SSB 1289 (LSB 2650XC (15) 86)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY)

A BILL FOR

An Act relating to state and local finances by making appropriations, providing for fees, providing for legal responsibilities, providing for certain employee benefits, and providing for regulatory, taxation, and properly related matters, and including penalties and effective date and retroactive and other applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
STANDING APPROPRIATIONS AND RELATED MATTERS
    Section 1.  BUDGET PROCESS FOR FISCAL YEAR 2016-2017 AND FISCAL YEAR 2017-2018.
   1.  For the budget process applicable to the fiscal year beginning July 1, 2016, on or before October 1, 2015, in lieu of the information specified in section 8.23, subsection 1, unnumbered paragraph 1, and paragraph “a”, all departments and establishments of the government shall transmit to the director of the department of management, on blanks to be furnished by the director, estimates of their expenditure requirements, including every proposed expenditure, for the ensuing fiscal year, together with supporting data and explanations as called for by the director of the department of management after consultation with the legislative services agency.
   2.  The estimates of expenditure requirements shall be in a form specified by the director of the department of management, and the expenditure requirements shall include all proposed expenditures and shall be prioritized by program or the results to be achieved. The estimates shall be accompanied by performance measures for evaluating the effectiveness of the programs or results.
    Sec. 2.  LIMITATIONS OF STANDING APPROPRIATIONS —— FY 2015-2016.  Notwithstanding the standing appropriations in the following designated sections for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the amounts appropriated from the general fund of the state pursuant to these sections for the following designated purposes shall not exceed the following amounts:
   1.  For operational support grants and community cultural grants under section 99F.11, subsection 3, paragraph “d”, subparagraph (1):

.................................................. $    416,702

   2.  For payment for nonpublic school transportation under section 285.2:

.................................................. $  8,560,931

   If total approved claims for reimbursement for nonpublic school pupil transportation exceed the amount appropriated in accordance with this subsection, the department of education shall prorate the amount of each approved claim.

   3.  For the enforcement of chapter 453D relating to tobacco product manufacturers under section 453D.8:

.................................................. $     18,416
    Sec. 3.  LIMITATIONS OF STANDING APPROPRIATIONS —— FY 2016-2017.  Notwithstanding the standing appropriations in the following designated sections for the fiscal year beginning July 1, 2016, and ending June 30, 2017, the amounts appropriated from the general fund of the state pursuant to these sections for the following designated purposes shall not exceed the following amounts:
   1.  For operational support grants and community cultural grants under section 99F.11, subsection 3, paragraph “d”, subparagraph (1):

.................................................. $    208,351

   2.  For payment for nonpublic school transportation under section 285.2:

.................................................. $  8,560,931

   If total approved claims for reimbursement for nonpublic school pupil transportation exceed the amount appropriated in accordance with this subsection, the department of education shall prorate the amount of each approved claim.

   3.  For the enforcement of chapter 453D relating to tobacco product manufacturers under section 453D.8:

.................................................. $      9,208
    Sec. 4.  INSTRUCTIONAL SUPPORT STATE AID —— FY 2015-2016 —— FY 2016-2017.  In lieu of the appropriation provided in section 257.20, subsection 2, the appropriation for the fiscal years beginning July 1, 2015, and July 1, 2016, for paying instructional support state aid under section 257.20 for such fiscal years is zero.
    Sec. 5.  GENERAL ASSEMBLY.
   1.  The appropriations made pursuant to section 2.12 for the expenses of the general assembly and legislative agencies for the fiscal year beginning July 1, 2015, and ending June 30, 2016, are reduced by the following amount:

.................................................. $  4,223,452

   2.  The budgeted amounts for the general assembly and legislative agencies for the fiscal year beginning July 1, 2015, may be adjusted to reflect the unexpended budgeted amounts from the previous fiscal year.

DIVISION II
MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
    Sec. 6.  DEPARTMENT OF CORRECTIONS —— APPROPRIATION.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For operations, including salaries, support, maintenance, and miscellaneous purposes, including training and additional costs associated with the new correctional facility located in Fort Madison:

.................................................. $  1,000,000

   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 7.  DEPARTMENT OF PUBLIC HEALTH.  There is appropriated from the general fund of the state to the department of public health for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount to be used for the purposes designated:
  For the public purpose of providing a grant on behalf of substance-related disorder treatment providers in accordance with this section:

.................................................. $  2,800,000

   The appropriation made in this section shall be distributed as a grant to an association representing the majority of the nonprofit substance-related disorder treatment providers licensed under section 125.13 by the department as of January 1, 2015, that receive federal prevention and treatment of substance abuse block grant funding through the department. The grant shall be used for bulk purchasing and to implement an electronic health record system in the providers that receive that federal grant. The electronic health record system implemented with the grant shall comply with the electronic health information provisions implemented pursuant to section 135.156 and with the mental health and disabilities services system central data repository implemented pursuant to section 225C.6A and other data requirements under chapter 225C. Each of the providers shall have the electronic health record system fully operational on or before July 1, 2018.

   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year for which appropriated shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 8.  HEART ATTACK TREATMENT —— APPROPRIATION.  There is appropriated from the general fund of the state to the department of public health for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For a collaborative effort between the department of public health, the Iowa emergency medical services association, the American heart association, midwest affiliate, Iowa’s health systems and hospitals, and emergency medical service providers, to supplement funding received through a grant from the Leona M. and Harry B. Helmsley charitable trust for a program to enhance systems of care, save lives, and improve outcomes for heart attack patients in rural Iowa called the mission: lifeline program:

.................................................. $  1,500,000

   Moneys appropriated under this section shall be used to enhance the critical elements of an optimal ST-elevated myocardial infarction (STEMI) system of care including the provision of 12-lead electrocardiogram (EKG) machines, the provision of a systemwide data tool for quality measurement and improvement, ongoing medical provider training and STEMI education, coordination of protocols for rural emergency management systems and hospital personnel, the implementation of regional plans for rapid transport and transfer of patients, the implementation of a public education campaign on heart attack signs and symptoms and the need to activate the 911 system, and the provision of assistance to hospitals and emergency medical services providers in acquiring essential electrocardiogram equipment and training.

   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year for which appropriated shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1, 2017.
    Sec. 9.  DEBT COLLECTIONS.  The judicial branch shall evaluate and study current practice for the collection of court debt. By January 1, 2016, the judicial branch shall file a report with the general assembly regarding the findings of the study. The report shall include any recommended changes that would increase the efficiency of collection of court debt.
    Sec. 10.  IOWA NEW JOBS TRAINING AGREEMENTS.  An Iowa community college that entered into a new jobs training agreement pursuant to chapter 260E, which was effective in April 2012, with an Iowa employer may enter into a new agreement with such employer pursuant to chapter 260E, which will be effective September 2015, and may use the base employment determined in April 2012 as the base employment for determining the new jobs eligible under the new agreement if the base employment determined in April 2012 was 2,125 employees. The new agreement under chapter 260E shall be limited to seven years from the effective date of the agreement.
    Sec. 11.  Section 8D.4, Code 2015, is amended to read as follows:
   8D.4  Executive director appointed.

   The commission, in consultation with the director of the department of administrative services and the chief information officer, shall appoint an executive director of the commission, subject to confirmation by the senate. Such individual shall not serve as a member of the commission. The executive director shall serve at the pleasure of the commission. The executive director shall be selected primarily for administrative ability and knowledge in the field, without regard to political affiliation. The governor shall establish the salary of the executive director within the applicable salary range nine as established by the general assembly. The salary and support of the executive director shall be paid from funds deposited in the Iowa communications network fund.
    Sec. 12.  Section 43.45, subsection 3, as enacted by 2015 Iowa Acts, Senate File 415, section 1, is amended to read as follows:
   3.  Notwithstanding any requirement to the contrary in subsection 1 and subsection 2, paragraph “c”, the commissioner of a county using digital ballot counting technology may direct the precinct election officials to tally and record write-in votes at the precincts after the closing of the polls or may direct the precinct election officials to sort the ballots by print the write-in report containing digital images of write-in votes for delivery to the special precinct board to tally and record the write-in votes on any day following election day and prior to the canvass by the board of supervisors under section 43.49. For the purposes of this subsection “digital ballot counting technology” is technology in which digital images of write-in votes are printed by the precinct election officials at the polling place after the close of voting.
    Sec. 13.  NEW SECTION.  91A.5B  Treatment of adoptive parent employees.
   1.  For purposes of this section, “adoption” means the permanent placement in this state of a child by the department of human services, by a licensed agency under chapter 238, by an agency that meets the provisions of the interstate compact in section 232.158, or by a person making an independent placement according to the provisions of chapter 600.
   2.  An employer shall treat an employee who chooses to adopt in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption.
    Sec. 14.  Section 123.132, subsection 3, as enacted by 2015 Iowa Acts, Senate File 456, section 1, is amended to read as follows:
   3.  A container of beer other than the original container that is sold and sealed in compliance with the requirements of subsection 2 and the division’s rules shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.
    Sec. 15.  Section 136C.3, subsection 10, Code 2015, is amended to read as follows:
   10.  a.  Adopt rules specifying the minimum training and performance standards for an individual using a radiation machine for mammography, and other rules necessary to implement section 136C.15. The rules shall complement federal requirements applicable to similar radiation machinery and shall not be less stringent than those federal requirements.
   b.  (1)  Adopt rules to require that, by January 1, 2016, a facility at which mammography services are performed shall include information on breast density in mammogram reports sent to patients pursuant to regulations implementing the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended. If a patient is categorized by an interpreting physician at the facility as having heterogeneously dense breasts or extremely dense breasts based on standards as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including the breast imaging reporting and data system of the American college of radiology, the report to the patient shall include notice that the patient has dense breast tissue, that this may make it more difficult to detect cancer on a mammogram, and that it may increase the patient’s risk of breast cancer. The notice may contain the following language:
  State law requires the following notification:

  Your mammogram indicates that you have dense breast tissue. Dense breast tissue may make it more difficult to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer. You are encouraged to consult with your primary health care provider regarding the results of your mammogram. Together you can best decide which additional screening options may be right for you based on your mammogram results, individual risk factors, or physical examination.

   (2)  Nothing in this paragraph “b” shall be construed to modify the existing liability of a facility where mammography services are performed beyond the duty to provide the information set forth in this paragraph “b”.
   (3)  Nothing in this paragraph “b” shall be deemed to require a notice or the provision of information that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended, or any regulations promulgated pursuant to that Act.
    Sec. 16.  Section 418.15, subsection 1, Code 2015, is amended to read as follows:
   1.  A governmental entity shall not receive remittances of sales tax revenue under this chapter after twenty years from the date the governmental entity’s project was approved by the board unless the remittance amount is calculated under section 418.11 based on sales subject to the tax under section 432.2 occurring before the expiration of the twenty-year period.
    Sec. 17.  Section 602.1304, subsection 2, paragraph a, Code 2015, is amended to read as follows:
   a.  The enhanced court collections fund is created in the state treasury under the authority of the supreme court. The fund shall be separate from the general fund of the state and the balance in the fund shall not be considered part of the balance of the general fund of the state. Notwithstanding section 8.33, moneys in the fund shall not revert to the general fund, unless and to the extent the total amount of moneys deposited into the fund in a fiscal year would exceed the maximum annual deposit amount established for the collections fund by the general assembly. The initial maximum annual deposit amount for a fiscal year is four million dollars. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the collections fund shall remain in the collections fund and any interest and earnings shall be in addition to the maximum annual deposit amount.  The maximum annual deposit amount shall be the following amounts for the following fiscal years:
   (1)  For the fiscal year beginning July 1, 2015, seven million dollars.
   (2)  For the fiscal year beginning July 1, 2016, seven million dollars.
   (3)  For the fiscal year beginning July 1, 2017, seven million dollars.
   (4)  For the fiscal year beginning July 1, 2018, five million dollars.
   (5)  For the fiscal year beginning July 1, 2019, and each fiscal year thereafter, four million five hundred thousand dollars.
    Sec. 18.  Section 633.535, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  A named beneficiary of a bond, life insurance policy, or any other contractual arrangement convicted of a felony referenced in paragraph “d” that was perpetrated against the principal obligee or person upon whose life the policy is issued or whose death generates the benefits under any other contractual arrangement, in the six months immediately prior to the obligee’s or person’s death, is not entitled to any benefit under the bond, policy, or other contractual arrangement.
   b.  The procedure set out in section 633.536 applies and the benefits become payable as though the convicted obligee or person had predeceased the decedent.
   c.  However, a principal obligee or person upon whose life the policy is issued or whose death generates the benefits under any other contractual arrangement, in the six months immediately prior to the obligee’s or person’s death, may affirm by a signed, notarized affidavit that the beneficiary should receive any benefit under the bond, policy, or other contractual arrangement despite a felony conviction referenced in this subsection.
   d.  This subsection applies to a conviction for any of the following felonies:
   (1)  Any felony contained in chapter 707.
   (2)  Any felony contained in chapter 708.
   (3)  Any felony contained in chapter 709.
   (4)  Any felony contained in chapter 710.
    Sec. 19.  Section 708.2A, subsection 1, Code 2015, is amended to read as follows:
   1.  For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph “a”, “b”, “c”, or “d”, or “e”.
    Sec. 20.  NEW SECTION.  708.11A  Unauthorized placement of global positioning device.
   1.  A person commits unauthorized placement of a global positioning device, when, with intent to intimidate, annoy, or alarm another person, the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person without a legitimate purpose.
   2.  A person who commits a violation of this section commits a serious misdemeanor.
    Sec. 21.  EFFECTIVE UPON ENACTMENT.  The following provision or provisions of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division of this Act appropriating moneys to the department of corrections for the fiscal year beginning July 1, 2014, and ending June 30, 2015, for operations including training and additional costs associated with the new correctional facility located in Fort Madison.
   2.  The section of this division of this Act appropriating moneys to the department of public health for the fiscal year beginning July 1, 2014, and ending June 30, 2015, for purposes of providing a grant on behalf of substance-related disorder treatment providers.
   3.  The section of this division of this Act appropriating moneys to the department of public health for the fiscal year beginning July 1, 2014, and ending June 30, 2015, for purposes of providing a collaborative effort between certain entities for heart attack patients.

DIVISION III
SALARIES, COMPENSATION, AND RELATED MATTERS
    Sec. 22.  SPECIAL FUNDS.  For the fiscal year beginning July 1, 2015, and ending June 30, 2016, and for the fiscal year beginning July 1, 2016, and ending June 30, 2017, salary adjustments may be funded using departmental revolving, trust, or special funds for which the general assembly has established an operating budget, provided doing so does not exceed the operating budget established by the general assembly.
    Sec. 23.  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.

DIVISION IV
CORRECTIVE PROVISIONS
    Sec. 24.  Section 123.122, Code 2015, as amended by 2015 Iowa Acts, House File 536, section 48, is amended to read as follows:
   123.122  Permit or license required.

   A person shall not manufacture for sale or sell beer at wholesale or retail unless a permit is first obtained as provided in this subchapter or, a liquor control license authorizing the retail sale of beer is first obtained as provided in division subchapter I of this chapter. A liquor control license holder is not required to hold a separate class “B” beer permit.
    Sec. 25.  Section 227.10, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 53, is amended to read as follows:
   227.10  Transfers from county or private institutions.

   Patients who have been admitted at public expense to any institution to which this chapter is applicable may be involuntarily transferred to the proper state hospital for persons with mental illness in the manner prescribed by sections 229.6 to 229.13. The application required by section 229.6 may be filed by the administrator of the division or the administrator’s designee, or by the administrator of the institution where the patient is then being maintained or treated. If the patient was admitted to that institution involuntarily, the administrator of the division may arrange and complete the transfer, and shall report it as required of a chief medical officer under section 229.15, subsection 5. The transfer shall be made at the mental health and disabilities disability services region’s expense, and the expense recovered, as provided in section 227.7. However, transfer under this section of a patient whose expenses are payable in whole or in part by a the mental health and disabilities disability services region is subject to an authorization for the transfer through the regional administrator for the patient’s county of residence.
    Sec. 26.  Section 227.14, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 56, is amended to read as follows:
   227.14  Caring for persons with mental illness from other counties.

   The regional administrator for a county that does not have proper facilities for caring for persons with mental illness may, with the consent of the administrator of the division, provide for such care at the expense of the mental health and disabilities disability services region in any convenient and proper county or private institution for persons with mental illness which is willing to receive the persons.
    Sec. 27.  Section 229.1B, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 59, is amended to read as follows:
   229.1B  Regional administrator.

   Notwithstanding any provision of this chapter to the contrary, any person whose hospitalization expenses are payable in whole or in part by a mental health and disabilities disability services region shall be subject to all administrative requirements of the regional administrator for the county.
    Sec. 28.  Section 229.2, subsection 1, paragraph b, subparagraph (3), Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 60, is amended to read as follows:
   (3)  As soon as is practicable after the filing of a petition for juvenile court approval of the admission of the minor, the juvenile court shall determine whether the minor has an attorney to represent the minor in the hospitalization proceeding, and if not, the court shall assign to the minor an attorney. If the minor is financially unable to pay for an attorney, the attorney shall be compensated by the mental health and disabilities disability services region at an hourly rate to be established by the regional administrator for the county in which the proceeding is held in substantially the same manner as provided in section 815.7.
    Sec. 29.  Section 229.8, subsection 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 61, is amended to read as follows:
   1.  Determine whether the respondent has an attorney who is able and willing to represent the respondent in the hospitalization proceeding, and if not, whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting one. In accordance with those determinations, the court shall if necessary allow the respondent to select, or shall assign to the respondent, an attorney. If the respondent is financially unable to pay an attorney, the attorney shall be compensated by the mental health and disabilities disability services region at an hourly rate to be established by the regional administrator for the county in which the proceeding is held in substantially the same manner as provided in section 815.7.
    Sec. 30.  Section 229.10, subsection 1, paragraph a, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 62, is amended to read as follows:
   a.  An examination of the respondent shall be conducted by one or more licensed physicians, as required by the court’s order, within a reasonable time. If the respondent is detained pursuant to section 229.11, subsection 1, paragraph “b”, the examination shall be conducted within twenty-four hours. If the respondent is detained pursuant to section 229.11, subsection 1, paragraph “a” or “c”, the examination shall be conducted within forty-eight hours. If the respondent so desires, the respondent shall be entitled to a separate examination by a licensed physician of the respondent’s own choice. The reasonable cost of the examinations shall, if the respondent lacks sufficient funds to pay the cost, be paid by the regional administrator from mental health and disabilities disability services region funds upon order of the court.
    Sec. 31.  Section 229.11, subsection 1, unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 63, is amended to read as follows:

   If the applicant requests that the respondent be taken into immediate custody and the judge, upon reviewing the application and accompanying documentation, finds probable cause to believe that the respondent has a serious mental impairment and is likely to injure the respondent or other persons if allowed to remain at liberty, the judge may enter a written order directing that the respondent be taken into immediate custody by the sheriff or the sheriff’s deputy and be detained until the hospitalization hearing. The hospitalization hearing shall be held no more than five days after the date of the order, except that if the fifth day after the date of the order is a Saturday, Sunday, or a holiday, the hearing may be held on the next succeeding business day. If the expenses of a respondent are payable in whole or in part by a mental health and disabilities disability services region, for a placement in accordance with paragraph “a”, the judge shall give notice of the placement to the regional administrator for the county in which the court is located, and for a placement in accordance with paragraph “b” or “c”, the judge shall order the placement in a hospital or facility designated through the regional administrator. The judge may order the respondent detained for the period of time until the hearing is held, and no longer, in accordance with paragraph “a”, if possible, and if not then in accordance with paragraph “b”, or, only if neither of these alternatives is available, in accordance with paragraph “c”. Detention may be:
    Sec. 32.  Section 229.13, subsection 1, paragraph a, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 64, is amended to read as follows:
   a.  The court shall order a respondent whose expenses are payable in whole or in part by a mental health and disabilities disability services region placed under the care of an appropriate hospital or facility designated through the county’s regional administrator on an inpatient or outpatient basis.
    Sec. 33.  Section 229.14, subsection 2, paragraph a, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 65, is amended to read as follows:
   a.  For a respondent whose expenses are payable in whole or in part by a mental health and disabilities disability services region, placement as designated through the county’s regional administrator in the care of an appropriate hospital or facility on an inpatient or outpatient basis, or other appropriate treatment, or in an appropriate alternative placement.
    Sec. 34.  Section 229.14A, subsection 7, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 66, is amended to read as follows:
   7.  If a respondent’s expenses are payable in whole or in part by a mental health and disabilities disability services region through the county’s regional administrator, notice of a placement hearing shall be provided to the county attorney and the regional administrator. At the hearing, the county may present evidence regarding appropriate placement.
    Sec. 35.  Section 229.42, subsection 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 68, is amended to read as follows:
   1.  If a person wishing to make application for voluntary admission to a mental hospital established by chapter 226 is unable to pay the costs of hospitalization or those responsible for the person are unable to pay the costs, application for authorization of voluntary admission must be made through a regional administrator before application for admission is made to the hospital. The person’s county of residence shall be determined through the regional administrator and if the admission is approved through the regional administrator, the person’s admission to a mental health hospital shall be authorized as a voluntary case. The authorization shall be issued on forms provided by the department of human services’ administrator. The costs of the hospitalization shall be paid by the county of residence through the regional administrator to the department of human services and credited to the general fund of the state, provided that the mental health hospital rendering the services has certified to the county auditor of the county of residence and the regional administrator the amount chargeable to the mental health and disabilities disability services region and has sent a duplicate statement of the charges to the department of human services. A mental health and disabilities disability services region shall not be billed for the cost of a patient unless the patient’s admission is authorized through the regional administrator. The mental health institute and the regional administrator shall work together to locate appropriate alternative placements and services, and to educate patients and family members of patients regarding such alternatives.
    Sec. 36.  Section 230.1, subsection 3, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 69, is amended to read as follows:
   3.  A mental health and disabilities disability services region or county of residence is not liable for costs and expenses associated with a person with mental illness unless the costs and expenses are for services and other support authorized for the person through the county’s regional administrator. For the purposes of this chapter, “regional administrator” means the same as defined in section 331.388.
    Sec. 37.  Section 230.20, subsection 2, paragraph b, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 71, is amended to read as follows:
   b.  The per diem costs billed to each mental health and disabilities disability services region shall not exceed the per diem costs billed to the county in the fiscal year beginning July 1, 1996. However, the per diem costs billed to a mental health and disabilities disability services region may be adjusted annually to reflect increased costs, to the extent of the percentage increase in the statewide per capita expenditure target amount, if any per capita growth amount is authorized by the general assembly for the fiscal year in accordance with section 426B.3.
    Sec. 38.  Section 279.10, subsection 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 227, section 2, is amended to read as follows:
   1.  The school year for each school district and accredited nonpublic school shall begin on July 1 and the school calendar shall begin no sooner than August 23 and no later than the first Monday in December. The school calendar shall include not less than one hundred eighty days, except as provided in subsection 3, or one thousand eighty hours of instruction during the calendar year. The board of directors of a school district and the authorities in charge of an accredited nonpublic school shall determine the school start date for the school calendar in accordance with this subsection and shall set the number of days or hours of required attendance for the school year as provided in section 299.1, subsection 2, but the board of directors of a school district shall hold a public hearing on any proposed school calendar prior to adopting the school calendar. If the board of directors of a district or the authorities in charge of an accredited nonpublic school extends the school calendar because inclement weather caused the school district or accredited nonpublic school to temporarily close during the regular school calendar, the school district or accredited nonpublic school may excuse a graduating senior who has met district or school requirements for graduation from attendance during the extended school calendar. A school corporation may begin employment of personnel for in-service training and development purposes before the date to begin elementary and secondary school.
    Sec. 39.  Section 426B.5, subsection 2, paragraph c, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 78, is amended to read as follows:
   c.  A risk pool board is created. The board shall consist of two county supervisors, two county auditors, a member of the mental health and disability services commission who is not a member of a county board of supervisors, a member of the county finance committee created in chapter 333A who is not an elected official, a representative of a provider of mental health or developmental disabilities services selected from nominees submitted by the Iowa association of community providers, and two staff members of regional administrators of county mental health and disability services regions, all appointed by the governor, and one member appointed by the director of human services. All members appointed by the governor shall be subject to confirmation by the senate. Members shall serve for three-year terms. A vacancy shall be filled in the same manner as the original appointment. Expenses and other costs of the risk pool board members representing counties shall be paid by the county of origin. Expenses and other costs of risk pool board members who do not represent counties shall be paid from a source determined by the governor. Staff assistance to the board shall be provided by the department of human services and counties. Actuarial expenses and other direct administrative costs shall be charged to the pool.
    Sec. 40.  Section 459A.302, subsection 1, paragraph a, unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa Acts, House File 583, section 33, if enacted, is amended to read as follows:

   Prior to constructing a settled open feedlot effluent basin or an animal truck wash effluent structure, the site for the basin or structure shall be investigated for a drainage tile line by the owner of the open feedlot operation or animal truck wash facility. The investigation shall be made by digging a core trench to a depth of at least six feet deep from ground level at the projected center of the berm of the basin or structure. If a drainage tile line is discovered, one of the following solutions shall be implemented:
    Sec. 41.  Section 459A.302, subsection 2, paragraph a, Code 2015, as amended by 2015 Iowa Acts, House File 583, section 34, if enacted, is amended to read as follows:
   a.  The settled open feedlot effluent basin or an animal truck wash effluent structure shall be constructed with a minimum separation of two feet between the top of the liner of the basin or structure and the seasonal high-water table.
    Sec. 42.  Section 459A.404, subsection 3, paragraphs b and c, if enacted by 2015 Iowa Acts, House File 583, section 41, are amended to read as follows:
   b.  For purposes of section 459.310, subsection 4, the provisions relating to an unformed manure storage structure shall apply to an unformed animal truck wash effluent structure and the provisions relating to a formed manure storage structure shall apply to a formed animal truck wash effluent structure.  However, the
   c.  Notwithstanding section 459.310, subsection 4, a requirement in section 459.310, subsection 4, paragraph “a”, relating to animal weight capacity or animal unit capacity shall not apply to the replacement of an unformed animal truck wash effluent structure with a formed animal truck wash effluent structure. In addition, the capacity of a replacement animal truck wash effluent structure shall not exceed the amount required to store animal truck wash effluent for any eighteen-month period.
    Sec. 43.  Section 459A.411, Code 2015, as amended by 2015 Iowa Acts, House File 583, section 43, if enacted, is amended to read as follows:
   459A.411  Discontinuance of operations.

   The owner of an open feedlot operation or animal truck wash facility who discontinues its operation shall remove all effluent from related open feedlot operation structures or animal truck wash effluent structures used to store effluent, as soon as practical but not later than six months following the date the operations of the open feedlot operation or animal truck wash facility is are discontinued.
    Sec. 44.  Section 476.53, subsection 3, paragraph a, subparagraph (1), Code 2015, as amended by 2015 Iowa Acts, House File 535, section 61, is amended to read as follows:
   (1)  (a)  Files an application pursuant to section 476A.3 to construct in Iowa a baseload electric power generating facility with a nameplate generating capacity equal to or greater than three hundred megawatts or a combined-cycle electric power generating facility, or an alternate energy production facility as defined in section 476.42, or to significantly alter an existing generating facility. For purposes of this subparagraph, a significant alteration of an existing generating facility must, in order to qualify for establishment of ratemaking principles, fall into one of the following categories:
   (i)  Conversion of a coal fueled facility into a gas fueled facility.
   (ii)  Addition of carbon capture and storage facilities at a coal fueled facility.
   (iii)  Addition of gas fueled capability to a coal fueled facility, in order to convert the facility to one that will rely primarily on gas for future generation.
   (iv)  Addition of a biomass fueled capability to a coal fueled facility.
   (b)  With respect to a significant alteration of an existing generating facility, an original facility shall not be required to be either a baseload or a combined-cycle facility. Only the incremental investment undertaken by a utility under subparagraph division (a), subparagraph subdivision (i), (ii), (iii), or (iv) shall be eligible to apply the ratemaking principles established by the order issued pursuant to paragraph “e”. Facilities for which advanced ratemaking principles are obtained pursuant to this section shall not be subject to a subsequent board review pursuant to section 476.6, subsection 20, to the extent that the investment has been considered by the board under this section. To the extent an eligible utility has been authorized to make capital investments subject to section 476.6, subsection 20, such investments shall not be eligible for ratemaking principles pursuant to this section.
    Sec. 45.  Section 602.3205, subsection 3, paragraph b, if enacted by 2015 Iowa Acts, Senate File 404, section 5, is amended to read as follows:
   b.  The audio recordings provided in to the board pursuant to this subsection shall be kept confidential by the board in a manner as provided in section 272C.6, subsection 4.
    Sec. 46.  Section 602.11113, Code 2015, as amended by 2015 Iowa Acts, House File 536, section 177, is amended to read as follows:
   602.11113  Bailiffs employed as court attendants.

   Persons who were employed as bailiffs and who were performing services for the court, other than law enforcement services, immediately prior to July 1, 1983, shall be employed by the district court administrators as court attendants under section 602.6601 on July 1, 1983.
    Sec. 47.  Section 714.23, subsection 4A, paragraph a, if enacted by 2015 Iowa Acts, Senate File 501, section 2, or 2015 Iowa Acts, House File 663, section 2, is amended to read as follows:
   a.  A student who does not receive a tuition refund up to the full refund of tuition charges due to the effect of an interstate reciprocity agreement under section 261G.4, subsection 1, may apply to the attorney general for a refund in a sum that represents the difference between any tuition refund received from the school and the full refund of tuition charges. For purposes of this subsection, “full refund of tuition charges” means the monetary sum of the refund for which the student would be eligible pursuant to the application of this section.
    Sec. 48.  Section 902.1, subsection 2, paragraph a, unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate File 448, section 1, is amended to read as follows:

   Notwithstanding subsection 1, a defendant convicted of murder in the first degree in violation of section 707.2, and who was under the age of eighteen at the time the offense was committed shall receive one of the following sentences:
    Sec. 49.  Section 916.1, subsection 1, as enacted by 2015 Iowa Acts, House File 496, section 1, is amended to read as follows:
   1.  “Confidential communication” means confidential information shared between a victim and a military victim advocate within the advocacy relationship, and includes all information received by the advocate and any advice, report, or working paper given to or prepared by the advocate in the course of the advocacy relationship with the victim. “Confidential information” is confidential information which, so far as the victim is aware, is not disclosed to a third party with the exception of a person present in the consultation for the purpose of furthering the interest of the victim, a person to whom disclosure is reasonably necessary for the transmission of the information, or a person with whom disclosure is necessary for accomplishment of the purpose for which the advocate is consulted by the victim.
    Sec. 50.  APPLICABILITY.  The section of this division of this Act amending section 279.10, subsection 1, applies retroactively to April 10, 2015.
    Sec. 51.  APPLICABILITY.  The section of this division of this Act amending section 902.1, subsection 2, paragraph “a”, unnumbered paragraph 1, applies retroactively to the effective date of 2015 Iowa Acts, Senate File 448.

DIVISION V
REIMBURSEMENT OF DEFENSE COSTS
    Sec. 52.  NEW SECTION.  80F.2  Reimbursement of defense costs.
   1.  If a peace officer, as defined in section 801.4, or a corrections officer is charged with the alleged commission of a public offense, based on acts or omissions within the scope of the officer’s lawful duty or authority, and the charge is dismissed or the officer is acquitted of the charge, the presiding magistrate or judge shall enter judgment awarding reimbursement to the officer for any costs incurred in defending against the charge, including but not limited to a reasonable attorney fee, if the court finds the existence of any of the following grounds:
   a.  The charge was without probable cause.
   b.  The charge was filed for malicious purposes.
   c.  The charge was unwarranted in consideration of all of the circumstances and matters of law attending the alleged offense.
   2.  The officer may apply for review of a failure or refusal to rule or an adverse ruling as to the existence of any of the above grounds. The application shall be to a district judge if the officer is seeking review of the act of a magistrate or district associate judge and the application shall be to a different district judge if review is sought of an act of a district judge.
    Sec. 53.  REPEAL.  Section 80.37, Code 2015, is repealed.

DIVISION VI
RENEWABLE FUELS INFRASTRUCTURE PROGRAM
    Sec. 54.  Section 159A.14, subsection 1, paragraph a, subparagraph (1), Code 2015, is amended to read as follows:
   (1)  Ethanol infrastructure shall be designed and used exclusively to do any of the following:
   (a)  Store and dispense E-15 gasoline. At least for the period beginning on September 16 and ending on May 31 of each year, the ethanol infrastructure must be used to store and dispense E-15 gasoline as a registered fuel recognized by the United States environmental protection agency.
   (a)  (b)  Store and dispense E-85 gasoline.
   (b)  (c)  Store, blend, and dispense motor fuel from a motor fuel blender pump, as required in this subparagraph division. The ethanol infrastructure must provide be used for the storage of ethanol or ethanol blended gasoline, or for blending ethanol with gasoline. The ethanol infrastructure must at least include a motor fuel blender pump which dispenses different classifications of ethanol blended gasoline and allows E-85 gasoline to be dispensed at all times that the blender pump is operating.

DIVISION VII
STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM

    Sec. 55.  2015 STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM.
   1.  Definitions.  As used in this section, unless the context provides otherwise:
   a.  “Eligible employee” means an employee or qualified employee who has filed a completed application for benefits with the Iowa public employees’ retirement system created in chapter 97B in which the employee’s or qualified employee’s intended first month of entitlement, as defined in section 97B.1A, is no later than September 2015.
   b.  (1)  “Employee” means any of the following:
   (a)  An employee, as defined by section 97B.1A, who is employed within the executive branch of this state.
   (b)  An individual who was employed at the mental health institute at Clarinda, Iowa, or at the mental health institute at Mount Pleasant, Iowa, as of April 1, 2015, whose employment was terminated at either mental health institute after April 1, 2015.
   (2)  “Employee” does not mean a qualified employee, an elected official, or an employee eligible for the sick leave conversion program as described in section 70A.23, subsection 4.
   c.  “Employer” means a department, agency, board, or commission of the state that employs individuals.
   d.  “Health insurance contribution benefit” means the amount representing the monthly contribution cost of an affordable group health care plan offered by the state, as determined by the department of administrative services, providing coverage to the participant and, if applicable, the participant’s spouse for the applicable period of coverage.
   e.  “Participant” means a person who timely submits an election to participate, is accepted to participate, and does participate, in the state employee retirement incentive program established under this section.
   f.  “Program” means the state employee retirement incentive program established under this section.
   g.  “Qualified employee” means an employee of a judicial district department of correctional services, an employee in the office of a statewide elected official, or an employee of the state board of regents if the board elects to participate in the program.
   h.  “Years of service incentive benefit” means an amount equal to the entire value of an eligible employee’s accumulated but unused vacation plus, for eligible employees with at least ten years of state employment service, one thousand dollars for each year of state employment service up to a maximum of twenty-five years of state employment service. For purposes of this paragraph, “state employment service” means service, as defined in section 97B.1A, for which the employer is the state.
   2.  Program eligibility.  To become a participant in the program, an eligible employee shall do all of the following:
   a.  Submit by July 31, 2015, a written application, on forms prescribed by the department of administrative services, seeking participation in the program.
   b.  Acknowledge in writing the eligible employee’s agreement to voluntarily terminate employment in exchange for participation in the state employee retirement incentive program as provided in this section.
   c.  Agree to waive all rights to file suit against the state of Iowa, including all of its departments, agencies, and other subdivisions, based on state or federal claims arising out of the employment relationship.
   d.  Acknowledge, in writing, that participation in the program waives any right to accept any employment with the state other than as an elected official on or after the date the eligible employee separates from employment.
   e.  Agree to separate from employment with the state no later than August 27, 2015.
   3.  Participant acceptance.  An eligible employee shall be accepted into the program if the department of administrative services determines that the eligible employee meets the requirements to be eligible to participate in the program.
   4.  Program benefits.  Upon acceptance to participate in the program and separation from employment with the state no later than August 27, 2015, a participant shall receive the following benefits:
   a.  During November 2015, and each November thereafter for a total of five years, the state shall pay to the participant, or the participant’s beneficiary, an amount equal to twenty percent of the years of service incentive benefit for that participant. Receipt of a years of service incentive benefit pursuant to this section by a participant shall be in lieu of receiving a payment for the participant’s accumulated but unused vacation upon termination of employment.
   b.  For the period of time commencing with the first month in which a participant is ineligible for or exhausts the participant’s available remaining value of sick leave used to pay the state share for the participant’s continuation of state group health insurance coverage as provided in section 70A.23, subsection 3, and ending five years from the date the participant separates from employment with the state as provided in this section, the participant, or the participant’s surviving spouse, shall be entitled to receive a health insurance contribution benefit to be used by the participant or the participant’s beneficiary to pay the cost for eligible state group health insurance. The department of administrative services shall determine what health insurance plans constitute eligible state group health insurance for purposes of this paragraph “b”.
   5.  Reemployment.
   a.  An employer shall not offer permanent part-time employment, permanent full-time employment, temporary employment, or retention as an independent contractor to a participant.
   b.  This section shall not preclude a participant from membership on a board or commission.
   6.  Program administration and reporting.
   a.  The department of administrative services shall administer the program and shall adopt administrative rules to administer the program. The department of administrative services and the department of management may adopt rules on an emergency basis under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules.
   b.  Records of the Iowa public employees’ retirement system shall be released for the purposes of administering and monitoring the program subject to the requirements of section 97B.17, subsection 5.
   c.  The department of administrative services, in collaboration with the department of management, shall present an interim report to the general assembly, including copies to the legislative services agency and the fiscal committee of the legislative council, by December 1, 2015, concerning the operation of the program. The department shall also submit an annual update concerning the program by October 1 of each year for four years, commencing December 1, 2016. The reports shall include information concerning the number of program participants, the cost of the program including any payments made to participants, the number of state employment positions not filled pursuant to the program, and the number of positions vacated by a program participant that have been refilled with a comparison of the salary of the program participant at the time the position was vacated to the beginning salary of the person who refilled the position.
   7.  Legislative and judicial branch employees.
   a.  The legislative council may provide a retirement incentive program for employees of the legislative branch consistent with the program provided in this section for executive branch employees. If the legislative council provides an incentive program, the legislative council shall collaborate with the department of administrative services to establish the program as required under this section as nearly as identical as possible to the program provided executive branch employees under this section. The program provided pursuant to this paragraph “a” shall establish the same time guidelines and benefit calculations as provided under the program for executive branch employees.
   b.  The supreme court may provide a retirement incentive program for employees of the judicial branch consistent with the program provided in this section for executive branch employees. If the supreme court provides an incentive program, the supreme court shall collaborate with the department of administrative services to establish the program as required under this section as nearly as identical as possible to the program provided executive branch employees under this section. The program provided pursuant to this paragraph “b” shall establish the same time guidelines and benefit calculations as provided under the program for executive branch employees.
    Sec. 56.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION VIII
SCHOOL AID —— PERCENTS OF GROWTH
    Sec. 57.  Section 257.8, subsections 1 and 2, Code 2015, are amended to read as follows:
   1.  State percent of growth.  The state percent of growth for the budget year beginning July 1, 2012, is two percent. The state percent of growth for the budget year beginning July 1, 2013, is two percent. The state percent of growth for the budget year beginning July 1, 2014, is four percent.  The state percent of growth for the budget year beginning July 1, 2015, is two and five-eighths percent. The state percent of growth for the budget year beginning July 1, 2016, is four percent. The state percent of growth for each subsequent budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The establishment of the state percent of growth for a budget year shall be the only subject matter of the bill which enacts the state percent of growth for a budget year.
   2.  Categorical state percent of growth.  The categorical state percent of growth for the budget year beginning July 1, 2012, is two percent. The categorical state percent of growth for the budget year beginning July 1, 2013, is two percent. The categorical state percent of growth for the budget year beginning July 1, 2014, is four percent.  The categorical state percent of growth for the budget year beginning July 1, 2015, is two and five-eighths percent. The categorical percent of growth for the budget year beginning July 1, 2016, is four percent. The categorical state percent of growth for each budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The establishment of the categorical state percent of growth for a budget year shall be the only subject matter of the bill which enacts the categorical state percent of growth for a budget year. The categorical state percent of growth may include state percents of growth for the teacher salary supplement, the professional development supplement, the early intervention supplement, and the teacher leadership supplement.
    Sec. 58.  CODE SECTION 257.8 —— IMPLEMENTATION.  The requirements of section 257.8, subsections 1 and 2, regarding the enactment of bills establishing the regular program state percent of growth and the categorical state percent of growth within thirty days of the submission in the year preceding the base year of the governor’s budget and the subject matter limitation of bills establishing the state percent of growth and the categorical state percent of growth do not apply to this division of this Act.
    Sec. 59.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION IX
APPORTIONMENT OF TRANSPORTATION FUNDS —— APPROPRIATION
    Sec. 60.  STREET CONSTRUCTION FUND —— APPROPRIATION.
   1.  In a written application to the treasurer of state submitted by October 1, 2015, a city may request an additional distribution of moneys to be credited to the street construction fund of the city equal to that additional amount, calculated by the treasurer, that the city would have received if the funds were apportioned based upon the population of the city as determined by section 312.3, subsection 2, paragraph “d”, for the months prior to the effective date of this division of this Act.
   2.  Upon determination by the treasurer of state that an additional amount should be credited to a city as provided by this section, there is appropriated from the general fund of the state to the department of transportation, for the fiscal year beginning July 1, 2015, and ending June 30, 2016, an amount sufficient to pay the additional amount which shall be distributed to the city for deposit in the street construction fund of the city.
    Sec. 61.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 62.  RETROACTIVE APPLICABILITY.  This division of this Act applies retroactively to March 2011.

DIVISION X
DRUG OVERDOSE PREVENTION
    Sec. 63.  Section 85.27, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  If an employee receives care pursuant to subsection 1 and the treating physician or other health care professional reasonably believes, based on such physician’s or other health care professional’s professional judgment, that the employee is at risk of an opioid-related overdose due to the work-related injury or the treatment of the work-related injury, the cost of an opioid antagonist shall be paid by the employer or the employer’s insurance carrier. For purposes of this subsection, “opioid antagonist” and “opioid-related overdose” mean the same as defined in section 124.418.
    Sec. 64.  NEW SECTION.  124.417  Persons seeking medical assistance for drug-related overdose.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Drug-related overdose” means a condition of a person for which each of the following is true:
   (1)  The person is in need of medical assistance.
   (2)  The person displays symptoms including but not limited to extreme physical illness, pinpoint pupils, decreased level of consciousness including coma, or respiratory depression.
   (3)  The person’s condition is the result of, or a prudent layperson would reasonably believe such condition to be the result of, the consumption or use of a controlled substance.
   b.  “Overdose patient” means a person who is, or would reasonably be perceived to be, suffering a drug-related overdose.
   c.  “Overdose reporter” means a person who seeks medical assistance for an overdose patient.
   d.  “Protected information” means information or evidence collected or derived as a result of any of the following:
   (1)  An overdose patient’s good-faith actions to seek medical assistance while experiencing a drug-related overdose.
   (2)  An overdose reporter’s good-faith actions to seek medical assistance for an overdose patient experiencing a drug-related overdose if all of the following are true:
   (a)  The overdose patient is in need of medical assistance for an immediate health or safety concern.
   (b)  The overdose reporter is the first person to seek medical assistance for the overdose patient.
   (c)  The overdose reporter provides the overdose reporter’s name and contact information to medical or law enforcement personnel.
   (d)  The overdose reporter remains on the scene until assistance arrives or is provided.
   (e)  The overdose reporter cooperates with law enforcement and medical personnel.
   2.  Protected information shall not be considered to support probable cause and shall not be admissible as evidence against an overdose patient or overdose reporter for any of the following offenses:
   a.  Violation of section 124.401, subsection 1.
   b.  Possession of a controlled substance under section 124.401, subsection 5.
   c.  Violation of section 124.407.
   d.  Violation of section 124.414.
   3.  A person’s pretrial release, probation, supervised release, or parole shall not be revoked based on protected information.
   4.  Notwithstanding any other provision of law to the contrary, the act of providing first aid or other medical assistance to someone who is experiencing a drug-related overdose may be considered by a court as a mitigating factor in a criminal prosecution.
   5.  This section shall not be construed to limit the use or admissibility of any evidence in a criminal case other than as provided in subsection 2.
    Sec. 65.  NEW SECTION.  124.418  Possession of an opioid antagonist.
   1.  For purposes of this section:
   a.  “Health care professional” means a physician and surgeon or osteopathic physician and surgeon licensed under chapter 148, physician assistant licensed under chapter 148C, advanced registered nurse practitioner licensed under chapter 152 or 152E, or pharmacist licensed under chapter 155A.
   b.  “Opioid antagonist” means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States food and drug administration.
   c.  “Opioid-related overdose” means a condition of a person for which each of the following is true:
   (1)  The person requires medical assistance.
   (2)  The person displays symptoms including but not limited to extreme physical illness, pinpoint pupils, decreased level of consciousness including coma, or respiratory depression.
   (3)  The person’s condition is the result of, or a prudent layperson would reasonably believe the person’s condition to be the result of, consumption or use of an opioid or another substance with which an opioid was combined.
   2.  Notwithstanding the provisions of this chapter or any other law, a person may possess an opioid antagonist if each of the following is true:
   a.  The opioid antagonist is prescribed, dispensed, furnished, distributed, or otherwise provided by a health care professional otherwise authorized to prescribe an opioid antagonist, either directly, by standing order, or through a collaborative agreement.
   b.  The person is a family member or friend of, or other person in a position to assist, a person at risk of experiencing an opioid-related overdose.
    Sec. 66.  NEW SECTION.  135.181  Standards and reports on opioid antagonist use.
   1.  For purposes of this section:
   a.  “Emergency medical services” means the same as defined in section 147A.1.
   b.  “First responder” means emergency medical personnel, state and local law enforcement personnel, or fire department personnel who provide emergency medical services.
   c.  “Health care professional” means a physician and surgeon or osteopathic physician and surgeon licensed under chapter 148, physician assistant licensed under chapter 148C, advanced registered nurse practitioner licensed under chapter 152 or 152E, or pharmacist licensed under chapter 155A.
   d.  “Opioid antagonist” means the same as defined in section 124.418.
   2.  The department shall develop standards for recordkeeping and reporting of opioid antagonist use by first responders in this state, and shall provide an annual report to the general assembly with recommendations regarding the use of opioid antagonists in this state.
   3.  The department shall consult with health care professional organizations, organizations representing first responders, and other groups as determined by the department to develop protocols and instructions for the administration of an opioid antagonist by a person who is not a health care professional or a first responder. The department shall make the protocols and instructions developed pursuant to this subsection publicly available on the department’s internet site.
    Sec. 67.  Section 147.107, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  a.  For purposes of this subsection:
   (1)  “Opioid antagonist” means the same as defined in section 124.418.
   (2)  “Opioid-related overdose” means the same as defined in section 124.418.
   b.  Notwithstanding subsection 1 or any other provision of law, a health care professional otherwise authorized to prescribe an opioid antagonist may directly, by standing order, or through collaborative agreement, prescribe, dispense, furnish, or otherwise provide an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a family member or friend of, or other person whom the health care professional believes to be in a position to assist, a person at risk of experiencing an opioid-related overdose. Any such prescription shall be deemed as being issued for a legitimate medical purpose in the usual course of professional practice.
   c.  A health care professional who prescribes an opioid antagonist shall document the reasons for the prescription or standing order.
   d.  A pharmacist who dispenses, furnishes, or otherwise provides an opioid antagonist pursuant to a valid prescription, standing order, or collaborative agreement shall provide instruction to the recipient in accordance with the protocols and instructions developed by the department of public health under section 135.181.
   e.  A health care professional who is licensed to prescribe an opioid antagonist shall not be subject to any disciplinary action or civil or criminal liability for prescribing an opioid antagonist to a person whom the health care professional reasonably believes may be in a position to assist or administer the opioid antagonist to a person at risk of an opioid-related overdose.
    Sec. 68.  Section 147A.10, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  For purposes of this subsection:
   (1)  “Opioid antagonist” means the same as defined in section 124.418.
   (2)  “Opioid-related overdose” means the same as defined in section 124.418.
   b.  An emergency medical care provider or a law enforcement officer who has been trained in the administration of an opioid antagonist and acts with reasonable care in administering an opioid antagonist to another person who the emergency medical care provider or law enforcement officer believes in good faith to be suffering an opioid-related overdose shall not be subject to civil liability, disciplinary action, or a civil or criminal penalty for an act or omission related to or resulting from the administration.
    Sec. 69.  NEW SECTION.  155A.45  Administration of an opioid antagonist.
   1.  For purposes of this section:
   a.  “Opioid antagonist” means the same as defined in section 124.418.
   b.  “Opioid-related overdose” means the same as defined in section 124.418.
   2.  A person who is not otherwise licensed by an appropriate state board to prescribe, dispense, or administer opioid antagonists to patients may, in an emergency, administer an opioid antagonist to another person if the person believes in good faith that the other person is suffering an opioid-related overdose, and the person shall not be subject to civil liability, disciplinary action, or a civil or criminal penalty for an act or omission related to or resulting from the administration of an opioid antagonist.
    Sec. 70.  Section 249A.20A, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  a.  For purposes of this subsection, “opioid antagonist” means the same as defined in section 124.418.
   b.  Notwithstanding anything in this section to the contrary, the department shall include an opioid antagonist, including any device integral to its administration, on the preferred drug list. Reimbursement under the medical assistance program shall be provided through existing resources.
   c.  A prescription for an opioid antagonist shall not be subject to prior authorization or other utilization management if the prescriber deems the opioid antagonist medically necessary.

DIVISION XI
COUNTY COURTHOUSES
    Sec. 71.  Section 602.6105, subsection 2, Code 2015, is amended to read as follows:
   2.  In any county having two county seats, court shall be held at each, and, in the county of Pottawattamie, court shall be held at Avoca, as well as at the county seat.
    Sec. 72.  REPEAL.  1884 Iowa Acts, chapter 198, is repealed.

DIVISION XII
REFUGEE FAMILY SUPPORT SERVICES
    Sec. 73.  REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM.
   1.  The bureau of refugee services within the department of human services shall establish, promote, and administer a refugee family support services pilot program for purposes of providing a grant to a state, local, or community organizations working with refugee populations to contract with and train multiple refugees to act as refugee community navigators.
   2.  An organization awarded a grant pursuant to this section shall recruit and train multiple refugee community navigators to educate and provide direct assistance to their respective refugee communities so the refugee communities can successfully access and utilize existing community resources and services.
   3.  The refugee community navigators shall train other refugee community members and shall offer home-based, peer-group learning sessions about resources in the community.
   4.  A grant awarded pursuant to this section shall be used for employment costs of a program manager and community navigator coordinator, and contract and stipend costs for multiple refugee community navigators for each organization.
   5.  The bureau of refugee services shall award one grant to a state, local, or community organization through a competitive application process. The bureau shall provide moneys over a three-year period to an organization awarded a grant.
   6.  A state, local, or community organization awarded a grant pursuant to this section shall provide the bureau with annual progress reports. The bureau of refugee services shall present a report of the program goals and outcomes to the general assembly.
   7.  The bureau of refugee services shall conduct a comprehensive review of the refugee family support services pilot program and shall, by December 31, 2017, submit a report of its review, as well as any recommendations and cost projections of its recommendations to the governor and the general assembly.
   8.  The bureau of refugee services may expend program moneys for administrative expenses as provided by law.
    Sec. 74.  REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM APPROPRIATION.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For a pilot project pursuant to the refugee family support services pilot project program created in this division of this Act in a county with a population over 350,000 as determined by the 2010 federal decennial census:

.................................................. $    750,000

   Of the moneys appropriated for each fiscal year, $40,000 may be used for bureau of refugee services’ administration costs for establishing, promoting, and administering the program.

   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 75.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XIII
DEPARTMENT OF MANAGEMENT —— DUTIES
    Sec. 76.  Section 8.6, subsections 12 and 13, Code 2015, are amended by striking the subsections.
    Sec. 77.  Section 8A.111, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  An annual report on the administration and promotion of equal opportunity in state contracts and services under section 19B.7.
    Sec. 78.  Section 19B.6, Code 2015, is amended to read as follows:
   19B.6  Responsibilities of department of administrative services and department of management —— affirmative action.

   The department of administrative services shall oversee the implementation of sections 19B.1 through 19B.5 and shall work with the governor to ensure compliance with those sections, including the attainment of affirmative action goals and timetables, by all state agencies, excluding the state board of regents and its institutions. The department of management shall oversee the implementation of sections 19B.1 through 19B.5 and shall work with the governor to ensure compliance with those sections, including the attainment of affirmative action goals and timetables, by the state board of regents and its institutions.
    Sec. 79.  Section 19B.7, subsection 1, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Except as otherwise provided in subsection 2, the department of management administrative services is responsible for the administration and promotion of equal opportunity in all state contracts and services and the prohibition of discriminatory and unfair practices within any program receiving or benefiting from state financial assistance in whole or in part. In carrying out these responsibilities the department of management administrative services shall:
    Sec. 80.  Section 19B.8, Code 2015, is amended to read as follows:
   19B.8  Sanctions.

   The department of management administrative services may impose appropriate sanctions on individual state agencies, including the state board of regents and its institutions, and upon a community college, area education agency, or school district, in order to ensure compliance with state programs emphasizing equal opportunity through affirmative action, contract compliance policies, and requirements for procurement goals for targeted small businesses.

DIVISION XIV
CLAIMS AGAINST THE STATE AND BY THE STATE
    Sec. 81.  Section 8.55, subsection 3, paragraph a, Code 2015, is amended to read as follows:
   a.  Except as provided in paragraphs “b”, “c”, and “d”, and “0e”, the moneys in the Iowa economic emergency fund shall only be used pursuant to an appropriation made by the general assembly. An appropriation shall only be made for the fiscal year in which the appropriation is made. The moneys shall only be appropriated by the general assembly for emergency expenditures.
    Sec. 82.  Section 8.55, subsection 3, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0e.  There is appropriated from the Iowa economic emergency fund to the state appeal board an amount sufficient to pay claims authorized by the state appeal board as provided in section 25.2.
    Sec. 83.  Section 25.2, subsection 4, Code 2015, is amended to read as follows:
   4.  Payments authorized by the state appeal board shall be paid from the appropriation or fund of original certification of the claim. However, if that appropriation or fund has since reverted under section 8.33, then such payment authorized by the state appeal board shall be out of any money in the state treasury not otherwise appropriated as follows:
   a.  From the appropriation made from the Iowa economic emergency fund in section 8.55 for purposes of paying such expenses.
   b.  To the extent the appropriation from the Iowa economic emergency fund described in paragraph “a” is insufficient to pay such expenses, there is appropriated from moneys in the general fund of the state not otherwise appropriated the amount necessary to fund the deficiency.

DIVISION XV
STATE GEOLOGICAL SURVEY
    Sec. 84.  Section 456.1, Code 2015, is amended by striking the section and inserting in lieu thereof the following:
   456.1  Geological survey created —— definitions.
   1.  A state geological survey is created within the IIHR —— hydroscience and engineering unit of the university of Iowa college of engineering.
   2.  As used in this chapter, unless the context otherwise requires:
   a.  “Director” means the director of the unit.
   b.  “Unit” means the IIHR —— hydroscience and engineering unit of the university of Iowa college of engineering.
    Sec. 85.  NEW SECTION.  456.1B  Mission.
   1.  It is the mission of the state geological survey to plan and implement initiatives that result in the acquisition of comprehensive information regarding the mineral and water resources of this state, with an emphasis on water supply developments and monitoring the effects of environmental impacts on water quality in a politically independent manner. The state geological survey shall endeavor to enhance this state’s economy through the enlightened development and management of this state’s precious geological and hydrological resources, while providing a clean and healthy environment for Iowa’s citizens.
   2.  The state geological survey shall analyze, interpret, and make available to the public, private sector, and public policymakers publications, consultant services, and a library of databases in order to improve the integration, and analysis of natural resource information in a manner that improves decisions affecting the management, development and protection of Iowa’s natural resources.
    Sec. 86.  NEW SECTION.  456.1C  Cooperation.

   The state geological survey shall cooperate with federal and state agencies to maximize the benefits derived from resource assessments and to expand educational and technology transfer programs. The survey shall cooperate with all of the following:

   1.  For the federal government, the United States department of agriculture, and United States geological survey.
   2.  For institutions under the control of the state board of regents, the Iowa flood center established in section 466C.1, the state hygienic laboratory as provided in section 263.7, and the state archaeologist appointed pursuant to section 263B.1.
    Sec. 87.  NEW SECTION.  456.1D  Administration.
   1.  For administrative purposes, the state geological survey shall be located in or in proximity to Iowa City. The president of the university shall cooperate with the director to provide office space, staff assistance, and necessary supplies and equipment.
   2.  The state geologist may establish divisions within the state geological survey and positions within the division, which may provide for geological studies, stratigraphy and economic geology, water resources, technical services, administrative services, and contracts and grants administration.
    Sec. 88.  Section 456.4, Code 2015, is amended to read as follows:
   456.4  Investigations —— collection —— renting space.

   The state geologist shall investigate the characters of the various soils and their capacities for agricultural purposes, the streams, and other scientific and natural resource matters that may be of practical importance and interest. For the purpose of preserving well drilling samples, rock cores, fossils, and other materials as may be necessary to carry on investigations, the state geologist shall have the authority to lease or rent sufficient space for storage of these materials with the approval of the director of the department of administrative services. A complete cabinet collection may be made to illustrate the natural products of the state, and the state geologist may also furnish suites of materials, rocks, and fossils for colleges and public museums within the state, if it can be done without impairing the general state collection.
    Sec. 89.  Section 456.7, Code 2015, is amended to read as follows:
   456.7  Annual report.

   The state geologist shall, annually, at the time provided by law, make to the director and to the governor a full report of the work in the preceding year, which report shall be accompanied by such other reports and papers as may be considered desirable for publication.
    Sec. 90.  Section 456.10, Code 2015, is amended to read as follows:
   456.10  Distribution and sale of reports.

   All publications of the geological survey shall be distributed by the state geologist as are other published reports of state officers when no special provision is made. When such distribution has been made the state geologist shall retain a sufficient number of copies to supply probable future demands and any copies in excess of such number shall be sold to persons making application therefor at the cost price of publication, the money thus accruing to be turned into the treasury of the state.
    Sec. 91.  ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 
   1.  Any rule, regulation, form, order, or directive promulgated by the department of natural resources as required to administer and enforce the provisions of chapter 456 shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the state geological survey.
   2.  An administrative hearing or court proceeding arising out of an enforcement action under section 455B.109 pending on the effective date of this division of this Act shall not be affected due to this division of this Act. Any cause of action or statute of limitation relating to an action taken by the department of natural resources shall not be affected as a result of this division of this Act and such cause or statute of limitation shall apply to the state geological survey.
   3.  Any personnel in the state merit system of employment who are mandatorily transferred due to the effect of this division of this Act shall be so transferred without any loss in salary, benefits, or accrued years of service.
   4.  Any replacement of signs, logos, stationery, insignia, uniforms, and related items that is made necessary due to the effect of this division of this Act shall be done as part of the normal replacement cycle for such items.
    Sec. 92.  STATE GEOLOGICAL SURVEY.  There is appropriated from the general fund of the state to the university of Iowa for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For the state geological survey, including salaries, support, maintenance, and miscellaneous purposes:

.................................................. $  1,000,000

   Moneys appropriated to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2015, for purposes of supporting the department including administration, regulation, and programs, are reduced by $1,000,000. Moneys appropriated to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2016, for purposes of supporting the department including administration, regulation, and programs, are reduced by $500,000.

DIVISION XVI
REVIVAL OF USE RESTRICTIONS
    Sec. 93.  NEW SECTION.  564B.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Bylaws” means the instruments, however denominated, that contain the procedures for conducting the affairs of the homeowners’ association or the executive board regardless of the form in which the homeowners’ association is organized, including any amendments to such instruments.
   2.  a.  “Common interest community” means real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other parcels, or other real estate described in the declaration. “Common interest community” includes a cooperative under chapter 499A and a horizontal property regime under chapter 499B.
   b.  “Common interest community” does not include a covenant that requires the owners of separate parcels of real estate to share costs or other obligations related to a wall, driveway, well, or other similar structure, unless all such owners consent in writing to the creation of a common interest community.
   3.  “Declaration” means a recorded written instrument in the nature of covenants running with the land that subject the land comprising the common interest community to the jurisdiction and control of a homeowners’ association in which the owners of the parcels are required to be members.
   4.  “Executive board” means the body, regardless of name, designated in the declaration, formation document, or bylaws to act on behalf of the homeowners’ association.
   5.  “Formation document” means the document filed with the secretary of state that creates a business entity, including but not limited to articles of incorporation, articles of organization, and a certificate of organization.
   6.  “Homeowners’ association” means an entity responsible for the operation of a common interest community in which the voting membership is made up of parcel owners and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel.
   7.  “Parcel” means a physical portion of the common interest community designated for separate ownership or occupancy or as otherwise defined in the statute under which the common interest community is organized.
   8.  “Parcel owner” means the record owner of legal title to a parcel or, if the parcel is subject to a contract for deed, the vendee of the real estate contract. “Parcel owner” does not include a person having an interest in a parcel solely as security for an obligation.
   9.  “Use restrictions” means the same as defined in section 614.24, subsection 5.
    Sec. 94.  NEW SECTION.  564B.2  Revival of use restrictions.

   Parcel owners in a common interest community may revive use restrictions in a declaration that have become unenforceable by operation of section 614.24 if all of the following requirements are met:

   1.  All parcels which will be subject to the revived use restrictions were previously subject to the use restrictions.
   2.  The affected parcel owners approve the revived use restrictions in the manner provided in this chapter.
    Sec. 95.  NEW SECTION.  564B.3  Procedure to revive use restrictions.
   1.  The proposal to revive use restrictions may contain less than all of the use restrictions which have become unenforceable by operation of section 614.24, but shall not modify any use restriction sought to be revived.
   2.  The proposal to revive use restrictions in a declaration under the terms of this chapter may be initiated by either of the following:
   a.  The executive board.
   b.  The parcel owners, if a petition is signed by parcel owners who own at least ten percent of the parcels. Such petition shall include the language of the use restrictions proposed to be revived.
   3.  If a proposal is initiated under subsection 2, the executive board shall prepare or cause to be prepared the complete text of the proposed use restrictions to be submitted to the affected parcel owners for approval.
   4.  a.  The executive board shall present or cause to be presented to all of the affected parcel owners, by mail or hand delivery, all of the following:
   (1)  A notice containing either the place, date, and time of the meeting at which the revival of the use restrictions will be considered and voted upon or instructions for an action by written ballot, including the last date that a written ballot will be accepted.
   (2)  A copy of the complete text of the use restrictions proposed to be revived.
   (3)  The existing declaration, formation document, and bylaws of the homeowners’ association.
   (4)  A graphic depiction of the property and the parcels to be governed by the revived use restrictions.
   (5)  A statement that the use restrictions will be revived if parcel owners who own a majority of the affected parcels approve revival.
   b.  The parcel owners entitled to receive notice and the materials described in paragraph “a” are the owners of affected parcels as of the close of business on the business day preceding the day on which notice is given.
   5.  The use restrictions shall be revived if the owners of a majority of the affected parcels approve the revived use restrictions by a vote at a meeting of the affected parcel owners conducted in the manner described in section 564B.4 or in an action by written ballot as described in section 564B.5.
    Sec. 96.  NEW SECTION.  564B.4  Meetings to revive use restrictions.
   1.  A vote to revive use restrictions shall not be held unless the parcel owners described in section 564B.3, subsection 4, paragraph “b”, received the notice and documents specified in section 564B.3, subsection 4, not less than fourteen days or more than sixty days before such a vote.
   2.  A quorum shall be met if parcel owners who own a majority of the affected parcels are present at the meeting, either in person or by proxy.
   3.  The parcel owners entitled to vote at the meeting are the owners of affected parcels as of the date of the meeting.
   4.  At the meeting, there shall be one vote per parcel, regardless of the number of parcel owners who own such parcel.
   5.  a.  The parcel owners have the right to vote in person or by proxy.
   b.  To be valid, a proxy must be dated, shall state the date, time, and place of the meeting for which the proxy was given, and shall be signed by the parcel owner. If a parcel is owned by more than one person, each owner of the parcel shall sign the proxy for such proxy to be valid.
   c.  A proxy is effective only for the specific meeting for which the proxy was originally given.
   d.  A proxy is revocable at any time at the discretion of a parcel owner who executed the proxy.
   e.  If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in the proxy holder’s place.
    Sec. 97.  NEW SECTION.  564B.5  Action by written ballot.
   1.  A vote to revive use restrictions may be taken without a meeting if the executive board delivers a written ballot with the notice and other documents required to be delivered under section 564B.3, subsection 4, to the owners of every affected parcel.
   2.  A written ballot shall set forth the use restrictions proposed to be revived and provide an opportunity to vote for or against revival.
   3.  One written ballot shall be provided for each parcel, regardless of the number of parcel owners who own such parcel.
   4.  The use restrictions shall be revived if the parcel owners of a majority of the affected parcels approve the revived use restrictions by written ballot.
   5.  The deadline for the written ballot to be received to be counted shall be at least fourteen days, but not more than sixty days, after the written ballot was delivered.
   6.  A written ballot that has been cast shall not be revoked.
    Sec. 98.  NEW SECTION.  564B.6  Recording and notice of recording.
   1.  No later than thirty days after the parcel owners have approved the revival of the use restrictions, the executive board shall file the revived use restrictions with the recorder of each county in which the land comprising the common interest community is located.
   2.  Immediately after recording the revived use restrictions, the executive board shall mail or deliver, or shall cause to be mailed or delivered, a complete copy of the revived use restrictions to each parcel owner.
    Sec. 99.  NEW SECTION.  564B.7  Effect of revived use restrictions.
   1.  The revived use restrictions shall be effective upon recordation with respect to each affected parcel, regardless of whether an owner of an affected parcel approved the revived use restrictions.
   2.  The revived use restrictions shall not be given retroactive effect with respect to any affected parcel.
   3.  A use restriction revived under this chapter shall not be enforced against a parcel if each of the following are true:
   a.  A parcel owner made a good-faith investment that would be impaired by such enforcement.
   b.  The good-faith investment described in paragraph “a” was made after the use restriction was unenforceable under section 614.24 and before the use restriction was revived pursuant to this chapter.
    Sec. 100.  Section 614.24, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  If use restrictions are revived pursuant to chapter 564B, the recording date for purposes of the twenty-one year limitation in subsection 1 shall be the date the revived use restrictions are recorded under section 564B.6, subsection 1.
    Sec. 101.  APPLICABILITY.  This division of this Act applies to common interest communities created prior to, and still in existence on, July 1, 2015, and created on or after July 1, 2015.

DIVISION XVII
INTEROPERABLE COMMUNICATIONS
    Sec. 102.  Section 80.28, subsection 2, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   The board shall consist of fifteen seventeen voting members, as follows:
    Sec. 103.  Section 80.28, subsection 2, paragraph b, subparagraph (4), Code 2015, is amended to read as follows:
   (4)  Two members who are law public safety communication center managers employed by state or local government agencies.
    Sec. 104.  Section 80.28, subsection 2, paragraph b, Code 2015, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (05)  One member representing local emergency management coordinators.
   NEW SUBPARAGRAPH.  (005)  One member representing emergency medical service providers.

DIVISION XVIII
HUMAN TRAFFICKING
    Sec. 105.  Section 80B.11, subsection 1, paragraph c, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  In-service training under this paragraph “c” shall include the requirement that all law enforcement officers complete four hours of in-service training every five years related to domestic assault, sexual assault, human trafficking, stalking, and harassment. Such in-service training shall be approved by the academy in consultation with the Iowa coalition against sexual assault and the Iowa coalition against domestic violence.
    Sec. 106.  NEW SECTION.  692.23  Human trafficking information.

   The division of criminal and juvenile justice planning of the department of human rights shall collect and maintain criminal history data on incidents related to human trafficking in this state, and shall submit an annual report to the general assembly concerning the collected data. For purposes of this section, “incidents related to human trafficking” means criminal violations of section 710.5, 710.11, or 710A.2, section 725.1, subsection 2, or section 725.2 or 725.3, or violations of section 710.2, 710.3, or 710.4 if the victim was forced to provide labor or services or participate in commercial sexual activity.
    Sec. 107.  Section 702.11, subsection 1, Code 2015, is amended to read as follows:
   1.  A “forcible felony” is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree, or human trafficking.
    Sec. 108.  NEW SECTION.  710A.6  Outreach, public awareness, and training programs.

   The crime victim assistance division of the department of justice, in cooperation with other governmental agencies and nongovernmental or community organizations, shall develop and conduct outreach, public awareness, and training programs for the general public, law enforcement agencies, first responders, potential victims, and persons conducting or regularly dealing with businesses or other ventures that have a high statistical incidence of debt bondage or forced labor or services. The programs shall train participants to recognize and report incidents of human trafficking and to suppress the demand that fosters exploitation of persons and leads to human trafficking.
    Sec. 109.  Section 915.94, Code 2015, is amended to read as follows:
   915.94  Victim compensation fund.

   A victim compensation fund is established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 915.41 and this subchapter. In addition, the department may use moneys from the fund for the purpose of the department’s prosecutor-based victim service coordination, including the duties defined in sections 910.3 and 910.6 and this chapter, and for the award of funds to programs that provide services and support to victims of domestic abuse or sexual assault as provided in chapter 236, to victims under section 710A.2, and for the support of an automated victim notification system established in section 915.10A. The For each fiscal year, the department may also use up to one three hundred thousand dollars from the fund to provide training for victim service providers, to provide training for related professionals concerning victim service programming, and to provide training concerning homicide, domestic assault, sexual assault, stalking, harassment, and human trafficking as required by section 710A.6. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to state and local finances by making appropriations, providing for fees, providing for legal responsibilities, providing for certain employee benefits, and providing for regulatory, taxation, and properly related matters, and including penalties and effective date and retroactive and other applicability provisions.
   STANDING APPROPRIATIONS AND RELATED MATTERS. For the budget process applicable to FY 2016-2017, state agencies are required to submit estimates and other expenditure information as called for by the director of the department of management instead of the information required under Code section 8.23.
   The bill limits standing appropriations for FY 2015-2016 and FY 2016-2017 made for the following purposes: casino wagering tax proceeds allocated for department of cultural affairs operational support grants and community cultural grants; payment for nonpublic school transportation; and the enforcement of Iowa Code chapter 453D relating to tobacco product manufacturers.
   The bill limits the standing appropriation for paying instructional support state aid to zero for FY 2015-2016 and FY 2016-2017.
   The bill reduces the standing unlimited appropriation for FY 2015-2016 made for expenses of the general assembly under Code section 2.12.
   MISCELLANEOUS PROVISIONS AND APPROPRIATIONS. The bill appropriates moneys to the department of corrections from the general fund of the state for FY 2014-2015 for operations including training and additional costs associated with the new correctional facility located in Fort Madison. The moneys do not revert until the close of the succeeding fiscal year and the provision takes effect upon enactment.
   The bill appropriates moneys to the department of public health for FY 2014-2015 for purposes of providing a grant on behalf of substance-related disorder treatment providers. The moneys do not revert until the close of the succeeding fiscal year and the provision takes effect upon enactment.
   The bill appropriates moneys to the department of public health for FY 2014-2015 for purposes of providing a collaborative effort between certain entities for heart attack patients. The moneys do not revert until the close of the fiscal year that begins July 1, 2017, and the provision takes effect upon enactment.
   The bill requires the judicial branch to file a report with the general assembly regarding possible efficiencies in the collection of court debt.
   The bill allows an Iowa community college that entered into a new jobs training agreement pursuant to Code chapter 260E, which was effective in April 2012, with an Iowa employer to enter into a new agreement with such employer pursuant to Code chapter 260E, which will be effective September 2015, and may use the base employment determined in April 2012 as the base employment for determining the new jobs eligible under the new agreement if the base employment determined in April 2012 was 2,125 employees. The new agreement under Code chapter 260E shall be limited to seven years from the effective date of the agreement.
   The bill eliminates a reference to salary range nine for the executive director of the Iowa telecommunications and technology commission and allows the salary to be set within the applicable salary range established by the general assembly.
   Code section 43.45(3), as enacted by 2015 Iowa Acts, Senate File 415, section 1, is amended to allow county commissioners of elections using digital counting technology to direct the precinct election officials to print the write-in report containing digital images of write-in votes for delivery to the special precinct board.
   The bill creates new Code section 91A.5B to provide that an employer shall treat an employee who chooses to adopt in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption.
   The bill amends Code section 123.132, subsection 3, as enacted by 2015 Iowa Acts, Senate File 456, section 1, relating to requirements for containers of beer other than the original container that is sold and sealed.
   The bill amends Code section 136C.3 to establish a notification requirement for mammogram reports to patients. The bill directs the department of public health to adopt rules that require a facility performing mammography services to include information on breast density in reports sent to patients pursuant to federal law and rules. If a patient is categorized by an interpreting physician at the facility as having heterogeneously dense breasts or extremely dense breasts based on national standards the report to the patient must include notice that the patient has dense breast tissue, that this may make it more difficult to detect cancer on a mammogram, and that it may increase the patient’s risk of breast cancer. The bill provides language that such notice may contain. The bill’s provisions are not to be construed to modify the existing liability of a facility performing mammography services beyond the duty to provide the breast density information. Facilities providing mammography services must comply with the bill’s requirements by January 1, 2016.
   Currently, a governmental entity cannot receive remittances of sales tax revenue under the flood mitigation program after 20 years from the date the governmental entity’s project was approved. The bill amends Code section 418.15 to allow such remittances to be received if calculated based on sales subject to tax occurring before the expiration of the 20-year period.
   The bill amends Code section 602.1304 to increase the maximum annual deposit amount for the enhanced court collections fund for FY 2015-2016, FY 2016-2017, and FY 2017-2018, to $7 million; for FY 2018-2019 to $5 million; and for FY 2019-2020, and each fiscal year thereafter to $4.5 million. Currently, the maximum annual deposit amount is $4 million.
   The bill amends Code section 633.535 to provide that a person convicted of certain felonies perpetrated against a decedent in the six months immediately prior to the decedent’s death is not entitled, as a named beneficiary of a bond, life insurance policy, or any other contractual arrangement, to any benefit under the bond, policy, or other contractual arrangement, and the benefits become payable as though the person causing death had predeceased the decedent. However, the bill allows such a decedent, in the six months prior to death, to affirm by affidavit that the named beneficiary should receive the described benefit despite the felony conviction. The bill applies to felonies in the following Code chapters: 707 (homicide and related crimes), 708 (assault and related offenses), 709 (sexual abuse and related sexual offenses), and 710 (kidnapping and related offenses).
   The bill amends Code section 708.2A to include an assault, as defined in Code section 708.1, that occurs between persons who are in an intimate relationship or who have been in an intimate relationship and who have had contact within the past year of the assault, in the definition of domestic abuse assault pursuant to Code section 708.2A. In determining whether persons are or have been in an intimate relationship, the court may consider the duration of the relationship, the frequency of interaction, whether the relationship has been terminated, and the nature of the relationship, characterized by either party’s expectation of sexual or romantic involvement. A person who commits domestic abuse assault commits a simple misdemeanor, a serious misdemeanor, an aggravated misdemeanor, or a class “D” felony depending upon the circumstances involved in the offense. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both; a serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875; an aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250; and a class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill creates new Code section 708.11A to provide that a person commits unauthorized placement of a global positioning device, when, with intent to intimidate, annoy, or alarm another person, the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person without a legitimate purpose. A person who violates the bill commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   SALARIES, COMPENSATION, AND RELATED MATTERS. The bill allows salary adjustments to be funded using departmental revolving, trust, or special funds for which the general assembly has established an operating budget.
   The bill requires the salaries model administrator to work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state salary and benefit information.
   CORRECTIVE PROVISIONS. Code section 123.122, Code 2015, as amended by 2015 Iowa Acts, House File 536, section 48, is amended to change an additional instance of the word “division” to “subchapter” in order to distinguish between references to subunits of Code chapter 123 (subchapters) and references to the alcoholic beverages division of the department of commerce (division).
   Code sections 227.10, 227.14, 229.1B, 229.2(1)(b)(3), 229.8(1), 229.10(1)(a), 229.11(1)(u1), 229.13(1)(a), 229.14(2)(a), 229.14A(7), 229.42(1), 230.1(3), 230.20(2)(b), and 426B.5(2)(c), Code 2015, as amended by 2015 Iowa Acts, Senate File 463, sections 53, 56, 59, through 66, 68, 69, 71, and 78, are amended to correct references to the official name of the mental health and disability services regions.
   Code section 279.10(1), Code 2015, as amended by 2015 Iowa Acts, Senate File 227, section 2, is amended to strike a reference to a Code provision relating to a pilot program for an innovative school year. The pilot program provision was stricken by Senate File 227, effective April 10, 2015. This amendment is made retroactively applicable to April 10, 2015.
   Code section 459A.302(1)(a)(u1), Code 2015, as amended by 2015 Iowa Acts, House File 583, section 33, if enacted, is amended to add a missing reference to an animal truck wash effluent structure in a portion of a sentence that already refers to such a structure.
   Code section 459A.302(2)(a), Code 2015, as amended by 2015 Iowa Acts, House File 583, section 34, if enacted, is amended to delete a superfluous and conflicting indefinite article before the term “animal truck wash effluent structure”, as the definite article at the beginning of the sentence already modifies the term.
   Code section 459A.404(3)(b) and (c), if enacted by 2015 Iowa Acts, House File 583, section 41, are amended to complete a sentence by specifying the requirement which does not apply when an unformed animal truck wash effluent structure is replaced with a formed animal truck wash effluent structure.
   Code section 459A.411, Code 2015, as amended by 2015 Iowa Acts, House File 583, section 43, if enacted, is amended to correct the verb in a sentence phrase that includes a plural rather than a singular subject.
   Code section 476.53(3)(a)(1), Code 2015, as amended by 2015 Iowa Acts, House File 535, section 61, is amended to correct an internal reference due to elimination of an unnumbered paragraph and the renumbering of the Code subunits in language relating to construction or significant alteration of electric power generating facilities.
   Code section 602.3205(3)(b), if enacted by 2015 Iowa Acts, Senate File 404, section 5, is amended to correct a reference to audio recordings that are provided “to the board” of examiners of shorthand reporters pursuant to this Code provision.
   Code section 602.11113, Code 2015, as amended by 2015 Iowa Acts, House File 536, section 177, is amended to reverse the inadvertent deletion of the preposition “to” in language substituting the actual effective date of legislation relating to the 1983 court system reorganization and the employment of bailiffs as court attendants.
   Code section 714.23(4A)(a), if enacted by 2015 Iowa Acts, Senate File 501, section 2, or 2015 Iowa Acts, House File 663, section 2, is amended to insert the word “section” inadvertently missing before a Code section numerical reference in this provision relating to student tuition refunds.
   Code section 902.1(2)(a)(u1), as enacted by 2015 Iowa Acts, Senate File 448, section 1, is amended to replace the inadvertent omission of the preposition “of” in language relating to the sentencing options applicable to a defendant convicted of murder in the first degree who was under the age of 18 at the time the offense was committed. This amendment is made retroactively applicable to the effective date of 2015 Iowa Acts, Senate File 448.
   Code section 916.1, subsection 1, as enacted by 2015 Iowa Acts, House File 496, section 1, is amended to reconcile the definitions for the terms “confidential communication” and “confidential information” as the second term and definition further specify the type of information considered confidential as that information relates to a confidential communication.
   REIMBURSEMENT OF DEFENSE COSTS. This bill relates to the reimbursement of certain defense costs of peace officers and corrections officers.
   Under current law, Code section 80.37 provides that a peace officer will be reimbursed for certain defense costs. Code section 80.37 defines “peace officer” as a member, except a non-peace officer member, of the division of state patrol, narcotics enforcement, state fire marshal, or criminal investigation, including but not limited to a gaming enforcement officer, who has passed a satisfactory physical and mental examination, who has been duly appointed by the department of public safety, and who is employed by any division of the department of public safety. 
   Code section 80.37 provides that if an officer is charged with the alleged commission of a public offense, based on acts or omission within the scope of the officer’s lawful duty or authority, and the charge is dismissed or the officer is acquitted, the officer shall be reimbursed for costs incurred in defending the charge if the court finds that the charge was without probable cause, filed for malicious purposes, or was unwarranted in consideration of the circumstances. Code section 80.37 also provides that if a court fails to award reimbursement of defense costs to an officer, the officer may apply for judicial review of that decision.
   The bill expands the type of peace officer who is entitled to reimbursement of certain defense costs and moves Code section 80.37 to new Code section 80F.2. The bill adds to the definition of “peace officer” the following: a sheriff and sheriff’s regular deputy who is subject to mandated law enforcement training, marshal and police officer of a city, parole officer acting pursuant to Code section 906.2, probation officer acting pursuant to Code sections 602.7202(4) and 907.2, peace officer employed by board of regents institutions as set forth in Code section 262.13, conservation officer as authorized by Code section 456A.13, employee of the department of transportation designated as a peace officer by resolution of the department under Code section 321.477, employee of an aviation authority designated as a peace officer by the authority under Code section 330A.8(16), and such person as may be otherwise so designated by law. 
   The bill also provides that a corrections officer is entitled to reimbursement of certain defense costs in the same manner as a peace officer. 
   RENEWABLE FUELS INFRASTRUCTURE PROGRAM. The bill expands the renewable fuel infrastructure program for retail motor fuel sites by providing that state moneys may be used to finance infrastructure associated with storing and dispensing ethanol blended gasoline classified as E-15. The bill provides that the infrastructure so financed must always be used to store and dispense E-15 and during nonsummer months (from September 16 to May 31) it must be designated as a registered fuel recognized by the United States environmental protection agency. 
   STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM. This division establishes a state employee retirement incentive program.
   The division establishes a state employee retirement incentive program for eligible employees of the executive branch of the state, including employees in the offices of statewide elective officials, employees of a judicial district department of correctional services, and if the board of regents approves, employees of the state board of regents and its institutions. The bill permits, but does not require, either the legislative branch or the judicial branch to establish an early retirement program consistent with the program provided to executive branch employees in the bill. An elected official, or an employee eligible for an enhanced sick leave conversion program under Code section 70A.23(4) are excluded from participating in the program. The program shall be administered by the department of administrative services. The bill permits eligible executive branch employees who have completed an application for benefits under the Iowa public employees’ retirement system (IPERS) with an intended first month of entitlement of no later than September 2015 to separate from service with the state and receive a benefit under the program. To receive the incentive benefit, an eligible employee must submit an application to participate in the program by July 31, 2015, be accepted to participate in the program by the departments of administrative services and management, separate from state employment by August 27, 2015, and acknowledge the employee’s ineligibility to return to employment with the state.
   The bill provides that the benefit provided to an eligible employee who participates in the program is an amount equal to the entire value of the eligible employee’s accumulated but unused vacation plus, if the employee has at least 10 years of state employment, $1,000 for each year of state employment up to 25 years. The bill provides that this amount shall be payable in five equal installments each year during September beginning in November 2015. In addition, the bill provides that a participant in the program, or the participant’s surviving spouse, shall receive a health insurance premium benefit to pay the premium cost for eligible state group health insurance for five years following the participant’s termination from state employment. However, the bill provides that a participant shall receive the health insurance premium benefit only when the participant is no longer eligible for, or exhausts, the participant’s available remaining value of sick leave used to pay the state share for the participant’s continuation of state group health insurance coverage as provided in Code section 70A.23, subsection 3.
   The bill further provides that an employer shall not hire a participant in the program for any employment.
   The division takes effect upon enactment.
   SCHOOL AID —— PERCENT OF GROWTH. The bill establishes a state percent of growth of 2.625 percent for the school budget year beginning July 1, 2015. The bill also establishes a state percent of growth of 4 percent for the school budget year beginning July 1, 2016.
   The bill establishes a categorical state percent of growth of 2.625 percent for the school budget year beginning July 1, 2015. The bill establishes a categorical state percent of growth of 4 percent for the school budget year beginning July 1, 2016.
   The requirements of Code section 257.8, subsections 1 and 2, regarding the enactment of bills establishing the regular program state percent of growth and the categorical state percent of growth within 30 days of the submission in the year preceding the base year of the governor’s budget and the subject matter limitations of bills establishing the state percent of growth and the categorical state percent of growth do not apply to this division of the bill.
   The division takes effect upon enactment.
   APPORTIONMENT OF TRANSPORTATION FUNDS —— APPROPRIATION. The bill conditionally appropriates moneys from the general fund of the state to the department of transportation an amount that a city would have received from March 2011 until the effective date of the division of the Act if the moneys were apportioned according to the population requirements provided in Code section 312.3, subsection 2, paragraph “d”. The provisions take effect upon enactment and apply retroactively to March 2011.
   DRUG OVERDOSE PREVENTION. The bill relates to drug overdose prevention and the prescription and administration of opioid antagonists, and provides immunity from certain criminal offenses for a person who seeks medical assistance for a person experiencing an overdose.
   The bill defines an “opioid antagonist” as a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States food and drug administration.
   The bill provides that if an employee is provided care under Code chapter 85 (workers’ compensation), and the health care professional providing care believes the employee is at risk of an opioid-related overdose, the cost of a prescription for an opioid antagonist shall be paid by the employer or insurance carrier.
   The bill provides that certain information collected or derived from an overdose patient or overdose reporter shall not be considered to support probable cause and shall not be admissible as evidence against an overdose patient or overdose reporter for certain controlled substance-related crimes.
   The bill provides that a person who is a friend or family member of, or is otherwise in position to assist, a person at risk of an opioid-related overdose may possess an opioid antagonist.
   The bill directs the department of public health to develop standards for recordkeeping and reporting of opioid-antagonist use by first responders and to provide an annual report to the general assembly with recommendations regarding the use of opioid antagonists. The bill further directs the department of public health to develop protocols and instructions for the administration of an opioid antagonist and make the protocols and instructions publicly available.
   The bill provides that a health care professional otherwise authorized to prescribe an opioid antagonist may directly, by standing order, or through collaborative agreement, prescribe or furnish an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a family member or friend of, or other person in a position to assist, a person at risk of experiencing an opioid-related overdose. The bill provides that a health care professional licensed to prescribe an opioid antagonist is not subject to civil liability, disciplinary action, or a civil or criminal penalty for prescribing an opioid antagonist to a person whom the health care professional reasonably believes may be in a position to assist or administer the opioid antagonist to a person at risk of an opioid-related overdose.
   The bill provides that an emergency medical care provider or a law enforcement officer who has been trained in the administration of an opioid antagonist and acts with reasonable care in administering an opioid antagonist to another person who the emergency medical care provider or law enforcement officer believes in good faith to be suffering an opioid-related overdose is not subject to civil liability, disciplinary action, or a civil or criminal penalty for an act or omission related to or resulting from the administration.
   The bill provides that a person who is not licensed to prescribe, dispense, or administer opioid antagonists may, in an emergency, administer an opioid antagonist if the person believes in good faith that the other person is suffering an opioid-related overdose. The bill further provides that the person is not subject to civil liability, disciplinary action, or a civil or criminal penalty for an act or omission related to or resulting from the administration of the opioid antagonist.
   The bill directs the department of human services to include an opioid antagonist on the medical assistance preferred drug list. The bill provides that, under the medical assistance program, a prescription for an opioid antagonist is not subject to prior authorization or other utilization management if the prescriber deems the opioid antagonist medically necessary.
   COUNTY COURTHOUSES. The bill strikes a requirement that court be held in Avoca in Pottawattamie county. The bill repeals 1884 Iowa Acts, chapter 198, relating to the holding of court in Avoca in Pottawattamie county.
   REFUGEE FAMILY SUPPORT SERVICES. The bill establishes a refugee family support services pilot program and makes appropriations. The bill directs the bureau of refugee services within the department of human services to establish and administer the refugee family support services pilot program to provide a grant to a state, local, or community organization working with refugee populations for contracting with and training multiple refugees to act as refugee community navigators. The bill requires the grant to be used for employment costs of a program manager and a community navigator coordinator, and the contract and stipend costs for multiple refugee community navigators. The bill directs the bureau of refugee services to award one grant through a competitive application process and to provide funding for the organization over a three-year period. The bill requires the recipient organization to provide the bureau with annual progress reports and requires the bureau to present an outcomes report to the general assembly.
   The bill appropriates $750,000 from the general fund of the state to the department of human services for FY 2014-2015 for a pilot project in a county with a population over 350,000 as determined by the 2010 federal decennial census, and allows the moneys to be carried forward to the next fiscal year.
   The division takes effect upon enactment.
   DEPARTMENT OF MANAGEMENT —— DUTIES. The bill transfers duties of the department of management for targeted small businesses and state programs for equal opportunity to the department of administrative services. The bill makes conforming amendments.
   CLAIMS AGAINST THE STATE AND BY THE STATE. Payments authorized by the state appeal board are paid under current law from the appropriation or fund of original certification of the claim. The bill provides that if such appropriation or fund has since reverted, then such payment is from the Iowa economic emergency fund and then the general fund of the state if the Iowa economic emergency fund is insufficient. The bill creates a standing unlimited appropriation from the Iowa economic emergency fund to the state appeal board for the payment of such claims.
   STATE GEOLOGICAL SURVEY. Currently, the geological survey of the state is created in the department of natural resources and the director of the department of natural resources appoints the state geologist. The bill moves the state geological survey to the IIHR —— hydroscience and engineering unit of the university of Iowa college of engineering and requires the director of the unit to appoint the state geologist.
   The bill provides that the state geological survey’s mission is to acquire information regarding mineral and water resources in the state and to provide publications, consultant services, and a library of databases.
   The bill requires the state geological survey to cooperate with federal and state agencies to maximize the benefits derived from resource assessments and to expand educational and technology transfer programs.
   The bill requires the state geological survey to be located in or in proximity to Iowa City.
   The bill makes conforming amendments and provides transitional provisions.
   The bill appropriates $1 million from the general fund of the state to the university of Iowa for purposes of the state geological survey.
   The bill reduces by $1 million the appropriation to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2015, for purposes of supporting the department including administration, regulation, and programs. The bill reduces by $500,000 the appropriation to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2016, for purposes of supporting the department including administration, regulation, and programs.
   REVIVAL OF USE RESTRICTIONS. The bill relates to the ability of a common interest community to revive use restrictions.
   The bill defines “common interest community” as real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other parcels, or other real estate described in the declaration. “Common interest community” includes a cooperative under Code chapter 499A and a horizontal property regime under Code chapter 499B.
   The bill references the definition of “use restriction” in Code section 614.24 which is a limitation or prohibition on the rights of a landowner to make use of the landowner’s real estate, including but not limited to limitations or prohibitions on commercial uses, rental use, parking and storage of recreational vehicles and their attachments, ownership of pets, outdoor domestic uses, construction and use of accessory structures, building dimensions and colors, building construction materials, and landscaping. “Use restriction” does not include an easement granting a person an affirmative right to use land in the possession of another person including but not limited to an easement for pedestrian or vehicular access, reasonable ingress and egress, solar access, utilities, supporting utilities, parking areas, bicycle paths, and water flow, an agreement between two or more parcel owners providing for the sharing of costs and other obligations for real estate taxes, insurance premiums, and for maintenance, repair, improvements, services, or other costs related to two or more parcels of real estate regardless of whether the parties to the agreement are owners of individual lots or incorporated or unincorporated lots or have ownership interests in common areas in a horizontal property regime or residential housing development, or an agreement between two or more parcel owners for the joint use and maintenance of driveways, party walls, landscaping, fences, wells, roads, common areas, waterways, or bodies of water.
   Under Code section 614.24, no action arising or existing by reason of the provisions of any contract providing for use restrictions in and to real estate may be maintained after 21 years from the recording of the contract unless a claimant has filed a verified claim with the county recorder within the 21-year period.
   The bill provides a mechanism for common interest communities to revive use restrictions which have become barred by operation of Code section 614.24. A proposal to revive use restrictions may be brought by the executive board of the homeowners’ association or by petition of parcel owners who own at least 10 percent of the affected parcels.
   The bill specifies the form of the notice the executive board shall provide to parcel owners regarding a proposal for the revival of use restrictions. The proposal may be voted upon at a meeting which shall be held no less than 14 days and no more than 60 days after notice was provided to the parcel owners. The proposal may also be voted on by written ballot. If the vote is by written ballot, the notice must specify when ballots are due, which must be no earlier than 14 days and no later than 60 days after the written ballots were delivered.
   Upon proper notice, if the owners of a majority of the affected parcels in the common interest community approve the revival of lapsed use restrictions, the lapsed use restrictions are revived as to all parcels in the common interest community.
   The revived use restrictions become effective upon recordation. The revived use restrictions are not given retroactive applicability. Revived use restrictions may not be enforced against a parcel if a parcel owner made a good-faith investment that would be impaired by such enforcement and such investment was made while the use restriction was unenforceable under Code section 614.24 and before the use restriction was revived under new Code chapter 564B.
   The bill provides that if use restrictions are revived under new Code chapter 564B, the 21-year limitation period under Code chapter 614.24 begins as of the recordation date of the revived use restrictions.
   This division of the bill applies to common interest communities created prior to, and still in existence on, July 1, 2015, and created on or after July 1, 2015.
   INTEROPERABLE COMMUNICATIONS. The bill adds two new members to the statewide interoperable communications system board, increasing the voting members on the board to 17. One new member shall be a representative of local emergency management coordinators and the other new member shall be a representative of emergency medical service providers.
   HUMAN TRAFFICKING. The bill relates to human trafficking and includes a penalty provision.
   The bill requires law enforcement officers to complete four hours of in-service training every five years related to domestic assault, sexual assault, human trafficking, stalking, and harassment. The in-service training must be approved by the Iowa law enforcement academy in consultation with the Iowa coalition against sexual assault and the Iowa coalition against domestic violence.
   The bill directs the crime victim assistance division of the department of justice, in cooperation with other governmental agencies and nongovernmental or community organizations, to develop and conduct outreach, public awareness, and training programs related to human trafficking. The programs are for the general public, law enforcement agencies, first responders, potential victims, and persons conducting or regularly dealing with businesses that have a high statistical incidence of debt bondage or forced labor or services, and are intended to train participants to recognize and report incidents of human trafficking and to suppress the demand that fosters exploitation of persons and leads to human trafficking. 
   Under current law, the department of justice may use up to $100,000 from the victim compensation fund to provide training to victim service providers. The bill provides that the department of justice may use up to $300,000 each fiscal year to provide training programs to victim service providers, to provide training to related professionals concerning victim service programming, and to provide training concerning homicide, domestic assault, sexual assault, stalking, harassment, and human trafficking.
   The bill requires the division of criminal and juvenile justice planning of the department of human rights to collect and maintain criminal history data on incidents related to human trafficking, and to submit an annual report to the general assembly concerning the collected data. The bill defines “incidents related to human trafficking” to mean criminal violations of Code section 710.5 (child stealing), 710.11 (purchase or sale of individual), 710A.2 (human trafficking), 725.1(2) (prostitution), 725.2 (pimping), 725.3 (pandering), or violations of Code section 710.2 (kidnapping in the first degree), 710.3 (kidnapping in the second degree), or 710.4 (kidnapping in the third degree) if the victim was forced to provide labor or services or participate in commercial sexual activity.
   The bill amends the definition of “forcible felony” to include human trafficking. “Human trafficking” means participating in a venture to recruit, harbor, transport, supply provisions, or obtain a person for either forced labor or service that results in involuntary servitude, peonage, debt bondage, or slavery, or for commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of 18, the commercial sexual activity need not involve force, fraud, or coercion. As an offense that is a forcible felony, a person convicted of human trafficking would not be eligible for a suspended or deferred sentence, or a deferred judgment.