House File 2589 H-8399 Amend the amendment, H-8386, to House File 2589, as follows: 1 1. By striking page 1, line 1, through page 6, line 27, and 2 inserting: 3 < Amend House File 2589 as follows: 4 1. By striking everything after the enacting clause and 5 inserting: 6 < DIVISION I 7 STANDING APPROPRIATIONS AND RELATED MATTERS 8 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 9 2022-2023. Notwithstanding the standing appropriation in the 10 following designated section for the fiscal year beginning July 11 1, 2022, and ending June 30, 2023, the amount appropriated from 12 the general fund of the state pursuant to that section for the 13 following designated purpose shall not exceed the following 14 amount: 15 For payment of claims for nonpublic school pupil 16 transportation under section 285.2 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,997,091 18 If total approved claims for reimbursement for nonpublic 19 school pupil transportation exceed the amount appropriated in 20 accordance with this section, the department of education shall 21 prorate the amount of each approved claim. 22 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID —— FY 2022-2023. In 23 lieu of the appropriation provided in section 257.20, 24 subsection 2 , the appropriation for the fiscal year 25 beginning July 1, 2022, and ending June 30, 2023, for paying 26 instructional support state aid under section 257.20 for the 27 fiscal year is zero. 28 Sec. 3. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— 29 UNAPPROPRIATED MONEYS —— FY 2022-2023. For the fiscal year 30 beginning July 1, 2022, and ending June 30, 2023, salary 31 adjustments otherwise provided may be funded as determined 32 by the department of management, subject to any applicable 33 constitutional limitation, using unappropriated moneys 34 remaining in the department of commerce revolving fund, the 35 -1- H 8386.4626 (2) 89 ns/tm 1/ 55 #1.
gaming enforcement revolving fund, the gaming regulatory 1 revolving fund, the primary road fund, the road use tax 2 fund, the fish and game protection fund, and the Iowa public 3 employees’ retirement fund, and in other departmental 4 revolving, trust, or special funds for which the general 5 assembly has not made an operating budget appropriation. 6 DIVISION II 7 CORRECTIVE PROVISIONS 8 Sec. 4. Section 45.1, subsection 7, paragraph a, Code 2022, 9 as amended by 2022 Iowa Acts, House File 2466, section 3, is 10 amended to read as follows: 11 a. For a supervisor district with a population of greater 12 than fifteen thousand but fewer no more than fifty thousand 13 according to the most recent federal decennial census, 14 nomination petitions shall include at least fifty signatures. 15 Sec. 5. Section 80E.2, subsection 2, Code 2022, as amended 16 by 2022 Iowa Acts, House File 2367, section 2, is amended to 17 read as follows: 18 2. The prosecuting attorney, certified alcohol and drug 19 counselor, certified substance abuse prevention specialist, 20 substance use disorder treatment program director, member 21 representing the Iowa peace officers association, member 22 representing the Iowa state police association, the 23 member representing the Iowa state sheriffs’ and deputies’ 24 association, and the member representing the Iowa police chiefs 25 association who is a police chief shall be appointed by the 26 governor, subject to senate confirmation, for four-year terms 27 beginning and ending as provided in section 69.19 . A vacancy 28 on the council shall be filled for the unexpired term in the 29 same manner as the original appointment was made. 30 Sec. 6. Section 124.204, subsection 2, paragraph cl, as 31 enacted by 2022 Iowa Acts, House File 2201, section 1, is 32 amended to read as follows: 33 cl. N-(1-phenethylpiperidin-4-yl) 34 -N-phenylcyclopentanecarboxamide. Other name: cyclopentanyl 35 -2- H 8386.4626 (2) 89 ns/tm 2/ 55
cyclopentyl fentanyl. 1 Sec. 7. Section 147.77, subsection 1, paragraph l, as 2 enacted by 2022 Iowa Acts, House File 803, section 51, is 3 amended to read as follows: 4 l. The department of public safety, with respect to rules 5 relating to permits to carry weapons, that a person who is 6 an unlawful user of or addicted to any controlled substance 7 includes any person who is a current user of a controlled 8 substance in a manner other than as prescribed by a licensed 9 physician. 10 Sec. 8. Section 147.77, subsection 1, paragraph p, 11 subparagraph (3), as enacted by 2022 Iowa Acts, House File 803, 12 section 51, is amended to read as follows: 13 (3) For applications for a license to practice asbestos 14 removal, that except as noted in rule, only worker and 15 contractor/supervisor license applicants must submit a the 16 respiratory protection and physician’s certification forms. 17 Sec. 9. Section 249A.42A, subsection 2, as enacted by 2022 18 Iowa Acts, House File 736, section 1, is amended to read as 19 follows: 20 2. The provider documented the eligibility verification 21 performed and any necessary prior authorization obtained 22 pursuant to paragraph “a” subsection 1 in a manner and format 23 established by the department by rule, and retained the 24 required documentation in the recipient’s file. 25 Sec. 10. Section 261.116, subsection 7, Code 2022, as 26 amended by 2022 Iowa Acts, Senate File 2383, section 16, if 27 enacted, is amended to read as follows: 28 6. Health care award fund. A health care award fund is 29 created for deposit of moneys appropriated to or received by 30 the commission for use under the program. Notwithstanding 31 section 8.33 , moneys deposited in the health care award 32 fund shall not revert to any fund of the state at the 33 end of any fiscal year but shall remain in the award fund 34 and be continuously available for use under the program. 35 -3- H 8386.4626 (2) 89 ns/tm 3/ 55
Notwithstanding section 12C.7, subsection 2 , interest or 1 earnings on moneys deposited in the health care award fund 2 shall be credited to the fund. 3 Sec. 11. Section 441.1, subsection 3, paragraph d, as 4 enacted by 2022 Iowa Acts, Senate File 384, section 1, is 5 amended to read as follows: 6 d. The provisions of chapter 28E are applicable to this 7 section subsection . 8 Sec. 12. Section 600.5, subsection 9A, if enacted by 2022 9 Iowa Acts, House File 2252, section 6, is amended to read as 10 follows: 11 9A. If the parents of the person to be adopted had their 12 parental rights terminated pursuant to chapter 232, the 13 petition shall included include the names of any known siblings 14 placed separately from the person to be adopted and either the 15 plan for ongoing contact between the siblings if a court found 16 that continued contact is in the best interest of each sibling 17 or a statement that the court found continued contact between 18 the siblings is not in the best interest of each sibling. 19 Sec. 13. 2022 Iowa Acts, House File 2200, section 3, is 20 amended to read as follows: 21 SEC. 3. APPLICABILITY. This Act applies to direct health 22 care agreements that are fully executed on or after the 23 effective date of enactment this Act . 24 Sec. 14. 2022 Iowa Acts, House File 2201, section 7, is 25 amended by striking the section and inserting in lieu thereof 26 the following: 27 SEC. 7. Section 124.206, subsection 2, paragraph a, 28 unnumbered paragraph 1, Code 2022, is amended by striking 29 the unnumbered paragraph and inserting in lieu thereof the 30 following: 31 Opium and opiate, and any salt, compound, derivative, 32 or preparation of opium or opiate excluding apomorphine, 33 thebaine-derived butorphanol, dextrorphan, nalbuphine, 34 naldemedine, nalmefene, naloxegol, naloxone, 6beta-naltrexol, 35 -4- H 8386.4626 (2) 89 ns/tm 4/ 55
naltrexone, and samidorphan, and their respective salts, but 1 including the following: 2 Sec. 15. 2022 Iowa Acts, Senate File 2295, section 184, is 3 amended by striking the section and inserting in lieu thereof 4 the following: 5 SEC. 184. 2020 Iowa Acts, chapter 1064, sections 17 and 6 18, are amended by striking the sections and inserting in lieu 7 thereof the following: 8 SEC. 17. Section 422.12D, subsection 2 , Code 2022, is 9 amended to read as follows: 10 2. The director of revenue shall draft the income tax form 11 to allow the designation of contributions to the veterans trust 12 fund and to the volunteer fire fighter preparedness fund as 13 one checkoff on the tax return. The department of revenue, 14 on or before January 31, shall transfer one-half of the total 15 amount designated on the tax return forms due in the preceding 16 calendar year to the veterans trust fund and the remaining 17 one-half to the volunteer fire fighter preparedness fund. 18 However, before a checkoff pursuant to this section shall be 19 permitted, all liabilities on the books of the department of 20 administrative services and accounts identified as owing under 21 section 8A.504 421.65 shall be satisfied. 22 SEC. 18. Section 422.12L, subsection 2 , Code 2022, is 23 amended to read as follows: 24 2. The director of revenue shall draft the income tax form 25 to allow the designation of contributions to the foundation 26 fund on the tax return. The department, on or before January 27 31, shall transfer the total amount designated on the tax 28 form due in the preceding year to the foundation fund. 29 However, before a checkoff pursuant to this section shall be 30 permitted, all liabilities on the books of the department of 31 administrative services and accounts identified as owing under 32 section 8A.504 421.65 shall be satisfied. 33 Sec. 16. CONTINGENT REPEAL. 2022 Iowa Acts, House File 34 2581, section 13, if enacted, is repealed. 35 -5- H 8386.4626 (2) 89 ns/tm 5/ 55
Sec. 17. CODE EDITOR DIRECTIVES. 1 1. If Senate File 496 is enacted during the 2022 session 2 of the Eighty-ninth General Assembly, the Code editor is 3 directed to transfer the Code sections as enacted by that Act 4 as follows: 5 a. Section 94.1 to section 94B.1. 6 b. Section 94.2 to section 94B.2. 7 2. The Code editor is directed to renumber section 331.301, 8 subsection 18, as enacted by 2022 Iowa Acts, House File 728, to 9 become section 331.301, subsection 21. 10 3. The Code editor shall correct internal references in the 11 Code and in any enacted legislation as necessary due to the 12 enactment of this section. 13 Sec. 18. EFFECTIVE DATE. The following, being deemed of 14 immediate importance, take effect upon enactment: 15 1. The section of this division of this Act amending section 16 124.204, subsection 2, paragraph “cl”. 17 2. The section of this division of this Act amending 2022 18 Iowa Acts, House File 2200, section 3. 19 3. The section of this division of this Act amending 2022 20 Iowa Acts, House File 2201, section 7. 21 Sec. 19. RETROACTIVE APPLICABILITY. The following apply 22 retroactively to May 2, 2022: 23 1. The section of this division of this Act amending section 24 124.204, subsection 2, paragraph “cl”. 25 2. The section of this division of this Act amending 2022 26 Iowa Acts, House File 2201, section 7. 27 Sec. 20. RETROACTIVE APPLICABILITY. The section of this 28 division of this Act amending 2022 Iowa Acts, House File 2200, 29 section 3, applies retroactively to May 12, 2022. 30 DIVISION III 31 MOTOR FUEL EXPENSE RELIEF 32 Sec. 21. TEMPORARY MOTOR FUEL EXPENSE RELIEF —— 33 APPROPRIATION. 34 1. a. (1) The department of transportation shall issue 35 -6- H 8386.4626 (2) 89 ns/tm 6/ 55
one fifty-dollar prepaid bank, debit, or gift card to every 1 individual who both holds a valid Iowa driver’s license and 2 is the registered owner of a motor vehicle that is registered 3 in Iowa for the current registration year if the mean average 4 price for one gallon of ethanol blended gasoline classified 5 as E-10 sold in Iowa reaches or exceeds three dollars and 6 seventy-five cents during a month, as certified by the 7 department. An individual shall not be issued more than one 8 card under this section, regardless of the number of vehicles 9 the individual has registered. 10 (2) The department shall issue a card to every eligible 11 individual no later than thirty days after the month in which 12 the mean average price for one gallon of ethanol blended 13 gasoline classified as E-10 sold in Iowa reaches or exceeds 14 three dollars and seventy-five cents, as certified by the 15 department, or thirty days after the effective date of this 16 division of this Act if the mean average price for one gallon 17 of ethanol blended gasoline classified as E-10 sold in Iowa 18 reached or exceeded three dollars and seventy-five cents for 19 the month prior to the effective date of this Act. 20 b. Notwithstanding section 8.57G, subsection 2, for 21 the fiscal year beginning July 1, 2021, and ending June 30, 22 2022, there is appropriated from the Iowa coronavirus fiscal 23 recovery fund created in section 8.57G to the department of 24 transportation an amount necessary to issue prepaid bank, 25 debit, or gift cards to every eligible person under this 26 section, or the balance of the Iowa coronavirus fiscal recovery 27 fund, whichever is lower. 28 c. Notwithstanding section 8.33, moneys appropriated in 29 this section that remain unencumbered or unobligated at the 30 close of the fiscal year shall not revert but shall remain 31 available for expenditure for the purposes designated until the 32 close of the fiscal year that begins July 1, 2024. 33 2. A person who is issued a prepaid bank, debit, or gift 34 card under this section shall use the prepaid card only to 35 -7- H 8386.4626 (2) 89 ns/tm 7/ 55
purchase motor fuel in Iowa. 1 3. This section is repealed on the earliest of the 2 following: 3 a. The day after the department of transportation issues 4 a fifty-dollar prepaid bank, debit, or gift card to the last 5 eligible individual. 6 b. The date all moneys in the Iowa coronavirus fiscal 7 recovery fund have been expended. 8 c. July 1, 2025. 9 Sec. 22. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 DIVISION IV 12 SALES TAX EXEMPTIONS 13 Sec. 23. Section 423.3, Code 2022, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 108. The sales price from the sale of human 16 breastfeeding equipment. 17 DIVISION V 18 SALES TAX HOLIDAY 19 Sec. 24. Section 423.3, subsection 68, paragraph a, Code 20 2022, is amended to read as follows: 21 a. (1) The sales price from the sale of an article of 22 clothing all of the following: 23 (a) Clothing designed to be worn on or about the human body 24 if all of the following apply: . 25 (b) Emergency preparedness supplies. 26 (2) This subsection applies under all of the following 27 circumstances: 28 (1) (a) The sales price of the article is less than one 29 hundred dollars , except for the sales price of tie-down kits, 30 portable generators, transfer switches, and inverters which may 31 equal or exceed one hundred dollars up to a maximum sales price 32 of five thousand dollars . 33 (2) (b) The sale takes place during a period beginning at 34 12:01 a.m. on the first Friday in August and ending at midnight 35 -8- H 8386.4626 (2) 89 ns/tm 8/ 55
on the following Saturday Sunday . 1 Sec. 25. Section 423.3, subsection 68, paragraph c, 2 subparagraph (1), unnumbered paragraph 1, Code 2022, is amended 3 to read as follows: 4 “Clothing” means all an article of human wearing apparel 5 suitable for general use. 6 Sec. 26. Section 423.3, subsection 68, paragraph c, Code 7 2022, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (03) “Emergency preparedness supplies” 9 means a collection of basic household items purchased by 10 individuals or families for household use in the event of an 11 emergency. “Emergency preparedness supplies” includes but is 12 not limited to batteries, artificial ice packs, portable light 13 sources, portable radios, tarps and plastic drop cloths, bungee 14 cords, ropes, paracords, ground anchor systems, tie-down kits, 15 ratchet straps, duct tape, smoke detectors, carbon monoxide 16 detectors, fire extinguishers, gas containers, water storage 17 containers, nonelectric food storage containers, bottled 18 water, manual can openers, hand-held electronic communication 19 device chargers, first aid kits, emergency ladders, transfer 20 switches, inverters, and inverter power cables, and no more 21 than one portable or permanent generator per household per 22 the time period described in paragraph “a” , subparagraph (2), 23 subparagraph division (b). 24 DIVISION VI 25 GROCERY TAX CREDIT 26 Sec. 27. NEW SECTION . 422.12O Grocery tax credit. 27 1. The taxes imposed under this subchapter less the credits 28 allowed under section 422.12 shall be reduced by a grocery tax 29 credit equal to five hundred dollars in order to alleviate food 30 insecurity in this state. 31 2. A taxpayer is entitled to the credit if the taxpayer has 32 an income level at or below two hundred percent of the United 33 States poverty level as defined by the most recently revised 34 poverty income guidelines published by the United States 35 -9- H 8386.4626 (2) 89 ns/tm 9/ 55
department of health and human services. 1 3. Any credit in excess of tax liability is refundable. 2 4. Married taxpayers electing to file separate returns may 3 avail themselves of the grocery tax credit by allocating the 4 grocery tax credit to each spouse in the proportion that each 5 spouse’s respective earned income bears to the total combined 6 earned income. Taxpayers affected by the allocation provisions 7 of section 422.8 shall be permitted a deduction for the credit 8 only in the amount fairly and equitably allocable to Iowa under 9 rules prescribed by the director. 10 Sec. 28. RETROACTIVE APPLICABILITY. This division of this 11 Act applies retroactively to January 1, 2022, for tax years 12 beginning on or after that date. 13 DIVISION VII 14 CAMPAIGN FINANCE 15 Sec. 29. Section 68A.102, subsection 10, paragraph a, 16 subparagraph (2), Code 2022, is amended to read as follows: 17 (2) The payment, by any person other than a candidate or 18 political committee who receives the service , of compensation 19 for the personal services of another person which are rendered 20 to a candidate or political committee for any such purpose. 21 Sec. 30. Section 68A.102, subsection 10, paragraph a, Code 22 2022, is amended by adding the following new subparagraph: 23 NEW SUBPARAGRAPH . (3) A coordinated expenditure if the 24 expenditure must be reported pursuant to subchapter IV. 25 Sec. 31. Section 68A.102, subsections 14 and 18, Code 2022, 26 are amended to read as follows: 27 14. a. “Express advocacy” or to “expressly advocate” means 28 communication that can be characterized according to at least 29 one of the following descriptions: 30 a. (1) The communication is political speech made in the 31 form of a contribution. 32 b. (2) In advocating the election or defeat of one or more 33 clearly identified candidates or the passage or defeat of one 34 or more clearly identified ballot issues, the communication 35 -10- H 8386.4626 (2) 89 ns/tm 10/ 55
includes explicit words that unambiguously indicate that the 1 communication is recommending or supporting a particular 2 outcome in the election with regard to any clearly identified 3 candidate or ballot issue. 4 b. “Express advocacy” or “expressly advocate” does not mean 5 a communication that can be characterized according to one or 6 more of the following descriptions: 7 (1) The communication encourages individuals to register 8 to vote or to vote, provided that the communication does not 9 mention or depict a candidate or ballot issue. 10 (2) The communication does not support or oppose a candidate 11 or ballot issue. 12 (3) The communication is a bona fide news story, commentary, 13 blog, or editorial distributed through the facilities of any 14 broadcasting station, newspaper, magazine, internet site, or 15 other periodical publication of general circulation. 16 (4) The communication is by a membership organization or 17 corporation to its members, stockholders, or employees. 18 (5) The board determines by rule that the communication is 19 not express advocacy. 20 18. “Political committee” means any of the following: 21 a. A committee, but not a candidate’s committee, that 22 accepts contributions in excess of one thousand two hundred 23 fifty dollars in the aggregate, makes expenditures in excess 24 of one thousand two hundred fifty dollars in the aggregate, or 25 incurs indebtedness in excess of one thousand two hundred fifty 26 dollars in the aggregate in any one calendar year to expressly 27 advocate the nomination, election, or defeat of a candidate 28 for public office, make an electioneering communication, or to 29 expressly advocate the passage or defeat of a ballot issue. 30 b. An association, lodge, society, cooperative, union, 31 fraternity, sorority, educational institution, civic 32 organization, labor organization, religious organization, or 33 professional organization that accepts contributions in excess 34 of one thousand two hundred fifty dollars in the aggregate, 35 -11- H 8386.4626 (2) 89 ns/tm 11/ 55
makes expenditures in excess of one thousand two hundred fifty 1 dollars in the aggregate, or incurs indebtedness in excess of 2 one thousand two hundred fifty dollars in the aggregate in 3 any one calendar year to expressly advocate the nomination, 4 election, or defeat of a candidate for public office, make an 5 electioneering communication, or to expressly advocate the 6 passage or defeat of a ballot issue. 7 c. A person, other than an individual, that accepts 8 contributions in excess of one thousand two hundred fifty 9 dollars in the aggregate, makes expenditures in excess of 10 one thousand two hundred fifty dollars in the aggregate, or 11 incurs indebtedness in excess of one thousand two hundred fifty 12 dollars in the aggregate in any one calendar year to expressly 13 advocate that an individual should or should not seek election 14 to a public office prior to the individual becoming a candidate 15 as defined in subsection 4 . 16 Sec. 32. Section 68A.102, Code 2022, is amended by adding 17 the following new subsections: 18 NEW SUBSECTION . 8A. “Communication” means any of the 19 following: 20 a. A paid advertisement broadcast over radio, television, 21 cable, or satellite. 22 b. The paid placement of content on the internet or other 23 electronic communication network. 24 c. A paid advertisement published in a newspaper or 25 periodical or on a billboard. 26 d. A mailing. 27 e. A printed material. 28 NEW SUBSECTION . 10A. “Coordinated expenditure” means 29 an expenditure made in cooperation with, in consultation 30 with, at the request of, or with the express prior consent 31 of a candidate or committee receiving the benefit of the 32 expenditure. 33 NEW SUBSECTION . 13A. a. “Electioneering communication” 34 means a paid communication that is publicly distributed by 35 -12- H 8386.4626 (2) 89 ns/tm 12/ 55
radio, television, cable, satellite, internet site, newspaper, 1 periodical, billboard, mail, electronic mail, or any other 2 distribution of materials, that is made within sixty days of 3 the initiation of voting in an election that does not support 4 or oppose a candidate or ballot issue, that can be received 5 by more than one hundred persons, and that does any of the 6 following: 7 (1) Refers to one or more clearly identified candidates in 8 that election. 9 (2) Depicts the name, image, likeness, or voice of a clearly 10 identified candidate in that election. 11 (3) Refers to a political party, ballot issue, or a question 12 submitted to the voters in that election. 13 b. “Electioneering communication” does not include any of 14 the following: 15 (1) A bona fide news story, commentary, blog, or editorial 16 distributed through the facilities of any broadcasting station, 17 newspaper, magazine, internet site, or other periodical 18 publication of general circulation. 19 (2) A communication by a membership organization or 20 corporation to its members, stockholders, or employees. 21 (3) A commercial communication that depicts a candidate’s 22 name, image, likeness, or voice only in the candidate’s 23 capacity as owner, operator, or employee of a business that 24 existed prior to the organization of a candidate’s committee by 25 the candidate pursuant to section 68A.202. 26 (4) A communication that constitutes a candidate debate or 27 forum or that solely promotes a candidate debate or forum and 28 is made by or on behalf of the person sponsoring the debate or 29 forum. 30 (5) A communication that the board determines by rule is not 31 an electioneering communication. 32 Sec. 33. Section 68A.402, subsection 9, Code 2022, is 33 amended to read as follows: 34 9. a. Permanent organizations. A permanent organization 35 -13- H 8386.4626 (2) 89 ns/tm 13/ 55
temporarily engaging in activity described in section 68A.102, 1 subsection 18 , shall organize a political committee and shall 2 keep the funds relating to that political activity segregated 3 from its operating funds. The political committee shall file 4 reports on the appropriate due dates as required by this 5 section . 6 b. The reports filed under this subsection shall identify 7 the all of the following: 8 (1) The source of the original funds used for a contribution 9 made to a candidate or a committee organized under this 10 chapter . 11 (2) The aggregate amount of contributions made by each 12 person. 13 (3) Each loan received from any person during the reporting 14 period. 15 (4) The amount and nature of debts and obligations owed to 16 the committee. 17 (5) Proceeds that total less than thirty-five dollars 18 per person from mass collections made at fund-raising events 19 sponsored by the committee. 20 (6) The total sum of contributions received by the committee 21 for a specified candidate or committee. 22 (7) The full name, mailing address, occupation, and 23 principal place of business, if any, of each person or 24 committee to whom an expenditure has been made during the 25 reporting period, including the amount, date, and purpose of 26 each expenditure and the total amount of expenditures to each 27 person or committee. 28 (8) The full name, mailing address, occupation, and 29 principal place of business, if any, of each person to whom an 30 expenditure for personal services, salaries, and reimbursement 31 of expenses has been made, including the amount, date, 32 and purpose of that expenditure, and the total amount of 33 expenditures made to each person. 34 (9) The total sum of expenditures made during the reporting 35 -14- H 8386.4626 (2) 89 ns/tm 14/ 55
period. 1 (10) The full name, mailing address, occupation, and 2 principal place of business, if any, of any person to whom a 3 loan was made, and the full name, mailing address, occupation, 4 and principal place of business, if any, of any endorsers, and 5 the date and amount of each loan. 6 (11) The amount and nature of debts and obligations owed by 7 the committee. 8 (12) Other information as may be required by the board by 9 rule. 10 (13) For reports of expenditures made to a consultant, 11 advertising agency, polling firm, or other person that performs 12 services for the committee, the report shall be itemized 13 and described in sufficient detail to disclose the specific 14 services performed by the entity. 15 c. When the permanent organization ceases to be involved 16 in the political activity, the permanent organization shall 17 dissolve the political committee. 18 d. As used in this subsection , “permanent organization” 19 means an organization that is continuing, stable, and enduring, 20 and was originally organized for purposes other than engaging 21 in election activities. 22 Sec. 34. Section 68A.402A, subsection 1, paragraphs f and g, 23 Code 2022, are amended to read as follows: 24 f. The name and mailing address of each person and committee 25 to whom disbursements , payments for personal services, 26 salaries, reimbursement for expenses, or loan repayments 27 have been made by the committee from contributions during 28 the reporting period and the amount, purpose, and date of 29 each disbursement except that disbursements of less than five 30 dollars may be shown as miscellaneous disbursements so long as 31 the aggregate miscellaneous disbursements to any one person 32 during a calendar year do not exceed one hundred dollars. 33 Reports of disbursements under this paragraph must be itemized 34 and sufficiently detailed to disclose the specific services 35 -15- H 8386.4626 (2) 89 ns/tm 15/ 55
performed by the person to whom a disbursement was made. 1 g. Disbursements made to a consultant , advertising agency, 2 or polling firm and disbursements made by the consultant , 3 advertising agency, or polling firm during the reporting 4 period disclosing the name and address of the recipient, 5 amount, purpose, and date. Reports of disbursements under 6 this paragraph must be itemized and sufficiently detailed to 7 disclose the specific services performed by the entity to whom 8 a disbursement was made. 9 Sec. 35. Section 68A.402A, subsection 1, Code 2022, is 10 amended by adding the following new paragraph: 11 NEW PARAGRAPH . l. The total sum of disbursements made. 12 Sec. 36. NEW SECTION . 68A.404A Electioneering 13 communications —— reports. 14 1. A person making an electioneering communication shall 15 file a report with the board, including a description of the 16 communication, how the communication was distributed, and 17 the amount of any expenditure made on the electioneering 18 communication, except that a person spending less than two 19 hundred fifty dollars on electioneering communications in a 20 taxable year shall not be required to file a report. 21 2. The board shall adopt rules for the form and schedule of 22 reports filed under this section. 23 Sec. 37. Section 68A.405, subsection 1, paragraphs b, c, d, 24 e, f, g, and h, Code 2022, are amended to read as follows: 25 b. (1) Except as set out in subsection 2 , published 26 material designed to expressly advocate the nomination, 27 election, or defeat of a candidate for public office or 28 the passage or defeat of a ballot issue and electioneering 29 communications shall include on the published material 30 or electioneering communication an attribution statement 31 disclosing who is responsible for the published material or 32 electioneering communication . 33 (2) The person who is responsible for the published material 34 or electioneering communication has the sole responsibility 35 -16- H 8386.4626 (2) 89 ns/tm 16/ 55
and liability for the attribution statement required by this 1 section. 2 c. If the person paying for the published material or 3 electioneering communication is an individual, the words “paid 4 for by” and the name and address of the person shall appear on 5 the published material or electioneering communication . 6 d. If more than one individual is responsible, the words 7 “paid for by”, the names of the individuals, and either 8 the addresses of the individuals or a statement that the 9 addresses of the individuals are on file with the Iowa ethics 10 and campaign disclosure board shall appear on the published 11 material or electioneering communication . 12 e. If the person responsible is an organization, the words 13 “paid for by”, the name and address of the organization, and 14 the name of one officer of the organization shall appear on the 15 published material or electioneering communication . 16 f. If the person responsible is a corporation, the words 17 “paid for by”, the name and address of the corporation, and the 18 name and title of the corporation’s chief executive officer 19 shall appear on the published material or electioneering 20 communication . 21 g. If the person responsible is a committee that has filed 22 a statement of organization pursuant to section 68A.201 , the 23 words “paid for by” and the name of the committee shall appear 24 on the published material or electioneering communication . 25 h. If the published material or electioneering communication 26 is the result of an independent expenditure subject to section 27 68A.404 , the published material or electioneering communication 28 shall include a statement that the published material or 29 electioneering communication was not authorized by any 30 candidate, candidate’s committee, or ballot issue committee. 31 Sec. 38. Section 68A.405, subsection 2, paragraph d, Code 32 2022, is amended to read as follows: 33 d. Any published material or electioneering communication 34 that is subject to federal regulations regarding an attribution 35 -17- H 8386.4626 (2) 89 ns/tm 17/ 55
requirement. 1 Sec. 39. Section 68A.405, subsection 4, Code 2022, is 2 amended to read as follows: 3 4. The board shall adopt rules relating to the placing of an 4 attribution statement on published materials and electioneering 5 communication . 6 DIVISION VIII 7 WEATHERIZATION ASSISTANCE 8 Sec. 40. Section 476.6, subsection 15, paragraph a, 9 subparagraph (1), subparagraph division (a), Code 2022, is 10 amended to read as follows: 11 (a) Electric utilities required to be rate-regulated under 12 this chapter shall file five-year energy efficiency plans 13 and demand response plans with the board. Gas utilities 14 required to be rate-regulated under this chapter shall file 15 five-year energy efficiency plans with the board. An energy 16 efficiency plan and budget or a demand response plan and budget 17 shall include a range of energy efficiency or demand response 18 programs, tailored to the needs of all customer classes, 19 including residential, commercial, and industrial customers, 20 for energy efficiency opportunities. The plans shall 21 include programs for qualified low-income persons including a 22 cooperative program with any community action agency within the 23 utility’s service area to implement countywide or communitywide 24 energy efficiency programs for qualified low-income persons. 25 Energy efficiency plans filed by rate-regulated gas and 26 electric utilities shall include weatherization assistance 27 programs for qualified low-income persons, which programs shall 28 be funded by the gas or electric utility in an amount no less 29 than the amount used to fund such programs pursuant to the 30 gas or electric utility’s five-year energy efficiency plan in 31 effect as of July 1, 2022. Rate-regulated gas and electric 32 utilities shall utilize Iowa agencies and Iowa contractors to 33 the maximum extent cost-effective in their energy efficiency 34 plans or demand response plans filed with the board. 35 -18- H 8386.4626 (2) 89 ns/tm 18/ 55
Sec. 41. Section 476.6, subsection 15, paragraph c, 1 subparagraph (2), Code 2022, is amended to read as follows: 2 (2) (a) Notwithstanding the goals developed pursuant 3 to paragraph “b” , the board shall not require or allow a gas 4 utility to adopt an energy efficiency plan that results in 5 projected cumulative average annual costs that exceed one 6 and one-half percent of the gas utility’s expected annual 7 Iowa retail rate revenue from retail customers in the state, 8 shall not require or allow an electric utility to adopt an 9 energy efficiency plan that results in projected cumulative 10 average annual costs that exceed two percent of the electric 11 utility’s expected annual Iowa retail rate revenue from retail 12 customers in the state, and shall not require or allow an 13 electric utility to adopt a demand response plan that results 14 in projected cumulative average annual costs that exceed two 15 percent of the electric utility’s expected annual Iowa retail 16 rate revenue from retail customers in the state. 17 (b) For purposes of determining the one and one-half or two 18 percent threshold amount, the board shall exclude all of the 19 following from an a gas or electric utility’s expected annual 20 Iowa retail rate revenue the : 21 (i) The revenues expected from customers that have received 22 exemptions from energy efficiency plans pursuant to paragraph 23 “a” . 24 (ii) The costs of providing weatherization assistance 25 programs for qualified low-income persons, as required in 26 paragraph “a” , subparagraph (1), subparagraph division (a). 27 (c) This subparagraph shall apply to energy efficiency 28 plans and demand response plans that are effective on or after 29 January 1, 2019 2022 . 30 Sec. 42. RETROACTIVE APPLICABILITY. This division of 31 this Act applies retroactively to January 1, 2022, for energy 32 efficiency plans that are effective on or after January 1, 33 2022. 34 DIVISION IX 35 -19- H 8386.4626 (2) 89 ns/tm 19/ 55
USE OF PRIMARY ROAD FUND MONEYS 1 Sec. 43. Section 313.4, subsection 1, paragraph c, Code 2 2022, is amended by striking the paragraph. 3 DIVISION X 4 MEDICAID EXTENDED POSTPARTUM COVERAGE OPTION —— APPROPRIATION 5 Sec. 44. MEDICAID EXTENDED POSTPARTUM COVERAGE OPTION. The 6 department of human services shall submit a Medicaid state plan 7 amendment to the centers for Medicare and Medicaid services of 8 the United States department of health and human services for 9 approval of the option to provide twelve months of continuous 10 postpartum coverage under the Medicaid program to pregnant 11 women enrolled in the Medicaid program in accordance with 12 section 1902(e)(16) of the Social Security Act. 13 Sec. 45. MEDICAID EXTENDED POSTPARTUM COVERAGE OPTION —— 14 APPROPRIATION. There is appropriated from the general fund of 15 the state to the department of human services for the following 16 fiscal years, the following amounts or so much thereof as is 17 necessary to fund extended postpartum coverage to pregnant 18 women enrolled in the Medicaid program in accordance with this 19 division of this Act: 20 FY 2022-2023: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,588,660 22 FY 2023-2024: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,878,785 24 DIVISION XI 25 MEDICAL CANNABIDIOL PROGRAM 26 Sec. 46. Section 124E.1, Code 2022, is amended to read as 27 follows: 28 124E.1 Short title. 29 This chapter shall be known and may be cited as the “Medical 30 Cannabidiol Cannabis Act” . 31 Sec. 47. Section 124E.2, subsection 2, Code 2022, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . l. Any other medical condition for which 34 the patient’s health care practitioner determines the use of 35 -20- H 8386.4626 (2) 89 ns/tm 20/ 55
medical cannabis could be medically beneficial. 1 Sec. 48. Section 124E.2, subsection 7, Code 2022, is amended 2 to read as follows: 3 7. “Health care practitioner” means an individual licensed 4 under chapter 148 to practice medicine and surgery or 5 osteopathic medicine and surgery, a physician assistant 6 licensed under chapter 148C , an advanced registered nurse 7 practitioner licensed under chapter 152 , or an advanced 8 practice registered nurse under chapter 152E , who is a 9 patient’s primary care provider , or a podiatrist licensed 10 pursuant to chapter 149 , or a pharmacist licensed pursuant 11 to chapter 155A who has completed medical cannabis training 12 requirements imposed by the board of pharmacy . 13 Sec. 49. Section 124E.3, subsection 1, paragraph a, Code 14 2022, is amended to read as follows: 15 a. (1) Determine, in the health care practitioner’s medical 16 judgment, whether the patient whom the health care practitioner 17 has examined and treated suffers from a debilitating medical 18 condition that qualifies for the use of medical cannabidiol 19 cannabis under this chapter , and if so determined, provide the 20 patient with a written certification of that diagnosis. 21 (2) If a health care practitioner determines that the 22 patient whom the health care practitioner has examined and 23 treated suffers from a debilitating medical condition pursuant 24 to section 124E.2, subsection 2, paragraph “l” , that qualifies 25 for the use of medical cannabis under this chapter, the health 26 care practitioner’s written certification shall be based on 27 reasonable medical evidence, and shall be made in good faith, 28 in the best interest of the patient, without fraudulent intent, 29 and with the same reasonable medical judgment and prudence 30 exercised according to generally accepted medical practice. 31 Sec. 50. Section 124E.4, subsection 1, paragraph e, Code 32 2022, is amended to read as follows: 33 e. Submits a medical cannabidiol cannabis registration 34 card fee of one hundred ten dollars to the department. If 35 -21- H 8386.4626 (2) 89 ns/tm 21/ 55
the patient attests to receiving social security disability 1 benefits, supplemental security insurance payments, or being 2 enrolled in the medical assistance program, the fee shall be 3 twenty-five dollars submits documentation that the patient is a 4 veteran as defined in section 35.1, the department shall waive 5 the fee . 6 Sec. 51. Section 124E.4, subsection 3, paragraph c, Code 7 2022, is amended to read as follows: 8 c. Submits a medical cannabidiol cannabis registration card 9 fee of twenty-five ten dollars to the department. 10 Sec. 52. Section 124E.5, subsection 1, paragraphs a and b, 11 Code 2022, are amended to read as follows: 12 a. A medical cannabidiol cannabis board is created 13 consisting of eight ten practitioners representing the fields 14 of neurology, pain management, gastroenterology, oncology, 15 psychiatry, pediatrics, family medicine, physician assistance, 16 advanced practice registered nursing, and pharmacy, and one 17 representative from law enforcement. 18 b. The practitioners shall be licensed in this state and 19 nationally board-certified in their area of specialty and 20 knowledgeable about the use of medical cannabidiol cannabis . 21 Sec. 53. Section 124E.7, subsection 12, paragraph c, Code 22 2022, is amended to read as follows: 23 c. A medical cannabidiol cannabis manufacturer shall not 24 may manufacture edible medical cannabidiol cannabis products. 25 However, an edible medical cannabis product shall not appear 26 in a form or be sold in packaging that would be likely to 27 appeal to children. The department shall adopt rules for the 28 implementation of this paragraph. 29 Sec. 54. Section 124E.9, subsection 14, Code 2022, is 30 amended to read as follows: 31 14. A medical cannabidiol cannabis dispensary shall not 32 dispense more than a combined total of four and one-half 33 seventeen grams of total tetrahydrocannabinol to a patient and 34 the patient’s primary caregiver in a ninety-day period, except 35 -22- H 8386.4626 (2) 89 ns/tm 22/ 55
as provided in subsection 15 . 1 Sec. 55. Section 124E.9, subsection 15, unnumbered 2 paragraph 1, Code 2022, is amended to read as follows: 3 A medical cannabidiol cannabis dispensary may dispense 4 more than a combined total of four and one-half seventeen 5 grams of total tetrahydrocannabinol to a patient and the 6 patient’s primary caregiver in a ninety-day period if any of 7 the following apply: 8 Sec. 56. Section 124E.9, subsection 15, paragraph b, Code 9 2022, is amended to read as follows: 10 b. The health care practitioner who certified the patient 11 to receive a medical cannabidiol cannabis registration 12 card certifies that the patient has participated in the 13 medical cannabidiol cannabis program and that the health 14 care practitioner has determined that four and one-half 15 seventeen grams of total tetrahydrocannabinol in a ninety-day 16 period is insufficient to treat the patient’s debilitating 17 medical condition. A certification issued pursuant to this 18 paragraph shall include a total tetrahydrocannabinol cap deemed 19 appropriate by the patient’s health care practitioner. 20 Sec. 57. Section 124E.9, Code 2022, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 16. A medical cannabis dispensary may send 23 medical cannabis to a patient or a patient’s primary caregiver 24 following an initial telehealth consultation with the patient 25 and receipt of proof that the patient or patient’s primary 26 caregiver possesses a valid medical cannabis registration card. 27 The department shall adopt rules for the implementation of this 28 subsection. 29 Sec. 58. NEW SECTION . 155A.49 Medical cannabis —— 30 recommendation. 31 The board shall adopt rules establishing the requirements a 32 pharmacist must meet prior to recommending the use of medical 33 cannabis by a patient pursuant to chapter 124E. 34 Sec. 59. Section 423.3, subsection 60, paragraph a, 35 -23- H 8386.4626 (2) 89 ns/tm 23/ 55
unnumbered paragraph 1, Code 2022, is amended to read as 1 follows: 2 “Drug” means a compound, substance, or preparation, and any 3 component of a compound, substance, or preparation, including 4 medical cannabis as defined in section 124E.2, other than 5 food and food ingredients, dietary supplements, or alcoholic 6 beverages, which is any of the following: 7 DIVISION XII 8 MEDICAL CANNABIDIOL PROGRAM NAME CHANGE —— CONFORMING CODE 9 CHANGES 10 Sec. 60. Section 124.401, subsection 5, unnumbered 11 paragraph 3, Code 2022, is amended to read as follows: 12 A person may knowingly or intentionally recommend, possess, 13 use, dispense, deliver, transport, or administer cannabidiol 14 medical cannabis if the recommendation, possession, use, 15 dispensing, delivery, transporting, or administering is in 16 accordance with the provisions of chapter 124E . For purposes 17 of this paragraph, “cannabidiol” “medical cannabis” means the 18 same as defined in section 124E.2 . 19 Sec. 61. Section 124E.2, subsections 8, 9, 10, and 11, Code 20 2022, are amended to read as follows: 21 8. “Laboratory” means the state hygienic laboratory at 22 the university of Iowa in Iowa City or any other independent 23 medical cannabidiol cannabis testing facility accredited 24 to standard ISO/IEC 17025 by an international organization 25 for standards-approved accrediting body, with a controlled 26 substance registration certificate from the United States drug 27 enforcement administration and a certificate of registration 28 from the board of pharmacy. For the purposes of this chapter , 29 an independent laboratory is a laboratory operated by an entity 30 that has no equity ownership in a medical cannabidiol cannabis 31 manufacturer. 32 9. “Marijuana” means any derivative of marijuana including 33 but not limited to medical cannabidiol cannabis . 34 10. “Medical cannabidiol cannabis means any pharmaceutical 35 -24- H 8386.4626 (2) 89 ns/tm 24/ 55
grade cannabinoid found in the plant Cannabis sativa L. or 1 Cannabis indica or any other preparation thereof that is 2 delivered in a form recommended by the medical cannabidiol 3 cannabis board, approved by the board of medicine, and adopted 4 by the department pursuant to rule. 5 11. “Primary caregiver” means a person who is a resident of 6 this state or a bordering state as defined in section 331.910 , 7 including but not limited to a parent or legal guardian, at 8 least eighteen years of age, who has been designated by a 9 patient’s health care practitioner as a necessary caretaker 10 taking responsibility for managing the well-being of the 11 patient with respect to the use of medical cannabidiol cannabis 12 pursuant to the provisions of this chapter . 13 Sec. 62. Section 124E.3, subsection 1, unnumbered paragraph 14 1, Code 2022, is amended to read as follows: 15 Prior to a patient’s submission of an application for a 16 medical cannabidiol cannabis registration card pursuant to 17 section 124E.4 , a health care practitioner shall do all of the 18 following: 19 Sec. 63. Section 124E.3, subsection 1, paragraph b, Code 20 2022, is amended to read as follows: 21 b. Provide explanatory information as provided by the 22 department to the patient about the therapeutic use of medical 23 cannabidiol cannabis and the possible risks, benefits, and side 24 effects of the proposed treatment. 25 Sec. 64. Section 124E.4, subsection 1, unnumbered paragraph 26 1, Code 2022, is amended to read as follows: 27 Subject to subsection 6 , the department may issue a medical 28 cannabidiol cannabis registration card to a patient who: 29 Sec. 65. Section 124E.4, subsection 2, unnumbered paragraph 30 1, Code 2022, is amended to read as follows: 31 A medical cannabidiol cannabis registration card issued to 32 a patient by the department pursuant to subsection 1 shall 33 contain, at a minimum, all of the following: 34 Sec. 66. Section 124E.4, subsection 2, paragraph b, Code 35 -25- H 8386.4626 (2) 89 ns/tm 25/ 55
2022, is amended to read as follows: 1 b. The date of issuance and expiration date of the medical 2 cannabidiol cannabis registration card. 3 Sec. 67. Section 124E.4, subsection 3, unnumbered paragraph 4 1, Code 2022, is amended to read as follows: 5 For a patient in a primary caregiver’s care, subject to 6 subsection 6 , the department may issue a medical cannabidiol 7 cannabis registration card to the primary caregiver who: 8 Sec. 68. Section 124E.4, subsection 4, unnumbered paragraph 9 1, Code 2022, is amended to read as follows: 10 A medical cannabidiol cannabis registration card issued by 11 the department to a primary caregiver pursuant to subsection 3 12 shall contain, at a minimum, all of the following: 13 Sec. 69. Section 124E.4, subsection 4, paragraph c, Code 14 2022, is amended to read as follows: 15 c. The medical cannabidiol cannabis registration card 16 number of each patient in the primary caregiver’s care. If 17 the patient in the primary caregiver’s care is under the age 18 of eighteen, the full name of the patient’s parent or legal 19 guardian. 20 Sec. 70. Section 124E.4, subsections 5 and 6, Code 2022, are 21 amended to read as follows: 22 5. Expiration date of card. A medical cannabidiol cannabis 23 registration card issued pursuant to this section shall expire 24 one year after the date of issuance and may be renewed. 25 6. Federally approved clinical trials. The department shall 26 not approve the issuance of a medical cannabidiol cannabis 27 registration card pursuant to this section for a patient who 28 is enrolled in a federally approved clinical trial for the 29 treatment of a debilitating medical condition with medical 30 cannabidiol cannabis . 31 Sec. 71. Section 124E.5, subsections 2, 3, 4, 5, and 6, Code 32 2022, are amended to read as follows: 33 2. The medical cannabidiol cannabis board shall convene at 34 least twice per year. 35 -26- H 8386.4626 (2) 89 ns/tm 26/ 55
3. The duties of the medical cannabidiol cannabis board 1 shall include but not be limited to the following: 2 a. Accepting and reviewing petitions to add medical 3 conditions, medical treatments, or debilitating diseases to the 4 list of debilitating medical conditions for which the medical 5 use of cannabidiol cannabis would be medically beneficial under 6 this chapter . 7 b. Making recommendations relating to the removal or 8 addition of debilitating medical conditions to the list 9 of allowable debilitating medical conditions for which the 10 medical use of cannabidiol cannabis under this chapter would 11 be medically beneficial. 12 c. Working with the department regarding the requirements 13 for the licensure of medical cannabidiol cannabis manufacturers 14 and medical cannabidiol cannabis dispensaries, including 15 licensure procedures. 16 d. Advising the department regarding the location of medical 17 cannabidiol cannabis manufacturers and medical cannabidiol 18 cannabis dispensaries throughout the state. 19 e. Making recommendations relating to the form and quantity 20 of allowable medical uses of cannabidiol cannabis . 21 4. Recommendations made by the medical cannabidiol cannabis 22 board pursuant to subsection 3 , paragraphs “b” and “e” , shall 23 be made to the board of medicine for consideration, and if 24 approved, shall be adopted by the board of medicine by rule. 25 5. On or before January 1 of each year, beginning January 26 1, 2018, the medical cannabidiol cannabis board shall submit a 27 report detailing the activities of the board. 28 6. The general assembly shall have the sole authority 29 to revise the definition of medical cannabidiol cannabis for 30 purposes of this chapter . 31 Sec. 72. Section 124E.6, Code 2022, is amended to read as 32 follows: 33 124E.6 Medical cannabidiol cannabis manufacturer licensure. 34 1. a. The department shall issue a request for proposals 35 -27- H 8386.4626 (2) 89 ns/tm 27/ 55
to select and license by December 1, 2017, up to two medical 1 cannabidiol cannabis manufacturers to manufacture and to 2 possess, cultivate, harvest, transport, package, process, 3 or supply medical cannabidiol cannabis within this state 4 consistent with the provisions of this chapter . The department 5 shall license new medical cannabidiol cannabis manufacturers 6 or relicense the existing medical cannabidiol cannabis 7 manufacturers by December 1 of each year. 8 b. Information submitted during the application process 9 shall be confidential until a medical cannabidiol cannabis 10 manufacturer is licensed by the department unless otherwise 11 protected from disclosure under state or federal law. 12 2. As a condition for licensure, a medical cannabidiol 13 cannabis manufacturer must agree to begin supplying medical 14 cannabidiol cannabis to medical cannabidiol cannabis 15 dispensaries in this state no later than December 1, 2018. 16 3. The department shall consider the following factors in 17 determining whether to select and license a medical cannabidiol 18 cannabis manufacturer: 19 a. The technical expertise of the medical cannabidiol 20 cannabis manufacturer regarding medical cannabidiol cannabis . 21 b. The qualifications of the medical cannabidiol cannabis 22 manufacturer’s employees. 23 c. The long-term financial stability of the medical 24 cannabidiol cannabis manufacturer. 25 d. The ability to provide appropriate security measures on 26 the premises of the medical cannabidiol cannabis manufacturer. 27 e. Whether the medical cannabidiol cannabis manufacturer 28 has demonstrated an ability to meet certain medical cannabidiol 29 cannabis production needs for medical use regarding the range 30 of recommended dosages for each debilitating medical condition, 31 the range of chemical compositions of any plant of the genus 32 cannabis that will likely be medically beneficial for each 33 of the debilitating medical conditions, and the form of the 34 medical cannabidiol cannabis in the manner determined by the 35 -28- H 8386.4626 (2) 89 ns/tm 28/ 55
department pursuant to rule. 1 f. The medical cannabidiol cannabis manufacturer’s 2 projection of and ongoing assessment of fees on patients with 3 debilitating medical conditions. 4 4. A medical cannabidiol cannabis manufacturer shall 5 contract with a laboratory to perform spot-check testing of 6 the medical cannabidiol cannabis produced by the medical 7 cannabidiol cannabis manufacturer as provided in section 8 124E.7 . The department shall require that the laboratory 9 report testing results to the medical cannabidiol cannabis 10 manufacturer and the department as determined by the department 11 by rule. If a medical cannabidiol cannabis manufacturer 12 contracts with a laboratory other than the state hygienic 13 laboratory at the university of Iowa in Iowa City, the 14 department shall approve the laboratory to perform testing 15 pursuant to this chapter . 16 5. Each entity submitting an application for licensure 17 as a medical cannabidiol cannabis manufacturer shall pay a 18 nonrefundable application fee of seven thousand five hundred 19 dollars to the department. 20 Sec. 73. Section 124E.7, subsections 1, 2, 3, 4, 5, 6, 7, 8, 21 9, 10, and 11, Code 2022, are amended to read as follows: 22 1. A medical cannabidiol cannabis manufacturer shall 23 contract with a laboratory to perform spot-check testing of 24 the medical cannabidiol cannabis produced by the medical 25 cannabidiol cannabis manufacturer as to content, contamination, 26 and consistency. The cost of all laboratory testing shall be 27 paid by the medical cannabidiol cannabis manufacturer. 28 2. The operating documents of a medical cannabidiol 29 cannabis manufacturer shall include all of the following: 30 a. Procedures for the oversight of the medical cannabidiol 31 cannabis manufacturer and procedures to ensure accurate 32 recordkeeping. 33 b. Procedures for the implementation of appropriate security 34 measures to deter and prevent the theft of medical cannabidiol 35 -29- H 8386.4626 (2) 89 ns/tm 29/ 55
cannabis and unauthorized entrance into areas containing 1 medical cannabidiol cannabis . 2 3. A medical cannabidiol cannabis manufacturer shall 3 implement security requirements, including requirements for 4 protection of each location by a fully operational security 5 alarm system, facility access controls, perimeter intrusion 6 detection systems, and a personnel identification system. 7 4. A medical cannabidiol cannabis manufacturer shall 8 not share office space with, refer patients to, or have any 9 financial relationship with a health care practitioner. 10 5. A medical cannabidiol cannabis manufacturer shall not 11 permit any person to consume medical cannabidiol cannabis on 12 the property of the medical cannabidiol cannabis manufacturer. 13 6. A medical cannabidiol cannabis manufacturer is subject 14 to reasonable inspection by the department. 15 7. A medical cannabidiol cannabis manufacturer shall not 16 employ a person who is under eighteen years of age or who has 17 been convicted of a disqualifying felony offense. An employee 18 of a medical cannabidiol cannabis manufacturer shall be subject 19 to a background investigation conducted by the division of 20 criminal investigation of the department of public safety and a 21 national criminal history background check pursuant to section 22 124E.19 . 23 8. A medical cannabidiol cannabis manufacturer owner shall 24 not have been convicted of a disqualifying felony offense and 25 shall be subject to a background investigation conducted by 26 the division of criminal investigation of the department of 27 public safety and a national criminal history background check 28 pursuant to section 124E.19 . 29 9. A medical cannabidiol cannabis manufacturer shall not 30 operate at the same physical location as a medical cannabidiol 31 cannabis dispensary. 32 10. A medical cannabidiol cannabis manufacturer shall not 33 operate in any location, whether for manufacturing, possessing, 34 cultivating, harvesting, transporting, packaging, processing, 35 -30- H 8386.4626 (2) 89 ns/tm 30/ 55
or supplying, within one thousand feet of a public or private 1 school existing before the date of the medical cannabidiol 2 cannabis manufacturer’s licensure by the department. 3 11. A medical cannabidiol cannabis manufacturer shall 4 comply with reasonable restrictions set by the department 5 relating to signage, marketing, display, and advertising of 6 medical cannabidiol cannabis . 7 Sec. 74. Section 124E.7, subsection 12, paragraphs a and b, 8 Code 2022, are amended to read as follows: 9 a. A medical cannabidiol cannabis manufacturer shall provide 10 a reliable and ongoing supply of medical cannabidiol cannabis 11 to medical cannabidiol cannabis dispensaries pursuant to this 12 chapter . 13 b. All manufacturing, cultivating, harvesting, packaging, 14 and processing of medical cannabidiol cannabis shall take place 15 in an enclosed, locked facility at a physical address provided 16 to the department during the licensure process. 17 Sec. 75. Section 124E.8, Code 2022, is amended to read as 18 follows: 19 124E.8 Medical cannabidiol cannabis dispensary licensure. 20 1. a. The department shall issue a request for proposals 21 to select and license by April 1, 2018, up to five medical 22 cannabidiol cannabis dispensaries to dispense medical 23 cannabidiol cannabis within this state consistent with the 24 provisions of this chapter . The department shall license new 25 medical cannabidiol cannabis dispensaries or relicense the 26 existing medical cannabidiol cannabis dispensaries by December 27 1 of each year. 28 b. Information submitted during the application process 29 shall be confidential until a medical cannabidiol cannabis 30 dispensary is licensed by the department unless otherwise 31 protected from disclosure under state or federal law. 32 2. As a condition for licensure, a medical cannabidiol 33 cannabis dispensary must agree to begin supplying medical 34 cannabidiol cannabis to patients by December 1, 2018. 35 -31- H 8386.4626 (2) 89 ns/tm 31/ 55
3. The department shall consider the following factors in 1 determining whether to select and license a medical cannabidiol 2 cannabis dispensary: 3 a. The technical expertise of the medical cannabidiol 4 cannabis dispensary regarding medical cannabidiol cannabis . 5 b. The qualifications of the medical cannabidiol cannabis 6 dispensary’s employees. 7 c. The long-term financial stability of the medical 8 cannabidiol cannabis dispensary. 9 d. The ability to provide appropriate security measures on 10 the premises of the medical cannabidiol cannabis dispensary. 11 e. The medical cannabidiol cannabis dispensary’s projection 12 and ongoing assessment of fees for the purchase of medical 13 cannabidiol cannabis on patients with debilitating medical 14 conditions. 15 4. Each entity submitting an application for licensure 16 as a medical cannabidiol cannabis dispensary shall pay a 17 nonrefundable application fee of five thousand dollars to the 18 department. 19 Sec. 76. Section 124E.9, subsections 1, 2, 3, 4, 5, 6, 7, 20 8, 9, 10, 11, 12, and 13, Code 2022, are amended to read as 21 follows: 22 1. a. The medical cannabidiol cannabis dispensaries shall 23 be located based on geographical need throughout the state to 24 improve patient access. 25 b. A medical cannabidiol cannabis dispensary may dispense 26 medical cannabidiol cannabis pursuant to the provisions of this 27 chapter but shall not dispense any medical cannabidiol cannabis 28 in a form or quantity other than the form or quantity allowed 29 by the department pursuant to rule. 30 2. The operating documents of a medical cannabidiol 31 cannabis dispensary shall include all of the following: 32 a. Procedures for the oversight of the medical cannabidiol 33 cannabis dispensary and procedures to ensure accurate 34 recordkeeping. 35 -32- H 8386.4626 (2) 89 ns/tm 32/ 55
b. Procedures for the implementation of appropriate security 1 measures to deter and prevent the theft of medical cannabidiol 2 cannabis and unauthorized entrance into areas containing 3 medical cannabidiol cannabis . 4 3. A medical cannabidiol cannabis dispensary shall 5 implement security requirements, including requirements for 6 protection by a fully operational security alarm system, 7 facility access controls, perimeter intrusion detection 8 systems, and a personnel identification system. 9 4. A medical cannabidiol cannabis dispensary shall not 10 share office space with, refer patients to, or have any 11 financial relationship with a health care practitioner. 12 5. A medical cannabidiol cannabis dispensary shall not 13 permit any person to consume medical cannabidiol cannabis on 14 the property of the medical cannabidiol cannabis dispensary. 15 6. A medical cannabidiol cannabis dispensary is subject to 16 reasonable inspection by the department. 17 7. A medical cannabidiol cannabis dispensary shall not 18 employ a person who is under eighteen years of age or who has 19 been convicted of a disqualifying felony offense. An employee 20 of a medical cannabidiol cannabis dispensary shall be subject 21 to a background investigation conducted by the division of 22 criminal investigation of the department of public safety and a 23 national criminal history background check pursuant to section 24 124E.19 . 25 8. A medical cannabidiol cannabis dispensary owner shall 26 not have been convicted of a disqualifying felony offense and 27 shall be subject to a background investigation conducted by 28 the division of criminal investigation of the department of 29 public safety and a national criminal history background check 30 pursuant to section 124E.19 . 31 9. A medical cannabidiol cannabis dispensary shall not 32 operate at the same physical location as a medical cannabidiol 33 cannabis manufacturer. 34 10. A medical cannabidiol cannabis dispensary shall not 35 -33- H 8386.4626 (2) 89 ns/tm 33/ 55
operate in any location within one thousand feet of a public 1 or private school existing before the date of the medical 2 cannabidiol cannabis dispensary’s licensure by the department. 3 11. A medical cannabidiol cannabis dispensary shall comply 4 with reasonable restrictions set by the department relating 5 to signage, marketing, display, and advertising of medical 6 cannabidiol cannabis . 7 12. Prior to dispensing of any medical cannabidiol 8 cannabis , a medical cannabidiol cannabis dispensary shall do 9 all of the following: 10 a. Verify that the medical cannabidiol cannabis dispensary 11 has received a valid medical cannabidiol cannabis registration 12 card from a patient or a patient’s primary caregiver, if 13 applicable. 14 b. Assign a tracking number to any medical cannabidiol 15 cannabis dispensed from the medical cannabidiol cannabis 16 dispensary. 17 c. Properly package medical cannabidiol cannabis in 18 compliance with federal law regarding child resistant packaging 19 and exemptions for packaging for elderly patients, and 20 label medical cannabidiol cannabis with a list of all active 21 ingredients and individually identifying information. 22 13. A medical cannabidiol cannabis dispensary shall employ 23 a pharmacist or pharmacy technician licensed or registered 24 pursuant to chapter 155A for the purpose of making dosing 25 recommendations. 26 Sec. 77. Section 124E.9, subsection 15, paragraph a, Code 27 2022, is amended to read as follows: 28 a. The health care practitioner who certified the patient 29 to receive a medical cannabidiol cannabis registration card 30 certifies that patient’s debilitating medical condition is a 31 terminal illness with a life expectancy of less than one year. 32 A certification issued pursuant to this paragraph shall include 33 a total tetrahydrocannabinol cap deemed appropriate by the 34 patient’s health care practitioner. 35 -34- H 8386.4626 (2) 89 ns/tm 34/ 55
Sec. 78. Section 124E.10, Code 2022, is amended to read as 1 follows: 2 124E.10 Fees. 3 All fees collected by the department under this chapter 4 shall be retained by the department for operation of the 5 medical cannabidiol cannabis registration card program and 6 the medical cannabidiol cannabis manufacturer and medical 7 cannabidiol cannabis dispensary licensing programs. The moneys 8 retained by the department shall be considered repayment 9 receipts as defined in section 8.2 and shall be used for any of 10 the department’s duties under this chapter , including but not 11 limited to the addition of full-time equivalent positions for 12 program services and investigations. Notwithstanding section 13 8.33 , moneys retained by the department pursuant to this 14 section shall not revert to the general fund of the state but 15 shall remain available for expenditure only for the purposes 16 specified in this section . 17 Sec. 79. Section 124E.11, subsection 1, paragraph a, Code 18 2022, is amended to read as follows: 19 a. The department shall maintain a confidential file of the 20 names of each patient to or for whom the department issues a 21 medical cannabidiol cannabis registration card and the name of 22 each primary caregiver to whom the department issues a medical 23 cannabidiol cannabis registration card under section 124E.4 . 24 Sec. 80. Section 124E.11, subsection 1, paragraph b, 25 subparagraph (1), subparagraph divisions (b) and (d), Code 26 2022, are amended to read as follows: 27 (b) To authorized employees of law enforcement agencies 28 of a state or political subdivision thereof, but only for the 29 purpose of verifying that a person is lawfully in possession 30 of a medical cannabidiol cannabis registration card issued 31 pursuant to this chapter . 32 (d) To any other authorized persons recognized by the 33 department by rule, but only for the purpose of verifying that 34 a person is lawfully in possession of a medical cannabidiol 35 -35- H 8386.4626 (2) 89 ns/tm 35/ 55
cannabis registration card issued pursuant to this chapter . 1 Sec. 81. Section 124E.11, subsection 2, Code 2022, is 2 amended to read as follows: 3 2. The department shall adopt rules pursuant to chapter 4 17A to administer this chapter which shall include but not be 5 limited to rules to do all of the following: 6 a. Govern the manner in which the department shall consider 7 applications for new and renewal medical cannabidiol cannabis 8 registration cards. 9 b. Ensure that the medical cannabidiol cannabis registration 10 card program operates on a self-sustaining basis. 11 c. Establish the form and quantity of medical cannabidiol 12 cannabis allowed to be dispensed to a patient or primary 13 caregiver pursuant to this chapter as appropriate to serve the 14 medical needs of patients with debilitating medical conditions, 15 subject to recommendation by the medical cannabidiol cannabis 16 board and approval by the board of medicine. 17 d. Establish requirements for the licensure of medical 18 cannabidiol cannabis manufacturers and medical cannabidiol 19 cannabis dispensaries and set forth procedures for medical 20 cannabidiol cannabis manufacturers and medical cannabidiol 21 cannabis dispensaries to obtain licenses. 22 e. Develop a dispensing system for medical cannabidiol 23 cannabis within this state that provides for all of the 24 following: 25 (1) Medical cannabidiol cannabis dispensaries within this 26 state housed on secured grounds and operated by licensed 27 medical cannabidiol cannabis dispensaries. 28 (2) The dispensing of medical cannabidiol cannabis to 29 patients and their primary caregivers to occur at locations 30 designated by the department. 31 f. Establish and collect annual fees from medical 32 cannabidiol cannabis manufacturers and medical cannabidiol 33 cannabis dispensaries to cover the costs associated with 34 regulating and inspecting medical cannabidiol cannabis 35 -36- H 8386.4626 (2) 89 ns/tm 36/ 55
manufacturers and medical cannabidiol cannabis dispensaries. 1 g. Specify and implement procedures that address public 2 safety including security procedures and product quality 3 including measures to ensure contaminant-free cultivation of 4 medical cannabidiol cannabis , safety, and labeling. 5 h. Establish and implement a real-time, statewide medical 6 cannabidiol cannabis registry management sale tracking system 7 that is available to medical cannabidiol cannabis dispensaries 8 on a twenty-four-hour-a-day, seven-day-a-week basis for the 9 purpose of verifying that a person is lawfully in possession 10 of a medical cannabidiol cannabis registration card issued 11 pursuant to this chapter and for tracking the date of the sale 12 and quantity of medical cannabidiol cannabis purchased by a 13 patient or a primary caregiver. 14 i. Establish and implement a medical cannabidiol cannabis 15 inventory and delivery tracking system to track medical 16 cannabidiol cannabis from production by a medical cannabidiol 17 cannabis manufacturer through dispensing at a medical 18 cannabidiol cannabis dispensary. 19 Sec. 82. Section 124E.12, Code 2022, is amended to read as 20 follows: 21 124E.12 Use of medical cannabidiol cannabis —— affirmative 22 defenses. 23 1. A health care practitioner, including any authorized 24 agent or employee thereof, shall not be subject to 25 prosecution for the unlawful certification, possession, or 26 administration of marijuana under the laws of this state for 27 activities arising directly out of or directly related to the 28 certification or use of medical cannabidiol cannabis in the 29 treatment of a patient diagnosed with a debilitating medical 30 condition as authorized by this chapter . 31 2. A medical cannabidiol cannabis manufacturer, including 32 any authorized agent or employee thereof, shall not be subject 33 to prosecution for manufacturing, possessing, cultivating, 34 harvesting, transporting, packaging, processing, or supplying 35 -37- H 8386.4626 (2) 89 ns/tm 37/ 55
medical cannabidiol cannabis pursuant to this chapter . 1 3. A medical cannabidiol cannabis dispensary, including 2 any authorized agent or employee thereof, shall not be subject 3 to prosecution for dispensing medical cannabidiol cannabis 4 pursuant to this chapter . 5 4. a. In a prosecution for the unlawful possession of 6 marijuana under the laws of this state for the possession 7 of medical cannabidiol cannabis , including but not limited 8 to chapters 124 and 453B , it is an affirmative and complete 9 defense to the prosecution that the patient has been diagnosed 10 with a debilitating medical condition, used or possessed 11 medical cannabidiol cannabis pursuant to a certification by a 12 health care practitioner as authorized under this chapter , and, 13 for a patient eighteen years of age or older, is in possession 14 of a valid medical cannabidiol cannabis registration card 15 issued pursuant to this chapter . 16 b. In a prosecution for the unlawful possession of marijuana 17 under the laws of this state for the possession of medical 18 cannabidiol cannabis , including but not limited to chapters 19 124 and 453B , it is an affirmative and complete defense to 20 the prosecution that the person possessed medical cannabidiol 21 cannabis because the person is a primary caregiver of a patient 22 who has been diagnosed with a debilitating medical condition 23 and is in possession of a valid medical cannabidiol cannabis 24 registration card issued pursuant to this chapter , and where 25 the primary caregiver’s possession of the medical cannabidiol 26 cannabis is on behalf of the patient and for the patient’s use 27 only as authorized under this chapter . 28 c. If a patient or primary caregiver is charged with 29 the unlawful possession of marijuana under the laws of this 30 state for the possession of medical cannabidiol cannabis , 31 including but not limited to chapters 124 and 453B , and is not 32 in possession of the person’s medical cannabidiol cannabis 33 registration card, any charge or charges filed against the 34 person for the possession of medical cannabidiol cannabis 35 -38- H 8386.4626 (2) 89 ns/tm 38/ 55
shall be dismissed by the court if the person produces to the 1 court prior to or at the person’s trial a medical cannabidiol 2 cannabis registration card issued to that person and valid at 3 the time the person was charged. 4 5. An agency of this state or a political subdivision 5 thereof, including any law enforcement agency, shall not remove 6 or initiate proceedings to remove a patient under the age 7 of eighteen from the home of a parent based solely upon the 8 parent’s or patient’s possession or use of medical cannabidiol 9 cannabis as authorized under this chapter . 10 6. The department and any health care practitioner, 11 including any authorized agent or employee thereof, are not 12 subject to any civil or disciplinary penalties by the board 13 of medicine or any business, occupational, or professional 14 licensing board or entity, solely for activities conducted 15 relating to a patient’s possession or use of medical 16 cannabidiol cannabis as authorized under this chapter . Nothing 17 in this section affects a professional licensing board from 18 taking action in response to violations of any other section 19 of law. 20 7. Notwithstanding any law to the contrary, the department, 21 the governor, or any employee of any state agency shall not 22 be held civilly or criminally liable for any injury, loss 23 of property, personal injury, or death caused by any act or 24 omission while acting within the scope of office or employment 25 as authorized under this chapter . 26 8. An attorney shall not be subject to disciplinary action 27 by the Iowa supreme court or attorney disciplinary board for 28 providing legal assistance to a patient, primary caregiver, or 29 others based upon a patient’s or primary caregiver’s possession 30 or use of medical cannabidiol cannabis as authorized under this 31 chapter . 32 9. Possession of a medical cannabidiol cannabis 33 registration card or an application for a medical cannabidiol 34 cannabis registration card by a person entitled to possess or 35 -39- H 8386.4626 (2) 89 ns/tm 39/ 55
apply for a medical cannabidiol cannabis registration card 1 shall not constitute probable cause or reasonable suspicion, 2 and shall not be used to support a search of the person or 3 property of the person possessing or applying for the medical 4 cannabidiol cannabis registration card, or otherwise subject 5 the person or property of the person to inspection by any 6 governmental agency. 7 Sec. 83. Section 124E.13, Code 2022, is amended to read as 8 follows: 9 124E.13 Medical cannabidiol cannabis source. 10 Medical cannabidiol cannabis provided exclusively pursuant 11 to a written certification of a health care practitioner, if 12 not legally available in this state or from any other bordering 13 state, shall be obtained from an out-of-state source. 14 Sec. 84. Section 124E.14, Code 2022, is amended to read as 15 follows: 16 124E.14 Out-of-state medical cannabidiol cannabis 17 dispensaries. 18 The department of public health shall utilize a request for 19 proposals process to select and license by December 1, 2017, up 20 to two out-of-state medical cannabidiol cannabis dispensaries 21 from a bordering state to sell and dispense medical cannabidiol 22 cannabis to a patient or primary caregiver in possession of a 23 valid medical cannabidiol cannabis registration card issued 24 under this chapter . 25 Sec. 85. Section 124E.15, Code 2022, is amended to read as 26 follows: 27 124E.15 Iowa patients and primary caregivers registering in 28 the state of Minnesota. 29 A patient or a primary caregiver with a valid medical 30 cannabidiol cannabis registration card issued pursuant to this 31 chapter may register in the state of Minnesota as a visiting 32 qualified patient or primary caregiver and may register with 33 one or more medical cannabis manufacturers registered under the 34 laws of Minnesota. 35 -40- H 8386.4626 (2) 89 ns/tm 40/ 55
Sec. 86. Section 124E.16, Code 2022, is amended to read as 1 follows: 2 124E.16 Penalties. 3 1. A person who knowingly or intentionally possesses or uses 4 medical cannabidiol cannabis in violation of the requirements 5 of this chapter is subject to the penalties provided under 6 chapters 124 and 453B . 7 2. A medical cannabidiol cannabis manufacturer or a medical 8 cannabidiol cannabis dispensary shall be assessed a civil 9 penalty of up to one thousand dollars per violation for any 10 violation of this chapter in addition to any other applicable 11 penalties. 12 Sec. 87. Section 124E.17, Code 2022, is amended to read as 13 follows: 14 124E.17 Use of medical cannabidiol cannabis —— smoking 15 prohibited. 16 A patient shall not consume medical cannabidiol cannabis 17 possessed or used as authorized under this chapter by smoking 18 medical cannabidiol cannabis . 19 Sec. 88. Section 124E.18, Code 2022, is amended to read as 20 follows: 21 124E.18 Reciprocity. 22 A valid medical cannabidiol cannabis registration card, 23 or its equivalent, issued under the laws of another state 24 that allows an out-of-state patient to possess or use medical 25 cannabidiol cannabis in the jurisdiction of issuance shall 26 have the same force and effect as a valid medical cannabidiol 27 cannabis registration card issued pursuant to this chapter , 28 except that an out-of-state patient in this state shall not 29 obtain medical cannabidiol cannabis from a medical cannabidiol 30 cannabis dispensary in this state. 31 Sec. 89. Section 124E.19, subsections 1, 2, and 4, Code 32 2022, are amended to read as follows: 33 1. The division of criminal investigation of the 34 department of public safety shall conduct thorough background 35 -41- H 8386.4626 (2) 89 ns/tm 41/ 55
investigations for the purposes of licensing medical 1 cannabidiol cannabis manufacturers and medical cannabidiol 2 cannabis dispensaries under this chapter . The results of any 3 background investigation conducted pursuant to this section 4 shall be presented to the department. 5 a. An applicant for a medical cannabidiol cannabis 6 manufacturer license or a medical cannabidiol cannabis 7 dispensary license and their owners, investors, and employees 8 shall submit all required information on a form prescribed by 9 the department of public safety. 10 b. The department shall charge an applicant for a medical 11 cannabidiol cannabis manufacturer license or a medical 12 cannabidiol cannabis dispensary license a fee determined by 13 the department of public safety and adopted by the department 14 by rule to defray the costs associated with background 15 investigations conducted pursuant to the requirements of this 16 section . The fee shall be in addition to any other fees 17 charged by the department. The fee may be retained by the 18 department of public safety and shall be considered repayment 19 receipts as defined in section 8.2 . 20 2. The department shall require an applicant for a 21 medical cannabidiol cannabis manufacturer license or a 22 medical cannabidiol cannabis dispensary license, their owners 23 and investors, and applicants for employment at a medical 24 cannabidiol cannabis manufacturer or medical cannabidiol 25 cannabis dispensary to submit fingerprints and other required 26 identifying information to the department on a form prescribed 27 by the department of public safety. The department shall 28 submit the fingerprint cards and other identifying information 29 to the division of criminal investigation of the department 30 of public safety for submission to the federal bureau of 31 investigation for the purpose of conducting a national criminal 32 history record check. The department may require employees and 33 contractors involved in carrying out a background investigation 34 to submit fingerprints and other identifying information for 35 -42- H 8386.4626 (2) 89 ns/tm 42/ 55
the same purpose. 1 4. An applicant for a medical cannabidiol cannabis 2 manufacturer license or a medical cannabidiol cannabis 3 dispensary license shall submit information and fees required 4 by this section at the time of application. 5 Sec. 90. Section 124E.20, Code 2022, is amended to read as 6 follows: 7 124E.20 Observational effectiveness study. 8 The department may conduct an observational effectiveness 9 study in cooperation with patients and health care 10 practitioners and pursuant to rules of the department in order 11 to study the effectiveness of medical cannabidiol cannabis in 12 the treatment of debilitating medical conditions. 13 Sec. 91. Section 204.17, subsection 4, Code 2022, is amended 14 to read as follows: 15 4. Nothing in this chapter shall be construed or applied 16 to authorize a person to manufacture, recommend, possess, use, 17 dispense, deliver, transport, or administer medical cannabidiol 18 cannabis pursuant to chapter 124E . 19 Sec. 92. Section 730.5, subsection 11, paragraph f, Code 20 2022, is amended to read as follows: 21 f. Testing or taking action against an employee or 22 prospective employee with a confirmed positive test result due 23 to the employee’s or prospective employee’s use of medical 24 cannabidiol cannabis as authorized under chapter 124E . 25 DIVISION XIII 26 COLLECTIVE BARGAINING 27 Sec. 93. Section 20.1, subsection 2, paragraph a, Code 2022, 28 is amended to read as follows: 29 a. Determining appropriate bargaining units , amending 30 the composition of previously determined bargaining units 31 represented by a certified employee organization, reconsidering 32 and altering the composition of previously determined 33 bargaining units which are not represented by a certified 34 employee organization, and conducting representation elections. 35 -43- H 8386.4626 (2) 89 ns/tm 43/ 55
Sec. 94. Section 20.3, subsection 11, Code 2022, is amended 1 by adding the following new paragraphs: 2 NEW PARAGRAPH . g. An employee of the Iowa department of 3 corrections who is responsible for the custody and supervision 4 of inmates through ongoing direct inmate contact, to enforce 5 and maintain discipline, safety, and security within a 6 correctional facility. 7 NEW PARAGRAPH . h. A jailer or detention officer who 8 performs duties as a jailer, including but not limited to the 9 transportation of inmates, who is certified as having completed 10 jailer training pursuant to chapter 80B, and who is employed 11 by a county as a jailer. 12 NEW PARAGRAPH . i. An emergency dispatcher for a county 13 sheriff. 14 NEW PARAGRAPH . j. A probation or parole officer employed by 15 the Iowa department of corrections. 16 NEW PARAGRAPH . k. A residential officer employed by 17 the department of corrections working at a community-based 18 corrections residential facility. 19 Sec. 95. Section 20.13, Code 2022, is amended to read as 20 follows: 21 20.13 Bargaining unit determination , amendment, and 22 reconsideration . 23 1. Board The board’s determination of an appropriate 24 bargaining unit shall be upon petition filed by a public 25 employer, public employee, or employee organization. Except 26 as provided in subsection 4, the board’s amendment of the 27 composition of a represented bargaining unit shall be upon 28 petition filed by the employer or certified representative 29 of the bargaining unit. The board’s reconsideration of the 30 composition of a previously determined bargaining unit which is 31 not represented by a certified representative shall be upon the 32 combined petition of an employee organization which also seeks 33 a representation election pursuant to section 20.14, subsection 34 2. 35 -44- H 8386.4626 (2) 89 ns/tm 44/ 55
2. Within thirty days of receipt of a petition, the board 1 shall conduct a public hearing, receive written or oral 2 testimony, and promptly thereafter file an order defining 3 the appropriate bargaining unit , amending or refusing to 4 amend the composition of a represented bargaining unit or 5 reconsidering and altering or refusing to alter the composition 6 of an unrepresented bargaining unit . In defining the unit, 7 or determining whether a unit should be amended or altered 8 in response to a petition for amendment or reconsideration, 9 the board shall take into consideration, along with other 10 relevant factors, the principles of efficient administration 11 of government, the existence of a community of interest among 12 public employees, the history and extent of public employee 13 organization, geographical location, and the recommendations 14 of the parties involved. 15 3. Appeals from such order shall be governed by the 16 provisions of chapter 17A . 17 4. 3. Professional and nonprofessional employees shall not 18 be included in the same bargaining unit unless a majority of 19 both agree. 20 4. Notwithstanding the provisions of subsection 1, a 21 petition to amend the composition of a represented bargaining 22 unit by the removal of public safety employees may be filed 23 by a public safety employee who is a member of the bargaining 24 unit. If the petition is accompanied by evidence satisfactory 25 to the board that the public safety employees in the bargaining 26 unit do not constitute at least thirty percent of the employees 27 in the unit and that a majority of the public safety employees 28 in the unit support the petition, the board shall conduct 29 a hearing within thirty days of its finding such evidence 30 satisfactory and shall promptly thereafter issue an order 31 granting or denying the requested amendment. If the board 32 amends the composition of the bargaining unit by removing 33 public safety employees, those employees may immediately be the 34 subject of a separate bargaining unit determination petition 35 -45- H 8386.4626 (2) 89 ns/tm 45/ 55
filed in accordance with subsection 1. 1 5. Appeals from such orders shall be governed by the 2 provisions of chapter 17A. 3 Sec. 96. Section 20.15, Code 2022, is amended by striking 4 the section and inserting in lieu thereof the following: 5 20.15 Elections. 6 1. Upon the filing of a petition for certification of an 7 employee organization, the board shall submit a question to 8 the public employees at an election in the bargaining unit 9 found appropriate by the board. The question on the ballot 10 shall permit the public employees to vote for no bargaining 11 representation or for any employee organization which has 12 petitioned for certification or which has presented proof 13 satisfactory to the board of support of ten percent or more of 14 the public employees in the appropriate unit. 15 2. If a majority of the votes cast on the question is 16 for no bargaining representation, the public employees in 17 the bargaining unit found appropriate by the board shall not 18 be represented by an employee organization. If a majority 19 of the votes cast on the question is for a listed employee 20 organization, then that employee organization shall represent 21 the public employees in the bargaining unit found appropriate 22 by the board. 23 3. If none of the choices on the ballot receives the vote 24 of a majority of the public employees voting, the board shall 25 conduct a runoff election among the two choices receiving the 26 greatest number of votes. 27 4. Upon written objections filed by any party to the 28 election within ten days after notice of the results of 29 the election, if the board finds that misconduct or other 30 circumstances prevented the public employees eligible to 31 vote from freely expressing their preferences, the board may 32 invalidate the election and hold a second election for the 33 public employees. 34 5. Upon completion of a valid election in which the majority 35 -46- H 8386.4626 (2) 89 ns/tm 46/ 55
choice of the employees voting is determined, the board shall 1 certify the results of the election and shall give reasonable 2 notice of the order to all employee organizations listed on the 3 ballot, the public employers, and the public employees in the 4 appropriate bargaining unit. 5 6. a. A petition for certification as exclusive bargaining 6 representative of a bargaining unit shall not be considered 7 by the board for a period of one year from the date of the 8 noncertification of an employee organization as the exclusive 9 bargaining representative of that bargaining unit following a 10 certification election. A petition for certification as the 11 exclusive bargaining representative of a bargaining unit shall 12 also not be considered by the board if the bargaining unit is 13 at that time represented by a certified exclusive bargaining 14 representative. 15 b. A petition for the decertification of the exclusive 16 bargaining representative of a bargaining unit shall not be 17 considered by the board for a period of one year from the date 18 of its certification, or within one year of its continued 19 certification following a decertification election, or during 20 the duration of a collective bargaining agreement which, for 21 purposes of this section, shall be deemed not to exceed two 22 years. However, if a petition for decertification is filed 23 during the duration of a collective bargaining agreement, the 24 board shall award an election under this section not more than 25 one hundred eighty days and not less than one hundred fifty 26 days prior to the expiration of the collective bargaining 27 agreement. If an employee organization is decertified, the 28 board may receive petitions under section 20.14, provided that 29 no such petition and no election conducted pursuant to such 30 petition within one year from decertification shall include as 31 a party the decertified employee organization. 32 7. A collective bargaining agreement with the state, its 33 boards, commissions, departments, and agencies shall be for two 34 years. The provisions of a collective bargaining agreement or 35 -47- H 8386.4626 (2) 89 ns/tm 47/ 55
arbitrator’s award affecting state employees shall not provide 1 for renegotiations which would require the refinancing of 2 salary and fringe benefits for the second year of the term of 3 the agreement, except as provided in section 20.17, subsection 4 6. The effective date of any such agreement shall be July 1 of 5 odd-numbered years, provided that if an exclusive bargaining 6 representative is certified on a date which will prevent the 7 negotiation of a collective bargaining agreement prior to 8 July 1 of odd-numbered years for a period of two years, the 9 certified collective bargaining representative may negotiate 10 a one-year contract with the public employer which shall be 11 effective from July 1 of the even-numbered year to July 1 12 of the succeeding odd-numbered year when new contracts shall 13 become effective. 14 Sec. 97. Section 22.7, subsections 69 and 70, Code 2022, are 15 amended to read as follows: 16 69. The evidence of public employee support for 17 the certification , retention and recertification, or 18 decertification of an employee organization as defined in 19 section 20.3 that is submitted to the public employment 20 relations board as provided in section 20.14 or 20.15 . 21 70. Information indicating whether a public employee 22 voted in a certification , retention and recertification, or 23 decertification election held pursuant to section 20.15 or 24 how the employee voted on any question on a ballot in such an 25 election. 26 Sec. 98. Section 602.1401, subsection 3, paragraph b, Code 27 2022, is amended to read as follows: 28 b. For purposes of chapter 20 , the certified representative, 29 which on July 1, 1983, represents employees who become judicial 30 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 31 remain the certified representative when the employees become 32 judicial branch employees and thereafter, unless the public 33 employee organization is not retained and recertified or is 34 decertified in an election held under section 20.15 or amended 35 -48- H 8386.4626 (2) 89 ns/tm 48/ 55
or absorbed into another certified organization pursuant to 1 chapter 20 . Collective bargaining negotiations shall be 2 conducted on a statewide basis and the certified employee 3 organizations which engage in bargaining shall negotiate on a 4 statewide basis, although bargaining units shall be organized 5 by judicial district. The public employment relations board 6 shall adopt rules pursuant to chapter 17A to implement this 7 subsection . 8 Sec. 99. Section 905.4, subsection 2, Code 2022, is amended 9 to read as follows: 10 2. Employ a director having the qualifications required by 11 section 905.6 to head the district department’s community-based 12 correctional program and, within a range established by the 13 Iowa department of corrections, fix the compensation of and 14 have control over the director and the district department’s 15 staff. For purposes of collective bargaining under chapter 16 20 , employees of the district board who are not exempt from 17 chapter 20 are employees of the state, and the employees of all 18 of the district boards shall be included within one collective 19 bargaining unit. Furthermore, employees of the district board 20 shall be considered state employees for purposes of section 21 8A.415, subsection 2. 22 Sec. 100. DIRECTIVES TO PUBLIC EMPLOYMENT RELATIONS BOARD. 23 1. The public employment relations board shall cancel any 24 elections scheduled or in process pursuant to section 20.15, 25 subsection 2, Code 2022, as of the effective date of this 26 division of this Act. 27 2. Notwithstanding section 20.15, subsection 1, paragraph 28 “c”, Code 2022, the public employment relations board 29 shall consider a petition for certification of an employee 30 organization as the exclusive representative of a bargaining 31 unit for which an employee organization was not retained and 32 recertified as the exclusive representative of that bargaining 33 unit regardless of the amount of time that has elapsed since 34 the retention and recertification election at which an employee 35 -49- H 8386.4626 (2) 89 ns/tm 49/ 55
organization was not retained or recertified. 1 DIVISION XIV 2 HEALTH INSURANCE COVERAGE —— SURVIVING SPOUSE AND CHILDREN OF 3 CERTAIN DEPARTMENT OF CORRECTIONS EMPLOYEES 4 Sec. 101. Section 509A.13D, subsection 3, Code 2022, is 5 amended to read as follows: 6 3. The governing body of the state shall not be required 7 to pay for the full cost of the health insurance under this 8 section ; however, the governing body of the state may pay the 9 full cost or a portion of the cost of the health insurance . If 10 the full cost or a portion of the cost of the coverage is not 11 paid by the governing body of the state, the surviving spouse 12 and each surviving child who is eligible for health insurance 13 under this section may elect to continue coverage by paying 14 that portion of the cost of the health insurance not paid by 15 the governing body of the state. 16 DIVISION XV 17 ASSAULTS ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS 18 Sec. 102. Section 708.3A, subsections 3 and 4, Code 2022, 19 are amended to read as follows: 20 3. A person who commits an assault, as defined in section 21 708.1 , against a peace officer, jailer, correctional staff, 22 member or employee of the board of parole, health care 23 provider, employee of the department of human services, 24 employee of the department of revenue, civilian employee of a 25 law enforcement agency, civilian employee of a fire department, 26 or fire fighter, whether paid or volunteer, who knows that 27 the person against whom the assault is committed is a peace 28 officer, jailer, correctional staff, member or employee of 29 the board of parole, health care provider, employee of the 30 department of human services, employee of the department 31 of revenue, civilian employee of a law enforcement agency, 32 civilian employee of a fire department, or fire fighter, and 33 who causes bodily injury or mental illness, is guilty of an 34 aggravated misdemeanor a class “D” felony . 35 -50- H 8386.4626 (2) 89 ns/tm 50/ 55
4. Any other assault, as defined in section 708.1 , committed 1 against a peace officer, jailer, correctional staff, member 2 or employee of the board of parole, health care provider, 3 employee of the department of human services, employee of the 4 department of revenue, civilian employee of a law enforcement 5 agency, civilian employee of a fire department, or fire 6 fighter, whether paid or volunteer, by a person who knows 7 that the person against whom the assault is committed is a 8 peace officer, jailer, correctional staff, member or employee 9 of the board of parole, health care provider, employee of 10 the department of human services, employee of the department 11 of revenue, civilian employee of a law enforcement agency, 12 civilian employee of a fire department, or fire fighter, is a 13 serious misdemeanor an aggravated misdemeanor . 14 Sec. 103. Section 708.3A, Code 2022, is amended by adding 15 the following new subsections: 16 NEW SUBSECTION . 4A. Any person who commits an assault, 17 as defined in section 708.1, against a jailer or correctional 18 staff while the person is in the custody and control of the 19 department of corrections in a correctional institution, 20 community-based correctional facility, or an institution under 21 the management of the Iowa department of corrections which 22 is used for the purposes of confinement of persons who have 23 committed public offenses, or a county jail or other facility 24 used for purposes of confinement of persons who have committed 25 public offenses, shall, upon conviction of a violation of 26 this section, in addition to any other sentence imposed, lose 27 one-half of all earned time accumulated pursuant to section 28 903A.2 for a first conviction, and shall lose all earned 29 time accumulated pursuant to section 903A.2 for a second or 30 subsequent conviction. 31 NEW SUBSECTION . 4B. If the county attorney of the county 32 where a violation of this section occurs against a jailer 33 or correctional staff by a person who is in the custody 34 and control of the department of corrections while in any 35 -51- H 8386.4626 (2) 89 ns/tm 51/ 55
correctional institution or a county jail or other facility 1 used for purposes of confinement fails to prosecute the case 2 against the person, the area prosecutions division of the 3 attorney general’s office may elect to prosecute the case. 4 DIVISION XVI 5 DEPARTMENT OF CORRECTIONS 6 Sec. 104. DEPARTMENT OF CORRECTIONS —— CONTRABAND AND 7 SURVEILLANCE CAMERAS —— TRAUMA EVENTS. 8 1. For fiscal years beginning on or after July 1, 2022, 9 the department of corrections shall increase funding for 10 screening for contraband and surveillance cameras at all state 11 correctional facilities and for upgrades to provide for an 12 enhanced technology system to improve the safety and efficiency 13 of operations at all state correctional facilities. 14 2. The department of corrections shall amend its 15 administrative rules pursuant to chapter 17A to allow an 16 employee of the department who has witnessed a trauma event to 17 take between five and thirty days of paid leave depending upon 18 the severity of the trauma event. If the appointing authority 19 of a correctional institution determines that an employee 20 has been held hostage, the employee shall be eligible for a 21 paid leave of absence of up to ninety days, as determined by 22 a licensed physician, to allow for recovery from stress and 23 any related conditions. Such paid leave shall not be charged 24 against the employee’s sick leave account. 25 DIVISION XVII 26 ACCOMMODATIONS —— PREGNANCY AND CHILDBIRTH 27 Sec. 105. Section 216.6, subsection 2, Code 2022, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . f. (1) An employer shall provide reasonable 30 accommodations to an employee based on medical conditions 31 related to the employee’s pregnancy or childbirth if the 32 employee so requests with the advice of the employee’s health 33 care provider. 34 (2) For purposes of this lettered paragraph “f” , “reasonable 35 -52- H 8386.4626 (2) 89 ns/tm 52/ 55
accommodations” means actions which would permit an employee 1 with a medical condition relating to the employee’s pregnancy 2 or childbirth to perform in a reasonable manner the activities 3 involved in the employee’s specific occupation and include but 4 are not limited to the provision of an accessible worksite, 5 acquisition or modification of equipment, job restructuring, 6 and a modified work schedule. “Reasonable accommodations” does 7 not mean any action that would impose an undue hardship on the 8 business of the employer from whom the action is requested. 9 DIVISION XVIII 10 STUDENT IDENTIFICATION CARDS —— SUICIDE PREVENTION 11 Sec. 106. NEW SECTION . 279.76 Student identification cards 12 —— suicide prevention information. 13 A public school that issues identification cards to students 14 in grades seven through twelve shall include on either side of 15 the identification card the your life Iowa crisis telephone and 16 text numbers. A public school that issues identification cards 17 to students in grades five and six may include on either side 18 of the identification card the your life Iowa crisis telephone 19 and text numbers. 20 Sec. 107. APPLICABILITY. This division of this Act 21 applies to student identification cards issued on or after the 22 effective date of this division of this Act. A school that 23 has a supply of unused student identification cards shall use 24 that supply prior to complying with the requirements of this 25 division of this Act relating to student identification cards. 26 DIVISION XIX 27 INFANT FORMULA TASK FORCE 28 Sec. 108. INFANT FORMULA TASK FORCE. 29 1. The economic development authority and the department 30 of agriculture and land stewardship shall create an infant 31 formula task force. The task force shall consider programs and 32 other means the state may implement to incentivize all of the 33 following: 34 a. The in-state production of raw materials used to 35 -53- H 8386.4626 (2) 89 ns/tm 53/ 55
manufacture infant formula. 1 b. The in-state manufacture of infant formula. 2 2. The task force shall report its findings and 3 recommendations to the general assembly on or before December 4 16, 2022. 5 DIVISION XX 6 TAX CREDITS —— BUSINESS OPERATIONS WITH RUSSIAN FEDERATION 7 Sec. 109. TAX CREDITS —— BUSINESS OPERATIONS WITH RUSSIAN 8 FEDERATION. 9 1. The economic development authority may revoke all or a 10 portion of any tax credit authorized, issued, or awarded by 11 the authority to a company under chapter 15 or section 403.19A 12 if the company is engaged, or becomes engaged, in any business 13 operations with the Russian Federation. 14 2. For purposes of this section, unless the context 15 otherwise requires: 16 a. “Business operations” means commerce in any form 17 including the acquisition, development, maintenance, ownership, 18 possession, leasing, selling, or operation of any equipment, 19 facilities, personnel, products, services, personal property, 20 real property, or any other apparatus of business or commerce. 21 b. “Company” means any sole proprietorship, organization, 22 association, corporation, partnership, joint venture, limited 23 partnership, limited liability partnership, limited liability 24 company, or other entity or business association, including 25 all wholly owned subsidiaries, majority-owned subsidiaries, 26 parent companies, or affiliates of such entities or business 27 associations. 28 3. The department of revenue, upon notification by the 29 economic development authority of the revocation of all or any 30 portion of a company’s tax credit under this section, shall 31 seek repayment of the value of any such tax credit already 32 claimed. The repayment of any tax credit by a company shall 33 be considered a tax payment due and payable to the department 34 of revenue by any taxpayer who has claimed such tax credit, 35 -54- H 8386.4626 (2) 89 ns/tm 54/ 55
and the failure to make such a repayment may be treated by the 1 department of revenue in the same manner as a failure to pay 2 the tax shown due or required to be shown due with the filing of 3 a return or deposit form. 4 Sec. 110. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. 6 Sec. 111. APPLICABILITY. This division of this Act applies 7 to tax credits authorized, issued, or awarded by the economic 8 development authority under chapter 15 or section 403.19A on or 9 after the effective date of this division of this Act. > 10 2. Title page, line 4, after < matters, > by inserting 11 < providing penalties, > 12 3. Title page, line 4, after < date > by inserting < , 13 applicability, >> 14 ______________________________ HALL of Woodbury -55- H 8386.4626 (2) 89 ns/tm 55/ 55 #2. #3.