 35 -18- LSB 2650XC (15) 86 tm/rn 18/ 73
S.F. _____ 1. The school year for each school district and accredited 1 nonpublic school shall begin on July 1 and the school calendar 2 shall begin no sooner than August 23 and no later than the 3 first Monday in December. The school calendar shall include 4 not less than one hundred eighty days , except as provided in 5 subsection 3 , or one thousand eighty hours of instruction 6 during the calendar year. The board of directors of a school 7 district and the authorities in charge of an accredited 8 nonpublic school shall determine the school start date for 9 the school calendar in accordance with this subsection and 10 shall set the number of days or hours of required attendance 11 for the school year as provided in section 299.1, subsection 12 2 , but the board of directors of a school district shall 13 hold a public hearing on any proposed school calendar prior 14 to adopting the school calendar. If the board of directors 15 of a district or the authorities in charge of an accredited 16 nonpublic school extends the school calendar because inclement 17 weather caused the school district or accredited nonpublic 18 school to temporarily close during the regular school calendar, 19 the school district or accredited nonpublic school may excuse a 20 graduating senior who has met district or school requirements 21 for graduation from attendance during the extended school 22 calendar. A school corporation may begin employment of 23 personnel for in-service training and development purposes 24 before the date to begin elementary and secondary school. 25 Sec. 39. Section 426B.5, subsection 2, paragraph c, Code 26 2015, as amended by 2015 Iowa Acts, Senate File 463, section 27 78, is amended to read as follows: 28 c. A risk pool board is created. The board shall consist of 29 two county supervisors, two county auditors, a member of the 30 mental health and disability services commission who is not a 31 member of a county board of supervisors, a member of the county 32 finance committee created in chapter 333A who is not an elected 33 official, a representative of a provider of mental health or 34 developmental disabilities services selected from nominees 35 -19- LSB 2650XC (15) 86 tm/rn 19/ 73
S.F. _____ submitted by the Iowa association of community providers, and 1 two staff members of regional administrators of county mental 2 health and disability services regions , all appointed by the 3 governor, and one member appointed by the director of human 4 services. All members appointed by the governor shall be 5 subject to confirmation by the senate. Members shall serve for 6 three-year terms. A vacancy shall be filled in the same manner 7 as the original appointment. Expenses and other costs of the 8 risk pool board members representing counties shall be paid by 9 the county of origin. Expenses and other costs of risk pool 10 board members who do not represent counties shall be paid from 11 a source determined by the governor. Staff assistance to the 12 board shall be provided by the department of human services and 13 counties. Actuarial expenses and other direct administrative 14 costs shall be charged to the pool. 15 Sec. 40. Section 459A.302, subsection 1, paragraph a, 16 unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa 17 Acts, House File 583, section 33, if enacted, is amended to 18 read as follows: 19 Prior to constructing a settled open feedlot effluent basin 20 or an animal truck wash effluent structure, the site for the 21 basin or structure shall be investigated for a drainage tile 22 line by the owner of the open feedlot operation or animal truck 23 wash facility. The investigation shall be made by digging a 24 core trench to a depth of at least six feet deep from ground 25 level at the projected center of the berm of the basin or 26 structure. If a drainage tile line is discovered, one of the 27 following solutions shall be implemented: 28 Sec. 41. Section 459A.302, subsection 2, paragraph a, Code 29 2015, as amended by 2015 Iowa Acts, House File 583, section 34, 30 if enacted, is amended to read as follows: 31 a. The settled open feedlot effluent basin or an animal 32 truck wash effluent structure shall be constructed with a 33 minimum separation of two feet between the top of the liner of 34 the basin or structure and the seasonal high-water table. 35 -20- LSB 2650XC (15) 86 tm/rn 20/ 73
S.F. _____ Sec. 42. Section 459A.404, subsection 3, paragraphs b and c, 1 if enacted by 2015 Iowa Acts, House File 583, section 41, are 2 amended to read as follows: 3 b. For purposes of section 459.310, subsection 4, the 4 provisions relating to an unformed manure storage structure 5 shall apply to an unformed animal truck wash effluent structure 6 and the provisions relating to a formed manure storage 7 structure shall apply to a formed animal truck wash effluent 8 structure. However, the 9 c. Notwithstanding section 459.310, subsection 4, a 10 requirement in section 459.310, subsection 4, paragraph “a” , 11 relating to animal weight capacity or animal unit capacity 12 shall not apply to the replacement of an unformed animal 13 truck wash effluent structure with a formed animal truck wash 14 effluent structure . In addition, the capacity of a replacement 15 animal truck wash effluent structure shall not exceed the 16 amount required to store animal truck wash effluent for any 17 eighteen-month period. 18 Sec. 43. Section 459A.411, Code 2015, as amended by 2015 19 Iowa Acts, House File 583, section 43, if enacted, is amended 20 to read as follows: 21 459A.411 Discontinuance of operations. 22 The owner of an open feedlot operation or animal truck 23 wash facility who discontinues its operation shall remove all 24 effluent from related open feedlot operation structures or 25 animal truck wash effluent structures used to store effluent, 26 as soon as practical but not later than six months following 27 the date the operations of the open feedlot operation or animal 28 truck wash facility is are discontinued. 29 Sec. 44. Section 476.53, subsection 3, paragraph a, 30 subparagraph (1), Code 2015, as amended by 2015 Iowa Acts, 31 House File 535, section 61, is amended to read as follows: 32 (1) (a) Files an application pursuant to section 476A.3 to 33 construct in Iowa a baseload electric power generating facility 34 with a nameplate generating capacity equal to or greater 35 -21- LSB 2650XC (15) 86 tm/rn 21/ 73
S.F. _____ than three hundred megawatts or a combined-cycle electric 1 power generating facility, or an alternate energy production 2 facility as defined in section 476.42 , or to significantly 3 alter an existing generating facility. For purposes of 4 this subparagraph, a significant alteration of an existing 5 generating facility must, in order to qualify for establishment 6 of ratemaking principles, fall into one of the following 7 categories: 8 (i) Conversion of a coal fueled facility into a gas fueled 9 facility. 10 (ii) Addition of carbon capture and storage facilities at 11 a coal fueled facility. 12 (iii) Addition of gas fueled capability to a coal fueled 13 facility, in order to convert the facility to one that will 14 rely primarily on gas for future generation. 15 (iv) Addition of a biomass fueled capability to a coal 16 fueled facility. 17 (b) With respect to a significant alteration of an existing 18 generating facility, an original facility shall not be required 19 to be either a baseload or a combined-cycle facility. Only 20 the incremental investment undertaken by a utility under 21 subparagraph division (a), subparagraph subdivision (i), (ii), 22 (iii), or (iv) shall be eligible to apply the ratemaking 23 principles established by the order issued pursuant to 24 paragraph “e” . Facilities for which advanced ratemaking 25 principles are obtained pursuant to this section shall not 26 be subject to a subsequent board review pursuant to section 27 476.6, subsection 20 , to the extent that the investment has 28 been considered by the board under this section . To the 29 extent an eligible utility has been authorized to make capital 30 investments subject to section 476.6, subsection 20 , such 31 investments shall not be eligible for ratemaking principles 32 pursuant to this section . 33 Sec. 45. Section 602.3205, subsection 3, paragraph b, if 34 enacted by 2015 Iowa Acts, Senate File 404, section 5, is 35 -22- LSB 2650XC (15) 86 tm/rn 22/ 73
S.F. _____ amended to read as follows: 1 b. The audio recordings provided in to the board pursuant to 2 this subsection shall be kept confidential by the board in a 3 manner as provided in section 272C.6, subsection 4. 4 Sec. 46. Section 602.11113, Code 2015, as amended by 2015 5 Iowa Acts, House File 536, section 177, is amended to read as 6 follows: 7 602.11113 Bailiffs employed as court attendants. 8 Persons who were employed as bailiffs and who were 9 performing services for the court, other than law enforcement 10 services, immediately prior to July 1, 1983, shall be employed 11 by the district court administrators as court attendants under 12 section 602.6601 on July 1, 1983. 13 Sec. 47. Section 714.23, subsection 4A, paragraph a, if 14 enacted by 2015 Iowa Acts, Senate File 501, section 2, or 2015 15 Iowa Acts, House File 663, section 2, is amended to read as 16 follows: 17 a. A student who does not receive a tuition refund up 18 to the full refund of tuition charges due to the effect of 19 an interstate reciprocity agreement under section 261G.4, 20 subsection 1, may apply to the attorney general for a refund 21 in a sum that represents the difference between any tuition 22 refund received from the school and the full refund of tuition 23 charges. For purposes of this subsection, “full refund of 24 tuition charges” means the monetary sum of the refund for which 25 the student would be eligible pursuant to the application of 26 this section. 27 Sec. 48. Section 902.1, subsection 2, paragraph a, 28 unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate 29 File 448, section 1, is amended to read as follows: 30 Notwithstanding subsection 1 , a defendant convicted of 31 murder in the first degree in violation of section 707.2 , and 32 who was under the age of eighteen at the time the offense was 33 committed shall receive one of the following sentences: 34 Sec. 49. Section 916.1, subsection 1, as enacted by 2015 35 -23- LSB 2650XC (15) 86 tm/rn 23/ 73
S.F. _____ Iowa Acts, House File 496, section 1, is amended to read as 1 follows: 2 1. “Confidential communication” means confidential 3 information shared between a victim and a military victim 4 advocate within the advocacy relationship, and includes all 5 information received by the advocate and any advice, report, 6 or working paper given to or prepared by the advocate in 7 the course of the advocacy relationship with the victim. 8 “Confidential information” is confidential information which, so 9 far as the victim is aware, is not disclosed to a third party 10 with the exception of a person present in the consultation for 11 the purpose of furthering the interest of the victim, a person 12 to whom disclosure is reasonably necessary for the transmission 13 of the information, or a person with whom disclosure is 14 necessary for accomplishment of the purpose for which the 15 advocate is consulted by the victim. 16 Sec. 50. APPLICABILITY. The section of this division 17 of this Act amending section 279.10, subsection 1, applies 18 retroactively to April 10, 2015. 19 Sec. 51. APPLICABILITY. The section of this division of 20 this Act amending section 902.1, subsection 2, paragraph “a”, 21 unnumbered paragraph 1, applies retroactively to the effective 22 date of 2015 Iowa Acts, Senate File 448. 23 DIVISION V 24 REIMBURSEMENT OF DEFENSE COSTS 25 Sec. 52. NEW SECTION . 80F.2 Reimbursement of defense costs. 26 1. If a peace officer, as defined in section 801.4, or a 27 corrections officer is charged with the alleged commission 28 of a public offense, based on acts or omissions within the 29 scope of the officer’s lawful duty or authority, and the charge 30 is dismissed or the officer is acquitted of the charge, the 31 presiding magistrate or judge shall enter judgment awarding 32 reimbursement to the officer for any costs incurred in 33 defending against the charge, including but not limited to a 34 reasonable attorney fee, if the court finds the existence of 35 -24- LSB 2650XC (15) 86 tm/rn 24/ 73
S.F. _____ any of the following grounds: 1 a. The charge was without probable cause. 2 b. The charge was filed for malicious purposes. 3 c. The charge was unwarranted in consideration of all of the 4 circumstances and matters of law attending the alleged offense. 5 2. The officer may apply for review of a failure or refusal 6 to rule or an adverse ruling as to the existence of any of the 7 above grounds. The application shall be to a district judge 8 if the officer is seeking review of the act of a magistrate 9 or district associate judge and the application shall be to a 10 different district judge if review is sought of an act of a 11 district judge. 12 Sec. 53. REPEAL. Section 80.37, Code 2015, is repealed. 13 DIVISION VI 14 RENEWABLE FUELS INFRASTRUCTURE PROGRAM 15 Sec. 54. Section 159A.14, subsection 1, paragraph a, 16 subparagraph (1), Code 2015, is amended to read as follows: 17 (1) Ethanol infrastructure shall be designed and used 18 exclusively to do any of the following: 19 (a) Store and dispense E-15 gasoline. At least for the 20 period beginning on September 16 and ending on May 31 of each 21 year, the ethanol infrastructure must be used to store and 22 dispense E-15 gasoline as a registered fuel recognized by the 23 United States environmental protection agency. 24 (a) (b) Store and dispense E-85 gasoline. 25 (b) (c) Store, blend, and dispense motor fuel from a motor 26 fuel blender pump , as required in this subparagraph division . 27 The ethanol infrastructure must provide be used for the storage 28 of ethanol or ethanol blended gasoline, or for blending ethanol 29 with gasoline. The ethanol infrastructure must at least 30 include a motor fuel blender pump which dispenses different 31 classifications of ethanol blended gasoline and allows E-85 32 gasoline to be dispensed at all times that the blender pump is 33 operating. 34 DIVISION VII 35 -25- LSB 2650XC (15) 86 tm/rn 25/ 73
S.F. _____ STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM 1 Sec. 55. 2015 STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM. 2 1. Definitions. As used in this section, unless the context 3 provides otherwise: 4 a. “Eligible employee” means an employee or qualified 5 employee who has filed a completed application for benefits 6 with the Iowa public employees’ retirement system created in 7 chapter 97B in which the employee’s or qualified employee’s 8 intended first month of entitlement, as defined in section 9 97B.1A, is no later than September 2015. 10 b. (1) “Employee” means any of the following: 11 (a) An employee, as defined by section 97B.1A, who is 12 employed within the executive branch of this state. 13 (b) An individual who was employed at the mental health 14 institute at Clarinda, Iowa, or at the mental health institute 15 at Mount Pleasant, Iowa, as of April 1, 2015, whose employment 16 was terminated at either mental health institute after April 17 1, 2015. 18 (2) “Employee” does not mean a qualified employee, an 19 elected official, or an employee eligible for the sick leave 20 conversion program as described in section 70A.23, subsection 21 4. 22 c. “Employer” means a department, agency, board, or 23 commission of the state that employs individuals. 24 d. “Health insurance contribution benefit” means the amount 25 representing the monthly contribution cost of an affordable 26 group health care plan offered by the state, as determined by 27 the department of administrative services, providing coverage 28 to the participant and, if applicable, the participant’s spouse 29 for the applicable period of coverage. 30 e. “Participant” means a person who timely submits an 31 election to participate, is accepted to participate, and does 32 participate, in the state employee retirement incentive program 33 established under this section. 34 f. “Program” means the state employee retirement incentive 35 -26- LSB 2650XC (15) 86 tm/rn 26/ 73
S.F. _____ program established under this section. 1 g. “Qualified employee” means an employee of a judicial 2 district department of correctional services, an employee in 3 the office of a statewide elected official, or an employee of 4 the state board of regents if the board elects to participate 5 in the program. 6 h. “Years of service incentive benefit” means an amount 7 equal to the entire value of an eligible employee’s accumulated 8 but unused vacation plus, for eligible employees with at least 9 ten years of state employment service, one thousand dollars 10 for each year of state employment service up to a maximum of 11 twenty-five years of state employment service. For purposes of 12 this paragraph, “state employment service” means service, as 13 defined in section 97B.1A, for which the employer is the state. 14 2. Program eligibility. To become a participant in the 15 program, an eligible employee shall do all of the following: 16 a. Submit by July 31, 2015, a written application, on 17 forms prescribed by the department of administrative services, 18 seeking participation in the program. 19 b. Acknowledge in writing the eligible employee’s 20 agreement to voluntarily terminate employment in exchange 21 for participation in the state employee retirement incentive 22 program as provided in this section. 23 c. Agree to waive all rights to file suit against the state 24 of Iowa, including all of its departments, agencies, and other 25 subdivisions, based on state or federal claims arising out of 26 the employment relationship. 27 d. Acknowledge, in writing, that participation in the 28 program waives any right to accept any employment with the 29 state other than as an elected official on or after the date 30 the eligible employee separates from employment. 31 e. Agree to separate from employment with the state no later 32 than August 27, 2015. 33 3. Participant acceptance. An eligible employee shall be 34 accepted into the program if the department of administrative 35 -27- LSB 2650XC (15) 86 tm/rn 27/ 73
S.F. _____ services determines that the eligible employee meets the 1 requirements to be eligible to participate in the program. 2 4. Program benefits. Upon acceptance to participate in the 3 program and separation from employment with the state no later 4 than August 27, 2015, a participant shall receive the following 5 benefits: 6 a. During November 2015, and each November thereafter for a 7 total of five years, the state shall pay to the participant, 8 or the participant’s beneficiary, an amount equal to twenty 9 percent of the years of service incentive benefit for that 10 participant. Receipt of a years of service incentive benefit 11 pursuant to this section by a participant shall be in lieu 12 of receiving a payment for the participant’s accumulated but 13 unused vacation upon termination of employment. 14 b. For the period of time commencing with the first month 15 in which a participant is ineligible for or exhausts the 16 participant’s available remaining value of sick leave used 17 to pay the state share for the participant’s continuation of 18 state group health insurance coverage as provided in section 19 70A.23, subsection 3, and ending five years from the date 20 the participant separates from employment with the state as 21 provided in this section, the participant, or the participant’s 22 surviving spouse, shall be entitled to receive a health 23 insurance contribution benefit to be used by the participant 24 or the participant’s beneficiary to pay the cost for eligible 25 state group health insurance. The department of administrative 26 services shall determine what health insurance plans constitute 27 eligible state group health insurance for purposes of this 28 paragraph “b”. 29 5. Reemployment. 30 a. An employer shall not offer permanent part-time 31 employment, permanent full-time employment, temporary 32 employment, or retention as an independent contractor to a 33 participant. 34 b. This section shall not preclude a participant from 35 -28- LSB 2650XC (15) 86 tm/rn 28/ 73
S.F. _____ membership on a board or commission. 1 6. Program administration and reporting. 2 a. The department of administrative services shall 3 administer the program and shall adopt administrative rules 4 to administer the program. The department of administrative 5 services and the department of management may adopt rules on an 6 emergency basis under section 17A.4, subsection 3, and section 7 17A.5, subsection 2, paragraph “b”, to implement this section 8 and the rules shall be effective immediately upon filing unless 9 a later date is specified in the rules. 10 b. Records of the Iowa public employees’ retirement system 11 shall be released for the purposes of administering and 12 monitoring the program subject to the requirements of section 13 97B.17, subsection 5. 14 c. The department of administrative services, in 15 collaboration with the department of management, shall present 16 an interim report to the general assembly, including copies to 17 the legislative services agency and the fiscal committee of 18 the legislative council, by December 1, 2015, concerning the 19 operation of the program. The department shall also submit 20 an annual update concerning the program by October 1 of each 21 year for four years, commencing December 1, 2016. The reports 22 shall include information concerning the number of program 23 participants, the cost of the program including any payments 24 made to participants, the number of state employment positions 25 not filled pursuant to the program, and the number of positions 26 vacated by a program participant that have been refilled with a 27 comparison of the salary of the program participant at the time 28 the position was vacated to the beginning salary of the person 29 who refilled the position. 30 7. Legislative and judicial branch employees. 31 a. The legislative council may provide a retirement 32 incentive program for employees of the legislative branch 33 consistent with the program provided in this section for 34 executive branch employees. If the legislative council 35 -29- LSB 2650XC (15) 86 tm/rn 29/ 73
S.F. _____ provides an incentive program, the legislative council shall 1 collaborate with the department of administrative services to 2 establish the program as required under this section as nearly 3 as identical as possible to the program provided executive 4 branch employees under this section. The program provided 5 pursuant to this paragraph “a” shall establish the same time 6 guidelines and benefit calculations as provided under the 7 program for executive branch employees. 8 b. The supreme court may provide a retirement incentive 9 program for employees of the judicial branch consistent with 10 the program provided in this section for executive branch 11 employees. If the supreme court provides an incentive program, 12 the supreme court shall collaborate with the department of 13 administrative services to establish the program as required 14 under this section as nearly as identical as possible to the 15 program provided executive branch employees under this section. 16 The program provided pursuant to this paragraph “b” shall 17 establish the same time guidelines and benefit calculations as 18 provided under the program for executive branch employees. 19 Sec. 56. EFFECTIVE UPON ENACTMENT. This division of this 20 Act, being deemed of immediate importance, takes effect upon 21 enactment. 22 DIVISION VIII 23 SCHOOL AID —— PERCENTS OF GROWTH 24 Sec. 57. Section 257.8, subsections 1 and 2, Code 2015, are 25 amended to read as follows: 26 1. State percent of growth. The state percent of growth 27 for the budget year beginning July 1, 2012, is two percent. 28 The state percent of growth for the budget year beginning July 29 1, 2013, is two percent. The state percent of growth for the 30 budget year beginning July 1, 2014, is four percent. The state 31 percent of growth for the budget year beginning July 1, 2015, 32 is two and five-eighths percent. The state percent of growth 33 for the budget year beginning July 1, 2016, is four percent. 34 The state percent of growth for each subsequent budget year 35 -30- LSB 2650XC (15) 86 tm/rn 30/ 73
S.F. _____ shall be established by statute which shall be enacted within 1 thirty days of the submission in the year preceding the 2 base year of the governor’s budget under section 8.21 . The 3 establishment of the state percent of growth for a budget year 4 shall be the only subject matter of the bill which enacts the 5 state percent of growth for a budget year. 6 2. Categorical state percent of growth. The categorical 7 state percent of growth for the budget year beginning July 1, 8 2012, is two percent. The categorical state percent of growth 9 for the budget year beginning July 1, 2013, is two percent. 10 The categorical state percent of growth for the budget year 11 beginning July 1, 2014, is four percent. The categorical 12 state percent of growth for the budget year beginning July 13 1, 2015, is two and five-eighths percent. The categorical 14 percent of growth for the budget year beginning July 1, 2016, 15 is four percent. The categorical state percent of growth for 16 each budget year shall be established by statute which shall 17 be enacted within thirty days of the submission in the year 18 preceding the base year of the governor’s budget under section 19 8.21 . The establishment of the categorical state percent of 20 growth for a budget year shall be the only subject matter of 21 the bill which enacts the categorical state percent of growth 22 for a budget year. The categorical state percent of growth 23 may include state percents of growth for the teacher salary 24 supplement, the professional development supplement, the early 25 intervention supplement, and the teacher leadership supplement. 26 Sec. 58. CODE SECTION 257.8 —— IMPLEMENTATION. The 27 requirements of section 257.8, subsections 1 and 2, regarding 28 the enactment of bills establishing the regular program state 29 percent of growth and the categorical state percent of growth 30 within thirty days of the submission in the year preceding 31 the base year of the governor’s budget and the subject matter 32 limitation of bills establishing the state percent of growth 33 and the categorical state percent of growth do not apply to 34 this division of this Act. 35 -31- LSB 2650XC (15) 86 tm/rn 31/ 73
S.F. _____ Sec. 59. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 DIVISION IX 4 APPORTIONMENT OF TRANSPORTATION FUNDS —— APPROPRIATION 5 Sec. 60. STREET CONSTRUCTION FUND —— APPROPRIATION. 6 1. In a written application to the treasurer of state 7 submitted by October 1, 2015, a city may request an 8 additional distribution of moneys to be credited to the street 9 construction fund of the city equal to that additional amount, 10 calculated by the treasurer, that the city would have received 11 if the funds were apportioned based upon the population of the 12 city as determined by section 312.3, subsection 2 , paragraph 13 “d”, for the months prior to the effective date of this 14 division of this Act. 15 2. Upon determination by the treasurer of state that an 16 additional amount should be credited to a city as provided by 17 this section, there is appropriated from the general fund of 18 the state to the department of transportation, for the fiscal 19 year beginning July 1, 2015, and ending June 30, 2016, an 20 amount sufficient to pay the additional amount which shall be 21 distributed to the city for deposit in the street construction 22 fund of the city. 23 Sec. 61. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 Sec. 62. RETROACTIVE APPLICABILITY. This division of this 27 Act applies retroactively to March 2011. 28 DIVISION X 29 DRUG OVERDOSE PREVENTION 30 Sec. 63. Section 85.27, Code 2015, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 1A. If an employee receives care pursuant 33 to subsection 1 and the treating physician or other health care 34 professional reasonably believes, based on such physician’s or 35 -32- LSB 2650XC (15) 86 tm/rn 32/ 73
S.F. _____ other health care professional’s professional judgment, that 1 the employee is at risk of an opioid-related overdose due to 2 the work-related injury or the treatment of the work-related 3 injury, the cost of an opioid antagonist shall be paid by the 4 employer or the employer’s insurance carrier. For purposes 5 of this subsection, “opioid antagonist” and “opioid-related 6 overdose” mean the same as defined in section 124.418. 7 Sec. 64. NEW SECTION . 124.417 Persons seeking medical 8 assistance for drug-related overdose. 9 1. As used in this section, unless the context otherwise 10 requires: 11 a. “Drug-related overdose” means a condition of a person for 12 which each of the following is true: 13 (1) The person is in need of medical assistance. 14 (2) The person displays symptoms including but not limited 15 to extreme physical illness, pinpoint pupils, decreased level 16 of consciousness including coma, or respiratory depression. 17 (3) The person’s condition is the result of, or a prudent 18 layperson would reasonably believe such condition to be the 19 result of, the consumption or use of a controlled substance. 20 b. “Overdose patient” means a person who is, or would 21 reasonably be perceived to be, suffering a drug-related 22 overdose. 23 c. “Overdose reporter” means a person who seeks medical 24 assistance for an overdose patient. 25 d. “Protected information” means information or evidence 26 collected or derived as a result of any of the following: 27 (1) An overdose patient’s good-faith actions to seek 28 medical assistance while experiencing a drug-related overdose. 29 (2) An overdose reporter’s good-faith actions to seek 30 medical assistance for an overdose patient experiencing a 31 drug-related overdose if all of the following are true: 32 (a) The overdose patient is in need of medical assistance 33 for an immediate health or safety concern. 34 (b) The overdose reporter is the first person to seek 35 -33- LSB 2650XC (15) 86 tm/rn 33/ 73
S.F. _____ medical assistance for the overdose patient. 1 (c) The overdose reporter provides the overdose reporter’s 2 name and contact information to medical or law enforcement 3 personnel. 4 (d) The overdose reporter remains on the scene until 5 assistance arrives or is provided. 6 (e) The overdose reporter cooperates with law enforcement 7 and medical personnel. 8 2. Protected information shall not be considered to support 9 probable cause and shall not be admissible as evidence against 10 an overdose patient or overdose reporter for any of the 11 following offenses: 12 a. Violation of section 124.401, subsection 1. 13 b. Possession of a controlled substance under section 14 124.401, subsection 5. 15 c. Violation of section 124.407. 16 d. Violation of section 124.414. 17 3. A person’s pretrial release, probation, supervised 18 release, or parole shall not be revoked based on protected 19 information. 20 4. Notwithstanding any other provision of law to the 21 contrary, the act of providing first aid or other medical 22 assistance to someone who is experiencing a drug-related 23 overdose may be considered by a court as a mitigating factor in 24 a criminal prosecution. 25 5. This section shall not be construed to limit the use or 26 admissibility of any evidence in a criminal case other than as 27 provided in subsection 2. 28 Sec. 65. NEW SECTION . 124.418 Possession of an opioid 29 antagonist. 30 1. For purposes of this section: 31 a. “Health care professional” means a physician and surgeon 32 or osteopathic physician and surgeon licensed under chapter 33 148, physician assistant licensed under chapter 148C, advanced 34 registered nurse practitioner licensed under chapter 152 or 35 -34- LSB 2650XC (15) 86 tm/rn 34/ 73
S.F. _____ 152E, or pharmacist licensed under chapter 155A. 1 b. “Opioid antagonist” means a drug that binds to opioid 2 receptors and blocks or inhibits the effects of opioids acting 3 on those receptors, including but not limited to naloxone 4 hydrochloride or any other similarly acting drug approved by 5 the United States food and drug administration. 6 c. “Opioid-related overdose” means a condition of a person 7 for which each of the following is true: 8 (1) The person requires medical assistance. 9 (2) The person displays symptoms including but not limited 10 to extreme physical illness, pinpoint pupils, decreased level 11 of consciousness including coma, or respiratory depression. 12 (3) The person’s condition is the result of, or a prudent 13 layperson would reasonably believe the person’s condition to 14 be the result of, consumption or use of an opioid or another 15 substance with which an opioid was combined. 16 2. Notwithstanding the provisions of this chapter or any 17 other law, a person may possess an opioid antagonist if each of 18 the following is true: 19 a. The opioid antagonist is prescribed, dispensed, 20 furnished, distributed, or otherwise provided by a health 21 care professional otherwise authorized to prescribe an opioid 22 antagonist, either directly, by standing order, or through a 23 collaborative agreement. 24 b. The person is a family member or friend of, or 25 other person in a position to assist, a person at risk of 26 experiencing an opioid-related overdose. 27 Sec. 66. NEW SECTION . 135.181 Standards and reports on 28 opioid antagonist use. 29 1. For purposes of this section: 30 a. “Emergency medical services” means the same as defined 31 in section 147A.1. 32 b. “First responder” means emergency medical personnel, 33 state and local law enforcement personnel, or fire department 34 personnel who provide emergency medical services. 35 -35- LSB 2650XC (15) 86 tm/rn 35/ 73
S.F. _____ c. “Health care professional” means a physician and surgeon 1 or osteopathic physician and surgeon licensed under chapter 2 148, physician assistant licensed under chapter 148C, advanced 3 registered nurse practitioner licensed under chapter 152 or 4 152E, or pharmacist licensed under chapter 155A. 5 d. “Opioid antagonist” means the same as defined in section 6 124.418. 7 2. The department shall develop standards for recordkeeping 8 and reporting of opioid antagonist use by first responders in 9 this state, and shall provide an annual report to the general 10 assembly with recommendations regarding the use of opioid 11 antagonists in this state. 12 3. The department shall consult with health care 13 professional organizations, organizations representing first 14 responders, and other groups as determined by the department 15 to develop protocols and instructions for the administration 16 of an opioid antagonist by a person who is not a health care 17 professional or a first responder. The department shall make 18 the protocols and instructions developed pursuant to this 19 subsection publicly available on the department’s internet 20 site. 21 Sec. 67. Section 147.107, Code 2015, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 5A. a. For purposes of this subsection: 24 (1) “Opioid antagonist” means the same as defined in section 25 124.418. 26 (2) “Opioid-related overdose” means the same as defined in 27 section 124.418. 28 b. Notwithstanding subsection 1 or any other provision 29 of law, a health care professional otherwise authorized to 30 prescribe an opioid antagonist may directly, by standing order, 31 or through collaborative agreement, prescribe, dispense, 32 furnish, or otherwise provide an opioid antagonist to a person 33 at risk of experiencing an opioid-related overdose or to a 34 family member or friend of, or other person whom the health 35 -36- LSB 2650XC (15) 86 tm/rn 36/ 73
S.F. _____ care professional believes to be in a position to assist, a 1 person at risk of experiencing an opioid-related overdose. 2 Any such prescription shall be deemed as being issued for a 3 legitimate medical purpose in the usual course of professional 4 practice. 5 c. A health care professional who prescribes an opioid 6 antagonist shall document the reasons for the prescription or 7 standing order. 8 d. A pharmacist who dispenses, furnishes, or otherwise 9 provides an opioid antagonist pursuant to a valid prescription, 10 standing order, or collaborative agreement shall provide 11 instruction to the recipient in accordance with the protocols 12 and instructions developed by the department of public health 13 under section 135.181. 14 e. A health care professional who is licensed to prescribe 15 an opioid antagonist shall not be subject to any disciplinary 16 action or civil or criminal liability for prescribing an opioid 17 antagonist to a person whom the health care professional 18 reasonably believes may be in a position to assist or 19 administer the opioid antagonist to a person at risk of an 20 opioid-related overdose. 21 Sec. 68. Section 147A.10, Code 2015, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 4. a. For purposes of this subsection: 24 (1) “Opioid antagonist” means the same as defined in section 25 124.418. 26 (2) “Opioid-related overdose” means the same as defined in 27 section 124.418. 28 b. An emergency medical care provider or a law enforcement 29 officer who has been trained in the administration of an opioid 30 antagonist and acts with reasonable care in administering an 31 opioid antagonist to another person who the emergency medical 32 care provider or law enforcement officer believes in good faith 33 to be suffering an opioid-related overdose shall not be subject 34 to civil liability, disciplinary action, or a civil or criminal 35 -37- LSB 2650XC (15) 86 tm/rn 37/ 73
S.F. _____ penalty for an act or omission related to or resulting from the 1 administration. 2 Sec. 69. NEW SECTION . 155A.45 Administration of an opioid 3 antagonist. 4 1. For purposes of this section: 5 a. “Opioid antagonist” means the same as defined in section 6 124.418. 7 b. “Opioid-related overdose” means the same as defined in 8 section 124.418. 9 2. A person who is not otherwise licensed by an appropriate 10 state board to prescribe, dispense, or administer opioid 11 antagonists to patients may, in an emergency, administer an 12 opioid antagonist to another person if the person believes in 13 good faith that the other person is suffering an opioid-related 14 overdose, and the person shall not be subject to civil 15 liability, disciplinary action, or a civil or criminal penalty 16 for an act or omission related to or resulting from the 17 administration of an opioid antagonist. 18 Sec. 70. Section 249A.20A, Code 2015, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 12. a. For purposes of this subsection, 21 “opioid antagonist” means the same as defined in section 22 124.418. 23 b. Notwithstanding anything in this section to the contrary, 24 the department shall include an opioid antagonist, including 25 any device integral to its administration, on the preferred 26 drug list. Reimbursement under the medical assistance program 27 shall be provided through existing resources. 28 c. A prescription for an opioid antagonist shall not be 29 subject to prior authorization or other utilization management 30 if the prescriber deems the opioid antagonist medically 31 necessary. 32 DIVISION XI 33 COUNTY COURTHOUSES 34 Sec. 71. Section 602.6105, subsection 2, Code 2015, is 35 -38- LSB 2650XC (15) 86 tm/rn 38/ 73
S.F. _____ amended to read as follows: 1 2. In any county having two county seats, court shall be 2 held at each , and, in the county of Pottawattamie, court shall 3 be held at Avoca, as well as at the county seat. 4 Sec. 72. REPEAL. 1884 Iowa Acts, chapter 198, is repealed. 5 DIVISION XII 6 REFUGEE FAMILY SUPPORT SERVICES 7 Sec. 73. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM. 8 1. The bureau of refugee services within the department 9 of human services shall establish, promote, and administer a 10 refugee family support services pilot program for purposes of 11 providing a grant to a state, local, or community organizations 12 working with refugee populations to contract with and train 13 multiple refugees to act as refugee community navigators. 14 2. An organization awarded a grant pursuant to this section 15 shall recruit and train multiple refugee community navigators 16 to educate and provide direct assistance to their respective 17 refugee communities so the refugee communities can successfully 18 access and utilize existing community resources and services. 19 3. The refugee community navigators shall train other 20 refugee community members and shall offer home-based, 21 peer-group learning sessions about resources in the community. 22 4. A grant awarded pursuant to this section shall be 23 used for employment costs of a program manager and community 24 navigator coordinator, and contract and stipend costs for 25 multiple refugee community navigators for each organization. 26 5. The bureau of refugee services shall award one grant to 27 a state, local, or community organization through a competitive 28 application process. The bureau shall provide moneys over a 29 three-year period to an organization awarded a grant. 30 6. A state, local, or community organization awarded a grant 31 pursuant to this section shall provide the bureau with annual 32 progress reports. The bureau of refugee services shall present 33 a report of the program goals and outcomes to the general 34 assembly. 35 -39- LSB 2650XC (15) 86 tm/rn 39/ 73
S.F. _____ 7. The bureau of refugee services shall conduct a 1 comprehensive review of the refugee family support services 2 pilot program and shall, by December 31, 2017, submit a 3 report of its review, as well as any recommendations and cost 4 projections of its recommendations to the governor and the 5 general assembly. 6 8. The bureau of refugee services may expend program moneys 7 for administrative expenses as provided by law. 8 Sec. 74. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM 9 APPROPRIATION. There is appropriated from the general fund of 10 the state to the department of human services for the fiscal 11 year beginning July 1, 2014, and ending June 30, 2015, the 12 following amount, or so much thereof as is necessary, to be 13 used for the purposes designated: 14 For a pilot project pursuant to the refugee family support 15 services pilot project program created in this division of this 16 Act in a county with a population over 350,000 as determined by 17 the 2010 federal decennial census: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 19 Of the moneys appropriated for each fiscal year, $40,000 may 20 be used for bureau of refugee services’ administration costs 21 for establishing, promoting, and administering the program. 22 Notwithstanding section 8.33, moneys appropriated in this 23 section that remain unencumbered or unobligated at the close of 24 the fiscal year shall not revert but shall remain available for 25 expenditure for the purposes designated until the close of the 26 succeeding fiscal year. 27 Sec. 75. EFFECTIVE UPON ENACTMENT. This division of this 28 Act, being deemed of immediate importance, takes effect upon 29 enactment. 30 DIVISION XIII 31 DEPARTMENT OF MANAGEMENT —— DUTIES 32 Sec. 76. Section 8.6, subsections 12 and 13, Code 2015, are 33 amended by striking the subsections. 34 Sec. 77. Section 8A.111, Code 2015, is amended by adding the 35 -40- LSB 2650XC (15) 86 tm/rn 40/ 73
S.F. _____ following new subsection: 1 NEW SUBSECTION . 11. An annual report on the administration 2 and promotion of equal opportunity in state contracts and 3 services under section 19B.7. 4 Sec. 78. Section 19B.6, Code 2015, is amended to read as 5 follows: 6 19B.6 Responsibilities of department of administrative 7 services and department of management —— affirmative action. 8 The department of administrative services shall oversee the 9 implementation of sections 19B.1 through 19B.5 and shall work 10 with the governor to ensure compliance with those sections, 11 including the attainment of affirmative action goals and 12 timetables, by all state agencies, excluding the state board 13 of regents and its institutions. The department of management 14 shall oversee the implementation of sections 19B.1 through 15 19B.5 and shall work with the governor to ensure compliance 16 with those sections, including the attainment of affirmative 17 action goals and timetables, by the state board of regents and 18 its institutions. 19 Sec. 79. Section 19B.7, subsection 1, unnumbered paragraph 20 1, Code 2015, is amended to read as follows: 21 Except as otherwise provided in subsection 2 , the department 22 of management administrative services is responsible for the 23 administration and promotion of equal opportunity in all state 24 contracts and services and the prohibition of discriminatory 25 and unfair practices within any program receiving or benefiting 26 from state financial assistance in whole or in part. In 27 carrying out these responsibilities the department of 28 management administrative services shall: 29 Sec. 80. Section 19B.8, Code 2015, is amended to read as 30 follows: 31 19B.8 Sanctions. 32 The department of management administrative services may 33 impose appropriate sanctions on individual state agencies, 34 including the state board of regents and its institutions, and 35 -41- LSB 2650XC (15) 86 tm/rn 41/ 73
S.F. _____ upon a community college, area education agency, or school 1 district, in order to ensure compliance with state programs 2 emphasizing equal opportunity through affirmative action, 3 contract compliance policies, and requirements for procurement 4 goals for targeted small businesses. 5 DIVISION XIV 6 CLAIMS AGAINST THE STATE AND BY THE STATE 7 Sec. 81. Section 8.55, subsection 3, paragraph a, Code 2015, 8 is amended to read as follows: 9 a. Except as provided in paragraphs “b” , “c” , and “d” , and 10 “0e” , the moneys in the Iowa economic emergency fund shall 11 only be used pursuant to an appropriation made by the general 12 assembly. An appropriation shall only be made for the fiscal 13 year in which the appropriation is made. The moneys shall 14 only be appropriated by the general assembly for emergency 15 expenditures. 16 Sec. 82. Section 8.55, subsection 3, Code 2015, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . 0e. There is appropriated from the Iowa 19 economic emergency fund to the state appeal board an amount 20 sufficient to pay claims authorized by the state appeal board 21 as provided in section 25.2. 22 Sec. 83. Section 25.2, subsection 4, Code 2015, is amended 23 to read as follows: 24 4. Payments authorized by the state appeal board shall be 25 paid from the appropriation or fund of original certification 26 of the claim. However, if that appropriation or fund has since 27 reverted under section 8.33 , then such payment authorized by 28 the state appeal board shall be out of any money in the state 29 treasury not otherwise appropriated as follows: 30 a. From the appropriation made from the Iowa economic 31 emergency fund in section 8.55 for purposes of paying such 32 expenses . 33 b. To the extent the appropriation from the Iowa economic 34 emergency fund described in paragraph “a” is insufficient to 35 -42- LSB 2650XC (15) 86 tm/rn 42/ 73
S.F. _____ pay such expenses, there is appropriated from moneys in the 1 general fund of the state not otherwise appropriated the amount 2 necessary to fund the deficiency. 3 DIVISION XV 4 STATE GEOLOGICAL SURVEY 5 Sec. 84. Section 456.1, Code 2015, is amended by striking 6 the section and inserting in lieu thereof the following: 7 456.1 Geological survey created —— definitions. 8 1. A state geological survey is created within the IIHR —— 9 hydroscience and engineering unit of the university of Iowa 10 college of engineering. 11 2. As used in this chapter, unless the context otherwise 12 requires: 13 a. “Director” means the director of the unit. 14 b. “Unit” means the IIHR —— hydroscience and engineering 15 unit of the university of Iowa college of engineering. 16 Sec. 85. NEW SECTION . 456.1B Mission. 17 1. It is the mission of the state geological survey to 18 plan and implement initiatives that result in the acquisition 19 of comprehensive information regarding the mineral and water 20 resources of this state, with an emphasis on water supply 21 developments and monitoring the effects of environmental 22 impacts on water quality in a politically independent manner. 23 The state geological survey shall endeavor to enhance this 24 state’s economy through the enlightened development and 25 management of this state’s precious geological and hydrological 26 resources, while providing a clean and healthy environment for 27 Iowa’s citizens. 28 2. The state geological survey shall analyze, interpret, 29 and make available to the public, private sector, and public 30 policymakers publications, consultant services, and a library 31 of databases in order to improve the integration, and analysis 32 of natural resource information in a manner that improves 33 decisions affecting the management, development and protection 34 of Iowa’s natural resources. 35 -43- LSB 2650XC (15) 86 tm/rn 43/ 73
S.F. _____ Sec. 86. NEW SECTION . 456.1C Cooperation. 1 The state geological survey shall cooperate with federal 2 and state agencies to maximize the benefits derived from 3 resource assessments and to expand educational and technology 4 transfer programs. The survey shall cooperate with all of the 5 following: 6 1. For the federal government, the United States department 7 of agriculture, and United States geological survey. 8 2. For institutions under the control of the state board of 9 regents, the Iowa flood center established in section 466C.1, 10 the state hygienic laboratory as provided in section 263.7, and 11 the state archaeologist appointed pursuant to section 263B.1. 12 Sec. 87. NEW SECTION . 456.1D Administration. 13 1. For administrative purposes, the state geological 14 survey shall be located in or in proximity to Iowa City. The 15 president of the university shall cooperate with the director 16 to provide office space, staff assistance, and necessary 17 supplies and equipment. 18 2. The state geologist may establish divisions within 19 the state geological survey and positions within the 20 division, which may provide for geological studies, 21 stratigraphy and economic geology, water resources, technical 22 services, administrative services, and contracts and grants 23 administration. 24 Sec. 88. Section 456.4, Code 2015, is amended to read as 25 follows: 26 456.4 Investigations —— collection —— renting space. 27 The state geologist shall investigate the characters of the 28 various soils and their capacities for agricultural purposes, 29 the streams, and other scientific and natural resource matters 30 that may be of practical importance and interest. For the 31 purpose of preserving well drilling samples, rock cores, 32 fossils, and other materials as may be necessary to carry on 33 investigations, the state geologist shall have the authority 34 to lease or rent sufficient space for storage of these 35 -44- LSB 2650XC (15) 86 tm/rn 44/ 73
S.F. _____ materials with the approval of the director of the department 1 of administrative services . A complete cabinet collection 2 may be made to illustrate the natural products of the state, 3 and the state geologist may also furnish suites of materials, 4 rocks, and fossils for colleges and public museums within the 5 state, if it can be done without impairing the general state 6 collection. 7 Sec. 89. Section 456.7, Code 2015, is amended to read as 8 follows: 9 456.7 Annual report. 10 The state geologist shall, annually, at the time provided 11 by law, make to the director and to the governor a full 12 report of the work in the preceding year, which report shall 13 be accompanied by such other reports and papers as may be 14 considered desirable for publication. 15 Sec. 90. Section 456.10, Code 2015, is amended to read as 16 follows: 17 456.10 Distribution and sale of reports. 18 All publications of the geological survey shall be 19 distributed by the state geologist as are other published 20 reports of state officers when no special provision is made. 21 When such distribution has been made the state geologist shall 22 retain a sufficient number of copies to supply probable future 23 demands and any copies in excess of such number shall be sold 24 to persons making application therefor at the cost price of 25 publication, the money thus accruing to be turned into the 26 treasury of the state. 27 Sec. 91. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 28 1. Any rule, regulation, form, order, or directive 29 promulgated by the department of natural resources as required 30 to administer and enforce the provisions of chapter 456 shall 31 continue in full force and effect until amended, repealed, or 32 supplemented by affirmative action of the state geological 33 survey. 34 2. An administrative hearing or court proceeding arising 35 -45- LSB 2650XC (15) 86 tm/rn 45/ 73
S.F. _____ out of an enforcement action under section 455B.109 pending 1 on the effective date of this division of this Act shall not 2 be affected due to this division of this Act. Any cause of 3 action or statute of limitation relating to an action taken by 4 the department of natural resources shall not be affected as a 5 result of this division of this Act and such cause or statute 6 of limitation shall apply to the state geological survey. 7 3. Any personnel in the state merit system of employment who 8 are mandatorily transferred due to the effect of this division 9 of this Act shall be so transferred without any loss in salary, 10 benefits, or accrued years of service. 11 4. Any replacement of signs, logos, stationery, insignia, 12 uniforms, and related items that is made necessary due to the 13 effect of this division of this Act shall be done as part of the 14 normal replacement cycle for such items. 15 Sec. 92. STATE GEOLOGICAL SURVEY. There is appropriated 16 from the general fund of the state to the university of Iowa 17 for the fiscal year beginning July 1, 2015, and ending June 30, 18 2016, the following amount, or so much thereof as is necessary, 19 to be used for the purposes designated: 20 For the state geological survey, including salaries, 21 support, maintenance, and miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 23 Moneys appropriated to the department of natural resources 24 in 2015 Iowa Acts, Senate File 494, if enacted, for the 25 fiscal year beginning July 1, 2015, for purposes of supporting 26 the department including administration, regulation, and 27 programs, are reduced by $1,000,000. Moneys appropriated to 28 the department of natural resources in 2015 Iowa Acts, Senate 29 File 494, if enacted, for the fiscal year beginning July 1, 30 2016, for purposes of supporting the department including 31 administration, regulation, and programs, are reduced by 32 $500,000. 33 DIVISION XVI 34 REVIVAL OF USE RESTRICTIONS 35 -46- LSB 2650XC (15) 86 tm/rn 46/ 73
S.F. _____ Sec. 93. NEW SECTION . 564B.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Bylaws” means the instruments, however denominated, 4 that contain the procedures for conducting the affairs of the 5 homeowners’ association or the executive board regardless of 6 the form in which the homeowners’ association is organized, 7 including any amendments to such instruments. 8 2. a. “Common interest community” means real estate 9 described in a declaration with respect to which a person, by 10 virtue of the person’s ownership of a parcel, is obligated 11 to pay for a share of real estate taxes, insurance premiums, 12 maintenance, or improvement of, or services or other expenses 13 related to, common elements, other parcels, or other real 14 estate described in the declaration. “Common interest 15 community” includes a cooperative under chapter 499A and a 16 horizontal property regime under chapter 499B. 17 b. “Common interest community” does not include a covenant 18 that requires the owners of separate parcels of real estate to 19 share costs or other obligations related to a wall, driveway, 20 well, or other similar structure, unless all such owners 21 consent in writing to the creation of a common interest 22 community. 23 3. “Declaration” means a recorded written instrument in the 24 nature of covenants running with the land that subject the land 25 comprising the common interest community to the jurisdiction 26 and control of a homeowners’ association in which the owners of 27 the parcels are required to be members. 28 4. “Executive board” means the body, regardless of name, 29 designated in the declaration, formation document, or bylaws to 30 act on behalf of the homeowners’ association. 31 5. “Formation document” means the document filed with the 32 secretary of state that creates a business entity, including 33 but not limited to articles of incorporation, articles of 34 organization, and a certificate of organization. 35 -47- LSB 2650XC (15) 86 tm/rn 47/ 73
S.F. _____ 6. “Homeowners’ association” means an entity responsible 1 for the operation of a common interest community in which the 2 voting membership is made up of parcel owners and in which 3 membership is a mandatory condition of parcel ownership, and 4 which is authorized to impose assessments that, if unpaid, may 5 become a lien on the parcel. 6 7. “Parcel” means a physical portion of the common interest 7 community designated for separate ownership or occupancy or 8 as otherwise defined in the statute under which the common 9 interest community is organized. 10 8. “Parcel owner” means the record owner of legal title to 11 a parcel or, if the parcel is subject to a contract for deed, 12 the vendee of the real estate contract. “Parcel owner” does 13 not include a person having an interest in a parcel solely as 14 security for an obligation. 15 9. “Use restrictions” means the same as defined in section 16 614.24, subsection 5. 17 Sec. 94. NEW SECTION . 564B.2 Revival of use restrictions. 18 Parcel owners in a common interest community may revive use 19 restrictions in a declaration that have become unenforceable 20 by operation of section 614.24 if all of the following 21 requirements are met: 22 1. All parcels which will be subject to the revived use 23 restrictions were previously subject to the use restrictions. 24 2. The affected parcel owners approve the revived use 25 restrictions in the manner provided in this chapter. 26 Sec. 95. NEW SECTION . 564B.3 Procedure to revive use 27 restrictions. 28 1. The proposal to revive use restrictions may contain 29 less than all of the use restrictions which have become 30 unenforceable by operation of section 614.24, but shall not 31 modify any use restriction sought to be revived. 32 2. The proposal to revive use restrictions in a declaration 33 under the terms of this chapter may be initiated by either of 34 the following: 35 -48- LSB 2650XC (15) 86 tm/rn 48/ 73
S.F. _____ a. The executive board. 1 b. The parcel owners, if a petition is signed by parcel 2 owners who own at least ten percent of the parcels. Such 3 petition shall include the language of the use restrictions 4 proposed to be revived. 5 3. If a proposal is initiated under subsection 2, the 6 executive board shall prepare or cause to be prepared the 7 complete text of the proposed use restrictions to be submitted 8 to the affected parcel owners for approval. 9 4. a. The executive board shall present or cause to be 10 presented to all of the affected parcel owners, by mail or hand 11 delivery, all of the following: 12 (1) A notice containing either the place, date, and time of 13 the meeting at which the revival of the use restrictions will 14 be considered and voted upon or instructions for an action by 15 written ballot, including the last date that a written ballot 16 will be accepted. 17 (2) A copy of the complete text of the use restrictions 18 proposed to be revived. 19 (3) The existing declaration, formation document, and 20 bylaws of the homeowners’ association. 21 (4) A graphic depiction of the property and the parcels to 22 be governed by the revived use restrictions. 23 (5) A statement that the use restrictions will be revived 24 if parcel owners who own a majority of the affected parcels 25 approve revival. 26 b. The parcel owners entitled to receive notice and the 27 materials described in paragraph “a” are the owners of affected 28 parcels as of the close of business on the business day 29 preceding the day on which notice is given. 30 5. The use restrictions shall be revived if the owners of 31 a majority of the affected parcels approve the revived use 32 restrictions by a vote at a meeting of the affected parcel 33 owners conducted in the manner described in section 564B.4 or 34 in an action by written ballot as described in section 564B.5. 35 -49- LSB 2650XC (15) 86 tm/rn 49/ 73
S.F. _____ Sec. 96. NEW SECTION . 564B.4 Meetings to revive use 1 restrictions. 2 1. A vote to revive use restrictions shall not be held 3 unless the parcel owners described in section 564B.3, 4 subsection 4, paragraph “b” , received the notice and documents 5 specified in section 564B.3, subsection 4, not less than 6 fourteen days or more than sixty days before such a vote. 7 2. A quorum shall be met if parcel owners who own a majority 8 of the affected parcels are present at the meeting, either in 9 person or by proxy. 10 3. The parcel owners entitled to vote at the meeting are the 11 owners of affected parcels as of the date of the meeting. 12 4. At the meeting, there shall be one vote per parcel, 13 regardless of the number of parcel owners who own such parcel. 14 5. a. The parcel owners have the right to vote in person 15 or by proxy. 16 b. To be valid, a proxy must be dated, shall state the date, 17 time, and place of the meeting for which the proxy was given, 18 and shall be signed by the parcel owner. If a parcel is owned 19 by more than one person, each owner of the parcel shall sign 20 the proxy for such proxy to be valid. 21 c. A proxy is effective only for the specific meeting for 22 which the proxy was originally given. 23 d. A proxy is revocable at any time at the discretion of a 24 parcel owner who executed the proxy. 25 e. If the proxy form expressly so provides, any proxy holder 26 may appoint, in writing, a substitute to act in the proxy 27 holder’s place. 28 Sec. 97. NEW SECTION . 564B.5 Action by written ballot. 29 1. A vote to revive use restrictions may be taken without a 30 meeting if the executive board delivers a written ballot with 31 the notice and other documents required to be delivered under 32 section 564B.3, subsection 4, to the owners of every affected 33 parcel. 34 2. A written ballot shall set forth the use restrictions 35 -50- LSB 2650XC (15) 86 tm/rn 50/ 73
S.F. _____ proposed to be revived and provide an opportunity to vote for 1 or against revival. 2 3. One written ballot shall be provided for each parcel, 3 regardless of the number of parcel owners who own such parcel. 4 4. The use restrictions shall be revived if the parcel 5 owners of a majority of the affected parcels approve the 6 revived use restrictions by written ballot. 7 5. The deadline for the written ballot to be received to 8 be counted shall be at least fourteen days, but not more than 9 sixty days, after the written ballot was delivered. 10 6. A written ballot that has been cast shall not be revoked. 11 Sec. 98. NEW SECTION . 564B.6 Recording and notice of 12 recording. 13 1. No later than thirty days after the parcel owners have 14 approved the revival of the use restrictions, the executive 15 board shall file the revived use restrictions with the recorder 16 of each county in which the land comprising the common interest 17 community is located. 18 2. Immediately after recording the revived use 19 restrictions, the executive board shall mail or deliver, or 20 shall cause to be mailed or delivered, a complete copy of the 21 revived use restrictions to each parcel owner. 22 Sec. 99. NEW SECTION . 564B.7 Effect of revived use 23 restrictions. 24 1. The revived use restrictions shall be effective upon 25 recordation with respect to each affected parcel, regardless 26 of whether an owner of an affected parcel approved the revived 27 use restrictions. 28 2. The revived use restrictions shall not be given 29 retroactive effect with respect to any affected parcel. 30 3. A use restriction revived under this chapter shall not be 31 enforced against a parcel if each of the following are true: 32 a. A parcel owner made a good-faith investment that would be 33 impaired by such enforcement. 34 b. The good-faith investment described in paragraph “a” was 35 -51- LSB 2650XC (15) 86 tm/rn 51/ 73
S.F. _____ made after the use restriction was unenforceable under section 1 614.24 and before the use restriction was revived pursuant to 2 this chapter. 3 Sec. 100. Section 614.24, Code 2015, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 6. If use restrictions are revived pursuant 6 to chapter 564B, the recording date for purposes of the 7 twenty-one year limitation in subsection 1 shall be the date 8 the revived use restrictions are recorded under section 564B.6, 9 subsection 1. 10 Sec. 101. APPLICABILITY. This division of this Act applies 11 to common interest communities created prior to, and still in 12 existence on, July 1, 2015, and created on or after July 1, 13 2015. 14 DIVISION XVII 15 INTEROPERABLE COMMUNICATIONS 16 Sec. 102. Section 80.28, subsection 2, unnumbered paragraph 17 1, Code 2015, is amended to read as follows: 18 The board shall consist of fifteen seventeen voting members, 19 as follows: 20 Sec. 103. Section 80.28, subsection 2, paragraph b, 21 subparagraph (4), Code 2015,