Senate File 94 S-3002 Amend the amendment, S-3001, to Senate File 94, as follows: 1 1. By striking page 1, line 1, through page 12, line 20, and 2 inserting: 3 < Amend Senate File 94, as follows: 4 ___. By striking everything after the enacting clause and 5 inserting: 6 < DIVISION I 7 SHORT TITLE 8 Section 1. SHORT TITLE. This Act shall be known and may be 9 cited as the “Students First Act”. 10 DIVISION II 11 EDUCATION SAVINGS ACCOUNT PROGRAM 12 Sec. 2. Section 256.9, Code 2023, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 66. Adopt rules relating to the 15 administration of, and applications for, the education savings 16 account program pursuant to section 257.11B, including but not 17 limited to application processing timelines and information 18 required to be submitted by a parent or guardian. 19 Sec. 3. Section 257.10, subsection 9, paragraph c, 20 subparagraph (1), Code 2023, is amended to read as follows: 21 (1) The unadjusted teacher salary supplement district cost 22 is the teacher salary supplement district cost per pupil for 23 each school district for a budget year multiplied by the sum 24 of the budget enrollment for that school district plus the 25 number of resident pupils in the school district that received 26 an education savings account payment under section 257.11B for 27 the base year . 28 Sec. 4. Section 257.10, subsection 10, paragraph c, 29 subparagraph (1), Code 2023, is amended to read as follows: 30 (1) The unadjusted professional development supplement 31 district cost is the professional development supplement 32 district cost per pupil for each school district for a budget 33 year multiplied by the sum of the budget enrollment for that 34 school district plus the number of resident pupils in the 35 -1- S 3001.40 (3) 90 md/jh 1/ 16 #1.

school district that received an education savings account 1 payment under section 257.11B for the base year . 2 Sec. 5. Section 257.10, subsection 11, paragraph c, 3 subparagraph (1), Code 2023, is amended to read as follows: 4 (1) The unadjusted early intervention supplement district 5 cost is the early intervention supplement district cost per 6 pupil for each school district for a budget year multiplied 7 by the sum of the budget enrollment for that school district 8 plus the number of resident pupils in the school district that 9 received an education savings account payment under section 10 257.11B for the base year . 11 Sec. 6. Section 257.10, subsection 12, paragraph c, 12 subparagraph (1), Code 2023, is amended to read as follows: 13 (1) The unadjusted teacher leadership supplement district 14 cost is the teacher leadership supplement district cost per 15 pupil for each school district for a budget year multiplied 16 by the sum of the budget enrollment for that school district 17 plus the number of resident pupils in the school district that 18 received an education savings account payment under section 19 257.11B for the base year . 20 Sec. 7. NEW SECTION . 257.11B Education savings account 21 program. 22 1. For purposes of this section: 23 a. “Nonpublic school” means the same as defined in section 24 285.16. 25 b. (1) “Qualified educational expenses” includes tuition 26 and fees at a nonpublic school, textbooks, fees or payments for 27 educational therapies, including tutoring or cognitive skills 28 training, curriculum fees, software, and materials for a course 29 of study for a specific subject matter or grade level, tuition 30 or fees for nonpublic online education programs, tuition for 31 vocational and life skills education approved by the department 32 of education, education materials and services for pupils with 33 disabilities from an accredited provider, including the cost of 34 paraprofessionals and assistants who are trained in accordance 35 -2- S 3001.40 (3) 90 md/jh 2/ 16

with state law, standardized test fees, and advanced placement 1 examinations or examinations related to postsecondary education 2 admission or credentialing. 3 (2) “Qualified educational expenses” shall be limited to 4 the items described in subparagraph (1) and rules adopted 5 by the department to implement this section and does not 6 include transportation costs for the pupil, the cost of food 7 or refreshments consumed by the pupil, the cost of clothing 8 for the pupil, or the cost of disposable materials, including 9 but not limited to paper, notebooks, pencils, pens, and art 10 supplies. 11 c. “Resident” means the same as defined in section 282.1, 12 subsection 2. 13 2. a. (1) For the school budget year beginning July 14 1, 2023, the following pupils who attend a nonpublic school 15 for that school budget year shall be eligible to receive an 16 education savings account payment: 17 (a) A resident pupil who is eligible to enroll in 18 kindergarten. 19 (b) A resident pupil who is eligible to enroll in grades one 20 through twelve and was not enrolled in a nonpublic school for 21 the school year immediately preceding the school year for which 22 the education savings account payment is requested. 23 (c) A resident pupil who is eligible to enroll in grades 24 one through twelve and was enrolled in a nonpublic school year 25 immediately preceding the school year for which the education 26 savings account payment is requested if the pupil’s household 27 has an annual income less than or equal to three hundred 28 percent of the most recently revised poverty income guidelines 29 published by the United States department of health and human 30 services. 31 (2) For the school budget year beginning July 1, 2024, the 32 following pupils who attend a nonpublic school for that school 33 budget year shall be eligible to receive an education savings 34 account payment: 35 -3- S 3001.40 (3) 90 md/jh 3/ 16

(a) A resident pupil who is eligible to enroll in 1 kindergarten. 2 (b) A resident pupil who is eligible to enroll in grades one 3 through twelve and was not enrolled in a nonpublic school for 4 the school year immediately preceding the school year for which 5 the education savings account payment is requested. 6 (c) A resident pupil who is eligible to enroll in grades one 7 through twelve and was enrolled in a nonpublic school for the 8 school year immediately preceding the school year for which the 9 education savings account payment is requested if the pupil’s 10 household has an annual income less than or equal to four 11 hundred percent of the most recently revised poverty income 12 guidelines published by the United States department of health 13 and human services. 14 (d) A resident pupil who received an education savings 15 account payment in the immediately preceding school budget 16 year. 17 (3) For school budget years beginning on or after July 18 1, 2025, resident pupils eligible to enroll in kindergarten 19 through grade twelve who attend a nonpublic school for the 20 applicable school budget year shall be eligible to receive an 21 education savings account payment. 22 b. Education savings account payments shall be made 23 available to parents and guardians in the manner authorized 24 under subsection 5 for the payment of qualified educational 25 expenses as provided in this section. Parents and guardians 26 shall first use education savings account payments for all 27 qualified educational expenses that are tuition and fees for 28 which the parent or guardian is responsible for payment at the 29 pupil’s nonpublic school prior to using the education savings 30 account for other qualified educational expenses. 31 3. a. On or after January 1, but on or before June 30, 32 preceding the school year for which the education savings 33 account payment is requested, the parent or guardian of an 34 eligible pupil may request an education savings account payment 35 -4- S 3001.40 (3) 90 md/jh 4/ 16

by submitting an application to the department of education. 1 b. Within thirty days following submission of an 2 application, the department of education or third-party entity 3 shall notify the parent or guardian of each pupil approved 4 for the following school year and specify the amount of the 5 education savings account payment for the pupil, if known at 6 the time of the notice. As soon as practical following the 7 processing of all applications, the department of education or 8 third-party entity shall determine the number of pupils in each 9 school district approved for the school budget year and provide 10 such information to the department of management. 11 c. Education savings account payments shall only be approved 12 for one school year and applications must be submitted annually 13 for payments in subsequent school years. 14 4. Each education savings account payment shall be equal to 15 the regular program state cost per pupil for the same school 16 budget year. 17 5. An education savings account fund is created in 18 the state treasury under the control of the department of 19 education consisting of moneys appropriated to the department 20 of education for the purpose of providing education savings 21 account payments under this section. For the fiscal year 22 commencing July 1, 2023, and each succeeding fiscal year, 23 there is appropriated from the general fund of the state 24 to the department of education to be credited to the fund 25 the amount necessary to pay all education savings account 26 payments approved for that fiscal year. The director of the 27 department of education has all powers necessary to carry out 28 and effectuate the purposes, objectives, and provisions of this 29 section pertaining to the fund, including the power to do all 30 of the following: 31 a. Make and enter into contracts with a third-party entity 32 necessary for the administration of the program. 33 b. Procure insurance against any loss in connection with the 34 assets of the fund or require a surety bond. 35 -5- S 3001.40 (3) 90 md/jh 5/ 16

c. Contract with a qualified firm, including but not limited 1 to the third-party entity under paragraph “a” , to allocate 2 funds from each pupil’s account for the payment of qualified 3 educational expenses by the pupil’s parent or guardian. 4 d. Require the qualified firm under paragraph “c” to 5 offer the department of education the capability of automated 6 clearinghouse transactions, electronic commerce transactions, 7 reimbursement transactions, and debit card payments in order to 8 meet the diverse needs of participating parents and guardians 9 to pay for qualified educational expenses. The director of 10 the department of education shall determine which transaction 11 capabilities will be available to participating parents and 12 guardians. 13 e. Reduce the possibility of waste, fraud, and abuse, 14 and ensure that any technology platform used for the program 15 meets the state’s highest security requirements, including 16 compliance. 17 f. Conduct audits or other reviews necessary to properly 18 administer the program. 19 g. Adopt rules for the administration of the fund and 20 accounts within the fund. 21 6. a. For each pupil approved for an education savings 22 account payment, the department of education or third-party 23 entity shall establish an individual account for that pupil 24 in the education savings account fund. The amount of the 25 pupil’s education savings account payment shall be deposited 26 into the pupil’s individual account on July 15 or thirty days 27 following submission of the application, whichever is later, 28 and such amount shall be immediately available for the payment 29 of qualified educational expenses incurred by the parent or 30 guardian for the pupil during that fiscal year using a payment 31 method authorized under subsection 5. 32 b. A nonpublic school or other provider of qualified 33 educational expenses that accepts payment from a parent or 34 guardian using funds from a pupil’s individual account in the 35 -6- S 3001.40 (3) 90 md/jh 6/ 16

fund shall not refund, rebate, or share any portion of such 1 payment with the parent, guardian, or pupil. 2 c. Moneys remaining in a pupil’s individual account 3 upon conclusion of the fiscal year shall remain in the 4 pupil’s individual account for the payment of qualified 5 educational expenses in future fiscal years during which the 6 pupil participates in the program until the pupil becomes 7 ineligible under the program or until the remaining amounts are 8 transferred to the state general fund under subsection 8. 9 7. A person who makes a false claim for the purpose of 10 obtaining an education savings account payment or who knowingly 11 receives the payment or makes a payment from an individual 12 account within the fund without being legally entitled to do 13 so is guilty of a fraudulent practice under chapter 714. The 14 false claim for an education savings account or a payment from 15 an individual account shall be disallowed. The department of 16 education or third-party entity shall also close the pupil’s 17 individual account in the fund and transfer any remaining 18 moneys in the account for deposit in the general fund of the 19 state. If the improperly obtained amounts have been disbursed 20 from the applicable individual account, the department of 21 education or third-party entity shall recover such amounts 22 from the parent or guardian, including by initiating legal 23 proceedings to recover such amounts, if necessary. A parent or 24 guardian who commits a fraudulent practice under this section 25 is prohibited from participating in the education savings 26 account program in the future. 27 8. Moneys remaining in a pupil’s individual account when the 28 pupil graduates from high school or turns twenty years of age, 29 whichever occurs first, shall be transferred by the department 30 of education for deposit in the general fund of the state. 31 9. a. A parent may appeal to the state board of education 32 any administrative decision the department of education or 33 third-party entity makes pursuant to this section, including 34 but not limited to determinations of eligibility, allowable 35 -7- S 3001.40 (3) 90 md/jh 7/ 16

expenses, and removal from the program. The department or 1 third-party entity shall notify the parent or guardian in 2 writing of the appeal process at the same time the department 3 notifies the parent or guardian of the administrative decision. 4 The state board of education shall establish the appeals 5 process consistent with chapter 17A and shall post such appeal 6 process information on the state board of education’s internet 7 site. 8 b. The state board of education shall refer cases of 9 substantial misuse of education savings account program funds 10 to the attorney general for the purpose of collection or for 11 the purpose of a criminal investigation if the state board of 12 education obtains evidence of fraudulent use of an account. 13 10. a. This section shall not be construed to authorize 14 the state or any political subdivision of the state to exercise 15 authority over any nonpublic school or construed to require a 16 nonpublic school to modify its academic standards for admission 17 or educational program in order to receive payment from a 18 parent or guardian using funds from a pupil’s account in the 19 education savings account fund. 20 b. This section shall not be construed to expand the 21 authority of the state or any political subdivision of the 22 state to impose regulations upon any nonpublic school that are 23 not necessary to implement this section. 24 c. A nonpublic school that accepts payment from a parent or 25 guardian using funds from a pupil’s account in the education 26 savings account fund is not an agent of this state or of a 27 political subdivision of this state. 28 d. Rules adopted by the department of education to implement 29 this section that impose an undue burden on a nonpublic school 30 are invalid. 31 e. A nonpublic school that accepts payment from a parent or 32 guardian using funds from a pupil’s account in the education 33 savings account fund shall be given the maximum freedom 34 possible to provide for the educational needs of the school’s 35 -8- S 3001.40 (3) 90 md/jh 8/ 16

students, consistent with state and federal law. 1 11. a. Each pupil participating in the education savings 2 account program is required to take all applicable state and 3 federally required student assessments and the results of 4 those assessments shall be provided to the pupil’s parents or 5 guardians and reported to the department of education. 6 b. The department of education shall compile all such 7 reported assessment results in order to analyze student 8 proficiency and academic progress among those pupils 9 participating in the program, including analysis of graduation 10 rates, proficiency, and progress based on grade level, 11 gender, race, and household income level. The results of the 12 department’s analysis shall be included in the annual condition 13 of education report. 14 Sec. 8. Section 422.7, Code 2023, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 44. Subtract, to the extent included, the 17 amount of an education savings account payment under section 18 257.11B received by the taxpayer for payment of qualified 19 educational expenses. 20 Sec. 9. EMERGENCY RULES. The department of education 21 may adopt emergency rules under section 17A.4, subsection 3, 22 and section 17A.5, subsection 2, paragraph “b”, to implement 23 the provisions of the section of this Act enacting section 24 256.9, subsection 66, and section 257.11B, and the rules shall 25 be effective immediately upon filing unless a later date is 26 specified in the rules. Any rules adopted in accordance with 27 this section shall also be published as a notice of intended 28 action as provided in section 17A.4. 29 Sec. 10. EFFECTIVE DATE. This division of this Act, being 30 deemed of immediate importance, takes effect upon enactment. 31 Sec. 11. RETROACTIVE APPLICABILITY. The following applies 32 retroactively to tax years beginning on or after January 1, 33 2023: 34 The section of this division of this Act enacting section 35 -9- S 3001.40 (3) 90 md/jh 9/ 16

422.7, subsection 44. 1 DIVISION III 2 SCHOOL DISTRICT CATEGORICAL FUNDING 3 Sec. 12. Section 257.10, subsection 9, paragraph d, Code 4 2023, is amended to read as follows: 5 d. For the budget year beginning July 1, 2009, the use 6 of the funds calculated under this subsection shall comply 7 with the requirements of chapter 284 and shall be distributed 8 to teachers pursuant to section 284.3A . For the budget year 9 beginning July 1, 2010, and succeeding budget years, the use 10 of the funds calculated under this subsection or available for 11 use as provided in subsection 10, paragraph “d” , subsection 12, 12 paragraph “d” , or section 257.46, subsection 3, shall comply 13 with the requirements of chapter 284 and shall be distributed 14 to teachers pursuant to section 284.3A and shall comply with 15 the requirements of chapter 284 related to such distribution 16 under section 284.3A . 17 Sec. 13. Section 257.10, subsection 10, paragraph d, Code 18 2023, is amended to read as follows: 19 d. The use of the funds calculated under this subsection 20 and any amount designated for professional development purposes 21 from the school district’s flexibility account under section 22 298A.2, subsection 2 , shall comply with the requirements of 23 chapter 284 . If all professional development requirements of 24 chapter 284 are met and funds received under this subsection 25 remain unexpended and unobligated at the end of a fiscal year 26 beginning on or after July 1, 2017, the school district may 27 transfer all or a portion of such unexpended and unobligated 28 funds for deposit in the school district’s flexibility account 29 established under section 298A.2, subsection 2 . At the end 30 of a fiscal year beginning on or after July 1, 2022, the 31 school district may use all or a portion of funds under this 32 subsection for the purposes authorized under subsection 9, 33 paragraph “d” . 34 Sec. 14. Section 257.10, subsection 12, paragraph d, Code 35 -10- S 3001.40 (3) 90 md/jh 10/ 16

2023, is amended to read as follows: 1 d. For Except as otherwise allowed under this paragraph, 2 for the budget year beginning July 1, 2014, and succeeding 3 budget years, the use of the funds calculated under this 4 subsection shall comply with the requirements of chapter 284 5 and shall be distributed to teachers pursuant to section 6 284.15 . The funds shall be used only to increase the payment 7 for a teacher assigned to a leadership role pursuant to a 8 framework or comparable system approved pursuant to section 9 284.15 ; to increase the percentages of teachers assigned to 10 leadership roles; to increase the minimum teacher starting 11 salary to thirty-three thousand five hundred dollars; to 12 cover the costs for the time mentor and lead teachers are not 13 providing instruction to students in a classroom; for coverage 14 of a classroom when an initial or career teacher is observing 15 or co-teaching with a teacher assigned to a leadership role; 16 for professional development time to learn best practices 17 associated with the career pathways leadership process; and for 18 other costs associated with a framework or comparable system 19 approved by the department of education under section 284.15 20 with the goals of improving instruction and elevating the 21 quality of teaching and student learning. If all requirements 22 for the school district for the use of funds calculated 23 under this subsection are met and funds received under this 24 subsection remain unexpended and unobligated at the end of a 25 fiscal year beginning on or after July 1, 2020, the school 26 district may transfer all or a portion of such unexpended 27 and unobligated funds for deposit in the school district’s 28 flexibility account established under section 298A.2, 29 subsection 2 . At the end of a fiscal year beginning on or after 30 July 1, 2022, school districts may use all or a portion of 31 funds under this subsection for the purposes authorized under 32 subsection 9, paragraph “d” , and, notwithstanding any provision 33 of law to the contrary, school districts shall not be required 34 to participate in or comply with section 284.15 in order to 35 -11- S 3001.40 (3) 90 md/jh 11/ 16

continue to receive funding under this subsection. 1 Sec. 15. Section 257.11, subsection 5, Code 2023, is amended 2 to read as follows: 3 5. Shared operational functions —— increased student 4 opportunities —— budget years beginning in 2014 through 2024 5 2034 . 6 a. (1) In order to provide additional funding to increase 7 student opportunities and redirect more resources to student 8 programming for school districts that share operational 9 functions, a district that shares with a political subdivision 10 one or more operational functions of a curriculum director, 11 master social worker, independent social worker, work-based 12 learning coordinator, special education director, mental health 13 professional who holds a statement of recognition issued by the 14 board of educational examiners, college and career transition 15 counselor or coordinator, school resource officer, or school 16 counselor, or one or more operational functions in the areas 17 of superintendent management, business management, human 18 resources, transportation, or operation and maintenance for at 19 least twenty percent of the school year shall be assigned a 20 supplementary weighting for each shared operational function. 21 A school district that shares an operational function in 22 the area of superintendent management shall be assigned a 23 supplementary weighting of nine pupils for the function. A 24 school district that shares an operational function in the area 25 of business management, human resources, transportation, or 26 operation and maintenance shall be assigned a supplementary 27 weighting of five pupils for the function. A school district 28 that shares the operational functions of a curriculum director; 29 a master social worker or an independent social worker licensed 30 under chapters 147 and 154C ; a work-based learning coordinator; 31 a special education director; a mental health professional 32 who holds a statement of recognition issued by the board 33 of educational examiners; a college and career transition 34 counselor or coordinator; a school resource officer; or a 35 -12- S 3001.40 (3) 90 md/jh 12/ 16

school counselor shall be assigned a supplementary weighting of 1 three pupils for the function. The additional weighting shall 2 be assigned for each discrete operational function shared. 3 However, a school district may receive the additional weighting 4 under this subsection for sharing the services of an individual 5 with a political subdivision or another school district even if 6 the type of operational function performed by the individual 7 for the school district and the type of operational function 8 performed by the individual for the political subdivision or 9 another school district are not the same operational function, 10 so long as either both operational functions are eligible for 11 weighting under this subsection or the operational function 12 the individual performs for the school district is special 13 education director. In either case, the school district 14 shall be assigned the additional weighting for the type of 15 operational function that the individual performs for the 16 school district, and the school district shall not receive 17 additional weighting for any other function performed by the 18 individual. The operational function sharing arrangement does 19 not need to be a newly implemented sharing arrangement to 20 receive supplementary weighting under this subsection . 21 (2) For the purposes of this paragraph “a” : 22 (a) “College and career transition counselor or coordinator” 23 means a licensed school counselor or an appropriately trained 24 individual responsible for providing direct services to 25 students, parents, families, schools, and postsecondary 26 institutions to support college preparation and postsecondary 27 success, such as college preparation, financial aid processing, 28 and transition to postsecondary institution enrollment. 29 (b) “Political subdivision” means a city, township, county, 30 school corporation, merged area, area education agency, 31 institution governed by the state board of regents, or any 32 other governmental subdivision. 33 (c) “School resource officer” means the same as defined in 34 34 U.S.C. §10389. 35 -13- S 3001.40 (3) 90 md/jh 13/ 16

(d) “Work-based learning coordinator” means an appropriately 1 trained individual responsible for facilitating authentic, 2 engaging work-based learning experiences for learners and 3 educators in partnership with employers and others to enhance 4 learning by connecting the content and skills that are 5 necessary for future careers. 6 b. (1) Notwithstanding paragraph “a” , subparagraph (1), 7 each operational function assigned a supplementary weighting 8 of five pupils under paragraph “a” , subparagraph (1), shall 9 instead be assigned a supplementary weighting of four pupils 10 for the school budget years beginning on or after July 1, 2022, 11 July 1, 2023, and July 1, 2024 but before July 1, 2035 . 12 (2) Notwithstanding paragraph “a” , subparagraph (1), each 13 operational function assigned a supplementary weighting of 14 three pupils under paragraph “a” , subparagraph (1), shall 15 instead be assigned a supplementary weighting of two pupils for 16 the school budget years beginning on or after July 1, 2022, 17 July 1, 2023, and July 1, 2024 but before July 1, 2035 . 18 c. School districts that share operational functions with 19 other school districts are not required to be contiguous school 20 districts. If two or more districts sharing operational 21 functions are not contiguous to each other, the districts 22 separating those districts are not required to be a party to 23 the operational functions sharing arrangement. 24 d. Supplementary weighting pursuant to this subsection shall 25 be available to a school district during the period commencing 26 with the budget year beginning July 1, 2014, through the 27 budget year beginning July 1, 2024 2034 . The maximum amount 28 of additional weighting for which a school district shall be 29 eligible in a budget year is twenty-one additional pupils. 30 Criteria for determining the qualification of operational 31 functions for supplementary weighting shall be determined by 32 the department by rule, through consideration of increased 33 student opportunities. 34 e. Supplementary weighting pursuant to this subsection shall 35 -14- S 3001.40 (3) 90 md/jh 14/ 16

be available to an area education agency during the period 1 commencing with the budget year beginning July 1, 2014, through 2 the budget year beginning July 1, 2024 2034 . The minimum 3 amount of additional funding for which an area education 4 agency shall be eligible in a budget year is thirty thousand 5 dollars, and the maximum amount of additional funding for which 6 an area education agency shall be eligible is two hundred 7 thousand dollars. The department of management shall annually 8 set a weighting for each area education agency to generate 9 the approved operational sharing expense using the area 10 education agency’s special education cost per pupil amount and 11 foundation level. Criteria for determining the qualification 12 of operational functions for supplementary weighting shall be 13 determined by the department by rule, through consideration of 14 increased student opportunities. 15 f. This subsection is repealed effective July 1, 2025 2035 . 16 Sec. 16. Section 257.46, subsection 3, Code 2023, is amended 17 to read as follows: 18 3. If any portion of the gifted and talented program budget 19 remains unexpended at the end of the budget year, the remainder 20 shall be carried over to the subsequent budget year and added 21 to the gifted and talented program budget for that year. At 22 the end of a fiscal year beginning on or after July 1, 2022, 23 the school district may use all or a portion of funds for the 24 purposes authorized under subsection 9, paragraph “d” . 25 Sec. 17. Section 284.15, subsection 7, Code 2023, is amended 26 to read as follows: 27 7. The department shall establish criteria and a process 28 for application and approval of the framework established 29 under subsection 1 , and for comparable systems that meet the 30 requirements of section 284.16 or 284.17 , which a school 31 district may implement pursuant to subsection 6 in order to 32 receive teacher leadership supplement foundation aid calculated 33 under section 257.10, subsection 12 . 34 Sec. 18. EFFECTIVE DATE. This division of this Act, being 35 -15- S 3001.40 (3) 90 md/jh 15/ 16