Senate
File
2384
S-5179
Amend
Senate
File
2384
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
DIVISION
I
4
STANDING
APPROPRIATIONS
AND
RELATED
MATTERS
5
Section
1.
LIMITATIONS
OF
STANDING
APPROPRIATIONS
——
FY
6
2022-2023.
Notwithstanding
the
standing
appropriation
in
the
7
following
designated
section
for
the
fiscal
year
beginning
July
8
1,
2022,
and
ending
June
30,
2023,
the
amount
appropriated
from
9
the
general
fund
of
the
state
pursuant
to
that
section
for
the
10
following
designated
purpose
shall
not
exceed
the
following
11
amount:
12
For
payment
of
claims
for
nonpublic
school
pupil
13
transportation
under
section
285.2
:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,997,091
15
If
total
approved
claims
for
reimbursement
for
nonpublic
16
school
pupil
transportation
exceed
the
amount
appropriated
in
17
accordance
with
this
section,
the
department
of
education
shall
18
prorate
the
amount
of
each
approved
claim.
19
Sec.
2.
INSTRUCTIONAL
SUPPORT
STATE
AID
——
FY
2022-2023.
In
20
lieu
of
the
appropriation
provided
in
section
257.20,
21
subsection
2
,
the
appropriation
for
the
fiscal
year
22
beginning
July
1,
2022,
and
ending
June
30,
2023,
for
paying
23
instructional
support
state
aid
under
section
257.20
for
the
24
fiscal
year
is
zero.
25
Sec.
3.
SPECIAL
FUNDS
——
SALARY
ADJUSTMENTS
——
26
UNAPPROPRIATED
MONEYS
——
FY
2022-2023.
For
the
fiscal
year
27
beginning
July
1,
2022,
and
ending
June
30,
2023,
salary
28
adjustments
otherwise
provided
may
be
funded
as
determined
29
by
the
department
of
management,
subject
to
any
applicable
30
constitutional
limitation,
using
unappropriated
moneys
31
remaining
in
the
department
of
commerce
revolving
fund,
the
32
gaming
enforcement
revolving
fund,
the
gaming
regulatory
33
revolving
fund,
the
primary
road
fund,
the
road
use
tax
34
fund,
the
fish
and
game
protection
fund,
and
the
Iowa
public
35
-1-
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2384.4640
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89
ns/tm
1/
25
#1.
employees’
retirement
fund,
and
in
other
departmental
1
revolving,
trust,
or
special
funds
for
which
the
general
2
assembly
has
not
made
an
operating
budget
appropriation.
3
Sec.
4.
Section
257.35,
Code
2022,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
16A.
a.
Notwithstanding
subsection
1,
and
6
in
addition
to
the
reductions
applicable
pursuant
to
subsection
7
2
and
paragraph
“b”
of
this
subsection,
the
state
aid
for
area
8
education
agencies
and
the
portion
of
the
combined
district
9
cost
calculated
for
these
agencies
related
to
expenditures
10
other
than
expenditures
for
professional
development
for
the
11
fiscal
year
beginning
July
1,
2022,
and
ending
June
30,
2023,
12
shall
be
reduced
by
the
department
of
management
by
fifteen
13
million
dollars.
The
reduction
for
each
area
education
agency
14
shall
be
prorated
based
on
the
reduction
that
the
agency
15
received
in
the
fiscal
year
beginning
July
1,
2003.
16
b.
Notwithstanding
subsection
1,
and
in
addition
to
17
the
reductions
applicable
pursuant
to
subsection
2
and
18
paragraph
“a”
of
this
subsection,
the
state
aid
for
area
19
education
agencies
and
the
portion
of
the
combined
district
20
cost
calculated
for
these
agencies
related
to
professional
21
development
expenditures
for
the
fiscal
year
beginning
July
22
1,
2022,
and
ending
June
30,
2023,
shall
be
reduced
by
the
23
department
of
management
by
an
amount
equal
to
the
sum
of
the
24
area
education
agency
professional
development
supplement
25
district
cost
for
all
area
education
agencies
determined
under
26
section
257.37A,
subsection
2,
for
the
budget
year
beginning
27
July
1,
2022.
The
reduction
for
each
area
education
agency
28
shall
be
equal
to
the
area
education
agency’s
professional
29
development
district
cost
determined
under
section
257.37A,
30
subsection
2,
for
the
budget
year
beginning
July
1,
2022.
31
The
amounts
reduced
under
this
paragraph
shall
be
considered
32
funds
paid
to
school
districts
and
area
education
agencies
33
under
chapter
284
for
purposes
of
requirements
for
providing
34
professional
development
opportunities.
35
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2/
25
DIVISION
II
1
CORRECTIVE
PROVISIONS
2
Sec.
5.
Section
45.1,
subsection
7,
paragraph
a,
Code
2022,
3
as
amended
by
2022
Iowa
Acts,
House
File
2466,
section
3,
is
4
amended
to
read
as
follows:
5
a.
For
a
supervisor
district
with
a
population
of
greater
6
than
fifteen
thousand
but
fewer
no
more
than
fifty
thousand
7
according
to
the
most
recent
federal
decennial
census,
8
nomination
petitions
shall
include
at
least
fifty
signatures.
9
Sec.
6.
Section
80E.2,
subsection
2,
Code
2022,
as
amended
10
by
2022
Iowa
Acts,
House
File
2367,
section
2,
is
amended
to
11
read
as
follows:
12
2.
The
prosecuting
attorney,
certified
alcohol
and
drug
13
counselor,
certified
substance
abuse
prevention
specialist,
14
substance
use
disorder
treatment
program
director,
member
15
representing
the
Iowa
peace
officers
association,
member
16
representing
the
Iowa
state
police
association,
the
17
member
representing
the
Iowa
state
sheriffs’
and
deputies’
18
association,
and
the
member
representing
the
Iowa
police
chiefs
19
association
who
is
a
police
chief
shall
be
appointed
by
the
20
governor,
subject
to
senate
confirmation,
for
four-year
terms
21
beginning
and
ending
as
provided
in
section
69.19
.
A
vacancy
22
on
the
council
shall
be
filled
for
the
unexpired
term
in
the
23
same
manner
as
the
original
appointment
was
made.
24
Sec.
7.
Section
124.204,
subsection
2,
paragraph
cl,
as
25
enacted
by
2022
Iowa
Acts,
House
File
2201,
section
1,
is
26
amended
to
read
as
follows:
27
cl.
N-(1-phenethylpiperidin-4-yl)
28
-N-phenylcyclopentanecarboxamide.
Other
name:
cyclopentanyl
29
cyclopentyl
fentanyl.
30
Sec.
8.
Section
147.77,
subsection
1,
paragraph
l,
as
31
enacted
by
2022
Iowa
Acts,
House
File
803,
section
51,
is
32
amended
to
read
as
follows:
33
l.
The
department
of
public
safety,
with
respect
to
rules
34
relating
to
permits
to
carry
weapons,
that
a
person
who
is
35
-3-
SF
2384.4640
(4)
89
ns/tm
3/
25
an
unlawful
user
of
or
addicted
to
any
controlled
substance
1
includes
any
person
who
is
a
current
user
of
a
controlled
2
substance
in
a
manner
other
than
as
prescribed
by
a
licensed
3
physician.
4
Sec.
9.
Section
147.77,
subsection
1,
paragraph
p,
5
subparagraph
(3),
as
enacted
by
2022
Iowa
Acts,
House
File
803,
6
section
51,
is
amended
to
read
as
follows:
7
(3)
For
applications
for
a
license
to
practice
asbestos
8
removal,
that
except
as
noted
in
rule,
only
worker
and
9
contractor/supervisor
license
applicants
must
submit
a
the
10
respiratory
protection
and
physician’s
certification
forms.
11
Sec.
10.
Section
249A.42A,
subsection
2,
as
enacted
by
2022
12
Iowa
Acts,
House
File
736,
section
1,
is
amended
to
read
as
13
follows:
14
2.
The
provider
documented
the
eligibility
verification
15
performed
and
any
necessary
prior
authorization
obtained
16
pursuant
to
paragraph
“a”
subsection
1
in
a
manner
and
format
17
established
by
the
department
by
rule,
and
retained
the
18
required
documentation
in
the
recipient’s
file.
19
Sec.
11.
Section
261.116,
subsection
7,
Code
2022,
as
20
amended
by
2022
Iowa
Acts,
Senate
File
2383,
section
16,
if
21
enacted,
is
amended
to
read
as
follows:
22
6.
Health
care
award
fund.
A
health
care
award
fund
is
23
created
for
deposit
of
moneys
appropriated
to
or
received
by
24
the
commission
for
use
under
the
program.
Notwithstanding
25
section
8.33
,
moneys
deposited
in
the
health
care
award
26
fund
shall
not
revert
to
any
fund
of
the
state
at
the
27
end
of
any
fiscal
year
but
shall
remain
in
the
award
fund
28
and
be
continuously
available
for
use
under
the
program.
29
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
30
earnings
on
moneys
deposited
in
the
health
care
award
fund
31
shall
be
credited
to
the
fund.
32
Sec.
12.
Section
441.1,
subsection
3,
paragraph
d,
as
33
enacted
by
2022
Iowa
Acts,
Senate
File
384,
section
1,
is
34
amended
to
read
as
follows:
35
-4-
SF
2384.4640
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d.
The
provisions
of
chapter
28E
are
applicable
to
this
1
section
subsection
.
2
Sec.
13.
Section
600.5,
subsection
9A,
as
enacted
by
2022
3
Iowa
Acts,
House
File
2252,
section
6,
is
amended
to
read
as
4
follows:
5
9A.
If
the
parents
of
the
person
to
be
adopted
had
their
6
parental
rights
terminated
pursuant
to
chapter
232,
the
7
petition
shall
included
include
the
names
of
any
known
siblings
8
placed
separately
from
the
person
to
be
adopted
and
either
the
9
plan
for
ongoing
contact
between
the
siblings
if
a
court
found
10
that
continued
contact
is
in
the
best
interest
of
each
sibling
11
or
a
statement
that
the
court
found
continued
contact
between
12
the
siblings
is
not
in
the
best
interest
of
each
sibling.
13
Sec.
14.
Section
692A.102,
subsection
1,
paragraph
c,
14
subparagraph
(012),
if
enacted
by
2022
Iowa
Acts,
Senate
File
15
529,
section
6,
is
amended
to
read
as
follows:
16
NEW
SUBPARAGRAPH
.
(012)
Sexual
abuse
in
the
fourth
17
degree
in
violation
of
section
709.4A,
subsection
3,
if
the
18
perpetrator
is
a
health
care
professional
as
defined
in
section
19
714I.2,
who
used
or
provided
the
health
care
professional’s
20
own
human
reproductive
material
for
assisted
reproduction
in
21
violation
of
section
714I.3,
subsection
2.
22
Sec.
15.
2022
Iowa
Acts,
House
File
2200,
section
3,
is
23
amended
to
read
as
follows:
24
SEC.
3.
APPLICABILITY.
This
Act
applies
to
direct
health
25
care
agreements
that
are
fully
executed
on
or
after
the
26
effective
date
of
enactment
this
Act
.
27
Sec.
16.
2022
Iowa
Acts,
House
File
2201,
section
7,
is
28
amended
by
striking
the
section
and
inserting
in
lieu
thereof
29
the
following:
30
SEC.
7.
Section
124.206,
subsection
2,
paragraph
a,
31
unnumbered
paragraph
1,
Code
2022,
is
amended
by
striking
32
the
unnumbered
paragraph
and
inserting
in
lieu
thereof
the
33
following:
34
Opium
and
opiate,
and
any
salt,
compound,
derivative,
35
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25
or
preparation
of
opium
or
opiate
excluding
apomorphine,
1
thebaine-derived
butorphanol,
dextrorphan,
nalbuphine,
2
naldemedine,
nalmefene,
naloxegol,
naloxone,
6beta-naltrexol,
3
naltrexone,
and
samidorphan,
and
their
respective
salts,
but
4
including
the
following:
5
Sec.
17.
2022
Iowa
Acts,
Senate
File
2295,
section
184,
is
6
amended
by
striking
the
section
and
inserting
in
lieu
thereof
7
the
following:
8
SEC.
184.
2020
Iowa
Acts,
chapter
1064,
sections
17
and
9
18,
are
amended
by
striking
the
sections
and
inserting
in
lieu
10
thereof
the
following:
11
SEC.
17.
Section
422.12D,
subsection
2
,
Code
2022,
is
12
amended
to
read
as
follows:
13
2.
The
director
of
revenue
shall
draft
the
income
tax
form
14
to
allow
the
designation
of
contributions
to
the
veterans
trust
15
fund
and
to
the
volunteer
fire
fighter
preparedness
fund
as
16
one
checkoff
on
the
tax
return.
The
department
of
revenue,
17
on
or
before
January
31,
shall
transfer
one-half
of
the
total
18
amount
designated
on
the
tax
return
forms
due
in
the
preceding
19
calendar
year
to
the
veterans
trust
fund
and
the
remaining
20
one-half
to
the
volunteer
fire
fighter
preparedness
fund.
21
However,
before
a
checkoff
pursuant
to
this
section
shall
be
22
permitted,
all
liabilities
on
the
books
of
the
department
of
23
administrative
services
and
accounts
identified
as
owing
under
24
section
8A.504
421.65
shall
be
satisfied.
25
SEC.
18.
Section
422.12L,
subsection
2
,
Code
2022,
is
26
amended
to
read
as
follows:
27
2.
The
director
of
revenue
shall
draft
the
income
tax
form
28
to
allow
the
designation
of
contributions
to
the
foundation
29
fund
on
the
tax
return.
The
department,
on
or
before
January
30
31,
shall
transfer
the
total
amount
designated
on
the
tax
31
form
due
in
the
preceding
year
to
the
foundation
fund.
32
However,
before
a
checkoff
pursuant
to
this
section
shall
be
33
permitted,
all
liabilities
on
the
books
of
the
department
of
34
administrative
services
and
accounts
identified
as
owing
under
35
-6-
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section
8A.504
421.65
shall
be
satisfied.
1
Sec.
18.
CONTINGENT
REPEAL.
2022
Iowa
Acts,
House
File
2
2581,
section
13,
if
enacted,
is
repealed.
3
Sec.
19.
CODE
EDITOR
DIRECTIVES.
4
1.
If
Senate
File
496
is
enacted
during
the
2022
session
5
of
the
Eighty-ninth
General
Assembly,
the
Code
editor
is
6
directed
to
transfer
the
Code
sections
as
enacted
by
that
Act
7
as
follows:
8
a.
Section
94.1
to
section
94B.1.
9
b.
Section
94.2
to
section
94B.2.
10
2.
The
Code
editor
is
directed
to
renumber
section
331.301,
11
subsection
18,
as
enacted
by
2022
Iowa
Acts,
House
File
728,
to
12
become
section
331.301,
subsection
21.
13
3.
The
Code
editor
shall
correct
internal
references
in
the
14
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
15
enactment
of
this
section.
16
Sec.
20.
EFFECTIVE
DATE.
The
following,
being
deemed
of
17
immediate
importance,
take
effect
upon
enactment:
18
1.
The
section
of
this
division
of
this
Act
amending
section
19
124.204,
subsection
2,
paragraph
“cl”.
20
2.
The
section
of
this
division
of
this
Act
amending
2022
21
Iowa
Acts,
House
File
2200,
section
3.
22
3.
The
section
of
this
division
of
this
Act
amending
2022
23
Iowa
Acts,
House
File
2201,
section
7.
24
Sec.
21.
RETROACTIVE
APPLICABILITY.
The
following
apply
25
retroactively
to
May
2,
2022:
26
1.
The
section
of
this
division
of
this
Act
amending
section
27
124.204,
subsection
2,
paragraph
“cl”.
28
2.
The
section
of
this
division
of
this
Act
amending
2022
29
Iowa
Acts,
House
File
2201,
section
7.
30
Sec.
22.
RETROACTIVE
APPLICABILITY.
The
section
of
this
31
division
of
this
Act
amending
2022
Iowa
Acts,
House
File
2200,
32
section
3,
applies
retroactively
to
May
12,
2022.
33
DIVISION
III
34
OFFICE
OF
THE
CHIEF
INFORMATION
OFFICER
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Sec.
23.
Section
8B.2,
Code
2022,
is
amended
to
read
as
1
follows:
2
8B.2
Office
created
established
——
chief
information
officer
3
appointed
selected
.
4
1.
The
office
of
the
chief
information
officer
is
created
5
as
an
independent
agency
and
is
attached
to
the
department
of
6
administrative
services
for
accounting
and
fiscal
services.
7
The
department
of
administrative
services
shall
provide
such
8
additional
assistance
and
administrative
support
services
to
9
the
office
as
the
department
of
administrative
services
and
the
10
office
determines
maximizes
the
efficiency
and
effectiveness
11
of
both
the
department
and
office
established
within
the
12
department
of
management
.
13
2.
The
chief
information
officer,
who
shall
be
the
head
14
of
the
office,
shall
be
appointed
by
the
governor
to
serve
at
15
the
pleasure
of
the
governor
and
is
subject
to
confirmation
by
16
the
senate.
If
the
office
becomes
vacant,
the
vacancy
shall
17
be
filled
in
the
same
manner
as
provided
for
the
original
18
appointment
selected
by
the
director
of
the
department
of
19
management
.
The
director
of
the
department
of
management
shall
20
set
the
salary
of
the
chief
information
officer.
21
3.
The
person
appointed
selected
as
the
chief
information
22
officer
for
the
state
shall
be
professionally
qualified
by
23
education
and
have
no
less
than
five
years’
experience
in
the
24
field
of
information
technology,
and
a
working
knowledge
of
25
financial
management.
The
chief
information
officer
shall
26
not
be
a
member
of
any
local,
state,
or
national
committee
27
of
a
political
party,
an
officer
or
member
of
a
committee
in
28
any
partisan
political
club
or
organization,
or
hold
or
be
29
a
candidate
for
a
paid
elective
public
office.
The
chief
30
information
officer
is
subject
to
the
restrictions
on
political
31
activity
provided
in
section
8A.416
.
32
Sec.
24.
Section
8D.3,
subsection
2,
paragraph
b,
Code
2022,
33
is
amended
to
read
as
follows:
34
b.
The
auditor
of
state
or
the
auditor’s
designee
and
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the
chief
information
officer
appointed
selected
pursuant
to
1
section
8B.2
or
the
chief
information
officer’s
designee
shall
2
serve
as
nonvoting,
ex
officio
members
of
the
commission.
3
Sec.
25.
Section
11.5B,
subsection
15,
Code
2022,
is
amended
4
to
read
as
follows:
5
15.
Office
of
the
chief
information
officer
of
the
6
department
of
management
.
7
Sec.
26.
2008
Iowa
Acts,
chapter
1191,
section
14,
8
subsection
7,
as
amended
by
2010
Iowa
Acts,
chapter
1193,
9
section
26,
is
amended
to
read
as
follows:
10
7.
The
following
are
range
7
positions:
administrator
11
of
the
public
broadcasting
division
of
the
department
of
12
education,
director
of
the
department
of
corrections,
director
13
of
the
department
of
education,
director
of
human
services,
14
director
of
the
department
of
economic
development,
executive
15
director
of
the
Iowa
telecommunications
and
technology
16
commission,
executive
director
of
the
state
board
of
regents,
17
director
of
transportation,
director
of
the
department
of
18
workforce
development,
director
of
revenue,
director
of
19
public
health,
state
court
administrator,
director
of
the
20
department
of
management,
chief
information
officer,
state
debt
21
coordinator,
and
director
of
the
department
of
administrative
22
services.
23
Sec.
27.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
24
deemed
of
immediate
importance,
takes
effect
upon
enactment.
25
Sec.
28.
APPLICABILITY.
This
division
of
this
Act,
as
it
26
relates
to
the
salary
of
the
chief
information
officer,
applies
27
with
the
pay
period
beginning
after
the
effective
date
of
this
28
division
of
this
Act,
and
subsequent
pay
periods.
29
DIVISION
IV
30
CONDUCT
OF
ELECTIONS
——
FUNDING
31
Sec.
29.
NEW
SECTION
.
49.17
Conduct
of
elections
——
32
funding.
33
1.
The
state
commissioner
or
a
county
commissioner
or
34
political
subdivision
of
the
state
shall
only
accept
funding
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from
the
following
sources
for
the
purposes
of
conducting
an
1
election:
2
a.
Lawful
appropriations
of
public
moneys
from
the
3
government
of
the
United
States.
4
b.
Lawful
appropriations
of
public
moneys
from
the
state
of
5
Iowa.
6
c.
Lawful
appropriations
of
public
moneys
from
a
political
7
subdivision
of
the
state
for
the
conduct
of
an
election
in
the
8
political
subdivision.
9
2.
The
state
commissioner,
a
county
commissioner,
or
a
10
political
subdivision
of
the
state
shall
not
accept
or
expend
11
a
grant,
gift,
or
other
source
of
funding
from
a
source
other
12
than
those
listed
in
subsection
1,
including
from
a
private
13
person,
corporation,
partnership,
political
party,
nonparty
14
political
organization,
committee
as
defined
in
section
15
68A.102,
or
other
organization
for
the
purpose
of
conducting
16
an
election.
17
3.
This
section
does
not
prohibit
the
state
commissioner
or
18
a
county
commissioner
or
political
subdivision
from
issuing
and
19
collecting
fees
as
otherwise
provided
by
law.
20
4.
This
section
does
not
apply
to
the
contribution
of
a
21
building
for
use
as
a
polling
place
pursuant
to
section
49.21.
22
Sec.
30.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
23
deemed
of
immediate
importance,
takes
effect
upon
enactment.
24
DIVISION
V
25
DIRECT
MASS
MAILING
26
Sec.
31.
Section
68A.405A,
Code
2022,
is
amended
by
adding
27
the
following
new
subsections:
28
NEW
SUBSECTION
.
3.
For
the
purposes
of
this
section,
29
“direct
mass
mailing”
means
a
mailing,
regardless
of
whether
30
the
mailing
was
sent
in
response
to
a
request
or
due
to
the
31
recipient’s
enrollment
in
a
program,
that
provides
information
32
to
the
recipient
about
a
person,
policy,
product,
service,
33
program,
initiative,
law,
legislation,
event,
or
activity
34
promoted
by
the
statewide
elected
official
that
is
all
of
the
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following:
1
a.
Printed
material
delivered
by
the
United
States
mail
or
2
other
delivery
service.
3
b.
Sent
to
more
than
two
hundred
physical
addresses.
4
c.
Substantially
similar
or
identical
as
regards
each
5
mailing.
6
d.
Sent
at
the
same
time
or
within
a
thirty-day
period.
7
NEW
SUBSECTION
.
4.
Notwithstanding
subsection
3,
a
8
mailing
that
is
sent
to
any
participant
in
a
program
or
the
9
participant’s
address
within
sixty
days
of
an
election
in
which
10
an
office
listed
in
section
39.9
is
to
appear
on
the
ballot
11
shall
be
considered
a
direct
mass
mailing
for
the
purposes
12
of
subsection
1
if
the
purpose
of
the
mailing
is
to
provide
13
a
participant
with
information
relevant
to
the
participant’s
14
existing
account
with
a
program
sponsored
and
administered
by
15
the
statewide
elected
official
who
sent
the
mailing.
16
DIVISION
VI
17
OPEN
ENROLLMENT
18
Sec.
32.
Section
256F.9,
Code
2022,
is
amended
to
read
as
19
follows:
20
256F.9
Procedures
after
revocation
——
student
enrollment.
21
If
a
charter
school
or
innovation
zone
school
contract
is
22
revoked
in
accordance
with
this
chapter
,
a
nonresident
student
23
who
attended
the
school,
and
any
siblings
of
the
student
,
24
shall
be
determined
to
have
shown
“good
cause”
as
provided
in
25
section
282.18,
subsection
4
,
paragraph
“b”
,
and
may
submit
an
26
application
to
another
school
district
according
to
section
27
282.18
at
any
time
.
Applications
and
notices
required
by
28
section
282.18
shall
be
processed
and
provided
in
a
prompt
29
manner.
The
application
and
notice
deadlines
in
section
282.18
30
do
not
apply
to
a
nonresident
student
application
under
these
31
circumstances.
32
Sec.
33.
Section
282.18,
subsection
2,
paragraphs
a
and
b,
33
Code
2022,
are
amended
to
read
as
follows:
34
a.
By
March
1
of
the
preceding
school
year
for
students
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entering
grades
one
through
twelve,
or
by
September
1
of
the
1
current
school
year
for
students
entering
kindergarten
or
2
for
prekindergarten
students
enrolled
in
special
education
3
programs
and
included
in
the
school
district’s
basic
enrollment
4
under
section
257.6,
subsection
1
,
paragraph
“a”
,
subparagraph
5
(1),
the
A
parent
or
guardian
shall
send
notification
to
the
6
district
of
residence
and
the
receiving
district,
on
forms
7
prescribed
by
the
department
of
education,
that
the
parent
or
8
guardian
intends
to
enroll
the
parent’s
or
guardian’s
child
9
in
a
public
school
in
another
school
district.
If
a
parent
10
or
guardian
fails
to
file
a
notification
that
the
parent
11
intends
to
enroll
the
parent’s
or
guardian’s
child
in
a
public
12
school
in
another
district
by
the
deadline
specified
in
this
13
subsection
,
the
procedures
of
subsection
4
apply.
14
b.
The
board
of
the
receiving
district
shall
enroll
the
15
pupil
in
a
school
in
the
receiving
district
for
the
following
16
school
year
unless
the
receiving
district
has
insufficient
17
classroom
space
for
the
pupil.
The
board
of
directors
18
of
a
receiving
district
may
adopt
a
policy
granting
the
19
superintendent
of
the
school
district
authority
to
approve
open
20
enrollment
applications.
If
the
request
is
granted,
the
board
21
shall
transmit
a
copy
of
the
form
to
the
parent
or
guardian
and
22
the
school
district
of
residence
within
five
days
after
board
23
action
,
but
not
later
than
June
1
of
the
preceding
school
year
.
24
The
parent
or
guardian
may
withdraw
the
request
at
any
time
25
prior
to
the
start
of
the
school
year
board’s
action
on
the
26
application
.
A
denial
of
a
request
by
the
board
of
a
receiving
27
district
is
not
subject
to
appeal.
28
Sec.
34.
Section
282.18,
subsection
3,
paragraph
a,
Code
29
2022,
is
amended
to
read
as
follows:
30
a.
The
superintendent
of
a
district
subject
to
court-ordered
31
desegregation
may
deny
a
request
for
transfer
under
this
32
section
if
the
superintendent
finds
that
enrollment
or
release
33
of
a
pupil
will
adversely
affect
the
district’s
implementation
34
of
the
desegregation
order,
unless
the
transfer
is
requested
35
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by
a
pupil
whose
sibling
is
already
participating
in
open
1
enrollment
to
another
district,
or
unless
the
request
for
2
transfer
is
submitted
to
the
district
in
a
timely
manner
as
3
required
under
subsection
2
prior
to
implementation
of
the
4
desegregation
order
by
the
district.
If
a
transfer
request
5
would
facilitate
implementation
of
a
desegregation
order,
the
6
district
shall
give
priority
to
granting
the
request
over
other
7
requests.
8
Sec.
35.
Section
282.18,
subsections
4,
5,
and
15,
Code
9
2022,
are
amended
by
striking
the
subsections.
10
Sec.
36.
Section
282.18,
subsection
6,
Code
2022,
is
amended
11
to
read
as
follows:
12
6.
A
request
under
this
section
is
for
a
period
of
not
less
13
than
one
year.
If
the
request
is
for
more
than
one
year
and
14
the
parent
or
guardian
desires
to
have
the
pupil
enroll
in
a
15
different
district,
the
parent
or
guardian
may
petition
the
16
current
receiving
district
by
March
1
of
the
previous
school
17
year
for
permission
to
enroll
the
pupil
in
a
different
district
18
for
a
period
of
not
less
than
one
year.
Upon
receipt
of
such
a
19
request,
the
current
receiving
district
board
may
act
on
the
20
request
to
transfer
to
the
other
school
district
at
the
next
21
regularly
scheduled
board
meeting
after
the
receipt
of
the
22
request.
The
new
receiving
district
shall
enroll
the
pupil
23
in
the
district
unless
there
is
insufficient
classroom
space
24
in
the
district
or
the
district
is
subject
to
court-ordered
25
desegregation
and
enrollment
of
the
pupil
would
adversely
26
affect
implementation
of
the
desegregation
order.
A
denial
of
27
a
request
to
change
district
enrollment
within
the
approved
28
period
is
not
subject
to
appeal.
However,
a
A
pupil
who
has
29
been
in
attendance
in
another
district
under
this
section
30
may
return
to
the
district
of
residence
and
enroll
at
any
31
time,
once
the
parent
or
guardian
has
notified
the
district
of
32
residence
and
the
receiving
district
in
writing
of
the
decision
33
to
enroll
the
pupil
in
the
district
of
residence.
34
Sec.
37.
Section
282.18,
subsection
7,
Code
2022,
is
amended
35
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by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
c.
If
a
pupil
participating
in
open
2
enrollment
attends
school
in
the
receiving
district
for
less
3
than
a
full
school
year,
payment
from
the
district
of
residence
4
to
the
receiving
district
shall
be
prorated
on
a
per
diem
5
basis.
6
Sec.
38.
Section
282.18,
subsection
11,
paragraph
a,
7
subparagraph
(8),
Code
2022,
is
amended
to
read
as
follows:
8
(8)
If
the
pupil
participates
in
open
enrollment
because
9
of
circumstances
that
meet
the
definition
of
good
cause
under
10
subsection
4
,
paragraph
“b”
.
For
purposes
of
this
subparagraph,
11
“good
cause”
means
a
change
in
a
child’s
residence
due
to
a
12
change
in
family
residence,
a
change
in
a
child’s
residence
13
from
the
residence
of
one
parent
or
guardian
to
the
residence
14
of
different
parent
or
guardian,
a
change
in
the
state
in
15
which
the
family
residence
is
located,
a
change
in
a
child’s
16
parents’
marital
status,
a
guardianship
or
custody
proceeding,
17
placement
in
foster
care,
adoption,
participation
in
a
foreign
18
exchange
program,
initial
placement
of
a
prekindergarten
19
student
in
a
special
education
program
requiring
specially
20
designed
instruction,
or
participation
in
a
substance
abuse
21
or
mental
health
treatment
program,
a
change
in
the
status
of
22
a
child’s
resident
district
such
as
removal
of
accreditation
23
by
the
state
board,
surrender
of
accreditation,
or
permanent
24
closure
of
a
nonpublic
school,
revocation
of
a
charter
school
25
contract
as
provided
in
section
256E.10
or
256F.8,
the
failure
26
of
negotiations
for
a
whole
grade
sharing,
reorganization,
27
dissolution
agreement,
or
the
rejection
of
a
current
whole
28
grade
sharing
agreement,
or
reorganization
plan.
29
Sec.
39.
Section
290.1,
Code
2022,
is
amended
to
read
as
30
follows:
31
290.1
Appeal
to
state
board.
32
An
affected
pupil,
or
the
parent
or
guardian
of
an
affected
33
pupil
who
is
a
minor,
who
is
aggrieved
by
a
decision
or
order
34
of
the
board
of
directors
of
a
school
corporation
in
a
matter
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of
law
or
fact
,
or
a
decision
or
order
of
a
board
of
directors
1
under
section
282.18,
subsection
5
,
may,
within
thirty
days
2
after
the
rendition
of
the
decision
or
the
making
of
the
order,
3
appeal
the
decision
or
order
to
the
state
board
of
education;
4
the
basis
of
the
proceedings
shall
be
an
affidavit
filed
with
5
the
state
board
by
the
party
aggrieved
within
the
time
for
6
taking
the
appeal,
which
affidavit
shall
set
forth
any
error
7
complained
of
in
a
plain
and
concise
manner.
8
Sec.
40.
EMERGENCY
RULES.
The
department
of
education
may
9
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
10
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
11
provisions
of
this
division
of
this
Act
and
the
rules
shall
12
be
effective
immediately
upon
filing
unless
a
later
date
is
13
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
14
this
section
shall
also
be
published
as
a
notice
of
intended
15
action
as
provided
in
section
17A.4.
16
Sec.
41.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
17
deemed
of
immediate
importance,
takes
effect
upon
enactment.
18
DIVISION
VII
19
SHARED
OPERATIONAL
FUNCTIONS
20
Sec.
42.
Section
257.11,
subsection
5,
paragraph
a,
Code
21
2022,
is
amended
to
read
as
follows:
22
a.
(1)
In
order
to
provide
additional
funding
to
increase
23
student
opportunities
and
redirect
more
resources
to
student
24
programming
for
school
districts
that
share
operational
25
functions,
a
district
that
shares
with
a
political
subdivision
26
one
or
more
operational
functions
of
a
curriculum
director,
27
master
social
worker,
independent
social
worker,
work-based
28
learning
coordinator,
special
education
director,
mental
29
health
professional
who
holds
a
statement
of
recognition
30
issued
by
the
board
of
educational
examiners,
college
31
and
career
transition
counselor
or
coordinator,
or
school
32
counselor,
or
one
or
more
operational
functions
in
the
areas
33
of
superintendent
management,
business
management,
human
34
resources,
transportation,
or
operation
and
maintenance
for
at
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least
twenty
percent
of
the
school
year
shall
be
assigned
a
1
supplementary
weighting
for
each
shared
operational
function.
2
A
school
district
that
shares
an
operational
function
in
3
the
area
of
superintendent
management
shall
be
assigned
a
4
supplementary
weighting
of
eight
pupils
for
the
function.
A
5
school
district
that
shares
an
operational
function
in
the
area
6
of
business
management,
human
resources,
transportation,
or
7
operation
and
maintenance
shall
be
assigned
a
supplementary
8
weighting
of
five
pupils
for
the
function.
A
school
district
9
that
shares
the
operational
functions
of
a
curriculum
director;
10
a
master
social
worker
or
an
independent
social
worker
11
licensed
under
chapters
147
and
154C
;
a
work-based
learning
12
coordinator;
a
special
education
director;
a
mental
health
13
professional
who
holds
a
statement
of
recognition
issued
by
14
the
board
of
educational
examiners;
a
college
and
career
15
transition
counselor
or
coordinator;
or
a
school
counselor
16
shall
be
assigned
a
supplementary
weighting
of
three
pupils
17
for
the
function.
The
additional
weighting
shall
be
assigned
18
for
each
discrete
operational
function
shared.
However,
a
19
school
district
may
receive
the
additional
weighting
under
this
20
subsection
for
sharing
the
services
of
an
individual
with
a
21
political
subdivision
even
if
the
type
of
operational
function
22
performed
by
the
individual
for
the
school
district
and
the
23
type
of
operational
function
performed
by
the
individual
24
for
the
political
subdivision
are
not
the
same
operational
25
function,
so
long
as
both
operational
functions
are
eligible
26
for
weighting
under
this
subsection
.
In
such
case,
the
school
27
district
shall
be
assigned
the
additional
weighting
for
the
28
type
of
operational
function
that
the
individual
performs
for
29
the
school
district,
and
the
school
district
shall
not
receive
30
additional
weighting
for
any
other
function
performed
by
the
31
individual.
The
operational
function
sharing
arrangement
does
32
not
need
to
be
a
newly
implemented
sharing
arrangement
to
33
receive
supplementary
weighting
under
this
subsection
.
34
(2)
For
the
purposes
of
this
paragraph
“a”
:
35
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(a)
“College
and
career
transition
counselor
or
coordinator”
1
means
a
licensed
school
counselor
or
an
appropriately
trained
2
individual
responsible
for
providing
direct
services
to
3
students,
parents,
families,
schools,
and
postsecondary
4
institutions
to
support
college
preparation
and
postsecondary
5
success,
such
as
college
preparation,
financial
aid
processing,
6
and
transition
to
postsecondary
institution
enrollment.
7
(a)
(b)
“Political
subdivision”
means
a
city,
township,
8
county,
school
corporation,
merged
area,
area
education
agency,
9
institution
governed
by
the
state
board
of
regents,
or
any
10
other
governmental
subdivision.
11
(b)
(c)
“Work-based
learning
coordinator”
means
an
12
appropriately
trained
individual
responsible
for
facilitating
13
authentic,
engaging
work-based
learning
experiences
for
14
learners
and
educators
in
partnership
with
employers
and
others
15
to
enhance
learning
by
connecting
the
content
and
skills
that
16
are
necessary
for
future
careers.
17
DIVISION
VIII
18
DELINQUENT
ACT
——
POSSESSION
OF
DANGEROUS
WEAPONS
OR
FIREARMS
19
BY
MINORS
20
Sec.
43.
Section
232.2,
subsection
12,
Code
2022,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
e.
The
violation
of
section
724.4E
which
is
23
committed
by
a
child.
24
Sec.
44.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
25
deemed
of
immediate
importance,
takes
effect
upon
enactment.
26
DIVISION
IX
27
ASSAULT
——
NATIONAL
GUARD
MEMBERS
28
Sec.
45.
Section
708.3A,
subsections
1,
2,
3,
and
4,
Code
29
2022,
are
amended
to
read
as
follows:
30
1.
A
person
who
commits
an
assault,
as
defined
in
section
31
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
32
member
or
employee
of
the
board
of
parole,
health
care
33
provider,
employee
of
the
department
of
human
services,
34
employee
of
the
department
of
revenue,
national
guard
member
35
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engaged
in
national
guard
duty
or
state
active
duty,
civilian
1
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
2
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
3
with
the
knowledge
that
the
person
against
whom
the
assault
4
is
committed
is
a
peace
officer,
jailer,
correctional
staff,
5
member
or
employee
of
the
board
of
parole,
health
care
6
provider,
employee
of
the
department
of
human
services,
7
employee
of
the
department
of
revenue,
national
guard
member
8
engaged
in
national
guard
duty
or
state
active
duty,
civilian
9
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
10
fire
department,
or
fire
fighter
and
with
the
intent
to
inflict
11
a
serious
injury
upon
the
peace
officer,
jailer,
correctional
12
staff,
member
or
employee
of
the
board
of
parole,
health
13
care
provider,
employee
of
the
department
of
human
services,
14
employee
of
the
department
of
revenue,
national
guard
member
15
engaged
in
national
guard
duty
or
state
active
duty,
civilian
16
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
17
fire
department,
or
fire
fighter,
is
guilty
of
a
class
“D”
18
felony.
19
2.
A
person
who
commits
an
assault,
as
defined
in
section
20
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
21
member
or
employee
of
the
board
of
parole,
health
care
22
provider,
employee
of
the
department
of
human
services,
23
employee
of
the
department
of
revenue,
national
guard
member
24
engaged
in
national
guard
duty
or
state
active
duty,
civilian
25
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
26
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
27
who
knows
that
the
person
against
whom
the
assault
is
committed
28
is
a
peace
officer,
jailer,
correctional
staff,
member
or
29
employee
of
the
board
of
parole,
health
care
provider,
employee
30
of
the
department
of
human
services,
employee
of
the
department
31
of
revenue,
national
guard
member
engaged
in
national
guard
32
duty
or
state
active
duty,
civilian
employee
of
a
law
33
enforcement
agency,
civilian
employee
of
a
fire
department,
or
34
fire
fighter
and
who
uses
or
displays
a
dangerous
weapon
in
35
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connection
with
the
assault,
is
guilty
of
a
class
“D”
felony.
1
3.
A
person
who
commits
an
assault,
as
defined
in
section
2
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
3
member
or
employee
of
the
board
of
parole,
health
care
4
provider,
employee
of
the
department
of
human
services,
5
employee
of
the
department
of
revenue,
national
guard
member
6
engaged
in
national
guard
duty
or
state
active
duty,
civilian
7
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
8
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
9
who
knows
that
the
person
against
whom
the
assault
is
committed
10
is
a
peace
officer,
jailer,
correctional
staff,
member
or
11
employee
of
the
board
of
parole,
health
care
provider,
employee
12
of
the
department
of
human
services,
employee
of
the
department
13
of
revenue,
national
guard
member
engaged
in
national
guard
14
duty
or
state
active
duty,
civilian
employee
of
a
law
15
enforcement
agency,
civilian
employee
of
a
fire
department,
or
16
fire
fighter,
and
who
causes
bodily
injury
or
mental
illness,
17
is
guilty
of
an
aggravated
misdemeanor.
18
4.
Any
other
assault,
as
defined
in
section
708.1
,
committed
19
against
a
peace
officer,
jailer,
correctional
staff,
member
or
20
employee
of
the
board
of
parole,
health
care
provider,
employee
21
of
the
department
of
human
services,
employee
of
the
department
22
of
revenue,
national
guard
member
engaged
in
national
guard
23
duty
or
state
active
duty,
civilian
employee
of
a
law
24
enforcement
agency,
civilian
employee
of
a
fire
department,
25
or
fire
fighter,
whether
paid
or
volunteer,
by
a
person
who
26
knows
that
the
person
against
whom
the
assault
is
committed
is
27
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
28
of
the
board
of
parole,
health
care
provider,
employee
of
the
29
department
of
human
services,
employee
of
the
department
of
30
revenue,
national
guard
member
engaged
in
national
guard
duty
31
or
state
active
duty,
civilian
employee
of
a
law
enforcement
32
agency,
civilian
employee
of
a
fire
department,
or
fire
33
fighter,
is
a
serious
misdemeanor.
34
Sec.
46.
Section
708.3A,
subsection
5,
Code
2022,
is
amended
35
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by
adding
the
following
new
paragraphs:
1
NEW
PARAGRAPH
.
f.
“National
guard”
means
the
same
as
2
defined
in
section
29A.1.
3
NEW
PARAGRAPH
.
g.
“National
guard
duty”
means
the
same
as
4
defined
in
section
29A.1.
5
NEW
PARAGRAPH
.
h.
“State
active
duty”
means
the
same
as
6
defined
in
section
29A.1.
7
DIVISION
X
8
DEPENDENT
ADULT
ABUSE
RESULTING
IN
DEATH
9
Sec.
47.
Section
726.26,
if
enacted
by
2022
Iowa
Acts,
10
Senate
File
522,
section
6,
is
amended
by
adding
the
following
11
new
subsection:
12
NEW
SUBSECTION
.
2A.
A
caretaker
who
intentionally
or
13
recklessly
commits
dependent
adult
abuse
is
guilty
of
murder
14
in
the
second
degree
in
violation
of
section
707.3
if
the
15
intentional
or
reckless
dependent
adult
abuse
results
in
the
16
death
of
the
dependent
adult.
17
DIVISION
XI
18
HEALTH
CARE
PROVIDER
REFERRAL
TO
AMBULATORY
SURGICAL
CENTER
19
Sec.
48.
NEW
SECTION
.
147.163
Provision
of
information
——
20
referral
to
ambulatory
surgical
center
——
licensee
discipline.
21
1.
A
health
care
provider
who
determines
that
a
patient
is
a
22
candidate
for
outpatient
surgery
based
on
the
patient’s
medical
23
status
and
surgical
service
needs,
and
refers
the
patient
to
24
an
ambulatory
surgical
center
as
an
option
for
the
surgery,
25
shall
provide
the
patient
with
a
written
document
listing
the
26
factors
the
patient
should
consider
to
make
a
fully
informed
27
decision
about
the
patient’s
recommended
course
of
care.
The
28
considerations
shall
include
all
of
the
following:
29
a.
The
differences
in
ownership;
licensure,
certification,
30
or
accreditation;
and
payment
alternatives
between
the
31
ambulatory
surgical
center
and
a
hospital.
32
b.
The
types
of
medical
personnel
generally
involved
in
the
33
patient’s
surgical
service
and
the
capacity
of
the
ambulatory
34
surgical
center
and
a
hospital
to
comply
with
the
personnel
35
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requirements.
1
c.
The
capacity
of
the
ambulatory
surgical
center
and
a
2
hospital
to
respond
to
medical
complications
and
emergencies
3
that
may
arise
from
the
surgical
service.
4
d.
The
proximity
of
the
ambulatory
surgical
center
to
a
5
hospital
and
the
protocols
in
place
for
transfer
of
a
patient
6
from
the
ambulatory
surgical
center
to
the
hospital
for
7
emergency
care.
8
e.
The
type
of
anesthesia
generally
used
for
the
patient’s
9
surgical
service
and
the
capacity
of
the
ambulatory
surgical
10
center
and
a
hospital
to
comply
with
requirements
relative
to
11
the
use
of
anesthesia.
12
2.
For
the
purposes
of
this
section:
13
a.
“Ambulatory
surgical
center”
means
a
distinct
facility
14
that
operates
exclusively
for
the
purpose
of
providing
surgical
15
services
to
patients
not
requiring
hospitalization
and
in
which
16
the
expected
duration
of
services
does
not
exceed
twenty-four
17
hours
following
an
admission.
“Ambulatory
surgical
center”
18
includes
a
facility
that
otherwise
meets
the
definition
of
19
ambulatory
surgical
center
whether
or
not
licensed,
certified,
20
or
accredited
as
an
ambulatory
surgical
center
and
which
may
21
or
may
not
operate
on
a
partially
cash-only
or
completely
22
cash-only
basis.
“Ambulatory
surgical
center”
does
not
include
23
individual
or
group
practice
offices
of
private
physicians
24
or
podiatrists
that
do
not
contain
a
distinct
area
used
for
25
outpatient
surgical
treatment
on
a
regular
basis,
or
that
26
only
provide
surgery
routinely
provided
in
a
physician’s
27
or
podiatrist’s
office
using
local
anesthesia
or
conscious
28
sedation;
individual
or
group
practice
offices
of
private
29
dentists;
or
a
portion
of
a
licensed
hospital
designated
for
30
outpatient
surgical
treatment.
31
b.
“Health
care
provider”
means
a
person
who
is
licensed,
32
certified,
or
otherwise
authorized
or
permitted
by
the
laws
of
33
this
state
to
administer
health
care
in
the
ordinary
course
of
34
business
or
in
the
practice
of
a
profession.
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c.
“Hospital”
means
the
same
as
defined
in
section
135B.1.
1
3.
A
health
care
provider
who
violates
this
section
is
2
subject
to
licensee
discipline
by
the
appropriate
licensing
or
3
disciplinary
authority.
4
DIVISION
XII
5
HEALTH
CARE
EMPLOYMENT
AGENCIES
6
Sec.
49.
RETROACTIVE
APPLICABILITY.
2022
Iowa
Acts,
House
7
File
2521,
applies
retroactively
to
any
contract
between
a
8
health
care
employment
agency
and
an
agency
worker
or
health
9
care
entity
referred
to
under
section
135Q.2,
subsection
3,
as
10
enacted
by
2022
Iowa
Acts,
House
File
2521,
that
was
entered
11
into
or
executed
on
or
after
January
1,
2019.
12
DIVISION
XIII
13
PHYSICAL
EXAMINATIONS
BY
LICENSED
PHYSICIANS
14
Sec.
50.
Section
237A.12,
Code
2022,
is
amended
by
adding
15
the
following
new
subsection:
16
NEW
SUBSECTION
.
6.
Rules
adopted
relating
to
physical
17
examination
requirements
for
licensed
or
registered
facility
18
personnel
and
the
children
being
provided
child
care
by
the
19
licensed
or
registered
facility
shall
allow
for
any
licensed
20
physician
as
defined
in
section
135.1
to
perform
the
physical
21
examination.
22
DIVISION
XIV
23
BEVERAGE
CONTAINERS
CONTROL
24
Sec.
51.
Section
455C.2,
subsection
2,
paragraph
b,
if
25
enacted
by
2022
Iowa
Acts,
Senate
File
2378,
section
4,
is
26
amended
to
read
as
follows:
27
b.
A
distributor
who
pays
a
handling
fee
for
beverage
28
containers
a
beverage
container
that
was
sold
for
consumption
29
off
the
premises
and
that
used
to
contain
beer,
including
30
high-alcoholic
content
beer,
may
claim
a
refund
of
the
barrel
31
tax
established
in
section
123.136
paid
by
the
distributor
32
in
the
amount
of
one
cent
for
each
such
beverage
container
33
accepted
by
the
distributor
.
The
department
of
revenue
shall
34
prescribe
forms
for
a
distributor
to
use
to
claim
a
refund
35
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under
this
paragraph.
Identifying
information
collected
by
the
1
department
of
revenue
pursuant
to
this
paragraph
that
can
be
2
used
to
identify
a
specific
distributor
shall
be
considered
3
confidential
information
pursuant
to
section
22.7,
subsection
4
75.
5
Sec.
52.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
6
effect
January
1,
2023.
7
DIVISION
XV
8
FUNERAL
SERVICES
——
CORRECTION
9
Sec.
53.
Section
523A.505,
subsection
1,
as
enacted
by
2022
10
Iowa
Acts,
House
File
2155,
section
4,
is
amended
to
read
as
11
follows:
12
1.
A
sales
agent,
and
any
person
who
owns
at
least
five
13
percent
of
a
preneed
seller
business,
shall
have
an
ongoing
14
duty
to
disclose
to
the
commissioner
all
felony
crimes
and
15
those
misdemeanor-level
crimes
involving
dishonesty
or
false
16
statement
for
which
the
sales
agent
or
person
has
been
found
17
guilty,
or
for
which
the
sales
agent
or
person
has
pled
18
guilty
or
no
contest.
Such
disclosure
shall
be
made
to
the
19
commissioner
within
thirty
calendar
days
of
the
date
that
20
the
sales
agent
or
person
has
been
found
guilty
by
a
court
21
of
competent
jurisdiction,
or
of
the
date
the
sales
agent
or
22
person
pleads
not
guilty
or
no
contest.
23
DIVISION
XVI
24
COUNTY
JURISDICTION
——
CEMETERIES
25
Sec.
54.
Section
331.325,
subsection
3,
Code
2022,
is
26
amended
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
d.
A
cemetery
that
does
not
otherwise
28
qualify
to
be
under
the
jurisdiction
and
control
of
a
county
29
board
of
supervisors
or
county
cemetery
commission
may
30
designate
a
portion
of
the
cemetery
as
a
pioneer
section
if
at
31
least
fifty
percent
of
the
burials
in
that
portion
occurred
32
at
least
one
hundred
years
prior
to
the
designation.
Upon
33
approval
by
the
cemetery,
the
county
board
of
supervisors,
and
34
the
county
cemetery
commission,
the
county
cemetery
commission
35
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may
use
its
resources
to
restore
and
maintain
the
pioneer
1
section
of
the
cemetery
as
though
that
section
was
a
pioneer
2
cemetery.
However,
a
cemetery
with
a
designated
pioneer
3
section
and
the
pioneer
section
itself
shall
not
be
considered
4
a
pioneer
cemetery.
5
Sec.
55.
NEW
SECTION
.
523I.403
Pioneer
section
——
6
management
by
county
cemetery
commission.
7
A
cemetery
may
designate
a
portion
of
the
cemetery
as
a
8
pioneer
section
to
be
restored
and
maintained
by
the
county
9
cemetery
commission
as
provided
in
section
331.325,
subsection
10
3,
paragraph
“d”
.
11
DIVISION
XVII
12
HOME-BASED
BUSINESSES
13
Sec.
56.
Section
137D.1,
subsection
4,
unnumbered
paragraph
14
1,
Code
2022,
as
amended
by
2022
Iowa
Acts,
House
File
2431,
15
section
2,
if
enacted,
is
amended
to
read
as
follows:
16
“Homemade
food
item”
means
a
food
that
is
produced
and,
if
17
packaged,
packaged
at
a
home
food
processing
establishment.
18
“Homemade
food
item”
includes
food
that
is
not
time/temperature
19
control
for
safety
food,
but
does
not
include
such
food
if
20
produced
and
sold
under
section
137F.20.
“Homemade
food
item”
21
does
not
include
unpasteurized
fruit
or
vegetable
juice,
raw
22
sprout
seeds,
foods
containing
game
animals,
fish
or
shellfish,
23
alcoholic
beverages,
bottled
water,
packaged
ice,
consumable
24
hemp
products,
food
that
will
be
further
processed
by
a
food
25
processing
plant,
time/temperature
control
for
safety
food
26
packaged
using
a
reduced
oxygen
packaging
method,
milk
or
milk
27
products
regulated
under
chapter
192
or
194
,
and
meat,
meat
28
food
products,
poultry,
or
poultry
products
regulated
under
29
chapter
189A,
except
for
any
of
the
following
products
when
30
sold
directly
to
the
end
consumer:
31
Sec.
57.
Section
137F.1,
subsection
2A,
paragraph
a,
if
32
enacted
by
2022
Iowa
Acts,
House
File
2431,
section
8,
is
33
amended
to
read
as
follows:
34
a.
Milk
or
milk
products
regulated
under
chapter
192
or
35
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194
.
>
1
2.
Title
page,
by
striking
lines
1
through
5
and
2
inserting
<
An
Act
relating
to
state
and
local
finances
by
3
making
appropriations,
providing
for
legal
and
regulatory
4
responsibilities,
providing
for
other
properly
related
matters,
5
providing
penalties,
making
penalties
applicable,
and
including
6
effective
date,
applicability,
and
retroactive
applicability
7
provisions.
>
8
______________________________
JACK
WHITVER
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#2.