House File 2459 - Reprinted HOUSE FILE 2459 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 656) (As Amended and Passed by the House April 19, 2016 ) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for legal responsibilities, 2 providing for other properly related matters, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 2459 (2) 86 tm/rn/md

H.F. 2459 DIVISION I 1 EQUAL PAY TASK FORCE AND REPORT 2 Section 1. EQUAL PAY. 3 1. An equal pay task force is created. The task force shall 4 consist of seven members appointed by the governor. 5 2. The task force shall study wage discrepancies within 6 public and private employment and between public and private 7 employers. 8 3. The task force shall submit a report regarding its 9 findings and its recommendations regarding potential actions 10 for the elimination and prevention of such discrepancies to the 11 governor and the general assembly no later than December 22, 12 2017. 13 DIVISION II 14 MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION 15 Sec. 2. ADDITIONAL UNFAIR OR DISCRIMINATORY PRACTICE —— 16 WAGE DISCRIMINATION IN EMPLOYMENT. 17 1. As stated in chapter 216, the general assembly finds that 18 the practice of discriminating against any employee because of 19 the age, race, creed, color, sex, sexual orientation, gender 20 identity, national origin, religion, or disability of such 21 employee by paying wages to such employee at a rate less than 22 the rate paid to other employees does all of the following: 23 a. Unjustly discriminates against the person receiving the 24 lesser rate. 25 b. Leads to low employee morale, high turnover, and frequent 26 labor unrest. 27 c. Discourages employees paid at lesser wage rates from 28 training for higher level jobs. 29 d. Curtails employment opportunities, decreases employees’ 30 mobility, and increases labor costs. 31 e. Impairs purchasing power and threatens the maintenance 32 of an adequate standard of living by such employees and their 33 families. 34 f. Prevents optimum utilization of the state’s available 35 -1- HF 2459 (2) 86 tm/rn/md 1/ 10

H.F. 2459 labor resources. 1 g. Threatens the well-being of citizens of this state and 2 adversely affects the general welfare. 3 2. As stated in section 216.6A, it remains unfair or 4 discriminatory practice for any employer or agent of any 5 employer to discriminate against any employee because of the 6 age, race, creed, color, sex, sexual orientation, gender 7 identity, national origin, religion, or disability of such 8 employee by paying wages to such employee at a rate less than 9 the rate paid to other employees who are employed within the 10 same establishment for equal work on jobs, the performance of 11 which requires equal skill, effort, and responsibility, and 12 which are performed under similar working conditions. As also 13 stated in section 216.6A, an employer or agent of an employer 14 who is paying wages to an employee at a rate less than the rate 15 paid to other employees in violation of this section shall not 16 remedy the violation by reducing the wage rate of any employee. 17 DIVISION III 18 STANDING APPROPRIATIONS AND RELATED MATTERS 19 Sec. 3. 2015 Iowa Acts, chapter 138, section 3, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION . 4. For the peace officers’ retirement, 22 accident, and disability system retirement fund under section 23 97A.11A: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 25 Sec. 4. 2015 Iowa Acts, chapter 138, is amended by adding 26 the following new section: 27 NEW SECTION . SEC. 5A. GENERAL ASSEMBLY. 28 1. The appropriations made pursuant to section 2.12 for the 29 expenses of the general assembly and legislative agencies for 30 the fiscal year beginning July 1, 2016, and ending June 30, 31 2017, are reduced by the following amount: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,850,000 33 2. The budgeted amounts for the general assembly and 34 legislative agencies for the fiscal year beginning July 1, 35 -2- HF 2459 (2) 86 tm/rn/md 2/ 10

H.F. 2459 2016, may be adjusted to reflect the unexpended budgeted 1 amounts from the previous fiscal year. 2 3. Annual membership dues for organizations, associations, 3 and conferences shall not be paid from moneys appropriated 4 pursuant to section 2.12. 5 4. Costs for out-of-state travel and per diems for 6 out-of-state travel shall not be paid from moneys appropriated 7 pursuant to section 2.12. 8 Sec. 5. 2015 Iowa Acts, chapter 138, is amended by adding 9 the following new section: 10 NEW SECTION . SEC. 7A. Section 257.35, Code 2016, is amended 11 by adding the following new subsection: 12 NEW SUBSECTION . 10A. Notwithstanding subsection 1, and in 13 addition to the reduction applicable pursuant to subsection 14 2, the state aid for area education agencies and the portion 15 of the combined district cost calculated for these agencies 16 for the fiscal year beginning July 1, 2016, and ending June 17 30, 2017, shall be reduced by the department of management by 18 twenty million dollars. The reduction for each area education 19 agency shall be prorated based on the reduction that the agency 20 received in the fiscal year beginning July 1, 2003. 21 Sec. 6. Section 2.48, subsection 3, Code 2016, is amended by 22 adding the following new paragraph: 23 NEW PARAGRAPH . 0f. In 2016: 24 (1) The homestead tax credit under chapter 425. 25 (2) The elderly and disabled property tax credit under 26 chapter 425. 27 (3) The agricultural land tax credit under chapter 426. 28 (4) The military service tax credit under chapter 426A. 29 (5) The business property tax credit under chapter 426C. 30 (6) The commercial and industrial property tax replacement 31 claims under section 441.21A. 32 Sec. 7. Section 230.8, Code 2016, is amended to read as 33 follows: 34 230.8 Transfers of persons with mental illness —— expenses. 35 -3- HF 2459 (2) 86 tm/rn/md 3/ 10

H.F. 2459 The transfer to any state hospitals or to the places of their 1 residence of persons with mental illness who have no residence 2 in this state or whose residence is unknown and deemed to be a 3 state case, shall be made according to the directions of the 4 administrator, and when practicable by employees of the state 5 hospitals. The actual and necessary expenses of such transfers 6 shall be paid by the department on itemized vouchers sworn to 7 by the claimants and approved by the administrator , and the 8 amount of the expenses is appropriated to the department from 9 any funds in the state treasury not otherwise appropriated . 10 Sec. 8. Section 820.24, Code 2016, is amended to read as 11 follows: 12 820.24 Expenses —— how paid. 13 When the punishment of the crime shall be the confinement of 14 the criminal in the penitentiary, the expenses shall be paid 15 out of the state treasury, on the certificate of the governor 16 and warrant of the director of the department of administrative 17 services by the department of corrections ; and in all other 18 cases they shall be paid out of the county treasury in the 19 county wherein the crime is alleged to have been committed. 20 The expenses shall be the fees paid to the officers of the 21 state on whose governor the requisition is made, and all 22 necessary and actual traveling expenses incurred in returning 23 the prisoner. 24 DIVISION IV 25 MISCELLANEOUS PROVISIONS 26 Sec. 9. WATER QUALITY —— IOWA FINANCE AUTHORITY. There is 27 appropriated from the general fund of the state to the Iowa 28 finance authority for the fiscal year beginning July 1, 2016, 29 and ending June 30, 2017, the following amount, or so much 30 thereof as is necessary, to be used for the purpose designated: 31 For deposit in the water quality financial assistance fund 32 created in section 16.134A, if enacted by 2016 Iowa Acts, House 33 File 2451: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 35 -4- HF 2459 (2) 86 tm/rn/md 4/ 10

H.F. 2459 Sec. 10. SALARY MODEL ADMINISTRATOR. The salary model 1 administrator shall work in conjunction with the legislative 2 services agency to maintain the state’s salary model used for 3 analyzing, comparing, and projecting state employee salary 4 and benefit information, including information relating to 5 employees of the state board of regents. The department of 6 revenue, the department of administrative services, the five 7 institutions under the jurisdiction of the state board of 8 regents, the judicial district departments of correctional 9 services, and the state department of transportation shall 10 provide salary data to the department of management and the 11 legislative services agency to operate the state’s salary 12 model. The format and frequency of provision of the salary 13 data shall be determined by the department of management and 14 the legislative services agency. The information shall be 15 used in collective bargaining processes under chapter 20 and 16 in calculating the funding needs contained within the annual 17 salary adjustment legislation. A state employee organization 18 as defined in section 20.3, subsection 4, may request 19 information produced by the model, but the information provided 20 shall not contain information attributable to individual 21 employees. 22 Sec. 11. Section 24.32, Code 2016, is amended to read as 23 follows: 24 24.32 Decision certified. 25 After a hearing upon the appeal, the state board shall 26 certify its decision to the county auditor and to the parties 27 to the appeal as provided by rule, and the decision shall 28 be final. The county auditor shall make up the records in 29 accordance with the decision and the levying board shall make 30 its levy in accordance with the decision. Upon receipt of 31 the decision, the certifying board shall correct its records 32 accordingly, if necessary. Final disposition of all appeals 33 shall be made by the state board on or before April 30 of 34 each year within forty-five days after the date of the appeal 35 -5- HF 2459 (2) 86 tm/rn/md 5/ 10

H.F. 2459 hearing . 1 Sec. 12. Section 418.12, subsection 5, Code 2016, is amended 2 to read as follows: 3 5. If the department of revenue determines that the 4 revenue accruing to the fund or accounts within the fund 5 exceeds thirty million dollars for a fiscal year or exceeds 6 the amount necessary for the purposes of this chapter if the 7 amount necessary is less than thirty million dollars for a 8 fiscal year , then those excess moneys shall be credited by the 9 department of revenue for deposit in the general fund of the 10 state. 11 Sec. 13. Section 669.11, Code 2016, is amended to read as 12 follows: 13 669.11 Payment of award. 14 1. Any Except as provided in subsection 2, an award to 15 a claimant under this chapter , and any judgment in favor of 16 any claimant under this chapter , shall be paid promptly out 17 of appropriations which have been made for such purpose, if 18 any; but any such amount or part thereof which cannot be paid 19 promptly from such appropriations shall be paid promptly out 20 of any money in the state treasury not otherwise appropriated. 21 Payment shall be made only upon receipt of a written release by 22 the claimant in a form approved by the attorney general. 23 2. An award under this chapter, and any judgment in favor 24 of any claimant under this chapter, for a claim relating to 25 conduct or actions of an employee of the hospital and medical 26 clinics at the university of Iowa that is paid by moneys from 27 the general fund of the state through the state appeal board 28 shall be reimbursed by the hospital and medical clinics at the 29 university of Iowa. Payment shall be made only upon receipt 30 of a written release by the claimant in a form approved by the 31 attorney general. 32 Sec. 14. Section 915.25, subsection 3, as enacted by 2016 33 Iowa Acts, Senate File 2288, section 16, is amended to read as 34 follows: 35 -6- HF 2459 (2) 86 tm/rn/md 6/ 10

H.F. 2459 3. Notwithstanding the provisions of sections 232.147 , 1 232.149 , and 232.149A , an intake or juvenile court officer 2 shall disclose to the alleged victim of a delinquent act, upon 3 the request of the victim, the complaint, the name and address 4 of the child who allegedly committed the delinquent act, and 5 the disposition of the complaint. If the alleged delinquent 6 act would be a forcible felony serious misdemeanor, aggravated 7 misdemeanor, or felony offense if committed by an adult, the 8 intake or juvenile court officer shall provide notification to 9 the victim of the delinquent act as required by section 915.24 . 10 DIVISION V 11 CORRECTIVE PROVISIONS 12 Sec. 15. Section 29C.24, subsection 3, paragraph a, 13 subparagraphs (3) and (6), if enacted by 2016 Iowa Acts, Senate 14 File 2306, section 2, are amended to read as follows: 15 (3) The imposition of income taxes under chapter 422, 16 divisions II and III, including the requirement to file 17 tax returns under sections 422.13 through 422.15 or section 18 422.36, as applicable, and including the requirement to 19 withhold and remit income tax from out-of-state employees under 20 section 422.16. In addition, the performance of disaster 21 or emergency-related work during a disaster response period 22 by an out-of-state business or out-of-state employee shall 23 not require an out-of-state business to be included in a 24 consolidated return under section 422.37, and shall not 25 increase the amount of net income of the out-of-state business 26 allocated and apportioned to the state under sections section 27 422.8 or 422.33, as applicable. 28 (6) The assessment of property taxes by the department 29 of revenue under sections 428.24 through 428.26, 428.28, and 30 428.29, or chapters 433, 434, 435, and 437 through 438, or by 31 a local assessor under another provision of law, on property 32 brought into the state to aid in the performance of disaster 33 or emergency-related work during a disaster response period if 34 such property does not remain in the state after the conclusion 35 -7- HF 2459 (2) 86 tm/rn/md 7/ 10

H.F. 2459 of the disaster response period. 1 Sec. 16. Section 29C.24, subsection 4, if enacted by 2016 2 Iowa Acts, Senate File 2306, section 2, is amended to read as 3 follows: 4 4. Business and employee status after a disaster response 5 period. An out-of-state business or out-of-state employee 6 that remains in the state after the conclusion of the 7 disaster response period for during which the disaster or 8 emergency-related work was performed shall be fully subject to 9 the state’s standards for establishing presence, residency, 10 or doing business as otherwise provided by law, and shall 11 be responsible for any resulting taxes, fees, licensing, 12 registration, filing, or other requirements. 13 Sec. 17. Section 155A.13, subsection 3, paragraph d, if 14 enacted by 2016 Iowa Acts, Senate File 453, section 3, is 15 amended to read as follows: 16 d. An applicant seeking a special or limited-use pharmacy 17 licensed license for a proposed telepharmacy site that does not 18 meet the mileage requirement established in paragraph “c” and is 19 not statutorily exempt from the mileage requirement may apply 20 to the board for a waiver of the mileage requirement. A waiver 21 request shall only be granted if the applicant can demonstrate 22 to the board that the proposed telepharmacy site is located in 23 an area where there is limited access to pharmacy services and 24 can establish the existence of compelling circumstances that 25 justify waiving the mileage requirement. The board’s decision 26 to grant or deny a waiver request shall be a proposed decision 27 subject to mandatory review by the director of the department 28 of public health. The director shall review a proposed 29 decision and shall have the power to approve, modify, or veto a 30 proposed decision. The director’s decision on a waiver request 31 shall be considered final agency action subject to judicial 32 review under chapter 17A. 33 Sec. 18. Section 229.13, subsection 7, paragraph a, 34 subparagraph (1), if enacted by 2016 Iowa Acts, Senate File 35 -8- HF 2459 (2) 86 tm/rn/md 8/ 10

H.F. 2459 2259, section 1, is amended to read as follows: 1 (1) The respondent’s mental health professional acting 2 within the scope of the mental health professional’s practice 3 shall notify the committing court, with preference given to the 4 committing judge, if available, in the appropriate county who 5 and the court shall enter a written order directing that the 6 respondent be taken into immediate custody by the appropriate 7 sheriff or sheriff’s deputy. The appropriate sheriff or 8 sheriff’s deputy shall exercise all due diligence in taking 9 the respondent into protective custody to a hospital or other 10 suitable facility. 11 Sec. 19. Section 272.25, subsection 3, Code 2016, as amended 12 by 2016 Iowa Acts, Senate File 2196, section 3, is amended to 13 read as follows: 14 3. A requirement that the program include instruction 15 in skills and strategies to be used in classroom management 16 of individuals, and of small and large groups, under varying 17 conditions; skills for communicating and working constructively 18 with pupils, teachers, administrators, and parents; preparation 19 in reading theory, knowledge, strategies, and approaches, and 20 for integrating literacy instruction in into content areas in 21 accordance with section 256.16; and skills for understanding 22 the role of the board of education and the functions of other 23 education agencies in the state. The requirement shall be 24 based upon recommendations of the department of education after 25 consultation with teacher education faculty members in colleges 26 and universities. 27 Sec. 20. Section 598C.102, subsection 8, paragraph b, if 28 enacted by 2016 Iowa Acts, Senate File 2233, section 2, is 29 amended to read as follows: 30 b. An individual who has custodial responsibility for a 31 child under a law of this state other than this chapter. 32 Sec. 21. 2016 Iowa Acts, House File 2269, section 20, 33 subsection 1, is amended to read as follows: 34 1. It is amended, rescinded, or supplemented by the 35 -9- HF 2459 (2) 86 tm/rn/md 9/ 10

H.F. 2459 affirmative action of the executive council committee of the 1 Iowa beef cattle producers association created in section 2 181.3, as amended in this Act. 3 Sec. 22. 2016 Iowa Acts, Senate File 378, section 2, is 4 amended to read as follows: 5 SEC 2. REPEAL. Section 80.37, Code 2015 2016 , is repealed. 6 Sec. 23. 2016 Iowa Acts, Senate File 2185, section 2, if 7 enacted, is amended by striking the section and inserting in 8 lieu thereof the following: 9 SEC. 2. Section 709.21, subsection 3, Code 2016, is amended 10 to read as follows: 11 3. A person who violates this section commits a serious an 12 aggravated misdemeanor. 13 DIVISION VI 14 AREA EDUCATION AGENCY FUNDING 15 Sec. 24. SPECIAL EDUCATION SUPPORT SERVICES 16 FUNDING. Notwithstanding the provisions of section 257.35, 17 subsection 11, and section 257.37, subsection 6, for the 18 budget year beginning July 1, 2016, an area education agency 19 shall use the total amount determined to be available to the 20 area education agency under section 257.35 and any unreserved 21 fund balances for media services or education services that 22 exceed an amount equal to 5 percent of the area education 23 agency’s budget for media services and education services for 24 that budget year, and including funds that exceed the payment 25 for special education support services pursuant to section 26 257.35, in a manner to best maintain the level of required area 27 education agency special education support services. 28 Sec. 25. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 -10- HF 2459 (2) 86 tm/rn/md 10/ 10