Senate File 510 - Reprinted SENATE FILE 510 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1289) (As Amended and Passed by the Senate May 14, 2015 ) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for fees, providing for legal 2 responsibilities, providing for certain employee benefits, 3 and providing for regulatory, taxation, and properly related 4 matters, and including penalties and effective date and 5 retroactive and other applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 SF 510 (8) 86 tm/rn/jh
S.F. 510 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. BUDGET PROCESS FOR FISCAL YEAR 2016-2017 AND 3 FISCAL YEAR 2017-2018. 4 1. For the budget process applicable to the fiscal year 5 beginning July 1, 2016, on or before October 1, 2015, in lieu 6 of the information specified in section 8.23, subsection 1, 7 unnumbered paragraph 1, and paragraph “a”, all departments and 8 establishments of the government shall transmit to the director 9 of the department of management, on blanks to be furnished by 10 the director, estimates of their expenditure requirements, 11 including every proposed expenditure, for the ensuing fiscal 12 year, together with supporting data and explanations as called 13 for by the director of the department of management after 14 consultation with the legislative services agency. 15 2. The estimates of expenditure requirements shall be 16 in a form specified by the director of the department of 17 management, and the expenditure requirements shall include all 18 proposed expenditures and shall be prioritized by program or 19 the results to be achieved. The estimates shall be accompanied 20 by performance measures for evaluating the effectiveness of the 21 programs or results. 22 Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 23 2015-2016. Notwithstanding the standing appropriations 24 in the following designated sections for the fiscal year 25 beginning July 1, 2015, and ending June 30, 2016, the amounts 26 appropriated from the general fund of the state pursuant to 27 these sections for the following designated purposes shall not 28 exceed the following amounts: 29 1. For operational support grants and community cultural 30 grants under section 99F.11, subsection 3 , paragraph “d”, 31 subparagraph (1): 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 416,702 33 2. For payment for nonpublic school transportation under 34 section 285.2 : 35 -1- SF 510 (8) 86 tm/rn/jh 1/ 97
S.F. 510 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 1 If total approved claims for reimbursement for nonpublic 2 school pupil transportation exceed the amount appropriated in 3 accordance with this subsection, the department of education 4 shall prorate the amount of each approved claim. 5 3. For the enforcement of chapter 453D relating to tobacco 6 product manufacturers under section 453D.8 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,416 8 Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 9 2016-2017. Notwithstanding the standing appropriations 10 in the following designated sections for the fiscal year 11 beginning July 1, 2016, and ending June 30, 2017, the amounts 12 appropriated from the general fund of the state pursuant to 13 these sections for the following designated purposes shall not 14 exceed the following amounts: 15 1. For operational support grants and community cultural 16 grants under section 99F.11, subsection 3 , paragraph “d”, 17 subparagraph (1): 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 208,351 19 2. For payment for nonpublic school transportation under 20 section 285.2 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,560,931 22 If total approved claims for reimbursement for nonpublic 23 school pupil transportation exceed the amount appropriated in 24 accordance with this subsection, the department of education 25 shall prorate the amount of each approved claim. 26 3. For the enforcement of chapter 453D relating to tobacco 27 product manufacturers under section 453D.8 : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,208 29 Sec. 4. INSTRUCTIONAL SUPPORT STATE AID —— FY 2015-2016 30 —— FY 2016-2017. In lieu of the appropriation provided in 31 section 257.20, subsection 2 , the appropriation for the fiscal 32 years beginning July 1, 2015, and July 1, 2016, for paying 33 instructional support state aid under section 257.20 for such 34 fiscal years is zero. 35 -2- SF 510 (8) 86 tm/rn/jh 2/ 97
S.F. 510 Sec. 5. GENERAL ASSEMBLY. 1 1. The appropriations made pursuant to section 2.12 for the 2 expenses of the general assembly and legislative agencies for 3 the fiscal year beginning July 1, 2015, and ending June 30, 4 2016, are reduced by the following amount: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,223,452 6 2. The budgeted amounts for the general assembly and 7 legislative agencies for the fiscal year beginning July 1, 8 2015, may be adjusted to reflect the unexpended budgeted 9 amounts from the previous fiscal year. 10 DIVISION II 11 MISCELLANEOUS PROVISIONS AND APPROPRIATIONS 12 Sec. 6. SILOS AND SMOKESTACKS. There is appropriated from 13 the state bond repayment fund created in section 8.57F to the 14 department of agriculture and land stewardship for the fiscal 15 year beginning July 1, 2015, and ending June 30, 2016, the 16 following amount, or so much thereof as is necessary, to be 17 used for the purposes designated: 18 For support of the silos and smokestacks national heritage 19 area to provide continued agricultural-related education and 20 preservation: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 22 Sec. 7. DEPARTMENT OF CORRECTIONS —— APPROPRIATION. There 23 is appropriated from the general fund of the state to the 24 department of corrections for the fiscal year beginning July 25 1, 2014, and ending June 30, 2015, the following amount, or 26 so much thereof as is necessary, to be used for the purposes 27 designated: 28 For operations, including salaries, support, maintenance, 29 and miscellaneous purposes, including training and additional 30 costs associated with the new correctional facility located in 31 Fort Madison: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 33 Notwithstanding section 8.33, moneys appropriated in this 34 section that remain unencumbered or unobligated at the close of 35 -3- SF 510 (8) 86 tm/rn/jh 3/ 97
S.F. 510 the fiscal year shall not revert but shall remain available for 1 expenditure for the purposes designated until the close of the 2 succeeding fiscal year. 3 Sec. 8. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 4 from the general fund of the state to the department of public 5 health for the fiscal year beginning July 1, 2014, and ending 6 June 30, 2015, the following amount to be used for the purposes 7 designated: 8 For the public purpose of providing a grant on behalf of 9 substance-related disorder treatment providers in accordance 10 with this section: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,800,000 12 The appropriation made in this section shall be distributed 13 as a grant to an association representing the majority of 14 the nonprofit substance-related disorder treatment providers 15 licensed under section 125.13 by the department as of January 16 1, 2015, that receive federal prevention and treatment of 17 substance abuse block grant funding through the department. 18 The grant shall be used for bulk purchasing and to implement an 19 electronic health record system in the providers that receive 20 that federal grant. The electronic health record system 21 implemented with the grant shall comply with the electronic 22 health information provisions implemented pursuant to section 23 135.156 and with the mental health and disabilities services 24 system central data repository implemented pursuant to section 25 225C.6A and other data requirements under chapter 225C. Each 26 of the providers shall have the electronic health record system 27 fully operational on or before July 1, 2018. 28 Notwithstanding section 8.33, moneys appropriated in this 29 section that remain unencumbered or unobligated at the close 30 of the fiscal year for which appropriated shall not revert 31 but shall remain available for expenditure for the purposes 32 designated until the close of the succeeding fiscal year. 33 Sec. 9. HEART ATTACK TREATMENT —— APPROPRIATION. There 34 is appropriated from the general fund of the state to the 35 -4- SF 510 (8) 86 tm/rn/jh 4/ 97
S.F. 510 department of public health for the fiscal year beginning July 1 1, 2014, and ending June 30, 2015, the following amount, or 2 so much thereof as is necessary, to be used for the purposes 3 designated: 4 For a collaborative effort between the department of public 5 health, the Iowa emergency medical services association, the 6 American heart association, midwest affiliate, Iowa’s health 7 systems and hospitals, and emergency medical service providers, 8 to supplement funding received through a grant from the Leona 9 M. and Harry B. Helmsley charitable trust for a program to 10 enhance systems of care, save lives, and improve outcomes 11 for heart attack patients in rural Iowa called the mission: 12 lifeline program: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 14 Moneys appropriated under this section shall be used 15 to enhance the critical elements of an optimal ST-elevated 16 myocardial infarction (STEMI) system of care including the 17 provision of 12-lead electrocardiogram (EKG) machines, the 18 provision of a systemwide data tool for quality measurement 19 and improvement, ongoing medical provider training and STEMI 20 education, coordination of protocols for rural emergency 21 management systems and hospital personnel, the implementation 22 of regional plans for rapid transport and transfer of patients, 23 the implementation of a public education campaign on heart 24 attack signs and symptoms and the need to activate the 911 25 system, and the provision of assistance to hospitals and 26 emergency medical services providers in acquiring essential 27 electrocardiogram equipment and training. 28 Notwithstanding section 8.33, moneys appropriated in this 29 section that remain unencumbered or unobligated at the close 30 of the fiscal year for which appropriated shall not revert 31 but shall remain available for expenditure for the purposes 32 designated until the close of the fiscal year that begins July 33 1, 2017. 34 Sec. 10. DEBT COLLECTIONS. The judicial branch shall 35 -5- SF 510 (8) 86 tm/rn/jh 5/ 97
S.F. 510 evaluate and study current practice for the collection of court 1 debt. By January 1, 2016, the judicial branch shall file a 2 report with the general assembly regarding the findings of the 3 study. The report shall include any recommended changes that 4 would increase the efficiency of collection of court debt. 5 Sec. 11. IOWA NEW JOBS TRAINING AGREEMENTS. An Iowa 6 community college that entered into a new jobs training 7 agreement pursuant to chapter 260E, which was effective 8 in April 2012, with an Iowa employer may enter into a new 9 agreement with such employer pursuant to chapter 260E, 10 which will be effective September 2015, and may use the base 11 employment determined in April 2012 as the base employment 12 for determining the new jobs eligible under the new agreement 13 if the base employment determined in April 2012 was 2,125 14 employees. The new agreement under chapter 260E shall 15 be limited to seven years from the effective date of the 16 agreement. 17 Sec. 12. Section 8D.4, Code 2015, is amended to read as 18 follows: 19 8D.4 Executive director appointed. 20 The commission, in consultation with the director of 21 the department of administrative services and the chief 22 information officer, shall appoint an executive director of 23 the commission, subject to confirmation by the senate. Such 24 individual shall not serve as a member of the commission. 25 The executive director shall serve at the pleasure of the 26 commission. The executive director shall be selected primarily 27 for administrative ability and knowledge in the field, without 28 regard to political affiliation. The governor shall establish 29 the salary of the executive director within the applicable 30 salary range nine as established by the general assembly. The 31 salary and support of the executive director shall be paid from 32 funds deposited in the Iowa communications network fund. 33 Sec. 13. Section 43.45, subsection 3, as enacted by 2015 34 Iowa Acts, Senate File 415, section 1, is amended to read as 35 -6- SF 510 (8) 86 tm/rn/jh 6/ 97
S.F. 510 follows: 1 3. Notwithstanding any requirement to the contrary in 2 subsection 1 and subsection 2 , paragraph “c” , the commissioner 3 of a county using digital ballot counting technology may direct 4 the precinct election officials to tally and record write-in 5 votes at the precincts after the closing of the polls or may 6 direct the precinct election officials to sort the ballots by 7 print the write-in report containing digital images of write-in 8 votes for delivery to the special precinct board to tally and 9 record the write-in votes on any day following election day and 10 prior to the canvass by the board of supervisors under section 11 43.49 . For the purposes of this subsection “digital ballot 12 counting technology” is technology in which digital images of 13 write-in votes are printed by the precinct election officials 14 at the polling place after the close of voting. 15 Sec. 14. NEW SECTION . 91A.5B Treatment of adoptive parent 16 employees. 17 1. For purposes of this section, “adoption” means the 18 permanent placement in this state of a child by the department 19 of human services, by a licensed agency under chapter 238, by 20 an agency that meets the provisions of the interstate compact 21 in section 232.158, or by a person making an independent 22 placement according to the provisions of chapter 600. 23 2. An employer shall treat an employee who chooses to 24 adopt in the same manner as an employee who is the biological 25 parent of a newborn child for purposes of employment policies, 26 benefits, and protections for the first year of the adoption. 27 Sec. 15. Section 97A.6, subsection 11, Code 2015, is amended 28 by striking the subsection. 29 Sec. 16. Section 123.132, subsection 3, as enacted by 2015 30 Iowa Acts, Senate File 456, section 1, is amended to read as 31 follows: 32 3. A container of beer other than the original container 33 that is sold and sealed in compliance with the requirements of 34 subsection 2 and the division’s rules shall not be deemed an 35 -7- SF 510 (8) 86 tm/rn/jh 7/ 97
S.F. 510 open container subject to the requirements of sections 321.284 1 and 321.284A if the sealed container is unopened and the seal 2 has not been tampered with , and the contents of the container 3 have not been partially removed . 4 Sec. 17. Section 136C.3, subsection 10, Code 2015, is 5 amended to read as follows: 6 10. a. Adopt rules specifying the minimum training and 7 performance standards for an individual using a radiation 8 machine for mammography, and other rules necessary to 9 implement section 136C.15 . The rules shall complement federal 10 requirements applicable to similar radiation machinery and 11 shall not be less stringent than those federal requirements. 12 b. (1) Adopt rules to require that, by January 1, 2016, 13 a facility at which mammography services are performed shall 14 include information on breast density in mammogram reports sent 15 to patients pursuant to regulations implementing the federal 16 Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, 17 as amended. If a patient is categorized by an interpreting 18 physician at the facility as having heterogeneously dense 19 breasts or extremely dense breasts based on standards as 20 defined in nationally recognized guidelines or systems for 21 breast imaging reporting of mammography screening, including 22 the breast imaging reporting and data system of the American 23 college of radiology, the report to the patient shall include 24 notice that the patient has dense breast tissue, that this may 25 make it more difficult to detect cancer on a mammogram, and 26 that it may increase the patient’s risk of breast cancer. The 27 notice may contain the following language: 28 State law requires the following notification: 29 Your mammogram indicates that you have dense breast tissue. 30 Dense breast tissue may make it more difficult to evaluate the 31 results of your mammogram and may also be associated with an 32 increased risk of breast cancer. You are encouraged to consult 33 with your primary health care provider regarding the results of 34 your mammogram. Together you can best decide which additional 35 -8- SF 510 (8) 86 tm/rn/jh 8/ 97
S.F. 510 screening options may be right for you based on your mammogram 1 results, individual risk factors, or physical examination. 2 (2) Nothing in this paragraph “b” shall be construed to 3 modify the existing liability of a facility where mammography 4 services are performed beyond the duty to provide the 5 information set forth in this paragraph “b” . 6 (3) Nothing in this paragraph “b” shall be deemed to require 7 a notice or the provision of information that is inconsistent 8 with the provisions of the federal Mammography Quality 9 Standards Act of 1992, Pub. L. No. 102-539, as amended, or any 10 regulations promulgated pursuant to that Act. 11 Sec. 18. Section 155A.27, Code 2015, is amended to read as 12 follows: 13 155A.27 Requirements for prescription. 14 To be valid, each prescription drug order issued 15 or dispensed in this state must be based on a valid 16 patient-practitioner relationship, and shall comply with all 17 of the following : 18 1. If written , electronic, or facsimile, shall contain: 19 a. The date of issue. 20 b. The name and address of the patient for whom, or the 21 owner of the animal for which, the drug is dispensed. 22 c. The name, strength, and quantity of the drug, medicine, 23 or device prescribed. 24 d. The directions for use of the drug, medicine, or device 25 prescribed. 26 e. The name, address, and written or electronic signature of 27 the practitioner issuing the prescription. 28 f. The federal drug enforcement administration number, if 29 required under chapter 124 . 30 2. If electronic , the practitioner issuing the prescription 31 shall furnish the same information required for a written 32 prescription under subsection 1, except for the written or 33 electronic signature of the practitioner unless otherwise 34 required by federal law or chapter 124, and shall : 35 -9- SF 510 (8) 86 tm/rn/jh 9/ 97
S.F. 510 a. The practitioner shall ensure Ensure that the electronic 1 system used to transmit the electronic prescription has 2 adequate security and system safeguards designed to prevent and 3 detect unauthorized access, modification, or manipulation of 4 the prescription. 5 b. The practitioner shall provide Provide verbal 6 verification of the electronic prescription upon the request of 7 the pharmacy. 8 3. a. If facsimile, in addition to the requirements of 9 subsection 1 , shall contain all of the following: 10 (1) The identification number of the facsimile machine 11 which is used to transmit the prescription. 12 (2) The time and date of transmission of the prescription. 13 (3) The name, address, telephone number, and facsimile 14 number of the pharmacy to which the prescription is being 15 transmitted. 16 b. A practitioner shall provide verbal verification of the 17 facsimile prescription upon the request of the pharmacy. 18 4. If oral, the practitioner issuing the prescription 19 shall furnish the same information required for a written 20 prescription under subsection 1 , except for the written 21 signature and address of the practitioner. Upon receipt of 22 an oral prescription, the pharmacist shall promptly reduce 23 the oral prescription to a written format by recording the 24 information required in a written prescription. 25 Sec. 19. Section 249M.5, Code 2015, is amended to read as 26 follows: 27 249M.5 Future repeal. 28 This chapter is repealed June 30, 2016 December 31, 2015 . 29 Sec. 20. Section 256.9, Code 2015, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 66. Dedicate at least one-half of one of 32 the department’s authorized full-time equivalent positions 33 to maintain a fine arts consultant to provide guidance 34 and assistance, including but not limited to professional 35 -10- SF 510 (8) 86 tm/rn/jh 10/ 97
S.F. 510 development, strategies, and materials, to the department, 1 school districts, and accredited nonpublic schools relating 2 to music, visual art, drama and theater, and other fine and 3 applied arts programs and coursework. 4 Sec. 21. Section 261.110, subsection 3, Code 2015, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . c. The applicant met all of the eligibility 7 requirements of this section on or after January 1, 2013. A 8 person who met the program eligibility requirements of this 9 section prior to January 1, 2013, is ineligible for this 10 program. 11 Sec. 22. Section 418.9, subsection 8, Code 2015, is amended 12 to read as follows: 13 8. If, following approval of a project application under the 14 program, it is determined that the amount of federal financial 15 assistance exceeds the amount of federal financial assistance 16 specified in the application, the board shall reduce the award 17 of financial assistance from the flood mitigation fund or 18 reduce the amount of sales tax revenue to be received for the 19 project by a corresponding amount. However, a reduction in 20 the amount of sales tax revenue to be received for the project 21 shall not be reduced if the additional federal financial 22 assistance does not reduce the need for sales tax revenue due 23 to an increase in project costs incurred following the approval 24 of the project application under the program. 25 Sec. 23. Section 418.15, subsection 1, Code 2015, is amended 26 to read as follows: 27 1. A governmental entity shall not receive remittances of 28 sales tax revenue under this chapter after twenty years from 29 the date the governmental entity’s project was approved by the 30 board unless the remittance amount is calculated under section 31 418.11 based on sales subject to the tax under section 432.2 32 occurring before the expiration of the twenty-year period . 33 Sec. 24. Section 441.37A, subsection 1, paragraph a, Code 34 2015, is amended to read as follows: 35 -11- SF 510 (8) 86 tm/rn/jh 11/ 97
S.F. 510 a. For the assessment year beginning January 1, 2007, and 1 all subsequent assessment years beginning before January 1, 2 2018 2021 , appeals may be taken from the action of the board of 3 review with reference to protests of assessment, valuation, or 4 application of an equalization order to the property assessment 5 appeal board created in section 421.1A . However, a property 6 owner or aggrieved taxpayer or an appellant described in 7 section 441.42 may bypass the property assessment appeal board 8 and appeal the decision of the local board of review to the 9 district court pursuant to section 441.38 . 10 Sec. 25. Section 505.19, Code 2015, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4A. Notwithstanding subsection 1, a health 13 insurance carrier licensed to do business in this state that 14 participates in the health benefits exchange used in this state 15 and created pursuant to the federal Patient Protection and 16 Affordable Care Act, Pub. L. No. 111-148, as amended by the 17 federal Health Care and Education Reconciliation Act of 2010, 18 Pub. L. No. 111-152, shall not be subject to the requirements 19 of this section for health plans issued by the health insurance 20 carrier that are filed and purchased within the exchange or the 21 matching health plans issued by the health insurance carrier 22 that are purchased outside of the exchange. However, such 23 a health insurance carrier shall inform policyholders who 24 purchase such health plans of their total premium due and 25 any rate increases to their premium for each upcoming policy 26 year. Such notice shall be provided thirty days prior to 27 the beginning of open enrollment for the health plans and 28 shall provide policyholders with information about how the 29 policyholder can contact the insurance division to submit a 30 comment about a proposed rate increase. A health insurance 31 carrier subject to this subsection shall be subject to all 32 other applicable state and federal laws. 33 Sec. 26. Section 602.1304, subsection 2, paragraph a, Code 34 2015, is amended to read as follows: 35 -12- SF 510 (8) 86 tm/rn/jh 12/ 97
S.F. 510 a. The enhanced court collections fund is created in the 1 state treasury under the authority of the supreme court. The 2 fund shall be separate from the general fund of the state and 3 the balance in the fund shall not be considered part of the 4 balance of the general fund of the state. Notwithstanding 5 section 8.33 , moneys in the fund shall not revert to the 6 general fund, unless and to the extent the total amount 7 of moneys deposited into the fund in a fiscal year would 8 exceed the maximum annual deposit amount established for 9 the collections fund by the general assembly. The initial 10 maximum annual deposit amount for a fiscal year is four million 11 dollars. Notwithstanding section 12C.7, subsection 2 , interest 12 or earnings on moneys in the collections fund shall remain in 13 the collections fund and any interest and earnings shall be in 14 addition to the maximum annual deposit amount. The maximum 15 annual deposit amount shall be the following amounts for the 16 following fiscal years: 17 (1) For the fiscal year beginning July 1, 2015, seven 18 million dollars. 19 (2) For the fiscal year beginning July 1, 2016, seven 20 million dollars. 21 (3) For the fiscal year beginning July 1, 2017, seven 22 million dollars. 23 (4) For the fiscal year beginning July 1, 2018, five million 24 dollars. 25 (5) For the fiscal year beginning July 1, 2019, and each 26 fiscal year thereafter, four million five hundred thousand 27 dollars. 28 Sec. 27. Section 633.535, Code 2015, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 4. a. A named beneficiary of a bond, 31 life insurance policy, or any other contractual arrangement 32 convicted of a felony referenced in paragraph “d” that was 33 perpetrated against the principal obligee or person upon 34 whose life the policy is issued or whose death generates the 35 -13- SF 510 (8) 86 tm/rn/jh 13/ 97
S.F. 510 benefits under any other contractual arrangement, in the six 1 months immediately prior to the obligee’s or person’s death, is 2 not entitled to any benefit under the bond, policy, or other 3 contractual arrangement. 4 b. The procedure set out in section 633.536 applies and 5 the benefits become payable as though the convicted obligee or 6 person had predeceased the decedent. 7 c. However, a principal obligee or person upon whose life 8 the policy is issued or whose death generates the benefits 9 under any other contractual arrangement, in the six months 10 immediately prior to the obligee’s or person’s death, may 11 affirm by a signed, notarized affidavit that the beneficiary 12 should receive any benefit under the bond, policy, or other 13 contractual arrangement despite a felony conviction referenced 14 in this subsection. 15 d. This subsection applies to a conviction for any of the 16 following felonies: 17 (1) Any felony contained in chapter 707. 18 (2) Any felony contained in chapter 708. 19 (3) Any felony contained in chapter 709. 20 (4) Any felony contained in chapter 710. 21 Sec. 28. Section 708.2A, subsection 1, Code 2015, is amended 22 to read as follows: 23 1. For the purposes of this chapter , “domestic abuse 24 assault” means an assault, as defined in section 708.1 , which 25 is domestic abuse as defined in section 236.2, subsection 2 , 26 paragraph “a” , “b” , “c” , or “d” , or “e” . 27 Sec. 29. NEW SECTION . 708.11A Unauthorized placement of 28 global positioning device. 29 1. A person commits unauthorized placement of a global 30 positioning device, when, with intent to intimidate, annoy, or 31 alarm another person, the person, without the consent of the 32 other person, places a global positioning device on the other 33 person or an object in order to track the movements of the 34 other person without a legitimate purpose. 35 -14- SF 510 (8) 86 tm/rn/jh 14/ 97
S.F. 510 2. A person who commits a violation of this section commits 1 a serious misdemeanor. 2 Sec. 30. Section 715A.9A, subsection 1, paragraph a, Code 3 2015, is amended to read as follows: 4 a. Is a victim of identity theft in this state as described 5 in section 715A.8 or resides in this state at the time the 6 person is a victim of identity theft . 7 Sec. 31. EFFECTIVE UPON ENACTMENT. The following provision 8 or provisions of this division of this Act, being deemed of 9 immediate importance, take effect upon enactment: 10 1. The section of this division of this Act appropriating 11 moneys to the department of corrections for the fiscal 12 year beginning July 1, 2014, and ending June 30, 2015, for 13 operations including training and additional costs associated 14 with the new correctional facility located in Fort Madison. 15 2. The section of this division of this Act appropriating 16 moneys to the department of public health for the fiscal year 17 beginning July 1, 2014, and ending June 30, 2015, for purposes 18 of providing a grant on behalf of substance-related disorder 19 treatment providers. 20 3. The section of this division of this Act appropriating 21 moneys to the department of public health for the fiscal year 22 beginning July 1, 2014, and ending June 30, 2015, for purposes 23 of providing a collaborative effort between certain entities 24 for heart attack patients. 25 DIVISION III 26 SALARIES, COMPENSATION, AND RELATED MATTERS 27 Sec. 32. SPECIAL FUNDS. For the fiscal year beginning 28 July 1, 2015, and ending June 30, 2016, and for the fiscal 29 year beginning July 1, 2016, and ending June 30, 2017, salary 30 adjustments may be funded using departmental revolving, trust, 31 or special funds for which the general assembly has established 32 an operating budget, provided doing so does not exceed the 33 operating budget established by the general assembly. 34 Sec. 33. SALARY MODEL ADMINISTRATOR. The salary model 35 -15- SF 510 (8) 86 tm/rn/jh 15/ 97
S.F. 510 administrator shall work in conjunction with the legislative 1 services agency to maintain the state’s salary model used for 2 analyzing, comparing, and projecting state employee salary 3 and benefit information, including information relating to 4 employees of the state board of regents. The department of 5 revenue, the department of administrative services, the five 6 institutions under the jurisdiction of the state board of 7 regents, the judicial district departments of correctional 8 services, and the state department of transportation shall 9 provide salary data to the department of management and the 10 legislative services agency to operate the state’s salary 11 model. The format and frequency of provision of the salary 12 data shall be determined by the department of management and 13 the legislative services agency. The information shall be 14 used in collective bargaining processes under chapter 20 and 15 in calculating the funding needs contained within the annual 16 salary adjustment legislation. A state employee organization 17 as defined in section 20.3, subsection 4, may request 18 information produced by the model, but the information provided 19 shall not contain information attributable to individual 20 employees. 21 DIVISION IV 22 CORRECTIVE PROVISIONS 23 Sec. 34. Section 123.122, Code 2015, as amended by 2015 24 Iowa Acts, House File 536, section 48, is amended to read as 25 follows: 26 123.122 Permit or license required. 27 A person shall not manufacture for sale or sell beer at 28 wholesale or retail unless a permit is first obtained as 29 provided in this subchapter or, a liquor control license 30 authorizing the retail sale of beer is first obtained as 31 provided in division subchapter I of this chapter . A liquor 32 control license holder is not required to hold a separate class 33 “B” beer permit. 34 Sec. 35. Section 227.10, Code 2015, as amended by 2015 35 -16- SF 510 (8) 86 tm/rn/jh 16/ 97
S.F. 510 Iowa Acts, Senate File 463, section 53, is amended to read as 1 follows: 2 227.10 Transfers from county or private institutions. 3 Patients who have been admitted at public expense to 4 any institution to which this chapter is applicable may be 5 involuntarily transferred to the proper state hospital for 6 persons with mental illness in the manner prescribed by 7 sections 229.6 to 229.13 . The application required by section 8 229.6 may be filed by the administrator of the division or 9 the administrator’s designee, or by the administrator of the 10 institution where the patient is then being maintained or 11 treated. If the patient was admitted to that institution 12 involuntarily, the administrator of the division may arrange 13 and complete the transfer, and shall report it as required of a 14 chief medical officer under section 229.15, subsection 5 . The 15 transfer shall be made at the mental health and disabilities 16 disability services region’s expense, and the expense 17 recovered, as provided in section 227.7 . However, transfer 18 under this section of a patient whose expenses are payable 19 in whole or in part by a the mental health and disabilities 20 disability services region is subject to an authorization 21 for the transfer through the regional administrator for the 22 patient’s county of residence. 23 Sec. 36. Section 227.14, Code 2015, as amended by 2015 24 Iowa Acts, Senate File 463, section 56, is amended to read as 25 follows: 26 227.14 Caring for persons with mental illness from other 27 counties. 28 The regional administrator for a county that does not have 29 proper facilities for caring for persons with mental illness 30 may, with the consent of the administrator of the division, 31 provide for such care at the expense of the mental health and 32 disabilities disability services region in any convenient and 33 proper county or private institution for persons with mental 34 illness which is willing to receive the persons. 35 -17- SF 510 (8) 86 tm/rn/jh 17/ 97
S.F. 510 Sec. 37. Section 229.1B, Code 2015, as amended by 2015 1 Iowa Acts, Senate File 463, section 59, is amended to read as 2 follows: 3 229.1B Regional administrator. 4 Notwithstanding any provision of this chapter to the 5 contrary, any person whose hospitalization expenses 6 are payable in whole or in part by a mental health and 7 disabilities disability services region shall be subject to all 8 administrative requirements of the regional administrator for 9 the county. 10 Sec. 38. Section 229.2, subsection 1, paragraph b, 11 subparagraph (3), Code 2015, as amended by 2015 Iowa Acts, 12 Senate File 463, section 60, is amended to read as follows: 13 (3) As soon as is practicable after the filing of a 14 petition for juvenile court approval of the admission of the 15 minor, the juvenile court shall determine whether the minor 16 has an attorney to represent the minor in the hospitalization 17 proceeding, and if not, the court shall assign to the minor 18 an attorney. If the minor is financially unable to pay for 19 an attorney, the attorney shall be compensated by the mental 20 health and disabilities disability services region at an hourly 21 rate to be established by the regional administrator for the 22 county in which the proceeding is held in substantially the 23 same manner as provided in section 815.7 . 24 Sec. 39. Section 229.8, subsection 1, Code 2015, as amended 25 by 2015 Iowa Acts, Senate File 463, section 61, is amended to 26 read as follows: 27 1. Determine whether the respondent has an attorney 28 who is able and willing to represent the respondent in the 29 hospitalization proceeding, and if not, whether the respondent 30 is financially able to employ an attorney and capable of 31 meaningfully assisting in selecting one. In accordance with 32 those determinations, the court shall if necessary allow the 33 respondent to select, or shall assign to the respondent, an 34 attorney. If the respondent is financially unable to pay an 35 -18- SF 510 (8) 86 tm/rn/jh 18/ 97
S.F. 510 attorney, the attorney shall be compensated by the mental 1 health and disabilities disability services region at an hourly 2 rate to be established by the regional administrator for the 3 county in which the proceeding is held in substantially the 4 same manner as provided in section 815.7 . 5 Sec. 40. Section 229.10, subsection 1, paragraph a, Code 6 2015, as amended by 2015 Iowa Acts, Senate File 463, section 7 62, is amended to read as follows: 8 a. An examination of the respondent shall be conducted by 9 one or more licensed physicians, as required by the court’s 10 order, within a reasonable time. If the respondent is detained 11 pursuant to section 229.11, subsection 1 , paragraph “b” , 12 the examination shall be conducted within twenty-four hours. 13 If the respondent is detained pursuant to section 229.11, 14 subsection 1 , paragraph “a” or “c” , the examination shall 15 be conducted within forty-eight hours. If the respondent 16 so desires, the respondent shall be entitled to a separate 17 examination by a licensed physician of the respondent’s own 18 choice. The reasonable cost of the examinations shall, if the 19 respondent lacks sufficient funds to pay the cost, be paid by 20 the regional administrator from mental health and disabilities 21 disability services region funds upon order of the court. 22 Sec. 41. Section 229.11, subsection 1, unnumbered paragraph 23 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, 24 section 63, is amended to read as follows: 25 If the applicant requests that the respondent be taken into 26 immediate custody and the judge, upon reviewing the application 27 and accompanying documentation, finds probable cause to believe 28 that the respondent has a serious mental impairment and is 29 likely to injure the respondent or other persons if allowed 30 to remain at liberty, the judge may enter a written order 31 directing that the respondent be taken into immediate custody 32 by the sheriff or the sheriff’s deputy and be detained until 33 the hospitalization hearing. The hospitalization hearing shall 34 be held no more than five days after the date of the order, 35 -19- SF 510 (8) 86 tm/rn/jh 19/ 97
S.F. 510 except that if the fifth day after the date of the order is 1 a Saturday, Sunday, or a holiday, the hearing may be held 2 on the next succeeding business day. If the expenses of a 3 respondent are payable in whole or in part by a mental health 4 and disabilities disability services region, for a placement in 5 accordance with paragraph “a” , the judge shall give notice of 6 the placement to the regional administrator for the county in 7 which the court is located, and for a placement in accordance 8 with paragraph “b” or “c” , the judge shall order the placement 9 in a hospital or facility designated through the regional 10 administrator. The judge may order the respondent detained for 11 the period of time until the hearing is held, and no longer, 12 in accordance with paragraph “a” , if possible, and if not then 13 in accordance with paragraph “b” , or, only if neither of these 14 alternatives is available, in accordance with paragraph “c” . 15 Detention may be: 16 Sec. 42. Section 229.13, subsection 1, paragraph a, Code 17 2015, as amended by 2015 Iowa Acts, Senate File 463, section 18 64, is amended to read as follows: 19 a. The court shall order a respondent whose expenses 20 are payable in whole or in part by a mental health and 21 disabilities disability services region placed under the care 22 of an appropriate hospital or facility designated through the 23 county’s regional administrator on an inpatient or outpatient 24 basis. 25 Sec. 43. Section 229.14, subsection 2, paragraph a, Code 26 2015, as amended by 2015 Iowa Acts, Senate File 463, section 27 65, is amended to read as follows: 28 a. For a respondent whose expenses are payable in whole 29 or in part by a mental health and disabilities disability 30 services region, placement as designated through the county’s 31 regional administrator in the care of an appropriate hospital 32 or facility on an inpatient or outpatient basis, or other 33 appropriate treatment, or in an appropriate alternative 34 placement. 35 -20- SF 510 (8) 86 tm/rn/jh 20/ 97
S.F. 510 Sec. 44. Section 229.14A, subsection 7, Code 2015, as 1 amended by 2015 Iowa Acts, Senate File 463, section 66, is 2 amended to read as follows: 3 7. If a respondent’s expenses are payable in whole or in 4 part by a mental health and disabilities disability services 5 region through the county’s regional administrator, notice of 6 a placement hearing shall be provided to the county attorney 7 and the regional administrator. At the hearing, the county may 8 present evidence regarding appropriate placement. 9 Sec. 45. Section 229.42, subsection 1, Code 2015, as amended 10 by 2015 Iowa Acts, Senate File 463, section 68, is amended to 11 read as follows: 12 1. If a person wishing to make application for voluntary 13 admission to a mental hospital established by chapter 226 is 14 unable to pay the costs of hospitalization or those responsible 15 for the person are unable to pay the costs, application for 16 authorization of voluntary admission must be made through a 17 regional administrator before application for admission is 18 made to the hospital. The person’s county of residence shall 19 be determined through the regional administrator and if the 20 admission is approved through the regional administrator, 21 the person’s admission to a mental health hospital shall be 22 authorized as a voluntary case. The authorization shall be 23 issued on forms provided by the department of human services’ 24 administrator. The costs of the hospitalization shall be paid 25 by the county of residence through the regional administrator 26 to the department of human services and credited to the general 27 fund of the state, provided that the mental health hospital 28 rendering the services has certified to the county auditor 29 of the county of residence and the regional administrator 30 the amount chargeable to the mental health and disabilities 31 disability services region and has sent a duplicate statement 32 of the charges to the department of human services. A mental 33 health and disabilities disability services region shall not be 34 billed for the cost of a patient unless the patient’s admission 35 -21- SF 510 (8) 86 tm/rn/jh 21/ 97
S.F. 510 is authorized through the regional administrator. The mental 1 health institute and the regional administrator shall work 2 together to locate appropriate alternative placements and 3 services, and to educate patients and family members of 4 patients regarding such alternatives. 5 Sec. 46. Section 230.1, subsection 3, Code 2015, as amended 6 by 2015 Iowa Acts, Senate File 463, section 69, is amended to 7 read as follows: 8 3. A mental health and disabilities disability services 9 region or county of residence is not liable for costs and 10 expenses associated with a person with mental illness unless 11 the costs and expenses are for services and other support 12 authorized for the person through the county’s regional 13 administrator. For the purposes of this chapter , “regional 14 administrator” means the same as defined in section 331.388 . 15 Sec. 47. Section 230.20, subsection 2, paragraph b, Code 16 2015, as amended by 2015 Iowa Acts, Senate File 463, section 17 71, is amended to read as follows: 18 b. The per diem costs billed to each mental health and 19 disabilities disability services region shall not exceed 20 the per diem costs billed to the county in the fiscal year 21 beginning July 1, 1996. However, the per diem costs billed to 22 a mental health and disabilities disability services region 23 may be adjusted annually to reflect increased costs, to the 24 extent of the percentage increase in the statewide per capita 25 expenditure target amount, if any per capita growth amount 26 is authorized by the general assembly for the fiscal year in 27 accordance with section 426B.3 . 28 Sec. 48. Section 279.10, subsection 1, Code 2015, as amended 29 by 2015 Iowa Acts, Senate File 227, section 2, is amended to 30 read as follows: 31 1. The school year for each school district and accredited 32 nonpublic school shall begin on July 1 and the school calendar 33 shall begin no sooner than August 23 and no later than the 34 first Monday in December. The school calendar shall include 35 -22- SF 510 (8) 86 tm/rn/jh 22/ 97
S.F. 510 not less than one hundred eighty days , except as provided in 1 subsection 3 , or one thousand eighty hours of instruction 2 during the calendar year. The board of directors of a school 3 district and the authorities in charge of an accredited 4 nonpublic school shall determine the school start date for 5 the school calendar in accordance with this subsection and 6 shall set the number of days or hours of required attendance 7 for the school year as provided in section 299.1, subsection 8 2 , but the board of directors of a school district shall 9 hold a public hearing on any proposed school calendar prior 10 to adopting the school calendar. If the board of directors 11 of a district or the authorities in charge of an accredited 12 nonpublic school extends the school calendar because inclement 13 weather caused the school district or accredited nonpublic 14 school to temporarily close during the regular school calendar, 15 the school district or accredited nonpublic school may excuse a 16 graduating senior who has met district or school requirements 17 for graduation from attendance during the extended school 18 calendar. A school corporation may begin employment of 19 personnel for in-service training and development purposes 20 before the date to begin elementary and secondary school. 21 Sec. 49. Section 426B.5, subsection 2, paragraph c, Code 22 2015, as amended by 2015 Iowa Acts, Senate File 463, section 23 78, is amended to read as follows: 24 c. A risk pool board is created. The board shall consist of 25 two county supervisors, two county auditors, a member of the 26 mental health and disability services commission who is not a 27 member of a county board of supervisors, a member of the county 28 finance committee created in chapter 333A who is not an elected 29 official, a representative of a provider of mental health or 30 developmental disabilities services selected from nominees 31 submitted by the Iowa association of community providers, and 32 two staff members of regional administrators of county mental 33 health and disability services regions , all appointed by the 34 governor, and one member appointed by the director of human 35 -23- SF 510 (8) 86 tm/rn/jh 23/ 97
S.F. 510 services. All members appointed by the governor shall be 1 subject to confirmation by the senate. Members shall serve for 2 three-year terms. A vacancy shall be filled in the same manner 3 as the original appointment. Expenses and other costs of the 4 risk pool board members representing counties shall be paid by 5 the county of origin. Expenses and other costs of risk pool 6 board members who do not represent counties shall be paid from 7 a source determined by the governor. Staff assistance to the 8 board shall be provided by the department of human services and 9 counties. Actuarial expenses and other direct administrative 10 costs shall be charged to the pool. 11 Sec. 50. Section 459A.302, subsection 1, paragraph a, 12 unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa 13 Acts, House File 583, section 33, if enacted, is amended to 14 read as follows: 15 Prior to constructing a settled open feedlot effluent basin 16 or an animal truck wash effluent structure, the site for the 17 basin or structure shall be investigated for a drainage tile 18 line by the owner of the open feedlot operation or animal truck 19 wash facility. The investigation shall be made by digging a 20 core trench to a depth of at least six feet deep from ground 21 level at the projected center of the berm of the basin or 22 structure. If a drainage tile line is discovered, one of the 23 following solutions shall be implemented: 24 Sec. 51. Section 459A.302, subsection 2, paragraph a, Code 25 2015, as amended by 2015 Iowa Acts, House File 583, section 34, 26 if enacted, is amended to read as follows: 27 a. The settled open feedlot effluent basin or an animal 28 truck wash effluent structure shall be constructed with a 29 minimum separation of two feet between the top of the liner of 30 the basin or structure and the seasonal high-water table. 31 Sec. 52. Section 459A.404, subsection 3, paragraphs b and c, 32 if enacted by 2015 Iowa Acts, House File 583, section 41, are 33 amended to read as follows: 34 b. For purposes of section 459.310, subsection 4, the 35 -24- SF 510 (8) 86 tm/rn/jh 24/ 97
S.F. 510 provisions relating to an unformed manure storage structure 1 shall apply to an unformed animal truck wash effluent structure 2 and the provisions relating to a formed manure storage 3 structure shall apply to a formed animal truck wash effluent 4 structure. However, the 5 c. Notwithstanding section 459.310, subsection 4, a 6 requirement in section 459.310, subsection 4, paragraph “a” , 7 relating to animal weight capacity or animal unit capacity 8 shall not apply to the replacement of an unformed animal 9 truck wash effluent structure with a formed animal truck wash 10 effluent structure . In addition, the capacity of a replacement 11 animal truck wash effluent structure shall not exceed the 12 amount required to store animal truck wash effluent for any 13 eighteen-month period. 14 Sec. 53. Section 459A.411, Code 2015, as amended by 2015 15 Iowa Acts, House File 583, section 43, if enacted, is amended 16 to read as follows: 17 459A.411 Discontinuance of operations. 18 The owner of an open feedlot operation or animal truck 19 wash facility who discontinues its operation shall remove all 20 effluent from related open feedlot operation structures or 21 animal truck wash effluent structures used to store effluent, 22 as soon as practical but not later than six months following 23 the date the operations of the open feedlot operation or animal 24 truck wash facility is are discontinued. 25 Sec. 54. Section 476.53, subsection 3, paragraph a, 26 subparagraph (1), Code 2015, as amended by 2015 Iowa Acts, 27 House File 535, section 61, is amended to read as follows: 28 (1) (a) Files an application pursuant to section 476A.3 to 29 construct in Iowa a baseload electric power generating facility 30 with a nameplate generating capacity equal to or greater 31 than three hundred megawatts or a combined-cycle electric 32 power generating facility, or an alternate energy production 33 facility as defined in section 476.42 , or to significantly 34 alter an existing generating facility. For purposes of 35 -25- SF 510 (8) 86 tm/rn/jh 25/ 97
S.F. 510 this subparagraph, a significant alteration of an existing 1 generating facility must, in order to qualify for establishment 2 of ratemaking principles, fall into one of the following 3 categories: 4 (i) Conversion of a coal fueled facility into a gas fueled 5 facility. 6 (ii) Addition of carbon capture and storage facilities at 7 a coal fueled facility. 8 (iii) Addition of gas fueled capability to a coal fueled 9 facility, in order to convert the facility to one that will 10 rely primarily on gas for future generation. 11 (iv) Addition of a biomass fueled capability to a coal 12 fueled facility. 13 (b) With respect to a significant alteration of an existing 14 generating facility, an original facility shall not be required 15 to be either a baseload or a combined-cycle facility. Only 16 the incremental investment undertaken by a utility under 17 subparagraph division (a), subparagraph subdivision (i), (ii), 18 (iii), or (iv) shall be eligible to apply the ratemaking 19 principles established by the order issued pursuant to 20 paragraph “e” . Facilities for which advanced ratemaking 21 principles are obtained pursuant to this section shall not 22 be subject to a subsequent board review pursuant to section 23 476.6, subsection 20 , to the extent that the investment has 24 been considered by the board under this section . To the 25 extent an eligible utility has been authorized to make capital 26 investments subject to section 476.6, subsection 20 , such 27 investments shall not be eligible for ratemaking principles 28 pursuant to this section . 29 Sec. 55. Section 602.3205, subsection 3, paragraph b, if 30 enacted by 2015 Iowa Acts, Senate File 404, section 5, is 31 amended to read as follows: 32 b. The audio recordings provided in to the board pursuant to 33 this subsection shall be kept confidential by the board in a 34 manner as provided in section 272C.6, subsection 4. 35 -26- SF 510 (8) 86 tm/rn/jh 26/ 97
S.F. 510 Sec. 56. Section 602.11113, Code 2015, as amended by 2015 1 Iowa Acts, House File 536, section 177, is amended to read as 2 follows: 3 602.11113 Bailiffs employed as court attendants. 4 Persons who were employed as bailiffs and who were 5 performing services for the court, other than law enforcement 6 services, immediately prior to July 1, 1983, shall be employed 7 by the district court administrators as court attendants under 8 section 602.6601 on July 1, 1983. 9 Sec. 57. Section 714.23, subsection 4A, paragraph a, if 10 enacted by 2015 Iowa Acts, Senate File 501, section 2, or 2015 11 Iowa Acts, House File 663, section 2, is amended to read as 12 follows: 13 a. A student who does not receive a tuition refund up 14 to the full refund of tuition charges due to the effect of 15 an interstate reciprocity agreement under section 261G.4, 16 subsection 1, may apply to the attorney general for a refund 17 in a sum that represents the difference between any tuition 18 refund received from the school and the full refund of tuition 19 charges. For purposes of this subsection, “full refund of 20 tuition charges” means the monetary sum of the refund for which 21 the student would be eligible pursuant to the application of 22 this section. 23 Sec. 58. Section 902.1, subsection 2, paragraph a, 24 unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate 25 File 448, section 1, is amended to read as follows: 26 Notwithstanding subsection 1 , a defendant convicted of 27 murder in the first degree in violation of section 707.2 , and 28 who was under the age of eighteen at the time the offense was 29 committed shall receive one of the following sentences: 30 Sec. 59. Section 916.1, subsection 1, as enacted by 2015 31 Iowa Acts, House File 496, section 1, is amended to read as 32 follows: 33 1. “Confidential communication” means confidential 34 information shared between a victim and a military victim 35 -27- SF 510 (8) 86 tm/rn/jh 27/ 97
S.F. 510 advocate within the advocacy relationship, and includes all 1 information received by the advocate and any advice, report, 2 or working paper given to or prepared by the advocate in 3 the course of the advocacy relationship with the victim. 4 “Confidential information” is confidential information which, so 5 far as the victim is aware, is not disclosed to a third party 6 with the exception of a person present in the consultation for 7 the purpose of furthering the interest of the victim, a person 8 to whom disclosure is reasonably necessary for the transmission 9 of the information, or a person with whom disclosure is 10 necessary for accomplishment of the purpose for which the 11 advocate is consulted by the victim. 12 Sec. 60. APPLICABILITY. The section of this division 13 of this Act amending section 279.10, subsection 1, applies 14 retroactively to April 10, 2015. 15 Sec. 61. APPLICABILITY. The section of this division of 16 this Act amending section 902.1, subsection 2, paragraph “a”, 17 unnumbered paragraph 1, applies retroactively to the effective 18 date of 2015 Iowa Acts, Senate File 448. 19 DIVISION V 20 REIMBURSEMENT OF DEFENSE COSTS 21 Sec. 62. NEW SECTION . 80F.2 Reimbursement of defense costs. 22 1. If a peace officer, as defined in section 801.4, or a 23 corrections officer is charged with the alleged commission 24 of a public offense, based on acts or omissions within the 25 scope of the officer’s lawful duty or authority, and the charge 26 is dismissed or the officer is acquitted of the charge, the 27 presiding magistrate or judge shall enter judgment awarding 28 reimbursement to the officer for any costs incurred in 29 defending against the charge, including but not limited to a 30 reasonable attorney fee, if the court finds the existence of 31 any of the following grounds: 32 a. The charge was without probable cause. 33 b. The charge was filed for malicious purposes. 34 c. The charge was unwarranted in consideration of all of the 35 -28- SF 510 (8) 86 tm/rn/jh 28/ 97
S.F. 510 circumstances and matters of law attending the alleged offense. 1 2. The officer may apply for review of a failure or refusal 2 to rule or an adverse ruling as to the existence of any of the 3 above grounds. The application shall be to a district judge 4 if the officer is seeking review of the act of a magistrate 5 or district associate judge and the application shall be to a 6 different district judge if review is sought of an act of a 7 district judge. 8 Sec. 63. REPEAL. Section 80.37, Code 2015, is repealed. 9 DIVISION VI 10 RENEWABLE FUELS INFRASTRUCTURE PROGRAM 11 Sec. 64. Section 159A.14, subsection 1, paragraph a, 12 subparagraph (1), Code 2015, is amended to read as follows: 13 (1) Ethanol infrastructure shall be designed and used 14 exclusively to do any of the following: 15 (a) Store and dispense E-15 gasoline. At least for the 16 period beginning on September 16 and ending on May 31 of each 17 year, the ethanol infrastructure must be used to store and 18 dispense E-15 gasoline as a registered fuel recognized by the 19 United States environmental protection agency. 20 (a) (b) Store and dispense E-85 gasoline. 21 (b) (c) Store, blend, and dispense motor fuel from a motor 22 fuel blender pump , as required in this subparagraph division . 23 The ethanol infrastructure must provide be used for the storage 24 of ethanol or ethanol blended gasoline, or for blending ethanol 25 with gasoline. The ethanol infrastructure must at least 26 include a motor fuel blender pump which dispenses different 27 classifications of ethanol blended gasoline and allows E-85 28 gasoline to be dispensed at all times that the blender pump is 29 operating. 30 DIVISION VII 31 STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM 32 Sec. 65. 2015 STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM. 33 1. Definitions. As used in this section, unless the context 34 provides otherwise: 35 -29- SF 510 (8) 86 tm/rn/jh 29/ 97
S.F. 510 a. “Eligible employee” means an employee or qualified 1 employee who has filed a completed application for benefits 2 with the Iowa public employees’ retirement system created in 3 chapter 97B in which the employee’s or qualified employee’s 4 intended first month of entitlement, as defined in section 5 97B.1A, is no later than the month following the date 6 eligible employees shall be required to agree to separate 7 from employment with the state as provided in subsection 2, 8 paragraph “e”. 9 b. (1) “Employee” means any of the following: 10 (a) An employee, as defined by section 97B.1A, who is 11 employed within the executive branch of this state. 12 (b) An individual who was employed at the mental health 13 institute at Clarinda, Iowa, or at the mental health institute 14 at Mount Pleasant, Iowa, as of April 1, 2015, whose employment 15 was terminated at either mental health institute after April 16 1, 2015. 17 (2) “Employee” does not mean a qualified employee, an 18 elected official, or an employee eligible for the sick leave 19 conversion program as described in section 70A.23, subsection 20 4. 21 c. “Employer” means a department, agency, board, or 22 commission of the state that employs individuals. 23 d. “Health insurance contribution benefit” means the amount 24 representing the monthly contribution cost of an affordable 25 group health care plan offered by the state, as determined by 26 the department of administrative services, providing coverage 27 to the participant and, if applicable, the participant’s spouse 28 for the applicable period of coverage. 29 e. “Participant” means a person who timely submits an 30 election to participate, is accepted to participate, and does 31 participate, in the state employee retirement incentive program 32 established under this section. 33 f. “Program” means the state employee retirement incentive 34 program established under this section. 35 -30- SF 510 (8) 86 tm/rn/jh 30/ 97
S.F. 510 g. “Qualified employee” means an employee of a judicial 1 district department of correctional services, an employee in 2 the office of a statewide elected official, or an employee of 3 the state board of regents if the board elects to participate 4 in the program. 5 h. “Years of service incentive benefit” means an amount 6 equal to, for eligible employees with at least ten years of 7 state employment service, one thousand dollars for each year of 8 state employment service up to a maximum of twenty-five years 9 of state employment service. For purposes of this paragraph, 10 “state employment service” means service, as defined in section 11 97B.1A, for which the employer is the state. 12 2. Program eligibility. To become a participant in the 13 program, an eligible employee shall do all of the following: 14 a. Submit by the eligible enrollment date, a written 15 application, on forms prescribed by the department of 16 administrative services, seeking participation in the program. 17 For purposes of this paragraph, “eligible enrollment date” 18 shall be the date, established by the department that is not a 19 weekend or holiday, that is at least forty-five days after the 20 effective date of this division of this Act. 21 b. Acknowledge in writing the eligible employee’s 22 agreement to voluntarily terminate employment in exchange 23 for participation in the state employee retirement incentive 24 program as provided in this section. 25 c. Agree to waive all rights to file suit against the state 26 of Iowa, including all of its departments, agencies, and other 27 subdivisions, based on state or federal claims arising out of 28 the employment relationship. 29 d. Acknowledge, in writing, that participation in the 30 program waives any right to accept any employment with the 31 state other than as an elected official on or after the date 32 the eligible employee separates from employment. 33 e. Agree to separate from employment with the state no 34 later than thirty days after the eligible enrollment date as 35 -31- SF 510 (8) 86 tm/rn/jh 31/ 97
S.F. 510 established in this subsection. 1 3. Participant acceptance. An eligible employee shall be 2 accepted into the program if the department of administrative 3 services determines that the eligible employee meets the 4 requirements to be eligible to participate in the program. 5 4. Program benefits. Upon acceptance to participate in the 6 program and separation from employment with the state no later 7 than the date as determined in subsection 2, paragraph “e”, a 8 participant shall receive the following benefits: 9 a. During November 2015, and each November thereafter for a 10 total of five years, the state shall pay to the participant, 11 or the participant’s beneficiary, an amount equal to twenty 12 percent of the years of service incentive benefit for that 13 participant. 14 b. For the period of time commencing with the first month 15 in which a participant is ineligible for or exhausts the 16 participant’s available remaining value of sick leave used 17 to pay the state share for the participant’s continuation of 18 state group health insurance coverage as provided in section 19 70A.23, subsection 3, and ending five years from the date 20 the participant separates from employment with the state as 21 provided in this section, the participant, or the participant’s 22 surviving spouse, shall be entitled to receive a health 23 insurance contribution benefit to be used by the participant 24 or the participant’s beneficiary to pay the cost for eligible 25 state group health insurance. The department of administrative 26 services shall determine what health insurance plans constitute 27 eligible state group health insurance for purposes of this 28 paragraph “b”. 29 5. Reemployment. 30 a. An employer shall not offer permanent part-time 31 employment, permanent full-time employment, temporary 32 employment, or retention as an independent contractor to a 33 participant. 34 b. This section shall not preclude a participant from 35 -32- SF 510 (8) 86 tm/rn/jh 32/ 97
S.F. 510 membership on a board or commission. 1 6. Program administration and reporting. 2 a. The department of administrative services shall 3 administer the program and shall adopt administrative rules 4 to administer the program. The department of administrative 5 services and the department of management may adopt rules on an 6 emergency basis under section 17A.4, subsection 3, and section 7 17A.5, subsection 2, paragraph “b”, to implement this section 8 and the rules shall be effective immediately upon filing unless 9 a later date is specified in the rules. 10 b. Records of the Iowa public employees’ retirement system 11 shall be released for the purposes of administering and 12 monitoring the program subject to the requirements of section 13 97B.17, subsection 5. 14 c. The department of administrative services, in 15 collaboration with the department of management, shall present 16 an interim report to the general assembly, including copies to 17 the legislative services agency and the fiscal committee of 18 the legislative council, by December 1, 2015, concerning the 19 operation of the program. The department shall also submit 20 an annual update concerning the program by October 1 of each 21 year for four years, commencing December 1, 2016. The reports 22 shall include information concerning the number of program 23 participants, the cost of the program including any payments 24 made to participants, the number of state employment positions 25 not filled pursuant to the program, and the number of positions 26 vacated by a program participant that have been refilled with a 27 comparison of the salary of the program participant at the time 28 the position was vacated to the beginning salary of the person 29 who refilled the position. 30 7. Legislative and judicial branch employees. 31 a. The legislative council may provide a retirement 32 incentive program for employees of the legislative branch 33 consistent with the program provided in this section for 34 executive branch employees. If the legislative council 35 -33- SF 510 (8) 86 tm/rn/jh 33/ 97
S.F. 510 provides an incentive program, the legislative council shall 1 collaborate with the department of administrative services to 2 establish the program as required under this section as nearly 3 as identical as possible to the program provided executive 4 branch employees under this section. The program provided 5 pursuant to this paragraph “a” shall establish the same time 6 guidelines and benefit calculations as provided under the 7 program for executive branch employees. 8 b. The supreme court may provide a retirement incentive 9 program for employees of the judicial branch consistent with 10 the program provided in this section for executive branch 11 employees. If the supreme court provides an incentive program, 12 the supreme court shall collaborate with the department of 13 administrative services to establish the program as required 14 under this section as nearly as identical as possible to the 15 program provided executive branch employees under this section. 16 The program provided pursuant to this paragraph “b” shall 17 establish the same time guidelines and benefit calculations as 18 provided under the program for executive branch employees. 19 Sec. 66. APPROPRIATIONS REDUCTION. The amounts 20 appropriated from the general fund of the state to the 21 departments and establishments of the executive branch, as 22 defined in section 8.2, but not including appropriations to the 23 state board of regents, for operational purposes in enactments 24 made for the fiscal year beginning July 1, 2015, and ending 25 June 30, 2016, are reduced by an amount up to $16,130,000. For 26 purposes of this section, “operational purposes” means salary, 27 support, administrative expenses, or other personnel-related 28 costs. The reductions in appropriations required pursuant 29 to this section shall be realized through the implementation 30 of this division of this Act. The reductions to operational 31 appropriations required by this section shall be applied by the 32 department of management. 33 Sec. 67. DEPARTMENT OF MANAGEMENT —— STATE EMPLOYEE 34 RETIREMENT INCENTIVE PROGRAM —— APPROPRIATION. 35 -34- SF 510 (8) 86 tm/rn/jh 34/ 97
S.F. 510 1. There is appropriated from the general fund of the state 1 to the department of management for the fiscal year beginning 2 July 1, 2014, and ending June 30, 2015, the following amount, 3 or so much thereof as is necessary, to be used for the purposes 4 designated: 5 For reimbursing state agencies for costs associated with the 6 state employee retirement incentive program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,130,000 8 Moneys appropriated in this subsection shall be transferred 9 by the department of management to state agencies to reimburse 10 such agencies for payments required under the state employee 11 retirement incentive program. If moneys appropriated under 12 this subsection are insufficient to reimburse all such costs 13 incurred by state agencies, the department of management shall 14 transfer the moneys on a pro rata basis. 15 Notwithstanding section 8.33, moneys appropriated in this 16 subsection that remain unencumbered or unobligated at the close 17 of the fiscal year shall not revert but shall remain available 18 for expenditure for the purposes designated until the close of 19 the succeeding fiscal year. 20 2. It is the intent of the general assembly to fund 21 reimbursements to state agencies for payments required under 22 the state employee retirement incentive program in future years 23 through appropriations made to the department of management. 24 Sec. 68. EFFECTIVE UPON ENACTMENT. This division of this 25 Act, being deemed of immediate importance, takes effect upon 26 enactment. 27 DIVISION VIII 28 SCHOOL AID —— PERCENTS OF GROWTH 29 Sec. 69. Section 257.8, subsections 1 and 2, Code 2015, are 30 amended to read as follows: 31 1. State percent of growth. The state percent of growth 32 for the budget year beginning July 1, 2012, is two percent. 33 The state percent of growth for the budget year beginning July 34 1, 2013, is two percent. The state percent of growth for the 35 -35- SF 510 (8) 86 tm/rn/jh 35/ 97
S.F. 510 budget year beginning July 1, 2014, is four percent. The state 1 percent of growth for the budget year beginning July 1, 2015, 2 is two and five-eighths percent. The state percent of growth 3 for the budget year beginning July 1, 2016, is four percent. 4 The state percent of growth for each subsequent budget year 5 shall be established by statute which shall be enacted within 6 thirty days of the submission in the year preceding the 7 base year of the governor’s budget under section 8.21 . The 8 establishment of the state percent of growth for a budget year 9 shall be the only subject matter of the bill which enacts the 10 state percent of growth for a budget year. 11 2. Categorical state percent of growth. The categorical 12 state percent of growth for the budget year beginning July 1, 13 2012, is two percent. The categorical state percent of growth 14 for the budget year beginning July 1, 2013, is two percent. 15 The categorical state percent of growth for the budget year 16 beginning July 1, 2014, is four percent. The categorical 17 state percent of growth for the budget year beginning July 18 1, 2015, is two and five-eighths percent. The categorical 19 percent of growth for the budget year beginning July 1, 2016, 20 is four percent. The categorical state percent of growth for 21 each budget year shall be established by statute which shall 22 be enacted within thirty days of the submission in the year 23 preceding the base year of the governor’s budget under section 24 8.21 . The establishment of the categorical state percent of 25 growth for a budget year shall be the only subject matter of 26 the bill which enacts the categorical state percent of growth 27 for a budget year. The categorical state percent of growth 28 may include state percents of growth for the teacher salary 29 supplement, the professional development supplement, the early 30 intervention supplement, and the teacher leadership supplement. 31 Sec. 70. CODE SECTION 257.8 —— IMPLEMENTATION. The 32 requirements of section 257.8, subsections 1 and 2, regarding 33 the enactment of bills establishing the regular program state 34 percent of growth and the categorical state percent of growth 35 -36- SF 510 (8) 86 tm/rn/jh 36/ 97
S.F. 510 within thirty days of the submission in the year preceding 1 the base year of the governor’s budget and the subject matter 2 limitation of bills establishing the state percent of growth 3 and the categorical state percent of growth do not apply to 4 this division of this Act. 5 Sec. 71. EFFECTIVE UPON ENACTMENT. This division of this 6 Act, being deemed of immediate importance, takes effect upon 7 enactment. 8 DIVISION IX 9 APPORTIONMENT OF TRANSPORTATION FUNDS —— APPROPRIATION 10 Sec. 72. STREET CONSTRUCTION FUND —— APPROPRIATION. 11 1. In a written application to the treasurer of state 12 submitted by October 1, 2015, a city may request an 13 additional distribution of moneys to be credited to the street 14 construction fund of the city equal to that additional amount, 15 calculated by the treasurer, that the city would have received 16 if the funds were apportioned based upon the population of the 17 city as determined by section 312.3, subsection 2 , paragraph 18 “d”, for the months prior to the effective date of this 19 division of this Act. 20 2. Upon determination by the treasurer of state that an 21 additional amount should be credited to a city as provided by 22 this section, there is appropriated from the general fund of 23 the state to the department of transportation, for the fiscal 24 year beginning July 1, 2015, and ending June 30, 2016, an 25 amount sufficient to pay the additional amount which shall be 26 distributed to the city for deposit in the street construction 27 fund of the city. 28 Sec. 73. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 Sec. 74. RETROACTIVE APPLICABILITY. This division of this 32 Act applies retroactively to March 2011. 33 DIVISION X 34 DRUG OVERDOSE PREVENTION 35 -37- SF 510 (8) 86 tm/rn/jh 37/ 97
S.F. 510 Sec. 75. Section 85.27, Code 2015, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 1A. If an employee receives care pursuant 3 to subsection 1 and the treating physician or other health care 4 professional reasonably believes, based on such physician’s or 5 other health care professional’s professional judgment, that 6 the employee is at risk of an opioid-related overdose due to 7 the work-related injury or the treatment of the work-related 8 injury, the cost of an opioid antagonist shall be paid by the 9 employer or the employer’s insurance carrier. For purposes 10 of this subsection, “opioid antagonist” and “opioid-related 11 overdose” mean the same as defined in section 124.418. 12 Sec. 76. NEW SECTION . 124.417 Persons seeking medical 13 assistance for drug-related overdose. 14 1. As used in this section, unless the context otherwise 15 requires: 16 a. “Drug-related overdose” means a condition of a person for 17 which each of the following is true: 18 (1) The person is in need of medical assistance. 19 (2) The person displays symptoms including but not limited 20 to extreme physical illness, pinpoint pupils, decreased level 21 of consciousness including coma, or respiratory depression. 22 (3) The person’s condition is the result of, or a prudent 23 layperson would reasonably believe such condition to be the 24 result of, the consumption or use of a controlled substance. 25 b. “Overdose patient” means a person who is, or would 26 reasonably be perceived to be, suffering a drug-related 27 overdose. 28 c. “Overdose reporter” means a person who seeks medical 29 assistance for an overdose patient. 30 d. “Protected information” means information or evidence 31 collected or derived as a result of any of the following: 32 (1) An overdose patient’s good-faith actions to seek 33 medical assistance while experiencing a drug-related overdose. 34 (2) An overdose reporter’s good-faith actions to seek 35 -38- SF 510 (8) 86 tm/rn/jh 38/ 97
S.F. 510 medical assistance for an overdose patient experiencing a 1 drug-related overdose if all of the following are true: 2 (a) The overdose patient is in need of medical assistance 3 for an immediate health or safety concern. 4 (b) The overdose reporter is the first person to seek 5 medical assistance for the overdose patient. 6 (c) The overdose reporter provides the overdose reporter’s 7 name and contact information to medical or law enforcement 8 personnel. 9 (d) The overdose reporter remains on the scene until 10 assistance arrives or is provided. 11 (e) The overdose reporter cooperates with law enforcement 12 and medical personnel. 13 2. Protected information shall not be considered to support 14 probable cause and shall not be admissible as evidence against 15 an overdose patient or overdose reporter for any of the 16 following offenses: 17 a. Violation of section 124.401, subsection 1. 18 b. Possession of a controlled substance under section 19 124.401, subsection 5. 20 c. Violation of section 124.407. 21 d. Violation of section 124.414. 22 3. A person’s pretrial release, probation, supervised 23 release, or parole shall not be revoked based on protected 24 information. 25 4. Notwithstanding any other provision of law to the 26 contrary, the act of providing first aid or other medical 27 assistance to someone who is experiencing a drug-related 28 overdose may be considered by a court as a mitigating factor in 29 a criminal prosecution. 30 5. This section shall not be construed to limit the use or 31 admissibility of any evidence in a criminal case other than as 32 provided in subsection 2. 33 Sec. 77. NEW SECTION . 124.418 Possession of an opioid 34 antagonist. 35 -39- SF 510 (8) 86 tm/rn/jh 39/ 97
S.F. 510 1. For purposes of this section: 1 a. “Health care professional” means a physician and surgeon 2 or osteopathic physician and surgeon licensed under chapter 3 148, physician assistant licensed under chapter 148C, advanced 4 registered nurse practitioner licensed under chapter 152 or 5 152E, or pharmacist licensed under chapter 155A. 6 b. “Opioid antagonist” means a drug that binds to opioid 7 receptors and blocks or inhibits the effects of opioids acting 8 on those receptors, including but not limited to naloxone 9 hydrochloride or any other similarly acting drug approved by 10 the United States food and drug administration. 11 c. “Opioid-related overdose” means a condition of a person 12 for which each of the following is true: 13 (1) The person requires medical assistance. 14 (2) The person displays symptoms including but not limited 15 to extreme physical illness, pinpoint pupils, decreased level 16 of consciousness including coma, or respiratory depression. 17 (3) The person’s condition is the result of, or a prudent 18 layperson would reasonably believe the person’s condition to 19 be the result of, consumption or use of an opioid or another 20 substance with which an opioid was combined. 21 2. Notwithstanding the provisions of this chapter or any 22 other law, a person may possess an opioid antagonist if each of 23 the following is true: 24 a. The opioid antagonist is prescribed, dispensed, 25 furnished, distributed, or otherwise provided by a health 26 care professional otherwise authorized to prescribe an opioid 27 antagonist, either directly, by standing order, or through a 28 collaborative agreement. 29 b. The person is a family member or friend of, or 30 other person in a position to assist, a person at risk of 31 experiencing an opioid-related overdose. 32 Sec. 78. NEW SECTION . 135.181 Standards and reports on 33 opioid antagonist use. 34 1. For purposes of this section: 35 -40- SF 510 (8) 86 tm/rn/jh 40/ 97
S.F. 510 a. “Emergency medical services” means the same as defined 1 in section 147A.1. 2 b. “First responder” means emergency medical personnel, 3 state and local law enforcement personnel, or fire department 4 personnel who provide emergency medical services. 5 c. “Health care professional” means a physician and surgeon 6 or osteopathic physician and surgeon licensed under chapter 7 148, physician assistant licensed under chapter 148C, advanced 8 registered nurse practitioner licensed under chapter 152 or 9 152E, or pharmacist licensed under chapter 155A. 10 d. “Opioid antagonist” means the same as defined in section 11 124.418. 12 2. The department shall develop standards for recordkeeping 13 and reporting of opioid antagonist use by first responders in 14 this state, and shall provide an annual report to the general 15 assembly with recommendations regarding the use of opioid 16 antagonists in this state. 17 3. The department shall consult with health care 18 professional organizations, organizations representing first 19 responders, and other groups as determined by the department 20 to develop protocols and instructions for the administration 21 of an opioid antagonist by a person who is not a health care 22 professional or a first responder. The department shall make 23 the protocols and instructions developed pursuant to this 24 subsection publicly available on the department’s internet 25 site. 26 Sec. 79. Section 147.107, Code 2015, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 5A. a. For purposes of this subsection: 29 (1) “Opioid antagonist” means the same as defined in section 30 124.418. 31 (2) “Opioid-related overdose” means the same as defined in 32 section 124.418. 33 b. Notwithstanding subsection 1 or any other provision 34 of law, a health care professional otherwise authorized to 35 -41- SF 510 (8) 86 tm/rn/jh 41/ 97
S.F. 510 prescribe an opioid antagonist may directly, by standing order, 1 or through collaborative agreement, prescribe, dispense, 2 furnish, or otherwise provide an opioid antagonist to a person 3 at risk of experiencing an opioid-related overdose or to a 4 family member or friend of, or other person whom the health 5 care professional believes to be in a position to assist, a 6 person at risk of experiencing an opioid-related overdose. 7 Any such prescription shall be deemed as being issued for a 8 legitimate medical purpose in the usual course of professional 9 practice. 10 c. A health care professional who prescribes an opioid 11 antagonist shall document the reasons for the prescription or 12 standing order. 13 d. A pharmacist who dispenses, furnishes, or otherwise 14 provides an opioid antagonist pursuant to a valid prescription, 15 standing order, or collaborative agreement shall provide 16 instruction to the recipient in accordance with the protocols 17 and instructions developed by the department of public health 18 under section 135.181. 19 e. A health care professional who is licensed to prescribe 20 an opioid antagonist shall not be subject to any disciplinary 21 action or civil or criminal liability for prescribing an opioid 22 antagonist to a person whom the health care professional 23 reasonably believes may be in a position to assist or 24 administer the opioid antagonist to a person at risk of an 25 opioid-related overdose. 26 Sec. 80. Section 147A.10, Code 2015, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 4. a. For purposes of this subsection: 29 (1) “Opioid antagonist” means the same as defined in section 30 124.418. 31 (2) “Opioid-related overdose” means the same as defined in 32 section 124.418. 33 b. An emergency medical care provider or a law enforcement 34 officer who has been trained in the administration of an opioid 35 -42- SF 510 (8) 86 tm/rn/jh 42/ 97
S.F. 510 antagonist and acts with reasonable care in administering an 1 opioid antagonist to another person who the emergency medical 2 care provider or law enforcement officer believes in good faith 3 to be suffering an opioid-related overdose shall not be subject 4 to civil liability, disciplinary action, or a civil or criminal 5 penalty for an act or omission related to or resulting from the 6 administration. 7 Sec. 81. NEW SECTION . 155A.45 Administration of an opioid 8 antagonist. 9 1. For purposes of this section: 10 a. “Opioid antagonist” means the same as defined in section 11 124.418. 12 b. “Opioid-related overdose” means the same as defined in 13 section 124.418. 14 2. A person who is not otherwise licensed by an appropriate 15 state board to prescribe, dispense, or administer opioid 16 antagonists to patients may, in an emergency, administer an 17 opioid antagonist to another person if the person believes in 18 good faith that the other person is suffering an opioid-related 19 overdose, and the person shall not be subject to civil 20 liability, disciplinary action, or a civil or criminal penalty 21 for an act or omission related to or resulting from the 22 administration of an opioid antagonist. 23 Sec. 82. Section 249A.20A, Code 2015, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 12. a. For purposes of this subsection, 26 “opioid antagonist” means the same as defined in section 27 124.418. 28 b. Notwithstanding anything in this section to the contrary, 29 the department shall include an opioid antagonist as preferred 30 on the preferred drug list and provide for reimbursement of any 31 device integral to its administration. Reimbursement under the 32 medical assistance program shall be provided through existing 33 resources. 34 DIVISION XI 35 -43- SF 510 (8) 86 tm/rn/jh 43/ 97
S.F. 510 COUNTY COURTHOUSES 1 Sec. 83. Section 602.6105, subsection 2, Code 2015, is 2 amended to read as follows: 3 2. In any county having two county seats, court shall be 4 held at each , and, in the county of Pottawattamie, court shall 5 be held at Avoca, as well as at the county seat. 6 Sec. 84. REPEAL. 1884 Iowa Acts, chapter 198, is repealed. 7 DIVISION XII 8 REFUGEE FAMILY SUPPORT SERVICES 9 Sec. 85. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM. 10 1. The bureau of refugee services within the department 11 of human services shall establish, promote, and administer a 12 refugee family support services pilot program for purposes of 13 providing a grant to a state, local, or community organization 14 working with refugee populations to contract with and train 15 multiple refugees to act as refugee community navigators. 16 2. An organization awarded a grant pursuant to this section 17 shall recruit and train multiple refugee community navigators 18 to educate and provide direct assistance to their respective 19 refugee communities so the refugee communities can successfully 20 access and utilize existing community resources and services. 21 3. The refugee community navigators shall train other 22 refugee community members and shall offer home-based, 23 peer-group learning sessions about resources in the community. 24 4. A grant awarded pursuant to this section shall be 25 used for employment costs of a program manager and community 26 navigator coordinator, and contract and stipend costs for 27 multiple refugee community navigators for each organization. 28 5. The bureau of refugee services shall award one grant to 29 a state, local, or community organization through a competitive 30 application process. The bureau shall provide moneys over a 31 three-year period to an organization awarded a grant. 32 6. A state, local, or community organization awarded a grant 33 pursuant to this section shall provide the bureau with annual 34 progress reports. The bureau of refugee services shall present 35 -44- SF 510 (8) 86 tm/rn/jh 44/ 97
S.F. 510 a report of the program goals and outcomes to the general 1 assembly. 2 7. The bureau of refugee services shall conduct a 3 comprehensive review of the refugee family support services 4 pilot program and shall, by December 31, 2017, submit a 5 report of its review, as well as any recommendations and cost 6 projections of its recommendations to the governor and the 7 general assembly. 8 8. The bureau of refugee services may expend program moneys 9 for administrative expenses as provided by law. 10 Sec. 86. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM 11 APPROPRIATION. There is appropriated from the general fund of 12 the state to the department of human services for the fiscal 13 year beginning July 1, 2014, and ending June 30, 2015, the 14 following amount, or so much thereof as is necessary, to be 15 used for the purposes designated: 16 For a pilot project pursuant to the refugee family support 17 services pilot project program created in this division of this 18 Act in a county with a population over 350,000 as determined by 19 the 2010 federal decennial census: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 21 Of the moneys appropriated for each fiscal year, $10,000 may 22 be used for bureau of refugee services’ administration costs 23 for establishing, promoting, and administering the program. 24 Notwithstanding section 8.33, moneys appropriated in this 25 section that remain unencumbered or unobligated at the close of 26 the fiscal year shall not revert but shall remain available for 27 expenditure for the purposes designated until the close of the 28 succeeding fiscal year. 29 Sec. 87. EFFECTIVE UPON ENACTMENT. This division of this 30 Act, being deemed of immediate importance, takes effect upon 31 enactment. 32 DIVISION XIII 33 DEPARTMENT OF MANAGEMENT —— DUTIES 34 Sec. 88. Section 8.6, subsections 12 and 13, Code 2015, are 35 -45- SF 510 (8) 86 tm/rn/jh 45/ 97
S.F. 510 amended by striking the subsections. 1 Sec. 89. Section 8A.111, Code 2015, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 11. An annual report on the administration 4 and promotion of equal opportunity in state contracts and 5 services under section 19B.7. 6 Sec. 90. Section 19B.6, Code 2015, is amended to read as 7 follows: 8 19B.6 Responsibilities of department of administrative 9 services and department of management —— affirmative action. 10 The department of administrative services shall oversee the 11 implementation of sections 19B.1 through 19B.5 and shall work 12 with the governor to ensure compliance with those sections, 13 including the attainment of affirmative action goals and 14 timetables, by all state agencies, excluding the state board 15 of regents and its institutions. The department of management 16 shall oversee the implementation of sections 19B.1 through 17 19B.5 and shall work with the governor to ensure compliance 18 with those sections, including the attainment of affirmative 19 action goals and timetables, by the state board of regents and 20 its institutions. 21 Sec. 91. Section 19B.7, subsection 1, unnumbered paragraph 22 1, Code 2015, is amended to read as follows: 23 Except as otherwise provided in subsection 2 , the department 24 of management administrative services is responsible for the 25 administration and promotion of equal opportunity in all state 26 contracts and services and the prohibition of discriminatory 27 and unfair practices within any program receiving or benefiting 28 from state financial assistance in whole or in part. In 29 carrying out these responsibilities the department of 30 management administrative services shall: 31 Sec. 92. Section 19B.8, Code 2015, is amended to read as 32 follows: 33 19B.8 Sanctions. 34 The department of management administrative services may 35 -46- SF 510 (8) 86 tm/rn/jh 46/ 97
S.F. 510 impose appropriate sanctions on individual state agencies, 1 including the state board of regents and its institutions, and 2 upon a community college, area education agency, or school 3 district, in order to ensure compliance with state programs 4 emphasizing equal opportunity through affirmative action, 5 contract compliance policies, and requirements for procurement 6 goals for targeted small businesses. 7 DIVISION XIV 8 CLAIMS AGAINST THE STATE AND BY THE STATE 9 Sec. 93. Section 8.55, subsection 3, paragraph a, Code 2015, 10 is amended to read as follows: 11 a. Except as provided in paragraphs “b” , “c” , and “d” , and 12 “0e” , the moneys in the Iowa economic emergency fund shall 13 only be used pursuant to an appropriation made by the general 14 assembly. An appropriation shall only be made for the fiscal 15 year in which the appropriation is made. The moneys shall 16 only be appropriated by the general assembly for emergency 17 expenditures. 18 Sec. 94. Section 8.55, subsection 3, Code 2015, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . 0e. There is appropriated from the Iowa 21 economic emergency fund to the state appeal board an amount 22 sufficient to pay claims authorized by the state appeal board 23 as provided in section 25.2. 24 Sec. 95. Section 25.2, subsection 4, Code 2015, is amended 25 to read as follows: 26 4. Payments authorized by the state appeal board shall be 27 paid from the appropriation or fund of original certification 28 of the claim. However, if that appropriation or fund has since 29 reverted under section 8.33 , then such payment authorized by 30 the state appeal board shall be out of any money in the state 31 treasury not otherwise appropriated as follows: 32 a. From the appropriation made from the Iowa economic 33 emergency fund in section 8.55 for purposes of paying such 34 expenses . 35 -47- SF 510 (8) 86 tm/rn/jh 47/ 97
S.F. 510 b. To the extent the appropriation from the Iowa economic 1 emergency fund described in paragraph “a” is insufficient to 2 pay such expenses, there is appropriated from moneys in the 3 general fund of the state not otherwise appropriated the amount 4 necessary to fund the deficiency. 5 DIVISION XV 6 STATE GEOLOGICAL SURVEY 7 Sec. 96. Section 456.1, Code 2015, is amended by striking 8 the section and inserting in lieu thereof the following: 9 456.1 Geological survey created. 10 A geological survey of the state is created within the 11 university of Iowa. 12 Sec. 97. Section 456.2, Code 2015, is amended to read as 13 follows: 14 456.2 State geologist —— qualifications. 15 The director board of regents shall appoint the state 16 geologist. The state geologist must , at a minimum, have 17 a masters degree in geology from an accredited college or 18 university and must have at least five years of geological 19 experience. The annual salary of the state geologist shall be 20 determined by the director. 21 Sec. 98. Section 456.4, Code 2015, is amended to read as 22 follows: 23 456.4 Investigations —— collection —— renting space. 24 The state geologist shall investigate the characters of the 25 various soils and their capacities for agricultural purposes, 26 the streams, and other scientific and natural resource matters 27 that may be of practical importance and interest. For the 28 purpose of preserving well drilling samples, rock cores, 29 fossils, and other materials as may be necessary to carry on 30 investigations, the state geologist shall have the authority 31 to lease or rent sufficient space for storage of these 32 materials with the approval of the director of the department 33 of administrative services. A complete cabinet collection may 34 shall be made to illustrate the natural products of the state, 35 -48- SF 510 (8) 86 tm/rn/jh 48/ 97
S.F. 510 and the state geologist may also furnish suites of materials, 1 rocks, and fossils for colleges and public museums within the 2 state, if it can be done without impairing the general state 3 collection. 4 Sec. 99. Section 456.7, Code 2015, is amended to read as 5 follows: 6 456.7 Annual report. 7 The state geologist shall, annually, at the time provided 8 by law, make to the governor and the general assembly a full 9 report of the work in the preceding year, which report shall 10 be accompanied by such other reports and papers as may be 11 considered desirable for publication. 12 Sec. 100. Section 456.10, Code 2015, is amended to read as 13 follows: 14 456.10 Distribution and sale of reports. 15 All publications of the geological survey shall be 16 distributed by the state as are other published reports of 17 state officers when no special provision is made. When such 18 distribution has been made the state geologist shall retain 19 a sufficient number of copies to supply probable future 20 demands and any copies in excess of such number shall be sold 21 to persons making application therefor at the cost price of 22 publication, the money thus accruing to be turned into the 23 treasury of the state made available electronically via an 24 internet site maintained by the university of Iowa . 25 Sec. 101. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 26 1. Any rule, regulation, form, order, or directive 27 promulgated by the department of natural resources as required 28 to administer and enforce the provisions of chapter 456 shall 29 continue in full force and effect until amended, repealed, or 30 supplemented by affirmative action of the state geological 31 survey. 32 2. An administrative hearing or court proceeding arising 33 out of an enforcement action under section 455B.109 pending 34 on the effective date of this division of this Act shall not 35 -49- SF 510 (8) 86 tm/rn/jh 49/ 97
S.F. 510 be affected due to this division of this Act. Any cause of 1 action or statute of limitation relating to an action taken by 2 the department of natural resources shall not be affected as a 3 result of this division of this Act and such cause or statute 4 of limitation shall apply to the state geological survey. 5 3. Any personnel in the state merit system of employment who 6 are mandatorily transferred due to the effect of this division 7 of this Act shall be so transferred without any loss in salary, 8 benefits, or accrued years of service. 9 4. Any replacement of signs, logos, stationery, insignia, 10 uniforms, and related items that is made necessary due to the 11 effect of this division of this Act shall be done as part of the 12 normal replacement cycle for such items. 13 Sec. 102. ENVIRONMENT FIRST FUND —— FY 2015-2016. 14 1. There is appropriated from the environment first fund 15 created in section 8.57A to the university of Iowa for the 16 fiscal year beginning July 1, 2015, and ending June 30, 2016, 17 the following amount, or so much thereof as is necessary, to be 18 used for the purposes designated: 19 For the state geological survey, including salaries, 20 support, maintenance, and miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 695,000 22 2. Moneys appropriated to the department of natural 23 resources in 2015 Iowa Acts, Senate File 494, if enacted, 24 for the fiscal year beginning July 1, 2015, for purposes of 25 regulating water quantity from surface and subsurface sources 26 are reduced by $495,000. 27 3. Moneys appropriated to the department of natural 28 resources in 2015 Iowa Acts, Senate File 494, if enacted, 29 for the fiscal year beginning July 1, 2015, for purposes of 30 continuing the operations of the department’s geological and 31 water survey are reduced by $200,000. 32 Sec. 103. ENVIRONMENT FIRST FUND —— FY 2016-2017. 33 1. There is appropriated from the environment first fund 34 created in section 8.57A to the university of Iowa for the 35 -50- SF 510 (8) 86 tm/rn/jh 50/ 97
S.F. 510 fiscal year beginning July 1, 2016, and ending June 30, 2017, 1 the following amount, or so much thereof as is necessary, to be 2 used for the purposes designated: 3 For the state geological survey, including salaries, 4 support, maintenance, and miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 347,500 6 2. Moneys appropriated to the department of natural 7 resources in 2015 Iowa Acts, Senate File 494, if enacted, 8 for the fiscal year beginning July 1, 2016, for purposes of 9 regulating water quantity from surface and subsurface sources 10 are reduced by $247,500. 11 3. Moneys appropriated to the department of natural 12 resources in 2015 Iowa Acts, Senate File 494, if enacted, 13 for the fiscal year beginning July 1, 2016, for purposes of 14 continuing the operations of the department’s geological and 15 water survey are reduced by $100,000. 16 Sec. 104. GENERAL FUND —— FY 2015-2016. 17 1. There is appropriated from the general fund of the state 18 to the university of Iowa for the fiscal year beginning July 19 1, 2015, and ending June 30, 2016, the following amount, or 20 so much thereof as is necessary, to be used for the purposes 21 designated: 22 For the state geological survey, including salaries, 23 support, maintenance, and miscellaneous purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 132,000 25 2. Moneys appropriated to the department of natural 26 resources in 2015 Iowa Acts, Senate File 494, if enacted, 27 for the fiscal year beginning July 1, 2015, for purposes 28 of supporting the department, including its divisions, for 29 administration, regulation, and programs are reduced by 30 $132,000. 31 Sec. 105. GENERAL FUND —— FY 2016-2017. 32 1. There is appropriated from the general fund of the state 33 to the university of Iowa for the fiscal year beginning July 34 1, 2016, and ending June 30, 2017, the following amount, or 35 -51- SF 510 (8) 86 tm/rn/jh 51/ 97
S.F. 510 so much thereof as is necessary, to be used for the purposes 1 designated: 2 For the state geological survey, including salaries, 3 support, maintenance, and miscellaneous purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,000 5 2. Moneys appropriated to the department of natural 6 resources in 2015 Iowa Acts, Senate File 494, if enacted, 7 for the fiscal year beginning July 1, 2016, for purposes 8 of supporting the department, including its divisions, for 9 administration, regulation, and programs are reduced by 10 $66,000. 11 Sec. 106. REBUILD IOWA INFRASTRUCTURE FUND. There is 12 appropriated from the rebuild Iowa infrastructure fund to 13 the university of Iowa for the fiscal year beginning July 1, 14 2015, and ending June 30, 2016, the following amount, or so 15 much thereof as is necessary, to be used for the purposes 16 designated: 17 For the state geological survey, including salaries, 18 support, maintenance, and miscellaneous purposes, 19 notwithstanding section 8.57, subsection 5, paragraph “c”: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 21 DIVISION XVI 22 REVIVAL OF USE RESTRICTIONS 23 Sec. 107. NEW SECTION . 564B.1 Definitions. 24 As used in this chapter, unless the context otherwise 25 requires: 26 1. “Bylaws” means the instruments, however denominated, 27 that contain the procedures for conducting the affairs of the 28 homeowners’ association or the executive board regardless of 29 the form in which the homeowners’ association is organized, 30 including any amendments to such instruments. 31 2. a. “Common interest community” means real estate 32 described in a declaration with respect to which a person, by 33 virtue of the person’s ownership of a parcel, is obligated 34 to pay for a share of real estate taxes, insurance premiums, 35 -52- SF 510 (8) 86 tm/rn/jh 52/ 97
S.F. 510 maintenance, or improvement of, or services or other expenses 1 related to, common elements, other parcels, or other real 2 estate described in the declaration. “Common interest 3 community” includes a cooperative under chapter 499A and a 4 horizontal property regime under chapter 499B. 5 b. “Common interest community” does not include a covenant 6 that requires the owners of separate parcels of real estate to 7 share costs or other obligations related to a wall, driveway, 8 well, or other similar structure, unless all such owners 9 consent in writing to the creation of a common interest 10 community. 11 3. “Declaration” means a recorded written instrument in the 12 nature of covenants running with the land that subject the land 13 comprising the common interest community to the jurisdiction 14 and control of a homeowners’ association in which the owners of 15 the parcels are required to be members. 16 4. “Executive board” means the body, regardless of name, 17 designated in the declaration, formation document, or bylaws to 18 act on behalf of the homeowners’ association. 19 5. “Formation document” means the document filed with the 20 secretary of state that creates a business entity, including 21 but not limited to articles of incorporation, articles of 22 organization, and a certificate of organization. 23 6. “Homeowners’ association” means an entity responsible 24 for the operation of a common interest community in which the 25 voting membership is made up of parcel owners and in which 26 membership is a mandatory condition of parcel ownership, and 27 which is authorized to impose assessments that, if unpaid, may 28 become a lien on the parcel. 29 7. “Parcel” means a physical portion of the common interest 30 community designated for separate ownership or occupancy or 31 as otherwise defined in the statute under which the common 32 interest community is organized. 33 8. “Parcel owner” means the record owner of legal title to 34 a parcel or, if the parcel is subject to a contract for deed, 35 -53- SF 510 (8) 86 tm/rn/jh 53/ 97
S.F. 510 the vendee of the real estate contract. “Parcel owner” does 1 not include a person having an interest in a parcel solely as 2 security for an obligation. 3 9. “Use restrictions” means the same as defined in section 4 614.24, subsection 5. 5 Sec. 108. NEW SECTION . 564B.2 Revival of use restrictions. 6 Parcel owners in a common interest community may revive use 7 restrictions that have become unenforceable by operation of 8 section 614.24 if all of the following requirements are met: 9 1. All parcels which will be subject to the revived use 10 restrictions were previously subject to the use restrictions. 11 2. The affected parcel owners approve the revived use 12 restrictions in the manner provided in this chapter. 13 Sec. 109. NEW SECTION . 564B.3 Procedure to revive use 14 restrictions. 15 1. The proposal to revive use restrictions may contain 16 less than all of the use restrictions which have become 17 unenforceable by operation of section 614.24, but shall not 18 modify any use restriction sought to be revived. 19 2. The proposal to revive use restrictions in a declaration 20 under the terms of this chapter may be initiated by either of 21 the following: 22 a. The executive board. 23 b. The parcel owners, if a petition is signed by parcel 24 owners who own at least ten percent of the parcels. Such 25 petition shall include the language of the use restrictions 26 proposed to be revived. 27 3. If a proposal is initiated under subsection 2, the 28 executive board shall prepare or cause to be prepared the 29 complete text of the proposed use restrictions to be submitted 30 to the affected parcel owners for approval. 31 4. a. The executive board shall present or cause to be 32 presented to all of the affected parcel owners, by mail or hand 33 delivery, all of the following: 34 (1) A notice containing either the place, date, and time of 35 -54- SF 510 (8) 86 tm/rn/jh 54/ 97
S.F. 510 the meeting at which the revival of the use restrictions will 1 be considered and voted upon or instructions for an action by 2 written ballot, including the last date that a written ballot 3 will be accepted. 4 (2) A copy of the complete text of the use restrictions 5 proposed to be revived. 6 (3) The existing declaration, formation document, and 7 bylaws of the homeowners’ association. 8 (4) A graphic depiction of the property and the parcels to 9 be governed by the revived use restrictions. 10 (5) A statement that the use restrictions will be revived 11 if parcel owners who own a majority of the affected parcels 12 approve revival. 13 b. The parcel owners entitled to receive notice and the 14 materials described in paragraph “a” are the owners of affected 15 parcels as of the close of business on the business day 16 preceding the day on which notice is given. 17 5. The use restrictions shall be revived if the owners of 18 a majority of the affected parcels approve the revived use 19 restrictions by a vote at a meeting of the affected parcel 20 owners conducted in the manner described in section 564B.4 or 21 in an action by written ballot as described in section 564B.5. 22 Sec. 110. NEW SECTION . 564B.4 Meetings to revive use 23 restrictions. 24 1. A vote to revive use restrictions shall not be held 25 unless the parcel owners described in section 564B.3, 26 subsection 4, paragraph “b” , received the notice and documents 27 specified in section 564B.3, subsection 4, not less than 28 fourteen days or more than sixty days before such a vote. 29 2. A quorum shall be met if parcel owners who own a majority 30 of the affected parcels are present at the meeting, either in 31 person or by proxy. 32 3. The parcel owners entitled to vote at the meeting are the 33 owners of affected parcels as of the date of the meeting. 34 4. At the meeting, there shall be one vote per parcel, 35 -55- SF 510 (8) 86 tm/rn/jh 55/ 97
S.F. 510 regardless of the number of parcel owners who own such parcel. 1 5. a. The parcel owners have the right to vote in person 2 or by proxy. 3 b. To be valid, a proxy must be dated, shall state the date, 4 time, and place of the meeting for which the proxy was given, 5 and shall be signed by the parcel owner. If a parcel is owned 6 by more than one person, each owner of the parcel shall sign 7 the proxy for such proxy to be valid. 8 c. A proxy is effective only for the specific meeting for 9 which the proxy was originally given. 10 d. A proxy is revocable at any time at the discretion of a 11 parcel owner who executed the proxy. 12 e. If the proxy form expressly so provides, any proxy holder 13 may appoint, in writing, a substitute to act in the proxy 14 holder’s place. 15 Sec. 111. NEW SECTION . 564B.5 Action by written ballot. 16 1. A vote to revive use restrictions may be taken without a 17 meeting if the executive board delivers a written ballot with 18 the notice and other documents required to be delivered under 19 section 564B.3, subsection 4, to the owners of every affected 20 parcel. 21 2. A written ballot shall set forth the use restrictions 22 proposed to be revived and provide an opportunity to vote for 23 or against revival. 24 3. One written ballot shall be provided for each parcel, 25 regardless of the number of parcel owners who own such parcel. 26 4. The use restrictions shall be revived if the parcel 27 owners of a majority of the affected parcels approve the 28 revived use restrictions by written ballot. 29 5. The deadline for the written ballot to be received to 30 be counted shall be at least fourteen days, but not more than 31 sixty days, after the written ballot was delivered. 32 6. A written ballot that has been cast shall not be revoked. 33 Sec. 112. NEW SECTION . 564B.6 Recording and notice of 34 recording. 35 -56- SF 510 (8) 86 tm/rn/jh 56/ 97
S.F. 510 1. No later than thirty days after the parcel owners have 1 approved the revival of the use restrictions, the executive 2 board shall file the revived use restrictions with the recorder 3 of each county in which the land comprising the common interest 4 community is located. 5 2. Immediately after recording the revived use 6 restrictions, the executive board shall mail or deliver, or 7 shall cause to be mailed or delivered, a complete copy of the 8 revived use restrictions to each parcel owner. 9 Sec. 113. NEW SECTION . 564B.7 Effect of revived use 10 restrictions. 11 1. The revived use restrictions shall be effective upon 12 recordation with respect to each affected parcel, regardless 13 of whether an owner of an affected parcel approved the revived 14 use restrictions. 15 2. The revived use restrictions shall not be given 16 retroactive effect with respect to any affected parcel. 17 3. A use restriction revived under this chapter shall not be 18 enforced against a parcel if each of the following are true: 19 a. A parcel owner made a good-faith investment that would be 20 impaired by such enforcement. 21 b. The good-faith investment described in paragraph “a” was 22 made after the use restriction was unenforceable under section 23 614.24 and before the use restriction was revived pursuant to 24 this chapter. 25 Sec. 114. Section 614.24, Code 2015, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 6. If use restrictions are revived pursuant 28 to chapter 564B, the recording date for purposes of the 29 twenty-one year limitation in subsection 1 shall be the date 30 the revived use restrictions are recorded under section 564B.6, 31 subsection 1. 32 Sec. 115. APPLICABILITY. This division of this Act applies 33 to common interest communities created prior to, and still in 34 existence on, July 1, 2015, and created on or after July 1, 35 -57- SF 510 (8) 86 tm/rn/jh 57/ 97
S.F. 510 2015. 1 DIVISION XVII 2 INTEROPERABLE COMMUNICATIONS 3 Sec. 116. Section 80.28, subsection 2, unnumbered paragraph 4 1, Code 2015, is amended to read as follows: 5 The board shall consist of fifteen seventeen voting members, 6 as follows: 7 Sec. 117. Section 80.28, subsection 2, paragraph b, 8 subparagraph (4), Code 2015, is amended to read as follows: 9 (4) Two members who are law public safety communication 10 center managers employed by state or local government agencies. 11 Sec. 118. Section 80.28, subsection 2, paragraph b, Code 12 2015, is amended by adding the following new subparagraphs: 13 NEW SUBPARAGRAPH . (05) One member representing local 14 emergency management coordinators. 15 NEW SUBPARAGRAPH . (005) One member representing emergency 16 medical service providers. 17 DIVISION XVIII 18 HUMAN TRAFFICKING 19 Sec. 119. Section 80B.11, subsection 1, paragraph c, Code 20 2015, is amended by adding the following new subparagraph: 21 NEW SUBPARAGRAPH . (4) In-service training under this 22 paragraph “c” shall include the requirement that all law 23 enforcement officers complete four hours of in-service training 24 every five years related to domestic assault, sexual assault, 25 human trafficking, stalking, and harassment. Such in-service 26 training shall be approved by the academy in consultation 27 with the Iowa coalition against sexual assault and the Iowa 28 coalition against domestic violence. 29 Sec. 120. NEW SECTION . 692.23 Human trafficking 30 information. 31 The division of criminal and juvenile justice planning 32 of the department of human rights shall collect and maintain 33 criminal history data on incidents related to human trafficking 34 in this state, and shall submit an annual report to the general 35 -58- SF 510 (8) 86 tm/rn/jh 58/ 97
S.F. 510 assembly concerning the collected data. For purposes of this 1 section, “incidents related to human trafficking” means criminal 2 violations of section 710.5, 710.11, or 710A.2, section 725.1, 3 subsection 2, or section 725.2 or 725.3, or violations of 4 section 710.2, 710.3, or 710.4 if the victim was forced to 5 provide labor or services or participate in commercial sexual 6 activity. 7 Sec. 121. Section 702.11, subsection 1, Code 2015, is 8 amended to read as follows: 9 1. A “forcible felony” is any felonious child endangerment, 10 assault, murder, sexual abuse, kidnapping, robbery, arson in 11 the first degree, or burglary in the first degree , or human 12 trafficking . 13 Sec. 122. NEW SECTION . 710A.6 Outreach, public awareness, 14 and training programs. 15 The crime victim assistance division of the department of 16 justice, in cooperation with other governmental agencies and 17 nongovernmental or community organizations, shall develop and 18 conduct outreach, public awareness, and training programs for 19 the general public, law enforcement agencies, first responders, 20 potential victims, and persons conducting or regularly dealing 21 with businesses or other ventures that have a high statistical 22 incidence of debt bondage or forced labor or services. The 23 programs shall train participants to recognize and report 24 incidents of human trafficking and to suppress the demand that 25 fosters exploitation of persons and leads to human trafficking. 26 Sec. 123. Section 915.94, Code 2015, is amended to read as 27 follows: 28 915.94 Victim compensation fund. 29 A victim compensation fund is established as a separate 30 fund in the state treasury. Moneys deposited in the fund 31 shall be administered by the department and dedicated to and 32 used for the purposes of section 915.41 and this subchapter . 33 In addition, the department may use moneys from the fund 34 for the purpose of the department’s prosecutor-based victim 35 -59- SF 510 (8) 86 tm/rn/jh 59/ 97
S.F. 510 service coordination, including the duties defined in sections 1 910.3 and 910.6 and this chapter , and for the award of funds 2 to programs that provide services and support to victims of 3 domestic abuse or sexual assault as provided in chapter 236 , 4 to victims under section 710A.2 , and for the support of an 5 automated victim notification system established in section 6 915.10A . The For each fiscal year, the department may also 7 use up to one three hundred thousand dollars from the fund 8 to provide training for victim service providers , to provide 9 training for related professionals concerning victim service 10 programming, and to provide training concerning homicide, 11 domestic assault, sexual assault, stalking, harassment, 12 and human trafficking as required by section 710A.6 . 13 Notwithstanding section 8.33 , any balance in the fund on June 14 30 of any fiscal year shall not revert to the general fund of 15 the state. 16 DIVISION XIX 17 SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS INTERNSHIP 18 Sec. 124. Section 15.411, subsection 3, Code 2015, is 19 amended to read as follows: 20 3. a. The authority shall establish and administer an 21 internship program with two components for Iowa students. 22 To the extent permitted by this subsection, the authority 23 shall administer the two components in as similar a manner as 24 possible. For purposes of this subsection , “Iowa student” means 25 a student of an Iowa community college, private college, or 26 institution of higher learning under the control of the state 27 board of regents, or a student who graduated from high school 28 in Iowa but now attends an institution of higher learning 29 outside the state of Iowa. 30 b. The purpose of the first component of the program is 31 to link Iowa students to small and medium sized Iowa firms 32 through internship opportunities. An Iowa employer may receive 33 financial assistance in an amount of one dollar for every 34 two dollars paid by the employer to an intern on a matching 35 -60- SF 510 (8) 86 tm/rn/jh 60/ 97
S.F. 510 basis for a portion of the wages paid to an intern . If 1 providing financial assistance, the authority shall provide 2 the assistance on a reimbursement basis such that for every 3 two dollars of wages earned by the student, one dollar paid by 4 the employer is matched by one dollar from the authority. The 5 amount of financial assistance shall not exceed three thousand 6 one hundred dollars for any single internship, or nine thousand 7 three hundred dollars for any single employer. In order to be 8 eligible to receive financial assistance under this paragraph, 9 the employer must have five hundred or fewer employees and must 10 be an innovative business. The authority shall encourage youth 11 who reside in economically distressed areas, youth adjudicated 12 to have committed a delinquent act, and youth transitioning out 13 of foster care to participate in the first component of the 14 internship program. 15 c. (1) The purpose of the second component of the program 16 is to assist in placing Iowa students studying in the fields 17 of science, technology, engineering, and mathematics into 18 internships that lead to permanent positions with Iowa 19 employers. The authority shall collaborate with eligible 20 employers, including but not limited to innovative businesses, 21 to ensure that the interns hired are studying in such fields. 22 An Iowa employer may receive financial assistance in an amount 23 of one dollar for every dollar paid by the employer to an 24 intern on a matching basis for a portion of the wages paid to 25 an intern . If providing financial assistance, the authority 26 shall provide the assistance on a reimbursement basis such 27 that for every two dollars of wages earned by the student, 28 one dollar paid by the employer is matched by one dollar from 29 the authority. The amount of financial assistance shall not 30 exceed five thousand dollars per internship. The authority may 31 adopt rules to administer this component. In adopting rules to 32 administer this component, the authority shall adopt rules as 33 similar as possible to those adopted pursuant to paragraph “b” . 34 (2) The requirement to administer this component of the 35 -61- SF 510 (8) 86 tm/rn/jh 61/ 97
S.F. 510 internship program is contingent upon the provision of funding 1 for such purposes by the general assembly. 2 Sec. 125. EMERGENCY RULES. The economic development 3 authority may adopt emergency rules under section 17A.4, 4 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 5 to implement the provisions of this division of this Act and 6 the rules shall be effective immediately upon filing unless 7 a later date is specified in the rules. Any rules adopted 8 in accordance with this section shall also be published as a 9 notice of intended action as provided in section 17A.4. 10 Sec. 126. EFFECTIVE UPON ENACTMENT. This division of this 11 Act, being deemed of immediate importance, takes effect upon 12 enactment. 13 Sec. 127. RETROACTIVE APPLICABILITY. This division of this 14 Act applies retroactively to July 1, 2014. 15 DIVISION XX 16 ANTIHARASSMENT AND ANTIBULLYING 17 Sec. 128. Section 256.9, Code 2015, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 66. Subject to an appropriation of funds by 20 the general assembly, ensure each school district has access to 21 adequate training on conducting investigations of complaints of 22 incidents of harassment or bullying pursuant to section 280.28 23 by offering such training on an annual basis to at least one 24 employee per district. 25 Sec. 129. NEW SECTION . 256.34 Bullying and violence 26 prevention student mentoring pilot program. 27 1. Subject to an appropriation of funds by the general 28 assembly, the department shall establish a student mentoring 29 pilot program to explore how student leadership can help 30 prevent bullying and violence in schools. The program shall 31 promote best practices for bullying and violence prevention for 32 middle and high school students. 33 2. The department shall establish the program in at least 34 two middle schools and two high schools in the state. The 35 -62- SF 510 (8) 86 tm/rn/jh 62/ 97
S.F. 510 selected schools shall include both urban and rural schools. 1 3. The department shall establish criteria for the 2 selection of participating schools and evaluation of the 3 program. 4 Sec. 130. Section 280.28, subsection 2, paragraphs a and c, 5 Code 2015, are amended to read as follows: 6 a. “Electronic” means any communication involving the 7 transmission of information by wire, radio, optical cable, 8 electromagnetic, or other similar means. “Electronic” includes 9 but is not limited to communication via electronic mail, 10 internet-based communications including social networking 11 sites , pager service, cell phones, and electronic text 12 messaging , or any other electronic communication site, device, 13 or means . 14 c. “Trait or characteristic of the student” includes but 15 is not limited to age, color, creed, national origin, race, 16 religion, marital status, sex, sexual orientation, gender 17 identity, physical attributes, physical or mental ability or 18 disability, ancestry, political party preference, political 19 belief, socioeconomic status, or familial status , behavior, or 20 any other distinguishing characteristic. This paragraph shall 21 be construed broadly to achieve the purposes of this section . 22 Sec. 131. Section 280.28, subsection 3, Code 2015, is 23 amended by adding the following new paragraph: 24 NEW PARAGRAPH . h. A procedure for the notification as 25 soon as practicable of the parents or guardians of the alleged 26 targeted students and perpetrators in a reported incident 27 of harassment or bullying. The procedure shall include an 28 exception to the notification requirement if a school official 29 or a student whose parent or guardian would otherwise be 30 notified reasonably believes notification would subject the 31 student to rejection, abuse, or neglect. 32 Sec. 132. Section 280.28, Code 2015, is amended by adding 33 the following new subsections: 34 NEW SUBSECTION . 9. Authority off school grounds. 35 -63- SF 510 (8) 86 tm/rn/jh 63/ 97
S.F. 510 a. A school official may investigate and impose school 1 discipline in a founded case of harassment or bullying that 2 occurs outside of school, off of school property, or away from 3 a school function or school-sponsored activity if all of the 4 following apply: 5 (1) An incident of harassment or bullying is reported 6 pursuant to the school’s policy adopted under subsection 3, 7 paragraph “e” . 8 (2) The alleged incident of harassment or bullying has 9 an effect on a student on school grounds that creates an 10 objectively hostile school environment that meets one or more 11 of the conditions set out under subsection 2, paragraph “b” . 12 b. A school official’s investigation and response to an 13 alleged incident of bullying or harassment that occurs outside 14 of school, off of school property, or away from a school 15 function or school-sponsored activity may include referring 16 the matter to appropriate community-based agencies including 17 but not limited to social services agencies, law enforcement 18 agencies, and nonprofit organizations. 19 NEW SUBSECTION . 10. Rule of construction. This section 20 shall not be construed to diminish a school administrator’s 21 discretion to impose discipline or take other action in the 22 case of an unfounded incident of harassment or bullying if a 23 student’s behavior otherwise constitutes student misconduct 24 based on other grounds. 25 Sec. 133. Section 282.18, subsection 11, Code 2015, is 26 amended to read as follows: 27 11. A pupil who participates in open enrollment for purposes 28 of attending a grade in grades nine through twelve in a school 29 district other than the district of residence is ineligible to 30 participate in varsity interscholastic athletic contests and 31 athletic competitions during the pupil’s first ninety school 32 days of enrollment in the district except that the pupil may 33 participate immediately in a varsity interscholastic sport if 34 the pupil is entering grade nine for the first time and did 35 -64- SF 510 (8) 86 tm/rn/jh 64/ 97
S.F. 510 not participate in an interscholastic athletic competition for 1 another school or school district during the summer immediately 2 following eighth grade, if the district of residence and the 3 other school district jointly participate in the sport, if the 4 sport in which the pupil wishes to participate is not offered 5 in the district of residence, if the pupil chooses to use 6 open enrollment to attend school in another school district 7 because the district in which the student previously attended 8 school was dissolved and merged with one or more contiguous 9 school districts under section 256.11, subsection 12 , if the 10 pupil participates in open enrollment because the pupil’s 11 district of residence has entered into a whole grade sharing 12 agreement with another district for the pupil’s grade, or if 13 the parent or guardian of the pupil participating in open 14 enrollment is an active member of the armed forces and resides 15 in permanent housing on government property provided by a 16 branch of the armed services , or if the district of residence 17 determines that the pupil was subject to a founded incident 18 of harassment or bullying as defined in section 280.28 while 19 attending school in the district of residence in the current or 20 previous school year and both the district of residence and the 21 other school district agree to allow the pupil to participate 22 immediately in a varsity interscholastic sport . A pupil who 23 has paid tuition and attended school, or has attended school 24 pursuant to a mutual agreement between the two districts, 25 in a district other than the pupil’s district of residence 26 for at least one school year is also eligible to participate 27 immediately in interscholastic athletic contests and athletic 28 competitions under this section , but only as a member of a team 29 from the district that pupil had attended. For purposes of 30 this subsection , “school days of enrollment” does not include 31 enrollment in summer school. For purposes of this subsection , 32 “varsity” means the same as defined in section 256.46 . 33 Sec. 134. SCHOOL CLIMATE AND BULLYING WORK GROUP. 34 1. The department of education shall convene a 35 -65- SF 510 (8) 86 tm/rn/jh 65/ 97
S.F. 510 public-private work group of representatives of state and local 1 agencies, citizens, community groups, and organizations who 2 have experience and expertise in the areas of antibullying 3 education, research, and training. The work group, after 4 reviewing existing research, data, and strategies, shall 5 provide recommendations to the department regarding best 6 practices, training, resources, additional research needs, 7 data collection, changes to state law and administrative 8 rules, and any other matters to enhance statewide school 9 climate improvement and bullying prevention, awareness, and 10 intervention. 11 2. The membership of the work group shall include but not be 12 limited to the following, to be appointed by the director: 13 a. At least three Iowans who are experts in research-based 14 antibullying curricula or programs. 15 b. A public or nonpublic high school student. 16 c. A parent of a student enrolled in a public elementary or 17 secondary school on a full-time basis. 18 d. A parent of a student enrolled in a nonpublic elementary 19 or secondary school on a full-time basis. 20 e. A member from nominees submitted by the school 21 administrators of Iowa. 22 f. A member from nominees submitted by the Iowa association 23 of school boards. 24 g. A member from nominees submitted by the Iowa state 25 education association. 26 h. Representatives from any organizations representing 27 other relevant public or nonpublic school professionals. 28 i. A representative from a statewide organization that 29 provides research-based training on bullying for school 30 professionals. 31 j. A representative from at least one statewide 32 organization with at least five years’ experience in advocating 33 on bullying prevention based on research-based best practices. 34 k. A representative for children placed in foster care. 35 -66- SF 510 (8) 86 tm/rn/jh 66/ 97
S.F. 510 l. A representative of school counselors. 1 m. A member from nominees submitted by the Iowa parent 2 teacher association. 3 3. When making appointments to the work group, the director 4 shall ensure that public, nonpublic, urban, and rural schools 5 are adequately represented by the membership of the work group. 6 4. The work group shall also include two ex officio members 7 of each house of the general assembly. One member each shall 8 be selected by the majority leader of the senate and by the 9 minority leader of the senate, and one member each shall be 10 selected by the speaker of the house of representatives and by 11 the minority leader of the house of representatives. Members 12 of the general assembly shall serve for terms as provided in 13 section 69.16B and shall be entitled to receive per diem and 14 necessary travel and actual expenses pursuant to section 2.10, 15 subsection 5, while carrying out their official duties as 16 members of the work group. 17 5. The department shall convene the work group by October 18 1, 2015. The work group shall submit its findings and 19 recommendations in a final report to the department and the 20 chairpersons and ranking members of the senate and house 21 education committees by December 15, 2016. 22 DIVISION XXI 23 SCHOOL DISTRICT PROPERTY TAX 24 REPLACEMENT PAYMENTS 25 Sec. 135. Section 257.16B, subsection 2, paragraph c, 26 unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate 27 File 173, section 3, is amended to read as follows: 28 For each the budget year beginning on or after July 1, 2015, 29 unless otherwise provided by law, the department of management 30 shall calculate for each school district all of the following: 31 Sec. 136. Section 257.16B, subsection 2, paragraph c, 32 subparagraph (3), as enacted by 2015 Iowa Acts, Senate File 33 173, section 3, is amended to read as follows: 34 (3) The amount of each school district’s property tax 35 -67- SF 510 (8) 86 tm/rn/jh 67/ 97
S.F. 510 replacement payment. Each school district’s property tax 1 replacement payment equals the school district’s weighted 2 enrollment for the budget year beginning July 1, 2015, 3 multiplied by the remainder of the amount calculated for 4 the school district under subparagraph (2) minus the amount 5 calculated for the school district under subparagraph (1). 6 Sec. 137. Section 257.16B, subsection 2, Code 2015, is 7 amended by adding the following new paragraph: 8 NEW PARAGRAPH . d. For each budget year beginning on 9 or after July 1, 2016, the department of management shall 10 calculate for each school district all of the following: 11 (1) The regular program state cost per pupil for the budget 12 year beginning July 1, 2012, multiplied by one hundred percent 13 less the regular program foundation base per pupil percentage 14 pursuant to section 257.1. 15 (2) The regular program state cost per pupil for the budget 16 year beginning July 1, 2016, multiplied by one hundred percent 17 less the regular program foundation base per pupil percentage 18 pursuant to section 257.1. 19 (3) The amount of each school district’s property tax 20 replacement payment. Each school district’s property tax 21 replacement payment equals the school district’s weighted 22 enrollment for the budget year multiplied by the remainder 23 of the amount calculated for the school district under 24 subparagraph (2) minus the amount calculated for the school 25 district under subparagraph (1). 26 DIVISION XXII 27 CONTROLLED SUBSTANCES 28 Sec. 138. Section 124.201, subsection 4, Code 2015, is 29 amended to read as follows: 30 4. If any new substance is designated as a controlled 31 substance under federal law and notice of the designation is 32 given to the board, the board shall similarly designate as 33 controlled the new substance under this chapter after the 34 expiration of thirty days from publication in the federal 35 -68- SF 510 (8) 86 tm/rn/jh 68/ 97
S.F. 510 register of a final order designating a new substance as a 1 controlled substance, unless within that thirty-day period 2 the board objects to the new designation. In that case the 3 board shall publish the reasons for objection and afford 4 all interested parties an opportunity to be heard. At 5 the conclusion of the hearing the board shall announce its 6 decision. Upon publication of objection to a new substance 7 being designated as a controlled substance under this chapter 8 by the board, control under this chapter is stayed until the 9 board publishes its decision. If a substance is designated 10 as controlled by the board under this subsection the control 11 shall be considered a temporary and if, within sixty days after 12 the next regular session of the general assembly convenes, 13 the general assembly has not made the corresponding changes 14 in this chapter , the temporary designation of control of 15 the substance by the board shall be nullified amendment to 16 the schedules of controlled substances in this chapter . If 17 the board so designates a substance as controlled, which 18 is considered a temporary amendment to the schedules of 19 controlled substances in this chapter, and if the general 20 assembly does not amend this chapter to enact the temporary 21 amendment and make the enactment effective within two years 22 from the date the temporary amendment first became effective, 23 the temporary amendment is repealed by operation of law two 24 years from the effective date of the temporary amendment. A 25 temporary amendment repealed by operation of law is subject to 26 section 4.13 relating to the construction of statutes and the 27 application of a general savings provision. 28 Sec. 139. Section 124.204, subsection 4, Code 2015, is 29 amended by adding the following new paragraphs: 30 NEW PARAGRAPH . al. 4-methyl-N-ethylcathinone. Other names: 31 4-MEC, 2-(ethylamino)-1-(4-methylphenyl)propan-1-one. 32 NEW PARAGRAPH . am. 4-methyl-alpha- 33 pyrrolidinopropiophenone. Other names: 4-MePPP, 34 MePPP, 4-methyl-[alpha]-pyrrolidinopropiophenone, 35 -69- SF 510 (8) 86 tm/rn/jh 69/ 97
S.F. 510 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one. 1 NEW PARAGRAPH . an. Alpha-pyrrolidinopentiophenone. 2 Other names: [alpha]-PVP, [alpha]-pyrrolidinovalerophenone, 3 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one. 4 NEW PARAGRAPH . ao. Butylone. Other names: bk-MBDB, 5 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one. 6 NEW PARAGRAPH . ap. Pentedrone. Other 7 names: [alpha]-methylaminovalerophenone, 8 2-(methylamino)-1-phenylpentan-1-one. 9 NEW PARAGRAPH . aq. Pentylone. Other names: bk-MBDP, 10 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. 11 NEW PARAGRAPH . ar. 4-fluoro-N-methylcathinone. 12 Other names: 4-FMC, flephedrone, 13 1-(4-fluorophenyl)-2-(methylamino)propan-1-one. 14 NEW PARAGRAPH . as. 3-fluoro-N-methylcathinone. Other 15 names: 3-FMC, 1-(3-fluorophenyl)-2-(methylamino)propan-1-one. 16 NEW PARAGRAPH . at. Naphyrone. Other names: 17 naphthylpyrovalerone, 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) 18 pentan-1-one. 19 NEW PARAGRAPH . au. Alpha-pyrrolidinobutiophenone. Other 20 names: [alpha]-PBP, 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one. 21 Sec. 140. Section 124.204, subsection 9, Code 2015, is 22 amended by adding the following new paragraphs: 23 NEW PARAGRAPH . g. Quinolin-8-yl 1-pentyl-1H-indole- 24 3-carboxylate. Other names: PB-22, QUPIC. 25 NEW PARAGRAPH . h. Quinolin-8-yl 1-(5-fluoropentyl)-1H- 26 indole-3-carboxylate. Other names: 5-fluoro-PB-22, 5F-PB-22. 27 NEW PARAGRAPH . i. N-(1-amino-3-methyl-1- 28 oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide. 29 Other name: AB-FUBINACA. 30 NEW PARAGRAPH . j. N-(1-amino-3,3-dimethyl-1- 31 oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide. Other name: 32 ADB-PINACA. 33 Sec. 141. Section 124.208, subsection 5, paragraph a, 34 subparagraphs (3) and (4), Code 2015, are amended by striking 35 -70- SF 510 (8) 86 tm/rn/jh 70/ 97
S.F. 510 the subparagraphs. 1 Sec. 142. Section 124.210, subsection 2, Code 2015, is 2 amended by adding the following new paragraph: 3 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 4 (3-methoxyphenyl)cyclohexanol, its salts, optical and geometric 5 isomers, and salts of these isomers (including tramadol). 6 Sec. 143. Section 124.210, subsection 3, Code 2015, is 7 amended by adding the following new paragraphs: 8 NEW PARAGRAPH . bb. Alfaxalone. 9 NEW PARAGRAPH . bc. Suvorexant. 10 DIVISION XXIII 11 GREYHOUND RACING 12 Sec. 144. Section 99D.9C, subsection 2, paragraph a, Code 13 2015, is amended to read as follows: 14 a. The Iowa greyhound association shall establish an 15 escrow fund under its control for the receipt and deposit 16 of moneys transferred to the Iowa greyhound association 17 pursuant to section 99D.9B . The Iowa greyhound association 18 shall use moneys in the escrow fund to pay all reasonable 19 and necessary costs and fees associated with conducting live 20 racing and pari-mutuel wagering on simultaneously telecast 21 horse or dog races, including but not limited to regulatory and 22 administrative fees, capital improvements, purse supplements, 23 operational costs, obligations pursuant to any purse supplement 24 agreement as amended and approved by the commission, payment 25 of rents for leased facilities and costs of maintenance of 26 leased facilities, payment for products and services provided 27 by the licensee authorized to conduct gambling games in Dubuque 28 county pursuant to section 99F.4A, subsection 9 , costs to 29 maintain the license, costs for posting a bond as required by 30 section 99D.10 , and administrative costs and fees incurred 31 in connection with the pursuit of the continuation of live 32 greyhound racing. Notwithstanding any action taken by the 33 commission prior to the effective date of this division of this 34 Act regarding the escrow fund created pursuant to an arbitrator 35 -71- SF 510 (8) 86 tm/rn/jh 71/ 97
S.F. 510 decision and award dated December 22, 1995, all moneys in the 1 escrow fund created pursuant to the arbitrator decision and 2 award shall be transferred to the escrow fund created pursuant 3 to this subsection and shall be administered pursuant to this 4 subsection. The Iowa greyhound association shall take all 5 action necessary to facilitate the transfer of moneys. 6 Sec. 145. EFFECTIVE UPON ENACTMENT. This division of this 7 Act, being deemed of immediate importance, takes effect upon 8 enactment. 9 DIVISION XXIV 10 INTERSTATE MEDICAL LICENSURE COMPACT 11 Sec. 146. NEW SECTION . 148G.1 Interstate medical licensure 12 compact. 13 1. Purpose. 14 a. In order to strengthen access to health care, and in 15 recognition of the advances in the delivery of health care, 16 the member states of the interstate medical licensure compact 17 have allied in common purpose to develop a comprehensive 18 process that complements the existing licensing and regulatory 19 authority of state medical boards and provides a streamlined 20 process that allows physicians to become licensed in multiple 21 states, thereby enhancing the portability of a medical license 22 and ensuring the safety of patients. The compact creates 23 another pathway for licensure and does not otherwise change 24 a state’s existing medical practice act. The compact also 25 adopts the prevailing standard for licensure and affirms that 26 the practice of medicine occurs where the patient is located 27 at the time of the physician-patient encounter, and therefore, 28 requires the physician to be under the jurisdiction of the 29 state medical board where the patient is located. 30 b. State medical boards that participate in the compact 31 retain the jurisdiction to impose an adverse action against 32 a license to practice medicine in that state issued to a 33 physician through the procedures in the compact. 34 2. Definitions. In this compact: 35 -72- SF 510 (8) 86 tm/rn/jh 72/ 97
S.F. 510 a. “Bylaws” means those bylaws established by the interstate 1 commission pursuant to subsection 11 for its governance, or for 2 directing and controlling its actions and conduct. 3 b. “Commissioner” means the voting representative appointed 4 by each member board pursuant to subsection 11. 5 c. “Conviction” means a finding by a court that 6 an individual is guilty of a criminal offense through 7 adjudication, or entry of a plea of guilt or no contest to the 8 charge by the offender. Evidence of an entry of a conviction 9 of a criminal offense by the court shall be considered final 10 for purposes of disciplinary action by a member board. 11 d. “Expedited license” means a full and unrestricted medical 12 license granted by a member state to an eligible physician 13 through the process set forth in the compact. 14 e. “Interstate commission” means the interstate commission 15 created pursuant to this section. 16 f. “License” means authorization by a state for a physician 17 to engage in the practice of medicine, which would be unlawful 18 without the authorization. 19 g. “Medical practice act” means laws and regulations 20 governing the practice of allopathic and osteopathic medicine 21 within a member state. 22 h. “Member board” means a state agency in a member state 23 that acts in the sovereign interests of the state by protecting 24 the public through licensure, regulation, and education of 25 physicians as directed by the state government. 26 i. “Member state” means a state that has enacted the 27 compact. 28 j. “Offense” means a felony, gross misdemeanor, or crime of 29 moral turpitude. 30 k. “Physician” means any person who satisfies all of the 31 following: 32 (1) Is a graduate of a medical school accredited by the 33 liaison committee on medical education, the commission on 34 osteopathic college accreditation, or a medical school listed 35 -73- SF 510 (8) 86 tm/rn/jh 73/ 97
S.F. 510 in the international medical education directory or its 1 equivalent. 2 (2) Passed each component of the United States medical 3 licensing examination or the comprehensive osteopathic medical 4 licensing examination within three attempts, or any of its 5 predecessor examinations accepted by a state medical board as 6 an equivalent examination for licensure purposes. 7 (3) Successfully completed graduate medical education 8 approved by the accreditation council for graduate medical 9 education or the American osteopathic association. 10 (4) Holds specialty certification or a time-unlimited 11 specialty certificate recognized by the American board of 12 medical specialties or the American osteopathic association’s 13 bureau of osteopathic specialists. 14 (5) Possesses a full and unrestricted license to engage in 15 the practice of medicine issued by a member board. 16 (6) Has never been convicted, received adjudication, 17 deferred adjudication, community supervision, or deferred 18 disposition for any offense by a court of appropriate 19 jurisdiction. 20 (7) Has never held a license authorizing the practice of 21 medicine subjected to discipline by a licensing agency in any 22 state, federal, or foreign jurisdiction, excluding any action 23 related to nonpayment of fees related to a license. 24 (8) Has never had a controlled substance license or permit 25 suspended or revoked by a state or the United States drug 26 enforcement administration. 27 (9) Is not under active investigation by a licensing agency 28 or law enforcement authority in any state, federal, or foreign 29 jurisdiction. 30 l. “Practice of medicine” means the clinical prevention, 31 diagnosis, or treatment of human disease, injury, or condition 32 requiring a physician to obtain and maintain a license in 33 compliance with the medical practice act of a member state. 34 m. “Rule” means a written statement by the interstate 35 -74- SF 510 (8) 86 tm/rn/jh 74/ 97
S.F. 510 commission promulgated pursuant to subsection 12 that is of 1 general applicability, implements, interprets, or prescribes 2 a policy or provision of the compact, or an organizational, 3 procedural, or practice requirement of the interstate 4 commission, and has the force and effect of statutory law in a 5 member state, and includes the amendment, repeal, or suspension 6 of an existing rule. 7 n. “State” means any state, commonwealth, district, or 8 territory of the United States. 9 o. “State of principal license” means a member state where 10 a physician holds a license to practice medicine and which 11 has been designated as such by the physician for purposes of 12 registration and participation in the compact. 13 3. Eligibility. 14 a. A physician must meet the eligibility requirements as 15 defined in subsection 2, paragraph “k” , to receive an expedited 16 license under the terms and provisions of the compact. 17 b. A physician who does not meet the requirements of 18 subsection 2, paragraph “k” , may obtain a license to practice 19 medicine in a member state if the individual complies with all 20 laws and requirements, other than the compact, relating to the 21 issuance of a license to practice medicine in that state. 22 4. Designation of state of principal license. 23 a. A physician shall designate a member state as the state 24 of principal license for purposes of registration for expedited 25 licensure through the compact if the physician possesses a full 26 and unrestricted license to practice medicine in that state, 27 and the state is: 28 (1) The state of primary residence for the physician, or 29 (2) The state where at least twenty-five percent of the 30 practice of medicine occurs, or 31 (3) The location of the physician’s employer, or 32 (4) If no state qualifies under subparagraph (1), 33 subparagraph (2), or subparagraph (3), the state designated as 34 state of residence for purposes of federal income tax. 35 -75- SF 510 (8) 86 tm/rn/jh 75/ 97
S.F. 510 b. A physician may redesignate a member state as the state 1 of principal license at any time, as long as the state meets 2 the requirements in paragraph “a” . 3 c. The interstate commission is authorized to develop rules 4 to facilitate redesignation of another member state as the 5 state of principal license. 6 5. Application and issuance of expedited licensure. 7 a. A physician seeking licensure through the compact shall 8 file an application for an expedited license with the member 9 board of the state selected by the physician as the state of 10 principal license. 11 b. Upon receipt of an application for an expedited 12 license, the member board within the state selected as 13 the state of principal license shall evaluate whether the 14 physician is eligible for expedited licensure and issue a 15 letter of qualification, verifying or denying the physician’s 16 eligibility, to the interstate commission. 17 (1) Static qualifications, which include verification of 18 medical education, graduate medical education, results of any 19 medical or licensing examination, and other qualifications as 20 determined by the interstate commission through rule, shall 21 not be subject to additional primary source verification where 22 already primary source-verified by the state of principal 23 license. 24 (2) The member board within the state selected as the 25 state of principal license shall, in the course of verifying 26 eligibility, perform a criminal background check of an 27 applicant, including the use of the results of fingerprint or 28 other biometric data checks compliant with the requirements 29 of the federal bureau of investigation, with the exception 30 of federal employees who have suitability determination in 31 accordance with 5 C.F.R. §731.202. 32 (3) Appeal on the determination of eligibility shall be made 33 to the member state where the application was filed and shall 34 be subject to the law of that state. 35 -76- SF 510 (8) 86 tm/rn/jh 76/ 97
S.F. 510 c. Upon verification in paragraph “b” , physicians eligible 1 for an expedited license shall complete the registration 2 process established by the interstate commission to receive a 3 license in a member state selected pursuant to paragraph “a” , 4 including the payment of any applicable fees. 5 d. After receiving verification of eligibility under 6 paragraph “b” and any fees under paragraph “c” , a member board 7 shall issue an expedited license to the physician. This 8 license shall authorize the physician to practice medicine in 9 the issuing state consistent with the medical practice act and 10 all applicable laws and regulations of the issuing member board 11 and member state. 12 e. An expedited license shall be valid for a period 13 consistent with the licensure period in the member state and in 14 the same manner as required for other physicians holding a full 15 and unrestricted license within the member state. 16 f. An expedited license obtained through the compact shall 17 be terminated if a physician fails to maintain a license in 18 the state of principal license for a nondisciplinary reason, 19 without redesignation of a new state of principal license. 20 g. The interstate commission is authorized to develop rules 21 regarding the application process, including payment of any 22 applicable fees, and the issuance of an expedited license. 23 6. Fees for expedited licensure. 24 a. A member state issuing an expedited license authorizing 25 the practice of medicine in that state may impose a fee for a 26 license issued or renewed through the compact. 27 b. The interstate commission is authorized to develop rules 28 regarding fees for expedited licenses. 29 7. Renewal and continued participation. 30 a. A physician seeking to renew an expedited license granted 31 in a member state shall complete a renewal process with the 32 interstate commission if the physician satisfies the following: 33 (1) Maintains a full and unrestricted license in a state of 34 principal license. 35 -77- SF 510 (8) 86 tm/rn/jh 77/ 97
S.F. 510 (2) Has not been convicted, received adjudication, deferred 1 adjudication, community supervision, or deferred disposition 2 for any offense by a court of appropriate jurisdiction. 3 (3) Has not had a license authorizing the practice of 4 medicine subject to discipline by a licensing agency in any 5 state, federal, or foreign jurisdiction, excluding any action 6 related to nonpayment of fees related to a license. 7 (4) Has not had a controlled substance license or permit 8 suspended or revoked by a state or the United States drug 9 enforcement administration. 10 b. Physicians shall comply with all continuing professional 11 development or continuing medical education requirements for 12 renewal of a license issued by a member state. 13 c. The interstate commission shall collect any renewal fees 14 charged for the renewal of a license and distribute the fees 15 to the applicable member board. 16 d. Upon receipt of any renewal fees collected in paragraph 17 “c” , a member board shall renew the physician’s license. 18 e. Physician information collected by the interstate 19 commission during the renewal process will be distributed to 20 all member boards. 21 f. The interstate commission is authorized to develop rules 22 to address renewal of licenses obtained through the compact. 23 8. Coordinated information system. 24 a. The interstate commission shall establish a database of 25 all physicians licensed, or who have applied for licensure, 26 under subsection 5. 27 b. Notwithstanding any other provision of law, member boards 28 shall report to the interstate commission any public action 29 or complaints against a licensed physician who has applied or 30 received an expedited license through the compact. 31 c. Member boards shall report disciplinary or investigatory 32 information determined as necessary and proper by rule of the 33 interstate commission. 34 d. Member boards may report any nonpublic complaint, 35 -78- SF 510 (8) 86 tm/rn/jh 78/ 97
S.F. 510 disciplinary, or investigatory information not required by 1 paragraph “c” to the interstate commission. 2 e. Member boards shall share complaint or disciplinary 3 information about a physician upon request of another member 4 board. 5 f. All information provided to the interstate commission or 6 distributed by member boards shall be confidential, filed under 7 seal, and used only for investigatory or disciplinary matters. 8 g. The interstate commission is authorized to develop rules 9 for mandated or discretionary sharing of information by member 10 boards. 11 9. Joint investigations. 12 a. Licensure and disciplinary records of physicians are 13 deemed investigative. 14 b. In addition to the authority granted to a member board by 15 its respective medical practice Act or other applicable state 16 law, a member board may participate with other member boards 17 in joint investigations of physicians licensed by the member 18 boards. 19 c. A subpoena issued by a member state shall be enforceable 20 in other member states. 21 d. Member boards may share any investigative, litigation, or 22 compliance materials in furtherance of any joint or individual 23 investigation initiated under the compact. 24 e. Any member state may investigate actual or alleged 25 violations of the statutes authorizing the practice of medicine 26 in any other member state in which a physician holds a license 27 to practice medicine. 28 10. Disciplinary actions. 29 a. Any disciplinary action taken by any member board against 30 a physician licensed through the compact shall be deemed 31 unprofessional conduct which may be subject to discipline 32 by other member boards, in addition to any violation of the 33 medical practice Act or regulations in that state. 34 b. If a license granted to a physician by the member board 35 -79- SF 510 (8) 86 tm/rn/jh 79/ 97
S.F. 510 in the state of principal license is revoked, surrendered, 1 or relinquished in lieu of discipline, or suspended, then 2 all licenses issued to the physician by member boards shall 3 automatically be placed, without further action necessary by 4 any member board, on the same status. If the member board 5 in the state of principal license subsequently reinstates 6 the physician’s license, a license issued to the physician 7 by any other member board shall remain encumbered until that 8 respective member board takes action to reinstate the license 9 in a manner consistent with the medical practice Act of that 10 state. 11 c. If disciplinary action is taken against a physician by a 12 member board not in the state of principal license, any other 13 member board may deem the action conclusive as to matter of law 14 and fact decided and either: 15 (1) Impose the same or lesser sanctions against the 16 physician so long as such sanctions are consistent with the 17 medical practice Act of that state, or 18 (2) Pursue separate disciplinary action against the 19 physician under its respective medical practice Act, regardless 20 of the action taken in other member states. 21 d. If a license granted to a physician by a member board is 22 revoked, surrendered, or relinquished in lieu of discipline, 23 or suspended, then any licenses issued to the physician by 24 any other member boards shall be suspended, automatically and 25 immediately without further action necessary by the other 26 member boards, for ninety days upon entry of the order by the 27 disciplining board, to permit the member boards to investigate 28 the basis for the action under the medical practice Act of that 29 state. A member board may terminate the automatic suspension 30 of the license it issued prior to the completion of the 31 ninety-day suspension period in a manner consistent with the 32 medical practice Act of that state. 33 11. Interstate medical licensure compact commission. 34 a. The member states hereby create the interstate medical 35 -80- SF 510 (8) 86 tm/rn/jh 80/ 97
S.F. 510 licensure compact commission. 1 b. The purpose of the interstate commission is the 2 administration of the interstate medical licensure compact, 3 which is a discretionary state function. 4 c. The interstate commission shall be a body corporate 5 and joint agency of the member states and shall have all the 6 responsibilities, powers, and duties set forth in the compact, 7 and such additional powers as may be conferred upon it by a 8 subsequent concurrent action of the respective legislatures of 9 the member states in accordance with the terms of the compact. 10 d. The interstate commission shall consist of two voting 11 representatives appointed by each member state who shall serve 12 as commissioners. In states where allopathic and osteopathic 13 physicians are regulated by separate member boards, or if 14 the licensing and disciplinary authority is split between 15 multiple member boards within a member state, the member state 16 shall appoint one representative from each member board. A 17 commissioner shall be one of the following: 18 (1) An allopathic or osteopathic physician appointed to a 19 member board. 20 (2) An executive director, executive secretary, or similar 21 executive of a member board. 22 (3) A member of the public appointed to a member board. 23 e. The interstate commission shall meet at least once each 24 calendar year. A portion of this meeting shall be a business 25 meeting to address such matters as may properly come before 26 the commission, including the election of officers. The 27 chairperson may call additional meetings and shall call for a 28 meeting upon the request of a majority of the member states. 29 f. The bylaws may provide for meetings of the interstate 30 commission to be conducted by telecommunication or electronic 31 communication. 32 g. Each commissioner participating at a meeting of the 33 interstate commission is entitled to one vote. A majority of 34 commissioners shall constitute a quorum for the transaction 35 -81- SF 510 (8) 86 tm/rn/jh 81/ 97
S.F. 510 of business, unless a larger quorum is required by the bylaws 1 of the interstate commission. A commissioner shall not 2 delegate a vote to another commissioner. In the absence of its 3 commissioner, a member state may delegate voting authority for 4 a specified meeting to another person from that state who shall 5 meet the requirements of paragraph “d” . 6 h. The interstate commission shall provide public notice 7 of all meetings and all meetings shall be open to the public. 8 The interstate commission may close a meeting, in full or 9 in portion, where it determines by a two-thirds vote of the 10 commissioners present that an open meeting would be likely to 11 result in one or more of the following: 12 (1) Relate solely to the internal personnel practices and 13 procedures of the interstate commission. 14 (2) Discuss matters specifically exempted from disclosure 15 by federal statute. 16 (3) Discuss trade secrets, commercial, or financial 17 information that is privileged or confidential. 18 (4) Involve accusing a person of a crime, or formally 19 censuring a person. 20 (5) Discuss information of a personal nature where 21 disclosure would constitute a clearly unwarranted invasion of 22 personal privacy. 23 (6) Discuss investigative records compiled for law 24 enforcement purposes. 25 (7) Specifically relate to the participation in a civil 26 action or other legal proceeding. 27 i. The interstate commission shall keep minutes which shall 28 fully describe all matters discussed in a meeting and shall 29 provide a full and accurate summary of actions taken, including 30 record of any roll call votes. 31 j. The interstate commission shall make its information 32 and official records, to the extent not otherwise designated 33 in the compact or by its rules, available to the public for 34 inspection. 35 -82- SF 510 (8) 86 tm/rn/jh 82/ 97
S.F. 510 k. The interstate commission shall establish an executive 1 committee, which shall include officers, members, and others as 2 determined by the bylaws. The executive committee shall have 3 the power to act on behalf of the interstate commission, with 4 the exception of rulemaking, during periods when the interstate 5 commission is not in session. When acting on behalf of the 6 interstate commission, the executive committee shall oversee 7 the administration of the compact including enforcement and 8 compliance with the provisions of the compact, its bylaws and 9 rules, and other such duties as necessary. 10 l. The interstate commission may establish other committees 11 for governance and administration of the compact. 12 12. Powers and duties of the interstate commission. The 13 interstate commission shall have power to perform the following 14 functions: 15 a. Oversee and maintain the administration of the compact. 16 b. Promulgate rules which shall be binding to the extent and 17 in the manner provided for in the compact. 18 c. Issue, upon the request of a member state or 19 member board, advisory opinions concerning the meaning or 20 interpretation of the compact, its bylaws, rules, and actions. 21 d. Enforce compliance with compact provisions, the rules 22 promulgated by the interstate commission, and the bylaws, using 23 all necessary and proper means, including but not limited to 24 the use of judicial process. 25 e. Establish and appoint committees including but not 26 limited to an executive committee as required by subsection 11, 27 which shall have the power to act on behalf of the interstate 28 commission in carrying out its powers and duties. 29 f. Pay, or provide for the payment of, the expenses related 30 to the establishment, organization, and ongoing activities of 31 the interstate commission. 32 g. Establish and maintain one or more offices. 33 h. Borrow, accept, hire, or contract for services of 34 personnel. 35 -83- SF 510 (8) 86 tm/rn/jh 83/ 97
S.F. 510 i. Purchase and maintain insurance and bonds. 1 j. Employ an executive director who shall have such 2 powers to employ, select, or appoint employees, agents, or 3 consultants, and to determine their qualifications, define 4 their duties, and fix their compensation. 5 k. Establish personnel policies and programs relating 6 to conflicts of interest, rates of compensation, and 7 qualifications of personnel. 8 l. Accept donations and grants of money, equipment, 9 supplies, materials, and services, and to receive, utilize, and 10 dispose of the same in a manner consistent with the conflict of 11 interest policies established by the interstate commission. 12 m. Lease, purchase, accept contributions or donations of, or 13 otherwise to own, hold, improve, or use, any property, real, 14 personal, or mixed. 15 n. Sell, convey, mortgage, pledge, lease, exchange, abandon, 16 or otherwise dispose of any property, real, personal, or mixed. 17 o. Establish a budget and make expenditures. 18 p. Adopt a seal and bylaws governing the management and 19 operation of the interstate commission. 20 q. Report annually to the legislatures and governors of 21 the member states concerning the activities of the interstate 22 commission during the preceding year. Such reports shall also 23 include reports of financial audits and any recommendations 24 that may have been adopted by the interstate commission. 25 r. Coordinate education, training, and public awareness 26 regarding the compact, its implementation, and its operation. 27 s. Maintain records in accordance with the bylaws. 28 t. Seek and obtain trademarks, copyrights, and patents. 29 u. Perform such functions as may be necessary or appropriate 30 to achieve the purposes of the compact. 31 13. Finance powers. 32 a. The interstate commission may levy on and collect an 33 annual assessment from each member state to cover the cost of 34 the operations and activities of the interstate commission and 35 -84- SF 510 (8) 86 tm/rn/jh 84/ 97
S.F. 510 its staff. The total assessment must be sufficient to cover 1 the annual budget approved each year for which revenue is not 2 provided by other sources. The aggregate annual assessment 3 amount shall be allocated upon a formula to be determined 4 by the interstate commission, which shall promulgate a rule 5 binding upon all member states. 6 b. The interstate commission shall not incur obligations of 7 any kind prior to securing the funds adequate to meet the same. 8 c. The interstate commission shall not pledge the credit of 9 any of the member states, except by, and with the authority of, 10 the member state. 11 d. The interstate commission shall be subject to a yearly 12 financial audit conducted by a certified or licensed public 13 accountant and the report of the audit shall be included in the 14 annual report of the interstate commission. 15 14. Organization and operation of the interstate commission. 16 a. The interstate commission shall, by a majority of 17 commissioners present and voting, adopt bylaws to govern its 18 conduct as may be necessary or appropriate to carry out the 19 purposes of the compact within twelve months of the first 20 interstate commission meeting. 21 b. The interstate commission shall elect or appoint annually 22 from among its commissioners a chairperson, a vice chairperson, 23 and a treasurer, each of whom shall have such authority and 24 duties as may be specified in the bylaws. The chairperson, 25 or in the chairperson’s absence or disability, the vice 26 chairperson, shall preside at all meetings of the interstate 27 commission. 28 c. Officers selected in paragraph “b” shall serve without 29 remuneration from the interstate commission. 30 d. The officers and employees of the interstate commission 31 shall be immune from suit and liability, either personally or 32 in their official capacity, for a claim for damage to or loss 33 of property or personal injury or other civil liability caused 34 or arising out of, or relating to, an actual or alleged act, 35 -85- SF 510 (8) 86 tm/rn/jh 85/ 97
S.F. 510 error, or omission that occurred, or that such person had a 1 reasonable basis for believing occurred, within the scope of 2 interstate commission employment, duties, or responsibilities, 3 provided that such person shall not be protected from suit or 4 liability for damage, loss, injury, or liability caused by the 5 intentional or willful and wanton misconduct of such person. 6 (1) The liability of the executive director and employees of 7 the interstate commission or representatives of the interstate 8 commission, acting within the scope of such person’s employment 9 or duties for acts, errors, or omissions occurring within such 10 person’s state, may not exceed the limits of liability set 11 forth under the constitution and laws of that state for state 12 officials, employees, and agents. The interstate commission 13 is considered to be an instrumentality of the states for 14 the purposes of any such action. Nothing in this paragraph 15 “d” shall be construed to protect such person from suit or 16 liability for damage, loss, injury, or liability caused by the 17 intentional or willful and wanton misconduct of such person. 18 (2) The interstate commission shall defend the executive 19 director, its employees, and subject to the approval of 20 the attorney general or other appropriate legal counsel of 21 the member state represented by an interstate commission 22 representative, shall defend such interstate commission 23 representative in any civil action seeking to impose liability 24 arising out of an actual or alleged act, error, or omission 25 that occurred within the scope of interstate commission 26 employment, duties, or responsibilities, or that the defendant 27 had a reasonable basis for believing occurred within the 28 scope of interstate commission employment, duties, or 29 responsibilities, provided that the actual or alleged act, 30 error, or omission did not result from intentional or willful 31 and wanton misconduct on the part of such person. 32 (3) To the extent not covered by the state involved, member 33 state, or the interstate commission, the representatives or 34 employees of the interstate commission shall be held harmless 35 -86- SF 510 (8) 86 tm/rn/jh 86/ 97
S.F. 510 in the amount of a settlement or judgment, including attorney 1 fees and costs, obtained against such persons arising out of 2 an actual or alleged act, error, or omission that occurred 3 within the scope of interstate commission employment, duties, 4 or responsibilities, or that such persons had a reasonable 5 basis for believing occurred within the scope of interstate 6 commission employment, duties, or responsibilities, provided 7 that the actual or alleged act, error, or omission did not 8 result from intentional or willful and wanton misconduct on the 9 part of such persons. 10 15. Rulemaking functions of the interstate commission. 11 a. The interstate commission shall promulgate reasonable 12 rules in order to effectively and efficiently achieve the 13 purposes of the compact. Notwithstanding the foregoing, in 14 the event the interstate commission exercises its rulemaking 15 authority in a manner that is beyond the scope of the purposes 16 of the compact, or the powers granted hereunder, then such an 17 action by the interstate commission shall be invalid and have 18 no force or effect. 19 b. Rules deemed appropriate for the operations of the 20 interstate commission shall be made pursuant to a rulemaking 21 process that substantially conforms to the model state 22 administrative procedure Act of 2010, and subsequent amendments 23 thereto. 24 c. Not later than thirty days after a rule is promulgated, 25 any person may file a petition for judicial review of the 26 rule in the United States district court for the District 27 of Columbia or the federal district where the interstate 28 commission has its principal offices, provided that the filing 29 of such a petition shall not stay or otherwise prevent the 30 rule from becoming effective unless the court finds that the 31 petitioner has a substantial likelihood of success. The 32 court shall give deference to the actions of the interstate 33 commission consistent with applicable law and shall not find 34 the rule to be unlawful if the rule represents a reasonable 35 -87- SF 510 (8) 86 tm/rn/jh 87/ 97
S.F. 510 exercise of the authority granted to the interstate commission. 1 16. Oversight of interstate compact. 2 a. The executive, legislative, and judicial branches 3 of state government in each member state shall enforce the 4 compact and shall take all actions necessary and appropriate to 5 effectuate the compact’s purposes and intent. The provisions 6 of the compact and the rules promulgated hereunder shall have 7 standing as statutory law but shall not override existing state 8 authority to regulate the practice of medicine. 9 b. All courts shall take judicial notice of the compact and 10 the rules in any judicial or administrative proceeding in a 11 member state pertaining to the subject matter of the compact 12 which may affect the powers, responsibilities, or actions of 13 the interstate commission. 14 c. The interstate commission shall be entitled to receive 15 all service of process in any such proceeding, and shall have 16 standing to intervene in the proceeding for all purposes. 17 Failure to provide service of process to the interstate 18 commission shall render a judgment or order void as to the 19 interstate commission, the compact, or promulgated rules. 20 17. Enforcement of interstate compact. 21 a. The interstate commission, in the reasonable exercise of 22 its discretion, shall enforce the provisions and rules of the 23 compact. 24 b. The interstate commission may, by majority vote of 25 the commissioners, initiate legal action in the United 26 States district court for the District of Columbia, or, at 27 the discretion of the interstate commission, in the federal 28 district where the interstate commission has its principal 29 offices, to enforce compliance with the provisions of the 30 compact, and its promulgated rules and bylaws, against a 31 member state in default. The relief sought may include 32 both injunctive relief and damages. In the event judicial 33 enforcement is necessary, the prevailing party shall be awarded 34 all costs of such litigation including reasonable attorney 35 -88- SF 510 (8) 86 tm/rn/jh 88/ 97
S.F. 510 fees. 1 c. The remedies herein shall not be the exclusive remedies 2 of the interstate commission. The interstate commission may 3 avail itself of any other remedies available under state law or 4 the regulation of a profession. 5 18. Default procedures. 6 a. The grounds for default include but are not limited 7 to failure of a member state to perform such obligations or 8 responsibilities imposed upon it by the compact, or the rules 9 and bylaws of the interstate commission promulgated under the 10 compact. 11 b. If the interstate commission determines that a member 12 state has defaulted in the performance of its obligations 13 or responsibilities under the compact, or the bylaws or 14 promulgated rules, the interstate commission shall do the 15 following: 16 (1) Provide written notice to the defaulting state and other 17 member states of the nature of the default, the means of curing 18 the default, and any action taken by the interstate commission. 19 The interstate commission shall specify the conditions by which 20 the defaulting state must cure its default. 21 (2) Provide remedial training and specific technical 22 assistance regarding the default. 23 c. If the defaulting state fails to cure the default, the 24 defaulting state shall be terminated from the compact upon an 25 affirmative vote of a majority of the commissioners and all 26 rights, privileges, and benefits conferred by the compact shall 27 terminate on the effective date of termination. A cure of the 28 default does not relieve the offending state of obligations or 29 liabilities incurred during the period of the default. 30 d. Termination of membership in the compact shall be imposed 31 only after all other means of securing compliance have been 32 exhausted. Notice of intent to terminate shall be given by 33 the interstate commission to the governor, the majority and 34 minority leaders of the defaulting state’s legislature, and 35 -89- SF 510 (8) 86 tm/rn/jh 89/ 97
S.F. 510 each of the member states. 1 e. The interstate commission shall establish rules and 2 procedures to address licenses and physicians that are 3 materially impacted by the termination of a member state, or 4 the withdrawal of a member state. 5 f. The member state which has been terminated is responsible 6 for all dues, obligations, and liabilities incurred through 7 the effective date of termination including obligations, the 8 performance of which extends beyond the effective date of 9 termination. 10 g. The interstate commission shall not bear any costs 11 relating to any state that has been found to be in default or 12 which has been terminated from the compact, unless otherwise 13 mutually agreed upon in writing between the interstate 14 commission and the defaulting state. 15 h. The defaulting state may appeal the action of the 16 interstate commission by petitioning the United States district 17 court for the District of Columbia or the federal district 18 where the interstate commission has its principal offices. The 19 prevailing party shall be awarded all costs of such litigation 20 including reasonable attorney fees. 21 19. Dispute resolution. 22 a. The interstate commission shall attempt, upon the request 23 of a member state, to resolve disputes which are subject to 24 the compact and which may arise among member states or member 25 boards. 26 b. The interstate commission shall promulgate rules 27 providing for both mediation and binding dispute resolution as 28 appropriate. 29 20. Member states, effective date, and amendment. 30 a. Any state is eligible to become a member state of the 31 compact. 32 b. The compact shall become effective and binding upon 33 legislative enactment of the compact into law by no less than 34 seven states. Thereafter, it shall become effective and 35 -90- SF 510 (8) 86 tm/rn/jh 90/ 97
S.F. 510 binding on a state upon enactment of the compact into law by 1 that state. 2 c. The governors of nonmember states, or their designees, 3 shall be invited to participate in the activities of the 4 interstate commission on a nonvoting basis prior to adoption 5 of the compact by all states. 6 d. The interstate commission may propose amendments to the 7 compact for enactment by the member states. No amendment shall 8 become effective and binding upon the interstate commission and 9 the member states unless and until it is enacted into law by 10 unanimous consent of the member states. 11 21. Withdrawal. 12 a. Once effective, the compact shall continue in force and 13 remain binding upon each and every member state, provided that 14 a member state may withdraw from the compact by specifically 15 repealing the statute which enacted the compact into law. 16 b. Withdrawal from the compact shall be by the enactment 17 of a statute repealing the same, but shall not take effect 18 until one year after the effective date of such statute and 19 until written notice of the withdrawal has been given by the 20 withdrawing state to the governor of each other member state. 21 c. The withdrawing state shall immediately notify the 22 chairperson of the interstate commission in writing upon the 23 introduction of legislation repealing the compact in the 24 withdrawing state. 25 d. The interstate commission shall notify the other member 26 states of the withdrawing state’s intent to withdraw within 27 sixty days of its receipt of notice provided under paragraph 28 “c” . 29 e. The withdrawing state is responsible for all dues, 30 obligations, and liabilities incurred through the effective 31 date of withdrawal, including obligations, the performance of 32 which extend beyond the effective date of withdrawal. 33 f. Reinstatement following withdrawal of a member state 34 shall occur upon the withdrawing state reenacting the compact 35 -91- SF 510 (8) 86 tm/rn/jh 91/ 97
S.F. 510 or upon such later date as determined by the interstate 1 commission. 2 g. The interstate commission is authorized to develop 3 rules to address the impact of the withdrawal of a member 4 state on licenses granted in other member states to physicians 5 who designated the withdrawing member state as the state of 6 principal license. 7 22. Dissolution. 8 a. The compact shall dissolve effective upon the date of 9 the withdrawal or default of the member state which reduces the 10 membership in the compact to one member state. 11 b. Upon the dissolution of the compact, the compact becomes 12 null and void and shall be of no further force or effect, and 13 the business and affairs of the interstate commission shall be 14 concluded and surplus funds shall be distributed in accordance 15 with the bylaws. 16 23. Severability and construction. 17 a. The provisions of the compact shall be severable, 18 and if any phrase, clause, sentence, or provision is deemed 19 unenforceable, the remaining provisions of the compact shall 20 be enforceable. 21 b. The provisions of the compact shall be liberally 22 construed to effectuate its purposes. 23 c. Nothing in the compact shall be construed to prohibit the 24 applicability of other interstate compacts to which the states 25 are members. 26 24. Binding effect of compact and other laws. 27 a. Nothing herein prevents the enforcement of any other law 28 of a member state that is not inconsistent with the compact. 29 b. All laws in a member state in conflict with the compact 30 are superseded to the extent of the conflict. 31 c. All lawful actions of the interstate commission, 32 including all rules and bylaws promulgated by the commission, 33 are binding upon the member states. 34 d. All agreements between the interstate commission and the 35 -92- SF 510 (8) 86 tm/rn/jh 92/ 97
S.F. 510 member states are binding in accordance with their terms. 1 e. In the event any provision of the compact exceeds the 2 constitutional limits imposed on the legislature of any member 3 state, such provision shall be ineffective to the extent of the 4 conflict with the constitutional provision in question in that 5 member state. 6 DIVISION XXV 7 ENTREPRENEUR INVESTMENT AWARDS PROGRAM 8 Sec. 147. Section 15E.362, Code 2015, is amended by striking 9 the section and inserting in lieu thereof the following: 10 15E.362 Entrepreneur investment awards program. 11 1. For purposes of this division, unless the context 12 otherwise requires: 13 a. “Business development services” includes but is not 14 limited to corporate development services, business model 15 development services, business planning services, marketing 16 services, financial strategies and management services, 17 mentoring and management coaching, and networking services. 18 b. “Eligible entrepreneurial assistance provider” means a 19 person meeting the requirements of subsection 3. 20 c. “Financial assistance” means the same as defined in 21 section 15.327. 22 d. “Program” means the entrepreneur investment awards 23 program administered pursuant to this division. 24 2. The authority shall establish and administer an 25 entrepreneur investment awards program for purposes of 26 providing financial assistance to eligible entrepreneurial 27 assistance providers that provide technical and financial 28 assistance to entrepreneurs and start-up companies seeking to 29 create, locate, or expand a business in the state. Financial 30 assistance under the program shall be provided from the 31 entrepreneur investment awards program fund created in section 32 15E.363. 33 3. In order to be eligible for financial assistance under 34 the program an entrepreneurial assistance provider must meet 35 -93- SF 510 (8) 86 tm/rn/jh 93/ 97
S.F. 510 all of the following requirements: 1 a. The provider must have its principal place of operations 2 located in this state. 3 b. The provider must offer a comprehensive set of business 4 development services to emerging and early-stage innovation 5 companies to assist in the creation, location, growth, and 6 long-term success of the company in this state. 7 c. The business development services may be performed at the 8 physical location of the provider or the company. 9 d. The business development services may be provided in 10 consideration of equity participation in the company, a fee 11 for services, a membership agreement with the company, or any 12 combination thereof. 13 4. Entrepreneurial assistance providers may apply for 14 financial assistance under the program in the manner and form 15 prescribed by the authority. 16 5. The economic development authority board in its 17 discretion may approve, deny, or defer each application 18 for financial assistance under the program from persons 19 it determines to be an eligible entrepreneurial assistance 20 provider. 21 6. Subject to subsection 7, the amount of financial 22 assistance awarded to an eligible entrepreneurial assistance 23 provider shall be within the discretion of the authority. 24 7. a. The maximum amount of financial assistance awarded 25 to an eligible entrepreneurial assistance provider shall not 26 exceed two hundred thousand dollars. 27 b. The maximum amount of financial assistance provided under 28 the program shall not exceed one million dollars in a fiscal 29 year. 30 8. The authority shall award financial assistance on a 31 competitive basis. In making awards of financial assistance, 32 the authority may develop scoring criteria and establish 33 minimum requirements for the receipt of financial assistance 34 under the program. In making awards of financial assistance, 35 -94- SF 510 (8) 86 tm/rn/jh 94/ 97
S.F. 510 the authority may consider all of the following: 1 a. The business experience of the professional staff 2 employed or retained by the eligible entrepreneurial assistance 3 provider. 4 b. The business plan review capacity of the professional 5 staff of the eligible entrepreneurial assistance provider. 6 c. The expertise in all aspects of business disciplines 7 of the professional staff of the eligible entrepreneurial 8 assistance provider. 9 d. The access of the eligible entrepreneurial assistance 10 provider to external service providers, including legal, 11 accounting, marketing, and financial services. 12 e. The service model and likelihood of success of the 13 eligible entrepreneurial assistance provider and its similarity 14 to other successful entrepreneurial assistance providers in the 15 country. 16 f. The financial need of the eligible entrepreneurial 17 assistance provider. 18 9. Financial assistance awarded to an eligible 19 entrepreneurial assistance provider shall only be used for 20 the purpose of operating costs incurred by the eligible 21 entrepreneurial assistance provider in providing business 22 development services to emerging and early-stage innovation 23 companies in this state. Such financial assistance shall not 24 be distributed to owners or investors of the company to which 25 business development services are provided and shall not be 26 distributed to other persons assisting with the provision of 27 business development services to the company. 28 10. The authority may contract with outside service 29 providers for assistance with the program or may delegate 30 the administration of the program to the Iowa innovation 31 corporation pursuant to section 15.106B. 32 11. The authority may make client referrals to eligible 33 entrepreneurial assistance providers. 34 Sec. 148. Section 15E.363, subsection 3, Code 2015, is 35 -95- SF 510 (8) 86 tm/rn/jh 95/ 97
S.F. 510 amended to read as follows: 1 3. The Moneys credited to the fund are appropriated to 2 the authority and shall be used to provide grants under the 3 entrepreneur investment awards program established in section 4 15E.362 financial assistance under the program . 5 DIVISION XXVI 6 BUSINESS-TRADE TRUCKS 7 Sec. 149. Section 321.120, Code 2015, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 6. If a law or rule of another state or a 10 foreign country imposes a tax or fee on a business-trade truck 11 which is registered in Iowa and operated in that other state 12 or foreign country, the department shall impose a tax or fee 13 on a business-trade truck which is registered in that state 14 or foreign country and operated in Iowa in the same amount as 15 the tax or fee imposed by the state or country in which the 16 business-trade truck is registered. 17 DIVISION XXVII 18 IOWA EDUCATION SAVINGS PLAN TRUST 19 Sec. 150. Section 422.7, subsection 32, paragraph a, Code 20 2015, is amended to read as follows: 21 a. Subtract the maximum contribution that may be deducted 22 for Iowa income tax purposes as a participant in the Iowa 23 educational savings plan trust pursuant to section 12D.3, 24 subsection 1 , paragraph “a” . For purposes of this paragraph, 25 a participant who makes a contribution on or before the 26 date prescribed in section 422.21 for making and filing an 27 individual income tax return, excluding extensions, may elect 28 to be deemed to have made the contribution on the last day of 29 the preceding calendar year. The director, after consultation 30 with the treasurer of state, shall prescribe by rule the 31 manner and method by which a participant may make an election 32 authorized by the preceding sentence. 33 Sec. 151. RETROACTIVE APPLICABILITY. This division of this 34 Act applies retroactively to January 1, 2015, for tax years 35 -96- SF 510 (8) 86 tm/rn/jh 96/ 97
S.F. 510 beginning on or after that date. 1 DIVISION XXVIII 2 RESIDENTIAL SWIMMING POOLS 3 Sec. 152. RESIDENTIAL SWIMMING POOLS —— PRIVATE SWIMMING 4 LESSONS. Notwithstanding any provision of law to the 5 contrary, the department of public health shall require that 6 a residential swimming pool used for private swimming lessons 7 for up to two hundred seven hours in a calendar month, or the 8 number of hours prescribed by local ordinance applicable to 9 such use of a residential swimming pool, whichever is greater, 10 be regulated as a residential swimming pool used for commercial 11 purposes pursuant to chapter 135I. The department of public 12 health may adopt rules to implement this section. 13 Sec. 153. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 -97- SF 510 (8) 86 tm/rn/jh 97/ 97