H.F. 2150 Section 1. Section 216B.3, subsection 9, Code Supplement 1 2009, is amended to read as follows: 2 9. Provide library services to persons who are blind and 3 persons with physical disabilities. 4 Sec. 2. Section 216B.4, unnumbered paragraph 1, Code 2009, 5 is amended to read as follows: 6 The director may accept financial aid from the government of 7 the United States for carrying out rehabilitation and physical 8 restoration of the blind and for providing library, news, and 9 information services to persons who are blind and persons with 10 physical disabilities. 11 Sec. 3. Section 216C.1, Code 2009, is amended to read as 12 follows: 13 216C.1 Participation by persons with disabilities. 14 1. It is the policy of this state to encourage and enable 15 persons who are blind or partially blind and persons with 16 physical disabilities to participate fully in the social and 17 economic life of the state and to engage in remunerative 18 employment. 19 2. To encourage participation by persons with disabilities, 20 it is the policy of this state to ensure compliance with 21 federal requirements concerning persons with disabilities. 22 Sec. 4. Section 216C.2, Code 2009, is amended to read as 23 follows: 24 216C.2 Public employment. 25 Persons who are blind or partially blind and persons with 26 physical disabilities shall be employed in the state service, 27 the service of the political subdivisions of the state, the 28 public schools, and all other employment supported in whole 29 or in part by public funds, on the same terms and conditions 30 as other persons, unless it is shown that the particular 31 disability prevents the performance of the work required. 32 Sec. 5. Section 216C.3, Code 2009, is amended to read as 33 follows: 34 216C.3 Free use of public facilities. 35 -1- LSB 5547HH (1) 83 jp/nh 1/ 8

H.F. 2150 Persons who are blind or partially blind and persons 1 with physical disabilities have the same right as other 2 persons to the full and free use of the streets, highways, 3 sidewalks, walkways, public buildings, public elevators, public 4 facilities, and other public places. 5 Sec. 6. Section 216C.4, Code 2009, is amended to read as 6 follows: 7 216C.4 Accommodations. 8 Persons who are blind or partially blind and persons 9 with physical disabilities are entitled to full and equal 10 accommodations, facilities, and privileges of all common 11 carriers, airplanes, motor vehicles, railroad trains, 12 motorbuses, streetcars, boats, other public conveyances or 13 modes of transportation, hotels, lodging places, eating places, 14 places of public accommodation, amusement, or resort, and 15 other places to which the general public is invited, subject 16 only to the conditions and limitations established by law and 17 applicable alike to all persons. 18 Sec. 7. Section 216C.9, Code 2009, is amended to read as 19 follows: 20 216C.9 Curb cutouts and ramps and sloped areas for persons 21 with disabilities. 22 1. Curbs constructed along any public street in this state, 23 when the street is paralleled or intersected by sidewalks, or 24 when city ordinances or other lawful regulations will require 25 the construction of sidewalks parallel to or intersecting the 26 street, shall be constructed with not less than two curb cuts 27 or ramps per lineal block which shall be located on or near the 28 crosswalks at intersections. Each curb cut or ramp shall be 29 at least thirty inches wide, shall be sloped at not greater 30 than one inch of rise per twelve inches lineal distance, 31 except that a slope no greater than one inch of rise per eight 32 inches lineal distance may be used where necessary, shall have 33 a nonskid surface, and shall otherwise be so constructed as 34 to allow reasonable access to the crosswalk for persons with 35 -2- LSB 5547HH (1) 83 jp/nh 2/ 8

H.F. 2150 physical disabilities using the sidewalk. If a street, road, 1 or highway in this state is newly built or altered, a curb 2 ramp or sloped area shall be constructed or installed at each 3 intersection of the street, road, or highway with a sidewalk 4 or path. If a sidewalk or path in this state is newly built 5 or altered, a curb ramp or sloped area shall be constructed or 6 installed at each intersection of the sidewalk or path with a 7 street, highway, or road. 8 2. The requirements of subsection 1 shall apply after 9 January 1, 1975, to all new curbs constructed and to all 10 replacement curbs constructed at any point along a public 11 street which gives reasonable access to a crosswalk. 12 3. 2. Curbs constructed Curb ramps and sloped areas that 13 are subject to the requirements of required pursuant 14 to this section shall comply be constructed or installed in 15 compliance with applicable federal requirements concerning 16 persons with disabilities adopted in accordance with the 17 federal Americans With Disabilities Act, including but not 18 limited to the guidelines issued by the federal architectural 19 and transportation barriers compliance board . 20 Sec. 8. Section 216C.10, Code 2009, is amended to read as 21 follows: 22 216C.10 Use of hearing dog. 23 A deaf or hard-of-hearing person has the right to be 24 accompanied by a hearing dog, under control and especially 25 trained at a recognized training facility to assist the deaf 26 or hard-of-hearing by responding to sound, in any place listed 27 in sections 216C.3 and 216C.4 without being required to make 28 additional payment for the hearing dog. A landlord shall 29 waive lease restrictions on the keeping of dogs for a deaf 30 or hard-of-hearing person with a hearing dog. The deaf or 31 hard-of-hearing person is liable for damage done to any premise 32 or facility by a hearing dog. 33 A person who denies or interferes with the right of a deaf or 34 hard-of-hearing person under this section is, upon conviction, 35 -3- LSB 5547HH (1) 83 jp/nh 3/ 8

H.F. 2150 guilty of a simple misdemeanor. 1 Sec. 9. Section 216C.11, Code Supplement 2009, is amended 2 to read as follows: 3 216C.11 Service dogs and assistive animals. 4 1. For purposes of this section , “service dog” means a dog 5 specially trained at a recognized training facility to assist a 6 person with a disability, whether described as a service dog, 7 a support dog, an independence dog, or otherwise. “Assistive 8 animal” means a simian or other animal specially trained or in 9 the process of being trained under the auspices of a recognized 10 training facility to assist a person with a disability. 11 2. A person with a disability, a person assisting a person 12 with a disability by controlling an assistive animal, or 13 a person training an assistive animal has the right to be 14 accompanied by a service dog or an assistive animal, under 15 control, in any of the places listed in sections 216C.3 and 16 216C.4 without being required to make additional payment for 17 the service dog or assistive animal. A landlord shall waive 18 lease restrictions on the keeping of animals for the service 19 dog or assistive animal of a person with a disability. The 20 person is liable for damage done to any premises or facility by 21 a service dog or assistive animal. 22 3. A person who knowingly denies or interferes with the 23 right of a person under this section is, upon conviction, 24 guilty of a simple misdemeanor. 25 Sec. 10. Section 321.445, subsection 5, Code 2009, is 26 amended to read as follows: 27 5. The department shall adopt rules pursuant to chapter 17A 28 providing exceptions from application of subsections 1 and 2 29 for front seats and front seat passengers of motor vehicles 30 owned, leased, rented, or primarily used by persons with 31 physical disabilities who use collapsible wheelchairs. 32 Sec. 11. Section 331.324, subsection 1, paragraph n, Code 33 2009, is amended to read as follows: 34 n. Employ persons who are blind or partially blind and 35 -4- LSB 5547HH (1) 83 jp/nh 4/ 8

H.F. 2150 persons with physical disabilities in accordance with section 1 216C.2. 2 Sec. 12. Section 331.361, subsection 5, paragraph g, Code 3 2009, is amended to read as follows: 4 g. Comply with section 216C.9 if curbs and curb ramps and 5 sloped areas are constructed. 6 Sec. 13. Section 331.461, subsection 2, paragraph g, Code 7 2009, is amended to read as follows: 8 g. Housing for persons who are elderly or persons with 9 physical disabilities. 10 Sec. 14. Section 335.32, Code 2009, is amended to read as 11 follows: 12 335.32 Homes for persons with physical disabilities. 13 A county board of supervisors or county zoning commission 14 shall consider a home for persons with physical disabilities a 15 family home, as defined in section 335.25, for the purposes of 16 zoning, in accordance with chapter 504C. 17 Sec. 15. Section 384.24, subsection 2, paragraph k, Code 18 Supplement 2009, is amended to read as follows: 19 k. Housing for persons who are elderly or persons with 20 physical disabilities. 21 Sec. 16. Section 403A.7, subsection 1, paragraph c, 22 subparagraph (1), subparagraph division (a), Code 2009, is 23 amended to read as follows: 24 (a) The family size, composition, age, 25 physical disabilities, and other factors which might affect the 26 rent-paying ability of the person or family. 27 Sec. 17. Section 414.30, Code 2009, is amended to read as 28 follows: 29 414.30 Homes for persons with physical disabilities. 30 A city council or city zoning commission shall consider a 31 home for persons with physical disabilities a family home, as 32 defined in section 414.22, for purposes of zoning in accordance 33 with chapter 504C. 34 Sec. 18. Section 504C.1, subsections 1 and 2, Code 2009, are 35 -5- LSB 5547HH (1) 83 jp/nh 5/ 8

H.F. 2150 amended to read as follows: 1 1. For the purposes of this chapter, “physical 2 disability” “disability” means a physical impairment that 3 results in significant functional limitations in one or more 4 areas of major life activity and in the need for specialized 5 care, treatment, or training services of extended duration. 6 2. Individuals with physical disabilities may form 7 nonprofit corporations pursuant to chapter 504 for the sole 8 purpose of establishing homes for persons with disabilities 9 which are intended to serve two to five residents who are 10 members of the nonprofit corporation. 11 Sec. 19. Section 714.19, subsection 5, Code 2009, is amended 12 to read as follows: 13 5. Nonprofit schools exclusively engaged in training 14 persons with physical disabilities in the state of Iowa. 15 Sec. 20. IMPLEMENTATION OF ACT. Section 25B.2, subsection 16 3, shall not apply to this Act. 17 EXPLANATION 18 This bill relates to rights of persons with disabilities 19 by changing Code references from “persons with physical 20 disabilities” to “persons with disabilities”, revising the 21 accessibility requirements for curb ramps and sloped areas 22 in intersections with streets, roads, and highways, and 23 eliminating certain penalties. 24 The reference change is made in the following Code sections: 25 section 216B.3, relating to the duties of the commission for 26 the blind; section 216B.4, relating to federal aid accepted by 27 the director of the department for the blind; section 216C.1, 28 stating state policy regarding participation by persons with 29 disabilities; section 216C.2, regarding public employment by 30 persons with disabilities; section 216C.3, regarding full and 31 free use of public facilities by persons with disabilities; 32 section 216C.4, relating to the right of persons with 33 disabilities to have full and equal accommodations, facilities, 34 and privileges to access areas, transportation, and businesses 35 -6- LSB 5547HH (1) 83 jp/nh 6/ 8

H.F. 2150 to which the general public is invited; section 321.445, 1 relating to required use of safety belts and safety harnesses 2 in motor vehicles; section 331.324, relating to the duties 3 and powers of county and township officers and employees; 4 section 331.461, relating to the definition of the term “city 5 enterprise” used for city general obligation bonds; section 6 335.32, relating to county zoning of homes for persons with 7 disabilities; section 384.24, relating to the definition of 8 the term “county enterprise” used for county revenue bonds; 9 section 403A.7, relating to the income limits and rents set by 10 a municipality for municipal housing projects by taking into 11 consideration disabilities and other factors; section 414.30, 12 relating to city zoning of homes for persons with disabilities; 13 section 504C.1, relating to nonprofit corporations providing 14 housing for persons with disabilities (also revises a defined 15 term in that section to eliminate the reference to physical 16 disability); and section 714.19, relating to inapplicability of 17 certain fraud statutes to certain nonprofit schools training 18 persons with disabilities. 19 The bill also rewrites Code section 216C.9, relating to 20 curbs and ramps for persons with disabilities to replace 21 specific requirements with a general requirement to comply 22 with the federal guidelines and requirements adopted under 23 the federal Americans With Disabilities Act. The general 24 requirement is applicable when streets, roads, highways, 25 sidewalks, and paths are newly built or altered. 26 Code section 216C.10, relating to the use of a hearing 27 dog, is amended to eliminate the requirement that hearing 28 dogs must be trained at a recognized training facility. In 29 addition, the bill repeals the simple misdemeanor penalty for 30 someone who denies or interferes with the right of a deaf or 31 hard-of-hearing person to be accompanied by a hearing dog. 32 Code section 216C.11, relating to service dogs and assistive 33 animals, is amended to eliminate the requirement that service 34 dogs must be trained at a recognized training facility. In 35 -7- LSB 5547HH (1) 83 jp/nh 7/ 8

H.F. 2150 addition, the bill repeals the simple misdemeanor penalty 1 for someone who denies or interferes with the right of a 2 person with a disability to be accompanied by a service dog or 3 assistive animal. 4 The bill may include a state mandate as defined in Code 5 section 25B.3. The bill makes inapplicable Code section 25B.2, 6 subsection 3, which would relieve a political subdivision from 7 complying with a state mandate if funding for the cost of 8 the state mandate is not provided or specified. Therefore, 9 political subdivisions are required to comply with any state 10 mandate included in the bill. 11 -8- LSB 5547HH (1) 83 jp/nh 8/ 8