SF 510 (LSB 2650SV (8) 86)

SENATE FILE 510

BY  COMMITTEE ON APPROPRIATIONS

(SUCCESSOR TO SSB 1289)

(As Amended and Passed by the Senate 2015-05-14)

A BILL FOR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DIVISION II
MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
    Sec. 6.  SILOS AND SMOKESTACKS.  There is appropriated from the state bond repayment fund created in section 8.57F to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For support of the silos and smokestacks national heritage area to provide continued agricultural-related education and preservation:

.................................................. $    250,000
    Sec. 7.  DEPARTMENT OF CORRECTIONS —— APPROPRIATION.  There is appropriated from the general fund of the state to the department of corrections for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

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

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

   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 8.  DEPARTMENT OF PUBLIC HEALTH.  There is appropriated from the general fund of the state to the department of public health for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount to be used for the purposes designated:
  For the public purpose of providing a grant on behalf of substance-related disorder treatment providers in accordance with this section:

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

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

   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year for which appropriated shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 9.  HEART ATTACK TREATMENT —— APPROPRIATION.  There is appropriated from the general fund of the state to the department of public health for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

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

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

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

   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year for which appropriated shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1, 2017.
    Sec. 10.  DEBT COLLECTIONS.  The judicial branch shall evaluate and study current practice for the collection of court debt. By January 1, 2016, the judicial branch shall file a report with the general assembly regarding the findings of the study. The report shall include any recommended changes that would increase the efficiency of collection of court debt.
    Sec. 11.  IOWA NEW JOBS TRAINING AGREEMENTS.  An Iowa community college that entered into a new jobs training agreement pursuant to chapter 260E, which was effective in April 2012, with an Iowa employer may enter into a new agreement with such employer pursuant to chapter 260E, which will be effective September 2015, and may use the base employment determined in April 2012 as the base employment for determining the new jobs eligible under the new agreement if the base employment determined in April 2012 was 2,125 employees. The new agreement under chapter 260E shall be limited to seven years from the effective date of the agreement.
    Sec. 12.  Section 8D.4, Code 2015, is amended to read as follows:
   8D.4  Executive director appointed.

   The commission, in consultation with the director of the department of administrative services and the chief information officer, shall appoint an executive director of the commission, subject to confirmation by the senate. Such individual shall not serve as a member of the commission. The executive director shall serve at the pleasure of the commission. The executive director shall be selected primarily for administrative ability and knowledge in the field, without regard to political affiliation. The governor shall establish the salary of the executive director within the applicable salary range nine as established by the general assembly. The salary and support of the executive director shall be paid from funds deposited in the Iowa communications network fund.
    Sec. 13.  Section 43.45, subsection 3, as enacted by 2015 Iowa Acts, Senate File 415, section 1, is amended to read as follows:
   3.  Notwithstanding any requirement to the contrary in subsection 1 and subsection 2, paragraph “c”, the commissioner of a county using digital ballot counting technology may direct the precinct election officials to tally and record write-in votes at the precincts after the closing of the polls or may direct the precinct election officials to sort the ballots by print the write-in report containing digital images of write-in votes for delivery to the special precinct board to tally and record the write-in votes on any day following election day and prior to the canvass by the board of supervisors under section 43.49. For the purposes of this subsection “digital ballot counting technology” is technology in which digital images of write-in votes are printed by the precinct election officials at the polling place after the close of voting.
    Sec. 14.  NEW SECTION.  91A.5B  Treatment of adoptive parent employees.
   1.  For purposes of this section, “adoption” means the permanent placement in this state of a child by the department of human services, by a licensed agency under chapter 238, by an agency that meets the provisions of the interstate compact in section 232.158, or by a person making an independent placement according to the provisions of chapter 600.
   2.  An employer shall treat an employee who chooses to adopt in the same manner as an employee who is the biological parent of a newborn child for purposes of employment policies, benefits, and protections for the first year of the adoption.
    Sec. 15.  Section 97A.6, subsection 11, Code 2015, is amended by striking the subsection.
    Sec. 16.  Section 123.132, subsection 3, as enacted by 2015 Iowa Acts, Senate File 456, section 1, is amended to read as follows:
   3.  A container of beer other than the original container that is sold and sealed in compliance with the requirements of subsection 2 and the division’s rules shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.
    Sec. 17.  Section 136C.3, subsection 10, Code 2015, is amended to read as follows:
   10.  a.  Adopt rules specifying the minimum training and performance standards for an individual using a radiation machine for mammography, and other rules necessary to implement section 136C.15. The rules shall complement federal requirements applicable to similar radiation machinery and shall not be less stringent than those federal requirements.
   b.  (1)  Adopt rules to require that, by January 1, 2016, a facility at which mammography services are performed shall include information on breast density in mammogram reports sent to patients pursuant to regulations implementing the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended. If a patient is categorized by an interpreting physician at the facility as having heterogeneously dense breasts or extremely dense breasts based on standards as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including the breast imaging reporting and data system of the American college of radiology, the report to the patient shall include notice that the patient has dense breast tissue, that this may make it more difficult to detect cancer on a mammogram, and that it may increase the patient’s risk of breast cancer. The notice may contain the following language:
  State law requires the following notification:

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

   (2)  Nothing in this paragraph “b” shall be construed to modify the existing liability of a facility where mammography services are performed beyond the duty to provide the information set forth in this paragraph “b”.
   (3)  Nothing in this paragraph “b” shall be deemed to require a notice or the provision of information that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended, or any regulations promulgated pursuant to that Act.
    Sec. 18.  Section 155A.27, Code 2015, is amended to read as follows:
   155A.27  Requirements for prescription.

   To be valid, each prescription drug order issued or dispensed in this state must be based on a valid patient-practitioner relationship, and shall comply with all of the following:

   1.  If written, electronic, or facsimile, shall contain:
   a.  The date of issue.
   b.  The name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed.
   c.  The name, strength, and quantity of the drug, medicine, or device prescribed.
   d.  The directions for use of the drug, medicine, or device prescribed.
   e.  The name, address, and written or electronic signature of the practitioner issuing the prescription.
   f.  The federal drug enforcement administration number, if required under chapter 124.
   2.  If electronic, the practitioner issuing the prescription shall furnish the same information required for a written prescription under subsection 1, except for the written or electronic signature of the practitioner unless otherwise required by federal law or chapter 124, and shall:
   a.  The practitioner shall ensure Ensure that the electronic system used to transmit the electronic prescription has adequate security and system safeguards designed to prevent and detect unauthorized access, modification, or manipulation of the prescription.
   b.  The practitioner shall provide Provide verbal verification of the electronic prescription upon the request of the pharmacy.
   3.  a.  If facsimile, in addition to the requirements of subsection 1, shall contain all of the following:
   (1)  The identification number of the facsimile machine which is used to transmit the prescription.
   (2)  The time and date of transmission of the prescription.
   (3)  The name, address, telephone number, and facsimile number of the pharmacy to which the prescription is being transmitted.
   b.  A practitioner shall provide verbal verification of the facsimile prescription upon the request of the pharmacy.
   4.  If oral, the practitioner issuing the prescription shall furnish the same information required for a written prescription under subsection 1, except for the written signature and address of the practitioner. Upon receipt of an oral prescription, the pharmacist shall promptly reduce the oral prescription to a written format by recording the information required in a written prescription.
    Sec. 19.  Section 249M.5, Code 2015, is amended to read as follows:
   249M.5  Future repeal.

   This chapter is repealed June 30, 2016 December 31, 2015.
    Sec. 20.  Section 256.9, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  66.  Dedicate at least one-half of one of the department’s authorized full-time equivalent positions to maintain a fine arts consultant to provide guidance and assistance, including but not limited to professional development, strategies, and materials, to the department, school districts, and accredited nonpublic schools relating to music, visual art, drama and theater, and other fine and applied arts programs and coursework.
    Sec. 21.  Section 261.110, subsection 3, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The applicant met all of the eligibility requirements of this section on or after January 1, 2013. A person who met the program eligibility requirements of this section prior to January 1, 2013, is ineligible for this program.
    Sec. 22.  Section 418.9, subsection 8, Code 2015, is amended to read as follows:
   8.  If, following approval of a project application under the program, it is determined that the amount of federal financial assistance exceeds the amount of federal financial assistance specified in the application, the board shall reduce the award of financial assistance from the flood mitigation fund or reduce the amount of sales tax revenue to be received for the project by a corresponding amount.  However, a reduction in the amount of sales tax revenue to be received for the project shall not be reduced if the additional federal financial assistance does not reduce the need for sales tax revenue due to an increase in project costs incurred following the approval of the project application under the program.
    Sec. 23.  Section 418.15, subsection 1, Code 2015, is amended to read as follows:
   1.  A governmental entity shall not receive remittances of sales tax revenue under this chapter after twenty years from the date the governmental entity’s project was approved by the board unless the remittance amount is calculated under section 418.11 based on sales subject to the tax under section 432.2 occurring before the expiration of the twenty-year period.
    Sec. 24.  Section 441.37A, subsection 1, paragraph a, Code 2015, is amended to read as follows:
   a.  For the assessment year beginning January 1, 2007, and all subsequent assessment years beginning before January 1, 2018 2021, appeals may be taken from the action of the board of review with reference to protests of assessment, valuation, or application of an equalization order to the property assessment appeal board created in section 421.1A. However, a property owner or aggrieved taxpayer or an appellant described in section 441.42 may bypass the property assessment appeal board and appeal the decision of the local board of review to the district court pursuant to section 441.38.
    Sec. 25.  Section 505.19, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  Notwithstanding subsection 1, a health insurance carrier licensed to do business in this state that participates in the health benefits exchange used in this state and created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, shall not be subject to the requirements of this section for health plans issued by the health insurance carrier that are filed and purchased within the exchange or the matching health plans issued by the health insurance carrier that are purchased outside of the exchange. However, such a health insurance carrier shall inform policyholders who purchase such health plans of their total premium due and any rate increases to their premium for each upcoming policy year. Such notice shall be provided thirty days prior to the beginning of open enrollment for the health plans and shall provide policyholders with information about how the policyholder can contact the insurance division to submit a comment about a proposed rate increase. A health insurance carrier subject to this subsection shall be subject to all other applicable state and federal laws.
    Sec. 26.  Section 602.1304, subsection 2, paragraph a, Code 2015, is amended to read as follows:
   a.  The enhanced court collections fund is created in the state treasury under the authority of the supreme court. The fund shall be separate from the general fund of the state and the balance in the fund shall not be considered part of the balance of the general fund of the state. Notwithstanding section 8.33, moneys in the fund shall not revert to the general fund, unless and to the extent the total amount of moneys deposited into the fund in a fiscal year would exceed the maximum annual deposit amount established for the collections fund by the general assembly. The initial maximum annual deposit amount for a fiscal year is four million dollars. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the collections fund shall remain in the collections fund and any interest and earnings shall be in addition to the maximum annual deposit amount.  The maximum annual deposit amount shall be the following amounts for the following fiscal years:
   (1)  For the fiscal year beginning July 1, 2015, seven million dollars.
   (2)  For the fiscal year beginning July 1, 2016, seven million dollars.
   (3)  For the fiscal year beginning July 1, 2017, seven million dollars.
   (4)  For the fiscal year beginning July 1, 2018, five million dollars.
   (5)  For the fiscal year beginning July 1, 2019, and each fiscal year thereafter, four million five hundred thousand dollars.
    Sec. 27.  Section 633.535, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  A named beneficiary of a bond, life insurance policy, or any other contractual arrangement convicted of a felony referenced in paragraph “d” that was perpetrated against the principal obligee or person upon whose life the policy is issued or whose death generates the benefits under any other contractual arrangement, in the six months immediately prior to the obligee’s or person’s death, is not entitled to any benefit under the bond, policy, or other contractual arrangement.
   b.  The procedure set out in section 633.536 applies and the benefits become payable as though the convicted obligee or person had predeceased the decedent.
   c.  However, a principal obligee or person upon whose life the policy is issued or whose death generates the benefits under any other contractual arrangement, in the six months immediately prior to the obligee’s or person’s death, may affirm by a signed, notarized affidavit that the beneficiary should receive any benefit under the bond, policy, or other contractual arrangement despite a felony conviction referenced in this subsection.
   d.  This subsection applies to a conviction for any of the following felonies:
   (1)  Any felony contained in chapter 707.
   (2)  Any felony contained in chapter 708.
   (3)  Any felony contained in chapter 709.
   (4)  Any felony contained in chapter 710.
    Sec. 28.  Section 708.2A, subsection 1, Code 2015, is amended to read as follows:
   1.  For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph “a”, “b”, “c”, or “d”, or “e”.
    Sec. 29.  NEW SECTION.  708.11A  Unauthorized placement of global positioning device.
   1.  A person commits unauthorized placement of a global positioning device, when, with intent to intimidate, annoy, or alarm another person, the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person without a legitimate purpose.
   2.  A person who commits a violation of this section commits a serious misdemeanor.
    Sec. 30.  Section 715A.9A, subsection 1, paragraph a, Code 2015, is amended to read as follows:
   a.  Is a victim of identity theft in this state as described in section 715A.8 or resides in this state at the time the person is a victim of identity theft.
    Sec. 31.  EFFECTIVE UPON ENACTMENT.  The following provision or provisions of this division of this Act, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this division of this Act appropriating moneys to the department of corrections for the fiscal year beginning July 1, 2014, and ending June 30, 2015, for operations including training and additional costs associated with the new correctional facility located in Fort Madison.
   2.  The section of this division of this Act appropriating moneys to the department of public health for the fiscal year beginning July 1, 2014, and ending June 30, 2015, for purposes of providing a grant on behalf of substance-related disorder treatment providers.
   3.  The section of this division of this Act appropriating moneys to the department of public health for the fiscal year beginning July 1, 2014, and ending June 30, 2015, for purposes of providing a collaborative effort between certain entities for heart attack patients.

DIVISION III
SALARIES, COMPENSATION, AND RELATED MATTERS
    Sec. 32.  SPECIAL FUNDS.  For the fiscal year beginning July 1, 2015, and ending June 30, 2016, and for the fiscal year beginning July 1, 2016, and ending June 30, 2017, salary adjustments may be funded using departmental revolving, trust, or special funds for which the general assembly has established an operating budget, provided doing so does not exceed the operating budget established by the general assembly.
    Sec. 33.  SALARY MODEL ADMINISTRATOR.  The salary model administrator shall work in conjunction with the legislative services agency to maintain the state’s salary model used for analyzing, comparing, and projecting state employee salary and benefit information, including information relating to employees of the state board of regents. The department of revenue, the department of administrative services, the five institutions under the jurisdiction of the state board of regents, the judicial district departments of correctional services, and the state department of transportation shall provide salary data to the department of management and the legislative services agency to operate the state’s salary model. The format and frequency of provision of the salary data shall be determined by the department of management and the legislative services agency. The information shall be used in collective bargaining processes under chapter 20 and in calculating the funding needs contained within the annual salary adjustment legislation. A state employee organization as defined in section 20.3, subsection 4, may request information produced by the model, but the information provided shall not contain information attributable to individual employees.

DIVISION IV
CORRECTIVE PROVISIONS
    Sec. 34.  Section 123.122, Code 2015, as amended by 2015 Iowa Acts, House File 536, section 48, is amended to read as follows:
   123.122  Permit or license required.

   A person shall not manufacture for sale or sell beer at wholesale or retail unless a permit is first obtained as provided in this subchapter or, a liquor control license authorizing the retail sale of beer is first obtained as provided in division subchapter I of this chapter. A liquor control license holder is not required to hold a separate class “B” beer permit.
    Sec. 35.  Section 227.10, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 53, is amended to read as follows:
   227.10  Transfers from county or private institutions.

   Patients who have been admitted at public expense to any institution to which this chapter is applicable may be involuntarily transferred to the proper state hospital for persons with mental illness in the manner prescribed by sections 229.6 to 229.13. The application required by section 229.6 may be filed by the administrator of the division or the administrator’s designee, or by the administrator of the institution where the patient is then being maintained or treated. If the patient was admitted to that institution involuntarily, the administrator of the division may arrange and complete the transfer, and shall report it as required of a chief medical officer under section 229.15, subsection 5. The transfer shall be made at the mental health and disabilities disability services region’s expense, and the expense recovered, as provided in section 227.7. However, transfer under this section of a patient whose expenses are payable in whole or in part by a the mental health and disabilities disability services region is subject to an authorization for the transfer through the regional administrator for the patient’s county of residence.
    Sec. 36.  Section 227.14, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 56, is amended to read as follows:
   227.14  Caring for persons with mental illness from other counties.

   The regional administrator for a county that does not have proper facilities for caring for persons with mental illness may, with the consent of the administrator of the division, provide for such care at the expense of the mental health and disabilities disability services region in any convenient and proper county or private institution for persons with mental illness which is willing to receive the persons.
    Sec. 37.  Section 229.1B, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 59, is amended to read as follows:
   229.1B  Regional administrator.

   Notwithstanding any provision of this chapter to the contrary, any person whose hospitalization expenses are payable in whole or in part by a mental health and disabilities disability services region shall be subject to all administrative requirements of the regional administrator for the county.
    Sec. 38.  Section 229.2, subsection 1, paragraph b, subparagraph (3), Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 60, is amended to read as follows:
   (3)  As soon as is practicable after the filing of a petition for juvenile court approval of the admission of the minor, the juvenile court shall determine whether the minor has an attorney to represent the minor in the hospitalization proceeding, and if not, the court shall assign to the minor an attorney. If the minor is financially unable to pay for an attorney, the attorney shall be compensated by the mental health and disabilities disability services region at an hourly rate to be established by the regional administrator for the county in which the proceeding is held in substantially the same manner as provided in section 815.7.
    Sec. 39.  Section 229.8, subsection 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 61, is amended to read as follows:
   1.  Determine whether the respondent has an attorney who is able and willing to represent the respondent in the hospitalization proceeding, and if not, whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting one. In accordance with those determinations, the court shall if necessary allow the respondent to select, or shall assign to the respondent, an attorney. If the respondent is financially unable to pay an attorney, the attorney shall be compensated by the mental health and disabilities disability services region at an hourly rate to be established by the regional administrator for the county in which the proceeding is held in substantially the same manner as provided in section 815.7.
    Sec. 40.  Section 229.10, subsection 1, paragraph a, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 62, is amended to read as follows:
   a.  An examination of the respondent shall be conducted by one or more licensed physicians, as required by the court’s order, within a reasonable time. If the respondent is detained pursuant to section 229.11, subsection 1, paragraph “b”, the examination shall be conducted within twenty-four hours. If the respondent is detained pursuant to section 229.11, subsection 1, paragraph “a” or “c”, the examination shall be conducted within forty-eight hours. If the respondent so desires, the respondent shall be entitled to a separate examination by a licensed physician of the respondent’s own choice. The reasonable cost of the examinations shall, if the respondent lacks sufficient funds to pay the cost, be paid by the regional administrator from mental health and disabilities disability services region funds upon order of the court.
    Sec. 41.  Section 229.11, subsection 1, unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 63, is amended to read as follows:

   If the applicant requests that the respondent be taken into immediate custody and the judge, upon reviewing the application and accompanying documentation, finds probable cause to believe that the respondent has a serious mental impairment and is likely to injure the respondent or other persons if allowed to remain at liberty, the judge may enter a written order directing that the respondent be taken into immediate custody by the sheriff or the sheriff’s deputy and be detained until the hospitalization hearing. The hospitalization hearing shall be held no more than five days after the date of the order, except that if the fifth day after the date of the order is a Saturday, Sunday, or a holiday, the hearing may be held on the next succeeding business day. If the expenses of a respondent are payable in whole or in part by a mental health and disabilities disability services region, for a placement in accordance with paragraph “a”, the judge shall give notice of the placement to the regional administrator for the county in which the court is located, and for a placement in accordance with paragraph “b” or “c”, the judge shall order the placement in a hospital or facility designated through the regional administrator. The judge may order the respondent detained for the period of time until the hearing is held, and no longer, in accordance with paragraph “a”, if possible, and if not then in accordance with paragraph “b”, or, only if neither of these alternatives is available, in accordance with paragraph “c”. Detention may be:
    Sec. 42.  Section 229.13, subsection 1, paragraph a, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 64, is amended to read as follows:
   a.  The court shall order a respondent whose expenses are payable in whole or in part by a mental health and disabilities disability services region placed under the care of an appropriate hospital or facility designated through the county’s regional administrator on an inpatient or outpatient basis.
    Sec. 43.  Section 229.14, subsection 2, paragraph a, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 65, is amended to read as follows:
   a.  For a respondent whose expenses are payable in whole or in part by a mental health and disabilities disability services region, placement as designated through the county’s regional administrator in the care of an appropriate hospital or facility on an inpatient or outpatient basis, or other appropriate treatment, or in an appropriate alternative placement.
    Sec. 44.  Section 229.14A, subsection 7, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 66, is amended to read as follows:
   7.  If a respondent’s expenses are payable in whole or in part by a mental health and disabilities disability services region through the county’s regional administrator, notice of a placement hearing shall be provided to the county attorney and the regional administrator. At the hearing, the county may present evidence regarding appropriate placement.
    Sec. 45.  Section 229.42, subsection 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 68, is amended to read as follows:
   1.  If a person wishing to make application for voluntary admission to a mental hospital established by chapter 226 is unable to pay the costs of hospitalization or those responsible for the person are unable to pay the costs, application for authorization of voluntary admission must be made through a regional administrator before application for admission is made to the hospital. The person’s county of residence shall be determined through the regional administrator and if the admission is approved through the regional administrator, the person’s admission to a mental health hospital shall be authorized as a voluntary case. The authorization shall be issued on forms provided by the department of human services’ administrator. The costs of the hospitalization shall be paid by the county of residence through the regional administrator to the department of human services and credited to the general fund of the state, provided that the mental health hospital rendering the services has certified to the county auditor of the county of residence and the regional administrator the amount chargeable to the mental health and disabilities disability services region and has sent a duplicate statement of the charges to the department of human services. A mental health and disabilities disability services region shall not be billed for the cost of a patient unless the patient’s admission is authorized through the regional administrator. The mental health institute and the regional administrator shall work together to locate appropriate alternative placements and services, and to educate patients and family members of patients regarding such alternatives.
    Sec. 46.  Section 230.1, subsection 3, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 69, is amended to read as follows:
   3.  A mental health and disabilities disability services region or county of residence is not liable for costs and expenses associated with a person with mental illness unless the costs and expenses are for services and other support authorized for the person through the county’s regional administrator. For the purposes of this chapter, “regional administrator” means the same as defined in section 331.388.
    Sec. 47.  Section 230.20, subsection 2, paragraph b, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 71, is amended to read as follows:
   b.  The per diem costs billed to each mental health and disabilities disability services region shall not exceed the per diem costs billed to the county in the fiscal year beginning July 1, 1996. However, the per diem costs billed to a mental health and disabilities disability services region may be adjusted annually to reflect increased costs, to the extent of the percentage increase in the statewide per capita expenditure target amount, if any per capita growth amount is authorized by the general assembly for the fiscal year in accordance with section 426B.3.
    Sec. 48.  Section 279.10, subsection 1, Code 2015, as amended by 2015 Iowa Acts, Senate File 227, section 2, is amended to read as follows:
   1.  The school year for each school district and accredited nonpublic school shall begin on July 1 and the school calendar shall begin no sooner than August 23 and no later than the first Monday in December. The school calendar shall include not less than one hundred eighty days, except as provided in subsection 3, or one thousand eighty hours of instruction during the calendar year. The board of directors of a school district and the authorities in charge of an accredited nonpublic school shall determine the school start date for the school calendar in accordance with this subsection and shall set the number of days or hours of required attendance for the school year as provided in section 299.1, subsection 2, but the board of directors of a school district shall hold a public hearing on any proposed school calendar prior to adopting the school calendar. If the board of directors of a district or the authorities in charge of an accredited nonpublic school extends the school calendar because inclement weather caused the school district or accredited nonpublic school to temporarily close during the regular school calendar, the school district or accredited nonpublic school may excuse a graduating senior who has met district or school requirements for graduation from attendance during the extended school calendar. A school corporation may begin employment of personnel for in-service training and development purposes before the date to begin elementary and secondary school.
    Sec. 49.  Section 426B.5, subsection 2, paragraph c, Code 2015, as amended by 2015 Iowa Acts, Senate File 463, section 78, is amended to read as follows:
   c.  A risk pool board is created. The board shall consist of two county supervisors, two county auditors, a member of the mental health and disability services commission who is not a member of a county board of supervisors, a member of the county finance committee created in chapter 333A who is not an elected official, a representative of a provider of mental health or developmental disabilities services selected from nominees submitted by the Iowa association of community providers, and two staff members of regional administrators of county mental health and disability services regions, all appointed by the governor, and one member appointed by the director of human services. All members appointed by the governor shall be subject to confirmation by the senate. Members shall serve for three-year terms. A vacancy shall be filled in the same manner as the original appointment. Expenses and other costs of the risk pool board members representing counties shall be paid by the county of origin. Expenses and other costs of risk pool board members who do not represent counties shall be paid from a source determined by the governor. Staff assistance to the board shall be provided by the department of human services and counties. Actuarial expenses and other direct administrative costs shall be charged to the pool.
    Sec. 50.  Section 459A.302, subsection 1, paragraph a, unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa Acts, House File 583, section 33, if enacted, is amended to read as follows:

   Prior to constructing a settled open feedlot effluent basin or an animal truck wash effluent structure, the site for the basin or structure shall be investigated for a drainage tile line by the owner of the open feedlot operation or animal truck wash facility. The investigation shall be made by digging a core trench to a depth of at least six feet deep from ground level at the projected center of the berm of the basin or structure. If a drainage tile line is discovered, one of the following solutions shall be implemented:
    Sec. 51.  Section 459A.302, subsection 2, paragraph a, Code 2015, as amended by 2015 Iowa Acts, House File 583, section 34, if enacted, is amended to read as follows:
   a.  The settled open feedlot effluent basin or an animal truck wash effluent structure shall be constructed with a minimum separation of two feet between the top of the liner of the basin or structure and the seasonal high-water table.
    Sec. 52.  Section 459A.404, subsection 3, paragraphs b and c, if enacted by 2015 Iowa Acts, House File 583, section 41, are amended to read as follows:
   b.  For purposes of section 459.310, subsection 4, the provisions relating to an unformed manure storage structure shall apply to an unformed animal truck wash effluent structure and the provisions relating to a formed manure storage structure shall apply to a formed animal truck wash effluent structure.  However, the
   c.  Notwithstanding section 459.310, subsection 4, a requirement in section 459.310, subsection 4, paragraph “a”, relating to animal weight capacity or animal unit capacity shall not apply to the replacement of an unformed animal truck wash effluent structure with a formed animal truck wash effluent structure. In addition, the capacity of a replacement animal truck wash effluent structure shall not exceed the amount required to store animal truck wash effluent for any eighteen-month period.
    Sec. 53.  Section 459A.411, Code 2015, as amended by 2015 Iowa Acts, House File 583, section 43, if enacted, is amended to read as follows:
   459A.411  Discontinuance of operations.

   The owner of an open feedlot operation or animal truck wash facility who discontinues its operation shall remove all effluent from related open feedlot operation structures or animal truck wash effluent structures used to store effluent, as soon as practical but not later than six months following the date the operations of the open feedlot operation or animal truck wash facility is are discontinued.
    Sec. 54.  Section 476.53, subsection 3, paragraph a, subparagraph (1), Code 2015, as amended by 2015 Iowa Acts, House File 535, section 61, is amended to read as follows:
   (1)  (a)  Files an application pursuant to section 476A.3 to construct in Iowa a baseload electric power generating facility with a nameplate generating capacity equal to or greater than three hundred megawatts or a combined-cycle electric power generating facility, or an alternate energy production facility as defined in section 476.42, or to significantly alter an existing generating facility. For purposes of this subparagraph, a significant alteration of an existing generating facility must, in order to qualify for establishment of ratemaking principles, fall into one of the following categories:
   (i)  Conversion of a coal fueled facility into a gas fueled facility.
   (ii)  Addition of carbon capture and storage facilities at a coal fueled facility.
   (iii)  Addition of gas fueled capability to a coal fueled facility, in order to convert the facility to one that will rely primarily on gas for future generation.
   (iv)  Addition of a biomass fueled capability to a coal fueled facility.
   (b)  With respect to a significant alteration of an existing generating facility, an original facility shall not be required to be either a baseload or a combined-cycle facility. Only the incremental investment undertaken by a utility under subparagraph division (a), subparagraph subdivision (i), (ii), (iii), or (iv) shall be eligible to apply the ratemaking principles established by the order issued pursuant to paragraph “e”. Facilities for which advanced ratemaking principles are obtained pursuant to this section shall not be subject to a subsequent board review pursuant to section 476.6, subsection 20, to the extent that the investment has been considered by the board under this section. To the extent an eligible utility has been authorized to make capital investments subject to section 476.6, subsection 20, such investments shall not be eligible for ratemaking principles pursuant to this section.
    Sec. 55.  Section 602.3205, subsection 3, paragraph b, if enacted by 2015 Iowa Acts, Senate File 404, section 5, is amended to read as follows:
   b.  The audio recordings provided in to the board pursuant to this subsection shall be kept confidential by the board in a manner as provided in section 272C.6, subsection 4.
    Sec. 56.  Section 602.11113, Code 2015, as amended by 2015 Iowa Acts, House File 536, section 177, is amended to read as follows:
   602.11113  Bailiffs employed as court attendants.

   Persons who were employed as bailiffs and who were performing services for the court, other than law enforcement services, immediately prior to July 1, 1983, shall be employed by the district court administrators as court attendants under section 602.6601 on July 1, 1983.
    Sec. 57.  Section 714.23, subsection 4A, paragraph a, if enacted by 2015 Iowa Acts, Senate File 501, section 2, or 2015 Iowa Acts, House File 663, section 2, is amended to read as follows:
   a.  A student who does not receive a tuition refund up to the full refund of tuition charges due to the effect of an interstate reciprocity agreement under section 261G.4, subsection 1, may apply to the attorney general for a refund in a sum that represents the difference between any tuition refund received from the school and the full refund of tuition charges. For purposes of this subsection, “full refund of tuition charges” means the monetary sum of the refund for which the student would be eligible pursuant to the application of this section.
    Sec. 58.  Section 902.1, subsection 2, paragraph a, unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate File 448, section 1, is amended to read as follows:

   Notwithstanding subsection 1, a defendant convicted of murder in the first degree in violation of section 707.2, and who was under the age of eighteen at the time the offense was committed shall receive one of the following sentences:
    Sec. 59.  Section 916.1, subsection 1, as enacted by 2015 Iowa Acts, House File 496, section 1, is amended to read as follows:
   1.  “Confidential communication” means confidential information shared between a victim and a military victim advocate within the advocacy relationship, and includes all information received by the advocate and any advice, report, or working paper given to or prepared by the advocate in the course of the advocacy relationship with the victim. “Confidential information” is confidential information which, so far as the victim is aware, is not disclosed to a third party with the exception of a person present in the consultation for the purpose of furthering the interest of the victim, a person to whom disclosure is reasonably necessary for the transmission of the information, or a person with whom disclosure is necessary for accomplishment of the purpose for which the advocate is consulted by the victim.
    Sec. 60.  APPLICABILITY.  The section of this division of this Act amending section 279.10, subsection 1, applies retroactively to April 10, 2015.
    Sec. 61.  APPLICABILITY.  The section of this division of this Act amending section 902.1, subsection 2, paragraph “a”, unnumbered paragraph 1, applies retroactively to the effective date of 2015 Iowa Acts, Senate File 448.

DIVISION V
REIMBURSEMENT OF DEFENSE COSTS
    Sec. 62.  NEW SECTION.  80F.2  Reimbursement of defense costs.
   1.  If a peace officer, as defined in section 801.4, or a corrections officer is charged with the alleged commission of a public offense, based on acts or omissions within the scope of the officer’s lawful duty or authority, and the charge is dismissed or the officer is acquitted of the charge, the presiding magistrate or judge shall enter judgment awarding reimbursement to the officer for any costs incurred in defending against the charge, including but not limited to a reasonable attorney fee, if the court finds the existence of any of the following grounds:
   a.  The charge was without probable cause.
   b.  The charge was filed for malicious purposes.
   c.  The charge was unwarranted in consideration of all of the circumstances and matters of law attending the alleged offense.
   2.  The officer may apply for review of a failure or refusal to rule or an adverse ruling as to the existence of any of the above grounds. The application shall be to a district judge if the officer is seeking review of the act of a magistrate or district associate judge and the application shall be to a different district judge if review is sought of an act of a district judge.
    Sec. 63.  REPEAL.  Section 80.37, Code 2015, is repealed.

DIVISION VI
RENEWABLE FUELS INFRASTRUCTURE PROGRAM
    Sec. 64.  Section 159A.14, subsection 1, paragraph a, subparagraph (1), Code 2015, is amended to read as follows:
   (1)  Ethanol infrastructure shall be designed and used exclusively to do any of the following:
   (a)  Store and dispense E-15 gasoline. At least for the period beginning on September 16 and ending on May 31 of each year, the ethanol infrastructure must be used to store and dispense E-15 gasoline as a registered fuel recognized by the United States environmental protection agency.
   (a)  (b)  Store and dispense E-85 gasoline.
   (b)  (c)  Store, blend, and dispense motor fuel from a motor fuel blender pump, as required in this subparagraph division. The ethanol infrastructure must provide be used for the storage of ethanol or ethanol blended gasoline, or for blending ethanol with gasoline. The ethanol infrastructure must at least include a motor fuel blender pump which dispenses different classifications of ethanol blended gasoline and allows E-85 gasoline to be dispensed at all times that the blender pump is operating.

DIVISION VII
STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM

    Sec. 65.  2015 STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM.
   1.  Definitions.  As used in this section, unless the context provides otherwise:
   a.  “Eligible employee” means an employee or qualified employee who has filed a completed application for benefits with the Iowa public employees’ retirement system created in chapter 97B in which the employee’s or qualified employee’s intended first month of entitlement, as defined in section 97B.1A, is no later than the month following the date eligible employees shall be required to agree to separate from employment with the state as provided in subsection 2, paragraph “e”.
   b.  (1)  “Employee” means any of the following:
   (a)  An employee, as defined by section 97B.1A, who is employed within the executive branch of this state.
   (b)  An individual who was employed at the mental health institute at Clarinda, Iowa, or at the mental health institute at Mount Pleasant, Iowa, as of April 1, 2015, whose employment was terminated at either mental health institute after April 1, 2015.
   (2)  “Employee” does not mean a qualified employee, an elected official, or an employee eligible for the sick leave conversion program as described in section 70A.23, subsection 4.
   c.  “Employer” means a department, agency, board, or commission of the state that employs individuals.
   d.  “Health insurance contribution benefit” means the amount representing the monthly contribution cost of an affordable group health care plan offered by the state, as determined by the department of administrative services, providing coverage to the participant and, if applicable, the participant’s spouse for the applicable period of coverage.
   e.  “Participant” means a person who timely submits an election to participate, is accepted to participate, and does participate, in the state employee retirement incentive program established under this section.
   f.  “Program” means the state employee retirement incentive program established under this section.
   g.  “Qualified employee” means an employee of a judicial district department of correctional services, an employee in the office of a statewide elected official, or an employee of the state board of regents if the board elects to participate in the program.
   h.  “Years of service incentive benefit” means an amount equal to, for eligible employees with at least ten years of state employment service, one thousand dollars for each year of state employment service up to a maximum of twenty-five years of state employment service. For purposes of this paragraph, “state employment service” means service, as defined in section 97B.1A, for which the employer is the state.
   2.  Program eligibility.  To become a participant in the program, an eligible employee shall do all of the following:
   a.  Submit by the eligible enrollment date, a written application, on forms prescribed by the department of administrative services, seeking participation in the program. For purposes of this paragraph, “eligible enrollment date” shall be the date, established by the department that is not a weekend or holiday, that is at least forty-five days after the effective date of this division of this Act.
   b.  Acknowledge in writing the eligible employee’s agreement to voluntarily terminate employment in exchange for participation in the state employee retirement incentive program as provided in this section.
   c.  Agree to waive all rights to file suit against the state of Iowa, including all of its departments, agencies, and other subdivisions, based on state or federal claims arising out of the employment relationship.
   d.  Acknowledge, in writing, that participation in the program waives any right to accept any employment with the state other than as an elected official on or after the date the eligible employee separates from employment.
   e.  Agree to separate from employment with the state no later than thirty days after the eligible enrollment date as established in this subsection.
   3.  Participant acceptance.  An eligible employee shall be accepted into the program if the department of administrative services determines that the eligible employee meets the requirements to be eligible to participate in the program.
   4.  Program benefits.  Upon acceptance to participate in the program and separation from employment with the state no later than the date as determined in subsection 2, paragraph “e”, a participant shall receive the following benefits:
   a.  During November 2015, and each November thereafter for a total of five years, the state shall pay to the participant, or the participant’s beneficiary, an amount equal to twenty percent of the years of service incentive benefit for that participant.
   b.  For the period of time commencing with the first month in which a participant is ineligible for or exhausts the participant’s available remaining value of sick leave used to pay the state share for the participant’s continuation of state group health insurance coverage as provided in section 70A.23, subsection 3, and ending five years from the date the participant separates from employment with the state as provided in this section, the participant, or the participant’s surviving spouse, shall be entitled to receive a health insurance contribution benefit to be used by the participant or the participant’s beneficiary to pay the cost for eligible state group health insurance. The department of administrative services shall determine what health insurance plans constitute eligible state group health insurance for purposes of this paragraph “b”.
   5.  Reemployment.
   a.  An employer shall not offer permanent part-time employment, permanent full-time employment, temporary employment, or retention as an independent contractor to a participant.
   b.  This section shall not preclude a participant from membership on a board or commission.
   6.  Program administration and reporting.
   a.  The department of administrative services shall administer the program and shall adopt administrative rules to administer the program. The department of administrative services and the department of management may adopt rules on an emergency basis under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules.
   b.  Records of the Iowa public employees’ retirement system shall be released for the purposes of administering and monitoring the program subject to the requirements of section 97B.17, subsection 5.
   c.  The department of administrative services, in collaboration with the department of management, shall present an interim report to the general assembly, including copies to the legislative services agency and the fiscal committee of the legislative council, by December 1, 2015, concerning the operation of the program. The department shall also submit an annual update concerning the program by October 1 of each year for four years, commencing December 1, 2016. The reports shall include information concerning the number of program participants, the cost of the program including any payments made to participants, the number of state employment positions not filled pursuant to the program, and the number of positions vacated by a program participant that have been refilled with a comparison of the salary of the program participant at the time the position was vacated to the beginning salary of the person who refilled the position.
   7.  Legislative and judicial branch employees.
   a.  The legislative council may provide a retirement incentive program for employees of the legislative branch consistent with the program provided in this section for executive branch employees. If the legislative council provides an incentive program, the legislative council shall collaborate with the department of administrative services to establish the program as required under this section as nearly as identical as possible to the program provided executive branch employees under this section. The program provided pursuant to this paragraph “a” shall establish the same time guidelines and benefit calculations as provided under the program for executive branch employees.
   b.  The supreme court may provide a retirement incentive program for employees of the judicial branch consistent with the program provided in this section for executive branch employees. If the supreme court provides an incentive program, the supreme court shall collaborate with the department of administrative services to establish the program as required under this section as nearly as identical as possible to the program provided executive branch employees under this section. The program provided pursuant to this paragraph “b” shall establish the same time guidelines and benefit calculations as provided under the program for executive branch employees.
    Sec. 66.  APPROPRIATIONS REDUCTION.  The amounts appropriated from the general fund of the state to the departments and establishments of the executive branch, as defined in section 8.2, but not including appropriations to the state board of regents, for operational purposes in enactments made for the fiscal year beginning July 1, 2015, and ending June 30, 2016, are reduced by an amount up to $16,130,000. For purposes of this section, “operational purposes” means salary, support, administrative expenses, or other personnel-related costs. The reductions in appropriations required pursuant to this section shall be realized through the implementation of this division of this Act. The reductions to operational appropriations required by this section shall be applied by the department of management.
    Sec. 67.  DEPARTMENT OF MANAGEMENT —— STATE EMPLOYEE RETIREMENT INCENTIVE PROGRAM —— APPROPRIATION.
   1.  There is appropriated from the general fund of the state to the department of management for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For reimbursing state agencies for costs associated with the state employee retirement incentive program:

.................................................. $ 16,130,000

   Moneys appropriated in this subsection shall be transferred by the department of management to state agencies to reimburse such agencies for payments required under the state employee retirement incentive program. If moneys appropriated under this subsection are insufficient to reimburse all such costs incurred by state agencies, the department of management shall transfer the moneys on a pro rata basis.

   Notwithstanding section 8.33, moneys appropriated in this subsection that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

   2.  It is the intent of the general assembly to fund reimbursements to state agencies for payments required under the state employee retirement incentive program in future years through appropriations made to the department of management.
    Sec. 68.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION VIII
SCHOOL AID —— PERCENTS OF GROWTH
    Sec. 69.  Section 257.8, subsections 1 and 2, Code 2015, are amended to read as follows:
   1.  State percent of growth.  The state percent of growth for the budget year beginning July 1, 2012, is two percent. The state percent of growth for the budget year beginning July 1, 2013, is two percent. The state percent of growth for the budget year beginning July 1, 2014, is four percent.  The state percent of growth for the budget year beginning July 1, 2015, is two and five-eighths percent. The state percent of growth for the budget year beginning July 1, 2016, is four percent. The state percent of growth for each subsequent budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The establishment of the state percent of growth for a budget year shall be the only subject matter of the bill which enacts the state percent of growth for a budget year.
   2.  Categorical state percent of growth.  The categorical state percent of growth for the budget year beginning July 1, 2012, is two percent. The categorical state percent of growth for the budget year beginning July 1, 2013, is two percent. The categorical state percent of growth for the budget year beginning July 1, 2014, is four percent.  The categorical state percent of growth for the budget year beginning July 1, 2015, is two and five-eighths percent. The categorical percent of growth for the budget year beginning July 1, 2016, is four percent. The categorical state percent of growth for each budget year shall be established by statute which shall be enacted within thirty days of the submission in the year preceding the base year of the governor’s budget under section 8.21. The establishment of the categorical state percent of growth for a budget year shall be the only subject matter of the bill which enacts the categorical state percent of growth for a budget year. The categorical state percent of growth may include state percents of growth for the teacher salary supplement, the professional development supplement, the early intervention supplement, and the teacher leadership supplement.
    Sec. 70.  CODE SECTION 257.8 —— IMPLEMENTATION.  The requirements of section 257.8, subsections 1 and 2, regarding the enactment of bills establishing the regular program state percent of growth and the categorical state percent of growth within thirty days of the submission in the year preceding the base year of the governor’s budget and the subject matter limitation of bills establishing the state percent of growth and the categorical state percent of growth do not apply to this division of this Act.
    Sec. 71.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION IX
APPORTIONMENT OF TRANSPORTATION FUNDS —— APPROPRIATION
    Sec. 72.  STREET CONSTRUCTION FUND —— APPROPRIATION.
   1.  In a written application to the treasurer of state submitted by October 1, 2015, a city may request an additional distribution of moneys to be credited to the street construction fund of the city equal to that additional amount, calculated by the treasurer, that the city would have received if the funds were apportioned based upon the population of the city as determined by section 312.3, subsection 2, paragraph “d”, for the months prior to the effective date of this division of this Act.
   2.  Upon determination by the treasurer of state that an additional amount should be credited to a city as provided by this section, there is appropriated from the general fund of the state to the department of transportation, for the fiscal year beginning July 1, 2015, and ending June 30, 2016, an amount sufficient to pay the additional amount which shall be distributed to the city for deposit in the street construction fund of the city.
    Sec. 73.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 74.  RETROACTIVE APPLICABILITY.  This division of this Act applies retroactively to March 2011.

DIVISION X
DRUG OVERDOSE PREVENTION
    Sec. 75.  Section 85.27, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  If an employee receives care pursuant to subsection 1 and the treating physician or other health care professional reasonably believes, based on such physician’s or other health care professional’s professional judgment, that the employee is at risk of an opioid-related overdose due to the work-related injury or the treatment of the work-related injury, the cost of an opioid antagonist shall be paid by the employer or the employer’s insurance carrier. For purposes of this subsection, “opioid antagonist” and “opioid-related overdose” mean the same as defined in section 124.418.
    Sec. 76.  NEW SECTION.  124.417  Persons seeking medical assistance for drug-related overdose.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Drug-related overdose” means a condition of a person for which each of the following is true:
   (1)  The person is in need of medical assistance.
   (2)  The person displays symptoms including but not limited to extreme physical illness, pinpoint pupils, decreased level of consciousness including coma, or respiratory depression.
   (3)  The person’s condition is the result of, or a prudent layperson would reasonably believe such condition to be the result of, the consumption or use of a controlled substance.
   b.  “Overdose patient” means a person who is, or would reasonably be perceived to be, suffering a drug-related overdose.
   c.  “Overdose reporter” means a person who seeks medical assistance for an overdose patient.
   d.  “Protected information” means information or evidence collected or derived as a result of any of the following:
   (1)  An overdose patient’s good-faith actions to seek medical assistance while experiencing a drug-related overdose.
   (2)  An overdose reporter’s good-faith actions to seek medical assistance for an overdose patient experiencing a drug-related overdose if all of the following are true:
   (a)  The overdose patient is in need of medical assistance for an immediate health or safety concern.
   (b)  The overdose reporter is the first person to seek medical assistance for the overdose patient.
   (c)  The overdose reporter provides the overdose reporter’s name and contact information to medical or law enforcement personnel.
   (d)  The overdose reporter remains on the scene until assistance arrives or is provided.
   (e)  The overdose reporter cooperates with law enforcement and medical personnel.
   2.  Protected information shall not be considered to support probable cause and shall not be admissible as evidence against an overdose patient or overdose reporter for any of the following offenses:
   a.  Violation of section 124.401, subsection 1.
   b.  Possession of a controlled substance under section 124.401, subsection 5.
   c.  Violation of section 124.407.
   d.  Violation of section 124.414.
   3.  A person’s pretrial release, probation, supervised release, or parole shall not be revoked based on protected information.
   4.  Notwithstanding any other provision of law to the contrary, the act of providing first aid or other medical assistance to someone who is experiencing a drug-related overdose may be considered by a court as a mitigating factor in a criminal prosecution.
   5.  This section shall not be construed to limit the use or admissibility of any evidence in a criminal case other than as provided in subsection 2.
    Sec. 77.  NEW SECTION.  124.418  Possession of an opioid antagonist.
   1.  For purposes of this section:
   a.  “Health care professional” means a physician and surgeon or osteopathic physician and surgeon licensed under chapter 148, physician assistant licensed under chapter 148C, advanced registered nurse practitioner licensed under chapter 152 or 152E, or pharmacist licensed under chapter 155A.
   b.  “Opioid antagonist” means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States food and drug administration.
   c.  “Opioid-related overdose” means a condition of a person for which each of the following is true:
   (1)  The person requires medical assistance.
   (2)  The person displays symptoms including but not limited to extreme physical illness, pinpoint pupils, decreased level of consciousness including coma, or respiratory depression.
   (3)  The person’s condition is the result of, or a prudent layperson would reasonably believe the person’s condition to be the result of, consumption or use of an opioid or another substance with which an opioid was combined.
   2.  Notwithstanding the provisions of this chapter or any other law, a person may possess an opioid antagonist if each of the following is true:
   a.  The opioid antagonist is prescribed, dispensed, furnished, distributed, or otherwise provided by a health care professional otherwise authorized to prescribe an opioid antagonist, either directly, by standing order, or through a collaborative agreement.
   b.  The person is a family member or friend of, or other person in a position to assist, a person at risk of experiencing an opioid-related overdose.
    Sec. 78.  NEW SECTION.  135.181  Standards and reports on opioid antagonist use.
   1.  For purposes of this section:
   a.  “Emergency medical services” means the same as defined in section 147A.1.
   b.  “First responder” means emergency medical personnel, state and local law enforcement personnel, or fire department personnel who provide emergency medical services.
   c.  “Health care professional” means a physician and surgeon or osteopathic physician and surgeon licensed under chapter 148, physician assistant licensed under chapter 148C, advanced registered nurse practitioner licensed under chapter 152 or 152E, or pharmacist licensed under chapter 155A.
   d.  “Opioid antagonist” means the same as defined in section 124.418.
   2.  The department shall develop standards for recordkeeping and reporting of opioid antagonist use by first responders in this state, and shall provide an annual report to the general assembly with recommendations regarding the use of opioid antagonists in this state.
   3.  The department shall consult with health care professional organizations, organizations representing first responders, and other groups as determined by the department to develop protocols and instructions for the administration of an opioid antagonist by a person who is not a health care professional or a first responder. The department shall make the protocols and instructions developed pursuant to this subsection publicly available on the department’s internet site.
    Sec. 79.  Section 147.107, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  a.  For purposes of this subsection:
   (1)  “Opioid antagonist” means the same as defined in section 124.418.
   (2)  “Opioid-related overdose” means the same as defined in section 124.418.
   b.  Notwithstanding subsection 1 or any other provision of law, a health care professional otherwise authorized to prescribe an opioid antagonist may directly, by standing order, or through collaborative agreement, prescribe, dispense, furnish, or otherwise provide an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a family member or friend of, or other person whom the health care professional believes to be in a position to assist, a person at risk of experiencing an opioid-related overdose. Any such prescription shall be deemed as being issued for a legitimate medical purpose in the usual course of professional practice.
   c.  A health care professional who prescribes an opioid antagonist shall document the reasons for the prescription or standing order.
   d.  A pharmacist who dispenses, furnishes, or otherwise provides an opioid antagonist pursuant to a valid prescription, standing order, or collaborative agreement shall provide instruction to the recipient in accordance with the protocols and instructions developed by the department of public health under section 135.181.
   e.  A health care professional who is licensed to prescribe an opioid antagonist shall not be subject to any disciplinary action or civil or criminal liability for prescribing an opioid antagonist to a person whom the health care professional reasonably believes may be in a position to assist or administer the opioid antagonist to a person at risk of an opioid-related overdose.
    Sec. 80.  Section 147A.10, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  For purposes of this subsection:
   (1)  “Opioid antagonist” means the same as defined in section 124.418.
   (2)  “Opioid-related overdose” means the same as defined in section 124.418.
   b.  An emergency medical care provider or a law enforcement officer who has been trained in the administration of an opioid antagonist and acts with reasonable care in administering an opioid antagonist to another person who the emergency medical care provider or law enforcement officer believes in good faith to be suffering an opioid-related overdose shall not be subject to civil liability, disciplinary action, or a civil or criminal penalty for an act or omission related to or resulting from the administration.
    Sec. 81.  NEW SECTION.  155A.45  Administration of an opioid antagonist.
   1.  For purposes of this section:
   a.  “Opioid antagonist” means the same as defined in section 124.418.
   b.  “Opioid-related overdose” means the same as defined in section 124.418.
   2.  A person who is not otherwise licensed by an appropriate state board to prescribe, dispense, or administer opioid antagonists to patients may, in an emergency, administer an opioid antagonist to another person if the person believes in good faith that the other person is suffering an opioid-related overdose, and the person shall not be subject to civil liability, disciplinary action, or a civil or criminal penalty for an act or omission related to or resulting from the administration of an opioid antagonist.
    Sec. 82.  Section 249A.20A, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  a.  For purposes of this subsection, “opioid antagonist” means the same as defined in section 124.418.
   b.  Notwithstanding anything in this section to the contrary, the department shall include an opioid antagonist as preferred on the preferred drug list and provide for reimbursement of any device integral to its administration. Reimbursement under the medical assistance program shall be provided through existing resources.

DIVISION XI
COUNTY COURTHOUSES
    Sec. 83.  Section 602.6105, subsection 2, Code 2015, is amended to read as follows:
   2.  In any county having two county seats, court shall be held at each, and, in the county of Pottawattamie, court shall be held at Avoca, as well as at the county seat.
    Sec. 84.  REPEAL.  1884 Iowa Acts, chapter 198, is repealed.

DIVISION XII
REFUGEE FAMILY SUPPORT SERVICES
    Sec. 85.  REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM.
   1.  The bureau of refugee services within the department of human services shall establish, promote, and administer a refugee family support services pilot program for purposes of providing a grant to a state, local, or community organization working with refugee populations to contract with and train multiple refugees to act as refugee community navigators.
   2.  An organization awarded a grant pursuant to this section shall recruit and train multiple refugee community navigators to educate and provide direct assistance to their respective refugee communities so the refugee communities can successfully access and utilize existing community resources and services.
   3.  The refugee community navigators shall train other refugee community members and shall offer home-based, peer-group learning sessions about resources in the community.
   4.  A grant awarded pursuant to this section shall be used for employment costs of a program manager and community navigator coordinator, and contract and stipend costs for multiple refugee community navigators for each organization.
   5.  The bureau of refugee services shall award one grant to a state, local, or community organization through a competitive application process. The bureau shall provide moneys over a three-year period to an organization awarded a grant.
   6.  A state, local, or community organization awarded a grant pursuant to this section shall provide the bureau with annual progress reports. The bureau of refugee services shall present a report of the program goals and outcomes to the general assembly.
   7.  The bureau of refugee services shall conduct a comprehensive review of the refugee family support services pilot program and shall, by December 31, 2017, submit a report of its review, as well as any recommendations and cost projections of its recommendations to the governor and the general assembly.
   8.  The bureau of refugee services may expend program moneys for administrative expenses as provided by law.
    Sec. 86.  REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM APPROPRIATION.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

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

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

   Of the moneys appropriated for each fiscal year, $10,000 may be used for bureau of refugee services’ administration costs for establishing, promoting, and administering the program.

   Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 87.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XIII
DEPARTMENT OF MANAGEMENT —— DUTIES
    Sec. 88.  Section 8.6, subsections 12 and 13, Code 2015, are amended by striking the subsections.
    Sec. 89.  Section 8A.111, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  An annual report on the administration and promotion of equal opportunity in state contracts and services under section 19B.7.
    Sec. 90.  Section 19B.6, Code 2015, is amended to read as follows:
   19B.6  Responsibilities of department of administrative services and department of management —— affirmative action.

   The department of administrative services shall oversee the implementation of sections 19B.1 through 19B.5 and shall work with the governor to ensure compliance with those sections, including the attainment of affirmative action goals and timetables, by all state agencies, excluding the state board of regents and its institutions. The department of management shall oversee the implementation of sections 19B.1 through 19B.5 and shall work with the governor to ensure compliance with those sections, including the attainment of affirmative action goals and timetables, by the state board of regents and its institutions.
    Sec. 91.  Section 19B.7, subsection 1, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Except as otherwise provided in subsection 2, the department of management administrative services is responsible for the administration and promotion of equal opportunity in all state contracts and services and the prohibition of discriminatory and unfair practices within any program receiving or benefiting from state financial assistance in whole or in part. In carrying out these responsibilities the department of management administrative services shall:
    Sec. 92.  Section 19B.8, Code 2015, is amended to read as follows:
   19B.8  Sanctions.

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

DIVISION XIV
CLAIMS AGAINST THE STATE AND BY THE STATE
    Sec. 93.  Section 8.55, subsection 3, paragraph a, Code 2015, is amended to read as follows:
   a.  Except as provided in paragraphs “b”, “c”, and “d”, and “0e”, the moneys in the Iowa economic emergency fund shall only be used pursuant to an appropriation made by the general assembly. An appropriation shall only be made for the fiscal year in which the appropriation is made. The moneys shall only be appropriated by the general assembly for emergency expenditures.
    Sec. 94.  Section 8.55, subsection 3, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0e.  There is appropriated from the Iowa economic emergency fund to the state appeal board an amount sufficient to pay claims authorized by the state appeal board as provided in section 25.2.
    Sec. 95.  Section 25.2, subsection 4, Code 2015, is amended to read as follows:
   4.  Payments authorized by the state appeal board shall be paid from the appropriation or fund of original certification of the claim. However, if that appropriation or fund has since reverted under section 8.33, then such payment authorized by the state appeal board shall be out of any money in the state treasury not otherwise appropriated as follows:
   a.  From the appropriation made from the Iowa economic emergency fund in section 8.55 for purposes of paying such expenses.
   b.  To the extent the appropriation from the Iowa economic emergency fund described in paragraph “a” is insufficient to pay such expenses, there is appropriated from moneys in the general fund of the state not otherwise appropriated the amount necessary to fund the deficiency.

DIVISION XV
STATE GEOLOGICAL SURVEY
    Sec. 96.  Section 456.1, Code 2015, is amended by striking the section and inserting in lieu thereof the following:
   456.1  Geological survey created.

   A geological survey of the state is created within the university of Iowa.
    Sec. 97.  Section 456.2, Code 2015, is amended to read as follows:
   456.2  State geologist —— qualifications.

   The director board of regents shall appoint the state geologist. The state geologist must, at a minimum, have a masters degree in geology from an accredited college or university and must have at least five years of geological experience. The annual salary of the state geologist shall be determined by the director.
    Sec. 98.  Section 456.4, Code 2015, is amended to read as follows:
   456.4  Investigations —— collection —— renting space.

   The state geologist shall investigate the characters of the various soils and their capacities for agricultural purposes, the streams, and other scientific and natural resource matters that may be of practical importance and interest. For the purpose of preserving well drilling samples, rock cores, fossils, and other materials as may be necessary to carry on investigations, the state geologist shall have the authority to lease or rent sufficient space for storage of these materials with the approval of the director of the department of administrative services. A complete cabinet collection may shall be made to illustrate the natural products of the state, and the state geologist may also furnish suites of materials, rocks, and fossils for colleges and public museums within the state, if it can be done without impairing the general state collection.
    Sec. 99.  Section 456.7, Code 2015, is amended to read as follows:
   456.7  Annual report.

   The state geologist shall, annually, at the time provided by law, make to the governor and the general assembly a full report of the work in the preceding year, which report shall be accompanied by such other reports and papers as may be considered desirable for publication.
    Sec. 100.  Section 456.10, Code 2015, is amended to read as follows:
   456.10  Distribution and sale of reports.

   All publications of the geological survey shall be distributed by the state as are other published reports of state officers when no special provision is made. When such distribution has been made the state geologist shall retain a sufficient number of copies to supply probable future demands and any copies in excess of such number shall be sold to persons making application therefor at the cost price of publication, the money thus accruing to be turned into the treasury of the state made available electronically via an internet site maintained by the university of Iowa.
    Sec. 101.  ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 
   1.  Any rule, regulation, form, order, or directive promulgated by the department of natural resources as required to administer and enforce the provisions of chapter 456 shall continue in full force and effect until amended, repealed, or supplemented by affirmative action of the state geological survey.
   2.  An administrative hearing or court proceeding arising out of an enforcement action under section 455B.109 pending on the effective date of this division of this Act shall not be affected due to this division of this Act. Any cause of action or statute of limitation relating to an action taken by the department of natural resources shall not be affected as a result of this division of this Act and such cause or statute of limitation shall apply to the state geological survey.
   3.  Any personnel in the state merit system of employment who are mandatorily transferred due to the effect of this division of this Act shall be so transferred without any loss in salary, benefits, or accrued years of service.
   4.  Any replacement of signs, logos, stationery, insignia, uniforms, and related items that is made necessary due to the effect of this division of this Act shall be done as part of the normal replacement cycle for such items.
    Sec. 102.  ENVIRONMENT FIRST FUND —— FY 2015-2016.
   1.  There is appropriated from the environment first fund created in section 8.57A to the university of Iowa for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

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

.................................................. $    695,000

   2.  Moneys appropriated to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2015, for purposes of regulating water quantity from surface and subsurface sources are reduced by $495,000.
   3.  Moneys appropriated to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2015, for purposes of continuing the operations of the department’s geological and water survey are reduced by $200,000.
    Sec. 103.  ENVIRONMENT FIRST FUND —— FY 2016-2017.
   1.  There is appropriated from the environment first fund created in section 8.57A to the university of Iowa for the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

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

.................................................. $    347,500

   2.  Moneys appropriated to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2016, for purposes of regulating water quantity from surface and subsurface sources are reduced by $247,500.
   3.  Moneys appropriated to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2016, for purposes of continuing the operations of the department’s geological and water survey are reduced by $100,000.
    Sec. 104.  GENERAL FUND —— FY 2015-2016.
   1.  There is appropriated from the general fund of the state to the university of Iowa for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

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

.................................................. $    132,000

   2.  Moneys appropriated to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2015, for purposes of supporting the department, including its divisions, for administration, regulation, and programs are reduced by $132,000.
    Sec. 105.  GENERAL FUND —— FY 2016-2017.
   1.  There is appropriated from the general fund of the state to the university of Iowa for the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

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

.................................................. $     66,000

   2.  Moneys appropriated to the department of natural resources in 2015 Iowa Acts, Senate File 494, if enacted, for the fiscal year beginning July 1, 2016, for purposes of supporting the department, including its divisions, for administration, regulation, and programs are reduced by $66,000.
    Sec. 106.  REBUILD IOWA INFRASTRUCTURE FUND.  There is appropriated from the rebuild Iowa infrastructure fund to the university of Iowa for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For the state geological survey, including salaries, support, maintenance, and miscellaneous purposes, notwithstanding section 8.57, subsection 5, paragraph “c”:

.................................................. $    300,000

DIVISION XVI
REVIVAL OF USE RESTRICTIONS
    Sec. 107.  NEW SECTION.  564B.1  Definitions.

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

   1.  “Bylaws” means the instruments, however denominated, that contain the procedures for conducting the affairs of the homeowners’ association or the executive board regardless of the form in which the homeowners’ association is organized, including any amendments to such instruments.
   2.  a.  “Common interest community” means real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other parcels, or other real estate described in the declaration. “Common interest community” includes a cooperative under chapter 499A and a horizontal property regime under chapter 499B.
   b.  “Common interest community” does not include a covenant that requires the owners of separate parcels of real estate to share costs or other obligations related to a wall, driveway, well, or other similar structure, unless all such owners consent in writing to the creation of a common interest community.
   3.  “Declaration” means a recorded written instrument in the nature of covenants running with the land that subject the land comprising the common interest community to the jurisdiction and control of a homeowners’ association in which the owners of the parcels are required to be members.
   4.  “Executive board” means the body, regardless of name, designated in the declaration, formation document, or bylaws to act on behalf of the homeowners’ association.
   5.  “Formation document” means the document filed with the secretary of state that creates a business entity, including but not limited to articles of incorporation, articles of organization, and a certificate of organization.
   6.  “Homeowners’ association” means an entity responsible for the operation of a common interest community in which the voting membership is made up of parcel owners and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel.
   7.  “Parcel” means a physical portion of the common interest community designated for separate ownership or occupancy or as otherwise defined in the statute under which the common interest community is organized.
   8.  “Parcel owner” means the record owner of legal title to a parcel or, if the parcel is subject to a contract for deed, the vendee of the real estate contract. “Parcel owner” does not include a person having an interest in a parcel solely as security for an obligation.
   9.  “Use restrictions” means the same as defined in section 614.24, subsection 5.
    Sec. 108.  NEW SECTION.  564B.2  Revival of use restrictions.

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

   1.  All parcels which will be subject to the revived use restrictions were previously subject to the use restrictions.
   2.  The affected parcel owners approve the revived use restrictions in the manner provided in this chapter.
    Sec. 109.  NEW SECTION.  564B.3  Procedure to revive use restrictions.
   1.  The proposal to revive use restrictions may contain less than all of the use restrictions which have become unenforceable by operation of section 614.24, but shall not modify any use restriction sought to be revived.
   2.  The proposal to revive use restrictions in a declaration under the terms of this chapter may be initiated by either of the following:
   a.  The executive board.
   b.  The parcel owners, if a petition is signed by parcel owners who own at least ten percent of the parcels. Such petition shall include the language of the use restrictions proposed to be revived.
   3.  If a proposal is initiated under subsection 2, the executive board shall prepare or cause to be prepared the complete text of the proposed use restrictions to be submitted to the affected parcel owners for approval.
   4.  a.  The executive board shall present or cause to be presented to all of the affected parcel owners, by mail or hand delivery, all of the following:
   (1)  A notice containing either the place, date, and time of the meeting at which the revival of the use restrictions will be considered and voted upon or instructions for an action by written ballot, including the last date that a written ballot will be accepted.
   (2)  A copy of the complete text of the use restrictions proposed to be revived.
   (3)  The existing declaration, formation document, and bylaws of the homeowners’ association.
   (4)  A graphic depiction of the property and the parcels to be governed by the revived use restrictions.
   (5)  A statement that the use restrictions will be revived if parcel owners who own a majority of the affected parcels approve revival.
   b.  The parcel owners entitled to receive notice and the materials described in paragraph “a” are the owners of affected parcels as of the close of business on the business day preceding the day on which notice is given.
   5.  The use restrictions shall be revived if the owners of a majority of the affected parcels approve the revived use restrictions by a vote at a meeting of the affected parcel owners conducted in the manner described in section 564B.4 or in an action by written ballot as described in section 564B.5.
    Sec. 110.  NEW SECTION.  564B.4  Meetings to revive use restrictions.
   1.  A vote to revive use restrictions shall not be held unless the parcel owners described in section 564B.3, subsection 4, paragraph “b”, received the notice and documents specified in section 564B.3, subsection 4, not less than fourteen days or more than sixty days before such a vote.
   2.  A quorum shall be met if parcel owners who own a majority of the affected parcels are present at the meeting, either in person or by proxy.
   3.  The parcel owners entitled to vote at the meeting are the owners of affected parcels as of the date of the meeting.
   4.  At the meeting, there shall be one vote per parcel, regardless of the number of parcel owners who own such parcel.
   5.  a.  The parcel owners have the right to vote in person or by proxy.
   b.  To be valid, a proxy must be dated, shall state the date, time, and place of the meeting for which the proxy was given, and shall be signed by the parcel owner. If a parcel is owned by more than one person, each owner of the parcel shall sign the proxy for such proxy to be valid.
   c.  A proxy is effective only for the specific meeting for which the proxy was originally given.
   d.  A proxy is revocable at any time at the discretion of a parcel owner who executed the proxy.
   e.  If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in the proxy holder’s place.
    Sec. 111.  NEW SECTION.  564B.5  Action by written ballot.
   1.  A vote to revive use restrictions may be taken without a meeting if the executive board delivers a written ballot with the notice and other documents required to be delivered under section 564B.3, subsection 4, to the owners of every affected parcel.
   2.  A written ballot shall set forth the use restrictions proposed to be revived and provide an opportunity to vote for or against revival.
   3.  One written ballot shall be provided for each parcel, regardless of the number of parcel owners who own such parcel.
   4.  The use restrictions shall be revived if the parcel owners of a majority of the affected parcels approve the revived use restrictions by written ballot.
   5.  The deadline for the written ballot to be received to be counted shall be at least fourteen days, but not more than sixty days, after the written ballot was delivered.
   6.  A written ballot that has been cast shall not be revoked.
    Sec. 112.  NEW SECTION.  564B.6  Recording and notice of recording.
   1.  No later than thirty days after the parcel owners have approved the revival of the use restrictions, the executive board shall file the revived use restrictions with the recorder of each county in which the land comprising the common interest community is located.
   2.  Immediately after recording the revived use restrictions, the executive board shall mail or deliver, or shall cause to be mailed or delivered, a complete copy of the revived use restrictions to each parcel owner.
    Sec. 113.  NEW SECTION.  564B.7  Effect of revived use restrictions.
   1.  The revived use restrictions shall be effective upon recordation with respect to each affected parcel, regardless of whether an owner of an affected parcel approved the revived use restrictions.
   2.  The revived use restrictions shall not be given retroactive effect with respect to any affected parcel.
   3.  A use restriction revived under this chapter shall not be enforced against a parcel if each of the following are true:
   a.  A parcel owner made a good-faith investment that would be impaired by such enforcement.
   b.  The good-faith investment described in paragraph “a” was made after the use restriction was unenforceable under section 614.24 and before the use restriction was revived pursuant to this chapter.
    Sec. 114.  Section 614.24, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  If use restrictions are revived pursuant to chapter 564B, the recording date for purposes of the twenty-one year limitation in subsection 1 shall be the date the revived use restrictions are recorded under section 564B.6, subsection 1.
    Sec. 115.  APPLICABILITY.  This division of this Act applies to common interest communities created prior to, and still in existence on, July 1, 2015, and created on or after July 1, 2015.

DIVISION XVII
INTEROPERABLE COMMUNICATIONS
    Sec. 116.  Section 80.28, subsection 2, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   The board shall consist of fifteen seventeen voting members, as follows:
    Sec. 117.  Section 80.28, subsection 2, paragraph b, subparagraph (4), Code 2015, is amended to read as follows:
   (4)  Two members who are law public safety communication center managers employed by state or local government agencies.
    Sec. 118.  Section 80.28, subsection 2, paragraph b, Code 2015, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (05)  One member representing local emergency management coordinators.
   NEW SUBPARAGRAPH.  (005)  One member representing emergency medical service providers.

DIVISION XVIII
HUMAN TRAFFICKING
    Sec. 119.  Section 80B.11, subsection 1, paragraph c, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  In-service training under this paragraph “c” shall include the requirement that all law enforcement officers complete four hours of in-service training every five years related to domestic assault, sexual assault, human trafficking, stalking, and harassment. Such in-service training shall be approved by the academy in consultation with the Iowa coalition against sexual assault and the Iowa coalition against domestic violence.
    Sec. 120.  NEW SECTION.  692.23  Human trafficking information.

   The division of criminal and juvenile justice planning of the department of human rights shall collect and maintain criminal history data on incidents related to human trafficking in this state, and shall submit an annual report to the general assembly concerning the collected data. For purposes of this section, “incidents related to human trafficking” means criminal violations of section 710.5, 710.11, or 710A.2, section 725.1, subsection 2, or section 725.2 or 725.3, or violations of section 710.2, 710.3, or 710.4 if the victim was forced to provide labor or services or participate in commercial sexual activity.
    Sec. 121.  Section 702.11, subsection 1, Code 2015, is amended to read as follows:
   1.  A “forcible felony” is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree, or human trafficking.
    Sec. 122.  NEW SECTION.  710A.6  Outreach, public awareness, and training programs.

   The crime victim assistance division of the department of justice, in cooperation with other governmental agencies and nongovernmental or community organizations, shall develop and conduct outreach, public awareness, and training programs for the general public, law enforcement agencies, first responders, potential victims, and persons conducting or regularly dealing with businesses or other ventures that have a high statistical incidence of debt bondage or forced labor or services. The programs shall train participants to recognize and report incidents of human trafficking and to suppress the demand that fosters exploitation of persons and leads to human trafficking.
    Sec. 123.  Section 915.94, Code 2015, is amended to read as follows:
   915.94  Victim compensation fund.

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

DIVISION XIX
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS INTERNSHIP
    Sec. 124.  Section 15.411, subsection 3, Code 2015, is amended to read as follows:
   3.  a.  The authority shall establish and administer an internship program with two components for Iowa students.  To the extent permitted by this subsection, the authority shall administer the two components in as similar a manner as possible. For purposes of this subsection, “Iowa student” means a student of an Iowa community college, private college, or institution of higher learning under the control of the state board of regents, or a student who graduated from high school in Iowa but now attends an institution of higher learning outside the state of Iowa.
   b.  The purpose of the first component of the program is to link Iowa students to small and medium sized Iowa firms through internship opportunities. An Iowa employer may receive financial assistance in an amount of one dollar for every two dollars paid by the employer to an intern on a matching basis for a portion of the wages paid to an intern.  If providing financial assistance, the authority shall provide the assistance on a reimbursement basis such that for every two dollars of wages earned by the student, one dollar paid by the employer is matched by one dollar from the authority. The amount of financial assistance shall not exceed three thousand one hundred dollars for any single internship, or nine thousand three hundred dollars for any single employer. In order to be eligible to receive financial assistance under this paragraph, the employer must have five hundred or fewer employees and must be an innovative business. The authority shall encourage youth who reside in economically distressed areas, youth adjudicated to have committed a delinquent act, and youth transitioning out of foster care to participate in the first component of the internship program.
   c.  (1)  The purpose of the second component of the program is to assist in placing Iowa students studying in the fields of science, technology, engineering, and mathematics into internships that lead to permanent positions with Iowa employers. The authority shall collaborate with eligible employers, including but not limited to innovative businesses, to ensure that the interns hired are studying in such fields. An Iowa employer may receive financial assistance in an amount of one dollar for every dollar paid by the employer to an intern on a matching basis for a portion of the wages paid to an intern.  If providing financial assistance, the authority shall provide the assistance on a reimbursement basis such that for every two dollars of wages earned by the student, one dollar paid by the employer is matched by one dollar from the authority. The amount of financial assistance shall not exceed five thousand dollars per internship. The authority may adopt rules to administer this component.  In adopting rules to administer this component, the authority shall adopt rules as similar as possible to those adopted pursuant to paragraph “b”.
   (2)  The requirement to administer this component of the internship program is contingent upon the provision of funding for such purposes by the general assembly.
    Sec. 125.  EMERGENCY RULES.  The economic development authority may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this division of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 126.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 127.  RETROACTIVE APPLICABILITY.  This division of this Act applies retroactively to July 1, 2014.

DIVISION XX
ANTIHARASSMENT AND ANTIBULLYING
    Sec. 128.  Section 256.9, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  66.  Subject to an appropriation of funds by the general assembly, ensure each school district has access to adequate training on conducting investigations of complaints of incidents of harassment or bullying pursuant to section 280.28 by offering such training on an annual basis to at least one employee per district.
    Sec. 129.  NEW SECTION.  256.34  Bullying and violence prevention student mentoring pilot program.
   1.  Subject to an appropriation of funds by the general assembly, the department shall establish a student mentoring pilot program to explore how student leadership can help prevent bullying and violence in schools. The program shall promote best practices for bullying and violence prevention for middle and high school students.
   2.  The department shall establish the program in at least two middle schools and two high schools in the state. The selected schools shall include both urban and rural schools.
   3.  The department shall establish criteria for the selection of participating schools and evaluation of the program.
    Sec. 130.  Section 280.28, subsection 2, paragraphs a and c, Code 2015, are amended to read as follows:
   a.  “Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications including social networking sites, pager service, cell phones, and electronic text messaging, or any other electronic communication site, device, or means.
   c.  “Trait or characteristic of the student” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, behavior, or any other distinguishing characteristic. This paragraph shall be construed broadly to achieve the purposes of this section.
    Sec. 131.  Section 280.28, subsection 3, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  A procedure for the notification as soon as practicable of the parents or guardians of the alleged targeted students and perpetrators in a reported incident of harassment or bullying. The procedure shall include an exception to the notification requirement if a school official or a student whose parent or guardian would otherwise be notified reasonably believes notification would subject the student to rejection, abuse, or neglect.
    Sec. 132.  Section 280.28, Code 2015, is amended by adding the following new subsections:
   NEW SUBSECTION.  9.  Authority off school grounds.
   a.  A school official may investigate and impose school discipline in a founded case of harassment or bullying that occurs outside of school, off of school property, or away from a school function or school-sponsored activity if all of the following apply:
   (1)  An incident of harassment or bullying is reported pursuant to the school’s policy adopted under subsection 3, paragraph “e”.
   (2)  The alleged incident of harassment or bullying has an effect on a student on school grounds that creates an objectively hostile school environment that meets one or more of the conditions set out under subsection 2, paragraph “b”.
   b.  A school official’s investigation and response to an alleged incident of bullying or harassment that occurs outside of school, off of school property, or away from a school function or school-sponsored activity may include referring the matter to appropriate community-based agencies including but not limited to social services agencies, law enforcement agencies, and nonprofit organizations.
   NEW SUBSECTION.  10.  Rule of construction.  This section shall not be construed to diminish a school administrator’s discretion to impose discipline or take other action in the case of an unfounded incident of harassment or bullying if a student’s behavior otherwise constitutes student misconduct based on other grounds.
    Sec. 133.  Section 282.18, subsection 11, Code 2015, is amended to read as follows:
   11.  A pupil who participates in open enrollment for purposes of attending a grade in grades nine through twelve in a school district other than the district of residence is ineligible to participate in varsity interscholastic athletic contests and athletic competitions during the pupil’s first ninety school days of enrollment in the district except that the pupil may participate immediately in a varsity interscholastic sport if the pupil is entering grade nine for the first time and did not participate in an interscholastic athletic competition for another school or school district during the summer immediately following eighth grade, if the district of residence and the other school district jointly participate in the sport, if the sport in which the pupil wishes to participate is not offered in the district of residence, if the pupil chooses to use open enrollment to attend school in another school district because the district in which the student previously attended school was dissolved and merged with one or more contiguous school districts under section 256.11, subsection 12, if the pupil participates in open enrollment because the pupil’s district of residence has entered into a whole grade sharing agreement with another district for the pupil’s grade, or if the parent or guardian of the pupil participating in open enrollment is an active member of the armed forces and resides in permanent housing on government property provided by a branch of the armed services, or if the district of residence determines that the pupil was subject to a founded incident of harassment or bullying as defined in section 280.28 while attending school in the district of residence in the current or previous school year and both the district of residence and the other school district agree to allow the pupil to participate immediately in a varsity interscholastic sport. A pupil who has paid tuition and attended school, or has attended school pursuant to a mutual agreement between the two districts, in a district other than the pupil’s district of residence for at least one school year is also eligible to participate immediately in interscholastic athletic contests and athletic competitions under this section, but only as a member of a team from the district that pupil had attended. For purposes of this subsection, “school days of enrollment” does not include enrollment in summer school. For purposes of this subsection, “varsity” means the same as defined in section 256.46.
    Sec. 134.  SCHOOL CLIMATE AND BULLYING WORK GROUP.
   1.  The department of education shall convene a public-private work group of representatives of state and local agencies, citizens, community groups, and organizations who have experience and expertise in the areas of antibullying education, research, and training. The work group, after reviewing existing research, data, and strategies, shall provide recommendations to the department regarding best practices, training, resources, additional research needs, data collection, changes to state law and administrative rules, and any other matters to enhance statewide school climate improvement and bullying prevention, awareness, and intervention.
   2.  The membership of the work group shall include but not be limited to the following, to be appointed by the director:
   a.  At least three Iowans who are experts in research-based antibullying curricula or programs.
   b.  A public or nonpublic high school student.
   c.  A parent of a student enrolled in a public elementary or secondary school on a full-time basis.
   d.  A parent of a student enrolled in a nonpublic elementary or secondary school on a full-time basis.
   e.  A member from nominees submitted by the school administrators of Iowa.
   f.  A member from nominees submitted by the Iowa association of school boards.
   g.  A member from nominees submitted by the Iowa state education association.
   h.  Representatives from any organizations representing other relevant public or nonpublic school professionals.
   i.  A representative from a statewide organization that provides research-based training on bullying for school professionals.
   j.  A representative from at least one statewide organization with at least five years’ experience in advocating on bullying prevention based on research-based best practices.
   k.  A representative for children placed in foster care.
   l.  A representative of school counselors.
   m.  A member from nominees submitted by the Iowa parent teacher association.
   3.  When making appointments to the work group, the director shall ensure that public, nonpublic, urban, and rural schools are adequately represented by the membership of the work group.
   4.  The work group shall also include two ex officio members of each house of the general assembly. One member each shall be selected by the majority leader of the senate and by the minority leader of the senate, and one member each shall be selected by the speaker of the house of representatives and by the minority leader of the house of representatives. Members of the general assembly shall serve for terms as provided in section 69.16B and shall be entitled to receive per diem and necessary travel and actual expenses pursuant to section 2.10, subsection 5, while carrying out their official duties as members of the work group.
   5.  The department shall convene the work group by October 1, 2015. The work group shall submit its findings and recommendations in a final report to the department and the chairpersons and ranking members of the senate and house education committees by December 15, 2016.

DIVISION XXI
SCHOOL DISTRICT PROPERTY TAX

REPLACEMENT PAYMENTS
    Sec. 135.  Section 257.16B, subsection 2, paragraph c, unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate File 173, section 3, is amended to read as follows:

   For each the budget year beginning on or after July 1, 2015, unless otherwise provided by law, the department of management shall calculate for each school district all of the following:
    Sec. 136.  Section 257.16B, subsection 2, paragraph c, subparagraph (3), as enacted by 2015 Iowa Acts, Senate File 173, section 3, is amended to read as follows:
   (3)  The amount of each school district’s property tax replacement payment. Each school district’s property tax replacement payment equals the school district’s weighted enrollment for the budget year beginning July 1, 2015, multiplied by the remainder of the amount calculated for the school district under subparagraph (2) minus the amount calculated for the school district under subparagraph (1). 
    Sec. 137.  Section 257.16B, subsection 2, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  For each budget year beginning on or after July 1, 2016, the department of management shall calculate for each school district all of the following:
   (1)  The regular program state cost per pupil for the budget year beginning July 1, 2012, multiplied by one hundred percent less the regular program foundation base per pupil percentage pursuant to section 257.1.
   (2)  The regular program state cost per pupil for the budget year beginning July 1, 2016, multiplied by one hundred percent less the regular program foundation base per pupil percentage pursuant to section 257.1.
   (3)  The amount of each school district’s property tax replacement payment. Each school district’s property tax replacement payment equals the school district’s weighted enrollment for the budget year multiplied by the remainder of the amount calculated for the school district under subparagraph (2) minus the amount calculated for the school district under subparagraph (1).

DIVISION XXII
CONTROLLED SUBSTANCES
    Sec. 138.  Section 124.201, subsection 4, Code 2015, is amended to read as follows:
   4.  If any new substance is designated as a controlled substance under federal law and notice of the designation is given to the board, the board shall similarly designate as controlled the new substance under this chapter after the expiration of thirty days from publication in the federal register of a final order designating a new substance as a controlled substance, unless within that thirty-day period the board objects to the new designation. In that case the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing the board shall announce its decision. Upon publication of objection to a new substance being designated as a controlled substance under this chapter by the board, control under this chapter is stayed until the board publishes its decision. If a substance is designated as controlled by the board under this subsection the control shall be considered a temporary and if, within sixty days after the next regular session of the general assembly convenes, the general assembly has not made the corresponding changes in this chapter, the temporary designation of control of the substance by the board shall be nullified amendment to the schedules of controlled substances in this chapter.  If the board so designates a substance as controlled, which is considered a temporary amendment to the schedules of controlled substances in this chapter, and if the general assembly does not amend this chapter to enact the temporary amendment and make the enactment effective within two years from the date the temporary amendment first became effective, the temporary amendment is repealed by operation of law two years from the effective date of the temporary amendment. A temporary amendment repealed by operation of law is subject to section 4.13 relating to the construction of statutes and the application of a general savings provision.
    Sec. 139.  Section 124.204, subsection 4, Code 2015, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  al.  4-methyl-N-ethylcathinone. Other names: 4-MEC, 2-(ethylamino)-1-(4-methylphenyl)propan-1-one.
   NEW PARAGRAPH.  am.  4-methyl-alpha-

pyrrolidinopropiophenone. Other names: 4-MePPP, MePPP, 4-methyl-[alpha]-pyrrolidinopropiophenone, 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one.
   NEW PARAGRAPH.  an.  Alpha-pyrrolidinopentiophenone. Other names: [alpha]-PVP, [alpha]-pyrrolidinovalerophenone, 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one.
   NEW PARAGRAPH.  ao.  Butylone. Other names: bk-MBDB, 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one.
   NEW PARAGRAPH.  ap.  Pentedrone. Other names: [alpha]-methylaminovalerophenone, 2-(methylamino)-1-phenylpentan-1-one.
   NEW PARAGRAPH.  aq.  Pentylone. Other names: bk-MBDP, 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one.
   NEW PARAGRAPH.  ar.  4-fluoro-N-methylcathinone. Other names: 4-FMC, flephedrone, 1-(4-fluorophenyl)-2-(methylamino)propan-1-one.
   NEW PARAGRAPH.  as.  3-fluoro-N-methylcathinone. Other names: 3-FMC, 1-(3-fluorophenyl)-2-(methylamino)propan-1-one.
   NEW PARAGRAPH.  at.  Naphyrone. Other names:

 naphthylpyrovalerone, 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)

pentan-1-one.
   NEW PARAGRAPH.  au.  Alpha-pyrrolidinobutiophenone. Other names: [alpha]-PBP, 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one.
    Sec. 140.  Section 124.204, subsection 9, Code 2015, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  g.  Quinolin-8-yl 1-pentyl-1H-indole-

3-carboxylate. Other names: PB-22, QUPIC.
   NEW PARAGRAPH.  h.  Quinolin-8-yl 1-(5-fluoropentyl)-1H-

indole-3-carboxylate. Other names: 5-fluoro-PB-22, 5F-PB-22.
   NEW PARAGRAPH.  i.  N-(1-amino-3-methyl-1-

oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide. Other name: AB-FUBINACA.
   NEW PARAGRAPH.  j.  N-(1-amino-3,3-dimethyl-1-

oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide. Other name: ADB-PINACA.
    Sec. 141.  Section 124.208, subsection 5, paragraph a, subparagraphs (3) and (4), Code 2015, are amended by striking the subparagraphs.
    Sec. 142.  Section 124.210, subsection 2, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  2-[(dimethylamino)methyl]-1-

(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers (including tramadol).
    Sec. 143.  Section 124.210, subsection 3, Code 2015, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  bb.  Alfaxalone.
   NEW PARAGRAPH.  bc.  Suvorexant.

DIVISION XXIII
GREYHOUND RACING
    Sec. 144.  Section 99D.9C, subsection 2, paragraph a, Code 2015, is amended to read as follows:
   a.  The Iowa greyhound association shall establish an escrow fund under its control for the receipt and deposit of moneys transferred to the Iowa greyhound association pursuant to section 99D.9B. The Iowa greyhound association shall use moneys in the escrow fund to pay all reasonable and necessary costs and fees associated with conducting live racing and pari-mutuel wagering on simultaneously telecast horse or dog races, including but not limited to regulatory and administrative fees, capital improvements, purse supplements, operational costs, obligations pursuant to any purse supplement agreement as amended and approved by the commission, payment of rents for leased facilities and costs of maintenance of leased facilities, payment for products and services provided by the licensee authorized to conduct gambling games in Dubuque county pursuant to section 99F.4A, subsection 9, costs to maintain the license, costs for posting a bond as required by section 99D.10, and administrative costs and fees incurred in connection with the pursuit of the continuation of live greyhound racing.  Notwithstanding any action taken by the commission prior to the effective date of this division of this Act regarding the escrow fund created pursuant to an arbitrator decision and award dated December 22, 1995, all moneys in the escrow fund created pursuant to the arbitrator decision and award shall be transferred to the escrow fund created pursuant to this subsection and shall be administered pursuant to this subsection. The Iowa greyhound association shall take all action necessary to facilitate the transfer of moneys.
    Sec. 145.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XXIV
INTERSTATE MEDICAL LICENSURE COMPACT
    Sec. 146.  NEW SECTION.  148G.1  Interstate medical licensure compact.
   1.  Purpose.
   a.  In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state’s existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located.
   b.  State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
   2.  Definitions.  In this compact:
   a.  “Bylaws” means those bylaws established by the interstate commission pursuant to subsection 11 for its governance, or for directing and controlling its actions and conduct.
   b.  “Commissioner” means the voting representative appointed by each member board pursuant to subsection 11.
   c.  “Conviction” means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.
   d.  “Expedited license” means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.
   e.  “Interstate commission” means the interstate commission created pursuant to this section. 
   f.  “License” means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.
   g.  “Medical practice act” means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.
   h.  “Member board” means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.
   i.  “Member state” means a state that has enacted the compact.
   j.  “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.
   k.  “Physician” means any person who satisfies all of the following:
   (1)  Is a graduate of a medical school accredited by the liaison committee on medical education, the commission on osteopathic college accreditation, or a medical school listed in the international medical education directory or its equivalent.
   (2)  Passed each component of the United States medical licensing examination or the comprehensive osteopathic medical licensing examination within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes.
   (3)  Successfully completed graduate medical education approved by the accreditation council for graduate medical education or the American osteopathic association.
   (4)  Holds specialty certification or a time-unlimited specialty certificate recognized by the American board of medical specialties or the American osteopathic association’s bureau of osteopathic specialists.
   (5)  Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board.
   (6)  Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction.
   (7)  Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license.
   (8)  Has never had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration.
   (9)  Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
   l.  “Practice of medicine” means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.
   m.  “Rule” means a written statement by the interstate commission promulgated pursuant to subsection 12 that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
   n.  “State” means any state, commonwealth, district, or territory of the United States.
   o.  “State of principal license” means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.
   3.  Eligibility.
   a.  A physician must meet the eligibility requirements as defined in subsection 2, paragraph “k”, to receive an expedited license under the terms and provisions of the compact.
   b.  A physician who does not meet the requirements of subsection 2, paragraph “k”, may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
   4.  Designation of state of principal license.
   a.  A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
   (1)  The state of primary residence for the physician, or
   (2)  The state where at least twenty-five percent of the practice of medicine occurs, or
   (3)  The location of the physician’s employer, or
   (4)  If no state qualifies under subparagraph (1), subparagraph (2), or subparagraph (3), the state designated as state of residence for purposes of federal income tax.
   b.  A physician may redesignate a member state as the state of principal license at any time, as long as the state meets the requirements in paragraph “a”.
   c.  The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
   5.  Application and issuance of expedited licensure.
   a.  A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
   b.  Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility, to the interstate commission.
   (1)  Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source-verified by the state of principal license.
   (2)  The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. §731.202.
   (3)  Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
   c.  Upon verification in paragraph “b”, physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to paragraph “a”, including the payment of any applicable fees.
   d.  After receiving verification of eligibility under paragraph “b” and any fees under paragraph “c”, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.
   e.  An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
   f.  An expedited license obtained through the compact shall be terminated if a physician fails to maintain a license in the state of principal license for a nondisciplinary reason, without redesignation of a new state of principal license.
   g.  The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
   6.  Fees for expedited licensure.
   a.  A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
   b.  The interstate commission is authorized to develop rules regarding fees for expedited licenses.
   7.  Renewal and continued participation.
   a.  A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician satisfies the following:
   (1)  Maintains a full and unrestricted license in a state of principal license.
   (2)  Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction.
   (3)  Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license.
   (4)  Has not had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration.
   b.  Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
   c.  The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
   d.  Upon receipt of any renewal fees collected in paragraph “c”, a member board shall renew the physician’s license.
   e.  Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.
   f.  The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.
   8.  Coordinated information system.
   a.  The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under subsection 5.
   b.  Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.
   c.  Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
   d.  Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by paragraph “c” to the interstate commission.
   e.  Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
   f.  All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
   g.  The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
   9.  Joint investigations.
   a.  Licensure and disciplinary records of physicians are deemed investigative.
   b.  In addition to the authority granted to a member board by its respective medical practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
   c.  A subpoena issued by a member state shall be enforceable in other member states.
   d.  Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
   e.  Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
   10.  Disciplinary actions.
   a.  Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice Act or regulations in that state.
   b.  If a license granted to a physician by the member board in the state of principal license is revoked, surrendered, or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice Act of that state.
   c.  If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided and either:
   (1)  Impose the same or lesser sanctions against the physician so long as such sanctions are consistent with the medical practice Act of that state, or
   (2)  Pursue separate disciplinary action against the physician under its respective medical practice Act, regardless of the action taken in other member states.
   d.  If a license granted to a physician by a member board is revoked, surrendered, or relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any other member boards shall be suspended, automatically and immediately without further action necessary by the other member boards, for ninety days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the medical practice Act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety-day suspension period in a manner consistent with the medical practice Act of that state.
   11.  Interstate medical licensure compact commission.
   a.  The member states hereby create the interstate medical licensure compact commission.
   b.  The purpose of the interstate commission is the administration of the interstate medical licensure compact, which is a discretionary state function.
   c.  The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.
   d.  The interstate commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be one of the following:
   (1)  An allopathic or osteopathic physician appointed to a member board.
   (2)  An executive director, executive secretary, or similar executive of a member board.
   (3)  A member of the public appointed to a member board.
   e.  The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.
   f.  The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.
   g.  Each commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of paragraph “d”.
   h.  The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to result in one or more of the following:
   (1)  Relate solely to the internal personnel practices and procedures of the interstate commission.
   (2)  Discuss matters specifically exempted from disclosure by federal statute.
   (3)  Discuss trade secrets, commercial, or financial information that is privileged or confidential.
   (4)  Involve accusing a person of a crime, or formally censuring a person.
   (5)  Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
   (6)  Discuss investigative records compiled for law enforcement purposes.
   (7)  Specifically relate to the participation in a civil action or other legal proceeding.
   i.  The interstate commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.
   j.  The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.
   k.  The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.
   l.  The interstate commission may establish other committees for governance and administration of the compact.
   12.  Powers and duties of the interstate commission.  The interstate commission shall have power to perform the following functions:
   a.  Oversee and maintain the administration of the compact.
   b.  Promulgate rules which shall be binding to the extent and in the manner provided for in the compact.
   c.  Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions.
   d.  Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.
   e.  Establish and appoint committees including but not limited to an executive committee as required by subsection 11, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties.
   f.  Pay, or provide for the payment of, the expenses related to the establishment, organization, and ongoing activities of the interstate commission. 
   g.  Establish and maintain one or more offices.
   h.  Borrow, accept, hire, or contract for services of personnel.
   i.  Purchase and maintain insurance and bonds.
   j.  Employ an executive director who shall have such powers to employ, select, or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation.
   k.  Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
   l.  Accept donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same in a manner consistent with the conflict of interest policies established by the interstate commission.
   m.  Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed.
   n.  Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
   o.  Establish a budget and make expenditures.
   p.  Adopt a seal and bylaws governing the management and operation of the interstate commission.
   q.  Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission.
   r.  Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation.
   s.  Maintain records in accordance with the bylaws.
   t.  Seek and obtain trademarks, copyrights, and patents. 
   u.  Perform such functions as may be necessary or appropriate to achieve the purposes of the compact.
   13.  Finance powers.
   a.  The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
   b.  The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
   c.  The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
   d.  The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.
   14.  Organization and operation of the interstate commission.
   a.  The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within twelve months of the first interstate commission meeting.
   b.  The interstate commission shall elect or appoint annually from among its commissioners a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission.
   c.  Officers selected in paragraph “b” shall serve without remuneration from the interstate commission.
   d.  The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
   (1)  The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this paragraph “d” shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
   (2)  The interstate commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
   (3)  To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
   15.  Rulemaking functions of the interstate commission.
   a.  The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
   b.  Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the model state administrative procedure Act of 2010, and subsequent amendments thereto.
   c.  Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.
   16.  Oversight of interstate compact.
   a.  The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
   b.  All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities, or actions of the interstate commission.
   c.  The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or promulgated rules.
   17.  Enforcement of interstate compact.
   a.  The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
   b.  The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States district court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.
   c.  The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
   18.  Default procedures.
   a.  The grounds for default include but are not limited to failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact.
   b.  If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall do the following:
   (1)  Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.
   (2)  Provide remedial training and specific technical assistance regarding the default.
   c.  If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
   d.  Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
   e.  The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.
   f.  The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.
   g.  The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
   h.  The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.
   19.  Dispute resolution.
   a.  The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states or member boards.
   b.  The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
   20.  Member states, effective date, and amendment.
   a.  Any state is eligible to become a member state of the compact.
   b.  The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
   c.  The governors of nonmember states, or their designees, shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
   d.  The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
   21.  Withdrawal.
   a.  Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
   b.  Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
   c.  The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
   d.  The interstate commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty days of its receipt of notice provided under paragraph “c”.
   e.  The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
   f.  Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
   g.  The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
   22.  Dissolution.
   a.  The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
   b.  Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
   23.  Severability and construction.
   a.  The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
   b.  The provisions of the compact shall be liberally construed to effectuate its purposes.
   c.  Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
   24.  Binding effect of compact and other laws.
   a.  Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
   b.  All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
   c.  All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
   d.  All agreements between the interstate commission and the member states are binding in accordance with their terms.
   e.  In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

DIVISION XXV
ENTREPRENEUR INVESTMENT AWARDS PROGRAM
    Sec. 147.  Section 15E.362, Code 2015, is amended by striking the section and inserting in lieu thereof the following:
   15E.362  Entrepreneur investment awards program.
   1.  For purposes of this division, unless the context otherwise requires:
   a.  “Business development services” includes but is not limited to corporate development services, business model development services, business planning services, marketing services, financial strategies and management services, mentoring and management coaching, and networking services.
   b.  “Eligible entrepreneurial assistance provider” means a person meeting the requirements of subsection 3.
   c.  “Financial assistance” means the same as defined in section 15.327.
   d.  “Program” means the entrepreneur investment awards program administered pursuant to this division.
   2.  The authority shall establish and administer an entrepreneur investment awards program for purposes of providing financial assistance to eligible entrepreneurial assistance providers that provide technical and financial assistance to entrepreneurs and start-up companies seeking to create, locate, or expand a business in the state. Financial assistance under the program shall be provided from the entrepreneur investment awards program fund created in section 15E.363.
   3.  In order to be eligible for financial assistance under the program an entrepreneurial assistance provider must meet all of the following requirements:
   a.  The provider must have its principal place of operations located in this state.
   b.  The provider must offer a comprehensive set of business development services to emerging and early-stage innovation companies to assist in the creation, location, growth, and long-term success of the company in this state.
   c.  The business development services may be performed at the physical location of the provider or the company.
   d.  The business development services may be provided in consideration of equity participation in the company, a fee for services, a membership agreement with the company, or any combination thereof.
   4.  Entrepreneurial assistance providers may apply for financial assistance under the program in the manner and form prescribed by the authority.
   5.  The economic development authority board in its discretion may approve, deny, or defer each application for financial assistance under the program from persons it determines to be an eligible entrepreneurial assistance provider.
   6.  Subject to subsection 7, the amount of financial assistance awarded to an eligible entrepreneurial assistance provider shall be within the discretion of the authority.
   7.  a.  The maximum amount of financial assistance awarded to an eligible entrepreneurial assistance provider shall not exceed two hundred thousand dollars.
   b.  The maximum amount of financial assistance provided under the program shall not exceed one million dollars in a fiscal year.
   8.  The authority shall award financial assistance on a competitive basis. In making awards of financial assistance, the authority may develop scoring criteria and establish minimum requirements for the receipt of financial assistance under the program. In making awards of financial assistance, the authority may consider all of the following:
   a.  The business experience of the professional staff employed or retained by the eligible entrepreneurial assistance provider.
   b.  The business plan review capacity of the professional staff of the eligible entrepreneurial assistance provider.
   c.  The expertise in all aspects of business disciplines of the professional staff of the eligible entrepreneurial assistance provider. 
   d.  The access of the eligible entrepreneurial assistance provider to external service providers, including legal, accounting, marketing, and financial services.
   e.  The service model and likelihood of success of the eligible entrepreneurial assistance provider and its similarity to other successful entrepreneurial assistance providers in the country.
   f.  The financial need of the eligible entrepreneurial assistance provider.
   9.  Financial assistance awarded to an eligible entrepreneurial assistance provider shall only be used for the purpose of operating costs incurred by the eligible entrepreneurial assistance provider in providing business development services to emerging and early-stage innovation companies in this state. Such financial assistance shall not be distributed to owners or investors of the company to which business development services are provided and shall not be distributed to other persons assisting with the provision of business development services to the company.
   10.  The authority may contract with outside service providers for assistance with the program or may delegate the administration of the program to the Iowa innovation corporation pursuant to section 15.106B.
   11.  The authority may make client referrals to eligible entrepreneurial assistance providers.
    Sec. 148.  Section 15E.363, subsection 3, Code 2015, is amended to read as follows:
   3.  The Moneys credited to the fund are appropriated to the authority and shall be used to provide grants under the entrepreneur investment awards program established in section 15E.362 financial assistance under the program.

DIVISION XXVI
BUSINESS-TRADE TRUCKS
    Sec. 149.  Section 321.120, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  If a law or rule of another state or a foreign country imposes a tax or fee on a business-trade truck which is registered in Iowa and operated in that other state or foreign country, the department shall impose a tax or fee on a business-trade truck which is registered in that state or foreign country and operated in Iowa in the same amount as the tax or fee imposed by the state or country in which the business-trade truck is registered.

DIVISION XXVII
IOWA EDUCATION SAVINGS PLAN TRUST
    Sec. 150.  Section 422.7, subsection 32, paragraph a, Code 2015, is amended to read as follows:
   a.  Subtract the maximum contribution that may be deducted for Iowa income tax purposes as a participant in the Iowa educational savings plan trust pursuant to section 12D.3, subsection 1, paragraph “a”.  For purposes of this paragraph, a participant who makes a contribution on or before the date prescribed in section 422.21 for making and filing an individual income tax return, excluding extensions, may elect to be deemed to have made the contribution on the last day of the preceding calendar year. The director, after consultation with the treasurer of state, shall prescribe by rule the manner and method by which a participant may make an election authorized by the preceding sentence.
    Sec. 151.  RETROACTIVE APPLICABILITY.  This division of this Act applies retroactively to January 1, 2015, for tax years beginning on or after that date.

DIVISION XXVIII
RESIDENTIAL SWIMMING POOLS
    Sec. 152.  RESIDENTIAL SWIMMING POOLS —— PRIVATE SWIMMING LESSONS.  Notwithstanding any provision of law to the contrary, the department of public health shall require that a residential swimming pool used for private swimming lessons for up to two hundred seven hours in a calendar month, or the number of hours prescribed by local ordinance applicable to such use of a residential swimming pool, whichever is greater, be regulated as a residential swimming pool used for commercial purposes pursuant to chapter 135I. The department of public health may adopt rules to implement this section.
    Sec. 153.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.