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