Text: SSB02326                          Text: SSB02328
Text: SSB02300 - SSB02399               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2327

Conference Committee 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.  A person who is hospitalized or detained for
  1  8 treatment of mental illness shall not be deemed or presumed to
  1  9 be incompetent in the absence of a finding of incompetence
  1 10 made pursuant to section 229.27.
  1 11    39.  WRITTEN – IN WRITING – SIGNATURE.  The words
  1 12 "written" and "in writing" may include any mode of
  1 13 representing words or letters in general use. A signature,
  1 14 when required by law, must be made by the writing or markings
  1 15 of the person whose signature is required. If a person is
  1 16 unable due to a physical handicap disability to make a written
  1 17 signature or mark, that person may substitute either of the
  1 18 following in lieu of a signature required by law:
  1 19    a.  The handicapped person's name of the person with a
  1 20 disability written by another upon the request and in the
  1 21 presence of the handicapped person; or, with a disability.
  1 22    b.  A rubber stamp reproduction of the handicapped person's
  1 23 name or facsimile of the actual signature when adopted by the
  1 24 handicapped person with a disability for all purposes
  1 25 requiring a signature and then only when affixed by that
  1 26 person or another upon request and in the handicapped person's
  1 27 presence of the person with a disability.
  1 28    Sec. 2.  Section 7.14, subsection 3, Code 1995, is amended
  1 29 to read as follows:
  1 30    3.  Whenever a governor who is unable to discharge the
  1 31 duties of the office believes the disability to be removed,
  1 32 the governor may call a conference consisting of the three
  1 33 persons referred to as members of such a conference in
  1 34 subsection 1.  The three members of the conference shall
  1 35 within ten days examine the disabled governor.  Within seven
  2  1 days after the examination they shall conduct a secret ballot
  2  2 and by unanimous vote may find the disability removed.
  2  3    Sec. 3.  Section 15.225, subsection 1, paragraph b, Code
  2  4 1995, is amended to read as follows:
  2  5    b.  A public service employment program for disadvantaged
  2  6 and handicapped youth and youth with disabilities attending
  2  7 school to be known as the "in-school program".
  2  8    Sec. 4.  Section 15.286, subsection 4, paragraph b,
  2  9 subparagraph (3), Code 1995, is amended to read as follows:
  2 10    (3)  Programs to assist persons of lower income, the
  2 11 persons who are disadvantaged, or the disabled persons with
  2 12 disabilities.
  2 13    Sec. 5.  Section 16.1, subsections 7 and 14, Code 1995, are
  2 14 amended by striking the subsections.
  2 15    Sec. 6.  Section 16.1, subsections 13 and 24, Code 1995,
  2 16 are amended to read as follows:
  2 17    13. a.  "Families" includes but is not limited to families
  2 18 consisting of a single adult person who is primarily
  2 19 responsible for the person's own support, is at least sixty-
  2 20 two years of age, is disabled, is handicapped a person with a
  2 21 disability, is displaced, or is the remaining member of a
  2 22 tenant family.
  2 23    b.  "Families" includes but is not limited to two or more
  2 24 persons living together who are at least sixty-two years of
  2 25 age, are disabled, or are handicapped persons with
  2 26 disabilities, or one or more such individuals living with
  2 27 another person who is essential to such individual's care or
  2 28 well-being.
  2 29    24.  "Low or moderate income families" means families who
  2 30 cannot afford to pay enough to cause private enterprise in
  2 31 their locality to build an adequate supply of decent, safe,
  2 32 and sanitary dwellings for their use, and also includes, but
  2 33 is not limited to, (1) elderly families, families in which one
  2 34 or more persons are handicapped or disabled persons with
  2 35 disabilities, lower income families and very low income
  3  1 families, and (2) families purchasing or renting qualified
  3  2 residential housing.
  3  3    Sec. 7.  Section 16.1, Code 1995, is amended by adding the
  3  4 following new subsection:
  3  5    NEW SUBSECTION.  29A.  "Person with a disability" means a
  3  6 person who is unable to engage in any substantial gainful
  3  7 activity by reason of a medically determinable physical or
  3  8 mental impairment, or a person having a physical or mental
  3  9 impairment which is expected to be of long-continued and
  3 10 indefinite duration, substantially impedes the ability to live
  3 11 independently, and is of a nature that the ability to live
  3 12 independently could be improved by more suitable housing
  3 13 conditions.
  3 14    Sec. 8.  Section 16.1, subsection 32, paragraph c, Code
  3 15 1995, is amended to read as follows:
  3 16    c.  Housing for low or moderate income families, elderly
  3 17 families, and families which include one or more persons who
  3 18 are handicapped or disabled with disabilities.
  3 19    Sec. 9.  Section 16.2, subsection 1, unnumbered paragraph
  3 20 1, Code 1995, is amended to read as follows:
  3 21    The Iowa finance authority is established, and constituted
  3 22 a public instrumentality and agency of the state exercising
  3 23 public and essential governmental functions, to undertake
  3 24 programs which assist in attainment of adequate housing for
  3 25 low or moderate income families, elderly families, and
  3 26 families which include one or more persons who are handicapped
  3 27 or disabled with disabilities, and to undertake the Iowa
  3 28 homesteading program, the small business loan program, the
  3 29 export business finance program, and other finance programs.
  3 30 The powers of the authority are vested in and shall be
  3 31 exercised by a board of nine members appointed by the governor
  3 32 subject to confirmation by the senate.  No more than five
  3 33 members shall belong to the same political party.  As far as
  3 34 possible the governor shall include within the membership
  3 35 persons who represent community and housing development
  4  1 industries, housing finance industries, the real estate sales
  4  2 industry, elderly families, minorities, lower income families,
  4  3 very low income families, handicapped and disabled families
  4  4 which include persons with disabilities, average taxpayers,
  4  5 local government, business and international trade interests,
  4  6 and any other person specially interested in community
  4  7 housing, finance, small business, or export business
  4  8 development.
  4  9    Sec. 10.  Section 16.3, subsection 13, Code 1995, is
  4 10 amended to read as follows:
  4 11    13.  There is a need in areas of the state for new
  4 12 construction of certain group homes of fifteen beds or less
  4 13 licensed as health care facilities or child foster care
  4 14 facilities to provide adequate housing and care for elderly
  4 15 and handicapped Iowans and Iowans with disabilities, and to
  4 16 provide adequate housing and foster care for children.
  4 17    Sec. 11.  Section 16.100, subsection 2, paragraph b, Code
  4 18 1995, is amended to read as follows:
  4 19    b.  A home maintenance and repair program providing repair
  4 20 services to elderly, handicapped, or disabled families which
  4 21 include persons who are elderly or persons with disabilities
  4 22 and which qualify as lower income or very low income families.
  4 23    Sec. 12.  Section 19B.2, unnumbered paragraph 2, Code 1995,
  4 24 is amended to read as follows:
  4 25    It is the policy of this state to permit special
  4 26 appointments by bypassing the usual testing procedures for any
  4 27 applicant for whom the division of vocational rehabilitation
  4 28 services of the department of education or the department for
  4 29 the blind has certified the applicant's disability and
  4 30 competence to perform the job.  The department of personnel,
  4 31 in cooperation with the department for the blind and the
  4 32 division of vocational rehabilitation services, shall develop
  4 33 appropriate certification procedures.  This paragraph should
  4 34 not be interpreted to bar promotional opportunities for blind
  4 35 and physically or mentally disabled persons who are blind or
  5  1 persons with physical or mental disabilities.  If this
  5  2 paragraph conflicts with any other provisions of this chapter,
  5  3 the provisions of this paragraph govern.
  5  4    Sec. 13.  Section 34.2, subsection 4, unnumbered paragraph
  5  5 1, Code 1995, is amended to read as follows:
  5  6    A 911 system shall be capable of transmitting requests for
  5  7 law enforcement, fire fighting, and emergency medical and
  5  8 ambulance services to a public safety agency or agencies that
  5  9 provide the requested service at the place where the call
  5 10 originates.  A 911 system may also provide for transmitting
  5 11 requests for emergency management, poison control, suicide
  5 12 prevention, and other emergency services.  The public safety
  5 13 answering point shall be capable of receiving calls from deaf
  5 14 and hard-of-hearing persons through a telecommunications
  5 15 device for the deaf.  Conferencing capability with counseling,
  5 16 aid to handicapped persons with disabilities, and other
  5 17 services as deemed necessary for identifying appropriate
  5 18 emergency response services may be provided by the 911
  5 19 service.
  5 20    Sec. 14.  Section 36.10, subsection 2, paragraph b, Code
  5 21 1995, is amended to read as follows:
  5 22    b.  This exclusion of litigation proceeds from benefit or
  5 23 entitlement program calculations are available only to
  5 24 disabled veterans with disabilities or their beneficiaries,
  5 25 whether payment is received in a lump sum or payable in
  5 26 installments over a period of years.
  5 27    Sec. 15.  Section 48A.2, subsection 3, Code 1995, is
  5 28 amended to read as follows:
  5 29    3.  "Mentally incompetent person" "Person who is mentally
  5 30 incompetent" means a person who has been legally determined to
  5 31 be severely or profoundly mentally retarded, or has been found
  5 32 incompetent in a proceeding held pursuant to section 229.27.
  5 33    Sec. 16.  Section 49.21, unnumbered paragraph 4, Code 1995,
  5 34 is amended to read as follows:
  5 35    In the selection of polling places, preference shall also
  6  1 be given to the use of buildings accessible to elderly and
  6  2 physically disabled persons who are elderly and persons with
  6  3 disabilities.
  6  4    Sec. 17.  Section 49.90, Code 1995, is amended to read as
  6  5 follows:
  6  6    49.90  ASSISTING VOTER.
  6  7    Any voter who may declare upon oath that the voter is
  6  8 blind, cannot read the English language, or is, by reason of
  6  9 any physical disability other than intoxication, unable to
  6 10 cast a vote without assistance, shall, upon request, be
  6 11 assisted by said the two officers as provided in section
  6 12 49.89, or alternatively by any other person the voter may
  6 13 select in casting the vote.  Said The officers, or the person
  6 14 selected by the voter, shall cast the vote of the voter
  6 15 requiring assistance, and shall thereafter give no information
  6 16 regarding the vote cast.  If any elector because of a handicap
  6 17 disability cannot enter the building where the polling place
  6 18 for the elector's precinct of residence is located, the two
  6 19 officers shall take a paper ballot to the vehicle occupied by
  6 20 the handicapped elector with a disability and allow the
  6 21 elector to cast the ballot in the vehicle.  If a handicapped
  6 22 an elector with a disability cannot cast a ballot on a voting
  6 23 machine the elector shall be allowed to cast a paper ballot,
  6 24 which shall be opened immediately after the closing of the
  6 25 polling place by the two precinct election officials
  6 26 designated under section 49.89, who shall register the votes
  6 27 cast thereon on a voting machine in the polling place before
  6 28 the votes cast there are tallied pursuant to section 52.21.
  6 29 To preserve so far as possible the confidentiality of each
  6 30 handicapped elector's ballot of an elector with a disability,
  6 31 the two officers shall proceed substantially in the same
  6 32 manner as provided in section 53.24.  In precincts where all
  6 33 voters use paper ballots, those cast by handicapped voters
  6 34 with disabilities shall be deposited in the regular ballot box
  6 35 and counted in the usual manner.
  7  1    Sec. 18.  Section 70A.20, unnumbered paragraph 1, Code
  7  2 Supplement 1995, is amended to read as follows:
  7  3    A state employees disability insurance program is created,
  7  4 which shall be administered by the director of the department
  7  5 of personnel and which shall provide disability benefits in an
  7  6 amount and for the employees as provided in this section.  The
  7  7 monthly disability benefits shall provide twenty percent of
  7  8 monthly earnings if employed less than one year, forty percent
  7  9 of monthly earnings if employed one year or more but less than
  7 10 two years, and sixty percent of monthly earnings thereafter,
  7 11 reduced by primary and family social security determined at
  7 12 the time social security disability payments commence,
  7 13 railroad retirement disability income, workers' compensation
  7 14 if applicable, and any other state-sponsored sickness or
  7 15 disability benefits payable.  However, the amount of benefits
  7 16 payable under the Iowa public employees' retirement system
  7 17 pursuant to chapter 97B shall not reduce the benefits payable
  7 18 pursuant to this section.  Subsequent social security or
  7 19 railroad retirement increases shall not be used to further
  7 20 reduce the insurance benefits payable.  As used in this
  7 21 section, "primary and family social security" shall not
  7 22 include social security benefits awarded to a disabled an
  7 23 adult child with a disability of the disabled state employee
  7 24 with a disability who does not reside with the disabled state
  7 25 employee with a disability if the social security benefits
  7 26 were awarded to the disabled adult child with a disability
  7 27 prior to the approval of the state employee's benefits under
  7 28 this section, regardless of whether the United States social
  7 29 security administration records the benefits to the social
  7 30 security number of the disabled adult child with a disability,
  7 31 the disabled state employee with a disability, or any other
  7 32 family member, and such social security benefits shall not
  7 33 reduce the benefits payable pursuant to this section.  As used
  7 34 in this section, unless the context otherwise requires,
  7 35 "adult" means a person who is eighteen years of age or older.
  8  1 State employees shall receive credit for the time they were
  8  2 continuously employed prior to and on July 1, 1974.  The
  8  3 following provisions apply to the employees disability
  8  4 insurance program:
  8  5    Sec. 19.  Section 85.38, subsection 2, Code 1995, is
  8  6 amended to read as follows:
  8  7    2.  CREDIT FOR BENEFITS PAID UNDER GROUP PLANS.  In the
  8  8 event the disabled employee with a disability shall receive
  8  9 any benefits, including medical, surgical or hospital
  8 10 benefits, under any group plan covering nonoccupational
  8 11 disabilities contributed to wholly or partially by the
  8 12 employer, which benefits should not have been paid or payable
  8 13 if any rights of recovery existed under this chapter, chapter
  8 14 85A or chapter 85B, then such the amounts so paid to said the
  8 15 employee from any such the group plan shall be credited to or
  8 16 against any compensation payments, including medical, surgical
  8 17 or hospital, made or to be made under this chapter, chapter
  8 18 85A or chapter 85B.  Such The amounts so credited shall be
  8 19 deducted from the payments made under these chapters.  Any
  8 20 nonoccupational plan shall be reimbursed in the amount so
  8 21 deducted.  This section shall not apply to payments made under
  8 22 any group plan which would have been payable even though there
  8 23 was an injury under this chapter or an occupational disease
  8 24 under chapter 85A or an occupational hearing loss under
  8 25 chapter 85B.  Any employer receiving such credit shall keep
  8 26 such the employee safe and harmless from any and all claims or
  8 27 liabilities that may be made against them by reason of having
  8 28 received such the payments only to the extent of such the
  8 29 credit.
  8 30    Sec. 20.  Section 85.45, subsection 4, Code 1995, is
  8 31 amended to read as follows:
  8 32    4.  When a person seeking a commutation is a surviving
  8 33 spouse, a permanently and totally disabled an employee with a
  8 34 permanent and total disability, or a dependent who is entitled
  8 35 to benefits as provided in section 85.31, subsection 1,
  9  1 paragraphs "c" and "d", the future payments which may be
  9  2 commuted shall not exceed the number of weeks which shall be
  9  3 indicated by probability tables designated by the industrial
  9  4 commissioner for death and remarriage, subject to the
  9  5 provisions of chapter 17A.
  9  6    Sec. 21.  Section 85.49, Code 1995, is amended to read as
  9  7 follows:
  9  8    85.49  TRUSTEES FOR INCOMPETENT MINORS AND DEPENDENTS.
  9  9    When a minor or mentally incompetent a dependent who is
  9 10 mentally incompetent is entitled to weekly benefits under this
  9 11 chapter, or chapter 85A or 85B, payment shall be made to the
  9 12 parent, guardian, or conservator, who shall act as trustee,
  9 13 and the money coming into the trustee's hands shall be
  9 14 expended for the use and benefit of the person entitled to it
  9 15 under the direction and orders of a district judge.  The
  9 16 trustee shall qualify and give bond in an amount as the
  9 17 district judge directs, which may be increased or diminished
  9 18 from time to time.
  9 19    If the domicile or residence of such the minor or mentally
  9 20 incompetent dependent be who is mentally incompetent is
  9 21 outside the state of Iowa the industrial commissioner may
  9 22 order and direct that benefits to such the minors or
  9 23 incompetents dependents be paid to a guardian, conservator, or
  9 24 legal representative duly qualified under the laws of the
  9 25 jurisdiction wherein the minors or incompetents dependents
  9 26 shall be domiciled or reside. Proof of the identity and
  9 27 qualification of such the guardian, conservator, or other
  9 28 legal representative shall be furnished to the industrial
  9 29 commissioner.
  9 30    Sec. 22.  Section 85.68, Code 1995, is amended to read as
  9 31 follows:
  9 32    85.68  ACTIONS.
  9 33    The treasurer of state, on behalf of the second injury fund
  9 34 created under this division, shall have a cause of action
  9 35 under section 85.22 to the same extent as an employer against
 10  1 any person not in the same employment by reason of whose
 10  2 negligence or wrong the subsequent injury of the previously
 10  3 disabled person with the previous disability was caused.  The
 10  4 action shall be brought by the treasurer of state on behalf of
 10  5 the fund, and any recovery, less the necessary and reasonable
 10  6 expenses incurred by the treasurer of state, shall be paid to
 10  7 the treasurer of state and credited to the fund.
 10  8    Sec. 23.  Section 85.69, Code 1995, is amended to read as
 10  9 follows:
 10 10    85.69  FEDERAL CONTRIBUTIONS.
 10 11    The treasurer of state is hereby authorized to receive and
 10 12 credit to said the second injury fund any sum or sums that may
 10 13 at any time be contributed to the state by the United States
 10 14 or any agency thereof, under any Act of Congress or otherwise,
 10 15 to which the state may be or become entitled by reason of any
 10 16 payments made to any previously disabled person with a
 10 17 previous disability out of said the fund.
 10 18    Sec. 24.  Section 135.11, subsection 19, Code 1995, is
 10 19 amended to read as follows:
 10 20    19.  Administer the statewide maternal and child health
 10 21 program and the crippled children's program for children with
 10 22 disabilities by conducting mobile and regional child health
 10 23 specialty clinics and conducting other activities to improve
 10 24 the health of low-income women and children and to promote the
 10 25 welfare of children with actual or potential handicapping
 10 26 conditions which may cause disabilities and children with
 10 27 chronic illnesses in accordance with the requirements of Title
 10 28 V of the federal Social Security Act.  The department shall
 10 29 provide technical assistance to encourage the coordination and
 10 30 collaboration of state agencies in developing outreach centers
 10 31 which provide publicly supported services for pregnant women,
 10 32 infants, and children.  The department shall also, through
 10 33 cooperation and collaborative agreements with the department
 10 34 of human services and the mobile and regional child health
 10 35 specialty clinics, establish common intake proceedings for
 11  1 maternal and child health services.  The department shall work
 11  2 in cooperation with the legislative fiscal bureau in
 11  3 monitoring the effectiveness of the maternal and child health
 11  4 centers, including the provision of transportation for patient
 11  5 appointments and the keeping of scheduled appointments.
 11  6    Sec. 25.  Section 135C.1, subsections 6, 8, and 9, Code
 11  7 1995, are amended to read as follows:
 11  8    6.  "Health care facility" or "facility" means a
 11  9 residential care facility, a nursing facility, an intermediate
 11 10 care facility for the mentally ill persons with mental
 11 11 illness, or an intermediate care facility for the mentally
 11 12 retarded persons with mental retardation.
 11 13    8.  "Intermediate care facility for the mentally ill
 11 14 persons with mental illness" means an institution, place,
 11 15 building, or agency designed to provide accommodation, board,
 11 16 and nursing care for a period exceeding twenty-four
 11 17 consecutive hours to three or more individuals, who primarily
 11 18 have mental illness and who are not related to the
 11 19 administrator or owner within the third degree of
 11 20 consanguinity.
 11 21    9.  "Intermediate care facility for the mentally retarded
 11 22 persons with mental retardation" means an institution or
 11 23 distinct part of an institution with a primary purpose to
 11 24 provide health or rehabilitative services to three or more
 11 25 individuals, who primarily have mental retardation or a
 11 26 related condition and who are not related to the administrator
 11 27 or owner within the third degree of consanguinity, and which
 11 28 meets the requirements of this chapter and federal standards
 11 29 for intermediate care facilities for the mentally retarded
 11 30 persons with mental retardation established pursuant to the
 11 31 federal Social Security Act, } 1905(c)(d), as codified in 42
 11 32 U.S.C. } 1936d which are contained in 42 C.F.R. pt. 483,
 11 33 subpt.  D, } 410-480.
 11 34    Sec. 26.  Section 135C.2, subsection 3, paragraph b, Code
 11 35 Supplement 1995, is amended to read as follows:
 12  1    b.  The department may also establish by administrative
 12  2 rule special classifications within the residential care
 12  3 facility, intermediate care facility for the mentally ill
 12  4 persons with mental illness, intermediate care facility for
 12  5 the mentally retarded persons with mental retardation, or
 12  6 nursing facility categories, for facilities intended to serve
 12  7 individuals who have special health care problems or
 12  8 conditions in common.  Rules establishing a special
 12  9 classification shall define the problem or condition to which
 12 10 the special classification is relevant and establish
 12 11 requirements for an approved program of care commensurate with
 12 12 the problem or condition.  The rules may grant special
 12 13 variances or considerations to facilities licensed within the
 12 14 special classification.
 12 15    Sec. 27.  Section 135C.2, subsection 5, paragraph g, Code
 12 16 Supplement 1995, is amended to read as follows:
 12 17    g.  The facilities licensed under this subsection shall be
 12 18 eligible for funding utilized by other licensed residential
 12 19 care facilities for the mentally retarded persons with mental
 12 20 retardation, or licensed residential care facilities for the
 12 21 mentally ill person with mental illness, including but not
 12 22 limited to funding under or from the federal social services
 12 23 block grant, the state supplementary assistance program, state
 12 24 mental health and developmental disabilities services funds,
 12 25 and county funding provisions.
 12 26    Sec. 28.  Section 216.6, subsection 1, paragraph c,
 12 27 unnumbered paragraph 2, Code 1995, is amended to read as
 12 28 follows:
 12 29    An employer, employment agency, or their employees,
 12 30 servants or agents may offer employment or advertise for
 12 31 employment to only the disabled persons with disabilities,
 12 32 when other applicants have available to them, other employment
 12 33 compatible with their ability which would not be available to
 12 34 the disabled persons with disabilities because of their
 12 35 handicap disabilities.  Any such employment or offer of
 13  1 employment shall not discriminate among the disabled persons
 13  2 with disabilities on the basis of race, color, creed, sex or
 13  3 national origin.
 13  4    Sec. 29.  Section 216.8A, subsection 3, paragraph d, Code
 13  5 1995, is amended to read as follows:
 13  6    d.  Compliance with the appropriate requirements of the
 13  7 American national standard for buildings and facilities pro-
 13  8 viding accessibility and usability for physically handicapped
 13  9 people persons with disabilities, commonly cited as "ANSI A
 13 10 117.1", satisfies the requirements of paragraph "c",
 13 11 subparagraph (3), subparagraph subdivision (c).
 13 12    Sec. 30.  Section 216.14, Code 1995, is amended to read as
 13 13 follows:
 13 14    216.14  PROMOTION OR TRANSFER.
 13 15    After a handicapped individual person with a disability is
 13 16 employed, the employer shall not be required under this
 13 17 chapter to promote or transfer such handicapped the person to
 13 18 another job or occupation, unless, prior to such the transfer,
 13 19 such handicapped the person with the disability, by training
 13 20 or experience, is qualified for such the job or occupation.
 13 21 Any collective bargaining agreement between an employer and
 13 22 labor organization shall contain this section as part of such
 13 23 the agreement.
 13 24    Sec. 31.  Section 216B.3, subsection 9, Code Supplement
 13 25 1995, is amended to read as follows:
 13 26    9.  Provide library services to blind and physically
 13 27 handicapped persons who are blind and persons with physical
 13 28 disabilities.
 13 29    Sec. 32.  Section 216B.4, unnumbered paragraph 1, Code
 13 30 1995, is amended to read as follows:
 13 31    The administrator may accept financial aid from the
 13 32 government of the United States for carrying out
 13 33 rehabilitation and physical restoration of the blind and for
 13 34 providing library services to the blind and physically
 13 35 handicapped persons who are blind and persons with physical
 14  1 disabilities.
 14  2    Sec. 33.  Section 216C.1, Code 1995, is amended to read as
 14  3 follows:
 14  4    216C.1  PARTICIPATION BY PERSONS WITH DISABILITIES.
 14  5    It is the policy of this state to encourage and enable the
 14  6 persons who are blind, the or partially blind and the
 14  7 physically disabled persons with physical disabilities to
 14  8 participate fully in the social and economic life of the state
 14  9 and to engage in remunerative employment.
 14 10    To encourage participation by the disabled persons with
 14 11 disabilities, it is the policy of this state to ensure
 14 12 compliance with federal requirements concerning persons with
 14 13 disabilities.
 14 14    Sec. 34.  Section 216C.2, Code 1995, is amended to read as
 14 15 follows:
 14 16    216C.2  PUBLIC EMPLOYMENT.
 14 17    The Persons who are blind, the or partially blind and the
 14 18 physically disabled persons with physical disabilities shall
 14 19 be employed in the state service, the service of the political
 14 20 subdivisions of the state, the public schools, and all other
 14 21 employment supported in whole or in part by public funds, on
 14 22 the same terms and conditions as the able bodied other
 14 23 persons, unless it is shown that the particular disability
 14 24 prevents the performance of the work required.
 14 25    Sec. 35.  Section 216C.3, Code 1995, is amended to read as
 14 26 follows:
 14 27    216C.3  FREE USE OF PUBLIC FACILITIES.
 14 28    The Persons who are blind, the or partially blind and the
 14 29 physically disabled persons with physical disabilities have
 14 30 the same right as the able bodied other persons to the full
 14 31 and free use of the streets, highways, sidewalks, walkways,
 14 32 public buildings, public elevators, public facilities and
 14 33 other public places.
 14 34    Sec. 36.  Section 216C.4, Code 1995, is amended to read as
 14 35 follows:
 15  1    216C.4  ACCOMMODATIONS.
 15  2    The Persons who are blind, the or partially blind and the
 15  3 physically disabled persons with physical disabilities are
 15  4 entitled to full and equal accommodations, facilities, and
 15  5 privileges of all common carriers, airplanes, motor vehicles,
 15  6 railroad trains, motorbuses, streetcars, boats, other public
 15  7 conveyances or modes of transportation, hotels, lodging
 15  8 places, eating places, places of public accommodation,
 15  9 amusement, or resort, and other places to which the general
 15 10 public is invited, subject only to the conditions and
 15 11 limitations established by law and applicable alike to all
 15 12 persons.
 15 13    Sec. 37.  Section 216C.8, Code 1995, is amended to read as
 15 14 follows:
 15 15    216C.8  WHITE CANE SAFETY DAY.
 15 16    The governor shall annually take suitable public notice of
 15 17 October 15 as white cane safety day.  The governor shall issue
 15 18 a proclamation commenting upon the significance of the white
 15 19 cane; calling upon the citizens to observe the provisions of
 15 20 this chapter and sections 321.332 and 321.333 and to take
 15 21 precautions necessary for the safety of the disabled persons
 15 22 with disabilities; reminding the citizens of the policies
 15 23 herein declared and urging the citizens to co-operate
 15 24 cooperate in giving effect to them; and emphasizing the need
 15 25 of the citizens to be aware of the presence of disabled
 15 26 persons with disabilities in the community and to offer
 15 27 assistance to disabled persons with disabilities upon
 15 28 appropriate occasions.
 15 29    Sec. 38.  Section 216C.9, subsection 1, Code 1995, is
 15 30 amended to read as follows:
 15 31    1.  Curbs constructed along any public street in this
 15 32 state, when the street is paralleled or intersected by
 15 33 sidewalks, or when city ordinances or other lawful regulations
 15 34 will require the construction of sidewalks parallel to or
 15 35 intersecting the street, shall be constructed with not less
 16  1 than two curb cuts or ramps per lineal block which shall be
 16  2 located on or near the crosswalks at intersections.  Each curb
 16  3 cut or ramp shall be at least thirty inches wide, shall be
 16  4 sloped at not greater than one inch of rise per twelve inches
 16  5 lineal distance, except that a slope no greater than one inch
 16  6 of rise per eight inches lineal distance may be used where
 16  7 necessary, shall have a nonskid surface, and shall otherwise
 16  8 be so constructed as to allow reasonable access to the
 16  9 crosswalk for physically handicapped persons with physical
 16 10 disabilities using the sidewalk.
 16 11    Sec. 39.  Section 217.1, Code 1995, is amended to read as
 16 12 follows:
 16 13    217.1  PROGRAMS OF DEPARTMENT.
 16 14    There is established a department of human services to
 16 15 administer programs designed to improve the well-being and
 16 16 productivity of the people of the state of Iowa.  The
 16 17 department shall concern itself with the problems of human
 16 18 behavior, adjustment, and daily living through the
 16 19 administration of programs of family, child, and adult
 16 20 welfare, economic assistance including costs of medical care,
 16 21 rehabilitation toward self-care and support, delinquency
 16 22 prevention and control, treatment and rehabilitation of
 16 23 juvenile offenders, care and treatment of the mentally ill and
 16 24 mentally retarded persons with mental illness or mental
 16 25 retardation, and other related programs as provided by law.
 16 26    Sec. 40.  Section 218.95, Code 1995, is amended to read as
 16 27 follows:
 16 28    218.95  SYNONYMOUS TERMS.
 16 29    For purposes of construing the provisions of this and the
 16 30 following subtitles of this title and chapters 16, 35B, 347B,
 16 31 709A, 904, 913, and 914 relating to the mentally ill persons
 16 32 with mental illness and reconciling same these provisions with
 16 33 other former and present provisions of statute, the following
 16 34 terms shall be considered synonymous:
 16 35    1.  "Mentally ill" and "insane", except that the
 17  1 hospitalization or detention of any person for treatment of
 17  2 mental illness shall not constitute a finding or create a
 17  3 presumption that the individual is legally insane in the
 17  4 absence of a finding of incompetence made pursuant to section
 17  5 229.27;
 17  6    2.  "Mental defectives" and "mentally retarded";
 17  7    3.  "Feeble-minded" and "mentally retarded";
 17  8    4.  "Defectiveness" and "retardation";
 17  9    5. 2.  "Parole" and "convalescent leave";.
 17 10    6. 3.  "Resident" and "patient";.
 17 11    7. 4.  "Escape" and "depart without proper authorization"..
 17 12    8. 5.  "Warrant" and "order of admission";.
 17 13    9. 6.  "Escapee" and "patient";.
 17 14    10. 7.  "Sane" and "in good mental health";.
 17 15    11.  "Commissioners of insanity" and "commissioners of
 17 16 hospitalization";
 17 17    12.  "Idiot" and "mental retardate";
 17 18    13.  "Recapture" and "take into protective custody";
 17 19    14. 8.  "Asylum" and "hospital";.
 17 20    15. 9.  "Commitment" and "admission".
 17 21    It is hereby declared to be the policy of the general
 17 22 assembly that words which have come to have a degrading
 17 23 meaning shall not be employed in institutional records having
 17 24 reference to the mentally afflicted persons with various
 17 25 mental conditions and that in all such records pertaining to
 17 26 persons with various mental conditions the less discriminatory
 17 27 of the foregoing synonyms shall be employed.
 17 28    Sec. 41.  Section 220A.1, Code 1995, is amended to read as
 17 29 follows:
 17 30    220A.1  PURPOSE.
 17 31    The purpose of this chapter is to permit information
 17 32 concerning persons who are believed to be mentally handicapped
 17 33 have mental disabilities to be efficiently used by and
 17 34 exchanged among the state and local governments, their
 17 35 departments and agencies, and with other public or private
 18  1 agencies, where the use or exchange of the information is for
 18  2 the purpose of assisting any of the agencies in providing
 18  3 care, evaluation, services, assistance, education, or
 18  4 habilitation to such persons.
 18  5    Sec. 42.  Section 220A.4, Code 1995, is amended to read as
 18  6 follows:
 18  7    220A.4  AGENCIES INVOLVED.
 18  8    The service shall receive from and make available to the
 18  9 following state agencies case information on persons who are
 18 10 believed to be mentally handicapped have mental disabilities:
 18 11 The the Iowa department of public health, the department of
 18 12 education, the state board of regents, and the department of
 18 13 human services.
 18 14    Sec. 43.  Section 220A.6, Code 1995, is amended to read as
 18 15 follows:
 18 16    220A.6  INFORMATION TO OTHERS.
 18 17    The state agencies designated in section 220A.4 may receive
 18 18 from and disseminate to other public agencies or private
 18 19 agencies such information as is necessary or proper for the
 18 20 purpose of providing evaluation services, treatment services,
 18 21 education, support or habilitation services to the mentally
 18 22 handicapped person with a mental disability.  The enumerated
 18 23 state agencies or their designated staff shall be authorized
 18 24 to make determination of the proper receipt or dissemination
 18 25 of information to other public or private agencies.
 18 26    Sec. 44.  Section 220A.7, Code 1995, is amended to read as
 18 27 follows:
 18 28    220A.7  RESTRICTIONS NOT APPLICABLE.
 18 29    Any law or departmental rule of the state of Iowa which
 18 30 restricts or declares confidential information concerning
 18 31 persons who are believed to be mentally handicapped have
 18 32 mental disabilities shall not apply to information exchanged
 18 33 through the service for the purposes of this chapter.
 18 34 Information supplied under a restriction by the government of
 18 35 the United States, its departments or agencies, or by other
 19  1 state government, its departments and agencies, shall be
 19  2 processed in compliance with such restrictions.  Any case
 19  3 information restricted by any order of court shall be
 19  4 processed in compliance with the order.
 19  5    Sec. 45.  Section 222.16, Code 1995, is amended to read as
 19  6 follows:
 19  7    222.16  PETITION FOR ADJUDICATION OF MENTAL RETARDATION.
 19  8    A petition for the adjudication of the mental retardation
 19  9 of a person within the meaning of this chapter may, with the
 19 10 permission of the court be filed without fee against such a
 19 11 person with the clerk of the district court of the county or
 19 12 city in which such alleged mentally retarded the person who is
 19 13 alleged to have mental retardation resides or is found.  The
 19 14 petition may be filed by any relative of such the person, by a
 19 15 guardian, or by any reputable citizen of the county of such
 19 16 residence or of such place of finding where the person who is
 19 17 alleged to have mental retardation resides or is found.
 19 18    Sec. 46.  Section 222.18, unnumbered paragraph 2, Code
 19 19 1995, is amended to read as follows:
 19 20    Upon the filing of the petition, the court shall enter an
 19 21 order directing the county attorney of the county in which the
 19 22 allegedly mentally retarded person who is alleged to have
 19 23 mental retardation resides to make a full investigation
 19 24 regarding the financial condition of that person and of those
 19 25 persons legally liable for that person's support under section
 19 26 222.78.
 19 27    Sec. 47.  Section 222.21, Code 1995, is amended to read as
 19 28 follows:
 19 29    222.21  ORDER REQUIRING ATTENDANCE.
 19 30    If the person alleged to be mentally retarded have mental
 19 31 retardation is not before the court, the court may issue an
 19 32 order requiring the person, who has the care, custody, and
 19 33 control of the alleged mentally retarded person who is alleged
 19 34 to have mental retardation to bring said alleged mentally
 19 35 retarded the person into court at the time and place stated in
 20  1 said the order.
 20  2    Sec. 48.  Section 222.22, Code 1995, is amended to read as
 20  3 follows:
 20  4    222.22  TIME OF APPEARANCE.
 20  5    The time of appearance shall not be less than five days
 20  6 after completed service unless the court orders otherwise.
 20  7 Appearance on behalf of such alleged mentally retarded the
 20  8 person who is alleged to have mental retardation may be made
 20  9 by any citizen of the county or by any relative.  The district
 20 10 court shall assign counsel for the alleged mentally retarded
 20 11 person who is alleged to have mental retardation.  Counsel
 20 12 shall prior to proceedings personally consult with such the
 20 13 person who is alleged to have mental retardation unless the
 20 14 judge appointing such counsel certifies that in the judge's
 20 15 opinion, such consultation shall serve no useful purpose.
 20 16 Such The certification shall be made a part of the record.  An
 20 17 attorney so assigned by the court shall receive such
 20 18 compensation as the district court shall fix to be paid in the
 20 19 first instance by the county.
 20 20    Sec. 49.  Section 222.25, Code 1995, is amended to read as
 20 21 follows:
 20 22    222.25  CUSTODY PENDING HEARING.
 20 23    Pending final hearing, the court may at any time after the
 20 24 filing of the petition and on satisfactory showing that it is
 20 25 in the best interest of the alleged mentally retarded person
 20 26 who is alleged to have mental retardation and of the community
 20 27 that such the person be at once taken into custody, or that
 20 28 service of notice will be ineffectual if the person is not
 20 29 taken into custody, issue an order for the immediate
 20 30 production of such the person before the court.  In such case,
 20 31 the court may make any proper order for the custody or
 20 32 confinement of such the person as will protect the person and
 20 33 the community and insure the presence of such the person at
 20 34 the hearing.  Such The person shall not be confined with those
 20 35 accused or convicted of crime.
 21  1    Sec. 50.  Section 222.50, Code 1995, is amended to read as
 21  2 follows:
 21  3    222.50  COUNTY OF LEGAL SETTLEMENT TO PAY.
 21  4    When the proceedings are instituted in a county in which
 21  5 the alleged mentally retarded person who is alleged to have
 21  6 mental retardation was found but which is not the county of
 21  7 legal settlement of the person, and the costs are not taxed to
 21  8 the petitioner, the county which is the legal settlement of
 21  9 such the person shall, on presentation of a properly itemized
 21 10 bill for such costs, repay the same costs to the former
 21 11 county.  When the person's legal settlement is outside the
 21 12 state or is unknown, the costs shall be paid out of money in
 21 13 the state treasury not otherwise appropriated, itemized on
 21 14 vouchers executed by the auditor of the county which paid the
 21 15 costs, and approved by the administrator.
 21 16    Sec. 51.  Section 222.80, Code 1995, is amended to read as
 21 17 follows:
 21 18    222.80  LIABILITY TO COUNTY.
 21 19    Any A person admitted or committed to a county institution
 21 20 or home or admitted or committed at county expense to any a
 21 21 private hospital, sanitarium, or other facility for treatment,
 21 22 training, instruction, care, habilitation, and support as a
 21 23 mentally retarded patient thereof with mental retardation
 21 24 shall be liable to the county for the reasonable cost of such
 21 25 the support as provided in section 222.78.
 21 26    Sec. 52.  Section 222.88, subsection 1, Code 1995, is
 21 27 amended to read as follows:
 21 28    1.  Psychiatric and related services to mentally retarded
 21 29 children with mental retardation and adults who are also
 21 30 emotionally disturbed or otherwise mentally ill.
 21 31    Sec. 53.  Section 225C.21, subsection 1, Code 1995, is
 21 32 amended to read as follows:
 21 33    1.  As used in this section, "community, supervised
 21 34 apartment living arrangement" means the provision of a
 21 35 residence in a noninstitutional setting to mentally ill,
 22  1 mentally retarded, or developmentally disabled adults with
 22  2 mental illness, mental retardation, or developmental
 22  3 disabilities who are capable of living semi-independently but
 22  4 require minimal supervision.
 22  5    Sec. 54.  Section 227.2, subsection 1, unnumbered paragraph
 22  6 1, Code 1995, is amended to read as follows:
 22  7    The director of inspections and appeals shall make, or
 22  8 cause to be made, at least one licensure inspection each year
 22  9 of every county care facility.  Either the administrator of
 22 10 the division or the director of inspections and appeals, in
 22 11 co-operation cooperation with each other, upon receipt of a
 22 12 complaint or for good cause, may make, or cause to be made, a
 22 13 review of a county care facility or of any other private or
 22 14 county institution where mentally ill or mentally retarded
 22 15 persons with mental illness or mental retardation reside.  A
 22 16 licensure inspection or a review shall be made by a competent
 22 17 and disinterested person who is acquainted with and interested
 22 18 in the care of mentally ill and mentally retarded persons with
 22 19 mental illness and persons with mental retardation.  The
 22 20 objective of a licensure inspection or a review shall be an
 22 21 evaluation of the programming and treatment provided by the
 22 22 facility.  After each licensure inspection of a county care
 22 23 facility, the person who made the inspection shall consult
 22 24 with the county authorities on plans and practices that will
 22 25 improve the care given patients and shall make recommendations
 22 26 to the administrator of the division and the director of
 22 27 public health for co-ordinating coordinating and improving the
 22 28 relationships between the administrators of county care
 22 29 facilities, the administrator of the division, the director of
 22 30 public health, the superintendents of state mental health
 22 31 institutes and hospital-schools, community mental health
 22 32 centers, and other co-operating cooperating agencies, to cause
 22 33 improved and more satisfactory care of patients.  A written
 22 34 report of each licensure inspection of a county care facility
 22 35 under this section shall be filed with the administrator of
 23  1 the division and the director of public health and shall
 23  2 include:
 23  3    Sec. 55.  Section 227.2, subsection 1, paragraph g, Code
 23  4 1995, is amended to read as follows:
 23  5    g.  Any failure to comply with standards adopted under
 23  6 section 227.4 for care of mentally ill and mentally retarded
 23  7 persons with mental illness and persons with mental
 23  8 retardation in county care facilities, which is not covered in
 23  9 information submitted pursuant to paragraphs "a" to "f", and
 23 10 any other matters which the director of public health, in
 23 11 consultation with the administrator of the division, may
 23 12 require.
 23 13    Sec. 56.  Section 227.2, subsection 4, paragraphs a and b,
 23 14 Code 1995, are amended to read as follows:
 23 15    a.  It is the responsibility of the state to secure the
 23 16 annual evaluation for each person who is on convalescent leave
 23 17 or who has not been discharged from a state mental health
 23 18 institute.  It is the responsibility of the county to secure
 23 19 the annual evaluation for all other mentally ill persons with
 23 20 mental illness in the county care facility.
 23 21    b.  It is the responsibility of the state to secure the
 23 22 annual evaluation for each person who is on leave and has not
 23 23 been discharged from a state hospital-school.  It is the
 23 24 responsibility of the county to secure the annual evaluation
 23 25 for all other mentally retarded persons with mental
 23 26 retardation in the county care facility.
 23 27    Sec. 57.  Section 227.6, Code 1995, is amended to read as
 23 28 follows:
 23 29    227.6  REMOVAL OF RESIDENTS.
 23 30    If a county care facility fails to comply with rules and
 23 31 standards adopted under this chapter, the administrator may
 23 32 remove all mentally ill and mentally retarded persons with
 23 33 mental illness and all persons with mental retardation cared
 23 34 for in the county care facility at public expense, to the
 23 35 proper state mental health institute or hospital-school, or to
 24  1 some private or county institution or hospital for the care of
 24  2 the mentally ill or mentally retarded persons with mental
 24  3 illness or mental retardation that has complied with the rules
 24  4 prescribed by the administrator.  Residents being transferred
 24  5 to a state mental health institute or hospital-school shall be
 24  6 accompanied by an attendant or attendants sent from the
 24  7 institute or hospital-school.  If a resident is transferred
 24  8 under this section, at least one attendant shall be of the
 24  9 same sex.  If the administrator finds that the needs of
 24 10 mentally ill and mentally retarded residents with mental
 24 11 illness and residents with mental retardation of any other
 24 12 county or private institution are not being adequately met,
 24 13 those residents may be removed from that institution upon
 24 14 order of the administrator.
 24 15    Sec. 58.  Section 229.1, subsection 14, Code Supplement
 24 16 1995, is amended to read as follows:
 24 17    14.  "Seriously mentally impaired" or "serious mental
 24 18 impairment" describes the condition of a person who is
 24 19 afflicted with mental illness and because of that illness
 24 20 lacks sufficient judgment to make responsible decisions with
 24 21 respect to the person's hospitalization or treatment, and who
 24 22 because of that illness meets any of the following criteria:
 24 23    a.  Is likely to physically injure the person's self or
 24 24 others if allowed to remain at liberty without treatment.
 24 25    b.  Is likely to inflict serious emotional injury on
 24 26 members of the person's family or others who lack reasonable
 24 27 opportunity to avoid contact with the afflicted person with
 24 28 mental illness if the afflicted person with mental illness is
 24 29 allowed to remain at liberty without treatment.
 24 30    c.  Is unable to satisfy the person's needs for
 24 31 nourishment, clothing, essential medical care, or shelter so
 24 32 that it is likely that the person will suffer physical injury,
 24 33 physical debilitation, or death.
 24 34    Sec. 59.  Section 229.26, Code 1995, is amended to read as
 24 35 follows:
 25  1    229.26  EXCLUSIVE PROCEDURE FOR INVOLUNTARY
 25  2 HOSPITALIZATION.
 25  3    Sections 229.6 through 229.19 constitute the exclusive
 25  4 procedure for involuntary hospitalization of persons by reason
 25  5 of serious mental impairment in this state, except that this
 25  6 chapter does not negate the provisions of section 904.503
 25  7 relating to transfer of mentally ill prisoners with mental
 25  8 illness to state hospitals for the mentally ill persons with
 25  9 mental illness and does not apply to commitments of persons
 25 10 under chapter 812 or the rules of criminal procedure, Iowa
 25 11 court rules, 2d ed., or negate the provisions of section
 25 12 232.51 relating to disposition of mentally ill or mentally
 25 13 retarded children with mental illness or mental retardation.
 25 14    Sec. 60.  Section 229.38, Code 1995, is amended to read as
 25 15 follows:
 25 16    229.38  CRUELTY OR OFFICIAL MISCONDUCT.
 25 17    If any person having the care of a mentally ill person with
 25 18 mental illness who has voluntarily entered a hospital or other
 25 19 facility for treatment or care, or who is responsible for
 25 20 psychiatric examination care, treatment and maintenance of any
 25 21 person involuntarily hospitalized under sections 229.6 to
 25 22 229.15, whether in a hospital or elsewhere, with or without
 25 23 proper authority, shall treat such patient with unnecessary
 25 24 severity, harshness, or cruelty, or in any way abuse the
 25 25 patient or if any person unlawfully detains or deprives of
 25 26 liberty any mentally ill or allegedly mentally ill person with
 25 27 mental illness or any person who is alleged to have mental
 25 28 illness, or if any officer required by the provisions of this
 25 29 chapter and chapters 226 and 227, to perform any act shall
 25 30 willfully refuse or neglect to perform the same, the offending
 25 31 person shall, unless otherwise provided, be guilty of a
 25 32 serious misdemeanor.
 25 33    Sec. 61.  Section 230.15, Code 1995, is amended to read as
 25 34 follows:
 25 35    230.15  PERSONAL LIABILITY.
 26  1    A mentally ill person with mental illness and a person
 26  2 legally liable for the person's support remain liable for the
 26  3 support of the mentally ill person with mental illness as
 26  4 provided in this section.  Persons legally liable for the
 26  5 support of a mentally ill person with mental illness include
 26  6 the spouse of the mentally ill person, any person bound by
 26  7 contract for support of the mentally ill person, and, with
 26  8 respect to mentally ill persons with mental illness under
 26  9 eighteen years of age only, the father and mother of the
 26 10 mentally ill person.  The county auditor, subject to the
 26 11 direction of the board of supervisors, shall enforce the
 26 12 obligation created in this section as to all sums advanced by
 26 13 the county.  The liability to the county incurred by a
 26 14 mentally ill person with mental illness or a person legally
 26 15 liable for the person's support under this section is limited
 26 16 to an amount equal to one hundred percent of the cost of care
 26 17 and treatment of the mentally ill person with mental illness
 26 18 at a state mental health institute for one hundred twenty days
 26 19 of hospitalization.  This limit of liability may be reached by
 26 20 payment of the cost of care and treatment of the mentally ill
 26 21 person with mental illness subsequent to a single admission or
 26 22 multiple admissions to a state mental health institute or, if
 26 23 the person is not discharged as cured, subsequent to a single
 26 24 transfer or multiple transfers to a county care facility
 26 25 pursuant to section 227.11.  After reaching this limit of
 26 26 liability, a mentally ill person with mental illness or a
 26 27 person legally liable for the person's support is liable to
 26 28 the county for the care and treatment of the mentally ill
 26 29 person with mental illness at a state mental health institute
 26 30 or, if transferred but not discharged as cured, at a county
 26 31 care facility in an amount not in excess of the average
 26 32 minimum cost of the maintenance of a physically and mentally
 26 33 healthy an individual who is physically and mentally healthy
 26 34 residing in the individual's own home, which standard shall be
 26 35 established and may from time to time be revised by the
 27  1 department of human services.  A lien imposed by section
 27  2 230.25 shall not exceed the amount of the liability which may
 27  3 be incurred under this section on account of any mentally ill
 27  4 a person with mental illness.
 27  5    A substance abuser or chronic substance abuser is legally
 27  6 liable for the total amount of the cost of providing care,
 27  7 maintenance, and treatment for the substance abuser or chronic
 27  8 substance abuser while a voluntary or committed patient.  When
 27  9 a portion of the cost is paid by a county, the substance
 27 10 abuser or chronic substance abuser is legally liable to the
 27 11 county for the amount paid.  The substance abuser or chronic
 27 12 substance abuser shall assign any claim for reimbursement
 27 13 under any contract of indemnity, by insurance or otherwise,
 27 14 providing for the abuser's care, maintenance, and treatment in
 27 15 a state hospital to the state.  Any payments received by the
 27 16 state from or on behalf of a substance abuser or chronic
 27 17 substance abuser shall be in part credited to the county in
 27 18 proportion to the share of the costs paid by the county.
 27 19 Nothing in this section shall be construed to prevent a
 27 20 relative or other person from voluntarily paying the full
 27 21 actual cost or any portion of the care and treatment of any
 27 22 mentally ill person with mental illness, substance abuser, or
 27 23 chronic substance abuser as established by the department of
 27 24 human services.
 27 25    Sec. 62.  Section 230.33, Code 1995, is amended to read as
 27 26 follows:
 27 27    230.33  RECIPROCAL AGREEMENTS.
 27 28    The administrator of the division is hereby authorized to
 27 29 enter into agreements with other states, through their duly
 27 30 constituted authorities, to effect the reciprocal return of
 27 31 mentally ill and mentally retarded persons with mental illness
 27 32 and persons with mental retardation to the contracting states,
 27 33 and to effect the reciprocal supervision of persons on
 27 34 convalescent leave.
 27 35    Provided that in the case of a proposed transfer of a
 28  1 mentally ill or mentally retarded person with mental illness
 28  2 or mental retardation from this state that no final action be
 28  3 taken without the approval either of the commission of
 28  4 hospitalization, or of the district court, of the county of
 28  5 admission or commitment.
 28  6    Sec. 63.  Section 232.51, Code 1995, is amended to read as
 28  7 follows:
 28  8    232.51  DISPOSITION OF MENTALLY ILL OR MENTALLY RETARDED
 28  9 CHILD WITH MENTAL ILLNESS OR MENTAL RETARDATION.
 28 10    If the evidence received at an adjudicatory or a
 28 11 dispositional hearing indicates that the child is mentally
 28 12 ill, the court may direct the juvenile court officer or the
 28 13 department to initiate proceedings or to assist the child's
 28 14 parent or guardian to initiate civil commitment proceedings in
 28 15 the juvenile court.  These proceedings in the juvenile court
 28 16 shall adhere to the requirements of chapter 229.  If the
 28 17 evidence received at an adjudicatory or a dispositional
 28 18 hearing indicates that the child is mentally retarded, the
 28 19 court may direct the juvenile court officer or the department
 28 20 to initiate proceedings or to assist the child's parent or
 28 21 guardian to initiate civil commitment proceedings in the
 28 22 juvenile court.  These proceedings shall adhere to the
 28 23 requirements of chapter 222.  If the child is committed as a
 28 24 mentally ill or mentally retarded child with mental illness or
 28 25 mental retardation, any order adjudicating the child to have
 28 26 committed a delinquent act shall be set aside and the petition
 28 27 shall be dismissed.
 28 28    Sec. 64.  Section 233B.5, Code 1995, is amended to read as
 28 29 follows:
 28 30    233B.5  TRANSFERS.
 28 31    The administrator may transfer to the home minor wards of
 28 32 the state from any institution under the administrator's
 28 33 charge or under the charge of any other administrator of the
 28 34 department of human services; but no person shall be so
 28 35 transferred who is not mentally normal a person with mental
 29  1 illness or mental retardation, or who is incorrigible, or has
 29  2 any vicious habits, or whose presence in the home would be
 29  3 inimical to the moral or physical welfare of normal the other
 29  4 children therein within the home, and any such child in the
 29  5 home may be transferred to the proper state institution.
 29  6    Sec. 65.  Section 249A.3, subsection 1, paragraph q, Code
 29  7 Supplement 1995, is amended to read as follows:
 29  8    q.  Is a disabled an individual with a disability, and is
 29  9 at least eighteen years of age, who receives parental social
 29 10 security benefits under the federal Social Security Act and is
 29 11 not eligible for federal supplemental security income or state
 29 12 supplementary assistance, as defined by section 249.1, because
 29 13 of the receipt of the social security benefits.
 29 14    Sec. 66.  Section 249A.5, subsection 2, paragraph b, Code
 29 15 Supplement 1995, is amended to read as follows:
 29 16    b.  If the collection of all or part of a debt is waived
 29 17 pursuant to subsection 2, paragraph "a", subparagraph (1), the
 29 18 amount waived shall be a debt due from the estate of the
 29 19 recipient's surviving spouse or blind or disabled child who is
 29 20 blind or has a disability, upon the death of the spouse or
 29 21 child, or due from a surviving child who was under twenty-one
 29 22 years of age at the time of the recipient's death, upon the
 29 23 child reaching age twenty-one, to the extent the recipient's
 29 24 estate is received by the surviving spouse or child.
 29 25    Sec. 67.  Section 249F.1, subsection 2, paragraph b,
 29 26 subparagraph (2), Code 1995, is amended to read as follows:
 29 27    (2)  Transfers, other than the transfer of a dwelling, to
 29 28 or for the sole benefit of the transferor's child who is blind
 29 29 or disabled has a disability as defined in section 1614 of the
 29 30 federal Social Security Act.
 29 31    Sec. 68.  Section 256.16, unnumbered paragraph 1, Code
 29 32 1995, is amended to read as follows:
 29 33    Pursuant to section 256.7, subsection 5, the state board
 29 34 shall adopt rules requiring all higher education institutions
 29 35 providing practitioner preparation to include in the
 30  1 professional education program, preparation that contributes
 30  2 to education of the handicapped and the students with
 30  3 disabilities and students who are gifted and talented, which
 30  4 must be successfully completed before graduation from the
 30  5 practitioner preparation program.
 30  6    Sec. 69.  Section 256B.2, subsection 1, Code 1995, is
 30  7 amended to read as follows:
 30  8    1.  "Children requiring special education" means persons
 30  9 under twenty-one years of age, including children under five
 30 10 years of age, who are handicapped have a disability in
 30 11 obtaining an education because of a head injury, autism,
 30 12 behavioral disorder, or physical, mental, communication or
 30 13 learning disability, as defined by the rules of the department
 30 14 of education.
 30 15    Sec. 70.  Section 256B.6, subsection 5, Code 1995, is
 30 16 amended to read as follows:
 30 17    5.  Assigned to a program of special education when the
 30 18 child is does not handicapped have a disability.
 30 19    Sec. 71.  Section 256B.9, subsection 1, paragraphs b and d,
 30 20 Code 1995, are amended to read as follows:
 30 21    b.  Children requiring special education who require
 30 22 special adaptations while assigned to a regular classroom for
 30 23 basic instructional purposes and handicapped pupils with
 30 24 disabilities placed in a special education class who receive
 30 25 part of their instruction in regular classrooms are assigned a
 30 26 weighting of one and eight-tenths for the school year
 30 27 commencing July 1, 1975.
 30 28    Effective July 1, 1991, this paragraph also applies to
 30 29 children requiring special education who require specially
 30 30 designed instruction while assigned to a regular classroom for
 30 31 basic instructional purposes.
 30 32    d.  Children requiring special education who are severely
 30 33 handicapped have severe disabilities or who have multiple
 30 34 handicaps disabilities are assigned a weighting of four and
 30 35 four-tenths for the school year commencing July 1, 1975.
 31  1    Effective July 1, 1991, this paragraph also applies to
 31  2 children requiring special education who are severely have
 31  3 severe and profoundly handicapped profound disabilities.
 31  4    Sec. 72.  Section 256B.9, subsection 8, Code 1995, is
 31  5 amended to read as follows:
 31  6    8.  Commencing with the school year beginning July 1, 1976,
 31  7 a school district may expend an amount not to exceed two-
 31  8 sevenths of an amount equal to the district cost of a school
 31  9 district for the costs of regular classroom instruction of a
 31 10 child certified under the special education weighting plan in
 31 11 subsection 1, paragraph "b", as a handicapped pupil with
 31 12 disabilities who is enrolled in a special class, but who
 31 13 receives part of the pupil's instruction in a regular
 31 14 classroom.  Unencumbered funds generated for special education
 31 15 instructional programs for the school year beginning July 1,
 31 16 1975 and for the school year beginning July 1, 1976 shall not
 31 17 be expended for such purpose.
 31 18    Sec. 73.  Section 263.9, Code 1995, is amended to read as
 31 19 follows:
 31 20    263.9  ESTABLISHMENT AND OBJECTIVES.
 31 21    The state board of regents is hereby authorized to
 31 22 establish and maintain in reasonable proximity to Iowa City
 31 23 and in conjunction with the state university of Iowa and the
 31 24 university hospital, a hospital-school having as its objects
 31 25 the education and treatment of severely handicapped children
 31 26 with severe disabilities.  Such hospital-schools shall be
 31 27 conducted in conjunction with the activities of the University
 31 28 of Iowa children's hospital.  Insofar as is practicable, the
 31 29 facilities of the university children's hospital shall be
 31 30 utilized.
 31 31    Sec. 74.  Section 263.10, Code 1995, is amended to read as
 31 32 follows:
 31 33    263.10  PERSONS ADMITTED.
 31 34    Every resident of the state who is not more than twenty-one
 31 35 years of age, who is so severely handicapped who has such
 32  1 severe disabilities so as to be unable to acquire an education
 32  2 in the common schools, and every such person who is twenty-one
 32  3 and under thirty-five years of age who has the consent of the
 32  4 state board of regents, shall be entitled to receive an
 32  5 education, care, and training in the institution, and
 32  6 nonresidents similarly situated may be entitled to an
 32  7 education and care therein upon such terms as may be fixed by
 32  8 the state board of regents.  The fee for nonresidents shall be
 32  9 not less than the average expense of resident pupils and shall
 32 10 be paid in advance.  Residents and persons under the care and
 32 11 control of a director of a division of the department of human
 32 12 services who are severely handicapped have severe disabilities
 32 13 may be transferred to the hospital-school upon such terms as
 32 14 may be agreed upon by the state board of regents and such the
 32 15 director.
 32 16    Sec. 75.  Section 263.11, Code 1995, is amended to read as
 32 17 follows:
 32 18    263.11  DEFINITIONS.
 32 19    The term "severely handicapped" "severe disabilities" shall
 32 20 be interpreted for the purpose of this division as referring
 32 21 to persons who meet both of the following requirements:
 32 22    1.  Persons who are educable but severely physically and
 32 23 educationally handicapped have severe physical and educational
 32 24 disabilities as a result of cerebral palsy, muscular
 32 25 dystrophy, spina bifida, arthritis, poliomyelitis, or other
 32 26 severe physically handicapping disabling conditions, and.
 32 27    2.  Persons who are not eligible for admission to the
 32 28 schools already established for the persons with mental
 32 29 retardation or epilepsy or persons who are deaf, or blind,
 32 30 epileptic, or mentally retarded.
 32 31    Sec. 76.  Section 280.8, Code 1995, is amended to read as
 32 32 follows:
 32 33    280.8  SPECIAL EDUCATION.
 32 34    The board of directors of each public school district shall
 32 35 make adequate educational provisions for each resident child
 33  1 requiring special education appropriate to the nature and
 33  2 severity of the child's handicapping condition disability
 33  3 pursuant to rules promulgated by the department under the
 33  4 provisions of chapters 256B and 273.
 33  5    Sec. 77.  Section 299.18, Code 1995, is amended to read as
 33  6 follows:
 33  7    299.18  EDUCATION OF CERTAIN DEAF, BLIND, OR SEVERELY
 33  8 HANDICAPPED CHILDREN WHO ARE DEAF, BLIND, OR HAVE SEVERE
 33  9 DISABILITIES.
 33 10    Children who are of compulsory attendance age and who are
 33 11 so deaf or blind or severely handicapped have such severe
 33 12 disabilities so as to be unable to obtain an education in the
 33 13 public or accredited nonpublic schools shall be sent to the
 33 14 appropriate state-operated school, or shall receive
 33 15 appropriate special education under chapter 256B, unless
 33 16 exempted, and any person having such a child under the
 33 17 person's control or custody shall see that the child attends
 33 18 the state-operated school or special education program during
 33 19 the scholastic year.
 33 20    Sec. 78.  Section 299.19, Code 1995, is amended to read as
 33 21 follows:
 33 22    299.19  PROCEEDING AGAINST PARENT.
 33 23    Upon the failure of a person having the custody and control
 33 24 of a deaf, blind, or severely handicapped child who is blind,
 33 25 deaf, or has severe disabilities to require the child's
 33 26 attendance as provided in section 299.18, the state board of
 33 27 regents may make application to the district court or the
 33 28 juvenile court of the county in which the person resides for
 33 29 an order requiring the person to compel the attendance of the
 33 30 child at the proper state-operated school.
 33 31    Sec. 79.  Section 321.34, subsection 12, Code Supplement
 33 32 1995, is amended to read as follows:
 33 33    12.  PEARL HARBOR PLATES.  Effective January 1, 1990, the
 33 34 owner of a motor vehicle subject to registration under section
 33 35 321.109, subsection 1, light delivery truck, panel delivery
 34  1 truck or pickup who was at Pearl Harbor, Hawaii, as a member
 34  2 of the armed services of the United States on December 7,
 34  3 1941, may, upon written application to the department, order
 34  4 special registration plates.  The special registration plates
 34  5 shall bear the notation or emblem reading "PEARL HARBOR
 34  6 SURVIVOR, DECEMBER 7, 1941" followed by four identifying
 34  7 letters or numbers.  Each applicant applying for special
 34  8 registration plates under this subsection may purchase only
 34  9 one set of registration plates.  The application is subject to
 34 10 approval by the department.  Upon receipt of the special
 34 11 registration plates, the applicant shall surrender the regular
 34 12 registration plates to the county treasurer.  The fee for the
 34 13 issuance of the special registration plates is twenty-five
 34 14 dollars which shall be in addition to the regular annual
 34 15 registration fee.  Seriously disabled veterans Veterans with
 34 16 serious disabilities who are exempted from payment of the
 34 17 annual registration fee under section 321.105, shall pay only
 34 18 the twenty-five dollar fee for issuance of the special
 34 19 registration plates.  The county treasurer shall validate the
 34 20 special registration plates in the same manner as regular
 34 21 registration plates are validated under this section with no
 34 22 additional registration fee being required other than the
 34 23 regular annual registration fee.
 34 24    Sec. 80.  Section 321.105, unnumbered paragraph 5, Code
 34 25 Supplement 1995, is amended to read as follows:
 34 26    Seriously disabled veterans Veterans with serious
 34 27 disabilities who have been provided with an automobile or
 34 28 other vehicle by the United States government under the
 34 29 provisions of sections 1901 to 1903, Title 38 of the United
 34 30 States Code, [38 U.S.C. } 1901 et seq.  (1970)] shall be
 34 31 exempt from payment of any automobile registration fee
 34 32 provided in this chapter, and shall be provided, without fee,
 34 33 with a registration plate.  The disabled A veteran with a
 34 34 serious disability, to be able to claim the above benefit,
 34 35 must be a resident of the state of Iowa and must produce a
 35  1 certificate of title to the automobile owned and registered in
 35  2 this state in the name of said the veteran.
 35  3    Sec. 81.  Section 321.166, subsection 6, Code Supplement
 35  4 1995, is amended to read as follows:
 35  5    6.  Registration plates issued a disabled veteran with a
 35  6 disability under the provisions of section 321.105, shall
 35  7 display the alphabetical characters "DV" which shall precede
 35  8 the registration plate number.  The plates may also display a
 35  9 handicapped identification sticker if issued to the disabled
 35 10 veteran with a disability by the department under section
 35 11 321L.2.
 35 12    Sec. 82.  Section 321.180A, subsection 1, Code 1995, is
 35 13 amended to read as follows:
 35 14    1.  Notwithstanding other provisions of this chapter, a
 35 15 physically disabled person with a physical disability, who is
 35 16 not suffering from a convulsive disorder and who can provide a
 35 17 favorable medical report, whose license renewal has been
 35 18 denied under section 321.177, subsection 6 or 7, or whose
 35 19 motor vehicle license has been suspended under section
 35 20 321.210, subsection 1, paragraph "c", upon meeting the
 35 21 requirements of section 321.186, other than a driving
 35 22 demonstration or the person's limitations which caused the
 35 23 denial under section 321.177, subsection 6 or 7, or suspension
 35 24 under section 321.210, subsection 1, paragraph "c", and upon
 35 25 paying the fee required in section 321.191, shall be issued a
 35 26 special instruction permit by the department.  Upon issuance
 35 27 of the permit the denial or suspension shall be stayed and the
 35 28 stay shall remain in effect as long as the permit is valid.
 35 29    Sec. 83.  Section 321.445, subsection 5, Code 1995, is
 35 30 amended to read as follows:
 35 31    5.  The department shall adopt rules pursuant to chapter
 35 32 17A providing exceptions from application of subsections 1 and
 35 33 2 for front seats and front seat passengers of motor vehicles
 35 34 owned, leased, rented, or primarily used by physically
 35 35 handicapped persons with physical disabilities who use
 36  1 collapsible wheelchairs.
 36  2    Sec. 84.  Section 321L.1, subsection 4, Code 1995, is
 36  3 amended to read as follows:
 36  4    4.  "Handicapped identification device" or "device" means
 36  5 an identification device bearing the international symbol of
 36  6 accessibility issued by the department, and includes a
 36  7 handicapped registration plate issued to or for a handicapped
 36  8 person under section 321.34, subsection 7, a handicapped
 36  9 identification sticker affixed to a registration plate issued
 36 10 to a disabled veteran with a disability under section 321.166,
 36 11 subsection 6, and a handicapped identification hanging device
 36 12 which is a placard for hanging from the rearview mirror when
 36 13 the motor vehicle is parked.
 36 14    Sec. 85.  Section 321L.2, subsection 3, unnumbered
 36 15 paragraph 2, Code Supplement 1995, is amended to read as
 36 16 follows:
 36 17    A handicapped person who owns a motor vehicle for which the
 36 18 handicapped person has been issued radio operator registration
 36 19 plates under section 321.34, subsection 3, or registration
 36 20 plates as a seriously disabled veteran with a serious
 36 21 disability under section 321.105 may apply to the department
 36 22 for a handicapped identification sticker to be affixed to the
 36 23 plates.  The handicapped identification stickers shall bear
 36 24 the international symbol of accessibility.  The handicapped
 36 25 identification stickers shall be acquired by eligible
 36 26 handicapped persons upon application on forms prescribed by
 36 27 the department.
 36 28    Sec. 86.  Section 324A.1, subsection 7, Code 1995, is
 36 29 amended to read as follows:
 36 30    7.  "Transportation disadvantaged persons" means persons
 36 31 who are physically or mentally handicapped persons with
 36 32 physical or mental disabilities, persons who are determined by
 36 33 the department to be economically disadvantaged and other
 36 34 persons or groups determined by the department to be
 36 35 disadvantaged in terms of the transportation services that are
 37  1 available to them.
 37  2    Sec. 87.  Section 324A.3, subsection 3, Code 1995, is
 37  3 amended to read as follows:
 37  4    3.  Handicapped services Services for persons with
 37  5 disabilities.
 37  6    Sec. 88.  Section 325.6, subsection 5, unnumbered paragraph
 37  7 1, Code 1995, is amended to read as follows:
 37  8    A motor carrier providing primarily passenger service for
 37  9 elderly, handicapped persons who are elderly, persons with
 37 10 disabilities, and other transportation disadvantaged persons
 37 11 is exempt from the certification requirements of this section
 37 12 if it satisfies each of the following requirements:
 37 13    Sec. 89.  Section 331.324, subsection 1, paragraph n, Code
 37 14 1995, is amended to read as follows:
 37 15    n.  Employ the persons who are blind, the or partially
 37 16 blind, and the disabled persons with physical disabilities in
 37 17 accordance with section 216C.2.
 37 18    Sec. 90.  Section 331.424, subsection 1, paragraph a,
 37 19 subparagraph (3), Code Supplement 1995, is amended to read as
 37 20 follows:
 37 21    (3)  Clothing, transportation, medical, or other services
 37 22 provided persons attending the Iowa braille and sight saving
 37 23 school, the Iowa school for the deaf, or the state hospital-
 37 24 school for severely handicapped children with severe
 37 25 disabilities at Iowa City, for which the county becomes
 37 26 obligated to pay pursuant to sections 263.12, 269.2, and 270.4
 37 27 through 270.7.
 37 28    Sec. 91.  Section 331.655, subsection 1, paragraph c, Code
 37 29 1995, is amended to read as follows:
 37 30    c.  For serving and returning a subpoena, for each person
 37 31 served, fifteen dollars, and the necessary expenses incurred
 37 32 while serving subpoenas in criminal cases or cases relating to
 37 33 the mentally ill process hospitalization of persons with
 37 34 mental illness.
 37 35    Sec. 92.  Section 384.24, subsection 2, paragraph k, Code
 38  1 1995, is amended to read as follows:
 38  2    k.  Housing for the elderly or physically handicapped
 38  3 persons who are elderly or persons with physical disabilities.
 38  4    Sec. 93.  Section 403A.2, subsection 6, paragraphs d
 38  5 through g, Code 1995, are amended to read as follows:
 38  6    d.  "Families" includes, but is not limited to, families
 38  7 consisting of a single person in the case of any of the
 38  8 following:
 38  9    (1)  A person who is at least sixty-two years of age.
 38 10    (2)  A person who is under with a disability.
 38 11    (3)  A person who is handicapped.
 38 12    (4) (3)  A displaced person.
 38 13    (5) (4)  The remaining member of a tenant family.
 38 14    e.  "Families" includes two or more persons living
 38 15 together, who are at least sixty-two years of age, are under
 38 16 persons with a disability or are handicapped, or one or more
 38 17 such individuals living with another person who is essential
 38 18 to such individual's care or well-being.
 38 19    f.  "Disability" means inability to engage in any
 38 20 substantial gainful activity by reason of any medically
 38 21 determinable physical or mental impairment.
 38 22    g.  "Handicapped" means, or having a physical or mental
 38 23 impairment which is expected to be of long-continued and
 38 24 indefinite duration, substantially impedes the ability to live
 38 25 independently, and is of a nature that the ability to live
 38 26 independently could be improved by more suitable housing
 38 27 conditions.
 38 28    Sec. 94.  Section 403A.7, Code 1995, is amended to read as
 38 29 follows:
 38 30    403A.7  HOUSING RENTALS AND TENANT ADMISSIONS.
 38 31    A municipality shall (1) rent do the following:
 38 32    1.  Rent or lease the dwelling accommodations in a housing
 38 33 project only to persons or families of low income and at
 38 34 rentals within their financial reach; (2) rent.
 38 35    2.  Rent or lease to a tenant such dwelling accommodations
 39  1 consisting of the number of rooms which it deems necessary to
 39  2 provide safe and sanitary accommodations to the proposed
 39  3 occupants thereof, without overcrowding; and (3) fix.
 39  4    3.  Fix income limits for occupancy and rents after taking
 39  5 into consideration (a) the the following:
 39  6    a.  The family size, composition, age, physical handicaps
 39  7 disabilities, and other factors which might affect the rent-
 39  8 paying ability of the person or family, and (b) the.
 39  9    b.  The economic factors which affect the financial
 39 10 stability and solvency of the project.  Provided, however,
 39 11    PARAGRAPH DIVIDED.  However, such determination of
 39 12 eligibility shall be within the limits of the income limits
 39 13 hereinbefore set out.
 39 14    Nothing contained in this or the preceding section shall be
 39 15 construed as limiting the power of a municipality with respect
 39 16 to a housing project, to vest in an obligee the right, in the
 39 17 event of a default by the municipality, to take possession or
 39 18 cause the appointment of a receiver thereof for the housing
 39 19 project, free from all the restrictions imposed by this or the
 39 20 preceding section.
 39 21    Sec. 95.  Section 410.14, Code 1995, is amended to read as
 39 22 follows:
 39 23    410.14  DECISION OF BOARD.
 39 24    The decision of such the board upon such matters shall be
 39 25 final and conclusive, in the absence of fraud, and no appeal
 39 26 shall be allowed therefrom.  Such disabled The member with a
 39 27 disability shall remain upon the pension roll unless and until
 39 28 reinstated in such the department by reason of such
 39 29 examination.
 39 30    Sec. 96.  Section 411.1A, Code 1995, is amended to read as
 39 31 follows:
 39 32    411.1A  PURPOSE OF CHAPTER.
 39 33    The purpose of this chapter is to promote economy and
 39 34 efficiency in the municipal public safety service by providing
 39 35 an orderly means for police officers and fire fighters to have
 40  1 a retirement system which will provide for the payment of
 40  2 pensions to retired and disabled members and members incurring
 40  3 disabilities, and to the surviving spouses and dependents of
 40  4 deceased members.
 40  5    Sec. 97.  Section 419.1, subsection 12, paragraph a,
 40  6 subparagraph (13), Code 1995, is amended to read as follows:
 40  7    (13)  A housing unit or complex for the elderly or
 40  8 handicapped persons who are elderly or persons with
 40  9 disabilities.
 40 10    Sec. 98.  Section 422.7, subsection 20, unnumbered
 40 11 paragraph 1, Code Supplement 1995, is amended to read as
 40 12 follows:
 40 13    20.  Subtract, to the extent included, the proceeds
 40 14 received pursuant to a judgment in or settlement of a lawsuit
 40 15 against the manufacturer or distributor of a Vietnam herbicide
 40 16 for damages resulting from exposure to the herbicide.  This
 40 17 subsection applies to proceeds received by a taxpayer who is a
 40 18 disabled veteran with a disability or who is a beneficiary of
 40 19 a disabled veteran with a disability.
 40 20    Sec. 99.  Section 422.45, subsection 22, paragraphs a and
 40 21 c, Code Supplement 1995, are amended to read as follows:
 40 22    a.  Residential care facilities and intermediate care
 40 23 facilities for the mentally retarded persons with mental
 40 24 retardation and residential care facilities for the mentally
 40 25 ill persons with mental illness licensed by the department of
 40 26 inspections and appeals under chapter 135C.
 40 27    c.  Rehabilitation facilities that provide accredited
 40 28 rehabilitation services to persons with disabilities which are
 40 29 accredited by the commission on accreditation of
 40 30 rehabilitation facilities or the accreditation council for
 40 31 services for mentally retarded persons with mental retardation
 40 32 and other developmentally disabled persons with developmental
 40 33 disabilities and adult day care services approved for
 40 34 reimbursement by the state department of human services.
 40 35    Sec. 100.  Section 425.23, subsection 3, paragraph b, Code
 41  1 1995, is amended to read as follows:
 41  2    b.  For purposes of this subsection, a totally disabled
 41  3 person in computing household income, a person with a total
 41  4 disability shall deduct all medical and necessary care
 41  5 expenses paid during the twelve-month income tax accounting
 41  6 periods used in computing household income which are
 41  7 attributable to the person's total disability.  "Medical and
 41  8 necessary care expenses" are those used in computing the
 41  9 federal income tax deduction under section 213 of the Internal
 41 10 Revenue Code as defined in section 422.3.
 41 11    Sec. 101.  Section 427.1, subsections 12 and 34, Code
 41 12 Supplement 1995, are amended to read as follows:
 41 13    12.  HOMES FOR SOLDIERS.  The buildings and grounds of
 41 14 homes owned and operated by organizations of soldiers,
 41 15 sailors, or marines of any of the wars of the United States
 41 16 when used for a home for disabled soldiers, sailors, or
 41 17 marines with disabilities and not operated for pecuniary
 41 18 profit.
 41 19    34.  LOW-RENT HOUSING.  The property owned and operated by
 41 20 a nonprofit organization providing low-rent housing for the
 41 21 persons who are elderly and the physically and mentally
 41 22 handicapped persons with physical and mental disabilities.
 41 23 The exemption granted under the provisions of this subsection
 41 24 shall apply only until the terms of the original low-rent
 41 25 housing development mortgage is paid in full or expires,
 41 26 subject to the provisions of subsections 23 and 24.
 41 27    Sec. 102.  Section 468.513, Code 1995, is amended to read
 41 28 as follows:
 41 29    468.513  VOTE OF MINOR OR MENTALLY ILL PERSON WITH MENTAL
 41 30 ILLNESS.
 41 31    The vote of any person who is a minor, mentally ill has a
 41 32 mental illness, or under other legal incompetency shall be
 41 33 cast by the parent, guardian, or other legal representative of
 41 34 such minor, mentally ill, or other incompetent the person.
 41 35 The person casting such the vote shall deliver to the judges
 42  1 and clerks of election a written sworn statement giving the
 42  2 name, age, and place of residence of such the minor, mentally
 42  3 ill, or other incompetent person with mental illness or other
 42  4 legal incompetency, and any false statement knowingly made to
 42  5 secure permission to cast such vote shall render the party so
 42  6 making it guilty of the crime of perjury.
 42  7    Sec. 103.  Section 477C.1, Code 1995, is amended to read as
 42  8 follows:
 42  9    477C.1  DUAL PARTY RELAY SERVICE – PURPOSE.
 42 10    The general assembly finds that the provision of a
 42 11 statewide dual party relay service will further the public
 42 12 interest and protect the health, safety, and welfare of the
 42 13 people of Iowa through an increase in the usefulness and
 42 14 availability of the telephone system.  Many deaf, hard-of-
 42 15 hearing, and speech-impaired persons who are deaf, hard-of-
 42 16 hearing, or have speech impairments are not able to utilize
 42 17 the telephone system without this type of service.  Therefore,
 42 18 it is the purpose of this chapter to enable the orderly
 42 19 development, operation, promotion, and funding of a statewide
 42 20 dual party relay service.
 42 21    Sec. 104.  Section 481A.38, subsection 1, unnumbered
 42 22 paragraph 2, Code 1995, is amended to read as follows:
 42 23    The commission shall adopt a rule permitting a crossbow to
 42 24 be used only by handicapped individuals with disabilities who
 42 25 are physically incapable of using a bow and arrow under the
 42 26 conditions in which a bow and arrow is permitted.  The
 42 27 commission shall prepare an application to be used by an
 42 28 individual requesting the status.  The application shall
 42 29 require the individual's physician to sign a statement
 42 30 declaring that the individual is not physically able to use a
 42 31 bow and arrow.
 42 32    Sec. 105.  Section 483A.3, subsection 1, Code 1995, is
 42 33 amended to read as follows:
 42 34    1.  A resident or nonresident person required to have a
 42 35 hunting, fur harvester or fur, fish and game license shall not
 43  1 hunt or trap unless the person carries a valid wildlife
 43  2 habitat stamp signed in ink with the person's signature across
 43  3 the face of the stamp.  This section shall not apply to
 43  4 residents who are permanently disabled have permanent
 43  5 disabilities or who are younger than sixteen or older than
 43  6 sixty-five years of age.  Special wildlife habitat stamps
 43  7 shall be administered in the same manner as hunting and fur
 43  8 harvester licenses except all revenue derived from the sale of
 43  9 the wildlife habitat stamps shall be used within the state of
 43 10 Iowa for habitat development and shall be deposited in the
 43 11 state fish and game protection fund, except as provided in
 43 12 subsection 2.  The revenue may be used for the matching of
 43 13 federal funds.  The revenues and any matched federal funds
 43 14 shall be used for acquisition of land, leasing of land or
 43 15 obtaining of easements from willing sellers for use as
 43 16 wildlife habitats.  Notwithstanding the exemption provided by
 43 17 section 427.1, any land acquired with the revenues and matched
 43 18 federal funds shall be subject to the full consolidated levy
 43 19 of property taxes which shall be paid from those revenues.  In
 43 20 addition such revenue may be used for the development and
 43 21 enhancement of wildlife lands and habitat areas.  Not less
 43 22 than fifty percent of all revenue from the sale of wildlife
 43 23 habitat stamps shall be used by the commission to enter into
 43 24 agreements with county conservation boards or other public
 43 25 agencies in order to carry out the purposes of this section.
 43 26 The state share of funding of those agreements provided by the
 43 27 revenue from the sale of wildlife habitat stamps shall not
 43 28 exceed seventy-five percent.
 43 29    Sec. 106.  Section 483A.4, Code 1995, is amended to read as
 43 30 follows:
 43 31    483A.4  "PERMANENTLY DISABLED PERMANENT DISABILITY"
 43 32 DEFINED.
 43 33    For the purpose of obtaining a license, a person is
 43 34 permanently disabled has a permanent disability if any of the
 43 35 following apply:
 44  1    1.  The person has been found under the provisions of the
 44  2 federal Social Security Act, Title II, or any other public or
 44  3 private pension system to have a total, permanent physical or
 44  4 mental condition which prevents that person from engaging in
 44  5 the person's occupation or qualifies that person for
 44  6 retirement.
 44  7    2.  The person is physically severely handicapped has a
 44  8 severe physical disability and has qualified for a special
 44  9 license under section 483A.24.
 44 10    Sec. 107.  Section 483A.24, subsections 12 and 17, Code
 44 11 1995, are amended to read as follows:
 44 12    12.  The commission shall issue without charge a special
 44 13 fishing license to residents of Iowa sixteen years or more of
 44 14 age who the commission finds are mentally or physically
 44 15 severely handicapped have severe mental or physical
 44 16 disabilities.  The commission is hereby authorized to prepare
 44 17 an application to be used by the person requesting handicapped
 44 18 status the special license, which would require that the
 44 19 person's attending physician sign the form declaring that the
 44 20 person handicapped has a severe mental or physical disability
 44 21 and is eligible for exempt status.
 44 22    17.  The department shall issue without charge a special
 44 23 annual fishing or combined hunting and fishing license to
 44 24 residents of this state who are permanently disabled have
 44 25 permanent disabilities and whose income falls below the
 44 26 federal poverty guidelines as published by the United States
 44 27 department of health and human services or residents of this
 44 28 state who are sixty-five years of age or older and whose
 44 29 income falls below the federal poverty guidelines as published
 44 30 by the United States department of health and human services.
 44 31 The commission shall provide for, by rule, an application to
 44 32 be used by an applicant requesting a permanent disabled status
 44 33 or age status the special license.  The commission shall
 44 34 require proof of age, income, and proof of permanent
 44 35 disability.
 45  1    Sec. 108.  Section 598.17, unnumbered paragraph 3, Code
 45  2 1995, is amended to read as follows:
 45  3    No marriage A dissolution of marriage granted due to the
 45  4 mental illness of one of the spouses shall not relieve the
 45  5 other spouse of any obligation imposed by law as a result of
 45  6 the marriage for the support of the mentally ill spouse with
 45  7 mental illness.  The court may make an order for such the
 45  8 support or may waive the support obligation when satisfied
 45  9 from the evidence that it would create an undue hardship on
 45 10 the obliged spouse or that spouse's other dependents.
 45 11    Sec. 109.  Section 600.17, Code 1995, is amended to read as
 45 12 follows:
 45 13    600.17  FINANCIAL ASSISTANCE.
 45 14    The department of human services shall, within the limits
 45 15 of funds appropriated to the department of human services and
 45 16 any gifts or grants received by the department for this
 45 17 purpose, provide financial assistance to any person who adopts
 45 18 a physically or mentally handicapped, child with physical or
 45 19 mental disabilities or an older, or otherwise hard-to-place
 45 20 child, if the adoptive parent has the capability of providing
 45 21 a suitable home for the child but the need for special
 45 22 services or the costs of maintenance are beyond the economic
 45 23 resources of the adoptive parent.
 45 24    1.  Financial assistance shall not be provided when the
 45 25 special services are available free of cost to the adoptive
 45 26 parent or are covered by an insurance policy of the adoptive
 45 27 parent.
 45 28    2.  "Special services" means any medical, dental,
 45 29 therapeutic, educational, or other similar service or
 45 30 appliance required by an adopted child by reason of a mental
 45 31 or physical handicap disability.
 45 32    Sec. 110.  Section 602.8102, subsection 41, Code Supplement
 45 33 1995, is amended to read as follows:
 45 34    41.  Carry out duties relating to the involuntary
 45 35 commitment of mentally impaired persons with mental
 46  1 impairments as provided in chapter 229.
 46  2    Sec. 111.  Section 607A.5, Code 1995, is amended to read as
 46  3 follows:
 46  4    607A.5  AUTOMATIC EXCUSE FROM JURY SERVICE.
 46  5    A person shall be excused from jury service if the person
 46  6 submits written documentation verifying, to the court's
 46  7 satisfaction, that the person is solely responsible for the
 46  8 daily care of a permanently disabled person with a permanent
 46  9 disability living in the person's household and that the
 46 10 performance of juror service would cause substantial risk of
 46 11 injury to the health of the disabled person with a disability,
 46 12 or that the person is the mother of a breastfed child and is
 46 13 responsible for the daily care of the child.  However, if the
 46 14 person is regularly employed at a location other than the
 46 15 person's household, the person shall not be excused under this
 46 16 section.
 46 17    Sec. 112.  Section 633.63, subsection 1, paragraph a, Code
 46 18 1995, is amended to read as follows:
 46 19    a.  One who is a mental retardate, mentally ill, a chronic
 46 20 alcoholic A person with mental retardation, mental illness, or
 46 21 chronic alcoholism, or a person who is a spendthrift.
 46 22    Sec. 113.  Section 633.707, subsection 4, Code 1995, is
 46 23 amended to read as follows:
 46 24    4.  "Maximum monthly medical assistance payment rate for
 46 25 services in an intermediate care facility for the mentally
 46 26 retarded persons with mental retardation" means the allowable
 46 27 rate established by the department of human services and as
 46 28 published in the Iowa administrative bulletin.
 46 29    Sec. 114.  Section 694.1, subsection 1, Code 1995, is
 46 30 amended to read as follows:
 46 31    1.  Is physically or mentally disabled a person with a
 46 32 physical or mental disability.
 46 33    Sec. 115.  Section 714.19, subsection 5, Code 1995, is
 46 34 amended to read as follows:
 46 35    5.  Nonprofit schools exclusively engaged in training
 47  1 physically handicapped persons with physical disabilities in
 47  2 the state of Iowa.
 47  3    Sec. 116.  Section 726.6, subsection 1, Code 1995, is
 47  4 amended to read as follows:
 47  5    1.  A person who is the parent, guardian, or person having
 47  6 custody or control over a child or a mentally or physically
 47  7 handicapped minor under the age of eighteen with a mental or
 47  8 physical disability, commits child endangerment when the
 47  9 person does any of the following:
 47 10    Sec. 117.  Section 726.6A, Code 1995, is amended to read as
 47 11 follows:
 47 12    726.6A  MULTIPLE ACTS OF CHILD ENDANGERMENT – PENALTY.
 47 13    A person who engages in a course of conduct including three
 47 14 or more acts of child endangerment as defined in section 726.6
 47 15 within a period of twelve months involving the same child or a
 47 16 mentally or physically handicapped minor with a mental or
 47 17 physical disability, where one or more of the acts results in
 47 18 serious injury to the child or minor or results in a skeletal
 47 19 injury to a child under the age of four years, is guilty of a
 47 20 class "B" felony.  Notwithstanding section 902.9, subsection
 47 21 1, a person convicted of a violation of this section shall be
 47 22 confined for no more than fifty years.
 47 23    Sec. 118.  Section 904.108, subsection 1, paragraph d, Code
 47 24 1995, is amended to read as follows:
 47 25    d.  Establish and maintain acceptable standards of
 47 26 treatment, training, education, and rehabilitation in the
 47 27 various state penal and corrective institutions which shall
 47 28 include habilitative services and treatment for mentally
 47 29 retarded offenders with mental retardation.  For the purposes
 47 30 of this paragraph, habilitative services and treatment means
 47 31 medical, mental health, social, educational, counseling, and
 47 32 other services which will assist a mentally retarded person
 47 33 with mental retardation to become self-reliant.  However, the
 47 34 director may also provide rehabilitative treatment and
 47 35 services to other persons who require the services.  The
 48  1 director shall identify all individuals entering the
 48  2 correctional system who are mentally retarded persons with
 48  3 mental retardation, as defined in section 222.2, subsection 3.
 48  4 Identification shall be made by a qualified mental retardation
 48  5 professional in the area of mental retardation.  In assigning
 48  6 a mentally retarded an offender with mental retardation, or an
 48  7 offender with an inadequately developed intelligence or with
 48  8 impaired mental abilities, to a correctional facility, the
 48  9 director shall consider both the program needs and the
 48 10 security needs of the offender.  The director shall consult
 48 11 with the department of human services in providing
 48 12 habilitative services and treatment to mentally ill and
 48 13 mentally retarded offenders with mental illness or mental
 48 14 retardation.
 48 15    Sec. 119.  Section 904.205, Code 1995, is amended to read
 48 16 as follows:
 48 17    904.205  CLARINDA CORRECTIONAL FACILITY.
 48 18    The state correctional facility at Clarinda shall be
 48 19 utilized as a secure men's correctional facility primarily for
 48 20 chemically dependent, mentally retarded, and socially
 48 21 inadequate offenders with chemical dependence, mental
 48 22 retardation, or social inadequacies.
 48 23    Sec. 120.  AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVES TO
 48 24 CODE EDITOR.
 48 25    1.  Sections 7D.15, 15.225, 16.4, 16.9, 16.12, 16.17,
 48 26 16.18, 16.26, 16.155, 21.4, 49.25, 135.64, 216.8A, and 217.8,
 48 27 Code 1995, and sections 303C.4 and 321.1, Code Supplement
 48 28 1995, are amended by striking from the sections the words
 48 29 "persons who are handicapped or disabled", "handicapped or
 48 30 disabled persons", "the handicapped",  "handicapped or
 48 31 disabled individuals",  "handicapped persons", or "disabled
 48 32 persons", and inserting in lieu thereof the words "persons
 48 33 with disabilities".
 48 34    2.  Sections 225C.35, 256B.2, 256B.4, 260C.1, 285.11,
 48 35 403A.7, and 514E.7, Code 1995, and section 216.2, Code
 49  1 Supplement 1995, are amended by striking from the sections the
 49  2 words "handicap" or "handicaps", and inserting in lieu
 49  3 thereof, as appropriate, the words "disability" or
 49  4 "disabilities".
 49  5    3.  Section 256B.4, Code 1995, is amended by striking from
 49  6 the section the words "handicapped children" and inserting in
 49  7 lieu thereof the words "children with disabilities".
 49  8    4.  Sections 216.6, 216.8A, 216C.11, 321.109, 321.124, Code
 49  9 1995, are amended by striking from the sections the words
 49 10 "disabled person" or "disabled or handicapped person", and
 49 11 inserting in lieu thereof the words "person with a
 49 12 disability".
 49 13    5.  Sections 285.10 and 403.17, Code 1995, and section
 49 14 285.1, Code Supplement 1995, are amended by striking from the
 49 15 sections the word "handicapped", and inserting in lieu thereof
 49 16 the words "persons with disabilities,".
 49 17    6.  Sections 422.7 and 422.35, Code Supplement 1995, are
 49 18 amended by striking from the sections the words "A handicapped
 49 19 individual", and inserting in lieu thereof the words "An
 49 20 individual with a disability".
 49 21    7.  Sections 135C.3, 135C.23, 155.1, 218.46, 222.7, 222.55,
 49 22 222.56, 225.5, 226.1, 226.9, 226.30, 227.1, 227.10, 227.11,
 49 23 227.14, 227.15, 229.3, 229.19, 229.44, 230.5, 230.6, 230.8,
 49 24 230.9, 230.10, 230.11, 230.14, 230.18, 230.19, 331.381,
 49 25 331.502, 331.657, 614.8, 904.201, and 904.503, Code 1995, and
 49 26 sections 135.63, 229.1, 230.12, 331.552, 331.653, and 331.756,
 49 27 Code Supplement 1995, are amended by striking from the
 49 28 sections the words "the mentally ill" or "mentally ill
 49 29 persons", and inserting in lieu thereof the words "persons
 49 30 with mental illness".
 49 31    8.  Sections 225C.12, 230.1, 230.31, 448.12, 486.32, 597.6,
 49 32 and 597.9, Code 1995, are amended by striking from the
 49 33 sections the words "mentally ill person", and inserting in
 49 34 lieu thereof the words "person with mental illness".
 49 35    9.  Sections 587.12, 614.19, 614.27, and 633.31, Code 1995,
 50  1 are amended by striking from the sections the words "insane
 50  2 persons" or "insane person", and inserting in lieu thereof, as
 50  3 appropriate, the words "persons with mental illness" or
 50  4 "person with mental illness".
 50  5    10.  Section 681.27, Code 1995, is amended by striking from
 50  6 the section the word "insane" and inserting in lieu thereof
 50  7 the words "mentally ill".
 50  8    11.  Sections 23A.2, 135.64, 135C.23, 155.1, 218.92, 222.6,
 50  9 222.9, 222.10, 222.12, 222.27, 222.34, 222.38, 222.43, 222.45,
 50 10 222.51, 222.56, 222.66, 222.88, 226.8, 249A.2, 331.381,
 50 11 331.502, 335.25, 414.22, and 633.709, Code 1995, and sections
 50 12 135.63, 135C.2, 249A.5, 249A.12, 331.756, and 602.8102, Code
 50 13 Supplement 1995, are amended by striking from the sections the
 50 14 words "the mentally retarded", "mentally retarded persons", or
 50 15 "mentally retarded person", and inserting in lieu thereof, as
 50 16 appropriate, the words "persons with mental retardation" or
 50 17 "person with mental retardation".
 50 18    12.  The Code editor is directed to substitute the words
 50 19 "persons with disabilities" for the words "persons who are
 50 20 handicapped or disabled", "handicapped or disabled persons",
 50 21 "the handicapped", "handicapped or disabled individuals",
 50 22 "handicapped persons", or "disabled persons" when there
 50 23 appears to be no doubt as to the intent to refer to persons
 50 24 with disabilities, except where the term is intended to refer
 50 25 to provisions related to handicapped parking as provided in
 50 26 chapter 321L.
 50 27    13.  The Code editor is directed to substitute the words
 50 28 "disability" or "disabilities" for the words "handicap" or
 50 29 "handicaps" when there appears to be no doubt as to the intent
 50 30 to refer to the condition of a person, except where the term
 50 31 is intended to refer to provisions related to handicapped
 50 32 parking as provided in chapter 321L.
 50 33    14.  The Code editor is directed to substitute the words
 50 34 "children with disabilities" for the words "handicapped
 50 35 children" or "disabled children" when there appears to be no
 51  1 doubt as to the intent to refer to children with disabilities,
 51  2 except where the term is intended to refer to provisions
 51  3 related to handicapped parking as provided in chapter 321L.
 51  4    15.  The Code editor is directed to substitute the words
 51  5 "person with a disability" for the words "disabled person",
 51  6 "handicapped person", "disabled or handicapped person", or
 51  7 "handicapped or disabled person" when there appears to be no
 51  8 doubt as to the intent to refer to a person with a disability,
 51  9 except where the term is intended to refer to provisions
 51 10 related to handicapped parking as provided in chapter 321L.
 51 11    16.  The Code editor is directed to substitute the words
 51 12 "an individual with a disability" for the words "a disabled
 51 13 individual" or "a handicapped individual" when there appears
 51 14 to be no doubt as to the intent to refer to an individual with
 51 15 a disability, except where the term is intended to refer to
 51 16 provisions related to handicapped parking as provided in
 51 17 chapter 321L.
 51 18    17.  The Code editor is directed to substitute the words
 51 19 "persons with mental illness" for the words "the mentally ill"
 51 20 or "mentally ill persons" when there appears to be no doubt as
 51 21 to the intent to refer to persons with mental illness.
 51 22    18.  The Code editor is directed to substitute the words
 51 23 "person with mental illness" for the words "mentally ill
 51 24 persons" when there appears to be no doubt as to the intent to
 51 25 refer to a person with mental illness.
 51 26    19.  The Code editor is directed to substitute the words
 51 27 "persons with mental retardation" for the words "the mentally
 51 28 retarded" or "mentally retarded persons" when there appears to
 51 29 be no doubt as to the intent to refer to persons with mental
 51 30 retardation.
 51 31    20.  The Code editor is directed to substitute the words
 51 32 "person with mental retardation" for the words "mentally
 51 33 retarded person" when there appears to be no doubt as to the
 51 34 intent to refer to a person with mental retardation.  
 51 35                           EXPLANATION
 52  1    This bill makes numerous changes in terminology to various
 52  2 provisions pertaining to persons with certain mental and
 52  3 physical conditions.  In addition, the bill directs the Code
 52  4 editor to make similar changes.  The bill pertains primarily
 52  5 to terminolgy used to identify persons with mental illness,
 52  6 persons with mental retardation, and persons with
 52  7 disabilities.  
 52  8 LSB 4355SC 76
 52  9 jp/jj/8
     

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