Bill Text: IA SF510 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to state and local finances by making appropriations, providing for fees, providing for legal responsibilities, providing for certain employee benefits, and providing for regulatory, taxation, and properly related matters, and including penalties and effective date and retroactive and other applicability provisions. (Formerly SSB 1289.) Item vetoed. Various effective dates; see bill.
Spectrum: Committee Bill
Status: (Passed) 2015-07-02 - Signed by Governor. S.J. 1141. [SF510 Detail]
Download: Iowa-2015-SF510-Enrolled.html
Senate File 510 - Enrolled
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SSB
1289)
\5
A BILL FOR
\1
Senate File 510
AN ACT
RELATING TO STATE AND LOCAL FINANCES BY MAKING APPROPRIATIONS,
PROVIDING FOR FEES, PROVIDING FOR LEGAL RESPONSIBILITIES,
PROVIDING FOR CERTAIN EMPLOYEE BENEFITS, AND PROVIDING FOR
REGULATORY, TAXATION, AND PROPERLY RELATED MATTERS, AND
INCLUDING PENALTIES AND EFFECTIVE DATE AND RETROACTIVE AND
OTHER APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
STANDING APPROPRIATIONS AND RELATED MATTERS
Section 1. BUDGET PROCESS FOR FISCAL YEAR 2016=2017 AND
FISCAL YEAR 2017=2018.
1. For the budget process applicable to the fiscal year
beginning July 1, 2016, on or before October 1, 2015, in lieu
of the information specified in section 8.23, subsection 1,
unnumbered paragraph 1, and paragraph "a", all departments and
establishments of the government shall transmit to the director
of the department of management, on blanks to be furnished by
the director, estimates of their expenditure requirements,
including every proposed expenditure, for the ensuing fiscal
year, together with supporting data and explanations as called
for by the director of the department of management after
consultation with the legislative services agency.
2. The estimates of expenditure requirements shall be
in a form specified by the director of the department of
management, and the expenditure requirements shall include all
proposed expenditures and shall be prioritized by program or
the results to be achieved. The estimates shall be accompanied
by performance measures for evaluating the effectiveness of the
programs or results.
Sec. 2. LIMITATIONS OF STANDING APPROPRIATIONS ==== FY
2015=2016. Notwithstanding the standing appropriations
in the following designated sections for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the amounts
appropriated from the general fund of the state pursuant to
these sections for the following designated purposes shall not
exceed the following amounts:
1. For operational support grants and community cultural
grants under section 99F.11, subsection 3, paragraph "d",
subparagraph (1):
.................................................. $ 416,702
2. For payment for nonpublic school transportation under
section 285.2:
.................................................. $ 8,560,931
If total approved claims for reimbursement for nonpublic
school pupil transportation exceed the amount appropriated in
accordance with this subsection, the department of education
shall prorate the amount of each approved claim.
3. For the enforcement of chapter 453D relating to tobacco
product manufacturers under section 453D.8:
.................................................. $ 18,416
Sec. 3. LIMITATIONS OF STANDING APPROPRIATIONS ==== FY
2016=2017. Notwithstanding the standing appropriations
in the following designated sections for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the amounts
appropriated from the general fund of the state pursuant to
these sections for the following designated purposes shall not
exceed the following amounts:
1. For operational support grants and community cultural
grants under section 99F.11, subsection 3, paragraph "d",
subparagraph (1):
.................................................. $ 208,351
2. For payment for nonpublic school transportation under
section 285.2:
.................................................. $ 8,560,931
If total approved claims for reimbursement for nonpublic
school pupil transportation exceed the amount appropriated in
accordance with this subsection, the department of education
shall prorate the amount of each approved claim.
3. For the enforcement of chapter 453D relating to tobacco
product manufacturers under section 453D.8:
.................................................. $ 9,208
Sec. 4. INSTRUCTIONAL SUPPORT STATE AID ==== FY 2015=2016
==== FY 2016=2017. In lieu of the appropriation provided in
section 257.20, subsection 2, the appropriation for the fiscal
years beginning July 1, 2015, and July 1, 2016, for paying
instructional support state aid under section 257.20 for such
fiscal years is zero.
Sec. 5. GENERAL ASSEMBLY.
1. The appropriations made pursuant to section 2.12 for the
expenses of the general assembly and legislative agencies for
the fiscal year beginning July 1, 2015, and ending June 30,
2016, are reduced by the following amount:
.................................................. $ 4,223,452
2. The budgeted amounts for the general assembly and
legislative agencies for the fiscal year beginning July 1,
2015, may be adjusted to reflect the unexpended budgeted
amounts from the previous fiscal year.
Sec. 6. Section 142C.15, subsection 4, paragraph c,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
Not more than fifty percent of the Any unobligated moneys
in the fund annually may be expended in the form of grants to
transplant recipients, transplant candidates, living organ
donors, or to legal representatives on behalf of transplant
recipients, transplant candidates, or living organ donors.
Transplant recipients, transplant candidates, living organ
donors, or the legal representatives of transplant recipients,
transplant candidates, or living organ donors shall submit
grant applications with supporting documentation provided
by a hospital that performs transplants, verifying that the
person by or for whom the application is submitted requires a
transplant or is a living organ donor and specifying the amount
of the costs associated with the following, if funds are not
available from any other third=party payor:
Sec. 7. Section 257.35, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 9A. Notwithstanding subsection 1, and in
addition to the reduction applicable pursuant to subsection
2, the state aid for area education agencies and the portion
of the combined district cost calculated for these agencies
for the fiscal year beginning July 1, 2015, and ending June
30, 2016, shall be reduced by the department of management by
fifteen million dollars. The reduction for each area education
agency shall be prorated based on the reduction that the agency
received in the fiscal year beginning July 1, 2003.
DIVISION II
MISCELLANEOUS PROVISIONS AND APPROPRIATIONS
Sec. 8. IOWA NEW JOBS TRAINING AGREEMENTS. An Iowa
community college that entered into a new jobs training
agreement pursuant to chapter 260E, which was effective
in April 2012, with an Iowa employer may enter into a new
agreement with such employer pursuant to chapter 260E,
which will be effective September 2015, and may use the base
employment determined in April 2012 as the base employment
for determining the new jobs eligible under the new agreement
if the base employment determined in April 2012 was 2,125
employees. The new agreement under chapter 260E shall
be limited to seven years from the effective date of the
agreement.
Sec. 9. NONREVERSION OF IOWA LEARNING ONLINE INITIATIVE
MONEYS. Notwithstanding section 8.33, moneys appropriated
in section 256.42, subsection 9, that remain unencumbered or
unobligated at the close of a fiscal year shall not revert
but shall remain available for expenditure for the purposes
designated in section 256.42, subsection 9, until the close of
the succeeding fiscal year.
Sec. 10. Section 8.22A, subsection 2, Code 2015, is amended
to read as follows:
2. The conference shall meet as often as deemed necessary,
but shall meet at least three times per year with at least
one meeting taking place each year in March. The conference
may use sources of information deemed appropriate. At each
meeting, the conference shall agree to estimates for the
current fiscal year and the following fiscal year for the
general fund of the state, lottery revenues to be available
for disbursement, and from gambling revenues and from interest
earned on the cash reserve fund and the economic emergency
fund to be deposited in the rebuild Iowa infrastructure fund.
At the meeting taking place each year in March, in addition
to agreeing to estimates for the current fiscal year and the
following fiscal year, the conference shall agree to estimates
for the fiscal year beginning July 1 of the following calendar
year. Only an estimate for the following fiscal year agreed
to by the conference pursuant to subsection 3, 4, or 5, shall
be used for purposes of calculating the state general fund
expenditure limitation under section 8.54, and any other
estimate agreed to shall be considered a preliminary estimate
that shall not be used for purposes of calculating the state
general fund expenditure limitation.
Sec. 11. Section 8D.4, Code 2015, is amended to read as
follows:
8D.4 Executive director appointed.
The commission, in consultation with the director of
the department of administrative services and the chief
information officer, shall appoint an executive director of
the commission, subject to confirmation by the senate. Such
individual shall not serve as a member of the commission.
The executive director shall serve at the pleasure of the
commission. The executive director shall be selected primarily
for administrative ability and knowledge in the field, without
regard to political affiliation. The governor shall establish
the salary of the executive director within the applicable
salary range nine as established by the general assembly. The
salary and support of the executive director shall be paid from
funds deposited in the Iowa communications network fund.
Sec. 12. Section 22.7, subsection 41, paragraph b,
subparagraph (2), Code 2015, as amended by 2015 Iowa Acts,
Senate File 335, section 1, is amended to read as follows:
(2) Preliminary reports of investigations by the medical
examiner and autopsy reports for a decedent by whom an
anatomical gift was made in accordance with chapter 142C shall
be released to an organ a procurement organization as defined
in section 142C.2, upon the request of such organ procurement
organization, unless such disclosure would jeopardize an
investigation or pose a clear and present danger to the public
safety or the safety of an individual.
Sec. 13. Section 43.45, subsection 3, as enacted by 2015
Iowa Acts, Senate File 415, section 1, is amended to read as
follows:
3. Notwithstanding any requirement to the contrary in
subsection 1 and subsection 2, paragraph "c", the commissioner
of a county using digital ballot counting technology may direct
the precinct election officials to tally and record write=in
votes at the precincts after the closing of the polls or may
direct the precinct election officials to sort the ballots by
print the write=in report containing digital images of write=in
votes for delivery to the special precinct board to tally and
record the write=in votes on any day following election day and
prior to the canvass by the board of supervisors under section
43.49. For the purposes of this subsection "digital ballot
counting technology" is technology in which digital images of
write=in votes are printed by the precinct election officials
at the polling place after the close of voting.
Sec. 14. Section 123.132, subsection 3, as enacted by 2015
Iowa Acts, Senate File 456, section 1, is amended to read as
follows:
3. A container of beer other than the original container
that is sold and sealed in compliance with the requirements of
subsection 2 and the division's rules shall not be deemed an
open container subject to the requirements of sections 321.284
and 321.284A if the sealed container is unopened and the seal
has not been tampered with, and the contents of the container
have not been partially removed.
Sec. 15. Section 256.9, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 66. Dedicate at least one=half of one of
the department's authorized full=time equivalent positions
to maintain a fine arts consultant to provide guidance
and assistance, including but not limited to professional
development, strategies, and materials, to the department,
school districts, and accredited nonpublic schools relating
to music, visual art, drama and theater, and other fine and
applied arts programs and coursework.
Sec. 16. Section 261.110, subsection 3, Code 2015, is
amended by adding the following new paragraph:
NEW PARAGRAPH. c. The applicant met all of the eligibility
requirements of this section on or after January 1, 2013. A
person who met the program eligibility requirements of this
section prior to January 1, 2013, is ineligible for this
program.
Sec. 17. Section 418.9, subsection 8, Code 2015, is amended
to read as follows:
8. If, following approval of a project application under the
program, it is determined that the amount of federal financial
assistance exceeds the amount of federal financial assistance
specified in the application, the board shall reduce the award
of financial assistance from the flood mitigation fund or
reduce the amount of sales tax revenue to be received for the
project by a corresponding amount. However, in a county with
a population of less than one hundred thousand but more than
ninety=three thousand five hundred as determined by the 2010
federal decennial census and for projects that received bids
during the 2015 calendar year, the amount of sales tax revenue
to be received for the project shall not be reduced if the
additional federal financial assistance does not reduce the
need for sales tax revenue due to an increase in project costs
incurred following the approval of the project application
under the program.
Sec. 18. Section 418.15, subsection 1, Code 2015, is amended
to read as follows:
1. A governmental entity shall not receive remittances of
sales tax revenue under this chapter after twenty years from
the date the governmental entity's project was approved by the
board unless the remittance amount is calculated under section
418.11 based on sales subject to the tax under section 432.2
occurring before the expiration of the twenty=year period.
Sec. 19. Section 441.37A, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. For the assessment year beginning January 1, 2007, and
all subsequent assessment years beginning before January 1,
2018 2021, appeals may be taken from the action of the board of
review with reference to protests of assessment, valuation, or
application of an equalization order to the property assessment
appeal board created in section 421.1A. However, a property
owner or aggrieved taxpayer or an appellant described in
section 441.42 may bypass the property assessment appeal board
and appeal the decision of the local board of review to the
district court pursuant to section 441.38.
Sec. 20. Section 715A.9A, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. Is a victim of identity theft in this state as described
in section 715A.8 or resides in this state at the time the
person is a victim of identity theft.
Sec. 21. 2015 Iowa Acts, Senate File 496, section 1,
subsection 1, paragraph a, if enacted, is amended to read as
follows:
a. For salaries of supreme court justices, appellate court
judges, district court judges, district associate judges,
associate juvenile judges, associate probate judges, judicial
magistrates and staff, state court administrator, clerk of the
supreme court, district court administrators, clerks of the
district court, juvenile court officers, board of law examiners
and board of examiners of shorthand reporters and judicial
qualifications commission; receipt and disbursement of child
support payments; reimbursement of the auditor of state for
expenses incurred in completing audits of the offices of the
clerks of the district court during the fiscal year beginning
July 1, 2015; and maintenance, equipment, and miscellaneous
purposes:
.................................................. $171,486,612
178,686,612
0b. Of the moneys appropriated in lettered paragraph "a",
$520,150 shall be used for juvenile drug courts. The amount
allocated in this lettered paragraph shall be distributed to
assist with the operation of juvenile drug court programs
operated in the following jurisdictions:
(1) Marshall county:
.................................................. $ 62,708
(2) Woodbury county:
.................................................. $ 125,682
(3) Polk county:
.................................................. $ 195,892
(4) The third judicial district:
.................................................. $ 67,934
(5) The eighth judicial district:
.................................................. $ 67,934
Sec. 22. 2015 Iowa Acts, Senate File 505, section 12,
subsection 12, paragraph d, if enacted, is amended to read as
follows:
d. Payment methodologies utilized for disproportionate
share hospitals and graduate medical education, and other
supplemental payments under the Medicaid program may be
adjusted or converted to other methodologies or payment
types to provide these payments through Medicaid managed care
implemented beginning after January 1, 2016. The department
of human services shall obtain approval from the centers for
Medicare and Medicaid services of the United States department
of health and human services prior to implementation of any
such adjusted or converted methodologies or payment types.
Sec. 23. 2015 Iowa Acts, Senate File 505, section 132,
subsection 12, paragraph d, if enacted, is amended to read as
follows:
d. Payment methodologies utilized for disproportionate
share hospitals and graduate medical education, and other
supplemental payments under the Medicaid program may be
adjusted or converted to other methodologies or payment types
to provide these payments through Medicaid managed care after
January 1, 2016. The department of human services shall obtain
approval from the centers for Medicare and Medicaid services
of the United States department of health and human services
prior to implementation of any such adjusted or converted
methodologies or payment types.
DIVISION III
SALARIES, COMPENSATION, AND RELATED MATTERS
Sec. 24. SPECIAL FUNDS. For the fiscal year beginning
July 1, 2015, and ending June 30, 2016, and for the fiscal
year beginning July 1, 2016, and ending June 30, 2017, salary
adjustments may be funded using departmental revolving, trust,
or special funds for which the general assembly has established
an operating budget, provided doing so does not exceed the
operating budget established by the general assembly.
Sec. 25. SALARY MODEL ADMINISTRATOR. The salary model
administrator shall work in conjunction with the legislative
services agency to maintain the state's salary model used for
analyzing, comparing, and projecting state employee salary
and benefit information, including information relating to
employees of the state board of regents. The department of
revenue, the department of administrative services, the five
institutions under the jurisdiction of the state board of
regents, the judicial district departments of correctional
services, and the state department of transportation shall
provide salary data to the department of management and the
legislative services agency to operate the state's salary
model. The format and frequency of provision of the salary
data shall be determined by the department of management and
the legislative services agency. The information shall be
used in collective bargaining processes under chapter 20 and
in calculating the funding needs contained within the annual
salary adjustment legislation. A state employee organization
as defined in section 20.3, subsection 4, may request
information produced by the model, but the information provided
shall not contain information attributable to individual
employees.
DIVISION IV
CORRECTIVE PROVISIONS
Sec. 26. Section 123.122, Code 2015, as amended by 2015
Iowa Acts, House File 536, section 48, is amended to read as
follows:
123.122 Permit or license required.
A person shall not manufacture for sale or sell beer at
wholesale or retail unless a permit is first obtained as
provided in this subchapter or, a liquor control license
authorizing the retail sale of beer is first obtained as
provided in division subchapter I of this chapter. A liquor
control license holder is not required to hold a separate class
"B" beer permit.
Sec. 27. Section 227.10, Code 2015, as amended by 2015
Iowa Acts, Senate File 463, section 53, is amended to read as
follows:
227.10 Transfers from county or private institutions.
Patients who have been admitted at public expense to
any institution to which this chapter is applicable may be
involuntarily transferred to the proper state hospital for
persons with mental illness in the manner prescribed by
sections 229.6 to 229.13. The application required by section
229.6 may be filed by the administrator of the division or
the administrator's designee, or by the administrator of the
institution where the patient is then being maintained or
treated. If the patient was admitted to that institution
involuntarily, the administrator of the division may arrange
and complete the transfer, and shall report it as required of a
chief medical officer under section 229.15, subsection 5. The
transfer shall be made at the mental health and disabilities
disability services region's expense, and the expense
recovered, as provided in section 227.7. However, transfer
under this section of a patient whose expenses are payable
in whole or in part by a the mental health and disabilities
disability services region is subject to an authorization
for the transfer through the regional administrator for the
patient's county of residence.
Sec. 28. Section 227.14, Code 2015, as amended by 2015
Iowa Acts, Senate File 463, section 56, is amended to read as
follows:
227.14 Caring for persons with mental illness from other
counties.
The regional administrator for a county that does not have
proper facilities for caring for persons with mental illness
may, with the consent of the administrator of the division,
provide for such care at the expense of the mental health and
disabilities disability services region in any convenient and
proper county or private institution for persons with mental
illness which is willing to receive the persons.
Sec. 29. Section 229.1B, Code 2015, as amended by 2015
Iowa Acts, Senate File 463, section 59, is amended to read as
follows:
229.1B Regional administrator.
Notwithstanding any provision of this chapter to the
contrary, any person whose hospitalization expenses
are payable in whole or in part by a mental health and
disabilities disability services region shall be subject to all
administrative requirements of the regional administrator for
the county.
Sec. 30. Section 229.2, subsection 1, paragraph b,
subparagraph (3), Code 2015, as amended by 2015 Iowa Acts,
Senate File 463, section 60, is amended to read as follows:
(3) As soon as is practicable after the filing of a
petition for juvenile court approval of the admission of the
minor, the juvenile court shall determine whether the minor
has an attorney to represent the minor in the hospitalization
proceeding, and if not, the court shall assign to the minor
an attorney. If the minor is financially unable to pay for
an attorney, the attorney shall be compensated by the mental
health and disabilities disability services region at an hourly
rate to be established by the regional administrator for the
county in which the proceeding is held in substantially the
same manner as provided in section 815.7.
Sec. 31. Section 229.8, subsection 1, Code 2015, as amended
by 2015 Iowa Acts, Senate File 463, section 61, is amended to
read as follows:
1. Determine whether the respondent has an attorney
who is able and willing to represent the respondent in the
hospitalization proceeding, and if not, whether the respondent
is financially able to employ an attorney and capable of
meaningfully assisting in selecting one. In accordance with
those determinations, the court shall if necessary allow the
respondent to select, or shall assign to the respondent, an
attorney. If the respondent is financially unable to pay an
attorney, the attorney shall be compensated by the mental
health and disabilities disability services region at an hourly
rate to be established by the regional administrator for the
county in which the proceeding is held in substantially the
same manner as provided in section 815.7.
Sec. 32. Section 229.10, subsection 1, paragraph a, Code
2015, as amended by 2015 Iowa Acts, Senate File 463, section
62, is amended to read as follows:
a. An examination of the respondent shall be conducted by
one or more licensed physicians, as required by the court's
order, within a reasonable time. If the respondent is detained
pursuant to section 229.11, subsection 1, paragraph "b",
the examination shall be conducted within twenty=four hours.
If the respondent is detained pursuant to section 229.11,
subsection 1, paragraph "a" or "c", the examination shall
be conducted within forty=eight hours. If the respondent
so desires, the respondent shall be entitled to a separate
examination by a licensed physician of the respondent's own
choice. The reasonable cost of the examinations shall, if the
respondent lacks sufficient funds to pay the cost, be paid by
the regional administrator from mental health and disabilities
disability services region funds upon order of the court.
Sec. 33. Section 229.11, subsection 1, unnumbered paragraph
1, Code 2015, as amended by 2015 Iowa Acts, Senate File 463,
section 63, is amended to read as follows:
If the applicant requests that the respondent be taken into
immediate custody and the judge, upon reviewing the application
and accompanying documentation, finds probable cause to believe
that the respondent has a serious mental impairment and is
likely to injure the respondent or other persons if allowed
to remain at liberty, the judge may enter a written order
directing that the respondent be taken into immediate custody
by the sheriff or the sheriff's deputy and be detained until
the hospitalization hearing. The hospitalization hearing shall
be held no more than five days after the date of the order,
except that if the fifth day after the date of the order is
a Saturday, Sunday, or a holiday, the hearing may be held
on the next succeeding business day. If the expenses of a
respondent are payable in whole or in part by a mental health
and disabilities disability services region, for a placement in
accordance with paragraph "a", the judge shall give notice of
the placement to the regional administrator for the county in
which the court is located, and for a placement in accordance
with paragraph "b" or "c", the judge shall order the placement
in a hospital or facility designated through the regional
administrator. The judge may order the respondent detained for
the period of time until the hearing is held, and no longer,
in accordance with paragraph "a", if possible, and if not then
in accordance with paragraph "b", or, only if neither of these
alternatives is available, in accordance with paragraph "c".
Detention may be:
Sec. 34. Section 229.13, subsection 1, paragraph a, Code
2015, as amended by 2015 Iowa Acts, Senate File 463, section
64, is amended to read as follows:
a. The court shall order a respondent whose expenses
are payable in whole or in part by a mental health and
disabilities disability services region placed under the care
of an appropriate hospital or facility designated through the
county's regional administrator on an inpatient or outpatient
basis.
Sec. 35. Section 229.14, subsection 2, paragraph a, Code
2015, as amended by 2015 Iowa Acts, Senate File 463, section
65, is amended to read as follows:
a. For a respondent whose expenses are payable in whole
or in part by a mental health and disabilities disability
services region, placement as designated through the county's
regional administrator in the care of an appropriate hospital
or facility on an inpatient or outpatient basis, or other
appropriate treatment, or in an appropriate alternative
placement.
Sec. 36. Section 229.14A, subsection 7, Code 2015, as
amended by 2015 Iowa Acts, Senate File 463, section 66, is
amended to read as follows:
7. If a respondent's expenses are payable in whole or in
part by a mental health and disabilities disability services
region through the county's regional administrator, notice of
a placement hearing shall be provided to the county attorney
and the regional administrator. At the hearing, the county may
present evidence regarding appropriate placement.
Sec. 37. Section 229.42, subsection 1, Code 2015, as amended
by 2015 Iowa Acts, Senate File 463, section 68, is amended to
read as follows:
1. If a person wishing to make application for voluntary
admission to a mental hospital established by chapter 226 is
unable to pay the costs of hospitalization or those responsible
for the person are unable to pay the costs, application for
authorization of voluntary admission must be made through a
regional administrator before application for admission is
made to the hospital. The person's county of residence shall
be determined through the regional administrator and if the
admission is approved through the regional administrator,
the person's admission to a mental health hospital shall be
authorized as a voluntary case. The authorization shall be
issued on forms provided by the department of human services'
administrator. The costs of the hospitalization shall be paid
by the county of residence through the regional administrator
to the department of human services and credited to the general
fund of the state, provided that the mental health hospital
rendering the services has certified to the county auditor
of the county of residence and the regional administrator
the amount chargeable to the mental health and disabilities
disability services region and has sent a duplicate statement
of the charges to the department of human services. A mental
health and disabilities disability services region shall not be
billed for the cost of a patient unless the patient's admission
is authorized through the regional administrator. The mental
health institute and the regional administrator shall work
together to locate appropriate alternative placements and
services, and to educate patients and family members of
patients regarding such alternatives.
Sec. 38. Section 230.1, subsection 3, Code 2015, as amended
by 2015 Iowa Acts, Senate File 463, section 69, is amended to
read as follows:
3. A mental health and disabilities disability services
region or county of residence is not liable for costs and
expenses associated with a person with mental illness unless
the costs and expenses are for services and other support
authorized for the person through the county's regional
administrator. For the purposes of this chapter, "regional
administrator" means the same as defined in section 331.388.
Sec. 39. Section 230.20, subsection 2, paragraph b, Code
2015, as amended by 2015 Iowa Acts, Senate File 463, section
71, is amended to read as follows:
b. The per diem costs billed to each mental health and
disabilities disability services region shall not exceed
the per diem costs billed to the county in the fiscal year
beginning July 1, 1996. However, the per diem costs billed to
a mental health and disabilities disability services region
may be adjusted annually to reflect increased costs, to the
extent of the percentage increase in the statewide per capita
expenditure target amount, if any per capita growth amount
is authorized by the general assembly for the fiscal year in
accordance with section 426B.3.
Sec. 40. Section 279.10, subsection 1, Code 2015, as amended
by 2015 Iowa Acts, Senate File 227, section 2, is amended to
read as follows:
1. The school year for each school district and accredited
nonpublic school shall begin on July 1 and the school calendar
shall begin no sooner than August 23 and no later than the
first Monday in December. The school calendar shall include
not less than one hundred eighty days, except as provided in
subsection 3, or one thousand eighty hours of instruction
during the calendar year. The board of directors of a school
district and the authorities in charge of an accredited
nonpublic school shall determine the school start date for
the school calendar in accordance with this subsection and
shall set the number of days or hours of required attendance
for the school year as provided in section 299.1, subsection
2, but the board of directors of a school district shall
hold a public hearing on any proposed school calendar prior
to adopting the school calendar. If the board of directors
of a district or the authorities in charge of an accredited
nonpublic school extends the school calendar because inclement
weather caused the school district or accredited nonpublic
school to temporarily close during the regular school calendar,
the school district or accredited nonpublic school may excuse a
graduating senior who has met district or school requirements
for graduation from attendance during the extended school
calendar. A school corporation may begin employment of
personnel for in=service training and development purposes
before the date to begin elementary and secondary school.
Sec. 41. Section 426B.5, subsection 2, paragraph c, Code
2015, as amended by 2015 Iowa Acts, Senate File 463, section
78, is amended to read as follows:
c. A risk pool board is created. The board shall consist of
two county supervisors, two county auditors, a member of the
mental health and disability services commission who is not a
member of a county board of supervisors, a member of the county
finance committee created in chapter 333A who is not an elected
official, a representative of a provider of mental health or
developmental disabilities services selected from nominees
submitted by the Iowa association of community providers, and
two staff members of regional administrators of county mental
health and disability services regions, all appointed by the
governor, and one member appointed by the director of human
services. All members appointed by the governor shall be
subject to confirmation by the senate. Members shall serve for
three=year terms. A vacancy shall be filled in the same manner
as the original appointment. Expenses and other costs of the
risk pool board members representing counties shall be paid by
the county of origin. Expenses and other costs of risk pool
board members who do not represent counties shall be paid from
a source determined by the governor. Staff assistance to the
board shall be provided by the department of human services and
counties. Actuarial expenses and other direct administrative
costs shall be charged to the pool.
Sec. 42. Section 459A.302, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa
Acts, House File 583, section 33, is amended to read as
follows:
Prior to constructing a settled open feedlot effluent basin
or an animal truck wash effluent structure, the site for the
basin or structure shall be investigated for a drainage tile
line by the owner of the open feedlot operation or animal truck
wash facility. The investigation shall be made by digging a
core trench to a depth of at least six feet deep from ground
level at the projected center of the berm of the basin or
structure. If a drainage tile line is discovered, one of the
following solutions shall be implemented:
Sec. 43. Section 459A.302, subsection 2, paragraph a, Code
2015, as amended by 2015 Iowa Acts, House File 583, section 34,
is amended to read as follows:
a. The settled open feedlot effluent basin or an animal
truck wash effluent structure shall be constructed with a
minimum separation of two feet between the top of the liner of
the basin or structure and the seasonal high=water table.
Sec. 44. Section 459A.404, subsection 3, paragraphs b and c,
if enacted by 2015 Iowa Acts, House File 583, section 41, are
amended to read as follows:
b. For purposes of section 459.310, subsection 4, the
provisions relating to an unformed manure storage structure
shall apply to an unformed animal truck wash effluent structure
and the provisions relating to a formed manure storage
structure shall apply to a formed animal truck wash effluent
structure. However, the
c. Notwithstanding section 459.310, subsection 4, a
requirement in section 459.310, subsection 4, paragraph "a",
relating to animal weight capacity or animal unit capacity
shall not apply to the replacement of an unformed animal
truck wash effluent structure with a formed animal truck wash
effluent structure. In addition, the capacity of a replacement
animal truck wash effluent structure shall not exceed the
amount required to store animal truck wash effluent for any
eighteen=month period.
Sec. 45. Section 459A.411, Code 2015, as amended by 2015
Iowa Acts, House File 583, section 43, if enacted, is amended
to read as follows:
459A.411 Discontinuance of operations.
The owner of an open feedlot operation or animal truck
wash facility who discontinues its operation shall remove all
effluent from related open feedlot operation structures or
animal truck wash effluent structures used to store effluent,
as soon as practical but not later than six months following
the date the operations of the open feedlot operation or animal
truck wash facility is are discontinued.
Sec. 46. Section 476.53, subsection 3, paragraph a,
subparagraph (1), Code 2015, as amended by 2015 Iowa Acts,
House File 535, section 61, is amended to read as follows:
(1) (a) Files an application pursuant to section 476A.3 to
construct in Iowa a baseload electric power generating facility
with a nameplate generating capacity equal to or greater
than three hundred megawatts or a combined=cycle electric
power generating facility, or an alternate energy production
facility as defined in section 476.42, or to significantly
alter an existing generating facility. For purposes of
this subparagraph, a significant alteration of an existing
generating facility must, in order to qualify for establishment
of ratemaking principles, fall into one of the following
categories:
(i) Conversion of a coal fueled facility into a gas fueled
facility.
(ii) Addition of carbon capture and storage facilities at
a coal fueled facility.
(iii) Addition of gas fueled capability to a coal fueled
facility, in order to convert the facility to one that will
rely primarily on gas for future generation.
(iv) Addition of a biomass fueled capability to a coal
fueled facility.
(b) With respect to a significant alteration of an existing
generating facility, an original facility shall not be required
to be either a baseload or a combined=cycle facility. Only
the incremental investment undertaken by a utility under
subparagraph division (a), subparagraph subdivision (i), (ii),
(iii), or (iv) shall be eligible to apply the ratemaking
principles established by the order issued pursuant to
paragraph "e". Facilities for which advanced ratemaking
principles are obtained pursuant to this section shall not
be subject to a subsequent board review pursuant to section
476.6, subsection 20, to the extent that the investment has
been considered by the board under this section. To the
extent an eligible utility has been authorized to make capital
investments subject to section 476.6, subsection 20, such
investments shall not be eligible for ratemaking principles
pursuant to this section.
Sec. 47. Section 602.3205, subsection 3, paragraph b, if
enacted by 2015 Iowa Acts, Senate File 404, section 5, is
amended to read as follows:
b. The audio recordings provided in to the board pursuant to
this subsection shall be kept confidential by the board in a
manner as provided in section 272C.6, subsection 4.
Sec. 48. Section 602.11113, Code 2015, as amended by 2015
Iowa Acts, House File 536, section 177, is amended to read as
follows:
602.11113 Bailiffs employed as court attendants.
Persons who were employed as bailiffs and who were
performing services for the court, other than law enforcement
services, immediately prior to July 1, 1983, shall be employed
by the district court administrators as court attendants under
section 602.6601 on July 1, 1983.
Sec. 49. Section 714.23, subsection 4A, paragraph a, if
enacted by 2015 Iowa Acts, Senate File 501, section 2, or 2015
Iowa Acts, House File 663, section 2, is amended to read as
follows:
a. A student who does not receive a tuition refund up
to the full refund of tuition charges due to the effect of
an interstate reciprocity agreement under section 261G.4,
subsection 1, may apply to the attorney general for a refund
in a sum that represents the difference between any tuition
refund received from the school and the full refund of tuition
charges. For purposes of this subsection, "full refund of
tuition charges" means the monetary sum of the refund for which
the student would be eligible pursuant to the application of
this section.
Sec. 50. Section 902.1, subsection 2, paragraph a,
unnumbered paragraph 1, as enacted by 2015 Iowa Acts, Senate
File 448, section 1, is amended to read as follows:
Notwithstanding subsection 1, a defendant convicted of
murder in the first degree in violation of section 707.2, and
who was under the age of eighteen at the time the offense was
committed shall receive one of the following sentences:
Sec. 51. Section 916.1, subsection 1, as enacted by 2015
Iowa Acts, House File 496, section 1, is amended to read as
follows:
1. "Confidential communication" means confidential
information shared between a victim and a military victim
advocate within the advocacy relationship, and includes all
information received by the advocate and any advice, report,
or working paper given to or prepared by the advocate in
the course of the advocacy relationship with the victim.
"Confidential information" is confidential information which, so
far as the victim is aware, is not disclosed to a third party
with the exception of a person present in the consultation for
the purpose of furthering the interest of the victim, a person
to whom disclosure is reasonably necessary for the transmission
of the information, or a person with whom disclosure is
necessary for accomplishment of the purpose for which the
advocate is consulted by the victim.
Sec. 52. RETROACTIVE APPLICABILITY. The section of this
division of this Act amending section 279.10, subsection 1,
applies retroactively to April 10, 2015.
Sec. 53. RETROACTIVE APPLICABILITY. The section of this
division of this Act amending section 902.1, subsection 2,
paragraph "a", unnumbered paragraph 1, applies retroactively
to April 24, 2015.
DIVISION V
DEPARTMENT OF MANAGEMENT ==== DUTIES
Sec. 54. Section 8.6, subsections 12 and 13, Code 2015, are
amended by striking the subsections.
Sec. 55. Section 8A.111, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 11. An annual report on the administration
and promotion of equal opportunity in state contracts and
services under section 19B.7.
Sec. 56. Section 19B.6, Code 2015, is amended to read as
follows:
19B.6 Responsibilities of department of administrative
services and department of management ==== affirmative action.
The department of administrative services shall oversee the
implementation of sections 19B.1 through 19B.5 and shall work
with the governor to ensure compliance with those sections,
including the attainment of affirmative action goals and
timetables, by all state agencies, excluding the state board
of regents and its institutions. The department of management
shall oversee the implementation of sections 19B.1 through
19B.5 and shall work with the governor to ensure compliance
with those sections, including the attainment of affirmative
action goals and timetables, by the state board of regents and
its institutions.
Sec. 57. Section 19B.7, subsection 1, unnumbered paragraph
1, Code 2015, is amended to read as follows:
Except as otherwise provided in subsection 2, the department
of management administrative services is responsible for the
administration and promotion of equal opportunity in all state
contracts and services and the prohibition of discriminatory
and unfair practices within any program receiving or benefiting
from state financial assistance in whole or in part. In
carrying out these responsibilities the department of
management administrative services shall:
Sec. 58. Section 19B.8, Code 2015, is amended to read as
follows:
19B.8 Sanctions.
The department of management administrative services may
impose appropriate sanctions on individual state agencies,
including the state board of regents and its institutions, and
upon a community college, area education agency, or school
district, in order to ensure compliance with state programs
emphasizing equal opportunity through affirmative action,
contract compliance policies, and requirements for procurement
goals for targeted small businesses.
DIVISION VI
ANIMAL TRUCK WASH FACILITIES
Sec. 59. Section 459A.105, subsection 2, paragraph b, as
enacted by 2015 Iowa Acts, House File 583, section 10, is
amended to read as follows:
b. (1) The requirements of section 459A.205, including
rules adopted by the commission pursuant to that section shall
apply to a small animal truck wash facility only to the extent
required by section 459A.205, subsection 4A.
(2) The requirements of sections section 459A.404, and
including rules adopted by the commission pursuant to that
section, shall apply to a small animal truck wash facility.
However, 459A.404, subsection 1, shall only apply to a small
animal truck wash facility as provided in that subsection.
(3) The requirements of section 459A.410, including rules
adopted by the commission under those provisions that section,
shall apply to a small animal truck wash facility.
Sec. 60. Section 459A.206, subsection 1, Code 2015, as
amended by 2015 Iowa Acts, House File 583, section 25, is
amended to read as follows:
1. A settled open feedlot effluent basin or an unformed
animal truck wash effluent structure required to be constructed
pursuant to a construction permit issued pursuant to section
459A.205 shall meet design standards as required by a soils and
hydrogeologic report.
Sec. 61. Section 459A.206, subsection 2, paragraph c, Code
2015, is amended to read as follows:
c. The results of at least three soil corings reflecting
the continuous soil profile taken for each settled open feed
lot effluent basin or unformed animal truck wash effluent
structure. The soil corings shall be taken and used in
determining subsurface soil characteristics and groundwater
elevation and direction of flow of the proposed site for
construction. The soil corings shall be taken as follows:
(1) By a qualified person ordinarily engaged in the practice
of taking soil cores and in performing soil testing.
(2) At locations that reflect the continuous soil profile
conditions existing within the area of the proposed basin or
unformed structure, including conditions found near the corners
and the deepest point of the proposed basin. The soil corings
shall be taken to a minimum depth of ten feet below the bottom
elevation of the basin.
(3) By a method such as hollow stem auger or other method
that identifies the continuous soil profile and does not result
in the mixing of soil layers.
Sec. 62. Section 459A.207, subsection 1, paragraph a, Code
2015, is amended to read as follows:
a. The basin or structure was constructed in accordance
with the design plans submitted to the department as part
of an application for a construction permit pursuant to
section 459A.205. If the actual construction deviates from
the approved design plans, the construction certification
shall identify all changes and certify that the changes were
consistent with all applicable standards of this section.
Sec. 63. Section 459A.302, unnumbered paragraph 1, Code
2015, as amended by 2015 Iowa Acts, House File 583, section 32,
is amended to read as follows:
A settled open feedlot effluent basin or an unformed animal
truck wash effluent structure required to be constructed
pursuant to a construction permit issued pursuant to section
459A.205 shall meet all of the following requirements:
Sec. 64. Section 459A.302, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2015, as amended by 2015 Iowa
Acts, House File 583, section 33, is amended to read as
follows:
Prior to constructing a settled open feedlot effluent basin
or an unformed animal truck wash effluent structure, the site
for the basin or structure shall be investigated for a drainage
tile line by the owner of the open feedlot operation or animal
truck wash facility. The investigation shall be made by
digging a core trench to a depth of at least six feet deep from
ground level at the projected center of the berm of the basin
or unformed structure. If a drainage tile line is discovered,
one of the following solutions shall be implemented:
Sec. 65. Section 459A.302, subsection 1, paragraph a,
subparagraphs (1) and (2), Code 2015, are amended to read as
follows:
(1) The drainage tile line shall be rerouted around
the perimeter of the basin or unformed animal truck wash
effluent structure at a distance of at least twenty=five feet
horizontally separated from the outside edge of the berm of
the basin or unformed structure. For an area of the basin or
unformed structure where there is not a berm, the drainage
tile line shall be rerouted at least fifty feet horizontally
separated from the edge of the basin or unformed structure.
(2) The drainage tile line shall be replaced with a
nonperforated tile line under the basin floor of the basin
or unformed animal truck wash effluent structure. The
nonperforated tile line shall be continuous and without
connecting joints. There must be a minimum of three feet
between the nonperforated tile line and the basin floor of the
basin or unformed structure.
Sec. 66. Section 459A.302, subsections 2, 3, 4, and 5, Code
2015, as amended by 2015 Iowa Acts, House File 583, section 34,
are amended to read as follows:
2. a. The settled open feedlot effluent basin or an
unformed animal truck wash effluent structure shall be
constructed with a minimum separation of two feet between the
top of the liner of the basin or unformed structure and the
seasonal high=water table.
b. If a drainage tile line around the perimeter of the
settled open feedlot effluent basin or unformed animal truck
wash effluent structure is installed a minimum of two feet
below the top of the basin's or unformed structure's liner
to artificially lower the seasonal high=water table, the
top of the liner may be a maximum of four feet below the
seasonal high=water table. The seasonal high=water table may
be artificially lowered by gravity flow tile lines or other
similar system. However, the following shall apply:
(1) Except as provided in subparagraph (2), an open feedlot
operation or animal truck wash facility shall not use a
nongravity mechanical system that uses pumping equipment.
(2) If the open feedlot operation was constructed before
July 1, 2005, the operation may continue to use its existing
nongravity mechanical system that uses pumping equipment or
it may construct a new nongravity mechanical system that uses
pumping equipment. However, an open feedlot operation that
expands the area of its open feedlot on or after April 1, 2011,
shall not use a nongravity mechanical system that uses pumping
equipment.
3. Drainage tile lines may be installed to artificially
lower the seasonal high=water table at a settled open feedlot
effluent basin or an unformed animal truck wash effluent
structure, if all of the following conditions are satisfied:
a. A device to allow monitoring of the water in the drainage
tile lines and a device to allow shutoff of the flow in the
drainage tile lines are installed, if the drainage tile lines
do not have a surface outlet accessible on the property where
the basin or unformed structure is located.
b. Drainage tile lines are installed horizontally at least
twenty=five feet away from the basin or unformed structure.
Drainage tile lines shall be placed in a vertical trench and
encased in granular material which extends upward to the level
of the seasonal high=water table.
4. A settled open feedlot effluent basin or an unformed
animal truck wash effluent structure shall be constructed with
at least four feet between the bottom of the basin or unformed
structure and a bedrock formation.
5. A settled open feedlot effluent basin or an unformed
animal truck wash effluent structure constructed on a
floodplain or within a floodway of a river or stream shall
comply with rules adopted by the commission.
Sec. 67. Section 459A.302, subsection 6, unnumbered
paragraph 1, Code 2015, as amended by 2015 Iowa Acts, House
File 583, section 35, is amended to read as follows:
The liner of a settled open feedlot effluent basin or
unformed animal truck wash effluent structure shall comply with
all of the following:
Sec. 68. Section 459A.302, subsection 7, Code 2015, as
amended by 2015 Iowa Acts, House File 583, section 36, is
amended to read as follows:
7. The owner of an open feedlot operation using a settled
open feedlot effluent basin or animal truck wash facility
using an unformed animal truck wash effluent structure shall
inspect the berms of the basin or unformed structure at least
semiannually for evidence of erosion. If the inspection
reveals erosion which may impact the basin's or unformed
structure's structural stability or the integrity of the
basin's or unformed structure's liner, the owner shall repair
the berms.
Sec. 69. Section 459A.404, subsection 1, as enacted by 2015
Iowa Acts, House File 583, section 41, is amended by adding the
following new paragraph:
NEW PARAGRAPH. 0e. Paragraph "a" or "b" does not apply to a
small animal truck wash facility.
DIVISION VII
COUNTY COURTHOUSES
Sec. 70. Section 602.6105, subsection 2, Code 2015, is
amended to read as follows:
2. In any county having two county seats, court shall be
held at each, and, in the county of Pottawattamie, court shall
be held at Avoca, as well as at the county seat.
Sec. 71. REPEAL. 1884 Iowa Acts, chapter 198, is repealed.
DIVISION VIII
IOWA EDUCATION SAVINGS PLAN TRUST
Sec. 72. Section 422.7, subsection 32, paragraph a, Code
2015, is amended to read as follows:
a. Subtract the maximum contribution that may be deducted
for Iowa income tax purposes as a participant in the Iowa
educational savings plan trust pursuant to section 12D.3,
subsection 1, paragraph "a". For purposes of this paragraph,
a participant who makes a contribution on or before the
date prescribed in section 422.21 for making and filing an
individual income tax return, excluding extensions, may elect
to be deemed to have made the contribution on the last day of
the preceding calendar year. The director, after consultation
with the treasurer of state, shall prescribe by rule the
manner and method by which a participant may make an election
authorized by the preceding sentence.
Sec. 73. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to January 1, 2015, for tax years
beginning on or after that date.
DIVISION IX
RENEWABLE FUELS INFRASTRUCTURE PROGRAM
Sec. 74. Section 159A.14, subsection 1, paragraph a,
subparagraph (1), Code 2015, is amended to read as follows:
(1) Ethanol infrastructure shall be designed and used
exclusively to do any of the following:
(a) Store and dispense E=15 gasoline. At least for the
period beginning on September 16 and ending on May 31 of each
year, the ethanol infrastructure must be used to store and
dispense E=15 gasoline as a registered fuel recognized by the
United States environmental protection agency.
(a) (b) Store and dispense E=85 gasoline.
(b) (c) Store, blend, and dispense motor fuel from a motor
fuel blender pump, as required in this subparagraph division.
The ethanol infrastructure must provide be used for the storage
of ethanol or ethanol blended gasoline, or for blending ethanol
with gasoline. The ethanol infrastructure must at least
include a motor fuel blender pump which dispenses different
classifications of ethanol blended gasoline and allows E=85
gasoline to be dispensed at all times that the blender pump is
operating.
DIVISION X
CLAIMS AGAINST THE STATE AND BY THE STATE
Sec. 75. Section 8.55, subsection 3, paragraph a, Code 2015,
is amended to read as follows:
a. Except as provided in paragraphs "b", "c", and "d", and
"0e", the moneys in the Iowa economic emergency fund shall
only be used pursuant to an appropriation made by the general
assembly. An appropriation shall only be made for the fiscal
year in which the appropriation is made. The moneys shall
only be appropriated by the general assembly for emergency
expenditures.
Sec. 76. Section 8.55, subsection 3, Code 2015, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0e. There is appropriated from the Iowa
economic emergency fund to the state appeal board an amount
sufficient to pay claims authorized by the state appeal board
as provided in section 25.2.
Sec. 77. Section 25.2, subsection 4, Code 2015, is amended
to read as follows:
4. Payments authorized by the state appeal board shall be
paid from the appropriation or fund of original certification
of the claim. However, if that appropriation or fund has since
reverted under section 8.33, then such payment authorized by
the state appeal board shall be out of any money in the state
treasury not otherwise appropriated as follows:
a. From the appropriation made from the Iowa economic
emergency fund in section 8.55 for purposes of paying such
expenses.
b. To the extent the appropriation from the Iowa economic
emergency fund described in paragraph "a" is insufficient to
pay such expenses, there is appropriated from moneys in the
general fund of the state not otherwise appropriated the amount
necessary to fund the deficiency.
DIVISION XI
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS INTERNSHIP
Sec. 78. Section 15.411, subsection 3, Code 2015, is amended
to read as follows:
3. a. The authority shall establish and administer an
internship program with two components for Iowa students.
To the extent permitted by this subsection, the authority
shall administer the two components in as similar a manner as
possible. For purposes of this subsection, "Iowa student" means
a student of an Iowa community college, private college, or
institution of higher learning under the control of the state
board of regents, or a student who graduated from high school
in Iowa but now attends an institution of higher learning
outside the state of Iowa.
b. The purpose of the first component of the program is
to link Iowa students to small and medium sized Iowa firms
through internship opportunities. An Iowa employer may receive
financial assistance in an amount of one dollar for every
two dollars paid by the employer to an intern on a matching
basis for a portion of the wages paid to an intern. If
providing financial assistance, the authority shall provide
the assistance on a reimbursement basis such that for every
two dollars of wages earned by the student, one dollar paid by
the employer is matched by one dollar from the authority. The
amount of financial assistance shall not exceed three thousand
one hundred dollars for any single internship, or nine thousand
three hundred dollars for any single employer. In order to be
eligible to receive financial assistance under this paragraph,
the employer must have five hundred or fewer employees and must
be an innovative business. The authority shall encourage youth
who reside in economically distressed areas, youth adjudicated
to have committed a delinquent act, and youth transitioning out
of foster care to participate in the first component of the
internship program.
c. (1) The purpose of the second component of the program
is to assist in placing Iowa students studying in the fields
of science, technology, engineering, and mathematics into
internships that lead to permanent positions with Iowa
employers. The authority shall collaborate with eligible
employers, including but not limited to innovative businesses,
to ensure that the interns hired are studying in such fields.
An Iowa employer may receive financial assistance in an amount
of one dollar for every dollar paid by the employer to an
intern on a matching basis for a portion of the wages paid to
an intern. If providing financial assistance, the authority
shall provide the assistance on a reimbursement basis such
that for every two dollars of wages earned by the student,
one dollar paid by the employer is matched by one dollar from
the authority. The amount of financial assistance shall not
exceed five thousand dollars per internship. The authority may
adopt rules to administer this component. In adopting rules to
administer this component, the authority shall adopt rules as
similar as possible to those adopted pursuant to paragraph "b".
(2) The requirement to administer this component of the
internship program is contingent upon the provision of funding
for such purposes by the general assembly.
Sec. 79. EMERGENCY RULES. The economic development
authority may adopt emergency rules under section 17A.4,
subsection 3, and section 17A.5, subsection 2, paragraph "b",
to implement the provisions of this division of this Act and
the rules shall be effective immediately upon filing unless
a later date is specified in the rules. Any rules adopted
in accordance with this section shall also be published as a
notice of intended action as provided in section 17A.4.
Sec. 80. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 81. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to July 1, 2014.
DIVISION XII
INTERSTATE MEDICAL LICENSURE COMPACT
Sec. 82. NEW SECTION. 148G.1 Interstate medical licensure
compact.
1. Purpose.
a. In order to strengthen access to health care, and in
recognition of the advances in the delivery of health care,
the member states of the interstate medical licensure compact
have allied in common purpose to develop a comprehensive
process that complements the existing licensing and regulatory
authority of state medical boards and provides a streamlined
process that allows physicians to become licensed in multiple
states, thereby enhancing the portability of a medical license
and ensuring the safety of patients. The compact creates
another pathway for licensure and does not otherwise change
a state's existing medical practice act. The compact also
adopts the prevailing standard for licensure and affirms that
the practice of medicine occurs where the patient is located
at the time of the physician=patient encounter, and therefore,
requires the physician to be under the jurisdiction of the
state medical board where the patient is located.
b. State medical boards that participate in the compact
retain the jurisdiction to impose an adverse action against
a license to practice medicine in that state issued to a
physician through the procedures in the compact.
2. Definitions. In this compact:
a. "Bylaws" means those bylaws established by the interstate
commission pursuant to subsection 11 for its governance, or for
directing and controlling its actions and conduct.
b. "Commissioner" means the voting representative appointed
by each member board pursuant to subsection 11.
c. "Conviction" means a finding by a court that
an individual is guilty of a criminal offense through
adjudication, or entry of a plea of guilt or no contest to the
charge by the offender. Evidence of an entry of a conviction
of a criminal offense by the court shall be considered final
for purposes of disciplinary action by a member board.
d. "Expedited license" means a full and unrestricted medical
license granted by a member state to an eligible physician
through the process set forth in the compact.
e. "Interstate commission" means the interstate commission
created pursuant to this section.
f. "License" means authorization by a state for a physician
to engage in the practice of medicine, which would be unlawful
without the authorization.
g. "Medical practice act" means laws and regulations
governing the practice of allopathic and osteopathic medicine
within a member state.
h. "Member board" means a state agency in a member state
that acts in the sovereign interests of the state by protecting
the public through licensure, regulation, and education of
physicians as directed by the state government.
i. "Member state" means a state that has enacted the
compact.
j. "Offense" means a felony, gross misdemeanor, or crime of
moral turpitude.
k. "Physician" means any person who satisfies all of the
following:
(1) Is a graduate of a medical school accredited by the
liaison committee on medical education, the commission on
osteopathic college accreditation, or a medical school listed
in the international medical education directory or its
equivalent.
(2) Passed each component of the United States medical
licensing examination or the comprehensive osteopathic medical
licensing examination within three attempts, or any of its
predecessor examinations accepted by a state medical board as
an equivalent examination for licensure purposes.
(3) Successfully completed graduate medical education
approved by the accreditation council for graduate medical
education or the American osteopathic association.
(4) Holds specialty certification or a time=unlimited
specialty certificate recognized by the American board of
medical specialties or the American osteopathic association's
bureau of osteopathic specialists.
(5) Possesses a full and unrestricted license to engage in
the practice of medicine issued by a member board.
(6) Has never been convicted, received adjudication,
deferred adjudication, community supervision, or deferred
disposition for any offense by a court of appropriate
jurisdiction.
(7) Has never held a license authorizing the practice of
medicine subjected to discipline by a licensing agency in any
state, federal, or foreign jurisdiction, excluding any action
related to nonpayment of fees related to a license.
(8) Has never had a controlled substance license or permit
suspended or revoked by a state or the United States drug
enforcement administration.
(9) Is not under active investigation by a licensing agency
or law enforcement authority in any state, federal, or foreign
jurisdiction.
l. "Practice of medicine" means the clinical prevention,
diagnosis, or treatment of human disease, injury, or condition
requiring a physician to obtain and maintain a license in
compliance with the medical practice act of a member state.
m. "Rule" means a written statement by the interstate
commission promulgated pursuant to subsection 12 that is of
general applicability, implements, interprets, or prescribes
a policy or provision of the compact, or an organizational,
procedural, or practice requirement of the interstate
commission, and has the force and effect of statutory law in a
member state, and includes the amendment, repeal, or suspension
of an existing rule.
n. "State" means any state, commonwealth, district, or
territory of the United States.
o. "State of principal license" means a member state where
a physician holds a license to practice medicine and which
has been designated as such by the physician for purposes of
registration and participation in the compact.
3. Eligibility.
a. A physician must meet the eligibility requirements as
defined in subsection 2, paragraph "k", to receive an expedited
license under the terms and provisions of the compact.
b. A physician who does not meet the requirements of
subsection 2, paragraph "k", may obtain a license to practice
medicine in a member state if the individual complies with all
laws and requirements, other than the compact, relating to the
issuance of a license to practice medicine in that state.
4. Designation of state of principal license.
a. A physician shall designate a member state as the state
of principal license for purposes of registration for expedited
licensure through the compact if the physician possesses a full
and unrestricted license to practice medicine in that state,
and the state is:
(1) The state of primary residence for the physician, or
(2) The state where at least twenty=five percent of the
practice of medicine occurs, or
(3) The location of the physician's employer, or
(4) If no state qualifies under subparagraph (1),
subparagraph (2), or subparagraph (3), the state designated as
state of residence for purposes of federal income tax.
b. A physician may redesignate a member state as the state
of principal license at any time, as long as the state meets
the requirements in paragraph "a".
c. The interstate commission is authorized to develop rules
to facilitate redesignation of another member state as the
state of principal license.
5. Application and issuance of expedited licensure.
a. A physician seeking licensure through the compact shall
file an application for an expedited license with the member
board of the state selected by the physician as the state of
principal license.
b. Upon receipt of an application for an expedited
license, the member board within the state selected as
the state of principal license shall evaluate whether the
physician is eligible for expedited licensure and issue a
letter of qualification, verifying or denying the physician's
eligibility, to the interstate commission.
(1) Static qualifications, which include verification of
medical education, graduate medical education, results of any
medical or licensing examination, and other qualifications as
determined by the interstate commission through rule, shall
not be subject to additional primary source verification where
already primary source=verified by the state of principal
license.
(2) The member board within the state selected as the
state of principal license shall, in the course of verifying
eligibility, perform a criminal background check of an
applicant, including the use of the results of fingerprint or
other biometric data checks compliant with the requirements
of the federal bureau of investigation, with the exception
of federal employees who have suitability determination in
accordance with 5 C.F.R. {731.202.
(3) Appeal on the determination of eligibility shall be made
to the member state where the application was filed and shall
be subject to the law of that state.
c. Upon verification in paragraph "b", physicians eligible
for an expedited license shall complete the registration
process established by the interstate commission to receive a
license in a member state selected pursuant to paragraph "a",
including the payment of any applicable fees.
d. After receiving verification of eligibility under
paragraph "b" and any fees under paragraph "c", a member board
shall issue an expedited license to the physician. This
license shall authorize the physician to practice medicine in
the issuing state consistent with the medical practice act and
all applicable laws and regulations of the issuing member board
and member state.
e. An expedited license shall be valid for a period
consistent with the licensure period in the member state and in
the same manner as required for other physicians holding a full
and unrestricted license within the member state.
f. An expedited license obtained through the compact shall
be terminated if a physician fails to maintain a license in
the state of principal license for a nondisciplinary reason,
without redesignation of a new state of principal license.
g. The interstate commission is authorized to develop rules
regarding the application process, including payment of any
applicable fees, and the issuance of an expedited license.
6. Fees for expedited licensure.
a. A member state issuing an expedited license authorizing
the practice of medicine in that state may impose a fee for a
license issued or renewed through the compact.
b. The interstate commission is authorized to develop rules
regarding fees for expedited licenses.
7. Renewal and continued participation.
a. A physician seeking to renew an expedited license granted
in a member state shall complete a renewal process with the
interstate commission if the physician satisfies the following:
(1) Maintains a full and unrestricted license in a state of
principal license.
(2) Has not been convicted, received adjudication, deferred
adjudication, community supervision, or deferred disposition
for any offense by a court of appropriate jurisdiction.
(3) Has not had a license authorizing the practice of
medicine subject to discipline by a licensing agency in any
state, federal, or foreign jurisdiction, excluding any action
related to nonpayment of fees related to a license.
(4) Has not had a controlled substance license or permit
suspended or revoked by a state or the United States drug
enforcement administration.
b. Physicians shall comply with all continuing professional
development or continuing medical education requirements for
renewal of a license issued by a member state.
c. The interstate commission shall collect any renewal fees
charged for the renewal of a license and distribute the fees
to the applicable member board.
d. Upon receipt of any renewal fees collected in paragraph
"c", a member board shall renew the physician's license.
e. Physician information collected by the interstate
commission during the renewal process will be distributed to
all member boards.
f. The interstate commission is authorized to develop rules
to address renewal of licenses obtained through the compact.
8. Coordinated information system.
a. The interstate commission shall establish a database of
all physicians licensed, or who have applied for licensure,
under subsection 5.
b. Notwithstanding any other provision of law, member boards
shall report to the interstate commission any public action
or complaints against a licensed physician who has applied or
received an expedited license through the compact.
c. Member boards shall report disciplinary or investigatory
information determined as necessary and proper by rule of the
interstate commission.
d. Member boards may report any nonpublic complaint,
disciplinary, or investigatory information not required by
paragraph "c" to the interstate commission.
e. Member boards shall share complaint or disciplinary
information about a physician upon request of another member
board.
f. All information provided to the interstate commission or
distributed by member boards shall be confidential, filed under
seal, and used only for investigatory or disciplinary matters.
g. The interstate commission is authorized to develop rules
for mandated or discretionary sharing of information by member
boards.
9. Joint investigations.
a. Licensure and disciplinary records of physicians are
deemed investigative.
b. In addition to the authority granted to a member board by
its respective medical practice Act or other applicable state
law, a member board may participate with other member boards
in joint investigations of physicians licensed by the member
boards.
c. A subpoena issued by a member state shall be enforceable
in other member states.
d. Member boards may share any investigative, litigation, or
compliance materials in furtherance of any joint or individual
investigation initiated under the compact.
e. Any member state may investigate actual or alleged
violations of the statutes authorizing the practice of medicine
in any other member state in which a physician holds a license
to practice medicine.
10. Disciplinary actions.
a. Any disciplinary action taken by any member board against
a physician licensed through the compact shall be deemed
unprofessional conduct which may be subject to discipline
by other member boards, in addition to any violation of the
medical practice Act or regulations in that state.
b. If a license granted to a physician by the member board
in the state of principal license is revoked, surrendered,
or relinquished in lieu of discipline, or suspended, then
all licenses issued to the physician by member boards shall
automatically be placed, without further action necessary by
any member board, on the same status. If the member board
in the state of principal license subsequently reinstates
the physician's license, a license issued to the physician
by any other member board shall remain encumbered until that
respective member board takes action to reinstate the license
in a manner consistent with the medical practice Act of that
state.
c. If disciplinary action is taken against a physician by a
member board not in the state of principal license, any other
member board may deem the action conclusive as to matter of law
and fact decided and either:
(1) Impose the same or lesser sanctions against the
physician so long as such sanctions are consistent with the
medical practice Act of that state, or
(2) Pursue separate disciplinary action against the
physician under its respective medical practice Act, regardless
of the action taken in other member states.
d. If a license granted to a physician by a member board is
revoked, surrendered, or relinquished in lieu of discipline,
or suspended, then any licenses issued to the physician by
any other member boards shall be suspended, automatically and
immediately without further action necessary by the other
member boards, for ninety days upon entry of the order by the
disciplining board, to permit the member boards to investigate
the basis for the action under the medical practice Act of that
state. A member board may terminate the automatic suspension
of the license it issued prior to the completion of the
ninety=day suspension period in a manner consistent with the
medical practice Act of that state.
11. Interstate medical licensure compact commission.
a. The member states hereby create the interstate medical
licensure compact commission.
b. The purpose of the interstate commission is the
administration of the interstate medical licensure compact,
which is a discretionary state function.
c. The interstate commission shall be a body corporate
and joint agency of the member states and shall have all the
responsibilities, powers, and duties set forth in the compact,
and such additional powers as may be conferred upon it by a
subsequent concurrent action of the respective legislatures of
the member states in accordance with the terms of the compact.
d. The interstate commission shall consist of two voting
representatives appointed by each member state who shall serve
as commissioners. In states where allopathic and osteopathic
physicians are regulated by separate member boards, or if
the licensing and disciplinary authority is split between
multiple member boards within a member state, the member state
shall appoint one representative from each member board. A
commissioner shall be one of the following:
(1) An allopathic or osteopathic physician appointed to a
member board.
(2) An executive director, executive secretary, or similar
executive of a member board.
(3) A member of the public appointed to a member board.
e. The interstate commission shall meet at least once each
calendar year. A portion of this meeting shall be a business
meeting to address such matters as may properly come before
the commission, including the election of officers. The
chairperson may call additional meetings and shall call for a
meeting upon the request of a majority of the member states.
f. The bylaws may provide for meetings of the interstate
commission to be conducted by telecommunication or electronic
communication.
g. Each commissioner participating at a meeting of the
interstate commission is entitled to one vote. A majority of
commissioners shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws
of the interstate commission. A commissioner shall not
delegate a vote to another commissioner. In the absence of its
commissioner, a member state may delegate voting authority for
a specified meeting to another person from that state who shall
meet the requirements of paragraph "d".
h. The interstate commission shall provide public notice
of all meetings and all meetings shall be open to the public.
The interstate commission may close a meeting, in full or
in portion, where it determines by a two=thirds vote of the
commissioners present that an open meeting would be likely to
result in one or more of the following:
(1) Relate solely to the internal personnel practices and
procedures of the interstate commission.
(2) Discuss matters specifically exempted from disclosure
by federal statute.
(3) Discuss trade secrets, commercial, or financial
information that is privileged or confidential.
(4) Involve accusing a person of a crime, or formally
censuring a person.
(5) Discuss information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy.
(6) Discuss investigative records compiled for law
enforcement purposes.
(7) Specifically relate to the participation in a civil
action or other legal proceeding.
i. The interstate commission shall keep minutes which shall
fully describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, including
record of any roll call votes.
j. The interstate commission shall make its information
and official records, to the extent not otherwise designated
in the compact or by its rules, available to the public for
inspection.
k. The interstate commission shall establish an executive
committee, which shall include officers, members, and others as
determined by the bylaws. The executive committee shall have
the power to act on behalf of the interstate commission, with
the exception of rulemaking, during periods when the interstate
commission is not in session. When acting on behalf of the
interstate commission, the executive committee shall oversee
the administration of the compact including enforcement and
compliance with the provisions of the compact, its bylaws and
rules, and other such duties as necessary.
l. The interstate commission may establish other committees
for governance and administration of the compact.
12. Powers and duties of the interstate commission. The
interstate commission shall have power to perform the following
functions:
a. Oversee and maintain the administration of the compact.
b. Promulgate rules which shall be binding to the extent and
in the manner provided for in the compact.
c. Issue, upon the request of a member state or
member board, advisory opinions concerning the meaning or
interpretation of the compact, its bylaws, rules, and actions.
d. Enforce compliance with compact provisions, the rules
promulgated by the interstate commission, and the bylaws, using
all necessary and proper means, including but not limited to
the use of judicial process.
e. Establish and appoint committees including but not
limited to an executive committee as required by subsection 11,
which shall have the power to act on behalf of the interstate
commission in carrying out its powers and duties.
f. Pay, or provide for the payment of, the expenses related
to the establishment, organization, and ongoing activities of
the interstate commission.
g. Establish and maintain one or more offices.
h. Borrow, accept, hire, or contract for services of
personnel.
i. Purchase and maintain insurance and bonds.
j. Employ an executive director who shall have such
powers to employ, select, or appoint employees, agents, or
consultants, and to determine their qualifications, define
their duties, and fix their compensation.
k. Establish personnel policies and programs relating
to conflicts of interest, rates of compensation, and
qualifications of personnel.
l. Accept donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and
dispose of the same in a manner consistent with the conflict of
interest policies established by the interstate commission.
m. Lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve, or use, any property, real,
personal, or mixed.
n. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property, real, personal, or mixed.
o. Establish a budget and make expenditures.
p. Adopt a seal and bylaws governing the management and
operation of the interstate commission.
q. Report annually to the legislatures and governors of
the member states concerning the activities of the interstate
commission during the preceding year. Such reports shall also
include reports of financial audits and any recommendations
that may have been adopted by the interstate commission.
r. Coordinate education, training, and public awareness
regarding the compact, its implementation, and its operation.
s. Maintain records in accordance with the bylaws.
t. Seek and obtain trademarks, copyrights, and patents.
u. Perform such functions as may be necessary or appropriate
to achieve the purposes of the compact.
13. Finance powers.
a. The interstate commission may levy on and collect an
annual assessment from each member state to cover the cost of
the operations and activities of the interstate commission and
its staff. The total assessment must be sufficient to cover
the annual budget approved each year for which revenue is not
provided by other sources. The aggregate annual assessment
amount shall be allocated upon a formula to be determined
by the interstate commission, which shall promulgate a rule
binding upon all member states.
b. The interstate commission shall not incur obligations of
any kind prior to securing the funds adequate to meet the same.
c. The interstate commission shall not pledge the credit of
any of the member states, except by, and with the authority of,
the member state.
d. The interstate commission shall be subject to a yearly
financial audit conducted by a certified or licensed public
accountant and the report of the audit shall be included in the
annual report of the interstate commission.
14. Organization and operation of the interstate commission.
a. The interstate commission shall, by a majority of
commissioners present and voting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the
purposes of the compact within twelve months of the first
interstate commission meeting.
b. The interstate commission shall elect or appoint annually
from among its commissioners a chairperson, a vice chairperson,
and a treasurer, each of whom shall have such authority and
duties as may be specified in the bylaws. The chairperson,
or in the chairperson's absence or disability, the vice
chairperson, shall preside at all meetings of the interstate
commission.
c. Officers selected in paragraph "b" shall serve without
remuneration from the interstate commission.
d. The officers and employees of the interstate commission
shall be immune from suit and liability, either personally or
in their official capacity, for a claim for damage to or loss
of property or personal injury or other civil liability caused
or arising out of, or relating to, an actual or alleged act,
error, or omission that occurred, or that such person had a
reasonable basis for believing occurred, within the scope of
interstate commission employment, duties, or responsibilities,
provided that such person shall not be protected from suit or
liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
(1) The liability of the executive director and employees of
the interstate commission or representatives of the interstate
commission, acting within the scope of such person's employment
or duties for acts, errors, or omissions occurring within such
person's state, may not exceed the limits of liability set
forth under the constitution and laws of that state for state
officials, employees, and agents. The interstate commission
is considered to be an instrumentality of the states for
the purposes of any such action. Nothing in this paragraph
"d" shall be construed to protect such person from suit or
liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
(2) The interstate commission shall defend the executive
director, its employees, and subject to the approval of
the attorney general or other appropriate legal counsel of
the member state represented by an interstate commission
representative, shall defend such interstate commission
representative in any civil action seeking to impose liability
arising out of an actual or alleged act, error, or omission
that occurred within the scope of interstate commission
employment, duties, or responsibilities, or that the defendant
had a reasonable basis for believing occurred within the
scope of interstate commission employment, duties, or
responsibilities, provided that the actual or alleged act,
error, or omission did not result from intentional or willful
and wanton misconduct on the part of such person.
(3) To the extent not covered by the state involved, member
state, or the interstate commission, the representatives or
employees of the interstate commission shall be held harmless
in the amount of a settlement or judgment, including attorney
fees and costs, obtained against such persons arising out of
an actual or alleged act, error, or omission that occurred
within the scope of interstate commission employment, duties,
or responsibilities, or that such persons had a reasonable
basis for believing occurred within the scope of interstate
commission employment, duties, or responsibilities, provided
that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the
part of such persons.
15. Rulemaking functions of the interstate commission.
a. The interstate commission shall promulgate reasonable
rules in order to effectively and efficiently achieve the
purposes of the compact. Notwithstanding the foregoing, in
the event the interstate commission exercises its rulemaking
authority in a manner that is beyond the scope of the purposes
of the compact, or the powers granted hereunder, then such an
action by the interstate commission shall be invalid and have
no force or effect.
b. Rules deemed appropriate for the operations of the
interstate commission shall be made pursuant to a rulemaking
process that substantially conforms to the model state
administrative procedure Act of 2010, and subsequent amendments
thereto.
c. Not later than thirty days after a rule is promulgated,
any person may file a petition for judicial review of the
rule in the United States district court for the District
of Columbia or the federal district where the interstate
commission has its principal offices, provided that the filing
of such a petition shall not stay or otherwise prevent the
rule from becoming effective unless the court finds that the
petitioner has a substantial likelihood of success. The
court shall give deference to the actions of the interstate
commission consistent with applicable law and shall not find
the rule to be unlawful if the rule represents a reasonable
exercise of the authority granted to the interstate commission.
16. Oversight of interstate compact.
a. The executive, legislative, and judicial branches
of state government in each member state shall enforce the
compact and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions
of the compact and the rules promulgated hereunder shall have
standing as statutory law but shall not override existing state
authority to regulate the practice of medicine.
b. All courts shall take judicial notice of the compact and
the rules in any judicial or administrative proceeding in a
member state pertaining to the subject matter of the compact
which may affect the powers, responsibilities, or actions of
the interstate commission.
c. The interstate commission shall be entitled to receive
all service of process in any such proceeding, and shall have
standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the interstate
commission shall render a judgment or order void as to the
interstate commission, the compact, or promulgated rules.
17. Enforcement of interstate compact.
a. The interstate commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of the
compact.
b. The interstate commission may, by majority vote of
the commissioners, initiate legal action in the United
States district court for the District of Columbia, or, at
the discretion of the interstate commission, in the federal
district where the interstate commission has its principal
offices, to enforce compliance with the provisions of the
compact, and its promulgated rules and bylaws, against a
member state in default. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded
all costs of such litigation including reasonable attorney
fees.
c. The remedies herein shall not be the exclusive remedies
of the interstate commission. The interstate commission may
avail itself of any other remedies available under state law or
the regulation of a profession.
18. Default procedures.
a. The grounds for default include but are not limited
to failure of a member state to perform such obligations or
responsibilities imposed upon it by the compact, or the rules
and bylaws of the interstate commission promulgated under the
compact.
b. If the interstate commission determines that a member
state has defaulted in the performance of its obligations
or responsibilities under the compact, or the bylaws or
promulgated rules, the interstate commission shall do the
following:
(1) Provide written notice to the defaulting state and other
member states of the nature of the default, the means of curing
the default, and any action taken by the interstate commission.
The interstate commission shall specify the conditions by which
the defaulting state must cure its default.
(2) Provide remedial training and specific technical
assistance regarding the default.
c. If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the commissioners and all
rights, privileges, and benefits conferred by the compact shall
terminate on the effective date of termination. A cure of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of the default.
d. Termination of membership in the compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to terminate shall be given by
the interstate commission to the governor, the majority and
minority leaders of the defaulting state's legislature, and
each of the member states.
e. The interstate commission shall establish rules and
procedures to address licenses and physicians that are
materially impacted by the termination of a member state, or
the withdrawal of a member state.
f. The member state which has been terminated is responsible
for all dues, obligations, and liabilities incurred through
the effective date of termination including obligations, the
performance of which extends beyond the effective date of
termination.
g. The interstate commission shall not bear any costs
relating to any state that has been found to be in default or
which has been terminated from the compact, unless otherwise
mutually agreed upon in writing between the interstate
commission and the defaulting state.
h. The defaulting state may appeal the action of the
interstate commission by petitioning the United States district
court for the District of Columbia or the federal district
where the interstate commission has its principal offices. The
prevailing party shall be awarded all costs of such litigation
including reasonable attorney fees.
19. Dispute resolution.
a. The interstate commission shall attempt, upon the request
of a member state, to resolve disputes which are subject to
the compact and which may arise among member states or member
boards.
b. The interstate commission shall promulgate rules
providing for both mediation and binding dispute resolution as
appropriate.
20. Member states, effective date, and amendment.
a. Any state is eligible to become a member state of the
compact.
b. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than
seven states. Thereafter, it shall become effective and
binding on a state upon enactment of the compact into law by
that state.
c. The governors of nonmember states, or their designees,
shall be invited to participate in the activities of the
interstate commission on a nonvoting basis prior to adoption
of the compact by all states.
d. The interstate commission may propose amendments to the
compact for enactment by the member states. No amendment shall
become effective and binding upon the interstate commission and
the member states unless and until it is enacted into law by
unanimous consent of the member states.
21. Withdrawal.
a. Once effective, the compact shall continue in force and
remain binding upon each and every member state, provided that
a member state may withdraw from the compact by specifically
repealing the statute which enacted the compact into law.
b. Withdrawal from the compact shall be by the enactment
of a statute repealing the same, but shall not take effect
until one year after the effective date of such statute and
until written notice of the withdrawal has been given by the
withdrawing state to the governor of each other member state.
c. The withdrawing state shall immediately notify the
chairperson of the interstate commission in writing upon the
introduction of legislation repealing the compact in the
withdrawing state.
d. The interstate commission shall notify the other member
states of the withdrawing state's intent to withdraw within
sixty days of its receipt of notice provided under paragraph
"c".
e. The withdrawing state is responsible for all dues,
obligations, and liabilities incurred through the effective
date of withdrawal, including obligations, the performance of
which extend beyond the effective date of withdrawal.
f. Reinstatement following withdrawal of a member state
shall occur upon the withdrawing state reenacting the compact
or upon such later date as determined by the interstate
commission.
g. The interstate commission is authorized to develop
rules to address the impact of the withdrawal of a member
state on licenses granted in other member states to physicians
who designated the withdrawing member state as the state of
principal license.
22. Dissolution.
a. The compact shall dissolve effective upon the date of
the withdrawal or default of the member state which reduces the
membership in the compact to one member state.
b. Upon the dissolution of the compact, the compact becomes
null and void and shall be of no further force or effect, and
the business and affairs of the interstate commission shall be
concluded and surplus funds shall be distributed in accordance
with the bylaws.
23. Severability and construction.
a. The provisions of the compact shall be severable,
and if any phrase, clause, sentence, or provision is deemed
unenforceable, the remaining provisions of the compact shall
be enforceable.
b. The provisions of the compact shall be liberally
construed to effectuate its purposes.
c. Nothing in the compact shall be construed to prohibit the
applicability of other interstate compacts to which the states
are members.
24. Binding effect of compact and other laws.
a. Nothing herein prevents the enforcement of any other law
of a member state that is not inconsistent with the compact.
b. All laws in a member state in conflict with the compact
are superseded to the extent of the conflict.
c. All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the commission,
are binding upon the member states.
d. All agreements between the interstate commission and the
member states are binding in accordance with their terms.
e. In the event any provision of the compact exceeds the
constitutional limits imposed on the legislature of any member
state, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
member state.
DIVISION XIII
ENTREPRENEUR INVESTMENT AWARDS PROGRAM
Sec. 83. Section 15E.362, Code 2015, is amended by striking
the section and inserting in lieu thereof the following:
15E.362 Entrepreneur investment awards program.
1. For purposes of this division, unless the context
otherwise requires:
a. "Business development services" includes but is not
limited to corporate development services, business model
development services, business planning services, marketing
services, financial strategies and management services,
mentoring and management coaching, and networking services.
b. "Eligible entrepreneurial assistance provider" means a
person meeting the requirements of subsection 3.
c. "Financial assistance" means the same as defined in
section 15.327.
d. "Program" means the entrepreneur investment awards
program administered pursuant to this division.
2. The authority shall establish and administer an
entrepreneur investment awards program for purposes of
providing financial assistance to eligible entrepreneurial
assistance providers that provide technical and financial
assistance to entrepreneurs and start=up companies seeking to
create, locate, or expand a business in the state. Financial
assistance under the program shall be provided from the
entrepreneur investment awards program fund created in section
15E.363.
3. In order to be eligible for financial assistance under
the program an entrepreneurial assistance provider must meet
all of the following requirements:
a. The provider must have its principal place of operations
located in this state.
b. The provider must offer a comprehensive set of business
development services to emerging and early=stage innovation
companies to assist in the creation, location, growth, and
long=term success of the company in this state.
c. The business development services may be performed at the
physical location of the provider or the company.
d. The business development services may be provided in
consideration of equity participation in the company, a fee
for services, a membership agreement with the company, or any
combination thereof.
4. Entrepreneurial assistance providers may apply for
financial assistance under the program in the manner and form
prescribed by the authority.
5. The economic development authority board in its
discretion may approve, deny, or defer each application
for financial assistance under the program from persons
it determines to be an eligible entrepreneurial assistance
provider.
6. Subject to subsection 7, the amount of financial
assistance awarded to an eligible entrepreneurial assistance
provider shall be within the discretion of the authority.
7. a. The maximum amount of financial assistance awarded
to an eligible entrepreneurial assistance provider shall not
exceed two hundred thousand dollars.
b. The maximum amount of financial assistance provided under
the program shall not exceed one million dollars in a fiscal
year.
8. The authority shall award financial assistance on a
competitive basis. In making awards of financial assistance,
the authority may develop scoring criteria and establish
minimum requirements for the receipt of financial assistance
under the program. In making awards of financial assistance,
the authority may consider all of the following:
a. The business experience of the professional staff
employed or retained by the eligible entrepreneurial assistance
provider.
b. The business plan review capacity of the professional
staff of the eligible entrepreneurial assistance provider.
c. The expertise in all aspects of business disciplines
of the professional staff of the eligible entrepreneurial
assistance provider.
d. The access of the eligible entrepreneurial assistance
provider to external service providers, including legal,
accounting, marketing, and financial services.
e. The service model and likelihood of success of the
eligible entrepreneurial assistance provider and its similarity
to other successful entrepreneurial assistance providers in the
country.
f. The financial need of the eligible entrepreneurial
assistance provider.
9. Financial assistance awarded to an eligible
entrepreneurial assistance provider shall only be used for
the purpose of operating costs incurred by the eligible
entrepreneurial assistance provider in providing business
development services to emerging and early=stage innovation
companies in this state. Such financial assistance shall not
be distributed to owners or investors of the company to which
business development services are provided and shall not be
distributed to other persons assisting with the provision of
business development services to the company.
10. The authority may contract with outside service
providers for assistance with the program or may delegate
the administration of the program to the Iowa innovation
corporation pursuant to section 15.106B.
11. The authority may make client referrals to eligible
entrepreneurial assistance providers.
Sec. 84. Section 15E.363, subsection 3, Code 2015, is
amended to read as follows:
3. The Moneys credited to the fund are appropriated to
the authority and shall be used to provide grants under the
entrepreneur investment awards program established in section
15E.362 financial assistance under the program.
DIVISION XIV
HOUSING ENTERPRISE TAX CREDIT
Sec. 85. 2014 Iowa Acts, chapter 1130, is amended by adding
the following new section:
NEW SECTION. SEC. 41A. Notwithstanding the section of
this Act repealing section 15E.193B, the economic development
authority may enter into an agreement and issue housing
enterprise tax credits to a housing business if all the
following conditions are met:
1. The city or county in which the enterprise zone is
located mailed, or caused to be mailed, the necessary program
application forms on or after June 1, 2014, and prior to July
1, 2014, but the applications were not received by the economic
development authority. The economic development authority may
accept an affidavit by a city to confirm timely mailing of the
application forms, notwithstanding section 622.105.
2. The application forms submitted pursuant to subsection 1
were approved by all necessary governing bodies and commissions
of the city or county as required by chapter 15E, division
XVIII, Code 2014.
3. The economic development authority determines the
housing business would otherwise be eligible under section
15E.193B, Code 2014.
4. The city or county and the eligible housing business meet
all other requirements of the housing enterprise tax credit
program under chapter 15E, division XVIII, Code 2014, and the
agreement to be entered into pursuant to this section.
Sec. 86. 2014 Iowa Acts, chapter 1130, section 43,
subsection 1, is amended to read as follows:
1. On or after the effective date of this division of this
Act, a city or county shall not create an enterprise zone under
chapter 15E, division XVIII, or enter into a new agreement or
amend an existing agreement under chapter 15E, division XVIII,
unless otherwise authorized in this Act.
Sec. 87. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 88. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to July 1, 2014.
DIVISION XV
COURT DEBT
Sec. 89. Section 321.40, subsection 9, Code 2015, is amended
to read as follows:
9. a. The clerk of the district court shall notify the
county treasurer of any delinquent court debt, as defined in
section 602.8107, which is being collected by the centralized
collection unit of the department of revenue private collection
designee pursuant to section 602.8107, subsection 3, or the
county attorney pursuant to section 602.8107, subsection
4. The county treasurer shall refuse to renew the vehicle
registration of the applicant upon such notification from the
clerk of the district court in regard to such applicant.
b. If the applicant enters into or renews a payment plan
an installment agreement as defined in section 602.8107,
that is satisfactory to the centralized collection unit of
the department of revenue private collection designee, the
county attorney, or the county attorney's designee, the
centralized collection unit or the county attorney private
collection designee, county attorney, or a county attorney's
designee shall provide the county treasurer with written or
electronic notice of the payment plan installment agreement
within five days of entering into such a plan the installment
agreement. The county treasurer shall temporarily lift the
registration hold on an applicant for a period of ten days
if the treasurer receives such notice in order to allow the
applicant to register a vehicle for the year. If the applicant
remains current in compliance with the payment plan installment
agreement entered into with the centralized collection unit
private collection designee or the county attorney or the
county attorney's designee, subsequent lifts of registration
holds shall be granted without additional restrictions.
Sec. 90. Section 321.210A, subsection 2, Code 2015, is
amended to read as follows:
2. If after suspension, the person enters into an
installment agreement with the county attorney, the county
attorney's designee, or the centralized collection unit of the
department of revenue private collection designee in accordance
with section 321.210B to pay the fine, penalty, court cost,
or surcharge, the person's license shall be reinstated by the
department upon receipt of a report of an executed installment
agreement.
Sec. 91. Section 321.210B, subsections 1, 3, 8, 9, 11, and
14, Code 2015, are amended to read as follows:
1. If a person's fine, penalty, surcharge, or court
cost is deemed delinquent as provided in section 602.8107,
subsection 2, and the person's driver's license has been
suspended pursuant to section 321.210A, the person may execute
an installment agreement as defined in section 602.8107 with
the county attorney, the county attorney's designee, or the
centralized collection unit of the department of revenue
private collection designee under contract with the judicial
branch pursuant to section 602.8107, subsection 5, to pay
the delinquent amount and the fee civil penalty assessed in
subsection 7 in installments. Prior to execution of the
installment agreement, the person shall provide the county
attorney, the county attorney's designee, or the centralized
collection unit of the department of revenue private collection
designee with a financial statement in order for the parties
to the agreement to determine the amount of the installment
payments.
3. The county attorney, the county attorney's designee, or
the centralized collection unit of the department of revenue
private collection designee shall file or give notice of the
installment agreement with the clerk of the district court in
the county where the fine, penalty, surcharge, or court cost
was imposed, within five days of execution of the agreement.
8. Upon determination by the county attorney, the county
attorney's designee, or the centralized collection unit of
the department of revenue private collection designee that
the person is in default, the county attorney, the county
attorney's designee, or the centralized collection unit private
collection designee shall notify the clerk of the district
court.
9. The clerk of the district court, upon receipt of a
notification of a default from the county attorney, the county
attorney's designee, or the centralized collection unit of the
department of revenue private collection designee, shall report
the default to the department of transportation.
11. If a new fine, penalty, surcharge, or court cost
is imposed on a person after the person has executed an
installment agreement with the county attorney, the county
attorney's designee, or the centralized collection unit of the
department of revenue private collection designee, and the new
fine, penalty, surcharge, or court cost is deemed delinquent as
provided in section 602.8107, subsection 2, and the person's
driver's license has been suspended pursuant to section
321.210A, the person may enter into a second installment
agreement with the county attorney, county attorney's designee,
or the centralized collection unit of the department of revenue
private collection designee to pay the delinquent amount
and the fee civil penalty, if assessed, in subsection 7 in
installments.
14. Except for a civil penalty assessed and collected
pursuant to subsection 7, any amount collected under the
installment agreement by the county attorney or the county
attorney's designee shall be distributed as provided in
section 602.8107, subsection 4, and any amount collected by
the centralized collection unit of the department of revenue
private collection designee shall be deposited with the clerk
of the district court for distribution under section 602.8108.
Sec. 92. Section 602.8107, subsection 1, Code 2015, is
amended to read as follows:
1. Definition. As used in this section, "court debt" unless
the context otherwise requires:
a. "Court debt" means all fines, penalties, court costs,
fees, forfeited bail, surcharges under chapter 911, victim
restitution, court=appointed attorney fees or expenses of a
public defender ordered pursuant to section 815.9, or fees
charged pursuant to section 356.7 or 904.108.
b. "Installment agreement" means an agreement made for the
payment of court debt in installments.
c. "Installment payment" means the partial payment of court
debt which is divided into portions that are made payable at
different times.
Sec. 93. Section 602.8107, subsection 3, Code 2015, is
amended to read as follows:
3. Collection by centralized collection unit of department
of revenue private collection designee under contract with the
judicial branch.
a. Thirty days after court debt has been assessed, or if an
installment payment is not received within thirty days after
the date it is due, the judicial branch shall assign a case to
the centralized collection unit of the department of revenue or
its designee private collection designee under contract with
the judicial branch pursuant to subsection 5 to collect debts
owed to the clerk of the district court for a period of one
year.
b. In addition, court debt which is being collected under
an installment agreement pursuant to section 321.210B which is
in default that remains delinquent shall also be assigned to
the centralized collection unit of the department of revenue
or its designee for a period of one year remain assigned to the
private collection designee if the installment agreement was
executed with the private collection designee; or to the county
attorney or county attorney's designee if the installment
agreement was executed with the county attorney or county
attorney's designee.
c. If a county attorney has filed with the clerk of the
district court a full commitment to collect delinquent court
debt pursuant to subsection 4, the court debt in a case shall
be assigned after sixty days to the county attorney as provided
in subsection 4, if the court debt in a case has not been placed
in an established payment plan by the centralized collection
unit is not part of an installment agreement with the private
collection designee under contract with the judicial branch
pursuant to subsection 5. For all other delinquent court debt
not assigned to a county attorney pursuant to subsection 4, the
delinquent court debt shall be assigned to a private collection
designee as provided in subsection 5, after one year, if the
delinquent court debt in a case has not been placed in an
established payment plan by the centralized collection unit.
a. The department of revenue may impose a fee established
by rule to reflect the cost of processing which shall be added
to the debt owed to the clerk of the district court. Any
amounts collected by the unit shall first be applied to the
processing fee. The remaining amounts shall be remitted to the
clerk of the district court for the county in which the debt
is owed. The judicial branch may prescribe rules to implement
this subsection. These rules may provide for remittance of
processing fees to the department of revenue or its designee.
b. Satisfaction of the outstanding court debt occurs only
when all fees or charges and the outstanding court debt is paid
in full. Payment of the outstanding court debt only shall not
be considered payment in full for satisfaction purposes.
Sec. 94. Section 602.8107, subsection 4, paragraph g, Code
2015, is amended by striking the paragraph.
Sec. 95. Section 602.8107, subsection 5, paragraph a, Code
2015, is amended to read as follows:
a. The judicial branch shall contract with a private
collection designee for the collection of court debt one year
after the court debt in a case is deemed delinquent pursuant to
subsection 2 if the county attorney is not collecting the court
debt in a case pursuant to subsection 4. The judicial branch
shall solicit requests for proposals prior to entering into any
contract pursuant to this subsection.
Sec. 96. Section 602.8107, subsection 5, paragraph e, Code
2015, is amended by striking the paragraph and inserting in
lieu thereof the following:
e. The private collection designee may utilize any debt
collection methods including but not limited to attachment,
execution, or garnishment.
DIVISION XVI
RESIDENTIAL SWIMMING POOLS
Sec. 97. RESIDENTIAL SWIMMING POOLS ==== PRIVATE SWIMMING
LESSONS. Notwithstanding any provision of law to the
contrary, the department of public health shall require that
a residential swimming pool used for private swimming lessons
for up to two hundred seven hours in a calendar month, or the
number of hours prescribed by local ordinance applicable to
such use of a residential swimming pool, whichever is greater,
be regulated as a residential swimming pool used for commercial
purposes pursuant to chapter 135I. The department of public
health may adopt rules to implement this section.
Sec. 98. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION XVII
ONLINE LEARNING
Sec. 99. Section 256.7, subsection 32, paragraph c, Code
2015, is amended to read as follows:
c. Adopt rules that limit the statewide enrollment of
pupils in educational instruction and course content that are
delivered primarily over the internet to not more than eighteen
one=hundredths of one percent of the statewide enrollment of
all pupils, and that limit the number of pupils participating
in open enrollment for purposes of receiving educational
instruction and course content that are delivered primarily
over the internet to no more than one percent of a sending
district's enrollment. Until June 30, 2015 2018, students
such limitations shall not apply if the limitations would
prevent siblings from enrolling in the same school district or
if a sending district determines that the educational needs
of a physically or emotionally fragile student would be best
served by educational instruction and course content that are
delivered primarily over the internet. Students who meet
the requirements of section 282.18 may participate in open
enrollment under this paragraph "c" for purposes of enrolling
only in the CAM community school district or the Clayton Ridge
community school district.
(01) The department, in collaboration with the
international association for K=12 online learning, shall
annually collect data on student performance in educational
instruction and course content that are delivered primarily
over the internet pursuant to this paragraph "c". The
department shall include such data in its annual report to the
general assembly pursuant to subparagraph (3) and shall post
the data on the department's internet site.
(1) School districts providing educational instruction and
course content that are delivered primarily over the internet
pursuant to this paragraph "c" shall annually submit to the
department, in the manner prescribed by the department, data
that includes but is not limited to student the following:
(a) Student achievement and demographic characteristics,
retention.
(b) Retention rates, and the.
(c) The percentage of enrolled students' active
participation in extracurricular activities.
(d) Academic proficiency levels, consistent with
requirements applicable to all school districts and accredited
nonpublic schools in this state.
(e) Academic growth measures, which shall include either of
the following:
(i) Entry and exit assessments in, at a minimum, math
and English for elementary and middle school students, and
additional subjects, including science, for high school
students.
(ii) State=required assessments that track year=over=year
improvements in academic proficiency.
(f) Academic mobility. To facilitate the tracking
of academic mobility, school districts shall request the
following information from the parent or guardian of a student
enrolled in educational instruction and course content that
are delivered primarily over the internet pursuant to this
paragraph "c":
(i) For a student newly enrolling, the reasons for choosing
such enrollment.
(ii) For a student terminating enrollment, the reasons for
terminating such enrollment.
(g) Student progress toward graduation. Measurement of
such progress shall account for specific characteristics of
each enrolled student, including but not limited to age and
course credit accrued prior to enrollment in educational
instruction and course content that are delivered primarily
over the internet pursuant to this paragraph "c", and shall be
consistent with evidence=based best practices.
(2) The department shall conduct annually a survey of not
less than ten percent of the total number of students enrolled
as authorized under this paragraph "c" and section 282.18, and
not less than one hundred percent of the students in those
districts who are enrolled as authorized under this paragraph
"c" and section 282.18 and who are eligible for free or reduced
price meals under the federal National School Lunch Act and the
federal Child Nutrition Act of 1966, 42 U.S.C. {{1751=1785, to
determine whether students are enrolled under this paragraph
"c" and section 282.18 to receive educational instruction and
course content primarily over the internet or are students who
are receiving competent private instruction from a licensed
practitioner provided through a school district pursuant to
chapter 299A.
(3) The department shall compile and review the data
collected pursuant to this paragraph "c" and shall submit its
findings and recommendations for the continued delivery of
instruction and course content by school districts pursuant
to this paragraph "c", in a report to the general assembly by
January 15 annually.
(4) This paragraph "c" is repealed July 1, 2015.
School districts providing educational instruction and
course content that are delivered primarily over the internet
pursuant to this paragraph "c" shall comply with the following
requirements relating to such instruction and content:
(a) Monitoring and verifying full=time student enrollment,
timely completion of graduation requirements, course credit
accrual, and course completion.
(b) Monitoring and verifying student progress and
performance in each course through a school=based assessment
plan that includes submission of coursework and security and
validity of testing.
(c) Conducting parent=teacher conferences.
(d) Administering assessments required by the state to all
students in a proctored setting and pursuant to state law.
Sec. 100. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 101. RETROACTIVE APPLICABILITY. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, applies retroactively to June 30, 2015.
DIVISION XVIII
HEALTH CARRIER DISCLOSURES
Sec. 102. NEW SECTION. 514K.2 Health carrier disclosures
==== public internet sites.
1. A carrier that provides small group health coverage
pursuant to chapter 513B or individual health coverage pursuant
to chapter 513C and that offers for sale a policy, contract,
or plan that covers the essential health benefits required
pursuant to section 1302 of the federal Patient Protection and
Affordable Care Act, Pub. L. No. 111=148, and its implementing
regulations, shall provide to each of its enrollees at the
time of enrollment, and shall make available to prospective
enrollees and enrollees, insurance producers licensed under
chapter 522B, and the general public, on the carrier's
internet site, all of the following information in a clear and
understandable form for use in comparing policies, contracts,
and plans, and coverage and premiums:
a. Any exclusions from coverage and any restrictions on
the use or quantity of covered items and services in each
category of benefits, including prescription drugs and drugs
administered by a physician or clinic.
b. Any items or services, including prescription drugs, that
have a coinsurance requirement where the cost=sharing required
depends on the cost of the item or service.
c. The specific prescription drugs available on the
carrier's formulary, the specific prescription drugs covered
when furnished by a physician or clinic, and any clinical
prerequisites or prior authorization requirements for coverage
of the drugs.
d. The specific types of specialists available in the
carrier's network and the specific physicians included in the
carrier's network.
e. The process for an enrollee to appeal a carrier's denial
of coverage of an item or service prescribed or ordered by the
enrollee's treating physician.
f. How medications will specifically be included in or
excluded from the deductible, including a description of all
out=of=pocket costs that may not apply to the deductible for a
prescription drug.
2. The commissioner may adopt rules pursuant to chapter 17A
to administer this section.
3. The commissioner may impose any of the sanctions provided
under chapter 507B for a violation of this section.
Sec. 103. NEW SECTION. 514K.3 Health care plan internal
appeals process ==== disclosure requirements.
1. A carrier that provides small group health coverage
pursuant to chapter 513B or individual health coverage pursuant
to chapter 513C through the issuance of nongrandfathered
health plans as defined in section 1251 of the federal Patient
Protection and Affordable Care Act, Pub. L. No. 111=148, and
in 45 C.F.R. {147.140, shall implement and maintain procedures
for carrying out an effective internal claims and appeals
process that meets the requirements established pursuant to
section 2719 of the federal Public Health Service Act, 42
U.S.C. {300gg=19, and 45 C.F.R. {147.136. The procedures shall
include but are not limited to all of the following:
a. Expedited notification to enrollees of benefit
determinations involving urgent care.
b. Full and fair internal review of claims and appeals.
c. Avoidance of conflicts of interest.
d. Sufficient notice to enrollees, including a description
of available internal claims and appeals procedures, as well
as information about how to initiate an appeal of a denial of
coverage.
2. a. A carrier that provides health coverage as described
in subsection 1 shall maintain written records of all requests
for internal claims and appeals that are received and for which
internal review was performed during each calendar year. Such
records shall be maintained for at least three years.
b. A carrier that provides health coverage as described in
subsection 1 shall submit to the commissioner, upon request, a
report that includes all of the following:
(1) The total number of requests for internal review of
claims and appeals that are received by the carrier each year.
(2) The average length of time for resolution of each
request for internal review of a claim or appeal.
(3) A summary of the types of coverage or cases for which
internal review of a claim or appeal was requested.
(4) Any other information required by the commissioner in a
format specified by rule.
3. A carrier that provides health coverage as described
in subsection 1 shall make available to consumers written
notice of the carrier's internal claims and appeals and
internal review procedures and shall maintain a toll=free
consumer=assistance telephone helpline that offers consumers
assistance with the carrier's internal claims and appeals
and internal review procedures, including how to initiate,
complete, or submit a claim or appeal.
4. The commissioner may adopt rules pursuant to chapter 17A
to administer this section.
Sec. 104. APPLICABILITY. This division of this Act is
applicable to health insurance policies, contracts, or plans
that are delivered, issued for delivery, continued, or renewed
on or after January 1, 2016.
DIVISION XIX
REFUND FRAUD ==== INCOME TAXES
Sec. 105. Section 421.17, subsection 23, Code 2015, is
amended to read as follows:
23. To develop, modify, or contract with vendors to create
or administer systems or programs which identify nonfilers of
returns or nonpayers of taxes administered by the department
and to identify and prevent the issuance of fraudulent or
erroneous refunds. Fees for services, reimbursements,
costs incurred by the department, or other remuneration
may be funded from the amount of tax, penalty, or interest
actually collected and shall be paid only after the amount
is collected. An amount is appropriated from the amount
of tax, penalty, and interest actually collected, not to
exceed the amount collected, which is sufficient to pay for
services, reimbursement, costs incurred by the department,
or other remuneration pursuant to this subsection. Vendors
entering into a contract with the department pursuant to this
subsection are subject to the requirements and penalties of the
confidentiality laws of this state regarding tax information.
The director shall report annually to the legislative services
agency and the chairpersons and ranking members of the ways
and means committees on the amount of costs incurred and paid
during the previous fiscal year pursuant to this subsection
and the incidence of refund fraud and the costs incurred and
amounts prevented from issuance during the previous fiscal year
pursuant to this subsection.
Sec. 106. IMPLEMENTATION ==== REPORT. The director of revenue
shall implement the procedures required by this division of
this Act no later than January 1, 2016. The director shall
submit a report on the director's progress in implementing the
procedures required by this division of this Act to the general
assembly by October 3, 2016. The report shall include any
statutory changes necessary to facilitate the implementation
of this division of this Act.
DIVISION XX
ANGEL INVESTOR TAX CREDITS
Sec. 107. Section 2.48, subsection 3, paragraph d,
subparagraph (1), Code 2015, is amended to read as follows:
(1) Tax credits for investments in qualifying businesses
and community=based seed capital funds under chapter 15E,
division V.
Sec. 108. Section 15.119, subsection 2, paragraph d, Code
2015, is amended to read as follows:
d. The tax credits for investments in qualifying businesses
and community=based seed capital funds issued pursuant to
section 15E.43. In allocating tax credits pursuant to this
subsection, the authority shall allocate two million dollars
for purposes of this paragraph, unless the authority determines
that the tax credits awarded will be less than that amount.
Sec. 109. Section 15E.41, Code 2015, is amended by striking
the section and inserting in lieu thereof the following:
15E.41 Purpose.
The purpose of this division is to stimulate job growth,
create wealth, and accelerate the creation of new ventures by
using investment tax credits to incentivize the transfer of
capital from investors to entrepreneurs, particularly during
early=stage growth.
Sec. 110. Section 15E.42, Code 2015, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. "Entrepreneurial assistance
program" includes the entrepreneur investment awards program
administered under section 15E.362, the receipt of services
from a service provider engaged pursuant to section 15.411,
subsection 1, or the program administered under section 15.411,
subsection 2.
Sec. 111. Section 15E.42, subsection 3, Code 2015, is
amended to read as follows:
3. "Investor" means a person making a cash investment in
a qualifying business or in a community=based seed capital
fund. "Investor" does not include a person that holds at least
a seventy percent ownership interest as an owner, member, or
shareholder in a qualifying business.
Sec. 112. Section 15E.42, subsection 4, Code 2015, is
amended by striking the subsection.
Sec. 113. Section 15E.43, subsections 1 and 2, Code 2015,
are amended to read as follows:
1. a. For tax years beginning on or after January 1, 2002
2015, a tax credit shall be allowed against the taxes imposed
in chapter 422, divisions II, III, and V, and in chapter 432,
and against the moneys and credits tax imposed in section
533.329, for a portion of a taxpayer's equity investment,
as provided in subsection 2, in a qualifying business or a
community=based seed capital fund.
b. An individual may claim a tax credit under this
paragraph section of a partnership, limited liability company,
S corporation, estate, or trust electing to have income
taxed directly to the individual. The amount claimed by the
individual shall be based upon the pro rata share of the
individual's earnings from the partnership, limited liability
company, S corporation, estate, or trust.
b. c. A tax credit shall be allowed only for an investment
made in the form of cash to purchase equity in a qualifying
business or in a community=based seed capital fund. A
taxpayer that has received a tax credit for an investment in
a community=based seed capital fund shall not claim the tax
credit prior to the third tax year following the tax year in
which the investment is made. Any tax credit in excess of the
taxpayer's liability for the tax year may be credited to the
tax liability for the following five years or until depleted,
whichever is earlier. A tax credit shall not be carried back
to a tax year prior to the tax year in which the taxpayer
redeems the tax credit.
c. In the case of a tax credit allowed against the taxes
imposed in chapter 422, division II, where the taxpayer died
prior to redeeming the entire tax credit, the remaining credit
can be redeemed on the decedent's final income tax return.
d. For a tax credit claimed against the taxes imposed in
chapter 422, division II, any tax credit in excess of the
tax liability is refundable. In lieu of claiming a refund,
the taxpayer may elect to have the overpayment shown on
the taxpayer's final, completed return credited to the tax
liability for the following tax year. For a tax credit claimed
against the taxes imposed in chapter 422, divisions III and
V, and in chapter 432, and against the moneys and credits tax
imposed in section 533.329, any tax credit in excess of the
taxpayer's liability for the tax year may be credited to the
tax liability for the following three years or until depleted,
whichever is earlier. A tax credit shall not be carried back
to a tax year prior to the tax year in which the taxpayer
redeems the tax credit.
2. a. A The amount of the tax credit shall equal twenty
twenty=five percent of the taxpayer's equity investment.
b. The maximum amount of a tax credit for an investment
by an investor in any one qualifying business shall be fifty
thousand dollars. Each year, an investor and all affiliates
of the investor shall not claim tax credits under this section
for more than five different investments in five different
qualifying businesses that may be issued per calendar year to a
natural person and the person's spouse or dependent shall not
exceed one hundred thousand dollars combined. For purposes of
this paragraph, a tax credit issued to a partnership, limited
liability company, S corporation, estate, or trust electing to
have income taxed directly to the individual shall be deemed
to be issued to the individual owners based upon the pro rata
share of the individual's earnings from the entity. For
purposes of this paragraph, "dependent" has the same meaning as
provided by the Internal Revenue Code.
c. The maximum amount of tax credits that may be issued
per calendar year for equity investments in any one qualifying
business shall not exceed five hundred thousand dollars.
Sec. 114. Section 15E.43, subsections 5 and 7, Code 2015,
are amended to read as follows:
5. A tax credit shall not be transferable transferred to any
other taxpayer person.
7. The authority shall develop a system for registration
and authorization issuance of tax credits authorized pursuant
to this division and shall control distribution of all tax
credits distributed credit certificates to investors pursuant
to this division. The authority shall develop rules for the
qualification and administration of qualifying businesses
and community=based seed capital funds. The department of
revenue shall adopt these criteria as administrative rules and
any other rules pursuant to chapter 17A as necessary for the
administration of this division.
Sec. 115. Section 15E.43, subsections 6 and 8, Code 2015,
are amended by striking the subsections.
Sec. 116. Section 15E.44, subsection 2, paragraph c, Code
2015, is amended by striking the paragraph and inserting in
lieu thereof the following:
c. The business is participating in an entrepreneurial
assistance program. The authority may waive this requirement
if a business establishes that its owners, directors, officers,
and employees have an appropriate level of experience such
that participation in an entrepreneurial assistance program
would not materially change the prospects of the business.
The authority may consult with outside service providers in
consideration of such a waiver.
Sec. 117. Section 15E.44, subsection 2, paragraphs e and f,
Code 2015, are amended to read as follows:
e. The business shall not have a net worth that exceeds five
ten million dollars.
f. The business shall have secured all of the following at
the time of application for tax credits:
(1) At least two investors.
(2) total Total equity financing, near equity financing,
binding investment commitments, or some combination thereof,
equal to at least two hundred fifty five hundred thousand
dollars, from investors. For purposes of this subparagraph,
"investor" includes a person who executes a binding investment
commitment to a business.
Sec. 118. Section 15E.46, Code 2015, is amended to read as
follows:
15E.46 Reports Confidentiality ==== reports.
1. Except as provided in subsection 2, all information or
records in the possession of the authority with respect to
this division shall be presumed by the authority to be a trade
secret protected under chapter 550 or common law and shall be
kept confidential by the authority unless otherwise ordered by
a court.
2. All of the following shall be considered public
information under chapter 22:
a. The identity of a qualifying business.
b. The identity of an investor and the qualifying business
in which the investor made an equity investment.
c. The number of tax credit certificates issued by the
authority.
d. The total dollar amount of tax credits issued by the
authority.
3. The authority shall publish an annual report of the
activities conducted pursuant to this division and shall
submit the report to the governor and the general assembly.
The report shall include a listing of eligible qualifying
businesses and the number of tax credit certificates and the
amount of tax credits issued by the authority.
Sec. 119. Section 15E.52, subsection 4, Code 2015, is
amended to read as follows:
4. A taxpayer shall not claim a tax credit under this
section if the taxpayer is a venture capital investment fund
allocation manager for the Iowa fund of funds created in
section 15E.65 or an investor that receives a tax credit for
the same investment in a qualifying business as described in
section 15E.44 or in a community=based seed capital fund as
described in section 15E.45, Code 2015.
Sec. 120. Section 422.11F, subsection 1, Code 2015, is
amended to read as follows:
1. The taxes imposed under this division, less the credits
allowed under section 422.12, shall be reduced by an investment
tax credit authorized pursuant to section 15E.43 for an
investment in a qualifying business or a community=based seed
capital fund.
Sec. 121. Section 422.33, subsection 12, paragraph a, Code
2015, is amended to read as follows:
a. The taxes imposed under this division shall be reduced by
an investment tax credit authorized pursuant to section 15E.43
for an investment in a qualifying business or a community=based
seed capital fund.
Sec. 122. Section 422.60, subsection 5, paragraph a, Code
2015, is amended to read as follows:
a. The taxes imposed under this division shall be reduced by
an investment tax credit authorized pursuant to section 15E.43
for an investment in a qualifying business or a community=based
seed capital fund.
Sec. 123. Section 432.12C, subsection 1, Code 2015, is
amended to read as follows:
1. The tax imposed under this chapter shall be reduced by
an investment tax credit authorized pursuant to section 15E.43
for an investment in a qualifying business or a community=based
seed capital fund.
Sec. 124. REPEAL. Section 15E.45, Code 2015, is repealed.
Sec. 125. TAX CREDIT CLAIMS. Tax credits for equity
investments in qualifying businesses made on or after the
effective date of this division of this Act shall not be issued
by the economic development authority prior to July 1, 2016,
and shall not be claimed by a taxpayer prior to September 1,
2016.
Sec. 126. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 127. APPLICABILITY. Unless otherwise provided in this
division of this Act, this division of this Act applies to
equity investments in a qualifying business made on or after
the effective date of this division of this Act, and equity
investments made in a qualifying business or community=based
seed capital fund prior to the effective date of this division
of this Act shall be governed by sections 15E.41 through
15E.46, 422.11F, 422.33, 422.60, 432.12C, and 533.329, Code
2015.
Sec. 128. APPLICABILITY. The sections of this division
of this Act amending section 15E.44, subsection 2, apply
to businesses that submit an application to the economic
development authority to be registered as a qualifying business
on or after the effective date of this division of this Act,
and businesses that submit an application to the economic
development authority to be registered as a qualifying business
before the effective date of this division of this Act shall be
governed by section 15E.44, subsection 2, Code 2015.
DIVISION XXI
WORKFORCE HOUSING TAX INCENTIVES PROGRAM
Sec. 129. Section 15.354, subsection 3, paragraph e, Code
2015, is amended to read as follows:
e. (1) Upon review of the examination and verification of
the amount of the qualifying new investment, the authority may
issue a tax credit certificate to the housing business stating
the amount of workforce housing investment tax credits under
section 15.355 the eligible housing business may claim.
(2) If upon review of the examination in subparagraph
(1) the authority determines that a housing project has
incurred project costs in excess of the amount submitted in the
application made pursuant to subsection 1, the authority shall
do one of the following:
(a) If the project costs do not cause the housing project's
average dwelling unit cost to exceed the applicable maximum
amount authorized in section 15.353, subsection 3, the
authority may consider the agreement fulfilled and may issue a
tax credit certificate.
(b) If the project costs cause the housing project's
average dwelling unit cost to exceed the applicable maximum
amount authorized in section 15.353, subsection 3, but does
not cause the average dwelling unit cost to exceed one hundred
ten percent of such applicable maximum amount, the authority
may consider the agreement fulfilled and may issue a tax
credit certificate. In such case, the authority shall reduce
the amount of tax incentives the eligible housing project
may claim under section 15.355, subsections 2 and 3, by the
same percentage that the housing project's average dwelling
unit cost exceeds the applicable maximum amount under section
15.353, subsection 3, and such tax incentive reduction shall
be reflected on the tax credit certificate. If the authority
issues a certificate pursuant to this subparagraph division,
the department of revenue shall accept the certificate
notwithstanding that the housing project's average dwelling
unit costs exceeds the maximum amount specified in section
15.353, subsection 3.
(c) If the project costs cause the housing project's average
dwelling unit cost to exceed one hundred ten percent of the
applicable maximum amount authorized in 15.353, subsection 3,
the authority shall determine the eligible housing business to
be in default under the agreement and shall not issue a tax
credit certificate.
Sec. 130. Section 15.355, subsection 2, Code 2015, is
amended to read as follows:
2. A housing business may claim a refund of the sales and
use taxes paid under chapter 423 that are directly related
to a housing project. The refund available pursuant to this
subsection shall be as provided in section 15.331A to the
extent applicable for purposes of this program, excluding
subsection 2, paragraph "c", of that section. For purposes of
the program, the term "project completion", as used in section
15.331A, shall mean the date on which the authority notifies
the department of revenue that all applicable requirements
of an agreement entered into pursuant to section 15.354 are
satisfied.
Sec. 131. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 132. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to May 30, 2014, for all agreements
entered into pursuant to Code section 15.354 on or after that
date.
DIVISION XXII
MISCELLANEOUS CHANGES TO ECONOMIC DEVELOPMENT AUTHORITY
PROGRAMS
Sec. 133. Section 15.293B, subsection 4, Code 2015, is
amended to read as follows:
4. A registered project shall be completed within thirty
months of the date the project was registered unless the
authority, upon recommendation of the council and approval of
the board, provides additional time to complete the project.
A project shall not be provided more than twelve months of
additional time. If the registered project is not completed
within the time required, the project is not eligible to claim
a tax credit provided in section 15.293A.
Sec. 134. SPECIAL PROJECT EXTENSION.
Notwithstanding any other provision of law to the contrary,
the economic development authority may extend the project
completion date for a project awarded tax incentives under both
the redevelopment tax credit program in sections 15.293A and
15.293B and the housing enterprise zone tax incentives program
in section 15E.193B, Code 2014, if the property that is the
subject of the project suffered a catastrophic fire during the
2014 calendar year.
Sec. 135. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 136. RETROACTIVE APPLICABILITY. The section of this
division of this Act amending Code section 15.293B applies
retroactively to qualifying redevelopment project agreements
entered into on or after July 1, 2010, for which a request for
a project extension is submitted to the economic development
authority on or after January 1, 2015.
DIVISION XXIII
HUMAN TRAFFICKING
Sec. 137. Section 702.11, subsection 1, Code 2015, is
amended to read as follows:
1. A "forcible felony" is any felonious child endangerment,
assault, murder, sexual abuse, kidnapping, robbery, human
trafficking, arson in the first degree, or burglary in the
first degree.
Sec. 138. NEW SECTION. 710A.6 Outreach, public awareness,
and training programs.
The crime victim assistance division of the department of
justice, in cooperation with other governmental agencies and
nongovernmental or community organizations, shall develop and
conduct outreach, public awareness, and training programs for
the general public, law enforcement agencies, first responders,
potential victims, and persons conducting or regularly dealing
with businesses or other ventures that have a high statistical
incidence of debt bondage or forced labor or services. The
programs shall train participants to recognize and report
incidents of human trafficking and to suppress the demand that
fosters exploitation of persons and leads to human trafficking.
Sec. 139. Section 915.94, Code 2015, is amended to read as
follows:
915.94 Victim compensation fund.
A victim compensation fund is established as a separate
fund in the state treasury. Moneys deposited in the fund
shall be administered by the department and dedicated to and
used for the purposes of section 915.41 and this subchapter.
In addition, the department may use moneys from the fund
for the purpose of the department's prosecutor=based victim
service coordination, including the duties defined in sections
910.3 and 910.6 and this chapter, and for the award of funds
to programs that provide services and support to victims of
domestic abuse or sexual assault as provided in chapter 236,
to victims under section 710A.2, and for the support of an
automated victim notification system established in section
915.10A. The For each fiscal year, the department may also
use up to one three hundred thousand dollars from the fund
to provide training for victim service providers, to provide
training for related professionals concerning victim service
programming, and to provide training concerning homicide,
domestic assault, sexual assault, stalking, harassment,
and human trafficking as required by section 710A.6.
Notwithstanding section 8.33, any balance in the fund on June
30 of any fiscal year shall not revert to the general fund of
the state.
Sec. 140. 2012 Iowa Acts, chapter 1138, section 7,
subsection 1, is amended to read as follows:
1. A mortgage servicing settlement fund is established,
separate and apart from all other public moneys or funds of
the state, under the control of the department of justice.
The department of justice shall deposit moneys received
by the department from the joint state=federal mortgage
servicing settlement into the fund. The department of
justice is authorized to make expenditures of moneys in the
fund consistent with the terms of the consent decree signed
in federal court on April 5, 2012. Any unencumbered or
unobligated moneys remaining in the fund on June 30, 2015,
shall be transferred to the general fund of the state human
trafficking enforcement fund as established by this 2015 Act.
Sec. 141. HUMAN TRAFFICKING ENFORCEMENT FUND. A human
trafficking enforcement fund is established, separate and apart
from all other public moneys or funds of the state, under
the control of the department of justice. The department
of justice shall deposit unencumbered or unobligated moneys
transferred from the mortgage servicing settlement fund
into the fund. Moneys in the fund are appropriated to the
department of justice for purposes of training local law
enforcement, members of the state patrol, county attorneys,
judicial officers, juvenile court officers, and public safety
answering point personnel about recognizing and reporting
incidents of human trafficking. Any moneys remaining in the
fund on June 30, 2020, shall be transferred to the general fund
of the state.
Sec. 142. EFFECTIVE UPON ENACTMENT. The following
provision of this division, being deemed of immediate
importance, takes effect upon enactment:
1. The section of this division of this Act amending 2012
Iowa Acts, chapter 1138, section 7, subsection 1.
Sec. 143. RETROACTIVE APPLICABILITY. The following
provision of this division, if approved by the governor on or
after July 1, 2015, applies retroactively to June 30, 2015:
1. The section of this division of this Act amending 2012
Iowa Acts, chapter 1138, section 7, subsection 1.
DIVISION XXIV
PUBLIC IMPROVEMENT LOCATION AND UNUSED PORTION OF CONDEMNED
PROPERTY
Sec. 144. Section 6B.2C, Code 2015, is amended to read as
follows:
6B.2C Approval of the public improvement.
The authority to condemn is not conferred, and the
condemnation proceedings shall not commence, unless the
governing body for the acquiring agency approves a preliminary
or final route or site location of the proposed public
improvement, approves the use of condemnation, and finds that
there is a reasonable expectation the applicant will be able
to achieve its public purpose, comply with all applicable
standards, and obtain the necessary permits.
Sec. 145. Section 6B.56, subsection 1, Code 2015, is amended
to read as follows:
1. If all or a portion of real property condemned pursuant
to this chapter is not used for the purpose stated in the
application filed pursuant to section 6B.3 and the acquiring
agency seeks to dispose of the unused real property, the
acquiring agency shall first offer the unused real property for
sale to the prior owner of the condemned property as provided
in this section. If real property condemned pursuant to this
chapter is used for the purpose stated in the application filed
pursuant to section 6B.3 and the acquiring agency seeks to
dispose of the real property by sale to a private person or
entity within five years after acquisition of the property, the
acquiring agency shall first offer the property for sale to
the prior owner of the condemned property as provided in this
section. For purposes of this section, the prior owner of the
real property includes the successor in interest of the real
property.
Sec. 146. Section 6B.56, subsection 2, paragraph a, Code
2015, is amended to read as follows:
a. Before the real property described in subsection 1
may be offered for sale to the general public, the acquiring
agency shall notify the prior owner of the such real property
condemned in writing of the acquiring agency's intent to
dispose of the real property, of the current appraised value
of the real property to be offered for sale, and of the prior
owner's right to purchase the real property to be offered for
sale within sixty days from the date the notice is served
at a price equal to the current appraised value of the real
property to be offered for sale or the fair market value of the
property to be offered for sale at the time it was acquired by
the acquiring agency from the prior owner plus cleanup costs
incurred by the acquiring agency for the property to be offered
for sale, whichever is less. However, the current appraised
value of the real property to be offered for sale shall be the
purchase price to be paid by the previous owner if any other
amount would result in a loss of federal funding for projects
funded in whole or in part with federal funds. The notice sent
by the acquiring agency as provided in this subsection shall
be filed with the office of the recorder in the county in which
the real property is located.
Sec. 147. Section 6B.56A, subsection 1, Code 2015, is
amended to read as follows:
1. When five years have elapsed since property was condemned
and all or a portion of the property has not been used for the
purpose stated in the application filed pursuant to section
6B.3, and the acquiring agency has not taken action to dispose
of the unused property pursuant to section 6B.56, the acquiring
agency shall, within sixty days, adopt a resolution reaffirming
the purpose for which the unused property will be used or
offering the unused property for sale to the prior owner at
a price as provided in section 6B.56. However, if all or a
portion of such property was condemned for the creation of a
lake subject to the requirements of section 6A.22, subsection
2, paragraph "c", subparagraph (1), subparagraph division (0b),
the acquiring agency shall not adopt a resolution reaffirming
the purpose for which the property was to be used and shall
instead adopt a resolution offering the property for sale
to the prior owner at a price as provided in section 6B.56.
If the resolution adopted approves an offer of sale to the
prior owner, the offer shall be made in writing and mailed by
certified mail to the prior owner. The prior owner has one
hundred eighty days after the offer is mailed to purchase the
property from the acquiring agency.
Sec. 148. EFFECTIVE DATE. This division of this Act takes
effect upon enactment.
Sec. 149. APPLICABILITY. The section of this division of
this Act amending section 6B.2C applies to public improvement
projects for which an application under section 6B.3 is filed
on or after the effective date of this division of this Act.
Sec. 150. APPLICABILITY. The sections of this division
of this Act amending sections 6B.56 and 6B.56A apply to the
disposition of condemned property occurring on or after the
effective date of this division of this Act.
DIVISION XXV
CONDEMNATION FOR CREATION OF A LAKE ==== NUMBER OF ACRES
Sec. 151. Section 6A.22, subsection 2, paragraph c,
subparagraph (1), subparagraph division (b), Code 2015, is
amended to read as follows:
(b) (i) For purposes of this subparagraph (1), "number of
acres justified as necessary for a surface drinking water source"
means according to guidelines of the United States natural
resource conservation service and according to analyses of
surface drinking water capacity needs conducted by one or more
registered professional engineers.
(ii) For condemnation proceedings for which the application
pursuant to section 6B.3 was filed after January 1, 2013, for
condemnation of property located in a county with a population
of greater than nine thousand two hundred fifty but less than
nine thousand three hundred, according to the 2010 federal
decennial census, which property sought to be condemned was in
whole or in part described in a petition filed under section
6A.24, subsection 2, after January 1, 2013, but before January
1, 2014, regardless of whether the petitioner was determined by
a court to not be a proper acquiring agency, "number of acres
justified as necessary for a surface drinking water source",
as determined under subparagraph subdivision (i) shall not
exceed the number of acres that would be necessary to provide
the amount of drinking water to meet the needs of a population
equal to the population of the county where the lake is to be
developed or created, according to the most recent federal
decennial census.
Sec. 152. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION XXVI
CONDEMNATION FOR CREATION OF A LAKE ==== EXISTING SOURCES
Sec. 153. Section 6A.22, subsection 2, paragraph c,
subparagraph (1), Code 2015, is amended by adding the following
new subparagraph division:
NEW SUBPARAGRAPH DIVISION. (0b) For condemnation of
property located in a county with a population of greater than
nine thousand two hundred fifty but less than nine thousand
three hundred, according to the 2010 federal decennial census,
prior to making a determination that development or creation
of a lake as a surface drinking water source is reasonable
and necessary, the acquiring agency shall conduct a review of
feasible alternatives to development or creation of a lake as
a surface drinking water source. An acquiring agency shall
not have the authority to condemn private property for the
development or creation of a lake as a surface drinking water
source if one or more feasible alternatives to provision of a
drinking water source exist. An alternative that results in
the physical expansion of an existing drinking water source
is presumed to be a feasible alternative to development or
creation of a lake as a surface drinking water source. An
alternative that supplies drinking water by pipeline or other
method of transportation or transmission from an existing
source located within or outside this state at a reasonable
cost is a feasible alternative to development or creation
of a lake as a surface drinking water source. If private
property is to be condemned for development or creation of a
lake, only that number of acres justified as necessary for a
surface drinking water source, and not otherwise acquired, may
be condemned. Development or creation of a lake as a surface
drinking water source includes all of the following:
(i) Construction of the dam, including sites for suitable
borrow material and the auxiliary spillway.
(ii) The water supply pool.
(iii) The sediment pool.
(iv) The flood control pool.
(v) The floodwater retarding pool.
(vi) The surrounding area upstream of the dam no higher in
elevation than the top of the dam's elevation.
(vii) The appropriate setback distance required by state or
federal laws and regulations to protect drinking water supply.
Sec. 154. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 155. APPLICABILITY. This division of this Act applies
to projects or condemnation proceedings pending or commenced on
or after the effective date of this division of this Act.
DIVISION XXVII
JUDICIAL OFFICER COMPENSATION FUND
Sec. 156. Section 602.1302, subsection 1, Code 2015, is
amended to read as follows:
1. Except as otherwise provided by sections 602.1303,
602.1304, 602.1515, and 602.8108 or other applicable law, the
expenses of operating and maintaining the judicial branch
shall be paid out of the general fund of the state from funds
appropriated by the general assembly for the judicial branch.
State funding shall be phased in as provided in section
602.11101.
Sec. 157. NEW SECTION. 602.1515 Judicial officer
compensation fund ==== established ==== future repeal.
1. A judicial officer compensation fund is created in
the state treasury under the control of the judicial branch
for the purpose of enhancing judicial officer compensation.
Notwithstanding section 602.8108, the state court administrator
shall allocate to the treasurer of state for deposit in the
judicial officer compensation fund the first two million
dollars of the moneys received under section 602.8108,
subsection 1, during the fiscal year beginning July 1, 2015,
and each fiscal year thereafter. Moneys in the fund shall
not be subject to appropriation for any other purpose by the
general assembly. The annual salary rate for a judicial
officer shall remain at the rate established by 2013 Iowa
Acts, chapter 140, section 40, until otherwise provided by the
general assembly.
2. Moneys in the fund are not subject to section 8.33.
Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the fund shall be credited to the fund.
3. This section is repealed on June 30, 2020.
DIVISION XXVIII
DISABLED VETERAN HOMESTEAD CREDIT ==== TRANSFER
Sec. 158. DISABLED VETERAN HOMESTEAD CREDIT ====
TRANSFER. Notwithstanding section 8B.33, subsection 1, and
in lieu of the general fund appropriation provided in section
425.1 to the extent such appropriation would otherwise fund the
payment of homestead credit claims under section 425.15 filed
after July 1, 2014, but before July 1, 2015, and considered
properly filed for taxes due and payable in the fiscal year
beginning July 1, 2015, pursuant to the section of House File
616, if enacted, amending 2015 Iowa Acts, House File 166, there
is transferred for the fiscal year beginning July 1, 2015,
from the IowAccess revolving fund created in section 8B.33 to
the homestead credit fund created in section 425.1 an amount
necessary to pay homestead credit claims filed after July 1,
2014, but before July 1, 2015, and considered properly filed
for taxes due and payable in the fiscal year beginning July 1,
2015, pursuant to the section of House File 616, if enacted,
amending 2015 Iowa Acts, House File 166.
Sec. 159. CONTINGENT EFFECTIVENESS. This division of this
Act takes effect only if the section of House File 616 amending
2015 Iowa Acts, House File 166, is enacted.
Sec. 160. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to March 5, 2015.
DIVISION XXIX
CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
PROVISIONS
Sec. 161. EFFECTIVE UPON ENACTMENT. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, takes effect upon enactment.
Sec. 162. RETROACTIVE APPLICABILITY. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, applies retroactively to July 1, 2015.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 510, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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