House File 2457 - Enrolled House File 2457 AN ACT RELATING TO STATUTORY CORRECTIONS WHICH MAY ADJUST LANGUAGE TO REFLECT CURRENT PRACTICES, INSERT EARLIER OMISSIONS, DELETE REDUNDANCIES AND INACCURACIES, DELETE TEMPORARY LANGUAGE, RESOLVE INCONSISTENCIES AND CONFLICTS, UPDATE ONGOING PROVISIONS, OR REMOVE AMBIGUITIES, AND INCLUDING RETROACTIVE APPLICABILITY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Section 1.8, Code 2018, is amended to read as follows: 1.8 Applicability of statute. Section 1.4 shall apply to all lands acquired under sections 1.5 to through 1.7 . Sec. 2. Section 1.13, Code 2018, is amended to read as follows: 1.13 Existing trusts not affected. Nothing in sections section 1.12 to , this section, or section 1.14 or 1.15 shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the

House File 2457, p. 2 state to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein. Sec. 3. Section 1.14, Code 2018, is amended to read as follows: 1.14 Tribal ordinances or customs enforced. Any tribal ordinance or custom heretofore or hereafter adopted by the governing council of the Sac and Fox Indian settlement in Tama county in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the state, be given full force and effect in the determination of civil causes of action pursuant to sections 1.12 to , 1.13, this section, and 1.15 . Sec. 4. Section 6A.22, subsection 2, paragraph a, subparagraph (2), Code 2018, is amended to read as follows: (2) The acquisition of any interest in property necessary to the function of a public or private utility to the extent such purpose does not include construction of aboveground merchant lines, or necessary to the function of a common carrier , or airport or airport system. Sec. 5. Section 8B.21, subsection 6, Code 2018, is amended to read as follows: 6. Annual report. On an annual basis, the office shall prepare a report to the governor, the department of management, and the general assembly regarding the total spending on technology for the previous fiscal year, the total amount appropriated for the current fiscal year, and an estimate of the amount to be requested for the succeeding fiscal year for all agencies. The report shall include a five-year projection of technology cost savings, an accounting of the level of technology cost savings for the current fiscal year, and a comparison of the level of technology cost savings for the current fiscal year with that of the previous fiscal year. The report shall be filed as soon as possible after the close of a fiscal year, and by no later than the second Monday of January of each year. Sec. 6. Section 8C.7A, subsection 3, paragraph a, subparagraph (2), subparagraph division (b), Code 2018, is amended to read as follows:

House File 2457, p. 3 (b) An authority that has adopted a municipal or county code on or before July 1, 2017, which requires an application or permit for the installation, placement, operation, maintenance, or replacement of a micro wireless facility may continue the application or permit requirement subsequent to July 1, 2017. Sec. 7. Section 12C.5, Code 2018, is amended to read as follows: 12C.5 Refusal of deposits —— procedure. If the approved depositories will not accept the deposits under the conditions prescribed or authorized in this chapter , the funds may be deposited, on the same or better terms as were offered to the depositories, in one or more approved depositories conveniently located within the state. The treasurer of state may invest in any of the investments authorized for the Iowa public employees’ retirement system in section 97B.7A except that investment in common stocks shall not be permitted. Sec. 8. Section 15.293B, subsection 1, paragraph i, Code 2018, is amended to read as follows: i. An applicant that is unsuccessful in receiving a tax credit award during an annual application period may make additional applications during subsequent annual application periods. Such applicants shall be required to submit a new application and , which shall be competitively reviewed and scored in the same manner as other applicants applications in that annual application period. Sec. 9. Section 16.161, Code 2018, is amended to read as follows: 16.161 Authority to issue E911 911 program bonds and notes. 1. The authority shall assist the program manager, appointed pursuant to section 34A.2A , as provided in chapter 34A, subchapter II , and the authority shall have all of the powers delegated to it by a joint E911 911 service board or the department of public defense in a chapter 28E agreement with respect to the issuance and securing of bonds or notes and the carrying out of the purposes of chapter 34A . 2. The authority shall provide a mechanism for the pooling of funds of two or more joint E911 911 service boards to be used for the joint purchasing of necessary equipment and

House File 2457, p. 4 reimbursement of land-line and wireless service providers’ costs for upgrades necessary to provide E911 911 service. When two or more joint E911 911 service boards have agreed to pool funds for the purpose of purchasing necessary equipment to be used in providing E911 911 service, the authority shall issue bonds and notes as provided in sections 34A.20 through 34A.22 . Sec. 10. Section 20.3, subsections 3 and 8, Code 2018, are amended to read as follows: 3. a. “Confidential employee” means any public employee who works in the personnel offices of a public employer or who has access to information subject to use by the public employer in negotiating or who works in a close continuing working relationship with public officers or representatives associated with negotiating on behalf of the public employer. b. “Confidential employee” also includes the personal secretary of any of the following: (1) Any elected official or person appointed to fill a vacancy in an elective office , member . (2) A member of any board or commission , the . (3) The administrative officer, director, or chief executive officer of a public employer or major division thereof , or the . (4) The deputy or first assistant of any of the foregoing persons described in subparagraphs (1) through (3) . 8. “Professional employee” means any one of the following: a. Any employee engaged in work to which all of the following apply : (1) Predominantly The work is predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work ; . (2) Involving The work involves the consistent exercise of discretion and judgment in its performance ; . (3) Of The work is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time ; and . (4) Requiring The work requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital,

House File 2457, p. 5 as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes. b. Any employee who to whom all of the following apply : (1) Has The employee has completed the courses of specialized intellectual instruction and study described in paragraph “a” , subparagraph 4, of this subsection , and (4). (2) Is The employee is performing related work under the supervision of a professional person to qualify the employee to become a professional employee as defined in paragraph “a” of this subsection . Sec. 11. Section 22.15, Code 2018, is amended to read as follows: 22.15 Personnel records —— discipline —— employee notification. A government body that takes disciplinary action against an employee that may result in information described in section 22.7, subsection 11 , paragraph “a” , subparagraph (5), being placed in the employee’s personnel record, prior to taking such disciplinary action, shall notify the employee in writing that the information placed in the employee’s personnel file record as a result of the disciplinary action may become a public record. Sec. 12. Section 29A.27, subsection 5, Code 2018, is amended to read as follows: 5. The provisions herein provided of this section shall apply to all individuals receiving benefits under this section or who subsequently may become entitled to such benefits. Sec. 13. Section 30.3, subsections 1 and 2, Code 2018, are amended to read as follows: 1. Material safety data sheets or a list of chemicals required to be submitted to the department under section 311 of the Emergency Planning and Community Right-to-know Act, 42 U.S.C. §11021, shall be submitted to the department of natural resources. Submission to that the department of natural resources constitutes compliance with the requirement for notification to the department. 2. Emergency and hazardous chemical inventory forms required to be submitted to the department under section 312

House File 2457, p. 6 of the Emergency Planning and Community Right-to-know Act, 42 U.S.C. §11022, shall be submitted to the department of natural resources. Submission to that the department of natural resources constitutes compliance with the requirement for notification to the department. Sec. 14. Section 30.4, subsection 1, Code 2018, is amended to read as follows: 1. Emergency notifications of releases required to be submitted to the department under section 304 of the Emergency Planning and Community Right-to-know Act, 42 U.S.C. §11004, shall be submitted to the department of natural resources. Submission to that the department of natural resources constitutes compliance with the requirement for notification to the department. Sec. 15. Section 34A.3, subsection 1, paragraph b, subparagraph (2), Code 2018, is amended to read as follows: (2) The program manager may order the inclusion of a specific territory not serviced by surrounding 911 service plan areas in an adjoining 911 service plan area to avoid the creation by exclusion of a territory smaller than a single county not serviced by surrounding 911 service plan areas upon request of the joint 911 service board representing the territory to avoid the creation by exclusion of a territory smaller than a single county . Sec. 16. Section 34A.8, subsection 2, paragraph b, Code 2018, is amended to read as follows: b. The director, program manager, joint 911 service board, local emergency management commission established pursuant to section 29C.9 , the designated 911 service provider, and the public safety answering point, and their agents, employees, and assigns shall use local exchange service information provided by the local exchange service provider solely for the purposes of providing 911 emergency telephone service or providing related mass notification and emergency messaging services as described in section 29C.17A utilizing only the subscriber’s information, and it local exchange service information shall otherwise be kept confidential. A person who violates this section is guilty of a simple misdemeanor. Sec. 17. Section 35C.5, Code 2018, is amended to read as

House File 2457, p. 7 follows: 35C.5 Appeals. 1. In addition to the remedy provided in section 35C.4 , an appeal may be taken by any person belonging to any of the classes of persons to whom a preference is hereby granted under this chapter , from any refusal to allow said the preference, as provided in this chapter , to the district court of the county in which such the refusal occurs. 2. The appeal shall be made by serving upon the appointing board within twenty days after the date of the refusal of said the appointing officer, board, or persons to allow said the preference, a written notice of such appeal stating the grounds of the appeal ; and a demand in writing for a certified transcript of the record , and all papers on file in the office affecting or relating to said the appointment. Thereupon Upon receipt of the notice and demand , said the appointing officer, board, or person shall, within ten days, make, certify, and deliver to the appellant such a the transcript ; and the . The appellant shall, within five days thereafter, file the same transcript and a copy of the notice of appeal with the clerk of said court , and said . 3. The notice of appeal shall stand as the appellant’s complaint and thereupon said the cause shall be accorded such preference in its assignment for trial as to assure its prompt disposition. The court shall receive and consider any pertinent evidence, whether oral or documentary, concerning said the appointment from which the appeal is taken , and if . If the court shall find finds that the said applicant is qualified as defined in section 35C.1 , to hold the position for which the applicant has applied, said the court shall, by its mandate, specifically direct the said appointing officer, board , or persons as to their further action in the matter. 4. An appeal may be taken from the judgment of the said district court on any such appeal on the same terms as an appeal is taken in civil actions. At their election parties Parties entitled to appeal under this section may elect , in the alternative, to maintain an action for judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A , if that is otherwise applicable to their the

House File 2457, p. 8 case. Sec. 18. Section 37.6, Code 2018, is amended to read as follows: 37.6 Bonds. Bonds issued by a county for the purposes of this chapter shall be issued under sections 331.441 to through 331.449 relating to general county purpose bonds. Bonds issued by a city shall be issued in accordance with provisions of law under sections 384.24 through 384.36 relating to general corporate purpose bonds of a city. Sec. 19. Section 43.5, Code 2018, is amended to read as follows: 43.5 Applicable statutes. The provisions of chapters 39 , 39A , 47 , 48A , 49 , 50 , 52 , 53 , 57 , 58 , 59 , 61 , 62 , 68A , and 722 shall apply, so far as applicable, to all primary elections, except as hereinafter otherwise provided in this chapter . Sec. 20. Section 43.20, subsection 2, Code 2018, is amended to read as follows: 2. In each of the above cases described in subsection 1 , the vote to be taken for the purpose of computing the percentage shall be the vote cast for president of the United States or for governor, as the case may be. Sec. 21. Section 43.78, subsection 5, paragraphs b and d, Code 2018, are amended to read as follows: b. In the office of the proper appropriate commissioner, at least sixty-four days before the date of the election. d. In the office of the proper appropriate commissioner or the state commissioner, as applicable, in case of a special election to fill vacancies, at least twenty-five days before the day of election. Sec. 22. Section 44.9, subsections 2, 5, and 6, Code 2018, are amended to read as follows: 2. In the office of the proper appropriate commissioner, at least sixty-four days before the date of the election, except as otherwise provided in subsection 6 . 5. In the office of the proper appropriate commissioner or school board secretary in case of a special election to fill vacancies, at least twenty-five days before the day of

House File 2457, p. 9 election. 6. In the office of the proper appropriate commissioner, at least forty-two days before the regularly scheduled or special city election. However, for those cities that may be required to hold a primary election, at least sixty-three days before a regularly scheduled or special city election. Sec. 23. Section 49.11, subsection 3, paragraph d, unnumbered paragraph 1, Code 2018, is amended to read as follows: The commissioner may also consolidate Consolidate precincts for any election under any of the following circumstances: Sec. 24. Section 59.6, Code 2018, is amended to read as follows: 59.6 Power of general assembly. Nothing herein contained in this chapter shall be construed to abridge the right of either branch of the general assembly to grant commissions to take depositions, or to send for and examine any witness it may desire to hear on such trial. Sec. 25. Section 68A.101, Code 2018, is amended to read as follows: 68A.101 Citation and administration. This chapter may be cited as the “Campaign Disclosure – Income Tax Checkoff Act” . The Iowa ethics and campaign disclosure board shall administer this chapter as provided in sections 68B.32 , 68B.32A , 68B.32B , 68B.32C , and 68B.32D . Sec. 26. Section 68A.102, subsection 21, Code 2018, is amended by striking the subsection. Sec. 27. Section 70A.26, Code 2018, is amended to read as follows: 70A.26 Disaster service volunteer leave. 1. An employee of an appointing authority who is a certified disaster service volunteer of the American red cross may be granted leave with pay from work for not more than fifteen working days in any twelve-month period to participate in disaster relief services for the American red cross at the request of the American red cross for the services of that employee and upon the approval of the employee’s appointing authority without loss of seniority, pay, vacation time, personal days, sick leave, insurance and health coverage

House File 2457, p. 10 benefits, or earned overtime accumulation. The appointing authority shall compensate an employee granted leave under this section at the employee’s regular rate of pay for those regular work hours during which the employee is absent from work. 2. An employee deemed to be on granted leave under this section shall not be deemed to be an employee of the state for purposes of workers’ compensation. An employee deemed to be on granted leave under this section shall not be deemed to be an employee of the state for purposes of the Iowa tort claims Act, chapter 669 . 3. Leave under this section shall be granted only for services relating to a disaster in the state of Iowa. Sec. 28. Section 73.2, subsection 1, paragraph a, Code 2018, is amended to read as follows: a. All requests hereafter made for bids and proposals for materials, products, supplies, provisions, and other needed articles to be purchased at public expense, shall be made in general terms and by general specifications and not by brand, trade name, or other individual mark. Sec. 29. Section 84A.5, subsection 4, Code 2018, is amended to read as follows: 4. The division of labor services is responsible for the administration of the laws of this state under chapters 88 , 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 92 , and 94A , and section sections 73A.21 and 85.68. The executive head of the division is the labor commissioner, appointed pursuant to section 91.2 . Sec. 30. Section 85.47, Code 2018, is amended to read as follows: 85.47 Basis of commutation. When the commutation is ordered, the workers’ compensation commissioner shall fix the lump sum to be paid at an amount which will equal the total sum of the probable future payments capitalized at their present value and upon the basis of interest at the rate provided in section 535.3 for court judgments and decrees. Upon the payment of such amount , the employer shall be discharged from all further liability on account of the injury or death, and be entitled to a duly executed release , upon . Upon the filing which of the release,

House File 2457, p. 11 the liability of the employer under any agreement, award, finding, or judgment shall be discharged of record. Sec. 31. Section 85.53, Code 2018, is amended to read as follows: 85.53 Notice to consular officer. If such consular officer, or the officer’s duly appointed representative, shall file with the workers’ compensation commissioner evidence of the officer’s or representative’s authority, the workers’ compensation commissioner shall notify such consular officer or representative of the death of all employees leaving an alien dependent , or dependents , residing in the country of said consular officer so far as same that shall come to the commissioner’s knowledge. Sec. 32. Section 86.9, Code 2018, is amended to read as follows: 86.9 Reports. 1. The director of the department of workforce development, in consultation with the commissioner, shall, at the time provided by law, make an annual report to the governor setting forth in appropriate form the business and expense of the division of workers’ compensation for the preceding year, the number of claims processed by the division and the disposition of the claims, and other matters pertaining to the division which are of public interest, together with recommendations for change or amendment of the laws in this chapter and chapters 85 , 85A , 85B , and 87 , and the recommendations, if any, shall be transmitted by the governor to the first general assembly in session after the report is filed. 2. The commissioner, after consultation with the director of the department of workforce development, may compile an annual report setting forth the final decisions, rulings, and orders of the division for the preceding year and setting forth other matters or information which the commissioner considers desirable for publication. 3. These annual reports may be distributed by the state on request to public officials as set forth in chapter 7A . Members of the public may obtain the an annual report upon payment of its cost as set by the commissioner. Sec. 33. Section 88.1, subsection 3, Code 2018, is amended

House File 2457, p. 12 to read as follows: 3. Authorizing the labor commissioner to set mandatory occupational safety and health standards applicable to businesses, and by creating an providing for an adjudicatory process through the employment appeal board within the department of inspections and appeals for carrying out adjudicatory functions under the chapter. Sec. 34. Section 92.2, subsection 1, unnumbered paragraph 1, Code 2018, is amended to read as follows: A person over ten and under sixteen years of age cannot be employed, with or without compensation, in street occupations or migratory labor as defined provided in section 92.1 , unless the person holds a work permit issued pursuant to this chapter . Sec. 35. Section 96.3, subsection 1, Code 2018, is amended to read as follows: 1. Payment. Twenty-four months after the date when contributions first accrue under this chapter , benefits shall become payable from the fund; provided, that wages earned for services defined in section 96.19, subsection 18 , paragraph “g” , subparagraph (3), irrespective of when performed, shall not be included for purposes of determining eligibility, under section 96.4 or full-time weekly wages, under subsection 4 of this section , for the purposes of any benefit year commencing on or after July 1, 1939 , nor shall any benefits with respect to unemployment occurring on and after July 1, 1939, be payable under subsection 5 of this section on the basis of such wages. All benefits shall be paid through employment offices in accordance with such regulations as the department of workforce development may prescribe. Sec. 36. Section 99F.4, subsection 22, Code 2018, is amended to read as follows: 22. To require licensees to establish a process to allow a person to be voluntarily excluded from the gaming floor of an excursion gambling boat , and from the wagering area, as defined in section 99D.2 , and from the gaming floor of all other licensed facilities under this chapter and chapter 99D as provided in this subsection . The process shall provide that an initial request by a person to be voluntarily excluded shall be for a period of five years or life and any subsequent

House File 2457, p. 13 request following any five-year period shall be for a period of five years or life. The process established shall require that a person requesting to be voluntarily excluded be provided information compiled by the Iowa department of public health on gambling treatment options and shall also require that a licensee disseminate information regarding persons voluntarily excluded to all licensees under this chapter and chapter 99D . The state and any licensee under this chapter or chapter 99D shall not be liable to any person for any claim which may arise from this process. In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, a voluntarily excluded person by a licensee as a result of wagers made by the person after the person has been voluntarily excluded shall not be paid to the person but shall be credited to the general fund of the state. Sec. 37. Section 105.22, subsection 4, Code 2018, is amended to read as follows: 4. Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice within the profession. A copy of the record or of conviction or plea of guilty shall be conclusive evidence of such conviction. Sec. 38. Section 123.22, subsection 2, Code 2018, is amended to read as follows: 2. a. No A person, acting individually or through another acting for the person , shall not directly or indirectly, or upon any pretense , or by any device, manufacture do any of the following: (1) Manufacture , sell, exchange, barter, dispense, give in consideration of the purchase of any property or of any services or in evasion of this chapter , or keep for sale, or have possession of any intoxicating liquor, except as provided in this chapter ; or own . (2) Own , keep, or be in any way concerned, engaged, or employed in owning or keeping, any intoxicating liquor with intent to violate any provision of this chapter , or authorize or permit the same to be done ; or manufacture . (3) Manufacture , own, sell, or have possession of any manufactured or compounded article, mixture or substance,

House File 2457, p. 14 not in a liquid form, and containing alcohol which may be converted into a beverage by a process of pressing or straining the alcohol therefrom, or any instrument intended for use and capable of being used in the manufacture of intoxicating liquor ; or own . (4) Own or have possession of any material used exclusively in the manufacture of intoxicating liquor ; or use . (5) Use or have possession of any material with intent to use it in the manufacture of intoxicating liquors ; however . b. However , alcohol may be manufactured for industrial and nonbeverage purposes by persons who have qualified for that purpose as provided by the laws of the United States and the laws of this state. Such alcohol, so manufactured, may be denatured, transported, used, possessed, sold, and bartered and dispensed, subject to the limitations, prohibitions and restrictions imposed by the laws of the United States and this state. c. Any person may manufacture, sell, or transport ingredients and devices other than alcohol for the making of homemade wine or beer. Sec. 39. Section 124.401, subsection 5, Code 2018, is amended by adding the following new unnumbered paragraph after unnumbered paragraph 2: NEW UNNUMBERED PARAGRAPH . A person may knowingly or intentionally recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with the provisions of chapter 124E. For purposes of this paragraph, “cannabidiol” means the same as defined in section 124E.2. Sec. 40. Section 125.34, subsections 3 and 6, Code 2018, are amended to read as follows: 3. A person who arrives at a facility and voluntarily submits to examination shall be examined by a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional as soon as possible after the person arrives at the facility. The person may then be admitted as a patient or referred to another health facility. The referring facility shall arrange for transportation.

House File 2457, p. 15 6. If the physician and surgeon or osteopathic physician and surgeon in charge of the facility determines it is for the patient’s benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment. Sec. 41. Section 125.75, subsection 2, paragraph c, subparagraph (1), Code 2018, is amended to read as follows: (1) A written statement of a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional in support of the application. Sec. 42. Section 125.78, subsection 3, paragraph b, Code 2018, is amended to read as follows: b. Requiring an examination of the respondent, prior to the hearing, by one or more licensed physicians physician and surgeons or osteopathic physician and surgeons or mental health professionals who shall submit a written report of the examination to the court as required by section 125.80 . Sec. 43. Section 125.80, Code 2018, is amended to read as follows: 125.80 Physician’s or mental health professional’s examination —— report —— scheduling of hearing. 1. a. An examination of the respondent shall be conducted within a reasonable time and prior to the commitment hearing by one or more licensed physicians physician and surgeons or osteopathic physician and surgeons or mental health professionals as required by the court’s order. If the respondent is taken into custody under section 125.81 , the examination shall be conducted within twenty-four hours after the respondent is taken into custody. If the respondent desires, the respondent may have a separate examination by a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional of the respondent’s own choice. The court shall notify the respondent of the right to choose a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional for a separate examination. The reasonable cost of the examinations shall be paid from county funds upon order of the court if the respondent lacks sufficient funds to pay the cost. b. A licensed physician and surgeon or osteopathic physician and surgeon or mental health professional conducting

House File 2457, p. 16 an examination pursuant to this section may consult with or request the participation in the examination of facility personnel, and may include with or attach to the written report of the examination any findings or observations by facility personnel who have been consulted or have participated in the examination. c. If the respondent is not taken into custody under section 125.81 , but the court is subsequently informed that the respondent has declined to be examined by a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional pursuant to the court order, the court may order limited detention of the respondent as necessary to facilitate the examination of the respondent by the licensed physician and surgeon or osteopathic physician and surgeon or mental health professional. 2. A written report of the examination by a court-designated licensed physician and surgeon or osteopathic physician and surgeon or mental health professional shall be filed with the clerk prior to the hearing date. A written report of an examination by a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional chosen by the respondent may be similarly filed. The clerk shall immediately: a. Cause a report to be shown to the judge who issued the order. b. Cause the respondent’s attorney to receive a copy of the report of a court-designated licensed physician and surgeon or osteopathic physician and surgeon or mental health professional. 3. If the report of a court-designated licensed physician and surgeon or osteopathic physician and surgeon or mental health professional is to the effect that the respondent is not a person with a substance-related disorder, the court, without taking further action, may terminate the proceeding and dismiss the application on its own motion and without notice. 4. If the report of a court-designated licensed physician and surgeon or osteopathic physician and surgeon or mental health professional is to the effect that the respondent is a person with a substance-related disorder, the court shall

House File 2457, p. 17 schedule a commitment hearing as soon as possible. The hearing shall be held not more than forty-eight hours after the report is filed, excluding Saturdays, Sundays, and holidays, unless an extension for good cause is requested by the respondent, or as soon thereafter as possible if the court considers that sufficient grounds exist for delaying the hearing. Sec. 44. Section 125.82, subsection 3, Code 2018, is amended to read as follows: 3. The person who filed the application and a licensed physician and surgeon or osteopathic physician and surgeon , mental health professional, or certified alcohol and drug counselor certified by the nongovernmental Iowa board of substance abuse certification who has examined the respondent in connection with the commitment hearing shall be present at the hearing, unless the court for good cause finds that their presence or testimony is not necessary. The applicant, respondent, and the respondent’s attorney may waive the presence or telephonic appearance of the licensed physician and surgeon or osteopathic physician and surgeon , mental health professional, or certified alcohol and drug counselor who examined the respondent and agree to submit as evidence the written report of the licensed physician and surgeon or osteopathic physician and surgeon , mental health professional, or certified alcohol and drug counselor. The respondent’s attorney shall inform the court if the respondent’s attorney reasonably believes that the respondent, due to diminished capacity, cannot make an adequately considered waiver decision. “Good cause” for finding that the testimony of the licensed physician and surgeon or osteopathic physician and surgeon , mental health professional, or certified alcohol and drug counselor who examined the respondent is not necessary may include, but is not limited to, such a waiver. If the court determines that the testimony of the licensed physician and surgeon or osteopathic physician and surgeon , mental health professional, or certified alcohol and drug counselor is necessary, the court may allow the licensed physician and surgeon or osteopathic physician and surgeon , mental health professional, or certified alcohol and drug counselor to testify by telephone. The respondent shall be present at the