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Senate File 2438

Partial Bill History

Bill Introduced: S.J. 642
Committee Report Issued: S.J. 644 H.J. 892
Passed House: H.J. 1326
Passed Senate: S.J. 762 S.J. 1251
Signed by Governor: S.J. 1446
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 4.1, subsections 15 and 39, Code
  1  2 Supplement 1995, are amended to read as follows:
  1  3    15.  MENTALLY ILL PERSONS WITH MENTAL ILLNESS.  The words
  1  4 "mentally ill person" "persons with mental illness" include
  1  5 mental retardates, psychotic persons with psychosis, severely
  1  6 depressed persons who are severely depressed, and persons of
  1  7 unsound mind with any type of mental disease or mental
  1  8 disorder, except that mental illness does not refer to mental
  1  9 retardation as defined in section 222.2, or to insanity,
  1 10 diminished responsibility, or mental incompetency as defined
  1 11 and used in the Iowa criminal code or in the rules of criminal
  1 12 procedure, Iowa court rules, 3d ed.  A person who is
  1 13 hospitalized or detained for treatment of mental illness shall
  1 14 not be deemed or presumed to be incompetent in the absence of
  1 15 a finding of incompetence made pursuant to section 229.27.
  1 16    39.  WRITTEN – IN WRITING – SIGNATURE.  The words
  1 17 "written" and "in writing" may include any mode of
  1 18 representing words or letters in general use. A signature,
  1 19 when required by law, must be made by the writing or markings
  1 20 of the person whose signature is required. If a person is
  1 21 unable due to a physical handicap disability to make a written
  1 22 signature or mark, that person may substitute either of the
  1 23 following in lieu of a signature required by law:
  1 24    a.  The handicapped person's name of the person with a
  1 25 disability written by another upon the request and in the
  1 26 presence of the handicapped person; or, with a disability.
  1 27    b.  A rubber stamp reproduction of the handicapped person's
  1 28 name or facsimile of the actual signature when adopted by the
  1 29 handicapped person with a disability for all purposes
  1 30 requiring a signature and then only when affixed by that
  1 31 person or another upon request and in the handicapped person's
  1 32 presence of the person with a disability.
  1 33    Sec. 2.  Section 7.14, subsection 3, Code 1995, is amended
  1 34 to read as follows:
  1 35    3.  Whenever a governor who is unable to discharge the
  2  1 duties of the office believes the disability to be removed,
  2  2 the governor may call a conference consisting of the three
  2  3 persons referred to as members of such a conference in
  2  4 subsection 1.  The three members of the conference shall
  2  5 within ten days examine the disabled governor.  Within seven
  2  6 days after the examination they shall conduct a secret ballot
  2  7 and by unanimous vote may find the disability removed.
  2  8    Sec. 3.  Section 15.225, subsection 1, paragraph b, Code
  2  9 1995, is amended to read as follows:
  2 10    b.  A public service employment program for disadvantaged
  2 11 and handicapped youth and youth with disabilities attending
  2 12 school to be known as the "in-school program".
  2 13    Sec. 4.  Section 15.286, subsection 4, paragraph b,
  2 14 subparagraph (3), Code 1995, is amended to read as follows:
  2 15    (3)  Programs to assist persons of lower income, the
  2 16 persons who are disadvantaged, or the disabled persons with
  2 17 disabilities.
  2 18    Sec. 5.  Section 16.1, subsections 7 and 14, Code 1995, are
  2 19 amended by striking the subsections.
  2 20    Sec. 6.  Section 16.1, subsections 13 and 24, Code 1995,
  2 21 are amended to read as follows:
  2 22    13. a.  "Families" includes but is not limited to families
  2 23 consisting of a single adult person who is primarily
  2 24 responsible for the person's own support, is at least sixty-
  2 25 two years of age, is disabled, is handicapped a person with a
  2 26 disability, is displaced, or is the remaining member of a
  2 27 tenant family.
  2 28    b.  "Families" includes but is not limited to two or more
  2 29 persons living together who are at least sixty-two years of
  2 30 age, are disabled, or are handicapped persons with
  2 31 disabilities, or one or more such individuals living with
  2 32 another person who is essential to such individual's care or
  2 33 well-being.
  2 34    24.  "Low or moderate income families" means families who
  2 35 cannot afford to pay enough to cause private enterprise in
  3  1 their locality to build an adequate supply of decent, safe,
  3  2 and sanitary dwellings for their use, and also includes, but
  3  3 is not limited to, (1) elderly families, families in which one
  3  4 or more persons are handicapped or disabled persons with
  3  5 disabilities, lower income families and very low income
  3  6 families, and (2) families purchasing or renting qualified
  3  7 residential housing.
  3  8    Sec. 7.  Section 16.1, Code 1995, is amended by adding the
  3  9 following new subsection:
  3 10    NEW SUBSECTION.  29A.  "Person with a disability" means a
  3 11 person who is unable to engage in any substantial gainful
  3 12 activity by reason of a medically determinable physical or
  3 13 mental impairment, or a person having a physical or mental
  3 14 impairment which is expected to be of long-continued and
  3 15 indefinite duration, substantially impedes the ability to live
  3 16 independently, and is of a nature that the ability to live
  3 17 independently could be improved by more suitable housing
  3 18 conditions.
  3 19    Sec. 8.  Section 16.1, subsection 32, paragraph c, Code
  3 20 1995, is amended to read as follows:
  3 21    c.  Housing for low or moderate income families, elderly
  3 22 families, and families which include one or more persons who
  3 23 are handicapped or disabled with disabilities.
  3 24    Sec. 9.  Section 16.2, subsection 1, unnumbered paragraph
  3 25 1, Code 1995, is amended to read as follows:
  3 26    The Iowa finance authority is established, and constituted
  3 27 a public instrumentality and agency of the state exercising
  3 28 public and essential governmental functions, to undertake
  3 29 programs which assist in attainment of adequate housing for
  3 30 low or moderate income families, elderly families, and
  3 31 families which include one or more persons who are handicapped
  3 32 or disabled with disabilities, and to undertake the Iowa
  3 33 homesteading program, the small business loan program, the
  3 34 export business finance program, and other finance programs.
  3 35 The powers of the authority are vested in and shall be
  4  1 exercised by a board of nine members appointed by the governor
  4  2 subject to confirmation by the senate.  No more than five
  4  3 members shall belong to the same political party.  As far as
  4  4 possible the governor shall include within the membership
  4  5 persons who represent community and housing development
  4  6 industries, housing finance industries, the real estate sales
  4  7 industry, elderly families, minorities, lower income families,
  4  8 very low income families, handicapped and disabled families
  4  9 which include persons with disabilities, average taxpayers,
  4 10 local government, business and international trade interests,
  4 11 and any other person specially interested in community
  4 12 housing, finance, small business, or export business
  4 13 development.
  4 14    Sec. 10.  Section 16.3, subsection 13, Code 1995, is
  4 15 amended to read as follows:
  4 16    13.  There is a need in areas of the state for new
  4 17 construction of certain group homes of fifteen beds or less
  4 18 licensed as health care facilities or child foster care
  4 19 facilities to provide adequate housing and care for elderly
  4 20 and handicapped Iowans and Iowans with disabilities, and to
  4 21 provide adequate housing and foster care for children.
  4 22    Sec. 11.  Section 16.100, subsection 2, paragraph b, Code
  4 23 1995, is amended to read as follows:
  4 24    b.  A home maintenance and repair program providing repair
  4 25 services to elderly, handicapped, or disabled families which
  4 26 include persons who are elderly or persons with disabilities
  4 27 and which qualify as lower income or very low income families.
  4 28    Sec. 12.  Section 19B.2, unnumbered paragraph 2, Code 1995,
  4 29 is amended to read as follows:
  4 30    It is the policy of this state to permit special
  4 31 appointments by bypassing the usual testing procedures for any
  4 32 applicant for whom the division of vocational rehabilitation
  4 33 services of the department of education or the department for
  4 34 the blind has certified the applicant's disability and
  4 35 competence to perform the job.  The department of personnel,
  5  1 in cooperation with the department for the blind and the
  5  2 division of vocational rehabilitation services, shall develop
  5  3 appropriate certification procedures.  This paragraph should
  5  4 not be interpreted to bar promotional opportunities for blind
  5  5 and physically or mentally disabled persons who are blind or
  5  6 persons with physical or mental disabilities.  If this
  5  7 paragraph conflicts with any other provisions of this chapter,
  5  8 the provisions of this paragraph govern.
  5  9    Sec. 13.  Section 34.2, subsection 4, unnumbered paragraph
  5 10 1, Code 1995, is amended to read as follows:
  5 11    A 911 system shall be capable of transmitting requests for
  5 12 law enforcement, fire fighting, and emergency medical and
  5 13 ambulance services to a public safety agency or agencies that
  5 14 provide the requested service at the place where the call
  5 15 originates.  A 911 system may also provide for transmitting
  5 16 requests for emergency management, poison control, suicide
  5 17 prevention, and other emergency services.  The public safety
  5 18 answering point shall be capable of receiving calls from deaf
  5 19 and hard-of-hearing persons through a telecommunications
  5 20 device for the deaf.  Conferencing capability with counseling,
  5 21 aid to handicapped persons with disabilities, and other
  5 22 services as deemed necessary for identifying appropriate
  5 23 emergency response services may be provided by the 911
  5 24 service.
  5 25    Sec. 14.  Section 48A.2, subsection 3, Code 1995, is
  5 26 amended to read as follows:
  5 27    3.  "Mentally incompetent person" "Person who is mentally
  5 28 incompetent" means a person who has been legally determined to
  5 29 be severely or profoundly mentally retarded, or has been found
  5 30 incompetent in a proceeding held pursuant to section 229.27.
  5 31    Sec. 15.  Section 49.21, unnumbered paragraph 4, Code 1995,
  5 32 is amended to read as follows:
  5 33    In the selection of polling places, preference shall also
  5 34 be given to the use of buildings accessible to elderly and
  5 35 physically disabled persons who are elderly and persons with
  6  1 disabilities.
  6  2    Sec. 16.  Section 49.90, Code 1995, is amended to read as
  6  3 follows:
  6  4    49.90  ASSISTING VOTER.
  6  5    Any voter who may declare upon oath that the voter is
  6  6 blind, cannot read the English language, or is, by reason of
  6  7 any physical disability other than intoxication, unable to
  6  8 cast a vote without assistance, shall, upon request, be
  6  9 assisted by said the two officers as provided in section
  6 10 49.89, or alternatively by any other person the voter may
  6 11 select in casting the vote.  Said The officers, or the person
  6 12 selected by the voter, shall cast the vote of the voter
  6 13 requiring assistance, and shall thereafter give no information
  6 14 regarding the vote cast.  If any elector because of a handicap
  6 15 disability cannot enter the building where the polling place
  6 16 for the elector's precinct of residence is located, the two
  6 17 officers shall take a paper ballot to the vehicle occupied by
  6 18 the handicapped elector with a disability and allow the
  6 19 elector to cast the ballot in the vehicle.  If a handicapped
  6 20 an elector with a disability cannot cast a ballot on a voting
  6 21 machine the elector shall be allowed to cast a paper ballot,
  6 22 which shall be opened immediately after the closing of the
  6 23 polling place by the two precinct election officials
  6 24 designated under section 49.89, who shall register the votes
  6 25 cast thereon on a voting machine in the polling place before
  6 26 the votes cast there are tallied pursuant to section 52.21.
  6 27 To preserve so far as possible the confidentiality of each
  6 28 handicapped elector's ballot of an elector with a disability,
  6 29 the two officers shall proceed substantially in the same
  6 30 manner as provided in section 53.24.  In precincts where all
  6 31 voters use paper ballots, those cast by handicapped voters
  6 32 with disabilities shall be deposited in the regular ballot box
  6 33 and counted in the usual manner.
  6 34    Sec. 17.  Section 70A.20, unnumbered paragraph 1, Code
  6 35 Supplement 1995, is amended to read as follows:
  7  1    A state employees disability insurance program is created,
  7  2 which shall be administered by the director of the department
  7  3 of personnel and which shall provide disability benefits in an
  7  4 amount and for the employees as provided in this section.  The
  7  5 monthly disability benefits shall provide twenty percent of
  7  6 monthly earnings if employed less than one year, forty percent
  7  7 of monthly earnings if employed one year or more but less than
  7  8 two years, and sixty percent of monthly earnings thereafter,
  7  9 reduced by primary and family social security determined at
  7 10 the time social security disability payments commence,
  7 11 railroad retirement disability income, workers' compensation
  7 12 if applicable, and any other state-sponsored sickness or
  7 13 disability benefits payable.  However, the amount of benefits
  7 14 payable under the Iowa public employees' retirement system
  7 15 pursuant to chapter 97B shall not reduce the benefits payable
  7 16 pursuant to this section.  Subsequent social security or
  7 17 railroad retirement increases shall not be used to further
  7 18 reduce the insurance benefits payable.  As used in this
  7 19 section, "primary and family social security" shall not
  7 20 include social security benefits awarded to a disabled an
  7 21 adult child with a disability of the disabled state employee
  7 22 with a disability who does not reside with the disabled state
  7 23 employee with a disability if the social security benefits
  7 24 were awarded to the disabled adult child with a disability
  7 25 prior to the approval of the state employee's benefits under
  7 26 this section, regardless of whether the United States social
  7 27 security administration records the benefits to the social
  7 28 security number of the disabled adult child with a disability,
  7 29 the disabled state employee with a disability, or any other
  7 30 family member, and such social security benefits shall not
  7 31 reduce the benefits payable pursuant to this section.  As used
  7 32 in this section, unless the context otherwise requires,
  7 33 "adult" means a person who is eighteen years of age or older.
  7 34 State employees shall receive credit for the time they were
  7 35 continuously employed prior to and on July 1, 1974.  The
  8  1 following provisions apply to the employees disability
  8  2 insurance program:
  8  3    Sec. 18.  Section 85.38, subsection 2, Code 1995, is
  8  4 amended to read as follows:
  8  5    2.  CREDIT FOR BENEFITS PAID UNDER GROUP PLANS.  In the
  8  6 event the disabled employee with a disability shall receive
  8  7 any benefits, including medical, surgical or hospital
  8  8 benefits, under any group plan covering nonoccupational
  8  9 disabilities contributed to wholly or partially by the
  8 10 employer, which benefits should not have been paid or payable
  8 11 if any rights of recovery existed under this chapter, chapter
  8 12 85A or chapter 85B, then such the amounts so paid to said the
  8 13 employee from any such the group plan shall be credited to or
  8 14 against any compensation payments, including medical, surgical
  8 15 or hospital, made or to be made under this chapter, chapter
  8 16 85A or chapter 85B.  Such The amounts so credited shall be
  8 17 deducted from the payments made under these chapters.  Any
  8 18 nonoccupational plan shall be reimbursed in the amount so
  8 19 deducted.  This section shall not apply to payments made under
  8 20 any group plan which would have been payable even though there
  8 21 was an injury under this chapter or an occupational disease
  8 22 under chapter 85A or an occupational hearing loss under
  8 23 chapter 85B.  Any employer receiving such credit shall keep
  8 24 such the employee safe and harmless from any and all claims or
  8 25 liabilities that may be made against them by reason of having
  8 26 received such the payments only to the extent of such the
  8 27 credit.
  8 28    Sec. 19.  Section 85.45, subsection 4, Code 1995, is
  8 29 amended to read as follows:
  8 30    4.  When a person seeking a commutation is a surviving
  8 31 spouse, a permanently and totally disabled an employee with a
  8 32 permanent and total disability, or a dependent who is entitled
  8 33 to benefits as provided in section 85.31, subsection 1,
  8 34 paragraphs "c" and "d", the future payments which may be
  8 35 commuted shall not exceed the number of weeks which shall be
  9  1 indicated by probability tables designated by the industrial
  9  2 commissioner for death and remarriage, subject to the
  9  3 provisions of chapter 17A.
  9  4    Sec. 20.  Section 85.49, Code 1995, is amended to read as
  9  5 follows:
  9  6    85.49  TRUSTEES FOR INCOMPETENT MINORS AND DEPENDENTS.
  9  7    When a minor or mentally incompetent a dependent who is
  9  8 mentally incompetent is entitled to weekly benefits under this
  9  9 chapter, or chapter 85A or 85B, payment shall be made to the
  9 10 parent, guardian, or conservator, who shall act as trustee,
  9 11 and the money coming into the trustee's hands shall be
  9 12 expended for the use and benefit of the person entitled to it
  9 13 under the direction and orders of a district judge.  The
  9 14 trustee shall qualify and give bond in an amount as the
  9 15 district judge directs, which may be increased or diminished
  9 16 from time to time.
  9 17    If the domicile or residence of such the minor or mentally
  9 18 incompetent dependent be who is mentally incompetent is
  9 19 outside the state of Iowa the industrial commissioner may
  9 20 order and direct that benefits to such the minors or
  9 21 incompetents dependents be paid to a guardian, conservator, or
  9 22 legal representative duly qualified under the laws of the
  9 23 jurisdiction wherein the minors or incompetents dependents
  9 24 shall be domiciled or reside. Proof of the identity and
  9 25 qualification of such the guardian, conservator, or other
  9 26 legal representative shall be furnished to the industrial
  9 27 commissioner.
  9 28    Sec. 21.  Section 85.68, Code 1995, is amended to read as
  9 29 follows:
  9 30    85.68  ACTIONS.
  9 31    The treasurer of state, on behalf of the second injury fund
  9 32 created under this division, shall have a cause of action
  9 33 under section 85.22 to the same extent as an employer against
  9 34 any person not in the same employment by reason of whose
  9 35 negligence or wrong the subsequent injury of the previously
 10  1 disabled person with the previous disability was caused.  The
 10  2 action shall be brought by the treasurer of state on behalf of
 10  3 the fund, and any recovery, less the necessary and reasonable
 10  4 expenses incurred by the treasurer of state, shall be paid to
 10  5 the treasurer of state and credited to the fund.
 10  6    Sec. 22.  Section 85.69, Code 1995, is amended to read as
 10  7 follows:
 10  8    85.69  FEDERAL CONTRIBUTIONS.
 10  9    The treasurer of state is hereby authorized to receive and
 10 10 credit to said the second injury fund any sum or sums that may
 10 11 at any time be contributed to the state by the United States
 10 12 or any agency thereof, under any Act of Congress or otherwise,
 10 13 to which the state may be or become entitled by reason of any
 10 14 payments made to any previously disabled person with a
 10 15 previous disability out of said the fund.
 10 16    Sec. 23.  Section 135.11, subsection 19, Code 1995, is
 10 17 amended to read as follows:
 10 18    19.  Administer the statewide maternal and child health
 10 19 program and the crippled children's program for children with
 10 20 disabilities by conducting mobile and regional child health
 10 21 specialty clinics and conducting other activities to improve
 10 22 the health of low-income women and children and to promote the
 10 23 welfare of children with actual or potential handicapping
 10 24 conditions which may cause disabilities and children with
 10 25 chronic illnesses in accordance with the requirements of Title
 10 26 V of the federal Social Security Act.  The department shall
 10 27 provide technical assistance to encourage the coordination and
 10 28 collaboration of state agencies in developing outreach centers
 10 29 which provide publicly supported services for pregnant women,
 10 30 infants, and children.  The department shall also, through
 10 31 cooperation and collaborative agreements with the department
 10 32 of human services and the mobile and regional child health
 10 33 specialty clinics, establish common intake proceedings for
 10 34 maternal and child health services.  The department shall work
 10 35 in cooperation with the legislative fiscal bureau in
 11  1 monitoring the effectiveness of the maternal and child health
 11  2 centers, including the provision of transportation for patient
 11  3 appointments and the keeping of scheduled appointments.
 11  4    Sec. 24.  Section 135C.1, subsections 6, 8, and 9, Code
 11  5 1995, are amended to read as follows:
 11  6    6.  "Health care facility" or "facility" means a
 11  7 residential care facility, a nursing facility, an intermediate
 11  8 care facility for the mentally ill persons with mental
 11  9 illness, or an intermediate care facility for the mentally
 11 10 retarded persons with mental retardation.
 11 11    8.  "Intermediate care facility for the mentally ill
 11 12 persons with mental illness" means an institution, place,
 11 13 building, or agency designed to provide accommodation, board,
 11 14 and nursing care for a period exceeding twenty-four
 11 15 consecutive hours to three or more individuals, who primarily
 11 16 have mental illness and who are not related to the
 11 17 administrator or owner within the third degree of
 11 18 consanguinity.
 11 19    9.  "Intermediate care facility for the mentally retarded
 11 20 persons with mental retardation" means an institution or
 11 21 distinct part of an institution with a primary purpose to
 11 22 provide health or rehabilitative services to three or more
 11 23 individuals, who primarily have mental retardation or a
 11 24 related condition and who are not related to the administrator
 11 25 or owner within the third degree of consanguinity, and which
 11 26 meets the requirements of this chapter and federal standards
 11 27 for intermediate care facilities for the mentally retarded
 11 28 persons with mental retardation established pursuant to the
 11 29 federal Social Security Act, } 1905(c)(d), as codified in 42
 11 30 U.S.C. } 1936d which are contained in 42 C.F.R. pt. 483,
 11 31 subpt.  D, } 410-480.
 11 32    Sec. 25.  Section 135C.2, subsection 3, paragraph b, Code
 11 33 Supplement 1995, is amended to read as follows:
 11 34    b.  The department may also establish by administrative
 11 35 rule special classifications within the residential care
 12  1 facility, intermediate care facility for the mentally ill
 12  2 persons with mental illness, intermediate care facility for
 12  3 the mentally retarded persons with mental retardation, or
 12  4 nursing facility categories, for facilities intended to serve
 12  5 individuals who have special health care problems or
 12  6 conditions in common.  Rules establishing a special
 12  7 classification shall define the problem or condition to which
 12  8 the special classification is relevant and establish
 12  9 requirements for an approved program of care commensurate with
 12 10 the problem or condition.  The rules may grant special
 12 11 variances or considerations to facilities licensed within the
 12 12 special classification.
 12 13    Sec. 26.  Section 135C.2, subsection 5, paragraph g, Code
 12 14 Supplement 1995, is amended to read as follows:
 12 15    g.  The facilities licensed under this subsection shall be
 12 16 eligible for funding utilized by other licensed residential
 12 17 care facilities for the mentally retarded persons with mental
 12 18 retardation, or licensed residential care facilities for the
 12 19 mentally ill persons with mental illness, including but not
 12 20 limited to funding under or from the federal social services
 12 21 block grant, the state supplementary assistance program, state
 12 22 mental health and developmental disabilities services funds,
 12 23 and county funding provisions.
 12 24    Sec. 27.  Section 216.6, subsection 1, paragraph c,
 12 25 unnumbered paragraph 2, Code 1995, is amended to read as
 12 26 follows:
 12 27    An employer, employment agency, or their employees,
 12 28 servants or agents may offer employment or advertise for
 12 29 employment to only the disabled persons with disabilities,
 12 30 when other applicants have available to them, other employment
 12 31 compatible with their ability which would not be available to
 12 32 the disabled persons with disabilities because of their
 12 33 handicap disabilities.  Any such employment or offer of
 12 34 employment shall not discriminate among the disabled persons
 12 35 with disabilities on the basis of race, color, creed, sex or
 13  1 national origin.
 13  2    Sec. 28.  Section 216.8A, subsection 3, paragraph d, Code
 13  3 1995, is amended to read as follows:
 13  4    d.  Compliance with the appropriate requirements of the
 13  5 American national standard for buildings and facilities pro-
 13  6 viding accessibility and usability for physically handicapped
 13  7 people persons with disabilities, commonly cited as "ANSI A
 13  8 117.1", satisfies the requirements of paragraph "c",
 13  9 subparagraph (3), subparagraph subdivision (c).
 13 10    Sec. 29.  Section 216.14, Code 1995, is amended to read as
 13 11 follows:
 13 12    216.14  PROMOTION OR TRANSFER.
 13 13    After a handicapped individual person with a disability is
 13 14 employed, the employer shall not be required under this
 13 15 chapter to promote or transfer such handicapped the person to
 13 16 another job or occupation, unless, prior to such the transfer,
 13 17 such handicapped the person with the disability, by training
 13 18 or experience, is qualified for such the job or occupation.
 13 19 Any collective bargaining agreement between an employer and
 13 20 labor organization shall contain this section as part of such
 13 21 the agreement.
 13 22    Sec. 30.  Section 216B.3, subsection 9, Code Supplement
 13 23 1995, is amended to read as follows:
 13 24    9.  Provide library services to blind and physically
 13 25 handicapped persons who are blind and persons with physical
 13 26 disabilities.
 13 27    Sec. 31.  Section 216B.4, unnumbered paragraph 1, Code
 13 28 1995, is amended to read as follows:
 13 29    The administrator may accept financial aid from the
 13 30 government of the United States for carrying out
 13 31 rehabilitation and physical restoration of the blind and for
 13 32 providing library services to the blind and physically
 13 33 handicapped persons who are blind and persons with physical
 13 34 disabilities.
 13 35    Sec. 32.  Section 216C.1, Code 1995, is amended to read as
 14  1 follows:
 14  2    216C.1  PARTICIPATION BY PERSONS WITH DISABILITIES.
 14  3    It is the policy of this state to encourage and enable the
 14  4 persons who are blind, the or partially blind and the
 14  5 physically disabled persons with physical disabilities to
 14  6 participate fully in the social and economic life of the state
 14  7 and to engage in remunerative employment.
 14  8    To encourage participation by the disabled persons with
 14  9 disabilities, it is the policy of this state to ensure
 14 10 compliance with federal requirements concerning persons with
 14 11 disabilities.
 14 12    Sec. 33.  Section 216C.2, Code 1995, is amended to read as
 14 13 follows:
 14 14    216C.2  PUBLIC EMPLOYMENT.
 14 15    The Persons who are blind, the or partially blind and the
 14 16 physically disabled persons with physical disabilities shall
 14 17 be employed in the state service, the service of the political
 14 18 subdivisions of the state, the public schools, and all other
 14 19 employment supported in whole or in part by public funds, on
 14 20 the same terms and conditions as the able bodied other
 14 21 persons, unless it is shown that the particular disability
 14 22 prevents the performance of the work required.
 14 23    Sec. 34.  Section 216C.3, Code 1995, is amended to read as
 14 24 follows:
 14 25    216C.3  FREE USE OF PUBLIC FACILITIES.
 14 26    The Persons who are blind, the or partially blind and the
 14 27 physically disabled persons with physical disabilities have
 14 28 the same right as the able bodied other persons to the full
 14 29 and free use of the streets, highways, sidewalks, walkways,
 14 30 public buildings, public elevators, public facilities and
 14 31 other public places.
 14 32    Sec. 35.  Section 216C.4, Code 1995, is amended to read as
 14 33 follows:
 14 34    216C.4  ACCOMMODATIONS.
 14 35    The Persons who are blind, the or partially blind and the
 15  1 physically disabled persons with physical disabilities are
 15  2 entitled to full and equal accommodations, facilities, and
 15  3 privileges of all common carriers, airplanes, motor vehicles,
 15  4 railroad trains, motorbuses, streetcars, boats, other public
 15  5 conveyances or modes of transportation, hotels, lodging
 15  6 places, eating places, places of public accommodation,
 15  7 amusement, or resort, and other places to which the general
 15  8 public is invited, subject only to the conditions and
 15  9 limitations established by law and applicable alike to all
 15 10 persons.
 15 11    Sec. 36.  Section 216C.8, Code 1995, is amended to read as
 15 12 follows:
 15 13    216C.8  WHITE CANE SAFETY DAY.
 15 14    The governor shall annually take suitable public notice of
 15 15 October 15 as white cane safety day.  The governor shall issue
 15 16 a proclamation commenting upon the significance of the white
 15 17 cane; calling upon the citizens to observe the provisions of
 15 18 this chapter and sections 321.332 and 321.333 and to take
 15 19 precautions necessary for the safety of the disabled persons
 15 20 with disabilities; reminding the citizens of the policies
 15 21 herein declared and urging the citizens to co-operate
 15 22 cooperate in giving effect to them; and emphasizing the need
 15 23 of the citizens to be aware of the presence of disabled
 15 24 persons with disabilities in the community and to offer
 15 25 assistance to disabled persons with disabilities upon
 15 26 appropriate occasions.
 15 27    Sec. 37.  Section 216C.9, subsection 1, Code 1995, is
 15 28 amended to read as follows:
 15 29    1.  Curbs constructed along any public street in this
 15 30 state, when the street is paralleled or intersected by
 15 31 sidewalks, or when city ordinances or other lawful regulations
 15 32 will require the construction of sidewalks parallel to or
 15 33 intersecting the street, shall be constructed with not less
 15 34 than two curb cuts or ramps per lineal block which shall be
 15 35 located on or near the crosswalks at intersections.  Each curb
 16  1 cut or ramp shall be at least thirty inches wide, shall be
 16  2 sloped at not greater than one inch of rise per twelve inches
 16  3 lineal distance, except that a slope no greater than one inch
 16  4 of rise per eight inches lineal distance may be used where
 16  5 necessary, shall have a nonskid surface, and shall otherwise
 16  6 be so constructed as to allow reasonable access to the
 16  7 crosswalk for physically handicapped persons with physical
 16  8 disabilities using the sidewalk.
 16  9    Sec. 38.  Section 217.1, Code 1995, is amended to read as
 16 10 follows:
 16 11    217.1  PROGRAMS OF DEPARTMENT.
 16 12    There is established a department of human services to
 16 13 administer programs designed to improve the well-being and
 16 14 productivity of the people of the state of Iowa.  The
 16 15 department shall concern itself with the problems of human
 16 16 behavior, adjustment, and daily living through the
 16 17 administration of programs of family, child, and adult
 16 18 welfare, economic assistance including costs of medical care,
 16 19 rehabilitation toward self-care and support, delinquency
 16 20 prevention and control, treatment and rehabilitation of
 16 21 juvenile offenders, care and treatment of the mentally ill and
 16 22 mentally retarded persons with mental illness or mental
 16 23 retardation, and other related programs as provided by law.
 16 24    Sec. 39.  Section 218.95, Code 1995, is amended to read as
 16 25 follows:
 16 26    218.95  SYNONYMOUS TERMS.
 16 27    For purposes of construing the provisions of this and the
 16 28 following subtitles of this title and chapters 16, 35B, 347B,
 16 29 709A, 904, 913, and 914 relating to the mentally ill persons
 16 30 with mental illness and reconciling same these provisions with
 16 31 other former and present provisions of statute, the following
 16 32 terms shall be considered synonymous:
 16 33    1.  "Mentally ill" and "insane", except that the
 16 34 hospitalization or detention of any person for treatment of
 16 35 mental illness shall not constitute a finding or create a
 17  1 presumption that the individual is legally insane in the
 17  2 absence of a finding of incompetence made pursuant to section
 17  3 229.27;
 17  4    2.  "Mental defectives" and "mentally retarded";
 17  5    3.  "Feeble-minded" and "mentally retarded";
 17  6    4.  "Defectiveness" and "retardation";
 17  7    5. 2.  "Parole" and "convalescent leave";.
 17  8    6. 3.  "Resident" and "patient";.
 17  9    7. 4.  "Escape" and "depart without proper authorization";.
 17 10    8. 5.  "Warrant" and "order of admission";.
 17 11    9. 6.  "Escapee" and "patient";.
 17 12    10. 7.  "Sane" and "in good mental health";.
 17 13    11.  "Commissioners of insanity" and "commissioners of
 17 14 hospitalization";
 17 15    12.  "Idiot" and "mental retardate";
 17 16    13.  "Recapture" and "take into protective custody";
 17 17    14. 8.  "Asylum" and "hospital";.
 17 18    15. 9.  "Commitment" and "admission".
 17 19    It is hereby declared to be the policy of the general
 17 20 assembly that words which have come to have a degrading
 17 21 meaning shall not be employed in institutional records having
 17 22 reference to the mentally afflicted persons with various
 17 23 mental conditions and that in all such records pertaining to
 17 24 persons with various mental conditions the less discriminatory
 17 25 of the foregoing synonyms shall be employed.
 17 26    Sec. 40.  Section 220A.1, Code 1995, is amended to read as
 17 27 follows:
 17 28    220A.1  PURPOSE.
 17 29    The purpose of this chapter is to permit information
 17 30 concerning persons who are believed to be mentally handicapped
 17 31 have mental disabilities to be efficiently used by and
 17 32 exchanged among the state and local governments, their
 17 33 departments and agencies, and with other public or private
 17 34 agencies, where the use or exchange of the information is for
 17 35 the purpose of assisting any of the agencies in providing
 18  1 care, evaluation, services, assistance, education, or
 18  2 habilitation to such persons.
 18  3    Sec. 41.  Section 220A.4, Code 1995, is amended to read as
 18  4 follows:
 18  5    220A.4  AGENCIES INVOLVED.
 18  6    The service shall receive from and make available to the
 18  7 following state agencies case information on persons who are
 18  8 believed to be mentally handicapped have mental disabilities:
 18  9 The the Iowa department of public health, the department of
 18 10 education, the state board of regents, and the department of
 18 11 human services.
 18 12    Sec. 42.  Section 220A.6, Code 1995, is amended to read as
 18 13 follows:
 18 14    220A.6  INFORMATION TO OTHERS.
 18 15    The state agencies designated in section 220A.4 may receive
 18 16 from and disseminate to other public agencies or private
 18 17 agencies such information as is necessary or proper for the
 18 18 purpose of providing evaluation services, treatment services,
 18 19 education, support or habilitation services to the mentally
 18 20 handicapped person with a mental disability.  The enumerated
 18 21 state agencies or their designated staff shall be authorized
 18 22 to make determination of the proper receipt or dissemination
 18 23 of information to other public or private agencies.
 18 24    Sec. 43.  Section 220A.7, Code 1995, is amended to read as
 18 25 follows:
 18 26    220A.7  RESTRICTIONS NOT APPLICABLE.
 18 27    Any law or departmental rule of the state of Iowa which
 18 28 restricts or declares confidential information concerning
 18 29 persons who are believed to be mentally handicapped have
 18 30 mental disabilities shall not apply to information exchanged
 18 31 through the service for the purposes of this chapter.
 18 32 Information supplied under a restriction by the government of
 18 33 the United States, its departments or agencies, or by other
 18 34 state government, its departments and agencies, shall be
 18 35 processed in compliance with such restrictions.  Any case
 19  1 information restricted by any order of court shall be
 19  2 processed in compliance with the order.
 19  3    Sec. 44.  Section 222.16, Code 1995, is amended to read as
 19  4 follows:
 19  5    222.16  PETITION FOR ADJUDICATION OF MENTAL RETARDATION.
 19  6    A petition for the adjudication of the mental retardation
 19  7 of a person within the meaning of this chapter may, with the
 19  8 permission of the court be filed without fee against such a
 19  9 person with the clerk of the district court of the county or
 19 10 city in which such alleged mentally retarded the person who is
 19 11 alleged to have mental retardation resides or is found.  The
 19 12 petition may be filed by any relative of such the person, by a
 19 13 guardian, or by any reputable citizen of the county of such
 19 14 residence or of such place of finding where the person who is
 19 15 alleged to have mental retardation resides or is found.
 19 16    Sec. 45.  Section 222.18, unnumbered paragraph 2, Code
 19 17 1995, is amended to read as follows:
 19 18    Upon the filing of the petition, the court shall enter an
 19 19 order directing the county attorney of the county in which the
 19 20 allegedly mentally retarded person who is alleged to have
 19 21 mental retardation resides to make a full investigation
 19 22 regarding the financial condition of that person and of those
 19 23 persons legally liable for that person's support under section
 19 24 222.78.
 19 25    Sec. 46.  Section 222.21, Code 1995, is amended to read as
 19 26 follows:
 19 27    222.21  ORDER REQUIRING ATTENDANCE.
 19 28    If the person alleged to be mentally retarded have mental
 19 29 retardation is not before the court, the court may issue an
 19 30 order requiring the person, who has the care, custody, and
 19 31 control of the alleged mentally retarded person who is alleged
 19 32 to have mental retardation to bring said alleged mentally
 19 33 retarded the person into court at the time and place stated in
 19 34 said the order.
 19 35    Sec. 47.  Section 222.22, Code 1995, is amended to read as
 20  1 follows:
 20  2    222.22  TIME OF APPEARANCE.
 20  3    The time of appearance shall not be less than five days
 20  4 after completed service unless the court orders otherwise.
 20  5 Appearance on behalf of such alleged mentally retarded the
 20  6 person who is alleged to have mental retardation may be made
 20  7 by any citizen of the county or by any relative.  The district
 20  8 court shall assign counsel for the alleged mentally retarded
 20  9 person who is alleged to have mental retardation.  Counsel
 20 10 shall prior to proceedings personally consult with such the
 20 11 person who is alleged to have mental retardation unless the
 20 12 judge appointing such counsel certifies that in the judge's
 20 13 opinion, such consultation shall serve no useful purpose.
 20 14 Such The certification shall be made a part of the record.  An
 20 15 attorney so assigned by the court shall receive such
 20 16 compensation as the district court shall fix to be paid in the
 20 17 first instance by the county.
 20 18    Sec. 48.  Section 222.25, Code 1995, is amended to read as
 20 19 follows:
 20 20    222.25  CUSTODY PENDING HEARING.
 20 21    Pending final hearing, the court may at any time after the
 20 22 filing of the petition and on satisfactory showing that it is
 20 23 in the best interest of the alleged mentally retarded person
 20 24 who is alleged to have mental retardation and of the community
 20 25 that such the person be at once taken into custody, or that
 20 26 service of notice will be ineffectual if the person is not
 20 27 taken into custody, issue an order for the immediate
 20 28 production of such the person before the court.  In such case,
 20 29 the court may make any proper order for the custody or
 20 30 confinement of such the person as will protect the person and
 20 31 the community and insure the presence of such the person at
 20 32 the hearing.  Such The person shall not be confined with those
 20 33 accused or convicted of crime.
 20 34    Sec. 49.  Section 222.50, Code 1995, is amended to read as
 20 35 follows:
 21  1    222.50  COUNTY OF LEGAL SETTLEMENT TO PAY.
 21  2    When the proceedings are instituted in a county in which
 21  3 the alleged mentally retarded person who is alleged to have
 21  4 mental retardation was found but which is not the county of
 21  5 legal settlement of the person, and the costs are not taxed to
 21  6 the petitioner, the county which is the legal settlement of
 21  7 such the person shall, on presentation of a properly itemized
 21  8 bill for such costs, repay the same costs to the former
 21  9 county.  When the person's legal settlement is outside the
 21 10 state or is unknown, the costs shall be paid out of money in
 21 11 the state treasury not otherwise appropriated, itemized on
 21 12 vouchers executed by the auditor of the county which paid the
 21 13 costs, and approved by the administrator.
 21 14    Sec. 50.  Section 222.80, Code 1995, is amended to read as
 21 15 follows:
 21 16    222.80  LIABILITY TO COUNTY.
 21 17    Any A person admitted or committed to a county institution
 21 18 or home or admitted or committed at county expense to any a
 21 19 private hospital, sanitarium, or other facility for treatment,
 21 20 training, instruction, care, habilitation, and support as a
 21 21 mentally retarded patient thereof with mental retardation
 21 22 shall be liable to the county for the reasonable cost of such
 21 23 the support as provided in section 222.78.
 21 24    Sec. 51.  Section 222.88, subsection 1, Code 1995, is
 21 25 amended to read as follows:
 21 26    1.  Psychiatric and related services to mentally retarded
 21 27 children with mental retardation and adults who are also
 21 28 emotionally disturbed or otherwise mentally ill.
 21 29    Sec. 52.  Section 225C.21, subsection 1, Code 1995, is
 21 30 amended to read as follows:
 21 31    1.  As used in this section, "community, supervised
 21 32 apartment living arrangement" means the provision of a
 21 33 residence in a noninstitutional setting to mentally ill,
 21 34 mentally retarded, or developmentally disabled adults adult
 21 35 persons with mental illness, mental retardation, or
 22  1 developmental disabilities who are capable of living semi-
 22  2 independently but require minimal supervision.
 22  3    Sec. 53.  Section 227.2, subsection 1, unnumbered paragraph
 22  4 1, Code 1995, is amended to read as follows:
 22  5    The director of inspections and appeals shall make, or
 22  6 cause to be made, at least one licensure inspection each year
 22  7 of every county care facility.  Either the administrator of
 22  8 the division or the director of inspections and appeals, in
 22  9 co-operation cooperation with each other, upon receipt of a
 22 10 complaint or for good cause, may make, or cause to be made, a
 22 11 review of a county care facility or of any other private or
 22 12 county institution where mentally ill or mentally retarded
 22 13 persons with mental illness or mental retardation reside.  A
 22 14 licensure inspection or a review shall be made by a competent
 22 15 and disinterested person who is acquainted with and interested
 22 16 in the care of mentally ill and mentally retarded persons with
 22 17 mental illness and persons with mental retardation.  The
 22 18 objective of a licensure inspection or a review shall be an
 22 19 evaluation of the programming and treatment provided by the
 22 20 facility.  After each licensure inspection of a county care
 22 21 facility, the person who made the inspection shall consult
 22 22 with the county authorities on plans and practices that will
 22 23 improve the care given patients and shall make recommendations
 22 24 to the administrator of the division and the director of
 22 25 public health for co-ordinating coordinating and improving the
 22 26 relationships between the administrators of county care
 22 27 facilities, the administrator of the division, the director of
 22 28 public health, the superintendents of state mental health
 22 29 institutes and hospital-schools, community mental health
 22 30 centers, and other co-operating cooperating agencies, to cause
 22 31 improved and more satisfactory care of patients.  A written
 22 32 report of each licensure inspection of a county care facility
 22 33 under this section shall be filed with the administrator of
 22 34 the division and the director of public health and shall
 22 35 include:
 23  1    Sec. 54.  Section 227.2, subsection 1, paragraph g, Code
 23  2 1995, is amended to read as follows:
 23  3    g.  Any failure to comply with standards adopted under
 23  4 section 227.4 for care of mentally ill and mentally retarded
 23  5 persons with mental illness and persons with mental
 23  6 retardation in county care facilities, which is not covered in
 23  7 information submitted pursuant to paragraphs "a" to "f", and
 23  8 any other matters which the director of public health, in
 23  9 consultation with the administrator of the division, may
 23 10 require.
 23 11    Sec. 55.  Section 227.2, subsection 4, paragraphs a and b,
 23 12 Code 1995, are amended to read as follows:
 23 13    a.  It is the responsibility of the state to secure the
 23 14 annual evaluation for each person who is on convalescent leave
 23 15 or who has not been discharged from a state mental health
 23 16 institute.  It is the responsibility of the county to secure
 23 17 the annual evaluation for all other mentally ill persons with
 23 18 mental illness in the county care facility.
 23 19    b.  It is the responsibility of the state to secure the
 23 20 annual evaluation for each person who is on leave and has not
 23 21 been discharged from a state hospital-school.  It is the
 23 22 responsibility of the county to secure the annual evaluation
 23 23 for all other mentally retarded persons with mental
 23 24 retardation in the county care facility.
 23 25    Sec. 56.  Section 227.6, Code 1995, is amended to read as
 23 26 follows:
 23 27    227.6  REMOVAL OF RESIDENTS.
 23 28    If a county care facility fails to comply with rules and
 23 29 standards adopted under this chapter, the administrator may
 23 30 remove all mentally ill and mentally retarded persons with
 23 31 mental illness and all persons with mental retardation cared
 23 32 for in the county care facility at public expense, to the
 23 33 proper state mental health institute or hospital-school, or to
 23 34 some private or county institution or hospital for the care of
 23 35 the mentally ill or mentally retarded persons with mental
 24  1 illness or mental retardation that has complied with the rules
 24  2 prescribed by the administrator.  Residents being transferred
 24  3 to a state mental health institute or hospital-school shall be
 24  4 accompanied by an attendant or attendants sent from the
 24  5 institute or hospital-school.  If a resident is transferred
 24  6 under this section, at least one attendant shall be of the
 24  7 same sex.  If the administrator finds that the needs of
 24  8 mentally ill and mentally retarded residents with mental
 24  9 illness and residents with mental retardation of any other
 24 10 county or private institution are not being adequately met,
 24 11 those residents may be removed from that institution upon
 24 12 order of the administrator.
 24 13    Sec. 57.  Section 229.1, subsection 14, Code Supplement
 24 14 1995, is amended to read as follows:
 24 15    14.  "Seriously mentally impaired" or "serious mental
 24 16 impairment" describes the condition of a person who is
 24 17 afflicted with mental illness and because of that illness
 24 18 lacks sufficient judgment to make responsible decisions with
 24 19 respect to the person's hospitalization or treatment, and who
 24 20 because of that illness meets any of the following criteria:
 24 21    a.  Is likely to physically injure the person's self or
 24 22 others if allowed to remain at liberty without treatment.
 24 23    b.  Is likely to inflict serious emotional injury on
 24 24 members of the person's family or others who lack reasonable
 24 25 opportunity to avoid contact with the afflicted person with
 24 26 mental illness if the afflicted person with mental illness is
 24 27 allowed to remain at liberty without treatment.
 24 28    c.  Is unable to satisfy the person's needs for
 24 29 nourishment, clothing, essential medical care, or shelter so
 24 30 that it is likely that the person will suffer physical injury,
 24 31 physical debilitation, or death.
 24 32    Sec. 58.  Section 229.26, Code 1995, is amended to read as
 24 33 follows:
 24 34    229.26  EXCLUSIVE PROCEDURE FOR INVOLUNTARY
 24 35 HOSPITALIZATION.
 25  1    Sections 229.6 through 229.19 constitute the exclusive
 25  2 procedure for involuntary hospitalization of persons by reason
 25  3 of serious mental impairment in this state, except that this
 25  4 chapter does not negate the provisions of section 904.503
 25  5 relating to transfer of mentally ill prisoners with mental
 25  6 illness to state hospitals for the mentally ill persons with
 25  7 mental illness and does not apply to commitments of persons
 25  8 under chapter 812 or the rules of criminal procedure, Iowa
 25  9 court rules, 2d ed., or negate the provisions of section
 25 10 232.51 relating to disposition of mentally ill or mentally
 25 11 retarded children with mental illness or mental retardation.
 25 12    Sec. 59.  Section 229.38, Code 1995, is amended to read as
 25 13 follows:
 25 14    229.38  CRUELTY OR OFFICIAL MISCONDUCT.
 25 15    If any person having the care of a mentally ill person with
 25 16 mental illness who has voluntarily entered a hospital or other
 25 17 facility for treatment or care, or who is responsible for
 25 18 psychiatric examination care, treatment and maintenance of any
 25 19 person involuntarily hospitalized under sections 229.6 to
 25 20 229.15, whether in a hospital or elsewhere, with or without
 25 21 proper authority, shall treat such patient with unnecessary
 25 22 severity, harshness, or cruelty, or in any way abuse the
 25 23 patient or if any person unlawfully detains or deprives of
 25 24 liberty any mentally ill or allegedly mentally ill person with
 25 25 mental illness or any person who is alleged to have mental
 25 26 illness, or if any officer required by the provisions of this
 25 27 chapter and chapters 226 and 227, to perform any act shall
 25 28 willfully refuse or neglect to perform the same, the offending
 25 29 person shall, unless otherwise provided, be guilty of a
 25 30 serious misdemeanor.
 25 31    Sec. 60.  Section 230.15, Code 1995, is amended to read as
 25 32 follows:
 25 33    230.15  PERSONAL LIABILITY.
 25 34    A mentally ill person with mental illness and a person
 25 35 legally liable for the person's support remain liable for the
 26  1 support of the mentally ill person with mental illness as
 26  2 provided in this section.  Persons legally liable for the
 26  3 support of a mentally ill person with mental illness include
 26  4 the spouse of the mentally ill person, any person bound by
 26  5 contract for support of the mentally ill person, and, with
 26  6 respect to mentally ill persons with mental illness under
 26  7 eighteen years of age only, the father and mother of the
 26  8 mentally ill person.  The county auditor, subject to the
 26  9 direction of the board of supervisors, shall enforce the
 26 10 obligation created in this section as to all sums advanced by
 26 11 the county.  The liability to the county incurred by a
 26 12 mentally ill person with mental illness or a person legally
 26 13 liable for the person's support under this section is limited
 26 14 to an amount equal to one hundred percent of the cost of care
 26 15 and treatment of the mentally ill person with mental illness
 26 16 at a state mental health institute for one hundred twenty days
 26 17 of hospitalization.  This limit of liability may be reached by
 26 18 payment of the cost of care and treatment of the mentally ill
 26 19 person with mental illness subsequent to a single admission or
 26 20 multiple admissions to a state mental health institute or, if
 26 21 the person is not discharged as cured, subsequent to a single
 26 22 transfer or multiple transfers to a county care facility
 26 23 pursuant to section 227.11.  After reaching this limit of
 26 24 liability, a mentally ill person with mental illness or a
 26 25 person legally liable for the person's support is liable to
 26 26 the county for the care and treatment of the mentally ill
 26 27 person with mental illness at a state mental health institute
 26 28 or, if transferred but not discharged as cured, at a county
 26 29 care facility in an amount not in excess of the average
 26 30 minimum cost of the maintenance of a physically and mentally
 26 31 healthy an individual who is physically and mentally healthy
 26 32 residing in the individual's own home, which standard shall be
 26 33 established and may from time to time be revised by the
 26 34 department of human services.  A lien imposed by section
 26 35 230.25 shall not exceed the amount of the liability which may
 27  1 be incurred under this section on account of any mentally ill
 27  2 a person with mental illness.
 27  3    A substance abuser or chronic substance abuser is legally
 27  4 liable for the total amount of the cost of providing care,
 27  5 maintenance, and treatment for the substance abuser or chronic
 27  6 substance abuser while a voluntary or committed patient.  When
 27  7 a portion of the cost is paid by a county, the substance
 27  8 abuser or chronic substance abuser is legally liable to the
 27  9 county for the amount paid.  The substance abuser or chronic
 27 10 substance abuser shall assign any claim for reimbursement
 27 11 under any contract of indemnity, by insurance or otherwise,
 27 12 providing for the abuser's care, maintenance, and treatment in
 27 13 a state hospital to the state.  Any payments received by the
 27 14 state from or on behalf of a substance abuser or chronic
 27 15 substance abuser shall be in part credited to the county in
 27 16 proportion to the share of the costs paid by the county.
 27 17 Nothing in this section shall be construed to prevent a
 27 18 relative or other person from voluntarily paying the full
 27 19 actual cost or any portion of the care and treatment of any
 27 20 mentally ill person with mental illness, substance abuser, or
 27 21 chronic substance abuser as established by the department of
 27 22 human services.
 27 23    Sec. 61.  Section 230.33, Code 1995, is amended to read as
 27 24 follows:
 27 25    230.33  RECIPROCAL AGREEMENTS.
 27 26    The administrator of the division is hereby authorized to
 27 27 enter into agreements with other states, through their duly
 27 28 constituted authorities, to effect the reciprocal return of
 27 29 mentally ill and mentally retarded persons with mental illness
 27 30 and persons with mental retardation to the contracting states,
 27 31 and to effect the reciprocal supervision of persons on
 27 32 convalescent leave.
 27 33    Provided that in the case of a proposed transfer of a
 27 34 mentally ill or mentally retarded person with mental illness
 27 35 or mental retardation from this state that no final action be
 28  1 taken without the approval either of the commission of
 28  2 hospitalization, or of the district court, of the county of
 28  3 admission or commitment.
 28  4    Sec. 62.  Section 232.51, Code 1995, is amended to read as
 28  5 follows:
 28  6    232.51  DISPOSITION OF MENTALLY ILL OR MENTALLY RETARDED
 28  7 CHILD WITH MENTAL ILLNESS OR MENTAL RETARDATION.
 28  8    If the evidence received at an adjudicatory or a
 28  9 dispositional hearing indicates that the child is mentally
 28 10 ill, the court may direct the juvenile court officer or the
 28 11 department to initiate proceedings or to assist the child's
 28 12 parent or guardian to initiate civil commitment proceedings in
 28 13 the juvenile court.  These proceedings in the juvenile court
 28 14 shall adhere to the requirements of chapter 229.  If the
 28 15 evidence received at an adjudicatory or a dispositional
 28 16 hearing indicates that the child is mentally retarded, the
 28 17 court may direct the juvenile court officer or the department
 28 18 to initiate proceedings or to assist the child's parent or
 28 19 guardian to initiate civil commitment proceedings in the
 28 20 juvenile court.  These proceedings shall adhere to the
 28 21 requirements of chapter 222.  If the child is committed as a
 28 22 mentally ill or mentally retarded child with mental illness or
 28 23 mental retardation, any order adjudicating the child to have
 28 24 committed a delinquent act shall be set aside and the petition
 28 25 shall be dismissed.
 28 26    Sec. 63.  Section 233B.5, Code 1995, is amended to read as
 28 27 follows:
 28 28    233B.5  TRANSFERS.
 28 29    The administrator may transfer to the home minor wards of
 28 30 the state from any institution under the administrator's
 28 31 charge or under the charge of any other administrator of the
 28 32 department of human services; but no person shall be so
 28 33 transferred who is not mentally normal a person with mental
 28 34 illness or mental retardation, or who is incorrigible, or has
 28 35 any vicious habits, or whose presence in the home would be
 29  1 inimical to the moral or physical welfare of normal the other
 29  2 children therein within the home, and any such child in the
 29  3 home may be transferred to the proper state institution.
 29  4    Sec. 64.  Section 249A.3, subsection 1, paragraph q, Code
 29  5 Supplement 1995, is amended to read as follows:
 29  6    q.  Is a disabled an individual with a disability, and is
 29  7 at least eighteen years of age, who receives parental social
 29  8 security benefits under the federal Social Security Act and is
 29  9 not eligible for federal supplemental security income or state
 29 10 supplementary assistance, as defined by section 249.1, because
 29 11 of the receipt of the social security benefits.
 29 12    Sec. 65.  Section 249A.5, subsection 2, paragraph b, Code
 29 13 Supplement 1995, is amended to read as follows:
 29 14    b.  If the collection of all or part of a debt is waived
 29 15 pursuant to subsection 2, paragraph "a", subparagraph (1), the
 29 16 amount waived shall be a debt due from the estate of the
 29 17 recipient's surviving spouse or blind or disabled child who is
 29 18 blind or has a disability, upon the death of the spouse or
 29 19 child, or due from a surviving child who was under twenty-one
 29 20 years of age at the time of the recipient's death, upon the
 29 21 child reaching age twenty-one, to the extent the recipient's
 29 22 estate is received by the surviving spouse or child.
 29 23    Sec. 66.  Section 249F.1, subsection 2, paragraph b,
 29 24 subparagraph (2), Code 1995, is amended to read as follows:
 29 25    (2)  Transfers, other than the transfer of a dwelling, to
 29 26 or for the sole benefit of the transferor's child who is blind
 29 27 or disabled has a disability as defined in section 1614 of the
 29 28 federal Social Security Act.
 29 29    Sec. 67.  Section 256.16, unnumbered paragraph 1, Code
 29 30 1995, is amended to read as follows:
 29 31    Pursuant to section 256.7, subsection 5, the state board
 29 32 shall adopt rules requiring all higher education institutions
 29 33 providing practitioner preparation to include in the
 29 34 professional education program, preparation that contributes
 29 35 to education of the handicapped and the students with
 30  1 disabilities and students who are gifted and talented, which
 30  2 must be successfully completed before graduation from the
 30  3 practitioner preparation program.
 30  4    Sec. 68.  Section 256B.2, subsection 1, Code 1995, is
 30  5 amended to read as follows:
 30  6    1.  "Children requiring special education" means persons
 30  7 under twenty-one years of age, including children under five
 30  8 years of age, who are handicapped have a disability in
 30  9 obtaining an education because of a head injury, autism,
 30 10 behavioral disorder, or physical, mental, communication or
 30 11 learning disability, as defined by the rules of the department
 30 12 of education.
 30 13    Sec. 69.  Section 256B.6, subsection 5, Code 1995, is
 30 14 amended to read as follows:
 30 15    5.  Assigned to a program of special education when the
 30 16 child is does not handicapped have a disability.
 30 17    Sec. 70.  Section 256B.9, subsection 1, paragraphs b and d,
 30 18 Code 1995, are amended to read as follows:
 30 19    b.  Children requiring special education who require
 30 20 special adaptations while assigned to a regular classroom for
 30 21 basic instructional purposes and handicapped pupils with
 30 22 disabilities placed in a special education class who receive
 30 23 part of their instruction in regular classrooms are assigned a
 30 24 weighting of one and eight-tenths for the school year
 30 25 commencing July 1, 1975.
 30 26    Effective July 1, 1991, this paragraph also applies to
 30 27 children requiring special education who require specially
 30 28 designed instruction while assigned to a regular classroom for
 30 29 basic instructional purposes.
 30 30    d.  Children requiring special education who are severely
 30 31 handicapped have severe disabilities or who have multiple
 30 32 handicaps disabilities are assigned a weighting of four and
 30 33 four-tenths for the school year commencing July 1, 1975.
 30 34    Effective July 1, 1991, this paragraph also applies to
 30 35 children requiring special education who are severely have
 31  1 severe and profoundly handicapped profound disabilities.
 31  2    Sec. 71.  Section 256B.9, subsection 8, Code 1995, is
 31  3 amended to read as follows:
 31  4    8.  Commencing with the school year beginning July 1, 1976,
 31  5 a school district may expend an amount not to exceed two-
 31  6 sevenths of an amount equal to the district cost of a school
 31  7 district for the costs of regular classroom instruction of a
 31  8 child certified under the special education weighting plan in
 31  9 subsection 1, paragraph "b", as a handicapped pupil with
 31 10 disabilities who is enrolled in a special class, but who
 31 11 receives part of the pupil's instruction in a regular
 31 12 classroom.  Unencumbered funds generated for special education
 31 13 instructional programs for the school year beginning July 1,
 31 14 1975 and for the school year beginning July 1, 1976 shall not
 31 15 be expended for such purpose.
 31 16    Sec. 72.  Section 263.9, Code 1995, is amended to read as
 31 17 follows:
 31 18    263.9  ESTABLISHMENT AND OBJECTIVES.
 31 19    The state board of regents is hereby authorized to
 31 20 establish and maintain in reasonable proximity to Iowa City
 31 21 and in conjunction with the state university of Iowa and the
 31 22 university hospital, a hospital-school having as its objects
 31 23 the education and treatment of severely handicapped children
 31 24 with severe disabilities.  Such hospital-schools shall be
 31 25 conducted in conjunction with the activities of the University
 31 26 of Iowa children's hospital.  Insofar as is practicable, the
 31 27 facilities of the university children's hospital shall be
 31 28 utilized.
 31 29    Sec. 73.  Section 263.10, Code 1995, is amended to read as
 31 30 follows:
 31 31    263.10  PERSONS ADMITTED.
 31 32    Every resident of the state who is not more than twenty-one
 31 33 years of age, who is so severely handicapped has such severe
 31 34 disabilities as to be unable to acquire an education in the
 31 35 common schools, and every such person who is twenty-one and
 32  1 under thirty-five years of age who has the consent of the
 32  2 state board of regents, shall be entitled to receive an
 32  3 education, care, and training in the institution, and
 32  4 nonresidents similarly situated may be entitled to an
 32  5 education and care therein upon such terms as may be fixed by
 32  6 the state board of regents.  The fee for nonresidents shall be
 32  7 not less than the average expense of resident pupils and shall
 32  8 be paid in advance.  Residents and persons under the care and
 32  9 control of a director of a division of the department of human
 32 10 services who are severely handicapped have severe disabilities
 32 11 may be transferred to the hospital-school upon such terms as
 32 12 may be agreed upon by the state board of regents and such the
 32 13 director.
 32 14    Sec. 74.  Section 263.11, Code 1995, is amended to read as
 32 15 follows:
 32 16    263.11  DEFINITIONS.
 32 17    The term "severely handicapped" "severe disabilities" shall
 32 18 be interpreted for the purpose of this division as referring
 32 19 to persons who meet both of the following requirements:
 32 20    1.  Persons who are educable but severely physically and
 32 21 educationally handicapped have severe physical and educational
 32 22 disabilities as a result of cerebral palsy, muscular
 32 23 dystrophy, spina bifida, arthritis, poliomyelitis, or other
 32 24 severe physically handicapping disabling conditions, and.
 32 25    2.  Persons who are not eligible for admission to the
 32 26 schools already established for the persons with mental
 32 27 retardation or epilepsy or persons who are deaf, or blind,
 32 28 epileptic, or mentally retarded.
 32 29    Sec. 75.  Section 280.8, Code 1995, is amended to read as
 32 30 follows:
 32 31    280.8  SPECIAL EDUCATION.
 32 32    The board of directors of each public school district shall
 32 33 make adequate educational provisions for each resident child
 32 34 requiring special education appropriate to the nature and
 32 35 severity of the child's handicapping condition disability
 33  1 pursuant to rules promulgated by the department under the
 33  2 provisions of chapters 256B and 273.
 33  3    Sec. 76.  Section 299.18, Code 1995, is amended to read as
 33  4 follows:
 33  5    299.18  EDUCATION OF CERTAIN DEAF, BLIND, OR SEVERELY
 33  6 HANDICAPPED CHILDREN WHO ARE DEAF, BLIND, OR HAVE SEVERE
 33  7 DISABILITIES.
 33  8    Children who are of compulsory attendance age and who are
 33  9 so deaf or blind or severely handicapped have such severe
 33 10 disabilities so as to be unable to obtain an education in the
 33 11 public or accredited nonpublic schools shall be sent to the
 33 12 appropriate state-operated school, or shall receive
 33 13 appropriate special education under chapter 256B, unless
 33 14 exempted, and any person having such a child under the
 33 15 person's control or custody shall see that the child attends
 33 16 the state-operated school or special education program during
 33 17 the scholastic year.
 33 18    Sec. 77.  Section 299.19, Code 1995, is amended to read as
 33 19 follows:
 33 20    299.19  PROCEEDING AGAINST PARENT.
 33 21    Upon the failure of a person having the custody and control
 33 22 of a deaf, blind, or severely handicapped child who is blind,
 33 23 deaf, or has severe disabilities to require the child's
 33 24 attendance as provided in section 299.18, the state board of
 33 25 regents may make application to the district court or the
 33 26 juvenile court of the county in which the person resides for
 33 27 an order requiring the person to compel the attendance of the
 33 28 child at the proper state-operated school.
 33 29    Sec. 78.  Section 321.180A, subsection 1, Code 1995, is
 33 30 amended to read as follows:
 33 31    1.  Notwithstanding other provisions of this chapter, a
 33 32 physically disabled person with a physical disability, who is
 33 33 not suffering from a convulsive disorder and who can provide a
 33 34 favorable medical report, whose license renewal has been
 33 35 denied under section 321.177, subsection 6 or 7, or whose
 34  1 motor vehicle license has been suspended under section
 34  2 321.210, subsection 1, paragraph "c", upon meeting the
 34  3 requirements of section 321.186, other than a driving
 34  4 demonstration or the person's limitations which caused the
 34  5 denial under section 321.177, subsection 6 or 7, or suspension
 34  6 under section 321.210, subsection 1, paragraph "c", and upon
 34  7 paying the fee required in section 321.191, shall be issued a
 34  8 special instruction permit by the department.  Upon issuance
 34  9 of the permit the denial or suspension shall be stayed and the
 34 10 stay shall remain in effect as long as the permit is valid.
 34 11    Sec. 79.  Section 321.445, subsection 5, Code 1995, is
 34 12 amended to read as follows:
 34 13    5.  The department shall adopt rules pursuant to chapter
 34 14 17A providing exceptions from application of subsections 1 and
 34 15 2 for front seats and front seat passengers of motor vehicles
 34 16 owned, leased, rented, or primarily used by physically
 34 17 handicapped persons with physical disabilities who use
 34 18 collapsible wheelchairs.
 34 19    Sec. 80.  Section 324A.1, subsection 7, Code 1995, is
 34 20 amended to read as follows:
 34 21    7.  "Transportation disadvantaged persons" means persons
 34 22 who are physically or mentally handicapped persons with
 34 23 physical or mental disabilities, persons who are determined by
 34 24 the department to be economically disadvantaged and other
 34 25 persons or groups determined by the department to be
 34 26 disadvantaged in terms of the transportation services that are
 34 27 available to them.
 34 28    Sec. 81.  Section 324A.3, subsection 3, Code 1995, is
 34 29 amended to read as follows:
 34 30    3.  Handicapped services Services for persons with
 34 31 disabilities.
 34 32    Sec. 82.  Section 325.6, subsection 5, unnumbered paragraph
 34 33 1, Code 1995, is amended to read as follows:
 34 34    A motor carrier providing primarily passenger service for
 34 35 elderly, handicapped persons who are elderly, persons with
 35  1 disabilities, and other transportation disadvantaged persons
 35  2 is exempt from the certification requirements of this section
 35  3 if it satisfies each of the following requirements:
 35  4    Sec. 83.  Section 331.324, subsection 1, paragraph n, Code
 35  5 1995, is amended to read as follows:
 35  6    n.  Employ the persons who are blind, the or partially
 35  7 blind, and the disabled persons with physical disabilities in
 35  8 accordance with section 216C.2.
 35  9    Sec. 84.  Section 331.424, subsection 1, paragraph a,
 35 10 subparagraph (3), Code Supplement 1995, is amended to read as
 35 11 follows:
 35 12    (3)  Clothing, transportation, medical, or other services
 35 13 provided persons attending the Iowa braille and sight saving
 35 14 school, the Iowa school for the deaf, or the state hospital-
 35 15 school for severely handicapped children with severe
 35 16 disabilities at Iowa City, for which the county becomes
 35 17 obligated to pay pursuant to sections 263.12, 269.2, and 270.4
 35 18 through 270.7.
 35 19    Sec. 85.  Section 331.655, subsection 1, paragraph c, Code
 35 20 1995, is amended to read as follows:
 35 21    c.  For serving and returning a subpoena, for each person
 35 22 served, fifteen dollars, and the necessary expenses incurred
 35 23 while serving subpoenas in criminal cases or cases relating to
 35 24 the mentally ill process hospitalization of persons with
 35 25 mental illness.
 35 26    Sec. 86.  Section 384.24, subsection 2, paragraph k, Code
 35 27 1995, is amended to read as follows:
 35 28    k.  Housing for the elderly or physically handicapped
 35 29 persons who are elderly or persons with physical disabilities.
 35 30    Sec. 87.  Section 403A.2, subsection 6, paragraphs d
 35 31 through g, Code 1995, are amended to read as follows:
 35 32    d.  "Families" includes, but is not limited to, families
 35 33 consisting of a single person in the case of any of the
 35 34 following:
 35 35    (1)  A person who is at least sixty-two years of age.
 36  1    (2)  A person who is under with a disability.
 36  2    (3)  A person who is handicapped.
 36  3    (4) (3)  A displaced person.
 36  4    (5) (4)  The remaining member of a tenant family.
 36  5    e.  "Families" includes two or more persons living
 36  6 together, who are at least sixty-two years of age, are under
 36  7 persons with a disability or are handicapped, or one or more
 36  8 such individuals living with another person who is essential
 36  9 to such individual's care or well-being.
 36 10    f.  "Disability" means inability to engage in any
 36 11 substantial gainful activity by reason of any medically
 36 12 determinable physical or mental impairment.
 36 13    g.  "Handicapped" means, or having a physical or mental
 36 14 impairment which is expected to be of long-continued and
 36 15 indefinite duration, substantially impedes the ability to live
 36 16 independently, and is of a nature that the ability to live
 36 17 independently could be improved by more suitable housing
 36 18 conditions.
 36 19    Sec. 88.  Section 403A.7, Code 1995, is amended to read as
 36 20 follows:
 36 21    403A.7  HOUSING RENTALS AND TENANT ADMISSIONS.
 36 22    A municipality shall (1) rent do the following:
 36 23    1.  Rent or lease the dwelling accommodations in a housing
 36 24 project only to persons or families of low income and at
 36 25 rentals within their financial reach; (2) rent.
 36 26    2.  Rent or lease to a tenant such dwelling accommodations
 36 27 consisting of the number of rooms which it deems necessary to
 36 28 provide safe and sanitary accommodations to the proposed
 36 29 occupants thereof, without overcrowding; and (3) fix.
 36 30    3.  Fix income limits for occupancy and rents after taking
 36 31 into consideration (a) the the following:
 36 32    a.  The family size, composition, age, physical handicaps
 36 33 disabilities, and other factors which might affect the rent-
 36 34 paying ability of the person or family, and (b) the.
 36 35    b.  The economic factors which affect the financial
 37  1 stability and solvency of the project.  Provided, however,
 37  2    PARAGRAPH DIVIDED.  However, such determination of
 37  3 eligibility shall be within the limits of the income limits
 37  4 hereinbefore set out.
 37  5    Nothing contained in this or the preceding section shall be
 37  6 construed as limiting the power of a municipality with respect
 37  7 to a housing project, to vest in an obligee the right, in the
 37  8 event of a default by the municipality, to take possession or
 37  9 cause the appointment of a receiver thereof for the housing
 37 10 project, free from all the restrictions imposed by this or the
 37 11 preceding section.
 37 12    Sec. 89.  Section 410.14, Code 1995, is amended to read as
 37 13 follows:
 37 14    410.14  DECISION OF BOARD.
 37 15    The decision of such the board upon such matters shall be
 37 16 final and conclusive, in the absence of fraud, and no appeal
 37 17 shall be allowed therefrom.  Such disabled The member with a
 37 18 disability shall remain upon the pension roll unless and until
 37 19 reinstated in such the department by reason of such
 37 20 examination.
 37 21    Sec. 90.  Section 411.1A, Code 1995, is amended to read as
 37 22 follows:
 37 23    411.1A  PURPOSE OF CHAPTER.
 37 24    The purpose of this chapter is to promote economy and
 37 25 efficiency in the municipal public safety service by providing
 37 26 an orderly means for police officers and fire fighters to have
 37 27 a retirement system which will provide for the payment of
 37 28 pensions to retired and disabled members and members incurring
 37 29 disabilities, and to the surviving spouses and dependents of
 37 30 deceased members.
 37 31    Sec. 91.  Section 419.1, subsection 12, paragraph a,
 37 32 subparagraph (13), Code 1995, is amended to read as follows:
 37 33    (13)  A housing unit or complex for the elderly or
 37 34 handicapped persons who are elderly or persons with
 37 35 disabilities.
 38  1    Sec. 92.  Section 422.45, subsection 22, paragraphs a and
 38  2 c, Code Supplement 1995, are amended to read as follows:
 38  3    a.  Residential care facilities and intermediate care
 38  4 facilities for the mentally retarded persons with mental
 38  5 retardation and residential care facilities for the mentally
 38  6 ill persons with mental illness licensed by the department of
 38  7 inspections and appeals under chapter 135C.
 38  8    c.  Rehabilitation facilities that provide accredited
 38  9 rehabilitation services to persons with disabilities which are
 38 10 accredited by the commission on accreditation of
 38 11 rehabilitation facilities or the accreditation council for
 38 12 services for mentally retarded persons with mental retardation
 38 13 and other developmentally disabled persons with developmental
 38 14 disabilities and adult day care services approved for
 38 15 reimbursement by the state department of human services.
 38 16    Sec. 93.  Section 425.23, subsection 3, paragraph b, Code
 38 17 1995, is amended to read as follows:
 38 18    b.  For purposes of this subsection, a totally disabled
 38 19 person in computing household income, a person with a total
 38 20 disability shall deduct all medical and necessary care
 38 21 expenses paid during the twelve-month income tax accounting
 38 22 periods used in computing household income which are
 38 23 attributable to the person's total disability.  "Medical and
 38 24 necessary care expenses" are those used in computing the
 38 25 federal income tax deduction under section 213 of the Internal
 38 26 Revenue Code as defined in section 422.3.
 38 27    Sec. 94.  Section 427.1, subsection 34, Code Supplement
 38 28 1995, is amended to read as follows:
 38 29    34.  LOW-RENT HOUSING.  The property owned and operated by
 38 30 a nonprofit organization providing low-rent housing for the
 38 31 persons who are elderly and the physically and mentally
 38 32 handicapped persons with physical and mental disabilities.
 38 33 The exemption granted under the provisions of this subsection
 38 34 shall apply only until the terms of the original low-rent
 38 35 housing development mortgage is paid in full or expires,
 39  1 subject to the provisions of subsections 23 and 24.
 39  2    Sec. 95.  Section 468.513, Code 1995, is amended to read as
 39  3 follows:
 39  4    468.513  VOTE OF MINOR OR MENTALLY ILL PERSON UNDER LEGAL
 39  5 INCOMPETENCY.
 39  6    The vote of any person who is a minor, mentally ill, or
 39  7 under other legal incompetency shall be cast by the parent,
 39  8 guardian, or other legal representative of such minor,
 39  9 mentally ill, or other incompetent the person.  The person
 39 10 casting such the vote shall deliver to the judges and clerks
 39 11 of election a written sworn statement giving the name, age,
 39 12 and place of residence of such the minor, mentally ill, or
 39 13 other incompetent person under legal incompetency, and any
 39 14 false statement knowingly made to secure permission to cast
 39 15 such vote shall render the party so making it guilty of the
 39 16 crime of perjury.
 39 17    Sec. 96.  Section 477C.1, Code 1995, is amended to read as
 39 18 follows:
 39 19    477C.1  DUAL PARTY RELAY SERVICE – PURPOSE.
 39 20    The general assembly finds that the provision of a
 39 21 statewide dual party relay service will further the public
 39 22 interest and protect the health, safety, and welfare of the
 39 23 people of Iowa through an increase in the usefulness and
 39 24 availability of the telephone system.  Many deaf, hard-of-
 39 25 hearing, and speech-impaired persons who are deaf, hard-of-
 39 26 hearing, or have speech impairments are not able to utilize
 39 27 the telephone system without this type of service.  Therefore,
 39 28 it is the purpose of this chapter to enable the orderly
 39 29 development, operation, promotion, and funding of a statewide
 39 30 dual party relay service.
 39 31    Sec. 97.  Section 481A.38, subsection 1, unnumbered
 39 32 paragraph 2, Code 1995, is amended to read as follows:
 39 33    The commission shall adopt a rule permitting a crossbow to
 39 34 be used only by handicapped individuals with disabilities who
 39 35 are physically incapable of using a bow and arrow under the
 40  1 conditions in which a bow and arrow is permitted.  The
 40  2 commission shall prepare an application to be used by an
 40  3 individual requesting the status.  The application shall
 40  4 require the individual's physician to sign a statement
 40  5 declaring that the individual is not physically able to use a
 40  6 bow and arrow.
 40  7    Sec. 98.  Section 483A.3, subsection 1, Code 1995, is
 40  8 amended to read as follows:
 40  9    1.  A resident or nonresident person required to have a
 40 10 hunting, fur harvester or fur, fish and game license shall not
 40 11 hunt or trap unless the person carries a valid wildlife
 40 12 habitat stamp signed in ink with the person's signature across
 40 13 the face of the stamp.  This section shall not apply to
 40 14 residents who are permanently disabled have permanent
 40 15 disabilities or who are younger than sixteen or older than
 40 16 sixty-five years of age.  Special wildlife habitat stamps
 40 17 shall be administered in the same manner as hunting and fur
 40 18 harvester licenses except all revenue derived from the sale of
 40 19 the wildlife habitat stamps shall be used within the state of
 40 20 Iowa for habitat development and shall be deposited in the
 40 21 state fish and game protection fund, except as provided in
 40 22 subsection 2.  The revenue may be used for the matching of
 40 23 federal funds.  The revenues and any matched federal funds
 40 24 shall be used for acquisition of land, leasing of land or
 40 25 obtaining of easements from willing sellers for use as
 40 26 wildlife habitats.  Notwithstanding the exemption provided by
 40 27 section 427.1, any land acquired with the revenues and matched
 40 28 federal funds shall be subject to the full consolidated levy
 40 29 of property taxes which shall be paid from those revenues.  In
 40 30 addition such revenue may be used for the development and
 40 31 enhancement of wildlife lands and habitat areas.  Not less
 40 32 than fifty percent of all revenue from the sale of wildlife
 40 33 habitat stamps shall be used by the commission to enter into
 40 34 agreements with county conservation boards or other public
 40 35 agencies in order to carry out the purposes of this section.
 41  1 The state share of funding of those agreements provided by the
 41  2 revenue from the sale of wildlife habitat stamps shall not
 41  3 exceed seventy-five percent.
 41  4    Sec. 99.  Section 483A.4, Code 1995, is amended to read as
 41  5 follows:
 41  6    483A.4  "PERMANENTLY DISABLED PERMANENT DISABILITY"
 41  7 DEFINED.
 41  8    For the purpose of obtaining a license, a person is
 41  9 permanently disabled has a permanent disability if any of the
 41 10 following apply:
 41 11    1.  The person has been found under the provisions of the
 41 12 federal Social Security Act, Title II, or any other public or
 41 13 private pension system to have a total, permanent physical or
 41 14 mental condition which prevents that person from engaging in
 41 15 the person's occupation or qualifies that person for
 41 16 retirement.
 41 17    2.  The person is physically severely handicapped has a
 41 18 severe physical disability and has qualified for a special
 41 19 license under section 483A.24.
 41 20    Sec. 100.  Section 483A.24, subsections 12 and 17, Code
 41 21 1995, are amended to read as follows:
 41 22    12.  The commission shall issue without charge a special
 41 23 fishing license to residents of Iowa sixteen years or more of
 41 24 age who the commission finds are mentally or physically
 41 25 severely handicapped have severe mental or physical
 41 26 disabilities.  The commission is hereby authorized to prepare
 41 27 an application to be used by the person requesting handicapped
 41 28 status the special license, which would require that the
 41 29 person's attending physician sign the form declaring that the
 41 30 person handicapped has a severe mental or physical disability
 41 31 and is eligible for exempt status.
 41 32    17.  The department shall issue without charge a special
 41 33 annual fishing or combined hunting and fishing license to
 41 34 residents of this state who are permanently disabled have
 41 35 permanent disabilities and whose income falls below the
 42  1 federal poverty guidelines as published by the United States
 42  2 department of health and human services or residents of this
 42  3 state who are sixty-five years of age or older and whose
 42  4 income falls below the federal poverty guidelines as published
 42  5 by the United States department of health and human services.
 42  6 The commission shall provide for, by rule, an application to
 42  7 be used by an applicant requesting a permanent disabled status
 42  8 or age status special license.  The commission shall require
 42  9 proof of age, income, and proof of permanent disability.
 42 10    Sec. 101.  Section 598.17, unnumbered paragraph 3, Code
 42 11 1995, is amended to read as follows:
 42 12    No marriage A dissolution of marriage granted due to the
 42 13 mental illness of when one of the spouses has mental illness
 42 14 shall not relieve the other spouse of any obligation imposed
 42 15 by law as a result of the marriage for the support of the
 42 16 mentally ill spouse with mental illness.  The court may make
 42 17 an order for such the support or may waive the support
 42 18 obligation when satisfied from the evidence that it would
 42 19 create an undue hardship on the obliged spouse or that
 42 20 spouse's other dependents.
 42 21    Sec. 102.  Section 600.17, Code 1995, is amended to read as
 42 22 follows:
 42 23    600.17  FINANCIAL ASSISTANCE.
 42 24    The department of human services shall, within the limits
 42 25 of funds appropriated to the department of human services and
 42 26 any gifts or grants received by the department for this
 42 27 purpose, provide financial assistance to any person who adopts
 42 28 a physically or mentally handicapped, child with physical or
 42 29 mental disabilities or an older, or otherwise hard-to-place
 42 30 child, if the adoptive parent has the capability of providing
 42 31 a suitable home for the child but the need for special
 42 32 services or the costs of maintenance are beyond the economic
 42 33 resources of the adoptive parent.
 42 34    1.  Financial assistance shall not be provided when the
 42 35 special services are available free of cost to the adoptive
 43  1 parent or are covered by an insurance policy of the adoptive
 43  2 parent.
 43  3    2.  "Special services" means any medical, dental,
 43  4 therapeutic, educational, or other similar service or
 43  5 appliance required by an adopted child by reason of a mental
 43  6 or physical handicap disability.
 43  7    Sec. 103.  Section 602.8102, subsection 41, Code Supplement
 43  8 1995, is amended to read as follows:
 43  9    41.  Carry out duties relating to the involuntary
 43 10 commitment of mentally impaired persons with mental
 43 11 impairments as provided in chapter 229.
 43 12    Sec. 104.  Section 607A.5, Code 1995, is amended to read as
 43 13 follows:
 43 14    607A.5  AUTOMATIC EXCUSE FROM JURY SERVICE.
 43 15    A person shall be excused from jury service if the person
 43 16 submits written documentation verifying, to the court's
 43 17 satisfaction, that the person is solely responsible for the
 43 18 daily care of a permanently disabled person with a permanent
 43 19 disability living in the person's household and that the
 43 20 performance of juror service would cause substantial risk of
 43 21 injury to the health of the disabled person with a disability,
 43 22 or that the person is the mother of a breastfed child and is
 43 23 responsible for the daily care of the child.  However, if the
 43 24 person is regularly employed at a location other than the
 43 25 person's household, the person shall not be excused under this
 43 26 section.
 43 27    Sec. 105.  Section 633.63, subsection 1, paragraph a, Code
 43 28 1995, is amended to read as follows:
 43 29    a.  One who is under legal incompetency or is a mental
 43 30 retardate, mentally ill, a chronic alcoholic, or a
 43 31 spendthrift.
 43 32    Sec. 106.  Section 633.707, subsection 4, Code 1995, is
 43 33 amended to read as follows:
 43 34    4.  "Maximum monthly medical assistance payment rate for
 43 35 services in an intermediate care facility for the mentally
 44  1 retarded persons with mental retardation" means the allowable
 44  2 rate established by the department of human services and as
 44  3 published in the Iowa administrative bulletin.
 44  4    Sec. 107.  Section 694.1, subsection 1, Code 1995, is
 44  5 amended to read as follows:
 44  6    1.  Is physically or mentally disabled a person with a
 44  7 physical or mental disability.
 44  8    Sec. 108.  Section 714.19, subsection 5, Code 1995, is
 44  9 amended to read as follows:
 44 10    5.  Nonprofit schools exclusively engaged in training
 44 11 physically handicapped persons with physical disabilities in
 44 12 the state of Iowa.
 44 13    Sec. 109.  Section 726.6, subsection 1, unnumbered
 44 14 paragraph 1, Code 1995, is amended to read as follows:
 44 15    A person who is the parent, guardian, or person having
 44 16 custody or control over a child or a mentally or physically
 44 17 handicapped minor under the age of eighteen with a mental or
 44 18 physical disability, commits child endangerment when the
 44 19 person does any of the following:
 44 20    Sec. 110.  Section 726.6A, Code 1995, is amended to read as
 44 21 follows:
 44 22    726.6A  MULTIPLE ACTS OF CHILD ENDANGERMENT – PENALTY.
 44 23    A person who engages in a course of conduct including three
 44 24 or more acts of child endangerment as defined in section 726.6
 44 25 within a period of twelve months involving the same child or a
 44 26 mentally or physically handicapped minor with a mental or
 44 27 physical disability, where one or more of the acts results in
 44 28 serious injury to the child or minor or results in a skeletal
 44 29 injury to a child under the age of four years, is guilty of a
 44 30 class "B" felony.  Notwithstanding section 902.9, subsection
 44 31 1, a person convicted of a violation of this section shall be
 44 32 confined for no more than fifty years.
 44 33    Sec. 111.  Section 904.108, subsection 1, paragraph d, Code
 44 34 1995, is amended to read as follows:
 44 35    d.  Establish and maintain acceptable standards of
 45  1 treatment, training, education, and rehabilitation in the
 45  2 various state penal and corrective institutions which shall
 45  3 include habilitative services and treatment for mentally
 45  4 retarded offenders with mental retardation.  For the purposes
 45  5 of this paragraph, habilitative services and treatment means
 45  6 medical, mental health, social, educational, counseling, and
 45  7 other services which will assist a mentally retarded person
 45  8 with mental retardation to become self-reliant.  However, the
 45  9 director may also provide rehabilitative treatment and
 45 10 services to other persons who require the services.  The
 45 11 director shall identify all individuals entering the
 45 12 correctional system who are mentally retarded persons with
 45 13 mental retardation, as defined in section 222.2, subsection 3.
 45 14 Identification shall be made by a qualified mental retardation
 45 15 professional in the area of mental retardation.  In assigning
 45 16 a mentally retarded an offender with mental retardation, or an
 45 17 offender with an inadequately developed intelligence or with
 45 18 impaired mental abilities, to a correctional facility, the
 45 19 director shall consider both the program needs and the
 45 20 security needs of the offender.  The director shall consult
 45 21 with the department of human services in providing
 45 22 habilitative services and treatment to mentally ill and
 45 23 mentally retarded offenders with mental illness or mental
 45 24 retardation.
 45 25    Sec. 112.  Section 904.205, Code 1995, is amended to read
 45 26 as follows:
 45 27    904.205  CLARINDA CORRECTIONAL FACILITY.
 45 28    The state correctional facility at Clarinda shall be
 45 29 utilized as a secure men's correctional facility primarily for
 45 30 chemically dependent, mentally retarded, and socially
 45 31 inadequate offenders with chemical dependence, mental
 45 32 retardation, or social inadequacies.
 45 33    Sec. 113.  AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVES TO
 45 34 CODE EDITOR.
 45 35    1.  Sections 7D.15, 15.225, 16.4, 16.9, 16.12, 16.17,
 46  1 16.18, 16.26, 16.155, 21.4, 49.25, 135.64, 216.8A, and 217.8,
 46  2 Code 1995, and sections 303C.4 and 321.1, Code Supplement
 46  3 1995, are amended by striking from the sections the words
 46  4 "persons who are handicapped or disabled", "handicapped or
 46  5 disabled persons", "the handicapped",  "handicapped or
 46  6 disabled individuals",  "handicapped persons", or "disabled
 46  7 persons", and inserting in lieu thereof the words "persons
 46  8 with disabilities".
 46  9    2.  Sections 225C.35, 256B.2, 256B.4, 260C.1, 285.11,
 46 10 403A.7, and 514E.7, Code 1995, and section 216.2, Code
 46 11 Supplement 1995, are amended by striking from the sections the
 46 12 words "handicap" or "handicaps", and inserting in lieu
 46 13 thereof, as appropriate, the words "disability" or
 46 14 "disabilities".
 46 15    3.  Section 256B.4, Code 1995, is amended by striking from
 46 16 the section the words "handicapped children" and inserting in
 46 17 lieu thereof the words "children with disabilities".
 46 18    4.  Sections 216.6, 216.8A, 216C.11, 321.109, 321.124, Code
 46 19 1995, are amended by striking from the sections the words
 46 20 "disabled person" or "disabled or handicapped person", and
 46 21 inserting in lieu thereof the words "person with a
 46 22 disability".
 46 23    5.  Sections 285.10 and 403.17, Code 1995, and section
 46 24 285.1, Code Supplement 1995, are amended by striking from the
 46 25 sections the word "handicapped", and inserting in lieu thereof
 46 26 the words "persons with disabilities,".
 46 27    6.  Sections 422.7 and 422.35, Code Supplement 1995, are
 46 28 amended by striking from the sections the words "A handicapped
 46 29 individual", and inserting in lieu thereof the words "An
 46 30 individual with a disability".
 46 31    7.  Sections 135C.3, 135C.23, 155.1, 218.46, 222.7, 222.55,
 46 32 222.56, 225.5, 226.1, 226.9, 226.30, 227.1, 227.10, 227.11,
 46 33 227.14, 227.15, 229.3, 229.19, 229.44, 230.5, 230.6, 230.8,
 46 34 230.9, 230.10, 230.11, 230.14, 230.18, 230.19, 331.381,
 46 35 331.502, 331.657, 614.8, 904.201, and 904.503, Code 1995, and
 47  1 sections 135.63, 229.1, 230.12, 331.552, 331.653, and 331.756,
 47  2 Code Supplement 1995, are amended by striking from the
 47  3 sections the words "the mentally ill" or "mentally ill
 47  4 persons", and inserting in lieu thereof the words "persons
 47  5 with mental illness".
 47  6    8.  Sections 225C.12, 230.1, 230.31, 448.12, 486.32, 597.6,
 47  7 and 597.9, Code 1995, are amended by striking from the
 47  8 sections the words "mentally ill person", and inserting in
 47  9 lieu thereof the words "person with mental illness".
 47 10    9.  Sections 587.12, 614.19, 614.27, and 633.31, Code 1995,
 47 11 are amended by striking from the sections the words "insane
 47 12 persons" or "insane person", and inserting in lieu thereof, as
 47 13 appropriate, the words "persons with mental illness" or
 47 14 "person with mental illness".
 47 15    10.  Section 681.27, Code 1995, is amended by striking from
 47 16 the section the word "insane" and inserting in lieu thereof
 47 17 the words "mentally ill".
 47 18    11.  Sections 23A.2, 135.64, 135C.23, 155.1, 218.92, 222.6,
 47 19 222.9, 222.10, 222.12, 222.27, 222.34, 222.38, 222.43, 222.45,
 47 20 222.51, 222.56, 222.66, 222.88, 226.8, 249A.2, 331.381,
 47 21 331.502, 335.25, 414.22, and 633.709, Code 1995, and sections
 47 22 135.63, 135C.2, 249A.5, 249A.12, 331.756, and 602.8102, Code
 47 23 Supplement 1995, are amended by striking from the sections the
 47 24 words "the mentally retarded", "mentally retarded persons", or
 47 25 "mentally retarded person", and inserting in lieu thereof, as
 47 26 appropriate, the words "persons with mental retardation" or
 47 27 "person with mental retardation".
 47 28    12.  The Code editor is directed to substitute the words
 47 29 "persons with disabilities" for the words "persons who are
 47 30 handicapped or disabled", "handicapped or disabled persons",
 47 31 "the handicapped", "handicapped or disabled individuals",
 47 32 "handicapped persons", or "disabled persons" when there
 47 33 appears to be no doubt as to the intent to refer to persons
 47 34 with disabilities, except where the term is intended to refer
 47 35 to provisions related to handicapped parking as provided in
 48  1 chapter 321L.
 48  2    13.  The Code editor is directed to substitute the words
 48  3 "disability" or "disabilities" for the words "handicap" or
 48  4 "handicaps" when there appears to be no doubt as to the intent
 48  5 to refer to the condition of a person, except where the term
 48  6 is intended to refer to provisions related to handicapped
 48  7 parking as provided in chapter 321L.
 48  8    14.  The Code editor is directed to substitute the words
 48  9 "children with disabilities" for the words "handicapped
 48 10 children" or "disabled children" when there appears to be no
 48 11 doubt as to the intent to refer to children with disabilities,
 48 12 except where the term is intended to refer to provisions
 48 13 related to handicapped parking as provided in chapter 321L.
 48 14    15.  The Code editor is directed to substitute the words
 48 15 "person with a disability" for the words "disabled person",
 48 16 "handicapped person", "disabled or handicapped person", or
 48 17 "handicapped or disabled person" when there appears to be no
 48 18 doubt as to the intent to refer to a person with a disability,
 48 19 except where the term is intended to refer to provisions
 48 20 related to handicapped parking as provided in chapter 321L.
 48 21    16.  The Code editor is directed to substitute the words
 48 22 "an individual with a disability" for the words "a disabled
 48 23 individual" or "a handicapped individual" when there appears
 48 24 to be no doubt as to the intent to refer to an individual with
 48 25 a disability, except where the term is intended to refer to
 48 26 provisions related to handicapped parking as provided in
 48 27 chapter 321L.
 48 28    17.  The Code editor is directed to substitute the words
 48 29 "persons with mental illness" for the words "the mentally ill"
 48 30 or "mentally ill persons" when there appears to be no doubt as
 48 31 to the intent to refer to persons with mental illness.
 48 32    18.  The Code editor is directed to substitute the words
 48 33 "person with mental illness" for the words "mentally ill
 48 34 persons" when there appears to be no doubt as to the intent to
 48 35 refer to a person with mental illness.
 49  1    19.  The Code editor is directed to substitute the words
 49  2 "persons with mental retardation" for the words "the mentally
 49  3 retarded" or "mentally retarded persons" when there appears to
 49  4 be no doubt as to the intent to refer to persons with mental
 49  5 retardation.
 49  6    20.  The Code editor is directed to substitute the words
 49  7 "person with mental retardation" for the words "mentally
 49  8 retarded person" when there appears to be no doubt as to the
 49  9 intent to refer to a person with mental retardation.
 49 10    21.  The Code editor shall not apply a directive
 49 11 established in this section to a section of the Code which
 49 12 establishes an interstate compact.  
 49 13 SF 2438
 49 14 jp/cc/26

Text: SF02437                           Text: SF02439
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